* You had to figure this was gonna happen sooner or later. Turns out, it’s sooner…
U.S. Sen. Dick Durbin (D-Ill.) said Sunday it was likely that former Illinois Atty. Gen. Roland Burris would be seated as the state’s newest senator this week after a legal review of new paperwork regarding the Senate appointment.
The review Monday by Senate legal counsel marks the latest twist in the on-again, off-again seating of Burris, who was appointed by Gov. Rod Blagojevich three weeks after the now-impeached Illinois governor was arrested on federal corruption charges that include allegations he attempted to sell the Senate seat vacated by President-elect Barack Obama. While it appeared the Senate was closer Sunday to seating Burris, there are potential hitches.
Senate Democrats spent about 30 minutes discussing Burris’ situation in a closed-door meeting Sunday that resulted in Obama’s chief economic adviser, Larry Summers, cooling his heels in a Senate hallway waiting to discuss the president-elect’s economic recovery package.
“This thing changes by the day,” Durbin said, explaining why he and his colleagues spent such a long time discussing the matter.
* This sort of thing won’t help Burris’ chances in 2010…
Just days after Gov. Rod Blagojevich accepted his party’s nod for re-election in 2006, a letter arrived at state Treasurer Judy Baar Topinka’s office seeking thousands of pages of documents Blagojevich could use as ammunition against her in their upcoming campaign.
The letter was signed by Roland Burris.
It was one of several requests Burris made to the treasurer’s office in 2006, a campaign practice known as opposition research in which candidates use public documents to question their opponents’ records.
* Did you happen to catch SNL? I didn’t, either, but here’s the Burris clip…
I thought the SNL skit pretty cheap and offensive, but I wonder if they’re onto some offensive stuff about Democratic constituencies that’s going to be revealed in those tapes. If SNL’s speculation about the Guv isn’t going to have some truth to it.
Burris is so damaged politically he will have a very difficult time raising funds this year for a 2010 election. Instead of walzing into the Senate as “the magic man”, as he expected, Burris is now seen as a manic chihuahua clamped onto Durbin’s pants cuff. If he had waited to run in 2010, by using the appointment in a politically prudent manner and dropping out, he would have found whoever replaced Obama to be too tarnished to keep the nomination and would have benefitted two ways - he would have kept his reputation and he would have had the same chance of being nominated as he will after he is seated this year.
Burris went for the sure thing and obviously doesn’t care how badly damaged and soiled his latest mausoleum line is to Illinoians.
Polls show that he lost his reputation with his behavior these past two weeks. Roland was not invited to become a Senator by Illinois voters promised a Special Election by Democrats. He will be remembered as the unwanted egomaniac who, along with Rod Blagojevich, forced everyone to accept him.
Roland sits in the Senate - for the next 24 months.
Reid and Durbin are just going through the motions now to save face. It’s akin to Henry Kissinger’s hoped for “reasonable interval” between the U.S. withdrawal from Vietnam and the fall of Saigon. They’ve given up, and now they hope for a “reasonable interval” before they seat Burris.
It was never about the Jesse White signature or the Illinois Supreme Court. Those were tactics to be used to achieve the categorically stated goal of not seating Burris because he had been appointed by Blago.
Reid, Durbin and Obama drew a line in the sand against any Blago appointment. There was a lot of tough talk. Blago called their bluffs, and all Burris did to get them to cave was get turned away at the Senate door and stand out in the rain.
I hope Obama learned a couple of lessons: stay out of Illinois politics from now on, and if you put down a marker, stick with it or you’re going to be tested time and again.
===Polls show that he lost his reputation with his behavior these past two weeks.===
What polls are those?
Ha! You got me, or I got myself! I read into the polls showing that a majority of Illinoians do not want Burris seated. No - there were no polls that I know of that claim that Burris lost credibility with Illinois voters. However, I will be interested to watch and listen to what Illinoians think about Burris after he is seated. I expect that Roland paid too high a price for his Reid/Durbin showdown.
{”There has never in the history of the Senate been a waiver of the requirement that the secretary of state’s signature be part of the appointment process — never,” Durbin, the Senate’s second- ranking Democrat, said at a news conference.}
In December 2002, the U.S. Senate accpeted the credentials and the Certificate of Appointment of Senator Lisa Murkowski from Alaska with no certification from the Alaska Secretary of State.
Senator Frank Murkowski served 22 years in the U.S. Senate representing Alaska before he ran for; and was elected Governor of Alaska in November 2002. He was sworn in as Alaska’s 8th Governor on December 2, 2002, and submitted his resignation to the U.S. Senate on that same day.
On December 20, 2002, Governor Frank Murkowski appointed his daughter Lisa to serve out the remaining two years of his unexpired Senate term. Governor Murkowski submitted the Certificate of Appointment to the U.S. Senate without the signature of the Alaska Secretary of State; and she was accepted by the U.S. Senate and sworn in without objection by Durbin or Reid without a peep from either of them.
So; in reality, all Lisa Murkowski did to gain membership in the U.S. Senate was show up with a letter from her dad.
So much for 125 years of unbroken rules and time honored tradition. At that point maybe Durbin thought that Alaska was kind of like Illinois and governored itself under the rule of royal families; as opposed to an actual democracy.
