1 00:00:16,311 --> 00:00:25,231 Speaker 1: Pushkin when they had offered me the bulletproof vest I 2 00:00:25,631 --> 00:00:28,311 Speaker 1: think that scared me more than anything else. Dead this 3 00:00:28,391 --> 00:00:30,271 Speaker 1: idea I have to wear a bulletproof vests. My god, 4 00:00:30,351 --> 00:00:33,351 Speaker 1: what's going on here? That's not the tall hassee I know. 5 00:00:38,031 --> 00:00:41,511 Speaker 2: Hey, Fiasco listeners, it's Leon Napok. This is the third 6 00:00:41,551 --> 00:00:44,670 Speaker 2: and a series of bonus episodes featuring standout interviews from 7 00:00:44,671 --> 00:00:47,991 Speaker 2: our season, Bush v. Gore. We're sharing these extras for 8 00:00:48,031 --> 00:00:50,150 Speaker 2: anyone who wants to go deeper into the story of 9 00:00:50,190 --> 00:00:52,510 Speaker 2: the two thousand election and to hear more from the 10 00:00:52,510 --> 00:00:54,871 Speaker 2: central players we spoke to over the course of our 11 00:00:54,911 --> 00:00:58,311 Speaker 2: reporting process. We spent a lot of time this season 12 00:00:58,391 --> 00:01:03,871 Speaker 2: talking to people who live and breathe politics, strategists, advisors, journalists, 13 00:01:03,871 --> 00:01:08,351 Speaker 2: and lawyers. Lots and lots of lawyers. But some of 14 00:01:08,391 --> 00:01:10,631 Speaker 2: the people and institutions that got caught up in the 15 00:01:10,631 --> 00:01:14,551 Speaker 2: Florida recount were not partisan or political at all. In fact, 16 00:01:14,551 --> 00:01:18,071 Speaker 2: they were supposed to be anything But today I wanted 17 00:01:18,111 --> 00:01:20,391 Speaker 2: to share a conversation I had with one such person. 18 00:01:21,471 --> 00:01:24,031 Speaker 1: One of the funny aspects of being the spokesman for 19 00:01:24,071 --> 00:01:27,751 Speaker 1: any institution is generally, if someone is getting credit for something, 20 00:01:27,831 --> 00:01:31,111 Speaker 1: it's not me. It's going to be one of my bosses. 21 00:01:31,391 --> 00:01:34,511 Speaker 2: This is Craig Waters, the former Public Information Officer of 22 00:01:34,551 --> 00:01:37,551 Speaker 2: the Florida Supreme Court, a role he held during the 23 00:01:37,591 --> 00:01:38,591 Speaker 2: two thousand recount. 24 00:01:39,031 --> 00:01:41,591 Speaker 1: But if things aren't going well, if things are controversial, 25 00:01:41,671 --> 00:01:43,431 Speaker 1: or if there's trouble, then I'm the one who has 26 00:01:43,471 --> 00:01:44,511 Speaker 1: to go out and do the talking. 27 00:01:44,991 --> 00:01:48,111 Speaker 2: In two thousand, the Florida Supreme Court became the epicenter 28 00:01:48,151 --> 00:01:50,751 Speaker 2: of the political universe, and it made decisions that were 29 00:01:50,831 --> 00:01:56,311 Speaker 2: hugely consequential and controversial. First, the Court prevented Secretary of 30 00:01:56,311 --> 00:01:59,511 Speaker 2: State Catherine Harris from certifying the results at the usual deadline. 31 00:01:59,951 --> 00:02:02,031 Speaker 2: Then it ruled that Harris had to wait until at 32 00:02:02,071 --> 00:02:05,271 Speaker 2: least November twenty sixth to allow counties to finish their recounts. 33 00:02:05,951 --> 00:02:09,511 Speaker 2: And then on December eighth, the Court shocked just about 34 00:02:09,550 --> 00:02:12,231 Speaker 2: everyone by ordering a statewide manual recount. 35 00:02:12,431 --> 00:02:15,111 Speaker 3: The Circuit Court sall order a manual recount of all 36 00:02:15,191 --> 00:02:19,111 Speaker 3: under votes in any Florida county where such a recount 37 00:02:19,111 --> 00:02:22,751 Speaker 3: has not yet occurred. Because time is of the essence, 38 00:02:23,351 --> 00:02:25,071 Speaker 3: the recount shall commence immediately. 39 00:02:26,111 --> 00:02:28,711 Speaker 2: Waters read summaries of each opinion to the press after 40 00:02:28,751 --> 00:02:32,271 Speaker 2: the Court handed them down, and for each decision, conservative 41 00:02:32,271 --> 00:02:35,791 Speaker 2: pundits and Bush campaign staffers were outraged. They attacked the 42 00:02:35,831 --> 00:02:39,311 Speaker 2: Court as a group of partisan democratic judges. It was 43 00:02:39,351 --> 00:02:42,071 Speaker 2: Craig Waters's job to defend the institution that he believed 44 00:02:42,111 --> 00:02:45,271 Speaker 2: in and to keep the public informed. In the process. 45 00:02:45,551 --> 00:02:48,351 Speaker 2: He became a public figure in his own right. When 46 00:02:48,391 --> 00:02:50,631 Speaker 2: I talked to Waters about what this was like. We 47 00:02:50,711 --> 00:02:53,951 Speaker 2: began in the morning after the two thousand election. Waters 48 00:02:53,951 --> 00:02:56,311 Speaker 2: was staying at a hotel in Orlando, and the next 49 00:02:56,311 --> 00:02:59,471 Speaker 2: morning he went downstairs to check the news. He realized 50 00:02:59,511 --> 00:03:02,271 Speaker 2: pretty quickly that the Florida Supreme Court was probably going 51 00:03:02,311 --> 00:03:02,911 Speaker 2: to be involved. 52 00:03:03,271 --> 00:03:07,191 Speaker 1: I went down to the hotel desk and found stacks 53 00:03:07,231 --> 00:03:11,951 Speaker 1: of the Orlando Sentinel newspaper. All of them would contradictory headlines. 