WEBVTT - Bush v. Gore: Bonus - Information Wars

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<v Speaker 1>Pushkin when they had offered me the bulletproof vest I

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<v Speaker 1>think that scared me more than anything else. Dead this

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<v Speaker 1>idea I have to wear a bulletproof vests. My god,

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<v Speaker 1>what's going on here? That's not the tall hassee I know.

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<v Speaker 2>Hey, Fiasco listeners, it's Leon Napok. This is the third

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<v Speaker 2>and a series of bonus episodes featuring standout interviews from

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<v Speaker 2>our season, Bush v. Gore. We're sharing these extras for

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<v Speaker 2>anyone who wants to go deeper into the story of

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<v Speaker 2>the two thousand election and to hear more from the

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<v Speaker 2>central players we spoke to over the course of our

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<v Speaker 2>reporting process. We spent a lot of time this season

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<v Speaker 2>talking to people who live and breathe politics, strategists, advisors, journalists,

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<v Speaker 2>and lawyers. Lots and lots of lawyers. But some of

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<v Speaker 2>the people and institutions that got caught up in the

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<v Speaker 2>Florida recount were not partisan or political at all. In fact,

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<v Speaker 2>they were supposed to be anything But today I wanted

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<v Speaker 2>to share a conversation I had with one such person.

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<v Speaker 1>One of the funny aspects of being the spokesman for

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<v Speaker 1>any institution is generally, if someone is getting credit for something,

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<v Speaker 1>it's not me. It's going to be one of my bosses.

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<v Speaker 2>This is Craig Waters, the former Public Information Officer of

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<v Speaker 2>the Florida Supreme Court, a role he held during the

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<v Speaker 2>two thousand recount.

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<v Speaker 1>But if things aren't going well, if things are controversial,

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<v Speaker 1>or if there's trouble, then I'm the one who has

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<v Speaker 1>to go out and do the talking.

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<v Speaker 2>In two thousand, the Florida Supreme Court became the epicenter

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<v Speaker 2>of the political universe, and it made decisions that were

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<v Speaker 2>hugely consequential and controversial. First, the Court prevented Secretary of

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<v Speaker 2>State Catherine Harris from certifying the results at the usual deadline.

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<v Speaker 2>Then it ruled that Harris had to wait until at

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<v Speaker 2>least November twenty sixth to allow counties to finish their recounts.

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<v Speaker 2>And then on December eighth, the Court shocked just about

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<v Speaker 2>everyone by ordering a statewide manual recount.

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<v Speaker 3>The Circuit Court sall order a manual recount of all

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<v Speaker 3>under votes in any Florida county where such a recount

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<v Speaker 3>has not yet occurred. Because time is of the essence,

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<v Speaker 3>the recount shall commence immediately.

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<v Speaker 2>Waters read summaries of each opinion to the press after

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<v Speaker 2>the Court handed them down, and for each decision, conservative

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<v Speaker 2>pundits and Bush campaign staffers were outraged. They attacked the

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<v Speaker 2>Court as a group of partisan democratic judges. It was

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<v Speaker 2>Craig Waters's job to defend the institution that he believed

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<v Speaker 2>in and to keep the public informed. In the process.

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<v Speaker 2>He became a public figure in his own right. When

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<v Speaker 2>I talked to Waters about what this was like. We

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<v Speaker 2>began in the morning after the two thousand election. Waters

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<v Speaker 2>was staying at a hotel in Orlando, and the next

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<v Speaker 2>morning he went downstairs to check the news. He realized

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<v Speaker 2>pretty quickly that the Florida Supreme Court was probably going

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<v Speaker 2>to be involved.

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<v Speaker 1>I went down to the hotel desk and found stacks

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<v Speaker 1>of the Orlando Sentinel newspaper. All of them would contradictory headlines.

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<v Speaker 1>One said Gore had won, one said Bush had won.

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<v Speaker 1>Another one said too close to call. I couldn't figure

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<v Speaker 1>out what was going on.

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<v Speaker 2>These were different editions.

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<v Speaker 1>These were different editions that had come out at different

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<v Speaker 1>times during the evening. So I went back, and I

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<v Speaker 1>didn't want to call the Chief Justice right then. I

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<v Speaker 1>knew that there was a problem, but I called the

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<v Speaker 1>Associated Press here in Tallahassee they tended to stay on

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<v Speaker 1>top of things. The Associated Press was the biggest of

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<v Speaker 1>all the news organizations at that point in time, and

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<v Speaker 1>they filled me in on what had happened overnight in Florida,

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<v Speaker 1>so I felt I had the latest information. And then

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<v Speaker 1>I called the Chief Justice, who was Charlie Wells at

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<v Speaker 1>the time, and his first words to me were, get

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<v Speaker 1>back here as soon as you can.

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<v Speaker 2>Why did he tell you to get back as soon

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<v Speaker 2>as you could.

