Travelers through some of the busiest U.S. airports can expect to learn Thursday whether they’ll see fewer flights as the government shutdown drags into a second month.
The Federal Aviation Administration will announce the “high-volume markets” where it is reducing flights by 10% before the cuts go into effect Friday, said agency administrator Bryan Bedford. The move is intended to keep the air space safe during the shutdown, the agency said.
Experts predict hundreds if not thousands of flights could be canceled.
“I’m not aware in my 35-year history in the aviation market where we’ve had a situation where we’re taking these kinds of measures,” Bedford said Wednesday. “We’re in new territory in terms of government shutdowns.”
Air traffic controllers have been working unpaid since the shutdown began Oct. 1. Most work mandatory overtime six days a week, leaving little time for side jobs to help cover bills and other expenses unless they call out.
Mounting staffing pressures are forcing the agency to act, Bedford said Wednesday at a news conference.
“We can’t ignore it,” he said, adding that even if the shutdown ends before Friday, the FAA wouldn’t automatically resume normal operations until staffing improves and stabilizes.
Bedford and Transportation Secretary Sean Duffy declined during the news conference to name the cities and airports where they will slow air traffic, saying they wanted to first meet with airline executives to figure out how to safely implement the reductions.
Major airlines, aviation unions and the broader travel industry have been urging Congress to end the shutdown, which on Wednesday became the longest on record.
The shutdown is putting unnecessary strain on the system and “forcing difficult operational decisions that disrupt travel and damage confidence in the U.S. air travel experience,” said U.S. Travel Association President and CEO Geoff Freeman in a statement.
SACRAMENTO — California’s push to redraw the state’s congressional districts to favor Democrats faced early opposition Tuesday during legislative hearings, a preview of the obstacles ahead for Gov. Gavin Newsom and his allies as they try to convince voters to back the effort.
California Democrats entered the redistricting fray after Republicans in Texas moved to reconfigure their political districts to increase by five the number of GOP members of Congress after the 2026 midterm elections, a move that could sway the outcome of the 2026 midterm elections.
The proposed map of new districts in California that could go before voters in November could cost as many as five Golden State Republicans their seats in Congress.
In Sacramento, Republicans criticized Democrats for trying to scrap the independent redistricting process approved by voters in 2010, a change designed to remove self-serving politics and partisan game-playing. GOP lawmakers argued that the public and legislators had little time to review the maps of the proposed congressional districts and questioned who crafted the new districts and bankrolled the effort.
In an attempt to slow down the push by Democrats, California Republicans filed an emergency petition at the California Supreme Court, arguing that Democrats violated the state Constitution by rushing the bills through the legislature.
The state Constitution requires lawmakers to introduce non-budget bills 30 days before they are voted on, unless the Legislature waives that rule by a three-fourths majority vote. The bills were introduced Monday through a common process known as “gut and amend,” where lawmakers strip out the language from an older pending bill and replace it with a new proposal.
The lawsuit said that without the Supreme Court’s intervention, the state could enact “significant new legislation that the public has only seen for, at most, a few days,” according to the lawsuit filed by GOP state Sens. Tony Strickland of Huntington Beach and Suzette Martinez Valladares of Acton and Assemblymembers Tri Ta of Westminster and Kathryn Sanchez of Trabuco Canyon.
Democrats bristled at the questions about their actions, including grilling by reporters and Republicans about who had drawn the proposed congressional districts that the party wants to put before voters.
“When I go to a restaurant, I don’t need to meet the chef,” said Assembly Elections Committee chair Gail Pellerin (D-Santa Cruz).
Democrats unveiled their campaign to suspend the independent redistricting commission’s work Thursday, proposed maps of the redrawn districts were submitted to state legislative leaders Friday, and the three bills were introduced in the legislature Monday.
If passed by a two-thirds vote in both bodies of the legislature and signed by Newsom this week, as expected, the measure will be on the ballot on Nov. 4.
On Tuesday, lawmakers listened to hours of testimony and debate, frequently engaging in testy exchanges.
After heated arguing and interrupting during an Assembly Elections Committee hearing, Pellerin admonished Assemblymembers Marc Berman (D-Menlo Park) and David Tangipa (R-Clovis).
“I would like you both to give me a little time and respect,” Pellerin said near the end of a hearing that lasted about five hours.
Tangipa and the committee’s vice chair, Assemblywoman Alexandra Macedo (R-Tulare), repeatedly questioned witnesses about issues that the GOP is likely to continue to raise: the speed with which the legislation is being pushed through, the cost of the special election, the limited opportunity for public comment on the maps, who drew the proposed new districts and who is funding the effort.
Tangipa voiced concerns that legislators had too little time to review the legislation.
“That’s insanity, and that’s heartbreaking to the rest of Californians,” Tangipa said. “How can you say you actually care about the people of California?
Berman dismissed the criticism, saying the bill was five pages long.
In a Senate elections committee hearing, State Sen. Steve Choi (R-Irvine), the only Republican on the panel, repeatedly pressed Democrats about how the maps had been drawn before they were presented.
Tom Willis, Newsom’s campaign counsel who appeared as a witness to support the redistricting bills, said the map was “publicly submitted, and then the legislature reviewed it carefully and made sure that it was legally compliant.”
But, Choi asked, who drew the maps in the first place? Willis said he couldn’t answer, because he “wasn’t a part of that process.”
In response to questions about why California should change their independent redistricting ethos to respond to potential moves by Texas, state Sen. Majority Leader Lena Gonzalez (D-Long Beach) was blunt.
“This is a partisan gerrymander,” she said, to counter the impacts of Trump administration policy decisions, from healthcare cuts to immigration raids, that are disproportionately impacting Californians. “That’s what we’re talking about here.”
Her comments prompted a GOP operative who is aiding the opposition campaign to the ballot measure to say, “It made me salivate.”
California Common Cause, an ardent supporter of independent redistricting, initially signaled openness to revisiting the state’s independent redistricting rules because they would not “call for unilateral political disarmament in the face of authoritarianism.”
But on Tuesday, the group announced its opposition to a state Senate bill.
“it would create significant rollbacks in voter protections,” the group said in a statement, arguing that the legislation would result in reduced in-person voting, less opportunities for underrepresented communities to cast ballots and dampens opportunities for public input. “These changes to the Elections Code … would hinder full voter participation, with likely disproportionate harm falling to already underrepresented Californians.”
Just as the trees have begun to lose their leaves in Granite City, Ill., and fall begins to take on the early shades of winter, Victoria Boyd feels the pull of California.
Just as the Santa suit goes off to the cleaners, boots polished and stored in the closet of his home in neighboring Madison, David Becherer feels the pull of California.
But the California that the two longtime friends are drawn to is not a land of palm trees, blue skies and sunny waves on the beach.
Instead it’s a land of glue and make-believe in a drafty warehouse next to the 210 Freeway in Irwindale, where pink flamingos are as tall as blossoming yuccas, butterflies have the wingspan of condors and lotus flowers are the size of hubcaps.
Victoria Boyd, left, and David Becherer, who’s also from Illinois, work on a float at Fiesta Parade Floats in Irwindale.
(Irfan Khan / Los Angeles Times)
If they see the sun, it will be during a break. The beach is not on their itinerary, and if they’re looking for a moment of rest, it will be when they get back home.
They have a job to do and a deadline to meet. Dec. 31 waits for no one, especially for volunteers like Boyd and Becherer who put in the 12-hour days and double shifts to complete the work on floats for the Rose Parade.
They have made this annual pilgrimage from the frozen Midwest for more than three decades. As a former part-time florist, Becherer used to watch the parade on television, intrigued by the elaborate arrangements and the artistry piled on these rolling platforms, and when he learned he could be part of the spectacle, he jumped. Boyd soon followed.
Her streak has been unbroken since 1987; he took a little time off to care for his family. Their devotion to this annual celebration of camp is unwavering, their commitment close to an obsession.
“How long am I going to be doing this?” asks Victoria Boyd, left. “Well, as long as I can. I don’t think I can stay home. I don’t think I cannot be here.” She is pictured with an unidentified woman.
(Irfan Khan / Los Angeles Times)
“Unless I’m too tired and full of glue, I feel that I didn’t get my money’s worth,” said Boyd, 79, who sees no end to this tradition.
“How long am I going to be doing this?” she asks. “Well, as long as I can. I don’t think I can stay home. I don’t think I cannot be here.”
On Thursday afternoon, Boyd and Becherer, both former teachers, sit at a small table gluing minced safflower petals onto a string of Styrofoam beads as large as softballs that will soon be placed on the neck of a Hopi butterfly dancer rising from the middle of the float.
They belong to a unique confederacy of nearly 1,000 volunteers who arrive each day at Fiesta Parade Floats, the last week of the year, to begin and end the meticulous and tedious task of chopping flowers, carting supplies, climbing scaffolding, spreading glue, and applying flowers, seeds, bark and spices to an unwieldy contraption of steel, plywood, burlap and polyurethane.
Let others here and across the country take in the polish and perfection of the Rose Parade for a few hours on New Year’s Day. These workers prefer the weeklong company of like-minded devotees dedicated to bringing to life scenes spun from the imagination, from nature and storybooks, from fairy tales and myth.
“We’re part of a cult that comes out here every year, and Dave and I are charter members,” said Boyd, who counts friends from Maine, Louisiana and Michigan. More than a tenth of the workforce arrives from out of state and out of country, some from as far as New Zealand and England, according to a spokesperson with Fiesta, and all on their own dime.
Boyd estimates that she will spend about $2,500 this year — flights, motel, car rental — for the opportunity to work on these “magnificent, awesome” works of art and “to be out of the cold Midwest for a week.”
“That’s a bonus too,” she said.
Barbara Hill may not be a member of any decorating cult, but her dedication is no less intense. For three days last week, she climbed aboard the Torrance Rose Float Assn.’s yellow school bus at 7:45 a.m. for the hourlong ride to Irwindale.
Barbara Hill, center, a resident of Torrance, has volunteered as a Rose Parade float decorator for 43 years. Petra Orozco, left, another volunteer, admires the patches on Hill’s jacket signifying the years she’s worked on floats.
(Irfan Khan / Los Angeles Times)
Hill, 72, a retired purchaser for Northrop Grumman (think F-18s and B-2s), decorated her first float in 1980, and today she’s focused on flying hummingbirds, having woven together grapevine and moss to create a nest as large as a hot tub.
Though every detail of every float is scripted in advance — specifications listing material, texture and application — the volunteers are given leeway to make sure the execution is effective, the illusion believable. If it means modifying ingredients — and permission is granted — then so be it.
Though this creativity appeals to Hill, the heart of the experience is the friendships, she said, that form over these few days.
“That is the finest thing,” she said. “They assign you to someone whom you’ve never met, and you find a way to work together to get this float done. And in the end, we smile and say, ‘See you again next year.’ ”
And when they do, they will reminisce over their successes and failures. Like the time they created the most realistic mane for a lion — cypress branches coated with paprika — or the time their shaggy dog made of pampas grass caught fire just minutes before the start of the parade.
Or when they won the Sweepstakes Trophy — the parade’s top prize based on floral design, presentation and entertainment — as Boyd and Becherer’s float did last January for the sinuous red and yellow Chinese dragon and lanterns they crafted.
Victoria Boyd estimates that she will spend about $2,500 on her current visit to Southern California — flights, motel, car rental — for the opportunity to work on these “magnificent, awesome” works of art and “to be out of the cold Midwest for a week.”
