Ever see "The Man Who Would Be King"?
Gore may lose Dems support in pressing legal case
By Ron Fournier
The Associated Press
December 5, 2000 7:44 PM EST
TALLAHASSEE, Fla. (AP) -- Al Gore suggested today that even a
rejection of his Florida Supreme Court appeal might not drive him
from the presidential race, though many Democrats said that would be
the limit of their loyalty. George W. Bush confidently declared
himself ready to "seize the moment" as the nation's 43rd president.
"I don't feel anything other than optimistic," the vice president
told reporters, his tone a stark contrast from the sense of
foreboding expressed by Democrats across the country.
Indiana Sen. Evan Bayh, a finalist in Gore's summertime search for a
running mate, was among those warning that Gore had one last chance.
"The Florida Supreme Court is going to rule in two or three days,
and if he's unsuccessful on that, then I think that is the end of
it," he said.
Four weeks into America's election limbo, the courts still held the
keys to the White House: The Florida Supreme Court agreed to hear an
appeal of Gore's historic election challenge to Bush's certified
Florida victory; briefs were filed in reaction to U.S. Supreme
decision; and oral arguments were heard at a federal appeals court
in Atlanta.
The flurry of activity came one day after Circuit Judge N. Sanders
Sauls rejected Gore's request to order hand recounts of disputed
ballots and overturn Florida's official election results. Gore
appealed, and oral arguments will be heard by the Florida high court
Thursday.
The could-be presidents responded in different ways, Gore by
rallying Democratic troops for his last stand and Bush by acting as
if his presidency was only a matter of time.
"We've got a lot of work to do," the Texas governor told reporters
outside the state Capitol in Austin, Texas, promising an efficient
transition to power. "I think it's going to be important to show ...
the American people that this administration will be ready to seize
the moment."
An NBC News poll suggested that 60 percent of Americans think Gore
should concede, but the vice president showed no sign of surrender.
He dispatched running mate Joseph Lieberman to Capitol Hill, where
Democrats pledged their support -- at least until the Florida high
court rules on Gore's appeal.
"Al Gore and Joe Lieberman enjoy strong support with our caucus for
what they're doing to try to get every vote counted in Florida,"
said House Minority Leader Richard Gephardt.
Lieberman said Sauls was "wrong on the law" and noted that the
Democratic ticket narrowly won the national popular vote. Neither
candidate can top the required 270 electoral votes without winning
Florida's 25, which Bush's certified 537-vote victory would give
him.
Gore advisers said privately they made the Florida high court their
final destination to calm Democrats who were clamoring for an end to
the race. Many Democrats said they understood the appeal of Sauls'
decision to be Gore's last-ditch bid for the presidency.
But the vice president seemed to be rolling back from that end game
scenario, telling reporters that he was concerned about allegations
of favoritism toward Bush in the handling of absentee ballot
applications in two Florida counties.
"That doesn't seem fair to me," Gore said outside the White House.
Democrats filed lawsuits in Seminole and Martin counties over the
ballot applications. A trial in the Seminole case is scheduled for
Wednesday, and Gore's advisers said there might be a ruling by the
end of the week -- perhaps before the Supreme Court rules on the
Sauls appeal.
"I do think it's likely that all of the current controversies will
end up being resolved, one way or another, in the Florida Supreme
Court," Gore said.
Gore's remarks were the latest twist in a convoluted case: The vice
president, who has argued that every vote should count, is now
embracing legal action seeking to throw out thousands of absentee
ballots.
Despite the vice president's hesitation, top Democratic aides on
Capitol Hill said there will be calls for Gore to concede if the
seven Florida justices -- all Democratic appointees -- upholds
Sauls' decision.
Outside Washington, rank-and-file Democrats said Gore had a right to
fight in the state Supreme Court but they held out little hope for a
positive ruling. Many criticized Republicans or the judicial system
for blocking recounts.
Others second guessed the Gore team.
"He's on his last legs now. We're at the end game," said Ted
Kaufman, a Democratic National Committee member in Delaware. "I
worked for Gore, but Bush will be my president."
Jon Ausman, vice chairman of the Florida Democratic Party, blamed
Gore's lawyers for presenting a skimpy case to Sauls.
"We're cooked," he said. "It's possible the appeal might work, but
when you call only two witnesses in Sauls' court and the other guy
calls nine, you can't expect much. That was blunder. It was
extremely stupid."
Democratic state Sen. Chris Cummiskey of Arizona pointed to the U.S.
Supreme Court decision Monday to set aside a state high court ruling
allowing some recounts.
"Unfortunately, I think this is the end for the vice president," he
said.
Party leaders stood behind Gore out of loyalty to him and, more
significantly, concern about their own futures. No Democrats wants
to abandon the vice president too soon, and risk alienating minority
voters and key core constituencies who have made the election a
political crusade.
Republicans were more optimistic as GOP running mate Dick Cheney
visited Capitol Hill. "I expect the courts will speak again with
finality," said House Speaker Dennis Hastert.
The fierce fight for Florida's 25 electoral votes spawned more than
40 separate lawsuits that threaten to tie up the 2000 presidential
race beyond a Dec. 12 deadline for states to assign electors and the
Dec. 18 meeting of the Electoral College.
In Atlanta, the U.S. Appeals Court heard arguments in two separate
but related appeals from Bush supporters fighting recounts. The
Florida Democratic Party has argued there is no need for the appeals
court to rule on the matter since manual recounts are finished and
Bush has been certified the winner in the state.
"Why isn't this case moot? Why isn't this appeal moot?" Judge
Charles Wilson, appointed by President Clinton, asked a GOP lawyer.
"No one has won this election, as far as I know," replied the GOP
attorney, Theodore Olson. "It's still very up in the air."
In Florida, Republicans squabbled over whether to call a special
session to appoint a slate of electors loyal to Bush. The governor's
advisers have quietly urged restraint in the GOP-led Legislature,
fearing backlash if a Bush slate is appointed before the courts
resolve the dispute.
The U.S. Supreme Court set aside a Florida high court ruling Monday
that had extended the deadline for recounts, and asked the state
court for more information about its decision.
In papers filed with the Florida court today, Gore's legal team
urged the justices to reinstate its prior ruling allowing the
recounts. Bush lawyers asked the court to change its mind. |
