by Mark Silva
One wonders if the terms of engagement have been worked out for the arrival of Roland Burris, disputed appointee to the Senate from Illinois, at the door of the Senate on Tuesday.
Then again, it appears that two old friends could be standing at that crossroad, with one of them assuring everyone that everything will work out just fine, pardner.
The only way Burris will be allowed on the floor is if he possesses a certification of appointment signed by both his sponsor, Illinois Gov. Rod Blagojevich, and Secretary of State Jesse White, Senate leaders say. But White refuses to certify the appointment made by a governor accused of attempting to sell the Senate seat of President-elect Barack Obama, and Burris is unlikely to have his appeal of that decision heard before opening day of the Senate.
Senate leaders vow that Burris will not be admitted without the proper paperwork, which he lacks.
But the man who controls the door to the chamber, Senate Sergeant-at-Arms Terrance Gainer, suggests that something will be worked out before Tuesday.
Gainer and Burris go back a long way, to the days when Burris was attorney general in Illinois and Gainer was director of the state police.
"I have known Roland Burris for a number of years," Gainer has told the Associated Press. "He is a good man. He plays by the rules. I don't think there's going to be a confrontation."
(Gainer, pictured here as an assistant Washington, D.C. police chief in 2001 discussing the disappearance of Chandra Levy, an aide to then-Rep. Gary Condit,.on FOX News Sunday (AP Photo/FOX, Chris Kleponis)











Comments
Since "you know" might also show up I think it would be outstanding if our pres-elect would escort both to the chamber door...what are old supporters and friends for anyway... introduce the "change we've been waiting for"....really show some bipartisan spirit and healing...maybe invite his twice endorsed pal Rod too.
Posted by: Bubba Porter | January 2, 2009 7:51 PM
Y'know, Bubba Porter, you're becoming totally boring. If Burris gets his lawyers working, he'll get in, unless Harry Reid has a card up his sleeve showing real evidence (not just talk) that Blago was selling the seat.
Posted by: Flo | January 2, 2009 8:38 PM
I'm happy that this piece shows that not everyone is willing to waterboard blago before he even gets a TRIAL. And as far as the nazi-sounding 'homeland security' rating being removed from the gov--shouldn't there be some sort of public emergency hearing about all this?
I am sick sick sick of people willing to give up the legal rights we ALL are supposed to have whenever the mob gets rolling down the street.
Posted by: Even if the mob turns out to be right | January 2, 2009 11:01 PM
Bubba Porter...Let Caroline K. Schlossberg walk in first so she can warm-up the crowd.
Paulo
Posted by: Paulo | January 3, 2009 12:05 AM
Maybe the Illinois Legislature should next take up the impeachment and removal of Jesse White. The refusal to perform a clear, non-discretionary duty to certify the Governor's interim appointment of Burris - for purely political reasons - seems like conduct that undermines the authority of the State government. Regardless of how much Jessie White might not like Blagojevich or the fact that he went ahead and made an appointment, he doesn't have the power or right to unilaterally strip Blagojevich of his powers by refusing the certification. The law says that only the State Legislature has the power to impeach Blagojevich and remove him from office upon conviction in the Senate.
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Burris needs to be given his credentials and seated in the United States Senate - despite contrarians in the State government and the U.S. Senate. I’m not saying this because I’m a Democrat or a fan of Burris (because, in truth, I am neither one.) I am saying this because it would be yet another example of the Constitution being flung down and stomped upon were he to be denied his seat for any of the pretexts now being floated about. Standing up for the rule of law is as good a reason as any for hoping Burris is seated.
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The Constitution says who gets to sit in the Senate, and it controls the Senate’s ability to control its own membership. The Seventeenth Amendment to the Constitution says Burris is entitled to that Senate seat because the Governor appointed him (and Blagojevich IS still the Governor). Being entitled to that seat, Article I, Section 5 of the Constitution gives the Senate no power to deny him his Senate seat unless he lacks the age, citizenship and residence requirements of a Senator. Burris meets those qualifications, meaning the Senate cannot lawfully deny him that seat.
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So now you know folks: If Burris is refused his right to represent Illinois in the United States Senate, it will only be because the United States Constitution will have been violated. The willingness of both State and federal politicians - like Jesse White and Harry Reid - shows you just how little regard they have for the limitations imposed by the Constitution on their behavior. They should be ashamed of themselves for trying to subvert the Constitution.
Posted by: John W. | January 3, 2009 3:25 AM
http://www.suntimes.com/news/metro/blagojevich/1360191,harry-reid-blagojevich-jesse-jackson-010209.article
Posted by: Linda P | January 3, 2009 5:39 AM
Maybe we should revoke our organ donor cards if Jesse decides to be te supreme leader of AmeriKa.
What about a trial first, folks?
Anybody else worried bout all the excess wire tapping going on?
