WEBVTT - The 2000 Presidential Election: A Real Cluster

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<v Speaker 1>Welcome to stuff you should know, a production of iHeartRadio.

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<v Speaker 2>Hey, and welcome to the podcast. I'm Josh and there's

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<v Speaker 2>Chuck and it's just us again, which is fine because

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<v Speaker 2>we're here to talk about the two thousand election. Jerry

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<v Speaker 2>probably wouldn't want to hear about it anyway.

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<v Speaker 1>Can I tell the quickest story of my how this

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<v Speaker 1>went down for me?

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<v Speaker 2>Sure?

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<v Speaker 1>I was moving to Los Angeles in November twenty twenty.

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<v Speaker 1>H and I mean two thousand, what I say twenty twenty? Yeah, yeah,

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<v Speaker 1>two thousand.

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<v Speaker 2>Weird that you had mentioned twenty twenty when you were

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<v Speaker 2>talking about two thousand.

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<v Speaker 1>I know.

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<v Speaker 3>So I was in a big U haul.

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<v Speaker 1>I was towing my car, my seventy five Plymouth Valiant

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<v Speaker 1>named Ta, behind me, and I was somewhere in Texas,

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<v Speaker 1>West Texas.

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<v Speaker 3>When I spent the night and.

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<v Speaker 1>Then woke up the next morning, it was kind of

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<v Speaker 1>freezing cold in West Texas, and I was documenting this

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<v Speaker 1>whole trip via my high eight video camera, singing songs

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<v Speaker 1>into it and kind of documenting the journey. I'm gonna

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<v Speaker 1>get all these tapes digitized soon. That's one of my

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<v Speaker 1>Christmas break projects this year. But I very distinctly. Remember

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<v Speaker 1>when I turned on the camera and got in that truck.

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<v Speaker 1>The next morning, I said, hey everyone, So or I

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<v Speaker 1>don't think I said everyone, because I had no audience.

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<v Speaker 3>Spect Sure, so I think I said, hey me. It's weird.

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<v Speaker 1>I went to bed last night and the election had happened,

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<v Speaker 1>and I woke up today and no one knows who

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<v Speaker 1>won still, And this is weird because we always know

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<v Speaker 1>who won. I guess I'll see what happens. And then

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<v Speaker 1>I hit the road.

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<v Speaker 2>Yeah, and what thirty something days later it was finally decided.

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<v Speaker 3>By the Supreme Court of the United States.

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<v Speaker 2>Yeah, that was an interesting thing too that today you're like, yeah,

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<v Speaker 2>I could see not knowing that that day, right, that

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<v Speaker 2>seems a little a little quick, almost suspicious quick. Now.

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<v Speaker 2>At the time, it was like, what do you mean,

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<v Speaker 2>It's past midnight and we don't know who won. That's crazy.

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<v Speaker 2>The two thousand election definitely started that whole thing. And

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<v Speaker 2>the election, for those of you who don't know, was

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<v Speaker 2>between Vice President Al Gore. He was vice president to

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<v Speaker 2>Bill Clinton for both terms. He was looking to continue

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<v Speaker 2>the Clinton legacy, I guess as president himself, and he

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<v Speaker 2>was running against George W. Bush the son of George Bush,

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<v Speaker 2>George H. W. Bush, and the brother of Jeb Bush.

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<v Speaker 2>I think it's his older brother. And at the time,

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<v Speaker 2>al Gore was viewed as this very wooden I think

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<v Speaker 2>Jeb's younger okay, yeah, yeah, yeah, sorry, Jeb's the younger brother.

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<v Speaker 2>And at the time, al Gore was viewed as wooden, unapproachable,

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<v Speaker 2>very smart policy wonk who could not relate to the

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<v Speaker 2>average person to save his life. And George Bush was

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<v Speaker 2>viewed as just this complete dingus who was a part

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<v Speaker 2>of a political legacy, whose family clearly viewed him having

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<v Speaker 2>the presidency as his birthright. That was the selection that

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<v Speaker 2>America had at the time. But this is all against

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<v Speaker 2>the backdrop of the economy really doing nicely and there

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<v Speaker 2>hadn't been any really big problems or wars for a while.

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<v Speaker 2>I can't really think of any direct war that the

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<v Speaker 2>United States would have been involved in since Vietnam. Oh,

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<v Speaker 2>like you know, big time war. Yeah, yeah, I don't

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<v Speaker 2>think that. I think Vietnam was the last war we

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<v Speaker 2>were in during this election.

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<v Speaker 3>Yeah.

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<v Speaker 1>So, you know, if you were watching comedy shows, especially

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<v Speaker 1>Saturday Night Live at the time, you would get two things.

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<v Speaker 1>You would on one side you would get. I can't

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<v Speaker 1>even remember who played him, but this is how al

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<v Speaker 1>Gore was basically portrayed Aryl Hammond. Well, oh that's right.

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<v Speaker 1>I don't know, I'm like Bill Clinton without the scandal

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<v Speaker 1>that was Al Gore. And then of course, I guess

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<v Speaker 1>was Will Ferrell the first and Bush, you know, through

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<v Speaker 1>comedy and the media was you know that guy, and yeah,

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<v Speaker 1>I don't even I don't even care about being president. Yeah,

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<v Speaker 1>I just want to make Daddy happy. That was sort

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<v Speaker 1>of the lay of the land pre nine to eleven,

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<v Speaker 1>before you know, a lot of the country rallied around

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<v Speaker 1>Bush and you know, like, like we said, Gore was

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<v Speaker 1>trying to to get away from that Clinton stink such

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<v Speaker 1>that he didn't even get Bill on the Canpayne trail

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<v Speaker 1>with him that much. And it was also I mean,

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<v Speaker 1>this was a landmark election in a lot of ways,

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<v Speaker 1>but it was also sort of the first, the first

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<v Speaker 1>big election where you had someone saying, hey, Gore is

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<v Speaker 1>the big Washington insider and I'm just this guy from Texas.

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<v Speaker 1>Like sort of rural versus urban power struggle.

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<v Speaker 2>Yeah, that's where it generally began. The Bush campaign really

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<v Speaker 2>was doing what they could to kind of highlight that

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<v Speaker 2>dividing line.

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<v Speaker 1>Yeah, so at the time Bush had been pretty far

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<v Speaker 1>ahead in the polls. In the summer after the Democratic

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<v Speaker 1>National Convention, Gore mounted a big comeback and by fall.

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<v Speaker 1>By September, a couple of months before the election, these

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<v Speaker 1>guys were basically deadlocked, and everybody was saying, this is

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<v Speaker 1>going to be a really, really really close election.

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<v Speaker 3>Hold onto your hat.

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<v Speaker 2>Everybody knew that it would be close, but no one

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<v Speaker 2>had any guess that it was it would turn out

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<v Speaker 2>as close as it actually did. But just the polling,

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<v Speaker 2>poll after poll after poll showed like Gores in the lead, Nope,

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<v Speaker 2>Bushes in the league, Gores in the lead. Gallup found

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<v Speaker 2>that the lead changed nine times just in the fall

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<v Speaker 2>the fall, nine time exactly. And so election Day Tuesday,

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<v Speaker 2>November seventh, a lot of people, including Tim Russert rest

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<v Speaker 2>in Peace, had said, I think Florida is going to

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<v Speaker 2>be the going to decide the outcome of this. I

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<v Speaker 2>didn't see exactly why. I don't know if it was

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<v Speaker 2>a gut feeling or what the deal was, but there

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<v Speaker 2>were there were a few people who were already pointing

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<v Speaker 2>to Florida. And at the time the news organizations NBC, ABC, CBS, FOXY, INN,

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<v Speaker 2>and AP all subscribed to a company called the Voter

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<v Speaker 2>News Service, which had been set up in nineteen ninety

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<v Speaker 2>I think by the big networks to basically pool their

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<v Speaker 2>resources to pay for people who did exit polling, and

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<v Speaker 2>they would give that data directly to the networks, who

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<v Speaker 2>would then use it to kind of like you know,

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<v Speaker 2>read the tea leaves as best they could to forecast

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<v Speaker 2>who won. Because in nineteen eighty NBC called Reagan at

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<v Speaker 2>eight fifteen pm and set off this huge competition among

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<v Speaker 2>the networks.

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<v Speaker 1>Oh yeah, like call for calling the election was a big,

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<v Speaker 1>big deal for a network, And so you found that

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<v Speaker 1>great article where they were like, you know, after that

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<v Speaker 1>Reagan thing, all the networks started spending a lot of

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<v Speaker 1>money in the next cycle, you know, on their own

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<v Speaker 1>exit polling data, and it was like millions and millions

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<v Speaker 1>of dollars. So when they got together basically and said, hey,

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<v Speaker 1>why don't we all just hire this one service so

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<v Speaker 1>we can all save a lot of money. The downside

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<v Speaker 1>of that was they were all getting the same information,

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<v Speaker 1>whether it was good or bad, and in this case

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<v Speaker 1>it turned out the information was not great.

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<v Speaker 2>So Gore was doing pretty good, not just in the

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<v Speaker 2>national vote but electorally too. We got Pennsylvania, got Michigan,

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<v Speaker 2>and Florida was starting to come in, and apparently the

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<v Speaker 2>numbers were up. The exit polling data for Gore was

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<v Speaker 2>showing that he probably won Florida enough that NBC said, oh,

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<v Speaker 2>we're doing it again, And at seven forty nine pm

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<v Speaker 2>on election Day, NBC called Florida for Gore. They didn't

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<v Speaker 2>go so far as to call the presidency for Gore,

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<v Speaker 2>but the writing was on the wall. If Gore won Florida,

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<v Speaker 2>that was that. And I guess about fifteen minutes later

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<v Speaker 2>the rest of the news organizations had joined and said

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<v Speaker 2>the same.

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<v Speaker 1>Thing, right, so everyone's calling Florida for Gore publicly. At

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<v Speaker 1>this point that night, the VNS, that voter News service

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<v Speaker 1>that was doing the exit polling for everybody, said, hey,

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<v Speaker 1>news organizations, we've got some issues here with our data. Like,

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<v Speaker 1>for example, in this one county in Florida, it was

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<v Speaker 1>supposed to be four thy three hundred and two votes

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<v Speaker 1>that we saw someone added a zero to that and

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<v Speaker 1>it was forty three twenty votes. So maybe you should

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<v Speaker 1>sort of hold off on calling this thing. And all

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<v Speaker 1>the news organizations said, well, that's too late, We've already

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<v Speaker 1>done that. And at just before ten pm, at nine

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<v Speaker 1>to fifty five, CNN was the first to come on

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<v Speaker 1>and say, hey, wait a minute, we jump the gun here.

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<v Speaker 1>Everyone else of course followed suit, and then at two

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<v Speaker 1>fifteen in the morning, Fox News comes on and says

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<v Speaker 1>Bush is going to be the winner, not just to Florida,

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<v Speaker 1>but the whole thing, and then everyone else followed suit

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<v Speaker 1>and said and of course this is overnight, so you

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<v Speaker 1>wake up in the morning thinking that George Bush had won.

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<v Speaker 3>Right, so well not quite.

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<v Speaker 1>Actually, well, if you were saying this, we'll see what

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<v Speaker 1>happened between then and sunrise.

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<v Speaker 2>Yeah, and I think a lot of people were staying

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<v Speaker 2>up glued to the TV still at this point. By

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<v Speaker 2>the time Fox said that Bush was the winner, and

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<v Speaker 2>the rest of the networks joined in with that. So

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<v Speaker 2>that's three three times now that they have have made

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<v Speaker 2>the projection. Because retracting a projection is a projection in

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<v Speaker 2>and of it. It's like Rush said, even if you

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<v Speaker 2>choose not to decide, you still have made a choice.

