JUDGES: Franken winner of Senate race

[onehandle]

Source: KSTP CBS

Over five months after the election, a three-judge panel has declared Democrat Al Franken the winner of the Minnesota U.S. Senate race. The judges issued their final ruling late Monday, stating "Franken received the highest number of lawfully cast ballots in the Nov. 4, 2008 general election."

They also have determined that Franken is entitled to receive the certificate of election.

Last week, Republican Norm Coleman suffered a blow after a few hundred previously rejected absentee ballots were opened and counted at the tail end of Coleman's lawsuit contesting his loss in a statewide recount. They broke almost 2-to-1 for Franken to pad his lead to 312.

Outside the courtroom, Coleman attorney Ben Ginsberg minimized the new margin because his side was certain to appeal to the Minnesota Supreme Court. "What happened today in the sphere of this election is really inconsequential," he said. "There's a much larger universe of ballots that should be opened."

Read more: http://kstp.com/news/stories/S877958.shtml?cat=1

[annabanana]

1. Ok, Norm... It's PAST time to give it up. . .

AGAIN!

[L. Coyote]

44. Franken wins AGAIN, and again, and again

Deja Vu. Al Franken, America's most frequently elected Senator ..... :rofl:

[sofa king]

105. He'll be a freshman Senator, but he's already been elected nine times.

[curiousdemo]

50. So long sucker!!

The game over Coleman, time to pack it in, and go do some illegal lobbying with your wife. :rofl:

[TheCowsCameHome]

2. Cheer up, Norm. Being first loser is still quite an honor.

:rofl:

[Hokie]

3. Here is a link to the entire order

This is a slam bam thank you mam win for Franken.

http://dl-client.getdropbox.com/u/60825/COLEMANvFRANKENfinalfindingsoffact.pdf

[glinda]

4. I am telling you he will take it to the top because that is the only way anyone

would rule for him.

[pleah]

5. Okay, Norm you can go away now.

K&R

[WillParkinson]

6. Supreme Court here we come!

Bush v Gore: Round 2. Fight.

[NYC Liberal]

8. But here, the Senate can refuse to seat Coleman no matter what ANY court says.

So fuck you Norm. You're just wasting your time and your money.

[No Elephants]

70. The Senate should have seated Franken long ago.

[NYC Liberal]

72. They should do so now. The court basically told Pawlenty to sign the certificate

Enough is enough with Coleman's stupid shit. This is ridiculous.

Imagine if Norm was ahead and had effectively won -- what would he be saying?

[rpannier]

35. Most legal scholars feel the USSC won't take the case

The Constitution gives the Senate the right to make these decisions.
If the Court were to rule in favor of Coleman, the Senate has the right to just ignore the ruling and seat Franken and there is little the Court can do about it.
To have that happen would weaken the Court significantly

[jazzjunkysue]

59. Interesting question, if the GOP will let Coleman keep this up.

He's weakening the state by preventing them from representation, and he's weakening the court by testing everything that happens in court.

And it's not like the seat matters all that much: It's not 49-49 anymore. So, what does the party get from all this? A black eye.

[SKKY]

7. You know, I once held a gruge against Al Gore for not fighting...

...harder. After seeing the eventuality of this, I'm glad he bowed out when he did. Now, that whole Lieberman for VP thing? He still owes me an explanation on that one.

[Politicalboi]

12. I see it the other way

That had they actually kept counting the ballots Gore would have won. And now after seeing Looserman's true colors, like you I have to wonder myself what Gore was thinking. I wish Gore would have stuck with it though. You would think Coleman would learn his lesson over Bush v Gore but as you can see they have no principles.

[Towlie]

16. "Looserman"? Please don't pull a "Get a Brain! Morans" on us.

[No Elephants]

73. If you are going to mock a poster here for things like typos or spelling, best hope no one ever

spots an error of any kind in one of your posts.

[Doremus]

54. Stuck with it how? Is there some court higher than the SC that I'm unaware of? nt

[Winterblues]

102. How could they count any ballets when the Extreme Court ruled the counting be halted?

Florida State Law required that if a recount was requested only the particular precinct that was in question could be recounted. The Extreme Court ruled that was unconstitutional and ruled there could be no recounts unless the entire state were to be recounted and that there was not sufficient time to do that. Bush* was then selected pResident.

