There was a time recently when you couldn’t read the local paper or hear the local radio or TV news without hearing somebody speaking for the Coleman campaign claiming that Al Franken and his evil lawyers were just itching to unleash some sort of frivolous action that would slow or stop the recount and turn it into Florida 2000. The irony is that even before November 4, the Coleman team was busy with bogus legal action, like this lawsuit against the Franken campaign that Franken’s people suspected was a ruse to draw attention away from the Nasser Kazeminy scandal. Afterwards, Norm Coleman and his own lawyer "hordes" tried all sorts of tricks, including yet another lawsuit and launching evidence-free attacks against Minnesota’s Secretary of State, Mark Ritchie, to try and stop the recount that was mandated by Minnesota law. Now, Al Franken has indeed brought forth at least one legal action, but always with intent to ensure that all countable ballots are indeed counted. Norm Coleman, on the other hand, has always chosen to try to keep ballots from being counted, be it to exclude absentee ballots that were wrongly rejected initially, or to stop the entire recount itself.
Now we find that, in response to the State Canvassing Board’s recommending that county elections boards review rejected absentee ballots to search for those that were wrongly eliminated from the initial count, the Coleman camp has petitioned the Minnesota Supreme Court to stop this from happening, arguing that since each county will be doing its own counting, standards need to be set forth; the Franken campaign argues in turn that such standards already exist. Since forty-seven counties have finished and reported on these counts, and twenty-seven other of Minnesota’s eighty-seven counties are in the midst of this process, the Coleman camp’s petition, if granted, would add more days (if not weeks) of delay. Even if the state code didn’t already have provisions for this, I suspect that the fact that all but thirteen of the eighty-seven counties are already reviewing the rejected absentee ballots would be enough in itself to cause the state Supreme Court to agree with the Franken team and leave well enough alone.
If you’re wondering why I’m not posting the current "official" recount numbers, it’s because that until the ballot challenges go away and all the ballots that can and should be counted are indeed counted, no tally that currently exists has any meaning.





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Franken!
I cannot wait to see Al Friggin’ Franken take the oath from…
D’oh! – Shooter.
I know all about competive lawsuits. In my will contest (the cliche wherein grown sons of the first marriage sue the second wife who was appointed executrix) my opponents accused me of all sorts of legal bad behavior. The facts were that I was only defending my appointment, while my opponents instated 13 suits against me. My lawyer counted them up.
S.O.P.
PW!
PW: Although I admittedly haven’t had time to look very hard, I haven’t seen anything about how the individual canvassing board members voted on the decisions that came down the other day in Franken’s favor. Were the votes unanimous? Or if split how so? Do you know?
Heads Up! (Or Down!”) It appears the NY Times is finally undertaking its journalistic responsibilities with an expose…seven years late…on the rampant corruption involved in the Iraq Reconstruction efforts. There’s a 514 pp. report floating around that reveals the scope of the corruption to be orders of magnitude beyond previously thought possible. And the fraud wasn’t limited to the Iraqis…it was undertaken by the Administration and US Contractors. Apparently they were inflating the numbers of Iraqi military being “trained” by 20,000 a WEEK…according to Colin Powell, and confirmed by Gen Sanchez and Paul Bremmer. Projects were said to be completed, when they were actually abandoned. All of this was placed in the context of “we have to make it appear there is success or Bush will not be re-elected”.
Looks as if there will be many years worth of prosecutable offenses presented in that document. Maybe it will help cut the deficit if these criminals are prosecuted and they have to return the money they embezzled.
The Reconstruction Fraud
They were unanimous, per the MNIndy stories linked above.
“They were unanimous, per the MNIndy stories linked above.”
Unanimous yes, but there was Judge Cleary’s comment that Pile #5 ballots might be 5-a, 5-b, etc., in otherwords there might be differences among the decision errors from the existing excludability standards. It is a very weak reed on which to hang an appeal to the Minnesota Supreme’s, but there it is.
What Minnesota has is a four part standard for excluding absentee ballots — and then we have a fifth pile that don’t fall within any of these standards, but were excluded nonetheless. For instance, we have the example that was furnished by the Assistant Secretary of State from Duluth — just the city and not St. Louis County. They found 40 ballots that had been excluded because voters and/or witnesses had failed to date their signature on the envelope. Well — then the turn to the relevant statutes, and it turns out there is no rule or standard requiring the dating of a signature, so what we have is 40 ballots excluded on the basis of a non-existant standard. I don’t think Coleman is going to get very far with the argument that such clerical errors not be corrected, given our state overall standard that all legitimate votes be counted. I really don’t believe the Supreme Court will be doing much with this except restating the standards that are already in statute law — and hopefully ordering the counties to follow those statutes.
That, in my opinion is the danger here. There is a need to “order” the counties to all conform with the existing standards, and sort and count the ballots that fall outside it. Otherwise it opens the whole thing up to an appeal in the Federal Court on equal protection grounds — and this thing doesn’t belong in Federal Court, it is a state election and should be dealt with via state laws and institutions. But the State Supreme Court needs to apply equal protection thinking as they process this.
norm coleman may actully be the stupidest fucking guy on the planet, stupider than feith and blagoff even
I don’t know the makeup of the Minnesota Supreme Court, but the chief justice and an associate justice were both part of the panel that voted 5 – 0 on the ruling that coleman is challenging
anybody ever heard of a Judge reversing himself in a situation like this ???
both of the SJCs on the panel are republicans too
so long norm, hope everything works out good between you an the FBI (well, good for the FBI anyway …)
He’s trying to run out the clock.
RE: Franken-Coleman Recount Update, 12/13/08: Who’s Suing Who?
I hate to be a stickler, but…..Who’s Suing Whom? (LOL)