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  • The Fallout of Trump’s Colorado Victory

    The Fallout of Trump’s Colorado Victory

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    At about 10 a.m. on Monday, the eve of Super Tuesday, the Supreme Court released its unanimous decision that former President Donald Trump was eligible to appear on the 2024 Colorado election ballot. Shortly after this news broke, Jena Griswold, Colorado’s secretary of state, posted on social media that she was “disappointed” in the Court’s ruling, and that, in her view, the justices were stripping states of their authority to enforce the Fourteenth Amendment of the Constitution. Sitting in her downtown-Denver office yesterday afternoon, Griswold showed me some of the DMs she’d received over the previous 24 hours. “Well, one of the things—you probably don’t want to print this—is I’m being called a cunt every two minutes,” she said.

    Griswold read a selection of the messages out loud—a mixture of angst, anger, sadness, and resolve in her voice. “Karma will be a bitch … Build gas chambers … We are on to you … Reap what you sow … Hope you choke and die … Fuck you, ogre bitch … I’m coming … Resign now before I get you … Kill yourself in the name of democracy … Set yourself on fire ...”

    Her eyes wide and intense, she was the image of a person on high alert: Strangers had been able to get ahold of her personal cellphone number. Messages of this nature had been coming in for a while. In one saved voicemail from her office line that she played for me, a caller told Griswold that he hopes “some fucking immigrant from fucking Iran cuts her kids’ heads off” and “somebody shoots her in the head.” His monologue lasted more than a minute and a half and concluded with a warning: “I’ll be seeing you soon.”

    Griswold is in the last two years of her second and final term (her position is term-limited). Secretary of state is the first public office she ever sought, and she refused to say whether she’d run for a different position in 2026. Griswold, who was a relatively unknown Democrat in a purple state, was elected when she was just 33. She has been outspoken in her belief that Trump is a danger to democracy, but her job, by design, has a certain neutrality to it. At least, it once did.

    Although statewide elected officials have always faced harsh public criticism and intense scrutiny, the vile tenor of the Trump era has changed the reality of the role. Yesterday, Griswold said that the Supreme Court ruling, while technically the “conclusion” of the Trump Colorado-ballot affair, will likely not mark the end of the threats and harassment she’s facing. If anything, the Court’s decision bolstered the notion that Trump is above the law, and may have even emboldened his cultlike supporters to continue to act out. Last night, Trump vanquished his final Republican challenger, former United Nations Ambassador Nikki Haley, in all but one of the Super Tuesday states. Haley dropped out of the race this morning, clearing the path for Trump altogether.

    Trumpism isn’t going anywhere. And calling Trump a threat to democracy, or expressing her displeasure with the Supreme Court ruling, may well open Griswold up to more vitriol. Like other state-level bureaucrats, she has had to figure out in real time how to respond to the threat of Trump and his extremist followers.

    “Those who do not speak up when they’re in positions of power become complicit,” she said. “Those who do speak up do not automatically become partisan. And I think that’s an argument from the far right: that speaking out for democracy is in some way partisan.”

    As Super Tuesday kicked off, Griswold met me at a ballot-processing center in Jefferson County, a blue suburban and rural area about half an hour west of Denver. Wearing an Apple Watch and blue blazer, she was trailed by aides and one security official as she walked through the front door. Her focus, at least in that moment, was to show me how safe and secure she believed Colorado’s elections had grown under her watch—even if she, herself, was now more at risk.

    Griswold told me that a local news outlet, The Colorado Sun, had recently conducted a poll and that, in the category of “trust,” those who “administer elections and count ballots in Colorado” outperformed every other civic category. She also said that, as of the last processing, an overwhelming majority of voters, no matter their party, had used a mail-in or drop-box ballot. Nevertheless, a common MAGA-world talking point is that anything other than old-school, same-day, in-person voting is tantamount to voter fraud. In Jefferson County, between 95 and 98 percent of all voters, regardless of party affiliation, opt to use ballot drop boxes or to vote by mail in lieu of using traditional voting machines at polling stations.

