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Coleman Campaign: 'Very Encouraged' by Supreme Court Hearing

Ben Ginsberg, lead counsel for former senator Norm Coleman's campaign, said he was "very encouraged" by the oral arguments in the Minnesota Republican's state Supreme Court challenge to the results of the 2008 election that appear to show Democrat Al Franken winning by 312 votes.

"It was a well informed, interested court who asked probing questions," said Ginsberg on a conference call with reporters this afternoon. "We feel very good about the arguments."

Ginsberg's read on the hearing, which may well be the last step in a process that has extended for more than six months beyond election night, was not echoed in the coverage of the proceedings.

The St. Paul Pioneer Press headlined its story on the oral arguments "Senate hearing: Justices ask tough questions of Coleman's attorney" and includes this line: "Several justices asked tough questions of [Coleman lawyer Joe] Friedberg, including whether state rules on absentee votes are clear and forcing him to concede that there was no widespread fraud in the election."

In a live online chat -- those are all the rage these days -- Star Tribune politics editor D.J. Tice wrote that the lawyers for Coleman and Franken "both got roughed up, and both handled it pretty well."

Neither the Minnesota Supreme Court nor Ginsberg would offer a timeline for a final decision on the case. "Guessing on how long courts take is not a productive use of time," said Ginsberg.

Most neutral observers believe that Coleman's case is a longshot given that he has lost a series of appeals over the last few months. Coleman and his legal team have been unwilling to speculate on whether they would appeal at the federal level if the state Supreme Court rejected their arguments.

National Democrats have been vigilant in insisting that the case should end -- one way or another -- after the Supreme Court rules.

"We have always said Norm Coleman deserves his day in court but the Minnesota court system should be the end of the road for former Senator Coleman," said Democratic Senatorial Campaign Committee Chairman Bob Menendez (N.J.).

By Chris Cillizza  |  June 1, 2009; 4:00 PM ET
Categories:  Senate  
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Comments

JakeD: "I can go golfing or sailing" or pet my NEW dog!

Posted by: nwsjnky1 | June 2, 2009 11:53 PM | Report abuse

"Now that Pawlenty will not be running for a third term, what will the liberals use as a fear tactic to force Pawlenty to wrongfully sign the election certificate for Franken when the Minnesota Supreme Court likely inevitably rubber stamps the violations of Minnesota and federal law which commenced with counting of Phantom ballots by the Election Canvassing Board and which violations continued with the three court panel that occurred in this Senate recount?"

kwoods2, I'll remind you that one of the three judges in the first appeal (unanimous against Coleman) was appointed by a Republican, and two of the five judges considering this appeal are Pawlenty appointees. The onus was on Coleman to prove that the three judge panel overseeing the first recount appeal ruled inappropriately. My guess is the five judges on this appeal will be unanimous for Franken, because the Coleman argument, as far as I could see, did not show evidence of systematic bias against him. If even the Pawlenty-appointed judges deny this appeal, is it still a "rubber stamp?"

Posted by: pdech | June 2, 2009 5:52 PM | Report abuse

Now that Pawlenty will not be running for a third term, what will the liberals use as a fear tactic to force Pawlenty to wrongfully sign the election certificate for Franken when the Minnesota Supreme Court likely inevitably rubber stamps the violations of Minnesota and federal law which commenced with counting of Phantom ballots by the Election Canvassing Board and which violations continued with the three court panel that occurred in this Senate recount?

Posted by: kwoods2 | June 2, 2009 5:05 PM | Report abuse

6 - Pawlenty will never be a serious candidate for the presidency. By the time there's an opening, the republican party will have passed him by.
DAStubbs,
Minneapolis
_____
Pawlenty should consider running against Frankin when he is up for re-election.. Frankin has one term (if it ever starts) written all over him...

Posted by: sovine08 | June 2, 2009 4:39 PM | Report abuse

As I said on the Romney thread, if the economy is WORSE in 2012 than it is now, the Republicans (Palin or not) will beat Obama.

