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,Y, OH,Y, ALL PERSONS HAVE
THE SUPREME COURT OF THE UNITED
STATES ARE ADMONISHED TO GIVE
THEIR ATTENTION FOR THE COURT IS
NOW SITTING.
>> THE BATTLE FOR THE WHITE
HOUSE GOES BEFORE THE U.S.
SUPREME COURT.
TONIGHT -- BUSH, GORE AND A DAY
FOR H FOR THE HISTORY BOOKS.
CAPTIONS PAID FOR BY THE U.S. DEPARTMENT OF EDUCATION AND THE NATIONAL BROADCASTING COMPANY, INC.
>>> GOOD EVENING.
IT WAS A DAY UNLIKE ANY OTHER
IN THE HISTORY OF THE U.S.
SUPREME COURT.
AND IN THE LONG, TORTURED PATH
OF THIS PRESIDENTIAL ELECTION,
TONIGHT THE NINE JUSTICES
OF THE U.S. SUPREME COURT ARE
DECIDING WHAT TO DO
ABOUT THE STATE OF THE DISPUTED
VOTES IN FLORIDA.
AND THEIR DECISION COULD
ACCELERATE THE PROCESS, BUT IT
MIGHT SLOW IT DOWN.
AT THE SAME TIME IN FLORIDA,
THE STATE SUPREME COURT REJECTED
AN APPEAL FROM VICE PRESIDENT
GORE TO SPEED UP THE COUNTING
OF DISPUTED BALLOTS
IN HIS FORMAL CONTESTING
OF THE ELECTION.
AT THE END OF THE DAY, THE VICE
PRESIDENT HAS FEWER OPTIONS.
BUT THE BIG QUESTION MARK
REMAINS -- THE U.S. SUPREME
COURT.
NBC'S PETE WILLIAMS WAS
INSIDE FOR THE ARGUMENTS TODAY.
HE JOINS US TONIGHT.
PETE?
, GOOD EVENING.
TONIGHT THE JUSTICES FACE A
DECISION UNPRECEDENTED IN
AMERICAN HISTORY, EXACTLY HOW TO
INTERVENE IN THE MIDDLE OF A
PRESIDENTIAL ELECTION DISPUTE.
AFTER A MORNING OF TENSE
ARGUMENT, THE FLORIDA SUPREME
COURT DECISION THEY'RE REVIEWING
SEEMS TO BE IN TROUBLE.
THIS COURT HAS SEEN DRAMATIC
LEGAL SHOWDOWNS BEFORE,
BUT NEVER ANYTHING QUITE LIKE
THIS.
BUSH AND GORE PROTESTERS DUELING
OUTSIDE BEGINNING AT DAYBREAK,
HUNDREDS OF PEOPLE CAMPING OUT
ON THE SIDEWALK ALL NIGHT,
INCLUDING HIGH-PRICED WASHINGTON
LAWYERS, EAGER TO GRAB ONE
OF THE SCARCE SEATS.
INSIDE, THE COURTROOM JAMMED
MEMBERS OF CONGRESS, CHILDREN
OF VICE PRESIDENT GORE,
AND OF CANDIDATE *** CHENEY,
FORMER JUSTICE BYRON WHITE.
TOP GORE ADVISERS IN FROM THE
FLORIDA BATTLEFIELD.
AND FOR THE FIRST TIME EVER,
AN AUDIO TAPE RELEASED
OF THE ENTIRE PROCEEDING.
>> GOD SAVE THE UNITED STATES
AND THIS HONORABLE COURT.
>> Reporter: THE COURT SEEMS
EAGER, TOO.
ENTERING SLIGHTLY BEFORE
THE 10:00 AM START TIME,
BEGINNING 90 MINUTES OF INTENSE
QUESTIONING.
THE EY ISSUE --
DID FLORIDA'S SUPREME COURT GO
TOO FAR WHEN IT EXTENDED
THE TIME FOR MANUAL RECOUNTS
BEYOND THE DEADLINE SET
IN STATE LAW?
ARTICLE TWO OF THE
U.S. CONSTITUTION SAYS STATES
CHOOSE THEIR PRESIDENTIAL
ELECTORS AS THE STATE
LEGISLATURE SHALL DIRECT,
BY PASSING LAWS.
