Minnesota Court: Al Franken won
By John Amato Tuesday Apr 14, 2009 4:30amThe question now is when will Gov. Pawlenty issue the certification?
Al Franken really did win the election for U.S. Senate in Minnesota last November. That’s the decision of the three judges who heard former Sen. Norm Coleman’s lawsuit challenging Franken’s recount victory.
“Franken is entitled to receive the certificate of election,” states the order signed by Judges Denise Reilly, Elizabeth Hayden and Kurt Marben.
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The overwhelming weight of the evidence indicates that the November 4, 2008 election was conducted fairly, impartially, and accurately. … After seven weeks of trial, the factual record is devoid of any allegations of fraud, tampering, or security breaches on Election Day, during the recount process, or during the election contest.
We know Gov. Pawlenty will wait until the State Supreme Court rules because he has said as much, and I agree with Howie, let's start a recall of The Minny G.
Coleman and the GOP want to protract this as long as they can, just to make it more difficult for Obama to overcome GOP de facto filibusters on his entire agenda. He has already announced he will appeal to the state Supreme Court. Governor Tim Pawlenty has vowed to allow Minnesota to go without a second senator for as long as the Republican Party is willing to finance challenges and lawsuits. It's clear that Minnesota voters should start a recall of Pawlenty.
Al Franken should be sworn in and it's time for the Blockenator to move the process along. Nate Silver has a long analysis on Coleman's chances. It's just another bad day for Bill O'Reilly.
The Scar says: Scarborough to Coleman: "Norm ... [y]ou lost ... It's over Norm, OK? It's over."
JOE SCARBOROUGH: OK, I don’t mean to keep interrupting your news, but when are the Republicans going to give up the ghost on this?
BRZEZINSKI: Yeah.
SCARBOROUGH: Seriously. Norm, I like you. You lost, OK?
DNC Chairman Tim Kaine, but he released the Following Statement via presser:
Despite losing ground in the vote count, and credibility after increasingly questionable and inconsistent legal challenges, Coleman and his attorneys have vowed to appeal the decision to the Minnesota State Supreme Court and if unsuccessful there possibly the U.S. Supreme Court. Leading Republicans in Washington, including Senate Minority Leader Mitch McConnell and Senate Republican Campaign Chairman John Cornyn, are supporting Coleman’s appeals as a way to obstruct Franken from being seated to a Senate seat he has rightfully won to prevent Democrats from claiming their 59th seat in the 100 member body.
“Enough is enough,” said Kaine. “It is time for Norm Coleman to concede and for Al Franken to be sworn in as the next U.S. Senator from Minnesota. The voters of Minnesota months ago elected Al Franken to the Senate – and during every step in the legal process that judgment has been confirmed. Norm Coleman’s own legal challenge resulted in more votes for Al Franken and now a three judge panel has ruled Al Franken the winner.
Former Senator Coleman’s insistence on continuing his quixotic quest for this seat at best shows that he is putting his own political ambition ahead of the people and worst that he is complicit in an effort by national Republicans to deny Al Franken this seat for as long as possible so there is one less Democratic vote for President Obama’s agenda for change. “The people of Minnesota deserve two Senators and the people of America deserve 100 in the U.S. Senate. More importantly, the voters who cast ballots on Election Day deserve to have their verdict stand. Senator Coleman may have a right to continue his legal challenges no matter how hopeless they are, but the right thing to do here is to concede defeat and allow this saga to end once and for all.” Kaine went on to say that regardless of whether or not Coleman concedes, the state should issue an election certificate based on tonight’s ruling so Franken can be sworn in immediately.
(corrected version)
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Isn't that like the 3rd time?
The case hasn't even gone in front of the MN Supreme Court yet
No, I mean Franken keeps winning vote count after vote count and decision after decision yet the anti-Democratic Rushthugliklans keep blocking his rightful seat.
MN statute is stopping Franken from being seated. It states that only when all challenges have been ceased, then a senator shall be seated.
I'm no republican, and I'm no democrat either. I vote for those that I think will do the best job, and work on behalf of their constituencies. Which, as Brewster would put it, are "none of the above".
With that said, if Coleman would have won the recount, you all would be working just as hard to see the process through. I'm actually thanking Coleman for seeing this through, and showing us how MN Recount Law is not efficient. I hope the MN legislature has the gumption to make the necessary updates to prevent this sort of drawn out, frivolous affair in the future.
"I'm no republican, and I'm no democrat either. I vote for those that I think will do the best job, and work on behalf of their constituencies"
So you're a Democrat.
I prefer to be considered a progressive, which doesn't classify me as a democrat.
