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Court Sides With Franken, Forbids Coleman From Sneaking New Evidence In

The Minnesota election court giveth to Coleman, and now they taketh away.

After granting Coleman mercy on a serious defeat he had suffered yesterday, the court has now shot him down on a separate matter, granting in full a Franken motion to forbid Coleman from obtaining questionable evidence from the counties, in Coleman's effort to get more ballots for himself counted.

Two days ago, 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, and that they didn't also vote on Election Day. Coleman was pursuing one side of his case -- that votes for himself weren't counted that should be -- and wanted local officials to be able to phone it in rather than come to court. The Franken camp filed a motion in limine to forbid this maneuver, arguing it violated the rules of evidence by seeking out new documents without the ability to properly cross-examine the officials.

The court said that Coleman can submit pre-existing government documents such as voter registrars, Election Day precinct rosters, etc. But this new evidence simply isn't trustworthy -- they would be new judgments of government officials, specifically solicited by a single party in the middle of litigation.

The key quote:

The information Contestants seek to obtain through these certifications are in dispute. This election contest is nearing the end of its fifth week of trial. The Court has heard a tremendous amount of evidence. The testimony from the witnesses has been vital to this Court's function as fact-finder. A proffer of evidence made through email requests from county officials who may or may not have personal knowledge of the information Contestants seek would deprive the Court of the opportunity to evaluate the county officials' testimony in the same manner it has evaluated the testimony of the witnesses already called.

Bottom line: Coleman was asking to build part of his case on manifestly inferior evidence. The court isn't buying it.

The court also noted in their opinion that Coleman's lawyers have said they plan to rest their case this week, and you see can above they mentioned how long this has already gone on. So it would appear that the judges intend to hold Coleman to that promise, and to block efforts to weasel out of it.


16 Comments

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Looks like the judges are ready to either move on or to form their own support group. At this point, they probably feel as sequestered as a reluctant juror.

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Support group. I was just thinking that. Maybe I should volunteer to go up and minister to them - as a form of public service, like Obama is calling for!

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Wouldn't this open the door to Coleman calling all those folks he requested emails from as witnesses? Or did the court block any evidence these witnesses could possibly provide with this ruling?

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in a broad sense it could. But I suspect that it's going to be too late procedurally, that Coleman has already said who he will and won't call, and they aren't going to allow these last ditch efforts to change it.

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"The information...are in dispute"

Incorrect tense. :-P

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You mean incorrect number -- it's plural and ought to be singular. The tense is fine. :)

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Incorrect word. He should have said "The data are in dispute." :-p

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Hey we're good at this! Can we join Coleman's team? It's right up their alley!

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Does anyone know how much this recount is costing the state?

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The recount is over. This is a trial.

The way I understand it, each party to the lawsuit, in this case the candidates, pays their own expenses until somebody wins. I think the court can charge the loser with court costs including the opponent's expenses. So eventually Norm Coleman, who is likely funded by the RNC for this case, pays the bill.

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Thank you. I guess if Coleman loses in this part of the ordeal, namely the trial, before he tries to appeal, he would have to pay for the trial that is underway now? Then there would need to be additional money raised for the appeal. Is this correct?

Is there an estimate about when this particular trial will be over?

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Say, shouldn't these pictures of Franken and Coleman be updated? These guys have to be much older than they were back before the election, right?

On a serious note, how does Coleman get to call for a do-over on the Senate race alone, based on flawed processing of absentee ballots. Shouldn't he have to make the case tha the ENTIRE Minnesota general election was flawed, and require the whole thing to be re-done?

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Good point. Odd that only the Senate race between Colman and Franken was a total clusterf*ck. All the other state races were fine. Seems strange that election workers in all state precincts seem to have suffer an acute attack of anal-retentativeness when it came to counting those particular votes and ballots.

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He doesn't get a do-over. There is no current provision for such a thing, and my understanding is that ordering a re-vote is not within the court's hands.

Someone who's a lawyer 'splain it in better legal lingo, please.

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" . . . better legal lingo . . ." seems a bit oxymoronic to me.

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BLL:
A court only has jurisdiction to grant relief previously authorized by law.


BLL disclaimer:
A court in certain situations can recognize a new form of relief, if presented with substantial evidence and convincing argument that such relief should be judicially created. However, I cannot recall a situation where judges have created new substantive remedies that did not involve either tort or procedure. A do-over election would be the creation of a remedy properly created by legislation. The judges would then serve out the rest of their careers with scarlet letter As on their chest branding them Activists. Ain't gonna happen.

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