(Irfan Khan / Los Angeles Times)
They’re hoping for a repeat and are feeling confident as they check out the competition.
“We’re not so competitive, as we are territorial,” said Boyd, who looks at one float that seems far behind schedule. “I’m not sure how they’ll get it done in time.”
But with only five floats in the Fiesta warehouse, the statistical sample is small. Thirty-six others — under constructed at sites elsewhere — will participate in the parade, each interpreting this year’s theme: “Celebrating a World of Music: The Universal Language.”
At the moment, however, the language is more discordant: a steady din of voices amid sporadic sounds of vacuum cleaners, welding torches, hair dryers and blenders. The air smells of flowers tinged with the essence of glue, of which there are the three varieties — white, sticky and rubber. Boyd is well versed in each.
Fellow Illinoisans Victoria Boyd and David Becherer apply cuttings of safflower on an ornamental piece for a Rose Parade float at Fiesta Parade Floats in Irwindale.
(Irfan Khan / Los Angeles Times)
Her fingertips are stained orange from crushed flowers stuck to the skin. She tries to wash it off, but the effort is futile. “After Day 3, my phone doesn’t recognize me because I no longer have fingerprints,” she said. “That is a badge of honor.”
As she and Becherer finish their choker for the Hopi butterfly dancer, they get ready to start on a pendant and earrings. Boyd likes the detail work, though she would prefer to be handling whole flowers, not the shredded ones. She calls it “petaling,” the application of individual petals from carnations, irises, gladiolas and the like.
“It’s more intricate,” she said, and under-appreciated because float designers “just haven’t seen a good petal job.”
They know their work is ephemeral, that their efforts will age and wither and dry. “I try not to focus on that,” Boyd said. “It’s sad to think it doesn’t last.”
But Becherer, the seasonal Santa, sees it differently. “It’s just like Christmas,” he said. “You enjoyed it when it was here, then it’s over and you get to start all over again in a year.”
When their work is done, they might pitch in on other floats, but come Sunday, all volunteers at Fiesta disperse.
Hill will head back to home in the South Bay, eager for a hot bath and a soft bed. She will wake up at 8 on New Year’s Day to watch the parade, making sure her float goes by without mishap, and then go back to sleep and wait 51 weeks.
On Monday, Boyd and Becherer will head to the parade route to admire their handiwork. Like newcomers to the experience, they will sit in their chairs, possibly the bleachers, and exclaim when the Hopi butterfly dancer draws near.
Victoria Boyd, center, David Becherer, left, and Gee Wong chat during a lunch break at Fiesta Parade Floats. “When we see our float,” said Becherer, recalling the feeling over the years, “we swell with pride. We let everyone around us know that we did that.”
(Irfan Khan / Los Angeles Times)
“When we see our float,” said Becherer, recalling the feeling over the years, “we swell with pride. We let everyone around us know that we did that.”
For Boyd, nothing comes close to the Rose Parade. She has seen similar processions elsewhere — Louisiana, Oregon, New York City — but is spoiled by the size and scope and scale of what comes down Colorado Boulevard each year.
“It’s beautiful,” Becherer agrees. “It brings a lot of people together, not only those watching from the street but everyone who worked on the floats. It’s a joy to be around people like that. There is so much division in this world today; no one can agree on anything. Now’s the time for people to come together.”
Earlier this month, Taison Bell walked into the intensive-care unit at UVA Health and discovered that half of the patients under his care could no longer breathe on their own. All of them had been put on ventilators or high-flow oxygen. “It was early 2022 the last time I saw that,” Bell, an infectious-disease and critical-care physician at the hospital, told me—right around the time that the original Omicron variant was ripping through the region and shattering COVID-case records. This time, though, the coronavirus, flu, and RSV were coming together to fill UVA’s wards—“all at the same time,” Bell said.
Since COVID’s arrival, experts have been fearfully predicting a winter worst: three respiratory-virus epidemics washing over the U.S. at once. Last year, those fears didn’t really play out, Sam Scarpino, an infectious-disease modeler at Northeastern University, told me. But this year, “we’re set up for that to happen,” as RSV, flu, and COVID threaten to crest in near synchrony. The situation is looking grim enough that the CDC released an urgent call last Thursday for more vaccination for all three pathogens—the first time it has struck such a note on seasonal immunizations since the pandemic began.
Nationwide, health-care systems aren’t yet in crisis mode. Barring an unexpected twist in viral evolution, a repeat of that first terrible Omicron winter seems highly unlikely. Nor is the U.S. necessarily fated for an encore of last year’s horrors, when enormous, early waves of RSV, then flu, slammed the country, filling pediatric emergency departments and ICUs past capacity, to the point where some hospitals began to pitch temporary tents outside to accommodate overflow. On the contrary, more so than any other year since SARS-CoV-2 appeared, our usual respiratory viruses “seem to be kind of getting back to their old patterns” with regard to timing and magnitude, Kathryn Edwards, a vaccine and infectious-disease expert at Vanderbilt University, told me.
But even so-so seasons of RSV, flu, and SARS-CoV-2 could create catastrophe if piled on top of one another. “It really doesn’t take much for any of these three viruses to tip the scale and strain hospitals,” Debra Houry, the CDC’s chief medical officer, told me. It also—in theory—shouldn’t take much to waylay the potential health-care crisis ahead. For the first time in history, the U.S. is offering vaccines against flu, COVID, and RSV: “We have three opportunities to prevent three different viral infections,” Grace Lee, a pediatrician at Stanford, told me. And yet, Americans have all but ignored the shots being offered to them.
So far, flu-shot uptake is undershooting last year’s rate. According to recent polls, as many as half of surveyed Americans probably or definitely aren’t planning to get this year’s updated COVID-19 vaccine. RSV shots, approved for older adults in May and for pregnant people in August, have been struggling to get a foothold at all. Distributed to everyone eligible to receive them, this trifecta of shots could keep as many as hundreds of thousands of Americans out of emergency departments and ICUs this year. But that won’t happen if people continue to shirk protection. The specific tragedy of this coming winter will be that any suffering was that much more avoidable.
Much of the agony of last year’s respiratory season can be chalked up to a terrible combination of timing and intensity. A wave of RSV hit the nation early and hard, peaking in November and leaving hospitals no time to recover before flu—also ahead of schedule—soared toward a December maximum. Children bore the brunt of these onslaughts, after spending years protected from respiratory infections by pandemic mitigations. “When masks came down, infections went up,” Lee told me. Babies and toddlers were falling seriously sick with their first respiratory illnesses—but so were plenty of older kids who had skipped the typical infections of infancy. With the health-care workforce still burnt out and substantially pared down from a pandemic exodus, hospitals ended up overwhelmed. “We just did not have enough capacity to take care of the kids we wanted to be able to take care of,” Lee said. Providers triaged cases over the phone; parents spent hours cradling their sick kids in packed waiting rooms.
And yet, one of the biggest fears about last year’s season didn’t unfold: waves of RSV, flu, and COVID cresting all at once. COVID’s winter peak didn’t come until January, after RSV and flu had substantially died down. Now, though, RSV is hovering around the high it has maintained for weeks, COVID hospitalizations have been on a slow but steady rise, and influenza, after simmering in near-total quietude, seems to be “really taking off,” Scarpino told me. None of the three viruses has yet approached last season’s highs. But a confluence of all of them would be more than many hospitals could take. Across the country, many emergency departments and ICUs are nearing or at capacity. “We’re treading water okay right now,” Sallie Permar, the chief pediatrician at Weill Cornell Medical Center and NewYork-Presbyterian Hospital, told me. “Add much more, and we’re thrown into a similar situation as last year.”
That forecast isn’t certain. RSV, which has been dancing around a national peak, could start quickly declining; flu could take its time to reach an apex. COVID, too, remains a wild card: It has not yet settled into a predictable pattern of ebb and flow, and won’t necessarily maintain or exceed its current pace. This season may still be calmer than last, and impacts of these diseases similarly, or even more, spaced out.
But several experts told me that they think substantial overlap in the coming weeks is a likely scenario. Timing is ripe for spread, with the holiday season in full swing and people rushing through travel hubs on the way to family gatherings. Masking and testing rates remain low, and many people are back to shrugging off symptoms, heading to work or school or social events while potentially still infectious. Nor do the viruses themselves seem to be cutting us a break. Last year’s flu season, for instance, was mostly dominated by a single strain, H3N2. This year, multiple flu strains of different types appear to be on a concomitant rise, making it that much more likely that people will catch some version of the virus, or even multiple versions in quick succession. The health-care workforce is, in many ways, in better shape this year. Staffing shortages aren’t quite as dire, Permar told me, and many experts are better prepared to deal with multiple viruses at once, especially in pediatric care. Kids are also more experienced with these bugs than they were this time last year. But masking is no longer as consistent a fixture in health-care settings as it was even at the start of 2023. And should RSV, flu, and COVID flood communities simultaneously, new issues—including co-infections, which remain poorly understood—could arise. (Other respiratory illnesses are still circulating too.) There’s a lot experts just can’t anticipate: We simply haven’t yet had a year when these three viruses have truly inundated us at once.
Vaccines, of course, would temper some of the trouble—which is part of the reason the CDC issued its clarion call, Houry told me. But Americans don’t seem terribly interested in getting the shots they’re eligible for. Flu-shot uptake is down across all age groups compared with last year—even among older adults and pregnant people, who are at especially high risk. And although COVID vaccination is bumping along at a comparable pace to 2022, the rates remain “atrocious,” Bell told me, especially among children. RSV vaccines have reached just 17 percent of the population over the age of 60. Among pregnant people, the other group eligible for the vaccines, uptake has been stymied by delays and confusion over whether they qualify. Some of Permar’s pregnant physician colleagues have been turned away from pharmacies, she told me, or been told their shots might not be covered by insurance. “And then some of those same parents have babies who end up in the hospital with RSV,” she said. Infants were also supposed to be able to get a passive form of immunity from monoclonal antibodies. But those drugs have been scarce nationwide, forcing providers to restrict their use to babies at highest risk—yet another way in which actual protection against respiratory disease has fallen short of potential. “There was a lot of excitement and hope that the monoclonal was going to be the answer and that everybody could get it,” Edwards told me. “But then it became very apparent that this just functionally wasn’t going to be able to happen.”
Last year, at least some of the respiratory-virus misery had become inevitable: After the U.S. dropped pandemic mitigations, pathogens were fated to come roaring back. The early arrivals of RSV and flu (especially on the heels of an intense summer surge of enterovirus and rhinovirus) also left little time for people to prepare. And of course, RSV vaccines weren’t yet around. This year, though, timing has been kinder, immunity stronger, and our arsenal of tools better supplied. High uptake of shots would undoubtedly lower rates of severe disease and curb community spread; it would preserve hospital capacity, and make schools and workplaces and travel hubs safer to move through. Waves of illness would peak lower and contract faster. Some might never unfold at all.
But so far, we’re collectively squandering our chance to shore up our defense. “It’s like we’re rushing into battle without armor,” Bell told me, even though local officials have been begging people to ready themselves for months. Which all makes this year feel terrible in a different kind of way. Whatever happens in the coming weeks and months will be a worse version of what it could have been—a season of opportunities missed.
For most of his life, Mitt Romney has nursed a morbid fascination with his own death, suspecting that it might assert itself one day suddenly and violently.
He controls what he can, of course. He wears his seat belt, and diligently applies sunscreen, and stays away from secondhand smoke. For decades, he’s followed his doctor’s recipe for longevity with monastic dedication—the lean meats, the low-dose aspirin, the daily 30-minute sessions on the stationary bike, heartbeat at 140 or higher or it doesn’t count.
