Blago Appointee Goes To Ill. Supreme Court

Roland Burris Asks Court To Force Secretary Of State To Certify His Appointment To Senate

(CBS/AP)  U.S. Senate appointee Roland Burris has asked a court to force Secretary of State Jesse White to certify his appointment to President-elect Barack Obama's old Senate seat.

An attorney for Burris says paperwork was filed today with the Illinois Supreme Court.

It's the start of legal wrangling over the Senate seat. Illinois Gov. Rod Blagojevich appointed Burris on Tuesday despite the governor's arrest on federal corruption charges.

White rejected Blagojevich's proclamation and says he won't sign off on appointments by Blagojevich because of the accusations against him. The governor says he's innocent.

White spokesman Dave Druker said the state agency had not reviewed the court filing but believes it is acting within its authority.

The issue of race may become a complicating factor in Illinois Gov. Rod Blagojevich's controversial appointment of Burris to the same seat the governor is accused of trying to sell.

The move has been widely criticized by Senate Democrats and the Illinois secretary of state said he would not certify the appointment of the 71-year-old Burris, the first African-American elected to major statewide office.

But proponents of the appointment say the Burris' potential spot as the Senate's only African-American trumps concerns about the scandal-plagued Blagojevich.

"The recent history of our nation shows us that sometimes there can be individuals and there can be situations where you have officials standing in the way of schoolchildren," Illinois Rep. Bobby Rush told CBS' The Early Show Wednesday. "And I'm sure the U.S. Senate doesn't want to see themselves placed in the same position."

Rush, a Democrat, said opponents of Blagojevich's appointment "need to take a chill pill," and insisted that Illinois residents "should not be denied representation," in a Senate that will likely vote on Obama's immense economic stimulus package in the coming months.

Fifty members of the U.S. Senate Democratic Caucus have signed onto a letter chastising Blagojevich for taking this defiant step, reports CBS News correspondent Cynthia Bowers. And Mr. Obama came out in opposition the move.

"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," the president-elect said in a statement.

But Rush dared Senate Democrats Tuesday to block Roland Burris' appointment, urging them not to "hang and lynch" the former state attorney general for the alleged corruption by his patron, Blagojevich.

"The real political tragedy, the real … moral issue that we face is why in the U.S. Senate there [are] no African-Americans. There are two Asians, three Latinos, 11 women, no African-Americans. Something is really, really wrong with that," Rush said on The Early Show.

After Rush's Tuesday comments, the racial aspect of the appointment became a central factor.

"Bobby Rush ... didn't play the race card. He dealt the whole deck," said CBS News political analyst Jeff Greenfield.

For his part, Burris said he was "humbled to have the opportunity" and promised citizens he would "uphold the integrity of the office and ask for their continued confidence in me."

---

Listen to Roland Burris' interview with CBS station WBBM in Chicago

---

Democratic state Rep. Monique Davis of Chicago, a member of an impeachment committee considering Blagojevich's fate, said Burris' appointment will have no bearing on its decision.

"Anybody that wants to put the race card in there, they're playing with the wrong group of people. We're not going to operate that way, we're not going to deliberate that way, we're not going to say, 'Oh, look what a good thing he's done.' We're not going to do it," Davis said.

Burris told CBS News he wont create a scene but he fully expects to be sworn in next week as Mr. Obama's successor.

Senate Democrats said that won't happen, and both sides are ready, if necessary, to fight it to the Supreme Court, reports CBS News correspondent Wyatt Andrews.

Meanwhile, U.S. Attorney Patrick Fitzgerald filed a motion seeking a 90-day extension to return an indictment against Blagojevich because "multiple witnesses" had come forward in recent weeks and and investigators have to review "thousands of intercepted phone calls."

"I don't think it's particularly significant that the U.S. Attorney's office has asked for an extension," writes CBS News legal analyst Andrew Cohen. "It's clear that new information about the case is coming out and remember, too, that there was a rush to bring the charges against Blagojevich to help ensure he didn't complete any of the bribery schemes he is alleged to have started."

Blagojevich was arrested Dec. 9 after federal prosecutors allegedly recorded conversations in which he discussed appointing someone Obama favored in exchange for a position in the new president's Cabinet or naming someone favored by a union if he got a high-level union job.

The governor has faced a flood of calls for his resignation, and the Illinois House has begun impeachment proceedings. He maintains his innocence, and has vowed to stay in office.

Illinois law gives the governor sole power to fill a Senate vacancy. Lawmakers considered stripping Blagojevich of that power after his arrest, but could not agree on legislation.

In a statement Tuesday, Senate Democrats maintained that Blagojevich should not make the appointment because doing so would be unfair to Burris and to the people of Illinois.

"It is truly regrettable that despite requests from all 50 Democratic senators and public officials throughout Illinois, Gov. Blagojevich would take the imprudent step of appointing someone to the United States Senate who would serve under a shadow and be plagued by questions of impropriety," the statement said.

