Reid Spokesman: He Awaits Resolution For Franken In Minnesota Courts
The national parties are giving their reactions to today's big legal developments in Minnesota.
Jim Manley, the spokesman for Harry Reid, issued this statement:
"Sen. Reid is looking forward to the final resolution of this case by the Minnesota courts so that Al Franken can finally be seated as the new senator from Minnesota."
Pay close attention to the specific mention here of the Minnesota courts. This would appear to say that Reid believes Franken should be seated after his expected victory at the Minnesota Supreme Court -- and that this shouldn't wait for federal appeals.
NRSC spokesman Brian Walsh gave TPM this statement:
"The NRSC has and will continue to support Norm Coleman's efforts to ensure that thousands of Minnesotans are not disenfranchised, that ballots exist before they are counted, and that every legitimate vote that was cast is counted once in Minnesota."
And DSCC spokesman Eric Schultz tells TPM:
"We have always said Norm Coleman deserved his day in court. He got seven weeks. Republicans have made it clear they will hold this Senate seat hostage in order to pursue their political agenda - at the hefty expense of Minnesota having full representation in Congress. All eyes will be on the examination of ballots on April 7th and, as we have said all along, we will have yet another confirmation that Al Franken won the election. Governor Pawlenty has said that Minnesota is suffering from not having two Senators. Governor Pawlenty ought to make clear that if former Senator Coleman chooses to appeal the outcome of the contest in the state Supreme Court that this is the end of the road -- and that, consistent with the law, he will certify Al Franken the winner following that state court appeal."
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Josh
Matt
Eric
No wiggle room there, Harry. When it's over in Minnesota, it's over and Al goes to Washington. You can either lead on this or be pushed. If you don't jump in and immediately move to seat Franken after the appeal is done, there will be a clamor.
Patience is wearing thin and Minnesota Democrats are not about to let John Cornyn keep our junior Senator from going to work.
March 31, 2009 9:25 PM | Reply | Permalink
Minnesota Dems are the problem! If they had any balls they would act on the legislation that says issue an election certificate NOW!
But they're sitting on their hands like a bunch of pussies because Pawlenty MIGHT veto the bill and they MIGHT not have enough votes to over-ride. Talk about profiles in courage. NOT.
You can't blame this one on Reid.
April 1, 2009 11:41 AM | Reply | Permalink
Give it a rest. Just because you believe in due process doesn't mean you don't have any balls. Maybe they have the votes to jam something like that through and maybe they don't...but I for one don't blame them at all for not wanting to corrupt the process. There's an existing statute on this subject establishing an existing procedure. It says Coleman gets one more appeal to the MN Supremes, and afterward the certificate must be issued. That's not an unreasonable process, and it should be honored. The legislature (assuming they do have the votes) is showing admirable restraint by letting things play out as they were intended.
April 1, 2009 2:27 PM | Reply | Permalink
You make a lot of sense. NOT!!!
Coleman's folks have announced they're going to drag this out as long as possible, including years. They are only interested in keeping Franken out of the senate, not due process.
The MN legislature wrote that law and now that they see it's being abused they should change it to say that a provisional certificate can be issued under similar circumstances. That's not corrupting the process.
People are pushing for Reid to do something for which he has no authority but saying the MN legislature should just sit back and wait . . . forever. They are pussies. And so are you!
April 1, 2009 2:40 PM | Reply | Permalink
It would be corrupting the process for the Minnesota legislature to pass a law now that governs an election process that was put into motion in November. They can change the rules for handling future elections, but they cannot rightly change the rules for the one that has already taken place.
April 1, 2009 6:55 PM | Reply | Permalink
Oh, yes they can. If they had the balls.
April 1, 2009 7:44 PM | Reply | Permalink
If Harry is buffaloed by Big John, I'll have to get drunk for a year!
Harry, it is the last round. If you get rolled this time, then go out to pasture like a good steer, and let the bulls take over the ground.
Ol' Big John is all bark; if'n you cain't handle him, then you oughta just quit.
BP in Texas
March 31, 2009 10:47 PM | Reply | Permalink
Just for those who may not know what a steer is:
1 : a male bovine animal and especially a domestic ox (Bos taurus) castrated
Harry, do you have them or not??
March 31, 2009 11:05 PM | Reply | Permalink
What's the MN statute say about this? Does it specify whether the appeals process needs to be finished in state court or just in general before a certificate of election can be issued?
