Massachusetts seeks human trafficking probe targeting Florida Gov. DeSantis over migrants

USA Today

Massachusetts seeks human trafficking probe targeting Florida Gov. DeSantis over migrants

John Bacon and Rachael Devaney, USA TODAY – September 18, 2022

Authorities in Massachusetts said Sunday that they have requested a federal human trafficking probe after Florida Gov. Ron DeSantis boasted of sending about 50 Venezuelan migrants to Martha’s Vineyard to shine a national spotlight on immigration issues.

“We are requesting that the Department of Justice open an investigation to hold DeSantis and others accountable for these inhumane acts,” state Rep. Dylan Fernandes tweeted Sunday. “Not only is it morally criminal, there are legal implications around fraud, kidnapping, deprivation of liberty, and human trafficking.”

Fernandes said he had spoken with Massachusetts U.S. Attorney Rachel Rollins and was “grateful to hear she is pushing for a response from the DOJ.”

The migrants were picked up in Texas, but DeSantis said the flights were part of a $12 million Florida program to transport undocumented immigrants to so-called sanctuary destinations. DeSantis denied claims that the migrants were duped into taking the flights with promises of jobs that did not exist. And he said he was “perplexed” to hear that President Joe Biden was “surging resources” to the Texas border in response to the flights.

“It’s only when you have 50 illegal aliens end up in a wealthy rich enclave that he (Biden) decides to scramble at this,” DeSantis said.

DeSantis and Texas Gov. Gregg Abbott have also sent migrants to other sanctuary cities, including New York, Chicago, and Washington, D.C., where some were dropped off outside the home of Vice President Kamala Harris.

‘I SIMPLY FEEL MISLED’:Migrants flown to Martha’s Vineyard speak out; DeSantis vows to keep relocating migrants

Massachusetts response: America at its best?

Gov. Charlie Baker ordered shelter and humanitarian support be provided at Joint Base Cape Cod in cooperation with the Massachusetts Emergency Management Agency and other officials. And 125 National Guard Members are aiding the effort.

Fernandes said the welcoming response being provided the migrants by his state reflects the best of what America can be.

“There is nothing tough about using women and children and families as your political tools,” Fernandes said on MSNBC. “Ron DeSantis is a coward.”

Surge of Venezuelan migrants at border

The Venezuelan migrants are among a global diaspora of millions of people who left the country to escape a depressed economy and a dictatorial regime amid power outages, lack of access to reliable water, rampant inflation and political turmoil. El Paso Mayor Oscar Leeser said the biggest surge of migrants in his Texas border city are Venezuelans. He said in recent days as many as 2,000 migrants have arrived in his city and he estimates 80% are Venezuelan.

Leeser, in an interview Sunday on ABC’s “This Week with George Stephanopoulos,” said the biggest challenge facing him, city officials and the U.S. Border Patrol is that up to half the Venezuelans arriving have no “sponsor,” a family member or friend who can arrange for their transportation and housing beyond the border. He said the vast majority of previous migrants had a sponsor to help them get to their next destination.

“So, we’re helping them working to get them to where they want to go,” he said. “So that’s been really important – that we don’t send anyone where they don’t want to go.”

Cuellar: Crime cartels exploiting weak border control

Rep. Henry Cuellar, D-Texas, told Face the Nation that the Border Patrol, Homeland Security and other agencies must be provided equipment and personnel they need to enforce the law. Otherwise, he said, the U.S. will continue to see 8,000 people crossing the border a day. He said the border area he represents includes some of the poorest counties in the nation.

SOLUTIONS URGED:Rep. Henry Cuellar calls for more resources for migrants: ‘need solutions and not theater’

Cuellar said says sophisticated crime cartels are exploiting weak checkpoints to move people across the U.S.-Mexico border. He estimated they might make $8,000 a person – and about 4 million people over the last two years.

“That shows you how much these bad guys are being enriched,” he said. “Everybody that comes across is somehow controlled by the bad guys.”

A man, who is part of a group of migrants that had just arrived, flashes a thumbs-upy Sept. 14, 2022, in Edgartown, Mass., on Martha's Vineyard.
A man, who is part of a group of migrants that had just arrived, flashes a thumbs-upy Sept. 14, 2022, in Edgartown, Mass., on Martha’s Vineyard.

Hazardous ‘forever chemicals’ are in our water, food, and air. Here are 6 simple ways to reduce exposure at home.

Business Insider

Hazardous ‘forever chemicals’ are in our water, food, and air. Here are 6 simple ways to reduce exposure at home.

Morgan McFall-Johnsen – September 17, 2022

toddler child drinks bottled water
A child drinks bottled water in Reynosa, Mexico, on June 9, 2021.Daniel Becerril/Reuters
  • Hazardous “forever chemicals” called PFAS are contaminating drinking water, food, and air.
  • It may be impossible to completely avoid PFAS, but there are a few simple ways to reduce your exposure.
  • Eating at home, ditching nonstick pans and unnecessary carpets, and filtering your water can help.

Hazardous, long-lasting “forever chemicals” are all over the news lately, and they’re all over our day-to-day environments too.

Per- and polyfluoroalkyl substances, or PFAS, is a class of thousands of man-made substances that are common in everyday objects, but research is making it increasingly clear that they may be harmful to human health. Peer-reviewed studies have linked them to some cancers, decreased fertility, thyroid disease, and developmental delays.

That’s bad news since PFAS last for decades without breaking down, earning them the “forever chemicals” nickname. Researchers have found them in drinking water and household dust across the planet, in the oceans, at both poles, and drifting through the atmosphere.

In a paper published last month, leading researchers at the University of Stockholm concluded that all the planet’s rainwater, and probably all of its soil, are contaminated with unsafe levels of PFAS. Ian Cousins, who spearheaded that research, fears it’s impossible to avoid the chemicals.

“I don’t bother,” Cousins told Insider, adding, “It’s almost mission impossible. You can’t really do it.”

Even if you can’t completely dodge PFAS, there are a few easy ways to reduce exposure in your daily life.

Eat at home, with minimal grease-resistant packaging
two adults one child eat dinner at a table with paper plates and bouquet of flowers
A family eats dinner at their home in Calumet Park, Illinois, on December 8, 2020.Shannon Stapleton/Reuters

PFAS were developed in the 1940s to resist heat, grease, stains, and water. That means they’ve ended up in a lot of food packaging. That includes pizza boxes, microwave popcorn bags, some wrappers, and grease-resistant paper.

Restaurants and fast-food chains may use such packaging more than grocery stores do. A 2019 study found that people had lower PFAS levels in their blood after eating at home, and higher levels after eating fast food or at restaurants.

Throw out scratched nonstick pans
red onion slices cooking in a black pan
Red onion slices cooking in a black pan.Erin McDowell/Insider

The coating used in nonstick cookware usually contains PFAS, and they can easily leach into your food at high heat and once the coating gets scratched.

The Washington Department of Ecology advises against heating nonstick cookware above 400 degrees Fahrenheit, and recommends throwing it out once the nonstick coating scratches. Cast-iron pans are a safe alternative.

Ditch your carpet and stain-resistant fabrics

Other household items like carpeting, water-resistant clothing, and stain-resistant treatments for fabrics can also contain PFAS. Researchers don’t think the chemicals can easily absorb into your body through your skin, but those fabrics shed fibers that can travel through the house as dust, eventually getting ingested or inhaled.

Vacuum, dust, and open the windows
man opens sliding glass door window in living room
A property manager opens the window of a vacant house in the town Kamakura outside Tokyo, on November 15, 2014.Thomas Peter/Reuters

PFAS accumulate in dust, which lingers in the air and allows humans to breathe the chemicals into their lungs. By dusting and vacuuming regularly, along with opening windows to allow for airflow and ventilation, you can keep dust levels low in your home and reduce the amount of PFAS you inhale.

Test and maybe treat your drinking water

You can test your water for PFAS through a laboratory certified by your state. If the water exceeds guidelines, you may want to consider doing something about it, especially if you have children.

Person filling water bottle from sink faucet
A person fills a bottle with tap water.Catherine Falls Commercial/Getty Images

Even at very low levels, exposure to two of the most common PFAS — called PFOA and PFOS — has been linked to decreased vaccine response in children. That research prompted the US Environmental Protection Agency to revise its drinking-water guidelines, decreasing the safe levels of those substances by a factor of 17,000. In August, the agency issued a proposal to classify those two PFAS as hazardous substances.

A few types of water filters can diminish PFAS levels, though they may not completely remove the chemicals from the water. State environmental departments recommend filtration systems that use reverse osmosis for tap water. They also recommend filter systems that use granular activated carbon (aka charcoal), which can be installed on faucets house-wide or used in a tabletop pitcher, but a 2020 study found mixed results from those systems.

If you get your drinking water from a well, the EPA recommends testing it regularly and contacting your state environmental or health agency for certified labs and safety standards.

Check before you buy cosmetics
woman applies eyeliner to another womans eye
A woman applies makeup to her friend in Nashville, Tennessee, on December 20, 2013.Harrison McClary/Reuters

Last year, a group of researchers published the results of testing 231 cosmetic products in the US and Canada for PFAS. More than half the products contained indicators of the chemicals.

The Environmental Working Group (EWG) has a public, searchable database of cosmetics and personal-care products, highlighting ingredients with potential risks to human health, such as PFAS like Teflon. They also maintain a map where you can check if you live near a PFAS contamination site.

The Green Science Policy Institute also keeps a list of PFAS-free products, including a guide to cosmetics.

Ultimately, Cousins said, people don’t need to be “super worried” about low-level exposure, since there’s no strong evidence of major health impacts across the population. Still, reducing PFAS use in consumer products could keep the problem from getting worse in the future.

“I think we should use this to get a bit angry about what’s happened and try and make change, so that we don’t keep doing this,” Cousins said. “Maybe we have to use [PFAS] in some cases, but only when they’re absolutely essential. And then we should also try to innovate, to try and replace them in the longer term.”

‘A Crisis Coming’: The Twin Threats to American Democracy

The New York Times

‘A Crisis Coming’: The Twin Threats to American Democracy

David Leonhardt – September 17, 2022

The United States faces two distinct challenges, the movement by Republicans who refuse to accept defeat in an election and a growing disconnect between political power and public opinion. (Matt Chase/The New York Times)
The United States faces two distinct challenges, the movement by Republicans who refuse to accept defeat in an election and a growing disconnect between political power and public opinion. (Matt Chase/The New York Times)

The United States has experienced deep political turmoil several times before over the past century. The Great Depression caused Americans to doubt the country’s economic system. World War II and the Cold War presented threats from global totalitarian movements. The 1960s and ’70s were marred by assassinations, riots, a losing war and a disgraced president.

These earlier periods were each more alarming in some ways than anything that has happened in the United States recently. Yet during each of those previous times of tumult, the basic dynamics of American democracy held firm. Candidates who won the most votes were able to take power and attempt to address the country’s problems.

The current period is different. As a result, the United States today finds itself in a situation with little historical precedent. American democracy is facing two distinct threats, which together represent the most serious challenge to the country’s governing ideals in decades.

The first threat is acute: a growing movement inside one of the country’s two major parties — the Republican Party — to refuse to accept defeat in an election.

