Franken Camp Puts Off Resting Case Until Tomorrow; More Franken-Voters To Be Counted
The Franken legal team is postponing the resting of their case -- which lead attorney Marc Elias had announced yesterday evening would be happening today -- due to logistical difficulties in bringing in some witnesses.
Franken lawyer Kevin Hamilton told the judges that he has another absentee voter whose ballots has been rejected, ready to come in tomorrow. And he's been trying to line up testimony by the Clay County auditor.
"We would be prepared to provisionally rest at some point tomorrow," Hamilton said, "once we get that remaining testimony in, and allow the case to move forward."
On the one hand, a couple loose ends have introduced a slight delay into the process. But on the other hand, this is still way ahead of when anyone would have predicted the Franken camp resting their case.
Also, the court has just handed down a ruling to allow the counting of 14 ballots from a petition brought by a group of Franken-voters. There were 61 people involved in the original petition, for which the court initially granted permission to 24 a month ago, then rescinded permission on three a little over a week ago, and is now adding in 14 after additional evidence was submitted -- a total of 35 Franken-voters in this action who have been granted permission for now to have their ballots opened and counted at a later date.
Josh
Elana
Matt
Eric
For all Coleman's efforts, Franken's margin is probably going to wind up HIGHER when this is all finished.
March 11, 2009 4:06 PM | Reply | Permalink
My fondest fantasy about this case is a scenario where the court rules in colemans favor on every ballot they wish to have counted and those ballots go to Franken by a wide margin making Fraken's lead larger. I would love to see how the GOP would spin that as unfair. I do not see how they could, but am sure they would.
March 11, 2009 4:45 PM | Reply | Permalink
Easy. They would claim that those ballots SHOULD NOT HAVE BEEN COUNTED. Plus, hundreds of ballots in Franken areas should also not be counted.
March 11, 2009 4:55 PM | Reply | Permalink
Sorry, but my fondest fantasy about this involves Norm Coleman and a giant, cartoonish, 2-ton weight. Perhaps a tiny umbrella and a little sign that says, "help."
March 11, 2009 9:20 PM | Reply | Permalink
"But on the other hand, this is still way ahead of when anyone would have predicted the Franken camp resting their case."
Well, I didn't actually specify a date when Franken would rest on my March 3 post, item 3, below, but this is about what I was expecting, leaving time for rebuttal and the court to craft its rulng:
"Here's my predictions, for what they're worth, which is not much . . .
1) Franken will ask for directed verdicts and/or reconsideration of certain issues / categories of ballots that the court can now determine either as a matter of law or because Coleman did not meet his burden of proof - and Franken will win on some of those.
2) Franken will present evidence and testimony on issues not resolved, but he will present them in a very concise, organized and prepared manner, that will take him much less time. His arguments will result in the consideration of some additional ballots, and a net gain to Franken. The actual gain will not be large, but could be mathematically significant. Mathematical significance may be relevant down the road, to counter Coleman's novel and legally-unsupported argument that the entire election is tainted.
3) Franken will be named well before the end of the month.
4) Coleman will appeal, solely for the purpose of delay, and the appeal(s) will be fast-tracked.
5) The US S.Ct will deny cert. because they don't want to be involved, and they have nothing to gain by accepting the case.
6) Franken will be seated by the end of June, either provisionally or finally.
7) Coleman will be indicted on improper funding charges.
March 11, 2009 5:55 PM | Reply | Permalink
OK, waddya think of the new avatar?
March 11, 2009 6:07 PM | Reply | Permalink
I like it, but I think you'll have to change your moniker to Mr.P.
March 11, 2009 8:48 PM | Reply | Permalink