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Coleman suit against Franken dismissed |
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By Michael O'Brien
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Posted: 11/13/08 05:53 PM [ET] |
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A Minnesota judge threw out a lawsuit Thursday against Al Franken by Republican Sen. Norm Coleman (R-Minn.), who claimed his Democratic opponent had defamed him in ads.
Judge Barbara L. Neilson ruled claims by a watchdog group against Coleman referenced in the Franken ads are “substantially accurate, if not literally true.”
Coleman and Franken remain locked in a tight contest for the incumbent’s Senate seat that is headed for a recount. Final results might not be known until December.
Coleman’s suit centered on a claim in a Franken ad that Coleman is the “fourth most corrupt” Senator, attributed to the nonpartisan watchdog group Citizens for Responsibility and Ethics in Washington (CREW). Neilson ruled it did not meet the law's standards for defamation.
“Because the statement made in the Franken advertisements accurately captures the 'gist' or 'sting' of Senator Coleman’s placement in the CREW listing...there is not probable cause to believe that a violation of the statute has occurred," Neilson wrote. She also rejected claims by the Coleman campaign that CREW was not “bipartisan,” contrary to the organization’s claims.
Coleman had filed the lawsuit against Franken several days before Election Day. Democrats contend it was part of an election strategy, and noted that Coleman has filed similar suits against opponents in previous campaigns.
Hours after the Coleman suit was publicized, other suits against Coleman emerged alleging campaign donor Nasser Kazeminy had sought to funnel money to the Senator through his wife Laurie’s employer.Coleman's campaign manager said Coleman respected but disagreed with the decision. “As part of an ongoing campaign against Senator Coleman and his family,
Al Franken and his campaign knowingly made false statements about
Senator Coleman. We will continue to review all of our options as we
move forward,” said Cullen Sheehan, the campaign manager. “Of course the lawsuit was thrown out - it was ridiculous,” said Franken campaign communications director Andy Barr. “But now the question is - if the very serious allegations made in the lawsuit against Nasser Kazeminy are true, will CREW revise its rankings?” The dismissal comes amid a continued back-and-forth between the two campaigns following the still undecided election. A state canvassing board was appointed Wednesday to begin oversight of the recount of the vote totals in the race.
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