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Debunking evidence-free, sore-loser wingnuttery from John Fund and fiends. Again...
By Brad Friedman on 7/3/2009 9:45am PT  

In an unbylined Wall Street Journal editorial (why a liar and sore-loser like WSJ/GOP operative John Fund is so ashamed to put his name on his own writing we'll never know...okay, maybe we do), the once-respectable paper shamelessly asserts: "Mr. Franken now goes to the Senate having effectively stolen an election."

In response, we'll associate ourselves with TPM's Eric Kleefeld's take on it, calling it "an essay that is so full of factual errors and distortions about what happened, it can drive you nuts if you'd spent countless hours following all the gritty details like I did."

It's all par for the cowardly John Fund course, of course.

But since the sore-losing, sour-grapes, tin-foil hatted conspiracy theorists of the Wall Street Journal have taken the opportunity to propagandize the transparent Franken/Coleman election results by comparing them to the 2004 Washington state Gubernatorial race, where the Democratic candidate Christine Gregoire defeated Republican Dino Rossi during a long, sloppy post-election contest and court case, let's remind folks for the record, here in the reality-based community, what the judges in each case found in regard to the keyboard wingnut claims of "fraud"...

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




By Brad Friedman on 7/1/2009 10:05pm PT  

Please check out my editorial in response to the Franken election, as published at the UK's Guardian yesterday just after the MN Supreme Court verdict. Here's a taste...

When ballots are counted in secret (or, in many cases, not counted at all), democracy is dangerously imperiled. Lucky for Minnesotans, that wasn't the case up there, even if it meant some eight months without proper representation in the US Congress. It was worth the wait.

Transparency was no match for the conspiracy theorists, including the RSCC, the head of the Republican party and even the Republican National Lawyers Association, who embarrassingly joined the black helicopter crowd in touting evidence-free claims of Franken's "efforts to steal a seat in the United States Senate."
...
When democracy is visible to all, it works. When it becomes buried behind secrecy, insider tabulations and computerized black boxes, the very basis of our system of government is put dangerously at stake.

Transparency wins again. Along with the voters of Minnesota. Nice to see the voters win one for a change.

Check out the whole thing, if only for some of the whacky comments posted by some of the wingnut dead-enders over there. One of them, "MikeMichigan" wrote in response to my piece, channeling every nutball with a primetime show over in Crazy Land (aka Fox "News")...

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




Former Republican Senator's appeal unanimously rejected by state's high court; Franken 'entitled' to certification
[Update] Brad at UK Guardian: 'Voters win one for a change'...
By Brad Friedman on 6/30/2009 11:14am PT  

[Updated several times at end of article...]

The Minnesota Supreme Court has just ruled that Democrat Al Franken will be the state's next U.S. Senator, bringing to a close the months-long contest against former Republican Sen. Norm Coleman.

The decision was a unanimous 5 to 0 ruling, finding that Franken was "entitled" to be certified by the state's Republican Gov. Tim Pawlenty and its Democratic Secretary of State Mark Ritchie.

Pawlenty has recently said he would sign the certification for Franken, if ordered to do so by the MN Supremes. The state requires a signature for certification from both the Governor and the Sec. of State before Congress members may be seated. State law also allows for all election contests to be settled in the state before certification is signed.

Franken's seating would give Democrats a theoretical 60-seat, filibuster-proof majority in the Senate, following Arlen Specter's recent move to the Democratic party.

Franken, an author, former radio talk-show host, and comedian, was found, by a three-judge, tri-partisan election contest panel to have won the election by 312 votes following an historic, painstakingly careful hand count of nearly 3 million paper ballots cast in last November's election. Coleman may now appeal the decisions of the state canvassing board, the three-judge election contest panel, and the unanimous decision of the state Supreme Court to the U.S. Supreme Court...

