Coleman lawyer: I’m done
posted at 8:42 am on March 21, 2009 by Ed Morrissey
How do you know when your legal case looks bad? Your lawyer tells you that he’s quitting before the verdict comes in. Joe Friedberg told local sports station KFAN that he was “done”, and then had to explain what he meant by “done”:
Q. Joe, are you done?
A. Yes, I’m done.
Q. Let me ask you in a different way. Is Norm done?
A. Well, I think that we have been trying this case with the appeal record in mind, and that’s where we’re going, and it’s going to be a very quick appeal, and then I will know whether or not it worked.
Q. Well, when you say quick appeal, are you confident that you are going to lose the case in front of the three-judge panel? By losing the case, I mean Norm ends up with less votes.
A. I think that’s probably correct that Franken will still be ahead and probably by a little bit more. But our whole argument was that it was a constitutional argument, and it’s an argument suitable for the Minnesota Supreme Court, not for the trial court. So we will see whether we were right or not.
After Politico ran with this, Friedberg tried clarifying himself:
“I was interviewed on KFAN by Ron Rosenbaum. He asked me if I was ‘done’, speaking of the trial, I told him that I was ‘done’, not speaking slang but literal, in the sense that my part in the trial court was concluded,” he said. “I believe that our position of enfranchising thousands of Minnesotans who had not had their ballots counted was, and remains, the proper way to proceed.”
It sounds like a miscommunication; Rosenbaum clearly meant done in a slang sense, and Friedberg apparently didn’t pick up on that in his first answer. Still, Friedberg hardly brings sunshine and rainbows to the discussion. He concedes what most of us presume: that the election contest panel will wind up locking in a Franken victory, and that it will take an appeal on constitutional grounds to overturn it.
This seems to confirm that the Coleman team will appeal a loss to the state Supreme Court. Presumably, one focus of that appeal will the taint that occurred in the recount, when the Secretary of State assumed the role of an election contest and started opening ballots rejected on election night. We still don’t know whether they will appeal it to the federal courts on Bush v Gore equal-protection grounds. We can conclude, however, that this will stretch on for at least several more weeks.
Blowback
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Oh great! I hope Senator Franken comes to Kandahar so we can give him a ride in one of our helicopters.
hawkdriver on March 21, 2009 at 8:52 AM
Another tax cheat in the Senate. God help us.
becki51758 on March 21, 2009 at 8:53 AM
This entire election needs a do-over. The good people of Minnesota deserve no less, and the nation needs to have faith that the results are clear and above board. As of today, that is not the case.
Minnesota’s legislature needs to squash this past election, declare it to be hopelessly tainted, and order a new election.
AW1 Tim on March 21, 2009 at 8:54 AM
It’s never a good idea to concede your case to a radio talk show host while the fact finder is still deliberating.
Ted Torgerson on March 21, 2009 at 8:54 AM
If that DOES happen, hopefully there will be a “seat belt malfunction” as the helo is banking hard to show him the sights.
AW1 Tim on March 21, 2009 at 8:56 AM
A local sports station?
Wethal on March 21, 2009 at 8:58 AM
Well ,as a lawyer now he’s DONE.
the_nile on March 21, 2009 at 8:58 AM
Well, when the porkulus programs finish clouding and disassembling state’s individual boundaries, he will merely become a face in the crowd.
ericdijon on March 21, 2009 at 8:59 AM
Bwahahahahahahaaaaa!!!!!!! If the people of Minnesota were “good”, they would have defeated that shitbag by 50%! If they end up with Franken, they deserve what they get.
csdeven on March 21, 2009 at 9:00 AM
Is Freidberg also the appellate lawyer for Coleman? He could have been saying (and should have clarified) that he did the trial phase, as that’s his speciality , but any appeal might be handled by someone else who was an experienced appellate lawyer.
Wethal on March 21, 2009 at 9:00 AM
A local sports station?
Wethal on March 21, 2009 at 8:58 AM
Well, it is a game these days.
artist on March 21, 2009 at 9:01 AM
I recall a comment on Powerline a while ago on Coleman’s choice of Freidberg, who was an experienced trial lawyer, but had little experience in election law. PL was surprises that Coleman would choose someone with little background in election law.
Wethal on March 21, 2009 at 9:02 AM
I really never had a doubt the idiot Franken would win.
What fucking disgrace for my home state.
You would really rather have unhinged, idiot tax cheat Al Fucking Franken as a Senator than Norm Coleman?
