Franken leads +312.
Number of valid ballots (absentee or otherwise) remaining to be examined by a court of law and counted by the Secretary of State's office of Minnesota: 0.
Thoughts after the Orange fold......
The Count, Finally and Final
EVERYBODY was ready for Tuesday! Judge Reilly brought her mother to court to watch. Judge Hayden's husband (who is also a judge) came too. Sec. of State Mark Ritchie came but sat in the visitor's benches while Jim Gelbmann and Gary Poser did the honors like they did back on Jan. 3 and the opening of the 933 absentees then.
And yes, Team Coleman was there (although without Norm himself) and attorney Tony Trimble showed that while the ice is going out on lakes across MN his brain and courtroom tactics continue in frozen brainlock. FIVE freakin' minutes after the session started Tony was on his feet asking the Court for a 15 minute recess. Why?
[Comment From KevinS]
Trimble, "Your honor, we didn't know you would be counting today." shessh
Judge Hayden decided to show off with her husband in the room:
"Denied. Sit down Mr. Trimble."
(If Coleman PR flack and election thief-in-chief Ben Ginsberg would have been in court, an UpTaker guessed the motion might have been:
[Comment From Chris II]
Ginsberg: "Your honor, I move for a recess. Our case in hallway court is more important than this one.")
Obviously the day started well!
It took about 45 minutes to open the 387 ballots in question and for the court to rule if any of them had "issues" and a few did so that the final FINAL number of ballots that would be FINALLY counted was......351. (Franken began the day with a +225 lead.) Live bloggers passed the time with gems like this:
Comment From Jindal-Bachmann 2012]
Many absentee ballots will have written in George W Bush for senator. The almost physical separation pangs have driven countless Americans to tears.
Yes, I too have been moved to tears at being separated from the image, the thought, the idea and the insult to the human species that IS George Bush, but those tears........ have a different chemical composition than what JB2012 is snarking about. (It has been shown there is a measurable chemical distinction between sorrow, and pain, and "tears of joy." And brothers & sisters, I paid my dues in the first 2 for 8 LOOOOOOooong years!)
At 10:35 a triple gaveling called all to order. Gary Poser, flanked by Trimble for Coleman and Marc Elias for Franken (Marc flew in for the day from DC) so either side could challenge a ballot (neither did), began sorting into Franken, Coleman and other piles. Nearly 2000 were on the liveblog or video at the UpTake alone. At 11:07 the words to Poser: "You may begin."
The Franken-Coleman-Other numbers were 10-3-1 after 3 minutes.
[Comment From EV Debs]
You can see that this process is biased because more ballots are going in the Franken pile than in the Coleman pile.
By 11:24 Franken had 63. With a +225 starting lead and 351 to be counted that was the clincher. The rest came to a final of 198-111-42 or 56.4%- 31.6% -12.0%.
[Comment From Jeff in CA]
If anyone here from Western Pennsylvania remembers Bob Prince, the radio announcer of the Pittsburgh Pirates in the 1970s, you will recognize this, as the Pirates win in the bottom of the 9th on a steal of home: "We had 'em AAALLLLLLLLLLLLL the way!"
billw: It took Norm Coleman nine weeks to prove they Franken's lead should have been 87 more than the State Canvassing Board said it was.
Aftermath I
We all knew there would be pressers afterwards and there were. For a brief moment they sounded like they would be terrific as moderator Jennifer at the UpTake promised:
Jennifer: After this, we'll bring press conferences galore, and Noah (Kunin) and Mike (McIntee) will recap, take questions and do tap dances.
I, like several others, slightly, oh so slightly, mis-read the 9th to last letter as a lower case "L" not a "T". I couldn't WAIT for those two guys to start in on Ben Ginsberg and Marc Elias with THE most suggestive set of reporter's questions EVAH.... and maybe even give the Faux Noise Pole Dancing Co. of augmented gum-chewers a run for their money but alas..... it was all a misreading.
Marc Elias for Franken made on-going use of "FORMER senator Coleman" and had the unmitigated temerity to..... name FACTS:
"The problem that Senator Coleman has is he lost fair and square. He lost because more people voted for Al Franken than voted for Norm Coleman. No amount of lawyering or sophisticated legal arguments is going to change that."
