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Franken Lawyer: Coleman Lost, And Has No Case

Al Franken's lawyer Kevin Hamilton just finished his opening arguments against Norm Coleman's lawsuit to contest the results of the Minnesota Senate race. His case boils down to this: Norm Coleman is suing because he lost, and is searching for things to complain about.

Hamilton said that Coleman has failed to meet the very burden that is necessary to win an election contest -- that is, to overturn the presumption of regularity on the part of the state and local officials -- and is instead set on finding little errors that may still exist out there. "It's better than most," Hamilton said of Minnesota's election system, "but it's not immune."

Hamilton also pointed to Coleman having reversed his position on the crucial issue of improperly-rejected absentee ballots, noting that his campaign litigated during the recount to keep ballots out -- but are now trying to get up to 5,000 ballots put in. "Against that history, against that backdrop, it's simply stunning to see the most recent position," said Hamilton.

Hamilton made a similar attack on the subject of double-counted absentee ballots, which have become a major part of Coleman's case. Hamilton quoted Coleman lawyer Tony Trimble writing in an e-mail during the recount, approving a directive from the state on how to handle absentee ballots.

"Now before this court, fully aware of the results of the recount, contestant [Coleman] wants to change the rules he agreed on, but only in these 22 cherry-picked precincts," said Hamilton, lambasting Coleman's case.

In the end, Hamilton said, it's not good enough for Coleman to allege that errors might have occurred, but he must instead prove "that serious errors did occur that did in fact change the outcome."


15 Comments

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Next up...the part where Coleman presents his evidence. Don't blink - you might miss it.

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Oh, please. Temper tantrums clearly last longer than that.

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I dunno, it's hard to miss a 7 foot tall Chewbacca.

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Thank you, Eric, for following up on this. When it is finally settled, may you not have to cover anything connected to Minnesota for, oh, 12 months.

(Michelle Bachmann? You have to stay off the TeeVee, ok?)

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Co-sign.

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LOL, hopefully she does.

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I continue to be impressed, and amused, by the clarity of legal expertise and logical arguments demonstrated by Franken and his legal team, compared to Coleman and his team.

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It is the collision between reality and illusion of entitlement of power.

History has shown this many times. Let me see when Douglas lost to Lincoln in 1860 or recently when Mugabe lost in Zimbabwe.

The thing is Coleman is counting on some miracle of a packed court or litigation mistake.

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Diogenes had it easy. Try to find someone who thinks Coleman can win. McConnell doesn't - he's already agreed to committee divisions based on Franken winning. Coleman himself doesn't - he's already lined up a new gig. His only chance is to try to set up grounds for appeal in federal court, where he can hope to get it kicked up the the SCOTUS and have tweedle-dum and tweedle-dee intervene.

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So a Hail Mary pass, but unfortunately the quarterback normally runs an offense that only runs the ball.

(ok, really stretching the football ref here, but I just thought it suits the week before the, um, 'big game'.)

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It sounds like the bulk of the evidence for Coleman's case just got disallowed. I'd say the quarterback can't even take the snap without dropping it.

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I watched the courtroom today, Colemans own witnesses hurt him. There needs to be higher stakes for losing frivolous civil litigation. I like indentured servitude.

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Did they look under the weapons of mass destruction for Coleman ballots? Oh wait, there weren't any.

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It seems that Coleman is intentionally seeking to postpone the inevitable. He's likely got some deal to score GOP points for each day he keeps Al out of the Senate. Said points will be redeemed in sinecures like consulting for the Republican Jewish Coalition...which was the signing bonus. Plus, who is paying his, must be enormous, legal bills?

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Coleman's opening statement set out what he is really up to--the US Sureme Court selecting him to be Senator. Note in the report on the Coleman opening argument the emphasis on alleged differing standrads within the state--a denial of equal protection of the laws. This is right out of the decision of Bush v. Gore that selected Bush to be President. The obvious plan is to get to the US Supremes and let them select him after putting together enough specious "evidence" for Scalia to write the decision. It appears that Franken's attorneys did a good job of shooting down their effort thus far.
I am astounded that the Coleman lawyers submitted doctored evidence--back when I was in court regularly, this would get you a quick trip to jail for contempt of court (and I mean the baliff would immediately take you straight there) while the local prosecutor was summoned before the judge to collect the evidence and head for the nearest grand jury--the best one could hope for was an over nighter and then loss of license to practice law. Morality and ethics aside, we all knew the rules and the consequences so it didn't happen among the "locals." Frankly, it just never occured to me to even think about doctoring evidence--times change.

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