Secret Coleman-Lawyer E-Mails Reveal Intentional Hiding Of Witness -- Franken Camp Wants Double-Count Claim Thrown Out Completely
All hell just broke loose in the Minnesota courtroom, with Al Franken's lawyers catching Team Coleman in the act of yet more concealing of evidence -- and they've now made a motion to totally strike the Coleman camp's claims about double-counting of ballots, which the Coleman camp has hoped to use to subtract over 100 votes from Franken's lead.
You might remember that on Wednesday, the Coleman team was caught having withheld notes given to them in early January by Pamela Howell, a Republican election worker in Minneapolis. (Note: Minnesota precinct workers are selected by partisan identification, and then buddied up across party lines to keep it running smoothly and honestly.) The court then struck the witness' testimony, relating to double-counting of votes -- but then turned around yesterday and reversed themselves, after the Coleman team said it had been an honest oversight -- that there was no bad faith involved.
This morning, Franken lawyer David Lillehaug was restarting his cross-examination of Howell, and inquired as to whether there had been any further communications between herself and Coleman. The answer was yes -- and Coleman lawyer Tony Trimble then had to cough up some private e-mails he'd sent to Howell in early January.
"Pam, the legal team and campaign have made a strategic litigation decision to hold off from having you sign and us file your affidavit at this time," Trimble (or possibly his assistant, Matt Haapoja) wrote on January 6, saying this was being done "to avoid tying you down to any particular testimony and to avoid having to disclose your name and statement."
Trimble assured Howell in the e-mail that she shouldn't worry -- that the campaign would be calling her at a later date and incorporating her into this case, just not at this time, and they were keeping her name private.
Howell wrote to them in late January to seek further clarification -- whether she would be coached, how much the Franken camp knew, etc. Trimble answered that there would be no further discussion before testimony, and the Franken camp didn't know about her statement.
Lillehaug demanded that not only should Howell's testimony be re-stricken, but that Coleman's entire claim about double-counting be tossed.
"And it is clear from contestants strategy in this regard that Ms. Howell was their star witness on the issue of original and duplicate ballots," Lillehaug said. "They picked out one election judge from one precinct -- she's the only election judge they're presenting on this claim - and then yesterday documents were offered and admitted into evidence based on that precinct and nine other precincts. It is clear that her testimony was the linchpin for the Coleman original and duplicate ballots claim."
Lillehaug said they should not have to go back to the drawing board to figure out how to cross-examine her, and thus her testimony must be struck, and with it the entire double-counting claim for all precincts.
Lead Coleman attorney Joe Friedberg got up to mount a defense -- and totally threw Trimble, Haapoja, and fellow lawyer James Langdon under the bus. He said he'd asked them on Wednesday if there were other things going on, and he didn't know about it: "I can tell you that if I'd have known these things existed, I would have disclosed them."
"Mr. Haapoja has never tried a case in his life," Friedberg said, and he's sure Haapoja is sitting around thinking he should have disclosed this stuff.
He also said this didn't damage Howell's credibility on the subject -- and insisted no funny business had happened. "If we look at those things closely, first of all, as opposed to what the e-mail seems to say -- we can avoid putting you on our witness list," Friedberg said. "And when she was subpoenaed the subpoena was disclosed. So we didn't hide her identity in any way, shape or form."
After a short recess, Judge Kurt Marben announced that the court was taking this motion under advisement and could potentially rule on it today or Monday. Howell was excused for the day, with no further testimony to be taken at this time. At Lillehaug's suggestion, and Friedberg's consent, the court also ordered that neither side's attorneys should have further contact with her, and that the court will inform her about her future status.
Late Update: An initial version of this post paraphrased a Trimble e-mail as saying there would be no coaching. The exact word in Trimble's e-mail was "discussion," in response to Howell's mail that asked about coaching.
















"And it is clear from contestants strategy in this regard that Ms. Howell was their star witness on the issue of original and duplicate ballots," Howell said.
Shouldn't that be Lillehaug said?
February 27, 2009 12:18 PM | Reply | Permalink
Thank you very much.
