The Coming Roland Burris Showdown

Roland Burris has vowed to show up in Washington, DC on Tuesday to get sworn in as the next junior Senator from Illinois. Illinois Secretary of State Jesse White in the meantime has refused to certify Blagojevich's appointment, an action which may or may not be legally binding (bmaz at FDL writes "there is no legal basis whatsoever for SoS White's conduct in this regard.") In response, Burris has filed suit with the IL Supreme Court to compel White to certify the appointment. But if an uncertified Burris does show up on Tuesday, there could potentially be a surreal showdown of sorts.

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.

Democratic leaders hope to avert such a standoff. And Burris, in an interview yesterday with the Chicago Tribune, said he hoped to claim the Senate seat without added drama.

"We're not going to create a scene in Washington," Burris said. "We hope it's negotiated out prior to my going to Washington."

Still, the Senate leaders' planning, detailed by a Democratic official briefed on their deliberations, even covers scenarios such as Blagojevich appearing in person to escort Burris.

Jane does a great job of crystallizing this bizarre situation in which Harry Reid appears more willing to use Senate tools at his disposal to block Burris than he ever was to block anything the right wing threw his way:

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.

And about those armed Senate police who may be deployed to block Burris from the floor:

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?

As for what we can expect to happen vis a vis the Burris appointment moving forward The Washington Post lays out the four most likely scenarios:

  • 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.

No doubt, Blago is laughing his ass off right now. What a freakin embarrassing circus.

Tags: IL-Sen, Rod Blagojevich, roland burris (all tags)

Comments

26 Comments

Surreal is right

Personally, I think Burris is committing political suicide here, and, my great fear is, he is going to have jack-asses like Bobby Rush make this some race issue.

FORCING the Senate to swear him in, then what?

Bygones be Bygones? Everything is hunk-dory?

I guess if it is your only shot, but he has to know he is making some very powerful people angry by being the arrow that Blago is shooting at the Democratic party.

Right now, Burris is probably THE most popular Democrat in Republican circles.

It's never a good idea to burn your bridges while you are standing on them.

by WashStateBlue 2009-01-01 01:34PM | 0 recs
Re: Surreal is right

Burris is 71 and lately a multi-time electoral loser. He either gets the seat now, this way, or not at all. He'd never have been appointed under any other circumstances. So I guess he's old enough and stubborn enough to not care what anyone else thinks as this is his only chance at getting to the senate and he has no political future to worry about ruining anymore.

by Quinton 2009-01-01 03:47PM | 0 recs
Re: Surreal is right

Yeah, he's probably terrified that he might get the Joe Lieberman treatment.

by Steve M 2009-01-01 05:00PM | 0 recs
It's not Burris who's suiciding here

This here appointment is Burris's one and only chance to ever sit in the US Senate.

Reid is hurting everyone but Burris here by picking a fight over him. A Democrat would have seated him provisionally and immediately gained his loyalty on key votes.  Reid is about to cause a Constitutional crisis and taint the ethics of the Senate in order to avoid seating his fellow Democrat. Where was this will to fight when Bush was nominating unqualified hanging judges to lifetime positions on the Federal bench?

by admiralnaismith 2009-01-01 05:13PM | 0 recs
Re: Surreal is right

I don't think he cares about potential "political suicide".  He wants to be a U.S. Senator before he dies, even if it's only for a two year appointed term, even if it means he's going in as a bit of a laughing stock, even if it means he knows he's going to get primaried out of the job in 2010.

I think he's smart enough to know that he's only going to be a 1/3 term wonder (if even that), and I don't think he cares.

I'm not sure what will happen in the end.  I'll say this much... he's not going to be seated next Tuesday, or anytime in the immediate near future.  Perhaps a month or a few months down the road, if Reid stands down or Burris gets his day in court.

I think all he really cares about is getting to say that for at least one day that he was a U.S. Senator to put on that hideous granite resume that will hold his rotting corpse one day.

Tuesday may provide the single most interesting hour of programming in C-SPAN's entire history.

by Obamaphile 2009-01-02 04:32AM | 0 recs
The reason Blagojevich made this appointment

He may have had other reasons for the appointment, but the third and fourth possibilities listed, a Senate investigation and court cases arising form the appointment, are more likely to have provided the decisive reason for Blagojevich's action.  The more this whole matter is investigated, litigated and generally aired in other forums, the greater likelihood that evidence the prosecutor could otherwise use to convict Blagojevich will end up excluded, or witnesses will be rendered uncooperative because they have already been given immunity by these other forums.  It's how many of the guilty in Iran-Contra got off.

by gtomkins 2009-01-01 02:15PM | 0 recs
Re: The Coming Roland Burris Showdown

I think that making a circus of it only helps the Republicans.  I don't think there's any constitutional basis for denying Burris the seat, regardless of whether he's a good or bad choice.  I don't think we would want a precedent that the Senate could exclude someone based on desirabity; wouldn't Wayne Morse and other opponents of the Vietnam war (ipso facto "traitors") have been excluded under a vague precedent like this? I think that Burris too egotistical to just back down, so the only possibility would be a special election (but don't forget to include a partisan primary!).

