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Cornyn Indicates Senate GOP Will Resist Seating Al Franken

It now looks like the Senate GOP could end up trying to block the seating of Al Franken, assuming he is declared the winner next week in the Minnesota recount. NRSC chairman John Cornyn put out a statement accusing the Franken campaign of falsely declaring victory, and denouncing the idea of provisionally seating him while the expected legal dispute of the election is resolved:

"Al Franken is falsely declaring victory based on an artificial lead created on the back of the double counting of ballots. His campaign's actions in the last several days on the issues of rejected absentee ballots are creating additional chaos and disorder in the Minnesota recount. Those actions, coupled with the recent comments by Senator Amy Klobuchar of Minnesota, who suggests seating someone even if there is an election contest, are unprecedented. Minnesotans will not accept a recount in which some votes are counted twice, and I expect the Senate would have a problem seating a candidate who has not duly won an election."

It needs to be pointed out that that there are multiple falsehoods in this statement. First, the Franken campaign has not declared victory, instead only expressing a very high degree of confidence that they will win. The statement also blames Franken for "creating additional chaos and disorder" on the issue of rejected absentee ballots, when by all appearances it's the Coleman campaign that is offering a cherry-picked list of ballots they want counted.

And finally, Cornyn alleges that it is "unprecedented" to seat someone while an election is still being disputed. As recently as 2007, Rep. Vern Buchanan (R-FL) was seated without prejudice by the majority-Democratic House while his election was being contested, and in 1997 the majority-Republican Senate provisionally seated Sen. Mary Landrieu (D-LA) after her GOP opponent alleged irregularities in her very narrow win.


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Not sure they could refuse to seat him - they don't have a majority. If Al wins the recount, he'll be certified by the MN SOS and will have the seat.

Anyone with a better eye on Senate workings?

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Being in the minority has never stopped the Republicans from controlling the show.

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If you're just going to lie, why not make it something interesting.

"We refuse to seat Al Franken because he murdered my sister."

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Republicans are too stupid to tell interesting lies. They just lie, period.

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Al Franken cannot be seated to the Senate because he is secretly a citizen of Kenya.

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Is THAT why he hid his birth certificate? Now it is all starting to make PERFECT sense!

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Also, and too, it's widely known that he's a closet Muslim.

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Well, that would be a reason not to vote for him. But I don't think even the GOP or Cornyn would try to argue around the constitutional prohibition on imposing a religious test for office.

Then again...

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Reid needs to make a declaration of who and under what conditions someone gets seated. I would think the Senate could demand a broad selection of absentees if Coleman is to have any chance of being recognized.

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Good luck with that. Reid won't even make a forthright declaration that the sun will come up tomorrow.

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Cornyn won't seat Franklin,

Reid won't seat Roland Burris.

The Marx Brothers are in charge of the Senate.

Reid and Cornyn should be run out of town on a rail.

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Why doesn't someone call these phony GOP Senators in a televised press conference on their false accusations?

And off topic. Blago must have a pair the size of beach balls or something.

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Now we know Harry Reid's position as well, isn't that right, Cornyn?

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Hard to find the rationale for this move, other than a GOP trial balloon to see how well their BS floats these days. Or maybe just a crony chip being cashed in.

John Cornyn, spokesman for Minnesota voters?

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Nowadays, when Republican B.S. floats, it just makes it all the clearer that we, as a society, need to flush it one more time!

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If the state of Minnesota certifies Franken as the winner, he should be seated. Otherwise, he should not be seated. If the state of Minnesota certifies Franken as the winner, Coleman should concede. This has gone on long enough.

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Senator Franken should be seated whatever the circumstances! It is about time to tell those goobers to kiss my ass! Jim Bowie would know what to do.

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I think that many people discussing this issue (and specifically the Senate's ability to seat or not seat a senator) fail to understand the limitations of the Powell case.

In Powell, the Supreme Court interpreted the Constitutional provision whereby Congress coudl judge teh qualifications of its members. However, the relevant language actually says "Each House shall be the judge of the elections, returns and qualifications of its own members."

Powell was restricted to the "qualifications" section. It in no way addresses how each house shall be the judge of the elections and returns. In Powell, there was no question that Powell had, in fact, been elected to this seat -- the House simply did not want to seat him, and did not choose to expel him (needing 2/3 majority).

