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What to Do With Roland Burris
January 02, 2009 2:31 PM
ABC News' Z. Byron Wolf Reports: The one thing for sure is that Roland Burris, the former Illinois Attorney General appointed under a could by Illinois Governor Rod Blagojevich, has every intention of showing up for work on Tuesday to be sworn into the U.S. Senate to finish Barack Obama's Senate term.
That is all that is sure.
The Senate Democrats will likely "take this appointment and throw it for an investigation into the Senate Rules Committee, hoping that ... will take some time. And by the time it plays itself out, the Illinois state legislature will have impeached Blagojevich, and a new appointee comes in," ABC News Chief Washington Correspondent George Stephanopoulos said on "Good Morning America" Friday.
Senate Majority Leader Harry Reid and the Majority Whip, Sen. Dick Durbin, who would also be Burris' senior Senator, have pledged not to seat him. Legal experts question their authority to lock Burris out.
It is unclear if Burris will even be able to get onto the Senate floor to plead his case.
In one long shot scenario being considered, Blagojevich could escort Burris onto the Senate floor for a parliamentary standoff.
Under the section on "Contested Seats" in the "Floor Privileges" Chapter of the Senate rulebook, "Riddick's Senate Procedure," the rules say:
"Ex-Senators and Senators-elect are admitted to the floor under specific stipulations of the rule, and in practice numerous contestants have been granted floor privileges and the right to address the Senate in support of their claim to a seat."
But Burris is neither an ex-Senator nor a Senator-elect. But one person the Senators cannot bar from the Senate floor is Rod Blagojevich. Whether indicted, convicted, or simply under a cloud, the rules do state that "Governors of States and Territories" have floor privileges. Don't forget that Sen. Ted Stevens, even though he was convicted in federal court of 7 counts of failing to declare gifts, is still a sitting Senator until the 110th Congress ends Saturday.
And staffs and Senators will be considering what to do with Burris all weekend until they meet and set a specific strategy before Tuesday. Senators are supposed to be sworn in in batches of four starting at high noon.
Senate leaders opposed to allowing Blagojevich the luxury of appointing Burris had been banking on rejecting Burris' credential, which Senate rules say must have the signature of both the sitting Governor and the sitting Illinois Secretary of State. But does not appear this is a binding law, but rather a Senate rule.
What is also unclear is what Burris can do on Tuesday if Democrats do in fact keep him from the Senate chamber. He could march down Pennsylvania Avenue to the same federal courthouse where Stevens was tried and file suit in federal court. But the courts move even slower than the Senate and its unclear how long it would take the courts to determine if Senators were acting appropriate, barring a member not because of his qualifications, but because of the qualifications of his appointer.
If the state lawmakers vote to impeach Blagojevich, Illinois Lt. Governor Pat Quinn could make his own appointment.
That would not automatically nullify Burris' appointment, but it would give the Senate the ability to seat the new appointee instead and, at that point, Burris would have to gauge whether a protracted court fight would be worth the trouble.
Barack Obama has said he doesn't believe Burris should be seated. "The President-elect agrees with Senate Democrats who say that this whole process is corrupt," Stephanopoulos said.
January 2, 2009 | Permalink | Share | User Comments (189)
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This guy choose to get into this mess on his own. Another person was choosen, but refused it from this Governor, but this guy choose to take it. Mr. Burris to me has choosen his own fate if he gets it for now. He will lose it in 2010. This has nothing to do with his qualifications. I think he's a fine pick, but by this Governor NO. This Governor needs to leave now. The people of Illinois desire a voice in this new Senate. I hope this can be resolve with a little less drama.
Posted by: S. Zachary | Jan 2, 2009 2:51:28 PM
---If the state lawmakers vote to impeach Blagojevich, Illinois Lt. Governor Pat Quinn could make his own appointment.---
That's including the State Senate though, and they have to give Blago the opportunity to wage a defense first.
This Madigan guy's kind of self-absorbed control-freak isn't he? This 'plan' he and Harry Reid have hatched up seems to have missed some social cues, like the fact that Blago's interest will be to delay both his impeachment trial and his regular trial (the criminal one) for as long as he can. And he can.
So what's really changed? Nothing . . .
Posted by: SamTheTVCat | Jan 2, 2009 2:55:17 PM
Seat Roland Burris! He is better qualified than most of the people in the Senate/Congress and more qualified than PEBO! :(
Besides the air is getting very foul with all the stirring of the Chicago political cesspool!
And another thing, what is the difference between what Blago supposedly said and Caroline K S trying to sell the tainted, dynastic Kennedy name for a Senate seat?
But there is good news! PEBO will get a belated vetting as Chicago political pollution continues to foul the air! :)
And we the people will once again insist on representation with an authentic moral core!
We will say enough to the greedy, cheating, prevaricating, and manipulating obfuscators that have hijacked power for personal gain. :(
Posted by: aware2u | Jan 2, 2009 3:01:21 PM
Black people It's time to standup for what is right. If Burris is allowed to be Appointed. The taint and stench will be unbeariable. If he was a white person there would be an outcry, by us, so why should we as black people allow ourself to be used.I seem to remember during W's 1st election, we had Dem.s in our neighborhood,telling us they were going give us the world. After they lost, they voted for all of Bush's social programs. DON'T BE FOOLED, by a hustler who's trying to save his own A**
Posted by: timl wash | Jan 2, 2009 3:09:23 PM
The Illinois Legislature blew it when they didn't change the law mandating a special election to fill the Senate seat when they had the chance. The governor can and did appoint a replacement for Obama in the Senate. The Dems brought this on themselves and they can continue the drama...or accept Burris and move on.