February 27, 2009 12:19 PM | Reply | Permalink
So lightening really does strike twice, eh?
February 27, 2009 12:19 PM | Reply | Permalink
That remains to be seen. After all, the time is only now getting perfectly ripe for that do-over election.
February 27, 2009 8:10 PM | Reply | Permalink
Okay.... if this event doesn't cause her testimony to be stricken and Coleman's claims of double counting to be thrown out, then those judges are absolutley in the pocket of Minnesota Republicans. This is no longer an issue on which they can appeal. One act of failure to disclose can be an error, two acts is a pattern of obstruction.
February 27, 2009 12:20 PM | Reply | Permalink
I don't think they're going to bar the evidence and its not because they are in the pocket of the Republicans. Its because they've already seen how weak Coleman's case is, they are going to let everything in he wants to admit and then rule against him. If they bar the testimony or bar the argument, they are strengthening his case on appeal.
February 27, 2009 12:30 PM | Reply | Permalink
They really have to go with Franken on this one and throw everything out. Judges cannot just let lawyers and witnesses lie to them. We're looking at behavior that many judges would consider contemptuous, not merely errors or carelessness.
February 27, 2009 1:16 PM | Reply | Permalink
I agree. I have asked three retired e judges, one Fed and two state judges one a former Supreme Court from another state....
they were fascinated by this in such a high profile case....
They all agree that based on what they did with the witness and that the second chance where probably in the chambers they said there will be no more second chances and suddenly here comes this thing they have no choice but to lay down the hammer....
Now what will be interesting is their written decision when the case is over....it will be so buttoned up that there will be no basis for appeal.
February 27, 2009 2:46 PM | Reply | Permalink
I dissagree. Part of the appeals process is to hear improperly excluded evidence. The only thing improper about excluding this undisclosed evidence and testimony is if it is not excluded.
February 27, 2009 1:45 PM | Reply | Permalink
OMG.
I've moved beyond thinking this is an effort at fraud and into marveling at the sheer incompetence of Team Coleman. How much are these guys getting paid? What, they've never tried a case before?
They're flunking Evidence 101 (the nonsense about the hearsay rules), Discovery 101 (turning over documents), and Court Politics 101 (don't piss off the judges), just for starters.
This simply takes my breath away.
February 27, 2009 12:20 PM | Reply | Permalink
I think the Coleman lawyers realize they've done a terrible job and that the chance of them getting another case after this one are slim at best.
As a result they are just trying to stretch out the proceedings as long as possible in order to increase their fees and then use the money to weather the current economic downturn that Coleman helped the Bushies create. Once the economy turns around they will have a better chance of finding employment in another field.
February 27, 2009 5:12 PM | Reply | Permalink
None of this is about incompetence. They know exactly what they are doing. They are pissing off the judges on purpose; they want to goad them into dropping a 16-ton weight on their heads. Then they get to whine about (judicial activism, liberal bias, all the usual bullshit republican talking points).
Looks like it ain't gonna work. The judges "count to ten" every time their wrath boils up (recess). They then come back with bullet-proof rulings.
The appeal is going to take about 15 minutes. This court is serving up a big fat pitch right over the middle. The MNSC will blast it right out of the stadium.
February 28, 2009 9:45 AM | Reply | Permalink
Purple,
If this were about winning the case, the seeming incompetence (corruption, obstruction -- choose your adjective) would be breathtaking.
I suspect this is less about "winning" this particular case than it is about drawing this thing out as long as possible, about delaying and denying senate Democrats a 59th vote as long as possible. After all, Obama and congressional Democrats are attempting to push through the highest impact legislation as early and quickly as they can, before the Rethuglican spin machine (including the majority of the MSM right-wing echo chamber) can place enough drag on public opinion to stall the "change" momentum.
With that as an ultimate motive, then the more complications thrown at the judicial system, the better, because every new twist and turn halts progress of the case itself, and drags this thing out with every new strike and counterstrike.
February 28, 2009 12:03 PM | Reply | Permalink
Perhaps they were hired/paid by AIG.
