The NYT says that Danny Davis was initially offered Barack Obama’s Senate seat on December 24, but he turned it down on Friday the 26th. He did, however, recommend Roland Burris for the position. Blagojevich made the offer on Sunday, and Burris accepted:
On Monday, before the plan was announced, Mr. Burris said he asked his staff to contact Mr. Obama and other Democratic leaders. Somehow, the calls did not reach Mr. Obama, Mr. Burris said.
Yesterday four African American House members – Maxine Waters of California, Donald M. Payne of New Jersey, Donna M.C. Christensen of the Virgin Islands, and Davis himself — called for Burris to be seated:
“I do think it’s a dilemma for the leadership of the party,” Representative Payne said, referring to Democratic leaders in the Senate. “Everyone acknowledges that he’s a great choice. So to deny that person, I just think would send a disappointing signal.”
Throughout Wednesday the telephone lines were burning in the studios of WVON, a black talk radio station in Chicago, where scores of callers voiced their outrage at what they described as the racist efforts to block Mr. Burris from taking his seat.
It would certainly be interesting to watch the same Senate who gave convicted felon Ted Stevens a standing ovation (Reid calling him "distinguished colleague") exclude Burris.
Secretary of State Jesse White has said he will refuse to sign the paper work certifying the appointment, but it’s not clear that his signature represents anything more than a formality. Nonetheless Burris is suing to force him to sign (PDF).
Reid, who didn’t want to risk losing the seat by holding a special election, is still keeping his finger on the scale:
U.S. Senate Majority Leader Harry Reid (D-Nev.) called White on Wednesday to "thank him for his strong position on this important matter," White spokesman Henry Haupt said.
The Washington Post says there are several possible "next steps":
- Burris arrives on Tuesday and is sworn in with the senators who were elected in November.
- Burris shows up, and his appointment is rejected because the Illinois secretary of state, Jesse White, has refused to sign the paperwork certifying the appointment.
- Burris shows up in Washington, and his appointment is referred to the Senate Rules and Administration Committee, which conducts an investigation of his selection by the governor to determine whether Burris should be seated.
- The matter ends up in Illinois and federal courts as Burris tries to force the Senate to seat him.
There are differing opinions as to whether the Senate can refuse to seat him. Jack Balkin thinks they can, but Scott Lemieux is not so sure. Lyle Denniston of SCOTUSblog also weighs in.
Harry Reid has sworn to use his mastery of Senate procedure to block the Burris appointment and protect the integrity of that very exclusive club, which nonetheless warmly embraces Joe Lieberman. 
If only he had been so Johnny-on-the-spot when Bush was appointing Supreme Court Justices, ramming through telecom immunity, FISA and the Military Commissions Act, and otherwise trashing the country.
I think this may be my favorite part, however:
Should Roland Burris show up Tuesday for duty in the Senate, armed police officers stand ready to bar him from the floor.
This cinematic showdown is among an elaborate set of contingencies that Democratic leaders are planning if, as expected, the Illinoisan shows up with newly elected senators pressing his claim that he is the legitimate replacement for President-elect Barack Obama after the disputed appointment of Burris by Gov. Rod R. Blagojevich.
Would that by any chance be the Sergeant-at-Arms, who oversees the Capital police, who was never deployed to enforce congressional subpoenas when the Bush administration refused to comply?
So many powers at their disposal! Who knew?
Blago could actually show up himself on Tuesday — as a sitting governor he would have to be allowed on the Senate floor, even if they won’t allow Burris.
It would be quite fitting. Not that they needed any help, but Blago has done a damn good job of making the Democratic leadership look absolutely ridiculous.
Related posts:
- Burris: Health Care Reform Must Have a Public Option
- Roland Burris Will Vote Against Any Bill That Doesn’t Have a Public Plan
- Burris Makes it Official: Will Not Run for “Re”-Election (And GOP Rep. Kirk Won’t Run Either!)
