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Context of '(Between 8:50 a.m. and 9:02 a.m.) September 11, 2001: Former Clinton Administration Official Calls Bush’s Deputy Chief of Staff and Tells Him about the White House Bunker'

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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

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).

Supreme Court Justice Sandra Day O’Connor, attending a Washington, DC, party and watching the news networks predict Florida, and thusly the presidency, for Democrat Al Gore, says aloud, “This is terrible.” Her husband explains that she is considering retiring from the Court, but will only do so if George W. Bush, a fellow Republican, is in office to appoint her successor. [Tapper, 3/2001]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Sandra Day O’Connor, George W. Bush

Timeline Tags: 2000 Elections

Shortly after the presidential vote that resulted in an as-yet-unresolved flurry of recounts and criticisms (see 6:36 p.m. November 15, 2000 and 9:14 p.m., November 15, 2000), two law clerks at the US Supreme Court laugh about the unlikely possibility that the election will end up being resolved in the Court. Could it happen that way? they wonder. And if so, would the Court split 5-4 along ideological lines, with the conservative majority giving Governor George W. Bush (R-TX) the presidency? The idea is preposterous, they decide, no matter what some of their friends and relatives are predicting. Even the most conservative of Court justices, they say, are pragmatic and mindful of the law. Moreover, they tell one another, the Court has always steered clear of sticky political conflicts. And the conservative justices are the most mindful of states’ rights and most devoted to the concept of the Constitution’s “original intent,” including the Founders’ insistance that Congress, not the judiciary, should be the body to resolve close elections. One clerk later tells reporters: “It was just inconceivable to us that the Court would want to lose its credibility in such a patently political way. That would be the end of the Court.” As November moves closer to December and the election fracas continues unresolved, a law professor predicts that Bush’s chances before the Court are “between slim and none, and a lot closer to none.” Over Thanksgiving, the justices and clerks leave Washington for vacation, with only a skeletal staff of a few clerks remaining in town in case of emergencies. Justice Stephen Breyer says over the holiday that there is no way the Court would ever get involved in the election. [Vanity Fair, 10/2004]

Entity Tags: George W. Bush, US Supreme Court, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

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]

The clerks for the four liberal justices at the Supreme Court—John Paul Stevens, Stephen Breyer, David Souter, and Ruth Bader Ginsburg—continue their speculation as to whether the Court will actually attempt to decide the presidential election ((see November 20-21, 2000 and November 22-24, 2000), especially in light of Florida’s recent attempt to certify George W. Bush as the winner (see 7:30 p.m. November 26, 2000). At a November 29 dinner attended by clerks from several justices, a clerk for Justice Sandra Day O’Connor tells the group that O’Connor is determined to overturn the Florida Supreme Court’s decision to go ahead with manual recounts of election ballots (see 3:00 p.m., November 16, 2000). One clerk recalls the O’Connor clerk saying, “she thought the Florida court was trying to steal the election and that they had to stop it.” O’Connor has the reputation of deciding an issue on her “gut,” then finding legal justifications for supporting her decision. Unbeknownst to anyone outside the Court, O’Connor has already made up her mind. Gore lawyers in particular will spend endless hours trying to craft arguments to sway her vote, when the actual case will come down to Justice Anthony Kennedy, who originally wanted to accept the case. Many clerks of both liberal and conservative justices have little respect or regard for Kennedy. They consider him, according to a 2004 Vanity Fair article, “pompous and grandiloquent.” They believe he fills his office with elaborate, expensive decorations and trappings, including an elaborate chandelier, to give the idea of his power and importance. “The clerks saw his public persona—the very public way in which he boasted of often agonizing over decisions—as a kind of shtick, a very conspicuous attempt to exude fairness and appear moderate, even when he’d already made up his mind,” according to the Vanity Fair article. Conservative clerks suspect Kennedy of untoward liberal leanings, and have taken steps to ensure that the clerks he receives are ideologically sound. One liberal clerk later explains the conservative justices’ reasoning, saying, “The premise is that he can’t think by himself, and that he can be manipulated by someone in his second year of law school.” By now, Kennedy is surrounded by clerks from the hard-right Federalist Society. “He had four very conservative, Federalist Society white guys, and if you look at the portraits of law clerks on his wall, that’s true nine times out of 10,” another liberal law clerk will recall. “They were by far the least diverse group of clerks.” The conservative and liberal clerks do not socialize with one another as a rule, so it is unusual when, a day after the clerk dinner, Kevin Martin, a clerk for conservative justice Antonin Scalia, visits Stevens’s chambers. Martin went to Columbia Law School with Stevens’s clerk Anne Voigts, and he wants to see if he can explain to her the conservatives’ judicial point of view. However, two other Stevens clerks, Eduardo Penalver and Andrew Siegel, believe Martin is on some sort of reconnaissance mission, attempting to find out what grounds Stevens will cite to argue against overturning the Florida decision. Penalver and Siegel believe Martin is trying to manipulate Voigts, and Martin, after telling them to “F_ck off!” storms out of Stevens’s chambers. Clerks from O’Connor’s staff pay similar visits to other liberal justices, though these conversations do not end so contentiously. [Vanity Fair, 10/2004] O’Connor said to partygoers when the news networks announced the election for Al Gore, “This is terrible” (see After 7:50 p.m. November 7, 2000).

Entity Tags: Eduardo Penalver, Anthony Kennedy, Anne Voigts, Andrew Siegel, Albert Arnold (“Al”) Gore, Jr., David Souter, US Supreme Court, Vanity Fair, Sandra Day O’Connor, George W. Bush, Florida Supreme Court, Federalist Society, Antonin Scalia, Kevin Martin, John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

David Boies.David Boies. [Source: BBC]The Florida Supreme Court hears arguments from both the Gore and Bush presidential campaigns in Al Gore’s appeal of a ruling that rejected his campaign’s request to mandate recounts in three Florida counties (see 9:00 a.m. November 30, 2000 and After). Bush campaign lawyer Barry Richard argues that there is no “evidence to show that any voter was denied the right to vote” and calls the Gore campaign’s contest “a garden-variety appeal.” Gore lawyer David Boies contends that while time is running out, “the ballots can be counted” before the December 12 deadline for naming electors. In a 4-3 decision, the Court reverses the decisions of Judge N. Saunders Sauls (see 4:43 p.m. December 4, 2000), ordering recounts of “undervotes” in Miami-Dade and Palm Beach counties as well as all other Florida counties that have not yet manually recounted undervotes. “Undervotes” are noted on ballots that were not recorded by voting machines as making a choice for president. The Court also directs the lower court to add 168 votes from Miami-Dade and 215 votes from Palm Beach to Gore’s state totals, narrowing the George W. Bush lead to a mere 154 votes. London’s Guardian observes, “That margin could easily be overturned with a recount of the disputed ballots which mainly came from Democratic precincts in Miami-Dade.” Perhaps 45,000 undervotes statewide remain to be counted. Bush campaign attorney James Baker says the Court’s ruling may “disenfranchise Florida’s votes in the Electoral College.” Congressional Democrats Richard Gephardt (D-MO) and Tom Daschle (D-SD) release a joint statement calling for a “full, fair, and accurate vote count,” and saying there is “more than enough time to count ballots cast but never counted.” Within hours, Bush lawyers ask the US Supreme Court for an emergency stay of the decision, which will be granted (see December 8-9, 2000). [Supreme Court of Florida, 12/8/2000 pdf file; Guardian, 12/9/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court decision is also seen as something of a repudiation of the Supreme Court’s earlier decision for clarification (see 10:00 a.m. December 1 - 4, 2000). Clerks for the Supreme Court justices are now certain that their Court will decide the presidential election. Justice Antonin Scalia, the most implacable of the conservative justices determined to overturn the Florida high court and give the election to Bush, wants to grant the Bush request for a stay even before receiving the Gore lawyers’ response, a highly unusual request that is not granted. He argues that the manual recounts are in and of themselves illegitimate, and says the recounts will cast “a needless and unjustified cloud” over Bush’s legitimacy. It is essential, he says, to shut down the process immediately. Clerks for both the liberal and conservative justices are amazed, and some appalled, at how bluntly Scalia is pushing what appears to be a partisan agenda. [Vanity Fair, 10/2004]

Entity Tags: David Boies, Barry Richard, Antonin Scalia, Al Gore presidential campaign 2000, County of Palm Beach (Florida), US Supreme Court, Richard Gephardt, The Guardian, N. Saunders Sauls, Tom Daschle, James A. Baker, George W. Bush presidential campaign 2000, Florida Supreme Court, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case.An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case. [Source: Authentic History]The US Supreme Court begins hearing oral arguments in the lawsuit Bush v. Gore on the Florida recounts and election results. The Bush campaign has challenged the legality of a Florida Supreme Court ruling mandating the recounting of “undervote” ballots (see December 7-8, 2000). Bush lawyers argue that manual recounts violate the Constitution’s mandate of equal protection. Gore lawyers argue that the overriding issue is the importance of counting each vote cast. By the afternoon, the public is hearing the arguments via audiotapes. Justice Antonin Scalia, one of the Court’s most hardline conservatives, drew criticism when he said in an earlier opinion that the majority of the Court believed that George W. Bush had “a substantial probability of success,” a conclusion disputed by other justices such as John Paul Stevens. Scalia now says that he is inclined to vote in favor of Bush because, he says, “the counting of votes that are of questionable legality does in my view threaten irreparable harm [to Bush]” (see December 8-9, 2000). [Guardian, 12/11/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Kennedy Determines that 'Equal Protection' Is Key to Reversing Florida Decision - Al Gore’s lawyers, led by David Boies, believe that one of the Bush team’s arguments is flawed: the idea that the Florida Supreme Court exceeded its bounds restricts one appellate court far more than another appellate court is willing to condone. Unbeknownst to the Gore lawyers, Justice Anthony Kennedy agrees with the Gore team on this issue. Kennedy has no intention of finding in favor of the Gore position, but he does want the other four conservatives on the bench to come together behind the Bush argument that using different standards for ballot evaluation in different counties violates the equal-protection clause of the Constitution, an argument that most of the justices, litigants, and clerks have not considered up until now. As a practical matter, enforcing a single standard of ballot evaluation among the disparate Florida counties would be virtually impossible. And the Court under the leadership of Chief Justice William Rehnquist has, until now, been reluctant to interpret the equal-protection clause except in the narrowest of circumstances. Neither the Bush nor the Gore lawyers had given that argument a lot of attention, but it will prove the linchpin of the Court’s majority decision. As oral arguments proceed, and Kennedy pretends to not understand why this is a federal argument, clerks for the liberal justices find themselves sourly amused at Kennedy’s pretense. “What a joke,” one says to another. When Kennedy cues Bush lawyer Theodore Olson that he is interested in the equal protection clause as an argument—“I thought your point was that the process is being conducted in violation of the equal-protection clause, and it is standardless”—Olson quickly pivots and begins building his case under that rubric. Liberal justices Stephen Breyer and David Souter use the equal-protection argument to suggest that the best and simplest solution is simply to remand the case back to the Florida Supreme Court and ask it to set a uniform standard. Breyer has been working for days to convince Kennedy to join the four liberals in sending the case back to Florida, and for a time during the oral arguments, believes he may have succeeded. The liberal clerks have no such hopes; they believe, correctly, that Kennedy is merely pretending to consider the option. “He probably wanted to think of himself as having wavered,” one clerk later says. A brief private chat with Scalia and his clerks during oral arguments may have swayed Kennedy back into the fold, assuming he is wavering at all.
Demands for Identical Standards among All Florida Counties - Justice Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) rails at Boies over the idea that the 67 counties cannot all have the same standards of ballot evaluation, and shows impatience with Boies’s explanation that for over 80 years, the Florida courts have put the idea of “voter intent” over identical ballot identification standards. [Vanity Fair, 10/2004]

Entity Tags: David Souter, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Rehnquist, US Supreme Court, Sandra Day O’Connor, Stephen Breyer, Theodore (“Ted”) Olson, George W. Bush, George W. Bush presidential campaign 2000, John Paul Stevens, Florida Supreme Court, Antonin Scalia

Timeline Tags: 2000 Elections

In a 79-41 vote, the Florida House of Representatives, under Republican leadership, votes to approve 25 electors to the Electoral College (see 12:00 p.m. December 8, 2000) to cast Florida’s votes for George W. Bush (R-TX). Two of the 79 votes cast for the elector naming are Democratic. [US News and World Report, 12/13/2000; Leip, 2008] After the US Supreme Court rules against the recounts and gives the election to Bush, the Legislature abandons the idea of naming an independent slate of electors (see 9:54 p.m. December 12, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Florida State Legislature, US Supreme Court

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

Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on.Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on. [Source: Authentic History]Vice President Al Gore is out of options after the US Supreme Court halted all Florida recounts (see 9:54 p.m. December 12, 2000). He orders his Florida recount committee to suspend its activities. At 9:00 p.m., Gore, accompanied by his wife Tipper, his vice-presidential running mate Joe Lieberman, and Lieberman’s wife Hadassah, gives a nationally broadcast speech. He tells the nation he accepts George W. Bush as the legitimate 43rd president of the United States. “This is America, and we put country before party,” he tells viewers. For his part, Bush pledges to deliver reconciliation and unity to a divided nation in his acceptance speech, saying “our nation must rise above a house divided.” However, Bush immediately indicates that he will seek to reform Social Security and Medicare, two issues guaranteed to cause division among Americans. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Hadassah Lieberman, Al Gore presidential campaign 2000, George W. Bush, Joseph Lieberman, US Supreme Court, Albert Arnold (“Al”) Gore, Jr., Mary Elizabeth (“Tipper”) Gore

