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 we’ve said, we want to get to a final result in this election as quickly as we can, but speed isn’t 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 Franken’s latest attempt to short-circuit Minnesota law in an effort to seat himself in the U.S. Senate in a seat he didn’t win. Al Franken claims that the judicial system in Minnesota doesn’t 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 Reid’s U.S. Senate.
Al Franken’s 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 won’t allow Al Franken’s 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