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One Scene I Wish Had Been in HBO's "Recount"
May 23, 2008 1:28 PM
As we blogged about yesterday, I quite enjoyed HBO's "Recount" movie, imperfect as it may be. (I was one of several journalists who covered the recount who consulted on the film.)
It's a movie, not a documentary, so obviously decisions were made that ultimately meant that, as Kevin Spacey said on MSNBC the other day, "the movie is done from the Democratic point of view, because I play Ron Klain who's Al Gore's former chief of staff, but then again they were the underdogs and, dramatically, that makes more sense."
That said, many Republicans involved in the process have thought the overall treatment was fair to both sides and it's dramatically a good yarn.
**
Spacey, one of the greatest actors of his generation, got it completely wrong, however, when he told Keith Olbermann on MSNBC that "it does seem that on the one hand the Bush people were trying to stop votes from being counted and the Gore people were just trying to get votes counted."
Ugh. No, no, no. That's not accurate.
The Gore people were just trying to get GORE votes counted.
And though HBO makes that clear intellectually, the emotional push of the film can distract from that.
Reviewing my book about the Florida shenanigans, there's one scene that I wish had been in there, one that would have gotten across just how much the Gore team was NOT trying to count every vote.
**
Throughout the campaign, Gore lieutenants referred to the circle of higher-ups as "The Matrix," a reference to the 1999 sci-fi thriller about an evil artificial intelligence computer power that runs the world autocratically.
This was not a compliment.
And when it came time to contest the election, the decision by the Matrix -- in this case, Gore, Klain, Sen. Joe Lieberman, Bill Daley, Warren Christopher, Michael Whouley, Carter Eskew and Bob Shrum -- to not even remotely attempt to attempt a statewide hand recount severely disappointed the Gore lieutenants. It made many of them feel like frauds.
Indeed, the Gore strategy mystified Bush staffers. One of the Bush attorneys, Michael Carvin, wondered how the Gore legal team thought it could secure the presidency based on just some of the 175,000 unread ballots being looked at, from four Democratic counties. It was a strategy so brazen, he was convinced that there had to be more there.
There wasn't. Gore, at that point, was mired in a pool of self-righteous indignation and hopelessness, and so were his staff members. And it caused some bizarre, not to mention disingenuous, behavior.
The Gore team argued in court that there were unread ballots in Palm Beach and Miami-Dade counties -- while ignoring the same phenomenon in Republican-leaning counties all over the state. Why couldn't they have asked a judge to examine all of them? There is no answer to this. Practicality is not an argument; all of this was unprecedented, and the Gore team could have certainly asked for a statewide recount during the contest period. What they were asking for -- the inclusion of just enough selected votes from selected counties for Gore to win -- is certainly no more reasonable.
As I wrote in Salon.com in April 2001, the Florida Supreme Court decision to count the undervotes but not the overvotes in that state was completely nonsensical.
Un-counted votes are un-counted votes. Whether they're undervotes or overvotes. Whether they're for Bush, Gore, Nader, or Buchanan.
**
Of the four Democratic leaning counties that the Gore team cherry-picked for recounts in the state -- Palm Beach, Broward, Miami-Dade, and Volusia -- only Volusia was a clean success. It was the only one of the four selected counties to complete its hand recount by Nov. 14, the mandated certification date and the only one to have one clean, clear standard in its counting throughout the process.
Volusia County's canvassing board was run by a retiring, no-nonsense Republican judge, Michael McDermott, who thought that the Republican lawyers sent to the scene were clearly there to stand in the way of the unread votes being counted. So he prevented them from their clear stalling tactic.
Gore lawyer Jack Young, a recount expert, ran the show there for the Democrats, and after the county had completed its reexamination of the Opti-scan ballots (think SAT-style oval fill-ins), Gore had picked up 98 net votes.
That was from both the undervotes and the overvotes. So after the Volusia County canvassing board completed its task, Young called Gore headquarters in Tallahassee, with some suggestions for more recounts.
Here's the scene I would have added.
FADE IN: VOLUSIA COUNTY GOVERNMENT BUILDING, DAY
In a blindingly bright county building, Gore recount lawyer JACK YOUNG, who has been advocating for a statewide recount from the beginning, calls HQ in Tallahassee on a cell phone. Behind him county workers are packing up, shaking hands, finishing up the orderly process.
