Wednesday, May 23, 2012

MN Sen: Coleman Team Files Notice Of Appeal

April 20, 2009 | 5:36 PM

Republican Norm Coleman's team filed a notice of appeal with the state Supreme Court today, trudging forward with a legal battle even as Democrat Al Franken, whom a three-judge panel recently declared the winner by a 312-vote margin, begins to hire staff.

"We do believe that the district court got it wrong on the law," said Ben Ginsberg, a Coleman attorney. "Their decision disenfranchises many Minnesotans whose votes have been wrongly rejected."

Ginsberg would not say if Coleman's team will push the case all the way to the U.S. Supreme Court. "We're just thinking about the Minnesota Supreme Court for now," he said.

The state court is expected to address the matter, Ginsberg said, on "an expedited basis."

During the conference call, a regular tool utilized by both sides in framing the post election debate, Ginsberg would not say where he was in the world, though it appeared in the early pre call chatter that he was in Europe.

"My mind is in the state of Minnesota even if my body is not," Ginsberg said. When pressed by a reporter to specify, he added, "I'm talking to you on the phone, fella" from "a secret and undisclosed location."

Franken announced his selection today of his state director, a move that Republican Party of Minnesota Chairman Ron Carey called a "publicity stunt" and cited as evidence that Franken is willing to toss aside the absentee ballots Coleman's team is disputing.

"The truth could never be clearer that Al Franken has decided that 4,400 Minnesota voters are disposable," Carey said in a statement. "While the due process and equal protection rights of our fellow citizens are being denied, Al Franken is determined to thumb his nose at the Minnesota Supreme Court. This is another shameful episode of disenfranchising voters from Al Franken, and his disrespect for the constitutional rights of all citizens. Given his proven callous disregard for Minnesota voters, his new 'employees' should be very concerned about Mr. Franken's past treatment of his employees, particularly his unwillingness to pay their worker's compensation premiums."

Franken attorney Marc Elias discounted the filing as legal stall tactic, and he said the Democrat's team will filing a motion tomorrow morning asking the state Supreme Court to expedite the process. He said the Coleman legal team is in "the death throes."

"When it comes to disenfranchisement, no one holds a candle to the legal team put together by former Senator Coleman," Elias said.

"At some point you have to accept the reality for what it is," he added.

(JENNIFER SKALKA)

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