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Minnesota Supremes Shoot Down Crucial Coleman Lawsuit, Making A Franken Win Nearly Certain

Norm Coleman just got a Christmas present from the Minnesota Supreme Court: A giant lump of coal.

In a unanimous decision handed down just now, the state Supremes denied Coleman any relief in a lawsuit he was waging to deal with allegations of double-counted absentee ballots, which his campaign says have given an illegitimate edge to Al Franken. The Coleman campaign was seeking to switch 25 selected precincts back to their Election Night totals, which would undo all of Franken's recount gains in those areas and put Coleman back in the lead.

The court, however, sided with the Franken camp's lawyers in saying that a question like this should be reserved for a post-recount election contest proceeding, as the proper forum to discover evidence -- and which also has a burden of proof that heavily favors the certified winner.

Simply put, Coleman is in very big trouble right now. With Al Franken leading by 47 votes, this lawsuit was Coleman's best shot at coming from behind. And it just failed, making a Franken win nearly a foregone conclusion when this recount finishes up in early January.

Late Update: The Coleman campaign's lead lawyer Fritz Knaak says the court's decision today "virtually guarantees that this will be decided in an election contest." So say hello to some messy litigation. But at the point where we go into an election contest, the chances of a Coleman victory are really slim to none.


55 Comments

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THIS IS EXCELLENT NEWS!! FOR NORM!!!

!!!COLEMENTUM™!!!!

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Good to see you again - and such an appropriate return, too. :-)

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Where have you been?! Welcome back. ;)

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Idiotic is back!! The crops are saved!!!

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Only in Foxnewsland is losing 9-0 anything other than a drubbing. BTW, speaking of horsemanure, what about those claims the number of votes exceeded the number of voters??
Coleman apparently had no bullets in his litigation gun. The Minn
Supreme Court saw no evidence of such.
Like the Dark Knight (?) in Monty Python, today's decision is "just a scratch" right?

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Has anybody actually counted the absentee ballots that remain in question?

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No, and it probably won't happen in any significant numbers.

And if they are somehow all counted, Franken will just extend his lead further.

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Well, sounds like it's about freakin' time for Norm to concede.

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Senator Franken....has a nice ring to it!

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I'd prefer to address him more informally as Senator Al.

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I'd prefer to address him more informally as Senator Al.

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The world according the Republicans:

Supreme Court rules for Bush in 2000. Good.

Minnesota Supreme Court rules against Coleman in 2008. Bad!

If and when Franken takes his seat, I sincerely hope he turns into a serious Senator.

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The world according the Republicans:

Supreme Court rules for Bush in 2000. Good.

Minnesota Supreme Court rules against Coleman in 2008. Bad!

If and when Franken takes his seat, I sincerely hope he turns into a serious Senator.

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If and when Franken takes his seat, I sincerely hope he turns into a serious Senator.

Why?

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If and when Franken takes his seat, I sincerely hope he turns into a serious Senator.

Why?

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At least the Senate, will have a comedian as a Senator and not a clown.

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And in the real world:

United States Supreme Court intervenes on Bush's behalf and halts the process to fully count all the votes... bad.

Minnesota Supreme Court rejects Coleman efforts to throw out valid votes... good.

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I think if you check the record you will find that the court stopped the recount in Florida back in 2000.

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Finally a Senator we know is a joker going in!

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Norm, please give your state a big Christmas present and concede -- now.

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I still miss Paul Wellstone

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Me too....

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yeah, he was the real thing. at least norm's not stinkin up his seat anymore.

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Let the "Al Franken Decade" begin!

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I'm going to bust a gut if he starts using "...me, Al Franken" in public life.

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Franken a serious Senator?

It seems as if he is pretty serious in that he went through the seemingly arduous process of insisting on a recount in all its ups-and-downs, moving his case through various court challenges and just refusing to lose.

I remember Randi Rhodes complaining that Franken got most of the Air America perks of a "headliner" when he really wasn't a "radio" guy.