The violent Jan. 6, 2021, attack on Congress, meant to prevent the certification of President Joe Biden’s election, was the clearest manifestation of this movement, but it has continued since then. Hundreds of elected Republican officials around the country falsely claim that the 2020 election was rigged. Some of them are running for statewide offices that would oversee future elections, potentially putting them in position to overturn an election in 2024 or beyond.

“There is the possibility, for the first time in American history, that a legitimately elected president will not be able to take office,” said Yascha Mounk, a political scientist at Johns Hopkins University who studies democracy.

The second threat to democracy is chronic but also growing: The power to set government policy is becoming increasingly disconnected from public opinion.

The run of recent Supreme Court decisions — both sweeping and, according to polls, unpopular — highlights this disconnect. Although the Democratic Party has won the popular vote in seven of the past eight presidential elections, a Supreme Court dominated by Republican appointees seems poised to shape American politics for years, if not decades. And the court is only one of the means through which policy outcomes are becoming less closely tied to the popular will.

Two of the past four presidents have taken office despite losing the popular vote. Senators representing a majority of Americans are often unable to pass bills, partly because of the increasing use of the filibuster. Even the House, intended as the branch of the government that most reflects the popular will, does not always do so because of the way districts are drawn.

“We are far and away the most countermajoritarian democracy in the world,” said Steven Levitsky, a professor of government at Harvard University and a co-author of the book “How Democracies Die,” with Daniel Ziblatt.

The causes of the twin threats to democracy are complex and debated among scholars.

The chronic threats to democracy generally spring from enduring features of American government, some written into the Constitution. But they did not conflict with majority opinion to the same degree in past decades. One reason is that more populous states, whose residents receive less power because of the Senate and the Electoral College, have grown so much larger than small states.

The acute threats to democracy — and the rise of authoritarian sentiment, or at least the acceptance of it, among many voters — have different causes. They partly reflect frustration over nearly a half-century of slow-growing living standards for the American working class and middle class. They also reflect cultural fears, especially among white people, that the United States is being transformed into a new country, more racially diverse and less religious, with rapidly changing attitudes toward gender, language and more.

The economic frustrations and cultural fears have combined to create a chasm in American political life between prosperous, diverse major metropolitan areas and more traditional, religious and economically struggling smaller cities and rural areas. The first category is increasingly liberal and Democratic, the second increasingly conservative and Republican.

The political contest between the two can feel existential to people in both camps, with disagreements over nearly every prominent issue. “When we’re voting, we’re not just voting for a set of policies but for what we think makes us Americans and who we are as a people,” said Lilliana Mason, a political scientist and the author of “Uncivil Agreement: How Politics Became Our Identity.” “If our party loses the election, then all of these parts of us feel like losers.”

These sharp disagreements have led many Americans to doubt the country’s system of government. In a recent poll by Quinnipiac University, 69% of Democrats and 69% of Republicans said that democracy was “in danger of collapse.” Of course, the two sides have very different opinions about the nature of the threat.

Many Democrats share the concerns of historians and scholars who study democracy, pointing to the possibility of overturned election results and the deterioration of majority rule. “Equality and democracy are under assault,” Biden said in a speech this month in front of Independence Hall in Philadelphia. “We do ourselves no favor to pretend otherwise.”

Many Republicans have defended their increasingly aggressive tactics by saying they are trying to protect American values. In some cases, these claims rely on falsehoods — about election fraud, Biden’s supposed “socialism,” Barack Obama’s birthplace and more.

In others, they are rooted in anxiety over real developments, including illegal immigration and “cancel culture.” Some on the left now consider widely held opinions among conservative and moderate Americans — on abortion, policing, affirmative action, COVID-19 and other subjects — to be so objectionable that they cannot be debated. In the view of many conservatives and some experts, this intolerance is stifling open debate at the heart of the American political system.

The divergent sense of crisis on left and right can itself weaken democracy, and it has been exacerbated by technology.

Conspiracy theories and outright lies have a long American history, dating to the personal attacks that were a staple of the partisan press during the 18th century. In the mid-20th century, tens of thousands of Americans joined the John Birch Society, a far-right group that claimed Dwight Eisenhower was a secret communist.

Today, however, falsehoods can spread much more easily, through social media and a fractured news environment. In the 1950s, no major television network spread the lies about Eisenhower. In recent years, the country’s most watched cable channel, Fox News, regularly promoted falsehoods about election results, Obama’s birthplace and other subjects.

These same forces — digital media, cultural change and economic stagnation in affluent countries — help explain why democracy is also struggling in other parts of the world. Only two decades ago, at the turn of the 21st century, democracy was the triumphant form of government around the world, with autocracy in retreat in the former Soviet empire, Argentina, Brazil, Chile, South Africa, South Korea and elsewhere. Today, the global trend is moving in the other direction.

In the late 1990s, 72 countries were democratizing, and only three were growing more authoritarian, according to data from V-Dem, a Swedish institute that monitors democracy. Last year, only 15 countries grew more democratic, while 33 slid toward authoritarianism.

Some experts remain hopeful that the growing attention in the United States to democracy’s problems can help avert a constitutional crisis here. Already, Donald Trump’s efforts to overturn the 2020 election failed, partly because of the refusal of many Republican officials to participate, and both federal and state prosecutors are investigating his actions. And while the chronic decline of majority rule will not change anytime soon, it is also part of a larger historical struggle to create a more inclusive American democracy.

Still, many experts point out that it still not clear how the country will escape a larger crisis, such as an overturned election, at some point in the coming decade. “This is not politics as usual,” said Carol Anderson, a professor at Emory University and the author of the book, “One Person, No Vote,” about voter suppression. “Be afraid.”

The Will of the Majority

The founders did not design the United States to be a pure democracy.

They distrusted the classical notion of direct democracy, in which a community came together to vote on each important issue, and believed it would be impractical for a large country. They did not consider many residents of the new country to be citizens who deserved a voice in political affairs, including Natives, enslaved Africans and women. The founders also wanted to constrain the national government from being too powerful, as they believed was the case in Britain. And they had the practical problem of needing to persuade 13 states to forfeit some of their power to a new federal government.

Instead of a direct democracy, the founders created a republic, with elected representatives to make decisions, and a multilayered government in which different branches checked one another. The Constitution also created the Senate, where every state had an equal say regardless of population.

Pointing to this history, some Republican politicians and conservative activists have argued that the founders were comfortable with minority rule. “Of course we’re not a democracy,” Sen. Mike Lee, R-Utah, has written.

But the historical evidence suggests that the founders believed that majority will — defined as the prevailing view of enfranchised citizens — should generally dictate national policy, as George Thomas of Claremont McKenna College and other constitutional scholars have explained.

In the Federalist Papers, James Madison equated “a coalition of a majority of the whole society” with “justice and the general good.” Alexander Hamilton made similar points, describing “representative democracy” as “happy, regular and durable.” It was a radical idea at the time.

For most of American history, the idea has prevailed. Even with the existence of the Senate, the Electoral College and the Supreme Court, political power has reflected the views of people who had the right to vote. “To say we’re a republic not a democracy ignores the past 250 years of history,” Ziblatt, a political scientist at Harvard University, said.

Before 2000, only three candidates won the presidency while losing the popular vote (John Quincy Adams, Rutherford Hayes and Benjamin Harrison), and each served only a single term. During the same period, parties that won repeated elections were able to govern, including the Democratic-Republican Party of Thomas Jefferson’s time, the New Deal Democrats and the Reagan Republicans.

The situation has changed in the 21st century. The Democratic Party is in the midst of a historic winning streak. In seven of the past eight presidential elections, stretching back to Bill Clinton’s 1992 victory, the Democratic nominee has won the popular vote. Over more than two centuries of American democracy, no party has previously fared so well over such an extended period.

Yet the current period is hardly a dominant Democratic age.

What changed? One crucial factor is that, in the past, the parts of the country granted outsize power by the Constitution — less populated states, which tend to be more rural — voted in broadly similar ways as large states and urban areas.

This similarity meant that the small-state bonus in the Senate and Electoral College had only a limited effect on national results. Both Democrats and Republicans benefited and suffered from the Constitution’s undemocratic features.

Democrats sometimes won small states like Idaho, Montana, Utah and Wyoming in the mid-20th century. And California was long a swing state: Between the Great Depression and 2000, Democratic and Republican presidential candidates won it an equal number of times. That the Constitution conferred advantages on residents of small states and disadvantages on Californians did not reliably boost either party.

In recent decades, Americans have increasingly sorted themselves along ideological lines. Liberals have flocked to large metropolitan areas, which are heavily concentrated in big states like California, while residents of smaller cities and more rural areas have become more conservative.

This combination — the Constitution’s structure and the country’s geographic sorting — has created a disconnect between public opinion and election outcomes. It has affected every branch of the federal government: the presidency, Congress and even the Supreme Court.

In the past, “the system was still anti-democratic, but it didn’t have a partisan effect,” Levitsky said. “Now it’s undemocratic and has a partisan effect. It tilts the playing field toward the Republican Party. That’s new in the 21st century.”

In presidential elections, the small-state bias is important, but it is not even the main issue. A subtler factor — the winner-take-all nature of the Electoral College in most states — is. Candidates have never received extra credit for winning state-level landslides. But this feature did not used to matter very much, because landslides were rare in larger states, meaning that relatively few votes were “wasted,” as political scientists say.

Today, Democrats dominate a handful of large states, wasting many votes. In 2020, Biden won California by 29 percentage points; New York by 23 points; and Illinois by 17 points. Four years earlier, Hillary Rodham Clinton’s margins were similar.

This shift means that millions of voters in large metropolitan areas have moved away from the Republican Party without having any impact on presidential outcomes. That’s a central reason that both George W. Bush and Trump were able to win the presidency while losing the popular vote.

“We’re in a very different world today than when the system was designed,” said Mindy Romero, director of the Center for Inclusive Democracy at the University of Southern California. “The dynamic of being pushed aside is more obvious and I think more frustrating.”

Republicans sometimes point out that the system prevents a few highly populated states from dominating the country’s politics, which is true. But the flip is also true: The Constitution gives special privileges to the residents of small states. In presidential elections, many voters in large states have become irrelevant in a way that has no historical antecedent.

The Curse of Geographic Sorting

The country’s changing population patterns may have had an even bigger effect on Congress — especially the Senate — and the Supreme Court than the presidency.

The sorting of liberals into large metropolitan areas and conservatives into more rural areas is only one reason. Another is that large states have grown much more quickly than small states. In 1790, the largest state (Virginia) had about 13 times as many residents as the smallest (Delaware). Today, California has 68 times as many residents as Wyoming, 53 times as many as Alaska and at least 20 times as many as another 11 states.

Together, these trends mean that the Senate has a heavily pro-Republican bias that will last for the foreseeable future.

The Senate today is split 50-50 between the two parties. But the 50 Democratic senators effectively represent 186 million Americans, while the 50 Republican senators effectively represent 145 million. To win Senate control, Democrats need to win substantially more than half of the nationwide votes in Senate elections.

This situation has led to racial inequality in political representation. The residents of small states, granted extra influence by the Constitution, are disproportionately white, while large states are home to many more Asian American, Black and Latino voters.

