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How a ‘Committed Partisan Warrior’ Came to Rethink the Political Wars

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Once, after he executed a particularly tough-minded legal attack on Republicans, Bob Bauer remembers, a conservative magazine called him an “evil genius.” He took it as a compliment. “I was very proud of that,” he said. “I thought, That’s cool.”

For decades, Democrats have turned to him as their lawyer to wage battles against the opposition. Reverse a House race they seemingly lost? Accuse the other side of criminal activity? Go to court to cut off Republican money flows? Find a legal justification for an ethically iffy strategy? Mr. Bauer was their man.

But now Mr. Bauer, the personal attorney for President Biden and previously the White House counsel for President Barack Obama, is looking back and rethinking all that. Maybe, he says, that win-at-all-costs approach to politics is not really conducive to a healthy, functioning democracy. Maybe, in taking the “genius” part to heart, he should have been more concerned about the “evil” part.

In a new book, “The Unraveling: Reflections on Politics Without Ethics and Democracy in Crisis,” to be published on Tuesday, Mr. Bauer takes stock of what he sees as the coarsening of American politics and examines the tension between ethical decisions and the “warrior mentality” that dominates the worlds of government and campaigns today. And in the process of thinking about what went wrong, Mr. Bauer, who calls himself a “committed partisan warrior,” has stopped to wrestle with his own role in the wars.

“I tell stories that go from sort of youthful peccadilloes to more significant mistakes I think that I made as I thought about what it meant to win a policy or win an election, about how far you go to do that,” he said on a recent evening at the New-York Historical Society, where he discussed the book.

“How do we make the politics better?” he asked. “How do we uphold our democratic norms by focusing on choices that people in positions of public responsibility have to make? And how do we make them in a way that is respectful of those norms and respectful of those institutions — as opposed to politics as blood sport, whatever it takes?”

This has become an era of blood sport in politics, put on steroids by former President Donald J. Trump, who accuses opponents of treason, suggests executing people he deems disloyal, promises to pardon the violent marauders of Jan. 6, 2021, and vows to make “retribution” the mission of a second term if he wins. Just last week, he sent out a fund-raising email with the subject line “My plan for revenge.”

Mr. Bauer makes the point, though, that while Mr. Trump is the extreme version of what politics has become, past attempts to push the boundaries of propriety made it “easier for the demagogues to come along” and threaten the political system. Long before Mr. Trump’s ascendance, he said in an interview, people in both parties began giving in to the impulse “to treat your adversary as your enemy and to destroy it.”

Mr. Bauer does not really come across as an evil genius. No one would confuse him with Lee Atwater. He is thoughtful and polite, strong but not known for the sort of performative anger that is common in politics today. Bearded and bespectacled, he looks the part of the law school professor that he has become at New York University. People who have worked with him over the years consider him extremely ethical.

He does not remember what he did that got him branded an evil genius. But he does remember the inordinate pleasure he took in the appellation, and that is the point. Winning mattered too much. “Somebody in these conversations has to say, ‘We owe voters better than this,’” he said in the interview. “We don’t have to do this to win.”

Mr. Bauer speaks from experience. As Mr. Biden’s personal counsel, he plays a major role in the current power structure, alongside his wife, Anita Dunn, a senior White House adviser. Mr. Bauer has helped the president navigate some of the most delicate moments of the last few years, most notably the investigation by the special counsel Robert K. Hur into Mr. Biden’s mishandling of classified documents. Mr. Hur brought no criminal charges, but issued a report describing Mr. Biden as a “sympathetic, well-meaning, elderly man with a poor memory.”

Mr. Bauer has had a role in most of the significant political-legal wars of the last few decades, representing Democratic Party organizations and candidates, advising House and Senate Democratic leaders during President Bill Clinton’s impeachment battle and serving as Mr. Obama’s campaign lawyer and later White House counsel.