I hope Obama learned a couple of lessons: stay out of Illinois politics from now on, and if you put down a marker, stick with it or you’re going to be tested time and again.
Illinois is in Obama’s past, but defines how he will be perceived by his critics. Every president takes flak for his home state. Just being from Texas caused partisans to paint Bush as an ignorant cowboy. Being from Illinois opens Obama similarly.
__________________________________________________
The SNL skit is way off on how it paints Blagojevich. Blagojevich is tolerant of gays and lesbians. The SNL crew stereotypes this corrupt governor as intolerant. Blagojevich has always been politically correct. SNL assumes that tolerant people cannot be corrupted, and falls into a trap of their own negative stereotypes.
===What polls are those? ===
The VanMan poll. Sample size n=1.
Too bad you waited five minutes to write that Bill, it would have been funnier if I hadn’t called myself out on it first. But then, you are not used to honesty are you, my Blagojevichian suck-up!
You want to know who to support next? Burris! No one can replace Blagojevich, and I sure don’t “hate” Burris, but I’m sure you will find a lot of enjoyment yanking the chain of those of us who want to see someone else in the US Senate in 2010. I think you need to shill for Roland!
Maybe he will add a line on his mausoleum for you!
- Six Degrees of Separation - Monday, Jan 12, 09 @ 11:18 am:
Blago sphere-
My understanding is that the reason Alaska’s SoS didn’t certify Lisa Murkowski’s appointment is that there is no SoS in Alaska.
- Six Degrees of Separation - Monday, Jan 12, 09 @ 11:22 am:
Check out the membership of the National Association of Secretaries of State. Alaska lists the Lt Gov as the member contact, as do a handful of other states who do not have a SoS position. There are some eastern states who have a Secretary of the Commonwealth rather than a SoS.
That is correct and neither do the states of Hawaii or Utah.
For that matter; neither do Pennsylvania, Massachusetts, or Virginia, who’s constitutions refer to their geographic and political boundaries as a Commonwealth; rather than a state. Kentucky is also established as a Commonwealth, but does have a Secretary of State.
Just pointing out that Durbin’s statement itself was patently ludicrous. The “Rule” as written does not apply equally to all states and as a result is discriminatory.
The Standing Rules of the Senate Rule II (2) calls for the following:
2. The Secretary shall keep a record of the certificates of election and certificates of appointment of Senators by entering in a wellbound book kept for that purpose the date of the election or appointment, the name of the person elected or appointed, the date of the certificate, the name of the governor and the secretary of state signing and countersigning the same, and the State from which such Senator is elected or appointed.
The “Rule” does not stipulate the substitution of any other appointed or elected official for counter-signature either.
After scrutinizing the ruling from the Illinois Supremes over the weekend; the ruling itself looks weak as well despite their unanimity.
One of the many ironies of this ongoing saga is that; Mike Madigan spent several million dollars to defeat him, Lloyd Karmeier is the one that writes the opinion to pull Lisa’s bacon out of the fire on this case.
Yes, but the letter of the Senate rule explicitly states Secretary of State, not Secretary of State or equivalent officer. I mean, if folks are going to get petty.
==you are not used to honesty are you==
Dude, You were the one called out for lying on your post. I never “suck up” to anyone, least of all Rod. I do, in fact, support Burris because he is the duly appointed Senator. All of your vitriolic,reactionary venom can’t change that.
Bite me.
That’s my point exactly. While this “Rule” has no basis in law, laws themselves are divined by an interpretation of the words of which they consist.
The Illinois Supreme’s did just that in this case when they made reference to their analysis of the difference between the words “commission” and “appointment” in Illinois law under the Secretary of State Act. Their reference to their application of established rules of statutory construction as the basis of their opinion on this aspect of the matter before them was lacking, but yet it forms the same basis for the argument I made above.
If you agree with the IL Supreme Court ruling on that basis, then the same would have to hold true for the absence of any equivalent conter-signature requirement where there is no Secretary of State in some states; and only a Secretar of the Commonwealth in others.
The same logic they are applying to prohibit Roland Burris from being seated could have been applied to prohibit Lisa Murkowski.
As an interesting aside, the appointment of his daughter to his Senate seat is one of the major influencing factors that Frank Murkowski was defeated by Sarah Palin in the 2006 GOP primary election.
Anyone can go down to the Secretary of STate’s Office and pay for a certified copy of any of a multitude of documents on file. But just because you have a certified copy of the corporate charter of XYZ Corp., with a seal and signature of Jesse White, doesn’t mean you own that corporation. YOu just have a copy that was produced after the charter as it was filed.
Yet, the Senate is going to accept this from Roland Burris as a bonafide original credential.
He should have put Illinois in his past the night he was elected. The fact that he didn’t has caused nothing but problems.
A few days after he was elected, his COS appointee got caught on fed tapes talking with the governor about the Senate appointment. His campaign whiz “misspoke” to the press that Obama had spoken to Blago directly.
All this led to the president-elect being interviewed by the FBI for two hours regarding an ongoing criminal investigation, a dangerous proposition for anyone.
After all that, Obama weighed in backing Reid and Durbin that no Blago appointent should be seated. Then, he backed down.
He could have avoided having anything to do with any of it.
