1
U(D54G1D)y+%!}!?!$!" WASHINGTON — President Trump appeared to secure enough support on Monday to fill the Su- preme Court seat left open by the death of Justice Ruth Bader Gins- burg, although Senate Republi- cans remained publicly undecided if they would try to force through his nominee before the election or wait until after voters have de- cided whether to grant him a sec- ond term. With key Republican senators agreeing to install a new justice at least by year’s end, Mr. Trump said he would announce his choice for the seat by Friday or “proba- bly Saturday,” after memorial services for Justice Ginsburg, and pressed his allies to vote before the election in what would be the fastest contested Supreme Court confirmation in modern history. Such a timetable, however, would leave only 38 days for the Senate to act and, as a practical matter, even less time because it is highly unlikely that Republicans would want to vote in the last few days before an election in which several of them face serious threats. Some senior Republican senators were still expressing caution about such an accelerated timetable even with the votes seemingly in hand. The president was buoyed after Senators Charles E. Grassley of Iowa and Cory Gardner of Col- orado, two of three remaining Re- publicans who might have op- posed filling the seat, announced that they would support moving ahead with a nomination even though they refused to consider SENATORS LINE UP TO AID PRESIDENT IN NOMINEE FIGHT KEY LAWMAKERS AGREE Pick to Replace Ginsburg May Be Made Public This Weekend By PETER BAKER and NICHOLAS FANDOS A memorial for Justice Ruth Bader Ginsburg near the court. MICHAEL A. MCCOY FOR THE NEW YORK TIMES Continued on Page A19 Late Edition VOL. CLXX .... No. 58,824 © 2020 The New York Times Company NEW YORK, TUESDAY, SEPTEMBER 22, 2020 When Senator Lindsey Graham joined a Republican blockade of President Barack Obama’s Su- preme Court nominee in 2016, he went out of his way to frame his position that a confirmation to the court should never be allowed in an election year as principled, apolitical and utterly permanent. “I want you to use my words against me,” Mr. Graham said then, swearing that he would hold the same stance even if it meant denying a future Republican pres- ident the chance to confirm his chosen nominee. But less than 24 hours after that hypothetical became a reality with the death of Justice Ruth Ba- der Ginsburg on Friday, Mr. Gra- ham, now the chairman of the Ju- diciary Committee, made a com- plete and brazen reversal. He promised that he would push for- ward immediately to confirm President Trump’s pick — seem- ingly unbothered by the obvious conflict between his position four years ago and his stance now. “I am certain if the shoe were on the other foot,” Mr. Graham wrote Monday to Democrats on the judi- ciary panel, “you would do the same.” Just weeks before Election Day, the turnabout by Mr. Graham, whose panel will lead the confir- mation process for Mr. Trump, captures the broader flip-flop of almost the entire Senate Republi- can Conference, as dozens of sen- ators who held together in 2016 to prevent Mr. Obama from filling a Supreme Court seat now rush to deliver the current president his choice to replace Justice Gins- burg. For Mr. Graham, who is facing a tougher-than-expected re-elec- tion contest in South Carolina, it is also the latest stage in a remark- able political transformation, from conservative institutionalist and outspoken critic of Mr. Trump to a loyal foot soldier for the presi- dent. His switch has drawn bitter crit- icism from Mr. Graham’s political opponents, an ad attacking him as hypocritical and even protests outside his Capitol Hill home, where demonstrators with mega- phones and drums gathered Mon- day morning to demand he not be- gin the confirmation proceedings. “He said, ‘Use my words against me!’” they chanted. In South Carolina, Jaime Harri- son, the Democrat challenging Mr. Graham, was quick to snap up the senator’s 2016 invitation to use his own statements against him. Graham Seeks To Justify Shift On Court Vote Backed Delay in 2016, but Now Urges Haste By CATIE EDMONDSON TODD HEISLER/THE NEW YORK TIMES Mayor Bill de Blasio