No blue skies for Burris
Posted: Tuesday, January 06, 2009 1:30 PM by Carrie Dann
Filed Under:
Congress
From NBC's Lauren Appelbaum and Carrie Dann
It might have gotten rained on, but Roland Burris definitely had a parade today on Capitol Hill.
Swarmed by a sopping pack of reporters, the self-described "junior senator from the state of Illinois" faced a wet and jostled journey as he made his way around the rainy Capitol campus this morning. Burris' path -- to the third floor of the Capitol and then across Constitution Avenue -- was marked by shouting television producers and officials who scrambled to usher Burris to an outdoor press conference site after his credentials had been officially deemed unacceptable by the Secretary of the Senate.
Under the cold rain, Burris delivered an uncharacteristically short statement (less than 35 seconds) to inform reporters, "I presented my credentials to the Secretary of the Senate and was advised that my credentials were not in order, I would not be accepted, nor will I be seated, nor will I be permitted on the floor."
The former Illinois attorney general added he was "not seeking to have any type of confrontation" over taking the seat but said he was consulting with his attorneys for his options.
When Burris left the podium, taking half of the press conference's inquisitive audience with him, the appointee's legal team argued that the rejection of Burris' credentials "was improperly done" and "against the law of this land."
Attorney Timothy W. Wright used the example of Marbury vs. Madison, a case from 1803, as legal basis that the secretary of state does not need to sign Burris' appointment for it to be legal. "We have a 203 year old case that says that in fact once every act that is supposed to be taken by the executive is taken, then in effect the appointment is made," he said. "And from that, which is Marbury vs. Madison, we have determined that Sen. Roland Burris is the junior senator of the state of Illinois."
Wright listed their options as filing in the district court and negotiating with the Senate leadership. While the legal team said it is "not likely" they would file anything today, they do plan to still meet with Reid tomorrow.
"We think there is never an end to discussion," Wright said. "There's always a point to see if we might resolve this impasse and move forward on behalf of the people."
Meanwhile, Burris was escorted to a waiting silver minivan to duck, at least for the moment, out of the rain.