In it, but not of it. TPM DC

Coleman Lawyer To Team Franken: I Got Your Estoppel Right Here

• The rules are "generally directory and not mandatory. Procedural rules cannot override the principle that all validly cast ballots must be counted."

• "Because the principle of voter enfranchisement is paramount, election officials may count absentee ballots even when doing so conflicts with a technical procedural rule."

The Franken campaign has argued that Coleman can't make his current arguments under the doctrines of estoppel and invited error -- that is, he can't switch positions if his old ones suddenly become self-detrimental. The Coleman team's reply is that the Franken camp isn't an honest player in making that argument at all, and that Franken has himself endorsed Coleman's current positions and should be embracing them now.

And at the end of the day, Coleman's lawyers are now saying, it's the voters' rights that count.