Remember 2000: The Stolen Election - Chapter 2 Blog

Sunday, November 12—
NBC, Meet the Press’, Tim Russert: "Our issue this Sunday: {Al Gore: "We now need to resolve this election, in a way that is fair, forthright, and fully consistent with our Constitution, and our laws."} .. {George W. Bush: "There’s been two votes, and, u..uh, w-w-we’re pleased with the results o’ the two votes!"} Gore vs. Bush. Still too close to call, six days after the election. Who will be our next President? How much longer will we have to wait? We’ll talk to both sides. For the Bush campaign; Former Secretary of State James Baker: {"We will therefore vigorously oppose the Gore campaign’s efforts to keep recounting, over and over, until it happens to like the result."} For the Gore campaign, former Secretary of State; Warren Christopher: {"If Governor Bush truly believes that he has won the election in Florida, he should not have any reason to doubt, or to fear, uh, to have the machine-count checked by a hand-count.."}
"With emotions running so high; will either side be able to accept defeat?:
"Joining us from Florida is the Bush campaign’s point man, James Baker. Mr. Baker, good morning. Last week you decried the Gore campaign for involving itself in legalities, in considering going into court; and yet it was the Bush campaign that filed formal suit in court, seeking an injunction: Why the Change?"
James Baker: "Well, we did that after there’d been eight, uh, lawsuits—or maybe more than that—filed by Gore campaign supporters. We did that only, uh, in the aftermath of, uh…uh yet another request for recounts after we’ve had a vote, and after we’ve had a full recount. Uh, there’re now requests for manual-recounts in a few, uh, selective, uh, predominantly Democratic counties that the Gore campaign wants to proceed with under a [Florida] Statutory Procedure, uh, that we do not think is fair;* and that we, frankly do not think is Constitutional, for a whole host of reasons, that I won’t go into here. But we felt, as I said in my statement yesterday, Tim, that we really have no other choice."
Tim Russert: "Secretary Christopher of the Gore campaign said, yesterday: ‘If Governor Bush truly believes that he won the election; that more Floridians voted for him: why does Governor Bush fear a hand recount?’"
James Baker: "Well it’s not a question of fearing a hand-recount. We’ve, uh, again, as I’ve said: ‘The votes were tallied on election night, Governor Bush won; we’ve had a full automatic recount, uh, au, subje’…since that time, Governor Bush, uh, won’. And now the other side wants to proceed, uh, with a manual recount in a few selective, selected counties that are predominantly Democratic, under a [Florida Statutory] procedure that has no standards; no uniform rules; and as we saw yesterday, uh…ah, watching the television, ah, from one of the, uh, counties, uh, where the vo…where the electoral board can, uh, look at ballots and subjectively make a determination as to who they think a, uh, ballot that was improperly marked should’ve been voted for. Well! This opens up tremendous possibilities for human error, and indeed it opens up tremendous possibilities for, uh, something worse than human error…and for mischief. And as I said yesterday, Tim: Voting machines…uh, the country is moving toward automated voting machines, because that’s the best way to get the most accurate result. And voting machines aren’t Republican, and they aren’t Democratic, and they are therefore not subject to conscious or unconscious bias.."
..Tim Russert: "Let me leave you with two other clips from overseas press: A headline in the Daily Mirror which says: ‘Forest Chumps:’ a picture (there) of Gore and Bush. Another headline: ‘What A Mickey Mouse Way To Run A Country’. Are you concerned the perception of the world has about American Democracy right now?"
James Baker: "I have been since, uh…since I came down here on November the 8th, uh, Tim; and I made, uh, several comments to that effect. And, uh, they were rebutted by the Gore campaign, uh, by saying, ‘Well, we have plenty of time, don’t worry, uh, the Clinton Administration is firmly ensconced in power and there’s nothing to worry about, and our friends overseas are not going to be concerned’. Yes; I’m concerned. I think it’s a black mark, uh, on our…on our Democracy and on our process; and it’s very regrettable; and no one can take any, uh, comfort or…or, uh, any pleasure—I don’t think—in-in, uh, watching what’s going on. I really, I-I really agree with that."
Tim Russert: "If in fact Florida is eventually awarded to Vice President Gore; will there be a sense in the Bush campaign—and (Republicans) throughout the country—the election was stolen?"
James Baker: "I can’t answer that question; and we’re not making that charge, as you know. But I…but-but-but…but our…but our challenge does rest, Tim, on the…on the fact that this process is, uh, has no objective, uniform standards to guide the people who are going to make these decisions on these, uh, ballots; if there is indeed a third recount. And they know when they’re looking at these ballots, what the effect of their decisions is going to be. It’s a rather unique situation: And there is huge potential for human error; and there is also huge potential for mischief! I’m not…I’m not suggesting that that’s the case: that there is mischief; I’m simply saying that this opens it up in a way, uh, that I think is, uh, is truly regrettable."
Tim Russert: "Secretary of State, James Baker, we thank you very much for joining us.
James Baker: "Thank you."
Tim Russert: "And with us now, from Washington, representing the Gore campaign is former Secretary of State, Warren Christopher. Mr. Secretary; Welcome."
Warren Christopher: "Thank you Tim."
Tim Russert: "Let me show you that same picture I showed Secretary Baker; of the counters looking at the ballot in Palm Beach; examining it, turning the card around, trying to discern—if you will—the intent of the voter. And again, they said: ‘If the chad—the piece of paper that was poked—was hanging, swinging or a tri-chad (pushed three-fourths of the way through) it would be counted. If it, in fact, were bulging, pregnant, or dimpled (it would be) not counted’. Is this, any way to elect the President?"
Warren Christopher: "Tim; this is the procedure called for by Florida law. Florida law provides for an opportunity for hand-counts, to check machine-counts. Uh, these are local election officials, chosen by the people in their counties. Uh, they’re doing the very best they can. I think: it’s not very useful to parody what they’re trying to do. They’re checking the machine-count to make sure the machine-count was accurate. And there was good reason for that, because in each of these four counties there were real anomalies: What do I mean by anomalies?: I mean things like: there being thirty-five-hundred votes for Pat Buchanan in Palm Beach County; three times as many as he had in any other county in the state. Pat Bucha…"
Tim Russert: "Wha’-wha’-le’-le’-le-me-let me stop you there! The Reform-candidate for Congress, who ran in the 16th district of Florida—in just one-third of Palm Beach County—got two-thousand-six-hundred-and-fifty-one votes!"
Warren Christopher: "M-my response to that would be: we’re really talking about Pat Buchanan’s vote; he, himself, said there had to be something wrong with his vote-total in Palm Beach County. That’s the kind of anomaly that caused us to ask for a hand-count in Palm Beach County."
Tim Russert: "Let me show you an article from the Palm Beach Post, and give you a chance to respond to it. Headline: ‘North Florida County Tries To Fill In Blanks On Ballot’. And each of those people acknowledges they’re all Democrats, and they awarded 170-additional votes to Al Gore: Reading the minds of the voters?; does that trouble you?"
Warren Christopher: "Well: I think, they’re trying to look at the evidence they have before them; to see, whether or not, the machine-count was accurate! As I say: this is called for by Florida law; it’s gone on for a long time. Tim, this is not a procedure that’s peculiar to Florida: Many states in the Union have hand-counts to check recounts. As, uh, we said earlier…as you said earlier: Texas does as well! Uh, this is a procedure that is not only common around the country, but it’s a very open procedure; and all the recounts that went on yesterday—all the hand-counts, that is—they had the press in there; they had a pool press person sitting there; they had, uh, pole-watchers, observers from both parties; so these procedures are standard: Uh, they’re election officials chosen in the counties themselves. In many cases there are bipartisan groups. And they’re doing their best to see whether or not the machine-counts were accurate. Machine-counts are very often inaccurate; just as you find your own…prob’ly your own credit-card-bills are sometimes inaccurate."
Tim Russert: "Six percent of the votes in Cook County (IL), discarded. Six percent of the votes in Palm Beach County, Florida, discarded. It’s what happens all across the country. Is that fair?"
Warren Christopher: "Well the…ya’ know; the unusual thing about Florida is that Florida has become decisive in this election. Uh, that happened on election night; as we all went up and down the emotional scales. First it was for Gore, then it was for Bush, and then it was too close to call; and then you’re down to three-hundred votes or so. This is an unusual, almost unique, situation. I think there is a great justification for having the hand-count to check the machine-count." .. {Sam Nunn states it in a public statement: "The two men who want to lead America, must now act in a manner worthy of the office they seek."} .. "Well I certainly agree with that last statement. I think they both need to be concerned about acting in a way; so that, when we get to the 20th of January the loser fully supports the winner. And I think that’ll happen. I’m confident that both of these men have the kind of a commitment to America; that we’ll see strong support from the loser for the winner, in our traditional terms, if we get to that point. Uh: go back—to the beginning of Sam Nunn’s quote—you’ll notice, uh; talking about lawsuits: We didn’t begin…we didn’t bring the first lawsuit!"
Tim Russert: "Uh…Secretary Baker insists, that you encouraged, and certainly supported, other lawsuits brought by disgruntled Floridians: let that debate take place in the, uh, over the course of time!: Senator Dale Bumpers, another Democrat (AR), said: ‘Let the recount continue;’ and then he added, ‘There might come a time when the Vice President would be well served to say, the country’s interest is more important than the interest of one person or political party, and go ahead and concede. That would be reassuring to the nation and to the world; it would put him in an unbelievably advantageous position for the Democratic nomination in 2004’."
Warren Christopher: "Tim: right now; I think it serves the purpose of our Democracy to make sure we get this right! Uh…we’re doing this in an expeditious manner. We want to get it over with as soon as we possibly can. But wouldn’t it be tragic, if it turned out…that the wrong man had, had been chosen here because we didn’t follow the procedures of Florida law! I think we’re on the right side of this issue, uh, in this time period we’re in, right now."
Tim Russert: "Secretary of State, Warren Christopher: we thank you for your time, this Sunday morning."
Warren Christopher: "Thank you."

Monday, November 13—
10:12am
Florida Certification Official, Bob Crawford: "This morning I’ve been reviewing the Florida statutes, uh, with our legal council, to make crystal clear exactly what the Florida law says as it relates to my duties as a member of the Election Canvassing Commission. It is clear to me that, uh, this statute takes away any of my discretion as a member of that commission, to extend the deadline of 5pm, Tuesday, uh, for the deadline for all the votes to be in from the counties. And it’s pretty clear; and I’ll…I’ll just read it to ya;’ it says—and these are under my instructions as a member of the commission—it says: ‘If the county returns are not received by the Department of State by 5pm of the 7th day following an election (which’ll be Tuesday at five), all missing counties shall be ignored, and the results shown by the returns on file shall be certified’. It doesn’t say: may be ignored, or may be certified; it says shall. So all…a-all I can say to anybody—my Democratic friends, uh, people who…who want to extend the election deadline—uh, I have to honor this election by following my duties as prescribed by the Florida statutes. That’s why I’m…that’s why I’m a member of this commission. The Florida legislature, uh, and the laws of Florida establish this commission. And the instructions to me are clear: That we have to re…to review the votes that are submitted by 5pm, on Tuesday. So, um…we’d looked very close to see if there was any, any discretion: there is no discretion; and therefore we hope that all the counties will get the votes in by 5pm…and I’m sure that—uh, ya’ know—we will be able to have 67 counties in by, ah, by Tuesday at 5 o’clock. Whether or not Palm Beach County—or any other large county—will have the opportunity to, um, uh, extend with, uh, further counts, appears to be, uh, not permissible under…under the statute. I have Bill Brian here, who’s acting as, um, uh, legal council on this matter and (he) has extensive, uh, background in election laws, and a staff legal-council here. And we’ve all come to the same conclusion that: there is no discretion."
Reporter: "It’s my understanding, in talking to people who know this process—close to the election commission—that there is another competing statute that does give the commission some leeway; opens the door for some discretion: Do you believe that?"
Bob Crawford: "I-I believe that the statute that you’re referring to, is directed clearly at the Secretary of State; not the Commission. The…I get my instructions in a different part of the statutes. The statute that you’re referring to there seems to give some discretion to the Secretary of State; but it also is in a statute that basically deals with penalties that can be assessed against the local canvassing commission, if they’re derelict in their duties by not sending up the-the report for…for whatever reason; and-an’…and she can either impose those fines, or not impose those fines; she has discretion there. But unfortunately, for those who want discretion, when you get further into the statute; the door is closed when it…as it relates to instructions to me as a member of the commission. I don’t have any discretion—it says: ‘shall ignore counties that are missing’. And then, at that point, ya’ go back to the vote that you have on file; and currently, what we have on file are the returns from the last counts, Saturday; which was the machine-count."
Reporter: "Some of these counties are telling us that they haven’t given you a certified, final tally; that they haven’t given you a certification: Is that not (inaudible)?"
Bob Crawford: "We have gained, through contact with the counties and through the internet, uh, the vote that occurred on those nights—which we have confirmed—and those are in our file. And according to the statute; then those votes that we have on file are the ones that we certify."
Reporter: "Would that include Palm Beach?"
Bob Crawford: "Uh: it includes Palm Beach. Yes."
Reporter: "What’s your thoughts, on legal challenges to extend the deadline; is that a…is it a valid point?"
Bob Crawford: "Wa’…it’s certainly an option, that, uh, any interested party would have. And frankly, that’s the only thing that would…could change it; would be a-a court order, uh, ordering us to…to uh, to ignore the statute. I don’t have the authority to ignore the statute; and I don’t think people would want me to be able to ignore a statute."
Reporter: "Secretary Christopher said this morning, that this action by the (Florida) Secretary of State and by the Canvassing Commission, preempts any action in Federal Court later today, so as to not give it meaning. Could you respond to that?"
Bob Crawford: "I…I’m really not familiar with what’s happening in the Federal Court, and, uh, I’m not sure exactly what he means by that. All I…all I know is that, uh, I have to be very cognizant of the instructions that I get as a commissioner from the Florida statutes, and that’s what I focu…I’m focusing on; and that’s what I’m here to talk about.."
CNN Reporter: "One question; everybody is asking: 5pm deadline: that’s what you decided: Is that hard, fast law..? Or is there wiggle-room, at the discretion of the Secretary of State?"
Council for Florida Secretary of State, Kerrey Carpenter: "Well the Florida statutes, the legislator of Florida, has decided that: to strike the balance, um, by imposing a deadline of 5pm tomorrow. And that law will be followed! And there, uh…there’s a process in the law for close elections: automatic recounting, for example; manual recounting. But that process must end, and the results must be certified by 5pm on Tuesday."
CNN Reporter: "How do you certify counties then: like Palm Beach where a judge has already issued a restraining order…or-or an injunction, saying: ‘You can’t certify it until I have a hearing, tomorrow."
Council, Kerrey Carpenter: "Yeah, I…that issue is going to be addressed in court; and, uh, the Secretary is a party to that lawsuit. We will be at that hearing, and I don’t think it would be appropriate for me to comment on that while the case is pending, and prior to it being heard."
CNN’s Jonathan Karl: "Well, Lou; the Gore campaign, clearly very upset about this move by the Florida Secretary of State, Katherine Harris; saying that ‘she will enforce the deadline of tomorrow at 5-o’clock to certify the election results, county by county’. They’re upset because that won’t be enough time for most of the counties, that are doing hand-recounts to finish that job. So you have a…kind of a two-front war here. On the one hand, they will be battling that in court; uh, the Gore campaign preparing to go to court to challenge her authority to enforce this deadline; also preparing to help those who—uh, the counties themselves—who are going to court to take this on. The second thing is a public-relations campaign that you heard Jean allude to: the Gore campaign wanting to very much point out that Katherine Harris is a Republican; she’s a supporter of George W. Bush. They’ve done it publicly in very measured tones. You heard Joe Lieberman bring this up when he was on the morning show. You also heard Warren Christopher, after their meeting this morning, say about Katherine Harris, and I quote: ‘She’s a long-standing supporter of Governor Bush, and I think her statement has to be taken in that context." That’s Warren Christopher’s very measured, uh, criticism of Katherine Harris. Behind the scenes though, privately, the Gore campaign’s going much further than that: they’re calling her a political-crony of both Bush brothers; George W., and Jeb; one aid calling her, off the recor—on a background basis—calling her a political hack. Uh, publicly; much more measured, but pointing out that she has very clear political ties to George W. Bush."
CNN’s Frank Sesno: "(You have said,) as you sat down here, that you have spoken this morning with Vice President Al Gore. What’d he have to say?"
Democratic Senator John Breaux (LA): "Frank, he was surprisingly very calm; much calmer than I would’a been under the circumstances. And we talked about the situation in Florida, and he was saying that he just wanted to make sure that everybody who voted in Florida had a right to have their vote counted; and that, the hand-recount is part of the Florida law and that it should be allowed to be completed, and be finished."
