Talkingpointsmemo's Josh Marshall: Bad News for Franken?

[flpoljunkie]

06.02.09 -- 12:35PM

BAD NEWS FOR FRANKEN?

I hope I'm wrong. But Gov. Tim Pawlenty's (R) apparent decision not to seek reelection does not bode well for Al Franken's ability to get seated in the senate any time soon. That's because the most probable next step in the endless Franken-Coleman drama is that the Minnesota Supreme Court will rule in Franken's favor and it will fall to Pawlenty to issue the certificate of election that will get him seated in the senate. The details are sort of murky. But the upshot is that Pawlenty will likely have just enough wiggle room to refuse to do so, if he wishes, perhaps using the excuse of possible litigation on Coleman's behalf in the federal judiciary.

As long as he was going to run for governor and had to face Minnesota voters again, there was good reason for him not to completely stick his finger in the eye of the election process. But now that's not holding him back. And since he's probably running for president, he'll have tons of incentive to pander to the hardcore tea-bagging wing of the GOP and keep Franken out of the senate as long as he can.

--Josh Marshall

http://www.talkingpointsmemo.com/

[DURHAM D]

1. Ok - Obama needs to declare marshall law and send in the National Guard. n/t

[LiberalFighter]

5. Correction: Should be martial law.

Marshal law would be when the old west Marshal (city police chief) decided the law.

[DURHAM D]

7. Thank you - thats what happens when you type and talk on the phone at the same time. n/t

[LiberalFighter]

18. I try not to do that. But then again I don't need to worry about the phone much.

Very difficult to perform other functions that require focus when on the phone.

[CatWoman]

14. what about "Martian Law"?

:)

http://www.tv.com/sealab-2021/der-dieb/episode/160872/summary.html

[LiberalFighter]

If you want Martian Law you need to travel to Mars to find it.

[CatWoman]

17. it appears you're not up on SeaLab 2021

:)

[LiberalFighter]

19. Is that a show or reality?

[CatWoman]

24. SeaLab 2021 - part of Adult Swim

[LiberalFighter]

25. Isn't that an old show?

[CatWoman]

27. yep

but they still show it on late Friday nights :)

I loved the Capt. Murphy character, but he died and was replaced by Capt. Shanks.

[ChiciB1]

29. Ha! Ha! Ha!.... Don't Hold Your Breath!!! n/t

[Cha]

2. Dirty repuke politics would leave

one to think this..I hope we're all wrong!

[movonne]

10. I thought of this as soon as I heard that is would not run again for

gov....as also thought that the ones running the show for the GOP have offered him a chance to run for president and will back him so that they can do this....another dirty trick...

[Cha]

11. Oh

gawd. We'll see.

[zipplewrath]

3. Senate can seat him with out it

It all be preferable that he be seated after being certified. But the senate is empowered to seat him if they wish without it. I'm dubiuos they will try very hard, but it can be done.

[old guy]

9. Justice Page made that exact point yesterday.

His question to Frankens lawyer was that the Senate will ultimately decide this so why are we here. Elias said basically to let Coleman have his day in court so all would see there was nothing scary going on. Paraphrasing these comments.

[flpoljunkie]

22. Good to know.

[chicago legal pro]

16. Reid told Burris he could not be seated without the certificate.

[zipplewrath]

20. He "would" not

The senate can do it, but is not required. I suspect the GOP might be tempted to block it if they tried.

[dflprincess]

4. Pawlenty has never received more than 45% of the vote in a statewide race

- and he's only won because both elections have been 3 way contests. What he's pulled over the state budget (vetoed an income tax increase for the wealthy and totally gutted General Assistance Medical Care) has not made him any more popular. It would not do his national ambitions any good if he lost the 2010 election. I think that has more to do with his decision than anything to do with Franken.

[DarthDem]

6. Josh Is Great, But . . .

. . . he's overanalyzing here. The MN Supreme Court can issue an order to Pawlenty. If he defies it, he's risking a showdown between the executive and the judiciary in MN. I don't think he cares enough to do that; if he did, he'd be running again. This doesn't concern me.

[S_E_Fudd]

8. Presidential candidates hated in their home states rarely get far...

And that is the position Pawlenty would be in if the MnSC rules for Franken...

[elocs]

12. Ultimately, Pawlenty signing or not, it is the U.S. Senate who decides who gets seated as a senator.

That's the way it is.

[Dawgs]

13. The state supreme court and/or the US Senate will seat Franken.

Not Pawlenty.

[WI_DEM]

15. The thing that should happen is if MN supreme court rules in favor of Franken they should seat him

pending a decision of the US Supreme Court--if Coleman goes that far. If the Supreme Court then declares Coleman victor--then Franken could vacate the seat.

[zipplewrath]

21. Hope they don't

Quite honestly, I hope they either decide to hear the case so that they say Coleman has no case, or decide not to hear it at all. The worst fiasco would be for the courts to decide Coleman was elected after Franken was seated. First of all it would be a usurpation of power from the Senate. Second, if they accepted the decision, it would put into question everything Franken had voted upon, especially any votes of a single difference. Basically it would be a constitutional fiasco. Kinda like the last time the SC decided to decide an election.

[Vinca]

23. I interpreted it exactly the opposite way.

Pawlenty would figure he had no choice but to seat Franken and knows he would piss off GOP voters in the state.

[flpoljunkie]

26. Pawlenty says he's 'gonna do whatever the court says.' Hope he means the Minnesota Supreme Court.

Pawlenty’s decision could also affect the outcome of the still contested Minnesota Senate recount.

The governor has resisted pressure from Democrats to sign the election certificate declaring Democrat Al Franken the winner over Republican Norm Coleman. And Pawlenty has also refused to commit to signing the certificate when the state Supreme Court decides the recount case, probably later this month.

Without reelection prospects to worry about in a moderate state that’s losing enthusiasm for Coleman, Pawlenty could make a play to conservatives by backing Coleman until the absolute end in order to score points with Republican activists in early primary states.

But Pawlenty said his decision not to seek a third term will not impact whatever action he takes when the court rules and pledged not to unnecessarily delay the certification.

“I’m gonna do whatever the court says,” Pawlenty vowed. “As soon as I’m directed to sign the certificate, I will.”

Jonathan Martin contributed to this story.

http://www.politico.com/news/stories/0609/23242_Page2.html#ixzz0HJRkiId7&A

[blaze]

28. Is there a record time for election results?

Don't mean to hijack your thread... just kinda curious and I can't seem to string together the right words to bring up any results with Google.