Franken leads +225 (+21 from the "Nauen64" group that have been added by the court to the "Ready to Count" pile and whose voters have declared they voted for Al)= +246
Provisionally (to allow for some evidence clean up and last minute stuff) Team Franken will rest its case this afternoon. No decision from the Election Contest Court on the Franken Motion to Dismiss (day 6).
A possible timeline on what comes next.
Reactions to this milestone: cheers, jeers and spooky (but then you already know that must be Ben Ginsberg, Coleman hallway monitor and paid stoner.)
All you lawyer types out there, I've got questions. Can you do answers?
Put on your gloves and galoshes, bend your head into the wind and c'mon past the Orange fold for more......
UPDATE: Good grief can't Norm do ANYTHING right? Now it appears his Senate campaign has leaked credit card information of contributors out into cyberspace, just in case anyone needs to hack into some Colemanik's account. Yeesh!
http://www.dailykos.com/...
1) Election Contest Court ECC: Episode XXXVII
Minneapolis city elections director Cindy Reichert returned to the stand yesterday for more testimony. Also several more Franken voters testified. No decision on the Franken Motion to Dismiss from last Thursday.
An interesting point found by a blogger who IS a lawyer:
[Comment From aonanodad]
@Desperate, Been surveying 50 state S(upreme) C(ourt) rulings. From state precedent throughout the country, it would be highly unusual for a Court to "uncount" votes short of fraud or negligence.
[Comment From Tomtech]
Franken has entered 250 of his ballots into the record in open court, 150 of which came during the last week. There has been multiple examples like this morning where large chunks of ballots were put on the record without witness ballot by ballot testimony. Coleman did the same predominantly with his final submission which will be allowed or not (probably in part) based on the last Friday motion hearing.
You've noticed the contrast between the Coleman and Franken presentations? Well its not ALL perfect on the Franken side. Yesterday Lillehaug made a mistake with an exhibit and:
Comment From Shlif]
....... I liked when Hamilton (Lillehaug?) said, after an error was discovered in one of his exhibits: "I've been waiting to do this. Withdrawn!" It was a great way to tweak Friedberg for all the dozens (hundreds?) of times he's had to say "withdrawn."
But the big story was at the pressers afterwards. Franken attorney Marc Elias said plain as day their side will provisionally "rest their case" today. (Assumes no last minute snags or some lengthy legal argument from the Coleman side.)
Really? REST? What an amazing 4 letter word! Rest! Let lie. Repose. Requiescence. Tranquility. I am SO in favor of the motion I will signify by lying down.... on a beach somewhere.
So Team Norm took 5 weeks and 1 day to put on their case. Team Al went Biblical, created their own universe and on the 7th day rested. (OK, so they worked ON the seventh day and rested at the end of it. But with court starting today at 1:30 for a 1/2 day session they are moving toward the "Six days shall ye labor and on the seventh day shall ye rest.")
Jay Weiner at Minn Post sums up thusly:
By the end of (Tuesday), Franken’s lawyers brought in 62 voters, most of whom seem to have submitted legal ballots. They brought in 11 county auditors or election officials, most of whom seemed to suggest Franken’s witnesses – and other voters’ ballots in their counties – should be counted. Another 40 or so election officials statewide have been certifying the validity of ballots from afar.
They rest because they believe they have added ballots to their side, because they lead, because, to quote another Testament, "what further need have we of witnesses?"
2) Stormy Thoughts
One thing that might delay the case today are some of the witnesses Franken has called are traveling from western parts of the state where the storm has been the worst. (Part of the reason court begins at 1:30pm.)
(Minnesotans are a hearty bunch and good "storm" drivers but they know bad when they see it and they're smart enough to pull over. I was coming back from Des Moines a few years ago in just this kind of sleet/freezing rain/snow crud doing a careful 25mph. About 20 miles this side of I-90 on I-35 I saw 4 semis jack-knife before my eyes and another roll over in about 15 minutes. I got a motel right then and beat the rush: 35 rooms vacant when I checked in, 0 45 minutes later.)
