Return to Transcripts main page

Live From...

California Recall

Aired September 16, 2003 - 13:19   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.


MILES O'BRIEN, CNN ANCHOR: California Republicans crying foul. They say the October 7th vote on whether to recall Governor Gray Davis has now been hijacked. Yesterday an appeals court delayed the vote, a special appeals court. Now the Supreme Court could be asked to intervene. Shades of election 2000.
Our national correspondent Bob Franken is following the changing California landscape.

I guess we haven't made many earthquake analogies. Maybe it's time to do that.

Bob, what do you think?

BOB FRANKEN, CNN CORRESPONDENT: Well, let's torture this one. The ground shifts constantly around here. And the fact is, is that one of the two losing parties in that appeals court decision yesterday will file with the U.S. Supreme Court. The attorney who represents Ted Costas, who is the man who initiated the recall, is going to, in fact, ask Judge Justice Sandra Day O'Connor, who is responsible for this area, to put a stay on the end of the election. Right now, the judges in the sir kit court of a peels here stated until Monday to allow appeals. They're saying that there won't be time. If that's the case, that the election would be stopped unless the Supreme Court intervenes beforehand. So that's what's going to happen.

But the big losing party in the case is the secretary of state of California. He's the one who's been ordered as of Monday to stop proceeding with the election. He is going to hold a news conference at 5:00 p.m. Eastern, 2:00 Pacific Time, to announce his legal strategy. He could go to the Supreme Court. He could go to the appeals court. In any case, this is now total confusion. But what's different than any other day -- Miles.

O'BRIEN: Total confusion, just another day. Just quickly, in this -- you know, circumventing the next appeals court process, going straight to the Supreme Court, does that require any additional decision making on the part of Supreme Court, or can they just make the decision to jump in?

FRANKEN: It would require, I believe, five justices to do that, four justices to decide to hear the case at all, and only one justice to extend the stay.

O'BRIEN: Thank you very much, Bob Franken. By the time this is all done, we'll have legal degrees, or something. All right, we appreciate it. 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 16, 2003 - 13:19   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: California Republicans crying foul. They say the October 7th vote on whether to recall Governor Gray Davis has now been hijacked. Yesterday an appeals court delayed the vote, a special appeals court. Now the Supreme Court could be asked to intervene. Shades of election 2000.
Our national correspondent Bob Franken is following the changing California landscape.

I guess we haven't made many earthquake analogies. Maybe it's time to do that.

Bob, what do you think?

BOB FRANKEN, CNN CORRESPONDENT: Well, let's torture this one. The ground shifts constantly around here. And the fact is, is that one of the two losing parties in that appeals court decision yesterday will file with the U.S. Supreme Court. The attorney who represents Ted Costas, who is the man who initiated the recall, is going to, in fact, ask Judge Justice Sandra Day O'Connor, who is responsible for this area, to put a stay on the end of the election. Right now, the judges in the sir kit court of a peels here stated until Monday to allow appeals. They're saying that there won't be time. If that's the case, that the election would be stopped unless the Supreme Court intervenes beforehand. So that's what's going to happen.

But the big losing party in the case is the secretary of state of California. He's the one who's been ordered as of Monday to stop proceeding with the election. He is going to hold a news conference at 5:00 p.m. Eastern, 2:00 Pacific Time, to announce his legal strategy. He could go to the Supreme Court. He could go to the appeals court. In any case, this is now total confusion. But what's different than any other day -- Miles.

O'BRIEN: Total confusion, just another day. Just quickly, in this -- you know, circumventing the next appeals court process, going straight to the Supreme Court, does that require any additional decision making on the part of Supreme Court, or can they just make the decision to jump in?

FRANKEN: It would require, I believe, five justices to do that, four justices to decide to hear the case at all, and only one justice to extend the stay.

O'BRIEN: Thank you very much, Bob Franken. By the time this is all done, we'll have legal degrees, or something. All right, we appreciate it. TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com