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Why isn't Al Franken in the Senate yet ??

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kentuck Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 09:34 AM
Original message
Why isn't Al Franken in the Senate yet ??
We need his vote. You can bet your ass if Norm Coleman was ahead by 225 votes, he would be up there voting his Party line. It's time that Minnesota had another Senator in Washington. The President is attempting to pass his budget and he needs every vote. This is not acceptable that the Republicans continue to block Franken from doing the job he was elected to do.
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GoesTo11 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 09:36 AM
Response to Original message
1. Because he hasn't been certified as the winner
Who knows, maybe Coleman really won, or maybe the court will deem the whole process unconstitutional and mandate a re-do.
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kentuck Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 09:37 AM
Response to Reply #1
2. How long does it take?
I think the Repubs have tied it up in the courts. Nobody won?
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Mist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 09:55 AM
Response to Reply #2
5. Apparently the judges are still deciding. There's a story on the financial
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ThomWV Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 10:04 AM
Response to Reply #1
6. I think he actually has been certified the winner, but the certification is challenged
Or maybe I got it wrong, if so you can bet someone will tell us both very quickly.
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Mister Ed Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 08:39 PM
Response to Reply #1
13. If I may weigh in...
Here in Minnesota, I've been following this matter closely each day since November 5th. Here's my take:

"He hasn't been certified as the winner"

Absolutely correct. Republican Governor Tim Pawlenty and Democratic Secretary of State Mark Ritchie have withheld certification until the court challenge is concluded, as Minnesota law requires them to do.


"maybe Coleman really won"

No. The examination of votes was extremely fair and exacting. It found Franken's vote total to be 225 votes more than Coleman's. The Coleman team then took five weeks to contest the results before a three-judge panel, and produced no serious evidence of inaccuracy. One of Coleman's lawyers recently said in a radio interview that he expects Franken to emerge from the court challenge with a slightly increased lead.


"maybe the court will deem the whole process unconstitutional"

The three-judge panel presently deliberating does not have authority to rule on questions of constitutionality. Those questions are for the Minnesota Supreme Court, to which Coleman will almost certainly appeal when the present court case concludes.

Coleman is hoping that the "unequal protection" argument that put Bush in the White House in 2000 will be invoked in his behalf. That probably won't happen. Minnesota's legal standards for rejecting or accepting absentee ballots are concise and clear, and were applied as uniformly as is humanly possible. If this recount was unconstitutional, then every election, everywhere - past, present, and future - is unconstitutional. I don't think the Minnesota Supreme Court will take that stance.


"maybe the court...will mandate a re-do"

Again, no. Minnesota law makes no provision for a re-do, and neither the present panel of judges, nor the Minnesota Supreme Court has any authority to mandate one. The only conceivable way for a re-do to occur would be for the Democrat-dominated Minnesota legislature to author and pass a new law demanding one - which, for obvious reasons, will not happen.


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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 10:02 PM
Response to Reply #13
18. Thanks, Mister Ed. I posted that interview with Coleman's lackey, er, lawyer.
He did indeed say he was putting most of his hopes on an appeal to the Minn. Supreme Court.
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JohnnyBoots Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 09:40 AM
Response to Original message
3. A Vast Right Wing Conspiracy?
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Cetacea Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 09:45 AM
Response to Reply #3
4. Hillary was right all those years ago. n/t
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librechik Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 10:07 AM
Response to Original message
7. Because our congresscritter Dems are too friendly with their R colleagues
to use the power they now have against their buddies. Unlike the Rs, who relish abusing the power of the Majority and then laughing at our weakness.

It's just a basic difference in character, I guess.
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Igel Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 07:35 PM
Response to Original message
8. Constitution, rule of law, due process.
Contitution, because the Constitution leaves the elections up to the states, for the most part. The process for adjudicating challenges has been left up to the state.

Rule of law. The legislature has made the process for adjudicating challenges excruciatingly explicit so that laws rule the process and bureaucrats don't.

