Posted on 12/30/2008 11:49:22 AM PST by BAW
U.S. Senate Majority Leader Harry Reid (D-Nevada) said in a statement this afternoon that the Senate will not seat anyone Gov. Rod Blagojevich chooses to fill Illinois' vacant Senate post, amid word that the governor is set to name former Illinois Attorney General Roland Burris.
The statement also is signed by U.S. Sen. Dick Durbin of Illinois, who has repeatedly urged Blagojevich not to name a replacement for the seat vacated by President-elect Barack Obama. The statement specifically names Burris, but applies to any choice the governor might make.
"This is not about Mr. Burris; it is about the integrity of a governor accused of attempting to sell this United States Senate seat," the statement read. "Anyone appointed by Gov. Blagojevich cannot be an effective representative of the people of Illinois and, as we have said, will not be seated by the Democratic Caucus."
The decision was made during a 10-minute conference call that included Reid, Durbin and Sen. Robert Menendez (D-N.J.), as well as representatives of Sen. Chuck Schumer (D-N.Y.). There was little discussion and no dissent in reaching the position, said a Senate aide.
"The goal was to get this statement out before Blagojevich made his announcement," the Senate source said.
Blagojevich, who has sole authority to name a replacement senator, scheduled a 2 p.m. news conference at his downtown Chicago office.
Burris left his downtown consulting office about 1:15 p.m., getting congratulatory hugs from several employees. But Burris refused comment when asked whether he was going to accept the appointment after word that Senate Democratic leadership would not seat him.
Shortly after Obama's Nov. 4 victory, Burris made known his interest in an appointment to the Senate but was never seriously considered, according to Blagojevich insiders. But in the days following Blagojevich's arrest, and despite questions over the taint of a Senate appointment, Burris stepped up his efforts to win the governor's support.
Though he is 71, Burris has said that Obama's replacement should be able to win re-election and he has noted that despite a string of primary losses in races ranging from Chicago mayor to governor and U.S. senator, he's never lost to a Republican.
Blagojevich's criminal defense attorney Ed Genson had said Blagojevich would not name a Senate successor to Obama. The governor had indicated he agreed with other Illinois politicians that the best option might be a special election to fill Obama's seat. But state lawmakers have not taken up the necessary legislation.
Burris has given more than $20,000 to Blagojevich's campaign fund on his own and through his consulting and law firms, state campaign finance records show. Burris' consulting company received about $290,000 in state contracts with the Illinois Department of Transportation a few years ago, according to state comptroller records.
U.S. Senate Majority Leader Harry Reid of Nevada previously warned Blagojevich, following the governor's Dec. 9 arrest, that Senate Democrats would not seat any appointment the two-term Democratic governor made. Reid's warning was contained in a letter signed by all 50 sitting Democratic senators, including the No. 2 Democrat in Senate leadership, Sen. Dick Durbin of Illinois.
Federal authorities, citing secret wiretap recordings, allege Blagojevich sought a Cabinet position, an ambassadorship or a high-paying job from the incoming Obama administration in exchange for naming a candidate favored by the president-elect to the vacancy. An internal report by the Obama transition team found no offers of any quid pro quo in conversations held by incoming White House chief of staff Rahm Emanuel and Blagojevich and the governor's staff regarding the seat.
Burris became the first African-American to win statewide office in 1978, when he won the first of his three terms as comptroller. But Burris repeatedly stalled in his quest for bigger political office. He failed in three consecutive runs for governor--1994, 1998 and 2002, when he ran against Blagojevich--in the Democratic primaries.
Burris, an attorney in private practice, could not be reached for comment at his home today.
A special state House committee is weighing whether to recommend impeaching Blagojevich, and a leading member of the panel today called the news "incredibly ill-advised."
Rep. Lou Lang (D-Skokie) said he believed his colleagues on the panel "will take the position that the timing is so wrong as to put a cloud over the appointment."
"It certainly wouldn't be a legal cloud," Lang said. "It would be more of a political cloud."
Rep. Jim Durkin, the Republican spokesman on the impeachment panel, said he is drafting a letter to Burris calling for him to reject the appointment.
"I think the governor can do what he wants, but I think that Roland Burris should not accept it," Durkin said. "He left government under a good standing, and this is not a way to re-enter it. If he does accept it, I will take any means necessary to have him testify before the special (impeachment) committee."
Durkin, citing the federal probe into Blagojevich's alleged attempt to sell the Senate seat, said the matter is at the heart of the impeachment investigation and the federal criminal charges against the governor. Durkin said he wants to know when Burris talked to the governor or any of his aides about the Senate appointment, what was discussed and what, if any, material was submitted.