54 00:03:11,991 --> 00:03:14,031 Speaker 1: One said Gore had won, one said Bush had won. 55 00:03:14,071 --> 00:03:17,111 Speaker 1: Another one said too close to call. I couldn't figure 56 00:03:17,111 --> 00:03:17,871 Speaker 1: out what was going on. 57 00:03:17,991 --> 00:03:18,911 Speaker 2: These were different editions. 58 00:03:18,911 --> 00:03:21,031 Speaker 1: These were different editions that had come out at different 59 00:03:21,031 --> 00:03:23,951 Speaker 1: times during the evening. So I went back, and I 60 00:03:23,991 --> 00:03:25,831 Speaker 1: didn't want to call the Chief Justice right then. I 61 00:03:25,911 --> 00:03:29,151 Speaker 1: knew that there was a problem, but I called the 62 00:03:29,191 --> 00:03:32,951 Speaker 1: Associated Press here in Tallahassee they tended to stay on 63 00:03:32,991 --> 00:03:34,911 Speaker 1: top of things. The Associated Press was the biggest of 64 00:03:34,951 --> 00:03:37,711 Speaker 1: all the news organizations at that point in time, and 65 00:03:37,791 --> 00:03:40,191 Speaker 1: they filled me in on what had happened overnight in Florida, 66 00:03:40,271 --> 00:03:43,111 Speaker 1: so I felt I had the latest information. And then 67 00:03:43,151 --> 00:03:45,511 Speaker 1: I called the Chief Justice, who was Charlie Wells at 68 00:03:45,551 --> 00:03:48,311 Speaker 1: the time, and his first words to me were, get 69 00:03:48,351 --> 00:03:49,311 Speaker 1: back here as soon as you can. 70 00:03:49,711 --> 00:03:51,711 Speaker 2: Why did he tell you to get back as soon 71 00:03:51,711 --> 00:03:52,391 Speaker 2: as you could. 72 00:03:52,591 --> 00:03:56,631 Speaker 1: Because crowds at that point were already forming between the 73 00:03:56,671 --> 00:03:59,631 Speaker 1: Florida Supreme Court Building and the Capitol. The Florida Supreme 74 00:03:59,631 --> 00:04:03,111 Speaker 1: Court Building is directly across Duval Street from the Capitol Building, 75 00:04:03,551 --> 00:04:08,071 Speaker 1: and there's a large terraced plaza area between the two buildings, 76 00:04:08,151 --> 00:04:11,751 Speaker 1: and there already were news setting up. There were cameras 77 00:04:11,791 --> 00:04:15,111 Speaker 1: all over the place, There were reporters, some sight seers 78 00:04:15,151 --> 00:04:18,271 Speaker 1: were starting to gather as well. There was a general sense, 79 00:04:18,311 --> 00:04:21,431 Speaker 1: I think, until I asked you, that something was going 80 00:04:21,431 --> 00:04:23,590 Speaker 1: on that was going to involve the city in a 81 00:04:23,591 --> 00:04:23,991 Speaker 1: big way. 82 00:04:24,831 --> 00:04:26,630 Speaker 2: So it was clear to you that the Florida Supreme 83 00:04:26,671 --> 00:04:29,471 Speaker 2: Court would have a role to play in resolving it. 84 00:04:29,471 --> 00:04:32,871 Speaker 1: It wasn't clear at that point it seemed likely. When 85 00:04:32,871 --> 00:04:35,630 Speaker 1: I sat down with Chief Justice Wells when I got back, 86 00:04:35,671 --> 00:04:37,431 Speaker 1: he told me that his hope was that it would 87 00:04:37,431 --> 00:04:41,071 Speaker 1: remain in federal courts, and there was some basis for that. 88 00:04:41,111 --> 00:04:43,111 Speaker 1: I mean, federal laws were involved. 89 00:04:42,951 --> 00:04:45,151 Speaker 2: And the Bush lawyers had filed shot. 90 00:04:45,391 --> 00:04:47,711 Speaker 1: Yeah, the very first lawsuits were filed in the federal court, 91 00:04:47,751 --> 00:04:49,591 Speaker 1: I think because everybody assumed it was going to be 92 00:04:49,631 --> 00:04:53,431 Speaker 1: a federal matter. The problem with that, after you start 93 00:04:53,471 --> 00:04:56,271 Speaker 1: thinking about it, is that the United States has a 94 00:04:56,311 --> 00:05:00,551 Speaker 1: peculiar way of dealing with elections. Under the federal system 95 00:05:00,591 --> 00:05:05,311 Speaker 1: that was established by the founding fathers, the supervision of elections, 96 00:05:05,311 --> 00:05:09,311 Speaker 1: including national elections, was left to the states themselves, and therefore, 97 00:05:09,311 --> 00:05:13,351 Speaker 1: as a matter of state law, the federal courts, when 98 00:05:13,351 --> 00:05:16,591 Speaker 1: they got these first lawsuits, after they realized you know this, 99 00:05:16,791 --> 00:05:19,830 Speaker 1: that the the issues involved too many state law issues, 100 00:05:20,271 --> 00:05:22,071 Speaker 1: began kicking it out and saying, no, you're going to 101 00:05:22,111 --> 00:05:23,991 Speaker 1: have to go to state court on this, because because 102 00:05:24,031 --> 00:05:26,630 Speaker 1: what you're talking about is state laws, not federal law. 103 00:05:27,311 --> 00:05:31,591 Speaker 2: What was the first occasion you had to get up 104 00:05:31,631 --> 00:05:34,231 Speaker 2: in front of the courthouse and address reporters. 105 00:05:34,511 --> 00:05:37,711 Speaker 1: It started very gradually. One of the things that happened 106 00:05:38,351 --> 00:05:41,591 Speaker 1: very early on was that our marshal locked our doors, 107 00:05:42,831 --> 00:05:46,231 Speaker 1: which infuriated me. We've always been an open courthouse and 108 00:05:46,351 --> 00:05:48,431 Speaker 1: I did not like anything that looked like we, you know, 109 00:05:48,511 --> 00:05:51,111 Speaker 1: that we were closing ourselves off. I went to the 110 00:05:51,191 --> 00:05:53,431 Speaker 1: Chief Justice, to Charlie Wells at the time, and said, 111 00:05:53,431 --> 00:05:56,031 Speaker 1: the Marshal just locked the doors, please reverse him immediately. 