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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).
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.
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
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]
Bush supporters display ‘Sore Loserman’ signs. [Source: CNN / Infoimagination (.org)]The Bush campaign works with Florida Republicans to orchestrate the so-called “Sore Loserman” campaign, playing off the names of the two Democratic presidential ticket members, Al Gore (D-TN) and Joe Lieberman (D-CT), to bring pressure for the Democrats to concede the presidency to George W. Bush. Throughout the day, Republican activists protest and wave “Sore Loserman” signs outside the canvassing board offices in the Florida counties that are still recounting votes. One Gore ally is physically threatened by protesters outside the Broward County courthouse and requires bodyguards to exit the courthouse unscathed. Democrats charge that the protesters are trying to disrupt the recount effort (see 9:00 a.m. and after, November 22, 2000) and send a letter to the US Justice Department asking for an immediate investigation. [US News and World Report, 12/13/2000] A few days later, Steven Meyer, a Democratic election observer in Palm Beach County, writes that both Republicans and Democrats are busing in protesters, but Republicans are paying protesters to participate. “I doubt that the people on the Democratic side are getting paid because we don’t have the cash,” he notes. Democrats who “infiltrate” the Republican protests will report being offered pay and expense money to keep coming back. He also writes: “Now, it’s reported that many of these protesters are the same people whom Cuban groups paid to stand outside of Elian Gonzalez’s home in Little Havana. It’s a regular cottage industry—have sign and clever slogan, will travel.” [American Prospect, 12/14/2000] Gonzalez is a young Cuban-American boy who became a cause celebre for some conservatives who accused the Clinton administration of enabling his Cuban father to “kidnap” him and return with him to Cuba after his mother died. [New York Times, 1/14/2000]
Entity Tags: Elian Gonzalez, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Clinton administration, County of Palm Beach (Florida), Joseph Lieberman, Steven Meyer, George W. Bush presidential campaign 2000, George W. Bush, US Department of Justice, County of Broward (Florida)
Timeline Tags: 2000 Elections
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]
Senate Majority Leader Tom Daschle (D-SD) tells an interviewer on NBC’s Meet the Press that he “truly” believes Vice President Al Gore won the Florida presidential election. “I’ve talked with most of my colleagues,” he says, “and there isn’t any interest in conceding anything at this point.” Later in the morning, Senator Bob Dole (R-KS) expresses a different view on ABC’s This Week, telling the audience, “If George Bush is certified the winner at 5 or 6 o’clock tonight, I think the great majority of the American people will say, ‘Enough is enough.’” [US News and World Report, 12/13/2000]
Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), 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]
[Source: Publicity photo]A federal panel chaired by former Governor James Gilmore (R-VA) warns President-elect Bush that the US in vulnerable to terrorist attack and urges him to bolster US preparedness within one year. Gilmore states, “The United States has no coherent, functional national strategy for combating terrorism. The terrorist threat is real, and it is serious.” The panel urges the US counterterrorism effort should be consolidated into one new agency. It further argues the US has no clear counterterrorism program and argues for dozens of special changes at all levels of government. Gilmore says, “We are impelled by the stark realization that a terrorist attack on some level inside our borders is inevitable and the United States must be ready.” The panel also calls for improvement in human intelligence instead of a reliance on technology. [Washington Post, 12/15/2000] The 9/11 Commission will later make many of the same recommendations. However, the Commission will barely mention the Gilmore panel in their report, except to note that Congress appointed the panel and failed to follow through on implementing the recommendations. [9/11 Commission, 7/24/2004, pp. 107, 479]
Newly named Secretary of State Colin Powell (see December 16, 2000) is dazzling at the Crawford, Texas, press conference used by President Bush to announce Powell’s selection. In fact, Powell may be too dazzling for his own good. As Powell talks about the state of the world, “Bush’s admiring expression gradually turned to one of sour irritation,” author Craig Unger will later observe. Powell’s close friend and colleague Richard Armitage, soon to become Powell’s deputy, warns Powell after his acceptance speech of the dangers of upstaging Bush. “It’s about domination,” Armitage warns. “Be careful in appearances with the president.” [Unger, 2007, pp. 184]
The Bush team moves into Washington. Neoconservative Zalmay Khalilzad heads the Pentagon transition team, and he ensures that plenty of his friends and colleagues move into the civilian offices of the Defense Department. Four of the most influential advocates for the US overthrow of Iraq’s Saddam Hussein—Elliott Abrams, Douglas Feith, Richard Perle, and Abram Shulsky—are waiting to learn where they will serve in the department. But Vice President Cheney is still concerned with ensuring the placement of his own colleagues and cronies who will help him build what many will call the “imperial presidency.” Secretary of State Colin Powell, Cheney’s ideological rival, is working to install his friend and colleague Richard Armitage as deputy secretary of defense. For Cheney, Armitage would be a calamity—although Armitage is sufficiently hardline and in line with conservative foreign policy aims, he is far too centrist for Cheney and the neoconservatives. The neoconservative magazine the Weekly Standard alerts the faithful to the potential problem with an article entitled “The Long Arm of Colin Powell: Will the Next Secretary of State Also Run the Pentagon?” Powell does not get his wish; Armitage eventually becomes deputy secretary of state. Abrams will join the National Security Council; Khalilzad, Feith, and Shulksy will join the Defense Department; and Perle will head the Defense Policy Board, an independent group that advises the Pentagon. [Weekly Standard, 12/25/2000 ; Unger, 2007, pp. 115, 191-192, 204, 249]
Entity Tags: Elliott Abrams, Colin Powell, Bush administration (43), Abram Shulsky, Douglas Feith, Richard (“Dick”) Cheney, Richard Armitage, US Department of Defense, Richard Perle, Weekly Standard, Zalmay M. Khalilzad, Saddam Hussein
Timeline Tags: Neoconservative Influence
Gen. Anthony Zinni [Source: US Marine Corps.]Chairman of the Joint Chiefs of Staff Gen. Henry Shelton prepares a paper with 13 options for using force against bin Laden. Several of the options describe Special Forces raids to capture or kill bin Laden. But counterterrorism “tsar” Richard Clarke will later say that when military operations on al-Qaeda were discussed, “the overwhelming message to the White House from the uniformed military leadership was, ‘We don’t want to do this.’” Shelton’s chief of operations will later describe the paper as a tool to “educate” National Security Adviser Sandy Berger, Clarke, and others about the “extraordinary complexity” of going ahead with any of the options. The military repeatedly complains that the CIA’s intelligence about bin Laden isn’t good enough while the CIA complains that the military’s intelligence requirements are too demanding. One CIA document notes that there is “lots of desire” for a military strike against bin Laden amongst lower-level US military officials, but “reluctance at the political level.” [Los Angeles Times, 7/25/2003; Coll, 2004, pp. 533] One reason for such reluctance is the close ties between the US military and Pakistan. Author Steve Coll will later note, “The Pentagon, especially General Anthony Zinni at Centcom, who remained close to [Pakistani President Pervez] Musharraf personally, emphasized the benefits of engagement with Pakistan’s generals.” [Coll, 2004, pp. 490]