BUT TODAY, SEVERAL JUSTICES SEEM
CONCERNED THAT THE FLORIDA
SUPREME COURT BASED ITS RULING
NOT ON THE LEGISLATURE'S LAW BUT
THE STATE'S CONSTITUTION.
I DON'T THINK THERE IS ANY OTHER
WAY TO READ IT, AND THAT IS --
THAT IS A REAL PROBLEM, IT SEEMS
TO BE, UNDER ARTICLE II.
>> Reporter: AND NEARLY AS MANY
ON THE COURT SAY THEY THINK
THE EXTENDED DEADLINE VIOLATES
A SEPARATE FEDERAL LAW THAT SAYS
ELECTION RULES MUST BE IN PLACE
BEFORE VOTING DAY.
>> Reporter: EVEN SO,
THE FLORIDA COURT HAS
ITS DEFENDERS TODAY.
SOME JUSTICES SAY
A STATE COURT SHOULD HAVE THE
FINAL WORD ON WHAT STATE LAWS
MEAN, TELLING THAT TO THE BUSH'S
CAMPAIGN LAWYER, THEODORE OLSON.
>> Reporter: AND A VERY
PRACTICAL QUESTION TODAY
FOR THE FLORIDA SECRETARY
OF STATE'S LAWYER --
WHAT DIFFERENCE WILL A SUPREME
COURT RULING MAKE TO GORE'S
LAWSUIT CONTESTING THE ELECTION?
SOLELY ONr:
MANY LEGAL
SCHOLARS NOW BELIEVE THERE'S A
5-4 MAJORITY OF THE JUSTICES WHO
BELIEVE THE FLORIDA COURT WENT
TOO FAR.
IF THAT TURNS OUT TO BE THE
DECISION HERE, THE SUPREME COURT
COULD SEND THE CASE BACK TO
FLORIDA WITH INSTRUCTIONS TO TRY
AGAIN AND BASE IT THIS TIME ONLY
ON STATE LAW, TOM.
>> THANK YOU VERY MUCH, NBC'S
PETE WILLIAMS TONIGHT.
>>> OBVIOUSLY A GREAT DEAL IS
KNOWN ABOUT THESE JUSTICES
AND HOW THEY'VE VOTED
IN THE PAST, WHICH CAN PROVIDE
CLUES AS TO THE LIKELY PATH
THEY'LL TAKE THIS TIME.
WE'VE ASKED OUR CHIEF LEGAL
AFFAIRS CORRESPONDENT,
DAN ABRAMS, TO TAKE US
THROUGH THE COURT TONIGHT.
DAN?
>> Reporter: TOM, EVEN
IN THE PAST 20 YEARS, THIS COURT
HAS GONE THROUGH A MAJOR
TRANSFORMATION.
ONCE CONSIDERED LIBERAL
AND ACTIVIST, NOW FAR MORE
CONSERVATIVE IN A LEGAL SENSE,
MEANING MORE RELUCTANT TO TRY TO
FIGURE OUT WHAT A STATUTE MEANS,
MORE LIKELY
TO STICK TO THE LAW'S WORDS
RATHER THAN TRYING TO DECIPHER
ITS MEANING.
SEVEN OF THE NINE, APPOINTED
BY REPUBLICAN PRESIDENTS.
CHIEF JUSTICE REHNQUIST,
THE VETERAN APPOINTED IN 1972 BY
PRESIDENT NIXON.
FORD APPOINTED ONE, REAGAN
THREE, BUSH TWO AND CLINTON TWO.
AS OF LATE, MANY DECISIONS
DIVIDED, 5-4.
REHNQUIST, SCALIA AND THOMAS,
CONSIDERED MORE CONSERVATIVE.
STEVENS, GINSBURG, BREYER
AND SOUTER MORE LIBERAL.
WITH O'CONNOR AND KENNEDY
THE CRUCIAL SWING VOTES.
AND MANY PEOPLE THEY COULD BE
THE KEY HERE AS WELL.
>> SO WHAT SHOULD THE CANDIDATES
TAKE FROM THIS?
>> Reporter: WELL, THERE WAS
SOMETHING FOR EVERYONE.
FOR THE GORE TEAM, THE FOUR MORE
LIBERAL MEMBERS SEEMED
PROTECTIVE OF THE FLORIDA
SUPREME COURT'S RULING.