In the last few years, though, Mr. Bauer retired from his law firm, Perkins Coie, and increasingly turned his energies to finding ways to fix the system, working with Republicans like Benjamin Ginsberg and Jack L. Goldsmith. Among other projects, he advised lawmakers who revised the Electoral Count Act in 2022 to make clear that no vice president can single-handedly overturn an election, and he guided a bipartisan group that in April recommended changes to the Insurrection Act to limit presidents’ power to deploy troops to American streets.

Mr. Ginsberg, a longtime election lawyer who represented George W. Bush and Mitt Romney, among others, before breaking with the Republican Party over its support for Mr. Trump, said that Mr. Bauer was always “an ethical, principled guy” who managed to zealously represent his clients without crossing lines that should not be crossed.

“We’ve been battling each other for 40 years on stuff, and it’s always important, he knew, to fight fiercely for your candidate,” Mr. Ginsberg said. “But his concept of the rule of law is that the process works best if you have fierce partisans on each side but with an appreciation for the democratic process, institutions and norms.”

Mr. Goldsmith, a former Bush Justice Department official who wrote a book with Mr. Bauer in 2020 called “After Trump,” about ways to reform the presidency, expressed admiration for Mr. Bauer’s willingness to engage in introspection. “What is remarkable is his ability to rise above his past tasks to be candid, self-reflective and penetratingly insightful in diagnosing some of the deepest problems in our politics,” he said.

Mr. Bauer’s new book recounts experiences that look different to him now. There was the time he helped House Democrats overturn Indiana’s certification of a Republican candidate’s victory and put a Democrat in office. Then there was the time he tried to get the Internal Revenue Service to intervene in elections by penalizing campaigns for negative advertising. And there were the times he accused a Republican House leader of racketeering and rival Democrats of criminal campaign violations.

“I’m willing to take ownership of things I have said publicly and things I have urged as courses of action that in retrospect I recognize reflected a hearty commitment to success but would have been ill-advised,” Mr. Bauer said in the interview.

He has come to believe that politics does not have to be this way. “I reject the premise that a tough politics has to be a politics indifferent to these concerns” about ethics and institutions, he said. “That’s preposterous, to think that we have to do whatever it takes. It’s extremely dangerous.”

None of that, he said, means that Democrats — or, for that matter, Republicans — should go soft. Mr. Bauer has not given up the wars. He just plans to wage them more ethically — and engage the other side between battles.

“I continue to remain a Democrat,” he said. “I’m going to play as active a role as I can in the 2024 campaign. But having said that, I am trying to suggest that you can be hard-charging and successful and at the same time be thoughtful about the effect of your choices on the health of democratic life and institutions.”



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Ursula Von der Leyen nominated to stay on in top EU job

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EU leaders have nominated current European Commission head Ursula von der Leyen for a second five-year term in the bloc’s top job at a summit in Brussels.

Estonian Prime Minister Kaja Kallas was picked as the EU’s next foreign affairs chief and former Portuguese prime minister António Costa was chosen as the next chairman of EU summits.

All three candidates are from centrist, pro-EU factions.

The European Parliament is due to vote on the nominations next month.

Ursula von der Leyen is from Germany’s centre-right, António Costa is a socialist and Kaja Kallas a liberal.

There had been resistance from Italy’s Prime Minister, Giorgia Meloni.

Before the summit she said the plans ignored the successes of hard-right parties like her own in the recent elections for the European Parliament.

Ms Meloni abstained from the vote for Ms von der Leyen and voted against Mr Costa and Ms Kallas.

Approval from the European Parliament could be a trickier challenge.

“I would plain and simply like to express my gratitude to the leaders who endorsed my nomination for second mandate as president of the European Commission,” Ms von der Leyen said after the vote.

Kaja Kallas said she was “really honoured by the support of the Council” and described the role as an “enormous responsibility”.

“My aim is definitely to work for European unity, protect European interests.”

António Costa praised Ms Kallas and Ms von der Leyen, saying: “I’m sure our collaboration will be very successful to serve Europe and European citizens.”

