MSNBC's 'Verdict' Guest Jonathan Turley says Gore Won Florida in 2000

By D. S. Hube | April 29, 2008 - 17:27 ET

On last night's "Verdict" with Dan Abrams, Dan and guest [Constitutional Law Professor] Jonathan Turley dissected Sunday's "60 Minutes" interview with U.S. Supreme Court Justice Antonin Scalia. After dissenting with Scalia's claim that it was Al Gore "who brought it (election 2000) into the Florida courts," Turley then made the following claim:

Look, both sides were challenging this question. The funny thing of course is that Al Gore appears to have won Florida. And so, when Justice Scalia says he brought this trouble upon himself, that‘s not exactly fair since he apparently won the state, did not get credit for the state and ultimately lost the presidency over that failure.

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Gore ... apparently "won Florida?"

Not according to a Miami Herald/USA Today study in early 2001. They say George Bush won Florida. The National Opinion Research Center (NORC) at the University of Chicago did a six month study and said the same thing. Ditto the Washington Post. And did I mention the New York Times?

Granted, some of the studies above do note that in a few certain defined circumstances, Gore could have eeked out the most slender of victories. But these are clearly in the minority. Perhaps most noteworthy is that a recount with the standard the Gore camp desired would have still made Bush the victor. So, on what basis does Turley make his claim? Was it that now-infamous [Democrat-designed] "butterfly ballot" in Palm Beach which [supposedly] caused thousands to mistakenly vote for Pat Buchanan? Who knows. Turley doesn't say.

Turley gets a bit more leeway later when he states the following:

Well, it is a serious business. And first of all, I don‘t know of any law professor, I certainly have never talked to one who thought that this decision was handled well. The court fractured, came up with a decision in which many of the justices took a position that seemed wholly at odds with their prior positions, then they insisted that no one should ever cite them for what they just said as precedent and then they prevented any other court from taking any other action.

While Turley is nebulous by saying "many of the justices," I think it's clear he means the conservative bloc on the court -- since he then notes that Bush v. Gore shouldn't be used as precedent (which was what the majority stated). But what Turley (and many others, for that matter) seem to forget is that the liberal bloc of the court also took a position that was " wholly at odds with their prior positions." In other words, while the conservatives sided with federal [court] intervention in the Florida matter (against their traditional positions), the liberals favored a states rights position -- against their traditional positions.

Video of Yurley's appearance on "Verdict."

(h/t to NB reader Jeff F.)

—D. S. Hube is an educator and a member of the National Association of Scholars. He blogs regularly at The Colossus of Rhodey.

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Turley you

Turley you brain-dead fool...how many counts and recounts do you need, even by the leftist organizations like the main papers in this country admitted he LOST...

Good golly move on Abrams, msnbc and all you losing leftists...get a grip already!

When you lose you lose...now wonder we have so many screwed up kids in this country...with any of these leftist loons as parents...I can only imagine how they raise their kids...

A loss is a loss...and Gore should of accepted to to begin with instead of dragging this country down for weeks and weeks, but he is the perfect example what is wrong with this country...along with he trial lawyers and the left and all their ilk.

Waaaah waaah waaaah...

Man I am tired of this squawking....still, seven years later...

MOVE ON!

"Never murder your opponent when he is committing suicide." ~ W. Churchill

And now we have Jonathan

And now we have Jonathan Turley, joining us from Bizzarro World...

Good god, this is news???

Good Lord Turdley....GET OVER IT!!!!  It's 8 friggin years ago.....get a life you whining pain in the a$$. 

"If a man does his best, what else is there"?

General George S. Patton Jr.

Moonbat

Turdley went 100% moonbat right before the 2004 election. I lost all respect for his opinions on anything right then. When he shows, I switch channels.

Re-do?

Why do these fools keep going back to something that has been settled for years?

Do they think that their intellectual arguments will cause a re-vote of 2000 thus change its outcome?

These people have got to get a life.

 

Repeat the lie enough and it

Repeat the lie enough and it becomes perceived as the truth. I think for accuracy's sake, in his last name, he needs to change the "L" to a "K"...

LOL Chris... ...Works for

LOL Chris...

...Works for me!