112 00:05:56,631 --> 00:05:59,111 Speaker 1: But we did have large crowds that were gathering, and 113 00:05:59,151 --> 00:06:01,991 Speaker 1: there were problems inside the Capitol building with the crowds already, 114 00:06:02,071 --> 00:06:04,831 Speaker 1: you know, people getting into public spaces and causing disruptions. 115 00:06:05,391 --> 00:06:08,510 Speaker 1: And Chief Justice Wells was unwilling to countermand the Marshal, 116 00:06:09,231 --> 00:06:11,151 Speaker 1: so he told me right then and there, and this 117 00:06:11,311 --> 00:06:14,231 Speaker 1: was just after the election had happened, he said, well, 118 00:06:14,271 --> 00:06:16,431 Speaker 1: why don't you just go out and talk to people, 119 00:06:16,551 --> 00:06:18,271 Speaker 1: Go out and talk to the press, talk to whoever 120 00:06:19,031 --> 00:06:21,831 Speaker 1: you know. You're our communications director. So I actually started 121 00:06:21,831 --> 00:06:24,511 Speaker 1: just walking out in front on the front steps in 122 00:06:24,591 --> 00:06:27,391 Speaker 1: a very casual way, you know, like you know, the 123 00:06:27,511 --> 00:06:29,471 Speaker 1: people milling, and I'd go up and start talking with 124 00:06:29,511 --> 00:06:30,751 Speaker 1: some of the ones that I knew. I knew a 125 00:06:30,751 --> 00:06:33,071 Speaker 1: lot of the reporters here in town already, and that's 126 00:06:33,111 --> 00:06:36,551 Speaker 1: really how it started me having very informal conversations with 127 00:06:36,591 --> 00:06:39,911 Speaker 1: people outside the building, and as the event progressed, it 128 00:06:39,991 --> 00:06:42,751 Speaker 1: just became more and more formal, and the crowds grew 129 00:06:42,871 --> 00:06:46,231 Speaker 1: more and more large over time, until we reached the 130 00:06:46,231 --> 00:06:49,111 Speaker 1: point where one day there were so many people and 131 00:06:49,151 --> 00:06:52,630 Speaker 1: so many microphones, somebody said, well, let's get a podium, 132 00:06:52,671 --> 00:06:54,751 Speaker 1: so we can put all the microphones on the podium. 133 00:06:54,791 --> 00:06:57,711 Speaker 1: And then the podium came out, and then the podium 134 00:06:57,751 --> 00:07:00,431 Speaker 1: gradually moved up the steps, and then all of a 135 00:07:00,431 --> 00:07:02,831 Speaker 1: sudden there were lights, and then they were putting a 136 00:07:02,831 --> 00:07:06,871 Speaker 1: microphone on my tie. So it evolved pretty. 137 00:07:06,671 --> 00:07:10,031 Speaker 2: Rapidly, and so it's not like you always read decisions. 138 00:07:10,711 --> 00:07:12,871 Speaker 1: We here at the Florida Supreme Court have actually operated 139 00:07:12,951 --> 00:07:14,711 Speaker 1: under a rule for a very long time that the 140 00:07:14,751 --> 00:07:17,991 Speaker 1: opinions of the court speak for themselves. So generally I 141 00:07:18,031 --> 00:07:21,031 Speaker 1: do not comment on the opinions. I certainly don't try 142 00:07:21,031 --> 00:07:24,071 Speaker 1: to interpret what they mean. You find any two attorneys 143 00:07:24,071 --> 00:07:26,391 Speaker 1: and they'll disagree over what any opinion means, because that's 144 00:07:26,391 --> 00:07:30,391 Speaker 1: what attorneys do. But one of the problems we face 145 00:07:30,631 --> 00:07:33,311 Speaker 1: with Bush v. Gore was that we had huge crowds 146 00:07:33,351 --> 00:07:35,951 Speaker 1: of reporters. At the heights of it, we would have 147 00:07:35,991 --> 00:07:39,151 Speaker 1: two or three hundred reporters standing outside the building waiting 148 00:07:39,271 --> 00:07:42,271 Speaker 1: for a decision from the court. Trying to be fair 149 00:07:42,311 --> 00:07:45,871 Speaker 1: to two or three hundred people is very difficult. If 150 00:07:45,911 --> 00:07:48,431 Speaker 1: you start releasing paper opinions, someone's going to be first 151 00:07:48,471 --> 00:07:50,071 Speaker 1: in line and someone's going to be last in line, 152 00:07:50,071 --> 00:07:51,951 Speaker 1: and of course the people who are last in line 153 00:07:51,951 --> 00:07:54,551 Speaker 1: are going to be very unhappy with that situation. We 154 00:07:54,591 --> 00:07:57,311 Speaker 1: didn't have social media at the time. Today I could 155 00:07:57,391 --> 00:07:59,351 Speaker 1: do the same thing on Twitter, but I didn't have 156 00:07:59,391 --> 00:08:02,751 Speaker 1: Twitter back then. So what happened when we began to 157 00:08:02,791 --> 00:08:05,591 Speaker 1: realize what a big controversy Bush v. Gore was going 158 00:08:05,631 --> 00:08:10,031 Speaker 1: to become. I sat down with the on site assignment 159 00:08:10,671 --> 00:08:13,711 Speaker 1: editors of all the big TV networks that were here 160 00:08:13,711 --> 00:08:17,191 Speaker 1: in Tallahassee. And it was not just the American networks. 