Mr Costa, who resigned as prime minister last year, will replace Belgium’s former prime minister Charles Michel. Ms Kallas will take over from Spain’s Josep Borrell.



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Lawmakers add measure to end forced prison labor to ballot

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California lawmakers voted to place a constitutional amendment on the November ballot to completely ban involuntary servitude, a change that would remove an exception in cases involving the punishment for a crime.

If passed by voters, the ballot measure would end mandatory work requirements for state prisoners, instead making jobs for those incarcerated voluntary.

“The current practice of forced labor does not prepare incarcerated people for success upon reentry and often prevents rehabilitative services,” said Sen. Steven Bradford (D-Gardena) during Thursday’s floor session. “Let us take this step to restore some dignity and humanity for the often forgotten individuals behind bars.”

The California Constitution mirrors the 13th Amendment of the U.S. Constitution and prohibits slavery and involuntary servitude. However, both allow involuntary servitude as punishment for a crime.

The first push to remove that exception from the state Constitution stalled in 2022 after the state Department of Finance estimated that barring forced labor could cost the state billions of dollars annually if the Department of Corrections and Rehabilitation were forced to pay prisoners the minimum wage.

The proposed constitutional amendment is one of 14 bills introduced by the California Reparations Task Force, which has sought to create proposals and recommendations to address the injustices and inequities sustained by the descendants of African Americans enslaved in the U.S.

“As we do the work of reparations we refer to slavery as a relic of the past,” said Sen. Lola Smallwood Cuevas (D-Los Angeles). “But as I stand here today we have thousands of indentured servants in our penal system.” The measure passed the Senate and Assembly with bipartisan support.

Assemblymember Lori Wilson (D-Suisan City), chair of the Legislative Black Caucus, revived the proposed constitutional amendment last year. Wilson said the effort has nothing to do with changing wages for prisoners. But Wilson expects the issue of minimum wages for prisoners to come up next session.

An earlier version of the proposal would have made prison work optional, but it did not strike language in the Constitution that says “involuntary servitude is prohibited except to punish crime.”

After negotiations, the governor’s office and advocates came together last week and the new version of the proposal would remove the language. Currently, the Department of Corrections is permitted to require able-bodied inmates to work for as little as 35 cents an hour.

Carmen-Nicole Cox, director of government affairs at ACLU California Action, who has been involved in negotiations, said the governor’s “fingerprints” are on the measure. There was no debate on the Senate and Assembly floors during Thursday morning’s votes.

The new proposed amendment, through Assembly Bill 628, a companion bill to the ballot language, would make prison work optional by instituting a voluntary work program. The bill also explicitly says the state would not be required to pay prisoners minimum wage and that the secretary of the Corrections Department would set prison wages. This was an amendment that criminal justice advocates pushed back on in negotiations with the governor’s office.

“We’ve had to make our concessions,” Cox told The Times. She added that, despite those compromises on wages, a triumph for advocates was to include language that forbids disciplinary actions against incarcerated individuals for denying a work assignment. “We will be the first state to amend the constitution and explicitly say you can’t punish people for refusing work.”

If passed it will go into effect Jan. 1, 2025.



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Judge stops parents’ effort to collect on $50M Alex Jones owes for saying Newtown shooting was hoax

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A federal bankruptcy judge on Thursday stopped an effort by the parents of a boy killed in the Sandy Hook Elementary School shooting to begin collecting on some of the $50 million they won in a lawsuit against conspiracy theorist Alex Jones over his false claims that the massacre was a hoax.

Lawyers for Scarlett Lewis and Neil Heslin, whose 6-year-old son Jesse Lewis died in the 2012 Connecticut shooting, had obtained an order from a state judge in Texas earlier this month allowing them to begin collecting some assets from Jones’ company, Infowars’ parent Free Speech Systems. That order came after the company’s bankruptcy reorganization failed and its case was dismissed.

