-Caveat Lector-

------- Forwarded message follows -------
Date sent:              Mon, 11 Dec 2000 21:51:15 -0800
From:                   "eWarrior (Kurt Jonach)" <[EMAIL PROTECTED]>
Subject:                NY Times - Opinion: To Any Lengths
To:                     Steve Wingate <[EMAIL PROTECTED]>

http://www.nytimes.com/2000/12/11/opinion/11HERB.html

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TO ANY LENGTHS

New York Times Online (Opinion)
December 11, 2000
To Any Lengths
By Bob Herbert

And so the Supreme Court intervened, not with wisdom and
grace but with a clumsily wielded hammer, to protect the
interests of George W. Bush and the Republicans by thwarting
any further movement in the Florida vote toward Al Gore.

Mr. Bush and his party have made it clear to the country and
the world that their greatest fear -- the scenario they dread
above all others -- is that somehow, someway, all of the votes
legally cast in Florida would actually be counted.

They have demonstrated their willingness to go to almost any
lengths to prevent that from happening. And that resolve was
given the unfortunate imprimatur of the nation's highest court
on Saturday when, in a 5-to-4 decision, the court ordered the
hand recounts in Florida to stop.

But the Bush team's appeal to the U.S. Supreme Court, which
will hear oral arguments this morning, is just one prong of
the G.O.P.'s dangerous assault on the spirit of democracy that
has served this nation so well for so long. The truth is that
while Mr. Bush and the Republicans will be more than happy to
accept a final Supreme Court ruling in their favor, they are
already prepared to take extraordinary steps to circumvent a
ruling that goes against them.

In short, they are not willing to accept any set of circumstances
that would result in Al Gore winning the White House.

Former Secretary of State James Baker was asked on "Meet the
Press" yesterday if the Bush campaign would accept the results
of a recount in Florida if, after hearing the arguments today,
the Supreme Court ordered the recount to resume.

Mr. Baker told the moderator, Tim Russert, "Of course we'll
begin the recount again if that's the ruling of the United
States Supreme Court."

Mr. Russert said, "And will you abide by the result?"

Mr. Baker, clearly uncomfortable with the question, said:
"Well, I'm not sure I understand what you mean, `Will we abide
by the result?' The result will be there."

Mr. Baker knows as well as anyone that the Republican-controlled
Florida Legislature is poised to trash any semblance of justice
and fair play by designating its own slate of 25 presidential
electors committed to Mr. Bush if, under any scenario, Al Gore
wins the popular vote in Florida.

Mr. Baker said of the Legislature, "They have an interest here
that is a constitutional interest granted to them under Article 2
of the Constitution, and it is not up to me or anybody else to
rule that out or rule it in."

Mr. Russert said: "But your campaign has been working in concert
with them, giving them legal advice. Both sides admit it."

"Uh, Tim, we may have indeed," said Mr. Baker. "Some of our
people have been talking to them, there's no doubt about that,
because it is a constitutional remedy set forth in Article 2
of the Constitution."

In the eyes of the Republicans, the Supreme Court ruling is
the final word only if it goes against Mr. Gore.

The game is rigged. And the Democrats, who all along have been
more willing than the Republicans to adhere to standards of
fair play, are openly talking about folding their tents and
conceding the White House to Mr. Bush.

American democracy suffered a grievous wound this year in
Florida. The conservative majority on the U.S. Supreme Court
that has ranted ad nauseam about activist courts and the
infringement of states' rights turned its own philosophy on
its head by rushing in on Saturday and gratuitously stopping
a recount of votes legally cast by American citizens.

It is not unreasonable to believe that had those votes been
counted, Al Gore, who won the popular vote nationwide, would
also have won Florida and a majority in the Electoral College.

A former colleague of mine called yesterday and said: "All
the Supreme Court of Florida wanted to do was have the vote
counted. What was so wrong with that?"

The good news, of course, is that American-style democracy
is resilient enough to rebound from the Florida fiasco.
Eventually the full truth will emerge about the extent to
which the voices of voters in Florida went unheard. And the
role of the U.S. Supreme Court and the Republican Party in
silencing those voters will be a matter of public and
historical record.

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