The former Senator Blo-And-Go
This has been a bombshell day to cap off a bombshell week. As noted earlier today, not only is Pamela Howell’s testimony yet again in question, but the whole Coleman-camp double-counting scenario she was supposed to bolster is in danger of being tossed.
Eric Kleefeld, who like me has been following this case via The UpTake (throw them a few ducats if you can), beautifully described what happened next:
Lillehaug said they should not have to go back to the drawing board to figure out how to cross-examine her, and thus her testimony must be struck, and with it the entire double-counting claim for all precincts.
Lead Coleman attorney Joe Friedberg got up to mount a defense — and totally threw Trimble, Hapooja, and fellow lawyer James Langdon under the bus. He said he’d asked them on Wednesday if there were other things going on, and he didn’t know about it: "I can tell you that if I’d have known these things existed, I would have disclosed them."
Ouchie ouchie ouchie. Then again, Friedberg has to do this if he wants to salvage his reputation as a hot-shot attorney — a reputation that has taken a beating with every Coleman camp gaffe and miscue.
The Pioneer Press’ Rachel E. Stassen-Berger has been doing signal work here, the best of the TradMedders, I believe. (She’s also addicted to The UpTake.) Here are her takes on the Howell hoo-ha, and on the sixty-three St. Louis County ballots Norm claimed were illegal, but were in fact legal overseas military ballots.
In other news, a Duluth elections clerk wants $60 an hour, in advance, before agreeing to testify before the ECC. The big question: Who should pay for this — Coleman, as the contestant, or the City of Duluth (which is flat broke)?
And in The UpTake’s liveblog, commenter Tomtech (who is also a diarist at DailyKos) summed up today’s proceedings thus, in successive postings:
4:59
Tomtech: Today saw Mrs Howell back on the stand for a short period(not archived). Franken moved again that Mrs Howell’s testimony be struck after the court received E-mail that showed Mrs Howell and her testimony was deliberately hidden from Franken’s discovery requests. A lawyer working for Coleman and Trimble had communications with Mrs Howell discussing exactly how to keep Franken from discovering what she was going to testify about so she wouldn’t be tied into a definite story.
5:07
Tomtech: The rest of the morning was on motions. Coleman asked the court to evaluate all 280,000 using the Valentine Eve’s standard and proportionately reduce the vote totals by precinct (since that has the greatest effect in large Franken precincts) whenever they find an AB that doesn’t comply with the strict interpretation standards. Marc Elias actually used an argument I have been pushing that all counted ballots were counted because the Party’s (DFL/GOP) agreed they should be counted (election judge agreement).
5:11
Tomtech: Franken’s team stayed out of a motions argument that 8 of the 24 Nauen voters [PW notes: "Nauen voters" are Franken voters whose ballots were initially rejected but which were allowed into the count earlier this month; they are named for their lawyer, Charles Nauen] didn’t apply with the Valentine Eve’s standard. Nauen agreed a three of those didn’t comply but since Coleman agreed they should be counted on Feb 13th (before the ruling) he should be prevented from asking those three, or all eight, should be thrown out.
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WooHoo! Rock ‘n Roll Norm! Freeee Bird!
Thanks PW, digg is open.
Just wondering, when Coleman loses does he pay ALL the legal fees?
I said it on the last thread, but I’m saying it again
this is a fucking crime:
conspiracy to suborn perjury
conspiracy to obstruct justice
conspiracy to violate the Laws of Disclosure
Conspiracy to commit a fraud against the court and the People Of the State of Minnesota
file the charges and TEE THESE FUCKERS UP
let a jury knock these criminal fucks into a State Prision
and the repuglitards in minnesota who want to remain repuglitards can get used to losing elections FOREVER
Yes, indeed! You got that right.
Yupper. And since he’s broke, he needs to stay in the good graces of the Republican Party in order to pay his legal bills — he’s got the Texas suit to worry about as well. They’re the ones pushing this, because they want to keep Franken out of the Senate for as long as they possibly can.
No kidding.
overseas militart ballots? why does norm coleman hate the troops???
scary
Perhaps the Republican Jewish Coalition, which
threw Norm a wingnut welfare lifevest after he was unseated.
Book Salon up at the Mothership with Will Bunch’s Tear Down This Myth hosted by Cliff Schecter
Go freepers!
