When the hell did subpoenas become optional in this country?

Burris is a clown and proving it daily. He knew he would have no legitimate shot at the seat under any other governor, so he is holding on to it tightly. Hell, he wasn't even Blago's first pick.

Burris is learning why most people declined or would have declined to be appointed Senator by Governor Blagojevich. This is just one of the problems with this appointment: if a governor is such as embarrassment that people refuse to be appointed Senator by him, then what does it say about the quality of the person who finally says yes? Does Illinois deserve better?

Burris hadn't counted on opposition and did not factor the depth of sentiment against Blago or he wouldn't have laid down with that particular dog. Now he realizes that HE has fleas and his mojo wasnt strong enough to overcome that. The question that he now has to answer for himself is how much of his cred and reputation is he going to damage trying to muscle this in for Governor Dead Man Walking...Either way he loses face but he should have thought about it a little longer. His ambition got the better of him, me thinks.

Sadly, Blago is having some great laughs over this is my guess...He always intended this to be a thumb in the eye of the Dem leadership - including Obama

"Burris expressed total confusion as to why anyone would question his status as a senator-designate."

I'm pretty confused by that myself. I guess that Democrats and lefty bloggers are taking up the Bushie habit of believing that the Constitution applies only when convenient.

Does Illinois deserve better? -paul

We elected Rod Blagojevich twice, so I'm not certain I want to ponder an answer to that question. :)

He was subpoenaed Saturday to appear the day after tomorrow? Hmmm. Why not today? Or Thursday?

I'm pretty confused by that myself.

You have a governor on tape who is clearly trying to sell the seat. He has every reason to believe he is being taped, and yet insists it was not illegal. The Senate has the right and the obligation to challenge the "return". But ColinLaney's comment is truly ironic, coming from a Republican.

Technically, isn't his appointment illegitimate, since IL Secretary of State Jesse White (also a Dem, but one that will be re-elected) wouldn't sign the papers he needed signed (by SOS and Gov G-Rod)?

I heard they are trying to get G-Rod impeached by Thursday, so probably the urgency of the supeona.

I know we've kind of lost sight of this, especially after 8 years of Bush, but, um, there is this quaint thing we used to call the rule of law. However odious Blago is, nothing in the specific appointment of Burris seems to illegal (are there any claims of impropriety in the selection of Burris?). The sitting governor selecting a replacement for a vacant Senate seat is how the state of Illinois determined it wanted to fill such vacancies. How on earth can the Senate refuse to seat him? If the Senate is allowed to *not* seat Burris, doesn't that effectively give it the right to over rule any Senate election? Look no further than Senate Republicans' threat to not seat Franken.

Is anyone on this blog truly OK with the notion that incumbent Senators can usurp the will of the people of any state by refusing to seat a Senator who came by that seat through any means that that body deems objectionable? That seems to be the precedent being established that is being vigorously defended here.

The more I see of the US Senate the more it looks like the most undemocratic body of any major democracy in the world.

(NOTE: Nothing I have said here is a defense of Blago who truly seems to be a buffoon, or Burris, who should have turned down the appointment, IMHO)

avi - The lack of certification by Jesse White is the reason the Senate is currently using to block Burris. I doubt that will hold up in court, but it is how they are delaying his seating.

You're right about the early impeachment, though it would only be through the impeachment committee this week. But that would explain the urgency of the subpoena. Thanks.

Illinois doing what it can to embarrass Obama -- turning into one hell of a spectacle, this administration and the Dem majority rule.

Watching the Richardson and Burris pressers I really don't need any more entertainment for a while.

"Illinois doing what it can to embarrass Obama -- turning into one hell of a spectacle"

While SteinL seems to miss that great ethical rigor that we had under the Republicans, I must reflect on the reality that corruption taints everyone, all the time. THIS is why you have to weed out the really bad actors as early as possible in their careers. They taint themselves, any one who ever interacted with them and the whole system. Cynicism prevails making it very very hard to do anything, much less the really hard things before us.

And SteinL, assuming that you are patriotic, one would assume that you might want enough of the system to work to try to fix the fine mess we are in -- one that I must say, had both Democratic and Republican contributions. But then, who would expect you to be other than a cynical Republibot....

Vince is absolutely right, and I can only marvel at the epic ineptitude of the Senate Democratic caucus at turning Blago's scandal into a PR disaster for itself. Calling the Capitol police to prevent a validly appointed senator from entering the chamber? My God; it does evoke Little Rock, and Harry Reid is a fool for letting himself be put into this position. Better 2 years with Burris than that the Senate majority continue to embarrass itself like this.

