(Senator Al) Franken Asks Court To Give Minnesota Governor A Direct Order

[Ian David]

Source: CQ Politics

Al Franken asked the Minnesota Supreme Court on Monday to affirm his victory in the 2008 Senate race and hand down a ruling that would direct Gov. Tim Pawlenty to certify him the winner.

“We think the law is clear,” said Franken's lead attorney, Marc Elias, pointing to a state Supreme Court ruling on the matter in February that he said indicated “that the certification would issue after the state court process ended.”

The Minnesota “Supreme Court is the end of the state court process,” Elias noted.

The request came as part of Franken’s reply brief to Republican Norm Coleman’s appeal of a trial court decision that declared Franken the Senate winner by 312 votes out of 2.9 million cast on Nov. 4.

Read more: http://www.cqpolitics.com/wmspage.cfm?docID=news-000003114849

[Qutzupalotl]

1. Go Al!

K&R

[Lint Head]

2. Why is Coleman torturing his state?

:dem:

[Pacifist Patriot]

5. Because he's a self-absorbed hypocritical asshole. i.e. Republican

[blondeatlast]

25. Because his constituents inconveniently stand in the way of his ambition.

The very nerve of them, thinking they are ac tually owed something by their elected officials!

[rpannier]

40. republican and torture

pretty much says it all

[Bette Noir]

43. Because he wants his political career to be over?

[robinlynne]

46. I think the GOP is making him do it. I don't think it is really Coleman personally.

They are "sore losers". and then some. they will obstruct every single move any Dems make all the time. And for god's sake I hope the Dems finally learn how to do that. We could have used some obstruction during the apt 8 years, but no.

[zogtheobvious]

82. I agree, but...

...the GOP cannot MAKE him do this, they can only suggest, request, and yes, smear him into doing it. But he cannot be compelled. So yes, to some degree, it IS him personally, as well as the party.

The more noise they make-with a complicit media backing them, they more they can distract the people from what fuckups they've been for the last 8 years. Franken will be Senator. We know it, and they know it. This is more grandstanding and divisiveness from a party that knows nothing about governing (see: the last 8 years) and everything about smearing and blocking true governance. But this does not defend Norm Coleman. The party is morally bankrupt, but it only got that way through the abuses of its members - including Coleman.

Incidentally, I'm GLAD the Democrats aren't obstructionists. In some eyes, yes we do look weaker for it, but the fact is, the Republicans are the true obstructionists. It's what their party is.

The Democrats, on the other hand, are governors. I'm not trying to say that corruption doesn't run rampant in BOTH parties, but I do believe that nobody embraces it quite as wholeheartedly as the GOP.

[robinlynne]

87. Coleman is getting lots of "points" for doing this. He knows he will not take the seat.

but someone probably owes him favors now.

[LiberalFighter]

55. Because he thinks the Minnesota voters are combatants? And should be waterboard?

Or maybe use the Chinese Water torture method.

[happygoluckytoyou]

58. Because he got a state-sized waterboard for Christmas ?

[George II]

63. When does his corruption trial begin? THAT might end this.

[JonathanMeador]

65. Because he hates his state...

... you see, it's part of the new GOP strategy: Hate = Love, etc. ... ah, hell: How happy would YOU be if you lost your Senatorial meal ticket to Stuart Smalley? So it's a pride thing, most likely.

[Earth Bound Misfit]

71. Good post.

Welcome to DU!:hi:

K & R

[Divine Discontent]

80. so true.. he thinks - "you bastards let this comedian get more than 35% of the damn vote? screw you

I'm taking the state down in flames with me!"

[rhett o rick]

84. Is that question rhetorical? nm

[xchrom]

3. recommend

[IndianaGreen]

4. FRAK Coleman! He is just a whore for the Senate GOP

:kick:

[Downwinder]

11. among others. n/t

[Optical.Catalyst]

6. The people of the United States think the law is clear also. Seat Franken

Al Franken won fair and square and should be seated as our 60th Senator.

[Optical.Catalyst]

7. K&R

[HopeHoops]

8. Coleman needs to get a fucking life.

No actually, what he needs is for a HUGE to and THEN when they are done with that, to have a take his and . So there.

[Ian David]

10. I hope the state of Minnesota sues him after Senator Franken is seated. n/t

[HopeHoops]

12. They need to recover the legal costs of his bullshit.

The guy is almost making Palin look smart!

[usregimechange]

9. Doesn't the court rule in June?

[glinda]

13. Yes. And they might request that T-Pal sign it. T-Pal might refuse if Normie wants to take it

the Supremes. T-Pal will not win again as Gov. He knows his only chance is to run for Prez. Normie is the pawn for the Repubs to keep Al from being seated. It doesn't matter for Norm as he has nothing to loose. Either he chances favor with the conservative higher Court or he just buys time. Norm is a trouble maker with a spineless backbone.

[old guy]

16. Thank you. You are correct IMO.

You saved me a lot of typing time.

