UPDATE: Can They Do That?

Burris is announcing his acceptance as we speak. Its legal because Blago is still the sitting Governer. They can’t back date his appointment after Blago is convicted (if he ever is)
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As for somebody not signing the certification they would have to go to the Supreme Court and nobody, let me repeat NOBODY wants this story to keep going.
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Harry Reid is foiled again

Between this procedural question and the questions surround the Minnesota recount and questions surrounding the rescindability of pardons, it would appear that after 221 years, we’re still trying to figure this stuff out as we go!

Oh, teh irony! Favorite Blago quote so far in the news conference: “I don’t want to hog the limelight.”

Blago just threw the Illinois legislature under the bus for not approving a special election. He has a point.

Words completely fail me as I watch this news conference…

Bobby Rush has sold out. Damm its a bad day in the hood.

Is this Tristrangulation?

Bobby Rush sold out? Pul-eeze. He’s been nothing but a punk for years.

nibbly
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You might have a more direct knowledge on Rush than I but I could never bring myself to call him a punk. I know thats probably wrong of me but it is what it is.

I cannot believe what I am seeing. Wait … they’ve got a hologram of Abraham Lincoln saying that the appointment of Roland Burris was what he had in mind with the Emancipation Proclamation.

Bobby Rush is the only guy ever to beat Barack Obama in an election, which brings me to an inescapable conclusion: This is bad for Obama.

That was snark, btw.

KT
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The really funny thing is your snark is likely to become a cable news angle. Seriously.

Sg: Speaking of which, am doing CNN again tonight. I suspect this will come up.

Serious question: what will Jackson Jr. & Sr. say about this?

Does anyone else think the TV lights are turning Beschloss’s hair a very strange color on MSNBC?

pourme
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You won’t hear a peep out of Triple J. He is just happy to be out of the headlines right now. Thats why I am almost positive this will go through. People just want this story to go away, and Reid doesn’t have the courage to really oppose it.

KT
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What time? I want to tape it.

@sgw – Why does Harry Reid hate black people? WHY?!

1. As of now Blag is innocent until proven guilty, even after we heard a selective set of wiretapped conversations.
2. In law he has the power to make the appointment.
3. The certification by the SoS cannot be used to override Blag’s authority unless there is some legal issue concerning the appointee.
4. As for Harry Reid: lots of blather and wind. Think Vitter, Craig etc and we see that scoundrels do occupy some Senate seats even now.
5. As for effectiveness: think Inhofe? Burris looks better.

It’s not even Reid; it’s Durbin and Obama. If they don’t want the appointment to go through, it won’t go through.

SG: I’ve been doing a lot of The Situation Room this month, while the real pundits are on vacation. My mother loves it whenever they call me part of the “best political team on television.” My last two hits are tonight and tomorrow at 6:30-ish eastern.

nibbly
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Nonwithstanding the last 8 years, laws and rules do mean something. Durbin nor Obama has even 1 iota of a chance of blocking Burris and even if they did they are the two people most likely to just want the story to go away.

pourme
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Harry Reid loves his status as Senator and Majority Leader more than he hates anything or anybody else. For that reason he avoids controversy like the plague and thats why he will back down when its all said and done.

I have a completely open mind with respect to Harry Reid’s blatant racism,. I would just like to say that a lot of the talk is just rumors and there isn’t really any hard evidence of Harry Reid’s rampant deep-seated bigotry. Perhaps Reid will be able to overcome what some see as his blinding prejudice in this instance, but I’m not holding my breath.

KT
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I got you programmed in

Oh hey look at that Reid is completely powerless to do anything to prevent anything who would have seen that one coming.

HA! Blagojevich is Houdini! He turned the Democrats into racists! Magic!

sgw: It will be interesting to see the Repub response, especially the Ill. Repub, to the situation. Right now, they are against the appt because they think they have a shot in a special election. If the Repubs and the Dems are against it, this Burris guy doesn’t have a chance.
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Do the Dems want the story to go away? Well, having Burris sitting there for two years a sitting duck for Repubs and a constant reminder of the corruption that spawned him, likely it might be worth it to prevent him from sitting. The last thing Obama wants is a taint on his own Senate seat.

What I suppose Reid and Co. COULD do is refer the appointment to the Senate Rules Committee for an ‘investigation’ of the circumstances behind the appointment, thus avoiding having to swear in Burris while the ‘investigation’ was underway, and hoping that the Illinois legislature can impeach and convict Blagojevich before the ‘investigation’ is completed (in which case presumably the new Governor Quinn could appoint Burris). However, I don’t think the courts would allow this situation to go on too long if Burris comes before them and seeks an order on the basis of Powell vs. McCormack.

PAT QUINN!!!

Quick question: Any update on whether Harry Reid is still blocking the candidacy of the only African-American member of the Senate? I’m sorry. I’m done. It’s out of my system. It’s been a long vacation for me.