"If he does accept this," Durkin said, "I want to know the circumstances on which his name rose to the top in the last 24 hours."
Durkin said he knew of nothing that Burris had done improper, noting "he's a good and decent man."
Reid won’t have the final say, the Supreme Court will.
I also think if the RATs in D.C. try to refuse to seat him, he can go to court and cite the Adam Clayton Powell case as a precedent showing the Congress cannot refuse to seat a duly choosen member for reasons other than constiutional requirements (at least 30 years of age, a U.S. citizen, and a resident of Illinois, all of whom Burris clearly can prove). At which point the Dems could either refuse to let him sit in their caucus (forcing him to caucus with the GOP), or they'd have to make a motion to expel him from the Senate by 2/3rds vote. Go ahead Dems, go on record expelling the charismatic legendary "elder statesmen" of the Illinois Dems that broke the color barrier in Obama's home state back 30 years ago. Go ahead and try it. I dare ya.
Since he's 71 and has lost the last four elections he's run in, every indication would seem to be this is a seat warmer appointment, but given Burris' good health (unlike Jesse White, not senile) and huge ego, it seems like he's drooling at the thought of running for re-election as an incumbent in 2010. Heh heh heh.
Mike Madigan is probably tearing his hair out now for calling Blago's bluff and not stripping the Governor of his appointment power two weeks ago.
I'm loving every minute of this.
“Article 1, Sections 9 and 10.”
Section 5 lets Congress sets the rule but the above citation prohibits a bill against an individual or ex post facto. SCOTUS would rule against the Congress.
Unless this appointment violates a standing law it would probably be argued that the resolution to bar him would be an unconstitutional bill of attainder. The Congress cannot make one off laws. If I was not feeling ill I would get you the case law.
Now if Congress had a rule on the books that said a governor with a standing but un-adjudicated criminal complaint cannot appoint a Senatorial replacement that is otherwise consistent with law then, maybe.
“The senate is the final judge as to who may be seated. If there are any irregularities they can refuse to seat.
The House of Representatives did this with an elected member back in the 70s. They just voted not to seat him.”
First sentence is wrong. And the second sentence is pointless, the rejected dude went to court and WON!!!
I thought the same thing. He looked like Richard Pryor who had MS. Of course Pryor was very funny. And Rush was a radical.
Richard Pryor for U.S. Senator from Illinois. He's tanned, rested, and ready !
(Of course, his being dead means he also covers the singlemost important voting bloc in Illinois !)
Karl Rove on Fox news now!
Blago is doing what Dems do when under hot water. Hide behind blacks. The Burris selection will cause blacks to rally behind Blago at his impeachment hearings. With black politicans defending Blago, Madigan would not dare remove him.
That's the going rumor, though his office hasn't disclosed what happened and just says he's "recovering" from "health problems". He never actually campaigns for re-election and especially not in the white suburbs, but he's always "gone thur the motions" of re-election in the past and done campaign ads and taxpayer funded "newsletters" through franking. He was completely AWOL this November election season though.
My guess would be major stroke. That also might explain why he flip back and forth between a "yes" vote and "no" vote on the bailout about half a dozen times before finally settling on "no" and then voting "yes" on the sweetened version.
This is the first time I've seen him speak in over a year, and he looks and sounds terrible. I don't think he's operating with a full deck.
Ironic. 8 years ago, South side blacks derided Obama for being the “white”. Now South side blacks regard Obama as a god to be worshipped.
Some discussion on the issue...
Can The Senate Really Refuse To Seat Blago's Appointment?
Can U.S. Senate Refuse to Seat Burris?
Here’s Illinois Secretary of State Jesse White saying he won’t sign Blago’s Senate appointment proclaimation. Jesse sounds pretty feeble and elderly as well. How dare he oppose the only black person who would serve in the Senate! He must be racist! heh heh. ;-)
http://www.chicagobreakingnews.com/2008/12/blagojevich-to-name-burris-to-senate.html
Perfect for the BC debate.
But Rush won that race, defeating Obama handily.
Imagine what happens if Burris then says "I ain't goin' no place---arrest me!" LOL!!
Check , Blago. Your move Harry.
“the people of Illinois are entitled to a functioning government and major decisions free of taint and controversy”
Make no mistake. The national exposure of how the Illinois Democrat Party works will taint the national Democrat Party in ways conservatives have hoped for forever.
In other words, Illinois is showing everyone how the DNC works nationwide, without the national MSM covering for them.
It’s a goooood thing.
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