If Franken wins, he wants Coleman to pay court costs, some lawyers’ fees

[babylonsister]

:evilgrin:

http://politicalwire.com/archives/2009/03/18/franken_wants_coleman_to_pay_court_costs.html

Franken Wants Coleman to Pay Court Costs

Al Franken (D) wants the judges who heard Minnesota's U.S. Senate trial to force Norm Coleman (R) "to pay court costs and some opposing lawyers' fees -- a potentially expensive bill -- if the Republican loses his bid to overturn the results of the recount," the Minneapolis Star Tribune reports.

If Franken wins the ruling, it could be a big disincentive for Coleman to continue his efforts to drag out the court fight.

********************************************************

If Franken wins, he wants Coleman to pay court costs, some lawyers’ fees

Each side submitted summaries of its case to the three judges who are deliberating in the Senate election contest.

By PAT DOYLE, Star Tribune


Democrat Al Franken wants the judges who heard the U.S. Senate trial to force Norm Coleman to pay court costs and some opposing lawyers' fees -- a potentially expensive bill -- if the Republican loses his bid to overturn the results of the recount.

Franken sought such payments in a document filed Tuesday summarizing his case. In it, he also asks the judges to consider evidence involving 430 absentee ballots that he had identified as wrongly rejected, and is asking specifically that 252 of them be counted.

Coleman also filed his summary of his case Tuesday, reiterating in detail his argument that wrongly rejected absentee ballots, missing and twice-counted ballots cost him the election. Recount results certified in early January showed Franken on top by 225 votes.

Franken's document asks that Coleman pay the costs of the seven-week trial. And in seeking attorneys' fees for Franken lawyers, it refers to sanctions that the judges earlier imposed on Coleman for failing to follow court rules on disclosing information about a witness, Minneapolis election judge Pamela Howell.

more...

http://www.startribune.com/politics/national/senate/41394162.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUnciaec8O7EyUsl

[Cha]

1. Rec'd~ As coleman should

pay and I'm glad Franken is asking.

[DrDan]

2. sounds right - they are just keeping it in the courts to avoid seating Franken

[Me.]

3. Franken Has A Shot Here

and this really should make Coleman re-think his position going forth.

“Schultz poses a very interesting scenario, one that could bring the entire appeals process to a crashing halt and force the granting of a certificate of election.
The election-contest proceeding operates under a loser-pays system -- so if Coleman loses, his campaign committee would have to pay all the legal costs of Team Franken. Those numbers aren't publicly available, but Schultz estimates it at anywhere between $1-3 million.

And it's also normal procedure in such civil cases, Schultz explains, for a losing party that appeals to then be served a court order requiring them to place in escrow the amount for which they are currently liable. So if Franken's lawyers are smart people -- and nobody would doubt that they are -- Schultz sees it as very likely that they would seek to force Coleman's committee to procure millions of dollars up front just so they could start an appeal.

Coleman (read: the NRSC and RNC) would have to put up millions of dollars in advance just to have the appeal heard. The question then becomes: Is it worth it to the Washington Republican establishment to dump a couple million bucks in exchange for a Franken-less Senate for an extra two months? My guess is that they'll decide against such an "investment," but it won't shock me if Republicans pony up the cash either.”

http://www.democraticunderground.com/discuss/duboard.ph...

[pleah]

4. Coleman should pay the costs and fees for being such an asshole.

:evilgrin:

[ayeshahaqqiqa]

5. A good move

I think Coleman should be liable for the court costs so he won't drag it out.

[libodem]

6. Swear to God!

I was layin' awake last night thinking about that very issue. I SO hope he has to pay. This has been bullshit.

[Hieronymus]

7. That'll chap Coleman's ass .... good.

[progressoid]

8. Great - just as long as it doesn't drag this out anymore.