-Caveat Lector-

http://www.nytimes.com/2000/11/27/opinion/27MON1.html

EDITORIAL
November 27, 2000


Certified but Incomplete

By hailing the certification of Florida's ballots as the last
word on the presidential election and naming a transition
director and chief of staff, Gov. George W. Bush reached boldly
for the mantle of president-elect. Unfortunately, he is also
trying to leapfrog the nation past the important pending legal
challenges to that state's incompletely counted vote. In light of
the events since Nov. 7, the last word ought to be delivered by
the courts that will hear Vice President Al Gore's contests of
the results and, more important, by a United States Supreme Court
that is hearing arguments about the election at Mr. Bush's
request.

Both the Florida courts and the United States Supreme Court can
finish their work in a little over a week. They can give
Americans of both parties a higher level of confidence in the
ballot count. That, in turn, would allow either Mr. Bush or Mr.
Gore to take office on a sounder basis. Both candidates should be
looking to the broader issue of legitimacy instead of grasping
for short-term advantage.

It was, of course, no surprise that Florida's secretary of state,
Katherine Harris, an eager partisan who worked for the Bush
campaign, would quickly certify a result that showed Mr. Bush in
the lead. But it was disappointing to see the Texas Governor
embrace that disputed certification and call upon Mr. Gore to
drop his plan to contest the Florida results. The courts need to
look at this count and tell the nation whether it represents the
official end point of the election. Once the courts have spoken,
the time for argument will be over.

We do not think Mr. Gore has a license to litigate into the
sunset. The public mood and that of Democrats in Congress dictate
that the legal challenges already announced or under way probably
represent the limit of the available challenges. Indeed, Mr. Gore
may face a struggle to persuade the public and the Democrats in
Congress to be patient for a few more days.

But it is clear on the known statistics that the 537-vote margin
for Mr. Bush excludes Gore votes already known to exist in Palm
Beach and Miami- Dade Counties. In a speech today, Mr. Gore can
be expected to push his argument that there are thousands of
additional ballots that have never been fairly counted for the
first time. If Ms. Harris and the other members of the Florida
Election Canvassing Commission are allowed to close the books
without such questions being resolved, a needless shadow will
hover over the Florida totals.

The Supreme Court's entry into the case essentially gives
everyone involved a chance to step back from the noisy and
sometimes alarming confrontations of recent weeks. In the
interim, the Florida courts have ample reason to order the
completion of the counts in Palm Beach and Miami-Dade Counties
and to review the standards by which the canvassing boards judged
dimpled ballots. Since Florida's electors need not be selected
until Dec. 12, there is time for these contests of the election
to be completed in a fair fashion.

This is clearly not the time for Florida's restive,
Republican-led Legislature to meddle with the election. The
surest way to erode public trust is for the Florida Legislature
and Florida's Republican governor, Jeb Bush, to try to override
the decisions of the Florida courts.

The United States Supreme Court can do its part to conclude this
national drama on an authoritative note by allowing television
coverage of the arguments before the court on Friday. The
justices have a longstanding aversion to television, but they
should make an exception for this case because of the need to
clear up the disputed count certified in Florida last night.


k=================================================================
             Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT

  FROM THE DESK OF:
                     *Michael Spitzer*  <[EMAIL PROTECTED]>
                      ~~~~~~~~~~~~~~~
  The Best Way To Destroy Enemies Is To Change Them To Friends
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