Posted on 01/21/2009 2:54:22 PM PST by flattorney
The three-judge panel assigned to oversee the upcoming recount trial between Norm Coleman and Al Franken heard arguments this afternoon on Franken's motion to dismiss the case. After lawyers for Republican Coleman and DFLer Franken made their cases, the judges said they would take the case under advisement. They gave no sign of when a decision would come. The trial is scheduled to begin Monday. Franken attorney David Burman argued today that both state law and the Constitutions of Minnesota and the United States limit what state courts may do in reviewing the recount, and that remaining issues should be left up to the U.S. Senate as the body having final say on who may sit there. Coleman attorney James Langdon, on the other hand, said the "election contest" -- the name given for Coleman's lawsuit -- is designed by state law to settle voting irregularities that went beyond the purview of the Canvassing Board. Coleman's lawyers want the three-judge panel to consider ballot disputes in several categories, including alleged double-voting, ballots that couldn't be found during the recount and other ballots that were found later. The biggest batch of disputed votes, according to Coleman, is from 4,500 to 5,000 rejected absentee ballots that his campaign says resemble 933 absentee ballots that were found to have been wrongly tossed out. Those ballots were ultimately counted, and the largest share of those votes were found to have been cast for Franken.
(Excerpt) Read more at startribune.com ...
01.21.09: MINNESOTA SECRETARY OF STATE MEETING WITH ELECTION WORKERS AROUND THE STATE - - Now, its time to say thanks, and take suggestions. In the wake of county auditors and election workers across Minnesota spending hours, days and weeks recounting ballots of both the regular and absentee variety as part of the disputed U.S. Senate race between Norm Coleman and Al Franken, Minnesota Secretary of State Mark Ritchie is making the rounds to say thanks in person, and take input on ways similar situations could be handled in future elections. Hes also discussing potential statutory changes designed to better handle future disputed election outcomes. Ritchie was at the Polk County Government Center this afternoon from 1 to 2 p.m. to do just that, at a gathering attended by Polk County Auditor/Treasurer Jerry Amiot, and election officials from the county, townships and the City of Crookston.
01.21.09: JUDGES IN MINN. U.S. SENATE TRIAL OK ELECTRONIC COVERAGE - - The three-judge panel in Minnesota's U.S. Senate election dispute will allow electronic media coverage of the trial. The judges are hearing the first arguments Wednesday when lawyers for Democrat Al Franken seek dismissal of the election challenge filed by Republican Norm Coleman. The judges are allowing one TV camera, one still photographer and one audio recorder into the proceedings in the Supreme Court chambers, and those outlets are being asked to share their material with colleagues. A Supreme Court spokesman says there will be similar arrangements going forward. If Franken's motion to dismiss fails, the trial is to begin next Monday. A group of Minnesota media outlets and professional organizations had sought permission to record, photograph and broadcast the proceedings.
01.20.09: Coleman Campaign Subpoenas State Elections Official (+ Other Latest News)
01.19.09: Coleman Campaign To Ask That All 12,000 Rejected Absentee Ballots Be Reviewed
01.17.09: Why Norm Coleman Will Win (+ GOP Activists to Sue)
01.13.09: Coleman camp: Franken at (MN) Supreme Court like bank robber asking for receipt
01.12.09: Video: The O'Reilly Factor: Hollywood-Soros-Franken, + Can Coleman Still Win?
01.09.09: Why George Soros wants Norm Coleman out of the Senate (The Dirt, A Must Read)
01.09.09: GOP Former MN SOS(99-07) Mary Kiffmeyer slams Coleman-Franken U.S. Senate Recount
01.09.09: Send in the Clown (Al SorosBoy Franken)
01.08.09: The Stealing the (MN U.S. Senate) Election Project + Latest Coleman News & FlAttorney's Comments
TAB
KSTP TV Interview Coleman: "I Will Be Ahead
Tom Hauser
KSTP-TV
January 20, 2009
.
