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By Brad Friedman on 2/10/2009 1:05pm PT  

Speaking on wingnut radio Friday, MN's former Republican Senator Norm Coleman announced: "God wants me to serve."

No explanation was offered, however, for why God seems to have given more votes to his challenger, the apparent winner of the U.S. Senate race there, Democrat Al Franken.




Plus: An interview with TheUpTake.org's Noah Kunin, live from Minneapolis...
By Brad Friedman on 2/7/2009 6:19pm PT  

To quote myself from coverage earlier this week, in case you hadn't read it all the way to the end: "Had Democrats ever fought as hard for every single vote as Republicans always do in any election that even approximates being close, President Gore or President Kerry would likely have ensured a very different judicial balance on [the U.S. Supreme Court] by now."

Thanks to the tremendous work by TheUptake.org, I've been hypnotized for hours at a time this week by live video coverage from the Coleman/Franken U.S. Senate election contest in MN, via their live feed from the courtroom, attorney pressers and "post game" analysis each day. Their coverage, as citizen journalists, has been exceptional each day, and MN, as well as the nation, owes them a big thanks. The work of the TheUptake.org is the very prototype of "what's to come" in news coverage as we move forward into the brave new century.

[Disclosure: VelvetRevolution.us, an organization co-founded by The BRAD BLOG, has contributed in the past to TheUptake.org. Also: TheUptake.org needs funding to continue what they're doing! Please help them here if you can!]

Watching their coverage, and the various findings from the 3-judge panel in St. Paul this week, has both made my brain hurt, and made clear again what I've quoted myself noting above: Republicans will say anything, do anything, make any legal arguments --- no matter how much in wild contradiction with their very own previous statements and positions --- that they need, in order to fight for every vote they think they earned (and even many they know they didn't. In the bargain, nobody has called them cry-baby, tin-foil hat wearing sore losers or conspiracy theorists, and their strategy has already resulted in political gains (Al Franken, the apparent winner of the election by 225 votes, has not been able to offer his Democratic vote in the U.S. Senate while the trial continues), and could, if miracles and/or SCOTUS happens, result in an overturned election. Though that much remains very much a long shot.

While many of the GOP tactics here have been reprehensible, their strategy, of fighting for every single vote, is to be commended. The Democrats should --- but probably won't --- learn from it.

With all of that in mind, and in hopes again of not going too far into weeds, which is tough not to do (see our recent previous coverage, here, here and here, for example), what follows is my best stab at a very quick summary of the most notable events and rulings, etc. out of Minnesota this week.

Also, my audio interview with TheUptake's Senior Political Correspondent, Noah Kunin, from Minneapolis, as taped during my weekly Friday appearance on last night's Peter B. Collins Show, is also posted below...

--- Click here for REST OF STORY!... ---




With only 98 Senators seated, the number needed to hold off GOP obstructionism drops to 59...
By Brad Friedman on 2/3/2009 3:36pm PT  

Presuming President Obama's nomination of NH's Republican Sen. Judd Gregg as Commerce Secretary will be confirmed by his fellow Senators, and presuming the Democratic Governor of NH keeps his backroom "deal" and appoints a Republican to fill Gregg's vacated seat, then Democrats in the Senate ought to take advantage of some arcane filibuster math, and hold up the seating of that replacement until MN's Senate seat is properly filled.

As things stand now, while former Republican Sen. Norm Coleman is taking his sweet time in throwing everything he can think of against the wall to see what might stick, in hopes of winning his MN election contest against presumptive Senator-elect Al Franken, the Dems need two cross-over Republican votes, for a total of 60, to stymie any attempted GOP filibuster. (That math presumes that independent Senators Sanders and Lieberman both vote with the 56 currently-seated Dems, as they do on most matters.)

However, the Senate rule requiring a supermajority (three-fifths of the Senate) to shut down attempted fillibusters with a cloture vote, is based on the number of "Senators duly chosen and sworn" --- in other words, currently seated Senators.

With two seats vacant then, from MN and NH, after Gregg's departure, that would put the number of "duly chosen and sworn" Senators needed to stop a filibuster at just 59 (or, 58.8, to be precise, but since we're not allowed to count Lieberman as .8 of a human, the number needed for cloture would be 59)...

--- Click here for REST OF STORY!... ---




Wherein we all guess what the hell Coleman's ultimate endgame may be, even as he makes it up while going along...
By Brad Friedman on 2/3/2009 12:36am PT  

Remember back in 2000 when the Republicanists belittled elderly (and minority) voters, claiming that 'if they failed to fill out their ballots correctly, and failed to follow the simple voting rules, then they're idiots and their votes shouldn't be counted'? They made the case over and over again, cynically, of course, because it would mean that, even though more voters had intended to vote for Al Gore than George W. Bush (and actually did [PDF], had they bothered to count them all) Bush should still be allowed to "win" the Presidency.

