In it, but not of it. TPM DC
Then Franken lawyer David Lillehaug got up and showed who it was that defeated Poser: The Coleman campaign, and the Franken camp, too, who insisted on using original ballots. And when Poser sent out memos to clarify the procedures, after the problems first became apparent, Coleman lawyer Tony Trimble even responded that this was fine.
But starting in mid-December, the Coleman camp claimed that the application of this rule was "unilaterally imposed" by the state on the campaigns. If anything, as we saw from the examinations by both sides' lawyers, this rule was imposed by the candidates on the state.
This does bring us back to the Coleman camp's legal position at this point. They feel they are not bound by any prior positions or actions taken as a result of those positions, if they can argue the actions were illegal and/or made in error.
At his post-court press conference, Coleman lawyer/spokesman Ben Ginsberg responded: "It makes absolutely no sense to stick an agreement that is predicated on people following the law when in fact the law wasn't followed."
(Ginsberg press conference via The Uptake.)