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Kirk: Somebody else should’ve done what I could’ve done myself, but didn’t

Wednesday, Nov 17, 2010 - Posted by Rich Miller

* Oh, for crying out loud

U.S. Senator-elect Mark Kirk is implying that politics has something to do with his not being seated right away in the Senate. […]

Kirk told Don and Roma he’s upset that state Democratic leaders did not work to make sure he be seated right away after his win over Alexi Giannoulias.

“You know, you would have hoped that Illinois leaders would have gone back to Judge (John F.) Grady that ordered this election, and said ‘now that we’ve had a clear victory, and that my opponent conceded, we can seat the new Senator’,” Kirk said.

In case he didn’t realize it, Mark Kirk is actually an “Illinois leader” himself. Kirk or the Republican Party or pretty much anybody else could’ve asked the judge to allow the state not to count military and other absentee ballots and not to conduct the official statewide canvass.

They didn’t.

And, just to repeat myself here, there is no current vacancy in the US Senate. Roland Burris is the Senator, which is why Kirk cannot be appointed to the seat right now. That vacancy does not occur until the results are certified as legal, per the judge’s orders. Burris could step down, but he has the right to remain in place until the judge’s order is fulfilled.

       

53 Comments
  1. - Angry Chicagoan - Wednesday, Nov 17, 10 @ 12:20 pm:

    It doesn’t stop this generation of Republicans from making stuff up, reinventing history or otherwise lying. The latest thing over at the Politico today simply reports as fact the House Republicans’ latest claim that President Obama crashed their meeting in Baltimore last January and that the first they even knew he was coming was when the Secret Service suddenly showed up — yet the president was, in fact, invited by the House GOP to do that Q&A.


  2. - Carl Nyberg - Wednesday, Nov 17, 10 @ 12:23 pm:

    All those editorial boards made a big effort to portray Mark Kirk as one of the adults and a reasonable politician.

    Now we get to see Kirk be petty, shallow and partisan on the big stage.

    Note to editorial boards: if your product sucks, don’t be surprised when people don’t buy it.


  3. - Pot calling kettle - Wednesday, Nov 17, 10 @ 12:30 pm:

    It would have been more interesting if people would have split their ballots and given Alexi a month or so in the Senate before Kirk took over. I wonder if the outrage would still be there.


  4. - Ghost - Wednesday, Nov 17, 10 @ 12:30 pm:

    Kirk couldnt go back to the judge, he was busy fighting off an armed incrusion from Indiana; where he wasl almost killed. Fortunetly with his leadership he was able to guide our border war with Indianna to a Il victory….


  5. - VoterUSA - Wednesday, Nov 17, 10 @ 12:33 pm:

    Kirk is scheduled to be sworn in on the 29th, at noon…But the way the GOP is acting, it wouldn’t surprise me to see Reid wait until Jan 3rd to seat his. Roland Burris is the Senator until that happens.


  6. - Aaron - Wednesday, Nov 17, 10 @ 12:46 pm:

    Rachel Maddow made a similar mistake last night. I wrote an email correcting her and show on it.

    This is a prime example of the simplicity of spreading a lie compared to the difficulty of explaining the truth.


  7. - Carl Nyberg - Wednesday, Nov 17, 10 @ 12:49 pm:

    Mark Kirk’s devotion to the truth in this situation is noted.

    But those lies about his career weren’t really that important to what kind of Senator he would be.


  8. - Responsa - Wednesday, Nov 17, 10 @ 12:49 pm:

    Perhaps lost in this bureaucratic/legal spat is the fact that the voters of Illinois really WERE very much under the impression that when they were asked to vote twice for senator on Nov. 2, the replacement for Burris would be seated immediately–regardless of whether it was Alexi or Kirk who won. I know this because I sat there in the polls for 16 hours and listened to people kvetch about the costs/timing of the “two month tour” election, but even moreso did they kvetch about the initial Blago appointment of Burris which they believed was finally being rectified at the polling place. If he had any class and respect for Illinois voters, Burris WOULD have stepped down right after the election to make way for the elected one. I would make this exact same point had Alexi won instead of Kirk.