Timeline Tags: 2000 Elections

George W. Bush taking the oath of office.George W. Bush taking the oath of office. [Source: White House/ Wally McNamara]George W. Bush is inaugurated as president, replacing President Bill Clinton. Bush is sworn in after a tumultuous, sharply disputed election that ended with a US Supreme Court decision in his favor (see 9:54 p.m. December 12, 2000). He takes the oath of office on the same Bible his father, George H.W. Bush, used in his own 1989 inauguration; the oath is administered by Chief Justice William Rehnquist. In his brief inaugural address, delivered outside the US Capitol, Bush asks Americans to “a commitment to principle with a concern for civility.… Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.” In words apparently chosen to reflect on the criticisms surrounding former President Clinton and his notorious affair with White House intern Monica Lewinsky, Bush says, “I will live and lead by these principles—to advance my convictions with civility, to pursue the public interest with courage, to speak for greater justice and compassion, to call for responsibility, and try to live it as well.” He continues addressing the American people, saying: “I ask you to be citizens. Citizens, not spectators. Citizens, not subjects. Responsible citizens, building communities of service and a nation of character.” At a post-ceremonial luncheon, Bush issues a series of executive orders, some designed to block or roll back several Clinton-era regulations. He also acknowledges that because of the election turmoil, many Americans believe “we can’t get anything done… nothing will happen, except for finger-pointing and name-calling and bitterness.” He then says: “I’m here to tell the country that things will get done. Republicans and Democrats will come together to do what’s right for America.” [New York Times, 1/21/2001]
Thousands of Protesters - Thousands of protesters line the streets during Bush’s ceremonial drive to the Capitol, a fact not heavily reported by many press outlets. Salon reports, “Not since Richard Nixon paraded down Pennsylvania Avenue in 1973 has a presidential inauguration drawn so many protesters—and last time, people were out to protest the Vietnam War.” Though Capitol Police refuse to estimate the size of the crowd lining the street, Salon reports that “many thousands of protesters were in evidence.” Liz Butler of the Justice Action Movement, the umbrella organization that helped coordinate the protests, says: “The level of people on the streets shows that people are really upset about lack of democratic process. They took it to the streets. We saw tens of thousands. We saw far more protesting Bush than supporting him.” Some of the people on the streets are Bush supporters, but many more are not, and carry signs such as “Bush Cheated,” “Hail to the Thief,” “Bush—Racism,” “Bushwhacked by the Supremes,” and others. The crowd, though outspoken in its protests and unrestrained in its heckling of Bush and Vice President Dick Cheney, is generally peaceful, and no serious violence is reported, though a few minor altercations do take place, and large contingents of police in riot gear—including personnel from every police department in the District of Columbia as well as the Bureau of Alcohol, Tobacco and Firearms and from departments in Maryland and Virginia—are on hand. At least one protester throws an egg at the limousine transporting Bush, Cheney, and their families to the inaugural ceremonies; perhaps in response to the protests, Bush breaks with tradition laid down by earlier presidents and does not walk any large portion of the parade route. Nine people are arrested for disorderly conduct, most for allegedly throwing bottles and other debris. Bulter says: “Of course, we’re ashamed that Bush has decided to be a ‘uniter’ by uniting people against him. They all chose to come out in the freezing rain—even the weather couldn’t stop these people.” Protester Mary Anne Cummings tells a reporter: “I think it’s important to remind the incoming administration the country does not want a right-wing mandate. They did not vote for a right-wing mandate.” [Salon, 1/20/2001; CNN, 1/20/2001; New York Times, 1/21/2001] Thousands of protesters march in San Francisco, Los Angeles, and other cities as well. [CNN, 1/20/2001]

The location of the Presidential Emergency Operations Center.The location of the Presidential Emergency Operations Center. [Source: Space Imaging]Joseph Hagin, the White House deputy chief of staff for operations, runs a training exercise for a number of senior White House staffers in which the staffers are made aware of and shown to the Presidential Emergency Operations Center (PEOC), a bunker below the White House where numerous government officials will go on September 11 to respond to the terrorist attacks. Josh Bolten, the White House deputy chief of staff for policy, will later recall that at some time before September 11, “the other deputy chief of staff [i.e. Hagin] had run an exercise for a bunch of us on the senior staff of what happens in a crisis.” In the exercise, the senior staffers find out “who was supposed to go to the bunker [i.e. the PEOC]” in a crisis and they also visit the PEOC. Bolten will not say which staffers, other than him, take part in the exercise. [C-SPAN, 10/6/2013]
Exercise Possibly Held Shortly before 9/11 - He will also not say when the exercise is held, but presumably it takes place sometime after George W. Bush is inaugurated as president, near the end of January this year (see January 20, 2001). [BBC, 1/20/2001; CNN, 1/20/2001] It is possible it takes place just two weeks before 9/11: Mary Matalin, a counselor to Vice President Dick Cheney, will write that “a couple [of] weeks [before September 11], I had visited this underground dungeon [i.e. the PEOC] for my top-level security clearance training.” It is unclear, however, if she is referring to the exercise Bolten describes. [Carville and Matalin, 2014, pp. 140-141]
PEOC Is a 'Nerve Center' on September 11 - It is apparently fortunate that Hagin runs the exercise for the senior White House staffers, since numerous government officials, including Bolten and Matalin, will go to the PEOC on September 11 to respond to the terrorist attacks. [CNN, 9/11/2002; Mother Jones, 5/24/2009] That day, the PEOC will be “the nerve center for America’s response to the unprecedented attacks,” according to the London Telegraph. [Daily Telegraph, 9/10/2011] As a result of the “pretty casual training” that Hagin conducts, Bolten will say, “I did know the bunker and knew where to go” on September 11.
White House Staffers Were Often Unaware of the PEOC - It is also apparently quite unusual for White House staffers to know about the existence of the PEOC. Steve Ricchetti, who served as deputy White House chief of staff during the Clinton administration, will tell Bolten that during the Clinton administration, “it had been in some cases months and years before people were briefed on the existence of [the PEOC]… because nobody ever thought the US itself would be under attack.” The PEOC, Bolten will comment, “was kind of an artifact of the bygone Cold War era and of no particular use to a current White House.” [C-SPAN, 10/6/2013] Its use by government officials on September 11 will in fact be its “first test in an actual emergency,” according to CNN. [CNN, 9/11/2002] “[N]o one alive remembers using it for its intended purpose,” Matalin will write, “which only drew our attention to the fact… that [9/11] was a unique event in our nation’s history.” [Carville and Matalin, 2014, pp. 141]

Entity Tags: Joshua Bolten, Mary Matalin, Joseph W. Hagin, Steve Ricchetti

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

National Security Adviser Condoleezza Rice arrives at her office at the White House. [Bumiller, 2007, pp. xi] Rice will later recall that today is intended to be “a normal day, foreign visitors, several meetings.” [MSNBC, 9/11/2002] Usually she or her deputy, Stephen Hadley, goes along on presidential trips to handle any national security questions that might come up, so one of them would have gone with President Bush the previous day for his two-day trip to Florida (see September 10, 2001). [Dallas Morning News, 9/9/2001; Bumiller, 2007, pp. xi] But, as Rice will later recall, Bush’s trip is “such a short trip that we decided not to do that.” [MSNBC, 9/11/2002] In their place, they have sent Navy Captain Deborah Loewer, the director of the White House Situation Room. [Bumiller, 2007, pp. xi]

Entity Tags: Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Condoleezza Rice learns from her executive assistant that a plane has hit the World Trade Center, but assumes the crash was an accident. [BBC Radio 4, 8/1/2002 pdf file] Rice is in her office at the White House (see 6:00 a.m. September 11, 2001) and, as she will later recall, “My day was shaping up as a fairly normal day.” She has been given her intelligence briefing and is standing at her desk, getting ready to go to her senior staff meeting. [White House, 8/6/2002] At “8:47 a.m. or so,” according to Rice’s later recollection, Rice’s executive assistant, Army Lieutenant Colonel Tony Crawford, comes into the office. [White House, 10/24/2001; BBC Radio 4, 8/1/2002 pdf file] Crawford informs Rice of the crash in New York, saying, “Do you know a plane has hit the World Trade Center?” [MSNBC, 9/11/2002] Rice will later recall, “I thought, ‘That’s odd, that’s a strange accident.’” She asks Crawford, “What kind of plane, Tony?” He replies, “Twin engine, they think.” [White House, 10/24/2001] According to journalist and author Elisabeth Bumiller, Rice “assumed that a small plane had veered out of control.” [Bumiller, 2007, pp. xi] Rice will later comment, “It just didn’t come to mind immediately that it might be terrorism.” [White House, 8/6/2002] She tells Crawford, “I better call the president.” [White House, 10/24/2001] She will then call President Bush, who is in Florida for an education event (see (Shortly Before 9:00 a.m.) September 11, 2001). [BBC Radio 4, 8/1/2002 pdf file; White House, 8/2/2002] While Rice is talking over the phone with Bush, Crawford will inform her that the plane that hit the WTC was in fact a commercial aircraft, not a small twin-engine plane. [White House, 10/24/2001; White House, 11/1/2001]

Entity Tags: Condoleezza Rice, Tony Crawford

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

James Scott, a Secret Service special agent assigned to the vice presidential protective division, sees the television coverage of the plane crash at the World Trade Center and alerts other Secret Service agents protecting Vice President Dick Cheney to the incident. Scott is the “on-duty shift whip” for Cheney’s Secret Service detail. [United States Secret Service, 10/1/2001] His current location is unstated, but he is presumably at the Joint Operations Center (JOC) at the White House. The JOC monitors the White House complex and constantly tracks the location of every “protected person,” including the president and the vice president. [New York Daily News, 12/22/1997; National Geographic, 9/27/2004] After he sees “the aircraft crash on television network news,” Scott will later recall, he “alerted the working shift.” Presumably he does this in a phone call or over his radio. [United States Secret Service, 10/1/2001] The “working shift” includes the “body men” around a Secret Service protectee, according to journalist and author Ronald Kessler. “The normal working shift,” Kessler will write, “consists of a shift leader or whip”—in this case, Scott—“and four shift agents.” [Kessler, 2009, pp. 80-81] However, although he contacts the members of the working shift at this time, Scott will only head to the West Wing of the White House and discuss the crisis with them in person at around 9:30 a.m. (see (9:30 a.m.) September 11, 2001). And he will not evacuate Cheney from his office in the West Wing until around 9:36 a.m., according to some accounts, after he learns of an unidentified aircraft flying toward the White House (see (9:36 a.m.) September 11, 2001). [United States Secret Service, 10/1/2001; United States Secret Service, 11/17/2001 pdf file; 9/11 Commission, 7/24/2004, pp. 39-40; Gellman, 2008, pp. 115] Around the time that Scott alerts the members of the working shift to the crash in New York, a Secret Service agent posted at the door of Cheney’s office (who is presumably a member of the working shift) also receives a phone call from the Secret Service’s intelligence division, informing him that the aircraft that hit the WTC was a passenger jet, according to Cheney’s chief speechwriter, John McConnell, who is with the agent (see (8:50 a.m.) September 11, 2001). [Hayes, 2007, pp. 329-330]

Entity Tags: James Scott, US Secret Service

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Steve Ricchetti.Steve Ricchetti. [Source: C-SPAN]Josh Bolten, the deputy White House chief of staff, receives a phone call from Steve Ricchetti, who served as deputy White House chief of staff during the Clinton administration and who checks whether Bolten is aware of the Presidential Emergency Operations Center (PEOC), a bunker below the White House where numerous government officials will later convene to respond to the terrorist attacks. With White House chief of staff Andrew Card traveling with President Bush in Florida, Bolten is the acting chief of staff at the White House this morning. He has run the senior staff meeting and, after the meeting ends, returns to his office and sees the coverage of the first crash at the World Trade Center on television. Also, when he gets back to his office, Bolten will later recall, “the phone was ringing on the inside line on a number that I don’t think I’d given out to anybody.” “I probably wasn’t even aware I had an inside line,” Bolten will add. He answers the phone and finds the caller is Ricchetti, who he will describe as “a very nice guy who I didn’t know well,” but who had been “very kind to me in the transition.” Ricchetti asks Bolten, “Are you watching TV?” Bolten says he is and Ricchetti asks, “Do you see what’s going on?” Bolten says, “Yes.” Ricchetti then asks, “Do you know about the bunker?” [C-SPAN, 10/6/2013] He is referring to the PEOC, a bunker under the East Wing of the White House that is protected by vault doors and was designed to withstand the effects of a nuclear blast. [New York Times, 9/16/2001; Associated Press, 10/5/2010; Daily Mail, 10/19/2011] Fortunately, Bolten visited the PEOC during a training exercise and so he knows what it is and where it is located (see (Between February and August 2001)). After the call ends, Bolton will head to the White House Situation Room to see if he can find out more about the crash at the WTC (see (9:03 a.m.-9:05 a.m.) September 11, 2001). Apparently influenced by his conversation with Ricchetti, he will later head to the PEOC and then spend much of the rest of the day there with Vice President Dick Cheney and other government officials (see (Shortly After 9:36 a.m.) September 11, 2001). Ricchetti “did a very graceful thing in calling me and trying to alert me to [the PEOC],” Bolten will comment. [C-SPAN, 10/6/2013]

Entity Tags: Joshua Bolten, Steve Ricchetti

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bush’s motorcade arrives at Booker Elementary School.Bush’s motorcade arrives at Booker Elementary School. [Source: Lions Gate Films]President Bush’s motorcade arrives at Booker Elementary School for a photo-op to promote his education policies. [New York Times, 9/16/2001; Sarasota Magazine, 11/2001; Daily Telegraph, 12/16/2001; Sarasota Herald-Tribune, 9/10/2002; Albuquerque Tribune, 9/10/2002; ABC News, 9/11/2002; Washington Times, 10/7/2002] If he left the Colony Resort around 8:35 a.m. as reported, the timing of his arrival at 8:55 a.m. is consistent with the fact that the trip from the resort to the school is said to take 20 minutes. The Booker Elementary School is reportedly “well-equipped for the brief presidential visit. Police and Secret Service agents [are] on the roof, on horseback and in every hallway. The White House [has] installed 49 new phone lines for staffers and reporters.” [New York Times, 9/16/2001; St. Petersburg Times, 9/8/2002; New York Times, 12/1/2002]

