Mother Jonesreports that the updated Senate phone listings have just been printed out -- and Norm Coleman's name isn't in them. After all, his term expired this past Saturday, and he's now in court to force the election results to be changed so that he's winning instead of Al Franken.
Think about this, Norm: Joe Biden is going to resign his seat within the next two weeks, and even he's still in the Senate phonebook.
I've been reading through the lawsuit that Norm Coleman has filed against the result of the Minnesota Senate race, and it's a marvelous thing.
The complaint ignores the existence of counter-evidence, employs one maneuver when it is self-benefiting and opposes the same maneuver when it goes against them, attacks not just the recount but votes that were counted for Franken all along, and overall throws everything against the wall to see what sticks.
So it could take a while for courts to sort through everything. In the meantime, here's a quick rundown:
If Norm Coleman was hoping for the three-judge panel that will be hearing his election lawsuit to be stacked in his favor, he's out of luck. The state Supreme Court just announced that the person in charge of the appointments to that panel will be Associate Justice Alan Page.
Page, the former NFL star and current jurist, was not particularly kind to the Coleman campaign's legal arguments in the lawsuits that came up so far in this case. Coleman might have done better had one of the court's conservatives been put in charge.
Normally the appointments would be made by Chief Justice Eric Magnuson, but Magnuson recused himself because he sat on the same state canvassing board that Coleman is suing to overturn. And Page was next in line.
Then again, if Coleman loses the trial he might appeal on this one, too.
Yesterday, the Wall St. Journalpublished an editorial lambasting the Minnesota recount with arguments ranging from distortions to omissions to outright falsehoods. Now someone is firing back: Ramsey County (St. Paul) Judge Edward Cleary, an appointee of Jesse Ventura, who served on the state canvassing board that oversaw the count.
Cleary has written a letter to the Journal, saying that he's been a subscriber for over 30 years -- and he's really angry about this editorial. Cleary particularly objected to the description of the board as "meek" pawns of Democratic Sec. of State Mark Ritchie:
Our members (two Supreme Court Justices, two District Court Judges, and Secretary of State Ritchie) came from all political backgrounds, openly expressed our opinions at the meetings, and can hardly be accurately described as "meek", unless you mean "meek" by New York in-your-face standards.
Finally, Cleary called out the Journal on the real source of their anger about the recount:
One can only assume, based on the tone of the editorial, the numerous inaccuracies, and the over-the-top slam at Al Franken ("tainted and undeserving?") that had Norm Coleman come out on top in this recount, the members of the Board would have been praised as "strong-willed, intelligent, and perceptive."
We won't hold our breath waiting for that editorial to appear.
How is the Franken campaign responding to the lawsuit from Norm Coleman, contesting the results of the Senate recount, which could bottle this up for months? In a briefing just now with reporters, lead Franken lawyer Marc Elias approached it with a very calm and sober demeanor -- and ridiculed Coleman to no end.
"We are on the precipice, I suppose, of the next phase here," Elias said, "which is where the Coleman campaign takes a very big rock, and pushes it up a very steep hill."
What exactly is Coleman's legal complaint disputing about the recount, you might ask? Everything we've heard before, Elias said, with a couple new twists.
Norm Coleman has made it official: He is filing a lawsuit to challenge the election result in Minnesota, which he does not believe to be a valid count -- and he is making clear that for the sake of democracy, Al Franken should not be seated in the Senate.
Coleman went through the list of things his campaign says went wrong: For example, that absentee ballots for Al Franken were counted twice, and that there were no uniform standards in reviewing rejected absentee ballots.
"Until these issues are settled," Coleman said, "any attempt to seat a Senator who is not properly certified violates Senate precedent, and usurps the will of the people of Minnesota."
A reporter asked Coleman about the calls from Harry Reid for him to concede -- and was met by booing from the crowd of Coleman supporters. "This race will be determined by Minnesota voters, not Harry Reid," Coleman said with a smile, and to the applause of his backers.
Late Update: So how long will this take? Lead Coleman attorney Fritz Knaak told reporters, "I would not be surprised if this went a month and a half, two months out." On the bright side, Knaak said that Coleman would like for it go as quickly as possible.
Also from Knaak: "Technically, we could actually redo the entire recount. I'll let you know right now that's not in the plans."
