Burris Presses On

Illinois U.S. Senate appointee Roland Burris talks with the media after arriving in Washington, D.C., where he faced a showdown on Capitol Hill about whether he’ll succeed President-elect Obama. (AP Photo)

In a somewhat inauspicious start to the 111th Congress, the former Illinois attorney general was barred from entering the U.S. Senate chamber Tuesday as he sought to claim the seat vacated by President-elect Barack Obama.

The move was not unexpected. Democratic leaders had warned they would not accept Burris’ appointment by embattled Illinois Gov. Rod Blagojevich, who faces federal charges for his alleged attempts to sell Obama’s former seat.

“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,” said Majority Leader Sen. Harry Reid (D-Nev.) and Sen. Dick Durbin (D-Ill.) in a statement last week, a position supported by all 50 senators.

In a hurried press conference after his rejection, Burris said he was “not seeking any type of confrontation,” but he and his lawyer, Timothy W. Wright III made it clear they would pursue the matter.

Though Wright did not offer a specific plan, he said they were prepared to take the matter to "the highest court in the land." A current appeal to the Illinois Supreme Court has not yet been decided.

Wright added, “The outcome we will be looking for is that Sen. Roland Burris will be standing on the floor of the Senate conducting his responsibilities as the junior senator from the state of Illinois."

Senate secretary, Nancy Erickson told Burris he could not have access to the Senate floor because his credentials were “not in order,” since his certificate of appointment was missing the signature of Illinois Secretary of State Jesse White.

Henry Haupt, a spokesman for White, told the AFRO the secretary’s decision was “not about Roland Burris,” but had “everything to do with the cloud of controversy surrounding the governor.”
“Secretary White made it clear -- even before any appointment was made,” Haupt added, “that he would not accept or co-sign on any appointment to that seat because that would be a violation of his ethical responsibility to the state and the people of Illinois.”

Wright and a growing number of scholars say in rejecting Burris’ credentials, the Senate overreached its constitutional powers and that the act was “against the law of this land.”

Bruce Fein, a constitutional lawyer and an associate deputy attorney general in the Reagan administration, said in a Washington Times commentary that Burris’ appointment is legal because Blagojevich is still the governor.

"That Mr. Blagojevich was under a dark criminal and impeachment cloud when he elevated Mr. Burris is beside the point,” Fein said. “President William Jefferson Clinton did not forfeit his power to appoint, sign legislation, or negotiate treaties during his impeachment ordeal.”

He continued, “Democrats are not questioning Mr. Blagojevich's general authority to discharge his gubernatorial responsibilities until or unless he is impeached, convicted and removed from office. Mr. Burris' appointment has been made a lone exception for partisan political reasons."

Others, including Burris and Illinois Cong. Bobby Rush, say some also will perceive racism as one of those reasons -- especially since Obama’s seat was the only one held by an African American.

“It could give the appearance to a lot of individuals -- not only African Americans,” Burris said in an interview with Meredith Vieira, co-host of NBC’s “Today.” “Is it racism that’s taking place? That’s the question that someone else could raise.”

Rush warned Democratic leaders, “There are no African Americans in the Senate. And I don't think that anyone -- any U.S. senator who's sitting in the Senate right now -- wants to go on record to deny one African American being seated in the U.S. Senate.”

Beyond the racial overtones, other political observers say that the Burris affair -- which on Tuesday had evolved into a media circus -- was a sour note on which to usher in a Democrat-led White House and Congress.

“Is it racism that’s taking place?”

In a Jan. 6 commentary on CNN, Republican strategist Ed Rollins, who served as political director for President Ronald Reagan, urged Democratic leaders to seat Burris.

“This is one battle you don't need,” Rollins said. “The last thing you and your caucus wants now -- or the new president needs -- is a battle over seating his replacement for the last two years of his term.”

That Burris -- the first African American to be elected to statewide office in Illinois -- is eminently qualified makes his rejection by Democrats even more of a self-punishment, many said.

Burris, 71, is one of the state’s political stars, having served as the attorney general and comptroller among other roles.

Democrats say they will have no problems seating him, however, if the Illinois Supreme Court determines that Secretary of State White should sign the certification.

“If Mr. Burris takes possession of valid credentials,” Reid said in a floor statement, Tuesday, “the United States Senate will proceed in a manner that is respectful to Mr. Burris while ensuring that there is no cloud of doubt over the appointment to fill this seat.”