In a one-on-one interview with 5 EYEWITNESS NEWS, Norm Coleman said hes convinced the case is far from over.
While Franken attended President Barack Obama's inauguration in Washington D.C., his attorneys were busy in Minnesota preparing for the first hearing in the Senate recount.
"I certainly wish that I was ahead in votes rather than behind right now, but I believe in the end we'll be where we were on Election Night. That I will be ahead," Coleman told 5 EYEWITNESS NEWS.
Two key elements of his legal case include the possible double counting of some ballots and the non-counting of thousands of rejected absentee ballots.
"Nobody's vote should be counted twice and every vote that should be counted hopefully will get a chance to be counted in this process. I think all Minnesotans will be served by that. You can't hold office if people think that somebody else's vote was double-counted or your vote wasn't considered," Coleman explained.
Click Here To Watch Interview
To: Interested GOP Parties and Norm Coleman Supporter
From: Mark Drake, Republican Party of Minnesota Communications Director
Date: Wednesday, January 21, 2009
Re: Election Contest Update
January 21, 2009 3:52 pm
Today begins the first hearing in this new phase of the post-election activity here in Minnesota, and accordingly, we wanted to provide you with a brief snapshot of what you can expect to see and hear in this Contest phase. First, we are pleased that this new step of the process is now getting underway. The trial itself is scheduled to begin Monday. As weve said, we want to get to a final result in this election as quickly as we can, but speed isnt the goal here, fairness is. We will help move things along as expeditiously as we can as long as this is a fair process that finally allows every valid vote to be counted.
At 2:30pm central today, the 3-judge panel will hear arguments in Al Frankens latest attempt to short-circuit Minnesota law in an effort to seat himself in the U.S. Senate in a seat he didnt win. Al Franken claims that the judicial system in Minnesota doesnt have the power or authority to hear this election contest, despite the clear provisions of Minnesota law. Instead, he claims that the three-judge court should simply act as a human abacus and do what the canvassing board already did in re-certifying these flawed, inaccurate and invalid numbers from the canvassing board, and kick this matter to the floor of Democrat Senate Majority Leader Harry Reids U.S. Senate.
Al Frankens fundamentally flawed argument steps all over Minnesota state law, and blatantly ignores the will of the people of Minnesota and their Constitutional rights to choose their own elected officials. Our case, supported by Minnesota statutes, Minnesota case law and decisions of the U.S. Supreme Court, needs to be heard in a court of law, which both the Minnesota Supreme Court and state canvassing board declared was the proper authority and jurisdiction for such a matter, and that the trial should move forward next week as it is set to do. This is an important part of the process to ensure that every valid vote is counted, and that no vote is counted twice.
We expect this hearing to last about an hour, and given the extensive schedule laid out by the 3-judge panel for the trial slated to start next week, we strongly believe this panel will agree with the statements of the Governor, Secretary of State and Minnesota Supreme Court and wont allow Al Frankens umpteenth attempt to take what is not rightfully his out of the hands of the people of Minnesota.
In this new phase of the post-election proceedings, you will see the trial attorneys on our legal team conducting the majority of the business before the court. Today, the 3-judge panel will hear from Coleman attorneys Jim Langdon and Joe Friedberg. After the hearing today, Ben Ginsberg, Fritz Knaak and Tony Trimble will be making brief comments and be available to answer questions. As the lawyers on our legal team trying this case concentrate on their work in the courtroom, Ben Ginsberg will serve as our legal spokesperson to help answer all your questions and explain the legal proceedings as this case moves forward.
THREE JUDGE PANEL HEARS MOTION IN COLEMAN-FRANKEN DISPUTE
Minnesota Public Radio by Elizabeth Stawicki
January 21, 2009
St. Paul, Minn. A three judge panel heard arguments this afternoon on Democrat Al Franken’s move to dismiss Republican Norm Coleman’s Senate election contest. It was the first time the panel held a public session and at times it seemed to offer a preview of the arguments that are likely to come up during the trial. The Franken campaign brought the motion to dismiss, because it says Coleman is asking the court to go beyond its authority.