161 00:08:17,231 --> 00:08:20,631 Speaker 1: There was also some foreign networks as well, and I 162 00:08:20,671 --> 00:08:22,511 Speaker 1: had a big powwow, and I said, what could we 163 00:08:22,551 --> 00:08:25,351 Speaker 1: do that's going to make this fairer? What's going to 164 00:08:25,391 --> 00:08:28,631 Speaker 1: work best for you? And the consensus that they reached 165 00:08:28,831 --> 00:08:31,671 Speaker 1: was they needed someone to come out and just read 166 00:08:31,831 --> 00:08:35,111 Speaker 1: a brief, bottom line announcement of what each decision meant 167 00:08:35,511 --> 00:08:38,511 Speaker 1: when there was a major decision coming out of the court, 168 00:08:39,111 --> 00:08:42,071 Speaker 1: and they wanted thirty minutes notice so that they would 169 00:08:42,111 --> 00:08:44,271 Speaker 1: have time to break into programming because this was going 170 00:08:44,310 --> 00:08:47,310 Speaker 1: to go live worldwide. And they agreed that I did 171 00:08:47,351 --> 00:08:49,551 Speaker 1: not have to take questions and answers because I think 172 00:08:49,550 --> 00:08:51,751 Speaker 1: the Court would not have agreed to that. The justices 173 00:08:51,751 --> 00:08:52,551 Speaker 1: would not have liked that. 174 00:08:53,950 --> 00:08:56,590 Speaker 2: What did it feel like delivering that summary? It was 175 00:08:56,670 --> 00:08:59,550 Speaker 2: like a you know, as a private citizen terned oracle. 176 00:09:00,550 --> 00:09:04,190 Speaker 1: Well, it was very surreal to see the process. I 177 00:09:04,231 --> 00:09:06,391 Speaker 1: mean because I was really, as I said, I was 178 00:09:06,430 --> 00:09:08,670 Speaker 1: going out and just talking with people casually, like I'm 179 00:09:08,710 --> 00:09:11,151 Speaker 1: talking to you right now. And it had been and 180 00:09:11,670 --> 00:09:14,111 Speaker 1: you know, all of a sudden, when when that order 181 00:09:14,151 --> 00:09:15,830 Speaker 1: came out and there were all these people and all 182 00:09:15,871 --> 00:09:18,550 Speaker 1: these microphones, all of a sudden, that changed. Everything had 183 00:09:18,590 --> 00:09:21,910 Speaker 1: to become more formal, It had to become a much 184 00:09:21,950 --> 00:09:25,910 Speaker 1: more predictable process. The crowds were larger, the security presence 185 00:09:25,991 --> 00:09:28,831 Speaker 1: grew all of a sudden. I had armed police officers 186 00:09:28,950 --> 00:09:32,991 Speaker 1: around me at all the all times. And it was 187 00:09:33,391 --> 00:09:37,190 Speaker 1: very strange to go from this role that I had had, 188 00:09:37,991 --> 00:09:40,431 Speaker 1: which was very much a behind the scenes role to 189 00:09:40,550 --> 00:09:43,271 Speaker 1: all of a sudden, I'm the guy out front, and 190 00:09:43,310 --> 00:09:46,871 Speaker 1: it was very strange to watch that process happen, and 191 00:09:47,190 --> 00:09:49,871 Speaker 1: you know, to understand the in real time, the logic 192 00:09:49,950 --> 00:09:51,151 Speaker 1: of why it was happening. 193 00:09:51,351 --> 00:09:51,751 Speaker 2: What do you mean? 194 00:09:52,310 --> 00:09:54,591 Speaker 1: We were very accustomed to openness here, We were very 195 00:09:54,590 --> 00:09:59,391 Speaker 1: accustomed to being welcoming to people. We had a Southern 196 00:09:59,471 --> 00:10:02,830 Speaker 1: y all comattitude. Tallahassee is a very small town. Everybody 197 00:10:02,830 --> 00:10:05,310 Speaker 1: knows everybody. Everybody in the press knows everybody. I mean, 198 00:10:05,391 --> 00:10:07,750 Speaker 1: I know everybody in the press here, and it's been 199 00:10:07,751 --> 00:10:10,030 Speaker 1: that way for a long time. But all of a sudden, 200 00:10:10,111 --> 00:10:13,151 Speaker 1: and we had these newcomers coming in from out of town. 201 00:10:13,670 --> 00:10:16,751 Speaker 1: Initially at the very beginning phases, if I had a 202 00:10:16,751 --> 00:10:19,550 Speaker 1: reporter from New York City saying, well, I don't understand 203 00:10:20,030 --> 00:10:22,790 Speaker 1: how you do these things, I could say, well, there's 204 00:10:22,871 --> 00:10:25,190 Speaker 1: Lucy Morgan from the Saint Pete Times. Go talk to hers. 205 00:10:25,190 --> 00:10:28,790 Speaker 1: She'll explain it to you. But once you start getting 206 00:10:28,871 --> 00:10:30,670 Speaker 1: larger and larger crowds, you can't do that kind of 207 00:10:30,670 --> 00:10:32,670 Speaker 1: thing anymore. So I had to start trying to figure 208 00:10:32,670 --> 00:10:36,151 Speaker 1: out how to get that information across myself, and all 209 00:10:36,190 --> 00:10:38,431 Speaker 1: of a sudden. I was having to have meetings with 210 00:10:39,111 --> 00:10:43,271 Speaker 1: the Capitol Police, Florida Highway Patrol, Florida Department of Law Enforcement, 211 00:10:43,391 --> 00:10:46,910 Speaker 1: City of Tallahassee Police Department, Leon County Sheriff's Office. All 212 00:10:46,950 --> 00:10:50,110 Speaker 1: these people were coming in because they had concurrent jurisdiction 213 00:10:50,190 --> 00:10:53,111 Speaker 1: over the areas where the crowds were forming, and so 214 00:10:53,231 --> 00:10:55,351 Speaker 1: they had to be brought in and consulted on everything 215 00:10:55,351 --> 00:10:59,471 Speaker 1: I did. The crowds were later would become enormous. 216 00:11:00,151 --> 00:11:02,871 Speaker 2: More of my conversation with Craig Waters after the break. 