Entity Tags: George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Karl Rove, Andrew Card, and Dan Bartlett.
Karl Rove, Andrew Card, and Dan Bartlett. [Source: White House, US Office Pristina, Kosovo, White House]President Bush is told that a plane has crashed into the World Trade Center for the first time by Karl Rove, his senior adviser, according to some accounts, although other accounts will state that he is first alerted to the crash by another member of his staff. Bush has just arrived at the Emma E. Booker Elementary School in Sarasota, Florida, where he is going to attend a children’s reading event (see (8:55 a.m.) September 11, 2001). [Sammon, 2002, pp. 41-42; Bush, 2010, pp. 126; Rove, 2010, pp. 249-250; Priess, 2016, pp. 240; Politico Magazine, 9/9/2016]
Rove Tells Bush about the Crash - During the drive to the school, several members of his staff were informed about the crash at the WTC (see (Between 8:48 a.m. and 8:55 a.m.) September 11, 2001). [White House, 8/12/2002; Dayton Daily News, 8/17/2003] Rove received a call alerting him to what had happened as he was arriving at the school (see (8:55 a.m.) September 11, 2001). He will later recall that he then walks over to Bush, who is “with Secretary of Education Rod Paige, shaking hands with staff and teachers outside the school,” and tells him about the crash. [New Yorker, 9/25/2001; Rove, 2010, pp. 249-250; Politico Magazine, 9/9/2016] White House press secretary Ari Fleischer, who arrived at the school around the time the president did, will give a similar account, writing that while Bush is shaking “hands with the teachers and staff who had lined up to greet him,” Rove “stepped beside the president and told him about the plane” hitting the WTC. [Fleischer, 2005, pp. 138-139]
Bush Thinks the Crash Was 'a Terrible Accident' - Rove tells Bush the crash appears to have been an accident involving a small, twin-engine plane. [Washington Post, 1/27/2002] Bush nods his head, gives “a quizzical look,” and says, “Get more details,” Rove will describe. [Rove, 2010, pp. 250] The president’s initial thoughts in response to the news are: “How could the [pilot] have gotten so off course to hit the towers? What a terrible accident that is.” [Sammon, 2002, pp. 42; Washington Times, 10/7/2002] He says: “This is pilot error. It’s unbelievable that somebody would do this.” He confers with Andrew Card, his chief of staff, and says the plane’s pilot “must have had a heart attack.” [Washington Post, 1/27/2002]
Someone Else First Gives Bush the News, Other Accounts Will State - Rove will claim that he “was the first to tell [Bush] the news” about the crash. [Rove, 2010, pp. 250] However, according to other accounts, Bush is first told about the crash by some other member of the White House staff. For example, Navy Captain Deborah Loewer, director of the White House Situation Room, will say she was the first person to inform Bush about it, running up to his limousine and giving him the news as soon as he arrived at the school (see (8:55 a.m.) September 11, 2001). [Associated Press, 11/26/2001; Dayton Daily News, 8/17/2003; Priess, 2016, pp. 240] And in 2002, Bush will tell journalist and author Bill Sammon that he was first told about the crash by Card. He will say that as he was heading into the school, while Blake Gottesman, his personal aide, was giving him some final instructions in preparation for the reading event, Card said to him, “By the way, an aircraft flew into the World Trade Center.” [Sammon, 2002, pp. 41-42; Washington Times, 10/7/2002] But on other occasions, Bush will state that he was first told about the crash by Rove. [Washington Post, 1/27/2002; Bush, 2010, pp. 126] Bush is also told about the crash, after he arrives at the school, by Dan Bartlett, his communications director, according to some accounts. In response to the news, Bartlett will say, Bush asks, “Was it bad weather [that caused the crash]?” [White House, 8/12/2002; Draper, 2007, pp. 135] After learning about the crash, Bush will go to a classroom from where he will talk on the phone with National Security Adviser Condoleezza Rice, who is at the White House, and discuss what has happened with her (see (Shortly Before 9:00 a.m.) September 11, 2001). [Washington Times, 10/7/2002; Bush, 2010, pp. 126-127]

Entity Tags: Deborah Loewer, Ari Fleischer, Blake Gottesman, Dan Bartlett, Andrew Card, George W. Bush, Karl C. Rove, Rod Paige

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Condoleezza Rice phones President Bush, who is away in Florida, to pass on to him the news that a plane has crashed into the World Trade Center, and she tells the president that the plane involved was a commercial jetliner, not a light aircraft. [White House, 11/1/2001; 9/11 Commission, 7/24/2004, pp. 35; Bush, 2010, pp. 126] Rice, who is in her office at the White House, has just been informed of the crash by her executive assistant, but she mistakenly believes it was an accident involving a small plane (see Shortly After 8:46 a.m. September 11, 2001). [White House, 10/24/2001; MSNBC, 9/11/2002] Bush has just arrived at the Emma E. Booker Elementary School in Sarasota for an education event there (see (8:55 a.m.) September 11, 2001). [Sammon, 2002, pp. 41-42; BBC Radio 4, 8/1/2002 pdf file]
Bush Calls WTC Crash a 'Strange Accident' - Rice calls Navy Captain Deborah Loewer, the director of the White House Situation Room, who is traveling with the president, and Loewer fetches Bush. [White House, 10/24/2001] Bush goes to a classroom that has been converted into a communications center for the traveling White House staff and talks to Rice using a secure phone there. [Bush, 2010, pp. 126] Rice says, “Mr. President, a plane crashed into the World Trade Center.” [White House, 10/24/2001] Bush has already been informed of this by members of his entourage (see (8:55 a.m.) September 11, 2001 and (Shortly After 8:55 a.m.) September 11, 2001). [Associated Press, 11/26/2001; Sammon, 2002, pp. 42; Bush, 2010, pp. 126] He says, “That’s a really strange accident,” and Rice replies, “Yeah, it really is.” [Bumiller, 2007, pp. xi-xii]
Bush Told that Crash Involved a Commercial Plane - Bush asks Rice, “What kind of plane?” and Rice says she has been told it was a twin-engine plane. She tells Bush she will let him know if she learns anything more about the crash. Around this time, Rice’s executive assistant, Army Lieutenant Colonel Tony Crawford, comes and tells Rice that it is now believed the plane that hit the WTC was a commercial plane. Rice passes on this information to Bush and then says, “That’s all we know right now, Mr. President.” [White House, 10/24/2001; White House, 11/1/2001; Newsweek, 12/30/2001; 9/11 Commission, 7/24/2004, pp. 35] Bush will later recall that at this moment, “I was stunned.” He thinks to himself: “That plane must have had the worst pilot in the world. How could he possibly have flown into a skyscraper on a clear day? Maybe he’d had a heart attack.” Bush mutters, “There’s one terrible pilot.” He tells Rice to stay on top of the situation and then asks his communications director, Dan Bartlett, to work on a statement promising the full support of federal emergency management services. [Sammon, 2002, pp. 42-43; Bush, 2010, pp. 126-127]
Bush and Rice Continue with Their Schedules - After the call ends, Bush heads on to watch a children’s reading drill at the school (see 9:02 a.m. September 11, 2001) and Rice goes to her senior staff meeting (see (9:04 a.m.) September 11, 2001). [White House, 8/2/2002; White House, 8/6/2002; Washington Times, 10/7/2002] Representative Dan Miller (R-FL), who is waiting in a receiving line to meet the president, has been told to hold on while Bush takes the call from Rice. When Bush comes over to Miller after the call, he appears unbothered. Miller will recall: “[I]t was nothing different from the normal, brief greeting with the president. I don’t think he was aware at the time, maybe, of the seriousness.” [St. Petersburg Times, 7/4/2004] Author James Bamford will comment that at this time, “neither Rice nor Bush was aware that the United States had gone to ‘battle stations’ alert and had scrambled fighter jets into the air to intercept and possibly take hostile action against multiple hijacked airliners, something that was then known by hundreds of others within NORAD, the Federal Aviation Administration, and the Pentagon.” [Bamford, 2004, pp. 17]

Entity Tags: Condoleezza Rice, Dan Bartlett, Dan Miller, Deborah Loewer, George W. Bush, Tony Crawford

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Gwendolyn Tosé-Rigell.Gwendolyn Tosé-Rigell. [Source: Rod Millington / Sarasota Herald-Tribune]President Bush informs the principal of the Florida school he is visiting about the plane crash at the World Trade Center, but says he is still going ahead with his planned event, listening to a children’s reading drill at the school. [Associated Press, 8/25/2002; Sarasota Herald-Tribune, 9/10/2002] Bush recently arrived at the Emma E. Booker Elementary School in Sarasota (see (8:55 a.m.) September 11, 2001) and has just talked over the phone with National Security Adviser Condoleezza Rice about the crash, but he thinks it was an accident (see (Shortly Before 9:00 a.m.) September 11, 2001). [BBC Radio 4, 8/1/2002 pdf file; Bush, 2010, pp. 126-127] The school’s principal, Gwendolyn Tosé-Rigell, is now summoned to the room where Bush received the call, to talk to the president. Tosé-Rigell will later recall that Bush “said a commercial plane has hit the World Trade Center, and we’re going to go ahead and go on, we’re going on to do the reading thing anyway.” She will comment, “At that point my summation was they wanted him to know about this because it was important, but it couldn’t be anything huge.” Bush then heads into the classroom of Sandra Kay Daniels, to listen to the reading drill (see 9:02 a.m. September 11, 2001). [Associated Press, 8/25/2002; Sarasota Herald-Tribune, 9/10/2002]

Entity Tags: George W. Bush, Gwendolyn Tosé-Rigell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush enters Sandra Kay Daniels’ classroom.President Bush enters Sandra Kay Daniels’ classroom. [Source: Lions Gate Films]President Bush enters the second-grade classroom of teacher Sandra Kay Daniels at the Emma E. Booker Elementary School in Sarasota, Florida, where he is going to listen to the children reading. [Sammon, 2002, pp. 43; Associated Press, 8/25/2002] Bush is scheduled to observe a series of reading drills in the class and the demonstration is set to end at 9:15 a.m. [US President, 9/2001] He arrived at the school shortly before 9:00 a.m. (see (8:55 a.m.) September 11, 2001). [Sammon, 2002, pp. 41] Since then, he has been told that a plane has crashed into the World Trade Center (see (8:55 a.m.) September 11, 2001 and (Shortly After 8:55 a.m.) September 11, 2001) and that the plane involved was a commercial airliner (see (Shortly Before 9:00 a.m.) September 11, 2001). [Dayton Daily News, 8/17/2003; Rove, 2010, pp. 249-250; Bohn, 2015, pp. 214]
Bush Enters the Classroom Two Minutes Late - After taking a call from National Security Adviser Condoleezza Rice, Bush enters Daniels’ classroom for the reading demonstration two minutes later than planned, at 9:02 a.m. [Sammon, 2002, pp. 42-43; Washington Times, 10/7/2002] About 60 people are in the room, including 16 second graders and Daniels, their teacher. [Sarasota Magazine, 11/2001; South Florida Sun-Sentinel, 9/11/2011] Reporters who are traveling with the president and members of the local media are assembled at the back of the room. [Associated Press, 8/25/2002] Secret Service agents are lying in the trusses above the room. [Sarasota Herald-Tribune, 9/10/2002]
Bush Is Introduced to the Class - Gwendolyn Tosé-Rigell, the school principal, accompanies Bush into the room. She says hello to the children and then tells them, “Would you please stand and recognize the president of the United States—President Bush.” After saying, “Good morning,” Bush introduces the children to Secretary of Education Rod Paige and Florida Lieutenant Governor Frank Brogan, who come in behind him and then take their positions at the side of the room. Bush tells the children, “Good to meet you all.” Tosé-Rigell then introduces the president to Daniels. He goes over to the teacher and shakes her hand. After instructing the children to sit down, he tells the class: “It’s really exciting for me to be here. I want to thank Ms. Daniels for being a teacher. I want to thank Gwen for being a principal. And I want to thank you all for practicing reading so much. It’s really important.” Finally, a minute after he entered the classroom, Daniels and the children begin their reading demonstration.
Bush Still Thinks the Crash at the WTC Was an Accident - As he watches the children reading, Bush will start thinking about the statement he will need to make about the crash at the WTC, although he is not particularly troubled about the incident at the moment. “I was concentrating on the [reading] program at this point, thinking about what I was going to say,” he will later recall. He will add: “Obviously, I felt [the crash] was an accident. I was concerned about it, but there were no alarm bells.” [Sammon, 2002, pp. 43-49; Washington Times, 10/7/2002] A few minutes after the reading demonstration begins, Andrew Card, Bush’s chief of staff, will enter the room, and whisper to the president that a second plane has crashed into the WTC and America is under attack (see (9:07 a.m.) September 11, 2001), but despite hearing this devastating news, Bush will stay in the room and listen to the rest of the demonstration (see (9:08 a.m.-9:13 a.m.) September 11, 2001). [Sammon, 2002, pp. 83-91; Washington Times, 10/7/2002; Wall Street Journal, 3/22/2004 pdf file; 9/11 Commission, 7/24/2004, pp. 38-39]

Entity Tags: Frank Brogan, Gwendolyn Tosé-Rigell, Rod Paige, US Secret Service, George W. Bush, Sandra Kay Daniels

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Josh Bolten.Josh Bolten. [Source: ONE]Josh Bolten, the deputy White House chief of staff, learns of the second plane hitting the World Trade Center and then, according to his own account, goes and tells National Security Adviser Condoleezza Rice what has happened. With many of President Bush’s senior staff members, including White House chief of staff Andrew Card, traveling with the president in Florida, Bolten is the acting chief of staff at the White House this morning. He has run the senior staff meeting and, after the meeting ended, noticed the coverage of the first crash at the WTC on the television in his office. He’d thought the crash was a “freak accident,” he will later comment. “But then,” he will say, “the TV pictures kind of made me wonder.” Bolten went down to the White House Situation Room to see if he could learn anything more. The Situation Room, according to Bolten, “is supposed to be the information nerve center of the White House, where they are monitoring all of the TV stations, all the intelligence sources.” It is “where the Defense Department and CIA and everybody funnels in information to the president and to the White House.” After he enters the Situation Room, Bolten learns of Flight 175 hitting the second WTC tower, presumably seeing it live on television at 9:03 a.m. (see 9:03 a.m. September 11, 2001). “[I]t was at that moment that I realized this is not an accident,” he will recall. Bolten will say that he then heads into the conference area of the Situation Room, where Rice is conducting a meeting with her senior directors. After he enters the room, Rice says, “Here’s Josh Bolten,” and then starts introducing him to her senior directors. Bolten will say he gives Rice “the timeout signal” and asks her to step outside the room with him. He then tells her, “A second plane has hit; this is not an accident, it is an attack.” [C-SPAN, 10/6/2013] Rice, however, will contradict Bolten’s account. In interviews in which she discusses this morning’s events, she will make no mention of Bolten coming into her senior directors’ meeting. She will say she learns a second plane has hit the WTC not from Bolten but from her executive assistant, Tony Crawford, who comes into her meeting and hands her a note that tells her about the crash (see (9:04 a.m.) September 11, 2001). [White House, 10/24/2001; White House, 11/1/2001; BBC Radio 4, 8/1/2002 pdf file; White House, 8/6/2002] Bolten will say that after he tells Rice about the crash, the two of them head upstairs to Vice President Dick Cheney’s office and talk to Cheney there (see (Shortly After 9:03 a.m.) September 11, 2001). [C-SPAN, 10/6/2013]