greeted pre-K students in Elmhurst, Queens, on Monday as New York City schools began to reopen. Page A7. Is That a Smile I Don’t See? For much of 2020, Al Gross’s Senate campaign in Alaska has proceeded as something of an af- terthought for most Democrats, a distant contest that was off the ra- dar in terms of determining con- trol of the U.S. Senate. After all, Mr. Gross is not even technically running as a Democrat, an affili- ation that might doom him in a conservative state. But in the hours after Justice Ruth Bader Ginsburg’s death on Friday, Dr. Gross’s campaign as an independent saw an infusion of at- tention and cash that could re- shape the race: Nearly $3 million has poured into his coffers — about as much total money as the campaign had in the bank at the end of July. “Within 15 minutes of the sad news, you saw truly organic movement,” said David Keith, who is managing Dr. Gross’s bid to oust Senator Dan Sullivan, a Re- publican. From Alaska to Maine to the Carolinas, Democratic strategists working on Senate campaigns de- scribed a spontaneous outpouring of donations the likes of which they had never seen, allowing Democrats the financial freedom to broaden the map of pickup op- portunities, or press their finan- cial advantage in top battle- grounds already saturated with advertising. By Monday, Democratic con- tributors had given more than $150 million online through Act- Blue, the leading site for process- ing digital donations. ActBlue broke one record after another — its biggest hour in 16 years, its busiest day, its busiest weekend — after Justice Ginsburg’s death. An estimated tens of millions of dol- Influx of Donations to Democrats Reshapes Race to Control Senate By SHANE GOLDMACHER and JEREMY W. PETERS Last summer, Peter Gelb, the general manager of the Metropoli- tan Opera, convened the execu- tive committee of the company’s board to announce the end of one of the highest-profile, messiest feuds in the Met’s nearly 140-year history. A bitter court battle had concluded between the company and the conductor James Levine, who had shaped the Met’s artistic identity for more than four dec- ades before his career was en- gulfed by allegations of sexual im- proprieties. Mr. Gelb told the committee that the resolution was advanta- geous to the Met. But the settle- ment, whose terms have not been publicly disclosed until now, called for the company and its in- surer to pay Mr. Levine $3.5 mil- lion, according to two people fa- miliar with its terms. The Met had fired Mr. Levine in 2018 after an internal investiga- tion uncovered what the company called credible evidence of “sexu- ally abusive and harassing con- duct toward vulnerable artists in the early stages of their careers.” Rather than going quietly, Mr. Le- vine sued the company for breach of contract and defamation, seek- ing at least $5.8 million. The Met countersued, revealing lurid de- tails of its investigation and claim- ing that Mr. Levine’s misconduct had violated his duties. It sought Conductor Fired by Met Opera Received a $3.5 Million Payout By JAMES B. STEWART and MICHAEL COOPER Messy Misconduct Case Ended in Settlement Continued on Page A21 Just days after publishing sig- nificant new guidance on airborne transmission of the coronavirus, the Centers for Disease Control and Prevention on Monday with- drew the advice, saying only that it had been “posted in error” on the agency’s website. The rapid reversal prompted consternation among scientists and again called into question the credibility of the world’s premier health agency, even as President Trump and his senior health offi- cials have sought to undermine C.D.C. scientists. The president faces an election whose outcome may turn on pub- lic perception of his handling of the coronavirus pandemic. The turnabout arrived as the number of virus-related deaths in the United States approached the 200,000 mark. Tens of thousands of new infections are reported ev- ery day, and experts fear a re- surgence as cooler weather ap- proaches and people spend more time indoors. The new document for the first time had acknowledged that the virus spreads mainly by air, a dec- laration with urgent implications for how people protect themselves