You may want to get a job with the media, because you are good at misquoting. Did you purposely leave out the remainder: "...Which, as Brewster would put it, are "none of the above"."
I call them republicrats. They all seek to pursue politics of furthering their careers and coffers. Without proper representation, none of us who cannot afford lobbyists are heard.
I like Jesse Ventura's reference to republicrats as the two-party dictatorship. I view our legislative bodies needing a diversity of representation. There should be a large number of parties represented. How can a country such as the US be represented, and identified, as either republican or democrat. It's foolishness to me.
But I think 6 7/8s was making a joke.
Efficiency is not an end in itself, and certainly not promised in the Constitution. Nor should it be.
The Minnesota process has proven to be accurate and transparent, and was clearly well-thought-out (it was created after a similarly close statewide race many years ago). While I agree with you both that sides were in their rights to let it play out, it's clear that at every juncture, Coleman's own protest has made his own margin of defeat larger.
The Washington Republican apparatus continues to fund the effort, for no other purpose than to keep another Democratic vote out of the Senate, though it hardly matters. Are they so certain that, in the current environment, it is that much harder to flip two Republicans to break a filibuster and gain a cloture vote than just one? They must be. But in reality, I think they are overstating Franken's importance. Indeed they are probably elevating his importance to a level it didn't deserve. For the next five and two-thirds years, he won't be just another back bencher, will he?
And what of the GOP's future in Minnesota politics, now? Do Republicans really believe this fight that even has GOP partisans saying "it's over" will have no negative consequences? I think a very valid argument can be made that the party will pay a price in future elections.
And what of Gov. Tim Pawlenty? What is the shelf-life of his "moderate" street cred if the Coleman camp continues to extend the game into extra innings? His national ambitions are apparent, but his future in elected politics won't be well served if he's shown to be complicit in a quixotic adventure in support of a perceived sore loser. I doubt a cushy private consulting gig in the GOP apparatus would be solace enough for someone who nourished ambitions of one day being called President Pawlenty. If he has any self-preservation instinct at all, he's got to be concerned about being tarred with the sore-loser's brush.
This is almost over. I see no reason for the Minnesota Legislature to do anything but some fine-tuning, if that.
I think there needs to be some fine-tuning. Jurisdiction needs to be clearly defined, and a consistent process for the handling of absentee ballots. These amendments to the current statutes will save alot of time in the future.
I enjoyed reading your post. Thanks.
I LOVE Rushthuglicans! I'm going to use it all the time now and pretend i made it up!
Thanks!
The Minnisota Supreme court had this set up to check out the election, it was done at their behest, and Colemunkey has lost.
organized by the supreme court. They weren't making a decision on behalf of the supreme court. The MN Supreme Court is the next step in the process. Therefore, the headline: "Minnesota Supreme Court: Al Franken won" is misleading.
this has not gone to the Minnesota Supreme Court yet - the three judges comprised an Election Contest panel and they were assigned by MN Supreme Court Justice Alan Page to that court. Coleman has 10 days to file an appeal TO the MN Supreme Court. He will, since he's such a weasel and I'm still be without full representation in the Senate...
... reduced to incoherent babbling and obstructionism.
Keep up the good work.
To the point of doing all you can to ensure a state is not fully represented, should be considered treason.
That's exactly what it is.
Unless he's willing to say "fuck you" to his own state as well as the Democratic process.
That's the problem now. The repubs are so low that they will just do as they please because their party is already circling the bowl. They are already damaged so they have no fear of more damage.
repuglican who cares about the rule of law.
I mean, don't get me wrong, I'm thoroughly enjoy watching them cannibalize themselves...but damn...are they THAT petty, that not one among them is saying they need to put on the brakes, and be a damn American, and do what's necesary?
Oh wait...I forgot...it's the GOP....what WAS I thinking?
"there's gotta be be at least ONE repuglican who cares about the rule of law. NOPE
"are they THAT petty, that not one among them is saying they need to put on the brakes, and be a damn American, and do what's necesary?" Yep
"Oh wait...I forgot...it's the GOP....what WAS I thinking?" Exactly
This is like the three strike law. The republicans have committed the third strike so they'll do all the damage they can before they are caught and put into political solitary confinement.
I'd give them Olympia Snowe.
Ironically, she's often referred to as a RINO. Go figure.
Name one Republican that will put this country over their party and let Franken be seated so he can start working for this country. Just one. I want to hear one quote from one Republikant saying Franken won and should be seated for the better of the country.
Hahahahahahahahahahaaaa!
But seriously, no.
Can't think of one.
