Hi CB,
Well, I assume that Boies has stronger argument he hasn't made yet, otherwise he shouldn't be there. You know what they say about assumptions. :)
The argument to start counting the votes immediately was a sure loser, but if the client insists, what can you do? I like the way Molly Ivins puts it. You dance with them that brought you to the party.
What standards to use, dude? That seems to be the 64,000 vote question. At this point in time, the FL SC has given guidance, Hartke and Pullen v. Milligan. What Sauls concocts is most likely going to be cockamamie and immediately challengeable by the Dems on appeal.
Isn't that why you're there? Quite simply, Mr. Gore is there for 538 votes. It's really just that simple. How he gets them is a multivariate pastiche of argumentation.
So what is the point of counting without establishing standards in advance? There is very good precedent in any number of states. Unfortunately for Mr. Gore, the general practice in Florida in the past has been to throw out the undervotes and move on. Thus, Gov. Bush is simply calling for business as usual. Or rather, his handlers are. I doubt Dubya could figure out 3% of his legal case. After all, he's a leader, not a thinker.
Best, Ray |