But U.S. Bankruptcy Judge Christopher Lopez in Houston said Thursday that the state judge’s ruling conflicts with federal bankruptcy law.

Lopez said a new trustee appointed to oversee the liquidation of Jones’ personal assets now has control of Jones’ ownership in Free Speech Systems. Lopez said the trustee, Christopher Murray, has authority under federal law to sell off the company’s assets and distribute the proceeds equally among all of Jones’ creditors, including other relatives of Sandy Hook victims who were awarded more than $1.4 billion in a similar lawsuit in Connecticut over Jones’ lies about the shooting.

“I don’t think the state court was actually informed of all these issues,” Lopez said.

Murray plans to shut down Infowars, the multimillion dollar money-maker Jones has built over the past 25 years by selling dietary supplements, survival gear and other merchandise.

Jones has about $9 million in personal assets, according to the most recent financial filings in court. Free Speech Systems has about $6 million in cash on hand and about $1.2 million worth of inventory, according to recent court testimony.

Bankruptcy lawyers for Jones and his company did not immediately return messages seeking comment Thursday. Jones said on his show Thursday that although Infowars may no longer exist in two to three months, he will restart his broadcasts on another platform he’ll have to build from scratch. He also said Lewis and Heslin’s efforts in Texas state court to get some of his assets were “illegal.”

Murray had filed a motion Sunday asking Lopez to halt Lewis and Heslin’s collection efforts in state court, saying they would interfere with the shut down and liquidation of Jones’ company.

Free Speech Systems, based in Jones’ hometown of Austin, Texas, filed for bankruptcy reorganization in July 2022 in the middle of the trial in Texas that led to the $50 million defamation award to Lewis and Heslin. Jones filed for personal bankruptcy reorganization later in 2022 after relatives of eight children and adults killed in the shooting won the Connecticut lawsuit.

On June 14, Lopez converted Jones’ personal bankruptcy reorganization case into a liquidation, meaning many of his assets will be sold off to pay creditors except for his main home and other property exempt from liquidation. The same day, Lopez also dismissed Free Speech Systems’ bankruptcy case after Jones and the families could not reach agreement on a final plan.

The bankruptcies automatically froze efforts by the Sandy Hook families to collect on the state lawsuit awards. Lawyers for Lewis and Heslin said the dismissal of Free Speech System’s case meant they could go back to the Texas state court in Austin and ask a judge to order the company to begin turning over money and other assets to Lewis and Heslin.

“Our clients are frustrated that they will not be allowed to pursue their state court rights after all,” said Mark Bankston, a lawyer for Lewis and Heslin. “Apparently this case will remain in limbo much to Mr. Jones’ delight while the other group of plaintiffs insist they are entitled to nearly all the recovery.”

Lewis and Heslin have been at odds with the relatives in the Connecticut lawsuit over how Jones’ bankruptcies should end and how his assets should be sold off.

Relatives in the Connecticut suit had fought the dismissal of Free Speech Systems’ bankruptcy, saying it would lead to a “race” between Sandy Hook families to the state courts in Texas and Connecticut to see who could get Jones’ assets first. The Connecticut plaintiffs favored the trustee’s motion to stop the collection efforts in Texas.

“The Connecticut families have always sought a fair and equitable distribution of Free Speech System’s assets for all of the families, and today’s decision sets us back on that path,” said Christopher Mattei, a lawyer for the Sandy Hook relatives who sued Jones in Connecticut.

The shooting in Newtown, Connecticut, killed 20 first graders and six educators. Not all of the victims’ families sued Jones.

The relatives said they were traumatized by Jones’ hoax conspiracies and his followers’ actions. They testified about being harassed and threatened by Jones’ believers, some of whom confronted the grieving families in person saying the shooting never happened and their children never existed. One parent said someone threatened to dig up his dead son’s grave.

Jones is appealing the judgments in the state courts. He has said he now believes the shooting did happen, but free speech rights allowed him to say it did not.



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