Ace of Spades HQ

January 27, 2009

Coleman's Election Trial Not Going Well
— Gabriel Malor

The trial phase of the election contest got off to a rocky start yesterday afternoon when it was discovered that Coleman's attorneys had never been in a courtroom in their lives:

The trial on Minnesota's U.S. Senate recount stalled on its first day Monday when the judges said photocopies of 5,000 excluded absentee ballots couldn't be used as evidence because Republican Norm Coleman's campaign workers had marked on them.
The marks the campaign workers made included, in some cases, numbering or redaction of private information. After a Coleman witness admitted to the markings, Franken's attorneys objected to using them as evidence because they had been altered.
The three-judge panel hearing the case agreed and told Coleman's attorneys they would have to subpoena the original ballot envelopes instead. That could add days or more to a trial already expected to last weeks at a minimum.
"We were not prepared to go forward with any other part of the case - probably until next Tuesday," [Coleman's attorney Joe] Friedberg said.
That elicited little sympathy from the three-judge panel. "... you better have some backup witnesses," Judge Denise Reilly said.

Outside the courtroom yesterday evening, attorney Friedberg was heard to remark, "So, those guys in the robes, they were the judges, right?"

Posted by: Gabriel Malor at 04:42 AM | Comments (53)
Post contains 218 words, total size 2 kb.

1 Sadly, I see lawyers make boneheaded moves like that one quite often so it's not like these lawyers are the worst ones out there. Then again, one would hope that Coleman would have hired the best ones out there with so much at stake.

Posted by: Mike at January 27, 2009 04:47 AM (nWKEi)

2 Did you expect otherwise? Look at how the original recount went -- out-hustled and out-lasted. Whuh happened?

Posted by: Lastrick at January 27, 2009 04:51 AM (t5lGi)

3 Don't worry, the guys at Powerline will assure us that while the operation was a success, the patient died. It's not like Coleman wanted to win anyway. That wouldn't be bipartisan.

Posted by: George Orwell at January 27, 2009 04:52 AM (AZGON)

4 They probably have been in a courtroom at least one more time than Malor.

Posted by: polynikes at January 27, 2009 04:54 AM (m2CN7)

5 Coleman called Franken and asked "Um, hey Al, know any good lawyers?" "Sure do, I'll send your their number."

Posted by: eman at January 27, 2009 04:55 AM (ZsOIJ)

How fucking typical.

Posted by: Mr. Pissed at January 27, 2009 04:56 AM (KZKfb)

7 So the people of Minnesota either get Al Franken or the guy who has, so far, been outsmarted and outlawyered by Al Frickin Franken.

Well, Al had a little help (by just about everyone), but it's still not much of a choice.

Posted by: SlaveDog at January 27, 2009 05:03 AM (H6Jyg)

I hope they expected hostile judges going into this case. I expect that Coleman will lose and I dont see much of a loss for conservatives anyway. He is a liberal RINO and as the vote on the Treasury Sec shows the Senate already has a more than 60 vote liberal majority with a Number of Democrat(R)s.

Posted by: Vic at January 27, 2009 05:04 AM (f6os6)

9 Coleman or Franken, won't make any difference in the long run. The Republicans are primed to crumple like a wet tissue on any issue anyway. There won't be much left of this country in a couple of years.

Posted by: the real joe at January 27, 2009 05:05 AM (2t2zK)

10 Actually I was wondering why doesn't she order airstrikes on the bad guys forces while they look for Mobuto? I also wondered about VFR and why they haven't warned the pilots that ATC has been compromised and to be especially vigilant in exercising course changes.

Of course the idea that possession of this one box gives them complete control over all the infrastructure in the US is complete and utter BS anyway.

I was glad to see that they haven't backed away from their contention that all ills in the world can be traced back to evil greedy Americans. I don't think I could go a week without bing reminded how morally corrupt I am.

Posted by: chad at January 27, 2009 05:08 AM (Fdmhw)

11 I swear to God, we must have Larry, Curley and Moe working for the republicans... the freaking democrats are not rocket scientist... why do conservative representatives always find a way to shoot the fucking horse?!

Posted by: Bobaloo at January 27, 2009 05:17 AM (CoOYX)

12 Does this guy, who on initial count, couldn't even beat STUART FUCKING SMALLEY, even deserve to win?

Posted by: james at January 27, 2009 05:17 AM (0ci1y)

13 "...you better have some backup witnesses" said liberal judge and SNL devotee Denise Reilly. She added " Al do a skit for us c'mon, c'mon, c'mon, c'mon".