[CBHagman]

122. The thing about Lieberman...

...was that on paper he looked like a progressive choice. I'd have to dig out my Who's Who in Congress guides from the 1990s and check the Americans for Democratic Action and AFL-CIO ratings for the man to be sure, but I think that was the case back then.

In fact when Gore picked Lieberman, NPR characterized his choice as leftward-leaning.

Nowadays, of course, after the disaster of the Bush years and Lieberman's toadying, everything looks different.

[sce56]

41. The way I see that with his stealth NEO-Republicon ways if Gore did not lose do to the

intervention of SCOTUS on Sept 12, 2001 it would have most likely have been President LIEberman!

[defendandprotect]

56. Yep . . . talk about your Trojan Horses . . . !!!

[OwnedByFerrets]

61. How much further could AL have gone than the Supreme Court??

:evilfrown:

[road2000]

64. But he didn't go there.

Bush did. SCOTUS upheld the chimp's scurrilous claim that a recount would violate the equal protection clause of the 14th Amendment. Coleman can't go there. You always make sense, so am I failing to read something between the lines, here?

[No Elephants]

74. They both went. Gore could have caved once Dummya appealed, but Gore

did not. So, yes, Gore fought it as far as he could.

And Coleman and Franken will go to the SCOTUS as well.

[RedCloud]

113. I think the lawyers for Gore did a poor job.

How is it that the Democrats conceded to allow totally bound in clumps several thousand ballots from the military included? Purging occurred and which party did not get equal protection under the law? Which party lost over 200,000 votes to those purges from Texas? Which Republican counties had super duper second chance voting machines? Why were the Democratic counties not so equipped? Imagine the results with no purge and super duper second chance voting machines in Democratic strongholds. I say Gore wins by 300,000. And finally why didn't someone point out that Gore/Lieberman do not have any hunting buddies on the SCOTUS but Bush/Cheney did? And why didn't that justice recuse himself?

[OwnedByFerrets]

124. I will agree with you here, although we dont know for sure

what they were told to do or acquiesce to.

[Hippo_Tron]

62. The SCOTUS is the highest court in the land, nowhere he could've gone from there

[tomp]

92. he could have and should have gone to the people...

...to the streets, if necessary. the sc ruling in bush v gore is criminal. it has no validity among human beings who actually honor law.

[Hippo_Tron]

120. There would not be an even remote chance of success

The propaganda machine known as the MSM would have made sure people stayed complacent and that's something Gore could not have overcome. Even if some people had taken to the streets it would not have changed a thing. At that point the only legal way to change the outcome was in the Republican controlled congress.

[tomp]

132. the decalration of independence contains the principle that...

...the overthrow of the government may be necessary and by implication, therefore, legal. certainly mass protest against the illegal ruling of the sc would have been justified. whether it would it have worked, not worked in concrete terms will have to remain historical speculation, not fact, as you seem to be asserting. certainly such protests would have changed the political landscape, if not the actual presidency. about this there can be no doubt.

[No Elephants]

71. Gore fought in the highest court in the land. Short of treason, how much harder

could Gore have fought? And btw, Gore should have taken it to the SCOTUS.

And that is where this one will end up as well. No matter who wins at the Minnesota Supreme Court level, the loser there will take it to the SCOTUS.

The damn Senate should have seated Franken as soon as he won the recount. Harry Reid needs to go.

[wildflower]

9. So, is this it yet?

I've lost count of the number of headlines I've seen over the last few months that declare him the winner. When will we know it's really true?

I fervently hope this is the end. Go Al! :bounce:

[madrchsod]

10. coleman is going to lose his case in front of the minnesota supreme court

and he`ll lose in the federal appeal courts. i doubt the us supreme court will hear his case.

if they do, coleman`s only hope is the court decides to strike the minnesota ruling that absentee votes are a privilege not a right.

[No Elephants]

76. From the MN Supremes, his appeal is directly to the SCOTUS, not the lower federal courts.

[Wapsie B]

103. Bush v. Gore Act II.

[bleever]

11. "The problem that former Senator Coleman has is he lost fair and square,"

"The problem that former Senator Coleman has is he lost fair and square," {lead Franken attorney Marc} Elias said. "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."

[pinto]

13. *Great answer* from Elias.

