Settling Burris: Strategy or high drama?

Posted: Friday, January 02, 2009 5:36 PM by Carrie Dann

From NBC's Ken Strickland
Senate Democrats are gaming out scenarios to address the Roland Burris controversy with the least amount of drama or "school house doors" variety of theatrics. According to a senior Democratic aide and other sources knowledgeable about the complex Senate rules, the linchpin to their efforts centers on Burris not having the right credentials to be seated as a US Senator -- in other words, incomplete paperwork.

Under Senate rules, the "recommended forms of certificate" for a new senator should include the signature of a state's governor AND Secretary of State. Illinois Secretary of State Jesse White has said publicly he will not sign Burris' certificate.

The Secretary of the Senate, a Democratic appointee elected by the body, must make the determination if Burris' "certificate of appointment" meets those requirements. (The "Secretary" oversees the Senate's day-to-day legislative, financial, and administrative operations. Republicans fill the position when they hold the majority.)

Here are the possible scenarios:
(#1) If Burris personally comes to Capitol Hill on Tuesday with his certificate, he would not be allowed on the floor, but instead directed to the office of the Secretary of the Senate who would review his credentials. Without both signatures, the certificates would be considered incomplete. Burris would not be seated; in fact, his name would not even be considered on the Senate floor.

(#2) If the Illinois Supreme Court forced Secretary White to sign the certificate or White's name somehow appeared on it, Burris might be allowed on the floor. But before Burris is called to take the oath from Vice President Dick Cheney, there would likely be an objection, followed by a motion to refer the matter to the Senate Rules Committee.

(#3) Before Cheney administers any oaths, Democrats could offer up a resolution that strikes a middle ground. It would effectively say the Senate had received paperwork from the governor on Burris' appointment, but that it's unclear if it meets the requirements for certification. Democrats would then ask the Rules Committee to sort it out.

This (#3) may be the most likely scenario because it serves two fundamental purposes for Democratic leaders. First, it allows them to acknowledge Burris' appointment without actually seating him. Democratic leaders could theoretically claim "we're looking into it."

Secondly, it buys the leadership time. The general thinking is that the matter would be slow-walked in the Democratically controlled Rules Committee long enough for Blagojevich to be impeached. Then, the state's Lieutenant Governor could make an appointment more favorable to Democrats.

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Comments

Good Grief. As usual, the democrats sound like a bunch of spoiled children. This is how Obama helped to mess up the state of Illinois. Now he will do worse with the U.S.

Too Funny (Sent Friday, January 02, 2009 6:09 PM)

I think that this whole scandal will make Obama's first ninety days much more difficult. This is our generation's Watergate.

Scott, Basking Ridge, NJ (Sent Friday, January 02, 2009 6:34 PM)

Jesse White should be the nominee.
He is the best thing to happen to Illinois politics since the great Glen Poshard.

Sunyata (Sent Friday, January 02, 2009 6:38 PM)

Roland Burris. Yeah, right.

And the corruption continues in Illinios.

Mollyanna (Sent Friday, January 02, 2009 6:51 PM)

Instead of a NO GIRLZE sign on the Senate door, it will say NO BLAKCS.

Tyler, Houston Tx (Sent Friday, January 02, 2009 6:52 PM)

Remember to live fast, die young and leave a good looking corpse.

J. Dean (Sent Friday, January 02, 2009 6:53 PM)

It's going to be so much fun watching the very liberal Senate Democrats, you know, the champions of the minorities, the leaders of the oppressed, the fighters for eqauality, preventing a black man from taking his rightful and legal place in the Senate. You just know that Jesse and Al have booked their trips to Washington DC next week.

Grand Plan (Sent Friday, January 02, 2009 6:56 PM)

>> But before Burris is called to take the oath from Vice President Dick Cheney, there would likely be an objection, followed by a motion to refer the matter to the Senate Rules Committee. <<

Let me guess. The objection will come from Robert "Sheets" Byrd?

Tolly Fange, WV (Sent Friday, January 02, 2009 6:57 PM)

Why would a subsequent appointment by a replacement governor take legal precedence over the existing apointment of Burris by Blagojevich? If the appointment of Burris is valid, and there is every reason to think it is, then there is no vacancy for a replacement governor to act upon. The position has already been filled. Senate leaders should not be able to control who sits in the Senate by implementing bad-faith delays and interferences. All this ludicrous games of delay and obfuscation are unworthy of the Senate, and unworthy of the new atmosphere Obama was supposed to bring to Washington.

