Another Former Pro-Coleman Paper Calls For Him To Quit
Another local newspaper in Minnesota is calling upon Norm Coleman to concede, after having endorsed him in the 2008 election. This time, it's the Bemidji Pioneer:
Sen. Coleman's appeals were necessary and a legal part of the process. But at some point, incessant appeals serve no more than to obstruct the process than to guarantee justice. It's not unlike the Death Row inmate who exhausts all his appeals, taking years, and reaching the U.S. Supreme Court. And how many cases does the high court acquit?
...
The public perception at this point appears not to be one of letting Sen. Coleman fully seek redress of his legal grievances, but rather one of obstructing the Democrat-controlled Senate to prevent it from reaching that magic number of 60 votes. Adding Mr. Franken would mean 59 Democrat votes in the Senate. To continue to obstruct doesn't bode well for Minnesota, nor for Sen. Coleman's career, should he continue in politics.
Similar calls have come from at least two other papers that endorsed Coleman in 2008: The Albert Lea Tribune and the Worthington Daily Globe.
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Coleman doesn't have a future political career, he's doing the GOP's bidding here so big money donors will bankroll his defense to criminal charges.
April 20, 2009 12:17 PM | Reply | Permalink
He's never been anything more than a tool of the Republican party leaders, and that's all he's doing now. Once this is over he can go back to being just a regular tool.
April 20, 2009 1:11 PM | Reply | Permalink
Where in the hell is Bemidji and why should I even care?
April 20, 2009 12:27 PM | Reply | Permalink
You are obviously not a fan of NCAA hockey, are you?
April 20, 2009 12:34 PM | Reply | Permalink
It's the true home of Paul Bunyan.
April 21, 2009 9:44 PM | Reply | Permalink
Do you own a car that starts and operates in a reliable way in cold weather? If so, waft a small thanks to the special test bed in Bemidji Minnesota, where all cars undergo such stress tests.
April 20, 2009 12:50 PM | Reply | Permalink
The editorial writer could have stated it better, than to suggest that the appeal process itself is ridiculous because, after all, how many of these things does anybody ever win (not to mention, that he/she conflated Coleman with an ax murderer!)?
The appeal process certainly is legitimate. The problem is not the concept of actually using it; the problem is Coleman's cabal of Republicans who, as the author rightly perceived, is pulling this nonsense for the most crass and anti-democratic (small "d") reasons possible.
Had Coleman been denied an appropriate recount, or had there been any legal issues whatsoever, where he could have received relief from a Minnesota court, that would have been remedied long ago; had the process (e.g.) somehow been politicized to deny him justice, he most certainly would be entitled to take it to Scalia and the boyz.
But as that is simply not the case here, and because Coleman received the most fair review possible of all his bogus claims, even the Bemidji Fishwrap can see that there can be nothing gained by stalling, when you and the whole country already know you've got zero.
But to suggest that because the Supremes routinely have no problem executing people, appeals are therefore silly, is about the dumbest rationale there is for... rightfully... calling upon Coleman to cut the crap.
(There's a reason that editorial writer works in Bemidji :-)
April 20, 2009 1:15 PM | Reply | Permalink
To the Bemidji Pioneer:
Don't think we didn't notice your "Democrat-controlled" comment.
Right wing tools? Or just bad at grammar?
April 20, 2009 1:21 PM | Reply | Permalink
Neither is mutually exclusive.
April 20, 2009 1:33 PM | Reply | Permalink
In the rest of the country, the public perception at this point appears to be that Norm Coleman is a petulant, self-entitled ass.
April 20, 2009 3:24 PM | Reply | Permalink
Barry; conflating Coleman with an Ax Murderer does a disservice to ax murderers. They do honest work with their own two hands, and hey, maybe the guy deserved it.
April 20, 2009 8:39 PM | Reply | Permalink
Coleman goes into his appeal to the MN Supreme Court with neither facts, nor the law, on his side. The court record from the election contest (trial) literally reveals an election context conducted fairly and by the law. Further, Coleman, et al., failed to preserve in the contest (trial) record the very issues that he is now attempting to raise for subsequent appeals whether MNSC or SCOTUS. Rarely does a appeals court permit any part to do this. Under MN Rules of Appellate practice, the law limits any appeals court from turning an appeal into a de nove proceeding unless there is some serious deficiency in the trial court record. This is not the case for the Coleman contest.
Past practice of the MN Supreme Courts suggests the court will issue orders with a very tight and timely schedule, for example: submission of intial briefs from all parties due by 4/26; counter resonses due 5/1; and oral argument sometime early in the week of May 3 with a decision subsequently rendered within days.
Now this caveat: the court could decide the case without hearing oral argument if (1)the record from below is clear and complete; and (2)the parties' briefs and responses thereto leave nothing to be argued as to the law and/or facts.
The MN Supreme Court has a long history of not tolerating any kind of delaying tactics on the part of any party. The burden which MN appellate law puts on Coleman is extraordinary. The Coleman threat to go into the Federal courts post MNSC's decision lacks any legitimate federal question. SCOTUS isn't going to even consider granting cert to a Coleman complaint.
And on another related issue: by court rules, it is very unlikely a stay pending an appeal would be granted once the MNSC has rendered its final decision. The criterion for entering a TSO are nearly draconian in their restrictiveness to the requesting party, the most difficult one being required requiring the moving party to demonstrate a likelihood of prevailing in the appear.
In short, Al will be Sen Franken long before Memorial Day.
April 21, 2009 5:57 AM | Reply | Permalink
I was sitting around with a couple of other longtime Minnesota DFL hacks the other day and we were kind of marvelling about this whole episode.
I always use the "if the shoe were on the other foot" test and realize that Coleman is doing everything that we would want Franken to do if he were trailing by 300 votes. I think the big difference is the Republican hierarchy would be screaming bloody murder if the roles were reversed, while I believe Franken and company has been remarkably restrained.
merlot is likely right, but I've long learned that being "right" and "meeting with court approval" are two entirely different things. From its previous rulings in the case, it would appear that Coleman is sunk. If there were any indication that there was a pattern to the rejected ballots, he may have a straw of hope, but there isn't, so he likely doesn't.
Where the fun comes in is that the make-up for the five justices on the Minnesota Supreme Court who will vote on this matter, given the recusal of Magnuson and Anderson, makes for an odd melange. Two Pawlenty appointees, two Ventura appointees, and a Perpich appointee. One of my legally learned cohorts speculated that you could actually see five separate opinions and a close vote.
In the end, Franken should be seated. There is no real question about it. A statewide standard should be established for the rejection of absentee ballots, but given that there is no discernable pattern to the rejected ballots, Coleman really has no leg to stand on.
The thing I find most ironic is that those who decry activist courts are now hoping the Minnesota Supreme Court goes activist. Delicious.
April 21, 2009 11:26 AM | Reply | Permalink
Small correction to my previous post. There are no Perpich appointments on the Minnesota Supreme Court. Justice Alan Page advanced to the court through an election for an open seat.
April 21, 2009 11:37 AM | Reply | Permalink
I used to love Alan Page when he was a linebacker for the Minnesota Vikings. You go get em Alan
April 21, 2009 5:29 PM | Reply | Permalink
You may think you loved him as a linebacker, but he was an undersized, yet still dominating defensive tackle. He attended what I think were nine pro bowls and even as a defensive player was elected as the nfl's most valuable player in 1971. Since his election to the court, he has been a fine jurist.
April 22, 2009 8:44 PM | Reply | Permalink