To: sunshadow who wrote (102862 ) 12/6/2000 8:16:01 AM From: sunshadow Read Replies (1) | Respond to of 769667 FLSC has not agreed to hear the appeal yet, only its opening arguments... WASHINGTON - The Florida Supreme Court has agreed to consider the Democrats' appeal of George W. Bush's certified victory in Florida tomorrow, in what is widely regarded as Al Gore's last shot at the presidency. While outwardly optimistic, senior Democrats and members of Mr. Gore's legal team are whispering that the Vice-President should be preparing an exit strategy should his appeal fail. "He has one more appeal to the Florida Supreme Court," said Democratic Rep. Barney Frank of Massachusetts, a leading liberal and member of the House Judiciary Committee, "and he'll probably lose it, and then it's over." A lawyer on Mr. Gore's legal team told The New York Times the Vice-President's prospects were "like an automobile with brakes that have been disconnected." It's all "downhill. Downhill. Downhill. "I'm not saying this thing couldn't be turned around, but this is not going to be easy," he added. Joe Lieberman, Mr. Gore's vice-presidential running mate who was on Capitol Hill yesterday drumming up support among Democrats, has declared the Florida Supreme Court will have the "final say" over the disputed Nov. 7 election. But James Moran, a Democratic Congressman from Virginia, gloomily summed up Mr. Lieberman's chances of keeping the Democrats united: "He's a rabbi, not a miracle maker." Rumours of discontent among Democrats persist. "There are some who are beginning to be heard whispering 'Will the public turn against us?' " said Jose Serrano, a Democratic Congressman from New York, "But if you honestly believe you won the election, then you have to carry it all the way through." If the Florida Supreme Court does not rule in Mr. Gore's favour and overturn Judge N. Sanders Sauls' decision on Monday barring further manual recounts, the Vice-President will almost certainly be deserted by all but a rump of the party. And the court has not agreed to hear the appeal yet, only its opening arguments, explained Craig Waters, a spokesman for the court. In a brief appearance before reporters yesterday in Washington, Mr. Gore insisted he did not "feel anything other than optimistic." According to friends and former advisors, Mr. Gore has retreated to his vice-presidential residence over the past week and sidelined his consultants and analysts. He now relies for advice on an inner circle of his wife, his eldest daughter, Mr. Lieberman and his wife and two long-time aides. "Al Gore is flying solo and not even willing to listen" to other points of view, a former consultant told The New York Times. "There is no Plan B and there is no talk of 2004." Meanwhile in Austin, Tex., Mr. Bush received his first national security briefing. Mr. Bush told reporters he may soon start making White House personnel announcements, but will refrain from making Cabinet appointments for the time being. Even if successful in court, Mr. Gore will face the Everest of overturning a state-certified vote count in addition to a new series of appeals before the cut-off date of Dec. 12, when the Republican-dominated Florida legislature is due to choose the state's 25 electors. Today and tomorrow are crucial. The 11th Circuit Court of Appeals may issue its decision on Mr. Bush's appeal of the Florida hand recount, as well as a private suit contending that selective hand recounts are illegal. Simultaneously, lawsuits in Seminole and Martin counties, where Democrats allege Republican tampering with absentee ballots, are scheduled to open today.