"Never murder your opponent when he is committing suicide." ~ W. Churchill

Grow up, Turley

If Abrams had any integrity (I know, it's a stretch, but go with me here), he should have immediately challenged Turley on his claim. Not only do the numbers fail to support him, but it was Gore who kept going back to court for more recounts. Not even the dishonest MSM at the time could twist a Gore victory out of the numbers.

Turley, I say not only "Give it up", but "Grow up". It's like he's still pouting over not getting a favorite toy for Christmas 20 years ago.

When you put the clowns in charge, don't be surprised when a circus breaks out.

I think John Turley's brain

has skipped the tracks.

Call the paramedics. He has brain damage.

It was a federal election and you cannot change the rules in the middle of, never mind after the election, as to how votes are counted, as they attempted here in florida.

The word "Federal" is the reason the Supreme Court of our country had jurisdiction and not the Florida Supreme court. It was not a local issue. It was a federal issue. 

I need a bath.

"[Gore] has nobody to blame but himself" ..

"[Gore] has nobody to blame but himself" .. indeed an interesting observation; one the liberal media should remember just prior to finally letting go. 

Speaking of the NY Times - a few reporters with a bit of integrity in the moment of historically important court processes did notice a bit more than the usual conversation out on the street.

The Florida Supreme Court decision, and the events surrounding the decision, which ordered up the state wide recounts and which led Bush to successfully appeal to the US Supreme court, is really the tale of all tales and as such I find it more than amusing that these events find such little attention.

My recollection is rather simple (as I look for the transcript of the arguments). Gore had never asked the courts for a manual state wide recount. Sauls was out on a limb. David Boies, for Gore, argued to the Fl SC, that they, notably in the process of overturning Saul's order for a state wide recount, had nothing in front of them which gave them the path for ordering up their own invented out of thin air recount. The FL SC asked Boies if Gore wanted the statewide recount - Boies told the justices that doing that would be unfair. How often do we expect to see Jonathan Turley bringing that juicy little bit up in the conversation? To the best of my ability to recall the arguments; Boies advised the court that the US SC would surely strike it down, if they ordered the statewide recounts.

Like a pack of lost hungry wolves, the Florida Supremes  rejected Boies advice and did it anyway. And in the end, Bioes was spot on - the US Supreme Court didn't like it. Big surprise - Gore knew it all along.

An interesting piece: CONTESTING THE VOTE: STRATEGY; Gore's Failure to Ask for Manual Statewide Recount May Have Been Critical Mistake. A few excerpts:

..and Mr. Gore's lawyers never once pursued it in court even though they were invited to do just that during oral arguments before the Florida Supreme Court. Mr. Boies said the vice president would ''accept'' a statewide recount, but added, ''We are not urging that upon the court.''

[..] 

 . In a question to Mr. Boies, Chief Justice William H. Rehnquist asked whether the Florida Supreme Court ordered a broader recount than Mr. Gore requested because the Florida court ''thought that to do just what he wanted would be unfair.'' ''I think that's right,'' Mr. Boies replied.

So in the end, the US Supreme Court held to that which Gore believed - that the statewide recounts as dreamed up by the Florida Supreme Court were not fair. Gore never wanted them anyway - and when actually counted, Bush won anyway, so what's Turley talking about - anyway?

It was 7-2 at SC on top of

It was 7-2 at SC on top of everything else which indicates this was a no-brainer.  Turley may claim to be a "constitutional scholar" but he looks like a buffoon when compared to the Supreme Court Justices.  I like the comment above - let Turley interview a Scalia, I bet Turley would cry after being embarrassed.

Little Dan's Adventures in Wonderland

Thank you Mr. Hube for correcting this again. Unfortunately, I saw Little Dan's foray into the world of make-believe last night and it made me angry.

The "Gore won in 2000" fable is one of the lies liberals like to tell themselves. They think that if they repeat the lie enough times, it becomes true. Thank you for correcting them.

Turley

If I were charged with a crime, and was indeed guilty, I would want Turley as my shyst..er, lawyer. He not only would get me off, but most likely would convince me I didn't do the crime. Everytime he appears on television I am struck by how he can disregard the half of the law he disagrees with. His blatant assertion that Gore won Florida is a perfect example of Turley actually believing something patently untrue, and then, on national television, telling the world, in his calm and authoriative voice, to believe it, too. What irritates me most is the smugness that leads everyday people to believe his crap. On second thought, I wouldn't want him as my lawyer, at all.