  9. - UISer - Wednesday, Nov 17, 10 @ 12:58 pm:

    CU Down,

    “Except for the laws of their particular states…”

    That would be a difference


  10. - And I Approved This Message - Wednesday, Nov 17, 10 @ 1:04 pm:

    CU- Manchin (WV) and Coons (Del) were sworn in on Monday. Their laws are different.


  11. - downstate and feed up - Wednesday, Nov 17, 10 @ 1:05 pm:

    What happen to the Republican cry of “Let every vote count for the military”?


  12. - A.B. - Wednesday, Nov 17, 10 @ 1:05 pm:

    Of course Kirk said this, he should. He is advocating for himself.

    One question, was this a simple response during a larger discussion, OR was the entire interview around when he should or shouldn’t be seated?


  13. - CU Down - Wednesday, Nov 17, 10 @ 1:07 pm:

    yes, there laws are different about the swearing in. What isn’t different is to what constitutes a “vacancy” The US Constitution says it’s when the person elected leaves office. For all three of these, there were temporary appointments as defined by the Constitution. Once again, I just want to understand why Rich claims that there is some sort of nonvacancy in this situation that is somehow different than the situations in Delaware and WV.


  14. - UISer - Wednesday, Nov 17, 10 @ 1:21 pm:

    CU,

    The difference is based, like you said, in the law of the other states. In both West Virginia and Delaware the appointment was temporary, the appointed Senators only served until the conclusion of the next election. Illinois election law allows for the Governor to appoint for the remainder of the term. That is the difference. The only reason this is an issue, is because of a federal judge saying that the Illinois law is unconstitutitonal. So, under current Illinois law there is not vacancy. However, the federal courts stepped in to make the process that much more confusing. You know, those “activist” judges the right is always railing against.


  15. - CU Down - Wednesday, Nov 17, 10 @ 1:40 pm:

    UIS, that’s wrong. The constitution says that the appointments in Illinois, Delaware, and WV were all “temporary appointments until the people fill the vacancies by election ”

    There is no distinction between these three situations. Burris’s situation was no different than Kaufman’s.

    When Rich says “there is no vacancy” it’s just flat out wrong.

    As to the larger point, Kirk is being silly. The SBE could have created a more expedited schedule, but they didn’t and while I don’t know the vote, there must have been at least one GOP person to vote for it and I’m guessing there were four.

    But the fact remains that the situations were the same and that the Illinois legislature could have set up a way to get this done more quickly.


  16. - Rich Miller - Wednesday, Nov 17, 10 @ 1:41 pm:

    ===“temporary appointments until the people fill the vacancies by election ” ===

    Exactly. And that’s why there is no vacancy. The election is not yet legally finished.


  17. - CU Down - Wednesday, Nov 17, 10 @ 1:45 pm:

    Rich, did you really read that. The vacancy existed as soon as Obama left. The vacancy existed as soon as Biden left. Kaufman and Burris were “temporary appointments”.

    I keep asking, but keep getting no answer. Why do you keep insisting that there is some sort of difference between the Delaware vacancy and the Illinois vacancy?


  18. - chiatty - Wednesday, Nov 17, 10 @ 1:45 pm:

    Kirk comes off, as usual, as a bit of a weenie. Hopefully, he’ll grow into the job, but I’m not holding my breath.


  19. - wordslinger - Wednesday, Nov 17, 10 @ 1:48 pm:

    What a weird thing to say. In what parallel universe does that make sense? If anyone has standing to go before a judge and ask whatever it is he’s suggesting, it’s Kirk.

    Kirk is living in that Excellent Place again.


