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…
In our last post on this matter we set forth the reasons why we felt a Coleman appeal continues to be “dead in its tracks,” as we originally argued as long ago as February, as based on information already on the public record even then. In particular, in the more recent piece, we observed that in alleging the disenfranchisement of 4,400 Minnesota voters.
The 7-week election contest, which concluded last week, was heard before three judges who were appointed by a Republican governor, a Democratic governor and an Independent governor, yet their decisions throughout were unanimous.
Coleman’s appeal has been filed with a seven member MN Supreme Court. Here’s the general political makeup of the MN Supremes:
- Four of the Justices, Chief Justice Magnuson and Justices Gildea, Dietzen and G. Barry Anderson were all appointees of Republican Gov. Tim Pawlenty appointees.
- Justice Paul H. Anderson was appointed by former Republican Governor Arne Carleson.
- Justice Meyer was appointed by the Libertarian-leaning independent Gov. Jesse Ventura.
- Former NFL Hall of Famer, Justice Alan Page, who formerly served on the staff of a Democratic Attorney General, was elected (as opposed to appointed) in 1992.
The Chief Justice and Justice G. Barry Anderson have recused themselves from the Coleman/Franken proceedings because they served on the MN state canvassing board, as appointed by Democratic Sec. of State Mark Ritchie, to oversee and adjudicate the recount last Decemeber. The state canvasing board certified Franken as having received 225 more vote than Coleman on Jan. 5, 2009.
While some commentators have suggested that Justice Dietzen should recuse himself because he has twice donated to Coleman campaigns, that contribution does not, in and of itself, establish bias. Though critics might rightly argue that there is, at least, an appearance of conflict of interest. If Dietzen ends up siding with Coleman’s argument, it could be a basis for questioning the court’s ruling.
If donations to a political candidate were the sole determinant on whether a Justice should recuse themselves from this case, however, Republicans might similarly urge the recusal of Ventura-appointed Justice Meyer who has made contributions to Democrats, though none to either the plaintiff or defendant in this particular case to our knowledge.
If Dietzen decides to recuse himself, the makeup of the court hearing Coleman’s appeal would be 2 Republican-appointees, 1 Democratic-appointee, and 1 Libertarian-appointee who has a record of contributing to Democrats), so we could consider that as 2 Rs and 2 Ds. If Dietzen doesn’t recuse, the court would be made up of 3 Rs and 2 Ds.
Beyond all of that, and pending review of any unknown surprises in Coleman’s actual filing (which has not yet been posted as of this writing) nothing new has occurred to alter our opinion that Franken will prevail on this appeal. That is a perception that the Senator-elect, who has now named a state director so he can “hit the ground running on day one”, apparently shares.
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Ernest A. Canning has been an active member of the California State Bar since 1977 and has practiced in the fields of civil litigation and workers’ compensation at both the trial and appellate levels. He graduated from Southwestern University School of Law where he served as a student director of the clinical studies department and authored the Law Review Article, Executive Privilege: Myths & Realities. He received an MA in political science at Cal State University Northridge and a BA in political science from UCLA. He is also a Vietnam vet (4th infantry, Central Highlands 1968).
is there no legal precedent for preventing frivolous lawsuits that hold up election results???
OT ~ This is beyond disturbing ~ WTF ? ? ?
THE HORSE HOLOCAUST an EQUINE GENOCIDE
This is the work of fucking SOCIOPATHS !
and an international incident of terror.
Als die Nazis die Kommunisten holten,
habe ich geschwiegen;
ich war ja kein Kommunist.
Als sie die Sozialdemokraten einsperrten,
habe ich geschwiegen;
ich war ja kein Sozialdemokrat.
Als sie die Gewerkschafter holten,
habe ich nicht protestiert;
ich war ja kein Gewerkschafter.
Als sie die Juden holten,
habe ich geschwiegen;
ich war ja kein Jude.
Als sie mich holten,
gab es keinen mehr, der protestierte.
* When the Nazis came for the communists,
I remained silent;
I was not a communist.
When they locked up the social democrats,
I remained silent;
I was not a social democrat.
When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
When they came for the Jews,
I remained silent;
I wasn’t a Jew.
When they came for the Horses,
I remained silent;
I wasn’t a Horse.
When they came for me,
there was no one left to speak out.
Martin Niemà¶ller (1892~1984)
The Haitians are fed up Link
Are we there yet?