March 2, 2009 1:59 PM | Reply | Permalink
Eric - So how did the judges react to this latest "innocent mistake"?
February 27, 2009 12:25 PM | Reply | Permalink
So they failed to disclose something twice?
And is the throwing under the bus behavior a sign of a "rift" in the Coleman campaign?
This is shameful behavior.
February 27, 2009 12:32 PM | Reply | Permalink
Notso Nimble Normie foiled by the only Republican not completely lying her ass off . . .
February 27, 2009 6:33 PM | Reply | Permalink
Definitely going for the "incompetence of counsel" strategy.
February 27, 2009 12:39 PM | Reply | Permalink
With these modern stone-age Republicans, you can always include BOTH incompetence and deception/lying. Don't be distracted by how overt their incompetence actually is. They are sneak thieves, one and all.
February 27, 2009 1:12 PM | Reply | Permalink
I wonder if anyone should tell Coleman that an incompetent counsel appeal will only get the justices rolling on the floor laughing under these circumstances.
Do you think these lies have anything to do with Ginsberg bailing so quickly?
February 27, 2009 1:13 PM | Reply | Permalink
With Trimble saying "frankly, I don't even remember seeing this statement" and that he never gave the statement a thought could lead to Trimble being suspended or disbarred. Lying in open court is a huge no-no. I feel sorry for Hoopaja, as a former junior associate who has had to stand up to my boss when your career is just starting.
February 27, 2009 12:40 PM | Reply | Permalink
"...To avoid tying you down to any particular testimony...". By all means we wouldn't want her to be cut off from the ability to adjust her testimony to suit the needs of the Coleman team. She might be stuck having to tell the truth or cover some previous and inconvenient lie.
These guys are trying to bring Republican sleazball political tactics into the court room. You might be able to spin BS to the talking heads on TV but it isn't so easy to pull the wool over the eyes of a judge. The court should send these shysters to the slamer for the weekend. The timing is just perfect. Let them all sweat what ruling is coming monday.
February 27, 2009 12:44 PM | Reply | Permalink
Wow. Just, wow. Its like I'm watching a movie called "Brownie Goes to Court."
February 27, 2009 12:45 PM | Reply | Permalink
It'd be fun to see John Bolton in court representing Spiny Norman. Those liberal activist judges really do need to be told where to get off.
February 27, 2009 1:24 PM | Reply | Permalink
Since the majority of the Judges are Republican appointees.
February 27, 2009 1:46 PM | Reply | Permalink
Not true. One of the judges is a Democratic appointee, one is a Republican appointee and one was was appointed by Jesse Ventura who was neither.
February 27, 2009 3:41 PM | Reply | Permalink
jzap: "Those liberal activist judges really do need to be told where to get off."
Since kawika49 already informed you that the majority of this judicial panel is GOP-appointed, how about if we tell you where to get off, instead?
February 27, 2009 3:28 PM | Reply | Permalink
I'm pretty sure jzap's comment was meant as snark.
February 27, 2009 4:28 PM | Reply | Permalink
Indeed - the commenter must be new here.
February 27, 2009 5:55 PM | Reply | Permalink
Kudos!
February 27, 2009 1:51 PM | Reply | Permalink
Oh, and thanks to Eric for covering it and for your endurance. If there's a courthouse in the U.S. where the seating for the public doesn't turn into instruments of torture after about two hours, I've never heard of it.
February 27, 2009 12:48 PM | Reply | Permalink
Ditto that.
February 27, 2009 1:06 PM | Reply | Permalink
Eric isn't at the trial; he's not even in Minnesota. He's basing his reporting (and he's consistently sourced this in his reporting) on the live coverage provided by the UpTake site.
February 27, 2009 2:35 PM | Reply | Permalink
Is the "UpTake Site" available to anyone?
February 27, 2009 3:35 PM | Reply | Permalink
http://www.theuptake.com/
I've been watching the trial from this site since Day 1 (today was Day 25).
Every day has been archived here:
http://the-uptake.groups.theuptake.org/en/videogalleryView/id/1647/
Pamela Howell's testimony was a doozy -- see the "February 25, 2009 - Day 23" archive.