- Reid to Baucus: Stop Chasing GOP Votes on Health Care
- Sunday Late Night: Your NN2010 Host, Harry Reid
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the dems can salvage this by asking one of the appointments to refuse said appointment, (davis already did), then the dems can ask them to take it
problem solved
Mimosa anyone? You can toast anything you’d like.
Happy New Year Jane!
“Democratic leadership” is politically correct version of what was once referred to as a Chinese fire drill.
Happy New Year, Jane –
To paraphase Brad De Long, “why can’t we have better political leaders?”
It’s appalling that this travesty is being allowed to play out. Couldn’t someone in Illinois have done their homework? Couldn’t the Obama transition team — who have some serious legal chops — have done something? Post-partisan is one thing. Being foolish is another.
Sen. Reid best find better and more pressing targets for his bluster and new-found senatorial powers.
I think Burris would be fine and would give good support to the new president.
.
“Not that they needed any help”
Thanks Jane.
Thanks to Katiedogg for opening the digg
oops, wanted to wish Jane and all the pups a Great and Prosperous New Year. One major item that I am extremely thankful for is that Jane et al are here for another year.
God Grant you Many Years!
:)
.
“…Blago (has) done a damn good job of making the Democratic leadership look absolutely ridiculous.”
True, but it could be argued that ‘they’ really had and have no need of his ‘help’, as, generally, if these last eight years may serve as ‘example’, ‘they’ can manage to look worse than ridiculous on their own ‘merits’, behavior, and sense of responsibility to the people, the nation, and the Constitution.
They are, actually, rather accomplished at such feats of derring-do.
My guess is that Burris will be a very strong liberal/progressive voice in the Senate. Harry doesn’t want that.
Simply put, Harry Reid works for the Republican Party. He needs to step down. If he worked for Democrats, one would likely conclude that he is clueless – that he has no idea how to pick his battles. It stands to reason that Harry Reid is a mole for the Republican Party. Its the only thing that makes any sense.
The governor is a putz. But, he is Governor Putz. He gets to make the appointment, unless he acts illegally.
It doesn’t matter that he has been criminally charged.
The previous governor, George Ryan, was known to be under suspicion of criminal activity; eventually, he was convicted. While that investigation was under way, he suspended all death sentences for a detailed study, and eventually
Nobody questioned his authority to do that.
Seat the guy. It’s the law.
And you!
Thanks Jane. Happy New Year, I guess.
My patience meter flat-lined about 8 1/2 yrs ago. Wake me up when it’s Jan. 20, and mebbe I’ll raise an eyebrow. Till then, i’m simply embarrassed for them all.
gummint by ouija board? blindfolds and 3-demented dartboards at 30 paces?
dog I’m tired, and I didn’t even stay up to carouse last night. zzzzzzzzzzzzz
“Seat the guy. It’s the law.”
Yes.
THAT should be the end of it, masaccio.
Shall we share a percentage of the ‘bets’ that it won’t be?
;~DW
C’mon girl. Have a virtual mimosa, count your blessings and imagine what good things can happen this year.
I know you can do it. :)
PS…I’ll throw in the last piece of See’s candy.
Here’s a coinkidinky… from Wikipedia.
For those less familiar with Illinois’ historic gubernatorial perp walk, Walker is yet another governor who did prison time after leaving office.
As the Bu$h ‘era’ grudginly winds down to its ‘end’, our nation finds itself materially and physically exhausted, but also morally and spiritually decimated, as well, Adie.
I am guessing you are not from Illinois or Chicago. Burris is just another guy. He was a comptroller and attorney general of Illinois. He didn’t necessarily distinguish himself in any way. I guess he is honest but that is because he is one of the few Illinois politicians that never got caught doing anything illegal.
I would suggest you read Eric Zorn in this morning’s Tribune.
