CDR: Re: Aces high (long reply)

[jonathan at screaming.org]

> Even if meant in jest, as a comment on the situation, it undermines
> the basic issue of law.

Hear hear.

I have to say that I agree that what has been proceeding in FL has the
possible impacts of undermining some basic issues of Constitutional
Law(tm). Unfortunately, I also have to agree (on this one issue) with
Commrade Troll G. Orwell vis-a-vis Mr. May's objectivity on this
point(*).

IANAL, but my understanding of the situation is a follows (this is not
a linear or algorithmic logic, just a rough progression of related
observations):

a) The state of Florida has a recent history of poorly conducted
elections, with allegations of tampering, confusion, etc. like those
we now hear being relatively commonplace.

b) The above notwithstanding, Florida state LAW dictates that
Candidates may LAWFULLY request manual recounts of ANY or ALL counties
of their choosing, providing such requests are filed within 72 hours
of the election, and providing they meet other LAWFUL criteria
(emphasis mine, obviously, to make the point that the relevant
statutes don't state that any particular party must be given a clear
advantage in such proceedings, eg. because he's Jewish, or because
Crack Whores like him, etc.--see (f) below).

c) The results of the Florida election remain within a win/lose margin
much smaller than the statistical margin of error of *any* counting
system (by at least one order of magnitude), regardless of counting
mechanism. (Many invokations of the statistics of scale have been
brought to bear on this point in this forum, but the reality remains
that by any rational statistical analysis, the state of Florida must
be considered a draw. No amount of recounting--or lack
thereof--appears to negate this fact. To argue FOR recount after
recount is as statistically invalid as is to argue for NO recounts, as
is to argue for a die toss, a card game, a duel (my favorite, as
someone must die), etc. When a binary decision margin is smaller than
the statistical margin of error, the answer is UNDEFINED. Duh.)

d) As with (c) above, the US popular vote is statistically a draw--but
we have a mechanism to deal with this event: it's called the Electoral
College. As defined in its duties by the Constitution, the delegates
are to meet on Dec 18th IIRC, and there is no provision for them
showing up late. In fact, IIRC, he who gets the majority of them
present wins, and "them" need not be all there could be--just all of
them there that day.

e) As with (c) and (d) above, if Florida can't get their Poop in a
Pile by Dec. 18th, then they don't get to play. Tough shit. (And IMHO,
it serves them right; they've had a demonstrably fucked process for at
least two terms, and haven't fixed it. Maybe this will give the People
of Florida the impetus to get with the ballgame the next time around.)

f) Getting back to Florida's current problems, and (b) above, if GWB's
camp had been on the ball, they'd have requested all of their
recounts, manual or otherwise, within or without of Florida, by the
damn deadlines. Instead, they were too busy Spinning for the Crowd
about how He'd Won (by a statistically invalid margin), and only too
late realized that AG's campaign had taken LAWFUL means to dispute the
Arrogant Son's ascension to his Invalid Throne. The GWB camp then
BROKE THE BARRIER by being the first (in this election) to SUE to stop
a LAWFUL process. Furthermore, the SpinTeam claimed that The Counting
needed to be over expediently--as in NOW--when the reality is, as in
(e) above, they've (Constitutionally) got all the time of a month to
count, count, count, as many times as need be to reduce the win margin
below the error margin.(**)(***)

g) Based on all of the above, the act of a Candidate exercising his
right to call for per-state sanctioned recounts, of whatever
prescribed manner, should not be abbrogated, in case of the event that
a statistically valid margin can be demonstrated, in however partisan
a manner (they've both got the same rules to play by). This is what we
call the Rule Of Law (cf. May above). Any Secretary of State,
Candidate, or Lawscum seeking to abbrogate that process has earned
killing.

h) As above: It is the Constitutional right of each State to send
Electoral Delegates on Dec 18th, though it is apparent that Federal
Judges appropriately have some jurisdiction over how Federal Elections
are certified (i.e. prejudiced Sec's of State cannot ignore the actual
ballots and lawful process, and certify whatever result pleases them,
voters be damned).  Ultimately, however, it is up to the States to
sort out their own messes to the satisfaction of Federal oversight in
Federal elections--as it should be(****). 


In the end, whoever plays best by the Rules Of Law, and gets the most
Electoral Votes of them what was present, ought to win. And if anyone,
and I mean anyone at all, abbrogates this responsibility, I say we
load Mr. May's guns for him and shove him out the door (load his truck
with dynamite, etc.)...


/jonathan



(*) To whom it might concern: I've been lurking here the Guilded and
Proscribed Waiting Period, and have consequently learned much. I came
here a lowly though learned security architect--and Libertarian--and
have been guided towards the way of CryptoAnarchy by the likes of such
prolific persons as Surly Tim May, Anti-Physics Choate, Esteemed
Journalist Declan, Vigilant John Young, and a host of other
characters. (In this respect I owe you all a sincere debt of
gratitude.) I also happen to be a fan of shock-art in any form, and
have admired Mr. May for his fomenting talents for some time -- my own
visual art pieces pale in comparison to his simple "needs killing"
theme. (Please keep up the good work, BTW, you are a necessary
anti-cog in the anti-machine, man.)

(**) Clearly this is not possible, as many here have implied. The only
statistically valid response on the part of the State of Florida is to
call it a Draw and send no delegates. But as Partisan Politics rage
on, the Bush Lobbyist^H^H^H^H^H^H^H^H^H^H^H^HSecretary of State will
have to see fit to "certify the count" regardless of its statistical
validity. And then go to court, and appeal, and so on, ad infinitum.

(***) Disclosure: I voted for neither Major Party Candiddate, have
respect for neither, and would be pleased to see them both drown in
their own shit. I live in Montana (for those of you who are of the
conviction that I Need Killing(tm), and are brave enough to find and
storm my compound); consequently my vote was for naught via the
Electoral College, the wisdom of which may or may not be sound.

(****) Unlike some others present, I do not cotton to claims that VP
Gore carries some clear manipulative advatage. Certainly his is
extant, but so is that of his opponent. For Pete's Sake(tm), he is the
Favored Son of ex-CIA Director, ex-President Bush, and Heir Apparent
to the Whole Host of Reaganite Republicans. As with the vote, both
popular and by state, they are equally matched in this regard, IMHO.