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Law

Grace Under Pressure - Al Gore Concedes in 2000

Bzeditor On December 13, it will have been seven long years since the tied election of 2000 was un-tied by the patriotism of Al Gore, a man who has just been given the Nobel Prize.

On that December day in 2000, though, Gore gave up his battle to be president and conceded the race to George W. Bush.

Neither he nor I anticipated this long and difficult road. Certainly neither of us wanted it to happen. Yet it came, and now it has ended, resolved, as it must be resolved, through the honored institutions of our democracy... Now the U.S. Supreme Court has spoken. Let there be no doubt, while I strongly disagree with the court's decision, I accept it. I accept the finality of this outcome which will be ratified next Monday in the Electoral College. And tonight, for the sake of our unity of the people and the strength of our democracy, I offer my concession.

Page_1_3 With that, Al Gore said it was time for him to go and for a while, he left the stage, grew a beard and debated his new plans while, across the nation, we saw the clear emergence of the whole concept of red and blue states and a divided America.

This November 20, 2000 Newsweek cover ("The Winner Is..."), by the way, was voted #31 on a list of the "Best Magazine Covers" of the past 40 years by ASME, or the American Society of Magazine Editors. Did anybody else notice that when the two men's faces were merged for this Newsweek cover that the result looks a whole lot like a grown up Alfred E. Newman from Mad magazine?

Remember what it was like back then right after the vote? Even Bill Clinton got off a great one-liner saying, "The American people have spoken, but it's going to take a little while to determine what they said." Newsweek's cover article this week was called "A Whiff of Victory...But Now It's War." They began with describing one of the most surreal moments in American politics ever.

Bill Daley was in the motorcade, frantically calling Al Gore upfront in the lead car. It was 2a.m., and raining in Nashville, Tenn. The vice president was at the head of what looked like his own political funeral procession. He'd called George W. Bush to concede, and was on his way to a stage outside the War Memorial to thank his soaked supporters. But Daley, his campaign chairman, had just gotten new numbers from Florida -- the state that seemed to have put Bush over the top. Bush's lead was dwindling rapidly there: from 50,000 before the motorcade left the hotel, to a couple of thousand, dropping by the minute. It wasn't over, Daley instantly understood. But he also realized that his suddenly undefeated candidate didn't know it, and might make the wrong move once he got out of the limo. Mobile to mobile, Daley quickly got Gore on the line. "Whatever you do," he shouted into the phone, "do not go out on that stage!"

Daley, by the way, was the son of Mayor Richard Daley of Chicago who many people believe helped put John Kennedy over-the-top in Illinois in 1960 with some questionable votes. He would be asked to perform the family electoral miracle a second time but Florida was not Illinois and in 2000 lawyers from both parties were already on their planes to the next battleground.

We know what happened next. Lawsuits, court challenges, endlessly squinted at ballots, a month and a half of insanity, punctuated and ended by a 5-4 Supreme Court decison to force the counting stop where it stood -- with George Bush ahead. Finally, in December, it was over. But that was a long way off when this magazine was written. Newsweek sussed out the stakes with accuracy:

Both sides claimed a noble objective: to bestow legitimacy on whoever would be judged the ultimate winner. But the candidates' transparent posturing and legal maneuvering reminded voters of just what they disliked about each one: Gore's merciless hunger, Bush's smirking arrogance. And that, in the end, could lower the standing of whichever one lands in the White House. Each would be seen by his foes -- half the country -- in the worst light: Bush, the Accidental President, elevated by the miscast ballots of elderly voters in Palm Beach condos; Gore, the Ruthless Prince, propelled to power by spinners, lawyers, and his own guile.

We know more today than we did then, of course. We know that Bush finally got the office, that Gore gave the best speech of his life when he conceded, and that Bush Jr. was considered an "accidental" president of sorts until the events of September 11, 2001 made all that seem petty and gave him the chance to stand on his own. We also know that Ralph Nader sucked votes aplenty from Al Gore's campaign, and that Pat Buchanan's position on the Florida butterfly ballot sucked possibly crucial votes from Gore as well. But Nader was about ego and the staggered ballot was about stupidity -- and neither one of them is illegal in presidential politics.

As far as the election itself went, we know that in the popular vote Al Gore actually won by some 550,000 votes. We know that in the electoral college that George Bush actually won by a vote of 271 to 266. As for the dispute in Florida, after the Supreme Court ruling, several journalistic organizations went back and re-counted all the Florida ballots in multiple ways -- the way Gore wanted them counted, the way Bush wanted them counted, and a few others variations -- and Bush always won. Not by much, but he won Florida for real (unless we wanted to interrogate senior citizens about who they thought they were voting for). Since our constitution awards the presidency based on what happens in the Electoral College, that's advantage Bush whether you liked it or not. Photo-finish, but a finish, of sorts.