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<v Speaker 1>Because crowds at that point were already forming between the

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<v Speaker 1>Florida Supreme Court Building and the Capitol. The Florida Supreme

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<v Speaker 1>Court Building is directly across Duval Street from the Capitol Building,

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<v Speaker 1>and there's a large terraced plaza area between the two buildings,

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<v Speaker 1>and there already were news setting up. There were cameras

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<v Speaker 1>all over the place, There were reporters, some sight seers

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<v Speaker 1>were starting to gather as well. There was a general sense,

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<v Speaker 1>I think, until I asked you, that something was going

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<v Speaker 1>on that was going to involve the city in a

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<v Speaker 1>big way.

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<v Speaker 2>So it was clear to you that the Florida Supreme

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<v Speaker 2>Court would have a role to play in resolving it.

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<v Speaker 1>It wasn't clear at that point it seemed likely. When

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<v Speaker 1>I sat down with Chief Justice Wells when I got back,

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<v Speaker 1>he told me that his hope was that it would

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<v Speaker 1>remain in federal courts, and there was some basis for that.

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<v Speaker 1>I mean, federal laws were involved.

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<v Speaker 2>And the Bush lawyers had filed shot.

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<v Speaker 1>Yeah, the very first lawsuits were filed in the federal court,

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<v Speaker 1>I think because everybody assumed it was going to be

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<v Speaker 1>a federal matter. The problem with that, after you start

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<v Speaker 1>thinking about it, is that the United States has a

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<v Speaker 1>peculiar way of dealing with elections. Under the federal system

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<v Speaker 1>that was established by the founding fathers, the supervision of elections,

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<v Speaker 1>including national elections, was left to the states themselves, and therefore,

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<v Speaker 1>as a matter of state law, the federal courts, when

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<v Speaker 1>they got these first lawsuits, after they realized you know this,

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<v Speaker 1>that the the issues involved too many state law issues,

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<v Speaker 1>began kicking it out and saying, no, you're going to

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<v Speaker 1>have to go to state court on this, because because

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<v Speaker 1>what you're talking about is state laws, not federal law.

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<v Speaker 2>What was the first occasion you had to get up

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<v Speaker 2>in front of the courthouse and address reporters.

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<v Speaker 1>It started very gradually. One of the things that happened

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<v Speaker 1>very early on was that our marshal locked our doors,

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<v Speaker 1>which infuriated me. We've always been an open courthouse and

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<v Speaker 1>I did not like anything that looked like we, you know,

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<v Speaker 1>that we were closing ourselves off. I went to the

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<v Speaker 1>Chief Justice, to Charlie Wells at the time, and said,

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<v Speaker 1>the Marshal just locked the doors, please reverse him immediately.

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<v Speaker 1>But we did have large crowds that were gathering, and

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<v Speaker 1>there were problems inside the Capitol building with the crowds already,

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<v Speaker 1>you know, people getting into public spaces and causing disruptions.

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<v Speaker 1>And Chief Justice Wells was unwilling to countermand the Marshal,

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<v Speaker 1>so he told me right then and there, and this

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<v Speaker 1>was just after the election had happened, he said, well,

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<v Speaker 1>why don't you just go out and talk to people,

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<v Speaker 1>Go out and talk to the press, talk to whoever

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<v Speaker 1>you know. You're our communications director. So I actually started

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<v Speaker 1>just walking out in front on the front steps in

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<v Speaker 1>a very casual way, you know, like you know, the

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<v Speaker 1>people milling, and I'd go up and start talking with

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<v Speaker 1>some of the ones that I knew. I knew a

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<v Speaker 1>lot of the reporters here in town already, and that's

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<v Speaker 1>really how it started me having very informal conversations with

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<v Speaker 1>people outside the building, and as the event progressed, it

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<v Speaker 1>just became more and more formal, and the crowds grew

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<v Speaker 1>more and more large over time, until we reached the

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<v Speaker 1>point where one day there were so many people and

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<v Speaker 1>so many microphones, somebody said, well, let's get a podium,

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<v Speaker 1>so we can put all the microphones on the podium.

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<v Speaker 1>And then the podium came out, and then the podium

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<v Speaker 1>gradually moved up the steps, and then all of a

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<v Speaker 1>sudden there were lights, and then they were putting a

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<v Speaker 1>microphone on my tie. So it evolved pretty.

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<v Speaker 2>Rapidly, and so it's not like you always read decisions.

