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

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-000003...

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

pretty much says it all

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.

...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.

but someone probably owes him favors now.

Or maybe use the Chinese Water torture method.

... 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.

Welcome to DU! :hi:

K & R

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

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

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.

The guy is almost making Palin look smart!

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.

You saved me a lot of typing time.

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.

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!!!

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

... 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.

That's what the Supremes said.

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

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.

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.

thanks for reminding me!

Coleman will certainly appeal to a federal court.

I expect it will be at least a week.

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

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

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

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.

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

Sen. Franken should be seated now.

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.

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.

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

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.

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.

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

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!

here's that gov:

Gov. Tim Pawlenty
(R-Minn.)

* Residence:Eagan
* Born:November 27, 1960; South St. Paul, Minn.
* Religion

rotestant
* 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.

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.

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

Go Al.

yeah, yeah - i was kidding!

Seat Franken

I think our conservative friend needs a :spank:

and a

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

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

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.

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

the people made a choice and their choice won.

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:

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

The chair is getting cold

Go Al!	Qutzupalotl	May-11-09 07:19 PM	#1
Why is Coleman torturing his state?	Lint Head	May-11-09 07:23 PM	#2
Because he's a self-absorbed hypocritical asshole. i.e. Republican	Pacifist Patriot	May-11-09 07:27 PM	#5
Because his constituents inconveniently stand in the way of his ambition.	blondeatlast	May-11-09 09:33 PM	#25
republican and torture	rpannier	May-12-09 12:31 AM	#40
Because he wants his political career to be over?	Bette Noir	May-12-09 01:16 AM	#43
I think the GOP is making him do it. I don't think it is really Coleman personally.	robinlynne	May-12-09 02:36 AM	#46
I agree, but...	zogtheobvious	May-12-09 04:16 PM	#82
Coleman is getting lots of "points" for doing this. He knows he will not take the seat.	robinlynne	May-13-09 11:05 PM	#87
Because he thinks the Minnesota voters are combatants? And should be waterboard?	LiberalFighter	May-12-09 09:14 AM	#55
Because he got a state-sized waterboard for Christmas ?	happygoluckytoyou	May-12-09 09:34 AM	#58
When does his corruption trial begin? THAT might end this.	George II	May-12-09 10:25 AM	#63
Because he hates his state...	JonathanMeador	May-12-09 10:58 AM	#65
Good post.	Earth Bound Misfit	May-12-09 12:42 PM	#71
so true.. he thinks - "you bastards let this comedian get more than 35% of the damn vote? screw you	Divine Discontent	May-12-09 03:13 PM	#80
Is that question rhetorical? nm	rhett o rick	May-12-09 06:43 PM	#84
recommend	xchrom	May-11-09 07:24 PM	#3
FRAK Coleman! He is just a whore for the Senate GOP	IndianaGreen	May-11-09 07:25 PM	#4
among others. n/t	Downwinder	May-11-09 07:50 PM	#11
The people of the United States think the law is clear also. Seat Franken	Optical.Catalyst	May-11-09 07:35 PM	#6
K&R	Optical.Catalyst	May-11-09 07:35 PM	#7
Coleman needs to get a fucking life.	HopeHoops	May-11-09 07:36 PM	#8
I hope the state of Minnesota sues him after Senator Franken is seated. n/t	Ian David	May-11-09 07:49 PM	#10