He's too busy with the teabaggers right now.
HA!
The majority of the board that recounted the election was Republican, and they abided by the letter of the law, to Coleman's detriment. And judges that found against Coleman's arguments. There have certainly been honorable Republicans in the process.
Two of the three members were appointed to their positions by republican governors.
Really...but I still don't trust a republican any farther than I can throw them.
"Oh wait...I forgot...it's the GOP....what WAS I thinking?"
The party of Nixon, Rove, Limbaugh, Oliver North, FOX Noise...
...were you thinking?
It was a funny comment...
would maybe be doing the same. None of them is really interested in doing what's right for us regular Americans...
they're all 'CorpReptoCrats' - my new term for political hacks in both parties who line their pockets with corp. money and do whatever they can to ensure their own ride on the gravy train will never end.
The state law says (I'm not quoting it directly) that no one is seated until all challenges have been completed. I believe this is open for interpretation, and will be used to not seat the senator. It's all within the boundaries of the law.
Once this process is over, I hope the MN legislature takes up amendments to the voting laws and: makes them consistent throughout the state, and clearly defines when to seat an elected official.
Not federal challenges.
However, the law isn't explicit in stating whether the challenges are on a state or federal level. Therefore, Pawlenty has legal backing in not signing the election certificate. If I'm mistaken, please show me. I can't find the specific statute right now.
MN Statute 240C.40 subd 2: "Time of issuance; certain offices.No certificate of election shall be issued until seven days after the canvassing board has declared the result of the election. In case of a contest, an election certificate shall not be issued until a court of proper jurisdiction has finally determined the contest. This subdivision shall not apply to candidates elected to the office of state senator or representative."
Based on the writing of the law, no parties are impeding the election process. They are following the rule of law based on their interpretation. As worded, this statute gives the republicans the ability to challenge Al Franken being seated until their appeal process is completed through the US Supreme Court.
Which still makes his "party before country" stance all the more appalling.
How is it party before country, when the law allows it? Would you have told Franken to stop this process if the recount would have been in favor of Coleman?
Coleman certainly has the right to repeatedly humiliate himself in public time after time.
...doesn't make it right.
He is using all available legal means to put party before country.
would've done it as well. For each of them, in regards to their ambitions, it would have been party before country. Regardless, I again thank Coleman for seeing this through. As an earlier poster put it, this process has been transparent, and to the letter of the law. It is up to Minnesotans to contact their elected state officials to amend current law.
But based on the performances of the two legal teams to date, it's more likely that any challenge by Franken would have been based on evidence of actual errors rather than unsubstantiated anecdotal stories about how there might have been problems with the count/recount.
attributing the right wing cry baby approach of Coleman to Franken, with NO evidence.
Geeez...that Rovian nonsense is sooooo pre 2009.
The evidence is the day of the election, when Coleman called for Franken to not challenge the election results, and to concede. What's the difference?
Franken said no, I'm going to follow the recount process. Now that the process has seen it's way through the recount, and initial challenges to ballots, Franken is still the winner.
Further evidence is MN Statute. Because jurisdiction is not clearly defined as being solely in the state of MN, the law allows for Governor Pawlenty to not sign the election certificate until Coleman's appeals are exhausted. Possibly to the US Supreme Court.
What evidence do you need? I contend that if Franken would have lost the election recount process, we wouldn't even be having this conversation. We would want Franken to to see the legal process through. For what reasons would we want this. Would it be to see that we follow the rule of law, or to see that another democrat is in office? I assume the latter, as this site is primarily liberal leaning, as is suggested by your handle. (Note: as a progressive, I do enjoy this site as it does a great job of revealing those that would rather stay in the dark. Keep up the good workk C&L!)
Congratulations again Al. You keep winning and winning and winning. :)
Now certify him, Pawlenty.
Oh for god's sake, Coleman needs to stop being such a fu*king cry baby and let this thing go. Does he want to be the poster boy for the term sore loser? How can he go before the State Supreme court if he has no freakin' case to present. What's his argument, that he hasn't won yet?
whatever those are...
Coleman.
Would someone please call his Mommy and tell her to come pick him up.
Hopefully she's too embarrassed herself. Let's see, Gore conceded when???? Within the month????? Little over a month???
Kerry? The next day????!!!!!!!
Yup, here's hoping Coleman's mommy is just too embarrassed to even answer the phone! Obviously Coleman isn't.
Pawlenty will do nothing to certify a member of the opposition. He will "let the courts decide."
"This is good news for Coleman and the Republicans."
John:
That wasn't the Minnesota Supreme Court. It was the Minnesota election court, according to TPM.
