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Tilting at Windmills

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January 10, 2009

BURRIS TAKES A STEP CLOSER TO THE SENATE.... The Illinois Supreme Court ruled yesterday that it can't force Illinois Secretary of State Jesse White to certify Roland Burris' Senate appointment, but it doesn't really matter, the justices said, because Burris doesn't really need the certification for the appointment to be legitimate.

The Democratic leadership in the U.S. Senate said Burris isn't going anywhere without certification. Last night, White made Harry Reid's job a little tougher when he went ahead, reversed course, and certified the appointment.

Former Illinois Attorney General Roland Burris (D) was one step closer Friday evening to succeeding President-elect Barack Obama as his state's junior Senator, following Illinois Secretary of State Jesse White's (D) move to certify the appointment by embattled Gov. Rod Blagojevich (D).

White's signature approving the appointment came hours after the Illinois Supreme Court ruled that White' signature of certification was not necessary for the governor's appointee to be considered legally able to take office as Senator.

Harry Reid really wanted to punt this mess to officials in Illinois. The officials have clearly punted it right back.

The Politico noted that White's decision "leaves Burris and the Democrats in much the same positions as they held at the beginning of the week -- with Burris claiming he's entitled to take Obama's vacant Senate seat, and Democrats grappling over whether to accept the appointment."

Reid spokesman Jim Manley told reporters, "The Senate Parliamentarian, the Secretary of the Senate and Senate Legal Counsel are advising Senate Leadership as we consider a way forward."

At this point, I'm not sure what more there is to mull over. Reid and Durbin said a few days ago that Burris would be in good shape if he testified to the state impeachment committee and got his appointment certified by the Illinois Secretary of State. Burris seems to have checked these items off his to-do list.

In a story with this many twists and turns, it's hard to say what'll happen next, but the Politico piece argued that the Senate Democratic leadership "misread the governor's willingness to say a 'big F-you' to the Senate, in the words of one top aide, just as they later underestimated Burris' ego and willingness to engage in open political warfare to get his seat."

Sounds about right.

Update: In an apparent attempt to make this as complicated as possible, there's actualy a question about whether White "certified" the appointment. Roll Call and the Politico both reported that he did. But now it appears what White signed last night was actually just an acknowledgement that Blagojevich filed the document relating to the appointment. The document is titled "Certificate," and White signed that last night, but as far as White is concerned he still hasn't "certified" anything.

Have I mentioned how much I hate this story?

Steve Benen 10:15 AM Permalink | Trackbacks | Comments (20)

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... the Senate Democratic leadership "misread the governor's willingness to say a 'big F-you' to the Senate ..."

Gee, Blago had the balls to try and sell the seat and the Senate leadership thought he would never cross them.


... just as they later underestimated Burris' ego and willingness to engage in open political warfare to get his seat."

Blago and Burris, a great political tag team.

Posted by: CarlP on January 10, 2009 at 10:22 AM | PERMALINK

I agree that Reid and Co. bobbled this one pretty badly, but I also think the way forward is clear. The Senate insisted that "its rules" be followed, and they were, and now everything is in order and Burris will be seated.

The media fuss will die down almost immediately -- it was always a bit of a tempest in a teapot anyway, due in part to the slow-news holiday season -- and everybody will conveniently overlook the fact that now there's only one seat left to fill, and it's the REPUBLICANS who look bad while it sits empty.

I don't know about what impact this has on Reid, though. He was pretty steady as Minority Leader -- lived up to that Golden Gloves reputation -- but he's really seemed off his game recently. The Senate is where all the Big Issues will be decided this term, where all the Big Fights will be, and Obama needs a skilled and, when necessary, forceful leader there. I hope Reid gets back in trim, or there may be a revolt before long.

Posted by: bleh on January 10, 2009 at 10:25 AM | PERMALINK

The really discouraging thing is how little choice the voter has in these "democratic" outcomes. Stopping the opportunity for a special election was a very serious blunder that should not be rewarded.

