we wanted to show, look at all of these ballots that came in minneapolis and st. louis county, that do not even come close to comport to the standards that you have adopted -- >> that ties to your offer of proof which begins sunday improperly accepted balance. i know you are eight -- -- which begins on improperly accepted ballots. i know you are a trial lawyer. it seems to me under the 20965 statute, the rules of evidence, why is this offer of proof not inadequate in that we do not have admissible evidence that can be considered by this court in determining whether you have met your burden? >> i think we can go further than that. in 43 years of trying cases, i have never heard of a written offer of proof. we set out to -- >> have you ever heard of an offer of proof that is not on the record? >> not offhand. >> the offer of proof is the purpose of appellate practices. he put it on the record orly and there are some lawyers that put it offers of proof on the record orally. if you're going to make a distinction here, tell me what it is. >> we're going to do the ordin

next hundred pages, you will see pictures of the absentee ballot, that was open and counted in minneapolis and in st. louis county. we made that offer of proof because it was ruled irrelevant. >> i will be very specific here. i am very bothered by your offer of proof. you will obtain testimony from a substantial and material number of minnesota county election officials. you are prohibited from doing that. in 26, you say you could have called all 87 auditors, but we purposely didn't do that because we didn't want to take the time. that implies to me that you could have. but let me talk about your list of sample ballots. i have gone through those. 1016, all of that, they are basically just lists of names. in paragraph 4, you said the testimony of a material number of individual voters, but know voters are identified. i am having a problem. >> this is 646, appendix 709. we do identify each and every ballot. let me give you an example. this envelope was counted on election night. it makes its point. i don't want to use the last name but it is the first one in 1709. it says i am in mt. juliet,

in minneapolis there maybe 20 streets that have main. so in minneapolis you may need a different standard for whether or not it says mainstreet, maine avenue, main boulevard. whether it has a directional -- >> is there evidence in the record to support this rational explanation that you're offering now? spivak there isn't a. the trial court found that there is difference of technology, different personnel and resources were among the differences that justified the difference interpretation that counties brought and personnel brought to being satisfied and i point this court to that operative word. if you read the statute, what it says is that the election judge must be satisfied these requirements were met. and that term satisfied obviously connotes that there is going to be some measure of discretion involved, some reasonable discretion that puts grease in the joints so to speak, that lets the election take place. on one day at the same time that the election judges have to keep the lines from getting too long, the polls opened on time,

were not registered, and you have none in minneapolis and none in st. louis county. you could presume that the people in each county are as smart as each other. all you have to do is extrapolate. they did that in bush again score when they compared the relaxed standard in brouwer county with the and relax county -- standard in palm beach county. the population should get equal. when plymouth kicks out 75 for signature mismatching in 31 counties in the state kicked out nunn, we have made our case. you cannot make it any better than that. >> good time has expired. >> i would like to frame the questions of that it can be answered. i am still having problem with you saying we are a substantial compliance state. there is language i do not think you can overcome. i will give language from one source. it says if the stage -- statute or directory the argument would be of some force. it has no application here because the statute is mandatory. the court goes on to express concern about lowering the bar altogether because of a flaw in it. the absentee statue is different ♪ fro

franken's home in minneapolis. it comes after his republican challenger conceded the race just a short time ago. here is part of that statement. >> i just had a conversation with al franken, congratulating him on his victory. i told them that is the best job he will ever have, representing the people of minnesota. the supreme court of minnesota has spoken. i respect its decision, and i will abide by its results. it will move forward. i congratulate our newest united states senator, al franken. just a few words about my legal challenge. yes, i wanted to win. not just myself and my supporters, but so many have worked so hard and put some much into this effort. and for the values i have always fought for. i also thought was important to stand up for votes whose weren't counted like others were. voting is fundamental. it is the essence of democracy. i knew we needed to do everything we could to get it right. i am forever grateful and humbled by the people of minnesota. i'm even more grateful for their courage, wisdom,