I know, the details are mind-numbing.
Coleman's lawyers should be susceptible to a charge of taking frivoluous positions and liable for Franken's attorneys' fees!
That would be a great way to deal with the Republicans who continue to piss into the wind.
...this Republican funded effort to deny the people of Minnesota representation just to block the Democrats. This certainly gives the lie to McCain's refrain of putting the country before politics. Unfortunately, all it will get is a three graph box on page 3, The Mid Maine Morning Sentinel - supposedly a "librul" paper did just this.
Reading the comments on the Minnesota Star Tribune's site, the people of Minnesota want Coleman to concede by a huge margin. He and the state party must know they are putting the Rethugs into the toilet as far as Minnesota is concerned, so it can only be the national party.
Time to send the Republicanistas to poltical party heaven along with their slavery loving ancestors, the Whigs.
Like so many republicans, Coleman just cannot face reality. I think he thinks this is like bush v. Gore in 2000, if he fights it long enough some republicans will come to his aid and give the seat to him. Hopefully that won't be the case but he and Pawlenty are willing to try.
There are 5 Republican appointed conservative activist judges on the the Supreme Court have proven they will trump the will of the American voters once already. And we are still digging our way out of that decision. That's why the Rushthugliklans are hoping to get it before the Roberts court. It's their only chance to once again thwart the democratic process. That and of course a revolution are the nutters only 2 options at this point.
Unless something dramatic happens, I doubt the US Supreme Court would take this case. I imagine they see this case as being as silly and one sided as we do.
I do expect Coleman to file an appeal with the U.S. Supreme Court.
I expect the SCOTUS to do the unprecedented and actually issue a "non ruling" ruling with regard to Gore Vs. Bush as part of it's comment for denying the Coleman appeal.
The Court will reaffirm that Gore Vs. Bush did not set a precedent.
The ruling will be written by Scalia to make a political point to the right wing.
4 of the 5 justices probably would not take the case but unfortunately, they are not the the majority. After Bush V Gore I wouldn't put anything past this court.
Coleman says "I will wait for the judges decision" until the judge decides against him and then he will wait for the next judges decision until the judge decides against him and then he will wait...
sooner or later the only one left to judge this will be their bullshit god! enough is enough with these anti-American right wingers!
I thought the Republicans were against frivolous lawsuits???
Yeah, they try to make a mockery of trial lawyers. Another instance of do as I say and not as I can do because I am sooooo rich!
When is the deadline for Franken to apply for re-election for his second term? I hope he isn't still tied up in court and forgets to sign up.
Norm's just stretching the process, he knows he has no chance...throwing shit at Senator Franken to the end.
Rachel Maddow noted last night that the next appeal is to the MN Supremes. The newest court member is a Coleman supporter (w/ $$$) who will probably have to recuse himself.
In fact, after all anticipated recusals, the MN Supreme Court will probably only have four justices decide this case. I'm pretty sure that a tie goes to Franken -- but still.
Could the state supreme court refuse to take the case? If they do, what would be Coleman's next move?
I think.
If it's like other state courts I'm familiar with, Coleman will have to get permission from the Supreme Court before they will hear the case (petition for leave to appeal).
The next step would be the US Supremes.
For the Maddow piece.
She also credited the "googling monkeys" at MyDD for the recusal tip.
"......recuse himself"
Like THAT'S going to happen. Surely such a generous donor would do the right thing...right? riiiiiiiiiiiight......a "W" backer, and he's going to 'do the right thing'..as in.......................?
Alan Page will keep him in line.
I think it's pretty cool Associated Justice Alan Page is where he is.
Definitely, no dumb jock there.
At this point what would be Coleman's case? Seriously, on what grounds is he appealing to the state supreme court? He's been found to be the loser by everyone in his state, with maybe the exception of his wife.
some time ago.
Tim Pawlenty is going to do what he perceives as best for Tim Pawlenty, not America, Minnesota or even the Republican Party. He'll do what he thinks will best advance his career or what's best for him personally. I hope he does refuse to sign an election certificate in defiance of the Minnesota court. The Republicans need an example that ignoring the rule of law has consequences and what better example than a Republican governor going to jail for contempt?
Or at least losing his next election because if he does not sign the cert he will lose whatever election he will be in. Even Minnesotans who voted for Coleman will be pissed off if their state is not represented with two Senators and Pawlenty and/or Coleman is the reason.
Surely you jest. Sorry to be so skeptical, or is the word 'cynical'....but...um...
love that last sentence. Almost made me laugh. But it is a good one!!!!!!!!
