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Burris claims Senate victory but obstacles remain |
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By J. Taylor Rushing
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Posted: 01/09/09 08:46 PM [ET] |
Roland Burris appeared to have won his certification battle in Illinois on Friday, leaving Senate Democratic leaders with even fewer options in the aspiring senator's attempt to enter the chamber.
Burris won on two fronts Friday; The Illinois Supreme Court ruled that Illinois Secretary of State Jesse White does not have to sign the certification paperwork by Gov. Rod Blagojevich (D-Ill.), meaning Burris's appointment to the Senate last month is valid as it is. And White co-signed a document that identifies Burris as the governor's appointment, which Burris's attorneys say provides them with the necessary certification to return to Washington and have Burris sworn in.
Senate Majority Leader Harry Reid (D-Nev.) and Majority Whip Dick Durbin (D-Ill.) said earlier this week that a Senate rule prohibits Burris or any senator from being seated unless they have certificates signed by their states' governors and secretaries of state.
"We think we have complied with whatever they've asked us to do, and we've come back with what they required," Burris attorney Timothy Wright III said in an early-evening conference call. "If they continue to not accept this, I believe we will make a decision to file suit in federal court. Anyone who looks at this has to conclude that we've complied."
Reid spokesman Jim Manley issued this statement in response: “The Senate Parliamentarian, the Secretary of the Senate and Senate Legal Counsel are advising Senate Leadership as we consider a way forward."
There is still a paperwork mess to sort through, however, and that leaves Senate leaders room to maneuver because there is still no single certification document signed by both Blagojevich and White. Blagojevich issued a statement on Dec. 31 identifying Burris as his choice for President-elect Obama's Senate seat, which White's office filed as they do all official state documents. Blagojevich aides asked White's office on Friday to co-sign a second statement that authenticates the first, which White did.
But there is still no certification document for Burris that has been signed by both Blagojevich and White, and Secretary of State spokesman Dave Druker said Friday night that White has not wavered from his position of refusing to sign the certification because of the corruption charges facing the governor.
Wright said the fact that there is still no single certificate signed by both Blagojevich and White is irrelevant since Burris has complied with the spirit of the Senate's requirements even if they are on different documents.
The developments cap yet another dizzying day of action in the case of Burris, who was appointed by Blagojevich, who is accused of trying to sell Obama's former seat. Burris's attorneys went to the state Supreme Court and the justices ruled mid-afternoon Friday that White didn't have to sign Burris's certification.
“Under the Secretary of State Act, the Secretary’s sole responsibility was to register the appointment, which he did,” wrote Judge Lloyd Karmeier in a nine-page opinion. “No further action is required by the secretary of state or any other official to make the governor’s appointment of Roland Burris to the United States Senate valid under Illinois law.”
Immediately after the Supreme Court ruling, Senate leaders said the ruling actually bolsters the claim of Reid and Durbin, since White could not be forced to sign the paperwork. The leaders pointed to an 1884 Senate rule that says senators must have a certificate signed by their states' governors and secretaries of state. In a private call to Senate leaders, White on Friday renewed his vow not to sign the document.
Burris said in a statement that the ruling proves he is indeed the junior senator from Illinois, as he has claimed for weeks.
“I am very happy that the Supreme Court ruled supporting our argument that everything surrounding this appointment was legal and complete,” he said. “This appointment meets the qualifications required by the U.S. Senate of all gubernatorial appointees to fill vacated seats … I am confident I have cooperated with all the requests of the U.S. Senate and I expect they will validate my credentials and seat me in a timely manner.”
Wright left little doubt that Burris would file a lawsuit in federal court in Washington, which would almost certainly take months to resolve. Blagojevich was impeached Friday and Senate leaders expect he will be removed from office by Illinois state lawmakers within weeks — long before the resolution of the lawsuit — allowing Lt. Gov. Pat Quinn (D-Ill.) to assume the governor's office and make a fully legal appointment. |
