1 00:00:16,311 --> 00:00:23,191 Speaker 1: Pushkin. Hey Leon here, Before we get to this episode, 2 00:00:23,431 --> 00:00:25,191 Speaker 1: I want to let you know that you can binge 3 00:00:25,231 --> 00:00:28,591 Speaker 1: the entire season of Fiasco Bush v goor right now 4 00:00:28,791 --> 00:00:33,071 Speaker 1: ad free by becoming a Pushkin Plus subscriber. Sign up 5 00:00:33,111 --> 00:00:37,071 Speaker 1: for Pushkin Plus on the Fiasco Apple podcast showpage, or 6 00:00:37,191 --> 00:00:44,351 Speaker 1: visit Pushkin dot fm slash Plus. Now onto the episode 7 00:00:44,751 --> 00:00:49,670 Speaker 1: previously on Fiasco. Many in this nation are getting anxious. 8 00:00:49,830 --> 00:00:52,551 Speaker 2: There are battles going on in county offices all over 9 00:00:52,591 --> 00:00:53,031 Speaker 2: the state. 10 00:00:53,231 --> 00:00:55,631 Speaker 3: Republican demonstrators storm the hallways. 11 00:00:55,671 --> 00:00:58,311 Speaker 1: They were pounding on the glass, and I mean people 12 00:00:58,311 --> 00:00:59,391 Speaker 1: were really fired up. 13 00:00:59,471 --> 00:01:02,270 Speaker 4: There would be no more counting of votes in Miami. 14 00:01:02,391 --> 00:01:05,071 Speaker 5: Gore made a conscious decision that he would fight in 15 00:01:05,151 --> 00:01:07,071 Speaker 5: the courts, but not on the streets. 16 00:01:07,271 --> 00:01:09,511 Speaker 6: Let's turned out a Palm Beach County where the canvassing 17 00:01:09,511 --> 00:01:12,271 Speaker 6: board is trying to be the deadline of five pm today. 18 00:01:12,111 --> 00:01:14,911 Speaker 7: The Secretary of State has apparently decided to shut us 19 00:01:14,951 --> 00:01:17,311 Speaker 7: down with approximately two hours left to go. 20 00:01:17,591 --> 00:01:20,311 Speaker 1: Hi hereby declare Governor George W. 21 00:01:20,391 --> 00:01:24,590 Speaker 8: Bush the winner of Florida's twenty five electoral vez what. 22 00:01:24,591 --> 00:01:30,231 Speaker 9: By any reasonable standard, is an incomplete and inaccurate count. 23 00:01:33,791 --> 00:01:36,751 Speaker 1: When Secretary of State Catherine Harris certified the results of 24 00:01:36,751 --> 00:01:39,831 Speaker 1: the Florida election for George W. Bush. The Texas governor, 25 00:01:39,871 --> 00:01:43,111 Speaker 1: took the opportunity to affirm the inevitability of his presidency. 26 00:01:43,631 --> 00:01:46,511 Speaker 10: Secretary Cheney and I are honored and humbled to have 27 00:01:46,551 --> 00:01:49,631 Speaker 10: won the state of Florida, which gives us the needed 28 00:01:49,711 --> 00:01:52,071 Speaker 10: electoral votes to win the election. 29 00:01:53,471 --> 00:01:55,231 Speaker 1: It was a strategy that Bush and his team have 30 00:01:55,311 --> 00:01:58,911 Speaker 1: been using since the recount started. Whenever possible, they would 31 00:01:58,911 --> 00:02:01,631 Speaker 1: try to make it seem like Bush was already president elect. 32 00:02:02,271 --> 00:02:04,071 Speaker 1: They would leak the names of cabinet members he was 33 00:02:04,111 --> 00:02:05,431 Speaker 1: recruiting in Texas. 34 00:02:05,471 --> 00:02:08,951 Speaker 11: Today, Governor Bush had a conspicuous meeting with General Cole 35 00:02:09,031 --> 00:02:10,231 Speaker 11: and Powell have. 36 00:02:10,231 --> 00:02:12,270 Speaker 1: Him give speeches and settings that evoked the White House. 37 00:02:12,631 --> 00:02:14,631 Speaker 12: I understand there are still votes to be counted, but 38 00:02:14,711 --> 00:02:18,231 Speaker 12: I'm in the process of planning in a responsible way 39 00:02:19,031 --> 00:02:20,391 Speaker 12: a potential administration. 40 00:02:21,351 --> 00:02:23,511 Speaker 1: And they would insist over and over that he had 41 00:02:23,551 --> 00:02:30,951 Speaker 1: already won Florida, not once, but twice. After the certification ceremony, 42 00:02:31,431 --> 00:02:33,911 Speaker 1: there was an extra element of posturing to Bush's rhetoric, 43 00:02:34,871 --> 00:02:37,711 Speaker 1: because even though the election in Florida was now technically over, 44 00:02:38,591 --> 00:02:40,991 Speaker 1: Bush knew full well that the Gore campaign was not 45 00:02:41,071 --> 00:02:41,591 Speaker 1: giving up. 46 00:02:41,911 --> 00:02:44,751 Speaker 10: The Vice President's lawyers have indicated he will challenge the 47 00:02:44,791 --> 00:02:49,591 Speaker 10: certified election results. I respectfully ask him to reconsider. 48 00:02:50,871 --> 00:02:54,431 Speaker 1: Gore and his lawyers had just one move left. They 49 00:02:54,431 --> 00:02:56,791 Speaker 1: were going to formally contest the outcome of the election, 50 00:02:57,671 --> 00:02:59,430 Speaker 1: and they would do so by filing a so called 51 00:02:59,511 --> 00:03:03,151 Speaker 1: contest lawsuit, naming the Bush campaign and the Florida Secretary 52 00:03:03,191 --> 00:03:04,391 Speaker 1: of State as defendants. 53 00:03:04,751 --> 00:03:07,871 Speaker 13: Obviously, the great sensitivity in the Gore campaign now to 54 00:03:07,911 --> 00:03:09,831 Speaker 13: make the case to the American people that know this 55 00:03:09,871 --> 00:03:10,551 Speaker 13: is not over. 56 00:03:10,791 --> 00:03:13,551 Speaker 1: The Gore team had fought desperately to avoid the situation 57 00:03:13,631 --> 00:03:16,391 Speaker 1: they now found themselves in. If only they could have 58 00:03:16,431 --> 00:03:19,071 Speaker 1: put more points on the board before Florida's vote count 59 00:03:19,071 --> 00:03:21,751 Speaker 1: was certified, it could have been Bush trying to overturn 60 00:03:21,791 --> 00:03:25,951 Speaker 1: the outcome of the election. Instead, Gore was now officially 61 00:03:25,991 --> 00:03:28,391 Speaker 1: a sore loserman trying to claw his way back from 62 00:03:28,391 --> 00:03:31,071 Speaker 1: the dead, and he was running out of time. 63 00:03:32,031 --> 00:03:35,791 Speaker 9: As Florida's ticking clock becomes a second adversary in the 64 00:03:35,871 --> 00:03:37,231 Speaker 9: desperate search for votes. 65 00:03:37,351 --> 00:03:40,991 Speaker 14: They need decisions, they need them yesterday. They need counts, 66 00:03:41,031 --> 00:03:42,671 Speaker 14: they need the counts right away. 67 00:03:42,871 --> 00:03:46,791 Speaker 2: We've gone from protest certification last night, and now contest. 68 00:03:46,951 --> 00:03:49,231 Speaker 1: Well, I think it's an uphill battle. Not impossible, but 69 00:03:49,271 --> 00:03:52,751 Speaker 1: I think it's very difficult Roe to hoe. The Gore 70 00:03:52,791 --> 00:03:55,031 Speaker 1: team's mission was to convince a judge that the election 71 00:03:55,111 --> 00:03:58,111 Speaker 1: results did not accurately reflect the will of Florida voters. 72 00:03:58,751 --> 00:04:01,831 Speaker 1: Step one was to figure out what happened before, during, 73 00:04:01,831 --> 00:04:04,671 Speaker 1: and after election day that cast doubt on the legitimacy 74 00:04:04,671 --> 00:04:05,231 Speaker 1: of the outcome. 75 00:04:05,791 --> 00:04:08,791 Speaker 15: The big question as we approached the contest phase was 76 00:04:08,911 --> 00:04:10,031 Speaker 15: what should we be contested. 77 00:04:11,231 --> 00:04:14,151 Speaker 1: This is Jeremy Bash in two thousand. He was a 78 00:04:14,191 --> 00:04:16,270 Speaker 1: twenty nine year old doing policy work for the Gore 79 00:04:16,311 --> 00:04:19,911 Speaker 1: campaign when the recount started. His law degree earned him 80 00:04:19,911 --> 00:04:22,471 Speaker 1: a junior spot on the legal team in Tallahassee. I 81 00:04:22,510 --> 00:04:25,351 Speaker 1: had never practiced law a day in my life. I 82 00:04:25,391 --> 00:04:27,751 Speaker 1: had served as a law clerk for a federal judge. 83 00:04:27,991 --> 00:04:30,911 Speaker 15: But on election night they said, anybody who's a lawyer, 84 00:04:31,511 --> 00:04:33,671 Speaker 15: if you were working in Nashville, Tennessee, at the Gore 85 00:04:33,711 --> 00:04:36,431 Speaker 15: campaign headquarters, you were told to go home and pack 86 00:04:36,471 --> 00:04:38,991 Speaker 15: for three days and come back and end up having 87 00:04:38,991 --> 00:04:41,991 Speaker 15: to last thirty six days for the full recount. 88 00:04:42,511 --> 00:04:44,911 Speaker 1: Bash had been in Florida for about three weeks when 89 00:04:44,951 --> 00:04:47,831 Speaker 1: Bush's victory was certified and the contest phase of the 90 00:04:47,831 --> 00:04:51,831 Speaker 1: election began. Basher remembers listening in as the campaign's top 91 00:04:51,871 --> 00:04:54,671 Speaker 1: lawyer's brief Gores and his political advisors on what could 92 00:04:54,671 --> 00:04:55,231 Speaker 1: happen next. 93 00:04:56,111 --> 00:05:00,191 Speaker 15: The legal team presented to the campaign leadership a variety 94 00:05:00,191 --> 00:05:04,431 Speaker 15: of options, and in that meeting we laid out all 95 00:05:04,511 --> 00:05:08,831 Speaker 15: the various ways we had suspected that either Democrats' effort 96 00:05:08,911 --> 00:05:12,871 Speaker 15: to vote had been denied or Republicans engaged in some 97 00:05:13,311 --> 00:05:16,871 Speaker 15: quote unquote dirty tricks to prevent Democrats from voting. 98 00:05:17,791 --> 00:05:19,991 Speaker 1: Some members of the Gore team felt they should include 99 00:05:20,031 --> 00:05:23,791 Speaker 1: as many grievances as possible in their complaint. They favored 100 00:05:23,791 --> 00:05:27,190 Speaker 1: a two pronged approach, fighting to count likely Gore votes 101 00:05:27,231 --> 00:05:30,391 Speaker 1: that had been unfairly thrown out, while also fighting to 102 00:05:30,391 --> 00:05:33,270 Speaker 1: throw out likely Bush votes that had been unfairly counted. 103 00:05:34,151 --> 00:05:37,391 Speaker 1: In this maximalist version of the contest lawsuit, the Gore 104 00:05:37,471 --> 00:05:39,831 Speaker 1: lawyers would object to the counting of military ballots that 105 00:05:39,911 --> 00:05:43,631 Speaker 1: lacked proper postmarks and signatures. These were the overseas absente 106 00:05:43,631 --> 00:05:46,551 Speaker 1: ballots you heard about in our previous episode. They would 107 00:05:46,551 --> 00:05:49,231 Speaker 1: also bring up a controversy involving thousands of absente ballot 108 00:05:49,271 --> 00:05:53,311 Speaker 1: applications that had come in without voter ID numbers. Republican 109 00:05:53,311 --> 00:05:56,070 Speaker 1: officials had quote unquote fixed the applications by writing in 110 00:05:56,111 --> 00:05:59,231 Speaker 1: those ID numbers by hand after they were received, and 111 00:05:59,271 --> 00:06:02,991 Speaker 1: the resulting ballots have been counted. Anyway, not everyone on 112 00:06:03,031 --> 00:06:05,630 Speaker 1: the Gore team wanted to go into the contest guns blazing. 