Senate Refuses to Seat Roland Burris

Agree redstate

Blago is a corrupt scumbag and pulling a fast one. But shafting Burris creates some serious concerns.

---

by: Libertad @ Tue Jan 06, 2009 at 11:05:13 AM CST

Senate leadership is losing support; Reid is in trouble

I don't think Reid has a leg to stand on. He should seat Burris immediately even though the guy is a nutty egotist.

The question is, can Reid hold Burris off until the Ill. senate tries and convicts him?

Also, if he hasn't been seated by the time Blago is out of office, can the new Gov. Quinn withdraw the appointment and name someone else?

Interesting that Quinn hasn't seconded Blago's appointment of Burris, which would take Reid off the hook.

---

by: Another skeptic @ Tue Jan 06, 2009 at 15:40:01 PM CST

[ Parent ]

Until Ill senate convicts Blago

Not Burris.

---

by: Another skeptic @ Tue Jan 06, 2009 at 15:40:53 PM CST

[ Parent ]

Seems to me...

That before Obama has even been sworn in, there are a lot of cockroaches running for cover.

Maybe that's a function of his willingness to root out corruption.

If not, he'd better hope his hands are 100% clean, because one slip and he'll spend the rest of his term explaining himself, friendly press or not.

"Giving money and power to government is like giving whiskey and car keys to teenage boys."

P.J. O'Rourke

---

by: Laughing Boy @ Tue Jan 06, 2009 at 11:16:54 AM CST

Where there is smoke ....

Richardson has had a haze around him for years. You'd think a run for POTUS and self promotion for SoC would have vetted these issues sooner.

I mean come on, what other corrupt dealings has this guy been engaged on? On top of it, he appears to have lied (wasn't fully open) in the SoC vetting process.

---

by: Libertad @ Tue Jan 06, 2009 at 14:19:54 PM CST

[ Parent ]

Apparently the central figure in the Richardson scandal

paid big bucks to Obama's campaign at a fund raiser after the scandal broke in September. http://abcnews.go.com/Blotter/...

So Obama nominated Richardson after it was publicly revealed that there was an investigation into his dealings as Governor of New Mexico.  Either it was an incredible vetting failure on the part of his staff, or it was considered no big deal in the inner circle.  It wasn't until it started making the rounds in the national news that Richardson "withdrew" from consideration.

Proudly being investigated by Nancy Pelosi!

---

by: cologeek @ Tue Jan 06, 2009 at 15:22:54 PM CST

[ Parent ]

If Richardson is to be believed...

It's supposed to be "no big deal".  Of course, that's a big If.

"I have come to the conclusion that the making of laws is like the making of sausages-the less you know about the process the more you respect the result."  -- Anonymous IL State Rep. circa 1878

---

by: Phoenix Rising @ Tue Jan 06, 2009 at 17:21:53 PM CST

[ Parent ]

A bit more complicated

Here is a link to a site that a county clerk in Illinois posts on regularly, http://www.illinipundit.com/20...

The post outlines his argument about the senate's power but this post points out that Burris has a legal case against Jesse White, the Secretary of State, for refusing to sign the appointment, http://www.illinipundit.com/20...

If White is forced to sign the appointment then it pops back into Reid's lap to see if he wants to make new case law.

---

by: jpb @ Tue Jan 06, 2009 at 11:24:15 AM CST

Pretty good summary

Under Senate Rules, they couldn't seat Burris without the SoS's signature.  Of course, they could override the rules, but they aren't really in a rush to do that.

There's already a court filing to compel SoS White to sign the certification - I don't think it will be too long before he's told to sign the bloody thing and the Senate will then be pretty much forced to accept the appointment.

"I have come to the conclusion that the making of laws is like the making of sausages-the less you know about the process the more you respect the result."  -- Anonymous IL State Rep. circa 1878

---

by: Phoenix Rising @ Tue Jan 06, 2009 at 12:18:57 PM CST

[ Parent ]

Legally, they CAN'T seat him

whether we like the way this is going or not. Until the Illinois Secretary of State signs off on his appointment, he is not allowed on the Senate floor. Thems the rules.

Overall, I'm leaning towards just pressing Illinois SoS and Dem leadership to go ahead and seat him, despite the fact that his appointment came from a Governor who is under a rather large cloud of suspicion. At this point, we have the economy to focus on, not this shit and Illinois needs representation in the Senate. Pragmatically speaking, Reid needs to seat the guy and move on to what really matters--the future of this country.

"The only way you could be worse is if you were Wade Norris." Ralphie

---

by: Middle of the Road @ Tue Jan 06, 2009 at 11:25:01 AM CST

I understand that

Do Senate rules really trump the Constitution though? I'm not familiar with the ramifications of the two having a legal collision. Also, whether the rules say so or not, this doesn't make anyone look good. Is there any reason for him being unqualified other than being appointed by Blago?