i have been to minneapolis a few times but i never had the opportunity to see the land of 1,000 lakes. ms. klobuchar: of 10,000 lakes. nevada in nevada we don't have five lakes. okay? but, i would love to come and spend some time in minnesota. it's a wonderful tourist destination. in the winter as cold as it is, a lot of great things to do. and in the summer. and as senator dorgan mentioned, we should be promoted our country. so that people like you may have had a father-in-law from duluth or minneapolis or wherever could go visit and have a good time being a tourist. and it is the same in nevada. as i mentioned, new hampshire, illinois. every state in the union is heavily dependent on tourism and the republicans don't seem to much care. this bill is probably finished for the year. and that means 40,000 less jobs. it means this country will go in the red more for not having things -- to stimulating economy and provide money like this. so i just appreciate very much the subcommittee and the committee getting this bill on the floor to -- we thought we would have this love fest because t

we put a sprinkling in of hundreds from just minneapolis and st. louis county. statistically, sure, there might be an official era here or there, or a replacement ballot here or there, but we are talking about hundreds. when we talk about the difference between carver county -- >> a sprinkling doesn't help us, does it? >> i think it does. we extrapolate in life, you take carver county, where there are 180 ballots kicked out from now on registration, because they checked the non registration of the witness. then go over into minneapolis and st. louis county, where they can't out none. can't we say that it is reasonable to believe, one county being as smart as the other, that you will find the same percentage? so you multiplied times 4 or 5, now you know that in all likelihood, more likely than not, which is our burden -- >> i would suggest that the other side would say bring in the ballots and let's look and see. >> there is no reason to because our burden of proof is to make it more likely than not. not prove it so that nobody has any doubt. >> i think their arg

airways, the minneapolis-st. paul airports commission and john dough passengers, meaning the passengers on the plane. the new york attorney who represented the imans was a former president for the board of directors care new york. the suit charged that the john dough passengers may have made false reports against plaintiffs solely with the intent to discriminate against them on the basis of of their race, religion, ethnicity and national origin. end of quote. care subsequently called on the department of justice to investigate violations of civil liberties for the six religious leaders taken off the plane. the then president of the beckett fund for religious liberty, a washington, d.c. based public interest law firm protecting the free expression of all religious traditions wrote the following letter to care regarding the suit against the john doe passengers. this is a first for us, quote, we have never opposed someone else's claim for religious discrimination. but this tactic of threatening suit against ordinari

so one of the great examples in this space, is the minneapolis heart institute. of the minneapolis heart institute was able to reduce by half the incidence of mortality related to m.i. and they did that not by involving new technology. they did it by bringing together nurses, emergency staff, cardiologists, everybody who touches the treatment of cardiac event. they brought them all together, remapped the process, remapped the protocols, and worked collaboratively in a very different way than you see in a lot of other communities around the country. now that protocol that they've established is in 100 different places around the country, but it comes from thattest i can around collaborating and -- that ethic around collaborating and getting outside your walls. i'm going to look at access because access is also a very important part of what we're talking about when we talk about covering the uninsured population in the country. in minnesota today, we cover 92% of our citizens. so we have 8% uninsured, where the country has averaged out i believe around 15%. of the

i know having grown up in sioux falls, south dakota, it would have been nice too take a trip to minneapolisor a vikings game. but i was at home stuck in a blizzard because we had to travel by car. yes, these systems will be costly to design, fund and construct, but we can do this. this is the united states of america. mr. chairman, i have three policy changes for this committee to consider in the new authorization. first, we must agree upon a bold new vision and make the cultural shift in the h in the way we do transportation. a vision they can invest in and believe in, connecting america much like the eisenhower highway system did. we@@@@@@x it will include reliable, ontime performance, congestion mitigation, safety and environmental benefits, improved choice -- improve choices, mobility options for all communities and reduce energy use. it needs to have ontime delivery. it needs to be reliable or the public won't use it. albert einstein said we won't be able to -- let's change our patterns of thought so we can solve the problems we created with our current patterns and thauths. mr. chairm