113 00:06:06,431 --> 00:06:07,871 Speaker 1: Here again is Jeremy Bash. 114 00:06:08,991 --> 00:06:12,351 Speaker 15: My view was that if we were going to take 115 00:06:12,431 --> 00:06:14,271 Speaker 15: this thing to court, if we were going to file 116 00:06:14,351 --> 00:06:17,591 Speaker 15: the first contest of a presidential election in US history, 117 00:06:18,031 --> 00:06:23,031 Speaker 15: it should be on the strongest, narrowest, most ironclad grounds 118 00:06:23,071 --> 00:06:26,591 Speaker 15: that we could stand on. We didn't want the voters 119 00:06:26,671 --> 00:06:29,671 Speaker 15: to think that we were throwing everything against the wall 120 00:06:29,711 --> 00:06:32,511 Speaker 15: to see what would stick, that we were really focusing 121 00:06:33,071 --> 00:06:35,431 Speaker 15: only in the areas where we thought that a full 122 00:06:35,471 --> 00:06:36,950 Speaker 15: recount was necessary. 123 00:06:37,911 --> 00:06:39,831 Speaker 1: Bash had arrived at this conclusion by way of his 124 00:06:39,911 --> 00:06:42,711 Speaker 1: daily interactions with journalists who were covering the recount and 125 00:06:42,711 --> 00:06:44,471 Speaker 1: who would come to him with questions about the Gore 126 00:06:44,511 --> 00:06:45,591 Speaker 1: teams legal strategy. 127 00:06:46,071 --> 00:06:46,591 Speaker 14: There was this. 128 00:06:46,631 --> 00:06:50,311 Speaker 15: Deep skepticism about what we were doing, and in general, 129 00:06:50,351 --> 00:06:53,831 Speaker 15: their approach and their attitude was Gore is trying to 130 00:06:53,911 --> 00:06:59,831 Speaker 15: undertake these herculean efforts to reverse the election. 131 00:06:59,671 --> 00:07:02,791 Speaker 16: Result, any sign that he's considering a concession speed. 132 00:07:02,871 --> 00:07:05,591 Speaker 3: The time is fast approaching to accept the certified results 133 00:07:05,631 --> 00:07:07,311 Speaker 3: in Florida and conceive the. 134 00:07:07,271 --> 00:07:10,911 Speaker 7: Election, and one Congressional Democrat has said publicly that Gore 135 00:07:10,951 --> 00:07:12,191 Speaker 7: should throw in the towel. 136 00:07:13,231 --> 00:07:17,031 Speaker 15: It was quite dispiriting, actually, because the whole vibe of 137 00:07:17,071 --> 00:07:20,711 Speaker 15: the reporting was that Gore was behind, we were behind, 138 00:07:21,111 --> 00:07:23,751 Speaker 15: and that we were trying to do something fairly unprecedented 139 00:07:23,751 --> 00:07:27,831 Speaker 15: American history to undermine what had already been decided. 140 00:07:28,031 --> 00:07:31,191 Speaker 17: Apparently, many Americans are ready for this election to be over. 141 00:07:31,351 --> 00:07:34,951 Speaker 17: A new ABC News Washington Post poll shows sixty percent 142 00:07:34,951 --> 00:07:38,071 Speaker 17: of people say Vice President Al Gore should concede the election, 143 00:07:38,551 --> 00:07:39,391 Speaker 17: but thirty. 144 00:07:40,751 --> 00:07:43,631 Speaker 1: In the end, Gore's lawyers decided to limit the scope 145 00:07:43,631 --> 00:07:46,391 Speaker 1: of their lawsuit rather than going with the kitchen sink approach, 146 00:07:47,391 --> 00:07:49,591 Speaker 1: So instead of trying to get any Bush votes thrown out, 147 00:07:50,071 --> 00:07:52,951 Speaker 1: they would focus exclusively on getting more Gore votes counted 148 00:07:53,831 --> 00:07:56,591 Speaker 1: first and foremost. That would mean asking for the unfinished 149 00:07:56,591 --> 00:07:59,351 Speaker 1: hand recounts in Palm Beach and Miami Day to be completed, 150 00:08:00,351 --> 00:08:03,391 Speaker 1: this time using a more lenient standard for determining voter intent. 151 00:08:03,791 --> 00:08:06,231 Speaker 13: The Democrats trying to make the case now that there 152 00:08:06,271 --> 00:08:09,031 Speaker 13: are roughly fifteen thousand or so votes that have never 153 00:08:09,071 --> 00:08:11,551 Speaker 13: been counted or at least never manually inspected. 154 00:08:12,111 --> 00:08:14,111 Speaker 1: When it came time to pull together the documents for 155 00:08:14,151 --> 00:08:17,111 Speaker 1: the contest filing, Jeremy Bash stood by the office printer 156 00:08:17,191 --> 00:08:19,711 Speaker 1: with Dexter Douglas, another lawyer working for the Gore campaign. 157 00:08:21,111 --> 00:08:23,391 Speaker 1: Together they waited for a copy of the complaint to come. 158 00:08:23,311 --> 00:08:25,871 Speaker 15: Out, and we were waiting and waiting and waiting, and 159 00:08:25,911 --> 00:08:29,671 Speaker 15: I said, it feels like Dexter were sitting here waiting for. 160 00:08:29,551 --> 00:08:33,550 Speaker 1: A baby to be delivered. Douglas, who died in twenty thirteen, 161 00:08:34,231 --> 00:08:37,551 Speaker 1: had been agitating for a more aggressive approach. He thought 162 00:08:37,550 --> 00:08:39,511 Speaker 1: the Gore team was making a mistake and being so 163 00:08:39,591 --> 00:08:40,790 Speaker 1: focused and meek. 164 00:08:41,271 --> 00:08:43,511 Speaker 15: And he said, well, is it going to be a 165 00:08:43,550 --> 00:08:46,110 Speaker 15: boy or a girl? And we kind of chuckled about that, 166 00:08:46,151 --> 00:08:49,030 Speaker 15: and then when the paper rolled off the printer, we 167 00:08:49,070 --> 00:08:51,871 Speaker 15: both read it and he said, well, it's a boy. 168 00:08:52,950 --> 00:08:57,991 Speaker 15: It's got very small balls, but it's a boy. 169 00:08:59,391 --> 00:09:01,350 Speaker 1: It's hard to say how much of a chance Al 170 00:09:01,430 --> 00:09:04,391 Speaker 1: Gore really had at this point, but the Bush campaign 171 00:09:04,471 --> 00:09:07,670 Speaker 1: and their allies were not taking anything for granted. While 172 00:09:07,710 --> 00:09:11,910 Speaker 1: Gore's lawyers took the extraordinary step of contesting election, Republicans 173 00:09:11,950 --> 00:09:14,311 Speaker 1: in the Florida State Legislature were setting the stage for 174 00:09:14,391 --> 00:09:15,511 Speaker 1: hail Mary of their own. 175 00:09:15,910 --> 00:09:19,311 Speaker 18: The state legislature here in Tallahassee is moving rapidly to 176 00:09:19,391 --> 00:09:22,190 Speaker 18: try to take control of this election away from the courts. 177 00:09:22,511 --> 00:09:25,431 Speaker 1: If the plan worked, the Republicans in the Florida State 178 00:09:25,550 --> 00:09:28,391 Speaker 1: Legislature would be able to deliver the state's twenty five 179 00:09:28,430 --> 00:09:34,151 Speaker 1: electors to Bush. No matter what. I'm Leon Nafock from 180 00:09:34,231 --> 00:09:39,190 Speaker 1: Prolog Projects and Pushkin Industries. This is fiasco Bush v. 181 00:09:39,351 --> 00:09:39,591 Speaker 17: Gore. 182 00:09:41,751 --> 00:09:45,390 Speaker 18: The Republicans here in Tallahassee brought down the hammer tonight's. 183 00:09:45,030 --> 00:09:47,751 Speaker 14: Leu essentially wipe out the entire election. 184 00:09:47,991 --> 00:09:50,711 Speaker 19: If you do not like political chaos, it's about time 185 00:09:50,751 --> 00:09:51,631 Speaker 19: to head for the storm. 186 00:09:51,670 --> 00:09:51,910 Speaker 7: Seller. 187 00:09:52,030 --> 00:09:54,110 Speaker 20: When they had offered me the bulletproof vest I think 188 00:09:54,151 --> 00:09:55,751 Speaker 20: that scared me more than anything else. 189 00:09:55,590 --> 00:09:58,830 Speaker 3: Dead Those couple of hours today were just positively. 190 00:09:58,231 --> 00:10:04,550 Speaker 1: Explosive Episode five contingencies. As a threat of a constitutional 191 00:10:04,550 --> 00:10:09,351 Speaker 1: crisis hangs over Tallahassee, both Democrats and Republicans prepared a 192 00:10:09,391 --> 00:10:23,511 Speaker 1: cross line never before crossed in modern politics, the Florida 193 00:10:23,550 --> 00:10:27,030 Speaker 1: State Legislature was a lopsided body. In the state Senate, 194 00:10:27,070 --> 00:10:31,351 Speaker 1: Republicans outnumbered Democrats twenty five to fifteen. In the State House, 195 00:10:31,590 --> 00:10:35,591 Speaker 1: Republicans outnumbered Democrats seventy seven to forty three. It was 196 00:10:35,590 --> 00:10:37,711 Speaker 1: a factive life in Florida that if Republicans in the 197 00:10:37,710 --> 00:10:40,551 Speaker 1: state Legislature rallied around an idea, they could take it 198 00:10:40,590 --> 00:10:42,550 Speaker 1: all the way without any Democratic support. 199 00:10:43,391 --> 00:10:47,231 Speaker 21: Good afternoon, everyone. I hope those of you that aren't 200 00:10:47,271 --> 00:10:51,390 Speaker 21: from Florida are enjoying your Florida vacation and our economy 201 00:10:51,430 --> 00:10:52,831 Speaker 21: appreciate your help. 202 00:10:53,871 --> 00:10:56,950 Speaker 1: That's John McKay, the Republican president of the Florida State 203 00:10:56,950 --> 00:10:59,870 Speaker 1: Senate at the time of the recount. A few hours 204 00:10:59,910 --> 00:11:02,230 Speaker 1: after the Gore team filed their contest lawsuit at the 205 00:11:02,271 --> 00:11:05,951 Speaker 1: Leon County Courthouse in Tallahassee, McKay held a press conference. 206 00:11:07,030 --> 00:11:08,831 Speaker 1: He took the opportunity to lay out his view of 207 00:11:08,830 --> 00:11:11,591 Speaker 1: how the state legislature can help rescue Florida from its 208 00:11:11,631 --> 00:11:12,950 Speaker 1: ongoing political nightmare. 209 00:11:13,710 --> 00:11:18,990 Speaker 21: The US Constitution and the federal law vest the legislature 210 00:11:19,030 --> 00:11:22,550 Speaker 21: with the ultimate authority to designate the manner of appointing 211 00:11:22,590 --> 00:11:25,071 Speaker 21: presidential electors. 212 00:11:25,231 --> 00:11:27,991 Speaker 1: To grasp what McKay was proposing. It helps to have 213 00:11:28,030 --> 00:11:31,271 Speaker 1: a literal understanding of what the electoral college is and 214 00:11:31,310 --> 00:11:34,151 Speaker 1: what it means in practice to be a presidential elector. 215 00:11:34,751 --> 00:11:37,230 Speaker 1: Most people don't realize that when they vote for president, 216 00:11:37,550 --> 00:11:39,670 Speaker 1: they're not voting directly for their candidate. 