In addition, two parts of the country that are disproportionately Black or Latino — Washington, D.C., and Puerto Rico — have no Senate representation. Washington has more residents than Vermont or Wyoming, and Puerto Rico has more residents than 20 states. As a result, the Senate gives a political voice to white Americans that is greater than their numbers.

The House of Representatives has a more equitable system for allocating political power. It divides the country into 435 districts, each with a broadly similar number of people (currently about 760,000). Still, House districts have two features that can cause the chamber’s makeup not to reflect national opinion, and both of them have become more significant in recent years.

The first is well known: gerrymandering. State legislatures often draw district boundaries and in recent years have become more aggressive about drawing them in partisan ways. In Illinois, for example, the Democrats who control the state government have packed Republican voters into a small number of House districts, allowing most other districts to lean Democratic. In Wisconsin, Republicans have done the opposite.

Because Republicans have been more forceful about gerrymandering than Democrats, the current House map slightly favors Republicans, likely by a few seats. At the state level, Republicans have been even bolder. Gerrymandering has helped them dominate the state legislatures in Michigan, North Carolina and Ohio, even though the states are closely divided.

Still, gerrymandering is not the only reason that House membership has become less reflective of national opinion in recent years. It may not even be the biggest reason, according to Jonathan A. Rodden, a political scientist at Stanford University. Geographic sorting is.

“Without a doubt, gerrymandering makes things worse for the Democrats,” Rodden has written, “but their underlying problem can be summed up with the old real estate maxim: location, location, location.” The increasing concentration of Democratic voters into large metro areas means that even a neutral system would have a hard time distributing these tightly packed Democratic voters across districts in a way that would allow the party to win more elections.

Instead, Democrats now win many House elections in urban areas by landslides, wasting many votes. In 2020, only 21 Republican House candidates won their elections by at least 50 percentage points; 47 Democrats did.

Looking at where many of these elections occurred helps make Rodden’s point. The landslide winners included Rep. Diana DeGette in Denver; Rep. Jerry Nadler in New York City; Rep. Jesús García in Chicago; Rep. Donald Payne Jr. in northern New Jersey; and Rep. Barbara Lee in Oakland, California. None of those districts are in states where Republicans have controlled the legislative boundaries, which means that they were not the result of Republican gerrymandering.

Again and again, geographic sorting has helped cause a growing disconnect between public opinion and election results, and this disconnect has shaped the Supreme Court as well. The court’s membership at any given time is dictated by the outcomes of presidential and Senate elections over the previous few decades. And if elections reflected popular opinion, Democratic appointees would dominate the court.

Every current justice has been appointed during one of the past nine presidential terms, and a Democrat has won the popular vote in seven of those nine and the presidency in five of the nine. Yet the court is now dominated by a conservative, six-member majority.

There are multiple reasons (including Ruth Bader Ginsburg’s decision not to retire in 2014 when a Democratic president and Senate could have replaced her). But the increasingly undemocratic nature of both the Electoral College and Senate play crucial roles.

Trump was able to appoint three justices despite losing the popular vote. (Bush is a more complex case, having made his court appointments after he won reelection and the popular vote in 2004.) Similarly, if Senate seats were based on population, none of Trump’s nominees — Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — would likely have been confirmed, said Michael J. Klarman, a law professor at Harvard. Senate Republicans also would not have been able to block Obama from filling a court seat during his final year in office.

Even Justice Clarence Thomas’ 1991 confirmation relied on the Senate’s structure: The 52 senators who voted to confirm him represented a minority of Americans.

The current court’s approach has magnified the disconnect between public opinion and government policy, because Republican-appointed justices have overruled Congress on some major issues. The list includes bills on voting rights and campaign finance that earlier Congresses passed along bipartisan lines. This term, the court issued rulings on abortion, climate policy and gun laws that seemed to be inconsistent with majority opinion, based on polls.

“The Republican justices wouldn’t say this and may not believe it,” Klarman said, “but everything they’ve done translates into a direct advantage for the Republican Party.”

In response to the voting rights decision, in 2013, Republican legislators in several states have passed laws making it more difficult to vote, especially in heavily Democratic areas. They have done so citing the need to protect election security, even though there has been no widespread fraud in recent years.

For now, the electoral effect of these decisions remains uncertain. Some analysts point out that the restrictions have not yet been onerous enough to hold down turnout. In the 2020 presidential election, the percentage of eligible Americans who voted reached the highest level in at least a century.

Other experts remain concerned that the new laws could ultimately swing a close election in a swing state. “When you have one side gearing up to say, ‘How do we stop the enemy from voting?’ that is dangerous to a democracy,” Anderson, the Emory professor, said.

An upcoming Supreme Court case may also allow state legislatures to impose even more voting restrictions. The court has agreed to hear a case in which Republican legislators in North Carolina argue that the Constitution gives them, and not state courts, the authority to oversee federal elections.

In recent years, state courts played an important role in constraining both Republican and Democratic legislators who tried to draw gerrymandered districts that strongly benefited one party. If the Supreme Court sides with the North Carolina legislature, gerrymandering might increase, as might laws establishing new barriers to voting.

Amplifying the Election Lies

If the only challenges to democracy involved these chronic, long-developing forces, many experts would be less concerned than they are. American democracy has always been flawed, after all.

But the slow-building ways in which majority rule is being undermined are happening at the same time that the country faces an immediate threat that has little precedent. A growing number of Republican officials are questioning a basic premise of democracy: that the losers of an election are willing to accept defeat.

The roots of the modern election-denier movement stretch back to 2008. When Obama was running for president and after he won, some of his critics falsely claimed that his victory was illegitimate because he was born in Kenya rather than Hawaii. This movement became known as birtherism, and Trump was among its proponents. By making the claims on Fox News and elsewhere, he helped transform himself from a reality television star into a political figure.

When he ran for president himself in 2016, Trump made false claims about election fraud central to his campaign. In the Republican primaries, he accused his closest competitor for the nomination, Sen. Ted Cruz, of cheating. In the general election against Hillary Clinton, Trump said he would accept the outcome only if he won. In 2020, after Biden won, the election lies became Trump’s dominant political message.

His embrace of these lies was starkly different from the approach of past leaders from both parties. In the 1960s, Ronald Reagan and Barry Goldwater ultimately isolated the conspiracists of the John Birch Society. In 2000, Al Gore urged his supporters to accept George W. Bush’s razor-thin victory, much as Richard Nixon had encouraged his supporters to do so after he narrowly lost to John F. Kennedy in 1960. In 2008, when a Republican voter at a rally described Obama as an Arab, Sen. John McCain, the Republican nominee and Obama’s opponent, corrected her.

Trump’s promotion of the falsehoods, by contrast, turned them into a central part of the Republican Party’s message. About two-thirds of Republican voters say that Biden did not win the 2020 election legitimately, according to polls. Among Republican candidates running for statewide office this year, 47% have refused to accept the 2020 result, according to a FiveThirtyEight analysis.

Most Republican politicians who have confronted Trump, on the other hand, have since lost their jobs or soon will. Of the 10 House Republicans who voted to impeach him for his role in the Jan. 6 attack, for example, eight have since decided to retire or lost Republican primaries, including Rep. Liz Cheney of Wyoming.

“By any indication, the Republican Party — upper-level, midlevel and grassroots — is a party that can only be described as not committed to democracy,” Levitsky said. He added that he was significantly more concerned about American democracy than when his and Ziblatt’s book, “How Democracies Die,” came out in 2018.

Juan José Linz, a political scientist who died in 2013, coined the term “semi-loyal actors” to describe political officials who typically do not initiate attacks on democratic rules or institutions but who also do not attempt to stop these attacks. Through their complicity, these semi-loyal actors can cause a party and a country to slide toward authoritarianism.

That’s what happened in Europe in the 1930s and in Latin America in the 1960s and ’70s. More recently, it has happened in Hungary. Now there are similar signs in the United States.

Often, even Republicans who cast themselves as different from Trump include winking references to his conspiracy theories in their campaigns, saying that they, too, believe “election integrity” is a major problem. Gov. Glenn Youngkin of Virginia and Gov. Ron DeSantis of Florida, for example, have both recently campaigned on behalf of election deniers.

In Congress, Republican leaders have largely stopped criticizing the violent attack on the Capitol. Rep. Kevin McCarthy, the Republican House leader, has gone so far as to signal his support for colleagues — like Rep. Marjorie Taylor Greene, R-Ga. — who have used violent imagery in public comments. Greene, before being elected to Congress, said that she supported the idea of executing prominent Democrats.

“When mainstream parties tolerate these guys, make excuses for them, protect them, that’s when democracy gets in trouble,” Levitsky said. “There have always been Marjorie Taylor Greenes. What I pay closer attention to is the behavior of the Kevin McCarthys.”

The party’s growing acceptance of election lies raises the question of what would happen if Trump or another future presidential nominee tried to replay his 2016 attempt to overturn the result.

In 11 states this year, the Republican nominee for secretary of state, a position that typically oversees election administration, qualifies as an “election denier,” according to States United Action, a research group. In 15 states, the nominee for governor is a denier, and in 10 states, the attorney general nominee is.

The growth of the election-denier movement has created a possibility that would have seemed unthinkable not so long ago. It remains unclear whether the loser of the next presidential election will concede or will instead try to overturn the outcome.

‘There Is a Crisis Coming’

There are still many scenarios in which the United States will avoid a democratic crisis.

In 2024, Biden could win reelection by a wide margin — or a Republican other than Trump could win by a wide margin. Trump might then fade from the political scene, and his successors might choose not to embrace election falsehoods. The era of Republican election denial could prove to be brief.

It is also possible that Trump or another Republican nominee will try to reverse a close defeat in 2024 but will fail, as happened in 2020. Then, Brad Raffensperger, Georgia’s Republican secretary of state, rebuffed Trump after he directed him to “find 11,780 votes,” and the Supreme Court refused to intervene as well. More broadly, Mitch McConnell, the Republican leader in the Senate, recently said that the United States had “very little voter fraud.”

If a Republican were again to try to overturn the election and to fail, the movement might also begin to fade. But many democracy experts worry that these scenarios may be wishful thinking.

Trump’s most likely successors as party leader also make or tolerate false claims about election fraud. The movement is bigger than one person and arguably always has been; some of the efforts to make voting more onerous, which are generally justified with false suggestions of widespread voter fraud, predated Trump’s 2016 candidacy.

To believe that Republicans will not overturn a close presidential loss in coming years seems to depend on ignoring the public positions of many Republican politicians. “The scenarios by which we don’t have a major democracy crisis by the end of the decade seem rather narrow,” Mounk of Johns Hopkins said.

And Levitsky said, “It’s not clear how the crisis is going to manifest itself, but there is a crisis coming.” He added, “We should be very worried.”

The most promising strategy for avoiding an overturned election, many scholars say, involves a broad ideological coalition that isolates election deniers. But it remains unclear how many Republican politicians would be willing to join such a coalition.

It is also unclear whether Democratic politicians and voters are interested in making the compromises that would help them attract more voters. Many Democrats have instead embraced a purer version of liberalism in recent years, especially on social issues. This shift to the left has not prevented the party from winning the popular vote in presidential elections, but it has hurt Democrats outside of major metropolitan areas and, by extension, in the Electoral College and congressional elections.

