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Context of 'September 23, 2002: Al Gore Speaks Out against War in Iraq and Preemptive War in General'

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Part of the Westboro Baptist Church as it appears in recent years. The URL “godhatesamerica.com” is written on a banner hanging in front of the church.Part of the Westboro Baptist Church as it appears in recent years. The URL “godhatesamerica.com” is written on a banner hanging in front of the church. [Source: Ask (.com)]The Westboro Baptist Church (WBC) in Topeka, Kansas, holds its first services under the auspices of Pastor Fred Waldron Phelps. Phelps, his wife, nine of his 13 children, and their spouses and children make up the core of the WBC’s small congregation. The Southern Poverty Law Center (SPLC) will describe the church as a virtual cult led by Phelps. Phelps and his extended family members live in houses on the WBC compound in Topeka, with the houses arranged in a box formation and sharing a central backyard. [Southern Poverty Law Center, 2012] The congregation will quickly begin shedding members because of Phelps’s vitriolic preaching, and for a time Phelps will attempt to support the church by selling vacuum cleaners and baby carriages door-to-door. For years, much of the church’s income comes from Phelps’s children, who regularly sell candy door-to-door. [Southern Poverty Law Center, 4/2001]
Atmosphere of Fear, Abuse Alleged - According to one of Phelps’s estranged children, Nathan Phelps, Phelps uses violence and abuse to keep the members in line; in the SPLC’s words, “cultivating an atmosphere of fear to maintain his authority.” Nathan and his two siblings, Mark Phelps, and Dortha Bird, will later leave the church and family, and all three will allege physical and psychological abuse in multiple newspaper and television interviews. Fred Phelps will dismiss all the allegations as “a sea of fag lies.” Nathan will allege that his father beat him with a leather strap and a mattock handle until he “couldn’t lie down or sit down for a week.” They will also allege that Phelps beat his wife, forced his children to fast, and other charges. No child abuse charges brought against Phelps will ever result in convictions, usually because the children will refuse to testify out of what Nathan Phelps will call fear of reprisal. Children in the Phelps family are kept close to the church, and, the SPLC will write, “their upbringing offers them few opportunities to integrate into mainstream society. It is common to see young children from the Phelps family at WBC pickets, often holding the group’s hateful signs. These children casually use the words ‘fag’ and ‘dyke’ in interviews, and the older children report having no close friends at school. The Phelps family raises its children to hold hateful and upsetting views, and to believe that all people not in WBC will go to hell.… The children quickly grow alienated in school and in society, leading them to build relationships almost exclusively within the family. This helps to explain why nine of Fred Phelps’ 13 children have remained members of the church.” [Southern Poverty Law Center, 4/2001; Southern Poverty Law Center, 2012] Phelps, who dropped out of the fundamentalist religious Bob Jones University, was ordained as a Baptist minister at the age of 17. He met his future wife Marge Phelps after his California street ministry against dirty jokes and sexual petting was the subject of a Time magazine profile. Between 1952 and 1968 the couple will have 13 children. Phelps will go on to earn a law degree from Washburn University in 1962, though he has some difficulty being admitted to the Kansas bar because no judge will be willing to vouch for his good character. Between 1951 and 2010, Phelps will be arrested multiple times for assault, battery, threats, trespassing, disorderly conduct, and contempt of court. He will be convicted four times, but will successfully avoid prison. He will decorate his WBC compound with an enormous upside-down American flag. He will go on to vilify both liberal and conservative lawmakers, including future President Ronald Reagan, and will praise enemies of the nation such as Cuba’s Fidel Castro and Iraq’s Saddam Hussein. [Southern Poverty Law Center, 4/2001; Southern Poverty Law Center, 2012] Mark Phelps will later call his father “a small, pathetic old man” who “behaves with a viciousness the likes of which I have never seen.” All three estranged children say that Phelps routinely refers to African-Americans as “dumb n_ggers.” Bird later says, “He only started picketing in 1991, but I want people to understand that nothing’s changed, he’s been like this all along.” She will change her last name to Bird to celebrate her new-found freedom away from the family, though she will continue to live in the Topeka area. [Southern Poverty Law Center, 4/2001]
Fundamentalist Doctrine - Phelps teaches a fundamentalist version of Calvinist doctrine called “Primitive Baptist,” in which members believe that God only chooses a select few to be saved, and everyone else is doomed to burn in hell. The WBC Web site will later explain: “Your best hope is that you are among those he has chosen. Your prayer every day should be that you might be. And if you are not, nothing you say or do will serve as a substitute.”
Successful Lawsuits Help Fund Church - In 1964, Phelps will found a law firm specifically for defending the church against civil suits; the firm employs five attorneys, all children of Phelps. Phelps himself is a lawyer, but he will be disbarred in 1979 by the Kansas Supreme Court, which will find that he shows “little regard for the ethics of his profession.” The church does not solicit or accept outside donations; much of its funding comes from successful lawsuits against the Topeka city government and other organizations and individuals. The SPLC will explain, “Because the Phelps family represents WBC in court, they can put the fees they win towards supporting the church.” As of 2007, many Phelps family members will work for the state government, bringing additional revenue to the church. [Southern Poverty Law Center, 2012] Nathan Phelps will later say that his father routinely files frivolous lawsuits in the hope that his targets will settle out of court rather than face the expenditures of a bench trial. (One extreme example is a 1974 class action suit demanding $50 million from Sears over the alleged delay in delivering a television set. In 1980, Sears will settle the suit by paying Phelps $126. Another, more lucrative example is a 1978 civil rights case that earns Phelps almost $10,000 in legal fees as part of the settlement of a discrimination case.) [Southern Poverty Law Center, 4/2001]
Reviling Homosexuality - One of the central tenets of the church’s practices is the vilification of homosexuality, which the church will use to propel itself into the public eye (see June 1991 and After, 1996, June 2005 and After, September 8, 2006, October 2-3, 2006, and April 2009). The church’s official slogan is “God Hates Fags.” The church will begin its anti-gay crusade in the late 1980s with the picketing of a Topeka park allegedly frequented by homosexuals. In the early 1990s, WBC will launch its nationwide anti-gay picketing crusade. The church will win international notoriety with its picketing of the funeral of Matthew Shepard, a gay student brutally murdered in Wyoming (see October 14, 1998 and October 3, 2003). After the 9/11 attacks, the church will begin claiming that God brought about the attacks to punish America for its tolerance of homosexuality (see September 8, 2006). The church will also begin picketing the funerals of American soldiers killed in Iraq and Afghanistan in 2005, claiming that God is punishing America for tolerating homosexuality and persecuting the WBC (see June 2005 and After). The church will win notable victories in court regarding its right to protest at funerals (see March 10, 2006 and After and June 5, 2007 and After). Nations such as Canada and the United Kingdom will ban WBC members from entering their borders to engage in protest and picketing activities (see August 2008 and February 2009). [Southern Poverty Law Center, 2012; Southern Poverty Law Center, 2012] Phelps will write in an undated pamphlet detailing the “message” of the WBC: “America is doomed for its acceptance of homosexuality. If God destroyed Sodom and Gomorrah for going after fornication and homosexuality then why wouldn’t God destroy America for the same thing?” In 2001, a Topeka resident will tell an SPLC researcher: “I’m so tired of people calling him an ‘anti-gay activist.’ He’s not an anti-gay activist. He’s a human abuse machine.” [Southern Poverty Law Center, 2012] According to the Anti-Defamation League (ADL): “Though the group’s specific focus may shift over time, they believe that nearly all Americans and American institutions are ‘sinful,’ so nearly any individual or organization can be targeted. In fact, WBC members say that ‘God’s hatred is one of His holy attributes’ and that their picketing is a form of preaching to a ‘doomed’ country unable to hear their message in any other way.” [Anti-Defamation League, 2012]

Entity Tags: Fred Waldron Phelps, Matthew Shepard, Kansas Supreme Court, Mark Phelps, Dortha Bird, Marge Phelps, Anti-Defamation League, Nathan Phelps, Westboro Baptist Church, Southern Poverty Law Center

Timeline Tags: US Domestic Terrorism

The US Supreme Court rules in Richardson v. Ramirez that states may deny convicted felons the right to vote. The case originated when felons who had completed their sentences sued the California secretary of state and election officials, challenging a state constitutional provision and related statutes that permanently denied them the right to vote unless their rights were restored, on an individual basis, by court order or executive pardon. The burden is generally on the state to show a “compelling state interest” in denying a citizen the right to vote. The plaintiffs argued that California had no compelling state interest in denying them their right to vote. The plaintiffs won their case in California’s Supreme Court. However, the US Supreme Court rules that a state does not have to prove that its felony disfranchisement laws serve a compelling state interest. The Court finds that the Fourteenth Amendment exempts felony disenfranchisement laws from the burden placed on states in voting rights matters. [American Civil Liberties Union, 2012; RICHARDSON v. RAMIREZ, 418 US 24 (1974), 2012] The Court writes: “[I]t is not for us to choose one set of values over the other. If respondents are correct, and the view which they advocate is indeed the more enlightened one, presumably the people of the State of California will ultimately come around to the view. And if they do not do so, their failure is some evidence, at least, of the fact that there are two sides to the argument.” [ProCon, 10/19/2010; RICHARDSON v. RAMIREZ, 418 US 24 (1974), 2012]

Entity Tags: US Supreme Court, California Supreme Court

Timeline Tags: Civil Liberties

Nine federal judges in Kansas sign a disciplinary complaint against Reverend Fred Phelps, the head of the virulently anti-gay Westboro Baptist Church (WBC) of Topeka, Kansas (see November 27, 1955 and After). Phelps, as are many of his children and in-laws, is a lawyer. The judges add five of his children and a daughter-in-law to the complaint. The complaint alleges that the seven Phelps family members made false accusations against the judges. In 1987, Phelps’s position is weakened when he is censured for writing abusive letters to potential defendants threatening lawsuits if his demands are not met. In 1989, Phelps agrees to stop practicing law entirely in federal court, in return for his family members’ continuing privilege to practice law in those courts. His daughter Margie Phelps is suspended for practicing law in federal and state courts for one year, and his son Fred Phelps Jr. is suspended from those courts for six months. [Southern Poverty Law Center, 4/2001]

Entity Tags: Fred Phelps, Jr, Westboro Baptist Church, Margie Phelps, Fred Waldron Phelps

Timeline Tags: US Domestic Terrorism

An unusual relationship forms between the virulently anti-gay Westboro Baptist Church (WBC) of Topeka, Kansas (see November 27, 1955 and After), and the political organization of Senator Al Gore (D-TN). In 1988, WBC head Fred Phelps provides rooms in his compound for Gore’s presidential campaign workers. In 1993, Phelps’s oldest son Fred Phelps Jr. is invited to the first Clinton-Gore inauguration. But by 1998, Gore is seen as such an enemy by the WBC that its members picket the funeral of his father. [Southern Poverty Law Center, 4/2001] In 2000, Phelps Senior will say that the relationship between himself and Gore is “not what it used to be,” but he will say that he still receives Christmas cards from Gore. Phelps will attempt to explain the relationship between Gore and the WBC, saying: “He was strong pro-life, and he said he wasn’t going to accept any money from homosexual groups, and things of that nature. But there’s no question in my mind that approximately in the late 1980s or the early 1990s he made a conscious decision that he wanted to be a successful national candidate, and he sold out on some of those critical social issues, because that’s what he had to do to succeed nationally in the Democratic Party.” [Topeka Capital-Journal, 11/4/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Fred Phelps, Jr, Fred Waldron Phelps, Westboro Baptist Church

Timeline Tags: Elections Before 2000

Lawyer and ordained minister Fred Phelps, the leader of the virulently anti-gay Westboro Baptist Church (WBC) of Topeka, Kansas (see November 27, 1955 and After), runs for governor of Kansas as a Democrat. He disseminates flyers attacking other gubernatorial candidates, as well as other state politicians, in what the Southern Poverty Law Center (SPLC) will call “unusually personal terms.” He loses in the primary, winning 6.7 percent of the votes cast. [Southern Poverty Law Center, 4/2001]

Entity Tags: Southern Poverty Law Center, Westboro Baptist Church, Fred Waldron Phelps

Timeline Tags: Elections Before 2000

Signs held by a WBC picketer at the funeral of a fallen soldier.Signs held by a WBC picketer at the funeral of a fallen soldier. [Source: Eagle I Online (.com)]The virulently anti-gay Westboro Baptist Church (WBC) of Topeka, Kansas (see November 27, 1955 and After) begins what it calls its “picketing ministry,” holding controversial protests to raise awareness of the church and gain media attention. The first protest is held at Gage Park, a Topeka park that the WBC claims is a “meeting place” for homosexuals. The protests continue well into 2001. In 2012, the church will claim to have held over 40,000 protests. WBC members attend these protests bearing signs with such slogans as “God Hates Fags,” “God Hates Jews,” “Thank God for Dead Soldiers,” “Thank God for IEDs” [improvised explosive devices], and “Thank God for AIDS.” Protesters often shout vulgar and obscene epithets at mourners. The church protests many local businesses and individuals in Topeka, including picketing one restaurant every day for three years because the owner knowingly hired a lesbian employee. Jerry Berger, the owner of the restaurant, will later say that church leader Fred Phelps promises to “put you out of business” if he does not fire the employee. When Berger refuses, Phelps and the WBC hound him and the restaurant for three years until he sells the restaurant and the employee quits. Phelps and the WBC find the woman in her new job and protest her there, also. The WBC also continues to protest at the restaurant. At least one member, Shirley Phelps-Roper, often brings American flags to protests and allows her children to trample the flags during those protests, engendering even more media attention. [Southern Poverty Law Center, 4/2001; Southern Poverty Law Center, 4/2001; Southern Poverty Law Center, 2012; Anti-Defamation League, 2012] The Anti-Defamation League (ADL) will later write that it believes the group’s overriding purpose is to garner publicity for itself. “Every mention of WBC in the media is considered a victory by the group,” it will observe. [Anti-Defamation League, 2012]

Entity Tags: Westboro Baptist Church, Anti-Defamation League, Fred Waldron Phelps, Jerry Berger, Shirley Phelps-Roper

Timeline Tags: US Domestic Terrorism

Lawyer and ordained minister Fred Phelps, the leader of the virulently anti-gay Westboro Baptist Church (WBC) of Topeka, Kansas (see November 27, 1955 and After), runs for the US Senate. Though he calls his opponent a “bull dike” (a missppelled accusation that his opponent is a lesbian), Phelps wins almost 31 percent of the vote in the Democratic primary. [Southern Poverty Law Center, 4/2001] Phelps ran for governor of Kansas in 1990, and won less than seven percent of the Democratic primary vote (see 1990).

Entity Tags: Westboro Baptist Church, Fred Waldron Phelps

Timeline Tags: US Domestic Terrorism, Elections Before 2000

Members of the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) of Topeka, Kansas, are charged with eight counts of criminal defamation and other charges by Shawnee County District Attorney Joan Hamilton, charges stemming from a number of what Hamilton says are abuses and crimes committed during protests held by WBC members (see June 1991 and After). WBC leader Fred Phelps, himself a lawyer (see 1985-1989), responds by filing three lawsuits against Hamilton alleging wrongful prosecution. A court invalidates the state defamation statute, blocks further prosecution of the WBC members in the cases, and awards the church $43,000 in legal fees. Years later, an appeals court will reinstate the defamation statute, but the statute of limitations will preclude most of the charges from being refiled. All of Phelps’s lawsuits against Hamilton will eventually be thrown out of court. A second set of defamation charges filed by Hamilton in 1996 will be dropped for technical reasons. [Southern Poverty Law Center, 4/2001] The church takes revenge against Hamilton in a more personal way, somehow securing a copy of a private email from her to her husband discussing both of their extramarital affairs and making the email public. [Southern Poverty Law Center, 4/2001]

Entity Tags: Fred Waldron Phelps, Westboro Baptist Church, Joan Hamilton

Timeline Tags: US Domestic Terrorism

Protesters from the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) in Tokepa, Kansas, become part of a riot when angry passersby take umbrage at the extreme rhetoric of the protesters. Eight WBC members are hospitalized with a variety of minor injuries. The riot takes place outside the Vintage Restaurant. The WBC dubs the event “The Vintage Massacre” and begins picketing the restaurant every day, as well as places of business where Vintage employees go after leaving the restaurant in an attempt to escape the picketing. The WBC will hold a “memorial service” every March 26 hereafter in honor of the “massacre.” [Global Oneness, 2011]

Entity Tags: Westboro Baptist Church, Vintage Restaurant

Timeline Tags: US Domestic Terrorism

Benjamin Phelps, the grandson of Fred Phelps, the leader of the notoriously anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After), spits on a passerby during a protest by the church (see June 1991 and After). Benjamin Phelps is convicted of a charge of misdemeanor battery. Other WBC members found innocent in two similar cases file lawsuits against the original complainants. Another Phelps family member, Jonathan Phelps, is convicted of disorderly conduct after verbally assaulting passersby at another protest; he stood outside a theater waving a sign proclaiming “Fags: The pr_ck goes up the _ss” and screaming at passing children, “Did your daddy stick his pr_ck up your _ss last night?” His original conviction is overturned due to a legal technicality, but he is convicted in a second trial. Fred Phelps is also convicted of disorderly conduct in related incidents, when he spoke in an abusive manner to members of a birthday party hosted by local attorney John Hamilton. All of the incidents occurred outside a local restaurant in Topeka, Kansas (see March 26, 1993). Benjamin Phelps is given 12 months of probation and is required to write an essay about legally acceptable language. Fred Phelps is fined $1,000 and sentenced to 60 days in jail, but the sentences are suspended. All of the Phelpses unsuccessfully claim that they were victimized by selective prosecution and by judicial bias. [Topeka Capital-Journal, 5/24/1997; Southern Poverty Law Center, 4/2001; Global Oneness, 2011]

Entity Tags: John Hamilton, Benjamin Phelps, Fred Waldron Phelps, Jonathan Phelps, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

The virulently anti-gay Westboro Baptist Church (WBC) of Topeka, Kansas (see November 27, 1955 and After), which conducts what it calls its “picketing ministry” against churches, businesses, organizations, and individuals it does not like (see June 1991 and After), defames the rabbi of a Topeka synagogue at which it is protesting. In a press release, the WBC’s Fred Phelps says: “Rabbi Lawrence Karol is an apostate Jew who denies the faith of his fathers, militantly promotes the anal-copulating agenda of Topeka’s filthy fag community, and persecutes the Lord’s people just as his vermin ancestors did in killing the Lord Jesus Christ and their own prophets and persecuting the apo[s]tles of Christ. Hence they live filthy lives of sexual perversion, greed, violence, and oppression of the Lord’s people. This is why the vile Jews of Temple Beth Sholom promote sodomy and persecute Baptists.” [Southern Poverty Law Center, 2012]

Entity Tags: Westboro Baptist Church, Temple Beth Sholom (Topeka), Fred Waldron Phelps, Lawrence Karol

Timeline Tags: US Domestic Terrorism

1997: Anti-Gay Church Launches Hate Web Site

The virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) puts up its first Web site. It is mostly devoted to defaming and besmirching homosexuals. The site will become the well-known “God Hates Fags” site. [Southern Poverty Law Center, 4/2001]

Entity Tags: Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

Darrell Lewis, the head of the planning department for Duluth, Minnesota, turns down an offer to serve as the director of the Topeka-Shawnee County Metropolitan Planning Agency because of what he calls the “atmosphere of oppression” in Topeka, Kansas. Lewis specifically cites the efforts of the Topeka-based Westboro Baptist Church (WBC—see November 27, 1955 and After), which loudly condemns homosexuality and other practices with which it disagrees. “Because of the public nature of the job, I think I would become a target of Fred Phelps,” he says, referring to the pastor of the WBC. “I can’t subject my children to that.” Lewis is openly gay, though he says he is quiet about his sexual orientation and denies being a “gay activist.” Lewis says he was ready to take the job until December 8, 1997, when he saw a Phelps protest during a visit to Topeka. He is also concerned with the city’s failure to pass an anti-discrimination law based on sexual orientation. “Frankly, in Minnesota it [homosexuality] is not much of an issue,” Lewis says. Phelps says if his church helped persuade Lewis not to come to Topeka, then he and his church have done the city a public service. The church is serving a larger purpose, he says, by helping persuade homosexuals not to come to Topeka. Gays “can’t think straight about anything,” Phelps says, and should not be allowed in important positions. Shawnee County Commission chairman Ted Ensley says he is stunned by Lewis’s decision. He did not know about Lewis’s sexual orientation and says it would not have been an issue in deciding whether to offer Lewis the position. Topeka Mayor Joan Wagnon agrees with Ensley, saying: “It just doesn’t make any difference to me. His ideas and his credentials were wonderful. I don’t think his sexual orientation is anybody’s business but his own.” However, Commissioner Mike Meier says he is glad Lewis has decided not to take the position. Meier says he is opposed to homosexuality, and notes, “I’m not Fred Phelps, but I’m pretty damn straight.” [Topeka Capital-Journal, 12/14/1997; Topeka Capital-Journal, 12/14/1997] The WBC will stage protests in Duluth in response to Lewis’s decision. [Topeka Capital-Journal, 3/23/1998]

Entity Tags: Ted Ensley, Darrell Lewis, Fred Waldron Phelps, Mike Meier, Topeka-Shawnee County Metropolitan Planning Agency, Westboro Baptist Church, Joan Wagnon

