Skip to comments.Why Norm Coleman Will Win (+GOP Activists to Sue)
Posted on 01/17/2009 10:02:03 AM PST by flattorney
Anyone following the recount has no doubt heard the bluster and bravado regularly coming from the Al Franken campaign. However, in recent days, Franken and his Washington legal team have seemed awfully desperate for a campaign that is trying to convince people they are winning. They have now tried to shove Al Franken onto the Senate floor through three separate venues only be to be rebuffed and delayed because their effort clearly violates Minnesota law.
Why, if they claim to have a lead, are they so desperately anxious to put Al Franken in a Senate seat? Simple: They know Norm Coleman is going to win the election contest. And heres why:
Norm Coleman won on election night and he continued to lead throughout the administrative canvassing process that followed. In the next stage the administrative recount Minnesota law restricted what the state Canvassing Board could consider, and in the end the Board certified numbers that are premature, inaccurate and not valid.
Minnesota election law specifically leaves these and other unresolved issues for the contest phase, which is just getting underway and will be tried before a three-judge panel at the end of January(1). During that contest, Al Frankens lead will disappear and Norm Coleman will be declared the winner when the following errors are corrected.
First is the issue of wrongly rejected absentee ballots. In the election some 12,000 absentee ballots were rejected thousands of which were improperly rejected. During the recount, the only improperly rejected absentee ballots that were counted came overwhelmingly from Democrat areas which skewed the results exponentially in Frankens favor. The reality is that inconsistent standards were applied in different locations throughout the state meaning that certain types of ballots that were counted from Franken areas were left uncounted in Coleman areas. When a consistent standard is applied and ballots still uncounted in Coleman areas come in Norm Coleman will gain far greater votes than Franken.
Secondly, and perhaps most alarming, is the fact that at least 150 ballots mostly from precincts in heavily-Democratic Minneapolis were double-counted during the recount. The double-counting of these votes netted Franken over 100 votes. The State Canvassing Board conducting the recount acknowledged this was likely an occurrence as did local election officials in Minneapolis and said this needed to be examined in a contest. Simply put, many precincts have more votes than voters. This clearly violates the Constitutional right of one person, one vote and when this problem is rectified Al Frankens margin will drop even further.
Third, in one Minneapolis precinct, 133 allegedly missing ballots supposedly tallied on election night but which were never found during the recount process were counted, which again inflated Frankens totals by over 40 votes. Rather than following Minnesota precedent and law by tallying only the ballots that were actually counted, the board reverted to election night tapes. However, these ballots may very well have never existed and the contest will provide a forum to ensure Franken doesnt benefit from votes that never actually took place.
Fourth, newly discovered ballots, which appeared for the first time during the recount, were never counted on election night but which were included in the canvassing boards totals. So, rather than sticking with election night totals like they did in the aforementioned Minneapolis precinct, they counted these ballots again greatly benefitting Frankens totals.
The discovery phase for the election contest, which will begin the last week of January and will be heard before a three-judge panel, has reportedly already started. It will likely include the opportunity to put election officials under oath for the first time and will provide the opportunity to actually investigate these errors and get it right.
The reality is Frankens desperate ploy to get himself seated on the basis of Canvassing Board numbers Minnesota law, the Supreme Court, the Canvassing Board and even Frankens campaign acknowledge to be inaccurate indicate Frankens realization that his high water mark has come and gone. Reality is setting in, and the facts will show that Norm Coleman will, in due time, be seated as Minnesota's United States Senator.
Republican Norm Coleman's trial challenging DFLer Al Franken's lead in the U.S. Senate recount will begin Jan. 26, according to an order issued this afternoon by the three-judge panel that will hear the case. The order did not map out when specific issues would be argued, nor did it touch on other details surrounding the rare proceeding, including whether cameras will be permitted. However, it set the time for the hearing on Franken's motion to dismiss Coleman's challenge for Wednesday. If that motion fails, another hearing would be held next Friday on any motions made for summary judgment followed by a pre-trial conference. The case will be tried in a courtroom at the Minnesota Judicial Center, which is across the street from the State Capitol. The order followed an hour-long meeting held this morning behind closed doors with attorneys for the campaigns and the panel. The district court judges on the panel are Elizabeth Hayden, Kurt Marben and Denise Reilly.
Franken and Coleman lawyers have dueled in recent days over how broad Coleman's legal challenge should be and how long it should take. Also today, the Supreme Court ordered that the petitions of 64 voters who claim their absentee ballots were wrongly rejected be settled at the recount trial. The order by Justice Alan Page noted that the three-judge panel is equipped to determine whether the ballots complied with legal requirements and should be counted.
Joining the Coleman team today for the first time was prominent Twin Cities litigator Joe Friedberg, who will take the lead in trying the case for Coleman. Friedberg said it will be "a team effort" that will include recount attorneys Fritz Knaak and Tony Trimble. "It's going to be like a trial, although it's a unique type of proceeding," said Friedberg after the meeting. "There'll be witnesses, there'll be physical evidence, and I think it'll be a pretty orderly proceeding. You're looking at three judges there who all know what they're doing, and they're going to try not only to make it understandable themselves but with the tremendous public interest, they're going to make it understandable to the public."