217 00:11:07,710 --> 00:11:11,710 Speaker 2: I suppose it was when the Florida Spreme Court ruled 218 00:11:12,030 --> 00:11:17,711 Speaker 2: to extend the certification deadline to the twenty sixth that people, 219 00:11:17,950 --> 00:11:21,831 Speaker 2: perhaps on the Bush side, started to really see the 220 00:11:21,871 --> 00:11:25,070 Speaker 2: institution as being against them. And is that when you 221 00:11:25,111 --> 00:11:27,631 Speaker 2: started getting threats and stuff like that? 222 00:11:28,310 --> 00:11:31,831 Speaker 1: From my perspective, After the issuance of that particular opinion 223 00:11:31,950 --> 00:11:35,711 Speaker 1: on November twenty first, that was when the spin began 224 00:11:36,590 --> 00:11:40,551 Speaker 1: to try to portray the Florida Supreme Court as being 225 00:11:40,790 --> 00:11:43,910 Speaker 1: biased toward the Democratic side. I'm sure that was driven 226 00:11:43,950 --> 00:11:47,111 Speaker 1: by some sense of fear. You don't launch that kind 227 00:11:47,111 --> 00:11:49,751 Speaker 1: of elaborate public relations effort without some reason. 228 00:11:50,030 --> 00:11:50,950 Speaker 2: What do they do exactly. 229 00:11:52,271 --> 00:11:55,430 Speaker 1: That was when I began noticing people going on television 230 00:11:55,550 --> 00:11:59,790 Speaker 1: and really criticizing the Florida Supreme Court. And it was 231 00:11:59,871 --> 00:12:01,990 Speaker 1: very interesting here from the perspective at the Florida Supreme 232 00:12:02,030 --> 00:12:05,030 Speaker 1: Court because directly across the street, on the terraces of 233 00:12:05,030 --> 00:12:07,230 Speaker 1: the Capitol building, that was where the press had pitched 234 00:12:07,231 --> 00:12:10,631 Speaker 1: their tents. Literally, there are all these white tents, and 235 00:12:10,670 --> 00:12:13,471 Speaker 1: every major news organization had a white tint. My office 236 00:12:13,471 --> 00:12:15,751 Speaker 1: actually looks out over that area, and I could see 237 00:12:15,790 --> 00:12:20,950 Speaker 1: all of these very major political figures going from tent 238 00:12:21,151 --> 00:12:25,551 Speaker 1: to tent to tent to tent doing interviews. Then I 239 00:12:25,590 --> 00:12:27,950 Speaker 1: could watch what they were saying on television, and they 240 00:12:28,790 --> 00:12:32,550 Speaker 1: were conducting spin against the Florida Supreme Court. I, of course, 241 00:12:32,590 --> 00:12:34,910 Speaker 1: I was trying to do media interviews as well to 242 00:12:34,950 --> 00:12:37,751 Speaker 1: get as much good information as I could. During that 243 00:12:37,830 --> 00:12:44,311 Speaker 1: particular point in time that I was contacted by a 244 00:12:44,351 --> 00:12:46,590 Speaker 1: television news program that I did not know that much 245 00:12:46,590 --> 00:12:49,391 Speaker 1: about at the time. If I recall correctly, it was 246 00:12:49,430 --> 00:12:53,910 Speaker 1: called Hannity and Colmbs. I actually got into this interview 247 00:12:53,950 --> 00:12:59,590 Speaker 1: and realized that the other person on the other end 248 00:12:59,710 --> 00:13:02,471 Speaker 1: of the interview was someone I also had never heard 249 00:13:02,511 --> 00:13:06,190 Speaker 1: of whose name was Anne Colter, and she launched into 250 00:13:06,190 --> 00:13:10,150 Speaker 1: a tirade against the Florida Supreme Court. I was particularly 251 00:13:10,190 --> 00:13:14,231 Speaker 1: irritated with that because Sean Hannity's people had told me 252 00:13:14,271 --> 00:13:17,391 Speaker 1: they only wanted me to come and talk about procedural matters, 253 00:13:17,391 --> 00:13:20,271 Speaker 1: which is really all I'm qualified to talk about, And 254 00:13:20,710 --> 00:13:22,550 Speaker 1: all of a sudden, there was Anne Culter trying to 255 00:13:22,631 --> 00:13:26,631 Speaker 1: debate me about the merits of Florida Supreme Court opinions. 256 00:13:27,111 --> 00:13:29,991 Speaker 1: So I literally ended up saying over and over and 257 00:13:30,030 --> 00:13:33,550 Speaker 1: over again to Sean Hannity that his people had asked 258 00:13:33,550 --> 00:13:36,950 Speaker 1: me to appear only for procedural issues, and that they 259 00:13:36,991 --> 00:13:40,430 Speaker 1: had apparently brought me under this interview under false pretenses. 260 00:13:41,550 --> 00:13:44,310 Speaker 1: That was probably one of the most vivid examples of 261 00:13:44,351 --> 00:13:46,511 Speaker 1: the spin that I encountered. 262 00:13:47,751 --> 00:13:51,511 Speaker 2: Was it accompanied by personal attacks on you Outside the 263 00:13:51,511 --> 00:13:53,071 Speaker 2: media I managed. 264 00:13:53,511 --> 00:13:55,910 Speaker 1: There were two public email accounts. They were the email 265 00:13:55,910 --> 00:13:58,191 Speaker 1: accounts that were listed on most of the web pages 266 00:13:58,231 --> 00:14:00,711 Speaker 1: of the Florida Supreme Court. So we started getting tens 267 00:14:00,710 --> 00:14:03,231 Speaker 1: of thousands of emails. I couldn't even go through all 268 00:14:03,271 --> 00:14:06,151 Speaker 1: the emails. You know, some of them really were personal attacks, 269 00:14:06,830 --> 00:14:09,951 Speaker 1: and if you read them, you would begin to realize that. 270 00:14:10,030 --> 00:14:13,231 Speaker 1: But these people were extremely confused about the process. Many 271 00:14:13,271 --> 00:14:14,991 Speaker 1: of them thought that I was the one who was 272 00:14:15,190 --> 00:14:17,670 Speaker 1: personally making the decisions that I was announcing on the 273 00:14:17,710 --> 00:14:20,591 Speaker 1: steps of the Florida Supreme Court, and then they would 274 00:14:21,511 --> 00:14:25,350 Speaker 1: treat me accordingly. And some of it was very vulgar 275 00:14:25,471 --> 00:14:27,990 Speaker 1: and some of it was threatening. We handed some of 276 00:14:28,031 --> 00:14:30,671 Speaker 1: it over to law enforcement because of the threatening nature. 