The Uptake reports that Norm Coleman will be speaking at 4 p.m. ET today in Minnesota -- his first public appearance since the state canvassing board certified the election results yesterday showing him losing to Al Franken by 225 votes, and also his first appearance since his term expired this past Saturday and he became an ex-Senator.
So what's going to happen? Will he announce that he's challenging the results in court, which could prevent Franken from being seated for weeks or even months? Or will he give it up and concede, in the face of some very long odds against him winning in court?
Meanwhile, Harry Reid just took to the Senate floor to urge Coleman to concede, rather than put the seat in limbo. Reid reminisced about how bad he felt when he lost a very close Senate race in 1974, and then how he later won a super-close race in 1998 -- and how much he admired his opponent John Ensign, now his co-Senator, for handling it better than he himself had 24 years earlier. We'll have video of that shortly.
Today: Congress Being Sworn In, Biden At The Senate
This is the day that Congress will be sworn in. Joe Biden will be on Capitol Hill to be sworn in again for a seventh term in the Senate -- which he will resign within the next two weeks or so, to become vice president.
The Big Event: Burris At The Senate
With Congress being sworn in, of course, this means Roland Burris will be showing up at the Senate, and is expected to be turned away. Burris has said he won't make a scene or cause any confrontation -- but any scenario in which he's turned away from the door would inherently be a scene, no matter how civil it might be.
No Senator Franken Today
Senate Democrats will not make any attempt today to swear in Al Franken as the new Senator from Minnesota, instead leaving that seat vacant for now. There is some speculation that they might be planing to try it soon -- but they would encounter a promised Republican filibuster, while Norm Coleman pursues his legal challenges to the election result.
Obama Meeting With Economic Team Today
Barack Obama is meeting with his economic team, this afternoon at his D.C. transition office. The subject of the meeting will be to plan ahead for the 2010 budget, and how they will bring the deficit down as the economy recovers.
Gregoire D.C. Trip Sets Off Speculation About Commerce Department
Gov. Christine Gregoire (D-WA) is reportedly on a trip to Washington, after having cancelled a lunch appearance back home -- setting off speculation that she is being vetted as a last-minute choice for Secretary of Commerce after Bill Richardson's withdrawal. Gregoire was re-elected by six points this past November, and if this is true she would be succeeded by Democratic Lt. Gov. Brad Owen. (Late Update: Gregoire is visiting troops in Iraq, and is apparently not lining up for a cabinet post.)
Laura Bush Lands Book Deal
Laura Bush has secured a book deal, to publish her memoirs about her years as First Lady. The book will be published in 2010.
Former eBay Head And McCain Surrogate Preparing California Gubernatorial Run
Former eBay CEO Meg Whitman, who hit the campaign trail in 2008 as a surrogate for John McCain, is considering a campaign for governor of California in 2010, when Arnold Schwarzenegger will be term-limited. Whitman has already made a key staff hire in lining up campaign strategist Jeff Randle, who has worked for Schwarzenegger and Pete Wilson, and she has stepped down from three corporate boards.
Brownback Running For Governor Of Kansas
Sen. Sam Brownback (R-KS) has filed paperwork to run for governor of Kansas in 2010, after having made good on his previous pledge to not run again for Senate. Brownback is actively aligned with the state GOP's Christian-right faction, and should be viewed as the frontrunner going into this race.
In a statement given to Election Central, Harry Reid's office says that he will not attempt to seat Al Franken in the Senate tomorrow -- though they are reiterating Reid's call for Norm Coleman to concede the race rather than drag it out.
The statement from Reid spokesman Jim Manley:
"Now that the bipartisan state canvassing board has certified Al Franken as the winner, we hope Senator Coleman respects its decision and does not drag this out for months with litigation. Shortly after Election Day, Coleman criticized Mr. Franken for wanting a recount and wasting taxpayer money. Now that it is clear he lost, Coleman should follow his own advice and not subject the people of Minnesota to a costly legal battle.
"However, there will not be an effort to seat Mr. Franken tomorrow."
Late Update: Reid separately told the Politico that Coleman has lost and "will never ever serve" in the Senate -- he can only stall things.
But for now, it appears that Coleman is stalling quite successfully.
At a press conference held just now outside his house, Al Franken declared victory in the Minnesota Senate race.