==

You guys are despicable. First you hope for a terrorist attack, now you hope the economy tanks (and everyone forgets that it was the GOP screwed it up). Some patriotism you weeners have.
Posted by: chrisfox8
____
Don't know who made the first comment but how do you get from someone saying "IF the economy is worse" TO "HOPING the economy tanks"?? He or she NEVER said they HOPED the economy tanks (I doubt they ever hoped for a terrorist attack either).. You know after all those years of you guys hoping Bush would fail you figure you would know the difference...

Posted by: sovine08 | June 2, 2009 4:35 PM | Report abuse

It's really a lot better when their is no news about Franken/Coleman.. I say it's over by the Minnesota Summer Season (July 3rd to July 11th)... but then again, who cares?

Posted by: newbeeboy | June 2, 2009 4:26 PM | Report abuse

For the record, MITT Romney graduated from Harvard Law School and campaigned on behalf of Gov. Palin. Does anyone else have any questions?

Posted by: JakeD | June 2, 2009 3:20 PM | Report abuse

Wow -- the alleged Stanford Law summa cum laude graduate, the man so insecure he thinks posting fake academic credentials will boost his standing, wants his freak show party to run Sarah Palin, who is proven to be dumber than a box of rocks.

That would make jaked the only (alleged) graduate of an elitist law school to endorse this moron.

Posted by: koolkat_1960 | June 2, 2009 3:03 PM | Report abuse

Coleman Campaign: 'Very Encouraged' by Gov. Pawlenty's Decision to Retire and Note Sign the Certification ...

Posted by: JakeD | June 2, 2009 2:55 PM | Report abuse

maddadams writes
"Gov Pawlenty just killed his presidential prospects for the way he has let this go on and on and handled this."

He has enhanced his chances at winning the nomination. They are now perhaps 2%, so doubling his odds was a politically savvy move. The real problem he faces is the same one the whole party faces: how to attract swing voters in the general election. They have a couple years in which to come up with ideas, but time's a wastin'.

Posted by: bsimon1 | June 2, 2009 12:29 PM | Report abuse

Ben Ginsberg is indeed very encouraged... that he will be able to continue collecting his fees. Deep down I think he knows how flimsy his case is. He'll be happy to keep beating this dead horse until the bills are no longer being paid. SCOTUS here we come!

Posted by: pdech | June 2, 2009 12:25 PM | Report abuse

Gov Pawlenty just killed his presidential prospects for the way he has let this go on and on and handled this.

Posted by: mattadamsdietmanager1014 | June 2, 2009 12:11 PM | Report abuse

The truth will win in the end.

America my home!

Posted by: asiseeit2 | June 2, 2009 11:58 AM | Report abuse

Ever since the first (s)election of Bush the Lesser, I've become concerned that the United States has joined the ranks of those nations where it matters less who votes, than who counts the votes.

Franken should be seated, and Coleman should TRY to be graceful about it... it was a close race; Coleman can try again in a few years, especially if Franken doesn't do well for his state. And if Franken DOES do well for his electors, then to heck with Coleman: representing the people... that is what this supposed to be all about.

Posted by: Observer44 | June 2, 2009 11:51 AM | Report abuse

This is going to blow up in the Republicans face this week. I hope Coleman redeems himself and concedes quicky before this ruling in a few days.

Posted by: mattadamsdietmanager1014 | June 2, 2009 11:45 AM | Report abuse

After 8 years of "POLICIES AND CORRUPTION OF THE BUSH ADM." even a comedian can beat a republican who thought he was a senator. HA! HA!

Posted by: SWAMPYPD | June 2, 2009 11:27 AM | Report abuse

This election points up again, I will never
vote other than at the polls. I do not
trust that absentee votes get counted,
except when convenient.

Posted by: jilliangood | June 2, 2009 11:22 AM | Report abuse

The dopes in Minn voted for the loser Frankenstien so they can reap what they sow for all I care but since all Americans have to suffer for his win I think this needs to go as far as legally allowed. A race that was wrought with illegalities by Dems deserves a second and third look if necessary. If that comes out with Coleman still behind then so be it. All voter fraud in America needs to be cleaned up. If Frankenstien ends up in Congress remember it's only temporary. The guy is certifiably nuts and Republicans will win back plenty of seats in 18 months rendering his votes null and void.