Well, I suppose his program could be a snoozer, especially in comparison to Rhodes and other true "radio people." He seemed to be sincerely interested in the ins-and-outs of public policy. A little bit of a know-it-all (I'm remembering a particularly obnoxious interview he did w/our mayor Shirley Franklin), but I'm still glad he's winning?/won?

He beats the hell out of what my state just sent back to the Senate!

Congratluations (I hope!) to Al Franken.

Thanks for being a serious candidate and not giving up...

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Franken was the best thing on Air America! When he announced for Senator, I was torn between the good it would for my country and listening to the most entertaining show on Air America. But since I live in Texas, Air America was axed at the only two stations within range of my radio.

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I think Coleman should concede. You know, for the good of Minnesota. Does anybody believe that if it was he who was ahead by 47 votes at this stage, that Coleman wouldn't be on every news outlet in the nation demanding that Franken concede?

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This is correct, and also fairly obvious. Coleman was hammering Franken for even asking for a recount in the first place, saying it was too divisive for the state.

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Franken didn't ask for a recount. A recount is mandated by Minnesota state law when elections are that close. If that law hadn't existed in Minnesota, Coleman would have been declared the victor weeks ago and it would be too late for Franken now.

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We all know what's going to happen--his first big initiative will be to do away with ATM surcharges, and then he'll end up on antidepressants and exhibit bizzare behavior, eventually getting impeached.

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WTF? This has to be one of the poorest attempts at humor I've ever seen.

I'm no Franken fan, although I voted for him, I thought his radio show was terrible. It was too much about him. His crooning at Kristy Harvey, and cracks about her then, Republican boyfreind, bordered on harassment. I'm surpised Norm missed that.

Having said that I have no doubt that he will make a very good senator. He's worked hard over the last three years. Gone to a lot of small town events and supported a lot of minor DFL candidates. I don't know of anyone in recent history who's worked as hard as Al.

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It was actually pretty enjoyable humor when Franken wrote it in his book Why Not Me?. (Much like all his other books, it's hilarious)

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I don't get the criticism Franken gets for being a comedy writer daring to run for office. Does that somehow make him unfit to hold political office? He's a smart, progressive person. I used to listen to his Air America show, and I think he'll be fine. I'd still rather have Thom Hartmann in the Senate though.

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We don't know yet if more Improperly Rejected Absentee Ballots will be sent-for-counting from Democratic counties or from Republican counties.

Al Franken isn't certain to be certified.

Who will win court cases after certification is another question.

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I've posted some of the history of this before, but once again...

The idea that Al Franken should run for the Wellstone Seat in the Senate was first discussed out loud in spring, 2003 at the first meeting of the Wellstone Action Foundation -- Paul's Memorial -- during a coffee break. Al and Molly Ivins were talking with Walter Mondale (all three were on the initial board), and at one point Molly just outted with it -- "Al, you gotta move home to Minnesota and run for Paul's Seat." Walter thought about it for a few minutes -- and agreed, it might just be a good idea. I've heard that Al thanked Molly for telling him what to do with the rest of his life, but said he would have to talk the idea over with his wife Fran before agreeing to move to Minnesota and run for Paul's Senate seat. Anyhow -- once people around the Wellstone board started talking, the idea was just out there -- maybe Al Franken would move home and run.

So it came to pass that in 2005 at the Carter Center in Atlanta, Carter and Mondale did a big public seminar that was on C-Span, and the question was popped -- was Franken running for this Senate Seat, and was Mondale supporting Al?

Mondale answered by allowing that Al Franken was a real smart fellow. He thought he might be considering moving home to Minnesota, and that he was very clearly a Progressive DFL'er. He went on to say that lots of those fellows down in DC were pretty bad comedians but they didn't know it, so maybe it was time for Minnesota to send them a real comedian. And so it came to pass that about four months later Al Franken moved to Minnesota, got a condo, moved his radio studio, and went down to the Court House to register to vote, and then showed up at his DFL Precinct Caucus -- which is how you become an official member of the DFL. In 2006 he campaigned all over the state for DFL candidates, along with Mondale he developed a "two man show" in which Mondale played straight man to Franken's running commentary as to why we needed to elect a whole slew of DFL'ers. Franken got introduced around the state, marched in festive parades and all -- and Mondale provided all the introductions to the party regulars. After a year of this -- he finally resigned from Air America, and announced his candidacy, and started the long slog to getting the DFL endorsement.

