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Context of 'Mid-October 2003: White House PR Campaign: ‘Good News’ in Iraq'

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Dick Cheney.Dick Cheney. [Source: Boston Globe]Dick Cheney, a long-term college student who avoided the Vietnam War by securing five student deferments [Washington Post, 1/17/2006] and now a Congressional aide, is hired by Donald Rumsfeld, who had been a congressman but resigned to run the Office of Economic Opportunity (OEO). Cheney is a young staff assistant to Representative Bill Steiger (R-WI), who took Cheney under his wing and taught him what he knew of the ins and outs of Washington bureaucracy. There are two versions of how Cheney comes to Rumsfeld’s attention. Rumsfeld sends a letter to Steiger asking for advice on how to run the OEO. The official story has Cheney spying the letter and writing a ten-page policy memo on how to run a federal agency, a memo that so impresses Steiger that he recommends Cheney to Rumsfeld’s attention. Authors Lou Dubose and Jake Bernstein will write, “A more plausible version has Steiger (who died in 1978) assigning Cheney the task of collecting information on the OEO for Rumsfeld.” Either way, Rumsfeld is so taken with the memo that he hires Cheney on the spot. Rumsfeld, who is also an assistant to President Nixon, takes Cheney with him to morning and afternoon meetings in the White House. Cheney later says these meetings taught him “what [a president] has to do in the course of a day.” [Dubose and Bernstein, 2006, pp. 24-25]

Entity Tags: Jake Bernstein, Donald Rumsfeld, Richard M. Nixon, Richard (“Dick”) Cheney, Office of Economic Opportunity, Lou Dubose, Bill Steiger

Timeline Tags: Nixon and Watergate, Neoconservative Influence

A group of conservative strategic thinkers and policymakers attends a dinner party in Santa Monica, California. It is at this dinner party that the notorious “Team B” intelligence analysis team will be formed (see Early 1976). The cohost of the gathering is Albert Wohlstetter (see 1965), the eminent neoconservative academic and policy analyst. The next day, the guests join fellow conservative ideologues at a Beverly Hills conference called “Arms Competition and Strategic Doctrine.” Wohlstetter uses selectively declassified intelligence data to accuse the Pentagon of systematically underestimating Soviet military might. Wohlstetter will soon publish his arguments in the Wall Street Journal, Foreign Policy magazine, and Strategic Review. In July, respected Cold War figure Paul Nitze will use Wohlstetter’s assertions in testimony before the House Armed Services Committee to accuse Secretary of State Henry Kissinger and the CIA of dangerously underestimating both the Soviet Union’s military strength and its intentions. Some old-line Cold Warriors—many of whom find themselves in sympathy with the upstart neoconservatives—begin attacking both the CIA’s intelligence reporting and the US-Soviet policy of detente. Author Craig Unger will write, “This was the beginning of a thirty-year fight against the national security apparatus in which the [neoconservatives] mastered the art of manipulating intelligence in order to implement hard-line, militaristic policies.” [Unger, 2007, pp. 48-49]

Entity Tags: US Department of Defense, Paul Nitze, House Armed Services Committee, Craig Unger, ’Team B’, Henry A. Kissinger, Albert Wohlstetter, Central Intelligence Agency

Timeline Tags: US International Relations, Neoconservative Influence

Alexander Haig, President Nixon’s chief of staff, is briefly staying on at the White House to ease the transition into the new, hastily assembled Ford staff. Haig, knowing that President Ford will not consider retaining him in the position, believes that Donald Rumsfeld, the US ambassador to NATO, might be the person Ford needs to head his staff (see August 9, 1974). (Nixon held Rumsfeld in grudging admiration, referring to him as a “ruthless little b_stard,” but had sent him to Europe and NATO headquarters because he did not like Rumsfeld’s obvious ambition.) Although Ford is not sold on having a chief of staff at all, Haig believes Ford needs someone with Rumsfeld’s “strong personality and fine administrat[ive skills]” to help him establish himself. Secretary of State Henry Kissinger, whom Ford is retaining, sees Rumsfeld as, in Kissinger’s words, an exemplar of a “special Washington phenomenon: the skilled full-time politician bureaucrat in whom ambition, ability, and substance fuse seamlessly.” Ford has a good relationship with Rumsfeld, who in the 1960s led an insurgency among House Republicans to replace Minority Leader Charles Halleck with Ford. He views Rumsfeld as something of a maverick, and wants someone not beholden to the entrenched Nixon loyalists remaining in the White House as well as someone with a good relationship with Congressional Republicans. Rumsfeld fits the bill. Rumsfeld, a former Navy pilot, will later write that Ford “had to provide sufficient change to make the transition from what many perceived to be an illegitimate White House and administration to a legitimate administration. It was a bit like climbing into an airplane, at 30,000 feet, going 500 miles an hour, and having to change part of the crew.” [Werth, 2006, pp. 60-61; Unger, 2007, pp. 49-52] (Rumsfeld will, in turn, ask his own former assistant, Dick Cheney, to once again join him as his assistant in the Ford White House—see 1969). Ford’s longtime aide and speech writer Robert Hartmann will be equally blunt in his own recollections: “The Nixon-to-Ford transition was superbly planned. It was not a failure. It just never happened.” [Dubose and Bernstein, 2006, pp. 26]

Entity Tags: Robert Hartmann, Nixon administration, Henry A. Kissinger, Gerald Rudolph Ford, Jr, Donald Rumsfeld, Alexander M. Haig, Jr.

Timeline Tags: Nixon and Watergate

President Ford names outgoing chief of staff Alexander Haig to be supreme allied commander in Europe, provoking an outcry in Congress and unprecedented demands that Haig be confirmed for the post by the Senate Armed Services Committee. Senator William Proxmire (D-WI) says, “I’d like to put him under oath to learn his role in the Nixon pardon” (see September 8, 1974). Haig will not be compelled to testify before the committee, but he weathers another scare, this one from inside the White House. Haig is told by former Nixon White House lawyer Fred Buzhardt, who now works for Ford, that the group preparing Ford for his upcoming House testimony on the pardon (see Mid-October 1974) has “prepared sworn testimony for the president that could very well result in your indictment,” as Haig will later write. Haig storms to the White House, reads the testimony, and demands an immediate audience with Ford. White House staffers refuse him. Haig then threatens to announce his knowledge of “a secret effort by Ford people to hurry Nixon out of the presidency behind Ford’s back.” Haig gets the meeting. He learns that Ford has not read the testimony, and decides that Buzhardt’s threat is hollow. [Werth, 2006, pp. 335-336]

Entity Tags: Richard M. Nixon, William Proxmire, Alexander M. Haig, Jr., Fred Buzhardt, Gerald Rudolph Ford, Jr

Timeline Tags: Nixon and Watergate

Dick Cheney and Donald Rumsfeld speaking to reporters, 1975.Dick Cheney and Donald Rumsfeld speaking to reporters, 1975. [Source: Gaylinkcontent (.com)]President Ford asks Donald Rumsfeld to replace the outgoing Alexander Haig at the White House (see September 16-Late September, 1974). Rumsfeld has long been Haig’s choice to replace him (see August 14, 1974). Ford does not want to give Rumsfeld the official title of “chief of staff,” and instead wants Rumsfeld as “staff coordinator.” The difference is academic. Ford wants the aggressive, bureaucratically savvy Rumsfeld to help him regain control over a White House that is, in the words of author Barry Werth, “riven with disunity, disorganization, and bad blood.” Rumsfeld agrees, and names former Wyoming Congressman Dick Cheney as his deputy (who makes himself valuable by initially doing the lowest forms of bureaucratic scutwork). Rumsfeld and Cheney will eventually wield almost Nixonian power in Ford’s White House, successfully blocking the “in-house liberal,” Vice President Rockefeller, from exerting any real influence, and hobbling Henry Kissinger’s almost-limitless influence.
Blocking of Rockefeller and Kissinger for Ideological and Political Reasons - Rumsfeld begins his in-house assault in classic fashion: trying to cause tension between Kissinger and White House officials by snitching on Kissinger to any White House official who will listen. Kissinger eventually tells Ford: “Don’t listen to [Rumsfeld], Mr. President. He’s running for president in 1980.” Rumsfeld and Cheney do their best to open the White House to hardline defense hawks and the even more hardline neoconservatives led by Senator Henry “Scoop” Jackson (D-WA) and Jackson’s aide, Richard Perle. (Though Rumsfeld and Cheney are not considered neoconservatives in a strict sense, their aims are almost identical—see June 4-5, 1974). Kissinger’s efforts to win a negotiated peace between Israel and Palestine in the Middle East are held in contempt by Rumsfeld, Cheney, and the neoconservatives; using Ford’s press secretary Ron Nessen as a conduit, Rumsfeld and Cheney leak information about the negotiations to the press, helping to cripple the entire peace process. Rumsfeld and Cheney have larger personal plans as well: they want to secure the White House for Rumsfeld, perhaps as early as 1976, but certainly by 1980. One of their methods of winning support is to undercut Kissinger as much as possible; they believe they can win support among the GOP’s right wing by thwarting Kissinger’s “realpolitik” foreign policy stratagems.
Rumsfeld as 'Wizard of Oz' - According to the chief of Ford’s Economic Policy Board, William Seidman, Rumsfeld’s bureaucratic machinations remind him of the Wizard of Oz: “He thought he was invisible behind the curtain as he worked the levers, but in reality everyone could see what he was doing.” Rumsfeld and Cheney will make their most open grasp for power in orchestrating the “Halloween Massacre” (see November 4, 1975 and After). [Werth, 2006, pp. 336-337; Unger, 2007, pp. 49-52]

Entity Tags: William Seidman, Ron Nessen, Richard Perle, Barry Werth, Gerald Rudolph Ford, Jr, Donald Rumsfeld, Richard (“Dick”) Cheney, Henry (“Scoop”) Jackson, Henry A. Kissinger, Nelson Rockefeller, Alexander M. Haig, Jr.

Timeline Tags: Nixon and Watergate

Nelson Rockefeller is sworn in as vice president (see August 20, 1974). [Rockefeller Family Archives, 6/7/2007]
Bad Blood and Confirmation Difficulties - Rockefeller has trouble even before taking office. Branded as a liberal by many in the Republican Party, and winning as many enemies as friends with his outsized ego and gladhanding demeanor, Rockefeller garnered swift and obdurate resistance particularly from the right wing both outside the White House (see August 24, 1974) and in (see September 21, 1974 and After). During the Senate’s confirmation hearings, many Democrats and some Republicans relished forcing Rockefeller, one of the wealthiest men in the country, to open his finances to public scrutiny. Even President Ford privately expresses his astonishment. “Can you imagine?” he asked during the hearings. “Nelson lost $30 million in one year and it didn’t make any difference.” When it was revealed that Rockefeller had given huge personal contributions to lawmakers and government officials—including Secretary of State Henry Kissinger—in the form of “loans” that never needed repaying, the Senate hearings became even more inquisitorial. The hearings dragged on for months until Ford personally intervened, telling House and Senate leaders that it was “in the national interest that you confirm Rockefeller, and I’m asking you to move as soon as possible.” [US Senate, 7/7/2007]
Cheney Wanted Reagan - Deputy Chief of Staff Dick Cheney, far more conservative than either Ford or Rockefeller, opposes Rockefeller’s influence from the start, and works with his boss, Chief of Staff Donald Rumsfeld, to minimize Rockefeller’s influence. In 1986, Cheney will say that Ford “should have thought of Ronald Reagan as vice president in the summer of 1974, if you are talking strictly in political terms.” [Dubose and Bernstein, 2006, pp. 38]
Domestic Squabbles - Both Ford and Rockefeller want the new vice president to be what Ford calls “a full partner” in his administration, particularly on domestic issues. Ford appoints him to chair the Domestic Council, but behind the scenes, Rockefeller’s implacable enemy, Rumsfeld, who sees Rockefeller as a “New Deal” economic liberal, blocks his influence at every term, both from personal and ideological dislike and from a desire to keep power in the White House to himself and his small, close-knit aides. (Cheney, ever attentive to indirect manipulations, inflames Rumsfeld’s dislike of Rockefeller even further by suggesting to his nakedly ambitious boss that if Rockefeller was too successful in implementing domestic policy, he would be perceived as “the man responsible for drafting the agenda of 1976,” thus limiting Rumsfeld’s chances of being named vice president in Ford’s re-election campaign (see November 4, 1975 and After). When Rockefeller tries to implement Ford’s suggested policy that domestic policymakers report to Ford through Rockefeller, Rumsfeld interferes. When Rockefeller names one of his trusted assistants, James Cannon, to head the Domestic Council, Rumsfeld slashes the Council’s budget almost to zero. When Rockefeller proposes a $100 billion Energy Independence Authority, with the aim to reduce and perhaps even end the nation’s dependency on foreign energy sources, Rumsfeld joins Ford’s economic and environmental advisers to block its creation. When Rockefeller proposes an idea for the president to Rumsfeld, Rumsfeld hands it off to Cheney, who ensures that it dies a quiet, untraceable bureaucratic death.
Rockefeller Neutralized - Cheney later recalls that Rockefeller “came to a point where he was absolutely convinced that Don Rumsfeld and myself were out to scuttle whatever new initiatives he could come up with.” Rumsfeld and other Ford staffers ensure that Rockefeller is not involved in key policy meetings; when Ford proposes large cuts in federal taxes and spending, Rockefeller complains, “This is the most important move the president has made, and I wasn’t even consulted.” Asked what he is allowed to do as vice president, Rockefeller answers: “I go to funerals. I go to earthquakes.” He says, only half sardonically, that redesigning the vice-presidential seal is “the most important thing I’ve done.” [Dubose and Bernstein, 2006, pp. 38-39; US Senate, 7/7/2007]
Following in Rockefeller's Footsteps - Ironically, when Cheney becomes vice president in 2001, he uses what Rockefeller intended to do as a model for his own, extremely powerful vice presidency. James Cannon, who came into the Ford administration with Rockefeller, will marvel in 2006, “Cheney is now doing what he and Rumsfeld blocked Rockefeller from doing—influencing policy.” [Dubose and Bernstein, 2006, pp. 39-40]