by tyva 2009-01-01 02:16PM | 0 recs
Re: The Coming Roland Burris Showdown

As one of the three equal branches of government, the Senate probably has a lot more latitude in determining who becomes a member than some of the posters believe. The courts probably will not make rulings that appear to force the Senate to do something it does not want to do. The State of Illinois has a stake in preventing a highly unpopular and likely corrupt governor from thwarting its will.  These considerations are just as important as the arguments which purport to demonstrate Burris' "legal" claim to a Senate seat.  

by undoctored 2009-01-02 09:14AM | 0 recs
disaster

and I'm sure Bobby Rush is also laughing at how he'll be able to put Obama in a terrible position.

by desmoinesdem 2009-01-01 02:59PM | 0 recs
Harry Reid

It's amazing that Harry Reid only finds his balls when he's dealing with other Democrats.  

After years of rolling over for Joementum and the Bush Administration's every beck and call, I had forgotten about his spine.

by ArtVanDelay1774 2009-01-01 03:16PM | 0 recs
Re: The Coming Roland Burris Showdown

But I bet useless harry backs right down every single time McConnell uses the "F" word.

by scytherius 2009-01-01 03:16PM | 0 recs
On another note....

What the Hell is taking Gov. Peterson so long to make the NY Senate appointment?

by nzubechukwu 2009-01-01 03:56PM | 0 recs
Re: On another note....

Hillary Clinton is still a U.S. Senator, and will be until at least January 20th.

Barack Obama is not.  He resigned less than 2 weeks after the election.

Biden and Salazar are both still sitting U.S. Senators as well, for that matter.

For all we know, Paterson already has his pick and is just keeping his lips sealed until Hillary resigns.

by Obamaphile 2009-01-02 04:37AM | 0 recs
Re: The Coming Roland Burris Showdown

I didn't vote for Jesse White last time because of the sad way the DMV was being run. But if he sticks to his guns now, he's got my vote next time.

by antiHyde 2009-01-01 04:33PM | 0 recs
Re: The Coming Roland Burris Showdown

Hope Burris gets a strong primary opponent in 2010, else it's hello to Mark Kirk.

by esconded 2009-01-01 04:40PM | 0 recs
Re: The Coming Roland Burris Showdown

This story angers me for a number of reasons.  First, it sounds as if Burris sought the death penalty for an innocent person while running for the governorship, and so I don't think he should be appointed.  On the other hand, I see no legal basis for Senate Dems to block his appointment and I'm amazed that Reid decided to make a circus out of this, of all issues, at a time when there are so many other pressing problems.  I'm very disappointed by Reid and company.

by rfahey22 2009-01-01 04:58PM | 0 recs
I'm almost willing to forgive Blago


He threw the Democrats a lifeline to get their badly needed 59th Senator, in an inoffensive elderly AA man who probably will lose the next primary and become moot, but not before doing some good. He'd be loyal on some very crucial votes.

Too bad Harry Reid only finds the willpower to fight to the death when it's against party interests. With Democrats like him, who needs Republicans?

by admiralnaismith 2009-01-01 05:09PM | 0 recs
Re: The Coming Roland Burris Showdown

Is there really a need to point out why Reid could not have blocked Bush's SC appointments or the other pre-2007 actions listed in this post?

Good to see that only weeks after an historic Democratic victory, we're still in top form when it comes to eating our own.

Good to see that all those folks upthread who are so eager to get Roland Burris seated just to show up Reid weren't the ones plotting strategy when Social Security was on the chopping block.

by desmoulins 2009-01-01 06:47PM | 0 recs
Re: The Coming Roland Burris Showdown

As far as Blago and this Senate seat is concerned, if you want to blame someone, don't blame Blago, or Roland Burris, or Bobby Rush.

Blame Speaker of the Illinois House and Chairman of the Illinois Democratic Party MICHAEL MADIGAN.

Who MORE than had the authority to pass legislation to ok a Special Election. In that time between Blago's arrest, and when he got his bearings by hiring R.Kelly's lawyer, he could have rammed legislation about a Special Election through. Don't let ANYONE lie to you that he couldn't. He runs that place with an iron first. I don't call him Massa Michael Madigan for nothing.

But, he didn't. He thought he was slick. He thought that he had taken away all of Blago's weapons. He forgot that Blago was from the street, and had no shame. So Blago kept ahold of his last grenade and threw it.

************

Either we are a country of laws again or we are not.

Here are the FACTS.

Blago is the Governor. He's not the impeached Governor. He's not the convicted Governor. He's not even the indicted Governor. He's still the Governor.

Blago has the power to appoint the Senator.

Burris IS qualified. He's more than qualified for the position.