Timeline Tags: US Domestic Terrorism

Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters.Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters. [Source: Salon]Soon after Jeb Bush (R-FL) becomes governor of Florida minority voters are increasingly purged from the Florida voting rolls. In his unsuccessful 1994 run for governor, Bush had won the animus of African-American voters by showing a lack of interest in their concerns; during one debate, when asked what he would do for Florida’s black community, he answered, “Probably nothing.” He avoided such comments in his 1998 campaign, and won the election though he secured only 10 percent of the black vote. In his first year as governor, Bush eliminates many affirmative action programs and replaces them with what he calls the “One Florida Initiative,” which in effect grants state contracts almost exclusively to white male business owners. Black legislators, led by Democratic State Senator Kendrick Meek among others and joined by the NAACP, decide that they will mount a voter registration drive—“We’ll Remember in November”—to defeat Governor Bush and his allies, and to challenge Bush’s brother, Texas Governor George W. Bush, in his drive to the presidency (see 9:54 p.m. December 12, 2000). Veteran civil rights leader Elmore Bryant later says, “We didn’t need George W. doing to the whole nation what Jeb was doing to Florida.” Some Florida NAACP officials have a nickname for the governor: “Jeb Crow.” Black voters begin registering in unprecedented numbers.
Removing Black 'Felons' from the Rolls, Keeping Other Blacks Off - Bush and his allies decide to begin focusing on convicted felons (see June 24, 1974), pivoting off of a 1997 discovery that 105 convicted felons had illegally voted in a Miami mayoral election. Under Florida law, convicted felons are ineligible to vote. Seventy-one percent of convicted felons found on county voting rolls are registered Democrats, and the majority of those are black. Bush and the Republican-led Florida legislature pushes through a sweeping voter fraud bill opposed by almost every county elections supervisor in Florida. It mandates the strict enforcement of an obsolete 1868 law that took the vote away from all former prisoners who had not received clemency from the governor’s office no matter what their crimes or their circumstances. Only 14 states do not automatically restore a convicted citizen’s civil rights upon the completion of their prison sentence; Florida is one of those states. Florida’s population is only 15 percent black, but its prison population is 54 percent black—a huge disproportion. Convicted felons who ask for clemency usually are denied such clemency, no matter how much they had managed to clean up their lives—by 2000, less than 0.5 percent of former prisoners have regained their rights to vote. Meek later says that he has helped 175 former felons apply for clemency; only nine, he will say, succeed in regaining their voting rights. 17 percent of Florida’s black voting-age males are disenfranchised as of 2000. Florida leads the nation in its number of disenfranchised voters. Moreover, Florida leads the nation in charging juveniles with felonies, thusly depriving young citizens of their rights to vote even before they are old enough to exercise them. Democratic State Senator Daryl Jones says: “And every year the Florida legislature is trying to make more crimes felonies. Why? So they can eliminate more people from the voter rolls.… It’s been going on in Tallahassee for years.” By April 1998, as Jeb Bush’s campaign for governor is in full swing, the legislature mandated a statewide push to “purge” voter rolls of a wide variety of ineligible voters—those who have moved and registered in a different county or state, those considered mentally unstable, those who are deceased, and most significantly, convicted felons who have not had their rights restored. Voters such as Willie David Whiting, a Tallahassee pastor who has never been convicted of a crime, testified that they were denied their rights to vote because the lists conflated him with felon Willie J. Whiting. The purge list parameters considered him a “derived,” or approximate, match (see November 7, 2000). Whiting had to threaten to bring his lawyer to the precinct before being allowed to vote. “I felt like I was slingshotted back into slavery,” he testified. He tried to understand why he and so many others were denied their right to vote. “Does someone have a formula for stealing this election?” he says he asked himself. Overall, the new purge lists are hugely disproportionate in including black citizens. Hillsborough County’s voting population is 15 percent black, but 54 percent of its purged voters are black. Miami-Dade County’s voting population is 20 percent black, but 66 percent of its purged voters are black. Leon County’s voting population is 29 percent black, but 55 percent of its purged voters are black (see Early Afternoon, November 7, 2000).
Privatizing the Purge - The legislature contracts out the task of providing a “purge list” to a Tallahassee firm, Professional Analytical Services and Systems, using state databases. The results are riddled with errors that would cost huge numbers of Florida voters their right to vote. In August 1998. Ethel Baxter, the Director of the Florida Division of Elections, orders county elections supervisors not to release the list to the press in order to keep the list from generating negative publicity. Instead, the state awards a second contract, this time to Boca Raton’s Database Technologies (DBT). (DBT later merges with ChoicePoint, an Atlanta firm.) DBT produces two separate lists, one in 1999 and another in 2000, that included a total of 174,583 alleged felons. Later, a small number of convicts who had been granted clemency are removed from the list. The majority of the people on the lists were black, and presumably Democrats. DBT employees referred to the people on the list as “dirtbags,” among other epithets. When citizens begin learning that they are on the lists, and begin filing complaints, DBT product manager Marlene Thorogood expresses surprise. In an email, she says, “There are just some people that feel when you mess with their ‘right to vote’ your [sic] messing with their life.” By late 1999, it becomes apparent that the DBT lists are as riddled with errors as the first lists. Thousands of Florida citizens who had never been convicted of felonies, and in many cases no crimes at all, are on the lists. Some people’s conviction dates were given as being in the future. Angry complaints by the thousands inundated county elections supervisors, who in turn complain to Tallahassee.
Handling the Complaints - The person designated to compile the list is Emmett “Bucky” Mitchell IV, an assistant general counsel to the Florida Division of Elections. Mitchell, who is later promoted to a senior position in the Department of Education a week after the November 2000 elections, claims he tries to “err on the side of caution” in listing voters to be purged. But testimony and statements from county supervisors, state officials, DBT employees, and others paint a different picture. When warned in March 1999 of the likelihood of tens of thousands of “false positives”—names that should not be on the list but are because of similarities in names, birth dates, Social Security numbers, and the like—Mitchell tells Thorogood that the primary purpose of the lists is to include as many people as possible, false positives or not. It is the job of the county supervisors, he says, to weed out the legitimate voters from the lists. When told by DBT personnel that loose parameters for the names were causing an inordinate number of false positives, Mitchell, as directed by senior government officials, actually loosens the parameters instead of tightening them, ensuring tens of thousands more names on the list, and resultingly more false positives. DBT also includes names of convicted felons from other states in making up its lists, though 36 states automatically restore their prisoners’ rights upon completion of sentences. Thusly, over 2,000 residents of other states who had served their sentences, had their rights restored, and moved to Florida now find their voting rights illegally stripped by the purge list. In May 2000, some 8,000 names, mostly those of former Texas prisoners included on a DBT list, are found to have never committed anything more than a misdemeanor. Their names are eventually removed from the lists. (Subsequent investigations find that at least one of the Texas lists came from a company headed by a heavy Republican and Bush campaign donor.) Mitchell later admits that other such lists, equally erroneous, are incorporated into the purge lists, and those names are not removed. Before the 2000 elections, an appeals process is instituted, but it is tortuously slow and inefficient. Civil Rights Commission attorney Bernard Quarterman says in February 2001 that the people who filed appeals are, in essence, “guilty until proven innocent.” In its contract, DBT promises to check every name on the list before including it by both mail and telephone verifications, but it does not, and later contracts omit that procedure. Asked by Nation reporter John Lantigua about concerns with the lists, Mitchell dismisses them, saying: “Just as some people might have been removed from the list who shouldn’t have been, some voted who shouldn’t have.” Lantigua writes: “In other words, because an ineligible person may have voted somewhere else, it was acceptable to deny a legitimate voter the right to vote.” Mitchell verifies that he himself did not set the loose parameters for the lists, but that they came from Baxter in consultation with Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After).
County Supervisors Battle the Lists - Some county elections supervisors work diligently to comb through their lists and restore legitimate citizens’ voting rights. Leon County Elections Supervisor Ion Sancho testifies after the elections, “Our experience with the lists is that they are frequently erroneous.” He tells the Civil Rights Commission that he received one list with 690 names on it; after detailed checking by himself and his staff, 657 of those names were removed. Mitchell actually tells elections supervisors not to bother with such checks. Linda Howell, the elections supervisor for Madison County, later says: “Mr. Mitchell said we shouldn’t call people on the phone, we should send letters. The best and fastest way to check these matters was by phone, personal contact, but he didn’t want that.… We shouldn’t have had to do any of this. Elections supervisors are not investigators, and we don’t have investigators. It wasn’t our responsibility at all.” The process for unfairly purged voters to clear their names is slow and inefficient, and the backlog of voters waiting to have their names cleared by the Office of Executive Clemency was anywhere from six months to a year in duration. [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).

Entity Tags: Professional Analytical Services and Systems, National Association for the Advancement of Colored People, Willie D. Whiting, Marlene Thorogood, US Commission on Civil Rights, Kendrick Meek, Katherine Harris, Bernard Quarterman, County of Hillsborough (Florida), ChoicePoint, County of Miami-Dade (Florida), Daryl Jones, John Lantigua, Database Technologies, Elmore Bryant, Ethel Baxter, John Ellis (“Jeb”) Bush, Emmett (“Bucky”) Mitchell, Ion Sancho, Florida Division of Elections, George W. Bush

Timeline Tags: 2000 Elections, Civil Liberties

Anti-gay activist Fred Phelps, pastor of the controversial Westboro Baptist Church (WBC) of Topeka, Kansas (see November 27, 1955 and After), announces his candidacy for governor. Phelps intends to run as a Democrat. Phelps ran for governor of Kansas in 1990 and won less than seven percent of the Democratic primary vote (see 1990). In 1992, he ran for Senate, again unsuccessfully, and used anti-gay slurs against his opponent (see 1992). He has also run unsuccessfully for mayor of Topeka. Phelps says Governor Bill Graves (R-KS) is wrong for allowing thousands of tax dollars to be wasted at state universities on “seminars taught by militant homosexual activists spreading gay propaganda.” Phelps says, “As governor, I would promptly close down all illegal gay and lesbian activity in Kansas, beginning with the regents schools.” He says he would eliminate all property taxes and close Washburn University’s School of Law. Aside from being a minister, Phelps is a disbarred lawyer. [Topeka Capital-Journal, 3/26/1998] Phelps is given little chance of winning the Democratic primary against challenger Tom Sawyer, a longtime member of the Kansas House of Representatives. [Associated Press, 7/20/1998] Sawyer will indeed defeat Phelps in the Democratic primary, and lose to Graves in the general election. [Kansas Secretary of State, 12/1/1998]

Entity Tags: Westboro Baptist Church, Bill Graves, Fred Waldron Phelps, Tom Sawyer

Timeline Tags: US Domestic Terrorism

James Byrd Jr.James Byrd Jr. [Source: EbonyInspired (.com)]James Byrd Jr., an African-American resident of Jasper, Texas, is murdered by three white men in what appears to be a racially motivated incident. Jasper County District Attorney Guy James Gray calls the killing “probably the most brutal I’ve ever seen” in 20 years as a prosecutor. Within hours of the attack, John William “Bill” King, Lawrence Russell Brewer, and Shawn Allen Berry are arrested and charged with murder and kidnapping. All three men have prison records and room together in a local apartment; King and Brewer are members of the white supremacist groups Aryan Nations and Confederate Knights of America, the latter an offshoot of the Ku Klux Klan. The police find racist literature in their apartment [New York Times, 6/10/1998; CNN, 7/6/1998] , including documents written by King and Brewer indicating that they intended to start a new white supremacist group of their own. [New York Times, 2/17/1999] Local Klan organizations quickly disavow any connection to the crimes. [New York Times, 6/17/1998]
Last Ride - Byrd, walking home from a bridal shower, accepts a ride from the three; by all accounts, he does not know the men. Instead of taking Byrd home, the three drive him to a wooded area, beat him, chain him by the ankles to Berry’s truck, and drag him down a rough logging road east of Jasper. The dragging tears Byrd’s body into pieces; his severed head, neck, and right arm are discovered about a mile from where the three finally dump his mangled torso. During the trial, a doctor testifies that he believes Byrd is alive and perhaps conscious until his body strikes a culvert, where his head and arm are torn from his body. Dr. Thomas Brown tells the court, “He was alive when the head, shoulder, and right arm were separated.” The local sherriff, tipped off by an anonymous phone call, finds Byrd’s remains. A trail of blood, body parts, and personal effects stretches for two miles down the road. Berry, who cooperates with police and leads them to King and Brewer, later tells investigators that Brewer sprays Byrd’s face with black paint before he and King chain him to the back of the truck. [State of Texas, 7/1/1998; CNN, 7/6/1998; CNN, 7/8/1998; CNN, 2/22/1999] Investigators find a cigarette lighter dropped at the scene, inscribed with a Klan insignia, that belongs to King. [New York Times, 6/10/1998] Experts also tie blood on the truck, and on the three men’s clothes and shoes, to Byrd. [New York Times, 2/19/1999; New York Times, 9/24/1999] Berry’s involvement surprises many area residents, who characterize him as a petty criminal who they believed was incapable of being involved in such a brutal crime. A friend says: “I never heard Shawn say anything racist. I have a lot of black friends. He has a lot of black friends. All this news has just shocked me and everyone he knows.” Friends are less surprised at the involvement of King and Brewer, both of whom they say had their racial hatred intensified during their prison terms. “The level of racism in prison is very high,” says Mark Potok of the Southern Poverty Law Center. “The truth is, you may go in completely unracist and emerge ready to kill people who don’t look like you.” [New York Times, 6/17/1998]
Funeral Draws National Attention - Dozens of civil rights leaders and national politicians join area residents at Byrd’s funeral, and call for an end to racial hatred and intolerance (see June 13, 1998).
Father Apologizes - King’s father, Ronald L. King, also a Jasper resident, releases a letter apologizing for his son’s actions. The letter reads in part: “My sympathy goes out to the Byrd family. There is no reason for a person to take the life of another, and to take it in such a manner is beyond any kind of reasoning. It hurts me deeply to know that a boy I raised and considered to be the most loved boy I knew could find it in himself to take a life. This deed cannot be undone, but I hope we can all find it in our hearts to go forward in peace and with love for all. Let us find in our hears love for our fellow man. Hate can only destroy. Again, I want to say I’m sorry.”
Clinton: Town Must 'Join Together across Racial Lines' - President Clinton calls the murder shocking and outrageous, and says the residents of Jasper “must join together across racial lines to demonstrate that an act of evil like this is not what this country is all about.… I think we’ve all been touched by it, and I can only imagine that virtually everyone who lives there is in agony at this moment.” [New York Times, 6/11/1998]
Indications of Klan Activity in Area - The mayor of Jasper, R. C. Horn, an African-American, says that the city is relatively peaceful from a racial aspect, and says the city “has a strong bind together, both black and white.” But Gary Bledsoe of the Texas chapter of the National Association for the Advancement of Colored People (NAACP) says the area of east Texas that contains Jasper has been a center of Klan activity for years. Bledsoe points to serious problems in the nearby town of Vidor, for years a de facto “white town,” that centered around integrating a housing project. Lou Ann Reed, a local cashier, says she deplores the killing: “I don’t think anybody should be treated that way, I don’t care what color they are. Not even an animal.” Reed, who is white, refuses to answer when asked if she has heard that some white residents might have sympathies with white supremacist groups; when asked if the killing surprised her, she says, “Nothing surprises me anymore.” Black residents tell reporters that harassment and physical abuse from whites is not uncommon, and there are areas in and around town they have learned not to frequent for fear of being attacked. [New York Times, 6/10/1998; New York Times, 6/11/1998] A New York Times editorial calls the murder a “lynching by pickup truck.” [New York Times, 6/14/1998] Both local Klan organizations and black militant organizations march in Jasper shortly after Byrd’s murder (see June 27, 1998).
Hate Crime - Texas authorities charge King, Brewer, and Berry with a variety of felonies, including murder and kidnapping; the addition of hate crime charges makes them eligible for the death penalty. During their trials, both Brewer and King are depicted as unrepentant white racists. King’s former supervisor, roofing contractor Dennis Symmack, says that though a quiet man, King harbors strongly racist views. “Bill was a quiet man, not a talker,” Symmack testifies, and recalls King expressing “an intense dislike of blacks.” Symmack says that according to King, “[B]lacks are different from whites and are taking over everything—taking over welfare.” Tattoo artist Johnny Mosley, a former inmate who served time with King, says that King asked for an array of racist tattoos—including one depicting the lynching of a black man and another reading “Aryan Pride”—in large part to intimidate other inmates and to avoid being sexually assaulted. [CNN, 7/6/1998; New York Times, 7/7/1998; New York Times, 2/19/1999; CNN, 2/22/1999; New York Times, 2/24/1999] During the trial, King claims that the crime was not racially motivated, but was impelled by Berry’s desire to buy drugs from Byrd; additionally, he claims that Berry’s abuse of steroids prompted the brutalization of their victim, and that he himself had nothing to do with assaulting Byrd. Authorities find King’s claims entirely baseless [New York Times, 11/12/1998] ; instead, prosecutors tell the court that King wanted to start his own white supremacist group, and targeted Byrd as a way to shine attention on himself and gain members. [New York Times, 2/17/1999; CNN, 2/22/1999] During his trial, Brewer attempts to blame Berry for the actual murder, an argument that the jury disregards in favor of a letter written by Brewer bragging about his role in the murder and saying: “Well, I did it. And no longer am I a virgin. It was a rush, and I’m still licking my lips for more.” [New York Times, 9/24/1999] All three are found guilty; King and Brewer are sentenced to death, and Berry receives life in prison with no chance of parole until 2039. Both King and Brewer later write racist graffiti on the walls of their jail cells. In a jailhouse letter to Brewer, King will write of his pride in the crime, and accepts the fact that he may die for it. “Regardless of the outcome of this, we have made history,” King says in the letter intercepted by jail officials. “Death before dishonor. Sieg Heil!” [New York Times, 11/18/1998; New York Times, 2/17/1999; New York Times, 2/19/1999; New York Times, 2/24/1999; New York Times, 9/24/1999] During the closing arguments of King’s trial, Gray discusses the concept of violent racism: “It’s something that’s a virus. It’s something that’s dangerous. It’s something that spreads from one person to another.” [New York Times, 2/24/1999]
Murders Sparks Hate-Crime Legislation - The murder of Byrd and a subsequent murder of a gay Colorado student, Matthew Shepard (see October 9, 1998 and After), will be a catalyst for the passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (see October 28, 2009).

Entity Tags: Thomas Brown, William Jefferson (“Bill”) Clinton, Shawn Allen Berry, James Byrd, Jr, Confederate Knights of America, Gary Bledsoe, Dennis Symmack, Ronald L. King, Aryan Nations, Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, James Gray, Ku Klux Klan, Lawrence Russell Brewer, Lou Ann Reed, Mark Potok, John William (“Bill”) King, R.C. Horn

Timeline Tags: US Domestic Terrorism

Matthew Shepard.Matthew Shepard. [Source: BilEric Project]Matthew Shepard, a 21-year-old college student, is murdered on the outskirts of Laramie, Wyoming. Shepard, who is openly gay, is found brutally beaten, burned, and tied to a fence, where he hung, comatose, for some 18 hours before being found. He is rushed to a local hospital, but dies five days later. Local residents Aaron McKinney and Russell Henderson are quickly charged with Shepard’s death. Because of the extreme brutalization they inflicted on Shepard, prosecutors chararcterize the murder as a hate crime: according to the charges, the two killed Shepard because of their hatred of homosexuals. [New York Times, 10/10/1998; ABC News, 11/26/2004] The girlfriends of the two accused murderers are also arrested and charged as accomplices after the fact, but the charges are mitigated after they cooperate with the investigation. [New York Times, 10/10/1998] Investigators quickly learn that Shepard had been beaten twice in recent months by other Laramie residents who, he said, attacked him because of his homosexuality. [CNN, 10/12/1998] “He was very open about his sexuality,” says a friend, anthropology student Tina LaBrie. “I admired him for that because it is very courageous to be yourself even when others disagree.” [New York Times, 10/10/1998]
Fatal Truck Ride - Henderson and McKinney approach Shepard at a bar with the intention of robbing him. According to the two, Shepard, unaware of their plans, tells them he is too drunk to drive and asks for a ride. In some versions of the events, McKinney and Henderson represent themselves as gay in order to entice Shepard into the truck. The three climb into McKinney’s pickup; Henderson drives. McKinney will claim that at some point during the ride Shepard places his hand on McKinney’s leg. It is then that McKinney strikes Shepard with a .357 Magnum pistol. However, McKinney later says, “I was getting ready to pull it on him anyway.” (In 1999, Henderson will admit that McKinney lied about the sexual advance from Shepard, and say that Shepard never touched either man. And tapes of McKinney’s post-arrest confession bear out Henderson’s denial.) McKinney tells Shepard: “Guess what? I’m not gay—and you just got jacked.” McKinney forces Shepard to give him his wallet, which only has $30 in it. McKinney continues pistol-whipping Shepard; prosecutors will say that McKinney continues beating Shepard because of his hatred for gays, but McKinney will later claim he loses control of himself because he is high on methamphetamine, saying: “Sometimes when you have that kind of rage going through you, there’s no stopping it. I’ve attacked my best friends coming off of meth binges.” McKinney and Henderson drive to a secluded spot outside Laramie where they can dump Shepard and flee. They stop at a wooden fence, where Henderson ties Shepard to the fence with a length of rope while McKinney continues to beat Shepard. Henderson later claims McKinney strikes him in the face when he tries to stop McKinney from continuing to assault Shepard. After tying Shepard to the fence, Henderson returns to the truck, leaving McKinney alone with Shepard. McKinney later says he believes it is his final blows to Shepard that ultimately kill him. [New York Times, 10/18/1998; Salon, 11/6/1999; ABC News, 11/26/2004] Sergeant Rob DeBree, the chief investigator in the case, will later say, “That is one thousand percent torture, what occurred to that boy.” [Salon, 11/6/1999]
Altercation in Parking Lot Alerts Police to Murder - McKinney takes Shepard’s wallet and shoes, gets back in the truck, and tells Henderson to return to Laramie. McKinney later says his intention was to burglarize Shepard’s apartment. However, McKinney and Henderson meet up with two other young men whom police say are vandalizing cars; McKinney attacks the two men, attracting police attention. Police Sergeant Flint Waters runs down Henderson; after apprehending him, he sees several incriminating items in the bed of Henderson’s truck, including a bloodied large-frame revolver, a coat, a shoe, and a length of rope. Waters later says, “Seeing that the gun covered in blood, I assumed that there was a lot more going on than what we’d stumbled onto so far.” [ABC News, 11/26/2004] The two assailants’ girlfriends attempt to cover for them, inventing an alibi for them and throwing Henderson’s bloodied clothing into a trash bin. McKinney’s girlfriend, Kristen Price, says of Henderson after the murder: “He was crying, and he kept throwing up. He just came in and hugged me, and said, ‘I’ve done something horrible. I deserve to die.’” [New York Times, 10/16/1998]
Discovery - Aaron Kreifels, a fellow University of Wyoming student, finds Shepard by chance after struggling to get his mountain bike through the sandy, rugged terrain. He later tells a Denver Post reporter: “I got up and noticed something out of the corner of my eye. At first I thought it was a scarecrow, so I didn’t think much of it. Then I went around and noticed it was a real person. I checked to see if he was conscious or not, and when I found out he wasn’t, I ran and got help as fast as I could.” Kreifels reaches a house in the nearby Sherman Hills subdivision and calls police. As to Shepard’s condition, he will say, “I don’t really want to go into details about that.” Of the two assailants, Kreifels will say: “I can’t even grasp what these people were thinking, how they could do such a thing. There’s no excuse for it. Whatever their excuse is, it’s meaningless, because there’s just no excuse for taking another’s life.” [Denver Post, 10/15/1988] McKinney’s girlfriend briefly attempts to blame Shepard for the attack, claiming Shepard had made a pass at her boyfriend in recent days, and embarrassed him in front of his friends. [New York Times, 10/12/1998]
Father of Assailant: Gay Victim Caused Increased Media Coverage - The father of one of the assailants, Bill McKinney, condemns the attack, but also complains about the attention Shepard’s murder receives in the media. The national press “blew it totally out of proportion because it involved a homosexual,” McKinney tells a Denver reporter. “Had this been a heterosexual these two boys decided to take out and rob, this never would have made the national news.” [New York Times, 10/12/1998]
Funeral - Anti-gay protesters will picket Shepard’s funeral, displaying signs such as “God Hates Fags” and “Matt Shepard Rots in Hell” (see October 14, 1998).
Hate Crime - The question of whether Shepard’s murder qualifies as a “hate crime” is hotly debated in the weeks following the murder (see October 9, 1998 and After).
Multiple Life Sentences - McKinney and Henderson are found guilty of murder, kidnapping, and, in McKinney’s case, aggravated robbery. They accept double life sentences, in a plea deal agreed to by Shepard’s family, in order to escape the possibility of a death sentence. They waive their right to appeal as part of their plea deal. “Bottom line, Aaron was afraid he was going to die,” DeBree later says. [Salon, 11/5/1999; Salon, 11/6/1999; ABC News, 11/26/2004] Dennis Shepard, the father of the victim, speaks for the family in court. “I would like nothing better than to see you die, Mr. McKinney,” he says. “However, this is the time to begin the healing process. To show mercy to someone who refused to show any mercy. To use this as the first step in my own closure about losing Matt.… Mr. McKinney, I give you life in the memory of one who no longer lives. May you have a long life and may you thank Matthew every day for it.” [Salon, 11/5/1999]
Triggers Legislation - Shepard’s death will be a catalyst for the passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (see October 28, 2009). Shepard’s mother will create a foundation in her son’s name dedicated to promoting tolerance and diversity. And Shepard’s story will be retold in documentaries, television movies, and a play called “The Laramie Project,” which will often be performed in schools to address the issues of hate and prejudice. [ABC News, 11/26/2004]

Entity Tags: Dennis Shepard, Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, Matthew Shepard, Flint Waters, Bill McKinney, Aaron McKinney, Aaron Kreifels, Tina LaBrie, Russell Henderson, Rob DeBree

Timeline Tags: US Domestic Terrorism

The Reverend Fred Phelps, holding a sign outside Matthew Shepard’s funeral service.The Reverend Fred Phelps, holding a sign outside Matthew Shepard’s funeral service. [Source: Slate]The funeral for Matthew Shepard, a gay college student brutally murdered by three white supremacists (see October 9, 1998 and After), is held in St. Mark’s Church in Casper, Wyoming. The service is led by the Reverend Anne Kitch. [CNN, 10/13/1998; Louie Crew, 10/14/1998] The Reverend Fred Phelps of the Westboro Baptist Church in Topeka, Kansas, leads a small delegation of church members in a raucous denunciation of homosexuality at Shepard’s funeral. Phelps and his congregation members have picketed the funerals of gay men for years across the country, holding “God Hates Fags” signs and harassing family members. Governor Jim Geringer (R-WY) says he cannot prevent Phelps from attending the funeral, but vows that the protesters will not be allowed to disrupt it. Phelps’s group, Geringer says, is “just flat not welcome. What we don’t need is a bunch of wing nuts coming in.” For his part, Phelps, who claims he has received multiple death threats after announcing his journey to Laramie, says: “We’re not going to tolerate any violence from these homosexuals. They are the most violent people in the world. Here they are talking about what happened to this poor boy, and they turn around and make death threats against us.” Geringer, the Casper City Council, and several groups of gay activists succeeded in passing a regulation that keeps Phelps and his protesters 50 feet away from church property during the funeral. “[I]t was the best we could accomplish without risking an immediate court injunction for violating constitutional free speech,” reads a statement by the local chapter of the Log Cabin Republicans. “Such an injunction might have allowed Phelps to walk right up to the church property line.” [CNN, 10/13/1998; Log Cabin Republicans, 10/16/1998] Phelps and his fellow church members picket the funeral with signs reading, “Matt Shepard Rots in Hell,” “AIDS Kills Fags Dead,” and “God Hates Fags.” [Fact-Index, 2004] Five years later, Phelps will attempt to erect a marker emblazoned with inflammatory statements about Shepard in a local park, to “commemorate” his death (see October 3, 2003).