JACK YOUNG: So we finished up here. Counted 'em all. Gore picked up 98 votes.
GORE LAWYER IN TALLAHASSEE: Awesome. (Yelling to colleagues:) That's 98 for Gore in Volusia!
YOUNG: So listen, I should go to Lake County. There are thousands of undervotes and overvotes there. Then I can hop to Duval County. They got 29,000 undervotes and overvotes combined there. No need to sue anyone or file a formal "protest" or anything like that, I'll just tell them what we did in Volusia and the county canvassing boards will see the logic.
LAWYER: What in heaven's name are you talking about?
YOUNG: You guys keep forgetting, I'm a recount expert; I do this for a living. This is my job.
LAWYER: Waitasec. Lake and Duval….Aren't those Bush counties?
YOUNG: Yes, but as I keep telling you politicos, that's not the point.
LAWYER: Can you guarantee that Gore will pick up votes there?
YOUNG: No, of course not. But we're behind. We need to increase the number of possible votes in the pool. This is Recount 101, guys.
LAWYER: Go to Broward County. That's one of our counties. Supervise the rest of that process.
YOUNG: But, but…
LAWYER: Talk to you later, Jack.
The Lawyer HANGS UP the phone. Meanwhile in Volusia County, Young THROWS HIS CELL PHONE onto the ground, breaking it into a million pieces.
And…SCENE.
- jpt
May 23, 2008 | Permalink | Share | User Comments (33)
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Excellent article.
I find the underdog theory of why Hollywood favored the democrats in this movie hillarious.
They favored them because they're liberals, everyone knows it. They harm their crediblity by lying about the obvious.
Posted by: kirk | May 27, 2008 6:06:29 PM
Sorry Smith but you're repeating several false myths here that need to be corrected.
First, it was the GOP and there acolytes in the media that brought military ballots into it. Legal counsels for both campaigns issued what were virtually identical memos regarding the criteria for absentee ballots. The memo from the Gore campaign was leaked to the press and the GOP spun it to make it seem that Gore was targeting military ballots.
Second, you make the false assumption that military ballots would automatically favor Bush. Military ballots tend to skew the same way a district does. If a district in overwhelmingly Republican the military ballots will skew that way. The same is true if a district is overwhelmingly Democratic. That is why in the end far more miltary ballots were challenged by Republicans in Democratic districts than the other way around.
Third, you involk the false myth that there were no recounts or challenges in 1960. On Nov. 11, three days after the election, Thruston B. Morton, a Kentucky senator and the Republican Party's national chairman, launched bids for recounts or investigations in not just Illinois and Texas but also Delaware, Michigan, Minnesota, Missouri, New Jersey, New Mexico, Nevada, Pennsylvania and South Carolina. A few days later, Robert H. Finch and Leonard W. Hall, two Nixon intimates, sent agents to conduct what they called "field checks" in eight of those 11 battlegrounds. In New Jersey, local Republicans obtained court orders for recounts; Texans brought suit in federal court. Illinois witnessed the most vigorous crusade. Nixon aide Peter Flanigan encouraged the creation of a Chicago-area Nixon Recount Committee. As late as Nov. 23, Republican National Committee general counsel H. Meade Alcorn Jr. was still predicting Nixon would take Illinois." Recounts continued into December, but did not succeed in overturning the result of the election.
Finally, you say that it was deterimental to the country that this fiasco occured. What is determental about finding out the true winner of an election in a democracy?
Posted by: James | May 24, 2008 10:04:04 AM
We were a military family who lived in Alaska after my husband's retirement. Every year at election time we would get a ballot mailed to us with info on the Republician candidates from Florida. We had never lived in Florida or even visited Florida. The Republican Party was doing this to all overseas military families. Even when I sent back the package explaining the mistake we would receive another at the next election. The people at our base could not explain it. I thought about this when they were talking of counting the military votes in Florida which were 80% Republician in the 2000 election.
