Earlier today I mentioned that Al Franken’s legal team filed a motion to expedite. This morning, I found out from the live blog at The UpTake that Norm Coleman’s people have filed a motion to slow everything down:
Coleman’s attorney’s are proposing the MN Supreme Court set a schedule that puts oral arguments 11 days later than what Franken’s attorneys have proposed.
Document here: http://www.mncourts.gov/?page=3409 Under Coleman’s plan oral arguments could not start until after May 15th
It’s interesting to compare Coleman’s Whoa Nellie filing with the Franken motion to expedite. As mentioned earlier, the Franken motion has two pages worth of relevant case-law cites as well as cites of previous Minnesota Supreme Court rulings in the Franken-Coleman recount. The meat of the Coleman Whoa Nellie filing, on the other hand, is this:
Appellants agree this is a time-sensitive case that should be resolved as expeditiously as possible. Appellants respectfully submit, however, that the parties, and the Court, must be given enough time to fully develop and consider the issues on appeal. Accordingly, Appellants request a slight modification to the briefing schedule proposed by Respondent as follows:
1. Opening brief of Appellants – April 30, 2009
2. Opposition brief of Respondent – May 11, 2009; and
3. Reply brief – May 15, 2009.
The Court may then schedule oral argument at a time convenient to it.
This may not seem like such an unreasonable request. But consider how little time Franken’s people needed to put forth what the Election Contest Court unanimously ruled was a winning argument. They rested after only seven days — whereas Norm’s people had spent the previous six weeks trying and failing to prove their case. The issues have been as fully developed and considered as they ever will be — especially since the Minnesota Supreme Court has already been called upon to settle some legal questions pertaining to the recount, and so is already familiar with the arguments Team Coleman will be using. In fact, as puppethead suggests, the Court could dispense with oral arguments entirely and just go off the ECC contest records, but they probably won’t as they don’t want to give Norm any pretext to run screaming to Strip-Search Sammy Alito for a stay.




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Seems to me that what Coleman’s really angling for is a second bite at the apple, attempting to substantially re-argue the case they just presented to the ECC. Anything to delay Franken. Although at this point who wants that more, the national GOP or Coleman? Norm just seems like a pathetic, broken figure at this point.
I love the updates pw, they give me something to look forward to
Don’t you need an actual reason to appeal? Other than you don’t like the outcome? I mean, don’t ya need some sort of argument that the decision of the lower court was flawed in some way or based on inaccurate information or something?
Thanks for the update PW.
Any speculation on how much this absurd drama is costing both parties?
Oh, and thanks PW for all your due diligence. Your updates never fail to lift my spirits.
Any word on the appeal bond issue? I saw some speculation that Franken’s team would likely request Coleman’s team be required to put up some surety for the payments they already owe Franken, and will liokely owe for both the ECC and MNSC…
And many thanks from me, too, PW. You have made the waiting almost bearable despite Team Coleman’s best efforts otherwise.
Notice how fair-minded the Coleman team is, as well, taking 11 days to present their initial argument (7 w/out weekends) with the Franken team generously being allowed 4 days to rebut. Then they get a reply…w/out any Franken rebuttal?
On that set of requests alone the Coleman team should have their time pared to that the Franken team was allowed, and given the same amount of time that they allowed the Franken team to “prepare” their response to begin their opening brief.
So I’m thinking “start Monday (April 27th)…end Thursday. Franken rebuttal “start Monday (May 4th) end Thursday (if necessary)… one day Coleman prep day…respond next day (i.e. if Franken team ends Wednesday…then Coleman completes Friday). Franken team has option of immediate rebuttal/response or one day recess.
I work in St. Paul, and had a lovely lunch with a colleague ruined by having NC at the table next to mine. It was all we could do to not throw our food at him.
We resisted, but then the restaurant wouldn’t bring me the cream pie I asked for either.
OMFG. My city just hired Fritz Knaak as their city attorney (as a consultant).
Could have been worse — it could have been Tony Trimble. Woodbury’s addicted to Republicans. (Who was the guy — I want to say he was the mayor — who was busted for child molesting or some such about twenty years ago?)
Not that I know of. But that might be on hold pending the outcome of the appeal.
It’s Afton, actually. Woodbury Bulletin is just the local paper that covers Afton the most. And Afton had a huge number of Franken and Obama (and Tinklenberg!) signs during the election, so I’m pretty sure we went that way. Which is a reason having Bachmann as my rep hurts so much.
I wish they would do in Minnesota what they did in the 2004 gubernatorial election in the state of Washington. Certify the election as it now stands, seat Franken and let Coleman take his own sweet time in appealing this to SCOM and SCOTUS. The MN court could take its time, too.
Michele Bachmann: Because somebody needed to take Katherine Harris’ place as Queen of the Congressional Wackaloons. (A position formerly held by the late Helen Chenoweth.)