New York Times: Deceased G.O.P. Strategist’s Hard Drives Reveal New Details on the Census Citizenship Question

New York Times: Deceased G.O.P. Strategist’s Hard Drives Reveal New Details on the Census Citizenship Question

Common Cause, which first obtained the hard drives, said the revelations on them were a wake-up call to supporters of the American system. “Now that the plan has been revealed, it’s important for all of us — the courts, leaders and the people — to stand up for a democracy that incudes every voice,” said Kathay Feng, the group’s national redistricting director.

WASHINGTON — Thomas B. Hofeller achieved near-mythic status in the Republican Party as the Michelangelo of gerrymandering, the architect of partisan political maps that cemented the party’s dominance across the country.

But after he died last summer, his estranged daughter discovered hard drives in her father’s home that revealed something else: Mr. Hofeller had played a crucial role in the Trump administration’s decision to add a citizenship question to the 2020 census.

Files on those drives showed that he wrote a study in 2015 concluding that adding a citizenship question to the census would allow Republicans to draft even more extreme gerrymandered maps to stymie Democrats. And months after urging President Trump’s transition team to tack the question onto the census, he wrote the key portion of a draft Justice Department letter claiming the question was needed to enforce the 1965 Voting Rights Act — the rationale the administration later used to justify its decision.

Those documents, cited in a federal court filing Thursday by opponents seeking to block the citizenship question, have emerged only weeks before the Supreme Court is expected to rule on the legality of the citizenship question. Critics say adding the question would deter many immigrants from being counted and shift political power to Republican areas. …

Sorting through Mr. Hofeller’s personal effects, looking for items she had asked her father to save for her, Stephanie Hofeller came across a clear plastic bag holding four external hard drives and 18 thumb drives, backups of data on Mr. Hofeller’s Toshiba laptop. Her mother gave Ms. Hofeller the backups, which turned out to hold some 75,000 files — family photographs and other personal data, but also a huge trove of documents related to Mr. Hofeller’s work as a Republican consultant.

Late last year, Ms. Hofeller said, she contacted the Raleigh office of the advocacy group Common Cause, seeking its help in finding a lawyer unconnected to her father to help settle his estate. Only after several conversations with a staff member there did she mention the hard drives in passing, she said, remarking almost jokingly that an expert on gerrymanders might find a lot in them that was of interest.

“My understanding was that anything that would be on these hard drives was duplicative of things that had already been hashed out” in court challenges to Mr. Hofeller’s maps, she said.

In fact, Common Cause had recently filed a new lawsuit in state court, challenging gerrymandered maps of North Carolina’s legislative districts drawn by Mr. Hofeller himself. When the staff member told her of the lawsuit, Ms. Hofeller said, she thought, “Wow — this might be of use.”

Lawyers for Arnold & Porter, the law firm representing Common Cause in the North Carolina suit, subpoenaed the drives in February. By happenstance, the same firm was representing private plaintiffs pro bono in the principal lawsuit opposing the citizenship question, in Federal District Court in Manhattan. …

Common Cause, which first obtained the hard drives, said the revelations on them were a wake-up call to supporters of the American system. “Now that the plan has been revealed, it’s important for all of us — the courts, leaders and the people — to stand up for a democracy that incudes every voice,” said Kathay Feng, the group’s national redistricting director.