Franken to move to dismiss Minn. Senate case

[struggle4progress]

By BRIAN BAKST Associated Press Writer
The Associated Press - Thursday, March 05, 2009

ST. PAUL, Minn. Four months after Minnesota voters threw their Senate election into chaos, Democrat Al Franken's lawyers finalized papers Wednesday asking a court to bring an end to Republican Norm Coleman's lawsuit over the result.

Franken attorney Marc Elias said he would file the motion for dismissal Thursday and hoped it would be argued publicly on Friday. Coleman attorney Ben Ginsberg characterized the move as "pawing of the ground and snorting of the breath" ...

Meanwhile, Franken made a brief appearance at a Capitol awards ceremony a block away from the courthouse. He expressed confidence that the trial would go his way, but he declined to rule out an appeal if Coleman prevails.

"We're taking this one step at a time, but I anticipate that we're going to be happy with the court decision," Franken said ... http://www.thedickinsonpress.com/ap/index.cfm?page=view&id=D96NGT1O2

[rpannier]

1. Shill O'lielly and dickless morris will come down with a case of the vapors

Maybe shill will finally have that "hissy-fit heart attack"

[XOKCowboy]

2. They're awful afraid of "a former comedian" aren't they?

Good Luck Senator Franken.

[GoCubsGo]

8. The really sad thing about it is...

...we don't get to hear Senator Franken's take on the current hoopla regarding "Comedian Rush Limbaugh", who is the apparent leader of the GOP. I can only imagine what he has to say about this whole thing. The republicans are afraid of the "former comedian", yet the putative head of their party is an entertainer. Heh.

[bdamomma]

9. the repigs do not want Senator Franken to be the 59 vote.

I despise the repigs.

[orleans]

3. coleman is such a smarmy, desperate puke, isn't he? n/t

[opihimoimoi]

5. Worse kinda Senator to get....a Senator w NO CLASS

[SoCalDem]

4. Franken needs to leave MN, and go to DC.. start going on interview shows

and act like the senator he rightfully is.. He can do all that without actually CLAIMING to be the senator, but he can certainly get his views "out there".. By staying in MN, and letting Normie call all the shots..or appear to be calling them, he's losing the edge he needs to be an effective senator.. He has plenty of lawyers, and there's surely lots of time for him to go back if he really needs to be there..

[backscatter712]

6. Looks like patience may pay off.

It took way too long, but Franken's lawyers made good use of the time, and systematically destroyed every single argument from Chiclet Teeth.

Coleman's case has been systematically dismembered, and now it's time to deliver the coup-de-grace.

[ThomWV]

7. Let me ask this - can Coleman appeal a case that has been dismissed?

On one hand it seems to me that any decision can be appealed until you hit the Supreme Court where a decision is made from which there is no further appeal. On the other hand once a lawsuit has been dismissed it makes sense to me that it could not be reopened - that it is over and gone, there is nothing left to dispute.

I have a strong prejudice against paradox, a thing can not both be and not be. So one of the above doesn't work. Can some one please make me smarter here?

[Gregorian]

10. It just happened to me.

Case dismissed, and off it goes to the California state appellate court. Mine is civil. I don't know diddly about law. For all I know the Franken case is civil as well? And there may be other limitations I don't know about. One thing I learned during my case is that it's incredibly stupidly complex. Or so it seems to me.

I don't know if one can appeal a dismissed case in an appeals court. God I hate legal crap. It seems to play to the dumbest in our specie.

[struggle4progress]

11. I'd usually expect a right to appeal dismissal but the appellate court might simply refuse to hear

the appeal

The law governing this might be complicated and local. For example, I might not expect a right to appeal dismissal of a case in small claims court. But I'm not a lawyer

[barbtries]

12. i'd love to see the motion granted

send AL FRANKEN to the senate NOW