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Context of 'November 10, 2000: Presidential Biographer Falsifies History in Saying that Gore, Like Nixon, Should Concede Election'

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The US Congress passes the Fifteenth Amendment, giving African-American men, and in theory men of other minorities, the right to vote. The Amendment reads, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Over a century later, the American Civil Liberties Union (ACLU) will write, “In addition to the Thirteenth Amendment, which abolishes slavery, and the Fourteenth Amendment, which guarantees equal protection under the law, the Fifteenth Amendment is one of the major tools which enabled African-Americans to more fully participate in democracy.” It will be ratified by the states in 1870. [American Civil Liberties Union, 2012; The Constitution: Amendments 11-27, 2012]

Entity Tags: US Congress, American Civil Liberties Union

Timeline Tags: Civil Liberties

Florida’s legislature passes a number of laws designed to disenfranchise African-American voters. The provisions include a poll tax and an “eight box law,” under which voters are required to place ballots in correct boxes which are then shifted throughout the day. Between 1888 and 1892, voter turnout among African-Americans will drop from 62 percent to 11 percent. [American Civil Liberties Union, 2012]

Entity Tags: Florida State Legislature

Timeline Tags: Civil Liberties

An excerpt from a ‘Harper’s Weekly’ cartoon from 1876 showing two white men menacing a black man attempting to cast a vote. The cartoon illustrates the effect of the ‘grandfather clause.’ An excerpt from a ‘Harper’s Weekly’ cartoon from 1876 showing two white men menacing a black man attempting to cast a vote. The cartoon illustrates the effect of the ‘grandfather clause.’ [Source: Harper's / St. John's School]The Louisiana legislature adopts a so-called “grandfather clause” designed to disenfranchise African-American voters. As a result, the percentage of registered black voters drops from 44.8 percent in 1896 to 4 percent in 1890. Louisiana’s lead is followed by similar laws being passed in Mississippi, South Carolina, Alabama, and Virginia. Louisiana’s “grandfather clause” requires voters to register between January 1, 1897 and January 1, 1898. It imposes a literacy test. Illiterate or non-property owning voters whose fathers or grandfathers were not eligible to vote in 1867 (as per the Fifteenth Amendment—see February 26, 1869) are not allowed to register. Almost all African-Americans were slaves in 1867, and were not allowed to vote. The American Civil Liberties Union will later write, “[T]he measure effectively disfranchises all black voters who cannot read or write or who do not own more than $300 in property.” [School, 2011; American Civil Liberties Union, 2012]

Entity Tags: Louisiana State Legislature, American Civil Liberties Union

Timeline Tags: Civil Liberties

The US Supreme Court upholds a Mississippi law requiring citizens to pass a literacy test before being allowed to vote. The Williams v. Mississippi decision holds that such tests do not violate the Fifteenth Amendment (see February 26, 1869) as long as they are applied equally to all prospective voters. The literacy test stemmed from a state “Constitutional convention” that codified a “compromise” between white slaveowners and those who opposed their iron control of the Mississippi state government. The compromise would declare all illiterate Mississippi citizens as ineligible to vote, but the real purpose of the convention—to disenfranchise blacks—was well known. James Kimble Vardaman, who would later become governor, said of the convention: “There is no use to equivocate or lie about the matter. Mississippi’s constitutional convention was held for no other purpose than to eliminate the n_gger from politics; not the ignorant—but the n_gger.” White Republican Marsh Cook challenged the Democrats for a seat to the convention and was murdered in response. The only African-American delegate to the convention, Isaiah Montgomery, was invited because of his willingness to support disenfranchisement. The convention established the literacy test, establishing as a proper test the reading of any selected section of the Mississippi Constitution, or giving a valid explanation of it once it was read to the voter. Registrars would interpret the success or failure of the voters’ attempts to pass the test. Since all Mississippi registrars are white, the likelihood that even a literate African-American would pass the test was slim at best. However, the Court ignores the intent of the law to disenfranchise blacks, writing: “[T]he operation of the constitution and laws is not limited by their language or effects to one race. They reach weak and vicious white men as well as weak and vicious black men, and whatever is sinister in their intention, if anything, can be prevented by both races by the exertion of that duty which voluntarily pays taxes and refrains from crime.” Other states, mainly Southern, will quickly adopt their own version of literacy tests. [PBS, 2002; PBS, 12/2006]

Entity Tags: James Kimble Vardaman, Marsh Cook, US Supreme Court, Isaiah Montgomery

Timeline Tags: Civil Liberties

Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ [Source: Black Americans in Congress]President Theodore “Teddy” Roosevelt signs the Tillman Act into law. The Act prohibits monetary contributions to national political campaigns by corporations and national banks. Roosevelt, dogged by allegations that he had accepted improper donations during his 1904 presidential campaign, has pushed for such restrictions since he took office (see August 23, 1902 and December 5, 1905). [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Senator Benjamin Tillman (D-SC), later described by National Public Radio as a “populist and virulent racist,” sponsored the bill. [National Public Radio, 2012] In 1900, Tillman was quoted as saying about black voters: “We have done our level best. We have scratched our heads to find out how we could eliminate every last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it.” [Atlas, 2010, pp. 205] Unfortunately, the law is easily circumvented. Businesses and corporations give employees large “bonuses” with the understanding that the employee then gives the bonus to a candidate “endorsed” by the firm. Not only do the corporations find and exploit this loophole, they receive an additional tax deduction for “employee benefits.” The law will be amended to cover primary elections in 1911 (see 1911). [Campaign Finance Timeline, 1999]

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

The Federal Corrupt Practices Act (FCPA), also called the Publicity Act, is passed. It will remain the backbone of American campaign finance regulation until expanded in 1925 (see 1925). It expands upon the Tillman Act’s prohibition against corporate and bank donations to federal election campaigns (see 1907) by enacting campaign spending limits on US House election campaigns. It also requires full disclosure of all monies spent and contributed during federal campaigns. In 1911, the FCPA will be amended to cover Senate elections as well, and to set spending limits on all Congressional races. However, the bill fails to provide for enforcement and verification procedures, so the law remains essentially useless. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] The law is rendered even less powerful after the Supreme Court overturns its provision limiting House and Senate candidate spending. [Pearson Education, 2004]

Entity Tags: Federal Corrupt Practices Act, Tillman Act

Timeline Tags: Civil Liberties

The US Supreme Court overrules Oklahoma’s “grandfather clause” law in the case of Guinn v. United States, finding the law unconstitutional. The Oklahoma law is similar to laws passed in Louisiana and other states (see 1896) in order to ensure that African-Americans cannot legally vote regardless of the Fifteenth Amendment (see February 26, 1869). Illiterate males can vote only if they can prove their grandfathers had the right to vote. Since almost all African-Americans were slaves during that time, it is impossible for almost all African-Americans to prove their grandfathers had the right to vote. Illiterate white men, however, can often prove their grandfathers could vote. [PBS, 12/2006; American Civil Liberties Union, 2012]

Entity Tags: US Supreme Court

Timeline Tags: Civil Liberties

The federal government revises and expands the Federal Corrupt Practices Act (FCPA—see June 25, 1910), a campaign finance law that lacks any enforcement or verification mechanisms, in the wake of the Teapot Dome corruption scandal. The amended version codifies and revises the expenditure limits and disclosure procedures for US Congressional candidates. It will replace the original FCPA as well as its predecessor, the Tillman Act (see 1907), and will remain the backbone of American campaign finance law until 1971. All campaign spending is strictly regulated, with contributions of $50 and over during a calendar year mandated to be reported. Senatorial candidates can spend no more than three cents for each voter in the last election, to a maximum of $25,000. House candidates may also spend up to three cents per voter in the last election, up to a $5,000 maximum. Offers of patronage and contracts are banned, as is any form of bribery. Corporate contributions of all kinds are banned. However, the power of enforcement is entirely vested within Congress, and thusly is routinely ignored. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Pearson Education, 2004; National Public Radio, 2012] In 1966, President Lyndon B. Johnson will refer to the FCPA as “more loophole than law.” [Connecticut Network, 2006 pdf file; National Public Radio, 2012]

Entity Tags: Tillman Act, Federal Corrupt Practices Act

Timeline Tags: Civil Liberties

Congress passes the Public Utilities Holding Act, which bars public utility companies from making federal campaign contributions. Essentially, the act extends the ban on corporate contributions (see 1925) to utility companies, as they are not covered under existing law, and, under the administration of President Franklin Roosevelt, are growing rapidly in power and influence. Roosevelt had been elected to office in 1932 on a platform of “good government,” a longtime staple of Democratic Party platforms. The message played particularly well with voters after the economic policies and political corruption of the administration of President Herbert Hoover, a Republican, were widely blamed for the Great Depression. Republicans, stung by the failures of the Hoover administration, also declare their support for campaign finance reform, and the act passes with little resistance. [Campaign Finance Timeline, 1999]

Entity Tags: Franklin Delano Roosevelt, Democratic Party, Republican Party, US Congress, Herbert Hoover

Timeline Tags: Civil Liberties

The US Supreme Court, ruling in Breedlove v. Settles, finds a poll tax implemented in Georgia law to be constitutional. The Court decision effectively abrogates the right of most African-Americans in Georgia to vote, as most of them cannot pay the poll tax. The Court ruling serves to disenfranchise many African-Americans for decades. Some Southern states will employ poll taxes well into the 1960s. [PBS, 12/2006; American Civil Liberties Union, 2012]

Entity Tags: US Supreme Court

Timeline Tags: Civil Liberties

Amendments to the federal Hatch Act of 1939, also known as the Clean Politics Act, set limits of $5,000 per year on individual contributions to a federal candidate or political committee. However, they do not prohibit donations from the same individual to multiple committees all working for the same candidate. The restrictions apply to primary elections as well as federal elections. Additionally, they bar contributions to federal candidates from individuals and businesses working for the federal government. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file]

Entity Tags: Hatch Act of 1939

Timeline Tags: Civil Liberties

The Smith-Connally Act restricts contributions to federal candidates from labor unions as well as from corporate and interstate banks (see 1925). The law is passed in response to the powerful influence of labor unions in elections beginning in 1936, where some unions used labor dues to support federal candidates [Center for Responsive Politics, 2002 pdf file] , and by public outrage at a steelworkers’ union going on strike for higher wages during the war, an action characterized by many as unpatriotic. The law was written both to punish labor unions and to make lawmakers less dependent on them and their contributions. [Campaign Finance Timeline, 1999] One example held up to scrutiny is the 1936 donation of $500,000 in union funds to the Democratic Party by John L. Lewis of the Congress of Industrial Organizations (CIO). [Connecticut Network, 2006 pdf file] Motivated by anti-union and anti-liberal sentiment after the war’s end, the Taft-Hartley Act (see June 23, 1947) will make the ban permanent. [Campaign Finance Timeline, 1999]

Entity Tags: Smith-Connally Act, Democratic Party, Congress of Industrial Organizations, John L. Lewis

Timeline Tags: Civil Liberties

The Taft-Hartley Act makes permanent the ban on contributions to federal candidates from unions (see June 25, 1943), corporations, and interstate banks (see 1925), and extends the regulations to cover primaries as well as general elections. It also requires union leaders to affirm that they are not supporters of the Communist Party. President Harry S. Truman unsuccessfully vetoed the bill when it was sent to his desk, and when Congress passes it over his veto, he echoes AFL-CIO leader John L. Lewis by denouncing the law as a “slave-labor bill.” Taft-Hartley declares the unions’ practice of “closed shops” illegal (employers agreeing with unions to hire only union members, and require employees to join the union), and permits unions to have chapters at a business only if approved by a majority of employees. The law also permits employers to refuse to bargain with unions if they choose. And, it grants the US attorney general the power to obtain an 80-day injunction if in his judgment a threatened or actual strike “imperil[s] the national health or safety.” [Federal Elections Commission, 1998; U-S History (.com), 2001; Center for Responsive Politics, 2002 pdf file; John Simkin, 2008]

Entity Tags: John L. Lewis, Harry S. Truman, Taft-Hartley Act

Timeline Tags: Civil Liberties

In the case of United States v. Auto Workers, the Supreme Court reverses a lower court’s dismissal of an indictment against a labor union accused of violating federal laws prohibiting corporations and labor unions from making contributions or expenditures in federal elections (see June 23, 1947). Justice Felix Frankfurter writes the majority opinion; Chief Justice Earl Warren and Justices William O. Douglas and Hugo Black dissent. In a 5-3 decision, the Court finds the International Union United Automobile, Aircraft, and Agricultural Implement Workers of America liable for its practice of using union dues to sponsor television commercials relating to the 1954 Congressional elections. [UNITED STATES v. AUTO. WORKERS, 2011; Moneyocracy, 2/2012] Law professor Allison R. Hayward will later write that in her opinion the Court finding created “a fable of campaign finance reform… dictated by political opportunism. Politicians used reform to exploit public sentiment and reduce rivals’ access to financial resources.… [J]udges should closely examine campaign finance regulation and look for the improper use of legislation for political gain instead of simply deferring to Congress. Undue deference to the Auto Workers fable of reform could lead to punishment for the exercise of political rights. Correcting the history is thus essential to restoring proper checks on campaign finance legislation.” Hayward will argue that Frankfurter used a timeline of Congressional efforts to curb and reform campaign finance practices as an excuse to allow powerful political interests to exert restrictions on political opponents with less access to large election finance contributions. The case is used uncritically, and sometimes unfairly, to influence later campaign reform efforts, Hayward will argue. [Hayward, 6/17/2008 pdf file]

Entity Tags: US Supreme Court, Earl Warren, Allison R. Hayward, Felix Frankfurter, International Union United Automobile, Aircraft, and Agricultural Implement Workers of America, William O. Douglas, Hugo Black

Timeline Tags: Civil Liberties

The US Supreme Court rules in Lassiter v. Northampton County Board of Elections that literacy tests for voting in North Carolina are constitutional. The case was brought by an African-American voter who argued that his right to vote was being unconstitutionally constrained. The Court rules that because the literacy test applies to all voters, it is legal (see April 25, 1898). The American Civil Liberties Union will call the ruling “a major setback to voting rights.” [PBS, 12/2006; American Civil Liberties Union, 2012]

Entity Tags: US Supreme Court

Timeline Tags: Civil Liberties

The adoption of the Twenty-Fourth Amendment prohibits Congress and the 50 states from imposing poll taxes or other types of taxes on voters participating in federal elections. Before World War II, an African-American citizen told a reporter, “Do you know I’ve never voted in my life, never been able to exercise my right as a citizen because of the poll tax?” During the ceremony formalizing the adoption of the amendment, President Lyndon Johnson says, “There can be no one too poor to vote.” [American Civil Liberties Union, 2012; The Constitution: Amendments 11-27, 2012; America's Library, 2012] Among other laws it overturns, the amendment invalidates the 1937 Supreme Court ruling that found poll taxes legal (see December 6, 1937).

Entity Tags: Lyndon B. Johnson

Timeline Tags: Civil Liberties

Alabama police attack civil rights marchers on the Edmund Pettus Bridge outside of Selma, Alabama.Alabama police attack civil rights marchers on the Edmund Pettus Bridge outside of Selma, Alabama. [Source: Library of Congress]Over 500 non-violent civil rights marchers are attacked by law enforcement officers during a march from Selma to Montgomery, Alabama. The attack takes place while the marchers are crossing the Edmund Pettus Bridge outside of Selma. The march is to protest the disenfranchisement of African-American voters, and to protest the fatal police shooting of civil rights activist Jimmy Lee Jackson. The marchers are badly beaten by police officers and white residents wielding billy clubs and tear gas, and driven back into Selma. The marchers heed the non-violent teachings of Dr. Martin Luther King Jr. and other civil rights leaders, and refuse to counterattack. The attack, later termed “Bloody Sunday,” is shown on national television, sparking a national outcry. Two days later, King will lead a symbolic march to the bridge, and he and other civil rights leaders will secure court protection for a third, large-scale march from Selma to Montgomery. A week later, President Lyndon Johnson will denounce the attack as “deadly wrong.” On March 21, King will lead some 3,200 marchers from Selma to Montgomery, reaching the capitol on March 25. By the time they reach Montgomery, the number of marchers will have grown to around 25,000. The attack helps spur the passage of the Voting Rights Act (VRA—see August 6, 1965). [National Park Service, 2001; American Civil Liberties Union, 2012]

Entity Tags: Jimmy Lee Jackson, Edmund Pettus Bridge, Martin Luther King, Jr., Lyndon B. Johnson

Timeline Tags: Civil Liberties

President Lyndon Johnson signs the Voting Rights Act (VRA) into law. Based on the Fifteenth Amendment (see February 26, 1869), the VRA is a potent set of statutes that permanently bars direct barriers to political participation by racial and ethnic minorities. It bans any election practice that denies the right to vote due to race, and requires areas with a history of racial discrimination to get federal approval of changes in their election laws before they can take effect. The VRA forbids literacy tests (see 1896, April 25, 1898, and June 8, 1959) and other barriers to registration that have worked to stop minority voters from exercising their rights (see 1888, June 21, 1915, and February 4, 1964). Sections 2 and 5 of the VRA work together to prohibit states from establishing voting qualifications or standards that interfere with a citizen’s right to vote on a racial basis. Section 5 requires states with a history of racial discrimination to obtain “preclearance” from the Justice Department before altering any laws pertaining to voting—this includes changing electoral districts, voter qualification rules, and even changes in government structure such as making a formerly elective office appointive. If the changes can be seen as possibly “diluting” minority voting strength, they can be disallowed. States wishing to challenge the VRA restrictions have the opportunity to have their cases heard in federal court. Section 2 has similar, if less restrictive, provisions that apply nationally. Section 10 of the VRA takes direct aim at the Breedlove ruling from the Supreme Court (see December 6, 1937), which had legitimized poll taxes used to disenfranchise minority voters. That portion of the VRA finds that poll taxes “impose… unreasonable financial hardship” and “precludes persons of limited means from voting.” The VRA also forbids the use of literacy tests, good character tests, and other such tests used in the past to suppress minority voting. The law urges the attorney general to urge the Court to overrule Breedlove; minutes after Johnson signs the bill into law, he directs the attorney general “to file a lawsuit challenging the constitutionality of the poll tax.” The Court will find poll taxes unconstitutional in its Harper v. Virginia Board of Elections ruling (see March 24, 1966). The US Department of Justice and the federal courts now have the power to monitor problem jurisdictions and assist private citizens in seeking redress through the courts if their voting rights are infringed. Months later, the Supreme Court will uphold the constitutionality of the VRA. [eNotes, 2004; American Civil Liberties Union, 2012; Yale Law School, 2/8/2012]

Entity Tags: US Supreme Court, Voting Rights Act of 1965, Lyndon B. Johnson

Timeline Tags: Civil Liberties

The US Supreme Court, in the case of Harper v. Virginia Board of Elections, finds Virginia’s law upholding “poll taxes” to be unconstitutional. The 7-2 decision finds that poll taxes—fees demanded of voters, which have been used for over a century to disenfranchise minority voters (see February 4, 1964 and December 6, 1937)—violate the Constitution by imposing discriminatory restrictions on voting. Justice William O. Douglas writes the majority opinion, with Justice Hugo Black and John Marshall Harlan II dissenting. Douglas cites the landmark Brown v. Board decision (see May 17, 1954) and the recently passed Voting Rights Act (see August 6, 1965) in his ruling. [Legal Information Institute, 2011]

Entity Tags: Hugo Black, William O. Douglas, US Supreme Court, John Marshall Harlan II

Timeline Tags: Civil Liberties

Roger Ailes (left) and Richard Nixon in a 1968 photo.Roger Ailes (left) and Richard Nixon in a 1968 photo. [Source: White House Photo Office / Rolling Stone]Roger Ailes, the media consultant for the Richard Nixon presidential campaign, decides that Nixon should, during a televised town hall, take a staged question from a “good, mean, Wallaceite cab driver.” Ailes is referring to the overtly racist third-party candidacy of Governor George Wallace (D-AL). Ailes suggests “[s]ome guy to sit there and say, ‘Awright, Mac, what about these n_ggers?’” According to Nixonland author Rick Pearlstein, the idea is to have Nixon “abhor the uncivility of the words, while endorsing a ‘moderate’ version of the opinion.” [Pearlstein, 5/2008, pp. 331; Media Matters, 7/22/2011] The suggestion is not used. Ailes will go on to found Fox News (see October 7, 1996).