So it all started with Molly Ivins holding forth during the coffee-break at a Board meeting on what Al Franken should do with the rest of his life. And I suspect it ended today with this ruling from the Minnesota Supreme Court, which I would point out is without dissent. It will be tough on Coleman, but one wonders who is going to invest in his case given the rulings of both the Canvass Board and the Courts. I think overall the Recount has been very transparent and fair, and with the Chief Justice of the State Supreme Court sitting next to Richie during the ballot review, I think it has legitimacy.

I am not a patron of some heaven and hell religious beliefs -- but for the last couple of days I've been thinking about a grand square dance in Heaven -- yes, the angels have fiddles such as on some Xmas cards, but they play ho-down music, and there are Paul and Molly swinging yer partner to a fair-thee-well.

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I've posted some of the history of this before, but once again...

The idea that Al Franken should run for the Wellstone Seat in the Senate was first discussed out loud in spring, 2003 at the first meeting of the Wellstone Action Foundation -- Paul's Memorial -- during a coffee break. Al and Molly Ivins were talking with Walter Mondale (all three were on the initial board), and at one point Molly just outted with it -- "Al, you gotta move home to Minnesota and run for Paul's Seat." Walter thought about it for a few minutes -- and agreed, it might just be a good idea. I've heard that Al thanked Molly for telling him what to do with the rest of his life, but said he would have to talk the idea over with his wife Fran before agreeing to move to Minnesota and run for Paul's Senate seat. Anyhow -- once people around the Wellstone board started talking, the idea was just out there -- maybe Al Franken would move home and run.

So it came to pass that in 2005 at the Carter Center in Atlanta, Carter and Mondale did a big public seminar that was on C-Span, and the question was popped -- was Franken running for this Senate Seat, and was Mondale supporting Al?

Mondale answered by allowing that Al Franken was a real smart fellow. He thought he might be considering moving home to Minnesota, and that he was very clearly a Progressive DFL'er. He went on to say that lots of those fellows down in DC were pretty bad comedians but they didn't know it, so maybe it was time for Minnesota to send them a real comedian. And so it came to pass that about four months later Al Franken moved to Minnesota, got a condo, moved his radio studio, and went down to the Court House to register to vote, and then showed up at his DFL Precinct Caucus -- which is how you become an official member of the DFL. In 2006 he campaigned all over the state for DFL candidates, along with Mondale he developed a "two man show" in which Mondale played straight man to Franken's running commentary as to why we needed to elect a whole slew of DFL'ers. Franken got introduced around the state, marched in festive parades and all -- and Mondale provided all the introductions to the party regulars. After a year of this -- he finally resigned from Air America, and announced his candidacy, and started the long slog to getting the DFL endorsement.

So it all started with Molly Ivins holding forth during the coffee-break at a Board meeting on what Al Franken should do with the rest of his life. And I suspect it ended today with this ruling from the Minnesota Supreme Court, which I would point out is without dissent. It will be tough on Coleman, but one wonders who is going to invest in his case given the rulings of both the Canvass Board and the Courts. I think overall the Recount has been very transparent and fair, and with the Chief Justice of the State Supreme Court sitting next to Richie during the ballot review, I think it has legitimacy.

I am not a patron of some heaven and hell religious beliefs -- but for the last couple of days I've been thinking about a grand square dance in Heaven -- yes, the angels have fiddles such as on some Xmas cards, but they play ho-down music, and there are Paul and Molly swinging yer partner to a fair-thee-well.

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Franken proved how tough he is by hanging in there through this whole recount nightmare, (not to mention the underhanded dirty campaign).

Congrats Al.

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Franken's been pretty impressive throughout this recount. I think he definitely has what it takes to be a great Senator. This is great news, I'll be keeping my fingers crossed that Coleman concedes as a Chanukah gift to Franken (not that that would ever happen, but it's nice to imagine).