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<v Speaker 2>It's essentially the same thing. Yeah, and there's a quote

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<v Speaker 2>from Donna Brazil the disgraced Democratic operative who was running

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<v Speaker 2>Gore's campaign at the time. Get this. She texted Gore

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<v Speaker 2>on his BlackBerry and I read the New York Times

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<v Speaker 2>article about this. They felt compelled to explain that a

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<v Speaker 2>BlackBerry was an instant messaging pager. That's how two thousand

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<v Speaker 2>this thing was.

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<v Speaker 3>By the way, really quick.

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<v Speaker 1>I saw that movie, the BlackBerry Movie, on a plane

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<v Speaker 1>flight recently, and it's actually very good.

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<v Speaker 2>Oh, I'm sure most I recommend it pretty good.

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<v Speaker 3>Now it's a movie movie.

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<v Speaker 2>Most movies are pretty.

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<v Speaker 3>Good anyway, recommended.

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<v Speaker 2>So she told she's running the campaign and told Gore like,

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<v Speaker 2>don't give up yet. This is it's too weird. Essentially

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<v Speaker 2>I'm paraphrasing here, yeah, which is true. But despite that,

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<v Speaker 2>Gore was like, I don't I think we lost, And

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<v Speaker 2>so he even went to the extent of waking as

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<v Speaker 2>his wife, Tipper, who was not actually sleeping, she was

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<v Speaker 2>under the blankets with a flashlight making a list of

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<v Speaker 2>bands that she didn't like and their kids, and said, hey,

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<v Speaker 2>I lost, essentially, and they kids started crying. So he

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<v Speaker 2>started to get ready to do his concession speech. That's

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<v Speaker 2>how close this came. He also called Bush called George

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<v Speaker 2>Bush and said, hey, congratulations. You know you're the winner, obviously,

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<v Speaker 2>And he got into a limo to go give a

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<v Speaker 2>concession speech in Nashville to his supporters, and on the way,

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<v Speaker 2>one of his operatives said, hey, I've been watching the

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<v Speaker 2>Secretary of State site in Florida. And Bush's lead went

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<v Speaker 2>from fifty thousand to six thousand. I don't think we

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<v Speaker 2>should concede yet. And literally this happened in the caravan

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<v Speaker 2>on the way for him to give his concession speech

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<v Speaker 2>at like three point thirty in the morning.

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<v Speaker 1>Yeah, and so because there were still some precincts that

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<v Speaker 1>had been unreported, so they were like.

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<v Speaker 3>Slow your role, Gore.

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<v Speaker 1>So Gore call up Bush again, could not have been

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<v Speaker 1>a fun phone call, told them what was going on.

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<v Speaker 1>Apparently there are people that heard these calls and said

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<v Speaker 1>Bush said, uh, you know, are you really gonna withdraw

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<v Speaker 1>your concession? And Gore responded, quote, well, you don't have

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<v Speaker 1>to be sniffy about it. So Bush said, well, my

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<v Speaker 1>brother's governor Florida, and he said that he said I won.

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<v Speaker 1>And Gore said, well, let me explain something. Your younger

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<v Speaker 1>brother's not the ultimate authority on.

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<v Speaker 2>This that I think the al Gore finally came around

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<v Speaker 2>at the end. But George Bush, he sounded like a

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<v Speaker 2>cross between Yosemite Sam and a member of Leonard Skinnard.

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<v Speaker 2>That's about right, actually, now that you mentioned it, that's

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<v Speaker 2>like dead on.

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<v Speaker 3>Yeah.

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<v Speaker 1>So it was, I mean between them interpersonally, it got

0:12:48.920 --> 0:12:50.920
<v Speaker 1>a little sticky right at the beginning.

0:12:51.000 --> 0:12:54.240
<v Speaker 2>Yeah, I think George Bush even said you can't you

0:12:54.280 --> 0:12:57.640
<v Speaker 2>can't retract. You're not allowed to do that. Essentially, daddy

0:12:57.640 --> 0:13:00.640
<v Speaker 2>can he do that? So, yeah, that it was a

0:13:00.679 --> 0:13:03.080
<v Speaker 2>really big deal. I don't think that this had actually

0:13:03.120 --> 0:13:04.160
<v Speaker 2>happened before.

0:13:05.320 --> 0:13:06.680
<v Speaker 1>Not as far as I know. I think this was

0:13:06.760 --> 0:13:07.559
<v Speaker 1>sort of the first thing.

0:13:07.760 --> 0:13:10.079
<v Speaker 2>Yeah, there were a lot of first things in this election.

0:13:11.120 --> 0:13:14.839
<v Speaker 1>Yeah, so by four o'clock the networks all retract their

0:13:14.840 --> 0:13:18.560
<v Speaker 1>calls and basically this is what you know, Younger Chuck

0:13:18.600 --> 0:13:21.240
<v Speaker 1>wakes up to in West Texas, which is we don't

0:13:21.280 --> 0:13:25.800
<v Speaker 1>know who won. Tom Brokaw gets on NBC and says, quote,

0:13:26.640 --> 0:13:29.600
<v Speaker 1>we don't just have egg on our face. Oh wait,

0:13:29.800 --> 0:13:33.920
<v Speaker 1>that was al Gore. Light I'm getting all confused now.

0:13:33.960 --> 0:13:35.720
<v Speaker 2>I heard a little broke on there.

0:13:35.800 --> 0:13:37.640
<v Speaker 1>I used to do Brokall, we don't just have an

0:13:37.640 --> 0:13:40.000
<v Speaker 1>egg on our face. We've gone humlet all over our

0:13:40.040 --> 0:13:43.960
<v Speaker 1>suits at this point and our faces and everywhere else.

0:13:44.080 --> 0:13:46.520
<v Speaker 2>That was great. That was a great brocall.

0:13:46.600 --> 0:13:48.160
<v Speaker 3>And he always sounded like he was out of breath.

0:13:48.240 --> 0:13:51.240
<v Speaker 2>It wasn't that he got on, Chuck, this was four am.

0:13:51.400 --> 0:13:53.720
<v Speaker 2>He was still on from when he got on at

0:13:53.800 --> 0:13:54.720
<v Speaker 2>seven pm.

0:13:54.960 --> 0:13:56.000
<v Speaker 3>Oh this poor guy.

0:13:56.040 --> 0:13:58.520
<v Speaker 2>And Tim Russer at least just on NBC alone, are

0:13:58.559 --> 0:14:02.400
<v Speaker 2>like just dying here. But they've never seen anything like it.

0:14:02.760 --> 0:14:06.600
<v Speaker 2>And again, like, as you said, this is a big

0:14:06.640 --> 0:14:09.520
<v Speaker 2>deal in that it was really embarrassing. It was a

0:14:09.559 --> 0:14:12.240
<v Speaker 2>really big thing to call to be the network that

0:14:12.320 --> 0:14:16.320
<v Speaker 2>called the presidency, so it was equally humiliating to be

0:14:16.360 --> 0:14:18.720
<v Speaker 2>the network that had to retract it. And that happened

0:14:18.720 --> 0:14:22.760
<v Speaker 2>to all the networks. But that also had a really

0:14:22.800 --> 0:14:27.560
<v Speaker 2>big impact on public opinion. At first, they were like, well,

0:14:27.680 --> 0:14:31.480
<v Speaker 2>Gore won, so that means that if you guys called

0:14:31.480 --> 0:14:35.400
<v Speaker 2>this at before eight pm Eastern, there were still polls

0:14:35.400 --> 0:14:38.040
<v Speaker 2>opened in the West Coast, And how many Bush voters

0:14:38.040 --> 0:14:40.880
<v Speaker 2>did you discourage from turning out because you'd said Gore

0:14:40.920 --> 0:14:44.120
<v Speaker 2>already won. And then the opposite of it was that

0:14:44.160 --> 0:14:47.400
<v Speaker 2>when they said Bush won but then retracted it, people

0:14:47.400 --> 0:14:49.880
<v Speaker 2>were like, no, Bush's the winner, which made it harder

0:14:49.920 --> 0:14:53.040
<v Speaker 2>for Gore to get the public behind the recount that

0:14:53.120 --> 0:14:56.520
<v Speaker 2>he was going. There was a lot of public opinion

0:14:56.560 --> 0:15:00.880
<v Speaker 2>about this, a lot of opposition, some manufacture, some genuine

0:15:00.920 --> 0:15:05.120
<v Speaker 2>as we'll see that that really makes a big deal.

0:15:05.360 --> 0:15:07.800
<v Speaker 2>You think you think for a second, like, well, no,

0:15:07.880 --> 0:15:10.160
<v Speaker 2>it just comes down to how many who got how

0:15:10.200 --> 0:15:13.080
<v Speaker 2>many votes or who got how many electors from the

0:15:13.080 --> 0:15:17.120
<v Speaker 2>electoral College. No, Like, the public opinion has a lot

0:15:17.320 --> 0:15:22.240
<v Speaker 2>of sway in a situation like this, So everything that

0:15:22.400 --> 0:15:25.480
<v Speaker 2>happened publicly was a really big deal.

0:15:26.280 --> 0:15:29.760
<v Speaker 3>Yeah. Absolutely, Olivia who helped us out with this and.

0:15:29.760 --> 0:15:31.840
<v Speaker 2>Did a bang up training, the fantastic job.

0:15:32.920 --> 0:15:34.640
<v Speaker 1>It was keen to point out that there were, you know,

0:15:34.840 --> 0:15:37.720
<v Speaker 1>a few states that they didn't have the full results

0:15:37.840 --> 0:15:42.520
<v Speaker 1>about anyway. Oregon has very famously long had a vote

0:15:42.520 --> 0:15:45.360
<v Speaker 1>by mail system, so it took a while to get

0:15:45.400 --> 0:15:49.840
<v Speaker 1>all those votes in. It eventually went Gor's way. New

0:15:49.880 --> 0:15:53.960
<v Speaker 1>Mexico was no one knew about New Mexico until December first.

0:15:54.960 --> 0:15:58.600
<v Speaker 1>That eventually went Gor's way as well, and the Republicans

0:15:58.600 --> 0:16:00.560
<v Speaker 1>were like, should we get a recount going in New

0:16:00.600 --> 0:16:05.440
<v Speaker 1>Mexico and Wisconsin and Iowa. But they basically because the

0:16:05.520 --> 0:16:07.920
<v Speaker 1>margins were pretty low, not enough to trigger any kind

0:16:07.920 --> 0:16:10.960
<v Speaker 1>of automatic recount, but they thought about contesting those, but

0:16:11.400 --> 0:16:13.800
<v Speaker 1>they would have had to win all of the states

0:16:13.840 --> 0:16:16.920
<v Speaker 1>that they were thinking about contesting. And the writing was

0:16:16.960 --> 0:16:18.400
<v Speaker 1>on the wall that like, hey, listen, we're not going

0:16:18.480 --> 0:16:21.000
<v Speaker 1>to win all of these, so we're not going to

0:16:21.080 --> 0:16:23.880
<v Speaker 1>contest any of them. We'll just it's going to come

0:16:23.920 --> 0:16:26.120
<v Speaker 1>down to Florida, and we're going to put all of

0:16:26.120 --> 0:16:27.040
<v Speaker 1>our eggs in that basket.

0:16:27.160 --> 0:16:29.680
<v Speaker 2>Yeah, because Florida had twenty nine electoral votes and it

0:16:29.720 --> 0:16:33.240
<v Speaker 2>could it would put either one of them in the

0:16:34.640 --> 0:16:37.400
<v Speaker 2>White House. That's how close this race was that those

0:16:37.440 --> 0:16:41.160
<v Speaker 2>twenty nine electoral votes going either way did it for them.

