I saw this Wolf Blitzer interview of Burris yesterday, and for me, it really boils down to the following:
Blitzer: Because yesterday Sen. Durbin, the senior senator from Illinois, and the Senate majority leader, Harry Reid, they both said they were open to, quote, “negotiating” with you on this. So tell me what there is to negotiate?
Burris: Well, I am the legally-appointed senator. And what we’ve been trying to get everyone to recognize that the governor of Illinois has serious problems. God knows he has problems, but he is still the governor. He made a legal appointment. And that’s, you know, the end of it. Close the books. That is a legal appointment.
And based on that, I’m hoping that the Senate of the United States will honor that. I mean, it’s just that simple.
I am hard pressed to see anything wrong with his logic there, and agree with him. Governor Blagojevich may or may not be the biggest scumbag currently in politics, but he is still Governor, he still has the authority to make this appointment, Burris appears to be a clean guy, and as far as I am concerned, the matter is settled. The Senate should seat him.
All of this talk about “taint” and other silliness is just grandstanding and posturing, and even Harry Reid knows it, as he gave up the game on MTP on Sunday:
MR. GREGORY: But there sounds to me like there may be some room here to negotiate and actually seat Burris?
SEN. REID: Hey, listen, David, I’m an old trial lawyer. There’s always room to negotiate.
MR. GREGORY: All right, so you’re not saying no completely that he won’t serve?
SEN. REID: That’s right.
I am not sure what he plans to negotiate, as this seems to be a binary construct. Either Burris is seated or he is not, although Reid, with his inexplicable inability to pick fights actually worth fighting, will probably see to it that Burris is only seated after the Democrats inflict maximum political damage on themselves.
Incertus
It took them long enough to come around to the place that was pretty freaking obvious to anyone with any distance from the discussion. Okay, Bobby Rush’s bloviating about race being a factor muddied the waters a bit, but the reality was always there. I’m only surprised that the second person Blago picked took the job. I thought he’d have to go way down the list to find someone willing to be associated with him.
Tattoosydney
“taint”
Hee hee hee.
More seriously, I disagree with you, John – anyone stupid enough to accept the appointment, like Burris did, is too stupid to let into the Senate.
gypsy howell
Harry Reid really hits the douchebag trifecta on this one. Inept, politically stupid and spineless… all in one breathtaking move.
The whole thing is too depressing to even play the game of "Let’s pretend for a moment that we’re talking about a Republican Senate Majority Leader and a Republican Senate appointment, and imagine how this would have unfolded."
cleek
yep.
Reid is an imbecile. Pelosi and Feinstein, too.
the entire Dem cowardship needs to go.
Media Browski
I can’t weigh in on the legality of the situation, whether Reid and Co. can in fact keep Burris from being seated, but I must disagree with you John: Burris should not be seated.
Back when this was first announced, I was neutral. You were for it, other bloggers against, everyone tepid. I made it home late, but in time to watch Burris terrible performance on Maddow (not last night’s terrible performance, last week’s terrible performance). He fell flat on his face, unable and frighteningly unwilling to address the fact that he’s accepting an appointment from a politician accused of selling appointments. It stinks, and Burris grins and tells us that all he smells is roses.
That’s when I knew I was against this. Fast forward to last night’s performance, and it just got worse. His grinning hubris was embarrassing, creepy, and tone-deaf.
That said . . .
Thanks for blogging John, you’re one of the few reasonable people rocking the keyboards.
John Cole
@Media Browski: Burris may very well be an idiot.
I assume the voters of Illinois will take that into consideration in 2010.
Media Browski
@John Cole: Fair enough.
gypsy howell
This would describe probably 85% of everyone in congress. At least Burris will be a reliable Democratic vote on important issues. And… like it or not, he was legally appointed by the still-governor of IL.