Entity Tags: Condoleezza Rice, Joshua Bolten

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Condoleezza Rice is informed of the second plane hitting the World Trade Center and immediately realizes it is a terrorist attack. Rice’s executive assistant, Army Lieutenant Colonel Tony Crawford, informed Rice of the first crash shortly before 9:00 a.m. while she was in her office at the White House, but, Rice will later say, she had thought it was a “strange accident” (see Shortly After 8:46 a.m. September 11, 2001). Rice had gone down to the conference area of the White House Situation Room for her daily meeting with her top aides. [MSNBC, 9/11/2002; Bumiller, 2007, pp. xi-xii] According to her own later recollections, a few minutes into this meeting, Crawford comes in and hands her a note saying a second plane has hit the WTC. Rice will comment: “I thought, ‘My God, this is a terrorist attack.‘… I knew right away, right away, because that—that couldn’t be coincidence that two planes had hit the World Trade Center that morning.” She gets up and tells Anna Perez, her communications counselor who is with her in the meeting, “Find Dick Clarke,” referring to the White House counterterrorism chief. [White House, 10/24/2001; PBS Frontline, 7/12/2002; MSNBC, 9/11/2002] According to Perez’s later recollection, Rice also tells the others in the room about the second plane hitting the WTC. [White House, 11/1/2001] After saying to her staff, “I have to go,” Rice abruptly heads out. [Newsweek, 12/30/2001] However, Josh Bolten, the deputy White House chief of staff, will contradict Rice’s account and say that he, not Crawford, alerts Rice to the second crash at the WTC. Bolten will recall that he learned of the crash while in the Situation Room and then, realizing it was not an accident, walks into the conference area where Rice is holding her meeting. He asks Rice to step outside the room for a minute and then tells her, “A second plane has hit; this is not an accident, it is an attack” (see (9:03 a.m.-9:05 a.m.) September 11, 2001). Vice President Dick Cheney, Bolten, and Clarke will indicate that Rice initially goes from her staff meeting to Cheney’s office (see (Shortly After 9:03 a.m.) September 11, 2001 and (9:05 a.m.) September 11, 2001). [NBC, 9/16/2001; Clarke, 2004, pp. 1-2; C-SPAN, 10/6/2013] But in her own recollections, Rice will make no mention of this, saying that she goes straight from the conference area to the Situation Room’s operations center, intending to assemble a crisis meeting of the national security team (see (9:05 a.m.) September 11, 2001). [O, the Oprah Magazine, 2/1/2002; PBS Frontline, 7/12/2002; BBC Radio 4, 8/1/2002 pdf file; MSNBC, 9/11/2002; Bumiller, 2007, pp. xii]

Entity Tags: Tony Crawford, Anna Perez, Joshua Bolten, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lisa Gordon-Hagerty.Lisa Gordon-Hagerty. [Source: University of Michigan]Counterterrorism “tsar” Richard Clarke is driving up to a gate outside the White House when Lisa Gordon-Hagerty—a member of his staff who is already at the White House—calls and tells him, “The other tower was just hit.” He responds: “Well, now we know who we’re dealing with. I want the highest level person in Washington from each agency on-screen now, especially the FAA.” He ordered Gordon-Hagerty to set up a secure video conference about five minutes earlier. A few minutes later, according to his own recollections, Clarke finds Vice President Dick Cheney and National Security Adviser Condoleezza Rice in Cheney’s White House office. Clarke tells Cheney: “It’s an al-Qaeda attack and they like simultaneous attacks. This may not be over.” Rice asks Clarke for recommendations and he says, “We’re putting together a secure teleconference to manage the crisis.” He also recommends evacuating the White House. (A slow evacuation of the White House will begin around 9:20-9:25 (see (9:20 a.m.) September 11, 2001).) Rice notes the Secret Service wants them to go to the Presidential Emergency Operations Center (PEOC) below the White House, and as Clarke leaves the other two, he sees Cheney gathering up his papers. In Cheney’s outer office, Clarke will recall, he sees eight Secret Service agents instead of the usual two, ready to move to the PEOC. [Clarke, 2004, pp. 1-2; Australian, 3/27/2004]

Entity Tags: US Secret Service, Richard A. Clarke, Condoleezza Rice, Lisa Gordon-Hagerty, Al-Qaeda, Richard (“Dick”) Cheney, Federal Aviation Administration

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The White House begins slowly evacuating around this time, according to some accounts. In a 9:52 a.m. report, CNN White House correspondent John King will state that “about 30 minutes ago,” the White House had begun “slowly evacuating.” [CNN, 9/11/2001] White House pastry chef Roland Mesnier will write in his 2006 memoirs that the evacuation begins at “exactly 9:18.” At this time, Secret Service agents tell Mesnier to “go out, right now,” because, Mesnier is told, “a plane was targeting the White House and would be there soon.” [Mesnier and Malard, 2006, pp. 361] The evacuation proceeds in an orderly fashion. But later on, around 9:45 a.m., those evacuating will be ordered to run (see (9:45 a.m.) September 11, 2001). [CNN, 9/11/2001]

Entity Tags: John King, US Secret Service, Roland Mesnier

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Special Agent James Scott, a member of Vice President Dick Cheney’s Secret Service detail, heads to the West Wing of the White House and discusses the ongoing crisis with the members of Cheney’s detail posted there. Scott, the “on-duty shift whip” for Cheney’s Secret Service detail, has learned of the attacks in New York and has been discussing emergency plans with a supervisor (see (Shortly After 8:48 a.m.) September 11, 2001 and (Shortly After 9:03 a.m.) September 11, 2001). [United States Secret Service, 10/1/2001] Although his location is unstated, Scott is presumably at the Joint Operations Center at the White House, where the Secret Service constantly monitors the movements of every “protected person,” including the vice president. [New York Daily News, 12/22/1997; National Geographic, 9/27/2004] Scott will later recall that at “approximately 9:30 a.m.,” following his discussions with the supervisor, he heads down to the West Wing, where Cheney’s office is located. He will say that he discusses the “heightened alert” and reviews the “contingency plan” with the shift agents posted there. After he has finished briefing the agents, Scott stays near the door to Cheney’s office. He will recall that he subsequently evacuates Cheney from his office, apparently at around 9:36 a.m., after learning of an unidentified aircraft flying toward the White House (see (9:36 a.m.) September 11, 2001). [United States Secret Service, 10/1/2001; United States Secret Service, 11/17/2001 pdf file]

Entity Tags: US Secret Service, James Scott

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A supervisor at Washington’s Reagan National Airport calls the Secret Service Joint Operations Center (JOC) and warns it about an unidentified aircraft that is heading toward the White House. [Federal Aviation Administration, 9/14/2001; Federal Aviation Administration, 9/17/2001 pdf file; 9/11 Commission, 7/24/2004, pp. 9] Controllers at Reagan Airport have just been contacted by controllers at Washington Dulles International Airport, and notified of the unidentified aircraft, later determined to be Flight 77, approaching Washington (see (9:33 a.m.) September 11, 2001). [Washington Post, 9/11/2001; 9/11 Commission, 8/26/2004, pp. 33]
Supervisor Calls Secret Service - Immediately after he learns of this aircraft, Victor Padgett, the operations supervisor at the Terminal Radar Approach Control (TRACON) at Reagan Airport, picks up a direct line to the White House and informs the Secret Service JOC there: “We have a target five [miles] west. He’s turning south but he’s still on our scope. We’re not talking to him. It’s definitely a suspicious aircraft.” [Federal Aviation Administration, 9/14/2001; Spencer, 2008, pp. 146] According to the 9/11 Commission, this is “the first specific report to the Secret Service of a direct threat to the White House.” [9/11 Commission, 7/24/2004, pp. 39] Padgett provides the Secret Service with continuous updates on the aircraft’s actions. [Federal Aviation Administration, 9/14/2001; Federal Aviation Administration, 9/17/2001 pdf file] After traveling almost 10 miles south of Reagan Airport, the aircraft turns back toward Washington and again appears to be heading for the White House. Padgett tells the Secret Service: “What I’m telling you, buddy, if you’ve got people, you’d better get them out of there! And I mean right g_ddamned now![Spencer, 2008, pp. 158] (People will begin rapidly evacuating from the White House at about 9:45 a.m. (see (9:45 a.m.) September 11, 2001). [CNN, 9/11/2001; CNN, 9/12/2001]
Cheney Not Evacuated - According to the 9/11 Commission, when Padgett initially calls the JOC, “No move [is] made to evacuate the vice president” from his White House office. The officer who takes the call will explain, “[I was] about to push the alert button when the tower advised that the aircraft was turning south and approaching Reagan National Airport.” According to the Commission, Vice President Dick Cheney is not evacuated until “just before 9:36” (see (9:35 a.m.) September 11, 2001 and (9:36 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 39] (However, other accounts indicate he was evacuated earlier on, shortly after 9:00 a.m. (see (Shortly After 9:03 a.m.) September 11, 2001). [New York Times, 9/13/2001; ABC News, 9/14/2002] ) A supervisor at Dulles Airport also contacts the Secret Service around this time to notify it of the approaching aircraft (see (9:33 a.m.) September 11, 2001). [Federal Aviation Administration, 9/17/2001 pdf file]

Entity Tags: US Secret Service, Ronald Reagan Washington National Airport, Richard (“Dick”) Cheney, Victor Padgett

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Daniel Caine.Daniel Caine. [Source: White House]The Secret Service calls the District of Columbia Air National Guard (DCANG) at Andrews Air Force Base, just outside Washington, and asks if it can get fighter jets launched. [Filson, 2003, pp. 78]
Secret Service Calls DCANG - Major Daniel Caine, the supervisor of flying with the 113th Wing of the DC Air National Guard, which is based at Andrews, called his contact at the Secret Service earlier on to see if they needed assistance from his unit, but was told they did not (see (Between 9:05 a.m. and 9:32 a.m.) September 11, 2001). But the Secret Service has just learned of a suspicious aircraft five miles from the White House (see (9:33 a.m.) September 11, 2001 and (9:33 a.m.) September 11, 2001), and so one of its agents now calls Caine back. [Federal Aviation Administration, 9/17/2001 pdf file; Spencer, 2008, pp. 124, 156] Caine’s previous call to the Secret Service had been with agent Kenneth Beauchamp, who told Caine he would call back. However, he did not do so. The name of the agent that makes the current call is unstated. [9/11 Commission, 3/8/2004 pdf file]
Agent Wants Planes Launched - The Secret Service agent asks, “Can you get airplanes up?” He then tells Caine to stand by, and says somebody else will call. Caine will later recall, “When I heard the tone in his voice, I called our bomb dump and told them to uncrate our missiles.” [Filson, 2003, pp. 78] But before Caine does this, Lieutenant Colonel Marc Sasseville, the acting operations group commander under the 113th Wing, calls Brigadier General David Wherley, the commander of the 113th Wing, to get permission to use their “war-reserve missiles.” Wherley gives the go-ahead, and then Caine calls the weapons loaders across the base and orders them, “Get some live AIM-9s [missiles] and bring them over!” At the same time, Sasseville calls the unit’s maintenance officer and orders that their jets be prepared for launch (see (9:35 a.m.-11:05 a.m.) September 11, 2001). [Aviation Week and Space Technology, 9/9/2002; 9/11 Commission, 3/8/2004 pdf file; Spencer, 2008, pp. 156-157] Someone from the Secret Service’s White House Joint Operations Center will soon call Caine, and request that armed fighters be launched over Washington (see (Shortly After 9:35 a.m.) September 11, 2001). [Filson, 2003, pp. 78; 9/11 Commission, 3/11/2004 pdf file]

Entity Tags: Daniel Caine, US Secret Service, David Wherley, Marc Sasseville, District of Columbia Air National Guard

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Secret Service calls for the immediate evacuation of Vice President Dick Cheney from his office after learning that a suspicious aircraft is flying toward the White House. Air traffic controllers informed the Secret Service that an unidentified aircraft was heading toward the White House at around 9:33 a.m. (see (9:33 a.m.) September 11, 2001 and (9:33 a.m.) September 11, 2001), but the aircraft then turned away from the White House and so, according to the 9/11 Commission Report, the Secret Service made no attempt to evacuate Cheney from his office at that time. Now, however, the Secret Service learns that the aircraft is “beginning to circle back.” This news prompts it to order “the immediate evacuation of the vice president.” [Federal Aviation Administration, 9/17/2001 pdf file; 9/11 Commission, 7/24/2004, pp. 39] Someone at the Secret Service Joint Operations Center at the White House passes on the details of the suspicious aircraft to Special Agent James Scott, the “on-duty shift whip” for Cheney’s Secret Service detail, and the shift agents with him in the West Wing of the White House, where Cheney’s office is located. The agents hear the “broadcast alert” over their radios, telling them, “Unidentified aircraft coming toward the White House.” [United States Secret Service, 10/1/2001; United States Secret Service, 11/17/2001 pdf file] Some or possibly all of the agents will immediately go into Cheney’s office, and hurry the vice president out of there and down toward the Presidential Emergency Operations Center, a bunker below the White House (see (9:36 a.m.) September 11, 2001). [United States Secret Service, 11/17/2001 pdf file; 9/11 Commission, 7/24/2004, pp. 39-40; Gellman, 2008, pp. 114-116] However, a number of accounts will indicate that Cheney was evacuated from his office earlier on, at around 9:03 a.m., when the second plane crashed into the World Trade Center (see (Shortly After 9:03 a.m.) September 11, 2001). [New York Times, 9/13/2001; Daily Telegraph, 12/16/2001; ABC News, 9/14/2002]

Entity Tags: US Secret Service, Richard (“Dick”) Cheney, James Scott

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney heading to the the Presidential Emergency Operations Center.Dick Cheney heading to the the Presidential Emergency Operations Center. [Source: David Bohrer / White House]Vice President Dick Cheney is taken by the Secret Service from his office to an underground tunnel leading to the Presidential Emergency Operations Center (PEOC) below the White House around this time, according to some accounts, including the 9/11 Commission Report, although other accounts will suggest he was evacuated from his office about half an hour earlier. [United States Secret Service, 11/17/2001 pdf file; Newsweek, 12/30/2001; 9/11 Commission, 7/24/2004, pp. 39-40; Hayes, 2007, pp. 333, 335] Cheney, who is in his office in the West Wing of the White House, is aware of the two plane crashes in New York and realizes this is a terrorist attack. He is now “watching developments on the television,” he will later recall, and starting “to get organized to figure out what to do.” [Meet the Press, 9/16/2001; Hayes, 2007, pp. 330-331] The Secret Service was informed that an unidentified aircraft was heading toward the White House at around 9:33 a.m. (see (9:33 a.m.) September 11, 2001 and (9:33 a.m.) September 11, 2001). Concern about this aircraft prompted it to order the evacuation of Cheney “just before 9:36,” according to the 9/11 Commission Report (see (9:35 a.m.) September 11, 2001). [Federal Aviation Administration, 9/17/2001 pdf file; 9/11 Commission, 7/24/2004, pp. 39]
Armed Agents Enter Cheney's Office - Four or five Secret Service agents carrying submachine guns therefore enter Cheney’s office, according to Washington Post reporter Barton Gellman. One of them, Special Agent James Scott, pushes through the group of government officials who are gathered around Cheney (see (Shortly After 9:03 a.m.) September 11, 2001) and tells the vice president, “Sir, we need to move you—now.” Cheney nods, indicating that he will respond to the agent in a moment, and then turns to say something to another person. But Scott brings down the flat of his hand sharply on Cheney’s desk and commands, ”Now![Gellman, 2008, pp. 114-115]
Cheney Propelled out of His Office - Scott then puts his hand on Cheney’s shoulder, grabs the vice president by the back of his belt, and moves him out the door. [Hayes, 2007, pp. 333] Cheney will comment that Secret Service agents “practice this, I’m sure, because… whether you wanted to move or not, you’re going. They don’t exactly pick you up and carry you. It’s more like they propel you forward.” [White House, 11/19/2001] As the Secret Service agents take Cheney through his outer office, the vice president manages to grab the latest issue of The Economist off a table. “I’m always carrying something in case I get hung up someplace,” he will explain. “I’ve got to have something to read.” [Newsweek, 12/30/2001; Hayes, 2007, pp. 333] Carrying the magazine but nothing more, Cheney is hurried down the hallway, past the Oval Office, and down into the basement of the White House. [White House, 11/19/2001]
Other Officials Left in Cheney's Office - The officials who were with Cheney are left in his office. Mary Matalin, one of Cheney’s senior advisers, will recall: “[S]peechwriter John McConnell and I were left behind in his office, staring at each other as if to say, ‘What are we, chopped liver?’ I think I actually said that.” [National Review, 9/8/2011] Cheney will arrive in the underground tunnel leading to the PEOC about a minute after he leaves his office (see (9:37 a.m.) September 11, 2001). There he will learn that the Pentagon has been hit and talk over the phone with the president (see (9:45 a.m.-9:56 a.m.) September 11, 2001) before heading into the PEOC (see (9:58 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40; Hayes, 2007, pp. 335-336] However, according to some accounts, Cheney was evacuated from his office a significant time earlier on, around 9:03 a.m., when the second plane crashed in New York (see (Shortly After 9:03 a.m.) September 11, 2001). [New York Times, 9/13/2001; Daily Telegraph, 12/16/2001; ABC News, 9/14/2002; Clarke, 2004, pp. 1-2]