i know having grown up in sioux falls, south dakota, it would have been nice too take a trip to minneapolis for a vikings game. but i was at home stuck in a blizzard because we had to travel by car. yes, these systems will be costly to design, fund and construct, but we can do this. this is the united states of america. mr. chairman, i have three policy changes for this committee to consider in the new authorization. first, we must agree upon a bold new vision and make the cultural shift in the h in the way we do transportation. a vision they can invest in and believe in, connecting america much like the eisenhower highway system did. we must do today what our parents and our grandparents did for us. invest in a new vision, reform the current program and revolutionize how we do transportation policy and funding. second, we must reduce the time it takes to deliver a rail project in this country. 20 years in new starts is just too long. we need to get our projects delivered in three to five years. this is not environmental streamlining, as some would like to call it. it's process delivery. ag

i've in minneapolis a couple weeks ago and there's a large community in minneapolis and inside some of these somali in malls there are no windows, they are just very close, very much like a traditional and the call to prayer is going off. >> host: a bizarre marketplace. >> guest: exactly. it struck a chord and i thought this is familiar. there's something comfortable about the culture for me. we will see. but i did spend time in bangladesh which is culturally, religiously very much like pakistan. >> host: which had been part pakistan petition in 1947. >> guest: right. >> host: it spun off after the civil war and now as one of the poorest most vibrant countries in the world. >> guest: that's exactly right. and socially, it couldn't be more different in pakistan and that -- >> host: how? >> guest: you can go -- the conspiracy hawking, the notion there's a cia plot behind every thing is not there. so i didn't have to dress in local clothes. before i went to the taliban area as i was telling my hair to try to blend in because the fear factor was there and bangladeshi good will into any vil

my wife has had to leave here to go to minneapolis to get a job that would i think a single payer system is probably not the best route to go. yet, at the sim time, the idea of getting insurance companies out of the business in the profit incentive, that the 30 prs the gentleman talked about earlier is sigh fepped off. i can speak directly to what the president had to say about the mayor clinic having spent time there. they are extraordinarily efficient. there are ways to do it. so many people that are advocates of the sick l payer system are looking for coverage for everyone. >> in missouri, robert on our line for democrats. go ahead. >> i'll tell you what, i've been watching -- let me turn the tv off. i've been watching you all all night and watching michael burgess from texas. he had a pretty good thing going on tonight about the joint economic committee. he was asking all these questions as far as this weather and all this going on. boy, he's supposed to be the scientific guy. all he could say is. i don't know what the story is today. that's all they are talking about. it's a story.

host: let's here from minneapolis on the republican line. caller: i have always been impressed with your moral standing and your commentaries on television. i have a quick question. one of the biggest problem in starting new businesses is that when you bring your project, it could take up to 10 years to build the company and get it going. there is not a lot of talk about the venture-capital industry. it is getting close to the 25th anniversary of working with the state legislature to get some loaws that say if you start a company and then get cheated out of it, essentially working without getting paid, that it would be taken seriously. does the civil rights commission consider this to be as important as i consider it? we have seen a lot of cases where people start a company. they have a family. they're moving into a homeless shelter and wondering what happened to their company. you have a group of lawyers that come up with a scheme to cheat them out of it. it is not as obvious as race or anything else, but it is a serious problem. guest: i t

teamsters drivers and minneapolis chasing police of the middle of the city. a whole push going on for economic justice. that will have to happen. we cannot just sit back and watch tv and critique people. we will have to make things happen ourself. you said that much like herbert hoover, a obama is attempting to realize a stirring new version of the society without cutting himself free from the dogmas of the past without the inevitable conflict. like hoover, he is bound to fail. guest: frederick douglass says power is nothing without a struggle. this is very traumatic for a society to depart from the way it used to do things. hoover came up with this business when he was coming of age. he felt the conflict had to be avoided. he thought the reason why people would come up with a solution for society. a lot of the same process goes on in obama's mind. he can caress people into going along in doing what is right. i don't think that will happen. i think he ever met -- underestimated the forces lined up against him. host: we have a piece called obama's slip is show

