Texas Rainmaker

John Kerry is determined not to lose Florida’s 27 electoral votes in a swamp of recounts and recriminations this fall, vowing to mount an early legal challenge in any district that might repeat the problems that bedeviled Democratic supporters in 2000. source

Let’s not forget an attempt by Kerry’s party to disenfranchise many American military men and women in 2000.

“Democrats lose bid to throw out 25,000 absentee ballots in Florida election - Saying that the sanctity of the election was left intact despite “irregularities” with the way ballot applications were handled, two Florida judges on Friday refused to throw out 25,000 absentee ballots in Seminole and Martin counties.” source

Let�s also keep in mind the outcome of SEVEN recounts by various organizations, including some media. George W. Bush wins.

Why does this mean anything? Maybe a former democrat can say it best:

Wall Street Journal
November 20, 2000

How Democrats Wage Political War
By Cleta Mitchell, a Washington attorney who has previously served as a Democratic member of the Oklahoma legislature.

In case you’re bewildered by the machinations of the Gore campaign-turned-law-firm, let there be no doubt that the goings on in Florida are perfectly in keeping with the way Democrats normally think and behave. Lawsuits are a key part of the Democrats’ political strategy, so nothing about Florida should surprise anyone who has spent time in the Democratic Party.

Until 1995, I was a Democrat. I’ve been a Democrat elected official, a party official and an active party member, so I know how Democrats think.

Democrats know and internalize, understand and are motivated by, certain ideas, concepts and principles that seem to be foreign to Republicans. And Democrats are elated that Republicans don’t know or function under the same ideas. These basic rules of Democratic thinking are at work in Florida. This primer should help explain what makes the Democrats tick.

Rule 1: If we don’t win, we don’t eat.

The fundamental motivation for Democrats is their understanding that winning control of government is tied to paychecks, jobs, government grants, public money for private groups and companies, government contracts, union bargaining advantages, rules by which trial lawyers bring lawsuits, and on and on. The use of government to feed friends and starve enemies is something Democrats know instinctively. Winning elections means getting or keeping a livelihood.

Say what you will about trial lawyers, but remember this: They only get paid if their clients win. Extending that principle to politics means that various Democratic constituencies are convinced that a Democratic victory means food on the table.

Rule 2: State courts are “home” to Democrats.

There is a reason why, of the more than two dozen lawsuits filed in Florida by various Democrats, virtually all have been filed in state courts.

Democrats are at home in the state courts. It is where the judges are elected, often on partisan ballots. And the trial lawyers are the most ardent in overseeing who fills and keeps judicial positions. Trial lawyers normally hate federal court, where rules are more strict and standards much higher, and where attorneys can be, and often are, sanctioned for filing frivolous lawsuits.

Against the backdrop of the myriad state lawsuits filed by Democrats in Florida, and the call by the Gore campaign for even more trial lawyers to come and assist in the litigation battles there, the Bush campaign filed one legal action. It was filed in federal court as a challenge to the constitutional validity of the manual recount procedures in Florida and the absence in the statute of any objective standards for such recounts. The evidence to support the sole Republican lawsuit has unfolded on our television screens during the manual recounts conducted to date.

State courts are often a blank page to be filled in by the most clever manipulator in the courtroom. (No wonder the Democrats have brought in super-litigator David Boies.) Only a state court judge would have entertained, much less Ruled on, a lawsuit like the one filed by the Palm Beach Democratic Party, which argued that incomplete (”dimpled”) Ballots should nonetheless be counted. And that’s just one example of the kinds of cases the Democrats have filed.

Republicans depart from their customary arguments in favor of federalism, decentralization of government power and devolution of authority to the states when civil justice system and lawsuit reform are at issue. Then, the parties switch sides and it is Republicans who prefer federal courts and uniform national standards and Democrats who fight vigorously to protect their state court fiefdoms. This may seem inconsistent — but it isn’t, when one understands the hometown advantage of the Democrats and trial lawyers in state courts. Remember Rule #1.

Rule 3, the “golden rule”: He who makes the rules wins the gold.

The post-election fight in Florida is the best evidence in my lifetime of the absolute supremacy of the rules-as-gold principle. Democrats understand impressively well that the rules, the regulations, the procedures and the processes will almost always dictate the outcome. In a nutshell, rules provide victories — or defeats. Because the statutory process in Florida did not provide the result the Democrats wanted, they knew it was imperative to change the rules after the election.