Entity Tags: Ronald Reagan, Nelson Rockefeller, Richard (“Dick”) Cheney, Ford administration, Donald Rumsfeld, Gerald Rudolph Ford, Jr, Henry A. Kissinger, James Cannon

Timeline Tags: Nixon and Watergate

In preparation for the upcoming “Halloween Massacre” (see November 4, 1975 and After), Chief of Staff Donald Rumsfeld, who has what he thinks are secret ambitions for the presidency (see September 21, 1974 and After), convinces President Ford to name George H. W. Bush as CIA director because of that position’s political liabilities. When Bush accepts the position, Rumsfeld says this will “sink the son of a b_tch for good.” During his Senate confirmation hearings, Bush will publicly be asked to promise that he won’t be Ford’s running mate in 1976. “Bush thought that was a total violation of his Constitutional rights,” Pete Seeley, who will become Bush’s press secretary in 1981, will recall. “He was not happy. But he was always a team player and he did as he was asked.” Bush always believes Rumsfeld planted this question. Bush will never forgive Rumsfeld for trying to sabotage his political aspirations. [Unger, 2007, pp. 52-53]

Entity Tags: George Herbert Walker Bush, Donald Rumsfeld, Central Intelligence Agency, Gerald Rudolph Ford, Jr

Timeline Tags: Neoconservative Influence

President Ford and Soviet General Secretary Leonid Brezhnev sign a communique relating to the SALT negotiations in November 1974.President Ford and Soviet General Secretary Leonid Brezhnev sign a communique relating to the SALT negotiations in November 1974. [Source: Gerald R. Ford Presidential Library / Public domain]Newly ensconsced Defense Secretary Donald Rumsfeld, after making a series of speeches attacking Secretary of State Henry Kissinger’s policy of detente with the Soviet Union, waits until Kissinger is away visiting his Soviet counterparts in Moscow to persuade President Ford to shelve the second round of the Strategic Arms Limitation Talks (SALT II), the ongoing series of negotiations between the US and USSR to limit nuclear arms. “Rumsfeld won that very intense, intense political battle,” recalls Melvin Goodman, the head of the CIA’s Office of Soviet Affairs at the time. The move serves several purposes: to undercut Kissinger, Rumsfeld’s rival (see September 21, 1974 and After); to push Rumsfeld’s own Cold War, hawkish agenda (see June 4-5, 1974); and to set up a move to get Rumsfeld and a coterie of neoconservatives, including Paul Wolfowitz, in a position to either influence or counteract the CIA. The idea is to, in essence, hijack the US’s national security apparatus and find intelligence that will support their much harsher, antagonistic view of US-Soviet relations—and to push their belief that the US can fight and win a nuclear war. [Unger, 2007, pp. 53]

Entity Tags: Henry A. Kissinger, Gerald Rudolph Ford, Jr, Paul Wolfowitz, Donald Rumsfeld, Melvin A. Goodman

Timeline Tags: US International Relations

The neoconservatives of the “Team B” intelligence analysis team (see Early 1976) are unconcerned with the heavy criticism being leveled at their findings about the Soviet threat (see November 1976). Richard Pipes, the head of Team B, says that just because their facts are all wrong, their conclusions from those erroneous “facts” are still correct. Those errors are “just details,” he says. “The important thing was reading the Soviet mindset,” he asserts. “We were saying they don’t want war, but if they do have war, they will resort immediately to nuclear weapons.” Regardless of the errors, Defense Secretary Donald Rumsfeld will hail the findings (see Late November 1976). [Unger, 2007, pp. 57]

Entity Tags: Richard Pipes, ’Team B’, Donald Rumsfeld

Timeline Tags: US International Relations, Neoconservative Influence

Donald Rumsfeld.Donald Rumsfeld. [Source: US Defense Department]Defense Secretary Donald Rumsfeld wholeheartedly embraces the “Team B” intelligence analysis of the Soviet nuclear and military threat (see Early 1976), regardless of the fact that the team’s reports are riddled with errors (see November 1976 and November 1976). “No doubt exists about the capabilities of the Soviet armed forces,” he proclaims after reading the team’s final report. “The Soviet Union has been busy. They’ve been busy in terms of their level of effort; they’ve been busy in terms of the actual weapons they’re producing; they’ve been busy in terms of expanding production rates; they’ve been busy in terms of expanding their industrial capacity to produce additional weapons at additional rates.” [Unger, 2007, pp. 57]

Entity Tags: Donald Rumsfeld, ’Team B’

Timeline Tags: US International Relations, Neoconservative Influence

Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975.Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975. [Source: David Hume Kennerly / Gerald R. Ford Library] (click image to enlarge)Throughout the 1980s, Dick Cheney and Donald Rumsfeld are key players in one of the most highly classified programs of the Reagan administration. Presently, Cheney is working as a Republican congressman, while Rumsfeld is head of the pharmaceutical company G. D. Searle. At least once per year, they both leave their day jobs for periods of three or four days. They head to Andrews Air Force Base, near Washington, DC, and along with 40 to 60 federal officials and one member of the Reagan Cabinet are taken to a remote location within the US, such as an underground bunker. While they are gone, none of their work colleagues, or even their wives, knows where they are. They are participating in detailed planning exercises for keeping government running during and after a nuclear war with the Soviet Union.
Unconstitutional 'Continuity of Government' - This highly secret “Continuity of Government” (COG) program is known as Project 908. The idea is that if the US were under a nuclear attack, three teams would be sent from Washington to separate locations around the US to prepare to take leadership of the country. If somehow one team was located and hit with a nuclear weapon, the second or third team could take its place. Each of the three teams includes representatives from the State Department, Defense Department, CIA, and various domestic-policy agencies. The program is run by a new government agency called the National Program Office. Based in the Washington area, it has a budget of hundreds of million dollars a year, which grows to $1 billion per year by the end of Reagan’s first term in office. Within the National Security Council, the “action officer” involved in the COG program is Oliver North, who is a key figure in the mid-1980s Iran-Contra scandal. Reagan’s Vice President, George H. W. Bush, also supervises some of the program’s efforts. As well as Cheney and Rumsfeld, other known figures involved in the COG exercises include Kenneth Duberstein, who serves for a time as President Reagan’s chief of staff, and future CIA Director James Woolsey. Another regular participant is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). The program, though, is extraconstitutional, as it establishes a process for designating a new US president that is nowhere authorized in the US Constitution or federal law. After George H. W. Bush is elected president in 1988 and the effective end of the Soviet Union in 1989, the exercises continue. They will go on after Bill Clinton is elected president, but will then be based around the threat posed by terrorists, rather than the Soviet Union (see 1992-2000). According to journalist James Mann, the participation of Rumsfeld and Cheney in these exercises demonstrates a broader truth about them: “Over three decades, from the Ford administration onward, even when they were out of the executive branch of government, they were never too far away; they stayed in touch with its defense, military, and intelligence officials and were regularly called upon by those officials. Cheney and Rumsfeld were, in a sense, a part of the permanent, though hidden, national security apparatus of the United States.” [Mann, 2004, pp. 138-145; Atlantic Monthly, 3/2004; Washington Post, 4/7/2004; Cockburn, 2007, pp. 85]
No Role for Congress - According to one participant, “One of the awkward questions we faced was whether to reconstitute Congress after a nuclear attack. It was decided that no, it would be easier to operate without them.” Thus the decision is made to abandon the Constitutional framework of the nation’s government if this plan is ever activated. [Dubose and Bernstein, 2006, pp. 198]
Reactivated after 9/11 - The plan they rehearse for in the COG exercises will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002] Mann subsequently comments, “The program is of particular interest today because it helps to explain the thinking and behavior of the second Bush Administration in the hours, days, and months after the terrorist attacks on September 11, 2001.” [Atlantic Monthly, 3/2004]

Entity Tags: Richard A. Clarke, Richard (“Dick”) Cheney, Oliver North, National Program Office, James Woolsey, Kenneth Duberstein, Donald Rumsfeld, George Herbert Walker Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

An E-4B Airborne Command Post.An E-4B Airborne Command Post. [Source: US Air Force] (click image to enlarge)During the 1980s, top-secret exercises are regularly held, testing a program called Continuity of Government (COG) that would keep the federal government functioning during and after a nuclear war (see 1981-1992). The program includes a special plane called the National Emergency Airborne Command Post (NEACP). This is a modified Boeing 747, based at Andrews Air Force Base, near Washington, DC that has its own conference room and special communications gear. Nicknamed the “Doomsday” plane, it could act as an airborne command post from where a president could run the country during a nuclear war. One of the COG exercises run by the Reagan administration involves a team of officials actually staying aloft in the NEACP for three days straight. The team cruises across the US, and up and down the coasts, periodically being refueled in mid-air. [Schwartz, 1998; Mann, 2004, pp. 144] Dick Cheney and Donald Rumsfeld participate in the COG exercises, though whether they are aboard the NEACP in this particular one is unknown. [Atlantic Monthly, 3/2004] The plan that is being rehearsed for in the exercises will be activated in response to the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). Also on 9/11, three Doomsday planes (then known as “National Airborne Operations Center” planes) will be in the air, due to an exercise taking place that morning called Global Guardian (see Before 9:00 a.m. September 11, 2001). [Schwartz, 1998; Omaha World-Herald, 2/27/2002]

Entity Tags: Donald Rumsfeld, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Richard Clarke, who will be the counterterrorism “tsar” on 9/11, regularly participates in a series of highly secret “Continuity of Government” (COG) exercises. [Washington Post, 4/7/2004] Throughout the 1980s, the COG exercises rehearse how to keep the federal government running during and after a nuclear war with the Soviet Union (see 1981-1992). After the fall of the Soviet Union, the exercises continue, but based instead around a possible terrorist attack on the United States (see 1992-2000). [Atlantic Monthly, 3/2004] In 2004, Clarke will reveal that he has participated regularly in these exercises over the previous 20 years. He recalls that he had “gone off into caves in mountains in remote locations and spent days on end in miserable conditions, pretending that the rest of the world had blown up, and going through the questions, going through the drill.” He adds: “Everyone there play acts that it’s really happened. You can’t go outside because of the radioactivity. You can’t use the phones because they’re not connected to anything.” He also describes the COG plan requiring coded communications, saying: “There’s an elaborate system for the people in this network, first of all, to verify each other’s identity. That person on the other end has a certain password and information that they have to pass for us to believe that they’re who they say they are.” [Washington Post, 4/7/2004; ABC News, 4/25/2004] Clarke was a senior analyst at the State Department since 1979, and rises to prominence during the Reagan administration when he becomes deputy assistant secretary of state for intelligence. [Washington Post, 3/13/2003; BBC, 3/22/2004] After being a member of the National Security Council since 1992, in 1998 he is appointed as counterterrorism “tsar” (see May 22, 1998). [9/11 Commission, 3/24/2004 pdf file; New York Review of Books, 5/13/2004; Independent, 6/14/2004] According to journalist James Mann, the COG program is of particular interest because it helps explain the thinking and behavior of the Bush administration “in the hours, days, and months after the terrorist attacks on September 11, 2001.” [Atlantic Monthly, 3/2004] On the morning of 9/11, Clarke is in fact responsible for activating the COG plan, the first time it is ever implemented (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8; ABC News, 4/25/2004] Also participating in the COG exercises, at least throughout at 1980s, are Dick Cheney and Donald Rumsfeld, who on 9/11 are the vice president and secretary of defense, respectively. [Atlantic Monthly, 3/2004]

Entity Tags: Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During the 1980s, Dick Cheney and Donald Rumsfeld were regular participants in top-secret exercises, designed to test a program called Continuity of Government (COG) that would keep the federal government functioning during and after a nuclear war with the Soviet Union (see 1981-1992). Despite the fall of the Berlin Wall and the collapse of the Soviet Union, the COG exercises continue into the 1990s, being budgeted still at over $200 million per year.
Exercises Prepare for Terrorist Attacks - Now, terrorists replace the Soviet Union as the imagined threat in the exercises. The terrorism envisaged is almost always state-sponsored, with the imagined terrorists acting on behalf of a government. According to journalist James Mann, the COG exercises are abandoned fairly early in the Clinton era, as the scenario is considered farfetched and outdated. However another journalist, Andrew Cockburn, suggests they continue for longer.
Exercise Participants Are Republican Hawks - Cockburn adds that, while the “shadow government” created in the exercises had previously been drawn from across the political spectrum, now the players are almost exclusively Republican hawks. A former Pentagon official with direct knowledge of the program will later say: “It was one way for these people to stay in touch. They’d meet, do the exercise, but also sit around and castigate the Clinton administration in the most extreme way. You could say this was a secret government-in-waiting. The Clinton administration was extraordinarily inattentive, [they had] no idea what was going on.” [Atlantic Monthly, 3/2004; Cockburn, 2007, pp. 88]
Richard Clarke Participates - A regular participant in these COG exercises is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). [Washington Post, 4/7/2004; ABC News, 4/25/2004] Although he will later come to prominence for his criticisms of the administration of President George W. Bush, some who have known him will say they consider Clarke to be hawkish and conservative (see May 22, 1998). [Boston Globe, 3/29/2004; US News and World Report, 4/5/2004] The Continuity of Government plan will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002]

