Barack Obama,  Rod Blagojevich,  Roland Burris

A Roland Burris Disqualification Showdown Scenario – A Senate Validity Resolution?

Blagojevich Bobby Rush and Roland Burris

Rep. Bobby Rush speaks after Illinois Gov. Rod Blagojevich announces his choice of former Ill. Attorney General Roland Burris, right, to fill President-elect Barack Obama’s Senate seat

Yes, Harry Reid will manuver a Senate Resolution to study the validity of Roland Burris’ appointment to the U.S. Senate until his appointment by Rod Blagojevich is MOOT.

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.

The scenario is plausible and why it was floated to the left-supporting Time Magazine for comment and vetting. But, what is in Burris’ interest to not raise a stink on the floor and then immediately march over to the U.S. Supreme Court to challenge the entire process as a subterfuge?

Maybe President-Elect Obama can promise him the Ambassadorship to some vacation resort island country?

Or maybe the U.S. Senate Democrats can let it go and allow this seventy-three year old African-American to serve two years, then retire and then get a federal appointment?

The deals will be made this weekend.

Does Patrick Fitzgerald have his microphones turned on?


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