Entity Tags: Rick Pearlstein, George C. Wallace, Richard M. Nixon, Roger Ailes

Timeline Tags: Nixon and Watergate, Domestic Propaganda, Elections Before 2000

1970: Congress Renews Voting Rights Act

Congress renews the Voting Rights Act of 1965 (VRA—see August 6, 1965) for five more years. Unfortunately, the law’s provisions are temporary. Congress also finds that many states are purposefully ignoring some provisions of the law. In the hearings about the law’s extension, Congress heard about the many ways voting electorates were manipulated through gerrymandering, annexations, at-large elections (see April 22, 1980), and other methods to disenfranchise minority voters. [African American Voices in Congress, 2012; American Civil Liberties Union, 2012]

Entity Tags: Voting Rights Act of 1965, US Congress

Timeline Tags: Civil Liberties

Roger Ailes, the senior media consultant for the Nixon administration (see 1968), writes, or helps write, a secret memo for President Nixon and fellow Republicans outlining a plan for conservatives to “infiltrate and neutralize” the mainstream American media. The document will not be released until 2011; experts will call it the “intellectual forerunner” to Fox News, which Ailes will launch as a “fair and balanced” news network in 1996 (see October 7, 1996). John Cook, the editor of the online news and commentary magazine Gawker, will call the document the outline of a “nakedly partisan… plot by Ailes and other Nixon aides to circumvent the ‘prejudices of network news’ and deliver ‘pro-administration’ stories to heartland television viewers.” The document is entitled “A Plan for Putting the GOP on TV News.” Ailes, currently the owner of REA Productions and Ailes Communications Inc., works for the Nixon White House as a media consultant; he will serve the same function for President George H.W. Bush during his term. Ailes is a forceful advocate for using television to shape the message of the Nixon administration and of Republican policies in general. He frequently suggests launching elaborately staged events to entice favorable coverage from television reporters, and uses his contacts at the news networks to head off negative publicity. Ailes writes that the Nixon White House should run a partisan, pro-Republican media operation—essentially a self-contained news production organization—out of the White House itself. He complains that the “liberal media” “censors” the news to portray Nixon and his administration in a negative light. Cook will say the plan “reads today like a detailed precis for a Fox News prototype.” The initial idea may have originated with Nixon chief of staff H.R. Haldeman, but if so, Ailes expands and details the plan far beyond Haldeman’s initial seed of an idea. [Roger Ailes, 1970; Gawker, 6/30/2011] In 2011, Rolling Stone journalist Tim Dickinson will write: “This is an astounding find. It underscores Ailes’s early preoccupation with providing the GOP with a way to do an end run around skeptical journalists.” [Rolling Stone, 7/1/2011]
Focus on Television - Ailes insists that any such media plan should focus on television and not print. Americans are “lazy,” he writes, and want their thinking done for them: “Today television news is watched more often than people read newspapers, than people listen to the radio, than people read or gather any other form of communication. The reason: People are lazy. With television you just sit—watch—listen. The thinking is done for you.” Ailes says the Nixon administration should create its own news network “to provide pro-administration, videotape, hard news actualities to the major cities of the United States.” Other television news outlets such as NBC News, ABC News, CBS News, and PBS News, are “the enemy,” he writes, and suggests going around them by creating packaged, edited news stories and interviews directly to local television stations. (Years later, these kinds of “news reports” will be called “video news releases,” or VNRs, and will routinely be used by the George W. Bush administration and others—see March 15, 2004, May 19, 2004, March 2005, and March 13, 2005. They will be outlawed in 2005—see May 2005.) “This is a plan that places news of importance to localities (senators and representatives are newsmakers of importance to their localities) on local television news programs while it is still news. It avoids the censorship, the priorities, and the prejudices of network news selectors and disseminators.” Ailes and his colleagues include detailed cost analyses and production plans for such news releases. In a side note on the document, Ailes writes: “Basically a very good idea. It should be expanded to include other members of the administration such as cabinet involved in activity with regional or local interest. Also could involve GOP governors when in DC. Who would purchase equipment and run operation—White House? RNC [Republican National Committee]? Congressional caucus? Will get some flap about news management.”
Dirty Tricks - Ailes suggests planting “volunteers” within the Wallace campaign, referring to segregationist George Wallace (D-AL), whose third-party candidacy in 1968 almost cost Nixon the presidency. Ailes knows Wallace is planning a 1972 run as well, and is apparently suggesting a “mole” to either gather intelligence, carry out sabotage, or both. (Wallace’s plans for another run will be cut short by an assassination attempt—see May 15, 1972.) Ailes also suggests having his firm film interviews with Democrats who support Nixon’s Vietnam policies, such as Senators John Stennis (D-MS) and John McClellan (D-AR). Though Stennis and McClellan would believe that the interviews were for actual news shows, they would actually be carried out by Ailes operatives and financed by a Nixon campaign front group, the “Tell it to Hanoi Committee.” In June 1970, someone in the Nixon administration scuttles the plan, writing: “[T]he fact that this presentation is White House directed, unbeknownst to the Democrats on the show, presents the possibility of a leak that could severely embarrass the White House and damage significantly its already precarious relationship with the Congress. Should two powerful factors like Stennis and McClellan discover they are dupes for the administration the scandal could damage the White House for a long time to come.”
Volunteers to Head Program - Ailes writes that he wants to head any such “news network,” telling Haldeman: “Bob—if you decide to go ahead we would as a production company like to bid on packaging the entire project. I know what has to be done and we could test the feasibility for 90 days without making a commitment beyond that point.” Haldeman will grant Ailes’s request in November 1970, and will give the project a name: “Capitol News Service.” Haldeman will write: “With regard to the news programming effort as proposed last summer, Ailes feels this is a good idea and that we should be going ahead with it. Haldeman suggested the name ‘Capitol News Service’ and Ailes will probably be doing more work in this area.” Documents fail to show whether the “Capitol News Service” is ever actually implemented. [Roger Ailes, 1970; Gawker, 6/30/2011]
Television News Incorporated - Ailes will be fired from the Nixon administration in 1971; he will go on to start a similar private concern, “Television News Incorporated” (TVN—see 1971-1975), an ideological and practical predecessor to Fox News. Dickinson will write: “More important, [the document] links the plot to create what would become Television News Incorporated—the Ailes-helmed ‘fair and balanced’ mid-1970s precursor to Fox News—to the Nixon White House itself.” [Gawker, 6/30/2011; Rolling Stone, 7/1/2011] A former business colleague of Ailes’s will say in 2011: “Everything Roger wanted to do when he started out in politics, he’s now doing 24/7 with his network [Fox News]. It’s come full circle.” [Rolling Stone, 5/25/2011]

Entity Tags: John Cook, George C. Wallace, Fox News, Bush administration (43), Ailes Communications, H.R. Haldeman, George Herbert Walker Bush, Tim Dickinson, Television News Incorporated, Tell it to Hanoi Committee, REA Productions, John Stennis, John Little McClellan, Nixon administration, Roger Ailes

Timeline Tags: Domestic Propaganda

Roger Ailes, a former media consultant to the Nixon administration (see Summer 1970) who proposed a White House-run “news network” that would promote Republican-generated propaganda over what he calls “liberal” news reporting (see Summer 1970), moves on to try the idea in the private venue. Ailes works with a project called Television News Incorporated (TVN), a propaganda venue funded by right-wing beer magnate Joseph Coors. Conservative activist and Coors confidant Paul Weyrich will later call Ailes “the godfather behind the scenes” of TVN. To cloak the “news” outlet’s far-right slant, Ailes coins the slogan “Fair and Balanced” for TVN. In 2011, Rolling Stone reporter Tim Dickinson will write: “TVN made no sense as a business. The… news service was designed to inject a far-right slant into local news broadcasts by providing news clips that stations could use without credit—and for a fraction of the true costs of production. Once the affiliates got hooked on the discounted clips, its president explained, TVN would ‘gradually, subtly, slowly’ inject ‘our philosophy in the news.’ The network was, in the words of a news director who quit in protest, a ‘propaganda machine.’” Within weeks of TVN’s inception, its staff of professional journalists eventually has enough of the overt propaganda of their employer and begin defying management orders; Coors and TVN’s top management fire 16 staffers and bring in Ailes to run the operation. The operation is never successful, but during his tenure at TVN, Ailes begins plotting the development of a right-wing news network very similar in concept to the as-yet-unborn Fox News. TVN plans to invest millions in satellite distribution that would allow it not only to distribute news clips to other broadcasters, but to provide a full newscast with its own anchors and crew (a model soon used by CNN). Dickinson will write, “For Ailes, it was a way to extend the kind of fake news that he was regularly using as a political strategist.” Ailes tells a Washington Post reporter in 1972: “I know certain techniques, such as a press release that looks like a newscast. So you use it because you want your man to win.” Ailes contracts with Ford administration officials to produce propaganda for the federal government, providing news clips and scripts to the US Information Agency. Ailes insists that the relationship is not a conflict of interest. Unfortunately for Ailes and Coors, TVN collapses in 1975. One of its biggest problems is the recalcitrance of its journalists, who continue to resist taking part in what they see as propaganda operations. Ailes biographer Kerwin Swint will later say, “They were losing money and they weren’t able to control their journalists.” In a 2011 article for the online news and commentary magazine Gawker, John Cook will write: “Though it died in 1975, TVN was obviously an early trial run for the powerhouse Fox News would become. The ideas were the same—to route Republican-friendly stories around the gatekeepers at the network news divisions.” Dickinson will write that one of the lessons Ailes learns from TVN, and will employ at Fox, is to hire journalists who put ideological committment ahead of journalistic ethics—journalists who will “toe the line.” [Rolling Stone, 5/25/2011; Gawker, 6/30/2011] Ailes will go on to found Fox News, using the “fair and balanced” slogan to great effect (see October 7, 1996 and 1995).

Entity Tags: Paul Weyrich, John Cook, Fox News, Ford administration, Joseph Coors, Nixon administration, Television News Incorporated, Tim Dickinson, Roger Ailes, United States Information Agency, Kerwin Swint

Timeline Tags: Domestic Propaganda

The massive Federal Election Campaign Act (FECA) is signed into law by President Nixon. (The law is commonly thought of in the context of 1971, when Congress passed it, but Nixon did not sign it into law for several months.) The law is sparked by a rising tide of anger among the public, frustrated by the Vietnam War and the variety of movements agitating for change. The campaign watchdog organization Common Cause sued both the Democratic and Republican National Committees for violating the Federal Corrupt Practices Act (FCPA—see 1925), and though it lost the suit, it exposed the flaws and limitations of the law to the public. Common Cause then led a push to improve campaign finance legislation, aided by the many newly elected and reform-minded members of Congress. FECA repeals the toothless FCPA and creates a comprehensive framework for the regulation of federal campaign financing, from primaries and runoffs to conventions and general elections. The law requires full and timely disclosure of donations and expenditures, and provides broad definitions of both. It sets limits on media advertising as well as on contributions from candidates and their family members. The law permits unions and corporations to solicit voluntary contributions from members, employees, and stockholders, and allows union and corporate treasury money to be used for operating expenses for political action committees (PACs) or for voter drives and the like. It bans patronage or the promise of patronage, and bans contracts between a candidate and any federal department or agency. It establishes strict caps on the amounts individuals can contribute to their own campaigns—$50,000 for presidential and vice-presidential candidates, $35,000 for Senate candidates, and $25,000 for House candidates. It establishes a cap on television advertising at 10 cents per voter in the last election, or $50,000, whichever is higher. [Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Federal Election Commission, 4/2008 pdf file] The difference before and after FECA is evident. Congressional campaign spending reportage from 1968 claimed only $8.5 million, while in 1972, Congressional campaign spending reports will soar to $88.9 million. [Federal Elections Commission, 1998]

Entity Tags: Richard M. Nixon, Federal Corrupt Practices Act, Federal Election Campaign Act of 1972, Common Cause

Timeline Tags: Civil Liberties

In the aftermath of the Watergate scandal (see August 8, 1974), amendments to the Federal Election Campaign Act (FECA—see February 7, 1972) provide the option for full public financing for presidential general elections, matching funds for presidential primaries, and public expenditures for presidential nominating conventions. The amendments also set spending limits on presidential primaries and general elections as well as for House and Senate primaries. The amendments give some enforcement provisions to previously enacted spending limits on House and Senate general elections. They set strict spending guidelines: for presidential campaigns, each candidate is limited to $10 million for primaries, $20 million for general elections, and $2 million for nominating conventions; Senatorial candidates are limited to $100,000 or eight cents per eligible voter, whichever is higher, for primaries, and higher limits of $150,000 or 12 cents per voter for general elections; House candidates are limited to $70,000 each for primaries and general elections. Loans are treated as contributions. The amendments create an individual contribution limit of $1,000 to a candidate per election and a PAC (political action committee) contribution limit of $5,000 to a candidate per election (this provision will trigger what the Center for Responsive Politics will call a “PAC boom” in the late 1970s). The total aggregate contributions from an individual are set at $25,000 per year. Candidates face further restrictions on how much personal wealth they can contribute to their own campaign. The 1940 ban on contributions from government employees and contract workers (see 1940) is repealed, as are the 1971 limitations on media spending. Perhaps most importantly, the amendments create the Federal Election Commission (FEC) to oversee and administer campaign law. (Before, enforcement and oversight responsibilities were spread among the Clerk of the House, the Secretary of the Senate, and the Comptroller General of the United States General Accounting Office (GAO), with the Justice Department responsible for prosecuting violators (see 1967).) The FEC is led by a board of six commissioners, with Congress appointing four of those commissioners and the president appointing two more. The Secretary of the Senate and the Clerk of the House are designated nonvoting, exofficio commissioners. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file] Part of the impetus behind the law is the public outrage over the revelations of how disgraced ex-President Nixon’s re-election campaign was funded, with millions of dollars in secret, illegal corporate contributions being funneled into the Nixon campaign. [Campaign Finance Timeline, 1999; Connecticut Network, 2006 pdf file]

Entity Tags: Center for Responsive Politics, Federal Election Campaign Act of 1972, Federal Election Commission, US Department of Justice

Timeline Tags: Civil Liberties

The US Supreme Court rules in Richardson v. Ramirez that states may deny convicted felons the right to vote. The case originated when felons who had completed their sentences sued the California secretary of state and election officials, challenging a state constitutional provision and related statutes that permanently denied them the right to vote unless their rights were restored, on an individual basis, by court order or executive pardon. The burden is generally on the state to show a “compelling state interest” in denying a citizen the right to vote. The plaintiffs argued that California had no compelling state interest in denying them their right to vote. The plaintiffs won their case in California’s Supreme Court. However, the US Supreme Court rules that a state does not have to prove that its felony disfranchisement laws serve a compelling state interest. The Court finds that the Fourteenth Amendment exempts felony disenfranchisement laws from the burden placed on states in voting rights matters. [American Civil Liberties Union, 2012; RICHARDSON v. RAMIREZ, 418 US 24 (1974), 2012] The Court writes: “[I]t is not for us to choose one set of values over the other. If respondents are correct, and the view which they advocate is indeed the more enlightened one, presumably the people of the State of California will ultimately come around to the view. And if they do not do so, their failure is some evidence, at least, of the fact that there are two sides to the argument.” [ProCon, 10/19/2010; RICHARDSON v. RAMIREZ, 418 US 24 (1974), 2012]

Entity Tags: US Supreme Court, California Supreme Court

Timeline Tags: Civil Liberties

1975: Voting Rights Act Extended

President Gerald Ford reauthorizes the Voting Rights Act (VRA—see August 6, 1965 and 1970). The reauthorization contains new provisions to permanently bar literacy tests nationwide and provide language assistance for minority voters. The law also extends the “preclearance” provisions that require courts to monitor states with a history of discrimination. During hearings about the bill, Congress heard testimony about voting discrimination being carried out against Hispanic, Asian, and Native American citizens. [American Civil Liberties Union, 2012; African American Voices in Congress, 2012]

Entity Tags: Voting Rights Act of 1965, US Congress, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

The Supreme Court case Buckley v. Valeo, filed by Senator James L. Buckley (R-NY) and former Senator Eugene McCarthy (D-WI) against the Secretary of the Senate, Francis R. Valeo, challenges the constitutionality of the Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) on free-speech grounds. The suit also named the Federal Election Commission (FEC) as a defendant. A federal appeals court validated almost all of FECA, and the plaintiffs sent the case to the Supreme Court. The Court upholds the contribution limits set by FECA because those limits help to safeguard the integrity of elections. However, the court overrules the limits set on campaign expenditures, ruling: “It is clear that a primary effect of these expenditure limitations is to restrict the quantity of campaign speech by individuals, groups, and candidates. The restrictions… limit political expression at the core of our electoral process and of First Amendment freedoms.” One of the most important aspects of the Supreme Court’s ruling is that financial contributions to political campaigns can be considered expressions of free speech, thereby allowing individuals to essentially make unrestricted donations. The Court implies that expenditure limits on publicly funded candidates are allowable under the Constitution, because presidential candidates may disregard the limits by rejecting public financing (the Court will affirm this stance in a challenge brought by the Republican National Committee in 1980).
Provisions of 'Buckley' - The Court finds the following provisions constitutional:
bullet Limitations on contributions to candidates for federal office;
bullet Disclosure and record-keeping provisions; and
bullet The public financing of presidential elections.
However, the Court finds these provisions unconstitutional:
bullet Limitations on expenditures by candidates and their committees, except for presidential candidates who accept public funding;
bullet The $1,000 limitation on independent expenditures;
bullet The limitations on expenditures by candidates from their personal funds; and
bullet The method of appointing members of the FEC, holding that as the method stands, it violates the principle of separation of powers.
In May 1976, following the Court’s ruling, the FEC will reconstitute its board with six presidential appointees after Senate confirmation. [Federal Elections Commission, 3/1997; Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Casebriefs, 2012]
No Clear Authors - The opinion is labeled per curiam, a term usually reserved for brief and minor Court decisions when authorship of an opinion is less relevant. It is unclear exactly which Justices write the opinion. Most Court observers believe Justice William Brennan writes the bulk of the opinion, but Brennan’s biographers will later note that sections of the opinion are authored by Chief Justice Warren Burger and Justices Potter Stewart, Lewis Powell, and William Rehnquist. The opinion is an amalgamation of multiple authors, reflecting the several compromises made in the resolution of the decision. [New Yorker, 5/21/2012]
Criticism of 'Buckley' - Critics claim that the ruling enshrines the principle of “money equals speech.” The ruling also says that television and radio advertisements that do not expressly attack an individual candidate can be paid for with “unregulated” funds. This leads organizations to begin airing “attack ads” that masquerade as “issue ads,” ostensibly promoting or opposing a particular social or political issue and avoiding such words as “elect” or “defeat.” [National Public Radio, 2012] In 1999, law professor Burt Neuborne will write: “Buckley is like a rotten tree. Give it a good, hard push and, like a rotten tree, Buckley will keel over. The only question is in which direction.” Neuborne will write that his preference goes towards reasonable federal regulations of spending and contributions, but “any change would be welcome” in lieu of this decision, and even a completely deregulated system would be preferable to Buckley’s legal and intellectual incoherence. [New York Times, 5/3/2010] In 2011, law professor Richard Hasen will note that while the Buckley decision codifies the idea that contributions are a form of free speech, it also sets strict limitations on those contributions. Calling the decision “Solomonic,” Hasen will write that the Court “split the baby, upholding the contribution limits but striking down the independent spending limit as a violation of the First Amendment protections of free speech and association.” Hasen will reflect: “Buckley set the main parameters for judging the constitutionality of campaign finance restrictions for a generation. Contribution limits imposed only a marginal restriction on speech, because the most important thing about a contribution is the symbolic act of contributing, not the amount. Further, contribution limits could advance the government’s interest in preventing corruption or the appearance of corruption. The Court upheld Congress’ new contribution limits. It was a different story with spending limits, which the Court said were a direct restriction on speech going to the core of the First Amendment. Finding no evidence in the record then that independent spending could corrupt candidates, the Court applied a tough ‘strict scrutiny’ standard of review and struck down the limits.” [Slate, 10/25/2011] In 2012, reporter and author Jeffrey Toobin will call it “one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.” [New Yorker, 5/21/2012]