:kick:

[blondeatlast]

95. Perfect answer--succinct and puts Coleman into a very uncomfortable defensive posture. nt

[usregimechange]

14. Coleman continues legal chalenges at his peril

[L. Coyote]

45. They are blocking control of the US Senate, not Franken.

[No Elephants]

77. Exactly. This is way bigger than Franken or even Minnesota.

[No Elephants]

75. Why? What does he have to lose? It's not even his money paying for this. And he already

has a nice job. Lord only knows what else the Pubs have promised him to get him to keep going. I'm not seeing what Coleman has to lose at all. Minnesota is the real loser here. Only one Senator looking out--and voting-- for its interests all this time.

[Kitty Herder]

15. Do the Repubs think they can keep appealng this for six years?

They are denying Minnesota one of their senate seats and that is not right. It has to stop.

[Zambero]

17. NORMAN, Oo-oo-oo-oo-oo-oo! NORMAN, Oo-oo-oo-oo-oo-oo!

NORMAN, NORMAN CON-CEDE!!!!

:nopity: :nopity: :nopity:

(Sung to the melody of Sue Thompson's "Norman" c. 1962)

[Johnyawl]

52. You are so dating yourself, dude!

[No Elephants]

78. And?

[AlbertCat]

107. You are so dating yourself, dude!

Uh...I listen regularly and know Bach and Handel....
Does that date me to the 18th century?

Some people like oldie goldies that were big BEFORE they were born, y'know.

[annabanana]

90. He should be met with this ditty everywhere he goes!. . . n/t

[xxqqqzme]

18. The next step is for the Governor

to sign the certificate - no?

There's a much larger universe of ballots?? That is a weird phrase - whose universe? how large? who otes there?

[muddrunner17]

21. Yeah, he just forgot that the only ballots that count are the ones that are actually in Minnesota!

[Mister Ed]

23. The Governor and the Secretary of State need to sign a certification

Democratic Secretary of State Mark Ritchie has indicated he'll wait until any appeal to the Minnesota Supreme Court is resolved. Republican Governor Tim Pawlenty has hinted that he'll withhold certification even then.

There are no legally-cast ballots left to count. That's pure PR from Coleman's attorney.

[lovuian]

117. Harry Reid give Franken a seat ...get some courage

Do it Harry

[road2000]

31. I'm sure there are quite a few left over from Florida 2000.

The only trouble is, they all say "Al."

[sce56]

40. Now that is a Duzy if I seen one! n/t HaHa

[No Elephants]

81. No. The next step is to appeal this decision. This is going to the SCOTUS eventually. Harry

Reid should stop being Harry Reidish and seat Franken.

[AlbertCat]

108. I thought it weird too

"UNIVERSE?"

That's to make it seem there are a LOT of contested votes....an infinite amount perhaps?


NOT!

[tomhayes]

19. To summarize:

1)Unanimous ruling for Al

2)Explicitly rejects Equal Protection argument

3)Explicitly rejects alleged double counting

4)Explitcly allows the lost votes in the total

5)specifily makes Coleman pay some of Al's Legal Fees

6)Explicitly rules that becuase some invalid absentte votes may have been counted that counting more invalid votes is not a remedy

7)Explicitly says a new election is not a legal remedy.

8)Explicitly finds record is devoid of the follow: 1)official Misconduct 2)Foul play or misconduct in regards to missing ballots, 3)No evidence of bad faith by election officials

9)Explicitly states the court shall not set aside totals certified by the canvassing board

10)Franken is entitled to an election certificate


Not sure how Coleman will come back from this.

[Doctor_J]

38. HIs object is to delay it for 6 years if possible

If this were reversed Big Media would be running it 24/7.

[Mister Ed]

48. Thank you for the summary. Very helpful.

It should be in its own OP.

:patriot:

[No Elephants]

79. Thanks, Tom. Welcome to DU, too.!

[blondeatlast]

96. Nicely done; you should post as a stand-alone thread.

:thumbsup:

[D23MIURG23]

111. There is no way.

This isn't about the election anymore. This is an obstruction tactic to undermine support for Obama's agenda by denying a 59th democratic seat in the senate.

Coleman already accepted another job; he knows this is over.

