Coleman lawyer predicts Franken win at trial, promises appeal

[sabra]

Source: CNN

MINNEAPOLIS, Minnesota (CNN) — Joe Friedberg, the heavyweight Minnesota
criminal defense lawyer who’s been at the helm of former Sen. Norm Coleman’s
trial to overturn Democrat Al Franken’s Senate win in the recount, said Friday
he thinks Franken will win.

And, in a radio interview he added Coleman will be taking the case to the
state’s high court.

“I think that we’ve been trying this case with the appeal record in mind,
and that’s where we’re going,” Friedberg said in a Wednesday interview with
KFAN, a Twin Cities-area sports station.

“It’s going to be a very quick appeal,” he added.

Read more: http://cnnwire.blogs.cnn.com/2009/03/20/coleman-lawyer-predicts-franken-win-at-trial-promises-appeal/

[napi21]

1. How quick does the MN SC usually act? Would this be quick, or

are we usually talking MONTHS?

[No Elephants]

12. With only one Senator representing the state in Congress, the court will act as fast as it possibly

can. This has to be one of the biggest cases, if not the biggest, the Minnesota courts have seen--the state equivalent of Bush v. Gore.

I'm not sure if there is an intermediate appeal though. Usually a court system will have trial courts, appeals courts and a Supreme Court. I don't know if Franken-Coleman is at the trial level or the intermediate level right now.

However, I feel fairly certain that, after the State Supreme Court, Coleman/RNC will appeal to the fed Supremes, using the Equal Protection argument of Bush v. Gore as a model for their own arguments.

The SCOTUS said that Bush v. Gore was not to be used as precedent in deciding cases. However, that does not prevent Coleman from appealing to the SCOTUS. Let's be honest. That's where Republican election thiefs seem to have the best shot these days; and that thought just sickens me.


IMO, the people of Minnesota NEED to start now, pressuring Pawlenty to seat the winner of this case, even before Coleman/RNC appeals are exhausted. There is already a provision in Minnesota law that would "unseat" Franken if Coleman ultimately prevails. Oddly enough, no provision expressly allows Franken to be seated. One was pending in the legislature at some point, but I don't know whatever happened to it.

[BrklynLiberal]

20. The citizens fo MN should be protesting. They do not have the legally

delineated representation in the Senate that they are supposed to have.

[bullimiami]

2. once the decision is made the senate should seat him.

then the case should be rejected because the minn courts dont have jurisdiction over the senate.

[cobalt1999]

3. This has to be costing both side a fortune

Probably the first time the legal proceedings exceeded the money spent on the initial campaign.

[frebrd]

7. Well, I just gave Al another contribution .......

and am prepared to continue doing so for as long as it takes. I suspect most of his supporters are as stubborn as I am.

:)

Edited to add:
https://secure.alfranken.com/page/contribute

[callous taoboy]

15. Same here, will continue to do so each time they call.

[NBachers]

37. Me Too

I'm still way behind because of all the donations I made in the '08 election cycle. I don't regret a penny of it. I've been, of necessity, making no donation except to Franken since then.

Fortunately, after the dust clears, the Coleman campaign and their neocon financiers will make the biggest donation of all to Franken when they get forced to pay all Al's legal expenses for this fight.

*Gloat*Gloat*Gloat*

[beac]

58. And I'm sure Coleman's lawyer will be HAPPY to drag this cash cow case out for

as long as he possibly can. This posturing in the press is just part of that. Pathetic.

[tomhayes]

4. Constitutional arguments? Think he'd make those if he was 1 vote ahead?

I don't.

And Coleman's latest argument seems to be that the election system in Minnesota is inherently flawed and that no contest can ever be 100% perfect (only 99.99999%) which leads to a 14th amendment violation.

So all results in all elections in Minnesota will have to be voided if he wins, no?

[xchrom]

5. where is coleman's money coming from to keep this going? nt

[Hawkeye-X]

6. Where else?

RNC and all the Rethuglican committees are still fundraising.

[xchrom]

9. so they are spending money -- a sizeable amount -- on an 08

election -- with 10 right around the corner?

good.

