
Like many of my fellow bloggers, I don’t have the credentials to argue the legal issues. I’m inclined to believe no matter what the constitution or case law says, if the Senate wants to keep Burris out, it can find the legal way to do it. Politically, on the other hand, I’m betting Burris gets sworn in. And Blagojevich — after providing plenty more fodder for the late night comics (who never doubted the pols would give them more material) — will walk. No conviction. No time. Maybe a plea and small fine.
When I was a much younger man I paid the rent for a lease-holding, unemployed roommate. When I found a better apartment and told the roommate, he changed the locks and locked me out in anger. When I had the superintendent let me in to gather my belongings, the roommate had me arrested for burglary. Hauled off from my place of employment, finger-printed, booked and released, I had to hire a lawyer and show up in court. Three times! The ex-roommate called in sick. On the third the case was thrown out. My only recourse was to file a civil suit that would cost more money and recover none. I walked away with a lesson learned: the law can be used as an ugly weapon.
Blagojevich’s evident glee at the press conference announcing Roland Burris and featuring Bobby Rush — the only person ever to defeat President-elect Barack Obama in any election for any office — reminds me of the evil genius of that long-ago roommate. I know nothing of Chicago politics but I knew something about NYC politics. It’s simply not out of the question that Blagojevich understood he could get a don’t “hang or lynch” Burris quote from a Bobby Rush. My problem with the pick has nothing to do with law or the constitution. My problem is it epitomizes old-school big-city racial politics at its worst. I hope Obama got a lot of R&R on that last vacation of his. This circumstance may be the least of his problems; but for his post-racial presidency it may be the most iconic.
Oh, and, btw, to those who say that Burris should have turned it down, I say right back to you that Charlie Rangel should have announced that he will not run again and saved everyone a whole lot of angst! Burris has nothing to lose!
Blago may be evil, but he's pretty dumb. A genius would have gotten away with collecting a bunch of money (or whatever he wanted) in exchange for this Senate seat.
It seems to me that Burris is a perfectly acceptable appointment.
It also seems to me that the problem isn't Burris or Bobby Rush or the Blagomeister or racial politics or any kind of urban blah-blah-blah.
It seems to me that the problem is Harry Reid painted himself into a corner by proclaiming that the Senate would refuse to seat anyone appointed by Blagojevich.
If Reid were competent, this story, once exposed, would have stayed in Chicago.
thanks for a thoughtful and honest article Joe.
agreed George. I dont see a single Constitutional reason why Burris cant be seated. In fact I believe there are only three Constitutional gates one has to pass, and Burris easily has the key to each.
However, perhaps some young lawyer might undertake to argue, depending on the intricacies of how the law is written in Illiniois– and federally– that a Governor accused of a 'felony' offense may have ALSO used 'innocent appointees' as 'soft bribery' to block further discovery of crimes ….as in rewarding silence in a third or fourth party.
I imagine that the Fed Copper is going to look at everything including who benefits from Burris being appointed, and who does not. The part of this contretemps that makes some people livid is hearing from some that the Senate 'must' have an African American in it. I think the cultural issue of seeming efforts, at least in some people's minds, for eidetic patterning in the Senate 'since Obama is African American, then his successor must be African American… is an interesting cultural trope.
dr.e