Entity Tags: Clinton administration, Andrew Cockburn, Richard A. Clarke, Donald Rumsfeld, Richard (“Dick”) Cheney, James Mann, US Department of Defense

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

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

Thousands of African-American voters in Florida are illegally denied their right to vote, as is proven in many instances by subsequent investigations. Adora Obi Nweze, the president of the Florida State Conference of the NAACP, is told by election officials she cannot vote because she has already cast an absentee ballot, even though she has cast no such ballot. Cathy Jackson, a Broward County voter since 1996, was told falsely that she was not on the rolls and could not vote; she sees a white woman cast an “affidavit ballot” and asks if she can do the same, but is denied. Donnise DeSouza of Miami is told, falsely, that she is not on the voting rolls and is moved to the “problem line”; when the polls close, she is sent home without voting. Another voter, Lavonna Lewis, is in line to vote when the polls close. Though the law says that voters already in line can vote even after the polls close, she is sent home. She will later say she saw election officials allow a white male voter to get in line after the polls had closed.
US Representative Fights to Cast Vote - US Representative Corrine Brown (D-FL) is followed into her poll by a television crew. Officials there tell her that her ballot has been sent to Washington and therefore she cannot vote in Florida. Brown spends two and a half hours in the polling place before finally being allowed to vote. Brown later notes that she helped register thousands of African-American college students in the months prior to the election. “We put them on buses,” she will recall, “took them down to the supervisor’s office. Had them register. When it came time to vote, they were not on the rolls!” Many African-American voters like Wallace McDonald of Hillsborough County are denied their vote because they are told, falsely, that they are convicted felons whose right to vote has been stripped. The NAACP offices are inundated with telephone calls all day from voters complaining that their right to vote is being denied.
'Painful, Dehumanizing, Demoralizing' - Donna Brazile, campaign manager for the Gore campaign whose sister was illegally asked for three forms of identification in Seminole County before being allowed to vote, later says: “What happened that day—I can’t even put it in words anymore. It was the most painful, dehumanizing, demoralizing thing I’ve ever experienced in my years of organizing.” Hearings in early 2001 held by the US Commission on Civil Rights will record more than 30 hours of testimony from over 100 witnesses as to a wide array of racially based disenfranchisement. The commission will find that the election probably violated the Voting Rights Act of 1965, but Attorney General John Ashcroft will ignore the report.
Gadsden County - One exemplar of systematic disenfranchisement is seen in Gadsden County, one of Florida’s poorest counties, with 57 percent of its voters African-American. Its elections are supervised by white conservative Denny Hutchinson. Hutchinson refuses to take action to increase registration, put in more polling places, and other actions designed to increase voter turnout. Gadsden County Commissioner Ed Dixon later recalls: “He never advocated for any increased precincts, even though some of our people had to drive 30 miles to get to a poll. In the only county that’s a majority African-American, you want a decreased turnout.” After the votes have been tallied, Hutchinson’s deputy, African-American Shirley Green Knight, notices that over 2,000 ballots (out of 14,727 cast) are not included in the registered count. The reason? Gadsden uses a so-called “optiscan” balloting device, which allows voters to “bubble in” ovals with a pencil; these “bubbles” are scanned and the votes they indicate are tallied. Optiscan ballots are prone to register “overvotes,” essentially when the ballot indicates votes for two separate candidates in the same race. Overvotes are not machine-tallied. The machines have a sorting switch that when set to “on” causes the machine to record overvotes or “undervotes” (no vote recorded) in a separate category for later review and possible inclusion. Knight will learn that Hutchinson had insisted the machines’ switches be set to “off,” which rejects the overvotes without counting them at all. “I have no idea why he would do that,” Knight later says. When she learns of the problem, she asks Hutchinson to run the ballots through again with the sorting switch on, but he refuses. He is later overruled by the Gadsden canvassing board. When the ballots are run through a second time, the results are startlingly different. Gadsden uses a variant of the so-called “caterpillar ballot,” which lists candidates’ names in two columns. George W. Bush, Al Gore, and six other presidential candidates are listed in one column. The second column lists two more candidates, Monica Moorehead and Howard Phillips, and a blank for a “Write-In Candidate.” Hundreds of voters apparently believe that the second column is for an entirely different race, and vote not only for Bush or Gore, but for Moorehead or Phillips. And some voters vote for Gore and, to ensure clarity, write “Gore” in the write-in box. (Some, thoroughly confused by directions telling them to “Vote for ONE” and “Vote for Group,” bubble in all 10 presidential candidates and write “Gore” in the box.) None of these votes are originally counted. More sophisticated optiscan machines would refuse to accept the ballot, prompting the voter to correct the error. But Gadsden uses a cheaper machine that allows the error to go through unbeknownst to the voter. When Gadsden performs its machine recount, Gore will receive 153 additional votes from the erroneous optiscan. These will be included in the state’s final tally. However, over 2,000 of the “overvote” ballots will not be counted. Two-thirds of those ballots have Gore as their selection.
Duval County - Similar problems plague voters in Duval County. Duval, a large Democratic stronghold because of its inclusion of Jacksonville, is 29 percent African-American. Twenty-one thousand votes are thrown out as “overvotes.” Part of the problem is a sample-ballot insert placed in the newspaper by elections supervisor John Stafford, giving erroneous instructions as to how to complete the Duval ballot; any voter who follows these instructions does not have their votes tallied, though corrected instructions are posted in some Duval precincts. In the critical 72-hour period after the votes are complete, Gore campaign staffer Mike Langton will spend hours with Stafford, a white Republican, attempting to address the situation. Stafford lies to Langton and tells him Duval has “only a few” overvotes. It is not until after the deadline to ask for a machine recount has passed that Langton learns of the 21,000 uncounted votes. Nearly half of these are from four heavily African-American precincts that usually vote 90 percent Democratic. In theory, nearly 10,000 votes for Gore from Duval County will go untallied.
'Felons' and 'Purge Lists' - Florida law disenfranchises citizens convicted of many felonies (see June 24, 1974). In this election, thousands of Florida voters, mostly African-American males, lose their vote when they appear at their precinct and are told they cannot vote because they are felons, even though they are not. One is Willie Steen, a military veteran who loses his vote in Hillsborough County. “The poll worker looked at the computer and said that there was something about me being a felon,” Steen later recalls. “I’ve never been arrested before in my life,” he recalls telling the poll worker. The worker refuses to listen, and orders Steen to leave the line. Steen later learns that the felony he supposedly committed was done between 1991 and 1993, when he was stationed in the Persian Gulf. Tampa youth leader Willie Dixon and Tallahasse pastor Willie Whiting are also denied their votes through improper classification as felons, as do thousands of other voters. Investigative journalist Greg Palast later learns that the felon-disenfranchisement is widespread and systematic. He will publish a story exposing the scheme during the Florida recounts—in a London newspaper. No US newspaper will consider it. Palast later says: “Stories of black people losing rights is passe, it’s not discussed, no one cares. A black person accused of being a felon is always guilty.” Palast and other investigators learn that Republican legislators have in recent years upgraded a number of selected crimes from misdemeanors to felonies, apparently in order to “purge” the voting rolls of African-Americans. State Senator Frederica Wilson is one of many who believe the new classifications are “aimed at African-American people.” Black lawmakers have been unsuccessful in attempting to repeal the felon-disenfranchisement laws. After a 1997 election, where some 105 felons were found to have voted and analysis showed that 71 percent of Florida felons were registered Democrats, the Florida state government allocated $4 million to “purge” felons off the voting rolls. The government turned the task over to a private firm, Database Technologies (DBT) of Boca Raton (which later merged with the firm ChoicePoint). When the first purge lists from DBT began appearing in 1998, county elections officials were worried. Ion Sancho, the elections supervisor for Leon County, will recall: “We were sent this purge list in August of 1998. We started sending letters and contacting voters, [saying] that we had evidence that they were potential felons and that they contact us or they were going to be removed from the rolls. Boy, did that cause a firestorm.” One of the “felons” was Sancho’s close friend Rick Johnson, a civil rights attorney. “Very few felons are members of the Florida bar,” Sancho will note. In early 2000, Sancho asked Emmett “Bucky” Mitchell, a lawyer for the Florida Division of Elections, why so many “false positives”—innocent people—were on DBT’s list. Mitchell told Sancho that the problem was DBT’s, not Florida’s, and the firm had been told to handle the problem. Instead, according to ChoicePoint marketing official James Lee, Florida relaxed the criteria for its purge list, and tens of thousands of voters who had names roughly similar to those of actual felons were added to the list. Why? Lee will say, “Because after the first year they weren’t getting enough names.” Willie D. Whiting, a law-abiding pastor, is denied the vote because Willie J. Whiting is a felon. Willie Steen is denied his vote because Willie O’Steen is a convicted felon. Mitchell told a DBT project manager that it was up to elections officials like Sancho to find and correct the misidentifications. The lists even include actual felons whose right to vote had been restored by previous Florida administrations during amnesty programs. The initial database for the purge lists is comprised of people arrested for felonies, not convicted—thusly many citizens never convicted of a crime are now on the purge list. Others are incorrectly listed as felons when they were convicted of misdemeanors. A May 2000 “corrected” list stunned county elections officials. Linda Howell, election supervisor of Madison County, found her own name on the list. Monroe County supervisor Harry Sawyer found his father on the list, along with one of his employees and the husband of another. None of those people were felons. Some counties, such as Broward, Duval, Madison, and Palm Beach chose not to use the lists at all; Sancho meticulously checked his list of 697 names and ended up retaining only 33. Most supervisors use the lists without question. A thousand Bay County voters are denied their vote; 7,000 Miami-Dade voters lose theirs. It is unknown how many of these are actual felons and how many are law-abiding, legitimate voters. A 2001 class-action lawsuit brought by the NAACP and African-American voters will charge DBT and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. It will be settled out of court, with Florida agreeing to provisions that nominally settle the problem (see Late August 2002), but a 2004 article by Vanity Fair will note that by 2004, Florida’s government has implemented none of the corrective procedures mandated by the settlement. Subsequent investigations will show that the “felons” on the various purge lists are disproportionately Democratic voters and disproportionately African-American. [Tapper, 3/2001; Vanity Fair, 10/2004]
2001 Investigation Proves Widespread Disenfranchisement - A 2001 investigation by the progressive newsmagazine The Nation will show a widespread and systematic program of voter disenfranchisement in effect in Florida during the 2000 elections (see April 24, 2001).

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

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

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

Timeline Tags: 2000 Elections, Civil Liberties

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

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

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

Timeline Tags: 2000 Elections, Civil Liberties

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

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

Timeline Tags: 2000 Elections

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

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

Timeline Tags: 2000 Elections

In a 79-41 vote, the Florida House of Representatives, under Republican leadership, votes to approve 25 electors to the Electoral College (see 12:00 p.m. December 8, 2000) to cast Florida’s votes for George W. Bush (R-TX). Two of the 79 votes cast for the elector naming are Democratic. [US News and World Report, 12/13/2000; Leip, 2008] After the US Supreme Court rules against the recounts and gives the election to Bush, the Legislature abandons the idea of naming an independent slate of electors (see 9:54 p.m. December 12, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Florida State Legislature, US Supreme Court

Timeline Tags: 2000 Elections

The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]

Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver

Timeline Tags: 2000 Elections, Civil Liberties

Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on.Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on. [Source: Authentic History]Vice President Al Gore is out of options after the US Supreme Court halted all Florida recounts (see 9:54 p.m. December 12, 2000). He orders his Florida recount committee to suspend its activities. At 9:00 p.m., Gore, accompanied by his wife Tipper, his vice-presidential running mate Joe Lieberman, and Lieberman’s wife Hadassah, gives a nationally broadcast speech. He tells the nation he accepts George W. Bush as the legitimate 43rd president of the United States. “This is America, and we put country before party,” he tells viewers. For his part, Bush pledges to deliver reconciliation and unity to a divided nation in his acceptance speech, saying “our nation must rise above a house divided.” However, Bush immediately indicates that he will seek to reform Social Security and Medicare, two issues guaranteed to cause division among Americans. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Hadassah Lieberman, Al Gore presidential campaign 2000, George W. Bush, Joseph Lieberman, US Supreme Court, Albert Arnold (“Al”) Gore, Jr., Mary Elizabeth (“Tipper”) Gore

Timeline Tags: 2000 Elections

President-elect George W. Bush meets with Donald Rumsfeld in Washington, and offers him the position of secretary of defense. Insiders are amazed that Bush would even consider Rumsfeld, the chief of staff for former President Ford (see September 21, 1974 and After), after Rumsfeld’s open contempt and enmity towards the elder Bush, the “Team B” onslaught against the elder Bush’s CIA (see Late November 1976 and Late November, 1976), and his attempts to keep Bush off the presidential tickets in 1976 and 1980 (see Before November 4, 1975). “Real bitterness there,” a close friend of the Bush family later says. “Makes you wonder what was going through Bush 43’s head when he made [Rumsfeld] secretary of defense.” The Bush family’s great friend and fixer, James Baker, even tries to dissuade Bush from choosing Rumsfeld, telling him, “All I’m going to say is, you know what he did to your daddy.” But Bush chooses Rumsfeld anyway. Not only does Rumsfeld have a long and fruitful relationship with Vice President Cheney (see 1969), but Rumsfeld, described as always an ingratiating courtier by author Craig Unger, plays on Bush’s insecurity about his lack of experience and his desire to be an effective commander in chief. Rumsfeld is also a key element of Cheney’s long-term plan to unify power in the executive branch (see 1981-1992), to the detriment of Congress and the judiciary. [Unger, 2007, pp. 186-187]