Let's close with one of Gore's final lines in that concession speech:

As for the battle that ends tonight, I do believe as my father once said, that no matter how hard the loss, defeat might serve as well as victory to shape the soul and let the glory out.

Maybe, crazy as it sounds, there was a glory to be let out in Gore's loss. His destiny was not to lead a divided nation but to help heal an endangered planet. For everybody's sake, let's hope so...

Sex, Lies & Politics: Thomas V. Hill

Hero_shot_2_2_3Instant History "Flashback" by Bryce Zabel

Just this month, the autobiography of Supreme Court Justice Clarence Thomas, My Grandfather's Son, was published and set off a new round of "He Said, She Said" in the media. In the book, Thomas gives his side of the nomination hearings of 1991 which, of course, led to a rebuttal by Anita Hill in the Op-Ed page of the New York Times and on and on.

Page_1_2 Discriminating readers and historians have ample evidence on both sides of the story to decide who they want to believe. In that respect, nothing at all has changed in the 16 years since October of 1991 when America had a normally not-so-compelling Supreme Court nomination hearing process hijacked into something that felt like it came out of the tabloids.

If you think the current nomination and confirmation process surrounding Supreme Court nominees was rough during the last few years, just remember that it's almost impossible for it to get as awful as the Clarence Thomas hearings. We will probably never see anything quite like this again.

Although it's more on the level of the O.J. Verdict and not JFK's murder or 9/11, for those who lived through it, the Thomas Hearings still have a "where were you?" quality to them. Where were you when Anita Hill went before the Senate Judiciary Committee and publicly claimed that Supreme Court nominee Clarence Thomas had compared the length of his penis to an actor in a pornographic film by the name of Long Dong Silver? I was in a hotel room in Hawaii -- there to research an NBC pilot I was writing -- and even though I was surrounded by paradise I spent two days glued to a TV set.

Time devoted a great deal of space to this controversy in its October 21, 1991 issue, starting with an opening essay titled, "An Ugly Circus" and moving into the main article, "She Said, He Said."

It was clear that the differences in the Hill and Thomas versions on what transpired a decade ago were not a simple matter of differing sensibilities -- oversqueamishness on her part vs. bad taste on his. If Hill's description of Thomas' words and actions was truthful, then the Supreme Court nominee was guilty of sexual harassment in the past and perjury in the present. If Hill's account was a flight of fantasy, then she was delusional and a candidate for medical attention.

Notice on the cover that Time sub-titled the issue: "America's watershed debate on sexual harassment." That's my main nitpick on this issue. If both parties had agreed on what was said and done but disagreed on whether or not it was sexual harassment, well, then we could have had a watershed debate. This wasn't a debate on the issue of sexual harassment. It was a public spectacle where two incredibly bright, articulate and seemingly honest people told starkly different stories. One of them was a complete liar of epic proportion and the other wasn't. Today, 14 years later, we still do not definitively know the answer.

Cool and unflappable, Hill looked the Senators in the eye and handled every question without hesitation...No less poignant, searing or believable, however, were Thomas' anguished statements and adamant denials.

The hearings gave up lots of memorable moments. One of the "oddest episodes", according to Hill, involved an exchange in Thomas' office when he reached for a can of Coke and asked, "Who has put pubic hair on my Coke?" After Hill's testimony about this and numerous other incidents which included descriptions of Thomas discussing porno with women with large breasts engaged in a variety of sex acts with animals, Thomas came out swinging, calling the hearing "a high-tech lynching for uppity blacks." The article concluded:

...everyone who had witnessed Hill's and Thomas' dramatic testimony knew for certain only what they had known at the start: one was telling the truth, and the other was lying. There was no way to imagine a happy ending to this very sad confrontation. For both Hill and Thomas, it was the hardest ordeal of their lives. But one of them was shouldering the burden unfairly -- and it may never be known which one. While both had been sullied and injured by the proceedings, only one had been dragged through the mud on the strength of a very convincing lie.

So, who was telling the truth? Thomas had more to gain by lying -- a Supreme Court seat. But he also had excellent witnesses from his previous staffs who had worked with both of them saying that such behavior was never seen by them and would have been totally out of character. And it did appear that Hill initially thought her testimony to the FBI would be sufficient to derail his nomination without her having to speak to the committee. No one has definitively answered this question.

What do I think? First and foremost, I think that if Thomas did those things to Anita Hill then he's an asshole of extreme proportions (and I'm not talking about his Long Dong Silver either). And I also think that if it could be proved, even today, then he should be impeached and thrown off the court. But as I've pointed out earlier, this case isn't about sexual harassment, at least not until you can tell who's telling the truth.

