it gets worse

David M Wagner daviwag at REGENT.EDU
Tue Nov 14 16:12:01 PST 2000


The answer is that it will NOT be possible for Bush to defeat that
> perception.  He will be a thoroughly illegitimate president and will be
> roundly defeated at the end of his term (or so I would bet with some
> confidence).
>
> And, incidentally, I cannot imagine how we could test the "sincerity" of
> the Secretary's reason, since she is no more a disinterested party than is
> Jeb Bush, who had the integrity to recuse himself (perhaps,
> though, knowing
> that he had a party hack ready to do Big Brother's bidding with regard to
> the electoral machinery).
>
> sandy levinson
>

Hasn't the recount in Palm Beach been in the hands of the
Democrat-affiliated members of the Palm Beach Canvassing Board?  If Jeb Bush
HAD to recuse himself, it could only have been because of the family
relationship, not the mere fact of his being a Republican. I'm sure Prof.
Levinson's recusal standard is NOT "Republicans should recuse themselves,
Democrats needn't" -- but then, what is it?

Seems to me, the FL Sec'y of State's obligation to be non-arbitrary in her
decisions regarding late-arriving tallies can be met simply by (1)
articulating her standards for accepting or rejecting them, AND (2) applying
those standards evenhandedly to Palm Beach and, say, Duval.

David M. Wagner,
Regent University School of Law



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