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WASHINGTON — Democratic leaders seeking to bar Roland Burris from the Senate suffered a rift in their united front as they prepared to meet with him Wednesday to begin negotiations over whether he will be able to take the seat vacated by President-elect Barack Obama.
Hours after the Senate turned Burris away when he tried to claim the seat, Sen. Dianne Feinstein (D-Calif.), the outgoing chairwoman of the committee that judges senators' credentials, urged that the Senate seat Burris, adding a new wrinkle to the struggle. She argued that his appointment by Gov. Rod Blagojevich was lawful regardless of the corruption allegations against the Illinois governor.
"If you don't seat Mr. Burris, it has ramifications for gubernatorial appointments all over America," Feinstein told reporters in a Capitol hallway Tuesday. "Mr. Burris is a senior, experienced politician. He has been attorney general, he has been [comptroller], and he is very well-respected. I am hopeful that this will be settled."
Still, a Democrat leadership aide said Feinstein's position does not alter party leaders' stance that Burris should not be allowed to take the Senate seat.
Tuesday was a day of political theater in a conflict over the Senate seat that combines political and legal maneuvering.
The 71-year-old former Illinois attorney general was not allowed onto the Senate floor when he arrived for the opening day of the new Congress.
But throngs of reporters and camera crews documented every movement as Burris came and went from the building, escorted every step of the way by the Senate sergeant-at-arms. The sergeant-at-arms, charged on Tuesday with preventing Burris from reaching the floor, was an old acquaintance—former Illinois State Police Chief Terrance Gainer.
The media contingent filled a hallway outside a Capitol office while Senate officials sat across a table from Burris inside and rejected his credentials out of view of the cameras. As he left the building, a Senate employee walked beside Burris with an umbrella, and police cleared the way as Burris proceeded to a news conference at a park.
"My name is Roland Burris, the junior senator from the State of Illinois," Burris declared. "I was advised that my credentials were not in order."
After the hourlong drama, Fred Lebed, Burris' longtime business partner, pronounced their camp "pleased" with how the morning unfolded.
Burris' attorneys moved to amend an Illinois lawsuit they have filed to bolster their case for an expedited ruling on their request for an order requiring Secretary of State Jesse White to co-sign the governor's appointment of Burris.
White has refused to sign the appointment, and the Senate officially refused to seat Burris on the grounds that his certificate was not co-signed.
"We don't believe the people of Illinois elected Jesse White to be the de facto governor," said Burris' attorney Timothy Wright.
In the new court filing, Burris' legal team argues that White's refusal to certify the appointment is "entirely inconsistent" with his approval of a special election set this week by Blagojevich to fill former Rep. Rahm Emanuel's vacant congressional seat.
Both Burris and Senate Democratic leaders have backup plans to advance their strategies.
Burris' legal team is preparing a federal lawsuit, based on a precedent set when the U.S. Supreme Court rejected efforts by the U.S. House of Representatives to exclude Rep. Adam Clayton Powell.
Should Burris gain the second signature on his appointment certificate, Senate Democratic leaders have a plan in place to refer the issue of seating him to the Senate Rules Committee for an investigation that would drag on until after impeachment proceedings against Blagojevich conclude. The end game would be to then seat a senator appointed by Lt. Gov. Pat Quinn.
But Feinstein, as a member of the Rules Committee with additional standing as its most recent past chairwoman, could hinder that strategy with her support for Burris.
That is a shift from last month, when 50 members of the Senate Democratic caucus, including Feinstein, signed a letter after Blagojevich's arrest asking him not to fill the vacancy.
Even before Feinstein's break with party leaders on Burris, Senate Majority Leader Harry Reid (D-Nev.) signaled Sunday that he was open to negotiations.
Reid and Assistant Majority Leader Dick Durbin (D-Ill.), who are scheduled to meet with Burris on Wednesday, argue that any appointment made by Blagojevich is tainted because of the criminal charges that the governor tried to sell his appointment to the seat.