The Coleman camp is proposing a five-stage trial that would start early next month, while the Franken team has suggested a narrower schedule that would begin Jan. 26 and last 15 days. Franken attorney Marc Elias has said that the trial, by state law, must begin no later than Jan. 26. Documents filed by the campaign had asked the three-judge panel to announce a schedule as soon as today. Friedberg said that Coleman was an old friend who called and asked him to work on the trial. "He's obviously in a very important place in his life ... What am I going to say? Of course I'd do it." Asked how long he's been involved in the legal effort, Friedberg said: "You can look at your watch." The trial schedule is important, he said, because there are multiple issues in the case. "You can't put an opening statement together that really should chronicle what's going to go on in the trial, until you know the order of trial and what issues come before what other issues," Friedberg said.
# # # # #
01.14.09 ST: GOP ACTIVISTS TO SUE OVER ALLEGED DOUBLE-COUNTING IN SENATE RACE
A group of Republican activists announced today that they will file a lawsuit to eliminate alleged double-counting of votes in the U.S. Senate recount, and they invited Democrats and independents to join them in the interest of fairness. Though the group acknowledged that it had few concrete examples of actual double-counting, its attorney said he believes there "could be hundreds" of double-counted votes. At a news conference, the group said it would launch a website in hopes of getting other Minnesotans to join them. "My vote was disenfranchised" because of the double-counting, said Scott Walker, a Republican activist from St. Paul. "I am furious about that." The attorney representing the plaintiffs, Doug Seaton, said the group would try to join a lawsuit filed by Republican Norm Coleman.
Democrat Al Franken was certified last week as the highest vote getter by the state Canvassing Board, leading to Coleman's legal challenge and leaving Minnesota for now with just one U.S. senator. "It's a Minnesota issue," said Michael Brodkorb, a prominent Republican Internet blogger (Owner of "Minnesota Democrats Exposed". Mike is doing an outstanding job - FlA) "I can't change the fact that I'm a partisan Republican. . .this really has nothing to do with partisan politics. It's about preserving the concept of one person, one vote."
The group, like the Coleman campaign, says that some duplicate ballots made to replace ballots that couldn't be fed through tabulating machines weren't properly marked, making it impossible to link the originals and duplicates. In some cases they say both were counted. Recount tallies in some precincts exceeded the number of votes picked up by the machines on Nov. 4. But not all election officials have released the polling place sign-in rosters that are a more accurate measure of the number of voters. It could be impossible to trace original ballots that weren't marked to align with a duplicate, as state law requires. Seaton said it's too soon to say what a possible remedy would be.
I wish I had the authors confidence. Coleman’s chances are a long shot at best in my opinion.
I wonder if anyone who is a liberal actually considers how this is possible.
I don’t think you understand: these are libs. Minnesota is a blue state with a “progressive” court system.
It doesn’t matter what the law says, it only matters what the powers that be think.
I fully agree though - you can’t look at this circus and NOT think that there is something funny going on. But in the end, none of that is going to matter.
I will be stunned if this turns out in Coleman’s favor...
al franken is suffering what obamanation is suffering from: overexposure
And if Coleman is indeed seated, he will be weakened as a Senator, accused of stealing the election, be the target of the Lefts anger (Coleman Derangement Syndrome?) and the electoral process will be further damaged because of the willingness of Democrats to lie, steal, cheat, double count and falsify the electoral process.
We need to demand that the guilty parties in this and other fiascos be brought to justice.
I like Dino Rossi’s recount mantra. For every vote, a voter.
How does the vote tally compare to the number of people who actually signed in to vote? Is the 133 "missing ballots" over and above the number of people given ballots? In all the reports about these "missing ballots", I've never seen any comments about this.
Sure hope so.
All politics aside,
Franken is a detestable human being.
I agree. ACORN and the Dem SecState plus all those Dem registrars will find a way to convince the Court to disallow Norm’s lead. And then they will have Reid to challenge if, if Norm actually gets the win. Reid has vowed not to seat Norm.
What political party are the 3 judges from and unfortunately that will give you the winner
Sadly I must agree. I have no faith in America's Justice System. It has been corrupted by Dims for far too long. Even if Sen Coleman wins this case there is most certainly a federal court chafing at the bit to put Franke boy in the senate.
But let us hope and pray that it does.
What a terrific thing it would be if there could be a legal process that exposes Democrat election fraud so that a cry could go up that in other states there be such procedures and the endemic vote fraud corruption in so many states could under attack in increasingly transparent procedures.
I presume the three judges are probably all liberals, and probably ideologues. I hope I’m wrong.
Bravo Sierra. Coleman will lose because the fix is in.
