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Attorneys for the Gore presidential campaign file an emergency motion in Leon County state court challenging the certification of the results of that county’s Florida presidential election. [Leip, 2008]
Lawyers for the Bush presidential campaign (see After 3:30 a.m. November 8, 2000) submit written arguments to the US Federal Appeals Court in Atlanta demanding that Florida immediately halt all recounts (see 8:00 a.m. November 15, 2000 and 12:00 p.m., November 15, 2000), calling manual recounts “unconstitutional.” Three Florida counties are still engaged in manual recounts (see November 14, 2000, 3:40 p.m. November 15, 2000, and 4:30 p.m. November 14, 2000). Democrats file papers with the same court opposing the Republican motion. [US News and World Report, 12/13/2000; Leip, 2008]
Lawyers for the Gore presidential campaign ask Judge Terry Lewis (see Afternoon, November 14, 2000) to require Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) to include recount ballot tallies made after her November 14 deadline (see 9:14 p.m., November 15, 2000). Gore lawyer Dexter Douglas tells Lewis: “She says, ‘You can only have a hand count in case of mechanical failure or hurricane.’ And the attorney general said that’s a bunch of bunk” (see 9:00 a.m. November 13, 2000). [US News and World Report, 12/13/2000] The next day, Lewis will rule that Harris has the power to ignore late-filed returns (see 10:04 a.m. - 12:45 p.m. November 17, 2000).
The Florida Supreme Court rules that Palm Beach and Broward Counties can proceed with a manual recount of ballots (see 4:30 p.m. November 14, 2000, 3:40 p.m. November 15, 2000, and Early Morning, November 16, 2000). Almost immediately, Palm Beach officials announce that they will begin that recount. The Court rules that a state judge must decide if the recount totals must be accepted. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Florida Democrats sue the Seminole County Canvassing Board in state court for including absentee ballots in the vote totals that they say did not satisfy the provisions of 101.62 of the Florida Election Code (see November 15-17, 2000). These provisions require that a citizen requesting an absentee ballot provide the elector’s registration number on their application. [Leip, 2008] The Seminole County elections supervisor allowed Republican Party workers to correct thousands of Republican ballots to allow them to be counted (see November 12, 2000).
Apparently emboldened by a judge’s halt to Florida declaring a winner in its presidential race (see 5:00 p.m. November 17, 2000), Miami-Dade County election officials vote to conduct a full manual recount of their county’s presidential ballots. [Leip, 2008] Initial figures in the recount show a significant number of “undervotes” going to Democrat Al Gore (see November 7, 2000). In response, Republican lawyers attempt to challenge vote after vote that is tallied to Gore, with corresponding counter-challenges from Democratic lawyers. Kendall Coffey, a Gore campaign lawyer, later recalls that as the Gore totals begin to accumulate, “panic buttons were being pushed” among the Republicans. Days later, a mob of Republican activists will descend on the Miami-Dade election board and force the shutdown of the recounts (see 9:00 a.m. and after, November 22, 2000). [Vanity Fair, 10/2004]
The deadline of midnight November 17 for Florida to count and tally all overseas absentee ballots, under Florida Administrative Code, Chapter 1S-2.013, arrives. [Leip, 2008] A US News and World Report article indicates that the deadline is noon November 18, not midnight of November 17, though this indication is erroneous. Absentee ballots continue to trickle in and be counted throughout the day and into the evening. [US News and World Report, 12/13/2000; Authentic History, 7/31/2011] Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), issues an opinion—in conflict with Florida state law—saying that absentee ballots can be counted even if received by mail up to 10 days after November 17 as long as they were sent from outside the country and postmarked by Election Day. Rumors of large numbers of military absentee ballots, presumably favoring George W. Bush in number, and a large number of ballots from American Jews in Israel, presumably favoring Al Gore, have swirled for days among the media and in both campaigns. A 2004 article by Vanity Fair will speculate that Mac Stipanovich, Harris’s “handler” from the Bush campaign, made the decision to have Harris issue her opinion after deciding that the likelihood of Bush gaining votes from the military absentee ballots was higher than the speculative Gore bounce from the perhaps-mythical flurry of votes from Israel. [Vanity Fair, 10/2004] Bush gains 123 votes from the absentee ballots (see November 15-17, 2000).
Leon County Judge Terry Lewis rules that Florida law gives Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), “broad discretionary authority to accept or reject late-filed returns,” referring to recounts submitted after Harris’s November 14 deadline (see 9:14 p.m., November 15, 2000). After Lewis issues his ruling, Harris issues a statement hinting she is poised to certify the election when the absentee ballots are in by noon on November 18 (see November 18, 2000). An hour after the ruling, James Baker, representing the Bush campaign team, says George W. Bush and his running mate Dick Cheney “are understandably pleased” with Lewis’s finding. “The rule of law has prevailed,” he says. Gore campaign lawyer Warren Christopher warns against premature “partying” by Republicans, and says the campaign is taking Lewis’s ruling to the Florida Supreme Court. This afternoon, the Florida Supreme Court puts a hold on Lewis’s decision, citing a pending appeal by the Gore campaign (see 5:00 p.m. November 17, 2000). [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
The Florida Supreme Court bars Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), from rejecting all post-deadline recount tallies (see 9:14 p.m., November 15, 2000) as well as certifying George W. Bush (R-TX) as the state’s presidential winner “until further order of this court” (see 10:04 a.m. - 12:45 p.m. November 17, 2000). It sets a hearing for Monday, November 20 to hear arguments on the recount dispute. The Court says flatly, “it is NOT the intent of this order to stop the counting.” [Supreme Court of Florida, 11/17/2000 ; US News and World Report, 12/13/2000; Leip, 2008] Harris is prepared to certify Bush as the winner (see Evening, November 14, 2000), which would give him the electoral votes needed to grant him the presidency (see November 9, 2000). With that no longer a possibility, James Baker, the leader of the Bush “quick response” campaign recount team (see Mid-Morning, November 8, 2000), issues a public threat: the incoming Florida speaker of the House, Republican Tom Feeney, will, if necessary, take matters into his own hands and vote in an independent slate of “electors” who would journey to Washington and vote for Bush in the US Electoral College. Because both houses of the Florida legislature are dominated by Republicans, Feeney could pass just such a bill authorizing that procedure. [Vanity Fair, 10/2004] Bush and his campaign officials harshly denounce the Court’s ruling. Bush accuses the Court of using “the bench to change Florida’s election laws and usurp the authority of Florida’s election officials,” and states that “writing laws is the duty of the legislature; administering laws is the duty of the executive branch.” However, the liberal news Web site Consortium News notes that Bush seems unaware of the duty of the judicial branch, “a fact taught to every American child in grade-school civics class—that it is the duty of the judiciary to interpret the laws. It is also the responsibility of the courts to resolve differences between parties under the law.” [Consortium News, 11/23/2000]
Florida’s presidential vote tallies are adjusted, in line with state law, to reflect absentee ballots (see 12:00 a.m., November 17, 2000 and November 15-17, 2000). The slim lead belonging to George W. Bush (R-TX—see Evening, November 14, 2000) expands to 930 votes; Bush picks up 1,380 votes and Vice President Al Gore (D-TN) picks up 750 votes. [US News and World Report, 12/13/2000; Leip, 2008] After the modified vote tallies are announced, Bush campaign officials begin publicly complaining of manual-recount irregularities. [Pittsburgh Post-Gazette, 12/17/2000] Three Florida counties are either engaged in manual recounts or are preparing to recount (see November 17, 2000, 3:40 p.m. November 15, 2000, and 3:00 p.m., November 16, 2000).
The online news Web site Salon reports that while the Bush campaign opposes the Gore campaign’s requests for manual recounts in four heavily Democratic counties (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 10, 2000, November 11-13, 2000, 9:00 a.m. November 13, 2000, 12:00 p.m., November 15, 2000, 10:15 p.m., November 15, 2000, Early Morning, November 16, 2000, 5:00 p.m. November 17, 2000, and 12:36 p.m. November 19, 2000), it quietly accepted voluntary manual recounts from four Florida counties that contributed 185 votes to the Bush tally. According to Salon, in those four counties—Seminole, Polk, Taylor, and Hamilton—elections officials took it upon themselves to manually count ballots that could not be read by machine, so-called “undervotes.” Those recounts are entirely legal. The Seminole recount garnered 98 votes for George W. Bush. Al Gore lost 90 votes in Polk County because the votes had apparently been counted twice. The Taylor recount garnered four votes for Bush. The Hamilton recount garnered 10 votes for Gore. (A similar report by the online news site Consortium News uses different counties—Franklin, Hamilton, Seminole, Washington, Taylor, and Lafayette—to note that Bush has garnered some 418 votes in those counties’ recounts.) Bush campaign spokeswoman Mindy Tucker says that under Florida law, county canvassing boards have the discretion as to whether to inspect uncounted ballots by hand, and says that the Gore campaign’s calls for recounts of undervotes in Miami-Dade County (see November 7, 2000) is another in its attempt to “continually try to change the rules in the middle of the game. The ballots were inspected by hand in some cases but not all, and under Florida law it’s the canvassing board’s decision legally. It’s our belief that these votes have been counted.” Gore spokesman Chris Lehane says the Gore campaign wants the same consideration given to Miami-Dade votes as given to votes in other counties. Moreover, Miami-Dade uses punch-card ballots, which yield far more errors than the “optiscan” balloting systems used in Seminole, Polk, Taylor, and Hamilton. “Keep in mind, punch cards are used in poorer areas,” he says. “Most of these other ballots were optical ones where the reliability was much, much higher. And in poorer areas, you have bad machines or flawed ballots. We think we have a pretty clear and compelling argument.” Senior Bush campaign adviser James Baker says that manually recounting votes in Democratic-leaning counties was comprised of “subjective” attempts to “divine the intent of the voter,” and that hand-counting votes provides “tremendous opportunities for human error and… mischief.” Democrats retort that Baker’s statement is hypocritical, and point to Bush’s gain in Republican-leaning counties as proof of both the accuracy of recounting and the need to count each vote. [Consortium News, 11/19/2000; Salon, 11/28/2000]
Entity Tags: County of Polk (Florida), County of Franklin (Florida), Chris Lehane, Albert Arnold (“Al”) Gore, Jr., County of Hamilton (Florida), County of Miami-Dade (Florida), County of Washington (Florida), James A. Baker, County of Seminole (Florida), County of Taylor (Florida), County of Lafayette (Florida), George W. Bush, George W. Bush presidential campaign 2000, Mindy Tucker
Timeline Tags: 2000 Elections
Florida’s Miami-Dade County begins a manual recount of its presidential ballots (see November 7, 2000 and November 17, 2000). Bush campaign lawyers and local Republicans tried and failed to get a judge to stop the recounts, arguing that using machines to sort ballots to find votes would damage ballots and, presumably, give Democrat Al Gore more votes. The judge refuses to rule in the Republicans’ favor, and Miami-Dade election officials begin hunting for questionable ballots for recounting. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] On November 22, after Bush operatives and local Bush supporters stage a riot outside the elections offices, the Miami-Dade elections board will cancel the recount, saying it does not have enough time to complete the recount by the November 26 deadline (see 9:00 a.m. and after, November 22, 2000).
Democratic vice-presidential candidate Joe Lieberman (D-CT) says on CBS’s Face the Nation that every last vote should be counted in Florida, or millions of citizens will say, “We were robbed.” [US News and World Report, 12/13/2000] Lieberman later tells reporters, referring to the Bush campaign, “It seems to be that they’re doing everything they can to stop the recounting of votes because they’re slightly ahead and they fear that after the recounting they won’t be.” Senator Bob Graham (D-FL) later agrees with Lieberman, saying that if necessary, every single vote in Florida should be manually recounted. “What we’re trying to achieve here is an election that has credibility by the American people. That credibility would likely be enhanced if all Florida voters had their ballots hand counted,” he says. However, Bush campaign lawyers say such a move would unfairly “keep the state and the nation on hold.” [Guardian, 11/20/2000]
The Florida Supreme Court hears recount arguments from both the Gore and Bush presidential campaigns regarding whether Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), should consider hand-recounted ballots before she certifies results of the presidential election (see 5:00 p.m. November 17, 2000). Bush lawyers argue that the Court is “without power” to decide which ballots should or should not be tallied. At 9:45 p.m. November 21, the Court unanimously rules that the manual recounts can continue and that Harris must accept those totals in the final results (see 10:04 a.m. - 12:45 p.m. November 17, 2000). The Court rules that the deadline for certifying the election is either 5:00 p.m. November 26, a Sunday, or November 27, at Harris’s discretion. Harris’s staff is caught by surprise by the ruling, downloading it off the Internet instead of receiving a copy from the Court; Harris’s plan to certify George W. Bush as president is blocked. Democratic presidential candidate Al Gore welcomes the ruling, saying that both he and Bush should plan their transitions in case either is certified. [Supreme Court of Florida, 11/21/2000 ; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court says in its ruling that “the right of the people to cast their vote is the paramount concern overriding all others.” Campaign observers have said that if the Florida high court’s ruling went the other way, Gore would concede the election. Some of Gore’s senior campaign advisors reportedly told Gore to stop further challenges if the Florida court decision went in Bush’s favor. [Guardian, 11/22/2000] Bush campaign representatives level charges that the Gore campaign is attempting to “steal” the election. Bush campaign attorney James Baker calls the Supreme Court’s ruling “unjust.” Governor Marc Racicot (R-MT), who has emerged in recent days as an influential Bush campaign spokesman, threatens “some extraordinary” measures to overcome the effects of the Court’s ruling (see 9:00 a.m. and after, November 22, 2000). [Guardian, 11/23/2000]
Palm Beach County, Florida, Judge Jorge Labarga rules that he has no constitutional authority to order a re-vote in that county due to use of the controversial “butterfly ballot” (see November 14, 2000). Two days later, Laborga rules that ballots with so-called “dimpled chads” (punch-card ballots whose punch holes, or “chads,” are dented, as if the voter attempted and failed to push the paper through the hole entirely and thus register a vote) cannot be summarily excluded from the Palm Beach manual recount. However, officials can reject questionable ballots if the voter’s intent cannot be determined. [US News and World Report, 12/13/2000; Jurist, 2003; Leip, 2008; Circuit Court of the 15th Judicial Circuit, In and For Palm Beach County, Florida, 11/20/2008 ] Apparently, ballots with “dimpled chads” legally indicate voter intent to vote for that particular candidate.
Broward County elections officials study a ballot, attempting to determine the voter’s intent. [Source: Authentic History (.com)]Jane Carroll, Broward County’s single Republican election supervisor, quits midway through the county’s recount process. “It’s like having Election Day for 10 days in a row,” she says. “I need to get out of here.” She will be replaced by Circuit Court Judge Robert Rosenberg the next morning. [US News and World Report, 12/13/2000]
Both the Bush and Gore campaigns send veteran politicians and military veterans to argue for and against the acceptance of military absentee ballots that may not meet the criteria for acceptance under the law (see November 12, 2000, November 15-17, 2000, and November 18, 2000). For George W. Bush, Senator Bob Dole (R-KS) argues for their inclusion. Vietnam War veteran Senator Bob Kerrey (D-NE) argues against their inclusion; Kerrey also tells reporters that Al Gore “understands that he may be the loser in Florida.” [US News and World Report, 12/13/2000]
The Bush presidential campaign files a petition in the US Supreme Court, asking the Court to review the Florida Supreme Court’s ruling that Florida can continue manual recounts, and that those new recount tallies be included in the final election results (see November 20-21, 2000). Bush lawyers argue that the Supreme Court effectively rewrote Florida election law in mandating the recount tallies be counted, by essentially changing the law after the election had occurred; they also argue that Florida judges have no jurisdiction or legal authoritiy to order Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) to consider manually recounted votes. Both arguments are considered somewhat abstruse and technical. The Bush campaign also claims, with little legal backing, that to recount the votes violates constitutional guarantees of due process and equal protection. Gore lawyers say that the matter is up to the state courts, and is not a federal matter warranting the involvement of the US Supreme Court. The Court agrees to hear the case, and sets the hearing date for December 1, 2000. [Supreme Court of the United States, 11/22/2000 ; Certiorari Granted, 11/24/2000 ; Guardian, 11/25/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004; Leip, 2008] “We believe we stand on both strong political and legal ground for fighting beyond Sunday,” says Gore campaign adviser Ron Klain. After the Court agrees to hear the case, Harris, the co-chair of Florida’s Bush campaign team, says she is ready to certify the election for George W. Bush tomorrow night regardless of the outcome of the Supreme Court hearing. “The Department of State is prepared for the earliest contingency, which would be certification Sunday evening,” her chief of staff Ben McKay says. “This will be done publicly regardless of the outcome, which is, of course, unknown at this time.” [Guardian, 11/25/2000] Many Court observers, and some of the justices themselves, are surprised that the case is being heard. The Bush petition for certiorari, or for the Court to take the case, comes to Justice Anthony Kennedy, whose task it is to consider emergency motions from Florida, Georgia, and Alabama. Kennedy pushes his colleagues to take the case, arguing that the Court is the true and ultimate arbiter of such matters, though he concedes that the Bush petition is legally questionable. The Court’s conservative bloc—Antonin Scalia, Clarence Thomas, Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000), and Chief Justice William Rehnquist—agree to hear the case. (Court rules mandate that the consent of four justices, not a majority, is enough to hear a case.) The case is to be expedited in a way far different from the usual sedately paced Court proceedings. The sudden urgency has Court clerks scrambling to change their Thanksgiving plans and contacting the justices they work for. The clerks for the four liberal justices, David Souter, John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer, are dismayed by the entire situation. “We changed our minds every five minutes about whether the fix was in,” one clerk later recalls. The liberal clerks find it almost impossible to believe that any Court justice would consider interceding in what is by constitutional definition an executive and legislative matter. Justice Stevens is not convinced of his conservative colleagues’ restraint, and begins drafting a dissent from what he fears will be a majority opinion granting Bush the election. The early draft focuses on the reasons why the Court should have never accepted the case. [Vanity Fair, 10/2004]
Entity Tags: Florida Supreme Court, David Souter, Ben McKay, Antonin Scalia, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, Ron Klain, Clarence Thomas, Ruth Bader Ginsburg, Katherine Harris, George W. Bush presidential campaign 2000, George W. Bush, John Paul Stevens
Timeline Tags: 2000 Elections
Republican vice-presidential candidate Dick Cheney is rushed to the hospital with chest pains. The press later reports that Cheney has suffered a “very slight” heart attack. Doctors operate and insert a stent in one of his arteries. He will be released from the hospital on November 24. [US News and World Report, 12/13/2000; Leip, 2008]
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]
Entity Tags: County of Miami-Dade (Florida), Tom DeLay, Charles Royal, Rush Limbaugh, Roger Stone, Robert Parry, Richard Pombo, Wall Street Journal, Washington Post, Wayne Newton, William Daley, Albert Arnold (“Al”) Gore, Jr., Brad Blakeman, Brendan Quinn, CNN, Carrie Meek, Richard (“Dick”) Cheney, William Michael (“Bill”) Daley, County of Broward (Florida), Michael Murphy, Thomas Pyle, Matt Schlapp, George W. Bush presidential campaign 2000, David Leahy, Democratic National Committee, Doug Heye, Florida Supreme Court, Mayco Villafena, George W. Bush, Garry Malphrus, James A. Baker, Jake Tapper, Jim DeMint, Kevin Smith, Luis Rosero, Marc Racicot, Jenny Backus, Joseph Lieberman, Joe Geller, Joe Fraga, Joel Kaplan, John J. Sweeney
Timeline Tags: 2000 Elections, Civil Liberties
Bush campaign lawyers file a motion to force the inclusion of hundreds of overseas ballots, mostly from soldiers serving at overseas duty stations, that lacked the proper postmark or signatures (see November 15-17, 2000). On November 24, Florida Republicans from the state legislature will join the Bush effort. [US News and World Report, 12/13/2000] Three days later, they will drop the suit (see 7:00 p.m. November 25, 2000).
