Coleman's Appeal
| Mon Apr. 13, 2009 4:08 PM PDT
A Minnesota court court has confirmed that Democrat Al Franken won the most votes in his 2008 Senate race against Republican Norm Coleman, The Associated Press reports.
But, as the saying goes, it ain't over til it's over. Coleman already had said he would appeal such a decision to the state Supreme Court. He has 10 days to file.
So here's something to watch for: how long will it take Coleman to file his appeal? He's known this decision was coming for a long time. His legal team almost certainly knew the grounds on which he was going to lose. They've had plenty of time to prepare their argument. They could probably file it tomorrow if they wanted to.
But do they want to? If they're genuinely trying to win a Senate seat, they'll file quickly. After all, the faster they file, the faster Coleman can win the case and return in triumph to Washington. But if they don't think they can win — if they're merely trying to stretch out a losing argument as long as possible in order to deny Franken his seat — then they'll wait the ten full days. Which do you think it will be?
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Comments
They'll file quickly
Submitted by bleh (not verified) on Mon Apr. 13, 2009 4:27 PM PDT.
They've done so before; they'll do it again.
And as evidence of their intent, it's of almost no value. 9 days -- at most -- is nothing to THEM. They're gaming out Coleman's entire political future, including a run at Governor. The calculus is, how does this look to Minnesota Republicans choosing a nominee for Governor? And in that light, delay is of no value -- or even negative value.
Senate Rethuglicans may be interested in delay for delay's sake, but Coleman is interested in ... Coleman.
I disagree with your two
Submitted by Anonymous (not verified) on Mon Apr. 13, 2009 4:28 PM PDT.
I disagree with your two scenarios. It is widely believed that the supreme court will schedule oral arguments as quickly as possible. If Coleman's team wants to have the maximum time to prepare for oral arguments, they can buy themselves 10 extra days by filing slowly. Surely you can understand how they would feel like chumps if they were cramming before arguments, wishing for just a few days more to get ready.
Also, having a good idea about the grounds for an expected decision is nothing like having the opinion in your hands in terms of getting ready for appeal. Coleman's legal team has been only minimally competent through this entire process. If I were him I would insist that they give themselves as much time as possible to get prepared, so there are no more embarrassments like the ones they suffered with their witnesses during the trial.
four corner stall
Submitted by junebug on Mon Apr. 13, 2009 4:54 PM PDT.
Coleman's legal team has been only minimally competent through this entire process. If I were him I would insist that they give themselves as much time as possible to get prepared, so there are no more embarrassments like the ones they suffered with their witnesses during the trial.
And the mere fact that he's kept them on in spite of their abject idiocy is all the reason you need to show that he isn't serious about keeping his seat.
Notice of Appeal
Submitted by Anonymous (not verified) on Mon Apr. 13, 2009 4:36 PM PDT.
As I understand it, the Notice of appeal is what must be filed in 10 days, not the brief. this actually reinforces Kevin's point, because a Notice of Appeal is just a one page piece of paper that say "we appeal."
No reason not to file that tomorrow. The Minnesota Supreme Court then sets the briefing and argument schedule.
I would expect it will be quite expedited. Say 10 days from the Notice filing for the appeallate brief and appendix? and 10 days to oppose. Maybe 5 days for a rebuttal brief? Arguments in 30 days?
Could be done in a month.
Yes, it is easy to file a
Submitted by Anonymous (not verified) on Mon Apr. 13, 2009 4:58 PM PDT.
Yes, it is easy to file a notice of appeal, but once they do everything will be expedited, as you say. I'm not familiar with the rules in Minnesota or the supreme court's power to demand expedited briefs. But if the court wants the appellate brief within 10 days of filing the notice of appeal, then waiting until the last day to file that notice doubles the amount of time Team Coleman will have to work on the appeal.
I'm not saying that they will delay or that it is necessary to delay. I'm merely saying that there could be a good reason for taking the full 10 days to file the notice other than trying to keep Franken out of the Senate for 10 additional days.
10 Days
Submitted by Art Eclectic on Mon Apr. 13, 2009 5:39 PM PDT.
Put me in the pool for 10 days. This game is about keeping Franken from being seated and being able to vote on legislation currently in the hopper.
baiting with a false choice
Submitted by Jon Karak (not verified) on Mon Apr. 13, 2009 5:41 PM PDT.
You are baiting the reader. "...merely trying to stretch out a losing argument" is a false choice. I'm not used to defending Republican intentions, but it is more likely that they are buying the most time to prepare for the next phase of legal challenges.
Honestly, if I wanted to hear people scoring some cheap partisan points, I'd be reading conservative blogs.
You really need to do better than this.
Of course, next fight will be over
Submitted by Joshua Norton on Mon Apr. 13, 2009 5:48 PM PDT.
which judges have to recuse themselves from even hearing the case.
JN - SF
Well, Franken's team can also appeal, and speed up the process
Submitted by beowulf888 (not verified) on Mon Apr. 13, 2009 5:51 PM PDT.
Team Franken, can appeal immediately for a ruling, and they don't have to wait for Coleman. If Franken's team is on the ball, they will, rather than waiting for Norm to drag it out further...