You know what? Fuck my home state. Let’s invade them and put all the islamists in jail.
They already elected the first fucking muslim to Congress sworn on a god damn Koran.
Somebody nuke my homestate, please. Fuck Minnesota.
Mr Purple on March 21, 2009 at 9:03 AM
Darn, thread nanny ate my comment again.
Second try.
BTW Ed, I was listening to Rush Limbaugh on my way back from block leave in VA. He was all about your threads and really praising your reporting of the AIG bonus about who knew what and when. Congrats!
When he invites you into his golf foursome for the next big charity tourney, remember us little guys with some autographed Top-Flights, huh?
hawkdriver on March 21, 2009 at 9:05 AM
It’s incredible to me that this goon, Franken, got so many votes. I must be really out of touch.
petefrt on March 21, 2009 at 9:06 AM
Too suspicious. How about a ride in an original-equipped Hummer (no up-armor)?
Defective grenade inspection?
“Hey Senator…look how big the barrel is on this thing…yeah..look right down that hole…..”
BobMbx on March 21, 2009 at 9:06 AM
right on track to a permanent republican majority
sesquipedalian on March 21, 2009 at 9:08 AM
If by out of touch you mean sane, then yeah.
Ann NY on March 21, 2009 at 9:11 AM
hawk, baby, I don’t think you have to worry about Sen. Stuart Smalley ever showing up in Kandahar…much too “primitive” and “distasteful” for someone of his (limited) stature.
uncivilized on March 21, 2009 at 9:12 AM
Yep, Rush appreciates quality. Ed’s become a star. When Ed has Allen Brothers steak at Rush’s, maybe he’ll bring us a doggie bag of leftovers.
petefrt on March 21, 2009 at 9:12 AM
Tax Cheat, a badge of honor for democraps.
Zorro on March 21, 2009 at 9:12 AM
Listened to C-Span for a couple minutes over coffee this morning. When I hear the folks that call in on the Democratic line, or lie about being an Independent and bash Republicans and Conservatives on that line it all makes so much sense. They are the most irrational, mean-spirited and one-sided partisans in the political arena. In a state like yours with so many, I’m sure even a guy like Franken is less of an evil, (to them) than a moderate guy like Coleman.
Early on with this Franken thing, I made a comment about Minnesota on Hot Air I regret. But by the Hot Air commenters, it sounds as though there are still quite a few Conservative people up there. So, sorry for Franken, but sorry for saying bad things about a state I never even visited either.
hawkdriver on March 21, 2009 at 9:13 AM
Ed get out of the state as fast as you can. Franken the unfunny clown will disgrace the state even worse than Ventura. I hear Alaska and Louisianna are great options!
jencab on March 21, 2009 at 9:14 AM
even visited
eitheralso.hawkdriver on March 21, 2009 at 9:15 AM
I’ve figured it out…wanna take a “pass” on paying your taxes this year? Change your voter registration to “Democrat”!
uncivilized on March 21, 2009 at 9:16 AM
I don’t understand.
Our Speaker of the House is a seal, flapping away at the SOTU.
Barney Frank, the bank ruiner, is a pig, snorting at the very thought of getting to “fix” the problem.
Harry Reid is a little poodle, yelping as loudly as he can, even though no one cares.
Now we have the Comedian (an awful one at that) as a senator.
What is his next punch line? I don’t want to know.
On this Animal Farm, some animals are more equal than others!
blatantblue on March 21, 2009 at 9:16 AM
The great state of Minnesota is turning into “Minnesotastan”, and now Franken may end up as their far left Senator. Perfect!
GFW on March 21, 2009 at 9:17 AM
Until the Republicans learn that the only way you can beat the left is to be as ruthless, mean and brutal as they are, their losing streak will continue. They need to stop playing by their rules. Figuratively speaking, if they want a knife fight, you bring a gun.
rplat on March 21, 2009 at 9:19 AM
Heh! Sounds like a plan!
Zorro on March 21, 2009 at 9:21 AM
My relatives in South Dakota refer to it as “the People’s Socialist Republic of Minnesota.”
Wethal on March 21, 2009 at 9:23 AM
You got that right! Those dummies to our north did this and will have to lay in that bed. Wake up you tools!!!!
