The NewsHour with Jim Lehrer

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am an evening i'm jim lehrer on the newshour tonight another big day in the presidential election in game we chronicle the developments here from four members of the house and for calmness and close with a tribute to poet wendland brooks and all follows a summary than it is this tuesday receive because of stability in the world and not just politics dedicated opening the borders and the people need as bell this program was also made possible by the corporation for public broadcasting and by contributions to pbs stations from viewers like you

the florida supreme court today accepted the case that could finally settle who'll be the next president of the united states it said oral arguments for thursday morning on the gore appeal of a lower court decision against counting more balance in atlanta a federal appeals court opened its hearing on two separate but related appeals one from the bush campaign the other from bush supporters both challenged the legality of the hand recounts in florida that involve reports the florida developments including reaction from governor bush and vice president gore in tallahassee the florida supreme court said it would hear oral arguments starting at ten am on thursday at issue is whether circuit court judge seemed or salzman is red florida law when he denied the gore campaign's request for a hand count of thousands of ballots into south florida counties meanwhile in

austin george w bush got his first intelligence briefing from the cia later the governor told reporters that he was pleased with judge souls decision there is but that's a decision that was because banks because it's been very close it's been

issuing sanctions bill in washington vice president moore talked with reporters outside the white house the model was bud light on what the fourth wimbledon yeah i don't really i don't really feel the author of the world's you know but i don't feel that way for two years now but i don't feel on anything other than optimistic i really a man and that seemed un tell as it feels that way also so yeah well i think the us green court ruling

lawyers slightly favorable to us in the sense that it gave a clear roadmap the fourth supreme court though the things that the lawyers and thirty more about them and i cannot dissolve the loads of your promise that they've all been negative i don't think the supreme us supreme court my decision was made and work and as for the other decision yesterday everybody i knew from the start that that was one of the ultimately decided by the florida supreme court in leon county another florida court held a preliminary hearing today the case was brought by a democratic voter who wants judge nicky clarke to throw out fifteen thousand absentee ballots from seminole county his attorneys claim republicans illegally manipulated applications for those ballots a similar cases underway involving martin county if the ballots are disqualified governor bush would lose thousands of votes

meanwhile leaders of the republican controlled florida legislature said they still not decided whether to hold a special session the idea would be to choose a backup slater bush alike tours in case the florida race is unsettled by december twelve democratic vice presidential candidate joe lieberman and his republican counterpart dick cheney made visits to the us capitol today they each rally their parties to their cause we'll have more on those visits in the congressional part of the selection fight right after the news summary also at the capitol today republican senators again shows trent lott of mississippi as their leader and thus the majority leader of the senate and democrats to the same with minority leader tom daschle of south dakota a january the senate could be evenly divided for only the third time in its history the actual said that should mean more power for the democrats locked was not so sure clearly at the senate is fifty fifty then all the past presidents would dictate that the committee's be fifty fifty i

also believe we ought to examine the possibility of how we might share these committees i don't think there is a single solution it could be that we have co chairs it could be that the democrats share some and republicans cheer others it could be that we do have some state legislatures have done and that is rotate committee chairs and those are the issues that have to be negotiated and i don't get into details here until we've had a chance to talk to all of our covers members of the committee chairman and take a look at the race shows and discuss the listener are bashful i had no work through what their needs are and what our friend and i were gonna work where hard to do it in a way that is rare but also what it allows is the biggest job done the senate is to vote on new committee assignments january third words from federal reserve chairman greenspan triggered a major wall street rallied today he told bankers in new york he was rethinking the policy of raising interest rates to fight

inflation analyst at that the main there might be a decreased early next year the nasdaq index responded with a record one day point and percentage gains it was up two hundred and seventy four points or about ten percent at twenty eight at nine and the dow jones industrial average closed up three hundred and thirty eight points or about three percent at ten thousand eight ninety eight the environmental protection agency announced a phase out today of a common and roche poison is called ai as a nun it's sold under trade names such as ortho and real kill health officials said the chemical could attack the central nervous system and was especially dangerous to children today's deal with a manufacturers' bands its indoor use beginning in march two thousand and one and phases out its outdoor use by december two thousand three four president bush had his left hip replace today the surgery was performed at the mayo clinic in rochester minnesota a written statement reported that all went well he was expected to be hospitalized for five days

