A blog about politics.

Blagojevich v. The Senate: Going To The Mat

Get ready for the standoff surrounding Roland Burris to get even weirder, as Senate Democrats map out their options for dealing with disgraced Illinois Governor Rod Blagojevich's pick to replace Barack Obama. Suffice it to say that none of them is pretty.

The best option, of course, would be for all sides to sit down and figure out a way to work this out. But at the moment, it looks like that is not going to happen. As Lynn Sweet reports, Senate Majority Whip (and Illinois senior Senator) Dick Durbin has left at least two telephone messages for Burris, but neither of those calls has been returned. (Burris says he hasn't figured out how to work his cellphone, which suggests that perhaps he is indeed suited for the Senate.) So the assumption now is that Burris will be showing up Tuesday to get sworn in on the first day of the new congressional session.

The first thing the Senate leadership plans to do is to demand, under Rule 2 of the Standing Rules of the Senate, a certificate containing "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."

Illinois Secretary of State Jesse White has said that he does not intend to sign the certificate--but that may not be all that much of an impediment. It turns out that Blagojevich--like every other Governor, I'm told--has a set of certificates that are pre-signed by the Secretary of State, to be used in the event of an emergency. If Burris shows up with one of those, the Senate leadership intends to reject it. But Senate leaders also are preparing for the possibility that Burris will get a Writ of Mandamus ordering the Secretary of State to sign the certificate.

At that point, the first order of business for the Senate would be to vote on a resolution questioning the validity of Blagojevich's appointment of Burris, and specifically, raising the question that the Governor asked for or received something of value in exchange for naming Burris. (There is, of course, no evidence that anything like this happened.) The resolution would be nondebatable and nonamendable, which means the Republican minority would not be allowed to attach, say, a separate resolution blocking Al Franken from being seated from Minnesota. What happens then? The whole thing would be sent to the Senate Rules and Administration Committee for "investigation." Said investigation would have a time limit, specifically written to give the Illinois Legislature enough time to impeach Blagojevich, put Lt. Gov. Pat Quinn in the job, and get a new appointment.

Sound complicated? You bet. And the one thing we know about the Senate is that things there rarely play out exactly as planned.

UPDATE: Commenter pourmecoffee has some advice for Burris:

Burris says he hasn't figured out how to work his cellphone,

Just speak into it and maybe one of Fitzgerald's people can help him out.

UPDATE2: J-Ham warns that that the Democrats could be giving ammunition to the Republicans.

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  • 1

    To think, they could have spent this kind of energy opposing FISA. Or, the Iraq War...

  • 2

    If only the senate Democrats were this crafty when it comes to matters of the state.

  • 3

    ivb, "we reach" ha

  • 4

    The Senate is good at this.

  • 5

    The best option, of course, would be for all sides to sit down and figure out a way to work this out. But at the moment, it looks like that is not going to happen.
    --
    Reid only knows how to compromise with Republicans.

  • 6

    "Reid only knows how to compromise with Republicans."
    .
    Compromise, capitulate. PoTAto, paTAHto.

  • 7

    Burris says he hasn't figured out how to work his cellphone,

    Just speak into it and maybe one of Fitzgerald's people can help him out.

  • 8

    Love it - Reid finally gets his back up over a completely lawful effort made by an unindicted (if thoroughly corrupt) Democrat to get a completely legitimate pick into the Senate. Ah, if only there was any Republican involvement - then Reid's involvement would be limited to tough talk followed by the inevitable capitulation. Still, there's hope for Burris - capitulation has become such a habit with Reid that he may just find himself giving in by accident.

  • 9

    This is much ado about nothing. The Senate Dems have already folded they just haven't turned in their cards yet. They know good and hell well they don't want to have this story in the news for the next 90 days while the committee is investigating and while they are still trying to get Blago out of office. Imagine Burris showing up for work every day for 90 days in front of the cameras and being denied access. There isn't a Dem in the whole Senate right now who has the courage to weather that media sh!t storm. Wake me up when Harry Reid comes to the lecturn to give one of his woe is me speeches about how he doesn't have te votes to keep him out.