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<v Speaker 1>We here at the Florida Supreme Court have actually operated

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<v Speaker 1>under a rule for a very long time that the

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<v Speaker 1>opinions of the court speak for themselves. So generally I

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<v Speaker 1>do not comment on the opinions. I certainly don't try

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<v Speaker 1>to interpret what they mean. You find any two attorneys

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<v Speaker 1>and they'll disagree over what any opinion means, because that's

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<v Speaker 1>what attorneys do. But one of the problems we face

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<v Speaker 1>with Bush v. Gore was that we had huge crowds

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<v Speaker 1>of reporters. At the heights of it, we would have

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<v Speaker 1>two or three hundred reporters standing outside the building waiting

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<v Speaker 1>for a decision from the court. Trying to be fair

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<v Speaker 1>to two or three hundred people is very difficult. If

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<v Speaker 1>you start releasing paper opinions, someone's going to be first

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<v Speaker 1>in line and someone's going to be last in line,

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<v Speaker 1>and of course the people who are last in line

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<v Speaker 1>are going to be very unhappy with that situation. We

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<v Speaker 1>didn't have social media at the time. Today I could

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<v Speaker 1>do the same thing on Twitter, but I didn't have

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<v Speaker 1>Twitter back then. So what happened when we began to

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<v Speaker 1>realize what a big controversy Bush v. Gore was going

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<v Speaker 1>to become. I sat down with the on site assignment

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<v Speaker 1>editors of all the big TV networks that were here

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<v Speaker 1>in Tallahassee. And it was not just the American networks.

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<v Speaker 1>There was also some foreign networks as well, and I

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<v Speaker 1>had a big powwow, and I said, what could we

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<v Speaker 1>do that's going to make this fairer? What's going to

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<v Speaker 1>work best for you? And the consensus that they reached

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<v Speaker 1>was they needed someone to come out and just read

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<v Speaker 1>a brief, bottom line announcement of what each decision meant

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<v Speaker 1>when there was a major decision coming out of the court,

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<v Speaker 1>and they wanted thirty minutes notice so that they would

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<v Speaker 1>have time to break into programming because this was going

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<v Speaker 1>to go live worldwide. And they agreed that I did

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<v Speaker 1>not have to take questions and answers because I think

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<v Speaker 1>the Court would not have agreed to that. The justices

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<v Speaker 1>would not have liked that.

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<v Speaker 2>What did it feel like delivering that summary? It was

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<v Speaker 2>like a you know, as a private citizen terned oracle.

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<v Speaker 1>Well, it was very surreal to see the process. I

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<v Speaker 1>mean because I was really, as I said, I was

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<v Speaker 1>going out and just talking with people casually, like I'm

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<v Speaker 1>talking to you right now. And it had been and

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<v Speaker 1>you know, all of a sudden, when when that order

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<v Speaker 1>came out and there were all these people and all

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<v Speaker 1>these microphones, all of a sudden, that changed. Everything had

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<v Speaker 1>to become more formal, It had to become a much

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<v Speaker 1>more predictable process. The crowds were larger, the security presence

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<v Speaker 1>grew all of a sudden. I had armed police officers

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<v Speaker 1>around me at all the all times. And it was

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<v Speaker 1>very strange to go from this role that I had had,

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<v Speaker 1>which was very much a behind the scenes role to

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<v Speaker 1>all of a sudden, I'm the guy out front, and

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<v Speaker 1>it was very strange to watch that process happen, and

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<v Speaker 1>you know, to understand the in real time, the logic

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<v Speaker 1>of why it was happening.

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<v Speaker 2>What do you mean?

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<v Speaker 1>We were very accustomed to openness here, We were very

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<v Speaker 1>accustomed to being welcoming to people. We had a Southern

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<v Speaker 1>y all comattitude. Tallahassee is a very small town. Everybody

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<v Speaker 1>knows everybody. Everybody in the press knows everybody. I mean,

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<v Speaker 1>I know everybody in the press here, and it's been

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<v Speaker 1>that way for a long time. But all of a sudden,

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<v Speaker 1>and we had these newcomers coming in from out of town.

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<v Speaker 1>Initially at the very beginning phases, if I had a

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<v Speaker 1>reporter from New York City saying, well, I don't understand

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<v Speaker 1>how you do these things, I could say, well, there's

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<v Speaker 1>Lucy Morgan from the Saint Pete Times. Go talk to hers.

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<v Speaker 1>She'll explain it to you. But once you start getting

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<v Speaker 1>larger and larger crowds, you can't do that kind of

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<v Speaker 1>thing anymore. So I had to start trying to figure

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<v Speaker 1>out how to get that information across myself, and all

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<v Speaker 1>of a sudden. I was having to have meetings with

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<v Speaker 1>the Capitol Police, Florida Highway Patrol, Florida Department of Law Enforcement,

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<v Speaker 1>City of Tallahassee Police Department, Leon County Sheriff's Office. All

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<v Speaker 1>these people were coming in because they had concurrent jurisdiction

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<v Speaker 1>over the areas where the crowds were forming, and so

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<v Speaker 1>they had to be brought in and consulted on everything

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<v Speaker 1>I did. The crowds were later would become enormous.

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<v Speaker 2>More of my conversation with Craig Waters after the break.