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He would live to 120 if he could. “So much is going to happen!” he says when asked about this particular desire. “I want to be around to see it.” But some part of him has always doubted that he’ll get anywhere close.
He has never really interrogated the cause of this preoccupation, but premonitions of death seem to follow him. Once, years ago, he boarded an airplane for a business trip to London and a flight attendant whom he’d never met saw him, gasped, and rushed from the cabin in horror. When she was asked what had so upset her, she confessed that she’d dreamt the night before about a man who looked like him—exactly like him—getting shot and killed at a rally in Hyde Park. He didn’t know how to respond, other than to laugh and put it out of his mind. But when, a few days later, he happened to find himself on the park’s edge and saw a crowd forming, he made a point not to linger.
All of which is to say there is something familiar about the unnerving sensation that Romney is feeling late on the afternoon of January 2, 2021.
It begins with a text message from Angus King, the junior senator from Maine: “Could you give me a call when you get a chance? Important.”
Romney calls, and King informs him of a conversation he’s just had with a high-ranking Pentagon official. Law enforcement has been tracking online chatter among right-wing extremists who appear to be planning something bad on the day of Donald Trump’s upcoming rally in Washington, D.C. The president has been telling them the election was stolen; now they’re coming to steal it back. There’s talk of gun smuggling, of bombs and arson, of targeting the traitors in Congress who are responsible for this travesty. Romney’s name has been popping up in some frightening corners of the internet, which is why King needed to talk to him. He isn’t sure Romney will be safe.
Romney hangs up and immediately begins typing a text to Mitch McConnell, the Senate majority leader. McConnell has been indulgent of Trump’s deranged behavior over the past four years, but he’s not crazy. He knows that the election wasn’t stolen, that his guy lost fair and square. He sees the posturing by Republican politicians for what it is. He’ll want to know about this, Romney thinks. He’ll want to protect his colleagues, and himself.
Romney sends his text: “In case you have not heard this, I just got a call from Angus King, who said that he had spoken with a senior official at the Pentagon who reports that they are seeing very disturbing social media traffic regarding the protests planned on the 6th. There are calls to burn down your home, Mitch; to smuggle guns into DC, and to storm the Capitol. I hope that sufficient security plans are in place, but I am concerned that the instigator—the President—is the one who commands the reinforcements the DC and Capitol police might require.”
McConnell never responds.
I began meeting with Romney in the spring of 2021. The senator hadn’t told anyone he was talking to a biographer, and we kept our interviews discreet. Sometimes we talked in his Senate office, after most of his staff had gone home; sometimes we went to his little windowless “hideaway” near the Senate chamber. But most weeks, I drove to a stately brick townhouse with perpetually drawn blinds on a quiet street a mile from the Capitol.
The place had not been Romney’s first choice for a Washington residence. When he was elected, in 2018, he’d had his eye on a newly remodeled condo at the Watergate with glittering views of the Potomac. His wife, Ann, fell in love with the place, but his soon-to-be staffers and colleagues warned him about the commute. So he grudgingly chose practicality over luxury and settled for the $2.4 million townhouse instead.
He tried to make it nice, so that Ann would be comfortable when she visited. A decorator filled the rooms with tasteful furniture and calming abstract art. He planted a garden on the small backyard patio. But his wife rarely came to Washington, and his sons didn’t come either, and gradually the house took on an unkempt bachelor-pad quality. Crumbs littered the kitchen counter; soda and seltzer occupied the otherwise-empty fridge. Old campaign paraphernalia appeared on the mantel, clashing with the decorator’s mid-tone color scheme, and a bar of “Trump’s Small Hand Soap” (a gag gift from one of his sons) was placed in the powder room alongside the monogrammed towels.
Top left: Mitt and Ann Romney at a dinner in Washington for Richard Nixon’s inauguration, January 1973. Top right: Romney speaking to a Mormon congregation in the Boston area, 1980s. Bottom: Romney and several of his sons. (Courtesy of Mitt Romney)
In the “dining room,” a 98-inch TV went up on the wall and a leather recliner landed in front of it. Romney, who didn’t have many real friends in Washington, ate dinner alone there most nights, watching Ted Lasso or Better Call Saul as he leafed through briefing materials. On the day of my first visit, he showed me his freezer, which was full of salmon fillets that had been given to him by Lisa Murkowski, the senator from Alaska. He didn’t especially like salmon but found that if he put it on a hamburger bun and smothered it in ketchup, it made for a serviceable meal.
Sitting across from Romney at 76, one can’t help but become a little suspicious of his handsomeness. The jowl-free jawline. The all-seasons tan. The just-so gray at the temples of that thick black coif, which his barber once insisted he doesn’t dye. It all seems a little uncanny. Only after studying him closely do you notice the signs of age. He shuffles a little when he walks now, hunches a little when he sits. At various points in recent years, he’s gotten so thin that his staff has worried about him. Mostly, he looks tired.
Romney’s isolation in Washington didn’t surprise me. In less than a decade, he’d gone from Republican standard-bearer and presidential nominee to party pariah thanks to a series of public clashes with Trump. What I didn’t quite expect was how candid he was ready to be. He instructed his scheduler to block off evenings for weekly interviews, and told me that no subject would be off-limits. He handed over hundreds of pages of his private journals and years’ worth of personal correspondence, including sensitive emails with some of the most powerful Republicans in the country. When he couldn’t find the key to an old filing cabinet that contained some of his personal papers, he took a crowbar to it and deposited stacks of campaign documents and legal pads in my lap. He’d kept all of this stuff, he explained, because he thought he might write a memoir one day, but he’d decided against it. “I can’t be objective about my own life,” he said.
Some nights he vented; other nights he dished. He’s more puckish than his public persona suggests, attuned to the absurdist humor of political life and quick to share stories that others might consider indiscreet. I got the feeling he liked the company—our conversations sometimes stretched for hours.
“A very large portion of my party,” he told me one day, “really doesn’t believe in the Constitution.” He’d realized this only recently, he said. We were a few months removed from an attempted coup instigated by Republican leaders, and he was wrestling with some difficult questions. Was the authoritarian element of the GOP a product of President Trump, or had it always been there, just waiting to be activated by a sufficiently shameless demagogue? And what role had the members of the mainstream establishment—people like him, the reasonable Republicans—played in allowing the rot on the right to fester?
I had never encountered a politician so openly reckoning with what his pursuit of power had cost, much less one doing so while still in office. Candid introspection and crises of conscience are much less expensive in retirement. But Romney was thinking beyond his own political future.
Earlier this year, he confided to me that he would not seek reelection to the Senate in 2024. He planned to make this announcement in the fall. The decision was part political, part actuarial. The men in his family had a history of sudden heart failure, and none had lived longer than his father, who died at 88. “Do I want to spend eight of the 12 years I have left sitting here and not getting anything done?” he mused. But there was something else. His time in the Senate had left Romney worried—not just about the decomposition of his own political party, but about the fate of the American project itself.
Shortly after moving into his Senate office, Romney had hung a large rectangular map on the wall. First printed in 1931 by Rand McNally, the “histomap” attempted to chart the rise and fall of the world’s most powerful civilizations through 4,000 years of human history. When Romney first acquired the map, he saw it as a curiosity. After January 6, he became obsessed with it. He showed the map to visitors, brought it up in conversations and speeches. More than once, he found himself staring at it alone in his office at night. The Egyptian empire had reigned for some 900 years before it was overtaken by the Assyrians. Then the Persians, the Romans, the Mongolians, the Turks—each civilization had its turn, and eventually collapsed in on itself. Maybe the falls were inevitable. But what struck Romney most about the map was how thoroughly it was dominated by tyrants of some kind—pharaohs, emperors, kaisers, kings. “A man gets some people around him and begins to oppress and dominate others,” he said the first time he showed me the map. “It’s a testosterone-related phenomenon, perhaps. I don’t know. But in the history of the world, that’s what happens.” America’s experiment in self-rule “is fighting against human nature.”
“This is a very fragile thing,” he told me. “Authoritarianism is like a gargoyle lurking over the cathedral, ready to pounce.”
For the first time in his life, he wasn’t sure if the cathedral would hold.
Optimism—quaint in retrospect, though perhaps delusional—is what first propelled Romney to the Senate. It was 2017. Trump was president, and the early months of his tenure had been a predictable disaster; the Republican Party was in trouble. Romney’s friends were encouraging him to get back in the game, and he was tempted by the open Senate seat in Utah, a state where Trump was uniquely unpopular among conservative voters. On his iPad, he typed out the pros and cons of running—high-minded sentiments about public service in one column, lifestyle considerations in the other. Then, at the top of the list, he wrote a line from Yeats that he couldn’t get out of his mind: “The best lack all conviction, while the worst / Are full of passionate intensity.”
To Romney, this was the problem with the Trump-era GOP. He believed there were still decent, well-intentioned leaders in his party—they were just nervous. They needed a nudge. A role model, perhaps. As the former nominee, he told me, he felt that he “had the potential to be an alternative voice for Republicans.”
Romney leaves the Trump National Golf Club after meeting with the president-elect, November 19, 2016. (Drew Angerer / Getty)
Five years earlier, while running for president, Romney had accepted Trump’s endorsement. At the time, he’d rationalized the decision—yes, Trump was a buffoon and a conspiracy theorist, but he was just a guy on reality TV, not a serious political figure. Romney now realized that he’d badly underestimated the potency of Trumpism. But in the summer of 2017, it still seemed possible that the president would be remembered as an outlier.
Two days before he was sworn in as a senator, Romney published an op-ed in The Washington Post designed to signal his independence from Trump. “On balance,” Romney wrote, the president “has not risen to the mantle of the office.” He pledged to work with him when they agreed on an issue, to oppose him when they didn’t, and to speak out when necessary. He thought of this as a new way to be a Republican senator in Trump’s Washington.
His colleagues were not impressed. A few days after Romney was sworn in, Politico ran a story about the “chilly reception” he was receiving from his fellow Republican senators. The story quoted several of them, on the record or anonymously, griping about his unwillingness to get along with the leader of their party. Romney emailed the story to his advisers, describing himself as “the turd in the punch bowl.” “These guys have got to justify their silence, at least to themselves.”
Romney had spent the weeks since his election typing out a list of all the things he wanted to accomplish in the Senate. By the time he took office, it contained 42 items and was still growing. The legislative to-do list ranged from complex systemic reforms—overhauling immigration, reducing the national deficit, addressing climate change—to narrower issues such as compensating college athletes and regulating the vaping industry. His staff was bemused when he showed it to them; even in less polarized, less chaotic times, the kind of ambitious agenda he had in mind would be unrealistic. But Romney was not deterred. He told his aides he wanted to set up meetings with all 99 of his colleagues in his first six months, and began studying a flip-book of senators’ pictures so that he could recognize his potential legislative partners.
In one early meeting, a colleague who’d been elected a few years earlier leveled with him: “There are about 20 senators here who do all the work, and there are about 80 who go along for the ride.” Romney saw himself as a workhorse, and was eager for others to see him that way too. “I wanted to make it clear: I want to do things,” he told me.
He quickly became frustrated, though, by how much of the Senate was built around posturing and theatrics. Legislators gave speeches to empty chambers and spent hours debating bills they all knew would never pass. They summoned experts to appear at committee hearings only to make them sit in silence while they blathered some more.