Entity Tags: John McConnell, Mary Matalin, James Scott, Richard (“Dick”) Cheney, US Secret Service

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Josh Bolten, the acting White House chief of staff, heads to the Presidential Emergency Operations Center (PEOC), a bunker below the White House, after seeing Vice President Dick Cheney taken there by his Secret Service agents. Although Bolten is the deputy White House chief of staff, because White House chief of staff Andrew Card is traveling with President Bush in Florida, he is the acting chief of staff at the White House this morning. He was with Cheney when Secret Service agents entered Cheney’s office and then hurried the vice president away to the PEOC (see (9:36 a.m.) September 11, 2001). However, no one evacuated Bolten from the office. “You know, deputy chief of staff, you don’t have a Secret Service detail… nobody was watching out for me,” he will later comment. Fortunately, Bolten learned where the PEOC is located and that he was supposed to go there in a crisis during a training exercise (see (Between February and August 2001)). Furthermore, he was reminded of the existence of the PEOC by Steve Ricchetti, who served as deputy White House chief of staff during the Clinton administration, when Ricchetti phoned him earlier this morning (see (Between 8:50 a.m. and 9:02 a.m.) September 11, 2001). Therefore, at some time after Cheney is evacuated from his office, Bolten makes his way down to the PEOC. [C-SPAN, 10/6/2013] The time at which he arrives there is unclear. According to notes taken by I. Lewis “Scooter” Libby, Cheney’s chief of staff, Bolten is in the PEOC at approximately 10:00 a.m. [9/11 Commission, 4/5/2004] He will spend much of the rest of the day there with Cheney and other government officials. [CNN, 9/11/2002; C-SPAN, 10/6/2013] The PEOC, according to the London Telegraph, will become “the nerve center for America’s response to the unprecedented attacks.” [Daily Telegraph, 9/10/2011]

Entity Tags: Joshua Bolten, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The White House mess.The White House mess. [Source: Unknown]People at the White House are ordered to go to the “mess,” the senior staff dining room. David Kuo, a special assistant to the president, and John Bridgeland, the director of the White House Domestic Policy Council, will later recall being ordered to go downstairs to the mess by armed Secret Service agents. Meanwhile, Anita McBride, the acting director of White House personnel, is instructed by members of the Secret Service to “go through West Wing offices and tell everyone to ‘get out’ and stay put” in the mess. [Kuo, 2006, pp. 185; Politico, 9/9/2011; Bridgeland, 2012, pp. 3] Mary Matalin, a counselor to Vice President Dick Cheney, will recall, “Everyone still remaining in the West Wing was shepherded to the White House mess, where we were to await further instructions.” [Carville and Matalin, 2014, pp. 138]
Mess Is a 'Tiny, Unsecure' Facility - The White House mess is an exclusive dining facility run by the US Navy, located in the basement of the West Wing, just under the Oval Office. [All Hands, 12/1/2001; National Review, 10/8/2013] Bridgeland will recall thinking “how odd it was” for White House staffers to all be evacuated to this “tiny, unsecure” facility. [Bridgeland, 2012, pp. 4] People in the mess are watching television or just waiting. [White House, 8/29/2002] Kuo will describe: “All the tables had been tossed onto their sides to make room for as many people as possible. Fifty people stood there, shocked, quiet, confused.” [Kuo, 2006, pp. 185]
People Ordered to the Mess after the Pentagon Attack - The exact time at which staffers are ordered to go to the mess is unclear. Matalin will recall being told to go there “moments” after she sees Cheney being evacuated from his office, which would be some time shortly after 9:36 a.m. (see (9:36 a.m.) September 11, 2001). [National Review, 9/8/2011; Carville and Matalin, 2014, pp. 137-138] Bridgeland and Kuo will recall being ordered to go there shortly after they learn the Pentagon has been hit, which would be some time after 9:37 a.m., when the Pentagon attack occurred (see 9:37 a.m. September 11, 2001). [Kuo, 2006, pp. 184-185; Bridgeland, 2012, pp. 3]
People in the Mess Ordered to Leave the Building - People will only spend a short time in the mess before they are told to get out of the building. The Secret Service will reportedly order them to evacuate the White House at 9:45 a.m. (see (9:45 a.m.) September 11, 2001). [Associated Press, 2001 pdf file; Washington Post, 1/27/2002] Bridgeland will describe: “[A]n alarmed police officer came into the White House mess and instructed us to leave. Another officer outside was receiving the latest communications by wire (apparently alerted that United Airlines Flight 93 was headed toward the White House or US Capitol building) and commanded us, ‘Take off your shoes and run as fast as you can.’” [Bridgeland, 2012, pp. 4] Matalin will recall that the order she hears, which is delivered “in a weirdly calm manner,” is: “Run for your lives. A plane is going to hit the White House.” [Carville and Matalin, 2014, pp. 138]

Entity Tags: Anita McBride, John Bridgeland, Mary Matalin, David Kuo, US Secret Service

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Shortly after boarding Air Force One, President Bush speaks by phone with Vice President Dick Cheney for approximately 10 minutes. [Hayes, 2007, pp. 335-336] According to the 9/11 Commission, Cheney had reached the underground tunnel leading to the Presidential Emergency Operations Center (PEOC) below the White House at 9:37 a.m. (see (9:37 a.m.) September 11, 2001). He and the Secret Service agents escorting him had paused in an area of the tunnel with a secure phone and a television. He’d then asked to speak to the president, but it had taken a while for his call to be connected. However, elsewhere in its final report, the Commission will indicate that Bush, not Cheney, makes this phone call, saying that after he’d boarded Air Force One, the president “called the vice president.” [9/11 Commission, 7/24/2004, pp. 39-40] Cheney will later recall making “one phone call [to the president] from the tunnel. And basically I called to let him know that we [at the White House] were a target and I strongly urged him not to return to Washington right away, that he delay his return until we could find out what the hell was going on.” [Newsweek, 12/30/2001; 9/11 Commission, 7/24/2004, pp. 464] He will recall, “What I was immediately thinking about was sort of continuity of government.” [Hayes, 2007, pp. 335-336] According to notes made by White House press secretary Ari Fleischer, who is with the president on Air Force One, at about 9:45 a.m. Bush tells Cheney: “Sounds like we have a minor war going on here, I heard about the Pentagon. We’re at war… somebody’s going to pay.” [9/11 Commission, 7/24/2004, pp. 39 and 463; Fleischer, 2005, pp. 141] Bush instructs Cheney to call the congressional leadership and give them a briefing. [New Yorker, 9/25/2001] (However, around this time, Capitol Hill is being evacuated (see 9:48 a.m. September 11, 2001).) The 9/11 Commission will state that, according to “contemporaneous notes,” at 9:55 a.m. “the vice president [is] still on the phone with the president advising that three planes [are] missing and one had hit the Pentagon.” [9/11 Commission, 7/24/2004, pp. 40] In his book Against All Enemies, counterterrorism “tsar” Richard Clarke will indicate that it is around the time this call occurs that he is informed that the president has authorized the military to shoot down hostile aircraft (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8] Yet various accounts of Bush and Cheney’s call will make no mention of the president and vice president discussing any orders or making any decisions. [Sammon, 2002, pp. 101; Woodward, 2002, pp. 16; 9/11 Commission, 7/24/2004, pp. 39-40; Hayes, 2007, pp. 335-336] Their call apparently ends around 9:56 a.m.-9:57 a.m., as, according to the 9/11 Commission, Cheney enters the PEOC “shortly before 10:00, perhaps at 9:58.” [9/11 Commission, 7/24/2004, pp. 40] (However, some accounts will indicate that he enters the PEOC significantly earlier than this (see (Shortly After 9:03 a.m.) September 11, 2001).) After hanging up, Bush turns to the men who are with him at his desk: his chief of staff Andrew Card, his senior adviser Karl Rove, military aide Lieutenant Colonel Tom Gould, and Fleischer. He tells them: “That’s what we’re paid for, boys. We’re gonna take care of this. When we find out who did this, they’re not gonna like me as president. Somebody’s going to pay.” [Sammon, 2002, pp. 101; Woodward, 2002, pp. 17] According to some accounts, shortly after finishing this call, the president and vice president will be back on the phone with each other (see (Shortly After 9:56 a.m.) September 11, 2001 and (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001).

Entity Tags: George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The White House Situation Room.The White House Situation Room. [Source: Chuck Kennedy / White House]Staffers in the White House Situation Room remain where they are despite being advised to evacuate and a list of their names is sent out, in case an aircraft should crash into the White House. At 9:33 a.m., a supervisor at Washington’s Reagan National Airport called the Secret Service Joint Operations Center at the White House to report that an unidentified aircraft was heading toward the White House. The supervisor warned, “[I]f you’ve got people [at the White House], you’d better get them out of there” (see (9:33 a.m.) September 11, 2001). [Federal Aviation Administration, 9/14/2001; 9/11 Commission, 7/24/2004, pp. 9; McClatchy Newspapers, 8/29/2011] Most personnel evacuated from the White House at around 9:45 a.m. (see (9:45 a.m.) September 11, 2001). [CNN, 9/11/2001; CNN, 9/12/2001]
Situation Room Personnel Decline the Advice to Leave - Meanwhile, Rob Hargis, the senior duty officer in the Situation Room, receives a call from a National Security Council official, who urges him and his colleagues to get out of the White House. Hargis turns to the others in the Situation Room and says: “We have been ordered to evacuate. If you want to go, go now.” However, everyone stays silent and no one gets up to leave. Hargis therefore tells the caller, “We’re staying.” He thinks the White House would be disconnected from the crisis if the Situation Room stopped operating at such a critical time. [McClatchy Newspapers, 8/29/2011] According to Franklin Miller, a senior aide to National Security Adviser Condoleezza Rice, at some point Deputy National Security Adviser Stephen Hadley gives the instruction to keep the Situation Room running and there is in fact never any question about its personnel leaving. [New York Times, 3/30/2004]
Counterterrorism Chief Allegedly Asks the Staffers to Evacuate - White House counterterrorism chief Richard Clarke will later claim that, apparently around this time, he is concerned for the safety of those with him in the Situation Room, and so he huddles them together and asks them to leave. He tells them: “We will be the next target. It’s no shame to relocate. Some of you have kids too. Think about them.” But the staffers all decline his request. [Clarke, 2004, pp. 12] However, Miller will dispute whether Clarke makes this offer, calling his claim “a complete fiction” (see March 30, 2004). [New York Times, 3/30/2004]
List of the Staffers' Names Is Sent to the CIA - All the same, Miller is concerned for the safety of those in the Situation Room. “The White House could be hit; we could be going down,” he thinks. He therefore quietly compiles a list of the names of everyone in the room, he will recall, “so that when and if we died, someone would know who was in there.” The list is passed to Scott Heyer, a communications officer in the Situation Room, and Heyer e-mails it to the CIA operations center. [New York Times, 12/30/2001; McClatchy Newspapers, 8/29/2011] For the rest of the day, about a dozen staffers will remain in the Situation Room, working frantically to keep information flowing to President Bush, Vice President Dick Cheney, and key White House personnel. [Daily Telegraph, 9/10/2010; McClatchy Newspapers, 8/29/2011]

Entity Tags: Central Intelligence Agency, Richard A. Clarke, Franklin Miller, Scott Heyer, Rob Hargis, Stephen J. Hadley

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Senator John Kerry looks up to the sky as he and others evacuate.Senator John Kerry looks up to the sky as he and others evacuate. [Source: CBC]The Capitol building in Washington, DC is evacuated. [Associated Press, 8/21/2002] It is the first time in US history this has ever happened. [Chicago Tribune, 9/12/2001; New York Times, 9/12/2001] Both the Senate and the House are in session at the time. [CNN, 8/17/2002] Capitol Police officers go through the building and order people to leave at once. [Washington Post, 9/12/2001; CNN, 9/11/2002]
Reports of Plane Approaching the Capitol - The evacuation appears to be in response to reports of a plane heading toward the Capitol. [Associated Press, 9/11/2001; CNN, 8/17/2002; Bamford, 2004, pp. 80-81] According to CNN congressional correspondent Dana Bash, “the Capitol Police were hearing, in their radio, that there was a plane—another plane in the air, likely headed for the Capitol.” [CNN, 9/11/2006] When a Capitol Police officer instructs Senate Majority Leader Tom Daschle (D-SD) to leave the building, he says: “We have word that an airplane is heading this way and could hit the building anytime. You need to evacuate.”
'Nothing Orderly' about Evacuation - However, there are problems with the evacuation. According to Daschle, “The fire alarm system, which was working in the nearby Senate office buildings, was never activated in the Capitol, so there were people who weren’t aware that an evacuation was taking place.” Also, some individuals are reluctant to leave. [Daschle and D'Orso, 2003, pp. 109-110] Rep. Bob Stump (R-AZ) will recall: “They tried to throw me out three times, but they didn’t succeed. I figured I was safer in the building than out on the street.” [Associated Press, 9/11/2001] Daschle will recall that there is “nothing orderly” about the evacuation. Outside the building “No one knew what to do or where to go. People congregated on the grass and in the parking lot. Senators and staff were mixed in with tourists, all staring up at the sky, wondering what might be headed our way.” [Daschle and D'Orso, 2003, pp. 110] CNN will report, “[S]ome of the most high ranking officials in the United States government were just kind of scattered around this area without a gathering point.” [CNN, 9/11/2006]
Sergeant at Arms Concerned over Poor Security - Al Lenhardt, the Senate’s sergeant at arms, will later say how alarmed he was “to see members of Congress and their staffs mixed in with visitors and passersby wandering in the open around the Capitol grounds. One of the tactics that terrorists have been known to employ is to create a diversion to move their intended target to the area where the actual attack will take place. Al imagined a bomb or gunfire erupting right there on the lawn outside the Capitol.” [Daschle and D'Orso, 2003, pp. 111] Eventually, many of the members of Congress go to the Capitol Police headquarters, which then serves as their command center for the day (see (9:55 a.m. and After) September 11, 2001 and (10:00 a.m.-6:30 p.m.) September 11, 2001). [CNN, 9/11/2002; Daschle and D'Orso, 2003, pp. 112]