indoors and how ventilation should be engineered in schools, offices, hospitals and other public buildings. Experts with knowledge of the incident said on Monday that the latest reversal appeared to be a genuine mistake in the agency’s scientific review process, rather than the result of political med- dling. Officials said the agency would soon publish revised guid- ance. C.D.C. Again Taken to Task On Guidance By APOORVA MANDAVILLI Continued on Page A6 PORTLAND, Ore. — Terrance Moses was watching protesters against police brutality march down his quiet residential street one recent evening when some in the group of a few hundred sud- denly stopped and started yelling. Mr. Moses was initially not sure what the protesters were upset about, but as he got closer, he saw it: His neighbors had an American flag on display. “It went from a peaceful march, calling out the names, to all of a sudden, bang, ‘How dare you fly the American flag?’” said Mr. Mo- ses, who is Black and runs a non- profit group in the Portland area. “They said take it down. They wouldn’t leave. They said they’re going to come back and burn the house down.” Mr. Moses and others blocked the demonstrators and told them to leave. “We don’t go around terrorizing folks to try and force them to do something they don’t want to do,” said Mr. Moses, whose group pro- vides support for local homeless people. “I’m a veteran. I’m for these liberties.” Nearly four months after the killing of George Floyd by the Minneapolis police, some pro- testers are taking a more con- frontational — and personal — ap- proach. The marches in Portland are increasingly moving to resi- dential and largely white neigh- borhoods, where demonstrators with bullhorns shout for people to come “out of your house and into the street” and demonstrate their support. These more aggressive pro- tests target ordinary people going about their lives, especially those Protesters Pressure Bystanders to Choose a Side By NELLIE BOWLES Continued on Page A20 Movement Divided by Aggressive Approach Outside Homes OJ KOLOTI/GALLO IMAGES, VIA GETTY IMAGES Mourning Nathaniel Julies, a teenager with Down syndrome who was killed by officers. Page A10. Police, Death and Race in South Africa Continued on Page A19 Continued on Page A17 Aquariums are working to put deep-sea creatures on display. Above, a coronate jelly in a tank specially designed to protect its fragile body. PAGE D1 SCIENCE TIMES D1-8 Up From the Depths This year’s version of the photography fair has locations in all five boroughs, all outside for safe viewing. PAGE C1 ARTS C1-6 Photoville, in Outdoor Lighting Restaurants are ordered to close early, but critics say the move will hurt the struggling economy. PAGE A4 TRACKING AN OUTBREAK A4-7 Limits for Pubs in Britain People who miss the travel experience are rushing to board planes that take off and land in the same place. PAGE A6 Flocking to ‘Flights to Nowhere’ At Sunday’s awards show, there were some bits that fell flat and a few mo- ments of genuine poignancy. PAGE C1 Best and Worst of Emmys The Justice Department listed New York, Seattle and Portland as cities that might lose federal funding for allegedly failing to control lawlessness. PAGE A20 NATIONAL A11-21 Trump Targets Liberal Cities The social network tried stopping the spread of the conspiracy theory and other extremist material. But QAnon groups are still thriving there. PAGE B1 BUSINESS B1-6 QAnon Outwits Facebook A new book by one of the special coun- sel’s top deputies, Andrew Weissmann, is the first inside account of the investi- gation on Russian meddling. PAGE A12 Inside the Mueller Inquiry With a scorn for science, President Trump and many of his supporters are minimizing a tragedy that has killed almost 200,000 Americans. PAGE A15 Denial and Defiance on Virus The Raiders’ first home game in Las Vegas culminated the league’s gradual acceptance of and growing links to legal sports wagering. PAGE B7 SPORTSTUESDAY B7-10 The N.F.L. Likes the Odds Paul Krugman PAGE A22 EDITORIAL, OP-ED A22-23 Today, sunshine, not as cool, high 72. Tonight, mainly clear, not as cool, low 58. Tomorrow, mostly sunny, be- coming breezy, warmer, high 77. Weather map appears on Page B8. $3.00

