In it, but not of it. TPM DC

Minnesota Election Court... Sorting... Ballots... Slowly

One judge has been fairly open about how annoying this can all be -- Hennepin County Judge Denise Reilly, who was appointed to the bench in the 1990's by Republican Governor Arne Carlson. At one point Friedberg asked Corbid for a detailed opinion about a particular signature, leading Franken's team to object. "Sustained," Reilly said, with a hint of giggling. "I see the witness shrugging."

Later on, Friedberg reiterated that at one point he'd previously asked for all the ballots to just be opened, if Franken would agree. Reilly shot back: "Well, the court ruled on your motion for summary judgment yesterday, and denied that request."

Tomorrow the state Supreme Court will be hearing arguments in Franken's case that he's entitled to a certificate of election immediately, which could get him into the Senate while the case continues on the sidelines. This would be one possible solution, but don't count on it until it actually happens.