"After 62 days of careful and painstaking hand inspection of nearly 3 million ballots, after hours and hours of hard work by election officials and volunteers across this state, I am proud to stand before you as the next Senator from Minnesota," said Franken. "This victory is incredibly humbling, not just because it was so narrow, but because of the tremendous responsibility it gives me on behalf of the people of Minnesota."
"I know that this isn't an easy day for Norm Coleman and his family," Franken added, "And I know that because Franni and I and our kids have had plenty of time over the last couple months to contemplate what this would be like if the election had turned out differently." But Franken applauded Coleman's hard work in public life, and hopes for a smooth transition. Good luck on that one.
Franken also said that while he knows there may still be additional legal proceedings -- the Coleman campaign has indicated they will challenge the result, which will hold up Franken from being seated -- he is focusing now on going forward and getting to work for the people of Minnesota.
He did not take questions from the crowd of reporters, who yelled to ask when he would be going to Washington.
Franken's full prepared statement is available after the jump.
The Minnesota state canvassing board has officially certified the election results showing that Al Franken is the winner of the Minnesota recount -- by a nose. And it is far from over.
The numbers: Franken at 1,212,431 votes, Coleman at 1,212,206 votes. Including the large number of votes for third-party candidates, plus ballots that didn't include a vote in the Senate race, this is a margin of 0.0077% out of over 2.9 million ballots cast.
Officially, next legal step is for Gov. Tim Pawlenty to sign a certificate of election, and for Sec. of State Mark Ritchie to co-sign, within the next seven days. But that probably won't happen -- the Coleman campaign has said they will file a challenge of the election in court, which under state law delays the issuing of that certificate until the proceeding is settled.
Coleman does not have much a chance in such a proceeding, as we've noted before. But it could be a while, bottling up Franken's win for weeks or maybe even months.
Late Update: Al Franken has scheduled a press conference at his house for 5 p.m. ET, according to The Uptake. Note that this is not simply Franken's press people or Franken's lawyer holding a presser, but Franken himself -- and at his home, no less. It seems like we may be getting a declaration of victory, taking on the mantle of Senator-Elect.
Norm Coleman's last chance to stop Al Franken from winning the Minnesota recount today just came to an end, with the Minnesota Supreme Court unanimously denying his lawsuit seeking to count an additional 650 absentee ballots that local election officials had thrown out.
The court's ruling upheld the local officials, and told Coleman in no uncertain terms that if he wants to continue to fight this one out, it will have to be in a post-recount election contest:
The record before us with respect to petitioners' motion demonstrates that local election officials have acted diligently and in accordance with our orders, and together with the candidates have agreed upon more than 900 rejected absentee ballots, which have now been opened and counted by the Secretary of State's office.
...
Because the parties and the respective counties have not agreed as to any of these additional ballots, the merits of this dispute (and any other disputes with respect to absentee ballots) are the proper subjects of an election contest under Minn. Stat. ch. 209.
The big problem now for Coleman is that an election contest proceeding places the burden of proof on the losing candidate who is now challenging the outcome. During all the litigation in this case, it was 100% clear that neither campaign wanted to have to go into court post-recount, knowing fully well that that the odds would be heavily stacked against them.
Late Update: Lead Franken attorney Marc Elias has released this statement:
"Today, the Supreme Court once again affirmed the validity of the rules under which this recount was conducted. Minnesotans have waited a long time for a winner to be declared in this race, and today, with the last attempt to halt the counting process now having failed, Al Franken will be declared the winner."
Late Late Update: The Coleman campaign has released a statement that among other things reiterates that they will challenge the election in court:
"Today's ruling, which effectively disregards the votes of hundreds of Minnesotans, ensures that an election contest is now inevitable. The Coleman campaign has consistently and continually fought to have every validly cast vote counted, and for the integrity of Minnesota's election system, we will not stop now."
Norm Coleman is expected to file a legal challenge to Al Franken's victory in the Minnesota recount, after the state canvassing board certifies the numbers this afternoon. But does his campaign actually think they have anything more than a very long shot at this?
Check out what lead Coleman attorney Fritz Knaak told the Star Tribune, emphasis ours:
"It's conceivable, I'm not saying probable or likely, but conceivable that in a ... [court] contest, we could see these numbers change by hundreds on both sides," he said. "Everything is on the table and it's a different game."
