Group items tagged

As the president and his aides deliberate over pardons, Mr. Trump has also been increasingly focused on another legal matter in his final days in office: his defense team for his Senate impeachment trial.

Mr. Broidy was charged in federal court in Washington, D.C., in October and accused of failing to report work for which he was paid at least $6 million by the man accused of masterminding the alleged fraud, Jho Low, to try to influence the Justice Department investigation into the scandal.

Mr. Trump’s legal authority to pardon himself is dubious; a 1974 legal memorandum said the president can’t pardon himself, but some legal scholars disagree and the matter has never been tested in

The two men met on Sunday, and the former New York mayor isn’t currently expected to be part of the president’s team, another person familiar with the plan said, though the person cautioned: “Never say never.”

If the bill goes through, and is signed by the president, Argentina would join Uruguay, Cuba and Guyana in making abortion legal on request — instead of only in cases of rape or if the pregnancy poses a risk to the mother’s health, as is the case now in Argentina.

Both sides intend to settle in for a long night, as they wait for a decision likely to have great repercussions in their own country and across Latin America.

If the House and Senate arrive at different decisions, the law governing the proceedings is unclear about how to reconcile them, with the potential for an unresolvable constitutional deadlock.

The 2000 election was arguably the closest in history, decided by Florida by a margin of one one-hundredth of one percent, so close that we will never know who the true winner of the state was: Media recounts months later concluded that the results would change depending on which counting method was used. Even so, a concession occurred before the second stage.

If a state’s electoral votes are disputed, the House and Senate meet separately to adjudicate the controversy. A potentially small number of representatives or senators can break rank, conceding the election by agreeing to resolve the dispute in favor of the other party. There is a potentially dangerous legal ambiguity here:

The House and Senate could vote on the commission’s recommendation — but if the two houses disagreed, the commission’s decision would stand. The commission first recommended, on an 8-to-7 partisan vote, that Florida’s disputed electoral votes be allocated to the Republican candidate, Rutherford B. Hayes. But while the Republican Senate endorsed the recommendation, the Democratic House rejected it. The pivotal moment came immediately afterward: With the speaker of the House at his side, the vice-president announced that the commission’s decision stood. The Democrats accepted the call; they allowed the count to continue.

Peaceful transitions of power require political will. In the end, people on one side must step back from the brink.

in a year that has seen record levels of early voting and a huge surge in use of voting by mail, Republicans are gearing up to challenge ballots with missing signatures or unclear postmarks.

Mr. Trump in that moment said out loud what other Republicans have preferred to say quietly, which is that his best chance of holding onto power at this point may rest in a scorched-earth campaign to disqualify as many votes as possible for his Democratic opponent, Joseph R. Biden Jr.

After months of claiming that any election outcome other than a victory for him would have to have been “rigged,” the president used his final days on the campaign trail to cast doubt on the very process of tabulating the count, suggesting without any evidence that any votes counted after Tuesday, no matter how legal, must be suspect.

Both sides expect Mr. Trump and his allies to try again to disqualify late-arriving ballots in the emerging center of the legal fight,

Tom Perez, the chairman of the Democratic Party, said Democrats were keeping careful track of all ballots that were being rejected in key swing states, under a strategy to get as many as possible fixed and reinstated now and seeking to force the reinstatement of the rest in postelection litigation if the closeness of the Electoral College count requires it.

A wild card for both sides is the posture the Justice Department will take in voting disputes under Attorney General William P. Barr. On Monday, the department announced it was sending civil rights division personnel to monitor voting at precincts across the country, including in key areas like Philadelphia, Miami, Detroit and Houston. That is standard operating procedure, but both sides were girding for possible breaks from protocol given Mr. Barr’s own statements about potential for fraud, which have echoed Mr. Trump’s.

The Republican efforts moved to an even more aggressive footing on Sunday, after Mr. Trump made clear his intention to challenge an unfavorable outcome through a focus in particular on the mail-in vote, which both sides expect will favor Mr. Biden.

The president has no legal authority to stop the count on Tuesday night, and even in normal election years, states often take days or even weeks before completing their tallies and certifying the outcome.

That situation has led Josh Shapiro, Pennsylvania’s attorney general and a Democrat, to issue guidance that election officials should segregate any ballots that arrive after 8 p.m. Tuesday.

Trump said the high court’s pre-election refusal to rule out the extension was a “terrible decision.

The legal issue is whether the extension ordered by the Pennsylvania Supreme Court, relying on voter protections in the Pennsylvania constitution, violated the U.S. Constitution.

Roughly 20 states allow for late-arriving ballots, but Pennsylvania’s Republican-controlled legislature did not authorize an extension

But Democrats were alarmed by Justice Brett Kavanaugh’s reference to the court’s 2000 Bush v. Gore decision that effectively decided the presidential election in favor of George W. Bush.

The Supreme Court has never cited Bush v. Gore as the basis for a decision of the court.

Despite Trump’s recent criticism of the court, he has said that one reason he pushed for Barrett’s quick confirmation as a justice was to have her on the court for any post-election disputes.

he and his allies had a good bit of success before the election in cases that will stymie voting rights going forward. Following the lead of the U.S. Supreme Court, federal appeals courts now routinely say that federal courts should be deferential when states engage in balancing voting rights — even during a pandemic — against a state’s interests in election administration and avoiding fraud, even when states come forward with no evidence of fraud.

These unsuccessful lawsuits will nonetheless provide a false narrative to explain how it is that Mr. Biden declared victory and serve as a predicate for new restrictive voting laws in Republican states.

It should go without saying that a democracy requires the losers of an election to accept the results as legitimate and agree to fight another day; Republican leaders echoing Mr. Trump’s failure to support a peaceful transition of power undermine the foundation of our democracy. It’s not only the fact that we have had to say this, but that we keep having to repeat it, that shows the depths that we have reached.

Trump and his allies have advanced a muscular version of something that’s become known as the “independent state legislature” doctrine. Taken to its extreme, the doctrine says that state legislatures have complete authority to set election rules absent congressional override, and that their power to set election rules cannot be overcome even by state supreme courts applying right-to-vote provisions in state constitutions.

the court’s conservative majority could soon embrace a strong version of the independent state legislature doctrine. This could take state courts out of their essential role in protecting voting rights.

It could potentially eliminate the ability of voters to use ballot measures to enact nonpartisan redistricting reform and other measures that apply to federal elections. It could give conservative courts looking for an excuse a reason to scuttle voter-protective rules enacted by state election boards.

Together, the Trump-related precedents mean that neither state nor federal courts are likely to be able to play a backstop role when Republican state legislatures pass new restrictive voting laws, and that efforts to get around these state legislative efforts are likely to fail as well

His attack on voting rights and the legitimacy of our election system, however, will live far beyond his presidency. At stake is whether this country continues to adhere to the rule of law and to allow elections to be decided by a majority of voters.

Not because it was going to help Trump win but because it was going to help Trump cope with a loss. The president was not accepting defeat. That meant no Republican with career ambitions could accept it, either.

At a low point in his party’s existence, with much of the GOP’s leadership class pre-writing their own political epitaphs by empowering Trump to lay waste to the country’s foundational democratic norms, an obscure lawyer from west Michigan stood on principle. It proved to be the nail in Trump’s coffin

Shortly after Michigan’s vote to certify, the General Services Administration finally commenced the official transition of power and Trump tweeted out a statement affirming the move “in the best interest of our Country.”

Still, the drama in Lansing raised deeper questions about the health of our political system and the sturdiness of American democracy

Why were Republicans who privately admitted Trump’s legitimate defeat publicly alleging massive fraud? Why did it fall to a little-known figure like Van Langevelde to buffer the country from an unprecedented layer of turmoil?

In conversations with more than two dozen Michigan insiders—elected officials, party elders, consultants, activists—it became apparent how the state’s conditions were ripe for this sort of slow-motion disaster

Michigan is home to Detroit, an overwhelmingly majority Black city, that has always been a favorite punching bag of white Republicans. The state had viral episodes of conflict and human error that were easily manipulated and deliberately misconstrued. It drew special attention from the highest levels of the party, and for the president, it had the potential to settle an important score with his adversary, Democratic Governor Gretchen Whitmer

Perhaps most important, Trump’s allies in Michigan proved to be more career-obsessed, and therefore more servile to his whims, than GOP officials in any other state he has cultivated during his presidency, willing to indulge his conspiratorial fantasies in ways other Republicans weren’t.

“Anybody can sue anybody for any reason. But winning is a whole different matter. And Trump didn’t have a realistic pathway here,” Brian Calley, the former GOP lieutenant governor, told me prior to the certification vote

“We have to see this for what it is. It’s a PR strategy to erode public confidence in a very well-run election to achieve political ends,” Secretary of State Jocelyn Benson, a Democrat, said in an interview last week. “This was not any type of valid legal strategy that had any chance at ultimately succeeding.”

Strangely liberated by his deficit of 154,000 votes, the president’s efforts here were aimed not at overturning the results, but rather at testing voters’ faith in the ballot box and Republicans’ loyalty to him.

where he can ultimately succeed—is in convincing unprecedented numbers of Americans that their votes didn’t count. Last month, Gallup reported that the public’s confidence in our elections being accurate dropped 11 points since the 2018 midterms, which included a 34-point decrease among Republicans.

That was before a daily deluge of dishonest allegations and out-of-context insinuations; before the conservative media’s wall-to-wall coverage of exotic conspiracy theories; before the GOP’s most influential figures winked and nodded at the president of the United States alleging the greatest fraud in U.S. history.

Trump failed to win Michigan. But he succeeded in convincing America that a loss, no matter how conclusive, may never again be conclusive enough.