Entity Tags: St. Mark’s Church (Casper, Wyoming), Log Cabin Republicans, Jim Geringer, Fred Waldron Phelps, Anne Kitch, Matthew Shepard, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

An impromptu rally on New York City’s Fifth Avenue to mourn and protest the recent murder of a gay college student in Wyoming, Matthew Shepard (see October 9, 1998 and After), ends with at least 96 arrests and several injuries after demonstrators face off with police in riot gear and on horseback. No one is seriously injured during the confrontation, which features several short charges by police officers wielding billy clubs and plunging their horses into the crowd. Rally organizers did not secure a permit to march from the city. Over 4,000 people attend the march, billed as a “political funeral” to protest Shepard’s murder. The rally turns confrontational after police refuse to allow the marchers to take to the street. Organizers and marchers will accuse the police of overreacting, and say that the rally would have remained peaceful had they been allowed to complete their march. “The police refused to negotiate with us,” says organizer Sara Pursley. “The police refused even to talk to us. And by doing so, they created far more havoc in the city than we had ever planned to create.” She calls the police response “cruel and brutal.” Police say that the marchers endangered public safety by walking in the street. Police Commissioner Patrick Kelleher says of the police response: “They had a right to gather. But once they left the sidewalk, they were endangering the motorists, they were endangering the pedestrians. And we were forced to make arrests.” Mayor Rudolph Giuliani, who usually takes a hardline stance against civil disturbances, says he understands the marchers’ feelings. “It’s a very worthy cause,” he says. “I can understand why they are so outraged and upset.” However, Giuliani supports the police response. Organizers later say they were surprised to see how many people joined in the rally. Pursley later says she and the other organizers expected 500 people at best. [New York Times, 10/20/1998; New York Times, 10/21/1998] The New York Times editorial board is highly critical of the police response. Marchers should have secured a permit, the editors say in an op-ed, but the police response was excessive. [New York Times, 10/21/1998]

Entity Tags: Patrick Kelleher, Sara Pursley, Matthew Shepard, Rudolph (“Rudy”) Giuliani, New York Times

Timeline Tags: US Domestic Terrorism

Roy W. Menninger, the chairman of a citizens’ rights group in Topeka, Kansas, writes a column for the local press condemning the anti-gay protests held by Topeka’s Westboro Baptist Church (WBC—see November 27, 1955 and After) at the funeral of a murdered gay man (see October 14, 1998). Menninger calls Matthew Shepard’s murder (see October 9, 1998 and After) a “shocking” example of “unspeakable brutality… intentionally and… blatantly aimed at a member of a minority.” The WBC’s derogatory protest at Shepard’s funeral (see October 14, 1998) “surely express[ed] the same fear and the same bitter hatred right here that motivated the killers of the Wyoming youth: These very attitudes are the substructure of such acts of violence.” Menninger writes that almost everyone harbors some capacity for hatred, fear, and brutality just as Shepard’s killers and the WBC protesters do, but they generally do not act on that capacity. Too often, he continues, those feelings cause people to “look away from the unbelievably obscene signs carried by local picketers pillorying homosexuals in the name of Christianity. We cluck our dismay, we are distressed by their behavior, and we regret the sad image of Topeka that these picketers project—but we do not protest; we do not object. Where is our outrage? Why do we not mobilize the healthy sentiment in this community that would force these behaviors to stop?… The plain fact of the matter is that our silence conveys tacit approval of the mean and ugly things that are done by others in the name of righteousness. Our silence encourages the shameful unChristian behavior that this picketing really is. Our failure to speak out against those who commit hateful acts of prejudice and injustice makes us silent accomplices and secret supporters. In fact, our silence gives permission to the openly hateful few to act out their fear and anger against others; our silent acquiescence encourages their violence, which then becomes our violence and our hate crime. We cannot escape the guilt that this kind of collusion brings: When we are silent, we are as guilty as the perpetrators.” [Topeka Capital-Journal, 11/18/1998]

Entity Tags: Matthew Shepard, Westboro Baptist Church, Roy W. Menninger

Timeline Tags: US Domestic Terrorism

Conservative Baptist preacher Jerry Falwell, who speaks out against the anti-gay rhetoric of the Westboro Baptist Church.Conservative Baptist preacher Jerry Falwell, who speaks out against the anti-gay rhetoric of the Westboro Baptist Church. [Source: New York Times]People from the left and right of the social and political spectrum join in condemning the actions of the anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) during its protest at the funeral of Matthew Shepard, a gay man who was beaten to death a month earlier (see October 9, 1998 and After and October 14, 1998). The Reverend Jerry Falwell, a far-right Christian evangelist, says of the WBC’s protest, “I found it almost impossible to believe that human beings could be so brutal and vicious to a hurting family.” Of the WBC’s leader, Fred Phelps, he says, “He’s a first-class nut.” Phelps says he is proud to be labeled as such by Falwell because “[i]t means I’m preaching the truth.” Phelps then labels Falwell a “Judas” and says WBC members will picket Falwell’s church in Lynchburg, Virginia. Robert H. Knight of the conservative Family Research Council says he asked Phelps to call off the church’s protests against gays (see June 1991 and After) a year ago, and says he told Phelps that his actions “misconstrue… the message of Christ, which was one of love.” Arne Owens of the Christian Coalition says that anti-gay Christian organizations oppose the homosexual lifestyle while loving gays and lesbians: “You must be loving toward all human beings while recognizing the role of sin in the world.” But Cathy Renna of the Gay and Lesbian Alliance Against Defamation (GLAAD) says that Phelps only expresses the hatred other anti-gay groups feel but do not so bluntly demonstrate. The Traditional Values Coalition, a conservative lobbying group, joins the Christian Coalition and other anti-gay organization in accusing GLAAD and other gay rights groups of capitalizing on Shepard’s murder for their own purposes, a charge Renna calls ludicrous. She says that Shepard’s friends “told me that Matthew would have wanted something good to come out of this. If [a murder] energizes and makes us fight to educate people about the kind of violence lesbians and gays face every day, that’s not using Matthew.” Instead, she says, groups like the Christian Coalition are using Phelps to promote their agenda: “They can point to him and say: ‘He’s a bad guy. We’re compassionate.’” For his part, Phelps says his organization brought “a little sanity” to Shepard’s funeral, and claims it was “the homosexuals” who “turned it into a Cecil B. DeMille propaganda mill.” [Associated Press, 11/24/1998]

Entity Tags: Gay and Lesbian Alliance against Defamation, Cathy Renna, Arne Owens, Christian Coalition, Fred Waldron Phelps, Jerry Falwell, Matthew Shepard, Westboro Baptist Church, Robert H. Knight, Traditional Values Coalition, Family Research Council

Timeline Tags: US Domestic Terrorism

Theresa LePore, displaying signs of stress over the controversy that will ensue concerning her ‘butterfly ballot.’Theresa LePore, displaying signs of stress over the controversy that will ensue concerning her ‘butterfly ballot.’ [Source: BBC]Theresa LePore, the supervisor of elections for Palm Beach County, decides to use an unusual design for the upcoming election ballots. Because of a recent amendment to the Florida Constitution that makes it far easier for third-party and independent candidates to appear on the ballot for president, LePore has 10 presidential and vice-presidential candidates to fit on the ballot. She consulted with elections board employee Tony Enos; the two decided that a one-page ballot would have to use a typeface so small that many voters with vision problems would be unable to read the names. Instead, LePore chooses a two-page, or “facing page,” ballot design. She wants all 10 presidential candidates on the same page, so she goes with a design that has groups of candidates on either page and punchable holes in the center, in a vertical row: the voter will punch out the hole designated for his or her candidate. The design lists Republican candidates George W. Bush and Dick Cheney first on the left-hand page, with the punch hole designated for them also first; Reform Party candidates Pat Buchanan and Ezola Foster are first on the right-hand page, with their designated punch hole second; Democratic candidates Al Gore and Joseph Lieberman are second on the left-hand page, with their designated punch hole third. To many voters, the second punch hole designated for Buchanan and Foster will appear to be the hole designated for Gore and Lieberman (see November 9, 2000). [Tapper, 3/2001]

Entity Tags: Joseph Lieberman, Albert Arnold (“Al”) Gore, Jr., George W. Bush, Patrick Buchanan, Theresa LePore, Ezola Foster, Richard (“Dick”) Cheney, Tony Enos

Timeline Tags: 2000 Elections

John Prescott Ellis.John Prescott Ellis. [Source: Bush-Clinton Fraud (.com)]Fox News chairman Roger Ailes (see October 7, 1996), a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), chooses an unlikely reporter to anchor Fox’s election night coverage: John Prescott Ellis, a freelance Republican political adviser and the first cousin of George W. Bush (R-TX), the Republican presidential candidate. (Ellis is the son of George Herbert Walker Bush’s sister, Nancy Ellis.) Ellis was originally hired to cover the party primaries. A later study of voting patterns by the University of California will determine that in areas where voters have access to Fox News, the network’s relentless pro-Bush coverage shifts some 200,000 votes from Democrat Al Gore (D-TN) to Bush, but Ailes wants to make sure his network’s coverage is favorable to Bush, and has always had Ellis in mind for the election night anchor position, for which he specifically gives Ellis a 30-day contract. Ellis is very close to Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida (“Jeb” is an acronym for his full name, John Ellis Bush). Ellis recused himself from campaign coverage in a June 1999 Boston Globe column, defending George W. Bush from allegations of cocaine use, calling the Clinton-Gore administration “morally berserk,” and telling his readers, “There is no way for you to know if I am telling you the truth about George W. Bush’s presidential campaign, because in his case, my loyalty goes to him and not to you.” Instead of this posing an ethical dilemma or being seen as a conflict of interest at Fox, Ellis is Ailes’s first and only choice to anchor the network’s election coverage. (Ailes will later tell a February 2001 House committee hearing, “We at Fox News do not discriminate against people because of their family connections”—see February 14, 2001.) [Washington Post, 11/14/2000; Salon, 11/15/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; Nation, 11/6/2006; New York Magazine, 5/22/2011] Ellis will pre-emptively call the election for Bush, sparking the Florida recount controversy and helping propel his cousin into the White House (see November 7-8, 2000). In a response to testimony in the same February 2001 House committee hearing, Joan Konner, a journalism professor who will lead a CNN-commissioned independent study of the problems in that network’s election night coverage, will call Ellis’s hiring a substantial breach of journalistic ethics and standards. “If John Ellis had, indeed, made comments stating that his loyalties to the Bush family superceded any commitment he has to his profession or his employer, then I would judge that to be not only a perceived conflict-of-interest but a real conflict-of-interest for a journalist,” she will write in a letter to Representative John Dingell (D-MI). “While that does not disqualify an individual from any position as a journalist, it would, in my judgement, disqualify that person for any decision-making role involving reporting on his relatives during an election. Often friends and relatives are hired by journalism organizations because of their connections to the newsmakers. Their access to sources makes them valuable to the organization. However, the news organization should take every precaution against placing such an individual in an assignment that could result in bias in reporting.” [House of Representatives, Committee on Energy and Commerce, 2/14/2001]

Entity Tags: John Ellis (“Jeb”) Bush, Fox News, Boston Globe, Albert Arnold (“Al”) Gore, Jr., George W. Bush, John Dingell, Roger Ailes, Nancy Ellis, Joan Konner, John Prescott Ellis

Timeline Tags: 2000 Elections, Domestic Propaganda

The Bush/Cheney campaign logo.The Bush/Cheney campaign logo. [Source: P. Freah]The presidential campaign of George W. Bush (R-TX), fearing that Vice President Al Gore (D-TN) might win the election in the US Electoral College while Bush ekes out a lead in the collective popular vote, devises a strategy to challenge Gore’s legitimacy as the elected president. Bush campaign advisors believe that Green Party candidate Ralph Nader might take millions of votes from Gore nationwide, but not enough in key states to cost Gore a state’s electoral votes. Gore could, theoretically, win 270 or more electoral votes without amassing a majority in the popular vote. In such a case, both the Constitution and historical precedent is clear: Gore wins without argument. “You play by the rules in force at the time,” a Gore aide tells a reporter. “If the nation were really outraged by the possibility, then the system would have been changed long ago. The history is clear.” In 1876, New York Governor Samuel Tilden won the popular vote but lost the presidency to Rutherford B. Hayes, who won a majority of Electoral College votes. In 1888, Grover Cleveland won the popular vote, but lost the presidency to Benjamin Harrison in the Electoral College tally. In 1976, slight differences in the vote tallies in Ohio and Mississippi would have given President Gerald Ford enough electoral votes to beat challenger Jimmy Carter. A Bush aide tells his fellows, “The one thing we don’t do is roll over—we fight.” The New York Daily News will later report: “[T]the core of the emerging Bush strategy assumes a popular uprising, stoked by the Bushies themselves, of course. In league with the campaign—which is preparing talking points about the Electoral College’s essential unfairness—a massive talk radio operation would be encouraged.” The Bush strategy is to launch a massive, orchestrated assault via conservative talk radio, Fox News, and other conservative media outlets to portray the Electoral College as unfair and non-binding. A Bush aide tells a reporter: “We’d have ads, too, and I think you can count on the media to fuel the thing big-time. Even papers that supported Gore might turn against him because the will of the people will have been thwarted.” The Daily News writes that the strategy goes further than a media blitz: “Local business leaders will be urged to lobby their customers, the clergy will be asked to speak up for the popular will, and Team Bush will enlist as many Democrats as possible to scream as loud as they can.” A Bush advisor speculates on the creation of a “grassroots” organization, perhaps to be called “Democrats for Democracy,” that would advocate for the ignoring of the Electoral College in favor of calling for installation of Bush via the popular vote—a process that is entirely outside the Constitution. The Bush strategy would also pressure some of the 538 individual electors. Although it is customary for each elector to vote for the candidate that his or her state selected, legally they are not bound to do so, and can change their votes, although this has happened only rarely in US history and never impacted an election. According to a Boston Globe report, the Bush strategy would “challenge the legitimacy of a Gore win, casting it as an affront to the people’s will and branding the Electoral College as an antiquated relic.… One informal Bush advisor, who declined to be named, predicted Republicans would likely benefit from a storm of public outrage if Bush won the popular vote but was denied the presidency.” The advisor tells the Globe reporter: “That’s what America is all about, isn’t it. I’m sure we would make a strong case.” The Daily News calls the Bush strategy a preparation for electoral “insurrection.” [New York Daily News, 11/1/2000; Consortium News, 11/10/2000]

Entity Tags: George W. Bush presidential campaign 2000, George W. Bush, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections, Civil Liberties

Thousands of African-American voters in Florida are illegally denied their right to vote, as is proven in many instances by subsequent investigations. Adora Obi Nweze, the president of the Florida State Conference of the NAACP, is told by election officials she cannot vote because she has already cast an absentee ballot, even though she has cast no such ballot. Cathy Jackson, a Broward County voter since 1996, was told falsely that she was not on the rolls and could not vote; she sees a white woman cast an “affidavit ballot” and asks if she can do the same, but is denied. Donnise DeSouza of Miami is told, falsely, that she is not on the voting rolls and is moved to the “problem line”; when the polls close, she is sent home without voting. Another voter, Lavonna Lewis, is in line to vote when the polls close. Though the law says that voters already in line can vote even after the polls close, she is sent home. She will later say she saw election officials allow a white male voter to get in line after the polls had closed.
US Representative Fights to Cast Vote - US Representative Corrine Brown (D-FL) is followed into her poll by a television crew. Officials there tell her that her ballot has been sent to Washington and therefore she cannot vote in Florida. Brown spends two and a half hours in the polling place before finally being allowed to vote. Brown later notes that she helped register thousands of African-American college students in the months prior to the election. “We put them on buses,” she will recall, “took them down to the supervisor’s office. Had them register. When it came time to vote, they were not on the rolls!” Many African-American voters like Wallace McDonald of Hillsborough County are denied their vote because they are told, falsely, that they are convicted felons whose right to vote has been stripped. The NAACP offices are inundated with telephone calls all day from voters complaining that their right to vote is being denied.
'Painful, Dehumanizing, Demoralizing' - Donna Brazile, campaign manager for the Gore campaign whose sister was illegally asked for three forms of identification in Seminole County before being allowed to vote, later says: “What happened that day—I can’t even put it in words anymore. It was the most painful, dehumanizing, demoralizing thing I’ve ever experienced in my years of organizing.” Hearings in early 2001 held by the US Commission on Civil Rights will record more than 30 hours of testimony from over 100 witnesses as to a wide array of racially based disenfranchisement. The commission will find that the election probably violated the Voting Rights Act of 1965, but Attorney General John Ashcroft will ignore the report.
Gadsden County - One exemplar of systematic disenfranchisement is seen in Gadsden County, one of Florida’s poorest counties, with 57 percent of its voters African-American. Its elections are supervised by white conservative Denny Hutchinson. Hutchinson refuses to take action to increase registration, put in more polling places, and other actions designed to increase voter turnout. Gadsden County Commissioner Ed Dixon later recalls: “He never advocated for any increased precincts, even though some of our people had to drive 30 miles to get to a poll. In the only county that’s a majority African-American, you want a decreased turnout.” After the votes have been tallied, Hutchinson’s deputy, African-American Shirley Green Knight, notices that over 2,000 ballots (out of 14,727 cast) are not included in the registered count. The reason? Gadsden uses a so-called “optiscan” balloting device, which allows voters to “bubble in” ovals with a pencil; these “bubbles” are scanned and the votes they indicate are tallied. Optiscan ballots are prone to register “overvotes,” essentially when the ballot indicates votes for two separate candidates in the same race. Overvotes are not machine-tallied. The machines have a sorting switch that when set to “on” causes the machine to record overvotes or “undervotes” (no vote recorded) in a separate category for later review and possible inclusion. Knight will learn that Hutchinson had insisted the machines’ switches be set to “off,” which rejects the overvotes without counting them at all. “I have no idea why he would do that,” Knight later says. When she learns of the problem, she asks Hutchinson to run the ballots through again with the sorting switch on, but he refuses. He is later overruled by the Gadsden canvassing board. When the ballots are run through a second time, the results are startlingly different. Gadsden uses a variant of the so-called “caterpillar ballot,” which lists candidates’ names in two columns. George W. Bush, Al Gore, and six other presidential candidates are listed in one column. The second column lists two more candidates, Monica Moorehead and Howard Phillips, and a blank for a “Write-In Candidate.” Hundreds of voters apparently believe that the second column is for an entirely different race, and vote not only for Bush or Gore, but for Moorehead or Phillips. And some voters vote for Gore and, to ensure clarity, write “Gore” in the write-in box. (Some, thoroughly confused by directions telling them to “Vote for ONE” and “Vote for Group,” bubble in all 10 presidential candidates and write “Gore” in the box.) None of these votes are originally counted. More sophisticated optiscan machines would refuse to accept the ballot, prompting the voter to correct the error. But Gadsden uses a cheaper machine that allows the error to go through unbeknownst to the voter. When Gadsden performs its machine recount, Gore will receive 153 additional votes from the erroneous optiscan. These will be included in the state’s final tally. However, over 2,000 of the “overvote” ballots will not be counted. Two-thirds of those ballots have Gore as their selection.
Duval County - Similar problems plague voters in Duval County. Duval, a large Democratic stronghold because of its inclusion of Jacksonville, is 29 percent African-American. Twenty-one thousand votes are thrown out as “overvotes.” Part of the problem is a sample-ballot insert placed in the newspaper by elections supervisor John Stafford, giving erroneous instructions as to how to complete the Duval ballot; any voter who follows these instructions does not have their votes tallied, though corrected instructions are posted in some Duval precincts. In the critical 72-hour period after the votes are complete, Gore campaign staffer Mike Langton will spend hours with Stafford, a white Republican, attempting to address the situation. Stafford lies to Langton and tells him Duval has “only a few” overvotes. It is not until after the deadline to ask for a machine recount has passed that Langton learns of the 21,000 uncounted votes. Nearly half of these are from four heavily African-American precincts that usually vote 90 percent Democratic. In theory, nearly 10,000 votes for Gore from Duval County will go untallied.
'Felons' and 'Purge Lists' - Florida law disenfranchises citizens convicted of many felonies (see June 24, 1974). In this election, thousands of Florida voters, mostly African-American males, lose their vote when they appear at their precinct and are told they cannot vote because they are felons, even though they are not. One is Willie Steen, a military veteran who loses his vote in Hillsborough County. “The poll worker looked at the computer and said that there was something about me being a felon,” Steen later recalls. “I’ve never been arrested before in my life,” he recalls telling the poll worker. The worker refuses to listen, and orders Steen to leave the line. Steen later learns that the felony he supposedly committed was done between 1991 and 1993, when he was stationed in the Persian Gulf. Tampa youth leader Willie Dixon and Tallahasse pastor Willie Whiting are also denied their votes through improper classification as felons, as do thousands of other voters. Investigative journalist Greg Palast later learns that the felon-disenfranchisement is widespread and systematic. He will publish a story exposing the scheme during the Florida recounts—in a London newspaper. No US newspaper will consider it. Palast later says: “Stories of black people losing rights is passe, it’s not discussed, no one cares. A black person accused of being a felon is always guilty.” Palast and other investigators learn that Republican legislators have in recent years upgraded a number of selected crimes from misdemeanors to felonies, apparently in order to “purge” the voting rolls of African-Americans. State Senator Frederica Wilson is one of many who believe the new classifications are “aimed at African-American people.” Black lawmakers have been unsuccessful in attempting to repeal the felon-disenfranchisement laws. After a 1997 election, where some 105 felons were found to have voted and analysis showed that 71 percent of Florida felons were registered Democrats, the Florida state government allocated $4 million to “purge” felons off the voting rolls. The government turned the task over to a private firm, Database Technologies (DBT) of Boca Raton (which later merged with the firm ChoicePoint). When the first purge lists from DBT began appearing in 1998, county elections officials were worried. Ion Sancho, the elections supervisor for Leon County, will recall: “We were sent this purge list in August of 1998. We started sending letters and contacting voters, [saying] that we had evidence that they were potential felons and that they contact us or they were going to be removed from the rolls. Boy, did that cause a firestorm.” One of the “felons” was Sancho’s close friend Rick Johnson, a civil rights attorney. “Very few felons are members of the Florida bar,” Sancho will note. In early 2000, Sancho asked Emmett “Bucky” Mitchell, a lawyer for the Florida Division of Elections, why so many “false positives”—innocent people—were on DBT’s list. Mitchell told Sancho that the problem was DBT’s, not Florida’s, and the firm had been told to handle the problem. Instead, according to ChoicePoint marketing official James Lee, Florida relaxed the criteria for its purge list, and tens of thousands of voters who had names roughly similar to those of actual felons were added to the list. Why? Lee will say, “Because after the first year they weren’t getting enough names.” Willie D. Whiting, a law-abiding pastor, is denied the vote because Willie J. Whiting is a felon. Willie Steen is denied his vote because Willie O’Steen is a convicted felon. Mitchell told a DBT project manager that it was up to elections officials like Sancho to find and correct the misidentifications. The lists even include actual felons whose right to vote had been restored by previous Florida administrations during amnesty programs. The initial database for the purge lists is comprised of people arrested for felonies, not convicted—thusly many citizens never convicted of a crime are now on the purge list. Others are incorrectly listed as felons when they were convicted of misdemeanors. A May 2000 “corrected” list stunned county elections officials. Linda Howell, election supervisor of Madison County, found her own name on the list. Monroe County supervisor Harry Sawyer found his father on the list, along with one of his employees and the husband of another. None of those people were felons. Some counties, such as Broward, Duval, Madison, and Palm Beach chose not to use the lists at all; Sancho meticulously checked his list of 697 names and ended up retaining only 33. Most supervisors use the lists without question. A thousand Bay County voters are denied their vote; 7,000 Miami-Dade voters lose theirs. It is unknown how many of these are actual felons and how many are law-abiding, legitimate voters. A 2001 class-action lawsuit brought by the NAACP and African-American voters will charge DBT and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. It will be settled out of court, with Florida agreeing to provisions that nominally settle the problem (see Late August 2002), but a 2004 article by Vanity Fair will note that by 2004, Florida’s government has implemented none of the corrective procedures mandated by the settlement. Subsequent investigations will show that the “felons” on the various purge lists are disproportionately Democratic voters and disproportionately African-American. [Tapper, 3/2001; Vanity Fair, 10/2004]
2001 Investigation Proves Widespread Disenfranchisement - A 2001 investigation by the progressive newsmagazine The Nation will show a widespread and systematic program of voter disenfranchisement in effect in Florida during the 2000 elections (see April 24, 2001).