Entity Tags: Al Lenhardt, Robert Lee Stump, US Capitol Police, Tom Daschle

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lynne Cheney.Lynne Cheney. [Source: David Bohrer / White House]Lynne Cheney, the wife of Vice President Dick Cheney, enters the White House, but the Secret Service agent who accompanies her is initially confused about where he should take her. [White House, 11/14/2001; United States Secret Service, 11/17/2001 pdf file; 9/11 Commission, 7/24/2004, pp. 40] Cheney has been driven to the White House by her Secret Service agents after they evacuated her from a hair salon in Washington, DC (see (Shortly After 9:33 a.m.) September 11, 2001). Cheney and her agents are met at the White House by a senior Secret Service agent—an assistant special agent in charge—who then accompanies Cheney through the building. [United States Secret Service, 10/1/2001] Cheney and the agent run into I. Lewis “Scooter” Libby, the vice president’s chief of staff, who is on his way to the Presidential Emergency Operations Center (PEOC), a bunker below the East Wing of the White House. Libby will later recall that the Secret Service agent with Cheney appears uncertain about where he should be going. “The agent was a little confused about where [Cheney] should be,” he will say. “[H]e somehow had the impression that she was supposed to be in the mess area [i.e. the cafeteria in the West Wing].” Libby tells the agent, “I think we’re—Mrs. Cheney and I—are supposed to be in the PEOC.” He will comment, “I’m aware that [Cheney] would be safer if we could get her down to the PEOC.” But, according to Libby, the agent thinks “we were supposed to be somewhere else.” The agent has a wire in his ear; Libby will comment, “I think he was getting some instructions off of that.” Finally, after “probably a minute or so,” Libby will say, the problem of where to take Cheney “got clarified” and the agent receives “the proper instruction.” Cheney, the Secret Service agent, and Libby then head toward the PEOC. [White House, 11/14/2001] The three of them go downstairs and Cheney will then join the vice president in the tunnel leading to the PEOC (see (9:55 a.m.) September 11, 2001). [White House, 11/9/2001; 9/11 Commission, 7/24/2004, pp. 40]

Entity Tags: US Secret Service, Lynne Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lynne Cheney, the wife of Vice President Dick Cheney, joins her husband in an underground tunnel that leads to the Presidential Emergency Operations Center (PEOC) below the White House. [White House, 11/9/2001; 9/11 Commission, 7/24/2004, pp. 40] Cheney has been driven to the White House by her Secret Service agents after they evacuated her from a hair salon in Washington, DC (see (Shortly After 9:33 a.m.) September 11, 2001). [United States Secret Service, 10/1/2001] As they were making their way through the White House, Cheney and the Secret Service agent accompanying her ran into I. Lewis “Scooter” Libby, the vice president’s chief of staff, and Libby then joined them as they headed toward the PEOC (see 9:52 a.m. September 11, 2001). In the underground tunnel that leads to the PEOC, Cheney, the Secret Service agent, and Libby find the vice president. [White House, 11/14/2001] Vice President Cheney was being taken to the PEOC by his Secret Service agents (see (9:36 a.m.) September 11, 2001), but stopped in an area of the underground tunnel where there is a secure telephone, in order to speak to President Bush (see (9:37 a.m.) September 11, 2001 and (9:45 a.m.-9:56 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 39-40] He is on the phone with Bush when his wife reaches him. [Cheney, 9/11/2001; White House, 11/9/2001] Dick and Lynne Cheney will enter the PEOC at around 9:58 a.m., according to the 9/11 Commission Report (see (9:58 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40]

Entity Tags: US Secret Service, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Lynne Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Douglas Cochrane, Vice President Dick Cheney’s military aide, joins Cheney in an underground tunnel that leads to the Presidential Emergency Operations Center (PEOC) below the White House and is told that an aircraft hit the Pentagon. After Flight 175 crashed into the World Trade Center at 9:03 a.m., Cochrane went from the White House to his office in the Eisenhower Executive Office Building, next to the White House, to fetch a special briefcase that holds the codes necessary to initiate a nuclear attack (see 9:03 a.m. September 11, 2001). When he arrived back at the White House, he saw Cheney being evacuated from his office by his Secret Service agents (see (9:36 a.m.) September 11, 2001). Cochrane tried to follow Cheney as he was being escorted to the underground tunnel that leads to the PEOC, but the door to the tunnel was shut behind the vice president. Cochrane said, “Open the door,” but agents there said they could not do this. He therefore had to take another route to get to the tunnel. Cochrane now joins Cheney. He finds that Lynne Cheney, the vice president’s wife, has joined Cheney in the tunnel (see (9:55 a.m.) September 11, 2001) and the group around the vice president is getting ready to head to the PEOC. While Cochrane is in the tunnel, a Secret Service agent tells him, “They just got the Pentagon.” Cochrane will later comment that before receiving this notification, he had been unaware that an aircraft was approaching Washington, DC. He will go with Cheney and the group accompanying the vice president into the PEOC (see (9:58 a.m.) September 11, 2001), and stay in the PEOC for the rest of the day. [9/11 Commission, 4/16/2004]

Entity Tags: US Secret Service, Lynne Cheney, Douglas Cochrane, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Condoleezza Rice enters the underground tunnel leading to the Presidential Emergency Operations Center (PEOC)—the bunker below the White House—where she encounters Vice President Dick Cheney, and then heads into the PEOC. Rice has been escorted down from the White House Situation Room by Carl Truscott, the Secret Service special agent in charge of the presidential protective division, who told her she had to go to the PEOC (see (9:45 a.m.) September 11, 2001). [United States Secret Service, 10/1/2001; White House, 8/6/2002] Before she left the Situation Room, Rice briefly talked on the phone with President Bush (see (9:45 a.m.) September 11, 2001). [White House, 8/2/2002; White House, 8/6/2002]
Rice Meets Cheney in Underground Tunnel - When Rice and Truscott enter the underground tunnel that leads to the PEOC, they encounter Cheney and his wife, Lynne Cheney, along with one of Cheney’s Secret Service agents. [United States Secret Service, 10/1/2001] Cheney was being taken to the PEOC by his Secret Service agents (see (9:36 a.m.) September 11, 2001, but stopped in an area of the underground tunnel where there is a secure telephone, in order to speak to Bush (see (9:37 a.m.) September 11, 2001 and (9:45 a.m.-9:56 a.m.) September 11, 2001). Lynne Cheney joined him there after she arrived at the White House (see (9:55 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 39-40] Cheney is still on the phone with Bush when Truscott and Rice meet him. Truscott advises the group assembled in the tunnel to move on to the PEOC. [United States Secret Service, 10/1/2001]
Rice Heads into the PEOC - Rice subsequently goes from the tunnel into the PEOC, although the exact time when she does so is unclear. She enters the PEOC “shortly after the vice president,” according to the 9/11 Commission Report, which will state that Cheney arrives in the PEOC at around 9:58 a.m. (see (9:58 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40] Rice must enter the PEOC before 9:59 a.m., since she is there at the time the South Tower of the World Trade Center collapses, as will be confirmed by a photo taken at that time (see 9:59 a.m. September 11, 2001). [Newsweek, 12/30/2001; Bumiller, 2007, pp. xiii; Washington Post, 6/24/2007]
Rice Calls Relatives in Alabama - In the PEOC, Rice takes a seat next to Cheney. [9/11 Commission, 7/24/2004, pp. 40; Bumiller, 2007, pp. xiii] The first thing she does after arriving, according to some accounts, is call her aunt and uncle in Birmingham, Alabama, to tell them to inform her family that she is okay. [White House, 10/24/2001; O, the Oprah Magazine, 2/1/2002; White House, 8/2/2002; New York Times, 9/11/2002] But other accounts will say she called them just before she headed out from the Situation Room. [White House, 11/1/2001; White House, 8/7/2002; Associated Press, 9/9/2002; Bumiller, 2007, pp. xiii]

Entity Tags: Richard (“Dick”) Cheney, Carl Truscott, Lynne Cheney, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder.Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder. [Source: David Bohrer / White House]In the conference room of the Presidential Emergency Operations Center (PEOC), Vice President Cheney, National Security Adviser Condoleezza Rice, and their aides watch the South Tower collapsing on television. [Newsweek, 12/31/2001] Cheney will later say that the WTC coming down “was a shock to everybody—it certainly was to me.” [PBS, 9/9/2002] However, if he is indeed shocked, this is not how Cheney appears to others in the room. One witness who is present will later recall that, as the South Tower collapses, there is “a groan in the room that I won’t forget, ever. It seemed like one groan from everyone.” However, Cheney makes no sound, but closes his eyes for a long, slow blink. The witness says, “I remember turning my head and looking at the vice president, and his expression never changed.” [Washington Post, 6/24/2007] According to Mary Matalin, a counselor to the vice president, Cheney says nothing in response to the collapse, but “he emoted in a way that he emotes, which was to stop.” [CNN, 9/11/2002; CNN, 9/11/2002] When he is told that a casualty estimate ranges well into the thousands, the vice president reportedly just nods grimly. [Newsweek, 12/31/2001] According to the Washington Post, three people who are present say they see no sign now or later “of the profound psychological transformation that has often been imputed to Cheney.” What they see is “extraordinary self-containment and a rapid shift of focus to the machinery of power. While others assessed casualties and the work of ‘first responders,’ Cheney began planning for a conflict that would call upon lawyers as often as soldiers and spies.” He will promptly begin assembling the legal team that subsequently assists him in expanding presidential power (see (After 10:00 a.m.) September 11, 2001). [Washington Post, 6/24/2007]

Entity Tags: Mary Matalin, Richard (“Dick”) Cheney, Condoleezza Rice, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney talking to Condoleezza Rice.Dick Cheney talking to Condoleezza Rice. [Source: David Bohrer / White House] (click image to enlarge)According to the 9/11 Commission, Vice President Dick Cheney is told that the Air Force is trying to establish a combat air patrol (CAP) over Washington. Cheney, who is in the Presidential Emergency Operations Center (PEOC) below the White House, then calls President Bush on Air Force One to discuss the rules of engagement for this CAP. Cheney later tells the 9/11 Commission that he’d felt “it did no good to establish the CAP unless the pilots had instructions on whether they were authorized to shoot if the plane would not divert.” He recalls that “the president signed off on that concept.” Bush will recall this phone call and emphasize to the 9/11 Commission that, during it, he had authorized the shootdown of hijacked aircraft. National Security Adviser Condoleezza Rice, who is in the PEOC with Cheney, will tell the Commission she recalls hearing Cheney inform the president: “Sir, the CAPs are up. Sir, they’re going to want to know what to do.” Then she hears Cheney say, “Yes sir.” However, as the Commission will later note, “Among the sources that reflect other important events that morning there is no documentary evidence for this call, although the relevant sources are incomplete” (see (Mid 2004)). [9/11 Commission, 7/24/2004, pp. 40-41] Reportedly, some members of the Commission’s staff will not believe this call between Bush and Cheney ever took place. [Newsweek, 6/20/2004] Cheney phones Bush at 10:18 (see 10:18 a.m.-10:20 a.m. September 11, 2001). According to the 9/11 Commission, it is in fact during that call that Bush authorizes the military to shoot down threatening aircraft. [9/11 Commission, 7/24/2004, pp. 41]

Entity Tags: 9/11 Commission, Richard (“Dick”) Cheney, Condoleezza Rice, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

At the instruction of National Security Adviser Condoleezza Rice, Deputy Secretary of State Richard Armitage sends a cable out around the world saying the US government is still functioning. [US Department of State, 9/8/2006] Having recently arrived at the Presidential Emergency Operations Center (PEOC) below the White House (see (Shortly Before 9:59 a.m.) September 11, 2001), the first thing that occurs to Rice, she will later say, is that it is important to get a cable out to all diplomatic posts around the world, to say the United States government has “not been decapitated by this attack.… I thought to myself, we need to let everybody know that we’re still up and running.” [MSNBC, 9/11/2002] She therefore tells her deputy, Stephen Hadley, to call Armitage at the State Department, and urge him to send a cable to all overseas posts with this message. [BBC Radio 4, 8/1/2002 pdf file; Bumiller, 2007, pp. xvi]

Entity Tags: Stephen J. Hadley, Condoleezza Rice, Richard Armitage

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Regarding President Bush’s decision not to return to Washington immediately after the 9/11 attacks, historian Robert Dallek tells a USA Today reporter: “Frankly, President Bush made an initial mistake. The president’s place is back in Washington” (see (9:45 a.m.) September 11, 2001, (9:45 a.m.-9:56 a.m.) September 11, 2001, and 10:02 a.m. September 11, 2001). Presidential historian Douglas Brinkley adds, “If I were Bush, I’d be in the White House right now, saying, ‘We took a hit at the Pentagon and had a disaster in New York, but the government of the United States is unscathed by this and we’re going to march forward.’” When Dallek’s words appear in print, White House political adviser Karl Rove calls Dallek to inform him that Bush did not return to Washington right away because of security threats to the White House (see (9:45 a.m.) September 11, 2001) and Air Force One (see (10:32 a.m.) September 11, 2001 and (4:00 p.m.) September 11, 2001). Rove provides no substantiation for his claims, and media critic Eric Alterman later asks, “If you think Air Force One is to be attacked (see (11:29 a.m.) September 11, 2001), why go up in Air Force One?” Looking back on Dallek’s assessment, New York Times columnist Frank Rich later writes, “September 11 was the first time since the British set fire to the White House in 1814 that a president abandoned the capital for security reasons.” [USA Today, 9/12/2001; Rich, 2006, pp. 24-25]

