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.

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.