Nibbly: neither Durbin nor Obama can, or should do much. Forget all the pols blathering on about doing the right thing. Doing something lawful is not always doing something right. My take; let Burris in, kill the story, leave Blag to deal with Fitzgerald. Then put up a candidate come the next election cycle for the Senate. I would grab Burris and seat him and kill this soap opera.

Dude, it’s not like Burris is the only African-American who can be appointed. If anything, his performance in that press conference, joking lamely about not having enough money to pay the governor, shows he’s grossly inadequate.
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Pat Quinn is gonna up-end this thing with his own appointment. This is crazy entertaining.

nibbly
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Here is what seems to be apparent to me but maybe I am wrong. Who really believes that any Democrat that chooses to run in 2010 will lose if Obama endorses them? Hell thats what I really don’t understand about their reluctance to have a special election. If Obama blesses a candidate it would be all over. I don’t see the people of Illinois all of a sudden voting in a Republican any time soon.

Nibbly: That’s why — commenter grief I’ve gotten aside — I lovelovelove this story. Crazy entertaining is right.

nibbly
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BTW the Republican response is every Democrat in the state of Illinois is tainted by Blago and thats why there should be a Republican in the seat. No BS the Republican party chair just said so.

One more quick question: why are a bunch of old white men standing in the way of Martin Luther King’s dream? And Rod Blagojevich’s, too – but mainly MLK’s.

bitterpill: How do you know Durbin or Obama can’t do much? Frankly as the two senior leaders coming out of Ill, who has the top political operatives working for them, the top Ill fundraisers, and more political allies in the state, they probably have plenty to say and plenty to do. Whether those actions and words are in the papers is another issue. If you don’t think Daley and co. have something to say about having their state and politics turned into a national joke, you don’t know machine politics.
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Burris is dead in the water.

KT — You can see the TV anchors perking up that they have this to talk about, instead of playing film of Israel blowing Gaza into smithereens.

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Hard to wave the racism flag when, IIRC, Reid stated that he wouldn’t seat anyone Blagojevich appointed before the Illinois governor selected Burris.
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Anyhow, it’s sad to see the former boxer Reid leading with his (glass) jaw…again.

Hard to wave the racism flag

Ha. Bobby Rush used the word lynching! He all but said “opposing Burris is opposing blacks.” Flag waved.

Meanwhile, I’ve been wondering why no one was commenting on the last post. sigh. I’ll get this figured out some day.
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so sg or somebody – why won’t it work for sec of state not to certify?

Couldn’t this have been avoided if the legislature had transferred the appointment power to the Lt. Gov? Course they would have had to do it all in a hurry, or Blago would have gotten the appt in anyway.

nibbly: I know something about Chicago politics. My point is not that Durbin or Obama can’t do this or that, or the Daley machine would …the question is should they? Burris is not a great pol or a very hot one for that matter. But, he is Black and he was the AG. When you look at some of our sitting Senators you may find it hard to say that Burris does not meet the quals. As for the Lt Gov: he can talk all he wants. Today, the day the appointment was made: what is Blagovich’s legal standing as Governor? And under which Constitutional provision is he barred from making the appointment today? The bloviators on Cable are not a good guide.

bitter: This is not about Burris, or that other Senators are worse. This is about the US Senate telling Blago not to make the appointment and he did it anyway. This is a challenge, a power play, and a spit in the face. That Durbin came out immediately and publicly against it means he’s not ambivalent.
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I wish we were privy to the phone calls and text messages that are flying among these people. Frankly, if Blago wants to play this way, I wouldn’t be surprised if he goes mysteriously missing and finds himself lying next to Jimmy Hoffa, wherever he may be.

Nice to be back! Bitter you take a cynical view but I see your point. Get the seat filled and move on. The Rethugs will be happy to stoke this. I would like to get a Constitutional expert (Obama?) tell us whether the Gov has the authority to do what he did today. KT: can you check with one of your contacts in between being a member of the BPTOTV?

Nibblybits: Durbin is the senior senator; but when push comes to shove I don’t think he can leverage Burris out, if Burris just sticks to it. He is 71 and going nowhere. The pay is okay and he gets a year at least. Can you point to any authority that supports the view that the US senate can tell a Gov whether he can make an appointment of this kind?

sevenoaks: There’s what’s legal and constitutional, and then there’s what’s political. I think we are purely in the political realm right now.
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I say nothing with authority. I am only imagining how Durbin, Obama and the other players in this would react to such a blatant challenge. What a circus. All three rings.
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Any move towards the Supreme Court is a crap shoot. Forget about Adam Clayton Powell. He was elected by voters, not appointed in. Plus, it a whole different set of justices deciding from 40 years ago. Still, they can make Burris jump through so many hoops that he falls dead from a heart attack.
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What will they do? Cue the circus music.