Reid is opening a huge can of worms of dubious legality and terrible precedent on this, and it doesn’t take a genius to predict that it will boomerang on the Democrats pretty quickly.
cleek
(Al Franken looks on nervously)
AdrianLesher
Burris showed a lack of character and a preening ambition in actively seeking out an appointment from the crooked Blagojevich.
Beyond that, as an attorney general running for governor Burris sought to push through the execution of a man whom he had good reason to know was innocent.
This character failing was so extreme that a detective and assistant attorney general resigned in protest over Burris’ bloodthirsty behavior. Apparently, Burris acted in this disgusting manner in order to foster his image as a "crime fighter." To call this man "clean" is to render that word meaningless.
See http://www.politico.com/news/stories/0109/16981.html
John Cole
@AdrianLesher: And a very valid reason to vote against him in the 2010 primary. In fact, I will be the first person to send 50 bucks to a primary opponent in 2009 when they start to declare.
As a reason to not seat him to the Senate right now, it fails.
Media Browski
@gypsy howell: I’m using the "Hitchhiker’s Guide" standard for this: anyone who would take this appointment shouldn’t be allowed to have it.
Like I said, I don’t have the background to comment on the legal issues. What I do have is a background that tells me it’s worse to invite the tainted (giggle) politician in than it is to get into a political tussle that’s too in-the-weeds for most Americans to care about.
dmsilev
@John Cole:
We elected and re-elected Blago. Draw your own conclusions about the discrimination and taste of voters here.
-dms
NonyNony
@Tattoosydney:
I don’t believe that for one minute. Burris isn’t stupid, he has poor judgment (there’s a difference). And as far as bad judgment goes, Burris doesn’t even make the bottom 10% of the current crop of sitting Senators. Have you SEEN some of the people we have serving as Senators right now?
As far as fighting back – Reid has to fight back to the maximum that the law allows him to, to make sure that everyone knows that once Burris gets seated it’s reluctantly because of the cloud that Blago has created. That’s also what the "negotiation" talk is about – if he can negotiate a way to make this look not-as-bad, then he’ll take it. Not sure how much leverage he has here, but he’s leaving the door open.
Barring any dirt getting dug up on Burris himself, he’s probably going to be the next Senator from Illinois. For two years anyway. Then the people of Illinois can figure out if they want someone else. But Reid doesn’t have to be enthusiastic about it, and politically it’s best for him if it looks like he’s been dragged "kicking and screaming" to the inevitable result instead of him cordially going along with it and not wasting any time. (If we had a sane system of government these kind of theatrics wouldn’t be needed. But we have a less-than-sane system of government where theatrics are often prized higher than actual work. So I can see the need, even if I think it’s stupid.)
Napoleon
I was listening to some show on some policies he has pushed in the past and though now I can not recall what they were I was impressed that he maybe astonishingly progressive, particularly for a downstate Democrat in Illinois (he is not a Chicago pol).
I think he was legally appointed. Get it over with and seat him.
cleek
how does Reid benefit from fighting this? who would be upset if Reid just shrugged and kept his mouth shut, and only responding "the elected governor made a legal appointment according to the laws of his state; the Senate has no power here" when asked ?
would Republicans whine? BFD. that’s their job. they whine about everything.
Reid is doing nothing but making himself look like a pompous but impotent ass. (which, is a change from his usual plain-spoken impotence, i guess)
smiley
As far as I can see, the stupidest thing Reid, Durbin et al., did was to box themselves in so immediately after Blago announced the appointment. They clearly didn’t expect it and reacted out of fear that they would somehow be tainted by seating Burris. Stupid.
Pooh
I don’t think that’s an unreasonable fear. Count me as +1 for the people who say that Burris accepting the appointment shows an appalling lack of judgment in both political and real terms.
Ed in NJ
We are still a nation of laws, and by all accounts this appointment was made legally and without any hint of impropriety.
If Burris serves effectively, no one will remember in 2010 and all this hand-wringing will be just that.