They could all back Burris, who has been a loyal Democrat, telling him that they will remain neutral in 2010. That means he'd have to do everything on his own, and that means he wouldn't be in any position in 2010 for any possible win.

The time for a special election is OVER. Madigan had the chance to make it happen and it didn't. We're not going to have a special election, because if Blago decided to challenge it, which NOW he would, they'd lose, because, ACCORDING TO THE ILLINOIS CONSTITUTION, BLAGO WAS WITHIN HIS RIGHTS AS GOVERNOR.

The next election for that Senate Seat will be the Democratic and Republican Primaries of 2010.

once Blago did NOT resign immediately (which I never thought he would), I knew we were in for a drama.

a caretaker is what takes this away from being a NATIONAL story (and hurting Obama) to it being a LOCAL story (which doesn't hurt him as much).

I'm going to remind folks.

Patrick Fitzgerald just asked for a 90-day extension to the deadline for his indictment.

90 Days.

It's not being reported in the national media, but the folks that the folks in Springfield were depending upon to testify at that Impeachment Proceedings..well, they're not all that excited about testifying, because if it's between pissing the Illinois House off and pissing off Patrick Fitzgerald, they're choosing to dis the Illinois House.

These impeachment proceedings are not going to be the slam dunk that people outside of Illinois seem to believe that they will be. It's beginning to look as the phrase goes ` - not even close'. Without that indictment from Fitzgerald, the Illinois House doesn't really have things to hang on Blago. They have the same things they've disliked about him before. BUt, that wasn't good enough to impeach him with 6 months ago. So, what has changed. An arrest without indictment doesn't give them the meat for the impeachment.

by rikyrah 2009-01-01 07:00PM | 0 recs
Re: The Coming Roland Burris Showdown

You're absolutely correct.  This case is going nowhere, as is clear from the 90 day extension request.  This prosecutor should be fired...his only job was to prepare a case, not exercise prior restraint on Blago.

Senate's now playing chicken with a duly appointed and apparently qualified Senator...and of course they will lose this showdown.

by regor60 2009-01-02 04:49AM | 0 recs
Re: The Coming Roland Burris Showdown

I hope Burris stands his ground and takes it to the Supreme Court. Where he will WIN.

Doesn't Harry Reid have lawyers. There is one case of precedence. Ironically, with ANOTHER African-American - Adam Clayton Powell.

Maybe someone can tell Reid how THAT turned out for the House in 1969.

by rikyrah 2009-01-01 07:02PM | 0 recs
Re: The Coming Roland Burris Showdown

Burris would ultimately win if it went to SCOTUS, but if Reid forces it that far, it's possible that Burris could get left with a 3 month term.

Powell did ultimately win his legal challenge to get seated... 2 years after Congress refused to seat him.

Getting this in front of SCOTUS could take several months.

I don't think Reid ultimately has the constitutional ability to block Burris out of the Senate forever.  It doesn't exactly have the same level of constitutional urgency of Bush v. Gore, for example.  Though not preferable, the country can function for fairly long periods of time with fewer than 100 U.S. Senators.

Reid can put up roadblocks which could keep Burris out for many, many months, perhaps all of 2009 and well into 2010.

by Obamaphile 2009-01-02 04:46AM | 0 recs
Re: The Coming Roland Burris Showdown

A primary motivation for Blagojevich's appointment is his criminal trial.  Blagojevich is helped in his coming criminal trial in two ways: Burris' appointment allows him to argue that he didn't sell the seat, he appointed the best man for the job and it helps him argue to African American jurors that they're after him for his politics.   Harry Reid will fight for what he believes in if the Republican party and Washington Post promise to support him.

by darrow 2009-01-02 02:01AM | 0 recs
Re: The Coming Roland Burris Showdown

what criminal trial ?  There's not going to be one, get real !

by regor60 2009-01-02 04:50AM | 0 recs
I'm not happy

about the Burris appointment. But Harry needs to suck it up on this one. It's a circus to good end, and Burris would be gone soon anyway.

Blago: 1
Sane Democracy: 0

by Neef 2009-01-02 03:19AM | 0 recs
Democratic Senators sure know how to priortize!

You know, the only thing Democratic Senators need to do is offer their verbal opposition. Let them condemn the nomination if they want. I have no problem with that as that is the right thing to do. However, I do not see Burris taking advantage of the situation as any more immoral than Lieberman who instead of being content with his status as an independent senator wanted to thumb his nose at the primary process and get recognized as a defactor democrat by his friends in crime such as Reid, Salazar, Landrieu, and Dodd by using political blackmail that he will base his senate votes on political expediency..

THere is absolutely no need to waste a single second opposing this Burris appointment  in real terms. There are bigger fights such as the AL FRANKEN  election. Right now, the Democrats should be spending as much time making sure Franken gets elected. The GOP are going to fight his election. So instead of raising fundraisers for Clinton's campaign debt, how about our leaders actually banding together to fund Franken's long tough fight to get his possible lead ratified?

by Pravin 2009-01-02 03:59PM | 0 recs

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