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>>> ON "WORLD NEWS TONIGHT," THE
PRESIDENTIAL ELECTION IS IN THE
HANDS OF THE FLORIDA SUPREME
COURT.
IT'S A MATTER OF TIME AND
STANDARDS AND JURISDICTION.
>>> AND ABC NEWS INVESTIGATION,
IS THERE A REAL CONNECTION
BETWEEN THE MEN WHO BOMBED THE
"USS COLE" AND OSAMA BIN LADEN?
WE'LL TAKE A CLOSER LOOK TONIGHT
AT PEDDLING HATRED ON THE
INTERNET.
MUCH OF IT IS DESIGNED FOR
CHILDREN.
>>> AND THE LIVING MUSEUM.
BENEATH THE SURFACE OF PEARL
HARBOR, THIS IS PEARL HARBOR
DAY.
CAPTIONS MADE POSSIBLE BY THE U.S. DEPARTMENT OF EDUCATION AND ABC, INC.
GOOD EVENING.
SO IS THE EPD AT HAND?
WE'VE ASKED THAT ABOUT
THE PRESIDENTIAL ELECTION
SO OFTEN IN THE LAST MONTH.
BUT TONIGHT THE FLORIDA SUPREME
COURT IS CONSIDERING WHAT MAY
WELL BE THE DEFINITIVE CASE
IN THIS ELECTION CONTEST SO FAR.
THIS MORNING THE STAR LAWYERS
FOR MR. BUSH AND MR. GORE GOT
THEIR FINAL GRILLING
FROM THE SEVEN JUSTICES
AS THE COURT PREPARES TO DECIDE
ON MR. GORE'S REQUEST TO START
A NEW ROUND OF COUNTING BALLOTS
BY HAND.
THE JUSTICES HAD MANY QUESTIONS
ABOUT THEIR OWN JURISDICTION,
THE STANDARDS THAT MIGHT BE
APPLIED IF BALLOTS WERE TO BE
COUNTED AND THE VITAL QUESTION
OF TIME.
IS THERE ENOUGH?
ERIN HAYES IS AT THE COURTHOUSE
TONIGHT.
I GAERT THERE'S TIME PRESSURE ON
VIRTUALLY EVERYBODY.
>> THAT'S RIGHT, PETER.
THE JUSTICES TODAY WERE KEENLY
AWARE
OF THE CALENDAR.
THEY HAVE DECEMBER 12th
IN THEIR SIGHTS THE DATE FLORIDA
NAMES ITS WINNER, ITS ELECTORS.
THERE WAS A SENSE OF URGENCY
HERE.
>> WE'RE NOW HERE ON DECEMBER
THE 7th WITH DECEMBER THE 12th,
YOU KNOW, FAST APPROACHING.
>> Reporter: THE GORE TEAM IS
PLEADING WITH JUSTICES
TO RECOUNT THOUSANDS OF BALLOTS
IN TWO COUNTIES.
>> WE HAVE 9,000 BALLOTS
IN MIAMI-DADE THAT ARE ALLEGED
THAT HAVE NOT BEEN REGISTERED
BY THE MACHINE, THAT HAVE NEVER
BEEN MANUALLY REVIEWED.
EVERY TIME ANY BOARD HAS LOOKED
AT THESE ISSUES, THEY'VE FOUND
BALLOTS, THEY'VE FOUND VOTES.
>> Reporter: BUT JUSTICES
GRILLED THEM.
WHY JUST THOSE BALLOTS?
WOULDN'T THAT BE SELECTIVE?
POSSIBLY UNCONSTITUTIONAL?
>> THE ONLY RECOUNT, MANUAL
RECOUNT, THAT COULD BE DONE
UNDER THE STATUTE WOULD BE
TO RECOUNT ALL THE BALLOTS.
THAT'S SPECIFICALLY WHAT
THE STATUTE SAYS, IS IT NOT?
>> YOUR HONOR --
>> "SHALL RECOUNT MANUALLY --
RECOUNT ALL THE BALLOTS."
>> WHAT THE DADE COUNTY BOARD
HAS DONE IS TO SAY, BEFORE
THEY STOPPED ON NOVEMBER 22nd,
THEY HAD DECIDED WHAT THEY WERE
GOING TO DO IS COUNT ALL
THE UNDERVOTES.
WE THINK THAT WOULD HAVE BEEN --
>> BUT THAT WOULD DEFINITELY BE
A CHANGE IN THE LAW.
>> Reporter: CHANGING THE LAW IS
SOMETHING THEJUSTICES DON'T
WANT TO DO AFTER THE U.S.
SUPREME COURT ADMONISHED THEM
THIS WEEK TO STEER CLEAR
OF REWRITING LAW, STICK
TO INTERPRETING IT.
THEY WERE CLEARLY SENSITIVE
ABOUT IT TODAY.
>> THE U.S. SUPREME COURT HAS
NOW CALLED THAT CASE TO THIS
COURT'S ATTENTION.