I watched all the testimony on TV and whenever either Hill or Thomas was speaking, I believed them and knew the other was lying. It was maddening then, and it's maddening now. They were both brilliant witnesses. If I absolutely had to choose, I would take Thomas' denial to be the truth, but only by a very, very slim margin. Here's why. A tiny voice tells me that -- knowing know how high the stakes are over these nominations and how Democratic activists believe now (and believed then) that a woman's right to choose is literally at stake -- well, that voice tells me that it's possible Anita Hill was recruited to derail Clarence Thomas, things got out of hand, and she was basically told by a lawyer that she could either stick by her story or go to jail for perjury. But I wish I knew with more certainty...

State your own opinion in the comments. Who's the scummy liar and who's the victim? Tell it the way you feel it.

OJ's Last Run: Time Covers It From All Angles

Hero_shot_2_2_3Instant History "Flashback" by Bryce Zabel

It's been over thirteen years now since that slow-speed chase in the white Bronco where we all held our breaths wondering if O.J. was going to blow his own brains out on live TV.  I remember watching it in the Calabasas Sagebrush Cantina -- the Bronco was on one screen, and the Lakers play-off was on the other.  Nobody could take their eyes off either.

The racial controversy over O.J. Simpson began, of course, with the murder of a white woman and white man by a black suspect, but it was seen visually the minute the issues of Time and Newsweek first came out.  It triggered a pull-back of a cover, an unprecedented action in the publishing history of news magazines.  Here's what their initial June 27, 1994 issues first looked like:

Oj_arrested
June 27, 1994

Here's where it got interesting.  Almost immediately after hitting the stands, Time was accused of racism by minority groups for its photographic alteration of the famous O.J. arrest photo.  The editors defended their choice by saying that they had taken that creative license to show the shadow that had descended on his reputation that week.  Illustrator Matt Mahurin was the one to altern the image, saying later that he "wanted to make it more artful, more compelling."  Enough readers, however, said that they saw the white man stacking the deck by "demonizing" the black man, that Time did something it had never done before and has never done since.  They issued a second cover and pulled the first one.  Essentially this meant that only mail subscribers ever saw the first cover.  Here they are side-by-side for your own inspection.

Oj_arrested_time_covers

Most of us are very familiar with the story of O.J. Simpson -- the famous athlete a criminal jury said didn't do it only to have a civil jury say he did just over a year later.  Like the Los Angeles riots which preceded the arrest of O.J. by two years, this story said as much about the state of race relations in America as they did about the guilt or innocence of the accused.  Before the racial overtone set in, however, coverage in these initial issues had a lot to do with the actual slow-speed chase.  Here's the way Time started in both versions:

When asked how they could have let one of the most famous double-murder suspects in history slip away under their noses, the angry police commander and the tight-faced lawyer and the whole choir of commentators all said the same thing, without a trace of irony:  "We never thought he would run."

Maybe people condense into their essential selves in crisis, and O.J. was one of the best runners in American football.  Here's how Newsweek began their story:

The end, last week, was off-camera.  After the bloody steps, the heart-rending funerals, the surreal chase through the twilight of Los Angeles, O.J. Simpson surrendered himself into the darkness his life has become.  He was in the back seat of his best friend's Bronco, communing quietly with his cellular phone, his blue steel revolver and a picture of his children.  As the police stood back, the shadows lengthened.

Now, of course, there's a new O.J. criminal saga starting in Las Vegas. More coverage to come, to be sure...

Another Way to Look at JFK

John Kennedy continues to fascinate us even though it's been over four decades since his assassination. One of the guessing games that's been played during that time is the "what-if?" about what would have happened had JFK lived. The rosiest version, of course, is that a Kennedy as a survivor never gets us bogged down in Vietnam and, because we aren't disillusioned by his death and Vietnam, then even Watergate wouldn't have happened.

Winter_banner_2_8 While this is all valid conjecture, the last decade has seen a lot of blemishes added to the JFK mystique. And that leads to a book project known as WINTER OF OUR DISCONTENT: THE IMPEACHMENT AND TRIAL OF JOHN F. KENNEDY. It's a project I've been working on for several years now with alternative history novelist Harry Turtledove. We're both Democrats, so it's not a political attack piece, but we've come to the conclusion that if Kennedy had been shot at in Dallas and the gunman (gunmen?) had missed, then a chain of events would have been set in motion that would have made Kennedy the first president to face impeachment since Andrew Johnson -- instead of Richard Nixon who had the honor in our reality.

It's a controversial tale, but there's a web-site devoted to this concept now where Harry and I propose to post the first sections of the book piece-by-piece. If it generates a following and some (potential) controversy, then we'll probably get a book deal to finish it. If it doesn't, well, that's the way it breaks, and we'll get on with our lives.

