The Minnesota Senate Race Is Over -- Coleman Has Conceded Defeat To Franken

Who would have thought that something bizarre would happen when Al Franken ran for public office?
In a press conference just now, former Sen. Norm Coleman (R-MN) has conceded defeat to the Democratic comedian Franken in the 2008 Senate race -- nearly eight months after Election Day, and six months after the seat went vacant when Coleman's single term had expired. Coleman said that further litigation would damage the state, and congratulated Sen.-elect Franken on his victory. He said his future plans in politics "are a subject for another day."
Coleman also said he would no longer contest the much-litigated matter of which previously-rejected absentee ballots should and should not be let into the count, for which both campaigns had picked out lists to argue over. "I'm not questioning what's counted and what's not counted. The Supreme Court has decided," he said. "We are a nation of laws and not men and women. Now that the court has spoken, it's time to move on and not look back."
Coleman said his phone call with Franken was civil. "It couldn't have been any closer and he understands, what his family has gone through, and what me and my family have gone through," said Coleman. "It was a very personal discussion. I congratulated him and wished him the best, and he responded in kind."
It's been a long and strange journey from there to here. Coleman had initially been ahead of the long-time Democratic activist and dirty comedian right after the election, seemingly winning by around 700 votes the day after the election. But then the state went through the standard process of having the counties all proofread their spreadsheets -- and it turned out he only led by 215.
Then the recount commenced, with ballots from malfunctioning machines or with markings that were too light to be scanned cutting into the lead. Then after the State Canvassing Board adjudicated the ballots that had been challenged by the campaigns for voter intent or illegal voter signatures (and most of these challenges from both sides were completely frivolous, designed to manipulate the totals), it was now Franken who was ahead by 49 votes. Then after extensive litigation on absentee ballot envelopes that had been rejected due to clerical errors by local officials, Franken was then up by 225 votes.
Then Coleman filed a lawsuit to contest the results, contending that a) ballots were let in for Franken that shouldn't have been, b) ballots for Coleman that should have been allowed were not, and c) damaged absentee ballots that had been duplicated ended up being counted twice, favoring Franken. After months and months of litigation, the three-member trial court rejected all of these claims -- and some more previously-rejected ballots that were put in only expanded Franken's victory to 312 votes.
And keep in mind that Coleman's Senate term expired in early January. This seat has been vacant for six months, due to two things. First, a quirk of Minnesota law prevents the certification of a winner in a contested race until the state litigation is over. Second, Senate Republicans declared that they would block any attempts to seat Franken without the full documentation -- indeed, they leveraged Senate Majority Leader Harry Reid's (D-NV) attempts to block Sen. Roland Burris (D-IL) from being seated, due to having a certificate of appointment that wasn't fully signed.
The national Republican Party pumped a lot of money into support Norm's fight, with a lot of people starting to suspect that this was motivated at least in part by delaying the Democrats from getting a seat. For example, Sen. John Cornyn (R-TX), chairman of the National Republican Senatorial Committee, has said it could take "years" to resolve this.
But now it's over. Really and truly over. Sen.-Elect Franken is expected to be sworn in early next week, taking the seat once held by the late Sen. Paul Wellstone -- a staunch progressive and close personal friend of Al's, whose death in 2002 plane crash clearly had a profound effect on the comedian, and spurred him to get seriously involved in politics, and to travel down the road that led us here.
Late Update: Here's the video:


















Hurrah!
June 30, 2009 4:06 PM | Reply | Permalink
THIS IS EXCELLENT NEWS!!!! FOR JOHN MCCAIN!!!!
June 30, 2009 4:18 PM | Reply | Permalink
AND JOE LIEBERMAN!
June 30, 2009 6:02 PM | Reply | Permalink
Congratulations to Eric Kleefeld . . . the second most relieved man in America!
June 30, 2009 4:08 PM | Reply | Permalink
Another swift kick in the teeth to our dear and respected friends across the aisle! :)
June 30, 2009 4:08 PM | Reply | Permalink
One national nightmare down, several to go. Get to work, Senator Franken.