The irony of Michigan’s electoral meltdown is that Election Day, in the eyes of veteran clerks and poll workers across the state, was the smoothest it had ever been

“You’re talking about election officials implementing new laws, running an election with a 60 percent mail vote, in the middle of a pandemic,”

“In terms of voters getting the ballots processed and counted in a reasonable time period, I thought they did a marvelous job. But it was a huge challenge.”

There’s always this rallying cry from Republicans—‘We win everywhere else, but lose Wayne County’—that creates paranoia. I still remember hearing, back on my first campaign in 2002, that Wayne County always releases its votes last so that Detroit can see how many votes Democrats need to win the state. That’s what a lot of Republicans here believe.”

The Republicans—House Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey—were not interested. Spooked by Trump’s continued assault on mail voting, and aware that their own members in the Legislature were distrustful of the new “no-excuse-absentee” rules, Chatfield and Shirkey weren’t inclined to do the process any favors.

many Republicans didn’t believe the election would be terribly close to begin with

The common expectation was that the president would lose comfortably, by at least 4 or 5 points, a margin that would render any controversy about absentee voting meaningless.

Michigan Republicans were gripped by equal parts euphoria and panic. It was clear Trump was running far more competitively than they’d anticipated; he was on track to win Florida, Ohio and North Carolina, three states that tally their ballots quickly, meaning the spotlight would abruptly shift to the critical, slow-counting battlegrounds of Michigan, Wisconsin and Pennsylvania.

it wasn’t until midnight that the urgency of the situation crashed over Republicans. Trump had built a lead of nearly 300,000 votes on the strength of same-day ballots that were disproportionately favorable to him. Now, with the eyes of the nation—and of the president—fixed on their state, Michigan Republicans scrambled to protect that lead.

Whitmer and Benson warned the GOP leaders that a protracted counting process, especially in the scenario of a competitive election, would invite chaos. Other states Trump carried in 2016, such as Ohio and Florida, allowed for pre-canvassing of absentee and other mail-in ballots so that voters would know which candidate carried the state on election night. Why couldn’t Michigan do the same?

Thomas had been “thrilled” with the professionalism he’d witnessed during Monday’s pre-processing session and Tuesday’s vote tabulating. Now, in the early morning hours of Wednesday, things were going sideways. Groups of Republican poll challengers were clustering around individual counting tables in violation of the rules.

“Reading these affidavits afterward from these Republican poll challengers, I was just amazed at how misunderstood the election process was to them,” Thomas chuckled. “The things they said were going on—it’s like ‘Yeah, that’s exactly what was going on. That’s what’s supposed to happen.’

His cushion over Biden had been whittled down to 70,000 votes. There remained hundreds of thousands of absentee ballots to be counted in the large, Democratic strongholds of Detroit, Lansing and Flint. The math was simply not workable for the president. Just before 9:30 a.m., Biden overtook Trump in the tally of Michigan’s votes—and suddenly, a switch flipped on the right.

After 24 hours of letting the democratic process work, Republicans around the country—watching Trump’s second term slipping through their fingers—began crying foul and screaming conspiracy. No state cornered the hysteria market quite like Michigan.

“The people outside that room were doing exactly what the law says you would eject people for doing—they were disrupting the election,” Thomas said. “Everyone else in the room—the Democratic Party, the Republican Party, the ACLU, the nonpartisans—they all still had a full complement of challengers in the room. And the Republicans, by the way, had far more challengers in the room than they were entitled to.”

Truly egregious was Cox’s dishonesty. At the time of her tweet, several hundred of her party’s poll challengers, attorneys and representatives were already inside the TCF Center monitoring the count

By law, Republicans were allowed to have 134 challengers in the room, one for each tabulation table. In reality, the GOP had far more than that, according to sworn testimony from nonpartisan poll watchers inside the TCF Center. Because of the overflow, election officials ultimately decided to lock down the complex

In the days following Trump’s shameful address to the nation, two realities became inescapable to Michigan’s GOP elite. First, there was zero evidence to substantiate widespread voter fraud. Second, they could not afford to admit it publicly.

What made this behavior all the more confounding, Thomas said, is that the election was conducted more transparently than any he’d ever participated in. Each of the 134 tables had monitors placed at the end, “showing every keystroke that was made,” so that challengers could see exactly what was happening

But he came to realize that none of this mattered. Having dealt with Republican poll challengers for decades, Thomas said, it was clear the people who infiltrated TCF on Wednesday were not adequately trained or there for the right reasons.

“Unlike the people who were there Monday and Tuesday, these people Wednesday were totally unprepared. They had no idea how the system worked. They had no idea what they were there for,” Thomas said. “Many of them—not all of them, but many of them—they were on a mission. They clearly came in believing there was mass cheating going on in Detroit and they were on a mission to catch it.”

When Trump addressed the nation from the White House on Thursday night, insisting the election had been “stolen” from him, he returned time and again to alleged misconduct in Michigan’s biggest city. Detroit, he smirked, “I wouldn’t say has the best reputation for election integrity.” He said the city “had hours of unexplained delay” in counting ballots, and when the late batches arrived, “nobody knew where they came from.” He alleged that Republicans had been “denied access to observe any counting in Detroit” and that the windows had been covered because “they didn’t want anybody seeing the counting.”

All of this was a lie. Republicans here—from Ronna Romney McDaniel to Laura Cox to federal and local lawmakers—knew it was a lie. But they didn’t lift a finger in protest as the president disparaged Michigan and subverted America’s democratic norms. Why?

The true insanity was saved for Detroit. By early afternoon on Wednesday, hundreds and hundreds of Republicans had descended on the TCF Center, responding to an all-hands-on-deck missive that went out from the state party and was disseminated by local officials. Cox, the party chair, tweeted out a video of her comrades standing outside the locked-up downtown building. “Republican poll challengers blocked from entering the TCF Center in Detroit! This is egregious!” she wrote.

Tapped by the president-elect to take over the Republican National Committee—on the not-so-subtle condition that she remove “Romney” from her professional name—McDaniel morphed into an archetype of the Trump-era GOP sycophant. There was no lie too outlandish to parrot, no behavior too unbecoming to justify, no abuse of power too flagrant to enable

Longtime friends worried that McDaniel wasn’t merely humiliating herself publicly; she seemed to be changing in private. She was no longer coolly detached from the passions of politics. If anything, she was turning into a true MAGA believer.

There was some relief, then, when in recent weeks McDaniel told multiple confidants that she doubted there was any scalable voter fraud in Michigan. Nevertheless, McDaniel told friends and fellow Republicans that she needed to stay the course with Trump and his legal team. This wasn’t about indulging him, she said, but rather about demonstrating a willingness to fight—even when the fight couldn’t be won.

McDaniel’s thinking is actually quite linear. The RNC will vote in January on the position of chair. She is anxious to keep her job.

No matter how obvious the outcome—to McDaniel, to the 168 members of the RNC, maybe even to Trump himself—any indication of surrender would be unforgivable.

This is why McDaniel has sanctioned her employees, beginning with top spokesperson Liz Harrington, to spread countless demonstrable falsehoods in the weeks since Election Day. It’s why the RNC, on McDaniel’s watch, tweeted out a video clip of disgraced lawyer Sidney Powell claiming Trump “won in a landslide” (when he lost by more than 6 million votes nationally) and alleging a global conspiracy to rig the election against him.

With Trump entering the anguished twilight of his presidency, all that appears to matter for someone like McDaniel—or Cox, the state party chair, who faces an upcoming election of her own—is unconditional fidelity to the president.

Both Chatfield and Shirkey are talented and ambitious, self-grooming for future runs at higher office. Both could see the obvious problems of meeting with the president at such a precarious moment—and both could also see how spurning Trump could torpedo their careers in the GOP.

“Frankly, continuing to humor him merely excuses his role in this. The election wasn’t stolen, he blew it. Up until the final two weeks, he seemingly did everything possible to lose. Given how close it was, there is no one to blame but Trump.”

“But if they want a future within the party, it is required of them to demonstrate continued fealty. Principled conservatives who respect the rule of law and speak out suddenly find themselves outcasts in a party that is no longer about conservativism but Trumpism. Just ask once-conservative heroes like Jeff Flake, Justin Amash and Mark Sanford.”

Monica Palmer, one of the GOP canvassers, caused an uproar when she offered to certify the rest of Wayne County—precincts like Livonia—without certifying Detroit. (Livonia, which is 95 percent white, had more poll-book irregularities than Detroit, which is 80 percent Black.)

Tweeting out siren emojis, Jenna Ellis, the attorney for Trump’s campaign, announced: “BREAKING: This evening, the county board of canvassers in Wayne County, MI refused to certify the election results. If the state board follows suit, the Republican state legislator will select the electors. Huge win for @realDonaldTrump.”

the notion that legislators would under any circumstance be free to send their own partisans to the Electoral College had no basis in fact. Under Michigan statute, the only electors eligible to represent Michigan are those who will vote for the winner of the popular vote. There is no discretion for anyone—the governor, leaders of the legislature, canvassers at the county or state level—to do anything but follow the law.

“The unfortunate reality within the party today is that Trump retains a hold that is forcing party leaders to continue down the path of executing his fantasy of overturning the outcome—at their own expense,”

precautions were taken. In a savvy move, Chatfield and Shirkey prepared a letter addressing concerns over funding to deal with Covid-19 in Michigan. They also brought along their general counsels. These two maneuvers—one to soothe the outcry over Michigan lawmakers meeting with a president whose legal team was calling for them to overturn the state’s election results; the other to insulate them from improper discussions about doing exactly that—were sufficient to sidestep any major crisis.