Frank Sesno: "So he conveyed clearly that he wants to play this thing out."
John Breaux: "Well…it’s not a question of ‘playing it out’! It’s a question of enforcing the laws. We (with Gore) talked about how thankful we were, that we are a country of laws; and not of men and politicians! And I think that, as a law allows for a hand-recount, the law should be carried out!"
Frank Sesno: "Did he express any indication as to whether he thinks he’s gonn’a…ultimately be the 43rd President or.."
John Breaux: "Oh no…no. No; I sort of said: ‘Congratulations; I guess’. And he said, ‘Well, we’ll have to see what happens with the recount. But it should be carried out’. You have a law which is in conflict down there; and I think the Court is the ultimate decider of what happens."
Frank Sesno: "Turning (now) to Senator Chuck Hagel, of Nebraska; a Republican: Again, let me start with this notion of this recount. You know; you’re an elected official: Is there any way…do you think that a court can say to a county: ‘No. You can’t have the extra time to count all your ballots?’"
Senator Chuck Hagel: "Well, we are now in the middle of a swamp here, Frank. We are…uh, in uncharted waters. And how far back, in unraveling this process you go, uh…who knows? Uh, we are now, ah, looking at a federal court decision. We are moving forward, uh, in recounts in certain counties, based on the state law. My point is, uh, that’s…that’s the issue here: the fairness of it is…is-is the real question!"
Frank Sesno: "I understand that, but as an elected official yourself; are you at all uncomfortable seeing, uh, a state official—or a campaign—urge that a recount not proceed?"
Chuck Hagel: "Well I don’t think you can do that. But-but there’s a bigger question than that, Frank, and that is, uh: where’re you going to stop? Uh, why not go, uh…a good legitimate question; go into every county, and hand-count? Uh, wh-why stop in Florida..? You see where I-I-I’m going with this?..! Uh, we are now into an area here that we’ve really never been into before; and the more the attorneys get into it, and the more the-the courts are in it, uh, it gives more and more options; just as our judicial system does!"
Frank Sesno: "Let me ask you the same question I’d asked Senator Breaux: What should be the rules of disengagement here?; at what point do people say enough; stop?"
Chuck Hagel: "Well some might say that we should, uh…uh, have two recounts; two counts of the Florida—uh, ballots which we’ve already had—wait for the absentee ballots to come in, uh, and then, uh, make a decision based on that. Not start what we’ve already started. We are, where we are now…an-and that’s-that’s the problem; because where that ends, and how that ends is pretty tricky. Uh, to ask any one of us, Senator Breaux, or me, where should we stop here; you’re gonn’a get a subjective, arbitrary answer!"
CNN’s (Burden of Proof) Roger Cossack: "My co-host, Greta Van Susteren has finally gotten out of that courtroom in Miami, and now joins us: Greta; what’s goin’ on in there?"
CNN’s Greta Van Susteren (on the phone just outside the courthouse): "The judge has just issued an oral decision—a written order, to follow within an hour on the website—the headline is: ‘The judge will not be issuing a preliminary injunction enjoining the local canvassing boards from continuing a manual count’. So the manual count will go forward."
Roger Cossack: "Well Greta, what does that mean, in your opinion, in terms of, uh…the earlier we’ve heard that all votes have to be certified from both of those counties; Volusia and West Palm Beach, by 5-o’clock tomorrow: Doesn’t that end up a little bit in conflict?"
Greta Van Susteren: "Well it may end up in conflict, but I don’t think that’s the Federal Judge’s problem. He was asked to issue a preliminary injunction to enjoin the Canvassing Board from certifying the election results. Now whether the Secretary of State can get the Canvassing Boards to complete the manual counts before five-o’clock, seems unlikely; but that’s not the Federal Judge’s problem. The judge’s problem was simply to find out whether or not he thought an injunction should issue: a preliminary injunction; whether there was irreparable harm to the plaintiffs; which in this case were, uh, the Bush/Cheney ticket."
Roger Cossack: "Greta, you and I had the opportunity to speak about this: No great surprise with this decision, right?"
Greta Van Susteren: "Well I suppose there’s no great surprise; because when Ted Olson—on behalf of the Bush/Cheney ticket—got up to argue; he never laid out ‘irreparable harm’. Even if the Republican ticket had a strong argument, they still must convince the judge that: if he doesn’t do it right now there’ll be irreparable harm. So even if the judge is ultimately convinced they should win, what he was unconvinced of, is that they met the prong of this irreparable harm. They couldn’t show a reason why a manual-count would harm the ticket."
Roger Cossack: "Greta, you know Ted Olson who argued this on behalf of the Republicans; do you think this is going to the 11th Circuit?; or ya’ think it’s going right up to the United States Supreme Court?"
Greta Van Susteren: "Oh I think it’s probably going to the 11th Circuit in Atlanta … I think on the irreparable harm issue—because what he (Olson) had to do—is to say why it had to stop right now; and the fact that there was going to be a report by the media, simply isn’t what meets the standard of irreparable harm. There’s nothing to do with who’s ultimately put in office or not, after the manual-count is done. What the other side from the Bush ticket (the Gore side) argued, is that: ‘This was not talking about diluting votes, but this was really talking about counting everybody’s votes’. So I’m actually not surprised that the preliminary injunction was not granted.."
Later on CNN, with Mark Potter; Greta Van Susteren: "..There is a specific standard: One: is that you have to show there is irreparable harm (if they don’t stop the counting). Secondly: you’re likely to win on the issue, anyway: that you’re right to begin with. And the judge essentially did not think the standard was met, so he said: I’m not going to put up a stop-sign on this manual counting."
CNN’s Mark Potter: "Now how do you judge the argument, that was put out by the Republicans?"
Greta Van Susteren: "Well…let me first tell you a little bit (about the courtroom arena). First of all: There were seven lawyers, on behalf of the Bush-side and the Republican voters; there were two sets of plaintiffs who brought it. The case was actually brought against—not the Gore campaign—but against members of the Canvassing Board who are in charge of running these elections in these four counties. What happened was, is that the Gore campaign: What they did, is to file a motion to intervene; they said: ‘Me too; We want to be in on this because we think we have rights’. Allan Dershowitz; he filed in motion to intervene—a me too—on behalf of his clients; who include a Republican voter and a Democrat voter. It’s like we all have an interest in this.
"And so what happens: They all went into the courtroom and made their arguments. It was essentially—the big picture is, it’s Bush vs. Gore: that’s the big picture; not quite technically right (as to) what happened in the courtroom—but it was an issue of the Federal Court vs. the State law: ‘When should the Federal Court get involved and tell the State how to run its own state: how to interfere with the State law’. The other interesting thing about it was: Machines vs. Humans. The Plaintiffs—who include the Bush/Cheney team—said that: ‘Machines are more reliable; and that, what happens when you bring in humans: that it’s subjective; it’s partisan; and that you have varying standards..’
"But what the Defense came back with is; they said: ‘Look, first of all, the Federal Court has no business doing this. This is state law. Secondly, is: The Plaintiffs haven’t shown any irreparable harm. And thirdly: This is a good system, we have done it (counting by hand) forever’!
"So that—in very simplistic terms—is what happened.."
Vice President, Al Gore: "There’s an awful lot at stake here. And what is at stake, is more important then who wins the Presidency. What is at stake is the integrity of our Democracy. Making sure that the Will of the American People is expressed, and accurately received. That is why I have believed, from…from the start, that while time is important; it is even more important that every vote is counted, and counted accurately. Because there…there’s somethin’ v-very special about our process, that depends totally on the American People having a chance to express their will, uh, without any intervening, uh, interference. That’s really what’s at stake here! And so, um, that’s what I’m focused on. Not, uh, not the contest; but our Democracy. To make sure that the process works, the way our Founders intended it to work. Look! I-I would not want to win the Presidency by a few votes cast, uh, uh, in error; or misinterpreted; or not counted: And I don’t think Governor Bush wants that either. So having u’…enough patience to spend the days necessary to hear, exactly, what the American people have said; is really, uh, the most important thing; because that is what honors our Constitution, and redeems the promise of our Democracy."
MSNBC’s Lester Holt: "Vice President Al Gore, speaking to reporters outside the White House. Not taking any questions. Joining us from Washington ..is Paul Begala. Paul, I take it you saw the Vice President’s remarks; what are your thoughts?"
Paul Begala: "Well (this is) classic Al Gore. I do think he, certainly—if he’s not fakin’ it—he seems awfully calm for a guy who’s whole future is resting on a couple-a’-hundred votes. But my sense of Gore, is he’s a process guy. He believes in the system. He believes in the process. And the question is: which side will recognize the legitimacy of a defeat..? And that’s an open question."
Lester Holt: "Did, did you mention his smile..? And it is kind of hard to believe; there’s got’a be a lot of tension behind that smile."
Paul Begala: "Yeah, but both these guys, I thought: Bush throwing the ball with his dog down at the ranch over the weekend…and these guys are pro’s. And they know, both: it’s the best public image to put forward; but also ya’ know these are both fairly resilient guys. And so I was glad to see both of them trying to remain calm; while, frankly: they’ve got their hired guns out there, slashing each other’s throats..!"
CNN’s Bernard Shaw: "Palm Beach voters are scheduled to take their concerns about that butterfly-ballot to court tomorrow. But today Bush attorneys filed a motion to have the lawsuits dismissed or moved to Tallahassee. That hearing began late this afternoon; and just this hour, the judge—slated to hear the cases—recused himself. Joining us now with the latest from Palm Beach County; CNN’s Martin Savidge. Martin:"
Martin Savidge: "Well once more Bernie, it’s time to update the legal scorecard out here in Palm Beach County; as you mentioned: That was Judge Steven Rapp. He decided to recuse himself after a motion was made in court at an emergency hearing this afternoon. We have been told now that the new judge, that has been assigned to this case is Catherine Brunson. This case is actually a number of cases that were brought in this county by disgruntled voters, who said that their right to vote was taken away from them because of, what they call that confusing butterfly-ballot. The original judge—two judges ago, in this particular case—prevented the state through an injunction, from certifying its vote here in Palm Beach County. And so, that saga is still continuing.
"Today, there was a protest—late this afternoon—that was organized by the Rev. Jessie Jackson. It was a protest where two…several thousand were said to be sympathetic towards the idea of a revote; believing that that butterfly ballot in this particular county did rob people of their chance to vote freely in the election. As the protest made its way down here to the county government building, it ran smack-dab into the middle of a counter-protest that had set themselves up in front of the stage. There was a lot of confusion here; a lot of signs, and a lot (of Republican supporters) shouting: ‘JESSIE GO HOME’. The Reverend Jessie Jackson finally retreated from the stage, before he could even speak. The organizers, locally here, said that they were concerned about security for Jessie Jackson. They said: there were not enough police officers; even though, there’re said to be 70 on hand. The Reverend Jessie Jackson exited (the area); reportedly to deliver his speech somewhere else. We have not heard more on that.."
Secretary Warren Christopher: "..It’s hard to understand why under these circumstance the Secretary of State (of Florida) would act to deny thousands—and perhaps more than that—of votes, that Floridians have asked to be considered. Her plan, I’m afraid, has the look of an effort to produce a particular result in the election; rather (than) to insure that the voice of all the citizens of the state would be heard. It also looks like a move in the direction of partisan-politics, and away from the non-partisan administration of the election laws.."
Bush campaign Communications Director; Karen Hughes: "..The law is very clear, according to our lawyers. It says that: the vote shall be certified by five-pm on Tuesday. Uh, the Secretary of State’s office—the Secretary of State, by the way, is an independently-elected official, uh, elected by the people of Florida to administer that state’s elections—and I believe that she, this morning, ruled that the counties did—in fact—have to report a vote-count, by law. Uh, that’s not a subjective decision; that is an objective decision based on the law of Florida.."
CNN’s Larry King: "..We’ll get an assessment from each of you. We’ll start with Mr. Woodward: What do you make of all this (Bob), as of this minute?"
Bob Woodward: "Ah; I was trying to think of the voters, sitting there trying to follow this suit; and this request for an injunction; and this allegation; and the poisonous language that people are really using in this. I guess, what’s going to have to happen, is there’s going to be a solution that will…where the average person watching it, will say: ‘Yes that’s basically fair’. And I suspect that you can’t have just a recount, in four Democratic counties in Florida; and it’s quite possible that a resolution would be a statewide recount, with the pre-agreement by both the Gore and the Bush campaigns that they would follow the results; whatever is was."
Larry King: "Now, David Gergen, you were telling us before we went on: you heard something interesting in Boston. We haven’t checked this out yet; but you heard what?"
US News and World Report’s, David Gergen: "Larry, my understanding is that the A.P. reported, about 8:37 tonight, that in Broward county—one of the four that has been targeted by the Democrats for hand-recounting—that they have now gone through hand-counting of about three-percent; and after doing that they decided that the number of votes…was so small: there was a slight pick-up for the Vice President; but they’ve decided—on their own—not to go forward with a hand-tally in Broward County: That would be one of the four. That’s not good news for the Gore camp. We also I believe now, in Volusia County: They have basically completed most of their precincts; and apparently the word is that they haven’t found much of a vote change there either."
Larry King: "David, so then all this is moot?"
David Gergen: "I’m not sure it’s moot. We still have Palm Beach and Miami-Dade still out there; but I think it probably, uh…I-I think the sense tonight, at this hour, given the legal standing of the parties; given the fact that the law in Florida is—I think, as Senator Hatch and Ted Olson said—rather plainly…is-is plainly written that these vote counts have to be in by tomorrow—unless the Democrats can reverse that in the Courts—uh, both Miami-Dade…and Palm Beach (tomorrow) would have to report-in their machine-count. And that leaves: Gore, in a weak position; Bush, in a very Strong position. The only thing they have left to count are the overseas ballots. Of course, Gore could still win it, but at this moment—if that word is right, out of Broward and Volusia Counties—I think the edge starts to go to Bush tonight."
Larry King: "Hal Bruno: What went wrong?"
Hal Bruno: "I think, what went wrong is, that ya’ had a very very close election. And you had—in the state of Florida—a very archaic way of doing things. First of all, this butterfly-ballot — and I voted in several states over the course of my travels: uh, I’ve never seen anything like that before. I don’t think it’s used in very many places — it was just simply a badly-designed ballot. On the other hand you could argue: there is an arrow pointing to the…where you’re supposed to punch it; uh, so it’s not quite as bad as some people may have made it out to be. Uh, but what David just said about Broward county, that the hand-count doesn’t change much there; he’s absolutely right in saying that that is bad news for Al Gore, because Broward County is the heart of Democratic strength. The other thing that went wrong in Florida, is that Ralph Nader simply got too many votes there. Because if he hadn’t, there would be no controversy: Al Gore would’ve been the big winner, and he would’ve won the Presidency."
Larry King: "Why was it assumed, Bob Woodward, (about) Broward County—if that story is, in fact fact—that these people would hedge, or cheat…or something? Why was that assumed?"
Bob Woodward: "Well I don’t know that that was assumed—at all!—in this. Uh, I think.."
Larry King: "Well: Hatch…Hatch said: ‘Democratic, uh, people are counting’."
Bob Woodward: "Well, but uh: Republicans also are watching the counting; and, uh, I haven’t heard any allegations where ‘there’s something going on’ in these recount rooms; where ‘somebody’s cheating or hiding ballots, or making the punch marks’ themselves! I’m not sure—exactly—what he’s talking about: But there is an indication, in West Palm Beach that, uh, the votes may change: and that Gore will get a substantial, uh, number of additional votes. And if you look at this process; it has been so focused on: ‘Well, let’s turn it over to machines;’ or: ‘are human beings better’. I think the general tendency, in this country, is: to not let the toaster or the refrigerator decide; but human beings decide. And there is a very strong argument in saying; these people are able to say: ‘Yes, that person intended to vote for candidate Bush, or Gore’!"
Hal Bruno: "Larry, something I don’t understand is; if they have to wait until the end of the week to count the overseas absentee ballots: why is there so much pressure to somehow or other to finish the recount by tomorrow at five-o’clock?"
Larry King: "That’s because, David, the Secretary of State is going by the law…as you see it?"
David Gergen: "I think the Secretary of State is going by the law, but let’s not forget: there is raw politics here involved too! Ah, it’s very clear to the Secretary of State: that, if you invoke that law and don’t find any room for a loophole or the using of discretion; it prevents Palm Beach and Miami-Dade—and Broward, if they decided to go forward—they can’t possibly finish it by five-o’clock tomorrow."
Larry King: "The public, though; poles show they want it finished…does that surprise you?"
David Gergen: "No, I think, Larry! That’s not what I read in the public poles. I read that the public wants a fair and credible count. And then they want it finished. And I must say tha…"
Larry King: "So how do we break that down?"
