From US News and World Report:
By Gloria Borger
The perfect storm
The Clinton legacy: Leave it up to the lawyers
It must have been so comforting for Al Gore when Bill Clinton phoned in just after 4 o'clock Wednesday morning. Florida was hanging in the balance; so were Gore's chances to replace Clinton. The president, ever the consultant in chief, congratulated Gore on his improving numbers. Then he and Gore had a chuckle about what Clinton called "the unpredictability of life." Ha, ha.
But wait. Maybe, post-Clinton, this wasn't so unpredictable. Not the close election and not its wild aftermath: the challenges and counterchallenges, the mutual claims of moral rectitude, the conviction of each side that it was acting to preserve the national firmament. Didn't we hear that during impeachment? It's a fitting legacy to the Clinton years–a messy election, a politically charged aftermath, a fight to the finish. And when all else fails, let the lawyers take over.
Only in a post-Clinton world could Richard Nixon be held up as the very picture of statesmanship. He decided 40 years ago not to contest the election–despite word of massive voter fraud in Chicago and Texas. "The effect," he wrote, "could be devastating to America's foreign relations. . . . Charges of 'sore loser' would follow me through history and remove any possibility of a further political career." In truth, Nixon is not a completely apt model: Gore's election is much, much closer. In fact, Gore's predicament could make him a truly sympathetic figure for the first time; his popular vote victory preserves his stature as the leader of the Democratic Party–which, if he finds a way to make peace with Bush, could come in handy in four years. But, if he decides to buy the lottery ticket now, he has to win it.
Been there, done that. So how far does he take it? Any decision is painful: If he loses the Florida recount, does he proceed with legal action demanding another ballot in Palm Beach County, where more than 19,000 votes were discarded because of a confusing ballot? And if he does, what stops the Bush campaign from demanding recounts in closely contested states like Iowa, Wisconsin, and New Mexico? "If they do that," warns a top Gore adviser, "this will spin out of control." Talk about spin. The election is over, but this campaign is in overdrive. As in: "This election is not over," say the Gore warriors. Stop the "endless challenges," respond the Bush warriors. And so on.
It shouldn't surprise us, really. Remember that during impeachment, the president phoned his friend Dick Morris after the consultant had done some overnight polling on whether the public would accept a president who had perjured himself. Morris told Clinton that the voters "are just not ready for it." Replied Clinton: "Well, we just have to win then." For both sides, it was always about winning–not about preserving the Constitution, or restoring dignity to the Oval Office, or respecting the voters. For Newt Gingrich, Bill Clinton, and their followers, it was a holy war; for the voters, it became a disgusting display of scorched-earth politics.
Which is, of course, exactly what they voted against in this election. So there's a certain irony here: Both Gore and Bush worked during this campaign to distance themselves from the tem- plate of the Clinton years. Gore stayed away from the president like the plague, and Bush used Bill Clinton's character as a campaign mainstay. Only now Gore is poised on the edge of a fight guaranteed to esca- late into a messy, shameless display not unlike impeachment: a partisan battle drawn around a legal process to achieve a political outcome. Been there, done that.
It's hard not to feel for Gore, who has won the popular vote and may well have won the state of Florida, and the election, had all the votes that were cast been counted. And it's also easy to sympathize with Gore when the Bush campaign acts as if none of this is happening. His staff preferred to talk about matters of the presidential transition; they portrayed Bush as "calm." (Did anyone ask?) All this, of course, as Bush's vote count in Florida dwindled to a margin worthy of a school board election in Waco.
So let the votes be counted. Gore's Rubicon comes after the recount. If he loses, does he "stay and fight," as he chanted during the campaign? If he does, will the public be with him? Gore must understand the lesson of impeachment: No political leader can wage a lonely war. Gore will need the support of party leaders, and some Democrats last week warned Gore that a protracted battle would be a national disaster. Louisiana Democrat John Breaux publicly advised what many were saying privately–"count the votes and respect the decision." Otherwise, says a top Democratic strategist, "it's like killing the king. If Gore tries, he had better win–or he destroys himself."
Bill Clinton believed his impeachment fight was a badge of honor, and he was wrong. After the count, Al Gore can turn this election into his badge of honor, and he would be right.
Gloria Borger is also a CBS News special correspondent.