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Context of 'June 26, 2009: Corporate Lobbying Firm Issues ‘Action Kit’ for Health Care Protesters'

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White supremacist Cheyne Kehoe, serving a lengthy sentence for engaging in a shootout with Ohio police (see June 1997), says he believes his brother, fellow white supremacist Chevie Kehoe, was involved in the Oklahoma City bombing (see (April 1) - April 18, 1995 and 8:35 a.m. - 9:02 a.m. April 19, 1995). Both brothers are fervent anti-government activists who are members of regional militias. Cheyne Kehoe refuses to give further details, saying he does not want to influence his brother’s upcoming trial for his involvement in the same shootout, as well as charges of attempting to overthrow the government. FBI spokesman Ray Lauer says the bureau is investigating claims by a Spokane, Washington, motel manager who says Chevie Kehoe may have had advance knowledge of the bombing. [Mayhem (.net), 4/2009]

Entity Tags: Chevie Kehoe, Ray Lauer, Cheyne Kehoe

Timeline Tags: US Domestic Terrorism

The New Woman All Women Health Care Clinic in Birmingham, Alabama, is bombed by anti-abortion activist Eric Rudolph. The bomb, hidden in a flowerpot, kills police officer Robert Sanderson and critically injures nurse Emily Lyons. Rudolph, who flees the scene and hides successfully for years in the wilds of western North Carolina, is also responsible for the fatal 1996 bombing during the Olympics in Atlanta, Georgia (see July 27, 1996 and After), and several other bombings, including other Atlanta abortion clinics (see January 16, 1997 and October 14, 1998) and an Atlanta lesbian bar (see February 21, 1997). [Federal Bureau of Investigation, 10/14/1998; Kushner, 2003, pp. 40; CNN, 5/31/2003; CNN, 12/11/2003] Rudolph lives in Murphy, North Carolina, a small town in the mountainous western part of the state. Over Christmas, he purchased materials from the local Wal-Mart to assist in his fashioning of the bomb. Rudolph was dissatisfied with the results of his earlier bombings, and instead of relying on an alarm clock to act as a timer as he did with his previous bombs, modifies a model airplane remote control to use as a detonator. Before dawn, he places the bomb inside a pot beside the front door of the clinic and places plastic flowers on top of it. He watches from a hill about a block away; when he sees Sanderson bend down to examine the flowerpot, he detonates the bomb. A witness sees Rudolph walking away from the explosion, and, later explaining that he found it suspicious when everyone else was running towards it, watches as Rudolph gets into his pickup truck and drives away. The witness writes down Rudolph’s license plate number—KND 1117—and alerts police. The FBI will soon identify Rudolph with the bombing, and will quickly tie him to his other three attacks. [Orlando Weekly, 8/24/2006]
Opposed to Abortion, Government - Family members will later say that Rudolph is not only opposed to abortion, but to all forms of government in general; his sister-in-law will tell CNN that Rudolph’s immediate family is “against… any form of government or the form of government that we have in our country today.” Evidence shows Rudolph is an active member of the extremist anti-abortion group Army of God (see 1982 and Early 1980s) and the Christian Identity movement (see 1960s and After), a militant, racist and anti-Semitic organization that believes whites are God’s chosen people. He will be described by future Attorney General John Ashcroft as “the most notorious American fugitive on the FBI’s ‘Most Wanted’ list.” [CNN, 12/11/2003]
Will Plead Guilty - Rudolph will later plead guilty to the bombing, and other crimes, in lieu of being sentenced to death (see April 14, 2005). He will justify the bombing in an essay from prison, writing that Jesus would condone “militant action in defense of the innocent.” He will also reveal the location of a large cache of explosives, apparently gathered for future bombing attacks. [Extremist Groups: Information for Students, 1/1/2006; Associated Press, 5/31/2009]
No Remorse for Sanderson's Death - Of Sanderson’s death, he will write: “Despite the fact that he may have been a good guy, he volunteered to work at a place that murders 50 people a week. He chose to wield a weapon in defense of these murderers… and that makes him just as culpable.… I have no regrets or remorse for my actions that day in January, and consider what happened morally justified.” [Orlando Weekly, 8/24/2006]

Entity Tags: Robert Sanderson, Christian Identity, Eric Robert Rudolph, John Ashcroft, Army of God, Emily Lyons, New Woman All Women Health Care Clinic

Timeline Tags: US Health Care, US Domestic Terrorism

Four armed Florida members of the World Church of the Creator (WCOTC—see May 1996 and After), all under 25, rob a Broward County, Florida, video store, planning to use the proceeds for the group. Three of them will later plead guilty to federal conspiracy charges related to the robbery. [Southern Poverty Law Center, 9/1999] According to the indictment, the four chose the target “because the defendants… believed that media outlets were controlled by ‘Jews,’ and that it was permissible to steal from the ‘Jews.’” The WCOTC members reportedly pattern the robbery after a similar incident in William Pierce’s The Turner Diaries (see 1978). They discussed sending the proceeds from the robbery to WCOTC’s Illinois headquarters. Two of the criminals, Donald Hansard and Raymond Leone, have already been convicted of charges stemming from the beating of a black man and his son (see August 1997). All four defendants will plead guilty. Dawn Witherspoon receives 13 months in prison; Angela King receives six years in prison; Hansard receives four and one-half years; and Leone receives over eight years in prison. [Anti-Defamation League, 7/6/1999]

Entity Tags: World Church of the Creator, Angela King, Dawn Witherspoon, Donald Hansard, Raymond Leone

Timeline Tags: US Domestic Terrorism

Terry Nichols, the white separatist convicted of participating in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997), sends a 16-page letter to Judge Richard Matsch declaring that he would give up his life if it would bring back the 168 people who died in the blast. “If I in any way contributed to the Oklahoma City bombing, I am truly sorry,” he writes. “I’ve tried and tried, but there are no words that I can express to the victims and survivors for the loss, pain, sorrow, and heartache that they have gone through and will continue to go through for the rest of their lives.… I wish I could change the past, but I can’t. No one can. This is not anything that I ever wanted to happen. It’s a totally senseless act. This is a burden that I will carry with me all my life.” Nichols says that he never wanted to harm or kill anyone or to damage or destroy any buildings, and writes: “I would not do a horrible thing such as a terrorist bombing.… My heart truly goes out to the victims and survivors. And I am sincere when I say that I would give my life if it would bring back all those that died in the bombing.” He implies that he never believed his co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) would actually go through with the bombing. [New York Times, 3/25/1998; Chicago Tribune, 6/5/1998; Indianapolis Star, 2003; Douglas O. Linder, 2006; The Oklahoman, 4/2009]

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Six Montana Freemen (see 1993-1994, March 25, 1996, and June 13, 1996) are tried in a district court in Billings, Montana, accused of being accessories to helping fugitives avoid arrest during the FBI siege of the Freemen compound. Four Freemen will be ejected from the courtroom for being disruptive during the trial; the four attempt to derail the proceedings by cursing and screaming. All six Freemen have refused to participate in their defense, rejected their court-appointed counsels, and refused to dress themselves for the trial. “It’s a difficult trial to get prepared for,” says Lisa Swanson, who represents defendant James Hance. “He won’t talk to me. The only way he would talk with me is if I would denounce my membership in the American Bar Association.” Three are dragged in and out of the courtroom after refusing to walk, and one is transported in a wheelchair. As they are taken into the courtroom, they yell “non-assumptus,” their term for their claim that the judge has no authority over them. Another defendant, Steven Hance, yells at the presiding judge, “Let the record show I’m placing you under arrest,” and curses him. Hance then knocks over a chair and tries to knock over a computer monitor. A third defendant, James Hance, curses the US Attorney prosecuting the case, Sherry Matteucci. [New York Times, 3/16/1998; Los Angeles Times, 4/1/1998; Billings Gazette, 3/25/2006] Five of the defendants will be convicted (see March 31, 1998).

Entity Tags: Montana Freemen, James Hance, Lisa Swanson, Sherry Matteucci, Steven Hance

Timeline Tags: US Domestic Terrorism

Five Montana Freemen (see 1993-1994, March 25, 1996, and June 13, 1996) are convicted of serving as accessories to helping other Freemen escape arrest during the 81-day standoff (see March 16, 1998 and After). Steven Hance and his two sons, James and John Hance, are convicted of being accessories and for being fugitives in possession of firearms. Barry Nelson, who joined the Freemen during the standoff (see March 25 - April 1, 1996), is convicted of being an accessory. Elwin Ward is acquitted of accessory charges, but found guilty of submitting a false claim to the Internal Revenue Service. Edwin Clark is acquitted of all charges. [New York Times, 4/1/1998; Billings Gazette, 3/25/2006] The Hances and Nelson will receive lengthy jail sentences (see June 6, 1998).

Entity Tags: Elwin Ward, Barry Nelson, Edwin Clark, James Hance, John Hance, Steven Hance, Montana Freemen

Timeline Tags: US Domestic Terrorism

After 12 years of litigation, the National Organization for Women (NOW) wins its lawsuit against the Pro-Life Action Network (PLAN, also known as the Pro-Life Action League, or PLAL—see 1980 and 1986) and other anti-abortion advocates (see June 1986, September 22, 1995, and March 29 - September 23, 1997). The jury hearing the case unanimously agrees that the defendants engaged in a nationwide conspiracy to deny women access to medical facilities. The jury determines that Operation Rescue (see 1986), PLAN, PLAN president Joseph Scheidler, and their co-defendants are racketeers under the RICO Act and should be held liable for triple damages for the harm their violent acts caused to women’s health clinics. [National Organization for Women, 9/2002]

Entity Tags: Pro-Life Action League, National Organization for Women, Operation Rescue, Joseph Scheidler

Timeline Tags: US Health Care, US Domestic Terrorism

Terry Nichols, the white separatist convicted of participating in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997), refuses an offer of leniency in his upcoming sentencing, an offer contingent on his cooperation in the FBI’s continuing investigation of the bomb plot. In a brief filed by his lawyers, Nichols says any such cooperation would help the state of Oklahoma convict him on 160 counts of murder relating to the bombing. He does offer to look over the thousands of pages of government evidence in an attempt to help the government pinpoint any other suspected participants. Judge Richard Matsch has said he would sentence Nichols to life in prison unless Nichols cooperates with the FBI. Nichols’s lawyer Michael E. Tigar has said that Nichols still faces a state murder investigation in Oklahoma, and “whatever he says falls into hands that do not have his best interests at heart.” [New York Times, 3/26/1998; Washington Post, 4/21/1998]

Entity Tags: Terry Lynn Nichols, Richard P. Matsch, Michael E. Tigar

Timeline Tags: US Domestic Terrorism

Stephen Jones, the former lawyer for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and August 14-27, 1997), says he will fight a subpoena from a grand jury investigating the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Documents unsealed today show that the grand jury asked the Oklahoma County District Attorney’s office in February to subpoena Jones. “I will not testify,” Jones says, citing both his attorney-client privilege and the Oklahoma shield law protecting journalists from testifying before grand juries. Jones says the shield law applies to him because he is writing a book and three law review articles about issues arising from the case that do not involve privileged information, as well as his appearances as a television commentator. The grand jury was convened after a campaign by Oklahoma State Representative Charles Key (R-Oklahoma City) and accountant Glenn Wilburn (see June 30, 1997). The grand jury does not have any connection with the District Attorney’s upcoming charges against both McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998). McVeigh’s current lawyer, Robert Nigh Jr., says the subpoena is a surprise to him. McVeigh has not waived his attorney-client privilege as it pertains to Jones, and any testimony by Jones could jeopardize McVeigh’s appeals. “He’s asked the 10th Circuit to grant a new trial,” Nigh says. “Anything revealed to the grand jury in the nature of defense work product could defeat our defense at a new trial and reveal our strategy.” Law professor Samuel Issacharoff has mixed feelings about the subpoena: “It should be unusual, exceptional and discouraged to try to turn lawyers into witnesses,” he says. “On the other hand, there is a distressing practice of lawyers holding press conferences and holding themselves out as commentators on the events of the day, including their perception of the client. The result is, they seem to invite this. It is a very unfortunate development because it places the lawyer’s interests starkly against those of the client.” [New York Times, 4/25/1998]

Entity Tags: Robert Nigh, Jr, Charles R. Key, Glenn Wilburn, Stephen Jones, Terry Lynn Nichols, Timothy James McVeigh, Samuel Issacharoff

Timeline Tags: US Domestic Terrorism

David Bossie.David Bossie. [Source: C-SPAN]David Bossie, an investigator for Representative Dan Burton (R-IN), is fired from his position. Bossie recently leaked transcripts of prison conversations featuring former Clinton administration official Webster Hubbell, who will be convicted of defrauding clients and sentenced to prison in 2004. Bossie fraudulently edited the transcripts to have Hubbell imply that First Lady Hillary Clinton broke the law while the two worked together in an Arkansas law firm. Bossie cut out portions of Hubbell’s conversations exonerating her from any wrongdoing, and sometimes rewrote Hubbell’s words entirely. In response to the controversy, House Speaker Newt Gingrich (R-GA) says of Burton and the House Committee on Oversight and Government Reform, “I’m embarrassed for you, I’m embarrassed for myself, and I’m embarrassed for the [House Republican] conference at the circus that went on at your committee.” (In late April, Burton had called President Clinton a “scumbag,” further embarrassing Gingrich and the Republican leadership.) Bossie came to Burton’s staff from Citizens United (CU), which he joined in 1994 and soon rose to become director of government relations and communications. In 1988, as a member of Floyd Brown’s Presidential Victory Committee (PVC), Bossie helped produce the infamous Willie Horton ad (see September 21 - October 4, 1988). In 1992, as executive director of the PVC, Bossie oversaw the release of a fundraising letter accusing then-presidential candidate Bill Clinton of having an affair with an Arkansas woman, for use in an ad that falsely suggested it was the product of President Bush’s re-election campaign. Then-President Bush accused the PVC of engaging in “filthy campaign tactics,” and his son and campaign aide George W. Bush sent a letter asking donors not to give to the organization. Bossie has encouraged Burton to open an investigation into the suicide of Clinton administration aide Vince Foster (alleging that Foster was murdered as part of some unspecified White House plot, or perhaps an Israeli intelligence “black op”). While an aide to Senator Lauch Faircloth (R-NC), Bossie was found to have tried to intimidate a federal judge during a Whitewater-related investigation. Bossie has earned a reputation as a “Whitewater stalker,” combing Arkansas for “evidence” of crimes by the Clintons, and repeatedly making false and lurid allegations against the president and/or his wife. For a year, Bossie has promised that Burton’s committee would soon produce evidence of Chinese espionage and White House collusion, but any evidence of such a scandal has never been produced. A former lawyer for the Oversight Committee, John Rowley, has called Bossie’s actions “unrelenting self-promoti[on]” and challenged Bossie’s competence. Bossie says his transcripts were accurate (though the tapes of Hubbell’s conversations prove he is wrong), and blames committee Democrats for the controversy. [WorldNetDaily, 5/7/1998; Salon, 5/7/1998; Media Matters, 5/11/2004] WorldNetDaily reporter David Bresnahan writes that according to his sources, Bossie “was either extremely incompetent or was intentionally trying to sabotage” Burton’s investigations into the Clinton administration. Bresnahan also says that Burton allowed Bossie to resign instead of firing him, as other media sources report. [WorldNetDaily, 5/7/1998]

Entity Tags: Floyd Brown, David Bresnahan, Dan Burton, Clinton administration, Citizens United, William Jefferson (“Bill”) Clinton, Webster Hubbell, Presidential Victory Committee, David Bossie, House Committee on Oversight and Government Reform, John Rowley, Hillary Clinton, Newt Gingrich, George W. Bush, Vince Foster

Timeline Tags: Civil Liberties

Theodore ‘Ted’ Kaczynski, convicted of charges stemming from the ‘Unabomber’ serial bombing spree, is escorted into the courtroom to hear his sentence.Theodore ‘Ted’ Kaczynski, convicted of charges stemming from the ‘Unabomber’ serial bombing spree, is escorted into the courtroom to hear his sentence. [Source: Associated Press]An unrepentant Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996 and June 9, 1996), is sentenced to four life terms in prison with no possibility of release (see January 22, 1998). [Washington Post, 1998] Representatives of some of his victims’ families speak out during the sentencing hearing. “Lock him so far down that when he dies he will be closer to hell,” says Susan Mosser, whose husband Thomas Mosser was killed by one of Kaczynski’s bombs (see December 10, 1994). “May your own eventual death occur as you have lived, in a solitary manner, without compassion or love,” says Lois Epstein, whose husband Charles Epstein suffered a crippling injury to his hand due to another Kaczynski bomb (see June 22, 1993). In handing down his sentence, Judge Garland Burrell Jr. says, “The defendant committed unspeakable and monstrous crimes for which he shows utterly no remorse.” Kaczynski still poses a grave danger to society and would mail his bombs again if he could, Burrell says. Kaczynski delivers a statement to the court; he expresses no remorse whatsoever for his actions, and instead accuses the government of distorting the meaning of his crimes. “Two days ago, the government filed a sentencing memorandum, the purpose of which was clearly political,” containing “false statements, misleading statements,” he says. Kaczynski is referring to excerpts from his journals which prosecutors used to portray him, not as a principled citizen out to save society and the environment from the ravages of technology, but, in the words of the Washington Post, as “a petulant, almost childish murderer who killed to extract ‘personal revenge’ on people who crossed him—from women who did not respond to his overtures to campers who wandered by his Montana cabin to planes filled with ‘a lot of businesspeople.’” Kaczynski tells the court: “By discrediting me personally, they hope to discredit my political ideas.… At a later time I expect to respond at length to the sentencing memorandum. Meanwhile, I hope the public will reserve judgment against me and all the facts about the Unabomb case until another time.” After Kaczynski speaks, Susan Mosser walks to the prosecutors’ table and speaks. “Nails,” she says. “Razor blades. Wire. Pipe and batteries. The recipe for what causes pain. Hold it in your hand, as my husband Tom did, and you feel unbearable pain.” She tells how Kaczynski’s bomb, made with wires and pipes and filled with nails, tore her husband’s torso apart, spilling his entrails over the kitchen floor. Other victims tell the court that they would have supported a death sentence. Nicklaus Suino, injured by one of Kaczynski’s bombs (see November 15, 1985), says, “I wouldn’t have shed a tear if he was executed.” David Gelernter, another man crippled by one of Kaczynski’s bombs (see June 24, 1993), says he argued for a death sentence but says that Kaczynski will live on as “a symbol of cowardice.” Kaczynski’s brother David Kaczynski speaks briefly outside the courthouse, telling reporters: “There are no words to express the sorrow of today’s proceedings. To all of these people, the Kaczynski family offers its deepest apologies. We’re very, very sorry.” [Washington Post, 5/5/1998] Kaczynski will live out his sentence at the Florence, Colorado, “Supermax” federal prison, in a small cell equipped with a shower, toilet, electric lamp, concrete desk and stool, and a small television. He will have access to books from a well-stocked library, and will eat three meals a day in his cell. The Florence facility is considered the most secure prison in the nation; it is designed to house “the folks who simply cannot function in open institutions,” according to research analyst Tom Werlich. Kaczynski will not be alone at the “Supermax” facility: others such as Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and World Trade Center bombing mastermind Ramzi Yousef (see February 7, 1995) are in the same facility. Like the other inmates, Kaczynski will have no contact with other inmates, and for the two hours a day he spends outside his cell, he will be constantly escorted by at least two guards. [Associated Press, 7/4/1998]

Entity Tags: Nicklaus Suino, David Kaczynski, David Gelernter, Charles Epstein, Lois Epstein, Washington Post, Thomas J. Mosser, Susan Mosser, Theodore J. (“Ted”) Kaczynski, Tom Werlich, Garland E. Burrell Jr., Timothy James McVeigh, Ramzi Yousef

Timeline Tags: US Domestic Terrorism

The cover of ‘False Prophets.’The cover of ‘False Prophets.’ [Source: Amazon (.com)]Dale Jakes and his wife Connie Jakes release a new book, False Prophets, that details their experiences as FBI informants who infiltrated the Montana Freemen for 14 months in 1995 and early 1996 (see 1993-1994). The Jakes write that they collected enormous amounts of information for the FBI. Dale Jakes was welcomed by the Freemen because of his knowledge of explosives, and Connie Jakes became the group’s unofficial office manager. They left the group shortly before the March 1996 standoff between the Freemen and law enforcement authorities (see March 25, 1996). The two also collected information on dozens of other extremist groups that the Freemen were in contact with, including many who came to visit the Freemen and take what Dale Jakes calls “basic hate courses” in ideology and financial fraud (see September 28, 1995 and After). The Jakes say that the FBI delayed attempts to arrest the Freemen leaders to give the Jakes the chance to collect more data. A former sheriff’s deputy for the area confirms that the two did work for the FBI. Dale Jakes says that one of the more worrisome moments came when a group of Freemen assaulted an ABC News crew and chased them off the property (see October 2, 1995). “Unknown to the film crew, four high-powered rifles with scopes were trained on the driver and his passenger,” Jakes says. “In the cabin, a debate raged among the Freemen leaders as to whether or not to ‘shoot them.’” [Associated Press, 5/12/1998]

Entity Tags: Connie Jakes, ABC News, Dale Jakes, Federal Bureau of Investigation, Montana Freemen

Timeline Tags: US Domestic Terrorism

Michael Fortier, a co-conspirator in the Oklahoma City bombing (see March 24, 1988 - Late 1990, March 1993, May-September 1993, February - July 1994, October 21 or 22, 1994, and December 16, 1994 and After) who cooperated with authorities in testifying against bombers Timothy McVeigh and Terry Nichols (see May 19, 1995, August 8, 1995, April 29-30, 1997, May 12-13, 1997, and November 12-13, 1997), is sentenced to 12 years in prison for his role in the bomb plot, fined $200,000, and ordered to pay $4,300 in restitution. Judge G. Thomas Van Bebber’s decision seeks a middle ground between the relatives of bombing victims, who have demanded a harsh sentence for Fortier, and federal prosecutors, who recommend leniency for Fortier’s cooperation. Fortier’s lawyer Michael McGuire tells Van Bebber: “Michael Fortier did not believe Timothy McVeigh was going to carry out the bombing. For his negligence, he will always be the unforgiven man.” Fortier also receives credit for the 34 months he has already served in detention. In the sentencing hearing, Fortier apologizes to the victims for not turning in McVeigh and Nichols ahead of the bombing. “I deeply regret not taking the information I had to the police,” he says through tears. “I sometimes daydream that I did do this and became a hero, but [the] reality is that I am not.… I have paid close attention to the testimony given by the bombing survivors. The stories are so horrifying, so heartbreaking, and so full of human suffering that I cannot bear them. I am too weak to contemplate them for long. I feel as if my mind will break and I’ll cry and cry and never stop. Dear people, please, I offer my apology and I ask you to forgive me.… Please, please don’t let thoughts of me continue to hurt you.” Many survivors and victims’ relatives testify at the sentencing, telling of the grief and despair they and their families have suffered. Constance Favorite, who lost a daughter in the bombing, tells the judge: “All he needed to do was take responsibility and call. One phone call would have done it.” Marsha Kight, who also lost a daughter in the bombing, says Fortier’s sentence is too light. “Life in prison is what I would have considered enough,” she says. “I think he conspired. I think he helped buy components for the bomb. What do you call that?” Prosecutors call the sentence “appropriate” and say they are unmoved by Fortier’s declarations of remorse. “I think everyone in the courtroom had to think that it’s a little too late and a little too little,” says US Attorney Patrick M. Ryan. Van Bebber, chief judge of the US District Court for Kansas, was appointed to handle the sentencing because an appeals court ruled in 1995 that Oklahoma City federal judges had a potential conflict of interest in the case. The Oklahoma City federal courthouse sits across the street from where the Murrah building once stood, and itself was damaged by the bombing. [Washington Post, 5/28/1998; New York Times, 5/28/1998; Douglas O. Linder, 2001; The Oklahoman, 4/2009] Van Bebber rejected pleas for leniency from Fortier’s lawyers, who asked that Fortier be sentenced to serve the 33 months he has already been incarcerated—essentially setting him free immediately. He followed prosecutors’ recommendations that Fortier serve between 11 and 14 years, after saying that he was considering sentencing Fortier to over 17 years in prison. [New York Times, 5/13/1998] Fortier’s lawyers say they will appeal the sentence, and accuse prosecutors of misrepresenting the amount of jail time they would seek if Fortier cooperated with the investigation and testified in the McVeigh and Nichols trials. [Indianapolis Star, 2003] Fortier will win an appeal of his sentencing; the appellate court will find that Van Bebber used sentencing guidelines that were too strict. Fortier’s jail sentence will remain the same, but his fine will be reduced to $75,000. [The Oklahoman, 4/2009] He serves his sentence in the “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczysnki, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). He will be released in January 2006, after serving 10 years and six months of his sentence. [Douglas O. Linder, 2001]

Entity Tags: Marsha Kight, G. Thomas Van Bebber, Michael Joseph Fortier, Michael McGuire, Constance Favorite, Theodore J. (“Ted”) Kaczynski, Timothy James McVeigh, Ramzi Yousef, Patrick M. Ryan, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Garfield County, Montana, prosecutor Nick Murnion receives the John F. Kennedy Profile in Courage Award for enforcing the law despite death threats from the Montana Freemen (see 1993-1994). Murnion receives the award from the Kennedy family at the JFK Library in Boston. [Billings Gazette, 3/25/2006]

Entity Tags: Nick Murnion, Montana Freemen

Timeline Tags: US Domestic Terrorism

Judge Richard P. Matsch sentences convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997) to life in prison without the possibility of parole after his jury cannot decide whether to sentence him to death (see January 7, 1998). He is also sentenced to eight concurrent six-year terms for the deaths of eight federal agents. Matsch orders Nichols to pay $14.5 million in restitution to the General Services Administration (GSA) for the destruction of the Murrah Federal Building. Nichols swears he has only $40,000 in assets; Matsch says that any future proceeds he might receive for selling his story would be given over to the government. Nichols’s defense team tried in vain to assert that Nichols was a “dupe” of fellow defendant Timothy McVeigh (see June 11-13, 1997) and should be given a lighter sentence. Nichols, who refused to provide information about the bombing plot, gave Matsch a written apology (see March 10, 1998). Matsch says Nichols committed an act of treason that demands the most severe punishment: “The only inference that can be drawn from the evidence is that the purpose of the plan was to change the course of government through fear and intimidation.… The evidence shows to my satisfaction that the intention was to disrupt, to disorganize, to intimidate the operations of these agencies and United States government. Apparently, the intention was that the response would be fear and terror and intimidation and that these people would not be able to perform their work and that the response throughout the nation would be hysteria.… But you know, it didn’t work out that way. There was no anarchy. There was no reign of terror.… What occurred was that a community became even more united, and I think perhaps the country as well. We proceeded with the orderly processes of recovery and of restoration.… What he did was participate with others in a conspiracy that would seek to destroy all of the things that the Constitution protects. My obligation as a judge is to preserve, protect, and defend the Constitution of the United States against all enemies, foreign and domestic. Terry Nichols has proven to be an enemy of the Constitution, and accordingly the sentence I am going to impose will be for the duration of his life. Anyone, no matter who that person might be or what his background might be, who participates in a crime of this magnitude has forfeited the freedoms that this government is designed to protect.” Prosecutors say they are pleased with the sentence, while Nichols’s defense lawyers continue to assert that Nichols did not intend to kill anyone in the bombing. Nichols’s lead attorney, Michael Tigar, files papers calling for a new trial; Matsch says he will schedule a hearing. Marsha Kight, whose daughter Frankie Ann Merrell was killed in the bombing, says: “I’m proud of what happened in the judicial system. I felt like singing ‘God Bless America.’ He got what he deserved.” [Chicago Tribune, 6/5/1998; Washington Post, 6/5/1998; New York Times, 6/5/1998; Douglas O. Linder, 2001; Indianapolis Star, 2003; Fox News, 4/13/2005] Nichols will serve his term in the “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczysnki, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). [Douglas O. Linder, 2006] Nichols refused an offer of leniency in return for his cooperation in further investigation of the bombing (see April 21, 1998).