Here, the Senate certainly has the power to decide who was actually elected by virtue of its ultimate power to judge the election and returns.

Of course, I fully expect the Senate Republicans to filibuster any attempt to accept Franken as an interim Senator.

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Then make the f***ers actually FILIBUSTER!!!

I'll bet there are at least SOME Republicans who would be ashamed to stand with Cornyn and his neanderthal pals, reading the phone book for hours on end to prevent a duly-elected Senator from being seated, and taking up time on this crap while the nation burns.

During the 50s and 60s, the Southern "Dixiecrats" earned their reputation as fat, white, "good ole boys" who used the filibuster to block civil rights legislation. The pictures of them on the evening news and in newspapers drove reasonable people away.

Force the Republicans to filibuster and let the same thing happen to them. They are already the party of "old white racists." Let the label stick.

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The question is, if Republicans say they will filibuster, how quickly will Reid cave in?

What filibuster? The Senate doesn't have to take action in order to seat Franken. If Minnesota certifies Franken, then the default position is that he is seated. The Senate would have to take action only if they wanted to unseat him.

In other words, the Republicans can't filibuster if there's nothing to filibuster.

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Sure, if the state certifies Franken as the winner then he'll be seated without Senate action. But in order to provisionally seat him before the result is certified (which it won't be) they'll need to have a vote, which presumably can be filibustered. Of course, I like many here think it's way past time that Reid starts requiring actual, rather than procedural, filibusters...but we'll see if he's less of a Eunuch when he's running a 1-shy-of-cloture caucus.

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This shit stick Cornyn had no problem seating Bush after he stole the election from Gore in 2000

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"This shit stick Cornyn had no problem seating Bush after he stole the election from Gore in 2000"

Not to quibble with the entire thread (I am unfortunately, a resident of Texas and sadly represented by the aformentioned "shit stick") but Cornyn did not become a member of the Senate until 2002. I did vote for the Democratic candidate then and also this year. :)

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What makes it so hard for Republicans to understand the concept of "Count every vote" Perhaps we should now ask the Supreme court to stop the counting of the votes since we're ahead?

Just count the votes and whoever has the most wins. It doesn't seem all that complicated to me.

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By all means... let Republicans be as irrational as they feel the need to be!

Their party leaders should ignore the fact that Coleman wants to selectively count the votes that the state says they improperly rejected.

If you're a Republican today, you should stand up proudly and declare your support for stripping the right of hundreds of your fellow Republicans to vote, just because they live in a precinct that Franken won. Because screwing over voters is the supposed "path to victory".

They should ignore the fact that Franken is willing to allow each and every vote the state pointed out as being in error to count... because counting all the votes is defeatist.

Of course, when Republicans play these kind of gains, they come off as unreasonable to the great majority of moderate, reasonable people, but hey... if they're moderate and reasonable, they're probably not Republicans anyway, right?!

Meanwhile, if you live in Missouri, Kansas, and Arizona, everytime you look at a map of the Red states, you've got to feel like you're wearing one of those t-shirts...

"I'm with stupid..."

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RE "double counting of ballots"

We don't know that the ballots Norm Coleman says were double-counted were.

Another possibility is that election officials failed to create duplicates, and that is why there are more originals than duplicates.

The State Canvassing Board and the MN Supreme Court would have sided with Norm Coleman on this issue if some ballots were obviously double-counted. Neither sided with Norm Coleman on this.

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Oh, let them break out the pop corn and cheetos and give us one more rendition of "Barack the Magic Negro" (snark) Seriously, don't take the gun out of their hands. . .they've shot themselves in the foot so many times that it's only a matter of time before they blow their own heads off.

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The most ridiculous thing about this statement is that the only person who has ever declared victory in this race was Norm Coleman, which was echoed by the RSCC and many of his fellow republican senators, back when they were urging Franken to "do the right thing" by sparing the state the cost of a recount. Now, if they would only take their own advice...

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By now people should get it. Republican = shit. It's really that simple. I have plenty of issues with the Democrats, but the Republicans have simply put themselves beyond the pale of civilized society. There is no limit to the amount of lying and cheating they will do to get and keep power.

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WTF? I cannot believe the crap I am reading here today. The Black Negro, the Blago chaos, the Franken denial, do these people not get the fact that life out here in our world right now SUCKS?!