[KamaAina]

123. I didn't know Wal-Mart was hiring greeters in MN

Coleman already accepted another job

:P

[azmouse]

20. HA! I love it!

Good for Franken. :)

[opihimoimoi]

22. Norm the Worm can take solace he came in 2nd.....fuck him.....asshole he is..

[Third Doctor]

24. Coleman will appeal.

This has turned into a GOP ploy to deny the Democrats a 59th senate seat. Voter representation be damned.

[opihimoimoi]

30. He can appeal but he is making himself look kinda STUPID and SELFISH

he is a selfcentered prick

[tavalon]

34. Making? That ship sailed a long time ago.

[opihimoimoi]

51. I shoulda included "Continuing to".... :o) LOL

[No Elephants]

80. He doesn't care how he's seen. He cares about accomplishing the objective, which is to

keep the Democrats from getting the 59th vote for as long as possible.

Democrats care too much about how they are seen and too little about accomplishing their objectives. Republicans don't have that same flaw.

[No More Bushbots]

125. That's not the objective

Norm and the Republicans aren't that smart.
They just can't grasp the concept that the majority of the public won't vote for them.
It's simple denial, not a conspiracy.

[mainegreen]

25. I wish we could prevent a republican senator from being sat for months on end next round

just to show them how wrong and stupid it is.

[No Elephants]

83. Reid could have seated Franken right after the recount. I've emailed my two Democratic Senators,

begging them to choose another Senate majority leader. IMO, everyone here who has a Democratic Senator should do the same. PLEASE!

[AlbertCat]

109. just to show them how wrong and stupid it is.

Oh, THAT makes sense!

Besides, they already KNOW how wrong and stupid it is....and THEY DON'T CARE.

[Hope And Change]

26. Norm, please go away.

[Oldtimeralso]

27. Just A Question To Throw Out?

If the election was for a specific term, does the time that he was deprived of serving get added on to the end of that term?

If it is not, can Al sue Coleman for the salary that he was denied by Coleman's actions? After all Sen Franken was elected over 5 months ago and has been illegally held from taking his rightfully won seat for more then 3 months.

[AlbertCat]

110. Sue the bastards!

I think the people of MN should sue Coleman and Pawlenty for denying them equal representation in the Senate as prescribed by the Constitution. After the initial recount demanded by the close race showed Frankin the winner, the rest is just obstruction. The motives and tactics are clear, and they do not have to do with representing MN fairly.

[The Wizard]

115. They can sue Pawlenty

on election day.

[mdmc]

28. My Man!

[baldguy]

29. AP: Minn. court declares Franken leading vote-getter

"Leading vote-getter"!?!? Give me a FUCKING BREAK!

This is America!
HERE WE CALL THE "Leading vote-getter" THE WINNER!!!!

http://news.yahoo.com/s/ap/minnesota_senate

[Bicoastal]

32. Tell that to Al Gore.

(sigh)

[baldguy]

37. Republicans think of the subversion of democracy as an endless source of humor.

:mad:

[road2000]

65. Amen. n/t

[LeftishBrit]

68. I wish....

If America's leading vote-getter had been called The Winner in 2000, perhaps the world wouldn't be in quite so much of a mess.

[democraticinsurgent]

104. MSNBC similarly misleading, they must be in mourning

Their headline says:

Minn. Court: Franken Had Most Votes.
Subhead: Coleman to appeal as race drags on

http://www.msnbc.msn.com/id/30199310/

Can't even find the story on CNN's home page. Apparently all the good real estate on the front page is given to missing girl/women stories.

Sheesh.

[baldguy]

121. On the CNN Radio hourly news, they just called Colman the "Incumbent".

:grr:

[tavalon]

33. Norm is a soreloser man

[santamargarita]

36. This appeal shit must stop and tell that Coleman fuck he lost!

Republican don't care how much true Americans hate them

[IndianaGreen]

39. Norm Loserman!

He should pay all of Franken's legal fees, and all court costs.

[Yavin4]

42. Republicans Don't Give A Shit About Democracy or the People

They ONLY care about RICH people. They see themselves as agents for the very wealthy, even though most of them are not rich and never ever will be.

Thus, Coleman and Pawlenty's denial of senate representation for the people of MN is not seen as a bad thing. In fact, it's seen as a good thing because they don't want another Liberal senator voting for the people and against the interests of the wealthy. In Coleman's and Pawlenty's view, they are doing the right thing for their constituents, the very wealthy.