Entity Tags: Donald Rumsfeld, Craig Unger, Richard (“Dick”) Cheney, George W. Bush, James A. Baker

Timeline Tags: US Military

Shaha Ali Riza.Shaha Ali Riza. [Source: World Bank]With Donald Rumsfeld in as Defense Secretary (see December 28, 2000), Vice President Cheney is moving closer to getting a team in place that will allow him to fulfill his dream of the “unitary executive”—the gathering of power into the executive branch at the expense of the legislative and judicial branches. One key piece to Cheney’s plan is to place neoconservative academic Paul Wolfowitz as the head of the CIA. However, Wolfowitz’s personal life is proving troublesome for Cheney’s plans. Wolfowitz’s marriage is crumbling. His wife of over 30 years, Clare, is threatening to go public with her husband’s infidelities. Wolfowitz is having one affair with a staffer at the School of International Studies, and is openly romancing another woman, Shaha Ali Riza, a secular Muslim neoconservative with close ties to Iraqi oppositions groups, including Ahmed Chalabi’s Iraqi National Congress. Smitten with the idea of a secular Muslim and a secular Jew forming a romantc liaison, Wolfowitz frequently escorts Riza, and not his wife, to neoconservative social events. Many insiders joke about Wolfowitz’s “neoconcubine.” His dalliances, particularly with a Muslim foreign national, raise questions about his ability to obtain the necessary national security clearance he will need to head the CIA. Cheney does not intend to allow questions of security clearances or wronged and vengeful wives to stop him from placing Wolfowitz at the head of the agency, but this time he does not succeed. After Clare Wolfowitz writes a letter to President-elect Bush detailing her husband’s sexual infidelities and possible security vulnerabilities, Wolfowitz is quietly dropped from consideration for the post. Current CIA Director George Tenet, after reassuring Bush that he can work with the new regime, is allowed to keep his position. Author Craig Unger later writes, “If Cheney and the neocons were to have control over the national security apparatus, it would not come from the CIA.” [Unger, 2007, pp. 187-189]

Entity Tags: Iraqi National Congress, Clare Wolfowitz, Craig Unger, Donald Rumsfeld, Paul Wolfowitz, Richard (“Dick”) Cheney, Shaha Ali Riza, George W. Bush, George J. Tenet

Timeline Tags: Civil Liberties, Neoconservative Influence

Although neoconservative Paul Wolfowitz has lost his chance of becoming director of the CIA due to his sexual entanglements with foreign nationals (see Late December 2000), he has not been entirely dismissed from consideration for high positions, and has the support of Vice President Cheney. President Bush, who has insisted that his administration’s officials comply with the highest moral standards, never learns about Wolfowitz’s infidelities. (A letter that Wolfowitz’s wife wrote to Bush about her husband’s affairs was intercepted by Cheney’s chief of staff, Lewis Libby. Wolfowitz himself unleashed a group of lawyers on his wife and forced her to sign a non-disclosure agreement to keep quiet about his affairs.) Incoming Defense Secretary Donald Rumsfeld chooses Wolfowitz to be his deputy, blocking incoming Secretary of State Colin Powell’s choice for the position, Richard Armitage, from taking the office (see Late December 2000 and Early January 2001). The Washington Post calls Wolfowitz’s selection “another victory for… Cheney over… Powell.” Rumsfeld knows about Wolfowitz’s sexual liaisons, as do most White House officials, and chooses to remain silent. “Rumsfeld told Wolfowitz to keep it zipped,” a State Department source later says. “He didn’t want any problems. He was basically to run the show and Wolfowitz could come on those terms.” [Unger, 2007, pp. 191-192]

Entity Tags: Donald Rumsfeld, Central Intelligence Agency, Clare Wolfowitz, Lewis (“Scooter”) Libby, Colin Powell, Richard (“Dick”) Cheney, Paul Wolfowitz, US Department of Defense

Timeline Tags: US Military

There are discussions among future members of the Bush administration, including Bush himself, about making the removal of Saddam Hussein a top priority once they are in office. After the invasion of Iraq in March 2003, counterterrorism “tsar” Richard Clarke will say that the Bush team had been planning regime change in Iraq since before coming to office, with newly named Defense Secretary Donald Rumsfeld (see December 28, 2000) and his deputy Paul Wolfowitz (see January 11, 2001) taking the lead. “Since the beginning of the administration, indeed well before, they had been pressing for a war with Iraq,” he will write in his book Against All Enemies. “My friends in the Pentagon had been telling me that the word was we would be invading Iraq sometime in 2002.” [Clarke, 2004, pp. 7-9; Unger, 2007, pp. 192] During an appearance on Good Morning America on March 22, 2004, he will say, “[T]hey had been planning to do something about Iraq from before the time they came into office.” [Good Morning America, 3/22/2004] Evidence of pre-inaugural discussions on regime change in Iraq comes from other sources as well. Imam Sayed Hassan al-Qazwini, who heads the Islamic Center of America in Detroit, will tell the New York Times in early 2004 that he spoke with Bush about removing Saddam Hussein six or seven times, both before and after the 2000 elections. [New York Times, 1/12/2004] In 2007, author Craig Unger will write: “In certain respects, their actions were a replay of the 1976 Team B experiment (see Early 1976 and November 1976), with one very important difference. This time it wasn’t just a bunch of feverish ideologues presenting a theoretical challenge to the CIA. This time Team B controlled the entire executive branch of the United States.” [Unger, 2007, pp. 192]

Entity Tags: Richard A. Clarke, Imam Sayed Hassan al-Qazwini, Craig Unger, Saddam Hussein, ’Team B’, George W. Bush, Richard (“Dick”) Cheney

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

George W. Bush taking the oath of office.George W. Bush taking the oath of office. [Source: White House/ Wally McNamara]George W. Bush is inaugurated as president, replacing President Bill Clinton. Bush is sworn in after a tumultuous, sharply disputed election that ended with a US Supreme Court decision in his favor (see 9:54 p.m. December 12, 2000). He takes the oath of office on the same Bible his father, George H.W. Bush, used in his own 1989 inauguration; the oath is administered by Chief Justice William Rehnquist. In his brief inaugural address, delivered outside the US Capitol, Bush asks Americans to “a commitment to principle with a concern for civility.… Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.” In words apparently chosen to reflect on the criticisms surrounding former President Clinton and his notorious affair with White House intern Monica Lewinsky, Bush says, “I will live and lead by these principles—to advance my convictions with civility, to pursue the public interest with courage, to speak for greater justice and compassion, to call for responsibility, and try to live it as well.” He continues addressing the American people, saying: “I ask you to be citizens. Citizens, not spectators. Citizens, not subjects. Responsible citizens, building communities of service and a nation of character.” At a post-ceremonial luncheon, Bush issues a series of executive orders, some designed to block or roll back several Clinton-era regulations. He also acknowledges that because of the election turmoil, many Americans believe “we can’t get anything done… nothing will happen, except for finger-pointing and name-calling and bitterness.” He then says: “I’m here to tell the country that things will get done. Republicans and Democrats will come together to do what’s right for America.” [New York Times, 1/21/2001]
Thousands of Protesters - Thousands of protesters line the streets during Bush’s ceremonial drive to the Capitol, a fact not heavily reported by many press outlets. Salon reports, “Not since Richard Nixon paraded down Pennsylvania Avenue in 1973 has a presidential inauguration drawn so many protesters—and last time, people were out to protest the Vietnam War.” Though Capitol Police refuse to estimate the size of the crowd lining the street, Salon reports that “many thousands of protesters were in evidence.” Liz Butler of the Justice Action Movement, the umbrella organization that helped coordinate the protests, says: “The level of people on the streets shows that people are really upset about lack of democratic process. They took it to the streets. We saw tens of thousands. We saw far more protesting Bush than supporting him.” Some of the people on the streets are Bush supporters, but many more are not, and carry signs such as “Bush Cheated,” “Hail to the Thief,” “Bush—Racism,” “Bushwhacked by the Supremes,” and others. The crowd, though outspoken in its protests and unrestrained in its heckling of Bush and Vice President Dick Cheney, is generally peaceful, and no serious violence is reported, though a few minor altercations do take place, and large contingents of police in riot gear—including personnel from every police department in the District of Columbia as well as the Bureau of Alcohol, Tobacco and Firearms and from departments in Maryland and Virginia—are on hand. At least one protester throws an egg at the limousine transporting Bush, Cheney, and their families to the inaugural ceremonies; perhaps in response to the protests, Bush breaks with tradition laid down by earlier presidents and does not walk any large portion of the parade route. Nine people are arrested for disorderly conduct, most for allegedly throwing bottles and other debris. Bulter says: “Of course, we’re ashamed that Bush has decided to be a ‘uniter’ by uniting people against him. They all chose to come out in the freezing rain—even the weather couldn’t stop these people.” Protester Mary Anne Cummings tells a reporter: “I think it’s important to remind the incoming administration the country does not want a right-wing mandate. They did not vote for a right-wing mandate.” [Salon, 1/20/2001; CNN, 1/20/2001; New York Times, 1/21/2001] Thousands of protesters march in San Francisco, Los Angeles, and other cities as well. [CNN, 1/20/2001]

The BlackBerry 850.The BlackBerry 850. [Source: Research In Motion]White House staffers are prohibited from using BlackBerry e-mail pagers, but this rule will hinder them on September 11, when phone systems suffer serious problems but BlackBerrys work normally. At some point after George W. Bush takes over as president (see January 20, 2001) but before September 11, the new administration makes “a judgment call… that people in the White House could not use a BlackBerry,” according to Joseph Hagin, the White House deputy chief of staff for operations. The BlackBerry is a handheld device used mainly for sending and receiving short e-mail messages. [New York Times, 9/20/2001; PC World, 12/9/2008] The decision against using BlackBerrys is reportedly made for security reasons. “The security agencies had decided they were too vulnerable,” Hagin will later say. [IT Business Edge, 2/12/2009]
White House Staffers Have Trouble Communicating on 9/11 - However, on September 11, while BlackBerrys continue to work normally, many people will have difficulty making phone calls. [New York Times, 9/20/2001] White House staffers will be badly affected by the communication problems. Hagin will describe: “On September 11, 2001, when we had so much trouble in the executive branch communicating during the emergency, when commercial phones and cell phones went down to a large extent because the system overloaded, there was a lot of difficulty at the White House because the president was in Florida, I was in New York City, and everyone else was in Washington. With everyone spread so thinly, we had trouble figuring out who was okay, the status of things, and so on.” [Computerworld, 2/3/2009]
Rove Is the Only White House Staff Member with a BlackBerry - Karl Rove, the president’s senior adviser, will be the only member of the White House staff with a BlackBerry on September 11. Rove will write that, while he is traveling with the president on Air Force One that day, because all the phones are tied up, several other White House staff members “took turns using my BlackBerry to queue up e-mails to their families that would be sent when we passed over a cell network.” [Rove, 2010, pp. 257-258; Hill, 3/17/2010]
BlackBerrys Permitted after 9/11 - The White House will reverse its decision to prohibit BlackBerrys after September 11. According to Hagin, “In the weeks that followed [9/11], when talking to some of our friends on [Capitol Hill], we found that they had stayed in pretty good touch through BlackBerry technology.” Therefore, Hagin will say: “I made the decision that we couldn’t operate without [BlackBerrys]. We bought 200, then 400, and finally about 600.” [PC World, 12/9/2008; Computerworld, 2/3/2009]
BlackBerry Works Well on 9/11 due to Simplicity of Its Network - The reason why, unlike phones, BlackBerrys work as usual on September 11, according to the New York Times, is that instead of relying on “cellular telephone systems or the local telephone network, which were damaged and inundated with traffic, the BlackBerry functions on a data system that held up remarkably well. The network not only escaped damage but also avoided bottlenecks because of its relative simplicity.” The BlackBerry network “in a way resembles the on-ramp of a freeway. It transmits data in small packets of information that can simply wait for a small amount of space on the system to be freed up to be sent or received.” [New York Times, 9/20/2001]

Entity Tags: White House, Karl C. Rove, Joseph W. Hagin

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The cover of Jake Tapper’s book ‘Down and Dirty.’The cover of Jake Tapper’s book ‘Down and Dirty.’ [Source: OpenLibrary (.org)]Salon reporter Jake Tapper publishes his book on the 2000 presidential elections, titled Down and Dirty: The Plot to Steal the Presidency. In it, Tapper observes that the proof of the resiliency of American democracy comes in the fact that George W. Bush ascended to the presidency in a peaceful manner. The events in Florida that determined the Bush “victory,” from the initial dispute over who won the popular vote (see Early Morning, November 8, 2000 and Mid-Morning, November 8, 2000) to the Supreme Court’s decision to award the presidency to Bush (see 9:54 p.m. December 12, 2000), “brought out the ugliest side of every party in American politics,” Tapper writes. “Democrats were capricious, whiny, wimpy, and astoundingly incompetent. Republicans were cruel, presumptuous, indifferent, and disingenuous. Both were hypocritical—appallingly so at times. Both sides lied. Over and over and over. Far too many members of the media were sloppy, lazy, and out of touch. Hired-gun lawyers pursued their task of victory, not justice. The American electoral system was proven to be full of giant holes.” Democratic candidate Al Gore, Tapper writes, came across as “cold,” “ruthless,” duplicitous, and astonishingly out of touch with the electorate. Republican candidate Bush “was a brilliant schmoozer and deft liar” with the “intellectual inquisitiveness of your average fern,” betraying his fundamental ignorance about American government again and again during the campaign. “Both candidates were wanting,” Tapper writes. Of the actual results, Tapper observes: “We will never know who would have won Florida had all the ballots been hand-counted by their respective canvassing boards. Adding to the confusion were thousands of trashed or miscast ballots—including Palm Beach County’s infamous “butterfly ballot” (see November 9, 2000). We will never know who, therefore, truly was the choice of the most Floridians and who, therefore, really earned the state’s critical electoral votes and therefore the presidency.” [Tapper, 3/2001]