Today's arguments should be up by tomorrow. Lillihaug was masterful in his controlled outrage re the e-mails between Howell and Coleman's attorneys.
February 27, 2009 4:51 PM | Reply | Permalink
This should end the whole case. They've been caught playing tricks with key witnesses.
February 27, 2009 1:20 PM | Reply | Permalink
Any way we can clone Eric? He's doing a bang-up job on this and we could use him on some other court cases as well.
February 27, 2009 1:24 PM | Reply | Permalink
If there is an Internet equivalent of the Pulitzer Prize, Eric Kleefeld deserves the award.
February 27, 2009 1:28 PM | Reply | Permalink
I maintain it's all intentional. When the judges threw out the testimony, it was seen as potential grounds for appeal & those grounds were removed when the judges reversed the ruling. Now there's another issue that could throw out the witness' testimony... These attorneys can not be as incompetent as they seem. They're setting up for further appeal, anything to delay Al being seated in the Senate. That's the whole point. They know they lost they just want to delay and discredit as much as they can.
February 27, 2009 1:29 PM | Reply | Permalink
After being caught twice on this, I don't think they'd have much luck using this as grounds for appeal. The fat lady is stepping up to the microphone.
February 27, 2009 1:31 PM | Reply | Permalink
So, if their paramount goal is to drag this on, is there a chance that repeated instances of misconduct are a deliberate strategy toward that end?
This sounds impossible, but I ask this because I am still of the opinion that the last Republican administration used legal guarantees to run out the clock on a number of important issues. It is illegal to ignore a subpoena on dubious legal grounds, but if it buys you time, and you care more about time than the law, why not? I mean, besides professional ethics, why not?
February 27, 2009 1:29 PM | Reply | Permalink
Slightly off-topic, does anyone have a feel for how right-wingers view this whole mess? It hasn't been reported in the MSM for a long time, and I looked over at redstate.com but didn't see any stories on it over the past two days (their site is such a POS that beyond that the page doesn't load, nor does the Minnesota page). I would have thought they'd be hyped up about "Al Franken stealing the election!", but I'm wondering if this kind of catastrophically bad lawyering from the Coleman side makes them want to ignore it.
February 27, 2009 1:33 PM | Reply | Permalink
The current CAPC meeting in Washington right has a session scheduled dealing with the perfidies of Al Franken and ACORN. That might be a hint of their opininon.
February 27, 2009 1:56 PM | Reply | Permalink
Did Coleman's team attend college with Monica Goodling?
February 27, 2009 1:34 PM | Reply | Permalink
The national Republicans are footing the legal bills so it's quite possible that some of them are Liberty Univesity graduates.
February 27, 2009 1:57 PM | Reply | Permalink
They assign Regent lawyers to clerical duties in the DOJ They go to the tier I law school lawyers when they need to go to court. Of course a lot of tier 1 lawyers let a lot of Republican politicians and appointees go to jail. Mostly they fell on their swords so they didn't have to testify in open court or there may have been more behind bars. Getting people to cop a plea can protect a lot of others. None of these who were convicted, with the exception of the advisor who was ripping off TARGET(that I recall)did their deeds alone.
February 27, 2009 7:39 PM | Reply | Permalink
Keep the testimony (albeit giving it the minimal credibility it clearly deserves). Sanction the lawyers. 30 days to be served after close of trial.
(And I don't think incompetence of counsel gets you a rehearing in a civil case, but it might rise to malpractice, which is separately actionable by Coleman.)
February 27, 2009 1:42 PM | Reply | Permalink
They should also be forced to pay Franken's legal fees.
February 27, 2009 3:26 PM | Reply | Permalink
I wonder what the fallout from this is? The judge must be steaming.
February 27, 2009 1:42 PM | Reply | Permalink
Someone should stick a microphone under Norm's mouth and make him comment on his legal team's antics.
February 27, 2009 2:10 PM | Reply | Permalink
Wrong orifice.
