Return to Transcripts main page
Live From...
Recall Legal Wrangling Intensifies
Aired September 16, 2003 - 15:06 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.
CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: The day after the ruling postponing the October 7 vote, CNN's Bob Franken has the details.
Bob, what's going on?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: ... make the big bucks.
This is a bit confused. And I'd like to walk everyone through it. Yesterday, as you pointed out, a three-judge panel said of the federal appeals court said that the election must be stopped. But they stayed their action. They said that they wouldn't enforce it until next Monday, to allow lawyers to appeal.
Now, with such a tight schedule that lawyers for at least one of the parties that lost -- that is to say, Ted Costa, the originator of the recall -- were already planning to skip this court because time was such a critical factor and go right to the U.S. Supreme Court. However, in the last few minutes, the appeals court has said it wants to decide whether to have what is called an en banc hearing. That is a hearing not by the three judges, by an expanded 11 judges, an en banc hearing.
And they have asked all the parties in the case to submit by tomorrow afternoon at 2:00 p.m. Pacific time, which is 5:00 p.m. Eastern, briefs explaining why this should be heard. Now, what this means is that the hurried plan to go right to the U.S. Supreme Court might not be necessary.
According to one of the lawyers, the one who is representing Ted Costa, who I just mentioned a moment ago, they're going to consider whether going right to the Supreme Court and whether they will have enough time now to have a hearing by the appeals court, which would be the normal procedure.
One other thing, that stay that I mentioned, the delay in enforcing the order, has now been extended for an indefinite period of time until the court here decides what to do.
One last consideration: The secretary of state, the other losing party in yesterday's decision, is to hold a news conference in a couple of hours to announce what legal approach he's going to take. There is a possibility that he'll go both to the Supreme Court and the appeals court. But this just muddies the water even more, Candy, if it was even possible, the appeals court saying it wants to know whether it should proceed with an expanded hearing.
CROWLEY: Thanks a lot, Bob Franken, getting his law degree right here on air on CNN.
(LAUGHTER)
CROWLEY: Thanks, Bob.
We want to talk now to California recall advocate Ted Costa, who is with us from Sacramento.
Mr. Costa, so where does this latest -- the appeals court or part of the appeals court says, well, maybe it will now look at this three- judge-panel ruling. Where do you stand? You said recently you were going to go to the Supreme Court. Does this delay that?
TED COSTA, CALIFORNIA RECALL ADVOCATE: I don't know.
According to your analyst, he's talked to my attorneys and we're going to reconsider. But I've got to tell you, they work for me, and I'm going to the Supreme Court, is where I'm going.
CROWLEY: And when?
COSTA: As soon as possible.
CROWLEY: Well, not having gone to the Supreme Court myself, what does that mean? Today, tomorrow?
COSTA: Yes.
No. Well, the secretary of state is the top elected election official in the state of California. And he's been considering this thing. And he's having a press conference at 2:00. And we're both in this thing together. And I want to see what he has to say, because he's having a press conference with the attorney general at 2:00 this afternoon.
However, we've already drafted up and we're ready to go. We've been a coalition of the willing right from the beginning on this recall campaign. I'm very put out that we have a court that is essentially adjourned and went into a legislative session and decided to get rid of time, place and manner in both the U.S. Constitutions and the California Constitution. They can't do this. They don't have that power to do that.
CROWLEY: So your feeling on this latest is that it doesn't do anything to your bid to go to the Supreme Court. From your understanding, will it change anything about how the Supreme Court deals with it, if a lower court is considering looking at it?
COSTA: We have got an election that is coming up.
We have people that have ballots on their kitchen tables right now. Military ballots have already been mailed. We can't fool around over here in the 9th Circuit. They've already fooled around for 30 days. We need to get something decided and we need to get it decided quick. And if the Supreme Court is the court that is capable of doing that, that's where I personally want to go. CROWLEY: So, is there a possibility you might not go, pending what the secretary of state says?
COSTA: Surely, I will consider what the secretary of state says. And I will consider what the attorney general says.
But the bottom line on this thing, that if we did go before a panel of judges and they ruled against me, I would go to the Supreme Court. And I know the opposition would do the same thing. So why don't we just go straight to the Supreme Court, get this matter settled once and for all?
CROWLEY: So your position is, you think that's where it will end up? You don't have any faith that this larger panel might overturn this?
COSTA: That's right. It will just be attorneys full employment act. And I don't feel like paying them that much money. I just want to get this thing over with.
CROWLEY: OK, Ted Costa, an advocate for the recall, thank you so much for joining us.
The recall may be in limbo, but the candidates are plugging away as planned. Governor Gray Davis got another show of support from national Democrats, appearing with Senator and presidential candidate Bob Graham. The Reverend Jesse Jackson will be at Davis' side later today.
Republicans Arnold Schwarzenegger and Tom McClintock met today with former candidate Peter Ueberroth, hoping to get his support. Ueberroth is holding a news conference this hour, but we're told we're not to expect that he would endorse anyone today.