It’s amazing how incompetent the Democrats are. Here we have a huge Senate majority to implement our agenda, and before the Congress is even seated, it’s been poisoned by this false media narrative that Burris, Franken, and Kennedy are illegitimate members. And we stand by and let it happen while Republicans continue to shout about the liberal media.
crack
Colbert was all over the taint last night.
Reverend Dennis
It’s illustrative of Reid’s utter cluelessness that the first battle he chooses to fight in the new Congress is against his own party. It would be nice if Dem Senators elected a Majority Leader who isn’t suffering from Stockholm syndrome.
Dervin
Amazing, I’m not sure which is which is worse, the backstabbing Lieberman gets more respect and deference from the democrats, or the Democrats will make a bunch of noise, then fold again.
Tattoosydney
@NonyNony:
You make a very good point… I actually agree with you and John – he has been appointed legitimately, and more importantly, it’s pointless having the argument now anyway…
I was just embarrassed that my original post consisted entirely of me giggling at the word "taint" (hee hee) and, while staring at the edit timer counting steadily downwards, panicked and tried to include some content.
I should have stuck with my original, sixth grade level, instincts.
mellowjohn
crack @ #20…
how did mrs. colbert feel about that?
joe from Lowell
We are a nation of laws, not men.
It doesn’t matter how much of a scumbag Blagojevich is. He is legally the governor, and the law must be followed.
The Grand Panjandrum
In other words, Illinois voters are no different than folks who voted for George W. Bush in 2004. They should have known better but were still on a steady diet of stupid pills.
But Democrats have no one to blame but themselves for this fucking mess. The Illinois legislature could have moved quickly on Blago and prevented this entire mess, but I guess political cowardice and utter stupidity doesn’t go unpunished until the country is ready to go swirling down the toilet bowl.
It appears the only real difference between Democrats and Republicans these days is when they are inconsistent. Republicans seem to suddenly reverse course after they get thrown out of power. Democrats have the uncanny ability to flip-flop at any given opportunity. Burris will be seated. (As was noted above this is all posturing so the Dem leadership can proudly proclaim that they tried to bar him and gosh darn it; just couldn’t get it done.)
dave
I’m just glad Blago didn’t appoint Alan Keyes …
kay
They have to seat him, because it’s arbitrary not to. That’s why there are rules. Blago hasn’t even been indicted, let alone convicted. He’s the Governor. If they don’t seat Burris, what happens next?
They make up the rules as they go along? Is "taint" a measurable standard? In my opinion, at least 20 US Senators are tainted. Compromised. They shouldn’t be seated, according to my completely arbitrary and personal taint definition. I wouldn’t seat Harry Reid.
Scott de B.
So it seems to be the conclusion here that Blago should have gone ahead and sold the seat after all, as there is nothing Congress could or should have done about it.
jibeaux
Illinois is just full of fail. I can’t believe they voted for Blago, I can’t believe he ran a radio jingle in the last campaigning rhyming "switch" with "Blagojevich", I can’t believe anyone would voluntarily style their hair that way, I can’t believe the Illinois Senate didn’t strip him of his authority to make the appointment already (they could have, they evidently couldn’t agree on the language — !!!), I can’t believe he hasn’t resigned yet and had the gall to make an appointment, I can’t believe he found anyone willing to accept the appointment.
I have a hard time with it, myself. I don’t think it’s about grandstanding, and I don’t think it concerns Burris substantively at all….it’s about trying not to look like a corrupt douchebag. If you don’t object to an appointment made by a corrupt douchebag who is on tape as saying he’s got the appointment up on the eBay, then you look like a corrupt douchebag, too. It’s tricky legally because of the idiocy of the Illinois Senate, but I think it’s perfectly logical why Senate Dems are upset about it. It would have been a lot more agreeable if the appointment could have been made by, well, anyone not named Blagojevich.
Scott de B.
But Democrats have no one to blame but themselves for this fucking mess. The Illinois legislature could have moved quickly on Blago and prevented this entire mess, but I guess political cowardice and utter stupidity doesn’t go unpunished until the country is ready to go swirling down the toilet bowl.
