AND THE WINNER IS. . . ER . . .CLINTON?! Saturday,December 9,2000

By LEONARD GREENE

If Bill Clinton does have any mayoral aspirations, he may have to put them on hold.

In one of the many legal twists of the Florida election, constitutional scholars are discussing a scenario that could leave the lame-duck president in office a little while longer.

Under the 20th Amendment, Congress could appoint an acting president to serve if the ballot dispute is not resolved by the Jan. 20 inauguration deadline.

And that prospect gained momentum yesterday, as the Florida Supreme Court ordered hand recounts in dozens of counties and Republicans vowed to take their case once again to the nation's top court.

"I don't think Bill Clinton has explicitly applied for the [acting president] job, but he is the most obvious choice for it," said James Fleming, a Fordham University law professor.

Fleming was responding to an idea floated in legal circles last week by Stephen Gillers, a New York University law professor. Gillers said that appointing an acting president could buy time.

On Tuesday, governors are required to certify their state's slate of electors. On Dec. 18, those electors meet to cast their votes.

Congress counts the votes Jan. 6, and on Jan. 20, a new president is inaugurated.

But Gillers said those dates are hardly written in stone.

If Congress doubts the legality of the electors or their votes, they can be rejected, Gillers said, though only with a majority of both houses.

Democrats, with Al Gore as vice president casting the tie-breaking vote, will still control the Senate on Jan. 6. But Republicans, with a five-member lead, will still control the House.

So might enough House GOPers reject a Bush slate of electors, thus allowing for the appointment of an acting president?

It's possible, Gillers said.

Some Republicans might side with Democrats because they come from districts that voted strongly for Gore, he said.

Clinton has not commented publicly on an acting-presidency possibility.

Gillers and other experts acknowledged how farfetched the option is. But those same scholars thought the election would be resolved by now.

Congress could appoint Clinton as ‘acting president’ says scholar

-- Ain't Gonna Happen (Not Here Not@ever.com), December 11, 2000