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Appellate Court May Rehear Arguments in Recall Case

Aired September 17, 2003 - 10:14   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.


DARYN KAGAN, CNN ANCHOR: There are court decisions and possible redecisions in the California recall race. The same court that decided on Monday to postpone the election may now reconsider that order, of course. Our national correspondent Bob Franken is live in Los Angeles beginning with the heavy day of court action today. Bob, good morning.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning. Let me try and explain the legal situation this way. The best way to explain it is probably to take a look at all of the paperwork that's been filed, throw it up in the air and you have some idea of what's going to in the legal situation right now.

The appeals court is going to decide whether its en banc hearing should be held. En banc usually means the whole court. In this case it would be an 11-judge panel. They've asked the parties in this particular case to give their reasons why there should be an appeal of the ruling by the three-judge panel earlier this week that the election should be delayed starting on Monday.

It is considered a strong possibility that there will be such a hearing. It's going to be one that will probably happen quickly. Part of prodded by the fact that the appeals court about to lose some of its very precious turf to the U.S. Supreme Court because everybody was deciding to bypass the appeals court and go straight to the highest court.

But now they have to take care of this part first. A hearing will be held, perhaps in the next day or so. Although, of course, Daryn, as you know, things in the legal profession do not usually move at warp speed. But time is a big factor here.

KAGAN: It is of the essence in California. Also not really working on the side of Arnold Schwarzenegger if this would be delayed. He seems to keep sticking his foot in his mouth. Big foot, big mouth.

FRANKEN: He keeps on trying to unstick it. Of course so many of these had to do with his comments about women, comments of yesteryear and on more recent ones. for instance, he's now trying to explain away what he had to say about the latest filming of "The Terminator" movie and what he had to say about putting a woman's head in the toilet.

(BEGIN VIDEO CLIP)

ARNOLD SCHWARZENEGGER (R), CALIF. GOV. CANDIDATE: What I said was in "Terminator" we had this unbelievable fight scene, me against the female terminator. And what was great about it was because we could do things because we are two machines.

Therefore we could get away with all kind of fight scenes where we were hitting each other, trying to destroy each other, me picking her up upside down and stuffing her down the toilet, because she was a machine, she wasn't a woman. She was a machine.

That's what I was trying to explain. Do you get it? It has nothing to do with women or anti-women. I love women, trust me. OK?

(END VIDEO CLIP)

FRANKEN: As I understand this, Daryn, what he's saying is he hates machines.

KAGAN: Yes, the machine lobby is out to get him now. I think loving women might be a different problem, but that's another story.

(LAUGHTER)

KAGAN: Now he has agreed to participate in one debate. And what can you tell us about that?

FRANKEN: Well, that of course, is the one that the California broadcasters have decided that well, they're going to submit the questions in advance. And they have.

And they are hard-hitting ones, Daryn. Try and follow. Here's one of them. "What do you expect to accomplish in the time remaining on Gray Davis' term that he could not?" And they have a whole week to prepare for this.

KAGAN: Wow! Do you get extra points for good spelling?

(LAUGHTER)

KAGAN: It will be interesting to watch and to watch the court action as well. Bob, thank you for that. Bob Franken in Los Angeles.

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 September 17, 2003 - 10:14   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: There are court decisions and possible redecisions in the California recall race. The same court that decided on Monday to postpone the election may now reconsider that order, of course. Our national correspondent Bob Franken is live in Los Angeles beginning with the heavy day of court action today. Bob, good morning.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning. Let me try and explain the legal situation this way. The best way to explain it is probably to take a look at all of the paperwork that's been filed, throw it up in the air and you have some idea of what's going to in the legal situation right now.

The appeals court is going to decide whether its en banc hearing should be held. En banc usually means the whole court. In this case it would be an 11-judge panel. They've asked the parties in this particular case to give their reasons why there should be an appeal of the ruling by the three-judge panel earlier this week that the election should be delayed starting on Monday.

It is considered a strong possibility that there will be such a hearing. It's going to be one that will probably happen quickly. Part of prodded by the fact that the appeals court about to lose some of its very precious turf to the U.S. Supreme Court because everybody was deciding to bypass the appeals court and go straight to the highest court.

But now they have to take care of this part first. A hearing will be held, perhaps in the next day or so. Although, of course, Daryn, as you know, things in the legal profession do not usually move at warp speed. But time is a big factor here.

KAGAN: It is of the essence in California. Also not really working on the side of Arnold Schwarzenegger if this would be delayed. He seems to keep sticking his foot in his mouth. Big foot, big mouth.

FRANKEN: He keeps on trying to unstick it. Of course so many of these had to do with his comments about women, comments of yesteryear and on more recent ones. for instance, he's now trying to explain away what he had to say about the latest filming of "The Terminator" movie and what he had to say about putting a woman's head in the toilet.

(BEGIN VIDEO CLIP)

ARNOLD SCHWARZENEGGER (R), CALIF. GOV. CANDIDATE: What I said was in "Terminator" we had this unbelievable fight scene, me against the female terminator. And what was great about it was because we could do things because we are two machines.

Therefore we could get away with all kind of fight scenes where we were hitting each other, trying to destroy each other, me picking her up upside down and stuffing her down the toilet, because she was a machine, she wasn't a woman. She was a machine.

That's what I was trying to explain. Do you get it? It has nothing to do with women or anti-women. I love women, trust me. OK?

(END VIDEO CLIP)

FRANKEN: As I understand this, Daryn, what he's saying is he hates machines.

KAGAN: Yes, the machine lobby is out to get him now. I think loving women might be a different problem, but that's another story.

(LAUGHTER)

KAGAN: Now he has agreed to participate in one debate. And what can you tell us about that?

FRANKEN: Well, that of course, is the one that the California broadcasters have decided that well, they're going to submit the questions in advance. And they have.

And they are hard-hitting ones, Daryn. Try and follow. Here's one of them. "What do you expect to accomplish in the time remaining on Gray Davis' term that he could not?" And they have a whole week to prepare for this.

KAGAN: Wow! Do you get extra points for good spelling?

(LAUGHTER)

KAGAN: It will be interesting to watch and to watch the court action as well. Bob, thank you for that. Bob Franken in Los Angeles.

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