Entity Tags: Frank Rich, Douglas Brinkley, Eric Alterman, Karl C. Rove, Robert Dallek, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A poster promoting ‘Hillary: The Movie.’A poster promoting ‘Hillary: The Movie.’ [Source: New York Times]The conservative lobbying group Citizens United (CU—see May 1998 and (May 11, 2004)) releases a film entitled Hillary: The Movie. The film is a lengthy diatribe attacking the character and career of Senator Hillary Clinton (D-NY), a leading candidate for the Democratic presidential nomination. Large portions of the film are comprised of conservative critics launching attacks against the personalities and character of Clinton and her husband, former President Clinton. CU president David Bossie (see May 1998) says he based his film on a documentary, Fahrenheit 9/11, released in 2004 by liberal filmmaker Michael Moore (see August 6, 2004), and calls it “a rigorously researched critical biography” comparable to the material presented on political talk shows such as Meet the Press. [Washington Post, 3/15/2009; Moneyocracy, 2/2012] Bossie intended for the film to be released in late 2007 and impact the 2008 race in the same way that he believes Fahrenheit 9/11 impacted the 2004 race. A cable company made the film, at a cost of $1.2 million, available for free to viewers on “video on demand.” Bossie also scheduled a small theater run for the film, but his primary focus was always cable television and the accompanying television advertisements. Knowing the film will probably run afoul of campaign law, he hired lawyers, first James Bopp Jr. (a former member of the far-right Young Americans for Freedom—YAF—and the former general counsel for the National Right to Life Committee—see November 1980 and After) [New Yorker, 5/21/2012] and later Theodore B. Olson, the former solicitor general under the Bush administration. Olson will later say the film is “a critical biographical assessment” that provides “historical information about the candidate and, perhaps, some measure of entertainment as well.” The New York Times calls it “a scathingly hostile look at Mrs. Clinton” replete with “ripe voice-overs, shadowy re-enactments, and spooky mood music.” The film also contains interviews and material from mainstream media reporters, and interviews with figures such as former CIA agent Gary Aldrich, who wrote a “tell-all” book about the Clinton administration, and with Kathleen Willey, who has claimed that Bill Clinton once made an unwelcome sexual advance towards her. Reviewer Megan Carpentier of Radar Online will trounce the movie, saying that it “scrolls through more than a decade of press clippings and a treasure trove of unflattering pictures in its one-sided romp” and will advise potential viewers to watch it “while inebriated in the manner of your choosing, and only if you don’t pay $10 for the privilege.” [New York Times, 3/5/2009] Bossie claims the movie has nothing to do with the impending primary elections. CU intends to show the movie in a small number of theaters but primarily on “video on demand” cable broadcasts, with accompanying television advertisements. In return for a $1.2 million fee, a cable television consortium has agreed to make the movie freely available to its customers as part of what CU calls its “Election ‘08” series. (CU has another negative documentary on Clinton’s Democratic challenger Barack Obama in the works—see October 28-30, 2008—but apparently has no plans to air any documentaries on Republican candidate John McCain or any other Republican presidential candidates.) However, the Federal Election Commission (FEC) refuses to allow the film to be aired on cable channels, or advertised for theater release, because the FEC considers the film “electioneering” and thus subject to campaign finance law (see March 27, 2002) restrictions. Moreover, the film and its planned distribution are funded by corporate donations. [United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012] Bossie claims the film takes no position on Clinton’s candidacy, and says that if he had to vote between Hillary Clinton and Barack Obama, he would vote for Clinton. [New York Times, 3/5/2009]
Court Fight - Bopp, CU’s original lawyer, decides to pursue the same general aggressive course that he took in a recent successful Supreme Court campaign finance case, the Wisconsin Right to Life (WRTL) decision (see Mid-2004 and After). The Hillary film was envisioned from the outset to serve multiple purposes: to advance conservative ideology, damage Clinton’s presidential chances (despite Bossie’s claims), and generate profits. Bopp knows that the FEC would likely classify the film as a political advertisement and not a work of journalism or entertainment (see August 6, 2004), and therefore would fall under campaign law restrictions. Before the film is officially released, Bopp takes the film to the FEC for a ruling, and when the FEC, as expected, rules the film to be “electioneering communication” that comes under campaign law restrictions, Bopp files a lawsuit with the Washington, DC, federal district court. The court rules in favor of the FEC judgment, denying CU its request for a preliminary injunction against the FEC’s ruling. The court specifically finds that the WRTL decision does not apply in this case. “[I]f the speech cannot be interpreted as anything other than an appeal to vote for or against a candidate, it will not be considered genuine issue speech even if it does not expressly advocate the candidate’s election or defeat,” the court states. The court also questions CU’s statement that the film “does not focus on legislative issues.… The movie references the election and Senator Clinton’s candidacy, and it takes a position on her character, qualifications, and fitness for office.” Film commentator Dick Morris has said of the film that it will “give people the flavor and an understanding of why she should not be president.” The court rules, “The movie is susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” (During arguments, Bopp says that the film is much like what a viewer would see on CBS’s evening news show 60 Minutes, and Judge Royce Lamberth laughs aloud, saying: “You can’t compare this to 60 Minutes. Did you read this transcript?” Other judges find it problematic that one of the film’s central “issues” is its assertion that Clinton is, in Bopp’s words, “a European socialist,” but still claims not to be overtly partisan.) [Mother Jones, 1/13/2008; United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Supreme Court Appeal - CU appeals the court’s decision directly to the Supreme Court. Bossie soon decides to replace Bopp with Olson, a far more prominent figure in conservative legal circles. Toobin will write: “Ted Olson had argued and won Bush v. Gore (see 9:54 p.m. December 12, 2000), and was rewarded by President Bush with an appointment as solicitor general. Olson had argued before the Supreme Court dozens of times, and he had a great deal of credibility with the justices. He knew how to win.” [Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Previous Attempt - In September 2004, Bossie and CU attempted, without success, to release a similar “documentary” supporting President Bush and attacking Democratic presidential candidate John Kerry (D-MA) on television, just weeks before the presidential election. The FEC turned down the group’s request. The FEC did allow the film to be shown in theaters (see September 8, 2004 and September 27-30, 2004).
'Ten-Year Plan' - Bopp will later reveal that the lawsuit is part of what he will call a “10-year plan” to push the boundaries of campaign finance law, and that he urged Bossie and other CU officials to use the documentary as a “test case” for overturning the body of law (see January 25, 2010).

Entity Tags: William Jefferson (“Bill”) Clinton, Kathleen Willey, Megan Carpentier, Theodore (“Ted”) Olson, New York Times, Michael Moore, John McCain, Royce Lamberth, James Bopp, Jr, Dick Morris, Gary Aldrich, Barack Obama, Bush administration (43), Hillary Clinton, Citizens United, David Bossie, Federal Election Commission, Clinton administration

Timeline Tags: Civil Liberties, 2008 Elections

The campaign of US Senate candidate Norm Coleman (R-MN) says that Minnesota’s Secretary of State, Mark Ritchie (D-MN), has displayed partisan behavior on behalf of challenger Al Franken (D-MN) by announcing that his office would consider counting some absentee ballots that were not counted during the initial vote tallies. Approximately 1,000 absentee ballots were not counted in the initial tallies, and Franken’s legal team contends that most of them were wrongly rejected by election judges. The initial election results triggered a recount (see November 6, 2008); Coleman has already implied that efforts are underway to manipulate the vote in favor of Franken (see November 10, 2008), implications previously made by the National Republican Senatorial Committee (see November 11, 2008 and November 12, 2008). Coleman’s lead campaign lawyer Fritz Knaak says that the Franken campaign is engaging in “Florida-like tactics” in the absentee ballot issue (see 9:54 p.m. December 12, 2000). For its part, the Franken campaign is accusing the Coleman campaign of resorting to “baseless charges and innuendo.” Franken’s campaign is attempting to ascertain the names of the voters whose absentee ballots were rejected, with an eye to having them reconsidered. Studies have shown that rejected ballots tend to favor Democrats, leading elections expert Larry Jacobs to observe, “With the voter who tends to pull the lever for Democrats, there’s a little less dexterity.” One voter whose absentee ballot was rejected, Mark Jeranek, says his vote was set aside because he did not sign the envelope into which he placed his ballot. Jeranek voted for Franken, and has received an affidavit from the Franken campaign, which he is considering signing. “I don’t want to be a cause for revolution, but at the same time I want my vote to count,” he says. “It’s kind of neat—at least for a senatorial race—that it really does come down to every individual vote.” [Time, 11/17/2008; Weiner, 2010, pp. xviii]

Entity Tags: Mark Jeranek, Al Franken, Fritz Knaak, Mark Ritchie, Larry Jacobs, Norm Coleman, National Republican Senatorial Committee

Timeline Tags: Civil Liberties, 2008 Elections

The recount process to determine the winner of the US Senate race in Minnesota begins. Incumbent Senator Norm Coleman (R-MN) has a narrow lead over challenger Al Franken (D-MN), who requested the recount as permitted in Minnesota law when the results of a race are so close. The state Canvassing Board met on November 18 to certify the unofficial results, thus allowing the recounts to begin at almost 100 county and city election offices throughout the state. The procedure entails an appointed recount auditor examining each ballot by hand to determine the voter’s intent, monitored by representatives from each candidate’s campaign. Auditors will sort each ballot into the appropriate stacks. According to the 2008 Recount Guide issued by Minnesota Secretary of State Mark Ritchie, “a ballot or vote must not be rejected for a technicality if it is possible to decide what the voter intended, even though the voter may have made a mistake or the ballot is damaged.” Ballots that are in dispute will be sent to the five-member Canvassing Board, which includes Ritchie, two state Supreme Court justices, and two Ramsey County district court judges, who will make final decisions as to the validity of disputed ballots. KARE-TV has reported that as many as 6,000 ballots may have been missed by the optical-scan machines because of improper markings. Ramsey County elections head Joe Mansky says that around 2 percent of ballots are mismarked in each election. If the intention of the voter is clear, he says, those votes will be counted. Law professor David Schultz says the process reminds the observer of the election debacle in Florida during the 2000 presidential election (see 9:54 p.m. December 12, 2000), and notes that Minnesota has a long tradition of not penalizing voters for failing to fill out ballots properly if their intent can be determined. [Minneapolis Star-Tribune, 11/6/2008] The Canvassing Board says it will not make a decision just yet on whether to count disputed absentee ballots. Minnesota Supreme Court Justice G. Barry Anderson, one of the five members of the board, says of the decision to table the absentee ballot issue: “I reference particularly the blizzard of paperwork that we have seen and whether or not there might be some additional time necessary to consider all of it. Is there anything about an additional period of time that will impact the rights of the parties to make election challenges or take other steps under the law?” Franken wants the absentee ballots in dispute to be counted; Franken’s lawyer David Lillehaug tells the board: “These people are real people who did everything right. They wanted to participate in our democracy. They wanted to vote and have their vote counted. Can’t we all agree that they shouldn’t have to start a lawsuit, or have somebody else start a lawsuit before their votes are counted?” Coleman’s attorney Fritz Knaak calls Lillehaug’s arguments “bothersome,” and says the board should not consider and count rejected absentee ballots. [Minnesota Public Radio, 11/18/2008]

Entity Tags: Joe Mansky, David Lillehaug, Al Franken, David Schultz, G. Barry Anderson, Mark Ritchie, Minnesota State Canvassing Board, Fritz Knaak, Norm Coleman

Timeline Tags: Civil Liberties

The New York Times calls today’s ruling in the Citizens United case (see January 21, 2010) “disastrous,” saying that “the Supreme Court has thrust politics back to the robber-baron era of the 19th century.” The Court has used the excuse of the First Amendment (see January 21, 2010) to “pave… the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding.” The Times recommends that Congress should “act immediately to limit the damage of this radical decision, which strikes at the heart of democracy.” In essence, the Times writes, lobbyists for corporate, labor, and special interests now have the power to sway elections in the directions they prefer. And the ruling gives those same interests the power to intimidate and even coerce candidates. “If a member of Congress tries to stand up to a wealthy special interest,” the Times writes, “its lobbyists can credibly threaten: We’ll spend whatever it takes to defeat you.” The Times notes that since the inception of the nation, its founders have “warned about the dangers of corporate influence. The Constitution they wrote mentions many things and assigns them rights and protections—the people, militias, the press, religions. But it does not mention corporations.” Corporate money has been banned from elections since 1907 (see 1907), and that ban has been in place, in one form or another (see June 25, 1910, 1925, 1935, 1940, June 25, 1943, June 23, 1947, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003), until today. The Times accuses the Court of “overreach[ing],” using “a case involving a narrower, technical question involving the broadcast of a movie that attacked Hillary Clinton during the 2008 campaign (see January 10-16, 2008). The Court elevated that case to a forum for striking down the entire ban on corporate spending and then rushed the process of hearing the case at breakneck speed. It gave lawyers a month to prepare briefs on an issue of enormous complexity (see June 29, 2009), and it scheduled arguments during its vacation” (see September 9, 2009). The Times says the ruling is “deeply wrong on the law,” particularly in declaring corporations as equivalent to people, with the same First Amendment rights. “It is an odd claim since companies are creations of the state that exist to make money. They are given special privileges, including different tax rates, to do just that. It was a fundamental misreading of the Constitution to say that these artificial legal constructs have the same right to spend money on politics as ordinary Americans have to speak out in support of a candidate.” And the Times derides the statement in the Court’s majority opinion that says independent corporate expenditures “do not give rise to corruption or the appearance of corruption,” citing Senator John McCain (R-AZ)‘s characterization of the Court’s reasoning as being plagued by “extreme naivete.” The Citizens United case is, the Times writes, “likely to be viewed as a shameful bookend to Bush v. Gore (see 9:54 p.m. December 12, 2000). With one 5-to-4 decision, the Court’s conservative majority stopped valid votes from being counted to ensure the election of a conservative president. Now a similar conservative majority has distorted the political system to ensure that Republican candidates will be at an enormous advantage in future elections.” The only two ways to rectify the situation, the Times concludes, are to overturn the ruling via Congressional legislation and have a future Court—with a different makeup—overturn the decision itself. [New York Times, 1/21/2010]

Entity Tags: John McCain, Hillary Clinton, US Congress, New York Times, US Supreme Court