"Under these circumstances, anyone appointed by Gov. Blagojevich cannot be an effective representative of the people of Illinois and, as we have said, will not be seated by the Democratic caucus."

Burris served as Illinois' comptroller from 1979 to 1991 and as the state's attorney general from 1991 to 1995. He also served as vice chairman of the Democratic National Committee from 1985 to 1989.

More recently, however, Burris has had a string of political disappointments. He lost campaigns for the Democratic gubernatorial nomination in 1994, 1998 and 2002 - the last time losing to Blagojevich. In 1995, he was badly beaten when challenging Chicago Mayor Richard Daley as an independent.

[likeitis5050]

Typical obstructionist politics from Democrats swearing to block Burris from taking a seat legally awarded by a governor NOT FOUND GUILTY OF ANYTHING. These are the people who are SUPPOSED TO KNOW THE CONSTITUTION BETTER THAN THE MAN ON THE STREET!!! Blogo may be dirty. Blogo may be no good. Blogo is accused of some nasty things. Blogo has NOT BEEN FOUND GUILTY. It''s Blogo''s DUTY to award the vacant seat...Burris is undeniably fit for the job...10 times more qualified than the previous Senator elected to the position (OBAMA!!!).

So watch the Democrats come unglued, tie things up for weeks/months, and all because they want the final say. Big fat babies. And this is how they operate, as a rule. Take a good look....it''s not going to get any better so long as Reid and Pelosi run things up in there.

[harbinger09]

This is not a race issue, and Blago knew what he was doing when he made this appointment. He should have stood aside while the charges/complaint were played out in court. The fact he is just hanging in their shows his lack of concern for the people, just concern for himself.
Burris may be a serious, good, loyal, politician. But to throw himself defiantly into this mess shows a lack of judgment.
To play the race card shows a complete disrespect for the political process. Even if I would have liked him for the senate before I would not now. He has tainted the appointment by his actions. It is wrong to try and bully your way into the United States Senate!

Posted by bhrater at 12:22 PM : Jan 01, 2009


Played out in what court? Fitzgerald did not even have enough to get an initial indictment and took the unusual step of asking for an extension--usually, if a prosecutor cannot present evidence to substantiate an arrest the case is dropped and is not picked up again until there is evidence--something is really wrong here and the Dems are chomping to eat this Blago guy. Sure he said stupid things--but SAYING stupid things is NOT illegal--there has to be intent--like someone actually bribing or paying for the seat or arrangements on tape to deposit money or do favors--without that--it is no different than anyone of us saying we would like to kill someone--if we don''t get weapons together, or attempt to hire a killer--the cops have NOTHING.

[harbinger09]

According to the law, people are INNOCENT until PROVEN guilty. The main accuser and investigator of Blago claims he needs more time to prove his case. That means, that until he can at least prove his case and get an indictment, Blago is innocent. Blago has a job to do--one of them is appointing a replacement for Obama. Congress has a job to do--that is to ensure whoever is appointed did not engage in pay to play games with Blago. Both can do their jobs and come out on top. All Congress has to do is thoroughly vet Burris--if he is clean, they have no right to stand in the way of his appointment. The federal gov does not decide who represents who from ANY state. They are overstepping their jurisdiction and basing on evidence which does not support the arrest.

Because no person is convicted for "saying" they are going to do anything--there must be proof of intent. like bribes accepted, political maneuverings, etc. The truth is, Fitz jumped the gun and did not have enough to indict--and the Dems for some reason, are only a bit too eager to eat one of their own--gotta wonder why--seriously doubt that it is that they finally have gotten a conscience--seeing as how Reid et al defended Ted Stevens when there already was an indictment against him and refused to rush to judgment.
They are acting like an idiotic lynch mob.

[themajority1]

A DemocRAT, that is.
--------------------------------------------------------------------------------
Posted by txgrouch2008

BLAGO IS A DEMOCRAT!
BLAGO IS A DEMOCRAT!
BLAGO IS A DEMOCRAT!
BLAGO IS A DEMOCRAT!
BLAGO IS A DEMOCRAT!

[samthetvcat]

pt 1

This whole situation from Blago, to the Ill. State Assembly, to Harry Reid to Barack is making me sick. Because okay, an obviously guilty guy is still in power, and he was actually right in showing with his little press conference drama that life isn''t black and white, it''s all shades of grey. But rather than rebut that truth with the more realistic assessment that while Blago had a point, there was still a line and Blago had crossed it while everybody else was still on the other side, Harry Reid and the Ill. Leg. seem intent on wanting to prove that things are in fact black and white, and they''re actually continuing to make Blago''s case that things are grey.

It''s technically a legal appointment, where''s Reid''s concern for representation, the people of Ill. who apparently wanted an election?