  20. - VoterUSA - Wednesday, Nov 17, 10 @ 1:51 pm:

    CU???…what don’t you get??
    There is NO vacancy until Kirk raises his right hand…why is that so hard to see??


  21. - VoterUSA - Wednesday, Nov 17, 10 @ 1:53 pm:

    LMAO, Ok after reading what I just wrote cracked me up… but you get what I’m saying.


  22. - Rich Miller - Wednesday, Nov 17, 10 @ 1:57 pm:

    CU, one again, the Illinois election is not complete. Until it is complete, Roland Burris can stay right where he is.


  23. - D.P. Gumby - Wednesday, Nov 17, 10 @ 1:59 pm:

    CU, UC but you do not comprehend. One cannot go back an undo the Illinois law that the Judge said had to be changed. The Judge’s order specified what was to occur. The order said there was to be an election. Illinois election law governs the election. The election is not complete until the votes are counted and certified. Whether it was a “vacancy” or whatever you want to hairsplit it is, now, irrelevant. Move on.


  24. - Anonymous - Wednesday, Nov 17, 10 @ 2:04 pm:

    ==CU???…what don’t you get??
    There is NO vacancy until Kirk raises his right hand…why is that so hard to see?? ==

    No, there will be a vacancy once the election results are certified. There could very will be a few days in between that and when Kirk is sworn in.


  25. - CU Down - Wednesday, Nov 17, 10 @ 2:10 pm:

    “Whether it was a “vacancy” or whatever you want to hairsplit it is, now, irrelevant. Move on. ”

    Actually, I agree. Which is why I can’t figure out why Rich keeps insisting there’s “no vacancy”. Of course there’s a vacancy, in Illinois, Delaware, and WV. It will be filled when Kirk gets sworn in and was filled Monday when Coons and Manchin were sworn in.

    I have no problem with the way the law is being executed. I do have a problem with people suggesting that the situations between the three vacancies were different and therefore couldn’t be compared.

    And Rich, I agree, Burris stays until the election is certified. Which I said last week as well.

    I get it. You didn’t want to answer last week, and now as well.

    The idea that there is “no vacancy” in Illinois but that there somehow was a vacancy in Delaware is just wrong.


  26. - Amalia - Wednesday, Nov 17, 10 @ 2:10 pm:

    come on Sen. Kirk……shut it or do something about it! be a leader, or go shopping/make a turkey/watch football for a while. this talk is adding to the toxic environment. Illinois does not need it.


  27. - CLJ - Wednesday, Nov 17, 10 @ 2:23 pm:

    If Burris stepped down on say November 3rd, would we be required to have another election to fill the vacancy until the certification of special election votes to fill the Obama vacancy?


  28. - Louis G. Atsaves - Wednesday, Nov 17, 10 @ 2:27 pm:

    The two month temporary election problem was created by Democrats who refused to allow a special election to be timely called in this matter. So the Democrats ultimately ratified the “temporary” appointment of Roland Burris, and pretended that no special election would be required. Too costly to call a special election, they huffed. So the voices of the people were elbowed to the side. By the so-called party of the people: Democrats!

    It took a federal court to order what the Democrats turned a blind eye to.

    Now Democrats are upset that people are agitating for Kirk to be seated earlier than required by the law. Suddenly Democrats after refusing to follow the law of special elections, now want to follow the law to the letter.

    And somehow this is all Kirk’s fault! Kirk is also to be ridiculed for not completely respecting the law that the Democrats completely disrespected to the point where a federal judge had to set everything straight.

    Or did everyone else “misremember” the facts which lead to all this nonsense?

    LOL!


  29. - Ghost - Wednesday, Nov 17, 10 @ 2:32 pm:

    I should have voted for Alexi /sigh….


  30. - Wally - Wednesday, Nov 17, 10 @ 2:35 pm:

    Oh, I get it. If it is a Repub, it is whining. If it is Dem, he or she is justifiably outraged. I understand now!

    Let Roland stay as Senator a while longer so he can REALLY earn that tag as Most Clueless Senator.