Yet to be heard from: voices from the African-American political community calling Blagojevich’s bluff. Are you kidding me? None? If so, that is really shameful.

nibblybits: you strike me as someone who wants to do what is right and politically helpful/legitimate? But the Caroline Kennedy issue should be an eye opener. After having won a stellar victory us Democrats are bumbling around courtesy the awful Blago and a pushy Kennedy. Neither looks good. I see that bitter is more cynical and wants the seat issue resolved so that Obama does not have to face questions. It looks like a loss all round. We are supposed to be better at this after 8 years of Bush.

Poor John Lewis. It’s always up to him. The man’s earned a little senior statesman relaxation status more than any other politician I know but he’s the go-to guy anytime the media wants the official A-A politician statement. Even McCain tried to co-opt him. I bet there are five news vans on the way to his house right now.

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pourmecoffee: Ha…Flag waved.
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Heh. Never said it couldn’t be done, only that you’d have to be kinda thick between the ears to do so…Especially if you’re Bobby Rush. The 1971 version of Bobby Rush would kick the 2008 version’s a$$ for letting some crooked white politician use him.
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Seven: Looks like it is totally legal to me. Blago is still the gov.

Also, I’m poking around to see where the CBC is going to go on this.

Blagojevich is just loathsome for pulling this off, and taking down with him someone like Burris who by all accounts was a decent guy. Sad, really. The guy has lost statewide all over the place and didn’t make the short list and Blago dangles it in front of him like the ring until he blurts how he wants the precious.

I really agree with Jeff Greenfield. It’s done deal.

They can seat him, then expel him the next day, but Blago still has the power to do this. The AG will be struck down, The Senate will lose too.

Thinking of the CBC, JJ Jr might have an opinion on this.

Question: How big of a phony is Bobby Rush? Answer: Infinitely big:

Mr. Rush also opposed any suggestion that Mr. Blagojevich make the appointment while he is fighting the corruption charges. Any person appointed by Mr. Blagojevich would be “as tainted as could be,” Mr. Rush said, and would be in danger of losing the seat in 2010, when Mr. Obama’s six-year term officially ends. Speaking of Mr. Blagojevich, Mr. Rush added, “I don’t see how he can govern. We’re at an all-time low in our state.” — (Link)

O-T, and excuse me if it has been posted already.
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Go Glenn Greenwald!

I love this guy!

Hey all this Blago stuff is great, but aren’t there a few other things going on worthy of a blog post or two?

Obama says, Screw you, Blago!
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GAME ON!!!

Honestly, what a blessing Barack Obama is for race relations in the United States. TWICE the race card has been played against Obama at key moments — with Rev. Wright and now Blagojevich. Both times, in wildly different circumstances, he responded with principle and patience at a potentially high cost to himself. That is the kind of grace which I hope will bury the bigoted and backwards Republican party for a long, long time.

President-elect Barack Obama said he agrees with the decision by Democratic leaders not to approve the appointment of former Illinois Attorney General Roland Burris to fill his Senate seat.
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“Roland Burris is a good man and a fine public servant, but the Senate Democrats made it clear weeks ago they cannot accept an appointment made by a governor who is accused of selling this very Senate seat,” Obama said in a statement e-mailed to reporters.
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http://www.bloomberg.com/apps/news?pid=20601087&sid=aQzJqRWXVg94&refer=home

Burris is killing himself on MSNBC. He can’t even answer simple questions without sounding guilty as hell.

What if Burris is a fine choice? Should he be penalized because of Blago’s problems?

formerly: Yes, he should be penalized. Because he should have refused the offer and waited for the process to take its course. But he was too greedy.

OT: Ask Obama For a Torture Special Prosecutor: Ari Melber
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The Obama transition team is taking questions again at Change.gov, throwing open the site this week for citizen input. The first run of this experiment was a mixed bag. The platform was open and transparent, but the official answers felt more like old boilerplate than new responses. When the submitted questions parrot toics in the traditional media, of course, the exchange can feel like a dated press conference. But here’s a vital question that few reporters have ever presented to Obama:
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Will you appoint a Special Prosecutor (ideally Patrick Fitzgerald) to independently investigate the gravest crimes of the Bush Administration, including torture and warrantless wiretapping?
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That question ranked sixth in voting last time — out of over 10,000 submissions — but the transition team only answered the top five questions. Now that Vice President Cheney confessed his support for waterboarding on national television, flouting the rule of law, the issue is even more urgent. Activist Bob Fertik, who has submitted the question twice, explains how you can vote to press this issue on the transition team:
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Sign in at http://change.gov/openforquestions Search for “Fitzgerald” [...and] find our question Look right for the checkbox, mouseover it so it goes from white to dark, then click to cast your vote
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http://www.huffingtonpost.com/ari-melber/ask-obama-for-a-torture-s_b_154131.html

Young Turks interviewed Ari tonight.

http://www.theyoungturks.com/

With all due respect for what is right and ethical, one has to stand and applaud Blago’s move here. It was crafty, slick and achieved his point of creating turmoil in the Democratic party and sticking it to Harry Reid. His “magic Negro” move was truely Machiavellian in style.