As the weeks passed, Romney became fascinated by the strange social ecosystem that governed the Senate. He spent his mornings in the Senate gym studying his colleagues like he was an anthropologist, jotting down his observations in his journal. Richard Burr walked on the treadmill in his suit pants and loafers; Sherrod Brown and Dick Durbin pedaled so slowly on their exercise bikes that Romney couldn’t help but peek at their resistance settings: “Durbin was set to 1 and Brown to 8. 🙂 :). My setting is 15—not that I’m bragging,” he recorded.
He joked to friends that the Senate was best understood as a “club for old men.” There were free meals, on-site barbers, and doctors within a hundred feet at all times. But there was an edge to the observation: The average age in the Senate was 63 years old. Several members, Romney included, were in their 70s or even 80s. And he sensed that many of his colleagues attached an enormous psychic currency to their position—that they would do almost anything to keep it. “Most of us have gone out and tried playing golf for a week, and it was like, ‘Okay, I’m gonna kill myself,’ ” he told me. Job preservation, in this context, became almost existential. Retirement was death. The men and women of the Senate might not need their government salary to survive, but they needed the stimulation, the sense of relevance, the power. One of his new colleagues told him that the first consideration when voting on any bill should be “Will this help me win reelection?” (The second and third considerations, the colleague continued, should be what effect it would have on his constituents and on his state.)
Perhaps Romney’s most surprising discovery upon entering the Senate was that his disgust with Trump was not unique among his Republican colleagues. “Almost without exception,” he told me, “they shared my view of the president.” In public, of course, they played their parts as Trump loyalists, often contorting themselves rhetorically to defend the president’s most indefensible behavior. But in private, they ridiculed his ignorance, rolled their eyes at his antics, and made incisive observations about his warped, toddlerlike psyche. Romney recalled one senior Republican senator frankly admitting, “He has none of the qualities you would want in a president, and all of the qualities you wouldn’t.”
This dissonance soon wore on Romney’s patience. Every time he publicly criticized Trump, it seemed, some Republican senator would smarmily sidle up to him in private and express solidarity. “I sure wish I could do what you do,” they’d say, or “Gosh, I wish I had the constituency you have,” and then they’d look at him expectantly, as if waiting for Romney to convey profound gratitude. This happened so often that he started keeping a tally; at one point, he told his staff that he’d had more than a dozen similar exchanges. He developed a go-to response for such occasions: “There are worse things than losing an election. Take it from somebody who knows.”
One afternoon in March 2019, Trump paid a visit to the Senate Republicans’ weekly caucus lunch. He was in a buoyant mood—two days earlier, the Justice Department had announced that the much-anticipated report from Special Counsel Robert Mueller failed to establish collusion between the Trump campaign and Russia during the 2016 election. As Romney later wrote in his journal, the president was met with a standing ovation fit for a conquering hero, and then launched into some rambling remarks. He talked about the so-called Russia hoax and relitigated the recent midterm elections and swung wildly from one tangent to another. He declared, somewhat implausibly, that the GOP would soon become “the party of health care.” The senators were respectful and attentive.
As soon as Trump left, Romney recalled, the Republican caucus burst into laughter.
Few of his colleagues surprised him more than Mitch McConnell. Before arriving in Washington, Romney had known the Senate majority leader mainly by reputation. With his low, cold mumble and inscrutable perma-frown, McConnell was viewed as a win-at-all-costs tactician who ruled his caucus with an iron fist. Observing him in action, though, Romney realized that McConnell rarely resorted to threats or coercion—he was primarily a deft manager of egos who excelled at telling each of his colleagues what they wanted to hear. This often left Romney guessing as to which version of McConnell was authentic—the one who did Trump’s bidding in public, or the one who excoriated him in their private conversations.
In the fall of 2019, Trump’s efforts to pressure Ukrainian President Volodymyr Zelensky into investigating the Biden family’s business dealings were revealed in the press. Romney called the scheme “wrong and appalling,” and Trump responded with a wrathful series of tweets that culminated with a call to #IMPEACHMITTROMNEY. A few weeks later, Romney read in the press that McConnell had privately urged Trump to stop attacking members of the Senate. Romney thanked McConnell for sticking up for him against Trump.
Romney’s Senate office (Yael Malka for The Atlantic)
“It wasn’t for you so much as for him,” McConnell replied. “He’s an idiot. He doesn’t think when he says things. How stupid do you have to be to not realize that you shouldn’t attack your jurors?
“You’re lucky,” McConnell continued. “You can say the things that we all think. You’re in a position to say things about him that we all agree with but can’t say.” (A spokesperson said that McConnell does not recall this conversation and that he was “fully aligned” with Trump during the impeachment trial.)
As House Democrats pursued their impeachment case against the president, Romney carefully studied his constitutional role in the imminent Senate trial. He read and reread Alexander Hamilton’s treatise on impeachment, “Federalist No. 65.” He pored over the work of constitutional scholars and reviewed historical definitions of “high crimes and misdemeanors.” His understanding was that once the House impeached a president, senators were called on to set aside their partisan passions and act as impartial jurors.
Meanwhile, among Romney’s Republican colleagues, rank cynicism reigned. They didn’t want to hear from witnesses; they didn’t want to learn new facts; they didn’t want to hold a trial at all. During an interview with CNN, Lindsey Graham frankly admitted that he was “not trying to pretend to be a fair juror here,” and predicted that the impeachment process would “die quickly” once it reached the Senate.
On December 11, 2019, McConnell summoned Romney to his office and pitched him on joining forces. He explained that several vulnerable members of their caucus were up for reelection, and that a prolonged, polarizing Senate trial would force them to take tough votes that risked alienating their constituents. McConnell wanted Romney to vote to end the trial as soon as the opening arguments were completed. McConnell didn’t bother defending Trump’s actions. Instead, he argued that protecting the GOP’s Senate majority was a matter of vital national importance. He predicted that Trump would lose reelection, and painted an apocalyptic picture of what would happen if Democrats took control of Congress: They’d turn Puerto Rico and D.C. into states, engineering a permanent Senate majority; they’d ram through left-wing legislation such as Medicare for All and the Green New Deal. Romney said he couldn’t make any promises about his vote. (McConnell declined to comment on this conversation.)
A week later, Republican senators met for their regular caucus lunch. Romney had come to dread these meetings. They had a certain high-school-cafeteria quality that made him feel ill at ease. “I mean, it’s a funny thing,” he told me. “You don’t want to be the only one sitting at the table and no one wants to sit with you.” He had always had plenty of friends growing up, but his religion often made him feel like he didn’t quite fit in. At Cranbrook prep school, in Michigan, he was the only Mormon on campus; at Stanford, he would go to bars with his friends and drink soda. Walking into those caucus lunches each week—deciding whom to sit with, and whether to speak up—Romney felt his differentness just as acutely as he had in his teens.
The meeting was being held shortly before Christmas break, and Romney hoped the caucus would get some guidance on what to expect from the trial. Instead, he was dismayed to learn that the featured guest was Vice President Mike Pence, who was there to talk through the White House’s defense strategy. “Stunning to me that he would be there,” Romney grumbled in his journal. “There is not even an attempt to show impartiality.” (Romney had long been put off by Pence’s pious brand of Trump sycophancy. No one, he told me, has been “more loyal, more willing to smile when he saw absurdities, more willing to ascribe God’s will to things that were ungodly than Mike Pence.”)
At the next meeting, McConnell told his colleagues they should understand that the upcoming trial was not really a trial at all. “This is a political process,” he said—and it was thus appropriate for them to behave like politicians. “If impeachment is a partisan political process, then it might as well be removed from the Constitution,” Romney recalled muttering to Ted Cruz and Mike Lee, who were seated near him. The senators politely ignored him.
Two articles of impeachment arrived at the Senate on January 15, 2020, and the trial began. Romney did his best to be a model juror—he took notes, parsed the arguments, and agonized each night in his journal over how he should vote. “Interestingly, sometimes I think I will be voting to convict, and sometimes I think I will vote to exonerate,” he wrote on January 23. “I jot down my reasons for each, but when I finish, I begin to consider the other side of the argument … I do the same thing—with less analysis of course—in bed. That’s probably why I’m not sleeping more than 4 or 5 hours.”
The other members of his caucus didn’t seem quite so burdened. They mumbled dismissive comments while the impeachment managers presented their case. He heard some of them literally cheer for Trump’s defense team. Maybe Romney was naive, but he couldn’t get over how irresponsible it all seemed. “How unlike a real jury is our caucus!” he wrote in his journal.
And yet, to at least some of his fellow Republicans, the case against Trump was compelling—even if they’d never say so in public. During a break in the proceedings, after the impeachment managers finished their presentation, Romney walked by McConnell. “They nailed him,” the Senate majority leader said.
Romney, taken aback by McConnell’s candor, responded carefully: “Well, the defense will say that Trump was just investigating corruption by the Bidens.”
“If you believe that,” McConnell replied, “I’ve got a bridge I can sell you.” (McConnell said he does not recall this conversation and it does not match his thinking at the time.)
By the time the defense wrapped up its arguments, on January 28, Romney was privately leaning toward acquittal. In his journal, he rationalized the vote—Trump hadn’t explicitly told Zelensky he would withhold military aid until an investigation was open—but he also admitted a self-interested motive. “I do not at all want to vote to convict,” he wrote. “The consequences of doing so are too painful to contemplate.”
When he informed his senior staff of his thinking the next morning, he detected a palpable sense of relief. Maybe their boss still had a future in Republican politics after all. Romney’s wife, though, seemed less elated by the news. Ann didn’t argue with him. She didn’t render any judgment at all. She just said she was “surprised.” Romney, who’d organized much of his life around winning and keeping Ann’s respect, couldn’t help but wonder if she meant something more.
On January 30, the senators were allowed to question lawyers on both sides of the impeachment case. Late in the day, a question submitted by Graham caught Romney’s attention: Even if Trump really had done exactly what the House accused him of, he asked, “isn’t it true that the allegations still would not rise to the level of an impeachable offense?” Trump’s lawyers concurred.
The answer stunned Romney. Until then, Trump’s defense had been that he wasn’t really trying to shake down a world leader for political favors by threatening to withhold military aid. Now, it seemed to Romney, Trump’s lawyers were effectively arguing that such a shakedown would have been fine. Allowing that argument to go unchallenged would set a dangerous precedent. When the Senate recessed, Romney returned to his office to go over the facts of the case again. The gravity of the moment was catching up to him. Finally, Romney knelt on the floor and prayed.
A few days earlier, Romney had paid a visit to Senator Joe Manchin’s houseboat, Almost Heaven—the West Virginian’s home in Washington. The impeachment trial had presented a serious political quandary for Manchin, a moderate Democrat whose state Trump had carried with 68 percent of the vote in 2016. While the voters there liked Manchin’s independence, they wouldn’t be happy if he voted to convict. After listening to Manchin describe his predicament, Romney offered his take: “We’re both 72. We should probably be thinking about oaths and legacy, not just reelection.”
Now it was time for Romney to follow his own advice. Writing in his journal, he once again laid out the facts of the case as he understood them. Hundreds of words, page after page, he wrote and wrote and wrote, until finally the truth was clear to him: Trump was guilty.
Romney slept fitfully that night, rising at 4 a.m. to review the case one more time. Still convinced of the president’s guilt, he opened up a laptop at his kitchen table and wrote the first draft of the speech he’d eventually give on the Senate floor.
After that, he made his way to the Russell Building, where he broke the news to his senior staff. Some were surprised but approving; others were distressed. One staffer simply put her head in her hands. She didn’t speak or look up again for the rest of the meeting.
