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Minnesota -- The Spin Doesn't Stop

The fireworks have been continuing today at the local level in the Minnesota election trial -- and the national parties got involved in Washington, too, the place where this election could finally be decided.

At a Democratic leadership press conference today, Harry Reid and Chuck Schumer responded to a question about the case by saying they expected it to be wrapped up and for Franken to be seated in weeks. "The projections -- and they're not locked in -- are that this should all be finished by the very beginning of April," said Schumer.

Schumer did acknowledge that the process isn't over, but predicted that it will end. "The people of Minnesota are very fair people, and they'll grant him appeals," Schumer said. "But sooner or later this is going to come to an end."

Harry Reid chimed in: "There's going to come a time when Coleman's going to have to recognize that he's lost -- he's lost this election. This should have been over a long time ago."

This prompted an angry statement e-mailed out from Michael Steele, who accused the Dems of trying to short-circuit the process in Minnesota:

The people of Minnesota expect and deserve a fair election process that ensures every valid vote is counted and counted only once. As it stands now, there are thousands of absentee ballots that have not been counted and potentially hundreds more that have been counted twice. Instead of attempting to short circuit election law, the Senate Majority Leader should focus on the out of control spending going on in Washington. Once the recount is completed, I fully expect Senator Coleman to be where he was on election night: in the lead. When that happens, we will welcome back a senator who values fiscal responsibility, lower taxes and will not vote to saddle future generations with unprecedented debt. I join my fellow Republicans in standing firmly behind Norm Coleman and his pursuit to ensure no Minnesota voter is disenfranchised."

And the spin keeps going in Minnesota, too.

Earlier today I noted that Coleman spokesman Ben Ginsberg had withdrawn his motion to be admitted as an attorney in the case. He'd only submitted it a week ago, after having represented himself to reporters as a Coleman lawyer since the trial began a month ago. Now he's withdrawn the motion, and it appeared uncertain whether he would still be doing his amazing press conferences running down the court's decisions and the reliability of the election result.

But it turns out he was right there giving his post-court press conference. "And after hearing today's testimony, it would be hard and I believe frightening if you had the duty of certifying the exact number of legal votes after hearing the testimony," Ginsberg said. "It is difficult to have any faith in the accuracy of the count in this election, given what you heard today."

Ginsberg also stuck to his guns somewhat on the campaign's claim that 300 ballots were illegally counted by the Democratic stronghold of St. Louis County. He said the county's explanation -- that these were overseas ballots stored by local official in local, roughly-filled out envelopes -- couldn't apply to all of those ballots produced. And he accused the county of failing to fully reply to the subpoena requests for documents that would have made the situation clearer.

So why would he withdraw his motion to be be an attorney in the courtroom, but still be here as a spokesman? One possible explanation: It's much more difficult to be a spin-man making false pronouncements and denouncing the court, when you are also an officer of the court and bound by ethics rules of a practicing attorney in the case.


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From Ben Smith @ Politico

In an interview with Curtis Sliwa on ABC Radio last night, the host and RNC Chairman Michael Steele jokingly linked Louisiana Gov. Bobby Jindal to the film "Slumdog Millionaire." Steele offered Jindal "slum love.

Here's the transcript:

SLIWA: Now, using a little bit of that street terminology, are you giving him any Slum love, Michael?

STEELE: (laughter)

SLIWA: Because he is — when guys look at him and young women look at him — they say oh, that's the slumdog millionaire, governor. So, give me some slum love.

STEELE: I love it. (inaudible) ... some slum love out to my buddy. Gov. Bobby Jindal is doing a friggin' awesome job in his state. He's really turned around on some core principles — like hey, government ought not be corrupt. The good stuff ... the easy stuff.

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puke

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There seems to be a definite correlation here. As the case winds down and Coleman's chances get slimmer and slimmer, the spinning gets progressively more furious.

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and more and more stupid.

I'd love to know how we are supposed to have a re-election in MN with no rules dictating one in the appeals process and a Democratic majority in the Senate. I'd love to hear their rationale on how that would be achieved.

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Section 5 of Benny's affidavit for admission:

"I will promptly become familiar with the Minnesota Rules of Civil Procedure and agree to practice in accordance with all of the rules of practice and procedure before this Court, including Rule 5 of the General Rules of Practice for the District Court."

Perhaps he finally got around to reading the rules...

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Didn't Republicans seat a Senator prior to the completion of court challenges in the past 8 years? If so why are Democrats unable to seat Franken?

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Doesn't it partly depend on the State laws in question? In MN, they don't issue the official certificate until the appeals are done. It seems their laws should be changed to allow a conditional certificate pending the results of various appeals, given to the vote leader at the appropriate time.

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Is that right? That a certification doesn't issue if an appeal is filed? If so, thats a highly unusual provision (and a highly stupid one).

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There is an effort in the legislature to change the law, and since the contest is still going on it wouldn't technically be ex post facto law, but I haven't heard anything about for while so I think it died. I don't see it getting signed by Tim Pawlenty anyway, or the Republicans not sticking together to uphold the veto.

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The problem is that Minnesota law doesn't allow certification of the winner of the seat for Senate until the election contest is over and US Senate rules require certification. (Its different in other states where certification occurs before a court challenge is concluded). What is likely to happen is that the contest will be concluded in a few weeks and Franken will be certified the winner. Coleman can appeal but that doesn't affect the certification and the US Senate, with certification in hand, will seat him

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I believe that an attorney is liable for any transgression to any bar to which they are admitted, regardless of where the transgression occurred. If a lawyer commits perjury out-of-state, his own bar may have grounds to sanction him.
The judges have control over their jurisdiction. If Ginsberg does something he's not supposed to do while in the hallway, he can be dragged into court to face the judges, or Coleman could be sanctioned, since Ginsberg is on his payroll.
I don't think Ginsberg is technically doing anything wrong just because he's shouting from his soapbox, but I wouldn't want his Karma.

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If he's not admitted to practice in Minnesota, then he can't be sanctioned or admonished by the State Bar. On the other hand, I don't see anything that has been said in the press conferences that violates any legal ethical standards.. A lawyer has a right to disagree with the rulings of a court and to say so publicly.

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The stupidity of Republicans in defending their delays and obstruction is breathtaking.

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