November 27, 2000

The Turning Point
By John McIntyre

More than 100 million Americans voted on Tuesday and more voted for Al Gore than Governor Bush. If the will of the people is to prevail, Al Gore should be awarded a victory in Florida and be our next president. Bill Daley 11/9/00

Today, Florida's Supreme Court rewrote the legislature's statutory system, assumed the responsibilities of the executive branch, and sidestepped the opinion of the trial court as the finder of fact. Two weeks after the election, that court has changed the rules, and has invented a new system for counting the election results. So one should not now be surprised if the Florida legislature seeks to affirm the original rules. James Baker 11/21/00

Less than 48 hours after the election, Gore campaign Chairman Bill Daley stated emphatically that more people voted for Al Gore nationally and that "if the will of the people" was to be honored, Al Gore should be "awarded a victory in Florida and be our next President." It's that simple to the Gore campaign. Forget what the official vote count from election night showed. Forget that George Bush won the official machine recount mandated by Florida law. Forget the fact that on the third count Gore has been officially certified the loser, even after the Florida Supreme Court rewrote the law favoring the Vice President. Forget the rules, the deadlines, what's fair, what's right, what's wrong - the only factor that is relevant in their minds is GORE WON.

While the Gore junta was hatching their plan to manipulate the legal system to achieve what they couldn't on election day, Reverend Jesse Jackson and Representative Robert Wexler were spouting lies about black vote suppression, Selma and illegal ballots. As if any person who has any intelligence and isn't a complete partisan hack would believe that Jeb Bush is a Bull Connor. The press, once again demonstrating their institutional liberal bias, willingly cooperated with the Gore strategy, providing nonstop airtime of "illegal" ballots that weren't illegal, and stories about voter "irregularities" that weren't irregularities at all, but normal, everyday election occurrences.

Gore and his lawyers came up with a simple plan to force manual recounts in four overwhelmingly pro-Gore counties where they controlled the canvassing boards and thus had ultimate power. They knew they had the Florida Supreme Court in their pocket and thought - with some justification - the US Supreme Court would leave the issue to be resolved in the state courts. The plan was brazen in its simplicity: manufacture enough votes in Democrat controlled counties and then have the state Supreme Court rubber stamp their "legal right" to steal the election. All the while cloaking the theft in high-minded babble about "the will of the people" and "the rule of law."

After the state Supreme Court's ruling on Tuesday, Vice President Gore addressed the nation and could barely control his glee in thinking he had checkmated George W. Bush. Gore pompously told the country that "the Florida Supreme Court has now spoken and we will move forward now with a full, fair and accurate count of the ballots in question. I firmly believe that the will of the people should prevail." There is no question that at this point, the Gore team thought they had succeeded in the heist. They had their Democratically controlled counties working to find the needed votes, and they had the blessing of what they felt to be the final legal authority.

But it quickly started to unravel. Everything changed when James Baker walked out and told the world Governor Bush would not sit idly by and let Al Gore steal the election. The gauntlet had been thrown down. The smirks on the faces of network newscasters disappeared. Liberals were outraged that the Bush campaign had the audacity to challenge a court decision while suggesting they may pursue other legal avenues to secure their victory. To the media establishment, it was completely legitimate for Al Gore and the Democrats to use all means necessary to achieve the presidency, but for Republicans to fight back in the venues where they hold the advantage was somehow "going nuclear" or creating "a Constitutional crisis."

Baker's line "so one should not now be surprised if the Florida legislature seeks to affirm the original rules" was a clear shot across the bow. Bush was telling Mr. Gore in no uncertain terms, "if you continue to persist in trying to steal this election, we will fight you and we will defeat you."

At the end of the day, Bush and the GOP hold all of the final controlling cards in this fiasco. Baker and Bush's statements following the state Supreme Court decision, along with the statements from the Florida Legislature, made it clear they are willing to use those options, if the Gore campaign forces their hand.

Maybe it won't come to that now that Gore has failed to cook up enough votes to take the lead. Having been certified the winner of Florida, Governor Bush now has 271 electoral votes and is therefore President-elect. Gore is entitled, as are all losers, to contest the election results and it is clear he intends to. How far this charade continues is now completely up to Al Gore, the Democrats and the courts.

With Bush the certified winner even under the amended Gore rules, the likely favorable Supreme Court ruling will simply be icing on the cake for the Bush campaign. However, there is no question that had Gore been able to count himself ahead (or in the small chance he can manage to litigate a lead in the state courts during the contest) that from a public relations standpoint it is better to have the U.S. Supreme Court deliver the deathblow to the Vice President rather than the Florida Legislature. But make no mistake about it, the turning point in this fiasco came last Tuesday night when James Baker made it clear, George W. Bush was not going to allow Al Gore to steal this election.

John McIntyre writes for RealClearPolitics

Mr. McIntyre can be heard live every Monday morning on the
Hugh Hewitt Show 9:30 EST

 

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