I don’t even understand what the dilemma is for the Democrats. Why is it up to Harry Reid or the entire caucus to stand in judgment over the execution of the laws of Illinois? Suppose there is some controversy over the election in Minnesota, and the Secretary of State decides some issue and declares Coleman the winner. Does Harry Reid get to say “No, we disagree with the ruling, and we refuse to seat Coleman?” I didn’t think so. Why is this different?
Nice post Jane. It pretty much echoes my feelings on this entire mess.
Legally, I don’t see how we can avoid allowing Burris his seat, unless we want to continue the Bush/Cheney tradition of shitting on the law. Or if it turns out Burris is dirty, which might happen.
Of course, at this point in time, I’m almost happy whenever I see our weak-assed Majority Leader look like the gutless wonder he is. Can we shop around for a new one sometime soon?
Happy New Year to all.
Innocent until proven guilty in a court of LAW not public opinion.
This is exactly what’s the matter with unfettered wire tapping. Who among us would want to defend every conversation we’ve ever had.
Dear dear Jane. Where do you find such a treasure trove of happy pix of Harry?
Oh, and is it time to cue up a new one on the leeb? Wasn’t that taken when he was about 15 yrs old? Dog he must have been a charmer in junior high. woo hoo.
I would object to the “morally and spiritually decimated” description as unfair to the many individuals who have fought and continue to fight for justice in our nation.
no kidding! ooooogh.
you’re quite an optimist there, fella.
where’s cheney. is he in cuffs yet, and duct tape? then we’re still not there yet…
What about the precedent of Julian Bond? He was seated (I think citing Marbury v Madison and 1st amendment?)
And Adam Clayton Powell?
If Reid decides to block his seating (physically, with guards), aren’t the Capitol HIll police on the hook for obstructing 1st amendment? Only members of the Senate are immunized — wouldn’t Reid himself have to physically prevent Burris arriving to take his seat?
Because Cornyn might be mean to him:
http://www.cbsnews.com/stories…..2252.shtml
Cornyn has a point. They could’ve taken the power out of Blago’s hands to make the appointment, but they didn’t want to risk democratic elections.
Totally. Played.
Would that by any chance be the Sergent-at-Arms, who oversees the Capital police — who were never deployed to enforce congressional subpoenas when the Bush administration refused to comply?
So many powers at their disposal! Who knew?
Too bad Henry Kissenger’s Nobel Prize killed irony.
And a happy new year to all!!!
yes, the same Capital police who staged a scene when Cynthia McKinney tried to come to work one day, so as to help eliminate from Congress one of the few members who ripped the Bush administration with the passion that the subject so richly deserves.
“So many powers at their disposal! Who knew?”
Best one liner of 2009 (so far…)
In addition to being tainted by the Blagojevich stench, Burris’ reflexive charge of racism against those opposing his Senate appointment is not indicative of a mature and rational person. Jesse White, one of his chief opponents, is also African American.
Harry Reid is in this pickle because he is so Spineless everyone is taking advantage of him his threats are jokes.
We need a new Senate Leader.
Yeah, it’s pretty hard to beat the king.
This is tricky because you have overlapping powers and issues. Is this for example a political question (since there is no election and there is an impeachment inquiry) or a legal question (state vs Senate jurisdiction)? The courts can either weigh in (legal question) or stay out (political question). These decisions have yet to be made.
Amen to that, although given the nearly unanimous support for Traitor Joe, I don’t foresee them cutting Harry loose.
We are in a position analogous to that of a nation at the end of a long, destructive war. Not unlike Germany, after the ‘war to end all wars’, should we fail to honestly acknowlege our reality, and that includes the redeeming fact that many have stood against what has been done in their names, and consider, deeply the ‘implications’, and engage in discussion, an honest assessment of ‘blame’(and of punishment or ‘consequence’)and, together, deliberately and conscientiously seek a far better sense of our true purposes, as a society and a people, then we may expect to find ourselves in even worse circumstances before too long a time.
Then expect more of these episodes everyone wants something and in politics doormats get stepped on.
Agreed, Reid should step down. We need someone like Russ Feingold as leader. Somehow, I don’t think the Repugs would be walking all over Feingold.