Its quite possible some witnesses may be stranded on the way to St. Paul and be unable to testify. So we'll see and hope for safe travel for everyone.
While you're hoping for them please send up prayers, blessings, karma, whatever you've got to Whomever you've got for the judges and lawyers in this case as well. If something awful should happen to Friedberg on his way in or if, say, Judge Marben would be injured on his way in from the hotel what then? Legal types help us out--- what would happen?
If one of the lawyers would be incapacitated somehow (I mean physically; Ben Ginsberg's mental/psychic delusions still leave him able to walk and talk) I suppose the rest of the team could/would pick up the slack. But what about one of the judges?
In a jury trial there are usually a couple alternate jurors who have been hearing the case and can step in as a replacement. But what about here? Is there a replacement judge? Would the remaining 2 be able to finish and render a verdict that would hold up? Or (Gaak!) would the whole bloody thing have to be re-tried in front of a fresh panel? Anybody have an educated guess? Is there statutory provision for this?
3) Possible Sequence/Timeline
Just so everyone can set their calendars here's a guess on what comes next and how many days.
1. Today: Court convenes 1:30. Franken brings in more evidence for its side and puts a few more witnesses on the stand. Provisionally rest case.
2. Nauen64: ECC hears from Charles Nauen representing 37 voters and their absentee ballots remaining from their original group of 64. (3 withdrew, 3 more were ruled invalid. 21 were ordered by ECC to be put in "Ready to Count" stack: presumably in Sec. of State's office.) Both Franken and Coleman camps can support or oppose voters Nauen is bringing in. Begins Thursday--- 1 or 2 days?
3. Rebuttals: Contestant (Coleman) opens and closes a case. So Coleman has presented and rested. AFter today Franken will have presented and rested. Coleman gets to offer rebuttal of Franken's case/witnesses/ evidence. Rebuttal is limited to direct testimony & evidence that offsets Franken's witnesses, testimony and evidence. Franken gets to do the same with same limits.
Neither side may introduce NEW evidence (like Ben Ginsberg as a witness offering a copy of Barack Obama's "Kenyan birth certificate" supposedly produced on AL FRANKEN's ditto machine. Neither can Coleman call Michele Bachmann as a Coleman character witness ........BBWAHAHAHAHA!!! Bachmann recognizing character? When she has none of her own? Hee-hee! Wicked thought department: I would be willing to be homeless for a year just to hear David Lillehuag and/or Marc Elias on cross-examination. That would be the best 10 days of the trial, bar none, and worth the entire WineRev Mn-Sen Events series! Whew!)
Rebuttal time: Weiner thinks maybe 1 day, some other legal types around here maybe 2 days.
4. Closing arguments. Both sides will get a chance for the lawyers to sum up their case and poke holes in the ice under the other side's skates. What do you think, legal types? This is a high-profile, major case, so 1 day for each side to close? Too much? Too little?
5. Orders from the ECC: There are motions pending that the court needs to resolve. In so doing, and in light of the case now resting before them, the ECC must DECIDE and order certain ballots to be opened and counted. (In the wildest fantasies of the Colemaniks, also order certain ballots UN-counted.) There is no set time period in which the ECC must do this but my guess is that it won't be long, maybe a day or 2.
Whichever ballots finally make it into the golden circle the ECC will most likely order the Sec. of State's office to do the honors. At this point ballot copies (either clean from Team Franken, or crayoned, coffee-stained and tac-tac-toed from Team Coleman) will not do. The court will want best evidence: the ballots themselves, which will need to be transported from 87 counties across the state to Mark Ritchie's office. (Maybe a few of them will even arrive in the trunk of a car you rat bastard Reichwingers!) That will take maybe 2 days.
That will give both sides time to read (and maybe argue) the rules the ECC will set about the ballots: will both sides be able to challenge (just like in the old days in December)? Since there is no longer a State Canvassing Board to rule on challenges, who will? (Recall the Board?--- so "equal protection" of same standards by same persons is preserved? Just Ritchie in his capacity as Secretary of State? The ECC itself?)