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




Update: Coleman may throw in towel if he loses at MN Supreme Court, according to Roll Call 'sources'...
By Ernest A. Canning on 6/3/2009 4:53pm PT  

Guest Blogged by Ernest A. Canning

Minnesota Governor Tim Pawlenty (R) informed MSNBC's Andrea Mitchell:

I can't sign the certificate until the State court process is complete. We don't know who the winner is, but as soon as that process is complete and they give direction as to signing the certificate, I'm going to sign it…

Pawlenty's remarks are consistent with MN Election Law as interpreted [PDF] by the MN Supreme Court in Franken v. Pawlenty. (The latest MN Supreme Court action in Coleman v. Franken was recently covered here). MN law prevents either Governor Pawlenty (R) or Secretary of State Mark Ritchie (D) from signing the certificate once an election contest has commenced and before it is completed in state court. It is also consistent with the legal argument presented by Al Franken in his MN Supreme Court brief [PDF] that the MN Supreme Court should order the Governor and Secretary of State to perform what amounts to a "ministerial duty" to sign and countersign the certification of election upon the completion of the state court process. This statement follows, within one day, Pawlenty's announcement that he would not seek a third term as Governor.

[Hat-tip BRAD BLOG commenter 'FreedomOfInformationAct']

UPDATE 6/4/09: Roll Call now reports that Coleman also may be ready to throw in the towel if he loses at the MN Supremes: "Sources close to Coleman say the former Senator would likely give up his legal battle and accept defeat if the Minnesota Supreme Court decides in Franken's favor. That's because Coleman anticipates that Gov. Tim Pawlenty (R) would ultimately sign Franken's certification papers."

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Coleman Attny: 'Send it back to 3-judge panel'; Franken Attny: 'Confident' he'll be seated...
By Ernest A. Canning on 6/1/2009 10:42am PT  

Guest Blogged by Ernest A. Canning

From their respective press conferences following today's oral argument at the Minnesota Supreme Court on former Senator Norm Coleman's appeal of the results of his U.S. Senate election contest...

"We are asking that the court send it back to the three judge panel to apply the same standard as election night...Our case is in the offers of proof." - Coleman attorney Joe Friedberg

"The most important question is how long it will take to enfranchise 4,000 Minnesotans." - Former Senator Norm Coleman

"With a ruling from the State Supreme Court we’ll be at the end of this process...I am confident that at the end of the process...Al Franken will be seated." - Franken attorney Marc Elias

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




'Virtually identical' to previous arguments, legal team says; Also seeking order directing Gov & SoS to certify Franken's electoral victory
Oral argument set for June 1...
By Ernest A. Canning on 5/12/2009 3:51pm PT  

Guest Blogged by Ernest A. Canning

During a news conference yesterday (video here courtesy of TheUptake.org) Marc Elias, representing Sen.-elect Al Franken in the election contest brought by former Sen. Norm Coleman, announced the filing of Franken's brief [PDF] responding to Coleman's appeal [PDF] of the decision by the tri-partisan, three-judge election contest panel's ruling which found: "Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator and is entitled to receive the certificate of election."

Noting that, because of its ability to make credibility determinations, a trial court's factual findings are entitled to "great deference" in an appeal, Elias observed that Coleman had a "heavy burden" in showing that the three-judge panel erred on the facts and the law. He says it's a burden the Coleman team has not met in their appellate arguments. Elias noted that the legal contentions made in Coleman's opening brief were "virtually identical" to those that were made and rejected by the three-judge panel.

We discussed Coleman's arguments, and the three-judge panel's rejection of them, last month in 'For Coleman, the End is Near...'. As our legal analysis detailed, we agree with Elias' May 11, 2009 assertion that the Coleman legal challenge is "without merit."

For example, per Elias, Coleman attorney Ben Ginsberg continues to tell the media that 4,400 uncounted absentee ballots were improperly rejected, but as we observed...

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




Senator-elect Franken, when seated, will give democrats a filibuster-proof majority...
By Ernest A. Canning on 4/28/2009 1:06pm PT  

Guest Blogged by Ernest A. Canning

The New York Times just reported:

Senator Arlen Specter of Pennsylvania said on Tuesday he would switch to the Democratic party, presenting Democrats with a possible 60th vote and the power to break Senate filibusters as they try to advance the Obama administration’s new agenda.