Today: Minnesota To Certify Franken's Victory -- But Lawsuit Awaits
The Minnesota state canvassing board will be meeting at 3:30 p.m. ET today to certify their results showing a super-thin Al Franken win for Senate, currently at 225 votes out of over 2.9 million. But Franken will not be able to receive an official certificate of election -- and therefore probably won't be able to take his seat -- because the Coleman campaign has indicated that they will challenge the result in court.
Report: Obama Economic Plan To Include Huge Tax Cuts The Wall St. Journalreports that Barack Obama and Congressional Democrats are preparing a tax cut package totaling $300 billion over two years -- a larger dollar figure per year than anything George W. Bush ever did -- as part of his potential $775 billion stimulus package. The move could make it easier to win necessary support from Congressional Republicans.
Obama In Washington, Working On Economy
Barack Obama is meeting on Capitol Hill this afternoon with the Congressional leadership from both parties, with his economic plan expected to be the top order of business. He will also hold a meeting with his own economic team, at his D.C. transition headquarters.
Biden Speaking At Pell Funeral, Then Heading To Washington
Joe Biden will be speaking this morning at the funeral of former Sen. Claiborne Pell (D-RI) in Newport, Rhode Island. He will then head down to Washington to join Barack Obama's meeting with Congressional leaders. He will also be in Delaware tonight, for a "Salute to Governor Ruth Ann Minner" event, sending off the state's departing Democratic governor.
Burris Heading To Washington
Roland Burris is heading to Washington later today, as he seeks to be seated as the new Senator from Illinois against the backdrop of the Blagojevich scandal. "We are hoping and praying that they will not be able to deny what the Lord has ordained," Burris told a send-off event last night at the New Covenant Missionary Baptist Church in Chicago.
Bobby Rush: Refusal To Seat Burris Is "Plantation Politics"
At the sendoff event for Roland Burris last night, Rep. Bobby Rush (D-IL) continued to present the controversy around Burris' appointment in strictly racial terms. Rush declared that the resistance of the Democratic leadership to seating Burris was "the last bastion of racial plantation politics in America."
Obama To Hold "Neighborhood Inaugural Ball"
The Presidential Inaugural Committee has announced that Barack Obama will hold a first-ever "Neighborhood Inaugural Ball" at the Washington Convention Center, with a portion of the tickets set aside just for D.C. residents.
Tim Kaine To Be DNC Chair, But At First Only Part-Time
Barack Obama is expected to announce soon that he has picked Virginia Gov. Tim Kaine, who had endorsed his candidacy in early 2007 when it looked like a long shot, to be the new chairman of the Democratic National Committee. Kaine will only serve on a part-time for his first year, until his term as governor expires, with former Obama campaign strategist Jennifer O'Malley running the day-to-day operations.
In a statement given to Election Central, Senate Majority Leader Harry Reid has called upon Norm Coleman to concede defeat in the Minnesota Senate race. Reid also reminded Coleman of his own calls early on in this process for Franken to concede and not waste taxpayer time and money:
I believe that tomorrow the bipartisan state canvassing board will certify Al Franken the winner. After all, early on Senator Coleman criticized Al Franken for wanting a recount and wasting taxpayer money. I would hope now that it is clear he lost, that Senator Coleman follow his own advice and not subject the people of Minnesota to a costly legal battle.
One major caveat: Even if Reid wants to get Franken seated immediately, there will almost certainly be a filibuster from the GOP against it, while Coleman pursues his expected legal challenges. And the reality is that there isn't really anything Reid can do to force the desired outcome if the Republican caucus stays united.
Chuck Schumer has put out this statement, in his capacity as the outgoing chair of the Democratic Senatorial Campaign Committee, declaring that Al Franken has won the Minnesota Senate race and should be seated:
"With the Minnesota recount complete, it is now clear that Al Franken won the election. The Canvassing Board will meet tomorrow to wrap up its work and certify him the winner, and while there are still possible legal issues that will run their course, there is no longer any doubt who will be the next Senator from Minnesota. Even if all the ballots Coleman claims were double counted or erroneously added were resolved in his favor, he still wouldn't have enough votes to win. With the Senate set to begin meeting on Tuesday to address the important issues facing the nation, it is crucial that Minnesota's seat not remain empty, and I hope this process will resolve itself as soon as possible."