At this point the easiest thing for the Democrats to do is allow Reid to slink back into his cave for the remainder of what should be from him a very quiet holiday and accept the appointment. Kill the story and move on. It’s a two year temporary appointment! It’s not like he selected Jeb Bush, Sarah Palin or something. Now that would have really been a firestorm. So we need to count our blessings that the accused criminal has made his move and selected an individual who appears to be an ethical and decent(hard to use those words in conjunction with Blago) choice and all is well.

This whole thing is just ridiculous. The msm sets itself up to be the arbiter of right and wrong yet fails continually to hold themselves to any standards higher or otherwise. The Democrats who’ve yet to display any back bone I can find over the last twenty years don’t want to take a chance on a special election but don’t want to allow the lawful process to play out either. This whole taint thing goes against everything that it means to be American. Innocent until proven guilty, guilt by association — what are we living in Russia now. Yes we might think Blago is a douche bag but he is still in the seat and those of us who were pissed off at the GOP’s tactics against Obama that tried to paint him as a terrorists because of guilt by association ought to think about their position now as it pertains to Burris or Blago.

OK we’ve killed this post! Move along folks, nothing to see here. Thre’s more important things to ponder such as the breastfeeding photo controversy on facebook and the John Gruden death watch here in Tampa. Hell one more Senator isn’t going to make a difference. I mean we have fireworks to shoot off, drinking to be done (Gunny have you started yet?), bowl games to watch, shopping to save the economy, a war in the West Bank, a possible war between Pakistan and India. This list goes on and on. Move along folks, go back to your homes… and pray or just get drunk what ever your poison.

Not much Reid can do to actually stop Burris from getting in. The courts will probably get deeply involved in this for a loooong time. Not what Obama needs…

http://www.political-buzz.com/

“drinking to be done (Gunny have you started yet?)”
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floridian-If I’m posting. I’m drinking. Ever check out my spelling?

SPRINGFIELD, Ill. (AP) – Illinois Secretary of State Jesse White says he’ll reject any paperwork that Gov. Rod Blagojevich files to name a new U.S. senator.
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The secretary of state keeps state records and certifies official actions.
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But White says he won’t certify anything Blagojevich does to fill the Senate seat once held by President-elect Barack Obama.
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White issued a statement today saying he can’t accept any paperwork from Blagojevich on the Senate seat “because of the current cloud of controversy surrounding the governor.”
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It isn’t clear if that administrative roadblock would keep the appointment from taking place.
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Blagojevich is expected to name former attorney general Roland Burris to the vacancy later in the day.
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Senate leaders have said they won’t seat anyone appointed by Blagojevich, who was arrested on federal corruption charges this month.
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http://www.wthitv.com/dpp/news/illinois/ill_ap_springfield_white_will_try_to_reject_blago_pick_200812301415

The idea that the President-elect gets to influence a Senate decision on whom to seat may well be acceptable to some. But Reid will be in for a shock if he thinks Burris is going to step quietly into the sunset. When he turns up at the Senate is Reid going to “expel” him. And is he going to seek cover from Obama? I think Blag has stuck a stiletto into the Democratic body-politic and, as usual, they will produce an asinine response.

Trust us Democrats to take “principled” postions. No wonder the Rethugs win in issues of this kind. They just need to sit back, relax and laugh.

Yes, the Illinois Democrats should have moved quickly to impeach or hold a special election. They didn’t; that’s bad. However, here we are and as of today those against Blagojevich making this appointment include: the President-Elect, all Democratic Senators, nearly all Illinois Democrats (including Bobby Rush before today), and the overwhelming majority of IL citizens. Basically, the entire Democratic party and state. Roland Burris is not some innocent elder. Shame on him for turning his back on his entire state and party for selfish personal reasons. The fact that he may be legally able to pull it off does not lessen his culpability one iota. Today, Roland Burris knowingly put his own personal ambition above the clear wishes of his party and state.

Gunny,

Your spelling seems fine to me. Hell, I have trouble with the words and I’m never drinking. Guess I need to start drinking and posting so the words come out right.

newfloridian says: “Hell one more Senator isn’t going to make a difference.”
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Tell that to sgwhite when that senator is named Lieberman.

“Today, Roland Burriss put his own personal ambition above the clear wishes of his party and state”. So what’s new? Look at his exemplar: Joe Lieberman! And what did the Democrats to with him? They welcomed him back. Gave him back his chair. That is why all this Senate handwringing is so much wind. If Lieberman can be welcomed back into the fold you can be sure Burriss won’t be far behind. It will be : let bygones be bygones.