“Would-be senator offers 1st glimpse of his agenda”
Isn’t that special.
A junior senator with a monster ego; with a full-blown-ego Mausoleum; from a corrupt State; appointed by a corrupt or criminal governor; and HE’S got an ‘agenda’. As they say: Good luck, baby.
UPDATE: Senate lawyers are expected to render a decision this afternoon on whether Roland Burris meets the criteria to be seated as the next senator from Illinois, according to Senate Democratic leadership aides.
- Pot calling kettle - Monday, Jan 12, 09 @ 12:47 pm:
The Dems blew it on the day Blago appointed Burris. That day, and every day since, they should have ignored Burris and hammered away at the cynical undercurrent of the appointment. Blago decided to try to use Burris see if he could get some African-American pols and community groups community to carry his water and it worked! Davis and White didn’t take the bait, but Burris and Rush did. Davis, Durbin, White, Reid, and a host of others should jumped all over Blago for being a cynical racist willing to throw a black man to the wolves to further his goals. Instead, they focused on the clerical minutiae. Burris and Rush took the media lead, turned it into a race thing…and it was all over.
I ahve obainted an advance sopy of the Burris agneda:
1. Promote Burris. Burris deserves to be happy and successful; Burris is free to choose to live as Burris wishes and to give priority to Burris’ desires; The Burris can choose happiness whenever Burris wishes no matter what the circumstances; Burris deserves to be loved.
2. practicing speaking in the third person.
3. Update masoleum
Obama is inbetween the rock and the hard spot on this mess. If he says anything, there are those that will cry he shouldn’t have said anything and if Obama had kept his mouth shut, there are others who would speculate wildly that Obama is complicit somehow in some tin-foil hat inspired conspiracy theory. I don’t think there was any reasonable avenue that appeased all sides for Obama and he is just going to have to stumble through this mess with the rest of us.
That or re-write his biography on Wikipedia and claim that he’s lived in Hawaii all of his life, and just visited Chicago a few times….
Hobo, I respectfully disagree. Emanuel didn’t have to call Blago. Axelrod didn’t have to “misspeak.” They didn’t have to forward a list of acceptable candidates to Blago. All of those things were done before Rod was arrested.
It was all incredibly reckless, given who they were dealing with. I haven’t read that they had similar communications with the governors of New York or Delaware.
Also, he didn’t have to lay down the gauntlet with Reid and Durbin. But once he did, he should have stuck to it.
The guy who played Blagojevich, well his hair resembles Moe Howard from the Three Stooges.
- MikeintheSuburbs - Monday, Jan 12, 09 @ 2:25 pm:
MSNBC just reported that Burris will probably be seated next week.
As is pointed out above by Blago Sphere, the Senate Rule 2 in question does not actually require an SOS or any other additional signature. It just states that whatever documents are submitted, containing whatever signatures they contain, are to be kept by the Sec of the Senate in a book. It lists the various offices of people who may sign the appointment document, but doesn’t actually say anyone in particular HAS to sign it, which is what the Illinois Supremes said. This is then followed by a sample form which is described as a RECOMMENDED form.
There is also the little matter of the U.S. Constitution and the Marbury v. Madison case (S.Ct. 1803) I discussed in an earlier entry.
You would think that Reid and Durbin would at least read their own rule before sticking their necks out. Now they look pretty foolish.
The Ceritifcate of Appointment initially issued by the Governor utlized the “recommended form” provided by the Secretary of the Senate. The form is recommended; but not required, and the appointing authorities are free to use them as they see fit.
Under the “recommended form” the signaory line for the appointing authority (Governor) and the counter-signature (Secretary of State) appear on the same page; and in Burris’ case omitted the signature of the Secretary of State.
Since the form is recommended; rather than required, there appears to be no prohibition for the appointing authority to have a two page document, with the appointing signatory on one page, and the counter signature on another.
Given the revised Certificate provided to Burris by White’s office they appear to have all six of the credentialing criteria met.
There is no need for Burris to go to court on this matter anyway; as an Illinois citizen from Arlington Heights is suing the Senate over this matter already in U.S. District Court in Washington D. C.; which was filed on January 7th.
BREAKING: Roland Burris won his battle to succeed Barack Obama as the junior senator from Illinois this afternoon as Senate lawyers agreed that he met the chambers rules and could be seated.
“Barring objections from Senate Republicans, we expect Senator-designee Burris to be sworn in and formally seated later this week,” said a joint statement from Senate Majority Leader Harry Reid and Assistant Majority Leader Dick Durbin.
The Senate Democratic Leaders had told Burris last week that he needed to testify before the Illinois House impeachment committee about his relationship with Gov. Rod Blagojevich and submit a signature from Illinois Secretary of State Jesse White certifying his appointment by Blagojevich.
“We have spoken to Mr. Burris to let him know that he is now the Senator-designate from Illinois and as such, will be accorded all the rights and privileges of a Senator-elect,” said the joint statement.
Fox News is reporting that they believe Burris’ paperwork has been accepted and “We are the Jr. Senator”! Wow, those guys really stick to their traditions, huh> Not - 1884 “Rule” has been nullified by the limp noodles.