mr bush is seventy six years old and that's it for the news some of the night now it's on to the presidential in game as it's playing in congress as it looks to for calmness and a poem by gwendolyn brooks as bad as now lieberman and cheney go to congress coming home and reports with time running out on vice president gore's chances of getting a manual vote recount in florida running mate joe lieberman traveled up to capitol hill this morning to meet with congressional democrats and lay out the campaigns next step cars that was on the house floor yesterday of course judge souls decision was a disappointment but with all respect we believe that our lawyer certainly believe that that decision was wrong i am the law and we therefore go to the final arbiter of the florida

supreme court the system of justice the rule of law for a judgment this is which we think will be the final judgment and we've opened and sincerely believe will be favorable for us house minority leader dick gephardt assuredly know are behind the ticket l gore and joe lieberman enjoy strong support of their caucus for what they're going to try to get every vote counted in florida they have strong support for their efforts to go to the supreme court of florida and you get a full review of that decision yesterday in the supreme court as lieberman talk with democrats in the cannon house office building his republican counterpart was just across the street along with phil dick cheney who is heading up george w bush's transition team had his morning meeting with republican house members the main subject of the conversation that i wanted to

the whole gamut the request of governor today is to talk to republican members about the transition about the process gets underway about our ongoing efforts to business of putting together a cabinet and sub cabinet ministrations of that we'll be ready to exercise our responsibilities are beginning on january twenty first hopefully we will be able to get on in fairly short order the business of preparing for for governing and the transition is is up and running in an operational now we look forward working with members of congress of both parties haney was invited to repeat the suggestion he made over the weekend the vice president gore's to conceal at age eighty eight i didn't come today with a message for vice president i have a dress

you know one thing that we are the conflict was certainly other respect for towards the laws that place people of remy i expect that the court's speak again with finality following their breakfast meetings on the house side of the capitol both cheney and lieberman across the capital it was a lunch with their respective party colleagues in the senate now before house members who were in those meetings with cheney and lieberman republicans rob portman of ohio and jennifer dunn of washington state and democrats david bonier of michigan the party whip and chaka fattah of pennsylvania hersman banya how did you read the lieberman message on how far the core team is prepared to go from this point on no no senator lieberman was upbeat when he appeared before a caucus

today and he thanked her caucus for the support that we've given him in the campaign and says the campaign has finished are oh i think that the speaker just the house and it quite well he said that though were a country of the rule laws and that we should let the courts take their course and i think what senator lieberman's telling us was basically we've been saying all along that every vote should count that for many people the vote is the most precious thing that they gave our democracy and i think this will play itself out a very positive way the specific terms before the florida supreme court decision on this case from yesterday if it whatever decision it makes if it's an added another negative decision for the gore campaign isn't over or will that be well it's not over because you know what the seminal riot case mr martin county and those around them into the garden is correct know when they're not a party to those cases but they are significant their cases nonetheless ah but obviously i we think that these florida supreme court is where

this will be decided not they decide to allow those ten thousand votes that have not been planted to be counted than ryan leads a different body and and we did still wet because as we know in the economy that it was a close vote was fifty three forty seven but all we want is the votes to be counted first win for job everybody on that at the hill today said that the democrats in the house where they are solidly behind what gore has done and is doing is that an accurate reflection of where what is really happening i can marry a guardsman or on but uneasily i got it absolutely and i think that the question that is before the florida courts is a fairly simple one mean we think as democrats at their ballard bows there haven't been counted and there's some question about vote that may not been in development seminal martin counties that have been counted and made it into the day does this count all the votes those that came into suspect

