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Coleman Legal Spokesman Makes It Official: We Will Appeal

On a conference call with reporters just now, held in the wake of the election court's ruling to review only 400 ballots for possible inclusion -- and explicitly rejecting Coleman's calls for leniency in the standards and the burden of poof -- legal spokesman Ben Ginsberg made it absolutely clear: "If these rulings stand in any final order of the court, if it will give us no choice but to appeal that order to the Minnesota Supreme Court."

Ginsberg followed up on his previous ridicule of the court's February 13 ruling that required strict standards for letting ballots in -- which he would refer to as the "Friday the 13th Ruling" -- by giving this one a new name: "The Almost April Fool's Day Ruling."

Ginsberg said the court was "subsumed with its own logic" to require strict standards, despite local officials on Election Day being much more permissive. When asked when he realized the court would not bend, Ginsberg said: "Our recognition that the court was not going to change came roughly 97 minutes ago, when we got the order."

"I gather we fundamentally disagree with them," he said later. "And that's why there are appellate courts."

Ginsberg also strongly hinted that Coleman would keep fighting in federal courts should he lose at the state Supremes, and that he would move to stop any issuing of a certificate of election for Franken until the federal proceedings were over. A reporter asked Ginsberg about the widespread view that the state Supreme Court's ruling weeks ago, denying Franken an immediate certificate of election, also heavily implied -- or perhaps even directly stated -- that a certification would come after the state Supreme Court rules, without requiring federal appeals to finish up.

"I believe that what that ruling says is that there absolutely cannot be a certification before the Supreme Court rules -- which is a pretty logical thing for the Supreme Court to say," said Ginsberg. "But the question of a certification after that is, I think, an open legal question. Certainly nobody has any precedent on it."

When pressed further on this point, Ginsberg said: "Well, we suspect that the Minnesota Supreme Court will recognize the wisdom of our position. So -- ha! -- I'm not prepared to answer that at this point."

A Franken campaign conference call with lead attorney Marc Elias, which was held shortly before the Coleman call, was much less eventful for obvious reasons. Elias agreed with the ruling, and said of the remaining ballots: "Obviously, the math is going to be very difficult for former Sen. Coleman and his lawyers at this point."

When I asked Elias whether he considered this ruling to be a win for his side, or not a win, he said: "It's a win for the people of Minnesota."

One other point: At this early juncture, neither Elias nor Ginsberg could say how many of these 400 ballots were from their own side's list of submissions. But their reactions to the ruling speak for themselves.


23 Comments

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Ginsberg - I hate that little weasel. All the way back to Bush vs Gore.

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I think we all know that Coleman will appeal to the MN-SC, federal court, SCOTUS, United Nations and the Galactic Federation. None of that matters. The only real question is, can he get a federal judge to issue an injunction to prevent the certificate from being issued?

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You forgot about the Guardians of the Universe, too.

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You missed the most important place where he will take his appeal: The United States Senate. I think you'll agree that the chances of an injunction are negligible. The real question is whether ongoing federal litigation will be enough for the Republicans to maintain party discipline on a filibuster even after the certificate is issued.

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Whether the GOP has party discipline on holding a filibuster is a great point.

If Coleman appeals, I imagine that Reid will move forward to seat Franken if he has some GOP defections identified now that the ECC ruled. Didn't Reid hint that he'd seat Franken sometime in April?

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It is hard to even fathom folks, even Rs in their desperate state, being OK with the precedent that not seating a certified candidate would set. Very, very dangerous that.

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Please God. Let the Repubs blow their political capital (!) on Norm Coleman. Please.

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Since the repuglican's base is made up of relegilous christie's, you need to include the blessings of St. Peter of the Pearly Gates or a Sign From God to the list as well.

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When refering to us as "Christies" please have the courtesy to use a capital "C." I'm gracious enough to use a small "g" when referencing you and god.

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What Franken needs are some Minnesotans using Minnesota money to start putting out ads pointing out how much outside influence is distorting what was a fair, if close, election. Get that Texas creep on the record with his WWIII rant. Minnesotans don't much like Texans. How dare Texans deny Minnesota a seat in the US Senate.

Poor Al, inspite of all that entertainment experience, he sure has had a huge problem communicating.

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I would also include the Minnesota Wild being hijacked by Dallas.

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Republicans are just power hungry creeps that could care less for their country. This prooves if the Bush Gore thing had been the other way round they would have caused this country to stop functioning. I mean WWW3 how dare they after the statesmanship Gore showed. I really cant stand these people at this point.

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Folks gotta start putting pressure on Minnesota Republicans. Also try and use Cornyn's words against Coleman by saying "Texas wants to tell Minnesota how to run it's elections".

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Why don't they say: "You've had a recount. You've had your day in court. In fact, you've had X days in court. How many more days, weeks, months, years are you willing to drag this out simply to prevent a Democrat from filling Minnesota's seat in the US Senate? How long are you willing to fight this? How many days, weeks, months, years are you willing to deny the people of Minnesota equal representation in the Senate? Are you doing this for the people of Minnesota and if not who are you doing this for and what are you getting out of it?

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Minnesota's interests, state law, and fairness are not relevant to the RNC's desires. Never were. This whole thing was Kabuki to keep the Senate count to 58 Dems as long as possible. Short term gain, but it won't help them in 2010 and beyond.

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I get that but I'm not sure the public gets it. Franken just doesn't have a strong enough connection with the public as a whole to win the public opinion battle on fairness to him alone. But I think if it could be framed that this is not fair to the people of Minnesota and that the national Republican party are playing them for fools, which of course is totally true, then maybe there would be enough push back for the Republicans to stop pulling Norm's strings.

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I think the point is that the RNC is USING Minnesota for its own tactical purposes. Forget all the references to rights and fairness -- this is hardball being played for power. That's all, and interpreted this way, most people in Minnesota would say it smells bad.

I do think Harry Reid might want to take a look at those depositions from the Kazeminy law suit down Texas Way, (I assume they are under oath and will be used in the Texas trial) -- and hand them off to the Senate Ethics Committee to consider. If the findings in that Kazeminy trial prove up the transfer of funds to Coleman's wife, and Norm did not report that income on his Senate Ethics Report, he is in precisely the position Ted Stevens was in last year -- and note, Stevens got convicted. Reid might want to show the depositions to Mitch McConnell just for his information, and then make a point of handing them over to Barbara Boxer who I believe chairs the Ethics Committee, for her to retain in a preliminary file in her safe. There are lots of ways to play hardball. I believe Reid also has the authority to request FBI investigative services -- he could wait a few weeks, and then exercise that authority. The point is to get McConnell to think twice before trying to impose party discipline on his caucus.

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I voted against Cornyn. My fantasy is to meet him in a dark alley some dark and rainy night.

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Hopefully that dark alley is on your property. Since you would be in Texas you could use the ole Joe Horn defense. Just slap a little face paint on Cornyn and they'll let you off the hook!

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Where were all these multiple appeals in Nov. 2000? Didn't the SCOTUS say that at a certain point, it's over?

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...the burden of poof...

Burden of Poof? Wasn't that the title of Harry Blackstone's memoirs?

Sorry, Eric. I couldn't resist.

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Since when is February 13 anywhere near Almost April 1? Ben Ginsberg makes even less sense in his pressers than he does in a courtroom. His talent for teh stupid knows no human bounds.

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Everyone has been assuming that the GOP could filibuster an attempt to seat Franken, but can a vote on whether to seat a duly elected and certified Senator be filibustered? That is, do the same rules for voting on legislation apply to decisions regarding the make-up of the Senate?

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