Will The Senate Seat Franken Provisionally?
Senate Majority Leader Harry Reid's office is not yet committing to provisionally seating Al Franken, pending the outcome of the expected post-recount election contest litigation in Minnesota, as the date for new Senators to be sworn in gets closer and closer.
The suggestion to provisionally seat the declared winner of the recount -- who at this point is expected to be Franken -- was first made by Democratic Sen. Amy Klobuchar this weekend, in the interest of making sure the state would have full representation while the litigation is pending.
"At this stage, it appears that Franken will be certified the winner by the State Canvassing Board," said Jim Manley, a spokesman for Harry Reid, in a statement to Election Central. "We're keeping abreast of the situation and will make a decision with regard to Senate action at the appropriate point in the process."
Election Central also made calls to the Republican leadership offices, asking if they would allow or block a temporary seating of Franken, assuming he's ahead. A spokesman told us that they don't have any answer at this point.
A Republican controlled Senate provisionally seated Mary Landrieu back in 2002 until the challenges from her opponent were settled. If Reid doesn't have the stones to seat someone in his own party, man is he weak.
December 29, 2008 5:32 PM | Reply | Permalink
Harry Reid is a timid and tepid Majority Leader. He conducts himself much more like like a minority leader than the chief senatorial representative of the party that controls both houses of Congress - and soon the Executive Branch. You would think the Democrats had learned from the 2000 election in Florida the importance of assuming the victor's position as quickly as possible in a contested election. But evidently not. Harry's just afraid of offending anyone.
December 29, 2008 5:55 PM | Reply | Permalink
It's really strange. He was a lot more forceful when he was minority leader. I thought he would be OK but he's awful. I wish Dick Durbin or Chuck Schumer or Pat Leahey had the position.
December 29, 2008 5:57 PM | Reply | Permalink
I too kept my powder dry for a long time regarding Reid's failure to brandish the big stick. I'm not necessarily an advocate of big stick politics, it simply depends who you're working with but Reid has been far too timid with this gang of thugs. The top of the Democratic party think the only way to establish a permanent majority is triangulation, I disagree it's the only way but they may have a point about its efficacy, it sure is annoying though. And I think Reid should provisionally seat Franken, he's good enough, he's smart enough...
December 29, 2008 6:49 PM | Reply | Permalink
I'm shocked –– SHOCKED –– that "give 'em hell" Harry is showing a lack of spine in this instance. Simply unprecedented.
December 29, 2008 6:09 PM | Reply | Permalink
Just do it, Harry.
December 29, 2008 6:12 PM | Reply | Permalink
The 2002 Louisiana Senate race isn't really analogous. Perhaps you're thinking of the 1996 race with Woody Jenkins.
December 29, 2008 6:53 PM | Reply | Permalink
Yep. That's the one I'm thinking of. Thanks!
December 29, 2008 7:04 PM | Reply | Permalink
Actually this is nice squeeze even for you impatient ones. By threatening to seat Franken provisionally or "qualified status", if the State Canvass Board certifies the election. This provides motivation for the MN Canvass Board to do what people's will.
This then puts all the onus on Coleman into the Senate controlled by the Democrats although this is not simply partisan but it places the burden of proof on Coleman that he didn't win by some measure.
This squeeze only leaves Coleman the checkmate that he admits where admitting the 1300+ votes erroneously not counted.
December 29, 2008 7:08 PM | Reply | Permalink
Reid is a eunich. We need a Liberal as leader; Barbara Boxer, Feingold, or maybe Sherrod Brown.
Someone who isn't afraid of battle.
December 29, 2008 7:16 PM | Reply | Permalink
Reid isn't a wuss because he's not a liberal. He's a wuss because he has no balls.
December 29, 2008 8:01 PM | Reply | Permalink
John: Cute picture. Agree re: Boxer, etc. Reid is starting to annoy me almost as much as Lieberman.
December 29, 2008 8:41 PM | Reply | Permalink
I'll reiterate what I've been saying all along, and I wish I could say it to Harry Reid's face: establishment (i.e., Republican-lite) Democrats do not want Al Franken in the Senate. He intends to follow in the steps of Paul Wellstone, whose death inspired him to run.
A true commitment to working and middle-class Americans, combined with the bigger microphone Franken's celebrity will bring him, terrifies Democrats like Reid, who are eager to pass economic "stimulus" that benefits only their wealthy campaign contributors, while claiming that 42 Republicans prevent passage of any legislation that would actually benefit average Americans.
Al getting the Dems closer to a filibuster-proof majority, along with his unusually high media profile for a freshman Senator, mean "Democrats" like Harry Reid will do everything to prevent Franken's admission to their club, lest he threaten their desired perpetuation of the Republican status quo.