@sevenoaks – Except that Lieberman was explicitly forgiven by Obama and voted on by his Democratic peers — you know, the opposite of this case.

What are we doing for New Years?

None of this makes a sh!tting bit of difference. Burris WILL be a Senator and the Dems WILL lose face if they push this too hard. It is what it is. They should have had the damm good sense to hold a special election. Why they were so frikkin scared to lose with the President being a Dem, hailing from Illinois AND having a 82 percent approval rating is totally beyond me. But they wussed out and gave Blago the chance to pick someone and he did.
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If you ask me the sooner the Senate Dems STFU about this, the better off they will be politically. I am sick to death about Bobby Rush but he played along with Blago and whats done is done. I should also point out that evidently Danny Davis’s punk ass from the CBC evidently also backed the move.

nibbly
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As far as Lieberman goes if you remember I didn’t really give a sh1t about him being a Dem. My problem was with him being chairman of the Homeland Security and Governmental Affairs committee which he has been an abject failure as for the last 2 years. I really don’t give a sh1t about Burris either because from all I have heard he isn’t a shady guy. This falls squarely on the shoulders of the Illinois Dems. Now I am dissappointed in both Burris and Bobby Rush for allowing themselves to be used by Blago like that. But I really don’t see the damage Burris himself could do in the Senate for the next two years when there isn’t a chance in hell that he would get any committee seat let along a chairmanship.

How vain do you have to be to take the Blago nomination. This vain. (via)

On a lighter note, Iraqi Prime Minister Maliki denounced Israel because of their attacks on Gaza, while Khalid Hussain of the Islamic Supreme Council of Iraq called for retaliation against Israel by attacking the US forces in Iraq. This is all of course just a day after Ayatollah Sistani of Iraq called for active action against Israel by all Muslim and Arab countries. But none of the Arab/Muslim countries and states are supporting the Palestinians, right?
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Is everybody rapture ready?

Although Reid might not be able to stop Blago, it appears that the IL Secretary of State has the power to do so by refusing to certify the appointment of Burris.

I’m a Democrat, but even if Blago appointed the Pope, here in Illinois, we would be wondering what the final bid was for Obama’s Senate seat.

pourmecoffee –

Wow! What a link! Burris make Jesse Jackson Sr. look like a really humble kind of guy.

sgw: My mention of Lieberman was only to point out that one senator is actually pretty important, when he is the deciding vote. As it is, Lieberman was all about appeasing McCain, not about Lieberman himself. As far as I know, Obama has still not spoken to Lieberman nor intends to.
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Burress is on Rachel’s show, and the more he talks the more he sounds like a dirty crook. I’m now of the notion that his “clean” reputation only means that he’s wasn’t big enough fish for anyone to pay attention.
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At this point, I hope the powers that be really keeps him out of office, not only as a f-u to Blago but because Burris seems like a venal scumbag too.

nibbly
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Be honest, was there anything Burris could have said in any interview that WOULDN’T have given you that same impression?

Oh and nibbly
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When has Lieberman EVER been the deciding vote in favor of the Dems in the last two years?

OT-
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Dirks, Rose, I added a lengthy bit to the evopsycho discussion way downthread at the New Kid post.

@sgw – If loving your Lieberman hate is wrong, I don’t want to be right.

sgw: Yes, Burris could have answered the questions lucidly and rationally. Instead, all his justifications were self-serving and lame. The man sounded half-witted and crooked.
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As for Lieberman, he was the 51 senator in the caucus, which gave the majority and chairmanships to the Dems for the last 2 years. Pretty decisive, if you ask me.

nibbly
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You do realize he extorted Harry Reid for the HSGA comittee chairmanship two years ago before he agreed to caucus with the Dems and give them the majority right? Pretty spineless, if you ask me.
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Oh I should also ask, what exactly did we accomplish the last two years with those chairmanships? Imma go get some popcorn whilst you try to answer that one.

I’m no constitutional scholar, but I don’t understand why it’s becoming the CW that the senate has no authority over this. Article I section 5: “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members”. Doesn’t the whole Blago scandal fall under “Qualifications”? After all, the senate can just say that any appointee of a governor who is under federal investigation is not qualified. We’re not talking laws here: it can be ex post facto, can’t it? Whether Reid has the stones to do this is another question, of course.

nibbly
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I didn’t see his interview on Maddow but I did catch him on 1600 penn ave and CNN and in both interviews he was defensive and self serving but he also sounded knowledgeable and informed. You can say he is a crook because he accepted the nomination and thats cool, but you might want to try to back that up first. Hell I think he is weak as hell in that sense because he said yes but I am not going to sit up here and smear a dude because he accepted a job that he probably would have given anything to have won in his lifetime. Put it to you this way, if Blago had made the appointement before he got arrested most people would have said it was a good selection even if it wasn’t the BEST selection.