NRSC chairman John Cornyn has declared that the Republican caucus will filibuster any attempt to seat Franken while Norm Coleman challenges the election result in court. Unless Coleman and/or the Republican leadership back down, this could turn into one of the first big partisan fights of the new Congress. And it looks like the Democratic leadership could be ready to battle it out.
A follow-up to tonight's completion of the recount in Minnesota, which has apparently made a victory by Al Franken a foregone conclusion: In a brief press conference, Norm Coleman's campaign lawyers reaffirmed that they will challenge the result in court.
Coleman's lead lawyer Fritz Knaak said the process in the recount was broken, and today's events were just further proof of that. "We are prepared to go forward and take whatever legal action is necessary to remedy this artificial lead," said Knaak.
So what does this mean? Minnesota law is unique in that it prohibits the issuing of an official certificate of election until the legal challenges are all resolved. Unless Coleman backs down and concedes defeat, he could bottle up a Franken win for weeks or even months, depending on how appeals go -- even though it appears to be nearly impossible that he could ever succeed.
And since the Senate Republican leadership has promised to block the seating of Al Franken on any provisional basis, that means this seat could stay vacant for a while.
Today's events in Minnesota make it appear that a Norm Coleman victory is now pretty much impossible -- and it just so happens to have occurred on the day his Senate term officially expired. A nice extra touch.
Election officials today counted through about 950 absentee ballots that both campaigns agreed had been wrongly rejected, completing the recount unless there is any new court intervention. The result: Al Franken's paper-thin lead of 49 votes has now jumped to 225 votes -- way beyond what most people crunching the numbers expected, based on the geographic spread of the newly-counted ballots.
With these new figures, it's worth examining just how slim the odds would be of Coleman finding some way to win this thing, should he follow through on his campaign's vow to challenge the result in court.
Obama Pushes Stimulus Plan In YouTube Address
In Barack Obama's latest Presidential YouTube Address, the president-elect discusses his economic stimulus plan -- and the very serious urgency of getting it passed:
"These are America's problems, and we must come together as Americans to meet them with the urgency this moment demands," says Obama. "Economists from across the political spectrum agree that if we don't act swiftly and boldly, we could see a much deeper economic downturn that could lead to double digit unemployment and the American Dream slipping further and further out of reach."
Today: More Ballot-Counting In Minnesota
Minnesota election officials are meeting today to sort through about 950 more ballots, in a process described below. Al Franken is favored to hold on to his slim lead, currently at 49 votes, or possibly even expand it slightly. A live video feed is available at The Uptake.
Norm Coleman's Term Expires
Sen. Norm Coleman's (R-MN) term will officially expire today, as the recount continues in Minnesota. Senate Republicans have vowed to filibuster any attempt to seat Al Franken on a provisional basis, assuming he wins the recount, so this seat will become vacant and probably stay that way for a while.
Today: Michael Bennet To Be Announced As Colorado Senator
Colorado Gov. Bill Ritter (D) is holding a 4 p.m. ET press conference, where he is expected to announce that he will appoint Denver schools superintendent Michael Bennet to the seat being vacated by Ken Salazar. Bennet is considered to be a dark horse pick -- while he is considered to have been a very successful superintendent, pursuing merit pay and other reforms, he has never run for public office.
Obama's Win Brings Big Changes To Black Press The Politicoreports that Barack Obama's victory is spurring some big changes in the country's African-American press towards more political coverage, with magazines like Essence and Ebony adding White House reporters: "In some ways, the moves mark a return to a time when the black press -- particularly magazines -- were newsier. Jet first published photos of the battered and swollen body of Emmett Till, sparking outrage and galvanizing a still-young civil rights movement."
Blagojevich's Newest Antagonists: The Department Of Homeland Security
The Chicago Tribune reports that the Department of Homeland Security has cut off Rod Blagojevich's access to classified security information. Other state officials still have access, but the federal government apparently doesn't trust Blago with the information under his current ethics cloud.