On Thanksgiving Day, Broward County election officials either delay or forego entirely their holiday plans to continue recounting presidential ballots. Broward Republican Party chairman Ed Pozzuoli, angered by reports of supposedly lax standards in deeming “dimpled chad” ballots as having actual votes, says, “Someone is trying to steal my Thanksgiving turkey.” While Pozzuoli complains about his interrupted Thanksgiving plans, the Broward officials dine on carryout pizza. [US News and World Report, 12/13/2000]
Gore campaign lawyers ask the US Supreme Court to deny a Bush campaign request to not count manually-recounted presidential ballots, calling the request a “bald attempt to federalize a state court dispute.” The next day, the Court will agree to hear the Bush petition (see November 22-24, 2000). [US News and World Report, 12/13/2000]
Richard Cohen. [Source: Washington Post]Washington Post columnist Richard Cohen, a self-described moderate liberal, says that although he voted for Vice President Al Gore (D-TN) in the presidential elections, he believes that for the good of the country, Gore should stop pushing for recounts in Florida and concede the election to George W. Bush (R-TX). “I now think that under current circumstances he would not be the right man for the presidency,” he writes. “If I could, I would withdraw my vote.” Cohen says his considered opinion is based in part on the recent mob riot in Miami, where Bush campaign operatives orchestrated a violent confrontation that forced Miami-Dade County election officials to prematurely shut down their attempts to recount that county’s votes (see 9:00 a.m. and after, November 22, 2000). Cohen writes that in light of the Florida circumstances: “Given the present bitterness, given the angry irresponsible charges being hurled by both camps, the nation will be in dire need of a conciliator, a likable guy who will make things better and not worse. That man is not Al Gore. That man is George W. Bush.” Cohen says that he believes Bush’s claims to be “a uniter, not a divider,” citing as proof Bush’s popularity among Republican governors, “each of whom probably thought the next president should be none other than himself.” Bush also has a reputation for affability from his days in private enterprise, Cohen writes: “I talked with one of them once, a Democrat who disagreed with Bush on many issues. Yet he, too, praised Bush’s leadership abilities, his talent for bringing order out of chaos and for reaching some sort of consensus. That man’s testimony impressed me. His disagreements with Bush were real, his admiration for him profound.” Gore is not a uniter, Cohen asserts. “His own party is sore at him for taking the one-two punch of peace and prosperity and running a race that is still not concluded. His performance was as erratic as his uniform-of-the-day: earth tones on Tuesday, business suit on Wednesday. The country sensed that either he did not know himself, or what he did know the country would not like.” Cohen calls Gore “stiff, robotic,” and appearing “insincere even when he is not… unable to mask his ambition.” Unlike Bush, he does not give the impression of being someone’s “good buddy.” Bush will rally the nation behind him, Cohen opines, where Gore is likely to further divide it. Besides, Cohen writes, having a Republican in the White House may work to “restrain… GOP Dobermans like Reps. Tom DeLay (R-TX) and J.C. Watts Jr. (R-OK),” who presumably would behave in an uncontrollable manner if a Republican is not in the White House to keep them in line. While Bush and Gore have profoundly different approaches to governance, Cohen says, “what matters at the moment is the moment itself—a mere tick of the historic clock that could, if things continue, just stop it dead where it is. History does not guarantee that things will be as they have been. The first and most daunting task of the next president is not a tax bill or a Social Security plan but—as it was when Jerry Ford succeeded Richard Nixon—the healing of the country. I voted for Gore because he was the better man for the job. I can’t help thinking that he no longer is.” [Washington Post, 11/24/2000] The liberal news Web site Consortium News writes that Cohen’s column is “[t]ypical of th[e] Democratic desire to submit to angry Republicans.… Cohen reached his conclusion although Gore has been the one to temper his rhetoric while Bush and the Republicans have escalated their public denunciations of Gore and the Florida Supreme Court.” [Consortium News, 11/24/2000]
Broward County officials begin counting “dimpled chads” as votes, following Palm Beach County’s similar decision. In the Broward recount, Democrat Al Gore has picked up 245 votes so far. [US News and World Report, 12/13/2000]
Throughout the day, pro-Bush supporters demonstrate outside Blair House, the vice-presidential residence in Washington where Democratic presidential candidate Al Gore and his family are residing. Gore tries to break the impression of being besieged by making a public “run” for ice cream. [US News and World Report, 12/13/2000] Gore’s daughter Kristin later tells a reporter that their home was “under siege” by protesters during this time period. She will say that many screamed, “Get out of Cheney’s house!” referring to George W. Bush’s running mate Dick Cheney. [New York Times, 6/24/2007]
The Bush presidential campaign drops a lawsuit intended to force Florida counties to reconsider overseas military election ballots that were rejected for technical reasons (see 11:30 a.m. November 22, 2000). Instead, the campaign files a suit to re-evaluate the four Florida counties that are still counting ballots. [US News and World Report, 12/13/2000; Leip, 2008] It is possible that the Bush campaign chooses to drop the suit to avoid accusations of hypocrisy similar to those it, and its supporters, have been leveling against the Gore campaign. [Authentic History, 7/31/2011]
Broward County finishes its manual recount of its presidential votes. Democratic candidate Al Gore gains 567 votes, slicing Republican George W. Bush’s lead to 465 (see November 18, 2000) if the recounted votes are to actually be counted. A Broward County elections official, Judge Robert Lee, says that he is “confident, confident that there were many more votes that should have been counted,” presumably referring to other Florida counties. He cites as one example a ballot where the voter had written, “I’m voting for George Bush.” Lee says, “We were able to count it, where a computer couldn’t.” [US News and World Report, 12/13/2000; Tapper, 3/2001; Leip, 2008]
The ballot recounting in Palm Beach County is halted for an hour as Republican lawyers disrupt the proceedings, disputing the order in which precincts are being evaluated. Democrats object to the Republican position, and tempers fray. The counting resumes at 5:00 a.m. [US News and World Report, 12/13/2000] The delay will contribute to Palm Beach County being unable to complete the recount by the end of the day, as mandated by the Florida Supreme Court (see 2:45 p.m. November 26, 2000). Democratic election observer Steven Meyer writes of his observations of numerous and varied Republican “stalling tactics” since recounts began almost two weeks ago (see 8:20 a.m. November 14, 2000), including the selection of thousands of clearly indicated Gore ballots as “questionable.” Meyer writes: “Unfortunately, these stalling tactics were widespread. Because the Republican observers had caused the Board to review so many frivolous challenges, it probably added a full day’s work for the Canvassing Board, and now we were in real danger of missing the 5:00 p.m. deadline for certifying the recount totals to the secretary of state.” As board members attempt to expedite the process, two commissioners advise Republican lawyer Mark Wallace to “stop whining” about so many “questionable” ballots. Meyer also writes about being pursued in the parking lot by a Republican activist who follows him to his car, shouting, “Go back to Massachusetts!” [American Prospect, 12/14/2000]
Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), rejects a request by Palm Beach County election officials to give them a brief extension on turning in their recount tallies (see 3:00 p.m., November 16, 2000). This morning, Republican lawyers successfully disrupted the recounting for an hour by arguing about the order in which precincts should be handled (see 4:00 a.m. November 26, 2000). The county misses the 5:00 p.m. deadline by less than three hours, and thusly leaves almost 2,000 ballots unrecounted, though officials continue to count the remaining ballots. Harris decides to reject Palm Beach’s request after conferring with Mac Stipanovich, a Florida Republican lobbyist serving as her political “handler” (see Mid-Morning, November 8, 2000). [US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008] Some media reports say that Democrat Al Gore picked up some 46 votes in the Palm Beach recount, though these votes are not added to the tally; Harris dubs Palm Beach’s entire recount null and void. [Guardian, 11/27/2000; Vanity Fair, 10/2004] Steven Meyer, an election observer for the Democratic Party, writes that when the 5:00 deadline arrived, election officials “had reviewed the challenged ballots in all but 51 of the 637 precincts and Gore had received a net gain of 192 votes in the manual recount.” The entire recount is finished by 7:20 p.m., and Gore’s net gain is 215 votes. Meyer learns that though Harris refused to accept the recount votes from Palm Beach County because it missed the deadline, she had accepted recounts from counties where Bush showed slight gains. Meyer writes, “This resulted in the 537 vote ‘official’ lead that the media is reporting.” Of the recount process itself, Meyer writes: “The Republican spin is that all votes have been counted by machine at least twice in every county. The only trouble is the machines don’t read every vote. The counting includes much more than simply reading the dimpled ballots. In our hand recount, we found many, many ballots on which the voter had indicated a preference, but not punched the ballot in the prescribed way. On some ballots, the voter had darkened in the numbers in each race for the candidate he or she wanted. On others, the voter punched out two different numbers, but wrote ‘Mistake’ or something equally as clear, with an arrow pointing to one of the holes. This shows clear intent to cast a vote for one candidate. The tabulating machine records this as an ‘overvote’ because more than one candidate’s number is punched, and the ballot is disqualified in the machine count.” [American Prospect, 12/14/2000]
Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election. [Source: Salon]Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), certifies George W. Bush (R-TX) the winner of Florida’s presidential election, though according to a Florida Supreme Court ruling she can choose to accept recount tallies through November 27 (see November 20-21, 2000). She chooses not to do so. Harris says Bush has a 537-vote lead. Her totals are: Bush, 2,912,790; Vice President Al Gore (D-TN), 2,912,253. The totals include none of the recounted ballots from either Palm Beach or Miami-Date Counties, both of which did not complete their recounts by Harris’s deadline (see 9:00 a.m. and after, November 22, 2000 and 2:45 p.m. November 26, 2000). Ongoing legal actions by both parties keep the election in doubt. Regardless, Governor Jeb Bush, George W. Bush’s brother, signs the Certificate of Ascertainment designating 25 Florida electors pledged to George W. Bush and transmits the document to the National Archives as required by Title 3, US Code, Section 6. Three days later, a Florida legislative committee will recommend a special session to name the state’s 25 representatives to the Electoral College, where they will presumably cast their votes for Bush. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] If Bush is indeed the winner of the Florida presidential election, he has enough electoral votes to assume the presidency (see November 9, 2000). The Gore campaign refuses to accept Harris’s certification, and says it will ask Florida courts to order recounts of thousands of disputed votes. Gore’s running mate Joe Lieberman says, “This evening, the secretary of state of Florida has decided to certify what—by any reasonable standard—is an incomplete and inaccurate count of the votes cast in the state of Florida.” The Gore campaign is working out details of what will be a formal “contest” of the results, and will ask a state judge to order court-appointed “special masters” to complete interrupted recounts of about 2,000 uncounted votes in Palm Beach County and 10,700 uncounted votes in Miami-Dade County. They also want an inquiry into the Nassau County returns, where Gore officials believe Bush was wrongly credited with some 51 votes, and are considering challenging the legality of Palm Beach’s controversial “butterfly ballots.” Gore’s chief lawyer David Boies says: “We’re preparing contest papers that will be filed Monday, as early in the day as we can get them done. Until these votes are counted, this election cannot be over.” Republicans intend to use Harris’s ruling to publicly pressure Gore into conceding the election, pressure the Gore campaign says it is prepared to combat. Miami-Dade County, expected to yield enough votes in a recount to swing the election in favor of Gore, called off its recount under pressure from Republican protesters and due to time constraints (see 9:00 a.m. and after, November 22, 2000). [Salon, 11/25/2000; Guardian, 11/27/2000; Guardian, 11/28/2000] Investigative reporter Robert Parry will later write that Harris deliberately allowed Nassau County to throw out its recounted figures that gave Gore the 51 votes. [Consortium News, 8/5/2002] A brief furor ensues when some media outlets mistakenly report that 500 absentee ballots “not previously counted” were discovered in Broward County. The story is not true. [Salon, 11/25/2000] According to state law, it is only now that Gore can ask for a statewide recount. [Vanity Fair, 10/2004] Former President Jimmy Carter tells a reporter: “More than two weeks will remain before Florida’s 25 electors will have to be named, and then two more months before a new president will be sworn into office. We must not sacrifice speed for accuracy in deciding who has been chosen by the voters to take that oath.” [Salon, 11/25/2000]
Entity Tags: Al Gore presidential campaign 2000, Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., County of Miami-Dade (Florida), County of Broward (Florida), George W. Bush, County of Palm Beach (Florida), Katherine Harris, Robert Parry, James Earl “Jimmy” Carter, Jr., George W. Bush presidential campaign 2000, Joseph Lieberman, John Ellis (“Jeb”) Bush
Timeline Tags: 2000 Elections
Refusing to accept the certification of George W. Bush as the winner of the Florida presidential election (see 7:30 p.m. November 26, 2000), Vice President Al Gore’s campaign files an election contest action challenging the election results in Palm Beach, Miami-Dade, and Nassau Counties. Gore campaign officials believe Gore was denied a net gain of over 1,100 uncounted votes in Palm Beach and 750 in Miami-Dade (see November 7, 2000). In Nassau, Gore officials believe Bush was wrongly credited with 51 votes. “The vote totals reported in the election canvassing commission’s certification of November 26, 2000, are wrong,” Gore lawyers allege in court filings. It is the first formal contest challenge in the history of US presidential elections. The case is assigned by random computer selection to Judge N. Saunders Sauls. Gore lawyers also challenge vote totals in three Florida counties, and ask a state judge to order a manual recount of some 13,000 ballots in Palm Beach and Miami-Dade Counties that showed no votes for president on machine runs (so-called “undervotes”). Gore lawyers also file an emergency motion to accelerate the contest proceedings, a motion that Bush lawyers will challenge the next day. Bush campaign lawyers file an appeals court motion seeking to delay oral arguments in a pending federal case challenging Florida’s hand recounts. A Seminole County lawsuit seeking to throw out some 4,700 absentee ballots for technical reasons (see November 12, 2000, November 15-17, 2000, and November 17, 2000) is moved to a state court in Leon County, which is also hearing the Gore campaign’s certification challenges. And a lawsuit challenging the validity of Palm Beach County’s “butterfly ballot” (see 10:46 a.m. November 20 - November 22, 2000) goes to the Florida Supreme Court, which will reject the suit on December 1. [Guardian, 11/28/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Entity Tags: County of Seminole (Florida), County of Leon (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Miami-Dade (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, George W. Bush, County of Nassau (Florida)
Timeline Tags: 2000 Elections
After Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), certifies George W. Bush (R-TX) the winner of Florida’s presidential election (see 7:30 p.m. November 26, 2000), the Bush campaign continues publicly—“ostentatiously,” to quote one London newspaper—preparing for Bush to transition into the White House, naming possible cabinet members and requesting that the General Services Administration (GSA) fund a transition office for Bush to prepare to ascend to the presidency. Andrew Card, a former General Motors executive whom Bush has said will be his chief of staff, says of Bush, “He’s getting ready to be a great president.” Bush’s chief of staff in Texas, Clay Johnson, heads the transition team and Ari Fleischer serves as press secretary. Senate Majority Leader Trent Lott (R-MS) has told Senate committee chairpersons to convene their members on January 4, 2001 to begin confirmation hearings on Bush cabinet nominees. The GSA, however, has not gone along with the push. GSA officials say that the 80,000 square feet of Washington office space will stay locked until either Bush or Democrat Al Gore is certified as president. Instead, says Bush’s running mate Dick Cheney, the campaign will set up transition offices funded by private contributions. “We feel it is our obligation to the American people to honor their votes by moving forward and assembling the administration they’ve chosen,” he says. [Guardian, 11/28/2000; Forbes, 2011]
Democratic Congressional leaders Senator Tom Daschle (D-SD) and Representative Richard Gephardt (D-MO) hold a televised conference call with Vice President Al Gore and his running mate, Senator Joe Lieberman (D-CT), in a show of support for the Gore campaign efforts to stop Florida from certifying George W. Bush as the winner of the state presidential race (see 7:30 p.m. November 26, 2000). “What we’re talking about involves many thousands of votes that have never been counted at all,” Gore tells Daschle and Gephardt. [Guardian, 11/28/2000; US News and World Report, 12/13/2000]
Five minutes before the start of the Monday Night Football broadcast, Vice President Al Gore delivers a brief, nationally televised address defending his decision to contest the election (see November 27, 2000). “Our Constitution matters more than convenience,” he tells viewers. All he wants, he says, is “a complete count of all the votes cast in Florida,” noting that “many thousands of votes… have not yet been counted at all, not once.” [US News and World Report, 12/13/2000]