If you accept the shades of grey proposition along with the line demarcation rather than trying to force the black and white premise of social order, it becomes clear that Blago WOULD absolutely agree to appoint whoever everybody else tells him to appoint in Burris'' place - because he made his actions about providing representation and is trapped into the confines of accepting one which isn''t tainted by him.

[samthetvcat]

pt 2

It''s just not right to have people trying to vilify a decent man relatively speaking like Burris by trying to claim he''s against law and order, or for Burris to be trying to use the legal system to further something that might be right in letter but not spirit, or for Reid to be ignoring the legal system to further something on the spirit but not the letter. How much more disruption to the social order is the blocking-Burris route going to add when stimulus bills fall short by a couple of votes?

[jackp32]

I just love what is going on in Illinois. I wake up each day anxious to hear the latest. Keep up the good work and also keep it entertaining. The Dems are showing what big racists they are. They may be afraid that Burris may be too conservative. If he were a liberal weenie in the same vein as Reid and Kennedy they would be kissing up to Burris. That''s the way I see it.

[pvperson]

I''ll try again:

I''d bet the farm your about as "black" as my white asss and just as full of *****.

[pvperson]

"Mr. Burris and I are both much "blacker" than your messiah NObama is."

"NObama worshipping DumboCrapheads"

"I happen to be a black man who is only six years younger than Mr. Burris"

yeah, sure you are, after making such statements, I''d bet the farm your about as "black" as my white asss and just as ***.

[bhrater-2009]

This is not a race issue, and Blago knew what he was doing when he made this appointment. He should have stood aside while the charges/complaint were played out in court. The fact he is just hanging in their shows his lack of concern for the people, just concern for himself.
Burris may be a serious, good, loyal, politician. But to throw himself defiantly into this mess shows a lack of judgment.
To play the race card shows a complete disrespect for the political process. Even if I would have liked him for the senate before I would not now. He has tainted the appointment by his actions. It is wrong to try and bully your way into the United States Senate!

[gogwgo]

The 71 year old Burris is senile and should continue taking his meds. Why would a person with such a distinguished past want a tainted position? Bobby Rush should shut up. I phoned and faxed proof of constitutional violations to him concerning police misconduct and he never responded. He is not as "black" as he appears.
Posted by EdwinLJones at 09:16 AM : Jan 01, 2009
======================

I tell you what knumbnuts, I happen to be a black man who is only six years younger than Mr. Burris, and I can guarantee there is absolutely nothing senile about me.

BTW: Mr. Burris and I are both much "blacker" than your messiah NObama is.

[gogwgo]

Burris going to the Ill. Supreme Court is only the first step....

When the 99 white elitist US Senators refuse to seat this black man....Reckon how the USSC is gonna receive their racist actions if Blago still hasn''t yet been indicted, or impeached??

[gogwgo]

Keep one thing in mind, people - Blago.
Yes do, Keep this in mind, HE IS A NO GOOD CROOK. HE WILL END UP OUT OF OFFICE.
Don''t let him appointed anyone.
He should be in JAIL.
Posted by hitoyou11 at 10:34 AM : Jan 01, 2009
=====================


One good thing that has come of all this, it has forced all these NObama worshipping DumboCrapheads to finally reveal their narrow minded, un-Constitional selves as we see this one doing above with this "guilty until proven innocent" position.

I did note where CBS has stopped referring to Blago as the, "indicted Ill. Gov. Blago" and started calling him, "the arrested on federal charges Ill. Gov."


ROTFLMBAO!!!!!

[creeper00]

Democrats are pathetic. Reid, Pelosi and Obama rolled on FISA, trashed the more qualified candidate in the general election and spent our money like drunken sailors. NOW they take a stand?

They''re worse than Blagojevich.

Let us remember that Patrick Fitzgerald, the US attorney pursuing Blagojevich is a Republican. For all Democrats'' enthusiasm over the Scooter Libby trial, the simple fact is that Republicans orchestrated it to provide cover for Cheney, Bush and Rove. Fitzgerald is happiest when he''s embarrassing Democrats. That''s all that will come of this...some well-deserved embarrassment.

What a circus!

[hitoyou11]

Keep one thing in mind, people - Blago.
Yes do, Keep this in mind, HE IS A NO GOOD CROOK. HE WILL END UP OUT OF OFFICE.
Don''t let him appointed anyone.
He should be in JAIL.

[oreobama]

Just another example of the Chicago Sewer Machine in action.

[hairyonetooo]

If Burris was as good as everyone claims he would have refused the nomination to keep himself from being connected to such a slimeball like the Gov. Bla-or whatever his name. He seems very greedy to have his legacy proclaim "I was a U.S. Senator", I would rather have my legacy proclaim "I am a person of integrity and honor and I refused to be connected to this travesty".

[hairyonetooo]

Did Appointee Burris pay the price requested by the Governor?

[cezrh]

Let the people of ILLinois VOTE. What are they scare the people might pick someone who is for people and clean up corrupation.

[ginger20051]

If Burris is seated it will show that the courts, not the people, run the government!