leex
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There is already historical precedent from a Supreme Court Case about this which gives the very clear impression that the Senate can not just refuse entry without just cause. I don’t think “the guy who appointed him is a slimeball” would qualify as just cause. Secondly I believe its Article 17 of the constitution that deals with Governers appointing Senators when a seat is open. You might want to go down a few threads where that discussion first started.

sgw: He did not give an adequate answer for the $14500 he gave to Blago. Nor do we know one bit of what his surrogates have promised. Burris is seen as “clean” because no one has been paying attention to him; now he’s gonna see what his 15 minutes of national fame is gonna drag out of his closets.
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As for precedent, you are referring to Adam Clayton Powell. First, he was elected by voters, not appointed. Once Blago is indicted, it changes the situation quite a bit. Second, the decision was 40 years ago by different justices. Third, a lot of time can go by while this is kicked to the courts. Two years can go by in a blink.

KT – Final question, if you are still listening and can ask around to your sources. Do you think this means that it’s unlikely Blagojevich will be appointed Secretary of Health & Human Services? Is that done now?

nibbly
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from what I understand it was 4,500 not 14,500 but even if it was that doesn’t mean he was a crook, it means he was a Dem donating to a Dem. Did you donate to Obama this year? Because I know a lot of people did. All I am saying is you are letting your outrage turn you into the same kind of smear machine that you would probably denounce if it came from a Republican. If something wrong comes out about the guy trust me I will join you and throwing his ass under the nearest Greyhound bus but for now can we just stick to the facts as we know them? He is a weak willed person but he has been in public office for many years and up until now he hasn’t had any blemishes on his record and that includes time as AG of Illinois.
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As for the Supreme Court case yeah he was elected by voters but Blagojevich is still a sitting Governer which means Burris and Powell would be seen as on equal footing under the law. Also the Supreme court is usually going to side with “innocent until proven guilty” when it comes to deciding cases. And finally if it goes that far and it takes years to decide that means NOBODY will get to be in that seat for that time. Thats a losing proposition for Dems and I doubt they are going to actually let it go that far. They are gonna hem and haw and throw down gauntlets and then they will let him in. They will do just enough so that the Republicans can’t say that Democrats are all corrupt and accepting of corruption. There really is no other way that this turns out good for the Dems honestly.

First, it was $14500 as a reporter asked at the press conference and Burris tried to awkwardly laugh off. Came from himself and his law firm. Second, I donated to Obama, but he’s not under a cloud of indictment nor is he appointing me to a seat he is accused of selling. To not consider those inconvenient details is absurd.
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Frankly, even though I am falling into the anti-Burris impression, it’s not him that’s at issue. You know this. Wouldn’t matter if the guy was the Second Coming if he’s appointed under these circumstances.
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As for your assertion that Burris and Powell would be seen as equal under the law, I have no idea, and don’t think that is necessarily true. Which is why earlier I said it will be a crap shoot. Nobody knows what the Supreme Court would decide, and anybody who says they are sure is full of sh*t.
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The Dems and Obama are riding high on ethics reform. They rode into power in 2006 on the backs of Abramoff and Mark Foley. Do you think they want Blago’s taint anywhere near them? According to Nate Silver, having that seat empty doesn’t hurt the Dems, because it doesn’t gain the Repubs a seat. Rather leave it empty than let Blago infiltrate their sanctum and let Burris become the Repubs’ new poster child.

nibbly
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Its not the fact that the seat is empty that would hurt Dems, its the reason WHY the seat is empty that would hurt them. The longer this goes on the more DEMOCRATIC Gov Rod Blagojevich will be in the news. And don’t think the Republicans won’t refer to his as a Democrat in all caps just like I did whenever 2010 rolls around.
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Now since I am tired of talking about something that will probably fade to black in a few weeks I want to share this clip from the youngturks about Mika’s dad PWNING Scarborogh this morning on his own show. I blogged about this earlier but honestly if I had my own TV show I would have said EXACLTY what Cenk said on this clip. Classic.
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But Blago would be in the news anyway. He’s about to be indicted. With some very entertaining incriminating audio tapes.