Entity Tags: Federal Election Campaign Act of 1972, Federal Election Commission, James Buckley, Jeffrey Toobin, US Supreme Court, Eugene McCarthy, Lewis Powell, Potter Stewart, Burt Neuborne, William Rehnquist, Warren Burger, Richard L. Hasen, William Brennan

Timeline Tags: Civil Liberties

The Supreme Court alters voting rights in the case of Beer v. United States. The Court rules that Section 5 of the Voting Rights Act (VRA—see August 6, 1965, 1970, and 1975) allows for “preclearance” of election changes that are unfair to minorities as long as the changes are not “retrogressive,” or make conditions worse than they already are. [American Civil Liberties Union, 2012; BEER v. UNITED STATES, 425 U.S. 130 (1976), 2012]

Entity Tags: Voting Rights Act of 1965, US Supreme Court

Timeline Tags: Civil Liberties

Amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) passed by Congress after the controversial Buckley ruling by the Supreme Court (see January 30, 1976) bring FECA into conformity with the Court’s decision. The amendments repeal expenditure limits except for presidential candidates who accept public funding, and revise the provisions governing the appointment of commissioners to the Federal Election Commission (FEC). The amendments also limit the scope of PAC fundraising by corporations and labor unions. The amendments limit individual contributions to national political parties to $20,000 per year, and individual contributions to a PAC to $5,000 per year. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] However, the Constitution restricts what Congress can, or is willing, to do, and the amendments are relatively insignificant. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972, US Supreme Court

Timeline Tags: Civil Liberties

Cato Institute logo.Cato Institute logo. [Source: Cato Institute]The billionaire Koch brothers, Charles and David, launch the libertarian Cato Institute, one of the first of many think tanks and advocacy organizations they will fund (see August 30, 2010). While records of the Koch funding of the institute are not fully available, the Center for Public Integrity learns that between 1986 and 1993 the Koch family gives $11 million to the institute. By 2010, Cato has over 100 full-time employees, and often succeeds in getting its experts and policy papers quoted by mainstream media figures. While the institute describes itself as nonpartisan, and is at times critical of both Republicans and Democrats, it consistently advocates for corporate tax cuts, reductions in social services, and laissez-faire environmental policies. One of its most successful advocacy projects is to oppose government initiatives to curb global warming. When asked why Cato opposes such federal and state initiatives, founder and president Ed Crane explains that “global warming theories give the government more control of the economy.” [New Yorker, 8/30/2010]

Entity Tags: Center for Public Integrity, Cato Institute, Ed Crane, Charles Koch, David Koch

Timeline Tags: Domestic Propaganda

Oil billionaire David Koch runs for vice president on the Libertarian Party ticket. David and his brother Charles are the primary backers of hard-right libertarian politics in the US (see August 30, 2010); Charles, the dominant brother, is determined to tear government “out at the root,” as he will later be characterized by libertarian Brian Doherty. The brothers have thrown their support behind Libertarian presidential candidate Ed Clark, who is running against Republican Ronald Reagan from the right of the political spectrum. The brothers are frustrated by the legal limits on campaign financing, and they persuade the party to place David on the ticket as vice president, thereby enabling him to spend as much of his personal fortune as he likes. The Libertarian’s presidential campaign slogan is, “The Libertarian Party has only one source of funds: You.” In reality, the Koch brothers’ expenditures of over $2 million is the campaign’s primary source of funding. Clark tells a reporter that the Libertarians are preparing to stage “a very big tea party” because people are “sick to death” of taxes. The Libertarian Party platform calls for the abolition of the FBI and the CIA, as well as of federal regulatory agencies, such as the Securities and Exchange Commission and the Department of Energy. The platform proposes the abolition of Social Security, minimum-wage laws, gun control, and all personal and corporate income taxes; in return, it proposes the legalization of prostitution, recreational drugs, and suicide. Government should be reduced to only one function, the party proclaims: the protection of individual rights. Conservative eminence William F. Buckley Jr. calls the movement “Anarcho-Totalitarianism.” The Clark-Koch ticket receives only one percent of the vote in the November 1980 elections, forcing the Koch brothers to realize that their brand of politics isn’t popular. In response, Charles Koch becomes openly scornful of conventional politics. “It tends to be a nasty, corrupting business,” he says. “I’m interested in advancing libertarian ideas.” Doherty will later write that both Kochs come to view elected politicians as merely “actors playing out a script.” Doherty will quote a longtime confidant of the Kochs as saying that after the 1980 elections, the brothers decide they will “supply the themes and words for the scripts.” In order to alter the direction of America, they had to “influence the areas where policy ideas percolate from: academia and think tanks.” [New Yorker, 8/30/2010]

Entity Tags: Libertarian Party, Brian Doherty, Charles Koch, Ronald Reagan, David Koch, William F. Buckley, Ed Clark

Timeline Tags: Domestic Propaganda

The federal government passes even more amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976). The new amendments simplify campaign finance reporting requirements, encourage political party activity at the state and local levels, and increase the public funding grants for presidential nominating conventions. The new amendments prohibit the Federal Election Commission (FEC) from conducting random campaign audits. They also allow state and local parties to spend unlimited amounts on federal campaign efforts, including the production and distribution of campaign materials such as signs and bumper stickers used in “get out the vote” (GOTV) efforts. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] The amendment creates what later becomes known as “soft money,” or donations and contributions that are essentially unregulated as long as they ostensibly go for “party building” expenses. The amendments allow corporations, labor unions, and wealthy individuals to contribute vast sums to political parties and influence elections. By 1988, both the Republican and Democratic Parties will spend inordinate and controversial amounts of “soft money” in election efforts. [National Public Radio, 2012] While the amendments were envisioned as strengthening campaign finance law, many feel that in hindsight, the amendments actually weaken FECA and campaign finance regulation. Specifically, the amendments reverse much of the 1974 amendments, and allow money once prohibited from being spent on campaigns to flow again. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972

Timeline Tags: Civil Liberties

The US Supreme Court guts a significant portion of the Voting Rights Act (VRA—see August 6, 1965, 1970, and 1975) by ruling that voters must prove racially discriminatory intent in order to prevail in litigation under the VRA. In the case of City of Mobile v. Bolden, the Court rules 6-3 that the previous standard of proving discriminatory results is no longer adequate. Disenfranchised voters must now prove intent, a far higher standard, before receiving redress. The case originates in Mobile, Alabama’s practice of electing city commissioners under an at-large voting scheme. No African-American had ever been elected to the commission, and a number of Mobile citizens challenged the constitutionality of the at-large scheme. The Court found that at-large schemes such as that employed by the city of Mobile only violate the Constitution if they deliberately serve to minimize or cancel out the voting potential of minorities. Justice Potter Stewart, writing for the plurality, finds that the right to equal participation in the electoral process is aimed not for the protection of any political group. Moreover, he writes that the evidence fails to show that Mobile operates a voting system with the intent to discriminate. The conservative justices largely side with Stewart. The liberals are split. Justices Harry Blackmun and John Paul Stevens concur with Stewart’s ruling for different reasons than those expressed by Stewart. Justices William Brennan, Thurgood Marshall, and Byron White dissent, with Brennan and White arguing that the burden of proof had been met, and Marshall arguing that the burden of proof should be on Mobile to show that it refused to modify its voting scheme despite the evidence of discrimination. [MOBILE v. BOLDEN, 446 US 55 (1980), 4/22/1980 pdf file; Casebriefs, 2012; American Civil Liberties Union, 2012]

Entity Tags: John Paul Stevens, Byron White, Harry Blackmun, William Brennan, Potter Stewart, Voting Rights Act of 1965, US Supreme Court, Thurgood Marshall

Timeline Tags: Civil Liberties

The anti-abortion National Right to Life Committee (NRLC) issues a series of “voter guides” just before Election Day. The pamphlets are later credited as helping persuade voters to cast their ballots for presidential candidate Ronald Reagan (R-CA) and a number of Republican Senate candidates. In 2012, reporter Jeffrey Toobin will characterize them as “barely concealed works of advocacy,” a form of “electioneering” that federal law bans groups such as NRLC from issuing this close to an election. The Federal Election Commission (FEC) later tries to challenge the pamphlet distribution, and the NRLC wins a First Amendment challenge in court under the legal leadership of general counsel James Bopp Jr. As a result of the court case, Bopp becomes interested in challenging campaign finance restrictions (see January 10-16, 2008) as well as abortion rights. [New Yorker, 5/21/2012]

Entity Tags: Federal Election Commission, James Bopp, Jr, National Right to Life Committee, Ronald Reagan, Jeffrey Toobin

Timeline Tags: US Health Care, Civil Liberties, Elections Before 2000

Lee Atwater.Lee Atwater. [Source: NNDB (.com)]Republican political strategist Lee Atwater, in a discussion with political science professor Alexander Lamis, discusses the Republican strategy of using racism to win elections. Lamis will later quote Atwater in his book Southern Politics in the 1990s. Atwater takes Lamis through the evolution of Republican appeals to racism: “You start out in 1954 by saying, ‘N_gger, n_gger, n_gger.’ By 1968 you can’t say ‘n_gger’—that hurts you. Backfires. So you say stuff like forced busing, states’ rights, and all that stuff. You’re getting so abstract now [that] you’re talking about cutting taxes, and all these things you’re talking about are totally economic things and a byproduct of them is [that] blacks get hurt worse than whites. And subconsciously maybe that is part of it. I’m not saying that. But I’m saying that if it is getting that abstract, and that coded, that we are doing away with the racial problem one way or the other. You follow me—because obviously sitting around saying, ‘We want to cut this,’ is much more abstract than even the busing thing, and a hell of a lot more abstract than ‘N_gger, n_gger.’” Atwater will go on to manage the 1988 presidential campaign of George H. W. Bush, where he will oversee the use of what is considered one of the most overtly racist campaign ads in modern history, the “Willie Horton” ad (see September 21 - October 4, 1988). [New York Times, 10/6/2005]

Entity Tags: Lee Atwater, Alexander Lamis, Republican Party

Timeline Tags: Domestic Propaganda, Elections Before 2000

Citizens for a Sound Economy logo.Citizens for a Sound Economy logo. [Source: Greater Houston Pachyderm Club]The billionaire Koch brothers, Charles and David, launch the first of a number of “citizen advocacy” groups they either found or fund, Citizens for a Sound Economy. The Kochs are staunch right-wing libertarians determined to successfully combat government regulation and oversight of businesses, government taxation, and government funding of social programs (see August 30, 2010). Between 1986 and 1993, the brothers will provide $7.9 million to the group, even as it promotes itself as a “grassroots,” “citizen-driven” organization. (Such organizations that call themselves “citizen-based” while actually being founded, operated, and funded by corporate interests are called “astroturf” organizations.) Matt Kibbe, who will go on to head a Koch-funded lobbying organization, FreedomWorks, will later say of Citizens for a Sound Economy that its driving force was to take the Kochs’ “heavy ideas and translate them for mass America.… We read the same literature Obama did about nonviolent revolutions—Saul Alinsky, Gandhi, Martin Luther King. We studied the idea of the Boston Tea Party as an example of nonviolent social change. We learned we needed boots on the ground to sell ideas, not candidates.” One organization participant will say that the brothers are “very controlling, very top down. You can’t build an organization with them. They run it.” By 1993, the organization will become powerful enough to successfully thwart the Clinton administration’s efforts to place a “BTU tax” on energy, and mounts successful “citizen protests” against Democrats, sometimes funnelling millions of Koch monies into the political campaigns of their Republican opponents. [New Yorker, 8/30/2010]

Entity Tags: Clinton administration, Charles Koch, David Koch, Citizens for a Sound Economy, Matt Kibbe, FreedomWorks

Timeline Tags: Domestic Propaganda

Vice President Bush, planning to leave for Iraq on a secret errand to persuade Saddam Hussein to escalate his bombing of Iranian targets in order to increase pressure on Iran to release American hostages (see July 28-August 3, 1986), is briefed by two top National Security Council aides, Oliver North and Howard Teicher, before leaving for the Middle East. Teicher will later recall: “We told him what the status was, that [US] arms had gone to Iran. We were preparing him for a possible briefing by either [Shimon Peres, the prime minister of Israel] or [Amiram] Nir [Peres’s counterterrorism adviser]. We didn’t want him to discuss it with anyone else, for security reasons. He asked us some questions, but he didn’t express any opinions.” While Bush will repeatedly deny ever discussing the Iranian arms sales with William Casey (see July 23, 1986), a former CIA official will say in 1992 that Casey did brief Bush extensively about the program. “Casey felt Bush had a methodical, orderly manner for the task,” the official will say. “[Casey] had great confidence in him to carry it out. He said he briefed Bush in great detail about the initiative to bomb Iran.” [New Yorker, 11/2/1992]

Entity Tags: Howard Teicher, Amiram Nir, George Herbert Walker Bush, Shimon Peres, Oliver North, William Casey, Saddam Hussein

Timeline Tags: Iran-Contra Affair

Faced with revelations of his possible involvement in the Iran-US arms-for-hostage deals (see November 3, 1986), Vice President George Bush, who has been heavily involved in the deals both with Iran and with its enemy Iraq (see July 23, 1986), denies knowing anything about anything. He tells the press that he knew nothing about any administration officials objecting to selling arms to Iran: “If I had sat there, and heard George Shultz and Cap [Caspar Weinberger] express it strongly, maybe I would have had a stronger view. But when you don’t know something it’s hard to react…. We were not in the loop.” Weinberger, the Secretary of Defense, telephones Shultz, the Secretary of State, and snaps, “He was on the other side [supporting the arms deals with Iran]. It’s on the record! Why did he say that?” Former National Security Council aide Howard Teicher, who was deeply involved in the arms-for-hostage deals with Iran, will say in 1992, “Bush definitely knew almost everything about the Iranian arms-sales initiative. I personally briefed him in great detail many times. Like so many others, he got premature Alzheimer’s after the arms sales became public.” [New Yorker, 11/2/1992]

Entity Tags: Caspar Weinberger, Howard Teicher, George Shultz, George Herbert Walker Bush

Timeline Tags: US confrontation with Iran, Iran-Contra Affair

Dan Rather interviews Vice President Bush, watching him on a monitor. Neither Rather nor the CBS viewers can see Bush’s consultant Roger Ailes off-camera.Dan Rather interviews Vice President Bush, watching him on a monitor. Neither Rather nor the CBS viewers can see Bush’s consultant Roger Ailes off-camera. [Source: Media Research Center]Roger Ailes, a former media consultant to the Nixon administration (see Summer 1970), comes up with a bold plan to help his new client, Vice President George H.W. Bush, who is running for president. Bush is neck-deep in the Iran-Contra scandal (see Before July 28, 1986, August 6, 1987, and December 25, 1992) and, as reporter Tim Dickinson will later write, comes across as “effete” in comparison to his predecessor Ronald Reagan. Ailes decides to use an interview with combative CBS News reporter Dan Rather to bolster his client’s image. Ailes insists that the interview be done live, instead of in the usual format of being recorded and then edited for broadcast. Dickinson will later write, “That not only gave the confrontation the air of a prizefight—it enabled Ailes himself to sit just off-camera in Bush’s office, prompting his candidate with cue cards.” Rather is in the CBS studio in New York and has no idea Ailes is coaching Bush. As planned, Bush begins the interview aggressively, falsely accusing Rather of misleading him by focusing the interview on Iran-Contra. (It is true that CBS had not informed the Bush team that it would air a report on the Iran-Contra investigation as a lead-in to the Bush interview, a scheduling that some in the Bush team see as a “bait-and-switch.”) When Rather begins to press Bush, Ailes flashes a cue card: “walked off the air.” This is a set piece that Bush and Ailes have worked out beforehand, based on an embarrassing incident in Rather’s recent past, when Rather angrily walked off the CBS set after learning that his newscast had been pre-empted by a women’s tennis match. Clenching his fist, Ailes mouths at Bush: “Go! Go! Just kick his ass!” Bush fires his rejoinder: “It’s not fair to judge my whole career by a rehash on Iran. How would you like it if I judged your career by those seven minutes when you walked off the set?” In their 1989 book The Acting President: Ronald Reagan and the Supporting Players Who Helped Him Create the Illusion That Held America Spellbound, CBS host Bob Schieffer and co-author Gary Paul Gates will write: “What people in the bureau and viewers at home could not see was that the response had not been entirely spontaneous. As the interview progressed, the crafty Ailes had stationed himself beside the camera. If Bush seemed to be struggling for a response, Ailes would write out a key word in huge letters on his yellow legal pad and hold it just beneath the camera in Bush’s line of vision. Just before Bush had shouted that it was not fair to judge his career on Iran, Ailes had written out on his legal pad the words.… Three times during the interview, Bush’s answer had come after Ailes had prompted him with key words or phrases scribbled on the legal pad.” Dickinson will later write: “It was the mother of all false equivalencies: the fleeting petulance of a news anchor pitted against the high crimes of a sitting vice president. But it worked as TV.” Ailes’s colleague Roger Stone, who worked with Ailes on the 1968 Nixon campaign, will later say of the interview: “That bite of Bush telling Rather off played over and over and over again. It was a perfect example of [Ailes] understanding the news cycle, the dynamics of the situation, and the power of television.” [Associated Press, 7/6/1989; NewsBusters, 1/25/2008; Rolling Stone, 5/25/2011] After the interview is concluded, Bush leaps to his feet and, with the microphone still live, says: “The b_stard didn’t lay a glove on me.… Tell your g_ddamned network that if they want to talk to me to raise their hands at a press conference. No more Mr. Inside stuff after that.” The unexpected aggression from Bush helps solidify his standing with hardline Republicans. The interview gives more “proof” to those same hardliners that the media is hopelessly liberal, “their” candidates cannot expect to be treated fairly, and that the only way for them to “survive” encounters with mainstream media figures is through aggression and intimidation. [Salon, 1/26/2011] Conservative commentator Rich Noyes will write in 2008 that Bush’s jab at Rather exposed the reporter’s “liberal bias,” though he will fail to inform his readers of Ailes’s off-camera coaching. [NewsBusters, 1/25/2008]

Entity Tags: Rich Noyes, CBS News, Bob Schieffer, Dan Rather, George Herbert Walker Bush, Tim Dickinson, Gary Paul Gates, Roger Stone, Roger Ailes, Ronald Reagan