February 27, 2009 7:42 PM | Reply | Permalink
One thing for sure, I can just bet there are three lawyers sweating blood right now, if the judges decide to put questions to the witness come Monday concerning her testimony," which they are permitted to do" and as to why there is such a disparity in its presentation in the courtroom and she affirms in any way shape or form collusion by the attorneys to conceal facts from the court in testimony, their ability to practice law just went south permanently
Recall all attorneys are instructed not to have contact with her at all over the weekend.
There are three very, very,very P.O Judges waiting for Monday and me thinks were going to hear some sort of a BANG, like Coleman's anus closing like it was on steroids.
February 28, 2009 2:35 AM | Reply | Permalink
Either one would work in this case, they both emit the same rumblings of a vacuous turd collapsing in on itself.
February 28, 2009 3:13 AM | Reply | Permalink
So is the lawyer equivalent of saying: "Your Honor, you shouldn't hold our gross incompetence against our client"?
February 27, 2009 2:15 PM | Reply | Permalink
That won't work. Still, it looks more like "Your honor, I know it looks like we violated court rules here, but I didn't do it, they did, so don't sanction me for this."
February 27, 2009 2:46 PM | Reply | Permalink
Perhaps the reason that they didn't want her identity revealed before the trial was that anyone with access to the voter file could see that she was a "Strong Republican" and a "Strong Coleman supporter". It probably wouldn't play in the media as well as they'd have liked if the public saw that the election official crying foul was a staunch Coleman supporter. So they let it float for a couple of months that 'some' election official claimed there was double counting.
February 27, 2009 2:17 PM | Reply | Permalink
Note: Minnesota precinct workers are selected by partisan identification, and then buddied up across party lines to keep it running smoothly and honestly.
That seems a little bit simplistic. Minnesota poll workers are called Election Judges, and they _can_ state a party affiliation. Most of the poll workers do not state a party affiliation. Whether they do or not has little effect on their duties as an Election Judge.
A strongly partisan Election Judge is probably a rarity. This is not the place for someone to stand up for their party; they're there doing a public service, and every election judge is required to state an oath to this effect.
Official party-sanctioned observers are allowed in the polls for the purpose of looking over the shoulders of the Election Judges and are allowed to challenge voter qualifications. This is a partisan role, completely different role from an Election Judge who states a party affiliation, who is expected to perform in a nonpartisan manner for the day.
The only time an Election Judge's party comes into play is during certain times there are duties that must be performed by two Election Judges of different parties (for example, if a voter requests assistance in filling out their ballot, two separate-party EJs must assist together). The really critical duties, such as handling stacks of counted ballots, are performed in sight of all the Election Judges, with every EJ required to sign the envelope after it's sealed.
February 27, 2009 2:19 PM | Reply | Permalink
Lead Coleman attorney Joe Friedberg got up to mount a defense -- and totally threw Trimble, Hapooja, and fellow lawyer James Langdon under the bus. He said he'd asked them on Wednesday if there were other things going on, and he didn't know about it: "I can tell you that if I'd have known these things existed, I would have disclosed them."
This is great stuff. :)
The e-mail is classic as well. It basically cops to a plan of concealing the witness.
John
February 27, 2009 2:43 PM | Reply | Permalink
I think MarkC is onto the Coleman strategy. It is nothing about him, but all about the National Republican party. They can't win elections, but they can gum up the works for the dems.
They know they are going to lose the Coleman litigation, so they are doing everything they can to create a grounds for appeal. Not one that can win, but just enough for the court to have to consider it on it's merits and not reject without comment. The objective is to stretch this thing out as long as possible so it keeps the dems at 57 (Franken and Kennedy out of commission).
Every vote counts when you are trying to delay and obfuscate. To filibuster all they need to do is keep one of the three wild cards (the maine girls and Arlen) and a couple of fewer blue dogs need to move over to defeat actual legislation.
Coleman doesn't really care--he is now gainfully employed by the Republican Jewish Committee. In fact that was probably his price in order to agree to pursue this route. He can't go back to Minnesota politics, so professionally he has no future except for the party to pay him off.