Richard Reeves. [Source: Real Clear Politics.com]In his biography of former President Nixon, columnist and historian Richard Reeves sums up the isolation and duplicity that characterized the eight years of the Nixon presidency, particularly the second term after the controversy of the Watergate conspiracy became front-page news. Reeves writes: “Deceived and confused egos… eventually undermined the president.So many layers of lies were needed to protect the secrecy that no one, including the president himself, knew what the truth was anymore. No one inside the White House knew whom or what to believe. There was a chaos of lies at the top. The rings of deception built around the president, [Henry] Kissinger, [H. R.] Haldeman, and [John] Ehrlichman to protect themselves against ‘The Establishment’ as Nixon imagined it, gradually isolated his Cabinet and much of his staff. Colleagues became distrusted parts of the hated bureaucracy, enemies who must be kept away by bodyguards of lies. In the beginning, the idea was to make the president’s world secure from outsiders; in the end, even the insiders themselves could no longer penetrate to reality. There are many lines in the many lies of Nixon’s Oval Office tapes, but two that weave and twist through the plots are attempts to cover up past lies while trying to unravel them at the same time… It comes as no surprise then to learn that all the principals were spying on each other, stealing each other’s papers, tapping each other’s telephones, bugging their own offices. It was hard to keep track of the deceptions, even for the deceivers.… In the end, no one knew whether anyone was telling the truth, the whole truth, or any truth at all.” [Reeves, 2001, pp. 15-16]
Stephens Inc logo. [Source: RehabCare]Life Sciences Inc, a New Jersey-based holding company, buys Huntingdon Life Sciences (HLS), a British research company accused of mistreating and torturing animals as part of its research (see 1998). Stephens Inc, an Arkansas investment company, buys HLS’s bank loan and becomes its senior lender. The animal rights organization Stop Huntingdon Animal Cruelty (SHAC) launches a Web site called StephensKills that is designed to inform animal rights activists “of the cruelty that Stephens Inc invests in as shareholders” in HLS. Activists from Britain and America come to Little Rock, Arkansas, to protest against Stephens, in an action that results in 26 arrests. During the following months, Stephens employees are harassed and the company’s fax machines are jammed. Stephens finally sells its investment in HLS at a loss, while denying that SHAC’s pressure influenced its decision. [Anti-Defamation League, 2005] CEO Warren Stephens says the company had been “aware of the activists, but I don’t think we understood exactly what lengths they would go to.” [Southern Poverty Law Center, 9/2002]
Kyle Sampson. [Source: Legal Times]D. Kyle Sampson, a young lawyer from Utah and a former Republican staff member of the Senate Judiciary Committee, takes a position at the White House as special assistant to the president and associate director for presidential personnel. He handles presidential appointments for the Justice Department, among other duties. During this time period, he is also named associate counsel to the president, where he works on legislative, policy, and environmental matters. In August 2003, Sampson moves to the Justice Department, where he serves as a counsel for Attorney General John Ashcroft. After joining the White House counsel’s office in September 2001, Sampson increases his involvement in the selection of US Attorneys. He serves on the interviewing panel for many US Attorney interviewees, and becomes the White House representative for US Attorney appointments. He is responsible for reviewing the resumes and questionnaires of all US Attorney candidates and their background files. [US Department of Justice, Office of the Inspector General, 9/29/2008]
Lee Wolosky. [Source: Center for American Progress]By the end of the Clinton administration, an effort by some US officials to arrest international arms dealer Victor Bout is gathering steam (see Early Spring 1999-2000). National Security Council (NSC) adviser Lee Wolosky has been gathering evidence of Bout’s airplanes being used to smuggle weapons and possibly drugs for the Taliban. Shortly after the Bush administration takes office, counterterrorism “tsar” Richard Clarke, Wolosky, and other NSC deputies hold a briefing about Bout’s activities for Condoleezza Rice, the new national security adviser. Rice appears interested, and authorizes the NSC team to continue to pursue an attempt to get an arrest warrant for Bout strong enough to secure a conviction. [Farah and Braun, 2007, pp. 186-187] However, Rice focuses on diplomatic solutions and does not allow any actual covert action against Bout. The FBI also does not have an open investigation into Bout and does not appear particularly interested in him. “Look but don’t touch,” is how one White House official will later describe Rice’s approach. [New York Times Magazine, 8/17/2003; Farah and Braun, 2007, pp. 193] In late spring 2001, Wolosky briefs Deputy National Security Adviser Stephen Hadley about Bout and global organized crime. He receives a go-ahead to present a full briefing to President Bush on the topic, but no specific date is set. Wolosky is still trying to arrange a date when the 9/11 attacks occur. The Bush administration’s interest in Bout was already fading before 9/11, and after 9/11 the remaining interest in him is lost, despite Bout’s ties to the Taliban and al-Qaeda. Wolosky soon quits. “We knew we were being phased out,” he will later say. [Farah and Braun, 2007, pp. 193-194] Bout moves to Russia not long after 9/11, but Rice decides that Russia should not be pressured about arms trafficking in general and Bout in particular. One source who talks to Rice claims that she reasons the US has “bigger fish to fry.” [New York Times Magazine, 8/17/2003]
The neoconservative National Institute for Public Policy (NIPP) issues a report calling for the increased reliance upon, and the broad potential use of, nuclear weapons in conflicts by the United States. The NIPP is a think tank headed by Keith Payne, who in 1980 coauthored an article arguing that the US could win a nuclear war with the Soviet Union. (Payne wrote that American casualties would be an “acceptable” twenty million or so.) The NIPP report is written by a group of hardline conservatives and neoconservatives, including veterans of the “Team B” exercises (see November 1976). The report advocates the deployment and potential use of nuclear weapons against an array of potential enemies, from geostrategic opponents such as Russia or China, to “rogue” nations such as Iran, Iraq, or North Korea, to non-national enemies such as an array of terrorist organizations. It argues that “low-yield, precision-guided nuclear weapons” be developed “for possible use against select hardened targets such as underground biological weapons facilities,” weapons later nicknamed “bunker-busters.” Nuclear weapons, the report states, can be used not only as deterrents to other nations’ military aggression, but as a means to achieving political and military objectives even against non-nuclear adversaries. President Bush will put Payne in charge of the nation’s Nuclear Posture Review (see December 31, 2001), and, upon its completion, will name Payne assistant secretary of defense for forces policy, in essence putting him in charge of nuclear force planning. Payne’s thinking will inform later nuclear planning (see January 10, 2003 and March 2005). [Scoblic, 2008, pp. 182-183]
Neoconservative David Wurmser, with the assistance of his American Enterprise Institute colleague Douglas Feith, drafts a set of war plans designed around a joint military offensive by the US and Israel. The offensive would, in his words, “fatally strike the centers of radicalism in the Middle East.” Wurmser and Feith’s plans are extensions of an op-ed written by Wurmser weeks before (see November 1, 2000). Wurmser advises: “Israel and the United States should… broaden the conflict to strike fatally, not merely disarm, the centers of radicalism in the region—the regimes of Damascus [Syria], Baghdad [Iraq], Tripoli [Libya], Tehran [Iran], and Gaza [the Palestinians]. That would establish the recognition that fighting either the United States or Israel is suicidal.” Wurmser urges both the US and Israel to be watchful for a crisis, writing, “Crises can be opportunities.” [American Conservative, 3/24/2003]
Richard Clarke, counterterrorism “tsar” for the Clinton administration, briefs National Security Adviser Rice and her deputy, Steve Hadley, about al-Qaeda. [Washington Post, 1/20/2002] Outgoing National Security Adviser Sandy Berger makes an unusual appearance at the start of the meeting, saying to Rice, “I’m coming to this briefing to underscore how important I think this subject is.” He claims that he tells Rice during the transition between administrations, “I believe that the Bush administration will spend more time on terrorism generally, and on al-Qaeda specifically, than any other subject.” Clarke presents his plan to “roll back” al-Qaeda that he had given to the outgoing Clinton administration a couple of weeks earlier. [Time, 8/12/2002] He gets the impression that Rice has never heard the term al-Qaeda before. [Clarke, 2004, pp. 227-30; Guardian, 3/25/2004] Clarke is told at the meeting that he will keep his job but the position is being downgraded and he will no longer have direct access to the president (see January 3, 2001).