Timeline Tags: Domestic Propaganda, Elections Before 2000

The Bush presidential re-election campaign, trailing Democratic challenger Michael Dukakis, the governor of Massachusetts, in the polls, decides on a “two-track” campaign strategy. The strategy is crafted by campaign manager Lee Atwater. The “high road” track will be taken by President Bush and the campaign directly, attacking Dukakis’s record on law enforcement and challenging his reputation as having led Massachusetts into a period of economic growth (the so-called “Massachusetts Miracle”). The “low road,” designed by Atwater to appeal to the most crude racial stereotypes (see 1981), is to be taken by ostensibly “independent” voter outreach organizations. Because of a loophole in campaign finance rules, the Bush campaign could work closely with “outside groups” and funnel money from “independent” organizations to the outside groups, while denying any connections with those groups were they to run objectionable or negative political ads. Atwater wants to avoid a potential backlash among voters, who may turn against the campaign because of their antipathy towards “attack politics.” Atwater and his colleagues determine that the outside groups will use “brass knuckle” tactics to attack Dukakis, and because the ads come from these “independent” organizations, the Bush campaign can distance itself from the groups and even criticize them for being too negative. In 1999, InsidePolitics.org will write: “In so doing, Bush’s presidential effort would train a generation of campaign operatives how to run a negative campaign. Its ‘two-track’ approach would become a model of how to exploit campaign finance laws and use outside groups to deliver hard-hitting messages on behalf of the candidate. Over the course of the following decade, this strategy would become commonplace in American elections.” The idea of “outsourcing” attack ads had been popularized by the 1980 Reagan presidential campaign, which used what it called “independent expenditures” to finance “outside” attacks on its Democratic opponent, President Jimmy Carter. In 1988, “independent” conservative groups spend $13.7 million on the Bush campaign, most of which goes towards attacks on Dukakis. In comparison, progressive and liberal groups spend $2.8 million on behalf of Dukakis—an almost five-to-one discrepancy. Most of the outside money is spent on television advertising. InsidePolitics will write, “Increasingly, candidates were discovering, electoral agendas and voter impressions could be dominated through a clever combination of attack ads and favorable news coverage.” [Inside Politics (.org), 1999] The result of Atwater’s “two-track” strategy is the “Willie Horton” ad, which will become infamous both for its bluntly racist appeal and its effectiveness (see September 21 - October 4, 1988). An earlier “independent” ad attacking Dukakis’s environmental record provides something of a template for the Horton ad campaign. The so-called “Boston Harbor” ad, which depicted garbage floating in the body of water, challenged Dukakis’s positive reputation as a pro-environmental candndate. The ad helped bring Dukakis’s “positives” down, a strong plus for Bush, whose record as an oil-company executive and reputation as a powerful political friend to the oil companies hurts him in comparison with Dukakis. In July 1988, Readers Digest, a magazine known for its quietly conservative slant, publishes a profile of Horton titled “Getting Away With Murder.” The Bush campaign reprints the article and distributes it by the tens of thousands around the country. [Regardie's Magazine, 10/1/1990; Inside Politics (.org), 1999]

Entity Tags: Readers Digest, InsidePolitics (.org), George Herbert Walker Bush, Lee Atwater, National Security Political Action Committee, William (“Willie”) Horton, Michael Dukakis

Timeline Tags: Domestic Propaganda, Elections Before 2000

The image of Willie Horton as shown in the ‘Weekend Pass’ campaign ad.The image of Willie Horton as shown in the ‘Weekend Pass’ campaign ad. [Source: University of Virginia]A political advertisement on behalf of the George H. W. Bush presidential campaign appears, running on televisions around the country between September 21 and October 4, 1988. Called “Weekend Pass,” it depicts convicted murderer William “Willie” Horton, who was granted 10 separate furloughs from prison, and used the time from his last furlough to kidnap and rape a young woman. The advertisement and subsequent media barrage falsely accuses Democratic presidential candidate Michael Dukakis, the governor of Massachusetts, of creating the “furlough program” that led to Horton’s release, and paints Dukakis as “soft on crime.” It will come to be known as one of the most overly racist political advertisements in the history of modern US presidential politics.
Ad Content - The ad begins by comparing the positions of the two candidates on crime. It notes that Bush supports the death penalty for convicted murderers, whereas Dukakis does not. The ad’s voiceover narrator then states, “Dukakis not only opposes the death penalty, he allowed first-degree murderers to have weekend passes from prison,” with the accompanying text “Opposes Death Penalty, Allowed Murderers to Have Weekend Passes” superimposed on a photograph of Dukakis. The narrator then says, “One was Willie Horton, who murdered a boy in a robbery, stabbing him 19 times,” accompanied by a mug shot of Horton. The voiceover continues: “Despite a life sentence, Horton received 10 weekend passes from prison. Horton fled, kidnapped a young couple, stabbing the man and repeatedly raping his girlfriend.” At this point, the ad shows another picture of Horton being arrested while the accompanying text reads, “Kidnapping, Stabbing, Raping.” The ad’s narration concludes: “Weekend prison passes. Dukakis on crime.” The ad is credited to the “National Security Political Action Committee.” [Inside Politics (.org), 1999; Museum of the Moving Image, 2008; University of Virginia, Introduction to American Politics, 11/18/2009]
'Soft on Crime' - The ad is a reflection of the measures the Bush campaign is willing to undertake to defeat the apparently strong Dukakis candidacy. Dukakis is a popular Democratic governor and widely credited with what pundits call the “Massachusetts Miracle,” reversing the downward economic spiral in his state without resorting to hefty tax increases. At the time of the ad, Dukakis enjoys a 17-point lead over Bush in the polls. Bush campaign strategists, led by campaign manager Lee Atwater, have learned from focus groups that conservative Democratic voters, which some call “Reagan Democrats,” are not solid in their support of Dukakis, and are swayed by reports that he vetoed legislation requiring teachers to say the Pledge of Allegiance at the beginning of the school day. They also react negatively when they learn that during Dukakis’s tenure as governor, Horton had been furloughed and subsequently raped a white woman. Atwater and the Bush campaign decide that Dukakis can successfully be attacked as a “liberal” who is “not patriotic” and is “soft on crime.” Atwater, who has a strong record of appealing to racism in key voting groups (see 1981), tells Republican Party officials, “By the time this election is over, Willie Horton will be a household name.” Although Dukakis had vetoed a bill mandating the death penalty for first-degree murder in Massachusetts, he did not institute the furlough program; that was signed into law by Republican governor Francis Sargent in 1972. The ads and the accompanying media blitz successfully avoid telling voters that Sargent, not Dukakis, instituted the furlough program. [Regardie's Magazine, 10/1/1990; Inside Politics (.org), 1999]
Running the Horton Ad - The ad is sponsored by an ostensibly “independent” political organization, the conservative National Security Political Action Committee (NSPAC), headed by former Chairman of the Joint Chief of Staff Thomas Moorer. NSPAC’s daughter organization “Americans for Bush” actually put together the ad, created by marketer Larry McCarthy in close conjunction with Atwater and other Bush campaign aides; Atwater determined months before that the Horton ad should not come directly from the Bush campaign, but from an “independent” group supporting Bush, thus giving the Bush campaign the opportunity to distance itself from the ad, and even criticize it, should voters react negatively towards its message (see June-September 1988). The first version of the ad does not use the menacing mug shot of Horton, which McCarthy later says depicts “every suburban mother’s greatest fear.” McCarthy and Atwater feared that the networks would refuse to run the ad if it appeared controversial. However, the network censors do not object, so McCarthy quickly substitutes a second version of the ad featuring the mug shot. When Democrats and progressive critics of the Bush campaign complain that Bush is running a racist ad, Bush media adviser Roger Ailes says that neither he nor the campaign have any control over what outside groups like “Americans for Bush” put on the airwaves. InsidePolitics will later write, “This gave the Bush camp plausible deniability that helped its candidate avoid public condemnation for racist campaigning.”
Accompanying Newspaper Reports, Bush Campaign Ads - The ad airs for the first time on September 21. On September 22, newspapers around the nation begin publishing articles telling the story of Angie and Clifford Barnes, victimized by Horton while on furlouogh. On October 5, the Bush campaign releases a “sister” television ad, called “Revolving Door.” Scripted by Ailes, the commercial does not mention Horton nor does it show the now-infamous mug shot, but emphasizes the contention that Dukakis is “soft on crime” and has what it calls a “lenient” furlough policy for violent convicts. The central image of the ad is a stream of African-American inmates moving slowly in and out of a revolving gate. The voiceover says that Dukakis had vetoed the death penalty and given furloughs to “first-degree murderers not eligible for parole. While out, many committed other crimes like kidnapping and rape.” At the same time, Clifford Barnes and the sister of the youth murdered by Horton embark on a nationwide speaking tour funded by a pro-Bush independent group known as the Committee for the Presidency. Barnes also appears on a number of television talk shows, including those hosted by Oprah Winfrey and Geraldo Rivera. Barnes and the victim’s sister also appear in two “victim” ads, where Barnes says: “Mike Dukakis and Willie Horton changed our lives forever.… We are worried people don’t know enough about Mike Dukakis.” In 1999, InsidePolitics will write that the media gives the “Revolving Door” ad a “courteous reception,” and focuses more on the two ads’ impact on the election, and the Dukakis campaign’s lack of response, instead of discussing the issues of race and crime as portrayed by the ads. It is not until October 24, less than two weeks before the election, that anyone in the mainstream media airs footage of critics questioning whether the ads are racially inflammatory, but these appearances are few and far between, and are always balanced with appearances by Bush supporters praising the campaign’s media strategy. [Inside Politics (.org), 1999; Inside Politics (.org), 1999; University of Virginia, Introduction to American Politics, 11/18/2009]
Denials - Bush and his vice presidential candidate Dan Quayle will deny that the ads are racist, and will accuse Democrats of trying to use racism to stir up controversy (see October 1988).
Failure to Respond - The Dukakis campaign will make what many political observers later characterize as a major political blunder: it refuses to answer the ads or dispute their content until almost the last days of the campaign, hoping that viewers would instead conclude that the ads are unfair without the Dukakis campaign’s involvement. The ads will be hugely successful in securing the election for Bush (see September-November 1988). [Museum of the Moving Image, 2008]

Entity Tags: Angie Barnes, Clifford Barnes, Committee for the Presidency, Dan Quayle, George Herbert Walker Bush, Americans for Bush, InsidePolitics (.org), Francis Sargent, Michael Dukakis, William (“Willie”) Horton, Lee Atwater, National Security Political Action Committee, Thomas Moorer, Roger Ailes, Larry McCarthy

Timeline Tags: Domestic Propaganda, Elections Before 2000

The “Willie Horton” ad campaign, a pair of ads launched by an “independent” organization on behalf of the Bush re-election campaign and by the Bush campaign itself (see June-September 1988 and September 21 - October 4, 1988), is considered an immediate success by veteran political observers, in spite of what many call its overtly racist appeal. Because the first ad, “Weekend Pass,” was the product of an ostensibly independent organization, the Bush campaign is able to keep a distance between itself and the ad. In the last weeks of the campaign, some polls show that voters blame President Bush and Democrat Michael Dukakis almost equally for the negative tone of the campaign. While the ads only ran a relatively small number of times, news networks run the ads repeatedly, often adding their own analysis while the images of the ads run in the background. According to InsidePolitics, only once does any journalist challenge the “deceptive information from Bush’s crime ads.… By amplifying Bush’s claims, news reporters gave the ads even greater legitimacy than otherwise would have appeared. News accounts quoted election experts who noted that Bush’s tactics were effective and that Dukakis’ failure to respond was disastrous. Because these assessments appeared in the high credibility framework of news broadcasts, they came across as more believable than had they been aired only as paid advertisements.” The “Weekend Pass” and “Revolving Door” ads have a palpable effect on the electorate, energizing voters who cite “law and order” as one of their major concerns for the nation, and driving many of them towards voting for Bush. Less discussed but equally powerful is the racial effect of the ads. Polls show that many white voters feel fearful because of the ads, and feel that Bush, not Dukakis, will make them safer from crime. InsidePolitics notes that the Bush campaign “had picked the perfect racial crime, that of a black felon raping a white woman.” Later research will show that many viewers saw the Horton case as more about race than crime; many subjects exposed to news broadcasts about the Horton case responded in racial terms, with studies finding that the ads “mobilized whites’ racial prejudice, not their worries about crime.” InsidePolitics will write: “Viewers became much more likely to feel negatively about blacks in general after having heard the details of the case. It was an attack strategy that worked well on several different levels for Republicans.” [Inside Politics (.org), 1999; University of Virginia, Introduction to American Politics, 11/18/2009] After the election, a New York Times voter poll will rate the “Revolving Door” ad as the single most influential ad of the campaign. The ad was particularly effective among white women, many of whom said that after watching it during the campaign, they began to view Bush as “stronger on crime” and as the candidate who would keep them “safer.” In 1999, InsidePolitics will write that voters often conflated the two ads, and it is unclear from poll responses whether they differentiated between the independently produced ad and the Bush campaign ad. InsidePolitics also notes the powerful impact of the Horton ad’s clear reference to rape. Dukakis’s campaign manager Susan Estrich will say: “The symbolism was very powerful… you can’t find a stronger metaphor, intended or not, for racial hatred in this country than a black man raping a white woman.… I talked to people afterward.… Women said they couldn’t help it, but it scared the living daylights out of them.” [Inside Politics (.org), 1999]

Entity Tags: Michael Dukakis, William (“Willie”) Horton, George Herbert Walker Bush, Susan Estrich, InsidePolitics (.org)

Timeline Tags: Domestic Propaganda, Elections Before 2000

The “Willie Horton” (a.k.a. “Weekend Pass”) campaign ad, produced by an “independent” political organization on behalf of the Bush re-election campaign (see June-September 1988 and September 21 - October 4, 1988), and the Bush campaign’s accompanying ad, “Revolving Door,” draw accusations from the Democratic challenger, Michael Dukakis, that they are racist in their appeals. President Bush denies the accusations that race has anything to do with the ads, or even that racism exists. He calls the Dukakis accusations “some desperation kind of move,” and says: “There isn’t any racism. It’s absolutely ridiculous.” Dukakis is leveling these accusations, Bush says, because he “is weak on crime and defense and that’s the inescapable truth.” Bush accuses Dukakis of lying about his record, and accuses the Democrat of both racist and sexist behavior, though he gives no details or evidence. Bush’s vice-presidential candidate, Dan Quayle, agrees, and accuses the Dukakis campaign of behaving in a racist manner, saying: “It’s totally absurd and ridiculous. I think it shows just how desperate they really are, to start fanning the flames of racism in this country.” Civil rights leader Jesse Jackson has accused the Bush campaign of trying to incite racial fears through the Horton ad, and Dukakis’s vice-presidential candidate, Lloyd Bentsen, says there seems to be “a racial element” in the Bush campaign’s strategy. In contrast to Bush’s denials, Bush media adviser Roger Ailes jokes with reporters about the ads, saying that the campaign’s only question about the Horton ad was whether to portray Horton “with a knife in his hand or without it,” and accuses Dukakis’s campaign of spreading racism about Hispanics in its own ads. Bush states that he is “fully behind” both the “Weekend Pass” and “Revolving Door” ads. [New York Times, 10/25/1988]

Entity Tags: Lloyd Bentsen, Dan Quayle, George Herbert Walker Bush, Jesse Jackson, William (“Willie”) Horton, Michael Dukakis, Roger Ailes

Timeline Tags: Domestic Propaganda, Elections Before 2000

Two Democratic organizations in Ohio file a complaint with the Federal Election Commission (FEC) in the matter of the now-infamous “Willie Horton” ads used to great effect by the Bush re-election campaign (see June-September 1988 and September 21 - October 4, 1988). The complaint alleges that the ostensibly independent political organization that created and financed the first ad, the National Security Political Action Committee (NSPAC), violated the law on independent expenditures (see May 1990 and After). The complaint uncovers numerous connections between NSPAC and the Bush campaign. However, the FEC refuses to charge the Bush campaign with campaign finance violations. [Inside Politics (.org), 1999]

Entity Tags: National Security Political Action Committee, Federal Election Commission, George Herbert Walker Bush

Timeline Tags: Civil Liberties, Domestic Propaganda, Elections Before 2000

Congress reauthorizes the 1965 Voting Rights Act (VRA—see August 6, 1965, 1970, and 1975) for 25 years, until 2014. It also overturns via legislation the Supreme Court’s decision to force voters to prove discriminatory intent before receiving redress (see April 22, 1980). President Reagan signs the bill into law. The reauthorization also adds protections for blind, disabled, and illiterate voters. Reagan calls the right to vote a “crown jewel” of American liberties. [American Civil Liberties Union, 2012]

Entity Tags: Voting Rights Act of 1965, US Congress, Ronald Reagan, US Supreme Court

Timeline Tags: Civil Liberties

African-American writer Anthony Walton writes for the New York Times Magazine his thoughts on the overtly racist “Willie Horton” ad campaign launched the year before by the Bush re-election campaign (see June-September 1988 and September 21 - October 4, 1988). Walton writes: “George Bush and his henchmen could not have invented Willie Horton. Horton, with his coal-black skin; huge, unkempt Afro, and a glare that would have given Bull Connor or Lester Maddox [infamous white supremacists who abused African-Americans in the 1950s and ‘60s] serious pause, had committed a brutal murder in 1974 and been sentenced to life in prison. Then, granted a weekend furlough from prison, had viciously raped a white woman in front of her fiance, who was also attacked. Willie Horton was the perfect symbol of what happened to innocent whites when liberals (read Democrats) were on the watch, at least in the gospel according to post-Goldwater Republicans. Horton himself, in just a fuzzy mug shot, gave even the stoutest, most open, liberal heart a shiver. Even me. I thought of all the late nights I had ridden in terror on the F and A trains, while living in New York City. I thought Willie Horton must be what the wolf packs I had often heard about, but never seen, must look like. I said to myself, ‘Something has got to be done about these n_ggers.’” Walton recounts several instances where he himself has been the victim of racism, and notes that in many eyes, he and Horton are interchangeable: “If Willie Horton would become just a little middle-class, he would look like me.… [I]n retrospect, I can see that racism has always been with me, even when I was shielded by love or money, or when I chose not to see it. But I saw it in the face of Willie Horton, and I can’t ignore it, because it is my face.” [New York Times Magazine, 8/20/1989]

Entity Tags: William (“Willie”) Horton, Anthony Walton

Timeline Tags: Domestic Propaganda

The Supreme Court, in the case of Austin v. Michigan Chamber of Commerce, rules that the Michigan Chamber of Commerce (MCC) cannot run newspaper advertisements in support of a candidate for the state legislature because the MCC is subject to the Michigan Campaign Finance Act, which prohibits corporations from using treasury money to support or oppose candidates running for state offices. The Court finds that corporations can use money only from funds specifically designated for political purposes. The MCC holds a political fund separate from its other monies, but wanted to use money from its general fund to buy political advertising, and sued for the right to do so. The case explored whether a Michigan law prohibiting such political expenditures is constitutional. The Court agrees 7-2 that it is constitutional. Justices Antonin Scalia and Anthony Kennedy dissent, arguing that the government should not require such “segregated” funds, but should allow corporations and other such entities to spend their money on political activities without such restraints. [Public Resource (.org), 1990; Casebriefs, 2012; Moneyocracy, 2/2012] The 2010 Citizens United ruling (see January 21, 2010) will overturn this decision, with Scalia and Kennedy voting in the majority, and Kennedy writing the majority opinion.