and at the bottom of the over, governor tim pawlenty was showing us from minneapolis. ♪ >> our partyeeds a lot of work, obviously. >> tonight, indiana republican governor on revitalizing the gop. >> look inwardly, think about how it can speak more meaningfully to the problems of today and it to the americans of today. to the young people, specifically. tonight on c-span. also on xm radio for download the podcast. >> how is c-span funded? >> private donations? >> i do not really know. >> i do not know where the money comes from. >> federally? >> contributions from donors? >> 30 years ago america's cable companies created to spend as a public service, a private business initiatives, no government money, no government in date. >> with the federally mandated switch to digital television next week we will get a report on how the fcc prepared viewers for the change with the following guests. monday night at 8:00 ppp.m. eastern. "washington journal" continues. host: joining us from sacramento is darrell steinberg, a member of the california senate. guest: great to be here this morning, stev

caller: it is south of minneapolis. i will try to be fair to all sides. i am not trying to blame joe biden for anything from the past. host: you are calling on our republican line? caller: yes, i am trying to be fair. let's look at the job of a vice-president -- is heat harry truman, al gore, thomas jefferson? i think not. i think that joe biden needs to think before he speaks. if he needs to run, what he will say through the president's office, but so he does not have to -- so that president obama does not have to say it oh, my gosh, what did joe biden say? he needs to be that if something were to happen to president obama, he needs to step in immediately. whether we like it or not, he needs to be seen as a credible man -- and he is not. he needs to be seen as a person who is helping the white house when he speaks -- and he is not. i know that during the campaign there was a lot of ridicule of governor sarah palin -- well, having this person as vice president, they should be ready to become president. when i compare governor sarah palin to vice president

in that case the metro counsel in minneapolis has requested funds to purchase 31 standard 40-foot buses, 30 hybrid buses, 26 articulated buses and 15, small 13 foot buses. links in orlando, florida, requested funds to buy 61 buses at a cost of $8.6 billion. that's part of what's missed. you talk to the sand and gravel folks calling people back to work. we have a situation where we have bus manufacturing lines that are hot and staying hot, knowing that these grants are coming. knowing the orders are coming. when we purchase a bus, we don't ask the grantee to give the money up front. they outlay the money to the grantee when the bus is delivered. that's not to say that people aren't working on that manufacturing line. the outlays come when the bus is delivered. i think that's an important point on the overall issue of outlays. the only thing i'd add, consistent with your guidance on reporting requirements, we're adheres to each and every element of both letter and spirit of that law. we have a good system in place. we feel that the grantees are cooperating. like i said, they have various

host: our guest is governor tim pawlenty joining us from minneapolis. caller: good morning. i love you lots of messages about our own the budget. you brought the renewable energy. i watched those climate change committee meetings with waxman and others. i was concerned that they have in that bill that coal is considered a non-renewable. nuclear also, and so would behydro and oil. pretty much anything thatmines into the ground. i want to bring up a couple of more things to see how you feel about it. but cost according to the democrats is $2.30 trillion. the estimate is for 2.5 million jobs lost because of this legislation. the fund is allocated to displaced workers. they also include -- the scariest thing -- they are proposing $1,500 per moving allowance. these people who campaigned for america's future -- thank you, c-span -- we are being run by these non-profits to were getting all these appointments. i am not happy with the loss of the freedom. how you feel about the fact that we will not have anything that costs us less than an arm and a leg for energy? guest: she raised

. >> that's a great result just like the bridge in minneapolis. of course, it was replacing a structure that had collapsed. there were a great many steps in the permitting process that did not have to be repeated but there was also an element of that project that was very important. it has missed public attention and that is the contractor had a facility -- had a building near the construction site, rented for the period of construction, and minnesota d.o.t. and federal highway administration district engineer office also had offices in that building. separated a corridor apart but they walked back and forth daily, daily, reviewing plans, discussing needs and cutting through the approvals -- cutting the time of approvals that would be required and would be time-consuming in other projects. now, that's the kind of expediting that i want -- that's -- you talked about hand-in-hand a moment ago, this is hand-in-hand. this is partnership. >> yes, sir. >> and the permitting process is not only environmental issues; it's a whole host of other permitting