Burris: "We Are The Senator"
Roland Burris expressed a high degree of confidence in his legitimacy as a Senator, telling Lynn Sweet, "We are the Senator." Burris says he wants to avoid any confrontation when he shows up in Washington next week, but he also apparently has no aversion to using the royal "we."
It's a big day in Minnesota, as state officials gather at 10 a.m. ET on this fine Saturday morning to sort through about 950 sealed absentee ballots that both campaigns were able to agree were wrongly rejected and should be put into the count. Al Franken is still favored to hold on to some kind of very narrow lead when this ends either today or tomorrow, but anything could happen. A live video feed is available at The Uptake.
Today's proceedings, as explained to us by the Sec. of State's office, will essentially be a fast-forward version of what went on at all the individual precincts during the manual recount: A state election official will open the ballots one by one and allot the votes for Franken, Coleman or none of the above. Representatives of the two campaigns will have the ability to challenge the call on a ballot. Then, the state canvassing board will get together to sort through the challenges, judge how each ballot should be allocated, and give us all a new total.
But even this won't be the end of it. Assuming they have still lost, the Coleman campaign has guaranteed that they will go to court to contest the election under any number of issues that haven't gone their way. This will in turn hold up the seating of Al Franken in the Senate for weeks or possibly months, as the Republican leadership has indicated that they will filibuster against him being seated on any provisional basis.
In a major breakthrough in Minnesota, the Coleman and Franken campaigns have resolved that about 900 wrongly-rejected absentee ballots will be counted this weekend, out of nearly 1,350 that the county election officials had initially sorted out.
This is a surprisingly high number. The process set up by the state Supreme Court seemed ripe for abuse, because it required both campaigns to sign off on counting any one sealed ballot envelope. The camps ended up approving quite a lot of ballots in what seemed like a chaotic process over this week. The Coleman campaign did manage to throw another wild card in, though: They're going to court to try to force the inclusion of about 650 ballots that the local officials have rejected, and which seem to be stacked their way.
In a very good sign for Al Franken, 255 absentees were sent out from heavily-Democratic Hennepin County (Minneapolis) alone, and the number of vetoes from the two campaigns were nearly tied there. So expect this particular load of votes to break for Franken, with the remaining question being how the ballots from all the other places work out.
The votes still haven't been counted yet. But from where we stand right now, it appears that Franken is favored to still hold his paper-thin lead over Norm Coleman after the ballots are counted this weekend. But that will just be the result going into the next step: A whole lot of litigation from the Coleman campaign, which could bottle up a Franken win for weeks or even months.
The Minnesota Supreme Court has now responded to the Coleman campaign's lawsuit to restart the latest phase of the recount, the sorting of wrongly-rejected absentee ballots. They're taking no action for now -- but aren't ruling it out, either.
At issue here is the Coleman campaign's attempts to get about 650 ballots put in that the local officials throughout Minnesota have said were correctly rejected. The campaign is contending that ballot envelopes in different parts of the state are being treated unequally -- and it just so happens that the ballots they've picked out are from areas that Coleman swept in the election.
The court has neither denied nor granted Coleman's request, and they haven't scheduled hearings, either. Instead, they've ordered the Franken campaign, plus the counties in question, to furnish more information by tomorrow morning. In short, they want to find out whether Coleman truly has a potentially legitimate claim, or if he's just complaining about a constitutional violation because he's losing.
With the clock ticking for Coleman, though, this is more bad news than it is good. After all, the regular sorting and approval of these ballots is scheduled to end today, and those ballots will be counted over the weekend and give us a new vote total for the race. Absent any new court intervention that would restart the process or force the admission of those 650 ballots, Al Franken is expected to still be ahead by Monday's canvassing board meeting.
Sen. John Cornyn (R-TX), who heads up the National Republican Senatorial Committee, has restated his position that the Senate Republicans will oppose seating Al Franken on a provisional basis during the expected litigation that will come after the Minnesota recount.
Cornyn signaled a few days ago that the GOP would keep Franken out, saying that it was "unprecedented" to seat somebody during an ongoing election dispute -- which as we pointed out is simply not true.
The Senate Republicans do have enough seats to mount a filibuster. So if this becomes a strict party-line vote, they can keep Franken out for weeks or maybe even months, depending on how the court proceedings go.
It's probably a good thing for the health of democracy that so many races are landslides. Imagine if they were all as close as this one.