Either way you're dead-on about getting focused on the real problems. In 22 months, the guy is most likely gone anyway, so what's the big deal?

The thing is, this is mostly Obama's doing. By saying that he doesn't want Burris seated, he basically ties the hands of the Senate leadership.


"I'll take incompetence over a business model incentivised to kill me any day." -- DtR(H)

---

by: redstateblues @ Tue Jan 06, 2009 at 11:57:19 AM CST

[ Parent ]

The Constitution says that

a replacement shall be made by appointment or special election in accordance with laws written by the state.  Illinois state law, I think, says that the appointment papers must be signed by the SoS before they are valid.  Therefore, Burris has not yet been officially appointed in accordance with Illinois law and therefore the constitution.  That being said, the Illinois SoS is likely on tepid legal grounds in refusing to sign such papers.

---

by: Justin.Henceroth@gmail.com @ Tue Jan 06, 2009 at 12:02:31 PM CST

[ Parent ]

Thanks

That makes a lot more sense. Your last sentence is what I was trying to get at.

"I'll take incompetence over a business model incentivised to kill me any day." -- DtR(H)

---

by: redstateblues @ Tue Jan 06, 2009 at 12:03:58 PM CST

[ Parent ]

Blago is a scumbag...

as we all know, but I don't see any point to hold it against Burris ! It would be a good idea for the FBI and/or any other group designated by the Senate to investigate any connections between Burris and Blago, and properly vet everything, then ask the Illinois SOS to sign off and seat Burris if everything comes out OK.  

They can put Burris through a process that makes everyone feel a little more comfortable, and puts him through some hoops, so the Senate can get on with its business and the Dems can have one more senator.  Reid fucked this up by drawing a line in the sand, which he now can't back away from.  I don't think Obama made the right move either by coming to the same conclusion as Reid IMHO.

Blago was required to make an appointment and he did it, and so far I haven't heard anything to suggest Burris is dirty.  

" And there are no Christian terrorists."

The Beej, circa 8/26/2010

---

by: Fidel's dirt nap @ Tue Jan 06, 2009 at 12:10:23 PM CST

[ Parent ]

No, but he's not been pleasant, either

There are a lot of subtle things to make you think that Burris and Blago kind of worked this out together.  A determination by the FBI/USA's office on the appointment would be welcome, just to clear the air.

Burris changed his tune on Blago just after he got the appointment.  Burris yesterday claimed that he was appointed by The Lord, and that the Senate couldn't undo that...  Just little things that say Burris isn't as clean as his resume makes him out to be.

Oh - Blago wasn't required to make the appointment, and in fact he said he wouldn't make an appointment while under the cloud of investigation.  That promise lasted perhaps two weeks before he appointed Burris.

"I have come to the conclusion that the making of laws is like the making of sausages-the less you know about the process the more you respect the result."  -- Anonymous IL State Rep. circa 1878

---

by: Phoenix Rising @ Tue Jan 06, 2009 at 12:23:28 PM CST

[ Parent ]

That last paragraph is funny Phoenix

because during the press conference Blago said he was required to make the appointment !  How many lies is that on one subject for Blago, 3 ?

The FBI should really investigate and others should do some vetting.  Thumbs up, seat him.  Thumbs down, don't seat him.

" And there are no Christian terrorists."

The Beej, circa 8/26/2010

---

by: Fidel's dirt nap @ Tue Jan 06, 2009 at 12:27:59 PM CST

[ Parent ]

Burris also.....

....stated that he IS the Senator and hence must be seated.

Seems like a bad choice for senator when he can't jump the hurdle of understanding that he is NOT the senator until sworn in.

Next.....

"Collective fear stimulates herd instinct and tends to produce ferocity toward those who are not regarded as members of the herd." -Bertrand Russell

---

by: parsingreality @ Tue Jan 06, 2009 at 13:26:03 PM CST

[ Parent ]

What if Coffman didn't sign off on Udall?

Speaking of which, is now he sworn in and resigned?  

"Collective fear stimulates herd instinct and tends to produce ferocity toward those who are not regarded as members of the herd." -Bertrand Russell

---

by: parsingreality @ Tue Jan 06, 2009 at 12:09:07 PM CST

Indeed he is...

having nothing else to do this morning, I watched it with my own eyes.  The Senators Udall were sworn in by Darth Cheney himself at the same time.  :)

On a separate note, Cheney just tried to make SD Sen Tim Johnson raise his right hand during the ceremonial swearing in in the Old Chamber...  Of course, Johnson can't raise his right hand b/c of his stroke/episode 2 years ago.  Bad advance work, Dick...

---

by: Dabee47 @ Tue Jan 06, 2009 at 12:21:52 PM CST

[ Parent ]

Like Bush getting annoyed at the reporter who was wearing sun glasses....