David Gergen: "Ah…ha-ha! I…I think that the public is showing a reasonable amount of patience on this, and they’re not insisting that there be a rush to judgment. I think what we’re seeing here, is the Republicans—just like the Democrats—are reaching for every legal tool they can; and the law is plainly written; and they’re saying: ‘We’re going to invoke the law the way it is and stop this recount’. I’d say, as a personal matter—an…and I’m reluctant to say this; because Jim Baker has been a very dear friend of mine, for a long time; and he’s a mentor of mine—that, I…I regret to say: that, I think the Bush campaign found itself in a jam on this. They were worried that the recount might push the Gore-vote up. I…I wish that the minority view within the (Bush) campaign had won out. That minority view was: ‘Let’s not go into court and block this;’ block the hand-count."

Tuesday, November 14th—
12:50pm
CNN’s John Zarrella: "Good morning, Bill. And if you haven’t heard about enough courts by now; let’s throw a couple of more court-actions into the mix. The county here is saying now: they would not be able to start the hand-count until 7am tomorrow morning. That’s because about an hour ago, in this very fluid situation; they suspended the count. That is to say: They decided not to count because the Secretary of State of Florida, Katherine Harris—who of-course is a Republican—issued an Opinion. They’d issued two Opinions: One from her; and one from the Attorney General Bob Butterworth, who is a Democrat. The Opinion of the Secretary of State was that: The county did not have the legal authority to do a recount; ‘Because, it wasn’t a machine problem; There’s nothing wrong with the machines; Unless you have something wrong with the machines, you can’t do a hand-recount of the entire county’. Now just a little while ago, they got a differing Opinion from the Democrat, the Attorney General Bob Butterworth, who said, basically that the Secretary of State’s Opinion is wrong: ‘That they shall, and are fully entitled to, as a county, and have the legal authority to go ahead and do a recount’. So what that means is they’re going to have to go to court now to get an Opinion from a judge, as to whether they have the legal authority to begin a recount; which would be tomorrow morning. And the Democratic Party(’s) Ben Cuny—a legal council for the Democratic Party—says: they have also gone to court here in Palm Beach County because they want the county to count; not just these votes that they’re planning on counting; but to count ballots, that are called ‘dimpled ballots’.. Now what that help would be, would be a determination from a judge to tell the Canvassing Board what a dimpled ballot is, and how you determine that a dimpled ballot should be counted. So it’s all very, very confusing; uh, and hopefully, one of these days in the near future we’ll get it all sorted out here in Palm Beach County. Uh, again, no counting today: It’s now been delayed until at least tomorrow. And of course so much depends on what happens up in Tallahassee; in Leon County—in State Court there—as to whether it’s even necessary to recount, uh, after five-pm today. Bill:"
CNN’s co-anchor, Bill Hemmer: "All right, John. Uh, once again we want to talk about Warren Christopher, the lead surrogate for the Gore campaign here in Tallahassee. We talked with him live earlier today. He indicates that there has been very little contact between the two campaigns—Al Gore and George W. Bush; between Washington and Austin, Texas—he indicated that there was a brief meeting between James Baker and Warren Christopher, on Friday; but then, yesterday just a brief handshake between the two men, passing each other inside the Secretary of State’s office. We’ll watch that, for ya’. We’ll also watch that court decision, out’a Circuit Court here in Tallahassee.."
CNN’s Lou Waters: "..The roller-coaster is stopping now, in the Florida courtroom of Circuit Court Judge, Terry Lewis; who has ruled on this Secretary of State’s, uh, demanding that: five-pm today, be the deadline for counting the votes. Mike Boettcher is standing in front of the microphones at the Courthouse, where this announcement is about to be read. Mike, what do you know?"
Mike Boettcher: "We got this…pardon me, just one second, Lou; we’re gonn’a make sure we got this right.. Okay: The motion for the temporary injunction has been denied. We should have someone walking up to the podium here in just a few minutes: So that would be a victory for the Secretary of State.. And uh, we’re waiting any minute for them to walk up to the podium, to read that Opinion. So that goes counter to some of the questions he was asking yesterday; Judge Terry Lewis, who has signed this order…it’s been taken up to the Court Clerk, and we’re waiting any moment for someone to step up to the podium: That will be Terre Cass, who’s the Court Administrator…I’m going to go out of the camera shot, because this camera will belong to all networks in just a moment; who will be broadcasting all of this. The, uh, decision was being prepared this morning, by the judge: Judge Lewis is a very highly-respected judge in this case, whatever his Opinion is; though, it is sure that it will be appealed by the side that loses! The Supreme Court is only a block away from here; and there is a mechanism in the Florida law which allows the party that wants to appeal to bypass the Circuit Court of Appeals, and go directly to the Florida Supreme Court. There isn’t much time to file this appeal: because, if Secretary of State Harris and her decision stands, there is a five-pm deadline—five hours—before that deadline hits. The Secretary of State sent her representatives to fourteen counties last night, who have not sent their certifications into the state: they’re ready to get those certifications—counties like Palm (Beach), we’re told by people on the Election Commission here in Florida—who have not sent in, or have a certified copy: They will use the last count that that county has; which indicates of Palm Beach County, would be the count that was given last Saturday, that was requested by the Republican Party; that was a machine-count."
Lou Waters: "Here we go Mike:"
(lots of shuffling around)
Terri Cass: "Good afternoon, everybody. We’re sorry to keep you-all waiting.. (shuffling) Can ya’ hear..? Okay…I’m going to read a piece of the order: the body of the order; and then I’ll go to the actual order-portion of the order:
"‘For the reasons set forth below, I find that the County Canvassing Board must certify, and file what election returns they have by the statutory deadline of 5pm, of November 14th, 2000, with due-notification to the Secretary of State any pending manual recount, and may, thereafter file supplementals or corrective returns. The Secretary of State may ignore such late filed returns, but may not do so arbitrarily. Rather, only by the proper exercise of discretion, after consideration of all appropriate facts and circumstances. It is ordered and adjudged that the Secretary of State is directed to withhold determination as to whether or not to ignore late filed returns, if any, from Plaintiff Canvassing Board, until due consideration of all relevant facts and circumstances consistent with the sound exercise of discretion, in all other respects. The motion for temporary injunction is denied. Done, and ordered in chambers at Tallahassee, Leon County, Florida this 14th day of November, 2000.’
"Thank you. (and with a bunch of shuffling around): There should be copies on both sides."
CNN’s Lou Waters: "So that’s what we’ve been waiting for. Uh…the action by the Leon Circuit Court Judge, Terry Lewis; just read to us by Terre Cass, the judicial court administrator, uh: turning it all back over to the Secretary of State, who’s decision yesterday—to call-in all the ballots (and) declared a 5pm deadline today, for certification of those ballots—has been upheld by the Circuit Court Judge. And, uh, now the next judicial step will be the Florida Supreme Court (with an ‘Emergency Appeal’ from the Gore side)."
FOX NEWS’ co-anchor, Linda Vester: "Well Rita, I’m sure at this point that a lot of people are reaching for the aspirin: So I say this…I ask this question with some trepidation; on the question of the Electors, who finally get to that meeting on December 18th: Uh, is it locked in stone that their votes are set—uh, there’s no swapping?—there’s…there’s nothing that could change there, in the equation?"
FOX NEWS’ Rita Cosby: "Well there is a possibility that they could, indeed switch party-lines: although; highly unusual, highly unlikely…especially in this political climate. In fact if you talk to both Republicans, and also Democratic political experts, observers who’ve been watching this whole thing—and Constitutional experts—: they say, that it has happened in the past; where some people have crossed party lines. Very unusual. And they particularly point out, in this climate Linda, where it is so politically-charged; and as we’ve learned; every vote counts. That counts for the voters; that also counts for the Electors. And they’re saying, in this particular case, because so much attention is focused on the numbers that: it would be very, very unusual that any of them would cross party lines. They believe that those who are committed to Al Gore, and are on that plate for Gore will go for Gore; those who are committed to Bush would ultimately go for Bush: That, they would be extremely surprised, particularly of the Florida Electors; if any of them crossed over. Although they are allowed to do it, technically; but they believe ‘very unlikely’ that that would happen."
Linda Vester: "Got it. Thanks for walking (us) through it. Correspondent Rita Cosby, live with us from our Washington Bureau. Just a couple of quick notes, uh, to let you know: At just about four minutes from now, we are expecting a manual recount to begin in Miami-Dade County in Florida; uh, that’s a recount of just three of the precincts; that was something that was really in question, but it is set to begin in about three or four minutes from now. Also, at about fifteen minutes after the hour, we’re expecting a news-conference; yet another, in the blizzard, from the Attorney representing the Florida Secretary of State. And with that, I’m going to send you back down to my colleague, Shepherd Smith in Tallahassee. Shepherd:"
Shepherd Smith: "Linda, thanks very much. In the next hour on this special edition of FOX NEWS; we’ll check in on that recount in Miami-Dade. 1% of all Miami-Dade’s precinc…uh, votes will be recounted; uh, we’ll check in on that. In addition we’ll go to Brett Baier who has breaking news now on FOX NEWS, with a new interpretation of the two camps interpretation of the judge’s interpretation of the State…State Attorney’s interpretation of Florida’s statute! We’ll have that for you. Plus we’ll go to David Lee Miller in Palm Beach County where the count is underway.."
MSNBC’s Gregg Jarrett: "..they’re going to send in their certified—automated, computer—recount that was already completed; but they’re also going to send in—belatedly—the hand-count results which are underway right now.. But let me show you this; this is entitled: Notice of Emergency Appeal. It was filed by the Bush/Cheney campaign, in Federal District Court just a short time ago. And all it is, is one line saying: ‘We hereby ask an emergency appeal’. This is not a standard thirty-day appeal: no; they’re asking for an emergency, instant, expedited appeal of yesterday’s loss in federal court; in which (Judge) Donald Middlebrook said: ‘A hand-by-hand count will continue in all four of these counties’. Now, lets take a look at our other camera upstairs, because there you see—even though the ballot-deadline is at 18:05 (18-minutes from now) and counting—these folks are going to ignore that time-clock; they’re certainly going to exceed it. What they are doing now is counting by-hand one-percent of the vote, in three specific-precincts that are largely Democratic. If they find that their results deviates significantly from the automated, computed recount tabulation; then they’ll do it, likely county-wide. And you’re talking about 650’ to 700,000 votes. That will take a very long time. Why are they doing this? Because they found out that, in this county, they had 10,750 ballots that showed up: no-vote for President. Democrats requested it after noticing that six of the seven precincts—with at least fifty of these kinds of ballots—were carried by Al Gore by a wide margin. And that told them: if you were to include some of the ballots that had hanging-chad, and sliding-chad and so-forth; likely that would add more that a hundred—perhaps two or three hundred—votes to Al Gore. That could make the difference in this state-wide, 25-electoral-counts contribution to the next President of the United States. Lester:"
Lester Holt: "Gregg, while your there; we want to punch-up this picture now—I’ve got it in the screen—I wann’a show folks what exactly is going on. We’re looking at this room of people, and you’ll see…like, uh, this person: They hold up…hold up the ballot; there’s people sitting next to them: Would you suspect these are, uh, Republicans and Democrats who are watching?"
Gregg Jarrett : "Yes. There will be at least one Republican, and one Democrat; and then there should be a neutral County-employee chosen by the Canvassing Board. And all…all six eyes have to agree. If they don’t agree; then it goes into a separate pile. And the Canvassing Board—composed of three members: one Democrat; and two (of them) don’t have party affiliations—they will then decide. And remember: if there is this—so-called pregnant chad; as opposed to the penetrated chad—well those are the no-vote for the President. That (those pregnant-chad votes) will be decided by the three-member Canvas Board.."
(Later) MSNBC’s Lester Holt: "..and what the Court ruled today—the Judge ruled—is that the deadline will stand. The Secretary of State—and, John Shubin; correct me if I’m wrong here—the Secretary of State has the discretion to accept others, or at least consider them if they come in later…if a county comes in next week with a bunch of hand-counts, and says: ‘This is going to change the outcome of the election;’ they can hand them over, and she can take ’em; or, leave ’em?"
MSNBC’s John Shubin: "Absolutely. Or put another way, she’s under an obligation to at least consider them, and consider the circumstances, and not act arbitrarily."
Lester Holt: "And that’s the question: circumstances. Now we’ve talked about hurricanes—obviously that is circumstances involving, ya’ know, physically (not) being able to count things—but is she…is she solely considering the issue, that the vote-outcome is changed? Is she considering what motivated that count; whether it was a machine; whether it was just a hunch: does all that play into it?"
John Shubin: "She’s gonn’a have to consider everything. She’s gonn’a have to consider the size of the county; she’s gonn’a have to consider why some counties may have been delayed because of court-orders, or because of confusion as to whether they should count or not count; she’s gonn’a have to take into consideration all the factors. If you remember the Palm Beach Canvassing Board; they were essentially speaking into the record, saying: ‘This is why we can’t start ’til seven in the morning; We can’t get our employees back!’ These are the sorts of circumstances that she’s going to have to consider."
Lester Holt: "And the question is, what ballots are they gonn’a look at..? If they’re gonn’a look at the ones that were originally tossed out; the issue of how they were categorized…I suspect that the Republicans have raised the issue that there’re so much discretion, and no firm standard in how these are counted: That ways into it, as well?"
John Shubin: "Well there’re three different things going on: You have, now, the lawsuit—the federal lawsuit, which appears to have been revived—which says: ‘The whole manual-count-system is unconstitutional’. You have the Republicans in Dade County challenging the same system; apparently in State court. You have Katherine Harris saying: ‘You cannot have a manual-recount, if the only issue is trying to figure out the will of the voter’. Bob Butterworth says: ‘The contrary..’ And that’s why Broward and Palm Beach count(ies) are simultaneously up in the Supreme Court trying to figure that out. So, they’re mechanically going to count the votes; but they don’t know whether they can consider them yet. And once they figure that out; then they take it to Tallahassee, and it’s up to Katherine Harris to make a decision. It’s a real mess..!"
From CNN, John King’s broadcast story:
{Warren Christopher: "We call now on the four counties to move ahead with their hand-counts, in accordance with this decision."}
{The lead attorney for the Gore campaign; David Boies: "This is a mandatory injunction. This is an injunction issued by a Florida Circuit Court; telling her that she can’t just stand firm, and say: ‘I’m not going to think about this after 5pm’. She violates that: she violates a Court-order! Uh, I don’t think there’s any chance in the world she’s gonn’a do that."}
From CNN, Bernie Shaw’s interview; David Boies: "..We’re ahead of where we were, this morning. Obviously, this morning; the primary purpose that we had was to see that the vote-count continued: so that all of the votes that were cast, were actually counted; and cast and counted for the People that they—the voters—intended to be voted for. Um, at this point…uh, twenty-four hours ago that vote-count had essentially been stopped by the Republicans! Uh, fortunately, given the Opinion that we got today; that vote-count is now going forward, in Dade County, and Palm Beach County and other counties. So we’re very hopeful that now this is back on track. The lawyers can go home; the voters can have their votes counted; and it can be solved in the political process where it ought’a be solved, and not in the Courts."
Bernie Shaw: "But a state court judge refused to extend the 5pm deadline!"
David Boies: "Well, what the state court Judge said, was that the Secretary of Sta…"
Bernie Shaw: "Well excuse me for just a second! Excuse me for a second…before you tell me what the.."
David Boies: "Sure.."
Bernie Shaw: "..what was said; the upshot of the judge’s ruling was that the deadline would not be extended..!"
David Boies: "Well that’s not quite accurate! Ah, what the judge said, is that people had to file the vote-counts that they had, as of now. But that, in addition to that the recount should continue. And, that the recounted totals should be filed as soon as they were ready. And the Court said, that the Secretary of State—who had taken the position ‘that nothing after 5pm today would be considered’—the Court said, that was wrong. That was an abdication of the Secretary of State’s responsibility. And, that the Court said that the Secretary of State had to consider what was submitted afterward, and could not disregard it unless the Secretary of State had a good reason to disregard it."
Bernie Shaw: "Do you regar.."
David Boies: "So what you have…what-what you have, is you have a…really, a two-step process. First; you have the filing that is going to be made today, or has already been made today, or is in the process of being made today; where all the counties are submitting their vote-count as of the present time. In addition, Palm Beach County, Dade County and other counties are going forward with their manual-recounts. And when those manual-recounts are completed, those will be filed.
Bernie Shaw: "David Boies, let me ask you a very direct last question, because our time is fast running out: Do you regard the ruling as a, kind of psychological cudgel over the head of the Secretary of State?"
David Boies: "Well? You could…you could say, that — I don’t think that’s the right way to look at it! I think wha…"
Bernie Shaw: "What I’m asking yo…I’m asking you, in effect: do you regard it that way?"
David Boies: "No, I don’t. I regard it as The Court telling the Secretary of State what the right thing to do is; and saying: ‘We assume you’re going to do the right thing’. That’s what I think the Court’s doing; and I hope the Secretary of State does the right thing! This is too late in the game for lawyers. It’s too late in the game for partisan politics. The voters have spoken; and the votes ought’a be counted!"