A portion of the so-called ‘butterfly ballot’ used in the Palm Beach County elections.A portion of the so-called ‘butterfly ballot’ used in the Palm Beach County elections. [Source: L. David Roper]In Palm Beach County, Florida, voters begin complaining of problems with the “butterfly ballot” almost as soon as the polls open. Many believe that the ballot’s confusing design is redirecting voters who want to vote for Democrat Al Gore to vote instead for Reform Party candidate Patrick Buchanan (see September 2000).
Alerting the Gore Campaign of Problems - Lawyer Liz Hyman, volunteering to work the election in Palm Beach for the Gore campaign, later recalls that starting at 7:00 a.m., voters approach her complaining about the ballot, some theorizing that someone or some group of people conspired to redirect Gore’s votes to Buchanan. Around 8:00 a.m., Hyman calls her father, Washington, DC, attorney Lester Hyman. “You’re not going to believe what’s going on down here,” she tells him, and advises him to alert someone at the national Gore campaign headquarters. Soon, Joe Sandler, the general counsel of the Democratic National Committee (DNC), contacts Liz Hyman in Palm Beach. During the same time period, a number of elderly, angry voters drive to election supervisor Theresa LePore’s office and demand an explanation for the ballot confusion, but LePore refuses to take their complaints seriously.
Complaints, Attempts to Clarify Voting Procedures - Poll clerk Ethel Brownstein, after seeing voters having difficulty casting their votes for Gore, begins telling voters at her precinct: “Please be careful. The first hole is [Republican George W.] Bush, the second is Buchanan, and the third is Gore.” The complaints keep coming in, with many voters worried that they have voted for Buchanan instead of their intended vote for Gore. Many voters punch the second hole, then reconsidering, punch the third hole also, inadvertently causing an “overvote” that will be discarded. Some voters even write “Gore” or draw arrows to indicate their selection. By 11:24 a.m., LePore receives a faxed letter from Bobby Brochin, the DNC’s counsel in Florida. Brochin, who is still unsure of the exact nature of the problem with the ballots, writes: “Apparently certain presidential ballots being utilized in several precincts in Palm Beach County are quite confusing. They contain two pages listing all of the presidential candidates, which may cause electors to vote twice in the presidential race. You should immediately instruct all deputy supervisors and other officials at these precincts that they should advise all electors (and post a written advisory) that the ballot for the presidential race is two pages long, and that electors should vote for only one presidential candidate.” LePore does not respond to Brochin’s fax. By noon, WPEC-TV is reporting on the “butterfly ballot” confusion, and, in author Jake Tapper’s words, “doing a hell of a lot better than the Democrats are” in explaining the issue. Gore campaign workers begin visiting precincts to explain to Gore voters how to properly cast their votes on the ballot. By the afternoon, early results show some dismaying returns.
'I Think I Voted for a Nazi' - Precinct 162-G, almost entirely composed of the Jewish retirement community Lakes of Delray, is showing a surprisingly large number of votes for Buchanan, a Holocaust denier who is roundly despised among most Jewish voters. Brochin resends his fax to LePore at 2:57 p.m., noting that he failed to get a response the first time. Gore campaign workers in the county re-record their TeleQuest phone-bank message with instructions on how to cast votes for Gore, and instructing voters who believe they may have miscast their votes to return to their polling places and make a complaint. Talk show host Randi Rhodes, an outspoken liberal who lives in the county, tells listeners on her afternoon radio show: “I got scared I voted for Pat Buchanan. I almost said, ‘I think I voted for a Nazi.’ When you vote for something as important as leader of the free world, I think there should be spaces between the names. We have a lot of people with my problem, who are going to vote today and didn’t bring their little magnifiers from the Walgreens. They’re not going to be able to decide that there’s Al Gore on this side and Pat Buchanan on the other side.… I had to check three times to make sure I didn’t vote for a fascist.”
Late Afternoon Advisory - This afternoon, Harold Blue, a World War II veteran who like his wife is legally blind, realizes after he cast his vote that a poll worker improperly instructed he and his wife to vote for Buchanan and not Gore. When Democratic officials like State Representative Lois Frankel, State Senator Ron Klein, and US Representative Robert Wexler visit the Palm Beach elections offices to find out what is going on, LePore begins to believe that there may be a serious problem with the “butterfly ballots.” She reluctantly agrees to write an advisory for the various precincts, but says she lacks the staff to distribute it; if the Democrats want it posted, they will have to deliver the advisory themselves. LePore’s advisory reads, “ATTENTION ALL POLL WORKERS PLEASE REMIND ALL VOTERS COMING IN THAT THEY ARE TO VOTE FOR ONLY ONE (1) PRESIDENTIAL CANDIDATE AND THEY ARE TO PUNCH THE HOLE NEXT TO THE ARROW NEXT TO THE NUMBER NEXT TO THE CANDIDATE THAT THEY WISH TO VOTE FOR.” Judge Charles Burton, a Republican member of the canvassing board, says he cannot understand the confusion, that the ballot clearly indicates by an arrow which hole is designated for Gore. Democratic board member Carol Roberts counters by warning Burton and LePore that some people are beginning to say the ballot may be illegal, and advises LePore to contact her own attorney. Burton says the ballot is clearly legal according to his interpretation of Florida election statutes, and that the law Democrats are citing—101.153(3)(a)—applies only to paper ballots, not punch-card ballots.
'File an Affidavit' - At 5:30 p.m., Democratic vice presidential contender Joseph Lieberman calls Rhodes in a prearranged “get out the vote” interview. The discussion quickly turns to the Palm Beach ballot confusion, and Rhodes urges Lieberman to consider “filing an affidavit,” presumably to contest the Palm Beach results. Florida lawyer Mitchell Berger is preparing to do just that, telling Brochin and other Democratic lawyers to prepare for court battles. [Tapper, 3/2001]

Entity Tags: Mitchell Berger, Randi Rhodes, Ron Klein, Lois Frankel, Robert Wexler, WPEC-TV, Theresa LePore, Lester Hyman, Patrick Buchanan, Liz Hyman, County of Palm Beach (Florida), Carol Roberts, Joseph Lieberman, Democratic National Committee, Ethel Brownstein, George W. Bush, Joseph Sandler, Jake Tapper, Harold Blue, Albert Arnold (“Al”) Gore, Jr., Bobby Brochin

Timeline Tags: 2000 Elections

Florida NAACP official Anita Davis begins receiving phone calls from African-American voters in Leon County, which includes the heavily African-American areas in and around Tallahassee, complaining about Highway Patrol roadblocks that are interfering with their attempts to get to their polling places. Davis calls the Highway Patrol office and is told the roadblocks are just routine traffic stops, asking motorists to show their license and insurance identification. However, given Florida’s often-ugly history of racial oppression, Davis wonders about the timing and nature of the roadblocks. “It’s odd for them to be out there on Election Day,” Davis says. “It just doesn’t smell right.” Davis and fellow NAACP officials soon conclude that the Highway Patrol is attempting to interfere with black citizens’ attempts to vote. [Tapper, 3/2001]

Entity Tags: Anita Davis, National Association for the Advancement of Colored People, Florida Highway Patrol, County of Leon (Florida)

Timeline Tags: 2000 Elections, Civil Liberties

Senator Robert Torricelli (D-NJ) joins the ranks of Democratic lawmakers unwilling to forcefully support Democratic presidential contender Al Gore’s attempt to force manual recounts in the Florida elections (see Early Morning, November 8, 2000). In an MSNBC interview, Torricelli says: “I consider myself a very loyal Democrat, but like most Americans, that does not begin to compare with my interest in the Constitution, or with an orderly process of government in a very unusual time in American history.… We should all insist in an orderly, fair, and honest counting of the votes. But, I believe collateral issues, or strategies that involve anything outside of those counting as the votes were cast, is not in the national interest.” [National Journal, 11/9/2000]

Entity Tags: Robert Torricelli, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

A screenshot of CNN’s on-air graphic declaring George W. Bush the winner in Florida. The graphic shows Bush with a 6,060-vote lead.A screenshot of CNN’s on-air graphic declaring George W. Bush the winner in Florida. The graphic shows Bush with a 6,060-vote lead. [Source: TV-Ark News (.com)]Republican presidential contender George W. Bush (R-TX) appears to enjoy a late surge in Florida votes, securing what appears to be a slim but decisive lead of some 50,000 votes. Led by Fox News (see October-November 2000 and November 7-8, 2000), the four major television networks—ABC News, CBS News, Fox News, and NBC News—begin declaring Bush the projected winner of Florida and therefore the winner of the US presidential elections. By 2:20 a.m., the last of the networks has projected Bush as the winner. [New York Times, 11/9/2000; Leip, 2008] The Associated Press (AP) refuses to make the call, saying that its figures show Bush with only a 30,000-vote lead, and that steadily dwindling. By 2:30 a.m., Bush’s lead, by the AP’s count, is below 19,000 votes; a glitch in the Volusia County numbers that comes in minutes after the call for Bush slashes Bush’s lead considerably, validating the AP’s reluctance to make the call. But the television broadcasts drive the story. Network pundits immediately begin dissecting Bush’s “victory” and speculating as to why Gore “lost.” [American Journalism Review, 1/2001; Nation, 11/6/2006] After the Fox announcement, Gore campaign manager Donna Brazile sends Gore a text message reading: “Never surrender. It’s not over yet.” But others in the campaign feel the campaign is indeed over. Gore’s brother-in-law Frank Hunger later recalls, “They were just so damn positive,” referring to the networks. “And they were talking about 50,000 votes, and we never dreamed they would be inaccurate.” The Gore campaign’s deputy campaign manager for communications, Mark D. Fabiani, will later recall: “I felt so deflated. It had been an evening where you won and then lost and winning felt a lot better than losing. You had been up and down and swung around and then dumped out on your head.” [New York Times, 11/9/2000]

Entity Tags: Mark D. Fabiani, George W. Bush presidential campaign 2000, NBC News, George W. Bush, Frank Hunger, Albert Arnold (“Al”) Gore, Jr., Fox News, Associated Press, CBS News, County of Volusia (Florida), Donna Brazile, Al Gore presidential campaign 2000, ABC News

Timeline Tags: 2000 Elections

Vice President Al Gore, the Democratic presidential candidate, calls Republican contender George W. Bush to concede the US presidential election, based on the news networks’ projection of Bush’s slim “victory” in Florida (see 2:15 a.m. November 8, 2000). According to Bush campaign advisor Karen Hughes, Gore tells Bush, “We gave them a cliffhanger.” Bush responds: “You’re a formidable opponent and a good man. I know it’s hard. I know it’s hard for your family. Give my best to Tipper [Gore’s wife] and your children.” Gore’s motorcade drives to the War Memorial Plaza in Nashville, where Gore plans to address his supporters. But by 3:15 a.m., Gore’s advisors tell him that Bush’s lead in Florida has dropped dramatically, leaving Bush with a lead of only 6,000 votes or less, well within the 0.5 percent margin that will trigger an automatic machine recount. Votes in three Democratic strongholds—Palm Beach, Broward, and Miami-Dade Counties—are still outstanding. And a computer error in Volusia County tallies shows Gore with a total of negative 16,000 votes. The numbers continue to drop; by the time Gore’s motorcade is approaching the Plaza, the tallies show a Bush lead of less than 1,000 votes. Gore returns to his Nashville hotel without addressing his supporters. Speechwriter Eli Attie later recalls, “I stopped him from going out onstage, and said, ‘With 99 percent of the vote counted, you’re only 600 votes behind.’” [National Journal, 11/9/2000; New York Times, 11/9/2000; Tapper, 3/2001; Vanity Fair, 10/2004; Leip, 2008] Minutes later, Gore calls Bush to retract his concession (see 3:30 a.m. November 8, 2000).

Entity Tags: County of Miami-Dade (Florida), Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), County of Broward (Florida), Karen Hughes, Eli Attie, George W. Bush

Timeline Tags: 2000 Elections

Vice President Al Gore, the Democratic presidential candidate, calls Republican contender George W. Bush to retract his concession of the presidential election (see 2:30 a.m. - 3:15 a.m. November 8, 2000). “Circumstances have changed dramatically since I first called you,” Gore says. “The state of Florida is too close to call.” Bush says: “Are you saying what I think you’re saying? Let me make sure I understand. You’re calling me back to retract your concession.” Gore responds, “You don’t have to be snippy about it.” Bush informs Gore that his brother, Governor Jeb Bush of Florida, has assured him he has already won Florida (see 2:15 a.m. November 8, 2000 and November 7-8, 2000). Gore replies, “Your younger brother is not the ultimate authority on this.” Instead of giving a concession speech as planned, Gore sends his campaign chairman, former Commerce Secretary William Daley, to speak to the gathering at Nashville’s War Memorial Plaza. “Our campaign continues,” Daley says. New polling data shows that Florida, still projected to go to Bush as the last needed electoral victory, is once again too close to be accurately predicted. Bush calls his cousin John Ellis, who is anchoring Fox News’s election night coverage (see October-November 2000), and says, “Gore unconceded.” Ellis responds, “You’re kidding.” Within the hour, the networks will, for the second time (see 9:30 p.m. November 7, 2000), retract their projection and classify Florida as “too close to call” (see 3:57 a.m. - 4:15 a.m. November 8, 2000). Bush campaign chairman Donald Evans orders aides to be on a 6 a.m. flight to Florida to begin contesting the recounts. Gore aides give similar orders to their personnel. [CNN, 12/13/2000; Tapper, 3/2001; Vanity Fair, 10/2004; Leip, 2008]

Entity Tags: John Ellis (“Jeb”) Bush, Albert Arnold (“Al”) Gore, Jr., Donald L. Evans, George W. Bush, William Michael (“Bill”) Daley, Fox News, John Prescott Ellis

Timeline Tags: 2000 Elections

A ‘New York Post’ headline from the morning of November 8.A ‘New York Post’ headline from the morning of November 8. [Source: Authentic History]After Democrat Al Gore retracts his concession in the Florida presidential elections (see 3:30 a.m. November 8, 2000), the presidential campaign of Republican George W. Bush makes a decision to focus on one single message: their candidate has won the election, won the presidency, and anything else is wrong. In 2001, author Jake Tapper will write that in his brief conversation with Gore, “Bush doesn’t let on that he knows Florida is still in play. From this moment on, Bush and his team will propagage a myth, repeating it over and over to the American people: he won, definitively, at the moment his cousin called the election for him on Fox News Channel (see 2:15 a.m. November 8, 2000).… [E]verything that happens from this point on is crazy, illegitimate Gore-propelled nonsense.” [Tapper, 3/2001]

Entity Tags: Jake Tapper, George W. Bush, Albert Arnold (“Al”) Gore, Jr., George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

Katherine Harris.Katherine Harris. [Source: AP/Pete Cosgrove]Florida Secretary of State Katherine Harris, one of eight co-chairs of the Florida Bush election campaign and the state official ultimately in charge of election procedures, is introduced to the politics of the Florida presidential recount by a ringing telephone. She is awakened at 3:30 a.m. by a call from the Bush campaign chairman Donald Evans, who puts Governor Jeb Bush, George W. Bush’s brother, on the line. Governor Bush asks coldly, “Who is Ed Kast, and why is he giving an interview on national television?” Harris is unsure who Kast is for a moment. Kast is the assistant director of elections, whose division reports to her office. He is on television talking about the fine points of Florida election law (see 3:30 a.m. November 8, 2000), when and how manual recounts can be requested, and, most importantly, the driving concept of “voter intent”—if a ballot shows the intent of the voter to cast a vote for a candidate, then that vote will be counted. The governor does not want the media narrative to focus on recounts and voter intent, and has already tasked his general counsel with the job of getting Kast off the air as quickly as possible. (CNN “loses” Kast’s transmission in mid-sentence minutes later.) Democrats have questioned the propriety of having the Florida official with ultimate authority over elections being a state chairman for a presidential campaign before now, and in the coming days, the question will devolve into outright accusations of partisanship and impropriety. Harris has called herself “thrilled and honored” to be part of the Bush campaign, and served as a Bush delegate during the Republican National Convention. During the campaign, she often traveled around Florida representing the ticket. Representative Robert Wexler (D-FL) says of Harris: “She is clearly a partisan Republican—and there’s nothing illegal about that. And I give everyone the benefit of the doubt, expecting them to perform their public functions appropriately. But her actions will speak volumes about whether she is qualified. If she does this fairly, fine. But if she acts as an emissary for Bush to steal this election in Florida, she will delegitimize Florida’s vote count.” Harris gives some initial media interviews on November 8, and according to a 2004 Vanity Fair article, “appear[s] overwhelmed and uninformed.” She does not know what county elections supervisors have been doing, and seems unaware of the chaos surrounding the Palm Beach County “butterfly ballot” (see November 9, 2000) and other ballot disputes. The Bush campaign senses trouble and assigns Harris a “minder,” Florida Republican lobbyist Mac Stipanovich, a former campaign advisor for Jeb Bush and a close Bush ally. Stipanovich, the Vanity Fair article will observe, “appealed to Harris’s grandiosity. (Her emails replying to Bush supporters later revealed that she had begun identifying with Queen Esther, who, in the Old Testament, saved the Jews from genocide. ‘My sister and I prayed for full armour this morning,’ she wrote. ‘Queen Esther has been a wonderful role model.’) He told her that nothing less than the course of history rested on her shoulders. ‘You have to bring this election in for a landing,’ he repeated again and again.” Under Stipanovich’s tutelage, Harris quickly learns to stay on message and repeat the given talking points. Stipanovich, who remains out of sight of the media, will later describe his daily routine with Harris to documentary filmmaker Fred Silverman, saying: “I would arrive in the morning through the garage and come up on the elevators, and come in through the cabinet-office door, which is downstairs, and then in the evening when I left, you know, sometimes it’d be late, depending on what was going on, I would go the same way. I would go down the elevators and out through the garage and be driven—driven to my car from the garage, just because there were a lot of people out front on the main floor, and, at least in this small pond, knowledge of my presence would have been provocative, because I have a political background.” [Salon, 11/13/2000; Vanity Fair, 10/2004] Most importantly to the Bush campaign, Harris is a part of the campaign’s message propagation plan to insist that Bush has indisputably won the Florida election (see After 3:30 a.m. November 8, 2000).

Entity Tags: George W. Bush presidential campaign 2000, Donald L. Evans, CNN, Ed Kast, George W. Bush, Katherine Harris, Vanity Fair, John Ellis (“Jeb”) Bush, Fred Silverman, Mac Stipanovich, Robert Wexler

Timeline Tags: 2000 Elections

The four news networks, ABC News, CBS News, Fox News, and NBC News, retract their earlier projection that Republican presidential candidate George W. Bush has won Florida and thereby won the US presidency (see 2:15 a.m. November 8, 2000). The state is again rated as “too close to call.” [Leip, 2008]

Entity Tags: NBC News, ABC News, CBS News, George W. Bush, Fox News

Timeline Tags: 2000 Elections

The US electoral map as of the morning of November 8. Florida, New Mexico, and Oregon are still rated as ‘too close to call.’The US electoral map as of the morning of November 8. Florida, New Mexico, and Oregon are still rated as ‘too close to call.’ [Source: BBC]America wakes to a presidential election too close to call, though many morning newspapers, basing their headlines on the latest information received before going to press in the early morning hours, have headlines declaring George W. Bush (R-TX) the president-elect (see 2:15 a.m. November 8, 2000). The margin in Florida stands officially at Bush with 2,909,135 votes (48.8 percent) to Democratic contender Al Gore’s 2,907,351 votes (48.8 percent)—a margin of 1,784 votes in Bush’s favor. 136,616 votes, or 2.4 percent, are registered to other candidates. Stories of voting irregularities are surfacing, particularly in Palm Beach County, where thousands of voters complain that their punch card ballots led them to vote for candidates they did not intend to select (see 7:00 a.m. November 7, 2000 and After). Later in the day, the Florida state government orders a full machine recount in compliance with Florida Election Code 102.141 that requires a recount of ballots if the margin of victory is 0.5 percent or less. Florida Governor Jeb Bush, the brother of George W. Bush, recuses himself from the process. [Circuit Court of the 15th Judicial Circuit In and For Palm Beach County, Florida, 11/8/2000 pdf file; Jurist, 2003; Leip, 2008] The press reports that if the recounts do not clearly determine a winner, the US might have to wait “up to eight days longer as absentee ballots mailed from overseas are counted” (see 12:00 a.m., November 17, 2000). Governor Bush joins with Florida Attorney General Robert Butterworth, the Florida chairman for the Gore campaign, in a promise “to deal swiftly with any election irregularities.” Governor Bush says, “Voter fraud in our state is a felony, and guilty parties will be prosecuted to the fullest extent of the law.” [National Journal, 11/9/2000] Bush is credited with having won 29 states with 246 electoral votes. Gore has 18 states and the District of Columbia, with a total of 255 electoral votes. Oregon and New Mexico are also rated as “too close to call,” but because of the electoral vote totals, their total of 12 electoral votes are irrelevant. Florida’s 25 votes, however, are necessary for either candidate to win the election. To be declared president, one or the other needs to reach 270 votes. Wisconsin and Iowa are also briefly considered close, though Gore wins both of those states, and eventually Oregon and New Mexico (see November 13 - December 1, 2000), all with razor-thin margins. [Leip, 2000; CNN, 11/13/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., John Ellis (“Jeb”) Bush, Robert Butterworth, George W. Bush

Timeline Tags: 2000 Elections

George W. Bush (R-TX), reiterating the message of his campaign that he has indisputably won the Florida elections (see After 3:30 a.m. November 8, 2000), meets with reporters on the patio of the governor’s mansion in Texas, accompanied by his vice-presidential running mate, Dick Cheney. Bush tells reporters: “This morning brings news from Florida that the final vote count there shows that Cheney and I have carried the state of Florida. And if that result is confirmed in an automatic recount, as we expect it will be, we have won the election.” Bush is referring to the machine recounts triggered by the closeness of the election results (see Early Morning, November 8, 2000). Bush tells reporters that the race will “be resolved in a quick way,” a statement contradicted by Florida Secretary of State Katherine Harris, who says the questions surrounding the race “will not be resolved for 10 days.” Harris will soon be brought to heel and make statements as authorized by the Bush campaign (see After 3:30 a.m. November 8, 2000 and After). Bush takes a single question, then he and Cheney leave the lectern without speaking further. For his part, Democratic presidential candidate Al Gore urges that the process be carried out “expeditiously but deliberately—without a rush to judgment.” Gore says: “We now need to resolve this election in a way that is fair, forthright, and fully consistent with our Constitution and our laws. What is at issue here is the fundamental fairness of the process as a whole.” Bush campaign aides tell reporters that they are preparing to transition into the White House, with Bush naming Cheney to head the White House transition team and former Ford Motors executive Andrew Card named as White House chief of staff. [ABC News, 11/9/2000; Tapper, 3/2001]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Andrew Card, Katherine Harris, Richard (“Dick”) Cheney, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

New York Daily News columnist Mike Barnicle, considered by many to be a liberal, tells MSNBC viewers that Democratic presidential contender Al Gore should concede the election. Barnicle says, referring to Gore’s father, former Democratic Senator Albert Gore Sr.: “This could be Al Gore’s moment. It could be the moment where he finally gets the chance to live up to his great father’s ideals and have the courage to step aside.” [Fairness and Accuracy in Reporting, 11/16/2000; NewsBusters, 2011]

Entity Tags: Michael Barnicle, Albert Arnold (“Al”) Gore, Sr., Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections, Domestic Propaganda

James Baker and Warren Christopher.James Baker and Warren Christopher. [Source: Slate / Metrolic]The Gore campaign sends a quick-response team led by Al Gore’s former chief of staff, lawyer Ron Klain, to Florida to deal with the uncertainty of the Florida presidential race (see Early Morning, November 8, 2000). Almost immediately, Klain and his group are inundated with rumors of voting irregularities—understaffed polling places in Democratic strongholds, Democratic voters sent on “wild goose chases” to find their proper polling places, African-Americans illegally prevented from voting (see November 7, 2000), police roadblocks set up to keep voters from reaching their polls (see 11:30 a.m. November 7, 2000). Klain and his group are unable to ascertain the truth or fiction behind some of the rumors, though they learn about one that is verifiable—the problems surrounding Palm Beach County’s “butterfly ballot” that seem to have cost Gore some 2,600 votes (see November 9, 2000). Klain and the Gore campaign’s Florida head, Nick Baldick, learn that 10,000 votes for both candidates in Palm Beach have been set aside, uncounted, because of their classification as “undervotes”—votes that record no choice for president. Some 4 percent of Palm Beach voters cast their votes for senator but not for president, according to the machine scoring, a conclusion Klain and Baldick find hard to believe. They soon learn that many more “undervotes” were set aside in Miami-Dade County, like Palm Beach a Democratic stronghold. Broward County, which includes the heavily Democratic Fort Lauderdale region, is the source of a number of rumors concerning missing ballot boxes and unbelievable precinct totals. And Volusia County, another expected mine of Gore voters, initially reported a total of negative 16,000 votes for Gore. The automatic recount triggered by Florida law would not address any of these issues; manual recounts and human examination of ballots would be required to sort through the inconsistencies. Klain asks a number of Florida lawyers for legal advice and finds little help: the lawyers he contacts tell him that they are reluctant to give too much aid to the Gore campaign. “All the establishment firms knew they couldn’t cross Governor [Jeb] Bush [brother of presidential candidate George W. Bush] and do business in Florida,” Klain will later recall. Klain instead pulls together an ad hoc team to be led by former Secretary of State Warren Christopher, now a lawyer in Los Angeles. Gore chooses Christopher because he believes Christopher will lend the team an image of decorous, law-abiding respectability. But, according to a 2004 Vanity Fair report, “Christopher set a different tone, one that would characterize the Democrats’ efforts over the next 35 days: hesitancy and trepidation.” One of Christopher’s first statements on the situation is given to Gore’s running mate Joseph Lieberman, with Christopher saying: “I think we should be aggressive in asserting our position. But we’ve got to temper what we do with the realization that the nation is focused on us and is expecting to act responsibly.” The Bush campaign’s approach is very different from that taken by the sometimes-timorous Christopher. Their quick-response campaign team is headed by Texas lawyer James Baker, a close Bush family friend and another former secretary of state. As Vanity Fair will write, the Bush team “dug in like a pit bull,” issuing frequent press statements that hew to the same line: Bush won the vote on the morning of November 8 (see 2:15 a.m. November 8, 2000 and After 3:30 a.m. November 8, 2000) and therefore is the legitimate president. Any attempts to alter that “fact” amount to “mischief.” Privately, Baker worries that the narrative is untenable, telling his team: “We’re getting killed on ‘count all the votes.’ Who the hell could be against that?” The Gore campaign will ask for manual recounts in four counties, Palm Beach, Broward, Miami-Dade, and Volusia (see November 9, 2000), and the choice of selective recounts, as opposed to asking for statewide recounts, gives Baker the opening he is looking for. [National Journal, 11/9/2000; Tapper, 3/2001; Vanity Fair, 10/2004]

Entity Tags: County of Palm Beach (Florida), Warren Christopher, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Miami-Dade (Florida), Ron Klain, Vanity Fair, Joseph Lieberman, George W. Bush presidential campaign 2000, George W. Bush, County of Volusia (Florida), Nick Baldick, John Ellis (“Jeb”) Bush, James A. Baker, County of Broward (Florida)

