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Election 2000: Gore Attorney Kendall Coffey Discusses Florida Court Actions

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BILL HEMMER, CNN ANCHOR: All right, once again, welcome back to Tallahassee. A Monday morning, here, day 27, post-election 2000.

Just getting word, once again, that the judge in this case, Saunders -- Sanders Sauls will issue his ruling about 2:00 local time here in Tallahassee. That's a few hours away; we anticipate it, possibly, early this morning, but, right now, a bit of a delay on that decision.

Let's talk about it more with an attorney for the vice president, Kendall Coffey, representing DNC in this case.

Morning to you, sir.

This delay here: any significance, or not?

KENDALL COFFEY, GORE CAMPAIGN ATTORNEY: No, not at all, the judge has, obviously, went through the weekend on an expedited basis. Now he's putting it together, and of course, he wants to take a few hours to write a thoughtful opinion. We all know what's at stage -- this is history in the making -- and of course, the judge wants to get an order that he feels right about.

HEMMER: Knowing what's at stake here: Does it make your job tougher to wait?

COFFEY: Well, everyone is hanging on the edge of their chair in Tallahassee, in Alaska, in Hawaii -- throughout the nation -- so absolutely, we're wishing, waiting and sitting with great anticipation right now.

The Bush attorneys say the key in this case was a witness on Saturday by the name of Judge Charles Burton who came up from Palm Beach, a member of the canvassing board there. They say he was very credible and showed that their board did not act without discretion. They did not -- they acted with discretion, excuse me. They did not abuse privilege to determine whether or not a recount should happen or not.

HEMMER: Is there an augment to be made if you don't show, at the local level, that there is abuse, that this case is done, solid and going against you? COFFEY: No, this is not a case about the good faith of election officials, as was demonstrated last night. This is, fundamentally, a case about legal questions, and that's why, I think, Judge Burton is not in any sense being questioned as to his integrity or his competence.

The really important witness from our standpoint was yesterday, when Ahmann came in -- who was the inventor of the machines, according to the Republicans -- and who acknowledged that in a close election, you should have manual recounts. And boy, they don't come closer or more important than this one. So from a witness standpoint, that was really the important development of the past two days.

HEMMER: But let's say the judge agrees with what you're saying about John Ahmann, and indeed, his testimony was in a close election, go ahead and count them by hand. But ultimately, even if you open a ballot, don't we have to first determine what is a vote and what is not, and aren't we light years away at this point, knowing you have very short time to argue this case, light years away from knowing what is a vote and what is not?

COFFEY: We've got to know that. There's 13,000 ballots sort of locked inside right now, and the truth of this election is inside those ballots. And eyes have to see those ballots as quickly as possible. Of course, we're concerned about how fast this could move, but that's why, if judge rules and says that the votes must be counted, that the truth must be known about what lies inside those 13,000 ballots, that there will be a need to fashion a very expeditious process. It can be done; it will be done if the judge grants the relief, and we are very much committed to cooperating anyway we can to see that that's done as expeditiously as possible.

HEMMER: Let's talk a scenario here, Mr. Coffey. If you lose this case in circuit county -- circuit court, rather, here in Leon county -- Warren Christopher mentioned it yesterday afternoon, the vice president, Al Gore, talked about it last night: that's the issue of Seminole county. Is that where you launch new front if, indeed, you lose this case here?

COFFEY: Well, whatever the outcome is today, somebody's going to the next court, the Supreme Court of Florida, in all likelihood. I can't speak to our decision -- it hasn't been made -- but these kind of cases usually are only partly at the trial level. They go on appeal. Not just this case but any election case of any magnitude.

HEMMER: Now, I do understand that, but again, my question was about Seminole county: Is that the next front you'll fight if you lose here?

COFFEY: Well, we have not been involved in Seminole county, and as far as my understanding of leadership in our legal team and throughout the national level goes, we are not making any present plans to be involved in Seminole county. That's a different case, its's not part of our legal efforts.

HEMMER: Kendall Coffey thanks for your time. COFFEY: Thank you.

HEMMER: We wait, on day 27.

COFFEY: OK, we do, indeed.

HEMMER: Again, thanks to you.

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