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Democrat Senate Majority Leader Harry Reid’s arguments that he and the Democrat Caucus will be able to block Hot Rod Blagojevich’s apointment of former Illinois Attorney General Roland Burris to Barack Obama’s former U.S. Senate seat are laughable.

Responding to arguments that the Senate can only rule on narrow issues of qualifications, and not refuse to seat a member based on some broader judgment, Harry Reid’s spokesman, Jim Manley, emails over the argument of the Democratic leadership:

In response to those who are asking how this is different from Powell v. McCormack, in which supreme court said House could not refuse to seat a member based on his alleged corruption and said only qualifications to be considered are those listed in the Constitution:

[W]e are not making a judgment about qualifications of appointee, but about whether appointment itself is tainted by fraud, which we believe we are entitled to do under Art. 1 s. 5.

This is like judging the integrity of an election, free from fraud or corruption. It’s the process that led to the [appointment], not the appointee’s fitness.

Hot Rod Blagojevich is NOT a convicted anything and has NOT EVEN been indicted. The Illinois Governor has ONLY been charged for crimes related to the Senate appointment. Flap doubts that there will be any quick impeachment of the sitting Governor based on non-indictment charges.

Now, Patrick Fitzgerald, the United States Attorney has requested a 90 day extension to bring forward an indictment.

U.S. Attorney Patrick Fitzgerald has filed a motion seeking a 90-day extension to return of an indictment against Illinois Gov. Rod Blagojevich.

Federal prosecutors normally have 30 days to file an indictment against a defendant. That deadline would have been Jan. 7, and the extension would give prosecutors until April 7 instead.

Authorities arrested Blagojevich on Dec. 9 on corruption charges that accuse him of trying to sell President-elect Barack Obama’s vacant Senate seat to the highest bidder.

Blagojevich has denied any wrongdoing.

So, what is to prevent Roland Burris, duly appointed by a lawfully elected Governor of Illinois from taking his seat in the United States Senate in January? Harry Reid?

Flap welcomes the images from the Senate Chamber as Reid orders the Senate Seargent of Arms to physically bar an African-American former Illinois Attorney General from taking a seat. Anyone think this will happen?

But, should Reid order Burris off the Senate floor, the United States Supreme Court will issue an immediate injunction ordering the Senate to accept the appointment.

Whatever the process, Hot Rod will not be easily or quickly impeached and Roland Burris will be a United States Senator from Illinois.

Obama issues a statement condemning Hot Rod Blagojevich’s appointment of Roland Burris to his former Senate seat.

“Roland Burris is a good man and a fine public servant, but the Senate Democrats made it clear weeks ago that they cannot accept an appointment made by a governor who is accused of selling this very Senate seat. I agree with their decision, and it is extremely disappointing that Governor Blagojevich has chosen to ignore it. I believe the best resolution would be for the Governor to resign his office and allow a lawful and appropriate process of succession to take place. While Governor Blagojevich is entitled to his day in court, the people of Illinois are entitled to a functioning government and major decisions free of taint and controversy,” said President-elect Obama.

But, so what?

Unless the United States Supreme Court rules otherwise, the appoinment will stand.

But Supreme Court precedent suggests “no”: The Court held in Powell v. McCormack (1969), that “in judging the qualifications of its members Congress is limited to the standing qualifications prescribed in the Constitution,” such as age and citizenship. Now perhaps the Senators are right and the Court was wrong, and perhaps today’s Court would overrule Powell. But at least at this point, Powell seems to make clear that under Article I, Section 5 the Senate may determine whether the Senator should be seated solely based on the objective qualifications that the Constitution prescribes, and not based on its judgment whether Gov. Blagojevich ought to be entitled to make the appointment.

Senate Majority Leader Harry Reid and the President-Elect will have NO SAY as to this appointment.

Flap looks forward to the moral indignation from the Democrats on this appointment as they on the other hand accept it.

Hypocrites all.

Blago won this round.

Yep, Hot Rod is set to make the appointment within the hour and YES, Roland Burris is a long time Illinois Democrat hack who is a crony of Hot Rod.