Okay, I was here was I was watching the parade. I love to hear the bands.
It’s over, and I’m out…again Happy New Year everyone.
PS I hope everyone finds one thing to be happy about today.
I’ll grant that the U.S. has been on a bit of a skid the past eight years but throughout history, we’ve typically fallen well short of the ideals laid out at the time of it’s inception.
At least one thing, and, preferably several, that we may get into practice for tomorrow, demi.
What’s tomorrow? Or do you mean all the tomorrows, in general?
You acurately describe our past, will it be suffient to the future?
Perhaps we need to try a tad bit ‘harder’, this time?
Yes, all, demi …
;~DW
Yes, I think Harry Reid should say that Mr. Burris’ character and qualifications were never an issue, but he objected merely because any Blago selection would be questioned, however, he needs to scrape up a reason why the Senate’s ability to bar a legal appointment should not be tested at this time.
Thank you, David.
Blessings on all of us. And, all of our tomorrows.
;~)
democratic leadership? Senate leadership? Really? What will Reid do? If one blusters and threatens but never follows thru on those threats, then that person will be-rightly IMO-ignored by all. Reid anyone? Democratic leaders=herding cats.
Meanwhile, leave it to the long time members of the house, the old generation of civil rights leaders, to cry racism. While they all remained silent since 1994 when the repigs took over, now they cry racism. Interesting, no?
It’s all going to hinge on the certification.
The Republicans grumbled about Mary Landrieu’s close win in 1996, but since she had an ironclad certification at the state level, they couldn’t stop her from being seated. All they could do was embarrass themselves with a bogus “probe” of alleged naughtiness by her — a probe whose prime witness was a guy with a felony record as long as his arm, with a guilty plea to attempted murder to boot.
The Republicans are grumbling about Al Franken’s impending certification by the State of Minnesota as the winner of the 2008 Senatorial election in Minnesota, but once he’s been certified with an ironclad cert — as he will be — there’s nothing they can do about it except whine and try to do another bogus “probe”, which will have even less of a chance now than the one they did against Landrieu had in 1996.
Now, it’s looking like Illinois’ Secretary of State probably can’t keep Burris from being certified. But, by not signing the certification, he gives Harry Reid the possible opening needed to justify not seating Burris.
thank you. nice try.
i am disappointed by the human race (outside the boundaries of the Lake, of course). but then, that’s not all bad. i didn’t expect anything anyway. if you recall, i believed dear precious Molly Ivins, Lou Dubos, Ann Richards and Jim Hightower way back when. and before “meeting” them, i was an ethologist.
the mess in the ME, I was prepared for, albeit disappointed.
the disgusting mess among repubbles and quite a few dems in our own back yard is depressing and thoroughly discouraging. but i’ll be back. can’t stay down due to overdose of stubborn.
i don’t play poker, but i wouldn’t mind trying my hand against ole Harry Reid. gooddawgamighty!>!#%@*
As some kind soul put it last year:
Happy New Year Dammit!
YOU make me happy, Demi, and Jane and Christy and Egregious and Pach and ALL the pups.
Just don’t ever give up.
I’ll take a breather in the corner here for a bit, then struggle to catch up with the pack. On ye Puppies!
Illinois furniture store ad
How typical of the Dems to get involved in this farce when we have an new prez and all the problems we face in the world. Reid is a nothing – there’s just no other way to describe him. A zero and a whiner.
First laugh of my day – thanks.
In the House, the CBC (Congressional Black Caucus) was one of the few supporters of liberals/progressives when we tried to save the Fourth Amendment from Harry, Joe-Lie and the incumbent protection gang.
CBC was far less good on prop eight in CA.
I’m not saying Burris is the sharpest knife in the drawer. I just think he’ll be better for liberals/progressives than whomever Harry wants.
there’s not enough popcorn in the world……………..
just sayin’
can’t wait till the 5th!