217 00:11:40,030 --> 00:11:42,870 Speaker 22: They think they're voting for a presidential candidate, and they're not. 218 00:11:43,070 --> 00:11:46,511 Speaker 22: They're voting for electors that have been put up by 219 00:11:46,790 --> 00:11:47,830 Speaker 22: each of the parties. 220 00:11:48,511 --> 00:11:51,391 Speaker 1: Basically, each state gets to pick a certain number of 221 00:11:51,430 --> 00:11:54,511 Speaker 1: electors to represent them in the electoral College, and when 222 00:11:54,511 --> 00:11:57,430 Speaker 1: you vote for president on election day, you're actually voting 223 00:11:57,471 --> 00:11:59,511 Speaker 1: for the electors that have been chosen by your candidate's 224 00:11:59,511 --> 00:12:03,631 Speaker 1: political party. So, for instance, when Bill Clinton won Florida 225 00:12:03,670 --> 00:12:06,631 Speaker 1: in nineteen ninety six, the Democratic Party sent a slate 226 00:12:06,670 --> 00:12:09,870 Speaker 1: of twenty five Democratic electors to vote in the electoral College, 227 00:12:10,070 --> 00:12:14,111 Speaker 1: Florida's behalf. All of this happens on a strict schedule. 228 00:12:14,991 --> 00:12:17,990 Speaker 1: In two thousand, all five hundred and thirty eight electors 229 00:12:17,991 --> 00:12:20,391 Speaker 1: around the country were supposed to cast their votes on 230 00:12:20,430 --> 00:12:21,550 Speaker 1: December eighteenth. 231 00:12:21,910 --> 00:12:25,591 Speaker 9: By December eighteenth, those electors must send their votes to Washington. 232 00:12:25,871 --> 00:12:30,430 Speaker 9: On January sixth, the new Congress certifies the vote. January twentieth, 233 00:12:30,550 --> 00:12:33,030 Speaker 9: a new president is inaugurated, so. 234 00:12:33,190 --> 00:12:35,311 Speaker 1: A little over a month before the new president would 235 00:12:35,310 --> 00:12:39,790 Speaker 1: be inaugurated. Crucially, federal law also called for each state 236 00:12:39,790 --> 00:12:42,950 Speaker 1: to choose its electors six days before the electoral college 237 00:12:43,030 --> 00:12:43,791 Speaker 1: vote took place. 238 00:12:44,190 --> 00:12:48,230 Speaker 9: December twelfth is key the day Florida certifies its electors. 239 00:12:48,351 --> 00:12:51,151 Speaker 1: On the day Gore filed the contest lawsuit and Florida 240 00:12:51,190 --> 00:12:54,271 Speaker 1: Senate President John McKay gave his press conference that was 241 00:12:54,310 --> 00:12:55,790 Speaker 1: a little more than two weeks away. 242 00:12:56,550 --> 00:12:59,511 Speaker 21: If unresolved by the twelfth, then the Legislature has the 243 00:12:59,550 --> 00:13:05,111 Speaker 21: authority and may have the responsibility to step in to 244 00:13:05,190 --> 00:13:08,350 Speaker 21: determine and communicate to Congress Florida's electors. 245 00:13:09,070 --> 00:13:11,670 Speaker 1: It was McKay's view that all the suing and hand 246 00:13:11,710 --> 00:13:14,831 Speaker 1: counting and contesting that al Gore was doing was placing 247 00:13:14,871 --> 00:13:18,871 Speaker 1: Florida's electoral votes in jeopardy. McKay and his fellow Republicans 248 00:13:18,910 --> 00:13:21,070 Speaker 1: feared that if all the legal wrangling wasn't over by 249 00:13:21,111 --> 00:13:24,151 Speaker 1: December twelfth, Florida would be left out of the electoral 250 00:13:24,151 --> 00:13:27,430 Speaker 1: college vote altogether, and none of Florida's six million ballots 251 00:13:27,511 --> 00:13:31,350 Speaker 1: would count At all. The Republicans found their solution in 252 00:13:31,430 --> 00:13:34,551 Speaker 1: Title three, Chapter one, Section two of the US Code, 253 00:13:35,111 --> 00:13:37,790 Speaker 1: which said that the state legislature had the power to intervene. 254 00:13:38,670 --> 00:13:39,791 Speaker 1: Here again is McKay. 255 00:13:40,271 --> 00:13:44,030 Speaker 22: I did not want Florida's voters votes not to be counted, 256 00:13:44,070 --> 00:13:47,271 Speaker 22: and if I remember correctly, about six million people voted 257 00:13:47,310 --> 00:13:52,230 Speaker 22: that year. I wanted to make sure those votes were counted, 258 00:13:53,670 --> 00:13:56,191 Speaker 22: and I hoped that the court system would resolve it. 259 00:13:56,550 --> 00:13:59,511 Speaker 22: But if they didn't, the legislature had to be prepared 260 00:14:00,310 --> 00:14:05,070 Speaker 22: to go into session or else everyone's votes in Florida 261 00:14:05,111 --> 00:14:06,030 Speaker 22: would not be counted. 262 00:14:06,271 --> 00:14:10,511 Speaker 1: The Democrats in Florida did not buy this rationale, convinced 263 00:14:10,511 --> 00:14:13,430 Speaker 1: that the Republicans were scheming to deliver Florida's electors to Bush, 264 00:14:13,631 --> 00:14:17,751 Speaker 1: regardless of how Gore's contest lawsuit turned out or who 265 00:14:17,830 --> 00:14:20,110 Speaker 1: ultimately prevailed in the state's popular vote. 266 00:14:20,351 --> 00:14:23,071 Speaker 18: Angry Democrats charging today, but that would be little more 267 00:14:23,071 --> 00:14:26,231 Speaker 18: than a naked attempt to fix the election for George W. 268 00:14:26,311 --> 00:14:26,870 Speaker 9: Bush. 269 00:14:27,071 --> 00:14:29,911 Speaker 23: We should not serve as an insurance policy for a 270 00:14:29,951 --> 00:14:30,951 Speaker 23: Bush presidency. 271 00:14:31,031 --> 00:14:33,830 Speaker 6: To go down this road is to shake the very 272 00:14:33,911 --> 00:14:35,351 Speaker 6: foundations of. 273 00:14:35,271 --> 00:14:38,631 Speaker 1: Our democracy as they saw it. McKay and the Republicans 274 00:14:38,631 --> 00:14:41,831 Speaker 1: were laying the groundwork for a power grab, an unconscionable 275 00:14:41,871 --> 00:14:43,350 Speaker 1: and run around Florida's electorate. 276 00:14:43,791 --> 00:14:46,231 Speaker 14: They were going to change Florida law after the fact 277 00:14:46,751 --> 00:14:49,990 Speaker 14: to say that the ballots people would cast an election 278 00:14:50,071 --> 00:14:54,151 Speaker 14: date had zero impact on Florida's electors. That instead that 279 00:14:54,231 --> 00:14:58,230 Speaker 14: the legislators would meet and they would elect a slate 280 00:14:58,271 --> 00:14:58,911 Speaker 14: of electors. 281 00:14:59,311 --> 00:15:02,151 Speaker 1: This is Ron Klain, who served as the top legal 282 00:15:02,151 --> 00:15:04,191 Speaker 1: strategist on Gore's recount team in Florida. 283 00:15:04,671 --> 00:15:08,191 Speaker 14: So they would essentially wipe out the entire election. 284 00:15:08,911 --> 00:15:09,071 Speaker 9: You know. 285 00:15:09,071 --> 00:15:11,631 Speaker 14: Their basic argument was, Hey, it's a mass it's confusing. 286 00:15:11,671 --> 00:15:14,271 Speaker 14: How about this, how about we let these fine legislators 287 00:15:14,271 --> 00:15:17,751 Speaker 14: over here decide whether not Bush or Gore will be president. 288 00:15:18,351 --> 00:15:21,671 Speaker 1: McKay rejects this characterization. He told me that he only 289 00:15:21,671 --> 00:15:24,071 Speaker 1: grudgingly endorsed the idea of the so called en run, 290 00:15:24,671 --> 00:15:26,231 Speaker 1: and though he was prepared to carry it out if 291 00:15:26,231 --> 00:15:28,711 Speaker 1: it looked like Florida's electors wouldn't otherwise be seated in time, 292 00:15:29,271 --> 00:15:30,990 Speaker 1: he shuddered to think of the president it would say. 293 00:15:31,871 --> 00:15:36,431 Speaker 22: I was concerned, and I'm still concerned that if you 294 00:15:36,511 --> 00:15:43,711 Speaker 22: had similar circumstances and you had a rabbit legislature that 295 00:15:44,031 --> 00:15:48,431 Speaker 22: the partisanship would trump comments sense. And I thought that 296 00:15:48,871 --> 00:15:54,871 Speaker 22: the legislature acting to select a presidential candidate could, perhaps 297 00:15:55,431 --> 00:16:00,871 Speaker 22: one hundred years from now, give precedent where a legislature 298 00:16:00,951 --> 00:16:03,511 Speaker 22: might do that. And I didn't want to be part 299 00:16:04,391 --> 00:16:08,951 Speaker 22: of giving somebody a blueprint for ill purposes. 300 00:16:10,231 --> 00:16:12,511 Speaker 1: You didn't want to do this right because you didn't 301 00:16:12,511 --> 00:16:14,871 Speaker 1: want to set a precedent for someone else down the 302 00:16:14,911 --> 00:16:18,031 Speaker 1: line to take over RISI and the Democrats as they 303 00:16:18,031 --> 00:16:20,071 Speaker 1: saw you doing, they said, that's what you're doing. You're 304 00:16:20,111 --> 00:16:21,951 Speaker 1: trying to take over this election. So what was your 305 00:16:21,991 --> 00:16:22,551 Speaker 1: rebuttal to that? 306 00:16:23,231 --> 00:16:26,231 Speaker 22: My rebuttal would have been had anybody ask me that question. 307 00:16:26,590 --> 00:16:29,631 Speaker 22: I've postponed this as long as I can possibly postpone 308 00:16:29,710 --> 00:16:34,630 Speaker 22: it without jeopardizing the votes of six million Floridians. 309 00:16:35,511 --> 00:16:38,471 Speaker 1: Even as plans for the legislative endron solidified in the Capitol, 310 00:16:38,871 --> 00:16:41,631 Speaker 1: Gore's effort to contest the election was just getting started. 311 00:16:42,151 --> 00:16:44,710 Speaker 24: We're expecting in ten minutes for two lawyers for al 312 00:16:44,791 --> 00:16:47,671 Speaker 24: Gore to walk into this courthouse, the Leon County Circuit 313 00:16:47,751 --> 00:16:51,071 Speaker 24: Court in Tallahassee and officially challenged the results of the 314 00:16:51,071 --> 00:16:53,271 Speaker 24: presidential election. In the United States of America in the 315 00:16:53,351 --> 00:16:54,071 Speaker 24: year two thousand. 316 00:16:54,431 --> 00:16:55,191 Speaker 14: The two lawyers. 317 00:16:55,231 --> 00:16:57,631 Speaker 1: It was November twenty seventh when Jeremy Bash and Dexter 318 00:16:57,710 --> 00:17:00,151 Speaker 1: Douglas took the contest lawsuit out of their office printer 319 00:17:00,311 --> 00:17:03,511 Speaker 1: and walked it over to the courthouse. Cameras flashed around 320 00:17:03,551 --> 00:17:05,591 Speaker 1: them as journalists tried to capture the historic. 321 00:17:05,311 --> 00:17:09,311 Speaker 16: Moment as the attorneys for al Gore come into that 322 00:17:09,391 --> 00:17:13,110 Speaker 16: courthouse and file their contest to the results. As you 323 00:17:13,111 --> 00:17:16,950 Speaker 16: can see here walking across with some degree of consciousness 324 00:17:16,951 --> 00:17:19,151 Speaker 16: and ceremony, albeit somewhat informal. 