Minnesota has been teetering on the brink of complete leftist control for some time now. I have just about given up hope for them.
conservnut on March 21, 2009 at 9:30 AM
I couldn’t agree with you more; there is no greater truth in politics today. The time has come that we need to not worry about the ramifications of speaking the truth or dammit even our opinions because of some liberal “PC” rule enforced by the damn MSM. In my case, I struggle about stepping across that line of making being military and not making disloyal statements about public officials.
I recently was part of a panel of Senior Warrants being interviewed by our local paper the “Fayetteville News and Observer”. They’re very liberal but also admittedly, very supportive of Ft. Bragg and the 82nd. So, it’s easy to talk with those guys because you know they’ll use the interview in a respectful and supportive way. I’m being interviewed again by the Washington Post on Tuesday for my Brigade. The boundaries, as I understand from our PAO for my portion, is the aviation training preparation for the mission on this accelerated deployment schedule we’ve been given. I worry I can stay on subject and not say anything to get myself in trouble or worse embarrass the organization. But my God when you’re given that type of forum you just want to drop all the pretense and ask the American People. What are you thinking? Why would you send an idiot like Al Franken whose only claim to fame is poor comedy and hate speech (even against the military) to the Senate where he has a GD vote on what happens to my unit now?
Must…Focus…
Mountains/Desert….Bad….
Training…Good…
hawkdriver on March 21, 2009 at 9:45 AM
I just did a quick number run: Minnesota has about 1.7% of the population of the U.S. McCain had about 3,000,000 fewer in 2008 than Bush did in 2004. 1.7 x 3MM = 51,000. take half that number and put it in Coleman’s column- no recount, election over on election night.
Put another way- Coleman was so uninspiring as a Senator, he couldn’t even win against a hack like Franken.
As I blogged, Franken won’t win. Coleman will lose.
Amendment X on March 21, 2009 at 9:49 AM
Franken: Minnesota’s Obama!
Goody2Shoes on March 21, 2009 at 9:57 AM
I’m with you. The people are like zombies here, anyone thinking of moving to Minnesota, stop, turn around, and run like the wind.
Want a mental image of mainstream metro-Minneapolis? I am deadly serious. Picture hundreds of thousands of Code Pinkos in your coffee house, or your movie theater, or your grocery store. They talk like Code Pinkos, they look like them, they are as militant and nasty as Code Pinkos. It’s like the night of the living dead.
Do not come to Minnesota. Most of us are trying to get out.
jeff_from_mpls on March 21, 2009 at 9:58 AM
We’ll take you guys in North Carolina.
hawkdriver on March 21, 2009 at 10:04 AM
So basically it’s what alot of us thought, when the recount happened Franken would successfully steal the election and that Norm’s main hope would be to appeal to SCotUS and basically have them throw out the results as obviously being tainted. Still the weirdest part is when it comes down to it the real reason Franken hates Coleman is because as far as Franken is concerned Norm is a figurative heretic. (And we all know how much the Pope of Liberalism hates heretics.)
Dave_d on March 21, 2009 at 10:04 AM
Meanwhile in the Lone Star State. We are re-asserting our sovereignty.
The money shot:
conservnut on March 21, 2009 at 10:08 AM
Pretty soon, Obama won’t need the teleprompter anymore.
JellyToast on March 21, 2009 at 10:11 AM
You stupid people of Minnesota are about to get everthing you deserve.A dirtbag ,tax cheat,moron,sumbag peace of human garbage.May your taxes go up, your home values fall,your unemployed rate go to 15%.In other words may your lifes be a living hell for the next 6 years. Change is what you wanted and a little change is all your going to have left if yout lucky.
thmcbb on March 21, 2009 at 10:17 AM
conservnut on March 21, 2009 at 10:08 AM
I thought it would be a resolution to secede….
t on March 21, 2009 at 10:38 AM
[Comment deleted for TOU violation, commenter warned. -- Ed]
JoeySlippers on March 21, 2009 at 10:40 AM
That’s next!
conservnut on March 21, 2009 at 10:41 AM
Banhammer Time!!!!
conservnut on March 21, 2009 at 10:42 AM
Clean up on aisle JoeySlippers on March 21, 2009 at 10:40 AM
kahall on March 21, 2009 at 10:44 AM
You guys could always ask to be split into 2 states since you’re big enough. That way sane people can have a senator and Minneapolis can have Franken.