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<v Speaker 2>I suppose it was when the Florida Spreme Court ruled

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<v Speaker 2>to extend the certification deadline to the twenty sixth that people,

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<v Speaker 2>perhaps on the Bush side, started to really see the

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<v Speaker 2>institution as being against them. And is that when you

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<v Speaker 2>started getting threats and stuff like that?

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<v Speaker 1>From my perspective, After the issuance of that particular opinion

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<v Speaker 1>on November twenty first, that was when the spin began

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<v Speaker 1>to try to portray the Florida Supreme Court as being

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<v Speaker 1>biased toward the Democratic side. I'm sure that was driven

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<v Speaker 1>by some sense of fear. You don't launch that kind

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<v Speaker 1>of elaborate public relations effort without some reason.

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<v Speaker 2>What do they do exactly.

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<v Speaker 1>That was when I began noticing people going on television

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<v Speaker 1>and really criticizing the Florida Supreme Court. And it was

0:11:59.871 --> 0:12:01.990
<v Speaker 1>very interesting here from the perspective at the Florida Supreme

0:12:02.030 --> 0:12:05.030
<v Speaker 1>Court because directly across the street, on the terraces of

0:12:05.030 --> 0:12:07.230
<v Speaker 1>the Capitol building, that was where the press had pitched

0:12:07.231 --> 0:12:10.631
<v Speaker 1>their tents. Literally, there are all these white tents, and

0:12:10.670 --> 0:12:13.471
<v Speaker 1>every major news organization had a white tint. My office

0:12:13.471 --> 0:12:15.751
<v Speaker 1>actually looks out over that area, and I could see

0:12:15.790 --> 0:12:20.950
<v Speaker 1>all of these very major political figures going from tent

0:12:21.151 --> 0:12:25.551
<v Speaker 1>to tent to tent to tent doing interviews. Then I

0:12:25.590 --> 0:12:27.950
<v Speaker 1>could watch what they were saying on television, and they

0:12:28.790 --> 0:12:32.550
<v Speaker 1>were conducting spin against the Florida Supreme Court. I, of course,

0:12:32.590 --> 0:12:34.910
<v Speaker 1>I was trying to do media interviews as well to

0:12:34.950 --> 0:12:37.751
<v Speaker 1>get as much good information as I could. During that

0:12:37.830 --> 0:12:44.311
<v Speaker 1>particular point in time that I was contacted by a

0:12:44.351 --> 0:12:46.590
<v Speaker 1>television news program that I did not know that much

0:12:46.590 --> 0:12:49.391
<v Speaker 1>about at the time. If I recall correctly, it was

0:12:49.430 --> 0:12:53.910
<v Speaker 1>called Hannity and Colmbs. I actually got into this interview

0:12:53.950 --> 0:12:59.590
<v Speaker 1>and realized that the other person on the other end

0:12:59.710 --> 0:13:02.471
<v Speaker 1>of the interview was someone I also had never heard

0:13:02.511 --> 0:13:06.190
<v Speaker 1>of whose name was Anne Colter, and she launched into

0:13:06.190 --> 0:13:10.150
<v Speaker 1>a tirade against the Florida Supreme Court. I was particularly

0:13:10.190 --> 0:13:14.231
<v Speaker 1>irritated with that because Sean Hannity's people had told me

0:13:14.271 --> 0:13:17.391
<v Speaker 1>they only wanted me to come and talk about procedural matters,

0:13:17.391 --> 0:13:20.271
<v Speaker 1>which is really all I'm qualified to talk about, And

0:13:20.710 --> 0:13:22.550
<v Speaker 1>all of a sudden, there was Anne Culter trying to

0:13:22.631 --> 0:13:26.631
<v Speaker 1>debate me about the merits of Florida Supreme Court opinions.

0:13:27.111 --> 0:13:29.991
<v Speaker 1>So I literally ended up saying over and over and

0:13:30.030 --> 0:13:33.550
<v Speaker 1>over again to Sean Hannity that his people had asked

0:13:33.550 --> 0:13:36.950
<v Speaker 1>me to appear only for procedural issues, and that they

0:13:36.991 --> 0:13:40.430
<v Speaker 1>had apparently brought me under this interview under false pretenses.

0:13:41.550 --> 0:13:44.310
<v Speaker 1>That was probably one of the most vivid examples of

0:13:44.351 --> 0:13:46.511
<v Speaker 1>the spin that I encountered.

0:13:47.751 --> 0:13:51.511
<v Speaker 2>Was it accompanied by personal attacks on you Outside the

0:13:51.511 --> 0:13:53.071
<v Speaker 2>media I managed.