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 - 15:06 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CANDY CROWLEY, CNN SR. POLITICAL CORRESPONDENT: The day after the ruling postponing the October 7 vote, CNN's Bob Franken has the details.
Bob, what's going on?
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: ... make the big bucks.
This is a bit confused. And I'd like to walk everyone through it. Yesterday, as you pointed out, a three-judge panel said of the federal appeals court said that the election must be stopped. But they stayed their action. They said that they wouldn't enforce it until next Monday, to allow lawyers to appeal.
Now, with such a tight schedule that lawyers for at least one of the parties that lost -- that is to say, Ted Costa, the originator of the recall -- were already planning to skip this court because time was such a critical factor and go right to the U.S. Supreme Court. However, in the last few minutes, the appeals court has said it wants to decide whether to have what is called an en banc hearing. That is a hearing not by the three judges, by an expanded 11 judges, an en banc hearing.
And they have asked all the parties in the case to submit by tomorrow afternoon at 2:00 p.m. Pacific time, which is 5:00 p.m. Eastern, briefs explaining why this should be heard. Now, what this means is that the hurried plan to go right to the U.S. Supreme Court might not be necessary.
According to one of the lawyers, the one who is representing Ted Costa, who I just mentioned a moment ago, they're going to consider whether going right to the Supreme Court and whether they will have enough time now to have a hearing by the appeals court, which would be the normal procedure.
One other thing, that stay that I mentioned, the delay in enforcing the order, has now been extended for an indefinite period of time until the court here decides what to do.
One last consideration: The secretary of state, the other losing party in yesterday's decision, is to hold a news conference in a couple of hours to announce what legal approach he's going to take. There is a possibility that he'll go both to the Supreme Court and the appeals court. But this just muddies the water even more, Candy, if it was even possible, the appeals court saying it wants to know whether it should proceed with an expanded hearing.
CROWLEY: Thanks a lot, Bob Franken, getting his law degree right here on air on CNN.
(LAUGHTER)
CROWLEY: Thanks, Bob.
We want to talk now to California recall advocate Ted Costa, who is with us from Sacramento.
Mr. Costa, so where does this latest -- the appeals court or part of the appeals court says, well, maybe it will now look at this three- judge-panel ruling. Where do you stand? You said recently you were going to go to the Supreme Court. Does this delay that?
TED COSTA, CALIFORNIA RECALL ADVOCATE: I don't know.
According to your analyst, he's talked to my attorneys and we're going to reconsider. But I've got to tell you, they work for me, and I'm going to the Supreme Court, is where I'm going.
CROWLEY: And when?
COSTA: As soon as possible.
CROWLEY: Well, not having gone to the Supreme Court myself, what does that mean? Today, tomorrow?
COSTA: Yes.
No. Well, the secretary of state is the top elected election official in the state of California. And he's been considering this thing. And he's having a press conference at 2:00. And we're both in this thing together. And I want to see what he has to say, because he's having a press conference with the attorney general at 2:00 this afternoon.
However, we've already drafted up and we're ready to go. We've been a coalition of the willing right from the beginning on this recall campaign. I'm very put out that we have a court that is essentially adjourned and went into a legislative session and decided to get rid of time, place and manner in both the U.S. Constitutions and the California Constitution. They can't do this. They don't have that power to do that.
CROWLEY: So your feeling on this latest is that it doesn't do anything to your bid to go to the Supreme Court. From your understanding, will it change anything about how the Supreme Court deals with it, if a lower court is considering looking at it?
COSTA: We have got an election that is coming up.
We have people that have ballots on their kitchen tables right now. Military ballots have already been mailed. We can't fool around over here in the 9th Circuit. They've already fooled around for 30 days. We need to get something decided and we need to get it decided quick. And if the Supreme Court is the court that is capable of doing that, that's where I personally want to go. CROWLEY: So, is there a possibility you might not go, pending what the secretary of state says?
COSTA: Surely, I will consider what the secretary of state says. And I will consider what the attorney general says.
But the bottom line on this thing, that if we did go before a panel of judges and they ruled against me, I would go to the Supreme Court. And I know the opposition would do the same thing. So why don't we just go straight to the Supreme Court, get this matter settled once and for all?
CROWLEY: So your position is, you think that's where it will end up? You don't have any faith that this larger panel might overturn this?
COSTA: That's right. It will just be attorneys full employment act. And I don't feel like paying them that much money. I just want to get this thing over with.
CROWLEY: OK, Ted Costa, an advocate for the recall, thank you so much for joining us.
The recall may be in limbo, but the candidates are plugging away as planned. Governor Gray Davis got another show of support from national Democrats, appearing with Senator and presidential candidate Bob Graham. The Reverend Jesse Jackson will be at Davis' side later today.
Republicans Arnold Schwarzenegger and Tom McClintock met today with former candidate Peter Ueberroth, hoping to get his support. Ueberroth is holding a news conference this hour, but we're told we're not to expect that he would endorse anyone today.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
