In it, but not of it. TPM DC
During the lunch-hour press conferences, Coleman lawyer/spokesman Ben Ginsberg was asked by a reporter whether this whole trial is just a maneuver to stall seating Franken in the Senate, and to keep the Democrats from getting a 59th vote. Ginsberg denied it.
"We ain't that smart," Ginsberg said with a chuckle. "We're trying to win the case."
Lead Franken lawyer Marc Elias used his own presser to attack the Republican Party's whole legal logic here. "They are no longer in support of strict construction of the laws, but have now argued quite openly for judicial activism," Elias said, noting the Equal Protection argument that Coleman's lawyers have made, saying that the Constitution now requires letting in legally invalid ballots because other invalid ballots have made it into the mix.
Elias declared that the Coleman camp should go out and find the individual wrongly-excluded ballots that could put them over the top: "Rather than talk about Bush v. Gore and Bush v. Gore and Bush v. Gore and Bush v. Gore and Bush v. Gore and standards, they ought to be finding if those ballots are out there."
(Note: I might not have properly counted the exact number of times Marc Elias repeated the name of that famous Supreme Court case. Also, press conferences c/o The Uptake.)