0:13:53.511 --> 0:13:55.910
<v Speaker 1>There were two public email accounts. They were the email

0:13:55.910 --> 0:13:58.191
<v Speaker 1>accounts that were listed on most of the web pages

0:13:58.231 --> 0:14:00.711
<v Speaker 1>of the Florida Supreme Court. So we started getting tens

0:14:00.710 --> 0:14:03.231
<v Speaker 1>of thousands of emails. I couldn't even go through all

0:14:03.271 --> 0:14:06.151
<v Speaker 1>the emails. You know, some of them really were personal attacks,

0:14:06.830 --> 0:14:09.951
<v Speaker 1>and if you read them, you would begin to realize that.

0:14:10.030 --> 0:14:13.231
<v Speaker 1>But these people were extremely confused about the process. Many

0:14:13.271 --> 0:14:14.991
<v Speaker 1>of them thought that I was the one who was

0:14:15.190 --> 0:14:17.670
<v Speaker 1>personally making the decisions that I was announcing on the

0:14:17.710 --> 0:14:20.591
<v Speaker 1>steps of the Florida Supreme Court, and then they would

0:14:21.511 --> 0:14:25.350
<v Speaker 1>treat me accordingly. And some of it was very vulgar

0:14:25.471 --> 0:14:27.990
<v Speaker 1>and some of it was threatening. We handed some of

0:14:28.031 --> 0:14:30.671
<v Speaker 1>it over to law enforcement because of the threatening nature.

0:14:31.111 --> 0:14:33.271
<v Speaker 1>I didn't want to get a pulled in that direction

0:14:34.031 --> 0:14:35.551
<v Speaker 1>at that point in time. I had too many other

0:14:36.391 --> 0:14:38.631
<v Speaker 1>pots on the stove at that point, and so I

0:14:38.631 --> 0:14:41.951
<v Speaker 1>actually stopped even opening those email accounts at some point

0:14:41.991 --> 0:14:43.991
<v Speaker 1>because it just was too much of a distraction.

0:14:43.671 --> 0:14:45.311
<v Speaker 2>And repe were calling your cell phone that you had

0:14:45.431 --> 0:14:46.111
<v Speaker 2>posted online.

0:14:46.271 --> 0:14:48.151
<v Speaker 1>Yeah, the cell phone we ended up just turning off.

0:14:48.191 --> 0:14:50.311
<v Speaker 1>It became useless. I got another cell phone during that

0:14:50.311 --> 0:14:53.071
<v Speaker 1>period of time and we started using that, and my

0:14:53.191 --> 0:14:56.271
<v Speaker 1>office phone number also became unusable. I'd also put that

0:14:56.351 --> 0:14:59.471
<v Speaker 1>on the web page when I first put put that

0:14:59.511 --> 0:15:01.511
<v Speaker 1>out there. We actually tried for a while to bring

0:15:01.551 --> 0:15:04.311
<v Speaker 1>in staff to answer my phone because it was ringing constantly,

0:15:04.830 --> 0:15:06.751
<v Speaker 1>and then we finally just gave up on that and

0:15:06.911 --> 0:15:09.511
<v Speaker 1>just turned We unplugged the phone and let it go

0:15:09.751 --> 0:15:12.830
<v Speaker 1>all good a voicemail. Of course, the voicemail quickly filled up.

0:15:13.071 --> 0:15:14.791
<v Speaker 2>There was such a novel experience. I mean, I know

0:15:14.830 --> 0:15:16.791
<v Speaker 2>this happens all the time now to people who are

0:15:16.911 --> 0:15:19.111
<v Speaker 2>in the middle of the news, but to like just

0:15:19.151 --> 0:15:20.951
<v Speaker 2>be on the receiving end of such easy like the

0:15:21.791 --> 0:15:23.911
<v Speaker 2>the barrier to entry on that communication for the people

0:15:23.951 --> 0:15:27.031
<v Speaker 2>who were contacting you were so low. It had been higher,

0:15:27.111 --> 0:15:29.751
<v Speaker 2>like even quite recently in history.

0:15:30.830 --> 0:15:32.831
<v Speaker 1>It was certainly my first encounter with this sort of

0:15:33.590 --> 0:15:35.991
<v Speaker 1>twenty four hour news phenomenon that can take someone who's

0:15:36.071 --> 0:15:38.471
<v Speaker 1>unknown and turned them into a household name overnight.

0:15:39.791 --> 0:15:40.551
<v Speaker 2>Is what happened to you.

0:15:40.710 --> 0:15:44.110
<v Speaker 1>I mean, it is very much. It was amazing to watch,

0:15:44.111 --> 0:15:48.271
<v Speaker 1>and it wasn't something that I liked. Even for a

0:15:48.271 --> 0:15:50.511
<v Speaker 1>period of about six months after it was over. People

0:15:50.511 --> 0:15:53.071
<v Speaker 1>would stop and point and stare at me in airports.