Shortly before 2 p.m. on the day of the vote, Romney left his office and walked to the Capitol, where he waited in his hideaway for his turn to speak. Minutes before going on the floor, he received an unexpected call on his cellphone. It was Paul Ryan. Romney and his team had kept a tight lid on how he planned to vote, but somehow his former running mate had gotten word that he was about to detonate his political career. Romney had been less judgmental of Ryan’s acquiescence to Trump than he’d been of most other Republicans’. He believed Ryan was a sincere guy who’d simply misjudged Trump.
Yael Malka for The Atlantic
And yet, here was Ryan on the phone, making the same arguments Romney had heard from some of his more calculating colleagues. Ryan told him that voting to convict Trump would make Romney an outcast in the party, that many of the people who’d tried to get him elected president would never speak to him again, and that he’d struggle to pass any meaningful legislation. Ryan said that he respected Romney, and wanted to make absolutely sure he’d thought through the repercussions of his vote. Romney assured him that he had, and said goodbye.
He walked onto the Senate floor and read the remarks he’d written at his kitchen table. “As a Senator-juror,” Romney began, “I swore an oath before God to exercise impartial justice. I am profoundly religious. My faith is at the heart of who I am—” His voice broke, and he had to pause as emotion overwhelmed him. “I take an oath before God as enormously consequential.”
Romney acknowledged that his vote wouldn’t change the outcome of the trial—the Republican-led Senate would fall far short of the 67 votes needed to remove the president from office, and he would be the lone Republican to find Trump guilty. Even so, he said, “with my vote, I will tell my children and their children that I did my duty to the best of my ability, believing that my country expected it of me.”
He would never feel comfortable at a Republican caucus lunch again.
Early on the morning of January 6, 2021, Romney slid into the back of an SUV and began the short ride to his Senate office, with a Capitol Police car in tow. Ann had begged him not to return to Washington that day. She had a bad feeling about all of this. In the year since his impeachment vote, her husband had become a regular target of heckling and harassment from Trump supporters. They shouted “traitor” from car windows and confronted him in restaurants. Romney had tried to make light of her concern: “If I get shot, you can move on to a younger, more athletic husband.” A special police escort had been arranged for him that morning. But now, as he looked out the window at the streets of D.C., he found himself wondering about its utility. If somebody wants to shoot me, he thought, what good is it to have these guys in a car behind me?
He tried to go about his morning as usual, but he struggled to concentrate. Two miles away, at the White House Ellipse, thousands of angry people were gathering for a “Save America” rally.
The Senate chamber is a cloistered place, with no television monitors or electronic devices, and strict rules that keep outsiders off the floor. So when the Senate convened that afternoon to debate his colleagues’ objection to certifying the 2020 electoral votes, Romney didn’t know exactly what was happening outside. He didn’t know that the president had just directed his supporters to march down Pennsylvania Avenue—“We’re going to the Capitol!” He didn’t know that pipe bombs had been discovered outside both parties’ nearby headquarters. He didn’t know that Capitol Police were scrambling to evacuate the Library of Congress, or that rioters were crashing into police barricades outside the building, or that officers were beginning to realize they were outnumbered and wouldn’t be able to hold the line much longer.
At 2:08 p.m., Romney’s phone buzzed with a text message from his aide Chris Marroletti, who had been communicating with Capitol Police: “Protestors getting closer. High intensity out there.” He suggested that Romney might want to move to his hideaway.
Romney looked around the chamber. The hideaway was a few hundred yards and two flights of stairs away. He didn’t want to leave if he didn’t have to. He’d stay put, he decided, unless the protesters got inside the building.
A minute later, Romney’s phone buzzed again.
“They’re on the west front, overcame barriers.”
Adrenaline surging, Romney stood and made his way to the back of the chamber, where he pushed open the heavy bronze doors. He was expecting the usual crowd of reporters and staff aides, but nobody was there. A strange, unsettling quiet had engulfed the deserted corridor. He turned left and started down the hall toward his hideaway, when suddenly he saw a Capitol Police officer sprinting toward him at full speed.
“Go back in!” the officer boomed without breaking stride. “You’re safer inside the chamber.”
Romney turned around and started to run.
He got back in time to hear the gavel drop and see several men—Secret Service agents, presumably—rush into the chamber without explanation and pull the vice president out. Then, all at once, the room turned over to chaos: A man in a neon sash was bellowing from the middle of the Senate floor about a security breach. Officials were scampering around the room in a panic, slamming doors shut and barking at senators to move farther inside until they could be evacuated.
Something about the volatility of the moment caused Romney— a walking amalgam of prep-school manners and Mormon niceness and the practiced cool of the private-equity set—to lose his grip, and he finally vented the raw anger he had been trying to contain. He turned to Josh Hawley, who was huddled with some of his right-wing colleagues, and started to yell. Later, Romney would struggle to recall the exact wording of his rebuke. Sometimes he’d remember shouting “You’re the reason this is happening!” Other times, it would be something more terse: “You did this.” At least one reporter in the chamber would recount seeing the senator throw up his hands in a fit of fury as he roared, “This is what you’ve gotten, guys!” Whatever the words, the sentiment was clear: This violence, this crisis, this assault on democracy—this is your fault.
Soon, Romney was being rushed down a hallway with several of his colleagues. The mob was only one level below, so they couldn’t take the stairs; instead, the senators piled into elevators, 10 at a time, while the rest loitered anxiously in the hallway.
When they reached the basement, Romney asked a pair of police officers, “Where are we supposed to go?”
“The senators know,” one of the officers replied.
Marroletti, Romney’s aide, spoke up: “These are the senators. They don’t know. Where are we supposed to go?”
Romney was mystified by the ineptitude, but he knew the situation wasn’t the police’s fault. He thought about the text message he’d sent to McConnell a few days earlier explicitly warning of this scenario. How were they not ready for this? It was, in some ways, a perfect metaphor for his party’s timorous, shortsighted approach to the Trump era. As a boy, he’d read Idylls of the King with his mother; now he could understand the famous quote from Tennyson’s Guinevere as she witnesses the consequences of corruption in Arthur’s court: “This madness has come on us for our sins.”
Eventually the senators made it to a safe room. There were no chairs at first, so the shell-shocked legislators simply wandered around, murmuring variations of “I can’t believe this is happening.” When someone wheeled in a TV and turned on CNN, the senators got their first live look at the sacking of the Capitol. A sickened silence fell over the room as anger and outrage were replaced by dread. To Romney, the Senate chamber was a sacred place. Watching it transform into a playground for violent, costumed insurrectionists was almost too much to bear.
The National Guard finally dispersed the crowd and secured the Capitol. As the Senate prepared to reconvene late that night, Romney took solace in assuming that his most extreme colleagues now realized what their ruse had wrought, and would abandon their plan to object to the electors. Romney had written a speech a few days earlier condemning their procedural farce, but now he was thinking of tossing it. Surely the point was moot.
But to Romney’s astonishment, the architects of the plan still intended to move forward. When Hawley stood to deliver his speech, Romney was positioned just behind the Missourian’s right shoulder, allowing a C‑SPAN camera to capture his withering glare.
Romney glares at Missouri’s Josh Hawley as he addresses the Senate on January 6, 2021. (Senate Television / AP)
What bothered Romney most about Hawley and his cohort was the oily disingenuousness. “They know better!” he told me. “Josh Hawley is one of the smartest people in the Senate, if not the smartest, and Ted Cruz could give him a run for his money.” They were too smart, Romney believed, to actually think that Trump had won the 2020 election. Hawley and Cruz “were making a calculation,” Romney told me, “that put politics above the interests of liberal democracy and the Constitution.”
When it was Romney’s turn to speak, he wasted little time before laying into his colleagues. “What happened here today was an insurrection, incited by the president of the United States,” Romney said. “Those who choose to continue to support his dangerous gambit by objecting to the results of a legitimate, democratic election will forever be seen as being complicit in an unprecedented attack against our democracy.” His voice sharpened when he addressed the patronizing claim that objecting to the certification was a matter of showing respect for voters who believed the election had been stolen. It struck Romney that, for all their alleged populism, Hawley and his allies seemed to take a very dim view of their Republican constituents.
“The best way we can show respect for the voters who are upset is by telling them the truth!” Romney said, his voice rising to a shout.
Before sitting down, he posed a question to his fellow senators—a question that, whether he realized it or not, he’d been wrestling with himself for nearly his entire political career. “Do we weigh our own political fortunes more heavily than we weigh the strength of our republic, the strength of our democracy, and the cause of freedom? What is the weight of personal acclaim compared to the weight of conscience?”
For a blessed moment after January 6, it looked to Romney as if the fever in his party might finally be breaking. GOP leaders condemned the president and denounced the rioters. Trump, who was booted from Twitter and Facebook for fear that he might use the platforms to incite more violence, saw his approval rating plummet. New articles of impeachment were introduced, and McConnell’s office leaked to the press that he was considering a vote to convict. Federal law enforcement began sifting through hundreds of hours of amateur footage from January 6 to identify and arrest the people who had stormed the Capitol. Joe Biden was sworn in as the 46th president of the United States, and Trump—who skipped the inauguration—flew off to Florida, where he seemed destined for a descent into political irrelevance and legal trouble.
But the Republicans’ flirtation with repentance was short-lived. Within months, Fox News was offering a revisionist history of January 6 and recasting the rioters as martyrs and victims of a vengeful, overreaching Justice Department. The House Republican leader, Kevin McCarthy, who’d initially blamed Trump for the riot, paid a visit to Mar-a-Lago to mend his relationship with the ex-president.
Some of the reluctance to hold Trump accountable was a function of the same old perverse political incentives—elected Republicans feared a political backlash from their base. But after January 6, a new, more existential brand of cowardice had emerged. One Republican congressman confided to Romney that he wanted to vote for Trump’s second impeachment, but chose not to out of fear for his family’s safety. The congressman reasoned that Trump would be impeached by House Democrats with or without him—why put his wife and children at risk if it wouldn’t change the outcome? Later, during the Senate trial, Romney heard the same calculation while talking with a small group of Republican colleagues. When one senator, a member of leadership, said he was leaning toward voting to convict, the others urged him to reconsider. You can’t do that, Romney recalled someone saying. Think of your personal safety, said another. Think of your children. The senator eventually decided they were right.
As dismayed as Romney was by this line of thinking, he understood it. Most members of Congress don’t have security details. Their addresses are publicly available online. Romney himself had been shelling out $5,000 a day since the riot to cover private security for his family—an expense he knew most of his colleagues couldn’t afford.
By the time Democrats proposed a bipartisan commission to investigate the events of January 6, the GOP’s 180 was complete. Virtually every Republican in Congress came out in full-throated opposition to the idea. Romney, who’d been consulting with historians about how best to preserve the memory of the insurrection—he’d proposed leaving some of the damage to the Capitol unrepaired—was disappointed by his party’s posture, but he was no longer surprised. He had taken to quoting a favorite scene from Butch Cassidy and the Sundance Kid when he talked about his party’s whitewashing of the insurrection—twisting his face into an exaggerated expression before declaring, “Morons. I’ve got morons on my team!” To Romney, the revisionism of January 6 was almost worse than the attack itself.
In spring 2021, Romney was invited to speak at the Utah Republican Party convention, in West Valley City. Suspecting that some in the crowd might boo him, he came up with a little joke to defuse the tension. As soon as he went onstage, he’d ask the crowd of partisans, “What do you think of President Biden’s first 100 days?” When they booed in response, he’d say, “I hope you got that out of your system!”