  31. - bored now - Wednesday, Nov 17, 10 @ 2:41 pm:

    Responsa: i agree that (some) voters were under that impression == although probably due to the misinformation spread by kirk himself (especially in his fund-raising appeals). but voters are stupid. whatcha gonna do?


  32. - Who Cares - Wednesday, Nov 17, 10 @ 2:48 pm:

    Kirk’s getting an early start on HIS head stone.


  33. - Anonymous - Wednesday, Nov 17, 10 @ 2:49 pm:

    Louis G. Atsaves - what, for you the world began 2 years ago? The Illinois procedure for filling vacancies has been in place since the state went to “consolidated” elections many years ago, to save on the cost of multiple special elections, school board elections, etc. It was all to save money, not to screw Republicans or Democrats, and it applied to all offices, not just U.S. Senate. All elections were consolidated onto specified, routine dates. No one challenged the law at the time and both parties accepted it. It was only when the Republicans saw an opportunity to take Obama’s seat after he became President that they started screaming for an immediate special election. That wasn’t “principled”, that was purely partisan. And Republicans didn’t argue that it was unconstitutional, just that it wasn’t “fair”. It was two Democrats - Marty Oberman and Tom Geoghegan - who sued to get it ruled unconstitutional. SO, get your own facts right.


  34. - shore - Wednesday, Nov 17, 10 @ 2:55 pm:

    The interview was 15 minutes of love from don wade and roma to the congressman, and basically a pep rally for him. Lots of BRUTALLY tough zingers like “we think you’ll do great” and “perfect answer” and “couldn’t have said it better myself” and “exactly right” covering a wide variety of kirk friendly topics like cracking down on washington, fighting wasteful spending, saving the military.

    I for one am interested to see some reporter get this new gop tea party group on record about defense cuts to boeing or smaller chicago based defense contractors. Kirk said he’d cut a combatant command based in virginia but what happens january 3, 2011 when some congressman from new york or alabama says to kinzinger, walsh, dold , schilling, hultgren, you say you’re for cutting the fat in dc, let’s cut these boeing programs or lets cut some afghanistan contract for a company in the south/west/north suburbs.

    These guys are going to have to either stay true to their word about cutting dc or cut the military/jobs in their district.


  35. - Sue - Wednesday, Nov 17, 10 @ 3:31 pm:

    It is nothing short of reprehensible that Kirk hasn’t been seated and we have to suffer the continuing represenation of the bufoon Blagojevich appointed- The Courts ruled that Burris needed to go as soon as the State could conduct an election, Illinois determined that it was not economical to have an election on a day other then November 2. Kirk won and he should be seated immediately. The citizens of this State continue to be held hostage by the ongoing games which are otherwise known as Illinois democratic politics


  36. - Dr Kilovolt - Wednesday, Nov 17, 10 @ 3:38 pm:

    Has anyone asked Kirk if he will finally be withdrawing his commission in the Navy Reserve? Perhaps the 10th district didn’t rate a full time representative, but the State of Illinois certainly deserves a full time senator. Aren’t there constitutional issues with him being part of both the Executive and Legislative Branches?

    And frankly, as a taxpayer I’m not so keen on having to pay BOTH his military and senatorial pensions someday.


  37. - just sayin' - Wednesday, Nov 17, 10 @ 3:48 pm:

    Oh god I can’t believe we’ve gotta deal with this big baby for at least another 6 years. There is something seriously wrong with Mark Kirk.


  38. - Wally - Wednesday, Nov 17, 10 @ 3:58 pm:

    just sayin———You would be up in arms if it was Alexi and he was sitting on the sidelines.


  39. - just sayin' - Wednesday, Nov 17, 10 @ 4:05 pm:

    In fact you are 100% wrong Wally. Any other comments, stupid or otherwise?