0:15:53.671 --> 0:16:00.151
<v Speaker 2>Did you feel compelled to undermine the perception that the

0:16:00.191 --> 0:16:03.191
<v Speaker 2>Florida Supreme Court was biased towards gloor in your self presentation,

0:16:03.911 --> 0:16:07.311
<v Speaker 2>especially when you were actually giving those reading those orders

0:16:07.351 --> 0:16:08.871
<v Speaker 2>and reading those decisions.

0:16:09.671 --> 0:16:13.191
<v Speaker 1>The first episode of that where the optics played a

0:16:13.311 --> 0:16:16.551
<v Speaker 1>major role in a decision I made was right before

0:16:17.031 --> 0:16:20.830
<v Speaker 1>I went out to make the December eighth announcement about

0:16:20.830 --> 0:16:24.271
<v Speaker 1>the statewide recount. Enormous crowds had formed outside and they

0:16:24.271 --> 0:16:27.311
<v Speaker 1>were quite boisterous. The police were very concerned. I was

0:16:27.351 --> 0:16:30.511
<v Speaker 1>inside the rotun to the building. The building was closed,

0:16:30.511 --> 0:16:32.590
<v Speaker 1>of course, and there was no one in the rotunda

0:16:32.631 --> 0:16:36.191
<v Speaker 1>area except me in the law enforcement. I was there

0:16:36.231 --> 0:16:38.830
<v Speaker 1>with my prepared statement and was getting ready, and one

0:16:38.911 --> 0:16:41.711
<v Speaker 1>of the law enforcement officers came up and said, we

0:16:41.791 --> 0:16:44.471
<v Speaker 1>have a bulletproof vest for you, and we would really

0:16:44.511 --> 0:16:48.471
<v Speaker 1>like you to wear this because we're concerned. And the

0:16:48.551 --> 0:16:52.071
<v Speaker 1>thing that flashed into my head was something I remembered.

0:16:52.471 --> 0:16:55.230
<v Speaker 1>I've always been something of a student of public relations,

0:16:55.751 --> 0:16:59.951
<v Speaker 1>and I remember back when Hillary Clinton was working for

0:17:00.071 --> 0:17:02.991
<v Speaker 1>her husband, who was president at the time, on his

0:17:03.071 --> 0:17:06.951
<v Speaker 1>healthcare initiative, which had become very controversial, and she was

0:17:06.991 --> 0:17:11.390
<v Speaker 1>going to an airport and she was television cameras were

0:17:11.431 --> 0:17:14.271
<v Speaker 1>following her, and there was an image of her walking

0:17:14.311 --> 0:17:17.311
<v Speaker 1>through this airport wearing a bulletproof veest and she looked

0:17:17.311 --> 0:17:21.551
<v Speaker 1>scared and mistrustful and afraid. That was the image that

0:17:21.590 --> 0:17:23.470
<v Speaker 1>popped into my mind, and that was the image that

0:17:23.511 --> 0:17:27.391
<v Speaker 1>I did not want to project, and thinking of the optics.

0:17:27.431 --> 0:17:30.031
<v Speaker 1>I decided not to wear the bulletproof fest. I just

0:17:30.071 --> 0:17:33.510
<v Speaker 1>thought that was completely the wrong image to project at

0:17:33.511 --> 0:17:34.631
<v Speaker 1>that particular point in time.

0:17:34.671 --> 0:17:36.031
<v Speaker 2>Well would have projected, it.

0:17:36.031 --> 0:17:38.670
<v Speaker 1>Would have projected closure. Fear.

0:17:39.471 --> 0:17:43.951
<v Speaker 2>Mistrust was the reason that they proposed the bulletproof fest.

0:17:44.191 --> 0:17:47.791
<v Speaker 2>That they understood that substance of a decision would be

0:17:47.830 --> 0:17:48.590
<v Speaker 2>so provocative.

0:17:48.830 --> 0:17:52.190
<v Speaker 1>The problem wasn't, really, I think, so much the nature

0:17:52.231 --> 0:17:54.951
<v Speaker 1>of the decision, because the whole thing had been controversial.

0:17:55.350 --> 0:17:58.071
<v Speaker 1>The problem was that the crowds were so large. The

0:17:58.110 --> 0:18:01.551
<v Speaker 1>streets were absolutely jam packed. The area between here and

0:18:01.590 --> 0:18:04.430
<v Speaker 1>the Capitol was full of people. They didn't tell me

0:18:04.471 --> 0:18:07.071
<v Speaker 1>at the time, but thank god they didn't tell me

0:18:07.071 --> 0:18:09.110
<v Speaker 1>they were actually police snipers on the roofs of nearby

0:18:09.150 --> 0:18:11.711
<v Speaker 1>buildings while I was out there for my minute in

0:18:11.751 --> 0:18:14.870
<v Speaker 1>forty five seconds making the announcement. Someone later showed me

0:18:14.911 --> 0:18:17.311
<v Speaker 1>photographs that were taken from the top of the Capitol,

0:18:17.311 --> 0:18:20.151
<v Speaker 1>which is twenty two stories and you can clearly see

0:18:20.150 --> 0:18:22.951
<v Speaker 1>a police sniper laying on his stomach on the roof

0:18:22.951 --> 0:18:25.311
<v Speaker 1>of City Hall, just a block away from where I

0:18:25.471 --> 0:18:26.830
<v Speaker 1>was making the announcement.

