In it, but not of it. TPM DC

Franken Lawyer Undermines Coleman's Claims Of Double-Counting

For example, absentee ballots might have been sent to the wrong precinct on Election Day, but would have only been counted and added into the correct precinct's totals during the recount -- and wouldn't have been added to the precinct roster. Or the overworked precinct election judges might have failed to mark off on the roster that a particular person had cast their vote by absentee, thus causing an apparent surplus of accepted absentee ballots.

Hamilton got Mansky to agree that it would certainly be a bad thing to jump to conclusions that there was double-counting -- against all the internal safeguards that the duplication process itself contains -- and throw out votes.

"And again, if we don't count them, then those voters would be disenfranchised," said Hamilton.

"That's right," said Mansky.

This is a very important point for the Franken camp to be making. The Coleman camp needs the double-counting issue to be an easy, cut and dried thing that can be corrected by simply going through the spreadsheets and chopping off excess votes. But if it turns out that an apparent excess vote total doesn't really represent a surplus of votes, then the burden of proof becomes much higher in any instance where Coleman wants to start subtracting from Franken's column.