Bernie Shaw: "Okay, thanks very much for joining us; David Boies."
"Thank you"
"Quite welcome, sir!
"Now to Bush campaign attorney, Ben Ginsberg: You were…Were you within earshot of what was just said?"
Benjamin Ginsberg: "I was, Bernie."
"Okay..?"
Benjamin Ginsberg: "I enjoyed the ‘spin’ very much.."
"What was spin?"
Benjamin Ginsberg: "What wa…what was said..? or what was spun?"
"What was spun?"
Benjamin Ginsberg: "Uh…heh-heh: I think…I think, at the end o’ the day, uh; what the judge did, first of all, was deny the Democrat’s attempt to stop the…the State’s Secretary of State—a duly-elected official—uh, from…from carrying out the mandates of Florida election law. And in point of fact, the 5pm deadline—uh, that is the plain, statutory language of Florida law—will be followed. Um, and I think that’s a good thing for the people of Florida. It also serves the, uh, positive purpose of putting, uh, a definite, uh, finishing time to the process; and not the sort of endless dragging out that, uh, the Democrats seem to be trying to do: by opening up an unending number of ballot boxes; until they get a count they like: Not satisfied with the count on election night; not satisfied with the first recount; not satisfied with the second recount: they go from box to box, seeking the ultimate solution they wish."
Bernie Shaw: "So, Ben Ginsberg, you don’t see the Democrats having some wiggle-room, in the sense that the Secretary of State must use discretion?"
"Well, Bernie, the Secretary of State always has to use discretion, under Flor.."
"I…I’m talking about…I’m talking about what was implicit in the judges ruling today."
Benjamin Ginsberg: "Well, I’m not sure wha’d…wha’d ya’ mean, by: ‘what was implicit in the judges ruling’. It seemed to me it was a…a well reasoned Opinion; It said the five-o’clock deadline continues; uh, that if there’re any additional counts that come in after that point, the Secretary of State gets to use the discretion that’s given her under Florida statutes…"
"Well that’s what I meant, whe.."
" ..to accept how valid those counts are."
"Well, that’s what I mea…"
"..and Bernie, frankly…"
"That’s what I meant: when I said discretion! You just used the word, too; that’s what I meant."
Benjamin Ginsberg: "Well; discretion is a fine legal word, mu, mu…used many times; many ways; by many people: Bu-but the Secretary of State will look at the processes, uh, by which those counts are…are developed; and uh, if they’re…if they’re in line and consistent with Florida law, that’s the count she’ll take. And if they’re sort of the, um, the magnificent process of divining ballots, by partisan…then-then, she’ll have to make a judgment."
Bernard Shaw: "Let me ask you, do you foresee…Bush campaign appealing to the 11th Circuit, in this whole battle?"
Benjamin Ginsberg: "Well the case that was…that was held in-in Miami yesterday: We filed a Notice of Appeal to the 11th Circuit, on.."
"Mm-mhmm..!? What next?"
Benjamin Ginsberg: "Well I think we’ll see how…how Florida processes go along and whether the Democrats essentially, uh…uh, try and create mischief in the ballot boxes; and whether partisan, uh, ah, elected officials…or—I’m sorry: partisan members of the Canvassing Board—uh, trump up some votes for, uh, for Mr. Gore there. That would be a different set of facts; but-but frankly we don’t anticipate that."
Bernie Shaw: "Ben Ginsberg, when do you think the American people will have a 43rd President?"
Benjamin Ginsberg: "Uh, Bernie, I-I hope they have it, uh, in January on…on Inauguration Day."
"Well…I mean: before that?"
"In other words: ‘When this process comes to a close?’"
"Yes."
"Bernie, as…as-as Secretary Baker has said, on numerous occasions: ‘We’re-we’re seeking a…a final date to this’. Florida law sets that forth. Uhm, the ruling today by, uh…by the Judge here on Leon County was important, in setting that standard. And, uh, we hope things will move, according tu’…tu’ Florida law; and we’ll be able to get a rapid-resolution to it. The deadline for the absentee ballots, is midnight, on Friday."
"Okay. Thanks, very much, Ben Ginsberg, for joining us."
"Thank you, Bernie."
"Quite welcome."
CBS NEWS’ anchor, Dan Rather: "Good evening. Hard to tell whether it’s advantage Bush, or Gore tonight. Each side thinks it’s winning in the post-election battle for the White House, one week after election day. Here’s the latest: A State Court upholds today’s 5pm deadline for all 67 Florida counties to report their votes and recounts; but, the ruling by a Democratic-appointed judge says: ‘Florida’s Republican Secretary of State cannot reject later results without a good reason’. Volusia County; one of four, which Vice President Gore wanted hand-recounts, says it’s manual recount results are; ‘a little late, and should be included’. Palm Beach County announces a hand-count for tomorrow. Broward and Miami-Dade also plan recounts. And now, there is this: The Bush campaign has given notice tonight that it’s coming forward with a Federal Appeals Court case to stop all manual recounts: that’s on appeal. The final certified Florida vote that could decide the election, is to be announced Saturday, after absentee ballots from overseas are in and counted: that’s the plan of the Secretary of State (Katherine Harris). The Florida vote-count at this hour, shows Bush leading Gore by under 300 votes now, out of six-million cast.. We begin (coverage) with Byron Pitts, in Tallahassee, on the vote reporting-deadline. Byron:"
Byron Pitts: "Well Dan, the deadline has past, but the legal maneuvering isn’t over. Nor is the confusion.. It was the one ruling the World had waited for: Clarity from the Courts. A piece of paper, to spell out if today’s 5pm deadline would stand, or be extended. But instead, Circuit Judge, Terry Lewis provided a third alternative: ‘Yes, all the county canvassing boards must certify, and file by today’s deadline; but they can submit supplemental returns later’. In other words, counties like Volusia and Palm Beach with thousands upon thousands of ballots can continue recounting by hand; and it will be up to the Secretary of State to accept, or reject them later this week.. It was, in a way, a compromise ruling that gave both candidates some of what they wanted. {Warren Christopher says, "Under this Decision, we now have a vehicle for the full, fair and accurate tabulation of the votes from the citizens of Florida."} And the Bush campaign now has legal ammunition, to push for a speedy end. {James Baker says, "This could very well back us up, right smack up, if not beyond, the December 18 date of the meeting of the Electoral College; and clearly, that’s not acceptable—not just to us—but to the American people; I would venture."} So tonight, here’s where it stands: In Palm Beach County, a hand-recount of more than 400,000 ballots will begin in the morning; Volusia County finished its hand-recount, this evening, with Gore gaining an additional 98 votes; Broward County will postpone a possible hand-recount until later this week; Dade County is in the process of a partial manual-recount. Now, the pressure’s (inaudible) on election officials in Dade, and Palm Beach counties. If they want all of their ballots certified, they must complete the hand-count; and soon! Dan:.."
From CBS NEWS, John Roberts’ (later) report: ..{Warren Christopher: "The Court’s Opinion on this point is tantamount to the injunction that we sought."} John Roberts: "An already rancorous public-relations battle is about to turn white-hot. The Gore campaign will attempt to put so much public pressure on Florida’s Secretary of State, Katherine Harris, that she cannot exclude vote-recounts, submitted after tonight’s deadline. {Warren Christopher: "..And we certainly hope, that she will conclude that the lawful votes of the citizens of Florida should be included in any final tabulation."} .. {Gore’s lead court attorney; David Boies: "This is an injunction, issued by a Florida Circuit Court; telling her that she can’t just stand firm, and say: ‘I’m not gonn’a think about this after 5pm’. She violates that: she violates a Court order."} .. {U.S. Senate Minority Leader; Tom Daschle: "That’s the most important thing: is to allow that hand-count to be continued. And, that’s the essence of what we’re trying to do right now."} The Gore campaign is preparing for a fight. At the same time, they are also pondering an exit-strategy. One senior campaign official told me: they would like to have a clear end in sight by Friday. If they end up in court litigating the results of the hand-count, this could go on for a very long time. Dan:"
Dan Rather: "John Roberts, at the White House. The Bush campaign-line continues to be that: ‘Bush has won Florida; has won the election; and (in-effect) that Gore should give in’. And it is now contended by the Bush forces: that the deadlock is definitely contributing to economic uncertainty, on World markets..
"..CBS NEWS has learned that the Bush team, at the very-highest level has been told by staff; that there is now, quote: ‘A definite possibility’, unquote, ‘that this election may go to the Supreme Court’. Governor Bush, reportedly’s been told to expect a, quote: ‘Flood of lawsuits, whatever the Florida Secretary of State Decides about counting late votes’. Now it’s emphasized everywhere in the Bush camp: they believe they have won. They keep telling the Governor, that if he holds tight to the present strategy as things go along, he will be declared the winner and the next President.
"Also tonight, CBS NEWS has learned that Vice President Gore has (also) been talking-up among his staff. Gore is quoted as saying: he’s absolutely convinced now that he got the most votes in Florida, and that he will win that state, and thus the Presidency. The view from the Gore camp is that Bush is trying to, quote: ‘run out the clock.’ Gore forces believe; Bush now leads by only 288 votes in Florida—in votes actually counted—and that there are, quote: ‘thousands of Gore votes to be gained in the recount,’ unquote. The Gore camp expects the Vice President—they say—to win a majority of the absentee ballots still out from overseas.."
NBC NEWS’ anchor, Tom Brokaw: "[Something about the county Boards decision] ..we’ve heard; vowing to go ahead with the hand-counts in most of (those) Democratic counties. NBC’s, Kerry Sandars is in the county with the most at stake tonight: Palm Beach County. Kerry; what’s the latest there at the epicenter of all this?"
Kerry Sandars: "Well, Tom; tonight in south Florida in Miami-Dade County, a hand-count is underway. Efforts, in Broward County, to force a hand-count failed. But the real firestorm is right here in West Palm Beach: ..A day of confusion, and false starts in Palm Beach County. Twenty-five teams arriving just before 7am to begin hand-counting 430,000 ballots. But to their surprise, they sit around for more than an hour doing nothing. And then, they’re told to go home! What happened..? Secretary of State, Harris sends a letter; warning: ‘The County Canvassing Board is not authorized to manually recount ballots.’ It’s just one more delay, and the 5pm deadline is looming. Late afternoon, the voters descend on the hurricane bunker, where the cases of ballots are stacked, demanding a revote. {Palm County’s Canvassing Board Chair, Judge Charles Burton: "Standing around doing nothing is not productive, and we need to…we need to go forward or, or not go forward."} Fearing the ballots, cast here in Palm Beach will be left out of the state-totals, the Board decides they must turn in something. Just before five this afternoon, they faxed certified numbers to the State Election’s Office; but—in defiance—they will hand-count all the ballots here, anyway. {Palm Beach County Board member, Carol Roberts: "So, what happens..? Do we go to jail..? ..’cause I’m willing to go to jail!"} Starting tomorrow, they’ll try to do what they’d hoped to do today: a hand-count. Now, in Volusia, they’ve now completed hand-counting 184,000 ballots. The hand-count revealing a net gain for Gore of 98-votes. Tom:"
Katherine Harris’ news conference, Katherine Harris: "Good evening. I’m going to read a brief statement, but please understand, on the advice of our legal council, I won’t be answering any questions this evening. First of all, I’d like to thank all of the independently-elected, supervisors of elections, their staff, their volunteers for their extraordinary work, they’ve performed over the past seven days; and, they’ve just been terrific! And I’d also like to acknowledge the overwhelming support, that we have received, as we’ve worked to fulfill our statutory responsibilities, in insuring, a consistent, accurate, and independent process. As of 5pm today, the de-director of the division of elections reported receiving, certified returns, from all 67 counties; as required by law. In the race for the President of The United States, these certified results, from Florida’s 67 counties, for the top two candidates, are as follows: Governor George Bush: 2,910,492. Vice President Al Gore: 2,910,192.
"The usual practice of the State Elections Canvassing Commission, is to certify these returns as soon as the compilations are completed by the division’s staff. However, in three Florida counties: Palm Beach, Miami-Dade, and Broward counties; these counties may be contemplating, amended returns based upon manual recounts, not completed as of today’s statutory deadline. Within the past hour, the Director of the Division of Elections, faxed a memorandum, to the supervisors of elections in these three Florida counties. In accordance with today’s Court ruling, confirming my discretion in these matters; I’m requiring: a written statement, of the facts and circumstances, that would cause these counties, to believe that a change should be made, before the final certification, of the state-wide vote. This written statement, is do in our office, by 2pm tomorrow. Unless I determine, in the exercise of my discretion, that these facts and circumstances, contained within these written statements, justify, an amendment, t-to today’s official returns; the State Elections Canvassing Commission, in a manner constisen…consistent, with its usual, and normal practice, will certify, state-wide results, to this…to report it to this office, today. Subsequently, the overseas ballots that are due by midnight-Friday, will also be certified, and the final results of the election for President of The United States Of Am…Of America, in the State of Florida will be announced. We will continue to keep you informed, of the relevance…o-of-of them-m…o’ the relevant developments, as they occur. Thank you very much."
CNN’s Greta Van Susteren: "..there’s been a lot of legal action today: and I want to take us to Mike Carvin, who’s the national legal Council for the Bush/Cheney campaign; he’s up in Tallahassee. Mike, did you win or lose today in Tallahassee; or was it a draw?"
Mike Carvin: "Oh, no: We won very big! It was a very significant victory. The Democratic strategy has been: to delay and delay, until they get a number they like. And the Court today said: there’s a mandatory deadline, not imposed by state officials—like Ms. Harris—but by the state legislature. And I think that was a very significant victory."
Greta Van Susteren: "Well let me ask you, though, about a question…I have a question: The Judge’s decision today said in his order; that he was ordering the Secretary of State: (she is) directed to withhold the determination, as to whether or not to ignore late-filed returns. In other words, tomorrow: if the recount in Palm Beach County—the manual recount—shows that Vice President Al Gore has more votes than Governor Bush; doesn’t that…isn’t that a signal to the Secretary of State: she’s got to count those?"
Mike Carvin: "No, no! She doesn’t have to count them. The Court was quite clear, that she has discretion under state law to exclude it! And that, there’s a mandatory deadline; so, it’s only in extraordinary circumstances that she would ever have to take a late vote."
Greta: "Let me—let me interrupt for one second; to go to Bill Daley, in Tallahassee:"
William Daley: "([Missed taping this first part, but I believe it is:] The Secretary’s new, mandatory written memorandum-requirement is,) both, unfortunate and inexplicable! We continue to believe that a full, and fair and accurate count of votes by the bipartisan (inaudible) Board of Canvassers, is the best way to determine what was the true Will of the People of Florida. Every Floridian has the right to have his or her vote counted. The Bush campaign and the Secretary of State, in our opinion, are trying to cut off that right. We don’t support that! Secretary Harris’s newfound requirement: that the counties write a memorandum to be submitted to her tomorrow; is not supported, by the Judge’s Ruling today; to Set Aside the hard and fast deadline of 5pm: set (earlier) by Secretary Harris. It is an effort: another effort—in a series of efforts—to obstruct the work of these counties, to count the votes for the People of Florida.
"Let me also respond to the statement by the Bush campaign: The suggestion that the vote-counting—by the bipartisan (inaudible) Board of Canvassers—is somehow: ‘a partisan effort’; is truly unfounded. Full, or partial hand-counts have been completed or are underway, in eleven counties: Some with Republican majorities, some with Democratic majorities, and some very closely divided.
"This is not about politics: It is about the determining the will of the people fully and accurately. Let me be clear: Our goal is very simple: To have the votes of the People of Florida counted fairly and fully. The Bush campaign, and Secretary Harris have engaged in a variety of tactics; to block, or to slow this count: Lawsuits in Federal Court; Unfounded orders by the Secretary of State; And now, this new edict! It is time to end these tactics, and move ahead with what we all want: And that is: a timely count of these votes. Thank you, very much. Yeah, David:"
Reporter: "(inaudible)"
Bill Daley: "But to respond so quickly, and put another requirement as they (the Canvassing Boards) are trying to gear up and trying to move forward! They are very burdened—as you know—by this tremendous job that they have to complete; a task which is very difficult in this short order. She can make that determination as she goes through this week: but to put another burden on these people (just) as they are trying to begin, in some of these County’s (inaudible) Canvass; and to try get from them a requirement by 2:00 tomorrow afternoon: — to then Do What with it!..? We don’t know; and they don’t know — Uh, it seems to be a burden that was not there; and not required—obviously—by the Court. And is another attempt, in many ways, to try to put a burden on the people who are terribly taxed right now; trying to accomplish what the People of Florida want—the People, of America, want!—and what seems to be required by the courts.."
