The Fictional Mob

[James Maule]

Every news report I have seen, from every source (including the board and the attorneys) asserts that the uproar began when the board decided to move its operations to a room not open to the public and at the same time to recount only some, not all, of the votes. The crowd protested these two decisions (understandably). The board reversed the first very quickly, and I don't fault it for trying to find a more comfortable place to work without thinking of public access. As for the second, the board then realized that it could not take that course of action. It thereafter made its decision, and the board says it was not intimidated into its eventual decision (one board member or an official connected with the board made a comment to the effect that as public officials they've dealt with far worse at zoning board meetings). At no time was the unruly crowd in contact with the board members.



Jim Maule
Professor of Law
Villanova University School of Law
Villanova PA 19085
maule at law.villanova.edu
http://vls.law.vill.edu/prof/maule


>>> lesl at UDEL.EDU 11/28/00 08:57AM >>>
I was in Florida at the time and saw local news broadcasts and it was obvious to
my (admittedly pro-Gore biased) eyes that the crowd was behaving in an
intimidating fashion--shaking fists and shoving against a door that officials
were trying to shut (it did not help the image that several of them happened to
be wearing black shirts).  The Palm Beach Post the next morning (if memory
serves , and mine ain't perfect) had stories of at least three campaign workers
having been pushed , shoved, and/or kicked..  It is true that the three Board
members said they made the decision out of a desire not to do a count that would
be perceived as unfair (given the available logistics which required moving to a
room that could be viewed only thru a small window) rather than out of any
physical fear, but (in my judgment) this does not mean they FELT no fear.
respectfully,
Leslie Goldstein

"Clanton, Brad" wrote:

> Leslie Goldstein wrote:
>
> "Is anyone besides me upset at the hooligan-like tactics used in Miami to
> scare the board out of doing a manual recount of just the undercounted
> ballots?  Nothing in this whole contest has upset me as much as this
> apparent capitulation to mob rule."
>
> Andrew Koppelman wrote:
>
> "the Miami vote count was improperly halted as a result of
> Republican-party-orchestrated mob
> intimidation, and so should be continued."
>
> Putting aside the use of terms like "hooligan," "mob," and so forth in these
> posts, I must say that I am quite surprised that allegations as phony as
> these -- allegations that have been repudiated by the Miami board itself --
> are being repeated on this list serve.  According to press reports, what
> happened last Wednesday was that the Democrat canvassing board in Miami
> decided to take a number of ballots and move from one floor in the building
> where the recount was being conducted  -- the floor where the media and
> Republican observers were -- to another floor where observers were not
> allowed.  That is what sparked the protest, and that is all it was, a
> protest.  There was no violence or intimidation, and that is why NO ONE made
> those allegations for THREE DAYS.  Indeed, to the extent that anyone was
> criticized for that scene, it was the canvassing board that tried to prevent
> its counting from being observed.  Indeed, the board immediately returned to
> the room where the media and observers were located.
>
> Three days later Al Gore's campaign decided to spin that situation as one
> involving "violence" and "intimidation" and so forth, and dispatched Joe
> Lieberman to make those allegations.  All members of the Miami canvassing
> board promptly repudiated the allegations  and made clear that the protest
> had nothing whatsoever to do with their decision not to keep counting.
> Despite that fact, the Gore campaign has continued to repeat the baseless
> allegations.  But just repeating false allegations does not make them so.
>
> Brad Clanton
> Counsel
> House Judiciary Committee
> Constitution Subcommittee
> 362 Ford House Office Building
> Washington, D.C. 20515
> 202.226.7685 (phone)
> 202.225.3746 (fax)
>
> Brad Clanton
> Counsel
> House Judiciary Committee
> Constitution Subcommittee
> 362 Ford House Office Building
> Washington, D.C. 20515
> 202.226.7685 (phone)
> 202.225.3746 (fax)