But when Romney took the stage, he quickly realized that he’d underestimated the level of vitriol awaiting him. The heckling and booing were so loud and sustained that he could barely get a word out. As he labored to push through his prepared remarks, he became fixated on a red-faced woman in the front row who was furiously screaming at him while her child stood by her side. He paused his speech.
“Aren’t you embarrassed?” he couldn’t help but ask her from the stage.
Afterward, Romney tried to reframe it as a character-building experience—a moment in which he got to live up to his father’s example. When he was young, Mitt had watched an audience stacked with auto-union members vociferously boo his dad during a governor’s debate. George had been undeterred. “He was proud to stand for what he believed,” Romney told me. “If people aren’t angry at you, you really haven’t done anything in public life.”
But there was also something unsettling about the episode. As a former presidential candidate, he was well acquainted with heckling. Scruffy Occupy Wall Streeters had shouted down his stump speeches; gay-rights activists had “glitter bombed” him at rallies. But these were Utah Republicans—they were supposed to be his people. Model citizens, well-behaved Mormons, respectable patriots and pillars of the community, with kids and church callings and responsibilities at work. Many of them had probably been among his most enthusiastic supporters in 2012. Now they were acting like wild children. And if he was being honest with himself, there were moments up on that stage when he was afraid of them.
“There are deranged people among us,” he told me. And in Utah, “people carry guns.”
“It only takes one really disturbed person.”
He let the words hang in the air for a moment, declining to answer the question his confession begged: How long can a democracy last when its elected leaders live in fear of physical violence from their constituents?
In some ways, Romney settled most fully into his role as a senator once Trump was gone. He joined a bipartisan “gang” of lawmakers who actually seemed to enjoy legislating, and helped pass a few bills he was proud of.
He even tried to work productively within his caucus. Romney drew a distinction between the Republican colleagues he viewed as sincerely crazy and those who were faking it for votes. He was open, for instance, to partnering with Senator Ron Johnson of Wisconsin, the conspiracy-spouting, climate-change-denying, anti-vax Trump disciple, because while he could be exasperating—once, Romney told me, after listening to an extended lecture on Hunter Biden’s Ukrainian business dealings, he blurted, “Ron, is there any conspiracy you don’t believe?”—you could at least count on his good faith. What Romney couldn’t stomach any longer was associating himself with people who cynically stoked distrust in democracy for selfish political reasons. “I doubt I will work with Josh Hawley on anything,” he told me.
But as Romney surveyed the crop of Republicans running for Senate in 2022, it was clear that more Hawleys were on their way. Perhaps most disconcerting was J. D. Vance, the Republican candidate in Ohio. “I don’t know that I can disrespect someone more than J. D. Vance,” Romney told me. They’d first met years earlier, after he read Vance’s best-selling memoir, Hillbilly Elegy. Romney was so impressed with the book that he hosted the author at his annual Park City summit in 2018. Vance, who grew up in a poor, dysfunctional family in Appalachia and went on to graduate from Yale Law School, had seemed bright and thoughtful, with interesting ideas about how Republicans could court the white working class without indulging in toxic Trumpism. Then, in 2021, Vance decided he wanted to run for Senate, and reinvented his entire persona overnight. Suddenly, he was railing against the “childless left” and denouncing Indigenous Peoples’ Day as a “fake holiday” and accusing Joe Biden of manufacturing the opioid crisis “to punish people who didn’t vote for him.” The speed of the MAGA makeover was jarring.
“I do wonder, how do you make that decision?” Romney mused to me as Vance was degrading himself on the campaign trail that summer. “How can you go over a line so stark as that—and for what?” Romney wished he could grab Vance by the shoulders and scream: This is not worth it! “It’s not like you’re going to be famous and powerful because you became a United States senator. It’s like, really? You sell yourself so cheap?” The prospect of having Vance in the caucus made Romney uncomfortable. “How do you sit next to him at lunch?”
By the spring of 2023, Romney had made it known to his inner circle that he very likely wouldn’t run again. He’d been leaning this way for at least a year but had kept it to himself. There were practical reasons for the coyness: He didn’t want to start hemorrhaging staffers or descend into lame-duck irrelevance. But some close to Romney wondered if he was simply being stubborn. Several Utah Republicans were already lining up to run for his seat, and the talk in political circles was that he’d struggle to win another primary. Romney, who couldn’t stand the idea of being put out to pasture, insisted that stepping down was his call. “I’ve invested a lot of money already in my political fortunes,” he told me, “and if I needed to do so again to win the primary, I would.”
But he was now at an age when he had to ruthlessly guard his time. He still had books he wanted to write, still dreamed of teaching. He wanted to spend time with Ann while they were both healthy.
Yet even as he made up his mind to leave the Senate, he struggled to walk away from politics entirely. Trump was running again, after all. The crisis wasn’t over. For months, people in his orbit—most vocally, his son Josh—had been urging him to embark on one last run for president, this time as an independent. The goal wouldn’t be to win—Romney knew that was impossible—but to mount a kind of protest against the terrible options offered by the two-party system. He also wanted to ensure that someone onstage was effectively holding Trump to account. “I was afraid that Biden, in his advanced years, would be incapable of making the argument,” he told me.
Romney relished the idea of running a presidential campaign in which he simply said whatever he thought, without regard for the political consequences. “I must admit, I’d love being on the stage with Donald Trump … and just saying, ‘That’s stupid. Why are you saying that?’ ” He nursed a fantasy in which he devoted an entire debate to asking Trump to explain why, in the early weeks of the pandemic, he’d suggested that Americans inject bleach as a treatment for COVID-19. To Romney, this comment represented the apotheosis of the former president’s idiocy, and it still bothered him that the country had simply laughed at it and moved on. “Every time Donald Trump makes a strong argument, I’d say, ‘Remind me again about the Clorox,’ ” Romney told me. “Every now and then, I would cough and go, ‘Clorox.’ ”
Romney leaves the Senate chamber after a vote, May 4, 2023. (Kent Nishimura / Los Angeles Times / Getty)
Romney almost went through with it, this maximally disruptive, personally cathartic primal scream of a presidential campaign. But he abandoned it once he realized that he’d most likely end up siphoning off votes from the Democratic nominee and ensuring a Trump victory. So, in April, Romney pivoted to a new idea: He privately approached Joe Manchin about building a new political party. They’d talked about the prospect before, but it was always hypothetical. Now Romney wanted to make it real. His goal for the yet-unnamed party (working slogan: “Stop the stupid”) would be to promote the kind of centrist policies he’d worked on with Manchin in the Senate. Manchin was himself thinking of running for president as an independent, and Romney tried to convince him this was the better play. Instead of putting forward its own doomed candidate in 2024, Romney argued, their party should gather a contingent of like-minded donors and pledge support to the candidate who came closest to aligning with its agenda. “We’d say, ‘This party’s going to endorse whichever party’s nominee isn’t stupid,’ ” Romney told me.
He acknowledged that this plan wasn’t foolproof, that maybe he’d be talked out of it. The last time we spoke about it, he was still in the brainstorming stage. What he seemed to know for sure was that he no longer fit in his current party. Throughout our two years of interviews, I heard Romney muse repeatedly about leaving the GOP. He’d stayed long after he stopped feeling at home there—long after his five sons had left—because he felt a quixotic duty to save it. This meld of moral responsibility and personal hubris is, in some ways, Romney’s defining trait. When he’s feeling sentimental, he attributes the impulse to the “Romney obligation,” and talks about the deep commitment to public service he inherited from his father. When he’s in a more introspective mood, he talks about the surge of adrenaline he feels when he’s rushing toward a crisis.
But it was hard to dispute that the battle for the GOP’s soul had been lost. And Romney had his own soul to think about. He was all too familiar with the incentive structure in which the party’s leaders were operating. He knew what it would take to keep winning, the things he would have to rationalize.
“You say, ‘Okay, I better get closer to this line, or maybe step a little bit over it. If I don’t, it’s going to be much worse,’ ” he told me. You can always convince yourself that the other party, or the other candidate, is bad enough to justify your own decision to cross that line. “And the problem is that line just keeps on getting moved, and moved, and moved.”
This article was adapted from McKay Coppins’s book Romney: A Reckoning. It appears in the November 2023 print edition with the headline “What Mitt Romney Saw in the Senate.”
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No one wants to appear before a judge as a criminal defendant. But court is a particularly inhospitable place for Donald Trump, who conceptualizes the value of truth only in terms of whether it is convenient to him. His approach to the world is paradigmatic of what the late philosopher Harry Frankfurt defined as bullshit: Trump doesn’t merely obscure the truth through strategic lies, but rather speaks “without any regard for how things really are.” This is at odds with the nature of law, a system carefully designed to evaluate arguments on the basis of something other than because I say so. The bullshitter is fundamentally, as Frankfurt writes, “trying to get away with something”—while law establishes meaning and imposes consequence.
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The upcoming trials of Trump—in Manhattan; Atlanta; South Florida; and Washington, D.C.—will not be the first time he encounters this dynamic. His claims of 2020 election fraud floundered before judges, resulting in a series of almost unmitigated losses. In one ruling that censured and fined a team of Trump-aligned lawyers who had pursued spurious fraud allegations, a federal judge in Michigan made the point bluntly. “While there are many arenas—including print, television, and social media—where protestations, conjecture, and speculation may be advanced,” she wrote, “such expressions are neither permitted nor welcomed in a court of law.”
But only now is Trump himself appearing as a criminal defendant, stripped of the authority and protections of the presidency, before judges with the power to impose a prison sentence. The very first paragraph of the Georgia indictment marks this shift in power. Contrary to everything that Trump has tried so desperately to prove, the indictment asserts that “Trump lost the United States presidential election held on November 3, 2020”—and then actively sought to subvert it.
Although Trump loves to file lawsuits against those who have supposedly wronged him, the courtroom has never been his home turf. Records from depositions over the years show him to be sullen and impatient while under oath, like a middle schooler stuck in detention. Timothy L. O’Brien, a journalist whom Trump unsuccessfully sued for libel in 2006, recalled in Bloomberg that his lawyers forced Trump to acknowledge that he had lied over the years about a range of topics. Trump has seemed similarly ill at ease during his arraignments. When the magistrate judge presiding over his arraignment in the January 6 case asked whether he understood that the conditions of his release required that he commit no more crimes, he assented almost in a whisper.
All of this has been a cause for celebration among Trump’s opponents—because the charges against him are warranted and arguably overdue, but also for a different reason. The next year of American politics will be a twin drama unlike anything the nation has seen before, played out in the courtroom and on the campaign trail, often at the same time. Among Democrats, the potential interplay of these storylines has produced a profound hope: Judicial power, they anticipate, may scuttle Trump’s chances of retaking the presidency, and finally solve the political problem of Donald Trump once and for all.
It has become conventional wisdom that nothing can hurt Trump’s standing in the polls. But his legal jeopardy could, in fact, have political consequences. At least some proportion of Republicans and independents are already paying attention to Trump’s courtroom travails, and reassessing their prior beliefs. A recent report by the political-science collaborative Bright Line Watch found that, following the Mar-a-Lago classified-documents indictment in June, the number of voters in each group who believed that Trump had committed a crime in his handling of classified information jumped by 10 percentage points or more (to 25 and 46 percent, respectively).
And despite Trump’s effort to frame January 6 as an expression of mass discontent by the American people, the insurrection has never been popular: Extremist candidates who ran on a platform of election denial in the 2022 midterms performed remarkably poorly in swing states. Ongoing criminal proceedings that remind Americans again and again of Trump’s culpability for the insurrection—among his other alleged crimes—seem unlikely to boost his popularity with persuadable voters. If he appears diminished or uncertain in court, even the enthusiasm of the MAGA faithful might conceivably wane.
