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Coleman's Legal Spokesman Makes It Clear: We Are Appealing

On a conference call with reporters just now, Norm Coleman's legal spokesman Ben Ginsberg reaffirmed that the Coleman campaign is appealing yesterday's defeat in the election court, which declared that Al Franken won the election.

"We have been reviewing the court's order and we feel that they have misunderstood a number of the issues as well as what's at stake in this case," said Ginsberg. "And so let me reiterate what we have said so that there is absolutely no mistake about this: Senator Coleman and Cullen Sheehan [Coleman's campaign manager and co-plaintiff] will be appealing this decision from the three-judge court."

Ginsberg laid out the various issues that are ripe for appeal -- which were pretty much all the issues. The most in-depth treatment was given to the question of rejected absentee ballots, with Ginsberg insisting that it was a constitutional violation to not include the roughly 4,400 envelopes from the Coleman camp's list. Ginsberg also pointed out that these ballots came mostly from precincts that Coleman won, and at the precinct level this becomes a decent predictor of what the votes will be.

"The court was very defensive of the Minnesota system," said Ginsberg. "The purpose of a contest is to be protective of the rights of the voters. And instead of spending so much time patting themselves on the back about the Minnesota system, the court really missed the big picture that I think, in its prior rulings, the Minnesota Supreme Court has been conscious of."

Ginsberg said the formal notice of appeal would likely be filed next week, after they've had some time to look into the details of the ruling and construct their arguments. They have a ten-day period in which to file it. Ginsberg also said the election contest law carries with it an automatic right to be heard by the state Supreme Court.

"This really is a clarion call that the system of election administration in this country is broken," said Ginsberg, who previously served on the Bush legal team during the Florida 2000 litigation. And Ginsberg warned that the problems inherent in an election system, even one as good as Minnesota, can't get fixed if the state sweeps them under the rug rather than acknowledging them.


27 Comments

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And instead of spending so much time patting themselves on the back about the Minnesota system,

Way to be humble, jerk.

I don't see these comments helping Coleman's public relations effort.

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Coleman doesn't seem at all worried about burning bridges in Minnesota, does he? He might as well have said: "Minnesotans are a bunch of stupid hicks who can't even run an election right."

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I don't understand his position. If, in the end, he loses, people will think of him as a sore loser who just didn't know when to get out, and who continually put his own ambition ahead of what was good for Minnesota. If, inconceivably, he prevails, people will still think of him as someone who got into office the same way W did.

Either way, his future in politics seems dim, at best.


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I'm not convinced that the typical conservative (Norm Coleman included) understands that normal people don't typically view "win at all costs" as something to be commended.

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He's probably banking on people not really paying full attention and therefore blaming both candidates equally.

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Ah, but his future as a "consultant" or "resident scholar" or any of a dozen other cushy right-wing- or party-funded jobs is rosy indeed. He might never hold elected office, but no-one need worry about Norm Coleman landing on his feet. His service to the GOP will be rewarded handsomely.

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Drag on though it might (though I suspect it will be brief), this coming MN Supreme Court fight may well prove highly entertaining. Judges do not much care for ridicule before a case gets to them.

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Ginsberg said the formal notice of appeal would likely be filed next week, after they've had some time to look into the details of the ruling and construct their arguments.

Look into the details? It's a 56 page, point by point (157 points, actually) bitchslap. At one point, the court says, "The Court lacks jurisdiction to consider Contestee's Equal Protection Claim", then goes through a page dismissing Coleman's claim anyways.

The only basis I see for the appeal - Bush v. Gore said that the Republicans always win.

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You know, the more that I think about it the more that I LIKE the idea of Coleman taking this issue to the SCOTUS. Despite Scalia's heroic efforts to limit Bush v. Gore to its facts, that case is nonetheless being cited by appellate courts. If the Court were to side with Coleman in this case, that would open a HUGE door for groups like ACORN the disparties in voting machines between urban (i.e., black) and suburban precincts.

I'm as eager as the next Democrat to see Franken seated, but I'd be tempted to sacrifice him for a precedent like that. After all, its not like the SCOTUS would seat Coleman. Worst case is they order a new election.

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Coleman (if memory serves) gave a press conference standing by his attorney's side as he vowed to go to court after the recount. Like the silence from the DC GOP organizations, the absence of a Coleman personal appearance vowing to keep fighting might be a tell on whether Coleman will actually appeal.