New Eli upstairs.
if he had an ounce of pride left, ole Harry would take HIMSELF out of power.
He’s a waste of perfectly good space. Just watch!
Harry! Sit! Down! Stay! Roll over!
see? piece a cake. good fer nuthin. someone make sure he takes the xtra cards outta his sleeves before trying to heave hisself up and walk. They’re weighing him down somethin’ fierce. Even MitchMcChooChoo can see em.
Has Burris called for cash repayments to the descendants of the slaves? Europeans who were enslaved by Hitler are already getting judgements from European courts.
Given his constiuents in Chicago, my guess is that Burris is pretty moderate.
Would swear the sole difference between congressional leadership and that of the Boy Scouts, the Boy Scouts have adult leadership, congressional not so much, aged, yes, adult, sadly not.
Haryy Reid and Nancy Pelosi will be the biggest stumbling blocks to implementing Obama’s agenda. Both of these spineless Wimpocrats need to be challenged for their leadership positions.
Aren’t these slackers supposed to do things according to the law? And what would be the law which allows Reid to block Ill from sending a senator?
What is the reason that they are doing this… To make it seem that they are not part of some corrupt politcal machine? What is the real reason?
Definetely Reid is a creep. Anyone who would keep JLie in the party after his repeated kicks in the face is a asshole. But come on. Most of the senators are assholes or act like it a fair amlunt of the time. They have sucked up to W for 8 yrs.
Don’t seat Reid. Hey hey Ho ho Ried’s got to go!
Reid’s pathetic performances as minority/majority leader aside, I find it interesting that you think Burriss should be appointed but not Caroline Kennedy (for the record I don’t think she should be appointed either).
Buriss is an asswipe who accepted the appointment (entitlement) because he knew it was the only way he’d get in – we don’t need any more of those in the Senate than we have now.
I say challenge the validity of the appointment – I don’t think it’s clear from prior legal decisions cited that there is an applicable precedent but, then again, I’m not a lawyer.
But as always, the very big difference between Burris and Kennedy, is that Burris has been out in the arena, having twice been elected to state-wide office in Illinois and run and been defeated for other offices.
He may see this as his one chance (although I have seen reports that Rep Davis recommended Burris to Blago when he turned Blago down), but it is NOT parachuting into the political arena at the top without ever having done any of the work necessary previously.
I never said Burris should be appointed.
He was appointed.
If Caroline Kennedy was legally appointed and Reid et. al. tried to keep her out of the Senate just because they didn’t like her, I’d have to question whether they could do that, too.
If you ever want to know what the senate should do as a matter of good strategy and just plain good will, take whatever Harry Reid does and do the opposite.
More progressives both Blago and Burris are more progressive than most Dems in the senate.
Harry Reid’s Magic Underwear are biasing his judgement. Mormon show color preferences as well as anti gay which should take him out of the senate leadership.
Jane as usual your perception is clear and appreciated in these parts.
The strongest we can do is get new leadership.
The Democrats need to seat Burris and move on. If anyone asks about it say No Comment. If they ask again say No Comment. Eventually it will blow over. Like in less than 48 hours.
What should be done is apparently debatable and what is legal is apparently unclear. Keeping one’s mouth shut is sometimes best to give events time to play out a bit.
I stand corrected. I meant ’seated’ with regard to Burris but I also don’t think Reid et al are attempting to deny him because “they don’t like him” (as they announced they would not seat Blago’s appointment prior to any knowledge of who the candidate would be). The similarity would be in Kennedy’s and Burris’s sense of entitlement – hers with regard to name and his with regard to race – and his acceptance under the circumstances should call his character into question.
Please welcome to the U.S. Senate, the distinguished Senator from Illinois, Roland Burris. The distinguished Majority Leader, Senator Harry Reid from Nevada, the Independent Senator from Connecticut and Head of the Committee overseeing the Department of Homeland Security, Senator Joe Lieberman and the Sergeant At Arms will help you with your baggage…