[sabra]

10. they are enjoying seeing the Senate Dems being - 1

especially it being Al Franken :crazy:

[xchrom]

11. LOL -- well they can 'splain it

to others in 10 when their war chest is diminished.

and i'll enjoy that.

[No Elephants]

16. Even with Franken, the Dems would be one vote short of any vote that requires 60

votes, whether by Senate rule or because our fearless leader, Reid, has given in to the Pubs and "compromised" on a 60 vote requirement where the rules don't even call for it. Sigh.

Be that as it may, Franken's vote is going to be needed more than ever, now that there is a new Democrat or some such "coalition" intent on blocking Obama's agenda.

I tell ya. It's like herding cats.

[Lorien]

52. Gingritch managed to block Clinton's agenda with a far smaller minority

I think that we just need far better leadership in the Democratic house and senate.

[Alexander]

55. Look where that got him.

There is such a thing as overreaching.

But I agree with your point.

[No Elephants]

59. Agreed. I've "wondered" why the Dems get screwn when they're in the

minority AND when they're in the majority AND have a President in the Oval Office.

Then again, we now have the Blue Dog coalition.

I'm telling ya, it's like herding cats, it is. And we don't have great catherds. Oh, for another Speaker like LBJ or Tip O'Neill.

[AZ Criminal JD]

34. Both sides are. Not so good.

[pacalo]

8. Will the fact that Coleman is going to keep this in the courts with an appeal delay Franken's being

seated in the Senate?

Coleman's attitude is outrageous. This game-playing is nothing more than a GOP ploy to prevent the Democrats' majority from adding another vote. GOP funding for this dirty debacle is more than probable, imo, & it's only justice that they also pay for the entire court costs.

[No Elephants]

13. It could, but it does not have to. Pls. see Post # 8.

[pacalo]

22. Thanks, No Elephants...

I did find the answer in #16. ;)

[No Elephants]

29. You're very welcome, pacalo.

[liberal N proud]

14. Coleman plans on dragging this thing out until the next election

[bluestateguy]

17. We need lawsuit abuse reform now

http://www.facesoflawsuitabuse.org/

[pleah]

18. I hope they throw the "appeal" out very " quick".

;-)

[BrklynLiberal]

19. Can you possibly imagine the whining, kicking and screaming that would be going on

in the MSM if the situation were reversed?
This is not even being discussed anymore on the news outlets.

[wackywaggin]

21. Seat Franken and sue Coleman for depriving Minnesota

of Minnesota's representation in the US government operations.

:smoke:

[Gregorian]

23. Coleman is a total asshole. And a very sore loser.

This isn't about Coleman. But being a republican, it's always about them, not the country.

Sorry, I just had to get that off my chest.

[struggle4progress]

24. Norm Coleman's Lawyer In Truth-Telling Outrage (Gawker)

Soon-to-be-former Minnesota Senator Norm Coleman has some of the best lawyers dirty money can buy. And one of them just basically admitted that his current strategy is "tie this election up in court forever." Joe Friedberg gave Norm Coleman's closing arguments last week, and then yesterday he went on the local sports talk radio station ... And he gave away his whole .. strategy: lose ... Hah. Soooo this is Coleman's plan: once the interminable current lawsuit is finished, and everyone in Minnesota is pissed off at him for dragging this out, he will appeal. Brilliant! ... http://gawker.com/5176932/norm-colemans-lawyer-in-truth+telling-outrage

[Thor_MN]

42. He already is Former Senator. His term is over, he is not currently a Senator

so his proper title is Former Senator

[Xipe Totec]

25. Call it a draw

[SavageDem]

57. What are you going to do? Bleed on me?

[sakabatou]

26. Gove it up already, Norm!

[mr_smith007]

27. I hate to say it

but when they finally seat Franken in the Senate, I will watch Bill O'Reilly's show for a solid week. I just know that his tension will be at an all time high and his head is at some point shortly after surely to explode right in the front the camera. Will be a sight to see indeed.