The Gore presidential campaign asks Leon County Circuit Court Judge N. Saunders Sauls to authorize an immediate recount of about 14,000 disputed “undervote” ballots. Instead of ordering an immediate recount, Sauls orders the disputed ballots, sample voting booths, and voting machines from Miami-Dade and Palm Beach counties brought to his courtroom in Tallahassee by Friday, December 1—a total of 1.1 million ballots, posing a tremendous logistical challenge to election boards in the two counties. On November 30, a truck carrying more than 460,000 presidential ballots from Palm Beach County leaves on its way to Tallahassee as ordered by Sauls. On December 1, two more trucks carrying over 654,000 ballots begin the long drive to Tallahassee from Miami. On December 1, the Bush campaign asks Sauls to have another 1.2 million ballots trucked in from Volusia, Broward, and Pinellas Counties; Bush campaign spokesman Scott McClellan says, “We believe there were a number of illegal votes for Gore in those counties.” Sauls does not grant this request. The trial begins on December 2, with Gore’s lawyers arguing, “There is no reason to delay counting ballots even one day.” Bush’s lawyers advance a number of arguments against expediting or even conducting the recounts, including the position that the dispute is not between Bush and Gore, but between two disparate groups of Florida electors. Bush lawyers also say that Gore’s lawyers missed a 10-day deadline to file such challenges; manually recounting only some ballots is illegal; and the recounts the Gore campaign wants are “illegal, inappropriate, and manifestly unfair.” On December 4, Sauls rules against the Gore campaign (see 4:43 p.m. December 4, 2000). [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008; Guardian, 11/30/2008; Guardian, 12/1/2008]
Entity Tags: County of Pinellas (Florida), County of Broward (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Leon (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, Scott McClellan, George W. Bush, County of Volusia (Florida), County of Miami-Dade (Florida)
Timeline Tags: 2000 Elections
A “Select Committee” of the Florida State Legislature meets to discuss appointing its own slate of electors to vote for George W. Bush in the Electoral College. [Source: C-SPAN]A Florida legislative committee dominated by Republicans debates on whether the legislature should call a special session to appoint its own slate of electors to vote in the US Electoral College. The Republicans fear that Democrat Al Gore, with help from Florida courts, might block Republican George W. Bush from winning Florida’s electoral votes (see November 27, 2000). [US News and World Report, 12/13/2000]
Vice President Al Gore leaves the vice-presidential residence in Washington and publicly asks the Bush campaign to stop trying to “run out the clock” on further recounts in Florida. “This is not a time for… procedural roadblocks,” Gore says (see November 27, 2000). [US News and World Report, 12/13/2000]
Pundit and editor Michael Kelly, recently fired by the New Republic for his continued partisan attacks on the Gore campaign, accuses Democratic presidential candidate Al Gore and his campaign of trying to steal the Florida election, and the presidency, through the courts. Kelley says that Gore’s “theft” is being facilitated by the Democratic Party. Kelly falsely states that most polls show “60 percent to 70 percent” of Americans want Gore to concede immediately (see November 12 - December 10, 2000), and says, again falsely, that Democratic “leaders and elders” are working in “virtual lockstep” to “stand behind their defeated candidate’s unprecedented defiance of democracy’s national edict” (see November 8, 2000, Morning, November 8, 2000, and November 10, 2000). The “Clinton-Gore crowd,” Kelly writes, has “created a crisis that would wreak more destruction than” the Clinton impeachment. “But with these men of fathomless selfishness, there is always more damage to be done. There is always another institution, another principle, another person that must be destroyed—for the greater good of their greater power.” Kelly says that Gore has relentlessy ignored “the results of a fair and full recount that confirmed his loss (see Early Morning, November 8, 2000 and November 9, 2000), and demanded hand recounts only in selected Democratic counties” (see November 9, 2000). Kelly goes on to claim that Gore manipulated the Florida courts to “rewrit[e] Florida election law” to continue the standoff, “and still lost—a third time—to Bush.” When Gore promises to stand by the results of the manual recounts, Kelly says he is “lying” and has no such intentions. Kelly calls into question the Democratic election officials’ figures in Broward County, accusing the two Democratic officials of inventing votes over the objections of the single Republican official. Kelly concludes: “Democrats accuse Republicans of seeking to delegitimize a Gore presidency. Gore seeks more; if he doesn’t get his way he threatens to delegitimize democracy itself. Got to burn that village down.” [Jewish World Review, 11/29/2000; 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
Dick Cheney, the Republican candidate for vice president, orders the opening of a transition office in McLean, Virgina, for the presumptive transfer of power from President Clinton to “President-elect” Bush (see November 27, 2000 and After). The General Services Administration, citing the still-disputed election, refuses to allocate funds or office space to Bush, so Cheney uses private donations to open the office. [Leip, 2008] Cheney made a press announcement of the decision three days earlier. [US News and World Report, 12/13/2000]
Democrats for the presidential campaign of Al Gore file papers in the Florida Supreme Court asking the Court to order an immediate hand recount of some 14,000 disputed “undervote” ballots in two heavily Democratic Florida counties, Miami-Dade and Palm Beach (see November 28 - December 2, 2000). Any delay, the Gore lawyers argue, would make it a “virtual impossibility” to resolve the issue by the December 12 deadline for presidential certification. On December 1, the Court will reject the request. [Supreme Court of Florida, 12/1/2000 ; US News and World Report, 12/13/2000; Leip, 2008]
A Republican-dominated panel in the Florida Legislature votes to recommend convening a special session of the legislature (see 1:00 p.m. November 28, 2000) to designate the state’s 25 electors and send them to Washington to cast the state’s ballots for George W. Bush even if the election is not resolved by December 12, when all states are to officially certify a winner of their presidential contests. The previous day, Florida Governor Jeb Bush, the brother of George W. Bush, said it would be an “act of courage” for the legislature to call a special session “if it was the appropriate thing to do.” The legality of designating electors in such a fashion is questionable; Democratic vice-presidential candidate Senator Joe Lieberman says such a decision “threatens to put us into a constitutional crisis.” Shortly after Lieberman’s comments, candidate Bush meets with reporters outside his Crawford, Texas, ranch, flanked by vice-presidential candidate Dick Cheney and putative Bush Secretary of State designate General Colin Powell. Bush says, “One of our strategies is to get this election ratified, and the sooner the better for the good of the country.” [US News and World Report, 12/13/2000; Guardian, 11/30/2008]
Texas Federal District Court Judge Sidney Fitzwater rejects a voter lawsuit arguing that Dick Cheney is an inhabitant of Texas and thus ineligible to receive votes of Texas electors. The Constitution bars a presidential and vice-presidential candidate running together from being from the same state. Until November 2000, Cheney’s primary residence was his home in Dallas, Texas; George W. Bush lives in Crawford, Texas. In November, Cheney transferred his residence to his vacation home in Jackson Hole, Wyoming. On December 7, an appeals court will affirm Fitzwater’s ruling. [US News and World Report, 12/13/2000; Leip, 2008]
The Eleventh US Circuit Court of Appeals in Atlanta agrees to hear two separate but related cases challenging the Florida ballot manual count. The cases, brought by individuals but joined by the Bush campaign, argue that recounts by hand are unfair and unconstitutional. Both lawsuits are rejected. [Leip, 2008]
Florida Democratic voters file a lawsuit to throw out 9,773 absentee-ballot votes in Martin County; two-thirds of them are votes for George W. Bush. Democrats charge that, as in Seminole County (see November 12, 2000, November 15-17, 2000, and November 17, 2000), Republican officials illegally added voter ID numbers to Republican applications for absentee ballots, rendering the once-invalid ballots able to be counted. Judge Terry Lewis sets a trial date of December 6. [US News and World Report, 12/13/2000]
The US Supreme Court hears oral arguments on the Bush presidential campaign’s challenge on constitutional grounds of Florida Supreme Court’s ruling on selective manual recounts (see November 20-21, 2000). The case is Bush v. Palm Beach Canvassing Board. Throngs of protesters surround the Supreme Court building. Inside, the justices’ questions indicate that they are divided on the legality of the Florida high court’s intervention, and some justices seem to think that Florida courts should resolve the issue. Justice Anthony Kennedy says, “We’re looking for a federal issue.” Justice Stephen Breyer asks, “What’s the consequence of our going one way or the other now in this case?” Observers will later describe Laurence Tribe, an experienced Supreme Court litigator representing the Gore campaign, as listless and flat, while Theodore Olson, arguing the Bush campaign’s case, is “more impressive.” Chief Justice William Rehnquist and Justice Antonin Scalia give the impression that they believe the Florida Supreme Court encroached on the Florida legislature’s bailiwick. Justices Kennedy and Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) express their irritation with the Gore arguments. When the arguments are over, the justices meet in chambers for the usual conference. At one end of the argument is Scalia, who wants to overturn the Florida decision and in essence award George W. Bush the election, and at the other, Justice John Paul Stevens, who wants the Court to stay out of the case altogether. Neither justice can command a majority among the other seven. Rehnquist begins drafting a ruling asking the Florida high court to clarify its ruling, to cite the state constitution in its decision (which the Bush team had argued would have been improper), or under state law (which the Bush team had found arguably permissible). All nine justices eventually sign onto Rehnquist’s opinion. A 2004 Vanity Fair article will observe: “The unanimity was, in fact, a charade; four of the justices had no beef at all with the Florida Supreme Court, while at least four others were determined to overturn it. But this way each side could claim victory: the liberal-to-moderate justices had spared the Court a divisive and embarrassing vote on the merits, one they’d probably have lost anyway. As for the conservatives, by eating up Gore’s clock—Gore’s lawyers had conceded that everything had to be resolved by December 12—they had all but killed his chances to prevail, and without looking needlessly partisan in the process. With the chastened Florida court unlikely to intervene again, the election could now stagger to a close, with the Court’s reputation intact, and with Bush all but certain to win.” On December 4, in a setback for the Gore campaign, the Court unanimously sets aside the Florida Supreme Court ruling and remands for clarification the Florida Supreme Court’s decision. [Supreme Court of the United States, 12/4/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004; Leip, 2008]
Entity Tags: George W. Bush, Antonin Scalia, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Florida Supreme Court, William Rehnquist, Sandra Day O’Connor, US Supreme Court, County of Palm Beach (Florida), Laurence Tribe, John Paul Stevens, Theodore (“Ted”) Olson, George W. Bush presidential campaign 2000, Vanity Fair, Stephen Breyer
Timeline Tags: 2000 Elections
The president of the Florida Senate, Republican John McKay, decides not to call a special session of the Florida Legislature to independently select a slate of electors to vote for George W. Bush in the US Electoral College (see 11:45 a.m. November 30, 2000). McKay decides to ruminate on the matter over the weekend. [US News and World Report, 12/13/2000]
The Florida Supreme Court dismisses a petition from the Gore campaign to order an immediate recount of over 12,000 “undervotes” from Miami-Dade and Palm Beach Counties. “Undervotes” are ballots that did not register a choice for president when run through the machine counter. An hour later, the same court rules that Palm Beach’s controversial “butterfly ballot” is legal (see 7:00 a.m. November 7, 2000 and After and November 27, 2000). [US News and World Report, 12/13/2000]
In televised interviews, Dick Cheney, the Republican vice-presidential candidate, urges Vice President Al Gore, the Democratic presidential candidate, to drop his legal challenges and concede defeat to Republican presidential contender George W. Bush. Gore says he has given little thought to any such concession. [Pittsburgh Post-Gazette, 12/17/2000]
Leon County, Florida, Judge N. Saunders Sauls rules against the Gore campaign in the recount issue (see November 28 - December 2, 2000), saying that manual recounts in Miami-Dade and Palm Beach Counties are not warranted, and the Nassau County vote totals should stand. Sauls also refuses to block Florida’s certification of George W. Bush as the Florida presidential winner (see 7:30 p.m. November 26, 2000). The London Guardian calls the ruling a “crushing blow” to Al Gore’s chances of winning the disputed election. Sauls rules that there is “no credible statistical evidence and no other competent substantial evidence” to establish a reasonable probability that Gore might win if granted a hand recount of the undervotes. “This court… concludes the evidence does not establish any illegality, dishonesty, improper influence, coercion, or fraud in the balloting and counting processes,” Sauls rules. The ruling also restores Bush’s 930-vote lead that existed before recount numbers were taken into account (see November 18, 2000). After Saul’s ruling, Gore’s lead attorney David Boies says the campaign will appeal the ruling to the Florida Supreme Court, and that the campaign had always assumed the case would end up in that court. “What has happened today is that we have moved one step closer to having this finally resolved,” he tells reporters, but admits that in this instance, “They won, we lost.” Boies notes that after the incredible effort expended to bring over a million ballots to Sauls’s courtroom, the judge never looked at them. “The ballots were the best evidence of the intents of the voters,” Boies says. “This was the first court in an election contest where the court has refused to look at the ballots.” The Florida high court will hear the appeal on December 7. [Circuit Court of the Second Judicial Circuit, In and For Leon County, Florida, 12/4/2000 ; Guardian, 12/5/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Two lawsuits filed by Florida Democrats challenging the validity of some Florida absentee ballots are heard in Tallahassee. Judge Nikki Clark hears the Seminole County absentee ballot case (see November 12, 2000, November 15-17, 2000, November 17, 2000, and November 27, 2000) and Judge Terry Lewis presides over a similar challenge filed against Martin County ballots. (The Gore campaign has declined to join either lawsuit, though Vice President Al Gore has said it “doesn’t seem fair to me” that Republicans but not Democratic operatives in those counties were allowed to add and correct voter ID numbers on absentee ballot applications. The Bush campaign has joined the opposing side of both lawsuits.) Both Clark and Lewis reject the lawsuits. The Florida Supreme Court will uphold their rulings. [US News and World Report, 12/13/2000; Leip, 2008] Democratic leaders are beginning to edge away from continued support for Gore’s attempts to secure the election. Senator Richard Durbin (D-IL) says, “This is coming to an end.” A George W. Bush presidency, he says, “looks more and more” likely. [Guardian, 12/8/2000]
The Bush campaign continues to engage in pre-inaugural transition activities, giving the public the impression that George W. Bush has won the presidency and is preparing to assume the office (see November 27, 2000 and After). After meeting with his foreign policy advisor Condoleezza Rice, Bush says he has “pretty well made up my mind” on whom to name to his White House staff. His transition team’s slogan is “Bringing America Together.” [US News and World Report, 12/13/2000]
Florida Senate President John McKay and House Speaker Tom Feeney, both Republicans, announce a special session of the Florida Legislature that will convene on December 8 to consider designating its own slate of electors should the results of the Florida vote remain tied up in the courts (see 11:45 a.m. November 30, 2000). The last time a legislature chose electors was 1876. House Democratic Minority Leader Lois Frankel says that “it is just plain wrong for the Florida Legislature to elect the next president of the United States.” [US News and World Report, 12/13/2000]
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 ; Guardian, 12/9/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court decision is also seen as something of a repudiation of the Supreme Court’s earlier decision for clarification (see 10:00 a.m. December 1 - 4, 2000). Clerks for the Supreme Court justices are now certain that their Court will decide the presidential election. Justice Antonin Scalia, the most implacable of the conservative justices determined to overturn the Florida high court and give the election to Bush, wants to grant the Bush request for a stay even before receiving the Gore lawyers’ response, a highly unusual request that is not granted. He argues that the manual recounts are in and of themselves illegitimate, and says the recounts will cast “a needless and unjustified cloud” over Bush’s legitimacy. It is essential, he says, to shut down the process immediately. Clerks for both the liberal and conservative justices are amazed, and some appalled, at how bluntly Scalia is pushing what appears to be a partisan agenda. [Vanity Fair, 10/2004]
Entity Tags: David Boies, Barry Richard, Antonin Scalia, Al Gore presidential campaign 2000, County of Palm Beach (Florida), US Supreme Court, Richard Gephardt, The Guardian, N. Saunders Sauls, Tom Daschle, James A. Baker, George W. Bush presidential campaign 2000, Florida Supreme Court, County of Miami-Dade (Florida)
Timeline Tags: 2000 Elections