Specter's announcement reflects an estrangement from the increasingly authoritarian, hard-right ideologues who now control the shattered remnants of the Republican Party. In California, the Republican Party passed a resolution to deny funding to six Republican lawmakers who joined with Republican Governor Arnold Schwarzenegger and Democrats, passing a budget to prevent this state from falling into an economic abyss. In the U.S. House of Representatives, every Republican acted as one to say “no” to a vital stimulus, offering only the very measures that led to the current economic meltdown—tax cuts for the wealthy. Three Republican Senators, Arlen Specter, Olympia Snowe and Susan Collins, had no sooner broke ranks in voting for a compromise version of the stimulus package before they found themselves targeted by conservative groups, with Specter facing a primary challenge from hard-right Republican Pat Toomey.

It is a testament to how far the remnants of the Republican Party have moved to the right that RNC Chairman Michael Steele suggests Specter would have been defeated by Toomey because of the former moderate Republican's "left-wing voting record."

As we pointed out previously, upon the anticipated denial of former Senator Norm Coleman's appeal by the MN Supreme Court, Senator-elect "Franken...would be in a solid position --- legally and politically --- to then lobby the Senate hard and directly for an immediate seating, even if Coleman chooses to continue his fool's errand with an appeal to the U.S. Supreme Court." Franken would become the 60th member of the Senate Democratic Caucus, ending the ability of the 'Party of No' to block the Democratic agenda --- unless either Susan Collins or Olympia Snowe beat him to it.

UPDATE 4/29, 5:55pm PT: In an op-ed appearing in today's New York Times Senator Snowe observed that "being a Republican moderate sometimes feels like being a cast member of 'Survivor' --- you are presented with multiple challenges, and you often get the distinct feeling that you’re no longer welcome in the tribe." Whether that means that she would be prepared to follow Specter off the reservation remains to be seen.




By Ernest A. Canning on 4/20/2009 9:51pm PT  

Guest blogged by Ernest A. Canning

Operating out of an undisclosed location, former Sen. Norm Coleman's attorney, Ben Ginsberg, announced that the Coleman legal team had filed a notice of appeal with the Minnesota Supreme Court, seeking to overturn the three-judge panel decision [PDF] declaring that Al "Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator and is entitled to receive the certificate of election."

Ginsberg asserted that the appeal was based on the same contentions made during the course of the election contest, especially as it relates to equal protection and an alleged disenfranchisement of some 4,400 Minnesota voters.

Franken attorney, Marc Elias, responded, noting that five of the six claims made by Coleman's appeal seek not to add additional votes but to delete votes already counted. Elias announced on TheUptake.org that he plans to file a motion on Tuesday with the MN Supreme Court asking that the court order expedited briefing, with Coleman's brief to be filed by Monday Apr. 27, and Franken's response on May 2.

There's not a whole lot new or unexpected yet here, for the moment, though a review of the political balance of the MN Supreme Court who will hear Coleman's appeal is probably worth a quick look, right about now...

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




The MN Contest Court's air-tight, 68-page decision leaves no room for doubt: Franken won; But when will he be seated?
We take a look at his options...
By Ernest A. Canning on 4/16/2009 3:48pm PT  

Guest Blogged by Ernest A. Canning

“This long delay in the seating of Minnesota’s second U.S. Senator has come at a time when our state badly needs help from Washington. Since Election Day, Minnesota has lost 56,000 jobs. Since Election Day more than 9,000 Minnesota families have lost their homes to foreclosure.”
--Senator-elect Al Franken (D-MN), 4/13/09 statement

The Monday, April 13, 2009 decision [PDF] came as as no surprise, certainly not here at The BRAD BLOG where we concluded on Feb. 22, 2009 that former Sen. Norm Coleman’s legal challenge to the Jan. 5, 2009 bi-partisan MN state canvassing board's determination that Al Franken had won the U.S. Senate election was “dead in its tracks.”