You can CLICK HERE to check it out, or on the BANNER ABOVE.

Here's the INSTANT HISTORY connection. We've made the two lead characters reporters who are the Kennedy year's equivalent of Woodward and Bernstein. New installments will be posted weekly.

Sex, Lies & Politics: Thomas v. Hill

If you think the current nomination and confirmation process surrounding Supreme Court nominee Sam Alito is about to get rough, just remember that it's almost impossible for it to get as awful as the Clarence Thomas hearings. We will probably never see anything quite like this again.

That news story ranks up there with the JFK assassination, the moon landing and the reading of the O.J. verdict. Where were you in 1991 when Anita Hill went before the Senate Judiciary Committee and publicly claimed that Supreme Court nominee Clarence Thomas had compared the length of his penis to an actor in a pornographic film by the name of Long Dong Silver? I was in a hotel room in Hawaii -- there to research an NBC pilot I was writing -- and even though I was surrounded by paradise I spent two days glued to a TV set.

1991_1021_sex_lies_politics
Sex, Lies & Politics
Time, October 21, 1991

Time devoted a great deal of space to this controversy in its October 21, 1991 issue, starting with an opening essay titled, "An Ugly Circus" and moving into the main article, "She Said, He Said."

It was clear that the differences in the Hill and Thomas versions on what transpired a decade ago were not a simple matter of differing sensibilities -- oversqueamishness on her part vs. bad taste on his. If Hill's description of Thomas' words and actions was truthful, then the Supreme Court nominee was guilty of sexual harassment in the past and perjury in the present. If Hill's account was a flight of fantasy, then she was delusional and a candidate for medical attention.

Notice on the cover that Time sub-titled the issue: "America's watershed debate on sexual harassment." That's my main nitpick on this issue. If both parties had agreed on what was said and done but disagreed on whether or not it was sexual harassment, well, then we could have had a watershed debate. This wasn't a debate on the issue of sexual harassment. It was a public spectacle where two incredibly bright, articulate and seemingly honest people told starkly different stories. One of them was a complete liar of epic proportion and the other wasn't. Today, 14 years later, we still do not definitively know the answer.

Cool and unflappable, Hill looked the Senators in the eye and handled every question without hesitation...No less poignant, searing or believable, however, were Thomas' anguished statements and adamant denials.

The hearings gave up lots of memorable moments. One of the "oddest episodes", according to Hill, involved an exchange in Thomas' office when he reached for a can of Coke and asked, "Who has put pubic hair on my Coke?" After Hill's testimony about this and numerous other incidents which included descriptions of Thomas discussing porno with women with large breasts engaged in a variety of sex acts with animals, Thomas came out swinging, calling the hearing "a high-tech lynching for uppity blacks." The article concluded:

...everyone who had witnessed Hill's and Thomas' dramatic testimony knew for certain only what they had known at the start: one was telling the truth, and the other was lying. There was no way to imagine a happy ending to this very sad confrontation. For both Hill and Thomas, it was the hardest ordeal of their lives. But one of them was shouldering the burden unfairly -- and it may never be known which one. While both had been sullied and injured by the proceedings, only one had been dragged through the mud on the strength of a very convincing lie.

So, who was telling the truth? Thomas had more to gain by lying -- a Supreme Court seat. But he also had excellent witnesses from his previous staffs who had worked with both of them saying that such behavior was never seen by them and would have been totally out of character. And it did appear that Hill initially thought her testimony to the FBI would be sufficient to derail his nomination without her having to speak to the committee. No one has definitively answered this question.

What do I think? First and foremost, I think that if Thomas did those things to Anita Hill then he's an asshole of extreme proportions (and I'm not talking about his Long Dong Silver either). And I also think that if it could be proved, even today, then he should be impeached and thrown off the court. But as I've pointed out earlier, this case isn't about sexual harassment, at least not until you can tell who's telling the truth.

I watched all the testimony on TV and whenever either Hill or Thomas was speaking, I believed them and knew the other was lying. It was maddening then, and it's maddening now. They were both brilliant witnesses. If I absolutely had to choose, I would take Thomas' denial to be the truth, but only by a very, very slim margin. Here's why. A tiny voice tells me that -- knowing know how high the stakes are over these nominations and how Democratic activists believe now (and believed then) that a woman's right to choose is literally at stake -- well, that voice tells me that it's possible Anita Hill was recruited to derail Clarence Thomas, things got out of hand, and she was basically told by a lawyer that she could either stick by her story or go to jail for perjury. But I wish I knew with more certainty...

State your own opinion in the comments. Who's the scummy liar and who's the victim? Tell it the way you feel it.