Entity Tags: Frankie Ann Merrell, General Services Administration, Michael E. Tigar, Marsha Kight, Ramzi Yousef, Richard P. Matsch, Theodore J. (“Ted”) Kaczynski, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Four members of the Montana Freemen (see 1993-1994) are forcibly wheeled into court in wheelchairs after refusing to come to court under their own power, and are sentenced to prison for their part in the group’s standoff with the FBI (see March 25, 1996 and March 31, 1998). US District Judge John C. Coughenour sentences Steven Hance to 78 months in jail. Hance interrupts the proceedings with shouts that he is not a US citizen and not subject to the jurisdiction of the court. Barry Nelson receives 71 months. John Hance receives 63 months. James Hance receives 67 months. Fellow Freeman Elwin Ward, who does not resist being brought to court, is released for time served. [Associated Press, 6/6/1998]

Entity Tags: John Hance, Barry Nelson, Elwin Ward, John C. Coughenour, Montana Freemen, Steven Hance, James Hance

Timeline Tags: US Domestic Terrorism

James Byrd Jr.James Byrd Jr. [Source: EbonyInspired (.com)]James Byrd Jr., an African-American resident of Jasper, Texas, is murdered by three white men in what appears to be a racially motivated incident. Jasper County District Attorney Guy James Gray calls the killing “probably the most brutal I’ve ever seen” in 20 years as a prosecutor. Within hours of the attack, John William “Bill” King, Lawrence Russell Brewer, and Shawn Allen Berry are arrested and charged with murder and kidnapping. All three men have prison records and room together in a local apartment; King and Brewer are members of the white supremacist groups Aryan Nations and Confederate Knights of America, the latter an offshoot of the Ku Klux Klan. The police find racist literature in their apartment [New York Times, 6/10/1998; CNN, 7/6/1998] , including documents written by King and Brewer indicating that they intended to start a new white supremacist group of their own. [New York Times, 2/17/1999] Local Klan organizations quickly disavow any connection to the crimes. [New York Times, 6/17/1998]
Last Ride - Byrd, walking home from a bridal shower, accepts a ride from the three; by all accounts, he does not know the men. Instead of taking Byrd home, the three drive him to a wooded area, beat him, chain him by the ankles to Berry’s truck, and drag him down a rough logging road east of Jasper. The dragging tears Byrd’s body into pieces; his severed head, neck, and right arm are discovered about a mile from where the three finally dump his mangled torso. During the trial, a doctor testifies that he believes Byrd is alive and perhaps conscious until his body strikes a culvert, where his head and arm are torn from his body. Dr. Thomas Brown tells the court, “He was alive when the head, shoulder, and right arm were separated.” The local sherriff, tipped off by an anonymous phone call, finds Byrd’s remains. A trail of blood, body parts, and personal effects stretches for two miles down the road. Berry, who cooperates with police and leads them to King and Brewer, later tells investigators that Brewer sprays Byrd’s face with black paint before he and King chain him to the back of the truck. [State of Texas, 7/1/1998; CNN, 7/6/1998; CNN, 7/8/1998; CNN, 2/22/1999] Investigators find a cigarette lighter dropped at the scene, inscribed with a Klan insignia, that belongs to King. [New York Times, 6/10/1998] Experts also tie blood on the truck, and on the three men’s clothes and shoes, to Byrd. [New York Times, 2/19/1999; New York Times, 9/24/1999] Berry’s involvement surprises many area residents, who characterize him as a petty criminal who they believed was incapable of being involved in such a brutal crime. A friend says: “I never heard Shawn say anything racist. I have a lot of black friends. He has a lot of black friends. All this news has just shocked me and everyone he knows.” Friends are less surprised at the involvement of King and Brewer, both of whom they say had their racial hatred intensified during their prison terms. “The level of racism in prison is very high,” says Mark Potok of the Southern Poverty Law Center. “The truth is, you may go in completely unracist and emerge ready to kill people who don’t look like you.” [New York Times, 6/17/1998]
Funeral Draws National Attention - Dozens of civil rights leaders and national politicians join area residents at Byrd’s funeral, and call for an end to racial hatred and intolerance (see June 13, 1998).
Father Apologizes - King’s father, Ronald L. King, also a Jasper resident, releases a letter apologizing for his son’s actions. The letter reads in part: “My sympathy goes out to the Byrd family. There is no reason for a person to take the life of another, and to take it in such a manner is beyond any kind of reasoning. It hurts me deeply to know that a boy I raised and considered to be the most loved boy I knew could find it in himself to take a life. This deed cannot be undone, but I hope we can all find it in our hearts to go forward in peace and with love for all. Let us find in our hears love for our fellow man. Hate can only destroy. Again, I want to say I’m sorry.”
Clinton: Town Must 'Join Together across Racial Lines' - President Clinton calls the murder shocking and outrageous, and says the residents of Jasper “must join together across racial lines to demonstrate that an act of evil like this is not what this country is all about.… I think we’ve all been touched by it, and I can only imagine that virtually everyone who lives there is in agony at this moment.” [New York Times, 6/11/1998]
Indications of Klan Activity in Area - The mayor of Jasper, R. C. Horn, an African-American, says that the city is relatively peaceful from a racial aspect, and says the city “has a strong bind together, both black and white.” But Gary Bledsoe of the Texas chapter of the National Association for the Advancement of Colored People (NAACP) says the area of east Texas that contains Jasper has been a center of Klan activity for years. Bledsoe points to serious problems in the nearby town of Vidor, for years a de facto “white town,” that centered around integrating a housing project. Lou Ann Reed, a local cashier, says she deplores the killing: “I don’t think anybody should be treated that way, I don’t care what color they are. Not even an animal.” Reed, who is white, refuses to answer when asked if she has heard that some white residents might have sympathies with white supremacist groups; when asked if the killing surprised her, she says, “Nothing surprises me anymore.” Black residents tell reporters that harassment and physical abuse from whites is not uncommon, and there are areas in and around town they have learned not to frequent for fear of being attacked. [New York Times, 6/10/1998; New York Times, 6/11/1998] A New York Times editorial calls the murder a “lynching by pickup truck.” [New York Times, 6/14/1998] Both local Klan organizations and black militant organizations march in Jasper shortly after Byrd’s murder (see June 27, 1998).
Hate Crime - Texas authorities charge King, Brewer, and Berry with a variety of felonies, including murder and kidnapping; the addition of hate crime charges makes them eligible for the death penalty. During their trials, both Brewer and King are depicted as unrepentant white racists. King’s former supervisor, roofing contractor Dennis Symmack, says that though a quiet man, King harbors strongly racist views. “Bill was a quiet man, not a talker,” Symmack testifies, and recalls King expressing “an intense dislike of blacks.” Symmack says that according to King, “[B]lacks are different from whites and are taking over everything—taking over welfare.” Tattoo artist Johnny Mosley, a former inmate who served time with King, says that King asked for an array of racist tattoos—including one depicting the lynching of a black man and another reading “Aryan Pride”—in large part to intimidate other inmates and to avoid being sexually assaulted. [CNN, 7/6/1998; New York Times, 7/7/1998; New York Times, 2/19/1999; CNN, 2/22/1999; New York Times, 2/24/1999] During the trial, King claims that the crime was not racially motivated, but was impelled by Berry’s desire to buy drugs from Byrd; additionally, he claims that Berry’s abuse of steroids prompted the brutalization of their victim, and that he himself had nothing to do with assaulting Byrd. Authorities find King’s claims entirely baseless [New York Times, 11/12/1998] ; instead, prosecutors tell the court that King wanted to start his own white supremacist group, and targeted Byrd as a way to shine attention on himself and gain members. [New York Times, 2/17/1999; CNN, 2/22/1999] During his trial, Brewer attempts to blame Berry for the actual murder, an argument that the jury disregards in favor of a letter written by Brewer bragging about his role in the murder and saying: “Well, I did it. And no longer am I a virgin. It was a rush, and I’m still licking my lips for more.” [New York Times, 9/24/1999] All three are found guilty; King and Brewer are sentenced to death, and Berry receives life in prison with no chance of parole until 2039. Both King and Brewer later write racist graffiti on the walls of their jail cells. In a jailhouse letter to Brewer, King will write of his pride in the crime, and accepts the fact that he may die for it. “Regardless of the outcome of this, we have made history,” King says in the letter intercepted by jail officials. “Death before dishonor. Sieg Heil!” [New York Times, 11/18/1998; New York Times, 2/17/1999; New York Times, 2/19/1999; New York Times, 2/24/1999; New York Times, 9/24/1999] During the closing arguments of King’s trial, Gray discusses the concept of violent racism: “It’s something that’s a virus. It’s something that’s dangerous. It’s something that spreads from one person to another.” [New York Times, 2/24/1999]
Murders Sparks Hate-Crime Legislation - The murder of Byrd and a subsequent murder of a gay Colorado student, Matthew Shepard (see October 9, 1998 and After), will be a catalyst for the passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (see October 28, 2009).

Entity Tags: Thomas Brown, William Jefferson (“Bill”) Clinton, Shawn Allen Berry, James Byrd, Jr, Confederate Knights of America, Gary Bledsoe, Dennis Symmack, Ronald L. King, Aryan Nations, Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, James Gray, Ku Klux Klan, Lawrence Russell Brewer, Lou Ann Reed, Mark Potok, John William (“Bill”) King, R.C. Horn

Timeline Tags: US Domestic Terrorism

Federal Judge Richard P. Matsch gives permission for the Justice Department to assist the investigation of an Oklahoma grand jury investigating whether the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was carried out by more than the two men convicted of the crime (see June 30, 1997). Matsch presided over the trials of convicted bombing conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). Matsch says he will allow a federal judge in Oklahoma to decide whether federal grand jury information used to indict McVeigh and Nichols (see August 10, 1995) could be used by the Oklahoma grand jury. [New York Times, 6/25/1998]

Entity Tags: Richard P. Matsch, Timothy James McVeigh, US Department of Justice, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Three Aryan Nations security guards (see Early 1970s) assault a mother and her child, leading to civil charges. Victoria Keenan and her son Jason stop briefly in front of the Aryan Nations compound in Hayden Falls, Idaho, to retrieve something that has fallen from their car. The car either backfires or someone sets off a firecracker; whatever the source of the sound, the guards believe the compound is under fire from the car. They pursue it in a pickup truck, firing repeatedly at the vehicle before shooting out a tire and forcing it into a ditch. The guards assault both mother and son before releasing them. In response, Keenan and her son retain attorneys, including a team from the Southern Poverty Law Center (SPLC), to sue Aryan Nations leader Richard Butler and the three guards. During the trial, Butler tells the jury, “The white race is the most endangered species on the face of the earth.” Two years later, a jury assesses a $6.3 million judgment against the defendants. $6 million of the judgment is in punitive damages. Butler himself is responsible for $4.8 million because he had hired ex-convicts as security guards, given them no training or formal policies to follow, armed them with illegal assault weapons, and indoctrinated them in racist, hate-filled ideology. The Keenans’ lawyers successfully argue that the actions of his guards were a foreseeable result of his negligent and reckless supervision. The courtroom defeat ultimately forces Butler to relinquish the Idaho compound in a bankruptcy auction. The new owners demolish the buildings. [Southern Poverty Law Center, 2010; Southern Poverty Law Center, 2010]

Entity Tags: Southern Poverty Law Center, Jason Keenan, Aryan Nations, Victoria Keenan, Richard Girnt Butler

Timeline Tags: US Domestic Terrorism

A jury convicts Montana Freemen (see 1993-1994) leader LeRoy M. Schweitzer (see 1983-1995) and three of his fellows, Dale Jacobi, Daniel E. Petersen Jr., and Russell D. Landers, for conspiracy and bank fraud (see May 27, 1998 and After). Schweitzer is found guilty on 21 of 30 counts, most involving fake checks and money orders issued by the group. Schweitzer, Petersen, Richard Clark, and Rodney Skurdal are found guilty of two counts of threatening to kill Judge Jack Shanstrom. The defense argued that the Freemen sincerely believed that they were doing what was necessary; defense attorney Anthony Gallagher said during the trial, “These were folks that legitimately believed that their government was no longer their government.” After several days of jury deliberations, District Judge John C. Coughenour declares a mistrial on 63 unresolved counts of the 126 total charges; one of those charges is that all the defendants engaged in an enormous fraud scheme. [Reuters, 7/3/1998; Associated Press, 7/3/1998; Southern Poverty Law Center, 8/1998; Billings Gazette, 3/25/2006]

Entity Tags: Montana Freemen, Dale Jacobi, Daniel Petersen, LeRoy Schweitzer, Richard Clark, Russell Dean Landers, John C. Coughenour, Rodney Owen Skurdal

Timeline Tags: US Domestic Terrorism

William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), says on the Alliance’s weekly radio broadcast American Dissident Voices (ADV): “We are letting the Mexicans and blacks wreck our country today not because the blacks or the Mexicans are able to brainwash us but because the Jews are. Mexicans are not a menace to us because they breed fast and carry switchblades. Blacks are not a menace because there are a lot of them and they have a tendency toward violence. We know how to deal with people who breed fast and carry switchblades. We know how to deal with violent blacks, no matter how many of them there are. Cleaning up America might be a bit messy, but there’s absolutely no question about our ability to do it, if we had the will to do it.” [Center for New Community, 8/2002 pdf file]

Entity Tags: William Luther Pierce, National Alliance

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

David Horowitz, in a 2009 appearance on Fox News.David Horowitz, in a 2009 appearance on Fox News. [Source: Fox News]Conservative pundit and author David Horowitz attacks the NAACP’s advocacy of restrictions on gun ownership. Horowitz writes an op-ed for the Internet magazine Salon in response to NAACP president Kwesi Mfume’s announcement that his organization would file a lawsuit to force gun manufacturers “to distribute their product responsibly.” Mfume noted that gun violence kills young black males at a rate almost five times higher than that of young white males, and in a press release, noted, “Firearm homicide has been the leading cause of death among young African-American males for nearly 30 years.” Horowitz calls the NAACP’s lawsuit “an absurd act of political desperation by the civil rights establishment,” and asks: “What’s next? Will Irish-Americans sue whiskey distillers, or Jews the gas company?” It is young black males themselves who bear the responsibility for the disparate number of gun-related deaths among their number, Horowitz writes, and nothing more; the NAACP is itself “racist” for claiming otherwise. “Unfortunately, as a nation we have become so trapped in the melodrama of black victimization and white oppression that we are in danger of losing all sense of proportion,” he writes, and says that the idea of any African-American oppression in America is nothing more than “a politically inspired group psychosis,” inspired by “demagogic race hustlers” and “racial ambulance chasers” such as Mfume, other civil rights leaders, including Jesse Jackson and the Reverend Al Sharpton, and other organizations such as Amnesty International. Horowitz extends his argument to claim that “race baiting” by civil rights organizations, liberals, and Democrats is a tactic being used to defeat Republican presidential candidate George W. Bush (R-TX). The left is threatened by Bush’s “outreach to minority communities and by his support among blacks,” he writes, and asks, “Is there a vast left-wing conspiracy that sees Bush’s black support as a political threat?” Black males, Horowitz writes, die in disproportionately higher numbers because they commit a disproportionately high number of violent crimes; they do so, he writes, because they are predisposed, either by genetics or culturally, to commit violent crimes. Any other explanation, he writes, is to embrace what he calls “institutional racism” that makes excuses and blames whites for the suffering and oppression blacks apparently inflict upon themselves. African-Americans would do well, Horowitz writes, to abandon their support of “patronizing white liberals” and embrace conservative leadership offered by such figures as Bush and New York City mayor Rudolph Giuliani. However, he concludes, that “would mean abandoning the ludicrous claim that white America and firearms manufacturers are the cause of the problems afflicting African-Americans. It would mean taking responsibility for their own communities instead.” [Salon, 8/16/1998] In response, Time national correspondent Jack E. White labels Horowitz a “real, live bigot.” White calls Horowitz’s column “a blanket assault on the alleged moral failures of African-Americans so strident and accusatory that it made the anti-black rantings of Dinesh D’Souza (see March 15, 1982 and June 5, 2004) seem like models of fair-minded social analysis.” White asks: “Is he really unaware of concerted attempts by African-American civil rights leaders, clergymen, educators, and elected officials to persuade young black men and women to take more responsibility for their actions? Just two weeks ago, at the National Urban League convention in Houston, I heard Jesse Jackson preach a passionate sermon on that theme. In fact, he and other black leaders have been dwelling on such issues for years.” [Time, 8/30/1998]

Entity Tags: Jack E. White, David Horowitz, Kwesi Mfume, National Association for the Advancement of Colored People

Timeline Tags: Domestic Propaganda

Indiana University (IU) sophomore Benjamin “August” Smith gives a fiery interview to a student reporter that details his hatred of African-Americans, Hispanics, Jews, homosexuals, and even many Christians. Smith describes himself as a member of the World Church of the Creator (WCOTC—see May 1996 and After), a self-described “race religion” that espouses racism and totalitarianism. [Bloomington Independent, 8/27/1998] (Smith is the group’s “Creator of the Year” for 1998.) [Anti-Defamation League, 2005] The church has approximately three members in the Bloomington, Indiana, area. Smith explains his hatred: “White people are best and they deserve the best. We don’t believe all races are equal. We see all inferior races breeding and the number of whites is shrinking. The mud people (see 1960s and After) will turn this world into a cesspool.” Until IU officials stopped him, Smith would paper the campus with fliers three or four times a week, earning him the sobriquet “the flier guy.” A typical flier reads: “If we do nothing, we will condemn our children to live in an Alien Nation where there is no place to escape these non-White invaders. There is nothing wrong with wanting America to remain a racially and culturally European nation.” In the interview, Smith says, “We want to show people that liberals like [President] Clinton are destroying the racial basis of this country.” Smith is as blunt about his church’s position on democracy, saying: “We’re not a big fan of democracy. We believe in totalitarianism.” If the church succeeds in achieving its goals, it will, Smith says, divide the US into portions, retaining much of it for its members. “We want the Midwest. It has the most fertile land and is the best basis for a new nation,” Smith says. Minorities will not be welcome. “Send the blacks back to Africa, the Asians back to Asia,” Smith says. “They probably won’t be very happy about it but they’ll probably end up wanting to leave.” Smith says mainstream Christianity is a huge impediment to his church’s aims. “It’s not blacks and Jews, but Christianity is our biggest obstacle. It caters to the weakness of man and humble him.” The church has its own Bible, Nature’s Eternal Religion. Smith became a white supremacist after entering college. “I looked through Aryan stuff and realized historically nations function best when there’s one race. Otherwise it’s a power struggle,” he recalls. “I saw the influx of taxpayers paying for minorities. This country was founded for and by whites and that’s when I decided I had to become an activist.” Smith has lost most of his old friends, and now calls them “race traitors and non-believers,” and though he still speaks to his parents, the relationship is strained. Through its Web site, the church claims it can come to power legally and non-violently, but, the site says, if the government tries “to restrict our legal means then we have no recourse but to resort to terrorism and violence.” Smith claims he has received death threats over his activism, but says he intends to increase his recruitment efforts in and around Bloomington and nearby Indianapolis. “Indy’s a big target for us,” he explains. “There are a lot more open minds. This community is la-la land.” [Bloomington Independent, 8/27/1998] Less than a year after the interview, Smith will go on a killing rampage throughout central Indiana before killing himself (see July 2-4, 1999).

Entity Tags: World Church of the Creator, Benjamin Smith, University of Indiana

Timeline Tags: US Domestic Terrorism

The Tenth Circuit Court of Appeals upholds the conviction of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). [Tenth Circuit Court of Appeals, 9/8/1998; Douglas O. Linder, 2001] McVeigh appealed the conviction due to the allegedly poor performance of his lawyer (see August 14-27, 1997) and because of alleged errors by the presiding trial judge (see January 16, 1998). [CNN, 2001]

Entity Tags: Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

A federal appeals court orders the release of evidence used in the federal trials of convicted Oklahoma City bombers Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). The order paves the way for Oklahoma authorities to try the two on state murder charges related to the deaths of 160 civilians in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The appeals judges say they will delay release of the evidence to allow defense lawyers to appeal their ruling. [New York Times, 10/5/1998]

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The FBI announces that it is charging anti-abortion activist Eric Robert Rudolph with the 1996 bombing of Atlanta’s Centennial Olympic Park as well as with the 1997 bombing of an Atlanta abortion clinic (see January 16, 1997) and an Atlanta nightclub (see February 21, 1997). Rudolph has been a fugitive from law enforcement authorities since his January 1998 bombing of an Alabama clinic (see January 29, 1998), for which he has already been charged. “We are going to keep searching until we find him,” says Attorney General Janet Reno. The current complaint against Rudolph cites five counts of malicious use of an explosive in violation of federal law. FBI Director Louis Freeh calls Rudolph a domestic terrorist. The FBI has Rudolph on its Most Wanted list. [Federal Bureau of Investigation, 10/14/1998] The charges will be formalized, and new charges added, in November 2000, when grand juries hand down additional indictments. [CNN, 5/31/2003] Rudolph will be captured after almost five years of living as a fugitive (see May 31, 2003).

Entity Tags: Louis J. Freeh, Eric Robert Rudolph, Federal Bureau of Investigation, Janet Reno

Timeline Tags: US Health Care, US Domestic Terrorism

The Vail resort in flames.The Vail resort in flames. [Source: Mark Mobley / Colorado Independent]Earth Liberation Front (ELF—see 1997) activists set fire to a Vail, Colorado, ski resort, causing $12 million in damage. At the time, the Vail attack is the costliest ecoterrorist attack in US history. The attack consists of seven separate fires, which destroy three buildings, including the “spectacular” Two Elk restaurant, and damage four chairlifts. In a press release, the ELF says: “[P]utting profits ahead of Colorado’s wildlife will not be tolerated.… We will be back if this greedy corporation continues to trespass into wild and unroaded [sic] areas.” [Anti-Defamation League, 2005; Colorado Independent, 10/19/2008]
Resort Threatens Lynx Habitat - The ELF justifies the bombing by claiming that the resort encroaches on the natural habitat of Canada lynx in the area, an endangered species; an 885-acre planned expansion would, the group claims, virtually destroy the habitat. The resort and other construction have virtually eliminated all lynx from the area. [Outside, 9/2007; Colorado Independent, 10/19/2008; Rocky Mountain News, 11/20/2008]
Activist Says ELF Not a Terrorist Group - In a 2007 jailhouse interview, one of the activists, Chelsea Dawn Gerlach, will discuss her role in the bombing. An activist since her mid-teens, she began by getting involved with “above ground” protests with Earth First! (see 1980 and After), a less overtly militant environmental organization, and became disillusioned when she saw how little effect such protests had on corporate depredations. She will say that she and her colleagues were extremely careful about buying the materials for the firebombs, not wanting to raise suspicions. They built the actual devices in a Utah motel room, with group leader William C. Rodgers, whom Gerlach and the others call “Avalon,” doing the bulk of the work. After performing a final reconnaisance of the lodge, some of the ELF members decide the bombing cannot be done, and return to Oregon. Rodgers actually plants the devices and sets them off; Gerlach, who accompanies Rodgers and others to the resort, later emails the statements released under the ELF rubric. Gerlach will say: “We weren’t arsonists. Many of our actions didn’t involve fires at all, and none of us fit the profile of a pyromaniac. I guess ‘eco-saboteur’ works. To call us terrorists, as the federal government did, is stretching the bounds of credibility. I got involved at a time when a right-winger had just bombed the Oklahoma City federal building—killing 168 people—(see 8:35 a.m. - 9:02 a.m. April 19, 1995) and anti-abortionists were murdering doctors (see March 10, 1993 and July 29, 1994). But the government characterized the ELF as a top domestic terrorism threat because we burned down unoccupied buildings in the middle of the night. It shows their priorities.” [Outside, 9/2007]
Apprehensions, Convictions - The Vail firebombing focuses national attention on the organization, as well as on other “ecoterror” groups that use vandalism, arson, and other destructive methods to further their agendas. In December 2006, Gerlach and Stanislas Gregory Meyerhoff will plead guilty to federal arson charges. Gerlach and Meyerhoff have already pled guilty to other arsons committed between 1996 and 2001 by a Eugene-based ELF cell known as the Family, which disbanded in 2001. (Gerlach will say that the Family took great pains to ensure that while property was destroyed, no one was injured; “In Eugene in the late nineties, more than a couple of timber company offices were saved by the proximity of neighboring homes.”) The FBI learned about them from an informant who enticed friends of the two to speak about the crimes in surreptitiously recorded conversations. Both are sentenced to lengthy jail terms and assessed multi-million dollar restitution fines. Two others indicted in the arson, Josephine Sunshine Overaker and Rebecca J. Rubin, who do not directly participate in the Vail firebombing, remain at large. Rodgers will commit suicide in an Arizona jail in December 2005 after being apprehended. Several others will later be arrested and convicted for their roles in the assault. [Associated Press, 12/14/2006; Outside, 9/2007; Colorado Independent, 10/19/2008; Rocky Mountain News, 11/20/2008]
Firebombing Detrimental to Local Activism - Gerlach will later say that the Vail firebombing was actually detrimental to local environmental activism. [Outside, 9/2007] In 2008, Ryan Bidwell, the executive director of Colorado Wild, will agree. He will say that the fires damaged the trust the community once had in the environmental activist movement, and will add that the federal government used the fires to demonize the entire environmental movement. “I don’t think it really changed the Bush administration agenda, but it probably made their job easier by lumping those actions onto the broad umbrella of terrorism over the last decade,” Bidwell will say. “I don’t think that’s been effective at all, but every time that someone lumps groups here in Colorado under the same umbrella as ELF it’s really disingenuous. In places like Vail that have a history it’s made it more important for the conservation community to communicate what its objectives are.” [Colorado Independent, 10/19/2008]

Entity Tags: Rebecca J. Rubin, Chelsea Dawn Gerlach, Earth First!, Josephine Sunshine Overaker, Earth Liberation Front, Federal Bureau of Investigation, Colorado Wild, Bush administration (43), Ryan Bidwell, William C. Rodgers, Stanislas Gregory Meyerhoff

Timeline Tags: US Domestic Terrorism

James Kopp.James Kopp. [Source: Women's eNews (.org)]Dr. Barnett Slepian, an obstetrician in Buffalo, New York, who performs abortions, is shot to death in his kitchen, by a bullet that enters through the window of his Amherst, New York, home. His wife and one of his four children witness his murder. Anti-abortion advocate James Kopp shoots Slepian with a high-powered rifle. Kopp uses the pseudonym “Clive Swenson,” and is well known under that name in a Jersey City, New Jersey, Catholic congregation. Militant anti-abortionists call him “Atomic Dog.” It will take the FBI over two years to find Kopp, who will be arrested in France (see March 29, 2001). Kopp, who apparently was drawn to anti-abortion protests in the 1970s after his girlfriend had an abortion, has been active in anti-abortion protests for decades and joined Randall Terry’s Operation Rescue in 1986. It is also believed he joined the violent anti-abortion organization “Army of God” in 1988 (see 1982), as well as the “Lambs of God,” a Catholic anti-abortion group whose leader has characterized the anti-abortion movement as a “war between God and Satan.” Kopp is well known for designing intricate locks that anti-abortion protesters use to lock the doors to women’s health care clinics. Slepian has been listed as a “wanted” abortion provider on the anti-abortion Web site “Nuremberg Files,” which The Guardian will describe as “a virtual hit list of doctors who carry out abortions” (see January 1997). Within hours of his murder, Slepian’s name is reposted on the site, this time with a line drawn through it. [Washington Post, 1998; Womens eNews, 3/30/2001; Guardian, 4/1/2001; National Abortion Federation, 2010] By early November, Kopp will be named as a suspect in the murder, though he will not be formally charged until May 1999. He will be placed on the FBI’s “Most Wanted” list in June 1999. [National Abortion Federation, 2010] In 2002, Kopp will confess to the murder (see November 21, 2002). He will be found guilty a year later (see March 17-18, 2003).