IN NOMINEE FIGHT TO AID PRESIDENT SENATORS LINE UP · 16 hours ago  · President Barack Obama s Su-preme Court nominee in 2016, he went out of his way to frame his position that

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Page 1: IN NOMINEE FIGHT TO AID PRESIDENT SENATORS LINE UP · 16 hours ago  · President Barack Obama s Su-preme Court nominee in 2016, he went out of his way to frame his position that

C M Y K Nxxx,2020-09-22,A,001,Bs-4C,E1

U(D54G1D)y+%!}!?!$!"

WASHINGTON — PresidentTrump appeared to secure enoughsupport on Monday to fill the Su-preme Court seat left open by thedeath of Justice Ruth Bader Gins-burg, although Senate Republi-cans remained publicly undecidedif they would try to force throughhis nominee before the election orwait until after voters have de-cided whether to grant him a sec-ond term.

With key Republican senatorsagreeing to install a new justice atleast by year’s end, Mr. Trumpsaid he would announce his choicefor the seat by Friday or “proba-bly Saturday,” after memorialservices for Justice Ginsburg, andpressed his allies to vote beforethe election in what would be thefastest contested Supreme Courtconfirmation in modern history.

Such a timetable, however,would leave only 38 days for theSenate to act and, as a practicalmatter, even less time because it ishighly unlikely that Republicanswould want to vote in the last fewdays before an election in whichseveral of them face seriousthreats. Some senior Republicansenators were still expressingcaution about such an acceleratedtimetable even with the votesseemingly in hand.

The president was buoyed afterSenators Charles E. Grassley ofIowa and Cory Gardner of Col-orado, two of three remaining Re-publicans who might have op-posed filling the seat, announcedthat they would support movingahead with a nomination eventhough they refused to consider

SENATORS LINE UPTO AID PRESIDENTIN NOMINEE FIGHT

KEY LAWMAKERS AGREE

Pick to Replace GinsburgMay Be Made Public

This Weekend

By PETER BAKERand NICHOLAS FANDOS

A memorial for Justice RuthBader Ginsburg near the court.

MICHAEL A. MCCOY FOR THE NEW YORK TIMES

Continued on Page A19

Late Edition

VOL. CLXX . . . . No. 58,824 © 2020 The New York Times Company NEW YORK, TUESDAY, SEPTEMBER 22, 2020

When Senator Lindsey Grahamjoined a Republican blockade ofPresident Barack Obama’s Su-preme Court nominee in 2016, hewent out of his way to frame hisposition that a confirmation to thecourt should never be allowed inan election year as principled,apolitical and utterly permanent.

“I want you to use my wordsagainst me,” Mr. Graham saidthen, swearing that he would holdthe same stance even if it meantdenying a future Republican pres-ident the chance to confirm hischosen nominee.

But less than 24 hours after thathypothetical became a realitywith the death of Justice Ruth Ba-der Ginsburg on Friday, Mr. Gra-ham, now the chairman of the Ju-diciary Committee, made a com-plete and brazen reversal. Hepromised that he would push for-ward immediately to confirmPresident Trump’s pick — seem-ingly unbothered by the obviousconflict between his position fouryears ago and his stance now.

“I am certain if the shoe were onthe other foot,” Mr. Graham wroteMonday to Democrats on the judi-ciary panel, “you would do thesame.”

Just weeks before Election Day,the turnabout by Mr. Graham,whose panel will lead the confir-mation process for Mr. Trump,captures the broader flip-flop ofalmost the entire Senate Republi-can Conference, as dozens of sen-ators who held together in 2016 toprevent Mr. Obama from filling aSupreme Court seat now rush todeliver the current president hischoice to replace Justice Gins-burg.

For Mr. Graham, who is facing atougher-than-expected re-elec-tion contest in South Carolina, it isalso the latest stage in a remark-able political transformation,from conservative institutionalistand outspoken critic of Mr. Trumpto a loyal foot soldier for the presi-dent.

His switch has drawn bitter crit-icism from Mr. Graham’s politicalopponents, an ad attacking him ashypocritical and even protestsoutside his Capitol Hill home,where demonstrators with mega-phones and drums gathered Mon-day morning to demand he not be-gin the confirmation proceedings.

“He said, ‘Use my wordsagainst me!’” they chanted.

In South Carolina, Jaime Harri-son, the Democrat challengingMr. Graham, was quick to snap upthe senator’s 2016 invitation to usehis own statements against him.

Graham SeeksTo Justify Shift

On Court Vote

Backed Delay in 2016, but Now Urges Haste

By CATIE EDMONDSON

TODD HEISLER/THE NEW YORK TIMES

Mayor Bill de Blasio greeted pre-K students in Elmhurst, Queens, on Monday as New York City schools began to reopen. Page A7.Is That a Smile I Don’t See?

