Senator Al Franken !?

I'd like to extend congratulations to my friends in Minnesota who have the pleasure of welcoming their new US Senator Al Franken. It seems that you people have gained a tirelessly determined warrior. I think very few political observers would have predicted his victory with any level of confidence in early November. In fact when the canvassing board reconvened to declare Franken the winner over incumbent Norm Coleman yesterday, there were no doubt many observers watching in stunned disbelief. The margin of victory was indeed minuscule, and the race was decided by a mere 225 (or so) votes. I'd imagine there are a lot of Minnesotans marveling over the fact that their votes actually counted.

Of course Coleman and his campaign have vowed to fight on in the courts. Still it seems that perception counts for more than anything else in politics, and the declaration of a victor seems to be almost unimpeachable. I can't see any authority being willing to retract this outcome. It would be a significant subversion of the American political process. In some ways it's reminiscent of the 2000 presidential election, in which that other "Al" was vanquished in our highest federal courts. Congress will return to DC today and there will be an empty seat, as Minnesota law necessitates a week delay before the declaration of an official winner. But very few question who will be occupying that seat during the next six years.

Interestingly, the GOP does have recourse to block Franken from the Upper House. Certification of the election results lies in the hands of Minnesota Governor Tim Pawlenty, who came very close to becoming John McCain's running mate this past August. And while the Democratic Senate majority and its Rules Committee ordered Norm Coleman's offices closed at the Capitol building, there is some noise about the Republicans taking the matter to the federal courts. If they do, it could delay the seating of Franken for weeks, or even months. It will be interesting to see how patient the citizens of Minnesota will be with their representation cut in half by continued legal wrangling. I doubt it will make Coleman any more popular.

Indeed Norm Coleman risks looking like a hypocrite if he drags this out any further. When Franken refused to concede in the wake of the November election, while citing the need for an official recount, Coleman accused his challenger of wasting taxpayer money. Now this former Democratic mayor of St. Paul is threatening to do the same thing. By hook-or-by-crook, it seems like the Brooklyn-native is committed to retaining his power. Coleman has a tradition of being willing to sacrifice his principles to achieve position. He changed party affiliations in 1997 in a bid to attain statewide office. Now he's a long way from his roots as an anti-War progressive Democrat in the Woodstock-era counterculture.

Regardless of Coleman's odd persistence, it now appears that the Democrats will be a single vote away from ensuring cloture in the US Senate. With 59 votes, they only need to ensure the cooperation of one member from across the aisle to advance any particular piece of legislation. But there are certainly some kinks to be worked out. No one quite knows how to handle the situation in Illinois, with Blogojevich-appointee Roland Burris appearing set on claiming the President-elect's vacated seat. Meanwhile in New York, the brewing controversy over the possible ascension of Caroline Kennedy is playing out (pending Hillary Clinton's approval as Secretary of State). There is a lot to be determined, and Franken is only part of the picture.

Another Strike Against Potential Filibusters.

One more battle in the Congressional War on Obstructionism has been concluded. Mark Begich has officially defeated Alaskan senator Ted Stevens. The count of absentee and early ballots gave the Mayor of Anchorage a 1.2% lead over the incumbent. Stevens was the longest-serving Republican in the Senate, but saw his reputation shattered after being convicted on seven counts of corruption charges. Apparently he accepted money ($250K) in the form of personal gifts from VECO, an oil-services company. Even had he won the election, it's doubtful that he would have been allowed to occupy his seat. Minority Leader Mitch McConnell was planning to call upon Stevens to resign. The GOP mercifully postponed an expulsion vote until after the results of the count.

With Begich joining the majority, the Democrats now number 58 within their caucus. His victory makes him the first Alaskan Democratic Congressman since Mike Gravel left the Senate in 1981. Interestingly, the last member of the House of Representatives to represent the party was Nick Begich (Mark's father) , who disappeared in a flight over Alaska in 1972. Begich will be the only legislator in the Upper House who does not have a college degree. He's got a history of barely squeezing into his elected positions. After running unsuccessfully to be the Anchorage Mayor twice, he found his third try charmed when he won by just eleven votes. He also benefited from a law passed during that cycle that allowed a candidate to win the mayoralty without a majority of the vote.

In other recent news, "Independent" legislator Joe Lieberman will remain with his former party, as he is being allowed to keep his chairmanship of the Homeland Security Committee. A secret vote on his future weighed heavily in his favor (42-12). He reportedly appreciates the gesture as one of "reconciliation" rather than "retribution". Closer to the truth is the longshot chance that the Democrats may attain a filibuster-proof majority in the Senate if everything falls their way. The two remaining contests involve a hand recount of 2.9 million votes in Minnesota, where Norm Coleman (R) leads Al Franken (D) by a mere 215 votes, and a runoff in Georgia pitting incumbent Saxby Chambliss (R) against Jim Martin (D).

My prediction prior to the election was that the Dems would end up with 57-58 seats in the Senate, and they have now reached that mark. What's particularly amusing is that several "conservatives" on talk radio were crowing about the Democratic "failure" to gain their objectives in Congress, despite the fact that they expanded their numbers in both houses. Despite the difficult odds, they now have a slim possibility of being able to defeat any GOP filibusters. I know that scares the hell out of the Republicans, but it would certainly prime the pumps of the Obama administration. It would mean, that instead of merely focusing on undoing the disastrous policies of the Bush Administration, the Dems could actually pursue a progressive agenda.

In order to force cloture (end discussion on a proposed bill for a vote), there needs to be 60 senators who want to move legislation forward. Perhaps the Democrats will be able to isolate a few Republican dissidents, and make deals that defeat filibusters. That techique gets its title from the Spanish word for "pirate" or "freebooter". It involves participating in an endless stream of debate in order to stall action on a bill. The last session of Congress saw the GOP minority employ this tactic more than any group of senators in US history. There is no doubt that it will continue to do anything it can to thwart the Democratic agenda. Besides going "nuclear" (changing the rules on the Senate floor), there are not going to be a lot of options to curb procedurally-enforced inaction.