one of my favorites was a doctor, who we picked up on just because a woman in minneapolis working for me and i asked if she could find someone that went to medical school to talk about medical school stories, but it turned out this woman was for personal relationships, a textbook, personal relationships through the last 50 years and she had been married and decided late in life, her husband owned garage, that she was going to go to medical school and struggled to get through because she had three sons at home and finally she got through and at the end they had the graduation and it was quiet and dignified and when she got up to get her diploma being down by this point, her oldest son balk op and screamed "way to go mom" and a was the great transformative moment but of course she divorced her husband instantly after this. [laughter] in the period everyone was starting to shack up, cohabiting, she lived with another guy and they were, you know, buying a house together but then she came home from presidency one night after 16 hours and he was sitting with his feet up reading the paper an

if brett favre is paying for the vikings, more people want to get to minneapolis, driving through a blizzard. the main thought i'd take away, the reliable projections for ridership and cost. the overly optimistic proponents overestimate ridership and underestimates costs. the federal government make investment decisions based on faulty forecasts. we are going to fund projects that will be successful. i will direct this first to mr. sable. how are we going to evaluate such projections for proposed projects, are you going to rely on the project sponsor n? >> one of the key projects we will be ranking the applications on, the proposed management plan and management of risk which includes covering the operating costs, those responsibilities belong to the applicant, not the federal government. those forecasts are accurate, of the things we plan to do is build a template where essentially, the data to us, i ran the data for our own calculations, as we compare the projects, we are getting apples to apples comparison. to ensure the integrity of the data, we have accurate forecasts. we understand the

it's one thing to say minneapolis and miami are spending wildly different rates, but you have to reallyget down to one physician and office next to theirs, you know, why is one performing endscopes and one rarely performs endscopes, so what's in the global budget that we put in? it's all medical expenses, primary care, experiment care, behavioral health and pharmacy. we want to deal with one of the biggest problems identified in the institute of medicine report which is the intense fragmentation in the delivery system. we know that for example from a safety perspective that one of the greatest risks for safety are handoffs and not just handoffs between the hospital and the home or the hospital and nursing home, but handoffs within the hospital itself for intensive care unit to the regular floor from the regular floor to a skilled nursing facility. we're also offering as part of our payments infrastructure help. we know that many delivery systems and physician practices are not organized today to manage within a global payment. they need help with information technology, they need help w

i was in minneapolis and there's a large somali community, and inside some of thermals, there are no windows, very close, very much like a traditional suc, and the call to prayer is coming off and it struck a chord. there's something that is very comfortable about that culture for me. so we will seem i did spend time in bangladesh, which is the culturally, religiously, very much like pakistan. >> host: which had been part of pakistan at partition in 1947. >> guest: right. >> host: it spun off after the civil war in 1971 and now is one of the poorest, most vibrant countries in the world. >> guest: exactly right. socially it couldn't be more different than pakistan in that -- >> host: how. >> guest: you can good -- the conspiracy hawking, the notion that there's a central intelligence agency plot behind every development in bangladesh is not there. so i didn't have to dress in local clothes. before i went though taliban areas i was dyeing my hair to blend in. the fear factor was there. at bangladesh you could roll into any village, ask questions. it was very easy to work, very simple c

vikings next year there are going to be a lot more people that will want to get from sioux falls to minneapolis and prmblely quickly and without having to drive through a blizzard. if i might direct a question to, this will be to mr. szabo and ms. fleming. what i take from the g.a.o.'s testimony is ridership and cost. the concern is that overly optimistic project proponents is going to overstatement ridership and understatement cost. if the federal government makes investment decisions based upon faulty forecasts we're going to fund the projects that won't be successful. so i guess the question and maybe i'll direct this to mr. szabo is how are you going to evaluate scutch projections for proposed projects -- such projections for proposed projects and are you going to rely on the project sponsor for those? >> well, first off, one of the key components that we will be ranking the applications on will be their proposed management plan and their management of risk which includes covering all of the operating costs and any cost overruns. those responsibilities belong to the applicant, not the feder