277 00:14:31,111 --> 00:14:33,271 Speaker 1: I didn't want to get a pulled in that direction 278 00:14:34,031 --> 00:14:35,551 Speaker 1: at that point in time. I had too many other 279 00:14:36,391 --> 00:14:38,631 Speaker 1: pots on the stove at that point, and so I 280 00:14:38,631 --> 00:14:41,951 Speaker 1: actually stopped even opening those email accounts at some point 281 00:14:41,991 --> 00:14:43,991 Speaker 1: because it just was too much of a distraction. 282 00:14:43,671 --> 00:14:45,311 Speaker 2: And repe were calling your cell phone that you had 283 00:14:45,431 --> 00:14:46,111 Speaker 2: posted online. 284 00:14:46,271 --> 00:14:48,151 Speaker 1: Yeah, the cell phone we ended up just turning off. 285 00:14:48,191 --> 00:14:50,311 Speaker 1: It became useless. I got another cell phone during that 286 00:14:50,311 --> 00:14:53,071 Speaker 1: period of time and we started using that, and my 287 00:14:53,191 --> 00:14:56,271 Speaker 1: office phone number also became unusable. I'd also put that 288 00:14:56,351 --> 00:14:59,471 Speaker 1: on the web page when I first put put that 289 00:14:59,511 --> 00:15:01,511 Speaker 1: out there. We actually tried for a while to bring 290 00:15:01,551 --> 00:15:04,311 Speaker 1: in staff to answer my phone because it was ringing constantly, 291 00:15:04,830 --> 00:15:06,751 Speaker 1: and then we finally just gave up on that and 292 00:15:06,911 --> 00:15:09,511 Speaker 1: just turned We unplugged the phone and let it go 293 00:15:09,751 --> 00:15:12,830 Speaker 1: all good a voicemail. Of course, the voicemail quickly filled up. 294 00:15:13,071 --> 00:15:14,791 Speaker 2: There was such a novel experience. I mean, I know 295 00:15:14,830 --> 00:15:16,791 Speaker 2: this happens all the time now to people who are 296 00:15:16,911 --> 00:15:19,111 Speaker 2: in the middle of the news, but to like just 297 00:15:19,151 --> 00:15:20,951 Speaker 2: be on the receiving end of such easy like the 298 00:15:21,791 --> 00:15:23,911 Speaker 2: the barrier to entry on that communication for the people 299 00:15:23,951 --> 00:15:27,031 Speaker 2: who were contacting you were so low. It had been higher, 300 00:15:27,111 --> 00:15:29,751 Speaker 2: like even quite recently in history. 301 00:15:30,830 --> 00:15:32,831 Speaker 1: It was certainly my first encounter with this sort of 302 00:15:33,590 --> 00:15:35,991 Speaker 1: twenty four hour news phenomenon that can take someone who's 303 00:15:36,071 --> 00:15:38,471 Speaker 1: unknown and turned them into a household name overnight. 304 00:15:39,791 --> 00:15:40,551 Speaker 2: Is what happened to you. 305 00:15:40,710 --> 00:15:44,110 Speaker 1: I mean, it is very much. It was amazing to watch, 306 00:15:44,111 --> 00:15:48,271 Speaker 1: and it wasn't something that I liked. Even for a 307 00:15:48,271 --> 00:15:50,511 Speaker 1: period of about six months after it was over. People 308 00:15:50,511 --> 00:15:53,071 Speaker 1: would stop and point and stare at me in airports. 309 00:15:53,671 --> 00:16:00,151 Speaker 2: Did you feel compelled to undermine the perception that the 310 00:16:00,191 --> 00:16:03,191 Speaker 2: Florida Supreme Court was biased towards gloor in your self presentation, 311 00:16:03,911 --> 00:16:07,311 Speaker 2: especially when you were actually giving those reading those orders 312 00:16:07,351 --> 00:16:08,871 Speaker 2: and reading those decisions. 313 00:16:09,671 --> 00:16:13,191 Speaker 1: The first episode of that where the optics played a 314 00:16:13,311 --> 00:16:16,551 Speaker 1: major role in a decision I made was right before 315 00:16:17,031 --> 00:16:20,830 Speaker 1: I went out to make the December eighth announcement about 316 00:16:20,830 --> 00:16:24,271 Speaker 1: the statewide recount. Enormous crowds had formed outside and they 317 00:16:24,271 --> 00:16:27,311 Speaker 1: were quite boisterous. The police were very concerned. I was 318 00:16:27,351 --> 00:16:30,511 Speaker 1: inside the rotun to the building. The building was closed, 319 00:16:30,511 --> 00:16:32,590 Speaker 1: of course, and there was no one in the rotunda 320 00:16:32,631 --> 00:16:36,191 Speaker 1: area except me in the law enforcement. I was there 321 00:16:36,231 --> 00:16:38,830 Speaker 1: with my prepared statement and was getting ready, and one 322 00:16:38,911 --> 00:16:41,711 Speaker 1: of the law enforcement officers came up and said, we 323 00:16:41,791 --> 00:16:44,471 Speaker 1: have a bulletproof vest for you, and we would really 324 00:16:44,511 --> 00:16:48,471 Speaker 1: like you to wear this because we're concerned. And the 325 00:16:48,551 --> 00:16:52,071 Speaker 1: thing that flashed into my head was something I remembered. 