Coup d'Election – Cast of Characters

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Alan
Dershowitz. Brilliant,
obnoxious Harvard Law Professor, defender of butchers and traitors
and stupid voters in Palm Beach. When O. J. was accused of slicing
and dicing two people, Dershowitz demanded a recount. When
he represented O. J., Dershowitz was very concerned about the integrity
of the physical evidence. He has expressed no comparable concern
about the continual degradation of the physical evidence from the
election: the ballot cards which have been run through machines
twice, and manhandled numerous times thereafter by seasonal workers
and partisans. The more the evidence disintegrates, the more votes
Gore gets. If the punch card doesn't fit, that's no reason to quit.

Bryant
Gumbel. Formerly a harmless sports reporter; now a full of himself
liberal breakfast television personality who, in a Freudian slip,
referred to Secretary of State Katherine Harris as Jean Harris,
the murderer of the Scarsdale diet doctor (Nov. 15, 7:35 a. m.).

Carol
Roberts. Political hack, battle-axe, who looks like she's sitting
on tacks; spoke for Leninists and leftists of all eras when she
said she would try to win at all costs: ". . . what happens?
Do we go to jail? Because I’m willing to go to jail.” We can only
hope.

Katherine
Harris. Her picture is in the dictionary under courage, grace,
class, glamour. Not a hair or word or act out of place. Like Claude
Rains being, "shocked, shocked" that there's gambling
going on in Rick's nightclub, the liberal media thought it was big
news that she is a public official elected as a Republican. All
they had to do was read the Florida Constitution. The State Legislature
and the people of the State of Florida vested in her the right to
make discretionary decisions concerning elections: "The Department
of State shall have general supervision and administration of the
election laws . . ." Florida Statute 15.13. The United States
Court of Appeals for the Sixth Circuit has explicitly identified
the office of Secretary of State as "partisan" and "political"
and one whose occupant is allowed to hire and fire personnel on
explicitly political criteria. McCloud v. Testa, 97 F.3d
1536 (6th Cir. 1996).

Katherine
Harris has not, however, done anything not sanctioned by law or
by the Democratic law firm advising her. Her decision not
to accept late and fraudulent votes was upheld by a Democratic
judge. They say she wants to be an Ambassador. She’d be a great
one. She has a master's degree from Harvard in public administration
and international affairs. Let's make her Ambassador to the United
Socialist Cities, State Capitols and University Towns of America
(highlighted in blue)
.

Julian
Epstein. Democratic hack lawyer, talk show Rolodex squatter.
Described by the Washington Post as a "creature of Capitol
Hill who has spent his entire professional life as a congressional
staffer", he said that the machine recount could have an error
rate of as high as three percent. I heard that kind of talk for
a week and finally decided to pick up a calculator. Three percent
of six million is 180,000 votes! The machine recount differed from
the first machine count by only a few votes in most counties and
where it boosted Gore's totals, it
raised suspicions of chicanery
. Even so, the differential amounted
to little more than 1,000 votes. Another Big Lie bites the dust.
He also said on Saturday that Bush had lost every court case. False.
Bush won a final trial level decision on the merits upholding the
State's deadline for filing returns with the Secretary of State.
Gore has won no final trial or appellate level court decision, though
the media was suggesting the exact opposite over the weekend.

The
Florida Supreme Court. The Court stayed certification of the
vote on its own motion. Such rulings always raise the specter
of bias. But did they do it to see if Gore loses anyway and therefore
avoid having to rule at all? Or did they do it for political reasons:
to rob Bush of a public relations victory: a Saturday declaration
that he won Florida?

A
stay usually requires "irreparable harm" – harm that
cannot be remedied later. I see none here, which suggests a bias
that would be bad news for Bush. The good news for Bush: civil appeals
are denied the vast majority of the time and courts rarely reverse
administrative decisions based on an abuse of discretion. That is
because the standard of review is not whether the court agrees with
the agency decision, but whether the agency decision is substantially
without a basis in fact or law. The burden is on the Gore Campaign
to overcome a legal presumption that the Secretary of State’s ruling
was correct. An intermediate appellate court in Florida described
the standard of review this way:

"When
a public body exercises its discretionary powers within the
ambit of the laws delegated to it, it is not for the courts
to determine whether the action of that body is wise, economical
or advantageous." Jones v. Braxton, 379 So. 2d 115
(Dist. Ct. App., 1st Dist. 1979).

The
Supreme Court itself has spoken on its deferential standard of review
of administrative decisions:

"We
begin by noting the narrow scope of this Court's review . . .
We have only to determine whether [the agency's] action comports
with the essential requirements of law and is supported by substantial
competent evidence. The burden is on the appellants to overcome
the presumption of correctness attached to [agency orders]. .
. . We have long recognized that the administrative construction
of a statute by an agency or body responsible for the statute's
administration is entitled to great weight and should not be overturned
unless clearly erroneous." Pan American World Airways,
Inc. v. Florida Public Service Commission, 427 So. 2d 716
(1983).

The
Florida State Legislature set the deadline and vested the discretion
to receive late returns with the Secretary of State, not the Supreme
Court:

"If
the county returns are not received by the Department of State
by 5 p.m. of the seventh day following an election, all missing
counties shall be ignored, and the results shown by the returns
on file shall be certified." Florida Statute 102.111. "If
the returns are not received by the department by the time specified,
such returns may be ignored and the results on file at that time
may be certified by the department." Florida Statute 102.112.

Let
me put it bluntly: if Bush loses, he got hosed!

The
Right to Bear Arms. Ensconced in the U. S. and Florida constitutions;
the guarantor of the right of the people to alter or abolish the
government. No wonder they want to get rid of you, old boy. It's
hard to stage a coup d'état in a nation where
seventy million citizens own over two hundred million firearms.
Albert W. Gore, Jr., like all liberals, thinks the ultimate authority
here is the Florida Supreme Court, an elite, unelected body. However,
this law school dropout should read the first eight words of the
Florida Constitution, "All political power is inherent in the
people." If the verdict of the courts does not satisfy the
people, there could be a further appeal to what liberal hero Ulysses
S. Grant called “the highest tribunal – arms – that man
can resort to."

George
Bush. The next President of these United States. He's got too
many ways to win this thing now. He could win pretty or win ugly,
but he's going to win. Stopping the boys "over there"
from voting was the last straw. The people are ready to pull the
plug on Albert W. Gore, Jr. And Mr. President, bring the troops
"over there", home.

November
21, 2000

James
Ostrowski is an attorney practicing at 984 Ellicott Square, Buffalo,
New York 14203; (716) 854-1440; FAX 853-1303. See his website at
http://jamesostrowski.com.

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