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Franken got to call his last witness yesterday, and tie up a few loose ends. Coleman got to squirm as a growing number of news outlets and computer experts called into question his claims of outside hacking and his campaign’s data-handling practices as the news of his storing unsecured credit-card data from his donors became known. (Ironically, if Coleman’s people had still followed their old policy with regard to credit-card data, there wouldn’t have been any problems.)
Closing arguments are happening today, and next week will be the reviewing, opening and possibly counting of the rejected absentee ballots that both sides have reintroduced into the recount — which, if it proceeds in a timely fashion, will result in the Election Contest Court’s making a ruling by this time next week, after which Norm will probably appeal said ruling to the Minnesota Supreme Court.
But the whole question of Norm’s abuse of credit-card info is poised to distort — and possibly greatly shorten — this timetable. Hamline University law professor David Schultz informed TPM’s Eric Kleefeld that, since under state law the losing party of an election contest pays all court costs, Franken’s team can demand that Coleman’s people show them the money upfront — that is, they can demand that Coleman’s team put in escrow cash equal to the amount for which they’re going to be liable. If Coleman doesn’t have the cash — and it’s very likely that he doesn’t — then the appeal can’t go forward, and Al Franken gets his election certificate signed the moment the Election Contest Court rules in his favor, which could happen as soon as the end of next week. (Of course, then the wingnut chorus of "we wuz robbed!" gets even louder, but that’s the breaks, kids.) When asked if Franken’s team was considering this option, Franken attorney Marc Elias said that while he hadn’t really spent any time looking at it, now that the trial is nearly done he will be taking a look at that option. (By the way, you can still donate to Norm, but not through the website and not with a credit card.)
Meanwhile, if anyone was wondering when the first complaint to the state Attorney General over Norm’s asshattery was going to be filed, wonder no more: Web developer Tony Webster has done so (the full PDF is here), and notified Visa, Master Card, American Express and Discover, as well as the Secret Service and various media outlets, explaining in detail just what happened and why it is so egregious.
And just for fun, Chris of HowIsThatAssuranceEvidence? points out that Norm, back in 2007, had sponsored legislation that would have made it a breach of Federal law to do what he’s done. Luckily for him, the bill never became law.
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For this non-lawyer…is a complaint the first step to filing charges?
Thanks, PW.
It’s probably civil liability rather than criminal, PV. Filing a complaint with the State AG opens an investigation. The statute cited by Webster refers to liability for the costs associated with closing the compromised accounts and opening new accounts. That’s a civil penalty, not a criminal one.
I don’t know about Minnesota, but here in New Mexico the AG’s investigation results are discoverable in a civil suit. But I doubt that anyone is going to bother filing a civil suit over the matter. Normie’s campaign is on the hook for it, not him personally. And his campaign is effectively bankrupt at this point. They’re on the hook for the costs of the Election Challenge Court, and absent the RNC confirming what everyone knows by backing the appeal they don’t likely have pockets deep enough to make it worthwhile.
The joker in that deck is exactly where the responsibility lies. If the whole server operation was managed by their contractor and if a substantial share the liability lies in the contractor’s office we could kill off a nasty little R dirty-tricks entity.
Of course, the problem with that is that corporations seem to be like hydras: kill one and two sprout in its place. And usually with the same actors.
Thanks, BC
Don’t worry about the state courts. The credit card companies have already cut Coleman off and they’ll be looking to recover their costs, which I’d estimate at $1-5 Million, assuming that none of the cards are actually used fraudlently. That agreement is pretty firm on the procedures for handling card numbers and Coleman broke some of the biggest. The credit card companies are NOT Fuzzy Bunnies.
Boxturtle (And their lawyers are worse)
coleman knows he can’t win and this entire exercise has been about obstructing the democratic majority.
whoever is having coleman go through this is likely to post or contribute the amount needed in escrow
Probably true…but they’ll have to come out into the sunlight when they do. I’m betting the RNC won’t want to be that public about it, especially when the most they can buy is another couple of weeks.
Boxturtle (The knowledge that they’re going to lose that money has to be factoring in as well)
You think so? So far, the RNC and its minions are hiding behind the Coleman campaign organization’s skirts. That has some benefits: they can quasi-plausibly claim that all they want is a fair count of the votes. That skirt is getting awfully threadbare, though, and the ECC decision for Franken will turn into Normie Coleman’s New Clothes.