The Bush campaign seeks stays in the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and the US Supreme Court regarding the acceptance of 43,852 “undervote” recounts in Florida counties. Most importantly, the Bush campaign also asks the US Supreme Court for a writ of certiorari, which would declare its candidate the winner of the Florida presidential election. Both the Florida Supreme Court and Eleventh Appeals Court refuse to issue the stay. Most observers believe that if the recounts are completed and their vote totals tabulated, Democrat Al Gore will win enough votes to win Florida, and thusly become president. Currently Republican George W. Bush has a mere 193-vote lead (see December 7-8, 2000), and recount totals from Miami-Dade County alone are expected to give Gore more than this amount. One example of the problematic situation in Florida is with Duval County, which includes the city of Jacksonville, where claims of massive African-American disenfranchsement and discrimination (see November 7, 2000) have already tainted the balloting. Duval has 4,967 undervotes, but they are mixed in with 291,000 others, all stored in boxes in a vault. The all-Republican electoral board, as seen on national television, has begun examining ballots, but as The Guardian observes, “with such painstaking reluctance to proceed, it amounted to an effective filibuster.” Democratic spokeswoman Jenny Backus tells reporters, “What we’ve heard is that they’re going to try to slow this down by every means they can.” However, the US Supreme Court issues the requested stay and the undervote tabulation stops. The Court does not issue the requested writ of certiorari. [Supreme Court of the United States, 12/8/2000 ; Supreme Court of the United States, 12/9/2000 ; Guardian, 12/10/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The divide among the nine US Supreme Court justices is plain. The five conservative justices, led by Antonin Scalia, have since December 4 been circulating memos among themselves and their clerks, bouncing various arguments off one another in what the liberal justices’ clerks feel is an attempt to audition and solidify their arguments in favor of overturning the Florida high court’s decision and giving the presidency to Bush. The four liberal justices, led by John Paul Stevens, have long felt that the Court had no business being involved in the issue, that it was instead up to the Florida judiciary and legislature to settle the matter. Stevens, writing the anticipated dissent for the minority, has to ask the majority for more time to complete his dissent, so eager are they to issue their ruling. When Scalia sees in Stevens’s dissent the line that says, “counting every legally cast vote cannot constitute irreparable harm”—a direct rebuke to Scalia’s earlier argument that the Florida recounts would do “irreparable harm” to a Bush presidency—Scalia inadvertently delays the proceedings to write his own angry rejoinder, which reads in part, “Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.” Scalia’s nakedly partisan stance discomfits even some of the other conservative justices’ clerks and angers the liberal clerks. “The Court had worked hard to claim a moral high ground, but at that moment he pissed it away,” one later recalls. “And there was a certain amount of glee. He’d made our case for us to the public about how crassly partisan the whole thing was.” After Scalia finishes his rejoinder, the Court issues its stay, stopping all further recounts. Gore himself, unaware of the arguments and partisanship dividing the Court, still holds out hope that one of the conservatives—O’Connor or Anthony Kennedy, perhaps (see After 7:50 p.m. November 7, 2000 and (November 29, 2000))—can be reached. “Please be sure that no one trashes the Court,” he admonishes his staffers. Gore decides to have campaign lawyer David Boies instead of Laurence Tribe argue the campaign’s case in the upcoming arguments, perhaps hoping that Boies, more moderate than the outspokenly liberal Tribe, might win some support from either Kennedy or O’Connor. Boies has also been representing Gore in Florida, and can presumably reassure the justices of the fundamental fairness of what is happening there. The liberal clerks have no such illusions. What hopes they have now are pinned on the press. One has heard a rumor that the Wall Street Journal is preparing to publish a story reporting that O’Connor had been overheard at a dinner party expressing her opposition to a Gore presidency; that report, the clerks hope, might force O’Connor to recuse herself from the decision and tie the court at 4-4. However, O’Connor has no such intention. Gore’s lawyers, aware of O’Connor’s statements, consider asking her to recuse herself, but decide instead to restrain themselves in hopes that she will, according to a 2004 Vanity Fair article, “now lean toward them to prove her fairness.” [Vanity Fair, 10/2004]
Entity Tags: County of Miami-Dade (Florida), Wall Street Journal, County of Duval (Florida), Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, The Guardian, John Paul Stevens, Laurence Tribe, George W. Bush presidential campaign 2000, George W. Bush, Sandra Day O’Connor, Florida Supreme Court, Jenny Backus, Antonin Scalia, David Boies
Timeline Tags: 2000 Elections
Florida Judge Terry Lewis orders that Florida counties complete their manual recounts by 2:00 p.m. December 10. Lewis’s ruling comes in the wake of the Florida Supreme Court ordering immediate “undervote” recounts (see December 7-8, 2000). Before Lewis’s deadline can be reached, the US Supreme Court will issue a stay of the Florida high court’s ruling (see December 8-9, 2000), rendering Lewis’s deadline moot. [US News and World Report, 12/13/2000]
As per a Florida Supreme Court ruling (see December 7-8, 2000), Florida counties begin a statewide manual recount of “undervote” ballots before the US Supreme Court issues a stay halting the recounts (see December 8-9, 2000). [Leip, 2008]
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
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. [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]
The US Electoral College meets to certify George W. Bush as the president of the United States. Bush receives 271 votes and Vice President Al Gore receives 266 votes. One Gore elector from the District of Columbia abstains. [Leip, 2008]
Clinton holdover US Ambassador to Haiti Brian Dean Curran complains that Stanley Lucas of the Republican-dominated International Republican Institute (IRI) is “undermining” international efforts to help Haitian President Jean-Bertrand Aristide and the Democratic Convergence come to a compromise over Haiti’s contested 2000 congressional elections (see May 21, 2000). [Newsday, 3/16/2004]
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]
Entity Tags: William Jefferson (“Bill”) Clinton, William Rehnquist, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Salon (.com), Justice Action Movement, Richard (“Dick”) Cheney, George W. Bush, George Herbert Walker Bush, Richard M. Nixon, Liz Butler, Mary Anne Cummings
Timeline Tags: Hurricane Katrina, 2000 Elections, Torture of US Captives, Complete 911 Timeline, Events Leading to Iraq Invasion, A. Q. Khan's Nuclear Network, 9/11 Timeline, Civil Liberties, Neoconservative Influence
Jean-Bertrand Aristide takes office amid criticisms that his party won the previous year’s congressional elections unfairly. [BBC, 2/7/2001]
Stanley Lucas, the International Republican Institute’s (IRI) senior program officer for Haiti, tells an audience on Radio Tropicale that there are three ways to get rid of newly elected Haitian president Jean-Bertrand Aristide: call early elections and vote him out, charge him with corruption and let the courts imprison him, or assassinate him. With the blessing and assistance of the Bush administration, the IRI, a subsection of the US government’s National Endowment for Democracy, will step up its campaign to get rid of Aristide. The IRI, using $3 million in US taxpayer funds, will train and fund anti-Aristide candidates, help unite them into a single anti-Aristide bloc, and, according to a former US ambassador to Haiti, work to block all internationally-proposed power-sharing agreements in order to heighten Haiti’s political crisis and encourage a coup against Aristide. The IRI also will help in the Bush administration’s failed attempt to precipitate a coup against Venezuela’s Hugo Chavez (see April 12, 2002). Lucas himself is a charismatic, wealthy Haitian exile with a history of training Haitian insurgents and deep, murky ties to right-wing organizations and politicians in America, particularly longtime Aristide foe Senator Jesse Helms (R-NC) and Bush’s Latin American envoy Otto Reich. [Salon, 7/16/2004]
The US House Committee on Energy and Commerce holds a hearing on the news networks’ election night decision to project George W. Bush the winner of the Florida election, and thereby the winner of the US presidential election (see November 7-8, 2000). One of the matters at hand is Fox News’s choice to have its election night coverage anchored by John Prescott Ellis, President Bush’s cousin and an intensely partisan Bush supporter (see October-November 2000). The chairman of the committee is W.J. “Billy” Tauzin (R-LA).
Opening Statements - In his opening statement, Tauzin tells the assemblage that the hearing is to “give us a real sense of what went wrong in terms of the election night coverage of the presidential election of November 2000.” He notes that news coverage issues have been raised in every election since the 1960 Kennedy-Nixon election. Early calls—the practice of news outlets to “call,” or project, winners in states before elections in other states have closed—have long been acknowledged as having a “deletorious” effect on voting, and the use of “exit polling”—polls of voters taken outside polling booths—have proven both “valuable” and “dangerous.” Voter News Service (VNS), the independent consortium that provided polling and other data to the networks and press agencies for their use during their election coverage, uses exit polling to help those news outlets “project” winners in races. Tauzin spends much of his opening statement attacking VNS and the use of exit polling as the “source” of the election night dissension, and says that on the whole, VNS data “produces statistical biases in favor of Democrats in this case today and against Republicans, that the statistical flaws tend to overstate the Democratic vote in the exit poll and understate the Republican vote.” Tauzin says that investigations have “discovered no evidence of intentional bias, no evidence of intentional slanting of this information,” and instead says the entire problem rests with VNS and its use of exit polling data. In their opening statements, many Republicans echo Tauzin’s remarks. Ranking minority member John Dingell (D-MI) calls the election night coverage “a monumental screw-up which I think has embarrassed an awful lot of people.” Dingell repeats Tauzin’s claim that no evidence of intentional bias has been found—calling such allegations “inflammatory”—and says that the focus of future hearings should be on the issue of voter disenfranchisement. Having said all that, he goes on to say that the networks’ decision to call Florida for Bush in the early hours of November 8, 2000 was premature, and lent itself to later allegations that attempts by Democratic challenger Al Gore were baseless and troublesome. Cliff Stearns (R-FL) accuses the networks of trying to influence Florida voters in the Panhandle, a traditionally Republican stronghold, by prematurely calling the state for Gore eight minutes before polls closed in that region. In questioning, Sherrod Brown (D-OH) notes the almost-immediate appearance of the “Sore Loserman” campaign (derived from the names of the Democratic candidates, Gore and Joe Lieberman), which attempted, successfully, to paint attempts by the Gore campaign to force vote recounts as attempts to “steal” the election.
Focus on Fox - Henry Waxman (D-CA) is the first to mention Fox News. He reads from a Los Angeles Times editorial, quoting: “Suppose that a first cousin of Al Gore had been running one of the network news teams issuing election night projections. Suppose that having previously recused himself from a columnist job saying his objectivity would suffer from family loyalty, this cousin had chatted with Gore six times on Election Day. Suppose the same cousin had been the first to declare Gore as the winner in Florida on election night, helping coax the rival networks to follow suit, leading George W. Bush to call up Gore in order to concede, thereby helping to create that Gore was the duly elected president of the United States long before all the votes had been counted. Can anybody reasonably doubt that the pundits would be working themselves into a nonstop lather charging the liberal media as accessories to grand larceny? Can we imagine, say, Rupert Murdoch’s Fox news channel right-leaning heads dropping the subject?” Waxman says this was absolutely the case, but with Fox News and John Ellis, not Gore and an imaginary Gore cousin at another network. “[O]f everything that happened on election night this was the most important in impact. It created a presumption that George Bush won the election. It set in motion a chain of events that were devastating to Al Gore’s chances and it immeasurably helped George Bush maintain the idea in people’s minds than he was the man who won the election.” Several other Democrats echo Waxman’s statements.
Issues with Florida Election Practices - Peter Deutsch (D-FL) cites issues of rampant voter disenfranchisement of African-Americans, a traditionally Democratic voting bloc, with over 100,000 ballots, mostly from African-American voters, apparently not counted. Deutsch says flatly that “there is no question, it is no longer debatable that if the vote in Florida were counted, Al Gore would be president of the United States.” Bobby Rush (D-IL) cites a large number of incidents where minority group voters were “harassed by police departments” in Florida and in other states besides. In many instances these voters were stopped from voting entirely; in others, their votes were not counted. Other Democrats, such as Eliot Engel (D-NY), echo Deutsch’s and Rush’s concerns; Engel says: “Al Gore was not the only one who lost that night. The American people lost that night, and the news media also lost that night.”
Testimony regarding Independent Review of Election Night Coverage - The first witness is Joan Konner, a professor of journalism at Columbia. Konner led a panel commissioned by CNN “to look at what went wrong in [CNN’s] television coverage of the presidential election 2000.” Her panel submitted a report on the election night coverage to CNN, and CNN provided that report to the committee. “[S]omething went terribly wrong,” she says. “CNN executives, correspondents, and producers themselves describe election night coverage as a debacle, a disaster, and a fiasco; and in our report we agree.” She blames the problems with CNN’s coverage on “excessive speed and hypercompetition, combined with overconfidence in experts and a reliance on increasingly dubious polls. We have stated that the desire to be first or at least not to be consistently behind the others led the networks to make calls unwisely based on sketchy and sometimes mistaken information.” The choice to create, fund, and use VNS by all the networks was primarily a cost-cutting decision, she says, but that choice was a mistake: “Relying on a single source eliminates the checks and balances built into a competitive vote-gathering and vote system. It eliminates the possibility of a second source for validating key and possible conflicting information.” Another member of the panel, James Risser of Stanford University, notes that the report’s findings apply equally to other networks along with CNN.
Media Panel - After much questioning of the CNN panel, a second panel is sworn in. This panel includes: Fox News chairman Roger Ailes; CBS president Andrew Heyward; CNN chairman Tom Johnson; NBC president Andrew Lack; ABC president David Westin; VNS director Ted Savaglio; VNS editorial director Murray Edelman; and the Associated Press’s president, Louis Boccardi. In an opening statement, Savaglio admits that VNS made “errors” in vote tabulation and predictives based on “flaws” in the statistical analyses. Two major errors were made on election night, Savaglio says, the first leading to the incorrect awarding of Florida to Gore early in the evening, and the second provision of data that indicated Bush had a statistically insurmountable lead in Florida that did not include an accurate tabulation of votes cast in Volusia County as well as errors in other county tabulations and estimates. Boccardi says that the Associated Press used VNS-provided data in the erroneous Gore projection, but “takes full responsibility” for the error. The Associated Press did not join in with the second, Fox News-led projection of Bush’s victory. “[T]he race was too close to call” at that point, he says. “It would be right to surmise that the pressure on AP at that moment [to join the networks in calling the election for Bush] was enormous.” Heyward testifies that CBS, like CNN, hired an independent panel to assess its election coverage, and has a number of improvements to be made for future coverage. “Our method of projecting winners, one that, as you have heard, has produced only six bad calls in over 2,000 races since the 1960s, failed us this time; and as a well-known candidate would say, failed us big time in the very state that held the key to this election,” he says. He also notes that charges by Republican committee members that there is an inherent bias in the statistical models against Republicans “has been rejected by every single outside expert who examined each of the networks, even those experts, and you heard from them today, who are the most highly critical of us.” Lack asks why there was not more media coverage and examination of other voting-related problems, from “ineffective voting machines” and “confusing ballots” to allowing felons to vote.
Ailes's Statement - Ailes blames VNS for Fox’s “mistakes” in its reporting, saying: “As everyone knows, Voter News Service, a consortium with a good track record, gave out bad numbers that night. In the closest race in history the wheels apparently came off a rattle trap computer system which we relied on and paid millions for.” He claims, “Through our self-examination and investigation we have determined that there was no intentional political favoritism in play on election night on the part of Fox News.” Ailes does not mention his choice to use Ellis as Fox’s election night anchor in his verbal statement, but in a written statement he submits to the committee, he says that Ellis was not the person who made the final decision to declare Florida for Bush. The news division’s vice president, John Moody, made the final call. As for hiring Ellis, he praises Ellis’s professionalism and experience, and writes: “We at Fox News do not discriminate against people because of their family connections. I am more than happy to give you examples of offspring of famous politicians who are employed at Fox News.” He also says that he was aware that Ellis was speaking to both George W. and Jeb Bush throughout the night, and writes: “Obviously, through his family connections, Mr. Ellis has very good sources. I do not see this as a fault or shortcoming of Mr. Ellis. Quite the contrary, I see this as a good journalist talking to his very high level sources on election night.” Though Ellis has freely admitted to sharing VNS data with both Bushes, Ailes writes, “Our investigation of election night 2000 found not one shred of evidence that Mr. Ellis revealed information to either or both of the Bush brothers which he should not have, or that he acted improperly or broke any rules or policies of either Fox News or VNS.” He concludes: “[I]n my heart I do believe that democracy was harmed by my network and others on November 7, 2000. I do believe that the great profession of journalism took many steps backward.”