On the last section of ABC’s, Ted Coppel’s Nightline:
Former U.S. Senator (D); George Mitchell: "I think the first thing that either of them should do (when either party wins) is to in invite the leadership of the other party in: in the preparation of the Budget; the President’s program. That hasn’t been the practice in the past: The President tends to rely on his own party, sends a budget up to Congress; then the other party kind of takes it apart and, uh, you get some compromise in the end. You might begin by inviting them in to take part in that, because of the extraordinary circumstances that will exist: If Governor Bush wins, it’s very likely that he will have lost the popular vote. That hasn’t happened in America for more than a hundred years; and there’s going to be a lot of people angry about it. If Gore wins, after having appeared to lose, there’re going to be just as many people on the other side. I think calling them in, getting them involved in the preparations of the budget is one way to do it. Appointments are another way to do it. And third, and most important: a President sets the tone. A President can reach out in a genuine way—not a false and insincere way—and try to work with members of the other party on a cohesive program, that sheds the extreme, and the…perhaps even the major initiatives that they’ve proposed, in the interest of seeing a coming together again and a healing of the wounds; as having the first and highest priority."
Ted Coppel: "Senator Simpson, only a few seconds left; and how do you avoid that flammable mix: Of us, the media; and the extreme (party) partisans on both sides?"
Former U.S. Senator (R); Allan Simpson: "You’re going to have a lot of honest brokers in this one. And you’re going to have people who are the old pro’s: they’ll be the Mitchells, and the Simpsons, and the Doles, and the Moynahans, and the Bumpers; who’ll be saying to these new people: ‘Stop it! Knock it off! Everybody’s tired of it!’ Everybody…one thing, they said in this campaign: ‘We’re tired of the bickering!’ And when you have Gephardt and Gingrich—who never spoke to each other for five months—that cannot be; that is not possible; and it won’t be possible; and it will change; it will change: It has to! That’s how the politics works."
"Gentlemen; it’s always a pleasure listening to the two of you. Thank you very much for joining us!"
"Thank you, Ted."
CNN’s Larry King: "(Hello David); you got what you wished, didn’t you?: The Secretary of State says that she’ll consider the requests of the three counties in question, by two-o’clock tomorrow; isn‘t that what you wanted?"
Gore Attorney, David Bioes: "I think so…I think that, obviously, the 2:00, uh, deadline is something that was not called for in the Court’s order. Uh, it burdens the canvassing boards, just at the time they’re trying to get this work done. Uh, I think it’s unfortunate—and a little bit inexplicable as to why she would step out, and say, after having been told by a court: ‘Today, you can’t have a 5:00 deadline,’—that she would impose, even an informational deadline of 2:00 tomorrow. But I think the key thing is that the vote-counting is going on. The main point is that the Court Opinion has now encouraged the counties to finish the vote count. And that’s all we’ve been looking for: Just let the vote count get finished: find out what the voters have said."
Larry King: "What if tomorrow, she says: ‘I don’t buy the reasoning. After the other ballots are in Friday, I will certify all of this; and you can carry on your counts for weeks’. What do you do then?"
David Boies: "I, I would hope she wou…I would hope she wouldn’t say that. The judge has told her not to say that. The judge has told her: that would be an abuse of discretion. Um, and-and I…I want to think that she’s gonn’a try to do the right thing now. I-I wann’a think that: having been informed by the judge of the right way to do things; that she’s gonn’a—not only let this thing go on, but hopefully as Secretary of State—she’d put aside her partisan feelings, and encourage the counties to get this done as fast as possible. And one of the things that’s troubling, is that everybody talks about finality, and everybody talks about getting this over; but every thing that the Secretary of State of Florida is doing, and every thing the Bush campaign is doing is to try to delay this recount! And I think; that does not serve the People and the voters of Florida well. I don’t think it serves the People of the United States well. I think this should be over with; and the best way to get it over with is to let the recount finish."
Larry King: "Are you taking any other legal action, before two-o’clock tomorrow?"
David Boies: "No…no, we’re not. Uh, I think that, right now, we’re hopeful that the recount in Florida will show, what the results did in the rest of the nation. And remember that it’s undisputed—that no matter what happens in this recount—the Gore/Lieberman ticket won the Popular Vote. Uh, and they’re leading in the Electoral Vote outside of Florida. So what we’re…(-we) expect to see happen in Florida is what happened in the rest of the country. And all we want to do is to see that recount proceed, so that we get it over with."
Larry King: "Uh, do you expect that to be the resolution? I know lawyers don’t like to forecast; but do you expect her to let the count go on?"
David Boies: "I-I would hope so, Larry. Uh, I can’t predict what she’ll do; particularly after some of the steps that she’s taken. But I would certainly hope that she would recognize that, in the long run, the voters of Florida (and) the courts of this state are not gonn’a permit her to arbitrarily cut off the process. That’s exactly what the Court ruled today that: she cannot arbitrarily refuse to look at these recounted votes. And I would hope she would listen to that and act accordingly."
"By the way David, I am just told—that CNN has been told—that Dade County has chosen not to recount."
"Uh, what we know is that Dade County did the initial sample recount: that is a three-precincts and 1%. Uh, now, we would have thought—and we hope, that Dade County has not been discouraged by the Secretary of State’s comments today—but certainly: under the law; since the change in votes, if carried out to all of the precincts, would’ve been enough—just in Dade County alone—to change the results of the election: Under Florida law there should’ve been a count of all of the ballots—a manual-recount of all the ballots—in Dade County."
Larry King: "Do you think they’re waiting ’til 2:00 tomorrow?"
"Larry, I don’…I don’t know. I-I think that is one of the unfortunate kinds of ‘mischief’ that this kind of announcement by this Secretary of State, uh…uh, could possibly cause. Uh, I…I certainly think—under Florida law—since the results of the recount, of the three precincts, show that there was enough change in those votes—so that, if you had the same change in all of the precincts—it would change the election! In fact: if you just had the same change in the precincts in Dade County; that alone would put Gore ahead. Uh…under state law it’s very clear that: under those circumstances, you’ve got to recount all the ballots! And, uh, I…I-I would hope that they haven’t been discouraged, uh, by this 2-o’clock deadline from stopping that recount. I think that would be very difficult!"

Wednesday, November 15th—
This Wednesday begins with a new Emergency Petition to the Florida Supreme Court, by Florida Secretary of State, Katherine Harris. In West Palm Beach, the vote count is now stalled again by this petition; stalled also, by a Republican-resident of West Palm Beach, James Carol; whom files with the Canvassing Board Chair (Judge Charles Burton, presiding) a formal complaint that: Carroll Roberts "a known Democrat" should recuse-herself from the Board; by his issuing a Republican notarized-and-signed formal writ; and then reading his very long list of ballot-handling-complaints (a very serious legal charge against Roberts). Dennis Newman (a Democrat), then states it clearly that: ‘This action was only another attempt to delay the process; by the Republicans as a whole’. This complaint against Carroll Roberts is then discussed in public; then dismissed, by the Board.
Palm Beach County Canvassing Board, Chairman; Judge Charles Burton: "..As, I told you, um, while we were back there, and we were getting ready to come out: We’ve received, over the fax—and actually, I was just personally served—an Emergency Petition.."
Palm Beach County Attorney, Denise Dytrych; continues his sentence: "An Emergency Petition for an Extraordinary Relief was filed by the Ka…I’m sorry, by Katherine Harris, the Secretary of State. She’s asking the Supreme Court to secure jurisdiction over all these matters; and she asks all matters that are pending right now, be transferred to Leon County. She’s also asking the Supreme Court to, um, suspend any, um, manual recounts that would occur in Palm Beach County, Dade and Broward Counties; pending the resolution of all these…all the litigation that’s going on."
Judge Charles Burton: "All right. Um.. One of the things that, uh…I mean: I think I can share this Chair’s frustration—as well as the frustration of folks—everywhere: On the one hand, we’re trying to move forward; on the other hand, it almost seems to be, uh, musical-courts: so to speak! And we’re going from one courtroom, to the next courtroom to the next courtroom; which is, uh…ultimately will have an impact on the…what this board does. I know the County Attorney advised us yesterday-.. um-.. I don’t know where this.."
County Attorney, Dytrych: "Uh…I would renew my advice to you, from yesterday: that you do not do anything until this has been judicially determined; in light of the fact that now, we are at the highest court, the Florida Supreme Court: it would be my recommendation that we not proceed with anything at this time."
Charles Burton: "Do we have any indication…or are we able to determine.."
Palm Beach Commissioner; Carroll Roberts: "Madam Attorney…um; the question that the, uh…Your Honor’s just asked you, is: are we breaking the law? And you said, ‘Yes’. Is that, what I understood you to say? And if so: what law are we breaking; please?"
Denise Dytrych: "When we have the binding Opinion from the Divisions of Elections, it’s my opinion that you really should comply with that…that you should.."
Carroll Roberts: "Even though, the Attorney General has defined that that’s not?; that we can go forward? So now we have two different Opinions? And which one should be binding?"
Denise Dytrych: "The Attorney General’s Opinion, is persuasive; the Division of Election’s Opinion, is binding.."
Carroll Roberts: "He did opine..?; Uh, again: What law are we…what statute is it that you’re quoting; that tells me, that the Secretary of State has a binding Opinion?"
Denise Dytrych: "The section 106.23.. (blah, blah).
Carroll Roberts: "Well, again. I respectfully decline at this point, in agreeing with you. Because, as we already decided, yesterday, to go forward; I believe we should still go forward."
(This meeting continues; and, as Judge Burton later states it again: "With frustration", and: "Waiting on some kind of court-order from Judge Labarga").
CNN’s Bob Franken in Atlanta: "Well actually, we had one notice of appeal of a Miami Court-ruling, a couple of days ago by the Bush people—that there should not be intervention by the Federal Courts, to stop the hand-recount: Now we have two. There’s now a second court action that was taken in Orlando, Florida, last night; where another group of people filed in another Federal Court—the Court of Federal Judge, John Antoon—seeking an end to the recounts. Same-arguments; same-rejection by that judge, who said that: a), It doesn’t meet the standards to become a Federal Court matter; no Constitutional standards: And, b), It does not meet the standards for an emergency temporary restraining order—the main one being, that there would be ‘irreparable harm’—so, the District Court Judge turned the second group down; just like the first. Both of them have now filed motions of appeal here, with the Eleventh Circuit Court: Does that mean that they will absolutely appeal here?; They don’t necessarily have to; although, we’re told, that in at-least one case there will be the requisite papers filed here today for that appeal. The Eleventh Circuit Court will be asked, in-effect to violate what the judges say is their own precedent, and make this matter a Federal matter instead of the State Court matter that, uh, is normally preferred in such election cases. So, it is going up the legal ladder. There’s no indication it’ll go any further than this. But the people who are friendly with Governor George Bush—the Republican Presidential candidate—are trying to go to Federal Court too; to stop the hand-recounts in Florida. Thus far they’ve been unsuccessful, and so they’re going to try an appeal here. Two cases now, Steve."
CNN’s Daryn Kagan: "(We are going now) to Broward County, where—after thinking about it once again, as we understand it—it has decided to go ahead with a full manual-recount. With more on that; our Susan Candiotti’s on the phone from Fort Lauderdale. Susan, what do ya’ have?"
Susan Candiotti: "Hello Daryn. Well this is a stunning reversal, to a vote made by the Broward County Canvassing Board on Monday. The Broward County Canvassing Board has now voted to do a full hand recount of all the votes in Broward County, Florida. This is a vastly Democratically-favored county, in which Gore bested Bush by a two to one margin. However, in doing an initial recount just the other day, it was determined that four additional votes came in for Vice President Gore; and the Canvassing Board—at least some members—determined that there was no voter-error involved; but instead, machine error. It is on that basis that the Board decided that it would be proper for them to go back and do another recount, no matter how the chips may fall in the end: to conduct this full hand-recount. This is being done despite the fact there are petitions filed before the Florida Supreme Court: both by the Secretary of State, Harris; as well as outstanding petitions being filed today by this Canvassing Board, continuing to seek clarification on various dueling-Opinions, as to whether they can proceed with a full manual recount. Despite that, the comment was made: that time was of the essence; and therefore the board has voted by a two-to-one margin to go ahead with the full recount: The only Republican member, of the panel—who is the Supervisor of Elections, in Broward County—(being) Jane Carroll. Nevertheless the Board is moving ahead, and it’s going over the details of that right now."
Warren Christopher: "Secretary Harris has petitioned the Florida Supreme Court: to consolidate—in a Tallahassee trial court—pending legal disputes, concerning the Presidential election here in Florida. She has also suggested that, uh, the hand-counting of ballots be suspended during this interim period. We think that the effect of this proposal would be: to delay, yet again the efforts to ascertain the views and the will of the people in this State. At the same time; we think: there is merit to a notion of moving to resolve the legal disputes, more quickly; to reach a faster, and fairer resolution for all concerned. Therefore we’ll be responding today to Mrs. Harris’s petition with our own proposal to speed up the resolution of this matter. Instead of sending the cases to a trial court, uh, here in Tallahassee County: we’ll be asking the Supreme Court of Florida, itself, to resolve critical questions. Those questions are: First; Whether the hand-counts now ongoing are appropriate under Florida law, and if so what is the deadline for their completion..? Second; What are the standards for determining if a vote has in fact been cast, and whether a countywide hand-count is justified and warranted.
"All of us share in a desire to have a speedy and an accurate resolution of these questions. We hope that Secretary Harris, and the Bush campaign will join with us; and support this proposal to have the Supreme Court of Florida take charge of these questions; and bring them to a speedy, rapid resolution. We think it offers the best hope for moving the count, here in Florida, to a fair and speedy outcome for all. We disagree with Secretary Harris’s call to: suspend the vote, pending.. I’m sorry.. to suspend the, uh, manual counting, pending the outcome of the litigation. Let the counts continue: we believe; with an understanding that the ultimate status will depend upon the decisions reached by the Florida Supreme Court; we hope: in a rapid and timely way. If the Supreme Court rules against any of these counts—or clarifies the law in some respects—then appropriate steps can be taken, uh, with respect to the hand-counts.
"Once again, as I indicated, we remain disappointed by the actions of the Secretary of State; because we believe that the effect of them will be only to delay—once again—the counting of the votes. We hope that the Supreme Court of Florida will take this opportunity to speed the process; to what we think is the goal of all of us: and that is to have a full, fair and accurate count of the votes! Now, Mr. Douglas, and Mr. Boies and I will be glad to respond to your questions.."
.. (Reporter’s question made, not included here, and answered by:) Warren Christopher: "One of the reasons why, were wanting to have the Supreme Court take charge of these matters, is so we can reach a single fair standard to be employed by the counts in the three counties.." .. "..We’re proceeding, in a way that’s consistent with Florida law; justified under Florida law. And, uh; it’s quite interesting to repeat, uh: The Republicans have hand-counted in many-many, uh, of the counties themselves, uh, and, they’re heavily-republican in nature. And so, I think that the notion that somehow we have picked out a certain few counties that: ‘(we) are trying to get the result we wanted to achieve’; is belied by what’s happened in the various counties." .. "Uh, that’s a—you know—that’s an interesting question; and one that we’ve pondered ourselves. But, I think, we’d…it’d be setting the matters back if we stopped all recounts now. We think that that may be the result—and, indeed that may be the purpose of—..of the Republicans, in this situation.
"It’s a little like, uh, playing a baseball game under protest: uh, the game should go on; but the game has to be replayed in some other way.
"After the Supreme Court of Florida clarifies matters; we can do it at that time."
David Boies: "I think, that one of the things that we are saying, is that, there…since there have been hand-counts requested by the Republicans, in counties they selected; the hand-counts—in the counties, that the Gore campaign has selected—should be permitted to go forward. You should not have a situation; in which: only one team gets up to bat! So I think in that sense: we are saying that. That’s not all—of course!—what we are saying. Because; one of the things we’re also saying is that: Under Florida law, any candidate has a right to get a manual recount! It’s always been that way. That’s happened in a lot of campaigns in the past. It’s happened in this campaign; in other counties. And what we’re saying is: Don’t change the rules in the middle of the game. Don’t shut out the manual recount here; when that has been a traditional part of Florida law. With respect to the standard, that’s going to be applied—the general standard that is applied—is that: They are supposed to look at the ballot, and see whether they can determine an objective indication of what the voter was doing! This isn’t reading anybody’s mind: It is looking at the ballot itself, for objective evidence of what the voter intended to do!