absentee ballot forms and those that haven't yet they looked at but i don't think they went into the day yet i've heard governor bush say that someone at election day and there's no finale yet i heard his lawyer and they loved sorkin and alana today terri olson's say no one has been declared a winner and we just heard the speaker say that we should let the courts i'll play this out and i think all the more right and i hope that the us the justices in the florida supreme court had the wisdom to decide this but let's say they leave they decided negatively for al gore all the way down is that where we get the way the same you know smile that we would if we win we lose we operate the will of the law and we have had our day in court it we will have a day before the supreme court a flawed on these questions and will have to live with the judge that other courts verizon and under the republicans are the republicans prepare to do the same thing here for us as the

florida supreme court does rule the gore position and says let's count ten thousand votes as camp fourteen thousand votes or whatever other republicans willing to go with that well of course jan and i were in this one for the long run we believe we had a wonderful day yesterday in court and i have consistently felt that as we prepare to govern this country were losing day by day that precious time to do a serious transition effort that vice president gore's head a couple of opportunities to take the high road and i continue to think that as we move through this process we go from one recount to the next recount with governor bush winning every single one of these that it would be very much the high road and i think you know of grace out of this for our borders say to his lawyers and not this is over we should not go on and i won it was best for the country but certainly republicans have been onboard the bush campaign for so long early committed to and are looking for a state helping to run this country i will be there in there for the long run but the long does the long run

include the possibility that the florida supreme court could order a recount that could result in these votes being counted and the result being the opposite of what it is now meaning al gore wins florida and wins the presidency you all would say fine mr malone well i think there are other things beyond that because you've also got to deal with your ideal legislature in that in the state of florida that i would say that there's no question that we are elected by people at home will expect us to be back here doing the business for the country for them using our good judgment if it were to work a prayer that our war became the president of course it would be our president but that's not going to happen and that if it does happen congressman for months there've been some talk that all well about warren's up one in florida that the republicans are going to sit yesterday stole the election do you buy into that is sitting at them out now tonight in the reality that we're faced with in this particular what if it's hard to say what we were doing that in a hypothetical senate he won florida that mean you go through the normal constitutional process under the federal statute

or the constitution the legislatures in the states a major role to play here that they choose electors ultimately they could conceivably go to congress i think david devore jack and i'm hoping that doesn't happen but that's a possibility the question is at the end of this whole process after the courts are done that legislatures were spoken and we have a president who has the support of the congress to build a move legislation for that all this would like to see the theater that is yes i think we are republicans aware democrats we feel strongly about is this is now that the end they will come together as americans and we shouldn't get chewed through a mentally deficient question with their congressmen portman a congressman from claudius if what i'm asking here is that this question is this process that we've been going through and we're not there in the end it shouldn't be perceived by republicans listening to you tonight as fair no matter how it finally turned out that suddenly goes the opposite of the way most people think it's going to go we're talking so when jim who spent some time out in broward county in palm beach county miami dade county

watching the man recounts all watching of folks who were a very well intended but without any guidelines standards trying to discern intent the voter about looking for a chad pregnant dimpled or otherwise so that that process would be would be tough for me personally to to rely and have faith in that process adding up with the right result the votes of been counted and recounted the recount again in most counties and someone palm beach county several times and it's it's time to let the process go forward but personally i i happen to believe that we only use the most accurate most they're not possible and personality of our time without the end of the day if we go through this whole process including the legislature are having their input which is necessary in our constitution and if al gore becomes president actually i'll work with them i mean if that happened i think more likely disappoint the odds aren't very likely that they cover bush will prevail the veterans at the va where the jennifer nine other republicans want to do to your constituents

that same question and david you would say selling cars with donilon at a set that the state of new mexico a certified out was the weather the republic in the bush republican i have asked for a manual hank el nino the more it is very close i think that the widget her from mucha republican colleagues is that they are not yet at the point of saying that whatever the rule of law is by the point that they won't accept they keep getting in the legislature i don't think we want to get to a point where george bush won a state like west la india one in the legs we are a country of applause a country because it is very clear to the constitution and the federal statutes of the legislators ever opened the only point i'd let me let me reverse the question congressman mark if this thing turns out an interest of him which went for it wins the presidency are you as the number two leader of the house of representatives and a democratic are