0:16:41.680 --> 0:16:47.560
<v Speaker 2>So in Florida, if you have a margin of victory

0:16:47.560 --> 0:16:52.080
<v Speaker 2>that's under point five percent the total tally of votes,

0:16:52.720 --> 0:16:55.800
<v Speaker 2>then there has to be a recount, a machine recount

0:16:55.800 --> 0:17:00.960
<v Speaker 2>where basically you run all the ballots through again and

0:17:01.040 --> 0:17:04.680
<v Speaker 2>see what the count is. Right, that's just law. That's

0:17:04.800 --> 0:17:08.600
<v Speaker 2>point five percent. This was point zero one percent difference

0:17:08.880 --> 0:17:13.000
<v Speaker 2>out of six million votes casts in Florida in the

0:17:13.040 --> 0:17:19.520
<v Speaker 2>two thousand general election. A few hundred votes, yeah, separated

0:17:19.840 --> 0:17:24.199
<v Speaker 2>one candidate for president from another and again because whoever

0:17:24.240 --> 0:17:29.159
<v Speaker 2>won Florida became president. A few hundred votes is what

0:17:29.240 --> 0:17:32.600
<v Speaker 2>it came down to to determine who would become president

0:17:32.680 --> 0:17:33.240
<v Speaker 2>that time.

0:17:34.160 --> 0:17:36.800
<v Speaker 1>Yeah, because of how it works in the United States.

0:17:36.840 --> 0:17:39.159
<v Speaker 1>If you're not from the United States, you can go

0:17:39.200 --> 0:17:43.520
<v Speaker 1>back and listen to our Electoral College episode. You want

0:17:43.560 --> 0:17:48.080
<v Speaker 1>to get angry, I know, because no matter how you

0:17:48.080 --> 0:17:51.280
<v Speaker 1>count the votes, Al Gore won the popular vote, just

0:17:51.320 --> 0:17:55.040
<v Speaker 1>as Hillary Clinton won the popular vote in America, it

0:17:55.080 --> 0:17:57.320
<v Speaker 1>doesn't matter who gets the most votes because we have

0:17:57.440 --> 0:17:58.719
<v Speaker 1>the EC in place.

0:18:00.160 --> 0:18:02.200
<v Speaker 2>But just a quick sketch of it. Though, if anybody

0:18:02.240 --> 0:18:03.680
<v Speaker 2>doesn't actually feel it, go in and listen to the

0:18:03.720 --> 0:18:06.879
<v Speaker 2>episode again. Chuck's right, It's it's worth listening to. But

0:18:07.240 --> 0:18:10.040
<v Speaker 2>in the United States, in a state, whoever has the

0:18:10.080 --> 0:18:14.159
<v Speaker 2>most votes gets usually all of the electors that that

0:18:14.240 --> 0:18:17.080
<v Speaker 2>state has to offer. And so in reality, what you're

0:18:17.119 --> 0:18:21.200
<v Speaker 2>really running for as president is electors. So you want

0:18:21.200 --> 0:18:23.840
<v Speaker 2>to win states, and you can strategically win some states

0:18:23.880 --> 0:18:27.320
<v Speaker 2>over the others and lose the popular vote and win

0:18:27.359 --> 0:18:30.240
<v Speaker 2>the Electoral College and still become president because you got

0:18:30.280 --> 0:18:34.359
<v Speaker 2>more electors. Even though more Americans voted for the other person.

0:18:34.840 --> 0:18:39.479
<v Speaker 2>And that's the big controversy because it's super undemocratic because

0:18:39.800 --> 0:18:45.399
<v Speaker 2>the general population doesn't actually decide. Basically, strategy decides. It

0:18:45.720 --> 0:18:48.359
<v Speaker 2>doesn't always wash out to be the person who won.

0:18:48.280 --> 0:18:49.919
<v Speaker 3>The popular vote.

0:18:49.960 --> 0:18:55.520
<v Speaker 1>Well, since we're talking George Bush, should we say strategery again?

0:18:55.600 --> 0:18:56.960
<v Speaker 1>You can go back and listen to that episode and

0:18:57.000 --> 0:18:58.600
<v Speaker 1>we'll touch on that a little bit at the end.

0:18:59.119 --> 0:19:01.240
<v Speaker 1>But that's either here there, because we do have the

0:19:01.240 --> 0:19:05.360
<v Speaker 1>EC and Florida was very very close, and there were

0:19:06.000 --> 0:19:07.840
<v Speaker 1>people in the I mean, we knew it was going

0:19:07.880 --> 0:19:10.639
<v Speaker 1>to be a tough fight at that point because a

0:19:11.080 --> 0:19:15.439
<v Speaker 1>Jeb Bush is the governor of Florida, George's brother. The

0:19:15.480 --> 0:19:18.160
<v Speaker 1>Secretary of State in Florida, Catherine Harris at the time,

0:19:18.720 --> 0:19:21.520
<v Speaker 1>was co chair of the Bush campaign there. And the

0:19:21.640 --> 0:19:26.359
<v Speaker 1>state attorney general was a Gore guide, Bob Butterworth, so

0:19:26.480 --> 0:19:29.840
<v Speaker 1>nuts was even the head of the Gore campaign. So

0:19:30.280 --> 0:19:32.760
<v Speaker 1>this thing was just fraught from the jump.

0:19:33.160 --> 0:19:35.920
<v Speaker 2>Yeah, well, Chuck, I think with that it's a good

0:19:35.920 --> 0:19:36.640
<v Speaker 2>place for a break.

0:19:36.680 --> 0:19:38.800
<v Speaker 3>What do you say, All right, let's do it. We'll

0:19:38.800 --> 0:19:39.280
<v Speaker 3>get right back.

0:19:39.320 --> 0:19:39.520
<v Speaker 2>Okay.

0:20:06.640 --> 0:20:09.720
<v Speaker 3>All right, So here we are, it's November.

0:20:10.560 --> 0:20:12.520
<v Speaker 1>People don't know who the President of the United States

0:20:12.600 --> 0:20:14.880
<v Speaker 1>is going to be yet things are starting to get

0:20:14.880 --> 0:20:18.959
<v Speaker 1>pretty tense, and America is going to start learning some

0:20:19.119 --> 0:20:24.680
<v Speaker 1>very specific terms and ins and outs. As far as

0:20:24.720 --> 0:20:28.600
<v Speaker 1>to how Florida conducted their elections at the time, they

0:20:28.760 --> 0:20:31.760
<v Speaker 1>used in a lot of the counties a punch card

0:20:31.880 --> 0:20:35.480
<v Speaker 1>system where you had a little card puncher and you

0:20:35.520 --> 0:20:37.480
<v Speaker 1>would look at the cannona's name and there was a

0:20:37.520 --> 0:20:40.199
<v Speaker 1>little perforated square beside that, and you would use your

0:20:40.200 --> 0:20:43.240
<v Speaker 1>little puncher to punch that thing out. The little square

0:20:43.240 --> 0:20:44.320
<v Speaker 1>that gets removed is called.

0:20:44.160 --> 0:20:45.760
<v Speaker 3>A chad, and.

0:20:47.680 --> 0:20:52.560
<v Speaker 1>Depending on how punched out, this chad was determine whether

0:20:52.640 --> 0:20:55.440
<v Speaker 1>or not your vote was counted. And there were a

0:20:55.480 --> 0:20:58.240
<v Speaker 1>bunch of terms at the time that sort of had

0:20:58.240 --> 0:21:02.200
<v Speaker 1>to define what this all meant. A dimpled or pregnant chad,

0:21:02.280 --> 0:21:04.879
<v Speaker 1>which means you tried to punch it and it was

0:21:04.920 --> 0:21:08.399
<v Speaker 1>indented but it was still fully attached. Was a dimpled

0:21:08.440 --> 0:21:11.720
<v Speaker 1>or pregnant chad. You had the swinging door chad where

0:21:11.760 --> 0:21:16.240
<v Speaker 1>two corners are attached, and then you had a hanging

0:21:16.280 --> 0:21:18.679
<v Speaker 1>door chad, or what eventually became known as just a

0:21:18.720 --> 0:21:21.639
<v Speaker 1>hanging chad where you punch all the way through except

0:21:21.680 --> 0:21:27.159
<v Speaker 1>one little corner remains attached, and that's the situation that

0:21:27.280 --> 0:21:32.080
<v Speaker 1>determines the leader of the free world. It's not right

0:21:32.200 --> 0:21:33.080
<v Speaker 1>and weird.

0:21:33.000 --> 0:21:36.760
<v Speaker 2>But that was the situation under Florida law. If you

0:21:37.000 --> 0:21:42.440
<v Speaker 2>are an elections board in a county during a recount,

0:21:42.520 --> 0:21:44.760
<v Speaker 2>you have to try to determine what the intent was

0:21:45.119 --> 0:21:49.280
<v Speaker 2>of the voter based on the ambiguous ballot they turned in, right.

0:21:49.680 --> 0:21:53.760
<v Speaker 1>Yeah, which is huge. Like, again, the Florida law says

0:21:53.800 --> 0:21:56.720
<v Speaker 1>the intent of the voter is what matters.

0:21:56.440 --> 0:21:59.720
<v Speaker 2>Right, and that the election board during a recount has

0:21:59.760 --> 0:22:04.359
<v Speaker 2>to determine with the intendants. But there's no rules. There's

0:22:04.400 --> 0:22:09.520
<v Speaker 2>no statewide rules. There's really no rules unless a canvas

0:22:09.600 --> 0:22:14.880
<v Speaker 2>board like adopts them themselves to determine what a voter

0:22:15.000 --> 0:22:17.320
<v Speaker 2>meant based on all those different types of chads.

0:22:17.400 --> 0:22:17.560
<v Speaker 3>Right.

0:22:17.560 --> 0:22:20.760
<v Speaker 2>So they've made this up as they went along, or.

0:22:20.720 --> 0:22:24.359
<v Speaker 1>In some cases, counties already did have rules on the

0:22:24.359 --> 0:22:26.520
<v Speaker 1>books as far as chads go, like Palm Beach County.

0:22:26.600 --> 0:22:28.920
<v Speaker 2>Yes, Palm Beach County is a good example because Palm

0:22:29.000 --> 0:22:35.840
<v Speaker 2>Beach County arguably is where the entire election flipped. Yeah,

0:22:35.880 --> 0:22:38.200
<v Speaker 2>but they had a policy that they'd had for ten

0:22:38.280 --> 0:22:40.760
<v Speaker 2>years since nineteen ninety that said if you have a

0:22:40.880 --> 0:22:44.719
<v Speaker 2>dimple or pregnant chad, it doesn't count. It's a spoiled ballot,

0:22:44.800 --> 0:22:47.800
<v Speaker 2>and that vote doesn't count. But if you have any

0:22:47.880 --> 0:22:51.480
<v Speaker 2>kind of partially detached head, a swinging door, a tri corner,

0:22:51.800 --> 0:22:55.360
<v Speaker 2>a hanging chad, any of those, that counts as a vote,

0:22:55.520 --> 0:22:59.840
<v Speaker 2>Like the person clearly meant to vote using that. They

0:23:00.640 --> 0:23:03.879
<v Speaker 2>during the recount, they just abandoned that and they tried

0:23:03.880 --> 0:23:06.760
<v Speaker 2>something instead called the light test, where you would and

0:23:06.800 --> 0:23:09.000
<v Speaker 2>there's pictures of people doing this, where you would hold

0:23:09.040 --> 0:23:11.480
<v Speaker 2>the ballot up to a light source to see if

0:23:11.520 --> 0:23:13.080
<v Speaker 2>any light shone through, and if.

0:23:13.000 --> 0:23:15.639
<v Speaker 3>You get in the year two thousand, if you could.