This is not really breaking news; I told you this would be the result on Friday:
- Blago Sphere - Friday, Jan 9, 09 @ 1:31 pm:
Jesse can certify (by signature) the copy; but not sign the copy of the original Certificate. The U.S. Senate can accpet the certified copy; in lieu of the original, and they will have both the Governor’s and the Secretary of States signatures and the seal; albeit not in strict conformance with their rules.
- Pot calling kettle - Monday, Jan 12, 09 @ 3:17 pm:
If Obama’s people had not contacted the Gov., that would be unusual behavior. Of course the Pres-elect is going to make his preference known regarding who takes his seat. Now if they had opened a PayPal account under another name so they could bid on the seat in secret…
{Senate Majority Leader Harry Reid (D-Nv.) and Sen. Dick Durbin (D-Ill.), the assistant majority leader issued a joint statement Monday afternoon after the controvery ignited by the tainted Illinois Gov. Blagojevich was resolved.
“We have spoken to Mr. Burris to let him know that he is now the Senator-designate from Illinois and as such, will be accorded all the rights and privileges of a Senator-elect,” they said.}
Burris was lawfully appointed and became the Senator Designate from Illinois on December 31st. Reid and Durbin have simply finally acknowledged this today.
YESSSSSSSSS!
Congratulations, SENATOR Burris!
Roland, few people get to realize their dreams. I know that you will do a great job as senator. It couldn’t happen to a better guy.
Within an hour of learning on Tuesday that Gov. Rod R. Blagojevich of Illinois was about to name a Senate successor to President-elect Barack Obama, the Senate Democratic leadership drew a clear line in the sand: Anyone appointed by Mr. Blagojevich, the embattled Illinois chief executive, would not be accorded Senate membership.
A statement issued by the Democratic leadership said bluntly that anyone appointed by Mr. Blagojevich “will not be seated by the Democratic caucus.”}
Today
{ we congratulate Senator-designee Burris on his appointment and we look forward to working with him in the 111th Congress.”}
See, what did I tell you? All you had to do is dance with me, and I’ll make your ambitious, self-serving dreams come true! When I phoned with this offer, I knew I found the right soul. Your deal was tailor made, just for you.
We received your signature through the mail yesterday and all the checks have cleared. You will discover a whole new world of prohibitive power and riches beyond your wildest dreams! Tomorrow, you will be picked up by a chauffeured black car, and your new Senate office awaits your first visit.
Staffers are lining up to pamper your every move. You will find new campaign contributions flooding into a new campaign fund with the personalized touches you requested. Expect to be very busy next week as invitations to every Inaugural event will find their way to you. I personally recommend the special events I have highlighted with a red asterisk. The ones I require you to attend are marked with a double asterisk.
We are so excited by this deal! You have labored long and hard and have earned the credibility you are now spending with us during these upcoming years. As with Mr. Blagojevich, you will discover that it isn’t the destiny that matter, it is the time spent getting there! You will discover we offer the finest in accommodations, especially with gentlemen of your worth.
If you have any questions, please do not hesitate to ask. Should you run low on any funding, you can contact my personal Assistant for Funding, Mr. George Soros. George is a master at handling these kinds of money challenges.
As you also requested, we have sent a gentleman from Southland Memorial Markers to your mausoleum to add to your marvelous list of Earthly accomplishments. He will look forward to your new achievements over the next two years.
As is customary, please expect to be whisked away immediately once your work here is through. We are very excited to finish the deal and your end of our bargain is expected to be paid immediately upon it’s completion. Please see Mr. Faust when you arrive for your permanent placement.
Lets see, Burris get 1.2 million loan/contribution, the firm who gave it also gave 100,000 to Blago, the only political contributions this firm ever gave out, Burris ran for governor in the past to Help Blago, what a joke….on us.
LIVE session coverage...
- Bill Baar - Monday, Jan 12, 09 @ 10:07 am:
I thought the SNL skit pretty cheap and offensive, but I wonder if they’re onto some offensive stuff about Democratic constituencies that’s going to be revealed in those tapes. If SNL’s speculation about the Guv isn’t going to have some truth to it.
- VanillaMan - Monday, Jan 12, 09 @ 10:37 am:
Burris is so damaged politically he will have a very difficult time raising funds this year for a 2010 election. Instead of walzing into the Senate as “the magic man”, as he expected, Burris is now seen as a manic chihuahua clamped onto Durbin’s pants cuff. If he had waited to run in 2010, by using the appointment in a politically prudent manner and dropping out, he would have found whoever replaced Obama to be too tarnished to keep the nomination and would have benefitted two ways - he would have kept his reputation and he would have had the same chance of being nominated as he will after he is seated this year.
Burris went for the sure thing and obviously doesn’t care how badly damaged and soiled his latest mausoleum line is to Illinoians.
Polls show that he lost his reputation with his behavior these past two weeks. Roland was not invited to become a Senator by Illinois voters promised a Special Election by Democrats. He will be remembered as the unwanted egomaniac who, along with Rod Blagojevich, forced everyone to accept him.
Roland sits in the Senate - for the next 24 months.
- Rich Miller - Monday, Jan 12, 09 @ 10:41 am:
===Polls show that he lost his reputation with his behavior these past two weeks.===
What polls are those?
