-Caveat Lector-
[And now for some more HIGHLY sophisticated disinfo... -MS]
12/07/00 2:00 p.m.
God Save This Honorable Court
Yet another hearing.
By Mark R. Levin
President of Landmark Legal Foundation
National Review
Well, the Florida supreme court held another hearing today, this
time to figure out how to reverse Judge Sanders Sauls and order
him to order the county canvassing boards to conduct another
recount.
Al Gore's lawyer, David Boies, insisted today that Judge Sauls
failed to examine the thousands of ballots brought to his
courthouse by Ryder truck. The insightful justices never did ask
Boies what, exactly, Judge Sauls was supposed to see on those
ballots, what he was to make of them, or why any of this
mattered.
A couple of the justices struggled with the injustice of their
own burdensome November 26th (or was it November 27th?) deadline,
which, after all, was extended for the purpose of enabling Gore's
favorite Democratic counties to complete their recounts. But
neither Miami-Dade nor Palm Beach Counties could make the
deadline. That's not fair, is it? There must be a way, some way,
to count these dimpled and hanging chads.
Then another justice got to thinking: "Gee, even if we defy our
own deadline and find a way to order the recounts, we're running
out of time." Yes, your multiple honors, at some point this
litigation hell must come to an end. And it's difficult to see
how recounts � and subsequent contest and protest periods � can
be completed when final electors must be selected by December
12th, and they must cast their votes for president by December
18th.
But here's the little secret no one has whispered into the 14
ears on the Florida supreme court: On November 26th, upon
receiving the certified election results from Florida Secretary
of State Katherine Harris, Florida Gov. Jeb Bush, carrying out
the will of the state legislature, signed a "certification of
ascertainment" appointing George W. Bush's slate of electors to
the Electoral College. On November 27th, he forwarded the slate
to the Archivist of the United States. In fact, the certified
document appears on the National Archives' website (look under
Florida). The election is over. Rosie O'Donnell has sung. Case
closed.
Well, you might ask, can the Florida supreme court order Jeb Bush
to certify a second slate of electors � Gore electors? Not
according to an
1870s Florida supreme court decision, State of Florida v. Drew.
Since Jeb Bush didn't wait for a contest period before certifying
the slate of electors, doesn't that violate state law? No,
because state law allows contest and protest periods in elections
for public office. Electors are not running for public office.
If two slates of electors somehow wind up with Congress, what
then? On the four occasions in American history when states sent
two slates of electors to Congress, the slate certified by the
governor always prevailed. Indeed, federal law requires it.
If you're wondering, therefore, why the Florida supreme court
held a hearing today, given that there's no case or controversy,
I must confess � so am I. Oh well. As they say: "God save this
honorable court."
=================================================================
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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