Entity Tags: County of Palm Beach (Florida), Albert Arnold (“Al”) Gore, Jr., Jake Tapper, US Supreme Court, George W. Bush

Timeline Tags: 2000 Elections

Vice President Dick Cheney on television, May 8, 2001.Vice President Dick Cheney on television, May 8, 2001. [Source: CNN]In a brief statement, President Bush announces that Vice President Dick Cheney will oversee a “coordinated national effort” aimed at integrating the government’s plans for responding to the use of a chemical, biological, radiological, or nuclear weapon within the United States. Bush declares, “Should our efforts to reduce the threat to our country from weapons of mass destruction be less than fully successful, prudence dictates that the United States be fully prepared to deal effectively with the consequences of such a weapon being used here on our soil.” Bush says a new agency within the Federal Emergency Management Agency (FEMA), known as the Office of National Preparedness, will be “responsible for implementing the results of those parts of the national effort overseen by Vice President Cheney that deal with consequence management.” The Office of National Preparedness appears to be a reincarnation of FEMA’s old National Preparedness Directorate (NPD), which was disbanded by the Clinton administration in 1993 (see January 1993-October 1994). During the 1980s and early 1990s, the NPD secretly spent billions of dollars preparing for nuclear war and other national emergencies as part of the highly classified Continuity of Government (COG) program (see February 1993, 1982-1991, and April 1, 1979-Present). [Cox News Service, 2/22/1993] Under the Bush administration, the Office of National Preparedness (ONP) will apparently take over where the National Preparedness Directorate left off. According to Bush, the ONP “will coordinate all Federal programs dealing with weapons of mass destruction consequence management within the Departments of Defense, Health and Human Services, Justice, and Energy, the Environmental Protection Agency, and other federal agencies.” Cheney, who played a central role in the COG program during the Reagan administration (see 1981-1992 and 1980s), informs CNN, “[O]ne of our biggest threats as a nation” could be “domestic terrorism, but it may also be a terrorist organization overseas or even another state using weapons of mass destruction against the US.… [W]e need to look at this whole area, oftentimes referred to as homeland defense.” According to FEMA, the ONP will be up and running as early as the summer of 2001. President Bush says he “will periodically chair a meeting of the National Security Council to review these efforts.” [CNN, 5/8/2001; White House, 5/8/2001; New York Times, 7/8/2002] Cheney is meant to head a group that will draft a national terrorism response plan by October 1. [Chicago Sun-Times, 5/5/2001; Insight on the News, 6/18/2001] But, according to Barton Gellman of the Washington Post, “Neither Cheney’s review nor Bush’s took place.” [Washington Post, 1/20/2002] Former Senator Gary Hart (D-CO) later implies that Bush assigned this specific role to Cheney in order to prevent Congress from enacting counterterrorism legislation proposed by a bipartisan commission he had co-chaired in January (see January 31, 2001). [Salon, 4/2/2004; Salon, 4/6/2004] In July, two senators will send draft counterterrorism legislation to Cheney’s office, but a day before 9/11, they are told it might be another six months before he gets to it (see September 10, 2001). [Newsweek, 5/27/2002] Cheney’s “National Preparedness Review” is just beginning to hire staff a few days before 9/11 (see September 10, 2001). [Congressional Quarterly, 4/15/2004]

Entity Tags: Gary Hart, George W. Bush, Federal Emergency Management Agency, Office of National Preparedness, National Security Council, National Preparedness Directorate, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

At some point after the White House is ordered to evacuate and while Air Force One is preparing to take off in Florida, counterterrorism “tsar” Richard Clarke activates the Continuity of Government (COG) plan. The coordinator for Continuity of Government has joined Clarke in the White House Situation Room. Clarke asks, “How do I activate COG?” Recalling this conversation, he will later comment, “In the exercises we had done, the person playing the president had always given that order.” But the coordinator replies, “You tell me to do it.” Soon after, Clarke instructs him, “Go.” [Clarke, 2004, pp. 8]
First Time COG Plan Activated - The Continuity of Government plan, which dates back to the Reagan administration, had originally prepared to set up a new leadership for the US in the event of a nuclear war. This is apparently the first time it has ever been put into effect. Clarke will recall, “Every federal agency was ordered… to activate an alternative command post, an alternative headquarters outside of Washington, DC, and to staff it as soon as possible.” Cabinet officers are dispatched around the country, and people in Congress are taken to alternative locations.
Clarke Regularly Particiated in COG Exercises - Since the 1980s, Clarke has in fact been a regular participant in secret COG exercises that rehearsed this plan (see (1984-2004)). [Washington Post, 4/7/2004; ABC News, 4/25/2004] Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld also participated (see 1981-1992). [Atlantic Monthly, 3/2004] Kenneth Duberstein, formerly President Reagan’s White House chief of staff, who took part in the exercises as well, will recall: “I said to myself, as we proceeded through the day [of 9/11], ‘It’s working.’ All those days of patriotic duty were coming back and they were working.” According to ABC News, “If executive branch leaders and large numbers of congressmen had been killed in an attack on the United States, the plan could have gone further, officials suggest, perhaps even with non-elected leaders of the United States taking control and declaring martial law.” [ABC News, 4/25/2004] According to a White House timeline of the events of 9/11, it is in fact Cheney that “orders implementation of Continuity of Government and Continuity of Operations procedures,” at 9:55 a.m., although, according to the Washington Post, Cheney only “officially implemented the emergency Continuity of Government orders,” rather than activating the plan. [White House, 2001; Washington Post, 1/27/2002]

Entity Tags: Richard A. Clarke, Continuity of Government, White House, Kenneth Duberstein

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Deputy Defense Secretary Paul Wolfowitz leaves the Pentagon and relocates to the alternate military command center outside Washington, DC. Wolfowitz evacuated from his office to an area in front of the Pentagon after the building was hit, but then went back inside and joined Defense Secretary Donald Rumsfeld and others in the National Military Command Center (NMCC). [Vanity Fair, 5/9/2003] With smoke seeping into the center, Wolfowitz advises Rumsfeld to leave the NMCC (see (10:40 a.m.-11:00 a.m.) September 11, 2001). But instead Rumsfeld orders Wolfowitz to leave and fly to Site R, the alternate command center, which is located inside Raven Rock Mountain, about six miles north of Camp David, on the Pennsylvania-Maryland border. [Bulletin of the Atomic Scientists, 11/2001; Vogel, 2007, pp. 441] Wolfowitz will later recall that he “was not happy about” receiving this order. [Vanity Fair, 5/9/2003] Minutes later, a helicopter lands outside the Pentagon, and carries Wolfowitz and several others off to the alternate command center. [Goldberg et al., 2007, pp. 132] Site R was designed as a duplicate of the NMCC, and if the NMCC were ever destroyed in an attack or needs to be evacuated, it would serve as the Pentagon’s primary command center. [Creed and Newman, 2008, pp. 174] It has “more than 700,000 square feet of floor space, sophisticated computer and communications equipment, and room for more than 3,000 people.” [Bulletin of the Atomic Scientists, 11/2001] Others who will relocate to Site R on this day include Army Secretary Thomas White and personnel from the office of the vice chairman of the Joint Chiefs of Staff, though White will return to the Pentagon later on (see (11:00 a.m.) September 11, 2001). [Washington Post, 1/9/2002; MSNBC, 9/11/2002; Goldberg et al., 2007, pp. 135] According to journalist and author James Mann, Rumsfeld’s decision to order Wolfowitz to leave Washington has its roots in a top secret program Rumsfeld was involved in during the 1980s, which serves to ensure the “Continuity of Government” (COG) in the event of an attack on the US (see 1981-1992). [Mann, 2004, pp. 138-139] Counterterrorism “tsar” Richard Clarke activated the COG plan shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8]

Entity Tags: Paul Wolfowitz, Site R, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Mount Weather.Mount Weather. [Source: Department of Homeland Security]Congressional leaders are evacuated from Washington and flown to Mount Weather, a secret and secure bunker in Virginia, where they remain until late in the afternoon. [Los Angeles Times, 9/12/2001; Washington Post, 1/27/2002; ABC News, 9/15/2002] The Capitol building was evacuated shortly after the Pentagon was hit (see 9:48 a.m. September 11, 2001). Most of the leadership teams of both parties subsequently assemble at the Capitol Police building. [Daschle and D'Orso, 2003, pp. 112] Around late morning or early afternoon, orders are given to take them to a secure location outside Washington. The Congressional leaders return to outside the Capitol building, and from there are flown by military helicopter to Mount Weather. [Washington Post, 1/27/2002] Each is allowed to bring one staff member with them. [Daschle and D'Orso, 2003, pp. 114] The Mount Weather Emergency Operations Facility in Bluemont, Virginia, is located 48 miles—about 20 minutes journey by air—from Washington. [Bulletin of the Atomic Scientists, 11/2001; ABC News, 9/15/2002] It was originally built to serve as the new seat of government if there was a nuclear war. [ABC News, 9/11/2001] The underground complex contains about 600,000 square feet of floor space, and can accommodate several thousand people. [Bulletin of the Atomic Scientists, 11/2001] It has extensive communication systems linking it to the nationwide network of Federal Emergency Management Agency (FEMA) bunkers, relocation sites, and the White House Situation Room. [Center for Land Use Interpretation Newsletter, 3/2002] Members of Congress taken to the facility include House Majority Leader Dick Armey (R-TX), House Majority Whip Tom DeLay (R-TX), House Minority Leader Dick Gephardt (D-MO), House Minority Whip David Bonior (D-MI), Senate Majority Leader Tom Daschle (D-SD), Senate Minority Leader Trent Lott (R-MS), Assistant Senate Majority Leader Harry Reid (D-NV), and Senate Minority Whip Don Nickles (R-OK). [Hastert, 2004, pp. 10] Speaker of the House Dennis Hastert (R-IL) was taken there earlier on (see (9:50 a.m.) September 11, 2001). [Bamford, 2004, pp. 80-81] The Congressional leaders will remain at Mount Weather until later in the afternoon, and then return to the Capitol around 6:00 p.m. (see (Between 5:00 p.m. and 6:00 p.m.) September 11, 2001). [ABC News, 9/15/2002; Daschle and D'Orso, 2003, pp. 116; Hastert, 2004, pp. 10] The decision to send them outside Washington on this day has its roots in a top secret program dating back to the cold war, which serves to ensure the “Continuity of Government” (COG) in the event of an attack on the US (see 1981-1992). [United Press International, 9/11/2001; CNN, 9/11/2002; Mann, 2004, pp. 138-139] Counterterrorism “tsar” Richard Clarke activated the COG plan shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8]

Entity Tags: Richard Gephardt, Harry Reid, David Bonior, Mount Weather, Tom DeLay, Dick Armey, Tom Daschle, Don Nickles, Trent Lott

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

In the months following 9/11, Vice President Dick Cheney spends large portions of his time in what are referred to as “secure and undisclosed” locations. [CNN, 3/1/2002] He is accompanied to these locations by those considered his “essential staff.” This includes his chief of staff, I. Lewis “Scooter” Libby, and Libby’s assistant, Jennifer Mayfield; Cheney’s personal secretary, Debbie Heiden; his personal aide, Brian McCormack; one of his military aides; and either his counsel, David Addington, or his staff secretary, Neil Patel.
Staff Ordered to Maintain Secrecy - Cheney’s personnel are ordered not to mention the vice president’s name or title on the phone; his schedule is to go out only over secure fax or classified e-mail; and all members of his staff must always keep a packed bag ready at the office. According to journalist and author Stephen Hayes, the “secure undisclosed location” the vice president goes to is usually Camp David, the presidential retreat in Maryland, although there are other locations. [Hayes, 2007, pp. 349]
Maintaining the 'Continuity of Government' - Cheney explains to PBS the reasoning behind his going to these locations: “[W]ith the possibility that the White House or the Capitol or other facilities here [in Washington] could be targeted in a terrorist attack… it’s not a good practice for the president and I to spend a lot of time together.… [I]t’s important from the standpoint of our responsibility to maintain the continuity of government to always see to it that nobody—no adversary or enemy would have the capacity of, in effect, decapitating the federal government by taking out the president and the vice president and other senior management, senior leadership.” [PBS, 10/12/2001] Yet, despite the supposed danger, he still goes ahead with a pre-planned pheasant-hunting trip in early November (see (November 4-5, 2001)). Cheney’s time at the “secure and undisclosed” locations is part of “shadow government” procedures that are implemented following the 9/11 attacks (see (2:00 p.m.) September 11, 2001). [CNN, 3/1/2002] In interviews, he never mentions that he had similarly gone away to undisclosed locations on a regular basis throughout the 1980s, during a series of Continuity of Government exercises (see 1981-1992). [Mann, 2004, pp. 138-139 and 296; Atlantic Monthly, 3/2004]

Entity Tags: Neil Patel, Richard (“Dick”) Cheney, Jennifer Mayfield, Debbie Heiden, Lewis (“Scooter”) Libby, Brian McCormack, David S. Addington