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Hah! sg, my man! Thanks for posting that great clip! It was a thing of immense and enormous beauty, to see Scarborough get PWNED not once, not twice but THRICE!
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I never watch Cenk but I’m glad someone does, to catch classics like this.
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Not to be missed. An Oral History of the Bush White House: Politics and Power: vanityfair.com
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Just a tiny little bite. Takes days and days to absorb the enormity. A fine, fine piece of journalism. A shining example of what journos can do and *should* be doing, instead of obsessing about trivial minutiae:
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Kenneth Adelman, a member of Donald Rumsfeld’s advisory Defense Policy Board: So he says, It might be best if you got off the Defense Policy Board. You’re very negative. I said, I am negative, Don. You’re absolutely right. I’m not negative about our friendship. But I think your decisions have been abysmal when it really counted.
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Start out with, you know, when you stood up there and said things—“Stuff happens.” I said, That’s your entry in Bartlett’s. The only thing people will remember about you is “Stuff happens.” I mean, how could you say that? “This is what free people do.” This is not what free people do. This is what barbarians do. And I said, Do you realize what the looting did to us? It legitimized the idea that liberation comes with chaos rather than with freedom and a better life. And it demystified the potency of American forces. Plus, destroying, what, 30 percent of the infrastructure.
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I said, You have 140,000 troops there, and they didn’t do jack shit. I said, There was no order to stop the looting. And he says, There was an order. I said, Well, did you give the order? He says, I didn’t give the order, but someone around here gave the order. I said, Who gave the order?
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So he takes out his yellow pad of paper and he writes down—he says, I’m going to tell you. I’ll get back to you and tell you. And I said, I’d like to know who gave the order, and write down the second question on your yellow pad there. Tell me why 140,000 U.S. troops in Iraq disobeyed the order. Write that down, too.
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And so that was not a successful conversation.

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There is so, so much more.

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Here’s a little more:

Lawrence Wilkerson, top aide and later chief of staff to Secretary of State Colin Powell: ….I wrote Powell a memo about six months before we were leaving, and I said, This is your legacy, Mr. Secretary: damage control. He didn’t like it much. In fact, he kind of handed it back to me and told me I could put it in the burn basket.
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… His task became essentially cleaning the dogsh!t off the carpet in the Oval Office. And he did that rather well. But it became all-consuming.
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I think the clearest indication I got that Rich [Armitage] and he both had finally awakened to the dimensions of the problem was when Rich began—I mean, I’ll be very candid—began to use language to describe the vice president’s office with me as the Gestapo, as the Nazis, and would sometimes late in the evening, when we were having a drink—would sometimes go off rather aggressively on particular characters in the vice president’s office.

Its not the fact that the seat is empty that would hurt Dems, its the reason WHY the seat is empty that would hurt them

Not to be strident or anything, but at some point all this foolisheness will fade away and there’ll be some specific legislation to get passed. At that point it will matter very much who’s sitting in which seats. After all, the object of the game is governing. the rest of the game is just to assure that we’re all paying attention and participating.

Pourme’s link at 85 is very enlightening. Poor meek Burris just wants to serve the people of Illinois. How about poor strutting Burris wants to add one more line to his memorial. Blago knows his constituents.
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Roland Martin went off last night on the idea that the Democrats were going to refuse to sit a black. Astonishing display from him.
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Bet Fitzgerald can’t wait to get that indictment out.
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Apparently what Reid is hoping for is to delay Burris’ seating, not prevent it. If he sends it to the rules committee to look at it could take 90 days, by which time Quinn will be governor, he’ll rescind the appointment and appoint another A-A.

Kathy wrote: Bet Fitzgerald can’t wait to get that indictment out.
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Really? I’m beginning to think Fitzgerald has booted this one, Kathy. After the arrest, Scott Turow commented in the Times that Fitzgerald probably had a pretty weak case given that the arrest came before an indictment. he then had 21 days to schedule a prelininary hearing or get teh Grandy Jury to vote a true bill of indictment? What has Fitzgerald been up to?
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While my opinion of Blago is that he is the excrement of politics, his tactic yesterday blows Fitzgerald’s case of pay for play out the window, if Fitzgerald can’t find a quid pro quo for cash. It appears for the media reports that Burris was never suspects 1 through 5.
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An effective defense, not yet postulated could be, he could say, “I knew I was being taped, so I just made over the top conversations to hoodwink the prosecutor, whose misconduct in this matter prevents me from getting a fair trial by his release of salacious pre- trial publicity. Furthermore, my appointment of a former political opponent, and politician with stellar reputation, repudiates these meritless charges. Judge, I ask you to dismss this case forthwith.”
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I think Blago ends up walking. Fitzgerald better move with the evidence he has and soon.

Andy from MA: I spent a year in a foreign post where something similar occurred. The official was placed on administrative leave pending the outcome and his 2iC took over in an acting capacity. The state govt continued to function smoothly (relatively speaking!).The Ill. case is strange: they have no provision for suspending someone with full pay while out on bail. Only in America…..