Unless Minnesotans speak up en mass. It's going to take marching in the streets folks. Enough with the passive mid-west stoicism. Coleman has the money and a bullies bully in Cornyn to keep this fight going for months.
This is a fight Minnesotans have to fight. Letters to the editor by the truckload. Banners and signs. Knocking on doors. Sometimes, you just have to stand up to bullies. Now is a good time. Organize. If Minnesotans stand up, they will find that others will stand with them. Road trip!
And threaten to send Mary Tyler Moore after them.
I just got a visual of Franken twirling around in a Minneapolis plaza and throwing his hat into the air to the tune of "You're Gonna Make it After All."
Funny; but not pretty.
Strip poker?
Against the Doublemint twin girls?
republicans are just fucking sore losers.
perhaps we should make them all happy and
support them by tea-bagging them all.....lol
Still waiting for the day when Billo the clown has to utter the words Senator Al Franken...
I doubt he will do it. He'll just say Franken, without the word senator before it.
But he can't deny the truth and that has gotta make his head explode!
Just to be accurate, this hasn't gone to the Minnesota Supreme Court. The 3-judge panel issuing this decision was at the trial court level. As noted in the posting, the Minnesota Supreme Court is the next step.
Our gov'ment just continues to be the laughing stock of the "free world". It's gotton so bad now that those who lose elections will sue to remain in power, and their cronies (read Pawlenty) are more than happy to help grind things to a halt.
I want to hear this much more often. People should be PISSED OFF at Coleman if he drags this thing out. The more shouting the Democrats do the more people will know that they are being ripped off by the Republicans and Coleman.
Coleman is suddenly realizing and bemoaning the fact that HIS Daddy never golfed with any of the present Supreme Court Justices.
How long is Minnesota going to let this terrible farce go on when it's clear that Coleman, the crying bedwetter and big whiner LOST and childishly just won't give up.
Not at Coleman. He is simply utilizing the rule of law as interpreted by his lawyers. He has every right. I'm going to make the assumption that each of you saying that Coleman should back out are hypocrites. Why you may ask. Because if Franken was in the same position as Coleman is today, you would not ask Franken to back out of the election.
For those of you that challenge the so called republican meme "Party before Country", please take a good look at yourselves in the mirror. The rule of law is actually being followed as written, and all of you that challenged Bush and his cronies for side-stepping the laws they wrote, are now suggesting we side-step MN Law. If you have friends in MN, have them contact their state representatives and senators to have the laws changed.
Squeaky the Chicago Mouse is going to be pissed.
after reading the responses here, it seems that nearly everyone has missed the point. elections should NEVER be decided by judges (especially by just three of them-what biases do they bring?). if someone voted, then count their vote (at least once). to exclude some and include others is an arbitrary decision clouded in rationalized legalese that can only favor ONE winner.
MR. Coleman know that...
I think you miss the point. The election was not decided by the judges. The legality of some disputed ballots was what was decided.
because that was the court deciding the winner, by stopping the vote counting BEFORE all the votes were counted, so their boy Bush would have it.
That has not happened here. All the votes were counted and Math has decided the winner, under the 'greater than, less than' practice of counting, then comparing totals. The court merely backed up Math, which they should, since it's pretty much a constant in the universe in which we live.
Coleman is going to make the same argument...
"The heart of Bush v. Gore’s analysis was its holding that the recount was unacceptable because the standards for vote counting varied from county to county."
The hypocrisy of Coleman is that HE was the one screaming about the absentee ballots not being counted...they were...and now he wants them thrown out.
These stoned with power fuckers feel they should win and control everything...the economy, elections, referendums, wars, they own the fucking Nation...and progressives stole from the GOP what is their's.
But Coleman, Cornyn, et al are wont to listen. Sorry Republicans, you lost! Now, cede to the will of the people and try to be relevant!
Thanks for the story, but as others have pointed out, the headline is currently inaccurate/misleading. The actual MN Supreme Court has not heard the case to date, hence Tim Kaine writing, "Coleman and his attorneys have vowed to appeal the decision to the Minnesota State Supreme Court."
The question isn't whether Coleman has the legal right to pursue this any more - of course he does - but does he have any legitimate reason or realistic chance of winning. His popularity is slipping in MN, and if he wants to run again, he's not helping himself much. The other question is whether Pawlenty will certify Franken, since at this point he should. In the unlikely event that Coleman won on appeal, he could still be seated later, but currently the chief reason for not seating Franken is partisanship.
Like anyone gives a shit which right wing corporatist gets elected.
Coleman, you lost the election, so just get over it and quit whining like a big baby poor loser.
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