Those ballots aren't on Coleman's list that was disclosed to Franken prior to the start of the trial, so they aren't admissible anyway. The fact that Coleman did not put them on his list because he was mistaken about the law is no excuse.

Coleman seems to be pretending that this isn't in ligitation -- and that we're still in the recount stage. During a recount, of course, you can make various arguments -- keep them, omit them, keep them, omit them, etc. -- that are inconsistent with one another. Those of you who have followed this case from the beginning of the recount should recall that this was going on all the time back then.

Litigation is different. If you stipulate to a certain fact or a certain conclusion of law, you've pretty much severed your ability to go back and change your mind. In litigation, Coleman agreed certain absentee votes should be counted. That's pretty much it, as far as I am concerned.

It's all about muddying the waters to make this whole trial worthless. His whole case has been a mess, I just think he wants this whole case thrown out so he could start over or something.

It's the judges fault for letting him play his games. Eventhough they rule in favor of Franken, I think they playing Coleman's game. They've let Coleman make ridiculous arguments, make ridiculous claims and it's gotten to the point where the whole trial is a mess.

They're letting Coleman bring the whole election system into disrepute. I think the Republican judge pulled one over on the others and is bought and paid for.

Wrap it up.

Yes they are trying to get some grounds for appeal. They want to get this out of Minnesota because according to all laws there and an incredible effort by the courts there to be fair, Coleman has lost. They need to get into federal court and then get themselves to the Supremes where the fix is in for any republican. Scalia and his crew will hand this to Coleman in a heartbeat just like Bush v Gore. This is not a nation of laws according to modern republicans, it is a nation of haves and have nots, it is a nation of the powerful and the nobody. Be afraid ..... be very afraid!

Eric, when this is all over, I'd like to buy you a beer. Or some Alka Seltzer.

I don't know how you have the stomach to keep covering this circus, but thanks for doing it so we don't have to!

PEACE

It appears that the only party that has been inconsistent in the recount and contest is the Coleman campaign.
Yes, it is their legal strategy, not the recount and election contest procedures, that is "fatally flawed".
At this point, the Coleman team is just picking its nose until the appeal.

Forward step cha-cha-cha

back step cha-cha-cha

forward step cha-cha-cha

back step cha-cha-cha

I'm waiting for him to introduce the Chewbacca defense.

"Why would a Wookiee, an eight-foot tall Wookiee, want to live on Endor, with a bunch of two-foot tall Ewoks? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, [approaches and softens] does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If Chewbacca lives on Endor, you must acquit! The defense rests."

Or is this latest flip flop a result of Chewbacca voting by absentee ballot in Nobles County while his pernament address is clearly Endor?

1) This trial isn’t an affront to our judicial system. To the contrary, it is a wonderful display that the system works. Even when national politics, complicated facts, inconsistent legal arguments, inherent flaws in existing laws and inevitable human error get thrown in, the system, with all its flaw on display, is working. Part of the problem is a matter of perception; law is a perennial favorite topic of entertainment, in book, tv and movies, and it is rarely represented accurately. One of the most common misrepresentations is the timeline between a case presented and a decision reached. It is rarely as satisfying in real life, and never as fast.

2) Many have speculated that one of the goals of the Coleman’s team is to delay as long as possible a 59th Democratic Senator from being seated. At this point, I have to conclude that is the ONLY purpose. They are not doing anything that can be rationally justified as trying to actually win. Coleman’s team has demonstrated that they really don’t care about the facts, law or ultimate outcome of this case. There is no apparent consistency to their arguments and no indication there is any theme or point to the witnesses and evidence they are offering. They are not trying to just create a record for appeal, because they have created too many invited errors, and have been unable or unwilling to make a coherent offer of proof. By this point they have even undercut many of the legitimate arguments they may have once had. It is almost unimaginable that they are trying to manufacture an argument of malpractice for appeal. (An alcoholic defense counsel passing out, inebriated, repeatedly during a murder trial is malpractice – a large, well-funded team of nationally-recognized attorneys making a mess of things is calculated obfuscation). Occom’s Razor (sort of): When confronted with multiple theories to explain a fact or situation, choose the one that has the least assumptions and simplest path. Applying this test, I see only one obvious conclusion: the Republican puppetmasters have given directions to just keep shoveling doo-doo until the judges finally take away their shovels.
Then conduct the appeal with the same approach. A bad argument still takes time to refute.

3) The only drama left to unfold is just how long the judges will allow the shoveling to continue. Indications are they are reaching that point. (Remember how long the OJ trial went on? THAT was a case of the judge losing control of a case. Fairly simple murder case. Could have been presented over a couple weeks. The facts of this case are actually much more complicated.) We can expect more rulings, faster, that continue to limit Coleman. Proof of my assumption will be when we get to a point that there are only a handful of ballots still “in play,” with no mathematical chance that Coleman can win, but his team will keep fighting for each ballot, rather than just making an offer of proof, because fighting takes longer. His case will just peter out, rather than actually conclude. When we finally get there, I wouldn’t be too surprised if the case dismissed without Franken needing to put on a case, and Franken’s team then submitting a concise, written offer of proof to support the inclusion of additional ballots in his favor, to properly preserve the record.

Mr E says..."the Republican puppetmasters have given directions to just keep shoveling doo-doo until the judges finally take away their shovels."

Exactly. I believe the republicans just held a fund raising event for this slime. Thats all this is. They have no shame.

They already leveraged far more out of the stim than have been fundraised to pay Coleman's legal bills. And that, my friends, is the game they are playing.

They already leveraged far more out of the stim than have been fundraised to pay Coleman's legal bills. And that, my friends, is the game they are playing.

I hate to say it, but if they're just using a black magic marker to mark over numbers that were written with a ball point pen , all they probably have to do is put a piece of scotch tape over the place where the numbers were mentioned, pull it back up and, presto, negative impression of the printing. Stick the tape onto a white piece of paper and they'll jump right out at you.