Posted by: shim at January 27, 2009 05:18 AM (qB1yC)

14 It sounds like the numbering is Bates Numbering, which is standard with civil cases.

http://en.wikipedia.org/wiki/Bates_numbering

I've never heard of this problem as long as they are true and correct copies. Either the issue is the other markings (which might be in places that can be confused with marks made by the voter) or the judge is looking for reasons to trump up to try to throw out the evidence.

Posted by: Phelps at January 27, 2009 05:18 AM (Mx6FB)

15 No free rubbers from Nancy, and an ass fuckin' from Franken. Yay, I'm the one of the 118th conservatives left! We're fucked.

Posted by: hutch1200 at January 27, 2009 05:31 AM (9aAKh)

OT: self-confessed dry-drunk Jack Cafferty over on CNN, referring to Rush Limbaugh as a "corpulent Oxycontin aficionado."

Keep it classy, Cafferty.

Posted by: railwriter at January 27, 2009 05:33 AM (nwEiU)

In other news, that Secret Service agent had to feel pretty stupid being dragged over the balcony on "24" ... before he died and everything.

I thought the First Husband was going to wrap the noose around his neck at the last minute and push him over the edge.

Carly Pope getting shanked was awesome. Just wish we could've seen her getting undressed first.

Also, it looks like next week Jack, Tony, and Bill fuck some shit up.

"How'd they find us?!?!"

Posted by: EC at January 27, 2009 05:36 AM (mAhn3)

Also, Agent Renee Walker is haaaaaaaaaaaaaawt!!! I just found some pics of her over at IMDB dressed up as a dominatrix.

* grabs cocoa butter *

Be back in 30 seconds.

Posted by: EC at January 27, 2009 05:37 AM (mAhn3)

Hey, I've been in a courtroom before. It's no big deal.

It wasn't jury duty.

uh, I wasn't trying a case either.

*cough*

Posted by: Dave in Texas at January 27, 2009 05:38 AM (VEBC3)

20 The Republicans got where they are the old fashioned way, they earned it. They will continue to earn it.

Posted by: WalrusRex at January 27, 2009 05:39 AM (DVVXZ)

21 I swear, if this is the best that the GOP can do, then I'm done with politics.

Posted by: Aitch748 at January 27, 2009 05:42 AM (CvXyw)

Hey, from Hot Air....Sarah Palin has launched her PAC.

http://www.sarahpac.com/

Posted by: Nancy at January 27, 2009 05:50 AM (dMnLe)

23 I wish I could be surprised at that but I'm not. You would not believe some of the idiotic things that I've seen supposedly experienced trial attorneys do.

Posted by: alexthechick at January 27, 2009 05:51 AM (SHHaV)

24 So is Coleman going to hire real lawyers or just give up now?

Posted by: GarandFan at January 27, 2009 05:53 AM (237hA)

Coleman's Election Trial Not Going Well

I didn't think it would. From the time I first heard he was going to fight it, I honestly thought he would lose. This election has been rigged at every level and the lack of investigation into this has been stunning. But I was so ecstatic that someone was not going to just lay down and die. We must fight. Even if we know we are going to lose, we must fight.

Posted by: katya at January 27, 2009 05:56 AM (oRJZj)

26 Conservatives in this country are kind of like that white board in Battlestar Galactica where it lists the remaining survivors. That's us Conservatives now as this country goes down the drain awash in skittle juice and unicorn pricks.

Posted by: CDR M at January 27, 2009 05:56 AM (y67bA)

27 Any good lawyer is a Democrat. Just look around. Coleman is screwed

Posted by: billypaintbrush at January 27, 2009 05:57 AM (R3MUt)

Off topic but I just read the tax cheat now wants to enact rules to limit lobbying for the bailout. A totally pointless and empty act seeing as they already have lobbyists that have asked for political favors and gotten them for this stimulus Pres. GongShow is trying to ram through

This is closing the barn door after the horse is out. Total empty gesture to give the illusion they aren't paying off their cronies with our money when we know they are

Posted by: screw them at January 27, 2009 05:59 AM (hphNR)

29 #20 Takes ya that long? I heard Franken can do it in ten.

Posted by: George Orwell at January 27, 2009 06:02 AM (AZGON)

30 This whole thing reminds me of a preview I saw of a street thug on the show, 'Gangland.' Paraphrasing, he said winners win because the losers play by the rules. Winners have no rules.

Posted by: Twinks at January 27, 2009 06:03 AM (KGbOi)

31 #30 Good thing that lobbyists for gubmint contractors... say, Raytheon... aren't actually in gubmint, thanks to President Waffles. Oh, wait... Will any lefties other than utter moonbat bloggers ever wonder why every Unicorn promise has an expiration date?