Posted by: itsmesteph11 | June 2, 2009 11:13 AM | Report abuse

Norm Coleman is a dead man walking. Most Minnesotans are tired of his show and are ready for him to move on. Actually, they were ready months ago. The bigger question is how the federal investigation of money being passed to Coleman through a phony job his wife held will conclude. It seems clear that illegal actions were taken. Will Laurie be indicted? That's Norm's biggest concern now.

Posted by: tlehman1117 | June 2, 2009 10:55 AM | Report abuse

The only procedure followed commencing at the counting of 133 Phantom ballots, in violation to the 2008 state election law, was to follow Franken's illegal map to the U.S. Senate.

Posted by: kwoods2 | June 2, 2009 9:46 AM | Report abuse

I remember back in the winter when some posters said "the GOP will keep the Coleman-Franken recount in the courts until JUNE!" It looked like gross paranoia at the time, but now it looks prescient, don't it? Coleman lost and this mess only makes the GOP look small.

Who would think that the GOP would have so little regard for this country that it would:
willfully prevent the seating of elected officials
wish for our economy to fail
hope for another terrorist attack
defend torture of prisoners
marginalize their best minds from power positions in their own party?

Posted by: margaretmeyers | June 2, 2009 9:28 AM | Report abuse

jaked is totally creepy. Rarely have I seen arrogance and weakness so tightly tethered to each other. It's a non-stop freak show with him around.

Posted by: nodebris | June 2, 2009 12:57 AM | Report abuse

One more thing. It is folly to try to guess how a court may rule based on the questions asked counsel in an oral argument. Good appellate justices will press attornies on both sides of the issue, forcing them to defend their arguments.

Posted by: AlaninMissoula | June 1, 2009 10:22 PM | Report abuse

If Coleman applies directly to the Supreme Court for cert, it should deny cert for lack a significant federal question raised. States have the right to regulate their own elections. Of course, that is the way the Court should have handled W's appeal in 2000, as well.

Perhaps Coleman is under pressure from national party leadership to drag this out as long as he can, especially now that Franken would be the 60th vote. He is doing this even though he has likely ruined his political future in MN.

I don't really think this will affect the Sotomayor confirmation. I doubt the Republicans can get enough of their members to support a filibuster. I don't see Gregg, Snowe or Collins going along with it, and there may be others as well. Barring an unforeseen revelation that would call her character into question, I think her confirmation is just about a wrap.

Posted by: AlaninMissoula | June 1, 2009 10:14 PM | Report abuse

Keeping Franken shackled to the sideline bench makes it a wee bit harder to prevent a filibuster of Sotomayor.

==

they don't have the votes for a filibuster. About a third of the GOP Senators have already indicated she's OK with them. Some of them are seeing their lives flashing before their eyes, having barely squeaked by their elections as it is and coming from states with substantial Latino populations.

Too late though the damage is done, and "21%" is now optimistic. Only ones left now are the teabaggers.

Posted by: chrisfox8 | June 1, 2009 10:07 PM | Report abuse

Keeping Franken shackled to the sideline bench makes it a wee bit harder to prevent a filibuster of Sotomayor.

Posted by: FirstMouse1 | June 1, 2009 9:31 PM | Report abuse

Is there anyone who reads these comments who doesn't see Jake as starved for attention?!?

NOBODY else prompts for it like he does, nobody. "Let me know," "anyone else," and "those in good standing who have answered my questions in a civil manner" ... nobody else mewsl and whines like this. It's really creepy.

Posted by: chrisfox8 | June 1, 2009 9:30 PM | Report abuse

I agree with the commenter that thinks JakeD should get a dog. The dog will care about his opinions, and will always be ready to credit him for the intelligent and interesting things JakeD says to him. The dog will be grateful for the attention and everyone else will be spared JakeD's idiocy. It's a win-win!!!