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"This really is a clarion call that the system of election administration in this country is broken," said Ginsberg, who previously served on the Bush legal team during the Florida 2000 litigation.

He seems to be a funny sort of activist for this idea, if it's something he's been thinking for eight years but swoops in to push the idea only after elections and only in whatever convoluted way would lead to a Republican win. Imagine if Ginsberg had spent the last eight years using his post-Bush V Gore clout within the Republican party to promote the sorts of changes in election law that he claims to want Minnesota to implement on the spot in this election. As it is the GOP's #1 voting issue the last eight years has been making it harder for poor people to vote.

He does seem to neatly prove his own point though: The system of election administration in this country is broken, in that it is too easy for Ben Ginsberg to exploit.

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Don't you just love Ginsberg? The atty who's not a member of the bar in the state of MN, and yet has been the public legal spokesperson for the last 5 months on this case? I suspect there's some legal-eagle reason the Team has found it better that he not file the paperwork to became legal. Maybe because the court would smack him for his public potshots at their system?

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Note to TPM technical staff: email to talk@talkingpointsmemo.com bounced; your spam filters may be broken.

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IANAL but it seems to me there's a good chance the MnSC after reading the extremely carefully crafted decision of the election court will simply decline to hear the appeal.

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That is my take on it too...wouldn't that just be such poetic justice, so to speak (oe is it karma?)...this 156 page refutation of Normie's arguments, and the MN SC looks at it, and says--looks good to us. We wont hear it...game over. Bye, Norm.

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Remember how the Coleman campaign and their legal team withheld the identity of a witness and conspired with her to keep her hidden in flagrant violation of clear rules?

That the same thing the prosecutors did in the Ted Stevens case, and the same reason they got kicked out of court. It's time to kick Coleman out of court as well.

http://tpmdc.talkingpointsmemo.com/2009/02/coleman-camp-gets-caught-not-sharing-evidence-with-franken-side-coaching-witness.php

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Heh. That could be a fun point to use in arguments with conservatives. In truth, though, it's an apples to oranges comparison. You can't really compare a criminal prosecutor's constitutional obligations to disclose evidence with a civil litigant's discovery obligations. There are similarities, but they aren't the same.

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Actually, they are more like separate varieties of apples, in that one rule is constitutional and one comes from court rules. However, both serve the same purpose of securing the truth in legal proceedings.

And Coleman's apple is certainly rotten, given his clearly intentional concealment, whereas the Stevens apple is likely rotten, but might have been negligent rather than intentional.

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I agree. I see the violations in the Stevens case as more significant because they impacted a criminal defendant's rights to due process and to confront his accused. Both certainly go to the courts' truth seeking function though.

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MN resident here: I've heard sooo many Republicans say Franken should be seated here in MN. They are even turning on Pawlenty at this point.

So please Norm, appeal. While you do that I look forward to the futher crumbling on the MN Republican party.

Coleman is doing what the DFL and even Franken himself couldn't do: Coleman is helping Franken gain Republican support through his antics.

So, as much as I want my Senator Franken, I've got to say:

Heckuva job, Norm!

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Thanks, josephcast, for making my day!

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The hubby got his hair cut today. His barber is a staunch Republican. Hubby asked the barber if he thought the outcome of the election contest was valid. Barber said "In my heart I want to say the Dems stole it. In my intellect I know it is a valid judgment by the canvassing board". So I think lots of even die-hard R's know Norm's time is over, and it's been an open, transparent and fair process. Norm just couldn't present a case!

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I saw Norm in the hardware store. He doesn't look good. I resisted asking him why he won't quit. I didn't think I'd get an honest answer.

My wife said a friend had seen him earlier too... and their observation was much the same. He doesn't look very good. He must be having a difficult time dancing with the ones who brought him.

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It's time to start giving him grief. Seriously. He deserves no respect whatsoever.

If I saw him, I'd tell him to his face to drop the litigation and move on.

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It cannot be stressed too much what an undemocratic jerk Ginsberg is. Bush v. Gore, attorney for the Swiftboat Liars, and now the obstruction of Franken's seating. Ginsberg is an enemy of democracy and any form of inter-party comity in this country. Any party or candidate who associate themselves with him are tainted by his corruption.

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i feel sorry for Minnesotans.
I hope they start raising hell about this.
I don't know how Coleman could show his face
after this round

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I hope Coleman drags this to SCOTUS. And I hope those fuckers choke on great gobs of Bush V Gore. Ha ha!

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