    I rode the elevator with Griswold’s group and the Jefferson County clerk down to the basement of the facility for a look at the various ballot-processing procedures. We wandered long concrete hallways and toured several windowless rooms that required key-card entry: the ballot-casting room, the signature-verification room. In one area, ballots zipped through a massive machine that workers had nicknamed “HAL.” The basement was filled with election judges wearing colored lanyards denoting their political affiliation and mingling pleasantly with one another. Many of these short-term contractors are older, retired people—Griswold shook their hands and thanked them. Wherever we went, individuals stopped to take notice of the roving entourage, though it was unclear how many recognized her.

    In Colorado, as in other states, ballot-counting and all related procedures are carried out by a politically diverse pool of workers. But back in 2020, Griswold told me, certain conservative election judges in the state underwent “alternative training” by Republican-aligned groups for their roles and improperly rejected “huge amounts” of legitimate ballots. In another recent scandal, former Mesa County Clerk Tina Peters was hit with 10 charges on allegations related to a voting-systems breach. Peters maintains that she was looking for evidence of voter fraud or manipulation in the machines, which were built by Dominion Voting Systems, the same company at the center of last year’s historic Fox News settlement. (Some of the threats Griswold receives invoke Peters’s name as if she were a martyr.)

    Early this morning, Griswold’s spokesperson told me that yesterday’s Super Tuesday primary went “very smoothly” and that “no major problems were reported.” What chaos might have happened had the Court ruled the other way? Would two sets of ballots have been floating around out there, like alternative Super Bowl–victory T-shirts for both teams? Griswold told me that, in the unlikely event that the Court deemed Trump ineligible, all the votes cast for him would have simply been “rejected.” She compared this outcome to that of other erstwhile Republican candidates, such as Vivek Ramaswamy, who is no longer in the race but whose name is still on the Colorado ballot because her office didn’t receive his paperwork to formally remove it. Of course, had Trump’s more than half-a-million Colorado primary votes been “rejected,” even by law, something akin to another January 6 might have taken place. Griswold acknowledged this.

    “We unfortunately contingency-plan for a lot of things,” she said, “including, by the way, in 2020. Everything that Trump was threatening—sending federal law enforcement to polling locations, pulling out the voting equipment, federalizing the National Guard—I took every single thing he said very seriously.”

    Griswold grew up in tiny, unincorporated Drake, Colorado, not far from Rocky Mountain National Park. In what sounded a bit like a phrase she’s often repeated, Griswold told me that she lived “in a cabin, with an outhouse outside, on food stamps.” She is the first member of her family to go to a four-year college. She eventually went on to law school at the University of Pennsylvania, and has more than $200,000 left in student debt. Still, as with everything about her personal experience she shared, she was wary of being perceived as weak, or helpless, or unduly complaining.

    “I think the amount of threats and harassment coming in, if you were to internalize all of that—would be very hard to do this job,” she said. “I don’t want you to take away from this that I’m super sad and everything’s going bad.” She told me that the harassment campaign had, in a way, been galvanizing. “It’s very motivating to try to stop those guys.”

    The threats began to trickle in after Trump’s defeat in the 2020 election. But they accelerated last September, when Griswold found herself as a co-defendant in the lawsuit alleging that Trump’s seditious actions in the final weeks of his presidency prevented him from holding office ever again.

    In the months since then, Griswold has received thousands of gruesome messages and threats—she showed me a white binder of documentation nearly two inches thick. She receives intermittent physical protection from the Colorado state patrol but, much to her consternation, does not have 24/7 government-funded security. (In lieu of a round-the-clock state-patrol detail, Griswold occasionally carries out her job with private security in tow, which she pays for out of her department’s budget.) As with former Vice President Mike Pence, people at rallies have called for her hanging. A man in the Midwest called her office warning, In the name of Jesus Christ, the angel of death is coming to get you. “They didn’t know who he was; they just knew the phone he called from,” she said. “And then that phone started to move. The guy drove into Colorado. So, that was really unnerving.”

    Griswold told me she believes that certain people, including Donald Trump and Colorado Representative Lauren Boebert, “opened up these floodgates.” But the problem is much more insidious, she said. “It’s every single Republican election-denier in Congress. It’s every single moderate Republican who refuses to stand up to Donald Trump or to call out the conspiracies or political violence.”

    Late yesterday afternoon, back in her office, I asked Griswold if she had spoken about her situation with Brad Raffensperger, the Georgia secretary of state who in 2020 drew Trump’s wrath and likewise received threats.

    Raffensperger, Griswold said, had indeed “opened the door about his experiences” in a private conversation with her that she wouldn’t divulge on the record. “Not many people live under a constant threat environment, including not many secretaries of state,” she said. “It’s not all secretaries of state continually going through this. And so there’s not a lot of people who can relate to what it is to live like this.”

    She told me that she believed the threats against her weren’t being taken seriously enough by certain government officials, perhaps because of her gender.

    “I’m not telling you I don’t get upset,” she said. “I don’t think I’m avoiding it. I think I’m not allowing it to debilitate me, and that’s a big difference.”

    Noah Bookbinder, the president of Citizens for Responsibility and Ethics in Washington, which represented the Colorado plaintiffs in the Fourteenth Amendment case, told me that, even in defeat, he believed that this suit had proved Trump engaged in insurrection. The six Coloradans at the center of the matter, Bookbinder added, were not extreme liberals or “Washington people,” and offered that they had “risked a lot putting themselves forward” in challenging Trump. “These were people who were active in Republican communities and really had some resistance from people they know. And they put a lot on the line to do what they thought was the right thing for the country,” he said. Heroes, in other words.

    Griswold’s place in this chapter of electoral history might be less clear. I asked her how she squares her anti-Trump posture with the need to remain neutral as an election official. “I think that, No. 1, standing up for democracy is not partisan,” she said. Nor, for that matter, is standing up against those who attack our democracy, she added, “even if they’re a front-runner for the Republican Party, and even if they’re president of the United States.”

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    John Hendrickson

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  • What Does the Philadelphia D.A. Do Now?

    What Does the Philadelphia D.A. Do Now?

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    Larry Krasner has been at the forefront of the progressive-prosecutor movement since becoming Philadelphia’s district attorney in 2017. Which means that he has also been at the center of an unending storm.

    Krasner has faced relentless battles with the police union, other local elected officials, and Republicans who control the Pennsylvania state legislature and are now making an unprecedented effort to impeach him. He’s also won support from many community leaders and criminal-justice-reform advocates. On Wednesday he reached a milestone: His office won a manslaughter conviction against a Philadelphia police officer for shooting a Black man in 2017—the first such conviction for on-duty action in Philadelphia in at least half a century.

    Yet, like other progressive prosecutors in major cities from New York to Chicago to Los Angeles to San Francisco, his political position remains precarious. These prosecutors received a huge burst of momentum from the nationwide protests that erupted after the murder of George Floyd in 2020. And they have an aggressive agenda aimed at reducing jail and prison populations, elevating alternatives to incarceration (particularly for juvenile offenders), emphasizing community services over tough enforcement to reduce gun violence, and imposing greater accountability for police-officer misconduct. (Beyond Wednesday’s conviction, Krasner is pursuing murder cases against two other police officers; previously no murder case involving a Philadelphia police officer had gone to trial in almost 40 years, The Philadelphia Inquirer found.)

    But rising crime rates have weakened these prosecutors’ standing. Though violent crime, particularly homicides, remains far below its peak, in the 1990s, the rates in many major cities spiked at the height of the pandemic to levels far above the totals earlier in this century—and have remained stubbornly high since. As of Monday, Philadelphia, for instance, has experienced 388 homicides this year, slightly more than in 2021 and double the number through that date as recently as 2015.

    Criminologists say the causes of these increases are complex. And crime rates often rise faster in places committed to traditional hard-line policing and prosecutorial policies, as the centrist Democratic group Third Way showed in an eye-opening report earlier this year. (The murder rate in red counties outside Pittsburgh grew much faster than Philadelphia’s did from 2019 through 2021, Krasner’s office pointed out to me.) Krasner and his allies in Philadelphia cite the Republican-controlled legislature’s repeated rejection of stronger gun laws, such as red-flag statutes and universal background checks, as a key cause of the city’s endemic gun violence.

    Yet none of this has insulated progressive prosecutors from an intensifying backlash. San Francisco District Attorney Chesa Boudin was recalled earlier this year; like-minded Los Angeles D.A. George Gascón narrowly avoided a recall election because opponents bungled their petition-gathering effort.

    The decision by the Pennsylvania General Assembly to explore impeaching Krasner marks the latest challenge to the movement. Last week the chamber voted to hold Krasner in contempt when he refused to provide documents it demanded as part of the probe. Krasner, for his part, has filed suit in state court arguing that the legislature lacks the authority to remove him, primarily because its impeachment power, under the state constitution, is limited to state officials, not local ones.

    Craig Green, a law professor at Temple University, told me he thinks Krasner is likely to win that argument. The General Assembly, Green says, has “never tried anything” like this possible impeachment before, even in cases where local officials were guilty of gross misconduct and corruption, which no one has alleged against Krasner. Craig is dubious that the state supreme court will conclude that the legislature’s disapproval of Krasner’s policy choices meets the standard of “improper or corrupt motive” the court has set as justifiable grounds for a potential impeachment.

    Even if Krasner doesn’t win in court, Republicans don’t have enough votes in the State Senate to reach the two-thirds majority they would need to remove him should the House impeach him. But the controversy over his approach isn’t going anywhere, either, particularly as Philadelphia struggles with the wave of gun violence that has spilled out from long impoverished neighborhoods on the north and west sides into its rejuvenated Center City. More than 1,700 people have been shot in the city this year, police statistics show.

    Yesterday at The Atlantic Festival, I sat down with Krasner to discuss his battles with the state legislature, his diagnosis for the rising crime rate, and his continued commitment to rethinking how the criminal-justice system operates. Below are highlights from that conversation, edited for length and clarity.


    Ronald Brownstein: Mr. District Attorney, you have been in the center of the storm since your election in 2017. And you’ve certainly got one brewing now with the Republican-controlled General Assembly in Pennsylvania trying to impeach you. Why is this happening, and where is it going?

    Larry Krasner: It’s happening because progressive prosecutors keep winning elections. There is a misperception that we’re losing; that’s actually incorrect. They can’t beat us in elections, so they try to remove us from office in other ways: by recalls, by impeachment. In my situation, what occurred is, for the first time in the history of the commonwealth of Pennsylvania, the legislature is trying to remove an elected official for their policies. I repeat: policies. You can get removed for crimes or deeply corrupt activity. That’s what impeachment is for. But you’re not supposed to be removed because your policy won by a landslide.

    Brownstein: Can they remove, in your view, a local official as opposed to a statewide official?

    Krasner: No, in my view, they can only remove statewide officials, because there is a separate impeachment procedure for cities. And I happen to be in a city.

    Brownstein: Well, the policy dispute is obviously about your approach and what is happening with crime in Philadelphia. And [according to] the police department, there have been 388 homicides in Philadelphia. That was the figure through Monday. We are still not back up to the levels of crime that we saw in the 1990s, but we are at an elevated rate from earlier in the century, not only in Philadelphia but in many other cities. What’s driving this?

    Krasner: Well, there’s been an uptick really since 2014 in Philadelphia. That’s more or less the low point nationally. I think a lot of things are driving this. But the main thing I bring up is guns. There are more and more and more guns every year. And if you look at the number of guns that are actually removed from the street by law enforcement, they are at least doubled or tripled by the new legal gun sales that are occurring. We have seen an accumulation of guns in this country at this point where we have one and a half guns per human being, more or less. And we have an NRA that would like to see a loaded gun tucked into a diaper. This is an NRA that would like silencers, which hasn’t happened since the 1930s. They would like us to be able to print our guns at home on 3-D printers. [It’s] the most damaging organization to public safety in the history of the United States.

    Brownstein: Let me ask you about guns, because that is certainly one of the flash points in the debate about your approach in Philadelphia. It’s also been a flash point in L.A., where I live: what to do with people who are caught with guns but haven’t used them yet in a crime. Your view, as quoted recently in The New York Times, is that it’s counterproductive to focus on arresting and incarcerating people caught carrying firearms without legal permit. Why do you think that?

    Krasner: So that view is not correct. It’s counterproductive to prioritize that more than solving gun violence. The reality is that if you want to stop gun violence, you should pursue gun violence. That means you should solve homicides. You should solve shootings. The current solve rate, or at least the most recent measured solve rate for gun homicides in Philly, is 28 percent. The most recent solve rate for shootings in Philly is 17 percent. Our conviction rate for homicides is approaching 90 percent; better than our predecessors, but we only get the cases [police officers] solve.

    So a lot of what has happened all across the country is coming from [fraternal-order-of-police] sources, right-wing sources: that the real problem is guns; it’s not the homicides. And the reason they’re saying that is they’re having terrible difficulty solving the homicides. I do not say that, by the way, to besmirch the police. There are certain tools that they need. There are modern ways to actually solve these cases, including some absolutely unbelievable forensics that would blow your mind. But you’ve got to invest in them.

    Brownstein: You had a landmark conviction of a police officer this week, which we’ll talk about in a moment. But I want to just be clear: What is your view about what should happen to people who are found with guns who have not yet committed a crime? Are you saying that they should in fact be prosecuted on a routine basis?

    Krasner: Yes, they should. And the fact is that the House itself, before they decided to impeach me, did a study and found that the sentences for gun possession were longest in Philadelphia. Just so we understand what’s really happening here. This is not coming from some real concern about crime. Our city is giving out longer sentences, including under my administration. So that’s a total red herring.

    Brownstein: Many of the other progressive prosecutors have talked about treating gun violence as a public-health problem. Again, the statistics as of Monday: 1,700 shooting victims. In Philadelphia, what have you learned about the opportunities and limits of a public-health strategy to combat gun violence? Do you feel like it’s stemming the tide with those kinds of numbers?

    Krasner: I’ve learned we haven’t tried it. This is a country that has not used public health to try to deal with addiction. We have not used public health to deal with mental illness and homelessness. We haven’t used public health to deal with criminal justice. Even though we do have reform going on in ways that are constructive, all of the money that’s being saved, which is an enormous amount of money, is not going back into rebuilding the mental-health system that was torn down about 85 percent during the period of mass incarceration. All that money is not going into public schools. And in Philadelphia, public-school kids are funded at half the level of the surrounding counties. But that’s another enormous problem. If we don’t take the money that we’re saving from doing stupid and put it into smart, then all we’re doing is building another tax break for wealthy people, and there is going to be some level of failing to succeed as much as we could.

    Brownstein: So give me your wish list to reduce those 1,700 shootings.

    Krasner: On the enforcement side, the biggest thing that we should be doing is investing very, very heavily in modern forensics. You can do absolutely amazing things with cellphones that we could not do before. You can do amazing things right now with tiny bits of DNA. You can do amazing things that would solve an enormous number of cases. And until we do that, the notion of deterrence is really not there.

    I don’t know why we are allowing anybody to have an AR-15. I don’t know why we’re allowing [young] people … to get them. I don’t know why we have gun shows at all. I don’t know why we have unregistered gun parts. I mean, the whole notion of a polymer gun or a ghost gun is that it’s a loophole. You can get an unmarked piece of plastic and a bunch of unmarked pieces of metal that you can buy on the internet. You can put them together in your basement and you can sell an arsenal round out the back door. And we see more and more ghost guns that are showing up at crime scenes, and it’s doubling and tripling and quadrupling every year.

    Brownstein: Some of the prosecutors elected as part of this movement have opposed cash bail, sometimes in all cases. But you have taken a different approach, a more nuanced approach. You support high cash bail in cases of gun violence.

    Krasner: There’s a general misunderstanding of what “no cash bail” is. No cash bail has happened in D.C. for over 30 years. There’s only two stops on this train. One stop is you get out without having to pay money. You may have to go to a place that provides homeless services or mental-health services or addiction services, because whatever they’re sending you to is associated with your interaction with police. And those are nonviolent offenses, for the most part. But then there’s the other group who sit in jail, no matter how rich they are.

    But the problem in Pennsylvania is you’ve got a legislature that likes its bail-bonds people, makes a lot of money in donations off of their lobbyists, and they are in love with cash bail. What we did in Philly is we tried to simulate a no-cash-bail system by asking for very high bail, which is a million or more in some cases. And then no bail; we don’t ask for these $10,000 bail, $50,000 bail amounts, because they just make things worse.

    Brownstein: You won a landmark conviction of a police officer for an on-duty shooting, a manslaughter conviction—the first one, I believe, in at least 50 years. You have several more in the pipeline. What is the message you are sending with these cases?

    Krasner: The message is what it always should have been, which is that justice applies to everybody. We probably cleared 150 or 200 shootings toward or of civilians by police in uniform. But we have charged three officers with homicide so far. And I mean, to me, this is not complicated. If you commit a murder, if you shoot an unarmed person in the back and you don’t have a lawful justification, the fact that you’re in uniform doesn’t excuse that.

    [There are] a lot of really great cops in Philly. They just have a rotten leadership of their union. But there are a lot of really good cops in Philadelphia who are trying to do it the right way. And every time we knock down a corrupt police officer or a vicious, brutal police officer, we’re just lifting up the good ones, which also hasn’t been done in forever.

    Brownstein: There’s a sense that this [progressive-prosecutor] movement is on the defensive now, as you noted, with the recall of Chesa Boudin in San Francisco, the attempted recall of Gascón, the fight that you are facing in Pennsylvania. Is it possible to maintain support for alternative approaches that focus less on incarceration while crime is going up?

    Krasner: The way to get it under control is criminal-justice reform, because doing things in a just way actually does make us safer. And I know that sounds like a platitude. But let me just give you an example of why I think they’re really at our throats.

    So, 10 years ago, there were essentially zero progressive prosecutors and no portion of the U.S. population lived in a jurisdiction with a progressive prosecutor. Two and a half years ago, 10 percent of the U.S. population [did]. Right now it’s about 20 percent; 70, 75 million Americans have elected or reelected a progressive prosecutor. They all want to talk all day about Chesa Boudin and his recall, all that. They want to talk about that. Who here knows that we have a new district attorney in Memphis who is a progressive and replaced a very conservative incumbent? Who here knows that in Alameda County, right across from San Francisco, Pamela Price is about to win and win big? And she lost four years ago. It is not the case that progressive prosecution is dead in action. The real case here is that even in this incredibly difficult time, it’s maintaining. I wouldn’t say it’s growing, you know, doubling in leaps and bounds like it did around the events surrounding George Floyd. But it is maintaining. So the reality is we’re doing really well, and they can’t beat us in elections, and they’re worried about that.

    The truth is, conservatives don’t actually care very much about crime. They really don’t. What they’re really worried about is that criminal-justice reform is something that connects to voters who are unlikely voters who are alienated from the system, who finally are seeing some reason to go to the polls, which is why we had insane turnouts in our off-year, low-turnout elections both times I ran. And we’ve seen this in many other jurisdictions. If I am a MAGA Republican, the last thing I want to see is any progressive prosecutor still standing. Because what it could be is the salvation of democracy. And they are out to destroy democracy.

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    Ronald Brownstein

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