It’s hard to move quickly without all the evidence. Fitzgerald has declined to share his findings with the Illinois legislature.
Bob In Pacifica
Remember all that pre-election talk about getting a filibuster-proof supermajority of sixty in the Senate?
It looks like maybe the Dems, with Reid in charge, should have been shooting for seventy-five. They’ve got the Senator from Minnesota on ice, they’ve got the debacle in Illinois. Dems are tripping over each other to undercut whoever comes out of New York.
Here’s an easy solution: Reid’s office contacts Fitzpatrick, asks if his investigation has anything on Burris, and then announce the results accordingly. Fitzpatrick should at least be able to say whether or not Burris is a target of his investigation. If Fitz went public on Blago he can at least give a thumbs up or down on what he knows about Burris without opening his files, as the Dems in Illinois’ legislature wanted. If Burris is clean according to the Republican federal prosecutor, seat him. If he’s in any way suspect, then don’t seat him. And if Fitz doesn’t cooperate, blame it on him.
There’s a lot of work to do. Let’s get it on.
KCinDC
After Bobby Rush started throwing the raw sewage at the press conference announcing Burris, I’m fine with the Democrats using whatever legal processes they can to keep Burris out. Using the word "lynch" was disgusting, and he’s only gotten worse since.
Burris is at least bright enough to have started distancing himself from Rush lately, but he wasn’t bright enough to avoid signing out to Blagojevich and Rush’s race-baiting strategy in the first place. (And of course he wasn’t as bright as Danny Davis, who had the sense to refuse the appointment from Blagojevich even though he didn’t have the sense a few years ago to avoid being suckered into participating in a coronation ceremony for Sun Myung Moon in a congressional office building.)
Reverend Dennis
Federal Prosecutor Fitzgerald was just granted another ninety days to bring his case. That suggests to me that he doesn’t have enough on Blago to indict, much less convict, him. Meanwhile, Reid caves to the Republicans on Burris and he just caved on Franken. This at a time when the Dems need every vote they can get to pass a stimulus package. Reid is to politics as Dennis Miller is to humor.
kay
@Scott de B.:
Leaving it up to the media and a single filing and then press conference by the prosecutor is asking for trouble down the road. What’s the new standard?
jibeaux
The Senate isn’t in charge of the conviction, they don’t need "beyond a reasonable doubt". What’s been made public is more than enough to impeach & remove him.
kay
@Reverend Dennis:
That’s what I suspect. I do no criminal law, and no federal law, so I’m in no way up on what Fitzgerald does, but it’s worrisome that he asked for an extension. I’m not as enamored of Fitzgerald as the rest. He’s an aggressive prosecutor, and that’s great, and it’s his job, but it’s one side. I have a problem with those press conferences. I have no idea what purpose they serve. Well, I KNOW why he’s doing them, I’m just not completely BUYING them. Read the complaint, and then shut up, Mr. Prosecutor, please. No editorializing.
The Grand Panjandrum
@kay:
Ahem. Tattosydney, care to respond?
KCinDC
This doesn’t sound like caving on Franken to me:
Sure, Franken hasn’t been seated yet. If you can provide an example of someone else being seated before the state has certified their election, then I’ll agree that’s a cave.
Shinobi
I don’t even think the voters of Illinois are relevant to the political machine here anymore. It just seems like a bunch of boys playing a game to see who can get their name on the most stuff.
If you fly into Chicago, count the times you see Mayor Daley’s name. There are 4 in your cab, can you spot them all? And now Blago is all over the highway. Obama is on every lightpole in downtown. I think they are going to make us all get tattoos next. Poor Burris, he’s only got his GIGANTIC grave marker. He’s losing.
