In it, but not of it. TPM DC
Just a little while before they made their decision, the judges conducted a short Q & A with Coleman lawyer Tony Trimble, asking him why he'd failed to share evidence and why this shouldn't disqualify the witness.
Trimble admitted that they'd had the document at the time evidence was being exchanged between the two teams, but he claimed the campaign hadn't thought about it -- that it was insignificant. "Fine, I believe Mr. Lillehaug [Franken lawyer] is correct," said Trimble. "It was not produced, but it was not intentionally squirreled away. It was overlooked."
Trimble instead proposed that the Franken camp be given some time, perhaps even a day, to review it before proceeding with Howell's cross-examination: "I would be surprised if it took any more time than 10 minutes to examine this statement, to see that there's nothing new."
The judges weren't convinced.
One other thing: Before they went into the chambers, the judges had to ask for a copy of the document, so that they too could review it for the first time. Ouch.