Timeline Tags: 2000 Elections

A screenshot from NBC News’s November 19, 2000 ‘Meet the Press’ broadcast, featuring Tim Russert using a whiteboard to illustrate electoral vote tallies.A screenshot from NBC News’s November 19, 2000 ‘Meet the Press’ broadcast, featuring Tim Russert using a whiteboard to illustrate electoral vote tallies. [Source: NBC / Infoimagination (.org)]NBC political commentator Tim Russert recommends that Democratic presidential contender Al Gore either concede the election or wrap up his challege to the reported election results (see Early Morning, November 8, 2000 and After 3:30 a.m. November 8, 2000) to avoid being called “a whiner.” Russert says that the election recounts are a “crisis” that must be resolved as quickly as possible. Gore “can’t extend it to too long, nor can he become a whiner about Florida at some point,” he says, and adds: “If they continue then to file lawsuits and begin to contest various areas of the state, then people will begin to suggest: ‘uh-oh, this is not magnanimous. This is being a sore loser.’ I think the vice president understands that as well.… If it starts dragging into petty politics and we get to Thanksgiving and we still don’t know who our president is, I think the public will not have much patience with the candidate they believe is dragging it out.” The progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will note that polls show strong majorities of Americans favor continuing the recount process if it will ensure the accuracy of the voting results, even weeks into the recount process. FAIR will write, “[M]ost public opinion polls suggest that citizens are taking a much more reasonable approach to the situation than some of the elite media, supporting a process that emphasizes fairness rather than speed.” [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Tim Russert, NBC News, Fairness and Accuracy in Reporting

Timeline Tags: 2000 Elections, Domestic Propaganda

Representatives Robert Wexler (D-FL) and Mark Foley (R-FL), both representing districts in the Palm Beach County area of Florida, argue about the confusing “butterfly ballot” that plagued many Palm Beach voters (see 7:00 a.m. November 7, 2000 and After and November 9, 2000) with interviewer Larry King on CNN. Much of the debate centers on the ballot design and its approval by Palm Beach elections supervisor Theresa LePore, a Democrat. (In his 2001 book Down and Dirty, author Jake Tapper will note that LePore was originally registered as a Republican, then an independent, before registering as a Democrat, and is not particularly partisan with any party.) Foley, a Bush campaign supporter, defends LePore and the ballot, saying that the entire ballot situation is caused by recalcitrant Democrats unwilling to accept defeat, while Wexler, arguing on behalf of the Gore campaign, says the ballot is illegal and cost Al Gore the votes he needed to win Florida and the presidency. Wexler accurately describes many Palm Beach voters as “hysterical” because they feared they had accidentally voted for third-party candidate Pat Buchanan and not for Gore, and says the ballot design does not comply with Florida law. “Illegal is illegal, confusion is confusion, and the presidency shouldn’t hinge on it,” Wexler says. Foley is inaccurate in saying that Buchanan has a large base of support in Palm Beach, though he jokes that some of those putative pro-Buchanan voters “may be deranged.” Foley denies Wexler’s description of “mass confusion” at the Palm Beach polling places, and notes, accurately enough, that “a Democratic supervisor of elections [LePore] approved the layout and approved the ballot.” King says that as a Democrat, Wexler “signed off” on the ballot design, drawing a retort from Wexler: “That’s not exactly so, Larry. Many people did complain to the supervisor of elections when they saw the sample ballot.” LePore, watching the discussion on television, is angered by Wexler’s charge; she later says she mailed out 655,000 sample ballots to voters, gave copies to all 150-odd candidates on the ballot, mailed copies to local Democratic and Republican representatives, and provided copies for publication in the Palm Beach Post and the Orlando Sun-Sentinel, and received no complaints whatsoever. Wexler goes on to note that LePore sent out an unprecedented voter advisory reminding voters how to cast their votes for their desired presidential candidate, “which I’ve never seen done.” LePore is further angered by Wexler’s failure to acknowledge that he was one of the people who requested the advisory. “What a liar!” LePore thinks as she watches Wexler’s comments. Wexler argues that “the presidency of the United States hangs in the balance.… The entire election system of America is on trial right now. We need to make certain it is done in a fair way.” [St. Petersburg Times, 11/10/2000; Tapper, 3/2001]

Entity Tags: Larry King, CNN, Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), Jake Tapper, Mark Foley, Patrick Buchanan, Theresa LePore, Robert Wexler, George W. Bush

Timeline Tags: 2000 Elections

’Corrected’ St. Louis Post-Dispatch from November 8 headline showing the uncertain state of the election.’Corrected’ St. Louis Post-Dispatch from November 8 headline showing the uncertain state of the election. [Source: St. Louis Post-Dispatch / Authentic History]The US presidential election remains undecided as “final” tallies are reported. Vice President Al Gore (D-TN) has a slim popular vote lead, with 48,976,148 votes to contender George W. Bush (R-TX)‘s 48,783,510 votes, for a popular-vote margin of 192,638. Gore has won 18 states plus the District of Columbia for 260 electoral votes; Bush has 29 states with 246 electoral votes. Florida’s 25 undecided electoral votes will give either candidate enough to surpass the 270 electoral votes needed to claim the presidency. [Leip, 2008]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., George W. Bush

Timeline Tags: 2000 Elections

Gore campaign aide Donnie Fowler writes a memo to his boss, Gore political advisor Michael Whouley, while at a Palm Beach County, Florida, diner. Fowler notes the following:
bullet Palm Beach County rejected 19,000 ballots due to “double-voting,” or “overvotes,” where confused voters cast their votes for Democrat Al Gore and third-party candidate Patrick Buchanan. Fowler calls the ballot “confusing and illegal” (see 7:00 a.m. November 7, 2000 and After and November 9, 2000). The rejected ballots comprise 4 percent of the presidential votes cast, whereas only 0.8 percent of the ballots were rejected for overvotes in the Senate race on the same ballot.
bullet The voting trends indicate a possible Voting Rights Act violation: whereas 4 percent of ballots were rejected for overvotes county-wide, some 15-16 percent of the ballots were rejected in precincts with large African-American populations.
bullet Democratic presidential candidate Al Gore has picked up some 650 votes in the machine recount; Fowler expects Florida to certify its machine recounts (see Early Morning, November 8, 2000) by 5:00 p.m. today (see 5:00 p.m. November 9, 2000).
bullet Palm Beach elections board member Judge Charles Burton, the only Republican on the board, admitted in a press conference that punch-card ballot systems are faulty because, Fowler writes, “little dots punched out can interfere with actual counting by machine.” Others also criticize the “antiquated” voting machines.
bullet Reports exist of voters being turned away after the 7:00 p.m. poll closing time, in violation of laws that state voters already in line at closing time can vote.
bullet Evidence exists that a Republican county commissioner coerced a Democratic county commissioner into holding a recount test less than 24 hours after the polls closed.
bullet 500 absentee ballots were left at a post office on Election Day, and presumably were not counted.
bullet Poll headquarters registered some 3,000 complaints, an extraordinary number. There may have been more, but many voters were unable to get through on the phone on Election Day. [Tapper, 3/2001]

Entity Tags: Charles Burton, Albert Arnold (“Al”) Gore, Jr., Michael Whouley, Al Gore presidential campaign 2000, County of Palm Beach (Florida), Patrick Buchanan, Donnie Fowler

Timeline Tags: 2000 Elections

By the end of the business day, 64 of Florida’s 67 counties have retallied their machine votes. Presidential candidate George W. Bush (R-TX) leads Vice President Al Gore (D-TN) by 362 votes in an unofficial tally released by the Associated Press. Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) announces that official results from the recount may not be completed until November 14. [Leip, 2008] The Bush campaign’s quick-response team (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000) finds the recount tallies sobering and fears a true manual recount. Led by lawyer James Baker, they decide that the only way to ensure victory for their candidate is to stop all recounts. [Vanity Fair, 10/2004]

Entity Tags: James A. Baker, Albert Arnold (“Al”) Gore, Jr., George W. Bush, George W. Bush presidential campaign 2000, Katherine Harris

Timeline Tags: 2000 Elections

ABC News’s Nightline broadcasts an hour-long analysis of the Florida election recount situation (see Early Morning, November 8, 2000 and November 9, 2000). However, host Ted Koppel interviews three representatives from the Bush presidential campaign (see After 3:30 a.m. November 8, 2000) and none from the Gore campaign, leading to what the progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will later call a slanted report. All three Bush aides call the recount situation a “crisis” that must be resolved immediately (see Evening, November 8, 2000), deride reports of voter manipulation and minority voters denied their right to vote (see November 7, 2000), and accuse the Gore campaign of attempting to steal the election through legal maneuvering. “Koppel did not subject his guests to tough questioning,” FAIR will note. [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: ABC News, Fairness and Accuracy in Reporting, George W. Bush presidential campaign 2000, Al Gore presidential campaign 2000

Timeline Tags: 2000 Elections, Domestic Propaganda

In an editorial, the New York Times sounds a cautionary note about the Florida presidential election, warning both sides to avoid what it calls “scorched earth” solutions. It begins by accusing the Democratic presidential nominee, Vice President Al Gore, of “escalat[ing] the atmosphere of combat surrounding the presidential election results with his decision to go to court in Florida” (see November 10, 2000). The Times acknowledges that “Gore has a right as a private citizen to take his grievances to court. But he and Governor George W. Bush [the Republican candidate and apparent frontrunner] are also political figures seeking the world’s most important leadership position. Part of the test of presidential leadership, it seems to us, is finding a way to resolve electoral matters in the political arena.” The Times calls the Gore campaign’s discussion of potential lawsuits “worrying,” accuses it of a “rush to litigation,” and says the Gore campaign should not be using phrases like “constitutional crisis.” Nor should it talk about “efforts to block or cloud the vote of the Electoral College on December 18” (though Bush campaign advisors have threatened just such efforts—see November 1, 2000 and After). The Times says it agrees with CNN’s Bill Schneider that to challenge the machine tallies in Florida would be to choose a “treacherous path.” The Times acknowledges that reports of voting irregularities (see November 7, 2000, Mid-Morning, November 8, 2000, and November 9, 2000) “need to be taken seriously,” but not so much so as to question the results as already reported. To call for manual recounts or file legal challenges, the Times writes, would “paralyze… the succession process, undermine… the finality of presidential elections, and make… nervous a world that looks to the United States as a model of political stability. Neither the prospect of legal warfare nor Mr. Bush’s rush to put together a transition team is helpful at this point.” [New York Times, 11/10/2000]

Entity Tags: George W. Bush, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., Bill Schneider, US Electoral College, George W. Bush presidential campaign 2000, New York Times

Timeline Tags: 2000 Elections, Domestic Propaganda

The “quick response” legal team of the Bush presidential campaign, led by former Secretary of State James Baker (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000), asks for a federal injunction to stop hand recounts of ballots in several Florida counties because of what it alleges are equal protection and other constitutional violations (see November 9, 2000). Two days later, US District Judge Donald Middlebrooks rejects the request. Throughout the upcoming weeks, Baker and his team will continue to demand that recounts be blocked, while accusing the Gore campaign of asking for “recount after recount” and saying that the voting machine totals are more accurate than manual (hand) vote tallies. [US District Court, Southern District of Florida, 11/13/2000 pdf file; US News and World Report, 12/13/2000; CNN, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Bush campaign decided after the manual recounts that it must stop all subsequent recounts, but at the same time must pin the blame for “taking the election to court” on the Gore campaign. So even though Baker and his team are the first to file motions in court, and though it is Baker’s team that will contest all recounts from this point onward, Baker and his team will persist in accusing the Gore campaign of trying to have the election decided in court and not by the votes. A 2004 article in Vanity Fair will characterize this attempt as very successful in the mainstream media. [Vanity Fair, 10/2004]

Entity Tags: Donald Middlebrooks, Albert Arnold (“Al”) Gore, Jr., James A. Baker, Al Gore presidential campaign 2000, George W. Bush, Vanity Fair, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

According to media analyses performed by the Center for American Progress (CAP) and by the team of Kathleen Hall Jamieson and Paul Waldman, the Sunday talk show coverage of the Bush-Gore conflict in Florida between November 12 and December 10 is heavily skewed towards painting George W. Bush as the legitimate president (see After 3:30 a.m. November 8, 2000) and Al Gore the losing contender who continues to carry on after having legitimately lost the election. On December 3 and December 10, panelists on ABC’s This Week refer to Bush’s future presidency 27 times. Tim Russert, the host of NBC’s Meet the Press, does so 19 times and calls Bush’s running mate Dick Cheney the “vice president.” In a December 3 interview, Russert asks Cheney if he feels Gore is being a “sore loser” (see November 24, 2000 and After). On December 3, ABC’s Sam Donaldson attempts to get Gore’s running mate, Joseph Lieberman, to concede the election on-air. ABC’s Cokie Roberts attempts to get a concession from Gore campaign representative George Mitchell. Jamieson and Waldman later determine that in the five Sunday shows aired by the three networks during this time period, the word “concede” appears in 23 questions. In 20 of these questions, the hypothetical conceder is Gore. In the other three questions, the hypothetical conceder is no one. Similarly, the hosts and guests on these talk shows, and on other network news broadcasts, frequently warn of “dire consequences” to America’s constitutional democracy if the Florida question is not settled immediately. The hosts also issue frequent warnings that the citizenry’s patience is at “the breaking point,” though polls consistently show that most Americans are content to let the recall process work itself out. CAP later notes, “The Baker-Bush team [referring to James Baker, the head of the Bush campaign’s ‘quick response’ recount team—see Mid-Morning, November 8, 2000] worked hard to create this crisis atmosphere in the hopes of increasing the pressure on Gore to relent for the good of the country, the markets, and the maintenance of world peace.” During this time period, Russert tells viewers, “We could have chaos and a constitutional crisis.” NBC’s Tom Brokaw tells viewers: “If the Florida recount drags on, the national markets are at risk here. National security is involved.” Pundits on ABC’s This Week warn of “turmoil” if Gore does not concede; pundits on CBS’s Face the Nation remark on “spinning out of control.” Columnist David Broder says this period of US history is worse than the turmoil the country weathered after the assassination of President John F. Kennedy. [Center for American Progress, 12/9/2010]

Entity Tags: George Mitchell, Tom Brokaw, Center for American Progress, Albert Arnold (“Al”) Gore, Jr., ABC News, Tim Russert, David Broder, Sam Donaldson, Paul Waldman, James A. Baker, George W. Bush presidential campaign 2000, George W. Bush, Richard (“Dick”) Cheney, Joseph Lieberman, NBC News, Kathleen Hall Jamieson, Cokie Roberts

Timeline Tags: 2000 Elections

The Bush presidential campaign demands, and receives, a manual recount in New Mexico. Democrat Al Gore had an early, if narrow, lead in the state during the November 7 returns, but a programming error was found that gave Bush a slim lead. New Mexico’s five electoral votes were withdrawn from the Gore column and the state was classified as “too close to call” (see November 10, 2000). Bush picks up 125 votes on the recount of Roosevelt County. Although the Bush campaign and its Republican allies staunchly oppose manual recounts in Florida (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 11, 2000, November 11-13, 2000, and November 12, 2000), GOP lawyer and national committeeman Mickey Barnett says in a New Mexico court filing that there is, “of course, no other way to determine the accuracy of this apparent discrepancy, or machine malfunction, other than the board reviewing the votes by hand.” Barnett secures a recount of Roosevelt County’s “undervotes” (ballots that supposedly recorded no preference for president), noting that the county recorded 10 percent of its voters as registering no preference. Barnett and the Bush campaign do not ask for manual recounts of much larger undervotes in three largely Democratic counties. In 2010, columnist Eric Alterman will write: “The only conceivable reason why the GOP cared enough about New Mexico’s five electoral votes as late as December 1 was the fear that if it carried Florida by legislative fiat—in defiance of the courts (see 11:45 a.m. November 30, 2000)—it might lose individual electors in other states. New Mexico would have been a cushion against such defections.” Towards the end of the recounts, another error is found that gives Gore a 500-vote advantage. Gore receives New Mexico’s electoral votes. The final tally: 286,783 votes for Gore and 286,417 for Bush, with a difference in favor of Gore of 366 votes. [Leip, 2000; CNN, 11/13/2000; US Constitution (.net), 2010; Center for American Progress, 12/9/2010]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Roosevelt (New Mexico), George W. Bush presidential campaign 2000, Eric Alterman, Mickey Barnett

Timeline Tags: 2000 Elections

Former Reagan administration cabinet member James Baker, leading the Bush campaign’s legal challenges to the Florida recount process (see After 3:30 a.m. November 8, 2000), makes public statements recommending that the Gore campaign drop its advocacy of the recounts and accept the 5:00 p.m. tallies (see Evening, November 14, 2000). A senior advisor to the Gore campaign, former Secretary of State Warren Christopher, declines, saying, “That’s like offering you the sleeves from your vest.” [US News and World Report, 12/13/2000]

Entity Tags: Al Gore presidential campaign 2000, Warren Christopher, James A. Baker, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

After her self-imposed deadline of 5:00 p.m. for election results certification passes (see 9:00 a.m. November 13, 2000), Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), announces that George W. Bush (R-TX) leads Vice President Al Gore (D-TN) by some 300 votes, based on returns submitted by all 67 Florida counties. The 300-vote lead Bush currently has is substantially smaller than the 1,784-vote lead he had immediately after the election. Harris says she will comply with a judicial order to consider late returns (see Afternoon, November 14, 2000). She gives three heavily Democratic counties still counting votes until 2:00 p.m. November 15 to submit written explanations as to why they want to add their manual-recount tallies after the deadline; all three counties will comply with her request. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: George W. Bush, Katherine Harris, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

A Florida absentee ballot.A Florida absentee ballot. [Source: SaintPetersBlog (.com)]The Bush and Gore campaigns begin a weeks-long wrangle over the issue of Florida’s absentee ballots. The deadline for counting absentee ballots received from citizens overseas is November 17 (see 12:00 a.m., November 17, 2000). Rumors of large numbers of military absentee ballots, presumably favoring Bush in number, and a large number of ballots from American Jews in Israel, presumably favoring Gore, have swirled for days among the media and in both campaigns. Gore campaign lawyer Mark Herron compiles a long memo on the rules governing absentee ballots to Democratic lawyers at each of the 67 county canvassing boards; a copy of the memo is obtained by a Republican legal team, and soon Bush spokespersons are quoting from it to accuse the Gore campaign of attempting to disenfranchise Americans in uniform. The Gore campaign sends vice-presidential candidate Joe Lieberman (D-CT) onto the Sunday morning television talk shows to shore up its position, and Lieberman protests that the campaign would never do anything to disenfranchise soldiers. Lieberman says that in his opinion, the most permissive standards should be applied to the absentee ballots. Herron and other Gore lawyers are dismayed by Lieberman’s position, as these standards would admit a larger influx of absentee ballots, the majority of which they believe will go to Bush. Okaloosa County, a Panhandle county with six military bases, becomes a center of the controversy. Lawyers from both campaigns and both parties attempt to wrangle the issue among themselves and the Okaloosa elections board, often becoming pushy and confrontational. Bush lawyers insist that the rules should be, in essence, jettisoned and all absentee ballots admitted regardless of postmarks, valid numbers and addresses, etc.; Okaloosa elections supervisor Pat Hollarn, a centrist Republican, refuses. “I told them not only no but hell no,” she later recalls. A 2004 Vanity Fair article will note, “At the same time, in the more Democratic counties, Bush lawyers were arguing just as passionately that rules should be strictly adhered to and any questionable ballots put aside.” After the wrangling has settled and the ballots are counted (see 12:00 a.m., November 17, 2000), Bush wins a net gain of 123 votes. [Vanity Fair, 10/2004]

Entity Tags: County of Okaloosa (Florida), Al Gore presidential campaign 2000, Pat Hollarn, Mark Herron, Joseph Lieberman, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

The presidential campaign of George W. Bush (R-TX—see After 3:30 a.m. November 8, 2000) joins in a motion filed by Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), to stop all manual ballot recounts in Florida (see 8:00 a.m. November 15, 2000). Harris imposed a deadline of 5:00 p.m. November 14 for all recounts to be completed and all results certified (see 9:00 a.m. November 13, 2000 and Evening, November 14, 2000). The request is rejected by a federal judge later in the day. [Leip, 2008]

Entity Tags: George W. Bush, Katherine Harris, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), announces that she will not consider any further submissions of recounted election ballots from any Florida counties (see Evening, November 14, 2000). She has already accepted submissions from three counties still conducting recounts (see November 14, 2000, 3:40 p.m. November 15, 2000, and 4:30 p.m. November 14, 2000), and has received written explanations from three counties—Miami-Dade, Broward, and Palm Beach—explaining why they need additional time to complete their recounts. Palm Beach explained that it had found serious discrepancies between the results of its machine and sample manual recounts. Broward told of a large voter turnout and accompanying logistical problems. Miami-Dade said it had reason to believe that a manual recount would provide significant differences in its results (see November 7, 2000). Harris announces that she finds all three counties’ explanations insufficient and will not include their recount tallies in her final election numbers. [US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008]

Entity Tags: County of Miami-Dade (Florida), County of Broward (Florida), Katherine Harris, County of Palm Beach (Florida)

Timeline Tags: 2000 Elections

The Bush presidential campaign rejects the Gore presidential campaign’s proposal for a statewide manual recount of Florida’s presidential votes (see 6:36 p.m. November 15, 2000), stating that such a recount would be neither fair nor accurate. George W. Bush also informs the Gore campaign that he has no interest in meeting with Al Gore face-to-face, though he says he is open to such a meeting after the election. [Leip, 2008] “The outcome of this election,” Bush says in a statement, “will not be the result of deals or efforts to mold public opinion” (see After 3:30 a.m. November 8, 2000). [US News and World Report, 12/13/2000]

Entity Tags: Al Gore presidential campaign 2000, George W. Bush, Albert Arnold (“Al”) Gore, Jr., George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

Lawyers for the Bush presidential campaign (see After 3:30 a.m. November 8, 2000) submit written arguments to the US Federal Appeals Court in Atlanta demanding that Florida immediately halt all recounts (see 8:00 a.m. November 15, 2000 and 12:00 p.m., November 15, 2000), calling manual recounts “unconstitutional.” Three Florida counties are still engaged in manual recounts (see November 14, 2000, 3:40 p.m. November 15, 2000, and 4:30 p.m. November 14, 2000). Democrats file papers with the same court opposing the Republican motion. [US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: Al Gore presidential campaign 2000, George W. Bush presidential campaign 2000, George W. Bush

Timeline Tags: 2000 Elections

The deadline of midnight November 17 for Florida to count and tally all overseas absentee ballots, under Florida Administrative Code, Chapter 1S-2.013, arrives. [Leip, 2008] A US News and World Report article indicates that the deadline is noon November 18, not midnight of November 17, though this indication is erroneous. Absentee ballots continue to trickle in and be counted throughout the day and into the evening. [US News and World Report, 12/13/2000; Authentic History, 7/31/2011] Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), issues an opinion—in conflict with Florida state law—saying that absentee ballots can be counted even if received by mail up to 10 days after November 17 as long as they were sent from outside the country and postmarked by Election Day. Rumors of large numbers of military absentee ballots, presumably favoring George W. Bush in number, and a large number of ballots from American Jews in Israel, presumably favoring Al Gore, have swirled for days among the media and in both campaigns. A 2004 article by Vanity Fair will speculate that Mac Stipanovich, Harris’s “handler” from the Bush campaign, made the decision to have Harris issue her opinion after deciding that the likelihood of Bush gaining votes from the military absentee ballots was higher than the speculative Gore bounce from the perhaps-mythical flurry of votes from Israel. [Vanity Fair, 10/2004] Bush gains 123 votes from the absentee ballots (see November 15-17, 2000).

Entity Tags: George W. Bush presidential campaign 2000, George W. Bush, Vanity Fair, Mac Stipanovich, Katherine Harris

Timeline Tags: 2000 Elections

Leon County Judge Terry Lewis rules that Florida law gives Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), “broad discretionary authority to accept or reject late-filed returns,” referring to recounts submitted after Harris’s November 14 deadline (see 9:14 p.m., November 15, 2000). After Lewis issues his ruling, Harris issues a statement hinting she is poised to certify the election when the absentee ballots are in by noon on November 18 (see November 18, 2000). An hour after the ruling, James Baker, representing the Bush campaign team, says George W. Bush and his running mate Dick Cheney “are understandably pleased” with Lewis’s finding. “The rule of law has prevailed,” he says. Gore campaign lawyer Warren Christopher warns against premature “partying” by Republicans, and says the campaign is taking Lewis’s ruling to the Florida Supreme Court. This afternoon, the Florida Supreme Court puts a hold on Lewis’s decision, citing a pending appeal by the Gore campaign (see 5:00 p.m. November 17, 2000). [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Katherine Harris, County of Leon (Florida), Florida Supreme Court, James A. Baker, Richard (“Dick”) Cheney, Terry Lewis, George W. Bush, Warren Christopher

Timeline Tags: 2000 Elections

The Florida Supreme Court bars Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), from rejecting all post-deadline recount tallies (see 9:14 p.m., November 15, 2000) as well as certifying George W. Bush (R-TX) as the state’s presidential winner “until further order of this court” (see 10:04 a.m. - 12:45 p.m. November 17, 2000). It sets a hearing for Monday, November 20 to hear arguments on the recount dispute. The Court says flatly, “it is NOT the intent of this order to stop the counting.” [Supreme Court of Florida, 11/17/2000 pdf file; US News and World Report, 12/13/2000; Leip, 2008] Harris is prepared to certify Bush as the winner (see Evening, November 14, 2000), which would give him the electoral votes needed to grant him the presidency (see November 9, 2000). With that no longer a possibility, James Baker, the leader of the Bush “quick response” campaign recount team (see Mid-Morning, November 8, 2000), issues a public threat: the incoming Florida speaker of the House, Republican Tom Feeney, will, if necessary, take matters into his own hands and vote in an independent slate of “electors” who would journey to Washington and vote for Bush in the US Electoral College. Because both houses of the Florida legislature are dominated by Republicans, Feeney could pass just such a bill authorizing that procedure. [Vanity Fair, 10/2004] Bush and his campaign officials harshly denounce the Court’s ruling. Bush accuses the Court of using “the bench to change Florida’s election laws and usurp the authority of Florida’s election officials,” and states that “writing laws is the duty of the legislature; administering laws is the duty of the executive branch.” However, the liberal news Web site Consortium News notes that Bush seems unaware of the duty of the judicial branch, “a fact taught to every American child in grade-school civics class—that it is the duty of the judiciary to interpret the laws. It is also the responsibility of the courts to resolve differences between parties under the law.” [Consortium News, 11/23/2000]

Entity Tags: Tom Feeney, Florida Supreme Court, Katherine Harris, George W. Bush presidential campaign 2000, George W. Bush, James A. Baker, Consortium News, US Electoral College

Timeline Tags: 2000 Elections

Florida’s presidential vote tallies are adjusted, in line with state law, to reflect absentee ballots (see 12:00 a.m., November 17, 2000 and November 15-17, 2000). The slim lead belonging to George W. Bush (R-TX—see Evening, November 14, 2000) expands to 930 votes; Bush picks up 1,380 votes and Vice President Al Gore (D-TN) picks up 750 votes. [US News and World Report, 12/13/2000; Leip, 2008] After the modified vote tallies are announced, Bush campaign officials begin publicly complaining of manual-recount irregularities. [Pittsburgh Post-Gazette, 12/17/2000] Three Florida counties are either engaged in manual recounts or are preparing to recount (see November 17, 2000, 3:40 p.m. November 15, 2000, and 3:00 p.m., November 16, 2000).