- wordslinger - Monday, Jan 12, 09 @ 10:42 am:
Reid and Durbin are just going through the motions now to save face. It’s akin to Henry Kissinger’s hoped for “reasonable interval” between the U.S. withdrawal from Vietnam and the fall of Saigon. They’ve given up, and now they hope for a “reasonable interval” before they seat Burris.
It was never about the Jesse White signature or the Illinois Supreme Court. Those were tactics to be used to achieve the categorically stated goal of not seating Burris because he had been appointed by Blago.
Reid, Durbin and Obama drew a line in the sand against any Blago appointment. There was a lot of tough talk. Blago called their bluffs, and all Burris did to get them to cave was get turned away at the Senate door and stand out in the rain.
I hope Obama learned a couple of lessons: stay out of Illinois politics from now on, and if you put down a marker, stick with it or you’re going to be tested time and again.
- VanillaMan - Monday, Jan 12, 09 @ 10:50 am:
===Polls show that he lost his reputation with his behavior these past two weeks.===
What polls are those?
Ha! You got me, or I got myself! I read into the polls showing that a majority of Illinoians do not want Burris seated. No - there were no polls that I know of that claim that Burris lost credibility with Illinois voters. However, I will be interested to watch and listen to what Illinoians think about Burris after he is seated. I expect that Roland paid too high a price for his Reid/Durbin showdown.
- Blago Sphere - Monday, Jan 12, 09 @ 10:51 am:
January 10, 2009
{”There has never in the history of the Senate been a waiver of the requirement that the secretary of state’s signature be part of the appointment process — never,” Durbin, the Senate’s second- ranking Democrat, said at a news conference.}
In December 2002, the U.S. Senate accpeted the credentials and the Certificate of Appointment of Senator Lisa Murkowski from Alaska with no certification from the Alaska Secretary of State.
Senator Frank Murkowski served 22 years in the U.S. Senate representing Alaska before he ran for; and was elected Governor of Alaska in November 2002. He was sworn in as Alaska’s 8th Governor on December 2, 2002, and submitted his resignation to the U.S. Senate on that same day.
On December 20, 2002, Governor Frank Murkowski appointed his daughter Lisa to serve out the remaining two years of his unexpired Senate term. Governor Murkowski submitted the Certificate of Appointment to the U.S. Senate without the signature of the Alaska Secretary of State; and she was accepted by the U.S. Senate and sworn in without objection by Durbin or Reid without a peep from either of them.
So; in reality, all Lisa Murkowski did to gain membership in the U.S. Senate was show up with a letter from her dad.
So much for 125 years of unbroken rules and time honored tradition. At that point maybe Durbin thought that Alaska was kind of like Illinois and governored itself under the rule of royal families; as opposed to an actual democracy.
- Bill - Monday, Jan 12, 09 @ 10:55 am:
===What polls are those? ===
The VanMan poll. Sample size n=1.
- Blago Sphere - Monday, Jan 12, 09 @ 10:58 am:
Sorry; meant to include the Congressional Record on Lisa Murkowski’s appointment:
http://bulk.resource.org/gpo.gov/record/2003/2003_S00001.pdf
- VanillaMan - Monday, Jan 12, 09 @ 11:01 am:
I hope Obama learned a couple of lessons: stay out of Illinois politics from now on, and if you put down a marker, stick with it or you’re going to be tested time and again.
Illinois is in Obama’s past, but defines how he will be perceived by his critics. Every president takes flak for his home state. Just being from Texas caused partisans to paint Bush as an ignorant cowboy. Being from Illinois opens Obama similarly.
__________________________________________________
The SNL skit is way off on how it paints Blagojevich. Blagojevich is tolerant of gays and lesbians. The SNL crew stereotypes this corrupt governor as intolerant. Blagojevich has always been politically correct. SNL assumes that tolerant people cannot be corrupted, and falls into a trap of their own negative stereotypes.
- VanillaMan - Monday, Jan 12, 09 @ 11:07 am:
===What polls are those? ===
The VanMan poll. Sample size n=1.
Too bad you waited five minutes to write that Bill, it would have been funnier if I hadn’t called myself out on it first. But then, you are not used to honesty are you, my Blagojevichian suck-up!
You want to know who to support next? Burris! No one can replace Blagojevich, and I sure don’t “hate” Burris, but I’m sure you will find a lot of enjoyment yanking the chain of those of us who want to see someone else in the US Senate in 2010. I think you need to shill for Roland!
Maybe he will add a line on his mausoleum for you!
- Six Degrees of Separation - Monday, Jan 12, 09 @ 11:18 am:
Blago sphere-
My understanding is that the reason Alaska’s SoS didn’t certify Lisa Murkowski’s appointment is that there is no SoS in Alaska.
- Six Degrees of Separation - Monday, Jan 12, 09 @ 11:22 am:
http://nass.org/index.php?option=com_content&task=view&id=89&Itemid=166
Check out the membership of the National Association of Secretaries of State. Alaska lists the Lt Gov as the member contact, as do a handful of other states who do not have a SoS position. There are some eastern states who have a Secretary of the Commonwealth rather than a SoS.
- Rich Miller - Monday, Jan 12, 09 @ 11:27 am:
The argument that “of course the rule has been broken because Alaska doesn’t have a secretary of state” is patently ludicrous, as Six just showed.
Move along, please.