Andy – I’ve heard what you have, but have also heard that the conspiracy to commit a crime are broad, and relatively easier to convict on.
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If it’s 21 days it must be “business days,” since I think he has to do something by next week, and the arrest was on the 9th, making 21 days yesterday.
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The thinking seems to be that there are other charges that are going to be easier to pursue than the charge of trying to sell the senate seat. But remember, Jackson Jr was apparently cooperating and/or had gone to the feds beforehand. Fitzgerald’s record isn’t perfect, but he has nonetheless gotten a fair number of convictions.
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I think the suggestion that maybe Blago was trying to persuade the jury pool by appointing an African American is interesting.
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Too bad they let him out on bail.sigh
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bitter I’m beginning to think we have to look at new ways to deal with govt executives who engage in crime. We can’t assume we won’t get another Cheney who thinks that if the President does it it’s legal. (though he says “in wartime.” So let’s see- if we start a war anything else we do is legal)

bitter – didn’t mean to shout. didn’t put my closing tag in correctly.

bitter, you’re right about “only in America.” Until the 25th amendment, there was no provision of transfer to power if the President was incapacitated. I think President Wilson’s wife Edith refused to relinquish power after Wilson had a stroke in office.
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The challenge with our justice system is that we truly have to provide the presumption of innocence, until any suspect is convicted by a jury of his/her peers. Not the court of public opinion. While Fitzgerald release some pretty damning evidence in the telephone recordings, we don’t know if those or other recordings held any exculpatory statements.
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I am rather incensed that Blago has been tried and convicted by the press and the public. He has the same legal right to a fair and speedy trial as any of the rest of us. I think he is bad person and horrific public official. That said, unless there is some constitutional reason for removing him, he stays in office until he’s convicted.
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The patriot act has removed some (maybe all)of our constitution protections against illegal search and seizure. I hate to see the right to a fair trail and the presumption of innocence fall by the wayside because of a prosecutor who jumped the gun, and a press eager to to convict someone in the headlines. I realize this is a contrarian view to that of many of the commenters who I personally like and respect, but this is the legal system upon which our country is founded. I think the presumption of innocence separates us from the barbarians and the Chinas, Iraqs, Pakistans, and Russias, too.

Turns out that Danny Davis was offered the seat last week and he TURNED IT DOWN, based on the taint of Blagojevich. It’s coming out that Burris is nobody’s first choice, and he doesn’t ‘deserve’ the seat as he claims.
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The effort by Blago and Bobby Rush to use the race card to stop the opposition is dirty and dishonorable. Both those jerks need to eat it.

Nibbly, nice to see that someone chooses to live by the courage and character of their convictions.

As for two politicians using dirty and dishonorable tactics to promote their political agenda, I had have to say that’s either pretty shocking or business as usual.

Burris used the race card this morning on the Today show. “It is a fact there are no African-Americans in the United States Senate. Is it racism that is taking place? That’s a question that someone may raise.”
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I am 100% disgusted by this man. I hope the good people of Ill feel the same.

kathy: bitter I’m beginning to think we have to look at new ways to deal with govt executives who engage in crime. We can’t assume we won’t get another Cheney who thinks that if the President does it it’s legal. (though he says “in wartime.” So let’s see- if we start a war anything else we do is legal)
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I think it is even more interesting that Cheney considers the VP position to be independent of the office of the Pres. Can’t find the link, but in Angler there is a tasty bit where Cheney would not accept the judgment of the President’s legal counsel on the Plame issue until his own legal counsel (Addington?) reviewed it. And he seems to think he lives outside the official records act. It is all quite amazing, and perhaps means we need a constitutional amendment certifying that the VP position is nothing but a bucket of warm spit unless the President says he is something more, or unless the President dies.

IN other news, Benen reports that GONZALES FEELS SORRY FOR HIMSELF. Monty Python would call this a tasty bit!

Maybe Gonzo should consider seppuku given his contributions as AG.

All of the comments regarding race are disheartening. Why even allow people of color to hold office in the Senate? It appears that the Republicans already have this figured out. A new time of American Apartheid could very well be upon this country. Yeah, Burris is black…so what? Is he qualified? Is he appointed by somebody with the lawful authority to do so? If so, then the only appropriate response…regardless of color is to seat the man.

Thanks for clearing that up, Kathy. I guess we will have to find a way to side line anyone in an official capacity under indictment or some other legal restraint but ensure they continue to receive an income while their case is pursued. I am guessing here: but isn’t one of Blag’s concerns his monthly salary?

On Burris: nibbly is on a tear. But it has brought out the question of how the Senate has been 99% -100% white for eons. I recall Edward Brooks, then Moseley-Brown and Obama. Anyone else? Hawaii has not had too much of a problem because local population dynamics are at work. Any from the South..Aaargh!

@ Nibbly

Apparently not with Burris losing so many races. My grandfather who is best friends with Burris (they went to the same highschool in Centralia, Illinois) and due to this my mother has had multiple conversations with him and my mother who rarely despises people thinks he’s essentially scum. She described him as pretty unlikeable personally and notes that he has a problem with campaigns and raising funds, which will be bad for the Dems in a few years.