326 00:16:52,471 --> 00:16:55,230 Speaker 1: I've always been something of a student of public relations, 327 00:16:55,751 --> 00:16:59,951 Speaker 1: and I remember back when Hillary Clinton was working for 328 00:17:00,071 --> 00:17:02,991 Speaker 1: her husband, who was president at the time, on his 329 00:17:03,071 --> 00:17:06,951 Speaker 1: healthcare initiative, which had become very controversial, and she was 330 00:17:06,991 --> 00:17:11,390 Speaker 1: going to an airport and she was television cameras were 331 00:17:11,431 --> 00:17:14,271 Speaker 1: following her, and there was an image of her walking 332 00:17:14,311 --> 00:17:17,311 Speaker 1: through this airport wearing a bulletproof veest and she looked 333 00:17:17,311 --> 00:17:21,551 Speaker 1: scared and mistrustful and afraid. That was the image that 334 00:17:21,590 --> 00:17:23,470 Speaker 1: popped into my mind, and that was the image that 335 00:17:23,511 --> 00:17:27,391 Speaker 1: I did not want to project, and thinking of the optics. 336 00:17:27,431 --> 00:17:30,031 Speaker 1: I decided not to wear the bulletproof fest. I just 337 00:17:30,071 --> 00:17:33,510 Speaker 1: thought that was completely the wrong image to project at 338 00:17:33,511 --> 00:17:34,631 Speaker 1: that particular point in time. 339 00:17:34,671 --> 00:17:36,031 Speaker 2: Well would have projected, it. 340 00:17:36,031 --> 00:17:38,670 Speaker 1: Would have projected closure. Fear. 341 00:17:39,471 --> 00:17:43,951 Speaker 2: Mistrust was the reason that they proposed the bulletproof fest. 342 00:17:44,191 --> 00:17:47,791 Speaker 2: That they understood that substance of a decision would be 343 00:17:47,830 --> 00:17:48,590 Speaker 2: so provocative. 344 00:17:48,830 --> 00:17:52,190 Speaker 1: The problem wasn't, really, I think, so much the nature 345 00:17:52,231 --> 00:17:54,951 Speaker 1: of the decision, because the whole thing had been controversial. 346 00:17:55,350 --> 00:17:58,071 Speaker 1: The problem was that the crowds were so large. The 347 00:17:58,110 --> 00:18:01,551 Speaker 1: streets were absolutely jam packed. The area between here and 348 00:18:01,590 --> 00:18:04,430 Speaker 1: the Capitol was full of people. They didn't tell me 349 00:18:04,471 --> 00:18:07,071 Speaker 1: at the time, but thank god they didn't tell me 350 00:18:07,071 --> 00:18:09,110 Speaker 1: they were actually police snipers on the roofs of nearby 351 00:18:09,150 --> 00:18:11,711 Speaker 1: buildings while I was out there for my minute in 352 00:18:11,751 --> 00:18:14,870 Speaker 1: forty five seconds making the announcement. Someone later showed me 353 00:18:14,911 --> 00:18:17,311 Speaker 1: photographs that were taken from the top of the Capitol, 354 00:18:17,311 --> 00:18:20,151 Speaker 1: which is twenty two stories and you can clearly see 355 00:18:20,150 --> 00:18:22,951 Speaker 1: a police sniper laying on his stomach on the roof 356 00:18:22,951 --> 00:18:25,311 Speaker 1: of City Hall, just a block away from where I 357 00:18:25,471 --> 00:18:26,830 Speaker 1: was making the announcement. 358 00:18:26,991 --> 00:18:28,671 Speaker 2: Is it because they were getting threat threats? 359 00:18:29,191 --> 00:18:31,670 Speaker 1: There were threats coming into all different places, the email 360 00:18:31,671 --> 00:18:34,471 Speaker 1: threats that I've already told you about, threats to different offices. 361 00:18:34,671 --> 00:18:37,870 Speaker 1: I know Catherine Harris was getting some serious threats. So 362 00:18:37,991 --> 00:18:41,910 Speaker 1: the general atmosphere among those of us who were the 363 00:18:41,911 --> 00:18:44,870 Speaker 1: public figures in mass you know, was we understood that 364 00:18:45,271 --> 00:18:48,150 Speaker 1: there were crazy people who had become obsessed with this 365 00:18:48,191 --> 00:18:48,911 Speaker 1: particular event. 366 00:18:49,791 --> 00:18:53,910 Speaker 2: You stipulated that you didn't want to project fear or mistrust. 367 00:18:54,311 --> 00:18:56,630 Speaker 2: Did you feel it? Did you feel fear? 368 00:18:57,830 --> 00:18:59,470 Speaker 1: It was a frightening thing in a lot of ways 369 00:19:01,150 --> 00:19:04,431 Speaker 1: going out onto the steps, particularly that evening in December eighth, 370 00:19:04,671 --> 00:19:07,751 Speaker 1: when they had offered me the bulletproof vest. I think 371 00:19:07,751 --> 00:19:10,630 Speaker 1: that scared me more than anything else. Dead this idea 372 00:19:10,671 --> 00:19:12,471 Speaker 1: I have to wear a bulletproof vests. My god, what's 373 00:19:12,511 --> 00:19:16,151 Speaker 1: going on here? That's not the Tallahassee, I know. And 374 00:19:16,911 --> 00:19:19,590 Speaker 1: there was a moment I got out onto the you know, 375 00:19:19,911 --> 00:19:22,271 Speaker 1: to the podium, and I began reading. I had these 376 00:19:22,311 --> 00:19:24,110 Speaker 1: lights shining in my face, so I couldn't see the 377 00:19:24,110 --> 00:19:27,991 Speaker 1: crowds very well because I was blinded, and there was 378 00:19:28,191 --> 00:19:31,551 Speaker 1: a large piece of metallic equipment nearby that fell over. 379 00:19:32,191 --> 00:19:34,110 Speaker 1: And the thought that went through my head at that 380 00:19:34,150 --> 00:19:36,950 Speaker 1: particular point in time is my God, there's the bullet, 381 00:19:37,671 --> 00:19:39,470 Speaker 1: you know. But I just at that point, I just 382 00:19:39,551 --> 00:19:42,710 Speaker 1: kept reading and kept thinking of, well, if I can 383 00:19:42,751 --> 00:19:45,390 Speaker 1: get through this, it's a minute in forty five seconds, 384 00:19:45,991 --> 00:19:49,390 Speaker 1: then I'm okay. It was frightening