Condoleezza Rice and Philip Zelikow. [Source: Public domain]National Security Adviser Rice decides this day to retain Richard Clarke, counterterrorism “tsar” for the Clinton administration, and his staff. However, she downgrades his official position as National Coordinator for Counterterrorism. While he is still known as the counterterrorism “tsar,” he has less power and now reports to deputy secretaries instead of attending Cabinet-level meetings. He no longer is able to send memos directly to the president, or easily interact with Cabinet-level officials. [Clarke, 2004, pp. 227-30; Guardian, 3/25/2004] Clarke will not be able to meet with President Bush even a single time before 9/11 to discuss al-Qaeda (see January 25, 2001-September 10, 2001). In 2004, Rice will reveal that the person she tasks with considering changes to Clarke and his staff is Philip Zelikow, the future Executive Director of the 9/11 Commission. Zelikow recuses himself from those parts of the 9/11 Commission’s investigation directly relating to his role in this and other matters. However, 9/11 victims’ relatives are not satisfied. For instance, one relative says, “Zelikow has conflicts. I’m not sure that his recusal is sufficient. His fingerprints are all over that decision [to demote Clarke].” [United Press International, 4/9/2004]
Former anti-abortion activist Jerry Reiter, the author of the recent book Live From the Gates of Hell: An Insider’s Look at the Anti-Abortion Underground, gives an interview to the St. Petersburg Times about his book and his days with the controversial anti-abortion organization Operation Rescue (OR—see 1986). Reiter was media coordinator for the group, but after becoming disillusioned with its violent tactics, became an FBI informant, giving the FBI information on OR and other anti-abortion groups. Reiter now says that some respected conservative Christians have tacitly condoned the violence practiced by OR and other anti-abortion groups during the 1990s. “One of the things that surprised me about the Christian Coalition was that even though it publicly denounced the illegal tactics of groups like Operation Rescue,” Reiter wrote, “when the big national anti-abortion protest came to Buffalo in 1992, Operation Rescue National housed its secret command and communication offices in the basement suite of offices that the Christian Coalition of New York had as its state headquarters.” He says that after entering “the secret command post of Operation Rescue, I was given books on dozens of not-so-peaceful activities, including a book by Reverend Michael Bray advocating the bombing of abortion clinics” (see September 1994). Reiter says that many anti-abortion activists “use the Bible to justify all kinds of evil.” He is still against abortion, but does not advocate legal restrictions on the practice. “I want to see abortions reduced,” he says. “Sex education, birth control, and availability of health care options is the way to go. Those people who oppose abortion are often those who oppose sex education, birth control, and other health care options.” Explaining why he became an FBI informant, Reiter says of his OR colleagues, “I realized that these people were very serious about doing harm to people.” He recalls speaking with Paul Hill, who in 1994 murdered an abortion provider and his bodyguard (see July 29, 1994). Weeks before Hill killed the two men, he told Reiter: “What you’re gonna see next now, brother, is an IRA-type reign of terror [referring to the Irish Republican Army]. There’s too much pressure on all of us, too many people watching us to do anything major under direct orders from the national level, so what you’re gonna see is individuals or small groups of people takin’ action in their own hands to do what the leaders want to see done, but since there won’t be any direct orders given, no one can prove conspiracy.” Reiter says his information did not prevent Hill’s murders, but was able to prevent another spate of possibly lethal violence during a 1994 event in Florida. “If I hadn’t done something at the time, it’s likely they would have been successful and hundreds could have been killed.… I had the most unique background. I was able to see the most radical, most dangerous people in the country as they were formulating their plans.” Reiter concludes: “The mainstream anti-abortion movement has shrunk dramatically and now you just see more hard-core people. It’s not a calm situation. The days of the little old ladies with the rosaries have been replaced with this radical, vitriolic group.… The people around Paul Hill, once he is executed (see September 3, 2003), they are planning to rise up and take action. They are planning to give us unprecedented violence.” [St. Petersburg Times, 1/6/2001]
A bipartisan commission chaired by former Senator Howard Baker (R-TN) and former Carter administration counsel Lloyd Cutler reports on the state of nuclear nonproliferation programs in Russia and its former Soviet client states. The report is bleak: it finds that Russia alone is in danger of becoming a “virtual ‘Home Depot’” of nuclear weapons and technology for terrorists seeking nuclear WMD. Russia has the equivalent of 80,000 nuclear weapons, mostly in fragments and in different locations, but all befitting the definition of “loose nukes.” “Imagine if such material were successfully stolen and sold to a terrorist like Osama bin Laden,” the report warns. Baker and Cutler recommend that the US triple its annual expenditure on its program to secure the weapons, from $1 billion to $3 billion. The threat of terrorists acquiring Russian nuclear technology is “the most urgent unmet national security threat to the United States today.” For various reasons, the report stirs little interest among the members of the incoming Bush administration. Many of the relevant programs, collectively known as cooperative threat reduction efforts, are run through the Pentagon, and Defense Secretary Donald Rumsfeld has no interest in them. Author J. Peter Scoblic will later point out that the very idea of “cooperative threat reduction” is at odds with the conservative “us-versus-them” ideology. “Paying our former enemy to secure its own weapons so that we will not be threated by them does not constitute a clear, military, zero-sum situation,” Scoblic will write. Indeed, some conservatives, led by House Representative Duncan Hunter (R-CA), mount an effort to scrap the programs entirely, arguing that they undermine US national security—by funding Russian efforts to secure and destroy so-called “loose nukes,” Hunter and his followers warn, the US is allowing Russia to spend more on its own weapons programs. The Bush administration will respond to the Baker-Cutler report by slashing funding for the cooperative threat reduction programs almost in half, and tripling funding for research into missile defense programs. Scoblic will write, “Rather than focusing on making it harder for terrorists to acquire nuclear weapons, the administration was devoting its resources to building defenses against what an intelligence community assessment had determined would be the least likely means by which a nuclear attack would be carried out against the United States.” After the 9/11 attacks, the Bush administration will request $20 billion in emergency funding for homeland security; as Scoblic will write, “[n]ot a dollar of it was allotted to security upgrades for loose Russian nuclear material, even though the danger had certainly been brought to the president’s attention.” The administration will continue to oppose funding increases for the programs in the future. [Secretary of Energy Advisory Board, Department of Energy, 1/10/2001 ; Scoblic, 2008, pp. 205-206]
Although neoconservative Paul Wolfowitz has lost his chance of becoming director of the CIA due to his sexual entanglements with foreign nationals (see Late December 2000), he has not been entirely dismissed from consideration for high positions, and has the support of Vice President Cheney. President Bush, who has insisted that his administration’s officials comply with the highest moral standards, never learns about Wolfowitz’s infidelities. (A letter that Wolfowitz’s wife wrote to Bush about her husband’s affairs was intercepted by Cheney’s chief of staff, Lewis Libby. Wolfowitz himself unleashed a group of lawyers on his wife and forced her to sign a non-disclosure agreement to keep quiet about his affairs.) Incoming Defense Secretary Donald Rumsfeld chooses Wolfowitz to be his deputy, blocking incoming Secretary of State Colin Powell’s choice for the position, Richard Armitage, from taking the office (see Late December 2000 and Early January 2001). The Washington Post calls Wolfowitz’s selection “another victory for… Cheney over… Powell.” Rumsfeld knows about Wolfowitz’s sexual liaisons, as do most White House officials, and chooses to remain silent. “Rumsfeld told Wolfowitz to keep it zipped,” a State Department source later says. “He didn’t want any problems. He was basically to run the show and Wolfowitz could come on those terms.” [Unger, 2007, pp. 191-192]
