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Bush Campaign Awaits Decision on Delay of U.S. Circuit Court Appeal

Aired November 27, 2000 - 2:13 p.m. ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

LOU WATERS, CNN ANCHOR: George W. Bush's lawyers now are asking for a delay in their case before the U.S. 11th Circuit Court of Appeals here in Atlanta. But the lawsuit there seeks to have Florida's hand recounts declared unconstitutional.

We'll have to check on this now with our national correspondent Martin Savidge, who is outside the courthouse -- what's going on, Marty?

MARTIN SAVIDGE, CNN NATIONAL CORRESPONDENT: Well, Lou, there are actually two cases that are before the 11th Circuit Court of Appeals here, both pertaining to the Florida election. Both of them were brought by Republicans. And both of them are saying that manual recounts were unfair and thereby unconstitutional. Now, up until now, we have not gotten into the details of both cases to try to keep things simple. But as a result of the filings this morning by attorneys, simplicity has gone right out the window. So here's goes.

Case number one: This one was brought by the campaign of George W. Bush. The attorneys this morning, as you mentioned, requested for an extension that basically told the court that: Hey, they're pretty busy these days. There's a lot going on. Legally, things are being challenged and counter-challenged in others courts. And don't forget they've got a major hearing in front of the U.S. Supreme Court on Friday. So they asked that if there is to be oral arguments on their case in this court, they would like them postponed until next week -- no word from the 11th Circuit Court of Appeals if that is going to happen.

Then the second case, this brought by Republican voters in Brevard County: They claim that the manual recounts were unfair because they were only done in select counties in Florida, mainly Democratic strongholds. They are asking that the results of the manual recount be negated and not added to the vote tallies. Their attorneys, in filings today, didn't ask for an extension.

Instead, they want an injunction to say that none of the manual recounts should be counted, and there should be no further manual recounts ordered by any lower courts in the state of Florida. So, what say -- I should say a circuit court going to do at this particular point? They're not really sure. We're expecting within an hour some sort of decision. They could extend one case, go forward with the other. They could try to combine both cases. That seems very unlikely at this point. They could throw both cases out. As we say, we expect to hear something within the next hour. It won't be a decisive decision, but it will be interesting -- Lou.

WATERS: Oh, my. OK, Marty Savidge, we'll be back to you, of course, in an hour, if not before. So there you have it: lawyers and courtrooms the order of the day.

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