Questioning the Media Representatives - Almost immediately, Ailes raises the question of skewed exit polling that appears to favor Democrats, though experts have refuted these claims in just-given testimony, and Savaglio has just said that exit polls exhibit no such bias. Ailes tells the panel: “I do know that when Republicans come out of polls and you ask them a question they tend to think it’s none of your business and Democrats want to share their feelings. So you may get some bias there that is inadvertent, just because it’s a cultural thing and unless you send the Republicans to sensitivity training you’re not going to get them to do that.” Tauzin says that a study of VNS results tends to bear out Ailes’s claim. Westin says if there is bias in exit polling, it cuts both ways, an observation with which Tauzin also agrees. Savaglio admits that after midnight, VNS provided substantially inaccurate information to the networks that led them to conclude Bush had a slight but insurmountable lead in Florida. Lack denies the rumor that Jack Welch, the CEO of NBC’s parent company General Electric, made the decision for NBC News to follow Fox’s lead in declaring Bush the presumptive winner in Florida. Waxman accepts Lack’s denial, but notes that he has been told Welch’s command to declare Bush the winner is preserved on videotape, “filmed by NBC’s advertising and promotions department.” Lack says if the tape exists, he will provide it to the committee. Bart Stupak (D-MI) asks the representatives directly if they believe any bias towards one party or another exists in their networks’ coverage, and all answer strongly in the negative. Heyward says that rumors of networks such as his trying to “slant” their coverage to give the idea of an “inevitable” Gore victory are entirely negative, and says: “[C]ertainly we displayed the popular vote graphic 15 times between 7 and 11. President Bush was ahead every single time; on the electoral count, 75 out of
100 times.… The video [shown by the commission at the beginning of the hearing] that gave the impression that the networks were saying Gore’s got it in the bag I believe was misleading, yes.” Westin agrees with Heyward, and says the networks generally gave the impression of “a much more balanced, much closer race throughout the night.” Under questioning by Gene Green (D-TX), Ailes contradicts previously presented evidence and says no one at the election desk, Ellis or anyone else, was in contact with “Austin” (meaning the Bush campaign and George W. Bush personally) at all that night. [House of Representatives, Committee on Energy and Commerce, 2/14/2001]
Entity Tags: CBS News, Sherrod Brown, Bobby Lee Rush, Roger Ailes, Raymond Eugene (“Gene”) Green, Ted Savaglio, Tom Johnson, US House Committee on Energy and Commerce, Voter News Service, ABC News, Andrew Heyward, Andrew Lack, Associated Press, W.J. (“Billy”) Tauzin, Peter R. Deutsch, NBC News, Rupert Murdoch, Louis Boccardi, Fox News, Eliot L. Engel, David Westin, Clifford Bundy (“Cliff”) Stearns, CNN, Murray Edelman, George W. Bush, John Prescott Ellis, Jack Welch, Joan Konner, John Dingell, John Ellis (“Jeb”) Bush, Joseph Lieberman, James Risser, Henry A. Waxman, Bart Stupak
Timeline Tags: 2000 Elections, Domestic Propaganda
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]
Bust of Plutarch, displayed in the Delphi Museum. [Source: Livius (.org)]Writing in his book The Conscience of a Liberal, Senator Paul Wellstone (D-WI) quotes the Roman historian Plutarch, who was active around 100 A.D. Plutarch had explained one reason why the Roman Republic fell: “The abuse of buying and selling votes crept in and money began to play an important part in determining elections. Later on, however, this process of corruption spread to the law courts and to the army, and finally, when even the sword became enslaved to the power of gold, the republic was subjected to the rule of emperors.” Wellstone adds: “The way in which money has come to dominate politics is the foremost ethical issue of politics of our time. The corruption is far more serious than any wrongdoing by an individual officeholder. It is systematic corruption, in which there is a huge imbalance of power between the vast majority of people and those few who have the financial wherewithal to count more. We as a nation have moved dangerously far away from the central principle of representative democracy: Each person counts as one and no more than one.” [Wellstone, 5/2001]
Seven of the eight Haitian senators, whose elections are still being disputed by the Democratic Convergence (see May 21, 2000), resign after President Jean-Bertrand Aristide tells the General Assembly of the Organization of American States that he will hold new elections for the contested Senate seats within six months. But the Democratic Convergence is not satisfied with the concession and maintains its insistence that he resign and that it be put in charge of a non-elected “transition” government. [BBC, 6/8/2001; Dollars and Sense, 9/7/2003; Turck, 2/24/2004]
New York’s primary elections, which are in progress, are postponed. [CNN, 9/12/2001]
White House political guru Karl Rove tells the Republican National Committee: “We can go to the American people on this issue of winning the war [against terrorism]. We can go to the country on this issue because they trust the Republican Party to do a better job of protecting and strengthening America’s military might and thereby protecting America.” In 2008, current deputy White House press secretary Scott McClellan will write: “Rove was the first administration official to publicly make the case for winning the war as a partisan issue, a marked shift in tone from [President] Bush’s repeated emphasis on unity and bipartisanship in confronting and defeating radical Islam.… Rove’s candor about this strategy infuriated suspicious Democrats, who condemned Rove for trying to politicize the war.” Bush will soon begin campaigning for Republicans in the midterm elections using Rove’s strategy. McClellan will note: “As governor [of Texas], he’d maintained good relations with friendly legislators by refusing to campaign against them, even if they were members of the opposing party. Bush’s actions prompted concern and anxiety among Democrats.” [McClellan, 2008, pp. 112-113]
After years of battling Republican filibuster efforts and other Congressional impediments, the Bipartisan Campaign Reform Act of 2002 is signed into law. Dubbed the “McCain-Feingold Act” after its two Senate sponsors, John McCain (R-AZ) and Russ Feingold (D-WI), when the law takes effect after the 2002 midterm elections, national political parties will no longer be allowed to raise so-called “soft money” (unregulated contributions) from wealthy donors. The legislation also raises “hard money” (federal money) limits, and tries, with limited success, to eliminate so-called “issue advertising,” where organizations not directly affiliated with a candidate run “issues ads” that promote or attack specific candidates. The act defines political advertising as “electioneering communication,” and prohibits advertising paid for by corporations or by an “unincorporated entity” funded by corporations or labor unions (with exceptions—see June 25, 2007). To a lesser extent, the BCRA also applies to state elections. In large part, it supplants the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980). [Federal Election Commission, 2002; Center for Responsive Politics, 2002 ; Connecticut Network, 2006 ]
Bush: Bill 'Far from Perfect' - Calling the bill “far from perfect,” President Bush signs it into law, taking credit for the bill’s restrictions on “soft money,” which the White House and Congressional Republicans had long opposed. Bush says: “This legislation is the culmination of more than six years of debate among a vast array of legislators, citizens, and groups. Accordingly, it does not represent the full ideals of any one point of view. But it does represent progress in this often-contentious area of public policy debate. Taken as a whole, this bill improves the current system of financing for federal campaigns, and therefore I have signed it into law.” [Center for Responsive Politics, 2002 ; White House, 3/27/2002]
'Soft Money' Ban - The ban on so-called “soft money,” or “nonfederal contributions,” affects contributions given to political parties for purposes other than supporting specific candidates for federal office (“hard money”). In theory, soft money contributions can be used for purposes such as party building, voter outreach, and other activities. Corporations and labor unions are prohibited from giving money directly to candidates for federal office, but they can give soft money to parties. Via legal loopholes and other, sometimes questionable, methodologies, soft money contributions can be used for television ads in support of (or opposition to) a candidate, making the two kinds of monies almost indistinguishable. The BCRA bans soft money contributions to political parties. National parties are prohibited from soliciting, receiving, directing, transferring, and spending soft money. State and local parties can no longer spend soft money for any advertisements or other voter communications that identify a candidate for federal office and either promote or attack that candidate. Federal officeholders and candidates cannot solicit, receive, direct, transfer, or spend soft money in connection with any election. State officeholders and candidates cannot spend soft money on any sort of communication that identifies a candidate for federal office and either promotes or attacks that candidate. [Legal Information Institute, 12/2003; ThisNation, 2012]
Defining 'Issue Advertisements' or 'Electioneering Communications' - In a subject related to the soft money section, the BCRA addresses so-called “issue advertisements” sponsored by outside, third-party organizations and individuals—in other words, ads by people or organizations who are not candidates or campaign organizations. The BCRA defines an “issue ad,” or as the legislation calls it, “electioneering communication,” as one that is disseminated by cable, broadcast, or satellite; refers to a candidate for federal office; is disseminated in a particular time period before an election; and is targeted towards a relevant electorate with the exception of presidential or vice-presidential ads. The legislation anticipates that this definition might be overturned by a court, and provides the following “backup” definition: any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate).
Corporation and Labor Union Restrictions - The BCRA prohibits corporations and labor unions from using monies from their general treasuries for political communications. If these organizations wish to participate in a political process, they can form a PAC and allocate specific funds to that group. PAC expenditures are not limited.
Nonprofit Corporations - The BCRA provides an exception to the above for “nonprofit corporations,” allowing them to fund electioneering activities and communications from their general treasuries. These nonprofits are subject to disclosure requirements, and may not receive donations from corporations or labor unions.
Disclosure and Coordination Restrictions - This part of the BCRA amends the sections of FECA that addresses disclosure and “coordinated expenditure” issues—the idea that “independent” organizations such as PACs could coordinate their electioneering communications with those of the campaign it supports. It includes the so-called “millionaire provisions” that allow candidates to raise funds through increased contribution limits if their opponent’s self-financed personal campaign contributions exceed a certain amount.
Broadcast Restrictions - The BCRA establishes requirements for television broadcasts. All political advertisements must identify their sponsor. It also modifies an earlier law requiring broadcast stations to sell airtime at its lowest prices. Broadcast licensees must collect and disclose records of purchases made for the purpose of political advertisements.
Increased Contribution Limits - The BCRA increases contribution limits. It also bans contributions from minors, with the idea that parents would use their children as unwitting and unlawful conduits to avoid contribution limits.
Lawsuits Challenge Constitutionality - The same day that Bush signs the law into effect, Senator Mitch McConnell (R-KY) and the National Rifle Association (NRA) file lawsuits challenging the constitutionality of the BCRA (see December 10, 2003). [Legal Information Institute, 12/2003]
After nearly two years of legal wrangling, the Bush administration releases financial and other records from the November-December 2000 campaign to the Internal Revenue Service. Those records include hundreds of pages of documents regarding the Bush campaign’s efforts to win the Florida recounts (see 9:00 a.m. and after, November 22, 2000). The George W. Bush recount committee spent $13.8 million on its efforts to influence the recount, while long-available documents from the Al Gore recount operation show that Gore spent about a quarter of that amount, $3.2 million. The Bush campaign spent more than that on lawyers—$4.4 million. The Bush records document some 250 paid staffers, payouts of $1.2 million to fly operatives to and from Florida, and about $1 million in hotel bills. Additionally, a fleet of corporate jets was provided to the recount operation, many of them paid for by Enron Corporation and its CEO Kenneth Lay, a prominent Bush backer. Other jets were provided by Halliburton, where Vice President Dick Cheney had served as chairman and CEO. [Consortium News, 8/5/2002]
The state of Florida settles a voter discrimination suit filed by the National Association for the Advancement of Colored People (NAACP) in the wake of allegations of massive and widespread discrimination during the November 2000 elections (see November 7, 2000 and April 24, 2001). The class-action suit charged Database Technologies (DBT), a private firm hired by the Florida government, and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. Florida agrees to provisions that nominally settle the problem, but by 2004 will have implemented virtually none of the corrective procedures mandated by the settlement. Miami-Dade, Broward, Leon, Volusia, and Duval Counties settled earlier rather than face trial. [Center for American Progress, 12/9/2010]
Michael Steele and Robert Ehrlich. [Source: Oliver Willis]The candidates for governor of Maryland, Democrat Kathleen Kennedy Townsend and Republican Robert Ehrlich, hold a debate in the Murphy Fine Arts Building on the campus of Morgan State University in Baltimore. After the debate, allegations surface that Democratic supporters of Townsend threw Oreo cookies at Michael Steele, the Republican nominee for lieutenant governor. Steele is African-American; to label an African-American an “Oreo” is to say that he, like an Oreo cookie, is black on the outside and white on the inside. It is considered a significant racial slur. The allegations are published by, among other sources, the conservative Washington Times, largely relying on reporting by S.A. Miller, who writes multiple stories concerning the alleged incident.
First Iteration: Oreos 'Distributed' among Audience Members - The source is Ehrlich’s campaign spokesman Paul Schurick, who tells a Baltimore Sun reporter that he saw Democrats in the audience distributing Oreo cookies. Schurick initially makes no mention of anyone throwing cookies. One day after the event, Steele is quoted by the Sun as talking about the Townsend supporters in the crowd and what he terms “race-baiting” by her campaign, but says nothing about Oreos. On October 14, Weekly Standard columnist Jeffrey Goldberg repeats as fact Schurick’s allegations about Oreos being passed out at the debate. On October 21, syndicated conservative columnist George Will repeats the story, adding that “[s]ome of the audience had distributed Oreo cookies to insult Ehrlich’s running mate.”
Second Iteration: 'Townsend Supporters Threw Oreo Cookies' - The same day as Will’s column appears, the Sun and the Associated Press report that Ehrlich told an audience at a Jewish day school that “Townsend supporters at the debate threw Oreo cookies” at Steele. The next day, the Salisbury, Maryland, Daily Times reports that “the Ehrlich campaign” claimed “protesters at the debate threw Oreo cookies at Steele.” The Washington Times reports Ehrlich’s claims on October 29. The Washington Post reports on October 31 that Townsend supporters “mocked” Steele by bringing Oreo cookies to the gubernatorial debate. On November 2, the London Times reports as fact that Steele “was bombarded with Oreo cookies” at the gubernatorial debate. Miller later tells other reporters that, while in attendance at the debate, he saw Steele get hit with the cookies. On November 22, the Capital News Service will report that Steele later “said an Oreo cookie rolled to his feet during the debate.”
Reporter Retracts Claim - But in November 2005, after Steele announces his candidacy for Maryland’s gubernatorial position (see November 2005), Miller will tell a reporter for WTOP news radio, Mark Segraves, that he could not swear in court that anyone actually threw cookies because he did not, in fact, see it happen, though he had reported several times that he witnessed just such events. Times managing editor Fran Coombs will issue a denial that Miller ever spoke to Segraves or anyone else from WTOP, but will confirm that Miller did not, in fact, attend the debate. Coombs will tell WTOP that the Times stands behind its reporting, regardless of whether Miller’s claims are true or not, and will say that the reported Oreo incident is a diversion from the real story of a double standard on racism in the Democratic Party.
Third Iteration: Steele Just Saw 'One or Two' Oreos at His Feet - Steele will tell Segraves that he was never struck by any thrown cookies. “I’ve never claimed that I was hit, no. The one or two that I saw at my feet were there. I just happened to look down and see them,” he will say. By November 15, the Associated Press will report that Ehrlich says “he did not personally see cookies thrown at Steele because he was on stage,” and “said he doesn’t know who might have thrown them.”
Fourth Iteration: Steele Says Oreos 'Tossed in His General Direction' - Around the same time, the Associated Press will also report that, according to Steele, “Oreo cookies were tossed in his general direction as he left the debate at Morgan State University,” including two that “rolled up” next to his shoe. The stories are dramatically different, and quite contradictory. Steele’s November account differs from Schurick’s account and his own previous statements.
Fifth Iteration: Oreos 'Thick in the Air Like Locusts' - In the Sun’s 2005 report, Schurick is quoted as saying: “It was raining Oreos. They were thick in the air like locusts. I was there. It was very real. It wasn’t subtle.” Sometime in late 2002, Ehrlich will tell a radio audience that his father was struck in the head by a cookie, though, according to the WBAL report at the time, “Schurick would not make Robert L. Ehrlich Sr. available for an interview.”
No Mention in Reporting after Debate, No Video Evidence - In November 2005, the Baltimore Sun will report that no newspaper or television reports mentioned any such incident in their initial reporting of the debate, and although four local television stations recorded the debate, no video of any such incident exists.