Dr. Lawrence Britt has examined the fascist regimes of Hitler (Germany), Mussolini (Italy), Franco (Spain), Suharto (Indonesia) and several Latin American regimes. Britt found 14 defining characteristics common to each:
1. Powerful and Continuing Nationalism –
Fascist regimes tend to make constant use of patriotic mottos, slogans, symbols, songs, and other paraphernalia. Flags are seen everywhere, as are flag symbols on clothing and in public displays. TOP
2. Disdain for the Recognition of Human Rights –
Because of fear of enemies and the need for security, the people in fascist regimes are persuaded that human rights can be ignored in certain cases because of “need.” The people tend to look the other way or even approve of torture, summary executions, assassinations, long incarcerations of prisoners, etc. TOP
3. Identification of Enemies/Scapegoats as a Unifying Cause –
The people are rallied into a unifying patriotic frenzy over the need to eliminate a perceived common threat or foe: racial , ethnic or religious minorities; liberals; communists; socialists, terrorists, etc. TOP
4. Supremacy of the Military –
Even when there are widespread domestic problems, the military is given a disproportionate amount of government funding, and the domestic agenda is neglected. Soldiers and military service are glamorized. TOP
5. Rampant Sexism –
The governments of fascist nations tend to be almost exclusively male-dominated. Under fascist regimes, traditional gender roles are made more rigid. Divorce, abortion and homo-sexuality are suppressed and the state is represented as the ultimate guardian of the family institution. TOP
6. Controlled Mass Media –
Sometimes to media is directly controlled by the government, but in other cases, the media is indirectly controlled by government regulation, or sympathetic media spokespeople and executives. Censorship, especially in war time, is very common. TOP
7. Obsession with National Security –
Fear is used as a motivational tool by the government over the masses. TOP
8. Religion and Government are Intertwined –
Governments in fascist nations tend to use the most common religion in the nation as a tool to manipulate public opinion. Religious rhetoric and terminology is common from government leaders, even when the major tenets of the religion are diametrically opposed to the government’s policies or actions. TOP
9. Corporate Power is Protected –
The industrial and business aristocracy of a fascist nation often are the ones who put the government leaders into power, creating a mutually beneficial business/government relationship and power elite. TOP
10. Labor Power is Suppressed –
Because the organizing power of labor is the only real threat to a fascist government, labor unions are either eliminated entirely, or are severely suppressed. TOP
11. Disdain for Intellectuals and the Arts –
Fascist nations tend to promote and tolerate open hostility to higher education, and academia. It is not uncommon for professors and other academics to be censored or even arrested. Free expression in the arts and letters is openly attacked. TOP
12. Obsession with Crime and Punishment –
Under fascist regimes, the police are given almost limitless power to enforce laws. The people are often willing to overlook police abuses and even forego civil liberties in the name of patriotism. There is often a national police force with virtually unlimited power in fascist nations.
13. Rampant Cronyism and Corruption –
Fascist regimes almost always are governed by groups of friends and associates who appoint each other to government positions and use governmental power and authority to protect their friends from accountability. It is not uncommon in fascist regimes for national resources and even treasures to be appropriated or even outright stolen by government leaders. TOP
14. Fraudulent Elections –
Sometimes elections in fascist nations are a complete sham. Other times elections are manipulated by smear campaigns against or even assassination of opposition candidates, use of legislation to control voting numbers or political district boundaries, and manipulation of the media. Fascist nations also typically use their judiciaries to manipulate or control elections.
I guess I should have mentioned, the above points, for anyone that hasn’t come across these prior, are the 14 Points of Fascism. The last one is especially relevant.
Blubonnet…. your post reminds me of Naomi Wolf’s 10 steps to fascism.
1. Invoke a terrifying internal and external enemy
2. Create a gulag
3. Develop a thug caste
4. Set up an internal surveillance system
5. Harass citizens’ groups
6. Engage in arbitrary detention and release
7. Target key individuals
8. Control the press
9. Dissent equals treason
10. Suspend the rule of law
She argues that the US has met each criterion.
I tend to agree.
She argues her case here http://www.guardian.co.uk/world...24/usa.comment
ArchiCoot: “She argues that the US has met each criterion”
It has infuriated me for quite a while that the talking heads imply that we are moving toward Fascisim or Authoritarian rule- we crossed that bridge some time ago.
Republican Sen. John Cornyn of Texas, chairman of the National Republican Senatorial Committee, has admitted in a remarkably candid interview with the Hill that he’s going to have an exceptionally difficult time keeping Democrats from gaining a 60-seat, filibuster-proof Senate majority in 2010.
We’ve known this since election day 2008, of course, but it’s quite remarkable to hear this coming from one of the captains of Team Elephant.
“That’s going to be real hard, to be honest with you,” Cornyn said of keeping Democrats from reaching 60 seats, adding:
“Everybody who runs could be the potential tipping point to get Democrats to 60. We’ve not only got to play defense; we’ve got to claw our way back in 2010. It’ll be a huge challenge.”
Well, that sure is inspiring.
http://www.dailykos.com/story/2...ouble-for-2010
so much for Norm’s stall tactics.BAWAHAHAHA
Republican Assemblyman Tedisco has conceded….when is Norm Coleman going to grow a spine and follow suit?
Political tumble pushes decisions at Tedisco
Saturday, April 25, 2009
By Michael Lamendola (Contact)
Gazette Reporter
20TH CONGRESSIONAL DISTRICT “” In the pecking order that marks Albany’s power politics, Assemblyman James Tedisco of Glenville has fallen far.
Where only recently he was riding high as Republican minority leader and a favorite to win the 20th Congressional District race, today he is a rank-and-file member of the Assembly, having resigned as leader.
And on Friday he conceded the congressional race to Democrat Scott Murphy
Article at
http://www.dailygazette.com/new...tediscofuture/
The readers over at FDL have pretty much written norm off…
http://campaignsilo.firedoglake...first-of-june/