0:23:15.480 --> 0:23:19.399
<v Speaker 2>See any light, then that counted. And they realized that

0:23:19.440 --> 0:23:22.440
<v Speaker 2>actually that totally went against the rules, that you could

0:23:22.440 --> 0:23:26.159
<v Speaker 2>have a type of hanging chad and lights still not

0:23:26.240 --> 0:23:29.520
<v Speaker 2>come through, So then that means you don't count that ballot,

0:23:29.840 --> 0:23:31.520
<v Speaker 2>and they just gave that up and went back to

0:23:31.560 --> 0:23:36.199
<v Speaker 2>the original rules. This was the kind of catastrophe that

0:23:36.359 --> 0:23:39.360
<v Speaker 2>was going on during the recount in Florida, and everyone

0:23:39.480 --> 0:23:43.360
<v Speaker 2>was reporting about every single minute of it, and the

0:23:43.520 --> 0:23:46.480
<v Speaker 2>entire country is like, what is going on? And the

0:23:46.520 --> 0:23:49.200
<v Speaker 2>people in Florida, who were in charge of all the recounts,

0:23:49.359 --> 0:23:52.879
<v Speaker 2>are for rereaking out because if you read about these boards,

0:23:52.960 --> 0:23:55.399
<v Speaker 2>they're like, they're not made for this kind of stuff.

0:23:55.400 --> 0:23:57.840
<v Speaker 2>They're not. This is all totally new, and all of

0:23:57.880 --> 0:24:00.520
<v Speaker 2>a sudden, the New York Times and the Washer Post

0:24:00.560 --> 0:24:03.600
<v Speaker 2>as standing over their shoulder watching them and reporting on it,

0:24:03.840 --> 0:24:06.520
<v Speaker 2>and they're just flipping out. So they're doing just all

0:24:06.560 --> 0:24:09.200
<v Speaker 2>sorts of goofy stuff that just doesn't make any sense

0:24:09.280 --> 0:24:11.800
<v Speaker 2>because there's just like deer in headlights.

0:24:12.080 --> 0:24:15.240
<v Speaker 1>Yeah, yeah, absolutely, And these aren't huge boards like in

0:24:15.240 --> 0:24:16.520
<v Speaker 1>one county it was like three people.

0:24:16.880 --> 0:24:19.399
<v Speaker 2>Yeah. I think that was Dade County where Miami is.

0:24:20.280 --> 0:24:23.399
<v Speaker 3>Yeah, which is just nuts. We should talk about the

0:24:23.400 --> 0:24:24.920
<v Speaker 3>butterfly ballot for right.

0:24:25.080 --> 0:24:25.800
<v Speaker 2>I don't know if I can.

0:24:27.119 --> 0:24:30.920
<v Speaker 1>This was the ballot in Palm Beach County. You sent

0:24:31.000 --> 0:24:34.880
<v Speaker 1>me a picture of what this ballot look like. I'm

0:24:34.880 --> 0:24:39.320
<v Speaker 1>a reasonably intelligent adult human and I looked at this

0:24:39.440 --> 0:24:43.000
<v Speaker 1>ballot and it confused me a little bit. You should

0:24:43.040 --> 0:24:44.840
<v Speaker 1>just look it up. Look up a picture of the

0:24:44.880 --> 0:24:47.919
<v Speaker 1>Palm Beach County butterfly ballot Bush Gore election.

0:24:48.880 --> 0:24:49.720
<v Speaker 3>But what it is.

0:24:49.760 --> 0:24:53.960
<v Speaker 1>It's candidates on two sides like butterfly wings all the

0:24:54.040 --> 0:24:57.320
<v Speaker 1>way down and in the center between all those are

0:24:57.480 --> 0:25:02.560
<v Speaker 1>the little punch holes with But here's the thing is

0:25:02.600 --> 0:25:06.080
<v Speaker 1>those if you look at the two sides, they're they're

0:25:06.119 --> 0:25:09.600
<v Speaker 1>not aligned all the straightaway across. One's a little higher

0:25:09.640 --> 0:25:11.880
<v Speaker 1>on the left, one's a little lower on the right.

0:25:12.600 --> 0:25:17.040
<v Speaker 1>And on the left, number one position is George Bush.

0:25:17.119 --> 0:25:20.200
<v Speaker 1>Right under that is Al Gore. On the right, number

0:25:20.200 --> 0:25:23.639
<v Speaker 1>one position is Pat Buchanan. But the way it aligns

0:25:23.680 --> 0:25:25.960
<v Speaker 1>and there are little arrows that point at the holes,

0:25:26.400 --> 0:25:29.760
<v Speaker 1>but it's it's confusing, and it's very it would be

0:25:29.880 --> 0:25:32.760
<v Speaker 1>very easy to think, oh no, I don't want to

0:25:32.840 --> 0:25:35.080
<v Speaker 1>vote for Bush, I want to go down one and

0:25:35.200 --> 0:25:38.000
<v Speaker 1>vote for Gore. But down one was actually on the

0:25:38.040 --> 0:25:42.000
<v Speaker 1>other side slightly lower is Pat Buchanan. And it was

0:25:42.119 --> 0:25:45.360
<v Speaker 1>just a very confusing ballot. And they found that Pat

0:25:45.400 --> 0:25:49.200
<v Speaker 1>Buchanan got about four times the vote in that county

0:25:49.240 --> 0:25:53.120
<v Speaker 1>than he did nationwide. And that that alone, and I'm

0:25:53.119 --> 0:25:55.480
<v Speaker 1>not saying no one knows what would have happened for sure,

0:25:55.880 --> 0:25:58.199
<v Speaker 1>but it was a funky looking ballot. Pat Buchanan had

0:25:58.240 --> 0:26:01.800
<v Speaker 1>a very highly skewed amount of votes, and those amount

0:26:01.800 --> 0:26:05.280
<v Speaker 1>of votes would have firmly given Al Gore victory.

0:26:05.400 --> 0:26:09.119
<v Speaker 2>Yeah, And to make it even more confusing, the candidates

0:26:09.119 --> 0:26:11.760
<v Speaker 2>were numbered. Didn't even start with one and two, It

0:26:11.840 --> 0:26:15.080
<v Speaker 2>started with three, and then Buchanan was four, Gore was five,

0:26:15.200 --> 0:26:18.920
<v Speaker 2>McReynolds was six, with Renald was a socialist. So there

0:26:19.040 --> 0:26:22.639
<v Speaker 2>was one way that you could accidentally not vote for Bush.

0:26:22.800 --> 0:26:26.280
<v Speaker 2>You would accidentally vote for Buchanan below him. There were

0:26:26.280 --> 0:26:29.040
<v Speaker 2>two ways to accidentally not vote for Gore. You could

0:26:29.080 --> 0:26:32.960
<v Speaker 2>accidentally vote for Buchanan above Gore or McReynolds below Gore.

0:26:33.520 --> 0:26:36.359
<v Speaker 2>And like you said, Pat Buchanan is very instructive. The

0:26:36.400 --> 0:26:39.440
<v Speaker 2>number of votes he got from the butterfly ballots. Even

0:26:39.480 --> 0:26:43.119
<v Speaker 2>comparing other Palm Beach County voters who voted by mail

0:26:43.280 --> 0:26:47.680
<v Speaker 2>absentee ballot that wasn't a butterfly ballot, his numbers were

0:26:48.040 --> 0:26:53.560
<v Speaker 2>way less compared to the butterfly ballot votes. So suffice

0:26:53.600 --> 0:26:55.560
<v Speaker 2>to say that a lot of people accidentally voted for

0:26:55.600 --> 0:26:58.800
<v Speaker 2>Pat Buchanan who meant to vote for Al Gore or

0:26:58.920 --> 0:27:02.640
<v Speaker 2>George Bush, but probably more al Gore because Palm Beach

0:27:02.680 --> 0:27:06.920
<v Speaker 2>County is a strongly Democratic county in Florida, all.

0:27:06.960 --> 0:27:10.160
<v Speaker 1>Right, So in Miami Dade, which I think you said

0:27:10.280 --> 0:27:14.560
<v Speaker 1>was the most populous Florida county. Initially, that three that

0:27:14.600 --> 0:27:17.080
<v Speaker 1>three person canvassing board said they were going to manually

0:27:17.160 --> 0:27:21.280
<v Speaker 1>recount six hundred and fifty thousand ballots. They realize that's

0:27:21.440 --> 0:27:24.880
<v Speaker 1>overwhelming and probably impossible because there was a looming deadline.

0:27:25.359 --> 0:27:27.359
<v Speaker 1>So they said, all right, why don't we just count

0:27:27.400 --> 0:27:30.399
<v Speaker 1>the ten thousand, seven hundred and fifty ballots that the

0:27:30.480 --> 0:27:33.480
<v Speaker 1>computer system rejected, because those are the ones that are

0:27:33.520 --> 0:27:35.879
<v Speaker 1>in question, and we feel pretty good that the other

0:27:35.960 --> 0:27:38.639
<v Speaker 1>votes had been you know, counted properly because they were

0:27:38.680 --> 0:27:45.160
<v Speaker 1>fully punched, no chad issues. The GOP leaders said, hey,

0:27:45.200 --> 0:27:48.040
<v Speaker 1>canvassing Board, you're trying to rig this in favor of Gore,

0:27:49.520 --> 0:27:52.600
<v Speaker 1>And they tried to get all the local Cuban Americans

0:27:52.680 --> 0:27:54.480
<v Speaker 1>riled up and saying like, hey, this kind of stuff

0:27:54.520 --> 0:27:57.480
<v Speaker 1>that happens under Castro, like you need to come down

0:27:57.520 --> 0:28:03.200
<v Speaker 1>here and stage a protest like this will not stand.

0:28:03.440 --> 0:28:06.440
<v Speaker 1>And what ended up happening was what was called the

0:28:06.480 --> 0:28:11.479
<v Speaker 1>Brooks Brothers Riot because it was not local Cubans. It

0:28:11.560 --> 0:28:15.760
<v Speaker 1>was not, in fact, in most cases local Floridians that

0:28:15.880 --> 0:28:20.800
<v Speaker 1>came to protest, but it was Washington DC political operatives

0:28:20.800 --> 0:28:24.320
<v Speaker 1>and insiders that came down and they gave themselves away

0:28:24.520 --> 0:28:26.280
<v Speaker 1>by the clothes that they wore. That's why it was

0:28:26.320 --> 0:28:29.200
<v Speaker 1>called the Brooks Brothers riot. People at the time were

0:28:29.240 --> 0:28:32.120
<v Speaker 1>saying like, and they were trying to deny it, saying

0:28:32.119 --> 0:28:35.240
<v Speaker 1>they were like local Floridians, and they're like, well, you're

0:28:35.320 --> 0:28:37.639
<v Speaker 1>certainly not dressed like somebody from Miami. You've got a

0:28:37.760 --> 0:28:41.760
<v Speaker 1>Brooks Brother's suit code on, sport code on, in fact,

0:28:41.960 --> 0:28:44.840
<v Speaker 1>most of you do. And they went down there and

0:28:44.880 --> 0:28:48.760
<v Speaker 1>they were successful. They gathered in the plaza, they screamed

0:28:48.800 --> 0:28:52.640
<v Speaker 1>voter fraud. They were banging on windows and handing out

0:28:52.680 --> 0:28:56.480
<v Speaker 1>crying towels and saying you're a sore loser. And it worked.

0:28:56.520 --> 0:28:59.120
<v Speaker 1>They succumbed to the pressure and stopped the recount.

0:28:59.200 --> 0:29:01.400
<v Speaker 2>Yeah. So, by the way, Ted Cruz was one of

0:29:01.400 --> 0:29:04.040
<v Speaker 2>those operatives. He was in the who was in the riot?