  • 10

    "Reid only knows how to compromise with Republicans."
    .
    Code for free no strings attached handjobs.

  • 12

    Comment by a studiously non-political Mrs Bitter: "Ha: it will all be there on tv in black and white".

  • 13

    "Greg Sargent is defecting and joining the enemy."
    .
    He is in for a serious downgrade in co-workers named Kurtz.

  • 14

    gysgt
    .
    I can't knock his hustle. Everybody still has to pay the bills.

  • 15

    Watch Reid chase this shiny object rather than govern. Obama may need to come down from the mountaintop to try to help Reid focus on the country's problems but that may not lead to resolution. Reid can be so obtuse.
    .
    Reports of the death of the Republican party are greatly exaggerated.
    .
    I look forward to the Internet fund-raising of Reid's primary opponent. If Reid wins and the Republicans nominate anyone with any credibility, I look forward to that fund-raising as well.

  • 16

    "...a time limit, specifically written to give the Illinois Legislature enough time to impeach Blagojevich, put Lt. Gov. Pat Quinn in the job, and get a new appointment."

    So what's stopping them from doing it like...now?

  • 17

    Illinois House Speaker Michael Madigan is calling lawmakers back to Springfield next week for a possible vote on impeaching Gov. Rod Blagojevich. [Link]

    Yes, IL has got to get it together and quickly.

  • 18

    And they are doing it on Wed so it won't spoil the charade in the senate.

  • 19

    It's too late. The deed is done and Burris is going to be a senator. I've read everything so far and there's no compelling or even an interesting argument otherwise. Blago is the Governor of Illinois and he appointed a replacement. Unless there's a law that says the governor loses this right if he gets bugged, he's in. Everything from this point on is going to embarrass the dems to no end, especially Reid.

  • 20

    Of course, I could be wrong.

  • 21

    Off topic.
    .
    KT, or somebody, could you please remind Michael Kinsley that there WERE terrorist attacks after 9/11, on Bush's watch, that they involved anthrax, they were never solved, they were far more terrifying to the country than the WTC/Pentagon attacks, and they still have effectively shut down the postal delivery system on the Hill.
    .
    http://www.time.com/time/magazine/article/0,9171,1869213,00.html

  • 22

    "To think, they could have spent this kind of energy opposing FISA. Or, the Iraq War..."
    .
    To think, the media could have spent this kind of energy reporting on FISA, the run up to and conduct of the Iraq War, politicization of the DOJ, Bush Admin anti science shenanigans, missing money in Iraq, Downing Street Memo....
    .
    Karen, are you going to make a career out of this low hanging fruit? One of the biggest reasons the Dems are running around w/ all this energy is that they know you in the media will never stop stoking the flames of outrage, why you couldn't have stoked those flames when it came to far more important and far reaching issues is a question you should answer one day.

  • 23

    Hi K-Tum, Happy 2009! I read your last post and thought - how incredibly childish is this going to get? I'm picturing senators putting Ex-Lax in Burris' coffee, or shooting spit wads at him. Is it feasible that he be appointed by Blag (who, like it or not, is still technically innocent) and allowed to begin on Tuesday, then if and when a conviction is made his appointment is considered null and void? I suppose that's what they are getting at in this post, but it seems incredibly complicated. PR-wise wouldn't it be best to allow the appointment and answer questions with "We will address this matter with due diligence when justice has been served."

  • 24

    Jane is asking among other things:
    .
    How does it look now that Reid is manipulating Senate procedure to exclude Burris, but simply shrugged his shoulders over Samuel Alito, warrantless wiretapping and the Military Commissions Act?
    .
    My answer: It will look like Harry Reid's stellar leadership.

  • 25

    Im not really feeling K-Tum
    .
    I think K-Teezie is much more appropriate.

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