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Jeb Bush's Recount Role Examined

Election: Though he recused himself, Gov. Bush and his staff made calls to
those involved in the election dispute.
   
By LISA GETTER, Times Staff Writer

WASHINGTON -- When it became clear that the disputed Florida election could
deliver the White House to his brother, Gov. Jeb Bush immediately recused
himself from any official role in the recount, promising to avoid even the
"slightest appearance of a conflict of interest."

He directed his staff to spend their time on government business and pledged
to do the same. Vowing that no political work would be done on the taxpayers'
dime, six staffers took unpaid leaves to volunteer on the recount.

Despite that hands-off policy, the Florida governor's office in Tallahassee
made 95 telephone calls to the George W. Bush presidential campaign, its
advisors, lawyers and staffers during the 36-day recount period, records
show. At least 10 calls came from an office number used primarily by Jeb
Bush, including one call to a private line in George W. Bush's gubernatorial
office in Austin.

Another call from Jeb Bush's number went to Karl Rove, his brother's campaign
strategist. One went to the Texas governor's chief of staff, Clay Johnson.
Another went to Michigan Gov. John Engler, who soon flew to Florida to
monitor the ballot recount in Broward County. Additional calls were logged to
cell phones assigned to Bush campaign staffers.

In an e-mail this week to The Times, Jeb Bush said he could not recall the
purpose of the calls. "I have no clue what these calls were about," he wrote.

"They most likely were return phone calls," Bush added. "In the alternative,
they could have been my assistant passing on a request for an invitation to
speak or an autographed picture. They might have been answering a request on
where to eat in Tallahassee for the hoards [sic] of Austin folks that made
their way here. They could have been for many reasons. I don't remember."

The exact nature and extent of Jeb Bush's involvement in the Florida recount
effort remains unclear, though there is no evidence to suggest he did
anything improper. The governor, who served as state chairman for his
brother's presidential campaign, has refused all interview requests to
discuss his role.

"As he said repeatedly, while he recused himself from any involvement in what
happened after Nov. 7, he did not recuse himself from his role as a brother,"
said Katie Baur, Bush's communications director.

But some supporters of former Democratic nominee Al Gore have questioned
whether Jeb Bush used his position to influence events behind the scenes
after the election. It now appears he was more involved than he has publicly
acknowledged.

The governor visited the state GOP headquarters in Tallahassee that
functioned as the Bush campaign command center for the recount at least once,
for example. He also dialed into at least one conference call with campaign
operatives, aides said. And days after the recount ended, he hired Kathleen
Shanahan, the Bush-Cheney deputy campaign manager, as his chief of staff in
Tallahassee.

"I talked to him every few days," said Al Cardenas, chairman of the Florida
Republican Party. Although Cardenas said the governor "took himself out of
the strategy end of things," he said Bush was kept abreast of developments in
each of the state's 67 counties and given a "heads up on litigation."

Randy Enwright, a political consultant to the George W. Bush campaign in
Florida, said he spoke to Jeb Bush "a couple of times" during the recount
period but said he did not recall the substance of the conversations. "He was
trying to be as objective and fair as possible," Enwright said. "But he
obviously cared about getting his brother elected."

In an effort to better understand Jeb Bush's role, The Times filed a public
records request to obtain his personal cell phone records, the visitors' log
to his mansion, his daily calendar and his phone messages during the recount.

The governor's staff contends no such records were kept, but they provided
more than 200 pages of bills from November and December detailing
long-distance phone calls made from the governor's office.

"Let's put this in perspective," Baur said. "The governor's office on average
makes nearly 15,000 to 20,000 calls a month, and if there were any personal
or political calls made during that surreal, once-in-a-lifetime, insane
couple of months, they were reimbursed."

Jeb Bush reimbursed the state treasury a total of $5.11 after The Times
sought access to his records. His chief of staff similarly wrote a check for
$14.25. One top aide paid $12. Another sent $10. Neither Bush nor his aides
provided any documentation to explain how many or which calls were not state
business.

The phone records show 34 calls from the governor's office to the Bush for
President campaign office in Miami. Six were made Nov. 22, the day the
Miami-Dade canvassing board abruptly abandoned its manual recount.