For much of 2020, Al Gross’sSenate campaign in Alaska hasproceeded as something of an af-terthought for most Democrats, adistant contest that was off the ra-dar in terms of determining con-trol of the U.S. Senate. After all,Mr. Gross is not even technicallyrunning as a Democrat, an affili-ation that might doom him in aconservative state.

But in the hours after JusticeRuth Bader Ginsburg’s death onFriday, Dr. Gross’s campaign as anindependent saw an infusion of at-tention and cash that could re-shape the race: Nearly $3 millionhas poured into his coffers —about as much total money as thecampaign had in the bank at theend of July.

“Within 15 minutes of the sadnews, you saw truly organicmovement,” said David Keith,who is managing Dr. Gross’s bid to

oust Senator Dan Sullivan, a Re-publican.

From Alaska to Maine to theCarolinas, Democratic strategistsworking on Senate campaigns de-scribed a spontaneous outpouringof donations the likes of whichthey had never seen, allowingDemocrats the financial freedomto broaden the map of pickup op-portunities, or press their finan-cial advantage in top battle-grounds already saturated withadvertising.

By Monday, Democratic con-tributors had given more than$150 million online through Act-Blue, the leading site for process-ing digital donations. ActBluebroke one record after another —its biggest hour in 16 years, itsbusiest day, its busiest weekend —after Justice Ginsburg’s death. Anestimated tens of millions of dol-

Influx of Donations to Democrats Reshapes Race to Control Senate

By SHANE GOLDMACHER and JEREMY W. PETERS

Last summer, Peter Gelb, thegeneral manager of the Metropoli-tan Opera, convened the execu-tive committee of the company’sboard to announce the end of oneof the highest-profile, messiestfeuds in the Met’s nearly 140-yearhistory. A bitter court battle hadconcluded between the company

and the conductor James Levine,who had shaped the Met’s artisticidentity for more than four dec-ades before his career was en-gulfed by allegations of sexual im-proprieties.

Mr. Gelb told the committeethat the resolution was advanta-geous to the Met. But the settle-ment, whose terms have not beenpublicly disclosed until now,called for the company and its in-surer to pay Mr. Levine $3.5 mil-

lion, according to two people fa-miliar with its terms.

The Met had fired Mr. Levine in2018 after an internal investiga-tion uncovered what the companycalled credible evidence of “sexu-

ally abusive and harassing con-duct toward vulnerable artists inthe early stages of their careers.”Rather than going quietly, Mr. Le-vine sued the company for breachof contract and defamation, seek-ing at least $5.8 million. The Metcountersued, revealing lurid de-tails of its investigation and claim-ing that Mr. Levine’s misconducthad violated his duties. It sought

Conductor Fired by Met Opera Received a $3.5 Million PayoutBy JAMES B. STEWARTand MICHAEL COOPER

Messy Misconduct CaseEnded in Settlement

Continued on Page A21

Just days after publishing sig-nificant new guidance on airbornetransmission of the coronavirus,the Centers for Disease Controland Prevention on Monday with-drew the advice, saying only thatit had been “posted in error” onthe agency’s website.

The rapid reversal promptedconsternation among scientistsand again called into question thecredibility of the world’s premierhealth agency, even as PresidentTrump and his senior health offi-cials have sought to undermineC.D.C. scientists.

The president faces an electionwhose outcome may turn on pub-lic perception of his handling ofthe coronavirus pandemic.

The turnabout arrived as thenumber of virus-related deaths inthe United States approached the200,000 mark. Tens of thousandsof new infections are reported ev-ery day, and experts fear a re-surgence as cooler weather ap-proaches and people spend moretime indoors.

The new document for the firsttime had acknowledged that thevirus spreads mainly by air, a dec-laration with urgent implicationsfor how people protect themselvesindoors and how ventilationshould be engineered in schools,offices, hospitals and other publicbuildings.

