Timbre of a TimeFree Mind

[John Dean. Findlaw.com]

This next presidential election, on November 2, may be followed by post-election chaos unlike any we've ever known.

Look at the swirling, ugly currents currently at work in this conspicuously close race. There is Republicans' history of going negative to win elections. There is Karl Rove's disposition to challenge close elections in post-election brawls. And there is Democrats' (and others) new unwillingness to roll over, as was done in 2000. Finally, look at the fact that a half-dozen lawsuits are in the works in the key states and more are being developed.

This is a climate for trouble. A storm warning is appropriate. In the end, attorneys and legal strategy could prove as important, if not more so, to the outcome of this election as the traditional political strategists and strategy.

Let's go over each factor that spells trouble - and see how they may combine.

A GOP Disposition For Nasty Campaigns

Before this year's race, the 1988 presidential race between George H. W. Bush and Michael Dukakis was well-known as the most foul of modern campaigns. The Bush campaign used Willie Horton to smear their way to the White House - with Lee Atwater playing the hardest of hardball.

Horton was a convicted murderer. Massachusetts Governor Dukakis gave him a prison furlough. Once furloughed, Horton held a white Maryland couple hostage for twelve hours, raping the woman and stabbing the man. By using these facts - and Horton's mug shot - in a heavy-handed negative advertisement, Atwater turned the election for Bush. As a Southerner, especially, he must have understood how the ad catered to racial prejudice.

In the 2000 Republican primary race, George W. Bush used similar tactics against Senator John McCain. That's no surprise: Bush's political strategist Karl Rove, and Bush himself, were protégées' and admirers of Lee Atwater. To my knowledge, all of Rove's campaigns have accentuated the negative - often dwelling exclusively on nasty attacks. This one is no exception.

Thus, if Bush narrowly prevails on Election Day, the Democrats are likely to be in a less than congenial mood - and especially likely to go to court. And there will doubtless be fodder for litigation, given the GOP's propensity to try to disqualify votes and voters.
This next presidential election, on November 2, may be followed by post-election chaos unlike any we've ever known

Look at the swirling, ugly currents currently at work in this conspicuously close race. There is Republicans' history of going negative to win elections. There is Karl Rove's disposition to challenge close elections in post-election brawls. And there is Democrats' (and others) new unwillingness to roll over, as was done in 2000. Finally, look at the fact that a half-dozen lawsuits are in the works in the key states and more are being developed.

This is a climate for trouble. A storm warning is appropriate. In the end, attorneys and legal strategy could prove as important, if not more so, to the outcome of this election as the traditional political strategists and strategy.
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