Dead In Its Tracks, Sanctions are Warranted: An Anatomy of Norm Coleman's Failed Contest Effort

[BradBlog]

Dead In Its Tracks: An Anatomy of Norm Coleman's Failed Effort to Contest MN's U.S. Senate Election
Sanctions are now warranted against the former Republican Senator, according to the legal analysis of a veteran attorney and political science scholar...

I am a California attorney. After 31 years of practice, I find myself in the enviable position of semi-retirement. As my practice winds down, I have had the luxury to follow the Coleman election challenge closely, both reading court filings and watching a good deal of the proceedings. I consider The BRAD BLOG the most extensive and thorough source of the dangers of E-voting. I felt, however, it would be useful to provide a legal analysis of the present state of the Coleman challenge.

Brad Friedman's described the latest effort by team Coleman to challenge absentee ballots it had previously agreed were properly opened and counted, as a "flip-flop,". While accurate, the term does not begin describe the deep legal dilemma now faced by Norm Coleman's attorneys in the U.S. Senate election contest in Minnesota...

FULL GUEST EDITORIAL: http://www.bradblog.com/?p=6934

[The Velveteen Ocelot]

1. I have been waiting and hoping for the court to nail Coleman's lawyers

with Rule 11 sanctions. They are absolutely deserved.

[dflprincess]

4. What is Rule 11? (eom)

[hfojvt]

5. Nobody over a mile high is allowed in the courtroom?

OFF WITH HIS HEAD!!!

[Taylor Mason Powell]

6. Federal Rules of Civil Procedure, Rule 11

It wouldn't apply in the Coleman/Franken case, because they're not in federal court. But I'm sure there's a Minnesota equivalent.

----------------

http://www.law.cornell.edu/rules/frcp/Rule11.htm

(b) Representations to the Court.

By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

(c) Sanctions.

(1) In General.

If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2) Motion for Sanctions.

A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

(3) On the Court's Initiative.

On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

[gratuitous]

7. This is a state court proceeding

As it happens, Minnesota's state rules of procedure track with the federal ones, so it's covered by Rule 11, just the Minnesota state version.

I'm still disappointed by the court's unwillingness to simply rule Coleman's self-serving takesy-backsy motions moot.

[Blue_In_AK]

10. Rule 11 sanctions frivolous lawsuit filers.

When I used to work for insurance defense lawyers, they loved dragging out Rule 11. To those guys ALL lawsuits are frivolous. :evilgrin: (Although they do pay well, especially for the defense lawyers who aren't on a contingency fee.)

[gratuitous]

2. This occurred to me as well

The Coleman team is engaging in a seemingly endless game of "Button, button, who's got the button?" First they claim all ballots should be counted. Then they claim that any ballots bearing a vote for Franken (basically) shouldn't be counted. Then they stipulate to some previously-excluded ballots being counted. When those ballots result in an even bigger margin of victory for Franken, they want to withdraw their stipulation. When the court tells him "Go fish," Coleman moves for reconsideration.

Meanwhile, all this time, Coleman's mouthpieces are out in public bitching about the process they themselves have agreed to, cynically whipping up public doubt about the integrity of Minnesota's system, when the real problem is with Coleman's integrity. Franken's victory has been certified by the State Canvassing Board, and the Minnesota state law should be amended to provisionally seat anyone who receives such a certification. The court reviewing all this is allowing itself to be manipulated by Coleman. Once a stipulation has been entered into by the parties and ratified by the court, that stipulation must be beyond contest. The alternative, as we can see, is that an unscrupulous party will seek to re-litigate settled matters ad infinitum.

I'm willing to bet that if Franken had been provisionally seated when he was declared the winner by the Minnesota Canvassing Board on January 5, Coleman would have run out of money to keep this thing alive on or about January 10. As it is, he can appeal to his fellow monkey-wrenchers, and get all kinds of donations to pay his lawyers and keep this pointless exercise in denying Minnesota its full representation in Congress going practically forever. The court should shut this charade down, make its ruling, and seat Franken. Tomorrow.

[tblue37]

12. He would never run out of money, because the GOP's wealthy

backers know that delaying the seating of a Democratic senator is a winning proposition,no matter how it plays out. If Franken had been seated, the stimulus bill would have needed only 2 Republican votes, and perhaps those 2 would have been slightly more reasonable in their demands.

[gratuitous]

15. Maybe he wouldn't run out of money

But I'm thinking raising donations would be a much harder sell if Franken was occupying a seat in the Senate, even if he wasn't allowed to speak or vote. I think any number of donors would shrug when Norm came a-calling and ask "What's the point?" But as long as Franken can't take his duly-elected seat, the number of folks stinging over their recent spankings has swelled, seeing Coleman's quest as their only outlet for thwarting the will of the people.

Which reminds me: Where are all the 2004-era Republicans bleating about "mandates" and the "will of the people"? They seem to have effectively vanished from the scene, along with all the "upperdown vote" Republicans.

[Beetwasher]

13. Yup, I've Been Saying All Along Coleman's Plan Is To Keep This In Court For 6 Years

I'm serious. If he can tie this up in court for 6 years he will, in order to keep Franken from ever being seated.

[pleah]

3. K&R They should end this nonsense asap.

:)

[smiley_glad_hands]

8. He should be seated, and if filibustered, a ruling from the chair should be sought. eom

[BlooInBloo]

9. Nice. I even learned a new word!

[DIKB]

11. I think they should threaten the Coleman legal team

with disbarment due to vexatious litigation http://en.wikipedia.org/wiki/Vexatious_litigation

[Kurovski]

14. K&R. (nt)

[AtomicKitten]

16. The GOP is fund-raising to keep this shit going til the end of time. n/t