0:29:04.080 --> 0:29:07.360
<v Speaker 2>This state is essentially fake riot. Although if you read

0:29:07.400 --> 0:29:09.720
<v Speaker 2>an interview there's a i think a Washington Post interview

0:29:09.760 --> 0:29:13.360
<v Speaker 2>with Brad Blakeman, who is the guy who was responsible

0:29:13.400 --> 0:29:18.680
<v Speaker 2>for staging this protest and organizing it, that he sounds

0:29:18.720 --> 0:29:21.959
<v Speaker 2>like he genuinely believed that this canvassing board was trying

0:29:22.000 --> 0:29:26.080
<v Speaker 2>to throw the election to Gore, and that that really

0:29:26.080 --> 0:29:28.400
<v Speaker 2>fueled a lot of it. So it's difficult in that

0:29:28.480 --> 0:29:34.640
<v Speaker 2>respect to fault him and his group for for protesting

0:29:34.760 --> 0:29:38.320
<v Speaker 2>like that. On the other hand, it's very clear that

0:29:38.360 --> 0:29:41.760
<v Speaker 2>this Brooks brother Brother's riot, they were accused of violence

0:29:41.800 --> 0:29:47.200
<v Speaker 2>against election officials. They were at the very least very

0:29:47.240 --> 0:29:50.040
<v Speaker 2>hostile and in your face. Again, these canvassing boards are

0:29:50.080 --> 0:29:52.920
<v Speaker 2>not not cut out for this kind of life. They

0:29:52.920 --> 0:29:54.960
<v Speaker 2>didn't know what the heck they were signing up for,

0:29:55.520 --> 0:30:00.360
<v Speaker 2>and the Brooks Brothers rioters essentially intimidated them out of

0:30:00.400 --> 0:30:04.840
<v Speaker 2>this very democratic process of recounting by hand ballots that

0:30:04.880 --> 0:30:07.480
<v Speaker 2>had been rejected by the computer. There was no evidence

0:30:07.520 --> 0:30:13.400
<v Speaker 2>whatsoever that the computer was selectively rejecting Gore ballots in

0:30:13.520 --> 0:30:17.360
<v Speaker 2>order for him to come in and clinch the presidency

0:30:17.360 --> 0:30:20.560
<v Speaker 2>in a very dramatic win in Miami Dade. It doesn't

0:30:20.600 --> 0:30:24.400
<v Speaker 2>make any sense that would have favored Gore. What they

0:30:24.400 --> 0:30:27.600
<v Speaker 2>were doing was trying to stop the recount in because

0:30:27.600 --> 0:30:31.120
<v Speaker 2>Bus ahead, because Bush was ahead. That was the entire point.

0:30:31.360 --> 0:30:36.200
<v Speaker 2>On November ninth, the Secretary of State, Catherine Harris was

0:30:36.360 --> 0:30:41.280
<v Speaker 2>trying to certify the election because Bush had three hundred

0:30:41.320 --> 0:30:44.800
<v Speaker 2>and twenty seven more votes than Gore. And so what

0:30:44.840 --> 0:30:47.200
<v Speaker 2>these Republican operatives were doing in the Brooks Brothers right,

0:30:47.520 --> 0:30:51.600
<v Speaker 2>was trying to stop the count right there, to keep

0:30:51.640 --> 0:30:55.000
<v Speaker 2>George Bush's lead. That was their goal. So it seems

0:30:55.000 --> 0:30:57.880
<v Speaker 2>like Blakeman's view that what they were doing was illegal

0:30:58.040 --> 0:30:59.680
<v Speaker 2>may or may not be disingenuous.

0:30:59.720 --> 0:31:04.200
<v Speaker 1>I'm not sure, right, Yeah, So these recounts are happening,

0:31:04.240 --> 0:31:07.560
<v Speaker 1>and the Secretary of State Harris, like you said, all

0:31:07.560 --> 0:31:10.640
<v Speaker 1>of a sudden, the Florida State Supreme Court got involved

0:31:11.000 --> 0:31:13.880
<v Speaker 1>and she wanted to certify, like you said on the fourteenth,

0:31:13.880 --> 0:31:18.160
<v Speaker 1>but the Supreme Court said, no, you have to count

0:31:18.160 --> 0:31:21.880
<v Speaker 1>all the votes. You can't certify the election. You need

0:31:21.880 --> 0:31:24.000
<v Speaker 1>to count them all. You can't just throw out the

0:31:24.040 --> 0:31:27.120
<v Speaker 1>votes that are in dispute. So there are four counties

0:31:27.200 --> 0:31:29.840
<v Speaker 1>that you need to do a hand recount on. And

0:31:29.960 --> 0:31:34.320
<v Speaker 1>over the next month, between November and December, there were

0:31:34.880 --> 0:31:39.320
<v Speaker 1>more than fifty lawsuits being filed by all sides. Everyone

0:31:39.400 --> 0:31:42.760
<v Speaker 1>all over the place is filing lawsuits about recounting and

0:31:42.800 --> 0:31:47.760
<v Speaker 1>counting and deadlines and different various counties across Florida, and

0:31:47.840 --> 0:31:50.760
<v Speaker 1>eventually on December eighth, the Florida Supreme Court came out

0:31:50.800 --> 0:31:53.800
<v Speaker 1>and this is very important, and ruled four to three

0:31:54.440 --> 0:31:57.280
<v Speaker 1>that you have to count what's called the under votes,

0:31:57.360 --> 0:32:02.200
<v Speaker 1>meaning these votes that are unclear that the Bush campaign

0:32:02.240 --> 0:32:05.280
<v Speaker 1>wanted to just throw out. You got to count all

0:32:05.280 --> 0:32:07.800
<v Speaker 1>these votes, and if you haven't done that yet in

0:32:07.840 --> 0:32:13.080
<v Speaker 1>these counties, you got to do it. The Bush campaign said, well,

0:32:13.240 --> 0:32:15.800
<v Speaker 1>we don't want to count all the votes because we're ahead.

0:32:16.000 --> 0:32:19.200
<v Speaker 1>The Gore campaign said, well, great, count all of the votes.

0:32:19.320 --> 0:32:24.080
<v Speaker 1>That's a democracy at work. And so the Supreme Court

0:32:24.120 --> 0:32:27.440
<v Speaker 1>of the United States gets involved, and all of a sudden,

0:32:27.600 --> 0:32:31.280
<v Speaker 1>on December eleventh, you are getting oral arguments on the

0:32:31.280 --> 0:32:35.800
<v Speaker 1>Supreme Court of the United States about how like basically

0:32:36.520 --> 0:32:40.840
<v Speaker 1>a lot of things, chiefly one of which is should

0:32:40.840 --> 0:32:44.240
<v Speaker 1>the federal government get involved when states are supposed to

0:32:44.320 --> 0:32:45.360
<v Speaker 1>run their own elections.

0:32:45.640 --> 0:32:48.720
<v Speaker 2>Yeah, I say, we take a little break and just

0:32:48.760 --> 0:32:52.240
<v Speaker 2>prepare ourselves for the catastrophe that is Bush v.

0:32:52.400 --> 0:32:52.600
<v Speaker 1>Gore.

0:32:52.760 --> 0:33:22.440
<v Speaker 2>What do you say, let's do it so Chuck like

0:33:22.480 --> 0:33:24.880
<v Speaker 2>you said, The Florida Supreme Court said, no, you need

0:33:24.880 --> 0:33:28.240
<v Speaker 2>to handcount all of those ballots that the computers rejected

0:33:28.240 --> 0:33:32.720
<v Speaker 2>to figure out who who won. And the Bush campaign

0:33:33.040 --> 0:33:36.200
<v Speaker 2>sued to get that stopped and got it picked up

0:33:36.200 --> 0:33:41.520
<v Speaker 2>by the Supreme Court. The Supreme Court on December ninth,

0:33:41.800 --> 0:33:46.160
<v Speaker 2>issue to stay very strange. That is very unusual for

0:33:46.200 --> 0:33:50.000
<v Speaker 2>the Supreme Court to get involved in a state court ruling.

0:33:50.320 --> 0:33:52.240
<v Speaker 2>Federalism basically said, you don't do that.

0:33:52.400 --> 0:33:52.720
<v Speaker 3>Stop.

0:33:53.080 --> 0:33:57.560
<v Speaker 2>Yeah, state was stop the handcount, don't do that anymore.

0:33:58.000 --> 0:34:02.280
<v Speaker 2>And then, even more unusual, without the Bush campaign petitioning

0:34:02.280 --> 0:34:04.479
<v Speaker 2>for the Supreme Court to hear the case, the Supreme

0:34:04.480 --> 0:34:08.319
<v Speaker 2>Court agreed to hear the case, and what they did

0:34:08.680 --> 0:34:10.000
<v Speaker 2>was take this up.

0:34:10.080 --> 0:34:12.000
<v Speaker 3>It sounds confusing, yeah, but yeah.

0:34:12.080 --> 0:34:14.560
<v Speaker 2>No one in the Bush camp asked the Supreme Court

0:34:14.600 --> 0:34:17.719
<v Speaker 2>to decide on the merits of the case. And yet

0:34:17.760 --> 0:34:20.160
<v Speaker 2>the Supreme Court decided to decide on the merits of

0:34:20.200 --> 0:34:22.439
<v Speaker 2>the case. And again, this is highly unusual. A state

0:34:22.440 --> 0:34:28.279
<v Speaker 2>supreme court ruling for a state matter is pretty much

0:34:28.320 --> 0:34:33.400
<v Speaker 2>sacricanct in Supreme Court, like US Supreme Court tradition, Supreme

0:34:33.400 --> 0:34:35.320
<v Speaker 2>Court does not get involved in that kind of stuff.

0:34:35.360 --> 0:34:37.680
<v Speaker 2>And they said, hey, let's get involved in this, this

0:34:38.400 --> 0:34:39.760
<v Speaker 2>hornet's nest right now.

0:34:40.840 --> 0:34:41.640
<v Speaker 3>Yeah exactly.

0:34:41.800 --> 0:34:44.600
<v Speaker 1>So what we ended up with were a couple of

0:34:44.719 --> 0:34:49.000
<v Speaker 1>rulings there was a seven to two ruling that it

0:34:49.160 --> 0:34:53.440
<v Speaker 1>violated the equal Protection clause of the fourteenth Amendment, because

0:34:53.440 --> 0:34:57.440
<v Speaker 1>the argument from the Bush side was, hey, listen, there

0:34:57.480 --> 0:35:02.680
<v Speaker 1>isn't a codified statewide way that everyone has agreed to

0:35:02.719 --> 0:35:07.040
<v Speaker 1>do these recounts, and so that violates the equal protection clause.

0:35:07.560 --> 0:35:10.239
<v Speaker 1>And on the Gore side, he was saying, well, there

0:35:10.360 --> 0:35:12.759
<v Speaker 1>is a codified way, maybe not in the way they

0:35:12.800 --> 0:35:15.839
<v Speaker 1>do it, but the law is intent to vote and

0:35:15.880 --> 0:35:17.000
<v Speaker 1>that's on the books.

0:35:17.000 --> 0:35:18.719
<v Speaker 3>So that's how we should decide, right.

0:35:19.320 --> 0:35:21.960
<v Speaker 2>And so the idea of applying the equal protection clause

0:35:22.000 --> 0:35:27.560
<v Speaker 2>doesn't really make sense because in America every state has

0:35:27.640 --> 0:35:29.880
<v Speaker 2>different ways of voting, not just among the states but

0:35:29.920 --> 0:35:33.600
<v Speaker 2>among the counties. In an individual state, it's all over

0:35:33.640 --> 0:35:35.920
<v Speaker 2>the place, Like it's up to the county to decide

0:35:35.960 --> 0:35:38.279
<v Speaker 2>what kind of voting machines they want to use, how

0:35:38.320 --> 0:35:41.520
<v Speaker 2>many to have, Like it's up to generally the county,

0:35:41.719 --> 0:35:44.600
<v Speaker 2>if not the state. Right, So that's a really weird

0:35:44.640 --> 0:35:47.719
<v Speaker 2>thing to say, no, this particular state is violating the

0:35:47.760 --> 0:35:51.400
<v Speaker 2>equal protection clause. So we're going to say stop doing

0:35:51.440 --> 0:35:53.560
<v Speaker 2>this handcount We're going to rule in favor of that

0:35:53.640 --> 0:35:56.319
<v Speaker 2>because of the equal Protection clause, and then secondly, the

0:35:56.320 --> 0:35:58.759
<v Speaker 2>other thing about the equal protection clause, Chuck, is what

0:35:58.800 --> 0:36:02.319
<v Speaker 2>they were saying was everyone is not going to have

0:36:02.360 --> 0:36:06.360
<v Speaker 2>their vote counted because it's because of the inequity and

0:36:06.440 --> 0:36:08.640
<v Speaker 2>how you vote. So what we're gonna do is just

0:36:08.960 --> 0:36:12.960
<v Speaker 2>make sure we don't count some people's votes to protect

0:36:13.280 --> 0:36:16.800
<v Speaker 2>them and keep them equal. Doesn't make any sense whatsoever.