prepared to stand up and say oh you had those votes were counted in florida there was a fair process let's move on and i prepared if that's the court's ruling in favor of love not going for a recount and in fact the electoral college votes in florida where george bushes prefer to accept him as the president even in states and legitimately i don't think its itself full at this point or any point to get into the question of legitimacy here with respect to the election and try to stay away from that but i must tell you the tour there is if they don't count those votes john in dade county especially a summit in the company it had too many months down the road so machen edition are some academic institutions were a couple and what kind of situation are we going to be in this country george bush's than the presidency and we find out that were enough votes there and it carried to have made good gordon actor answer your own question of the thorniest constitutional crisis and i would prefer the vest with a small apartment

and quick point and for that the best way to resolve that is simply because of the age well what i would say is the most important thing out of an election is accuracy and fairness we have got over this again and again and again weekend or this for a million years until the last chance before and we wouldn't agree on whether there was a den and now it had pregnant now it or an undercount and so i think there's a point where are you let things flow and we certainly have done that through the legal process but there's a point where you say this is the end for the good of the country i dont think looking ahead two months and saying some ways to use the freedom of information act to access all those bows then hold it over whoever walks away and it has democrats saying this idea i think that's not the thing we should be saying now is figure out how to get it done actually fairly i think it's been done accurately and fairly several times and then let's agree to work together whoever wins the saliva tower you come down on the question of whether or not these votes are counted what it means to you and what you're going to

say to your constituents about what it me or that a very close election and sixty people voted in florida and they are separated by cop one devotes fallen to votes at the moment you get ten thousand ballots that no human high as i looked at that some are doubles you could have clearly points out chance that those machines that i read i think that they ought to be looked at blood whatever the final resolution of the florida supreme court is on this matter i think we as a country what the mobile we understand how technicalities were just as the cases if by a technicality those thousands of ballots opponent seminal mr ian kelley the republicans worked live with merge records one point about about that i've heard a lot over the last few days about the possibility of some news organization or statistician is davis' looking at the miami dade county's result in coming up with a better answer it's subjective again having been down there i mean i would make the argument that in broward county where they counted ballots where there were

dimples only on the presidential side meaning there was no light showing through it and yet there was light shone through all the rest of the ballot i would make the argument which was also been it's only in palm beach county if there was any parent all mean five other novels that there are probably several hundred boats that i would not consider to be presidential votes my only point is so i am concerned about the serial that doesn't happen and i don't think there should be any effort to de legitimize or wordsworth was once a million sworn in to the president battle that won't happen but only point is i don't think the american people are going to fall for it because i think there will be at necessarily a subjective process that it would have to whatever number you went into lebanon for the standards ugly let's clear what's happening here is an award was gone and the reason that your postcards visitors some chance probably a decent chance a girl or more votes than than bush will be calm calm the day counting votes insular slow walking it the running out the clock you can using a metaphor you want hear what the practical matter is they don't want to its compositional think of the votes

but if this worst case scenario happens what will be your position with your constituents when a michigan state al gore was treated this is about no i'm not going to do that i don't think it's helpful for the country to do right thank you all for her he's going to come on the newshour tonight one for columnist think about what's going on and a gwendolyn brooks all but first this pledge week on public television were taken a short break now so your public television station can ask for your support that support helps keep programs like this on the air right for those stations not taking a pledge breaks the news hour continues now with excerpts from back to back news conferences by the senate minority and majority leaders the issue is power sharing in the new congress the senate democrats

face two possibilities next year the first possibility and our first yours by far is that we have forty nine democratic senators and a democratic president and vice president the second possibility is that we will be fully equal partners in the first fifty fifty sad in our nation's history we ought to know soon which of those two possibilities will become a reality even if we get our first choice forty nine democratic senators and one democratic president there will be more democrats in the next senate session we therefore expect more say on how the senate is run that includes everything from deciding what bills are debated on the floor what goes into conference reports to deciding committee chairs and re shows and assigning committee staff and office space we know we face enormous challenges as we build a power sharing relationship with our republican colleagues and we are ready for those