>> Reporter: THE GORE TEAM FACED
A GRILLING, TOO, ON OTHER
FRONTS.
THE LOWER COURT HAD CALLED
THEIR EVIDENCE INSUFFICIENT.
>> DID ANYONE EVER PICK UP ONE
OF THE BALLOTS AND HOLD IT UP
AND SHOW TO IT THE JUDGE
AND SAY, "THIS IS AN EXAMPLE
OF A BALLOT WHICH WAS REJECTED,
BUT IN WHICH A VOTE IS
REFLECTED"?
>> NOT AN INDIVIDUAL ONE,
ALTHOUGH WE DID TENDER THEM
IN EVIDENCE, AND WE DID ASK HIM
REPEATEDLY TO LOOK
AT THE BALLOTS AS PART
OF THE EVIDENCE.
>> Reporter: THE BUSH TEAM,
THOUGH, WAS NOT SPARED EITHER.
>> WOULDN'T YOU AGREE THAT
THE NUMBER OF CHALLENGED BALLOTS
WOULD PLACE IN QUESTION
THE OUTCOME OF THE ELECTION?
>> NO, SIR.
I EMPHATICALLY DISAGREE
WITH THAT.
THEY HAVE NOT MET THEIR BURDEN
OF PROOF.
>> Reporter: NOW, FOR JUSTICES,
THE PRESSURE IS ON.
>> THEY HAD THE SUPREME COURT
OF THE UNITED STATES LOOKING
OVER THEIR SHOULDER.
THEY HAVE THE FLORIDA
LEGISLATURE.
THEY HAVE A CIRCUIT COURT
DECISION THAT STRONGLY SUPPORTS
GOVERNOR BUSH.
AND TIME IS RUNNING OUT.
>> Reporter: AT THE END
OF THE DAY, NEITHER SIDE SEEMED
CONVINCED OF A WIN.
GORE ATTORNEYS SAID THEY WOULD
ADVISE THE VICE PRESIDENT
IF THERE'S A LOSS THAT IT'S
OVER.
THEY'RE NOT CERTAIN HE WILL
AGREE.
>> THANK YOU VERY MUCH, ERIN
HAYES.
THERE ARE TWO OTHER CASES WE'LL
GET TO IN A MOMENT, BUT
JACK FORD IS HERE WITH US.
FORMER LAWYER.
WE DON'T HAVE THE VAGUEST IDEA
WHAT THE SUPREME COURT IS GOING
TO DO.
I THINK WE AGREE ON THAT.
HOW DIFFICULT DO YOU THINK THAT
THE LOWER COURT JUDGE HAS MADE
IT FOR THE SUPREME COURT?
>> IT'S MADE IT DIFFICULT
FOR A NUMBER OF REASONS.
FIRST OF ALL, IT'S MADE IT
AN UPHILL BATTLE FOR THE GORE
TEAM, NOT JUST BECAUSE
THEY LOST, BUT FOR THE STANDARD
OF REVIEW IS SO DIFFICULT
FOR THEM.
IT'S NOT ENOUGH FOR THE JUSTICE
TO SAY, IF I WAS SITTING
IN THE LOWER COURT I WOULD HAVE
RESOLVED THIS DIFFERENTLY.
THEY ARE TOLD THEY HAVE TO
ACCEPT JUDGE SAULS' CONCLUSIONS
OF LAW UNLESS THERE WAS NO
REASONABLE
BASIS FOR WHAT THEY DID.
THAT'S A VERY TOUGH STANDARD.
THAT MAKES IT DIFFICULT
FOR THEM.
HIS OPINION DID BUILD
IN SOMETHING THAT THEY ARE NOT
WRESTLING WITH, THE JUSTICES
AND MAYBE A BENEFIT FOR THE GORE
TEAM.
THE STANDARD IN THE STATUTE,
GROUNDS FOR CONTESTING ELECTIONS
SAYS IF YOU CAN SHOW THAT ENOUGH
LEGAL VOTES WERE TOSSED OUT THAT
IT PLACED THE ELECTION IN DOUBT,
THEN YOU CAN BE OKAY.
BUT IN HIS OPINION, JUDGE SAULS
SAID, WELL, I THINK THEY HAVE
TO SHOW THERE'S A REASONABLE
PROBABILITY THAT YOU COULD HAVE
CHANGED THE ELECTION.
SO THE JUSTICES SAID, IS THAT
THE SAME THING, A REASONABLE
PROBABILITY AS OPPOSED
TO PLACING IT IN DOUBT?
THAT'S WHAT THEY SEEM TO BE
STRUGGLING WITH.
>> WE WERE KICKING AROUND THIS
PHRASE EARLIER THAT THE GORE
PEOPLE MIGHT WIN ON THE LAW
BUT LOSE ON THE EVIDENCE
THEY PUT FORWARD IN THAT LOWER
COURT.
>> EXACTLY.
