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By SARA FRITZ
© St. Petersburg Times, published December 5, 2000
WASHINGTON -- Al Gore was as determined as ever to win the presidency when he telephoned Rep. Jim Davis on Monday for advice. What he heard from Davis was not good news.
"I told him that if the decision by Judge Sanders Sauls goes against him, it's over," Davis, a lawyer from Tampa, recalled. A few hours later, Sauls ruled against Gore.
Davis was by no means the only Gore confidant to recognize that the Democrat's chances of prevailing over Republican George W. Bush are dwindling. Everywhere Gore turned, he was reminded by friend and foe alike that the odds against him have been escalating with each incremental legal development in recent days.
Despite Gore's resolve, it now appears that he and his supporters will let the Florida Supreme Court have the last word in the 2000 presidential election. If the state's highest tribunal rules against Gore on appeal -- as many legal scholars are predicting -- he is expected to concede to Bush at that point.
Although Gore himself made no public statements Monday, his spokesman, Mark Fabiani, referred to the state Supreme Court as "the last stop."
Davis said he thinks it is appropriate for the Florida Supreme Court "to close the door on this election." Many other Democrats agreed.
"I have confidence in the Florida Supreme Court," said Sen. Bob Graham, D-Florida. "Its determination will grant legitimacy to either Gov. Bush or Vice President Gore. With that legitimacy, either can serve as president of the United States with the strength and authority necessary to lead our nation and the world."
Likewise, Gore's most stalwart defenders, Senate Minority Leader Tom Daschle, D-S.D., and House Minority Leader Richard Gephardt, D-Mo., issued a statement saying: "We are united in our support of the decision to appeal the ruling to the Florida Supreme Court."
Even though Gore's prospects are not good, the vice president has, as yet, done nothing to discourage his supporters.
Davis said Gore was still "very determined . . . very focused" during their telephone conversation on Monday. And the Gore campaign appealed Judge Sauls' ruling within minutes after it was announced.
Some Democrats -- apparently including Gore -- are stubbornly holding out hope that the vice president has some chance of persuading the Florida Supreme Court to order a new ballot recount. But their hopes are based primarily on the Democratic makeup of the court and on the remote possibility that they may still be able to uncover evidence of fraud in the election.
"We're down but not out," said Sen. Barbara Mikulski, D-Md., who was by far the most upbeat Gore supporter to be found on Capitol Hill. "We continue to support Al Gore."
But skeptics note that an earlier decision of the state's high court was not especially favorable to Gore, even though the court is composed of six Democrats and one independent. And furthermore, as most lawyers are quick to point out, Judge Sauls' unequivocal finding of fact is certain to be given great weight on appeal.
Perhaps the most unexpected development Monday was how Sauls' decision, delivered in a folksy, down-to-earth manner, eclipsed the action of the U.S. Supreme Court. Instead of ruling on the issues brought to the court by the Bush campaign, the U.S. Supreme Court asked the Florida Supreme Court to clarify an earlier ruling.
Like many Democrats, Sen. Patrick Leahy of Vermont was disappointed by the action of the nation's highest court. "Everyone was looking to the Supreme Court for clarity and finality," Leahy said. "Instead of punctuating this election saga with a concluding period, the court has only given us another semicolon."
After the U.S. Supreme Court decision was announced Monday morning, many Democrats said they were still hoping Gore could win. But after Sauls read his decision from his courtroom on nationwide television in the late afternoon, even Gore's most loyal supporters seemed ready to throw in the towel.
"If you were to put money on the vice president," said Rep. Jim Moran, D-Va., "chances are you'd probably want points."
Rep. Barney Frank, D-Mass., added: "I think the Republicans have successfully managed to block an accurate count and, based on that, George W. Bush will be president."
As many Democrats see it, Gore's final appeal to the Florida Supreme Court will at the very least give the vice president a few days to get accustomed to the idea that he has lost the election. It will also give him time to write a concession speech.
And even though Gore's supporters are not particularly happy about his chances of winning before the state Supreme Court, their mood seems to brighten as they discuss the likelihood that the post-election court battle is finally reaching an end.
"I am taking comfort that we're getting closer to a conclusion," Davis said.
Even Rep. Frank adopted an uncharacteristically philosophical attitude as he departed Capitol Hill for the White House Christmas party Monday night, dressed in his tuxedo and puffing on a cigar.
"I think there is one problem," Frank said. "There are bands that will appear in the inaugural parade that haven't had a chance to practice Hail To The Chief yet."
- Staff writers Mary Jacoby and John Balz contributed to this column.