A few days before President Bush assumes the presidency, several Clinton administration officials provide incoming Secretary of State Colin Powell and incoming National Security Adviser Condoleezza Rice with a briefing about the unresolved negotiations between the US and North Korea concerning North Korean missiles (see October 2000). Powell is clearly interested; Rice is just as clearly not interested. One Clinton official will later recall, “The body language was striking.” He will add: “Powell was leaning forward. Rice was very much leaning backward. Powell thought that what we had been doing formed an interesting basis for progress. He was disabused very quickly.” When Bush publicly announces his intention to abandon any negotiations with North Korea, and in the process publicly insults the leaders of both North and South Korea (see March 7, 2001), it becomes very clear that the US has changed its tone towards North Korea. Powell is another victim of public rebuke; he is forced to retract statements he has made saying the US will continue its negotiations (see March 7, 2001). [Washington Monthly, 5/2004]
Days before President-elect Bush is inaugurated, Speaker of the House Dennis Hastert (R-IL) offers Vice President-Elect Cheney a second office in the US Congress. (To make room for Cheney in the exceedingly cramped work area, Hastert ejects Representative Bill Thomas (R-CA), chairman of the House Ways and Means Committee, from part of his suite of committee offices near the House chambers.) Hastert’s move is much more than mere symbolism or even political kowtowing. Now, when legislators negotiate with Cheney, they must come to his office on Capitol Hill instead of Cheney coming to the Hill. According to former House Appropriations Committee clerk Scott Lilly: “Offering office space to the vice president represented more than a breach in the symbolism concerning the powers and autonomy of the House of Representatives. Hastert’s plan was to convert the House into a compliant and subservient role player inside the White House political organization.” [Dubose and Bernstein, 2006, pp. 191]
There are discussions among future members of the Bush administration, including Bush himself, about making the removal of Saddam Hussein a top priority once they are in office. After the invasion of Iraq in March 2003, counterterrorism “tsar” Richard Clarke will say that the Bush team had been planning regime change in Iraq since before coming to office, with newly named Defense Secretary Donald Rumsfeld (see December 28, 2000) and his deputy Paul Wolfowitz (see January 11, 2001) taking the lead. “Since the beginning of the administration, indeed well before, they had been pressing for a war with Iraq,” he will write in his book Against All Enemies. “My friends in the Pentagon had been telling me that the word was we would be invading Iraq sometime in 2002.” [Clarke, 2004, pp. 7-9; Unger, 2007, pp. 192] During an appearance on Good Morning America on March 22, 2004, he will say, “[T]hey had been planning to do something about Iraq from before the time they came into office.” [Good Morning America, 3/22/2004] Evidence of pre-inaugural discussions on regime change in Iraq comes from other sources as well. Imam Sayed Hassan al-Qazwini, who heads the Islamic Center of America in Detroit, will tell the New York Times in early 2004 that he spoke with Bush about removing Saddam Hussein six or seven times, both before and after the 2000 elections. [New York Times, 1/12/2004] In 2007, author Craig Unger will write: “In certain respects, their actions were a replay of the 1976 Team B experiment (see Early 1976 and November 1976), with one very important difference. This time it wasn’t just a bunch of feverish ideologues presenting a theoretical challenge to the CIA. This time Team B controlled the entire executive branch of the United States.” [Unger, 2007, pp. 192]
Incoming Vice President Dick Cheney is already working to formulate the new administration’s energy policy, and to do so he is calling on a variety of CEOs and lobbyists for the oil, gas, and energy corporations. Authors Lou Dubose and Jake Bernstein will later observe that Cheney’s “visitor log began to look like the American Petroleum Institute [API]‘s membership list. This was no coincidence.” In early January, an oil and gas lobbyist brings a group of industry executives to the API’s Washington offices to put together a wish list for Cheney and the administration. Shortly after the inauguration, the same lobbyist, J. Steven Griles, will be named deputy secretary of the interior and assigned to work with the Cheney energy task force (see May 16, 2001). Griles will become the conduit for API members to funnel their recommendations directly to the task force. [Dubose and Bernstein, 2006, pp. 7]
The presidential papers of Ronald Reagan are scheduled to be released to the public (by Reagan’s own decision), but on his first day in office, Bush invokes a clause in the Presidential Records Act (PRA) to allow him 30 days to “review” the papers before releasing them. He will continue to “review” them every month until November 2001. Then Bush will issue an executive order giving him essentially carte blanche in deciding if and when any presidential papers will ever be released (see January 20-September 10, 2001 and November 1, 2001). The standard of the 1978 Presidential Records Act is to make presidential records and documents available after twelve years, if not voluntarily made available sooner, and with some obvious exceptions such as classified materials concerning national security. The first president to whom the new law applies is Ronald Reagan, and his vice-president, George H.W. Bush. The Reagan library has already released, or is readying for release, all but about 68,000 pages. The law provides that an incumbent president can double-check the release to ensure it falls within the law’s provision. According to the Act, the 68,000 pages are to be released now. Bush’s order will declare that not only can a former president assert executive privilege over his papers against the will of the incumbent president (a measure Reagan instituted just before he left office) but that a sitting president could also block the papers of a predecessor, even if that predecessor had approved their release. The implications of this change are breathtaking. “It’s pretty fishy,” says Anna Nelson, an American University history professor. “The precautions on ‘national security’ are extreme. These are not Iran-Contra papers.” Steve Aftergood, director of the Federation of American Scientists’ Project on Government Secrecy, says, “This is a test of Congress to see how much the administration can get away with. It is not at all surprising the executive branch would want to operate in secret. The question is, How much will Congress accept?” [Nation, 2/7/2002; Dean, 2004, pp. 89-90]
Bush and Cheney in private discussion. [Source: Washington Post]Vice President Cheney, having just taken the oath of office minutes before, has a brief discussion of his new position with former Vice President Dan Quayle, who had served under George H. W. Bush. In 2007, Quayle will recall the discussion: “I said, ‘Dick, you know, you’re going to be doing a lot of this international traveling, you’re going to be doing all this political fundraising… you’ll be going to the funerals.’ I mean, this is what vice presidents do. I said, ‘We’ve all done it.’” Cheney “got that little smile,” Quayle will recall, and replies, “I have a different understanding with the president.” Quayle adds, “He had the understanding with President Bush that he would be—I’m just going to use the word ‘surrogate chief of staff.’” Bush policy director Joshua Bolten will later say that Cheney wants, and is given, a mandate by Bush that gives him access to “every table and every meeting,” making his voice heard in “whatever area the vice president feels he wants to be active in.” [Washington Post, 6/24/2007]
According to reporter and author Charlie Savage, the White House staff quickly coalesces into two camps: “Bush People[,] mostly personal friends of the new president who shared his inexperience in Washington,” which includes President Bush’s top legal counsels, Alberto Gonzales and Harriet Miers, both corporate lawyers in Texas before joining Bush in Washington. The second group is “Cheney People—allies from [Vice-President Dick] Cheney’s earlier stints in the federal government (see May 25, 1975, November 18, 1980, 1981-1992, 1989, and June 1996) who were deeply versed in Washington-level issues, a familiarity that would allow their views to dominate internal meetings. These included [Defense Secretary Donald] Rumsfeld and other cabinet secretaries, key deputies throughout the administration, and David Addington, Cheney’s longtime aide who would become a chief architect of the administration’s legal strategy in the war on terrorism” (see July 1, 1992 and (After 10:00 a.m.) September 11, 2001). Savage will observe, “Given the stark contrast in experience between Cheney and Bush, it was immediately clear to observers of all political stripes that Cheney would possess far more power than had any prior vice president.”
'Unprecedented' Influence - Cheney will certainly have “unprecedented” influence, according to neoconservative publisher William Kristol, who himself had served as former Vice President Dan Quayle’s chief of staff. “The question to ask about Cheney,” Kristol will write, is “will he be happy to be a very trusted executor of Bush’s policies—a confidant and counselor who suggests personnel and perhaps works on legislative strategy, but who really doesn’t try to change Bush’s mind about anything? Or will he actually, substantively try to shape administration policy in a few areas, in a way that it wouldn’t otherwise be going?”