Shygetz
Hey there, all you Rule of Law proponents…has the Illinois Secretary of State signed off on the appointment as required by law? No? Then, according to the Senate rules, Reid can’t seat Burris, as he has not yet been validly appointed by the State of Illinois. Or does that Rule of Law not count?
dmsilev
@KCinDC:
Well, there was the Louisiana 1996 Senate race, in which Mary Landrieu was seated before all the dust settled on the stamping and screaming over electoral fraud. Also, those of us in Illinois can take heart that we still haven’t reached the pinnacle of Senatorial electoral absurdity:
-dms
Tattoosydney
@The Grand Panjandrum:
I try not to think about any Senator’s taint, let alone getting close enough to measure it on one of them.
Let’s just estimate it at "a couple of inches" and leave it at that….
demimondian
@Shygetz: The Ill. Sec’y of State is acting illegally in this case — he is required to sign the form.
The power of appointment rests with the Governor. Period. Illinois should change that, of course, but, for now, that’s where things stand.
KCinDC
My question was about the state certifying the winner, not about dust settling. My understanding is that Illinois is somewhat unusual in not certifying until contests are over, but I could be wrong.
KCinDC
Oh, John, if you’re looking for a compromise, one possibility I’ve heard mentioned is for Burris to say he won’t run in 2010. I’d hope Democrats could manage to primary him successfully, but if not it leaves too much chance for a Republican to get in, especially with the Blagojevich shadow over him.
Shygetz
@demimondian: Ah, so everyone here is bitching at the Illinois Sec. State. Funny, it sounded like everyone was bitching at Reid, who IS following the Rule of Law. So sure, down with the Illinois Sec. State! But I guess that just doesn’t sound satisfying enough to people here. "Follow the Rule of Law…except when it doesn’t entail shooting yourself in the foot!"
Funny, seeing how the Senate is granted the power by the Constitution to determine credentials of it’s members, and seeing how (contrary to some people’s belief) the Rule of Law requires the Sec. State to countersign and validate the Gov.’s choice (Rule II of the Standing Rules of the Senate), it would be silly to claim that Reid is not following the Rule of Law, when clearly he is.
Go on, demi, embrace the silliness.
libarbarian
I disagree.
No one Blago appoints should be seated. Period.
passerby
Yeah. dms we do that in LA, too, and I’m guessing it happens throughout these United States (e.g. Diane Fiend-stein et al). But the US Senate, mucking around with the laws of "sovereign" states is a slippery slope AND an open can of worms.
Burris has ambition but lacks statesmanship and has been appointed by a gov.who was duly elected by the people of the Great State of Illinois. Burris has no criminal charges against him so US Senate involvement to prevent him being seated is a slap in the face to the IL electorate and should be an outrage to any American voter.
Does the US Constitution grant the Senate the power to do that? (To be determined, I guess.)
p.s. To hell with the Senate and their elite club mentality.
libarbarian
Ted Stevens Says:
Brick Oven Bill
Senator Burris is worthy and he does not have one iota of taint. His seating is of National Importance. National Importance. It helps to have been a courier in the City of Chicago to fully understand this.
For the uninitiated, this has everything to do with Chicago jury pools. Very good TV nonetheless.
KCinDC
But are they being thrown under the bus as well?
passerby
KCinDC, from where I stand the IL voters threw themselves under the bus when they elected Blagojevich as their Governor…similar to the LA voters who elected Gov Blanco. They suffered when shit hit the fan during, and after, Hurricane Katrina just as the IL voters must suffer the effects of their rotten pols.
Perhaps more accurately, I should’ve said it’s a slap in the face to IL sovereignty.
KCinDC
Passerby, there was no substantive point. I was just making fun of yet another occurrence of the phrase "slap in the face", which I think John wants to ban along with "thrown under the bus".
passerby
@KCinDC:
Oh.
But look how you raised a subtle but valid point. Nuance.
(nods in admiration)
OriGuy
Seems to me the only thing the Senate Democrats can do is elect a new Majority Leader, so that Reid won’t have to flip-flop and seat Burris. NaGaHaPen, unfortunately.