Franken attorney David Berman of Seattle told the panel that Minnesota law is clear - the only issue the panel may decide is which party received the highest number of votes legally cast in the election. He said the court should not delve into a fishing expedition led by the Coleman campaign. “No matter how much contestant wants to be senator, the interests of finality in a fair and complete recount and the necessity for this court to abide by its statutorily and constitutional boundaries simply leave the court with no discretion,” said Berman. “[Coleman] can’t be allowed to drag this proceeding on in the hopes that it will turn up something.”
Coleman’s attorney James Langdon disagreed. He said while speed is important, seating the person who received the most votes is even more important. Langdon said it is true that the panel will decide who received the most valid votes, but in order to do that it needs to review rejected absentee ballots, the possible double-counting of ballots, missing ballots and found ballots and rejected absentee ballots.
Hennepin County Judge Denise Reilly asked Langdon about rumors that Coleman attorneys were submitting boxes of additional briefs. Langdon said yes. “We’re not talking about 654 votes but 11,000. That, unfortunately, is why those briefs are coming in boxes, your honors,” he said. “There are a lot of copies of rejected absentee ballot envelopes. Unfortunately, in this state the rejection rate was four times higher than it has ever been before.”
It’s unclear when the panel may rule on Franken’s move to dismiss the case. The case is scheduled to go to trial next Monday morning.
TAB
“remaining issues should be left up to the U.S. Senate as the body having final say on who may sit there”
Wrong. The voters decide, and the election is being stolen from them.
What are the party affiliations of the members of the three-judge panel?
that may say it all........
MORE ON HARRY REIDs COMMENTS TODAY >> At about the same time Wednesday that Coleman was striking an optimistic tone about winning the election, Harry Reid was chiding the Republican senator for not conceding the race to Franken. There is no way that Coleman can win this, Reid said. The numbers just aren’t there. He should concede. There (are) a lot of people who did the same thing and it’s better for them. Polls in Minnesota show that about half the people are upset at Franken, I’m sorry, I mean upset at Coleman asking for this additional work. A Reid spokesman said that at some point he may attempt to seat Franken, but cautioned that no decision has been made yet. Coleman predicted that Reid would not dare to seat Franken until legal proceedings are resolved, because he has not been presented with a signed election certificate by state officials. For weeks, Reid would not acknowledge Roland Burris as the junior senator from Illinois because his certificate lacked the secretary of states signature. I am quite confident that the United States Senate will not seat someone without a signed election certificate, he said. And I believe that will be handled in a bipartisan way.
TAB
The 3 judge panel consists of 1 Democrat, 1 Republican(she's an excellent choice), and 1 Independent that were appointed by a strong Republican MN Supreme Court Justice. ~ TAB
Senate Democrats move toward seating Franken
Wednesday, January 21, 2009
(01-21) 16:33 PST WASHINGTON, (AP) —It’s no joke: Senate Democrats are moving toward letting comedian Al Franken join the chamber while Republican Norm Coleman’s election lawsuit is pending.
“We’re going to try to seat Al Franken,” Senate Majority Leader Harry Reid, D-Nev., told reporters on Wednesday, a few hours before he posed with Franken for photos just off the Senate floor...
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/01/21/national/w151853S57.DTL&tsp=1
Correction: The appointing MN Supreme Court Justice appears to be pro GOP-Coleman in this matter. ~ TAB
Per the ultra liberal and gay San Francisco Chronicle and the Soros Shadow Party AP. Hope Reid tries to seat Franken. The GOP needs another major beat-down win. RSCC Chairman John Cornyn(R-TX) and others circled the wagons weeks ago. Plus, judges do not like these type of Reid-Franken antics. ~ TAB
although you shouldn’t have to worry about the political affiliation, that’s the way it is now. too few judges will rule on the law and by the Constitution.
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