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

In an op-ed column for the neoconservative Weekly Standard, writers Thomas Donnelly and Gary Schmitt state that the US’s enemies “want to push the United States out of the Middle East. Our response must be to prevent that.” Donnelly and Schmitt, members of the Project for the New American Century think tank (PNAC—see January 26, 1998 and September 2000), say that such an effort “will require more than a vague, unfocused ‘war on terrorism.‘… Last week’s strikes represent a new and more complex phase of this war. But this is not a new war. This is a ‘theater war’ in the classic sense. Neither [O]sama bin Laden nor Saddam [Hussein] cares much about America’s role in Europe or East Asia. They want us out of their region.”
Reasserting Dominance in Middle East - The US can win this “struggle for power in the Persian Gulf” by “reasserting our role as the region’s dominant power; as the guarantor of regional security; and as the protector of Israel, moderate Arab regimes, and the economic interests of the industrialized world.” Donnelly and Schmitt trace the US’s problems in the region back to the decision not to overthrow Hussein in 1991 (see January 16, 1991 and After). “As Saddam has crawled back from defeat,” they write, “bin Laden has grown increasingly bold. Meanwhile, our regional allies have begun to hedge their bets, not only with the terrorists and Iraq, but with Iran as well.” The US should focus on routing both bin Laden and Hussein from the region, they say. It is unclear if Hussein was involved in the 9/11 attacks, they say, though they assert that Hussein was “implicated in the 1993 World Trade Center bombing (see February 26, 1993 and October 2000).… But as with bin Laden, we have long known that Saddam is our enemy, and that he would strike us as hard as he could. And if we have learned anything at all from [the] past week, it is that adopting a defensive posture risks attacks with unacceptable consequences. The only reasonable course when faced with such foes is to preempt and to strike first.” Overthrowing Hussein “is the key to restoring our regional dominance and preventing our enemies from achieving their war aims.… When Bush administration officials speak of ‘ending’ regimes that participate in the war against America, they must mean Saddam Hussein’s Iraq” (see Before January 20, 2001).
Cowing Other Nations, Restoring 'Global Credibility' - Overthrowing the Iraqi government will also cow Iran, Syria, and other regional threats, the authors say, and “will restore the global credibility tarnished in the Clinton years. Both our friends and our enemies will be watching to see if we pass this test.” Although attacking Afghanistan is not necessary, toppling the Saddam regime will not be difficult in a military sense, and “the larger challenge will be occupying Iraq after the fighting is over.”
Surpluses Will Pay for Effort - The so-called “lockboxes”—Social Security funds and others—previously kept from being spent on other government programs are, the authors write, “yesterday’s news,” but the sharp increases in defense spending that this war effort will require will not be difficult to fund: “given the surpluses that exist, there is no impediment to such increases.” [Weekly Standard, 9/24/2001]

Entity Tags: Thomas Donnelly, Gary Schmitt, Weekly Standard, Project for the New American Century

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Retired Lieutenant General Brent Scowcroft leads a presidential panel which proposes that control of the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency be transferred from the Department of Defense to the head of the CIA, the director of central intelligence (DCI). The plan is favored by the Congressional 9/11 joint inquiry but opposed by Defense Secretary Donald Rumsfeld and Vice President Dick Cheney. For years experts have argued that the US intelligence community’s 13 disparate agencies—“85 percent of whose assets reside in the Defense Department”—should be consolidated under the head of the CIA. [US News and World Report, 8/12/2002; Washington Post, 8/19/2004]
Intelligence Community Still Focused on Cold War Needs, Scowcroft Finds - Scowcroft, the head of the Foreign Intelligence Advisory Board and a close friend and confidant of former President George H. W. Bush, actually revises a report he began before the 9/11 attacks. The report concludes that the US intelligence apparatus had been designed to meet the needs of the Cold War era and should now be overhauled. The 9/11 attacks are evidence of this, Scowcroft believes. The attacks came from rogue Islamist terrorists, not a superpower like China or the old USSR.
Opposition from Rumsfeld, Cheney - But, as Ron Suskind will write in his 2006 book The One Percent Doctrine, Rumsfeld is “strongly opposed” to Scowcroft’s idea, presumably because, by transferring control of the NSA from the Pentagon to the CIA, it would take power away from him. Scowcroft approaches Cheney with the dilemma. Scowcroft is well aware of Cheney and Rumsfeld’s long political partnership, and gives Cheney an easy out. If his proposals are overly “disruptive,” Scowcroft says, “I’ll just fold my tent and go away. I don’t want to… but I’ll be guided by you.” Cheney now has a choice. Knowing this is a battle Scowcroft will not win, he can either call Scowcroft off now and defuse a potential political conflict within the administration, or, in author Craig Unger’s words, he can “send Scowcroft off on a fool’s errand, pitting Bush 41’s close friend, as Suskind noted, against Bush 43’s cabinet secretary [Rumsfeld], who just happened to be Bush 41’s lifelong nemesis (see September 21, 1974 and After). Cheney chose the latter.” Cheney tells Scowcroft to “go ahead, submit the report to the president.” He knows President Bush will listen to Cheney and Rumsfeld’s advice and ignore the report. Unger later notes, “Scowcroft had once been Cheney’s mentor, his patron. Now the vice president was just humoring him.” [Unger, 2007, pp. 225-226]

Entity Tags: National Security Agency, National Reconnaissance Office, Ron Suskind, Richard (“Dick”) Cheney, George W. Bush, National Imagery and Mapping Agency, Issuetsdeah, Central Intelligence Agency, Brent Scowcroft, Craig Unger, Donald Rumsfeld, George Herbert Walker Bush

Timeline Tags: US Military

Gannett News Service discovers that identical letters purporting to be from different US soldiers in Iraq are being published around the country as supposed “letters to the editor.” The Pentagon later admits that it released the letters as part of what it calls its “hometown news release program.” The letters are signed by different soldiers with the 2nd Battalion of the 503rd Airborne Infantry. At least 11 copies of the letter have appeared at a variety of small-town newspapers, including two (with identical copy but different signatures) coming to the Olympia-based Washington Olympian. That newspaper refused to run either letter because it considered them “form letters,” not actual letters from independent sources. But many other newspapers did run the letters. [Gannett News Service, 10/11/2003; Rich, 2006, pp. 107] One of them was the Boston Globe. [Boston Globe, 9/14/2003]
Troops Mobbed by Happy Iraqis, Proud of Accomplishments, Letter Says - The letter, written in five paragraphs, discusses soldiers’ efforts to re-establish police and fire departments, and rebuild water and sewer plants, in Kirkuk. “The quality of life and security for the citizens has been largely restored, and we are a large part of why that has happened,” the letter says. “The fruits of all our soldiers’ efforts are clearly visible in the streets of Kirkuk today. There is very little trash in the streets, many more people in the markets and shops, and children have returned to school. I am proud of the work we are doing here in Iraq and I hope all of your readers are as well.” It goes on to describe crowds of happy Iraqis waving at passing troops, and soldiers being mobbed by children grabbing their hands and thanking the troops in broken English.
Some Willingly Signed, but None Wrote Letter - Six of the soldiers who “signed” the various copies of the letter say they agree with its content, but deny writing it. Some admit to signing it. One, Private Nick Deaconson of Beckley, West Virginia, denies anything to do with the letter through his parents. Deaconson is hospitalized, recovering from shrapnel wounds in both legs. Another, Sergeant Christopher Shelton, who supposedly authored a letter that appeared in the Snohomish Herald, says his platoon sergeant distributed the letter and asked his soldiers for the names of their hometown newspaper. Shelton and others were asked to sign it if they agreed with it. Shelton calls the letter “dead accurate.”
Source Disputed - When the letters are revealed to be fakes, Army spokesman Sergeant Todd Oliver tells a reporter that an individual soldier wrote the letter and asked some of his fellow soldiers to sign it. “Someone, somewhere along the way, took it upon themselves to mail it to the various editors of newspapers across the country,” he says. Sergeant Shawn Grueser says he talked to a military public affairs officer about his unit’s accomplishments for what he thought was a news release to be sent to his hometown paper in Charleston, West Virginia, but says he never saw, much less signed, any letter. The Pentagon later says that “several soldiers” collaborated on the letter. [Gannett News Service, 10/11/2003; CBS News, 10/14/2003; Rich, 2006, pp. 107] Days later, the 2nd Battalion’s commander, Lieutenant Colonel Dominic Caraccilo, says his staff wrote the letter. He says his intent was to get “good news” back to the US more efficiently. He says he gave it to his soldiers and told them they could send copies home if they liked. “We thought it would be a good idea to encapsulate what we as a battalion have accomplished since arriving Iraq and share that pride with people back home,” he says. [BBC, 10/14/2008] The New York Times calls the “orchestrated campaign” of letters “disturbing.” It observes: “[T]he misleading letter… coincides with the Bush administration’s renewed program of defending the war in an ambitious speaking campaign across the nation. With polls registering rising public doubts, the president and his aides are claiming that the news media unfairly play up negative developments and ignore progress in Iraq” (see Mid-October 2003). It concludes, “Fakery is the worst possible way to answer the public’s rising demand for information about the true state of affairs in Iraq.” [New York Times, 10/15/2003]

Entity Tags: Boston Globe, Nick Deaconson, Gannett News Service, Bush administration (43), Dominic Caraccilo, Shawn Grueser, New York Times, The Olympian, Snohomish Herald, US Department of the Army, Christopher Shelton, US Department of Defense, Todd Oliver

Timeline Tags: Domestic Propaganda

The White House launches a media campaign designed to spread the “good news” from Iraq. The campaign has two centerpieces: a squad of Republican congressmen and White House cabinet members (see Mid-October 2003) making brief visits to Iraq and coming back with “good news” to tell. Senator Larry Craig (R-ID) complains, “I was not told by the media in my country that thousands and hundreds of [Iraqi] children went back to school this week.” (Newspapers across the US did indeed report the reopening of Iraqi schools, according to the Associated Press.) The leader of the Congressional delegation, Mitch McConnell (R-KY), directly attacks the media for not reporting “good news” from Iraq: “Journalism schools teach that news means bad news.” One House member, George Nethercutt (R-WA), undercuts the message when he tells reporters the successes are more important than the loss of US soldiers: “The story of what we’ve done in the postwar period is remarkable. It is a better and more important story than losing a couple of soldiers every day.” The stories from the Congressional members are further undermined when the media reports that while they might have spent their days in Basra or Baghdad, they spent their nights in the safety of Kuwait. The second focus is on President Bush, who flies around the US giving interviews to carefully selected anchors and reporters from regional TV news providers such as Tribune Broadcasting, Belo, and Hearst-Argyle. These “heartland” news providers will presumably provide softer interviews than the Washington press corps. Bush’s main message is how much “good progress” is being made in Iraq. [Associated Press, 10/17/2003; Rich, 2006, pp. 104-105]

Entity Tags: Hearst-Argyle, Belo, Associated Press, Bush administration (43), George W. Bush, Larry Craig, Mitch McConnell, Tribune Broadcasting, George Nethercutt

