Editore"s Note
Tilting at Windmills

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December 10, 2008

REID'S SHOT ACROSS BLAGOJEVICH'S BOW.... There haven't been any reports over the last 48 hours indicating Rod Blagojevich's intention to go ahead and fill the Senate vacancy, but just in case he's thinking about, the Senate's Democratic leadership wants him to understand where they're coming from.

Senator Harry Reid is drawing a fairly bold line in the political sand in regards to the ethical missteps surrounding Rod Blagojevich.

On Wednesday, the Majority Leader and Sen. Dick Durbin drafted a letter -- which they subsequently urged their Democratic colleagues to sign -- that calls on the Illinois Governor to not just remove himself from office but to "under no circumstance" make a last-minute appointment to fill Barack Obama's vacant Senate seat.

Should Blagojevich disregard these warnings, Reid and Durbin write, the Senate would "be forced to exercise our Constitutional authority under Article I, Section 5, to determine whether such a person should be seated."

The letter, obtained by the Huffington Post, will be sent around to Democratic offices this afternoon. And it leaves very little wiggle room for potential signatories -- you either think Blagojevich should be gone or you don't.

The text is short on ambiguity: "We write to insist that you step down as Governor of Illinois and under no circumstance make an appointment to fill the vacant Illinois Senate seat. In light of your arrest yesterday on alleged federal corruption charges related to that Senate seat, any appointment by you would raise serious questions."

There are still questions about how long Blagojevich can remain governor, but it now appears overwhelmingly clear that he will not fill the open Senate seat.

Steve Benen 4:35 PM Permalink | Trackbacks | Comments (20)
 
Comments

I'm confused as to why Jesse Jackson Jr. just did a press conference. He has been accused of nothing. If he is innocent, it just seemed un-necessary. I understand he might be angry or anxious that his chances of becoming senator are diminished, but I don't think speaking publicly about his innocence was the way to go about it.

To be honest, it felt a bit opportunistic. At the least, it seemed bad timing and overly defensive.

Posted by: Jane on December 10, 2008 at 4:45 PM | PERMALINK

Oh come on; you're expecting Harry Reid to hold to a threat? The likely scenario is that Blago will indeed appoint some completely unacceptable arse-dumpling to the post (after legally changing the person's name to HarryReidIsRodBlagojevichsWhore), and Reid will welcome them to the Senate and perform an official ball-licking cermony on the floor of the Senate - probably set them up with some plum Chairmenships also.

Posted by: Phalamir on December 10, 2008 at 4:48 PM | PERMALINK

I guess Reid is planning to give Lieberman a unique double-seat in the Senate. Just wait for it.

Posted by: SteinL on December 10, 2008 at 4:50 PM | PERMALINK

Why are David Vitter and Larry Craig still in Congress?

Posted by: OwnedByTwoCats on December 10, 2008 at 4:54 PM | PERMALINK

They should have put it in language that Blago can understand:

"You've got this thing and it's [expletive] golden, and, uh, uh, you're just going to give it up for [expletive] nothing. You're gonna do it. And, and you can no longer use it. You cannot parachute yourself there."

Posted by: rusrus on December 10, 2008 at 4:58 PM | PERMALINK

Even if Blago appoints someone to the vacant seat, the US Senate may not need to act. The Il SecState has to certify the choice, and I'm betting Jesse White is already marshalling his arguments for a refusal. One more layer for safety, and it lets Illinois take care of this, somewhat belatedly, in-house.

Posted by: Tim H on December 10, 2008 at 4:59 PM | PERMALINK

Vitter and Craig are still there because expelling an already-seated member is different than refusing to seat a member-designate to start with. It's easier to keep people out than to get rid of them once they are in the door.

Posted by: Tim H on December 10, 2008 at 5:01 PM | PERMALINK

OwnedByTwoCats - you're silly. Due to the strict rule of IOKIYAR!

Posted by: sduffys on December 10, 2008 at 5:05 PM | PERMALINK

Tim H - I think you're wrong. Every news report I've seen has made it pretty clear that appointing a replacement Senator is at the sole discretion oof the govenor. The leglislature has no say in the matter.

