In a rare Saturday of action the Emmer legal team principals took a Field Trip to Hennepin County's Recount Center. GOPer Tom Emmer trails Democrat Mark Dayton by nearly 9000 votes in the MN Governor's recount. The Emmer volunteer recount team volunteers had challenged a batch of Dayton ballots, over 2600 in the state's biggest county (Minneapolis and many suburbs). These particular 2604 had been ruled "frivolous challenges" and disallowed by precinct election judges. Details on how it went below the fold....
CROSS POSTED AT Minnesota Progressive Project
Frivolous and then there's frivolous
Since the Emmer team trails by 9000 they need lots of ballots to put into play. So their people challenged a bunch of Dayton ballots. But the local officials said these were stupid, silly and most important legally: "FRIVOLOUS."
What kind of stupid/silly/frivolous? How about a ballot that left the governor's race completely blank....votes in other races but not a mark in the governor's collision. The Emmer challenger challenged that this ballot should be counted for Emmer. Why? Because it was blank! No way said the election judge; "Frivolous."
Now the State Canvassing Board did NOT want to look at a ton of these. On Friday they told (and told off in pretty pointed terms) the Emmer lawyers could be opening themselves up to professional discipline if they didn't cut it out. They protested they had not seen the challenges deemed frivolous and they would be the first to withdraw them if they could just have a look. Saturday they had their chance.
FIELD TRIP FOLLIES
The Emmer team sent three lawyers downtown on Saturday morning: former chief justice Eric Magnuson, Tony Trimble, and a third guy. The county elections director and crew set up three counting tables, went to the vault and started bringing in the 2604 ballots in question.
The Dayton team was there as well, although only as observers, since these were Emmer challenges. Two were depth chart player/lawyers...and also there was David Lillehaug, almost unrecognizable without a tie. But that was him blending in since no one else was wearing one either. (Watching on the Uptake you could see one of the county staffers was a young woman in a beautiful hajib....and I'm betting she wasn't Scandinavian, or even Lutheran. Likely on the Reichving boards there were cries of "terrorist", "infiltrator" and "look at her, walking around imposing Sharia Law." That SoS Mark Ritchie isn't even TRYING to pretend to hide it anymore, is he?")
So at table number 1 sat Eric Magnuson and David Lillehaug and the legal talent force field around them was strong enough to melt 7" of snow on the streets for miles around. (Really! After it was over and people left to drive home, everyone noticed a lot less snow on the streets than when they drove in. Because of Pawlenty budget cuts the city of Minneapolis is rumored to only plow snow if it falls Monday through Friday from 8:00am to 4:30pm. So I think it was Lils and Mags.)
And even the karma of the day knew they were the #1 table so they got the 2 highlights of the day.
First, about 35 minutes in, Magnuson pointed to the ballot the election judge was holding up (by law ONLY election judges are allowed to TOUCH a ballot being recounted) and called over his shoulder to Tony Trimble at table #2, "Hey, here's a 'Lizard People' write in.'" The room cheered and a few staffers clapped.
They're back! And spreading from Bemidji last time to the Twin Cities. They're here! They're here!
But then he and the other Emmer lawyers went back to their mantra of the day: "Withdrawn. Withdrawn. Withdrawn. Withdrawn."
Second, just short of the the 1 hour mark, again Magnuson pointed to a ballot at the line reserved for "write in" and put a fist in the air.
"Here's a write in vote for Eric Magnusen!" The entire room roared with laughter. He added playfully, "We're not withdrawing this one!" More laughter.
And then David Lillehaug looked closely and said, "They mis-spelled your name." Hoots of laughter. "S-e-n, not s-O-n."
Magnuson: (Sighing,) "OK, withdrawn."
A nice story from Jason Hoppin, Pioneer Press, here:
http://www.twincities.com/...
The "light on her feet" Grace Kelly at MN Progressive Project has an on the ground recount report putting the kibosh on all sorts of the Emmer case here:
http://www.mnprogressiveproject.com/...
ODE TO TOM EMMER & FINAL NUMBERS
"A hush fell over the pool room
Tommy come-a boppin' in off the street
And when the cuttin' was done
The only part that wasn't bloody
Were the soles of the big man's feet.
Yeah he was cut about a hundred places
And he was shot in a couple more
And you better believe they told a diff'rent kind-a story
when big Tom hit the floor."---Hat tip to Jim Croce
The Field Trip began with 2604 challenged ballots termed frivolous that the Tom Team wanted in, but they promised to withdraw "many." They did.
24 ballots were not withdrawn and will presumeably go through to the State Canvassing Board for final reviews starting Wednesday. 24. Out of 2604. That means 0.92% will go through...and the OTHER 99.08% were, in the words of Dayton attorney Charles Nauen at a post-count pool room press conference, "99% plus were indeed frivolous." 99% of the time the local officials were right!
Who said so? The Emmer legal team says so!
This is just like 2008! "There was no voter fraud. There was no election fraud." Who said so? Joe Friedberg, Norm Coleman's lead attorney. Where? When? June 1, said to the Supreme Court of Minnesota as he argued Norm's appeal.
Kossack Underwhelm put up a Sunday diary detailing the impact of this triumph by the local election judges over the GOP Tom-foolery here:http://www.dailykos.com/...