0:36:17.760 --> 0:36:20.040
<v Speaker 1>Yeah, And on that first point, I believe it was

0:36:20.080 --> 0:36:24.920
<v Speaker 1>either Briar or Suitor in the dissent said kind of

0:36:24.960 --> 0:36:26.960
<v Speaker 1>pointed out what you were saying. Was saying like, well, hey,

0:36:27.040 --> 0:36:31.040
<v Speaker 1>if that means that no state has a fair election, right,

0:36:31.400 --> 0:36:34.160
<v Speaker 1>because every single state and every single county, like you said,

0:36:34.239 --> 0:36:36.760
<v Speaker 1>has different like Josh Clark will one day say, he said,

0:36:37.840 --> 0:36:39.719
<v Speaker 1>has different ways of doing things. So if you say

0:36:39.719 --> 0:36:43.840
<v Speaker 1>that about this, then no state has a free election

0:36:44.080 --> 0:36:46.520
<v Speaker 1>or a fair election or whatever. Everything is called into

0:36:46.600 --> 0:36:50.719
<v Speaker 1>question and that can't be the case. The other concurring

0:36:51.080 --> 0:36:53.279
<v Speaker 1>decision was even more important, and I think we said

0:36:53.280 --> 0:36:56.440
<v Speaker 1>it was seven to two because Briar and Suitor actually,

0:36:57.200 --> 0:37:00.000
<v Speaker 1>as quote unquote liberal justices sided with the quote unquote

0:37:00.440 --> 0:37:01.600
<v Speaker 1>conservative side.

0:37:01.400 --> 0:37:03.960
<v Speaker 2>Which is so weird because it's such a bad legal argument.

0:37:04.880 --> 0:37:07.839
<v Speaker 1>I know, I don't know. Well, it's interesting. Maybe it

0:37:07.880 --> 0:37:10.080
<v Speaker 1>wasn't Suitor or Brier then that said what I said.

0:37:10.280 --> 0:37:12.200
<v Speaker 2>It was probably John Paul Stevens.

0:37:12.400 --> 0:37:15.480
<v Speaker 1>Oh, I think it was Stevens. But the concurring and

0:37:15.520 --> 0:37:18.560
<v Speaker 1>this is really the most important decision, which was a

0:37:18.600 --> 0:37:21.959
<v Speaker 1>five to four ruling on you know, I know they're

0:37:22.000 --> 0:37:25.360
<v Speaker 1>supposed to be impartial, but there were five conservative justices

0:37:25.400 --> 0:37:28.319
<v Speaker 1>at the time for liberal justices, and it ended up

0:37:28.360 --> 0:37:32.640
<v Speaker 1>a five to four concurrent ruling that not only can

0:37:32.680 --> 0:37:34.720
<v Speaker 1>you not do the recount, but like, there's no time

0:37:35.360 --> 0:37:39.080
<v Speaker 1>and because of what's called safe harbor, which is this

0:37:39.239 --> 0:37:43.239
<v Speaker 1>date a deadline for states to resolve issues over the

0:37:43.239 --> 0:37:47.480
<v Speaker 1>selection of their state electors, and that was approaching, whereas

0:37:47.520 --> 0:37:51.320
<v Speaker 1>the liberal justices said, well, hold on, that doesn't mean

0:37:51.800 --> 0:37:54.680
<v Speaker 1>that's not when they cast their vote at the Electoral College.

0:37:54.960 --> 0:37:58.000
<v Speaker 1>There's still six days after that. There's plenty A there's

0:37:58.000 --> 0:38:01.279
<v Speaker 1>plenty of time to do that. And B had you

0:38:01.400 --> 0:38:04.719
<v Speaker 1>not issued a state to begin with, they would be

0:38:04.840 --> 0:38:06.960
<v Speaker 1>done by now probably and we wouldn't have even been

0:38:07.000 --> 0:38:09.880
<v Speaker 1>called on. So we ended up causing a problem with

0:38:09.920 --> 0:38:13.160
<v Speaker 1>this stay that we are now ruling that we're now

0:38:13.239 --> 0:38:15.800
<v Speaker 1>ruling on by instituting that stay.

0:38:15.920 --> 0:38:19.120
<v Speaker 2>They caused the problem. It's really just perfectly put. They

0:38:19.280 --> 0:38:21.480
<v Speaker 2>caused the problem that they were saying was the problem,

0:38:21.560 --> 0:38:24.040
<v Speaker 2>and the reason that they were saying, you have to

0:38:24.040 --> 0:38:26.920
<v Speaker 2>stop the recount. It's too late. Isn't that nuts?

0:38:27.520 --> 0:38:27.719
<v Speaker 3>Yeah?

0:38:27.880 --> 0:38:31.200
<v Speaker 1>RBG and her very famously in her descent, usually say

0:38:31.480 --> 0:38:35.759
<v Speaker 1>I respectfully descent, and she just said I dissent, which

0:38:35.840 --> 0:38:38.279
<v Speaker 1>was doesn't sound like a big deal, but those words matter,

0:38:38.400 --> 0:38:40.920
<v Speaker 1>and it was a big deal. And she was also

0:38:41.080 --> 0:38:43.520
<v Speaker 1>like saying, hey, wait a minute, this contradicts all of

0:38:43.560 --> 0:38:47.359
<v Speaker 1>our federalist principles that this is a state matter and.

0:38:47.280 --> 0:38:49.440
<v Speaker 3>That we shouldn't get involved with this to begin with.

0:38:49.560 --> 0:38:50.520
<v Speaker 3>So it was.

0:38:50.480 --> 0:38:54.560
<v Speaker 1>A not only a landmark ruling, but one that was

0:38:54.640 --> 0:38:59.200
<v Speaker 1>just fraught with upset on all sides, up and down

0:38:59.239 --> 0:39:03.000
<v Speaker 1>the political spectrm into the citizens of the United States.

0:39:02.920 --> 0:39:06.040
<v Speaker 2>Even more suspiciously. There's a really great article from the

0:39:06.080 --> 0:39:12.960
<v Speaker 2>Nevada Law Journal from twenty twelve written by Marcus Broden,

0:39:13.760 --> 0:39:17.480
<v Speaker 2>and he points out there was a lot of books

0:39:17.480 --> 0:39:20.440
<v Speaker 2>written about this afterward, and he said that at least

0:39:20.480 --> 0:39:25.360
<v Speaker 2>three of the conservative justices had like personal what was

0:39:25.400 --> 0:39:28.040
<v Speaker 2>it called when you're supposed to accuse yourself. I guess

0:39:28.040 --> 0:39:28.680
<v Speaker 2>conflicts of.

0:39:28.600 --> 0:39:29.759
<v Speaker 3>Interest, Yeah, yeah.

0:39:29.880 --> 0:39:35.440
<v Speaker 2>One was that Scalia's Sons law firm was arguing the

0:39:35.480 --> 0:39:38.520
<v Speaker 2>case in front of the Supreme Court for the Bush side.

0:39:39.400 --> 0:39:44.680
<v Speaker 2>Another was that Clarence Thomas's wife, Ginny was looking for

0:39:44.800 --> 0:39:47.160
<v Speaker 2>it was like accepting resumes on behalf of the Heritage

0:39:47.200 --> 0:39:50.880
<v Speaker 2>Foundation to set up a Bush administration. And then thirdly,

0:39:52.320 --> 0:39:53.560
<v Speaker 2>I think Sandrade.

0:39:53.200 --> 0:39:55.200
<v Speaker 3>O'Connor, Yeah, she was trying to retire.

0:39:55.239 --> 0:39:57.680
<v Speaker 2>I think, yes, she wanted to retire, so she didn't

0:39:57.680 --> 0:39:59.279
<v Speaker 2>want Gore to win because she didn't want to have

0:39:59.320 --> 0:40:01.880
<v Speaker 2>to stay on for four more years so that a

0:40:01.960 --> 0:40:05.680
<v Speaker 2>Democrat wouldn't pick her replacement. So these three had like actual,

0:40:05.760 --> 0:40:09.160
<v Speaker 2>like personal vested interests in the outcome of this election.

0:40:09.480 --> 0:40:12.680
<v Speaker 2>Three of the five did, at least, and even putting

0:40:12.680 --> 0:40:15.800
<v Speaker 2>that aside, the fact that the Supreme Court got involved

0:40:15.840 --> 0:40:20.560
<v Speaker 2>in the first place was a terrible idea. The fact

0:40:20.560 --> 0:40:24.160
<v Speaker 2>that they decided the election was a terrible idea. The

0:40:24.239 --> 0:40:27.120
<v Speaker 2>legal idea that they ruled on was terrible. And then

0:40:27.160 --> 0:40:30.240
<v Speaker 2>the idea that anybody had even an iota of personal

0:40:30.239 --> 0:40:33.279
<v Speaker 2>interest in the outcome was a really big deal. And

0:40:33.320 --> 0:40:37.480
<v Speaker 2>today the Supreme Court is definitely under question as far

0:40:37.520 --> 0:40:41.600
<v Speaker 2>as political activism's concerned, and I'm sure it has been

0:40:41.640 --> 0:40:44.400
<v Speaker 2>for a while, but it really feels like common knowledge

0:40:44.440 --> 0:40:48.120
<v Speaker 2>these days. Yeah, in two thousand, that was really new.

0:40:48.280 --> 0:40:51.680
<v Speaker 2>That was a really big deal. People thought very very

0:40:51.719 --> 0:40:54.560
<v Speaker 2>differently about the Supreme Court in two thousand compared to

0:40:54.640 --> 0:40:55.840
<v Speaker 2>how they think about them today.

0:40:56.600 --> 0:40:59.120
<v Speaker 1>Yeah, and on those a couple of things you mentioned

0:40:59.600 --> 0:41:01.600
<v Speaker 1>Scale Son, who was part of the law firm that

0:41:01.680 --> 0:41:05.960
<v Speaker 1>argued the Bush case. He very soon after the election

0:41:06.080 --> 0:41:10.120
<v Speaker 1>was given a cabinet position, right right, And Sandrad O'Connor,

0:41:10.160 --> 0:41:13.319
<v Speaker 1>this isn't just speculation that she wanted to retire, Like,

0:41:13.480 --> 0:41:17.640
<v Speaker 1>wasn't she It was either on tape or like people

0:41:17.680 --> 0:41:19.640
<v Speaker 1>that were with her when they called it initially for

0:41:19.640 --> 0:41:23.640
<v Speaker 1>Gore like said she was like, all crap, basically, yeah,

0:41:23.800 --> 0:41:26.480
<v Speaker 1>like this means I got to work another four years.

0:41:26.520 --> 0:41:29.440
<v Speaker 2>She said, this was this is this is terrible. And

0:41:29.480 --> 0:41:32.400
<v Speaker 2>her husband explained that they had been planning on retiring

0:41:32.440 --> 0:41:33.879
<v Speaker 2>but now she couldn't if Gore won.

0:41:34.480 --> 0:41:36.799
<v Speaker 1>All right, So just want to clear up that wasn't

0:41:36.840 --> 0:41:39.080
<v Speaker 1>just like, you know, some opinion that we're living out there.