Also another strategy is that they drag this puppy along thinking that weak old democrats don’t have the staying power and will give up…….
normy needs to resume with the p.o.t., regrow his hair and mellow the f*$&k OUT!
and commence to gettin another job……………..
GAWD aren’t we all sick and tired of this thing dragging on!
seriously! somebody give the boy some acid!
Well, in one way they’re doing us a huge, albeit unintentional, favor…
Up to now the popular touchstone on elections and the courts was the Bush-Gore 2000 debacle. And that fed into a prepared agenda that resulted in HAVA and mandatory e-voting. (Yeah, mandatory… as in the EAC went around telling state officials that HAVA required e-voting… when even that power grab of a bill did no such thing)
And so fear of another such abortion of justice was used to bolster the ‘cons war against paper ballots, hand counts, and the rule of law in elections.
And now?
“What’s the worst thing that could happen with paper ballots?”
“Coleman could happen again!”
“And so? They did their best to disrupt the system… and they failed.”
Over at Bradblog I suggested we send CPAC a thank-you bouquet… :)
PW, I’ve been gone most of the afternoon, so missed this. Thanks for this. And thanks for your excellent coverage and anlysis of the Coleman goulash fling all along the way. Stellar. I imagine Mike McIntee will appreciate your frequent nods to his UpTake. He is doing yeoman duty and then some. Whatever will we Minnesotans do when we have resolution and a second seated senator? This one will cheer loudly, and then say “Amen and amen, and welcome, Senator Franken!”
I hope Senator Franken holds a big, ole party with you & Mike McIntee as guests of honor.
I would think at this point Senator Reid would just say ” We are going to seat Senator Franken on Monday.
We are no longer convinced that this nedds to go on any longer.”
Obviously the only sane thing to do is to keep holding new elections until Norm wins.
I should think the judges’ patience would be coming to an end and that we will be moving on soon to the seating of Franken. Judges are probably waiting until Coleman exhausts all reasonable and appealable/reversible motions, and then they will shut him down.
Not their fees, but he will automatically have to pay their costs if he loses. And they will be prohibitive. Also, under Minnesota law, if an attorney is found to have filed a frivolous pleading, he can be ordered, after notice and hearing, to pay everyone’s attorneys fees. And here’s hoping.
As I count them, Coleman has perhaps four motions the court needs to address shortly, probably tomorrow, and then at least Ginsberg says his side will rest their case in chief.
Then there will be Franken’s motion for Summary Judgment, and should that fail, then Franken’s side has his case, and Elias says it will take perhaps two weeks. Could be more.
Then the judges will have to rule specifically on what to count if anything, and then the counting, and a determination of who has the most votes.
Assuming Franken still does, then it will be appealed to the Minnesota Supreme Court — and that could take 2-3 weeks. There will be briefs and answering briefs and all, and then an hour or so of oral argument. Then the Court will write a formal opinion.
I am convinced once they issue an opinion they can also order the election certificate, and then send the whole trial and recount record to the US Senate, along with Franken and his certificate. Some argue that if Coleman tries to get into Federal Court, that would stay the certification, but I think the Minnesota Supremes can order up the certificate.
I think the formal seating will be after the Easter/Passover holidays when the Senate returns from its recess. Last week of April.
But if the trial court throws out Coleman’s case in summary judgment, and the supremes affirm that decision — could be end of next week!!!
” Who should pay for this — Coleman, as the contestant, or the City of Duluth (which is flat broke)?”
I’m not sure why this comes into question. If the guy is subpoenaed, then he doesn’t have a whole lot of choice in the matter.
Nah, Reid should stay out of it until Coleman has exhausted the last recourse available available under MN election law.
And when Coleman goes on to the Federal courts in an attempt to continue the stall?… that’s when Reid should step in, if he chooses to do so.
Judges do have some leeway in adjudicating any special needs of the person being subpoenaed.
That said… from the limited information available this person sounds a bit too special.
That’s what the St. Paul “Pioneer Press” newspaper recommended. Urgh!
I’m surprised Harris & Bachmann haven’t yet been called as expert witnesses on the NRC’s Rovian strategy to steal this election.
As for Coleman’s post Nov. 5th legal antics, he may get a different kind of six year term when he’s convicted of suborning perjury, obstructing justice, and violating state election laws — in Stillwater.
This would be extreme for Minnesota. It’s not like he’s a former governor of Illinois.