Timeline Tags: Domestic Propaganda

A poster promoting ‘Hillary: The Movie.’A poster promoting ‘Hillary: The Movie.’ [Source: New York Times]The conservative lobbying group Citizens United (CU—see May 1998 and (May 11, 2004)) releases a film entitled Hillary: The Movie. The film is a lengthy diatribe attacking the character and career of Senator Hillary Clinton (D-NY), a leading candidate for the Democratic presidential nomination. Large portions of the film are comprised of conservative critics launching attacks against the personalities and character of Clinton and her husband, former President Clinton. CU president David Bossie (see May 1998) says he based his film on a documentary, Fahrenheit 9/11, released in 2004 by liberal filmmaker Michael Moore (see August 6, 2004), and calls it “a rigorously researched critical biography” comparable to the material presented on political talk shows such as Meet the Press. [Washington Post, 3/15/2009; Moneyocracy, 2/2012] Bossie intended for the film to be released in late 2007 and impact the 2008 race in the same way that he believes Fahrenheit 9/11 impacted the 2004 race. A cable company made the film, at a cost of $1.2 million, available for free to viewers on “video on demand.” Bossie also scheduled a small theater run for the film, but his primary focus was always cable television and the accompanying television advertisements. Knowing the film will probably run afoul of campaign law, he hired lawyers, first James Bopp Jr. (a former member of the far-right Young Americans for Freedom—YAF—and the former general counsel for the National Right to Life Committee—see November 1980 and After) [New Yorker, 5/21/2012] and later Theodore B. Olson, the former solicitor general under the Bush administration. Olson will later say the film is “a critical biographical assessment” that provides “historical information about the candidate and, perhaps, some measure of entertainment as well.” The New York Times calls it “a scathingly hostile look at Mrs. Clinton” replete with “ripe voice-overs, shadowy re-enactments, and spooky mood music.” The film also contains interviews and material from mainstream media reporters, and interviews with figures such as former CIA agent Gary Aldrich, who wrote a “tell-all” book about the Clinton administration, and with Kathleen Willey, who has claimed that Bill Clinton once made an unwelcome sexual advance towards her. Reviewer Megan Carpentier of Radar Online will trounce the movie, saying that it “scrolls through more than a decade of press clippings and a treasure trove of unflattering pictures in its one-sided romp” and will advise potential viewers to watch it “while inebriated in the manner of your choosing, and only if you don’t pay $10 for the privilege.” [New York Times, 3/5/2009] Bossie claims the movie has nothing to do with the impending primary elections. CU intends to show the movie in a small number of theaters but primarily on “video on demand” cable broadcasts, with accompanying television advertisements. In return for a $1.2 million fee, a cable television consortium has agreed to make the movie freely available to its customers as part of what CU calls its “Election ‘08” series. (CU has another negative documentary on Clinton’s Democratic challenger Barack Obama in the works—see October 28-30, 2008—but apparently has no plans to air any documentaries on Republican candidate John McCain or any other Republican presidential candidates.) However, the Federal Election Commission (FEC) refuses to allow the film to be aired on cable channels, or advertised for theater release, because the FEC considers the film “electioneering” and thus subject to campaign finance law (see March 27, 2002) restrictions. Moreover, the film and its planned distribution are funded by corporate donations. [United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012] Bossie claims the film takes no position on Clinton’s candidacy, and says that if he had to vote between Hillary Clinton and Barack Obama, he would vote for Clinton. [New York Times, 3/5/2009]
Court Fight - Bopp, CU’s original lawyer, decides to pursue the same general aggressive course that he took in a recent successful Supreme Court campaign finance case, the Wisconsin Right to Life (WRTL) decision (see Mid-2004 and After). The Hillary film was envisioned from the outset to serve multiple purposes: to advance conservative ideology, damage Clinton’s presidential chances (despite Bossie’s claims), and generate profits. Bopp knows that the FEC would likely classify the film as a political advertisement and not a work of journalism or entertainment (see August 6, 2004), and therefore would fall under campaign law restrictions. Before the film is officially released, Bopp takes the film to the FEC for a ruling, and when the FEC, as expected, rules the film to be “electioneering communication” that comes under campaign law restrictions, Bopp files a lawsuit with the Washington, DC, federal district court. The court rules in favor of the FEC judgment, denying CU its request for a preliminary injunction against the FEC’s ruling. The court specifically finds that the WRTL decision does not apply in this case. “[I]f the speech cannot be interpreted as anything other than an appeal to vote for or against a candidate, it will not be considered genuine issue speech even if it does not expressly advocate the candidate’s election or defeat,” the court states. The court also questions CU’s statement that the film “does not focus on legislative issues.… The movie references the election and Senator Clinton’s candidacy, and it takes a position on her character, qualifications, and fitness for office.” Film commentator Dick Morris has said of the film that it will “give people the flavor and an understanding of why she should not be president.” The court rules, “The movie is susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” (During arguments, Bopp says that the film is much like what a viewer would see on CBS’s evening news show 60 Minutes, and Judge Royce Lamberth laughs aloud, saying: “You can’t compare this to 60 Minutes. Did you read this transcript?” Other judges find it problematic that one of the film’s central “issues” is its assertion that Clinton is, in Bopp’s words, “a European socialist,” but still claims not to be overtly partisan.) [Mother Jones, 1/13/2008; United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Supreme Court Appeal - CU appeals the court’s decision directly to the Supreme Court. Bossie soon decides to replace Bopp with Olson, a far more prominent figure in conservative legal circles. Toobin will write: “Ted Olson had argued and won Bush v. Gore (see 9:54 p.m. December 12, 2000), and was rewarded by President Bush with an appointment as solicitor general. Olson had argued before the Supreme Court dozens of times, and he had a great deal of credibility with the justices. He knew how to win.” [Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Previous Attempt - In September 2004, Bossie and CU attempted, without success, to release a similar “documentary” supporting President Bush and attacking Democratic presidential candidate John Kerry (D-MA) on television, just weeks before the presidential election. The FEC turned down the group’s request. The FEC did allow the film to be shown in theaters (see September 8, 2004 and September 27-30, 2004).
'Ten-Year Plan' - Bopp will later reveal that the lawsuit is part of what he will call a “10-year plan” to push the boundaries of campaign finance law, and that he urged Bossie and other CU officials to use the documentary as a “test case” for overturning the body of law (see January 25, 2010).

Entity Tags: William Jefferson (“Bill”) Clinton, Kathleen Willey, Megan Carpentier, Theodore (“Ted”) Olson, New York Times, Michael Moore, John McCain, Royce Lamberth, James Bopp, Jr, Dick Morris, Gary Aldrich, Barack Obama, Bush administration (43), Hillary Clinton, Citizens United, David Bossie, Federal Election Commission, Clinton administration

Timeline Tags: Civil Liberties, 2008 Elections

The campaign of US Senate candidate Norm Coleman (R-MN) says that Minnesota’s Secretary of State, Mark Ritchie (D-MN), has displayed partisan behavior on behalf of challenger Al Franken (D-MN) by announcing that his office would consider counting some absentee ballots that were not counted during the initial vote tallies. Approximately 1,000 absentee ballots were not counted in the initial tallies, and Franken’s legal team contends that most of them were wrongly rejected by election judges. The initial election results triggered a recount (see November 6, 2008); Coleman has already implied that efforts are underway to manipulate the vote in favor of Franken (see November 10, 2008), implications previously made by the National Republican Senatorial Committee (see November 11, 2008 and November 12, 2008). Coleman’s lead campaign lawyer Fritz Knaak says that the Franken campaign is engaging in “Florida-like tactics” in the absentee ballot issue (see 9:54 p.m. December 12, 2000). For its part, the Franken campaign is accusing the Coleman campaign of resorting to “baseless charges and innuendo.” Franken’s campaign is attempting to ascertain the names of the voters whose absentee ballots were rejected, with an eye to having them reconsidered. Studies have shown that rejected ballots tend to favor Democrats, leading elections expert Larry Jacobs to observe, “With the voter who tends to pull the lever for Democrats, there’s a little less dexterity.” One voter whose absentee ballot was rejected, Mark Jeranek, says his vote was set aside because he did not sign the envelope into which he placed his ballot. Jeranek voted for Franken, and has received an affidavit from the Franken campaign, which he is considering signing. “I don’t want to be a cause for revolution, but at the same time I want my vote to count,” he says. “It’s kind of neat—at least for a senatorial race—that it really does come down to every individual vote.” [Time, 11/17/2008; Weiner, 2010, pp. xviii]

Entity Tags: Mark Jeranek, Al Franken, Fritz Knaak, Mark Ritchie, Larry Jacobs, Norm Coleman, National Republican Senatorial Committee

Timeline Tags: Civil Liberties, 2008 Elections

The recount process to determine the winner of the US Senate race in Minnesota begins. Incumbent Senator Norm Coleman (R-MN) has a narrow lead over challenger Al Franken (D-MN), who requested the recount as permitted in Minnesota law when the results of a race are so close. The state Canvassing Board met on November 18 to certify the unofficial results, thus allowing the recounts to begin at almost 100 county and city election offices throughout the state. The procedure entails an appointed recount auditor examining each ballot by hand to determine the voter’s intent, monitored by representatives from each candidate’s campaign. Auditors will sort each ballot into the appropriate stacks. According to the 2008 Recount Guide issued by Minnesota Secretary of State Mark Ritchie, “a ballot or vote must not be rejected for a technicality if it is possible to decide what the voter intended, even though the voter may have made a mistake or the ballot is damaged.” Ballots that are in dispute will be sent to the five-member Canvassing Board, which includes Ritchie, two state Supreme Court justices, and two Ramsey County district court judges, who will make final decisions as to the validity of disputed ballots. KARE-TV has reported that as many as 6,000 ballots may have been missed by the optical-scan machines because of improper markings. Ramsey County elections head Joe Mansky says that around 2 percent of ballots are mismarked in each election. If the intention of the voter is clear, he says, those votes will be counted. Law professor David Schultz says the process reminds the observer of the election debacle in Florida during the 2000 presidential election (see 9:54 p.m. December 12, 2000), and notes that Minnesota has a long tradition of not penalizing voters for failing to fill out ballots properly if their intent can be determined. [Minneapolis Star-Tribune, 11/6/2008] The Canvassing Board says it will not make a decision just yet on whether to count disputed absentee ballots. Minnesota Supreme Court Justice G. Barry Anderson, one of the five members of the board, says of the decision to table the absentee ballot issue: “I reference particularly the blizzard of paperwork that we have seen and whether or not there might be some additional time necessary to consider all of it. Is there anything about an additional period of time that will impact the rights of the parties to make election challenges or take other steps under the law?” Franken wants the absentee ballots in dispute to be counted; Franken’s lawyer David Lillehaug tells the board: “These people are real people who did everything right. They wanted to participate in our democracy. They wanted to vote and have their vote counted. Can’t we all agree that they shouldn’t have to start a lawsuit, or have somebody else start a lawsuit before their votes are counted?” Coleman’s attorney Fritz Knaak calls Lillehaug’s arguments “bothersome,” and says the board should not consider and count rejected absentee ballots. [Minnesota Public Radio, 11/18/2008]

Entity Tags: Joe Mansky, David Lillehaug, Al Franken, David Schultz, G. Barry Anderson, Mark Ritchie, Minnesota State Canvassing Board, Fritz Knaak, Norm Coleman

Timeline Tags: Civil Liberties

The New York Times calls today’s ruling in the Citizens United case (see January 21, 2010) “disastrous,” saying that “the Supreme Court has thrust politics back to the robber-baron era of the 19th century.” The Court has used the excuse of the First Amendment (see January 21, 2010) to “pave… the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding.” The Times recommends that Congress should “act immediately to limit the damage of this radical decision, which strikes at the heart of democracy.” In essence, the Times writes, lobbyists for corporate, labor, and special interests now have the power to sway elections in the directions they prefer. And the ruling gives those same interests the power to intimidate and even coerce candidates. “If a member of Congress tries to stand up to a wealthy special interest,” the Times writes, “its lobbyists can credibly threaten: We’ll spend whatever it takes to defeat you.” The Times notes that since the inception of the nation, its founders have “warned about the dangers of corporate influence. The Constitution they wrote mentions many things and assigns them rights and protections—the people, militias, the press, religions. But it does not mention corporations.” Corporate money has been banned from elections since 1907 (see 1907), and that ban has been in place, in one form or another (see June 25, 1910, 1925, 1935, 1940, June 25, 1943, June 23, 1947, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003), until today. The Times accuses the Court of “overreach[ing],” using “a case involving a narrower, technical question involving the broadcast of a movie that attacked Hillary Clinton during the 2008 campaign (see January 10-16, 2008). The Court elevated that case to a forum for striking down the entire ban on corporate spending and then rushed the process of hearing the case at breakneck speed. It gave lawyers a month to prepare briefs on an issue of enormous complexity (see June 29, 2009), and it scheduled arguments during its vacation” (see September 9, 2009). The Times says the ruling is “deeply wrong on the law,” particularly in declaring corporations as equivalent to people, with the same First Amendment rights. “It is an odd claim since companies are creations of the state that exist to make money. They are given special privileges, including different tax rates, to do just that. It was a fundamental misreading of the Constitution to say that these artificial legal constructs have the same right to spend money on politics as ordinary Americans have to speak out in support of a candidate.” And the Times derides the statement in the Court’s majority opinion that says independent corporate expenditures “do not give rise to corruption or the appearance of corruption,” citing Senator John McCain (R-AZ)‘s characterization of the Court’s reasoning as being plagued by “extreme naivete.” The Citizens United case is, the Times writes, “likely to be viewed as a shameful bookend to Bush v. Gore (see 9:54 p.m. December 12, 2000). With one 5-to-4 decision, the Court’s conservative majority stopped valid votes from being counted to ensure the election of a conservative president. Now a similar conservative majority has distorted the political system to ensure that Republican candidates will be at an enormous advantage in future elections.” The only two ways to rectify the situation, the Times concludes, are to overturn the ruling via Congressional legislation and have a future Court—with a different makeup—overturn the decision itself. [New York Times, 1/21/2010]

Entity Tags: John McCain, Hillary Clinton, US Congress, New York Times, US Supreme Court

Timeline Tags: Civil Liberties

The media reports that Virginia “Ginni” Thomas, a former Republican campaign operative and the former head of a tea party organization, has become the head of a lobbying and political consulting firm, Liberty Consulting. The firm boasts that Thomas’s “experience and connections” will assist clients with “governmental affairs efforts” and political donation strategies. Critics say Thomas is in the midst of an enormous conflict of interest, because her husband, Clarence Thomas, is a Supreme Court justice. She left the tea party group in November 2009 because of questions that her leadership of the group, Liberty Central, which actively worked to defeat Democrats, was not appropriate for the wife of a sitting Court justice. Thomas has met with almost half of the 99 Republican freshmen in the House and Senate, according to an email she sent out to congressional chiefs of staff last week in which she called herself “a self-appointed ambassador to the freshmen class and an ambassador to the tea party movement.” Ann Pearson of the government watchdog organization Common Cause says that Thomas’s position at a lobbying and consulting firm “show[s] a new level of arrogance of just not caring that the Court is being politicized and how that undermines the historic image of the Supreme Court as being above the political fray.… It raises additional questions about whether Justice Thomas can be unbiased and appear to be unbiased in cases dealing with the repeal of the health care reform law or corporate political spending when his wife is working to elect members of the tea party and also advocating for their policies.” Some Republican lawmakers are uncomfortable with Thomas’s new position, with one senior House Republican aide criticizing Thomas for attempting to “cash in” on her ties to the tea party movement. Republican House freshman David Schweikert (R-AZ), who won his election in part because of support from tea party groups and was endorsed by Liberty Central, says he has not met Thomas and knows nothing of her background. “This is the spouse of Justice Thomas?” he says when asked about the situation by a reporter. “No, I’ve never met her. It’s not something I’ve heard about. And I hang out with a lot of freshman.” So far, only one Republican freshman will publicly admit to scheduling a meeting with Thomas. Thomas used to be an aide to former House Majority Leader Dick Armey (R-TX), who until recently headed the tea party financing organization FreedomWorks (see August 14, 2009). She has also worked as a staffer at the US Chamber of Commerce, a trade organization that contributes heavily to Republican causes (see January 21-22, 2010), and at the conservative Heritage Foundation. In 2009 she founded Liberty Central, which she described as a group that would bridge the gap between the conservative Republican establishment and the anti-government tea party movement. She eventually stepped down after questions were raised about her position’s impact on her husband’s appearance of impartiality, and the group was merged into another tea party organization (see November 2009 - November 2010). She filed incorporation papers for Liberty Consulting within a day of news reports about her departure from Liberty Central. She has told conservative news source Daily Caller that she intends to continue working for the group that bought Liberty Central, the Patrick Henry Center for Individual Liberty, and will “help them in any way I can think of, whether it’s lobbying on the Hill or connecting with the grass roots, or helping speak or write or fundraise.” However, lobbying records show no registration for Thomas, Liberty Consulting, Liberty Central, or the Patrick Henry Center. Liberty Central general counsel Sarah Field refuses to answer questions about whether Thomas is being paid through Liberty Consulting as a consultant. A source familiar with the Thomases and with Capitol Hill Republicans says her sojourn from Liberty Central to Liberty Consulting has damaged her reputation among some conservatives. “Ginni’s reputation around town is now even more of a fake entitled woman who is only here because of her husband,” the source tells a reporter. “Now she has opened her own lobbying shop… not sure how [the] conservative circle will feel when they find that out, or if they’ll care or not.” [Politico, 2/4/2011]
Previous Conflicts of Interest - Virginia Thomas has weathered criticisms of conflict of interest before. In late 2000, as a Heritage Foundation staffer, she was helping select key members for the Bush administration even as her husband was engaged in deliberating the Bush v. Gore Court decision that installed George W. Bush as president (see 9:54 p.m. December 12, 2000). At the time she waved off criticisms, saying that she and her husband conducted “separate professional lives.” [Los Angeles Times, 3/14/2010]
'Cloud of Corruption' Surrounding Justice Thomas? - Legal analyst Ian Millhiser of the liberal news Web site Think Progress is far more blunt in his assessment than some more cautious critics, writing: “Now, Ginni Thomas appears to have found a way to earn money off her husband’s actions as a justice. Clarence Thomas released countless amounts of corporate spending on US elections [by voting with the majority in Citizens United], and Ginni Thomas can get rich advising those corporate clients on how to direct that spending. To be sure, it is possible that Ginni is somehow limiting her advice to ‘political investments’ that were legal before Clarence gave businesses like hers so many new potential customers. But if this is the case, Ginni has an obligation to explain just how she is limiting her advice—it’s the only way to remove the obvious cloud of corruption her actions have created around her husband.” [Think Progress, 2/4/2011]