Well, as we've had to say so many times during our previous coverage of the GOP flip-floppery that is the election contest of former Senator Norm Coleman against Al Franken in MN: that was then and this is now.

At right, take a look at the short, approximately 1-minute video of Coleman (and FL 2000 Bush v. Gore) attorney Ben Ginsberg, trying to keep a straight face in a presser after his team argued today that yet another cherry-picked voter/witness whose absentee ballot was legitimately rejected --- in this case because she failed to sign the ballot --- should have her vote counted anyway.

(Video courtesy of TheUptake.org. Disclosure: VelvetRevolution.us, co-founded by The BRAD BLOG, is a financial contributor to TheUptake.)

Like we said, that was then and this now. So never mind that whole "voter fraud" argument. Not useful today for the GOP opportunists. And now, while I'll try to stay out of the deep weeds tonight on today's proceedings at the Coleman/Franken circus (you're welcome), Nate Silver at FiveThirtyEight.com argues convincingly --- based on fairly reliable reads of usually-predictable WSJ and other Wingnut Tea Leaves --- that Team Coleman may ultimately be angling for a do-over. That is, a re-vote for the entire election.

He may be right. Though there may be another plan, even though admittedly, the Coleman campaign is largely making all of this up as they go along, and any or all of the following guesswork may end up being their "strategy"...

--- Click here for REST OF STORY!... ---




Wherein everybody flip-flops, Coleman makes a successful argument, but may have blown it with a 'phony' website crash and an horrendous argument for Internet voting...
By Brad Friedman on 1/30/2009 3:41pm PT  

This afternoon, Day 5 of the U.S. Senate election contest between former Sen. Norm Coleman (R) and apparent winner of the '08 election Al Franken (D), Coleman offered another reason, just in case you needed one, to oppose his return to the Senate:

In a press conference outside the courtroom held just a short while ago, Norm Coleman announced that if he gets back into the Senate, he'll work on ways to make it easier for young people to vote online.

While we're in favor of "young people," and as many other legal voters who wish to vote, actually getting to cast their votes and have them accurately counted, if you like our currently unreliable electronic vote counting systems, which employ untested, unsecured, hackable garbage, then you'll love seeing that system opened up to the Internet!

All that said, however, where Coleman's case began on Monday as little more than a comedy of one error after another, as we explained in some detail earlier this week, over Days 4 (yesterday) and 5 (today), his legal team seems to have found a bit of footing, even if they've had to counter most of their own legal arguments that they'd made previously to keep ballots from being counted during the post-election hand-counting of ballots.

At the end of that process, Franken was found, by the state canvassing board, to have defeated Coleman by 225 votes, out of 2.9 million cast, even though Coleman was slightly ahead in the vote count during most of that time, and thus, argued adamantly against including as many previously rejected absentee ballots as he could.

But that was then, when he thought he was winning, and this is now, when he seems to be losing...

--- Click here for REST OF STORY!... ---




Wherein 'voter fraud' no longer matters to Republicans...
By Brad Friedman on 1/28/2009 4:07pm PT  

While former radio talk show host and author Al Franken is consistently described in corporate media reports as "comedian Al Franken," it seems it's the legal team of former Senator Norm Coleman who are providing the laughs in the first days of the U.S. Senate election contest up in Minnesota.

When even the unapologetic, rightwing, "Franken is stealing the election!" nutcases and conspiracy theorists at Powerline describe Coleman's legal case as being of "Three Stooges quality," you know these guys must really be falling apart.

Such seems the case again on yesterday's Day 2 of the trial, following the disastrous Day 1 when the 3-judge panel tossed out doctored evidence, as submitted by Coleman's team. Today's Day 3 doesn't seem to be going much better for them, either.

Yesterday, two of the six voter/witnesses called by Coleman, to testify how they were disenfranchised when their absentee ballots were rejected, actually admitted that their ballots were properly tossed because they were, in some way, incorrectly --- or even fraudulently --- cast...

--- Click here for REST OF STORY!... ---




By Brad Friedman on 1/26/2009 3:43pm PT  

In what TPM's Eric Kleefeld describes as "a truly brutal moment, one that could undermine the credibility of Norm Coleman's whole case," the Republican fomer Senator's political director was called to testify about doctored evidence, as revealed by Al Franken's attorneys last week, which they'd submitted in their U.S. Senate election contest against the apparent-winner in Minnesota.