June 30, 2009 4:08 PM | Reply | Permalink
I thought I would croak before this day ever came!
June 30, 2009 4:08 PM | Reply | Permalink
stunned. Coleman did the right thing for once.
June 30, 2009 4:08 PM | Reply | Permalink
Shocking news. Someone who consistently was doing the wrong thing does the right thing. Shocking!
June 30, 2009 4:33 PM | Reply | Permalink
LOL--because we all know that Franken would've have been completely gracious in defeat if he were behind by a few hundred votes out of 2.8 million cast, right? No chance he would've fought 'till the bitter end.
Just kidding of course. No one really believes that.
Maybe Franken will distinguish himself in the Senate and reside there for many years. But let's remember that he basically tied a douche like Coleman with BHO at the top of the ticket. The President won Minn. by 10% and he could barely carry the senator-elect over the finish line!
If I were franken and I wanted to Spend more than one term in Washington, I'd start fundraising tonight.
June 30, 2009 7:20 PM | Reply | Permalink
You really don't have to worry about Senator Franken's fundraising prospects although I'm sure he'd appreciate your concern.
With his national profile what it is, he won't have any problem fundraising. He already has treasure chests waiting for him from his Hollywood colleagues in LA and Voice of America fans in NY. He's already starting out as one of the most famous pre-election senators. Nor will he be stymied by any Roland Burris type cloud. So if you're losing sleep over it, don't worry.
July 1, 2009 5:36 AM | Reply | Permalink
Our long semi-national nightmare is over.
June 30, 2009 4:09 PM | Reply | Permalink
As excited as I am at the prospect of a Senator Franken, so long as Harriet "magic underwear" Reid is Majority Leader, Franken's assumption of Coal"man"'s senate seat won't amount to a hill of beans.
Primary Reid in 2010.
June 30, 2009 4:09 PM | Reply | Permalink
Eric, wonderful job, truly. Thanks so much.
June 30, 2009 4:09 PM | Reply | Permalink
Heartily seconded. Eric, you deserve some sort of reward for your thorough and indefatigable documenting of this endless saga. At the very least, a nap and a good strong drink.
June 30, 2009 4:19 PM | Reply | Permalink
I second that!
June 30, 2009 4:27 PM | Reply | Permalink
Co-sign!
June 30, 2009 4:27 PM | Reply | Permalink
Kleefeld rules!
June 30, 2009 4:32 PM | Reply | Permalink
Hal-le-freakin- lujah. I never thought Slimy Norman would do the right thing even now.
June 30, 2009 4:10 PM | Reply | Permalink
YEEEEEEEEEEEESSSSSSSSSSSSSSS!
And another vote for health care reform, too!
June 30, 2009 4:10 PM | Reply | Permalink
/highfive Eric
Incoming character assassinations of Franken in 3....2....1
June 30, 2009 4:11 PM | Reply | Permalink
The Giant Babys (Limbaugh and Beck) and all the boys will be screaming bloody murder.
June 30, 2009 4:13 PM | Reply | Permalink
Al Franken, "the long-time Democratic activist and dirty comedian"?
Up to now I've enjoyed reading Eric's reporting, but this? And for what, to rain on Franken's parade? Where's the similar disparaging remarks about Coleman?
Way to stay classy, Eric.
June 30, 2009 4:11 PM | Reply | Permalink
yeah, I thought that was a little over the top.
June 30, 2009 4:15 PM | Reply | Permalink
Oh dear.... that made me laugh. :D A well-deserved moment of winking bloggery, a cherry for the top of all the months of deeply serious reportage sundae. Well done, Eric and TPM.
June 30, 2009 4:26 PM | Reply | Permalink
It's a jab at Coleman. Try to cut down on the emotional energy drinks, for God's sakes.
June 30, 2009 4:28 PM | Reply | Permalink
Sorry. My snark-o-meter has been out of tune lately.