Posted by: Renu1 | June 1, 2009 8:39 PM | Report abuse

Posted by: knjincvc | June 1, 2009 8:16 PM | Report abuse

"Nobody else who posts here, not even zouk, begs people to talk to him."

Hey, hey. The guy has a Stanford Law degree, a wife, interesting hobbies like boating and everything! He doesn't need to beg people to talk to him. Hell, I bet he has a lot of black and gay friends too, just like Sarah Palin says she has.

Posted by: DDAWD | June 1, 2009 7:50 PM | Report abuse

For the record "Anyone else?" is different than "Anyone. Please!! PLEASE!!!"

Posted by: JakeD | June 1, 2009 7:28 PM | Report abuse

Just to clarify, I'm not begging for anyone to talk to me.

==

We can read, Jake. "If anyone who will answer my questions wants to discuss this, let me know. Please. Anyone. Please!! PLEASE!!!"

Posted by: chrisfox8 | June 1, 2009 7:04 PM | Report abuse

Just to clarify, I'm not begging for anyone to talk to me. Someone, below, claimed: "the breadth and depth of republican strategy: if a democrat says it, disagree!" Since I am on the record as being an Independent, I simply stated that I would not be changing my position EVEN IF Obama agreed with it. Inviting anyone else to discuss that is not "begging" for anything. I'd much rather the thread die, and I can go golfing or sailing.

Posted by: JakeD | June 1, 2009 6:32 PM | Report abuse

Nobody else who posts here, not even zouk, begs people to talk to him.

Posted by: chrisfox8 | June 1, 2009 6:26 PM | Report abuse

LOL!!!

Posted by: JakeD | June 1, 2009 6:19 PM | Report abuse

For the record, I will not be changing my position (even if Obama happens to agree with me). If anyone -- who actually answers my questions to them -- wants to discuss anything, let me know.

==

Stop that pitiable mewling. If you want someone to care about you, buy a dog

Posted by: chrisfox8 | June 1, 2009 6:15 PM | Report abuse

jaked wrote: "If anyone -- who actually answers my questions to them -- wants to discuss anything, let me know."

For the record, no one who is familiar with you wants to "discuss" anything with you, you weeping cyst. Good luck finding newbies to fondle, though.

Posted by: nodebris | June 1, 2009 6:13 PM | Report abuse

For the record, I will not be changing my position (even if Obama happens to agree with me). If anyone -- who actually answers my questions to them -- wants to discuss anything, let me know.

Posted by: JakeD | June 1, 2009 6:10 PM | Report abuse

jaked wrote: "Even a broken clock is right twice a day."

How does it feel to be less accurate than a broken clock?

Posted by: nodebris | June 1, 2009 6:08 PM | Report abuse

Even a broken clock is right twice a day.

Posted by: JakeD | June 1, 2009 6:04 PM | Report abuse

bsimon1 wrote: "Or will you change your position now, in order to not agree with him?"

That does seem to be the breadth and depth of republican strategy: if a democrat says it, disagree! The results can be pretty laughable.

Posted by: nodebris | June 1, 2009 6:03 PM | Report abuse

" if the economy is WORSE in 2012 than it is now, the Republicans will beat Obama."

How insightful. The President has said that too, in case you hadn't noticed. Or will you change your position now, in order to not agree with him?

Posted by: bsimon1 | June 1, 2009 6:00 PM | Report abuse

THIS IS A DREAM????? The best thing for the Republicans to do which will repair their dignity, is for Norm Coleman to concede this week and they stop attacking Justice Satomyor. If that happens Republicans will start on a new path of coming back.

==

It's gonna take those idiots at least three more presidential losses before they doubt themselves enough to change course.

Posted by: chrisfox8 | June 1, 2009 5:58 PM | Report abuse

It would be better for Coleman to concede before the Minnesota Supreme Court makes its ruling. If he waits and it goes against him it will make him and the Republican look like nation political out cast mess and not american. This will hurt the Republican party badly.

Posted by: mattadamsdietmanager1014 | June 1, 2009 5:57 PM | Report abuse

As I said on the Romney thread, if the economy is WORSE in 2012 than it is now, the Republicans (Palin or not) will beat Obama.

