Coleman Going To Court Against Lawsuit From Franken Voters
Norm Coleman's legal team has now filed a motion to intervene against a class-action lawsuit that has been lodged by 64 voters, who all appear to have been Franken supporters, who say their absentee ballots were wrongly rejected and should be put into the count.
As we've reported, the Franken team has been reaching out to supporters whose ballots are still uncounted, helping them to go to court.
Coleman's lawyers might have a point in arguing that this matter properly belongs with the court handling his lawsuit against the election result. But one line in the filing is pretty telling: "Coleman is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect his interests."
In plain English: If these votes are counted, I'll be in even worse trouble than I am already.
Late Update: The state Supreme Court has referred this lawsuit to the election-contest court, essentially agreeing with Coleman's lawyers on one of their points. Note that this action does not comment on the merits of the voters who filed the suit -- they simply agreed as to what the proper venue is for examining this.















Eric, love the translation.
Question, how many lawyers does the Coleman 'campaign' have retained? Also, can we still call it a campaign?
January 16, 2009 11:35 AM | Reply | Permalink
I am pretty sure he's reached the point of having more lawyers than supporters. Is there some critical mass we need to be careful of? Perhaps Eric's suggestion of transporting the glowing turd stick to Yucca Flats was indeed prescient...
January 16, 2009 11:46 AM | Reply | Permalink
Let every vote count, right Norm?
Putz.
January 16, 2009 11:49 AM | Reply | Permalink
Let every vote for Norm count. The others can get screwed.
January 16, 2009 12:12 PM | Reply | Permalink
i'm on norm's side in one way.
i don't like having individual voters going to court to have their vote counted.
January 16, 2009 12:13 PM | Reply | Permalink
Why the hell not? Who suffers the most harm when a properly cast vote isn't counted?
January 16, 2009 1:54 PM | Reply | Permalink
I don't like that voters should HAVE TO GO TO COURT TO HAVE THEIR VOTES COUNTED!!!!
How ridiculous is that?
January 16, 2009 3:59 PM | Reply | Permalink
Hey, it worked for Bush in 2000. What has he got to lose? He’s already lost his integrity, self-respect, and the election.
January 16, 2009 12:14 PM | Reply | Permalink
He refinanced his house 11 times and his wife even got $75,000 in undeclared contributions when their kitchen remodel went over bid. It's called HELOC abuse and "pay to play" politics. It's no wonder that business groups were funding his final month of the campaign. Wouldn't want someone in the seat who might vote their conscience, now would we? At least he can still use campaign contributions for legal fees. Go Al!
January 16, 2009 12:15 PM | Reply | Permalink
I’m just wondering, Eric. Why do you show a picture of Coleman in a suit, and a picture of Franken in a casual shirt? Franken wears suits too.
January 16, 2009 12:17 PM | Reply | Permalink
Not a good sign for Coleman. If subverting the will of voters is where his best chances lie, then time to head for K street.
January 16, 2009 1:16 PM | Reply | Permalink
Eric, I think the line in Coleman's pleading you mark as "telling" is boilerplate pleading, as it parallels language in the Minnesota Rules of Civil Procedure for intervention as of right. Coleman has a clear interest in the matter disputed and can reasonably claim that the parties do not adequately represent his interest.
In Minnesota a voter has a statutory right to contest the non-counting of his or her vote. As a matter of judicial economy, it makes sense to roll those claims into the candidates' contest.
Was the judicial panel meeting with the contestants today? Did they produce a scheduling order?
January 16, 2009 3:50 PM | Reply | Permalink
In his posted, Eric Kleefeld has stated: "Coleman's lawyers might have a point in arguing that this matter properly belongs with the court handling his lawsuit against the election result". This is fair enough.
And he go on to state: "But one line in the filing is pretty telling: 'Coleman is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect his interests.'"
I am no "legal beaver", but given the fact that Coleman's lawyers are not legal dummies, I would suggest that there is some legal reasoning behind this phrase. What might that legal reasoning be?
Eric doesn't offer any suggestions. Rather, he decided to makes a glib pronouncement that what Coleman was really saying is that: "If these votes are counted, I'll be in even worse trouble than I am already."
Really? Is this really the import of the lines that Eric refers? Is this what Coleman and his lawyers really meant?
Or were Coleman and his lawyers really making the claim, in legal terms, that "the disposition of the action" might "impair or impede" Coleman's ability to have a fair hearing. I think that in the context of Coleman's motion, my explanation is at least plausible; whereas Eric's "plain English" pronounce is really nothing more than a very snarky, fully unsupportable, dumb-ass remark that does little to help anyone understand maneuvering now taking place between the Franken and Coleman legal teams. (It would appear that both Franken and Coleman are now throwing everything at the legal wall, trying to see what might or might not stick.)
The is an important election. It is important for a number of reasons, one of which is that it is serving as a model of a bipartisan commitment to electoral integrity.
I would have expected that TMP would have offered something resembling "informed comment". At least that's my "dumb-ass opinion". Why has Franken filed two legal challenges: one with the three judge panel; one with the Minnesota Supreme Court? Why do both challenges appear to be so weak, at least on the surface? Almost frivolously? Are they really as weak as they appear? If so, why would Franken peruse those challenges? If they are frivolous, wouldn't perusing then have the very really possibility of damaging Franken's image with members of the public. And there there is such a risk, why would he take it? Is there a possibility that Franken's lawyer believe that Franken's odd before the 3 judge panel might be weaker than the public's perception? Is there a chance that Franken's lawyers(unlike Eric? and many of his followers)do not assume that a Franken victory is necessarily "a done-deal"?
Oh, by the way: Is Reid's failure to peruse the seating of Franken really due to Reid's "lack of spine" or was Reid's raising the idea of seating Franken evidence of a serious "mental lapse on Reid's part? Inquiring minds might want to know? Perhaps, the "informed comment" at TPM might addresses this question straight on".
Parenthetically, Mark Ritchie has referred to Reid's calling for the immediate seating of Franken as "horse puckey." I agree with Mark.
Here is another question. Are the Secretary of State Mark Ritchie (Democrat) and the Governor Tim Pawlenty (Republican) together derelict in not signing an election certification for Al Franken? (Comments would suggest that Eric and some of his follower's buy into some kind of dereliction theory.) But isn't the real reason for the unwillingness of Ritchie and Pawlenty to sign an election certification at this time that Minnesota election law does not allow for that signing at this time. I would think that inquiring minds might like to know. Eric, where are you?
January 16, 2009 6:33 PM | Reply | Permalink