325 00:17:19,431 --> 00:17:21,110 Speaker 1: Here again is Jeremy Bash. 326 00:17:21,671 --> 00:17:24,791 Speaker 15: I held the pleadings in my hand, and I slid 327 00:17:24,870 --> 00:17:28,311 Speaker 15: the complaint under the glass window. It was the first 328 00:17:29,071 --> 00:17:32,670 Speaker 15: contest of a presidential election US history that I filed 329 00:17:32,711 --> 00:17:36,590 Speaker 15: with my own hands. And the staff at the Leon 330 00:17:36,630 --> 00:17:40,791 Speaker 15: County Courthouse took the pleading. They turned their back on us, 331 00:17:40,830 --> 00:17:43,311 Speaker 15: and they went to the back of their workspace and 332 00:17:43,350 --> 00:17:44,430 Speaker 15: they spun a wheel. 333 00:17:44,751 --> 00:17:47,830 Speaker 22: What will happen is it will be assigned to a judge. 334 00:17:47,991 --> 00:17:48,871 Speaker 14: A judge will then. 335 00:17:48,870 --> 00:17:51,150 Speaker 1: Set a date for a The wheel, which was actually 336 00:17:51,231 --> 00:17:54,430 Speaker 1: just a computer program, would determine which judge the Leon 337 00:17:54,471 --> 00:17:57,311 Speaker 1: County Circuit Court would be assigned to preside over the contest. 338 00:17:58,471 --> 00:18:01,871 Speaker 1: Going into the Scampbell, Tallahassee Native Dexter Douglas had given 339 00:18:01,911 --> 00:18:05,111 Speaker 1: the Gor team permission to be optimistic. In his opinion, 340 00:18:05,551 --> 00:18:07,511 Speaker 1: most of the judges in the pool would be receptive 341 00:18:07,551 --> 00:18:08,711 Speaker 1: to their arguments. 342 00:18:09,590 --> 00:18:11,590 Speaker 15: And they pulled a name off of the wheel and 343 00:18:11,590 --> 00:18:14,791 Speaker 15: they came back and they said, you have been given 344 00:18:15,711 --> 00:18:20,591 Speaker 15: Judge sauls that's what the wheel has given you. And 345 00:18:20,830 --> 00:18:23,950 Speaker 15: Dexter Douglas he motioned at me like, don't say anything, 346 00:18:23,991 --> 00:18:26,031 Speaker 15: but he kind of just shook his head and he said, 347 00:18:26,071 --> 00:18:26,630 Speaker 15: can I of motion? 348 00:18:26,751 --> 00:18:27,190 Speaker 1: Come with me? 349 00:18:27,311 --> 00:18:30,150 Speaker 15: And we scurried back down the hallway into the elevator. 350 00:18:30,350 --> 00:18:33,191 Speaker 15: We were followed by the press, and once the elevator 351 00:18:33,191 --> 00:18:36,390 Speaker 15: doors closed and the press was out of earshot, Dexter 352 00:18:36,711 --> 00:18:39,590 Speaker 15: just said to us, he said, that's a bad seed. 353 00:18:39,991 --> 00:18:43,111 Speaker 1: That's a bad draw. Judge Saws is not good for us. 354 00:18:49,311 --> 00:18:52,590 Speaker 1: Judge N. Sanders Saws was a lifelong North Florida Conservative. 355 00:18:53,390 --> 00:18:55,910 Speaker 1: He also had a contentious history with the Florida Supreme Court, 356 00:18:56,271 --> 00:18:58,791 Speaker 1: which many Republicans perceived as being biased towards Gore. 357 00:19:00,110 --> 00:19:03,311 Speaker 7: Judge N. Sanders Salt and his rn ends with the 358 00:19:03,311 --> 00:19:06,670 Speaker 7: Florida Supreme Court, his being a very strict constructionist, and 359 00:19:06,711 --> 00:19:07,430 Speaker 7: here's a case. 360 00:19:07,471 --> 00:19:10,430 Speaker 1: Almost immediately the Gore team realized they had to get 361 00:19:10,431 --> 00:19:13,551 Speaker 1: the contest lawsuit out of Saualz's courtroom one way or another. 362 00:19:14,271 --> 00:19:17,350 Speaker 1: They briefly considered asking him to accuse, but they decided 363 00:19:17,390 --> 00:19:21,150 Speaker 1: against it. Instead, they set out to lose as quickly 364 00:19:21,271 --> 00:19:25,870 Speaker 1: as possible. Here again is Gore recount strategist Ron Klain. 365 00:19:26,071 --> 00:19:28,630 Speaker 14: In the few minutes after it happened, as we were 366 00:19:28,671 --> 00:19:31,870 Speaker 14: sitting around discussing trial strategy, and it was very simply this, 367 00:19:32,390 --> 00:19:34,230 Speaker 14: we need to lose, and we need to lose fast. 368 00:19:34,711 --> 00:19:36,751 Speaker 1: The faster they could get a ruling out of Saulves. 369 00:19:36,751 --> 00:19:39,230 Speaker 1: The Gore team vigured, the faster they could appeal the 370 00:19:39,231 --> 00:19:41,311 Speaker 1: case and get it in front of the Florida Supreme Court. 371 00:19:42,071 --> 00:19:43,551 Speaker 1: At least there they would have a chance. 372 00:19:50,751 --> 00:19:53,390 Speaker 11: As the battle on the Florida Arena shifted to the 373 00:19:53,471 --> 00:19:56,751 Speaker 11: legal arena, the Gore campaign brought in a heavyweight. His 374 00:19:56,830 --> 00:19:58,870 Speaker 11: name is David Boys, and he's a legend in his 375 00:19:58,951 --> 00:20:01,870 Speaker 11: own time, a New York lawrior with an enviable record 376 00:20:01,870 --> 00:20:03,551 Speaker 11: in a quirky personal style. 377 00:20:04,150 --> 00:20:06,431 Speaker 1: David Boys was in a meeting with Calvin Klein when 378 00:20:06,471 --> 00:20:08,671 Speaker 1: one of Gore's friends called his law offics and asked 379 00:20:08,711 --> 00:20:12,511 Speaker 1: him to join the recount effort Florida. Boys was representing 380 00:20:12,590 --> 00:20:14,350 Speaker 1: Klein in a trademark case that was supposed to go 381 00:20:14,390 --> 00:20:16,910 Speaker 1: to trial soon, but he wasn't about to say no 382 00:20:16,991 --> 00:20:18,031 Speaker 1: to helping the Vice President. 383 00:20:18,711 --> 00:20:21,191 Speaker 5: Even at that stage. We knew it was an important case. 384 00:20:21,231 --> 00:20:23,751 Speaker 5: We knew it was a case that was going to 385 00:20:23,791 --> 00:20:29,670 Speaker 5: involve historic decisions, and to have an opportunity to have 386 00:20:29,711 --> 00:20:32,751 Speaker 5: a front row seat and maybe even be a participant 387 00:20:33,431 --> 00:20:35,231 Speaker 5: was something that would have been hard to turn down. 388 00:20:36,071 --> 00:20:38,350 Speaker 1: Boys had won some of the most spectacular lawsuits in 389 00:20:38,390 --> 00:20:41,710 Speaker 1: the past fifteen years. He had represented the federal government 390 00:20:41,751 --> 00:20:44,951 Speaker 1: in the monopoly case against Microsoft. He had also represented 391 00:20:44,951 --> 00:20:46,951 Speaker 1: the New York Yankees in an anti trust suit against 392 00:20:46,951 --> 00:20:50,071 Speaker 1: Major League Baseball. Boys was known for speaking in court 393 00:20:50,071 --> 00:20:53,071 Speaker 1: without notes and for showing up to arguments wearing sneakers 394 00:20:53,911 --> 00:20:56,150 Speaker 1: to fill out the picture of the eccentric genius. He 395 00:20:56,231 --> 00:20:58,390 Speaker 1: was frequently seen eating candy or ice cream. 396 00:20:58,551 --> 00:21:00,830 Speaker 9: Last year's Lawyer of the Year, according to the National 397 00:21:00,911 --> 00:21:04,830 Speaker 9: Law Journal, profiled in Vanity Fair and People Magazine, the 398 00:21:04,951 --> 00:21:05,991 Speaker 9: litigator in cheap. 399 00:21:06,590 --> 00:21:09,630 Speaker 1: Boys was responsible for crafting the lose fast strategy in 400 00:21:09,671 --> 00:21:12,630 Speaker 1: front of Judge Salls. Instead of calling dozens of witnesses 401 00:21:12,671 --> 00:21:14,791 Speaker 1: in order to prove that manual recounts were needed in 402 00:21:14,791 --> 00:21:17,791 Speaker 1: Palm Beach and Miami Dade, Boys just wanted to keep 403 00:21:17,791 --> 00:21:20,991 Speaker 1: things moving. The December twelfth deadline for seating electors was 404 00:21:20,991 --> 00:21:23,671 Speaker 1: weighing on him, and if the Gore team's end game 405 00:21:23,751 --> 00:21:25,511 Speaker 1: was to get the case to the Florida Supreme Court 406 00:21:25,751 --> 00:21:28,351 Speaker 1: and then have the ballots counted by hand, they had 407 00:21:28,350 --> 00:21:30,590 Speaker 1: to get through the SAAL's trial as efficiently as possible. 408 00:21:31,350 --> 00:21:34,430 Speaker 1: To save time, Boys asked Saals to order the ballots 409 00:21:34,431 --> 00:21:38,350 Speaker 1: from Miami Dade and Palm Beach transported to Tallahassee. That way, 410 00:21:38,511 --> 00:21:40,551 Speaker 1: if the judge did decide to do a manual recount, 411 00:21:40,711 --> 00:21:42,350 Speaker 1: at least the ballots would already be there. 412 00:21:43,511 --> 00:21:47,471 Speaker 5: We wanted to get the ballots up in Tallahassee so 413 00:21:47,551 --> 00:21:50,991 Speaker 5: that they could be counted quickly. We didn't want to 414 00:21:51,551 --> 00:21:55,870 Speaker 5: waste another day after a decision getting the ballots up 415 00:21:55,911 --> 00:21:56,710 Speaker 5: there to be counted. 416 00:21:57,511 --> 00:22:00,951 Speaker 1: After Judge Sauls granted Boys's request, the one point one 417 00:22:01,031 --> 00:22:03,831 Speaker 1: million ballots cast in Miami Dade in Palm Beach were 418 00:22:03,830 --> 00:22:06,630 Speaker 1: placed in boxes and driven up to Tallahassee in trucks. 419 00:22:06,991 --> 00:22:09,711 Speaker 11: More than four hundred and sixty thousand ballots from Palm 420 00:22:09,751 --> 00:22:12,630 Speaker 11: Beach County were packed into a rider truck and driven 421 00:22:12,671 --> 00:22:14,630 Speaker 11: to the state capitol in Tallahausee today. 422 00:22:14,951 --> 00:22:17,670 Speaker 1: A woman named Ivy Corman, who worked in the Miami 423 00:22:17,751 --> 00:22:20,670 Speaker 1: Dade Election Supervisor's office, was assigned to watch over the 424 00:22:20,711 --> 00:22:21,870 Speaker 1: ballots as they made the trip. 425 00:22:22,311 --> 00:22:24,670 Speaker 25: When all of the ballots needed to go up for 426 00:22:24,870 --> 00:22:29,710 Speaker 25: storage in Tallahassee, it was loaded by warehouse personnel. We 427 00:22:29,791 --> 00:22:33,071 Speaker 25: got it all in there, everything was locked up, and 428 00:22:33,390 --> 00:22:35,110 Speaker 25: that was it, and we just took. 429 00:22:34,911 --> 00:22:38,991 Speaker 15: Off the six hundred thousand ballots more than two tons worth, 430 00:22:38,991 --> 00:22:41,431 Speaker 15: that were loaded up and sent by truck from Miami 431 00:22:41,471 --> 00:22:42,350 Speaker 15: to Tallahassee. 432 00:22:42,350 --> 00:22:44,910 Speaker 1: Today, as the truck sped down the highway, flanked by 433 00:22:44,951 --> 00:22:49,271 Speaker 1: law enforcement vehicles, TV news helicopters glided above and broadcast 434 00:22:49,271 --> 00:22:50,151 Speaker 1: the journey live. 435 00:22:50,110 --> 00:22:53,470 Speaker 3: The election battle as television spectacle. In the company of 436 00:22:53,511 --> 00:22:56,711 Speaker 3: police SWAT teams. More than a million ballots from Miami 437 00:22:56,830 --> 00:23:00,110 Speaker 3: Dade and Palm Beach Counties driven in the convoy to 438 00:23:00,191 --> 00:23:01,991 Speaker 3: the state capitol Tallahassee. 