[struggle4progress]

28. Coleman attorney Joe Friedberg: We'll lose this round (MN Independent)

... Friedberg was interviewed Wednesday by Ron Rosenbaum on “The Dan Barreiro Show” on KFAN-AM <mp3 link> ... The dialogue .. veered into .. Bush v. Gore ... http://news.google.com/news?ned=us&hl=en&q=franken+coleman&scoring=n

[struggle4progress]

30. The Coleman team has apparently changed its story YET AGAIN

The original notice of contest (available as pdf from the link below) was about double voting and voting by ineligible people

Now, suddenly, Coleman's side is claiming the issue will be that the absentee ballots were handled inconsistently from county to county -- which is why Coleman's lawyer is mentioning Bush v. Gore

But the inconsistency claim will be based on the following circumstance. The Court first asked Franken and Coleman to agree on as many ballots as possible. The two sides reached agreement on some ballots and stipulated on those ballots. Afterwards, the Court laid down rules for addressing the ballots under dispute. Coleman then complained that the Court's rules would not necessarily have treated the ballots, that were covered by the stipulation, in a manner consistent with the stipulation. The Court rejected this argument, on the grounds that Coleman, having stipulated, was not entitled to withdraw the stipulation: this is a standard principle in civil litigation, intended to prevent one party from extending the litigation indefinitely by constantly reversing earlier positions. The point of the stipulation was to reduce the pool of controversial ballots, and if Coleman was happy with the treatment of those ballots at the time he stipulated then he is not entitled to change his mind now. The Court had to reach some decision regarding the ballots in dispute, and they were certainly not expected to lay out rules completely consistent with the treatment of ballots covered by the stipulation -- since the whole point of the stipulation was to reduce the pool of ballots that the Court would need to address


Coleman's Lawsuit: This Whole Election Stinks -- And I Won
By Eric Kleefeld - January 7, 2009, 6:16PM
http://tpmelectioncentral.talkingpointsmemo.com/2009/01/colemans_lawsuit_this_whole_election_stinks_--_and.php

[The Second Stone]

31. The first rule of appellate practice

is to win at the trial court level. If they do not believe they have done that, and are actually saying so before the judges rule, it cannot be pleasing to the judges. In short, Coleman expects to lose shortly.

[felinetta]

32. We can just imagine the right wing going ballistic if their candidate

was ahead four months after the election and not seated.  All
I have to say is that every last right wing nut better Never
Ever say one word if Democrats ever contest an election!

[damntexdem]

33. Coleman may appeal, but he lacks all appeal.

But, then, he's not out to keep the Senate seat, he's out to deny it to Franken as long as possible.

Just another variation on The Party of No.

[Omaha Steve]

35. Franken is already short on legal funds

Anybody got a link to his legal fund?

[frebrd]

39. Not sure if this is what you mean......

but this is his donation page:

https://secure.alfranken.com/page/contribute

[kaygore]

36. Ah, if only Gore had fought as hard! Kerry, too.

Coleman wants to U.S. Supreme Court to appoint him.

I hope the courts make Coleman pay for all of Franken's legal costs.

[santamargarita]

41. if he had, Bush would only have been a small shit stain...

on American History instead of a big runny turd!

[Alexander]

56. Gore took it all the way to the USSC - what more did you want?

Did you honestly expect him to command the 1st Democratic Party infantry division and invade Washington? :eyes:

[sutz12]

38. IOW...we're going to lose, but not gracefully. nt

:shrug:

[burning rain]

40. Crikey, it's starting to seem...

that by the time Franken's sworn in, it'll be time for him to stand for re-election.

[libodem]

43. Prepare to pony up for the legal fees

obstructionist, Republican National Committee, meat-puppet. I so want to use the most foul swear words.

[Hassin Bin Sober]

44. What a difference a headline makes:

Nothing like a right wing spin from the paper that endorsed Coleman:


Coleman's lawyer thinks victory will come on appeal

http://www.startribune.com/politics/national/senate/41606392.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUs

Joe Friedberg, Norm Coleman's lead attorney in his lengthy U.S. Senate recount trial against Al Franken, expects Coleman eventually will win -- just not this round.

That's according to comments Friedberg made this week on a Twin Cities radio show.

