To: Scumbria who wrote (122004 ) 12/11/2000 2:50:13 AM From: The Duke of URLĀ© Read Replies (1) | Respond to of 186894 I would argue tomorrow that KH changed the election rules by blocking hand recounts, Intellectually your argument is, and I don't wish to seem indelicate here, dorky. :)) The "Rule" that "KH" followed exactly was "seven days". The rule is based on the Legislative assumption that clear intent may be readily determined in a VERY short period of time. The longer the time it takes to determine "intent" the less clear that intent, by law, is. One of the reasons that we have been dicking around for the last month is that for some reason, the attorneys for Bush (at the state appellate level, at least) seem to understand less about legal reasoning than you do. What Boies (and he is brilliant) argued in part in J. Sauls' court was that these ballots were votes for Gore more than they were votes for Bush. Sauls ruled two things that will be of moment to the Supreme Court tomorrow. One, that Boies did not establish as a statistical fact that these uncounted ballots were illegally not counted; and, Two, that he had not established that any of them were legal 'votes'. He held that Boies must establish these things by a reasonable probability. The FSC to overrule Sauls, changed the Burden of Proof so that in effect there was no burden of proof. All Boies had to do they said, in essence, was present them. I have BRIEFLY looked at the new statute which Boies claimed changed the burden of proof. It is, simply not there. By changing the Burden after the election, as to how to count votes, you are changing the rules and you are changing not what is, but how to determine a "vote". Richard argued this point very poorly. Ted Olsen, argued the same point in front of the USSC very well. I think Richard sought to change his mind in a supplemental brief filed 24 hours after the case was heard, telling the FSC they had no right to do this, and I am guessing, that pissed them off. So tomorrow, the USSC may say changing the B/P changes what is a vote, and they may remind the FSC, that they have vacated the last order of the FSC and that the only cert date hanging around in the Nov. 7th date. Which is harsh, hyper-technical, but unfortunately, true. Tammarrooo it will be Olsen v. Boies. Laaaaadies and Genntlemeeenn.......THE BATTLE FOR THE CHADDLE and the outcome will affect Seattle!! (all of the above is based on sporadic miniscule noodling only, one would have to spend a great deal of time on this to really get a good answer, and there's no need, we'll know eventually)