439 00:23:02,350 --> 00:23:04,670 Speaker 1: And then the IVY Corman remembers feeling like she was 440 00:23:04,711 --> 00:23:05,871 Speaker 1: part of a huge production. 441 00:23:06,471 --> 00:23:10,510 Speaker 25: They had the SWAT team come and we were going 442 00:23:10,590 --> 00:23:15,150 Speaker 25: to have a policeman, a SWAT member, and myself with 443 00:23:15,271 --> 00:23:19,031 Speaker 25: the ballots in one truck, then an empty truck in 444 00:23:19,191 --> 00:23:23,750 Speaker 25: case this truck broke down, then another policeman. Then we 445 00:23:23,830 --> 00:23:31,311 Speaker 25: had cars of Republican officials, Democratic officials, We had newspaper reporters, everybody. 446 00:23:31,350 --> 00:23:33,710 Speaker 25: There must have been at least a caravan of thirty 447 00:23:33,791 --> 00:23:36,110 Speaker 25: cars and a helicopter. 448 00:23:38,191 --> 00:23:41,911 Speaker 26: The final installment of that million ballot convoy delivered from 449 00:23:41,911 --> 00:23:42,791 Speaker 26: Miami today. 450 00:23:43,350 --> 00:23:46,711 Speaker 1: Caravan arrived in Tallahassee in the late afternoon of December. First, 451 00:23:47,031 --> 00:23:48,071 Speaker 1: did you help unload the truck? 452 00:23:48,191 --> 00:23:48,470 Speaker 27: I hack? 453 00:23:48,590 --> 00:23:55,511 Speaker 25: No, No, I didn't. We signed over custody to the 454 00:23:55,630 --> 00:24:00,071 Speaker 25: Leon County Supervisor of Elections and said goodbye, thank you, 455 00:24:00,150 --> 00:24:00,670 Speaker 25: and that was that. 456 00:24:04,311 --> 00:24:07,071 Speaker 1: In the end, despite repeated prodding from the GORGE team, 457 00:24:07,551 --> 00:24:09,991 Speaker 1: Sauls declined to count or even look at the ballots 458 00:24:10,071 --> 00:24:13,271 Speaker 1: that had come in from Palm Beach and Miami Dade. Instead, 459 00:24:13,791 --> 00:24:16,271 Speaker 1: he listened to testimony from a handful of expert witnesses, 460 00:24:16,630 --> 00:24:19,831 Speaker 1: including a statistician who had studied voting technology and an 461 00:24:19,830 --> 00:24:22,231 Speaker 1: inventor who had helped design the punch card machine. 462 00:24:22,311 --> 00:24:25,551 Speaker 26: Their expert witness points to flaws in the bodomatics design, 463 00:24:25,951 --> 00:24:28,190 Speaker 26: years of wear, and voter confusion. 464 00:24:28,511 --> 00:24:32,710 Speaker 9: This cover this machine is fall to the brim with Chad. 465 00:24:33,191 --> 00:24:36,670 Speaker 1: On December fourth, after two days of testimony, Sauls was 466 00:24:36,711 --> 00:24:37,350 Speaker 1: ready to rule. 467 00:24:37,711 --> 00:24:41,830 Speaker 28: We were watching Judge Sanders Saul's courtroom. The attorneys have 468 00:24:42,031 --> 00:24:45,110 Speaker 28: filed in David Boyce and his legal team. They are 469 00:24:45,110 --> 00:24:47,271 Speaker 28: waiting for the judge's decision, which we expect to be 470 00:24:47,271 --> 00:24:48,630 Speaker 28: announced within a matter of minutes. 471 00:24:48,630 --> 00:24:50,071 Speaker 9: Here while we wait. 472 00:24:49,870 --> 00:24:52,630 Speaker 1: For that, Saul's read his decision out loud in court. 473 00:24:53,671 --> 00:24:56,431 Speaker 1: He was ruling against Gore on every aspect of his complaint. 474 00:24:56,951 --> 00:25:02,350 Speaker 12: In this case, there's no credible statistical evidence and no 475 00:25:02,431 --> 00:25:09,271 Speaker 12: other confidence substantial evidence to establish a reasonable probability that 476 00:25:09,390 --> 00:25:13,231 Speaker 12: the results of the state wide election in the state 477 00:25:13,271 --> 00:25:15,471 Speaker 12: of Florida would be different. 478 00:25:17,110 --> 00:25:19,950 Speaker 13: Judge Saws turned down pretty much every element of the 479 00:25:19,991 --> 00:25:22,191 Speaker 13: Gore case presented over this weekend. 480 00:25:22,311 --> 00:25:25,910 Speaker 1: For Jeremy Bash and the other Gore lawyers have been 481 00:25:25,951 --> 00:25:29,110 Speaker 1: expecting Sauls to rule against them. In fact, they already 482 00:25:29,110 --> 00:25:30,430 Speaker 1: had their appeal notice ready to go. 483 00:25:31,350 --> 00:25:33,751 Speaker 15: I was sitting in the court when Judge Saws issued 484 00:25:33,791 --> 00:25:37,670 Speaker 15: his ruling, and I had the appellate notice already written. 485 00:25:37,991 --> 00:25:39,390 Speaker 1: It was in a Manila folder. 486 00:25:39,431 --> 00:25:42,350 Speaker 15: And as soon as Judge Sauls issued his ruling, the 487 00:25:42,431 --> 00:25:46,470 Speaker 15: trial team motioned to me go. Within a matter of minutes, 488 00:25:46,830 --> 00:25:49,311 Speaker 15: I was down at the Florida Court of Appeals, banging 489 00:25:49,390 --> 00:25:51,511 Speaker 15: on the window, banging on the door, hoping anyone would 490 00:25:51,511 --> 00:25:54,711 Speaker 15: come forward so I could hand them this document. Finally 491 00:25:54,711 --> 00:25:56,350 Speaker 15: we found someone to take the document. 492 00:25:57,231 --> 00:26:00,231 Speaker 1: It was official. The contest lawsuit was being kicked up 493 00:26:00,311 --> 00:26:01,670 Speaker 1: to the Florida Supreme Court. 494 00:26:02,071 --> 00:26:02,231 Speaker 29: Yeah. 495 00:26:02,271 --> 00:26:04,111 Speaker 30: Actually, Joey, I've already been on the phone with two 496 00:26:04,150 --> 00:26:06,031 Speaker 30: Gore campaign spokesman on this. 497 00:26:06,150 --> 00:26:07,231 Speaker 14: The first, Doug Hadaway. 498 00:26:07,551 --> 00:26:09,951 Speaker 30: I said that quote, everybody expected this to be a 499 00:26:10,110 --> 00:26:13,311 Speaker 30: Florida Supreme Court by dinner time today, regardless of what 500 00:26:13,350 --> 00:26:14,191 Speaker 30: this judge said. 501 00:26:14,711 --> 00:26:15,551 Speaker 14: So here we go. 502 00:26:16,431 --> 00:26:20,350 Speaker 4: Most of you have reported that both sides said today 503 00:26:20,711 --> 00:26:22,710 Speaker 4: that if they lost, they would appeal to the Florida 504 00:26:22,751 --> 00:26:26,151 Speaker 4: Supreme Court. We said it, they said it. They won, 505 00:26:26,551 --> 00:26:29,830 Speaker 4: we lost, We're appealing. This is going to be resolved 506 00:26:29,911 --> 00:26:31,791 Speaker 4: by the Florida Supreme Court. 507 00:26:33,110 --> 00:26:36,031 Speaker 1: The Florida Supreme Court's decision to hear Gore's appeal in 508 00:26:36,071 --> 00:26:38,511 Speaker 1: the contest lawsuit was like a bat signal to the 509 00:26:38,551 --> 00:26:42,551 Speaker 1: Republicans and the Florida State Legislature. Suddenly it seemed all 510 00:26:42,551 --> 00:26:44,590 Speaker 1: the more crucial to have a backup plan in place. 511 00:26:45,350 --> 00:26:46,870 Speaker 1: Who could say how long the case would take to 512 00:26:46,911 --> 00:26:49,710 Speaker 1: resolve itself, and now that these liberal judges had their 513 00:26:49,711 --> 00:26:51,711 Speaker 1: hands on it, who could say whether it would be 514 00:26:51,711 --> 00:26:52,711 Speaker 1: resolved in the right way. 515 00:26:54,511 --> 00:26:57,791 Speaker 18: The Republicans here in Tallahassee brought down the hammer Tonight's 516 00:26:58,110 --> 00:27:01,830 Speaker 18: essentially telling Vice President Gore they'll award the state's presidential 517 00:27:01,830 --> 00:27:03,151 Speaker 18: electors to Governor Bush. 518 00:27:03,231 --> 00:27:05,751 Speaker 1: Not The Florida State Legislature was going into a special 519 00:27:05,791 --> 00:27:08,791 Speaker 1: session in order to start the process of seating Florida's 520 00:27:08,791 --> 00:27:09,791 Speaker 1: twenty five electors. 521 00:27:10,031 --> 00:27:13,830 Speaker 11: The Republican controlled state legislature is taking no chances. It's 522 00:27:13,870 --> 00:27:17,511 Speaker 11: now scheduled a special session to name electors, just in 523 00:27:17,590 --> 00:27:21,191 Speaker 11: case their process is stalled or the state Supreme Court 524 00:27:21,271 --> 00:27:22,750 Speaker 11: rules against Governor Bush. 525 00:27:22,911 --> 00:27:25,590 Speaker 1: Tallahassee Democrats were furious, and they tried to link the 526 00:27:25,630 --> 00:27:27,471 Speaker 1: plan to George Bush's campaign and his. 527 00:27:27,471 --> 00:27:31,430 Speaker 26: Brother Jeb Sadly, I have to say that I believe 528 00:27:31,471 --> 00:27:34,991 Speaker 26: this is orchestrated and the only thing missing from the 529 00:27:35,031 --> 00:27:39,031 Speaker 26: proclamation today was the postmark from Austin, Texas. 530 00:27:39,390 --> 00:27:42,751 Speaker 18: The Democrats are seething tonight's a senior Gore advisor telling 531 00:27:42,791 --> 00:27:45,910 Speaker 18: NBC News quotes, the American people will not accept the 532 00:27:45,951 --> 00:27:49,150 Speaker 18: decision by Florida Governor Jeb Bush and his friends in 533 00:27:49,191 --> 00:27:51,991 Speaker 18: the Florida legislature to take the decision away from the 534 00:27:51,991 --> 00:27:54,031 Speaker 18: people and the independent courts. 535 00:27:54,471 --> 00:27:56,830 Speaker 1: Gore advisor Ron Klain thought it was time for his 536 00:27:56,951 --> 00:27:58,951 Speaker 1: team to make a contingency plan of their own. 537 00:28:01,031 --> 00:28:02,311 Speaker 14: There are a lot of ways in which we thought 538 00:28:02,350 --> 00:28:05,631 Speaker 14: it was possible that we would have won, and had 539 00:28:05,630 --> 00:28:09,751 Speaker 14: a court ruling said we won, and still the Republican 540 00:28:09,991 --> 00:28:13,351 Speaker 14: y legislators would have gathered at the Florida State Capitol 541 00:28:13,630 --> 00:28:16,071 Speaker 14: at the appointed time and hour and cast their votes 542 00:28:16,110 --> 00:28:18,511 Speaker 14: for George Bush. And so we needed a strategy to 543 00:28:18,590 --> 00:28:19,910 Speaker 14: deal with that. 544 00:28:19,911 --> 00:28:22,950 Speaker 1: That strategy would come to be known internally as Plan X. 545 00:28:23,751 --> 00:28:26,151 Speaker 1: Claim called it the Gore team's most extreme thought. 