Posting the bond necessary for an appeal makes it clear even to the MSM that what it’s all about is keeping Franken out of the Senate. While the base probably consider that a good thing, it is likely to play as just more R corruption to the swing voters.
Of course, the RNC seems to be more concerned with the base than with winning elections right now, so maybe you’re right.
Yup.
I don’t think there’s anything but the smallest of pretenses.
the only purpose of this excursion is keeping franken out as long as possible
the pretense otherwise is a joke, I think they can easily cover their tracks by taking their ludicrous pretense to the next step;
“Coleman is being railroaded and needs out help getting justice”
unless they are all dried up that financially, (which is actually likely) that’s where I see this going
thanks, Phoenix Woman, for your continued detailed info! I sure can’t get this from the MSM, makes my head hurt and my blood pressure rise when i try to sort it out via dead tree. {{{ PW! }}} You’re performing a valuable public service for us.
I just found this post from your updated work from yesterday. Again, I love the inside details about it all!
Not that I would accuse Coleman of doing anything nefarious or anything, but I just have to wonder if he was keeping all of the information in case he needed to lay his hands on some cash in a hurry. For instance, if you have credit card information for 4700 donors and charge another $25 to each of their credit cards, that is another $117,000 in a flash. The individual amounts would be small enough that most donors would not pay much attention. If anyone complained, he could simply apologize and arrange for a credit — or lay on a lot of guilt, as in, “I still need your help to defeat Franken!!”
I have become so cynical and jaded, I guess, that I am suspicious of just about anything that politicians do… There are no coincidences!
Phoenix Woman, you have done a great job of keeping on top of this.
Thanks! I’m standing on the shoulders of giants, namely the fine folks at The UpTake. (By the way, if you could throw them some coin, they’d really appreciate it!)
Thanks for your continued excellent coverage, PW. It’s great you’ve kept us current on this.
But I’d like it to be over now, as I am sure you would too!
What ever happened to that clothing? scandal some businessman was buying Norm clothes?
“
The party of big business can’t front Norm so dough just how bad is the economy? George your party needs you right a check ya cheap B@#$%!
yo, Norm – it’s closing time:
Yupper.
(POOF!) There goes Norm’s post-Senate career as a web-designer. Maybe he can get a job pumping bug spray for Tom Delay.
Any prosecution ?
coleman knows he can’t win and this entire exercise has been about obstructing the democratic majority.
It’s the republican way.
not-so-lantern-jawed Norm is auditioning as spokesman for this product.
OK, can I ask a not so nice question?
Why are Franken’s approval ratings low, like coleman’s?
If he is really desperate for cash he could do a debate tour with that English Parliament guy who cleaned his clock on that Senate hearing.
I would pay to see that:)
Good question
It might have something to do with the 24/7 “news” from NewsMax about how Franken is a liberal hollywood elite who STOLE this election using fraudulent methods.
Or, there’s always that jew thing.
(please, that was snark. do not go off on me for that, thanks)
In case you missed it PW, from the Hill:
I wonder how much money from the stim bill will go to coleman’s legal battle? /s
Of course, they are both Jewish. The best line of the campaign came from Franken, …something about “in a race between two New York Jews, at least I will be the one that actually grew up in Minnesota.”
This will go to the Minn. Supreme Court and eventually the SCOTUS. Franken will not be seated in the Senate for at least another 12-18 months. The Republicans will never concede and will spend a fortune to insure Franken is not in the Senate. Despite what is being reported Coleman has unlimited money.
Miss Mitchell is blowing smoke. This isn’t going to the Federal courts. But he’s going to say it will because he thinks it’s the tough and manly thing to say.
Nah. The judges have gone out of their way to deny Norm any sort of means to get this into Federal court. Unlike in Florida, where there was no recount law in place, Minnesota’s recount law (Andersen v. Rolvaag) is settled and tested all the way up to the US Supreme Court — in fact, it was cited as the lead precedent in Bush v. Gore. The judges involved in this case have stuck to the framework of Andersen v. Rolvaag, which means that there’s nothing for Coleman to use to get this into Federal court.