"I think this is going to be a decision that former Senator Coleman is going to have to make about what he wants, how he wants to be remembered for this process ending, what he wants for the state of Minnesota. I suspect that, more than Washington, D.C., political considerations will come in to play."
"Coleman brought a non meritorious claim.....Franken has been elected the next MN Senator"
On the other hand, Ben Ginsberg for Coleman was more entertaining than usual. Oh not because of this:
"The decision [to press the case forward] is Senator Coleman's," Ginsberg said. "He has received much support and advice and good cheer from the members of the Republican Party, but it's Senator Coleman's decision."
Or this:
"What happened today in the sphere of this election is really inconsequential. There's a much larger universe of ballots that should be opened."
Last votes of the election being counted: "inconsequential" huh? Right.
No actually Ben was entertaining because Rachel Stassen Berger (RSB) of the St. Paul Pioneer Press had hot sauce on her luncheon enchilada and came on like the grand-daughter of Helen Thomas! Ginsberg got off some crap lines like those above and called on RSB for her question. She asked, "Do you have anything other than rhetoric to back that up?" YOWSER!
Ben went into total duck and cover mode... NOT a happy man facing the PRESS with its blood up for the hunt. He snarled back at RSB something about "reporters who do their jobs in digging out these stories."
Rachel hit him again! "You want ME to do YOUR research? Show me the numbers."
I've said it in a different setting, but Rachel now THAT is how tango is done! THAT is how poker is played! And THAT is how a reporter grills at a press conference! Charbroil the subject like a walleye for a shore lunch by Split Rock Lighthouse. You go grrrl!
Aftermath II
No rulings from the ECC as of late last night so we still wait. Now the ECC will rule finally who got the most valid ballots. Then the loser/Norm has 10 calendar days (weekends included) to file an appeal with the MN Supreme Court. If the court accepts the case then he has 15 days to bring ECC transcripts and evidence to the MNSC and file their case.
This is pretty cut & dried and a lot of folks around here on Kos think Norm will file about 9 3/4 days into the period, and take 14 7/8 days to get the stuff to the MNSC. This maximizes the delay tactics of the RNC and lets Pawlenty off the hook because he can say, "Look, I'm waiting for an appeal to play out."
But what about a scenario that flitted across the comments a few days ago? Legal types, what think you? Is the following even possible procedurally? And what think you of the strategy? Risks?
Scenario: The ECC rules the Mpls. 133 lost ballots IN (as they are now) and rules no evidence exists/was submitted regarding "double counting" of duplicate ballots for Franken. Decision: Franken received the most valid ballots.
Decision Day +1: bond is posted for an appeal of the ECC decision and papers are filed with the MN Supreme Court......by FRANKEN. Mr. Franken petitions the court of appeal from the ECC's decision as the injured party/loser since the ECC declared Franken the winner in the US Senate race but failed in its duty as "court of final determination" to issue or compel a state official to issue a Certificate of Election. Uproar ensues.
Decision Day +2: A small U-Haul panel truck (your donation dollars at work) pulls up at the loading dock of the MN Judiciary Building. Driver and helper get out, unleash 2 2-wheelers. Clerk of Courts/Supreme Court looks at driver's clipboard, peers in back of truck at dozens of "banker's boxes", all color coded and numbered, and says, "Whats this?"
Driver says, "Like it says at the top, these are all the transcripts, evidence and exhibits of a court case about the Senate election. Sign here."
45 minutes of unloading follow as Clerk of Courts tags all boxes. Noon: Acting Chief Justice Alan Page announces in a statement the Court will hear oral arguments on Decision Day +4.
In DC McConnell & Cornyn hold presser complaining about speed of legal maneuvers in MN. Sr. MN Senator Amy Klobuchar busts in on presser and all cameras & microphones swing to her as she smiles and says, "The Senators from Texas & Kentucky need to understand Minnesota only has one senator right now, so I'm working twice as hard as my esteemed but numbskulled colleagues. Also they need to understand there are 5 justices on MN Supreme Court who have to work 5 times faster. Fortunately, since 2 of the Justices and myself are women, and Justice Page is black, this is easy...."