Trump, perhaps sensing the nervous reticence of his guests, did not make the ask they feared. As the meeting went on, it became apparent to some people in the room that more than anything, Trump had called his Michigan allies to Washington to get an honest assessment of what had happened there. He wanted to know if there was any pathway to victory. They told him there was not.

“I don’t get it,” the president said, venting confusion and frustration. “All these other Republicans, all over the country, they all win their races. And I’m the only guy that loses?”

With all 83 counties boasting certified results, the only thing that stood between Joe Biden and his rightful claim to Michigan’s 16 electoral votes was certification from the state board of canvassers. In a rational political climate, this would not have been the subject of suspense. But the swirling innuendo and disinformation had long ago swept away any semblance of normalcy.

Already, one of the board’s two Republicans, Norm Shinkle, a career party fixture, had hinted he would not vote to certify the state’s result. Because the two Democrats would obviously vote in favor of certification, a manic gush of attention turned to the other Republican member, Aaron Van Langevelde.

By Sunday morning, speculation was rampant that Van Langevelde would resign from the board on Monday. This made perfect sense to Republicans and Democrats alike: Based on their fact-finding mission into the mysterious fourth board member, Van Langevelde was a bookish type, a rule follower, an obsessive student of world history (particularly the Roman Empire) who believes to his core in a conservative application of the law

He would be inclined, Lansing insiders figured, to vote in favor of certifying the results. But he would be disinclined to throw away his future in the Republican Party. A resignation from the board was his only way out.

Working off this expectation, a late lobbying blitz turned on Shinkle. In the 36 hours preceding Monday’s vote, he was inundated with calls and emails and text messages from high-ranking Republican luminaries around the state. Some, such as former congressman and House Intelligence Chair Mike Rogers, urged him to certify the results in accordance with Michigan law. Others, including McDaniel and Cox and other state party figures, pleaded with Shinkle to stand his ground and insist on a two-week delay.

The response they got was universal: He would promise to “do my best,” then he would offer a litany of unsubstantiated allegations of fraud. (Not everyone bothered contacting Shinkle: That his wife served as a plaintiff’s witness in Trump’s ill-fated lawsuit against Detroit struck many people not just as a conflict of interest, but as a clear indication he would never vote to certify.)

Some Republicans didn’t want to believe it. But for others, reality began to set in. They had grown so accustomed to Republicans falling in line, bending a knee to Trumpism, that the notion of someone acting on his own personal ethic had become foreign.

But the more they learned about Van Langevelde, the more he sounded like just that type of independent thinker. Some viewed his relative youth as an asset, believing he wouldn’t risk throwing away his future in the party. What they had failed to appreciate was that young conservatives were oftentimes the most disillusioned with the party’s drift from any intellectual or philosophical mooring.

Like a good attorney, Van Langevelde meticulously questioned a number of expert guest speakers to ascertain if they had dissenting views of the board’s authority under state law. Time and again, they affirmed his position. The body did not have power to audit or investigate or recount; that could be done only by distinct bodies after certification was complete. The job of the board of state canvassers was narrowly to examine the certified results from all 83 counties and then, based on the relevant vote totals, certify a winner of Michigan’s 16 electoral votes. The one time he was challenged—by Spies, the political superlawyer representing John James’ U.S. Senate campaign—Van Langevelde calmly brushed his recommendations aside, telling Spies, “I’m going to have to respectfully disagree with you on that.”

Within minutes of Van Langevelde’s vote for certification—and of Shinkle’s abstention, which guaranteed his colleague would bear the brunt of the party’s fury alone—the fires of retaliation raged. In GOP circles, there were immediate calls for Van Langevelde to lose his seat on the board; to lose his job in the House of Representatives; to be censured on the floor of the Legislature and exiled from the party forever. Actionable threats against him and his family began to be reported. The Michigan State Police worked with local law enforcement to arrange a security detail.

ll for doing his job. All for upholding the rule of law. All for following his conscience and defying the wishes of Donald Trump.

“It took a lot of courage for him to do what he thought was right and appropriate, given the amount of pressure he was under,” said Brian Calley, the GOP former lieutenant governor, who told me days earlier that he had never heard the name Aaron Van Langevelde. “He carried himself as well as anybody I’ve seen in that type of setting, including people with decades and decades of experience. He showed an awful lot of poise.”

The name Van Langevelde is already so infamous in Michigan Republican lore that those associated with him are at risk of being branded turncoats, too.

because of the sweeping transformation of the party—not just ideologically or stylistically, but mechanically, with MAGA loyalists now installed in state and local leadership posts across the country—the question of loyalty will continue to define the Republican identity for years to come.

That contours of that identity—what it means to be a Trump Republican—have gained clarity over time. The default embrace of nationalism. The indifference to ideas as a vision for governing. The disregard for institutional norms. The aversion to etiquette and the bottomless appetite for cultural conflict. Now there is another cornerstone of that identity: The subversion of our basic democratic process.

More than any policy enacted or court vacancy filled, Trump’s legacy will be his unprecedented assault on the legitimacy of the ballot box

Future iterations of the GOP will make casual insinuations of voter fraud central to the party’s brand. The next generation of Republicans will have learned how to sow doubts about election integrity in one breath and in the next breath bemoan the nation’s lack of faith in our elections, creating a self-perpetuating justification to cast suspicion on a process that by raw numbers does not appear conducive to keeping them in power.

“This is not some whacked-out fringe,” James said in one taping. “When half the votes in our state believe we just had the most secure election in U.S. history, and the other half believe they were cheated, we have a problem.”

James is right. We do have a problem. Our elections continue to be underfunded. Our election bureaus are chronically understaffed. Our election workers are badly undertrained. Our elections are prone to a significant amount of human error—and any municipal or county clerk will tell you that concerns over not catching those errors keep them up at night.

But errors are not fraud. And when James says he’s troubled that half of Michigan’s voters feel they were cheated, he would do well to remember that he was the one telling them they got cheated in the first place.

there is no denying the advent of a pattern. Republicans in Michigan and across America have spent the past three weeks promoting baseless allegations of corruption at the ballot box, the rabid responses to which they use as justification to continue to question the fundamental integrity of our elections. It’s a vicious new playbook—one designed to stroke egos and rationalize defeats, but with unintended consequences that could spell the unraveling of America’s democratic experiment.

“By capriciously throwing around these false claims, you can’t get to the heart of a really important issue. In fact, you lose any credibility to get to the heart of that issue,”

“And by the way, if you’re going to do an audit, you’d better do it statewide. This is not just a Detroit thing. There are sloppy Republican precincts all over the state.

There is no immediate way to make Americans appreciate this distinction, no instant cure for the flagging confidence in our elections.

there are obvious incremental steps to take in the name of transparency and efficiency. First among them, acknowledged Chatfield, the Michigan House speaker, is getting rid of the rules that led to the TCF Center circus in the first place.

one of the items where we should look at other states and see how they’ve done it well, is regarding the early processing of absentee ballots. We mishandled that this year. We should have allowed for early processing. We didn’t, and it became a spectacle.

For those Republicans left to pick up the pieces in the coming legislative session, there may be little incentive for bipartisan cooperation on a subject that now divides the two party bases as starkly as gun rights or tax rates. The backlash against absentee voting from Republican constituents was already fierce; in the wake of Trump’s defeat and the TCF Center conspiracies, Republicans might find it beneficial to avoid raising the issue at all.

There is little cause for optimism. If the majority of GOP politicians couldn’t be bothered to do the easy work of debunking crackpot conspiracy theories, how likely are they to do the hard work of hardening our democracy?

“A lot of our leaders in this country ought to be ashamed of themselves,” said Thomas, the nonpartisan elections guru who kept Michigan’s governing class guessing his political affiliation for the past several decades. “They have propagated this narrative of massive fraud, and it’s simply not true. They’ve leapt from some human error to massive fraud. It’s like a leap to Never Neverland. And people are believing them.

“The people of this country really need to wake up and start thinking for themselves and looking for facts—not conspiracy theories being peddled by people who are supposed to be responsible leaders, but facts,” Thomas said. “If they’re not going to be responsible leaders, people need to seek out the truth for themselves. If people don’t do that—if they no longer trust how we elect the president of the United States—we’re going to be in real trouble.”

"victory for the rule of law and American democracy"

Trump had mounted an intense effort to avoid such scrutiny and had already lost cases in district and appellate courts as part of a broad campaign of obstruction of the committee, which has included expansive executive privilege claims by ex-aides -- even some, like his populist political guru Steve Bannon, who were not serving White House officials at the time of the insurrection.

The Supreme Court did not rule on the key legal question of what happens when there is a dispute between a current and a former president on the scope of executive privilege -- a concept meant to ensure that advice to a commander in chief from subordinates can stay private. But it allowed to stand a ruling by the appellate court that found Trump had not demonstrated that his concerns for executive branch confidentiality should override "profound interests in disclosure" cited by Biden.

Wednesday's ruling, in which only conservative Justice Clarence Thomas signaled dissent, will also offer a new mark of legitimacy to the select committee, amid claims by pro-Trump Republicans that it is an illegally constituted witch hunt despite being voted into being by the House. It will also boost the committee's race against time as it tries to complete its work before a possible new Republican majority shuts it down.

The decision means that 700 documents -- including schedules, speech and call logs, and three pages of handwritten notes from then-White House chief of staff Mark Meadows -- can be transferred from the National Archives to the House committee, a process that was already underway Wednesday evening.