Earlier this month, at a time when the mainstream media got it wrong, we accurately reported that the April 7, 2009 order [PDF] meant that the last of the lawfully cast votes had been counted; that Franken won, and; Coleman lost. We went on to predict that the three-judge panel would likely “provide a written explanation of its denial of any other relief…when it enters a final judgment…” We added: “But make no mistake. There are no more votes to be counted. 312 votes is the margin of victory for Al Franken over Norm Coleman.”

In fact, there were no more votes to be counted, as we reported, even as the bulk of the rest of the media hedged their bets. So with the votes all tallied determining that Franken was the victor, and Coleman lacking any legitimate legal recourse, what are Franken's legal and political options, and when might he finally take his rightful seat in the U.S. Senate?...

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




World's most influential news outlet 'breaks' the news again
Downplays the WINNER of the U.S. Senate race in MN, following final ruling from bi-partisan state election contest court...
By Brad Friedman on 4/13/2009 5:09pm PT  

That's right, according to AP tonight, following the just released final ruling [PDF] from the 3-judge election contest court in Minnesota, Senator-elect Al Franken (D-MN) is not the "winner" of the election. Rather, he's merely the "leading vote-getter."

Are they kidding?! "Leading vote-getter"?! Apparently not.

Will that be how AP reports the results of elections on Election Nights from now on? The one with the most votes counted in the unofficial results will be the "leading vote-getter"? Somehow, we've got the feeling that AP's headline refers only to this race, and only since it's Franken, not Coleman, who actually won.

As The BRAD BLOG pointed out late last week, Franken isn't "leading" as the New York Times, MSNBC and others reported it last week after the court's final tally of all lawfully cast ballots concluded. And he certainly isn't the "leading vote-getter." Franken won. After one of the most painstaking and transparent hand counts, and then one of the longest election contests in U.S. history, it has been determined that Franken received more lawfully cast votes than anybody else in the race. Period. Furthermore, he has no legal leg to stand on in his likely appeal(s), as we detailed last week. All of that makes Franken the winner of the election, and former Sen. Norm Coleman the loser.

If Coleman wishes to try to overturn Franken's win --- and he's promised an appeal to the MN Supreme Court at the very least --- that's up to him. But Franken won the election. Got that AP? New York Times, et al?! Is that so difficult to report accurately?!

UPDATE 5:41pm PT: The rest of the media, other than AP, appear to be doing better in reporting on Franken's win tonight...

UPDATE 7:13pm PT: NY Times' headline: "In Minnesota, Another Blow to Coleman". Apparently "the paper of record" continues it's allergy to the word "win," along with AP. Downplaying the facts of the matter, Adam Nagourney writes tonight:

By any measure, this latest ruling – the latest in a string against Mr. Coleman – further diminishes his hopes of holding on to his seat.

"Further diminishes his hopes of holding onto his seat"?! That, despite the rather clear pronouncement in the MN court's ruling today [PDF]:

Franken received the highest number of lawfully cast ballots in the November 4, 2008 general election for United States Senator for the State of Minnesota and is entitled to receive the certificate of election.

Is that unclear?! In most worlds, other than the Times' and AP's in 2009, that would mean Franken has won. But the Times, like AP, just can't seem to say it. Now why would that be?

UPDATE 7:53pm PT: A commenter at DU notes wryly:

And in AP Sports...
Pittsburgh Steelers Leading Touchdown-Scorer
UNC Tarheels Leading Basket-Maker
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With a 312 vote victory for the Democrat, and nothing left to count, the corporate media continue to misreport the facts of the U.S. Senate election in Minnesota...
By Ernest A. Canning on 4/9/2009 5:45pm PT  

Guest Blogged by Ernest A. Canning, with Brad Friedman

In his March 31st article at Media Matters, Eric Boehlert contrasted the difference in corporate media coverage between Florida's 2000 Presidential election contest and Minnesota's 2008 U.S. Senate election contest. "Norm Coleman's a sore loser," Boehlert argued, and asked "Why won't the press say so?"