June 30, 2009 4:42 PM | Reply | Permalink
Um, I should make it clear that I'm celebrating the fact that I live in a country where a man who held such a job in his life can be elected to high office. I mean the term "dirty comedian" in the most positive sense possible — some of my favorites are Lenny Bruce, Bill Hicks, Richard Pryor, and of course, Al Franken.
June 30, 2009 4:22 PM | Reply | Permalink
What?!?! No Carlin or Chappelle???
;)
June 30, 2009 4:55 PM | Reply | Permalink
Did you take out the dirty comedian line? 'Cause I thought it was fell pretty clearly into tongue in cheek territory and was funny to boot.
Sigh. We seem to take our seriousness so... seriously, sometimes.
July 1, 2009 1:10 AM | Reply | Permalink
WHOOOOOHOOOOOOOOOO!!!
Senator Al Franken, every GOP Senator's worst nightmare! I can't wait! Senate Dems, your balls are on the way!!!
June 30, 2009 4:13 PM | Reply | Permalink
Wellstone's death affected more than Franken's amibtions, it was a "grim portent" of the dark days to come.
June 30, 2009 4:13 PM | Reply | Permalink
Indeed it was. Every time Congress got down on its knees for Smirky/Darth's Iraq clusterfuck, I thought of Wellstone, and what he would have done and said.
I was sitting in the waiting room of my doctor's office, suffering from bronchitis, when Wellstone's death was announced on the cable news. I screamed "No!"
Wellstone had come to Kentucky in 1999 to see Appalachian poverty for himself, and despite the Bobby Kennedy cliche, he made a real impression as someone sincere about his liberal ideals.
You've got big shoes to fill, Al, but nobody knows that better than you.
June 30, 2009 4:25 PM | Reply | Permalink
Actually, the shoes have shrunk a few sizes on Norman's feet. I'm confidant Franken can stretch them out, maybe to clown shoe proportions
June 30, 2009 4:45 PM | Reply | Permalink
Deep in my heart I believe that Wellstone was the victim of a political murder, and maybe Mel Carnahan was, too. Their deaths were altogether too convenient; I classify them under the heading of things people will do when it's close enough to cheat.
It's hard to forget just how much George H. W. Bush hated Wellstone.
June 30, 2009 4:37 PM | Reply | Permalink
Evidence-free accusations of murder. Nice.
Those guys on the other side of the aisle sure are douche bags!
June 30, 2009 6:46 PM | Reply | Permalink
Just in time for the summer session: Waxman/Markey, confirming a Supreme Court Justice, Health Care reform (with a public option!), and EFCA! Let's go, Al!
And Eric, I second the motion on all your hard work- you put the MSM to shame.
June 30, 2009 4:15 PM | Reply | Permalink
HONK! HONK!! HONK!!!
June 30, 2009 4:28 PM | Reply | Permalink
About time. Means two things, the people of MN will have two senators to represent them, and we will have a professional comedian in the senate. I am so tired of these amateurs. (With apologies to Tom Lehrer.)
June 30, 2009 4:16 PM | Reply | Permalink
Hurray Al! And good reporting Eric.
But "dirty comedian"? Why would you choose this adjective to describe Al Frankin? He is certainly no more blue than some of his contemporaries, whom I have never heard described in this way.
June 30, 2009 4:17 PM | Reply | Permalink
WOOT!!!!!!
June 30, 2009 4:18 PM | Reply | Permalink
It is about time Norm, you douche.
June 30, 2009 4:18 PM | Reply | Permalink
AGreed, "dirty comedian" was out of line.
June 30, 2009 4:21 PM | Reply | Permalink
How about "potty mouth"? LOL
The Senate could use a little coarse language instead of all that "my good friend across the aisle" crapola.
June 30, 2009 6:05 PM | Reply | Permalink
It could be like a Dean Martin roast right there on the floor. The chair recognizes Sen. Rickles!
June 30, 2009 7:18 PM | Reply | Permalink
So Franken is seated next week. Byrd is out of the hospital. Where's Kennedy right now-- Washington or Florida?