challenges we disagree with the pundits who say that such a closely divided senate won't produce anything but problems as we look to the next congress were focused on the opportunities not the problems whoever our next president is democrats want to work with him and with republicans in congress to strengthen america's schools to create an affordable medicare prescription drug benefit pass an affordable tax cut we look forward to working with the next president in our republican colleagues to pass a real patients bill of rights and at last and act the mccain feingold campaign finance reform bill proposals all have strong public support and may it had the support of bipartisan majorities in the last congress there's no reason we can't pass them early in the next the area's democratic

leaders look forward to getting started four times golfer ever approaches we have to recognize that they were prepared to deal with that i have been in a very small minority when i was in the house in a minority in the senate and been in a drawer or minority in the house and in the majority are with the various numbers and now i know that you do have to i think very carefully about how you can shout on the agenda it could work where all the senators and its a job done i have not had a chance to talk individually with our committee chairman from this session of congress won't talk about a generally with our most of our conference members a survey that show i had just a couple occasions talked briefly about it up and so we weren't we need a showdown and now i think through a very careful but we recognize that when it comes to the allocation of staff and space for those staff members and and how the committees are made up of very important and we hope to get that little this week or early next week but i'm not going to speculate on

what would be until we've had a chance to hear from everybody and again come to everyone will finally get everyone out speculating or of asserting what might be the final result in the end you have to help the business leadership you had to have german and one party or the other will be in the majority and other republicans will be in the majority whether it's president bush and vice president cheney or frozen corn buyers lieberman but i understand that they they're going to try to get as much as they can and will be as corporate as we can but also there is this matter heading the situation for you to get to work but somebody has to be in charge and now that we know will be very clear about what we do there but i don't think it does good for me tarzan twelve more visible do that anymore that would be good for others to be saying well we're going to insist on this or the other it we've got a

deal with a ram of a possibility or not the fondest dream and that and we'll work through that and we'll do it hopefully in a very bipartisan white for the first seventeen days of them o'connor's vice president gore will be able to cast a vote to break any sanitize right now how for columnist you where things stand tonight on the still unresolved contest for president and the media correspondent karen smith before columnist joining us now our league called the dallas morning news' jon lee of us news and world report anthony lewis of the new york times and clarence page of the chicago tribune welcome to you walter lee lewis is this roller coaster coming to an end

what looks like actor as leigh congressman said we ought to wait for the supreme court of florida and maybe more of course i was struck by that too republican congressman's resolute though somewhat wary refusal to say they would accept as final the decision of the florida supreme court they have their ace in the hole the florida legislature which are minnows talking about ignoring the voters and just declare english the winner i think that would have very grave consequences for the country and the hope they don't believe and why do you say that us well it's all very well to play games and say that the constitution designates the legislature in each state had to set out the rules for appointing lectures which constitution does but for a very long time now we have chosen the electors by popular vote and suddenly after a hundred years and more really since the civil war and forty year and thirty five years to come in and say well we the legislature are going to take over this process because we lost in the

courts i think the american public would not like that and it would be the opposite of the rule of law which everybody was so just now talking about so reverently jolly always at your view of the florida legislature will yes but that if i could just say this at the debate here at it and i'm worried about the auto parts report i think that this is not a slam dunk as the bush people seem to think are that that if this court really believes in principle that that it wasn't right that it's also applied to work a rigorous standards and that all you need to show is that could affect the outcome which uses an eighteen and a long monologue shows it would take extraordinary courage for this record to work the rules they can't hide behind the nonpartisan unanimous decision like the supreme court's liberal democrats though the bush freight train is rolling so fast it's very unlikely but i think there's a chance that they may will for my classmates domino is a good point of what my college raise good points there are what seven years that

that died judge souls in his eloquent opinion presented something of a list of her old with a large at he said aw i am finding it the eye the evidence while because a lot of thought the lack of evidence that you have to show that