WHAT COULD HAPPEN HERE IS
THE JUSTICES COULD SAY, WE THINK
THE LAW THAT THE JUDGE APPLIED
WAS WRONG BUT HIS CONCLUSIONS
WERE RIGHT, CASE IS OVER.
>> THANK YOU VERY MUCH, JACK
FORD.
JUST TO RE-EMPHASIZE,
WE DON'T REALLY KNOW WHAT
THEY'RE GOING TO DO.
>>> IN TWO TALLAHASSEE
COURTROOMS TODAY, TWO OTHER
TALLAHASSEE COURTROOMS,
DEMOCRATIC ACTIVISTS SUPPORTED
BY MR. GORE HAVE ARGUED
THEIR CASE FOR DISCARDING
THOUSANDS OF ABSENTEE BALLOTS
CAST FOR GOVERNOR BUSH.
IF EITHER JUDGE AGREED
WITH THE DEMOCRATS, THAT MIGHT
TIP THE ELECTION TO MR. GORE.
HERE'S MIKE VON FREMD.
>> Reporter: ON THIS FINAL DAY
OF TRIALS, ELECTION SUPERVISOR
PEGGY ROBBINS, A REPUBLICAN
FROM MARTIN COUNTY, EXPLAINED
WHY SHE ALLOWED REPUBLICAN PARTY
WORKERS TO REMOVE APPLICATIONS
FOR ABSENTEE BALLOTS
FROM HER OFFICE.
SO PEOPLE COULD VOTE.
>> WE DID NOT WANT
TO DISENFRANCHISE THE VOTER.
THEY THOUGHT WHEN THEY MAILED IT
IN, THAT IT WAS CORRECT.
>> Reporter: DEMOCRATS SAY ALL
ABSENTEE BALLOTS SHOULD BE
THROWN OUT, BECAUSE BOTH
THE ELECTION SUPERVISOR IN THIS
COUNTY AND ELECTION SUPERVISOR
SANDRA GOARD IN SEMINOLE COUNTY
ALLOWED REPUBLICANS FREE ACCESS
TO PUT IDENTITY NUMBERS
ON ABSENTEE BALLOT APPLICATIONS
THAT WERE ALREADY SIGNED
BY VOTERS.
>> THAT IS CLEARLY WHAT HAPPENED
HERE.
THAT IS A FELONY.
THAT IS FRAUD.
THAT IS INTENTIONAL MISCONDUCT.
>> Reporter: TODAY, JUDGE NIKKI
CLARK QUESTIONED WHETHER IT WAS
BEST TO THROW OUT THE BALLOTS
OR SANCTION THE ELECTION
SUPERVISOR.
>> IF MRS. GOARD DID NOT
SUBSTANTIALLY COMPLY, ISN'T IT
SHE WHO SHOULD BE PUNISHED
AND NOT THE VOTERS?
>> Reporter: BUT DEMOCRATS WHO
WANT REPUBLICAN VOTES DISCARDED
BROUGHT IN THE HELP
OF STATISTICIANS.
THEY SUGGESTED A COMPROMISE.
THEY TOLD BOTH JUDGES TO REJECT
ONLY A LIMITED NUMBER
OF ABSENTEE BALLOTS, BASED
ON A PROPORTIONAL MODEL --
MODELS THAT WOULD GIVE MR. GORE
ENOUGH VOTES TO WIN.
>> JUST BY COINCIDENCE,
THE RESULT OF YOUR OPINION WOULD
END UP GIVING GORE 20 MORE
VOTES?
>> YES, IT WOULD.
>> Reporter: NOW BOTH JUDGES
WILL MAKE THEIR DECISIONS.
EITHER ONE HAS THE POWER TO TIP
THE ELECTION IN FAVOR
OF MR. GORE.
SHOULD THAT HAPPEN, REPUBLICANS
SAY THEY WILL APPEAL.
MIKE VON FREMD, ABC NEWS,
TALLAHASSEE.
>> THE CANDIDATES SPENT A QUIET
DAY, THOUGH IT MAY HAVE BEEN
A NERVOUS ONE, IN WASHINGTON.
MR. GORE WATCHED THE SUPREME
COURT PROCEEDINGS ON TELEVISION
WITH HIS RUNNING MATE, JOE
LIEBERMAN.
IN TEXAS, GEORGE W. BUSH GREETED
SUPPORTERS AFTER ANOTHER
TRANSITION MEETING
FOR THE ADMINISTRATION HE STILL
BELIEVES HE WILL LEAD.
>>> PRESIDENT CLINTON HAS BEEN
MULLING THINGS OVER IN "ROLLING
STONE" MAGAZINE.
HE WOULD HAVE RUN FOR A THIRD
TERM IF HE COULD HAVE.
MR. CLINTON THINKS HE WOULD HAVE
WON.
HE ALSO RESUME NATED IN THE
ARTICLE ABOUT USING MARIJUANA.
HE ONCE FAMOUSLY ADMITTED TO NOT
INHALING.