The governor's office also made a call that day to the Miami law firm that
employed Miguel De Grandy, who represented the Bush campaign before the
canvassing board. De Grandy did not return phone calls from The Times.

An additional 25 calls were made to the Washington law firm then known as
Cooper, Carvin & Rosenthal. Law firm partner Michael Carvin wrote briefs for
the George W. Bush campaign during the recount and argued his case before the
Florida Supreme Court. Several of the firm's associates flew to Tallahassee
to help.

David Thompson, a lawyer whose extension was dialed 13 times, declined to
detail the discussions. "I'm a little bit loath to comment on what I was
doing other than to say I am a Republican and I certainly supported the
governor" of Texas, he said.

Thompson added that he recalled speaking with Jeb Bush's legal staff about a
lawsuit that challenged a state law that bans convicted felons from voting.
James K. Green, a plaintiff's lawyer in the case, said there wasn't much
going on in the case "except for legal housekeeping matters" in November and
early December. A brief was due in January.

Bush's legal staff also phoned the Washington offices of the Los Angeles law
firm of Gibson, Dunn and Crutcher on Dec. 5, the day after the U.S. Supreme
Court sent the recount case back to Florida. Theodore B. Olson and a team of
lawyers from that firm worked on the case for the Bush campaign.

Yet another call went to Bush campaign spokeswoman Mindy Tucker's cell phone.
Tucker said she kept notes during those hectic days but couldn't find any
reference to the call from Jeb Bush's office.

"I have looked through stuff, and I don't remember what that phone call was,
as many times as my phone rang at that point in time," she said.

Jeb Bush communications director Baur said she might have called Tucker. "We
were getting a lot of phone calls here that we might have been referring to
the campaign." Baur said the staff was extra careful not to mix politics with
state business, especially once Bush recused himself.

Bush's recusal was noteworthy, in part, because other state officials were
highly visible in both the campaign and the recount. Democrats sharply
criticized Secretary of State Katherine Harris, a Bush partisan whose office
includes the Division of Elections, while Republicans lambasted Bob
Butterworth, the state attorney general and a Gore activist.

Jeb Bush was in a precarious political position, no matter what he did. He
had been criticized for not doing enough for his brother before the election
or for doing it wrong.

On Nov. 2, for example, a Tallahassee judge threw out a lawsuit from
Democrats that alleged Jeb Bush had misused the state seal when the Florida
GOP sent out a letter to Republican voters from the governor, urging them to
vote absentee from "the comfort of your home." Florida law at the time
required voters to have a legitimate reason for not voting at the polls.

Then, when the election came down to his own state, Jeb Bush publicly opted
out of an official role.

Although Jeb Bush's gubernatorial staff was not bound by his recusal, anyone
who worked the recount took unpaid leave "as an abundance of caution," Baur
declared in November. She said it would not be "appropriate to answer and
respond to political questions" while working for the governor.

Among the Jeb Bush aides who joined the ballot recount was Frank Jimenez,
then his chief lawyer and now his deputy chief of staff.

Bush is known as a hands-on, detail-oriented executive. Yet when Jimenez
spent Thanksgiving dinner with the governor and his family at the governor's
mansion, Jeb Bush said they talked about his dog Marvin and cat Sugar, as
well as the late Mother Teresa. Jimenez referred calls to Baur, who said
"politics never reared its ugly head" at the dinner.

"We ate turkey with a chipolte [sic] laced stuffing that was awesome," Bush
said. "We invited Frank since he could not go back to Miami to spend
Thanksgiving to be with his family."

The Florida governor also had close ties to many of the Republicans who
played key roles on his brother's behalf.

As governor, Jeb Bush had appointed four judges who served on canvassing
boards in the state. His former campaign advisor, J.M. "Mac" Stipanovitch,
acted as consultant to Secretary of State Harris during the recount. Barry
Richard, who represented him in the absentee ballot lawsuit, also represented
the presidential campaign.

In December, reporters cornered Jeb Bush in Tallahassee and asked if he was
helping his brother. "I'm interested in this," he said at the time. "I'm not
ignoring the fact that we have a historical occurrence in our midst here, but
what I do most of the time that I'm awake and focused is serve as governor."

Times staff writer Katie Howe and researcher Sunny Kaplan contributed to this
story.

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