Entity Tags: Lambs of God, Barnett Slepian, James Kopp, Army of God, Operation Rescue, Federal Bureau of Investigation

Timeline Tags: US Health Care, US Domestic Terrorism

President Clinton signs the Iraq Liberation Act of 1998 (ILA) into law. The act, which passed with overwhelming support from Democrats and Republicans in both the House and Senate, was written by Trent Lott (R-MS) and other Republicans with significant input from Ahmed Chalabi and his aide, Francis Brooke. [US Congress, 10/31/1998 pdf file; Washington Post, 1/25/2002; New Yorker, 6/7/2004] (Former Defense Intelligence Agency official Patrick Lang will later write that one of the driving goals behind the ILA is to revive the failed 1995 coup plans against Saddam Hussein, called “End Game”—see November 1993.) [Middle East Policy Council, 6/2004] The act makes it “the policy of the United States to support efforts to remove the regime headed by Saddam Hussein from power in Iraq and to promote the emergence of a democratic government to replace that regime.” To that end, the act requires that the president designate one or more Iraqi opposition groups to receive up to $97 million in US military equipment and nonlethal training. The act authorizes another $43 million for humanitarian, broadcasting, and information-collection activities. To be eligible for US assistance, an organization must be “committed to democratic values, to respect for human rights, to peaceful relations with Iraq’s neighbors, to maintaining Iraq’s territorial integrity, and to fostering cooperation among democratic opponents of the Saddam Hussein regime.” [US Congress, 10/31/1998 pdf file; Washington Post, 1/25/2002; New Yorker, 6/7/2004]
Chalabi Receives Millions from State Department - Chalabi’s Iraqi National Congress receives $17.3 million from the State Department to carry out what it calls the “collection and dissemination of information” about Saddam Hussein’s atrocities to the public. It will continue to receive hundreds of thousands per month from the Defense Department as well. [Mother Jones, 4/2006] However, the Clinton administration itself has little use for Chalabi. One administration official will say, “He represents four or five guys in London who wear nice suits and have a fax machine.” [Unger, 2007, pp. 160]
Zinni Warns of Legislation Presaging Military Action - While few in Washington see the ILA as presaging military action against Iraq, one who does is Marine Corps General Anthony Zinni, the commander of CENTCOM. As the bill works its way through Congress, Zinni tells some of his senior staff members that the bill is far more serious than most believe. It is much more than a sop for the pro-war crowd, Zinni believes, but in reality a first step towards an invasion of Iraq. In 2004, former ambassador Joseph Wilson will write, “He was, of course, right, but few were listening.” [Wilson, 2004, pp. 290]

Entity Tags: Patrick Lang, Francis Brooke, Iraqi National Congress, Clinton administration, US Department of State, Trent Lott, Ahmed Chalabi, US Department of Defense, William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

A federal judge sentences three members of the anti-government Montana Freemen (see 1993-1994, May 27, 1998 and After, and July 3-8, 1998) to jail. Russell Landers, who told the court that it had no jurisdiction over him, receives over 11 years in prison for conspiracy, bank fraud, threatening a federal judge, and being a fugitive in possession of a firearm. Emmett Clark, who is ill, is sentenced to time served plus three years’ probation; he pled guilty to threatening to kidnap and murder Montana federal judge Jack Shanstrom. Dana Dudley, Landers’s wife, pled guilty to interstate transportation and is sentenced to time served plus another 21 months in prison. When the sentencing hearing begins, Landers interjects, “This is now the supreme court of Justus Township, Russell Dean presiding.” Landers is referring to “Justus Township,” the ranch formerly occupied by the Freemen (see September 28, 1995 and After). When Judge John Coughenour attempts to proceed, Landers says: “Bailiff, remove me. I have no part in the United States, no part in these proceedings.” He repeats his contention and sits quietly for the remainder of the hearing. [New York Times, 11/8/1998]

Entity Tags: Montana Freemen, Dana Dudley Landers, Jack Shanstrom, Emmett Clark, Russell Dean Landers, John C. Coughenour

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) asks a federal appeals court in Denver for a new trial, contending that Judge Richard P. Matsch, who presided over his trial, made a number of reversible errors in both the trial and sentencing. Nichols’s co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) has also asked for a new trial (see January 16, 1998), a request that was denied (see September 8, 1998). Nichols’s legal team, Michael Tigar, Susan L. Foreman, and Adam Thurschwell, argue that Matsch erred in the instructions he gave the jurors, in the testimony he permitted, and in his interpretation of federal sentencing guidelines. According to Nichols’s lawyers, Matsch erred when he told the jury that Nichols’s responsibility for the deaths of people killed as a result of the bombing conspiracy (see 8:35 a.m. - 9:02 a.m. April 19, 1995) did not depend on proof that Nichols intended to kill anyone. An intent to kill, Nichols’s lawyers contend, is a necessary element in the offense. The jurors who convicted Nichols of conspiracy acquitted him of blowing up the building and of first- or second-degree murder in the deaths of the officers. They also contend that Nichols should have been sentenced under federal guidelines for arson and property damage, not first-degree murder, and that the restitution order of $14.5 million is punitive. [New York Times, 11/22/1998]

Entity Tags: Richard P. Matsch, Adam Thurschwell, Susan L. Foreman, Michael E. Tigar, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

A number of neoconservatives, led by retired General Wayne Downing (see 1990-1991) and retired CIA officer Duane “Dewey” Clarridge (see December 25, 1992), use the recently passed Iraqi Liberation Act (ILA—see October 31, 1998) to revive the failed “End Game” coup plans against Saddam Hussein (see November 1993 and March 1995). Both Downing and Clarridge are “military consultants” to Ahmed Chalabi’s Iraqi National Congress, who attempted to carry out the coup in 1995 with dismal results. Downing and Clarridge produce an updated version of the INC’s “End Game” scenario, calling it “The Downing Plan.” The Downing scenario varies very little from the original plan. Their plan stipulates that a “crack force” of 5,000 INC fighters, backed up by a detachment of US Special Forces soldiers, could bring down the Iraqi Army. Clarridge later tells reporters: “The idea from the beginning was to encourage defections of Iraqi units. You need to create a nucleus, something for people to defect to. If they could take Basra, it would be all over.” Former Defense Intelligence Agency official Patrick Lang will later write, “It is difficult to understand how a retired four-star Army general [Downing] could believe this to be true.” General Anthony Zinni, commander of CENTCOM, which has operational control of US combat forces in the Middle East, is provided with a copy of Chalabi’s military plan to overthrow Saddam Hussein. “It got me pretty angry,” he later recalls. He warns Congress that Chalabi’s plan is a “pie in the sky, a fairy tale,” and predicts that executing such a poorly envisioned assault would result in a “Bay of Goats.” Chalabi’s INC is nothing more than “some silk-suited, Rolex-wearing guys in London;” neither the INC nor any of the other 91 or so Iraqi opposition groups have anywhere near “the viability to overthrow Saddam.” He tells the New Yorker: “They were saying if you put a thousand troops on the ground Saddam’s regime will collapse, they won’t fight. I said, ‘I fly over them every day, and they shoot at us. We hit them, and they shoot at us again. No way a thousand forces would end it.’ The exile group was giving them inaccurate intelligence. Their scheme was ridiculous.” Zinni earns the enmity of the neoconservative developers of the plan for his stance. [Middle East Policy Council, 6/2004; New Yorker, 6/7/2004]

Entity Tags: Wayne Downing, Patrick Lang, Saddam Hussein, Ahmed Chalabi, Anthony Zinni, US Congress, Duane Clarridge, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

Charles Key.Charles Key. [Source: Oklahoma City Sentinel]An Oklahoma County grand jury investigating alternative theories about the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 30, 1997) wraps up without naming any new suspects aside from convicted bombing conspirators Timothy McVeigh (see June 11-13, 1997) and Terry Nichols (see June 4, 1998). After hearing 117 witnesses and weathering criticism that its work gave legitimacy to wild conspiracy theories surrounding the blast, the grand jury reports: “We cannot affirmatively state that absolutely no one else was involved in the bombing of the Alfred P. Murrah Federal Building. However, we have not been presented with or uncovered information sufficient to indict any additional conspirators.” [District Court of Oklahoma County, State of Oklahoma, 12/30/1998; New York Times, 12/31/1998; The Oklahoman, 4/2009]
Findings - The jury reviewed documentation of a number of “warning” telephone calls to federal and local law enforcement agencies, and determined that none of them warned of a bombing attack against the Murrah Building, or any other attack. One such call came a week before the blast, a 911 call from an Oklahoma City restaurant that warned the operator of an upcoming bombing. The caller gave no more details. Police quickly looked into the call and determined it came from a mental patient who lived in a nearby care facility. The jury also investigated the numerous claims of sightings of a possible third bomber, “John Doe No. 2,” and determined that the information given by the witnesses was so disparate and general that nothing useful could be concluded. The jury reports that the sightings were most likely of Todd Bunting, an Army private who had no connection to McVeigh or the bombing (see January 29, 1997). “The similarity of… Todd Bunting to the composite of John Doe No. 2 [is] remarkable, particularly when you take into account Bunting’s tattoo of a Playboy bunny on his upper left arm and the fact that he was wearing a black T-shirt and a Carolina Panthers ball cap when he was at Elliott’s Body Shop,” the report states. Witness statements of “John Doe No. 2” fleeing the scene of the bombing in a “brown pickup truck” were erroneous, the report finds. A brown pickup truck did leave the area shortly before the bombing, driven by an employee of the Journal Record Building near the Murrah Building. The driver left the building shortly before the bombing after being informed that her child was ill. The jury finds no evidence that the bombing was orchestrated by the federal government, or that any agency knew about the bombing in advance. [District Court of Oklahoma County, State of Oklahoma, 12/30/1998; Denver Post, 1/9/1999]
Journalist Indicted for Jury Tampering - The jury does bring an indictment against investigative journalist David Hoffman, who will plead guilty to jury tampering, admitting that he sent one of the alternate grand jurors a letter copy of a book on conspiracy theories about the bombing. In a sealed indictment, the jury cited Hoffman for “improper and perhaps illegal attempts to exert influence on the outcome of our investigation.” Hoffman will be given a suspended sentence and 200 hours of community service. Hoffman will later call the indictment “a sham charge by a corrupt government designed to silence me,” and will write a book, The Oklahoma City Bombing and the Politics of Terror, which says the government falsely accused McVeigh and Nichols of the crime, concealing the involvement of others, perhaps members of neo-Nazi groups with which McVeigh was involved (see October 12, 1993 - January 1994 and (April 1) - April 18, 1995). [New York Times, 12/31/1998; Vanity Fair, 9/2001; Lukeford (.net), 11/25/2002]
Report Denounced - Former Oklahoma State Representative Charles R. Key (R-Oklahoma City), who helped convene the grand jury, immediately denounces the findings. [Southern Poverty Law Center, 6/2001] Key has insisted that McVeigh and Nichols had unplumbed connections with Islamist terrorists (see Late 1992-Early 1993 and Late 1994, November 5, 1994 - Early January 1995, and 10:00 a.m. April 19, 1995 and After), and has insisted that what he calls “revisionist news reports” by the mainstream media have failed to show Islamist connections to the bombing. He has even implied that government officials were complicit in the bombing. [Charles Key, 3/12/1997] The grand jury reports, “We can state with assurance that we do not believe that the federal government had prior knowledge that this horrible terrorist attack was going to happen.” The jury findings are “a ditto of what the federal government presented in the McVeigh trial,” Key states. “It had huge, gaping holes.” Glenn Wilburn, who lost two grandchildren in the bombing, died in 1997 before the jury returned its findings. Key has set up a private non-profit group, the Oklahoma Bombing Investigation Committee, which also gathered information about possible witnesses and submitted their names to the grand jury and urged Congress not to let the federal investigation drop. Key says that group will issue a final report of its own that “will read quite differently than this report today.” [District Court of Oklahoma County, State of Oklahoma, 12/30/1998; New York Times, 12/31/1998]

Entity Tags: Timothy James McVeigh, Oklahoma Bombing Investigation Committee, David Hoffman, Glenn Wilburn, Terry Lynn Nichols, Todd David Bunting, Charles R. Key

Timeline Tags: US Domestic Terrorism

Florida, already using controversial and error-ridden “purge lists” to remove tens of thousands of minority voters from the voting rolls (see 1998 and After), uses voting machines and voting procedures to disenfranchise eligible voters. The Florida elections system is grossly underfunded, resulting in the use of obsolete and error-prone machines (disproportionately used in counties with large minority populations), and elections officials lacking fundamental training and even information about their jobs. During most of 2000, county supervisors warn Tallahassee that Florida could expect an unprecedented number of voters on November 7, especially among the black voting community. But Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) and Division of Elections chief Clay Roberts, by their own subsequent testimony, fail to address the problem. Roberts tells Leon County Elections Supervisor Ion Sancho, “It’s not that bad.” Thusly on November 7, 2000, many polling places experience massive difficulties. An investigation by the National Association for the Advancement of Colored People (NAACP) turns up thousands of voters who are turned away for a number of reasons, including but not limited to being on the purge lists. Some voters who registered are not listed on the voting rolls—many of whom were registered through NAACP efforts to register voters via the “motor voter” procedures (see May 20, 1993). County supervisors calling Tallahassee with questions and problems routinely find themselves unable to get through. Many precincts lack access to central voter rolls to verify questionable registrations. Some voters who are in line to vote at the 7:00 p.m. closing time are told to leave, even though the law mandates that any voter standing in line to vote can vote even if closing time occurs. Florida law also allows voters whose status is questionable to complete affidavit votes that will be counted later after their eligibility is confirmed, but many election workers know nothing of these procedures, and thusly many voters who are eligible to vote via affidavit are not given that opportunity. Many disabled voters find no procedures in place to allow them access to voting machines. Many precincts lack procedures to assist Spanish-speaking voters, including failing to provide bilingual ballots or bilingual poll workers. (The Voting Rights Act of 1965—see August 6, 1965—mandates that such provisions be made at every polling place without exception.) The Puerto Rican Legal Defense and Education Fund later concludes that several thousand Hispanic voters are disenfranchised because of these failures. Black voters in Leon County complain that the Florida Highway Patrol set up a roadblock that denied them access to their polling place (see 11:30 a.m. November 7, 2000); Highway Patrol authorities later admit the existence of the roadblock, but say that it was a routine vehicle inspection checkpoint.
Punch Card Voting - Florida generally uses two voting systems—the more sophisticated computer “optiscan” system, which features ballots where choices are made by “bubbling in” an oval with a pencil and then feeding into a scanner, and the obsolete “punch card” system, which uses “punch cards” where choices are made by a voter “punching” a hole in a card with a stylus and then feeding the card into a scanner. Counties with large African-American populations are disproportionate in having to use the obsolete punch card machines. In four of these counties—Miami-Dade, Broward, Palm Beach, and Duval—over 100,000 votes are discarded due to problems with punching the holes correctly (see November 9, 2000). This total is more than half the discards in the entire state. Of the 19 precincts in the state with the highest rate of discard, 18 are majority-black. Seventy percent of black Floridian voters are forced to use the punch card machines, a percentage far higher than that of other ethnic groups. The NAACP later sues to force Florida to discard punch card machines entirely. The Florida government’s response to the punch-card disenfranchisement can perhaps be best summed up by a statement made by Republican House Speaker Tom Feeney, who responds to a question about the infamous “butterfly ballot” in Palm Beach County (see November 9, 2000) by saying: “Voter confusion is not a reason for whining or crying or having a revote. It may be a reason to require literacy tests.” Literacy tests, a legacy of the Jim Crow era of massive voter discrimination, are unconstitutional (see 1896 and June 8, 1959). [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).

Entity Tags: County of Palm Beach (Florida), County of Madison (Florida), County of Leon (Florida), County of Duval (Florida), County of Broward (Florida), Clay Roberts, County of Miami-Dade (Florida), Florida Highway Patrol, Ion Sancho, Puerto Rican Legal Defense and Education Fund, Tom Feeney, Linda Howell, Katherine Harris, National Association for the Advancement of Colored People

Timeline Tags: 2000 Elections, Civil Liberties

FBI Director Louis Freeh, speaking of the possibility of future violence from radical-right militia groups, says: “With the coming of the next millennium, some religious/apocalyptic groups or individuals may turn to violence as they seek to achieve dramatic effects to fulfill their prophecies.… Many white supremacist groups adhere to the Christian Identity belief system (see 1960s and After), which holds that the world is on the verge of a final apocalyptic struggle… and teaches that the white race is the chosen race of God.” Some of these Christian Identity members will commit crimes to prepare for their anticipated Apocalypse, Freeh warns, and says that the US government, Jews, and non-whites are likely targets. [Ontario Consultants on Religious Tolerance, 5/30/2006] Freeh’s statement anticipates the FBI’s “Project Megiddo” report, which will focus on the possibility of a wave of domestic terrorism coinciding with the “end of the millennium” (see October 20, 1999).

Entity Tags: Louis J. Freeh, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

The US Supreme Court refuses to hear an appeal of Timothy McVeigh’s conviction for bombing a federal building in Oklahoma City and killing eight federal agents (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). [Douglas O. Linder, 2001; Fox News, 4/13/2005]

Entity Tags: US Supreme Court, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Judge John C. Coughenour sentences Montana Freemen leader LeRoy Schweitzer (see November 18, 1998) to over 22 years in prison, and orders almost $40,000 in restitution, on charges stemming from the Freemen’s expansive bad-check scheme that spread throughout the country (see 1993-1994). Freemen leader Rodney Skurdal receives a 15-year sentence. Another group leader, Daniel Petersen, is sentenced to 15 years and ordered to pay $39,845 in restitution. Former Canadian police officer Dale Jacobi receives 13 years. Richard Clark receives 12 years. William Stanton (see October 17, 1994) receives a three-year sentence. Two of the convicted Freemen’s wives, Agnes Stanton and Cherlyn Petersen, are sentenced to time served and released. Coughenour says of the Freemen’s crimes, “What we are talking about is a calculated and organized program to undermine the banking system of this country and to encourage other, more ignorant people to violate the law.” He says that the Freemen’s sentences should send “a loud and clear message to those who pass this hatred and ugliness around.… Be forewarned, your personal liberty is at stake.” Schweitzer and five other Freemen, continuing to refuse to accept the sovereignty of the court, refuse to attend the sentencing and watch the proceedings from a holding cell. [Seattle Times, 3/17/1998; Billings Gazette, 3/25/2006]

Entity Tags: John C. Coughenour, Agnes Bollinger Stanton, Cherlyn Bronson Petersen, Daniel Petersen, LeRoy Schweitzer, Rodney Owen Skurdal, Dale Jacobi, Montana Freemen, Richard Clark, William Stanton

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, December 23, 1997, and June 4, 1998) is charged with 160 counts of murder at the state level in Oklahoma. Prosecutors say they will seek the death penalty. Nichols is serving a life sentence as a conspirator in the bombing of the Murrah Federal Building, which killed 168 people. The 160 counts of murder represent the civilians, as opposed to federal agents, killed in the blast. Oklahoma District Attorney Robert Macy says of Nichols’s previous convictions: “I’m not satisfied with the outcome of the Nichols trial. I feel like he needs to be tried before an Oklahoma jury.” Nichols escaped murder convictions in the previous trial. Along with the 160 counts of murder, Nichols faces one count of first-degree manslaughter for the death of a fetus, one count of conspiracy to commit murder, and one count of aiding and counseling in the placing of a substance or bomb near a public building. Macy says he intends to try Nichols’s convicted co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) at a later date. [New York Times, 5/30/1999; The Oklahoman, 4/2009]

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols, Robert (“Bob”) Macy

Timeline Tags: US Domestic Terrorism

Michael E. Tigar, the lead defense attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998), says evidence given to the defense near the end of the federal trial provided enough information about another suspect to warrant a new trial (see March 31 - April 12, 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, April 13, 1995, April 15, 1995, April 15, 1995, April 15, 1995, April 16-19, 1995, 3:00 p.m. April 17, 1995, 3:00 - 5:00 p.m. April 17, 1995, April 17-21, 1995, (6:00 p.m.) April 17, 1995, 9:00 p.m. April 17, 1995, 8:00 a.m. April 18, 1995, 7:00 p.m. April 18, 1995, April 18, 1995, and Early Morning, April 19, 1995). “Government counsel argued that Mr. Nichols mixed the bomb and that he was with [fellow conspirator Timothy] McVeigh for long periods on April 17 and 18,” Tigar states (see April 13, 1995, April 15, 1995, April 15-16, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and Early Afternoon, April 18, 1995). “The withheld evidence contradicts this key government theory.” Tigar called a number of witnesses who said they saw McVeigh with an unknown suspect known as “John Doe No. 2” (see April 15, 1995, 9:00 p.m. April 17, 1995, 3:00 p.m. April 17, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) and/or other people during key periods in the days and weeks leading up to the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Tigar will demand those documents for his new trial request. [New York Times, 7/8/1999; Mayhem (.net), 4/2009] Judge Richard P. Matsch, who presided over the first trial, will deny Nichols’s request. [New York Times, 9/14/1999] In December 2000, a federal appeals court will also deny the request. [New York Times, 12/19/2000]

Entity Tags: Michael E. Tigar, Timothy James McVeigh, Terry Lynn Nichols, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

US Representative Ron Paul (R-TX) introduces the so-called “Liberty Amendment” as, his office says in a press release, “what should be 28th Amendment to the US Constitution; HJ116, the Liberty Amendment.” The Liberty Amendment would repeal the 16th Amendment, which gives the federal government the right to levy income, estate, and gift taxes, and would severely limit the power of the federal government in areas not strictly defined by the Constitution, giving vast new powers to the states instead. The Liberty Amendment was first introduced in Congress in 1952; in 1957, Representative Elmer Hoffman (R-IL) reintroduced it with the new prohibitions on federal taxations. The Anti-Defamation League will write, “In this form, the amendment garnered considerable support among extreme right-wing conservatives as well as the budding libertarian movement.” Right-wing libertarian Willis Stone became the chairman of the Liberty Amendment Committee in the late 1950s, and for years attempted to raise support for the amendment. In recent years, Paul has become the champion of the amendment. After introducing the amendment, Paul tells reporters: “Over the years this amendment has enjoyed widespread support and has been introduced several times in the past by various members of Congress, but finally this measure has a chance of success given the conservative Congress and mood of the country in favor of a more limited, constitutional government which respects individual liberty.… The income tax is the most regressive tax imaginable, allowing government to take first claim on our lives. The income tax assumes government owns us, as individuals, and has a sovereign claim to the fruits of our labor. This is immoral. But government has been compelled to levy this economically damaging tax because government has grown so big. By reducing the size of the federal government to those functions strictly enumerated in the Constitution, there will no longer be a need for the income tax.… Once again, Americans are being treated to hearings on the abuses of the IRS. For as abusive as the IRS is, it is in fact simply the predictable result of the underlying income tax. By eliminating the income tax, we will go a long way toward eliminating these abuses.” Paul has regularly introduced the amendment in the House since 1981. [Ron Paul, 4/28/1999; Anti-Defamation League, 2011] The Liberty Amendment is part of the anti-tax movement stemming at least as far back as 1951 (see 1951-1967).

