In it, but not of it. TPM DC
In a very interesting turn, the court denied Franken's motion to dismiss Coleman's challenge of the state canvassing board's decision to count the Election Night totals in a Minneapolis precinct that lost an envelope full of ballots, a move that saved Al from a net loss of 46 votes. On the other hand, the court appeared to drop some hints about where they could be going.
First of all, the court gave a brief overview of the case and said "it became evident that 130 ballots were missing," acknowledging the evidence at hand. Second, they acknowledged all the case law that Team Franken have cited in favor of their own legal claim.
But here's the catch: They say that the existence of the ballots themselves continues to be a question of fact for the court to examine. Coleman's team hasn't yet called the Minneapolis election officials to the stand, which is expected to happen this week, so expect the court to address this question some time afterward.
Meanwhile, the Coleman campaign has already started digging in on Franken's list of 1,585 rejected ballots to be reviewed for possible counting, and they might have found some bad ones. In fact, they've put up a blog post with this headline: "Disregarding Rights Of Minnesotans, Franken Seeks To Have Illegal Votes Counted."