[sellitman]

43. Yawn

Wake me up after Norm actually finishes his concession speech.

Until then this isn't even news.

[L. Coyote]

46. Coleman, the Kleenex of "Sore Loser." Go cry a box, Norm!

[underpants]

47. SENATOR.... AL.... FRANKEN!!!!!!!!!!!

:bounce:

[benld74]

49. Hi! I'm SENATOR AL FRANKEN!

[neuvocat]

53. It will be appealed

and most likely the MN governor will somehow get involved. The state GOP will fight this and the D.C. GOP will do its best not to seat Franklin. Anything the GOP can do to make it impossible for Franklin, it will do.

[No Elephants]

84. Speaking frankly...

Franklin






Franken








(Couldn't resist. :hi: )

[defendandprotect]

55. Franken probably won by a much larger margin . . .

or will this be the one election where there were no votes stolen by the GOP?

And funny how Repugs want recounts and ALL the votes counted . . . !!

:evilgrin:

[dflprincess]

57. It will be interesting to see what the local 10 o'clock news has to say

BTW (not that it's all that important) KSTP is the local ABC affiliate. WCCO (http://www.wcco.com) is the CBS one.

[micraphone]

63. Updated news item at your link:

Either side can appeal an eventual state Supreme Court decision to the U.S. Supreme Court or throw the disputed election before the U.S. Senate, which can judge the qualifications of its members.

Latter option looks good to me. Go Al!

[No Elephants]

85. My guess is that Al has already explored that with Reid and been turned down. (Al went to DC not

long ago, but did not say why.)


Reid needs to go. If you have a Democratic Senator, please make your feelings about that known.

[Adenoid_Hynkel]

58. celebration video from Franken headquarters

http://www.youtube.com/watch?v=b_mwsDFm7bQ

[Gman]

60. Ginsberg translation:

We've wasted 3 months and there's many more we can waste until November 2010.

The only intent of any further litigation is to stall and keep the Senate at 58 instead of 59 Democrats.

[davidpdx]

66. It's about FUCKING TIME, COLEMAN YOU GODDAMN ASSHOLE GIVE IT UP!

SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN SEAT FRANKEN SEAT FRAKEN SEAT FRAKEN SEAT FRAKEN

[LaPera]

67. Fuck the republicans. Will Reid & the democrats finally just seat Franken tomorrow!!

[radfringe]

69. more - regarding COLEMAN "appeal"

Judges rule Franken winner; Coleman to appeal
http://www.startribune.com/politics/national/senate/42932907.html?page=1&c=y

Three judges soundly rejected Norm Coleman's attempt to reverse Al Franken's lead in the U.S. Senate election late Monday, sweeping away the Republican's claims in a blunt ruling Coleman promised to appeal.

--snip--

In an interview earlier in the day, Coleman said he believes "thousands" of rejected votes should have been counted.

Coleman legal spokesman Ben Ginsberg said the ruling denies many valid votes by applying a stricter standard to determining eligible ballots than local officials applied during the recount.

"This order ignores the reality of what happened in the counties and cities on Election Day in terms of counting the votes," Ginsberg said, asserting that Coleman must appeal to assure that valid votes are counted. Coleman's lawyers have 10 days to file an appeal with the Minnesota Supreme Court.

But experts who read the panel's 68-page ruling say it effectively attacks some of the very arguments that Coleman would use on appeal.

"It is the kind of opinion that is unlikely to be disturbed on appeal by either the Minnesota Supreme Court or the United States Supreme Court," said Richard Hasen, an expert on election law at Loyola Law School in Los Angeles. "The opinion considers the major arguments made by Coleman and rejects them in a detailed and measured way."

Added University of Minnesota political scientist Lawrence Jacobs: "This is judicial speak for 'nothing here,' and it is most definitely aimed at the appeals process. It's a signal that they are supremely unimpressed by the Coleman case."

The office of Senate Majority Leader Harry Reid of Nevada released a statement Monday night praising the judges' decision but signaling that he would not move to seat Franken in advance of Coleman's expected appeal:

--snip--

The panel was blunt in how it dismissed Coleman claims. A cornerstone of his case was the argument that the judges should count absentee ballots they had deemed illegal during the trial because similar ones had been accepted on Election Day and during the recount.

