In it, but not of it. TPM DC

On a conference call with reporters just now, Norm Coleman's legal spokesman Ben Ginsberg reaffirmed that the Coleman campaign is appealing yesterday's defeat in the election court, which declared that Al Franken won the election.

"We have been reviewing the court's order and we feel that they have misunderstood a number of the issues as well as what's at stake in this case," said Ginsberg. "And so let me reiterate what we have said so that there is absolutely no mistake about this: Senator Coleman and Cullen Sheehan [Coleman's campaign manager and co-plaintiff] will be appealing this decision from the three-judge court."

Ginsberg laid out the various issues that are ripe for appeal -- which were pretty much all the issues. The most in-depth treatment was given to the question of rejected absentee ballots, with Ginsberg insisting that it was a constitutional violation to not include the roughly 4,400 envelopes from the Coleman camp's list. Ginsberg also pointed out that these ballots came mostly from precincts that Coleman won, and at the precinct level this becomes a decent predictor of what the votes will be.

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NBC News points out an interesting thing about the aftermath of Al Franken's win yesterday in the Minnesota election court: Other than the Coleman campaign itself, the Republicans don't seem to be saying anything about it.

The national Dems have been quick to call for Coleman to concede the race, rather than appeal and keep Franken's win bottled up in court. But there hasn't been anything from the RNC or the NRSC. And the Minnesota GOP, which has staunchly advocated for Coleman throughout this whole ordeal, hasn't updated their Web site with any new statement.

Indeed, I've personally asked the NRSC for comment, and haven't gotten anything.

The only Republican statement that has come out was from the Coleman campaign itself, vowing to appeal the decision -- and even here, it was a press release from Coleman's legal adviser Ben Ginsberg, not Norm himself.

DNC chairman Tim Kaine put out a statement last night calling on Norm Coleman to concede the Minnesota Senate race -- and openly accused Coleman and the Senate GOP of keeping up this fight for the purposes of denying the Democrats a 59th Senate seat:

Leading Republicans in Washington, including Senate Minority Leader Mitch McConnell and Senate Republican Campaign Chairman John Cornyn, are supporting Coleman's appeals as a way to obstruct Franken from being seated to a Senate seat he has rightfully won to prevent Democrats from claiming their 59th seat in the 100 member body.


Now them's fightin' words. Then again, it was the head of the National Republican Senatorial Campaign Committee, Sen. John Cornyn of Texas, who said that resolving this election could take years.

Full statement after the jump.

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Michael Steele seems to be reaching into the mothballs for an attack line against Barack Obama -- he's dredging up Obama's gaffe from the Spring of 2008 about people in small towns being "bitter" at their economic fortunes.

The Washington Times reports that Steele has sent an RNC mailer attacking Obama for saying in Europe that U.S. foreign policy had shown "an absence of wisdom," then linking this back to how Obama "indicated disdain for small town and working Americans who 'cling to guns or religion or antipathy to people who aren't like them.'"

The problem here, as Greg Sargent points out, is that the "bitter" comments were almost exactly a year ago. Furthermore, I should also add that although Obama lost the Pennsylvania primary -- which probably would have happened even without the gaffe -- six months later he not only won the presidential election, but took Pennsylvania by a 55%-44% landslide against John McCain.

To put it simply: This dog don't hunt.

Okay, I realize President Obama isn't out front every day reminding Americans that he's pro-choice. And it's perfectly plausible that anti-abortion activists have ratcheted up their efforts now that Obama has overturned the Mexico City Policy and the ban on federal funding for stem cell research. And in a way, increased activism is the only way forward for a movement whose political allies control neither Congress nor the White House. But c'mon. Is this really fair?

Obama Giving Economic Speech Today, While Administration Warns Of More Immediate Bad Times President Obama will be giving a speech on at the economy at Georgetown University, at 11:35 a.m. ET. Obama will discuss the steps his administration has taken to fix the economic crisis. At the same time, the administration are hedging their rhetorical bets and bracing the country for less than stellar news. Appearing on NBC's The Today Show, economic adviser Christina Romer said that there are "small little signs that maybe some parts of the economy are stabilizing," but also that there will likely be "several more months of job losses."