February 27, 2009 2:56 PM | Reply | Permalink
http://www.examiner.com/x-4120-Minneapolis-Progressive-Examiner~y2009m2d20-Norm-Coleman-who-are-you-representing
February 28, 2009 4:55 PM | Reply | Permalink
Coleman is a lying kosher pig. I rest my case your honor...
February 27, 2009 2:59 PM | Reply | Permalink
Very funny.
BTW, a friend of mine lived for a while with a small French Jewish sect that had figured out HOW to make pigs kosher. Seriously.
February 27, 2009 4:37 PM | Reply | Permalink
On the kosher pig stuff, there is a species of swine in Southeast Asia that comes pretty close to chewing its cud. Its stomach acts similarly to a rumen, and I once read that a Talmud scholar was asked about it. He wasn't sure as I recall.
But what happens with a GM pig where the stomach is modified to the point that it actually does chew its cud?
February 27, 2009 5:46 PM | Reply | Permalink
As an add on to my prior comment, this is why the court is bending over backwards to allow Coleman as much deference as possible while he is presenting his case. They want to make it easy for the court of appeal to deny the case.
Sensing this the Coleman litigation team is stooping to the level of moronic imbeciles to try to get room for error to create a basis for appeal. Since malpractice on their part is not enough for a civil case, they can be as incompetant is they possibly can to get the court to exclude evidence which can be the basis for an appeal.
February 27, 2009 3:01 PM | Reply | Permalink
Is *hiding witness* legal?
February 27, 2009 3:21 PM | Reply | Permalink
witnesses
February 27, 2009 3:21 PM | Reply | Permalink
Is it not clear for all to see that the Coleman defence is a complete farce and an abuse to our legal system? You have to hand it to Chicklets in terms of staying with themes of the Bush era in wasting the taxpayers money.
If anyone has missed Chicklets having his ass handed to him while shilling for Bush's illegal war in Iraq, this is a MUST SEE! It is one of the finest testimonies in US Senate history:
http://www.youtube.com/watch?v=IyyGoPerzWc
February 27, 2009 3:26 PM | Reply | Permalink
It seems a bit weird to me for this reason. On the stand she says she had previous communication with Coleman's lawyer. Then Coleman's lawyer is able to immediately produce a document, which comes awfully close to witness tampering ("to avoid tying you down to any particular testimony"). If I want to find a particular email from January it would take a little time and if I didn't want to find it it would take longer? Surely he wanted this email in.
It is similar to the first time Howell's testimony was stricken, it came after Coleman's attorney approached her on the stand during a break and reviewed documents. It is almost as if they want her testimony stricken, maybe they know it won't hold up.
February 27, 2009 4:11 PM | Reply | Permalink
I think you bring up a very interesting point. I'm no expert, so maybe others can clarify how it is that they could come up with such e-mails so quickly. Maybe the laptps were there, and they could just do a quick search for all e-mail communications from whatever her e-mail name is.
But, I think you have a point too. It may be that they want to now create as many opportunities for appeals as possible, and having a witness thrown out may be perceived as one shot at a valid appeal.
February 27, 2009 4:36 PM | Reply | Permalink
Here's another reason Coleman's lawyers may have had the e-mails so handy: their witness, now thoroughly spooked, may have let them know that, if asked, she intended to spill her guts on all previous communications.
Lillehaug, as any competent lawyer would, asked the obvious followup question.
Friedberg's defence was incredibly lame: ""If we look at those things closely, first of all, as opposed to what the e-mail seems to say ..."
No, let's look at what the e-mail plainly does say: we're hiding a key witness.
A smart move by the judges would be to let Howell's testimony stand, but find the entire Coleman team immediately in contempt, with sanctions to be handed down at the conclusion of the trial.
The amount of obstruction and dissembling should deop considerably.
February 27, 2009 7:14 PM | Reply | Permalink
This is pure incompetence. You should NEVER write this type of stuff down. Do lawyers talk to witnesses about their testimony? Yes, of course. But you NEVER write any of it down because this is what happens. This is elementary.