- Blago Sphere - Monday, Jan 12, 09 @ 11:28 am:
Six Degrees,
That is correct and neither do the states of Hawaii or Utah.
For that matter; neither do Pennsylvania, Massachusetts, or Virginia, who’s constitutions refer to their geographic and political boundaries as a Commonwealth; rather than a state. Kentucky is also established as a Commonwealth, but does have a Secretary of State.
- Blago Sphere - Monday, Jan 12, 09 @ 11:38 am:
Just pointing out that Durbin’s statement itself was patently ludicrous. The “Rule” as written does not apply equally to all states and as a result is discriminatory.
The Standing Rules of the Senate Rule II (2) calls for the following:
2. The Secretary shall keep a record of the certificates of election and certificates of appointment of Senators by entering in a wellbound book kept for that purpose the date of the election or appointment, the name of the person elected or appointed, the date of the certificate, the name of the governor and the secretary of state signing and countersigning the same, and the State from which such Senator is elected or appointed.
The “Rule” does not stipulate the substitution of any other appointed or elected official for counter-signature either.
- Blago Sphere - Monday, Jan 12, 09 @ 11:47 am:
After scrutinizing the ruling from the Illinois Supremes over the weekend; the ruling itself looks weak as well despite their unanimity.
One of the many ironies of this ongoing saga is that; Mike Madigan spent several million dollars to defeat him, Lloyd Karmeier is the one that writes the opinion to pull Lisa’s bacon out of the fire on this case.
- Bill Baar - Monday, Jan 12, 09 @ 11:48 am:
SNL assumes that tolerant people cannot be corrupted…
I think that’s going to be the left’s new frame. He’s corrupt so he’s also going to be crude and offensive to core constituents.
- cermak_rd - Monday, Jan 12, 09 @ 11:48 am:
Yes, but the letter of the Senate rule explicitly states Secretary of State, not Secretary of State or equivalent officer. I mean, if folks are going to get petty.
- Rich Miller - Monday, Jan 12, 09 @ 11:52 am:
===if folks are going to get petty.===
I really don’t like semantics arguments. Particularly petty ones. Move along.
- Bill - Monday, Jan 12, 09 @ 11:59 am:
==you are not used to honesty are you==
Dude, You were the one called out for lying on your post. I never “suck up” to anyone, least of all Rod. I do, in fact, support Burris because he is the duly appointed Senator. All of your vitriolic,reactionary venom can’t change that.
Bite me.
- Blago Sphere - Monday, Jan 12, 09 @ 12:06 pm:
That’s my point exactly. While this “Rule” has no basis in law, laws themselves are divined by an interpretation of the words of which they consist.
The Illinois Supreme’s did just that in this case when they made reference to their analysis of the difference between the words “commission” and “appointment” in Illinois law under the Secretary of State Act. Their reference to their application of established rules of statutory construction as the basis of their opinion on this aspect of the matter before them was lacking, but yet it forms the same basis for the argument I made above.
If you agree with the IL Supreme Court ruling on that basis, then the same would have to hold true for the absence of any equivalent conter-signature requirement where there is no Secretary of State in some states; and only a Secretar of the Commonwealth in others.
The same logic they are applying to prohibit Roland Burris from being seated could have been applied to prohibit Lisa Murkowski.
As an interesting aside, the appointment of his daughter to his Senate seat is one of the major influencing factors that Frank Murkowski was defeated by Sarah Palin in the 2006 GOP primary election.
- Cheswick - Monday, Jan 12, 09 @ 12:21 pm:
Anyone can go down to the Secretary of STate’s Office and pay for a certified copy of any of a multitude of documents on file. But just because you have a certified copy of the corporate charter of XYZ Corp., with a seal and signature of Jesse White, doesn’t mean you own that corporation. YOu just have a copy that was produced after the charter as it was filed.
Yet, the Senate is going to accept this from Roland Burris as a bonafide original credential.
- wordslinger - Monday, Jan 12, 09 @ 12:30 pm:
–Illinois is in Obama’s past–
He should have put Illinois in his past the night he was elected. The fact that he didn’t has caused nothing but problems.
A few days after he was elected, his COS appointee got caught on fed tapes talking with the governor about the Senate appointment. His campaign whiz “misspoke” to the press that Obama had spoken to Blago directly.
All this led to the president-elect being interviewed by the FBI for two hours regarding an ongoing criminal investigation, a dangerous proposition for anyone.
After all that, Obama weighed in backing Reid and Durbin that no Blago appointent should be seated. Then, he backed down.
He could have avoided having anything to do with any of it.
- sal-says - Monday, Jan 12, 09 @ 12:36 pm:
“Would-be senator offers 1st glimpse of his agenda”
Isn’t that special.
A junior senator with a monster ego; with a full-blown-ego Mausoleum; from a corrupt State; appointed by a corrupt or criminal governor; and HE’S got an ‘agenda’. As they say: Good luck, baby.