TKD (Sent Friday, January 02, 2009 7:38 PM)

I don't understand the reluctance of the Democratic leadership to accept mister Burris: it's a temporary position that will be filled soon enough in the next election and he is a man who has served Illinois well for many years. We are all better served if the seat is filled sooner rather than later given the urgent nature of many of our current problems. There is a threat for the Democrats that if a special election is called a Republican could win because of all the fresh bad press surrounding Governor Blagoiavich. This would certainly pose a problem for the senate Democrats especially with the many critical votes that will accompany Obama's first year in office.

Mark Cleveland, Chicago, IL (Sent Friday, January 02, 2009 7:40 PM)

If Nixon could appoint Ford to be Vice President and we do know that Nixon was a crook then why not let Burris who is just as honest as Ford take the Senate seat for two years.

Richard Neffson, Rohnert Park, CA (Sent Friday, January 02, 2009 7:43 PM)

If Nixon could appoint Ford to be Vice President and we do know that Nixon was a crook then why not let Burris who is just as honest as Ford take the Senate seat for two years.

Richard Neffson, Rohnert Park, CA (Sent Friday, January 02, 2009 7:44 PM)

Whether quiet or high drama you can bet the MSM will make it high drama either way. Sensationalism sells.

eagle1776 (Sent Friday, January 02, 2009 8:29 PM)

MSNBC is so LAME on weekends and during holidays... Do you really want to loose your viewers to CNN?

I mean seriously, Lock Up Raw, Caught on Camera???
Why not "National Inquirer Weekend/Holiday Edition".

Hard to get help??? (Sent Friday, January 02, 2009 8:33 PM)

The focus of integrity, or really the lack thereof, should now be squarely on Burris. Everyone knows the failed character of Blagojevich, but for a man to smugly claim respectability ,and proffer his years of public service as his credentials, and then accept an offer[he says]from such a Governor, in such circumstances , is putting him on moral par with Blagojevich.Furthermore, he is attempting to use race as virtually a blackmail chip to hit senate dems with. I put this ploy down to loss of memory due to creeping senility consequent on advancing age. Am I wrong ? or was Obama voted for by tens of millions of whites, even in the south? Very poor show Burris.

Patrick . Kingston,Jamaica (Sent Friday, January 02, 2009 8:45 PM)

Any decision should be "favorable" to the American people, not Democrats or Republicans. The only thing they will ever agree on is to disagree. Too many over-inflated egos in Washington. History shows egos and cooperation are not a good team for solving problems. President-Elect Obama needs to place a sign on his desk, like Truman did, that says....The Ego stops here.

Joe Sepeda,Early,Texas (Sent Friday, January 02, 2009 9:19 PM)

Joe Sepeda,Early,Texas (Sent Friday, January 02, 2009 9:23 PM)

This is nothing but taking away from all the mess of the economy . seems to me that both parties should share failure....Now the democrats want to show whos in control since they are the majority now and its pay back time and they are atempting to show how strong they are..look at lieberman they didnt do anything ..What a waste of time this is when America is hurting and all they care about who gets in....As far as im concerened there are democrats who got re elected because the republicans were just failures....Well there are democrats who fit in there shoes also, but were stuck with them again for six years...As long as the news makes this top priority then recovery of the economy is second.....Let the guy in. its only two yrs. We got congressman and senators who have been there forever and till are do nothings....Thanks to there followers who wont except them as failures...Must be they have invested intrest and dont want to upset the apple cart...Fed up but cant do anything about it.....

Russell Fox Wells, Me (Sent Friday, January 02, 2009 10:42 PM)

Sorry, Senators, if Burris comes with the signed certificate you need to seat him. Blago is the sitting Governor and it is his right and duty to appoint a senator. There is no hint of scandal as regards the Burris appointment, so until such time as there is he should be able to serve. And to keep him out just puts him at the top of the news cycle at a time when CONGRESS GETTING STUFF DONE for the people should be there.

Mr. Mxyzptlk (Sent Friday, January 02, 2009 11:58 PM)

Referring this to a committee for investigation is an acknowledgment that the Senate lacks the power to reject the appointment. If they had the power to reject it, they would simply reject it, and end the matter.

What kind of credibility will the "investigation" have, when Reid and the entire leadership have already denounced and rejected the appointment?

And even if someone else is appointed by a subsequent governor, how would that change the validity of Burris's appointment? If Blagojevich has the power to appoint, and if Burris is eligible, then the appointment is already finalized, and there is no more vacancy to fill. That does not change when a new governor takes office.

