>>> I HAVE A LOT TO BE THANKFUL FOR TONIGHT.
FOR TONIGHT. I’M THANKFUL FOR AMERICA AND
THANKFUL THAT WE ARE ABLE TO
RESOLVE OUR ELECTORAL
DIFFERENCES IN A PEACEFUL WAY.
>> MORE THAN 18 YEARS HAVE
PASSED SINCE GEORGE W. BUSH GAVE
THAT VICTORY SPEECH.
SINCE HANGING CHADS AND
BUTTERFLY BALLOTS HAVE BECOME A
PART OF THE AMERICAN LEXICON
DURING THAT 2000 PRESIDENTIAL
RECOUNT.
RECOUNT. AND AS WE SAID FLORIDA IS NO
RECOUNTING ALL OF THE VOTES IN
LAST WEEK’S TOO CLOSE TO CALL
ELECTIONS FOR SENATOR AND
GOVERNOR.
GOVERNOR. AND ONE OF THE LAWYERS WHO
HELPED PUT GEORGE W. BUSH IN THE
WHITE HOUSE IS TRYING TO PUT ONE
OF THIS YEAR’S CANDIDATES IN THE
GOVERNOR’S MANSION.
GOVERNOR’S MANSION. BUT THIS TIME AROUND HE IS ON
THE SIDE OF THE DEMOCRAT, ANDREW
GILLUM.
GILLUM. THAT LAWYER IS BARRY RICHARD.
HE JOINS US NOW LIVE FROM
TALLAHASSEE.
TALLAHASSEE. BARRY, THANK YOU FOR JOINING US.
>> THANKS FOR HAVING ME.
>> AND WHAT IS IN YOUR OPINION
THE KEY DIFFERENCE BETWEEN 2018
AND 2000?
AND 2000? >> THE KEY DIFFERENCE REALLY IS
JUST IN THE STATUTES, THAT AFTER
2000 THE LEGISLATOR
OVERWHELMINGLY WITH BIPARTISAN
SUPPORT MADE AMENDMENTS TO
FLORIDA STATUTES TO MAKE IT MORE
EFFICIENT, AND WE ARE LIVING
WITH THAT NOW.
AND IT IS MORE EFFICIENT.
WE’RE BEGINNING TO DISCOVER SOME
PROBLEMS WITH IT WHERE SOME OF
THE EFFICIENCY HAS BEEN AT THE
EXPENSE OF THE ABILITY TO COUNT
EVERY VOTE.
EVERY VOTE. BUT IT’S FAR LESS CUMBERSOME
THAN IT WAS LAST TIME.
>> I KNOW YOU WERE CONSIDERING A
LAWSUIT.
LAWSUIT. WHERE DOES THAT STAND, AND WHAT
MIGHT YOU DO NEXT FOR THE GILLUM
CAMPAIGN?
CAMPAIGN? >> WELL, MAYOR GILLUM IS WAITING
UNTIL ALL OF THE EVIDENCE IS IN
TO DECIDE WHETHER OR NOT HE HAS
A VIABLE LAWSUIT AND WHETHER HE
FEELS THAT IT MAKES SENSE, AND
WE’RE KEEPING HIM APPRISED OF
THE EVIDENCE AS IT COMES IN, AND
WE’RE ADVISING HIM OF HIS RIGHTS
AND AT SOME POINT HE’LL MAKE A
DECISION.
DECISION. >> AND WHAT WOULD YOU BE LOOKING
AT?
AT? COUNTIES MISSING THE DEADLINE,
BALLOTS NOT COUNTED?
WHAT IS MOST CONCERNING YOU
RIGHT NOW?
RIGHT NOW? >> WELL, YOU JUST NAMED TWO OF
THEM.
THEM. WELL, YOU NAMED THE TWO.
THERE ARE SOME COUNTIES
INDICATING THEY MAY NOT MEET THE
DEADLINE.
DEADLINE. THAT’S AN EQUAL PROTECTION
PROBLEM AND IT’S A SERIOUS
PROBLEM FOR THE SYSTEM.
THERE ARE ALSO INSTANCES IN
WHICH BALLOTS ARE NOT BEING
COUNTED FOR MULTIPLE REASONS.
SOME OF THEM ARE KICKED OUT BY
THE MACHINES BECAUSE OF
UNDERVOTES, MEANING THAT THERE
WERE NO VOTES IN ONE OF THE
RACES OR OVERVOTES WHERE TWO
VOTES WERE CAST, AND IT’S
SOMETIMES DISCOVERED THAT IT WAS
A MACHINE FAULT.
THERE ARE SOME INSTANCES WHERE
PEOPLE JUST MARKED IT WRONG.
THEY CIRCLED THE LITTLE BUBBLE
INSTEAD OF FILL IT IN OR THEY
WROTE THE CANDIDATE’S NAME IN
THE WRITE-IN BOX BUT IT WAS
CLEAR WHAT THE VOTER INTENDED.
THERE ARE OTHER INSTANCES IN
WHICH THE ENVELOPE IN WHICH A
MAIL-IN BALLOT CAME IN THAT HAD
A SIGNATURE ON IT THAT DIDN’T
APPEAR TO BE CONSISTENT WITH THE
SIGNATURE OF THE RECORD.