- Anonymous Coward - Monday, Jan 12, 09 @ 12:45 pm:
UPDATE: Senate lawyers are expected to render a decision this afternoon on whether Roland Burris meets the criteria to be seated as the next senator from Illinois, according to Senate Democratic leadership aides.
http://www.chicagobreakingnews.com/2009/01/durbin-burris-resolution-may-soon-be-at-hand.html
- Pot calling kettle - Monday, Jan 12, 09 @ 12:47 pm:
The Dems blew it on the day Blago appointed Burris. That day, and every day since, they should have ignored Burris and hammered away at the cynical undercurrent of the appointment. Blago decided to try to use Burris see if he could get some African-American pols and community groups community to carry his water and it worked! Davis and White didn’t take the bait, but Burris and Rush did. Davis, Durbin, White, Reid, and a host of others should jumped all over Blago for being a cynical racist willing to throw a black man to the wolves to further his goals. Instead, they focused on the clerical minutiae. Burris and Rush took the media lead, turned it into a race thing…and it was all over.
- Ghost - Monday, Jan 12, 09 @ 12:50 pm:
I ahve obainted an advance sopy of the Burris agneda:
1. Promote Burris. Burris deserves to be happy and successful; Burris is free to choose to live as Burris wishes and to give priority to Burris’ desires; The Burris can choose happiness whenever Burris wishes no matter what the circumstances; Burris deserves to be loved.
2. practicing speaking in the third person.
3. Update masoleum
- HoBoSkillet - Monday, Jan 12, 09 @ 12:51 pm:
Wordslinger -
Obama is inbetween the rock and the hard spot on this mess. If he says anything, there are those that will cry he shouldn’t have said anything and if Obama had kept his mouth shut, there are others who would speculate wildly that Obama is complicit somehow in some tin-foil hat inspired conspiracy theory. I don’t think there was any reasonable avenue that appeased all sides for Obama and he is just going to have to stumble through this mess with the rest of us.
That or re-write his biography on Wikipedia and claim that he’s lived in Hawaii all of his life, and just visited Chicago a few times….
- wordslinger - Monday, Jan 12, 09 @ 1:09 pm:
Hobo, I respectfully disagree. Emanuel didn’t have to call Blago. Axelrod didn’t have to “misspeak.” They didn’t have to forward a list of acceptable candidates to Blago. All of those things were done before Rod was arrested.
It was all incredibly reckless, given who they were dealing with. I haven’t read that they had similar communications with the governors of New York or Delaware.
Also, he didn’t have to lay down the gauntlet with Reid and Durbin. But once he did, he should have stuck to it.
- Levois - Monday, Jan 12, 09 @ 1:14 pm:
The guy who played Blagojevich, well his hair resembles Moe Howard from the Three Stooges.
- MikeintheSuburbs - Monday, Jan 12, 09 @ 2:25 pm:
MSNBC just reported that Burris will probably be seated next week.
As is pointed out above by Blago Sphere, the Senate Rule 2 in question does not actually require an SOS or any other additional signature. It just states that whatever documents are submitted, containing whatever signatures they contain, are to be kept by the Sec of the Senate in a book. It lists the various offices of people who may sign the appointment document, but doesn’t actually say anyone in particular HAS to sign it, which is what the Illinois Supremes said. This is then followed by a sample form which is described as a RECOMMENDED form.
There is also the little matter of the U.S. Constitution and the Marbury v. Madison case (S.Ct. 1803) I discussed in an earlier entry.
You would think that Reid and Durbin would at least read their own rule before sticking their necks out. Now they look pretty foolish.
- Mountain Man - Monday, Jan 12, 09 @ 2:51 pm:
The SNL skit crossed the line with the lesbian references to Rachel Maddow.
- Blago Sphere - Monday, Jan 12, 09 @ 3:03 pm:
Cheswick,
The Ceritifcate of Appointment initially issued by the Governor utlized the “recommended form” provided by the Secretary of the Senate. The form is recommended; but not required, and the appointing authorities are free to use them as they see fit.
Under the “recommended form” the signaory line for the appointing authority (Governor) and the counter-signature (Secretary of State) appear on the same page; and in Burris’ case omitted the signature of the Secretary of State.
Since the form is recommended; rather than required, there appears to be no prohibition for the appointing authority to have a two page document, with the appointing signatory on one page, and the counter signature on another.
Given the revised Certificate provided to Burris by White’s office they appear to have all six of the credentialing criteria met.
- Blago Sphere - Monday, Jan 12, 09 @ 3:06 pm:
There is no need for Burris to go to court on this matter anyway; as an Illinois citizen from Arlington Heights is suing the Senate over this matter already in U.S. District Court in Washington D. C.; which was filed on January 7th.
- Anonymous Coward - Monday, Jan 12, 09 @ 3:11 pm:
BREAKING: Roland Burris won his battle to succeed Barack Obama as the junior senator from Illinois this afternoon as Senate lawyers agreed that he met the chambers rules and could be seated.
“Barring objections from Senate Republicans, we expect Senator-designee Burris to be sworn in and formally seated later this week,” said a joint statement from Senate Majority Leader Harry Reid and Assistant Majority Leader Dick Durbin.
The Senate Democratic Leaders had told Burris last week that he needed to testify before the Illinois House impeachment committee about his relationship with Gov. Rod Blagojevich and submit a signature from Illinois Secretary of State Jesse White certifying his appointment by Blagojevich.
“We have spoken to Mr. Burris to let him know that he is now the Senator-designate from Illinois and as such, will be accorded all the rights and privileges of a Senator-elect,” said the joint statement.