He details the striking difference in the corporate media coverage of the two races, where Florida 2000 was both much closer and, as it would determine the Presidency of the United States, arguably more 'important' to get right, and yet the constant media framing continuously painted Al Gore as a "sore loser" for not bowing out 'gracefully' or 'admitting defeat' in the days following the razor-thin election (which, as we would learn later, Gore had actually won, having received more votes across the state of Florida [PDF] than George W. Bush, had the U.S. Supreme Court not kept the ballots from actually being counted).

But to go one further than Boehlert, we'd ask not why the media fail to describe Coleman as a "sore loser," but rather, why it is that --- particularly since Tuesday's final count of any remaining, lawfully cast, previously uncounted absentee ballots --- the media fail to describe Coleman as the loser at all, much less a sore one.

From the New York Times to AP to MSNBC, and even Democracy Now! et al, despite all countable ballots having now been counted, and clear rulings having been issued by both the MN Supreme Court and the bipartisan three-judge panel overseeing the contest, the media seem to have developed an aversion to using the "L" word --- loser --- in their coverage of the MN contest. Perhaps it's because they're listening to only one side of the argument (Coleman's), but the facts of the case, and the many clear court decisions, leave no question that Franken is the winner, and Coleman is the loser. So why won't they say so?...

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




Tally concludes finding 312 vote victory for the Democrat, as the Republican contester prepares his final appeal(s)
But does the state's former Senator have a legal leg to stand on?...
By Ernest A. Canning on 4/7/2009 11:07am PT  

Guest Blogged by Ernest A. Canning

Author and former radio talk show host Al Franken, the Democratic challenger for the U.S. Senate seat in Minnesota, will be the state's next U.S. Senator, according to a final tally by the bi-partisan three-judge panel overseeing challenger Norm Coleman's election contest against him.

This morning in St. Paul, officials from the Minnesota Secretary of State's office, under the in-court direction of the three-judge Election Contest panel in the former Senator's contest against Franken, tallied all remaining lawfully cast absentee-ballots that were not previously opened and counted. This was done on camera, in open court. The attorneys from both sides, along with the media, were all present.

The final tally of the remaining ballots was 198 votes for Franken, 111 votes for Coleman and 42 votes for "other." When this is combined with the initial 225 vote lead, certified by the bi-partisan State Canvassing Board in December, it adds up to a 312 vote Franken victory, arrived at by both a transparent, post-election hand-count late last year, and the additional tallies added under the painstaking care exercised by the three-judge panel in Coleman's three-month long contest trial.

Al Franken has now won the U.S. Senate seat, but do Coleman's promised appeal(s) stand a chance of winning? And will the Democrats in the U.S. Senate now assume their Constitutional right to dutifully seat the Senator from Minnesota?...

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




Just 400 previously rejected absentee ballots to be reviewed for possible counting
Finding seen likely to favor Franken; Coleman Attorneys vow to appeal...
By Brad Friedman on 3/31/2009 5:56pm PT  

Just in from St. Paul, the 3-judge panel in MN's U.S. Senate Election Contest have returned to issue a ruling...

In a potentially decisive ruling, a panel of three judges today ordered up to 400 new absentee ballots opened and counted, far fewer than Republican Norm Coleman had sought in his effort to overcome a lead held by DFLer Al Franken.

The ballots appear to include some that Franken had identified as wrongly rejected as well as ballots that Coleman wanted opened in his quest to overcome a 225-vote lead that Franken gained after a recount.

• The court's ruling is posted in full here [PDF]

Al Franken's attorney Marc Elias says: "We are pleased...Obviously, the math is going to be very difficult for former Sen. Coleman and his lawyers at this point."