Entity Tags: Willis Stone, Anti-Defamation League, Elmer Hoffman, Ron Paul, Liberty Amendment, Liberty Amendment Committee

Timeline Tags: Domestic Propaganda

William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), writes in the Alliance’s monthly Bulletin: “People who are living comfortably now will resist doing anything to jeopardize their situations. Cowards will remain cowards. But a growing minority of serious, moral people will admit finally, at least to themselves, that we have tolerated the Jews for far too long and that revolution is the correct course for patriots.” [Center for New Community, 8/2002 pdf file]

Entity Tags: William Luther Pierce, National Alliance

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), acquires the largest white power music distributor in the US and renames it Resistance Records (see Late 1993). Some older Alliance members question the wisdom of spending large amount of funds on a white power music label that markets “skinhead” heavy metal and other musical products; Pierce reassures them that the purchase will not only prove to be a valuable way to reach younger potential members, but will generate funds for the organization, saying, “As Resistance Records regains strength, that acquisition should add an increasing number of younger members, in the 18-25 age range, to our ranks.” Pierce is right on both counts. Also, the acquisition brings Pierce closer to the German neo-Nazi party, the National Democratic Party of Germany (NDP). [Center for New Community, 8/2002 pdf file]

Entity Tags: William Luther Pierce, National Alliance, Resistance Records, National Democratic Party of Germany

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Benjamin ‘August’ Smith.Benjamin ‘August’ Smith. [Source: Eye on Hate (.com)]Benjamin “August” Smith, a troubled 21-year-old man who devoutly believes in the racist teachings of the World Church of the Creator (WCOTC—see May 1996 and After), goes on a three-day killing spree targeted at Jews and non-whites. Smith gave himself the nickname of “August” because he believes his given name sounds Jewish, and as a reference to the Roman emperor Caesar Augustus. Smith was expelled from the University of Illinois at Champaign-Urbana for several run-ins with police, and is in trouble at his current school, the University of Indiana, for distributing WCOTC literature and penning racist screeds for the student newspaper (see August 27, 1998). His girlfriend has broken up with him due to his physical and emotional abuse towards her. The event that apparently triggers Smith’s killing spree is Illinois’s denial of a law license to Matthew Hale, the leader of the WCOTC and a man Smith considers to be his mentor (see July 2, 1999).
July 2: One Killed, Six Injured - Smith, driving a light blue Ford Taurus and carrying a .380 semiautomatic and a .22 pistol, begins the killing spree on July 2 in a Chicago suburb when he sees a group of Orthodox Jews walking home from Sabbath services; he opens fire on them, injuring six. A short time later, Smith sees Ricky Byrdsong, an African-American and the former basketball coach of Northwestern University, walking with two of his children in his front yard in the Chicago suburb of Skokie. Smith shoots and kills Byrdsong from his car. He then fires on an Asian couple in the Northwood suburb, but misses them both.
July 3: Three Injured - On July 3, while police are piecing together the events of the Chicago shootings, Smith drives to Springfield, Illinois, where he shoots at two African-Americans, wounding one and missing the other. He then drives to Decatur where he shoots and wounds Stephen Anderson, an African-American minister. He then drives to Champaign-Urbana, where he critically wounds an Asian student.
July 4: One Killed, Shooter Commits Suicide - On July 4, Smith shoots and kills Won-Joon Yoon, a University of Indiana doctoral student standing outside his Birmingham, Indiana church. Smith abandons his Taurus in Ina, Illinois, hijacks a van from a gas station, and flees. Police, alerted to the hijacking, locate him traveling towards Salem, Illinois. The police chase Smith down the highway until he shoots himself below the chin in a suicide attempt; the badly wounded Smith crashes the van and shoots himself twice more before being taken to the hospital, where he is pronounced dead on arrival. A search of the Taurus reveals that Smith carefully planned his shooting spree, though he chose his victims apparently at random. A journal left in the car contains anti-Semitic and neo-Nazi writings; the journal opens, “Anyone who knows the history of this plague upon humanity who calls themselves Jews will know why I have acted.” The car also contains a bulletproof vest and receipts showing Smith has cashed in two retirement accounts. The police subsequently find and search a storage locker Smith had rented; it houses Nazi armbands and flags, a computer, printers, and floppy disks. [Los Angeles Times, 7/6/1999; Eye on Hate, 2003]
Reactions - A former Indiana roommate, Tyrese Alexander, says of Smith after the shootings: “There was never really a, ‘I don’t like you, I hate you because you’re black.’ He seemed to harbor intense anger, but it was never of a physical nature. He never lashed out at anybody. He just had an angry look on his face.… He seemed mad at the world. But I had no idea it would end like this.” [Los Angeles Times, 7/6/1999; CNN, 7/6/1999] Hale mourns his death, saying that Smith was “a pleasant person who believes in his people, who believes in his people, the white people, I can’t say anything bad about him,” and declares he feels nothing for the victims. Some believe that Hale may have known more of Smith’s plans than he admits. Of Smith’s victims, Hale says, “As far as we’re concerned, the loss is one white man.” [CNN, 7/6/1999; Eye on Hate, 2003; Anti-Defamation League, 2005]
'Martyr' for Radical Rightists - Many radical rightists will quickly declare Smith a “martyr” for the cause and an “exemplary student” of the movement. The spree will help bolster the WCOTC membership, which will expand into 17 states and a large Internet presence. [CNN, 7/6/1999; Albion Monitor, 7/26/1999; Eye on Hate, 2003] The WCOTC will eventually change its name to the “Creativity Movement” (see November 2002). Hale will be sentenced to prison in 2005 for soliciting the murder of a federal judge (see April 6, 2005). [Anti-Defamation League, 2005]

Entity Tags: Matthew Hale, Tyrese Alexander, Ricky Byrdsong, University of Illinois at Champaign-Urbana, Stephen Anderson, University of Indiana, Benjamin Smith, World Church of the Creator, Won-Joon Yoon

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) is transferred to the federal penitentiary in Terre Haute, Indiana. The facility is the only federal prison in the US equipped with an execution chamber (see June 11-13, 1997). [Douglas O. Linder, 2001; Washington Post, 5/25/2007]

Entity Tags: Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Buford Furrow.Buford Furrow. [Source: Eye on Hate (.com)]Buford O’Neal Furrow, a security guard and member of the white supremacist Aryan Nations organization (see Early 1970s), attacks a day care center at the North Valley Jewish Community Center in Los Angeles. Apparently to avoid capture, Furrow leaves his van behind and hijacks a car to drive to the center. Upon entering, he opens fire with an Uzi submachine gun, wounding three children, a counselor, and a receptionist. Investigators will determine that Furrow fires 70 shots. Furrow flees the scene and shortly thereafter encounters letter carrier Joseph Ileto, a Filipini-American. Furrow approaches Ileto and asks him if he can post a letter for him. As Ileto reaches for the piece of mail, Furrow pulls a Glock 9mm pistol and shoots him twice. Ileto attempts to get away, but Furrow pumps seven more bullets into his back. Ileto dies at the scene. Furrow will surrender the next day in Las Vegas, where he has fled the manhunt by state and local officials. He later tells investigators that the shootings are a “wake-up call” to Jews and white supremacist groups, and that he considered Ileto a good target because he was non-white and worked for the government. Police find a book in Furrow’s van extolling the virtues of the “Christian Identity” movement (see 1960s and After). Some will speculate that Furrow was acting as a “Phineas Priest” (see [1990), Christian Identity members who believe God has called them to carry out violent attacks. The book details how to become a “Phineas Priest,” and gives examples of successful actions, including the murder of radio show host Alan Berg (see June 18, 1984 and After). To avoid the death penalty, Furrow will plead guilty and be sentenced to two life sentences without parole, plus 110 years in prison and $690,294 in restitution. The judge will tell him, “Your actions were a reminder that bigotry is alive.” Referring to the support the center victims receive after the shootings, the judge concludes, “If you’ve sent a message, it is that even the most violent crimes can strengthen a community.” [CNN, 1/24/2001; Eye on Hate, 2003; Seattle Post-Intelligencer, 2010] Investigators will later learn that Furrow may be mentally unstable, and that he was frequently in short-term state psychiatric facilities, where he often expressed his desire to maim and kill. To questions that Furrow should have been involuntarily committed before the community center shootings, psychiatry professor Renee Binder will say: “What does society do with these people? Most people would say that being a racist with violent fantasies is not against the law. Racism is not something that is designated as an illness that can be treated by mental health professionals.” And Seattle official Ron Sims says: “The problem I have is that people are trying to build a case that this killing was done because the man was insane. What he did was cowardly, repulsive, and a very irrational act. But mental illness was not the cause. Hatred was. This guy came out of a culture of hatred.” [New York Times, 8/14/1999]

Entity Tags: North Valley Jewish Community Center, Buford Furrow, Aryan Nations, Joseph Ileto, Renee Binder, Ron Sims

Timeline Tags: US Domestic Terrorism

The FBI releases a videotape taken during the first minutes of the April 1993 assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993), which contains audio of Richard Rogers, the assistant special agent in charge of the FBI’s Hostage Rescue Team (see March 23, 1993), giving permission for agents to fire military tear gas at a bunker several hundred yards away from the main Davidian compound. Those military gas canisters contained incendiary devices to help disperse the gas. The Justice Department recently admitted, after six years of denials, that the FBI did use incendiary devices during the attack, though both agencies continue to insist that their actions did not lead to the fires that consumed the compound and killed almost 80 Davidians (see August 25, 1999 and After). Rogers gave permission to fire the incendiary canisters at 7:48 a.m., almost two hours after the assault commenced. The videotape was taken by an FBI surveillance aircraft using infrared radar during the first hours of the assault. [Reuters, 9/4/1999; Washington Post, 9/4/1999] The next day, the FBI will release another tape with audio describing the effects of one such gas canister on the bunker (see September 3, 1999).

Entity Tags: Branch Davidians, US Department of Justice, Federal Bureau of Investigation, Richard Rogers, FBI Hostage Rescue Team

Timeline Tags: 1993 Branch Davidian Crisis

James Francis, the head of the Texas Department of Public Safety, announces that Texas Rangers have discovered an expended military illumination flare fired by FBI personnel during the assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993). Francis ordered the 12 tons of evidence removed by the Rangers to be reexamined in light of allegations that the FBI might have helped start the fires that consumed the Davidian compound and killed almost 80 people inside (see August 10, 1999 and After and August 25, 1999 and After). Evidence logs indicate that more of the flares were recovered in the weeks after the compound was destroyed. “These flares are potentially a very important issue, inasmuch as the government had enormous spotlights trained on the compound throughout the standoff,” Francis says. “They didn’t need these flares to light the compound. One or more was fired. For what purpose or reason would these rounds be used? I can’t tell you whether they were [shot by] the military or FBI, but certainly, they were fired by government officials.” Francis is referring to allegations that military personnel took part in the assault (see August 28, 1999). FBI spokesman John Collingwood says that he cannot rule out the use of illumination flares during the assault itself: “Several times during the standoff they had people sneaking in or out of the compound at night. Whether they ever used them then, I don’t know. But I can say categorically, we did not use illumination rounds on the 19th.” Rangers continue to comb through the evidence, stored at a warehouse in Waco. Illumination rounds similar to the ones used during the 51-day siege were used by FBI agents during the gun battle with right-wing extremist Robert Jay Mathews (see December 8, 1984). The house Mathews was using as a hideout caught fire during the battle and Mathews died in the flames. [Dallas Morning News, 9/8/1999] Days later, the FBI will assert that the flares were definitely used during the early days of the siege, in an attempt to prevent an intruder from entering the compound (see September 9, 1999).

Entity Tags: Texas Rangers, Branch Davidians, Robert Jay Mathews, Federal Bureau of Investigation, James B. Francis Jr

Timeline Tags: 1993 Branch Davidian Crisis

One of the few survivors of the April 1993 conflagration that killed over 70 members of the Branch Davidian sect near Waco, Texas (see April 19, 1993), writes of the events of that day and their aftermath. David Thibodeau was in the Mt. Carmel compound when the FBI tanks and armored vehicles began crashing through the walls. He recalls walls collapsing, CS gas billowing in, and a cacophony of noise assaulting his ears, from exploding rockets (ferret rounds containing CS gas) and tank-tread squeals to the shrieks of terrified children. The idea of trying to leave the building, he writes, “seemed insane; with tanks smashing through your walls and rockets smashing through the windows, our very human reaction was not to walk out but to find a safe corner and pray.” He and his fellow Davidians found the FBI’s reassurances, delivered over loudspeakers, of “This is not an assault!” confusing, conjoined as they were with tanks smashing down walls and gas being sprayed all over the building.
No Compulsion to Stay - Thibobeau insists that Davidian leader David Koresh had no intentions of ending the siege with a mass suicide; Koresh allowed those who wanted to leave the compound, even during the siege itself. “But many of us stayed, too, not because we had to, but because we wanted to,” Thibodeau explains. “The FBI and [B]ATF (see 5:00 A.M. - 9:30 A.M. February 28, 1993) had been confrontational from the start, they had lied to us and they continued lying up through the siege.”
FBI, Not Davidians, Set Fires? - He accuses the BATF of “fabricating” the charges that led that agency to raid the compound in February, writing that false allegations of drug use prompted the raid (the raid was actually prompted by charges of illegal firearms possession and child abuse—see November 1992 - January 1993 and May 26, 1993). He notes that a CIA agent has alleged that Delta Force commandos took part in the siege (see August 28, 1999), and says that FBI audiotapes prove federal agents, not the Davidians, caused the fire that destroyed the compound, largely through the use of incendiary devices (see Late September - October 1993, August 4, 1995, and August 25, 1999 and After). Thibodeau says that other videotapes show FBI agents firing into the compound during the final assault, and BATF agents firing into the compound from helicopters during the February raid. He writes: “The FBI has not come close to revealing the full government complicity in the Waco massacre. In the years since the fire, I’ve tried desperately to find out what really happened. What I’ve discovered is disturbing.” Thibodeau finds the allegations of child abuse particularly disturbing. He says while children were spanked for disciplinary purposes, “the strict rule was they could never be paddled in anger,” and “wild allegations” that children were scheduled to be sacrificed on Yom Kippur came from a single disgruntled former resident, Marc Breault, and were not true.
Intentions to Peacefully End Siege - Thibodeau writes that Koresh intended to settle the siege peacefully, by allowing himself to be taken into custody. He intended to stay long enough to finish his treatise on the “Seven Seals” of Biblical prophecy (see April 14-15, 1993). “The FBI thought the Seven Seals issue was just a ploy, and dismissed it,” Thibodeau writes. “But it was legitimate, and in the ashes of Mount Carmel they found that Koresh had completed the first two commentaries and was hard at work on the third when the tanks rolled in.”
'No Affinity with the Right' - Thibodeau writes of the heavy irony in the fact that many right-wing separatists and supremacists such as Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) have embraced the Davidians as part of their movement. “[W]e had no affinity with the right,” he notes, and says, “One irony of the Waco disaster is that right-wing extremists and racists look to Mount Carmel as a beacon; if they realized that so many of us were black, Asian, and Latino, and that we despised their hateful politics and anger, they would probably feel bitterly betrayed.” While not all of the Davidians “leaned to the left,” he writes, “we also had a ‘live and let live’ attitude that had allowed the community to co-exist with its Texas neighbors for all those decades. We certainly weren’t as isolated as people seem to think.” [Salon, 9/9/1999]

Entity Tags: US Special Forces, David Thibodeau, David Koresh, Branch Davidians, Marc Breault, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Tennessee and North Carolina white separatist and “common law” ideologue Peter Stern is charged with conspiring to defraud tax authorities with fake checks from the Montana Freemen (see 1993-1994). Stern, who owes more than $96,000 in back taxes, is one of hundreds of “common law” proponents facing similar charges around the nation. Stern’s first attorney, Gerald Aurillo, forces a mistrial in the first court proceeding when he breaks down into a hysterical sobbing fit in the courtroom; Stern fires Aurillo and represents himself. A jury in Asheville, North Carolina, convicts Stern after only three hours of deliberations of fraud and attempting to pay off debts and back taxes with “Freemen” checks. Stern is also convicted of conspiracy, obstructing the Internal Revenue Service, and threatening to kidnap two federal judges, after he threatened the judges with letters informing them they would be “arrested” by “marshals” of his Franklin, Tennessee-based common-law “court” if they didn’t free another activist who was in prison. Stern faces 40 years or more in sentencing. Stern’s defense is that he thought the Freemen checks were legitimate financial instruments and that he had no intent to defraud anyone. Well-known attorney John Zwerling will handle Stern’s appeal, saying that he believes Stern was found “guilty by association” because of his connection with the Freemen. [Deseret News, 7/21/2000; Southern Poverty Law Center, 6/2001; Franklin Press, 7/11/2001]

Entity Tags: Peter Stern, Gerald Aurillo, John Zwerling

Timeline Tags: US Domestic Terrorism

US Postal Inspection Service logo.US Postal Inspection Service logo. [Source: Center for Regulatory Effectiveness]Special counsel John Danforth, heading the government’s probe into the 1993 Branch Davidian tragedy (see April 19, 1993 and September 7-8, 1999), names a group of US postal inspectors to investigate claims that the FBI tried to cover up its use of incendiary devices during the final assault on the Davidian compound. Preferring not to use FBI agents to investigate allegations against the bureau, Danforth said from the outset that he would use investigators from outside the Justice Department. “My basic thought is, the FBI should not be investigating the FBI,” Danforth said. Reporters laughed when someone suggested—facetiously—that US Postal Service “cops” could conduct the investigation. Now Danforth is bringing aboard some 80 postal inspectors to look into the allegations. The use of postal inspectors may indicate Justice Department officials could be targeted by the probe. Postal Inspection Service spokesman Robert Bethel acknowledges the choice of postal inspectors may seem odd to Americans unfamiliar with the agency. “A lot of people don’t know what a postal inspector is,” he says. “If they hear of postal inspectors, they think, is that someone who inspects post offices?” Postal inspectors have been investigating federal crimes involving the mails since 1772, and often investigate crimes such as extortion, child pornography, and on occasion murder, if they involve Postal Service employees. “We’ve always been called the ‘silent service,’ because we go about our business and don’t seek publicity,” Bethel says. The specific inspectors have not yet been chosen. In 1996, postal inspectors helped FBI investigators look into the events of the 1992 Ruby Ridge standoff (see August 31, 1992) and found evidence that an FBI official had obstructed justice. [All Points Broadcasting News, 10/2/1999]

Entity Tags: US Department of Justice, Branch Davidians, Robert Bethel, Federal Bureau of Investigation, John C. Danforth, US Postal Inspection Service

Timeline Tags: 1993 Branch Davidian Crisis

The FBI releases its report on what it calls “Project Megiddo,” an examination of what it calls “the potential for extremist criminal activity in the United States by individuals or domestic groups who attach special significance to the year 2000.” The report is released to law enforcement agencies throughout the country, but not to the public. A statement accompanying the report reads in part: “The threat posed by extremists as a result of perceived events associated with the year 2000 (Y2K) is very real. The volatile mix of apocalyptic religious and [New World Order] conspiracy theories (see February 4, 1999) may produce violent acts aimed at precipitating the end of the world as prophesied in the Bible.” The report is based on nine months of intelligence and data collection by the domestic terrorism unit of the FBI. Soon after its release, the Center for Studies on New Religions (CESNUR) will obtain a copy and release it on the Internet. The report’s executive summary notes that “Megiddo,” a hill in northern Israel, is the site of a number of Biblical-era battles, and the Hebrew word “armageddon” derives from a Hebrew phrase meaning “hill of Megiddo.” The Bible’s depiction of “Armageddon” is, the report states, “the assembly point in the apocalyptic setting of God’s final and conclusive battle against evil. The name ‘Megiddo’ is an apt title for a project that analyzes those who believe the year 2000 will usher in the end of the world and who are willing to perpetrate acts of violence to bring that end about.” While much of the media-fueled debate about the upcoming “end of the millennium” focuses on technological issues, such as the anticipated widespread disabling of computer networks and the like, the FBI report focuses more specifically on the religious connotations of the time as viewed by far-right “Christian Identity” (see 1960s and After) and related white supremacist, separatist, and militia organizations. The report, the summary states, “is intended to analyze the potential for extremist criminal activity in the United States by individuals or domestic extremist groups who profess an apocalyptic view of the millennium or attach special significance to the year 2000.” It is difficult to say what groups may pose a threat as 1999 comes to a close, the report states, as it is difficult to anticipate which groups will follow through on their rhetoric and which will not. Moreover, the report notes, many domestic extremist groups are not traditionally structured in a hierarchical fashion; the possibility of “lone wolf” strikes by individuals operating outside a militia or extremist group may in some cases outweigh the likelihood of violent assaults carried out by such groups. The report notes that the worst domestic terrorist event in US history, the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), was carried out by two “lone wolves,” Timothy McVeigh and Terry Nichols. The report finds few indications of what it calls “specific threats to domestic security,” but focuses more on suspicious activities by a variety of militia groups who are arming themselves, stockpiling food, raising money through illegal means, and other actions which may serve as a warning of future violence. Problems caused by “Y2K glitches” such as power outages and computer failures may be interpreted by some extremist groups as the first actions of a government assault on the citizenry, the FBI warns, and may precipitate violent responses. [Ontario Consultants on Religious Tolerance, 10/1999; Federal Bureau of Investigation, 10/20/1999; Washington Post, 10/31/1999] The right-wing news blog WorldNetDaily will accuse the FBI of issuing the report to “set up” militia groups as patsies for the government’s own terrorist activities (see December 9, 1999).

Entity Tags: Timothy James McVeigh, Federal Bureau of Investigation, Center for Studies on New Religions, Terry Lynn Nichols, WorldNetDaily

Timeline Tags: US Domestic Terrorism

Around 10,000 people attend the “Center for Preparedness Expo” in Denver to prepare for the imminent “Y2K” collapse of society warned of by many white separatists and “Patriot” movement members (see October 20, 1999 and February 4, 1999). The expo has traveled the country, including a stop in Philadelphia in June. Promoter Dan Chittock says the show offers “practical information for the uncertain times we live in,” but Mark Potok of the Southern Poverty Law Center says the expo features what he calls “a queer mix of people interested in organic farming and political extremism.” Visitors can buy anything from radiation detectors, tents, and survival rations to guides on avoiding income taxes and making their own license plates to avoid paying licensing fees for their vehicles. Lectures are offered with such titles as “Trapping Techniques for Self-Reliance and Survival,” “Don’t Get Caught With Your Pantry Down,” and “Save Your Life, Be Your Own Doctor.” Three seminars are about life under martial law. Previous expos have featured speakers such as militia leader Bo Gritz, who has spoken about coming plagues, imminent food shortages, and how President Clinton has sold out America. Stephen O’Leary, a University of Southern California professor who studies beliefs about the millennium, says that the expos have become recruitment centers for anti-government, survivalist militia groups who often hold racist and anti-Semitic views. “It’s not just about preparing for an emergency or disaster,” he says. “What they’re selling is a whole world view—a program for the apocalypse.” Potok, who has attended previous expos, says “it’s not unusual to see booths for the John Birch Society (see March 10, 1961 and December 2011) and the Montana Militia next to a granola salesman.” The radical right, Potok says, is using fears of the upcoming millennium—“Y2K”—to fuel hysteria about what they say is the imminent declaration of martial law by the federal government and the eradication of constitutional liberties. Chittock calls such concerns “nonsense.” Barry Morrison of the Anti-Defamation League says of the expos: “What we’re concerned about is that some people take the position that the government is not to be trusted. Some of these exhibitors… portray people like Jews in an unfavorable light and as having undue control over their lives.” Morrison says anti-Semitic tracts espousing “Christian Identity” ideology (see 1960s and After) have appeared at previous expos. He also says Gritz’s Liberty Lobby is “the most influential anti-Semitic propaganda organization in America today.” He adds: “I’m not saying everyone [at the expos] is an extremist or subscribes to those views, but this is a vehicle that attracts that element. It’s part of the mix.” [Philadelphia Inquirer, 6/11/1999; Southern Poverty Law Center, 6/2001]

Entity Tags: Stephen O’Leary, Montana Militia, Dan Chittock, John Birch Society, Barry Morrison, Mark Potok, James (“Bo”) Gritz

Timeline Tags: US Domestic Terrorism

Kevin Ray Patterson and Charles Dennis Kiles, both members of California’s San Joaquin Militia, are charged for plotting to blow up two 12 million gallon propane tanks in Elk Grove, California, along with a television tower and an electrical substation, in hopes of setting off a large-scale insurrection. The tanks are a few hundred yards from heavily traveled state Highway 99 and a half-mile from a subdivision. The FBI has dubbed the case the “Twin Sisters” trial, after the two’s nickname for the propane tanks. A threat assessment report by the Lawrence Livermore Laboratory estimates that, if successful, the explosion would have killed up to 12,000 people, set off widespread fires, and badly injured people within a five-mile radius of the explosion. Patterson has said he intended to use a fertilizer bomb similar to that used to destroy a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). A search of Patterson’s and Kiles’s homes reveals guns, ammunition, bomb chemicals, and methamphetamine ingredients. The San Joaquin Militia has been under observation by the Sacramento Joint Terrorism Task Force since 1996. The perpetrators called the propane tanks a “target of opportunity” that are susceptible to sabotage and, if destroyed, would cause a major disturbance and cause the government to declare martial law. The “Twin Sisters” plot is part of a larger conspiracy by militia groups to undermine and destabilize the federal government. Militia leader Donald Rudolph, also involved in the plot, will plead guilty to plotting to kill a judge, and will cooperate with the FBI in the investigation. Kiles’s son Jason Kiles tells a reporter: “My father ain’t no terrorist. I don’t care what they say.” Patterson and Kiles will receive 21-year prison terms for the threatened use of a weapon of mass destruction. Rudolph receives a five-year term. [Associated Press, 12/7/1999; Southern Poverty Law Center, 6/2001; Federal Bureau of Investigation, 2009; FBI Sacramento Division, 2011]

Entity Tags: Jason Kiles, Charles Dennis Kiles, Federal Bureau of Investigation, San Joaquin Militia, Donald Rudolph, Kevin Ray Patterson

Timeline Tags: US Domestic Terrorism

Joseph Farah, the publisher of the right-wing news blog WorldNetDaily, blasts the FBI for issuing its “Project Megiddo” report, which warns of possible domestic terror activities centering on the transition into the “new millennium” at year’s end (see October 20, 1999). Farah calls the report “more than slanderous, bigoted, and inciteful,” and accuses the FBI of “set[ting] up a system of self-fulfilling prophecies that permits the government to scapegoat groups of people who are enticed into committing illegal acts or conspiring about them by agents provocateur.” Farah claims that his assertions are proven by his belief that the federal government carried out the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) to discredit the far right. “Remember this the next time you hear about a so-called ‘terrorist incident,’” Farah concludes. “And, tell your representatives and senators it’s time to rein in the mad bombers and provocateurs in our own government.” [WorldNetDaily, 12/9/1999]

Entity Tags: Joseph Farah, WorldNetDaily, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

Richard Butler, the leader of the white supremacist organization Aryan Nations (see Early 1970s), is quoted in the Spokane Statesman-Review as saying: “The white man is now on trial. Hate laws are against him. No hate laws can be applied to a nonwhite. That makes the white man a third-class citizen, in my mind.” [Southern Poverty Law Center, 2010]