It really irks me that many people are blaming the voters for this debacle with Blago in IL. We really do not have much choice in who decides to run or is funded to run in the primaries. In the case of Blagojevich's first campaign for governor, Burris siphoned off enough votes in Chicago to enable Blagojevich to win the primary. And those big interests that did corruptly fund Blago's reelection campaign are heavily responsible for enabling his reelection. Who is calling their names?

The system is seriously dysfunctional in providing voters with real choices. Money will continue to weigh too heavily in picking our "choices". The deck is heavily stacked against us.

Posted by: lou on January 10, 2009 at 11:01 AM | PERMALINK

The best laid plans of mice and men.

Posted by: EC Sedgwick on January 10, 2009 at 11:10 AM | PERMALINK

This is one case where the phrase "nobody could have predicted" really does apply. Everybody and his brother, not just Reid and Durbin, warned Blago not to appoint a senator, Rod himself said he favored a special election. His lawyer categorically dismissed the idea he'd appoint someone like the reporter asked if he had plans to invade Iowa.

Then instead of bringing a special election law or impeachment to the floor of the state house IL House Speaker Mike Madigan dithered while his daughter Lisa Madigan petitioned the IL Supreme Court to remove Blago on grounds of incapacitation. That ploy failed, but it was obvious the contention would be included in the articles of impeachment. If it had worked this mess would have ended quickly and the Madigans would have the bonus of making Lisa the heroine that slayed the evil governor.

That backfired. There's no better way for Blago to prove he's doing his job than by doing his job. So he signed a few bills into law and appointed a senator before the deadline.

When it came down to it nobody figured when regime change became inevitable Rod Blagojevich would be crazier than Saddam Hussein. Anyone who was surprised when he appointed Burris is just as gullible as Reid. I'd say that's about 99% of the country.

Posted by: markg8 on January 10, 2009 at 11:22 AM | PERMALINK

I don't think this Roll Call article is correct. A separate AP report quoted a White spokesman saying that the letter was sent at the request of the Blagojevich's office and "just acknowledges the document was filed."

If you look at Durbin's comments yesterday, it doesn't seem like that is going to be a valid "certification" in the eyes of the Senate.

http://progressillinois.com/2009/1/10/did-white-certify-burris-appt

Posted by: Josh Kalven on January 10, 2009 at 11:23 AM | PERMALINK

At the end of the day, I think Reid accomplished what he wanted to, which is change the media story from 'Dems Cave to Corrupt Gov,' to 'Dems Fail to Block Appointment.'

Neither is particularly grand; Rod didn't leave anyone a good option, but I'll take weak over corrupt.

Posted by: doubtful on January 10, 2009 at 11:26 AM | PERMALINK

lou a special election is a bad idea. It hurts any Illinois senator from either party who may want to run for president in the future. Does anybody think if Illinois had such a law in place last year putting Obama's seat up for grabs wouldn't have diminished his chances of getting the Democratic nomination? It might have made the difference for Edwards or Clinton in IA.

We have few enough good politicians in Illinois as it is. There's no reason to discourage the best of them from even starting careers here.

On top of that we Democratic political activists here in Illinois just spent the last two years working our asses off helping Obama and a lot of other people get elected. Many of us spent a ton of money and time, we traveled out of state and made gazillions of phone calls. I myself started canvassing and phonebanking for Bill Foster in the SE in IL-14 last February and it's been nonstop since. We need a break to get back to our lives, especially in this economy. The last thing we need is more demands on our time and wallets. And I sure as hell don't want to be trudging through the snow knocking on doors and planting yard signs in the frozen ground again.

Posted by: markg8 on January 10, 2009 at 11:42 AM | PERMALINK

The cherry-on-top for getting rid of Reid as Majority Leader.

Posted by: r_m on January 10, 2009 at 11:44 AM | PERMALINK

Neither is particularly grand; Rod didn't leave anyone a good option, but I'll take weak over corrupt.

i certainly agree with doubtful on this, but i am not sure it had to come to such a lose-lose situation. i think Reid made more tactical errors than i can count letting himself get boxed in, and i dont entirely buy the "he couldn't have seen it coming." Blago was backed into a corner with little to lose; whether man or animal one should always assume that in such a situation the cornered will lash out wildly. Reid failed to adequately plan for such possibilities and started down a particular path without really thinking several moves down the chessboard. increasingly, he looks like the Dems' GW Bush.