Former Sen. Norm Coleman's attorney Ben Ginsberg admits: "It is pretty much of a longshot with that few ballots being put in play...We are disappointed. But we feel the court is wrong and we will appeal." During a teleconference this afternoon he strongly hinted they plan to appeal all the way to the U.S. Supreme Court, if necessary.

Earlier this week, Republican Sen. John Cornyn, chair of the Republican Senatorial Campaign Committee (RSCC) threatened "WWIII" if the Democrats seat Franken before they appeal the case to the U.S. Supreme Court, if necessary, and even if those appeals take "years."

After reviewing evidence for some 980 previously rejected absentee ballots, as submitted for consideration by both candidates, the judges found that just 400 of them met likely grounds for being opened, counted and added to the final results, though only once they are able to review the actual ballots themselves will they know for certain. They rejected Coleman's plea to use lenient standards for determining which ballots should be counted, holding instead to the strict rule of law, and allowing ballots only for possible counting if they were clearly, legally cast, according to very specific state parameters.

The judges review, they took pains to point out, was exceedingly thorough...

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




Will the shameful former Senator allow himself to be sacrificed as 'Republican Sore Loser for All Time'?...
By Brad Friedman on 3/30/2009 12:24pm PT  

As we wait for the 3-judge panel in Minnesota to issue their verdict in former Sen. Norm Coleman's U.S. Senate race, in which the Democratic challenger Al Franken was found to be the winner by a bi-partisan state canvassing board, D.C. lawmakers are cranking up the political battle which awaits beyond that decision, which could come any day now, and its predictable appeal to the MN Supreme Court by the loser (who will "probably" be Coleman, according to his own attorney).

Sen. "Big Bad" John Cornyn (R-TX), the chair of the National Republican Senatorial Conspiratorial Committee (NRSC), is now threatening "World War III" if the Dems try to seat Franken before a U.S. Supreme Court appeal is completed, or even a new federal suit that could be filed by Coleman in U.S. District Court if he chooses...even if those additional judicial processes could take "years"...

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




Joe Friedberg seems to be throwing in towel, pinning last of hopes on Hail Mary 'Constitutional argument' appeal...
By Brad Friedman on 3/20/2009 12:41pm PT  

According to a transcript of a radio appearance this week by former Senator Norm Coleman's attorney, Joe Friedberg, the Republican will most likely lose his election contest against Al Franken for the U.S. Senate seat in Minnesota.

Hotline's Jennifer Skalka quotes Friedberg as conceding that Coleman will "probably" lose when the 3-judge panel currently deliberating the case, which both sides rested last week, announce their verdict.

"I think it's probably correct that Franken will still be ahead and probably by a little bit more," Friedberg admitted, after announcing that he was "done" with the case.

The Democratic challenger, and now apparent Senator-elect Franken was certified by the bi-partisan state canvassing board to have received 225 more votes than Coleman, out of some 2.9 million cast, at the end of the painstaking, transparent, post-election hand-count of all of the states paper ballots. During the course of Coleman's election contest, which followed that hand-count, Franken gained another 50 or so votes after it was determined that a number of legally cast absentee ballots were inappropriately rejected by election officials.

The 3-judge election contest panel may reach their verdict at any time. Among their decisions is expected to be a finding on whether another 2000 or so rejected absentee-ballots, submitted for consideration by both Coleman and Franken, were "legally cast" and if their results should be added to the final totals. Even so, statistics mavens --- and results of already-counted absentee ballots --- suggest that Coleman will likely have a difficult time closing the gap against Franken, even if all of those currently-uncounted ballots are counted and added to the totals.

Coleman's lead attorney, Friedberg, would now seem to be admitting that and hanging any last hopes he may have on "a constitutional argument, and it's an argument suitable for the Minnesota Supreme Court, not for the trial court."

Our previous coverage of the Coleman/Franken election contest, is indexed here.

The short transcript, posted by Hotline, from Wednesday's interview with Friedberg on KFAN's Dan Barreiro Show, hosted by fill-in Ron Rosenbaum, follows below...

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




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