Above all of this looms the possibility of a conviction before Election Day, which has no doubt inspired many Democratic fantasies. If Trump is found guilty of any of the crimes of which he now stands accused, a recent poll shows, almost half of Republicans say they would not cast their vote for him.
But that outcome is only one possibility, and it does not appear to be the most likely.
Americans who oppose Trump—and, more to the point, who wish he would disappear as a political force—have repeatedly sought saviors in legal institutions. The early Trump years saw the lionization of Special Counsel Robert Mueller as a white knight and (bewilderingly) a sex symbol. Later, public affection turned toward the unassuming civil servants who testified against Trump during his first impeachment, projecting an old-school devotion to the truth that contrasted with Trump’s gleeful cynicism. Today, Mueller’s successors—particularly Special Counsel Jack Smith and Fulton County District Attorney Fani Willis, who is leading the Georgia prosecution—are the subjects of their own adoring memes and merchandise. One coffee mug available for purchase features Smith’s face and the text Somebody’s Gonna Get Jacked Up!
Perhaps this time will be different. With Trump out of office, Smith hasn’t been limited, as Mueller was, by the Justice Department’s internal guidance prohibiting the indictment of a sitting chief executive. Willis, a state prosecutor, operates outside the federal government’s constraints. And neither Bill Barr nor Republican senators can stand between Trump and a jury.
The indictments against Trump have unfolded in ascending order of moral and political importance. In April, the Manhattan district attorney, Alvin Bragg, announced charges for Trump’s alleged involvement in a hush-money scheme that began in advance of the 2016 election. In June came Smith’s indictment of Trump in Florida, over the ex-president’s hoarding of classified documents at Mar-a-Lago. Two months later, the special counsel unveiled charges against Trump for his attempts to overturn the 2020 election. Willis’s indictment in Georgia quickly followed, employing the state’s racketeering statute to allege a widespread scheme to subvert the vote in favor of Trump. (He has pleaded not guilty in the first three cases and, as of this writing, was awaiting arraignment in Georgia. The Trump campaign released a statement calling the latest indictment “bogus.”)
But each case has its own set of complexities. The New York one is weighed down by a puzzling backstory—of charges considered, not pursued, and finally taken up after all—that leaves Bragg’s office open to accusations of a politically motivated prosecution. The indictment in Florida seems relatively open-and-shut as a factual matter, but difficult to prosecute because it involves classified documents not meant to be widely shared, along with a jury pool that is relatively sympathetic to Trump and a judge who has already contorted the law in Trump’s favor. In the January 6 case, based in Washington, D.C., the sheer singularity of the insurrection means that the legal theories marshaled by the special counsel’s office are untested. The sweeping scope of the Georgia indictment—which involves 19 defendants and 41 criminal counts—may lead to practical headaches and delays as the case proceeds.
Trump’s army of lawyers will be ready to kick up dust and frustrate each prosecution. As of July, a political-action committee affiliated with Trump had spent about $40 million on legal fees to defend him and his allies. The strategy is clear: delay. Trump has promised to file a motion to move the January 6 proceedings out of Washington, worked regularly to stretch out ordinary deadlines in that case, and tried (unsuccessfully) to move the New York case from state to federal court. The longer Trump can draw out the proceedings, the more likely he is to make it through the Republican primaries and the general election without being dragged down by a conviction. At that point, a victorious Trump could simply wait until his inauguration, then demand that the Justice Department scrap the federal cases against him. Even if a conviction happens before Americans go to the polls, Trump is almost certain to appeal, hoping to strand any verdict in purgatory as voters decide whom to support.
Currently, the court schedule is set to coincide with the 2024 Republican primaries. The Manhattan trial, for now, is scheduled to begin in March. In the Mar-a-Lago case, Judge Aileen Cannon has set a May trial date—though the proceedings will likely be pushed back. In the January 6 case, Smith has asked for a lightning-fast trial date just after New Year’s; in Georgia, Willis has requested a trial date in early March. But still, what little time is left before next November is rapidly slipping away. In all likelihood, voters will have to decide how to cast their ballot before the trials conclude.
The pileup of four trials in multiple jurisdictions would be chaotic even if the defendant were not a skillful demagogue running for president. There’s no formal process through which judges and prosecutors can coordinate parallel trials, and that confusion could lead to scheduling mishaps and dueling prosecutorial strategies that risk undercutting one another. For instance, if a witness is granted immunity to testify against Trump in one case, then charged by a different prosecutor in another, their testimony in the first case might be used against them in the second, and so they might be reluctant to talk.
In each of the jurisdictions, defendants are generally required to sit in court during trial, though judges might make exceptions. This entirely ordinary restriction will, to some, look politically motivated if Trump is not allowed to skip out for campaign rallies, though conversely, Trump’s absence might not sit well with jurors who themselves may wish to be elsewhere. All in all, it may be hard to shake the appearance of a traveling legal circus.
Attacking the people responsible for holding him to account is one of Trump’s specialties. Throughout the course of their respective investigations, Trump has smeared Bragg (who is Black) as an “animal,” Willis (who is also Black) as “racist,” and Smith as “deranged.” Just days after the January 6 case was assigned to Judge Tanya Chutkan, Trump was already complaining on his social-media site, Truth Social, that “THERE IS NO WAY I CAN GET A FAIR TRIAL” with Chutkan presiding (in the January 6 cases she has handled, she has evinced little sympathy for the rioters). Anything that goes wrong for Trump during the proceedings seems destined to be the subject of a late-night Truth Social post or a wrathful digression from the rally stage.
However damning the cases against Trump, they will matter to voters only if they hear accurate accounts of them from a trusted news source. Following each of Trump’s indictments to date, Fox News has run segment after segment on his persecution. A New York Times /Siena College poll released in July, after the first two indictments, found that zero percent of Trump’s loyal MAGA base—about 37 percent of Republicans—believes he committed serious federal crimes.
And beyond the MAGA core? A recent CBS News poll showed that 59 percent of Americans and 83 percent of self-described non-MAGA Republicans believe the investigations and indictments against Trump are, at least in part, attempts to stop him politically. Trump and his surrogates will take every opportunity to stoke that belief, and the effect of those efforts must be balanced against the hits Trump will take from being on trial. Recent poll numbers show Trump running very close to President Joe Biden even after multiple indictments—a fairly astonishing achievement for someone who is credibly accused of attempting a coup against the government that he’s now campaigning to lead.
The law can do a great deal. But the justice system is only one institution of many, and it can’t be fully separated from the broader ecosystem of cultural and political pathologies that brought the country to this situation in the first place.
After Robert Mueller chose not to press for an indictment of Trump on obstruction charges, because of Justice Department guidance on presidential immunity, the liberal and center-right commentariat soured on the special counsel, declaring him to have failed. If some Americans now expect Fani Willis or Jack Smith to disappear the problem of Donald Trump—and the authoritarian movement he leads—they will very likely be disappointed once again. Which wouldn’t matter so much if serial disappointment in legal institutions—he just keeps getting away with it—didn’t encourage despair, cynicism, and nihilism. These are exactly the sentiments that autocrats hope to engender. They would be particularly dangerous attitudes during a second Trump term, when public outrage will be needed to galvanize civil servants to resist abuses of power—and they must be resisted.
Trump’s trials are perhaps best seen as one part of a much larger legal landscape. The Justice Department’s prosecutions of rioters who attacked the Capitol on January 6 seem to have held extremist groups back from attempting other riots or acts of mass intimidation, even though Trump has called for protests as his indictments have rained down. Michigan Attorney General Dana Nessel recently announced criminal charges alleging that more than a dozen Republicans acted as “fake electors” in an effort to steal the 2020 election for Trump—and as a result, would-be accomplices in Trump’s further plots may be less inclined to risk their own freedom to help the candidate out. Likewise, some of those lawyers who worked to overturn the 2020 vote have now been indicted in Georgia and face potential disbarment—which could cause other attorneys to hold back from future schemes.
This is a vision of accountability as deterrence, achieved piece by piece. Even if Trump wins a second term, these efforts will complicate his drive for absolute authority. And no matter the political fallout, the criminal prosecutions of Trump are themselves inherently valuable. When Trump’s opponents declare that “no one is above the law,” they’re asserting a bedrock principle of American society, and the very act of doing so helps keep that principle alive.
None of this settles what may happen on Election Day, of course, or in the days that follow. But nor would a conviction. If a majority of voters in a handful of swing states decide they want to elect a president convicted of serious state and federal crimes, the courts can’t prevent them from doing so.
Such a result would lead to perhaps the most exaggerated disjunction yet between American law and politics: the matter of what to do with a felonious chief executive. If federal charges are the problem, Trump seems certain to try to grant himself a pardon—a move that would raise constitutional questions left unsettled since Watergate. In the case of state-level conviction, though, President Trump would have no such power. Could it be that he might end up serving his second term from a Georgia prison?
The question isn’t absurd, and yet there’s no obvious answer to how that would work in practice. The best way of dealing with such a problem is as maddeningly, impossibly straightforward as it always has been: Don’t elect this man in the first place.
This article appears in the October 2023 print edition with the headline “Trump on Trial.” When you buy a book using a link on this page, we receive a commission. Thank you for supporting The Atlantic.
“Let’s travel now to moonlit valleys blanketed with heather,” Harry Styles says to me. The pop star’s voice—just shy of songful, velvet-dry—makes it seem as if we’re at a sleepaway camp for lonely grown-ups, where he is my fetching counselor, and now it’s time for lights out.
Styles’s iambic beckoning lies within a “sleep story” in the mindfulness app Calm. Like many of its competitors, Calm has become a catchall destination for emotional well-being. In recent years, I’ve cycled through several of these platforms. Using them turns the amorphous, slightly unaccountable act of meditation into something I can accomplish, and cross off the list. That’s the forte of the modern mobile app, after all: easing the completion of a discrete task. Send an email, watch a show, order Kleenex, run at a moderate pace for 30 minutes, doomscroll yourself to sleep. There’s an app for it, and you’ll know when you’re done.
The most popular mindfulness apps have roots in this model, outcome-oriented and timebound. Traditional meditation disciplines can be open-ended, fuzzy, and noncommittal in their benefits, which might take months or years to accrue. Plus, they are disciplines, anchored in study and practice and receiving instruction, and, quite often, traversing periods of frustration. Calm, Headspace, Insight Timer, and Ten Percent Happier all offer neat repackagings of the underlying product. Don’t have half an hour to sit around in witness of your inner being’s birthright quietude? No problem: Here’s a three-minute guided option for the bus. Maybe you’re going through a bout of insomnia and heard that a mindfulness practice could help? To put you to bed, here’s a spoken lullaby from Matthew McConaughey.
There is obvious good in this—in anything that dials down the temperature, that provides some relief from the ever-present human thrum of animus and danger. Headspace—the thing, not the brand—is something 100 percent of us could use more of. And these have been popular years for Big Mindful. In 2022, Calm reportedly had 4 million paid subscribers. In 2021, Headspace merged into a health-care endeavor backed by Blackstone that was valued in the billions. Fox is expanding the Ten Percent Happier franchise into a TV show—a comedy. Peace of mind is a business opportunity.