Friedberg, a successful defense attorney with a reputation for telling it like it is, told host Ron Rosenbaum on KFAN (1130-AM) Wednesday that the three judges hearing the trial probably will rule that Franken received more votes than Coleman.

But he said the Coleman case was built on a constitutional argument that's better-suited for the likes of the Minnesota Supreme Court.

[Hissyspit]

45. Coleman's Lead Lawyer Expects Victory Via Appeal

Source: Star Tribune

Coleman’s lead lawyer expects victory via appeal

Bruce Bisping, Star Tribune

By KEVIN DUCHSCHERE, Star Tribune
Last update: March 20, 2009 - 11:03 PM

Joe Friedberg, Norm Coleman's lead attorney in his lengthy U.S. Senate recount trial against Al Franken, expects Coleman eventually will win -- just not this round.

That's according to comments Friedberg made this week on a Twin Cities radio show. Friedberg, a successful defense attorney with a reputation for telling it like it is, told host Ron Rosenbaum on KFAN (1130-AM) Wednesday that the three judges hearing the trial probably will rule that Franken received more votes than Coleman.

But he said the Coleman case was built on a constitutional argument that's better-suited for the likes of the Minnesota Supreme Court. Reached Friday, Friedberg declined to expand on his radio remarks. "When the constitutional issues are litigated, I really do believe we're going to win," he said.

Read more: http://www.startribune.com/politics/national/senate/41606392.html?elr=KArksi8cyaiUncacyi8cyaiUiD3aPc:_Yyc:aUU

[RC]

46. These repug really do have a reality problem.

Ya lost, go home.

[Lasher]

47. I wouldn't be surprised.

Then of course the SCOTUS would refuse to hear Franken's appeal. They just get involved in these cases when they need to tip the scales in favor of a Republican.

[tomm2thumbs]

48. keep them republicant lawyers getting those checks

they'd appeal to the courtyard by marriott if it meant charging some more hours on the case

[JustABozoOnThisBus]

51. This won't help the lawyers' win/loss percentage

so may as well milk it for all it's worth. Appeal after appeal, until the gravy train stops.
:hi:

And of course I agree with your characterization of republicant lawyers. Democratic lawyers would not stoop to such shenanigans, not for something as mundane as money!
:rofl:

[Botany]

49. Team Coleman is just playing games trying to obstruct Al from being seated

"When the constitutional issues are litigated, I really do believe we're going to win," he said. :grr:

What Constitutional issues? The recount was as open and fair as it could be and the Coleman legal team has
yet to produce 1 unfairly counted absentee ballot.

I have yet to meet an attorney who does not think that he/she can not make a case that water is not wet and snow
is not cold but water is wet, snow is cold, and Al got more vote than Norm. The legal actions by team Coleman
are part of the plan to keep Al from being seated as long as possible.

[No Elephants]

50. Possible reasons for Coleman's optimism about

appeals.

Current Justices of the Minnesota Supreme Court.

The current members of the Court (as of March 10, 2008) and year they took office are:

Chief Justice Eric J. Magnuson (2008)
Justice Alan Page (1993)
Justice Paul H. Anderson (1994)
Justice Helen M. Meyer (2002)
Justice G. Barry Anderson (2004)
Justice Lorie Skjerven Gildea (2006)
Justice Christopher Dietzen (2008)

Governors of Minnesota during the years named above have been:

Anne H. Carlson, per wiki, Independent-Republican/Republican 1/91 to 1/99--appointed 2 of the current 7 Justices

Jesse Ventura, per wiki, Reform/Independence 1/99-1/03--appointed 1 of the current 7 Justices and

Tim Pawlenty, per wiki, Republican 1/03 to present--appointed 4 of the current 7 Justices

Don't cry for Al, Minnesota?

And we all know about the SCOTUS, which, IMO is further right now than it was when it decided Bush v. Gore.

Pray for Al and donate.

[beaudogjake]

53. Now that is truly spooky!

Like you stated, Bush v. Gore all over again! :scared:

[beaudogjake]

54. Coleman plays the fiddle while America burns!

:nopity: