# How's Al Franken's Senate bid going?

**URL:** <https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239>\
**Category:** Great Debates\
**Created:** [February 12, 2008, 1:57am UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239 "2008-02-12T01:57:19Z")\
**Posts on this page:** 20\
**Page:** 34

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**Author:** ![Strassia](https://avatars.discourse-cdn.com/v4/letter/s/e8c25b/32.png) [@Strassia](https://boards.straightdope.com/u/Strassia)\
**Post date:** [March 3, 2009, 6:03pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/661 "2009-03-03T18:03:55Z")

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> [@Sitnam](#):
>
> As I understand it Coleman cried unfair trial months ago so he could angle for an appeal, why isn’t this case already in front of the State Supreme Court?

I don’t think you can appeal until a decision is handed down.

Jonathan

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**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\
**Post date:** [March 3, 2009, 6:04pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/662 "2009-03-03T18:04:43Z")

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The trial isn’t over yet. You can’t appeal until there’s a ruling in the lower court.

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**Author:** ![Sitnam](https://avatars.discourse-cdn.com/v4/letter/s/6a8cbe/32.png) [@Sitnam](https://boards.straightdope.com/u/Sitnam)\
**Post date:** [March 3, 2009, 6:23pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/663 "2009-03-03T18:23:56Z")

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Why did this even start in a lower court?

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**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\
**Post date:** [March 3, 2009, 6:26pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/664 "2009-03-03T18:26:50Z")

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Where else would it start?

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**Author:** ![Strassia](https://avatars.discourse-cdn.com/v4/letter/s/e8c25b/32.png) [@Strassia](https://boards.straightdope.com/u/Strassia)\
**Post date:** [March 3, 2009, 6:33pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/665 "2009-03-03T18:33:02Z")

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> [@Diogenes\_the\_Cynic](#):
>
> Where else would it start?

Does the MN State Supreme Court have any original jurisdiction? The USSC has the [following](http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States#Jurisdiction):

[QUOTE=Wikipedia]  
The Constitution specifies that the Supreme Court may exercise original jurisdiction in cases affecting ambassadors and other diplomats, and in cases in which a state is a party. In all other cases, however, the Supreme Court has only appellate jurisdiction. The Supreme Court considers cases based on its original jurisdiction very rarely; almost all cases are brought to the Supreme Court on appeal. In practice, the only original jurisdiction cases heard by the Court are disputes between two or more states  
[/QUOTE]

ETA: They could appeal any preliminary rulings made before the trial completes, but I do not know if any have been made.  
Jonathan

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**Author:** ![Sitnam](https://avatars.discourse-cdn.com/v4/letter/s/6a8cbe/32.png) [@Sitnam](https://boards.straightdope.com/u/Sitnam)\
**Post date:** [March 3, 2009, 6:37pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/666 "2009-03-03T18:37:08Z")

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> [@Diogenes\_the\_Cynic](#):
>
> Where else would it start?

I can’t think of anything better the highest court in Minnesota should be doing right now than deciding who will represent it in the federal government. How is this not a priority?

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [March 3, 2009, 7:00pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/667 "2009-03-03T19:00:54Z")

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> [@Sitnam](#):
>
> I can’t think of anything better the highest court in Minnesota should be doing right now than deciding who will represent it in the federal government. How is this not a priority?

It’s not a question of priority, it’s a question of jurisdiction. In most states the highest court is an appellate court and not, for most purposes, a court of original jurisdiction; there is no **procedure** to bring suit there. Furthermore, an appellate court is not set up to try cases, only to review appeals and hear oral arguments thereon.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [March 3, 2009, 7:15pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/668 "2009-03-03T19:15:11Z")

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> [@Strassia](#):
>
> They could appeal any preliminary rulings made before the trial completes, but I do not know if any have been made.  
> Jonathan

In the realm of technical nitpicks, I’d offer this correction: not “any” preliminary rulings. Interlocutory appeals have their own rules, and the types of rulings that may be thus appealed is limited.

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**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\
**Post date:** [March 3, 2009, 7:16pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/669 "2009-03-03T19:16:13Z")

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And this is a special Elections Complaint Court (ECC), which is set up by Minnesota law to hear exactly the kind of case they’re hearing right now. They are the court of original jurisdiction for an election dispute in the state of Minnesota.

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**Author:** ![Kevbo](https://avatars.discourse-cdn.com/v4/letter/k/e47774/32.png) [@Kevbo](https://boards.straightdope.com/u/Kevbo)\
**Post date:** [March 4, 2009, 1:51am UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/670 "2009-03-04T01:51:42Z")

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And from what I can tell, this court is doing a rather fine job. To the extent they have allowed the Coleman team slack, that team has been using it to tie a noose around thier case.

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**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\
**Post date:** [March 4, 2009, 2:07am UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/671 "2009-03-04T02:07:04Z")

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> [@jayjay](#):
>
> And this is a special Elections Complaint Court (ECC), which is set up by Minnesota law to hear exactly the kind of case they’re hearing right now. They are the court of original jurisdiction for an election dispute in the state of Minnesota.