Will we at any point before the August recess have 60 sitting Democratic senators? And is there anything we can expect to happen on the day that we do?
June 30, 2009 4:22 PM | Reply | Permalink
All I am saying is give change a chance >
June 30, 2009 4:22 PM | Reply | Permalink
I'm looking forward to watching C-Span now. Does that make me some kinda freak?
June 30, 2009 4:24 PM | Reply | Permalink
Yes, but the kind we all love.
June 30, 2009 4:29 PM | Reply | Permalink
Yes, but I watch Hardball, so I guess we are all Freaks.
June 30, 2009 4:33 PM | Reply | Permalink
Thirty years after he originally declared it, at last, the decade of Al Franken!*
*Earlier this year some right-wing blogs were sneering about the "year" of Al Franken, but that's another thing about him they got wrong.
June 30, 2009 4:25 PM | Reply | Permalink
Is it strange that I find it odd that this is over?
June 30, 2009 4:25 PM | Reply | Permalink
I sense a great disturbance in the Dark Side, as if millions of voices suddenly cried out in terror, and were suddenly silenced.
June 30, 2009 4:27 PM | Reply | Permalink
LOL! If only the "silence" part were true ....
June 30, 2009 4:31 PM | Reply | Permalink
heh, if only.....
June 30, 2009 4:58 PM | Reply | Permalink
Millions of voices? More like the lunatic ravings of Bill O'Reilly, drowning them all out.
Oh, and Bill? That's SENATOR Franken to you, asscheese.
June 30, 2009 6:28 PM | Reply | Permalink
No doubt. I always wondered about billo's bragging to his phone sex intern about how he and Roger Ailes were going to 'get' Al Franken for daring to cross him, that she need only wait and see when he was attempting to intimidate her silence.
What a gasbag. What's he going to do, run up to Al and talk his ear off? Al could return word for word, blow for blow.
July 1, 2009 5:53 AM | Reply | Permalink
My compliments to Eric. You did a terrific job on this story, er, novel, ummm, tome. Best coverage I found anywhere. Thanks for the effort.
June 30, 2009 4:28 PM | Reply | Permalink
Eric and DKos poster WineRev offered the best coverage of this saga anywhere.
June 30, 2009 4:31 PM | Reply | Permalink
Great job, Eric. Congratulations, Senator Franken!
We've just started a whole new ballgame, folks.
My only regret is I wish it could've came a month earlier. I moved to WI from MN a month ago! Damn!!
June 30, 2009 4:33 PM | Reply | Permalink
Thank you Eric for remembering that this seat has for the past six plus years been called, by many of us, The Paul Wellstone Seat. Al Franken can now begin to move forward the spirit that name means...a name that also includes reference to other DFL Minnesota Senators who contribute to style, Hubert Humphrey, Gene McCarthy and Walter Mondale.
With Coleman finally conceding, and Pawlenty announcing that he will sign the election certificate, all that is left is getting Al to DC, and properly sworn in.
Word is he gets a seat on Health Committee, and the last seat on Judiciary. So, apparently we will see him ask questions at the Sotomayor Hearings!
June 30, 2009 4:35 PM | Reply | Permalink
First of all, kudos to Eric for following this story and providing substantial analysis and understanding. Can we expect a book on the subject?
Second, between the time I started and finished reading the actual opinion, Coleman conceded, so I will spare y'all my analysis and summary of the opinion. I will state though, that although Minnesota citizens were done a substantial disservice by a law that prohibited the issuance of a certificate until after all challenges were completed, the rest of their election laws and judiciary have earned Minnesota a huge amount of respect and admiration. Their laws and implementation are fair, practical and transparent. The trial court and the S.Ct both did a wonderful job of evaluating the evidence and ruling on it based on clear, definable precedent, and presented their rulings in very understandable and fair memoranda.
I will still offer my final analysis of the case, for what it's worth.
