On Saturday ABC's "Noted Now" reported that the first presidential debate, scheduled for Thursday in Miami, could be canceled. The Commission on Presidential Debates is reluctant to sign the agreement negotiated by the Bush and Kerry campaigns regarding the rules that will govern the 2004 debates.
The 32-page legal document [pdf file] between the Bush and Kerry campaigns seeks to prevent surprises and requires the Commission and moderators to sign as well:
2. Sponsorship
The two campaigns will participate in four debates sponsored by the Commission. However, if the Commission fails to execute this agreement on or before September 22, 2004, the two campaigns shall each have the option of terminating this agreement, or by agreement between them, seeking other sponsors for some or all of the proposed debates. The parties agree that the Commission's Nonpartisan Candidate Selection Criteria for 2004 General Election Debate Participation shall apply in determining the candidates to be invited to participate in these debates.
[. . .]
4. Moderator
(a) Each debate will have a single moderator.
(b) The parties have accepted the Commission's recommendations of the below listed moderators,
provided that each proposed moderator executes a copy of this agreement at least seven (7) days prior to the debate that individual is to moderate in order to evidence his or her understanding and acceptance of, and agreement to, the provisions hereof pertaining to moderators. If any proposed moderator fails to execute a copy of this agreement at least seven (7) days prior to the proposed date of the debate he or she is to moderate, the two campaigns will agree upon and select a different individual to moderate that debate:[. . .]
16. Ratification and Acknowledgment
The undersigned moderators selected by the Commission agree to the terms contained herein and agree to fulfill their responsibilities as described in the Agreement.
According to Noted Now, A senior debate commission member says debates are in jeopardy and puts the blame squarely on the Bush campaign:
"If they don't want to debate, that's fine. They can tell the world why the don't want to debate. If they decide to pull out, it's on them."
On Friday the Commission sent the Bush and Kerry Campaigns a letter [pdf file] announcing that Bush/Cheney and Kerry/Edwards meet the Commissions selection criteria. That letter also addressed the agreement between the campaigns:
We have reviewed the terms of the memorandum released by the campaigns on September 20. As we go forward with our debate planning, and in order to ensure that the 2004 debates proceed in an orderly, fair and informative way, we will make every good faith effort to accommodate those terms. If departure from the terms becomes necessary, we certainly will confer with the appropriate campaign representatives.
The Commission is agreeable to the September 30 presidential debate being devoted primarily to foreign affairs and homeland security and the October 13 debate being devoted primarily to domestic and economic policy. We say "primarily" simply to acknowledge the possibility that a significant development may lead a moderator may conclude that some modest deviation from the primary topic is necessary.
The commission's position is a problem because the 32-page legal agreement between the Bush and Kerry campaigns states:
1. Number, Dates, Time, Locations, Topics
(e) The topic of the September 30 debate shall be foreign policy and homeland security. The topic of the October 13 debate shall be economic and domestic policy. The October 5 vice presidential debate and the October 8 presidential debate shall not be limited by topic and shall include an equal number of questions related to foreign policy and homeland security on the one hand and economic and domestic policy on the other.
The agreement doesn't include the wiggle room for the "primarily" that the Commission wants.
The Miami Herald reports that the product of a lengthy tussle between the campaigns, the ''memorandum of understanding'' seeks to spell out every detail of the debate:
It starts with the walk-on, prompted by a "verbal cue" from the moderator, includes the hand shake and orchestrates the closing, noting that even if the clock has run out on the 90-minute debate, the candidates get the last word.
[. . .]
The agreement even dictates the size of the podiums, down to the inch -- 50 inches high -- and prohibits the use of risers by either candidate "to create an impression of elevated height."
The candidates are barred from appearing with any "props, notes, charts, diagrams or other writings or other tangible things," but they have unfettered flexibility when it comes to taking notes.
They're permitted any "size, color and type" of paper they prefer with any type of pen or pencil.
But they can't waltz onto the stage with the materials. They must be passed along to debate staff beforehand, who "will place such paper, pens and pencils on the podium. . . ."
Though it's likely neither man will ask to be called ''exalted leader'' or ''your excellency,'' the contract does give each candidate the opportunity to "determine the manner by which he prefers to be addressed."
I can't imagine that the these details won't be worked out. There have been televised presidential debates during the last seven elections, since 1976. There was a hiatus between the 1960 debates between Kennedy and Nixon and the 1976 debates between Carter and Ford. Lagging in the polls Kerry can't afford for there to be no debates.
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