Whenever this happens it will be absolute MUST-SEE TV on the Uptake. Strap on the extra servers at the UpTake computer central! You're gonna need 'em to broadcast the last chance for both Niemackl and Lizard people to overtake Norm for 2nd place!
6. But having counted the ballots in question then its back to court. The ECC will need to resolve any challenged ballots and rule on motions: Kick out the Minneapolis "133"? Franken goes down net -46. Hold there was no double counting of duplicate ballots proven? Coleman's side takes another shovelful of dirt on the grave.
And then finally DECIDE the statutory question and purpose of an Election Contest Court: "Who got the most valid, legal votes?"
There is no legal time limit for this. A court can take as long as it wants (but my own feeling is they will not dally. A few days certainly; they'll want to get it just right, sleep on it, and tweak it once more.)
Sooo 1+2+2+2+2= 9 court days to get us back into court after that final, great, openin' up mornin' (h/t ABowers13) so..... maybe around the 24th or so? Could we then have another week until a final decision?
And how will the court announce? Just written? Post it on the website? Or orally? (I hope the last. They should have the chance to finally speak and have everyone listen.)
[Comment From VA Atty]
Morning thoughts: Now that we're in the end game of this suit (barring, of course, preternatural turns of events), I'm hoping for well-written, extensive and pithy Findings of Fact and Conclusions of Law from this court.
While it isn't properly the court's job to reply to 'hall court' allegations and divinations, I really hope this court can produce some eloquent and memorable ways to express just how vacuous Coleman's case has been from the beginning. A few quotables to shove down Cornyn's throat would be much appreciated, O judges of the ECC.
(I can't say that I've seen much in the way of outstanding legal writing from this court to date, but I can only hope they'll rise to the occasion.)
4) Reactions to Coming Rest
News of the coming rest of Franken's case touched off reactions from here to Washington.
A. Al Franken was in DC yesterday sitting in on a lunch meeting of the Senate Democratic Caucus, invited by Harry Reid. Minn Post writer Cynthia Dizikes (Dizikes? Ya know, Lena, dey have some pretty unusual names out dar in Vashington. Some of dem don't even end in "son", "sen" or "nen" like they're supposed to. Maybe da Minnesota Post could only find a Czech to work for dem dar?)......reports:
"The light at the end of the tunnel is that the case will wrap up and the court will make a decision," said Franken, adding, "I believe that we are going to win the election contest and that after that [Coleman] can do what he wants. And if he does choose to appeal, it will be to the Minnesota state Supreme Court, and if they rule in our favor, then I imagine that I will be certified, and it won't be very controversial that I will be seated. But, no, we are not attempting to be seated before that."
Dizikis also noted the Senators were interested in a personal update and satisfied how things are going. Said the SENIOR Senator from MN, Amy Klobuchar:
"I believe that the Minnesota process is very clear," said Klobuchar, adding, "So there was no talk about the Senate intervening."
Story and nice photo here: http://www.minnpost.com/...
B. Election Contestant Cullen Sheehan (Norm's partner in the case and campaign manager) had to step up in place of the 2 PR flacks the Coleman side has lost in the last 2 weeks (Friedrich and Drake). Fortunately he can read (!) talking points from Limbaugh as well as those 2 could:
"Al Franken doesn't know the difference between a light in the tunnel and the freight train that is coming right at him," said Coleman’s campaign manager, Cullen Sheehan. "The freight train is coming, and it's Senator Norm Coleman being re-elected to the United States Senate. And, if the contest court results are fair and legal, that freight train ..."
WHAT? Cullen!? You calling out the court? You sayin' they ain't being LEGAL? Hey fella, you are on ALL the court papers there, you know? I wouldn't be picking on a court that I'm in front of but thats just me. I mean implying the court would be "unfair" and "illegal" IF they don't find for me and my case, well Cullen, its just the way I was raised but I don't think that kind of talk is going to help my case. (Remember "Night Court"? Where is that bruiser of a bailiff who could pay Cullen a visit at night and "educate" him to some of the finer points of court decorum?)