[Earth Bound Misfit]

72. + 1 n/t

[liberalhistorian]

19. Pawlenty must sign it if the MN Supremes

rule in favor of Franken, as I'm sure they will given that all the legal arguments are on his side. He doesn't really have a choice. The state supreme court is the end of the line as far as the state process and, according to MN state law, that means that Franken can be seated once the ruling is in his favor. Stormie Normie can stamp his foot and take it to the federal courts, but Franken cannot be kept from his seat during that time.

[glinda]

28. I believe you are correct but I heard T-Pal, when asked about that, not give a direct answer.

[backscatter712]

33. If he had the choice, he would...

but he's not going to defy a direct court order from the Minnesota Supreme Court - that risks jail time, removal from office, etc.

Once Franken gets the writ of mandamus, it's OVER!!!

[Bette Noir]

44. Removal from office? Don't tease!

[glinda]

70. Oh I know!!!!!!!!!!!!!!!!! We could only hope!

[xxqqqzme]

68. If he answered directly

he would have to give a reason for not already signing the certification.

[glinda]

69. I think it had to do with "if" it was pursued at the Federal level.

[primavera]

22. And there's now binding Supreme Court precedent...

... for dismissing the will of the voters, ignoring all past rulings on state's rights, and just appointing the Republican candidate. Let's face it, if Normie can get to the Supreme Court, he's home free.

[Stellabella]

24. But Bush v. Gore isn't supposed to set a precedent.

That's what the Supremes said.

And it's just one more indication of what a horrible decision that was.

[NYC Liberal]

31. Not necessarily, since the Senate can still refuse to seat Coleman

regardless of what the Supreme Court says.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members

Supreme Court (or any court) cannot order the Senate to seat anyone.

[backscatter712]

34. The Supreme Court of MN can give a writ of mandamus to Pawlenty.

They CAN order him to issue a certificate of election. Once Franken presents that certificate of election to the Senate, the Senate will seat him.

[progressoid]

74. T pal?

Oops, that's T'pol.

[The Sushi Bandit]

83. OMG she is HOT!

thanks for reminding me!

[IndianaGreen]

14. Yes, ruling expected around June 3

Coleman will certainly appeal to a federal court.

[davidpdx]

49. I don't think it will come that quickly

I expect it will be at least a week.

[NewJeffCT]

15. Is this the same Norm Coleman that said

If he were behind, he would give up? Or, does that only count when he's ahead?

[primavera]

23. Don't be silly

That rule only applies to Democrats! You wouldn't seriously consider it applicable to Republicans, would you?

[Dinger]

17. K & R!

Give 'em hell Al!:patriot: :patriot: :patriot: :patriot:

[Optical.Catalyst]

18. Another Kick

[neverforget]

20. I can't imagine the hissy fit the GOP would throw if the shoe were on the

other foot. Franken won fair and square! Seat him!

[Divine Discontent]

27. just remember how batshit nuts they went about Gore fighting B*sh in 2000!

they'd have already had the pitchforks and torches put back away about 4 months ago if this was a repub ahead all this time and Al was holding it up.

[kegler14]

29. You haven't been reading conservative sites.

According to them, Democrats stole the election. They have no evidence, of course.

[TheCowsCameHome]

21. It's past time to get this thing over and done.

Sen. Franken should be seated now.

[Wednesdays]

26. K&R

:kick:

[bobshin]

30. I'd like to think of this as karma...

Franken's blatant ignorance and refusal to address voting problems are exactly the reasons this predicament has occurred.

Maybe it would be a good idea for candidates in any race to realize the potential of not addressing and correcting our inconsistent voting laws and procedures. Wonder if after all is said and done if at least Franken and Coleman will get the hint.

[PBS Poll-435]

35. Um

That was weird...

[proud2BlibKansan]

36. And how should a candidate address inconsistent voting laws and procedures?

Do tell.

[Pab Sungenis]

62. Not during his candidacy

but during his stint as a talk show host. He refused to discuss black box voting, inconsistencies with optical scans, the whole Ohio mess in 2004, and so on.

[demwing]

38. I don't think they will

because you really didn't make a lot of sense. You just ranted all over the thread, and left a sticky, karmic residue.

[PBS Poll-435]

45. Shout! won't even get it out. Maybe Oxi-Clean

[pink-o]

81. Oh, puleeze--45 posts is a dead giveaway

I strongly suggest to my fellow DU'ers we don't feed the troll. He can crawl back to Freeperland if he wants a fight.

[backscatter712]

32. This is the beginning of the end.

Pawlenty might want to drag things out if he thought he could get away with it, but I don't think even he has the clout to defy a writ of mandamus. Once the MN Supremes rule, if there's even the hint Franken will get his writ of mandamus, my bet is Pawlenty folds like a cheap lawn chair.

[annm4peace]

37. What MN's think of Gov Pawlenty

Song:
Pawlenty of Nuttin’ (words by Brigid McDonald

We’ve got Pawlenty of nuttin’
And Pawlenty’s the reason for that

Got no home, but we got a dome,
No health insurance
Got tapped phones
Can’t get loans for students Ph.D.
Yes . . .

Banks get bailed, the poor get jailed
And live in misery
Can’t get funds, but you can get guns
For security
Yes . . .