Due process. The legislature has explicitly formulated a process for adjudicating challenges, so that the process is clear to all that take the time to read it.

I have no problem with either the Constitution, rule of law, or due process. It may be inconvenient, but often the Constitution, rule of law, and due process *are* inconvenient. Sometimes they also yield inconvenient results.
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KoKo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 08:34 PM
Response to Original message
9. Dems haven't sent BIG GUNS there to support him? He's on his own?
The whole thing is so disgusting. WHY...?

And thanks for posting the reminder. TPM is always keeping it alive...but there's not much here on on the MSM about the battle that still goes on.

With the mandate Obama had...why haven't we been able to overcome the Repugs in this battle? Maybe it's some state thing with the legislature being Repug or whatever. But, it's too much like Bush vs Gore after all these years not to make some of us wonder what the hell is going on here that our Dems STILL can't seem to have much pull and Coleman can keep pulling legislative rabbits out of hats to keep this going to the Supremes...where as Dems don't ever seem to be able to mount battles when they are underdogs to the same effect.

Well...maybe Franken is getting loads of help and he's just outgunned in the legal department that his lawyers can't seem to find a way to get Coleman to admit he's just grandstanding.

Hope it all turns out well in the end...
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Mister Ed Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 09:15 PM
Response to Reply #9
15. Fear not
Edited on Thu Mar-26-09 09:16 PM by Mister Ed
Franken is not at all outgunned in the legal deprtment. His team of lawyers, led by Mark Elias, has been brilliant. They've made fools of Team Coleman at every turn. Of course, lawyers this good aren't cheap, and I'd encourage everyone who really cares about this matter to make a small donation at Franken's website (https://secure.alfranken.com/page/contribute).

The (Democratic-majority) Minnesota state legislature has no part to play under state election law. It's a matter for the courts right now, so legislative pull doesn't enter into it.

What's been remarkable to observe throughout this whole process is the way every official and every judge, at every turn, has so far seemed to put strict adherence to the law ahead of party politics. The only reason this has taken so long is that the process has been so careful and exacting.

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Mike 03 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 08:35 PM
Response to Original message
10. I ask this question every day. It amazes me. It's just like Obama, where someone
is burning to do the right thing, desperate to get into politics and make a difference, and he is blocked at every juncture.

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Mike 03 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 08:36 PM
Response to Original message
11. Kick and Rec. NT
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 08:37 PM
Response to Original message
12. they are screwing with Senator Franken.
we need to yell a little louder on this one.
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Bluenorthwest Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 08:57 PM
Response to Original message
14. Because the Party that should be supporting him
is without skilled national leadership. The DNC is leaving Al hanging on his own, and I have not heard a word from any Democrat about it.
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scarletwoman Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 09:30 PM
Response to Reply #14
16. The DNC has nothing to do with it. Minnesota election law is being followed to the letter.
There is a process for contested elections set in Minnesota law, and those laws are being followed. There is nothing the DNC can do, nor is there anything they should do, other than letting the process play out.

The three judge panel will rule fairly soon, the ruling will probably be appealed to the MN Supreme Court, and the legal process -- as outlined in Minnesota law -- will continue.

It's in the hands of the judicial system, there's nothing anyone outside the judicial system can do about it.

sw
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AlinPA Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 09:50 PM
Response to Reply #16
17. And if Franken loses in the MN Supreme Court, its on to DC with SCOTUS.
That's where the republican dominated court will seat him.
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Art_from_Ark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 11:42 PM
Response to Reply #17
20. Just for clarification
Franken is the Democrat
Coleman is the Republican
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AlinPA Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-27-09 07:48 AM
Response to Reply #20
22. Oops!
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femrap Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-26-09 10:43 PM
Response to Original message
19. Very good question!!! nt
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snot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-27-09 02:46 AM
Response to Original message
21. OK, SO, LIKE, HOW MUCH LONGER CAN THE INEVITABLE BE DELAYED . . .
Edited on Fri Mar-27-09 02:47 AM by snot
. . . if you get our drift???
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