Entity Tags: Richard Girnt Butler, Aryan Nations

Timeline Tags: US Domestic Terrorism

Memos withheld from Congressional investigators (see August 4, 1995) by the FBI show that the FBI was riven by dissension during the Branch Davidian siege, which culminated in a fiery conflagration that killed scores of sect members (see April 19, 1993). The memos are released by the Dallas Morning News. Many senior FBI officials were pressing to use tear gas to bring the siege to a close, some as early as three weeks after its start. According to a March 23, 1993 memo (see March 23, 1993) written by then-Deputy Assistant Director Danny Coulson, the FBI’s top expert on tactics, the Hostage Rescue Team leader, Richard Rogers, was pressuring FBI officials to terminate the siege by using gas as part of an assault. Coulson disagreed with Rogers’s recommendations. Coulson is the former agent who recently revealed that the FBI had used pyrotechnic grenades during the final assault (see August 25, 1999 and After). Some House members are angry about the withheld memo, and note that they have consistently been denied documents even after subpoenas were issued. “We’ve had a subpoena out there for all relevant documents—all documents—since September 7, 1999,” says Mark Corallo, the spokesman for the House Government Reform Committee. “Is the Department of Justice withholding only embarrassing documents from us? It makes you wonder.” Other FBI documents released by the Dallas Morning News show that Attorney General Janet Reno gave her approval to use tear gas on the compound (see April 17-18, 1993). [Dallas Morning News, 2/28/2000]

Entity Tags: Federal Bureau of Investigation, Branch Davidians, Dallas Morning News, FBI Hostage Rescue Team, Mark Corallo, Richard Rogers, Janet Reno, Danny Coulson

Timeline Tags: 1993 Branch Davidian Crisis

Sam Wyly.Sam Wyly. [Source: Forbes]A group called “Republicans for Clean Air” begins running ads attacking Republican presidential candidate John McCain in New York. The ads accuse McCain of voting against alternative energy sources. At the same time, ads paid for by the campaign of Republican presidential candidate George W. Bush accuse McCain of labeling breast cancer programs as wasteful. Governor George Pataki (R-NY) accuses McCain of voting “anti-New York” in the Senate, while Representative John Sweeney (R-NY) says McCain was wrong to vote for raising heating oil taxes, a major issue in cold-weather states such as New York. [Salon, 3/2/2000] The group also runs ads in primary states claiming that Bush, as Texas governor, passed laws intended to reduce air pollution in Texas by over a quarter-million tons a year. The evidence does not support the claim; what few anti-pollution laws have taken effect in Texas were written mostly by Democratic state legislators and signed into law, often reluctantly, by Bush.
RFCA Consists of Two Texas Billionaires - An investigation by the New York Times soon proves that “Republicans for Clean Air” (RFCA) is funded by Dallas billionaire Sam Wyly, a Bush supporter, who has contributed $2.5 million to the group. Wyly and his brother Charles Wyly, also a RFCA contributor, are the co-founders of Sterling Software in Dallas. They are also owners, founders, or executives in firms that own Bonanza Steakhouse, the “Michael’s” chain of arts and craft stores, the hedge fund Maverick Capital, and more. Both are heavy Bush campaign donors, having donated over $210,000 to the Bush gubernatorial campaigns. They are apparently the only two members of the RFCA. Craig McDonald of Texans for Public Justice says of Sam Wyly: “He’s one of the elite. He’s one of the movers and shakers. He’s very big money in the state.” McCain’s campaign accuses the Bush campaign of being responsible for the advertising, and says the Bush campaign is trying to evade campaign finance laws (see February 7, 1972 and May 11, 1992). The McCain campaign complains that the Bush campaign is using unethical and possibly illegal campaign tactics to “steal” the primary election by saturating New York, California, and Ohio with anti-McCain ads just days before the primary elections in those critical states. “There is no question in our campaign’s mind that the ads are being sponsored, coordinated, and managed by the George Bush for President campaign,” says McCain’s campaign manager Rick Davis. “I think it’s incumbent on the Bush campaign to prove somehow that they are not involved in this incredible act.” Davis has no direct evidence for his claim, but cites what the Times calls “a tangle of personal, business, and political relationships between Mr. Wyly and his family and the Bush campaign to suggest that their interests were so close as to be indistinguishable.” One of those relationships cited by Davis is the fact that RFCA uses the same public relations firm, Multi Media Services Corporation, as Pataki, who chairs the Bush campaign in New York and who appears in Bush campaign ads. Bush himself denies any connection with RFCA, and says: “There is no coordination.… I had no idea the ad was going to run.” Wyly also disclaims any coordination with the Bush campaign. He says he laughed during the production of the commercials, and mused over how “surprised” the Bush campaign would be to see them on the airwaves. McCain uses the ads to draw attention to one of his favorite campaign themes, campaign finance reform. On a recent morning talk show, McCain said: “I think maybe the Bush campaign is out of money and somebody’s putting in $2 million to try to hijack the campaign here in New York. Nobody knows where it came from. [When McCain filmed the interview, Wyly’s identity had not been revealed.] We’ll probably find out, but probably too late. This is why campaign finance reform is so important.” [New York Times, 3/3/2000; New York Times, 3/4/2000; New York Times, 3/5/2000; San Jose Mercury News, 3/6/2000; Scott E. Thomas and Danny Lee McDonald, 4/2002; New York Times, 8/23/2010] The press soon learns that Charles Wyly is an official member of the Bush presidential campaign, as a “Pioneer” donor, and has contributed the maximum amount under the law. [New York Times, 3/4/2000] It also learns that RFCA’s stated address is a post office box in Virginia belonging to Lydia Meuret, a consultant who runs a political action committee headed by Representative Henry Bonilla (R-TX), a Bush ally. Meuret denies any connection between RFCA and Bonilla or Bonilla’s PAC, but admits she is a consultant to both. [New York Times, 3/3/2000]
'527' Group Operates in Campaign Finance Law 'Gray Areas' - RFCA is a “527” group (see 2000 - 2005); such groups operate in a “gray area” of campaign law, as the monies they use are not contributed directly to a candidate or a political party. However, they are banned from coordinating their efforts with candidate campaigns. Their ads must not make direct appeals to voters in support of, or opposition to, a particular candidate. If they comply with this portion of the law, the donors behind the ads, and the amounts they contribute, do not have to be identified. The law does not even require the groups to declare their existence, as was the case for a time with RFCA. The Times reports, “While some of the groups behind issue advertising are vague about their membership, Mr. Wyly’s effort was a rare instance in which commercials were aired without any hint of their origin.” Fred Wertheimer of Democracy 21, a group advocating campaign finance reform, says of so-called “issue” ads such as these: “The secrecy aspects of this are taking campaign finance problems to yet another new and dangerous level. What we’re seeing here is the use of unlimited, undisclosed money to influence a federal election, and that’s totally at odds with the whole notion of campaign finance disclosure.” [New York Times, 3/3/2000; San Jose Mercury News, 3/6/2000; New York Times, 3/29/2000; New York Times, 8/23/2010] Progressive columnist Molly Ivins calls the RFCA ads examples of “sham issue” advertisements. [San Jose Mercury News, 3/6/2000]
Bush Claims RFCA Ads Not Helpful - After Bush secures the nomination over McCain, he tells a reporter, “I don’t think these [Republicans for Clean Air] ads are particularly helpful to me.” But Slate reporter Chris Suellentrop writes: “Of course they were helpful. Otherwise Bush would have called the group and told them to call off the dogs.” [Slate, 8/25/2000]
Wyly Brothers Will Fund 2004 'Swift Boat' Campaign, Later Charged with Securities Fraud, Insider Trading - A month after the ads air, Sam Wyly says he will no longer involve himself in politics. Wyly, who says he is a staunch environmentalist, says he admires Bush’s Democratic challenger, Vice President Al Gore (whom Wyly has called a regulation-happy environmentalist, and whom Wyly has considered attacking with television ads). Of his foray into the presidential campaign, Wyly says: “I learned from it. Many of you are aware of my recent foray into presidential politics. It is to be my last.” In 2004, the Wyly brothers will be two of the primary donors behind the “Swift Boat” campaign that will slander and impugn the character and military service of presidential candidate John Kerry (D-MA). In 2010, the Wyly brothers will be charged with securities fraud and insider trading that netted them at least $581 million in illegal gains, according to the Securities and Exchange Commission. [New York Times, 4/5/2000; New York Times, 8/23/2010]

Entity Tags: George W. Bush presidential campaign 2000, Charles Wyly, Sam Wyly, George E. Pataki, Fred Wertheimer, George W. Bush, Chris Suellentrop, Rick Davis, Albert Arnold (“Al”) Gore, Jr., New York Times, John McCain, John Kerry, John E. Sweeney, John McCain presidential campaign 2000, Henry Bonilla, Lydia Meuret, Molly Ivins, Republicans for Clean Air

Timeline Tags: 2000 Elections, Civil Liberties

An image from the ‘60 Minutes’ broadcast of its interview with Timothy McVeigh.An image from the ‘60 Minutes’ broadcast of its interview with Timothy McVeigh. [Source: CBS News]CBS News airs a February 22, 2000 interview with convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997), awaiting execution in an Indiana federal prison (see July 13, 1999). McVeigh was interviewed by CBS reporter Ed Bradley for a 60 Minutes segment. McVeigh set only one condition for the interview: that Bradley not ask him whether he bombed the Murrah Federal Building. CBS does not air the entire interview, but runs selected excerpts interspersed with comments from others, including family members of the bombing victims. McVeigh spoke about his political ideology, his service in the Gulf War (see January - March 1991 and After), and what he considers to be his unfair criminal trial (see August 14-27, 1997). He expressed no remorse over the dead of Oklahoma City, and blamed the US government for teaching, through what he says is its aggressive foreign policy and application of the death penalty, the lesson that “violence is an acceptable option.” McVeigh described himself as returning from the Gulf War angry and bitter, saying: “I went over there hyped up, just like everyone else. What I experienced, though, was an entirely different ballgame. And being face-to-face close with these people in personal contact, you realize they’re just people like you.” Jim Denny, who had two children injured in the bombing, said he did not understand McVeigh’s Gulf War comparison: “We went over there to save a country and save innocent lives. When he compared that to what happened in Oklahoma City, I didn’t see the comparison. He came across as ‘the government uses force, so it’s OK for its citizens to use force.’ We don’t believe in using force.” McVeigh told Bradley that he “thought it was terrible that there were children in the building,” which provoked an angry reaction from Jannie Coverdale, who lost two grandchildren in the blast. “Timothy McVeigh is full of it,” she said. “He said it was terrible about the children. He had been to the Day Care Center. He had talked to the director of the Day Care Center. He knew those children were there.” McVeigh explained that the use of violence against the government could be justified by the fact that the government itself uses violence to carry out its aims. “If government is the teacher, violence would be an acceptable option,” he said. “What did we do to Sudan? What did we do to Afghanistan? Belgrade? What are we doing with the death penalty? It appears they use violence as an option all the time.” He said that the ubiquitous pictures of himself in an orange jumpsuit, leg irons, and handcuffs that made the rounds of the media two days after his arrest (see April 21, 1995) were “the beginning of a propaganda campaign.” Jurors, however, denied that pretrial publicity influenced their judgment. Juror John Candelaria told Bradley, “He’s the Oklahoma City bomber, and there is no doubt about it in my mind.” McVeigh refused to express any regrets or a wish that his life could have gone in a different direction, telling Bradley: “I think anybody in life says, ‘I wish I could have gone back and done this differently, done that differently.’ There are moments, but not one that stands out.” He admitted to forging something of a friendship with one of his former cellblock colleagues in the Colorado supermax prison he formerly occupied, Theodore “Ted” Kaczynski, the Unabomber. McVeigh said that while Kaczynski is “far left” while he is “far right” politically, “I found that, in a way that I didn’t realize, that we were much alike in that all we ever wanted or all we wanted out of life was the freedom to live our own lives however we chose to.” [Douglas O. Linder, 2001; CBS News, 5/11/2001; Douglas O. Linder, 2006; CBS News, 4/20/2009]

Entity Tags: Ed Bradley, CBS News, Theodore J. (“Ted”) Kaczynski, Jim Denny, Timothy James McVeigh, John Candelaria, Jannie Coverdale

Timeline Tags: US Domestic Terrorism

William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), asks on the Alliance’s weekly radio broadcast American Dissident Voices (ADV), “Why should I not be able to do what is right and natural and kill those who commit such an abomination?” Pierce is referring to white women who date African-American men (see 1988 and November 26, 2004). In the same broadcast, he says: “We should be going from door to door with a list of names and slaying those who have engineered this assault on our people.… And we know who the engineers are.… They are, first and foremost, the media bosses and the other leaders of the Jews.” [Center for New Community, 8/2002 pdf file]

Entity Tags: William Luther Pierce, National Alliance

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Workers put the finishing touches on the Oklahoma City National Memorial. The time of the bombing, ‘9:01,’ is inscribed on the side of the memorial.Workers put the finishing touches on the Oklahoma City National Memorial. The time of the bombing, ‘9:01,’ is inscribed on the side of the memorial. [Source: Associated Press]On the fifth anniversary of the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), dedication ceremonies are held at the Oklahoma City National Memorial, built on the site of the bombed-out Murrah Federal Building. The memorial is on three acres of land, and contains a reflecting pool and 168 chairs—149 larger chairs representing the adults killed in the blast and 19 for the children who died in the bombing. [Douglas O. Linder, 2001; Indianapolis Star, 2003]

Entity Tags: Oklahoma City National Memorial, Murrah Federal Building

Timeline Tags: US Domestic Terrorism

The Senate approves bipartisan legislation, the so-called “Stealth PAC” bill, that requires secretive tax-exempt organizations that raise and spend money on political activities to reveal their donors and expenditures. The so-called “527” organizations have flourished because until now, Section 527 of the Internal Revenue Code has protected both their nonprofit status and their right to keep their donors and funding information secret (see 2000 - 2005). President Clinton will sign the bill into law. It is the first major legislative change in American campaign finance law in two decades (see January 8, 1980). Under the new law, Section 527 organizations raising over $25,000 a year must comply with federal campaign law, file tax returns, disclose the identities of anyone contributing over $200, and report expenditures in excess of $500. That information will be reported to the IRS every three months during an election year, and the information will be posted on the Internet. The bill takes effect as soon as Clinton signs it into law.
Passed Despite Republican Opposition - The House passed the bill on a 385-39 vote; only six Senate Republicans vote against the bill. Senate and House Republican leaders have blocked the bill for months. Clinton says, “Passage of this bill proves that public interest can triumph over special interests,” and urges Congress to pass a more comprehensive overhaul of campaign finance law. Senator Russ Feingold (D-WI) says, “I’m not pretending we don’t have other loopholes to close, but those groups that have found this an easy, painless way to go on the attack are now going to have to scramble to figure out different ways.” Some ways that groups will avoid the requirements of the new law are to reorganize themselves as for-profit organizations—thus losing their tax exemptions—or trying to reorganize as other types of nonprofits. Many expect donors to rush big contributions to these 527 groups before the new law takes effect. Mike Castle (R-DE), a House Republican who supports the bill, says, “I am sure that the phones are ringing over on K Street right now about how to get money into the 527s before they are eliminated.” Senator Mitch McConnell (R-KY), who helped Senate Republicans block the bill and who voted no on its passage, now calls it a “relatively benign bill,” downplaying his stiff opposition to the bill and to campaign finance regulation in general. McConnell advised Republicans up for re-election in November 2000 to vote yes for the bill “to insulate them against absurd charges that they are in favor of secret campaign contributions or Chinese money or Mafia money.” McConnell explains that he voted against the bill because it infringes on freedom of speech (see December 15, 1986). Governor George W. Bush (R-TX), the GOP’s presidential candidate, issues a statement supporting the bill: “As I have previously stated, I believe these third-party groups should have to disclose who is funding their ads. As the only candidate to fully disclose contributors on a daily basis, I have always been a strong believer in sunshine and full disclosure.” Bush defeated Republican challenger John McCain (R-AZ) in part because of the efforts of Republicans for Clean Air, a 527 group headed by Bush financier Sam Wyly and which spent $2.5 million attacking McCain’s environmental record (see March 2000 and After). McCain helped push the current bill through the Senate, and says: “This bill will not solve what is wrong with our campaign finance system. But it will give the public information regarding one especially pernicious weapon used in modern campaigns.”
527s Used by Both Parties - Both Democrats and Republicans have created and used 527 groups, which are free from federal oversight as long as they do not advocate for or against a specific candidate. The organizations use donations for polling, advertising, telephone banks, and direct-mail appeals, but are not subject to federal filing or reporting rules as long as they do not advocate the election or defeat of a specific candidate. Some groups, such as the Republican Majority Issues Committee, a 527 organization aligned with House Majority Leader Tom DeLay (R-TX), intend to continue functioning as usual even after the bill is signed into law, while they examine their legal options. The committee head, Karl Gallant, says his organization will “continue on our core mission to give conservative voters a voice in the upcoming elections.” The Republican Majority Issues Committee is considered DeLay’s personal PAC, or political action committee; it is expected to funnel as much as $25 million into closely contested races between now and Election Day. Gallant says the organization will comply with the new law, but complains, “We are deeply concerned that Congress has placed the regulation of free speech in the hands of the tax collectors.” He then says: “We’re not going anywhere. You will have RMIC to amuse and delight you throughout the election cycle.” The Sierra Club’s own 527 organization, the Environmental Voter Education Campaign, says it will also comply “eagerly” with the new law, and will spend some $8 million supporting candidates who match the Sierra Club’s pro-environmental stance. “We will eagerly comply with the new law as soon as it takes effect,” says the Sierra Club’s Dan Weiss. “But it’s important to note that while we strongly support the passage of this reform, 527 money is just the tip of the soft-money iceberg. Real reform would mean banning all soft-money contributions to political parties.” Another 527 group affected by the new law is Citizens for Better Medicare, which has already spent $30 million supporting Republican candidates who oppose a government-run prescription drug benefit. Spokesman Dan Zielinski says the group may change or abandon its 527 status in light of the new law. “The coalition is not going away,” he says. “We will comply with whatever legal requirements are necessary. We’ll do whatever the lawyers say we have to do.” A much smaller 527, the Peace Voter Fund, a remnant of the peace movement of the 1970s and 80s, says it intends to engage in voter education and issue advocacy in about a dozen Congressional races. Executive director Van Gosse says the group will follow the new law and continue as before: “Disclosure of donors is not a major issue for us. So we’ll just say to donors in the future that they will be subject to federal disclosure requirements. It’s no biggie.” [New York Times, 6/30/2000; OMB Watch, 4/1/2002; Huffington Post, 9/28/2010]

Entity Tags: Karl Gallant, John McCain, Environmental Voter Education Campaign, Dan Zielinski, Dan Weiss, Citizens for Better Medicare, Van Gosse, US Senate, William Jefferson (“Bill”) Clinton, George W. Bush, Republican Majority Issues Committee, Republicans for Clean Air, Peace Voter Fund, Mike Castle, Mitch McConnell, Tom DeLay, Sierra Club, Sam Wyly, Russell D. Feingold

Timeline Tags: Civil Liberties

A Florida jury unanimously finds in favor of Jane Akre, a plaintiff suing Fox Television for wrongful termination. Akre and her husband, Steve Wilson, had begun filming a news story for the Tampa, Florida, Fox affiliate on the harmful effects of BGH, or bovine growth hormone. Akre and Wilson were fired when they refused orders from Fox officials to add false information favorable to Monsanto, the manufacturers of BGH, to their story (see December 1996 - December 1997). (The jury rules that Wilson was not harmed by Fox’s actions.) The jury rules that Akre warrants protection under Florida’s whistleblower law, and awards her a $425,000 settlement. Instead of paying the judgment, Fox Television appeals the decision (see February 14, 2003). [St. Louis Journalism Review, 12/1/2007]

Entity Tags: Steve Wilson, Fox Broadcasting Company, Jane Akre

Timeline Tags: Domestic Propaganda

John Prescott Ellis.John Prescott Ellis. [Source: Bush-Clinton Fraud (.com)]Fox News chairman Roger Ailes (see October 7, 1996), a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), chooses an unlikely reporter to anchor Fox’s election night coverage: John Prescott Ellis, a freelance Republican political adviser and the first cousin of George W. Bush (R-TX), the Republican presidential candidate. (Ellis is the son of George Herbert Walker Bush’s sister, Nancy Ellis.) Ellis was originally hired to cover the party primaries. A later study of voting patterns by the University of California will determine that in areas where voters have access to Fox News, the network’s relentless pro-Bush coverage shifts some 200,000 votes from Democrat Al Gore (D-TN) to Bush, but Ailes wants to make sure his network’s coverage is favorable to Bush, and has always had Ellis in mind for the election night anchor position, for which he specifically gives Ellis a 30-day contract. Ellis is very close to Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida (“Jeb” is an acronym for his full name, John Ellis Bush). Ellis recused himself from campaign coverage in a June 1999 Boston Globe column, defending George W. Bush from allegations of cocaine use, calling the Clinton-Gore administration “morally berserk,” and telling his readers, “There is no way for you to know if I am telling you the truth about George W. Bush’s presidential campaign, because in his case, my loyalty goes to him and not to you.” Instead of this posing an ethical dilemma or being seen as a conflict of interest at Fox, Ellis is Ailes’s first and only choice to anchor the network’s election coverage. (Ailes will later tell a February 2001 House committee hearing, “We at Fox News do not discriminate against people because of their family connections”—see February 14, 2001.) [Washington Post, 11/14/2000; Salon, 11/15/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; Nation, 11/6/2006; New York Magazine, 5/22/2011] Ellis will pre-emptively call the election for Bush, sparking the Florida recount controversy and helping propel his cousin into the White House (see November 7-8, 2000). In a response to testimony in the same February 2001 House committee hearing, Joan Konner, a journalism professor who will lead a CNN-commissioned independent study of the problems in that network’s election night coverage, will call Ellis’s hiring a substantial breach of journalistic ethics and standards. “If John Ellis had, indeed, made comments stating that his loyalties to the Bush family superceded any commitment he has to his profession or his employer, then I would judge that to be not only a perceived conflict-of-interest but a real conflict-of-interest for a journalist,” she will write in a letter to Representative John Dingell (D-MI). “While that does not disqualify an individual from any position as a journalist, it would, in my judgement, disqualify that person for any decision-making role involving reporting on his relatives during an election. Often friends and relatives are hired by journalism organizations because of their connections to the newsmakers. Their access to sources makes them valuable to the organization. However, the news organization should take every precaution against placing such an individual in an assignment that could result in bias in reporting.” [House of Representatives, Committee on Energy and Commerce, 2/14/2001]

Entity Tags: John Ellis (“Jeb”) Bush, Fox News, Boston Globe, Albert Arnold (“Al”) Gore, Jr., George W. Bush, John Dingell, Roger Ailes, Nancy Ellis, Joan Konner, John Prescott Ellis