On Tuesday, CNN exclusively reported that the committee had subpoenaed and obtained phone number records from one of the ex-President's sons, Eric Trump, and Kimberly Guilfoyle, who is engaged to his brother, Donald Trump Jr. The committee is interested in investigating the level of coordination between Trump's team and organizers of the Washington rally at which the then-President told supporters who later moved to the Capitol to "fight like hell" to stop Congress from certifying Biden's election win.

it appears unlikely to meaningfully reshape the fraught politics of the insurrection. Swathes of the Republican Party, especially in the House, have done their best to whitewash Trump's role that day as he contemplates a possible comeback presidential bid in 2024.

There is no doubt, however, that Trump will be apoplectic that his three Supreme Court nominees, Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, did not publicly dissent from denying his bid to keep his West Wing records secret.

Trump has repeatedly slammed the Supreme Court for throwing out his false claims of election fraud, claiming he was a victim of a miscarriage of justice even though his delusional cases were also dismissed by multiple lower courts.

Throughout his presidency, Trump appeared to equate judicial and Cabinet nominations with an act of patronage, viewing those selected as owing him a debt that would be repaid by pursuing his interests rather than honoring the rule of law and the Constitution.

The gathering clouds around Trump would represent a grave legal and reputational risk to a normal politician, but given his talent for impunity, it's far from certain that they will slow his political aspirations.

Mr. Raslan’s guilty verdict, they say, bolsters the ability of European courts to pursue similar cases while sending a message to war criminals around the world that they could one day face consequences.

This sends a clear message to the world that certain crimes will not go unpunished.

After more than a decade of war, Mr. al-Assad remains in power, and there appears little chance that he or his senior advisers or military commanders will stand trial soon.

Other potential avenues for justice have also been blocked. Syria is not party to the International Criminal Court in The Hague, and Russia and China have used their vetoes on the United Nations Security Council to prevent Syria from being referred to the court.

Germany is among a few European countries that have sought to try former Syrian officials for war crimes based on universal jurisdiction,

German prosecutors argued that his position gave him oversight of torture that included beating, kicking, electric shocks and sexual assault. Witnesses in the trial said they were fed inedible food, denied medical care and kept in overcrowded cells.

He entered Germany on a visa in 2014 and lived there legally until the German authorities arrested him in 2019.

But his past caught up with him in Germany, where he was tried for crimes against humanity.

When the Syrian conflict broke out in 2011 with protests seeking to topple President Bashar al-Assad, Mr. Raslan was the head of interrogation at a security office in the capital, Damascus.

Beatings were common, the food was inedible, the cells were so crowded that some prisoners had to stand so others could lie down. German prosecutors said at least 4,000 people were tortured and nearly 60 killed under his authority there.

The verdict marks a watershed moment for an international network of lawyers, human rights activists and Syrian war survivors who have struggled for years to bring officials who sanctioned or participated in the violence to justice.

He was arrested in 2019, and his trial began the next year. On Thursday, Mr. Raslan was found guilty of crimes against humanity and was sentenced to life in prison.

When Mahran Aoiun heard that a former Syrian intelligence officer had been sentenced on Thursday to life in prison for overseeing torture at a detention center, it brought back the joy he felt years ago when he was released from a brutal Syrian jail.

The verdict handed down by a court in Koblenz, Germany, against the former officer, Ansar Raslan, stirred complicated feelings among Syrians who were abused in Syrian prisons — some at the hands of Mr. Raslan himself.

Others hoped that Mr. Raslan’s conviction would draw attention to the many more crimes committed during the Syrian war that have not been prosecuted, and to the officials who committed them who are still free.

“Those who are torturing prisoners will think twice after the trial,” he said. “This is an achievement.”

New York Times photographers have covered Syria’s civil war and the humanitarian crisis it has unleashed since the uprising against President Bashar al-Assad began nearly 11 years ago.

A Syrian doctor accused of torturing a detainee in a secret military prison will soon go on trial in Germany on charges of crimes against humanity and causing grievous bodily harm. The doctor, Alaa Mousa, was living in Germany as a refugee when he was arrested in 2020.

German prosecutors built their case with the help of hundreds of Syrian witnesses in Germany and beyond. They indicted Mr. Raslan using “universal jurisdiction,” a legal principle stipulating that in the case of crimes against humanity and genocide, normal territorial restraints on prosecutions do not apply.

The principle is not new. Israel used it during the 1960s trial of the former Nazi official Adolf Eichmann, as did Spain in 1998 when demanding that Britain arrest Gen. Augusto Pinochet, the former Chilean dictator. Previous universal jurisdiction cases in Germany have dealt with crimes committed in Rwanda and the Democratic Republic of Congo, and, more recently, with the genocide of Yazidis in Iraq by former members of the Islamic State.

Germany has the legal basis to prosecute such crimes under the German Code of Crimes Against International Law, which came into effect in 2002, and it has been using it.

“For Germany, it’s also historically the continuation of what we learned from the Nazi period and what we learned about the importance of the Nuremberg trials and the Auschwitz trials for the way we dealt with our past and ultimately for who we are today,”

The Nuremberg trials went after the leading members of the Nazi regime, but also a range of individuals who played a role in Nazi repression, including doctors, business leaders, bureaucrats and propagandists, said Wolfgang Kaleck, a founder of the European Center for Constitutional and Human Rights, which is representing victims in Mr. Raslan’s trial.

Raslan is the first ranking Syrian official to be convicted of war crimes, but he may not be the last.

But several other cases have already been tried or are pending.

Owing partly to its own history in World War II, Germany has become something of a go-to venue for prosecuting crimes against humanity, even if committed outside its own borders. It is also home to hundreds of thousands of Syrian refugees, putting it at the center of efforts to hold the government of President Bashar al-Assad of Syria accountable for war crimes.

Human rights lawyers concede that so far, the trials have targeted low- and middle-ranking Syrian officials or soldiers.

“If you don’t start now, then in 10 years, you cannot get Assad or his chief of intelligence because you have no evidence,” Mr. Kaleck said. “These cases are a way of building a stock of documents, witness statements, of understanding interconnections and gathering knowledge on which you can build future cases.”

Since the Syrian uprising in 2011, Syrian victims, human rights activists and others have filed more than 20 legal complaints against Syrian regime officials for war crimes and other violations of international law, according to Mr. Kaleck’s center.

This body of evidence, which has been growing for over a decade, could be used in different cases.“More has to come, that is clear,” Mr. Kaleck said. “But this is an important step.”

But the decade-long conflict has left the country shattered, killing hundreds of thousands of people, forcing half of the population from their homes and reducing major cities to rubble. Most of those who remain have been left to live in poverty.

The rebellion that began in 2011 as an uprising against Syria’s autocratic president, Bashar al-Assad, escalated into a civil war, but the splinted rebel movement failed to topple the government.

But the war was gruesome. The government employed poison gas, barrel bombs and suffocating sieges on rebellious communities, and waged a ruthless assault on civilian opponents, throwing hundreds of thousands into filthy prisons where many were tortured and killed.

Some Arab countries have begun restoring ties with the government in an effort to move past the war, although strict sanctions by the United States and other Western countries have blocked most investment.

The United States initially provided covert military support to the rebels, but as the war splintered into multiple overlapping conflicts, America shifted its focus to fight the jihadists of the Islamic State, who at their peak controlled nearly a third of eastern Syria.

For Syrian civilians, there is less daily violence now than during the war’s earlier years, but the economy has been destroyed.

More than half of Syria’s prewar population fled their homes during the fighting, and most have not returned, including the 5.6 million refugees who largely live in destitution in neighboring Arab countries.

“Justice has not been fully accomplished,” he said. “This is a small slice of what we are talking about.”

Escobar had fought two years for his right to euthanasia in the face of opposition from doctors, clinics and courts, even though the Constitutional Court last year recognized the procedure should not be available just for the terminally ill.

Colombia's Constitutional Court removed penalties for euthanasia under certain circumstances in 1997 and ordered the procedure to be regulated in 2014. The first person in Colombia with a terminal illness to die under those rules was in 2015.

As of October 15 last year, 178 people with terminal illnesses had been legally euthanized in Colombia since 2015, according to Colombian legal rights advocacy group DescLAB.

that’s particularly true on the I.R.A., which has to build all these things in the real world.

we’re trying to do industrial physical transformation at a speed and scale unheralded in American history. This is bigger than anything we have done at this speed ever.

The money is beginning to move out the door now, but we’re on a clock. Climate change is not like some other issues where if you don’t solve it this year, it is exactly the same to solve it next year. This is an issue where every year you don’t solve it, the amount of greenhouse gases in the atmosphere builds, warming builds, the effects compound

Solve, frankly, isn’t the right word there because all we can do is abate, a lot of the problems now baked in. So how is it going, and who can actually walk us through that?

Robinson Meyer is the founding executive editor of heatmap.news

why do all these numbers differ so much? How big is this thing?

in electric vehicles and in the effort, kind of this dual effort in the law, to both encourage Americans to buy and use electric vehicles and then also to build a domestic manufacturing base for electric vehicles.

on both counts, the data’s really good on electric vehicles. And that’s where we’re getting the fastest response from industry and the clearest response from industry to the law.

ROBINSON MEYER: Factories are getting planned. Steel’s going in the ground. The financing for those factories is locked down. It seems like they’re definitely going to happen. They’re permitted. Companies are excited about them. Large Fortune 500 automakers are confidently and with certainty planning for an electric vehicle future, and they’re building the factories to do that in the United States. They’re also building the factories to do that not just in blue states. And so to some degree, we can see the political certainty for electric vehicles going forward.

in other parts of the law, partially due to just vagaries of how the law is being implemented, tax credits where the fine print hasn’t worked out yet, it’s too early to say whether the law is working and how it’s going and whether it’s going to accomplish its goal

EZRA KLEIN: I always find this very funny in a way. The Congressional Budget Office scored it. They thought it would make about $380 billion in climate investments over a decade. So then you have all these other analyses coming out.