When I was first elected to the Oklahoma legislature, a veteran Democrat member told me to learn the rules. He told me, “If you know the rules better than your opponent, you can beat him every time.” He was right. I also learned that writing and rewriting the rules is as important as understanding them.

The legal wrangling this week in Florida is neither about “technicalities,” nor about “fairness.” It is about winning. See Rule #1. Changing the rules is why the Gore campaign dispatched lawyers and organizers to Florida in the early morning hours of election night — because the rules had to be rewritten under public pressure, either through executive or judicial decisions, in order for Al Gore to prevail.

Changing the rules required a massive public relations effort by the Gore campaign to discredit the rules and procedures under which elections are normally conducted in the state of Florida. Changing the rules was the objective in the Gore campaign’s vilification of Katherine Harris, the Republican secretary of state, for enforcing the existing laws and rules.

Any Republican who misses the 4 lessons the Democrats are teaching us on national TV these past two weeks is terribly naive. If, as a result of all this, Republicans don’t commit themselves to learning and practicing the art of political war, as well as its natural extension in the courtroom, there may not be much of a GOP to kick around anymore in the future.

So it makes sense that Kerry would be laying the foundation for a court challenge this Fall. Don�t think the �golden rule� applies to politics? Let�s think back to a not-so-distant time when the 2002 election was fast approaching.

Democrats replaced Sen. Robert Torricelli on the November ballot with former Sen. Frank Lautenberg, even though the deadline for making such a change had passed. It was a crucial victory for Democrats, who saw Torricelli as a potential loser next month and are fighting to keep the seat in their hands as they try to retain or add to their single-seat majority in the Senate.

Although state law bars replacement candidates less than 51 days before an election (Torricelli withdrew 36 days before Election Day), the court said it was more important to have a ballot “bearing the names of candidates of both major political parties�. Well, to hell with the rule of law!

What about St. Louis? It all started the day before the Nov. 7 election when Congressman William Lacy Clay, son of the incumbent Democrat William Clay, announced polls would be open late on election day. Then, that Tuesday evening, Democrats went to St. Louis Circuit Court Judge Evelyn Baker, alleging that up to 33,000 registered voters had been improperly removed from voter registration rolls. Baker ordered the polls to remain open in St. Louis until 10 p.m. to ensure the delays did not prevent voters from casting their ballots due to time constraints. Polls across the state are legally supposed to close at 7 p.m.

Just minutes after Baker issued the order, a phone-banking effort by Jesse Jackson commenced, indicating the Democrat activist had pre-arranged the activity. Jackson had recorded an automated message explaining that polls would remain open until 10 p.m. and that votes could be cast even later at the Board of Election Commission — until midnight. But this latter part of Jackson’s message was not included in Baker’s order.

Attorney Thor Hearne represented Republicans in the appeal of Baker’s decision, which was granted by a three-judge panel at 7:45 p.m. the same day. The new order required that polls be closed at 8:15. However, locals report voting continued until after 10 p.m. and Jackson’s automated phone message continued to be sent to residents after the 8:15 deadline, Hearne said.

At 7 p.m. Tuesday, judges at 29 of the city’s nearly 400 precincts walked away from their posts, leaving ballot boxes unattended, Hearne added. The next day, St. Louis police located an abandoned voting machine in a vacant lot in the 3900 block of Olive Boulevard. The attorney’s investigation into the chaos also revealed that 300 or more unregistered people voted after they were given court orders allowing them to do so.

So, let�s just review the year 2000.

Florida � Democrats file a lawsuit in state court to have 25,000 absentee (mostly Republican) ballots thrown out and not counted.

Florida � Democrats file a lawsuit after losing the election, to have the rules on counting ballots changed, in their favor.

New Jersey � Democrats are faced with a candidate forced to drop out due to illegal activities and past the deadline to get replacement on the ballot file a lawsuit to ignore the existing law in favor of them.

St. Louis � Democrats file suit in state court to ignore rules about poll closing times, allowing untold numbers of illegal votes to be cast.

So why do we need Congress anymore? According to the Democrats, we elect state court judges to make the laws by which we should live. Make no mistake about it, this year�s election will be played dirty. I urge Republicans to forget about playing nice, this is war. When your opponent is playing �anything goes�, you must rise to the challenge and meet it face to face. Remember, there are some big money Democrats claiming this election is a matter of life and death. It�s about damn time we learned the Golden Rule!

Posted by TexasRainmaker |

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