WHILE ONLY STEVENS SEEMED
TO TRULY DEFEND THE COURT'S
RULING ITSELF, THE OTHER THREE
SEEMS TO GIVE DEFERENCE TO THE
FLORIDA SUPREME COURT.
BUT THE BUSH TEAM CAN BE
ENCOURAGED BY THE TYPE OF
QUESTIONS ASKED BY SCALIA AND
REHNQUIST, DELVING INTO THE
PARTICULARS OF WHY THE SUPREME
COURT DID WHAT IT DID, SEEMINGLY
CONCERNED ABOUT A POSSIBLE
CONSTITUTIONAL VIOLATION.
THOMAS DIDN'T ASK ANY QUESTIONS.
SO WHAT ABOUT THOSE CRUCIAL
ANDNEDY-
O'CONNOR?
THEY SEEM TO AGREE WITH THE BUSH
TEAM THAT THE FLORIDA SUPREME
COURT MAY HAVE CHANGED THE RULES
BY IMPOSING THAT DEADLINE OF
NOVEMBER 26th.
BUT THEY ALSO SEEMED UNCERTAIN
ABOUT WHETHER THIS IS A FEDERAL
ISSUE AND, REMEMBER, IF THIS
ISN'T A FEDERAL ISSUE, THE COURT
MAY DECIDE NOT TO DECIDE.
TOM?
>> THANK YOU VERY MUCH, NBC'S
DAN ABRAMS TONIGHT.
>>> AT THE SAME TIME THERE WAS
CONSIDERABLE AND SIGNIFICANT
LEGAL ACTION ON SEVERAL FRONTS
IN FLORIDA TONIGHT AND NOT MUCH
ENCOURAGING NEWS FOR VICE
PRESIDENT AL GORE.
NBC'S KELLY O'DONNELL IS THERE
TONIGHT.
KELLY?
>> Reporter: TOM, A SERIES THE
LATE RULINGS ALL SPELL BIG
DISAPPOINTMENT FOR AL GORE
TONIGHT.
FIRST, THE FLORIDA SUPREME COURT
SAYS NO TO AN IMMEDIATE HAND
RECOUNTING OF VOTES, COSTING HIM
PRECIOUS TIME.
NEXT THE HIGH COURT REFUSES TO
ORDER A REVOTE IN PALM BEACH
COUNTY, WHERE THAT CONTROVERSIAL
BUTTERFLY BALLOT MAY HAVE
CONFUSED SOME VOTERS.
TONIGHT THE FEDERAL APPEALS
COURT IN ATLANTA AGREES TO HEAR
ARGUMENTS FROM THE BUSH SIDE
RECOUNT
ALREADY DONE IN PALM BEACH WAS
UNCONSTITUTIONAL.
ALL THIS WITH BALLOTS HERE AND
READY FOR COUNTING.
THE FINAL INSTALLMENT
OF THE MILLION-BALLOT CONVOY
DELIVERED FROM MIAMI TODAY.
82 BOXES, PACKED WITH PUNCH
CARDS, NOW UNDER LOCK AND KEY IN
TALLAHASSEE.
AND IN THE LEON COUNTY
COURTHOUSE TODAY, THREE CASES,
THREE COURTROOMS HEARING
MOTIONS ALMOST SIMULTANEOUSLY.
JUDGE N. SANDERS SAULS, SETTING
THE RULES FOR TOMORROW'S TRIAL
CONTESTING THE ELECTION, WHICH
HE EXPECTS TO TAKE 12 HOURS.
TODAY THE JUDGE SET GROUND RULES
PREDICTING TOMORROW'S TRIAL, AND
EXPECTING IT TO RUN 12 HOURS,
URGING LAWYERS TO PREPARE THEIR
CASES.
>> LET'S FLET ALL OF THE FLUFF
OFF
AND PROCEED IN THAT FASHION.
>> Reporter: ALSO TODAY --
ANOTHER LAWSUIT ACCUSING
REPUBLICANS OF ILLEGALLY
ALTERING ABSENTEE BALLOT
APPLICATIONS, THIS TIME
IN MARTIN COUNTY.
INVOLVING
SEMINOLE COUNTY, STILL SORTING
OUT MOTIONS BEFORE TRIAL NEXT
WEDNESDAY.