But there’s actually this huge range of outcomes in between where the thing passes, and maybe what you wanted to have happen happens. Maybe it doesn’t. Implementation is where all this rubber meets the road

the Rhodium Group, which is a consulting firm, they think it could be as high as $522 billion, which is a big difference. Then there’s this Goldman Sachs estimate, which the administration loves, where they say they’re projecting $1.2 trillion in incentives —

ROBINSON MEYER: All the numbers differ because most of the important incentives, most of the important tax credits and subsidies in the I.R.A., are uncapped. There’s no limit to how much the government might spend on them. All that matters is that some private citizen or firm or organization come to the government and is like, hey, we did this. You said you’d give us money for it. Give us the money.

because of that, different banks have their own energy system models, their own models of the economy. Different research groups have their own models.

we know it’s going to be wrong because the Congressional Budget Office is actually quite constrained in how it can predict how these tax credits are taken up. And it’s constrained by the technology that’s out there in the country right now.

The C.B.O. can only look at the number of electrolyzers, kind of the existing hydrogen infrastructure in the country, and be like, well, they’re probably all going to use these tax credits. And so I think they said that there would be about $5 billion of take up for the hydrogen tax credits.

But sometimes money gets allocated, and then costs overrun, and there delays, and you can’t get the permits, and so on, and the thing never gets built

the fact that the estimates are going up is to them early evidence that this is going well. There is a lot of applications. People want the tax credits. They want to build these new factories, et cetera.

a huge fallacy that we make in policy all the time is assuming that once money is allocated for something, you get the thing you’re allocating the money for. Noah Smith, the economics writer, likes to call this checkism, that money equals stuff.

EZRA KLEIN: They do not want that, and not wanting that and putting every application through a level of scrutiny high enough to try and make sure you don’t have another one

I don’t think people think a lot about who is cutting these checks, but a lot of it is happening in this very obscure office of the Department of Energy, the Loan Program Office, which has gone from having $40 billion in lending authority, which is already a big boost over it not existing a couple decades ago, to $400 billion in loan authority,

the Loan Program Office as one of the best places we have data on how this is going right now and one of the offices that’s responded fastest to the I.R.A.

the Loan Program Office is basically the Department of Energy’s in-house bank, and it’s kind of the closest thing we have in the US to what exists in other countries, like Germany, which is a State development bank that funds projects that are eventually going to be profitable.

It has existed for some time. I mean, at first, it kind of was first to play after the Recovery Act of 2009. And in fact, early in its life, it gave a very important loan to Tesla. It gave this almost bridge loan to Tesla that helped Tesla build up manufacturing capacity, and it got Tesla to where it is today.

EZRA KLEIN: It’s because one of the questions I have about that office and that you see in some of the coverage of them is they’re very afraid of having another Solyndra.

Now, depending on other numbers, including the D.O.E., it’s potentially as high as $100 billion, but that’s because the whole thing about the I.R.A. is it’s meant to encourage the build-out of this hydrogen infrastructure.

EZRA KLEIN: I’m never that excited when I see a government loans program turning a profit because I think that tends to mean they’re not making risky enough loans. The point of the government should be to bear quite a bit of risk —

And to some degree, Ford now has to compete, and US automakers are trying to catch up with Chinese EV automakers. And its firms have EV battery technology especially, but just have kind of comprehensive understanding of the EV supply chain that no other countries’ companies have

ROBINSON MEYER: You’re absolutely right that this is the key question. They gave this $9.2 billion loan to Ford to build these EV battery plants in Kentucky and Tennessee. It’s the largest loan in the office’s history. It actually means that the investment in these factories is going to be entirely covered by the government, which is great for Ford and great for our build-out of EVs

And to some degree, I should say, one of the roles of L.P.O. and one of the roles of any kind of State development bank, right, is to loan to these big factory projects that, yes, may eventually be profitable, may, in fact, assuredly be profitable, but just aren’t there yet or need financing that the private market can’t provide. That being said, they have moved very slowly, I think.

And they feel like they’re moving quickly. They just got out new guidelines that are supposed to streamline a lot of this. Their core programs, they just redefined and streamlined in the name of speeding them up

However, so far, L.P.O. has been quite slow in getting out new loans

I want to say that the pressure they’re under is very real. Solyndra was a disaster for the Department of Energy. Whether that was fair or not fair, there’s a real fear that if you make a couple bad loans that go bad in a big way, you will destroy the political support for this program, and the money will be clawed back, a future Republican administration will wreck the office, whatever it might be. So this is not an easy call.

when you tell me they just made the biggest loan in their history to Ford, I’m not saying you shouldn’t lend any money to Ford, but when I think of what is the kind of company that cannot raise money on the capital markets, the one that comes to mind is not Ford

They have made loans to a number of more risky companies than Ford, but in addition to speed, do you think they are taking bets on the kinds of companies that need bets? It’s a little bit hard for me to believe that it would have been impossible for Ford to figure out how to finance factorie

ROBINSON MEYER: Now, I guess what I would say about that is that Ford is — let’s go back to why Solyndra failed, right? Solyndra failed because Chinese solar deluged the market. Now, why did Chinese solar deluge the market? Because there’s such support of Chinese financing from the state for massive solar factories and massive scale.

EZRA KLEIN: — the private market can’t. So that’s the meta question I’m asking here. In your view, because you’re tracking this much closer than I am, are they too much under the shadow of Solyndra? Are they being too cautious? Are they getting money out fast enough?

ROBINSON MEYER: I think that’s right; that basically, if we think the US should stay competitive and stay as close as it can and not even stay competitive, but catch up with Chinese companies, it is going to require large-scale state support of manufacturing.

EZRA KLEIN: OK, that’s fair. I will say, in general, there’s a constant thing you find reporting on government that people in government feel like they are moving very quickly

EZRA KLEIN: — given the procedural work they have to go through. And they often are moving very quickly compared to what has been done in that respect before, compared to what they have to get over. They are working weekends, they are working nights, and they are still not actually moving that quickly compared to what a VC firm can do or an investment bank or someone else who doesn’t have the weight of congressional oversight committees potentially calling you in and government procurement rules and all the rest of it.

ROBINSON MEYER: I think that’s a theme across the government’s implementation of the I.R.A. right now, is that generally the government feels like it’s moving as fast as it can. And if you look at the Department of Treasury, they feel like we are publishing — basically, the way that most of the I.R.A. subsidies work is that they will eventually be administered by the I.R.S., but first the Department of the Treasury has to write the guidebook for all these subsidies, right?

the law says there’s a very general kind of “here’s thousands of dollars for EVs under this circumstance.” Someone still has to go in and write all the fine print. The Department of Treasury is doing that right now for each tax credit, and they have to do that before anyone can claim that tax credit to the I.R.S. Treasury feels like it’s moving extremely quickly. It basically feels like it’s completely at capacity with these, and it’s sequenced these so it feels like it’s getting out the most important tax credits first.

Private industry feels like we need certainty. It’s almost a year since the law passed, and you haven’t gotten us the domestic content bonus. You haven’t gotten us the community solar bonus. You haven’t gotten us all these things yet.

a theme across the government right now is that the I.R.A. passed. Agencies have to write the regulations for all these tax credits. They feel like they’re moving very quickly, and yet companies feel like they’re not moving fast enough.

that’s how we get to this point where we’re 311 days out from the I.R.A. passing, and you’re like, well, has it made a big difference? And I’m like, well, frankly, wind and solar developers broadly don’t feel like they have the full understanding of all the subsidies they need yet to begin making the massive investments

I think it’s fair to say maybe the biggest bet on that is green hydrogen, if you’re looking in the bill.

We think it’s going to be an important tool in industry. It may be an important tool for storing energy in the power grid. It may be an important tool for anything that needs combustion.

ROBINSON MEYER: Yeah, absolutely. So green hydrogen — and let’s just actually talk about hydrogen broadly as this potential tool in the decarbonization tool kit.

It’s a molecule. It is a very light element, and you can burn it, but it’s not a fossil fuel. And a lot of the importance of hydrogen kind of comes back to that attribute of it.

So when we look at sectors of the economy that are going to be quite hard to decarbonize — and that’s because there is something about fossil fuels chemically that is essential to how that sector works either because they provide combustion heat and steelmaking or because fossil fuels are actually a chemical feedstock where the molecules in the fossil fuel are going into the product or because fossil fuels are so energy dense that you can carry a lot of energy while actually not carrying that much mass — any of those places, that’s where we look at hydrogen as going.

green hydrogen is something new, and the size of the bet is huge. So can you talk about first just what is green hydrogen? Because my understanding of it is spotty.

The I.R.A. is extremely generous — like extremely, extremely generous — in its hydrogen subsidies

The first is for what’s called blue hydrogen, which is hydrogen made from natural gas, where we then capture the carbon dioxide that was released from that process and pump it back into the ground. That’s one thing that’s subsidized. It’s basically subsidized as part of this broader set of packages targeted at carbon capture

green hydrogen, which is where we take water, use electrolyzers on it, basically zap it apart, take the hydrogen from the water, and then use that as a fue

The I.R.A. subsidies for green hydrogen specifically, which is the one with water and electricity, are so generous that relatively immediately, it’s going to have a negative cost to make green hydrogen. It will cost less than $0 to make green hydrogen. The government’s going to fully cover the cost of producing it.