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Meant for Republicans.

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Aren't we sad there weren't enough Texans with the sense to unseat Cornyn in November?

What a tool.

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The Republicans lie, smear and proudly announce support for their candidate all over the airwaves. Yet the silence from Democrats surrounding Franken's apparent victory is deafening.

TPM, can you get somebody from the Senate Dem caucus to offer even the most tepid support for Franken, or even acknowledge that they would prefer him in the Senate to a Republican?

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I take it this was meant in jest. Unless you speak of some other Senate Democratic Caucus than the one I'm familiar with. The only thing they ever support is Republican filibusters.

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I'm only half-kidding. It seems like the CW in Washington is that Republicans are entitled to election wins by default. The media has not pushed this story at all. It doesn't come up on the Sunday talk shows or any other media forum that I'm aware of.

It just reinforces all my frustration with the Democratic Party as it's presently constituted. Not only will they not use any means necessary to gain a Senate seat, they don't seem to want to fight for it at all.

I would really like David Gregory to have Harry Reid on Meet the Press and ask him why he doesn't appear to support Al Franken's election to the Senate.

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This grandstanding tells us nothing we didn't already know about the Republican swine. How the Democrats will react to their grandstanding could tell us much about whether or not there will be anything new about the Democratic approach in Congress. If they cave in, it's going to be a long 4 years. If they have the balls to tell Cornyn (whi is a swine himeself) to go fuck himself then we see some actual change in DC.

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AMEN!

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Gosh, it seems only appropriate for a Texas politician to decide who should or should not be a Senator. After all, it was a 'great job' from the Texas politician who took office in 2000.

The question is, if Republicans say they will filibuster, how quickly will Reid cave in?

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Can anyone tell me if under the existing rules of the Senate, a motion to seat (or not seat) is open to a Filabuster? Some types of votes are, others are not, so the question of whether Cornyn can carry out his threat depends on that rule.

There are some wierd technical details involved in today's doings. It appears that what Coleman is doing in several of the regional meetings called under agreed rules to review the envelopes of the wrongly rejected absentee ballots before forwarding them by Friday to the SoS for counting, is to demand that additional ballots that were not in the 5th pile, but in piles 1-4 which are defined by state statute, are also included. Sorting these piles in some counties were initially done under request of the SoS and the State Canvass Board, but ultimately it was done under Supreme Court Order. What Coleman seems to be asking is that county canvass boards go beyond the scope of the Supreme Court Order, and I suspect either the SoS (along with the Attorney General) and/or the Franken Campaign will have to go back to the Supreme Court to get the scope of the order clarified. It looks like the Coleman Campaign is only objecting and demanding a deal for extra ballots from piles 1-4 in largely pro-Franken counties -- a bit of systematic cherry picking. Anyhow, I expect another tour of the MN Supreme Court before this is final pre-certification.

Mark Richie was on MPR's Midday Show today, and introduced another matter -- apparently State Law allows any voter with a wrongly rejected absentee ballot to directly petition the Supreme Court to have his/her ballot counted. No need for a lawyer or lawsuit, just a simple petition. So another solution is at hand -- those 1348 voters in this class could just execute a petition. It would put lots of work on the desks of the Justices, but gets around the Coleman roadblocks. So I expect at least the Franken Campaign will be out and about with petitions. But the need to go to the court one by one could slow this process down a bit. The could relieve themselves of the need to review individual petitions by appointing a magistrate to make the rulings.

But Coleman could do the same thing -- he could do petitions from those in pile 1-4 claiming that they are not wrongly rejected, and demand review.

Ultimately the court will have to facilitate finishing the process, so that the Canvass Board can say their work is done, and certify. They are hampered in making a straightforward clean rule on this, and must stick to the rule that both campaigns have to collaborate on the rules for admitting ballots by Anderson v. Rolvagg -- the Supreme Court ruling in 1963 in the Great Minnesota Governor's Recount, which established this rule requiring collaboration. This is a conservative Supreme Court, and finds it very difficult to break with precident -- and Anderson v. Rolvaag is the great Minnesota Precident.

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Can anyone tell me if under the existing rules of the Senate, a motion to seat (or not seat) is open to a Filabuster? Some types of votes are, others are not, so the question of whether Cornyn can carry out his threat depends on that rule.