Eyewitnesses: Nothing Was Thrown - The Sun will report the operations manager of the Murphy Building at Morgan State, Vander Harris, as saying nothing of the sort occurred: “It didn’t happen here,” he will say. “I was in on the cleanup, and we found no cookies or anything else abnormal. There were no Oreo cookies thrown.” Several attendees at the event will tell the Sun that while some disruptive behavior occurred, no one threw anything at Steele nor anyone else. Morgan State spokesman Clint Coleman will say: “There were a lot of things, disturbances, by this group of outsiders who were bent on disrupting the debate. But I never actually saw Oreo cookies being thrown at him.” As for “raining Oreos,” Coleman will say, “I can tell you that did not happen.” Neil Duke, who moderated the event for the NAACP, will say he never saw any cookies thrown at Steele. “Were there some goofballs sitting in [the] right-hand corner section tossing cookies amongst themselves and acting like sophomores, as the legend has it?” Duke will say. “I have no reason to doubt those sources; I just didn’t see it.” And Wayne Frazier, the president of the Maryland-Washington Minority Contractors Association, will say he saw Steele walk into the auditorium that evening, but saw no Oreos. “I was there the whole time and did not see any of the so-called Oreo cookie incident,” he will say. “It could have happened and I didn’t see it, but I was in the auditorium from start to finish.” [WTOP Radio 103.5 (Washington), 11/15/2005; Media Matters, 11/21/2005]
Entity Tags: Vander Harris, WTOP-FM, Washington Post, Wayne Frazier, S.A. Miller, Washington Times, Robert L. Ehrlich Jr., Salisbury Daily Times, Morgan State University, Baltimore Sun, Capital News Service, Clint Coleman, George Will, Fran Coombs, Jeffrey Goldberg, London Times, Michael Steele, Associated Press, Mark Segraves, Kathleen Kennedy Townsend, Paul Schurick
Timeline Tags: Domestic Propaganda
Democratic Socialists of America logo. [Source: Social Democrats]The Drudge Report and other media sources falsely accuse the Democratic Socialists of America (DSA), a leftist political organization in New York, of “sending people to MN to illegally vote for [Senator Paul] Wellstone.” Wellstone, a Democrat, is running for re-election as senator for Minnesota. Drudge’s headline links to a fundraising appeal from the DSA that asks for donations to send students to help register voters in Minnesota. The Drudge Report is one of the most popular news sites on the Internet, receiving over 100 million visits in the last month. The appeal reads in part: “DSA’s national electoral project this year is the Minnesota Senate Election. Together with YDS, DSA’s Youth Section, we are mobilizing to bring young people to Minnesota. Minnesota is one of the few states that allow same day voter registration. We will therefore focus our energy on registering young people. Wellstone will need a high percentage of young people to register and vote for him if he is to stave off the campaign that Bush, the Republicans, and the Greens are waging against him. He is the Right’s Number One electoral target. Because we are focusing on issue based voter registration this electoral work can be supported by tax-deductible contributions. The DSA FUND is soliciting tax-deductible contributions to support this project. Contributions are needed to underwrite the costs of transportation as well as providing a stipend for expenses; housing is being donated.” The appeal states that the DSA wants to send students to register voters, a perfectly legal activity, though Spinsanity’s Bryan Keefer notes that the appeal is somewhat confusing in its wording. [Spinsanity, 10/16/2002; Spinsanity, 10/18/2002] The Minneapolis Star-Tribune reports: “Minnesota, which always ranks high in voter turnout, generally is considered one of the easiest states in which to vote. Voters must reside in the state for at least 20 days before the election, a deadline that passed on the day the league issued its press release. If not preregistered, qualified people can vote if they show proof of their residency at the polling place or have a registered voter from that precinct vouch for their residency.” [Minneapolis Star-Tribune, 10/17/2002]
October 14 - The controversy begins with a press release from the Taxpayers League of Minnesota (TLM), a conservative advocacy group, that attacks the DSA’s voter registration effort as “one of the most transparent attempts to steal an election since the Daley machine ran Chicago politics.” The release mischaracterizes the DSA’s appeal as supposedly announcing the DSA’s intention to bring “ringers” in to Minnesota to vote, stating, “This is a transparent attempt to steal this election by using Minnesota’s liberal election laws to register out-of-state students to vote for Wellstone.”
October 15 - The DSA rewrites its appeal to read, “We will therefore focus our energy on registering young Minnesotans.”
October 16 - Matt Drudge puts a link to the DSA appeal on the top of his Web site, the Drudge Report, with the headline, “Socialists Sending People to MN to illegally vote for Wellstone.” Talk show host Rush Limbaugh tells his listeners: “[DSA has] been caught. ‘We are mobilizing to bring young people to Minnesota’ is what it says on the Web site. It doesn’t say ‘We are mobilizing to bring out the young people who live in Minnesota to vote,’ it doesn’t say that.… And then it says: ‘By the way, did you know Minnesota is one of the few states that allows same-day voter registration? You can go in there and register and vote and split the same day, you can go home, you don’t even have to spend the night in Minnesota and freeze if you don’t want to, you can go in there and vote and leave.’” Fox News anchor Brit Hume repeats the accusation this evening, telling viewers, “The Democratic Socialists of America, which bill themselves as the largest socialist organization in the country, is raising tax-deductible money to send young people to the state of Minnesota, where they can take advantage of same-day registration to vote for the liberal incumbent Paul Wellstone.” The DSA removes the appeal from its Web site, saying that it has received enough donations and its donation system was being abused. Keefer writes: “Criminal allegations are [a] serious matter. Drudge’s casual assertions of illegal activity are wildly irresponsible, especially since they are directly contradicted by the story itself. One would think he would at least read the stories he links to carefully before summarizing them with such potentially libelous accusations.” [Spinsanity, 10/16/2002; Spinsanity, 10/18/2002]
October 17 - A Manchester Union-Leader editorial claims, “The Democratic Socialists of America, otherwise known simply as socialists, have organized a campaign to steal the US Senate election in Minnesota.” David Strom, the head of the Taxpayers League, tries to back away from the controversy, saying: “My tongue was placed firmly in my cheek. There are so few socialists left that they could meet in a phone booth.” Strom adds that “even if they themselves [the DSA] are not plotting some grand voter fraud,” the TLM merely wishes to demonstrate that the “laws that we have make it easy to commit fraud.” (The Star-Tribune notes that Strom’s organization is “funded largely by donors to conservative Republican candidates and causes.”) DSA national director Frank Llewellyn says that the TLM’s characterization of the DSA’s voter-registration efforts constitutes a “new sophisticated form of red-baiting.” Llewellyn says his group plans to send between 10 and 20 people to Minnesota to help organize support for Wellstone, and that no one from the DSA will actually try to vote. Wellstone’s campaign issues a statement saying it knows nothing about the group and does not approve of any attempts to register illegally. It also deplores the success of the TLM in ginning up a controversy where none exists, citing extensive coverage on local radio talk shows. [Minneapolis Star-Tribune, 10/17/2002; Spinsanity, 10/18/2002]
October 18 - The Wall Street Journal joins the fray, claiming in an editorial, “The Democratic Socialists of America recently posted an ad on their Web site inviting tax-deductible contributions to ‘bring young people to Minnesota’ to vote in the close US Senate race there.” Unlike Limbaugh and Hume, the Journal provides more information about the claim, quoting Minnesota Secretary of State Mary Kiffmeyer about the concerns over voter fraud, and labeling the DSA ad “clear… advocacy.” The same day, Kiffmeyer’s office affirms that the DSA’s plans to bring in out-of-state students to register Minnesota voters is legal, but the organization needs to ensure that it does not cross the line into advocacy. Keefer writes: “While it is legitimate to ask whether the DSA’s advertisement constituted illegal advocacy, the ad was clearly intended to promote the registration of young voters likely to vote for Democratic Senator Paul Wellstone, which is perfectly legal. Even the loose wording of the original statement does not excuse the false reports of planned voter fraud propagated by Drudge, Limbaugh, Hume, and others.” [Spinsanity, 10/16/2002; Spinsanity, 10/18/2002]
'Smear' - In 2003, liberal author and columnist Eric Alterman will write that “Drudge and Limbaugh combined, together with Brit Hume of Fox News and the Wall Street Journal editorial page, to effect a smear against the Democratic Socialists of America (DSA), and by extension, the late Senator Wellstone’s re-election campaign.” (Wellstone will die in a plane crash on October 25.) Alterman will write that the incident contains “all the trademarks of the conservative echo-chamber effect, including unproven innuendo, inaccuracy, repeated cavalier use of unchecked facts, all in the service of a clear political/ideological goal.” [New York Times, 10/25/2002; Alterman, 2003, pp. 79-80]
Entity Tags: Paul Wellstone, Rush Limbaugh, Wall Street Journal, Minneapolis Star-Tribune, Matt Drudge, Taxpayers League of Minnesota, Manchester Union-Leader, Brit Hume, Mary Kiffmeyer, Bryan Keefer, Democratic Socialists of America, David Strom, Frank Llewellyn, Eric Alterman, Drudge Report
Timeline Tags: Civil Liberties
Governor Scott McCallum (R-WI), locked in a tight race with challenger Jim Doyle (D-WI), begins airing ads accusing Doyle, Wisconsin’s attorney general, of “bribing the mentally ill for votes.” McCallum’s ads accuse Doyle of being involved in an alleged vote-buying scheme, where a Democratic campaign volunteer at a Kenosha residential home, Frank Santapoalo, supposedly plied mentally challenged residents with bingo games, refreshments (soda and “kringle,” a type of pastry), and small cash prizes in return for their votes on absentee ballots. The ads call Doyle “crooked” and accuse the Doyle campaign of “vote-buying.” The McCallum campaign calls the allegations “Bingo-Gate,” and is joined in the allegations by state Republican chairman Rick Graber. An October 22 story by a reporter for WTMJ-TV in Milwaukee claims at least two residents of the home cast absentee ballots, and one of those two voters may have been a convicted felon (that allegation is soon withdrawn by WTMJ; there is a convicted felon living at the home, but that person did not fill out a ballot). Wisconsin law prohibits anyone from giving a voter anything worth more than $1 in value to influence their vote; according to WTMJ, the residents won an average of 75 cents in quarters as well as soda and pastries, ramping the value of their “gifts” to over the $1 limit. Video shot by WTMJ shows the home’s activity director, Tammy Nerling, telling the residents that there are absentee ballots upstairs in the home if they are interested in voting. The video also shows Santapoalo wearing a Doyle campaign sticker on his clothing. And a Democratic party worker, Angela Arrington, invited by Doyle to talk to the residents about absentee voting, is shown leaving the premises upon seeing the cameras on site. No one is seen on the videotape soliciting votes in return for money or sodas; moreover, the sodas were provided by the home, Nerling says, and not Santapoalo. Graber says: “They gave them quarters, they gave them food, and they gave them drink. [State law] says very clearly you can’t give them something of value in exchange for votes.” State Democratic Party spokesman Thad Nation says, “We haven’t seen any evidence that anything illegal was done.” Santapoalo and Nerling both say they do not recall anyone filling out ballots after the bingo game. Kenosha City Clerk Jean Morgan says that of the 33 absentee ballot forms taken to the home, about half have been returned. The ballots are not dated, she says, making it impossible to ascertain when they were completed. The residence orders absentee ballots for every election, she says. The owner of the residential home, Lee Hamdia, says no votes were bought at the bingo party, and calls reports to the contrary “misinformation and gross distortions.” Hamdia says that the two residents did cast ballots the same day as the bingo game, but were not induced to vote by the bingo game nor by any visitor to the home. The residents have denied having any “political discussion[s]” of any kind in their conversations with the volunteer. [Capital Times, 10/24/2002; Milwaukee Journal-Sentinel, 10/24/2002; Capital Times, 10/31/2002; Milwaukee Journal-Sentinel, 10/31/2002] Nerling says bingo games with small prizes are a staple of residence life, taking place several times a week, and often sponsored by outside groups, including political organizations of all persuasions. Santapoalo says he has a relative living at the home, and has been visiting there for about 12 years. Nerling and admissions director Trish O’Dell say the residents have the mental capacity to cast votes, and some of them have long-standing affiliations with political parties. [Milwaukee Journal-Sentinel, 10/24/2002]
'Character Assassination' - Three former Wisconsin governors, Tony Earl, Martin Schreiber, and Gaylord Nelson, issue a joint statement calling the ads “character assassination”; Representative David Obey (D-WI) compares McCallum’s campaign tactics with the tactics of the late Senator Joe McCarthy (R-WI) and calls the ads “despicable.” After the criticism is joined by negative observations in the national press, McCallum’s campaign begins airing “softer” versions of the ads that replace the characterization of “crooked” with the accusation that Doyle’s purported vote-buying “shames us.” The ads also continue alleging that a felon cast a vote at the home, even though Morgan says that is not the case, and continue alleging that Doyle was “caught bribing the mentally ill for votes” and “votes were bought,” charges that are not substantiated by evidence. Doyle’s campaign says McCallum toned down the ads because they were caught “red-handed” making false charges; the Doyle campaign says that the new versions of the McCallum ads are also false. McCallum’s campaign manager denies that the ads were toned down because of criticism over the earlier television ads, and McCallum says Doyle and his supporters are attacking the credibility of the allegations because “there isn’t a defense for what [Doyle has] done.… The issue is what they did to disenfranchise voters, every voter in Wisconsin. Jim Doyle ought to apologize for the national shame he has brought on the state of Wisconsin.” Wisconsin Republicans say they intend to ask for a federal investigation of the bingo party, a request that state Democrats call a “political stunt.” A state prosecutor is investigating the claims. Political science professor Ken Goldstein says: “I’ve watched a lot of ads. This one, unless I see a lot of good evidence from McCallum’s folks, is over the line.”