Turley has a short memory.

For those of us that lived through that election, Turley either has a short memory or hasn't read enough about Florida in 2000.  The only way Gore could have won Florida was to void Florida election law, in place, during the election.  Every scenerio the media came up with, that Gore could have won with, required existing law to be circumvented.

The Broward canvassing board had already rewritten their rules in an attempt to get Gore more votes.  The rules, in place, regarding hanging chads, were revamped shortly after their recount began because things weren't changing enough, despite the protests of Republicans, because the Democrats controlled the board.

In Palm Beach County, the Democrats put so much pressure on Theresa LePore that, after the election, she changed her voter registration to independent.  I'm assuming that the major pusher was Rob Wexler, but there were some very partisan democrats on the board, Carol Roberts, who most of you wouldn't know, but she was the one whose son was in the PB County prosecutors office when Limbaugh had his drug problem and she made a statement that he son was going to get him.  Really cute, eh?  

Anyway, the Democrats, with the help of the Florida Supreme Court, attempted to rewrite Florida election law and, because of the Federal Courts, they failed.  Too bad for Gore that the only way he could win was to break the law.  

Democrats: Stuck on Stupid since 2000.

pbthinker:

Good call about Wexler. He was the spark for the Florida 2000 imbroglio. I believe his was the very first face I saw on TV screaming and moaning about the butterfly ballot, and how senior citizens were "hoodwinked" into voting for Pat Buchanan.

typical liberal loser cry

typical liberal loser cry baby. bush won, learn to count.

Turley must be inhaling

Turley must be inhaling the fumes that come off his toupee (discolored barrister's wig?)...he's absolutely delusional. 

The 2000 election fiasco pushed me toward the conservative...

...side of politics.  I voted for (I apologize in advance) Nader. 

(Thank you for indulging me, I feel better getting that off my chest.)

But what I remember was the Gore side throwing all reason and honor to the wind to find those 500 or so votes (out of millions) they needed to win.

They asked for and got recounts in a few liberal counties where they thought they would get the most help (a bogus and unfair move in a statewide election).

They tried to disqualify overseas ballots from our service men and women based on some lame technicalities.

They tried to blame Bush and the republicans for the less than perfect ballots  and voting machines - almost all of which were designed and run by democrats.

They got the Florida Supremes to nullify the written election laws (and the constitution) of Florida.

Then, most disgustingly, they refused to lose like grown-ups, and have been pushing the myth of a stolen election ever since.

Ironic, since THEY were the ones who were doing all the stealing!

Remember how the normal transition of government was delayed for a couple of months while Gore battled to "find" more votes?

I wonder if those two months could have been put to good use in finding out about and preventing 9/11?

Here's the Solution, Once and For All

Dan Abrams!!  You go an arrange an interview of Justice Scalia by Mr. Turley.  Mr. Turley you can interview the good Justice for one hour.  Take your best shot moron; get every stupid observation you have expressed, regarding the 2000 election, on the table, and let the good Justice kick your moron buttocks all over the studio. Once that's done Mr. Turley, go back in your little hole and shut the hell up. 

Here's the Solution, Once and For All

Dan Abrams!!  You go an arrange an interview of Justice Scalia by Mr. Turley.  Mr. Turley you can interview the good Justice for one hour.  Take your best shot moron; get every stupid observation you have expressed, regarding the 2000 election, on the table, and let the good Justice kick your moron buttocks all over the studio. Once that's done Mr. Turley, go back in your little hole and shut the hell up. 

Gore Lost.  He tried to

Gore Lost.  He tried to steal the election, and failed.  His Party used fraud and voter suppression to win.  They discounted military ballots.  They called the state for Gore early in order to suppress the panhandle vote.  They tried to keep republican observers out of the recount process.  They tried to count spoiled ballots for Gore.  They did all this and more, yet they still lost.

The only reason the US Supreme Court had to intervene is because the Florida Court made a wrong (lefty biased) ruling.

Now these Sore Losermans are trying to eliminate the Electoral College. They also want vote ranking schemes, no voter ID, felons voting, etc. - anything that will allow them to manufacture Democrat victories.

Obvioulsy they believe it's OK to rewrite the rulebook in their favor on a continual basis.