Coleman Camp Could Have To Pay $94,000 To Franken's Legal Team
Norm Coleman's appeal of his defeat in the Minnesota election trial has not yet been argued before the Minnesota Supreme Court, but the two campaigns are busy litigating yet another point: How much Coleman's campaign will have to reimburse the Franken camp for legal costs under the loser-pays provision of the election law.
As of now, and as determined by the court clerk, Coleman will owe Franken about $94,000 for trial-related fees. Team Franken had asked for $161,000, which was then reduced by the clerk after the Coleman camp objected that some of these costs either didn't qualify or weren't sufficiently itemized.
This hardly begins to cover the millions that have been spent on legal fees, but it's one more thing for Coleman to worry about.
In documents that were filed by the opposing camps over the past two and a half weeks, but only just made available online, the legal teams argued over how much Coleman should have to pay -- and when he should have to pay it. Pending a hearing, which Coleman has ten days to request, that latter question is still up in the air.
The Coleman camp argued that they should not have to pay until the appeals process is over -- due to the possibility that they can still win. On May 8, in response to the Franken camp's original itemized claims, they argued:
Given this expedited process, it is most efficient for this Court to refrain from considering and deciding Contestee's request for taxation of costs and disbursements until Contestants' expedited appeal to the Minnesota Supreme Court is resolved. If Contestants prevail on appeal, then Contestee's request for taxation of costs and disbursements will become moot. If, on the other hand, Contestee prevails on appeal, this Court can promptly issue an Order on Contestee's request.
In the Franken camp's reply, filed on May 13, they say that there is no legal basis for Coleman to delay paying the check:
At the outset, Contestants do not dispute that, as the prevailing party in this litigation, Contestee is fully entitled to an appropriate award of costs.Instead, Contestants argue that such an award should be delayed, pending resolution of the appeal. The argument finds no support in the law. Rule 54.04 provides that costs and disbursements may be taxed by the court administrator on two days' notice. Contestants do not appear to content -- nor can they -- that their appeal stays the taxation of costs. There is no authority to support such a contention.
Josh
Matt
Eric
the legal teams argued over how much Coleman should have to pay -- and when he should have to pay it.
Interesting. So Coleman is implicitly conceding that he lost the election?
May 22, 2009 5:01 PM | Reply | Permalink
I think just conceding the court case, witch is kind of a natch considering he's appealed the decision.
This is just the slow, whimpering wind down of a pathetic delay. Kind of an ironic punctuation to an era that began with the very court cases on which Colman bases his last desperate hope. Some days, you gotta appreciate irony.
Now if Obama puts his people in on recess appointments, Reid threatens the GOP's own "nuclear option" on supreme court justices ... Franken takes his seat ... (Nelson gets caught with a gay hooker, Specter decides to retire, aaaannndddd....) Must be Friday. :-)
May 22, 2009 5:38 PM | Reply | Permalink
Can Coleman then declare bankruptcy?
May 23, 2009 6:15 PM | Reply | Permalink
The cost to the Coleman campaign is more than $94,000. It has cost the people of Minnesota dignity and honor and likely Governor Pawlenty a larger political future.
The reputation of the State has suffered from the likes of Michelle Bachman and now the behavior and attitude of Coleman.
The characterization of Franken as a joke pales in comparison to the behavior of the so called serious politicians. It is no wonder that Jessie could win.
May 22, 2009 6:20 PM | Reply | Permalink
Quit yer whinin. The Twins avoided a sweep in Chicago yesterday by beating the White Sox 20 to 1 which ties for worst Sox defeat of all time. That's enough honor to last Minnesota til 2010.
May 22, 2009 7:07 PM | Reply | Permalink
It is going to be a long battle. After Coleman loses in the Minnesota Supreme Court and loses in the US Supreme Court, it will take time to get it heard by the World Court. By then there might be an Intergalactic Court. Being a Bush Republican means never admitting to being wrong. Then again, becoming a professional appellant is the best job prospect Norm has--the job market for people like him is pretty limited.
May 22, 2009 8:04 PM | Reply | Permalink
I heard that MR Spock has already delivered a verdict:
SEAT AL FRANKEN!
Live long and prosper!
May 22, 2009 9:07 PM | Reply | Permalink
AND never having to say you're sorry.
May 23, 2009 1:53 AM | Reply | Permalink
Franken still needs to apologize for making Coleman look bad. And the voters for not electing him. The judges need apologize for not cutting him a break. And whoever is responsible for that law that says donors can't funnel money into a political campaign by hiring the politician's spouse's company for contracting work when no actual work is performed...
The list of needed apologies just goes on and on.
May 24, 2009 9:57 AM | Reply | Permalink
I gotta say people the fun of this is yet to come.
Franken is the liberal senator from heaven. He will be quicker and smarter than all those southern neanderthals. He will call them on their bullshit in perfect funny soundbites and the media will gobble it up like cheesecake. To say he is media savvy is way way the understatement. Read his books if you doubt what I say. Honestly, what you hate about Harry Reid, you are going to love about Al Franken. On with the show!
May 22, 2009 10:49 PM | Reply | Permalink
I have to agree. Al Franken has the potential to disarm conservatives both with his wry humor, and his knowledge. He's a tenacious and principled fellow. (He'll be one hell of a fundraiser as well.)
May 22, 2009 11:38 PM | Reply | Permalink
Why not Al?