They need to recover the legal costs of his bullshit.	HopeHoops	May-11-09 07:50 PM	#12
Doesn't the court rule in June?	usregimechange	May-11-09 07:47 PM	#9
Yes. And they might request that T-Pal sign it. T-Pal might refuse if Normie wants to take it	glinda	May-11-09 07:53 PM	#13
Thank you. You are correct IMO.	old guy	May-11-09 08:26 PM	#16
+ 1 n/t	Earth Bound Misfit	May-12-09 12:45 PM	#72
Pawlenty must sign it if the MN Supremes	liberalhistorian	May-11-09 08:43 PM	#19
I believe you are correct but I heard T-Pal, when asked about that, not give a direct answer.	glinda	May-11-09 10:05 PM	#28
If he had the choice, he would...	backscatter712	May-11-09 10:49 PM	#33
Removal from office? Don't tease!	Bette Noir	May-12-09 01:19 AM	#44
Oh I know!!!!!!!!!!!!!!!!! We could only hope!	glinda	May-12-09 12:39 PM	#70
If he answered directly	xxqqqzme	May-12-09 12:00 PM	#68
I think it had to do with "if" it was pursued at the Federal level.	glinda	May-12-09 12:38 PM	#69
And there's now binding Supreme Court precedent...	primavera	May-11-09 09:00 PM	#22
But Bush v. Gore isn't supposed to set a precedent.	Stellabella	May-11-09 09:13 PM	#24
Not necessarily, since the Senate can still refuse to seat Coleman	NYC Liberal	May-11-09 10:38 PM	#31
The Supreme Court of MN can give a writ of mandamus to Pawlenty.	backscatter712	May-11-09 10:50 PM	#34
T pal?	progressoid	May-12-09 01:00 PM	#74
OMG she is HOT!	The Sushi Bandit	May-12-09 05:06 PM	#83
Yes, ruling expected around June 3	IndianaGreen	May-11-09 07:53 PM	#14
I don't think it will come that quickly	davidpdx	May-12-09 05:52 AM	#49
Is this the same Norm Coleman that said	NewJeffCT	May-11-09 08:20 PM	#15
Don't be silly	primavera	May-11-09 09:03 PM	#23
K & R!	Dinger	May-11-09 08:40 PM	#17
Another Kick	Optical.Catalyst	May-11-09 08:43 PM	#18
I can't imagine the hissy fit the GOP would throw if the shoe were on the	neverforget	May-11-09 08:47 PM	#20
just remember how batshit nuts they went about Gore fighting B*sh in 2000!	Divine Discontent	May-11-09 09:59 PM	#27
You haven't been reading conservative sites.	kegler14	May-11-09 10:11 PM	#29
It's past time to get this thing over and done.	TheCowsCameHome	May-11-09 08:58 PM	#21
K&R	Wednesdays	May-11-09 09:37 PM	#26
I'd like to think of this as karma...	bobshin	May-11-09 10:12 PM	#30
Um	PBS Poll-435	May-11-09 11:02 PM	#35
And how should a candidate address inconsistent voting laws and procedures?	proud2BlibKansan	May-11-09 11:11 PM	#36
Not during his candidacy	Pab Sungenis	May-12-09 09:36 AM	#62
I don't think they will	demwing	May-11-09 11:55 PM	#38
Shout! won't even get it out. Maybe Oxi-Clean	PBS Poll-435	May-12-09 02:05 AM	#45
Oh, puleeze--45 posts is a dead giveaway	pink-o	May-12-09 03:32 PM	#81
This is the beginning of the end.	backscatter712	May-11-09 10:47 PM	#32
What MN's think of Gov Pawlenty	annm4peace	May-11-09 11:32 PM	#37
K and R!! nt	riderinthestorm	May-11-09 11:58 PM	#39
Republicans are paying the bucks for this bullshit keeping Coleman from conceding, keep the	GreenTea	May-12-09 12:40 AM	#41
This has to be remembered come 2010. More repug suicide.	RedCloud	May-12-09 09:03 AM	#53
Yes, Gov. Tim Pawlenty (R-Minn.) must be singled out & all resources used to defeat him in 2010!	GreenTea	May-12-09 02:30 PM	#76
Huh.. that's interesting. That seems right.	Piewhacket	May-12-09 01:04 AM	#42
simple & elegant solution - 3 years for Franken & 3 years for Coleman	InfiniteThoughts	May-12-09 05:00 AM	#47
Kick	Optical.Catalyst	May-12-09 05:12 AM	#48
Big K & R !!!	WillyT	May-12-09 07:45 AM	#50
K&R Seat Franken, now. n/t	pleah	May-12-09 08:11 AM	#51
he's a fighter, and that's EXACTLY what we need in the senate.	Soylent Brice	May-12-09 08:21 AM	#52
Deleted message	Name removed	May-12-09 09:05 AM	#54
Enjoy Your Short Stay	Dinger	May-12-09 09:30 AM	#57
Aww, man, why do I always seem to miss	liberalhistorian	May-12-09 11:44 AM	#67
He/It Only Made To 2 Posts	Dinger	May-12-09 02:55 PM	#77
Just Guessing, Are You That "name removed" Guy From The Gun Forum?	Dinger	May-12-09 09:35 AM	#60
Guns Are Your Hobby? Cool	Dinger	May-12-09 09:36 AM	#61
If the situation was reversed, Coleman would have been seated long ago.	OnionPatch	May-12-09 09:17 AM	#56
NOT IF I WERE IN CHARGE.....	happygoluckytoyou	May-12-09 09:35 AM	#59
K&R	myrna minx	May-12-09 10:32 AM	#64
K&R. This has gone on long enough.	Fire1	May-12-09 11:09 AM	#66
Kicked & Bookmarked	Earth Bound Misfit	May-12-09 12:55 PM	#73
Pawlenty is obstructing the peoples vote to be recognized	bdamomma	May-12-09 01:41 PM	#75
JUST IMAGINEEEEEE if this was Coleman being held back from being reseated?	Divine Discontent	May-12-09 03:12 PM	#78
I hope the Senate Dems have the balls and the sense	nichomachus	May-12-09 03:12 PM	#79
Senate Dems are gutless shills of CorpAmerica. nm	rhett o rick	May-12-09 06:45 PM	#85
This is taking too long.	Dramarama	May-12-09 06:46 PM	#86