JG
Have to agree with Shygetz @41 & 47. Whatever the thoughts about Reid’s absolutely pathetic attempts to lead, he has a legal crutch in this case. Until the IL Sect’y of State signs the paperwork, Reid can do nothing.
Now, if the SoS is acting illegally, Burris will have to take that up with him. It is easy for the Senate to sit on their hands and say they won’t get into a state matter.
On Blago – hate to tell you all, but the man hasn’t been convicted yet. I think he’s guilty based on what I’ve seen. I think he’s an idiot and a slimeball. However, he is still the democratically elected Governor of Illinois and as such may exercise his authority. Are the same people raising holy hell about this appointment also trying to keep him from his other daily gubenatorial duties? I didn’t think so.
demimondian
@Shygetz: In point of fact, the Ill. Sec’y of State is a red herring. He admits that he doesn’t have the authority to have acted (or rather, failed to act) as he has. Reid, etc. are irrelevant on that score.
The Senate can, if it so chooses, expel him, and if any credible evidence of a deal between him and Blagalphabet shows up, then it should do exactly that. I’d go further — if even the slightest whiff of evidence of a deal shows up, the Senate should eject him so fast that the Sergeant at Arms has to yank the door open to get it out of his way as he goes flying by. Until and unless that happens, though…Burris (God help us all) is the legitimate Junior Senator from the State of Illinois.
jibeaux
This is excellent news!! For people in danger of becoming slightly less disgusted with politics!!!
KCinDC
@JG:
His making the very appointment he was trying to sell is clearly more connected to his corruption than his signing bills passed by the legislature.
passerby
@JG
I have to agree, too. But hasn’t the Senate been blustering about not seating Blago’s appointee since before it was made? back in the week following Blagos "indictments" being made public?
They may have a legal leg to stand on today, but, they tipped their hand on this weeks ago…unless the US Senate has been in contact with the IL SoS…
Scott de B.
Are the same people raising holy hell about this appointment also trying to keep him from his other daily gubenatorial duties? I didn’t think so.
I’m not a resident of Illinois, so what do I care if he screws up the state? A Senator, on the other hand, is of national concern.
KCinDC
I’m grateful that Burris didn’t make a huge scene demanding to be admitted to the Senate today (and that so far I haven’t heard Bobby Rush say anything about it, though I imagine that’s coming soon).
Martin
Anyone with a spouse knows this isn’t true. Nothing is a binary construct when public opinion matters. Either your wife looks fat in that dress or she doesn’t, or your husband still looks good without hair or he doesn’t, but heaven help you if you speak to such clarity.
Burris will be seated, but not until the Democrats have made their not seating him a more interesting news cycle than his selection was. As such, he’ll be seated with strong reservations, lots of opportunities for Dems to wave their finger at Blago on Sunday mornings, and the end result will be what we all know it will be.
But the Burris situation is actually pretty clear. Since the Sec. of State hasn’t signed off, and presumably has a reason for not signing off, the Senate should respect the state’s position on this. Yes, the Gov. has the right to appoint, but the Gov. is not a king and is a servant of the people of Illinois. It’s the Sec. of States job to ensure that the Gov. is acting properly in that role in this situation, and it seems the Sec. of State isn’t convinced that is happening here. The U.S. Senate doesn’t need to be involved in the affairs of Illinois when there are perfectly qualified people there, elected by the people of Illinois to do that. The state has a reasonable recourse – assuming that Blago would be impeached, the Lt. Gov would be responsible for the appointment. If the Lt. Gov signed off on Burris right now, the Sec. of State could sign off with reasonable assurance that this was a proper appointment. Since the Lt. Gov doesn’t seem ready to do that either, the Senate is right in turning Burris away. If the officials of Illinois aren’t convinced that this is being handled right, who is the Senate to tell them otherwise? Only by turning Burris away can the Senate stay out of Illinois state affairs since it puts the power back in the hands of the Sec. of State.