There are some wierd technical details involved in today's doings. It appears that what Coleman is doing in several of the regional meetings called under agreed rules to review the envelopes of the wrongly rejected absentee ballots before forwarding them by Friday to the SoS for counting, is to demand that additional ballots that were not in the 5th pile, but in piles 1-4 which are defined by state statute, are also included. Sorting these piles in some counties were initially done under request of the SoS and the State Canvass Board, but ultimately it was done under Supreme Court Order. What Coleman seems to be asking is that county canvass boards go beyond the scope of the Supreme Court Order, and I suspect either the SoS (along with the Attorney General) and/or the Franken Campaign will have to go back to the Supreme Court to get the scope of the order clarified. It looks like the Coleman Campaign is only objecting and demanding a deal for extra ballots from piles 1-4 in largely pro-Franken counties -- a bit of systematic cherry picking. Anyhow, I expect another tour of the MN Supreme Court before this is final pre-certification.

Mark Richie was on MPR's Midday Show today, and introduced another matter -- apparently State Law allows any voter with a wrongly rejected absentee ballot to directly petition the Supreme Court to have his/her ballot counted. No need for a lawyer or lawsuit, just a simple petition. So another solution is at hand -- those 1348 voters in this class could just execute a petition. It would put lots of work on the desks of the Justices, but gets around the Coleman roadblocks. So I expect at least the Franken Campaign will be out and about with petitions. But the need to go to the court one by one could slow this process down a bit. The could relieve themselves of the need to review individual petitions by appointing a magistrate to make the rulings.

But Coleman could do the same thing -- he could do petitions from those in pile 1-4 claiming that they are not wrongly rejected, and demand review.

Ultimately the court will have to facilitate finishing the process, so that the Canvass Board can say their work is done, and certify. They are hampered in making a straightforward clean rule on this, and must stick to the rule that both campaigns have to collaborate on the rules for admitting ballots by Anderson v. Rolvagg -- the Supreme Court ruling in 1963 in the Great Minnesota Governor's Recount, which established this rule requiring collaboration. This is a conservative Supreme Court, and finds it very difficult to break with precident -- and Anderson v. Rolvaag is the great Minnesota Precident.

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Can any of you write a simple declarative sentence in the English language without using coarse expletives?.It would be fun to have a blog where serious issues can be discussed and debated in civil language, but I have yet to find one.As a conservative, when I run into someone with a different point of view I try to listen to see if he is, at worst, mistaken.The commenters here are almost all candidates for the brownshirts who believe enemies are to be destroyed.I will leave you to consort with your fellows, a fate you appear to merit.

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You must be referring to the person who quoted Dick Cheney.

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Can any of you write a simple declarative sentence in the English language without using coarse expletives?

F**k yeah! (snark)

But really - I've done a quick scan of the thread, and I think you're a little over the top. Yes, most of us can - and do - and have done so in this thread. If you're coming by for a little scary socialist/anarchist strawman to knock down, you'd have better luck over at Daily Kos.

As a conservative, when I run into someone with a different point of view I try to listen to see if he is, at worst, mistaken.

Unfortunately, if true, then you are a very rare conservative. Your fellows don't treat us with that much respect. Remember the "pro-American" parts of the country? Or perhaps we can all sing a verse of "Barack the Magic Negro"?

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"As a conservative, when I run into someone with a different point of view I try to listen to see if he is, at worst, mistaken."

You're a fucking liar. Piss off and die, loser.

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"Brown shirts"? Harken to the "conservative" accusing us of resembling Nazis. This from the ideology that is racist, nationalistic, xenophobic, homophobic, religiously intolerant, simplistic, reductionist and very proud of their record of voting with their president 100 percent of the time regardless how insane the idea or how poorly thought out the policy. The party who talks about supporting the troops but tries to filibuster the Webb G.I. Bill for no other reason than Senator Webb having a "D" in his title.
(now for the gratuitous course expletive), Goddamn that's funny! Why don't you run for the Senate? If you get elected, we will have two comedians in the chamber when you are seated and join Senator Al Franken.

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After eight years of brown-shirt rule from above, all I can think of to say to your haughty election-stealing war-mongering ass is.... drum roll please.......
" Go. Fuck. Yourself.

