Fox News - Transcript

Interview

Fox News - Transcript

MR. HEMMER: Should Al Franken take his seat tomorrow in the U.S. Senate? Many senators say, and forget about that, no way, don't let it happen. One of them is the Republican from Texas, John Cornyn.

Sir, good morning to you, a member of the Senate Budget Committee.

You are very opposed to seating Al Franken. What's your position on this? Why?

SEN. CORNYN: Well, the Senate's rules require an election certificate, which can't issue until seven days after the canvassing board certifies the recount vote, and as you point out, Bill, there's a lot of questions about double counted ballots, about absentee ballots that likely favor Norm Coleman that were refused to be counted by the canvassing board.

These issues will be all worked out in court over the next few weeks, but tomorrow, I don't think Al Franken will have a legal right to claim that Senate seat until all the votes are properly counted.

MR. HEMMER: With regard to Norm Coleman, is his best chance right now a legal challenge, take it to the courts? Is that what it appears to be for him?

SEN. CORNYN: Well, there have been a number of legal challenges that have been filed in the Minnesota Supreme Court, for example, asking for a uniformed standard by which to judge absentee ballots that were, some were and some were not recounted by the canvassing board.

So, yes, I think at this point once the canvassing board finishes its job, the only place left to go would be to the courts for that --

MR. HEMMER: Well, help us -- what's the issue with the absentee ballots?

SEN. CORNYN: Well, the problem was each of the local election precincts and judges decided which absentee ballots they would count and which they would not count. So when the canvassing board was looking at what absentee ballots needed to be counted, there wasn't a uniform statewide standard, which is required by law.

MR. HEMMER: So that kind of smells like Florida in 2000, doesn't it?

SEN. CORNYN: Well, it's the same issue. It's a matter of equal justice; everybody's vote ought to count equally, none should be discounted in favor of others. But it's also an issue of just some simple mistakes like double counting, about 133 ballots out of one county.

So there have been some mistakes and with 3 million votes, to have it come down this close, I think, it's really important we follow all the rules and follow the law --

MR. HEMMER: Sure, sure, I understand. I think everybody wants the rules to be followed in this, but what the State of Minnesota said from the very beginning is that they revamped their election process to make sure that there is a state standard and maybe the courts will figure that out in the end, but this is what I understand with regard to the Senate side, right? According to Senate rules, you can file an objection, which may or may not happen based on what senator wants to stand up and object, then you review the candidacy of Al Franken, which essentially, puts his seat to the side until the matter is determined.

SEN. CORNYN: That's right. It would go to the Rules Committee of the Senate and then they would come back to a recommendation to the entire Senate. As you know, there's an ongoing dispute about the Illinois Senate seat that will basically undergo the same sort of process and we'll get the senators eventually, but I think tomorrow it's premature to say in Minnesota the seat will be filled.

MR. HEMMER: So the irony in all of this is the Blago case, the Blagojevich case and the Roland Burris nomination could have a similar fate?

SEN. CORNYN: It will go -- if the Democrats insist on blocking the governor's appointment, Mr. Burris, then it will go to the Rules Committee. There will be a delay until the Rules Committee comes back with a recommendation whether to seat Mr. Burris or not, a similar situation with the Minnesota seat.

MR. HEMMER: How long have you been in the Senate, senator?

SEN. CORNYN: I've been here six years.

MR. HEMMER: Six years, I mean, based on history, can you remember a time like this?

SEN. CORNYN: Well, I have looked back to see if there's any precedent for this, and there are a couple of ancient precedents, but this is a very unusual time to say the least.

MR. HEMMER: Senator, thank you for your time. We'll watch it from here, okay, from Capitol Hill, John Cornyn. Thank you.

SEN. CORNYN: Thanks, Bill.

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