0:41:39.000 --> 0:41:41.560
<v Speaker 2>Right, and then sorry, there's one more legal thing that

0:41:41.840 --> 0:41:47.759
<v Speaker 2>Gore camp really dropped the ball because legally, the Bush

0:41:47.960 --> 0:41:51.000
<v Speaker 2>campaign had no legal standing in this matter. They weren't

0:41:51.000 --> 0:41:54.440
<v Speaker 2>the injured party. The injured party was the potentially disenfranchised

0:41:54.520 --> 0:41:57.359
<v Speaker 2>voters of Florida, not the Bush campaign. So the Bush

0:41:57.400 --> 0:42:00.799
<v Speaker 2>campaign had no standing to bring this case to the

0:42:00.800 --> 0:42:03.239
<v Speaker 2>Supreme Court in the first place. And the Gore team

0:42:03.480 --> 0:42:05.920
<v Speaker 2>didn't even mention it. And that might have been the

0:42:05.960 --> 0:42:08.560
<v Speaker 2>thing that put enough public pressure on the Supreme Court

0:42:08.840 --> 0:42:11.400
<v Speaker 2>to just toss it and say, no, whatever the Florida

0:42:11.440 --> 0:42:14.239
<v Speaker 2>Supreme Court said stays, and they just dropped the ball

0:42:14.280 --> 0:42:14.720
<v Speaker 2>that hard.

0:42:15.239 --> 0:42:18.040
<v Speaker 1>Yeah, and this isn't a surmising because we're not smart

0:42:18.160 --> 0:42:22.759
<v Speaker 1>enough legally speaking, Like multitudes of legal scholars have come

0:42:22.800 --> 0:42:25.040
<v Speaker 1>out and said, like, why didn't they argue standing like

0:42:25.080 --> 0:42:27.080
<v Speaker 1>that was what would have changed the outcome.

0:42:27.239 --> 0:42:30.239
<v Speaker 2>Yeah, it's crazy how many just small things would have

0:42:30.320 --> 0:42:31.880
<v Speaker 2>changed the outcome. Let's talk about that.

0:42:33.160 --> 0:42:38.040
<v Speaker 1>Sure, So Libya appropriately caused this autopsy report because after

0:42:38.120 --> 0:42:40.399
<v Speaker 1>something like this, they don't just go all right, well,

0:42:40.400 --> 0:42:43.200
<v Speaker 1>that went as it should go, and everything was super smooth.

0:42:43.400 --> 0:42:45.920
<v Speaker 1>I mean, regardless of who won or lost, if it

0:42:45.920 --> 0:42:47.440
<v Speaker 1>would have been Gore, it would have been the same thing.

0:42:47.480 --> 0:42:49.879
<v Speaker 1>It would have been like, boy, what a mess, right,

0:42:49.960 --> 0:42:52.120
<v Speaker 1>This is not how elections are supposed to be decided

0:42:52.120 --> 0:42:55.480
<v Speaker 1>in the United States. So afterward there were all kinds

0:42:55.480 --> 0:42:59.520
<v Speaker 1>of studies, all kinds of people writing legal papers and

0:42:59.560 --> 0:43:03.960
<v Speaker 1>just studying the data. The University of Chicago's National Opinion

0:43:04.000 --> 0:43:07.319
<v Speaker 1>Research Center, which is an independent organization, they did a

0:43:07.360 --> 0:43:11.239
<v Speaker 1>review and they said, what we found out was that

0:43:11.440 --> 0:43:16.319
<v Speaker 1>more Florida voters attempted to vote for Gore, but enough

0:43:16.320 --> 0:43:20.759
<v Speaker 1>of them, like you know, mark their ballots inappropriately, and

0:43:21.360 --> 0:43:26.520
<v Speaker 1>that not only that, but like each side would tried

0:43:26.560 --> 0:43:28.840
<v Speaker 1>to do things that would have hurt their own camp

0:43:29.080 --> 0:43:33.080
<v Speaker 1>Like I believe it was. Gore was trying to get

0:43:33.080 --> 0:43:36.799
<v Speaker 1>these four counties hand recounted that actually would have ended

0:43:36.840 --> 0:43:39.720
<v Speaker 1>up helping Bush. And at one point Bush was trying

0:43:39.760 --> 0:43:45.080
<v Speaker 1>to make the detached at two Corners vote count that

0:43:45.080 --> 0:43:48.200
<v Speaker 1>would have helped Gore. So it was just a big

0:43:48.480 --> 0:43:51.839
<v Speaker 1>play to spaghetti as far as you know, the time,

0:43:51.880 --> 0:43:55.759
<v Speaker 1>because they were all just sort of very quickly in

0:43:55.840 --> 0:43:59.360
<v Speaker 1>real time, reacting to things that they never thought they

0:43:59.400 --> 0:44:01.520
<v Speaker 1>would have to react to, and sometimes doing things that

0:44:01.560 --> 0:44:03.640
<v Speaker 1>would have even hurt their chances at winning.

0:44:03.960 --> 0:44:06.480
<v Speaker 2>Yeah, And another study found that just in Palm Beach

0:44:06.520 --> 0:44:09.640
<v Speaker 2>County alone, the over votes people who voted for more

0:44:09.680 --> 0:44:13.920
<v Speaker 2>than one person where there were just two. The ones

0:44:13.960 --> 0:44:17.799
<v Speaker 2>that went to that included Pat Buchanan. They decided about

0:44:17.880 --> 0:44:20.560
<v Speaker 2>seventy five percent of those were because of ballot design.

0:44:21.000 --> 0:44:24.480
<v Speaker 2>And I think two thousand votes would have gone to

0:44:24.680 --> 0:44:27.440
<v Speaker 2>al Gore, which would have flipped the entire state because

0:44:27.480 --> 0:44:31.040
<v Speaker 2>George Bush won Florida by five hundred and thirty seven votes. Right,

0:44:31.120 --> 0:44:35.560
<v Speaker 2>So it's not one hundred percent clear what would have happened,

0:44:36.080 --> 0:44:39.879
<v Speaker 2>because even if that recount would have gone on, other

0:44:39.960 --> 0:44:43.160
<v Speaker 2>studies have shown like no, actually Bush might have still

0:44:43.200 --> 0:44:47.600
<v Speaker 2>won based on the autopsy we conducted. So it's still

0:44:48.120 --> 0:44:50.440
<v Speaker 2>in twenty twenty three not clear who actually won the

0:44:50.480 --> 0:44:51.400
<v Speaker 2>two thousand election.

0:44:52.320 --> 0:44:55.080
<v Speaker 1>Yeah, and if you're asking yourself, like all right, Florida

0:44:55.120 --> 0:44:58.560
<v Speaker 1>had a law in place about intent to vote, as

0:44:58.680 --> 0:45:02.200
<v Speaker 1>like that's what matters. One way that you can measure

0:45:02.280 --> 0:45:05.120
<v Speaker 1>intent is like to look at that chad and see,

0:45:05.600 --> 0:45:07.880
<v Speaker 1>you know, was it clearly trying to be punched for

0:45:07.920 --> 0:45:11.080
<v Speaker 1>a candidate. Another way you can do that is as

0:45:11.120 --> 0:45:12.960
<v Speaker 1>a right to remedy. You can get in touch with

0:45:13.040 --> 0:45:16.160
<v Speaker 1>people and say, all right, you got another chance, like

0:45:16.239 --> 0:45:19.319
<v Speaker 1>it looks like you marked your ballot in an inconsistent way.

0:45:20.560 --> 0:45:23.120
<v Speaker 1>Try again. And they did this in different counties in

0:45:23.160 --> 0:45:26.279
<v Speaker 1>some counties in Florida, which it really helped. It led

0:45:26.280 --> 0:45:29.120
<v Speaker 1>to an error rate of less than one percent. But

0:45:29.360 --> 0:45:32.080
<v Speaker 1>in the only predominantly black county in the state of

0:45:32.120 --> 0:45:36.040
<v Speaker 1>Florida at the time, Gadsden County, they did not allow

0:45:36.120 --> 0:45:39.400
<v Speaker 1>them to remedy the ballots, and there was a twelve

0:45:39.440 --> 0:45:44.440
<v Speaker 1>point four percent invalidated ballot rate compared to under one percent.

0:45:44.600 --> 0:45:47.600
<v Speaker 1>So there's just hinky stuff going on all over the place.

0:45:47.840 --> 0:45:51.200
<v Speaker 2>Yeah, and Bush Fi Gore is like a toxic zombie

0:45:51.280 --> 0:45:54.120
<v Speaker 2>legal case that won't die and should have never happened

0:45:54.120 --> 0:45:56.560
<v Speaker 2>in the first place. But there is a really strange

0:45:56.600 --> 0:45:59.839
<v Speaker 2>appendage to that that we've talked about before, I think

0:46:00.040 --> 0:46:04.920
<v Speaker 2>in our Supreme Court President Judicial Precedent's episode, Yeah, I

0:46:04.960 --> 0:46:07.160
<v Speaker 2>think so, where they said that it's limited to the

0:46:07.200 --> 0:46:11.000
<v Speaker 2>present circumstances. And as that Mark Boden guy wrote in

0:46:11.000 --> 0:46:14.000
<v Speaker 2>the Nevada Law Review, they basically attached like a warning sign,

0:46:14.120 --> 0:46:17.880
<v Speaker 2>like warning, do not use this as precedent. Essentially, Supreme

0:46:17.920 --> 0:46:21.160
<v Speaker 2>courts just deciding the president here and this doesn't apply

0:46:21.239 --> 0:46:24.320
<v Speaker 2>to any other ruling because it shouldn't have happened anyway

0:46:24.360 --> 0:46:27.400
<v Speaker 2>in the first place, right, and yet it's still cited

0:46:27.440 --> 0:46:31.640
<v Speaker 2>as precedent all over the places cited by both sides actually,

0:46:31.680 --> 0:46:35.080
<v Speaker 2>even though it shouldn't be whatsoever. And that's just one

0:46:35.360 --> 0:46:39.480
<v Speaker 2>of this kind of afterlife of the two thousand election

0:46:39.600 --> 0:46:40.600
<v Speaker 2>that's still going on.

0:46:41.560 --> 0:46:45.600
<v Speaker 1>Yeah, absolutely a lot of things have changed since then.

0:46:46.320 --> 0:46:49.520
<v Speaker 1>Ralph Nader for the Green Party certainly did not win

0:46:49.560 --> 0:46:52.680
<v Speaker 1>any friends on the left because he got close to

0:46:52.680 --> 0:46:55.239
<v Speaker 1>one hundred thousand votes in Florida, you know, most of

0:46:55.280 --> 0:46:56.160
<v Speaker 1>which probably would.

0:46:55.960 --> 0:46:57.520
<v Speaker 3>Have gone to al Gore.

0:46:57.600 --> 0:47:01.680
<v Speaker 1>And he ran again even though everyone was like, I

0:47:01.800 --> 0:47:04.880
<v Speaker 1>love you, Nator, but stop screwing up the elections if

0:47:04.920 --> 0:47:07.480
<v Speaker 1>you're a Democrat, and he was like, yeah, I don't care,

0:47:07.560 --> 0:47:09.000
<v Speaker 1>you know, I believe in what I'm doing. And so

0:47:09.040 --> 0:47:12.719
<v Speaker 1>he ran again in two thousand and four. You know,

0:47:12.800 --> 0:47:15.520
<v Speaker 1>as far as mounting a third party bid, that it

0:47:15.680 --> 0:47:18.560
<v Speaker 1>certainly put a damper on that. A lot of people

0:47:18.680 --> 0:47:20.800
<v Speaker 1>say the two party system being so locked in stone

0:47:20.840 --> 0:47:24.040
<v Speaker 1>is one of the big problems in this country. And

0:47:24.600 --> 0:47:28.759
<v Speaker 1>another thing that happened was states immediately were like, oh boy,

0:47:30.000 --> 0:47:34.000
<v Speaker 1>we can't do this again. Florida for sure, and other

0:47:34.040 --> 0:47:36.520
<v Speaker 1>states were like these punch cards, like we got to

0:47:36.560 --> 0:47:38.200
<v Speaker 1>get into the we got to get with the times

0:47:38.200 --> 0:47:41.120
<v Speaker 1>here and have a more secure way of voting than

0:47:41.200 --> 0:47:43.560
<v Speaker 1>just people punching a card like it's you know, eighteen

0:47:43.640 --> 0:47:47.839
<v Speaker 1>seventy five, and you will see no more chads. All

0:47:47.880 --> 0:47:51.239
<v Speaker 1>these changes sort of nationwide from state to state, culminated

0:47:51.280 --> 0:47:55.680
<v Speaker 1>in the most recent twenty twenty election, where in Donald

0:47:55.719 --> 0:47:59.799
<v Speaker 1>Trump's own Department of Homeland Security and Cybersecurity and Infra

0:48:00.000 --> 0:48:03.799
<v Speaker 1>Structure Security Agency said was the most secure election in

0:48:03.840 --> 0:48:07.560
<v Speaker 1>American history, with no evidence that any voting system deleted

0:48:08.160 --> 0:48:11.200
<v Speaker 1>or lost votes, changed votes, or was in any way compromised.