Entity Tags: Michigan Chamber of Commerce, Anthony Kennedy, Michigan Campaign Finance Act, US Supreme Court, Antonin Scalia

Timeline Tags: Civil Liberties

The Ohio Democratic party and a group called Black Elected Democrats of Ohio file a complaint with the Federal Election Commission (FEC) over the infamous “Willie Horton” campaign ad of 1988 (see September 21 - October 4, 1988), claiming that the “outside” organization that released the ad, the National Security Political Action Committee (NSPAC), violated the law on independent expenditures, and that NSPAC functioned as an arm of the 1988 Bush presidential campaign. According to the complaint, it was legal for NSPAC to expend funds criticizing Democratic presidential candidate Michael Dukakis and supporting President Bush’s election only if the expenditures were independent and uncoordinated between the two organizations. Any spending that was made “in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents,” represented an illegal “in-kind contribution” in excess of federal contribution limits. The FEC conducts an investigation into the relationship between NSPAC and the Bush campaign. The investigation uncovers several ties between the two organizations. For example, Larry McCarthy, the NSPAC media consultant who, as a top marketing expert for the NSPAC’s “Americans for Bush” organization, created the Horton ad, worked for top Bush campaign adviser Roger Ailes; McCarthy was a former senior vice president of Ailes Communications, Inc. (ACI), which functioned as the main media consulting firm for the Bush campaign. McCarthy tells investigators he worked at ACI until January 1987, but continued to work with ACI on “a contractual basis” until December 1987, when he began working as Senator Robert Dole (R-KS)‘s media consultant. McCarthy admits to having a number of contacts with Ailes during the Bush-Dukakis campaign, but says some of them were “of a passing social nature,” such as “running into one another in restaurants or at airports.” He denies discussing “anything relative to the Bush presidential campaign, NSPAC, or political matters.” McCarthy’s story is contradicted by Ailes, who tells the FEC that he had talked to McCarthy twice about opportunities to work for the Bush campaign, opportunities Ailes says McCarthy lost by working for NSPAC. The FEC also discovers that another former ACI employee, Jesse Raiford of Raiford Communications, worked on the Horton ad, and while doing so “simultaneously received compensation from NSPAC and the Bush campaign.” Raiford also “expended NSPAC funds for the production of the Willie Horton ad.” Though there is clear evidence of illegal connections and complicity between the Bush campaign and NSPAC, the FEC’s Board of Commissioners deadlock 3-3 on voting whether to bring formal charges against the two organizations. The swing vote, commissioner Thomas Josefiak, says the explanations from Ailes and McCarthy about their lack of substantive contacts during the campaign “were plausible and reasonably consistent.” Josefiak says both were guilty of “bad judgment” and may have acted “foolish[ly],” but did nothing warranting legal action. The FEC also determines that Raiford only “performed technical tasks” for the two organizations, “and played no role in any substantive or strategic decisions made by either organization.” The commissioners conclude that neither organization violated campaign finance law. [Inside Politics (.org), 1999]

Entity Tags: Federal Election Commission, Americans for Bush, Ailes Communications, Thomas Josefiak, Democratic Party of Ohio, Roger Ailes, National Security Political Action Committee, George Herbert Walker Bush, Jesse Raiford, Raiford Communications, Larry McCarthy, Black Elected Democrats of Ohio, Michael Dukakis

Timeline Tags: Civil Liberties, Domestic Propaganda, Elections Before 2000

GOPAC logo.GOPAC logo. [Source: Mullings (.com)]A New York Times editorial derides a recent effort by a conservative political action committee to label political opponents with slanderous epithets. According to the editorial, GOPAC, the GOP Political Action Committee chaired by Representative Newt Gingrich (R-GA), has issued a glossary mailed to Republican state legislative candidates urging them to use the following words to characterize their Democratic opponents: “sick,” “traitors,” “bizarre,” “self-serving,” “shallow,” “corrupt,” “pathetic,” and “shame.” GOPAC later “regretted” including the word “traitors” in that list of characterizations, the editorial reports, but has continued to back the use of the other epithets. The glossary is part of a pamphlet entitled “Language: A Key Mechanism of Control,” and features a letter from Gingrich advising the candidates to step up the personal invective against their opponents because, he writes, vilification works. The Times writes: “Mr. Gingrich’s injunction represents the worst of American political discourse, which reached a low during the dispiriting presidential campaign of 1988 (see September 21 - October 4, 1988). Then, more than ever before, negative argument displaced reasoned discussion about how a nation might best be governed. The sound bite reigned. Attack commercials flourished. The signs this year aren’t any better. Evidence that negative campaigning can come back to sink the sender has had little impact. The races for governor in California and Texas have already seen the same slash and burn. No doubt the proceedings will grow more rabid still as November nears. Negative discourse serves democracy poorly. The temptation to avoid serious debate is already great. It increases as the stakes soar and slander becomes a rewarding, easy option. The issues of the day go untended. The whole affair takes on the character of the gladiator’s art. The GOPAC glossary may herald a descent into even lower levels of discourse. It comes blessed by a politician of some influence—the Republican whip in the House—and it is intended for candidates on the state level, many of them presumably running for the first time. Even though Mr. Gingrich himself may not have seen the list before it was mailed, this is a disturbing document. The nakedness of the GOPAC offering also makes it useful. There must be limits to the negative politics that voters will bear; the bald appeal to invective will certainly probe those limits. For now, it should be said that some adjectives in the glossary aptly describe the glossary itself: shallow, sensationalist, and, yes, shame(ful).” [New York Times, 9/20/1990; Propaganda Critic, 9/29/2002; Propaganda Critic, 9/29/2002] Later in the year, the pamphlet will win the Doublespeak Award from the National Conference of Teachers of English. [Propaganda Critic, 9/29/2002] Gingrich and GOPAC will expand upon the original pamphlet in 1995, after Gingrich becomes speaker of the House (see 1995).

Entity Tags: National Conference of Teachers of English, New York Times, Newt Gingrich, GOP Political Action Committee

Timeline Tags: Domestic Propaganda, Elections Before 2000

Radio personality Rush Limbaugh hosts his own late-night television show; Roger Ailes, the Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), is his executive producer. On this show, Limbaugh gives his response to African-American filmmaker Spike Lee’s recommendation that African-American children be allowed to skip school to watch his biographical docudrama Malcolm X: “Spike, if you’re going to do that, let’s complete the education experience. You should tell them that they should loot the theater and then blow it up on their way out.” [Media Matters, 10/27/2009] Ailes will go on to found Fox News (see October 7, 1996).

Entity Tags: Shelton Jackson (“Spike”) Lee, Fox News, Rush Limbaugh, Roger Ailes

Timeline Tags: Domestic Propaganda

The outgoing President Bush pardons six former Reagan officials for any crimes they may have committed as part of their involvement in the Iran-Contra affair. One of the six, former Defense Secretary Caspar Weinberger, was slated to go on trial in January 1993 on charges that he lied to Congress about his knowledge of arms sales to Iran and funding from other countries for the Nicaraguan Contras (see July 24, 1992). Weinberger’s case was expected to reveal details of then-Vice President Bush’s involvement in the affair. Bush has refused to turn over a 1986 campaign diary he kept that may contain evidence of his involvement. Special prosecutor Lawrence Walsh says of the pardons, “[T]he Iran-Contra cover-up, which has continued for more than six years, has now been completed.” The pardons “undermine… the principle that no man is above the law. It demonstrates that powerful people with powerful allies can commit serious crimes in high office—deliberately abusing the public trust without consequence.” Walsh says that he believes Bush may have pardoned Weinberger to conceal his own complicity and possibly criminal actions in Iran-Contra. Bush also pardons former National Security Adviser Robert McFarlane and former Assistant Secretary of State Elliott Abrams, both of whom have already pled guilty to misdemeanor charges of withholding information from Congress. Bush also pardons Clair George, the former head of the CIA’s clandestine services, convicted earlier in December of two felony charges of perjury and misleading Congress. Finally, he pardons two other CIA officials, Duane Clarridge, who is awaiting trial, and Alan Fiers, who pled guilty to withholding information from Congress, and who testified against George. For his part, Bush says he is merely trying to “put bitterness behind us” in pardoning the six, many of whom he said have already paid a heavy price for their involvement. Senator George Mitchell (D-ME) is sharply critical of the pardons, saying, “If members of the executive branch lie to the Congress, obstruct justice and otherwise break the law, how can policy differences be fairly and legally resolved in a democracy?” [New York Times, 12/25/1992]

Entity Tags: Robert C. McFarlane, Caspar Weinberger, Alan Fiers, Clair George, Lawrence E. Walsh, Contras, George Herbert Walker Bush, Duane Clarridge, Elliott Abrams, George Mitchell

Timeline Tags: Iran-Contra Affair

Radio personality Rush Limbaugh hosts his own late-night television show; Roger Ailes, the Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), is Limbaugh’s executive producer. On this show, Limbaugh notes a recent comment of Senator Strom Thurmond (R-SC), who told a gay solder that his lifestyle was “not normal” and advised the soldier to get psychiatric help. Thurmond, who ran for president in 1948 on an explicitly racist, segregationist third-party platform and who led the “Dixiecrat” exodus of Southern racists out of the Democratic Party (see March 12, 1956 and After), is praised by Limbaugh. The commentator says of Thurmond: “He is not encumbered by trying to be politically correct. He’s not encumbered by all of the—the so-called new niceties and proprieties. He just says it, and if you want to know what America used to be—and a lot of people wish it still were—then you listen to Strom Thurmond.… He got a standing ovation. Now people—people applauded that. People applaud—because—you know, Strom Thurmond can say it because he’s 90 years old and people say: ‘Ah, he’s just an old coot. He’s from the old days,’ and so forth. But that’s what most people think. They just don’t have the guts to say it. That’s why they applaud when somebody does say it that directly and that simply.” [Media Matters, 10/27/2009] Ailes will go on to found Fox News (see October 7, 1996).

Entity Tags: Roger Ailes, Fox News, Strom Thurmond, Rush Limbaugh

Timeline Tags: Domestic Propaganda

The National Voter Registration Act (NVRA), or the “Motor Voter” Bill, signed into law by President Clinton, increases opportunities for voter registration. It particularly impacts minority and low-income voters. The NVRA requires states to provide for voter registration by mail, to allow voters to register when they receive driver’s licenses, and to allow voter registration at state agencies such as welfare and unemployment offices. The NVRA provides for the Justice Department to use federal courts to ensure compliance, and gives the Federal Election Commission (FEC) the responsibility of helping the 50 states develop mail-in voter registration forms. (In 2002, that responsibility will be shifted to the Election Assistance Commission under the Help America Vote Act—see October 29, 2002.) The NVRA takes effect on January 1, 1995, in all but six states—Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming—because they have no voter registration requirements, or they have election-day registration at polling places. Arkansas, Vermont, and Virginia are given extra time to comply with the NVRA because they need to modify their state constitutions. Many states, including California, Illinois, Michigan, Mississippi, Pennsylvania, New York, South Carolina, Vermont, and Virginia, will refuse to comply with the NVRA, and the resulting court cases will establish the constitutionality of the NVRA, and the Justice Department will order the states to drop their objections and comply with the act. [American Civil Liberties Union, 2012; US Department of Justice, 2012]

Entity Tags: Help America Vote Act, Election Assistance Commission, Federal Election Commission, US Department of Justice, William Jefferson (“Bill”) Clinton, National Voter Registration Act

Timeline Tags: Civil Liberties

An ad for Fox News by the news organization’s parent company, News Corporation.An ad for Fox News by the news organization’s parent company, News Corporation. [Source: Huffington Post]Fox News registers the slogan “fair and balanced” as a trademark for its news and opinion broadcasts. In 2008, authors Kathleen Hall Jamieson and Joseph N. Cappella will note that conservative-slanted Fox News (see October 7, 1996 and December 20, 2004) lives up, in a sense, to its promise of “fair and balanced” news and opinion by “simply inviting liberal guests—not by ensuring that their ideas will receive compatible time.” They will note, “The notion of different amounts of access is important, because we know that in highly controlled settings, mere exposure to signs and symbols produces a preference for them.” Fox disproportionately exposes its audience to conservative messages and arguments more than moderate or liberal ones. As a result, the authors observe, “[a]n audience that gravitates primarily to conservative sources whose message is consistent and repetitive is more susceptible to alternate points of view in approximately equal amounts.” The authors will continue, “Fox’s claim that Fox is unbiased because it is ‘fair and balanced’ is made with a wink and a nod.” They will quote conservative editorialist Robert Bartley of the Wall Street Journal (see January 20, 2003) and conservative financier Richard Viguerie (see July 2004) to bolster their argument. [CBS News, 8/12/2003; Jamieson and Cappella, 2008, pp. 49]

Entity Tags: Kathleen Hall Jamieson, Fox News, Joseph N. Cappella

Timeline Tags: Domestic Propaganda

Fox News logo.Fox News logo. [Source: Fox News]Fox News begins broadcasting on US cable television. Fox News provides 24-hour news programming alongside the nation’s only other such cable news provider, CNN. Fox executive Roger Ailes, a former campaign adviser for Richard Nixon, Ronald Reagan and George H. W. Bush (see 1968, January 25, 1988, and September 21 - October 4, 1988), envisions Fox News as a conservative “antidote” to what he calls the “liberal bias” of the rest of American news broadcasting. Ailes uses many of the methodologies and characteristics of conservative talk radio, and brings several radio hosts on his channel, including Sean Hannity and Bill O’Reilly, to host television shows. [Jamieson and Cappella, 2008, pp. 47; New York Magazine, 5/22/2011] Referring to Ailes’s campaign experience, veteran Republican consultant Ed Rollins later says: “Because of his political work, he understood there was an audience. He knew there were a couple million conservatives who were a potential audience, and he built Fox to reach them.” [New York Magazine, 5/22/2011]
Ailes Planned for Fox News as Far Back as 1970 - Ailes began envisioning a conservative news provider to counter what he considers the mainstream media’s “liberal bias” as early as 1970, when he became heavily involved with a Nixon administration plan to plant conservative propaganda in news outlets across the nation (see Summer 1970). In 1971, he headed a short-lived private conservative television news network, Television News Incorporated (TVN—see 1971-1975), which foundered in 1975 in part because of its reporters and staffers balking at reporting Ailes-crafted propaganda instead of “straight” news. Ailes told a New York Times reporter in 1991 that he was leaving politics, saying: “I’ve been in politics for 25 years. It’s always been a detour. Now my business has taken a turn back to my entertainment and corporate clients.” But Ailes misinformed the reporter. He continued to work behind the scenes on the 1992 Bush re-election campaign, providing the campaign with attack points against Democratic contender Bill Clinton (D-AR) and earning the nickname “Deep Throat” from Bush aides. Though Ailes did do work in entertainment, helping develop tabloid television programs such as The Maury Povich Show and heading the cable business news network CNBC for three years, Ailes has continued to stay heavily involved in Republican politics ever since. Ailes became involved in the creation of Fox News in early 1996 after he left NBC, which had canceled his show America’s Talking and launched a new cable news network, MSNBC, without asking for Ailes’s involvement. Fox News is owned by News Corporation (sometimes abbreviated NewsCorp), an international media conglomerate owned by conservative billionaire Rupert Murdoch. When NBC allowed Ailes to leave, Jack Welch, the chairman of NBC’s parent company General Electric, said, “We’ll rue the day we let Roger and Rupert team up.” Murdoch has already tried and failed to buy CNN, and has already begun work on crafting news programs with hard-right slants, such as a 60 Minutes-like show that, reporter Tim Dickinson will write, “would feature a weekly attack-and-destroy piece targeting a liberal politician or social program.” Dan Cooper, the managing editor of the pre-launch Fox News, later says, “The idea of a masquerade was already around prior to Roger arriving.” Eric Burns, who will work for ten years as a Fox News media critic before leaving the network, will say in 2011: “There’s your answer right there to whether Fox News is a conventional news network or whether it has an agenda. That’s its original sin.” To get Fox News onto millions of cable boxes at once, Murdoch paid hundreds of millions of dollars to cable providers to air his new network. Murdoch biographer Neil Chenoweth will later write: “Murdoch’s offer shocked the industry. He was prepared to shell out half a billion dollars just to buy a news voice.” Dickinson will write, “Even before it took to the air, Fox News was guaranteed access to a mass audience, bought and paid for.” Ailes praised Murdoch’s “nerve,” saying, “This is capitalism and one of the things that made this country great.” [New York Magazine, 5/22/2011; Rolling Stone, 5/25/2011]
Using Conservative Talk Radio as Template - In 2003, NBC’s Bob Wright will note that Fox News uses conservative talk radio as a template, saying: “[W]hat Fox did was say, ‘Gee, this is a way for us to distinguish ourselves. We’re going to grab this pent-up anger—shouting—that we’re seeing on talk radio and put it onto television.’” CBS News anchor Dan Rather will be more critical, saying that Fox is a reflection of Murdoch’s own conservative political views. “Mr. Murdoch has a business, a huge worldwide conglomerate business,” Rather says. “He finds it to his benefit to have media outlets, press outlets, that serve his business interests. There’s nothing wrong with this. It’s a free country. It’s not an indictable offense. But by any clear analysis the bias is towards his own personal, political, partisan agenda… primarily because it fits his commercial interests.” [New Yorker, 5/26/2003]
Putting Ideology Over Journalistic Ethics, Practices - Ailes, determined not to let journalists with ethical qualms disrupt Fox News as they had his previous attempt at creating a conservative news network (see 1971-1975), brought a hand-picked selection of reporters and staffers with demonstrable conservative ideologies from NBC, including business anchor Neil Cavuto and Steve Doocy, who hosts the morning talk show “Fox and Friends.” Both Cavuto and Doocy are Ailes loyalists who, Dickinson will say, owe their careers to Ailes. Ailes then tapped Brit Hume, a veteran ABC correspondent and outspoken conservative, to host the main evening news show, and former Bush speechwriter Tony Snow as a commentator and host. John Moody, a forcefully conservative ABC News veteran, heads the newsroom. Ailes then went on a purge of Fox News staffers. Joe Peyronnin, who headed the network before Ailes displaced him, later recalls: “There was a litmus test. He was going to figure out who was liberal or conservative when he came in, and try to get rid of the liberals.” Ailes confronted reporters with suspected “liberal bias” with “gotcha” questions such as “Why are you a liberal?” Staffers with mainstream media experience were forced to defend their employment at such venues as CBS News, which he calls the “Communist Broadcast System.” He fired scores of staffers for perceived liberal leanings and replaced them with fiery young ideologues whose inexperience helps Ailes shape the network to his vision. Before the network aired its first production, Ailes had a seminal meeting with Moody. “One of the problems we have to work on here together when we start this network is that most journalists are liberals,” he told Moody. “And we’ve got to fight that.” Reporters and staffers knew from the outset that Fox, despite its insistence on being “fair and balanced” (see 1995), was going to present news with a conservative slant, and if that did not suit them, they would not be at Fox long. A former Fox News anchor later says: “All outward appearances were that it was just like any other newsroom. But you knew that the way to get ahead was to show your color—and that your color was red.” The anchor refers to “red” as associated with “red state,” commonly used on news broadcasts to define states with Republican majorities. Ailes will always insist that while his network’s talk-show hosts, such as O’Reilly, Hannity, and others, are frankly conservative, Fox’s hard-news shows maintain what he calls a “bright, clear line” that separates conservative cant from reported fact. In practice, this is not the case. Before Fox aired its first broadcast, Ailes tasked Moody to keep the newsroom in line. Early each morning, Ailes has a meeting with Moody, often with Hume on speakerphone from the Washington office, where the day’s agenda is crafted. Moody then sends a memo to the staff telling them how to slant the day’s news coverage according to the agenda of those on “the Second Floor,” as Ailes and his vice presidents are known. A former Fox anchor will later say: “There’s a chain of command, and it’s followed. Roger talks to his people, and his people pass the message on down.” After the 2004 presidential election, Bush press secretary Scott McClellan will admit, “We at the White House were getting them talking points.”
Targeting a Niche Demographic - Fox New’s primary viewership defies most demographic wisdom. According to information taken in 2011, it averages 65 years of age (the common “target demographic” for age is the 18-24 bracket), and only 1.38% of its viewers are African-American. Perhaps the most telling statistics are for the Hannity show: 86% describe themselves as pro-business, 84% believe government “does too much,” 78% are “Christian conservatives,” 78% do not support gay rights, 75% are “tea party backers,” 73% support the National Rifle Association, 66% lack college degrees, and 65% are over age 50. A former NewsCorp colleague will say: “He’s got a niche audience and he’s programmed to it beautifully. He feeds them exactly what they want to hear.” Other polls from the same time period consistently show that Fox News viewers are the most misinformed of all news consumers, and one study shows that Fox News viewers become more misinformed the more they watch the network’s programming.
Ailes's Security Concerns Affect Operations, Broadcasting - Ailes is uncomfortable in his office, a second-floor corner suite in the Fox News building at 1211 Avenue of the Americas in Manhattan. His office is too close to the street for his tastes; he believes that gay activists intend to try to harm him, either by attacks from outside the building or through assaults carried out from inside. He also believes that he is a top target for al-Qaeda assassins. Ailes barricades himself behind an enormous mahogany desk, insists on having “bombproof” glass installed in the windows, surrounds himself with heavily-armed bodyguards, and carries a firearm (he has a concealed-carry permit). A monitor on his desk shows him what is transpiring outside his office door; once, when he sees a dark-skinned man wearing what he thought was Muslim garb on the monitor, he will order an immediate lockdown of the entire building, shouting, “This man could be bombing me!” The man will turn out to be a janitor. A source close to Ailes will say, “He has a personal paranoia about people who are Muslim—which is consistent with the ideology of his network.” A large security detail escorts him daily to and from his Garrison, New Jersey home to his Manhattan offices; in Garrison, his house is surrounded by empty homes Ailes has bought to enhance his personal security. According to sources close to Ailes, Fox News’s slant on gay rights and Islamist extremism is colored by Ailes’s fear and hatred of the groups.
'We Work for Fox' - Sean Wilentz, a Princeton historian and Reagan biographer, will say: “Fox News is totalized: It’s an entire network, devoted 24 hours a day to an entire politics, and it’s broadcast as ‘the news.’ That’s why Ailes is a genius. He’s combined opinion and journalism in a wholly new way—one that blurs the distinction between the two.” Dickinson will write: “Fox News stands as the culmination of everything Ailes tried to do for Nixon back in 1968. He has created a vast stage set, designed to resemble an actual news network, that is literally hard-wired into the homes of millions of America’s most conservative voters. GOP candidates then use that forum to communicate directly to their base, bypassing the professional journalists Ailes once denounced as ‘matadors’ who want to ‘tear down the social order’ with their ‘elitist, horse-dung, socialist thinking.’ Ironically, it is Ailes who has built the most formidable propaganda machine ever seen outside of the Communist bloc, pioneering a business model that effectively monetizes conservative politics through its relentless focus on the bottom line.” Former Bush speechwriter David Frum will observe: “Republicans originally thought that Fox worked for us. Now we’re discovering that we work for Fox.” [New York Magazine, 5/22/2011; Rolling Stone, 5/25/2011]

