In it, but not of it. TPM DC

It really does seem like the Minnesota Senate race is never going to end.

At a post-court press conference this evening, Coleman lawyer Ben Ginbserg announced that Washington County elections official Kevin Corbid had just informed the court that he found two previously unknown, unopened ballots, while searching through his office.

"That would stand somewhat in marked contrast to the Franken campaign's assertion that there's anything resembling a final result of this election," said Ginbserg, if counties seem to be finding new ballots.

This election gives you an idea of what it would be like if lawyers conducted autopsies, instead of doctors. They could just keep on arguing long enough for decomposition to set in, anyway.

(Ginsberg press conference c/o The Uptake.)

In the Minnesota election court this afternoon, Franken lawyer Kevin Hamilton continued to demonstrate how the Coleman campaign is now working to get ballots put into the count, that they previously insisted were not legal votes.

Hamilton reviewed a particular ballot that had been shown earlier to Anoka County elections manager Rachel Smith, for which the Coleman campaign is arguing that it shouldn't have been excluded simply because the voter signed the envelope in the wrong place.

Smith herself had changed her mind on this issue when reviewing the rejected ballots this past December, and she submitted it to the campaigns for further review. It turned out it was objected to by a campaign, though Smith couldn't remember which one, keeping it out of the count.

Hamilton got out the form submitted by the campaign that vetoed it -- the Coleman campaign, objecting that the signature had been put on the wrong line.

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The Senate Commerce Committee has yet to schedule Judd Gregg's confirmation hearing to lead the Commerce Department. Still, don't be surprised if the bone-dry subject of the Census -- as our own Matt predicted -- makes Gregg the latest Obama nominee to be caught up in a GOP-generated flap.

But it won't be Gregg directly caught in the cross-hairs of his former Senate Republican colleagues. Instead it looks like GOPers are ready to go after Rahm Emanuel, accusing the White House chief of staff of yanking the Census away from Gregg's department and claiming it for himself.

I know, the notion sounds absurd -- but let me walk you through it.

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The complicated state of the Senate stimulus debate just got more intense.

Sen. Olympia Snowe (ME), one of the four Republicans considered genuinely open to cooperation with Democrats on a workable economic recovery bill, just released a statement saying she was approached by Majority Leader Harry Reid (D-NV) to come up with a list of trims from the $275 billion-plus tax section of the stimulus.

To be clear, this is separate from the $80 bilion-plus package of spending cuts that are being hashed out by a group of 15 or so centrist senators from both parties.

Pruning the tax section of the stimulus is an idea that could hold promise for liberals, many of whom are concerned about the hits that education and transit would take in the centrist senators' package of cuts. The portion Snowe is looking at contains plenty of cuts, for both businesses and individuals -- some of them added in the hopes of winning GOP support -- but also a number of tax credits that could take money out of government coffers in the short term while increasing economic growth in the long term.

All told, trimming the tax section while retaining its (partially questionable) economic benefits is a tricky balance, but one Snowe is uniquely qualified for as a popular member of the Finance Committee. Speaking of, senator, may I suggest that $15 billion could be saved by eliminating the questionable "carryback" tax credit extension?

But adding tax changes to the mix adds a new obstacle to Reid's goal of passing the stimulus by day's end.

Fundamentally, the talks at this point hinge on keeping enough Democrats on board with the proposed spending cuts while firming up the commitment of the 2-4 Republicans needed for passage. In the words of one of those GOPers, Arlen Specter (PA), "If [Reid] had [the votes], he would have used them last night."

Snowe's full statement is after the jump.

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The Coleman campaign appears to have found a genuine example of a particular type of absentee ballot being treated differently throughout the state, in their central claim of Equal Protection -- but it seems like they're effectively fishing for votes for Al Franken.

Coleman lawyer Joe Friedberg has been looking into a category that has come to be known as "3-A" ballots, where a newly-registering voter put their registration form inside the secrecy envelope containing the ballot, rather than immediately within the outer return envelope as they were supposed to. Many local officials now believe those should be counted.