If Democrats did control both the White House and Congress — and by more than a single vote, as they now do in the Senate — they have signaled that they would attempt to pass legislation to address both the chronic and acute threats to democracy.

The House last year passed a bill to protect voting rights and restrict gerrymandering. It died in the Senate partly because it included measures that even some moderate Democrats believed went too far, such as restrictions on voter identification laws, which many other democracies around the world have.

The House also passed a bill to grant statehood to Washington, D.C., which would reduce the Senate’s current bias against metropolitan areas and Black Americans. The United States is currently in its longest stretch without having admitted a new state.

Democracy experts have also pointed to other possible solutions to the growing disconnect between public opinion and government policy. Among them is an expansion of the number of members in the House of Representatives, which the Constitution allows Congress to do — and which it regularly did until the early 20th century. A larger House would create smaller districts, which in turn could reduce the share of uncompetitive districts.

Other scholars favor proposals to limit the Supreme Court’s authority, which the Constitution also allows and which previous presidents and Congresses have done.

In the short term, these proposals would generally help the Democratic Party, because the current threats to majority rule have mostly benefited the Republican Party. In the long term, however, the partisan effects of such changes are less clear.

The history of new states makes this point: In the 1950s, Republicans initially supported making Hawaii a state because it seemed to lean Republican, while Democrats said that Alaska had to be included, too, also for partisan reasons. Today, Hawaii is a strongly Democratic state, and Alaska is a strongly Republican one. Either way, the fact that both are states has made the country more democratic.

Over the sweep of history, the American government has tended to become more democratic, through women’s suffrage, civil rights laws, the direct election of senators and more. The exceptions, like the post-Reconstruction period, when Black Southerners lost rights, have been rare. The current period is so striking partly because it is one of those exceptions.

“The point is not that American democracy is worse than it was in the past,” Mounk said. “Throughout American history, the exclusion of minority groups, and African Americans in particular, was much worse than it is now.

“But the nature of the threat is very different than in the past,” he said.

The makeup of the federal government reflects public opinion less closely than it once did. And the chance of a true constitutional crisis — in which the rightful winner of an election cannot take office — has risen substantially. That combination shows that American democracy has never faced a threat quite like the current one.

Democrats Buoyed by Abortion and Trump, Times/Siena Poll Finds

The New York Times

Democrats Buoyed by Abortion and Trump, Times/Siena Poll Finds

Lisa Lerer and Nate Cohn – September 16, 2022

President Joe Biden speaks at the 45th Congressional Hispanic Caucus Institute Gala to kick-off the White House's celebration of Hispanic Heritage Month at the Walter Washington Convention Center, Thursday, Sept. 15, 2022, in Washington. (AP Photo/Alex Brandon)
President Joe Biden speaks at the 45th Congressional Hispanic Caucus Institute Gala to kick-off the White House’s celebration of Hispanic Heritage Month at the Walter Washington Convention Center, Thursday, Sept. 15, 2022, in Washington. (AP Photo/Alex Brandon)
Fury over abortion has helped mask deep Democratic vulnerabilities, according to a New York Times/Siena College poll. (Hannah Beier/The New York Times)
Fury over abortion has helped mask deep Democratic vulnerabilities, according to a New York Times/Siena College poll. (Hannah Beier/The New York Times)

Even as they struggle to persuade voters that they should be trusted on the economy, Democrats remain unexpectedly competitive in the battle for Congress as the sprint to November’s midterm election begins, a New York Times/Siena College poll has found.

The surprising Democratic strength has been bolstered by falling gas prices and President Joe Biden’s success at breaking through legislative gridlock in Washington to pass his agenda. That shift in political momentum has helped boost, in just two months, the president’s approval rating by 9 percentage points and doubled the share of Americans who believe the country is on the right track.

But Democrats are also benefiting from factors over which they had little control: the public outcry in response to the Supreme Court’s overturning of federal abortion rights and the return of former President Donald Trump to an attention-commanding presence on the national stage.

Overall, 46% of registered voters say they back the Democratic candidate for Congress in their district, compared with 44% for Republicans — a difference well within the survey’s margin of error. The findings are similar to those from the last Times/Siena poll in July, when voters preferred, by just 1 percentage point, Democratic to Republican control of Congress.

Yet the fundamentals of the race — high inflation, an uncertain economy and an unpopular president — remain challenging for Democrats. The national mood, while brighter than earlier in the summer, remains gloomy. Republicans still score higher on some social issues, including illegal immigration. And the president’s approval rating is still just 42%— as weak as or weaker than the ratings of every president whose party went on to lose control of Congress in midterm elections, going back to 1978.

For now, the fury over abortion and the renewed spotlight on Trump have helped mask deep Democratic vulnerabilities that might ultimately make Republicans favored to retake Congress — if Republicans could refocus the electorate on the economy and inflation. Republicans would lead by 6 percentage points in the race for Congress, if they could merely win over voters who say they agree with the GOP most on the economy.

Marvin Mirsch, 64, a self-identified independent from suburban Minneapolis, said he agreed with the Republicans on economic issues but still planned to back Democrats in November. A biomedical engineer, he attributed his vote largely to one man: Trump.

“I think that every person in the nation should work hard to purge Donald Trump from the Republican Party in one way or another,” Mirsch said. “Because we need a healthy Republican Party, and it’s not right now — it’s sick.”

The survey underscored how Republicans have been weakened by Trump’s decision to play a vocal role in his party’s primaries. Voters said that the word “extreme” described the Republicans better than the Democrats by a 6-point margin, 43% to 37%. And, although they deemed economic issues most important, more voters said that Democrats were focused on the most important issues than those who said that Republicans were, by 40% to 38%.

While the poll did not directly ask voters how Trump weighed on their midterm vote, it found Biden leading Trump by 3 percentage points, 45% to 42%, in a hypothetical 2024 matchup — nearly identical to voter preferences in the race for Congress.

In contrast, voters trust the Republicans more on the economy by a 14-point margin, 52% to 38%. And they say that economic issues will matter more to their vote than do societal issues by an 18-point margin.

Yet 9% of the voters who trust Republicans more on economic issues and say that those issues are most important are voting for Democrats, anyway.

Jeanine Spanjers, 44, from Racine, Wisconsin, said that rising inflation had caused her to change her lifestyle, including driving less, skipping vacations and even abstaining from popcorn when she goes to the movies. A state employee, she also said she believed that Democrats were handing out too many government subsidies, pointing to relief payments distributed during the pandemic.

“What’s getting on my nerves is all this free stuff,” she said, criticizing how all the children at her son’s school received food stamp cards, including families who could afford to pay for lunch. “Republicans would never do something like that. It disincentivizes people to go out and do something. I’m starting to feel like people are being rewarded for not doing anything.”

Still, Spanjers said she planned to vote only for Democrats, saying abortion is her top issue. “I had made that choice once, and I have two sons,” she said. “There’s people who can’t afford kids and shouldn’t have kids, or just maybe it isn’t the right time in their life.”

The poll’s findings also suggest that Biden’s legislative successes have done relatively little to boost his or his party’s credibility on economic issues.

Only 36% of voters said they approved of a centerpiece of Biden’s legislative agenda, the health and climate spending bill passed by Congress last month known as the Inflation Reduction Act. More than one-quarter said they had never even heard of it. The country was divided over the administration’s student debt plan, with 49% saying they supported the cancellation of up to $20,000 worth of federal student loans, compared with 45% who say they opposed it.

Just 15% of voters said that Biden’s policies had helped them personally, while 37% said that his policies had hurt them. Nearly half said the president had not made much of a difference either way — including 59% of voters younger than 30.

“I’ve been working since I was 16, and I don’t have a high school diploma, so the costs of inflation are really affecting me,” said Mykie Bush, 19, who works at an auto dealership in rural Oregon. “I can barely leave my house right now because of inflation.”

Still, Bush said she planned to vote Democratic, saying her views on issues like abortion, immigration and LGBTQ rights outweighed her economic worries: “At the end of the day, we’re not fighting over politics. We’re fighting over our human rights.”

Democrats held an overwhelming 73%-18% lead among voters who said that “societal issues” like abortion or threats to democracy would be most important in their vote this November, rather than economic issues like jobs and the cost of living.

But on issues like immigration, crime and even gun policy that had appeared likely to dominate the midterm campaign before the Supreme Court’s decision to overturn Roe v. Wade, Republicans appear to hold important advantages. Despite a summer of mass shootings, voters by a narrow margin said they opposed a ban on semi-automatic weapons and high-capacity magazines.

Republican strength extends even to one of the most divisive elements of Trump’s agenda, with voters narrowly supporting a border wall. And, by a 14-point margin, voters said they agreed more with the Republican Party’s stance on illegal immigration.

The electorate remains deeply divided along the demographic fault lines of the last election, with Democrats leading among white college graduates, young voters and nonwhite voters; Republicans hold a commanding lead among white voters without a college degree. As in the July Times/Siena survey, Republicans show even greater strength among white voters without a degree than they did in 2020, with an overwhelming 61%-29% lead among that group.

Jason Anzaldua, a Republican from Jefferson County, Arkansas, who is a police lieutenant in rural Redfield, said that he could not afford the gas to transport his children to compete in rodeo events and had to sell some of his horses because the price of feed was too high. But he said he was equally frustrated with what he saw as Biden’s disrespect of those who supported Trump and the MAGA movement.

“I swore an oath to the Constitution to uphold it, to protect it, to protect the citizens here on America’s front lines,” Anzaldua said. “So for him to stand up and tell me that I’m part of the problem is a slap in the face as an American.”

Democrats and Republicans were nearly equally likely to say they intended to turn out this November, with 52% of Republicans and 51% of Democrats saying they were “almost certain” to vote.

Voters continue to believe that abortion should be mostly or always legal by around a 2-1 margin. However, the supporters of legal abortion rights enjoy an even larger enthusiasm edge: 52% of voters said they strongly opposed the Supreme Court’s ruling to overturn Roe v. Wade; just 19% said they strongly supported it.

“What has taken place is unacceptable to me,” said James Moran, 82, a registered Republican from New Rochelle, New York, who said that he planned to vote Democratic this year. “They’ve denied women the ability to control their own bodies. Should there be some limit on that? There’s limits on everything but everything within reason.”

Vindman: Trump’s “corrupt scheme” had direct tie-in to Russian invasion of Ukraine

The Day, New London, Conn

Vindman: Trump’s “corrupt scheme” had direct tie-in to Russian invasion of Ukraine

Elizabeth Regan, The Day, New London, Conn. – September 16, 2022

Sep. 16—NEW LONDON — Retired U.S. Army Lt. Col. Alexander Vindman on Thursday evening told a receptive audience at Connecticut College that the “corrupt scheme” precipitating the first impeachment of then- President Donald Trump had a “direct tie-in” to the invasion of Ukraine.

Touted by the college as a preeminent expert on the ongoing Russia-Ukraine conflict and its impact on the global economy, Vindman took the stage to a standing ovation from the roughly 500 people in attendance.

The decorated officer’s appearance was part of a series bringing national figures to Connecticut College each fall. It was sponsored by the Sound Lab Foundation and Friends of the Connecticut College Library.