March 31, 2009 11:35 PM | Reply | Permalink
Yes, it does. It says the certificate cannot be issued until all state appeals are finished. Most of us believe it also is clear that the certificate must be issued at that point...but there's quite a bit of Republican noise at the moment about not issuing it until the federal appeals are done as well.
If I had to guess I'd say after the MNSC rejects the appeal Pawlenty will refuse to issue the certificate, and then the MNSC will decide whether to issue some kind of writ to force him to. If they don't issue the certificate, there will be a big fight in the Senate over whether to seat Franken without one. If they can't get it done, there will be a protracted federal court fight.
That said, if they get Franken seated, I expect all the federal appeals stuff to die immediately. They know they don't have a case, and if he's in the Senate they don't have any reason to keep delaying.
April 1, 2009 2:34 PM | Reply | Permalink
Could the reason that Harry specifically mentioned the Minnesota courts be that the Federal bench has no jurisdiction? I refer, of course, to the much discussed Article I section 5:
Now, I realize that the SCOTUS has whatever jurisdiction it says it has, but what's Roberts going to do if Reid tells him that his opinion and $3.50 will get him a cup of coffee at Starbucks?
March 31, 2009 11:38 PM | Reply | Permalink
In 2000 Scalia, the "literalist", ignored The Constitution to end an election, why wouldn't he ignore it again to keep one going.
So we just might get to see the bell weather bitch-slap test of Harry Reid vs Supreme Court.
But seriously, I don't think the Scalia has a hard-on for Coleman like he did for Cheney.
April 1, 2009 1:35 AM | Reply | Permalink
Norm is pathetic! Talkk about a sore looser! And so are the GOP for continually funding him legally.
March 31, 2009 11:46 PM | Reply | Permalink
Even in the unlikely event that Federal courts take an appeal from Coleman, the Minnesota Secretary of State says that the rule is that once the Minnesota courts have disposed of the case, there is no choice but for the Secretary of State and the Governor to sign the election certificate. Cornyn can scream to the moon and Reid can throw up his arms in surrender as usual but that is the law and a Federal appeal isn't going to prevent that.
March 31, 2009 11:47 PM | Reply | Permalink
Reid can throw up his arms in surrender as usual but that is the law and a Federal appeal isn't going to prevent that.
But an injunction issued by a federal court would.
Do any lawyers out there know whether a hypothetical Coleman appeal of a hypothetical Minnesota Supreme Court ruling would go to the US District Court or straight to the federal Supremes?
I seem to remember something about appeals of state Supreme Court rulings on federal constitutional grounds going directly to the US Surpreme Court, but I may be misrecollecting.
April 1, 2009 12:24 AM | Reply | Permalink
Coleman could file a petition for a writ of certiorari with the SCOTUS. If four of the nine justices approve, it goes directly to the Supreme Court.
This seems unlikely, though. The purpose of going directly to the SCOTUS is to accelerate the process, which is the last thing the GOP wants to do. I think it's more likely he'll file with a lower court and ask for an injunction to stop the certification. Then they'll stall around some more.
April 1, 2009 10:08 AM | Reply | Permalink
If Franken is declared the winner by the Minnesota
court and Harry Reid doesn't move aggressively to seat him, there will be, hopefully, such an uproar that Reid loses his position as Majority Leader.
April 1, 2009 7:47 AM | Reply | Permalink
I'm fairly sure the Democrats in the US Senate get their cocktails spiked with chemical castration meds.
April 1, 2009 8:36 AM | Reply | Permalink
That's why I want to see Amy Klobuchar as majority leader. Way tougher than Reid. She's willing to say "Go ahead and filibuster, you nay-saying obstructionists.".
April 1, 2009 10:06 AM | Reply | Permalink
Reid's gonna cave. Think Burris....
April 1, 2009 12:28 PM | Reply | Permalink
I have been looking for details on this without sucess, now I see here they are examining the 400 ballots next Monday? Is there any word yet on the time table for the Mn Sup. Ct appeal? Is yesterday's Order appealable, or do they have to wait until after the 7th? I doubt a Federal District Court would issue an injunction to stop seating Franken if the Mn court rules in his favor and Colman fails to petition the US S. Ct, one has to convince a Ct you have a likely chance of suceeding, and will suffer irrepairable damage with out one to obtain an injunction. I don't see where Coleman would qualify on either count.
April 1, 2009 3:15 PM | Reply | Permalink