Entity Tags: Heritage Foundation, David Schweikert, Clarence Thomas, Ann Pearson, Dick Armey, George W. Bush, Sarah E. Field, FreedomWorks, Patrick Henry Center for Individual Liberty, Virginia (“Ginni”) Thomas, Liberty Consulting, Ian Millhiser, Liberty Central, US Chamber of Commerce

Timeline Tags: Civil Liberties

Rolling Stone reporter Ari Berman writes that Republican lawmakers across the nation have launched “an unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that helped elect Barack Obama in 2008. Just as Dixiecrats once used poll taxes and literacy tests to bar black Southerners from voting, a new crop of GOP governors and state legislators has passed a series of seemingly disconnected measures that could prevent millions of students, minorities, immigrants, ex-convicts and the elderly from casting ballots.” The initiative is ostensibly to counter the “epidemic” of “voter fraud” that Republicans insist is not only plaguing the nation, but affecting the outcome of elections. (In 2007, the Brennan Center released a report that found the instance of voter fraud vanishingly small, and concluded that more people die by lightning strikes than commit voter fraud—see 2007). Judith Browne-Dianis of the Advancement Project tells Berman, “What has happened this year is the most significant setback to voting rights in this country in a century.” As far back as 1980, powerful Republican operative Paul Weyrich told evangelical leaders: “I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” In 2010, the American Legislative Exchange Council (ALEC), a group founded by Weyrich and funded in part by the billionaire Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011), began working to disenfranchise hundreds of thousands, perhaps millions, of legitimate voters, almost of all identified as being part of ethnic or gender groups that are more likely to vote Democratic. Thirty-eight states have submitted legislation designed to impede voting “at almost every step of the electoral process.”
Requiring Proof of Citizenship - Kansas and Alabama now require would-be voters to show proof of US citizenship before being allowed to vote.
Impeding Voter Registration - Florida and Texas have passed legislation making it more difficult for groups like the League of Women Voters, an organization widely considered to lean Democratic, to register new voters. Maine repealed same-day registration, which had been in effect since 1973 and had worked to significantly increase voter participation. The Florida legislature passed a law requiring groups to hand in voter registration forms within 48 hours of collection, and imposed what Berman calls “a barrage of onerous, bureaucratic requirements” and serious criminal penalties for those who fail to comply. As a result, many people who once volunteered to help register voters are afraid to do so again. The League of Women Voters says it will no longer operate in Florida, and called Florida’s efforts “good old-fashioned voter suppression.” The Florida statute took effect one day after its passage, under an emergency statute designed for “an immediate danger to the public health, safety or welfare.” Since 2009, Florida has arrested a total of three people for suspected voter fraud. Republican state senator Mike Fasano, one of the few in his party to oppose the restrictions on registrations, says, “No one could give me an example of all this fraud they speak about.”
Curbing Early Voting - Florida, Georgia, Ohio, Tennessee, and West Virginia have cut short early-voting periods. Six states have moved to impose new restrictions on voter registration drives. In 2004, then-Florida governor Jeb Bush (R-FL) said he thought early voting was “great.… It’s another reform we added that has helped provide access to the polls and provide a convenience. And we’re going to have a high voter turnout here, and I think that’s wonderful.” However, his successor Rick Scott (R-FL) does not agree, and neither do most Republicans. After analysis showed what a benefit early voting was for Obama’s numbers, early voting became a key target. Florida has cut early voting days from 14 to 8 days. Ohio, where early voting numbers gave Obama a narrow victory in 2008, has cut its early voting days from 35 to 11, with only limited hours on weekends. Both states have banned voting on the Sunday before elections, when many black churches historically mobilize their constituents. The Early Voting Information Center at Reed College states, “There is no evidence that any form of convenience voting has led to higher levels of fraud.”
Denying Convicted Felons the Right to Vote - Florida and Iowa have passed laws denying convicted felons the right to vote, disenfranchising thousands of previously eligible voters even if they have already served their sentences and have returned to society. Former Florida Governor Charlie Crist (R-FL) restored the voting rights of 154,000 felons convicted of non-violent crimes. In March 2011, after 30 minutes of public debate, Governor Scott overturned that decision, instantly disenfranchising almost 98,000 citizens and prohibiting another 1.1 million convicts from being allowed to vote after they are released from prison. Former President Bill Clinton asked in July: “Why should we disenfranchise people forever once they’ve paid their price? Because most of them in Florida were African-Americans and Hispanics and would tend to vote for Democrats—that’s why.” Iowa Governor Terry Branstad (R-IA) recently took a similar action, overturning his predecessor’s decision to restore voting rights to some 100,000 ex-felons. Until recent years, Iowa saw up to five percent of its residents ineligible to vote, including 33 percent of its African-American residents. Florida, Iowa, Kentucky, and Virginia require former felons to apply for the right to vote to be restored.
Voter Identification - Six states—Alabama, Kansas, South Carolina, Tennessee, Texas, and Wisconsin, all controlled by Republican governors and legislatures—have passed laws requiring an official government ID to cast a ballot. Berman notes that some 10 percent of US citizens lack such identification, and the number of young and black voters, groups that traditionally lean Democratic, are much higher. The turn towards voter ID requirements began in 2008, when the US Supreme Court upheld an Indiana photo-ID requirement even though state lawyers could not produce a single instance of the kind of voter fraud that photo ID laws are designed to prevent. After the ruling, ALEC orchestrated a nationwide move towards photo ID requirements. ALEC wrote draft legislation for Republican legislators based on Indiana’s ID requirement. Five of the states that passed those laws had their legislation submitted by legislators who belong to ALEC. Heather Smith, president of the voter-registration group Rock the Vote, says: “We’re seeing the same legislation being proposed state by state by state. And they’re not being shy in any of these places about clearly and blatantly targeting specific demographic groups, including students.” In Texas, the Republican-dominated legislature passed “emergency” legislation that was signed into law by Governor Rick Perry saying that a concealed-weapons permit is acceptable ID, but a college ID is not. Republicans in Wisconsin effectively disenfranchised every college student by requiring that acceptable IDs contain information that no colleges put on their IDs. Dane County board supervisor Analiese Eicher says, “It’s like creating a second class of citizens in terms of who gets to vote.” In Wisconsin, for example, about half of African- and Hispanic-American citizens do not have a driver’s license, and the state has an extremely small number of Department of Motor Vehicles (DMV) offices—some of which are only open one day a month. Governor Scott Walker (R-WI) attempted to close 16 DMV offices, all in heavily Democratic-voting areas. Berman notes, “Walker planned to close a DMV in Fort Atkinson, a liberal stronghold, while opening a new office 30 minutes away in the conservative district of Watertown.” Democratic governors in five states—Minnesota, Missouri, Montana, New Hampshire, and North Carolina—have all vetoed ID laws. Voters in Mississippi and Montana are considering ballot initiatives requiring voter IDs. Legislation is currently pending in Pennsylvania. Perhaps the most restrictive law was signed into effect by South Carolina Governor Nikki Haley (R-SC). Voters must have a free state ID to vote—but they must pay for a passport or birth certificate. Brown-Dianis says, “It’s the stepsister of the poll tax.” Many elderly black residents who were born at home in the segregated South and were never issued birth certificates can no longer vote unless they go to family court to prove their identity.
Significant Impact on 2012 Voting - Berman writes that when these measures are taken in the aggregate, the turnout of Democrats to the 2012 votes will be significantly smaller, perhaps enough to throw races to Republican candidates. In July, Clinton told a group of student activists: “One of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. Why is all of this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.” Clinton was referring to the 2010 elections, widely considered a Republican “wave” election in part because of far smaller turnouts among young and minority voters than in 2008, and because of a large number of “tea party” voters. Clinton added, “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.”
Cracking Down on Voter Fraud? - Republicans insist that voter fraud is rampant in America. Since George W. Bush took office in 2001 after losing the popular vote (see 9:54 p.m. December 12, 2000), his administration made “voter fraud” a top priority for Justice Department prosecutors. In 2006, the DOJ fired two US Attorneys who refused to prosecute patently fraudulent voter fraud allegations. Bush advisor Karl Rove called voter fraud “an enormous and growing problem.” He told the Republican National Lawyers Association that America is “beginning to look like we have elections like those run in countries where the guys in charge are colonels in mirrored sunglasses.” The Republicans successfully destroyed the community activism group ACORN (Association of Community Organizations for Reform Now) after false allegations were made that it was, as Berman writes, “actively recruiting armies of fake voters to misrepresent themselves at the polls and cast illegal ballots for the Democrats.” A massive DOJ probe in 2006 and 2007 failed to prosecute a single person for intentionally impersonating another person at the polls, an action that the DOJ claimed was at the heart of the voter fraud investigation. Eighty-six cases of voter fraud did win convictions, but most of those were immigrants and former felons who did not intentionally cast illegal votes. An enormous investigation in Wisconsin resulted in 0.0007 percent of the electorate being prosecuted for voter fraud. And the Brennan Center report found the instance of voter fraud in America extraordinarily small (see 2007).
Voter Fraud Allegations Dog Obama Victory - Republican lawmakers and activists made a raft of allegations after the November 2008 elections that placed the White House in the hands of Barack Obama (D-IL). The 29 states that register voter affiliation showed a roughly 2-1 increase in new Democratic voters over Republicans for 2008, and Obama won almost 70 percent of those votes. Election reform expert Tova Wang says flatly, “This latest flood of attacks on voting rights is a direct shot at the communities that came out in historic numbers for the first time in 2008 and put Obama over the top.” Berman cites Kansas Secretary of State Kris Kobach as emblematic of the Republican pushback against the Obama victory. Kobach is a former Bush-era Justice Department advisor who helped push through his state’s requirement that every voter prove his or her citizenship, ignoring the fact that Kansas has prosecuted exactly one case of voter fraud since 2006. Kobach used fear of illegal immigrants to help push his requirement through, stating without evidence, “In Kansas, the illegal registration of alien voters has become pervasive.” He also stated that many people were casting ballots in the name of dead voters, and cited the example of Alfred K. Brewer as a dead voter who mysteriously voted in 2008. However, as the Wichita Eagle showed, Brewer is very much alive. “I don’t think this is heaven,” Brewer told the Eagle, “[n]ot when I’m raking leaves.” Representative John Lewis (D-AL), a civil rights crusader who was brutally beaten during the 1960s effort to win voting rights for African-Americans, says bluntly, “Voting rights are under attack in America.” On the House floor in July, Lewis told the assemblage, “There’s a deliberate and systematic attempt to prevent millions of elderly voters, young voters, students, minority and low-income voters from exercising their constitutional right to engage in the democratic process.”
Fighting Voter Disenfranchisement - Voting-rights organizations are fighting back as best they can. The American Civil Liberties Union (ACLU) is challenging several of the new voter-restriction laws in court. Congressional Democrats are pushing the Department of Justice to block or weaken laws that impede minority voters from exercising their rights. Lewis says, “The Justice Department should be much more aggressive in areas covered by the Voting Rights Act.” Meanwhile, many voting-rights experts predict chaos at the polls in November 2012, as voters react with confusion, frustration, and anger at being barred from voting. “Our democracy is supposed to be a government by, of, and for the people,” says Browne-Dianis. “It doesn’t matter how much money you have, what race you are, or where you live in the country—we all get to have the same amount of power by going into the voting booth on Election Day. But those who passed these laws believe that only some people should participate. The restrictions undermine democracy by cutting off the voices of the people.” [Rolling Stone, 8/30/2011]

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