546 00:28:26,830 --> 00:28:29,230 Speaker 14: You know, the electoral College doesn't really meet all in 547 00:28:29,271 --> 00:28:32,470 Speaker 14: one place at one time. When we say the electoral College, 548 00:28:32,511 --> 00:28:35,110 Speaker 14: what it is is each state separate electors. They gather 549 00:28:35,231 --> 00:28:39,071 Speaker 14: in their state's capital. They cast their ballots there, and 550 00:28:39,111 --> 00:28:41,351 Speaker 14: the ballots are then transmitted to the Archivist of the 551 00:28:41,471 --> 00:28:45,431 Speaker 14: United States. Now, one of the intriguing things about Florida 552 00:28:45,591 --> 00:28:48,671 Speaker 14: is it actually has two state capitals. 553 00:28:49,391 --> 00:28:53,031 Speaker 1: Of course it does, but to be clear, Claan means 554 00:28:53,031 --> 00:28:57,311 Speaker 1: Florida had two state capitol buildings. They were both in Tallahassee. 555 00:28:57,471 --> 00:29:00,151 Speaker 1: One was fully functional and had been in nineteen seventy eight. 556 00:29:00,791 --> 00:29:03,151 Speaker 1: The other dated back to the nineteenth century and had 557 00:29:03,191 --> 00:29:05,391 Speaker 1: been converted into a museum of Florida history after the 558 00:29:05,431 --> 00:29:08,431 Speaker 1: new one was built. Now, I know this is going 559 00:29:08,431 --> 00:29:12,591 Speaker 1: to sound convoluted, but that's because it was. The electoral 560 00:29:12,591 --> 00:29:15,551 Speaker 1: College was scheduled to vote for president on December eighteenth. 561 00:29:16,111 --> 00:29:18,231 Speaker 1: That was the only day the country's five hundred and 562 00:29:18,271 --> 00:29:22,071 Speaker 1: thirty eight electors could legally cast their votes. So if 563 00:29:22,071 --> 00:29:25,551 Speaker 1: the contest lawsuit ended up going Gore's way after the eighteenth, 564 00:29:25,911 --> 00:29:28,391 Speaker 1: and he picked up enough votes to overtake Bush's lead, 565 00:29:29,071 --> 00:29:31,031 Speaker 1: it would still be too late for the Gore campaign 566 00:29:31,111 --> 00:29:34,591 Speaker 1: to make it count in the electoral College. To avoid 567 00:29:34,591 --> 00:29:37,511 Speaker 1: that situation, ron Clam moved to take advantage of an 568 00:29:37,551 --> 00:29:41,031 Speaker 1: ambiguity in Florida law which specified that the state's electors 569 00:29:41,071 --> 00:29:44,631 Speaker 1: had to gather in Tallahassee, but didn't specify where exactly 570 00:29:44,671 --> 00:29:45,231 Speaker 1: they had to go. 571 00:29:45,591 --> 00:29:47,791 Speaker 14: And we had a plan, a contingency plan to have 572 00:29:47,871 --> 00:29:50,911 Speaker 14: our electors come to Tallahassee and meet in the old 573 00:29:50,951 --> 00:29:54,391 Speaker 14: State Capitol building and cast their votes for al Gore 574 00:29:54,991 --> 00:29:57,911 Speaker 14: and send those votes to the archivist, even as the 575 00:29:57,911 --> 00:30:00,511 Speaker 14: Bush vote electors were meeting in the new State Capitol 576 00:30:00,711 --> 00:30:03,791 Speaker 14: and casting their votes for George Bush. 577 00:30:03,991 --> 00:30:07,031 Speaker 1: Claim knew that Plan X was a zany idea. In 578 00:30:07,151 --> 00:30:09,551 Speaker 1: the same way Senate President John McKay didn't cherish the 579 00:30:09,551 --> 00:30:12,591 Speaker 1: prospect of the legislative end run. Claim didn't really want 580 00:30:12,631 --> 00:30:15,071 Speaker 1: to go through with it, but he felt that the 581 00:30:15,111 --> 00:30:17,151 Speaker 1: Florida Republicans were giving him no choice. 582 00:30:17,431 --> 00:30:19,190 Speaker 14: Now, again, we wouldn't have done that unless we had 583 00:30:19,191 --> 00:30:21,551 Speaker 14: a court order saying that we thought our electors were 584 00:30:21,591 --> 00:30:24,511 Speaker 14: the right electors. But you know, we really were planning 585 00:30:24,551 --> 00:30:26,591 Speaker 14: for every possible contingency here. 586 00:30:27,471 --> 00:30:29,991 Speaker 1: You might be wondering what would have happened if Florida 587 00:30:30,071 --> 00:30:32,791 Speaker 1: had sent in two sets of votes, one from a 588 00:30:32,831 --> 00:30:35,111 Speaker 1: slate of Bush electors, the other from a slate of 589 00:30:35,151 --> 00:30:39,190 Speaker 1: Gore electors. Al Gore actually had the same question. His 590 00:30:39,351 --> 00:30:42,671 Speaker 1: friend Walter Dellinger, the former Solicitor General, told him the 591 00:30:42,671 --> 00:30:44,591 Speaker 1: dispute would be resolved in the US Congress. 592 00:30:45,151 --> 00:30:48,911 Speaker 31: Here's Dellinger, because the Constitution gives Congress the authority to 593 00:30:48,951 --> 00:30:53,551 Speaker 31: count the ballots, and any dispute over you know, who 594 00:30:53,591 --> 00:30:57,791 Speaker 31: won a particular electoral vote could be resolved by Congress. 595 00:30:58,271 --> 00:31:01,311 Speaker 1: In this scenario, two envelopes from Florida would be given 596 00:31:01,351 --> 00:31:04,470 Speaker 1: to Congress, one saying that the state's twenty five electors 597 00:31:04,511 --> 00:31:06,671 Speaker 1: had voted for Gore, and the other one saying that 598 00:31:06,711 --> 00:31:09,551 Speaker 1: they had voted for Bush. The official count would be 599 00:31:09,551 --> 00:31:12,431 Speaker 1: overseen by the President of the Senate otherwise known as 600 00:31:12,471 --> 00:31:16,111 Speaker 1: the sitting Vice President otherwise known as Al Gore. 601 00:31:17,071 --> 00:31:20,710 Speaker 31: When the votes are open in front of both houses assembled. 602 00:31:21,791 --> 00:31:25,191 Speaker 31: When the vote is announced, that vote can be overturned 603 00:31:25,271 --> 00:31:29,511 Speaker 31: or rejected only by an action of both the House 604 00:31:29,551 --> 00:31:34,991 Speaker 31: and the Senate. Vice President. Gore is listening eagerly as 605 00:31:35,031 --> 00:31:39,831 Speaker 31: I am explaining what happens, that whatever envelope. 606 00:31:39,631 --> 00:31:42,191 Speaker 1: Is opened will be. 607 00:31:43,791 --> 00:31:47,991 Speaker 31: The vote of Florida. And he says, who decides what 608 00:31:49,271 --> 00:31:50,511 Speaker 31: envelope to open? First? 609 00:31:50,871 --> 00:31:53,111 Speaker 1: Good question. That was my next question too. 610 00:31:54,071 --> 00:31:58,191 Speaker 31: And I said, you will still be the presiding officer 611 00:31:58,231 --> 00:32:01,631 Speaker 31: of the Senate. You'll be the one to choose which 612 00:32:02,431 --> 00:32:03,311 Speaker 31: ballot to open. 613 00:32:04,111 --> 00:32:07,671 Speaker 1: Gore wouldn't get to unilaterally declare himself president, but still 614 00:32:07,911 --> 00:32:08,791 Speaker 1: he knew how it would look. 615 00:32:08,911 --> 00:32:10,431 Speaker 31: And he looked at me and said, well, I just 616 00:32:10,471 --> 00:32:13,751 Speaker 31: have one question. Did they have to wait for me 617 00:32:13,831 --> 00:32:17,391 Speaker 31: to be sworn in before beginning appeacement proceedings or could 618 00:32:17,391 --> 00:32:18,231 Speaker 31: they start right then? 619 00:32:23,911 --> 00:32:25,431 Speaker 1: More after the break. 620 00:32:29,711 --> 00:32:32,631 Speaker 3: Live pictures here of the tense city that has grown 621 00:32:32,711 --> 00:32:34,751 Speaker 3: outside the Florida State Supreme Court. 622 00:32:34,791 --> 00:32:37,391 Speaker 1: As the Florida Supreme Court prepared to hear Al Gore's 623 00:32:37,391 --> 00:32:40,750 Speaker 1: appeal in the contest lawsuit, Tallahassee was getting more hectic 624 00:32:40,791 --> 00:32:44,710 Speaker 1: and media saturated by the day. Even the lawyers, especially 625 00:32:44,831 --> 00:32:47,751 Speaker 1: David Boys from the Gore side and local Florida attorney 626 00:32:47,751 --> 00:32:50,311 Speaker 1: Barry Richard from the Bush side, walked around like celebrities. 627 00:32:50,871 --> 00:32:51,470 Speaker 1: Here's boys. 628 00:32:51,951 --> 00:32:55,990 Speaker 5: Everybody recognized Barry Richards and myself. You know, people driving 629 00:32:56,031 --> 00:32:59,511 Speaker 5: by would shout out to him, don't let them steal 630 00:32:59,551 --> 00:33:02,950 Speaker 5: the election, or our supporters would you know, don't let them, 631 00:33:03,151 --> 00:33:06,271 Speaker 5: you know, bury our ballots. So, I mean, somebody was 632 00:33:06,311 --> 00:33:11,391 Speaker 5: always yelling out to you, either encouraging you or trying 633 00:33:11,391 --> 00:33:12,230 Speaker 5: to discourage you. 634 00:33:14,431 --> 00:33:18,791 Speaker 18: Today, hundreds of pro GOURG demonstrators rally outside the state Capitol. 635 00:33:19,031 --> 00:33:22,791 Speaker 1: News trucks flooded the area. Protesters arrived early each morning, 636 00:33:23,031 --> 00:33:24,871 Speaker 1: and with them a crowd of attention seekers who were 637 00:33:24,911 --> 00:33:27,991 Speaker 1: less motivated by politics. By the presence of cameras. 638 00:33:27,831 --> 00:33:31,271 Speaker 2: There were people dressed in clown outfits. They were having 639 00:33:31,271 --> 00:33:33,111 Speaker 2: a lot more fun out there than I was having 640 00:33:33,191 --> 00:33:34,031 Speaker 2: inside the building. 641 00:33:34,631 --> 00:33:37,271 Speaker 1: That's Charles Wells. He was the Chief Justice of the 642 00:33:37,311 --> 00:33:38,911 Speaker 1: Florida Supreme Court in two thousand. 643 00:33:39,591 --> 00:33:44,271 Speaker 2: There was a lady that brought her pet skunk, and 644 00:33:44,791 --> 00:33:47,471 Speaker 2: it was a great act because you can make that 645 00:33:47,591 --> 00:33:49,791 Speaker 2: skunk do backwards sumrsaults. 646 00:33:51,191 --> 00:33:54,031 Speaker 1: It was against this backdrop that in December seventh, the 647 00:33:54,031 --> 00:34:05,391 Speaker 1: Florida Supreme Court heard oral arguments in Gore v. Harris. 648 00:34:06,951 --> 00:34:09,671 Speaker 27: Americans maybe just hours away from their clearest few yet 649 00:34:09,751 --> 00:34:13,270 Speaker 27: of will be the next president. A live picture right 650 00:34:13,311 --> 00:34:16,591 Speaker 27: now from the Florida Supreme Court any moment. Oral arguments 651 00:34:16,591 --> 00:34:18,631 Speaker 27: will begin here in this courtroom. 652 00:34:18,871 --> 00:34:21,350 Speaker 1: The question before the court was whether Judge Sauls had 653 00:34:21,391 --> 00:34:24,991 Speaker 1: aired in denying the Gore team's contest petition. The legal 654 00:34:24,991 --> 00:34:28,591 Speaker 1: standard at play was not exactly objective. According to Florida law, 655 00:34:28,991 --> 00:34:30,790 Speaker 1: the losing candidate had to show that there had been 656 00:34:30,831 --> 00:34:33,311 Speaker 1: counting errors that placed the result of the election in doubt. 