Sorry…correcting myself. Elections CONTEST Court.

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**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\
**Post date:** [March 5, 2009, 10:30am UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/672 "2009-03-05T10:30:37Z")

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> [@Musicat](#):
>
> Any bets as to how long this charade will continue before the senate seat is filled?

I saw Franken at a dinner this weekend. He said that he expected this court case to be over in 2-3 weeks. (But he spent most of the time talking about his wife’s pie.)

You can see a [video of his talk here.](http://uptake-minnesota.groups.theuptake.org/en/videogalleryView/id/1741/)

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**Author:** ![tds1273](https://avatars.discourse-cdn.com/v4/letter/t/df705f/32.png) [@tds1273](https://boards.straightdope.com/u/tds1273)\
**Post date:** [March 5, 2009, 7:54pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/673 "2009-03-05T19:54:53Z")

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> [@t-bonham@scc.net](#):
>
> I saw Franken at a dinner this weekend. He said that he expected this court case to be over in 2-3 weeks. (But he spent most of the time talking about his wife’s pie.)

That’s a little personal for a dinner conversation isn’t it?

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [March 5, 2009, 8:35pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/674 "2009-03-05T20:35:01Z")

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> [@tds1273](#):
>
> That’s a little personal for a dinner conversation isn’t it?

he he

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**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\
**Post date:** [March 5, 2009, 8:53pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/675 "2009-03-05T20:53:07Z")

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> [@tds1273](#):
>
> That’s a little personal for a dinner conversation isn’t it?

Well, he was trying to sell it. The final price it brought was $100.

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**Author:** ![NurseCarmen](https://avatars.discourse-cdn.com/v4/letter/n/5daacb/32.png) [@NurseCarmen](https://boards.straightdope.com/u/NurseCarmen)\
**Post date:** [March 5, 2009, 9:01pm UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/676 "2009-03-05T21:01:27Z")

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Listening at work to the [uptake.org](http://uptake.org) is interesting. Franken’s lawyers are bringing up voters that had their (presumably Franken) votes improperly thrown out. Friedberg brings them up on cross and totally agrees that their votes had been thrown out improperly. Whereas, when the roles were reversed and Coleman’s witnesses were testifying, Lillehaug was obliterating them. But because of how Coleman’s campaign is trying to couch their case, they have to agree that ballots were wrongly rejected. So because of the path they chose, they are helping to expand Franken’s lead.

Ahhh, the tangled web.

On another front, the Franken team has finally gone and asked that the case be dismissed, something everyone knew was coming, but no one knew what time it would.

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**Author:** ![sweepkick](https://avatars.discourse-cdn.com/v4/letter/s/87869e/32.png) [@sweepkick](https://boards.straightdope.com/u/sweepkick)\
**Post date:** [March 7, 2009, 1:08am UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/677 "2009-03-07T01:08:36Z")

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> [@Sinaijon](#):
>
> Hypocrysis about the election is rampant on both sides. Here’s a topical quote from Franken’s Blog, back in December **(back before he was trying to suppress improperly rejected absentee ballots in the court case)**
> 
> [http://blog.alfranken.com/2008/12/02/sos-directs-local-officials-to-review-uncounted-absentee-ballots/](http://blog.alfranken.com/2008/12/02/sos-directs-local-officials-to-review-uncounted-absentee-ballots/)

Ahh yes, as many here know, one of the great benefits of being today’s “conservative” is not having to investigate the issues for yourself… your thoughts are directly beamed into your brain by O’reilly, Rush, and Billy-Bob-belly-ache at the end of the bar (as the P2P\* applications are quite powerful as well in ensuring you don’t have to actually exercise any sort of critical thinking).

It’s a great time saver… and as we all know… in this economy, every moment counts.

\*propaganda to peer

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**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\
**Post date:** [March 7, 2009, 2:28am UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/678 "2009-03-07T02:28:45Z")

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The legal fees have to be more than a term in the senate would earn. Who is paying?

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**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [March 7, 2009, 2:42am UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/679 "2009-03-07T02:42:28Z")

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> [@gonzomax](#):
>
> The legal fees have to be more than a term in the senate would earn. Who is paying?

Given his past, I would imagine it will involve a “bad” accountant.

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**Author:** ![Tastes\_of\_Chocolate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tastes_of_chocolate/32/3232_2.png) [@Tastes\_of\_Chocolate](https://boards.straightdope.com/u/Tastes_of_Chocolate)\
**Post date:** [March 7, 2009, 5:20am UTC](https://boards.straightdope.com/t/hows-al-frankens-senate-bid-going/437239/680 "2009-03-07T05:20:57Z")

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> [@gonzomax](#):
>
> The legal fees have to be more than a term in the senate would earn. Who is paying?

At least part of it is f[undraising.](http://kstp.com/article/stories/s772388.shtml?cat=1) The linked article, from early Feb, says they have each raised at least $3 million to pay for the recount legal fees.

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