Aftermath III
Deep from under the overturned table at the Sap Head Saloon in Plumb Dumb, TX comes the voice of Sen. Cronyn on Tuesday's events:
"Events today do not address the main issue that remains unresolved: over 4,000 Minnesotans were disenfranchised by this three-judge panel. That’s why it’s so critical for this process to move forward before the Minnesota Supreme Court and why Senate Republicans fully support Senator Coleman’s efforts."
NO, you Two-Bit Texas Tumbleweed! 4000 Minnesotans didn't properly fill in their absentee ballots, or were NOT registered to vote (if thats how its played in TX, Big John, I'll get on I-35 ratt now and drive down and start votin' agin' ya!).
Much more important than Cronyn.......ooops! Excuse me....... Interstellar dust 90,000 parsecs beyond the Delta Quadrant that the Borg haven't even thought of visiting yet, THAT interstellar dust is more important than John Cronyn. Let me try again.
Far more politically significant is an editorial in the Albert Lea Tribune after yesterday's count. Albert Lea is county seat of Freeborn County, straight south of the Twin Cities on the Iowa line. The AL Tribune endorsed Coleman in his senate run but came out yesterday calling for an end. They end like this:
For a time many Minnesotans followed the case closely, but now, after five months, they mainly see stalling. As for the rest of the country, at first, Americans thought Minnesota looked like a diligent place for vote recounts. Now, it’s starting to seem like an election laughingstock.
And Coleman, who rails against career politicians, is looking like a career politician who is losing his career. A good politician knows when he is looking bad and making his state look bad.
Throw in the towel.
Full bit here:
http://www.albertleatribune.com/...
Oh, and you know how the judges had family in court today? Well some other Minnesotans, those who voted, watched and endured these months of maneuvering, some of them wanted some action too. A couple guys from Carlton County (yust SW of Duluth) drove 3 hours to St. Paul to be first in line for public seats yesterday... arriving by 8:15am. (The math says thats gettin' up good and early!)
They were first through the metal detectors, got seats not far from Ritchie, watched the whole thing and the spin stuff after:
As the post-courtroom news briefings ensued, Peterson and Gerard, the gentlemen from Cloquet, watched from the marble steps of the Minnesota Judicial Center. On a landing below them, Elias, Ginsberg and Ritchie met the press.
It was fascinating. It was historic. They both said the three-hour drive was worth it.
"It was fun seeing the system in action," said Peterson. "We here in Minnesota take this election stuff very seriously."
http://www.minnpost.com/...
Yes you do! The WineRev doffs (DOFFS!) his hat to you and says next time I'm headin' to Superior I'll pull off at Cloquet and meet you at your bar. First round of drinks and food is on me. First toast is to Madison, Jefferson, Franklin & Lincoln.
Just for Fun, Peeps:
http://blogs.twincities.com/...
Wednesday Morning Minnesota Media
Star Trib's Doyle & Duchschere get front page top under "Count, Recount, Trial & Appeal" and a decent write-up of the drama of the day, democracy on display. On the A6 jump page Marc Elias' "lost fair & square" quote gets the big, bolded standout sub headline.
RSB & David Orrick's joint piece in the St. Paul Pioneer Press is under the headline "Franken stretches lead to 312 votes" and just a better written piece, although no mention of RSB's fireworks vis-a-vis Ginsberg.
http://www.twincities.com/...
The Big E at the MN Progressive project ponders what next for Norm, with an imbedded piece on his chances in federal court (hint: like all things in Norm's case, lousy). Also a side story on the day from Grace Kelly:
http://www.mnprogressiveproject.com/...
Whew! Well the people have spoken, and by 312 votes Mr. Al(an) Stuart Franken is their choice as the next senator from the Great Frozen North State of Minnesota! (I know, I know: lawyers, courts, appeals, etc. But for they moment: The People have spoken; the rest is commentary!)
Thats worth a second cup of coffee here yust southeast of Lake Wobegon--- maybe even with a bit of Bailey's or Drumgray to liven it up!
Shalom.