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ACLU Will Not Appeal Decision

Aired September 23, 2003 - 14:12   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: Let's get back to the California recall. Big news there today coming out of San Francisco, specifically, the federal appeals court there. The 9th Circuit has cleared the way for that recall to occur two weeks from now, October 7. We're heard from the secretary of state of California, the victor on this, now let's go to Bob Franken again, and hear from the other side of all this -- Bob.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And, Miles, CNN has learned there will be no appeal to the Supreme Court by the American Civil Liberties Union and its clients. In about 20 minutes there's going to be a news conference held by the ACLU in San Francisco.

Here is the statement that they're going to put out. "With the election just two weeks away, we do not believe that we should prolong the uncertainty any longer. At this point, it is important the candidates, the campaign and the voters know that the election will be held on the date that is certain. Therefore, we have reluctantly decided to accept the 9th Circuit's verdict and will not ask the Supreme Court to review the decision."

Now this decision by the American Civil Liberties Union comes as every lawyer said that it was highly unlikely that the nation's highest court would intercede here, particularly with a with a unanimous decision by the en banc 11 judges who heard the case only yesterday and then reacted with blinding speed.

So, the last legal obstacle would seem to be out of way. There will be no appeal to the Supreme Court. The ACLU has not publicly announced that yet. But that is the statement that's going to be put out when ACLU representatives hold their news conference in just a short time. No appeal to the Supreme Court -- Miles.

O'BRIEN: OK, so this is not headed to the Supreme Court. There are no other parties that might appeal on their own. If the ACLU says no appeal, that's it, right?

FRANKEN: Well, you know what?

(LAUGHTER)

O'BRIEN: I'm sorry.

FRANKEN: This is California.

O'BRIEN: I apologize for even going there. Why do I -- I ask for a definitive (UNINTELLIGIBLE) and I put you on the spot. FRANKEN: None that I can see.

O'BRIEN: Thank you very much, Bob Franken, we appreciate that. That's rather significant.

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 23, 2003 - 14:12   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Let's get back to the California recall. Big news there today coming out of San Francisco, specifically, the federal appeals court there. The 9th Circuit has cleared the way for that recall to occur two weeks from now, October 7. We're heard from the secretary of state of California, the victor on this, now let's go to Bob Franken again, and hear from the other side of all this -- Bob.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And, Miles, CNN has learned there will be no appeal to the Supreme Court by the American Civil Liberties Union and its clients. In about 20 minutes there's going to be a news conference held by the ACLU in San Francisco.

Here is the statement that they're going to put out. "With the election just two weeks away, we do not believe that we should prolong the uncertainty any longer. At this point, it is important the candidates, the campaign and the voters know that the election will be held on the date that is certain. Therefore, we have reluctantly decided to accept the 9th Circuit's verdict and will not ask the Supreme Court to review the decision."

Now this decision by the American Civil Liberties Union comes as every lawyer said that it was highly unlikely that the nation's highest court would intercede here, particularly with a with a unanimous decision by the en banc 11 judges who heard the case only yesterday and then reacted with blinding speed.

So, the last legal obstacle would seem to be out of way. There will be no appeal to the Supreme Court. The ACLU has not publicly announced that yet. But that is the statement that's going to be put out when ACLU representatives hold their news conference in just a short time. No appeal to the Supreme Court -- Miles.

O'BRIEN: OK, so this is not headed to the Supreme Court. There are no other parties that might appeal on their own. If the ACLU says no appeal, that's it, right?

FRANKEN: Well, you know what?

(LAUGHTER)

O'BRIEN: I'm sorry.

FRANKEN: This is California.

O'BRIEN: I apologize for even going there. Why do I -- I ask for a definitive (UNINTELLIGIBLE) and I put you on the spot. FRANKEN: None that I can see.

O'BRIEN: Thank you very much, Bob Franken, we appreciate that. That's rather significant.

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