He was a passable minority leader, and has been an absolute failure as majority leader.


Posted by: zeitgeist on January 10, 2009 at 12:08 PM | PERMALINK

I agree with zeitgeist.

If Obama is to get his programs enacted without delay, he needs politically savvy leaders in both the house and senate that can get the job done. Instead he has two dithering "leaders" who have already demonstrated they are more likely to carry water for the current administration and cave to the mere threat of a Republican filibuster as they are to effectively advance a progressive agenda.

Posted by: chrisbo on January 10, 2009 at 12:24 PM | PERMALINK

What Josh Kalven said. White didn't certify the appointment as much as he certified the authenticity of the document. He simply confirmed that yes, that's really Blago's signature on the paper. He still made it clear that he wouldn't put his own signature next to it.

Posted by: ogmb on January 10, 2009 at 12:31 PM | PERMALINK

Here's Politico's version:

According to his office, White has signed a certificate saying that Burris' appointment document is "true and accurate." (...) White responded by declaring that he was not going to sign anything and claimed vindication that the Illinois Supreme Court doesn't think he has to do so. "I want to be clear that I could not and will not in good conscience sign my name to any appointment made by Governor Rod Blagojevich to fill the Senate vacancy," White said in a statement. "This governor was arrested in part for trying to sell this very same Senate seat. The Illinois Supreme Court has made it clear in its ruling that I am under no legal or constitutional obligation to affix my signature." Yet White later decided to sign a separate declaration affirming Burris' appointment.

Posted by: ogmb on January 10, 2009 at 12:35 PM | PERMALINK

apparently Democrats collectively have forgotten that they are at their worst when quibbling over semantics (hi, Bill!)

Posted by: zeitgeist on January 10, 2009 at 12:48 PM | PERMALINK

I think details of Burris's testimony at the impeachment hearing on Thursday are important, but being ignored by the media, etc. He testified that he did discuss the seat with Lon Monk, who was apparently wiretapped by Fitzgerald, even though Burris said he had no contact with any representative of Blagojevich about the Senate seat. Of course, he couldn't remember when he had the discussion (July? September?), but that contradicts his earlier affidavit. So maybe he has a problem with veracity, as well as his ego. Emptywheel has the details:

Posted by: bamaky on January 10, 2009 at 1:03 PM | PERMALINK

Sorry, here is the emptywheel link:

http://emptywheel.firedoglake.com/2009/01/09/lon-monk-and-roland-burris/

Posted by: Bamaky on January 10, 2009 at 1:04 PM | PERMALINK

I am so sick and tired of these irresponsible assclowns (Blago, Burris, and the entire Bush administration). And I am sick and tired of Harry Reid running the Senate like an ongoing Monty Python sketch.

Goddamn it, where are the fucking grownups?

Posted by: Helena Montana on January 10, 2009 at 3:12 PM | PERMALINK

"The best laid plans of mice and men.
Posted by: EC Sedgwick"

Well, Harry and Dick are clearly the mice. So I guess that makes Fitzgerald the man whose plan went a-gley, eh?

Posted by: Cal Gal on January 10, 2009 at 3:46 PM | PERMALINK

Let's start discussing who SHOULD be the new Majority Leader.

Almost everyone seems to agree that Give-em-Heck (until they scowl at you) Harry has been a weak-spined disaster.

Posted by: Sarah Barracuda on January 10, 2009 at 3:49 PM | PERMALINK

As painful as it is to read through this garbage, it seems that the distinction matters. The Senate considers the SoS as the arbiter on whether an election was above-board -- this goes for popular elections as well as for an "election" where there is only one voter: the state governor. SoS White clearly says no, the one "vote" he received, was invalid because the voter engaged in an illegal vote-buying scheme. So his confirmation that it was in fact the correct person who submitted the sole vote for Burris is in itself insufficient for the U.S. Senate.

Posted by: ogmb on January 10, 2009 at 5:28 PM | PERMALINK




 

 

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