That is intentional because what needs to happen now is that green hydrogen moves into places where we’re using natural gas, other places in the industrial economy, and it needs to be price competitive with those things, with natural gas, for instance. And so as it kind of is transported, it’s going to cost money

As you make the investment to replace the technology, it’s going to cost money. And so as the hydrogen moves through the system, it’s going to wind up being price competitive with natural gas, but the subsidies in the bill are so generous that hydrogen will cost less than $0 to make a kilogram of it

There seems to be a sense that hydrogen, green hydrogen, is something we sort of know how to make, but we don’t know how to make it cost competitive yet. We don’t know how to infuse it into all the processes that we need to be infused into. And so a place where the I.R.A. is trying to create a reality that does not yet exist is a reality where green hydrogen is widely used, we have to know how to use it, et cetera.

And they just seem to think we don’t. And so you need all these factories. You need all this innovation. Like, they have to create a whole innovation and supply chain almost from scratch. Is that right?

ROBINSON MEYER: That’s exactly right. There’s a great Department of Energy report that I would actually recommend anyone interested in this read called “The Liftoff Report for Clean Hydrogen.” They made it for a few other technologies. It’s a hundred-page book that’s basically how the D.O.E. believes we’re going to build out a clean hydrogen economy.

And, of course, that is policy in its own right because the D.O.E. is saying, here is the years we’re going to invest to have certain infrastructure come online. Here’s what we think we need. That’s kind of a signal to industry that everyone should plan around those years as well.

It’s a great book. It’s like the best piece of industrial policy I’ve actually seen from the government at all. But one of the points it makes is that you’re going to make green hydrogen. You’re then going to need to move it. You’re going to need to move it in a pipeline or maybe a truck or maybe in storage tanks that you then cart around.

Once it gets to a facility that uses green hydrogen, you’re going to need to store some green hydrogen there in storage tanks on site because you basically need kind of a backup supply in case your main supply fails. All of those things are going to add cost to hydrogen. And not only are they going to add cost, we don’t really know how to do them. We have very few pipelines that are hydrogen ready.

All of that investment needs to happen as a result to make the green hydrogen economy come alive. And why it’s so lavishly subsidized is to kind of fund all that downstream investment that’s eventually going to make the economy come true.

But a lot of what has to happen here, including once the money is given out, is that things we do know how to build get built, and they get built really fast, and they get built at this crazy scale.

So I’ve been reading this paper on what they call “The Greens’ Dilemma” by J.B. Ruhl and James Salzman, who also wrote this paper called “Old Green Laws, New Green Deal,” or something like that. And I think they get at the scale problem here really well.

“The largest solar facility currently online in the US is capable of generating 585 megawatts. To meet even a middle-road renewable energy scenario would require bringing online two new 400-megawatt solar power facilities, each taking up at least 2,000 acres of land every week for the next 30 years.”

And that’s just solar. We’re not talking wind there. We’re not talking any of the other stuff we’ve discussed here, transmission lines. Can we do that? Do we have that capacity?

ROBINSON MEYER: No, we do not. We absolutely do not. I think we’re going to build a ton of wind and solar. We do not right now have the system set up to use that much land to build that much new solar and wind by the time that we need to build it. I think it is partially because of permitting laws, and I think it’s also partially because right now there is no master plan

There’s no overarching strategic entity in the government that’s saying, how do we get from all these subsidies in the I.R.A. to net zero? What is our actual plan to get from where we are right now to where we’re emitting zero carbon as an economy? And without that function, no project is essential. No activity that we do absolutely needs to happen, and so therefore everything just kind of proceeds along at a convenient pace.

given the scale of what’s being attempted here, you might think that something the I.R.A. does is to have some entity in the government, as you’re saying, say, OK, we need this many solar farms. This is where we think we should put them. Let’s find some people to build them, or let’s build them ourselves.

what it actually does is there’s an office somewhere waiting for private companies to send in an application for a tax credit for solar that they say they’re going to build, and then we hope they build it

it’s an almost entirely passive process on the part of the government. Entirely would be going too far because I do think they talk to people, and they’re having conversations

the builder applies, not the government plans. Is that accurate?

ROBINSON MEYER: That’s correct. Yes.

ROBINSON MEYER: I think here’s what I would say, and this gets back to what do we want the I.R.A. to do and what are our expectations for the I.R.A

If the I.R.A. exists to build out a ton of green capacity and shift the political economy of the country toward being less dominated by fossil fuels and more dominated by the clean energy industry, frankly, then it is working

If the I.R.A. is meant to get us all the way to net zero, then it is not capable of that.

in 2022, right, we had no way to see how we were going to reduce emissions. We did not know if we were going to get a climate bill at all. Now, we have this really aggressive climate bill, and we’re like, oh, is this going to get us to net zero?

But getting to net zero was not even a possibility in 2022.

The issue is that the I.R.A. requires, ultimately, private actors to come forward and do these things. And as more and more renewables get onto the grid, almost mechanically, there’s going to be less interest in bringing the final pieces of decarbonized electricity infrastructure onto the grid as well.

EZRA KLEIN: Because the first things that get applied for are the ones that are more obviously profitable

The issue is when you talk to solar developers, they don’t see it like, “Am I going to make a ton of money, yes or no?” They see it like they have a capital stack, and they have certain incentives and certain ways to make money based off certain things they can do. And as more and more solar gets on the grid, building solar at all becomes less profitable

also, just generally, there’s less people willing to buy the solar.

as we get closer to a zero-carbon grid, there is this risk that basically less and less gets built because it will become less and less profitable

EZRA KLEIN: Let’s call that the last 20 percent risk

EZRA KLEIN: — or the last 40 percent. I mean, you can probably attach different numbers to that

ROBINSON MEYER: Permitting is the primary thing that is going to hold back any construction basically, especially out West,

right now permitting fights, the process under the National Environmental Policy Act just at the federal level, can take 4.5 years

let’s say every single project we need to do was applied for today, which is not true — those projects have not yet been applied for — they would be approved under the current permitting schedule in 2027.

ROBINSON MEYER: That’s before they get built.

Basically nobody on the left talked about permitting five years ago. I don’t want to say literally nobody, but you weren’t hearing it, including in the climate discussion.

people have moved to saying we do not have the laws, right, the permitting laws, the procurement laws to do this at the speed we’re promising, and we need to fix that. And then what you’re seeing them propose is kind of tweak oriented,

Permitting reform could mean a lot of different things, and Democrats and Republicans have different ideas about what it could mean. Environmental groups, within themselves, have different ideas about what it could mean.

for many environmental groups, the permitting process is their main tool. It is how they do the good that they see themselves doing in the world. They use the permitting process to slow down fossil fuel projects, to slow down projects that they see as harming local communities or the local environment.

ROBINSON MEYER: So we talk about the National Environmental Policy Act or NEPA. Let’s just start calling it NEPA. We talk about the NEPA process

NEPA requires the government basically study any environmental impact from a project or from a decision or from a big rule that could occur.

Any giant project in the United States goes through this NEPA process. The federal government studies what the environmental impact of the project will be. Then it makes a decision about whether to approve the project. That decision has nothing to do with the study. Now, notionally, the study is supposed to inform the project.

the decision the federal government makes, the actual “can you build this, yes or no,” legally has no connection to the study. But it must conduct the study in order to make that decision.

that permitting reform is so tough for the Democratic coalition specifically is that this process of forcing the government to amend its studies of the environmental impact of various decisions is the main tool that environmental litigation groups like Earthjustice use to slow down fossil fuel projects and use to slow down large-scale chemical or industrial projects that they don’t think should happen.

when we talk about making this program faster, and when we talk about making it more immune to litigation, they see it as we’re going to take away their main tools to fight fossil fuel infrastructure

why there’s this gap between rhetoric and what’s actually being proposed is that the same tool that is slowing down the green build-out is also what’s slowing down the fossil fuel build-out

ROBINSON MEYER: They’re the classic conflict here between the environmental movement classic, let’s call it, which was “think globally, act locally,” which said “we’re going to do everything we can to preserve the local environment,” and what the environmental movement and the climate movement, let’s say, needs to do today, which is think globally, act with an eye to what we need globally as well, which is, in some cases, maybe welcome projects that may slightly reduce local environmental quality or may seem to reduce local environmental quality in the name of a decarbonized world.

Because if we fill the atmosphere with carbon, nobody’s going to get a good environment.

Michael Gerrard, who is professor at Columbia Law School. He’s a founder of the Sabin Center for Climate Change Law there. It’s called “A Time for Triage,” and he has this sort of interesting argument that the environmental movement in general, in his view, is engaged in something he calls trade-off denial.

his view and the view of some people is that, look, the climate crisis is so bad that we just have to make those choices. We have to do things we would not have wanted to do to preserve something like the climate in which not just human civilization, but this sort of animal ecosystem, has emerged. But that’s hard, and who gets to decide which trade-offs to make?

what you’re not really seeing — not really, I would say, from the administration, even though they have some principles now; not really from California, though Gavin Newsom has a set of early things — is “this is what we think we need to make the I.R.A. happen on time, and this is how we’re going to decide what is a kind of project that gets this speedway through,” w

there’s a failure on the part of, let’s say, the environmental coalition writ large to have the courage to have this conversation and to sit down at a table and be like, “OK, we know that certain projects aren’t happening fast enough. We know that we need to build out faster. What could we actually do to the laws to be able to construct things faster and to meet our net-zero targets and to let the I.R.A. kind achieve what it could achieve?”

part of the issue is that we’re in this environment where Democrats control the Senate, Republicans control the House, and it feels very unlikely that you could just get “we are going to accelerate projects, but only those that are good for climate change,” into the law given that Republicans control the House.

part of the progressive fear here is that the right solutions must recognize climate change. Progressives are very skeptical that there are reforms that are neutral on the existence of climate change and whether we need to build faster to meet those demands that can pass through a Republican-controlled House.

one of the implications of that piece was it was maybe a huge mistake for progressives not to have figured out what they wanted here and could accept here, back when the negotiating partner was Joe Manchin.