657 00:34:33,871 --> 00:34:35,671 Speaker 1: But what that meant was up for interpretation. 658 00:34:36,911 --> 00:34:42,351 Speaker 32: Good morning, and welcome once again to the Florida Supreme Court, 659 00:34:43,230 --> 00:34:46,351 Speaker 32: where we'll have oral argument this morning in the case 660 00:34:46,431 --> 00:34:48,230 Speaker 32: of Gore versus Harris. 661 00:34:49,871 --> 00:34:54,511 Speaker 1: In one corner stood David Boys and the other Barry Richard. I. 662 00:34:54,511 --> 00:34:56,750 Speaker 1: Though they looked like sworn enemies in the courtroom, the 663 00:34:56,791 --> 00:34:59,151 Speaker 1: truth was they liked each other, and when they weren't working, 664 00:34:59,391 --> 00:35:00,991 Speaker 1: they'd been hanging out together at a sports bar in 665 00:35:01,031 --> 00:35:01,831 Speaker 1: your Boys's hotel. 666 00:35:02,431 --> 00:35:06,710 Speaker 5: We were so deep into the weeds of this that 667 00:35:06,911 --> 00:35:10,871 Speaker 5: in some senses, we were each the only person the 668 00:35:10,911 --> 00:35:14,631 Speaker 5: other could talk to that cared enough about some of 669 00:35:14,671 --> 00:35:17,551 Speaker 5: these details to really be interested in talking about it, 670 00:35:18,831 --> 00:35:22,710 Speaker 5: even your children and your wife. It's my eyes begin 671 00:35:22,791 --> 00:35:27,271 Speaker 5: to glaze over sometimes when you are really deeply involved 672 00:35:27,311 --> 00:35:29,031 Speaker 5: in one of these complicated cases. 673 00:35:29,511 --> 00:35:31,671 Speaker 1: Boys and Richard took pleasure in competing with each other. 674 00:35:32,111 --> 00:35:33,790 Speaker 29: One of the things made it so much fun for 675 00:35:33,911 --> 00:35:38,631 Speaker 29: me is that David and I were sparring with each 676 00:35:38,671 --> 00:35:40,551 Speaker 29: other for the fun of it. 677 00:35:40,750 --> 00:35:41,831 Speaker 1: This is Barry Richard. 678 00:35:42,190 --> 00:35:44,750 Speaker 29: I've never been much of an athlete, but I suspect 679 00:35:44,791 --> 00:35:48,230 Speaker 29: that professional athletes enjoy what they do most when they 680 00:35:48,270 --> 00:35:50,951 Speaker 29: are opposing to somebody else who they feel is at 681 00:35:50,991 --> 00:35:52,790 Speaker 29: the top of his game, and. 682 00:35:52,791 --> 00:35:54,390 Speaker 1: David Boys at the toughest game. 683 00:35:54,471 --> 00:35:57,231 Speaker 29: So it was a great challenge, and it was fun, 684 00:35:57,911 --> 00:36:01,511 Speaker 29: it was intellectually stimulated, and I got famous. 685 00:36:04,270 --> 00:36:06,631 Speaker 1: So that was the dynamic at play between David Boys 686 00:36:06,631 --> 00:36:08,431 Speaker 1: and Barry Richard, who they sparred with each other at 687 00:36:08,431 --> 00:36:10,790 Speaker 1: the Florida Supreme Court in. 688 00:36:10,791 --> 00:36:15,511 Speaker 4: Which we have identified specific votes, many of which were 689 00:36:15,551 --> 00:36:19,230 Speaker 4: agreed by the district Court, were votes in which you 690 00:36:19,230 --> 00:36:24,350 Speaker 4: could clearly discern the voter's intent, and fifteen. 691 00:36:23,991 --> 00:36:26,831 Speaker 1: The positions they took will sound familiar to you. Richard 692 00:36:26,911 --> 00:36:28,991 Speaker 1: argued that the recount process had already played itself out 693 00:36:28,991 --> 00:36:31,671 Speaker 1: fair and square, while Boys made the case that getting 694 00:36:31,671 --> 00:36:34,991 Speaker 1: an accurate vote count should take precedence over any other consideration. 695 00:36:36,151 --> 00:36:38,711 Speaker 5: The simple argument that I made to the Florida Supreme 696 00:36:38,750 --> 00:36:43,951 Speaker 5: Court was that Florida law for one hundred years had 697 00:36:44,391 --> 00:36:48,511 Speaker 5: held that what was important was to discern the intent 698 00:36:48,551 --> 00:36:51,591 Speaker 5: of the voter, and that in order to discern the 699 00:36:51,631 --> 00:36:53,870 Speaker 5: intent of the voter. In a close election, you would 700 00:36:53,911 --> 00:36:55,031 Speaker 5: have a manual recount. 701 00:36:56,031 --> 00:36:57,791 Speaker 1: It was clear from the questions that they were asking 702 00:36:57,911 --> 00:37:00,671 Speaker 1: that some of the Florida justices were sympathetic to Boys's argument, 703 00:37:00,831 --> 00:37:04,111 Speaker 1: while others were not. Among the sympathetic ones was Justice 704 00:37:04,151 --> 00:37:07,791 Speaker 1: Barbara Perrienti, who was frustrated with Judge Sauls for refusing 705 00:37:07,871 --> 00:37:10,031 Speaker 1: to look at the ballots from Palm Beach and Miami Dade. 706 00:37:10,551 --> 00:37:14,350 Speaker 8: He never looked at a single ballot. They had been 707 00:37:14,391 --> 00:37:17,111 Speaker 8: brought up there, he had ordered them up. He never 708 00:37:17,151 --> 00:37:17,750 Speaker 8: looked at them. 709 00:37:17,991 --> 00:37:20,350 Speaker 1: Perry Andy thought it was obvious that looking at the 710 00:37:20,391 --> 00:37:22,671 Speaker 1: ballots was the best way to figure out who won 711 00:37:22,710 --> 00:37:26,151 Speaker 1: the election. At one point during the hearing, she and 712 00:37:26,190 --> 00:37:28,671 Speaker 1: one of her colleagues started asking why Gore was only 713 00:37:28,710 --> 00:37:32,151 Speaker 1: seeking manual recounts in two counties rather than the whole state. 714 00:37:32,710 --> 00:37:35,790 Speaker 4: When you have a very close election, you have to 715 00:37:35,911 --> 00:37:38,911 Speaker 4: have a manual review of those ballots in order to 716 00:37:38,911 --> 00:37:39,871 Speaker 4: have an ac retality. 717 00:37:40,351 --> 00:37:43,951 Speaker 8: So why wouldn't that apply to all the other counties, 718 00:37:43,951 --> 00:37:47,950 Speaker 8: at least the punch card counties where there are under 719 00:37:48,031 --> 00:37:51,471 Speaker 8: votes and those votes also haven't been counted, and. 720 00:37:51,431 --> 00:37:55,671 Speaker 23: You've demonstrated that there's legal votes that have not been counted. 721 00:37:56,071 --> 00:37:58,991 Speaker 23: Why would that not exist in other counties? And why 722 00:37:59,031 --> 00:38:02,350 Speaker 23: would this not require, if any judicial relief that be 723 00:38:02,431 --> 00:38:05,431 Speaker 23: applied in a statewide undervote. 724 00:38:05,631 --> 00:38:06,230 Speaker 4: I think there are two. 725 00:38:06,511 --> 00:38:10,031 Speaker 1: Prior to oral arguments, a statewide manual recount wasn't even 726 00:38:10,151 --> 00:38:13,591 Speaker 1: really on the table. Gore had proposed the idea once 727 00:38:13,631 --> 00:38:16,190 Speaker 1: in a televised a dress back in mid November, but 728 00:38:16,230 --> 00:38:19,910 Speaker 1: Bush had promptly rejected it. Now, with just days left 729 00:38:19,951 --> 00:38:23,230 Speaker 1: until the December twelfth Electoral College deadline, it seemed as 730 00:38:23,270 --> 00:38:25,631 Speaker 1: though some members of the Florida Supreme Court thought a 731 00:38:25,671 --> 00:38:29,470 Speaker 1: statewide manual recount was a pretty good idea. Here again 732 00:38:29,591 --> 00:38:30,151 Speaker 1: is Perriente. 733 00:38:31,230 --> 00:38:36,991 Speaker 8: How do you favor three counties with counting under votes 734 00:38:37,750 --> 00:38:40,991 Speaker 8: when you don't do it equally for all counties? 735 00:38:42,710 --> 00:38:45,911 Speaker 1: A statewide manual recount had the potential to be transformative, 736 00:38:46,791 --> 00:38:48,790 Speaker 1: though it was hard to predict how exactly the vote 737 00:38:48,831 --> 00:38:51,871 Speaker 1: total would change. The fact that thousands of discarded ballots 738 00:38:51,951 --> 00:38:54,111 Speaker 1: might now be back in the mix meant that Gore 739 00:38:54,111 --> 00:38:56,790 Speaker 1: would have that many more chances to cut into Bush's lead, 740 00:38:57,471 --> 00:39:00,471 Speaker 1: But not everyone was enthused. Chief Justice Wells had been 741 00:39:00,471 --> 00:39:04,190 Speaker 1: preoccupied with the upcoming deadline for seating Florida's electors, and 742 00:39:04,270 --> 00:39:06,350 Speaker 1: it struck him as lunacy to try to undertake such 743 00:39:06,351 --> 00:39:09,431 Speaker 1: a gargantuan task with so little time left on the clock. 744 00:39:10,871 --> 00:39:15,511 Speaker 2: I think it became pretty obvious the questions that were 745 00:39:15,551 --> 00:39:23,671 Speaker 2: being asked that the December twelfth deadline was not bothering 746 00:39:23,710 --> 00:39:27,071 Speaker 2: some of my colleagues like it was bothering me. 747 00:39:28,071 --> 00:39:31,830 Speaker 1: After oral arguments, as the justices began to conference, peri 748 00:39:31,871 --> 00:39:34,310 Speaker 1: Anti took the position that recounts were clearly needed in 749 00:39:34,351 --> 00:39:37,270 Speaker 1: Palm Beach and Miami Dade, but the only way to 750 00:39:37,311 --> 00:39:39,471 Speaker 1: be fair to every voter in the state, Parentti thought 751 00:39:39,911 --> 00:39:41,991 Speaker 1: was to hand count all the undervotes that had been 752 00:39:41,991 --> 00:39:46,511 Speaker 1: cast across Florida. Some of Perianti's colleagues, including Chief Justice Wells, 753 00:39:46,831 --> 00:39:48,231 Speaker 1: just didn't think that was possible. 754 00:39:48,671 --> 00:39:51,270 Speaker 8: I think there was a belief that there was no 755 00:39:51,391 --> 00:39:59,191 Speaker 8: way that this court could end up ensuring that every 756 00:39:59,270 --> 00:40:02,151 Speaker 8: vote would be counted, that there would always be questions, 757 00:40:02,230 --> 00:40:06,071 Speaker 8: and so it was better at that time to keep 758 00:40:06,071 --> 00:40:11,551 Speaker 8: our hands off and let the controversy because we were 759 00:40:11,671 --> 00:40:15,270 Speaker 8: approaching a time where it was a feeling that Florida's 760 00:40:15,351 --> 00:40:17,951 Speaker 8: vote needed to be counted in the Electoral College, and 761 00:40:18,031 --> 00:40:21,231 Speaker 8: if it lasted much longer, it wouldn't have been. 762 00:40:21,831 --> 00:40:24,991 Speaker 1: Justice Wells had a more fundamental objection as well, in 763 00:40:25,031 --> 00:40:28,230 Speaker 1: erase this impossibly tight there was simply no way to 764 00:40:28,351 --> 00:40:30,310 Speaker 1: arrive at an objectively accurate vote count. 