==

You guys are despicable. First you hope for a terrorist attack, now you hope the economy tanks (and everyone forgets that it was the GOP screwed it up). Some patriotism you weeners have.

Posted by: chrisfox8 | June 1, 2009 5:57 PM | Report abuse

mattadamsdietmanager1014:

"Their" dignity, I though YOU said at 5:13 PM that you were a Republican?! Time to go back to DU.com, troll.

Posted by: JakeD | June 1, 2009 5:56 PM | Report abuse

THIS IS A DREAM????? The best thing for the Republicans to do which will repair their dignity, is for Norm Coleman to concede this week and they stop attacking Justice Satomyor. If that happens Republicans will start on a new path of coming back.

Posted by: mattadamsdietmanager1014 | June 1, 2009 5:52 PM | Report abuse

jaked wrote: "P.S. I also hope that the American Independent Party (my party) runs Gov. Palin ; )"

Hey, look at that! jaked finally starts admitting right up front that he's affiliated with a fringe whack-job party instead of nattering about being a "registered Independent." That's a substantial step for him, we should all be quite proud!

Posted by: nodebris | June 1, 2009 5:51 PM | Report abuse

"Technical glitches" -- that's another word for gross incompetence, isn't it?

Posted by: nodebris | June 1, 2009 5:48 PM | Report abuse

As I said on the Romney thread, if the economy is WORSE in 2012 than it is now, the Republicans (Palin or not) will beat Obama.

Posted by: JakeD | June 1, 2009 5:44 PM | Report abuse

Yeah the AIP, the "fastest growing party in America" ... by 2012 they MAY have enough voters to fill a row of high school bleachers.

I'm pretty sure Palin wants to run as a Republican, though.

As Romney's VP?

Why even bother holding an election?

Posted by: chrisfox8 | June 1, 2009 5:39 PM | Report abuse

JakeD:

I still don't care.

DAStubbs,
Minneapolis

Posted by: dastubbs | June 1, 2009 5:38 PM | Report abuse

The Fix writes
"Coleman Campaign: 'Very Encouraged' by Supreme Court Hearing"


This headline is ridiculous. When's the last time an attorney walked out of a courtroom and said "Wow, we got creamed"?

I think, if you review the record, Ginsberg has addressed the press outside the courtroom every day of this proceeding and basically said the same thing: "We feel pretty good about the next step." They'd fall further behind in the vote count, and there's Ginsberg "we feel pretty good about the appeal process." Back during the recount, "we're confident we'll get more ballots counted during the contest stage." The guy is a broken record, yet the press continues to dutifully report his predictions, without question. Its getting a bit comical.

Posted by: bsimon1 | June 1, 2009 5:37 PM | Report abuse

Coleman puts on his beanie, holds the scrolls under his arm, bonks his head and prays for God to intervene and make him Senator despite getting fewer votes.

Posted by: chrisfox8 | June 1, 2009 5:36 PM | Report abuse

Oh, I guess you "don't care" that I will not be answering your questions anymore. Good, I'm glad we got that straight.

P.S. I also hope that the American Independent Party (my party) runs Gov. Palin ; )

Posted by: JakeD | June 1, 2009 5:36 PM | Report abuse

JakeD:

I don't care.

DAStubbs,
Minneapolis

Posted by: dastubbs | June 1, 2009 5:33 PM | Report abuse

dastubbs:

You didn't get the memo that Rush resigned as "titular" head of the GOP?

Posted by: JakeD | June 1, 2009 5:31 PM | Report abuse

Cool. I hope you run Palin in 2012. She'll lose again and republicans will STILL be a minority party.

I'm happy with that if you are.

DAStubbs,
Minnepolis

Posted by: dastubbs | June 1, 2009 5:31 PM | Report abuse

No, I don't agree with that.

Posted by: JakeD | June 1, 2009 5:29 PM | Report abuse

Quoting JakeD:

"...if the Democrats really believed that Palin was as clueless as they claimed, then they would have been better off to vote for her, let her prove her ignorance, and then run someone decent against her in 2012."