THE BUSH TEAM NOT IN ANY HURRY,
GOP LAWYERS IN THE CONTEST CASE
SUBMITTED A WITNESS LIST WITH 90
NAMES.
THE DEMOCRATS HAD JUST TWO.
ALL THIS TO BE SORTED OUT
TOMORROW IN A MARATHON COURT
DAY.
TOM?
>> NBC'S KELLY O'DONNELL IN
FLORIDA TONIGHT.
WHAT ABOUT THE FATE OF THE MEN,
BEINGTE THAT WAS
THEIRSED, WHAT
REACTION?
CLAIRE SHIPMAN IS WITH THE GORE
CAMPAIGN IN WASHINGTON.
DAVID GREGORY IS STILL WITH
GOVERNOR BUSH DOWN IN TEXAS.
CLAIRE, LET'S BEGIN WITH YOU
TONIGHT.
>> Reporter: TOM, THE GORE
CAMPAIGN DECIDED NOT TO TRY TO
COMPETE WITH THE DRAMA OF THE
U.S. SUPREME COURT HEARING SO NO
PUBLIC COMMENTS WITH AL GORE
TODAY.
SOME OF THE COURT WATCHERS ON
HIS TEAM ARE BETTING THIS WILL
BE A SPLIT DECISION FAVORING
BUSH BUT THEY REALLY DON'T KNOW.
WHAT THEY DO SAY, THOUGH, IF
BUSH WINS AT THE SUPREME COURT,
THAT WILL NOT END HIS LEGAL
LEASTDA,S IN
FORMER SECRETARY OF
STATE WARREN CHRISTOPHER TODAY.
>> WE STILL HAVE THE RIGHT TO
CONTEST AND THOSE CONTESTS COULD
GO FORWARD.
I THINK THE AFFECT OF WHAT THE
COURT DOES WILL BE
PSYCHOLOGICALLY VERY IMPORTANT.
IF THEY BLESS WHAT THE FLORIDA
SUPREME COURT DID THAT'S A BIG
BOOST BUT IT DOES NOT END VICE
PRESIDENT GORE'S CONTEST.
>> Reporter: ONE THING GORE'S
LEGAL TEAM IS NOT HAPPY ABOUT,
THE DECISION BY THE FLORIDA
SUPREME COURT NOT TO GET
INVOLVED IMMEDIATELY IN THAT
BALLOT ISSUE.
TIME TRYING
TO EXPLAIN WHY THAT MAY NOT BE
AS BAD AS IT SEEMS.
THE JUSTICES MADE IT PLAIN
THEY'LL BE HAPPY TO HEAR IT
AGAIN WHEN IT COMES BACK UP ON
APPEAL AND ALSO THEY SAY THAT
JUDGE IN LEON COUNTY HAS
ACTUALLY SET A TIMETABLE FOR A
SPEEDIER TRIAL THAN THEY EVER
EXPECTED.
THEY THINK IT COULD BE OVER IN A
MATTER OF DAYS.
OF COURSE, TIME SEFRG FOR THE
GORE CAMPAIGN.
TOM?
>> NBC'S CLAIRE SHIPMAN TONIGHT.
THANK YOU VERY MUCH.
>>> DOWN IN AUSTIN, TEXAS, NBC'S
GREGORY NOW.
TEXAS GOVERNOR
GEORGE W. BUSH, STILL AT THE
RANCH?
>> Reporter: ACTUAL WILL HE,
HE'S BACK HERE TONIGHT BUT HE
SPENT ALL DAY AT THE RANCH AND
AIDES INSISTED, IN FACT, HE WAS
NOT GLUED TO THE TELEVISION SET
ONCE THOSE AUDIO CORDINGS WERE
MADE PUBLIC AND THEY WERE ON
TELEVISION BUT HE CERTAINLY
MONITORED ALL OF THOSE WITH
INTEREST.
HE CALLED HIS LEAD LAWYER, TED
OLSON, TO GET HIS READ AND HOW
HE THINKS THINGS WENT.
HE WAS TOLD THEY WENT WELL AND
OLSON FELT HE ARTICULATED HIS
POSITIONS SUCCESSFULLY BUT HE
WASN'T ABOUT TO START MAKING ANY
PREDICTIONS.