By the end of the day today, the first official day of the trial, the 3-judge panel threw out the tainted evidence --- photocopies of rejected absentee ballots where the Coleman camp had either removed written comments from election officials as to why they were rejected, or left in text added by the campaign itself --- and allowed Coleman's team to subpoena and then re-submit the actual ballot envelopes.

Pretty nice of them, considering they could have fined Coleman and/or struck the claim entirely, as Kleefeld notes in his coverage this afternoon.

As long promised, The BRAD BLOG has covered your electoral system 2008, fiercely and independently, like no other media outlet in the nation. Please support our work with a donation to help us keep going. If you like, we'll send you some great, award-winning election integrity documentary films in return! Details on that right here...



And other late updates from the ongoing U.S. Senate race in Minnesota...
By Brad Friedman on 1/23/2009 3:10pm PT  

From TPM:

At a pre-trial hearing in the Minnesota election lawsuit just now, Franken attorney Kevin Hamilton made a striking accusation: That the Coleman campaign has been doctoring evidence.

As an example, Hamilton showed two photocopies of a rejected absentee ballot envelope, one of which he said was the unaltered original, and the other taken from Coleman's legal filings in his attempts to get more of the rejected ballots opened. The Coleman copy was missing the section in which a local election official explained why it was rejected.

We are without words. Coleman's attorney "speculated that there may have been a photocopying problem." Sparse details in the rest of the TPM piece on this, but we'll see if we can learn anything further.

TPM's Eric Kleefeld also reports, in related articles, that former Sen. Norm Coleman's attorney was "openly heckled" by one of the judges on the three-judge panel --- this one, a Republican appointee.

And, in other news from Minnesota's U.S. Senate race election contest, apparent-winner Al Franken's bid to have the entire case dismissed was denied yesterday, while Coleman's hopes of receiving permission from the three-judge panel to inspect all ballots and voter rolls (in their search for votes, and hopes of delaying the formal beginning of the trial next Monday) was similarly denied.

Also, Coleman may be getting used to the fact that it looks like he's not going back to D.C.. He's accepted a "temporary" job as "a strategic adviser to the Republican Jewish Coalition (RJC)."

By the way, Franken seems constantly referred to as "comedian Al Franken" in mainstream news reports. Setting aside that he was most-frequently a radio talk show host for years, in addition to the author of several books, we can't recall any other candidate for office so consistently being referred to by their former occupation. Not that there's a bias in the corporate media in this matter or anything, just ask strategic adviser Norm Coleman.

UPDATE 1/26/09: The court tosses Coleman's "doctored evidence" on the first official day of the trial. Details now here...




The Democratic Senate Majority Leader Gets it Wrong Yet Again...
By Brad Friedman on 1/21/2009 6:37pm PT  

Can still-Senate Majority Leader Harry Reid do anything right? It wasn't enough that he blew two years of his mandate, since the Democrats took over Congress in 2006, with his usual pathetic dithering. It's not enough that following the 2008 election he rallied his fellow Democrats in the Senate to announce they'd not allow the seating of anybody chosen by beleaguered IL Governor Rod Blagojevich to fill the seat of Barack Obama, only to fold pathetically (and correctly) to allow the seating of Gov. Blagojevich's choice of Roland Burris to fill the seat of Barack Obama.

Now, in his second prominent act as Majority Leader since the election, as AP reports tonight, he's considering going ahead with the seating of MN's Al Franken, despite the fact that Franken's opponent, former Sen. Norm Coleman, is allowed, by state law, to challenge the results of the election --- which found that he lost by 225 votes --- in a court of law before the election is certified by the state's SoS and Governor.

Can Harry Reid do nothing right? According to AP tonight...

--- Click here for REST OF STORY!... ---




TPM: Lawsuit 'throws everything at the wall to see what sticks'...
By Brad Friedman on 1/9/2009 3:42pm PT  

On Monday, we reported on former Senator Norm Coleman's right to challenge the election results in Minnesota which found Al Franken the winner by 225 votes before Franken is officially seated by the Senate.

That is, of course, the appropriate way to allow for election challengers to have their day in court, without nearly-insurmountable prejudice being stacked against them by having their opponent already seated. Incredibly enough, that's not the way most states do it, as most send officially certified results to Congress --- effectively, and Constitutionally, according to judicial precedent, handing jurisdiction of the seating of the member to a partisan Congress, robbing voters and local courts of having the final say --- before legal election contests are fully settled.

On Tuesday, Coleman filed his expected election contest in state court, which Franken's attorneys memorably described as "the same thin gruel, warmed-over leftovers ... that they have been serving the last few weeks."

We've been on the road since the complaint was filed, and haven't had time to review the 204-page suit [PDF] ourselves, but thankfully, TPM's Eric Kleefeld has done so, and reports it as "a marvelous thing"...