0:18:26.991 --> 0:18:28.671
<v Speaker 2>Is it because they were getting threat threats?

0:18:29.191 --> 0:18:31.670
<v Speaker 1>There were threats coming into all different places, the email

0:18:31.671 --> 0:18:34.471
<v Speaker 1>threats that I've already told you about, threats to different offices.

0:18:34.671 --> 0:18:37.870
<v Speaker 1>I know Catherine Harris was getting some serious threats. So

0:18:37.991 --> 0:18:41.910
<v Speaker 1>the general atmosphere among those of us who were the

0:18:41.911 --> 0:18:44.870
<v Speaker 1>public figures in mass you know, was we understood that

0:18:45.271 --> 0:18:48.150
<v Speaker 1>there were crazy people who had become obsessed with this

0:18:48.191 --> 0:18:48.911
<v Speaker 1>particular event.

0:18:49.791 --> 0:18:53.910
<v Speaker 2>You stipulated that you didn't want to project fear or mistrust.

0:18:54.311 --> 0:18:56.630
<v Speaker 2>Did you feel it? Did you feel fear?

0:18:57.830 --> 0:18:59.470
<v Speaker 1>It was a frightening thing in a lot of ways

0:19:01.150 --> 0:19:04.431
<v Speaker 1>going out onto the steps, particularly that evening in December eighth,

0:19:04.671 --> 0:19:07.751
<v Speaker 1>when they had offered me the bulletproof vest. I think

0:19:07.751 --> 0:19:10.630
<v Speaker 1>that scared me more than anything else. Dead this idea

0:19:10.671 --> 0:19:12.471
<v Speaker 1>I have to wear a bulletproof vests. My god, what's

0:19:12.511 --> 0:19:16.151
<v Speaker 1>going on here? That's not the Tallahassee, I know. And

0:19:16.911 --> 0:19:19.590
<v Speaker 1>there was a moment I got out onto the you know,

0:19:19.911 --> 0:19:22.271
<v Speaker 1>to the podium, and I began reading. I had these

0:19:22.311 --> 0:19:24.110
<v Speaker 1>lights shining in my face, so I couldn't see the

0:19:24.110 --> 0:19:27.991
<v Speaker 1>crowds very well because I was blinded, and there was

0:19:28.191 --> 0:19:31.551
<v Speaker 1>a large piece of metallic equipment nearby that fell over.

0:19:32.191 --> 0:19:34.110
<v Speaker 1>And the thought that went through my head at that

0:19:34.150 --> 0:19:36.950
<v Speaker 1>particular point in time is my God, there's the bullet,

0:19:37.671 --> 0:19:39.470
<v Speaker 1>you know. But I just at that point, I just

0:19:39.551 --> 0:19:42.710
<v Speaker 1>kept reading and kept thinking of, well, if I can

0:19:42.751 --> 0:19:45.390
<v Speaker 1>get through this, it's a minute in forty five seconds,

0:19:45.991 --> 0:19:49.390
<v Speaker 1>then I'm okay. It was frightening in a lot of ways,

0:19:49.630 --> 0:19:52.271
<v Speaker 1>but it was something that I also knew that needed

0:19:52.271 --> 0:19:53.471
<v Speaker 1>to be done and had to be done.

0:19:54.511 --> 0:19:57.271
<v Speaker 2>I know that you are not, in fact the embodiment

0:19:57.311 --> 0:19:58.630
<v Speaker 2>of the Florida Stroom Court, and I know that you

0:19:58.630 --> 0:20:01.031
<v Speaker 2>don't identify with it necessarily as if it's views and

0:20:01.031 --> 0:20:04.751
<v Speaker 2>it's rulings are yours. But to the extent that you

0:20:04.830 --> 0:20:06.991
<v Speaker 2>do work here, to the extent that you were the

0:20:07.071 --> 0:20:10.431
<v Speaker 2>voice of it, did you have any feelings in response

0:20:10.511 --> 0:20:13.910
<v Speaker 2>to the US Supreme Court issuing a stay and ending

0:20:13.911 --> 0:20:17.711
<v Speaker 2>the thing that the Florida Supreme Court had ordered to begin?