The problem is in figuring out how to identify them. It would involve opening up the secrecy envelope, remaining blind to the actual vote inside, and feeling for that extra card. As it turns out, Anoka County elections manager Rachel Smith said her county had been doing just that. Other county officials have said they didn't do this, though it may have occurred here and there.

Coleman attorney/spokesman Ben Ginsberg played this up at a lunch-time press conference. "So there is a difference between counties," Ginsberg said. "It allowed more votes to be counted in Anoka than potentially those other two counties [Ramsey and Washington]."

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Sen. Dianne Feinstein (D-CA) is trying to get some answers on two potential cases of Bush political appointees "burrowing" into long-term positions at the Pentagon's detainee affairs office.

One of the two has right of return to a civil service position, according to the AP, but let's look for a moment at the second official -- Tara Jones, a special assistant in the detainee office.

Jones was a central figure in the "Pentagon Pundits" scandal, helping to coordinate the military's courtship of former officers who used TV appearances to promote George W. Bush's Iraq war policies. When the New York Times first broke the pundits story, using internal e-mails obtained through the Freedom of Information Act, it was Jones' account that the newspaper had asked to view. (The full complement of her publicly released emails is obtainable here.)

One would think Jones' past might make it easier for Feinstein to ensure she doesn't burrow into the system -- but that likely depends on what explanation the senator gets from the Pentagon.

We reported on Wednesday that the Obama administration's new executive pay limits -- which have huge loopholes built in -- weren't stopping Sen. Claire McCaskill (D-MO) from pushing to add her own, stronger CEO pay caps to the stimulus bill.

And very quietly, by unanimous voice vote, McCaskill's plan was added to the stimulus last night. The Senate also added Banking Committee Chairman Chris Dodd's (D-CT) similar executive pay constraints to the bill. So it seems that GOPers may talk about not wanting government in control of private business; but when push comes to shove, even they can no longer defend the excesses of Wall Street.

A new Gallup poll explains why Democrats are now so eager to connect the anti-stimulus bill Republicans to Rush Limbaugh, and to set up Rush as the new Leader of the Opposition: Independents hate him, he can galvanize Democrats...and Republican voters actually do like him.

Limbaugh's favorable-unfavorable numbers among Republicans stand at 60%-23%. Among independents, though, he's at just 25%-45%. And Democrats definitely have it in for him at 6%-63%. Multiplying out the partisan subsets in this poll, we get an overall top-line result of 28% favorability for Limbaugh across the country, compared to 45% unfavorable.

So if Limbaugh does become a national issue, the data shows he could be a net plus for the Dems -- though the obvious caveat exists that swing voters could have more important things to worry about than some radio loudmouth.

A funny dynamic right now in the Minnesota election trial is how both campaigns have lists of rejected absentee ballots that they're trying to get reconsidered for admission -- and both of them have set out to demonstrate how the other guy's catalog is complete garbage.

Earlier this morning in the Minnesota trial, Coleman lawyer Joe Friedberg went through some of Franken's current list with Anoka County elections manager Rachel Smith, having her affirm that there were various problems within the Anoka section: The ballots had arrived late, were missing voter signatures, or witness signatures, etc. Franken's team hasn't had the chance to cross-examine Smith yet, so we'll see how they do on these votes.

It's to be expected that the vast majority of re-reviewed ballots from both sides will have some serious problems -- and Coleman's certainly have -- as most of them were rejected at least a second time by local officials during a separate review this past December. The issue here is more about what might happen if any leniency ends up being brought to the process, such as forgiving an error if it's determined to have been an election official's fault, not the voter's.

Coleman's list started out at 654, and has now expanded to 4,797 with the court's permission. Franken's team started at 771 ballots, and they have a pending request to expand their group after Coleman got to do it. And of course, both sides' lists so far have come from their own geographic strongholds, as well. So this will take a while.

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