I'm apoplectic as far as the GOP is concerned, Elie. That doesn't condone the fine capacity for FUBAR that the Dem's are capable of.

The GOP at least gets what they want to do done, even if it ends up messing up everything.
We now have Reid saying he'll sic the Police on Burris, should he turn up. Amusing.

Jessie White himself has said that his signature is a formality, and not needed. Roland Burris is the legally appointed Senator from Illinois, and under the Constitution there is nothing that the Senate can do to avoid seating him - as we know from the Adam Clayton Powell case. Moreover, he is more competent and qualified for the position than most Senators, and there is no reason to believe that he was involved in any of Blagojevich's alleged improprieties (I think Blagojevich is guilty, but he hasn't been proven guilty and it is not at all clear that there is enough evidence to convict him).
As many people have said, let's quit behaving like Republicans and show some respect for the law!

Burris' was paraphrased. I have the whole transcript:

"The appointment was legal and Illinois is not an embarrassment.
Try to understand...
Try to understand... Try, try try to understand.
I'm a magic man."

With thanks to Ann n' Nancy

I would be perplexed too...

Burris is clearly the legal Senator from Illinois. The Illinois Senate had it's say, and didn't change the law. They call it an 'appointment' and not a 'nomination' for a reason. The same goes for the Illinois SoS. The Senate is only qualified to prevent people from being elected when they do not fit the constitutional outlines as to who a Senator can be. An appointment is technically called a 'Writ of Election' precisely because of the word games some want to play so they can ignore the constitution.

Burris is the Senator, trying to run the clock out on a pointless lawsuit on an issue that's been ruled on before doesn't do anything but prove that when it comes to pissing on the constitution, Democrats really are no better than Republicans.

SteinL --

You are right -- it is an embarrassing mess that the Dems did to themselves.

This could cut a lot of ways. Burris may nurse a grudge even if seated and be a pain in the tail for Obama.

Burris clearly took advantage of a bad situation and muscled it to his advantage. I still think that Blago is enjoying it though if I were him I wouldnt be too obvious about it..

If have the feeling that the Congress and other state leaders haven't really dialed into how much trouble we are in and what they should be paying attention to or else there wouldnt be all this trivia -- and that is what it is....

Technically, isn't his appointment illegitimate, since IL Secretary of State Jesse White (also a Dem, but one that will be re-elected) wouldn't sign the papers he needed signed (by SOS and Gov G-Rod)?

The refusal of an official to perform a legally-required ministerial act to confirm an appointment probably doesn't make the appointment "illegitimate", but it is a good way of muddying the waters and making it harder to sort out legally. (It's also an abuse of office.)

Of course, the intent is just to muddy the waters, in the hopes that it will stall any resolution in Burris's favor long enough to impeach Blago and have his successor appoint someone else.

Of course, the question of the legality of Burris's appointment will still be active, since if Burris was legally appointed, Blago's successor can't appoint someone else. But the idea is that the Senate seats the successor, establishes a fait accompli, and hopes that by the time the courts rule, the issue is moot by the subsequent election.

Burris was reminded that he's been subpoenaed to appear in Springfield as part of the impeachment probe at the same time he plans to be in Washington to negotiate for the Senate seat. Asked how he would do both at the same time, Burris said, "I'm the magic man."

The Illinois Assembly will simply have to decide whether they prefer for him to be in Springfield or Washington, D.C. A simple teleconference should suffice.

Senate democrats don't want to seat Burris because his appointment was "tainted?" Why the ***k did they not have this wisdom when Bush was making his appointments? Clearly, Bush lied to the country and ruined it, so any of his appointments/nominations were tainted by his actions. The senate democrats had no problem with most of those nominations, however tainted Bush was.

If Blag is tainted, impeach him. There was plenty of time to do that. If you can't impeach him, accept him for what he is -- a Governor with power to make this appointment.

Most people I talk to say "If Burris just didn't look so eager..."

Its a fools game.

There's a reason Burris was "retired," no one reelected him, to any office in the state of Il.

Judy Barr Topinka looks better everyday.

Danp: "But ColinLaney's comment is truly ironic, coming from a Republican."

I'm not a Republican. I worked for Obama. I'm active in the antiwar movement. I just have this quaint idea that the Constitution applies to Democrats. Evidently Danp doesn't agree. Danp's only objection to Bush/Cheney's claiming they are above the law seems to be that they are Republicans.

Until Blago resigns or is impeached, he is governor. He appoints the senator. The facts that Blago is a crook and Burris a jerk are of no constitutional importance.