Manchin’s bill is basically a set of moderate NEPA reforms and transmission reforms. Democrats, progressives refuse to move on it. Now, I do want to be fair here because I think Democrats absolutely should have seized on that opportunity, because it was the only moment when — we could tell already that Democrats — I mean, Democrats actually, by that moment, had lost the House.

I do want to be fair here that Manchin’s own account of what happened with this bill is that Senate Republicans killed it and that once McConnell failed to negotiate on the bill in December, Manchin’s bill was dead.

EZRA KLEIN: It died in both places.ROBINSON MEYER: It died in both places. I think that’s right.

Republicans already knew they were going to get the House, too, so they had less incentive to play along. Probably the time for this was October.

EZRA KLEIN: But it wasn’t like Democrats were trying to get this one done.

EZRA KLEIN: To your point about this was all coming down to the wire, Manchin could have let the I.R.A. pass many months before this, and they would have had more time to negotiate together, right? The fact that it was associated with Manchin in the way it was was also what made it toxic to progressives, who didn’t want to be held up by him anymore.

What becomes clear by the winter of this year, February, March of this year, is that as Democrats and Republicans begin to talk through this debt-ceiling process where, again, permitting was not the main focus. It was the federal budget. It was an entirely separate political process, basically.

EZRA KLEIN: I would say the core weirdness of the debt-ceiling fight was there was no main focus to it.

EZRA KLEIN: It wasn’t like past ones where it was about the debt. Republicans did some stuff to cut spending. They also wanted to cut spending on the I.R.S., which would increase the debt, right? It was a total mishmash of stuff happening in there.

That alchemy goes into the final debt-ceiling negotiations, which are between principals in Congress and the White House, and what we get is a set of basically the NEPA reforms in Joe Manchin’s bill from last year and the Mountain Valley pipeline, the thing that environmentalists were focused on blocking, and effectively no transmission reforms.

the set of NEPA reforms that were just enacted, that are now in the law, include — basically, the word reasonable has been inserted many times into NEPA. [LAUGHS] So the law, instead of saying the government has to study all environmental impacts, now it has to study reasonable environmental impacts.

this is a kind of climate win — has to study the environmental impacts that could result from not doing a project. The kind of average NEPA environmental impact study today is 500 pages and takes 4.5 years to produce. Under the law now, the government is supposed to hit a page limit of 150 to 300 pages.

there’s a study that’s very well cited by progressives from three professors in Utah who basically say, well, when you look at the National Forest Service, and you look at this 40,000 NEPA decisions, what mostly holds up these NEPA decisions is not like, oh, there’s too many requirements or they had to study too many things that don’t matter. It’s just there wasn’t enough staff and that staffing is primarily the big impediment. And so on the one hand, I think that’s probably accurate in that these are, in some cases — the beast has been starved, and these are very poorly staffed departments

The main progressive demand was just “we must staff it better.”

But if it’s taking you this much staffing and that much time to say something doesn’t apply to you, maybe you have a process problem —ROBINSON MEYER: Yes.EZRA KLEIN: — and you shouldn’t just throw endless resources at a broken process, which brings me — because, again, you can fall into this and never get out — I think, to the bigger critique her

these bills are almost symbolic because there’s so much else happening, and it’s really the way all this interlocks and the number of possible choke points, that if you touch one of them or even you streamline one of them, it doesn’t necessarily get you that f

“All told, over 60 federal permitting programs operate in the infrastructure approval regime, and that is just the federal system. State and local approvals and impact assessments could also apply to any project.”

their view is that under this system, it’s simply not possible to build the amount of decarbonization infrastructure we need at the pace we need it; that no amount of streamlining NEPA or streamlining, in California, CEQA will get you there; that we basically have been operating under what they call an environmental grand bargain dating back to the ’70s, where we built all of these processes to slow things down and to clean up the air and clean up the water.

we accepted this trade-off of slower building, quite a bit slower building, for a cleaner environment. And that was a good trade. It was addressing the problems of that era

now we have the problems of this era, which is we need to unbelievably, rapidly build out decarbonization infrastructure to keep the climate from warming more than we can handle and that we just don’t have a legal regime or anything.

You would need to do a whole new grand bargain for this era. And I’ve not seen that many people say that, but it seems true to me

the role that America had played in the global economy in the ’50s and ’60s where we had a ton of manufacturing, where we were kind of the factory to a world rebuilding from World War II, was no longer tenable and that, also, we wanted to focus on more of these kind of high-wage, what we would now call knowledge economy jobs.That was a large economic transition happening in the ’70s and ’80s, and it dovetailed really nicely with the environmental grand bargain.

At some point, the I.R.A. recognizes that that environmental grand bargain is no longer operative, right, because it says, we’re going to build all this big fiscal fixed infrastructure in the United States, we’re going to become a manufacturing giant again, but there has not been a recognition among either party of what exactly that will mean and what will be required to have it take hold.

It must require a form of on-the-ground, inside-the-fenceline, “at the site of the power plant” pollution control technology. The only way to do that, really, is by requiring carbon capture and requiring the large construction of major industrial infrastructure at many, many coal plants and natural gas plants around the country in order to capture carbon so it doesn’t enter the atmosphere, and so we don’t contribute to climate change. That is what the Supreme Court has ruled. Until that body changes, that is going to be the law.

So the E.P.A. has now, last month, proposed a new rule under the Clean Air Act that is going to require coal plants and some natural gas plants to install carbon capture technology to do basically what the Supreme Court has all but kind of required the E.P.A. to do

the E.P.A. has to demonstrate, in order to kind of make this rule the law and in order to make this rule pass muster with the Supreme Court, that this is tenable, that this is the best available and technologically feasible option

that means you actually have to allow carbon capture facilities to get built and you have to create a legal process that will allow carbon capture facilities to get built. And that means you need to be able to tell a power plant operator that if they capture carbon, there’s a way they can inject it back into the ground, the thing that they’re supposed to do with it.

Well, E.P.A. simultaneously has only approved the kind of well that you need to inject carbon that you’ve captured from a coal factory or a natural gas line back into the ground. It’s called a Class 6 well. The E.P.A. has only ever approved two Class 6 wells. It takes years for the E.P.A. to approve a Class 6 well.

And environmental justice groups really, really oppose these Class 6 wells because they see any carbon capture as an effort to extend the life of the fossil fuel infrastructure

The issue here is that it seems like C.C.S., carbon capture, is going to be essential to how the U.S. decarbonizes. Legally, we have no other choice because of the constraints the Supreme Court has placed on the E.P.A.. At the same time, environmental justice groups, and big green groups to some extent, oppose building out any C.C.S.

to be fair to them, right, they would say there are other ways to decarbonize. That may not be the way we’ve chosen because the politics weren’t there for it, but there are a lot of these groups that believe you could have 100 percent renewables, do not use all that much carbon capture, right? They would have liked to see a different decarbonization path taken too. I’m not sure that path is realistic.

what you do see are environmental groups opposing making it possible to build C.C.S. anywhere in the country at all.

EZRA KLEIN: The only point I’m making here is I think this is where you see a compromise a lot of them didn’t want to make —ROBINSON MEYER: Exactly, yeah.EZRA KLEIN: — which is a decarbonization strategy that actually does extend the life cycle of a lot of fossil fuel infrastructure using carbon capture. And because they never bought onto it, they’re still using the pathway they have to try to block it. The problem is that’s part of the path that’s now been chosen. So if you block it, you just don’t decarbonize. It’s not like you get the 100 percent renewable strategy.

ROBINSON MEYER: Exactly. The bargain that will emerge from that set of actions and that set of coalitional trade-offs is we will simply keep running this, and we will not cap it.

What could be possible is that progressives and Democrats and the E.P.A. turns around and says, “Oh, that’s fine. You can do C.C.S. You just have to cap every single stationary source in the country.” Like, “You want to do C.C.S.? We totally agree. Essential. You must put CSS infrastructure on every power plant, on every factory that burns fossil fuels, on everything.”

If progressives were to do that and were to get it into the law — and there’s nothing the Supreme Court has said, by the way, that would limit progressives from doing that — the upshot would be we shut down a ton more stationary sources and a ton more petrochemical refineries and these bad facilities that groups don’t want than we would under the current plan.

what is effectively going to happen is that way more factories and power plants stay open and uncapped than would be otherwise.

EZRA KLEIN: So Republican-controlled states are just on track to get a lot more of it. So the Rocky Mountain Institute estimates that red states will get $623 billion in investments by 2030 compared to $354 billion for blue states.

why are red states getting so much more of this money?

ROBINSON MEYER: I think there’s two reasons. I think, first of all, red states have been more enthusiastic about getting the money. They’re the ones giving away the tax credits. They have a business-friendly environment. And ultimately, the way many, many of these red-state governors see it is that these are just businesses.

I think the other thing is that these states, many of them, are right-to-work states. And so they might pay their workers less. They certainly face much less risk financially from a unionization campaign in their state.

regardless of the I.R.A., that’s where manufacturing and industrial investment goes in the first place. And that’s where it’s been going for 20 years because of the set of business-friendly and local subsidies and right-to-work policies.

