One of the key points of the Franken motion to dismiss Norm Coleman’s contest of Franken’s recount win is that there is no legal or honest way that Coleman can add enough previously-rejected absentee-ballot votes into the vote totals to erase Franken’s lead — and that in fact, out of the thousands of rejected ballots Coleman’s people are trying to lob into the vote count, only a handful can actually make it. Franken attorney Marc Elias has been pointing this out for weeks now, when he discusses Norm Coleman’s Incredible Shrinking Ballot Universe.
Of course, Ben Ginsberg, Team Coleman’s spokesman, heatedly denies this, but guess what? Unlike Elias, Ginsberg’s not an officer of the court – he’s not able to argue Coleman’s case legally in a Minnesota courtroom (and has withdrawn his pro hac vice motion to be allowed to do so), so he stands outside of it and tosses rotten bologna to the press corps, bologna such as his claim that the February 13 decision of the Election Contest Court — the one that drove the stake into the heart of the Coleman case and its hopes for a successful Federal appeal — was somehow creating new law when in fact the judges on the ECC went out of their way to stay within the confines of existing state law. I’m still waiting for somebody in the press pool to ask him the question: "So why is it that Joe Friedberg isn’t saying what you’re saying, Ben? Either in court or out of it?"
Here’s why: Because Joe Friedberg, who unlike Bogus Ben is legally representing Norm Coleman in court, is ethically and legally constrained from lying like a frickin’ rug about the case, either inside or outside the courtroom. In fact, if somebody on Friedberg’s team commits an act of legal hanky-panky — such as was done with their star witness, Pamela Howell — then Friedberg has to toss them under the bus himself, as he did, in order to save his own professional skin.
So again, the upshot is: If it comes out of Elias’ mouth, you can take it to the bank. If it comes out of Bogus Ben Ginsberg’s, you can put it on the compost pile — but only after some serious bioremediation.