"And the problem with holding up the recount, is that: Every day this week, the Secretary of State has imposed a new deadline; And, every day this week, the Secretary of State has threatened: ‘Well, if you don’t get the recounts done by two-o’clock, or four-o’clock, or five-o’clock, it’s gonn’a be too late.’ Under those circumstances, we think it would be very unreasonable to ask people to stop those recounts. Because the game here, may be—I hope not—but the game, may be: To delay those recounts, as long as possible; and then bring down the curtain..!" .. "..And, one of the things that’s in our petition—that will be in our petition that Mr. Christopher referred to—is a request to the Florida Supreme Court: to set a reasonable deadline. This is not a matter of weeks. This is a matter of days. We don’t think it’s a matter of hours! But we do think it’s a matter of days. Palm Beach has said they’ll get it done, in a week. If you hadn’t had the various opinions and other actions by the Secretary of State to stop the recount; we’d be a lot closer to having it done now! But it’s not a long period of time. It’s not going to drag on indefinitely. It’ll be done, in a matter of days! All we’re saying is: Let the process continue! Let the votes get counted!"
Reporter: "Why haven’t the two sides…why have you, and Mr. Baker not sat down behind closed doors and figured out what’s acceptable to both sides; then come out, and say: That’s it! We’ll accept these terms?"
Warren Christopher: "I think you may have some ideas of why we’ve not gotten together, when you look at the proposal, that Mr. Baker made yesterday; ‘that we should limit ourselves to the overseas ballots, plus the ballots that had come in by 5:00 yesterday’. That wasn’t—in my judgment—a serious proposal. And I’m not likely to start a negotiation, on the basis of that kind of proposal."
Reporter: "Mr. Boies; are you contemplating any further action in Federal Court; raising the issue, that, the Constitution says: the most important thing is for the voter to be able to vote and to have his vote counted? And isn’t that, in fact, you know: supreme in a sense to all these various state statutes, deadlines, conflicting statutes, and so forth and so on? That’s what the Constitution says! I believe that’s the argument that Mr. (inaudible) made in Miami on Monday morning."
David Boies: "Yes. And that’s really the argument we’ll be making in the Florida Supreme Court. And this really is a matter, at this stage, for the Florida Supreme Court. The Florida Supreme Court has been very protective over the years, in its citizens’ right to vote; and, making sure that the vote—as The Court said, in a recent opinion—is not only made, but heard! This is a matter for the Florida Supreme Court. And what we’re trying to do, by this action, is get that made expeditiously: so that we get a final resolution of this issue; and we can get—what I think everybody wants—which is a final resolution of this election."
Reporter: "(inaudible) ..to withstand this kind of pressure? It was a State law, that was used in council races: it was used in races that didn’t matter this much, to the entire nation. As you look at the law; is there enough room there for all of you to find conclusions?"
David Boies: "I-I think there is…because, I think Florida law is not that different from the law of most states. And, what the purpose of the law is: is to make sure that peoples’ votes are counted. And what Florida law has done—like many states—is it’s set up a series of steps that people have a right to take; particularly, in close elections. And while this is an election for the Presidency of the United States; there are a lot of elections, for congressmen, and senators, and mayors; that are very important to the citizens involved. And that law has been set up to make sure that those votes—and these votes—are counted. And that’s what we’re going to be arguing in the Florida Supreme Court!" … "I think you…you will see, in the papers—and maybe you’ve heard, from us—that this is a step from the Gore campaign in that direction. Because what we’re saying is: this is ultimately something to be decided by the Florida Supreme Court. And, we have put to the Florida Supreme Court, the basic questions that have to be answered. The Questions are: What kind of manual recount?; When do you terminate it?; What are the standards?; Can you have a manual recount in some counties, and not others? These are the kinds of issues that the Florida Supreme Court has got to decide; and our goal is to get those decided expeditiously. And, we think that with the count going on now in Palm Beach; and—as you may have heard—Broward County has now decided that it’s going to complete the count; so we think, we’ll have the ability to have the votes available, to resolve this promptly. Ah, and…and all we’re asking is, that that go forward. It’s gone forward in 49 states: You take all the other 49 states in this country, and there’s no doubt that Vice President Gore is the popular-vote winner; he will be, no matter what happens in Florida. There’s no doubt that Vice President Gore and Senator Lieberman have a majority of the Electoral votes, outside of Florida. And, all we’re saying is: Let’s get Florida done; and let’s get it done fairly, uniformly and expeditiously."
Palm Beach County Circuit Court, Judge Jorge Labarga’s Ruling. Judge Jorge Labarga: "The Palm Beach County Canvassing Commission has the discretion: to utilize whatever methodology it deems proper, to determine to true intention of the voter; and it should not be restricted in that task.
"To that end, the present policy of a ‘Per-Say Exclusion’ of any ballot, that does not have a partially-punched, or hanging-chad is not in compliance with the intention of the law. Accordingly: the Canvassing Board has the discretion to consider those ballots, and accept them or reject them. And that—basically—is my order. Ladies, and Gentlemen; Thank you."
FOX NEWS’ John Gibson: "..The way this works, is that: if there—..or could work—..I mean, we don’t know it is gonn’a work…the way it could work; and people are all looking ahead here as to what might happen, um…let’s say that, uh, George W. Bush loses—or appears to lose, his lead in Florida—if he were to lose Florida, uh; Al Gore would be up by…Al Gore is now at, um, 262; so he would be up 17-extra Electoral Votes, if he took Florida’s 25: But it would then be incumbent on George W. Bush, to reduce Al Gore’s lead, some-way or another; Iowa, Wisconsin, new Mexico, Oregon, are all slim Al Gore leads. In, uh…as you just heard Jeff say: In Iowa it’s 4000 votes; in Wisconsin it’s 5000 votes; in new Mexico—oh, I think—it’s 300-and-some odd votes; and in Oregon it’s a-few-thousand votes. So, in order for…to keep Al Gore from having that magic number of 270; it would be incumbent on Bush to, uh, somehow reduce him somewhere else: and that is why the issue of Wisconsin, and Iowa come into play.."
MSNBC’s Lester Holt: "There is a lot going on this hour: We learned, just moments ago that Secretary James Baker—who has been watching the recount for the Bush campaign—will be talking to reporters, I believe in Tallahassee, at some point this afternoon..
"Now, we used to call our coverage: ‘The last mile:’ We never knew it would be such a long one. The battle for the White House, continuing today. Let’s get you up-to-date with the very latest: A Federal Appeals Court in Atlanta has agreed to hear George W. Bush’s case, ‘Against hand-recounts in Florida’. Remember, they thought they were unconstitutional: The first court knocked them down; well now, the appeals court is going to take it up; that’s in Atlanta. Secretary of State, Katherine Harris’s 2pm deadline—to provide reasons for a continued-recount—has passed. That was an hour ago. Miami-Dade county has rejected a manual recount. But both Broward—where you saw those ballots being unloaded a moment ago—and Palm Beach counties: they want to go forward. Secretary of State Harris, also wants the Florida Supreme Court to settle all election-related lawsuits in one fell swoop. She’s saying: ‘Just let this one court in Tallahassee deal with them all; there’s too many courts here, let’s get it decided in one courtroom’. Now, a new MSNBC/Wall Street Journal pole suggests: ‘Most registered-voters favor recounting the ballots in Florida;’ 55% in that pole say: ‘Finish the recount, even if it takes weeks;’ 41% say: ‘Halt the recount, and the court-cases, and declare a winner now’.. NBC’s Chris Jansing is in Tallahassee; she joins us now for the latest from there. What are you hearing, Chris?"
Chris Jansing: "Thanks very much, Lester. Well, here are the letters. There are the three of them that we were expecting: Broward; Miami-Dade; Palm Beach. Broward by far the most complicated. All of them met the 2pm deadline that was set by Secretary of State, Katherine Harris for an explanation of why, they think, their late returns should be included in the final vote-totals.. One more interesting note: Along with those three letters; there came in a fourth; and this is from Collier county: It turns out, when they were checking boxes full of—supposedly—empty envelopes; not all of them were empty: There were 24 absentee ballots that had never been counted before; and then a 25th ballot of which there was some confusion. This letter says: ‘Can we add (those) to our final count?’ So there ya’ have it Lester; just when you thought everything was in, here comes yet-another wrinkle to this increasingly chaotic ballot-count’s story.."
MSNBC’s Gregg Jarrett: "Lester, it’s been a lot like the military here today. You know; for every step forward, there’s been two steps backwards; a lot of hurry-up-and-wait. Every decision; followed by indecision. The day—nine hours ago—began with this place teaming with people: They were poised to start counting roughly a half-a-million votes. Among them, importantly, some 10,000 under-votes; but then, just as they were about to start, the Canvass Board decided: ‘Well, we don’t know how to decide those under-votes,’ and so they fled to the nearby circuit court for a ruling from the judge; and he, in the end essentially said: ‘You know what..?: Decide yourself! You have the latitude and the discretion, to make up your own rules’. But then the Canvass Board learned from the Secretary of State that she had fled to an even higher court, the State Supreme Court, to stop the manual counting; and that’s when the Canvass Board here voted two-to-one to halt everything: ‘We’re not going to start counting by hand, until we hear from the Supreme Court’. Now all of this occurred amid some very serious inflammatory-accusations, of near-criminal behavior: the Republicans, against Carroll Roberts—one of the Canvass Board members—here. They accused her of: ‘Switching votes;’ allegedly, ‘in favor of Al Gore!’ They accused her of: manipulating votes; of dismantling some ballots: Very serious accusations; which, importantly: she denies! But then I talked to the attorney, who is, uh, helping out the Democratic Party: His name is Dennis Newman. He had this response to those accusations:"
{Dennis Newman on tape: "This is a desperate attempt, by the Republicans, to, uh: throw the focus off the fair, and accurate count of the votes here! All of the commissioners…all of the commissioners handle those ballots in the same manner that she did. They too: to look at it; they held the ballots up, looked at them, they passed them around: And, then—I might add—that over the hundreds of challenges that: 99.9% of them; there was a unanimous vote, uh, by the board: All three agreed."
Gregg Jarrett: "Are you saying: That the three people (the Republicans) who signed affidavits; swearing under penalty of perjury that: ‘They observed this manipulation and degradation and switching of ballots;’ are lying?"
Dennis Newman: "Yes."}
On FOX NEWS; US Representative (Arizona Republican) John Shadegg: "..A number of different points: First; some of these lawsuits, are borderline-‘frivolous’. Florida law specifically says, that: ‘Confusion on the part of some voters is not a valid reason to throw out an election’. It says: ‘They have a duty to use their intelligence to find the name on the ballot, and to mark it properly, and to do it with the solemnity of the occasion’. That means this whole allegation of a confusing ballot is, I think, borderline-frivolous. Beyond that, it says that: ‘If the ballot is confusing, you have a mandatory legal duty to raise that before the election or you lose it forever’. So that lawsuit is near-frivolous. The second issue is: All of these recounts—the point you just made—the reality is that if we use a manual-recount in some counties, and not in other counties, we have treated people differently. We are rehabilitating votes in some counties, and not in other coun.."
FOX NEWS, Your World’s Neil Covuto: "Wait-wai’…stop right there, Congressman. What do you…if you have a situation, where, with the way we’re doing this recount upon count hand-count; and your guy—ya’ know, Governor Bush—trails, with the tally we get on Saturday—or whatever it’s gonn’a be—would you tell him at that point: ‘Concede Governor; End it!’?"
John Shadegg: "If in fact they followed the law; absolutely I will. And here’s the point there; if they say: ‘Okay, we’re gonn’a go with, uh, automatic…uh, the-the machine-count in every single county in the state;’ and that machine-count shows Bush lost: then I would say he should concede, and move on. If in fact uh, they’ve by then…at some point, they do a manual-recount everywhere: we gott’a look at whether or not there was human error in that manual-recount, or whether or not it was biased. If they mix the two—Neil, I can explain this to you, ’cause I used to practice election law for, ah, ten years in the state of Arizona, advising our own Secretary of State—if they mix some hand-count counties; Democrat leading counties; with some automatic, uh…uh, electric or electronic-recount counties, you will have an unfair result no matter what!"
Congresswoman, Maxine Waters (an African-American Democrat): "Well, I think, the unfairness is…is that everyone who could’ve voted—and voted fairly in the state of Florida—was not able to do so! And I thin.."
John Shadegg: "Now, how were they…"
Neil Cavuto: "..A’right: go ahead.."
Congresswoman: "..And I think, there are more egregious issues; than what my good colleague and friend from Arizona states. First of all…"
Neil Cavuto: "All right…I-I wish we could go on…Congresswoman, I.."
Congresswoman: "..the Palm Beach ballot was in-contrast, to what the State.."
Neil Cavuto: "All right. I hear ya’…Congresswoman…"
"..We need to let granny vote! And we need.."
Neil Cavuto: "..all right! Okay! I hear ya’.."
"..to be fair."
Neil Cavuto: "..but you’ve both numbed me now. Okay…Congresswoman: I want to thank you. Congressman: thank you; we’ll see what happens. All right. Straight ahead on Your World: back to Florida, for the latest in the increasingly complicated battle for the ballot. James Baker is expected to talk to the press; we’ll bring it to you live. And, uh, no doubt there’ll probably be some-more lawsuits thrown in there for good measure. Uh, but we’ll also tell you about Allen Greeenspan’s.."
James Baker: "Good afternoon, Ladies and Gentlemen. I, uh, have with me, this afternoon, Mr. Barry Richard of Tallahassee, Florida who is a partner in the national law firm: of [Blah, blah]. And Mr. Ted Olson: of [blah, blah, and blah]; in case any of you have any questions…detailed questions, about the litigation.
"Five days ago, uh, shortly after election day—and I think, right here in this room—I cautioned that: there would be no reasonable end to the election process, in Florida, if it should dissolve into multiple-recounts and court cases. And, I’m afraid to say, that’s exactly what’s happening: The Gore campaign refused to accept the vote-count on election day; they refused to accept the results of a recount of all of Florida’s counties; They refused to accept the results of test manual-recounts, in selected Democratic counties that produced changes of only a very few votes. Indeed, Palm Beach County is now poised to begin its fourth vote count!"
[But this: "Count after recount," Republican-mantra; is a big fat, boldfaced—deceitfully-refabricated skewing of the truth—lie: And James Baker; as "a world diplomat"; should’ve done so much better!]
Baker: "The Gore campaign, has been unwilling to make any commitment to accept finality in this election, unless it achieves the results that it is seeking. Instead, they have made some misstatements—I don’t say intentionally, but misstatements—which, I think, tend to divert the public from their real purpose. You all remember, a few days ago, when we were hearing that the Palm Beach County ballot was illegal: Well that charge is faded now, in the face of evidence about the process, by which that ballot was approved, and in the face of a finding that the ballot is legal. Next, they charged that the Republicans sought a manual recount in Seminole County; until that assertion was demonstrated [?..!] to be false. And now I understand, that they are asserting that Republicans have sought, and obtained manual-recounts in six other counties. Again: untrue. We have formal statements from local election officials or Bush [!] representatives, in the six counties mentioned by the Democrats; which confirm that no such recounts were requested, or occurred.
"After days of disputing our statements: that the selective manual-recounts would occur without any objective and uniform standards; low and behold, today, finally they have admitted that, indeed; there are no standards, and no uniform rules for manual-recounts. And they now say that they’re gonn’a ask a court to set some standards. Inexplicably, they want the manual recounts to proceed, while they are waiting for the standards that they, themselves are requesting.
"By our most recent count, the Democrats or their supporters have filed at least twelve lawsuits, to challenge the election results. They even filed suit, in one of their selected Democratic counties, to overturn the decision of the local electoral board; which had decided not to recount the whole county, manually, after its test of three precincts. We have filed only one lawsuit: Our original, defensive action in Federal District Court, to try to protect ourselves against the flood of litigation; that I warned about from the start, several days ago. Indeed, the litigation is so run-amuck now, that when asked about accepting a final court ruling, that they themselves are now requesting, Secretary Christopher said today, that the numerous questions and litigation created too much uncertainty, for them to make such a commitment.
"Yesterday, we proposed a reasonable compromise, to bring finality, in a fair way to the Florida election; and indeed, thereby to the national election: To the best we can tell, the Gore campaign’s reply is that this compromise-proposal is unfair, because they are unsure that it will provide them with enough votes to change the result. Today, they offered us another reply. They’re filing another lawsuit. By now, the Gore campaign strategy, I think, is crystal clear: Keep conducting selective recounts; Keep filing lawsuits; Keep making false charges that divert attention; And keep refusing to accept any deadline, until the results change. Even though the process has been undermined by this relentless strategy, I truly hope that we can still bring it to a fair and reasonable end: Mike:?"
Reporter: "Mr. Secretary, there is one point of agreement that both parties have, technically; and that is: the cases should be consolidated; you say in the Second Circuit, and they say in the Supreme Court. But with that one nugget that you can agree on; can you build upon that and perhaps offer another compromise (inaudible)?"