Timeline Tags: 2000 Elections, Domestic Propaganda

Fox News chief Roger Ailes has hired John Prescott Ellis, a freelance Republican political advisor and an intensely loyal cousin of presidential candidate George W. Bush (R-TX), to head the network’s election-night coverage for the 2000 presidential election (see October-November 2000). During the election, Ellis is in constant contact with Bush and his senior campaign aides, speaking with Bush himself five separate times during the evening.
Calling Florida for Gore - At 7:52 p.m., Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida, calls Ellis to protest when Fox “mistakenly” projects Florida as going to Al Gore (D-TN). Ellis tells Jeb Bush that he is looking at a computer “screenful of Gore.” Bush reminds Ellis, “But the polls haven’t closed in the panhandle.” Ellis replies, “It’s not going to help.” Voter News Service (VNS), the voting consortium the networks all use, rates the race a 99.5 percent certainty that Gore has won Florida, a conclusion that VNS and network officials alike later say was a mistake (see February 14, 2001). The prediction is indeed inaccurate; within minutes, Gore’s lead begins to shrink again. At 9:38 p.m., VNS issues a correction of an inaccurate vote count for Duval County, stripping Gore of a number of phantom votes, and the race is again far too close to call.
Calling Florida for Bush - At 2:10 a.m., Ellis sees data from VNS that shows Bush with a 51,433-vote lead, and 179,713 votes left to be counted. (The latter figure is grossly inaccurate, later data proves; over 350,000 votes actually remain to be counted.) Gore would need 63 percent of those votes to win, a scenario that is statistically unlikely. Ellis calls Jeb Bush to say that it is “statistically impossible” for Bush to lose. Around 2:15 a.m., Ellis puts the telephone down and excitedly announces to his team: “Jebbie says we got it! Jebbie says we got it!” Even though Florida is still rated “too close to call” by VNS, Fox News vice president John Moody gives the go-ahead to project Bush the winner in Florida. Fox News anchor Brit Hume makes the call for Bush at 2:16 a.m. The other networks hurriedly, and inaccurately, follow suit. [Washington Post, 11/14/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; American Journalism Review, 1/2001; Nation, 11/6/2006; New York Magazine, 5/22/2011] Hume himself is a bit apprehensive of the call. “I must tell you, everybody, after all this, all night long, we put Bush at 271, Gore at 243,” he tells Fox viewers. “I feel a little bit apprehensive about the whole thing. I have no reason to doubt our decision desk, but there it is.” [Time, 11/15/2000]
Other Networks Follow Suit - As Hume is announcing Bush’s “victory” in Florida, NBC News election coverage chief Sheldon Gawiser is on the telephone with Murray Edelman, the editorial director for VNS. Gawiser is considering calling Florida for Bush, and wants to discuss calling the race for Bush while citing Edelman and VNS as the sources responsible for such a call. Edelman is shocked that Gawiser wants to make any call with Bush’s lead not only very small, but dwindling. But as the two are talking, Fox’s announcement comes over NBC’s monitors, and Gawiser breaks off the call, saying: “Sorry, gotta go. Fox just called it.” At 2:17 a.m., NBC projects Bush the winner in Florida and the next president of the United States. The joint decision team for CBS and CNN, Warren Mitofsky and Joe Lenski, make the same decision a minute later. After CBS declares Bush’s victory, anchor Dan Rather tells viewers: “Let’s give a tip of the Stetson to the loser, Vice President Al Gore, and at the same time, a big tip and a hip, hip, hurrah and a great big Texas howdy to the new president of the United States. Sip it, savor it, cup it, photostat it, underline it in red, press it in a book, put it in an album, hang it on the wall—George W. Bush is the next president of the United States.” The ABC decision team resists making the call, not trusting the data (it had similar reservations about the earlier call for Gore), but according to ABC election consultant John Blydenburgh, a network executive overrides the decision team and has ABC declare Bush the projected winner at 2:20 a.m. Blydenburgh says the executive does not want ABC to look “foolish” by being the only network not to recognize Bush as the next president. The Associated Press (AP) refuses to make the call, saying that its figures show Bush with only a 30,000-vote lead, and that steadily dwindling (by 2:30 a.m., Bush’s lead, by the AP’s count, is below 19,000 votes; a glitch in the Volusia County numbers that comes in minutes after the call for Bush slashes Bush’s lead considerably, validating the AP’s reluctance to make the call). But the television broadcasts drive the story. Network pundits immediately begin dissecting Bush’s “victory” and speculating as to why Gore “lost.” [American Journalism Review, 1/2001; Nation, 11/6/2006] Shortly after 3 a.m., CBS’s Ed Bradley begins informing viewers that the AP numbers show Bush with a lead of only 6,000 votes. Rather tells the viewers that if the AP is correct, the previous call for Bush may be premature. “Let’s not joke about it folks,” he says. “You have known all night long and we’ve said to you all night long that these estimates of who wins and who loses are based on the best available information we have. CBS News has the best track record in the business, over a half century plus, for accuracy on election night. But nobody’s perfect.” However, few listen to either CBS’s caveats or the AP’s refusal to call the election. [American Journalism Review, 1/2001] By 4:52 a.m., Bush’s lead has dwindled to 1,888 votes.
Fox Leads the Narrative for Bush - Gore initially concedes the race, but when the networks begin retracting their declaration and return Florida to the “too close to call” status, he retracts his concession. In their last conversation of the evening, Bush tells Ellis that Gore has taken back his concession, and says: “I hope you’re taking all this down, Ellis. This is good stuff for a book.” The morning headlines in most daily papers declare Bush the winner; much of the news coverage slams Gore as indulging in “sour grapes” for not conceding the election. Rather later says: “We’ll never know whether Bush won the election in Florida or not. But when you reach these kinds of situations, the ability to control the narrative becomes critical. Led by Fox, the narrative began to be that Bush had won the election.” In 2011, Rolling Stone reporter Tim Dickinson will write, “A ‘news’ network controlled by a GOP operative who had spent decades shaping just such political narratives—including those that helped elect the candidate’s father—declared George W. Bush the victor based on the analysis of a man who had proclaimed himself loyal to Bush over the facts.” After the election, House Representative Henry Waxman (D-CA) says: “Of everything that happened on election night, this was the most important in impact. It immeasurably helped George Bush maintain the idea in people’s minds that he was the man who won the election.” [Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; New York Magazine, 5/22/2011] Ellis later writes that Bush did not try to influence his coverage. “Governor Bush was, as always, considerate of my position,” Ellis will write. “He knew that I would be fried if I gave him anything that VNS deemed confidential, so he never asked for it. He made a point of getting the early exit poll data from other sources before talking to me.” [Associated Press, 12/11/2000]
Criticism of Fox, Ellis - Tom Rosenstiel, director of the Project for Excellence in Journalism, later says of Ellis and Fox while the election is still in dispute: “The notion you’d have the cousin of one presidential candidate in a position to call a state, and the election, is unthinkable. Fox’s call—wrong, unnecessary, misguided, foolish—helped create a sense that the election went to Bush, was pulled back, and it’s just a matter of time before his president-elect title is restored. But that said, John Ellis is a good man, a good journalist whose judgment was overcome by excitement. He put himself in an impossible situation, but the mistake was not so much his as Rupert Murdoch’s for putting him in that position.… Everybody knows it’s a partisan channel, but its marketing slogan, ‘We report; you decide,’ is now totally obliterated by the fact that one candidate’s first cousin is actually deciding, and then they report.” (Rosenstiel is apparently unaware that Murdoch, who owns Fox News’s parent company News Corporation, did not make the call to hire Ellis.) Rosenstiel’s colleague Carl Gottlieb is less restrained, saying: “It’s beyond belief. The network should not have allowed Ellis to report on this election. As a viewer, after reading this story and reading about Ellis’s involvement in calling the race, you can’t help but get the idea that this guy’s complicit in what’s going on now down in Florida.” Murdoch will later claim that Fox News displayed “no partisanship” in its election-night coverage. Ellis will later tell a reporter: “It was just the three of us guys handing the phone back and forth—me with the numbers, one of them a governor, the other president-elect. Now that was cool. And everybody followed us.” [Observer, 11/19/2000; Nation, 11/6/2006] Ellis will also later deny telling his team that “Jebbie” gave him the go-ahead to call the election for Bush, instead saying he made the call based on his own calculations. Statistician Cynthia Talkov, the only member of Fox’s election team who actually understands the VNS statistical models, later says she never saw Ellis making any such calculations, and will say Ellis did not ask her for her opinion for his call, though every other projection that evening was made with her explicit approval. Talkov is one of the people who will confirm that Ellis received the go-ahead to call the election from Jeb Bush. A post-election analysis prepared by outside reviewers for CNN later issues sharp criticisms of the networks, noting, “On Election Day 2000, television news organizations staged a collective drag race on the crowded highway of democracy, recklessly endangering the electoral process, the political life of the country, and their own credibility.” Mitofsky, who invested election polls and developed the election night projection system the networks use, later calls Ellis’s actions “the most unprofessional election night work I could ever imagine. He had no business talking to the Bush brothers or to any other politician about what he was doing.” On the other hand, Ailes will characterize Ellis’s actions as those of “a good journalist talking to his very high-level sources on election night.” [Nation, 11/6/2006]
Fox 'Investigation' Comes Up Empty - Fox News will announce an “investigation” of any conflicts of interest or unprofessional behavior concerning Ellis’s role in declaring Bush the winner, but nothing will come of any such investigation. The “investigation” will find that Ellis gave no VNS information to either George W. Bush, Jeb Bush, or any Bush campaign official, though Ellis himself will freely admit to a New Yorker reporter that he shared VNS data with both Bushes repeatedly during the evening. Such sharing of data would constitute a violation of journalistic ethics as well as possible criminal behavior. [Observer, 11/19/2000; Nation, 11/6/2006] Ailes had specifically warned his team not to share VNS information with anyone from the campaigns. [Salon, 11/15/2000] Before the investigation is even launched, Moody will say: “Appearance of impropriety? I don’t think there’s anything improper about it as long as he doesn’t behave improperly, and I have no evidence he did.… John has always conducted himself in an extremely professional manner.” [Washington Post, 11/14/2000]

Entity Tags: Voter News Service, Warren Mitofsky, Tom Rosenstiel, Sheldon Gawiser, Tim Dickinson, Roger Ailes, CNN, ABC News, CBS News, Brit Hume, Boston Globe, Albert Arnold (“Al”) Gore, Jr., Associated Press, News Corporation, Rupert Murdoch, Murray Edelman, Fox News, Ed Bradley, Dan Rather, Cynthia Talkov, Carl Gottlieb, George W. Bush, NBC News, Henry A. Waxman, John Prescott Ellis, John Moody, John Ellis (“Jeb”) Bush, Joe Lenski, John Blydenburgh

Timeline Tags: 2000 Elections

Florida NAACP official Anita Davis, already troubled by reports of Highway Patrol roadblocks interfering with black citizens’ attempts to vote in Leon County (see 11:30 a.m. November 7, 2000), receives a telephone call from her grandson Jamarr Lyles, a college student at Florida A&M in Tallahassee, the county seat. Lyles had joined in the NAACP’s effort to register new African-American voters, and like Davis is thrilled at the reports of huge turnouts among black Floridian voters, but tells his grandmother that he is receiving dozens of reports from his friends that they were not allowed to vote: that their names were not on the voting rolls, though they had registered to vote. [Tapper, 3/2001]

Entity Tags: County of Leon (Florida), Anita Davis, National Association for the Advancement of Colored People, Florida Highway Patrol, Jamarr Lyles

Timeline Tags: 2000 Elections, Civil Liberties

Supreme Court Justice Sandra Day O’Connor, attending a Washington, DC, party and watching the news networks predict Florida, and thusly the presidency, for Democrat Al Gore, says aloud, “This is terrible.” Her husband explains that she is considering retiring from the Court, but will only do so if George W. Bush, a fellow Republican, is in office to appoint her successor. [Tapper, 3/2001]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Sandra Day O’Connor, George W. Bush

Timeline Tags: 2000 Elections

The Associated Press’s projection that Vice President Al Gore won Florida’s presidential election (see 7:50 p.m., November 7, 2000) collapses in the wake of new poll results. Governor George W. Bush (R-TX), Gore’s opponent, tells reporters: “The networks called this thing awfully early, but the people actually counting the votes are coming up with a different perspective. So we’re pretty darn upbeat about things.” By 10:00 p.m., the major television networks—ABC News, CBS News, Fox News, and NBC News—begin retracting their earlier projection of Gore’s victory and revert Florida to the “too close to call” category. [Leip, 2008]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., ABC News, Associated Press, CBS News, Fox News, George W. Bush, NBC News

Timeline Tags: 2000 Elections

A screenshot of CNN’s on-air graphic declaring George W. Bush the winner in Florida. The graphic shows Bush with a 6,060-vote lead.A screenshot of CNN’s on-air graphic declaring George W. Bush the winner in Florida. The graphic shows Bush with a 6,060-vote lead. [Source: TV-Ark News (.com)]Republican presidential contender George W. Bush (R-TX) appears to enjoy a late surge in Florida votes, securing what appears to be a slim but decisive lead of some 50,000 votes. Led by Fox News (see October-November 2000 and November 7-8, 2000), the four major television networks—ABC News, CBS News, Fox News, and NBC News—begin declaring Bush the projected winner of Florida and therefore the winner of the US presidential elections. By 2:20 a.m., the last of the networks has projected Bush as the winner. [New York Times, 11/9/2000; Leip, 2008] The Associated Press (AP) refuses to make the call, saying that its figures show Bush with only a 30,000-vote lead, and that steadily dwindling. By 2:30 a.m., Bush’s lead, by the AP’s count, is below 19,000 votes; a glitch in the Volusia County numbers that comes in minutes after the call for Bush slashes Bush’s lead considerably, validating the AP’s reluctance to make the call. But the television broadcasts drive the story. Network pundits immediately begin dissecting Bush’s “victory” and speculating as to why Gore “lost.” [American Journalism Review, 1/2001; Nation, 11/6/2006] After the Fox announcement, Gore campaign manager Donna Brazile sends Gore a text message reading: “Never surrender. It’s not over yet.” But others in the campaign feel the campaign is indeed over. Gore’s brother-in-law Frank Hunger later recalls, “They were just so damn positive,” referring to the networks. “And they were talking about 50,000 votes, and we never dreamed they would be inaccurate.” The Gore campaign’s deputy campaign manager for communications, Mark D. Fabiani, will later recall: “I felt so deflated. It had been an evening where you won and then lost and winning felt a lot better than losing. You had been up and down and swung around and then dumped out on your head.” [New York Times, 11/9/2000]

Entity Tags: Mark D. Fabiani, George W. Bush presidential campaign 2000, NBC News, George W. Bush, Frank Hunger, Albert Arnold (“Al”) Gore, Jr., Fox News, Associated Press, CBS News, County of Volusia (Florida), Donna Brazile, Al Gore presidential campaign 2000, ABC News

Timeline Tags: 2000 Elections

Vice President Al Gore, the Democratic presidential candidate, calls Republican contender George W. Bush to concede the US presidential election, based on the news networks’ projection of Bush’s slim “victory” in Florida (see 2:15 a.m. November 8, 2000). According to Bush campaign advisor Karen Hughes, Gore tells Bush, “We gave them a cliffhanger.” Bush responds: “You’re a formidable opponent and a good man. I know it’s hard. I know it’s hard for your family. Give my best to Tipper [Gore’s wife] and your children.” Gore’s motorcade drives to the War Memorial Plaza in Nashville, where Gore plans to address his supporters. But by 3:15 a.m., Gore’s advisors tell him that Bush’s lead in Florida has dropped dramatically, leaving Bush with a lead of only 6,000 votes or less, well within the 0.5 percent margin that will trigger an automatic machine recount. Votes in three Democratic strongholds—Palm Beach, Broward, and Miami-Dade Counties—are still outstanding. And a computer error in Volusia County tallies shows Gore with a total of negative 16,000 votes. The numbers continue to drop; by the time Gore’s motorcade is approaching the Plaza, the tallies show a Bush lead of less than 1,000 votes. Gore returns to his Nashville hotel without addressing his supporters. Speechwriter Eli Attie later recalls, “I stopped him from going out onstage, and said, ‘With 99 percent of the vote counted, you’re only 600 votes behind.’” [National Journal, 11/9/2000; New York Times, 11/9/2000; Tapper, 3/2001; Vanity Fair, 10/2004; Leip, 2008] Minutes later, Gore calls Bush to retract his concession (see 3:30 a.m. November 8, 2000).

Entity Tags: County of Miami-Dade (Florida), Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), County of Broward (Florida), Karen Hughes, Eli Attie, George W. Bush

Timeline Tags: 2000 Elections

Vice President Al Gore, the Democratic presidential candidate, calls Republican contender George W. Bush to retract his concession of the presidential election (see 2:30 a.m. - 3:15 a.m. November 8, 2000). “Circumstances have changed dramatically since I first called you,” Gore says. “The state of Florida is too close to call.” Bush says: “Are you saying what I think you’re saying? Let me make sure I understand. You’re calling me back to retract your concession.” Gore responds, “You don’t have to be snippy about it.” Bush informs Gore that his brother, Governor Jeb Bush of Florida, has assured him he has already won Florida (see 2:15 a.m. November 8, 2000 and November 7-8, 2000). Gore replies, “Your younger brother is not the ultimate authority on this.” Instead of giving a concession speech as planned, Gore sends his campaign chairman, former Commerce Secretary William Daley, to speak to the gathering at Nashville’s War Memorial Plaza. “Our campaign continues,” Daley says. New polling data shows that Florida, still projected to go to Bush as the last needed electoral victory, is once again too close to be accurately predicted. Bush calls his cousin John Ellis, who is anchoring Fox News’s election night coverage (see October-November 2000), and says, “Gore unconceded.” Ellis responds, “You’re kidding.” Within the hour, the networks will, for the second time (see 9:30 p.m. November 7, 2000), retract their projection and classify Florida as “too close to call” (see 3:57 a.m. - 4:15 a.m. November 8, 2000). Bush campaign chairman Donald Evans orders aides to be on a 6 a.m. flight to Florida to begin contesting the recounts. Gore aides give similar orders to their personnel. [CNN, 12/13/2000; Tapper, 3/2001; Vanity Fair, 10/2004; Leip, 2008]

Entity Tags: John Ellis (“Jeb”) Bush, Albert Arnold (“Al”) Gore, Jr., Donald L. Evans, George W. Bush, William Michael (“Bill”) Daley, Fox News, John Prescott Ellis

Timeline Tags: 2000 Elections

A ‘New York Post’ headline from the morning of November 8.A ‘New York Post’ headline from the morning of November 8. [Source: Authentic History]After Democrat Al Gore retracts his concession in the Florida presidential elections (see 3:30 a.m. November 8, 2000), the presidential campaign of Republican George W. Bush makes a decision to focus on one single message: their candidate has won the election, won the presidency, and anything else is wrong. In 2001, author Jake Tapper will write that in his brief conversation with Gore, “Bush doesn’t let on that he knows Florida is still in play. From this moment on, Bush and his team will propagage a myth, repeating it over and over to the American people: he won, definitively, at the moment his cousin called the election for him on Fox News Channel (see 2:15 a.m. November 8, 2000).… [E]verything that happens from this point on is crazy, illegitimate Gore-propelled nonsense.” [Tapper, 3/2001]

Entity Tags: Jake Tapper, George W. Bush, Albert Arnold (“Al”) Gore, Jr., George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

Katherine Harris.Katherine Harris. [Source: AP/Pete Cosgrove]Florida Secretary of State Katherine Harris, one of eight co-chairs of the Florida Bush election campaign and the state official ultimately in charge of election procedures, is introduced to the politics of the Florida presidential recount by a ringing telephone. She is awakened at 3:30 a.m. by a call from the Bush campaign chairman Donald Evans, who puts Governor Jeb Bush, George W. Bush’s brother, on the line. Governor Bush asks coldly, “Who is Ed Kast, and why is he giving an interview on national television?” Harris is unsure who Kast is for a moment. Kast is the assistant director of elections, whose division reports to her office. He is on television talking about the fine points of Florida election law (see 3:30 a.m. November 8, 2000), when and how manual recounts can be requested, and, most importantly, the driving concept of “voter intent”—if a ballot shows the intent of the voter to cast a vote for a candidate, then that vote will be counted. The governor does not want the media narrative to focus on recounts and voter intent, and has already tasked his general counsel with the job of getting Kast off the air as quickly as possible. (CNN “loses” Kast’s transmission in mid-sentence minutes later.) Democrats have questioned the propriety of having the Florida official with ultimate authority over elections being a state chairman for a presidential campaign before now, and in the coming days, the question will devolve into outright accusations of partisanship and impropriety. Harris has called herself “thrilled and honored” to be part of the Bush campaign, and served as a Bush delegate during the Republican National Convention. During the campaign, she often traveled around Florida representing the ticket. Representative Robert Wexler (D-FL) says of Harris: “She is clearly a partisan Republican—and there’s nothing illegal about that. And I give everyone the benefit of the doubt, expecting them to perform their public functions appropriately. But her actions will speak volumes about whether she is qualified. If she does this fairly, fine. But if she acts as an emissary for Bush to steal this election in Florida, she will delegitimize Florida’s vote count.” Harris gives some initial media interviews on November 8, and according to a 2004 Vanity Fair article, “appear[s] overwhelmed and uninformed.” She does not know what county elections supervisors have been doing, and seems unaware of the chaos surrounding the Palm Beach County “butterfly ballot” (see November 9, 2000) and other ballot disputes. The Bush campaign senses trouble and assigns Harris a “minder,” Florida Republican lobbyist Mac Stipanovich, a former campaign advisor for Jeb Bush and a close Bush ally. Stipanovich, the Vanity Fair article will observe, “appealed to Harris’s grandiosity. (Her emails replying to Bush supporters later revealed that she had begun identifying with Queen Esther, who, in the Old Testament, saved the Jews from genocide. ‘My sister and I prayed for full armour this morning,’ she wrote. ‘Queen Esther has been a wonderful role model.’) He told her that nothing less than the course of history rested on her shoulders. ‘You have to bring this election in for a landing,’ he repeated again and again.” Under Stipanovich’s tutelage, Harris quickly learns to stay on message and repeat the given talking points. Stipanovich, who remains out of sight of the media, will later describe his daily routine with Harris to documentary filmmaker Fred Silverman, saying: “I would arrive in the morning through the garage and come up on the elevators, and come in through the cabinet-office door, which is downstairs, and then in the evening when I left, you know, sometimes it’d be late, depending on what was going on, I would go the same way. I would go down the elevators and out through the garage and be driven—driven to my car from the garage, just because there were a lot of people out front on the main floor, and, at least in this small pond, knowledge of my presence would have been provocative, because I have a political background.” [Salon, 11/13/2000; Vanity Fair, 10/2004] Most importantly to the Bush campaign, Harris is a part of the campaign’s message propagation plan to insist that Bush has indisputably won the Florida election (see After 3:30 a.m. November 8, 2000).

Entity Tags: George W. Bush presidential campaign 2000, Donald L. Evans, CNN, Ed Kast, George W. Bush, Katherine Harris, Vanity Fair, John Ellis (“Jeb”) Bush, Fred Silverman, Mac Stipanovich, Robert Wexler

Timeline Tags: 2000 Elections

The four news networks, ABC News, CBS News, Fox News, and NBC News, retract their earlier projection that Republican presidential candidate George W. Bush has won Florida and thereby won the US presidency (see 2:15 a.m. November 8, 2000). The state is again rated as “too close to call.” [Leip, 2008]

Entity Tags: NBC News, ABC News, CBS News, George W. Bush, Fox News

Timeline Tags: 2000 Elections

The US electoral map as of the morning of November 8. Florida, New Mexico, and Oregon are still rated as ‘too close to call.’The US electoral map as of the morning of November 8. Florida, New Mexico, and Oregon are still rated as ‘too close to call.’ [Source: BBC]America wakes to a presidential election too close to call, though many morning newspapers, basing their headlines on the latest information received before going to press in the early morning hours, have headlines declaring George W. Bush (R-TX) the president-elect (see 2:15 a.m. November 8, 2000). The margin in Florida stands officially at Bush with 2,909,135 votes (48.8 percent) to Democratic contender Al Gore’s 2,907,351 votes (48.8 percent)—a margin of 1,784 votes in Bush’s favor. 136,616 votes, or 2.4 percent, are registered to other candidates. Stories of voting irregularities are surfacing, particularly in Palm Beach County, where thousands of voters complain that their punch card ballots led them to vote for candidates they did not intend to select (see 7:00 a.m. November 7, 2000 and After). Later in the day, the Florida state government orders a full machine recount in compliance with Florida Election Code 102.141 that requires a recount of ballots if the margin of victory is 0.5 percent or less. Florida Governor Jeb Bush, the brother of George W. Bush, recuses himself from the process. [Circuit Court of the 15th Judicial Circuit In and For Palm Beach County, Florida, 11/8/2000 pdf file; Jurist, 2003; Leip, 2008] The press reports that if the recounts do not clearly determine a winner, the US might have to wait “up to eight days longer as absentee ballots mailed from overseas are counted” (see 12:00 a.m., November 17, 2000). Governor Bush joins with Florida Attorney General Robert Butterworth, the Florida chairman for the Gore campaign, in a promise “to deal swiftly with any election irregularities.” Governor Bush says, “Voter fraud in our state is a felony, and guilty parties will be prosecuted to the fullest extent of the law.” [National Journal, 11/9/2000] Bush is credited with having won 29 states with 246 electoral votes. Gore has 18 states and the District of Columbia, with a total of 255 electoral votes. Oregon and New Mexico are also rated as “too close to call,” but because of the electoral vote totals, their total of 12 electoral votes are irrelevant. Florida’s 25 votes, however, are necessary for either candidate to win the election. To be declared president, one or the other needs to reach 270 votes. Wisconsin and Iowa are also briefly considered close, though Gore wins both of those states, and eventually Oregon and New Mexico (see November 13 - December 1, 2000), all with razor-thin margins. [Leip, 2000; CNN, 11/13/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., John Ellis (“Jeb”) Bush, Robert Butterworth, George W. Bush

Timeline Tags: 2000 Elections

James Baker and Warren Christopher.James Baker and Warren Christopher. [Source: Slate / Metrolic]The Gore campaign sends a quick-response team led by Al Gore’s former chief of staff, lawyer Ron Klain, to Florida to deal with the uncertainty of the Florida presidential race (see Early Morning, November 8, 2000). Almost immediately, Klain and his group are inundated with rumors of voting irregularities—understaffed polling places in Democratic strongholds, Democratic voters sent on “wild goose chases” to find their proper polling places, African-Americans illegally prevented from voting (see November 7, 2000), police roadblocks set up to keep voters from reaching their polls (see 11:30 a.m. November 7, 2000). Klain and his group are unable to ascertain the truth or fiction behind some of the rumors, though they learn about one that is verifiable—the problems surrounding Palm Beach County’s “butterfly ballot” that seem to have cost Gore some 2,600 votes (see November 9, 2000). Klain and the Gore campaign’s Florida head, Nick Baldick, learn that 10,000 votes for both candidates in Palm Beach have been set aside, uncounted, because of their classification as “undervotes”—votes that record no choice for president. Some 4 percent of Palm Beach voters cast their votes for senator but not for president, according to the machine scoring, a conclusion Klain and Baldick find hard to believe. They soon learn that many more “undervotes” were set aside in Miami-Dade County, like Palm Beach a Democratic stronghold. Broward County, which includes the heavily Democratic Fort Lauderdale region, is the source of a number of rumors concerning missing ballot boxes and unbelievable precinct totals. And Volusia County, another expected mine of Gore voters, initially reported a total of negative 16,000 votes for Gore. The automatic recount triggered by Florida law would not address any of these issues; manual recounts and human examination of ballots would be required to sort through the inconsistencies. Klain asks a number of Florida lawyers for legal advice and finds little help: the lawyers he contacts tell him that they are reluctant to give too much aid to the Gore campaign. “All the establishment firms knew they couldn’t cross Governor [Jeb] Bush [brother of presidential candidate George W. Bush] and do business in Florida,” Klain will later recall. Klain instead pulls together an ad hoc team to be led by former Secretary of State Warren Christopher, now a lawyer in Los Angeles. Gore chooses Christopher because he believes Christopher will lend the team an image of decorous, law-abiding respectability. But, according to a 2004 Vanity Fair report, “Christopher set a different tone, one that would characterize the Democrats’ efforts over the next 35 days: hesitancy and trepidation.” One of Christopher’s first statements on the situation is given to Gore’s running mate Joseph Lieberman, with Christopher saying: “I think we should be aggressive in asserting our position. But we’ve got to temper what we do with the realization that the nation is focused on us and is expecting to act responsibly.” The Bush campaign’s approach is very different from that taken by the sometimes-timorous Christopher. Their quick-response campaign team is headed by Texas lawyer James Baker, a close Bush family friend and another former secretary of state. As Vanity Fair will write, the Bush team “dug in like a pit bull,” issuing frequent press statements that hew to the same line: Bush won the vote on the morning of November 8 (see 2:15 a.m. November 8, 2000 and After 3:30 a.m. November 8, 2000) and therefore is the legitimate president. Any attempts to alter that “fact” amount to “mischief.” Privately, Baker worries that the narrative is untenable, telling his team: “We’re getting killed on ‘count all the votes.’ Who the hell could be against that?” The Gore campaign will ask for manual recounts in four counties, Palm Beach, Broward, Miami-Dade, and Volusia (see November 9, 2000), and the choice of selective recounts, as opposed to asking for statewide recounts, gives Baker the opening he is looking for. [National Journal, 11/9/2000; Tapper, 3/2001; Vanity Fair, 10/2004]

Entity Tags: County of Palm Beach (Florida), Warren Christopher, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Miami-Dade (Florida), Ron Klain, Vanity Fair, Joseph Lieberman, George W. Bush presidential campaign 2000, George W. Bush, County of Volusia (Florida), Nick Baldick, John Ellis (“Jeb”) Bush, James A. Baker, County of Broward (Florida)