The panel wrote that Coleman's position would "lead to an absurd result. Following argument to its conclusion, the court would be compelled to conclude that if one county mistakenly allowed felons to vote, then all counties would have to count the votes of felons."

Moreover, the panel said that Coleman failed to show that "alleged errors or irregularities regarding the treatment of absentee ballots affected the outcome of the election."

The panel took aim at some Coleman claims that will likely figure in any appeal to the Minnesota Supreme Court or federal court system. One of those was his argument that widespread problems -- including varying practices by counties in determining which votes to count -- denied many people their right to vote.

"There is no evidence of a systemic problem of disenfranchisement in the state's election system, including in its absentee balloting procedures," the panel wrote.

Bitter battle

The battle over rejected absentee ballots became the centerpiece of the trial because they provided the best chance for Coleman to find votes to overcome the lead that Franken held after the recount.

But that battle became bitter after the judges in February rejected Coleman's bid to count as many as 4,800 absentee ballots. The judges said Minnesota law made absentee voting a privilege and set strict eligibility standards for absentee voting to avoid fraud.

After that ruling, Coleman's lawyers shifted gears and began to attack the legal reasoning of the panel and the practices of state and local elections officials.

The judges in their ruling confronted those arguments head on, defending the integrity of the state's electoral system in the strongest terms at the very end of their ruling.

"The citizens of Minnesota should be proud of their election system," they wrote.

And the judges rejected Coleman claims that Franken netted about 100 votes in Minneapolis after some ballots disappeared and others were counted twice when local officials failed to keep track of damaged original ballots and their duplicates.

"The court did not hear testimony from any precinct election judge that they duplicated damaged ballots and failed to mark the duplicates or the originals," the judges wrote.

Regarding the missing ballots, they wrote: "The record contains no allegation or evidence of fraud or foul play with respect to the missing envelope of ballots." The judges said every indication is that the machine totals from the Minneapolis precinct were accurate.

[cyclezealot]

82. Norm has cheated Al out of 4 months.

How about demanding the Senate tack on his four lost months when it turns 2015.

[blondeatlast]

97. Norm has cheated his fellow Minnesotans and Americans, too--

and more importantly.

[democrank]

86. Enough already.

Seat Senator Franken.

[No Elephants]

87. This is war, but Democrats are not fighting back. The RNC is fighting for its life. It is fighting

to keep out of the Senate--not Al Franken, but a 59th Democratic Senate vote. Meanwhile, it is paying Coleman's legal fres and it is gotten him a nice job with a fat salary.

Meanwhile, Reid the Spineless could have seated Franken right after the recount.

Franken went to DC not long ago but would not say why. My guess is that Franken was in D.C. trying to see if the Senate would exercise its Constitutional power under Article I, Section 5 to seat Al, as the Republicans seated one of their own did when faced with a less clear situation than this when the Republicans were in the majority. (Why is that my guess? Did Franken really have the time and energy in the middle of this mess to go to DC for fun?)

Article I, Section 5 provides:

Section 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

(Minnesota even has a law that provides that someone seated who does not ultimately turn out to be the winner under Minnesota law has to give up his or her seat!! However, the catch is that Minnesota does ot have a law that calls for provisional seating in the first place; and the Constitution may requre that. See: http://www.apj.us/index.php?option=com_content&task=view&id=2121&Itemid=2)




In any event, the Senate does not seem to be in a hurry to seat Franken. (Lest we forget what "fair fighters" Republicans are:
http://digg.com/d13UB3 )(attacking Al in 2006 with made up "direct quotes" and a photoshopped pic)


Posting is fun, but IMO, ALL Democrats who care about Franken and/or that 59th vote need to:



1. Encourage Al. http://www.alfranken.com/page/s/contact

2. Donate to Al to help him keep fighting this. (It WILL go to the United States Supreme Court. Bet on it.) https://secure.alfranken.com/page/contribute

3. Contact your Senators and plead that the Senate

A. Exercise its power under Article 1, Section 5 and seat Al.

B. Replace Reid as Senate Majority Leader.


And, if you live in Minnestota, also:

Contact your state legislators and demand that they pass a state law regarding provisional seating of U.S. Senators and Representatives.

[blondeatlast]

99. They shouldn't fight back. The RNC, already on a desperate defense, has made it a political issue

and the Democratic Party has little to gain and much to lose by aggravating the public nastiness.