James Baker: "Well, I would hope that at some point, there would be a way to reach agreement with respect to what ought’a happen. I’m not at all sure that, that…that that is the route that will, wa-wa…could ultimately be followed. Uh, we would, of course—a-as evidenced by our original lawsuit—be interested in making sure that we had, and that our supporters had, and that the citizens of Florida who are being treated differently then those who are being, uh, who are being…who’s vote is being manually-recounted would be…would be sure that they would be entitled to the…to the Constitution protections of the Federal Constitution. So, I don’t know whether we’d get there or not. David?:"
NBC’s reporter, David Bloom (now deceased; and died while reporting in Iraq, during the George w. Bush’ Iraqi Freedom, war campaign): "One of your counterparts in the Gore campaign, David Boies, said today: that their reasons are not inexplicable for wanting to keep recounting. Rather, they fear that what you’re trying to do: is to delay this process—with the Secretary of State’s..—and then have this deadline come on Saturday and declare the election over. So my question is this: Would you be willing to toll any deadline on the counting, while the Supreme Court considers whether the recounts should go forward; and then—if the Supreme Court says: ‘Yes, for the recounts’—accept a later deadline, on the election results?"
James Baker: "Well, wh-where would that…where would that end, uh, in-in…in your opinion; I mean — You’re not here to answer the questions: I am! — But-but I would suggest to ya’, that that process could take us—as I mentioned yesterday—perhaps even to December 18th! I mean, there is, eh…th-there would be no finality. No one would know what the deadline is! And, and, uh…if you’re asking me: would we be willing to, uhmm…in effect abandon the vote-count, abandon the recount, uh, walk away from, uh, the laws of Florida which provide for and require certification by the Chief Elections Officer of the State?: I-I don’t think we can do that: and I don’t think we ought’a be asked to do that. Yea…ye-ye-yeah: One follow-up:"
David Bloom: "What about their claim that: all you’re trying to do; is to delay these recounts until the election’s certified on Saturday?"
Baker: "Well I think that’s patently, uhm, uh, false on its face! The recounts have not taken place: Not because We’re delaying ’em! The, uh…the Federal District Court turned us down in our request for a…a delay on the re-…manual-recounts: because we thought that…that the process is unfair; gives rise to human error; gives rise to the potential for great mischief: We’ve been turned down, on our request to do that. The delay—if any there has been—has been on the part of these counties that…that vote one day one way, to conduct; hm: ha-ha; a…a recount; the next day they change their mind, they vote another way; then the Gore campaign threatens to sue them—or even sues them—and they go back and change their mind, one more time. We’re not the cause- [another: of the many; severely skewed, deceitfully laid-out statements from this man, James Baker. This statement, as well as his other statements!] -of the delay. That’s…I, uh…that ought’a be clear to everybody. I hope it is. Yes sir:?"
Reporter: "(inaudible) ..that the Republicans demanded these recounts in these six or seven other counties; only that, in six or seven counties in the course—normal course—of tabulating election results, for various reasons: some manual recounts were involved which produced—coincidentally—gains for Governor Bush. Is that different from your understanding?"
Baker: "Well it is different from my understanding, about what they said th-this morning, from this platform. Uh, it’s my understanding that they have…that they have said to you, on sa…on a-couple of occasions that: Republicans have asked for manual recounts, and manual recounts have been conducted in Republican counties! I do not think that is true. I think that, tha…"
Reporter follow-up: "..That they asked for it; or conducted it?"
Baker: "That I-I don’t think eith…I don’t think that they’ve been asked for; and I don’t think it’s true, that they’ve been conducted. Now I did say to you, and I…an-an…an’ we do believe thi…we do know this: that in Seminole County there were…they were going through a machine recount, the machine kicked out a few ballots, and the Democratic and Republican representatives there agreed they would look at those kicked-out ballots and then rerun ’em through the machine by hand. That’s a far different process; than the one that we’ve seen on TV: where they’re sitting here, looking at a pregnant chad or a dimple, or a hanging chad, or a swinging chad;- [and this evolves much further into the new—also deceitfully stated—Republican Chad-mantras] -I mean, that’s a heck of a lot different. Yes?:"
Reporter: "You talk about the Gore campaign’ strategy; but the Democrats have repeatedly said that: all they want, are fair recounts in four counties; not endless: it won’t go on forever; they just want these four counties recounted."
Baker: "Yea…Yeah! You know how long it, it…it’s obvious, how long it’s gonn’a take! It’s going to take quite a bit of time! And I would submit to you: that we’ve had fair recounts. We’re about to recount Palm Beach County for the fourth time! Tha’—heh (laugh)—that seems ta’ me, seems…seems to me to be incredible; particularly when we all know that the more you handle these punched ballots the more they deteriorate,- [another re-fashioned, skewed truth] -the more likelihood there is you’re gonn’a knock that piece o’ chad out! So…I’m sorry, I-I-I just disagree with that."
Reporter: "Just so we’re crystal clear on your position: When they want to go forward with these counts—these manual counts, that they’ve asked for today—your position is what?"
Baker: "Well I think I said three or four days ago: We think the process is seriously flawed. We think it presents tremendous opportunities for human error; and indeed, for…hm, for the possibility of mischief.." [Here, my video-tape is disrupted]
Reporter: "..has there been a hearing set (for the 11th Circuit Court), or is this just in-case you’re gonn’a be preparing papers; and, what’s the status for that?"
Baker: "Uh. Well…if you wann’a know about the situation with the 11th Circuit: Ted Olson, uh, is here, who’s representing us in that litigation. If ya’ wann’a know about the situation in the Florida Supreme Court: Barry Richard is here, and he’s represen’in us in that litigation. So I’ll let, uh, Ken Olson respond to your questions…I mean: Ted Olson…respond to your question.. I’ll be back if you want me.."
Theodore (Ted) Olson: "We have not heard yet, uh, with respect to the scheduling of anything: now, you may’ve heard things before we have. Uh, all we heard today was that the 11th Circuit had indicated that it wanted to hear the case, and that all of the judges in that circuit—there are twelve active-judges in that circuit—have agreed to take the case ambank: which means that all judges will participate. We haven’t heard a deadline for the filing of papers. Our papers are…will be filed today. It may not be until very very late in the day, and we can’t, um, provide copies of them to the press, until we’ve gotten them to the Court. But we’re going to.. Pardon me..?"
(Someone): "Isn’t it, by seven-am tomorrow?"
Ted Olson: "..I heard that too; but I think I heard that over the media. And, um, I presume that that’s accurate, but we have not personally heard it, and we haven’t received any piece o’ paper; but we…our papers are prepared, and they will be there before 7am. And we’re hoping that they’re there well before midnight."
Reporter: "Mr. Richard; uh, what’s the status in the Supreme Court?"
Barry Richard: "There’ve been, uh, actions filed in the Supreme Court by, uh, the Secretary of State. Uh, and…uh, one by the supervisor…by Volusia County. It’s my opinion, uh, that the Supreme Court has no jurisdiction! If the Supreme Court, uh, should determine that it has jurisdiction; I think it will have to do so, by recognizing a source of jurisdiction that it has never heretofore recognized. I might mention, by the way, with respect to a comment that, uh…question, that, uh, one of the press asked; that, uh: the parties cannot confer jurisdiction on the Supreme Court by a compromise or by agreement. The Supreme Court’s jurisdiction is clearly set forth in the Florida Constitution, and it’s very narrow. That’s the reason that we have not joined in suggesting that the Supreme Court, uh…ah, take this case. Uh, the Supreme Court’s been silent, since the first filing early this morning."
Reporter: "(inaudible)
Ted Olson: "Secretary of State’s petition, though.."
Barry Richard: "We have intervened in both of the petitions. The reasons for our intervention, is not because we believe that the Supreme Court has jurisdiction, but: just so that we will receive notice of anything that happen(s) there; and that, we will be given an opportunity to be heard should the Supreme Court decide that it will hear argument."
Reporter: "So you don’t even agree with the Secretary of State’s request: that the Court asserts jurisdiction, and assign it to the…to the Circuit Court here in Leon county?"
Barry Richard: "Well we do agree with the Secretary of State! That the only county that has venue over these, multitude of jurisdictions, is Leon County. And as a matter of fact, we’ve filed motions in the, uh, circuit courts in the other counties—in which we’ve advised the Court that they are without jurisdiction, because of a lack of venue—and that those cases should be transferred here: but we do not believe that the Supreme Court is the Court that is in a position; either to hear the cases, or to transfer them here. We believe that, uh, they need to be transferred here by the…by the, uh, circuit courts."
Reporter: "(inaudible) ..set any standards, in exercising some kind of original jurisdiction that: you don’t believe it has; the Supreme Court has no role in doing that; you believe..? Setting standards; absent a proceeding in the circuit court?"
Barry Richard: "I…I can find, uh, no basis; either in the Florida Constitution—or in Florida Supreme Court precedent—for them taking jurisdiction at this stage of the proceedings."
Reporter: "Does the Florida statutes assert that cases against public officials should be heard here in the, uh, circuit court in Tallahassee?"
Barry Richard: "The only venue, with certain exceptions—that are not applicable in this situation—the only county in which a public official can be sued, is the county in which their principle headquarters is located. The Secretary of State, the Governor, the Director of the Division of Elections; all of whom, make up the Elections Canvassing Commission for the State of Florida, by law, have their headquarters in Tallahassee. I believe that all of them are indispensable Parties to all of these actions; which means that these actions cannot proceed without them: and, consequently, in those, uh, even those in which they haven’t been named, I believe that those actions can only be brought in Leon County."
James Baker: "Uh, we’ll take one more question; uh, David, you wanted a follow-up, I think?:"
David Bloom: "Secretary Baker; given what you said yesterday—about how there’s uncertainty abroad, uncertainty in financial markets—the Bush campaign has some decisions to make: about whether it pursues recounts, or challenges elections in other States; Iowa, Wisconsin, Oregon, New Mexico. Will you swear off doing that, in order to wrap this election up as soon as possible?"
James Baker: "Hu-hu-! (laugh) We might be willin’ ta’ do that, if we…if we could see some similar response from the other side; with respect to swearing off of a ni…ah, ah…additional requests, for recounts and, uh…and additional lawsuits right here in Florida: You betch’ur life!
"Thank you all, very very much."
CNN’s Lou Waters: "Barry Richard; saying there that the Supreme Court of Florida has no jurisdiction in these lawsuits. What do you make of that?"
CNN’s—former Florida State Election’s Director—commentator; David Cardwell: "Well the Florida Supreme Court does have very limited jurisdiction. In fact, our (Florida) Constitution was amended several years ago to limit the jurisdiction, to ease its caseload, and to try to put more of the appellate work at our intermediate courts of appeal. Uh, the difficulty we have here, and why there seemed to be a multitude of lawsuits, and why they’re being brought in different jurisdictions, is that: we have some issues being raised that have never been raised before, in any sort of contested election in Florida. We are definitely in uncharted areas. It’s where, even though a court may find an official has discretion, we’ve got a lot of officials that aren’t quite sure—exactly—what that discretion is, and what’s the limit on what they can do: and as a result, you get a lot of lawsuits!"
BBC’s Anchor: "..our correspondent in Washington, Tom Carver; and I asked him what more he could tell us about the Supreme Court ruling..?"
Tom Carver: "Well I can explain it a bit more: What happened was that the Secretary of State basically asked the Supreme Court to stop all the recounts until the legal position had been clarified. They (the Florida Supreme Court) have refused to do that; so, for the moment at least, these hand-counts will go on. But two things still may prevent them from having any impact: One is that she has, uh, within her rights to deny the right of these hand-counts to be included in the final tally; she could say, ‘I don’t think they’re justified;’ and that, of course, could be appealed; but she has that option. And secondly, it’s possible that the State Supreme Court could still rule on all these other lawsuits, which are now before it about: whether these hand-counts are legal; whether they’re viable; what form they should take; and what the deadline is. So there’s still a lot of things to sort out, but for the moment they’ve said: ‘These hand-counts must continue, until such time as we say they should stop’.
"Just remind us, why the Republicans wanted them stopped?"
Tom Carver: "Well, they wanted them stopped because; for the simple reason that George Bush is in the lead: Ah…albeit by only 300-votes. And so obviously the Republicans would like to call a halt to the election now, and say that this is the final result! And for the very same reason: Al Gore’s team would like to continue with the hand-counts; because these hand-counts are largely in Democratic controlled counties, and they believe that any hand-count would uncover more votes for Al Gore."
CNN’s Bernard Shaw: "We are told, Vice President Al Gore is just about to talk…but please proceed:"
CNN’s Martin Savidge: "Okay, here we go: The vote-recount has not started; it is not going to start tonight; it may not start tomorrow, til after 1:00. The Court ruling came down from the Supreme Court of Florida; (but) apparently here, they do not believe that’s given them the green-light to start. There is some new word, here: ‘confusion’: Back to you, Bernie."
Vice President Al Gore: "This has been an extraordinary eight days for the American People. And I wanted to speak with you, briefly, about how…how I believe we should conclude this election.
"The campaign is over, but a test of our Democracy is now under way. Thi…It is a test we must pass, and it is a test we will pass with flying colors. All we need is a common agreement that what is at stake here, is not who wins and who loses in a contest for the Presidency; but how we Honor our Constitution, and make sure that our Democracy works as our Founders intended it to work. This is a time to respect every voter, and every vote. This is a time to honor the true will of the People. So our goal, must be what is right for America.
"There is a simple reason that Florida law—and the law in many other States—calls for a careful check; by real people, of the machine-results, in all elections like this one. The reason..? Machines can sometimes misread, or fail to detect the way ballots are cast. And when there are serious doubts; checking a machine-count with a careful hand-count, is accepted far and wide as the best way to know the true intentions of the voters. That is why there have already been partial, or complete hand-counts; not just in two Democratic counties in Florida; but in six Republican counties as well! We need a resolution that is fair and final. We need to move expeditiously to the most complete and accurate count that is possible. And that is why I propose this evening, a way to settle this matter with finality and justice; in a period of days, not weeks!
"First: We should complete hand-counts, already begun in Palm Beach County, Dade County, and Broward County; to determine the true intentions of the voters, based on an objective evaluation of their ballots. Observers and participants from both parties should be present in every counting room, as required under Florida law: The results of this recount would—of course—be added to the present certified vote total and the overseas absentee vote total. If this happens, I will abide by the result: I will take no legal action, to challenge the result; and I will not support any legal action, to challenge the result.
"I am also prepared—if Governor Bush prefers—to include in this recount, all the counties in the entire-State of Florida. I would also be willing to abide by that result; and agree not to take any legal action to challenge that result. If there are no further interruptions to the process, we believe the count can be completed within seven days of the time it starts.
"Now Second: I propose that Governor Bush and I meet personally, one on one, as soon as possible before the vote count is finished: not to negotiate; but to improve the tone of our dialog in America. We should both call on all of our supporters to respect the outcome of this election, whatever it may be. We should both call on all our supporters to prepare themselves to close ranks, as Americans and unite the country behind the winner as soon as this process is completed. Shortly after the results are known, we should both come together for another meeting: to reaffirm our national unity. If I turn out to be successful; I’ll be ready to travel to Governor Bush’s home. If I am not; I’ll be ready to meet him, wherever he wishes.
"I would also like to urge all of those, speaking for either of us to do their part to lift up this discourse; to refrain from using inflammatory language, and to avoid statements that can make it harder for our country to come together once the counting is over: That is the direction I have given to my own campaign.
"I don’t know what the final results will show: But I do know, this is about much more than what happens to me or my opponent. It is about Our Democracy. My faith is in The People’s Will; in Our Constitution; and in Our System of Self Government.
"Thank you. God bless you. And God bless America."
CNN’s Bernard Shaw: "The Vice President, Al Gore making the statement from the Vice President’s official residence here in Washington. You saw with him his running mate, Connecticut Senator Joseph Lieberman (standing alongside, behind him)."
MSNBC’s Chris Matthews: "Doug Brinkley—historically—it seems clear, as you and I know; that what Al Gore is trying to replicate is that famous meeting—between Nixon and Kennedy—the Monday after the 1960 election. He’s trying to give it that glamour of history I think; isn’t he?"
‘Presidential Historian’ Doug Brinkley: "Well I think he did the right thing. As you said, Chris: I think it was an important gesture by Vice President Gore tonight. He’s going to get, I think, a boost in at least the PR-battle that’s going on; and why not say: ‘Look, a lot of us have been petty, including some of my people; let’s shake hands and let’s be friendly!’ That was a very good move. But I think one of the key things that occurred tonight was just getting that whole question of the re-vote in Palm Beach County out of the way. We’ve spent a week talking about it: it’s sort of cleared away. The Vice President said: ‘I will not seek further legal action;’ and I think that is quite a bit of the news. To me this is shaping up as showdown between the Democratic-appointed Florida Supreme Court, and Secretary of State Harris."
