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11-Panel Judge Will Rehear Recall Case
Aired September 19, 2003 - 14:59 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: CNN's Bob Franken, first out of the gate, reporting to us that there will be yet another hearing, this time by an 11-judge panel appointed by the Ninth Circuit Court of Appeals to consider the issue of when the recall election might be held. A three-judge panel, the same circuit court, had ruled that re- election should be postponed until March. Another hearing lies in the near-term future. That does not mean this previous ruling has been overturned, but does once again call everything into question. When we have everything in question, we turn immediately to Bob Franken, in Los Angeles.
Bob, what's the latest?
BOB FRANKEN, CNN CORRESPONDENT: Well, the latest news is we're sitting here waiting for the appeals court to drop the other shoe. That will be the shoe that contains the names of the 11 judges who will actually hear this case. That will mean we'll know where it's going to be heard because we're either going to find out -- what they're going to ask is where do most these judges live and they'll decide whether to hear it in San Francisco or hear it in Pasadena. Where is not so important. When is very important, because the election is just barely 2 1/2 weeks away, so the usually slow-moving legal system's going to have to move very quickly.
The most important thing we're going to see is the political orientation of the judges, by which I mean, we'll be able to tell who appointed them. This is a court that is, by about a two to one margin, Democrat over Republican, not quite a two to one margin, and of course it is a highly controversial court, considered the most liberal of the circuit court of appeals, and one most frequently overturned by the U.S. Supreme Court, which would not be described as liberal these days.
In any case, that doesn't mean the panel, the one that's chosen by chance, is as liberal. That political orientation is going to make a difference, at least many legal experts think so, not because they're predisposed to have a final opinion on whether there should be a recall, but because of their orientation towards states' rights. Normally what Republicans have, or their orientation towards a larger federal presence, which would be the Democratic presence.
Having said all that, we are waiting to see what the lineup is going to be, and of course when and where they will meet, with the election just a couple of weeks away, and it almost guarantee that whichever side loses will appeal to the U.S. Supreme Court -- Miles.
O'BRIEN: And just quickly, to button this up, Bob, they're chosen literally lottery-style?
FRANKEN: They are literally chosen with little wooden balls, put in a barrel and rolled around. It's high tech.
O'BRIEN: All right, CNN's Bob Franken, appreciate the high-tech moment there from the place where it all began.
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 19, 2003 - 14:59 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: CNN's Bob Franken, first out of the gate, reporting to us that there will be yet another hearing, this time by an 11-judge panel appointed by the Ninth Circuit Court of Appeals to consider the issue of when the recall election might be held. A three-judge panel, the same circuit court, had ruled that re- election should be postponed until March. Another hearing lies in the near-term future. That does not mean this previous ruling has been overturned, but does once again call everything into question. When we have everything in question, we turn immediately to Bob Franken, in Los Angeles.
Bob, what's the latest?
BOB FRANKEN, CNN CORRESPONDENT: Well, the latest news is we're sitting here waiting for the appeals court to drop the other shoe. That will be the shoe that contains the names of the 11 judges who will actually hear this case. That will mean we'll know where it's going to be heard because we're either going to find out -- what they're going to ask is where do most these judges live and they'll decide whether to hear it in San Francisco or hear it in Pasadena. Where is not so important. When is very important, because the election is just barely 2 1/2 weeks away, so the usually slow-moving legal system's going to have to move very quickly.
The most important thing we're going to see is the political orientation of the judges, by which I mean, we'll be able to tell who appointed them. This is a court that is, by about a two to one margin, Democrat over Republican, not quite a two to one margin, and of course it is a highly controversial court, considered the most liberal of the circuit court of appeals, and one most frequently overturned by the U.S. Supreme Court, which would not be described as liberal these days.
In any case, that doesn't mean the panel, the one that's chosen by chance, is as liberal. That political orientation is going to make a difference, at least many legal experts think so, not because they're predisposed to have a final opinion on whether there should be a recall, but because of their orientation towards states' rights. Normally what Republicans have, or their orientation towards a larger federal presence, which would be the Democratic presence.
Having said all that, we are waiting to see what the lineup is going to be, and of course when and where they will meet, with the election just a couple of weeks away, and it almost guarantee that whichever side loses will appeal to the U.S. Supreme Court -- Miles.
O'BRIEN: And just quickly, to button this up, Bob, they're chosen literally lottery-style?
FRANKEN: They are literally chosen with little wooden balls, put in a barrel and rolled around. It's high tech.
O'BRIEN: All right, CNN's Bob Franken, appreciate the high-tech moment there from the place where it all began.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