So far, Franken and his people have done an outstanding job of playing this out in the media and the more the RRRs push it, the more desperate and sad they look.

Time to pressure Pawlenty to certify the election, that's all that needs to be done because if he doesn't, he's clearly playing politics and that will lose him the next gubernatorial election or any chance for him to go to DC as an ELECTED representative.

Franken and his people are playing this perfectly. No need for others to make it any nastier.

[Optical.Catalyst]

88. K & R

[Optical.Catalyst]

89. Seat Franken Now

[SlingBlade]

91. K & R

[WillyT]

93. K & R !!!

:bounce::party::bounce:

:kick:

[Mad_Dem_X]

94. YES!

Bravo to Al for not giving up the fight!

[blondeatlast]

98. Time to flood Pawlenty's office with calls to certify the election! According to the article,

it's up to the governor to certify the election. Pawlenty needs to be reminded that he's playing on the losing (Republican) team and that if he wants to get ahead (and he clearly has higher aspirations) that he's got to win moderate votes too.

Time to put Pawlenty in and uncomfortable position and the appeal is simple--he is not doing right by his Minnesota constituents, who are being underrepresented in Washington.

[Ian David]

100. It will be over when they make Norm Coleman Secretary of State. n/t

[no name no slogan]

101. Coleman is already the laughingstock of MN politics

He went from being a fairly popular Republican mayor in a solidly DFL town to being a complete and utter joke in the space of six years.

I live in his St Paul neighborhood, and even his own neighbors can't stand him now. He is finished in Minnesota politics. He had aspirations to be governor, but that will never happen-- not after this long, drawn out, and completely unnecessary court case.

(Oh, and BTW, KSTP is the Minneapolis/St. Paul ABC affiliate, not CBS. KSTP is owned by Stanley Hubbard, a long time Republican supporter and donor.)

[Mister Ed]

128. But wasn't Coleman a Democrat when he was mayor of St. Paul?

He switched parties when the winds began to blow more favorably for the Republicans.

[Deep13]

106. 2+2 still = 4 nt

[RedCloud]

112. Republicans obstructing democracy needs to get air time.

Why do they think they can weasel every last drop of incredulity out of an extremely foregone conclusion and pretend they have a valid complaint?

It is because they are not being hammered in the media for aiding Coleman in his dastardly deed of delaying Franken's time on the Senate.

[The Wizard]

114. Coleman has nothing to lose

The Republicans will fund this as far as the Supreme Court and hope for a repeat of Bush v Gore where they'll select the Republican. Then the sorry lot should be impeached, starting with Scalia.

[lovuian]

116. Alleluia maybe things will get moving now

Good fight Al

[Hepburn]

118. Norm --------> STFU!!!

You lost ~~ deal with it. :eyes:

[Lost-in-FL]

119. Hopefully Coleman will continue the appeals...

so any chances he has for running again are lost due to lack of funds.

[happygoluckytoyou]

130. COLEMAN HAS NO APPEAL..... never did, never will

[lutefisk]

133. Criminal organizations reward loyalty. He's doing this for the Republican Crime Family at this point...

And they will reward him. If he is a viable candidate, I think they will back him.

[DFW]

126. IF they had the funds, and IF they could think up the legal maneuvers

Republicans would dedicate the money to delay the seating of every Democratic Senator in a State where the
governor or Secretary of State is a Republican. They know the trend is in our direction. Winning elections
is no longer the way to controlling the Government. The people don't want them right now. They'd lose. So?

So try something else. The Coleman thing is a "something else." They know Franken has won. This is a test
launch of a nuclear political strike on us. If it hits its target, look for a LOT more of these "disputed"
elections in 2010 where the Democrat has a narrow win. The longer Franken is denied his seat, the more it
looks to them like their missle has scored a direct hit. I see this as a trial run.

[paulkienitz]

127. Generalissimo Franco's doctors admit he has taken a turn for the worse (nt)

[happygoluckytoyou]

129. So how many Republicans does it take to lose an election? ONE but he loses it 10 times ! ! ! !

[northofdenali]

131. Shades of 2000.......

at least Franken didn't wind up with the U.S. Supremes making the decision. Yet.

[Vidar]

134. Go, Al, go!