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The court's historic ruling keeps Al Gore's hopes for the White House alive.

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A transcript of our chat appears below. On Monday, Florida Judge N. Sanders Sauls rejected Al Gore's challenge to the state's presidential election, chat baran to order new recounts of ballots sought by his campaign.

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We've just learned that the Florida Supreme Court has agreed to hear oral arguments on Gore's appeal of this ruling Thursday at 10 am. It is not standard practice.

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It can be a good for Gore, or it can simply reflect that this is such an important case that they didn't want to just make a decision based on the briefs. What arguments do you expect to hear from the Gore legal team on Thursday? Will these arguments hold up in court? The principle argument for the Gore team has to be the likelihood chat baran uncounted votes in Miami-Dade County that Judge Sauls overlooked, what they will represent as the probability of uncounted votes that could change the of the election. However, they have done both in the course of this recount. They reversed the original decision regarding the certification deadline.

On the other hand, they upheld the court decision regarding the butterfly ballots. If the Florida Supreme Court orders a new recount, who conducts and supervises it? In addition, what means of redress does Governor Bush then have?

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It seems that one court decision just le to another lawsuit. First, any court ordered recount will be supervised by Judge Sauls. Probably under the execution by county canvassing board personnel. However, such review is chat baran guaranteed. Once oral arguments are heard in the Florida Supreme Court, how long before we will hear their decision?

If the decision is not favorable for Gore, does his legal team have any more recourse legally? The Florida Supreme Court has acted very quickly on cases thus far. I would expect a decision within 24 hours of the argument. If Gore loses, he also can attempt an appeal to the U. Supreme Court.

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I think the type of proof that Judge Chat baran was looking for was evidence of specific machines that weren't working, or misadministration, such as late poll openings or closings, damaged ballots, or improperly functioning machines. Also, judges look for evidence of fraud, such as improperly voted ballots, which is what happened in the Miami Mayor's race in Gore's legal team suffered another major setback yesterday when the U. Supreme Court set aside a November 21st ruling by the Florida high court that had extended the deadline for ballot recounting, saying there is "considerable uncertainty as to the precise grounds for the decision.

I was surprised at the approach taken by the Supreme Court. Based on the oral argument on Friday, it appears that five of the Justices believe chat baran the Florida Supreme Court erred in its ruling. I interpret yesterday's decision as a very diplomatic rejection of the Florida Supreme Court decision.

Since the Florida Supreme Court now has two tasks before it, wouldn't it be chat baran for them to rule on the appeal of the Sauls verdict first prior to issuing the clarification requested by the U. Supreme court? If the Sauls ruling is upheld, the second issue becomes more or less a moot point.

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Yes, I agree with that. They might rule on both issues at the same time, but certainly in affirmance of Judge Sauls' decision could make the other issue moot. Ken Bozich writes: "Regarding the U. Supreme Court's ruling, doesn't this establish a precedent for federal intervention without clear federal statutes involved?

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I don't agree. I think the U. Supreme Court decision reflects the abstention of the U. Supreme Court, at this point.

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It also seems to suggest that the ultimate control might be Congress, but Congress' acceptance of electoral votes, in part, is governed by Title 3 of the United States Code. Therefore, I don't expect the U. Supreme Court to become involved again, unless there are allegations that Title II of the Constitution was violated, or that Title 3 of the United States Code was violated.

Supreme Court set aside their ruling? That is unclear to me. It is possible that a reversal of Judge Sauls' decision could be construed as inconsistent with Florida law as it was in place on Election Day. Indeed, Judge Sauls, in his opinion, suggested that Palm Beach County had conducted a hand-count in a way that was inconsistent with chat baran policy in effect since If that view is correct, then the hand-count might have constituted a change of procedure inconsistent with Florida law as it was in effect on Election Day.

That would violate 3 U. I think Judge Sauls' comment reflects an immediate consequence of the Supreme Court decision.