Posted by: Marty | May 23, 2008 7:50:21 PM
Hi James
re Read some old stuff and have to disagree with you...But...I will certanily agree that the republicans did not take any differnt position on "absentee" ballots than the democrats did on military ballots (also absentee ballots)
The democrats were the first to name military ballots in a memo. I suspect the republicans wanted military absentee ballots counted as much as democrats wanted all other absentee ballots, and both parties were not particulary happy about the other guys ballots being counted
Bigger point though, it has been detrimental to the country that this fiasco occured and much of the harm could have been avoided if there was no challange, hence the kind words about Nixon
Posted by: Smith | May 23, 2008 7:45:16 PM
What a great state Florida is,they screwed up the vote in 2000, again in 2004 and here we are again in 2008. Maybe voting is really too complicated for them. Hopefully they be able to get it right for Hillary's runs in 2012, 2016, 2020, 2024, 2028, 2032, 2036, 2040, 2044, 4048, 2052, 2056, 2060, 2064, 2068, 2072, 2076, 2080, 2084, 2088, 2092, 2096, 3000
Posted by: Bob | May 23, 2008 6:32:46 PM
"The ACTUAL recount, done by the combined media after the election ended, clearly showed that Bush WON the state of Florida. It wasn't the COURT that decided - it was the PEOPLE, as it should be."
The Media Consortium hired the National Opinion Research Center to examine 175,010 ballots that were never counted in Florida. The investigation took 8 months and cost $900,000. No matter what standard for judging ballots is applied, Gore wins.
Posted by: James | May 23, 2008 6:21:21 PM
"My mind closed and I started sending money to the republican effort the moment the democrats challanged absentee military ballots."
Response to Smith: Gore never challenged military ballots. Both campaigns issued memos from their legal advisers on the requirements for accepting absentee ballots. The memo from Gore's campaign was leaked to the press and the GOP spun it to make sound like the Gore was trying to supress military ballots even thought they were never specifically mentioned in the memo.
In the end it wound up that far more military ballots were throw out in heavily Democratic districts due to Republican objections than the other way around.
Posted by: James | May 23, 2008 6:05:01 PM
You omit two very important facts. First, there was no provision in Florida state law to request a statewide recount. Recounts had to be requested at the county level and the candidate had to show cause why that specific counties vote tally could be in error. There was no way with Bush team opposing them every step of the way could Gore request a recount in all 67 Florida counties due to the limited time frame.
Which brings us to the second fact that you didn't mention. On November 13th Gore offered Bush a statewide recount and Bush turned the offer down.
Posted by: James | May 23, 2008 5:55:51 PM
When you say no no no, the Gore campaign was just trying to get the Gore votes counted, try to remember that it was the Gore votes that had been stifled. If it had been calculated by the GOP that a further count would have made Bush's victory clear don't you know that Rove, Baker, Cheney, and W would have been happy to keep the process going?
Posted by: Jeff Tuttle | May 23, 2008 5:00:53 PM
Thanks to all who answered my question about over and under votes you all are swell people. My comment about cheaters, look at Hillary, all she wants to do is change the rules so she could win,and if shoe don't win could u imagine what power she has to get her way? She is a condivng witch, and a looser. She needs to give up and go home. NOT TO NY EITHER
Posted by: cheryllynn | May 23, 2008 4:08:18 PM
I am new at this so try to understand where i come from, I live in NY where the hill won . I didn't vote for her because she made a promise to bring jobs to the area where i live and as usual she failed like the rest of them empty.politicians. All she is thinking about is the working class voters, what about all voters, the lower and disabled, and the blacks. Don't our votes count as well, oopps am i bad, i keep forgetting we're not good enough for the high class witch, I just can't stand it when everyone can't be accepted when it comes to voting. If all votes were really counted, the REAL WINNER (S) would be in office. It was explained to me the only certain votes count.The under and over votes. What in the world is that. I never heard of such a thing, would someone please ezplain the differince to me, thanks.
Posted by: cheryllynn | May 23, 2008 3:56:56 PM
Dan, understand your point, and you are right
My mind closed and I started sending money to the republican effort the moment the democrats challanged absentee military ballots.
What keeps nagging me is a quote I assimilated from George Bush when talking with Al Gore as Gore mounted the challange. I remember Bush: "oh you really don't want to do that".
Bush has never been particulary articulate but the depth of those few words haunt me. What would Bush have done in a reverse situation?
Go back to Texas I imagine.