- A Citizen - Monday, Jan 12, 09 @ 3:13 pm:
Fox News is reporting that they believe Burris’ paperwork has been accepted and “We are the Jr. Senator”! Wow, those guys really stick to their traditions, huh> Not - 1884 “Rule” has been nullified by the limp noodles.
- Blago Sphere - Monday, Jan 12, 09 @ 3:17 pm:
This is not really breaking news; I told you this would be the result on Friday:
- Blago Sphere - Friday, Jan 9, 09 @ 1:31 pm:
Jesse can certify (by signature) the copy; but not sign the copy of the original Certificate. The U.S. Senate can accpet the certified copy; in lieu of the original, and they will have both the Governor’s and the Secretary of States signatures and the seal; albeit not in strict conformance with their rules.
- Pot calling kettle - Monday, Jan 12, 09 @ 3:17 pm:
If Obama’s people had not contacted the Gov., that would be unusual behavior. Of course the Pres-elect is going to make his preference known regarding who takes his seat. Now if they had opened a PayPal account under another name so they could bid on the seat in secret…
- Blago Sphere - Monday, Jan 12, 09 @ 3:26 pm:
{Senate Majority Leader Harry Reid (D-Nv.) and Sen. Dick Durbin (D-Ill.), the assistant majority leader issued a joint statement Monday afternoon after the controvery ignited by the tainted Illinois Gov. Blagojevich was resolved.
“We have spoken to Mr. Burris to let him know that he is now the Senator-designate from Illinois and as such, will be accorded all the rights and privileges of a Senator-elect,” they said.}
Burris was lawfully appointed and became the Senator Designate from Illinois on December 31st. Reid and Durbin have simply finally acknowledged this today.
- Bill - Monday, Jan 12, 09 @ 3:28 pm:
YESSSSSSSSS!
Congratulations, SENATOR Burris!
Roland, few people get to realize their dreams. I know that you will do a great job as senator. It couldn’t happen to a better guy.
- Been There - Monday, Jan 12, 09 @ 3:36 pm:
I heard there was guy with a chisel, dressed like Fred Flintstone, out at Oakwood Cemetery already.
- A Citizen - Monday, Jan 12, 09 @ 3:45 pm:
-Bill-
Congratulations - a new cause celebre! And I was feeling badly for your recent loss of guv, good to know you recover quickly!
- tanstaafl - Monday, Jan 12, 09 @ 3:48 pm:
According to AP about 5 min. ago, Reid and Durbin have said Burris is the senator designate and should be sworn in by the end of the week
- Blago Sphere - Monday, Jan 12, 09 @ 3:51 pm:
This is rich:
December 30th:
Within an hour of learning on Tuesday that Gov. Rod R. Blagojevich of Illinois was about to name a Senate successor to President-elect Barack Obama, the Senate Democratic leadership drew a clear line in the sand: Anyone appointed by Mr. Blagojevich, the embattled Illinois chief executive, would not be accorded Senate membership.
A statement issued by the Democratic leadership said bluntly that anyone appointed by Mr. Blagojevich “will not be seated by the Democratic caucus.”}
Today
{ we congratulate Senator-designee Burris on his appointment and we look forward to working with him in the 111th Congress.”}
- VanillaMan - Monday, Jan 12, 09 @ 4:08 pm:
Congratulations Roland!
See, what did I tell you? All you had to do is dance with me, and I’ll make your ambitious, self-serving dreams come true! When I phoned with this offer, I knew I found the right soul. Your deal was tailor made, just for you.
We received your signature through the mail yesterday and all the checks have cleared. You will discover a whole new world of prohibitive power and riches beyond your wildest dreams! Tomorrow, you will be picked up by a chauffeured black car, and your new Senate office awaits your first visit.
Staffers are lining up to pamper your every move. You will find new campaign contributions flooding into a new campaign fund with the personalized touches you requested. Expect to be very busy next week as invitations to every Inaugural event will find their way to you. I personally recommend the special events I have highlighted with a red asterisk. The ones I require you to attend are marked with a double asterisk.
We are so excited by this deal! You have labored long and hard and have earned the credibility you are now spending with us during these upcoming years. As with Mr. Blagojevich, you will discover that it isn’t the destiny that matter, it is the time spent getting there! You will discover we offer the finest in accommodations, especially with gentlemen of your worth.
If you have any questions, please do not hesitate to ask. Should you run low on any funding, you can contact my personal Assistant for Funding, Mr. George Soros. George is a master at handling these kinds of money challenges.
As you also requested, we have sent a gentleman from Southland Memorial Markers to your mausoleum to add to your marvelous list of Earthly accomplishments. He will look forward to your new achievements over the next two years.
As is customary, please expect to be whisked away immediately once your work here is through. We are very excited to finish the deal and your end of our bargain is expected to be paid immediately upon it’s completion. Please see Mr. Faust when you arrive for your permanent placement.
Sincerely,
The Devil
- Carlo - Monday, Jan 12, 09 @ 7:15 pm:
Lets see, Burris get 1.2 million loan/contribution, the firm who gave it also gave 100,000 to Blago, the only political contributions this firm ever gave out, Burris ran for governor in the past to Help Blago, what a joke….on us.