Gov. Blagojevich today is expected to name former state Comptroller and Attorney General Roland Burris to Illinois’ vacant U.S. Senate seat, a knowledgeable source said this morning.

A news conference is scheduled for 2 p.m.

llinois Secretary of State Jesse White said he intends to block Gov. Blagojevich’s appointment of Roland Burris as U.S. Senator. As secretary of state, White must certify the appointment and said in a statement he will not do so.

“I have previously stated publicly I cannot cosign a document that certified any appointment by Rod Blagojevich for the vacant United States Senate seat in Illinois. Although I have respect for former Attorney General Roland Burris, because of the current cloud of controversy surrounding the governor, I cannot accept the document,” White said.

And, Senate Majority Leader Harry Reid has said the Democrat caucus in the U.S. Senate will NOT accept the Burris appointment from Hot Rod (or ANY appointment) who was arrested and charged earlier in the month for trying to sell Obama’s former seat.

The Senate will not seat Roland Burris if Illinois Governor Rod Blagojevich attempts to appoint him, a Democratic leadership aide said.

Majority Leader Harry Reid views Burris as “unacceptable,” the aide said.

It is obvious that Blago is sticking a finger in the eye of the Democrat Party. And, playing a little African-American identity politics at the same time.

And, the Democrat “Culture of Corruption” lingers on and on…….

Now, all the GOP needs is for Al Franken to win in Minnesota and the comeback for the GOP will begin in earnest.

Visit msnbc.com for Breaking News, World News, and News about the Economy

No, not really.

President-elect Barack Obama’s incoming chief of staff Rahm Emanuel had a deeper involvement in pressing for a U.S. Senate seat appointment than previously reported, the Sun-Times has learned. Emanuel had direct discussions about the seat with Gov. Blagojevich, who is is accused of trying to auction it to the highest bidder.

Emanuel talked with the governor in the days following the Nov. 4 election and pressed early on for the appointment of Valerie Jarrett to the post, sources with knowledge of the conversations told the Sun-Times. There was no indication from sources that Emanuel brokered a deal, however.

The Tapes! The Tapes! The Tapes Boss!

American voters will learn more when Patrick Fitzgerald receives a Blagojevich indictment and the wiretap tapes flow to Blago’s attorney and thus the world.

Rham Emanuel is starting to glow (i.e. becoming radioactive).

Stay tuned…….

Previous:

Obama Chief of Staff Rahm Emanuel Pushed Hot Rod Blagojevich to Appoint Valerie Jarret to Obama’s Senate Seat

Was the SEIU an Obama – Blagojevich Intermediary for the Senate Seat? Part Two

Barack Obama on BlagoGate:”Absolutely Certain” No Deal Making From Transition Team – But, Who Tipped Off Valerie Jarrett?

The Blagojevich Private Conference Call, Valerie Jarrett and The Obama Transition Team

Was the SEIU an Obama – Blagojevich Intermediary for the Senate Seat?

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Technorati Tags: Barack Obama, Rahm Emanuel, Rod Blagojevich, Valerie Jarrett

Rahm Emanuel has been photographed along with David Axelrod at Barack Obama’s side as “The One” has announced his cabinet members this week – along with the cover-up mantra of not wanting to impede the Blagojevich investigation at the request of the United States Attorney, Patrick Fitzgerald. But, the effervescent and garrulous Emanuel who MAY become Obama’s Presidential Chief of Staff has been mute as to his involvement in the political scandal.

Why?

It is easy.

The report is that Patrick Fitzgerald has Rahm on tape 21 times talking to Blagojevich or his staff about appointing Obama’s pick to the U.S. Senate. And, who has custody of the tapes?

Nobody, except the United States Attorney – until Blagojevich is indicted.

Rahm Emanuel is afraid that if he comments or tries to spin the flap that the tapes will prove inconsistencies and/or mistatements, rendering him “radioactive” and OUT THE DOOR. So, he remains quiet and Obama covers for him – at least until next week (December 22nd).

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