What kind of attack is THAT on the judiciary? Cullen, where do you get off questioning the court like that, a court that has bent over backward for your case, letting your lawyers strike their own first 2 days of the case, NOT smacking your over-priced gang around anymore than they did for not having witnesses ready to testify. Really STOOOPID, Cullen...... and (fair warning) the hallmark of totalitarians, who always hate the law and fear justice (both for good reason). You ain't being fitted for a brownshirt but that kind of talk is where those kind of people shop, Cullen. So lay off the courts!
C. But while Cullen Sheehan (a name I want to quit typing sooner rather than later and never want to type again) is just being the typical south end of a north bound Republican horse Ben Ginsberg took things to another level. Its just I'm not sure I've ever visited that level personally (or at least I don't remember it.... but enough about my college life), that level where he would say:
"I take joy of heart, lightness of heart, even in the Franken campaign deciding to rest their case tomorrow," said Coleman’s legal spokesman Ben Ginsberg, but he reserved comment on the overall merits of Franken’s case until, he said, Wednesday’s conclusion.
I only read of Ginsberg comment. I did not see video of him making it so I don't know if he looked like Jack Nicholson with a certain look rasping "Here's JOHNNY!" but it sure SOUNDS like that. Same glint in the eyes, same smile, "I take joy of heart..."
Whew, thats just creepy. I've joked about the Coleman side being on or off pyschotropic drugs like Thorazine or Stelzine but this sure sounded like evidence that sometimes humor is damn close to the truth..... Yeesh!
Stuff like that from Ginsberg makes me appreciate who Franken has handling his side, and this blogger put it well:
[Comment From Shlif]
@ billw: Actually, that's one interesting distinction between the Franken lawyers and the Coleman lawyers, both in the courtroom and in the hallway. Franken folks are invariable polite, observe all court protocols completely, apologize even for minor errors, etc. Friedberg and Ginsberg are rude, presumptive, and (especially Friedberg) seemed to think they have every right to say what they want to and act like they want to.
5) Just as you Thought Department:
Chris Steller at the MN Independent has a brief story about TX Sen John Cornyn who is doing his level best to prove Republicans are impervious to education and what they are doing blocking Franken:
http://minnesotaindependent.com/...
There was some confirmation of that from an UpTake blogger who apparently was at CPAC, the Conservative Gropefest that featured Limbaugh, Coulter and the usual GOP (gang of predators) with various grop-ees (like Crist and Pawlenty, who finished last and second to last in a prez straw poll.)
[Comment From LandslideAl]
Caitlin -- Coleman's strategy is to stall through appeals. I was at one of the breakout sessions at CPAC and we discussed the economy of stalling at the appellate level vs. the trial court level. It was agreed our money would be best spent on appeals.
Wednesday Morning Minnesota Media
Both Twin Cities Newspapers knocked the ECC trial to the B sections for the holiest of reasons. Front page A1 top streamer is: The High School State Hockey Tournament opens today! Little Falls; Hill-Murray; Totino Grace; Roseau; Warroad. They will ALL be here. The '84 Edina state champs will hold a reunion to bless their sons and nephews in this year's tourney. (And you outlanders say we Minnesotans have no life. HAH!)
Doyle & Duchschere for the Star Trib are still writing from the B section (B5). They avoid the Ginsberg quote above since its a family newspaper and would scare the children. Instead they settle for a tamer Ginsberg quote on the rebuttal, "I think there were a lot of subjects that were raised in the Franken case that we have the opportunity to follow up on." No word if that follow up will happen INSIDE the courtroom or be confined to Ginsberg in a striped leotard turning somersaults in hall to the floor exercize music of "Springtime for Hitler."
The Pioneer Press probably knew Rachel Stassen Berger was out catching a couple of first round hockey games, so they had Washington correspondent Henry Jackson give us the scoop (!) on Al's trip in DC and the trial latest.
http://www.twincities.com/...
Well I;ve got the early shift and I'll need to leave early to slide on over to the wineshop. Its a little long today but you need something to keep you until 1:30 for court on the UpTake. Stay warm. Skate hard. Thats the latest from yust southeast of Lake Wobegon.
Shalom.