Timeline Tags: Civil Liberties

The media reports that Virginia “Ginni” Thomas, a former Republican campaign operative and the former head of a tea party organization, has become the head of a lobbying and political consulting firm, Liberty Consulting. The firm boasts that Thomas’s “experience and connections” will assist clients with “governmental affairs efforts” and political donation strategies. Critics say Thomas is in the midst of an enormous conflict of interest, because her husband, Clarence Thomas, is a Supreme Court justice. She left the tea party group in November 2009 because of questions that her leadership of the group, Liberty Central, which actively worked to defeat Democrats, was not appropriate for the wife of a sitting Court justice. Thomas has met with almost half of the 99 Republican freshmen in the House and Senate, according to an email she sent out to congressional chiefs of staff last week in which she called herself “a self-appointed ambassador to the freshmen class and an ambassador to the tea party movement.” Ann Pearson of the government watchdog organization Common Cause says that Thomas’s position at a lobbying and consulting firm “show[s] a new level of arrogance of just not caring that the Court is being politicized and how that undermines the historic image of the Supreme Court as being above the political fray.… It raises additional questions about whether Justice Thomas can be unbiased and appear to be unbiased in cases dealing with the repeal of the health care reform law or corporate political spending when his wife is working to elect members of the tea party and also advocating for their policies.” Some Republican lawmakers are uncomfortable with Thomas’s new position, with one senior House Republican aide criticizing Thomas for attempting to “cash in” on her ties to the tea party movement. Republican House freshman David Schweikert (R-AZ), who won his election in part because of support from tea party groups and was endorsed by Liberty Central, says he has not met Thomas and knows nothing of her background. “This is the spouse of Justice Thomas?” he says when asked about the situation by a reporter. “No, I’ve never met her. It’s not something I’ve heard about. And I hang out with a lot of freshman.” So far, only one Republican freshman will publicly admit to scheduling a meeting with Thomas. Thomas used to be an aide to former House Majority Leader Dick Armey (R-TX), who until recently headed the tea party financing organization FreedomWorks (see August 14, 2009). She has also worked as a staffer at the US Chamber of Commerce, a trade organization that contributes heavily to Republican causes (see January 21-22, 2010), and at the conservative Heritage Foundation. In 2009 she founded Liberty Central, which she described as a group that would bridge the gap between the conservative Republican establishment and the anti-government tea party movement. She eventually stepped down after questions were raised about her position’s impact on her husband’s appearance of impartiality, and the group was merged into another tea party organization (see November 2009 - November 2010). She filed incorporation papers for Liberty Consulting within a day of news reports about her departure from Liberty Central. She has told conservative news source Daily Caller that she intends to continue working for the group that bought Liberty Central, the Patrick Henry Center for Individual Liberty, and will “help them in any way I can think of, whether it’s lobbying on the Hill or connecting with the grass roots, or helping speak or write or fundraise.” However, lobbying records show no registration for Thomas, Liberty Consulting, Liberty Central, or the Patrick Henry Center. Liberty Central general counsel Sarah Field refuses to answer questions about whether Thomas is being paid through Liberty Consulting as a consultant. A source familiar with the Thomases and with Capitol Hill Republicans says her sojourn from Liberty Central to Liberty Consulting has damaged her reputation among some conservatives. “Ginni’s reputation around town is now even more of a fake entitled woman who is only here because of her husband,” the source tells a reporter. “Now she has opened her own lobbying shop… not sure how [the] conservative circle will feel when they find that out, or if they’ll care or not.” [Politico, 2/4/2011]
Previous Conflicts of Interest - Virginia Thomas has weathered criticisms of conflict of interest before. In late 2000, as a Heritage Foundation staffer, she was helping select key members for the Bush administration even as her husband was engaged in deliberating the Bush v. Gore Court decision that installed George W. Bush as president (see 9:54 p.m. December 12, 2000). At the time she waved off criticisms, saying that she and her husband conducted “separate professional lives.” [Los Angeles Times, 3/14/2010]
'Cloud of Corruption' Surrounding Justice Thomas? - Legal analyst Ian Millhiser of the liberal news Web site Think Progress is far more blunt in his assessment than some more cautious critics, writing: “Now, Ginni Thomas appears to have found a way to earn money off her husband’s actions as a justice. Clarence Thomas released countless amounts of corporate spending on US elections [by voting with the majority in Citizens United], and Ginni Thomas can get rich advising those corporate clients on how to direct that spending. To be sure, it is possible that Ginni is somehow limiting her advice to ‘political investments’ that were legal before Clarence gave businesses like hers so many new potential customers. But if this is the case, Ginni has an obligation to explain just how she is limiting her advice—it’s the only way to remove the obvious cloud of corruption her actions have created around her husband.” [Think Progress, 2/4/2011]

Entity Tags: Heritage Foundation, David Schweikert, Clarence Thomas, Ann Pearson, Dick Armey, George W. Bush, Sarah E. Field, FreedomWorks, Patrick Henry Center for Individual Liberty, Virginia (“Ginni”) Thomas, Liberty Consulting, Ian Millhiser, Liberty Central, US Chamber of Commerce

Timeline Tags: Civil Liberties

Rolling Stone reporter Ari Berman writes that Republican lawmakers across the nation have launched “an unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that helped elect Barack Obama in 2008. Just as Dixiecrats once used poll taxes and literacy tests to bar black Southerners from voting, a new crop of GOP governors and state legislators has passed a series of seemingly disconnected measures that could prevent millions of students, minorities, immigrants, ex-convicts and the elderly from casting ballots.” The initiative is ostensibly to counter the “epidemic” of “voter fraud” that Republicans insist is not only plaguing the nation, but affecting the outcome of elections. (In 2007, the Brennan Center released a report that found the instance of voter fraud vanishingly small, and concluded that more people die by lightning strikes than commit voter fraud—see 2007). Judith Browne-Dianis of the Advancement Project tells Berman, “What has happened this year is the most significant setback to voting rights in this country in a century.” As far back as 1980, powerful Republican operative Paul Weyrich told evangelical leaders: “I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” In 2010, the American Legislative Exchange Council (ALEC), a group founded by Weyrich and funded in part by the billionaire Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011), began working to disenfranchise hundreds of thousands, perhaps millions, of legitimate voters, almost of all identified as being part of ethnic or gender groups that are more likely to vote Democratic. Thirty-eight states have submitted legislation designed to impede voting “at almost every step of the electoral process.”
Requiring Proof of Citizenship - Kansas and Alabama now require would-be voters to show proof of US citizenship before being allowed to vote.
Impeding Voter Registration - Florida and Texas have passed legislation making it more difficult for groups like the League of Women Voters, an organization widely considered to lean Democratic, to register new voters. Maine repealed same-day registration, which had been in effect since 1973 and had worked to significantly increase voter participation. The Florida legislature passed a law requiring groups to hand in voter registration forms within 48 hours of collection, and imposed what Berman calls “a barrage of onerous, bureaucratic requirements” and serious criminal penalties for those who fail to comply. As a result, many people who once volunteered to help register voters are afraid to do so again. The League of Women Voters says it will no longer operate in Florida, and called Florida’s efforts “good old-fashioned voter suppression.” The Florida statute took effect one day after its passage, under an emergency statute designed for “an immediate danger to the public health, safety or welfare.” Since 2009, Florida has arrested a total of three people for suspected voter fraud. Republican state senator Mike Fasano, one of the few in his party to oppose the restrictions on registrations, says, “No one could give me an example of all this fraud they speak about.”
Curbing Early Voting - Florida, Georgia, Ohio, Tennessee, and West Virginia have cut short early-voting periods. Six states have moved to impose new restrictions on voter registration drives. In 2004, then-Florida governor Jeb Bush (R-FL) said he thought early voting was “great.… It’s another reform we added that has helped provide access to the polls and provide a convenience. And we’re going to have a high voter turnout here, and I think that’s wonderful.” However, his successor Rick Scott (R-FL) does not agree, and neither do most Republicans. After analysis showed what a benefit early voting was for Obama’s numbers, early voting became a key target. Florida has cut early voting days from 14 to 8 days. Ohio, where early voting numbers gave Obama a narrow victory in 2008, has cut its early voting days from 35 to 11, with only limited hours on weekends. Both states have banned voting on the Sunday before elections, when many black churches historically mobilize their constituents. The Early Voting Information Center at Reed College states, “There is no evidence that any form of convenience voting has led to higher levels of fraud.”
Denying Convicted Felons the Right to Vote - Florida and Iowa have passed laws denying convicted felons the right to vote, disenfranchising thousands of previously eligible voters even if they have already served their sentences and have returned to society. Former Florida Governor Charlie Crist (R-FL) restored the voting rights of 154,000 felons convicted of non-violent crimes. In March 2011, after 30 minutes of public debate, Governor Scott overturned that decision, instantly disenfranchising almost 98,000 citizens and prohibiting another 1.1 million convicts from being allowed to vote after they are released from prison. Former President Bill Clinton asked in July: “Why should we disenfranchise people forever once they’ve paid their price? Because most of them in Florida were African-Americans and Hispanics and would tend to vote for Democrats—that’s why.” Iowa Governor Terry Branstad (R-IA) recently took a similar action, overturning his predecessor’s decision to restore voting rights to some 100,000 ex-felons. Until recent years, Iowa saw up to five percent of its residents ineligible to vote, including 33 percent of its African-American residents. Florida, Iowa, Kentucky, and Virginia require former felons to apply for the right to vote to be restored.
Voter Identification - Six states—Alabama, Kansas, South Carolina, Tennessee, Texas, and Wisconsin, all controlled by Republican governors and legislatures—have passed laws requiring an official government ID to cast a ballot. Berman notes that some 10 percent of US citizens lack such identification, and the number of young and black voters, groups that traditionally lean Democratic, are much higher. The turn towards voter ID requirements began in 2008, when the US Supreme Court upheld an Indiana photo-ID requirement even though state lawyers could not produce a single instance of the kind of voter fraud that photo ID laws are designed to prevent. After the ruling, ALEC orchestrated a nationwide move towards photo ID requirements. ALEC wrote draft legislation for Republican legislators based on Indiana’s ID requirement. Five of the states that passed those laws had their legislation submitted by legislators who belong to ALEC. Heather Smith, president of the voter-registration group Rock the Vote, says: “We’re seeing the same legislation being proposed state by state by state. And they’re not being shy in any of these places about clearly and blatantly targeting specific demographic groups, including students.” In Texas, the Republican-dominated legislature passed “emergency” legislation that was signed into law by Governor Rick Perry saying that a concealed-weapons permit is acceptable ID, but a college ID is not. Republicans in Wisconsin effectively disenfranchised every college student by requiring that acceptable IDs contain information that no colleges put on their IDs. Dane County board supervisor Analiese Eicher says, “It’s like creating a second class of citizens in terms of who gets to vote.” In Wisconsin, for example, about half of African- and Hispanic-American citizens do not have a driver’s license, and the state has an extremely small number of Department of Motor Vehicles (DMV) offices—some of which are only open one day a month. Governor Scott Walker (R-WI) attempted to close 16 DMV offices, all in heavily Democratic-voting areas. Berman notes, “Walker planned to close a DMV in Fort Atkinson, a liberal stronghold, while opening a new office 30 minutes away in the conservative district of Watertown.” Democratic governors in five states—Minnesota, Missouri, Montana, New Hampshire, and North Carolina—have all vetoed ID laws. Voters in Mississippi and Montana are considering ballot initiatives requiring voter IDs. Legislation is currently pending in Pennsylvania. Perhaps the most restrictive law was signed into effect by South Carolina Governor Nikki Haley (R-SC). Voters must have a free state ID to vote—but they must pay for a passport or birth certificate. Brown-Dianis says, “It’s the stepsister of the poll tax.” Many elderly black residents who were born at home in the segregated South and were never issued birth certificates can no longer vote unless they go to family court to prove their identity.
Significant Impact on 2012 Voting - Berman writes that when these measures are taken in the aggregate, the turnout of Democrats to the 2012 votes will be significantly smaller, perhaps enough to throw races to Republican candidates. In July, Clinton told a group of student activists: “One of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. Why is all of this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.” Clinton was referring to the 2010 elections, widely considered a Republican “wave” election in part because of far smaller turnouts among young and minority voters than in 2008, and because of a large number of “tea party” voters. Clinton added, “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.”
Cracking Down on Voter Fraud? - Republicans insist that voter fraud is rampant in America. Since George W. Bush took office in 2001 after losing the popular vote (see 9:54 p.m. December 12, 2000), his administration made “voter fraud” a top priority for Justice Department prosecutors. In 2006, the DOJ fired two US Attorneys who refused to prosecute patently fraudulent voter fraud allegations. Bush advisor Karl Rove called voter fraud “an enormous and growing problem.” He told the Republican National Lawyers Association that America is “beginning to look like we have elections like those run in countries where the guys in charge are colonels in mirrored sunglasses.” The Republicans successfully destroyed the community activism group ACORN (Association of Community Organizations for Reform Now) after false allegations were made that it was, as Berman writes, “actively recruiting armies of fake voters to misrepresent themselves at the polls and cast illegal ballots for the Democrats.” A massive DOJ probe in 2006 and 2007 failed to prosecute a single person for intentionally impersonating another person at the polls, an action that the DOJ claimed was at the heart of the voter fraud investigation. Eighty-six cases of voter fraud did win convictions, but most of those were immigrants and former felons who did not intentionally cast illegal votes. An enormous investigation in Wisconsin resulted in 0.0007 percent of the electorate being prosecuted for voter fraud. And the Brennan Center report found the instance of voter fraud in America extraordinarily small (see 2007).
Voter Fraud Allegations Dog Obama Victory - Republican lawmakers and activists made a raft of allegations after the November 2008 elections that placed the White House in the hands of Barack Obama (D-IL). The 29 states that register voter affiliation showed a roughly 2-1 increase in new Democratic voters over Republicans for 2008, and Obama won almost 70 percent of those votes. Election reform expert Tova Wang says flatly, “This latest flood of attacks on voting rights is a direct shot at the communities that came out in historic numbers for the first time in 2008 and put Obama over the top.” Berman cites Kansas Secretary of State Kris Kobach as emblematic of the Republican pushback against the Obama victory. Kobach is a former Bush-era Justice Department advisor who helped push through his state’s requirement that every voter prove his or her citizenship, ignoring the fact that Kansas has prosecuted exactly one case of voter fraud since 2006. Kobach used fear of illegal immigrants to help push his requirement through, stating without evidence, “In Kansas, the illegal registration of alien voters has become pervasive.” He also stated that many people were casting ballots in the name of dead voters, and cited the example of Alfred K. Brewer as a dead voter who mysteriously voted in 2008. However, as the Wichita Eagle showed, Brewer is very much alive. “I don’t think this is heaven,” Brewer told the Eagle, “[n]ot when I’m raking leaves.” Representative John Lewis (D-AL), a civil rights crusader who was brutally beaten during the 1960s effort to win voting rights for African-Americans, says bluntly, “Voting rights are under attack in America.” On the House floor in July, Lewis told the assemblage, “There’s a deliberate and systematic attempt to prevent millions of elderly voters, young voters, students, minority and low-income voters from exercising their constitutional right to engage in the democratic process.”
Fighting Voter Disenfranchisement - Voting-rights organizations are fighting back as best they can. The American Civil Liberties Union (ACLU) is challenging several of the new voter-restriction laws in court. Congressional Democrats are pushing the Department of Justice to block or weaken laws that impede minority voters from exercising their rights. Lewis says, “The Justice Department should be much more aggressive in areas covered by the Voting Rights Act.” Meanwhile, many voting-rights experts predict chaos at the polls in November 2012, as voters react with confusion, frustration, and anger at being barred from voting. “Our democracy is supposed to be a government by, of, and for the people,” says Browne-Dianis. “It doesn’t matter how much money you have, what race you are, or where you live in the country—we all get to have the same amount of power by going into the voting booth on Election Day. But those who passed these laws believe that only some people should participate. The restrictions undermine democracy by cutting off the voices of the people.” [Rolling Stone, 8/30/2011]

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