Timeline Tags: 2000 Elections

The headline in today’s Palm Beach Post.The headline in today’s Palm Beach Post. [Source: Palm Beach Post / Authentic History]In the aftermath of the Florida election results (see Early Morning, November 8, 2000), television and press news outlets offer a round of explanations, excuses, and apologies for the mistakes and miscues that marked election-night coverage (see 7:50 p.m., November 7, 2000, 9:30 p.m. November 7, 2000, 2:15 a.m. November 8, 2000, and 3:57 a.m. - 4:15 a.m. November 8, 2000). Knight-Ridder newspapers say the election night will “forever… be known” as “The Night That Television Got It Wrong.” The Baltimore Sun observes: “Whipsawed between presidential election returns that turned on a dime, and production schedules that couldn’t, newspaper editors crossed their fingers in the early morning and started their presses. And many got the story wrong.” The New York Times says that network executives are “examining how the errors could have occurred,” and goes on to state that many in academia, politics, and the news media are calling the mistakes “perhaps the most egregious election-night gaffes in the modern television era.” CBS News says: “We all made our own calls. All of us made the wrong call twice. It was different people, different eyes looking at it. Each of us thought when we looked at the data that it was a good call. It did not appear to be as risky as it turned out to be.” California pollster Mark DiCamillo says: “Everybody is dying to know who won when the polls close. There’s tremendous pressure that builds. You’ve been looking at exit poll data. It’s very hard to say it’s too close to call. It’s the pressure cooker on election night television coverage.” [National Journal, 11/9/2000]

Entity Tags: CBS News, Baltimore Sun, Mark DiCamillo, Knight Ridder Newspapers, New York Times

Timeline Tags: 2000 Elections

Conservative columnist George Will lambasts the Gore presidential campaign for trying to “steal” the presidential election through unwarranted legal manipulation (see Early Morning, November 8, 2000 and November 9, 2000). Will begins his Washington Post column by comparing the Gore request for recounts to “the blue dress,” a reference to President Clinton’s affair with White House intern Monica Lewinsky, and accuses Democrats of “complaining that the Constitution should not be the controlling legal authority” over elections. Will continues: “The mendacity of Al Gore’s pre-election campaign is pertinent to the post-election chaos. He ran with gale-force economic winds at his back, and with a powerful media bias pulling him along.… Even on election night: by calling Florida for Gore before all Floridians had voted, the networks almost certainly hurt Republican turnout in Florida, and out West” (see 7:50 p.m., November 7, 2000). Will does not mention Fox News’s inaccurate call of Florida for Bush (see 2:15 a.m. November 8, 2000 and November 7-8, 2000). Gore is attempting to steal the election because of his “corrupt… hunger for power” and his “serial mendacity,” Will states, accusing Gore of “desperately seeking lawyering strategies and a friendly court to hand him the presidential election.” He is, Will states, the quintessential liberal, attempting to impose his will “through litigation rather than legislation. Liberalism’s fondness for judicial fiat rather than democratic decision-making explains the entwinement of the Democratic Party and trial lawyers.” Will ridicules reports that the Palm Beach County “butterfly ballot” may have denied Gore votes (see November 9, 2000), and calls Democrats’ questioning of that ballot “sinister.” The claims that Palm Beach voters were confused by the ballot are, Will writes, “baseless.” Will says that the November 17 addition of absentee ballots (see November 18, 2000), with their “large military, hence Republican, component,” will almost certainly lock down the Florida vote for Bush. However, Will writes, “Gore operatives probably will still toil to delegitimize the election. Their actions demolish the presidential pretensions of the dangerous man for whom they do their reckless work.” Will concludes: “All that remains to complete the squalor of Gore’s attempted coup d’etat is some improvisation by Janet Reno, whose last Florida intervention involved a lawless SWAT team seizing a 6-year-old [referring to Cuban-American youngster Elian Gonzales, whom Reno ordered to be sent back to Cuba with his father instead of being allowed to remain in the US with a group of more distant relatives]. She says there is no federal role, but watch for a ‘civil rights’ claim on behalf of some protected minority, or some other conjured pretext. Remember, Reno is, strictly speaking, unbelievable, and these things will continue until these people are gone.” [Washington Post, 11/12/2000] The progressive media watchdog organization Fairness and Accuracy in Reporting (FAIR) will note, “The comment about a ‘protected minority’ seems to be a reference to the complaints of voter fraud and intimidation coming from African-American communities in Florida” (see November 7, 2000). [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: Fairness and Accuracy in Reporting, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), George Will, Janet Reno, George W. Bush

Timeline Tags: 2000 Elections

The presidential campaign of Vice President Al Gore (D-TN) suggests that all 67 Florida counties conduct manual recounts of their ballots if Republicans object to recounts in Miami-Dade, Broward, and Palm Beach Counties (see November 9, 2000). Gore himself says he will eschew any further legal challenges if Republicans will accept the three counties’ recounts. He also proposes a face-to-face meeting with his opponent, George W. Bush (R-TX). [US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: County of Broward (Florida), Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), George W. Bush, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), announces that she will not consider any further submissions of recounted election ballots from any Florida counties (see Evening, November 14, 2000). She has already accepted submissions from three counties still conducting recounts (see November 14, 2000, 3:40 p.m. November 15, 2000, and 4:30 p.m. November 14, 2000), and has received written explanations from three counties—Miami-Dade, Broward, and Palm Beach—explaining why they need additional time to complete their recounts. Palm Beach explained that it had found serious discrepancies between the results of its machine and sample manual recounts. Broward told of a large voter turnout and accompanying logistical problems. Miami-Dade said it had reason to believe that a manual recount would provide significant differences in its results (see November 7, 2000). Harris announces that she finds all three counties’ explanations insufficient and will not include their recount tallies in her final election numbers. [US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008]

Entity Tags: County of Miami-Dade (Florida), County of Broward (Florida), Katherine Harris, County of Palm Beach (Florida)

Timeline Tags: 2000 Elections

Shortly after the presidential vote that resulted in an as-yet-unresolved flurry of recounts and criticisms (see 6:36 p.m. November 15, 2000 and 9:14 p.m., November 15, 2000), two law clerks at the US Supreme Court laugh about the unlikely possibility that the election will end up being resolved in the Court. Could it happen that way? they wonder. And if so, would the Court split 5-4 along ideological lines, with the conservative majority giving Governor George W. Bush (R-TX) the presidency? The idea is preposterous, they decide, no matter what some of their friends and relatives are predicting. Even the most conservative of Court justices, they say, are pragmatic and mindful of the law. Moreover, they tell one another, the Court has always steered clear of sticky political conflicts. And the conservative justices are the most mindful of states’ rights and most devoted to the concept of the Constitution’s “original intent,” including the Founders’ insistance that Congress, not the judiciary, should be the body to resolve close elections. One clerk later tells reporters: “It was just inconceivable to us that the Court would want to lose its credibility in such a patently political way. That would be the end of the Court.” As November moves closer to December and the election fracas continues unresolved, a law professor predicts that Bush’s chances before the Court are “between slim and none, and a lot closer to none.” Over Thanksgiving, the justices and clerks leave Washington for vacation, with only a skeletal staff of a few clerks remaining in town in case of emergencies. Justice Stephen Breyer says over the holiday that there is no way the Court would ever get involved in the election. [Vanity Fair, 10/2004]

Entity Tags: George W. Bush, US Supreme Court, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

The Florida Supreme Court rules that Palm Beach and Broward Counties can proceed with a manual recount of ballots (see 4:30 p.m. November 14, 2000, 3:40 p.m. November 15, 2000, and Early Morning, November 16, 2000). Almost immediately, Palm Beach officials announce that they will begin that recount. The Court rules that a state judge must decide if the recount totals must be accepted. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: County of Palm Beach (Florida), County of Broward (Florida), Florida Supreme Court

Timeline Tags: 2000 Elections

Apparently emboldened by a judge’s halt to Florida declaring a winner in its presidential race (see 5:00 p.m. November 17, 2000), Miami-Dade County election officials vote to conduct a full manual recount of their county’s presidential ballots. [Leip, 2008] Initial figures in the recount show a significant number of “undervotes” going to Democrat Al Gore (see November 7, 2000). In response, Republican lawyers attempt to challenge vote after vote that is tallied to Gore, with corresponding counter-challenges from Democratic lawyers. Kendall Coffey, a Gore campaign lawyer, later recalls that as the Gore totals begin to accumulate, “panic buttons were being pushed” among the Republicans. Days later, a mob of Republican activists will descend on the Miami-Dade election board and force the shutdown of the recounts (see 9:00 a.m. and after, November 22, 2000). [Vanity Fair, 10/2004]

Entity Tags: George W. Bush, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., George W. Bush presidential campaign 2000, County of Miami-Dade (Florida), Kendall Coffey

Timeline Tags: 2000 Elections

Florida’s Miami-Dade County begins a manual recount of its presidential ballots (see November 7, 2000 and November 17, 2000). Bush campaign lawyers and local Republicans tried and failed to get a judge to stop the recounts, arguing that using machines to sort ballots to find votes would damage ballots and, presumably, give Democrat Al Gore more votes. The judge refuses to rule in the Republicans’ favor, and Miami-Dade election officials begin hunting for questionable ballots for recounting. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] On November 22, after Bush operatives and local Bush supporters stage a riot outside the elections offices, the Miami-Dade elections board will cancel the recount, saying it does not have enough time to complete the recount by the November 26 deadline (see 9:00 a.m. and after, November 22, 2000).

Entity Tags: George W. Bush, County of Miami-Dade (Florida), Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

The Florida Supreme Court hears recount arguments from both the Gore and Bush presidential campaigns regarding whether Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), should consider hand-recounted ballots before she certifies results of the presidential election (see 5:00 p.m. November 17, 2000). Bush lawyers argue that the Court is “without power” to decide which ballots should or should not be tallied. At 9:45 p.m. November 21, the Court unanimously rules that the manual recounts can continue and that Harris must accept those totals in the final results (see 10:04 a.m. - 12:45 p.m. November 17, 2000). The Court rules that the deadline for certifying the election is either 5:00 p.m. November 26, a Sunday, or November 27, at Harris’s discretion. Harris’s staff is caught by surprise by the ruling, downloading it off the Internet instead of receiving a copy from the Court; Harris’s plan to certify George W. Bush as president is blocked. Democratic presidential candidate Al Gore welcomes the ruling, saying that both he and Bush should plan their transitions in case either is certified. [Supreme Court of Florida, 11/21/2000 pdf file; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court says in its ruling that “the right of the people to cast their vote is the paramount concern overriding all others.” Campaign observers have said that if the Florida high court’s ruling went the other way, Gore would concede the election. Some of Gore’s senior campaign advisors reportedly told Gore to stop further challenges if the Florida court decision went in Bush’s favor. [Guardian, 11/22/2000] Bush campaign representatives level charges that the Gore campaign is attempting to “steal” the election. Bush campaign attorney James Baker calls the Supreme Court’s ruling “unjust.” Governor Marc Racicot (R-MT), who has emerged in recent days as an influential Bush campaign spokesman, threatens “some extraordinary” measures to overcome the effects of the Court’s ruling (see 9:00 a.m. and after, November 22, 2000). [Guardian, 11/23/2000]

Entity Tags: Marc Racicot, Katherine Harris, George W. Bush, George W. Bush presidential campaign 2000, Al Gore presidential campaign 2000, James A. Baker, Florida Supreme Court

Timeline Tags: 2000 Elections

The Bush presidential campaign files a petition in the US Supreme Court, asking the Court to review the Florida Supreme Court’s ruling that Florida can continue manual recounts, and that those new recount tallies be included in the final election results (see November 20-21, 2000). Bush lawyers argue that the Supreme Court effectively rewrote Florida election law in mandating the recount tallies be counted, by essentially changing the law after the election had occurred; they also argue that Florida judges have no jurisdiction or legal authoritiy to order Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) to consider manually recounted votes. Both arguments are considered somewhat abstruse and technical. The Bush campaign also claims, with little legal backing, that to recount the votes violates constitutional guarantees of due process and equal protection. Gore lawyers say that the matter is up to the state courts, and is not a federal matter warranting the involvement of the US Supreme Court. The Court agrees to hear the case, and sets the hearing date for December 1, 2000. [Supreme Court of the United States, 11/22/2000 pdf file; Certiorari Granted, 11/24/2000 pdf file; Guardian, 11/25/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004; Leip, 2008] “We believe we stand on both strong political and legal ground for fighting beyond Sunday,” says Gore campaign adviser Ron Klain. After the Court agrees to hear the case, Harris, the co-chair of Florida’s Bush campaign team, says she is ready to certify the election for George W. Bush tomorrow night regardless of the outcome of the Supreme Court hearing. “The Department of State is prepared for the earliest contingency, which would be certification Sunday evening,” her chief of staff Ben McKay says. “This will be done publicly regardless of the outcome, which is, of course, unknown at this time.” [Guardian, 11/25/2000] Many Court observers, and some of the justices themselves, are surprised that the case is being heard. The Bush petition for certiorari, or for the Court to take the case, comes to Justice Anthony Kennedy, whose task it is to consider emergency motions from Florida, Georgia, and Alabama. Kennedy pushes his colleagues to take the case, arguing that the Court is the true and ultimate arbiter of such matters, though he concedes that the Bush petition is legally questionable. The Court’s conservative bloc—Antonin Scalia, Clarence Thomas, Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000), and Chief Justice William Rehnquist—agree to hear the case. (Court rules mandate that the consent of four justices, not a majority, is enough to hear a case.) The case is to be expedited in a way far different from the usual sedately paced Court proceedings. The sudden urgency has Court clerks scrambling to change their Thanksgiving plans and contacting the justices they work for. The clerks for the four liberal justices, David Souter, John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer, are dismayed by the entire situation. “We changed our minds every five minutes about whether the fix was in,” one clerk later recalls. The liberal clerks find it almost impossible to believe that any Court justice would consider interceding in what is by constitutional definition an executive and legislative matter. Justice Stevens is not convinced of his conservative colleagues’ restraint, and begins drafting a dissent from what he fears will be a majority opinion granting Bush the election. The early draft focuses on the reasons why the Court should have never accepted the case. [Vanity Fair, 10/2004]

Entity Tags: Florida Supreme Court, David Souter, Ben McKay, Antonin Scalia, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, Ron Klain, Clarence Thomas, Ruth Bader Ginsburg, Katherine Harris, George W. Bush presidential campaign 2000, George W. Bush, John Paul Stevens

Timeline Tags: 2000 Elections

A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey.A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey. [Source: Pensito Review]Miami-Dade County election officials vote unanimously to halt the county’s manual recount of presidential ballots (see November 7, 2000 and Before 10:00 a.m. November 19, 2000), saying the county does not have enough time to complete its recount by the November 26 deadline. Instead, they vote to recount only 10,750 “undervotes,” ballots that don’t clearly indicate a presidential choice. The decision costs Democratic candidate Al Gore a 157-vote gain from the halted recount process. That evening, a Florida State appeals court denies a motion by Democrats to force Miami-Dade County to restart the manual recount. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Opposing Beliefs - The next day, the Florida Supreme Court will also refuse to order Miami-Dade to restart the recount (see 2:45 p.m. November 23, 2000). Press reports say that the decision “dramatically reverse[s] the chances of Al Gore gathering enough votes to defeat George W. Bush.” Gore’s senior campaign advisor William Daley calls the recounts “mandatory” and calls for “the rule of law” to be upheld. For his part, Bush says: “I believe Secretary Cheney and I won the vote in Florida (see After 3:30 a.m. November 8, 2000). And I believe some are determined to keep counting in an effort to change the legitimate result.” In light of the Miami-Dade decision, the Bush campaign’s chief legal advisor James Baker invites the Republican-controlled Florida Legislature to unilaterally declare Bush the victor, saying, “One should not now be surprised if the Florida legislature seeks to affirm the original rules.”
Agitators Disrupt Recount Proceedings - The recount proceedings are disrupted and ultimately ended by a mob of Republicans, some local and some bussed and flown in from Washington by the Bush campaign. The agitators are protesting outside the Miami-Dade County election offices, shouting and attempting to interfere with the proceedings of the canvassing board. Republicans have accused a Democratic lawyer of stealing a ballot. [Guardian, 11/23/2000; Guardian, 11/25/2000]
Rioters Made Up of Republican Staffers, Others - Democrats accuse Republican protesters of intimidating the Miami-Dade County officials into stopping the recount. Democratic vice-presidential candidate Joe Lieberman says the demonstrations in Miami have been orchestrated by Republicans “to intimidate and to prevent a simple count of votes from going forward.” Six Democratic members of the US Congress demand the Justice Department investigate the claims, saying that civil rights have been violated in “a shocking case of undermining the right to vote through intimidation and threats of violence.” Jenny Backus, a spokeswoman for the Democratic National Committee (DNC), says, “The Republicans are out of control,” and accuses them of using paid agitators to “create mob rule in Miami.” [Guardian, 11/25/2000] Later investigations show that the “spontaneous protests” by Republican protesters were far more orchestrated and violent than generally reported by the press at the time. Investigative journalist Robert Parry will write that the protests, called the “Brooks Brothers Riot” because of the wealthy, “preppie” makeup of the “protesters,” helped stop the recount, “and showed how far Bush’s supporters were ready to go to put their man in the White House.” He will write that the protests should be more accurately termed a riot. At least six of the rioters were paid by the Bush recount committee, payments documented in Bush committee records only released to the IRS in July 2002 (see July 15, 2002). Twelve Republican staffers will later be identified in photographs of the rioters. The six who can be confirmed as being paid are: Bush staffer Matt Schlapp from Austin, Texas; Thomas Pyle, a staff aide to House Majority Whip Tom DeLay (R-TX); DeLay fundraiser Michael Murphy; Garry Malphrus, House majority chief counsel to the House Judiciary Subcommittee on Criminal Justice; Charles Royal, a legislative aide to Representative Jim DeMint (R-SC); and former Republican House staffer Kevin Smith. Another Republican is identified as Doug Heye, a staffer for Representative Richard Pombo (R-CA). At least three of the rioters—Schlapp, Malphrus, and Joel Kaplan—will later join the Bush White House. Many of the rioters were brought in on planes and buses from Washington as early as mid-November, with promises of expenses payments. On November 18, 2000, the Bush campaign told activists, “We now need to send reinforcements” to rush to Florida. “The campaign will pay airfare and hotel expenses for people willing to go.” Many of the respondents are low-level Republican staffers from Congress. “These reinforcements… added an angrier tone to the dueling street protests already underway between supporters of Bush and Gore,” Parry will write. Quoting ABC reporter Jake Tapper, Parry will write, “The new wave of Republican activists injected ‘venom and volatility into an already edgy situation.’” Signifying the tone, before the Miami riot, Brad Blakeman, Bush’s campaign director of advance travel logistics, screamed down a CNN correspondent attempting to interview a Democratic Congressman: “This is the new Republican Party, sir! We’re not going to take it anymore!” [Consortium News, 11/27/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004] Some of the local protesters are summoned to the Miami-Dade electoral offices by angry broadcasts over radio stations with largely Cuban-American audiences; over these radio stations, listeners hear Bush campaign lawyer Roger Stone, coordinating the radio response, say that the recounts intend to disenfranchise Hispanic voters. Republican operatives coordinate the protests by shouting orders through megaphones. [Consortium News, 11/24/2000; Center for American Progress, 12/9/2010] Cuban-Americans voted heavily for Bush in the November 7 election. [Tapper, 3/2001]
Details of the Riot; Staffers Assaulted and Beaten - After learning that the Miami-Dade County canvassing board was beginning to examine 10,750 disputed ballots that had not previously been counted, US Representative John Sweeney (R-NY) issues the order to “Shut it down!” (Sweeney is coordinating his efforts with a local Cuban congressman who himself is coordinating the Cuban-American mob response.) Brendan Quinn, the executive director of the New York Republican Party, tells some two dozen Republican operatives outside the Miami-Dade County election offices to storm the room on the 19th floor where the canvassing board is meeting. Tapper later writes: “Emotional and angry, they immediately make their way outside the larger room in which the tabulating room is contained. The mass of ‘angry voters’ on the 19th floor swells to maybe 80 people,” including many of the Republican activists from outside Florida, and joined by local protesters. As news organizations videotape the scene, the protesters reach the board offices and begin shouting slogans such as “Stop the count! Stop the fraud!” “Three Blind Mice!” and “Fraud, fraud, fraud!” and banging on doors and walls. The protesters also shout that a thousand potentially violent Cuban-Americans are on the way. Official observers and reporters are unable to force their way through the shouting crowd of Republican operatives and their cohorts. Miami-Dade spokesman Mayco Villafena is physically assaulted, being pushed and shoved by an unknown number of assailants. Security officials, badly outmanned, fear the confrontation will swell into a full-scale riot. Miami-Dade elections supervisor David Leahy orders the recounts stopped, saying, “Until the demonstration stops, nobody can do anything.” (Although board members will later insist that they were not intimidated into stopping, the recounts will never begin again. Leahy will later say: “This was perceived as not being an open and fair process. That weighed heavy on our minds.”) Meanwhile, unaware of the rioting, county Democratic chairman Joe Geller stops at another office in search of a sample ballot. He wants to prove his theory that some voters had intended to vote for Gore, but instead marked an adjoining number indicating no choice. He finds one and leaves the office. Some of the rioters spot Geller with the sample ballot, and one shouts, “This guy’s got a ballot!” Tapper will later write: “The masses swarm around him, yelling, getting in his face, pushing him, grabbing him. ‘Arrest him!’ they cry. ‘Arrest him!’ With the help of a diminutive DNC [Democratic National Committee] aide, Luis Rosero, and the political director of the Miami Gore campaign, Joe Fraga, Geller manages to wrench himself into the elevator.” Rosero stays behind to attempt to talk with a reporter, and instead is kicked and punched by rioters. A woman shoves Rosero into a much larger man in what Tapper will later theorize was an attempt to start a fight between Rosero and the other person. In the building lobby, some 50 Republican protesters and activists swarm Geller, surrounding him. Police escort Geller back to the 19th floor in both an attempt to save him from harm and to ascertain what is happening. The crowd attempts to pull Geller away from the police. Some of the protesters even accost 73-year-old Representative Carrie Meek (D-FL). Democratic operatives decide to leave the area completely. When the mob learns that the recounts have been terminated, they break forth in lusty cheers.
After-Party - After the riots, the Bush campaign pays $35,501.52 for a celebration at Fort Lauderdale’s Hyatt Regency, where the rioters and campaign officials party, enjoy free food and drink, receive congratulatory calls from Bush and Dick Cheney, and are serenaded by Las Vegas crooner Wayne Newton, singing “Danke Schoen,” German for “thank you very much.” Other expenses at the party include lighting, sound system, and even costumes.
Media Reportage - Bush and his campaign officials say little publicly about the riot. Some press outlets report the details behind the riots. The Washington Post later reports that “even as the Bush campaign and the Republicans portray themselves as above the fray,” national Republicans actually had joined in and helped finance the riot. The Wall Street Journal tells readers that Bush offered personal words of encouragement to the rioters after the melee, writing, “The night’s highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking reference by both running mates to the incident in Miami, two [Republican] staffers in attendance say.” The Journal also observes that the riot was led by national Republican operatives “on all expense-paid trips, courtesy of the Bush campaign.” And, the Journal will note, the rioters went on to attempt to disrupt the recounts in Broward County, but failed there to stop the proceedings. The Journal will write that “behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida,” with DeLay’s Capitol Hill office taking charge of the recruitment. No similar effort was made by the Gore campaign, the Journal will note: “This has allowed the Republicans to quickly gain the upper hand, protest-wise.” And the Journal will write that the Bush campaign worked to keep its distance from the riots: “Staffers who joined the effort say there has been an air of mystery to the operation. ‘To tell you the truth, nobody knows who is calling the shots,’ says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events.” But soon, media reports begin echoing Bush campaign talking points, which call the “protests” “fitting, proper,” and the fault of the canvassing board: “The board made a series of bad decisions and the reaction to it was inevitable and well justified.” The Bush campaign says the mob attack on the elections office was justified because civil rights leader Jesse Jackson had led peaceful, non-violent protests in favor of the recounts in Miami the day before. The campaign also insists that the protests were spontaneous and made up entirely of local citizens. On November 26, Governor Marc Racicot (R-MT), a Bush campaign spokesman, will tell NBC viewers: “Clearly there are Americans on both sides of these issues reflecting very strong viewpoints. But to suggest that somehow this was a threatening situation, in my view, is hyperbolic rhetoric.”
Effect of the Riot - According to Parry, the riot, broadcast live on CNN and other networks, “marked a turning point in the recount battle. At the time, Bush clung to a lead that had dwindled to several hundred votes and Gore was pressing for recounts (see November 20-21, 2000). The riot in Miami and the prospects of spreading violence were among the arguments later cited by defenders of the 5-to-4 US Supreme Court ruling (see 9:54 p.m. December 12, 2000)… that stopped a statewide Florida recount and handed Bush the presidency. Backed by the $13.8 million war chest, the Bush operation made clear in Miami and in other protests that it was ready to kick up plenty of political dust if it didn’t get its way.” In the hours after the riot, conservative pundits led by Rush Limbaugh will engage in orchestrated assaults on the recount process as fraudulent and an attempt by the Gore campaign to “invent” votes. No one is ever charged with any criminal behaviors as a result of the riot. [Consortium News, 11/24/2000; Washington Post, 11/27/2000; Village Voice, 12/19/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004; Center for American Progress, 12/9/2010]

The Gore presidential campaign files an emergency petition with the Florida Supreme Court asking the Court to force Miami-Dade County to resume its manual recount of presidential ballots (see 9:00 a.m. and after, November 22, 2000). Gore lawyers unsuccessfully argue that Miami-Dade “[v]oters had their votes inexplicably erased” (see November 7, 2000). The Court rejects the request. [Supreme Court of Florida, 11/23/2000 pdf file; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: County of Miami-Dade (Florida), Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., Florida Supreme Court