As to other responsibilities of the Governor, I assume the Sec. of State and other officials are perfectly capable of restricting the Govs ability under Illinois law as needed.
Church Lady
Is there something wrong with Brick Oven Bill? WTF does being a courier in Chicago have to do with anything? Does BOB speak in some type of code that I just don’t understand?
passerby
Yeah but KCinDC, Rush articulated (despite his speech impediment) a brilliant case for Burris’ senate appointment following the announcement at the press conference. Rush, as a duly elected public servant, has every right to insinuate himself in these dealings.
Regardless of the politics involved, the legal process should be honored and the US Sen may only act in accordance with the US Constitution as it relates to IL Law (read "the people of Illinois"). State sovereignty and all that.
Burris appears to be clean and he also appears to be a pup among wolves. And as John pointed out, he can run in 2010 (though I doubt he’ll ever have the clout to win.)
Brachiator
No, it’s not that Blago is a scumbag. He’s a crook. This goes beyond the issue of mere legalisms. Fitzgerald may have blown part of his case against Blago by his early revelation of Blago’s attempt to put the senator spot up for sale. But the ethical issue was larger than the legalistic one.
The ethical thing to do would have been for the Illinois Democrats to quickly push for a special election. It is still the ethical thing to do.
Burris decided to feed his ambition by accepting Blago’s nomination. This is not sufficient.
And anyone who wants to play the game of "it may be wrong, but at least it’s legal," should either simply rewind the Bush Administration, or maybe read a few of Antonin Scalia’s Supreme Court opinions.
libarbarian
@BrickOvenBill
I disagree. Maybe I’m missing something but this seems clear cut to me.
Blago has the right to appoint whom he wants and Senators has a right to say "Go fuck yourself. We won’t work with men appointed by corrupt fuckwads. Resign or we will continue to humiliate your pathetic ass until they throw you in prison, you piece of shit."
Its about the integrity of the Senate. After 8 years of bending over for Bush, the institution needs to stand up for it’s perogatives. No members appointed by criminals will be seated – period.
jibeaux
Plus, didn’t anyone else notice rhyming "gonna make that switch" with "to Rod Blagojevich"? In a SONG? The Hague, I say, the Hague!
sean
it’s insane, this guy’s taint"
http://www.youtube.com/watch?v=YYn4F65gCKo
Shygetz
@demimondian: No, he’s not the Senator from Illinois–he’s not even the Senate appointee yet. He has not been duly appointed and credentialed by the State of Illinois, much less sworn in. You keep insisting that the Sec. State has no authority to refuse to sign, but that is not the point…the Senate requires the signature of the Sec. State for legitimate reasons, and if the Sec. State is abusing his power, it is up to the state to remedy this issue. If Burris or Blago wants to secure a writ compelling the Sec. State to countersign, then Reid might be compelled to seat Burris. Until then, so far as the US Senate is concerned, the governor of the State of Illinois has simply not submitted a valid appointment as required by Senate Rule II, so the seat remains vacant. Any argument to the contrary requires one to ignore Senate Rule II and the Rule of Law.
Convenient for Reid? Yes. But still true…until Sec. State countersigns, there has been no valid appointment.
Brick Oven Bill
That was an allusion to Bobby Rush libarbarian. Blago is playing the race card because he knows the Cook County jury pool is 40% African-American. He only needs to convince one of five to maintain his freedom. Chicago politicians are corrupt, but they know the system. Blago does not seem to be the type to take one for the team.
The jury system will protect him from the justice system and skeletons will protect him from the Legislature. Blago is very good.
passerby
That’s right libarbarian, only elected criminals shall hold office in our noble United States Senate whose members strive at every turn to bring peace and prosperity throughout our great nation thereby serving those whom they represent.