0:48:11.760 --> 0:48:15.840
<v Speaker 1>So thankfully, so many changes were put in place to

0:48:15.880 --> 0:48:17.600
<v Speaker 1>make sure something like this didn't happen again.

0:48:17.760 --> 0:48:20.320
<v Speaker 2>Yeah, and the electoral college is kind of this weird

0:48:20.360 --> 0:48:23.439
<v Speaker 2>wonky thing that happened in the background in until two

0:48:23.480 --> 0:48:25.839
<v Speaker 2>thousand and it really kind of brought to the flour

0:48:25.960 --> 0:48:29.759
<v Speaker 2>like what a potent and also undemocratic institution this is.

0:48:30.320 --> 0:48:31.640
<v Speaker 2>And so a lot of people are like, we need

0:48:31.640 --> 0:48:33.200
<v Speaker 2>to get rid of this thing. And apparently, in a

0:48:33.280 --> 0:48:36.600
<v Speaker 2>twenty twenty poll by the Pew Organization, fifty eight percent

0:48:36.680 --> 0:48:40.200
<v Speaker 2>of American adults said they would support a constitutional amendment

0:48:40.280 --> 0:48:43.160
<v Speaker 2>that said the electoral college is nil and void.

0:48:44.000 --> 0:48:45.760
<v Speaker 3>Well, you're never going to get that on a ballot.

0:48:46.280 --> 0:48:48.920
<v Speaker 2>I don't know, man, I don't know. I don't understand

0:48:48.960 --> 0:48:52.960
<v Speaker 2>why it's not already. It is such an enormous problem.

0:48:53.520 --> 0:48:54.960
<v Speaker 1>Yeah, I wish there were more what do you call

0:48:55.000 --> 0:48:59.600
<v Speaker 1>those referendums, Yeah, where they would just let human the

0:49:00.120 --> 0:49:03.279
<v Speaker 1>or and public vote on things rather than people to

0:49:03.400 --> 0:49:04.320
<v Speaker 1>decide the things.

0:49:04.640 --> 0:49:07.359
<v Speaker 2>Well, that's what's been going on with abortion access. They've

0:49:07.440 --> 0:49:11.799
<v Speaker 2>been they've been strategically purposefully getting them on ballots that

0:49:11.960 --> 0:49:15.279
<v Speaker 2>don't have other politicians right to get people to just

0:49:15.560 --> 0:49:18.680
<v Speaker 2>vote on the one issue. Yes, yeah, and it is

0:49:18.719 --> 0:49:21.200
<v Speaker 2>a great idea because then you actually see what the

0:49:21.200 --> 0:49:23.799
<v Speaker 2>people actually think about it. You know, it's I think

0:49:23.840 --> 0:49:25.160
<v Speaker 2>that's a great idea too, Chuck.

0:49:25.880 --> 0:49:30.040
<v Speaker 1>Yeah, however, way any of it goes, let people decide,

0:49:30.640 --> 0:49:36.000
<v Speaker 1>because I think we've all seen that elected representatives, you know,

0:49:36.160 --> 0:49:38.880
<v Speaker 1>they don't always necessarily reflect the will of their people,

0:49:38.920 --> 0:49:39.640
<v Speaker 1>you know what I'm saying.

0:49:39.719 --> 0:49:42.400
<v Speaker 2>No, And another thing is, I mean pretty much everybody

0:49:42.400 --> 0:49:44.480
<v Speaker 2>on both sides can point to Congress and be like,

0:49:44.600 --> 0:49:50.040
<v Speaker 2>you guys, don't do enough these days. If voters voted

0:49:50.040 --> 0:49:53.680
<v Speaker 2>on referenda, then you know, the voters could do the

0:49:53.719 --> 0:49:56.120
<v Speaker 2>work that Congress is supposed to be doing passing laws.

0:49:56.520 --> 0:49:56.800
<v Speaker 3>Yeah.

0:49:56.880 --> 0:49:58.440
<v Speaker 1>Well, they don't want to do that because one of

0:49:58.480 --> 0:50:01.480
<v Speaker 1>those first referenda would be term limits, and they're like.

0:50:01.480 --> 0:50:02.640
<v Speaker 3>Oh no, let's not do that.

0:50:03.960 --> 0:50:04.759
<v Speaker 2>You got anything else?

0:50:05.960 --> 0:50:06.160
<v Speaker 3>Oh?

0:50:06.280 --> 0:50:08.920
<v Speaker 1>Man, I got nothing else. Can't wait till next November.

0:50:08.960 --> 0:50:09.839
<v Speaker 1>That's going me a lot of fun.

0:50:10.080 --> 0:50:14.240
<v Speaker 2>I don't know if I can do it. Chuck, Well,

0:50:14.360 --> 0:50:16.680
<v Speaker 2>since Chuck has laughed at my pain, I think everybody

0:50:16.719 --> 0:50:20.440
<v Speaker 2>it's time for listener, ma'am.

0:50:20.600 --> 0:50:23.080
<v Speaker 1>Oh, this one's a great one. This is from Dan

0:50:24.719 --> 0:50:28.440
<v Speaker 1>Sheaflin and Dan Well, I'm just gonna read it. It's

0:50:28.440 --> 0:50:30.560
<v Speaker 1>pretty amazing. I hope you saw this one. If not,

0:50:30.600 --> 0:50:33.280
<v Speaker 1>you should go look it up. Okay, hey, guys, as

0:50:33.320 --> 0:50:35.840
<v Speaker 1>I write you, I'm ensconced in the warm cab of

0:50:35.880 --> 0:50:40.239
<v Speaker 1>a Caterpillar tractor, jostling along the snow covered Ross ice

0:50:40.239 --> 0:50:44.040
<v Speaker 1>shelf on my way to the Eminson Scott South Pole station.

0:50:44.280 --> 0:50:46.000
<v Speaker 2>I did not see this.

0:50:46.000 --> 0:50:46.520
<v Speaker 3>This is cool.

0:50:46.560 --> 0:50:49.560
<v Speaker 1>He included a picture of this caravan five days ago

0:50:49.600 --> 0:50:53.560
<v Speaker 1>when we left McMurdo station on Ross Island the starting

0:50:53.560 --> 0:50:56.800
<v Speaker 1>point in the South Pole traverse. We were one thousand

0:50:56.800 --> 0:50:59.160
<v Speaker 1>and thirty eight miles from the South Pole. My current

0:50:59.200 --> 0:51:02.000
<v Speaker 1>ground speed is seven point one miles per hour, which

0:51:02.040 --> 0:51:05.080
<v Speaker 1>is a pretty good pace. Our speed can be much

0:51:05.120 --> 0:51:07.239
<v Speaker 1>slower at times, depending on snow and a variety of

0:51:07.239 --> 0:51:10.360
<v Speaker 1>other conditions. There are fourteen of us who embarked on

0:51:10.400 --> 0:51:13.440
<v Speaker 1>this twenty five to thirty day journey, each in our

0:51:13.440 --> 0:51:16.920
<v Speaker 1>own tractor. Are hauling mostly fuel to resupply the South

0:51:16.920 --> 0:51:21.560
<v Speaker 1>Pole station, but also cargo and the living modules where

0:51:21.560 --> 0:51:25.600
<v Speaker 1>we eat and sleep and use the bathroom. Our toilet

0:51:25.719 --> 0:51:30.200
<v Speaker 1>is called the in Sinnolette and you guessed it. It's

0:51:30.239 --> 0:51:34.359
<v Speaker 1>a turd burning rig, fairy glamorous. So they're in these

0:51:34.400 --> 0:51:36.839
<v Speaker 1>tractors just slow rolling it to the South Pole.

0:51:37.280 --> 0:51:38.960
<v Speaker 3>That's a make deliver supplies and fuel.

0:51:39.160 --> 0:51:40.600
<v Speaker 2>That's really amazing stuff.

0:51:41.480 --> 0:51:43.520
<v Speaker 1>He had a picture of this caravan is so cool

0:51:44.120 --> 0:51:45.600
<v Speaker 1>as you can imagine. I have a lot of time

0:51:45.640 --> 0:51:47.040
<v Speaker 1>sitting in this tractor, and quite a bit of that

0:51:47.080 --> 0:51:50.080
<v Speaker 1>time as dedicated to listening to podcast yours included. I've

0:51:50.120 --> 0:51:52.840
<v Speaker 1>been a faithful listener since twenty ten. We have a

0:51:52.840 --> 0:51:55.960
<v Speaker 1>whiteboard inside our galley and a post I post daily

0:51:56.719 --> 0:51:59.960
<v Speaker 1>a podcast recommendation and today I put up naked mole Rat.

0:52:00.040 --> 0:52:02.920
<v Speaker 1>It's a face only a mother could love, because that

0:52:02.920 --> 0:52:05.360
<v Speaker 1>one blew my mind. Guys, how can they be so interesting?

0:52:06.560 --> 0:52:08.839
<v Speaker 1>And that's from Dan Shifflin, and he says big shout

0:52:08.840 --> 0:52:11.760
<v Speaker 1>out to his wife Marcy as well as the guys

0:52:11.840 --> 0:52:15.080
<v Speaker 1>on the traverse. So, man, you don't think about people

0:52:15.080 --> 0:52:18.239
<v Speaker 1>out there doing these wacky jobs. But Dan and the

0:52:18.280 --> 0:52:20.160
<v Speaker 1>gang out there on the on the slow train are

0:52:20.200 --> 0:52:20.520
<v Speaker 1>doing it.

0:52:20.600 --> 0:52:22.759
<v Speaker 2>That's really cool. Thanks a lot, Dan. Shout out to

0:52:22.800 --> 0:52:26.200
<v Speaker 2>Marcy for putting up with Dan driving around the South

0:52:26.239 --> 0:52:30.320
<v Speaker 2>Pole on a slow train. Yeah, and thanks for the

0:52:30.360 --> 0:52:32.360
<v Speaker 2>picture too, Dan, I'm looking for I can't find it

0:52:32.440 --> 0:52:34.959
<v Speaker 2>right now, so send it to me, Chuck. I will

0:52:35.320 --> 0:52:37.240
<v Speaker 2>if you want to be like Dan and just blow

0:52:37.239 --> 0:52:40.200
<v Speaker 2>our minds with a picture of where you are or

0:52:40.239 --> 0:52:42.640
<v Speaker 2>some info about what you do. We would love that

0:52:43.200 --> 0:52:46.160
<v Speaker 2>you can blow our minds by wrapping that information up

0:52:46.239 --> 0:52:49.000
<v Speaker 2>into an email and sending it off to Stuff Podcasts

0:52:49.040 --> 0:52:52.719
<v Speaker 2>at iHeartRadio dot com.

0:52:54.120 --> 0:52:56.439
<v Speaker 1>Stuff you Should Know is a production of iHeartRadio.

0:52:56.920 --> 0:53:00.000
<v Speaker 3>For more podcasts my heart Radio, visit the iHeartRadio app,

0:53:00.320 --> 0:53:03.240
<v Speaker 3>Apple Podcasts, or wherever you listen to your favorite shows,