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Judge's Ruling Imminent in California Recall Challenge

Aired August 20, 2003 - 15:30   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.


KYRA PHILLIPS, CNN ANCHOR: Will the California recall be rescheduled or will the ACLU be rebuffed in federal court?
We'll know any second now, right, Bob Franken?

BOB FRANKEN, CNN CORRESPONDENT: They tell us.

The judge has -- in the hearing that was held two days ago, asked some very skeptical questions about the American Civil Liberty Union's lawsuit asking for a delay in the election, saying that because the six more populous counties still use the discredited pun chard ballots, that people could be disenfranchised and denied their constitutional rights. The judge was skeptical, saying that usually in the case like this it has to be proven that there is intentional discrimination, which he said probably did not exist in this particular case, in addition to which the judge suggested, in his line of questioning, wouldn't he deny the will of the California voters under the state law if he, in fact, delayed the election beyond the time that it was supposed to be held? Oftentimes that is a barometer of what the judge is going to rule. But just as often, the judges will do this as a way of protecting the record, so they can make the point that they've been as fair to both sides as they possibly could be.

We'll find all that out in the next short while. The judge has said that he wants to make the ruling by today because he knows that one side or the other is going to file an appeal. In the words of the judge, Steven V. Wilson, who by the way is a Ronald Reagan appointment -- in his words, "Somebody is going to be unhappy." We'll find out just who that is in just a moment or two -- Kyra.

PHILLIPS: All right, Bob. And we'll bring it to you live as soon as it happens and we'll see you again. Thanks, Bob.

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 20, 2003 - 15:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Will the California recall be rescheduled or will the ACLU be rebuffed in federal court?
We'll know any second now, right, Bob Franken?

BOB FRANKEN, CNN CORRESPONDENT: They tell us.

The judge has -- in the hearing that was held two days ago, asked some very skeptical questions about the American Civil Liberty Union's lawsuit asking for a delay in the election, saying that because the six more populous counties still use the discredited pun chard ballots, that people could be disenfranchised and denied their constitutional rights. The judge was skeptical, saying that usually in the case like this it has to be proven that there is intentional discrimination, which he said probably did not exist in this particular case, in addition to which the judge suggested, in his line of questioning, wouldn't he deny the will of the California voters under the state law if he, in fact, delayed the election beyond the time that it was supposed to be held? Oftentimes that is a barometer of what the judge is going to rule. But just as often, the judges will do this as a way of protecting the record, so they can make the point that they've been as fair to both sides as they possibly could be.

We'll find all that out in the next short while. The judge has said that he wants to make the ruling by today because he knows that one side or the other is going to file an appeal. In the words of the judge, Steven V. Wilson, who by the way is a Ronald Reagan appointment -- in his words, "Somebody is going to be unhappy." We'll find out just who that is in just a moment or two -- Kyra.

PHILLIPS: All right, Bob. And we'll bring it to you live as soon as it happens and we'll see you again. Thanks, Bob.

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