0:20:18.590 --> 0:20:22.271
<v Speaker 1>When the U. S. Supreme Court issued its stay and

0:20:22.350 --> 0:20:25.071
<v Speaker 1>the arguments that followed, I really got the impression that

0:20:25.110 --> 0:20:27.031
<v Speaker 1>the US Supreme Court had been listening to the press

0:20:27.071 --> 0:20:30.950
<v Speaker 1>too much, and to the spin machine in particular. I knew,

0:20:30.991 --> 0:20:33.391
<v Speaker 1>because of the thirteen years I'd worked here that what

0:20:33.431 --> 0:20:36.511
<v Speaker 1>the Florida Supreme Court was trying to do was apply

0:20:37.551 --> 0:20:40.431
<v Speaker 1>precedent that was more than a century old about how

0:20:40.471 --> 0:20:44.111
<v Speaker 1>you count disputed votes in Florida that got lost when

0:20:44.150 --> 0:20:47.711
<v Speaker 1>the spin machine took over, and instead the spin machine

0:20:47.751 --> 0:20:52.111
<v Speaker 1>was portraying the Florida Supreme Court as this out of control,

0:20:52.271 --> 0:20:55.910
<v Speaker 1>runaway body that was trying to throw the election. And

0:20:56.071 --> 0:20:59.351
<v Speaker 1>I knew that was not true. And I really feel

0:20:59.390 --> 0:21:04.190
<v Speaker 1>like that that impression succeeded to some extent and that

0:21:04.271 --> 0:21:08.230
<v Speaker 1>it did have some influence on the role the U. S.

0:21:08.231 --> 0:21:11.350
<v Speaker 1>Supreme Court later took. I think the US Supreme Court

0:21:12.150 --> 0:21:14.950
<v Speaker 1>to a degree came to believe that the Florida Supreme

0:21:14.991 --> 0:21:16.031
<v Speaker 1>Court was out of control.

0:21:16.951 --> 0:21:18.991
<v Speaker 2>There was even a specific thing I remember reading somewhere

0:21:18.991 --> 0:21:21.590
<v Speaker 2>that like I think it wasist. Rnquist had a problem

0:21:21.590 --> 0:21:22.391
<v Speaker 2>with you being.

0:21:22.511 --> 0:21:23.071
<v Speaker 1>Yes, you did.

0:21:24.191 --> 0:21:28.151
<v Speaker 2>That's been quite personal or not, you know, personal.

0:21:27.870 --> 0:21:30.711
<v Speaker 1>But well, David Kaplan in his book The Accidental President,

0:21:30.751 --> 0:21:34.071
<v Speaker 1>actually wrote about it. Renquist apparently did think it was

0:21:34.630 --> 0:21:38.110
<v Speaker 1>it was an improper thing for a court to have

0:21:38.231 --> 0:21:41.431
<v Speaker 1>someone go out and make announcements about what was happening.

0:21:42.191 --> 0:21:44.950
<v Speaker 1>I don't think that that was the correct view. It

0:21:44.951 --> 0:21:47.910
<v Speaker 1>certainly is not the view that has been endorsed by history.

0:21:48.431 --> 0:21:50.830
<v Speaker 1>Every court in the nation with the possible exception still

0:21:50.830 --> 0:21:54.350
<v Speaker 1>of the US Supreme Court does what the Florida Supreme

0:21:54.350 --> 0:21:58.271
<v Speaker 1>Court was pioneering back then, and the scenes at the

0:21:58.350 --> 0:22:01.631
<v Speaker 1>US Supreme Court where they were handing out paper copies

0:22:01.671 --> 0:22:05.110
<v Speaker 1>and you had reporters crawling over each other trying to

0:22:05.110 --> 0:22:09.271
<v Speaker 1>get copies and then running back to television cameras flipping

0:22:09.271 --> 0:22:13.271
<v Speaker 1>through pages trying to find that one key sentence. It

0:22:13.311 --> 0:22:16.791
<v Speaker 1>was chaos. It created a horrible impression here at the

0:22:16.791 --> 0:22:19.870
<v Speaker 1>Florida Supreme Court. We avoided that by having me go

0:22:19.911 --> 0:22:23.470
<v Speaker 1>out on the steps and read a simple statement that

0:22:23.590 --> 0:22:24.910
<v Speaker 1>was usually no more than two minutes.

0:22:31.191 --> 0:22:34.991
<v Speaker 2>Thanks for listening to this special episode of Fiasco. Fiasco

0:22:35.150 --> 0:22:38.390
<v Speaker 2>Bush v. Gore is produced by Prolog Projects and distributed

0:22:38.390 --> 0:22:41.751
<v Speaker 2>by Pushkin Industries. The show is produced by Madelin Kaplan,

0:22:41.951 --> 0:22:45.830
<v Speaker 2>Lulla Culpa, Andrew Parsons, and me Leon Nathock. We had

0:22:45.830 --> 0:22:50.110
<v Speaker 2>additional editorial support from Lisa Chase and Daniel Riley. Thanks

0:22:50.110 --> 0:22:51.511
<v Speaker 2>for listening. See you next week.