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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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==If I were Burris, I would force myself in...==
He wouldn't make it.
== It's up to the Dem leadership to remove this legally appointed African American senator by arresting him?==
Nobody cares about legalities, rather the politics of it. The appointment process is not a legal process, rather a political one. Blago's offense is a political one and should be handled, in part, by a legitimate political machine.
== I don't believe they can remove a member for ANY reason.==
They can. They may also prevent the seating.
Posted by: Mr. Incredible | Jan 2, 2009 4:04:53 PM
EVERY THING YOU DO HAS A VERY GOOD REASON BEHIND IT,ILLINOIS GOVERNOR SHOULD STEP DOWN AND GIVE WAY TO A SMARTER PERSON TO TAKE OVER CHARGE.
Posted by: keith u.s.a. | Jan 2, 2009 4:10:31 PM
Has the quota system come to illonis politics now, is being black Burris main qulification, next thing there will be a quota system for all the US Senate, but who is going to determine which state can only have one white senator.
Posted by: ralph | Jan 2, 2009 4:16:27 PM
The senate really has nothing to gain by fighting this appointment. Their beef is with the governor, not the man he appointed for the position. The story will die down much faster if the Senate gives a little on this one and allows the appointment to stand - plus it better serves the people of Illinois to not interfere with allowing Burris to serve out this term.
Posted by: Mellie | Jan 2, 2009 4:17:44 PM
Any appointment made by Mr. Blagojevich will rightly be suspect as to whether it is one of corruption or to serve the people of Illinois. Mr. Burris risks being tainted himself by attempting to enter the senate on Blagojevich's questionable and seemingly corrupt integrity and dealings. Burris appears to condone a stance against the public good by his attempt to ignore the charges against Blagojevich and the outrage of the people of Illinois.
Posted by: giftedroot | Jan 2, 2009 4:22:10 PM
Blago is using Burris, Rush and the African American community to do his dirty work!!!!
He have injected RACISM to cover up his alleged crime, trying to sell a Senate seat!!!
Any appointment by Blago is tainted and should not be seated by the Senate!!!
Go Home Burris!!!
Posted by: sisterdearest09 | Jan 2, 2009 4:22:48 PM
==Their beef is with the governor, not the man he appointed for the position.==
The appointment is the fruit of a politically-diseased Blago plant.
== The story will die down much faster if the Senate gives a little on this one and allows the appointment to stand - plus it better serves the people of Illinois to not interfere with allowing Burris to serve out this term.==
Serve out "his" term???? He's been appointed, and the Senate has the political and, thus, constitutional, option of rejecting the appointment. It hope it does.
Posted by: Mr. Incredible | Jan 2, 2009 4:23:31 PM
Any appointment made by Mr. Blagojevich will rightly be suspect as to whether it is one of corruption or to serve the people of Illinois. Mr. Burris risks being tainted himself by attempting to enter the senate on Blagojevich's questionable and seemingly corrupt integrity and dealings. Burris appears to condone a stance against the public good by his attempt to ignore the charges against Blagojevich and the outrage of the people of Illinois.
Posted by: giftedroot | Jan 2, 2009 4:23:42 PM
==Kill them all and let GOD sort them out==
Ok, you go first.
Posted by: Mr. Incredible | Jan 2, 2009 4:25:54 PM
The general view around Chicago is that Burris is a mediocrity, but some people seem to think it might not matter much for a couple of years. To quote Chicago Tribune op-ed columnist Steve Chapman: "Most of the work of Congress is done in committee, and the Constitution doesn't say a senator is entitled to serve on committee -- in fact, it doesn't even mention committees. Once on Capitol Hill, Burris may have nothing to do but bask in his new title, show up for the ocacsional floor vote and cash his paycheck. For that job, come to think of it, Burris is perfect."
As for the legality of seating or not seating Burris, here's another discussion in Trib: "Kenneth Gross, an election law expert in Washington, said the Senate does not have the power to bar Burris. But, he concedes, 'I have to be skeptical of my own view when the U.S. Senate, the incoming president of the United States, a federal prosecutor, the governor's own executive branch, and the state legislature are all out to stop it,' Gross said. 'If neither side blinks, this could take a while.'"
We're riveted in Chicago.
Posted by: Eleonora27 | Jan 2, 2009 4:28:49 PM
==...is being black Burris main qulification [sic]...==
For those who fancy themselves as being "politically correct," yes.
Posted by: Mr. Incredible | Jan 2, 2009 4:29:26 PM
The senate really has nothing to gain by fighting this appointment. Their beef is with the governor, not the man he appointed for the position. The story will die down much faster if the Senate gives a little on this one and allows the appointment to stand - plus it better serves the people of Illinois to not interfere with allowing Burris to serve out this term.
Posted by: Mellie | Jan 2, 2009 4:31:21 PM
The senate really has nothing to gain by fighting this appointment. Their beef is with the governor, not the man he appointed for the position. The story will die down much faster if the Senate gives a little on this one and allows the appointment to stand - plus it better serves the people of Illinois to not interfere with allowing Burris to serve out this term.
Posted by: Mellie | Jan 2, 2009 4:31:47 PM
If you refuse to seat Burris in the Senate, does that mean everything/act Blago does until he gets convicted (either in impeachment or criminal) is null and void? We have laws and constitutional pricipals involved that must be followed and not thrown aside because of this peticular situation. Like it or not Mr. burris must be seated. He has not done any illegal act that would prevent his appointment.
Posted by: David | Jan 2, 2009 4:32:56 PM
It appears that everyone is forgetting the #1 rule of law: despite all evidence to the contrary, a person is innocent UNTIL proven guilty. If you want to impeach Burris after he's in, fine, but for now, there is nothing to prevent him from being seated other than distasteful opinions.
Let him in.
Posted by: Plain-o Bob | Jan 2, 2009 4:33:15 PM
==As for the legality of seating or not seating Burris, here's another discussion in Trib: "Kenneth Gross, an election law expert in Washington, said the Senate does not have the power to bar Burris. ==
Read Article III, Section 5.
Posted by: Mr. Incredible | Jan 2, 2009 4:33:58 PM
That should be Article I, Section 5.
Posted by: Mr. Incredible | Jan 2, 2009 4:34:27 PM
"This is none of Obama's business. He has no authority in this matter."
Au contraire, until January he is a sworn, sitting United States Senator from Illinois and *all* senate business falls within his purview. This includes potential "future" business of the U.S. Senate.
Posted by: Thulsa_Doom | Jan 2, 2009 4:37:54 PM
==It appears that everyone is forgetting the #1 rule of law: despite all evidence to the contrary, a person is innocent UNTIL proven [sic] guilty.==
Irrelevant.
Blago's criminal guilt is a matter for law.
His political "guilt" is up to the Illinois legislature.
Whether the Senate lets the fruit of political coruption into the Senate is up to the Senate.
==If you want to impeach Burris after he's in, fine, but for now, there is nothing to prevent him from being seated other than distasteful opinions.==
Article I, Section 5.
==Let him in.==
No.
Posted by: Mr. Incredible | Jan 2, 2009 4:38:27 PM
Since only the Republicans want Burris to be seated, Burris should change his party affiliation to Republican. Republicans want him to be seated. They can have him.
Posted by: tony | Jan 2, 2009 4:39:45 PM
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