TKD (Sent Saturday, January 03, 2009 3:06 AM)

i live in the chicago for 56 years which is all my life the reason this has become a national story is because president elect OBAMA was the US SENATOR of our state and won the general election it's like every thing that happen the media losing it's damn mind damn they need a reality check people are in trouble no body talking about the people who has lose their jobs their homes are gone cant buy their kids a coat. xmas came and went i for one feel blessed. OBAMA IS READY TO WHAT IT TAKES TO HELP AMERICA GET BACK TO WORK. I THINK AMERICA IS SICK OF THE MEDIA MSM AND THE WANNBEES WANTING THEIR 15 MINS . WE JUST WANT THEM TO TELL THE F.. NEWS AND SHUT THE HELL UP. IF MR BURRIS GET THE JOB SO BE IT I AM TRIED OF THE SILLY SH...LET MOVE ON YO REALLY IMPORTANT ISSUES

SANDRA (Sent Saturday, January 03, 2009 6:28 AM)

Alaska goes to Russia. Hawaii goes to Japan or China. "The California Republic" — the West from Utah and Arizona to the Pacific — goes to China. "The Texas Republic" — the South from New Mexico to Florida — goes to Mexico. "Atlantic America" — the Northeast from Tennessee and South Carolina up to Maine — joins the European Union. And "The Central North-American Republic" — the Plains from Ohio to Montana — goes to Canada.

A scary future from the mind of a Russian. Most would say this could never happen. With all the ethnic division there seems to be in America particularly with the hate between Democrats and Republicans is it far fetched?

Sandy Moore, Indy (Sent Saturday, January 03, 2009 9:08 AM)

Why ask the question about seating Burris because he will be the only african american in the senate? I feel like we have passed the time when race was a factor. I campaigned and voted for President elect Obama. Doesn't this direction, taken by all the news networks, perpetuate racism? We the people want the best candidate for the job. It should not be based on race in any way.

JoEllen Paull, Deerlodge, Mt. (Sent Saturday, January 03, 2009 10:26 AM)

Burris should be ashamed to have allowed himself to have been used by Blagojevich in such a dastardly way. The Senate should refuse to seat him because he is too consumed with himself (see his monument at the cemetery). Anyway, he can't win in 2010; he ran for Governor twice and lost. The Democrats don't need a fool like him and they shouldn't accept him. Although the MSM keeps injecting, "Burris would be the only African American in the Senate," that is irrelevant. Blagojevich is an arrogant rogue who sought to sell the seat. That fact taints any candidate that he would appoint. We would spend the next two years with the MSM trying to trace any quid pro quo between Burris and Blagojevich. We don't have time for that kind of insanity. We have too many crises looming to waste time with the likes of Balgojevich and Burris. If Burris had enough sense to be the Senator from Illinois, he would not have accepted the appointment from Blagojevich.

Linda Porter, Atlanta, GA (Sent Saturday, January 03, 2009 11:45 AM)

I am not a Governor Blagojevich fan. However, he still is Governor until proven unfit and he has the right to continue to do his job. So, let him do it! The current Illinois rules do not call for a special election, they call for the Governor to appoint. He did, so seat the guy. No court of law has convicted him of anything. All this wrangling is stupid.

Larry Solomon, Union KY (Sent Saturday, January 03, 2009 2:24 PM)

I am not sure what is going on here. I think the Governor made this selection to cause distraction, and division. I believe Burris should have denied allowing himself to be appointed. It make him look like someone who is looking at the oportunity to be in the headline, get a Senate seat he would not have been selected to, and may not get re-elected in. This is more for drama. Burris and his supportors do not care anything about how this looks to the Presidend-elect, just interested in themselves. They are just like the governor.

Diana Owens, Tacoma, Washington (Sent Saturday, January 03, 2009 2:24 PM)

Since the economic stimulus plan will be presented early on, the Demo's will need as many votes as they can to avoid a filibuster....Would it be legal for the senate to appoint a "temporary" senator to only serve until the actual senator is legally (and acceptably) appointed and approved?

John , Sacramento, Cal (Sent Saturday, January 03, 2009 3:38 PM)

Forget it is not going to materialize.The senate is goin to show all its power and just wait for a
governor .

jesuino leduino rosa (Sent Saturday, January 03, 2009 4:58 PM)

As much as we think Blogo stinks, we have due process under rule of law in this country. When did a trial by press stand as grounds for nullifying an elected governor's appointment? Burris should be seated and represent Illinois, unless he is found personally unqualified. In two years, the state can have an election. All this hurry-up, hurry-up is not respectful to our laws supporting innocence until proven guilty under due process.