Entity Tags: George W. Bush presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., George W. Bush

Timeline Tags: 2000 Elections

The online news Web site Salon reports that while the Bush campaign opposes the Gore campaign’s requests for manual recounts in four heavily Democratic counties (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 10, 2000, November 11-13, 2000, 9:00 a.m. November 13, 2000, 12:00 p.m., November 15, 2000, 10:15 p.m., November 15, 2000, Early Morning, November 16, 2000, 5:00 p.m. November 17, 2000, and 12:36 p.m. November 19, 2000), it quietly accepted voluntary manual recounts from four Florida counties that contributed 185 votes to the Bush tally. According to Salon, in those four counties—Seminole, Polk, Taylor, and Hamilton—elections officials took it upon themselves to manually count ballots that could not be read by machine, so-called “undervotes.” Those recounts are entirely legal. The Seminole recount garnered 98 votes for George W. Bush. Al Gore lost 90 votes in Polk County because the votes had apparently been counted twice. The Taylor recount garnered four votes for Bush. The Hamilton recount garnered 10 votes for Gore. (A similar report by the online news site Consortium News uses different counties—Franklin, Hamilton, Seminole, Washington, Taylor, and Lafayette—to note that Bush has garnered some 418 votes in those counties’ recounts.) Bush campaign spokeswoman Mindy Tucker says that under Florida law, county canvassing boards have the discretion as to whether to inspect uncounted ballots by hand, and says that the Gore campaign’s calls for recounts of undervotes in Miami-Dade County (see November 7, 2000) is another in its attempt to “continually try to change the rules in the middle of the game. The ballots were inspected by hand in some cases but not all, and under Florida law it’s the canvassing board’s decision legally. It’s our belief that these votes have been counted.” Gore spokesman Chris Lehane says the Gore campaign wants the same consideration given to Miami-Dade votes as given to votes in other counties. Moreover, Miami-Dade uses punch-card ballots, which yield far more errors than the “optiscan” balloting systems used in Seminole, Polk, Taylor, and Hamilton. “Keep in mind, punch cards are used in poorer areas,” he says. “Most of these other ballots were optical ones where the reliability was much, much higher. And in poorer areas, you have bad machines or flawed ballots. We think we have a pretty clear and compelling argument.” Senior Bush campaign adviser James Baker says that manually recounting votes in Democratic-leaning counties was comprised of “subjective” attempts to “divine the intent of the voter,” and that hand-counting votes provides “tremendous opportunities for human error and… mischief.” Democrats retort that Baker’s statement is hypocritical, and point to Bush’s gain in Republican-leaning counties as proof of both the accuracy of recounting and the need to count each vote. [Consortium News, 11/19/2000; Salon, 11/28/2000]

Entity Tags: County of Polk (Florida), County of Franklin (Florida), Chris Lehane, Albert Arnold (“Al”) Gore, Jr., County of Hamilton (Florida), County of Miami-Dade (Florida), County of Washington (Florida), James A. Baker, County of Seminole (Florida), County of Taylor (Florida), County of Lafayette (Florida), George W. Bush, George W. Bush presidential campaign 2000, Mindy Tucker

Timeline Tags: 2000 Elections

Bush campaign attorneys note that all the absentee ballots have been tallied (see November 18, 2000 and November 15-17, 2000). They ask the Florida Supreme Court to just instruct the State of Florida to name a winner of its presidential election (see After 3:30 a.m. November 8, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush presidential campaign 2000, George W. Bush

Timeline Tags: 2000 Elections

The Florida Supreme Court hears recount arguments from both the Gore and Bush presidential campaigns regarding whether Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), should consider hand-recounted ballots before she certifies results of the presidential election (see 5:00 p.m. November 17, 2000). Bush lawyers argue that the Court is “without power” to decide which ballots should or should not be tallied. At 9:45 p.m. November 21, the Court unanimously rules that the manual recounts can continue and that Harris must accept those totals in the final results (see 10:04 a.m. - 12:45 p.m. November 17, 2000). The Court rules that the deadline for certifying the election is either 5:00 p.m. November 26, a Sunday, or November 27, at Harris’s discretion. Harris’s staff is caught by surprise by the ruling, downloading it off the Internet instead of receiving a copy from the Court; Harris’s plan to certify George W. Bush as president is blocked. Democratic presidential candidate Al Gore welcomes the ruling, saying that both he and Bush should plan their transitions in case either is certified. [Supreme Court of Florida, 11/21/2000 pdf file; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court says in its ruling that “the right of the people to cast their vote is the paramount concern overriding all others.” Campaign observers have said that if the Florida high court’s ruling went the other way, Gore would concede the election. Some of Gore’s senior campaign advisors reportedly told Gore to stop further challenges if the Florida court decision went in Bush’s favor. [Guardian, 11/22/2000] Bush campaign representatives level charges that the Gore campaign is attempting to “steal” the election. Bush campaign attorney James Baker calls the Supreme Court’s ruling “unjust.” Governor Marc Racicot (R-MT), who has emerged in recent days as an influential Bush campaign spokesman, threatens “some extraordinary” measures to overcome the effects of the Court’s ruling (see 9:00 a.m. and after, November 22, 2000). [Guardian, 11/23/2000]

Entity Tags: Marc Racicot, Katherine Harris, George W. Bush, George W. Bush presidential campaign 2000, Al Gore presidential campaign 2000, James A. Baker, Florida Supreme Court

Timeline Tags: 2000 Elections

A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey.A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey. [Source: Pensito Review]Miami-Dade County election officials vote unanimously to halt the county’s manual recount of presidential ballots (see November 7, 2000 and Before 10:00 a.m. November 19, 2000), saying the county does not have enough time to complete its recount by the November 26 deadline. Instead, they vote to recount only 10,750 “undervotes,” ballots that don’t clearly indicate a presidential choice. The decision costs Democratic candidate Al Gore a 157-vote gain from the halted recount process. That evening, a Florida State appeals court denies a motion by Democrats to force Miami-Dade County to restart the manual recount. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Opposing Beliefs - The next day, the Florida Supreme Court will also refuse to order Miami-Dade to restart the recount (see 2:45 p.m. November 23, 2000). Press reports say that the decision “dramatically reverse[s] the chances of Al Gore gathering enough votes to defeat George W. Bush.” Gore’s senior campaign advisor William Daley calls the recounts “mandatory” and calls for “the rule of law” to be upheld. For his part, Bush says: “I believe Secretary Cheney and I won the vote in Florida (see After 3:30 a.m. November 8, 2000). And I believe some are determined to keep counting in an effort to change the legitimate result.” In light of the Miami-Dade decision, the Bush campaign’s chief legal advisor James Baker invites the Republican-controlled Florida Legislature to unilaterally declare Bush the victor, saying, “One should not now be surprised if the Florida legislature seeks to affirm the original rules.”
Agitators Disrupt Recount Proceedings - The recount proceedings are disrupted and ultimately ended by a mob of Republicans, some local and some bussed and flown in from Washington by the Bush campaign. The agitators are protesting outside the Miami-Dade County election offices, shouting and attempting to interfere with the proceedings of the canvassing board. Republicans have accused a Democratic lawyer of stealing a ballot. [Guardian, 11/23/2000; Guardian, 11/25/2000]
Rioters Made Up of Republican Staffers, Others - Democrats accuse Republican protesters of intimidating the Miami-Dade County officials into stopping the recount. Democratic vice-presidential candidate Joe Lieberman says the demonstrations in Miami have been orchestrated by Republicans “to intimidate and to prevent a simple count of votes from going forward.” Six Democratic members of the US Congress demand the Justice Department investigate the claims, saying that civil rights have been violated in “a shocking case of undermining the right to vote through intimidation and threats of violence.” Jenny Backus, a spokeswoman for the Democratic National Committee (DNC), says, “The Republicans are out of control,” and accuses them of using paid agitators to “create mob rule in Miami.” [Guardian, 11/25/2000] Later investigations show that the “spontaneous protests” by Republican protesters were far more orchestrated and violent than generally reported by the press at the time. Investigative journalist Robert Parry will write that the protests, called the “Brooks Brothers Riot” because of the wealthy, “preppie” makeup of the “protesters,” helped stop the recount, “and showed how far Bush’s supporters were ready to go to put their man in the White House.” He will write that the protests should be more accurately termed a riot. At least six of the rioters were paid by the Bush recount committee, payments documented in Bush committee records only released to the IRS in July 2002 (see July 15, 2002). Twelve Republican staffers will later be identified in photographs of the rioters. The six who can be confirmed as being paid are: Bush staffer Matt Schlapp from Austin, Texas; Thomas Pyle, a staff aide to House Majority Whip Tom DeLay (R-TX); DeLay fundraiser Michael Murphy; Garry Malphrus, House majority chief counsel to the House Judiciary Subcommittee on Criminal Justice; Charles Royal, a legislative aide to Representative Jim DeMint (R-SC); and former Republican House staffer Kevin Smith. Another Republican is identified as Doug Heye, a staffer for Representative Richard Pombo (R-CA). At least three of the rioters—Schlapp, Malphrus, and Joel Kaplan—will later join the Bush White House. Many of the rioters were brought in on planes and buses from Washington as early as mid-November, with promises of expenses payments. On November 18, 2000, the Bush campaign told activists, “We now need to send reinforcements” to rush to Florida. “The campaign will pay airfare and hotel expenses for people willing to go.” Many of the respondents are low-level Republican staffers from Congress. “These reinforcements… added an angrier tone to the dueling street protests already underway between supporters of Bush and Gore,” Parry will write. Quoting ABC reporter Jake Tapper, Parry will write, “The new wave of Republican activists injected ‘venom and volatility into an already edgy situation.’” Signifying the tone, before the Miami riot, Brad Blakeman, Bush’s campaign director of advance travel logistics, screamed down a CNN correspondent attempting to interview a Democratic Congressman: “This is the new Republican Party, sir! We’re not going to take it anymore!” [Consortium News, 11/27/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004] Some of the local protesters are summoned to the Miami-Dade electoral offices by angry broadcasts over radio stations with largely Cuban-American audiences; over these radio stations, listeners hear Bush campaign lawyer Roger Stone, coordinating the radio response, say that the recounts intend to disenfranchise Hispanic voters. Republican operatives coordinate the protests by shouting orders through megaphones. [Consortium News, 11/24/2000; Center for American Progress, 12/9/2010] Cuban-Americans voted heavily for Bush in the November 7 election. [Tapper, 3/2001]
Details of the Riot; Staffers Assaulted and Beaten - After learning that the Miami-Dade County canvassing board was beginning to examine 10,750 disputed ballots that had not previously been counted, US Representative John Sweeney (R-NY) issues the order to “Shut it down!” (Sweeney is coordinating his efforts with a local Cuban congressman who himself is coordinating the Cuban-American mob response.) Brendan Quinn, the executive director of the New York Republican Party, tells some two dozen Republican operatives outside the Miami-Dade County election offices to storm the room on the 19th floor where the canvassing board is meeting. Tapper later writes: “Emotional and angry, they immediately make their way outside the larger room in which the tabulating room is contained. The mass of ‘angry voters’ on the 19th floor swells to maybe 80 people,” including many of the Republican activists from outside Florida, and joined by local protesters. As news organizations videotape the scene, the protesters reach the board offices and begin shouting slogans such as “Stop the count! Stop the fraud!” “Three Blind Mice!” and “Fraud, fraud, fraud!” and banging on doors and walls. The protesters also shout that a thousand potentially violent Cuban-Americans are on the way. Official observers and reporters are unable to force their way through the shouting crowd of Republican operatives and their cohorts. Miami-Dade spokesman Mayco Villafena is physically assaulted, being pushed and shoved by an unknown number of assailants. Security officials, badly outmanned, fear the confrontation will swell into a full-scale riot. Miami-Dade elections supervisor David Leahy orders the recounts stopped, saying, “Until the demonstration stops, nobody can do anything.” (Although board members will later insist that they were not intimidated into stopping, the recounts will never begin again. Leahy will later say: “This was perceived as not being an open and fair process. That weighed heavy on our minds.”) Meanwhile, unaware of the rioting, county Democratic chairman Joe Geller stops at another office in search of a sample ballot. He wants to prove his theory that some voters had intended to vote for Gore, but instead marked an adjoining number indicating no choice. He finds one and leaves the office. Some of the rioters spot Geller with the sample ballot, and one shouts, “This guy’s got a ballot!” Tapper will later write: “The masses swarm around him, yelling, getting in his face, pushing him, grabbing him. ‘Arrest him!’ they cry. ‘Arrest him!’ With the help of a diminutive DNC [Democratic National Committee] aide, Luis Rosero, and the political director of the Miami Gore campaign, Joe Fraga, Geller manages to wrench himself into the elevator.” Rosero stays behind to attempt to talk with a reporter, and instead is kicked and punched by rioters. A woman shoves Rosero into a much larger man in what Tapper will later theorize was an attempt to start a fight between Rosero and the other person. In the building lobby, some 50 Republican protesters and activists swarm Geller, surrounding him. Police escort Geller back to the 19th floor in both an attempt to save him from harm and to ascertain what is happening. The crowd attempts to pull Geller away from the police. Some of the protesters even accost 73-year-old Representative Carrie Meek (D-FL). Democratic operatives decide to leave the area completely. When the mob learns that the recounts have been terminated, they break forth in lusty cheers.
After-Party - After the riots, the Bush campaign pays $35,501.52 for a celebration at Fort Lauderdale’s Hyatt Regency, where the rioters and campaign officials party, enjoy free food and drink, receive congratulatory calls from Bush and Dick Cheney, and are serenaded by Las Vegas crooner Wayne Newton, singing “Danke Schoen,” German for “thank you very much.” Other expenses at the party include lighting, sound system, and even costumes.
Media Reportage - Bush and his campaign officials say little publicly about the riot. Some press outlets report the details behind the riots. The Washington Post later reports that “even as the Bush campaign and the Republicans portray themselves as above the fray,” national Republicans actually had joined in and helped finance the riot. The Wall Street Journal tells readers that Bush offered personal words of encouragement to the rioters after the melee, writing, “The night’s highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking reference by both running mates to the incident in Miami, two [Republican] staffers in attendance say.” The Journal also observes that the riot was led by national Republican operatives “on all expense-paid trips, courtesy of the Bush campaign.” And, the Journal will note, the rioters went on to attempt to disrupt the recounts in Broward County, but failed there to stop the proceedings. The Journal will write that “behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida,” with DeLay’s Capitol Hill office taking charge of the recruitment. No similar effort was made by the Gore campaign, the Journal will note: “This has allowed the Republicans to quickly gain the upper hand, protest-wise.” And the Journal will write that the Bush campaign worked to keep its distance from the riots: “Staffers who joined the effort say there has been an air of mystery to the operation. ‘To tell you the truth, nobody knows who is calling the shots,’ says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events.” But soon, media reports begin echoing Bush campaign talking points, which call the “protests” “fitting, proper,” and the fault of the canvassing board: “The board made a series of bad decisions and the reaction to it was inevitable and well justified.” The Bush campaign says the mob attack on the elections office was justified because civil rights leader Jesse Jackson had led peaceful, non-violent protests in favor of the recounts in Miami the day before. The campaign also insists that the protests were spontaneous and made up entirely of local citizens. On November 26, Governor Marc Racicot (R-MT), a Bush campaign spokesman, will tell NBC viewers: “Clearly there are Americans on both sides of these issues reflecting very strong viewpoints. But to suggest that somehow this was a threatening situation, in my view, is hyperbolic rhetoric.”
Effect of the Riot - According to Parry, the riot, broadcast live on CNN and other networks, “marked a turning point in the recount battle. At the time, Bush clung to a lead that had dwindled to several hundred votes and Gore was pressing for recounts (see November 20-21, 2000). The riot in Miami and the prospects of spreading violence were among the arguments later cited by defenders of the 5-to-4 US Supreme Court ruling (see 9:54 p.m. December 12, 2000)… that stopped a statewide Florida recount and handed Bush the presidency. Backed by the $13.8 million war chest, the Bush operation made clear in Miami and in other protests that it was ready to kick up plenty of political dust if it didn’t get its way.” In the hours after the riot, conservative pundits led by Rush Limbaugh will engage in orchestrated assaults on the recount process as fraudulent and an attempt by the Gore campaign to “invent” votes. No one is ever charged with any criminal behaviors as a result of the riot. [Consortium News, 11/24/2000; Washington Post, 11/27/2000; Village Voice, 12/19/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004; Center for American Progress, 12/9/2010]

Bush supporters display ‘Sore Loserman’ signs.Bush supporters display ‘Sore Loserman’ signs. [Source: CNN / Infoimagination (.org)]The Bush campaign works with Florida Republicans to orchestrate the so-called “Sore Loserman” campaign, playing off the names of the two Democratic presidential ticket members, Al Gore (D-TN) and Joe Lieberman (D-CT), to bring pressure for the Democrats to concede the presidency to George W. Bush. Throughout the day, Republican activists protest and wave “Sore Loserman” signs outside the canvassing board offices in the Florida counties that are still recounting votes. One Gore ally is physically threatened by protesters outside the Broward County courthouse and requires bodyguards to exit the courthouse unscathed. Democrats charge that the protesters are trying to disrupt the recount effort (see 9:00 a.m. and after, November 22, 2000) and send a letter to the US Justice Department asking for an immediate investigation. [US News and World Report, 12/13/2000] A few days later, Steven Meyer, a Democratic election observer in Palm Beach County, writes that both Republicans and Democrats are busing in protesters, but Republicans are paying protesters to participate. “I doubt that the people on the Democratic side are getting paid because we don’t have the cash,” he notes. Democrats who “infiltrate” the Republican protests will report being offered pay and expense money to keep coming back. He also writes: “Now, it’s reported that many of these protesters are the same people whom Cuban groups paid to stand outside of Elian Gonzalez’s home in Little Havana. It’s a regular cottage industry—have sign and clever slogan, will travel.” [American Prospect, 12/14/2000] Gonzalez is a young Cuban-American boy who became a cause celebre for some conservatives who accused the Clinton administration of enabling his Cuban father to “kidnap” him and return with him to Cuba after his mother died. [New York Times, 1/14/2000]

Entity Tags: Elian Gonzalez, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Clinton administration, County of Palm Beach (Florida), Joseph Lieberman, Steven Meyer, George W. Bush presidential campaign 2000, George W. Bush, US Department of Justice, County of Broward (Florida)

Timeline Tags: 2000 Elections

Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), rejects a request by Palm Beach County election officials to give them a brief extension on turning in their recount tallies (see 3:00 p.m., November 16, 2000). This morning, Republican lawyers successfully disrupted the recounting for an hour by arguing about the order in which precincts should be handled (see 4:00 a.m. November 26, 2000). The county misses the 5:00 p.m. deadline by less than three hours, and thusly leaves almost 2,000 ballots unrecounted, though officials continue to count the remaining ballots. Harris decides to reject Palm Beach’s request after conferring with Mac Stipanovich, a Florida Republican lobbyist serving as her political “handler” (see Mid-Morning, November 8, 2000). [US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008] Some media reports say that Democrat Al Gore picked up some 46 votes in the Palm Beach recount, though these votes are not added to the tally; Harris dubs Palm Beach’s entire recount null and void. [Guardian, 11/27/2000; Vanity Fair, 10/2004] Steven Meyer, an election observer for the Democratic Party, writes that when the 5:00 deadline arrived, election officials “had reviewed the challenged ballots in all but 51 of the 637 precincts and Gore had received a net gain of 192 votes in the manual recount.” The entire recount is finished by 7:20 p.m., and Gore’s net gain is 215 votes. Meyer learns that though Harris refused to accept the recount votes from Palm Beach County because it missed the deadline, she had accepted recounts from counties where Bush showed slight gains. Meyer writes, “This resulted in the 537 vote ‘official’ lead that the media is reporting.” Of the recount process itself, Meyer writes: “The Republican spin is that all votes have been counted by machine at least twice in every county. The only trouble is the machines don’t read every vote. The counting includes much more than simply reading the dimpled ballots. In our hand recount, we found many, many ballots on which the voter had indicated a preference, but not punched the ballot in the prescribed way. On some ballots, the voter had darkened in the numbers in each race for the candidate he or she wanted. On others, the voter punched out two different numbers, but wrote ‘Mistake’ or something equally as clear, with an arrow pointing to one of the holes. This shows clear intent to cast a vote for one candidate. The tabulating machine records this as an ‘overvote’ because more than one candidate’s number is punched, and the ballot is disqualified in the machine count.” [American Prospect, 12/14/2000]

Entity Tags: County of Palm Beach (Florida), Steven Meyer, Katherine Harris, George W. Bush, Mac Stipanovich, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election.Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election. [Source: Salon]Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), certifies George W. Bush (R-TX) the winner of Florida’s presidential election, though according to a Florida Supreme Court ruling she can choose to accept recount tallies through November 27 (see November 20-21, 2000). She chooses not to do so. Harris says Bush has a 537-vote lead. Her totals are: Bush, 2,912,790; Vice President Al Gore (D-TN), 2,912,253. The totals include none of the recounted ballots from either Palm Beach or Miami-Date Counties, both of which did not complete their recounts by Harris’s deadline (see 9:00 a.m. and after, November 22, 2000 and 2:45 p.m. November 26, 2000). Ongoing legal actions by both parties keep the election in doubt. Regardless, Governor Jeb Bush, George W. Bush’s brother, signs the Certificate of Ascertainment designating 25 Florida electors pledged to George W. Bush and transmits the document to the National Archives as required by Title 3, US Code, Section 6. Three days later, a Florida legislative committee will recommend a special session to name the state’s 25 representatives to the Electoral College, where they will presumably cast their votes for Bush. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] If Bush is indeed the winner of the Florida presidential election, he has enough electoral votes to assume the presidency (see November 9, 2000). The Gore campaign refuses to accept Harris’s certification, and says it will ask Florida courts to order recounts of thousands of disputed votes. Gore’s running mate Joe Lieberman says, “This evening, the secretary of state of Florida has decided to certify what—by any reasonable standard—is an incomplete and inaccurate count of the votes cast in the state of Florida.” The Gore campaign is working out details of what will be a formal “contest” of the results, and will ask a state judge to order court-appointed “special masters” to complete interrupted recounts of about 2,000 uncounted votes in Palm Beach County and 10,700 uncounted votes in Miami-Dade County. They also want an inquiry into the Nassau County returns, where Gore officials believe Bush was wrongly credited with some 51 votes, and are considering challenging the legality of Palm Beach’s controversial “butterfly ballots.” Gore’s chief lawyer David Boies says: “We’re preparing contest papers that will be filed Monday, as early in the day as we can get them done. Until these votes are counted, this election cannot be over.” Republicans intend to use Harris’s ruling to publicly pressure Gore into conceding the election, pressure the Gore campaign says it is prepared to combat. Miami-Dade County, expected to yield enough votes in a recount to swing the election in favor of Gore, called off its recount under pressure from Republican protesters and due to time constraints (see 9:00 a.m. and after, November 22, 2000). [Salon, 11/25/2000; Guardian, 11/27/2000; Guardian, 11/28/2000] Investigative reporter Robert Parry will later write that Harris deliberately allowed Nassau County to throw out its recounted figures that gave Gore the 51 votes. [Consortium News, 8/5/2002] A brief furor ensues when some media outlets mistakenly report that 500 absentee ballots “not previously counted” were discovered in Broward County. The story is not true. [Salon, 11/25/2000] According to state law, it is only now that Gore can ask for a statewide recount. [Vanity Fair, 10/2004] Former President Jimmy Carter tells a reporter: “More than two weeks will remain before Florida’s 25 electors will have to be named, and then two more months before a new president will be sworn into office. We must not sacrifice speed for accuracy in deciding who has been chosen by the voters to take that oath.” [Salon, 11/25/2000]