February 27, 2009 4:38 PM | Reply | Permalink
It may be there's multiple motivations for the GOP/Coleman pursuing this farce as farcically as they've been. To some degree it seems like just the standard rightwing strategy of throwing as dust, noise and bluster into the air that they can then claim "See? it's all soooo complicated and messy that no one can tell what the 'truth' is, so let's just have a do-over." A strategy that traditionally works like magic with the supine press, and seems to be making plenty of headway with 'em in the present case as well.
February 27, 2009 4:39 PM | Reply | Permalink
LMAO, Corruption is bliss isnt it? Pretty sad.
RT
http://www.be-anonymous.us.tc
February 27, 2009 4:47 PM | Reply | Permalink
The GOP will continue to pursue frivolous litigation until they are barred from seeking any further legal recourse. They are intentionally bogging this case down in minutiae to keep the Democrats from seizing a filibuster proof majority of the Senate.
The Senate majority needs to take matters into their own hands now. They should immediately seat Al Franken and force the case to a federal level where it can be concluded.
I'm afraid we are seeing inaction by Harry Reid simply because the Democratic Party is afraid that Franken may become an embarrassment.
February 27, 2009 5:01 PM | Reply | Permalink
This has been gone over time and again. For multiple reasons, including both MN election law preventing Franken's certification until legal disputes are resolved, and the Senate needing a 2/3 vote to change its own internal rules and admit a non-certified (yet "elected") member - which is not going to happen, that dog won't hunt.
And I really wish people would do their homework on this instead of continuing to blame Harry Reid and the Democrats in the Senate for something that is as yet not in their hands.
February 27, 2009 6:19 PM | Reply | Permalink
He most certainly cannot be more of an embarrassment than Coleman is, let alone Reid himself who's a neutered pygmy intellectual
February 28, 2009 2:51 AM | Reply | Permalink
How many Coleman dirty tricks will these judges allow? Seems like they gloss over one after another, like good little Republicans.
February 27, 2009 5:37 PM | Reply | Permalink
Too bad these guys are attorneys.... else they would be disbarred... something that our present establishment has pretty much stopped doing, since half the attorneys could no longer practice law if disbarring was still in use...
February 27, 2009 6:05 PM | Reply | Permalink
The failure of the Coleman camp to provide evidence was prejudicial.
It is not just destruction of evidence but purposeful withholding.
Spoliation of evidence is the destruction of relevant evidence by a party.� Hoffman v. Ford Motor Co., 587 N.W.2d 66, 70 (Minn. App. 1998).� A district court may sanction a party that destroys evidence if that party gains an evidentiary advantage due to its failure to preserve evidence after having had the opportunity to examine it.� Himes v. Woodings-Verona Tool Works, Inc., 565 N.W.2d 469, 470�71 (Minn. App. 1997), review denied (Minn. Aug. 26, 1997).�
The severity of the sanction depends on the prejudice suffered by the opposing party.� Hoffman, 587 N.W.2d at 71.� But a party can avoid sanctions for spoliation of evidence if the opposing party had sufficient notice of the claim, giving the party the opportunity to correct defects, prepare for negotiation or litigation, or �safeguard against stale claims being asserted after it is too late . . . to investigate them.�� Id. at 70 (quotation omitted).
February 27, 2009 6:41 PM | Reply | Permalink
No wonder Ginsberg didn't want to go into court! I bet he knew they were trying to con the court! He and the others probably will be billing hours anyway.
February 27, 2009 7:25 PM | Reply | Permalink
I have to agree w/Nellieh. There is no such thing as coincidence, not ever, and certainly not today. A day or 2 ago Ben Ginsberg, that sactimonious self-deceiving wind bag suddlenly disassociates himself from the case after serving as its lead spokesman + intended attorney for weeks, without explanation. Now, "coincidently" this unethical behaviour by Coleman's remaining legal team surfaces. It is not credible to believe that Ginsberg did not know what went on + now he'll rationalize that he was no part of it. This behaviour is not only an affront to Senator Franken + the Court, but to every Voter + Citizen of Minnesota. These people should lose their law licenses for what they have done. Why did Ginsberg not disclose this fraud to the Court? Slime.