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Say it O'bitchly say it, say SENATOR AL FRANKEN!

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repeating another post of mine

Somewhere Paul Wellstone is smiling as he hears about his old senate seat.

Coleman was going to lose his race with Wellstone, and now he will lose what should have never been his to begin with.

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SENATOR Franken will make the best guest host yet on SNL.
To be funny his script will tell him to be serious? He will probably write his own. He may be young enough to run for Vice President on some kind of interesting ticket with Hillary Clinton or Caroline K? Hooray for interesting canidates, like to see him debate Ms. Palin or on Beat(I mean Meet) the Press

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All Hail "Landslide" Al! Surely LBJ and Molly Ivins are smiling and Hubert H. is as "pleased as punch". Think O'Reilly will send flowers?

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What wonderful news! I for one can hardly wait to watch Senator Al making mincemeat of his old Southern white guy colleagues. He and Barney Frank should do a Frank and Franken routine (Barney, complaining about the Rick Warren debacle, said Obama's belief in nonpartisanship was unrealistic: "I'm suffering from post-partisan depression," Barney said.)

BTW, if you want to listen to AirAmerica, you can pick up a live stream. It's linked on www.RealityChex.com

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I listened to almost all of the Al Franken show on Air America. (Paid for podcasts without the ads, though.) It was a great time, I learned a lot, and I became much more politically aware.

Al is a clever/funny guy by nature, and he will land a few zingers from time to time, I predict. He has a great way of twisting faulty logic around to expose its silliness, and it usually is funny. But nobody is going to take these responsibilities more seriously than Al. He wants for the right things to be done, and he will work passionately to see that they are done. Paul Wellstone is his hero and role model, as we learned through the radio show. Having Wellstone's seat will place a heavy weight on his shoulders.

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Thank you for that. Al Franken is a good man.

I loved his radio show and his books.

It was, according to what I have read and heard
Paul W who got him interested in all this.

The Senate lost so much when Paul went down.

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Thank you Sarah Palin with your $150,000 wardrobe! That money probably cost Norm his seat. I still think the RNC should've sprung for the matching handbag.

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Do, a deer, a female deer
Re, a drop of golden sun
Mi, a name I call myself
Fa, a long long way to run!

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When Al Franken gets sworn in as the junior Senator from Minnesota, he is going to stumble through the same learning curve he did when he started his campaign against Coleman. Against Coleman, the issue was an inexperienced campaigner against an experienced one, and the gap showed in the early going. Once in the Senate, Franken, the official with no elected experience, no Senate experience, will be rolled by the old dogs of the Senate, from both sides, until he learns the ropes of legislative maneuvering. An experienced staff will go a long way toward mitigating this, but the important thing is not to expect big things from him out of the blocks just because he has high name recognition.

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Why, oh why does this site send me to a new sign-in page, then to my profile page (I don't want to change it, I liked it the way it was when I first made it, it's FINE the way it is, I already know what's in it), and then give me no way to go back to the page I was trying to sign in for? Jeez! I had to search my history. Is this a glitch, a bug, a block, what?

Anyway, I hope Al wins because I think comedians are smart, adaptable, perceptive, and think on their feet, and because I think Al cares about the right things. And because I sent him money and I'm not even from Minnesota.

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Welcome to LIBERAL minnesota... The ONLY state to vote demecratic when Ronald Regan was elected.... What doe that tell you? Just keep fudging the numbers till you get your man in the senate guys.

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"What does that tell you"...

According to facts, and history, (the natural enemy of conservatives) it tells me, and everyone who uses that thing called a brain, that the democratic presidential candidate was from Minnesota.

And to think that if this recount was taking place in Massachusetts you could then say: the only state not to vote for Nixon, and what a honest guy he was.

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And me, I'm Senator Al Franken

And me, I'm Senator Al Franken

And me, I'm Senator Al Franken

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now that the mn senate race is pretty much rapped up, my biggest nov 4 disappointment is now bachman.

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Congratulations to soon to be Senator Fraken . It bodes well that we will have many long years of progressive rule in all three branches !

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