As county canvassing boards thumbed through ballots the morning of Nov. 8, Baker helped to ensure that a Democratic lawyer and a field operative were present at every board in every county.
"In most of these counties, there wasn't a recount," he said. "Largely, [we knew] this was gonna be fought in four populated counties--Dade, Broward, Palm Beach and Volusia."
And so it was. Baker knew that the allegation garnering the most sympathy--the butterfly ballots in Palm Beach--might make good television but wouldn't make good law.
Under Florida law, Gore had every right to contest the state's certification.
But the state standard is strict: absent evidence of fraud, he had to prove to a judge, with a reasonable degree of certainty, that ballot and counting irregularities had the potential to change the outcome of the election.
Yesterday, Judge N. Saunders Sauls ruled that Gore's lawyers, led by David Boies, had failed to meet the burden of proof.
Although Gore's trial attorneys have taken pains not to criticize the judge, Sasso was less reticent.
"I think he used the wrong legal standard," he said.
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