Entity Tags: Al Gore presidential campaign 2000, Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., County of Miami-Dade (Florida), County of Broward (Florida), George W. Bush, County of Palm Beach (Florida), Katherine Harris, Robert Parry, James Earl “Jimmy” Carter, Jr., George W. Bush presidential campaign 2000, Joseph Lieberman, John Ellis (“Jeb”) Bush

Timeline Tags: 2000 Elections

Refusing to accept the certification of George W. Bush as the winner of the Florida presidential election (see 7:30 p.m. November 26, 2000), Vice President Al Gore’s campaign files an election contest action challenging the election results in Palm Beach, Miami-Dade, and Nassau Counties. Gore campaign officials believe Gore was denied a net gain of over 1,100 uncounted votes in Palm Beach and 750 in Miami-Dade (see November 7, 2000). In Nassau, Gore officials believe Bush was wrongly credited with 51 votes. “The vote totals reported in the election canvassing commission’s certification of November 26, 2000, are wrong,” Gore lawyers allege in court filings. It is the first formal contest challenge in the history of US presidential elections. The case is assigned by random computer selection to Judge N. Saunders Sauls. Gore lawyers also challenge vote totals in three Florida counties, and ask a state judge to order a manual recount of some 13,000 ballots in Palm Beach and Miami-Dade Counties that showed no votes for president on machine runs (so-called “undervotes”). Gore lawyers also file an emergency motion to accelerate the contest proceedings, a motion that Bush lawyers will challenge the next day. Bush campaign lawyers file an appeals court motion seeking to delay oral arguments in a pending federal case challenging Florida’s hand recounts. A Seminole County lawsuit seeking to throw out some 4,700 absentee ballots for technical reasons (see November 12, 2000, November 15-17, 2000, and November 17, 2000) is moved to a state court in Leon County, which is also hearing the Gore campaign’s certification challenges. And a lawsuit challenging the validity of Palm Beach County’s “butterfly ballot” (see 10:46 a.m. November 20 - November 22, 2000) goes to the Florida Supreme Court, which will reject the suit on December 1. [Guardian, 11/28/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: County of Seminole (Florida), County of Leon (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Miami-Dade (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, George W. Bush, County of Nassau (Florida)

Timeline Tags: 2000 Elections

Democratic Congressional leaders Senator Tom Daschle (D-SD) and Representative Richard Gephardt (D-MO) hold a televised conference call with Vice President Al Gore and his running mate, Senator Joe Lieberman (D-CT), in a show of support for the Gore campaign efforts to stop Florida from certifying George W. Bush as the winner of the state presidential race (see 7:30 p.m. November 26, 2000). “What we’re talking about involves many thousands of votes that have never been counted at all,” Gore tells Daschle and Gephardt. [Guardian, 11/28/2000; US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., Tom Daschle, Joseph Lieberman, Richard Gephardt

Timeline Tags: 2000 Elections

Pundit and editor Michael Kelly, recently fired by the New Republic for his continued partisan attacks on the Gore campaign, accuses Democratic presidential candidate Al Gore and his campaign of trying to steal the Florida election, and the presidency, through the courts. Kelley says that Gore’s “theft” is being facilitated by the Democratic Party. Kelly falsely states that most polls show “60 percent to 70 percent” of Americans want Gore to concede immediately (see November 12 - December 10, 2000), and says, again falsely, that Democratic “leaders and elders” are working in “virtual lockstep” to “stand behind their defeated candidate’s unprecedented defiance of democracy’s national edict” (see November 8, 2000, Morning, November 8, 2000, and November 10, 2000). The “Clinton-Gore crowd,” Kelly writes, has “created a crisis that would wreak more destruction than” the Clinton impeachment. “But with these men of fathomless selfishness, there is always more damage to be done. There is always another institution, another principle, another person that must be destroyed—for the greater good of their greater power.” Kelly says that Gore has relentlessy ignored “the results of a fair and full recount that confirmed his loss (see Early Morning, November 8, 2000 and November 9, 2000), and demanded hand recounts only in selected Democratic counties” (see November 9, 2000). Kelly goes on to claim that Gore manipulated the Florida courts to “rewrit[e] Florida election law” to continue the standoff, “and still lost—a third time—to Bush.” When Gore promises to stand by the results of the manual recounts, Kelly says he is “lying” and has no such intentions. Kelly calls into question the Democratic election officials’ figures in Broward County, accusing the two Democratic officials of inventing votes over the objections of the single Republican official. Kelly concludes: “Democrats accuse Republicans of seeking to delegitimize a Gore presidency. Gore seeks more; if he doesn’t get his way he threatens to delegitimize democracy itself. Got to burn that village down.” [Jewish World Review, 11/29/2000; Center for American Progress, 12/9/2010]

Entity Tags: County of Broward (Florida), Albert Arnold (“Al”) Gore, Jr., Michael Kelly, Democratic Party

Timeline Tags: 2000 Elections

A Republican-dominated panel in the Florida Legislature votes to recommend convening a special session of the legislature (see 1:00 p.m. November 28, 2000) to designate the state’s 25 electors and send them to Washington to cast the state’s ballots for George W. Bush even if the election is not resolved by December 12, when all states are to officially certify a winner of their presidential contests. The previous day, Florida Governor Jeb Bush, the brother of George W. Bush, said it would be an “act of courage” for the legislature to call a special session “if it was the appropriate thing to do.” The legality of designating electors in such a fashion is questionable; Democratic vice-presidential candidate Senator Joe Lieberman says such a decision “threatens to put us into a constitutional crisis.” Shortly after Lieberman’s comments, candidate Bush meets with reporters outside his Crawford, Texas, ranch, flanked by vice-presidential candidate Dick Cheney and putative Bush Secretary of State designate General Colin Powell. Bush says, “One of our strategies is to get this election ratified, and the sooner the better for the good of the country.” [US News and World Report, 12/13/2000; Guardian, 11/30/2008]

Entity Tags: Richard (“Dick”) Cheney, Albert Arnold (“Al”) Gore, Jr., Colin Powell, John Ellis (“Jeb”) Bush, Florida State Legislature, Joseph Lieberman, George W. Bush

Timeline Tags: 2000 Elections

The Florida Supreme Court dismisses a petition from the Gore campaign to order an immediate recount of over 12,000 “undervotes” from Miami-Dade and Palm Beach Counties. “Undervotes” are ballots that did not register a choice for president when run through the machine counter. An hour later, the same court rules that Palm Beach’s controversial “butterfly ballot” is legal (see 7:00 a.m. November 7, 2000 and After and November 27, 2000). [US News and World Report, 12/13/2000]

Entity Tags: Al Gore presidential campaign 2000, Florida Supreme Court, County of Palm Beach (Florida), County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

Leon County, Florida, Judge N. Saunders Sauls rules against the Gore campaign in the recount issue (see November 28 - December 2, 2000), saying that manual recounts in Miami-Dade and Palm Beach Counties are not warranted, and the Nassau County vote totals should stand. Sauls also refuses to block Florida’s certification of George W. Bush as the Florida presidential winner (see 7:30 p.m. November 26, 2000). The London Guardian calls the ruling a “crushing blow” to Al Gore’s chances of winning the disputed election. Sauls rules that there is “no credible statistical evidence and no other competent substantial evidence” to establish a reasonable probability that Gore might win if granted a hand recount of the undervotes. “This court… concludes the evidence does not establish any illegality, dishonesty, improper influence, coercion, or fraud in the balloting and counting processes,” Sauls rules. The ruling also restores Bush’s 930-vote lead that existed before recount numbers were taken into account (see November 18, 2000). After Saul’s ruling, Gore’s lead attorney David Boies says the campaign will appeal the ruling to the Florida Supreme Court, and that the campaign had always assumed the case would end up in that court. “What has happened today is that we have moved one step closer to having this finally resolved,” he tells reporters, but admits that in this instance, “They won, we lost.” Boies notes that after the incredible effort expended to bring over a million ballots to Sauls’s courtroom, the judge never looked at them. “The ballots were the best evidence of the intents of the voters,” Boies says. “This was the first court in an election contest where the court has refused to look at the ballots.” The Florida high court will hear the appeal on December 7. [Circuit Court of the Second Judicial Circuit, In and For Leon County, Florida, 12/4/2000 pdf file; Guardian, 12/5/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Leon (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, George W. Bush, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

The Bush campaign seeks stays in the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and the US Supreme Court regarding the acceptance of 43,852 “undervote” recounts in Florida counties. Most importantly, the Bush campaign also asks the US Supreme Court for a writ of certiorari, which would declare its candidate the winner of the Florida presidential election. Both the Florida Supreme Court and Eleventh Appeals Court refuse to issue the stay. Most observers believe that if the recounts are completed and their vote totals tabulated, Democrat Al Gore will win enough votes to win Florida, and thusly become president. Currently Republican George W. Bush has a mere 193-vote lead (see December 7-8, 2000), and recount totals from Miami-Dade County alone are expected to give Gore more than this amount. One example of the problematic situation in Florida is with Duval County, which includes the city of Jacksonville, where claims of massive African-American disenfranchsement and discrimination (see November 7, 2000) have already tainted the balloting. Duval has 4,967 undervotes, but they are mixed in with 291,000 others, all stored in boxes in a vault. The all-Republican electoral board, as seen on national television, has begun examining ballots, but as The Guardian observes, “with such painstaking reluctance to proceed, it amounted to an effective filibuster.” Democratic spokeswoman Jenny Backus tells reporters, “What we’ve heard is that they’re going to try to slow this down by every means they can.” However, the US Supreme Court issues the requested stay and the undervote tabulation stops. The Court does not issue the requested writ of certiorari. [Supreme Court of the United States, 12/8/2000 pdf file; Supreme Court of the United States, 12/9/2000 pdf file; Guardian, 12/10/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The divide among the nine US Supreme Court justices is plain. The five conservative justices, led by Antonin Scalia, have since December 4 been circulating memos among themselves and their clerks, bouncing various arguments off one another in what the liberal justices’ clerks feel is an attempt to audition and solidify their arguments in favor of overturning the Florida high court’s decision and giving the presidency to Bush. The four liberal justices, led by John Paul Stevens, have long felt that the Court had no business being involved in the issue, that it was instead up to the Florida judiciary and legislature to settle the matter. Stevens, writing the anticipated dissent for the minority, has to ask the majority for more time to complete his dissent, so eager are they to issue their ruling. When Scalia sees in Stevens’s dissent the line that says, “counting every legally cast vote cannot constitute irreparable harm”—a direct rebuke to Scalia’s earlier argument that the Florida recounts would do “irreparable harm” to a Bush presidency—Scalia inadvertently delays the proceedings to write his own angry rejoinder, which reads in part, “Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.” Scalia’s nakedly partisan stance discomfits even some of the other conservative justices’ clerks and angers the liberal clerks. “The Court had worked hard to claim a moral high ground, but at that moment he pissed it away,” one later recalls. “And there was a certain amount of glee. He’d made our case for us to the public about how crassly partisan the whole thing was.” After Scalia finishes his rejoinder, the Court issues its stay, stopping all further recounts. Gore himself, unaware of the arguments and partisanship dividing the Court, still holds out hope that one of the conservatives—O’Connor or Anthony Kennedy, perhaps (see After 7:50 p.m. November 7, 2000 and (November 29, 2000))—can be reached. “Please be sure that no one trashes the Court,” he admonishes his staffers. Gore decides to have campaign lawyer David Boies instead of Laurence Tribe argue the campaign’s case in the upcoming arguments, perhaps hoping that Boies, more moderate than the outspokenly liberal Tribe, might win some support from either Kennedy or O’Connor. Boies has also been representing Gore in Florida, and can presumably reassure the justices of the fundamental fairness of what is happening there. The liberal clerks have no such illusions. What hopes they have now are pinned on the press. One has heard a rumor that the Wall Street Journal is preparing to publish a story reporting that O’Connor had been overheard at a dinner party expressing her opposition to a Gore presidency; that report, the clerks hope, might force O’Connor to recuse herself from the decision and tie the court at 4-4. However, O’Connor has no such intention. Gore’s lawyers, aware of O’Connor’s statements, consider asking her to recuse herself, but decide instead to restrain themselves in hopes that she will, according to a 2004 Vanity Fair article, “now lean toward them to prove her fairness.” [Vanity Fair, 10/2004]

Entity Tags: County of Miami-Dade (Florida), Wall Street Journal, County of Duval (Florida), Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, The Guardian, John Paul Stevens, Laurence Tribe, George W. Bush presidential campaign 2000, George W. Bush, Sandra Day O’Connor, Florida Supreme Court, Jenny Backus, Antonin Scalia, David Boies

Timeline Tags: 2000 Elections

The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]

Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver

Timeline Tags: 2000 Elections, Civil Liberties

The cover of Jake Tapper’s book ‘Down and Dirty.’The cover of Jake Tapper’s book ‘Down and Dirty.’ [Source: OpenLibrary (.org)]Salon reporter Jake Tapper publishes his book on the 2000 presidential elections, titled Down and Dirty: The Plot to Steal the Presidency. In it, Tapper observes that the proof of the resiliency of American democracy comes in the fact that George W. Bush ascended to the presidency in a peaceful manner. The events in Florida that determined the Bush “victory,” from the initial dispute over who won the popular vote (see Early Morning, November 8, 2000 and Mid-Morning, November 8, 2000) to the Supreme Court’s decision to award the presidency to Bush (see 9:54 p.m. December 12, 2000), “brought out the ugliest side of every party in American politics,” Tapper writes. “Democrats were capricious, whiny, wimpy, and astoundingly incompetent. Republicans were cruel, presumptuous, indifferent, and disingenuous. Both were hypocritical—appallingly so at times. Both sides lied. Over and over and over. Far too many members of the media were sloppy, lazy, and out of touch. Hired-gun lawyers pursued their task of victory, not justice. The American electoral system was proven to be full of giant holes.” Democratic candidate Al Gore, Tapper writes, came across as “cold,” “ruthless,” duplicitous, and astonishingly out of touch with the electorate. Republican candidate Bush “was a brilliant schmoozer and deft liar” with the “intellectual inquisitiveness of your average fern,” betraying his fundamental ignorance about American government again and again during the campaign. “Both candidates were wanting,” Tapper writes. Of the actual results, Tapper observes: “We will never know who would have won Florida had all the ballots been hand-counted by their respective canvassing boards. Adding to the confusion were thousands of trashed or miscast ballots—including Palm Beach County’s infamous “butterfly ballot” (see November 9, 2000). We will never know who, therefore, truly was the choice of the most Floridians and who, therefore, really earned the state’s critical electoral votes and therefore the presidency.” [Tapper, 3/2001]

Entity Tags: County of Palm Beach (Florida), Albert Arnold (“Al”) Gore, Jr., Jake Tapper, US Supreme Court, George W. Bush

Timeline Tags: 2000 Elections

The state of Florida settles a voter discrimination suit filed by the National Association for the Advancement of Colored People (NAACP) in the wake of allegations of massive and widespread discrimination during the November 2000 elections (see November 7, 2000 and April 24, 2001). The class-action suit charged Database Technologies (DBT), a private firm hired by the Florida government, and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. Florida agrees to provisions that nominally settle the problem, but by 2004 will have implemented virtually none of the corrective procedures mandated by the settlement. Miami-Dade, Broward, Leon, Volusia, and Duval Counties settled earlier rather than face trial. [Center for American Progress, 12/9/2010]

Entity Tags: National Association for the Advancement of Colored People, County of Broward (Florida), County of Duval (Florida), Katherine Harris, County of Leon (Florida), Database Technologies, County of Miami-Dade (Florida), County of Volusia (Florida)

Timeline Tags: 2000 Elections, Civil Liberties

In a speech to the Commonwealth Club, former Vice President Al Gore discusses his views on the struggle against terrorism and the proposed war in Iraq. He says that the major focus of the US should be the apprehension and punishment of “those who sponsored, planned and implemented the cold-blooded murder of more than 3,000 Americans.” He states his belief that the US is capable of succeeding in this task, despite the fact that it is taking much longer than anticipated. “President Bush is telling us that America’s most urgent requirement of the moment—right now—is not to redouble our efforts against al-Qaeda, not to stabilize the nation of Afghanistan after driving its host government from power, even as al-Qaeda members slip back across the border to set up in Afghanistan again; rather, he is telling us that our most urgent task right now is to shift our focus and concentrate on immediately launching a new war against Saddam Hussein. And the president is proclaiming a new, uniquely American right to preemptively attack whomsoever he may deem represents a potential future threat.” Gore warns that “if other nations assert that same right, then the rule of law will quickly be replaced by the reign of fear.” He states that this policy of preemptive action will damage American international alliances and inhibit the effective execution of the war on terror, which requires a multilateral approach to succeed. Gore advises Congress to fully examine the evidence prior to any commitment in Iraq and to always bear in mind what he says are the core principles of the US. He says “the administration has not said much of anything to clarify its idea of what would follow regime change or the degree of engagement that it is prepared to accept for the United States in Iraq in the months and years after a regime change has taken place.” Ominously, he warns “the resulting chaos in the aftermath of a military victory in Iraq could easily pose a far greater danger to the United States than we presently face from Saddam.” Gore asks, “What if in the aftermath of a war against Iraq, we face a situation like that because we washed our hands of it?…what if the al-Qaeda members infiltrated across the borders of Iraq the way they are in Afghanistan?” [Commonwealth Club.org, 9/23/2002]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., George W. Bush

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

Charles Hockenbarger, an elderly activist for the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) of Topeka, Kansas, is badly beaten by an unknown assailant while carrying a sign that reads, “Thank God for September 11.” WBC members routinely praise the 9/11 attacks as being part of God’s vengeance on America for tolerating homosexuality. The church claims that Hockenbarger’s assailant is a homosexual and the beating is part of a larger murder conspiracy. Hockenbarger’s assailant will remain unidentified. [Global Oneness, 2011] Hockenbarger was convicted of assaulting a Lutheran minister in 1996 (see 1996). It is not known if the two incidents are connected.

Entity Tags: Charles Hockenbarger, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

The Reverend Fred Phelps, minister of the Westboro Baptist Church in Topeka, Kansas, announces plans to erect a monument in the Casper, Wyoming, City Park to “commemorate” the murder of gay college student Matthew Shepard five years ago (see October 9, 1998 and After). According to Phelps, the marker would bear a likeness to Shepard and read: “MATTHEW SHEPARD, Entered Hell October 12, 1998, in Defiance of God’s Warning: ‘Thou shalt not lie with mankind as with womankind; it is abomination.’ Leviticus 18:22.” Few Casper City Council members support Phelps’s plans. Councilwoman Barb Watters says: “When Phelps puts on one side his picture with the thing about killing all the gays, and they put on the other side of the thing a picture of Hitler that says ‘Kill all the Jews.’ That is what you are opening yourself up for.” Councilman Paul Bertoglio notes: “I think the hate language will find a very cold reception in this community. I think this community’s backbone is going to come up and say, ‘We are not going to accept it.’” Of Shepard, Phelps says: “It all comes back to Casper, Wyoming. That is his home, that is where he was born, where that church is, where those institutions… conspired in a confluence of evil resulting in a Zeitgeist that is extraordinarily evil. He [Shepard] was not a hero. This is a great monster sin against God. It is not an innocent alternate lifestyle. And all that has come down in that one little evil town called Casper, Wyoming. And we can’t ignore that.” The city will not allow the monument to be erected. [Casper Tribune, 10/3/2003] The WBC soon builds a virtual “monument” to Shepard on its Web site (see 1997), which depicts him burning in hell. A photo of Shepard is wreathed in animated flames, and mousing over the photograph triggers an audio response of recorded screams and a voice shouting, “For God’s sake, listen to Phelps!” A counter on the site displays how many days Shepard has “Been in Hell.” The site claims: “WBC does not support the murder of Matthew Shepard: ‘thou shalt not kill.’ Unless his killers repent, they will receive the same sentence that Matthew Shepard received—eternal fire. However, the truth about Matthew Shepard needs to be known. He lived a Satanic lifestyle. He got himself killed trolling for anonymous homosexual sex in a bar at midnight.” [Global Oneness, 2011; Southern Poverty Law Center, 2012]

Entity Tags: Matthew Shepard, Westboro Baptist Church, Barb Watters, Fred Waldron Phelps, Paul Bertoglio

Timeline Tags: US Domestic Terrorism

ABC News reporter Bryan Robinson prints a retrospective of the impact the 1998 murder of Wyoming college student Matthew Shepard (see October 9, 1998 and After) has had on some of those involved in its aftermath. The murder is generally perceived to have been a hate crime, perpetuated by two assailants who hated Shepard because he was openly gay. One of the people whose lives were profoundly changed is Police Chief Dave O’Malley of Laramie, Wyoming. O’Malley, who was deeply involved in the investigation of Shepard’s murder, says at the time he was intolerant of gays. “I was conservative. I bought into many of the stereotypes and I told many of the jokes associated with someone who is gay,” O’Malley says. “I was close-minded. It’s something I’m really ashamed of today.… I was raised in a conservative, Irish-Catholic family in Kansas. My father would joke around, saying: ‘There are no gays in Kansas. And if there are, they sure as hell ain’t Irish.‘… I lost my ignorance [after Shepard’s slaying].” O’Malley has become a gay rights activist, and in 2002 won the Equality Award from the Human Rights Campaign for his work on behalf of LGBT (lesbian, gay, bisexual, and transgendered) citizens. Romaine Patterson, a friend of Shepard’s from college, says she had always been an outspoken gay activist, but after Shepard’s murder, she became much more active. She currently produces and co-hosts the Derek and Romaine Show on Sirius Radio. “I was no longer just a girl from Wyoming,” she recalls. “I did a lot of interviews [during media coverage of Shepard’s slaying] and worked for GLAAD [the Gay and Lesbian Alliance Against Defamation]. One of the things I learned after doing interviews and working on the other side as part of the media is that you do have the power to reach people and influence public opinion.… I don’t think there’s been a day since where I don’t talk about Matthew. As far how his death affected me, I guess it really made me think about what kind of person I wanted to be, how I wanted to be the kind of person who makes the world a better place.” Robinson writes that, because of Shepard’s murder, many Americans have come to the same realization that O’Malley has reached: that gays and lesbians are targets for hate crimes. Cathy Renna of GLAAD says: “Matt’s murder made people realize that it was time to change laws, that attacks on gays, lesbians, bisexuals, and transgenders are happening, that this an issue. In a sense, it was a watershed moment. It took the topic of gay and lesbian people and turned it into dinner table conversation.” However, the number of reported hate crimes against LGBT citizens has increased since Shepard’s murder, according to the FBI. [ABC News, 10/10/2003]

Entity Tags: Cathy Renna, Bryan Robinson, Dave O’Malley, Gay and Lesbian Alliance against Defamation, Romaine Patterson, Matthew Shepard

Timeline Tags: US Domestic Terrorism

The virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) issues a press release condemning the presidential candidacy of General Wesley Clark. The church declares: “Gen. Clark opposed fags and dykes in the military BUT when he decided to run for President on the Democratic ticket he groveled like a mangy dog to the FagiNazis running the Democratic Party, and promised to lift the ban on gays in the military. His Christ-rejecting, God-hating Jew blood bubbled to the surface. Yes, like his boss [Senator John] Kerry [the leading Democratic presidential candidate], Clark is a Jew. That these two turds are Jews would not matter except when they ask for supreme political power and spit in the Face of God, pushing for same-sex marriage, threatening to bring down God’s wrath on us as on Sodom then some inquiries are in order. Beware! Jews killed the Lord Jesus, and their own prophets, and have persecuted us; and they please not God, and are contrary to all men; forbidding us to speak to the Gentiles that they might be saved, to fill up their sins always; for the wrath is come upon them to the uttermost. Apostate fags and Jews certains [sic] to bring God’s wrath.” [Anti-Defamation League, 2012]

Entity Tags: John Kerry, Wesley Clark, Westboro Baptist Church

Timeline Tags: 2004 Elections, US Domestic Terrorism

Members of the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) picket a revival meeting held by the famous Christian evangelist Billy Graham. WBC members target conservative evangelists such as Graham for not joining them in espousing their “God Hates Fags” message. The protesters call Graham a “Hell-bound false prophet.” [Global Oneness, 2011]

Entity Tags: Westboro Baptist Church, Billy Graham

Timeline Tags: US Domestic Terrorism

Jesse Lee Peterson, appearing on a Fox News broadcast.Jesse Lee Peterson, appearing on a Fox News broadcast. [Source: Think Progress]The Reverend Jesse Lee Peterson attacks the Reverend Jesse Jackson for participating in what he calls a liberal conspiracy to “keep black[s] on the plantation of the Democratic Party.” Jackson has caused a media stir by raising questions about the fairness of the voting process in the November presidential elections in Ohio (see October 29, 2004 and Evening, October 31, 2004). Jackson, Peterson says, is part of an organized liberal effort to “keep black Americans angry in order to keep them on the plantation of the Democratic Party.” Peterson also accuses liberals of being the real racists in America, calls allegations that blacks were disenfranchised in the 2000 elections “a lie” (see November 7, 2000, November 7, 2000, November 7, 2000, 11:30 a.m. November 7, 2000, and Early Afternoon, November 7, 2000), and falsely claims that Democratic presidential candidate John Kerry (D-MA) supported reparations for slavery during his campaign. Peterson makes his remarks during an appearance on Fox News’s Hannity & Colmes. Co-host Sean Hannity is a member of BOND’s advisory board, and is quoted on the BOND Web site as calling Peterson “a great American” and “a man of conscience.” The liberal media watchdog organization Media Matters notes that Peterson has often attacked Jackson. Peterson’s organization, the Brotherhood Organization of a New Destiny (BOND), has held a “National Day of Repudiation of Jesse Jackson” for the last five years. In an August 2000 article in the John Birch Society’s New American magazine, Peterson called Jackson a “problem profiteer… who makes millions by exploiting and exacerbating racial tensions.” He wrote a 2003 book entitled Scam: How the Black Leadership Exploits Black America, in which he attacked Jackson, the Reverend Al Sharpton, and other black civil rights leaders. Peterson and BOND have led a boycott of the National Association for the Advancement of Colored People (NAACP), claiming the organization is “a tool of the liberal elite socialist wing of the Democratic Party.” And he is currently suing Jackson for assault and civil rights violations [Media Matters, 11/30/2004] (the case will be settled out of court in 2006 after a jury dismisses all but one charge against Jackson and deadlocks on the remaining charge). [Judicial Watch, 1/27/2006]