WHEN I WAS 21 YEARS OLD AND I
FIRST VOTED, AND MY SIGNATURE
DOESN’T LOOK ANYTHING LIKE THAT
TODAY.
TODAY. THESE ARE NOT FRAUD PROBLEMS.
THEY’RE PROBLEMS WITH THE
SYSTEM, AND THEY HAVE TO BE
CORRECTED.
CORRECTED. BUT IN THE MEANTIME WE HAVE TO
ENSURE EVERYBODY’S VOTE IS
COUNTED.
COUNTED. >> WHAT DO YOU THINK OF THE
RHETORIC THAT IS COMING OUT OF
FLORIDA?
FLORIDA? GOVERNOR SCOTT SAYING THAT BILL
NELSON’S TRYING TO STEAL THE
ELECTION?
ELECTION? THE PRESIDENT SAYING THERE’S
FRAUD, THAT VOTES ARE APPEARING
OUT OF NOWHERE?
YEB BUSH HAS
JEB BUSH HAS TWEETED ABOUT THIS.
SO HAS MARCO RUBIO.
>> YOU KNOW, IN CLOSE ELECTIONS
OF THIS TIME, THIS TYPE OF
RHETORIC IN MY EXPERIENCE IS NOT
UNUSUAL.
UNUSUAL. I’VE REPRESENTED REPUBLICANS AND
DEMOCRATS, WINNERS AND LOSERS
AND UNFORTUNATELY IT’S PART OF
THE PROGRAM.
THE PROGRAM. BUT THE REALITY IS THAT EVERY
CANDIDATE IN A CLOSE ELECTION
TURNS TO HIS LAWYER AND SAYS DO
I HAVE A CHANCE AT WINNING THIS
IN COURT.
IN COURT. MAYBE THERE’S SOMEXES BUT I
HAVEN’T SEEN THEM.
AND THE OTHER SIDE IS ALWAYS
SAYING HE’S TRYING TO STEAL THE
ELECTION.
ELECTION. BUT FORTUNATELY WE HAVE A VERY
STABLE ELECTORAL SYSTEM IN THIS
STATE AND THIS COUNTRY WE CAN BE
PROUD OF, AND THE WAY WE RESOLVE
THESE THINGS IS IN THE COURTROOM
NOT IN THE STREETS.
SO THIS IS NORMAL DEMOCRATIC
PROCESS THAT WE’RE FOLLOWING.
>> WELL, LET’S PLAY A SOUND BITE
FROM THE COURTROOM.
HERE’S THE FLORIDA CHIEF CIRCUIT
JUDGE JACK TUDOR TELLING LAWYERS
IN THE CASE, THE GILLUM-DeSANTIS
CASE TO TAMP DOWN THEIR
RHETORIC.
RHETORIC. >> I’M URGING BECAUSE OF THE
HARD PUBLIC NATURE OF THIS CASE
TO RAMP DOWN THE RHETORIC.
EVERYTHING THEY’RE SAYING OUT
THERE IN FRONT OF THE ELECTIONS
OFFICE IS BEING BEAMED ALL OVER
THE COUNTRY.
THE COUNTRY. WE NEED TO BE CAREFUL WHAT WE
SAY.
SAY. THESE WORDS MEAN THINGS THESE
DAYS.
DAYS. >> WORDS DO MEAN THINGS -- AND I
SHOULD CORRECT MYSELF, IT’S THE
NELSON-SQUAUT
NELSON-SQUAUT NELSON-SCOTT CASE NOT THE
GILLUM-DeSANTIS CASE.
GILLUM-DeSANTIS CASE. THE JUDGE CONCERNED.
BUT YOUSY THIS HAPPENS ALL THE
TIME.
TIME. WE DIDN’T HAVE A PRESIDENT
CLAIMING FRAUD BACK IN 2000 WHEN
HE DIDN’T THINK HE’D WIN
SOMETHING.
SOMETHING. >> I DIDN’T MEAN THE SUGGEST THE
LIRS ARE LIKE THIS ALL THE TIME.
I MEAN THE CANDIDATES ARE
FREQUENTLY LIKE THIS.
FOR ONE THING I DIDN’T SEE IT
FIRST-HAND.
FIRST-HAND. I CAN ONLY TELL YOU WHAT MY
PRACTICE IS, AND MY PRACTICE IS
THAT I TALK ABOUT THE LAW.
I DON’T GET INVOLVED IN THE
POLITICAL RHETORIC.
POLITICAL RHETORIC. >> BARRY, DO YOU THINK GILLUM
HAS A CHANCE?
>> OF COURSE HE’S GOT A CHANCE.
THE LEGISLATOR MADE THAT
JUDGMENT WHEN THEY PASSED THE
STATUTE THAT SAID THAT IF YOU
COME WITHIN A HALF OF A PERCENT
YOU HAVE A CHANCE.
IFIOCOME WITHIN A QUARTER OF A
PERCENT YOU HAVE SUCH A GOOD
CHANCE THAT WE’RE GOING TO DO A