JG
Blago is still the governor. The state hasn’t done anything to kick his a*s out, so he is empowered to appoint. The Sect’y of State apparently feels strongly enough to stand up to him and limit his authority. Bully for him. Because of that, the Senate cannot yet seat Burris. But I bet Harry Reid backs down the second the SoS signs the paperwork. What other legal basis does the Senate have to keep him out? I don’t like the guy who appointed you doesn’t count. There is no allegation that Burris was in any way implicated in that scandal. Besides the fact that Blago is technically innocent until proven guilty, so legally what can the Senate actually do?
I really, really, really don’t want the Senate to be in a position to second guess states wrt their congressional reps unless they are willing to provide the proof that someone is ineligible or that the process that send THAT person forward was somehow invalid (Blago trying to sell to others perhaps shouldn’t invalidate Burris unless you can show Burris tried to buy). Refusing to seat someone is a dramatic step that should be used sparingly. Imagine a hypothetical takeover of the Senate by 60+ right wingers who refuse to seat a Christian. Or a new variation on the Red Scare where there are additional oaths added to the swearing in process and anyone who doesn’t follow them won’t be seated. This whole situation just has a lot more ramifications than "Blago is a crook." Notions of federalism and democracy are implicated here. This isn’t a good test case, but the rules were created to protect the innocent and sometimes have the consequence of providing some protection to slimeballs. Pick you poison – do a few guilty parties get let off, or do you punish a few innocents? It matters.
libarbarian
Of if the Senate isn’t perfect then lets just ignore those abuses we do know of and can do something about and just say "fuck it".
The Senate should do everything within the law to fuck Blago for being Blago, and fuck Burris for agreeing to be his too.
Shygetz
The Sec. State won’t sign the paperwork until he is compelled, IMO, and that won’t happen before the Illinois legislature moves on impeachment and/or a special election. Any compromise on the issue before then would have to come from Illinois state government, especially now that the Sec. Senate has taken the position that the appointment is invalid without the Sec. State signature. I can see the Lt. Gov. agreeing to name Burris if and when Blago resigns or is impeached, and the Sec. State agreeing to sign and Reid agreeing to seat under these conditions.
What I REALLY hope doesn’t happen is that Reid doesn’t make a deal saying that Burris can serve now, but can’t run for election in 2010. That is EXACTLY the wrong outcome. There isn’t any evidence that Burris has done anything wrong, the only problem is he was appointed by someone arrested for trying to sell that seat. If anything, Burris should be ENCOURAGED to run in 2010.
passerby
Libarbarian:
I agree with you that criminals in government should be politically ostracized with the vehemence and the contempt they deserve.
Here I think that power lies with Illinois.
The Senate Club of the US, by their silence AND cooperation with the Bush/Cheney WH, has been, and still is, up to their elbows in treasonous activities that include the invasion of a sovereign country, and the condoning of torture in violation of the Geneva Convention.
For them to get their collective panties in a wad about who can serve in "their" senate is just petty politics which seem to ignore IL Law when convenient. Our own government is running our nation into the ground until we vote these clowns OUT.
bago
A discussion of the taint in DC.
douglasfactors
There’s room to disagree over the legality of blocking the appointment under Article I, Section V.
For starters, Powell is not on point.
I would prefer for the Senate to proceed on the assumption that they have the authority. If the Supreme Court rules that they don’t, seat Burris then. Better yet, let’s hope Blago’s successor rescinds the appointment, picks someone new, and renders the issue moot.
rikyrah
Blago is NOT the convicted Governor.
He’s not the impeached Governor.
He’s not even the indicted Governor.
He is the Governor of Illinois, and it was part of his duties to make this appointment.
People need to place the blame on where it belongs:
Reid and Michael Madigan.
They tried to be SLICK with regards to a Special Election.
And now, they are stuck.
As far as the Secretary of State is concerned, he signed off on the Special Election for Rahm Emmanuel’s seat.
Now, how can he sign off on that and not Burris?
It matters not.
Burris is the LEGALLY appointed Senator from Illinois.
Period.
Either we are a country of laws again after 8 years, or we are not.
mapaghimagsik
I’m glad someone else is joking about "taint". I’d feel weird if it was just me.