Attempt to Lower Voter Turnout? - Another political science professor, David Littig, says the ads are designed for undecided voters, using unsupported emotional appeals to either persuade them to vote for McCallum or to stay home and not vote for Doyle. “The whole tone of the [McCallum] campaign has been to suppress the turnout,” Littig says. Doyle agrees, saying: “If people vote I’m going to win this election easily. McCallum is playing a cynical game right now. He’s trying to do everything he can to keep people from going to the polls.” Former Senate candidate Ed Garvey (D-WI), who narrowly lost an election when his opponent leveled false charges that he stole $750,000 of union money, says of the McCallum campaign: “They must be completely worried that this thing is falling apart. If you are doing well, you don’t call the other guy a crook.” [Capital Times, 10/31/2002; Milwaukee Journal-Sentinel, 10/31/2002]
No Charges Filed - Two days later, the special prosecutor investigating the case refuses to file charges, saying no evidence exists of any wrongdoing (see November 2, 2002). McCallum will lose the election to Doyle. The New York Times will call the entire campaign as conducted by both parties highly negative, and will say that McCallum’s attempts to accuse Doyle of voter fraud and other allegations “appeared to backfire” with voters. [New York Times, 11/7/2002]
Entity Tags: Lee Hamdia, James E. (“Jim”) Doyle, Gaylord Nelson, Frank Santapoalo, Ed Garvey, David Littig, Angela Arrington, Ken Goldstein, Jean Morgan, Wisconsin Republican Party, Tony Earl, WTMJ-TV, Trish O’Dell, Tammy Nerling, Thad Nation, New York Times, Martin Schreiber, Rick Graber, Scott McCallum
Timeline Tags: Civil Liberties
The federal government enacts the Help America Vote Act (HAVA), as signed into law by President Bush. The law provides federal funds to states to improve election administration and to replace outdated or obsolete voting systems. The law also provides minimum standards for states to follow in election administration, and creates the existence of “provisional ballots” for voters to use in disputed circumstances. [U.S. Election Assistance Commission, 2010; American Civil Liberties Union, 2012]
A special prosecutor says he will not file charges in the alleged “voter fraud” by a Democratic gubernatorial candidate in Wisconsin. Governor Scott McCallum (R-WI) charged his opponent, Attorney General Jim Doyle (D-WI), with buying votes from the residents of a home for the mentally challenged in Kenosha (see October 22-31, 2002). Special prosecutor Ted Kmiec says no charges will be filed because he cannot prove beyond a reasonable doubt that any violations of state election law occurred. The residents did receive “gifts” in the aftermath of bingo games, Kmiec says—typically less than $2 in quarters and soda—but no evidence exists that votes were solicited for those gifts, no evidence of any political discussions from the Doyle volunteer hosting the games exists, and no one handed out campaign materials. The volunteer who hosted the games has been visiting the residential facility for at least 12 years, and has a family member staying there. Everyone who did cast an absentee ballot at the residence is an eligible voter, Kmiec adds. Doyle lambasts McCallum for issuing the charges and for running a spate of television ads accusing Doyle of being “crooked” and of “bribing the mentally ill for votes.” He demands an apology from McCallum and for the state news media to set the record straight. “This is a clean bill of health for my campaign and an indictment of Scott McCallum’s campaign of distortion and character assassination,” Doyle says in a statement. “No one was bribed. No one’s vote was influenced. Nothing improper took place. My campaign and I have been falsely accused.” For his part, McCallum and his campaign claim the investigation by Kmiec was tainted, because Kmiec was appointed by Kenosha County District Attorney Robert Jambois, a Doyle supporter. The McCallum campaign charges Kmiec with “a clear conflict of interest.” State Republican chairman Rick Graber says regardless of Kmiec’s findings, he still believes Doyle committed “voter fraud.” Graber says the Wisconsin Republican Party will continue with the allegations until the election on November 4. Doyle campaign director Bill Christofferson says that he now believes the reporter who made the initial allegations, WTMJ-TV’s Scott Friedman, himself asked the residence’s activities director, Tammy Nerling, to encourage residents to fill out absentee ballots. Nerling says Friedman asked her if his crew could film the residents voting, a request Christofferson says is “fishy” in retrospect. WTMJ says any allegations of complicity between Friedman and the McCallum campaign, or any suggestions that Friedman tried to encourage illicit voting behavior, are “outrageous.” [Milwaukee Journal-Sentinel, 11/2/2002]
Mark Barnett in 2009. [Source: Keloland TV (.com)]Mark Barnett, the attorney general of South Dakota, says that Republican allegations of voter fraud in the recent election of Senator Tim Johnson (D-SD) over challenger John Thune (R-SD) are baseless. Barnett is a Republican. Republican National Committee (RNC) officials have turned over 50 affidavits to Barnett’s office, alleging an array of crimes and improprieties. Barnett says only one allegation merits any further inquiry. “Many of the things alleged simply are not crimes,” Barnett says. “Those affidavits simply do not give me cause to think there was an election rip-off.” RNC officials secured affidavits from Republican poll watchers after Johnson’s 524-vote victory over Thune, and gave the affidavits to South Dakota prosecutors in late November. Barnett intends to investigate claims that voters were offered cash to vote. “It’s the two or three affidavits out of 50 that really jumped out and grabbed me as something I need to follow up on,” he says. “I don’t express any opinion on whether those affidavits are true or can be proved. We’re going to have those interviews done.” The “cash for votes” allegation was made in three of the 50 affidavits. One affidavit features a witness claiming she was offered money to vote, and two are from people who say they overheard voters being offered money. The other affidavits allege crimes or improprieties where there were none. “Realistically, many of the things set out in those affidavits are not crimes,” Barnett says. “They are what I would call local election-board management problems. A fair number could be read as complaints about how effective the Democratic get-out-the-vote effort was. They had people watching, then jumping on the phone to one of their drivers.” Even if all of the allegations were true, Barnett says, the results of the election would not change. The RNC says after Barnett’s statement: “The information that the attorney general reviewed is only one area of the problems reported with the election. This is not just about criminal activity but about how the people of South Dakota carry out their elections. They will have to decide at both the local level and the State Legislature whether changes need to be made to the system.” A spokesperson for Johnson says Thune could stop all of the dissension and allegations if he would speak out against them. Thune is referring all questions about the election to the RNC. Some of the unfounded allegations include: poll workers offering variants of names to voters until a match could be found in voting records; stickers being placed over votes for Thune on ballots to fool voting machines into not counting the votes; and what the Rapid City Journal characterizes as “a high degree of coordination between poll workers in some precincts and workers for the Democratic Party.” Barnett is particularly irritated by Republican complaints that Democrats forced polls in some counties to stay open too long. Some county polls stayed open until 8 p.m. Central Standard Time; because the counties in question are in the Mountain time zone, they were required by law to stay open until 7 p.m. Mountain, which is 8 p.m. Central. “Saying the polls were open too long is not an accurate way to describe it. It was opened too early,” Barnett says. “Several affidavits assume that Democratic operatives are the ones who made it stay open. That’s not accurate. It was Republican officials who made the decision, myself among them.… If you screw up and open at 6, you don’t fix a morning screw-up by doing an evening screw-up. If a voter had walked up to a polling place at 6:30 p.m. and found a padlocked door, we would have had the clearest case of a voter-rights violation that I ever heard of. If statute says you’re open until 7, you’re open until 7.” Barnett says many of the complaints were of the effective Democratic efforts of getting voters to the polls in vans, and of Democrats working on those efforts inside polling places. These are extraordinarily low-level infractions, Barnett says, and are routinely committed by workers of both parties in every election. The RNC has refused to provide copies of the allegations to local reporters [Rapid City Journal, 12/10/2002] but will provide them to Byron York, a reporter for the conservative National Review. York will write an article alleging “massive voter fraud” based on the affidavits (see December 19, 2002). Three days later, Barnett will report that the allegations of “vote buying” are groundless. One of the witnesses on the three affidavits could not be located. The second said his signature had been forged on the affidavit. The third said she signed the affidavit after being pressured by a friend. Barnett says: “These affidavits are either perjury or forgery, or call them what you will. They are just flat false.” [Talking Points Memo, 12/16/2002]
Joshua Micah Marshall of the influential liberal news blog Talking Points Memo (TPM) writes that charges of “massive voter fraud” that supposedly gave Senator Tim Johnson (D-SD) a narrow victory over challenger John Thune (R-SD) are not only spurious, but deliberately “trumped up” by the Republican National Committee (RNC) working with the Thune campaign. Marshall finds the RNC’s allegations of voter fraud being primarily committed on Indian reservations particularly objectionable. The “wild-eyed allegations,” he writes, “were then amplified by a number of local reporters who turned out to be working in embarrassingly close coordination—in one case, cohabiting—with the Republican operatives who ginned up the accusations in the first place.” Marshall calls the allegations a coordinated effort to block Democratic “get out the vote,” or GOTV, efforts, as well as to “stir up politically-helpful racial animosity.” He writes that Thune and the RNC are using advertisements and mailings to accuse Johnson of being personally involved in the purported fraud, and notes that while Thune graciously conceded the election, his campaign operatives fanned out through South Dakota’s reservations collecting affidavits alleging a wide variety of crimes and improprieties. State Attorney General Mark Barnett found the allegations to be entirely groundless (see December 10, 2002). However, the RNC also gave the affidavits to Byron York of the conservative National Review; York is in the process of preparing a lengthy article on the subject (see December 19, 2002). Marshall writes that the only real crimes may have been committed by “RNC operatives caught filing perjurious or forged affidavits to prove their phony case.” [Talking Points Memo, 12/16/2002] In October, Marshall noted that groundless allegations of absentee ballot fraud were made by a local reporter who lived with a lawyer for the Thune campaign. [Talking Points Memo, 10/18/2002]
The cover of the current National Review, labeling Tim Johnson an ‘Invalid Senator’ and claiming to tell ‘How the Democrats Stole a Senate Seat.’ The allegations behind the cover story have already been proven false by the time the story is published on the Internet. [Source: Free Republic (.com)]The National Review’s Byron York publishes a detailed article alleging that, in November 2002, Democrats committed massive voter fraud in South Dakota in order to ensure Senator Tim Johnson (D-SD) won re-election against opponent John Thune (R-SD). York accuses South Dakota Democrats of using Native American votes to “throw” the election. York reports that Democrats “deployed” 10,000 lawyers nationwide, including the contingent sent to Mission, to ensure that voting rights would be protected. In South Dakota, he writes, “compelling evidence” based on testimony from South Dakota poll workers shows that some of the Democratic lawyers “engaged in illegal electioneering, pressured poll workers to accept questionable ballots, and forced polling places in a heavily Democratic area to stay open for an hour past their previously-announced closing time. In addition, the testimony contains evidence of people being allowed to vote with little or no identification, of incorrectly marked ballots being counted as Democratic votes, of absentee ballots being counted without proper signatures, and, most serious of all, of voters who were paid to cast their ballots for Senator Johnson.” The allegations, if true, would constitute voter fraud on a massive scale. York says the testimony is collected “in more than 40 affidavits collected by Republicans in the days after the election and obtained by National Review,” and supplemented by “interviews with state and local officials.” York alleges that “hundreds of votes” for Johnson “were the product of polling-place misconduct.” Johnson won the election by a few hundred votes. “Had those votes not been added to his total, it seems likely that the senator, who won by just 524 votes, would instead have lost, and John Thune would today be South Dakota’s senator-elect.” [National Review, 12/19/2002]
Allegations False, Says South Dakota Attorney General - South Dakota Attorney General Mark Barnett, a Republican, has said the most serious of the affidavits are either “perjury or forgery,” and says the allegations of illegality are “flat[ly] false.” Barnett said most of the accusations were not illegal, but simply evidence of effective get-out-the-vote (GOTV) efforts by Democrats (see December 10, 2002). And liberal news blogger Joshua Micah Marshall wrote that the only verifiable crimes may have been committed by Republicans who fraudulently concocted bogus allegations of voter fraud (see December 16, 2002). [Rapid City Journal, 12/10/2002; Talking Points Memo, 12/16/2002]
Illegal Operations inside Polling Places? - York recounts accusations from an election board member, Noma Sazama, in Mission, South Dakota, that “out-of-town” Democratic poll watchers tried to “intimidate” her as they coordinated GOTV efforts from a Mission polling place. A Republican poll watcher in Todd County, Ed Assman, recounts a similar story to Sazama’s, of Democratic lawyers from out of town setting up shop inside a polling place, this one in Parmalee; a third witness who refuses to be identified says he saw Democratic poll workers running carpools “out of the polling place.” Holding such operations inside a polling place is illegal under South Dakota law, and South Dakota officials admitted after the election that such operations may have indeed taken place. State election supervisor Chris Nelson told a Todd County reporter, “That type of office operation to conduct a partisan campaign operation should not have been happening at the polling place.”
Allegations of Paying Voters - Assman says he personally watched Democratic poll watchers give cash to van drivers who were transporting voters back and forth from the polls. Another witness, who refuses to be identified, tells York that the watchers gave out “wad[s] of twenties.” That same witness says a Democratic poll watcher later explained the money was for gas. A Republican poll watcher in Mission makes similar allegations. York says that the stories “have raised suspicions that Democrats were perhaps buying more than gasoline,” suspicions that are bolstered by three witnesses in Todd County who say that van drivers offered them cash to vote for Johnson. All three affidavits say that the witnesses were offered $10 to vote, presumably for Johnson. York writes: “None [of the affidavits] explicitly says the voters accepted the money—this would be a confession of a crime—but there is little doubt that they did. And even if they did not, simply offering money for a vote is a crime under South Dakota law, which forbids anyone ‘to pay, lend, contribute, or offer… any money or other valuable consideration’ to anyone for a vote.” In an update to the article, York notes that Barnett has found two of the three affidavits and considers the third “suspect.” Barnett believes the affidavits may be the work of a single man on the Rosebud Indian Reservation, though that man, a registered Democrat, says he knows nothing of the affidavits. The man has told a Sioux Falls reporter that “people on the streets” told him that “they” were paying people with $10 bills or cigarettes to go vote, “and if you couldn’t get there, they would give you a ride.”
Time Discrepancy - Todd County auditor Kathleen Flakus twice published notices in the local press that polls would be open on Election Day, November 2, from 7 a.m. to 7 p.m. Central Standard Time (CST). According to government maps, Todd County is west of the time-zone line that splits South Dakota, placing the county in Mountain Standard Time (MST). The Todd County populace routinely operates on Central time. On Election Day, a Democratic election official named Iver Crow Eagle showed up almost an hour late to one Todd County polling place, forcing that polling place to alter its hours from 7 a.m. - 7 p.m. to 8 a.m. - 8 p.m. The time change is allowable under state law. However, Democratic poll watchers asked that all the Todd County precincts be allowed to stay open until 8 p.m. Todd County is heavily Democratic, York says, providing a possible motive for the request. The Democratic lawyers also asked that precincts in Mellette County be allowed to stay open until 8 p.m.; like Todd, Mellette is technically in Mountain time but the populace keeps Central time. The lawyers argued that the polls should stay open until 7 p.m. MST, which is 8 p.m. CST. York says Flakus and the “[l]ocal election officials were flabbergasted” by the request. However, state officials found that the Democrats were legally correct, and the precincts stayed open until 8 p.m. CST. Republican officials attempted to force the polls to close at 7 p.m. CST, York reports, calling the extra hour an “unconstitutional” dilution of other counties’ votes, whose citizens cast their votes “during proper hours.” The Republicans also asked that the ballots cast after 7 p.m. CST be segregated from the other ballots in case a judge ruled in favor of the original closing time. A state circuit judge dismissed the requests without comment, and the polls stayed open an extra hour in the two counties. Witnesses later tell York that they saw well over a hundred voters cast their votes during the extra hour. “Given the voting patterns of the area, it’s likely that nearly all of those extra votes were Democratic,” York writes. “[I]t seems reasonable to estimate that the extended voting hours gave Tim Johnson an additional 200 or so votes” in Todd County alone.
Voter Registration Fraud? - Democrats from the state and national party worked to register thousands of new voters during the run-up to the November election, specifically working on Indian reservations. The effort secured some 17,000 new voters, York says. However, he cites a news report that alleged “bounty hunters” were paid ”$3 per head” to register new voters, which he calls “an invitation to fraud.” One Democratic volunteer, Becky Red Earth Villeda, made almost $13,000 from registering new voters. Before the election, state prosecutors said that 15 “phony ballots,” in York’s words, were “associated with Villeda.” The prosecutors were investigating 1,700 others and were considering filing charges against her. South Dakota Deputy Attorney General Larry Long told reporters: “It appears that we were able to get her stopped before she actually cast any fraudulent ballots. But it’s conceivable that she was able to get ballots cast that we don’t know about.” York says that at least three absentee ballot requests—not ballots—from the Cheyenne River Indian Reservation, in Dewey County, may have also been fraudulent. A witness at a Dewey County polling place later alleges that he saw “15 or 20” people come to vote, only to find that records indicated they had requested absentee ballots when they said they had not made such requests. One of those voters told election officials that the signature on the ballot request was not his. At another precinct, another witness says the same thing happened with ten voters, and a third witness says a similar occurrence happened to seven voters at another Dewey County precinct. York says it is “reasonable” to presume that many other occurrences took place, and many improper absentee ballots may have been cast. Sazama tells York that she saw ballots cast at her Todd County precinct that “didn’t look right.” She says she saw several signatures that appeared to match the voters’ signatures, but they “all looked like they had been signed by the same person.” Those votes were counted. York says that along with the “suspicious” absentee ballot issues, “there were widespread problems with voter identification,” including a number of instances where voters presented themselves to an election judge, found that their given names were not listed, and were given the opportunity to vote under what a Republican witness in Mellette County calls “alternate names.” Another unnamed observer says similar instances happened at a polling place in Shannon County, home of the Pine Ridge Indian Reservation. And Assman says he saw similar instances in Todd County. York says that Democratic lawyers at polling places “pressured election officials to allow people to vote, whatever the problem with names,” and quotes an unnamed Republican election official as saying the lawyers “intimidated” local officials.
Vote Surge Gives Johnson the Victory, Votes May Be 'Improper' - York writes that the voting improprieties may be the reason why Thune maintained a narrow lead in vote counts throughout the evening of November 2, until late in the vote counting, when Thune led by almost 1,000 votes with only six precincts remaining. Five precincts in Shannon County gave Johnson the victory, York says, coming in at an “unusual” 91.4 percent of votes cast going to Johnson. Shannon County is an “overwhelmingly Democratic area,” York concedes, but alleges that many of the Shannon County ballots had “significant problems” that caused them to be rejected by the optical scan machines counting the votes and processed by a resolution committee. The problems with the optically scanned votes caused the Shannon County votes to be among the last reported. Later, a Republican member of the resolution committee named Lee Linehan says she may have inadvertently let “improper” votes go through, due to her exhaustion and unfamiliarity with the process. York implies that her Democratic committee partner, whom he only identifies as “a lawyer,” may have influenced her to send ballots through regardless of their possible improprieties. Linehan tells York, “I believe the race would have been much closer had we paid more attention.”
Conclusion - York alleges that, in conclusion, Johnson and “an army” of Democratic lawyers improperly threw the election for Johnson. “[T]he accounts of dozens of eyewitnesses at the polling places,” he writes, suggests “the electoral system was not fully trustworthy and in fact failed to stop serious violations of election laws committed by Johnson’s supporters.” The small number of votes in one county after another—200 in Todd, 250 in Shannon, 100 in Dewey, and around 200 in other counties—may have given Johnson the edge he needed to claim a narrow victory. York writes, “[I]t seems reasonable to conclude that, had Democratic misconduct not occurred in those counties, John Thune would have won.” Thune chose not to ask for a recount, as was his right under South Dakota law. York explains that Thune did not wish to put the state’s voters under what Thune called a “long, drawn-out, painful, and protracted struggle over 524 votes.” York goes on to note that Thune dropped broad hints that he felt improprieties cost him the election. Some of the problems were most likely “homegrown,” York says, and cites what he calls previous “allegations of voting irregularities on some of the reservations, particularly in tribal elections.” However, the improprieties that he says cost Thune the election “went far beyond local fraud, and are instead attributable to the team of party operatives sent to South Dakota from the DNC’s headquarters in Washington.” York says the local Republican officials should have been prepared for just such problems, citing Democratic National Committee (DNC) chairman Terry McAuliffe’s promise that lawyers would be at polls in every state, and implying that McAuliffe and the DNC concocted a scheme to steal elections throughout the nation through the auspices of this “army” of lawyers. “[T]he evidence from South Dakota suggests that some of them were on the lookout to commit voter fraud,” he writes, “to steal the election under the guise of preventing it from being stolen.” York concludes that the Democrats’ success in South Dakota will only encourage them to try even harder to steal elections in future elections. [National Review, 12/19/2002]
Purged - The National Review will later purge the York article from its database.
