In it, but not of it. TPM DC

Franken Begins Presenting Case -- With A Lot Of Voters

Another fun moment came from law student Nicole Nichols, daughter of prominent Minnesota lawyer Donald Nichols, who is the co-founder of a labor-law firm dealing with discrimination, wages, whistleblower-protection and other issues. "I thought I recognized that name," Franken lawyer David Lillehaug said with a smile.

It even turns out that Friedberg is a friend of hers, due to her interest in criminal defense -- in fact, she congratulated him on his 72nd birthday yesterday:

Friedberg: Ms. Nichols, we have met.

Nichols: Yes. Happy birthday.

(Laughter throughout court.)

Friedberg: Thanks.

Friedberg later got to the point, and said he would stipulate that her ballot should be counted "if the opposition would concede the Secretary of State is wrong in having her registered at a prior address."

Thus we see a fall-back position for Team Coleman: They're seeing the writing on the wall, that they are highly unlikely to take a lead in this court -- and thus they need for the whole system to be impugned.

There were some potential or even likely duds in the Franken sample, though. For example, it turned out that voter Charles Neimeyer actually sent in two absentee ballots -- the county rejected his first one, then sent him another one, which he filled in and mailed back. It appears the second one has been counted, which would leave him here in court to argue for the first one, thus counting him twice. Franken lawyer Kevin Hamilton seemed quite surprised to hear this, and told the judges that they'll check in on the situation, and withdraw this witness if that's how it turns out.

But overall, this has been pretty encouraging for Franken -- and probably helped by the sharp change in strategy from Coleman.