But what are the apps selling, really? Mindfulness—let’s define that tersely as the ability to be present in your sensations without judgment—is an aim compatible with a range of lifestyles and beliefs. It’s so compatible as to invite blanket application: mindful eating, mindful meetings, mindful sleeping, mindful fights. Stripping some of the negative charge from life’s tediums and hardships can benefit anybody. But the mindfulness platforms have taken each of these use cases as a jumping-off point for another tile on the screen, another video or podcast, another claim on your gaze. And here, mindfulness seems to blur into something bigger and so different as to verge on its opposite: mindfulishness.
The first time I quit Headspace was because of an ad—for Headspace—on the subway. I don’t remember exactly what it said, but it was akin in spirit and tone to “I meditate to crush it,” part of the company’s 2016 growth campaign. This frontally transactional framing so reviled me—and so differed from my experience, which is that meditation doesn’t mimic the reliability of a Toyota—that I canceled my subscription on the spot.
By coincidence, I’d recently started to frequent a place where phones weren’t even allowed: a yoga studio. I’m 6 foot 3, with hamstrings that could wire a tennis racket, and restless down to my organelles. But a cycling crash had sent me to physical therapy, which sowed the first seeds of flexibility and balance, along with just enough patience to make it through a simple restorative-yoga class. In the early days, I was treading a sea of thoughts and anxieties, my attention on everything but my breath and the poses. As the practice became less foreign to my body, and helped me release deeply buried tensions, I would leave with an unprecedented sense of stillness. This was more than a five- or 10-minute retreat from the buzz of life, and—even as I got into more vigorous classes—it was more than a workout: It was a complex orchestration, the body marshaling itself in support of the mind’s deliberate, repetitive self-grounding.
If only there were always an hour for yoga. In a frenetic job leading the news desk at The New York Times, during and after the 2016 presidential race, I missed the hand’s-reach lull of Headspace—particularly the bright, lilting vibe and voice of its co-founder and front man, Andy Puddicombe, a former Buddhist monk. There’s something primally calming about a few minutes with a pleasantly timbred human, confident and chill, and Puddicombe is as adept a meditation teacher and guide as I’ve encountered. So I signed up again, and off I’d go mid-morning to a borrowed glass-door office.
Still, I found myself more and more inclined to fidget with my phone, instead of meditate, as Puddicombe spoke. On some days, I would finish my meditation without even a single moment of interior quiet. This is a problem easily enough solved, I know: Just turn up the volume and put the phone across the room. But anyone who has ever had an hour slip away to texts knows that it’s not that simple. Your phone can be anything—including a grenade, its target the cohesion and integrity of your thoughts. For almost anyone who owns one, a smartphone is not only the most omnipresent distraction from a mindfulness practice; it’s also most likely a principal vector for much of the stuff that unfocuses, stresses, addicts, enrages, or dismays you. Just having your phone in the room—it can be in your pocket, turned off—has been found to meaningfully diminish cognitive capacity. Using it to meditate, I started to realize, is like learning you have high cholesterol and signing up for a subscription to bacon.
The most productive move for any mindfulness app would be to engineer ways for you to spend as little time interacting with your phone as possible, as you focus on centering your awareness. But most of the big meditation apps have something less obvious in common than their nominal purpose: They’re subscription-driven content machines whose existence depends on you consuming the content. Open one up and you’re likely to see a whole day of programming laid out for you. In Headspace, for example, you can start with a few deep, animation-assisted breaths, then watch a moody video about an in-the-zone English bookbinder, before you even get to the day’s main meditation, with a choice of two English-language guides or a German one. When the 3 o’clock doldrums hit, slide into “Your Afternoon Lift,” a video of nature scenes: whales frolicking, jellyfish jellying. And nod off later to a sleepcast, or switch apps and return to Harry Styles’s moonlit valleys.
I spoke with representatives of Calm and Headspace for this story, and both emphasized to me the ways their apps could be used without actively looking at a screen. They also defended the value of the access that phones provide: meditation anywhere, anytime, for people who might otherwise lack exposure to mindfulness techniques. Under this view, the omnipresence of phones is a blessing. “We would have folks who would download the app in the parking lot of the hospital while their mom is in surgery to have this kind of anchor point of support,” Cal Thompson, who runs design at Headspace, told me. “Some people have great friends they can call, some people have a great teacher on speed dial, but really, not everyone can have that.” As Thompson spoke, I thought of those days back at the Times, when a few minutes with Andy Puddicombe were the only port in a storm.
Thompson didn’t buy my argument about phones being too much of an intrinsic distraction. “I think that’s the dynamic that a lot of us have created with our phones, that we’ve set it up in such a way where it can consume our attention,” Thompson, who uses they/them pronouns, said. “And what we actually need to own and change is that behavior.” Attaching mindfulness practices to more parts of our day, they contended, helps us “get more clear about what we are doing in our lives and make more mindful choices. And then, from that place, it makes it a lot easier for us to use or not use our phones.”
This way of looking at things resonated with me, to a degree, as I listened back to my recording of our conversation. Then it took me three tries to transcribe Thompson’s quote. First my boyfriend texted me about the grocery list. Then someone needed my Venmo name to sell me some tickets. Then I looked up and realized I was in the kitchen for another round of peanut-butter pretzels. I might be generalizing too much based on my own attentional inadequacy, but lots of people I know use their phone more than they want to. If it’s not a universal affliction, it’s common. In my own case, meditating has not solved that problem, but moving meditation away from my phone has made it more of a refuge.
The word mindfulness is an accurate label insofar as it describes paying attention to the content of our mind. But it misleads, as I found in yoga, in its omission of our body. The path to thinking and feeling from hormones and nerves is in some sense linear, often traceable. And the physical state of the organism—pained, eager, bracing, soft—tracks with the text and nature of our thoughts. A professor of mine once referred to bodies as “brain buckets,” an image that anyone who’s gone through the physical deprivations of finals week can relate to. Most phone apps have their business with the brain, not the bucket. But my professor was joking: Everything we are comes from the whole big blob.
A phone is not a villain, just a vessel. But with some narrow exceptions, where movement is the point, it does tend to exert on us a kind of physical binding, an arrest of motion and focus. Some of the apps I’ve mentioned include a daily yoga video or cues for a mindful run, but these serve a double purpose, roping our assertions of embodiment back into the hungry domain of the screen. Do you know what else is on that screen? Instagram. The effect of a mindfulness app, as with any other kind, is to keep you in the place you already spend much of your time. It’s a motionless place, and, not by coincidence, also a bit mindless.
The pandemic initiated a slew of transformations, and though many have not stuck, one indisputably has: Telehealth is booming in America. This golden age of electronic engagement has one massive benefit—doctors are more accessible than ever. Unfortunately, this virtue is also proving to be telehealth’s biggest problem. For patients, being able to reach their doctors by video visit, phone call, or email is incredibly convenient, but physicians have been overwhelmed by the constant communication. This cost is now being shifted back to the patients, and almost every interaction with a doctor, no matter how casual, counts as some form of “visit” now.
At the start of the pandemic, telehealth was lauded as the beginningofarevolutioninmedicine. Patients quickly became adept at using online portals to reach their doctors, frequently writing to them with quick questions or concerns in between visits. But when in-person visits largely resumed, this higher volume of online messaging did not go away. In fact, it did not even seem to decrease. And though a video appointment and office visit might be interchangeable in a doctor’s daily schedule, busy physicians found themselves with little time to respond to those smaller communications.
To stay above water, some doctors and health systems have started charging for many of their responses. These in-between interactions, once considered a standard part of care, are being reframed as separate services, many of which warrant additional charges. Having an informal relationship with your doctor is now just fiction: You get the care that you pay for.
When Jed Jacobsohn got COVID for the first time in May, he began gathering information. How long should he quarantine for? How could his two young children stay healthy? He decided to give his doctor a quick call, and after five minutes, he hung up satisfied, he told me. Next thing he knew, he had a $180 bill. His satisfaction evaporated.
For a patient, five minutes is fleeting; for a doctor, five minutes on the phone generates a chunk of associated work, including reviewing the patient’s chart, updating notes, and putting in orders for medications, tests, or referrals. Most doctors work for health systems that use “relative value units” to calculate how they get compensated. “You can think of them like productivity points,” A Jay Holmgren, an assistant professor at UC San Francisco who researches asynchronous messaging, told me. In order to get paid, doctors must get a certain amount of work done. Since March 2020, billing for both synchronous telehealth (that is, video visits) and asynchronous telehealth (emails and other online messages) has been allowed for the majority of providers, Holmgren told me. One explanation for billing for messages is that health systems were recognizing the time spent responding as work and ensuring that physicians could answer queries without working outside of their hours, reducing their patient load, or taking a pay cut. For those who work in private practice, billing for messaging can function as self-accountability. When Reed Wilson, a doctor in internal medicine and cardiology, used to run a private practice, he rarely had time left by the end of his long workdays to answer or respond to calls or online messages. He worried that they would get pushed aside. “That’s why I had the administrative fee,” Wilson told me. “I was providing a service.” Of course, both health systems and private practices are also businesses, which benefit from new revenue streams
Being billed painfully large amounts of money for seemingly small increments of health care is nothing new. So why does the idea of a $180 bill for a phone call hit so hard? Part of the resistance can be attributed to the distinction between cost and value, Jeremy Greene, a doctor and researcher at Johns Hopkins who also wrote a book on telemedicine, told me. Jacobsohn, for instance, had really only phoned his physician to be responsible and avoid using Twitter or Google as his only source of information. Telehealth can certainly be a good substitute for an in-person visit, but if a quick phone call with a doctor simply affirms what a patient already knows, paying the bill might feel like a waste of money—especially if the patients themselves are coughing up the cash.
Although Jacobsohn paid a particularly high amount because of his insurance plan, even if an insurance company is footing the bill, being charged might still rankle. Calling your doctor or emailing them has long been part of standard care; paying for it is new. The disconnect between patients’ past expectations and new reality comes down to the hidden costs of care. At the same time, though a five-minute phone call is more work for a doctor than many patients realize, it can also feel less fulfilling than another type of visit. For some, feeling truly seen by their doctor requires actually seeing their doctor (whether that’s in person or on a video call).
Patients do value different types of interactions with doctors differently. Burt Rosen, a patient advocate who is dealing with two different types of cancer, puts it this way: “If I were scaling this emotionally, I would say in-person visits should be the most expensive, video should be below it, and then calls should be below that.” If each of these services takes the same amount of time, by a certain logic, they should have the same charge; but for most people it doesn’t quite measure out that way. “If a televisit is not good enough but then costs as much as an in-person visit, then we’re effectively creating a substandard mode of care,” Greene said. This doesn’t mean that telehealth itself is subpar, but rather that paying for an unsatisfying telehealth visit might register more strongly than paying for a disappointing in-person one. Even the purported convenience of telehealth might not be quite the panacea it once seemed: Zoe Steinberg, a medical illustrator who is disabled and deals with many doctor appointments as a result, told me that she generally appreciates telehealth, but finds it frustrating to have to make what counts as an entire doctor appointment for a quick query that any health-care provider—not just a doctor—could answer. “I’ve definitely had days where I was just pulling my hair out because of little issues with telehealth that I’m having,” she said.
Ultimately, these bills for all encounters with a doctor are a more honest representation of how medicine works now than one in which a friendly doctor can field questions as a complimentary service. The field has long been shifting toward corporatization, and away from the more genteel norms once associated with care. This latest trend is edging out one of the remaining areas that had not been made fully transactional. Yes, being a doctor means cultivating meaningful, intimate relationships with patients. But, like so many other jobs, being a doctor is becoming more and more standardized.