Dave_d on March 21, 2009 at 10:45 AM
And America completes another lap as it circles the drain at an ever quickening pace…
Wyznowski on March 21, 2009 at 11:00 AM
Definitely Coleman has a problem of inspiring others and lacks any charisma and isn’t going to win any congeniality contests, but otherwise is a competent rational person who will make correct decisions and challenge the right people. In a state which gives near total support to the other party and voters who value familiar endearing names like Dayton and Klobuchar, where other family members were successful, over competence on one’s own, you will not win unless you have some radical near nut ball personality like a Wellstone or Ventura to attract an otherwise dormant population of voters, you simply will not get elected.
Franken is the result of a third party candidate getting 15% of the vote (none of which would have gone to Franken these voters would have stayed home or voted Republican), a first time “vote early process” that was not administered and supervised that allowed irregularities to shift the result in a close election and a legal challenge that argued about how to take corrupted and irregular votes and argue which ones to count or not.
A runoff would be the correct solution but will never happen. If there were a runoff I say Coleman wins 58% to 42% maybe by slightly more.
Minnesota gets what it deserves lutefisk on the loose. Uff da.
rsl775 on March 21, 2009 at 11:02 AM
Let it stretch out for as long as it needs to. The more friction to the legislative process the better chances of slowing down Messianah’s Reefer Madness Libtocracy.
Still, I look forward to seeing that atrocity Franken on the political TMZ circuit. He will shame the Dems and show how corrupt and stupid they have become.
EMD on March 21, 2009 at 11:23 AM
I don’t think it is time to telegraph moves to the opposition.
Dr Evil on March 21, 2009 at 11:27 AM
You lost again.
Man up Coleman.
getalife on March 21, 2009 at 11:35 AM
SUSA did a poll a while back and no one would change their vote. The polls before the election, for a 2 way race, had Coleman and Franken neck and neck, with Franken ahead I think in one or two polls. This state has gone off into the deep end; dems almost have supermajorities in the legislature. The only reason why this state hasn’t headed toward CA is because of Pawlenty.
IR-MN on March 21, 2009 at 12:29 PM
What is a TOU violoation?
Jvette on March 21, 2009 at 1:19 PM
Oh well… Norm was a RINO and we want to get rid of all of them here….A “real” conservative would somehow think it’s better to have Al goddamn Franken, right?
Boxy_Brown on March 21, 2009 at 2:06 PM
Terms of use.
ericdijon on March 21, 2009 at 2:24 PM
Threatening him with something?
sethstorm on March 21, 2009 at 2:39 PM
sethstorm on March 21, 2009 at 2:40 PM
This is whats going on…..Coleman knows he can’t win. But the money people in the gop will continue to fund his lost cause because this will keep Franken from becoming the 59th Democratic senator. For a while, which the goopers are content with in their futile attempt to stop Obama and his policies. The gop does not care about the country, only attacking Democrats. Just when I think the gop can’t sink any lower they surprise me. Slowly but surely the gop will go the way of the Whigs, just a sad note in history.
athensboy on March 21, 2009 at 2:53 PM
+100
sethstorm on March 21, 2009 at 2:59 PM
The gopObama does not care about the country,only attacking Democratsonly his narcissistic desires.athensboy on March 21, 2009 at 2:53 PM
Wake up, -boy. You are delusional. Plus, don’t celebrate the demise of anyone, yet. You will be sacrificed, among the first.
On topic, I wish you and yours, as well as the country, enough votes in the Senate, to destroy us soon. We must suffer, preferrably with a huge depression, so we find our compass and our values, again. 2010 will shock you.
Entelechy on March 21, 2009 at 3:01 PM
A clean sweep of all our representatives is essential. They are all crooks. We must also enact a mandate that no person can hold that office for more than two terms and that none can campaign for another office until s/he finishes working and earning his/her keep in the office s/he is currentl in.
Entelechy on March 21, 2009 at 3:04 PM
Another day, another election stolen. Go to hell, Minnesota. You are a disgrace.
Percy_Peabody on March 21, 2009 at 3:12 PM
What do you mean?
hawkdriver on March 21, 2009 at 3:32 PM
Tax Cheat, a badge of honor for democraps.
Zorro on March 21, 2009 at 9:12 AM
They pile on so many of these that the public doesn’t even care any more. *#@% rolls down hill and this one comes all the way from the top. It’s time to use this scum as an example for all to see, and run a Republican against him. Minnesota voters are so spineless, I doubt anything will come of this. Hollywood and the lowest of the lowlife dems have their candidate in place. It’s time to move.
oakpack on March 21, 2009 at 4:00 PM
Threatening the life of Franken during one of those helicopter rides.
sethstorm on March 21, 2009 at 4:09 PM
What gave you that impression? Is every liberal as dense as you?