Close the schools, but make more rules
For welfare families
Don’t tax wealth,
just pray for good health
Enjoy your poverty
Yes . . .

Veto this, veto that
Don’t tax corporate greed
Soon we’ll have to pass the hat
For folks who are in need . . .
Yes . . .

The bridge goes down, in our town
But send our guard to war
Tax the poor, while stadiums soar
He’s bad news all around
Yes . . .

Cut backs here, cut backs there
Ignore the environment
Call in force with no remorse
No room for dissent
Yes . . .

We’ll just ignore the governor
He won’t get our consent
It’s not fair that he doesn’t care
He’s on the wrong side of the fence

(Very Loud!)
Yes, we’ve got Pawlenty of nuttin’
And Pawlenty’s the reason for that

Featuring the AlliantAction Singers

[riderinthestorm]

39. K and R!! nt

[GreenTea]

41. Republicans are paying the bucks for this bullshit keeping Coleman from conceding, keep the

Dems from getting that extra senate vote on every issue....

And it's also the usual republican petty sickening vindictiveness - Karl Rove kind of vindictiveness, you know that republican sadist shit, how the fucking republicans inflict pain just because they love to see others in pain kind of shit!

[RedCloud]

53. This has to be remembered come 2010. More repug suicide.

here's that gov:

Gov. Tim Pawlenty
(R-Minn.)

* Residence:Eagan
* Born:November 27, 1960; South St. Paul, Minn.
* Religion:Protestant
* Family:Wife, Mary Pawlenty; two children
* Education:U. of Minnesota, B.A. 1983 (political science) ; U. of Minnesota, J.D. 1986
* Military service:None

Future political ambition: Served as pawn for GOP stall the government campaign. Was never heard from again.

[GreenTea]

76. Yes, Gov. Tim Pawlenty (R-Minn.) must be singled out & all resources used to defeat him in 2010!

Pawlenty & Coleman are the willing tools the RNC & republican organizations are using to keep Franken from taking his rightful seat and vote as a democrat, this hurts all democrats and is the republicans intent...

Pawlenty must be exposed to all in Minnesota how this is partisan politics and a disgusting display of power by the republican Governor.

[Piewhacket]

42. Huh.. that's interesting. That seems right.

I think the court ought to do what Franken asks. Force the
supreme court to intervene, if they are going to.

Go Al.

[InfiniteThoughts]

47. simple & elegant solution - 3 years for Franken & 3 years for Coleman

yeah, yeah - i was kidding!

Seat Franken

I think our conservative friend needs a :spank: and a :kick:

[Optical.Catalyst]

48. Kick

[WillyT]

50. Big K & R !!!

:kick:

[pleah]

51. K&R Seat Franken, now. n/t

[Soylent Brice]

52. he's a fighter, and that's EXACTLY what we need in the senate.

GO AL GO!!!

[Name removed]

54. Deleted message

Message removed by moderator. 
[link:www.democraticunderground.com/forums/rules.html|Click
here] to review the message board rules.

[Dinger]

57. Enjoy Your Short Stay

Asshole

[liberalhistorian]

67. Aww, man, why do I always seem to miss

this fun and come in after the bugs have scurried away when the light's turned on? lol

[Dinger]

77. He/It Only Made To 2 Posts

Pffft

[Dinger]

60. Just Guessing, Are You That "name removed" Guy From The Gun Forum?

Maybe not.

[Dinger]

61. Guns Are Your Hobby? Cool

:sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm:

[OnionPatch]

56. If the situation was reversed, Coleman would have been seated long ago.

And if Franken had contested the results, he'd be relentlessly hassled by the media, criticized and would be a laughing stock by now. It's just mind-boggling, the double standard.

[happygoluckytoyou]

59. NOT IF I WERE IN CHARGE.....

[myrna minx]

64. K&R

[Fire1]

66. K&R. This has gone on long enough.

[Earth Bound Misfit]

73. Kicked & Bookmarked

Already rec'd.

Thank you to the many DUers who continually help to educate this self-admitted "sharp as a bowling ball" individual.

A soul intention, that's learning to fly
Condition grounded but determined to try
Can't keep my eyes from the circling skies
Tongue-tied and twisted just an earthbound misfit, I

[bdamomma]

75. Pawlenty is obstructing the peoples vote to be recognized

the people made a choice and their choice won.

[Divine Discontent]

78. JUST IMAGINEEEEEE if this was Coleman being held back from being reseated?

oh wait, he would have went to the Senate and cried for the TV and said Franken won't let him do the work that the good people of Minnesota reelected him to do!

Seriously, Franken would have gave up Jan 20, at the latest if it was him.

CAN YOU BELIEVE THIS HAS WENT ON FROM ELECTION DAY LAST YEAR????

It's May 12th, 2009!!!!!! :mad:

[nichomachus]

79. I hope the Senate Dems have the balls and the sense

to make Franken's salary, benefits, tenure and seniority go all the way back to Jan 1.

[rhett o rick]

85. Senate Dems are gutless shills of CorpAmerica. nm

[Dramarama]

86. This is taking too long.

The chair is getting cold