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Politics : Al Gore vs George Bush: the moderate's perspective

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To: brutusdog who started this subject12/4/2000 7:37:13 AM
From: Robert Scott  Read Replies (2) of 10042
 
Contest proceeding:

This is a factual determination and Gore needed to prove that based on the evidence, the result would change or be placed in doubt. From what I saw, he did not prove this. It's not a matter that the election is close - he must prove the above. Gore's witnesses were discredited and thus their testimony would be given little weight. As they only called 2 witnesses, it seems they counted on the judge ruling as a matter of law that they would win. This was a gross error because the contest provision requires a factual finding. If the judge rules that the Gore team did not prove sufficiently that the result would change or be placed in doubt - it's over - because an appeals court virtually never finds error in the findings of fact in a lower court. Why? Because the appeals court did not hear the testimony, did not see the witnesses and how they responded and acted, and credibility (how believable they were) is very crucial in factual findings. Even if the appeals court finds an error in the application of law by the trial judge, the ruling (if in favor of Bush) will not be thrown out because the factual findings are the basis of a contest. Further, finding an error in the factual findings in a case of this magnitude would be viewed as very, very partisan and would be overturned on appeal to the US Supreme Court. If not, it would cast such a cloud over this election that I doubt Gore could ever lead this nation. We have an opportunity for finality with the trial judges decision. He can end this now based on sound legal principles after a trial on the merits.
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