Coleman Trying New Maneuver To Get Approval On Ballots
After a series of rulings that have seriously hurt his ability to get new votes into the count, the Coleman campaign is now trying to pull off something of a Hail Mary pass to get ballots in -- and of course, the Franken camp wants to stop them.
Yesterday, the Coleman camp sent e-mails to county officials, asking them to certify that selected absentee voters whose ballots have been rejected did in fact meet all the legal requirements pertaining to voter-registration. The Franken campaign jumped on this immediately, sending messages to the counties to not respond, and filing a motion with the court to forbid it.
This morning's arguments got pretty heated. Franken lawyer Kevin Hamilton argued that this violated all the basic rules of evidence -- officials are being asked to phone it in, rather than testify in court and be subject to cross-examination.
Coleman lawyer James Langdon responded that Franken was running down the reliability of Minnesota's hard-working elections officials. "It continues to be part of their effort, as we see it, to obstruct the presentation of evidence and contestant's effort to enfranchise voters," Langdon said. He even said that Franken's lawyers should be reprimanded for telling the local officials to not respond -- a mirror image of Team Franken's own calls for legal sanctions against the Coleman side.
Hamilton responded that the experience of this whole trial has shown just how vital cross-examination is. "Statements made from that witness stand that once seemed 100% certain, flipped 180 degrees in cross-examination," Hamilton, because election officials were shown contrary evidence to convince them that a ballot should or should not count.
Hamilton readily conceded Langdon's point that asking local officials to e-mail in their opinion is easier than having them travel to St. Paul -- but this proves too much, he said, demonstrating just how important actual testimony is.
So what do we take away from this? Over the course of this whole trial, Coleman has probably succeeded in getting at least a few ballots counted, pending the judges' rulings down the road -- but those cross-examinations by the Franken team demolished a huge number of others, especially yesterday.
In short, Team Coleman wants to find a new way to work through the system. And the Franken folks want to keep the proceedings under the current rules, right where they are.
















This is the sound of one hand clapping. It matters not what either side says, it only matters what the justices say. I would be curious to know the justices reaction when they were informed of Coleman's latest stunt. Obviously, he's grasping for straws at this late point in the game which means he's exhausted all his legal challenges. He like a gold prospector turning every stone over in a riverbed hope hoping of finding a single gold nugget to make his effort profitable.
February 25, 2009 2:35 PM | Reply | Permalink
I see no way the judges can allow this. It amounts to allowing him to introduce evidence without any possibility of cross-examination. Langdon knows this perfectly well. It's a stunt.
February 25, 2009 2:50 PM | Reply | Permalink
Which makes me wonder why the Franken campaign bothered sending emails to the County officials telling them not to respond. By making a fuss now, the Franken seems to have openned the door for the Coleman to drag this trial out further and bring in each of those county officials. I would have thought that Franken would be better served to wait and make the hearsay objection when Coleman tries to introduce any responses into evidence.
Perhaps Franken is concerned that the judges will disregard the hearsay rule and accept the responses "for what they are worth." Judges have an unfortunate habit of doing that in bench trials.
Or perhaps Franken is concerned about the public relations effect of having these unrebutted statements from election officials out there, even if they are excluded from evidence.
February 25, 2009 3:35 PM | Reply | Permalink
I think it was the latter. As Mo pointed out below, there are two reasons why they're doing this: stall, and set things up for the appeal. But, there's a third reason: make Al appear illegitimate in the eyes of as many MN voters as possible. Coleman's stunt has the potential to help in all three fronts, so, it was a no brainer for them to try, and a no-brainer for camp Franken to try stop them before any damage was done.
February 25, 2009 3:44 PM | Reply | Permalink
That makes sense to me, but I would guess that Coleman is more concerned about a national audience than about Minnesota voters. I suspect that Minnesota voters have been exposed to enough information about this election to understand that their canvassing boards did a good job on the recount. I think Coleman has a better chance with a poorly informed national audience. If Coleman can sufficiently smear the process in the national media, then he empowers Republicans in the Senate to continue filibustering any attempt to seat Al Franken.
February 25, 2009 4:01 PM | Reply | Permalink
Seems like a set-up to extend the trial longer. It has Franken arguing for more witnesses and cross examinations and thus a longer trial - neat little trick.
He has brass ones considering it's been Coleman's PR man trashing the election results at every turn desperately trying to make the case for another election.February 25, 2009 2:42 PM | Reply | Permalink
Dual track strategy by Quimby.
1. Stall as long as possible to keep Al out.
2. Make it as messy as possible so that their appeal can be, "This was too messy!" and hope that somehow this gets to SCOTUS and they pull his nuts out of the fire.
Quimby is an asshat.
February 25, 2009 2:46 PM | Reply | Permalink
You owe asshats everywhere an apology for that comparison.
February 25, 2009 3:05 PM | Reply | Permalink
What a frickin circus this thing is. It's time to bring down the Big Tent, pack up, and move on.
February 25, 2009 2:51 PM | Reply | Permalink
I think it's clear that the Coleman team is huffing Glade.
February 25, 2009 3:44 PM | Reply | Permalink
Sorter Coleman: "I want to keep changing the rules until I find a combination that allows me to win. After that, we will have found the right system"
February 25, 2009 3:06 PM | Reply | Permalink
Did Coleman's high-priced lawyers skip Evidence 101?
Those emails are "hearsay." They are "out of court statements" that Coleman wants to use to "prove the truth of the matter asserted."
No way, no how, are they admissible evidence. (The officials could come in to court and testify, and be subject to cross examination, and THAT could be admitted . .. but trying to short circuit it by email just isn't legally acceptable.) That he's arguing it at all is stunning to me. That he hasn't been sanctioned (or at least warned by the court) for making frivilous arguments is pretty surprising too.
February 25, 2009 3:22 PM | Reply | Permalink
Patience, grasshopper.
February 25, 2009 3:30 PM | Reply | Permalink
So time is running out for "Chicklets". The silver-lining in the many delays are that along the way, Chicklets has demonstrated he is a man of zero integrity, that Minnesota did in fact vote in the better man and finally that Chicklets future in Minnesota politics are over.
Does anyone have an update his FBI investigation regarding the campaign funds being funneled through his wifes company?
Lastly, if anyone has missed Chicklets having his arse handed to him in a Senate hearing he chaired while shilling for Bush illegal war, this is not to be missed. It is one of the finest moments of the Senate:
http://www.youtube.com/watch?v=IyyGoPerzWc
February 25, 2009 3:39 PM | Reply | Permalink
Wow.
February 25, 2009 4:29 PM | Reply | Permalink
Maybe they have run out of money!
It is a lot cheaper to send an email then to send an investigator to interview someone.
February 25, 2009 10:11 PM | Reply | Permalink
test - checking out new logo
February 25, 2009 10:26 PM | Reply | Permalink
I thought it was a re-colored CBC (Canadian Broadcasting Corporation) logo at first. Definitely a bit of a resemblance there.
February 26, 2009 1:04 AM | Reply | Permalink