Entity Tags: John Birch Society, Al Sharpton, Brotherhood Organization of a New Destiny, Jesse Lee Peterson, John Kerry, Sean Hannity, Jesse Jackson, Media Matters, National Association for the Advancement of Colored People

Timeline Tags: Domestic Propaganda, 2004 Elections

The virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) begins picketing the funerals of American soldiers killed in Iraq and Afghanistan, displaying signs such as “God Hates Fags” and “Fag Navy” that insult both homosexuals and soldiers. The church says that God is punishing America for tolerating homosexuality and persecuting the church. The church even claims that God chose to use improvised explosive devices—IEDs—to kill American soldiers because of an August 1995 attack on the WBC compound by someone wielding a small explosive device. Fred Phelps, the leader of the WBC, tells Fox News: “God is visiting the sins upon America by killing their kids with IEDs… and the more the merrier. Seventeen hundred so far, to 17,000. We will be ecstatic about [further deaths].” The first funeral picketed by the WBC is that of Corporal Carrie French of Boise, Idaho, who was killed on June 5 in Iraq. Phelps says of French and other slain soldiers, “Our attitude toward what’s happening with the war is [that] the Lord is punishing this evil nation for abandoning all moral imperatives that are worth a dime.” In 2006, the Southern Poverty Law Center (SPLC) will observe: “As a result of his amazing vitriol, Phelps has managed to do something few others have—unite Americans from the far right all the way over to the liberal left. Several anti-gay organizations have wondered aloud if he was some kind of plant designed to sully their cause. Be that as it may, the funeral picketing has prompted a number of patriotic groups to create motorcycle escorts to shield mourners from the Phelps crew, and to drown out their anti-gay chants with their engines. Numerous municipalities are weighing laws to prevent funeral pickets. But nothing has stopped Phelps, whose message, ‘Thank God for Dead Soldiers,’ remains unchanged.” [Southern Poverty Law Center, 4/2006; Global Oneness, 2011; Southern Poverty Law Center, 2012] In 2006, Phelps will say, “Military funerals are pagan orgies of idolatrous blasphemy where they pray to the dunghill gods of Sodom and play taps to a fallen fool.” [Southern Poverty Law Center, 2012]

Entity Tags: Westboro Baptist Church, Southern Poverty Law Center, Fred Waldron Phelps, Carrie French

Timeline Tags: US Domestic Terrorism

Angry community members in Smyrna and Ashland City, Tennessee, chase protesters from the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After), which has recently announced its intention to protest at the funerals of soldiers killed in Iraq and Afghanistan (see June 2005 and After). The WBC says God is punishing America for tolerating homosexuality by killing its soldiers in war, and its protests are designed to highlight that assertion. About 10 WBC members picket near the funerals of Staff Sergeant Asbury Fred Hawn II and Specialist Gary Reese Jr. Both were members of the Tennessee National Guard. Local residents have little sympathy for the WBC position; many chase the protesters’ cars down a highway, waving flags and shouting, “God bless America.” Local resident Connie Ditmore tells a reporter: “My husband is over there, so I’m here to show my support. To do this at a funeral is disrespectful of a family, no matter what your beliefs are.” The 10 WBC protesters are countered by hundreds of local residents, including many family members of other soldiers serving overseas. Sheriff’s deputies and state troopers are on hand to protect the protesters. As counter-demonstrators shout, “Get out of our town!” and “Get out of our country!” resident Danny Cotton says: “If they were protesting the government, I might even join them. But for them to come during the worst time for this family—it’s just wrong.” [Associated Press, 8/27/2005]

Entity Tags: Connie Ditmore, Asbury Fred Hawn II, Gary Reese, Jr., Danny Cotton, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

Albert Snyder.Albert Snyder. [Source: Associated Press]The virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) pickets the funeral of Matthew Snyder, a Marine slain in Iraq (see June 2005 and After). WBC protesters display signs with slogans such as “Thank God for Dead Soldiers,” “You’re Going to Hell,” and “Semper Fi Fags,” while another signs depicts two stick figures engaging in what appears to be sodomy. The church also posts derogatory statements about Snyder and his father, Albert Snyder, on its Web site. In response, Albert Snyder sues the church in a Baltimore court for defamation, invasion of privacy, and emotional distress. [New York Times, 10/26/2007; Southern Poverty Law Center, 2012] Snyder claims his First Amendment rights to the freedom of religious exercise and assembly were violated, and the WBC claims its right to freedom of speech is violated by Snyder’s lawsuit. Snyder names WBC pastor Fred W. Phelps Sr.; church officials Shirley Phelps-Roper and Rebekah A. Phelps-Davis, and other adult members of the church, including two of the elder Phelps’s daughters. The Phelpses and four of the pastor’s grandchildren picketed the funeral. [Topeka Capital-Journal, 10/2/2010] First Amendment expert Ronald K.L. Collins is leery of the case, saying: “The dangerous principle here is runaway liability in a way that would put the First Amendment in serious jeopardy. I dread to think what it would do to political protests in this country if it were allowed the win.” [New York Times, 10/26/2007]

Entity Tags: Ronald K.L. Collins, Matthew Snyder, Fred Waldron Phelps, Albert Snyder, Rebekah A. Phelps-Davis, Shirley Phelps-Roper, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

The federal “Respect for America’s Fallen Heroes Act” is passed by Congress, and will be signed into law on May 29. The law forbids protests at funerals within 300 feet of any national cemetery from 60 minutes before the funeral to 60 minutes afterwards. The law was written in response to controversial protests by the anti-gay Westboro Baptist Church, which has taken to protesting at the funerals of soldiers who died in Iraq and Afghanistan (see June 2005 and After). In the months to follow, 20 states will enact similar laws, and many cities will pass ordinances tailored to prevent the WBC from protesting at local funerals, especially those of fallen soldiers. The American Civil Liberties Union will file lawsuits on behalf of the WBC’s right to free expression in Missouri and Ohio without success. [US Congress, 4/29/2006; Southern Poverty Law Center, 2012] Some of the statutes include restrictions on faxing, in response to the WBC’s notorious use of faxes to inundate its enemies with floods of hate statements and other documents. Many of these attempts to restrict the WBC’s use of faxes ultimately fail, even though many of the faxes are defamatory and contain what many consider to be pornographic images. [Southern Poverty Law Center, 4/2001; Southern Poverty Law Center, 4/2001]

Entity Tags: Respect for America’s Fallen Heroes Act, Westboro Baptist Church, American Civil Liberties Union

Timeline Tags: US Domestic Terrorism

Fred Phelps, the pastor of the virulently anti-gay Westboro Baptist Church in Topeka, Kansas (WBC—see November 27, 1955 and After), posts a video entitled “9/11: God’s Wrath Revealed” on YouTube. During the video, Phelps tells his viewers: “Thank God for 9/11. Thank God that, five years ago, the wrath of God was poured out upon this evil nation. America, land of the sodomite damned.… We told you, right after it happened five years ago, that the deadly events of 9/11 were direct outpourings of divine retribution, the immediate visitation of God’s wrath and vengeance and punishment for America’s horrendous sodomite sins, that worse and more of it was on the way. We further told you that any politician, any political official, any preacher telling you differently as to the cause and interpretation of 9/11 is a dastardly lying false prophet, cowardly and mean, and headed for hell. And taking you with him! God is no longer with America, but is now America’s enemy. God himself is now America’s terrorist.” [Westboro Baptist Church, 9/8/2006; Southern Poverty Law Center, 2012] In an earlier Web posting about the 9/11 attacks, Phelps had this to say about the attacks and one of the American Airlines pilots who died in the attacks: “The Rod of God hath smitten fag America!… At left is the filthy face of fag evil. [Hijacked American Airlines pilot] David Charlebois. One of the hundreds of fags and dykes and fag-/dyke-enablers working for American Airlines.… If the fags have a secret funeral for David Charlebois—in order to frustrate WBC’s plan to picket his funeral—WBC will picket his house.… The multitudes slain Sept. 11, 2001, are in Hell—forever!” [Southern Poverty Law Center, 2012]

Entity Tags: Westboro Baptist Church, David Charlebois, Fred Waldron Phelps

Timeline Tags: US Domestic Terrorism

The virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) announces its intention to picket the funerals of five Amish girls murdered in a Pennsylvania schoolhouse. The organization agrees to abstain from picketing in return for an hour of airtime on talk show host Mike Gallagher’s radio program. WBC leader Shirley Phelps-Roper tells Fox News host Sean Hannity that the Amish girls “did deserve to die.” [Southern Poverty Law Center, 2012] “The Lord your God is ramping up the issues, is smiting this nation,” she says. “What he did with one stroke on that day, sending a pervert in—because America is a nation of perverts—it’s appropriate he sent a pervert in to shoot those children. The Amish people were laid to an open shame because they are a false religion.” Phelps-Roper says that the girls also deserved to die because Pennsylvania Governor Ed Rendell had committed “blasphemous sins” against the WBC. Rendell had criticized the church for protesting at the funerals of soldiers killed overseas (see June 2005 and After) and has signed legislation restricting protests at funerals. [New York Times, 10/6/2006; Southern Poverty Law Center, 4/2009]

Entity Tags: Sean Hannity, Edward Gene (“Ed”) Rendell, Mike Gallagher, Shirley Phelps-Roper, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

Shirley Phelps-Roper, a leader of the anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After), is arrested during a protest in Bellevue, Nebraska. Today, as is her practice, Phelps-Roper wears an American flag around her waist, which she allows to drag the ground, and allows her son to stand on another American flag. Phelps-Roper is charged with desecrating the flag, negligent child abuse, disturbing the peace, and contributing to the delinquency of a minor. Three years later, the flag desecration and contributing to delinquency charges will be dropped, in part because a federal judge will have found the flag desecration statute unconstitutional. Bellevue will also pay Phelps-Roper $17,000 in return for her dropping of a lawsuit against the city. [Southern Poverty Law Center, 2012]

Entity Tags: Westboro Baptist Church, Shirley Phelps-Roper

Timeline Tags: US Domestic Terrorism

The I-35W bridge collapse, four days after its occurrence.The I-35W bridge collapse, four days after its occurrence. [Source: Cobb Law Group]The anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) announces its intention to picket the funerals of the people who died in a recent bridge collapse in Minnesota. The Interstate 35W bridge in Minneapolis, Minnesota, recently collapsed, killing 13 and injuring 145. The WBC released a statement after the collapse celebrating the deaths of the victims, saying that America, Minnesota, and Minneapolis are all being punished for tolerating homosexuality. Minnesota is the “land of the Sodomite damned,” the church states. WBC leader Shirley Phelps-Roper tells a reporter that the bridge collapse was an act of divine vengeance: “The bridge stood in place by the word of God and it fell by the word of God.… Each of these little events is just a harbinger of the coming destruction of this American experiment. We are delivering the final call of the doomed nation.” According to Phelps-Roper, signs at the protest will read, “God cast down the bridge,” “Thank God for 9/11” (see September 8, 2006), “America is doomed,” “God hates fags,” “God hates fag enablers,” and “God hates Minnesota.” [Minnesota Star-Tribune, 8/2/2007; Minnesota Monitor, 8/7/2007; Think Progress, 8/7/2007; MPR Archive, 2011] The announced protests never take place, and no local supporters turn out for any of the funerals. Local reporter and columnist Paul Schmelzer writes that the WBC is “notorious for no-shows,” and that the press releases are often issued to garner publicity and stir up controversy. Phelps-Roper implies that the protests are called off because the group feels threatened, saying, “When we have to divert a group because there’s something we need to get to more importantly, or we divert the group because we see the location where we’re headed to is so filled with rage that the gloves are off—they’re unabashedly breathing out threatening and slaughter—then we won’t come.” The ‘more important’ activities are protests at funerals of slain soldiers (see June 2005 and After): “[God] said, ‘I’ll drag you into a war you cannot win, and I will dash your children to pieces.’ Now how are we gonna connect that dot, if we don’t get to those dead soldiers’ funerals?… We’ve got all the time in the world. You’re going to be fishing bodies out of there for weeks. There will be more memorial services and there will be more funerals, and along the way we will pick some of them off.” [Twin Cities Daily Planet, 8/10/2007]

Entity Tags: Westboro Baptist Church, Paul Schmelzer, Shirley Phelps-Roper

Timeline Tags: US Domestic Terrorism

A jury in the case of Snyder v. Phelps awards $11 million to Albert Snyder, finding that the anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After), its leader Fred Phelps, and six other members had intentionally inflicted emotional distress on the Snyder family and violated its privacy. Snyder is the father of a slain Marine, and the members of the WBC had picketed his son’s funeral with signs featuring stick figures engaged in sex acts and messages such as “Semper Fi Fags,” and posted derogatory statements about them on the WBC Web site (see March 10, 2006 and After). The WBC has a history of picketing the funerals of dead American soldiers, claiming the soldiers’ deaths are God’s punishment for America’s tolerance for homosexuality (see June 2005 and After). [Southern Poverty Law Center, 12/2007; Southern Poverty Law Center, 2012] The judge will later reduce the judgment against the WBC to $5 million (see April 3, 2008).

Entity Tags: Albert Snyder, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

Judge Richard D. Bennett of the US District Court in Maryland orders liens against properties owned by the anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) to secure damages awarded at trial. For decades, the WBC has protested against homosexuality and other “offenses,” and has since 2005 picketed soldiers’ funerals (see June 2005 and After), causing tremendous controversy. The church is being sued by Albert Snyder, whose son, Lance Corporal Matthew Snyder, died in service. The WBC protested at the younger Snyder’s funeral, prompting the lawsuit (see March 10, 2006 and After). The jury awarded the Snyder family $11 million in compensatory and punitive damages (see October 2007), but Bennett reduces this to $5 million, which includes $2.1 million in punitive charges. One of Snyder’s lawyers says, based on his analysis of WBC financial records, that if the church is forced to pay even the lower amount, it would likely drive it into bankruptcy. [Southern Poverty Law Center, 12/2007; Topeka Capital-Journal, 4/4/2008]

Entity Tags: Westboro Baptist Church, Albert Snyder, Richard D. Bennett, Matthew Snyder, Phelps Chartered Law

Timeline Tags: US Domestic Terrorism

The anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) issues a press release praising the loss of life resulting from the Sichuan earthquake that killed at least 68,000 Chinese. The WBC refers to the Chinese people as “slant-eyed b_stards,” and says that it praises God for the “Great Killer Earthquake that He sent to kill thousands of stiffhearted Chinese rebels against God.” According to the press release, WBC members are praying for “many more earthquakes to kill many more thousands of impudent and ungrateful Chinese.… God hates China.” Shanghai journalist Kenneth Tan writes in response: “Vile, vile words that could only have come from the pits of hell, and the devil himself. These guys know not who it is they are worshipping. Their words would all be very funny if their hatred were not so real.” [Shanghaiist, 5/16/2008; New York Times, 5/7/2009] In another response, Michael Standaert, a Western journalist living in China, challenges Chinese computer hackers to “take down” the WBC Web site (see 1997). [Huffington Post, 5/14/2008]

Entity Tags: Westboro Baptist Church, Michael Standaert, Kenneth Tan

Timeline Tags: US Domestic Terrorism

The anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) announces its intention to picket the July 17 funeral of former Bush administration press secretary and Fox News commentator Tony Snow. According to the WBC, Snow deserves condemnation because he was a “critic” of their group and “a high-profile representative of godless Big Media and Big Government.” A WBC press release reads as follows: “07/17/2008 10:00 AM - 11:00 AM Alexandria, VA Christ Episcopal Church (Lepor [sic] Colony) 118 N. Washington St. Tony Snow (Press Secretary for 6 ‘B’ George W. Bush) is dead, YES! He had a platform, he was given some small talent by his creator. He was an unfaithful steward, and is now residing in hell. Each opportunity he had to faithfully Report what the servants at WBC had to tell this country/world, Tony Snow besmerched and vilified the words of God and the people of God.” A blogger at the right-wing Newsbusters Web site asks that the Patriot Guard Riders, a group Fox News has described as made up of “veterans, soldiers, and civilians who often ride flag-bearing motorcycles accompanying funeral processions of soldiers killed in combat to shield the famil[ies] from unwanted attention,” intervene in the protest and “stop these fools.” The protest will take place without incident. [Fox News, 2/19/2007; Think Progress, 7/14/2008; Newsbusters, 7/14/2008]

Entity Tags: Tony Snow, Patriot Guard Riders, Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

The Westboro Baptist Church (WBC), a small, virulently anti-gay organization in Topeka, Kansas, led by pastor Fred Phelps (see November 27, 1955 and After), announces its intention to travel to Canada to protest at the funeral of a man murdered on a Greyhound bus in that nation. In response, Canada bars WBC members from entering the country. The funeral will proceed without incident. [Southern Poverty Law Center, 2012] The WBC later claims to have evaded Canadian border patrol officials and successfully staged its protest. [Anti-Defamation League, 2012] WBC’s attempts to picket in Canada will result in Canada’s first hate-crime law, known informally as the “Fred Phelps Law.” [Southern Poverty Law Center, 2012]

Entity Tags: Westboro Baptist Church, Fred Waldron Phelps

Timeline Tags: US Domestic Terrorism

Two members of the anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) debate Professor Jose Gabilondo on Amendment 2, a Florida Constitutional referendum, which, if passed, would ban same-sex marriages. The two WBC members are Shirley Phelps-Roper (see October 2-3, 2006) and Margie Phelps, accompanied by Shirley’s daughter, Megan. Phelps-Roper has become the church’s most prominent member now that church founder Fred Phelps, 79, has apparently succumbed to age and declining health, and no longer plays as prominent a role in church affairs. The debate occurs at Gabilondo’s school, Florida International University, where he is the faculty adviser to a gay group at FIU’s Colege of Law. When Gabilondo registered his dismay at the invitation, one alumnus suggested that he suffered from a “lack of testicular fortitude.”
Controversy over Invitation of WBC - Amendment 2 supporters complained that the two WBC members were invited in order to cast Amendment 2 in the worst possible light. Faith2Action leader Janet Folger says of the decision to invite WBC: “That’s the most heinous thing I’ve ever heard. They go to the most radical group. It’s a deliberate attempt to make the pro-marriage people appear to be something they’re not.” Another supporter accuses Gabilondo of trying to set up an unfair confrontation between himself and “some mentally inbred misfits from Kansas.” And a local newspaper columnist called the WBC “a bottom-feeding group,” and said the pro-amendment case should be made by someone else. However, Gabilondo said more mainstream proponents declined to attend the debate, and, moreover, he “think[s] it’s a mistake to distinguish between respectable homophobia and unacceptable homophobia.”
The Debate - On the morning of the debate, the WBC Web site (see 1997) declares that its two members would engage FIU’s “feces eaters” in debate. Two police officers are on hand at the event, and debate organizers warn the audience of some 50 members to refrain from clapping or booing during the discussion, and Gabilondo says privately that he will cut the event short if it becomes rowdy. He tells the WBC representatives that he supports their freedom of speech and appreciates their candor. “He’s a friendly fellow and a likeable fellow,” Margie Phelps later says, but that does not staunch their rhetoric. During the debate, Phelps admonishes the audience to follow the Bible’s teaching of being fruitful and multiplying. “It doesn’t matter how long you anally copulate, you will not bear children,” she says. Children of divorced parents or who have gay parents “would have been better off stillborn,” she adds. While she speaks, her sister displays photographs of drag queens, gay pride parades, death, and devastation. “You embrace fags, which God calls abomination,” Phelps-Roper says. “You teach your children to be whores. Now you sprint to your destruction.” After the discussion, the two sisters pose with Gabilondo for photographs. Phelps-Roper insists that she does not hate homosexuals, saying: “The standard of loving your neighbor is warning them their behavior can send them to hell. It’s only a kindness to tell them… they’re going to hell.” [Orlando Sun-Sentinel, 10/16/2008; Southern Poverty Law Center, 4/2009]

Entity Tags: Shirley Phelps-Roper, Florida International University, Fred Waldron Phelps, Margie Phelps, Westboro Baptist Church, Jose Gabilondo

Timeline Tags: US Domestic Terrorism

The Westboro Baptist Church (WBC), a small, virulently anti-gay organization in Topeka, Kansas, led by pastor Fred Phelps (see November 27, 1955 and After), announces its intention to travel to the United Kingdom to protest a performance of The Laramie Project, a highly respected play that documents the hate murder of gay student Matthew Shepard and how the incident impacted the Wyoming community (see October 14, 1998). The WBC protested at Shepard’s funeral, and tried unsuccessfully to raise a “monument” to Shepard vilifying him for being gay (see October 3, 2003). In response, the UK bans both Phelps and WBC church leader Shirley Phelps-Roper from entering its borders. [Southern Poverty Law Center, 2012]

Entity Tags: Fred Waldron Phelps, Westboro Baptist Church, Shirley Phelps-Roper, Matthew Shepard

Timeline Tags: US Domestic Terrorism

The virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) begins actively targeting Jewish synagogues, Jewish community centers, Israeli consulates, and other Jewish organizations and individuals, in what the Anti-Defamation League will consider an orchestrated attempt to express anti-Semitic views. The WBC begins announcing planned protests at dozens of sites, as well as bombarding various Jewish institutions and individuals with anti-Semitic faxes and emails. [Anti-Defamation League, 2012] In an April 23 press release, the WBC declares its opposition to Jews, writing: “JEWS KILLED JESUS! Yes, the Jews killed the Lord Jesus.… Now they’re carrying water for the fags; that’s what they do best: sin in God’s face every day, with unprecedented and disproportionate amounts of sodomy, fornication, adultery, abortion and idolatry! God hates these dark-hearted rebellious disobedient Jews.” [Anti-Defamation League, 2012; Southern Poverty Law Center, 2012]

Entity Tags: Westboro Baptist Church

Timeline Tags: US Domestic Terrorism

President Barack Obama signs the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act into law. The new law authorizes the Justice Department to investigate and prosecute violent attacks in which the perpetrator has targeted a victim because of his or her actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. The law is part of a larger defense authorization bill. “This law honors our lesbian, gay, bisexual, and transgender brothers and sisters whose lives were cut short because of hate,” says Human Rights Campaign president Joe Solmonese. “Today’s signing of the first major piece of civil rights legislation to protect LGBT [lesbian, gay, bisexual, and transgendered] Americans represents a historic milestone in the inevitable march towards equality.” A statement released by 29 LGBT groups says, in part: “It took much too long, more than a decade. And it came at too great a price: the brutal killings of Matthew Shepard (see October 9, 1998 and After) and James Byrd Jr. (see June 7, 1998 and After) are just two among the thousands of crimes motivated by hate and bigotry.… [L]awmakers and the president have made an imperative statement to the country and the world: Our nation will no longer tolerate hate-motivated violence against lesbian, gay, bisexual, and transgender (LGBT) people.” The legislation has languished in Congress for nearly a decade, largely because of conservative opposition. Representative Mike Pence (R-IL), one of the harshest critics of the new law, accuses Obama of signing the bill as part of his “radical agenda” that puts his “liberal social priorities ahead of an unambiguous affirmation of our men and women in uniform.” Pence adds: “Every day, our armed forces stand in defense of freedom and our cherished way of life. It is deeply offensive to their service and to millions of Americans to pile so-called ‘hate crimes’ legislation onto a bill that authorizes critical resources for our troops. Hate crimes legislation is antithetical to the First Amendment, unnecessary, and will have a chilling effect on religious freedom.” [Fox News, 10/28/2009; New England Bay Windows, 10/28/2009] The law was included in the National Defense and Authorization Act of 2009 in part to weaken Republican opposition. Many Republicans such as Pence railed against the bill in both the House and Senate, but many voted for the legislation despite their opposition to the act. Many Republicans have criticized the placement of the law into the defense authorization legislation. Many conservative organizations, such as the Christian group Focus on the Family (FOTF), says the new law creates “thought crimes” by outlawing not just actions, but beliefs and attitudes. FOTF and Congressional Republicans such as Representative Steve King (R-IA) have also claimed that the new law legitimizes pedophilia and other illegal sexual practices, ignoring findings by legal and political analysts who called such claims “preposterous.” [St. Petersburg Times, 5/14/2009; Colorado Independent, 10/9/2009]

Entity Tags: Matthew Shepard, Steve King, Joe Solmonese, Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, Focus on the Family, Barack Obama, James Byrd, Jr, Mike Pence

Timeline Tags: Civil Liberties, Domestic Propaganda

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