Can the successful party
Submitted by Marc W. (not verified) on Tue Apr. 14, 2009 2:34 AM PDT.
Can the successful party (Franken) actually appeal this ruling?
They will wait the full ten
Submitted by Anonymous (not verified) on Tue Apr. 14, 2009 2:48 AM PDT.
They will wait the full ten days.
Coleman is a scumbag who let KR steal the GOP Senate seat for him after Cheney and Rove had Paul Wellstone murdered because Sen Wellstone opposed the illegal wars and policies of the Cheney/Bush Cartel.
These m f ers belong behind bars.
Thanks to Spain, the prosecutions can begin.
Coleman appeal
Submitted by Wynn Curtiss (not verified) on Tue Apr. 14, 2009 5:55 AM PDT.
As an attorney, I have to say you give too much credit to my colleagues. We always can find a reason to delay - words to change, cases to research, etc... In the grand scheme, 10 days is nothing and the attorneys will take every second.
I think this is overstated
Submitted by Anonymous (not verified) on Tue Apr. 14, 2009 5:57 AM PDT.
I think this is overstated -- I've been a lawyer for a long time, and things almost always slip to very close to the filing deadline even when there is no good reason for that to happen. It's seldom tactical, it really says more about the pathological culture of the legal profession, which is a festival of risk aversion, endless angsting over trivial details, etc., etc. especially when, as I suspect is the case here, there are a lot of lawyers involved.
As an attorney, I have to
Submitted by Anonymous (not verified) on Tue Apr. 14, 2009 5:57 AM PDT.
As an attorney, I have to say you give too much credit to my colleagues. We always can find a reason to delay - words to change, cases to research, etc... In the grand scheme, 10 days is nothing and the attorneys will take every second.
Tag close
Submitted by NoMorals (not verified) on Tue Apr. 14, 2009 6:26 AM PDT.
wow, did this work?
http://www.usnews.com/blogs/e
Submitted by Luther on Tue Apr. 14, 2009 6:48 AM PDT.
http://www.usnews.com/blogs/erbe/2009/4/14/a-modest-proposal-for-the-col...
A Modest Proposal for the Coleman-Franken Minnesota Senate Race: Flip a Coin
By Bonnie Erbe, Thomas Jefferson Street blog
Here we are some three months into the 111th Congress and Minnesota still has only one Senator. Former Sen. Norm Coleman and former comedian Al Franken are still duking it out in court about who won. Originally, Coleman won by 700 votes, but an automatic recount trimmed his win down to a mere 215 votes and a hand recount showed Franken pulling ahead by 225 votes.
Coleman's appeal?
Submitted by Trippp on Tue Apr. 14, 2009 7:45 AM PDT.
Coleman has no appeal.
Oh, you mean a court case.
And Luther, you quote lies. Coleman did not "win." In Minnesota there is a legal mandate to have a recount in all very close elections. The law specifically says there is no winning or losing before that recount.
But methinks you care more about lies than you do about the law. Tripp
The question is: when will
Submitted by Quaker in a Basement (not verified) on Tue Apr. 14, 2009 7:58 AM PDT.
The question is: when will Coleman's team file?
Put me down for: ankle injury.
Someone from the Coleman team will suffer an ankle injury by thrusting his leg into the closing courthouse door at 4:59 p.m. on the last possible day for filing.
Beat The Clock
Submitted by buddy66 on Tue Apr. 14, 2009 8:59 AM PDT.
Nine days and twenty-three hours.
Regardless of motivation,
Submitted by Farmboy (not verified) on Tue Apr. 14, 2009 10:01 AM PDT.
the Coleman camp announced this morning that they're waiting the 10 days, so they can "think over" what yesterday's ruling means.
It's NO Lower Court's Decision Appealed. It's A GOP Conspiracy!
Submitted by Anonymous (not verified) on Sat Apr. 25, 2009 7:21 PM PDT.
The prudent man would be embarrassed to have the Transcript of The Election Contest forwarded to an Appeals Court. Rife with witnesses being caught in their lies.
The star witness caught in collusion with Coleman. Several very incriminating Emails showing the witness intended to lie or withhold evidence. Your major case points unproven by testimony or any documents. This isn't a Case you bring to Appeals.
This is a Case you are embarrassed to have initiated.
The ONLY REASON this goes to Appeals is to keep Senator Al Franken preoccupied in litigation and not Certified as the Election Winner allowing the GOP to retain power in Senate. A tactic that has kept Franken from his seat on the hill up until now.
It is my hope that upon hearing the Opening Arguments and having reviewed the Case that is brought for Appeal; the Minnesota Supreme Court refuses to take the case and Dismisses the Case with Prejudice for being the Bad Faith Brought Fraud that it is and nothing more.
Order Minn Gov Pawlenty to sign the Certificate of Election and deliver it to Franken post-haste.
Call it whatever you will. But, the stench of Fraud doesn't make for a pleasant environment. I hope the Judges hold their noses and tell Coleman to give this case a proper burial.
I wish someone in Government would call for an Investigation as to just exactly WHY Gov Pawlenty didn't send a Provisional Senator to help shape the new administrations legislation? Was he being bribed or extorted?
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