Expanding the Power of the Presidency - Cheney will quickly answer that question, Savage will write, by attempting to “expand the power of the presidency.” Savage will continue: “He wanted to reduce the authority of Congress and the courts and to expand the ability of the commander in chief and his top advisers to govern with maximum flexibility and minimum oversight. He hoped to enlarge a zone of secrecy around the executive branch, to reduce the power of Congress to restrict presidential action, to undermine limits imposed by international treaties, to nominate judges who favored a stronger presidency, and to impose greater White House control over the permanent workings of government. And Cheney’s vision of expanded executive power was not limited to his and Bush’s own tenure in office. Rather, Cheney wanted to permanently alter the constitutional balance of American government, establishing powers that future presidents would be able to wield as well.” [Savage, 2007, pp. 7-9] Larry Wilkerson, the chief of staff for Secretary of State Colin Powell, will say after leaving the administration: “We used to say about both [Defense Secretary Donald Rumsfeld’s office] and the vice president’s office that they were going to win nine out of 10 battles, because they were ruthless, because they have a strategy, because they never, never deviate from that strategy. They make a decision, and they make it in secret, and they make it in a different way than the rest of the bureaucracy makes it, and then suddenly, foist it on the government—and the rest of the government is all confused.” [Unger, 2007, pp. 299]
Signing Statements to Reshape Legislation, Expand Presidential Power - To that end, Cheney ensures that all legislation is routed through his office for review before it reaches Bush’s desk. Addington goes through every bill for any new provisions that conceivably might infringe on the president’s power as Addington interprets it, and drafts signing statements for Bush to sign. In 2006, White House counsel Bradford Berenson will reflect: “Signing statements unite two of Addington’s passions. One is executive power. And the other is the inner alleyways of bureaucratic combat. It’s a way to advance executive power through those inner alleyways.… So he’s a vigorous advocate of signing statements and including important objections in signing statements. Most lawyers in the White House regard the bill review process as a tedious but necessary bureaucratic aspect of the job. Addington regarded it with relish. He would dive into a 200-page bill like it was a four-course meal.” It will not be long before White House and Justice Department lawyers begin vetting legislation themselves, with Addington’s views in mind. “You didn’t want to miss something,” says a then-lawyer in the White House. [Savage, 2007, pp. 236]
Entity Tags: David S. Addington, Bradford Berenson, Alberto R. Gonzales, Charlie Savage, William Kristol, Richard (“Dick”) Cheney, Donald Rumsfeld, Bush administration (43), Harriet E. Miers, George W. Bush, Lawrence Wilkerson
Timeline Tags: Civil Liberties
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
The Bush administration broadens the definition of what the government considers classified information from the very beginning of its time in office. Author Ron Suskind will later write, “The [classification] initiative was a pet project of [Vice President Cheney], who’d long believed that public and congressional scrutiny of presidents was weakening executive power. With Cheney’s guidance [before 9/11], documents were being classified at twice the rate of the previous administration.” This penchant for secrecy and classification will increase even more after 9/11. [Suskind, 2006, pp. 98]
Deputy National Security Advisor Stephen Hadley (R) and Deputy Secretary of Defense Paul Wolfowitz (L) speak to reporters in Moscow after taking part in negotiations with Russia regarding an anti-ballistic missile shield on May 11, 2001. [Source: Yuri Kochetkov/ Corbis]While still campaigning to become president, George W. Bush frequently argued the US should build an anti-ballistic missile shield (see October 12, 2000). After Bush is made president, the development of such a shield and getting out of the Anti-Ballistic Missile (ABM) Treaty the US has signed that would prevent such a shield, becomes the top US security priority (see May 26, 1972 and December 13, 2001). Senior officials and cabinet members make it their top agenda item in meetings with European allies, Russia, and China. Five Cabinet-level officials, including Condoleezza Rice, travel to Moscow to persuade Russia to abandon the ABM Treaty. Undersecretary of Defense Douglas Feith is there on September 10 to make the same case. [San Francisco Chronicle, 9/5/2004]
Ballistic Missiles 'Today's Most Urgent Threat' - In a major speech given on May 1, 2001, Bush calls the possible possession of missiles by rogue states “today’s most urgent threat.” [New York Times, 5/2/2001] In a June 2001 meeting with European heads of state, Bush names missile defense as his top defense priority and terrorism is not mentioned at all (see June 13, 2001). It will later be reported that Rice was scheduled to give a major speech on 9/11, in which, according to the Washington Post, she planned “to promote missile defense as the cornerstone of a new national security strategy, and [made] no mention of al-Qaeda, Osama bin Laden, or Islamic extremist groups.” However, the speech will be cancelled due to the 9/11 attacks (see September 11, 2001). [Washington Post, 4/1/2004]
Criticism and Controversy - Bush’s missile shield stance is highly controversial. For instance, in July 2001 a Guardian article is titled, “US Defies Global Fury Over Missile Shield.” [New York Times, 5/2/2001] Domestic critics suggest the missile shield could start a new arms race and cost over $500 billion. [Reuters, 5/3/2001]
Diverting Attention from Terrorism - Some argue that Bush’s missile focus is diverting attention from terrorism. For instance, Sen. Carl Levin (D-MI) tells Defense Secretary Donald Rumsfeld at a June 2001 hearing that the US is spending too much money on missile defense and not “putting enough emphasis on countering the most likely threats to our national security… like terrorist attacks.” [San Francisco Chronicle, 9/5/2004] On September 5, 2001, New York Times columnist Maureen Dowd writes: “And why can George W. Bush think of nothing but a missile shield? Our president is caught in the grip of an obsession worthy of literature” and notes that “sophisticated antimissile interceptors can’t stop primitive, wobbly missiles from rogue nations, much less germ warfare from terrorists.” [New York Times, 9/5/2001] On September 10, 2001, Sen. Joseph Biden (D-DE) warns that if the US spends billions on missile defense, “we will have diverted all that money to address the least likely threat, while the real threats come into this country in the hold of ship, or the belly of a plane.” In 2004, a San Francisco Chronicle editorial will suggest that if the Bush administration had focused less on the missile shield and had “devoted more attention, more focus and more resources to the terrorist threat, the events of Sept. 11 might have been prevented.” [San Francisco Chronicle, 9/5/2004]
The Chevron oil tanker named after National Security Advisor Rice. [Source: ABC News]George W. Bush is inaugurated as the 43rd US President, replacing Bill Clinton. The only Cabinet-level figure to remain permanently in office is CIA Director Tenet, appointed in 1997 and reputedly a long-time friend of George H. W. Bush. FBI Director Louis Freeh stays on until June 2001. Numerous figures in Bush’s administration have been directly employed in the oil industry, including Bush, Vice President Cheney, and National Security Adviser Rice. Rice had been on Chevron’s Board of Directors since 1991, and even had a Chevron oil tanker named after her. [Salon, 11/19/2001] It is later revealed that Cheney is still being paid up to $1 million a year in “deferred payments” from Halliburton, the oil company he headed. [Guardian, 3/12/2003] Enron’s ties also reach deep into the administration. [Washington Post, 1/18/2002]
Vice President Cheney takes office with every intention to push President Bush into invading Iraq. According to an unnamed former subordinate of Cheney’s while Cheney was secretary of defense (see March 20, 1989 and After), Cheney wants to “do Iraq” because he thinks it can be done quickly and easily, and because “the US could do it essentially alone… and that an uncomplicated, total victory would set the stage for a landslide re-election in 2004 and decades of Republican Party domination.” Cheney believes that overthrowing Saddam Hussein “would ‘finish’ the undone work of the first Gulf War and settle scores once and for all with a cast of characters deeply resented by the vice president: George H. W. Bush, Colin Powell, Brent Scowcroft, and Jim Baker.” [Unger, 2007, pp. 182]
The Bush administration’s legal team meets for the first time. The head of the group, White House counsel Alberto Gonzales, is well known as a staunchly loyal aide to President Bush, and has long ensured that Bush receives the legal opinions he wants. While Bush was governor of Texas, Gonzales routinely prepared briefings for him on death row prisoners appealing for clemency, briefings that usually left out mitigating circumstances that might have led Bush to consider waiving the death penalty. Bush was pleased at Gonzales’s approach, and the White House legal team will quickly come to understand that that same approach will be used in its legal work. One young team member is Bradford Berenson, who made his reputation working with the Bush-Cheney campaign in its fight to win the disputed 2000 presidential election. Berenson is one of eight White House associate counsels. Gonzales tells the gathered counsels and legal staff that most of their work will be in handling the everyday legal tasks generated by the White House, reviewing speeches and letters, making judgments on ethical issues, and the like. But, according to Gonzales, Bush has personally instructed him to give his team two missions as their top priority.