kay from minneapolis, minnesota. caller: thank you for c-span. i want to agree totally and fundamentally with the person who just called in. i am really getting upset by the extent to which republicans who have been opposed to any kind of government reform or change for ever and ever are denying the extent to which doing something that needs to be done by government and creating responsible government rather than making government be the boogeyman have got us into such terrible, terrible trouble that is growing and growing and growing. you talk about we cannot afford it? well, i mean, look at all the people that are suffering so terribly in this economic crisis after we could not have regulation, we could not have reform, we could not do anything about energy or health care or controlling the financial sector that has brought the world down to its knees in this economic crisis. it really is time for the republicans to stop, stop, stop attacking all progressive change in this country. we are in trouble. guest: well, i think she has bought hook, li

performance in standardizing practices of care so one of the great examples in this space is the minneapolis heart institute. it was able to reduce by half of the incidents of a mortality related to am i, not by enrolling new technology, they did it by bringing together nurses emergency staff and cardiologists. everybody who touches the treatment of cardiac event they brought them together and remount the process, every mapped the protocols and words collaborative lee in a very different way than uc in a lot of other communities around the country. now that protocol they have established is 100 different places around the country but it comes from that ethic around collaborating in getting outside your walls and thinking more holistic we about the delivery of care. i am going to switch the focus to second and look at access because it is also a very important part about what we're talking about when covering the uninsured population in the country. in minnesota today recover 92% of our citizens so we have a percent uninsured it with a country is average i believe around 15%. of the 8% 4% and

in fact the founder of mciver says if you want to know where he lives now, he lives in minneapolis, minnesota. this book is how to live dangerously really, and it explains a wide variety of different projects that you can actually do that are very dangerous. making your own flamethrower, but also going through and how to use a lasso, how to use a bullwhip, things of that nature. he wrote backyard ballistics which is a fantastic diy book about how to build a catapult in your own backyard and things of that nature. this also talks about the philosophical reason for why you should live on the edge on how it can bring joy and excitement are like. >> and tell us a little bit about chicago review press. >> it was founded in the early 70s, and it is prides itself on our independent program. we do a wide variety of both fiction as well as nonfiction. our fiction is classic reissues. we have a wide variety of books that have gone out of print and that we are bringing back for the beloved fans. than we do a wide variety of nonfiction popular science. we have lawrence hill books. this is our imprints th

geography that it cost a whole lot more for the same plan, for the same person in miami than in minneapolis but also within a single area, the cause very significantly by the size of the plan. and by the risk factors associated with the covered individuals. a hundred person plan would average age was 50 cost a whole lot more than many average age is 25. in thinking about how you can moderate those perceived inequities i think is important. but then there's another dimension which people haven't talked about very much your and that is that this could have a negative effect on the social solidarity that occurs within a firm. we have categories of insurance in this country, worker only, worker plus kid, family. and nobody really cares a lot about that in the firm because they perceive, well, you know, my employer, they perceive incorrectly. well, my employer is paying 85% of this, so my research assistant doesn't really care that his employee premium is the same as my employee premium, even though the real cost of covering me is probably four times what it is to cover him. but when both of us

and with that, minneapolis, i would ask unanimous consent to -- and with that, madam speaker, i'd ask unanimous consent to submit a list of those organizations into the record. the speaker pro tempore: without objection. mrs. biggert: and with that, madam speaker, i yield back the balance of my time. the speaker pro tempore: the gentlelady yields back the balance of her time. the chair recognizes the gentleman from washington. mr. baird: i want to commend mrs. biggert and mr. carnahan. you know, it's particularly impressive to me that members of congress pick issues under the radar but of tremendous importance. as my colleague from texas observed, the percentage of energy consumed by buildings is phenomenal. it's the largest consumer of energy in this country. in moving forward with positive solutions is particularly noteworthy and merits commendation. we think if it should be one form of power or another but saving money is in the best interest in this country and high-performance buildings is the best possible and most economically responsible ways to do so and i would commend the g