Entity Tags: Eric Burns, Tim Dickinson, Neil Cavuto, Dan Cooper, Steve Doocy, Joe Peyronnin, John Moody, David Frum, Sean Wilentz, News Corporation, Scott McClellan, Jack Welch, Tony Snow, MSNBC, Brit Hume, Television News Incorporated, Ronald Reagan, Roger Ailes, CNN, Fox News, CNBC, George Herbert Walker Bush, Sean Hannity, Neil Chenoweth, Ed Rollins, William Jefferson (“Bill”) Clinton, Bill O’Reilly, Nixon administration, Dan Rather, Bob Wright, Rupert Murdoch

Timeline Tags: Domestic Propaganda

Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters.Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters. [Source: Salon]Soon after Jeb Bush (R-FL) becomes governor of Florida minority voters are increasingly purged from the Florida voting rolls. In his unsuccessful 1994 run for governor, Bush had won the animus of African-American voters by showing a lack of interest in their concerns; during one debate, when asked what he would do for Florida’s black community, he answered, “Probably nothing.” He avoided such comments in his 1998 campaign, and won the election though he secured only 10 percent of the black vote. In his first year as governor, Bush eliminates many affirmative action programs and replaces them with what he calls the “One Florida Initiative,” which in effect grants state contracts almost exclusively to white male business owners. Black legislators, led by Democratic State Senator Kendrick Meek among others and joined by the NAACP, decide that they will mount a voter registration drive—“We’ll Remember in November”—to defeat Governor Bush and his allies, and to challenge Bush’s brother, Texas Governor George W. Bush, in his drive to the presidency (see 9:54 p.m. December 12, 2000). Veteran civil rights leader Elmore Bryant later says, “We didn’t need George W. doing to the whole nation what Jeb was doing to Florida.” Some Florida NAACP officials have a nickname for the governor: “Jeb Crow.” Black voters begin registering in unprecedented numbers.
Removing Black 'Felons' from the Rolls, Keeping Other Blacks Off - Bush and his allies decide to begin focusing on convicted felons (see June 24, 1974), pivoting off of a 1997 discovery that 105 convicted felons had illegally voted in a Miami mayoral election. Under Florida law, convicted felons are ineligible to vote. Seventy-one percent of convicted felons found on county voting rolls are registered Democrats, and the majority of those are black. Bush and the Republican-led Florida legislature pushes through a sweeping voter fraud bill opposed by almost every county elections supervisor in Florida. It mandates the strict enforcement of an obsolete 1868 law that took the vote away from all former prisoners who had not received clemency from the governor’s office no matter what their crimes or their circumstances. Only 14 states do not automatically restore a convicted citizen’s civil rights upon the completion of their prison sentence; Florida is one of those states. Florida’s population is only 15 percent black, but its prison population is 54 percent black—a huge disproportion. Convicted felons who ask for clemency usually are denied such clemency, no matter how much they had managed to clean up their lives—by 2000, less than 0.5 percent of former prisoners have regained their rights to vote. Meek later says that he has helped 175 former felons apply for clemency; only nine, he will say, succeed in regaining their voting rights. 17 percent of Florida’s black voting-age males are disenfranchised as of 2000. Florida leads the nation in its number of disenfranchised voters. Moreover, Florida leads the nation in charging juveniles with felonies, thusly depriving young citizens of their rights to vote even before they are old enough to exercise them. Democratic State Senator Daryl Jones says: “And every year the Florida legislature is trying to make more crimes felonies. Why? So they can eliminate more people from the voter rolls.… It’s been going on in Tallahassee for years.” By April 1998, as Jeb Bush’s campaign for governor is in full swing, the legislature mandated a statewide push to “purge” voter rolls of a wide variety of ineligible voters—those who have moved and registered in a different county or state, those considered mentally unstable, those who are deceased, and most significantly, convicted felons who have not had their rights restored. Voters such as Willie David Whiting, a Tallahassee pastor who has never been convicted of a crime, testified that they were denied their rights to vote because the lists conflated him with felon Willie J. Whiting. The purge list parameters considered him a “derived,” or approximate, match (see November 7, 2000). Whiting had to threaten to bring his lawyer to the precinct before being allowed to vote. “I felt like I was slingshotted back into slavery,” he testified. He tried to understand why he and so many others were denied their right to vote. “Does someone have a formula for stealing this election?” he says he asked himself. Overall, the new purge lists are hugely disproportionate in including black citizens. Hillsborough County’s voting population is 15 percent black, but 54 percent of its purged voters are black. Miami-Dade County’s voting population is 20 percent black, but 66 percent of its purged voters are black. Leon County’s voting population is 29 percent black, but 55 percent of its purged voters are black (see Early Afternoon, November 7, 2000).
Privatizing the Purge - The legislature contracts out the task of providing a “purge list” to a Tallahassee firm, Professional Analytical Services and Systems, using state databases. The results are riddled with errors that would cost huge numbers of Florida voters their right to vote. In August 1998. Ethel Baxter, the Director of the Florida Division of Elections, orders county elections supervisors not to release the list to the press in order to keep the list from generating negative publicity. Instead, the state awards a second contract, this time to Boca Raton’s Database Technologies (DBT). (DBT later merges with ChoicePoint, an Atlanta firm.) DBT produces two separate lists, one in 1999 and another in 2000, that included a total of 174,583 alleged felons. Later, a small number of convicts who had been granted clemency are removed from the list. The majority of the people on the lists were black, and presumably Democrats. DBT employees referred to the people on the list as “dirtbags,” among other epithets. When citizens begin learning that they are on the lists, and begin filing complaints, DBT product manager Marlene Thorogood expresses surprise. In an email, she says, “There are just some people that feel when you mess with their ‘right to vote’ your [sic] messing with their life.” By late 1999, it becomes apparent that the DBT lists are as riddled with errors as the first lists. Thousands of Florida citizens who had never been convicted of felonies, and in many cases no crimes at all, are on the lists. Some people’s conviction dates were given as being in the future. Angry complaints by the thousands inundated county elections supervisors, who in turn complain to Tallahassee.
Handling the Complaints - The person designated to compile the list is Emmett “Bucky” Mitchell IV, an assistant general counsel to the Florida Division of Elections. Mitchell, who is later promoted to a senior position in the Department of Education a week after the November 2000 elections, claims he tries to “err on the side of caution” in listing voters to be purged. But testimony and statements from county supervisors, state officials, DBT employees, and others paint a different picture. When warned in March 1999 of the likelihood of tens of thousands of “false positives”—names that should not be on the list but are because of similarities in names, birth dates, Social Security numbers, and the like—Mitchell tells Thorogood that the primary purpose of the lists is to include as many people as possible, false positives or not. It is the job of the county supervisors, he says, to weed out the legitimate voters from the lists. When told by DBT personnel that loose parameters for the names were causing an inordinate number of false positives, Mitchell, as directed by senior government officials, actually loosens the parameters instead of tightening them, ensuring tens of thousands more names on the list, and resultingly more false positives. DBT also includes names of convicted felons from other states in making up its lists, though 36 states automatically restore their prisoners’ rights upon completion of sentences. Thusly, over 2,000 residents of other states who had served their sentences, had their rights restored, and moved to Florida now find their voting rights illegally stripped by the purge list. In May 2000, some 8,000 names, mostly those of former Texas prisoners included on a DBT list, are found to have never committed anything more than a misdemeanor. Their names are eventually removed from the lists. (Subsequent investigations find that at least one of the Texas lists came from a company headed by a heavy Republican and Bush campaign donor.) Mitchell later admits that other such lists, equally erroneous, are incorporated into the purge lists, and those names are not removed. Before the 2000 elections, an appeals process is instituted, but it is tortuously slow and inefficient. Civil Rights Commission attorney Bernard Quarterman says in February 2001 that the people who filed appeals are, in essence, “guilty until proven innocent.” In its contract, DBT promises to check every name on the list before including it by both mail and telephone verifications, but it does not, and later contracts omit that procedure. Asked by Nation reporter John Lantigua about concerns with the lists, Mitchell dismisses them, saying: “Just as some people might have been removed from the list who shouldn’t have been, some voted who shouldn’t have.” Lantigua writes: “In other words, because an ineligible person may have voted somewhere else, it was acceptable to deny a legitimate voter the right to vote.” Mitchell verifies that he himself did not set the loose parameters for the lists, but that they came from Baxter in consultation with Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After).
County Supervisors Battle the Lists - Some county elections supervisors work diligently to comb through their lists and restore legitimate citizens’ voting rights. Leon County Elections Supervisor Ion Sancho testifies after the elections, “Our experience with the lists is that they are frequently erroneous.” He tells the Civil Rights Commission that he received one list with 690 names on it; after detailed checking by himself and his staff, 657 of those names were removed. Mitchell actually tells elections supervisors not to bother with such checks. Linda Howell, the elections supervisor for Madison County, later says: “Mr. Mitchell said we shouldn’t call people on the phone, we should send letters. The best and fastest way to check these matters was by phone, personal contact, but he didn’t want that.… We shouldn’t have had to do any of this. Elections supervisors are not investigators, and we don’t have investigators. It wasn’t our responsibility at all.” The process for unfairly purged voters to clear their names is slow and inefficient, and the backlog of voters waiting to have their names cleared by the Office of Executive Clemency was anywhere from six months to a year in duration. [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: Professional Analytical Services and Systems, National Association for the Advancement of Colored People, Willie D. Whiting, Marlene Thorogood, US Commission on Civil Rights, Kendrick Meek, Katherine Harris, Bernard Quarterman, County of Hillsborough (Florida), ChoicePoint, County of Miami-Dade (Florida), Daryl Jones, John Lantigua, Database Technologies, Elmore Bryant, Ethel Baxter, John Ellis (“Jeb”) Bush, Emmett (“Bucky”) Mitchell, Ion Sancho, Florida Division of Elections, George W. Bush

Timeline Tags: 2000 Elections, Civil Liberties

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

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

Theresa LePore, displaying signs of stress over the controversy that will ensue concerning her ‘butterfly ballot.’Theresa LePore, displaying signs of stress over the controversy that will ensue concerning her ‘butterfly ballot.’ [Source: BBC]Theresa LePore, the supervisor of elections for Palm Beach County, decides to use an unusual design for the upcoming election ballots. Because of a recent amendment to the Florida Constitution that makes it far easier for third-party and independent candidates to appear on the ballot for president, LePore has 10 presidential and vice-presidential candidates to fit on the ballot. She consulted with elections board employee Tony Enos; the two decided that a one-page ballot would have to use a typeface so small that many voters with vision problems would be unable to read the names. Instead, LePore chooses a two-page, or “facing page,” ballot design. She wants all 10 presidential candidates on the same page, so she goes with a design that has groups of candidates on either page and punchable holes in the center, in a vertical row: the voter will punch out the hole designated for his or her candidate. The design lists Republican candidates George W. Bush and Dick Cheney first on the left-hand page, with the punch hole designated for them also first; Reform Party candidates Pat Buchanan and Ezola Foster are first on the right-hand page, with their designated punch hole second; Democratic candidates Al Gore and Joseph Lieberman are second on the left-hand page, with their designated punch hole third. To many voters, the second punch hole designated for Buchanan and Foster will appear to be the hole designated for Gore and Lieberman (see November 9, 2000). [Tapper, 3/2001]

Entity Tags: Joseph Lieberman, Albert Arnold (“Al”) Gore, Jr., George W. Bush, Patrick Buchanan, Theresa LePore, Ezola Foster, Richard (“Dick”) Cheney, Tony Enos

Timeline Tags: 2000 Elections

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

Hundreds of thousands of voters in Miami-Dade County go to the polls to cast their votes for president. Two of its precincts, 255 and 535, are over 88 percent Democrat and over 90 percent African-American. The 20 punch-card machines designated for the two precincts were tested beforehand and certified as working properly, but in the hours before the polls open, a worker at Precinct 255 does a test and finds that seven of the 10 machines do not accept punch-card votes for president. Precinct clerk Donna Rogers will later claim that no one tells her of the problems with the machines, but by the end of the day, 113 of the 868 ballots cast do not register a vote for president. Of the votes that do register in the precinct, over 99 percent of them go to Democrat Al Gore. At Precinct 535, six of the 10 machines fail to register votes for president during test runs. Of the 820 ballots cast in this precinct, 105 do not register a vote for president. Gore wins over 98 percent of this precinct’s votes. The 13 percent “discarded ballot,” or “undervote,” rate for these two precincts is by far the largest in Miami-Dade. [Tapper, 3/2001] A later attempt to hand-count the ballots in question is forcibly prevented by an orchestrated “riot” by conservative activists and political aides at the Miami-Dade elections office (see 9:00 a.m. and after, November 22, 2000).

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

Timeline Tags: 2000 Elections, Civil Liberties

A portion of the so-called ‘butterfly ballot’ used in the Palm Beach County elections.A portion of the so-called ‘butterfly ballot’ used in the Palm Beach County elections. [Source: L. David Roper]In Palm Beach County, Florida, voters begin complaining of problems with the “butterfly ballot” almost as soon as the polls open. Many believe that the ballot’s confusing design is redirecting voters who want to vote for Democrat Al Gore to vote instead for Reform Party candidate Patrick Buchanan (see September 2000).
Alerting the Gore Campaign of Problems - Lawyer Liz Hyman, volunteering to work the election in Palm Beach for the Gore campaign, later recalls that starting at 7:00 a.m., voters approach her complaining about the ballot, some theorizing that someone or some group of people conspired to redirect Gore’s votes to Buchanan. Around 8:00 a.m., Hyman calls her father, Washington, DC, attorney Lester Hyman. “You’re not going to believe what’s going on down here,” she tells him, and advises him to alert someone at the national Gore campaign headquarters. Soon, Joe Sandler, the general counsel of the Democratic National Committee (DNC), contacts Liz Hyman in Palm Beach. During the same time period, a number of elderly, angry voters drive to election supervisor Theresa LePore’s office and demand an explanation for the ballot confusion, but LePore refuses to take their complaints seriously.
Complaints, Attempts to Clarify Voting Procedures - Poll clerk Ethel Brownstein, after seeing voters having difficulty casting their votes for Gore, begins telling voters at her precinct: “Please be careful. The first hole is [Republican George W.] Bush, the second is Buchanan, and the third is Gore.” The complaints keep coming in, with many voters worried that they have voted for Buchanan instead of their intended vote for Gore. Many voters punch the second hole, then reconsidering, punch the third hole also, inadvertently causing an “overvote” that will be discarded. Some voters even write “Gore” or draw arrows to indicate their selection. By 11:24 a.m., LePore receives a faxed letter from Bobby Brochin, the DNC’s counsel in Florida. Brochin, who is still unsure of the exact nature of the problem with the ballots, writes: “Apparently certain presidential ballots being utilized in several precincts in Palm Beach County are quite confusing. They contain two pages listing all of the presidential candidates, which may cause electors to vote twice in the presidential race. You should immediately instruct all deputy supervisors and other officials at these precincts that they should advise all electors (and post a written advisory) that the ballot for the presidential race is two pages long, and that electors should vote for only one presidential candidate.” LePore does not respond to Brochin’s fax. By noon, WPEC-TV is reporting on the “butterfly ballot” confusion, and, in author Jake Tapper’s words, “doing a hell of a lot better than the Democrats are” in explaining the issue. Gore campaign workers begin visiting precincts to explain to Gore voters how to properly cast their votes on the ballot. By the afternoon, early results show some dismaying returns.
'I Think I Voted for a Nazi' - Precinct 162-G, almost entirely composed of the Jewish retirement community Lakes of Delray, is showing a surprisingly large number of votes for Buchanan, a Holocaust denier who is roundly despised among most Jewish voters. Brochin resends his fax to LePore at 2:57 p.m., noting that he failed to get a response the first time. Gore campaign workers in the county re-record their TeleQuest phone-bank message with instructions on how to cast votes for Gore, and instructing voters who believe they may have miscast their votes to return to their polling places and make a complaint. Talk show host Randi Rhodes, an outspoken liberal who lives in the county, tells listeners on her afternoon radio show: “I got scared I voted for Pat Buchanan. I almost said, ‘I think I voted for a Nazi.’ When you vote for something as important as leader of the free world, I think there should be spaces between the names. We have a lot of people with my problem, who are going to vote today and didn’t bring their little magnifiers from the Walgreens. They’re not going to be able to decide that there’s Al Gore on this side and Pat Buchanan on the other side.… I had to check three times to make sure I didn’t vote for a fascist.”
Late Afternoon Advisory - This afternoon, Harold Blue, a World War II veteran who like his wife is legally blind, realizes after he cast his vote that a poll worker improperly instructed he and his wife to vote for Buchanan and not Gore. When Democratic officials like State Representative Lois Frankel, State Senator Ron Klein, and US Representative Robert Wexler visit the Palm Beach elections offices to find out what is going on, LePore begins to believe that there may be a serious problem with the “butterfly ballots.” She reluctantly agrees to write an advisory for the various precincts, but says she lacks the staff to distribute it; if the Democrats want it posted, they will have to deliver the advisory themselves. LePore’s advisory reads, “ATTENTION ALL POLL WORKERS PLEASE REMIND ALL VOTERS COMING IN THAT THEY ARE TO VOTE FOR ONLY ONE (1) PRESIDENTIAL CANDIDATE AND THEY ARE TO PUNCH THE HOLE NEXT TO THE ARROW NEXT TO THE NUMBER NEXT TO THE CANDIDATE THAT THEY WISH TO VOTE FOR.” Judge Charles Burton, a Republican member of the canvassing board, says he cannot understand the confusion, that the ballot clearly indicates by an arrow which hole is designated for Gore. Democratic board member Carol Roberts counters by warning Burton and LePore that some people are beginning to say the ballot may be illegal, and advises LePore to contact her own attorney. Burton says the ballot is clearly legal according to his interpretation of Florida election statutes, and that the law Democrats are citing—101.153(3)(a)—applies only to paper ballots, not punch-card ballots.
'File an Affidavit' - At 5:30 p.m., Democratic vice presidential contender Joseph Lieberman calls Rhodes in a prearranged “get out the vote” interview. The discussion quickly turns to the Palm Beach ballot confusion, and Rhodes urges Lieberman to consider “filing an affidavit,” presumably to contest the Palm Beach results. Florida lawyer Mitchell Berger is preparing to do just that, telling Brochin and other Democratic lawyers to prepare for court battles. [Tapper, 3/2001]

Entity Tags: Mitchell Berger, Randi Rhodes, Ron Klein, Lois Frankel, Robert Wexler, WPEC-TV, Theresa LePore, Lester Hyman, Patrick Buchanan, Liz Hyman, County of Palm Beach (Florida), Carol Roberts, Joseph Lieberman, Democratic National Committee, Ethel Brownstein, George W. Bush, Joseph Sandler, Jake Tapper, Harold Blue, Albert Arnold (“Al”) Gore, Jr., Bobby Brochin