No Slappy, that wasn’t a threat. It was voiced out of irony and out of the frustration of everything you liberals represent and support.
Al Franken is a complete idiot. On many occasions I have personally heard him say disparaging things about the US Military on Air America. I have heard his previous Air America alumni Randy Rhoades say in so many words that she wanted us to lose. I sat in a small audience in Camp Udairi Kuwait and watched him during a USO Show, try to get the National Guard upset about the equipment they were issued in a stupid comedy routine he did. He came out with a trash can lid on his chest and was saying he admired the IBA the Active units were wearing and the trash can lid was all the National Guard got. Now, the idea of this bastard coming to visit the very troops he crapped on and us having to haul his leftist, military-hating ass from one FOB to the other is just the height of irony for me. The idea of having to protect his sorry ass over the well being of my crew and me personally when he and Air America did everything they could to keep us in harms way is almost too much to bear.
Sheez! Don’t worry, if I got assigned the mission, the worst he would he see is the “No Donks Allowed” patch I put on my NVG Velcro on my helmet for just such occasions. He’ll be fine if he visits. My God man, do you think we’re the extremists that Leftist Professor Daly called on to attack our own military leaders. No, we’re not like the liberals. We protect even
the passenger that make our skin crawl.
Get it? Should I use smaller words?
hawkdriver on March 21, 2009 at 4:20 PM
I’ve missed it. This helicopter>:
unclesmrgol on March 21, 2009 at 4:21 PM
Reply to Mr Purple.
Dude, what`s with the potty mouth? If you can`t make your point without using the f bomb then shut up.
What would your mother say??
whyyeseyec on March 21, 2009 at 4:43 PM
Come on Ed,
Did you honestly think that this wasn’t going to end up on appeal? That might have been true if the “recount” had been definitive but this was a case where the lawyers were playing to the appeal since about December. What really is sad here is that none of the parties involved show any shame in the fact that the fifth month anniversary is looming and there still is no clear resolution. It’s pathetic and MN should seriously consider impeachment/firing for many of the officials that have been involved. I’d suggest holding off new legislation until you all have figured out just how in the hell you all managed to f**k up this process so thoroughly.
P.S. Other states should be making sure that their own processes aren’t so f**ked up that they become as much a national joke as MN has become.
highhopes on March 21, 2009 at 5:23 PM
I find it AMAZING that there were more votes cast in Cook, Lake, St Louis and Kitson Counties in Minnesota that there were regitered voters and there was NO questions raised about the validity of those votes. It’s only going to get worse folks and if you think there will be valid elections in the U.S. after Obama has unconstitutionally seized the census, passed that census off to ACORN and funneled BILLIONS to ACORN, you need to back away from the crack pipe!
nelsonknows on March 21, 2009 at 5:41 PM
+10
hawkdriver on March 21, 2009 at 5:47 PM
Maybe he was the problem all along.
JellyToast on March 21, 2009 at 6:19 PM
I can’t think of anything within the Terms of Use to say about Minnesota.
However, Texas is on the right track in declaring their sovereignty.
The treaty that brought Texas into the union also gave it the right to split into up to five (5) separate states. Now would be a good time to get over “who would get the Alamo” and add eight (8) senators from what is now Texas. Perhaps they could form a commonwealth of five states. :-)
Right_of_Attila on March 21, 2009 at 7:15 PM
*Weeping*
*Weeping for my state*
Aronne on March 21, 2009 at 7:37 PM
Well, we can empathize out here in WA big time. If it’s close, they can steal it.
JeffB. on March 22, 2009 at 2:22 AM
OK CANADA THIS IS MY FINAL OFFER TAKE MINNESOTA AND WE WILL THROW IN CHICAGO AND WE WILL GIVE YOU 20. DOLLARS .PLEASE DO WE HAVE TO BEG .PLEASE TAKE THEM
wade underhile on March 22, 2009 at 11:59 AM
Does anyone really believe that the Supreme Court would even touch this?
If so, I’ve got a bridge…..
harry on March 22, 2009 at 6:03 PM
Ok Canada…..
wade underhile on Mar 22,2009 at 11:59AM.
wade underhile: Lets swap Quebec for Mn.and Chicago!haha!
canopfor on March 22, 2009 at 8:57 PM
Another day at the office at HA.
crr6 on March 23, 2009 at 12:52 AM