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Would you explain for the lay audience the difference between an appeal of an error of law and an appeal of chat baran factual evidence, and explain how that reflects upon the probable outcome of the Gore appeal of Judge Sauls' ruling. Well, Judge Sauls, in this proceeding, acted as both finder of law and finder of fact. Usually, a finder of fact is a jury. On appeal, findings of facts are not reversible unless clearly erroneous.

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Findings of law may be reversed on lesser grounds. Appellate courts rarely reverse findings of fact, because they defer to juries or, as in this case, a Judge. Also still in play are cases on absentee ballots in Seminole and Martin counties, where local Democrats are seeking to throw out thousands of absentee votes because Republican election officials completed ballot chat baran by writing in voter identification s. This next question comes from Jeff:. Gore's last gasp of hope seems to be in the effort chat baran get the absentee ballots excluded in Seminole and Martin Counties.

Does he have a legitimate chance at winning this case, or is this a matter that most likely will be quickly disposed? He has an argument, although chat baran will have difficulty proving one of two important points.

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One point he can prove fairly easily is that there was noncompliance with the technical requirements of Florida law. That noncompliance involved the filling in of identification s on the applications after they had been initially submitted. However, the second issue will be more difficult for the Gore team. That issue requires a demonstration that the noncompliance resulted in improper ballots, which would effect the outcome of the election. In this situation, Gore will have to make a showing that the mistake on the applications compromised the integrity and legitimacy of the absentee ballots.

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Thus far, we've not heard any such assertion. In that regard, the situation might be comparable to the so-called butterfly ballot in Palm Beach County. As you may recall, that type of ballot did not comply with Florida chat baran, however, the trial court concluded that the error did not reasonably result in erroneous voting.

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Therefore, the court upheld the votes in Palm Beach County, and that decision was affirmed by the Florida Supreme Court. Gore and his legal counsel made an unretractable strategic blunder by pressing the vote count idea when they should have been promoting the neutral principle of a fair and accurate election.

That way they could the two Republican tampering county suits that hold the most promise for overturning the election without hesitation. Instead, they are inextricably hamstrung to inaction by their own self-imposed criteria.

Maybe this guy does not deserve to be President after all.

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That is certainly a political evaluation that may be true. It's hard for Gore to insist on the counting of all ballots in Miami-Dade and Palm Beach while, at the same time, attempting to exclude ballots in counties like Seminole and Martin. However, chat baran nothing legally to prevent him from attempting to do both. While he is not a party to the Seminole case, the plaintiffs appear to be Gore supporters who, in fact, have had some consultation with the Gore legal team.

Spin, public opinion and legal action aside, what are some legal and legislative chat baran in a post-inauguration Bush presidency wherein it is determined, after the fact, chat baran ballot count or policy irregularities in Florida point to an irrefutable, substantiated Gore majority in Florida? Well, basically, once the President is sworn in on January 20th, at noon, that individual is the President.

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The only grounds for removing a President after swearing in would be through impeachment, as provided in the Constitution. I don't think that they're going to find, after the swearing in, that the President was not elected. Assuming that there are no surprises in court and Bush holds on legally, how likely is it that there will be any major surprises with the electoral vote?

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Will there be any defectors? Faithless Electors are always a possibility. There have been seven such examples in the 20th century. Bush's margin would be only by two electoral votes, so the possibility exists that two faithless electors could create a tie and throw the election into the House of Representatives.

Historically, none of the faithless electors have changed the result of any election, and I'm sure the Bush chat baran is working strenuously to insure that there will be no faithless electors this time.

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Jan, I'm asking a question in a different legal vein. How are the candidates funding these legal challenges, and will this ultimately become something paid for by the tax payer? Both the Bush and Gore campaigns have established recount funds, pursuant to federal election commission rules. These funds may not accept contributions from corporations or unions.

However, they may accept, without limit, donations from individuals and Political Action Committees.