1) It seems to me an unavoidable conclusion that Coleman's legal team was woefully unprepared and incompetent. The most basic requirements of trial practice are to know the relevant law, and then prove each element of the law with credible evidence. Coleman's team didn't know the laws, and didn't try to prove anything provable, and didn't support their irrelevant arguments with credible facts. Simply, it appears that Coleman's lawyers didn't know what they were supposed to be doing, and didn't have a credible plan for even doing what they attempted to do. I can't even say there was malicious intent to just delay the process (at least not a well-executed effort)because if that were the case, they could have delayed this MUCH, MUCH longer by actually offering and reviewing real evidence.
2) As bad as his legal team was, Coleman cannot sue them for malpractice, because he would have to prove damages against them, which would require him to prove he actually won the election, and there is nothing to support that claim. To the contrary, both the actual votes counted and the statistical modeling (by Nate Silver, especially)make is quite clear that more people actually voted for Franken.
The only thing Coleman might still argue is that he is entitled to the return of his legal fees, but since he's not footing the bill, I'm not sure he can even do that.
Goodbye and good riddance to this case and Coleman. Oh, and good luck with that pending indictment on illegal contributions.
June 30, 2009 4:36 PM | Reply | Permalink
And you thought the crazies on the right were already over the top. I can hear them foaming at the mouth right now.
June 30, 2009 4:37 PM | Reply | Permalink
This is good, but the idea that we have 60 votes on the Dem side of the aisle is a fantasy. The only issue on which that is the case would be, "Should all Democratic congresspersons be given raises." Other than that, expect nothing but defections. We're practically to the point where we've got a parliamentary set-up with multiple parties making coalitions.
June 30, 2009 4:44 PM | Reply | Permalink
And Franken will hit the ground running; CQ says that the Dems have been saving seats for Sen. Franken on HELP and Judiciary Committees.
http://tinyurl.com/ku9kq5
June 30, 2009 4:44 PM | Reply | Permalink
Anyone have a pool going on the First Republican Senatorial Exploding Head?
Cornyn
Coburn
Chambliss
Sessions
June 30, 2009 4:49 PM | Reply | Permalink
How long before Fox News labels Coleman as a (D)?
June 30, 2009 4:57 PM | Reply | Permalink
As soon as his conviction comes down.
June 30, 2009 5:03 PM | Reply | Permalink
Gee Norm, why the long face?
Oh, that's your normal face?
June 30, 2009 5:03 PM | Reply | Permalink
Finally. I can only wish that the MNSC had affirmed in writing that Rush Limbaugh IS a big fat idiot.
June 30, 2009 5:08 PM | Reply | Permalink
What about Michael Jackson?
June 30, 2009 5:12 PM | Reply | Permalink
Does Bill O'reilly's head explode now? I'd watch The Factor to see that. Lies and the lying liars who tell them BEWARE!
June 30, 2009 5:14 PM | Reply | Permalink
Yay Al! Thank you, Eric, for your outstanding reporting; should get you a George Polk Journalism award at least!
People have been talking about recognition and reward for you. I'm sure Josh will spring for:
- Suite at the Omni
- Dinner at the 1789 Restaurant
- After party at Blues Alley
Well done, Eric and TPM.
Josh, if you want to start a fund-raiser for Eric's Excellent Night Out, I'll kick in the first fifty bucks.
June 30, 2009 5:41 PM | Reply | Permalink
NO EXCUSES DEMOCRATS!
June 30, 2009 5:46 PM | Reply | Permalink
The Coleman team did not do a good job. But even if they had, there was no chance.
It became clear that the Obama campaign push for early votes and absentee votes significantly benefited Franken over Coleman. And more absentee ballots were all that were left to count.
The votes just weren't there for Coleman.
His shot-in-the dark legal strategy was rediculous. But on the other hand, there was no strategy that would have worked.
The facts on the ground just could not be changed.
July 1, 2009 12:10 AM | Reply | Permalink
Thank You!!
July 1, 2009 12:30 AM | Reply | Permalink
I wonder if the good people of Minnesota think the huge expenditure of state money spent during these really difficult economic times ... primarily because Coleman was a sore loser ... was worth it! What a wind bag!
July 2, 2009 1:52 PM | Reply | Permalink