in a lot of ways, 385 00:19:49,630 --> 00:19:52,271 Speaker 1: but it was something that I also knew that needed 386 00:19:52,271 --> 00:19:53,471 Speaker 1: to be done and had to be done. 387 00:19:54,511 --> 00:19:57,271 Speaker 2: I know that you are not, in fact the embodiment 388 00:19:57,311 --> 00:19:58,630 Speaker 2: of the Florida Stroom Court, and I know that you 389 00:19:58,630 --> 00:20:01,031 Speaker 2: don't identify with it necessarily as if it's views and 390 00:20:01,031 --> 00:20:04,751 Speaker 2: it's rulings are yours. But to the extent that you 391 00:20:04,830 --> 00:20:06,991 Speaker 2: do work here, to the extent that you were the 392 00:20:07,071 --> 00:20:10,431 Speaker 2: voice of it, did you have any feelings in response 393 00:20:10,511 --> 00:20:13,910 Speaker 2: to the US Supreme Court issuing a stay and ending 394 00:20:13,911 --> 00:20:17,711 Speaker 2: the thing that the Florida Supreme Court had ordered to begin? 395 00:20:18,590 --> 00:20:22,271 Speaker 1: When the U. S. Supreme Court issued its stay and 396 00:20:22,350 --> 00:20:25,071 Speaker 1: the arguments that followed, I really got the impression that 397 00:20:25,110 --> 00:20:27,031 Speaker 1: the US Supreme Court had been listening to the press 398 00:20:27,071 --> 00:20:30,950 Speaker 1: too much, and to the spin machine in particular. I knew, 399 00:20:30,991 --> 00:20:33,391 Speaker 1: because of the thirteen years I'd worked here that what 400 00:20:33,431 --> 00:20:36,511 Speaker 1: the Florida Supreme Court was trying to do was apply 401 00:20:37,551 --> 00:20:40,431 Speaker 1: precedent that was more than a century old about how 402 00:20:40,471 --> 00:20:44,111 Speaker 1: you count disputed votes in Florida that got lost when 403 00:20:44,150 --> 00:20:47,711 Speaker 1: the spin machine took over, and instead the spin machine 404 00:20:47,751 --> 00:20:52,111 Speaker 1: was portraying the Florida Supreme Court as this out of control, 405 00:20:52,271 --> 00:20:55,910 Speaker 1: runaway body that was trying to throw the election. And 406 00:20:56,071 --> 00:20:59,351 Speaker 1: I knew that was not true. And I really feel 407 00:20:59,390 --> 00:21:04,190 Speaker 1: like that that impression succeeded to some extent and that 408 00:21:04,271 --> 00:21:08,230 Speaker 1: it did have some influence on the role the U. S. 409 00:21:08,231 --> 00:21:11,350 Speaker 1: Supreme Court later took. I think the US Supreme Court 410 00:21:12,150 --> 00:21:14,950 Speaker 1: to a degree came to believe that the Florida Supreme 411 00:21:14,991 --> 00:21:16,031 Speaker 1: Court was out of control. 412 00:21:16,951 --> 00:21:18,991 Speaker 2: There was even a specific thing I remember reading somewhere 413 00:21:18,991 --> 00:21:21,590 Speaker 2: that like I think it wasist. Rnquist had a problem 414 00:21:21,590 --> 00:21:22,391 Speaker 2: with you being. 415 00:21:22,511 --> 00:21:23,071 Speaker 1: Yes, you did. 416 00:21:24,191 --> 00:21:28,151 Speaker 2: That's been quite personal or not, you know, personal. 417 00:21:27,870 --> 00:21:30,711 Speaker 1: But well, David Kaplan in his book The Accidental President, 418 00:21:30,751 --> 00:21:34,071 Speaker 1: actually wrote about it. Renquist apparently did think it was 419 00:21:34,630 --> 00:21:38,110 Speaker 1: it was an improper thing for a court to have 420 00:21:38,231 --> 00:21:41,431 Speaker 1: someone go out and make announcements about what was happening. 421 00:21:42,191 --> 00:21:44,950 Speaker 1: I don't think that that was the correct view. It 422 00:21:44,951 --> 00:21:47,910 Speaker 1: certainly is not the view that has been endorsed by history. 423 00:21:48,431 --> 00:21:50,830 Speaker 1: Every court in the nation with the possible exception still 424 00:21:50,830 --> 00:21:54,350 Speaker 1: of the US Supreme Court does what the Florida Supreme 425 00:21:54,350 --> 00:21:58,271 Speaker 1: Court was pioneering back then, and the scenes at the 426 00:21:58,350 --> 00:22:01,631 Speaker 1: US Supreme Court where they were handing out paper copies 427 00:22:01,671 --> 00:22:05,110 Speaker 1: and you had reporters crawling over each other trying to 428 00:22:05,110 --> 00:22:09,271 Speaker 1: get copies and then running back to television cameras flipping 429 00:22:09,271 --> 00:22:13,271 Speaker 1: through pages trying to find that one key sentence. It 430 00:22:13,311 --> 00:22:16,791 Speaker 1: was chaos. It created a horrible impression here at the 431 00:22:16,791 --> 00:22:19,870 Speaker 1: Florida Supreme Court. We avoided that by having me go 432 00:22:19,911 --> 00:22:23,470 Speaker 1: out on the steps and read a simple statement that 433 00:22:23,590 --> 00:22:24,910 Speaker 1: was usually no more than two minutes. 434 00:22:31,191 --> 00:22:34,991 Speaker 2: Thanks for listening to this special episode of Fiasco. Fiasco 435 00:22:35,150 --> 00:22:38,390 Speaker 2: Bush v. Gore is produced by Prolog Projects and distributed 436 00:22:38,390 --> 00:22:41,751 Speaker 2: by Pushkin Industries. The show is produced by Madelin Kaplan, 437 00:22:41,951 --> 00:22:45,830 Speaker 2: Lulla Culpa, Andrew Parsons, and me Leon Nathock. We had 438 00:22:45,830 --> 00:22:50,110 Speaker 2: additional editorial support from Lisa Chase and Daniel Riley. Thanks 439 00:22:50,110 --> 00:22:51,511 Speaker 2: for listening. See you next week.