765 00:40:31,031 --> 00:40:37,351 Speaker 2: It become evident to me that we were not going 766 00:40:37,391 --> 00:40:41,551 Speaker 2: to ever get to a point in which the margin 767 00:40:41,631 --> 00:40:46,310 Speaker 2: of victory exceeded the margin of error here to an 768 00:40:46,391 --> 00:40:51,551 Speaker 2: extent that we could refine it by continuing to a 769 00:40:51,750 --> 00:40:54,671 Speaker 2: recount that was so uncertain as to how it was 770 00:40:54,710 --> 00:40:58,471 Speaker 2: going to be done, and so that we had to 771 00:40:58,511 --> 00:41:10,751 Speaker 2: conclude it. 772 00:41:08,551 --> 00:41:08,790 Speaker 27: Well. 773 00:41:08,871 --> 00:41:11,351 Speaker 1: Tensions are high, Questions are being asked, what is the verdict? 774 00:41:11,431 --> 00:41:13,431 Speaker 18: We should find out shortly, we believe. 775 00:41:13,951 --> 00:41:16,511 Speaker 1: On the afternoon of December eighth, the justices of the 776 00:41:16,551 --> 00:41:18,911 Speaker 1: Florida Supreme Court released their decision for. 777 00:41:18,951 --> 00:41:21,470 Speaker 32: A couple of minutes away from hearing from the Florida. 778 00:41:21,111 --> 00:41:22,031 Speaker 19: State Supreme Court. 779 00:41:22,071 --> 00:41:24,431 Speaker 7: The scene there and the steps of the Florida Supreme 780 00:41:24,471 --> 00:41:26,991 Speaker 7: Court in Tallahassee, Florida, we understand. 781 00:41:26,671 --> 00:41:28,671 Speaker 1: The job of relaying into the public fell to the 782 00:41:28,671 --> 00:41:32,351 Speaker 1: court spokesman, Craig Waters. Waters had been summarizing the decisions 783 00:41:32,351 --> 00:41:34,671 Speaker 1: of the court and communicating with the press since early 784 00:41:34,710 --> 00:41:38,190 Speaker 1: in the recount. Whenever reporters saw his podium getting set 785 00:41:38,230 --> 00:41:39,991 Speaker 1: up on the steps of the Supreme Court building, they 786 00:41:40,071 --> 00:41:42,151 Speaker 1: knew he would soon be coming out to deliver some news. 787 00:41:43,071 --> 00:41:45,391 Speaker 1: The crowd of reporters covering the recount had been growing 788 00:41:45,471 --> 00:41:48,190 Speaker 1: so much that with each announcement, Waters was forced to 789 00:41:48,190 --> 00:41:50,111 Speaker 1: move his podium up the steps to make room for 790 00:41:50,190 --> 00:41:53,750 Speaker 1: more spectators. By December eighth, he was perched near the top. 791 00:41:54,031 --> 00:41:57,031 Speaker 7: We could see the state troopers and the court security 792 00:41:57,071 --> 00:42:00,631 Speaker 7: officers in playing clothes. We understand that the court spokesman, 793 00:42:00,750 --> 00:42:02,831 Speaker 7: Craig Waters will be out very very shortly. 794 00:42:03,351 --> 00:42:06,071 Speaker 1: Tensions have been rising throughout Tallahassee for nearly a month 795 00:42:06,111 --> 00:42:08,871 Speaker 1: by this point, and Waters knew that he was about 796 00:42:08,871 --> 00:42:11,310 Speaker 1: to reveal the most paradise i'm shifting news development the 797 00:42:11,351 --> 00:42:12,470 Speaker 1: court had delivered to date. 798 00:42:12,951 --> 00:42:14,591 Speaker 20: It was a frightening thing in a lot of ways. 799 00:42:15,791 --> 00:42:17,950 Speaker 20: When they had offered me the bulletproof vest, I think 800 00:42:17,951 --> 00:42:20,831 Speaker 20: that scared me more than anything else. Did this idea 801 00:42:20,871 --> 00:42:22,671 Speaker 20: I have to wear a bulletproof vest. My god, what's 802 00:42:22,710 --> 00:42:28,471 Speaker 20: going on here? That's not the Tallahassee I know. Hello, 803 00:42:28,991 --> 00:42:29,751 Speaker 20: I'm Craig Waters. 804 00:42:29,791 --> 00:42:33,430 Speaker 6: Spokesman for the Florida Supreme Court. The Court today has 805 00:42:33,471 --> 00:42:35,911 Speaker 6: issued its opinion in the case of Albert Gored Junior 806 00:42:36,391 --> 00:42:38,551 Speaker 6: versus Catherine Harris, George W. 807 00:42:38,631 --> 00:42:39,391 Speaker 22: Bush, and others. 808 00:42:40,230 --> 00:42:41,511 Speaker 6: Paper copies of that opinion. 809 00:42:41,551 --> 00:42:44,190 Speaker 20: I got out onto the to the podium and I 810 00:42:44,230 --> 00:42:46,870 Speaker 20: began reading. I had these lights shining in my face, 811 00:42:46,871 --> 00:42:48,911 Speaker 20: so I couldn't see the crowds very well because I 812 00:42:48,951 --> 00:42:52,871 Speaker 20: was blinded. But there was a large piece of metallic 813 00:42:52,911 --> 00:42:56,471 Speaker 20: equipment nearby that fell over. And the thought that went 814 00:42:56,471 --> 00:42:58,270 Speaker 20: through my head at that particular point in time, is 815 00:42:58,511 --> 00:43:00,031 Speaker 20: my God, there's the bullet. 816 00:43:00,951 --> 00:43:03,911 Speaker 6: By a vote of four to three, the majority of 817 00:43:03,911 --> 00:43:06,151 Speaker 6: the Court has reversed the decision of the Trial Court 818 00:43:06,190 --> 00:43:09,990 Speaker 6: in part. It has further ordered that the Circuit Court 819 00:43:10,190 --> 00:43:13,871 Speaker 6: to the Second Judicial Circuit here in Tallahassee so immediately 820 00:43:13,911 --> 00:43:18,071 Speaker 6: began a manual recount of the approximant of the. 821 00:43:17,991 --> 00:43:21,750 Speaker 1: Approximate Chief Justice Wells had been outvoted. After all the 822 00:43:21,791 --> 00:43:24,950 Speaker 1: confusion and delays in Palm Beach and Miami Dade, every 823 00:43:24,991 --> 00:43:27,431 Speaker 1: county in the state that hadn't already done so was 824 00:43:27,511 --> 00:43:30,031 Speaker 1: now going to recount their undervotes by hand. 825 00:43:30,591 --> 00:43:33,071 Speaker 17: This was an even more to stunning decision than the 826 00:43:33,071 --> 00:43:35,750 Speaker 17: Florida Supreme Court's first in favor of al Gore, and 827 00:43:35,871 --> 00:43:39,391 Speaker 17: it sets into motion a potentially chaotic series of events. 828 00:43:39,471 --> 00:43:42,230 Speaker 19: If you do not like political chaos, it's about time 829 00:43:42,270 --> 00:43:45,510 Speaker 19: to head for the storm seller, because up until about 830 00:43:45,511 --> 00:43:47,951 Speaker 19: a few moments ago, I think most people were expecting 831 00:43:47,951 --> 00:43:50,750 Speaker 19: the Florida Supreme Court to kind of go along with 832 00:43:50,831 --> 00:43:52,830 Speaker 19: Judge Sauls and bring this to an end, and people 833 00:43:52,831 --> 00:43:54,751 Speaker 19: were draft in al Gore's concession speech. 834 00:43:54,871 --> 00:43:57,910 Speaker 3: Those couple of hours today were just positively explosive. There's 835 00:43:57,911 --> 00:44:00,750 Speaker 3: been an enormous shift in the political ground. 836 00:44:00,911 --> 00:44:03,311 Speaker 1: For the Gore team. It was like getting an extra life. 837 00:44:04,351 --> 00:44:06,151 Speaker 1: Here again is Jeremy Bash. 838 00:44:06,391 --> 00:44:10,190 Speaker 15: We were overjoyed, and we had popped the court work 839 00:44:10,230 --> 00:44:13,470 Speaker 15: on some wine and cracked open some beers and we 840 00:44:14,311 --> 00:44:17,151 Speaker 15: had a little celebration there in the law offices that 841 00:44:17,190 --> 00:44:20,111 Speaker 15: we were working out of. This was far beyond what 842 00:44:20,151 --> 00:44:24,431 Speaker 15: we had requested, and it was a massive opportunity for 843 00:44:24,511 --> 00:44:27,151 Speaker 15: us to take a lead in the tallies, which we 844 00:44:27,270 --> 00:44:31,190 Speaker 15: thought would be critical to regaining some of the political 845 00:44:31,230 --> 00:44:33,271 Speaker 15: momentum that we had clearly lost. 846 00:44:33,671 --> 00:44:37,791 Speaker 1: The problem once again was time. The Electoral College deadline 847 00:44:37,791 --> 00:44:40,111 Speaker 1: was now just a few days away, and if it 848 00:44:40,151 --> 00:44:42,390 Speaker 1: started to look like Florida wouldn't be done counting votes 849 00:44:42,391 --> 00:44:45,311 Speaker 1: by then, the Republicans in the state legislature were ready 850 00:44:45,311 --> 00:44:47,551 Speaker 1: and willing to use their power to bring the election 851 00:44:47,671 --> 00:44:50,790 Speaker 1: to an end. As it turned out, they weren't the 852 00:44:50,831 --> 00:45:06,351 Speaker 1: only ones. On the next and final episode of Fiasco, 853 00:45:06,511 --> 00:45:08,991 Speaker 1: the Florida recount heads to the Supreme Court. 854 00:45:09,111 --> 00:45:10,671 Speaker 10: Justice O'Connor s this is a mess. 855 00:45:10,710 --> 00:45:12,470 Speaker 14: We got to stop it now because if we don't 856 00:45:12,471 --> 00:45:13,911 Speaker 14: stop it now, it's going to go on and on, 857 00:45:13,991 --> 00:45:16,830 Speaker 14: and it's going to get worse, and Bush is gonna 858 00:45:16,831 --> 00:45:17,871 Speaker 14: win in the end. Anyways. 859 00:45:20,230 --> 00:45:23,551 Speaker 1: Fiasco is a production of Prolog Projects and it's distributed 860 00:45:23,591 --> 00:45:27,551 Speaker 1: by Pushkin Industries. The show is produced by Andrew Parsons, 861 00:45:27,791 --> 00:45:32,591 Speaker 1: Madeline kaplan Ula Culpa, and me Leon Nafock. Our script 862 00:45:32,710 --> 00:45:36,671 Speaker 1: editor was Daniel Riley. Our editorial consultant was Camilla Hammer, 863 00:45:37,111 --> 00:45:41,071 Speaker 1: and we received additional editorial support from Lisa Chase. Our 864 00:45:41,151 --> 00:45:43,871 Speaker 1: music and score are by Nick Silvester of god Mode, 865 00:45:44,071 --> 00:45:47,991 Speaker 1: with additional music from Alexis Quadrado. Our theme song is 866 00:45:47,991 --> 00:45:51,511 Speaker 1: by Spatial Relations. Our artwork is by Teddy Blanks at 867 00:45:51,591 --> 00:45:56,190 Speaker 1: Chips and y audio mixed by Rob Buyers, Michael Rayphiel 868 00:45:56,311 --> 00:45:59,951 Speaker 1: and Johnny Vince Evans of Final Final V two Special 869 00:45:59,951 --> 00:46:03,671 Speaker 1: Thanks to Luminary for a list of books, articles, and 870 00:46:03,671 --> 00:46:06,750 Speaker 1: documentaries that we relied on in our research. Click the 871 00:46:06,750 --> 00:46:09,951 Speaker 1: link in the show notes. Thanks to c Span and 872 00:46:10,071 --> 00:46:13,591 Speaker 1: NBC News Archive, CNN and Channel twenty, and Palm Beach 873 00:46:13,631 --> 00:46:17,031 Speaker 1: with the archival material you heard in today's show. Thanks 874 00:46:17,031 --> 00:46:17,511 Speaker 1: for listening.