============

You do agree that she proved her ignorance BEFORE anyone voted for her?

DAStubbs,
Minneapolis

Posted by: dastubbs | June 1, 2009 5:27 PM | Report abuse

mikeinmidland:

Using YOUR logic, if the Democrats really believed that Palin was as clueless as they claimed, then they would have been better off to vote for her, let her prove her ignorance, and then run someone decent against her in 2012. If she's bad enough, she "might" even be driven from office before that, right?

LOL!!!

Posted by: JakeD | June 1, 2009 5:22 PM | Report abuse

mattadamsdietmanager1014:

Weren't you the one who posted the following on every prior thread?

"Rest in Peace (RIP) Republicans!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! oh thanks RUSH,CHENEY,NEWT,HANNITY,BECK,O'RIELLY!!!!!!!!!!!!!!! Norm Coleman too thanks for making the Republicans a National discrace!!!!!"

YOU are a Republican in Name Only then.

Posted by: JakeD | June 1, 2009 5:20 PM | Report abuse

My predictions:

1 - Sixty seats for democrats in the U.S. Senate.

2 - The Minnesota Supreme Court will issue a unanimous verdict in favor of Al Franken.

3 - Gov. Tim Pawlenty will then issue the certificate of election to Franken based on the state court ruling.

4 - Norm Coleman will not appeal the ruling. But if he does, Franken will be seated in the Senate anyway. Should any court accept Coleman's appeal, subsequent rulings will favor Franken.

5 - Coleman is toast as a politician. Without a republican in the White House to instruct him how to vote, Norm is just lost. He'll become a low-end Washington lobbyist.

6 - Pawlenty will never be a serious candidate for the presidency. By the time there's an opening, the republican party will have passed him by.

DAStubbs,
Minneapolis

Posted by: dastubbs | June 1, 2009 5:19 PM | Report abuse


If the GOP really believed that Franken was as clueless as they claim, then they would be better off to seat him, let him prove his ignorance, and then run someone decent against him in 2014. If he's bad enough, he might even be driven from office before that, right?

Let him serve already!

Posted by: mikeinmidland | June 1, 2009 5:16 PM | Report abuse

Technical glitches is why I (and MITT Romney) send actual checks instead of donating on-line:

COLEMAN MINNESOTA RECOUNT COMMITTEE
PO BOX 14483
ST PAUL, MN 55114

Posted by: JakeD | June 1, 2009 5:14 PM | Report abuse

I am a Republican and this is so awful! Coleman is a sore loser and this is turning into a national mess and discrace for the Republicans. Coleman needs to stop this and move on an let Franken be seaten as the new Senator from Minnosota if he has any dignity left. This and the way the Republicans are attacking Justice Sotomyer will keep the Republinans as the minority party. Republicans will never recover after this and Gov Pawlty killed his chances for a 2012 run for Presidency by letting this go as long as it did. Poor Minnosota.

Posted by: mattadamsdietmanager1014 | June 1, 2009 5:13 PM | Report abuse

"Tine to donate to the Coleman Recount Fund again."

I love to see conservatives throw their money away!

Just watch out for his web site when you donate, folks; he revealed all his online donors' private information earlier this year. Oops! Make sure your money isn't stolen but actually goes to the lost cause of your choice.

Posted by: nodebris | June 1, 2009 5:02 PM | Report abuse

"Tine to donate to the Coleman Recount Fund again. "

May as well write the check to Franken - Coleman owes him about 90 grand for the prior phase of the trial.

Posted by: bsimon1 | June 1, 2009 4:33 PM | Report abuse

Tine to donate to the Coleman Recount Fund again.

Posted by: JakeD | June 1, 2009 4:21 PM | Report abuse

Interesting article about number of questions asked each side and based on that you can determine who will lose the case.
http://www.nytimes.com/2009/05/26/us/26bar.html?_r=1

Posted by: JohnAaron | June 1, 2009 4:18 PM | Report abuse

Posted by: bsimon1 | June 1, 2009 4:18 PM | Report abuse

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