--- Click here for REST OF STORY!... ---




By Brad Friedman on 1/8/2009 12:30pm PT  

...For Coleman.

Imagine the round-the-clock phony "outrage" from the Public-air Propagandists (Fund, Limbaugh, Hannity, etc.) you'd be hearing about "felons voting in the MN Senate race!" had the felon voted for Franken. Such as it is, however, he voted for Coleman, so it doesn't actually "matter".

But now that we're here, can we finally do away with these stupid restrictions on felons voting? Especially if they're out of jail, as this one was. He was on supervised release, after being convicted and imprisoned in 2004, when he was 20, for having sexual contact with a 15-year-old girl.

On Election Day, he had left a voice message for his supervisory agent that he was going out to vote, only to come home later to find out from the agent that he had broken the law. He has since pleaded guilty to illegally voting.

"I was just excited that the presidential election was coming up and I would be able to vote," he said. "I had never voted in my life. ... I really wasn't aware that I couldn't vote."

Why should felons --- often more directly affected than most by government laws, good ones or bad ones --- be disallowed from having a voice in the government that makes those laws? Particularly after they've served their time in jail?

I realize that may not be a "politically correct" point of view in many quarters. But I don't care. If you're out of jail, of voting age, able to participate in society, and are bound to the laws of that society, you ought to be able to excercise your voice in that society by being able to cast a vote in a democratically-held election. Period.

I realize that felons, even after release, may have other rights taken from them, but voting doesn't seem as if it should be one of them. If you have an argument to the contrary, of course, I'd certainly be interested in hearing what it is




By Brad Friedman on 1/7/2009 10:34am PT  

Said Norm Coleman, as he announced his election contest:

"Democracy is not a machine. Sometimes it's messy and inconvenient, and reaching the best conclusion is never quick because speed is not the first objective, fairness is."

He also added, as if he was serious, "We are filing this contest to make absolutely sure every valid vote was counted."

The sore-loser Coleman, who refuses to move on, was explaining his tin-foil hat conspiracy theories of a stolen election to reporters and cry-baby supporters, as he made the sour-grapes comments which threaten democracy, as quoted above.




Excellent provision in MN law requires election challenges settled before U.S. Congress is given jurisdiction over Senate seat
PLUS: Some free advice for Coleman's election contest court challenge...
By Brad Friedman on 1/5/2009 2:28pm PT  

-- Brad Friedman, The BRAD BLOG

The state canvassing board in Minnesota has now certified Al Franken (D) as the winner over incumbent Sen. Norm Coleman (R) in the race for the U.S. Senate. Barring a successful legal challenge, which has now been filed by Coleman, Franken will have won the seat by an astoundingly close 225 votes, out of some 2.9 million cast.

But there's still a chance, albeit a slim one, for Coleman to reverse his fate. A very good provision in MN's law --- not found in most other states --- may delay Franken's seating, meaning he will not be sworn in with rest of Congress at the beginning of the new session slated to start tomorrow. Ultimately, however, the provisions should ensure that whoever is eventually sworn in to serve as the state's Senator will not be forced to serve under a cloud.

The voters of MN deserve that much, no matter how long it takes, and thankfully, like its hand-count laws, the state's provision requiring the completion of legal challenges before final certification is sent to Congress by the Sec. of State, is a model for the nation.

Would that all of the other states in the union had such a provision...

--- Click here for REST OF STORY!... ---




It's (almost) all over, but for 1,600 (uncounted) ballots and one (likely) court case in MN's U.S. Senate seat...
By Brad Friedman on 12/24/2008 4:08pm PT  

One last update before the two Jews running for the U.S. Senate in Minnesota stop to celebrate Christmas.

It's almost all over but the court case, and even that, if it happens, doesn't seem to have much left to stand on. In summary then, here's where we now are in the extraordinarily close U.S. Senate hand-count in MN...

--- Click here for REST OF STORY!... ---




MN Supremes: Count the Incorrectly Rejected Absentee Ballots
UPDATED 12/19/08: Franken Currently Leads Count by 251...
By Brad Friedman on 12/18/2008 9:41pm PT  

[UPDATED at end of article with today's (Friday's) latest numbers.]

As thousands of challenged ballots from both Sen. Norm Coleman (R) and challenger Al Franken (D) are being decided by the bi-partisan state canvassing board in the U.S. Senate race in MN, AP says it's currently a 2 vote race, out of 2.9 million ballots cast, in favor of Franken.

That said, as all of the challenged ballots are finally counted over the next several days (and weeks), the lead could go back and forth a bit each night. The Star-Tribune, which puts today's margin at 5 votes in favor of Coleman, currently projects that Franken will ultimately win by 89 votes...

--- Click here for REST OF STORY!... ---




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