There is a move in the state legislature to change the law. But nothing has happened yet.

At this point Blagojevich could appoint his housekeeper to the job and nothing could be done to stop him.

Posted by: thorin-1 on December 10, 2008 at 5:55 PM | PERMALINK

Aaaahh.... No one writes a stern letter like Harry! He has had to do it so often, it's interfered with his actually taking action on anything.

Posted by: David Langdon on December 10, 2008 at 6:05 PM | PERMALINK

We've heard a few scenarios now about stopping any appointment by Blago, including impeachment, legislation for a special election (how is THAT done with a sitting Gov?), resignation (very doubtful he'd do so), and now the Senate won't allow him to be seated? (Counting on Reid not to buckle is like thinking spaghetti doesn't get soft when it's cooked). Question: isn't it possible to get a temporary injunction to BLOCK any appointment he might try to make?

Posted by: impeachcheneythenbush on December 10, 2008 at 6:15 PM | PERMALINK

Politicians are worse than lawyers.

Ooops. Too many of 'em are lawyers.

Why can't you trust a lawyer?

Because even when they're dead, they lie still.

Posted by: Tom Nicholson on December 10, 2008 at 6:27 PM | PERMALINK

Reid's threat is bogus. Powell vs. McCormick (1969) holds that Congress cannot add to the constitutional qualifications of members in exercising their powers under Article I, Section 5. If the person Blago appoints meets the residency, citizenship, and age requirements of the Constitution, then they cannot refuse to seat him.

This is taught in undergrad con law classes. Reid's General Counsel should know this.

Posted by: Frannie on December 10, 2008 at 7:01 PM | PERMALINK

Funny, Reid grows balls when confronting Democrats, but is a complete coward when having to confront Republicans.

Posted by: gttim on December 10, 2008 at 8:32 PM | PERMALINK

Frannie,

There are precedents for not seating both an appointed and a duly elected senator. I can't believe you're making me defend Reid, but it is within the senate's jurisdiction to refuse the seat.

Perhaps you should seek a better law school.

Posted by: doubtful on December 10, 2008 at 10:26 PM | PERMALINK


Surely, even if they couldn't refuse to seat the appointee (say, Blajovich himself!), they could make the seat effectively useless, by not admitting him to the caucus and not allowing him the floor, or to submit any legislation, etc. He would be a Senator in name only, and basically a laughingstock.

Rod needs to be impeached, pronto, bottom line. He ain't gonna resign unless it keeps him out of prison, and I don't see Fitz conceding that.

Posted by: winner on December 10, 2008 at 10:40 PM | PERMALINK

Relax guys, do you think there is anyone in Illinois who would accept appointment by Blago now? I can't imagine a quicker way to end a political career.

Posted by: tomeck on December 11, 2008 at 12:37 AM | PERMALINK

There are still questions about how long Blagojevich can remain governor, but it now appears overwhelmingly clear that he will not fill the open Senate seat.

I hope that you are right, but don't underestimate the pugnacity, persistence or tenacity of people in power. If he named a Senator tomorrow who was reasonably competent and a committed Democrat, the nominee would most likely be able to serve.

Posted by: MatthewRMarler on December 11, 2008 at 12:53 AM | PERMALINK

Jane, the reason JJJr. held a press conference was because he'd been seen entering and exiting a meeting with Fitzgerald that lasted 90 minutes. The media vultures were buzzing about it; he really had no choice but to get out there and get his story told before the pundits made one up for him.

Posted by: Karen on December 11, 2008 at 1:07 AM | PERMALINK

Check it out, Doubtful. Powell vs. McCormack, unlike many recent Supreme Court decisions, lays down black letter law. Whatever happened with contested seats before this, the law is clear now. Reid's threat is constitutionally unsound. Politically, it might work. The Senate could refuse to seat a Blago appointee, and the matter could be tied up in the courts for a while. But unless the Sup. Ct. is prepared to overrule itself, this one is settled.

Posted by: Frannie on December 11, 2008 at 10:36 AM | PERMALINK




 

 
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