Vindman, who gained prominence for bringing attention to Trump’s efforts to get Ukraine President Volodymyr Zelenskyy to investigate Joe Biden and his family, said the plan showed Russian President Vladimir Putin the vulnerabilities in the relationship between the US and Ukraine.

“The president was offering a clear signal that personal interests were to be placed above national security interests,’ he said. “And there was an opportunity to take care of something that Putin has been wanting to solve for a very very long time, which is deal with a Ukraine that was instrumental in the collapse of the Soviet Union.”

He said Ukraine’s vote for independence in 1991 “put the nail in the coffin of the Soviet Union.”

Vindman, who was born in what was then the Ukrainian Soviet Socialist Republic and came to the U.S. as a 3-year-old, is an Iraq War combat veteran and Purple Heart recipient. He served in the U.S. embassies in Kyiv and Moscow before accepting an assignment in 2018 with the National Security Council.

Vindman walked into international spotlight the following year amid the allegations Trump was trying to influence Zelenskyy. He testified at Trump’s first impeachment inquiry that he was concerned by Trump’s July 25, 2019 phone call with Zelenskyy and reported his concerns to the NSC’s legal counsel, saying he “did not think it was proper to demand that a foreign government investigate a U.S. citizen.”

Trump ousted Vindman in February 2020, and Vindman retired from the Army that July with 21 years of military service.

The retired lieutenant colonel in February filed a federal lawsuit against Donald Trump Jr., Rudy Giuliani and two former White House staff members for allegedly intimidating and retaliating against him for testifying in the first impeachment of Trump.

Vindman said Biden’s administration has also made mistakes in its messaging to Russia. He said Biden’s public announcement that there would not be any American boots on the ground in Ukraine further emboldened a president who’d been enabled for more than two decades by global inaction.

“To Putin, it was a green light,” he said.

Vindman suggested Biden should have employed “strategic ambiguity” instead. Just because a principal is right doesn’t mean it needs to be stated, he said; it’s better to leave the opponent wondering what the plan is.

Asked during a question-and-answer session if he has any plans to run for elected office, Vindman was strategically ambiguous.

He is now a senior advisor for VoteVets, a Ph.D. student and fellow at the Johns Hopkins School of Advanced International Studies, and a board member of the nonprofit Renew Democracy Initiative.

Trump warns of ‘problems’ like ‘we’ve never seen’ if he’s indicted

Politico

Trump warns of ‘problems’ like ‘we’ve never seen’ if he’s indicted

Myah Ward and Andrew Desiderio – September 15, 2022

Mary Altaffer/AP Photo

Former President Donald Trump said Thursday the nation would face “problems … the likes of which perhaps we’ve never seen” if he is indicted over his handling of classified documents after leaving office, an apparent suggestion that such a move by the Justice Department could spark violence from Trump’s supporters.

The former president said an indictment wouldn’t stop him from running for the White House again and repeatedly said Americans “would not stand” for his prosecution.

“If a thing like that happened, I would have no prohibition against running,” Trump said in an interview with conservative talk radio host Hugh Hewitt. “I think if it happened, I think you’d have problems in this country the likes of which perhaps we’ve never seen before. I don’t think the people of the United States would stand for it.”

Hewitt asked Trump what he meant by “problems.”

“I think they’d have big problems. Big problems. I just don’t think they’d stand for it. They will not sit still and stand for this ultimate of hoaxes,” Trump said.

It’s not the first time Republicans have hinted at potential civil unrest if the DOJ indicts Trump. Republican Sen. Lindsey Graham made headlines last month when he said there would be “riots in the street” if “there is a prosecution of Donald Trump for mishandling classified information.” Graham’s comments were slammed as “irresponsible” and “shameful.” White House press secretary Karine Jean-Pierre, without naming the South Carolina senator, said these comments from “extreme Republicans” were “dangerous.”

Hewitt appeared to see Trump’s comments as a nod toward potential unrest, asking the former president how he would respond when the “legacy media” accuses him of inciting violence.

“That’s not inciting. I’m just saying what my opinion is,” Trump said. “I don’t think the people of this country would stand for it.”

On Capitol Hill, senior FBI and DHS officials briefed members of the Senate Judiciary and Homeland Security committees Thursday on the uptick in threats against federal law enforcement in the aftermath of the Mar-a-Lago search. Senators said the briefers didn’t specifically pinpoint a politician or political party when it comes to the threats, but they said the trend was clear.

“It was stunning the number of threats that have been cataloged since the Aug. 8 search of Mar-a-Lago,” Senate Judiciary Chair Dick Durbin (D-Ill.) said after the briefing, specifically mentioning the gunman who tried to enter an FBI building in Cincinnati, Ohio, in the days following the search. “It’s a much more dangerous environment because of the political statements made by some individuals since Aug. 8 — it’s alarming to me.”

Durbin said the threats ranged from explicit and specific to more generalized ones, most notably on social media. He also called out Trump for his rhetoric.

“Inviting a mob to return to the streets is exactly what happened here on Jan. 6, 2021. This president knew what he was doing…and we saw the results,” Durbin added. “His careless, inflammatory rhetoric has its consequences.”

Sen. Rick Scott (R-Fla.), a Trump ally and member of the Homeland Security Committee, said after the briefing that the Justice Department needed to be more transparent about the justification for the search in order to push back against “conspiracies.”

“You have to give people good information so these rumors don’t continue,” Scott said, condemning attacks on law enforcement. “I don’t know why they raided the former president’s house … They know the conspiracy theories that are out there. So convince people that they’re not true.”

The FBI search of Trump’s Mar-a-Lago residence in Florida sparked a political firestorm last month. According to a Justice Department court filing released in August, prosecutors obtained a search warrant for the estate after receiving evidence there was “likely” an effort to conceal classified documents at the residence in defiance of a grand jury subpoena. Agents recovered highly classified records mixed among personal items, in addition to dozens of empty folders with classified markings.

The DOJ and Trump’s lawyers are now in the midst of legal deliberations on an outside review of the seized documents.

Graham, one of Trump’s staunchest Capitol Hill allies, echoed concerns that the Justice Department may have overstepped in its dealings with the former president. But he left open the possibility that the department’s probe could uncover material that might justify an indictment.

“There’s a belief from many on the right that the DOJ and the FBI have been less than unbiased when it comes to Trump. But having said that, nobody’s above the law including the president, but the law’s gonna be about politics,” Graham said. “So let’s wait and see what they find. I’ve got an open mind about what they find, but they need to have something that would justify what I think is political escalation.”

Speaking with Hewitt on Thursday, Trump continued to use the defense that he “declassified” everything he took to Mar-a-Lago, a claim his legal team has thus far declined to make in court.

Rhetoric that could be seen as alluding to violence is not out of character for Trump. In his speech on Jan. 6, 2021, to supporters before rioters stormed the Capitol in an effort to block the certification of President Joe Biden’s Electoral College victory, the then-president told the crowd to “fight much harder” against “bad people” and to “show strength.” His comments that day have been a focal point of Jan. 6 select committee’s investigation into the president and his inner circle, with investigators using one of their summer hearings to make the case that Trump’s efforts to hold on to power resonated with extremist groups and brought them to the Capitol.

Nancy Vu contributed to this report.

In Arizona, worry about access to Colorado River water

Associated Press

In Arizona, worry about access to Colorado River water

Tony Davis – September 13, 2022

FILE - Utah State University master's student Barrett Friesen steers a boat near Glen Canyon dam on Lake Powell on June 7, 2022, in Page, Ariz. In Arizona, water officials are concerned, though not panicking, about getting water in the future from the Colorado River as its levels decline and the federal government talks about the need for states in the Colorado River Basin to reduce use. (AP Photo/Brittany Peterson, File)
Utah State University master’s student Barrett Friesen steers a boat near Glen Canyon dam on Lake Powell on June 7, 2022, in Page, Ariz. In Arizona, water officials are concerned, though not panicking, about getting water in the future from the Colorado River as its levels decline and the federal government talks about the need for states in the Colorado River Basin to reduce use. (AP Photo/Brittany Peterson, File)
FILE - The Colorado River flows at Horseshoe Bend in Glen Canyon National Recreation Area, Wednesday, June 8, 2022, in Page, Ariz. In Arizona, water officials are concerned, though not panicking, about getting water in the future from the Colorado River as its levels decline and the federal government talks about the need for states in the Colorado River Basin to reduce use. (AP Photo/Brittany Peterson, File)
 The Colorado River flows at Horseshoe Bend in Glen Canyon National Recreation Area, Wednesday, June 8, 2022, in Page, Ariz. In Arizona, water officials are concerned, though not panicking, about getting water in the future from the Colorado River as its levels decline and the federal government talks about the need for states in the Colorado River Basin to reduce use. (AP Photo/Brittany Peterson, File)
FILE - Water from the Colorado River diverted through the Central Arizona Project fills an irrigation canal, Aug. 18, 2022, in Maricopa, Ariz. In Arizona, water officials are concerned, though not panicking, about getting water in the future from the Colorado River as its levels decline and the federal government talks about the need for states in the Colorado River Basin to reduce use. (AP Photo/Matt York, File)
 Water from the Colorado River diverted through the Central Arizona Project fills an irrigation canal, Aug. 18, 2022, in Maricopa, Ariz. In Arizona, water officials are concerned, though not panicking, about getting water in the future from the Colorado River as its levels decline and the federal government talks about the need for states in the Colorado River Basin to reduce use. (AP Photo/Matt York, File)
FILE - New home construction encroaches dormant fields owned by Kelly Anderson, left, Aug. 18, 2022, in Maricopa, Ariz. Anderson grows specialty crops for the flower industry and leases land to alfalfa farmers whose crops feed cattle at nearby dairy farms. (AP Photo/Matt York, File)
New home construction encroaches dormant fields owned by Kelly Anderson, left, Aug. 18, 2022, in Maricopa, Ariz. Anderson grows specialty crops for the flower industry and leases land to alfalfa farmers whose crops feed cattle at nearby dairy farms. (AP Photo/Matt York, File)
FILE - Boats move along Lake Powell along the Upper Colorado River Basin, June 9, 2021, in Wahweap, Ariz. In Arizona, water officials are concerned, though not panicking, about getting water in the future from the Colorado River as its levels decline and the federal government talks about the need for states in the Colorado River Basin to reduce use. (AP Photo/Ross D. Franklin, File)
Boats move along Lake Powell along the Upper Colorado River Basin, June 9, 2021, in Wahweap, Ariz. In Arizona, water officials are concerned, though not panicking, about getting water in the future from the Colorado River as its levels decline and the federal government talks about the need for states in the Colorado River Basin to reduce use. (AP Photo/Ross D. Franklin, File)
FILE - Tourists carry a kayak up a sandy hill Tuesday, June 7, 2022, in Page, Ariz. As Lake Powell levels drop, recreation is becoming tougher to access as boat ramps and marinas close. (AP Photo/Brittany Peterson, File)
 Tourists carry a kayak up a sandy hill Tuesday, June 7, 2022, in Page, Ariz. As Lake Powell levels drop, recreation is becoming tougher to access as boat ramps and marinas close. (AP Photo/Brittany Peterson, File)

TUCSON, Ariz. (AP) — Robbie Woodhouse’s grandfather began nearly a century of family farming along the Gila River near Yuma in the middle 1920s when he dug up a bunch of mesquite stumps on his land to make way for his barley, wheat, Bermuda seed, cotton and melon fields.