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Have you ever been to freerepublic or teamsarah?

I found it particularly funny that your post accusing us all of being incoherent, foulmouthed Nazis immediately followed a long and technical post (devoid of profanity, like most posts in this thread...until you showed up to bait us) on the intricacies of the recount. There's good stuff in these comments. But showing up and claiming to be a standard conservative who thinks "at worst" someone who disagrees with you is mistaken is sort of playing with fire. After we've seen the standard-bearers of Conservatism call us all un-American (and not "real America"), use coded racial messages to "other" our Presidential nominee, equate Vietnam protesters to Osama Bin Laden, and call our churchgoing Christian Senate candidates "Godless" it's a little hard to swallow.

Oh yeah, and come on...whining about profanity in blog comments? You really are a Republican. I heard a Republican a few days ago complaining about the Megatouch "erotic photo hunt" (a bar game involving tame naked pictures) and saying "our country is going to Hell." I mentioned that I was somewhat more concerned with the segmentation/stratification of American wealth and the fact that we have abandoned due process...I don't think she understood why those things were more important than keeping pictures of naked women from over-21 adults in bars. Republicanism defined.

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two things

1) the head of the NRSC is declaring the electoral process in Minnesota (Minnesota!!!) illegitimate.

2) Harry Reid need to make whatever position the GOP takes PAINFUL for them, in whatever way possible.

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Awww! How cute! Like it's up to the Republicans who gets seated! Of course you never know with Reid. He may do exactly what the Republicans tell him to do.

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Into the vacuum that is Harry Reid steps the Republican spin machine - just as they did in Florida in 2000.

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"We refuse to seat Al because he is secretly a negro." When did the Rethugs decide who gets to become a senator?

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One Looney Toons act after another, that's the GOP we've all come to expect. We should demand better from our elected officials, but when the system is tilted in favor of rich criminals, like Cornyn himself, a damn frat boy, what else can we expect. The French proletariat solved their internal problems with their ruling classes, why cant we?

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Conservatives = {Nazis | Fascists | Racists | Super-Criminals | Genocidal Criminals | Enslavers}

Conservatives are Satan's spawn, who are currently in control of the world. Seeing the thousand years they were allowed to roam the earth and devour as they wish is drawing to a close, they are seeking means to leave nothing worthwhile behind when they're gone.

They remind me of the colonizing Portuguese who were pried out of Mozambique. Those bastards blew up every damn thing that was of value, leaving only the statues of their people standing.

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If the governor can't appoint the next Senator, and the only person who can appoint the next senator is the governor, then what is supposed to happen?

I wish Harry et al had mustered this much energy to get Bush & Cheney impeached. There is so much going on and they focus on THIS? Like it really matters?

Fact is, Blago is still the governor, and he can appoint the Senator unless the law changes. Wait for him to be impeached? Is that due process? Now Fitzpatrick wants more time to put his case together against Blago -- what is THAT about?

If it turns out that this Burris, who seems like a creep to me (anyone see the case where he fought to execute an innocent man when he was ag?) did anything illegal to get this seat, he can be kicked out. How long was Tom DeLay in the senate? You know, the one who was kicked out for illegal shenanegans and who now gets interviewed on HardBall as an expert while Chris drools all over him. Did he ever even have a trial?

Give Burris 2 years and then let him go down in flames. He can put Senator on his ugly grave stone and people can spit on it once he is dead.

If this is what the Dems are going to get all excited about they need a true reality check. AND they need to offer a word of support to Al Franken -- why the silence there?


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Al Franken is a team player. At least he wants to be. So there will be no complaints from his corner as the feckless, impotent, spineless, paralytic, self-immolating Democratic Senate leadership allows the Republicans to impose their lying version of the Minnesota recount onto the national media and into the national public perception.

Well, I am taking the liberty to complain! Not on Al Franken's behalf; he can speak or not speak for himself--but on behalf of the United Statesian voters . . . tired of being sold out, sold short, and watching the Senate Democrats roll over, cave in, knuckle under!

Harry Reid could have a 90 to 10 majority and he would still let the Republicans call the tune, dictate the political agenda, dominate the news media, and obstruct any constructive legislative efforts.

Which British politician made a remark about "a shiver running along the Labour benches looking for a spine to run up"?

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