Appoint Conservatives to Judiciary Positions - One is to find as many conservatives as they can to fill the numerous vacancies on the federal courts, vacancies left unfilled because of Senate Republicans’ refusal to schedule hearings for Clinton nominees. Now, Gonzales tells the legal team, they are to find as many conservative “judicial restraint”-minded lawyers as there are judgeships to be filled, and to get them confirmed as quickly as possible. This is an unsurprising mission, as most in the room expect the Republicans to lose control of Congress in 2002—as, historically, most parties who control the executive branch do in midterm elections—and therefore have only a limited time in which to get nominees named, vetted, and confirmed by friendly Congressional Republicans.
Find Ways to Expand Presidential Power - Gonzales’s second mission is more puzzling. The lawyers are to constantly look for ways to expand presidential power, he tells them. Bush has told his senior counsel that under previous administrations, the power of the presidency has eroded dramatically. (Ironically, some of the losses of executive power came due to the Republican-led investigation of former President Clinton’s involvement in Whitewater and his affair with a White House intern, when Secret Service bodyguards and White House attorneys were compelled to testify about their communications with the president, and Congressional Republicans issued subpoenas and demanded information from the White House.) It is time to turn back the tide, Gonzales tells his team, and not only regain lost ground, but expand presidential power whenever the opportunity presents itself. Berenson will later recall Gonzales telling them that they are “to make sure that [Bush] left the presidency in better shape than he found it.” Berenson will later remark: “Well before 9/11, it was a central part of the administration’s overall institutional agenda to strengthen the presidency as a whole. In January 2001, the Clinton scandals and the resulting impeachment were very much in the forefront of everyone’s mind. Nobody at that point was thinking about terrorism or the national security side of the house.” Berenson does not learn until much later that much of the direction they have received has come, not from President Bush, but from Vice President Cheney and his legal staff, particularly his chief counsel, David Addington. [Savage, 2007, pp. 70-75]
White House counterterrorism “tsar” Richard Clarke meets with President Bush and others to discuss the administration’s approach to cyber-security and terrorism. Clarke will later express his surprise at the way Bush conducts himself: “We had a couple of meetings with the president, and there were detailed discussions and briefings on cyber-security and often terrorism, and on a classified program. With the cyber-security meeting, he seemed—I was disturbed because he seemed to be trying to impress us, the people who were briefing him. It was as though he wanted these experts, these White House staff guys who had been around for a long time before he got there—didn’t want them buying the rumor that he wasn’t too bright. He was trying—sort of overly trying—to show that he could ask good questions, and kind of yukking it up with [Dick] Cheney. The contrast with having briefed his father [George H. W. Bush] and [Bill] Clinton and [Al] Gore was so marked. And to be told, frankly, early in the administration, by Condi Rice and [her deputy] Steve Hadley, you know, ‘Don’t give the president a lot of long memos, he’s not a big reader’—well, sh_t. I mean, the president of the United States is not a big reader?” [Vanity Fair, 2/2009]
Two of the first people to meet with the newly inaugurated President Bush are Enron CEO Kenneth Lay and Enron vice president Robert Shapiro. Lay and Shapiro are close political allies of Bush and Vice President Cheney. Lay and his Enron executives were not only the largest campaign donors for the Bush-Cheney presidential effort, but are Bush’s largest lifetime political backers, having financed Bush’s two campaigns for governor of Texas to the tune of some $775,000. Enron sank $1.2 million into the various 2000 Republican political campaigns, with the lion’s share of those donations going to the Bush-Cheney campaign. Enron provided more tangible support than just money; during the contentious December 2000 recount debacle in Florida, Enron (and Halliburton) provided corporate jets that shuttled Bush-Cheney lawyers and personnel around Florida and Washington. The early meetings with Bush are matched by meetings between Cheney, Lay, Shapiro, and at least four other Enron executives. [Dubose and Bernstein, 2006, pp. 6-7]
An orchestrated push in the media begins to make the case for the need to invade Iraq. The San Diego Union-Tribune reprints a Weekly Standard article by William Kristol and Robert Kagan that tells readers (after comparing President Bush favorably to Ronald Reagan, Dwight D. Eisenhower, and Harry Truman, and lauding Bush’s “steely determination”) that US military action “could well be necessary to bring Saddam down.” They write: “At some point, Bush could well find himself confronted by an Iraq armed with weapons of mass destruction. During these past few years, it was relatively easy for congressional Republicans to call for arming and funding the Iraqi opposition. That remains a good idea. But the more sober of Bush’s advisers, like Robert Zoellick and Paul Wolfowitz (see February 18, 1992 and February 27, 2001), have recognized that this alone will not do the trick. Some use of American military force, both from the air and on the ground, could well be necessary to bring Saddam down, no matter how wonderfully the Iraqi opposition performs. Whether he chooses it or not, Bush may quickly be faced with the same decision his father had to make in 1990. He has in his cabinet at least one person who counseled inaction the last time [referring to Secretary of State Colin Powell]. If the crisis comes, Bush, like his father, will not be able to rely only on the judgment of the men and women around him: He will have to act from his own instincts and his own courage.” [Weekly Standard, 1/22/2001; Unger, 2007, pp. 206] In the coming weeks, an onslaught of print and television op-eds and commentaries, some from Bush administration officials, will advocate the overthrow of Hussein (see February 27, 2001, February 16, 2001, April 9, 2001, and July 30, 2001).
After attacking a police station near Tetova and killing a police officer, the NLA releases a number of demands, including a constitutional amendment to declare that Macedonia is a state of both Macedonians and Albanians. Under the current constitution, Macedonia is a state of ethnic or Slavic Macedonians, and is inhabited by several minority groups, such as Albanians. The Albanian government believes 40 percent of the Macedonian population could be ethnically Albanian, while the 1981 Yugoslav census puts the figure at 19.7 percent. Macedonia’s 2002 census will say Albanians are 25.17 percent of the population. The NLA says “the uniform of the Macedonian occupiers will be targeted until the Albanian people is freed,” and also says, “We call upon the Macedonian police to go back to their families, and not waste their lives in the service of illusory Macedonian plans to dominate the Albanian majority.” [Kola, 2003, pp. 298-299, 377; Phillips, 2004, pp. 80]
The media reports that the Bush White House has apparently been victimized by pranks. During the last days of the Clinton administration, some Clinton officials apparently removed the “W” keys from computer keyboards in the White House and in the Old Executive Office Building, in apparent reference to incoming President George W. Bush’s middle initial. An anonymous White House aide says, “There are dozens, if not hundreds, of keyboards with these missing keys,” and adds: “In some cases the W is marked out, but the most prevalent example is the key being removed. In some cases the W keys have been taped on top of the doorways, which are 12 feet tall.” Chris Lehane, the press secretary for former vice president and Democratic presidential candidate Al Gore, jokes: “My guess is that the White House did not have many reasons to use the letter W over the last couple of years. It’s possible they just fell off because of sheer atrophy.” [Los Angeles Times, 1/23/2001] Lehane laughingly tells the Washington Post, “I think the missing W’s can be explained by the vast left-wing conspiracy now at work.” [Salon, 5/23/2001] In the following days, the reports will mushroom from tales of a harmless prank into allegations of serious and systematic vandalism and theft by Clinton officials, becoming what many will call “Vandalgate,” or the “Clinton vandal scandal” (see January 26, 2001). These reports will be proven to be complete fabrications (see February 8, 2001, February 14, 2001, and May 18, 2001), apparently started by Bush officials and embellished by conservative reporters and pundits in order to besmirch the Clinton administration (see January 25, 2001).