MENTIONED, GOVERNOR BUSH IS
AUSTIN TONIGHT.
HE'S GOT A CHRISTMAS PARTY TO GO
TO AT THE MANSION.
HE AGAIN SPENT THE DAY MEETING
WITH TOP AIDES TO DISCUSSION
TRANSITION PLANS AND EAGER TO
PER PIT WAIT THE NOTION THAT HIS
COMPLETE VICTORY IS JUST A
MATTER OF TIME NOW.
TOM GOVERNOR BUSH WILL MEET WITH
REPUBLICAN LEADERS, HOUSE
SPEAKER DENNIS HASTERT AND TRENT
LOTT TO DISCUSS HIS LEGISLATIVE
AGENDA.
BO LEGALLY AND POLITICALLY,
GOVERNOR BUSH HAS SAID HE THINKS
THE XOERLT'S INTERVENTION IN
GREATASE IS ACTUALLY A
ELECTIONTY TO
QUICKLY AS POSSIBLE
AND HIS ADVISERS ARE SAYING,
LOOK, WE'RE IN A MONTH-LOSE
SITUATION BECAUSE EVEN IF THE
COURT RULES AGAINST BUSH, HE IS
STILL THE CERTIFIED WINNER IN
FLORIDA, PUTTING THE ONUS ON THE
VICE PRESIDENT TO OVERCOME THAT.
TONIGHT EVEN WITH THESE SUPREME
COURT VICTORIES, HOWEVER, THE
BUSH TEAM REMAINS CAUTIOUSLY
OPTIMISTIC, NOTHING MORE.
ONE BUSH SOURCE SAYING, THE
CONTEST IN FLORIDA IS STILL A
PERILOUS PROCESS, ADDING, "IT'S
LIGHTINGHARD TO START
JUST YET."
TOM?
>> THANK YOU VERY MUCH, NBC'S
DAVID GREGORY.
WE TRUST YOU WILL KEEP US POSTED
WHEN THEY BREAK OUT THE CIGARS
DOWN THERE.
ANOTHER CLOSE ELECTION OVER IN
THE STATE OF WASHINGTON.
MARIA CANTWELL HAS DEFEATED
SLADE GORTON AFTER A RECOUNT BY
A MARGIN OF 2,259 VOTES, OUT OF
2.5 MILLION CAST IN THAT STATE.
CANTWELL IS A DOTCOM MILLIONAIRE
WHO USED HER OWN MONEY FOR HER
GORTON.E TO
ELECTION SETS UP A 50-50 TIE
IN THE NEW UNITED STATES SENATE
THAT ASSUMES, OF COURSE, JOE
LIEBERMAN DOES NOT WIN THE VICE
PRESIDENCY AND KEEPS HIS OWN
SENATE SEAT FROM THE STATE OF
CONNECTICUT.
IF HE GETS TO BE VICE PRESIDENT,
THE STATE OF CONNECTICUT HAS A
REPUBLICAN GOVERNOR, AND COULD
NAME A REPUBLICAN SENATOR.
>>> I'LL BE RIGHT BACK WITH MORE
ON THIS HISTORIC DAY
AT THE U.S. SUPREME COURT --
>>> A MORE PERSONAL LOOK
AT THE TWO MEN WHO ARGUED
THIS HISTORIC CASE "IN DEPTH."
>>> BUT FIRST ANOTHER MORE HUMAN
TOUCH --
SOME OF THE LUCKY REGULAR
CITIZENS WHO MADE IT INSIDE
THE COURT TODAY.
>> I'M SO AMAZED BY OUR COUNTRY
BY ALL OF HISTORY THAT SURROUNDS
IT.
JUST TO BE A PART OF THAT, EVEN
FOR THREE MINUTES, IS JUST BREN
TAKING.
>> IT WAS SOMETHING ACTUALLY.
MY CHEST WAS THUMPING WHEN THEY
DID THE OH,Y, OH,Y AND THE
JUSTICES CAME OUT AND EVERYBODY
STOOD UP.
>> I STOOD IN LINE TEN HOURS FOR
THE TAMPA BAY PLAYOFF TICKETS.
LONGER IN LINE A
AND IT WAS A
LOT COLDER UP HERE THAN IT IS IN