Tribune reporter Monique Garcia contributed to this report from Chicago.
mdorning@tribune.com
Hours after the Senate turned Burris away when he tried to claim the seat, Sen. Dianne Feinstein (D-Calif.), the outgoing chairwoman of the committee that judges senators' credentials, urged that the Senate seat Burris, adding a new wrinkle to the struggle. She argued that his appointment by Gov. Rod Blagojevich was lawful regardless of the corruption allegations against the Illinois governor.
"If you don't seat Mr. Burris, it has ramifications for gubernatorial appointments all over America," Feinstein told reporters in a Capitol hallway Tuesday. "Mr. Burris is a senior, experienced politician. He has been attorney general, he has been [comptroller], and he is very well-respected. I am hopeful that this will be settled."
Still, a Democrat leadership aide said Feinstein's position does not alter party leaders' stance that Burris should not be allowed to take the Senate seat.
Tuesday was a day of political theater in a conflict over the Senate seat that combines political and legal maneuvering.
The 71-year-old former Illinois attorney general was not allowed onto the Senate floor when he arrived for the opening day of the new Congress.
But throngs of reporters and camera crews documented every movement as Burris came and went from the building, escorted every step of the way by the Senate sergeant-at-arms. The sergeant-at-arms, charged on Tuesday with preventing Burris from reaching the floor, was an old acquaintance—former Illinois State Police Chief Terrance Gainer.
The media contingent filled a hallway outside a Capitol office while Senate officials sat across a table from Burris inside and rejected his credentials out of view of the cameras. As he left the building, a Senate employee walked beside Burris with an umbrella, and police cleared the way as Burris proceeded to a news conference at a park.
"My name is Roland Burris, the junior senator from the State of Illinois," Burris declared. "I was advised that my credentials were not in order."
After the hourlong drama, Fred Lebed, Burris' longtime business partner, pronounced their camp "pleased" with how the morning unfolded.
Burris' attorneys moved to amend an Illinois lawsuit they have filed to bolster their case for an expedited ruling on their request for an order requiring Secretary of State Jesse White to co-sign the governor's appointment of Burris.
White has refused to sign the appointment, and the Senate officially refused to seat Burris on the grounds that his certificate was not co-signed.
"We don't believe the people of Illinois elected Jesse White to be the de facto governor," said Burris' attorney Timothy Wright.
In the new court filing, Burris' legal team argues that White's refusal to certify the appointment is "entirely inconsistent" with his approval of a special election set this week by Blagojevich to fill former Rep. Rahm Emanuel's vacant congressional seat.
Both Burris and Senate Democratic leaders have backup plans to advance their strategies.
Burris' legal team is preparing a federal lawsuit, based on a precedent set when the U.S. Supreme Court rejected efforts by the U.S. House of Representatives to exclude Rep. Adam Clayton Powell.
Should Burris gain the second signature on his appointment certificate, Senate Democratic leaders have a plan in place to refer the issue of seating him to the Senate Rules Committee for an investigation that would drag on until after impeachment proceedings against Blagojevich conclude. The end game would be to then seat a senator appointed by Lt. Gov. Pat Quinn.
But Feinstein, as a member of the Rules Committee with additional standing as its most recent past chairwoman, could hinder that strategy with her support for Burris.
That is a shift from last month, when 50 members of the Senate Democratic caucus, including Feinstein, signed a letter after Blagojevich's arrest asking him not to fill the vacancy.
Even before Feinstein's break with party leaders on Burris, Senate Majority Leader Harry Reid (D-Nev.) signaled Sunday that he was open to negotiations.
Reid and Assistant Majority Leader Dick Durbin (D-Ill.), who are scheduled to meet with Burris on Wednesday, argue that any appointment made by Blagojevich is tainted because of the criminal charges that the governor tried to sell his appointment to the seat.
Tribune reporter Monique Garcia contributed to this report from Chicago.
mdorning@tribune.com
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