Posted by: Smith | May 23, 2008 3:35:17 PM
In fairness to the Gore strategy people they may have made a tactical decision that asking for a state-wide recount was too ambitious an undertaking given the time constraints imposed on (or, depending how you look at it) or by a hostile Catherine Harris.
Ultimately, however, the selective nature of the hand count sought by Gore and imposed by the Florida Supreme Court was the excuse the Republican majority US Supreme Court needed to nix the recount effort.
That and the silly argument that America needed to know who the President was before the inauguration .
BTW, I have not seen the movie, but I think the most interesting epilogue is the ignominy earned by Harris for all of her ambitious, pro-Bush machinations, which was pretty much brought about by serial, scathing, Saturday Night Live portrayals of the Bush-Harris relationship. And wasn’t there even a satirical, short lived TV series spin-off about the Bush presidency?
Posted by: Stephen Gianelli | May 23, 2008 3:27:21 PM
GB's post that "The one study of all over and undervotes in the 2000 Florida election has revealed Gore would have won under all counting scenarios" is FALSE! The actual results revealed that almost no matter how the counting was manipulated to help Gore, Bush won! The only way that Gore could have won was so convoluted (count this, don't count that, etc), it was not real world. It is sad that the hate of those who lost power in 2000 has so poisoned the political atmosphere.
Posted by: DH | May 23, 2008 3:07:54 PM
Smith, what you don't understand is that there were no procedures for doing a manual recount looking at hanging or dimpled chads or whatever. Each canvassing board would use whatever specifications they wanted when they did the recount. This had NEVER been done before.
So try and understand Gore whated to CHANGE THE RULES after the election so that he could win.
Every other election had had about the same number of over or under counts and nobody ever cared. All the Dems thought that was fine. What was different? The election was close and the Dems as always put winning ahead of EVERYTHING. Unlike Nixon they didn't put the country first. They have continued to show for the next 7 years that they are incapable of putting the country first. Way to go Dems.
Posted by: Dan Hamilton | May 23, 2008 3:05:52 PM
Is not the NY Times a corporate entity with a vested interest in the status quo? Do you follow the view that international observers have of that election? What do you really make of all the Republican operatives who just happened to be present in Miami-Dade. This Floridian was there and you would be well-served to investigate further if this is a matter of interest to you.
This next election will indeed be interesting. We still have a Republican administration in Florida. Voter rolls are being watched more closely, but we will see.
Posted by: traveler | May 23, 2008 2:58:11 PM
Up to this day I'm still befuddled as to why Al Gore did NOT insist on a complete recount of the ENTIRE state of Florida. The Electoral College awards votes to a STATE. In Florida it is winner-take-all. (Not until recently did I notice in Nevada the votes can be split based on regional results.)
Because the margin was so minimal, the only fair way would be doing a state-wide recount. If Gore had proposed exactly that, it would've been irrational of the Bush team to object (with a straight face). Then there would not have been that much litigation, with precious time lost that could have been spent on the state-wide recount.
Gore lost in the U.S. Supreme Court. It appeared the Court helped Bush steal Florida. But that's not true. We would never really know who would have won after a state-wide recount. Various recounts by news organizations subsequently are not perfect alternatives. Because they were not done in the way the State of Florida would have done with the same level of neutrality.
(In 2008 I am with Hillary. If not her then McCain. I can't stand the Messiah. Just a footnote.)
Posted by: Brent | May 23, 2008 2:54:45 PM
talking about recount, and bush won. and gore tried to change the rules and clinton is trying to change the rules.
in hindsight, many of us wish gore had been able to change the rules.
and whether obama or mccain
many of us are going to wish clinton had been able to get the rules changed.
Posted by: worldcitizen | May 23, 2008 2:54:37 PM
"No one who has objectively studied the vote fairly doubts that more Floridians cast ballots for Al Gore than Bush."Would that include the New York Times? They did a recount and concluded that Bush won. Objective people know that there was no "stolen" election. There was an ATTEMPT to steal the election, which was thwarted by the U.S. Supreme Court. Watch for the repeat in Denver!
Posted by: Kate Still | May 23, 2008 2:50:19 PM
You probably meant that comment about HBO and "the truth" in jest, but many people depend on one or a few corporate outlets for their information. I wonder how many of the posters have really done their homework on this one.
Posted by: traveler | May 23, 2008 2:49:23 PM
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