...because he was bling or almost so or something.

"Collective fear stimulates herd instinct and tends to produce ferocity toward those who are not regarded as members of the herd." -Bertrand Russell

---

by: parsingreality @ Tue Jan 06, 2009 at 13:27:11 PM CST

[ Parent ]

My bling is so dope, I gotta wear glasses, yo

" And there are no Christian terrorists."

The Beej, circa 8/26/2010

---

by: Fidel's dirt nap @ Tue Jan 06, 2009 at 14:30:23 PM CST

[ Parent ]

Different scenario

But Bernie Buescher could, concievably, refuse to sign off on Michael Bennet. Not that he would do that, but he could.

---

by: Colorado Pols @ Tue Jan 06, 2009 at 14:39:45 PM CST

[ Parent ]

Not until he's confirmed...

Best to kill them early instead of letting them possibly need food stamps.
--marilou, 2010

---

by: Ralphie @ Tue Jan 06, 2009 at 15:08:00 PM CST

[ Parent ]

CO law requires the SOS's involvement in Ritter's appointment?

---

by: Jambalaya @ Tue Jan 06, 2009 at 18:27:22 PM CST

[ Parent ]

It's like a rubber stamp

The Secretary of State certifies elections and political appointments.

---

by: Colorado Pols @ Tue Jan 06, 2009 at 18:31:51 PM CST

[ Parent ]

oh, damned administrative technicalities!

I thought Clinton/Gore reinvented gov't back in the day, eliminating such bullshit regulations.

---

by: Jambalaya @ Tue Jan 06, 2009 at 18:35:06 PM CST

[ Parent ]

Granted that Obama erred in commenting...

Senate Democrats were the first to paint themselves into a corner.  

The fact that Illinois' legislature has bobbled the ball is one source of the mess, both by failing to impeach and/or failing to put the election issue to rest by dealing with the statehouse Republicans.   They've kept Blago in the drivers' seat on this.  Then there is the US Attorney, who has NOT indicted, for reasons (apparently) that the case isn't ready.  The Illinois Secretary of State was quoted yesterday as saying that his refusal is based on "moral" considerations... that he declined to characterize... but that ain't good enough, even in Illinois.   I'm no expert on Illinois law, but others who are suggest that without an indictment, the Secretary of State doesn't have even the thinnest, most fragile basis for refusing to certify the appointment.  

Unless the SoS changes his mind, Burris will sue the Secretary of State in an Illinois court to compel the Secretary of State to certify the appointment.  After that, the U.S. Senate isn't likely to wander down the path of judging whether state appointments are worthy or not... openning a massive partisan can of worms that the Senate is perilously close to by now.   No way do the Demos want a Senate in the future to decide which Democratic Senate apppointees pass their muster.   This would be the slippery-est partisan slope that ever existed.  Even IF the U.S. Supreme Court were brought in... with all the uncertainty that gets added to the outcome...  Well the Court will not be brought into it.  All of this is not to mention the MONUMENTAL distraction from (let's see) the war, the economy, the climate, etc.   The Senate's cooler heads will hopefully prevail, as Harry Reid's temperant comments on 'negotiating' suggest is happening.   They'll unpaint themselves from their corner and Burris will ultimately be sworn in as Illinois Senator (if he continues to want it), but not before the matter of the Secy of State's refusal to certify is resolved.  That might take weeks, but so be it.  

Blago is a corrupt small-minded little shit who has very little going for him (except the absence of serious rivals, it seems, but he's still the Governor of Illinois whether Harry Reid, President Obama, or the Illinois Secretary of State like it or not.

---

by: DemZorro @ Tue Jan 06, 2009 at 12:44:01 PM CST

My understanding is two things prevented impeachment

One is apparently that it would have required a special session, which Blagojevich would have had to call. The other is that Fitzgerald complained it would have interfered with his investigation.

In addition, it wouldn't have been instantaneous in any case.

Bring back S[redacted]e H[redacted]y!

---

by: sxp151 @ Tue Jan 06, 2009 at 14:10:09 PM CST

[ Parent ]

OK, too funny not to link to...

http://www.freerepublic.com/fo...

I just couldn't stop laughing!

Proudly being investigated by Nancy Pelosi!

---

by: cologeek @ Tue Jan 06, 2009 at 18:21:08 PM CST

when redstateblues writes, Sen. Feinstein listens...

...did you see that she supports seating Burris now?!  After the weeks of speculating about Burris, Feinstein has finally found a microphone and she suddenly, for the first time, announced that she supports Burris.  Apparently, she's been trapped under something heavy for several days....with BB just out of reach.

---

by: Jambalaya @ Tue Jan 06, 2009 at 18:30:00 PM CST