January 11, 2009, 8:10 P.M.
The Senate Secretary
refused the credentials of Senator-designate Roland W. Burris when he presented them on Tuesday. On Thursday, the Senate leadership, in the persons of Harry Reid (D-Nevada) and Dick Durbin (D-Illinois), stepped back from an earlier statement indicating that the Senate would block Burris from taking the seat. This not so surprising turnaround comes, of course, with some conditions.
It had earlier been suggested that Senate leaders would try to cut a deal with Burris and seat him if he agreed not to run for re-election when the term expires. Of course, Burris refused. He had no reason to accept those terms because neither the Senate leadership nor anyone else had the authority to impose such conditions.
Burris knew that he was not going to be seated on Tuesday. Not because of the taint on his appointment by Rod Blagojevich, but rather because his credentials were not in order. I think Burris knew that, in order to have standing to ask the Illinois Supreme Court to compel the Illinois Secretary of State Jesse White to certify his credentials, he needed to be refused on Tuesday. Until he was refused a seat, his complaint was simply not “ripe” for judicial intervention.
Because White has refused to sign Burris’ appointment papers, his credentials are not in order and the Senate cannot seat him. Of course, in its reversal of position, the Senate leadership now says it will seat Burris provided that he “takes possession of valid credentials.” All that is missing is White’s signature. Without the signature, the certificate of appointment does not comply with Senate rules. White refuses to sign off on the appointment because of his obvious disdain for Blagojevich and his belief that the appointment of Burris is somehow not legitimate. He also claims that the Illinois Supreme Court cannot compel him to sign the papers. Wrong on both counts, and as Illinois’ Secretary of State, he should uphold the law, whether he likes it or not. That is what he swore an oath to do. The Supreme Court can compel him to sign because to continue to refuse to do so is without legal right or foundation. Regardless of what Attorney General Mulligan says, the signature is more than a formality; it is a requirement.
Blagojevich is the Governor of Illinois. A criminal complaint, not an indictment, has been issued against him. He is innocent until proven guilty, and he remains the Governor until removed. A conviction, incidentally, is not a sure thing.
Speaking of being seated...
Today, I had the pleasure of being sworn in as a Belknap County Commissioner representing the First District. I was sworn in alongside other elected and appointed county officials and was thrilled to have my wife, daughters and friend, School Board member Stacie Sirois, there to share the honor.