Posted by: Kathy Corey | Jan 2, 2009 3:11:14 PM
Harry needs to eat his crow and seat this guy.
Posted by: rightbehind | Jan 2, 2009 3:11:51 PM
What "legal experts" are you dumbasses at ABC using? The Constitution is CLEAR. Either House of Congress may refuse to seat a member for ANY reason. There is NO appeal to any court. Period. You all just wnat to create arguments and confusion.
Posted by: Ellis Copleland | Jan 2, 2009 3:23:24 PM
Blago has not been convicted,impeached or even charged. They only have allegations so I don't understand the problem. The media has told us he is guilty. Who hear has heard these tapes? We are going by hearsay until they charge him. I say the Dems need to let Burris in on Tuesday and stop acting like a bunch of spoiled brats. Burris has not done anything wrong and it's obvious Fitzgerald is confused on what to do that's why he has asked for a 3month extension. The Dems need to remember innocent until proven guilty and no one has been proven guilty here. They need to follow the law and not their personal feelings about Blago.
Posted by: sheaminor | Jan 2, 2009 3:29:53 PM
The honorable thing for Burris to do would be to withdraw, pending resolution of the governor's situation. Even if he's seated, does he really want the job under this cloud of illegitimacy? Meanwhile, he is taking Obama and the Dems off message in the critical days leading up to the inauguration. Burris should step aside, at least for now.
Posted by: hopesprings52 | Jan 2, 2009 3:29:55 PM
This is none of Obama's business. He has no authority in this matter. Why do you keep citing Obama's comments on this? Isn't Obama's interference illegal?
Posted by: tina | Jan 2, 2009 3:31:25 PM
Harrry Reid, I respect you. But this is a losing case. Blago is too smart for most of you. Just let go. And, what Blago did is really not criminal, hard to swallow as the aftermath of Call for Change, but not criminal.
Posted by: capsized | Jan 2, 2009 3:33:13 PM
it is a sad state of affairs when this country is supposed to be a free country that a governor which is under investigation can appoint a senator and there is not anything that can be done about it. WHAT IN THE WORLD IS HAPPENING TO OUR FREEDOM??????
Posted by: eiizabethsassy | Jan 2, 2009 3:35:20 PM
If I were Burris, I would force myself in regardless and see how things evolves. It's up to the Dem leadership to remove this legally appointed African American senator by arresting him? I don't believe they can remove a member for ANY reason. Otherwise, the Republican members would have been all removed by now.
Posted by: exrepub | Jan 2, 2009 3:43:58 PM
The Illinois state legislature was/is awfully worried that if free and fair elections are held for a replacement senator, the democratic party will lose the game and a republican candidate could win. Hence, they blocked the proposition for election. If the governor under indictment (actually such indictment has not yet taken place and will not take place unless the court agrees for the delay)now had consulted with Obama and/or with other senate leaders before selecting a replacement, then it would have been fine with them, but the governor would not care to lick their boots. Hence, the problem for them with Mr. Burris.
The whole drama stinks and does not augur well for the seekers of "change" and "transparency" and "accountability".
Posted by: narumanchi | Jan 2, 2009 3:45:32 PM
The French and the Chinese had a great idea of what to do to all politicians every 20 years. HANG THEM OR BEHEAD THEM.
Posted by: pug | Jan 2, 2009 3:48:33 PM
Barack Obama has said he doesn't believe Burris should be seated. "The President-elect agrees with Senate Democrats who say that this whole process is corrupt," Stephanopoulos said.
----------------------------
Well he outa know !!!
Posted by: hpboston | Jan 2, 2009 3:49:07 PM
When one reviews the political headlines of the past six months, it is obvious that America has sunk to new depths of corruption and political degradation. Political scientists used to laugh at the machinations of the "spoils system" of the late 19th Century. One president was assassinated by a “disappointed office-seeker”. Politicians in Eastern Europe are mused by the reports of American political decline after years of self-righteous American scorn of “corrupt foreign governments”. We rival the governments of Robert Mugabe, Idi Amin and Pol Pot in our projection to the world of the “low life politico”. Once again in the words of Pogo, “We have met the enemy and they are us.”
Posted by: Robert R. Reisig-Franotovic | Jan 2, 2009 3:54:29 PM
Kill them all and let GOD sort them out
Posted by: dee dee doo | Jan 2, 2009 3:57:47 PM
==Blago has not been convicted,impeached or even charged. They only have allegations so I don't understand the problem. ==
Politics is a performing art. So, the appearance of wrongdoing is enough to deny him a politicial performance, which appointing is.
Posted by: Mr. Incredible | Jan 2, 2009 4:00:47 PM
Seeing the trolls on this board reminds me of this article I came across. A funny and insightful read on trolls.
Posted by: Trolls and the Broken Window Theory | Jan 2, 2009 4:04:07 PM
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