  40. - Jaded - Wednesday, Nov 17, 10 @ 4:11 pm:

    Just Sayin,
    I’ll trade you a US senator and 4 members of congress for the Governor’s mansion. Deal?


  41. - Louis G. Atsaves - Wednesday, Nov 17, 10 @ 4:14 pm:

    Anon: No one challenged the law? How did it end up in Federal Court? By magic? All by itself?

    The partisanship which created this nonsense was caused by the Democrats. Deal with it.

    I have. :-)


  42. - Wensicia - Wednesday, Nov 17, 10 @ 4:59 pm:

    Typical Kirk BS. He won, why is he still whining?


  43. - phil sanders - Wednesday, Nov 17, 10 @ 5:49 pm:

    How this clown actually won a statewide election is still quite stunning. He lives in another world. He believes that he can go on the radio and lie and nobody will challenge him Good job Rich That why you get the big money


  44. - ANON - Wednesday, Nov 17, 10 @ 6:06 pm:

    phil sanders, it shouldn’t be that stunning. When a clown runs against a dunce, the clown wins more often than not.


  45. - Judgment Day Is On The Way - Wednesday, Nov 17, 10 @ 6:16 pm:

    If Mark Kirk was really, really smart and wants to be ahead of the game, he would already have up his “Senator-Elect Mark Kirk” website and already be hard at work “working the room”, only digitally.

    Forget the whining - get yourself out there ahead of the game with your citizens. You remember us, “We The People”…

    That approach would certainly put Kirk miles ahead of whatever Roland Burris did for the citizens of the State of Illinois all this time, which apparently was a whole lot of nothing.


  46. - The REAL Anonymous fka Anonymous - Wednesday, Nov 17, 10 @ 7:04 pm:

    =Kirk’s getting an early start on HIS head stone.=

    That’s a really crass thing to say, Who Cares.


  47. - fed up - Wednesday, Nov 17, 10 @ 7:25 pm:

    Or the Dems and Pat Quinn could have followed the law to begin with and held the election to replace Obama in a timely manner. But they were happy with the patsy Burris.


  48. - Joe Blow - Thursday, Nov 18, 10 @ 2:19 am:

    Hey Kirk haters.. Bite it.. You lost. If I have to put up with Quinn for 4 years then you can put up with Kirk for 6.1 years.


  49. - bored now - Thursday, Nov 18, 10 @ 7:20 am:

    Joe Blow: lol. are you kidding? we get to mock mark kirk for the next six years! it’ll be a lot of fun. this cartoon character is perfectly suited to adding hilarity to illinois politics…


  50. - Doug - Thursday, Nov 18, 10 @ 7:34 am:

    The Constitution of the United States says a U.S. Senator is elected to a 6 year term..If there were not two sets of votes for the U.S. Senate Race in Illinois, then how can one election give somebody longer than a 6 year term..Where are all the people who want to follow the Constitution ??


  51. - Yellow Dog Democrat - Thursday, Nov 18, 10 @ 7:42 am:

    Great. We get the U.S. Senator who whines like a baby.

    How do you win an election and act like such a sore loser?


  52. - ironman - Thursday, Nov 18, 10 @ 7:51 am:

    typical Chicago controlling the state. I suppose the judge is non political?


  53. - wordslinger - Thursday, Nov 18, 10 @ 8:22 am:

    –typical Chicago controlling the state. I suppose the judge is non political?–

    That’s right, Ironhead, you cut to the heart of the Bolshevik conspiracy.

    Judge Grady is a Lake County Republican (hey, like Kirk) appointed by Pres. Ford to the federal bench on the recommendation of Sen. Percy in 1975. Thirty five years on the federal bench and he threw his sterling reputation away to somehow (I still don’t understand the conspiracy) screw Mark Kirk out of a couple days seniority.

    Typical Lake County Ford-Percy GOP dirty politics. Kirk is right, and very statesmanlike, to promote the conspiracy.


Sorry, comments for this post are now closed.


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