Franken / umm, let's go Stewart 2016
May 24, 2009 10:02 AM | Reply | Permalink
Absolutly! And the GOPers know it. You can always tell how seriously they take an opponent by how much they ridicule them. A professional stand up comic with brains and a microphone is the GOP's worst nightmare (after a whip smart black president who knows how to play politics).
May 23, 2009 3:33 AM | Reply | Permalink
Absolutely! He'll be our best Senator ever. Hubert who??
May 23, 2009 10:12 AM | Reply | Permalink
This has reached the point already that Coleman looks like a feckless dolt. He is now merely allowing himself to be manipulated by the RNC to deny the Democrats their filibuster-proof majority. Once Coleman at least gave the appearance of being his own man. Now, he has made it perfectly clear that he is anything but.
May 22, 2009 11:16 PM | Reply | Permalink
Whaaaaa! Whaaaaa! Mommy, that man is going to take all my money from me cause I've been a pooooor sport!!
Whaaaa!
May 23, 2009 7:46 PM | Reply | Permalink
I love the smell of legalese in the morning.
I sort of agree you shouldn't have to pay until appeals are over -- state appeals.
Meanwhile, is Al attending caucus meetings? and if not, why not?
May 23, 2009 1:29 AM | Reply | Permalink
have to disagree. once it is over it is possible never to be paid. the money should be transfered to the court for keeping until appeals are over.
May 23, 2009 3:38 AM | Reply | Permalink
I have to agree ... have the money transfered to the court. Colman has had his day in court ... again ... and again!
May 23, 2009 7:37 AM | Reply | Permalink
And Coleman won't be able to declare bankruptcy because of the Bankruptcy "Reform" Bill he supported :-)
May 23, 2009 8:25 AM | Reply | Permalink
Y'know, it's too damned early to go plowing through these piles of papers to find Franken's respondent brief on Coleman's Supreme Court appeal, but I remember that, right at the end, it says they will not be asking for money, either in penalties or in reimbursement, in order to remove that consideration from the case, so as to hasten the resolution of the appeal.
So as far as this news goes: Whiskey Tango Foxtrot?
May 23, 2009 8:29 AM | Reply | Permalink
Keepin' Coleman back on his heels. These kinds of quick jabs force Coleman to do increasingly difficult fundraising, or look with dismay at his own bank account. Then, too, his own lawyers want to get paid, and if they're smart (although their handling of the case doesn't offer any evidence of that), they'll have collected their money up front. I'm willing to bet that Coleman is staying up late at night, staring at the wall with a drink in his hand, and that one of these days, out of exhaustion he's going to make a serious misjudgment in public. If that comes about, the hours spent discussing the $94K will have been well spent.
May 23, 2009 10:47 AM | Reply | Permalink
Hell yeah. Can you imagine Coleman sending out a letter to his contributers, asking for money so he can give it to Al Franken?
I can.
May 23, 2009 12:51 PM | Reply | Permalink
QRZ?
May 23, 2009 3:16 PM | Reply | Permalink
I love this bit from Franken's reply:
Just cut and paste that in as a reply for pretty much any Republican argument lately.
May 23, 2009 12:07 PM | Reply | Permalink
The problem is that too many judges and justices are Republicans.
May 23, 2009 6:34 PM | Reply | Permalink
Franken is being awarded a very specific and limited category of "court costs". It does NOT include attorneys fees, penalties, or reimbursements. It is money that team Franken had to pay to: the court to file stuff, process servers, witness fees, court reporters transcripts, etc. Basically, hard fees that is required by the court in order to just get a swing at justice. But, you don't get a hit if you're not up there swinging. It doesn't matter that Coleman is appealing on the merits, apparently Minn. doesn't stay the cost award during the appeal. So the clerk administrator doesn't have to say when Coleman has to pay; team Franken can just go grab any property of Coleman's that they can find. Maybe they can sell his $70,000 upgraded kitchen that was finished just before the $75,000 was steered to his wife. Bankruptcy would likely still be a viable option, unless there is a finding of malice. Think OJ losing his Heisman to the Brown family judgment sale. Do you know why OJ moved to Florida? The principle residence in Florida, no matter how much equity, can't be sold by creditors; and Fed law prevents the Browns from grabbing his NFL pension. So he's pretty smart, or just well advised by lawyers.
May 23, 2009 12:12 PM | Reply | Permalink
OJ's in prison
May 23, 2009 2:50 PM | Reply | Permalink
Yeah; turns out he wasn't all that smart after all.
May 23, 2009 8:02 PM | Reply | Permalink
What's the fight about again? Votes or counting or something? Coleman might also want to re-count the lawyers fees, & while he's at it check into those ten thousand lakes.
May 23, 2009 10:14 PM | Reply | Permalink
Franken should also sue Coleman for the lost Senate wages and benefits Franken hasn't received.
May 24, 2009 9:18 AM | Reply | Permalink
Including the value of his franking privilege.
May 24, 2009 2:23 PM | Reply | Permalink
jzap,
hahahahahaha good one :-)
May 25, 2009 9:06 AM | Reply | Permalink
That would be great. Nice to see the power of small really exists in politics. And in this race, a few hundred votes have made a difference, every vote actually counts. And, if you use the Coleman strategy and cant stand the idea of letting a good candidate stick up for us little people, you're not going to get away with it.
May 25, 2009 10:14 AM | Reply | Permalink
this is a joke, if the people of this country cant see how the republican party works and doesnt throw the rest out then something is wrong, coleman is a joke and its such a waste of money for a job that pays what $160000 a year and all you can steal,,,go home people the party is well over!
May 25, 2009 1:05 PM | Reply | Permalink