Coleman won't rule out federal appeal

Former Sen. Norm Coleman is still considering taking his election lawsuit to the federal court if he’s unsuccessful in reversing Al Franken’s 225-vote lead in the Minnesota Senate recount.

Speaking to reporters at the Capitol before a weekly Republican lunch meeting, Coleman said he’s not anticipating “at this point” the case going to the U.S. Supreme Court, but he signaled that the recount trial may be far from over. A three-judge state court could rule any day on the Coleman-Franken case, but the panel has been deliberating for more than a week.

“I’m not anticipating, you know, at this point being across the street,” he said, referring to the Supreme Court. “For certain, I want to make sure that equal justice under law is applied, we’ll see how that plays out in Minnesota.”

But Coleman is hedging his bets in case his lawyers want to make a case before a federal appeals court.

“I’m not ruling out anything,” Coleman said. “I think Minnesotans deserve to know each and every vote was counted fairly – that there’s a uniform standard. If that can be done at a trial level, that’s great, if it takes an appellate level to do that, then you know, we have to look at that. But I’m not looking forward, I’m looking at where we’re at today, and right now today we’re waiting.”

Coleman’s basic argument in the recount case is that a slew of absentee votes have not been counted and other ballots were double counted. Some of the court’s early rulings during the seven-week trial have led many legal experts to believe that Coleman’s chances of winning at the trial level are slim.

If he loses, Coleman may appeal to the state Supreme Court. And his attorneys have been making arguments saying that the Bush v. Gore Supreme Court applies to the case, arguing that the different methods Minnesota counties used for counting absentee ballots violated the Constitution’s equal protection clause.

Coleman has been getting encouragement from top Washington Republicans to take his case through the federal appeals process, saying that a long fight is worth if it keeps Franken from becoming the 59th Senate Democrat, which would give President Barack Obama a huge advantage over the next two years. 

Democrats say that Coleman has been engaging in dilatory tactics to keep his contest alive even though he has little chance of winning.

Both Coleman and Franken were given a reprieve by the Federal Election Commission ruling this week, will allow them to raise more money from supporters who maxed out on contributions, to help pay legal bills.

On Tuesday, Coleman called the ruling “helpful” because “these recounts are terribly expensive.”

“We’re 90-some percent through the process here, but it’s helpful,” Coleman said.

Coleman also said that he and Franken have not spoken in a few months, but said he hopes to chat with Franken after the bitter campaign and recount are over.

“At some point it is worth a conversation for the both of us and our families, it’s pretty surreal,” he said. “Here we are in the end of March, moving into April, not done yet.”