Paula, Beaumont, Texas (Sent Saturday, January 03, 2009 5:12 PM)

hypocrisy to the fullest.No indictment only allegations. incompetent federal prosecuter arresting without sorting out his evidence for indictment and then seeking more time. no indictment and he governors is still in office. If he is so guilty why is he stil governor. the federal prosecutor should be arrested for gross incompetence. Again rush to judgment like the iraq war. politicians playing their games and claiming to represent the people.Those opposing the appointment of burress have absolutely no case.It baffles me how so called interlectuals act so dumb with their incompetence. i hold no brief for the governor,but the old ways and nastiness of those in washington will again show under the guise of ethics.the secretary of state should be fired for neglect of duty instead of hiding behind excuses and legal mumbo jumbo. make it simple and stop making simple decisions of right and wrong and the constituition complicated. its not stop the hypocrisy

john mangal bronx, new york. use my first name only please (Sent Saturday, January 03, 2009 6:24 PM)

I like option #3 as a method to handle the
Burris Senate appointment. It allows everyone
to get what the want (in a way)and opens
a hole in the box the IL govenor thinks he put
in place. I agree Burris meets all the
requirements for the job.
But his appointment is tainted.

S.T. Foster (Sent Saturday, January 03, 2009 6:39 PM)

Yawn ... give me something interesting to comment on.

Spinout (Sent Sunday, January 04, 2009 7:21 AM)

Am I the only one who thinks this stinks to high heaven?

You have a Secretary of State refusing to do his job, a Senate complicit in obstructing the rule of law and these clowns act like this is all "just routine."

Like it or not, Blago is innocent until proven guilty. It is beginning to look like the prosecutor jumped the gun here and no crime was committed in the most outlandish claim of selling a Senate seat.

The Senate should either find a legitimate reason why this gentleman is not qualified (for example a payment to Blgo) or shut up.

Jim, Los Angeles (Sent Sunday, January 04, 2009 8:22 AM)

It just seems like Gov.Blago is saying, "If I can't play, I'm going to mess up the works for everyone by making this appoinyment." It's rediculous!

Ric in Chicago (Sent Sunday, January 04, 2009 12:32 PM)

I think the last sentence of the article says it all "Then, the state's Lt. Gov. could make an appointment more favorable to Democrats." As a Democrat, I do not favor corruption from my Party any more than I did the other Party. Burris is legally appointed by the sitting and legal Governor of Illinois and should be seated. There are hugely more important issues than this Senate seat of two years duration. We cannot be hypocrites about someone's innocence (Stevens) until proven guilty, and then use a different standard for the Governor of Illinois. BTW, for all of his problems, Blago is a flippin' genius by making this appointment and specifically making an AA appointee. Genius to have tied up the Senate, painted everyone in a corner including IL Senate and Lt. Gov., and undermining the incoming Obama administration for whom he has no love at all. He may be crazy, but he's a political genius on this move.

MaryanneAZ (Sent Sunday, January 04, 2009 12:47 PM)

Oh how I wish the great Mike Royko was still alive!
How he would have enjoyed commenting on this "only in Chicago" circus!

Robert F. Oberle (Sent Sunday, January 04, 2009 2:40 PM)

Where there is a will there is a way.

eagle1776 (Sent Sunday, January 04, 2009 3:16 PM)

Oh, how the great Mike Royko would have enjoyed this little episode. Mike knew and understood the marvelous
complexity of "Chicago" politics, and could have explained it to us all so that we could laugh and applaud!

Robert F. Oberle, Chantilly, VA (Sent Sunday, January 04, 2009 3:17 PM)

It amazes me the level of flip-flopping on this issue on this board. Two weeks ago everyone was saying "DON'T SEAT ANYONE BLAGO APPOINTS!" and cheering for his impeachment, not to mention his head. Now all of a sudden, we're supposed to ignore this and seat a person in a position that he would not otherwise have gotten on his own. And why? Because he's BLACK?! And now all of a sudden (thanks largely to MSM sensationalism) this is a RACIAL issue?! People, I'm dissapointed. This is PRECISELY the kind of racial politicking that we're supposed to be moving beyond, and the reason I initially supported Hillary in the primary (just because I'm black doesn't mean I have to vote that way). The IL SoS is black and is refusing to sign onto this. Obama has called for this man not to be seated. I don't see why this is a RACIAL issue simply because some who are still looking for the "Whites Only" signs (I'm talking to you, Bobby Rush) choose to play old school racial politics for their own gains.

I'm not saying that Burris isn't qualified. But that he would take this appointment begs the question of what exactly happened between him and Blago, especially since Burris was calling for his impeachment along with the rest of the Illinois legislature (including Rush). Bottom line is that there are questions regarding this appointment that should not be simply ignored because some choose to interject race into the equation.

HAPPY NEW YEAR AND WELCOME BACK FOLKS!

15 Days and counting until Inauguration Day!
http://jawillie.blog.com

jawillie, Philadelphia, PA. (Sent Monday, January 05, 2009 9:48 AM)

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