Timeline Tags: 2000 Elections

Florida NAACP official Anita Davis begins receiving phone calls from African-American voters in Leon County, which includes the heavily African-American areas in and around Tallahassee, complaining about Highway Patrol roadblocks that are interfering with their attempts to get to their polling places. Davis calls the Highway Patrol office and is told the roadblocks are just routine traffic stops, asking motorists to show their license and insurance identification. However, given Florida’s often-ugly history of racial oppression, Davis wonders about the timing and nature of the roadblocks. “It’s odd for them to be out there on Election Day,” Davis says. “It just doesn’t smell right.” Davis and fellow NAACP officials soon conclude that the Highway Patrol is attempting to interfere with black citizens’ attempts to vote. [Tapper, 3/2001]

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

Timeline Tags: 2000 Elections, Civil Liberties

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

Based on Voter News Service (VNS) projections from exit polling, the Associated Press projects Vice President Al Gore, the Democratic presidential candidate, as the winner of the Florida elections over Governor George W. Bush (R-TX). Gore’s victory, if confirmed, would give him the electoral votes he needs to win the US presidency. The major television networks—ABC News, CBS News, Fox News, and NBC News—call Florida for Gore between 7:50 and 8:00 p.m. [Leip, 2008] In light of the predictions of a Gore victory, Bush decides to abandon his plans to watch the rest of the returns from a suite in the Austin, Texas, Four Seasons Hotel, and instead returns to the relative privacy of the governor’s mansion in Austin. [Tapper, 3/2001] Florida polling places in the Central Time Zone do not close until 8:00 p.m., so the networks’ projection that Florida is going to Gore comes out 10 minutes before those polling places—all in Florida’s “Panhandle” region, a Republican stronghold—close. Bush campaign officials will later allege that the networks called Florida for Gore an hour before the polls closed, potentially discouraging some Bush voters from casting their votes. The liberal news Web site Consortium News will later observe: “Though the networks certainly could have and obviously should have waited, it is unclear that any Bush voter decided not to go to the polls because of a projection that occurred only minutes before the polls closed. It’s unlikely that more than a few late-arriving voters were even aware of Gore’s projected victory.” [Consortium News, 11/22/2000] Many Florida lawmakers and officials are shocked by the pronouncement. Senator Bob Graham (D-FL) will later recall feeling that the networks are “stretching it” to make such a prediction. Broward County elections supervisor Jane Carroll will say acidly, “That’s very kind of [the networks] to just give this away.” Broward has yet to tally a single vote. Broward canvassing board chairman Judge Robert Lee is incredulous at the announcement, and like Graham and others, is disturbed that the networks would call the election before the polls are closed. As the evening goes on and the returns begin to come in, Lee wonders, “Why are they calling Florida for Gore when it’s so close?” Bush campaign strategist Karl Rove goes on the air to argue that Florida is still in play, and to complain about the networks’ choice to project Florida for Gore before the Panhandle counties have concluded their polling. The VNS voting predictions are later shown to be badly flawed, with a number of erroneous estimates, a drastic overestimation of African-American (Democratic) votes in Miami-Dade and a corresponding underestimation of Cuban-American (Republican) votes in that county, and poorly managed exit polling. [Tapper, 3/2001]

Entity Tags: County of Broward (Florida), Consortium News, Albert Arnold (“Al”) Gore, Jr., ABC News, Voter News Service, Robert Lee, Karl C. Rove, CBS News, Fox News, Daniel Robert (“Bob”) Graham, George W. Bush, County of Miami-Dade (Florida), Jane Carroll, NBC News

Timeline Tags: 2000 Elections

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

Several Republican spokesmen tell television news audiences that they believe Democratic presidential contender Al Gore should stop fighting for manual recounts in Florida (see Early Morning, November 8, 2000 and After 3:30 a.m. November 8, 2000). Former Governor John Sununu (R-NH) says: “There is a measure of character on how this is handled.… Everybody running around trying undermine confidence, by making allegations on the random chance that there might be some validity out there is unbelievable.… To be running around the way they are is exactly opposite of the statesmanlike character that Nixon showed in 1960” (see November 10, 2000). Republican political strategist Ed Rollins says, “The bottom line I think that by tomorrow, you are going to have a legitimate vote that gets approved by the board, or we are going to have a long tedious process that is going to damage the political process even more than it is today.” And Governor Frank Keating (R-NE) says: “There should be a recount, and once the count is over, the winner should be declared, and we should move on.… You haul in 50 lawyers per side and in about a year we’ll figure out where we are going. The reality is, the Democrats have played dirty tricks, I’m sure the Republicans, on occasion, have played dirty tricks.… We have to move on and resolve the election so the country can be stable.” [National Journal, 11/9/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., John Sununu, Frank Keating, Ed Rollins

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

George W. Bush (R-TX), reiterating the message of his campaign that he has indisputably won the Florida elections (see After 3:30 a.m. November 8, 2000), meets with reporters on the patio of the governor’s mansion in Texas, accompanied by his vice-presidential running mate, Dick Cheney. Bush tells reporters: “This morning brings news from Florida that the final vote count there shows that Cheney and I have carried the state of Florida. And if that result is confirmed in an automatic recount, as we expect it will be, we have won the election.” Bush is referring to the machine recounts triggered by the closeness of the election results (see Early Morning, November 8, 2000). Bush tells reporters that the race will “be resolved in a quick way,” a statement contradicted by Florida Secretary of State Katherine Harris, who says the questions surrounding the race “will not be resolved for 10 days.” Harris will soon be brought to heel and make statements as authorized by the Bush campaign (see After 3:30 a.m. November 8, 2000 and After). Bush takes a single question, then he and Cheney leave the lectern without speaking further. For his part, Democratic presidential candidate Al Gore urges that the process be carried out “expeditiously but deliberately—without a rush to judgment.” Gore says: “We now need to resolve this election in a way that is fair, forthright, and fully consistent with our Constitution and our laws. What is at issue here is the fundamental fairness of the process as a whole.” Bush campaign aides tell reporters that they are preparing to transition into the White House, with Bush naming Cheney to head the White House transition team and former Ford Motors executive Andrew Card named as White House chief of staff. [ABC News, 11/9/2000; Tapper, 3/2001]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Andrew Card, Katherine Harris, Richard (“Dick”) Cheney, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

New York Daily News columnist Mike Barnicle, considered by many to be a liberal, tells MSNBC viewers that Democratic presidential contender Al Gore should concede the election. Barnicle says, referring to Gore’s father, former Democratic Senator Albert Gore Sr.: “This could be Al Gore’s moment. It could be the moment where he finally gets the chance to live up to his great father’s ideals and have the courage to step aside.” [Fairness and Accuracy in Reporting, 11/16/2000; NewsBusters, 2011]

Entity Tags: Michael Barnicle, Albert Arnold (“Al”) Gore, Sr., Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections, Domestic Propaganda

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

A screenshot from NBC News’s November 19, 2000 ‘Meet the Press’ broadcast, featuring Tim Russert using a whiteboard to illustrate electoral vote tallies.A screenshot from NBC News’s November 19, 2000 ‘Meet the Press’ broadcast, featuring Tim Russert using a whiteboard to illustrate electoral vote tallies. [Source: NBC / Infoimagination (.org)]NBC political commentator Tim Russert recommends that Democratic presidential contender Al Gore either concede the election or wrap up his challege to the reported election results (see Early Morning, November 8, 2000 and After 3:30 a.m. November 8, 2000) to avoid being called “a whiner.” Russert says that the election recounts are a “crisis” that must be resolved as quickly as possible. Gore “can’t extend it to too long, nor can he become a whiner about Florida at some point,” he says, and adds: “If they continue then to file lawsuits and begin to contest various areas of the state, then people will begin to suggest: ‘uh-oh, this is not magnanimous. This is being a sore loser.’ I think the vice president understands that as well.… If it starts dragging into petty politics and we get to Thanksgiving and we still don’t know who our president is, I think the public will not have much patience with the candidate they believe is dragging it out.” The progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will note that polls show strong majorities of Americans favor continuing the recount process if it will ensure the accuracy of the voting results, even weeks into the recount process. FAIR will write, “[M]ost public opinion polls suggest that citizens are taking a much more reasonable approach to the situation than some of the elite media, supporting a process that emphasizes fairness rather than speed.” [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Tim Russert, NBC News, Fairness and Accuracy in Reporting

Timeline Tags: 2000 Elections, Domestic Propaganda

Representatives Robert Wexler (D-FL) and Mark Foley (R-FL), both representing districts in the Palm Beach County area of Florida, argue about the confusing “butterfly ballot” that plagued many Palm Beach voters (see 7:00 a.m. November 7, 2000 and After and November 9, 2000) with interviewer Larry King on CNN. Much of the debate centers on the ballot design and its approval by Palm Beach elections supervisor Theresa LePore, a Democrat. (In his 2001 book Down and Dirty, author Jake Tapper will note that LePore was originally registered as a Republican, then an independent, before registering as a Democrat, and is not particularly partisan with any party.) Foley, a Bush campaign supporter, defends LePore and the ballot, saying that the entire ballot situation is caused by recalcitrant Democrats unwilling to accept defeat, while Wexler, arguing on behalf of the Gore campaign, says the ballot is illegal and cost Al Gore the votes he needed to win Florida and the presidency. Wexler accurately describes many Palm Beach voters as “hysterical” because they feared they had accidentally voted for third-party candidate Pat Buchanan and not for Gore, and says the ballot design does not comply with Florida law. “Illegal is illegal, confusion is confusion, and the presidency shouldn’t hinge on it,” Wexler says. Foley is inaccurate in saying that Buchanan has a large base of support in Palm Beach, though he jokes that some of those putative pro-Buchanan voters “may be deranged.” Foley denies Wexler’s description of “mass confusion” at the Palm Beach polling places, and notes, accurately enough, that “a Democratic supervisor of elections [LePore] approved the layout and approved the ballot.” King says that as a Democrat, Wexler “signed off” on the ballot design, drawing a retort from Wexler: “That’s not exactly so, Larry. Many people did complain to the supervisor of elections when they saw the sample ballot.” LePore, watching the discussion on television, is angered by Wexler’s charge; she later says she mailed out 655,000 sample ballots to voters, gave copies to all 150-odd candidates on the ballot, mailed copies to local Democratic and Republican representatives, and provided copies for publication in the Palm Beach Post and the Orlando Sun-Sentinel, and received no complaints whatsoever. Wexler goes on to note that LePore sent out an unprecedented voter advisory reminding voters how to cast their votes for their desired presidential candidate, “which I’ve never seen done.” LePore is further angered by Wexler’s failure to acknowledge that he was one of the people who requested the advisory. “What a liar!” LePore thinks as she watches Wexler’s comments. Wexler argues that “the presidency of the United States hangs in the balance.… The entire election system of America is on trial right now. We need to make certain it is done in a fair way.” [St. Petersburg Times, 11/10/2000; Tapper, 3/2001]

Entity Tags: Larry King, CNN, Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), Jake Tapper, Mark Foley, Patrick Buchanan, Theresa LePore, Robert Wexler, George W. Bush

Timeline Tags: 2000 Elections

In an attempt to appear nonchalant for the press, Al Gore goes jogging with his daughter Karenna and with members of the press filming the proceedings.In an attempt to appear nonchalant for the press, Al Gore goes jogging with his daughter Karenna and with members of the press filming the proceedings. [Source: Authentic History]The presidential campaigns of Vice President Al Gore (D-TN) and George W. Bush (R-TX) make very different decisions as to how to handle affairs as the Florida recount continues to delay the naming of a victor in the 2000 presidential race (see Mid-Morning, November 8, 2000 and November 9, 2000). Gore returns to Washington, where he will remain for most of November, in an attempt to be seen as “remaining above the fray.” Bush, on the other hand, meets with advisors and begins alerting the media as to the members of his prospective presidential administration; aides tell reporters that the Bush team will begin announcing Cabinet appointments within a week. Bush himself will soon return to his ranch in Crawford, Texas. The Bush strategy is simple: to insist that Bush has already won the election and to act as if he is president-elect (see After 3:30 a.m. November 8, 2000). [Vanity Fair, 10/2004; Leip, 2008] Bush’s running mate Dick Cheney says, “We look forward to getting this matter resolved as quickly as possible so that we can get on with the important business of transition.” ABC reports that the Bush campaign wants “to create a sense of unstoppable momentum. They believe that the voters have spoken and that they have to get about the business of creating a new government.” The Washington Post reports that Bush starts the day by “feeding his dog and two cats and making coffee for his wife, displaying a nonchalance amid crisis that could portend an amiable style if he were to wind up as president.” The Post reports that Bush “acted” the part of president when meeting with reporters in the courtyard of the governor’s mansion in Texas. [National Journal, 11/9/2000] The Gore campaign has said it would not engage in transition actitivies until the election dispute is resolved; of Bush’s transition activities, Gore aide Roy Neel, the campaign’s transition director, says, “It is mind-boggling to me that they would be so presumptuous.” [New York Times, 11/9/2000]

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, Roy Neel, Al Gore presidential campaign 2000, George W. Bush presidential campaign 2000, Washington Post, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

Gore campaign aide Donnie Fowler writes a memo to his boss, Gore political advisor Michael Whouley, while at a Palm Beach County, Florida, diner. Fowler notes the following:
bullet Palm Beach County rejected 19,000 ballots due to “double-voting,” or “overvotes,” where confused voters cast their votes for Democrat Al Gore and third-party candidate Patrick Buchanan. Fowler calls the ballot “confusing and illegal” (see 7:00 a.m. November 7, 2000 and After and November 9, 2000). The rejected ballots comprise 4 percent of the presidential votes cast, whereas only 0.8 percent of the ballots were rejected for overvotes in the Senate race on the same ballot.
bullet The voting trends indicate a possible Voting Rights Act violation: whereas 4 percent of ballots were rejected for overvotes county-wide, some 15-16 percent of the ballots were rejected in precincts with large African-American populations.
bullet Democratic presidential candidate Al Gore has picked up some 650 votes in the machine recount; Fowler expects Florida to certify its machine recounts (see Early Morning, November 8, 2000) by 5:00 p.m. today (see 5:00 p.m. November 9, 2000).
bullet Palm Beach elections board member Judge Charles Burton, the only Republican on the board, admitted in a press conference that punch-card ballot systems are faulty because, Fowler writes, “little dots punched out can interfere with actual counting by machine.” Others also criticize the “antiquated” voting machines.
bullet Reports exist of voters being turned away after the 7:00 p.m. poll closing time, in violation of laws that state voters already in line at closing time can vote.
bullet Evidence exists that a Republican county commissioner coerced a Democratic county commissioner into holding a recount test less than 24 hours after the polls closed.
bullet 500 absentee ballots were left at a post office on Election Day, and presumably were not counted.
bullet Poll headquarters registered some 3,000 complaints, an extraordinary number. There may have been more, but many voters were unable to get through on the phone on Election Day. [Tapper, 3/2001]

Entity Tags: Charles Burton, Albert Arnold (“Al”) Gore, Jr., Michael Whouley, Al Gore presidential campaign 2000, County of Palm Beach (Florida), Patrick Buchanan, Donnie Fowler

Timeline Tags: 2000 Elections

By the end of the business day, 64 of Florida’s 67 counties have retallied their machine votes. Presidential candidate George W. Bush (R-TX) leads Vice President Al Gore (D-TN) by 362 votes in an unofficial tally released by the Associated Press. Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) announces that official results from the recount may not be completed until November 14. [Leip, 2008] The Bush campaign’s quick-response team (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000) finds the recount tallies sobering and fears a true manual recount. Led by lawyer James Baker, they decide that the only way to ensure victory for their candidate is to stop all recounts. [Vanity Fair, 10/2004]

Entity Tags: James A. Baker, Albert Arnold (“Al”) Gore, Jr., George W. Bush, George W. Bush presidential campaign 2000, Katherine Harris

Timeline Tags: 2000 Elections

ABC News’s Nightline broadcasts an hour-long analysis of the Florida election recount situation (see Early Morning, November 8, 2000 and November 9, 2000). However, host Ted Koppel interviews three representatives from the Bush presidential campaign (see After 3:30 a.m. November 8, 2000) and none from the Gore campaign, leading to what the progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will later call a slanted report. All three Bush aides call the recount situation a “crisis” that must be resolved immediately (see Evening, November 8, 2000), deride reports of voter manipulation and minority voters denied their right to vote (see November 7, 2000), and accuse the Gore campaign of attempting to steal the election through legal maneuvering. “Koppel did not subject his guests to tough questioning,” FAIR will note. [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: ABC News, Fairness and Accuracy in Reporting, George W. Bush presidential campaign 2000, Al Gore presidential campaign 2000

Timeline Tags: 2000 Elections, Domestic Propaganda

Historian and presidential biographer Richard Reeves fundamentally misrepresents history in a New York Times editorial asking Vice President Al Gore (D-TN) to end the Florida election standoff by conceding to George W. Bush (R-TX). Reeves notes correctly that the 1960 presidential election between Republican Richard Nixon and Democrat John F. Kennedy was extraordinarily close. Reeves asserts that Nixon and Kennedy discussed the situation after the votes were initially tallied and Nixon decided not to challenge the results. “If Nixon had decided to pursue a challenge, he might have had a good case,” Reeves writes. “Republicans were producing claims of fraud, waving sworn depositions from election officials in Illinois and Texas. It was great stuff: there were 6,138 votes cast by the 4,895 voters registered in Fannin County, Texas; in the 38th precinct of Chicago’s sixth ward, 43 voters seemed to have cast 121 votes in the hour after the polls opened. But whatever else he was, Nixon was a patriot. He understood what recounts and lawsuits and depositions carried out over months—even years—would do to the nation. He was also a realist, and he knew that investigations might well turn up examples of his own party’s tradition of recording votes for folks dead or alive in southern Illinois and a few other venues.” Reeves goes on to note that Kennedy’s slight popular vote lead translated into a strong Electoral College lead, and that Nixon’s patron, former President Dwight D. Eisenhower, “was angry about the alleged fraud but finally told Nixon that he could not back him in a challenge to the results.” As Nixon reportedly explained to a reporter afterwards, “The country can’t afford the agony of a constitutional crisis, and I damn well will not be a party to creating one just to become president or anything else.” Reeves uses the example of Nixon’s patriotism and restraint in arguing that Gore should emulate Nixon and gracefully concede the election. [New York Times, 11/10/2000] However, Reeves fundamentally misrepresents Nixon’s actions and historical events. Nixon was, as Reeves writes, convinced that Kennedy fraudulently won the election. And rumors of election fraud had circulated even before Election Day, such as in Chicago, where Democratic majorities were considered suspect. When the votes were tallied and Kennedy declared the winner, angry Republicans demanded an investigation. Nixon later said in both interviews and his own memoirs that he refused to dispute the election. Publicly, Nixon conceded the election to Kennedy, but privately, he encouraged his aides and fellow Republicans to overturn the results. In the weeks after the election, many newspapers pursued the story, fueled by Republicans who made a bevy of allegations and charges of election fraud and rampant cheating. Slate’s David Greenberg later writes: “[T]he Republican Party made a veritable crusade of undoing the results. Even if they ultimately failed, party leaders figured, they could taint Kennedy’s victory, claim he had no mandate for his agenda, galvanize the rank and file, and have a winning issue for upcoming elections.” Three days after the election, Senator Thruston Morton (R-KY), the chairman of the Republican National Committee (RNC), launched bids for recounts and investigations in 11 states, including Texas, Illinois, and New Jersey. Days later, close Nixon aides sent agents to conduct what they called “field checks” in eight of those states. Another aide tried to create a “Nixon Recount Committee” in Chicago. Recounts were indeed obtained. Grand juries were empaneled and a special prosecutor was appointed. The FBI launched investigations into voter fraud and election theft. The recounts and investigations proved nothing of significance, and one by one, they lapsed. The last recount, in Illinois, lasted for over a month after the election; on December 9, 1960, when recount tallies gave Nixon a mere 943 extra votes, Republicans filed a lawsuit in federal court to summarily grant Illinois’s 27 electoral votes to Nixon, which was dismissed. Republicans then took their case to the Illinois Board of Elections, which, even though it had a majority of Republicans comprising it, rejected the petition. Even after December 19, when the Electoral College formally certified Kennedy as the winner, recounts and legal challenges were still in the works. [Slate, 10/16/2000; Salon, 11/10/2000] Boston Globe columnist David Nyhan, considered a liberal like Reeves, echoes Reeves’s portrayal of Nixon in a column that is published the same day as Reeves’s. Nyhan calls Nixon’s supposed concession that president’s “most magnaminous act” and recommends that Gore step aside. [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: George W. Bush, Federal Bureau of Investigation, David Nyhan, David Greenberg, Albert Arnold (“Al”) Gore, Jr., US Electoral College, Thruston Morton, Richard M. Nixon, Dwight Eisenhower, New York Times, Republican National Committee, John F. Kennedy, Illinois Board of Elections, Republican Party, Richard Reeves