Minn Post's Jay Weiner's quick report on Saturday morning here:
http://www.minnpost.com/...
NOW WHAT?
Well, a possible short lull until Wednesday morning, December 8. Then the State Canvassing Board meets to start ruling on all the (legitimate, non-frivolous) challenged ballots. These number about 940, about 175 Dayton challenges and the rest Emmer. They will likely finish late on Friday.
Then a return on Monday to check all the numbers one last time and close up shop on Tuesday, December 14th when they will certify the winner of the governor's race.
And after that?
By law, the loser in the race has 7 days after certification to file an Election Contest Court lawsuit (like what happened in 2008, Norm Coleman filing.)
But can they? Are there any facts? Is there any law? There ARE numbers: a Dayton lead of almost +9000, challenges (that are usually rejected at a rate of 90%) that in total amount to just over 900. Can you file a lawsuit/election court with no facts? (Something courts are very picky on.) Can you file one with no law on your side? (Courts are very picky about this too.) If you are a lawyer DARE you file such a suit and risk you professional standing??
In Friday's Uptake, 14 minute video, Justice Anderson spoke sharply to Magnuson and Trimble about something called "Rule 3" and talking about professional conduct. There is also "Rule 11" which apparently has this but even more so. Courts can sanction a lawyer for misconduct--like a frivolous lawsuit--from anything from a public reprimand, through a fine (like the one laid on Tony Trimble 2 years ago for $7500), all the way up to suspension or even revoking someone's law license (although I'd imagine these are pretty rare.) But then Trimble getting a $7500 sanction stunned lawyers everywhere, including one 20-year veteran who said it was the first time he'd ever heard of an amount that high, and in one of the most public cases in years.)
And on another front, can Team Emmer afford to? As in, do they have the money or can they get it? The Dayton campaign early last week casually mentioned they had already raised $1 million for Dayton's recount. Reporters put the parallel question to Sutton the Hutt, who replied they have "a substantial amount" to pursue their legal case.
Substantial amount, eh? Republicans of late have rarely been quiet about their money numbers....except when they ain't got the bucks. Read into this what you like.
Also, on Sunday the Star Tribune reported that Stan Hubbard, owner of KSTP channel 5 (although I thought Hubbard owned KMSP channel 9, which is the local Fox station; channel 5 is ABC. Call letters are similar; could be a Strib goof) and a BIG GOP donor and Emmer backer, said "It doesn't look too good, does it? I would think that Mr. Dayton is going to be governor."
On Saturday the St. Paul Pioneer Press ran an AP story by Patrick Condon that probed whether the money is there for a prolonged Emmer recount battle. Seems rather lukewarm at best (and in Minnesota in December, lukewarm just doesn't cut it, honey.) A piece worth pondering here:
http://www.twincities.com/...
ODDS & ENDS
The MN GOP has conducted a purge in the last few days. Some of their public members had the gall to display thought, rationality and wisdom in public, as well as exercise free speech. For those acts the GOP Supreme Leader, Tony Sutton (the Hutt), has decreed banishment to former governors, congressmen and a donor with a name that you likely have in your baking cupboard. Lucky guys, banished from the presence of Sutton the Hutt. Short story here:
http://www.twincities.com/...
+++++
Ok, maybe he needs the money for that all-star legal team of his. But I like to think Mark Dayton is traveling to New York and Washington DC next week just to yank the chain of all the MN Reichvingers. They have deep, dark suspicions of all Democrats, especially those who actually win office over Republicans narrowly. This way he gets to confirm THEIR WORST FEARS!
Bill Clinton and....YES.....George Soros! Run for your lives, Reichvingers! Thats right! (WineRev tinkles a couple of high piano keys: "Its Dr. Venkmann, boys! You know I play rough!") Here's what its all about in just a few paragraphs:
http://www.minnpost.com/...
+++++++
The Star Tribune's Kevin Giles went out to Washington...Washington County that is, just east of St. Paul (suburban & exurban sprawl) during recount week. He produced a nice, on the ground story, complete with a delightfully non-Scandinavian named defender of democracy, Mary O'Rourke, only 40 legitimate ballot challenges out of 100,000 cast, and a couple of write in names of governor: 1 voter knew the best man to handle the job was a blast from the past: Jesse Ventura. Another knew the Best-er man to handle the job was a blast from even further in the past: Jesus! OK then!
http://www.startribune.com/...
+++++
Finally, look. I know things are bigger in New York City. Taller. More crowded. Far more theatrical.
But I gotta tell ya, bigga ain't always betta. I mean heah in MinnesOHda we knows how do a recount and dose people in da City are just a bunch-a rubes, ya know? Don't hardly know nuttin' 'bout votin' or recounting. Think I'm kiddin' ya? How about dis heah story dat says dey been recounting in da City, and dey found dey missed a few ballots da foist time. How many? Accordin' to da New York Times, how's about 195,000? Not ridin' in a car trunk but maybe ridin' the subway? Read all about heah:
http://www.startribune.com/...
_________
OK it will likely be odds and ends until Wednesday when the Canvassing Board gets rolling on the challenges. If there's enough to post tomorrow I'll put something up. Otherwise keep warm and happy shopping from yust southeast of Lake Wobegon.
Shalom.