Posted by: Read BraveNew World again, kids | January 3, 2009 8:41 AM
Let Burris in -
He is far better than any of the"tainted ones"
on the Obama-Rahm List.
Posted by: Inky | January 3, 2009 11:24 AM
Oh, Flo... come on now...I know you just can't wait to see my posted comments...get'ya riled up...itchy fingers on the old keyboard...mind into overdrive...be honest now.
Posted by: Bubba Porter | January 3, 2009 12:11 PM
Here's where I'm confused - whenever someone is involved in a legal battle, they (and by proxy their decisions) are suspended when that battle is criminal and related to their work decisions. For example, an accountant in a corporation is charged with embezzling - he hasn't had his court date yet, but he's also NOT allowed to work with money; same thing with cops charged with abusing their authority or teachers assaulting their students. The accusation is sufficient to require suspension while investigation and trial take place. So, why is the governor still allowed to make any decisions relative to this Senate seat - he's an employee who is accused of doing something illegal relative to the particular Senate seat in question. I appreciate that Burris probably wasn't involved, but I, for one, would feel much better if Blago wasn't involved in any way with his appointment, and if Burris would just be patient - my 4 year old waits about as well as he seems to...
Before you discount me as "not living in IL, therefore not allowed to have an opinion," understand that I lived there for almost 10 years until about 2 months ago. I worked in a CC in central IL and FELT the continuous budget cuts made by the current governor - they didn't hit my paychecks, but they seriously hit the services we could provide to the students. What that means is that I'm less than charitable to Blago, his cronies and the whole mess.
I did some hunting on Burris' history, too - while he might be "clean" as politicians go, he hasn't been a player of note since 1994 - he's politically washed up, and this is his last chance to have the limelight. I'm not impressed. He will also have a say, currently, where I'm living as a US Senator, so, I'm a little concerned.
here's to harmony,
LadyGrey
Posted by: LadyGrey | January 3, 2009 5:46 PM
I am interested in which of these commentators are actually from Illinois. As someone who comes from Illinois, I can tell you that few citizens of the state are surprised by hearing these accusations against Blagojevich. His time in politics has brought up many questionable actions/situations. I do think that it is unjust to act on mere accusations, but you have to understand that people in Illinois are pretty fed up with the political system in the state. We know many of our officials are corrupt. However, we frequently see them serving long periods of time before they get caught. When the people who have the power to end political corruption are themselves corrupt, calling for the "rule of law" to bring about justice rings hollow. In my own opinion, I don't see why a governor in the process of a legal trial involving his gubernatorial actions should be allowed to continue wielding that power. If we speak of justice, this seems to enable the unjust rather than the just.
It is easy to see this story break in the news and have all sorts of comments about it, but please take the time to understand the history behind it. Do not be so simplistic as to think that these are merely the political machinations of partisanship. This is also about a state that does not know how else to control the actions of leaders that continually fail to provide effective and moral leadership.
Posted by: joyfl29 | January 3, 2009 6:30 PM
“In my own opinion, I don't see why a governor in the process of a legal trial involving his gubernatorial actions should be allowed to continue wielding that power.”
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Posted by: joyfl29 | January 3, 2009 6:30 PM
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It’s the way it is because Blagojevich hasn’t even been impeached yet, much less convicted on impeachment. Article V, Section 6, Subsection (b) of the Illinois Constitution only provides for the removal and replacement of a Governor upon his inability “to serve because of death, conviction on impeachment, failure to qualify, resignation or other disability ...” Being suspected of an impeachable offense is not a disability. Otherwise, a Governor could be removed and replaced without being impeached - which would make the “conviction on impeachment” language useless. The rules of construction prohibit an interpretation, as such, that would make entire phrases of the Constitution inoperative. Moreover - unlike the laws involving non-elected civil servants, there is no provision in the Illinois Constitution for a temporary suspension or replacement of the Governor pending an investigation. Therefore, Blagojevich will be the Governor, and will have all the powers of the Governor, until and unless he dies, is impeached and convicted on impeachment, resigns, develops some other disability which prevents him from serving, or is put out of office by the election of a new Governor.
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If you don’t like this situation, then you have to get someone to amend the Illinois Constitution to provide for an interim suspension and temporary succession pending the outcome of impeachment proceedings. Until that happens, you are stuck. Whatever happens, however, there is no good reason to bend the Constitution.
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FYI - the entire text of the Illinois Constitution can be found at: http://www.ilga.gov/commission/lrb/conent.htm I direct your particular attention to Article IV, Section 14, and Article V, Section 6 which deal, respectively, deal with impeachment and succession in office.
Posted by: John W. | January 3, 2009 7:40 PM
Don't bother Bubba. Flo is a dead-ender. Race baiting, homophobia, and misogyny are just fine with Flo - as long as it's the Obama camp doing the dishing. Funny thing about Flo, she sure can dish it out, but definitely can't take it.
Posted by: Bemused | January 4, 2009 7:43 AM