February 27, 2009 8:00 PM | Reply | Permalink
Ginsberg hasn't gone anywhere; he's still in the courtroom, observing; he's still spinning his head off outside the courtroom.
Which is probably why he asked to remove his requested standing as pro hac vice, leaving him free to spin away without legal repercussion.
February 27, 2009 8:47 PM | Reply | Permalink
In all seriousness, when and how is this going to end? Who is going to tell him it's over that he will accept it from? Traditionally, that would be senior members' of his own party's responsibility, but somehow I don't anticipate that happening.
Scenarios?
February 28, 2009 1:18 AM | Reply | Permalink
I'm actually encouraged after the last couple of days watching the trial: As Coleman's lawyers find themselves even deeper in the legal hole, I think this'll wrap up pretty quickly in, tops, two weeks.
Then the SOS will certify Franken the winner, Coleman will appeal, but with the certification he'll be powerless to stop the Senate from seating Al.
Of course, I could be wrong...
February 28, 2009 1:24 AM | Reply | Permalink
One point: The appeals will go forward until Franken is seated. At that point Republican funding will dry up. If the Min. SC fails to decree the show over allowing Pawlenty to continue to refuse to sign off on certification the funds will continue to flow. They would fund appealing to the throne of God if it would continue the delay.
Then again, if the Governor claims to interpret the law as stating that "all appeals" must be exhausted before he can certify the Retuglicans are in hog heaven. Get this thing in front of their hand picked thugs at SCOTUS and anything is possible. Not only can they appoint Coleman Senator, they can do it by throwing a monkey wrench into the practiical administration of absentee ballots throughout the country. Demand impossibly high standards for handling absentee ballots to preserve "equal protection" and states will be forced to abandon them to avoid having all elections end up in court. It's unlikely but this SCOTUS knows no shame.
Rethugs would just love to get rid of those pesky Democratic leanig absentee ballots and those smarmy neocon justices know it. Can't you just see Scolia grinning at the prospect while he flicks his fingers under his chin?
February 28, 2009 6:09 AM | Reply | Permalink
If this were the usual kind of civil litigation between two people over a contract or a car crash or something similarly personal to the parties, Coleman would have been tossed out of court long ago.
I think that the judges are aware that they are not just deciding a lawsuit but also an election, and that the rights of the voters who cast ballots for Coleman need to be considered despite the mistakes (or even intentional deceptions) of his legal counsel.
So the judges may be trying to reach the "right result" despite Coleman's shennanigans.
February 28, 2009 8:55 AM | Reply | Permalink
If this last play by Coleman's legal team gets approval by this judge you can pretty nearly accept the fact that this is strictly P O L I T I C A L
End of story . . .
February 28, 2009 10:33 AM | Reply | Permalink
Video of today's testimony from Coleman's legal team.
February 28, 2009 10:52 AM | Reply | Permalink
What are the people of MN saying about all of this? As the state has such a history of clean elections, aren't they embarrassed by all of the seemingly waste of time and their money spent by a single politician, especially as this has devolved over time?
February 28, 2009 11:45 AM | Reply | Permalink
Just think what it would have been like, if in 2000, the supremes would have ruled, as they should have, for Florida to get its act together and do a complete and accurate recount. Or maybe the supremes looked at Florida and realized a complete or accurate count wasn't possible. Imagine if someone asked a member of the court and they confirmed that.
For all the fuss, Minnesota looks really good by comparison. I'd bet, lawyers notwithstanding, there are a lot of states where you just could not do a recount and expect better than what Minnesota delivered.
February 28, 2009 1:20 PM | Reply | Permalink
enough already........end this farce and get Senator Franken in office and let's get going!
February 28, 2009 4:07 PM | Reply | Permalink
Utterly absent from most commentary is Coleman's dual role of working for a lobbying group, the Republican Jewish Coalition, while trying to stay a Minnesota Senator. Conflict of interest anyone? Anyone? This sums it all up....
http://www.examiner.com/x-4120-Minneapolis-Progressive-Examiner~y2009m2d20-Norm-Coleman-who-are-you-representing
February 28, 2009 4:54 PM | Reply | Permalink