December 29, 2008 8:22 PM | Reply | Permalink
Oh please! I agree that they don't want Franken in the Senate but it's not because he's Paul Wellstone Democrat. There are several Senators in the Wellstone mold and they're fine with them. They don't want Franken because he's a comedian/celebrity!
They feel that his win would prompt more celebs to run and ultimately make it harder for boring lawyers/legislators like them to win. They also feel that the majority of the celebs are dillitentes who are just bored with their regular lives and think it would be "fun" to be in Congress. That's why Franken has to work like a field hand to prove himself *when* he gets there.
December 29, 2008 8:40 PM | Reply | Permalink
I'm not sure either of us can be exactly certain what is behind Reid's reluctance to help seat Franken (although we both agree that he is reluctant).
But to treat Franken like a run-of-the-mill celebrity is ridiculous. Al has been thinking seriously (even if writing comedy as a result) about politics for over thirty years now. He's a more serious political thinker than Harry Reid by a country mile; Reid has been your typical bland functionary who rose to the top of his profession simply by never pissing anybody off and living longer than his rivals.
This is the time to move a progressive agenda forward. I have alot more faith that an Al Franken will move that agenda forward than I do a Harry Reid.
December 29, 2008 11:53 PM | Reply | Permalink
if i understand correctly, the senate can seat who they want and reject who they want.
suppose an unscrupulous party got some super majority and decided not to let in minority party members?
December 29, 2008 10:06 PM | Reply | Permalink
That's when we storm Congress and hang them up by their toes.
December 29, 2008 10:54 PM | Reply | Permalink
toe balancing. that must be the check i missed.
December 29, 2008 10:58 PM | Reply | Permalink
Supreme Court precedent suggests that the Senate may have only limited discretion in deciding who it will seat. See http://volokh.com/posts/1229032345.shtml
There is still some dispute over that, apparently, but I think it's pretty safe to say that they would not be able to refuse to seat a properly credentialed Senator without cause.
December 30, 2008 12:29 AM | Reply | Permalink
I'm not sure either of us can be exactly certain what is behind Reid's reluctance to help seat Franken (although we both agree that he is reluctant).
But to treat Franken like a run-of-the-mill celebrity is ridiculous. Al has been thinking seriously (even if writing comedy as a result) about politics for over thirty years now. He's a more serious political thinker than Harry Reid by a country mile; Reid has been your typical bland functionary who rose to the top of his profession simply by never pissing anybody off and living longer than his rivals.
This is the time to move a progressive agenda forward. I have alot more faith that an Al Franken will move that agenda forward than I do a Harry Reid.
December 29, 2008 11:54 PM | Reply | Permalink
I know everyone hates Reid, but isn't this like the criticism of Obama not doing enough about [insert ANY issue] even though he won't be sworn in until January 20th?
Even though it seems inevitable Franken is going win - can the Majority Leader really just pluck some dude off the streets of MN and seat them provisionally? Without official results, which don't yet exist, what makes Franken anything more than some dude in the eyes of the law?
I heard the quote to mean: "Even though it appears the results are going Franken's way, the counting process is not yet complete. When the results are officially announced Reid will act." It seemed to imply Senate Democrats (notice I use the body inclusive, not unilateral executive leader) plan on implementing the certified results.
There are regional meetings all this week to resolve a couple thousand ballots. Franken is up by a whopping 46. The court-ordered deadline is Friday. That seems the appropriate time to announce the next move.
If Coleman does something shady, it seems smart to keep the powder dry instead of talking a bunch of smack every time some reporter yanks the chain. If Reid says "We will seat the declared winner" doesn't that demand the democrats seat Coleman if he's up by 2 on Friday - regardless what happens during this week's process? I don't think it'll happen, but saying anything today just seems fucking stupid.
Is this a republican viewpoint?
December 30, 2008 12:05 AM | Reply | Permalink
Reid's had two years to prove himself totally ineffectual. Get back to me about Obama in 2010.
December 30, 2008 2:24 PM | Reply | Permalink
Eric - Reid didn't "not yet commit" to provisionally seating Al Franken; he did not yet commit to provisionally seating the as yet undetermined declared winner. Your wording assumes facts that can not yet possibly be determined as true.
If you squished the beginning of the first sentence (up to "committing to") into the start of paragraph two, it might be less sensational, but it would have a lot more journalistic integrity(IMO).
December 30, 2008 12:20 AM | Reply | Permalink
They should seat Franken PERMANENTLY and tell both the Republicans and the idiot wishy-washy Minn. Supremes to go fuck themselves.
December 30, 2008 8:20 AM | Reply | Permalink