CNN’s Wolf Blitzer: "..It was a day that was filled with competing waves of legal filings and court hearings, that stretched from the coast, to the Capital of Florida. But perhaps the today’s biggest developments happened in the past hour and a half. Vice President Al Gore tonight, offered a set of proposals to Governor George W. Bush, that could, in theory, supersede the escalating legal battles that have engulfed this Presidential election. Gore described his offer as a way to end the current political standoff: ‘within a week,’ he said, quote: ‘with finality,’ to determine who really won Florida’s twenty-five Electoral votes; and in turn, who won the White House.. Before Gore made his comments in Washington this evening, the battalion of attorneys for the Republican and Democratic campaigns opened new legal fronts in their battles, over how to reach a final, accurate ballot-count in Florida. They started with officials from both parties asking the state’s Supreme Court to get involved. And this afternoon, the Judges denied a request from the Secretary of State to stop all manual recounts. The Federal level—meantime—an appeals court in Atlanta agreed to hear arguments on a Bush campaign move: to block those same hand-counts.."
CNN’s Larry King: "In Florida, let’s go down to Tallahassee, with Senator Fred Thompson, a Republican from Tennessee; adviser to the Bush team: What was wrong with the Gore proposal: to meet, and get together, and: ‘You want to count all the counties in the state by hand?: Let’s do that; and votes declare the winner;’ and no-more judiciary involvement!..?"
Sen. Fred Thompson: "Well, he knows that nobody is for recounting the whole state. What he’s really proposing is that; basically: you take three heavily Democratic states controlled by Democratic.."
Larry King: "Counties; you mean..?"
Fred Thompson: "Uh, counties…controlled by Democratic election officials: Do a hand…hand-count, supervised by…by them, and then he would agree with the results from that..? Uh; that’s, uh…uh, I don’t think that’s a serious offer. I don’t know what the Governor’s gon’ta say about it; but I certainly don’t look at that as a serious offer."
Larry King: "But it is a supervised recount, isn’t it? Or are you questioning whether: these people would do it fairly; or not?"
Fred Thompson: "It’s only human nature, Larry! Let me give you a little bit of a background about what’s goin’ on down there: I came down here with the hopes somethin’ could be, uh, worked out; but, we are getting in to a-a…a hopeless and endless quagmire down here; as you speak: You can’t swing your arm down here without hitting, uh, four lawyers.."
Larry King: "Uh…hold on Fred..! Katherine Harris is now approaching the podium. We’ll come back…here she is: the Secretary of State."
Florida Secretary of State, Katherine Harris: "Good evening. On Tuesday evening, I requested those counties—contemplating manual-vote-recounts—to submit a written statement to me: of the facts, and circumstances; justifying, any belief on their part, that they should be allowed, to amend their certified returns, previously filed by them, in accordance with law. All three counties, Palm Beach, Miami-Dade, and Broward, responded by the 2pm deadline today; and I thank them. Copies of their responses have already been distributed. Additionally, Collier County, asked about a possibility of an amendment to their un…to their returns, unrelated, to the manual recount issue. A copy of that letter has also been distributed. For the past week, I’ve devoted a substantial amount of my time, to issues surrounding, the manual, vote, recount. After Judge Lewis’s decision yesterday morning, my staff and I, along with council, developed criteria appropriate to the exercise, of my discretion, under Florida law. This criteria is clearly set forth, in Florida case-law. For the past six hours, I’ve applied these criteria, in deliberating upon the specific requests from the counties, contemplating, manual vote recounts. As a result of these deliberations, I’ve decided, it is my duty, under Florida law, to exercise my discretion, in denying these requested amendments. The reasons given in their requests, are insufficient, to warrant waiver, of the un-ambiguous filing deadline, imposed by the Florida Legislature. I’ve communicated this decision with these counties, in letters detailing the criteria I used in making my judgment, and the application of these cra…criteria to the stated circumstances; and copies of these letters are also available. Because it is my determination that no amendment to the official returns—now on file with the Department of State—are warranted. The State Elections Canvassing Commission, acting in it’s normal, and usual manner, has certified the results of Tuesday’s election in Florida, including, the Presidential election: Copies of that portion of the certification, relating to the Presidential election, and the signature pages of the certification, are also available.
"As I’ve previously indicated, I expect that after the receipt, tabulation, and certification, of the overseas ballots, by the counties; the State Election Canvassing Commission will finally certify, the Presidential election, in Florida, on Saturday. The schedule of course, is subject to ju-j-judicial intervention. In that context, I once again, will be unable—personally—to answer questions. However, I have with me our general council, Debbie Kearny, and two of our outside councils; Joe Klock and Donna Blanson; and I’ve asked them to remain behind, to answer appropriate questions from you.
"One final comment: I want to reassure the public, that my decisions, and this process, has been made carefully, consistently, independently, and I believe, correctly. I’m very grateful for your patience, and your understanding. Thank you, and God Bless. Mr. Klock:"
Reporter: "In Palm Beach County; what criteria did you feel was missing that justified denying their motion?; And if you can address the other counties as well: What criteria were missing?"
Joe Klock: "The criteria that the Secretary used, were the same criteria that are used by courts in determining whether or not elections should be overturned; with six or seven of them; that are contained in the papers you’ll find in the back. There was nothing that was put forward by the Canvassing Board in Palm Beach County, that took them into any area where it would be appropriate to ignore the 5pm deadline. And that’s what the Secretary found."
Reporter: "For people watching at home, and wondering how—with such an import of what the Secretary just said—would you tell us from the Secretary’s office, if you believe: the only ballots that matter now are the overseas ballots?"
"That is correct."
"What is correct?"
Joe Klock: "That the only ballots that matter, at this point and time, are the overseas ballots."
Reporter: "..the Supreme Court denied the petition, from the Secretary of State: isn’t this in direct conflict with what the Supreme Court says? They say that: you can continue on with the manual-recount."
Joe Klock: "Not at all. The relief that the Secretary sought, was extraordinary relief; trying to have the Supreme Court decide that all the cases in the state, that had to do with this election, should be brought to Leon County. In addition, we asked that during the period of time, until she made the determination as to what the criteria were and how to apply them, that there not be any manual-recounting. As a practical matter: there was no manual-recounting, during that period of time. The denial by the Supreme Court of this particular action, is not a denial of an appeal; it was an extraordinary remedy that was sought. There will, of course, be proceedings going forward in the Supreme Court; having to do with the conflict between the Opinion of the Attorney General and the Opinion of the Secretary of State on election issues."
CNN’s Larry King: "No one has viewed more elections than Jimmy Carter. What do you make of this?"
President Jimmy Carter: "Well since I left the White House, the Carter Center—with my direct, personal involvement—has helped to conduct elections, in thirty different times; and (they were) some of the most troubled elections possible, where: democracy was threatened, if it already existed; and where we were replacing a totalitarian—or dictatorship—government with uh, freedom. So I’m familiar, with all the possibilities of, uh, cheating on an election. There’s no allegations at all, on any part, that, in the Florida uncertainty that anything has been done illegally, or with deliberate reasons to cause an error. I think, though, because it is so close, and because we do have some very serious fallibility, in how our ballots are cast and counted; that that tiny margin of error has now become a difference between who will be in the White House. I-I hope that the entire process will proceed very rapidly. I think the recent news about (inaudible); where it’s going to be transferred to the U.S. Court of Appeals, in the 11th Circuit Court, in Atlanta; and to the Supreme Court (of Florida) in the State Court: that-might expedite it. Uh, but I hope it will! And my hope is, too, that both sides will accept the results very quickly, when the final determination is made on how people actually voted: both, in Florida on election day, and from absentee ballots."
Larry King: "And we know that you’re a very balanced Statesman: but you’re also a Democrat; and you supported Al Gore, and came out for him—late in the campaign—but certainly endorsed him strongly. Should there be hand-counting, in those…those three, in-question counties?"
Jimmy Carter: "Well I think so. And if that is not acceptable, uh, when the Courts make a ruling; then I think, the final determination—which should be as a fall-back, only—that the hand-count should be conducted in every-county in Florida: And then, add those final tabulations to the overseas tabulations; and get both candidates in-advance to agree they would accept that result, without any further dispute. If that is the fall-back position — that’s not my first-preference, necessarily: — then, I think, the nation could relax; even though it could take five or six days to count all the ballots by-hand in Florida. Then, there wouldn’t be any question, about the final and accurate results."
Larry King: "So, in other words: there’s no rush; Another six days, wouldn’t matter that much; And, you would prefer: just be three counties; but if they want to be totally fair; hand-count the state, every county, hand-count the whole thing: Add in the absentee’s, and those serving overseas: and get a final result that both sides agree to."
Jimmy Carter: "Yes, that’s it. If the Courts were to strike down the counting of the three counties: And, I think, that that would be a fall-back. And I think there might be a Blue Ribbon Commission, or something that could speak with nonpartisan voice; and go to Gore, and go to Bush—in advance—and say: ‘Will you accept this proposition: Hand-count every vote in Florida, add on the absentee ballots: and whoever gets the most votes is the next President?’ I think that both sides would agree to that."
[There was more interview here; Larry and Jimmy: plenty worthwhile; but…the end goes something like this]:
"..Mr. President: Congratulations!"
"Thank you Larry. Come and see us at our farm!"
"I sure will."
CNN’s Judy Woodruff: "..It has been a night of dramatic developments in the U.S. Presidential election: Florida’s Secretary of State has announced that she is rejecting any further efforts to recount ballots from the election by hand. Further: she said that she would certify the existing election results, including any overseas absentee ballots, Saturday! But the Gore campaign—we just heard—is going to court to restart the hand-counting. That decision, just announced by Gore campaign Chairman William Daley.. ..We expect to be hearing from Governor Bush, himself, within the hour.."
Bill Daley: "We are very sorry, that the Secretary of State has taken such a rash, and precipitous action: In light of the gravity of the situation; and the pendentcy of this very matter before the Florida Supreme Court, tomorrow morning. We will pursue legal action, to insure that—notwithstanding this uncalled-for action—the hand-counts continue under the preexisting court decisions."
[Recorded with my missing the recording of the first few..?]
George W. Bush; Texas Governor: "..I’m sure that Vice President Gore, and Senator Lieberman are receiving similar good wishes; and would want to join us for in thanking our fellow Americans for their caring and concern. No matter who you voted for in this election; whether you supported Vice President Gore, or whether you supported me; all Americans want a fair and accurate count of the votes in Florida: a fair and accurate count, that measures up to the highest standards and principles, outlined in our Constitution, and our laws.
"As we work to conclude this election, we should be guided by three principles: This process must be fair; This process must be accurate; And this process must be final. First, the election must be fair: fair to voters throughout America; fair to voters in Florida; and fair to voters in different counties in Florida. I honor and respect the value of every single vote. That’s why my campaign supported the automatic recount of all the votes in Florida. Everyone in Florida has had his or her vote counted, once; Those votes have been recounted; In some counties, they have been counted a third, and even fourth time. And that brings us to the second principle: Accuracy. This process must be accurate. As Americans have watched on television, they have seen for themselves, that manual counting, with individuals making subjective decisions about voter-intent, introduces human error, and politics, into the vote counting process. Each time these voting cards are handled, the potential for errors multiplies. Additional manual votes, that have been counted, and recounted, will make the process less accurate, not more so. Third: Not, for the Vice President, Gore; or for me; but for America, this process must have a point of conclusion. A moment when America, and the World know who is the next President. This is precisely why the laws of the state of Florida have deadlines for certification of the election vote. One of them came last night. And, tonight, Florida’s chief election official, and the state’s Election Canvassing Commission have reaffirmed it, as their responsibilities require. The next, and final deadline comes, Friday, at midnight, when overseas, absentee ballots must have been received, to be counted in Florida. I don’t know who these ballots will support, and neither does Vice President Gore. The votes of Florida have been counted. They have been recounted. And tonight, they have been certified. And, we do not know, yet, who has won.
"The way to conclude this election, in a fair, and accurate and final way, is for the state of Florida to cou-count the remaining overseas ballots, add them to the certified vote, and announce the results, as required by Florida law. I was encouraged tonight, that Vice President Gore called for a conclusion to this process. We all agree. Unfortunately, what the Vice President proposed, is exactly what he’s been proposing all along: Continuing with selective hand-recounts, that are neither fair, nor accurate; or, compounding the error, by extending a flood process, state-wide. This means every vote in Florida would be evaluated differently, by different individuals, using different judgment; and perhaps, different local standards; or, perhaps, no standards at all. This would…this would be neither fair, nor accurate; it would be arbitrary, and chaotic.
"At this unique moment in our nation’s history, all of us have responsibilities. We have a responsibility to conduct ourselves with dignity and honor; we have a responsibility to make sure that those, who speak for us, do not poison our politics; and we have a responsibility to respect the law, and not seek to undermine it when we do not like its outcome. The outcome of this election will not be the result of deals, or efforts to mold public opinion. The outcome of this election, will be determined by the votes, and by the law.
"Once this election, is over; I would be glad to meet with Vice President Gore. And, I join him, in pledging that, regardless of who wins, after this weekend’s final count, we will work together, to unite our great country.
"Thank you; and God bless America."
CNN’s Bernard Shaw: "Texas Governor George Bush, addressing the nation, and—for that matter—the World. And in response to Vice President Gore’s earlier call this evening—for ‘a sit-down discussion to cool the political rhetoric’—Mr. Gore got his answer from the Governor, just seconds ago, when Governor Bush said: ‘Once this election is over, I’ll be glad to meet with Vice President Gore’."
CNN’s Judy Woodruff: "Tom Edsall; does either side occupy the higher ground right now?"
Washington Post’s, Tom Edsall: "Some polling has showed, until now, Bush had the high ground—slightly.. I think, today, what’s worrying the (Bush) people is that he [Gore] pulled off a fairly dignified response, and he came up with a proposal that has been floating around on editorial pages; uh…has a strong consensus—in a sense—behind it. And he really…Gore, raised the (bar), significantly. The question is, whether, when the Secretary of State came out: Did she clear what she did with the Bush campaign; before, she went out there and did this..? Uh…they seemed to be kind of stunned; and it took them until ten-o’clock—right now—to respond to this: with actually Bush doing the responding!"
Judy Woodruff: "Bill Schneider—it seems to me—she would clearly deny that she checked with the Bush campaign! She’s supposed to be an independent figure as the Secretary.. But in fact, what struck me tonight—after listening to the Vice President; listening to Governor Bush; seeing where we are in the courts—: We are certainly no…no closer to a resolution! If anything, we’re farther apart tonight."
CNN’s William (Bill) Schneider: "Well, the two candidates are farther apart. But Governor Bush just said a few minutes ago: ‘The votes in Florida have been counted, recounted, and certified!’ And she reaffirmed that: Certified, but: I’m not going to make any changes, except the overseas ballots, unless you take me to court! Which, of course, she didn’t mention! And Bill Daley, a few minutes ago, said: ‘I am going to take her to court! We are going to take her to court!’ Basically, what the Gore campaign is trying to get…create the impression, is: The Bush campaign doesn’t want to count the votes. That’s how they’re trying to get the high ground on this: Why doesn’t he want to count the votes?"
Judy Woodruff: "And conversely, Tom; the Bush people are saying: The more we handle these ballots, the more potential there is they are going to be soiled, uh, there gonn’a be, uh, untrustworthy; we can’t count on the accuracy of these ballots anymore."
Tom Edsall: "Worse than that! (The Republicans are saying): You will have counters, who are Democrats! Who will be throwing out Bush ballots, and accepting Gore ballots!
"And, the Gore people now: It’s a subtle problem, because the judge has not ruled that they…that she must accept these (hand-counted ballots); he’s only ruled that recount must continue.
"The issue now, is: Does she have to accept what he said: they should be able to do? He has to rule additionally now: and we don’t know how he’s gonn’a handle that question."
Bernard Shaw: "Justice Kogan; is the problem that: This is so much of an uncharted territory, that we have these problems?"
Former Florida Supreme Court Justice, Gerald Kogan: "Well that’s the reason they’re having these problems. Because this is an issue that we’ve never really been faced with before. So consequently the Court has to dig down and look at some of its old Opinions, that deal with election. And the one principle, that is generally followed in Florida, is that: the Court does not like to get involved in election disputes. And most especially: does not like to set aside the will of the voter. However there’s an exception to that; and the exception is: That, if the errors that have occurred in the election, or in the election procedure, have gotten to the point where: Had they not occurred then the result of the election would have been different; and this is one of the very important, fundamental principles that the Supreme Court of Florida is going to have to consider."
Bernie Shaw: "Well, Judge; if the courts don’t want to—or are reluctant to—get involved in the election procedure; how would you evaluate…how would you assess the comportment of Florida’s Secretary of State, Katherine Harris?"
Justice Gerald Kogan: "Well, they’re going to have to make that decision. You know they’ve already ruled that; apparently, the hand-count can continue; because they prohibited her from stopping that. I’m sure that there’ll be further orders coming out of the Supreme Court, as to whether or not she can order a certification at this particular point, and then send the votes in—to wherever the Secretary of State sends the votes, uh—to be considered by the Electoral College. So, consequently, I think what you’re going to see here is a lot of fast and furious action in the courts of Florida; and especially in the Supreme Court of Florida."