Timeline Tags: 2000 Elections, Domestic Propaganda

The “quick response” legal team of the Bush presidential campaign, led by former Secretary of State James Baker (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000), asks for a federal injunction to stop hand recounts of ballots in several Florida counties because of what it alleges are equal protection and other constitutional violations (see November 9, 2000). Two days later, US District Judge Donald Middlebrooks rejects the request. Throughout the upcoming weeks, Baker and his team will continue to demand that recounts be blocked, while accusing the Gore campaign of asking for “recount after recount” and saying that the voting machine totals are more accurate than manual (hand) vote tallies. [US District Court, Southern District of Florida, 11/13/2000 pdf file; US News and World Report, 12/13/2000; CNN, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Bush campaign decided after the manual recounts that it must stop all subsequent recounts, but at the same time must pin the blame for “taking the election to court” on the Gore campaign. So even though Baker and his team are the first to file motions in court, and though it is Baker’s team that will contest all recounts from this point onward, Baker and his team will persist in accusing the Gore campaign of trying to have the election decided in court and not by the votes. A 2004 article in Vanity Fair will characterize this attempt as very successful in the mainstream media. [Vanity Fair, 10/2004]

Entity Tags: Donald Middlebrooks, Albert Arnold (“Al”) Gore, Jr., James A. Baker, Al Gore presidential campaign 2000, George W. Bush, Vanity Fair, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

According to media analyses performed by the Center for American Progress (CAP) and by the team of Kathleen Hall Jamieson and Paul Waldman, the Sunday talk show coverage of the Bush-Gore conflict in Florida between November 12 and December 10 is heavily skewed towards painting George W. Bush as the legitimate president (see After 3:30 a.m. November 8, 2000) and Al Gore the losing contender who continues to carry on after having legitimately lost the election. On December 3 and December 10, panelists on ABC’s This Week refer to Bush’s future presidency 27 times. Tim Russert, the host of NBC’s Meet the Press, does so 19 times and calls Bush’s running mate Dick Cheney the “vice president.” In a December 3 interview, Russert asks Cheney if he feels Gore is being a “sore loser” (see November 24, 2000 and After). On December 3, ABC’s Sam Donaldson attempts to get Gore’s running mate, Joseph Lieberman, to concede the election on-air. ABC’s Cokie Roberts attempts to get a concession from Gore campaign representative George Mitchell. Jamieson and Waldman later determine that in the five Sunday shows aired by the three networks during this time period, the word “concede” appears in 23 questions. In 20 of these questions, the hypothetical conceder is Gore. In the other three questions, the hypothetical conceder is no one. Similarly, the hosts and guests on these talk shows, and on other network news broadcasts, frequently warn of “dire consequences” to America’s constitutional democracy if the Florida question is not settled immediately. The hosts also issue frequent warnings that the citizenry’s patience is at “the breaking point,” though polls consistently show that most Americans are content to let the recall process work itself out. CAP later notes, “The Baker-Bush team [referring to James Baker, the head of the Bush campaign’s ‘quick response’ recount team—see Mid-Morning, November 8, 2000] worked hard to create this crisis atmosphere in the hopes of increasing the pressure on Gore to relent for the good of the country, the markets, and the maintenance of world peace.” During this time period, Russert tells viewers, “We could have chaos and a constitutional crisis.” NBC’s Tom Brokaw tells viewers: “If the Florida recount drags on, the national markets are at risk here. National security is involved.” Pundits on ABC’s This Week warn of “turmoil” if Gore does not concede; pundits on CBS’s Face the Nation remark on “spinning out of control.” Columnist David Broder says this period of US history is worse than the turmoil the country weathered after the assassination of President John F. Kennedy. [Center for American Progress, 12/9/2010]

Entity Tags: George Mitchell, Tom Brokaw, Center for American Progress, Albert Arnold (“Al”) Gore, Jr., ABC News, Tim Russert, David Broder, Sam Donaldson, Paul Waldman, James A. Baker, George W. Bush presidential campaign 2000, George W. Bush, Richard (“Dick”) Cheney, Joseph Lieberman, NBC News, Kathleen Hall Jamieson, Cokie Roberts

Timeline Tags: 2000 Elections

The Bush presidential campaign demands, and receives, a manual recount in New Mexico. Democrat Al Gore had an early, if narrow, lead in the state during the November 7 returns, but a programming error was found that gave Bush a slim lead. New Mexico’s five electoral votes were withdrawn from the Gore column and the state was classified as “too close to call” (see November 10, 2000). Bush picks up 125 votes on the recount of Roosevelt County. Although the Bush campaign and its Republican allies staunchly oppose manual recounts in Florida (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 11, 2000, November 11-13, 2000, and November 12, 2000), GOP lawyer and national committeeman Mickey Barnett says in a New Mexico court filing that there is, “of course, no other way to determine the accuracy of this apparent discrepancy, or machine malfunction, other than the board reviewing the votes by hand.” Barnett secures a recount of Roosevelt County’s “undervotes” (ballots that supposedly recorded no preference for president), noting that the county recorded 10 percent of its voters as registering no preference. Barnett and the Bush campaign do not ask for manual recounts of much larger undervotes in three largely Democratic counties. In 2010, columnist Eric Alterman will write: “The only conceivable reason why the GOP cared enough about New Mexico’s five electoral votes as late as December 1 was the fear that if it carried Florida by legislative fiat—in defiance of the courts (see 11:45 a.m. November 30, 2000)—it might lose individual electors in other states. New Mexico would have been a cushion against such defections.” Towards the end of the recounts, another error is found that gives Gore a 500-vote advantage. Gore receives New Mexico’s electoral votes. The final tally: 286,783 votes for Gore and 286,417 for Bush, with a difference in favor of Gore of 366 votes. [Leip, 2000; CNN, 11/13/2000; US Constitution (.net), 2010; Center for American Progress, 12/9/2010]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Roosevelt (New Mexico), George W. Bush presidential campaign 2000, Eric Alterman, Mickey Barnett

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 she is refusing requests to extend the 5:00 p.m. November 14 deadline for certifying election results (see 5:00 p.m. November 9, 2000) in the interest of what she calls “the public’s right to clarity and finality.” This is her prerogative as secretary of state under Florida Election Code 102.112, though she has the option to extend the deadline. Absentee ballots, by law, can be counted through November 17. Neither Palm Beach nor Miami-Dade Counties have even decided to start recounts yet (see November 7, 2000 and November 10, 2000), and Broward County has not finished the recount it began. Volusia County, also attempting to finish manually recounting all of its ballots (see November 11-12, 2000), sues to extend the November 14 deadline. Lawyers for the Gore campaign join Volusia in the suit, while Bush lawyers file briefs opposing the suit. [Salon, 11/13/2000; US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008] In light of Harris’s decision, Broward will choose to abandon its recount (see Evening, November 13, 2000); Palm Beach will decide to delay the recount until it can receive clarification (see 8:20 a.m. November 14, 2000), and resume the recounting shortly thereafter (see 4:30 p.m. November 14, 2000). Miami-Dade, in contrast, will begin recounting (see November 14, 2000). Later in the day, Harris issues what she considers a legal opinion concerning the recounts, but her opinion conflicts with a decision issued by Florida’s attorney general. [US News and World Report, 12/13/2000] Harris says that no manual recounts should take place unless the voting machines are broken. Judge Terry Lewis finds that opinion not backed by any state law and overrules her opinion. [Vanity Fair, 10/2004] Harris has drawn criticism for her apparent partisanship before now. Warren Christopher, a lead advisor for the Gore campaign, calls Harris’s decision “arbitrary and unreasonable.” Representative Peter Deutsch (D-FL) calls her decision “bizarre,” adding, “I honestly think what’s going on is a strategic decision by the Bush campaign to hurt the litigation efforts.” Representative Robert Wexler (D-FL) says: “The only reason to certify the elections at 5 p.m. tomorrow is a partisan one. If she does what she says she’s going to do—certify the elections at 5 p.m. tomorrow—she will have proven her critics correct; she will have proven that she is an emissary of the Bush campaign who is willing to steal an election.” [Salon, 11/13/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), County of Broward (Florida), Al Gore presidential campaign 2000, County of Miami-Dade (Florida), County of Volusia (Florida), George W. Bush presidential campaign 2000, George W. Bush, Peter R. Deutsch, Robert Wexler, Warren Christopher

Timeline Tags: 2000 Elections

The Miami-Dade County canvassing board unanimously votes to begin manually recounting its election ballots in three precincts (see November 7, 2000), complying with a request from the Gore campaign (see November 9, 2000). [Leip, 2008] The recount is of sample ballots only. [US News and World Report, 12/13/2000]

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

Timeline Tags: 2000 Elections

Carol Roberts.Carol Roberts. [Source: BBC]Officials in Palm Beach County vote 2-1 to delay their manual recounts of their election ballots (see November 11-12, 2000) until they are able to clarify whether they have the legal authority to proceed. 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), has rejected requests to extend the election certification deadline past 5:00 p.m. today (see 9:00 a.m. November 13, 2000). [US News and World Report, 12/13/2000; Leip, 2008] Harris actually issues an order stopping the recounts, but her order is almost immediately countermanded by Florida Attorney General Robert Butterworth [Consortium News, 11/19/2000] , who serves as the Gore campaign’s Florida chairman. [National Journal, 11/9/2000] The canvassing board meeting is contentious. The lead Republican counsel, Mark Wallace, demands that County Commissioner Carol Roberts recuse herself from the board because of her “active” involvement in the Gore campaign. Roberts responds that her activity includes having a Gore bumper sticker on her car and attending a single cocktail party for Joe Lieberman, Al Gore’s running mate. Election observer Steven Meyer, working with the Democratic Party, writes that he has never heard Republicans complain about Harris’s involvement as co-chair of the Bush campaign. Elections Supervisor Theresa LePore has come under intense scrutiny and criticism for the controversial “butterfly ballot” that she approved for use in the county (see September 2000); many county Democrats blame her for what they believe were some 10,000 votes that should have gone to Gore (see November 9, 2000). Some board members, including LePore, have received death threats; whether these threats came from Republicans, Democrats, or others is unknown. Meyer observes that Republicans such as Wallace mount incessant complaints about ballot handling, and issue frequent demands that already-counted stacks of ballots be recounted again because someone touched or handled them inappropriately. Meyer observes Republican observers using tweezers to pick up tiny “chads” (paper rectangles discarded when a voter punches through a punch-card ballot to cast a vote) and place them in plastic baggies. He also notes that Republicans have placed thousands of Gore ballots in the “questionable” stacks when the ballots plainly indicate votes for Gore. [American Prospect, 12/14/2000]

Entity Tags: Katherine Harris, Carol Roberts, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Palm Beach (Florida), Joseph Lieberman, Theresa LePore, Robert Butterworth, George W. Bush presidential campaign 2000, Steven Meyer, Mark Wallace

Timeline Tags: 2000 Elections

Former Reagan administration cabinet member James Baker, leading the Bush campaign’s legal challenges to the Florida recount process (see After 3:30 a.m. November 8, 2000), makes public statements recommending that the Gore campaign drop its advocacy of the recounts and accept the 5:00 p.m. tallies (see Evening, November 14, 2000). A senior advisor to the Gore campaign, former Secretary of State Warren Christopher, declines, saying, “That’s like offering you the sleeves from your vest.” [US News and World Report, 12/13/2000]

Entity Tags: Al Gore presidential campaign 2000, Warren Christopher, James A. Baker, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

Circuit Court Judge Terry Lewis upholds Florida Secretary of State Katherine Harris’s decision to require complete election certification by 5:00 p.m. today (see 9:00 a.m. November 13, 2000). Harris is the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After). Lewis says supplemental returns can be filed after the deadline, but Harris can ignore them after circumstances are considered and if she uses what Lewis calls “proper exercise of discretion.” Observers expect the Gore campaign to file an appeal with the Florida Supreme Court. Officials in Volusia County—joined later by Broward and Palm Beach Counties—move to appeal Lewis’s ruling. [Circuit Court of the Second Judicial Circuit In and For Leon County, Florida, 11/14/2000 pdf file; US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008]

Entity Tags: Katherine Harris, County of Broward (Florida), County of Palm Beach (Florida), Terry Lewis, County of Volusia (Florida)

Timeline Tags: 2000 Elections

Notwithstanding a deadline imposed by Florida Secretary of State Katherine Harris (see 9:00 a.m. November 13, 2000), the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), the Palm Beach County canvassing board votes to resume its manual recount of its election ballots (see 8:20 a.m. November 14, 2000) on Wednesday, November 15. It also votes to submit its machine-count results to Harris by the deadline, and continue the manual recounts in the hope it can resubmit its modified tallies at a later date. [US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: Katherine Harris, County of Palm Beach (Florida)

Timeline Tags: 2000 Elections

After her self-imposed deadline of 5:00 p.m. for election results certification passes (see 9:00 a.m. November 13, 2000), 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 George W. Bush (R-TX) leads Vice President Al Gore (D-TN) by some 300 votes, based on returns submitted by all 67 Florida counties. The 300-vote lead Bush currently has is substantially smaller than the 1,784-vote lead he had immediately after the election. Harris says she will comply with a judicial order to consider late returns (see Afternoon, November 14, 2000). She gives three heavily Democratic counties still counting votes until 2:00 p.m. November 15 to submit written explanations as to why they want to add their manual-recount tallies after the deadline; all three counties will comply with her request. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: George W. Bush, Katherine Harris, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

A Florida absentee ballot.A Florida absentee ballot. [Source: SaintPetersBlog (.com)]The Bush and Gore campaigns begin a weeks-long wrangle over the issue of Florida’s absentee ballots. The deadline for counting absentee ballots received from citizens overseas is November 17 (see 12:00 a.m., November 17, 2000). Rumors of large numbers of military absentee ballots, presumably favoring Bush in number, and a large number of ballots from American Jews in Israel, presumably favoring Gore, have swirled for days among the media and in both campaigns. Gore campaign lawyer Mark Herron compiles a long memo on the rules governing absentee ballots to Democratic lawyers at each of the 67 county canvassing boards; a copy of the memo is obtained by a Republican legal team, and soon Bush spokespersons are quoting from it to accuse the Gore campaign of attempting to disenfranchise Americans in uniform. The Gore campaign sends vice-presidential candidate Joe Lieberman (D-CT) onto the Sunday morning television talk shows to shore up its position, and Lieberman protests that the campaign would never do anything to disenfranchise soldiers. Lieberman says that in his opinion, the most permissive standards should be applied to the absentee ballots. Herron and other Gore lawyers are dismayed by Lieberman’s position, as these standards would admit a larger influx of absentee ballots, the majority of which they believe will go to Bush. Okaloosa County, a Panhandle county with six military bases, becomes a center of the controversy. Lawyers from both campaigns and both parties attempt to wrangle the issue among themselves and the Okaloosa elections board, often becoming pushy and confrontational. Bush lawyers insist that the rules should be, in essence, jettisoned and all absentee ballots admitted regardless of postmarks, valid numbers and addresses, etc.; Okaloosa elections supervisor Pat Hollarn, a centrist Republican, refuses. “I told them not only no but hell no,” she later recalls. A 2004 Vanity Fair article will note, “At the same time, in the more Democratic counties, Bush lawyers were arguing just as passionately that rules should be strictly adhered to and any questionable ballots put aside.” After the wrangling has settled and the ballots are counted (see 12:00 a.m., November 17, 2000), Bush wins a net gain of 123 votes. [Vanity Fair, 10/2004]

Entity Tags: County of Okaloosa (Florida), Al Gore presidential campaign 2000, Pat Hollarn, Mark Herron, Joseph Lieberman, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

Contradicting her previous statement that she would comply with a judicial order to consider the post-election recount tallies from several counties (see Evening, November 14, 2000), 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), asks the Florida Supreme Court to force Miami-Dade, Broward, and Palm Beach Counties to end their manual recounts (see November 14, 2000, 3:40 p.m. November 15, 2000, and 4:30 p.m. November 14, 2000) “pending resolution as to whether any basis exists to modify the certified results” after the November 14, 2000 deadline. Harris argues that manual recounts threaten “the integrity of the ballots.” Harris previously imposed a November 14 deadline for all ballots to be counted and results certified (see 9:00 a.m. November 13, 2000). Palm Beach County officials ask the Florida Supreme Court to decide if they can manually recount their ballots. At 5:00 p.m., the Court rejects Harris’s request to stop the recounts. [Consortium News, 11/19/2000; US News and World Report, 12/13/2000; Leip, 2008] A judge has already ruled that Harris can refuse to consider recount results submitted after her deadline (see Afternoon, November 14, 2000). A Gore campaign spokesman later says that considering the obstacles Harris has placed in the way of the hand recounts, the situation is analogous to a policeman forcing a motorist to pull over, then blaming him for the traffic piling up behind him. Bush spokeswoman Karen Hughes counters with the accusation that the counties still engaged in recounts are “no longer counting ballots; they are ‘reinventing’ them.” And James Baker, the head of the Bush “quick response” recount team, accuses the manual recounters of “subjective” attempts to “divine the intent of the voter.” Such recounts, Baker says, present “tremendous opportunities for human error and… mischief.” Both Hughes’s and Baker’s remarks are apparently intended to imply deliberate falsification of vote tallies, and echo similar charges made by Rush Limbaugh and other conservative media figures. Gore officials note that George W. Bush has picked up 418 votes in manual recounts in six counties: Franklin, Hamilton, Seminole, Washington, Taylor, and Lafayette. The Bush campaign, the Gore officials say, was eager to have those votes added in with the totals. Baker’s counterpart on the Gore team, Warren Christopher, says the fact that “Republicans have hand counted in many of the counties themselves” (see November 19, 2000) belies Republican charges that “we have picked out a certain few counties.” The Bush campaign has also picked up 143 votes from recounting in Volusia County. [Consortium News, 11/19/2000; Consortium News, 11/27/2000]

The presidential campaign of George W. Bush (R-TX—see After 3:30 a.m. November 8, 2000) joins in a motion filed by 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), to stop all manual ballot recounts in Florida (see 8:00 a.m. November 15, 2000). Harris imposed a deadline of 5:00 p.m. November 14 for all recounts to be completed and all results certified (see 9:00 a.m. November 13, 2000 and Evening, November 14, 2000). The request is rejected by a federal judge later in the day. [Leip, 2008]

Entity Tags: George W. Bush, Katherine Harris, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

Ignoring Florida Secretary of State Katherine Harris’s decision that all counties must have certified their election vote results by yesterday afternoon (see 9:00 a.m. November 13, 2000), the Broward County canvassing board reverses its earlier decision (see Evening, November 13, 2000) and decides to conduct a full manual recount of all 587,928 ballots cast there. Harris (see After 3:30 a.m. November 8, 2000 and After) says she will not count new tallies submitted by either Broward or Palm Beach Counties (see 4:30 p.m. November 14, 2000). [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), Katherine Harris

Timeline Tags: 2000 Elections

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