Report: Obama To Tap Fannie Mae's Herbert Allison To Administer TARP The Washington Post reports that the Treasury Department plans to tap Fannie Mae CEO Herbert Allison to run the financial recovery program. Note that Allison became head of Fannie Mae after the government took it over this past September, and would be replacing the current Bush-appointed TARP head Neel Kashkari.

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The Coleman campaign released this statement after the election court ruled that Al Franken won the election, making it clear that they're appealing:

COLEMAN CAMPAIGN TO APPEAL, VOWS TO LEAVE NO VOTER BEHIND

Statement from Ben Ginsberg, legal spokesman for the Coleman for Senate campaign:

"More than 4,400 Minnesotans remain wrongly disenfranchised by this court's order. The court's ruling tonight is consistent with how they've ruled throughout this case but inconsistent with the Minnesota tradition of enfranchising voters. This order ignores the reality of what happened in the counties and cities on Election Day in terms of counting the votes. By its own terms, the court has included votes it has found to be 'illegal' in the contest to remain included in the final counts from Election Day, and equal protection and due process concerns have been ignored. For these reasons, we must appeal to the Minnesota Supreme Court so that no voter is left behind."


Meanwhile, the DSCC put out this statement that Franken should be allowed to get to work:

DSCC STATEMENT ON COURT UPHOLDING AL FRANKEN'S 2008 SENATE VICTORY

U.S. Senator Robert Menendez, chairman of the Democratic Senatorial Campaign Committee released the following statement:

"The people of Minnesota have many reasons to be proud tonight, not the least of which is knowing they have one of the best election systems in the entire country. A thorough election contest upheld the result of a meticulous recount. Al Franken won the election, Al Franken won the recount, Al Franken won the contest, and now Al Franken should be allowed to get to work for the people of Minnesota."

At a press conference just now, outside his home in Minneapolis, Al Franken again declared victory in his campaign for the U.S. Senate, after the election contest court ruled that he was the winner of this race. (Special thanks to our good friends at The Uptake for carrying the live stream.)

"I am, of course, incredibly gratified by today's ruling and grateful to the judges," said the apparent Senator-elect, "to our legal team and most of all to Minnesota's civil servants, elected officials and citizen volunteers who have taken so much time, and taken so much effort over the last several weeks and months to make sure that the votes were accurately counted."

And one point he stressed repeatedly, was that he should finally be allowed to get to work in Washington. "It has been more than five months since Election Day, and more than three months since the winner of this election was supposed to be sworn in to go to work for the people of Minnesota. This long delay in the seating of Minnesota's second U.S. Senator has come at a time when our state badly needs help from Washington."

Franken also quoted his old friend Paul Wellstone -- the man whose death in a 2002 plane crash so clearly affected Al and inspired him to become truly serious about politics, to the point of spending years of his life running for his late friend's political office. After discussing all the problems the country faces, and the reasons he got into the race and why his supporters fought so hard, Franken said: "It's like what Paul Wellstone always said: Politics isn't about winning, it's about improving people's lives."

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As you've probably heard, the Minnesota election court has just handed down their very much-awaited ruling: That Al Franken was the rightful winner of the most votes in the 2008 Senate election, and he is entitled to receive the certificate of election.

To make a long story short, the court -- who, by the way, are a rare tri-partisan selection of judges -- rejects pretty much every single argument that Team Coleman put forward, and either accepts all of Team Franken's arguments as is or in a somewhat modified form.

So where do we go from here?

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Here's a good question as the seven-judge Minnesota Supreme Court gears up for an expected appeal from Norm Coleman, who is nearly certain to lose the election trial: Just how many justices will be left to hear it?

As it is, it already seems like two justices are solid bets to recuse themselves: Chief Justice Eric Magnuson and Associate Justice Barry Anderson, who served on the special state canvassing board, and previously recused themselves in state Supreme Court proceedings in this case, when the court addressed questions such as rejected absentee ballots and when a certificate of election could be granted.

But now we know that Justice Christopher Dietzen has donated money to Norm Coleman -- the checks were written over five years ago, before Dietzen first became a judge -- should he recuse himself? He's already participated in the other litigation listed above, and in all fairness he didn't seem to be biased.

And this one isn't quite so solid, but some people might wonder whether Associate Justice Alan Page should recuse himself, because he appointed the three-member trial court. (That job originally would have gone to the Chief Justice -- but he'd recused himself, leaving it to Page as the most senior associate justice.)

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