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Alabama Chief Justice Defies Federal Court Order

Aired August 22, 2003 - 11:06   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


LEON HARRIS, CNN ANCHOR: Alabama's chief justice, Roy Moore, remains steadfast today. He is refusing to remove his Ten Commandments monument, and this, against the orders of two federal courts and his colleagues on the Alabama bench.
Our David Mattingly is in Montgomery, Alabama, this morning, and he is there watching for the next step in this charged debate.

David -- good morning. Give us an update.

DAVID MATTINGLY, CNN CORRESPONDENT: Well, Leon, a little over an hour ago, all of the participants in this case had a conference call with the federal judge who issued the court order that this monument be removed. And at that time, the plaintiffs walked away satisfied that the state of Alabama is doing everything it can right now to move the monument as quickly as possible. Of course, there are a lot of logistics to be worked out.

But the plaintiffs, again, are not going to pursue the contempt charges at this time. They have set up another meeting -- another conference call a week from now, and they said they could revisit those contempt charges, in which the state of Alabama could be fined $5,000 a day for not complying, if the monument has not been moved at that time.

We're going to step over here and show you exactly what this is all about right now. These are the glass doors to the judicial building that have remained locked to the public. No one is allowed to go inside the building. But there it is at the end of the rotunda you see the monument to the Ten Commandments, the two and a half ton granite monument that has been there for two years now.

It was placed there by Justice Roy Moore, and his future is now under consideration because of a complaint filed by the plaintiffs. He is going before a judicial board of inquiry. The board of inquiry is going to consider that complaint filed by the plaintiffs to see if there is any evidence of judicial misconduct on the part of Justice Moore. And if they determine there is enough evidence, that could go to a judicial court here in the state of Alabama. And down the road, that could lead to Moore's dismissal, if they find there is enough evidence and find him guilty of misconduct. But, again, that's pretty far down the road right now.

What we see going on outside is the same thing we've seen going on for the last couple of days -- people gathering outside on the steps of the judicial building, a lot of people here. All of these people supporting Justice Moore and his cause. Some of these people staying out here all night long keeping an eye on the monument.

Again, Leon, everyone just waiting to find out here what happens next -- Leon.

HARRIS: David, let me ask you something about Judge Roy Moore. I mean, there are some who say that it appears as though he's almost -- well, he's enjoying the time he is spending here in the spotlight. And it's obvious that he's a big hero to the people who have been coming there and assembling there on the steps there of the courthouse. But you've been there for a few days now. Do you have a sense from what you're reading in the papers and hearing on the media in that local area that this is something that people there are very proud of to see happening and unfolding from their area there and being covered and followed by media across the country?

MATTINGLY: Well, there are a couple of things going on right now. You see some relief on the part of state officials and some of Moore's colleagues here that his fellow justices did act on their own and say that the monument needs to be removed to help avoid having any sort of a state fine. And as far as what sort of public support, wide support Moore has among the voters of the state of Alabama, remember, his position is an elected position.

Probably the best way to answer that is to go back and look at some recent history. He was a circuit judge in Gadsden, Alabama. He attempted to put a wooden representation of the Ten Commandments up in his courtroom. There was a lawsuit in that case as well and a public outcry. And the support he received from that actually helped put him in the office that he has today.

So, there is some widespread support for Justice Moore in what he's trying to do here.

HARRIS: Yes. So, essentially, he is preaching to the choir, to use a better term. All right, thanks, David -- David Mattingly in Montgomery, Alabama. We'll leave David there for the time being, folks, and he'll check in with us and he'll let us know exactly how things are playing out there.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.






Aired August 22, 2003 - 11:06   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Alabama's chief justice, Roy Moore, remains steadfast today. He is refusing to remove his Ten Commandments monument, and this, against the orders of two federal courts and his colleagues on the Alabama bench.
Our David Mattingly is in Montgomery, Alabama, this morning, and he is there watching for the next step in this charged debate.

David -- good morning. Give us an update.

DAVID MATTINGLY, CNN CORRESPONDENT: Well, Leon, a little over an hour ago, all of the participants in this case had a conference call with the federal judge who issued the court order that this monument be removed. And at that time, the plaintiffs walked away satisfied that the state of Alabama is doing everything it can right now to move the monument as quickly as possible. Of course, there are a lot of logistics to be worked out.

But the plaintiffs, again, are not going to pursue the contempt charges at this time. They have set up another meeting -- another conference call a week from now, and they said they could revisit those contempt charges, in which the state of Alabama could be fined $5,000 a day for not complying, if the monument has not been moved at that time.

We're going to step over here and show you exactly what this is all about right now. These are the glass doors to the judicial building that have remained locked to the public. No one is allowed to go inside the building. But there it is at the end of the rotunda you see the monument to the Ten Commandments, the two and a half ton granite monument that has been there for two years now.

It was placed there by Justice Roy Moore, and his future is now under consideration because of a complaint filed by the plaintiffs. He is going before a judicial board of inquiry. The board of inquiry is going to consider that complaint filed by the plaintiffs to see if there is any evidence of judicial misconduct on the part of Justice Moore. And if they determine there is enough evidence, that could go to a judicial court here in the state of Alabama. And down the road, that could lead to Moore's dismissal, if they find there is enough evidence and find him guilty of misconduct. But, again, that's pretty far down the road right now.

What we see going on outside is the same thing we've seen going on for the last couple of days -- people gathering outside on the steps of the judicial building, a lot of people here. All of these people supporting Justice Moore and his cause. Some of these people staying out here all night long keeping an eye on the monument.

Again, Leon, everyone just waiting to find out here what happens next -- Leon.

HARRIS: David, let me ask you something about Judge Roy Moore. I mean, there are some who say that it appears as though he's almost -- well, he's enjoying the time he is spending here in the spotlight. And it's obvious that he's a big hero to the people who have been coming there and assembling there on the steps there of the courthouse. But you've been there for a few days now. Do you have a sense from what you're reading in the papers and hearing on the media in that local area that this is something that people there are very proud of to see happening and unfolding from their area there and being covered and followed by media across the country?

MATTINGLY: Well, there are a couple of things going on right now. You see some relief on the part of state officials and some of Moore's colleagues here that his fellow justices did act on their own and say that the monument needs to be removed to help avoid having any sort of a state fine. And as far as what sort of public support, wide support Moore has among the voters of the state of Alabama, remember, his position is an elected position.

Probably the best way to answer that is to go back and look at some recent history. He was a circuit judge in Gadsden, Alabama. He attempted to put a wooden representation of the Ten Commandments up in his courtroom. There was a lawsuit in that case as well and a public outcry. And the support he received from that actually helped put him in the office that he has today.

So, there is some widespread support for Justice Moore in what he's trying to do here.

HARRIS: Yes. So, essentially, he is preaching to the choir, to use a better term. All right, thanks, David -- David Mattingly in Montgomery, Alabama. We'll leave David there for the time being, folks, and he'll check in with us and he'll let us know exactly how things are playing out there.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.