Posted by: George Orwell at January 27, 2009 06:07 AM (AZGON)

32 I've never heard of this problem as long as they are true and correct copies. Posted by: Phelps at January 27, 2009 10:18 AM (Mx6FB) You never heard of the best evidence rule? FRE Rule 1002. Requirement of Original To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress.

Posted by: HawaiiLwyr at January 27, 2009 06:15 AM (QNR6n)

33 coleman is supposedly the great attorney who was going to take it to George Galloway but got his ass handed to him instead. He was beat by one of the least appealing people in the country in a state that is supposedly "nice" and "civil". loser

Posted by: ed at January 27, 2009 06:17 AM (Urhve)

I've never heard of this problem as long as they are true and correct copies.
Posted by: Phelps at January 27, 2009 10:18 AM (Mx6FB)

You never heard of the best evidence rule?

FRE Rule 1002. Requirement of Original

Maybe Phelps works in a jurisdiction which uses the "Secondary Evidence Rule." Of course, even under the Secondary Evidence version, evidence which has been marked on by one of the parties still wouldn't be admissible when a genuine dispute exists concerning the content. Since Coleman's folks marked up the copies, I'd say there's a pretty genuine dispute about what the content says...before we even get to the point of the whole trial, which is to determine if ballots were improperly rejected...based on their content.

Posted by: Gabriel Malor at January 27, 2009 06:32 AM (XQywO)

35 This isn't just stupid, this is Minnesota stupid.

Posted by: Lemmiwinks at January 27, 2009 06:39 AM (5GNS+)

36 Is it too late to discover a shitload more votes for Coleman in someones trunk?

Posted by: TXMarko at January 27, 2009 06:40 AM (Sd5d0)

37 Posted by: Gabriel Malor at January 27, 2009 11:32 AM (XQywO) Agreed. I have to say (as an attorney geek) I had a chuckle when I read that these boneheads actually wanted to admit marked up copies of ballots without also admitting the original unmarked docs. Since it is highly unlikely they called in the 3000 voters, how were they going to authenticate the exhibits? I am not sure if there is a "trust me" exception to the Minnesota Rules of Evidence.

Posted by: HawaiiLwyr at January 27, 2009 06:41 AM (QNR6n)

38 Rules, always with the Rules, aren't they?

Posted by: mikeyslaw at January 27, 2009 06:41 AM (QMGr1)

Markie Marxist sez: "The Republican Party might be able to get away with just counseling, but I'm getting the feeling that they're going to have to go in for rehab. Even their role as "credible opposition" is slipping as they lose their credibility. We Marxists need credible opposition to make us look good, so I hope that the Republican Party doesn't collapse completely, but at the rate they're going, I don't know. They seem to have left Rush Limbaugh holding the bag, and he's not even a politician. The only one still standing with any name recognition is Palin, but she's off chasing dogsleds or something and she's too busy with that to do much national leadership.

The Republican Party has collapsed. Maybe Palin could pose with her Dad's polar bear rug again. I mean, that would be *something*. Otherwise we Demosociocommiecrats are going to look like the tyrannical dictators we are, and that would make us look bad. It's nice to have no serious opposition, but having none at all is just too much."

Posted by: Chas at January 27, 2009 06:42 AM (1XTjz)

40 Billy paintbrush

Any good lawyer is a Democrat. Just look around.
Coleman is screwed

I beg to differ. There are plenty of us good Conservative Republican trial lawyers around. The problem is neither the Democrats or the Republican Leaders tell the whole truth when discussing a case. This is the one area where both parties have it wrong.

By the way, not marking on an exhibit is Trial Advocacy 101. Pretty bone-headed mistake.

Posted by: Michael at January 27, 2009 06:54 AM (FEkh2)

I want to go into politics, just so I can make a Political Action Committee with a clever acronym. Palin should have pulled together the Alaskan Statesmen for Sarah PAC. Or maybe the Conservative Oversight Leadership Development PAC.

Anyone want to contribute to the Texans United PAC?

Posted by: reason at January 27, 2009 07:13 AM (V40IZ)

Why didn't Coleman hire one of the Powerline guys? Where is the Minnesota Jim Baker? Out ice fishing?

Posted by: Joe at January 27, 2009 07:33 AM (+GRGs)

43 I'm disappointed, but is anyone here really surprised that this is how it's going?

Posted by: RM at January 27, 2009 08:04 AM (XWJh5)

why do conservative representatives always find a way to shoot the fucking horse?

That's a reasonable question in many situations, but I don't see how it applies to Coleman.

Posted by: flenser at January 27, 2009 09:10 AM (qklDa)

45 Check Franken's computer for child porn.

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