Farming never really took off at the Woodhouse homestead until 1954, when the federal government finished a 75-mile-long concrete canal to bring Colorado River water to what’s now known as the Wellton-Mohawk Irrigation and Drainage District, which covers about 58,500 acres along the Gila River east of the Colorado.

Today, Woodhouse presides over the governing board of a district with more than 120 individual growers, partnerships, trusts and other operating entities growing about 100 different crops, including seed crops as well as staples like wheat, cotton, lettuce and other produce. Wellton-Mohawk is one of six agricultural districts in the Yuma area that together grow 90% of the cauliflower, lettuce, broccoli and other winter vegetables sold in the U.S.

But now, the future of this district, of farming in the Yuma area in general and of Arizona’s second largest drinking water supply for urban residents are all mired in a sea of uncertainty. Due to a logjam in interstate negotiations for massive cuts in Colorado River water deliveries, farmers and urban users have no idea how much water use they’ll be ordered to cut, possibly starting next year.

All the Yuma area irrigation districts depend entirely on Colorado River water to nourish their crops. While groundwater does lie beneath many of the farm fields, its quality is uncertain or poor in many places.

“Obviously we’re very, very concerned,” said Woodhouse, whose 1,250 acres grow mostly produce, such as cauliflower, broccoli and lettuce. “Without the water, we don’t grow anything. But I wouldn’t say we are scared. We do feel an obligation to do our part.”

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EDITOR’S NOTE: This is part of a collaborative series on the Colorado River as the 100th anniversary of the historic Colorado River Compact approaches. The Associated Press, The Colorado Sun, The Albuquerque Journal, The Salt Lake Tribune, The Arizona Daily Star and The Nevada Independent are working together to explore the pressures on the river in 2022.

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Water officials of Arizona cities of Tucson, Goodyear and Scottsdale are also concerned and a little on edge although they’re not panicking. They are the most dependent of Arizona cities on river water delivered through the Central Arizona Project, a $4 billion, 336-mile-long canal system running from the river to the Phoenix and Tucson areas.

While all these cities have backup supplies, led by groundwater, to cushion them in the short- to medium-term in the event of river water cuts, their long-term picture is more uncertain because the CAP was extended into Arizona nearly 40 years ago precisely to get them off groundwater.

Arizona got about 36% of its total water supply from the river as recently as 2020. That share of river water feeding farms and cities has declined some since then, with the advent of a federally approved Drought Contingency Plan that will cut the state’s river water use by 21% starting in 2023. It’s expected to drop even further in the coming years but nobody knows how much right now.

The uncertainty was triggered first in June, when Reclamation Commissioner Camille Touton testified at a U.S. Senate Committee hearing that to stabilize the river’s declining reservoirs Lakes Mead and Powell, the basin states need to cut their water use by roughly up to 30% starting in 2023, and come up with a plan to do that by mid-August. If a plan doesn’t appear by then, she warned the federal government would impose its own, to “protect the system.”

But mid-August came and went with no agreement and no plan or timetable for a plan from the bureau. The bureau did say at an Aug. 16 news conference, however, that it was going to look closely at several measures such as modifying the Hoover and Glen Canyon dams so they can keep delivering water at lower elevations and counting evaporation of water from Lake Mead and the river against the Lower Basin’s total water supply, thereby reducing that supply by hundreds of thousands of acre-feet a year.

So now, Wellton Mohawk and the other irrigation districts are pushing a plan to cut one acre-foot of water used per acre annually, on 925,000 acres along the Lower Colorado River in Arizona and California. In return, they’re seeking $1,500 an acre-foot in compensation, or a total of $1.387 billion annually.

With that money, they’ll invest in water-efficient farming tools like drip irrigation, gradually switch to less thirsty crops from water-slurping alfalfa and weather economic losses from reduced water use, Woodhouse said.

“What we want to have happen is for each individual farmer to operate their farms in the matter that they want to operate and plant the crops that they feel they can maintain the fertility of their soils,” he said. “I’m sure it’s going to greatly change crop rotations and also change management practices of individual farmers, to exist on less water. It’s real important that those decisions be left to each individual farm.”

This proposal has been roundly criticized by urban water leaders, however. While saying farms must take the biggest water use curbs because they use 72% of Arizona’s water and close to 80% basin-wide, Central Arizona Project officials say the farmers’ price tag is unrealistically high and that whatever money is paid should be used strictly to modernize irrigation practices for the long term.

“Anytime anyone wants to sit down with us and talk about it, we’re more than willing to do so. But no one has been willing to discuss it,” countered Wade Noble, an attorney representing the Yuma-area irrigation districts. “Until we get to that point, our voluntary forbearance of a significant amount of the water we control will remain on the terms we put on the table. We’re not going to negotiate with ourselves.”

Where both Arizona farms and cities agree is that the other river basin states and the federal government haven’t moved fast enough to reduce water use.

“Reclamation has got to show some leadership and say this has got to be done and give us a guide map as to how the system is protected as the commissioner promised what it would be,” Noble said.

The CAP’s board president Terry Goddard and its previous president Lisa Atkins wrote a letter on Aug. 19 to Interior Secretary that made essentially the same point. To date, no written response from Interior has been forthcoming.

With no action forthcoming on a deal, some Arizona water users have pulled back on past commitments to leave water in Lake Mead to prop it up. The Tucson City Council, for instance, had pledged earlier this year to leave 30,000 acre-feet in the lake in 2022 and 2023 but has since backed off that pledge and voted to order its full allocation of 144,191 acre-feet for 2023 pending the negotiations’ outcome. The Gila River Indian Community withdrew an even larger commitment, to leave nearly 130,000 acre-feet in Mead next year. The CAP is holding onto 35,000 acre-feet it was going to leave in Mead and announced plans to remove another 18,000 acre-feet from the lake next year.

“Unfortunately, the community has been shocked and disappointed to see the complete lack of progress in reaching the kind of cooperative basin-wide plan necessary to save the Colorado River system,” said Gila River Indian Community Chairman Stephen Roe Lewis.

Until now, it’s left almost 600,000 other acre-feet of its CAP supply in Mead since 2016. In 2022 alone, CAP users and other Arizona Colorado River users left nearly 800,000 acre-feet in Mead, led by 512,000 acre-feet it legally had to leave there under the terms of the 2019 Drought Contingency Plan due to the lake’s falling levels. Arizona and California left another 268,000 acre-feet in the lake this year from what’s called the “500 Plus Plan,” which had sought a half-million acre-feet in voluntary contributions to the lake, but projections for next year show more water will be removed from the lake under that plan than will be left in it.

Many Arizona cities using river water are preparing for the inevitability they’ll have to use less. In Goodyear, in the Phoenix area’s West Valley, whose population is about 101,000, the city has recharged about half of its annual CAP supplies into the ground for several years. It’s also been recharging treated sewage effluent into the ground, and has stored a total of seven years’ supply of both sources. It anticipates no short-term problems in delivering water to customers, said Ray Diaz, Goodyear’s water resources and sustainability manager.

Colorado River shortfalls aren’t going to affect what the city does now but could in the future.

“What would happen if we were shorted and had to continue our approved development?” said Diaz. “It’s something we would have to look into and really assess what we could afford for the future — how much water we can provide.”

In Scottsdale in the Phoenix area’s East Valley, CAP supplies about 70% of the water for its 250,000 residents. Most is delivered directly to homes and businesses rather than recharged. If the city had to sustain a large cut in CAP supplies, it would have to rely much more heavily on groundwater, said Gretchen Baumgardner, the city’s water policy manager.

It has stored about 230,000 acre-feet of CAP water and treated sewage effluent in the ground — about 2.5 years worth of its current supply — but town officials don’t want to use it all at once, Baumgardner said. It also gets about 15% of its supply from Salt and Verde River surface supplies, delivered by the quasi-public utility the Salt River Project.

“There will be a larger portion of groundwater” used in the future, said Baumgardner, adding that city officials won’t know how much until they learn how drastic the cuts in CAP deliveries will be.

The city is also looking to extend its supply further. Its wastewater treatment plant in North Scottsdale operates a pilot project to treat a small amount of effluent to exceed state drinking water standards, a process called “direct potable reuse.” The city is working with the State Department of Environmental Quality to help set up new state regulations that would allow the plant to reuse its wastewater for drinking on a larger scale.

But when asked if a “Day Zero” could ever arrive in which Scottsdale failed to meet all residents’ demands for water, Baumgardner replied, “It’s just one of those uncertainties right now. That will really be hard to answer,” in part because of a pending effort by federal officials to overhaul its guidelines for operating its reservoirs — an effort that won’t be finished until 2026.

In Tucson, officials of the Tucson Water utility are more optimistic about their ability to survive major CAP cuts. The utility about 40 years ago signed up to take almost a third more CAP water than it needs today to serve the 735,610 customers living inside and outside city limits. That’s allowed it to store nearly five and a half years worth of CAP in large, recharge basins — water that can be pumped when needed during CAP shortages later. The utility also has access to a huge aquifer lying under a large expanse of former farmland northwest of the city that it bought and retired in the 1970s. It also is regularly recharging and storing underground large amounts of partially treated effluent that can be pumped later for drinking.

But there is one cautionary note. A recent Bureau of Reclamation study found that as the Southwest’s climate warms up, runoff of melting snows into rivers and washes surrounding the city is likely to decline, meaning less water will be replenishing its aquifer than in the past. That would increase the possibility that groundwater pumping in place of CAP water use could put increased pressure on the aquifer, triggering higher pumping costs and more likelihood of subsidence in which the ground collapses, possibly triggering fissures.

Ultimately, the story of CAP water in Arizona is a story about groundwater, added Kathryn Sorensen, a researcher for Arizona State University’s Kyl Center for Water Policy. When there’s less Colorado River water delivered to Arizona, the cities, farms and other users fall back on groundwater, she said.

“We are very blessed to have plentiful aquifers in central Arizona we can fall back on,” Sorensen said while noting they are fossil aquifers, meaning water entered them thousands of years ago and they are not easily replaced.

“If we pump them and are unable to replenish the pumping, the aquifers will pay the price,” she said.

Panel: Archives still not certain it has all Trump records

Associated Press

Panel: Archives still not certain it has all Trump records

Farnoush Amirit – September 13, 2022

WASHINGTON (AP) — The National Archives is still not certain that it has custody of all Donald Trump’s presidential records even after the FBI search of his Mar-a-Lago club, a congressional committee said in a letter Tuesday.

The House Committee on Oversight and Reform revealed that staff at the Archives on an Aug. 24 call could not provide assurances that they have all of Trump’s presidential records. The committee in the letter asked the Archives to conduct an assessment of whether any Trump records remain unaccounted for and potentially in his possession.

“In light of revelations that Mr. Trump’s representatives misled investigators about his continued possession of government property and that material found at his club included dozens of ‘empty folders’ for classified material, I am deeply concerned that sensitive presidential records may remain out of the control and custody of the U.S. Government,” Rep. Carolyn Maloney, D-N.Y., the chairwoman of the Oversight Committee, wrote in the letter.