I think the administration would say, we want this to be a big union-led effort. We want it to go to the Great Lakes states that are our political firewall.

and it would go to red states, because that’s where private industry has been locating since the ’70s and ’80s, and it would go to the Southeast, right, and the Sunbelt, and that that wouldn’t be so bad because then you would get a dynamic where red-state senators, red-state representatives, red-state governors would want to support the transition further and would certainly not support the repeal of the I.R.A. provisions and the repeal of climate provisions, and that you’d get this kind of nice vortex of the investment goes to red states, red states feel less antagonistic toward climate policies, more investment goes to red states. Red-state governors might even begin to support environmental regulation because that basically locks in benefits and advantages to the companies located in their states already.

I think what you see is that Republicans are increasingly warming to EV investment, and it’s actually building out renewables and actually building out clean electricity generation, where you see them fighting harder.

The other way that permitting matters — and this gets into the broader reason why private investment was generally going to red states and generally going to the Sunbelt — is that the Sunbelt states — Georgia, Texas — it’s easier to be there as a company because housing costs are lower and because the cost of living is lower in those states.

it’s also partially because the Sunbelt and the Southeast, it was like the last part of the country to develop, frankly, and there’s just a ton more land around all the cities, and so you can get away with the sprawling suburban growth model in those citie

It’s just cheaper to keep building suburbs there.

EZRA KLEIN: So how are you seeing the fights over these rare-earth metals and the effort to build a safe and, if not domestic, kind of friend-shored supply chain there?

Are we going to be able to source some of these minerals from the U.S.? That process seems to be proceeding but going slowly. There are some minerals we’re not going to be able to get from the United States at all and are going to have to get from our allies and partners across the world.

The kind of open question there is what exactly is the bargain we’re going to strike with countries that have these critical minerals, and will it be fair to those countries?

it isn’t to say that I think the I.R.A. on net is going to be bad for other countries. I just think we haven’t really figured out what deal and even what mechanisms we can use across the government to strike deals with other countries to mine the minerals in those countries while being fair and just and creating the kind of economic arrangement that those countries want.

, let’s say we get the minerals. Let’s say we learn how to refine them. There is many parts of the battery and many parts of EVs and many, many subcomponents in these green systems that there’s not as strong incentive to produce in the U.S.

at the same time, there’s a ton of technology. One answer to that might be to say, OK, well, what the federal government should do is just make it illegal for any of these battery makers or any of these EV companies to work with Chinese companies, so then we’ll definitely establish this parallel supply chain. We’ll learn how to make cathodes and anodes. We’ll figure it out

The issue is that there’s technology on the frontier that only Chinese companies have, and U.S. automakers need to work with those companies in order to be able to compete with them eventually.

EZRA KLEIN: How much easier would it be to achieve the I.R.A.’s goals if America’s relationship with China was more like its relationship with Germany?

ROBINSON MEYER: It would be significantly easier, and I think we’d view this entire challenge very differently, because China, as you said, not only is a leader in renewable energy. It actually made a lot of the important technological gains over the past 15 years to reducing the cost of solar and wind. It really did play a huge role on the supply side of reducing the cost of these technologies.

If we could approach that, if China were like Germany, if China were like Japan, and we could say, “Oh, this is great. China’s just going to make all these things. Our friend, China, is just going to make all these technologies, and we’re going to import them.

So it refines 75 percent of the polysilicon that you need for solar, but the machines that do the refining, 99 percent of them are made in China. I think it would be reckless for the U.S. to kind of rely on a single country and for the world to rely on a single country to produce the technologies that we need for decarbonization and unwise, regardless of our relationship with that country.

We want to geographically diversify the supply chain more, but it would be significantly easier if we did not have to also factor into this the possibility that the US is going to need to have an entirely separate supply chain to make use of for EVs, solar panels, wind turbines, batteries potentially in the near-term future.

, what are three other books they should read?

The first book is called “The End of the World” by Peter Brannen. It’s a book that’s a history of mass extinctions, the Earth’s five mass extinctions, and, actually, why he doesn’t think we’re currently in a mass extinction or why, at least, things would need to go just as bad as they are right now for thousands and thousands of years for us to be in basically the sixth extinction.

The book’s amazing for two reasons. The first is that it is the first that really got me to understand deep time.

he explains how one kind of triggered the next one. It is also an amazing book for understanding the centrality of carbon to Earth’s geological history going as far back as, basically, we can track.

“Climate Shock” by Gernot Wagner and Marty Weitzman. It’s about the economics of climate change

Marty Weitzman, who I think, until recently, was kind of the also-ran important economist of climate change. Nordhaus was the famous economist. He was the one who got all attention. He’s the one who won the Nobel.

He focuses on risk and that climate change is specifically bad because it will damage the environment, because it will make our lives worse, but it’s really specifically bad because we don’t know how bad it will be

it imposes all these huge, high end-tail risks and that blocking those tail risks is actually the main thing we want to do with climate policy.

That is I think, in some ways, what has become the U.S. approach to climate change and, to some degree, to the underlying economic thinking that drives even the I.R.A., where we want to just cut off these high-end mega warming scenarios. And this is a fantastic explanation of that particular way of thinking and of how to apply that way of thinking to climate change and also to geoengineerin

The third book, a little controversial, is called “Shorting the Grid” by Meredith Angwin

her argument is basically that electricity markets are not the right structure to organize our electricity system, and because we have chosen markets as a structured, organized electricity system in many states, we’re giving preferential treatment to natural gas and renewables, two fuels that I think climate activists may feel very different ways about, instead of coal, which she does think we should phase out, and, really, nuclear

By making it easier for renewables and natural gas to kind of accept these side payments, we made them much more profitable and therefore encouraged people to build more of them and therefore underinvested in the forms of generation, such as nuclear, that actually make most of their money by selling electrons to the grid, where they go to people’s homes.

NHTSA said it has an “active investigation” of Autopilot. “NHTSA generally does not comment on matters related to open investigations,” NHTSA spokeswoman Veronica Morales said in a statement. In 2021, the agency adopted a rule requiring carmakers such as Tesla to report crashes involving their driver-assistance systems.Beyond the data collection, though, there are few clear legal limitations on how this type of advanced driver-assistance technology should operate and what capabilities it should have.

“Tesla has decided to take these much greater risks with the technology because they have this sense that it’s like, ‘Well, you can figure it out. You can determine for yourself what’s safe’ — without recognizing that other road users don’t have that same choice,” former NHTSA administrator Steven Cliff said in an interview.“If you’re a pedestrian, [if] you’re another vehicle on the road,” he added, “do you know that you’re unwittingly an object of an experiment that’s happening?”

Banner researched Tesla for years before buying a Model 3 in 2018, his wife, Kim, told federal investigators. Around the time of his purchase, Tesla’s website featured a video showing a Tesla navigating the curvy roads and intersections of California while a driver sits in the front seat, hands hovering beneath the wheel.The video, recorded in 2016, is still on the site today.“The person in the driver’s seat is only there for legal reasons,” the video says. “He is not doing anything. The car is driving itself.”

Musk made a similar assertion about a more sophisticated form of Autopilot called Full Self-Driving on an earnings call in July. “Now, I know I’m the boy who cried FSD,” he said. “But man, I think we’ll be better than human by the end of this year.”

While the video concerned Full Self-Driving, which operates on surface streets, the plaintiffs in the Banner case argue Tesla’s “marketing does not always distinguish between these systems.”

Not only is the marketing misleading, plaintiffs in several cases argue, the company gives drivers a long leash when deciding when and how to use the technology. Though Autopilot is supposed to be enabled in limited situations, it sometimes works on roads it’s not designed for. It also allows drivers to go short periods without touching the wheel and to set cruising speeds well above posted speed limits.

Identifying semi-trucks is a particular deficiency that engineers have struggled to solve since Banner’s death, according to a former Autopilot employee who spoke on the condition of anonymity for fear of retribution.

Tesla complicated the matter in 2021 when it eliminated radar sensors from its cars, The Post previously reported, making vehicles such as semi-trucks appear two-dimensional and harder to parse.

“If a system turns on, then at least some users will conclude it must be intended to work there,” Koopman said. “Because they think if it wasn’t intended to work there, it wouldn’t turn on.”Andrew Maynard, a professor of advanced technology transitions at Arizona State University, said customers probably just trust the technology.“Most people just don’t have the time or ability to fully understand the intricacies of it, so at the end they trust the company to protect them,” he said.

Though prostitution is legal in India, those who practice it have long faced marginalization, violence and police harassment. A panel set up in 2011 to examine these issues has made a series of recommendations over the past six years, but none have been written into law.

In that order, the court identified two categories: consenting adults voluntarily employed in prostitution; and minors, trafficking victims and those eager to leave the industry.

“It is as if they are a class whose rights are not recognized,” the court added. “The police and other law enforcement agencies should be sensitized to the rights of sex workers who also enjoy all basic human rights and other rights guaranteed in the Constitution to all citizens. Police should treat all sex workers with dignity.”

The court also clarified that prostitutes should not be separated from their children.

India is among a small handful of countries, including Canada and New Zealand, that have instituted legal protections for prostitutes. Though performing sexual acts for money itself is legal, running a brothel and other related activities, like soliciting and pimping, are not.

Rights groups estimate that India has about 900,000 prostitutes. Most, they say, have been pushed into the work by crushing poverty and sometimes forced into it by human traffickers. Others have chosen it over other informal employment opportunities, researchers have found.

The Supreme Court order addresses something that the United Nations and other institutions have stressed: decriminalizing sex work is, alone, not enough to improve conditions for workers in the industry. Governments need to lift other impediments to ensure equal treatment.

Zareena, 55, who asked that only her first name be used because of the stigma attached to her profession, said that she had been trafficked into the sex trade at the age of 12 but that, as an adult, she chose to continue the work to support her four children.

When she heard about the court’s directive on Friday, she said, she was hopeful it would free prostitutes from the fear of being dragged into police stations, where they were often harassed for bribes.