-Caveat Lector-
WILL JEB BECOME JAILBIRD TO BOLSTER BROTHER?
Thursday,December 7,2000
By DEBORAH ORIN
HOW loony can this endless election get? Well, Jeb Bush may yet
get to go to jail - to make sure brother George W. becomes
president.
The Jeb-goes-to-jail scenario got a tad more likely yesterday
when the GOP-controlled Florida Legislature decided to start a
special session tomorrow with an eye toward picking its own Bush
electors, just in case.
Here's how it could happen. Suppose the Florida Supreme Court -
seven Democratic appointees - again rules for Al Gore and orders
the certification of 25 Gore electors.
But the court can't certify the electors on its own - presumably,
it would require the executive branch, Florida Secretary of State
Katherine Harris, to do so, and Gov. Jeb Bush to sign the Gore
certification.
It's a good guess that Jeb, and possibly Harris, would think the
court was way out of line and feel there was a constitutional
duty to refuse. That could put Jeb in contempt of court - and in
theory, at risk of jail.
"Maybe he'll get to go to jail - but for us to reach that
nightmare scenario would be an awful thing," says Northwestern
University constitutional law professor Stephen Presser.
Sure, Jeb says he'll do what the courts tell him. But when push
comes to shove, would he be the one to sign the decree for his
brother's defeat?
And there's more. If Congress has to choose between competing
Florida elector slates, federal law suggests priority goes to the
slate signed and certified by the governor - Jeb.
As it happens, such a slate already exists for George W. -
Jeb-signed and filed with the National Archives when Harris
certified Bush as the winner Nov. 26.
Harris carefully set up that certification as self-adjusting in
hopes it will stand even if Bush's victory margin changes because
the hand-counts are thrown out (his margin would rise from 537 to
930 votes).
Some scholars claim a later court-ordered slate (if it comes
before Dec. 12) could take precedence over the Jeb-Harris slate.
Republicans say no. But either way, why would Jeb sign a Gore
slate?
Besides, if the Florida state Legislature goes ahead and picks
its own set of Bush electors, Jeb would want to certify that
slate instead of a possible court-ordered Gore slate.
Now it's true that Florida Republicans may vote a Bush slate by
proclamation to spare Jeb the need to sign it. But still, Jeb
would surely balk at certifying a Gore slate and thus giving it
preference over the Legislature's Bush slate.
Sound nutty? Yup. But the prospect of a jailed Jeb isn't much
nuttier than a lot of the post-election mess that has already
come to be.
*
Assuming there is a Bush White House, word is he'll name a
high-tech exec to a high-up post - maybe a new post as tech czar
- as a symbol of concern with the new economy.
Leading prospects: Cisco CEO John Chambers, Netscape co-founder
James Barksdale and high-tech venture capitalist Floyd Kvamme.
New name on the Bush rumor mill for U.S. attorney general:
soon-to-be ex-Sen. John Ashcroft (R-Mo.) - he lost to a dead man
(Gov. Mel Carnahan) whose widow Jean will take his seat.
Ashcroft graciously refused to contest the election (it's
questionable whether a dead man can legally win a U.S. Senate
seat) so some argue tapping him as AG would signal bipartisan
reconciliation, and offer a nice contrast with Gore's
sue-to-the-max approach.
Also in the AG mix - Oklahoma Gov. Frank Keating and Montana
Gov. Marc Racicot. Given the close splits in House and Senate,
Bush isn't likely to tap any sitting GOP members of Congress for
posts. Only losers need apply.
*
No surprise that Sen. Joe Biden (D-Del.) was the first big
Democratic name to predict Gore will lose. Biden is no Gore fan
and besides, it's no secret he plans to run for president in
2004, assuming Gore does lose.
So do Sen. John Kerry (Mass.) and soon-to-be-ex-Sen. Bob Kerrey
(Neb.) and maybe House Democratic leader Dick Gephardt. But
they're staying super-loyal to Gore.
=================================================================
Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF:
*Michael Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~~~~~~~~
The Best Way To Destroy Enemies Is To Change Them To Friends
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