Franken-Coleman Update, 03/09/09 : All Over Bar The Shoutin’

[babylonsister]

http://campaignsilo.firedoglake.com/2009/03/09/franken-coleman-update-030909-all-over-bar-the-shoutin/#more-37903

Franken-Coleman Update, 03/09/09 : All Over Bar The Shoutin’
By: Phoenix Woman Monday March 9, 2009 3:50 pm



Geez, no wonder Bogus Ben Ginsberg looked and sounded dispirited in his afternoon presscon today. Not only did the Minnesota Supreme Court last week hand down a decision that deep-sixes the GOP/Coleman strategy of looking to the Federal courts for relief on appeal, but today Team Coleman's hopes of getting the ballot universe expanded with more votes for Coleman just got a swift kick in the ass, as the ballots he was counting on from pile 3a evaporated upon examination:

Republican Norm Coleman had hoped an inspection of secrecy envelopes holding rejected absentee ballots would yield enough additional votes to help him cut into Democrat Al Franken's 225-vote lead. But only 89 of roughly 1,600 inspected envelopes contained valid registration that might allow the ballots to be counted.

Even if every single one of those 89 ballots was a Coleman ballot -- and two-thirds of the remaining pile 3as come from counties that Coleman won last November -- that's less than half of what Norm needs to catch up to Franken, much less overtake him.

Remember last week when we saw that Franken's lead attorney, Marc Elias, was telling us that the amount of actual, provable, countable ballots that was in the thousand-plus rejected ballot pile that Coleman wanted counted was in the dozens? Guess what - Elias was right. Again. And with his effort to argue the existence of hundreds of "Rule 9" duplicate ballots shot down, there's not much Norm can do to alter the existing ballot universe at all, much less shove it around enough to give him a win. (They must realize this too, because they're really amping up the "do-over" talk when they know full well it ain't gonna happen.)

Suddenly, that Motion to Dismiss that Team Franken filed -- predicated on the claim (based in part on Bell v. Gannaway) that there's no way Coleman can find enough countable ballots to overtake Franken's lead -- is looking a lot stronger. As Kossack seesdifferent points out, Norm's people had been planning on perhaps 700 countable ballots to come out of Coleman's 3a pile. Instead, he got less than ninety. The Election Contest Court might still deny this motion, just to deny Coleman the chance to holler "we wuz robbed!" (which they're yelling anyway), but the factual basis of Coleman's case is turning out to be gossamer and moonbeams and horsepucky.

Hang tight, folks: This is all over bar the shoutin', and the shoutin' may be over even sooner than I'd hoped.

[MineralMan]

1. Yes, there's reason for celebration in that decision.

Clearly, there aren't enough ballots to matter, and most of the other decisions are already made. Sadly, Coleman and his handlers will probably persist until they are handed something final, like the SCOTUS refusing to hear the case.

I'm thinking the 1st of April. I don't think it'll go on beyond that. SCOTUS can act quickly when necessary. Deciding not to hear a case comes quickly.

[T Wolf]

2. BUt, the pukes have been successful in keeping that last Democratic vote from being cast

on the important issues already handled by Congress.

It was a win-win for them. And they won.

What the Democratic leadership should have done was hold off on any action until the full Senate was assembled. But, they forged ahead,knowing that the pukes would obstruct and, without Franken's vote, be more able to pollute the legislation with their demands.

[Cleita]

3. I just saw Minnesota SOS, Mark Ritchie, on the TV yesterday and he was

explaining why he couldn't certify Franken until the legal processes were done. However, he said Senator Harry Reid could seat Franken in the senate without certification. So what's the problem with Reid? Maybe it's time for Minnesotans and every one else to send a barrage of mail and telephone calls to the Senate Majority Leader, Senator Harry Reid here:

522 Hart Senate Office Bldg Washington, DC 20510. Phone: [phone]. Fax: [phone]. Toll Free for Nevadans: 1-866-SEN-REID (736-7343) ...

[babylonsister]

4. I thought Reid already tried that w/o success?

Yes, seems they considered it but thought the rethugs would shoot them down.

http://thecaucus.blogs.nytimes.com/2009/03/06/court-rules-frankens-not-entitled-to-election-certificate/

[Cleita]

5. I don't really know how it's done, but the way Ritchie was talking made

me believe that Harry didn't need any other support. He could just do it on his authority as Majority Leader. He probably is fawning to the right like he has a habit of doing and won't do it even though he can.

[babylonsister]

6. That makes no sense when he's so desperate for votes. nt

[Cleita]

8. Here's another article about it.

http://news.yahoo.com/s/ap/20090306/ap_on_re_us/minnesota_senate

The justices wrote in their unsigned opinion that "if the Senate believes delay in seating the second Senator from Minnesota adversely affects the Senate, it has the authority to remedy the situation and needs no certificate of election from the Governor to do so."

That says in a off handed way that he can seat Franken if he believes the Senate is adversely affected. :shrug:

[babylonsister]

10. Maybe someone should tell Reid.

Why doesn't he know this? :shrug:

[elocs]

9. Reid didn't seat Burris initially because he was not certified.

When Burris was certified, he was seated. So "certification" was the reason given for not seating Burris and that seems to be the criteria that has been established.

[norepubsin08]

12. Thank you-will do!!!

[Hieronymus]

7. With Franken, and perhaps Specter, the senate is looking really good.

[garybeck]

11. At what point can we start calling Coleman a SORE LOSER ?

because you know if were going the other way it would have been happening a long time ago.

[norepubsin08]

13. After the first recount!!!

[nadinbrzezinski]

14. GOOOOD, ok this 'splains Reed

if I was a betting man I'd say that Franken will be in the senate soon.... or words to that effect

:-)