The House committee has jurisdiction over the Presidential Records Act, a 1978 law that requires the preservation of White House documents as property of the U.S. government. The request is the latest development in a months long back-and-forth between the agency and the committee, which has been investigating Trump’s handling of records.

Trump wants his White House records back so he can add them to his presidential library

Donald Trump asked for all documents taken from his Mar-a-Lago home to be returned so that he can give the files to the National Archives and Records Administration, while also claiming they will be needed again later for his presidential library.

The request also comes weeks after the FBI recovered more than 100 documents with classified markings and even more than 10,000 other government documents from Trump’s Mar-a-Lago estate. The search came after lawyers for Trump provided a sworn certification that all government records had been returned.

Maloney and other Democratic lawmakers on the panel have been seeking a briefing from the National Archives, but haven’t received one due to the Justice Department’s ongoing criminal investigation into the matter.

But the letter notes a call between Archives staff and the committee on Aug. 24, where lawmakers were informed that documents could still be missing.

As a result, Maloney wrote, the committee is asking the agency to conduct an “urgent review” of all of the government records that have been recorded from the Trump White House to determine whether any additional records remain unaccounted for and potentially in the possession of the former president.

In addition, the committee also asked for the Archives to get a personal certification from Trump “that he has surrendered all presidential records that he illegally removed from the White House after leaving office.”

The committee is asking the Archives to provide an initial assessment of this review by Sept. 27.

100 years after compact, Colorado River nearing crisis point

Associated Press

100 years after compact, Colorado River nearing crisis point

Chris Outsalt and Brittany Peterson – September 12, 2022

Alyssa Chubbuck, left, and Dan Bennett embrace while watching the sunset at Guano Point overlooking the Colorado River on the Hualapai reservation Monday, Aug. 15, 2022, in northwestern Arizona. In November 1922, seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. During the past two decades, pressure has intensified on the river as the driest 22-year stretch in the past 1,200 years has gripped the southwestern U.S. (AP Photo/John Locher)
Alyssa Chubbuck, left, and Dan Bennett embrace while watching the sunset at Guano Point overlooking the Colorado River on the Hualapai reservation Monday, Aug. 15, 2022, in northwestern Arizona. In November 1922, seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. During the past two decades, pressure has intensified on the river as the driest 22-year stretch in the past 1,200 years has gripped the southwestern U.S. (AP Photo/John Locher)
FILE - A formerly sunken boat sits upright into the air with its stern stuck in the mud along the shoreline of Lake Mead at the Lake Mead National Recreation Area, June 10, 2022, near Boulder City, Nev. In November 1922, seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. During the past two decades, pressure has intensified on the river as the driest 22-year stretch in the past 1,200 years has gripped the southwestern U.S. (AP Photo/John Locher, File)
FILE – A formerly sunken boat sits upright into the air with its stern stuck in the mud along the shoreline of Lake Mead at the Lake Mead National Recreation Area, June 10, 2022, near Boulder City, Nev. In November 1922, seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. During the past two decades, pressure has intensified on the river as the driest 22-year stretch in the past 1,200 years has gripped the southwestern U.S. (AP Photo/John Locher, File)
In this photo provided by the U.S. Bureau of Reclamation, Commerce Secretary Herbert Hoover presides over the signing of the Colorado River Compact in Santa Fe, N.M., on Nov. 24, 1922. Seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. (U.S. Bureau of Reclamation via AP)
In this photo provided by the U.S. Bureau of Reclamation, Commerce Secretary Herbert Hoover presides over the signing of the Colorado River Compact in Santa Fe, N.M., on Nov. 24, 1922. Seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. (U.S. Bureau of Reclamation via AP)
Garnett Querta carries a hose as he fills his water truck on the Hualapai reservation Monday, Aug. 15, 2022, near Peach Springs, Ariz. The divvying up between Colorado River Basin states never took into account Indigenous Peoples or many others, and from the start the calculation of who should get what amount of that water may never have been balanced. (AP Photo/John Locher)
Garnett Querta carries a hose as he fills his water truck on the Hualapai reservation Monday, Aug. 15, 2022, near Peach Springs, Ariz. The divvying up between Colorado River Basin states never took into account Indigenous Peoples or many others, and from the start the calculation of who should get what amount of that water may never have been balanced. (AP Photo/John Locher)
A truck tire once in the water as part of a marina sits on dry ground as water levels have dropped near the Callville Bay Resort & Marina in the Lake Mead National Recreation Area, Tuesday, Aug. 30, 2022, near Boulder City, Nev. In November 1922, seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. During the past two decades, pressure has intensified on the river as the driest 22-year stretch in the past 1,200 years has gripped the southwestern U.S. (AP Photo/John Locher)
A truck tire once in the water as part of a marina sits on dry ground as water levels have dropped near the Callville Bay Resort & Marina in the Lake Mead National Recreation Area, Tuesday, Aug. 30, 2022, near Boulder City, Nev. In November 1922, seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. During the past two decades, pressure has intensified on the river as the driest 22-year stretch in the past 1,200 years has gripped the southwestern U.S. (AP Photo/John Locher)
Floating boat docks sit on dry ground as water levels have dropped near the Callville Bay Resort & Marina in the Lake Mead National Recreation Area, Tuesday, Aug. 30, 2022, near Boulder City, Nev. As water levels plummet, calls for reduced use have often been met with increased population growth. (AP Photo/John Locher)
Floating boat docks sit on dry ground as water levels have dropped near the Callville Bay Resort & Marina in the Lake Mead National Recreation Area, Tuesday, Aug. 30, 2022, near Boulder City, Nev. As water levels plummet, calls for reduced use have often been met with increased population growth. (AP Photo/John Locher)
Water flows along the All-American Canal Saturday, Aug. 13, 2022, near Winterhaven, Calif. In November 1922, seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. During the past two decades, pressure has intensified on the river as the driest 22-year stretch in the past 1,200 years has gripped the southwestern U.S. (AP Photo/Gregory Bull)
Water flows along the All-American Canal Saturday, Aug. 13, 2022, near Winterhaven, Calif. In November 1922, seven land-owning white men brokered a deal to allocate water from the Colorado River, which winds through the West and ends in Mexico. During the past two decades, pressure has intensified on the river as the driest 22-year stretch in the past 1,200 years has gripped the southwestern U.S. (AP Photo/Gregory Bull)

DENVER (AP) — The intensifying crisis facing the Colorado River amounts to what is fundamentally a math problem.

The 40 million people who depend on the river to fill up a glass of water at the dinner table or wash their clothes or grow food across millions of acres use significantly more each year than actually flows through the banks of the Colorado.

In fact, first sliced up 100 years ago in a document known as the Colorado River Compact, the calculation of who gets what amount of that water may never have been balanced.

“The framers of the compact — and water leaders since then — have always either known or had access to the information that the allocations they were making were more than what the river could supply,” said Anne Castle, a senior fellow at the Getches-Wilkinson Center at the University of Colorado Law School.

EDITOR’S NOTE: This is part of a collaborative series on the Colorado River as the 100th anniversary of the historic Colorado River Compact approaches. The Associated Press, The Colorado Sun, The Albuquerque Journal, The Salt Lake Tribune, The Arizona Daily Star and The Nevada Independent are working together to explore the pressures on the river in 2022.

During the past two decades, however, the situation on the Colorado River has become significantly more unbalanced, more dire.

A drought scientists now believe is the driest 22-year stretch in the past 1,200 years has gripped the southwestern U.S., zapping flows in the river. What’s more, people continue to move to this part of the country. Arizona, Utah and Nevada all rank among the top 10 fastest growing states, according to U.S. Census data.

While Wyoming and New Mexico aren’t growing as quickly, residents watch as two key reservoirs — popular recreation destinations — are drawn down to prop up Lake Powell. Meanwhile, southern California’s Imperial Irrigation District uses more water than Arizona and Nevada combined, but stresses their essential role providing cattle feed and winter produce to the nation.

Until recently, water managers and politicians whose constituents rely on the river have avoided the most difficult questions about how to rebalance a system in which demand far outpaces supply. Instead, water managers have drained the country’s two largest reservoirs, Lake Mead and Lake Powell, faster than Mother Nature refills them.

In 2000, both reservoirs were about 95% full. Today, Mead and Powell are each about 27% full — once-healthy savings accounts now dangerously low.

The reservoirs are now so low that this summer Bureau of Reclamation Commissioner Camille Touton testified before the U.S. Senate Energy and Natural Resources Committee that between 2 million and 4 million acre-feet would need to be cut next year to prevent the system from reaching “critically low water levels,” threatening reservoir infrastructure and hydropower production.

The commissioner set an August deadline for the basin states to come up with options for potential water cuts. The Upper Basin states — Colorado, Utah, New Mexico and Wyoming — submitted a plan. The Lower Basin states — California, Arizona and Nevada — did not submit a combined plan.

The bureau threatened unilateral action in lieu of a basin-wide plan. When the 60-day deadline arrived, however, it did not announce any new water cuts. Instead, the bureau announced that predetermined water cuts for Arizona, Nevada and Mexico had kicked in and gave the states more time to come up with a basin-wide agreement.

STILL LEFT OUT

A week before Touton’s deadline, the representatives of 14 Native American tribes with water rights on the river sent the Bureau of Reclamation a letter expressing concern about being left out of the negotiating process.

“What is being discussed behind closed doors among the United States and the Basin States will likely have a direct impact on Basin Tribes’ water rights and other resources and we expect and demand that you protect our interests,” tribal representatives wrote.

Being left out of Colorado River talks is not a new problem for the tribes in the Colorado River Basin.

The initial compact was negotiated and signed on Nov. 24, 1922, by seven land-owning white men, who brokered the deal to benefit people who looked like them, said Jennifer Pitt of the National Audubon Society, who is working to restore rivers throughout the basin.

“They divided the water among themselves and their constituents without recognizing water needs for Mexico, the water needs of Native American tribes who were living in their midst and without recognizing the needs of the environment,” Pitt said.

Mexico, through which the tail of the Colorado meanders before trickling into the Pacific Ocean, secured its supply through a treaty in 1944. The treaty granted 1.5 million acre-feet on top of the original 15 million acre-feet that had already been divided, 7.5 million each for the Upper and Lower Basins.

Tribes, however, still don’t have full access to the Colorado River. Although the compact briefly noted that tribal rights predate all others, it lacked specificity, forcing individual tribes to negotiate settlements or file lawsuits to quantify those rights, many of which are still unresolved. It’s important to recognize the relationship between Native and non-Native people at that time, said Daryl Vigil, water administrator for the Jicarilla Apache Nation in New Mexico.

“In 1922, my tribe was subsistence living,” Vigil said. “The only way we could survive was through government rations on a piece of land that wasn’t our traditional homeland. That’s where we were at when the foundational law of the river was created.”

COMPETING INTERESTS

Agriculture uses the majority of the water on the river, around 70% or 80% depending on what organization is making the estimate. When it comes to the difficult question of how to reduce water use, farmers and ranchers are often looked to first.

Some pilot programs have focused on paying farmers to use less water, but unanswered questions remain about how to transfer the savings to Lake Powell for storage or how to create a program in a way that would not negatively impact a farmer’s water rights.