Wishful thinking. I’m afraid this is a done deal. They are a day late, a dollar short, and many drinks behind in getting organized to fight this. The time has passed...
There is no such animal. Most judges were former defense attorneys who could care less if their clients actually murdered or molested children. They care not for the process, only that their client is let off, and unfortunately, a lib judge will see Frankenstein as a client ergo, he will be the next senator from the formerly great Gopher State.
Just a guess but I suspect what the democrats expected to happen after attempting their steal was that the Coleman campaign would graciously concede Nixon-style and the GOP would encourage him to do that. I seriously doubt they anticipated a fight.
dirty harry also said," The war is lost" and " I'll never seat anyone that blagobitch appoints".
dingy harry has a crocodile's mouth and gnat's nuts.
I believe that Coleman may be tougher than a lot of members of the GOP that we have seen. It is an adversary system and if he shows solid leadership, has good lawyers and can compel the governor to show some backbone he may win.
Judges get appointed for many reasons. Many, for example, are lawyers from good firms who don’t find them that helpful in the practice and so want to place them on the bench to have an ally there.
It would be interesting to get bios on these particular judges.
The Fact of the matter is that the US Senate has no legal standing not to seat a member if said member has been certified by the State's Sec. of State.
This is why Mr. Franken has not been seated. He has yet to be certified by the Minnesota Sec. of State.
When either Mr. Franken or Mr. Coleman receive said certification the "high and mighty, grand pooba Harry Reid will have no legal standing to "not seat" that person.
This is exactly why Senator Burris was denied his seat originally. He had not yet been certified by the Illinois Sec.of State.
When he received said certification he was seated..as the US Senate was legally bound to do.
Reid says lots of things that are not to be believed.
Rats have twice not seated certified winners (NH senate race and Indianna house race). I am not sure why the Minnesota situation is different. The Senate is not guided by state law. Coleman will never be seated. I am not sure if Republicans can stop the seating of Franken if Coleman is certified as the winner.
Good to hear.
"The Senate Democrats made it clear weeks ago that they CANNOT accept an appointment made by a governor who is accused of selling this very Senate seat. I agree with their decision. We say this without prejudice toward Roland Burris's ability, and we respect his years of public service... Under these circumstances, anyone appointed by Gov. Blagojevich cannot be an effective representative of the people of Illinois and, as we have said, will NOT be seated by the Democratic Caucus."
That having been said, what gives me a wee bit of optimism is that the courts and Senate haven't already ordered Franken seated.
Maybe there's more to this than is being made public.
What’s really sad is that there was ever any need for a re-count. Franken is a buffoon, and too many MN voters didn’t seem to think that.
No data regarding Dingy, but based upon my college biology courses, you are either seriously insulting gnats everywhere, or grossly overestimating Dingy.
In the Supreme Court's Order concerning how to review the rejected absentee ballots, the Court ordered reps from both parties to review all of the ballots, and to agree upon which ones were improperly rejected. Those ballots would then be opened and counted. The Court admonished both sides to put politics aside and do it right, reminding them of Rule 11 of the Rules of Civil Procedures (which provides for sanctions against attorneys) if they don't. Coleman's team played fair, but Franken's didn't in refusing to allow obvious errors to be corrected in Republican counties. This is the Supreme Court's fault, as there is no basis in state law for this action.
As Carey correctly points out in his column, Minnesota law leaves these types of issues to election contests, which allows for an open process and court supervision. That is why I have long railed against the cries that this election has been stolen. Let the Court process play itself out, first. Aside from Franken's manuevering with the rejected absentee ballots, there hasn't been evidence of partisan interference in this recount process.
And we all know how well that turned out. sarc/
The initial judge in Washington where the contested election was challenged, was appointed by a Republican, who then recused himself over a minor technicality which a dimwit judge would NEVER do. The court case was then heard by a supposedly "fair" judge (dimwit nevertheless) who decided that the thousands of add'l votes in King County & other dimwit precincts all were allowed to stand.
The dimwit judge listened....took careful notes....appeared judicious....and promptly ruled in favor of Fraudoire. Case closed.
It will be a miracle if liberal MN judges allow the contested ballots & issues to be ruled in favor of Coleman and overtake Franken's corrupted stolen election. I am from MN and I don't see this happening at all. Kudos for Coleman however. It is refreshing to see just for a change, a Repub that puts up a fight and stays with it. We shall see for how long.
In 1968, in a nearly unanimous opinion by Chief Justice Earl Warren for eight members of the Court, the Supreme Court held that "the Constitution leaves the House without authority to exclude any person, duly elected by his constituents, who meets all the requirements for membership expressly prescribed in the Constitution." Those qualification are expressly enumerated within the body of the Constitution and relate only to eligibility requirements such as age and residence.
In answer to your second question as to whether Republicans could stop Franken from being seated if he was certified the answer, according to the Constitution and the USSC, is an unequivocal NO!! This also applies to Coleman should he win his suit and become certified by the Minn Sec of State.