Roland Burris to Succeed Barack Obama in Senate

Blagojevich Appointment Approved Despite Impeachment

Jan 13, 2009 David J. Shestokas

Leaders of the United States Senate allowed the law to trump politics, dropping objections to Rod Blagojevich's Senate choice.

In a short two weeks, leadership of the United States Senate did an about face regarding the appointment of Roland Burris by Rod Blagojevich to fill out the Senate term of Barack Obama. Senator Harry Reid, Senator Dick Durbin and 50 Democrat Senators had sent a letter to Illinois Governor Rod Blagojevich saying any appointee of his would not be seated.

Despite Arrest, Governor Retains Appointment Authority

Blagojevich had been arrested by the federal government and is charged by way of a criminal complaint for allegedly attempting to sell the Senate seat vacated by Obama and additional charges of corruption. He has yet to be indicted by a grand jury. He has been impeached by the Illinois House, and awaits trial by the Illinois Senate. Despite the arrest and impeachment under the United States Constitution and Illinois law Blagojevich had the sole power to appoint Obama’s successor.

Despite the letter from the Senators and a pledge by Illinois Secretary of State to not certify the appointment, Blagojevich appointed former Illinois Attorney General Roland Burris to the Obama seat. The Senators originally claimed they could freely judge the qualifications of Burris and potentially reject him because of the controversy surrounding Blagojevich. They additionally based the rejection upon a 135 year old Senate rule requiring a document with the signature of both the governor and the secretary of state.

Burris Goes to Illinois Supreme Court and the Senate

Secretary White ultimately refused to sign Blagojevich’s appointment. Mr. Burris presented the document with only Governor’s signature to the Secretary of the Senate. Acting upon instructions of the Senate leadership, the Senate official turned Mr. Burris away and out into the rain.

Mr. Burris had gone to the Illinois Supreme Court asking the court order Secretary White to certify the appointment of Governor Blagojevich. The Court ruled that White’s signature was not required under Illinois law to make the appointment effective. The Court also pointed out that the governor had properly registered the document and that any citizen could get a copy of the governor’s document accompanied by a certification from the Secretary of State’s office that it was an official document of the State of Illinois.

Mr. Burris, armed with the court’s opinion, and now two documents returned to the Senate. In the interim, Mr. Burris had testified before the Illinois House Impeachment Investigation Committee representing under oath that he had cut no deal with Blagojevich for the appointment. Mr. Burris has now been accorded the privileges of Senator-elect, with swearing in to come soon.

Senators Set Requirements not in the Constitution

Reid and Durbin had set down certain requirements in return for dropping opposition to seating Burris. Among those requirements was that he testify before the committee as he did. They originally maintained Burris would still have to meet the signature requirement from the old Senate rule. That apparently changed with the decision of the Illinois Supreme Court and preparations by Burris’ lawyers to sue the Senate in federal court.

It was rumored that a pledge was sought from Burris that he would not seek election in his own right in 2010 when the Obama term runs out. Burris has not made such a pledge publicly.

Blagojevich, Reid and Durbin Follow the Law

Illinois law provides that the Governor “shall” make an appointment to fill a Senate vacancy. Whatever else Blagojevich may have done, in this instance he was following the law. It is interesting to note that the Democrat Senators objection to the Blagojevich appointment was based upon his purported attempt to personally benefit from making the Senate appointment.

Those same Senators then set conditions of their own choosing for agreeing to allow the appointment. The Senators did not do what was legally required until their own wishes were met regarding the Senate seat.

The difference between Blagojevich and the Senators appears to be one of degree.

The copyright of the article Roland Burris to Succeed Barack Obama in Senate in Law, Crime & Justice is owned by David J. Shestokas. Permission to republish Roland Burris to Succeed Barack Obama in Senate in print or online must be granted by the author in writing.

Senator Dick Durbin

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