Antiquated state laws mean the amount of water that a water right gives someone access to can be decreased if not fully used.

That’s why the Camblin family ranch in Craig in northwest Colorado plans to flood irrigate once a decade, despite recently upgrading to an expensive, water-conserving pivot irrigation system. Nine years out of 10, they’ll receive payment from a conservation group in exchange for leaving the surplus water in the river. But in Colorado, the state revokes water rights after 10 years if they aren’t used.

Not only would losing that right mean they can’t access a backup water supply should their pivot system fail, but their property’s value would plummet, Mike Camblin explained. He runs a yearling cattle operation with his wife and daughter, and says an acre of land without water sells for $1,000, about a fifth of what it would sell for with a water right attached.

There are other ways to improve efficiency, but money is still often a barrier.

Wastewater recycling is growing across the region, albeit slowly, as it requires massive infrastructure overhauls. San Diego built a robust desalination plant to turn seawater to drinking water, and yet some agricultural users are trying to get out of their contract since the water is so expensive. Some cities are integrating natural wastewater filtration into their landscaping before the water flows back to the river. It’s all feasible, but is costly, and those costs often get passed directly to water users.

One of the biggest opportunities for water conservation is changing the way our landscapes look, said Lindsay Rogers, a water policy analyst at Western Resource Advocates, a nonprofit dedicated to protecting water and land in the West.

Converting a significant amount of outdoor landscaping to more drought-tolerant plants would require a combination of policies and incentives, Rogers explained. “Those are going to be really critical to closing our supply-demand gap.”

After years of incentive programs for residents, Las Vegas recently outlawed all nonfunctional grass by 2026, setting a blueprint for other Western communities. For years, the city has also paid residents to rip out their lawns.

In Denver, Denver Water supplies about 25% of the state’s population and uses about 2% of the water. The city has had mandatory restrictions in place for years, limiting home irrigation to three days per week.

This summer, in southern California, the Metropolitan Water District instituted an unprecedented one-day-a-week water restriction.

Still, regardless of the type of water use, more concessions must be made.

“The law of the river is not suited to what the river has become and what we see it increasingly becoming,” Audubon’s Pitt said. “It was built on the expectation of a larger water supply than we have.”

For Trump’s Lawyers, Legal Exposure Comes With the Job

The New York Times

For Trump’s Lawyers, Legal Exposure Comes With the Job

Michael S. Schmidt and Luke Broadwater – September 11, 2022

A dark joke has begun circulating among lawyers following the many legal travails of former President Donald Trump: MAGA actually stands for “making attorneys get attorneys.”

Over six years and nine major investigations by Congress, the Justice Department and local prosecutors, as Trump has managed to avoid removal from the presidency and indictment, it has become clear that serving as one of his lawyers is a remarkably risky job — and one that can involve considerable legal exposure. Time after time, his attorneys have been asked to testify as witnesses to potential crimes — or evaluated as possible criminal conspirators themselves.

While the consequences his lawyers faced were extraordinary when Trump was in the White House, the dangers have only intensified since he left office and have become increasingly acute in recent weeks, as the former president has come under scrutiny in two different Justice Department investigations and has been forced yet again to find lawyers willing to represent him.

Last week, a Justice Department filing revealed that Trump’s lawyers had misled federal investigators about whether he had handed over to the Justice Department all the classified documents he took from the White House when he left office. That raised questions about whether the lawyers, M. Evan Corcoran and Christina Bobb, could be prosecuted themselves and might ultimately be forced to become witnesses against their client. (Bobb recently retained a lawyer, according to a person familiar with the situation.)

The revelation capped a summer in which a team of lawyers that had been advising Trump as he tried to overturn the 2020 election faced a range of repercussions across the country from federal investigators, local prosecutors, state bar associations and government accountability groups.

One of Trump’s highest-profile lawyers, Rudy Giuliani, was named as a target in a state criminal investigation in Georgia. Conservative lawyer John Eastman, who came up with what he conceded privately was an unlawful strategy to help Trump overturn the election, said he believed he was a target in that same investigation and declined to answer questions while being deposed before a grand jury. Giuliani and Eastman have also been named as subjects of interest in a flurry of federal grand jury subpoenas seeking evidence about attempts by Trump’s allies to create fake slates of electors to help keep him in office.

Two others who worked for Trump in the White House — White House counsel Pat A. Cipollone and his deputy Patrick F. Philbin — were subpoenaed to appear before a federal grand jury in Washington investigating the efforts to overturn the 2020 election, including the roles that Giuliani and Eastman had played in helping Trump.

Cipollone, Philbin and at least nine other lawyers who worked for Trump have testified before the congressional committee investigating the Jan. 6 attack. Earlier this year, Cipollone and Philbin also were interviewed by the FBI as part of its investigation into the classified documents investigation.

And 17 mostly lesser-known lawyers who represented Trump in battleground states as he tried to overturn the election are facing ethics complaints, putting them at risk of being disciplined or disbarred by bar associations or the courts.

Vigorously defending the client — even one known for unscrupulous behavior or accused of an egregious crime — is part of a lawyer’s basic job description. But attorneys are bound by a code of professional conduct that forbids them from crossing certain lines, including knowingly making false claims, filing frivolous lawsuits or motions, and doing anything to further a crime.

The adage for lawyers representing clients accused of criminality, said Fritz Scheller, a longtime Florida defense lawyer, is that at the end of the day, no matter how bad it may have been for the client, the lawyer still gets to walk out the front door of the courthouse without any personal legal issues.

“That bad day for the criminal defense attorney becomes his worst day when he leaves through the courthouse door used for defendants on their way to jail,” Scheller said.

Long before he became president, Trump viewed lawyers as tools to carry out whatever unsavory errand he required. As president, his disdain for institutional norms and demand for unswerving loyalty meant that Trump expected White House lawyers to act in his personal interest, whether or not doing so was within the bounds of the law or in the interest of the country.

He is also known for refusing to pay his lawyers for their work; last year, the Republican National Committee agreed to settle up to $1.6 million of Trump’s personal legal bills.

Six weeks after taking office, Trump made clear to his aides what he expected of his lawyers when he raged about Jeff Sessions, the attorney general, for recusing himself from the inquiry into whether Russia had meddled in the 2016 election.

“I don’t have a lawyer,” Trump said to aides in the Oval Office, including White House counsel Donald F. McGahn II. “Where’s my Roy Cohn?”

Trump was referring to the notorious New York fixer who had represented and mentored Trump in the 1970s when he was an up-and-coming real estate investor. Cohn, who was chief counsel to Sen. Joseph McCarthy during the 1954 Army-McCarthy hearings investigating suspected communists, was disbarred by a New York court in 1986 for unethical conduct.

Trump’s quest for such a lawyer fueled a destructive cycle: As his legal difficulties mounted, he hired more lawyers, who in turn faced problems for their work on his behalf, leading established lawyers concerned about their reputations to balk at representing him.

“There’s no way to adhere to your ethical integrity and keep your job,” Kimberly Wehle, a University of Baltimore law professor who has closely tracked the investigations into the Jan. 6, 2021, attack on the Capitol, said of the dilemma Trump’s lawyers have faced. “There’s just no way to not step into a mess.”

The personal ramifications of doing legal work for Trump became painfully apparent to lawyers around him four months into his administration when McGahn and several of his lieutenants — fearing they could be held responsible for Trump’s conduct — retained a high-powered Washington lawyer to represent them in an investigation into whether the president had obstructed justice.

Within two years, McGahn had racked up hundreds of thousands of dollars in legal bills, and prosecutors had turned him into a chief witness against Trump.

Around the same time, Trump’s longtime New York lawyer, Michael Cohen, began a three-year prison sentence for his role in paying off a woman in the final days of the 2016 presidential campaign to ensure she did not disclose an affair with Trump.

More recently, a long list of lawyers who have represented Trump have found themselves on the receiving end of ethics complaints and disciplinary action.

“Ultimately, we want to demonstrate to all the lawyers that the next time that Sidney Powell or Rudy Giuliani calls and says, ‘Hey, will you sign your name to this?’ they’ll say no because they’ll realize that there are professional consequences,” said Michael Teter, the director of the 65 Project, which has filed complaints against 40 lawyers who took part in suits challenging the 2020 results, including 17 last month.

Teter’s group has identified more than 110 lawyers across 26 states who agreed to participate in various plots by Trump and his allies as they sought to overturn the 2020 election. Thus far, at least 10 of them have been fined or sanctioned.

“This is part of a well-funded effort to attack every attorney who participated in any of the 2020 election challenges,” Eastman said in a statement in response to a bar complaint filed against him, adding that the goal of the 65 Project was to “shame them and make them toxic in their communities and their firms.”

The most serious repercussions have come for four lawyers who acted as ringleaders in the effort. Giuliani’s licenses to practice law in the District of Columbia and New York were suspended, while Powell has been sanctioned in Detroit and faces a disciplinary action brought by the state bar of Texas. Both are also facing separate defamation lawsuits by Dominion, a voting machine company that claims that the two acted recklessly in falsely asserting that Dominion machines had helped flip votes from Trump to Biden. The suits each seek more than $1 billion in damages.

Lin Wood is under investigation by the bar association in his home state of Georgia and was sanctioned in Michigan. Eastman, who has said he could also be a target of the Georgia inquiry, may face additional legal jeopardy; federal agents have seized his phone, and a federal judge said in March that he and Trump likely committed felonies while attempting to overturn the 2020 election.

Among the 40 lawyers whom Teter’s group has singled out for ethics complaints are James Bopp; Kenneth Chesebro; Sen. Ted Cruz, R-Texas; Joseph diGenova; Jenna Ellis; Boris Epshteyn; Cleta Mitchell; and William Olson.

The House investigation into Jan. 6 has also focused on potential wrongdoing by Trump’s lawyers, particularly their role in the scheme to put forward slates of pro-Trump electors in states won by Joe Biden.

Giuliani also faced a federal investigation in New York by prosecutors who are said to be looking into his dealings in Ukraine to help Trump dig up dirt on Biden’s son. As part of that investigation, federal agents seized cellphones and computers from Giuliani in April during searches of his apartment on Madison Avenue and his Park Avenue office in Manhattan. The investigation is unlikely to result in charges.

Powell’s nonprofit organization, Defending the Republic, which raised millions of dollars by spreading lies about election fraud, is under investigation by a federal grand jury in Washington, according to two people with direct knowledge of the inquiry.

Ellis was also accused of professional misconduct in an ethics complaint in Colorado by the bipartisan legal watchdog group the States United Democracy Center. It said that Ellis assisted Trump in an “unsuccessful and potentially criminal effort” to stave off his electoral defeat.

Some lawyers who worked for Trump have managed to emerge with their careers intact, including Emmet T. Flood, who took the lead at the White House dealing with the Russia investigation, and two other lawyers who represented the president around that time: Jane Raskin and Joanna C. Hendon.

Now two of them are among the lawyers being hired by Trump’s former attorneys to represent them as they deal with the fallout from their work for Trump.

Flood is now representing Cipollone, the former White House counsel, who is facing federal investigators’ questions about Trump’s conduct. And Raskin is helping to represent Ellis.