Experts with knowledge of theincident said on Monday that thelatest reversal appeared to be agenuine mistake in the agency’sscientific review process, ratherthan the result of political med-dling. Officials said the agencywould soon publish revised guid-ance.

C.D.C. AgainTaken to Task

On Guidance

By APOORVA MANDAVILLI

Continued on Page A6

PORTLAND, Ore. — TerranceMoses was watching protestersagainst police brutality marchdown his quiet residential streetone recent evening when some inthe group of a few hundred sud-denly stopped and started yelling.

Mr. Moses was initially not surewhat the protesters were upsetabout, but as he got closer, he sawit: His neighbors had an Americanflag on display.

“It went from a peaceful march,calling out the names, to all of asudden, bang, ‘How dare you flythe American flag?’” said Mr. Mo-ses, who is Black and runs a non-profit group in the Portland area.

“They said take it down. Theywouldn’t leave. They said they’regoing to come back and burn thehouse down.”

Mr. Moses and others blockedthe demonstrators and told themto leave.

“We don’t go around terrorizingfolks to try and force them to dosomething they don’t want to do,”said Mr. Moses, whose group pro-

vides support for local homelesspeople. “I’m a veteran. I’m forthese liberties.”

Nearly four months after thekilling of George Floyd by theMinneapolis police, some pro-testers are taking a more con-frontational — and personal — ap-proach. The marches in Portlandare increasingly moving to resi-dential and largely white neigh-borhoods, where demonstratorswith bullhorns shout for people tocome “out of your house and intothe street” and demonstrate theirsupport.

These more aggressive pro-tests target ordinary people goingabout their lives, especially those

Protesters Pressure Bystanders to Choose a SideBy NELLIE BOWLES

Continued on Page A20

Movement Divided byAggressive Approach

Outside Homes

OJ KOLOTI/GALLO IMAGES, VIA GETTY IMAGES

Mourning Nathaniel Julies, a teenager with Down syndrome who was killed by officers. Page A10.Police, Death and Race in South Africa

Continued on Page A19

Continued on Page A17

Aquariums are working to put deep-seacreatures on display. Above, a coronatejelly in a tank specially designed toprotect its fragile body. PAGE D1

SCIENCE TIMES D1-8

Up From the DepthsThis year’s version of the photographyfair has locations in all five boroughs,all outside for safe viewing. PAGE C1

ARTS C1-6

Photoville, in Outdoor LightingRestaurants are ordered to close early,but critics say the move will hurt thestruggling economy. PAGE A4

TRACKING AN OUTBREAK A4-7

Limits for Pubs in Britain

People who miss the travel experienceare rushing to board planes that take offand land in the same place. PAGE A6

Flocking to ‘Flights to Nowhere’At Sunday’s awards show, there weresome bits that fell flat and a few mo-ments of genuine poignancy. PAGE C1

Best and Worst of Emmys

The Justice Department listed NewYork, Seattle and Portland as cities thatmight lose federal funding for allegedlyfailing to control lawlessness. PAGE A20

NATIONAL A11-21

Trump Targets Liberal CitiesThe social network tried stopping thespread of the conspiracy theory andother extremist material. But QAnongroups are still thriving there. PAGE B1

BUSINESS B1-6

QAnon Outwits Facebook

A new book by one of the special coun-sel’s top deputies, Andrew Weissmann,is the first inside account of the investi-gation on Russian meddling. PAGE A12

Inside the Mueller Inquiry

With a scorn for science, PresidentTrump and many of his supporters areminimizing a tragedy that has killedalmost 200,000 Americans. PAGE A15

Denial and Defiance on Virus

The Raiders’ first home game in LasVegas culminated the league’s gradualacceptance of and growing links to legalsports wagering. PAGE B7

SPORTSTUESDAY B7-10

The N.F.L. Likes the Odds

Paul Krugman PAGE A22

EDITORIAL, OP-ED A22-23

Today, sunshine, not as cool, high 72.Tonight, mainly clear, not as cool,low 58. Tomorrow, mostly sunny, be-coming breezy, warmer, high 77.Weather map appears on Page B8.

$3.00