Timeline Tags: 2000 Elections

Bush supporters display ‘Sore Loserman’ signs.Bush supporters display ‘Sore Loserman’ signs. [Source: CNN / Infoimagination (.org)]The Bush campaign works with Florida Republicans to orchestrate the so-called “Sore Loserman” campaign, playing off the names of the two Democratic presidential ticket members, Al Gore (D-TN) and Joe Lieberman (D-CT), to bring pressure for the Democrats to concede the presidency to George W. Bush. Throughout the day, Republican activists protest and wave “Sore Loserman” signs outside the canvassing board offices in the Florida counties that are still recounting votes. One Gore ally is physically threatened by protesters outside the Broward County courthouse and requires bodyguards to exit the courthouse unscathed. Democrats charge that the protesters are trying to disrupt the recount effort (see 9:00 a.m. and after, November 22, 2000) and send a letter to the US Justice Department asking for an immediate investigation. [US News and World Report, 12/13/2000] A few days later, Steven Meyer, a Democratic election observer in Palm Beach County, writes that both Republicans and Democrats are busing in protesters, but Republicans are paying protesters to participate. “I doubt that the people on the Democratic side are getting paid because we don’t have the cash,” he notes. Democrats who “infiltrate” the Republican protests will report being offered pay and expense money to keep coming back. He also writes: “Now, it’s reported that many of these protesters are the same people whom Cuban groups paid to stand outside of Elian Gonzalez’s home in Little Havana. It’s a regular cottage industry—have sign and clever slogan, will travel.” [American Prospect, 12/14/2000] Gonzalez is a young Cuban-American boy who became a cause celebre for some conservatives who accused the Clinton administration of enabling his Cuban father to “kidnap” him and return with him to Cuba after his mother died. [New York Times, 1/14/2000]

Entity Tags: Elian Gonzalez, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Clinton administration, County of Palm Beach (Florida), Joseph Lieberman, Steven Meyer, George W. Bush presidential campaign 2000, George W. Bush, US Department of Justice, County of Broward (Florida)

Timeline Tags: 2000 Elections

Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election.Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election. [Source: Salon]Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), certifies George W. Bush (R-TX) the winner of Florida’s presidential election, though according to a Florida Supreme Court ruling she can choose to accept recount tallies through November 27 (see November 20-21, 2000). She chooses not to do so. Harris says Bush has a 537-vote lead. Her totals are: Bush, 2,912,790; Vice President Al Gore (D-TN), 2,912,253. The totals include none of the recounted ballots from either Palm Beach or Miami-Date Counties, both of which did not complete their recounts by Harris’s deadline (see 9:00 a.m. and after, November 22, 2000 and 2:45 p.m. November 26, 2000). Ongoing legal actions by both parties keep the election in doubt. Regardless, Governor Jeb Bush, George W. Bush’s brother, signs the Certificate of Ascertainment designating 25 Florida electors pledged to George W. Bush and transmits the document to the National Archives as required by Title 3, US Code, Section 6. Three days later, a Florida legislative committee will recommend a special session to name the state’s 25 representatives to the Electoral College, where they will presumably cast their votes for Bush. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] If Bush is indeed the winner of the Florida presidential election, he has enough electoral votes to assume the presidency (see November 9, 2000). The Gore campaign refuses to accept Harris’s certification, and says it will ask Florida courts to order recounts of thousands of disputed votes. Gore’s running mate Joe Lieberman says, “This evening, the secretary of state of Florida has decided to certify what—by any reasonable standard—is an incomplete and inaccurate count of the votes cast in the state of Florida.” The Gore campaign is working out details of what will be a formal “contest” of the results, and will ask a state judge to order court-appointed “special masters” to complete interrupted recounts of about 2,000 uncounted votes in Palm Beach County and 10,700 uncounted votes in Miami-Dade County. They also want an inquiry into the Nassau County returns, where Gore officials believe Bush was wrongly credited with some 51 votes, and are considering challenging the legality of Palm Beach’s controversial “butterfly ballots.” Gore’s chief lawyer David Boies says: “We’re preparing contest papers that will be filed Monday, as early in the day as we can get them done. Until these votes are counted, this election cannot be over.” Republicans intend to use Harris’s ruling to publicly pressure Gore into conceding the election, pressure the Gore campaign says it is prepared to combat. Miami-Dade County, expected to yield enough votes in a recount to swing the election in favor of Gore, called off its recount under pressure from Republican protesters and due to time constraints (see 9:00 a.m. and after, November 22, 2000). [Salon, 11/25/2000; Guardian, 11/27/2000; Guardian, 11/28/2000] Investigative reporter Robert Parry will later write that Harris deliberately allowed Nassau County to throw out its recounted figures that gave Gore the 51 votes. [Consortium News, 8/5/2002] A brief furor ensues when some media outlets mistakenly report that 500 absentee ballots “not previously counted” were discovered in Broward County. The story is not true. [Salon, 11/25/2000] According to state law, it is only now that Gore can ask for a statewide recount. [Vanity Fair, 10/2004] Former President Jimmy Carter tells a reporter: “More than two weeks will remain before Florida’s 25 electors will have to be named, and then two more months before a new president will be sworn into office. We must not sacrifice speed for accuracy in deciding who has been chosen by the voters to take that oath.” [Salon, 11/25/2000]

Entity Tags: Al Gore presidential campaign 2000, Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., County of Miami-Dade (Florida), County of Broward (Florida), George W. Bush, County of Palm Beach (Florida), Katherine Harris, Robert Parry, James Earl “Jimmy” Carter, Jr., George W. Bush presidential campaign 2000, Joseph Lieberman, John Ellis (“Jeb”) Bush

Timeline Tags: 2000 Elections

The clerks for the four liberal justices at the Supreme Court—John Paul Stevens, Stephen Breyer, David Souter, and Ruth Bader Ginsburg—continue their speculation as to whether the Court will actually attempt to decide the presidential election ((see November 20-21, 2000 and November 22-24, 2000), especially in light of Florida’s recent attempt to certify George W. Bush as the winner (see 7:30 p.m. November 26, 2000). At a November 29 dinner attended by clerks from several justices, a clerk for Justice Sandra Day O’Connor tells the group that O’Connor is determined to overturn the Florida Supreme Court’s decision to go ahead with manual recounts of election ballots (see 3:00 p.m., November 16, 2000). One clerk recalls the O’Connor clerk saying, “she thought the Florida court was trying to steal the election and that they had to stop it.” O’Connor has the reputation of deciding an issue on her “gut,” then finding legal justifications for supporting her decision. Unbeknownst to anyone outside the Court, O’Connor has already made up her mind. Gore lawyers in particular will spend endless hours trying to craft arguments to sway her vote, when the actual case will come down to Justice Anthony Kennedy, who originally wanted to accept the case. Many clerks of both liberal and conservative justices have little respect or regard for Kennedy. They consider him, according to a 2004 Vanity Fair article, “pompous and grandiloquent.” They believe he fills his office with elaborate, expensive decorations and trappings, including an elaborate chandelier, to give the idea of his power and importance. “The clerks saw his public persona—the very public way in which he boasted of often agonizing over decisions—as a kind of shtick, a very conspicuous attempt to exude fairness and appear moderate, even when he’d already made up his mind,” according to the Vanity Fair article. Conservative clerks suspect Kennedy of untoward liberal leanings, and have taken steps to ensure that the clerks he receives are ideologically sound. One liberal clerk later explains the conservative justices’ reasoning, saying, “The premise is that he can’t think by himself, and that he can be manipulated by someone in his second year of law school.” By now, Kennedy is surrounded by clerks from the hard-right Federalist Society. “He had four very conservative, Federalist Society white guys, and if you look at the portraits of law clerks on his wall, that’s true nine times out of 10,” another liberal law clerk will recall. “They were by far the least diverse group of clerks.” The conservative and liberal clerks do not socialize with one another as a rule, so it is unusual when, a day after the clerk dinner, Kevin Martin, a clerk for conservative justice Antonin Scalia, visits Stevens’s chambers. Martin went to Columbia Law School with Stevens’s clerk Anne Voigts, and he wants to see if he can explain to her the conservatives’ judicial point of view. However, two other Stevens clerks, Eduardo Penalver and Andrew Siegel, believe Martin is on some sort of reconnaissance mission, attempting to find out what grounds Stevens will cite to argue against overturning the Florida decision. Penalver and Siegel believe Martin is trying to manipulate Voigts, and Martin, after telling them to “F_ck off!” storms out of Stevens’s chambers. Clerks from O’Connor’s staff pay similar visits to other liberal justices, though these conversations do not end so contentiously. [Vanity Fair, 10/2004] O’Connor said to partygoers when the news networks announced the election for Al Gore, “This is terrible” (see After 7:50 p.m. November 7, 2000).

Entity Tags: Eduardo Penalver, Anthony Kennedy, Anne Voigts, Andrew Siegel, Albert Arnold (“Al”) Gore, Jr., David Souter, US Supreme Court, Vanity Fair, Sandra Day O’Connor, George W. Bush, Florida Supreme Court, Federalist Society, Antonin Scalia, Kevin Martin, John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

Democrats for the presidential campaign of Al Gore file papers in the Florida Supreme Court asking the Court to order an immediate hand recount of some 14,000 disputed “undervote” ballots in two heavily Democratic Florida counties, Miami-Dade and Palm Beach (see November 28 - December 2, 2000). Any delay, the Gore lawyers argue, would make it a “virtual impossibility” to resolve the issue by the December 12 deadline for presidential certification. On December 1, the Court will reject the request. [Supreme Court of Florida, 12/1/2000 pdf file; US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: County of Miami-Dade (Florida), County of Palm Beach (Florida), Al Gore presidential campaign 2000

Timeline Tags: 2000 Elections

After Aryan Nations leader Richard Butler (see Early 1970s) loses his compound to a civil judgment (see 2000), racist millionaire Vincent Bertollini buys him a house in Hayden, Idaho. Butler, beset by age and infirmity as well as the enormous financial burden of the civil judgment, will see the group eventually disintegrate, riven by dissension and rivalry among various members hoping to assume the mantle of leadership. Many Aryan Nations state chapters fold and the organization’s membership dwindles. The members of an Alabama chapter of the Ku Klux Klan, formerly affilates of the Nations, renounce their membership. Montana leader Charles Mangels leaves the organization after Butler accuses Mangels of trying to depose him; Mangels goes on to found a rival organization in Montana. Another rival, August Kreis, insists that he now leads the organization from his Pennsylvania power base. Butler names Neuman Britton, the organization’s California leader, as his eventual successor, but Britton dies shortly thereafter. Butler then chooses Ohio member Harold Ray Redfeairn as his heir apparent. Redfeairn (see Late 1990s) is a poor choice; a paranoid schizophrenic who served prison time for shooting a police officer, he and Kreis attempt to overthrow Butler in an internal coup, and Redfeairn leaves the group. He will return in 2003 and once again be named Butler’s successor, but will die shortly thereafter. [Southern Poverty Law Center, 12/2003; Southern Poverty Law Center, 2010; Southern Poverty Law Center, 2010]

Entity Tags: Ku Klux Klan, Aryan Nations, August Kreis, Harold Ray Redfeairn, Neuman Britton, Richard Girnt Butler, Charles Mangels, Vincent Bertollini

Timeline Tags: US Domestic Terrorism

The US Supreme Court hears oral arguments on the Bush presidential campaign’s challenge on constitutional grounds of Florida Supreme Court’s ruling on selective manual recounts (see November 20-21, 2000). The case is Bush v. Palm Beach Canvassing Board. Throngs of protesters surround the Supreme Court building. Inside, the justices’ questions indicate that they are divided on the legality of the Florida high court’s intervention, and some justices seem to think that Florida courts should resolve the issue. Justice Anthony Kennedy says, “We’re looking for a federal issue.” Justice Stephen Breyer asks, “What’s the consequence of our going one way or the other now in this case?” Observers will later describe Laurence Tribe, an experienced Supreme Court litigator representing the Gore campaign, as listless and flat, while Theodore Olson, arguing the Bush campaign’s case, is “more impressive.” Chief Justice William Rehnquist and Justice Antonin Scalia give the impression that they believe the Florida Supreme Court encroached on the Florida legislature’s bailiwick. Justices Kennedy and Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) express their irritation with the Gore arguments. When the arguments are over, the justices meet in chambers for the usual conference. At one end of the argument is Scalia, who wants to overturn the Florida decision and in essence award George W. Bush the election, and at the other, Justice John Paul Stevens, who wants the Court to stay out of the case altogether. Neither justice can command a majority among the other seven. Rehnquist begins drafting a ruling asking the Florida high court to clarify its ruling, to cite the state constitution in its decision (which the Bush team had argued would have been improper), or under state law (which the Bush team had found arguably permissible). All nine justices eventually sign onto Rehnquist’s opinion. A 2004 Vanity Fair article will observe: “The unanimity was, in fact, a charade; four of the justices had no beef at all with the Florida Supreme Court, while at least four others were determined to overturn it. But this way each side could claim victory: the liberal-to-moderate justices had spared the Court a divisive and embarrassing vote on the merits, one they’d probably have lost anyway. As for the conservatives, by eating up Gore’s clock—Gore’s lawyers had conceded that everything had to be resolved by December 12—they had all but killed his chances to prevail, and without looking needlessly partisan in the process. With the chastened Florida court unlikely to intervene again, the election could now stagger to a close, with the Court’s reputation intact, and with Bush all but certain to win.” On December 4, in a setback for the Gore campaign, the Court unanimously sets aside the Florida Supreme Court ruling and remands for clarification the Florida Supreme Court’s decision. [Supreme Court of the United States, 12/4/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004; Leip, 2008]

Entity Tags: George W. Bush, Antonin Scalia, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Florida Supreme Court, William Rehnquist, Sandra Day O’Connor, US Supreme Court, County of Palm Beach (Florida), Laurence Tribe, John Paul Stevens, Theodore (“Ted”) Olson, George W. Bush presidential campaign 2000, Vanity Fair, Stephen Breyer

Timeline Tags: 2000 Elections

Leon County, Florida, Judge N. Saunders Sauls rules against the Gore campaign in the recount issue (see November 28 - December 2, 2000), saying that manual recounts in Miami-Dade and Palm Beach Counties are not warranted, and the Nassau County vote totals should stand. Sauls also refuses to block Florida’s certification of George W. Bush as the Florida presidential winner (see 7:30 p.m. November 26, 2000). The London Guardian calls the ruling a “crushing blow” to Al Gore’s chances of winning the disputed election. Sauls rules that there is “no credible statistical evidence and no other competent substantial evidence” to establish a reasonable probability that Gore might win if granted a hand recount of the undervotes. “This court… concludes the evidence does not establish any illegality, dishonesty, improper influence, coercion, or fraud in the balloting and counting processes,” Sauls rules. The ruling also restores Bush’s 930-vote lead that existed before recount numbers were taken into account (see November 18, 2000). After Saul’s ruling, Gore’s lead attorney David Boies says the campaign will appeal the ruling to the Florida Supreme Court, and that the campaign had always assumed the case would end up in that court. “What has happened today is that we have moved one step closer to having this finally resolved,” he tells reporters, but admits that in this instance, “They won, we lost.” Boies notes that after the incredible effort expended to bring over a million ballots to Sauls’s courtroom, the judge never looked at them. “The ballots were the best evidence of the intents of the voters,” Boies says. “This was the first court in an election contest where the court has refused to look at the ballots.” The Florida high court will hear the appeal on December 7. [Circuit Court of the Second Judicial Circuit, In and For Leon County, Florida, 12/4/2000 pdf file; Guardian, 12/5/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Leon (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, George W. Bush, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

David Boies.David Boies. [Source: BBC]The Florida Supreme Court hears arguments from both the Gore and Bush presidential campaigns in Al Gore’s appeal of a ruling that rejected his campaign’s request to mandate recounts in three Florida counties (see 9:00 a.m. November 30, 2000 and After). Bush campaign lawyer Barry Richard argues that there is no “evidence to show that any voter was denied the right to vote” and calls the Gore campaign’s contest “a garden-variety appeal.” Gore lawyer David Boies contends that while time is running out, “the ballots can be counted” before the December 12 deadline for naming electors. In a 4-3 decision, the Court reverses the decisions of Judge N. Saunders Sauls (see 4:43 p.m. December 4, 2000), ordering recounts of “undervotes” in Miami-Dade and Palm Beach counties as well as all other Florida counties that have not yet manually recounted undervotes. “Undervotes” are noted on ballots that were not recorded by voting machines as making a choice for president. The Court also directs the lower court to add 168 votes from Miami-Dade and 215 votes from Palm Beach to Gore’s state totals, narrowing the George W. Bush lead to a mere 154 votes. London’s Guardian observes, “That margin could easily be overturned with a recount of the disputed ballots which mainly came from Democratic precincts in Miami-Dade.” Perhaps 45,000 undervotes statewide remain to be counted. Bush campaign attorney James Baker says the Court’s ruling may “disenfranchise Florida’s votes in the Electoral College.” Congressional Democrats Richard Gephardt (D-MO) and Tom Daschle (D-SD) release a joint statement calling for a “full, fair, and accurate vote count,” and saying there is “more than enough time to count ballots cast but never counted.” Within hours, Bush lawyers ask the US Supreme Court for an emergency stay of the decision, which will be granted (see December 8-9, 2000). [Supreme Court of Florida, 12/8/2000 pdf file; Guardian, 12/9/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court decision is also seen as something of a repudiation of the Supreme Court’s earlier decision for clarification (see 10:00 a.m. December 1 - 4, 2000). Clerks for the Supreme Court justices are now certain that their Court will decide the presidential election. Justice Antonin Scalia, the most implacable of the conservative justices determined to overturn the Florida high court and give the election to Bush, wants to grant the Bush request for a stay even before receiving the Gore lawyers’ response, a highly unusual request that is not granted. He argues that the manual recounts are in and of themselves illegitimate, and says the recounts will cast “a needless and unjustified cloud” over Bush’s legitimacy. It is essential, he says, to shut down the process immediately. Clerks for both the liberal and conservative justices are amazed, and some appalled, at how bluntly Scalia is pushing what appears to be a partisan agenda. [Vanity Fair, 10/2004]

Entity Tags: David Boies, Barry Richard, Antonin Scalia, Al Gore presidential campaign 2000, County of Palm Beach (Florida), US Supreme Court, Richard Gephardt, The Guardian, N. Saunders Sauls, Tom Daschle, James A. Baker, George W. Bush presidential campaign 2000, Florida Supreme Court, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

The Bush campaign seeks stays in the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and the US Supreme Court regarding the acceptance of 43,852 “undervote” recounts in Florida counties. Most importantly, the Bush campaign also asks the US Supreme Court for a writ of certiorari, which would declare its candidate the winner of the Florida presidential election. Both the Florida Supreme Court and Eleventh Appeals Court refuse to issue the stay. Most observers believe that if the recounts are completed and their vote totals tabulated, Democrat Al Gore will win enough votes to win Florida, and thusly become president. Currently Republican George W. Bush has a mere 193-vote lead (see December 7-8, 2000), and recount totals from Miami-Dade County alone are expected to give Gore more than this amount. One example of the problematic situation in Florida is with Duval County, which includes the city of Jacksonville, where claims of massive African-American disenfranchsement and discrimination (see November 7, 2000) have already tainted the balloting. Duval has 4,967 undervotes, but they are mixed in with 291,000 others, all stored in boxes in a vault. The all-Republican electoral board, as seen on national television, has begun examining ballots, but as The Guardian observes, “with such painstaking reluctance to proceed, it amounted to an effective filibuster.” Democratic spokeswoman Jenny Backus tells reporters, “What we’ve heard is that they’re going to try to slow this down by every means they can.” However, the US Supreme Court issues the requested stay and the undervote tabulation stops. The Court does not issue the requested writ of certiorari. [Supreme Court of the United States, 12/8/2000 pdf file; Supreme Court of the United States, 12/9/2000 pdf file; Guardian, 12/10/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The divide among the nine US Supreme Court justices is plain. The five conservative justices, led by Antonin Scalia, have since December 4 been circulating memos among themselves and their clerks, bouncing various arguments off one another in what the liberal justices’ clerks feel is an attempt to audition and solidify their arguments in favor of overturning the Florida high court’s decision and giving the presidency to Bush. The four liberal justices, led by John Paul Stevens, have long felt that the Court had no business being involved in the issue, that it was instead up to the Florida judiciary and legislature to settle the matter. Stevens, writing the anticipated dissent for the minority, has to ask the majority for more time to complete his dissent, so eager are they to issue their ruling. When Scalia sees in Stevens’s dissent the line that says, “counting every legally cast vote cannot constitute irreparable harm”—a direct rebuke to Scalia’s earlier argument that the Florida recounts would do “irreparable harm” to a Bush presidency—Scalia inadvertently delays the proceedings to write his own angry rejoinder, which reads in part, “Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.” Scalia’s nakedly partisan stance discomfits even some of the other conservative justices’ clerks and angers the liberal clerks. “The Court had worked hard to claim a moral high ground, but at that moment he pissed it away,” one later recalls. “And there was a certain amount of glee. He’d made our case for us to the public about how crassly partisan the whole thing was.” After Scalia finishes his rejoinder, the Court issues its stay, stopping all further recounts. Gore himself, unaware of the arguments and partisanship dividing the Court, still holds out hope that one of the conservatives—O’Connor or Anthony Kennedy, perhaps (see After 7:50 p.m. November 7, 2000 and (November 29, 2000))—can be reached. “Please be sure that no one trashes the Court,” he admonishes his staffers. Gore decides to have campaign lawyer David Boies instead of Laurence Tribe argue the campaign’s case in the upcoming arguments, perhaps hoping that Boies, more moderate than the outspokenly liberal Tribe, might win some support from either Kennedy or O’Connor. Boies has also been representing Gore in Florida, and can presumably reassure the justices of the fundamental fairness of what is happening there. The liberal clerks have no such illusions. What hopes they have now are pinned on the press. One has heard a rumor that the Wall Street Journal is preparing to publish a story reporting that O’Connor had been overheard at a dinner party expressing her opposition to a Gore presidency; that report, the clerks hope, might force O’Connor to recuse herself from the decision and tie the court at 4-4. However, O’Connor has no such intention. Gore’s lawyers, aware of O’Connor’s statements, consider asking her to recuse herself, but decide instead to restrain themselves in hopes that she will, according to a 2004 Vanity Fair article, “now lean toward them to prove her fairness.” [Vanity Fair, 10/2004]

Entity Tags: County of Miami-Dade (Florida), Wall Street Journal, County of Duval (Florida), Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, The Guardian, John Paul Stevens, Laurence Tribe, George W. Bush presidential campaign 2000, George W. Bush, Sandra Day O’Connor, Florida Supreme Court, Jenny Backus, Antonin Scalia, David Boies

Timeline Tags: 2000 Elections

The Florida Legislature convenes a special session to debate Republicans’ plan to independently name a slate of electors to vote for George W. Bush as president in the US Electoral College (see 5:16 p.m. December 6, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Florida State Legislature

Timeline Tags: 2000 Elections

Florida Judge Terry Lewis orders that Florida counties complete their manual recounts by 2:00 p.m. December 10. Lewis’s ruling comes in the wake of the Florida Supreme Court ordering immediate “undervote” recounts (see December 7-8, 2000). Before Lewis’s deadline can be reached, the US Supreme Court will issue a stay of the Florida high court’s ruling (see December 8-9, 2000), rendering Lewis’s deadline moot. [US News and World Report, 12/13/2000]

Entity Tags: Florida Supreme Court, Terry Lewis, US Supreme Court

Timeline Tags: 2000 Elections

As per a Florida Supreme Court ruling (see December 7-8, 2000), Florida counties begin a statewide manual recount of “undervote” ballots before the US Supreme Court issues a stay halting the recounts (see December 8-9, 2000). [Leip, 2008]

Entity Tags: US Supreme Court, Florida Supreme Court

Timeline Tags: 2000 Elections

An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case.An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case. [Source: Authentic History]The US Supreme Court begins hearing oral arguments in the lawsuit Bush v. Gore on the Florida recounts and election results. The Bush campaign has challenged the legality of a Florida Supreme Court ruling mandating the recounting of “undervote” ballots (see December 7-8, 2000). Bush lawyers argue that manual recounts violate the Constitution’s mandate of equal protection. Gore lawyers argue that the overriding issue is the importance of counting each vote cast. By the afternoon, the public is hearing the arguments via audiotapes. Justice Antonin Scalia, one of the Court’s most hardline conservatives, drew criticism when he said in an earlier opinion that the majority of the Court believed that George W. Bush had “a substantial probability of success,” a conclusion disputed by other justices such as John Paul Stevens. Scalia now says that he is inclined to vote in favor of Bush because, he says, “the counting of votes that are of questionable legality does in my view threaten irreparable harm [to Bush]” (see December 8-9, 2000). [Guardian, 12/11/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Kennedy Determines that 'Equal Protection' Is Key to Reversing Florida Decision - Al Gore’s lawyers, led by David Boies, believe that one of the Bush team’s arguments is flawed: the idea that the Florida Supreme Court exceeded its bounds restricts one appellate court far more than another appellate court is willing to condone. Unbeknownst to the Gore lawyers, Justice Anthony Kennedy agrees with the Gore team on this issue. Kennedy has no intention of finding in favor of the Gore position, but he does want the other four conservatives on the bench to come together behind the Bush argument that using different standards for ballot evaluation in different counties violates the equal-protection clause of the Constitution, an argument that most of the justices, litigants, and clerks have not considered up until now. As a practical matter, enforcing a single standard of ballot evaluation among the disparate Florida counties would be virtually impossible. And the Court under the leadership of Chief Justice William Rehnquist has, until now, been reluctant to interpret the equal-protection clause except in the narrowest of circumstances. Neither the Bush nor the Gore lawyers had given that argument a lot of attention, but it will prove the linchpin of the Court’s majority decision. As oral arguments proceed, and Kennedy pretends to not understand why this is a federal argument, clerks for the liberal justices find themselves sourly amused at Kennedy’s pretense. “What a joke,” one says to another. When Kennedy cues Bush lawyer Theodore Olson that he is interested in the equal protection clause as an argument—“I thought your point was that the process is being conducted in violation of the equal-protection clause, and it is standardless”—Olson quickly pivots and begins building his case under that rubric. Liberal justices Stephen Breyer and David Souter use the equal-protection argument to suggest that the best and simplest solution is simply to remand the case back to the Florida Supreme Court and ask it to set a uniform standard. Breyer has been working for days to convince Kennedy to join the four liberals in sending the case back to Florida, and for a time during the oral arguments, believes he may have succeeded. The liberal clerks have no such hopes; they believe, correctly, that Kennedy is merely pretending to consider the option. “He probably wanted to think of himself as having wavered,” one clerk later says. A brief private chat with Scalia and his clerks during oral arguments may have swayed Kennedy back into the fold, assuming he is wavering at all.
Demands for Identical Standards among All Florida Counties - Justice Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) rails at Boies over the idea that the 67 counties cannot all have the same standards of ballot evaluation, and shows impatience with Boies’s explanation that for over 80 years, the Florida courts have put the idea of “voter intent” over identical ballot identification standards. [Vanity Fair, 10/2004]

Entity Tags: David Souter, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Rehnquist, US Supreme Court, Sandra Day O’Connor, Stephen Breyer, Theodore (“Ted”) Olson, George W. Bush, George W. Bush presidential campaign 2000, John Paul Stevens, Florida Supreme Court, Antonin Scalia

Timeline Tags: 2000 Elections

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