Entity Tags: Ed Assman, County of Shannon (South Dakota), County of Mellette (South Dakota), County of Dewey (South Dakota), Chris Nelson, Byron York, Becky Red Earth Villeda, Democratic National Committee, Tim Johnson, Noma Sazama, County of Todd (South Dakota), Mark Barnett, Lee Linehan, Larry Long, National Review, Iver Crow Eagle, Kathleen Flakus, Terry McAuliffe, Joshua Micah Marshall, John Thune
Timeline Tags: Civil Liberties
US Secretary of Defense Donald Rumsfeld sends a classified paper to Secretary of State Colin Powell, Vice President Dick Cheney, and CIA Director George Tenet. In the paper, Rumsfeld says that the US should not hand over control of Iraq to the Iraqis too quickly. There should first be a guarantee that any new Iraqi government will be “friendly” to the US, he says. [Gordon and Trainor, 3/14/2006, pp. 479]
A button supporting the Texas Democrats, nicknamed the ‘Killer D’s.’ [Source: Ebay (.com)]The Republican leadership of the Texas legislature sends agents from the Department of Homeland Security (DHS), the Texas Rangers, state troopers, and members of the Special Crimes unit to locate and apprehend over 50 Democratic state legislators who have left the state to prevent a quorum from being reached. The state Democrats left Austin, and the state, in order to prevent the Republican leadership from passing a controversial electoral redistricting plan that they say discriminates against minority voters (see 2002-2004). One Democratic lawmaker, Representative Helen Giddings, is apprehended. Many of the Democrats are staying for the time being in Ardmore, Oklahoma. One Democrat, Representative Craig Eiland, says that police officers questioned his wife in Galveston, where their newborn twins are in intensive care. He calls the law enforcement efforts to “find” him and his colleagues “bordering on harassment,” and advises, “Let the good guys go back to catching the bad guys and let the politicians deal with each other.” Under Texas law, even though the Democrats are committing no crime in refusing to participate in the legislative session, state law enforcement officers have the authority to arrest members of the legislature and forcibly return them to Austin to allow the legislature to achieve a quorum. [Fort Worth Star-Telegram, 5/14/2003]
Use of Federal Resources; DHS 'Furious' at Involvement - US Representative Tom DeLay (R-TX) says that the Speaker of the Texas House, Tom Craddick (R-Midland), has asked for the intervention of the FBI and/or US Marshals to “go up and get those members.” Craddick denies making any such request. The US attorney’s office in San Antonio says that an “unidentified person” called it with an inquiry about federalizing the “arrest warrant.” A Justice Department spokesperson says the issue is entirely a state matter, and “would not warrant investigation by federal authorities.” The Air and Marine Interdiction and Coordination Center, a federal agency under the purview of the DHS, is involved for a time in a search for a private plane belonging to former House Speaker Pete Laney (D-Hale Center). The agency’s purpose is to engage in counterterrorism activities. Craddick says that the agency was successful in locating the airplane in Ardmore, alerting him that many of the Democrats are in that town. Craddick says: “We called someone, and they said they were going to track it. I have no idea how they tracked it down. That’s how we found them.” Bush administration officials promised that DHS agencies and officials would not operate within American borders when the agency was created. [Fort Worth Star-Telegram, 5/14/2003; CommonDreams, 5/14/2003] According to DHS officials, someone in the Texas Department of Public Safety (DPS) calls the Air and Marine Interdiction Coordination Center on May 12 and says: “We got a problem and I hope you can help me out. We had a plane that was supposed to be going from Ardmore, Oklahoma, to Georgetown, Texas. It has state representatives in it and we cannot find this plane.” The center agrees to help, DHS says, because “from all indications, this request from the Texas DPS was an urgent plea for assistance from a law enforcement agency trying to locate a missing, lost, or possibly crashed aircraft.” DHS officials contradict Craddick by denying that the center found Laney’s plane in Ardmore. Senator Joseph Lieberman (D-CT) says: “I am outraged that Homeland Security resources are being used to help settle partisan scores. It’s inconceivable that anyone would waste scarce department resources for such an indefensible purpose.” Lieberman is demanding an investigation into the matter. Representative Jim Turner (D-TX), the ranking Democrat on the House Select Committee on Homeland Security, says he is reminded “of the days of Watergate, when federal resources were used for purely partisan political purposes.” According to the New York Times, DeLay is working closely with Craddick on the matter, though a DeLay spokesman denies that anyone from DeLay’s office has had any contact with DHS, and adds, “This is a smoke screen from the Democrats, who will say or do anything to change the subject from shirking their constitutional responsibilities.” DPS spokesperson Tom Vinger refuses to say specifically what his department has done to find the legislators, saying only: “We were ordered to begin an investigation into the missing legislators by the Texas House and to take them into custody if we found them and bring them back to the House chambers. Those were our orders. And we used very basic, routine investigative procedures in an attempt to do this.” DHS officials tell a Times reporter on the condition of anonymity that they are furious about being involved in the search. [Utne Reader, 5/2003; New York Times, 5/15/2003] Craddick soon orders all records of the Republicans’ search for the Democrats to be destroyed, sparking outrage among the Democrats, who demand accountability and say Craddick is trying to hide something. [CBS News, 5/21/2003]
Questioning Family Members - Law enforcement officers have questioned the children of Representative Joe Pickett, angering Pickett’s wife Denise. And Carol Roark, the wife of Representative Lon Burnam, says police officers appeared at her home in Fort Worth and announced they were there to “arrest” her husband; one officer told her, “I’m here on the order of Tom Craddick to arrest Rep. Lon Burnam.” Roark says she laughed at the officer, and says, “I think it was a pretty silly use of tax dollars.” Dallas Mayor Laura Miller, whose husband, Representative Steve Wolens, is in Ardmore, says that police officers have camped out overnight in front of her home. Miller says, “I felt very safe last night because there were two DPS officers who slept in front of my home.” [Fort Worth Star-Telegram, 5/14/2003]
Mixed Reactions - Reaction to the Democrats’ exodus is mixed. Supporters have dubbed them the “Heroes of the House” and the “Killer D’s,” the latter a reference to a similar action taken by Texas Senate Democrats in the late 1970s. Republicans in Texas and Washington have labeled the Democratic lawmakers “cowards” and “terrorists.” Many Texas news outlets have shown sympathy to the Democrats and have criticized what some call the excessive reaction by the Republican leadership. [CommonDreams, 5/14/2003] DeLay says the Democrats who have left Texas “may not be patriots,” and adds, “Representatives are elected and paid for by the people with the expectation that they show up for work and do the people’s business and have the courage to cast tough votes.” In response, Representative Martin Frost (D-Arlington) says in regards to the redistricting plan: “Tom DeLay would be perfectly happy in the old Soviet Union. He wants one-party government. He doesn’t believe in a two-party system.” DeLay’s House colleague, Lloyd Doggett (D-TX), says, “It is easier, I think, for Tom to manipulate these lines… than it is to win elections.” [Dallas Morning News, 5/14/2003; New York Times, 5/15/2003]
Order Expires - The order from the Republican leadership is essentially vacated on May 15, when the Texas House, formerly “standing at ease,” officially adjourns. At that point, the “call on the House,” under which law enforcement officials are authorized to apprehend and forcibly return recalcitrant lawmakers, is abated. They return to Austin on May 16. Representative Jim Dunnam (D-Waco), who helped organize the retreat, says, “Government is by the people and for the people, and we had to go to Oklahoma to say government is not for Tom DeLay.” The delay causes the redistricting bill to lapse, but it will be brought up again in the next session, according to Texas Republicans. Representative Beverly Woolley (R-Houston) says: “Texas is a Republican state by all voting population, and they [Republicans] deserve to have greater representation in Congress. Sooner or later, we will redistrict. This is not over.” [New York Times, 5/15/2003; Houston Chronicle, 5/16/2003]
Entity Tags: James Dunnam, US Department of Homeland Security, Denise Pickett, Tom DeLay, US Department of Justice, Helen Giddings, Craig Eiland, Carol Roark, Air and Marine Interdiction and Coordination Center, Beverly Woolley, Bush administration (43), Tom Craddick, Texas State Legislature, Tom Vinger, Texas Rangers, Laura Miller, Martin Frost, Lloyd Doggett, Lon Burnam, Texas Republican Party, Joe Pickett, Joseph Lieberman, Jim Turner, Steve Wolens, Texas Department of Public Safety, Pete Laney, New York Times, Texas Democratic Party
Timeline Tags: Civil Liberties
L. Paul Bremer, the head administrator of the Coalition Provisional Authority, abandons a goal put forth by Jay Garner and Zalmay Khalizad to assemble a meeting by the end of May in order to establish an interim Iraqi government. Bremer instead chooses to go with a “step-by-step” approach whereby the constitution would be drafted before elections are held. [Gordon and Trainor, 3/14/2006, pp. 479]
US administrator in Iraq Paul Bremer unilaterally decides to cancel mayoral elections, scheduled for June 21, in the city of Najaf. It would have been Iraq’s first election. According to Bremer, conditions in Najaf are not yet right for an election. It would have been “premature,” he says. A senior official in Bremer’s office tells the New York Times, “The most organized political groups in many areas are rejectionists, extremists and remnants of the Baathists. They have an advantage over the other groups.” [Agence France-Presse, 6/17/2003; New York Times, 6/19/2003] In other parts of Iraq mayors are being selected by town councils elected by US-installed community delegates. [New York Times, 6/19/2003; Washington Post, 6/28/2003]
In the case of Federal Election Commission v. Beaumont, the Supreme Court rules that the ban on direct corporate donations by the Federal Election Campaign Act (FECA—see February 7, 1972) is constitutional. The case concerns a challenge to the law by Christine Beaumont and North Carolina Right to Life (NCRL), an anti-abortion advocacy group that sued for the right to donate directly to political candidates under the First Amendment. Beaumont and the NCRL were twice denied in lower courts, and have appealed to the Supreme Court. In a 7-2 decision, the Court upholds the ban. The majority opinion is written by Justice David Souter, who rules that the ban on direct contributions is consistent with the First Amendment. The Court cannot find in favor of NCRL, Souter writes, “without recasting our understanding of the risks of harm posed by corporate political contributions, of the expressive significance of contributions, and of the consequent deference owed to legislative judgments on what to do about them.” Two of the most conservative justices on the Court, Antonin Scalia and Clarence Thomas, dissent, arguing that the ban is not constitutional. [Brennan Center for Justice, 6/16/2003; Oyez (.org), 2009]
Paul Bremer, the US administrator for Iraq, tells the Washington Post: “I’m not opposed to [self-rule], but I want to do it a way that takes care of our concerns…. In a postwar situation like this, if you start holding elections, the people who are rejectionists tend to win… It’s often the best-organized who win, and the best-organized right now are the former Baathists and to some extent the Islamists.” [Washington Post, 6/28/2003]
US administrator in Iraq Paul Bremer tells the Washington Post in an interview,
“I’m not opposed to [elections in Iraq], but I want to do it a way that takes care of our concerns… Elections that are held too early can be destructive. It’s got to be done very carefully.” [Washington Post, 6/28/2003]
Walter O’Dell, CEO of Diebold Systems, says in a fundraising letter, “I am fully committed to helping Ohio deliver its electoral votes to the president next year.” O’Dell’s firm manufactures the electronic voting machines widely used in Ohio elections. Ohio’s Secretary of State Kenneth Blackwell (R-OH), the state official in charge of voting in that state, is also co-chair of the Ohio Bush-Cheney re-election campaign; by the November 2004 vote, Blackwell will successfully place Diebold voting machines in some 40 percent of Ohio polling places. [Hunt, 9/1/2009, pp. 13]
Richard Butler, the aging and ailing leader of the disintegrating Aryan Nations (see Late 2000 - 2001), runs for mayor of Hayden, Idaho. Two of his roommates and followers, Zachary Beck and Karl Gharst, run for city council seats. None of them get more than 3 percent of the vote, and Beck spends Election Day in jail, charged with punching a Latino man in the face. [Southern Poverty Law Center, 2010]
Arnold Schwarzenegger. [Source: Los Angeles Times]Six women report being touched in a sexually inappropriate manner by actor and California gubernatorial candidate Arnold Schwarzenegger over the last three decades. The women say Schwarzenegger groped and fondled them on movie sets, in movie studio offices, and in other settings, all without their consent. The Los Angeles Times writes that three of the women say Schwarzenegger “grabbed their breasts,” a fourth says Schwarzenegger “reached under her skirt and gripped her buttocks,” a fifth reports reports that Schwarzenegger “groped” her and tried to pull off her bathing suit in a hotel elevator, and a sixth, according to the Times, says “Schwarzenegger pulled her onto his lap and asked whether a certain sexual act had ever been performed on her.” The incidents go back to the 1970s, with one taking place in 2000. One woman says of her encounter with Schwarzenegger, “Did he rape me? No. Did he humiliate me? You bet he did.” Schwarzenegger, a Republican, is the front-runner in the gubernatorial recall elections, to be held on October 7. A campaign spokesman, Sean Walsh, says Schwarzenegger never engaged in any inappropriate conduct towards women, and adds that he believes California Democrats are “trying to hurt [his] campaign.… We believe that this is coming so close before the election, something that discourages good, hard-working, decent people from running for office.” None of the women were identified by any of Schwarzenegger’s rivals, and none came forward on their own; they were all found and interviewed by Times reporters. Schwarzenegger has a history of being accused of sexual impropriety, with accusations ranging from lewd and inappropriate comments to physical assault; the Times reports some of those older allegations as well. No one has ever filed legal charges against Schwarzenegger, and many of his Hollywood colleagues defend his behavior, calling him “fun” and “charming.” [Los Angeles Times, 10/2/2003] Within hours, the Schwarzenegger campaign will launch a powerful counterattack against the charges, and conservative pundits, backing the actor’s campaign, will accuse the Times and other media outlets of “liberal bias” and of attempting to destroy Schwarzenegger’s political career with unfounded accusations (see October 2-October 8, 2003).
A 2004 photo of Arnold Schwarzenegger and his wife, Maria Shriver. [Source: Peace Corps Online (.org)]The campaign of Arnold Schwarzenegger (R-CA), the leading contender in California’s gubernatorial recall election, launches a strong counterattack against a Los Angeles Times story that reported six women’s accusations that Schwarzenegger sexually assaulted them (see October 2, 2003).
Candidate Apologizes - The campaign denies the accusations, but Schwarzenegger backs away from his campaign’s initial insistence that he had never acted inappropriately around women. He now says that he had “behaved badly sometimes” and “done things which were not right, which I thought [were] playful [on movie sets]. But I now recognize that I have offended people. And to those people that I have offended, I want to say to them I am deeply sorry about that, and I apologize.”
'Complex Strategy to Minimize' Impact of Allegations - Authors and media observers Kathleen Hall Jamieson and Joseph N. Cappella will later write: “Schwarzenegger’s supporters engaged in a complex strategy to minimize the effect of the allegations. The response included testimonials from the candidate’s wife, newscaster and Kennedy family member Maria Shriver, that Schwarzenegger was a good father and husband and an ‘A-plus human being.’ Shriver also claimed that many of the stories had been fabricated and attacked the Los Angeles Times for the investigation and for publishing the story so close to the election.” Conservative media outlets quickly move to support Shriver’s attacks, and add a new wrinkle: that the Times was quick to print such allegations against Schwarzenegger, but was refusing to print allegations that Democratic Governor Gray Davis had engaged in abusive behavior against women on his staff. Therefore, they say, the Times is engaging in a double standard. Jamieson and Cappella will write: “The conservative claim was a standard one: the ‘liberal media’ were eager to undercut conservatives and protect ‘liberals.’ And voters were encouraged to reject the Schwarzenegger groping allegations but trust those about Davis’s supposed staff abuse.” Columnist Jill Stewart of the Los Angeles Daily News accuses the Times of “sitting on” the Davis story “since at least 1997… that [Davis] is an ‘office batterer’ who has attacked female members of his staff, thrown objects at subservients and launched into red-faced fits, screaming the f-word until staffers cower.” Fox News reports the Davis allegations, and conservative talk show hosts, led by Rush Limbaugh, repeat and embellish the story. Mainstream cable TV outlet MSNBC, in shows hosted by conservatives Joe Scarborough and Pat Buchanan, also report the Davis allegations. On Fox, Stewart accuses the Times of “journalistic malpractice” and “horrible, horrible bias.” [Jamieson and Cappella, 2008, pp. 152-154]
Strategy Successful - The strategy is apparently successful, with Schwarzenegger ousting Davis and 134 other challengers in the recall election. CNN exit polls show that despite the sexual harassment charges, around 47 percent of women voters cast their ballots for Schwarzenegger. [CNN, 10/8/2003]
Times Defends Reporting, Limbaugh Warns Listeners to 'Remember This Business' - Days later, the editor of the Los Angeles Times, James Carroll, will defend the Schwarzenegger sexual harassment story, describing the seven weeks of meticulous interviewing and fact-checking that went into it, and reveal that the Times had twice investigated the allegations of Davis’s supposed ‘office battering’ and found nothing to support the charges. Limbaugh, however, will remind his listeners: “The next time the LA Times or any other mainstream liberal institution starts talking to you about the aftermath in Iraq or the war on terrorism, I want you to remember this business of what they did with Schwarzenegger, and I want you to tell yourself, ‘Schwarzenegger is not an isolated episode.’ If they’re doing it there, where else are they acting as Democrat house organs?” [Jamieson and Cappella, 2008, pp. 154]
Entity Tags: Kathleen Hall Jamieson, James Carroll, Gray Davis, Fox News, Arnold Schwarzenegger, Jill Stewart, Joseph Scarborough, Rush Limbaugh, Joseph N. Cappella, Maria Shriver, Patrick Buchanan, MSNBC, Los Angeles Times, Los Angeles Daily
Timeline Tags: Domestic Propaganda
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