Online columnist Rich Galen, a former Republican strategist who has numerous contacts within the new Bush administration, reports: “Vice President Dick Cheney’s staffers trying to move into the Office of the Vice President space in the Old Executive Office Building right next to the White House found the offices had been left in complete shambles by the Gore staff on its way out on Friday and Saturday (see January 23, 2001). Every cord and wire, in many offices—telephone, power, computer, and lamp—was slashed. Furniture was tossed, and trash was, literally, everywhere. One person [told Galen] that it was his understanding that Mrs. Gore [the wife of former Vice President Gore] had to phone Mrs. Cheney to apologize.” [Mullings, 1/24/2001] Conservative gossip writer Matt Drudge uses Galen’s column and his own White House sources to report that, according to a “close Bush adviser,” the damage went “way beyond pranks, to vandalism.” The Los Angeles Times soon debunks the story of the Gore apology by asking the Gores; Vice President Cheney will also say that the phone call never happened. Galen, however, insists that the apology was indeed made. [Salon, 5/23/2001]
White House spokesman Ari Fleischer says he cannot confirm the extent of the alleged vandalism carried out by Clinton staffers in the last days of the Clinton administration (see January 23, 2001). President Bush intends to change the tone in Washington to a positive one, Fleischer says, and as a result, the White House will not comment on the charges of rampant vandalism and theft. “Whether things were done that were perhaps less gracious than should have been, it is not going to be what President Bush focuses on, nor will it be what his staff focuses on,” he says. “Whatever may have been done, we are going to just put our heads down and look ahead.” [NewsMax, 1/26/2001; Guardian, 1/26/2001]
Hints and Innuendos - However, the White House is “cataloguing” the damage allegedly done by Clinton staffers, Fleischer says. When asked what is being catalogued, Fleischer responds: “I choose not to. I choose not to describe what acts were done that we found upon arrival because I think that’s part of changing the tone in Washington.” Sensing more to the story, reporters hone in, asking why make a catalogue “if you’re going to give them a pass,” what the dollar estimate of damage might be, and other questions. When a reporter says, “You’ve got to blame somebody,” Fleischer cuts him off: “President Bush is not going to come to Washington for the point of blaming somebody in this town. And it’s a different way of governing, it’s a different way of leading.” When asked what he knows of the supposed apology offered to Vice President Cheney’s wife by former Vice President Gore’s wife (see January 24, 2001), Fleischer says, “I know that a phone call was made to the vice president’s office, but I really—I don’t recall who made it.” When asked where the majority of the alleged damage was, Fleischer says, “You know, I really stopped paying attention to all the different places.” Finally, when asked whether some of the damage could actually be the result of renovations and normal repairs, Fleischer says, “I don’t think that the people who were professionals, who make their business to go in and prepare a White House for new arrivals, would cut wires.” Fleischer ends the briefing, having given reporters enough hints and implications of severe, widespread vandalism to whet their appetites. [Salon, 5/23/2001]
Story Fed by Fleischer, White House Officials - The allegations of vandalism and theft will prove to be almost entirely false (see February 14, 2001 and May 18, 2001). Salon will later report that while Fleischer and other White House officials publicly remain above the fray, in private they are feeding the controversy by giving detailed off-the-record interviews to selected reporters, pundits, and talk show hosts. One White House reporter will later admit that the story was pushed by at least two “unnamed Bush aides.” Salon correspondents Kerry Lauerman and Alicia Montgomery add: “Fleischer and the off-the-record Bush staffers, meanwhile, got a lot of help from a press corps eager for early scoops from a new administration. For some reporters and pundits, the White House vandalism story was just too good to pass up.” [Salon, 5/23/2001] A Washington Post report later states: “A high-level Republican who saw some of the damage said the White House was leery about putting information out about this because chief of staff Andrew Card Jr. did not want to appear to be ratting on the Clinton administration. ‘People wanted to talk about this, and Andy said no,’ an official said.” [Washington Post, 1/26/2001]
Stories Debunked - It will not be long before the stories are proven almost entirely false (see February 8, 2001, February 14, 2001, and May 18, 2001).
Fed by stories from unnamed White House officials, the media reports that Air Force One was vandalized and looted by Clinton officials during the aircraft’s last trip with Clinton and former Clinton staffers on board. NBC’s Andrea Mitchell tells viewers, “The Air Force will replace Air Force One glasses and four hand towels, apparently pilfered by passengers traveling with the Clintons on their last plane ride home.” Fox’s Brit Hume says: “The raid that was conducted aboard that Air Force plane, the presidential plane, although it’s not called Air Force One because the president was no longer—Mr. Clinton, Mr. Clinton was no longer president—on the last flight to New York… was stripped bare. The plane’s porcelain, china… and silverware, and salt and pepper shakers, blankets and pillow cases, nearly all items bearing the presidential seal, were taken by Clinton staffers who went along for the ride. The Washington Times quoted a military steward as saying that even a supply of toothpaste was stolen from a compartment under a sink.” CNN’s Kate O’Beirne tells viewers: “During Bill Clinton’s final flight, the plane was stripped bare and not by sentimental staffers seeking mementos. Air Force One souvenirs were quickly posted for auction online. Why not make a final buck off the White House? Outrageous, but not surprising.” [Fairness and Accuracy in Reporting, 5/21/2001; Salon, 5/23/2001] Weeks later, the story will be debunked by an Andrews Air Force Base spokesman (see February 8, 2001) and by President Bush himself (see February 14, 2001).
The final paragraph of Mike Allen’s Washington Post report on allegations of systematic White House vandalism carried out in the last days of the Clinton administration (see January 26, 2001) states: “Some GOP officials are portraying the damage as a sordid coda to the Clinton years. A Bush campaign official said the White House staff and Secret Service agents welcomed the Bush entourage especially warmly on Saturday. Some of the kitchen staff hugged members of the Bush family, the official said, adding, ‘You could sense an attitude like, “Thank God you’re here.”’” [Washington Post, 1/26/2001]
Skepticism of Allen's Reporting - Months later, skeptical Salon reporters Kerry Lauerman and Alicia Montgomery will observe of Allen’s report, “As if the portrait of Clinton’s staff members loading their pickups with White House valuables wasn’t enough, readers were treated to the heartwarming image of a service staff grateful that their rightful rulers had returned.”
