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Sen. John Cornyn (R-Texas) threatened Friday to
filibuster any attempt to seat Democratic Minnesota Senate candidate Al Franken
next week. The new National Republican Senatorial Committee
(NRSC) chairman said he had not whipped votes in the GOP caucus, but added that
he could not imagine any members defecting and seating Franken without a
certificate of election. Franken will not have that certificate as long as the
election is challenged in the courts — a likely scenario, with Sen. Norm
Coleman’s (R-Minn.) legal team already attacking the credibility of the recount
process.
“This is a very, very serious matter,” Cornyn said. “I
can assure you that there will be no way that people on our side of the aisle
will agree to seat any senator without a valid certificate.”
Some have suggested that Franken could be seated
provisionally, which would allow for any court challenges to play out and
potentially change the outcome.
But since Minnesota state law won’t provide Franken a
certificate of election with an election contest pending, seating Franken could
be a risky and difficult proposition.
Franken leads the race by 49 votes with all challenged
ballots resolved, but Coleman’s campaign is attempting to include about 650
improperly rejected absentee ballots from areas friendly to the incumbent.
That would be on top of about 1,350 improperly rejected
absentees already designated by recount officials.
Beyond that, Coleman is expected to take up a legal
challenge to the result.
Cornyn, a former Texas Supreme Court judge, suggested
Friday that the case could go to the Minnesota Supreme Court or beyond.
“I think it is very clear that the people of Minnesota
and the courts in Minnesota should make the decision about who won the
Minnesota Senate election, and not political leaders in Washington, D.C.,”
Cornyn said. “That process is ongoing and will not be resolved, in all
likelihood, for weeks and maybe longer.”
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