Desired Effect? - Lauerman and Montgomery will report that Allen’s reporting, and the entire “vandal scandal,” apparently had its desired effect: a rise in positive media approaches to the incoming Bush administration paired with a final slap at the outgoing Clintons. Days after the Allen report, conservative media pundit and publisher William Kristol will tell Fox that the “vandal scandal” worked well for Bush and his conservative supporters: “It’s been really great for Bush to have people—and including many Gore voters, I think—just look up and think, ‘You know what? Maybe I didn’t want Bush to be president, but I am glad that Bill Clinton is gone.’” Lauerman and Alexander will write: “It couldn’t have gone better for members of the incoming Bush administration had they choreographed it themselves. And, in fact, they had” (see January 25, 2001). [Salon, 5/23/2001]
Tony Snow. [Source: Symonsez (.com)]Conservative pundit Tony Snow, who was a speechwriter for the first President Bush, alleges that Clinton aides rampaged through the White House and through Air Force One in the last days of the Clinton administration, leaving wholesale wreckage in both sites—giving Washington “one last White Trash Weekend,” he writes. The White House “was a wreck,” he alleges: “They trashed word processors, left obscene messages on voice-mail machines, cut some phone lines and re-routed others, tinkered with computers, scrawled obscenities on walls, soiled rugs and carpets, tipped over desks, vandalized file cabinets, left nasty messages for their successors—and generally went that extra mile to prove Team Clinton, for all its good and decent public servants, included a record number of punks.” Snow also repeats allegations that Air Force One was subjected to systematic theft, writing that after the presidential plane took former President Clinton and some aides to New York following the inauguration (“loaned graciously by President George W. Bush [after] Clinton insisted on the grand transport because he wanted something befitting his personal grandeur”), the aircraft “looked as if it had been stripped by a skilled band of thieves—or perhaps wrecked by a trailer park twister.” Snow alleges that many items, including silverware, porcelain dishes with the presidential seal, pillows, blankets, and even candy and toothpaste, were stolen from Air Force One by Clinton aides and perhaps the Clintons themselves. “It makes one feel grateful that the seats and carpets are bolted down,” he says. “Nothing better expresses the narcissistic tackiness of the Clinton years than the last-day exit, complete with its kangaroo-court justice, graceless self-celebration, opportunistic abuse of the gift-receiving privilege, and wanton desecration of the nation’s most important political shrine, the White House.” Snow’s assertions are contradicted by officials at Andrews Air Force Base, home of the presidential jets, who tell reporters that nothing is missing from Air Force One. Weeks later, President Bush will acknowledge that nothing was taken from Air Force One (see February 8, 2001 and February 14, 2001). [Jewish World Review, 1/26/2001; Kansas City Star, 5/18/2001] Snow also passes along allegations that the Clintons were given hundreds of thousands of dollars of illicit gifts and contributions, and that First Lady Hillary Clinton posted “a weird variation on a bridal registry, establishing password-protected sites in which contributors could pledge to purchase specific items selected in advance by the Clintons’ design teams for their his ‘n’ hers palazzos.” [Jewish World Review, 1/26/2001] As with the Air Force One allegations, the allegations of vandalism and theft, and the gift registry, will prove to be almost entirely false (see May 18, 2001).
The Bush White House alleges that officials and aides from the outgoing Clinton administration vandalized the White House in the last days before Bush officials took over. Conservative news site NewsMax reports that the “slovenly misfits” of the Clinton administration “left the [White House] in a shambles” in the transition between the outgoing Clinton administration and the incoming Bush administration. Clinton aides engaged in “deliberate vandalism,” the report says, and cites a General Services Administration (GSA) official estimating that it may cost up to $250,000 to repair the damage. NewsMax quotes a report by another conservative publication, the American Spectator, which itself quotes “an inspector… called in to assess the vandalism as saying that several executive desks were damaged to the point that they must be replaced, and several more offices must be repainted because of graffiti.” [Guardian, 1/26/2001; NewsMax, 1/26/2001] Conservative Internet gossip writer Matt Drudge reports that “White House offices [were] left ‘trashed’” and so-called “[p]orn bombs [and] lewd messages” were left behind. No explanation of what Drudge meant by the “porn bomb” allegation is ever given. [Chicago Sun-Times, 1/27/2001] The allegations of vandalism and theft will prove to be almost entirely false (see February 8, 2001, February 14, 2001, and May 18, 2001).
Gore's Staffers Charged with Worst of Vandalism - British newspaper The Guardian repeats earlier claims that the worst of the damage was found in offices once occupied by staffers for former Vice President Al Gore, and that Gore’s wife, Tipper, has phoned Lynne Cheney, the wife of Vice President Dick Cheney, to apologize for the damage. The story is false (see January 24, 2001). [Guardian, 1/26/2001]
Reports: Cut Phone Lines, Extensive Damage, Pornographic Photos - Both the Washington Post and The Guardian report allegations that computer and telephone lines were “sliced,” voice-mail messages were changed to “obscene remarks and lewd greetings,” desks were overturned, and trash strewn throughout the premises. The reports add that filing cabinets were glued shut with Superglue, pornographic photographs displayed in printers, and “filthy graffiti scrawled on at least one hallway wall.” The Spectator’s inspector adds that “[e]ntire computer keyboards will have to be replaced because the damage to them is more extensive than simply missing keys,” referring to allegations that some White House keyboards had the “W” keys pried off. The Spectator also reports tales of former Clinton staffers reportedly “laughing and giggling about the mess their former colleagues left behind.” A Bush White House official calls the White House “a pigsty” in the aftermath of the transition. “The Gore and Clinton people didn’t ‘clean out’ the place because there was nothing clean about what they did before they left.” The GSA will pursue the former Clinton officials for reimbursement and expenses. The Spectator reports that “investigators” conclude the damage was “the result of a carefully organized campaign of vandalism unlike anything ever seen in the aftermath of a presidential transition.” [NewsMax, 1/26/2001; Guardian, 1/26/2001; Washington Post, 1/26/2001] The New York Daily News reports, “The destruction was so vast that a telecommunications staffer with more than a quarter-century of service was seen sobbing near his office one night last week.” [New York Daily News, 1/27/2001] CNN’s Paula Zahn observes: “All right, but this is the White House, for God’s sakes. We’re not talking about people living in a fraternity.” [Fairness and Accuracy in Reporting, 5/21/2001] Fox News is particularly vehement in its coverage. “They trash[ed] the place,” says Fox commentator Sean Hannity. ”$200,000 in furniture [was] taken out.” Fellow Fox commentator Oliver North (see May-June, 1989) adds: “We should expect from white trash what they did at the White House.… I recommend that what the Bush White House do is peel the wallpaper off that they defaced with their graffiti and ship it off to the Clinton Library so people can see it.” Fox host Bill O’Reilly says, “I mean, the price tag right now is about $200,000, so that’s a felony right there.” And O’Reilly guest Tom Schatz says, referring to the famous film about fraternity life, “They turned it into Animal House.” [Knight Ridder, 2/8/2001; Fairness and Accuracy in Reporting, 5/21/2001]
Air Force One 'Stripped Bare,' Reports Claim - The Guardian also reports that during former President Clinton’s last trip in Air Force One, the presidential jet was subjected to what it calls “an orgy of pilfering” (see January 25-27, 2001). It was “stripped bare” by aides, who reportedly took china, silverware, salt and pepper shakers, and other items, most bearing the presidential seal. [Guardian, 1/26/2001] On Fox, Hannity charges, “They strip[ped] Air Force One of the china and everything else that wasn’t bolted down.” [Knight Ridder, 2/8/2001]
Clinton Officials Admit to 'Pranks,' Bush Officials Allege Attempts at Theft - Clinton and Gore officials deny the reports of vandalism, but admit to carrying out pranks such as removing the “W” keys and affixing satirical signs to office doors that read, “Office of Strategery,” “Office of Subliminable Messages,” and “Division of Uniting.” A former Clinton official says, “It’s childish, but it’s also funny.” However, a senior Bush official accuses Clinton staffers of attempting to steal White House paintings and official seals from doors, and attempting to have those items shipped to themselves; Bush officials have ordered that all packages leaving the White House be X-rayed. [Washington Post, 1/26/2001]
Bush Aide Documenting Damages - A Bush White House aide has been delegated to document the vandalism, videos are being taken of the damages, and White House officials are being interviewed. White House press secretary Ari Fleischer has confirmed that the administration is reviewing reports of the alleged vandalism. [NewsMax, 1/26/2001] Bush himself downplays the reports, saying: “There might have been a prank or two, maybe somebody put a cartoon on the wall, but that’s okay. It’s time now to move forward.” [New York Daily News, 1/27/2001]
Entity Tags: Mary Elizabeth (“Tipper”) Gore, Sean Hannity, Matt Drudge, New York Daily News, Paula Zahn, Oliver North, Lynne Cheney, NewsMax, The Guardian, Fox News, General Services Administration, Albert Arnold (“Al”) Gore, Jr., American Spectator, George W. Bush, Ari Fleischer, Bush administration (43), Bill O’Reilly, Tom Schatz, Clinton administration, Washington Post
Timeline Tags: Domestic Propaganda
President George W. Bush, discussing his unwillingness to revoke Bill Clinton’s pardon of financier Marc Rich, says, “I am mindful not only of preserving executive powers for myself, but my predecessors as well.” [Chicago Sun-Times, 1/29/2001]
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