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C-Span Washington Journal: Should the Senate seat Franken and Burris?

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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 08:38 AM
Original message
C-Span Washington Journal: Should the Senate seat Franken and Burris?
This should be entertaining.
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zbdent Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 08:41 AM
Response to Original message
1. If the Dems were NOT calling for Blag to step down, and were NOT blocking Blag's appt. of
Burris, the media would be playing up the "Why are the Dems coddling the OBVIOUS criminal Rod B. ???"
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KharmaTrain Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 10:16 AM
Response to Reply #1
16. The Illinois Democrats Didn't Stop It
"Obvious Criminal"? So nice that we've already had trial by corporate media. Why bother investigating any further, surely he should be shot at sunrise. The talking heads have spoken...and as always with little knowledge or concern for facts.

He'll be an "obvious" criminal when an indictment is returned, a trial is started and evidence presented. Then a jury of peers, not the corporate media, will decide how "obvious" his criminality is. If he's guilty, then let's talk about "criminal". Or else, let's start using that same definition for any GOOPer whose been arrested or even pulled over for a traffic violation...and let's throw in the teevee bobble heads as well.

The Illinois Democrats could have stripped Blago of his ability to select Burris, but they didn't. A simple vote would have either taken the power away or had hung it up in court to prevent any selection from moving forward, but they failed to act and now this horseshit will drag on.

This fiasco has gotten to the point I turn off the teevee when the Blagofest begins...facts are there's no indictment and nothing really new to add to this story until an indictment is returned.
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 08:45 AM
Response to Original message
2. Coleman for Chairman of RNC - Bwaaaaaaaaaaaaaaaaaah!
Looks like they know he lost or why are they raising this suggestion.
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Subdivisions Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 09:12 AM
Response to Original message
3. WJ - the best place to view and hear how stupid Americans are.
I just can't believe how stupid some people can be. Since I tuned in I've heard two callers dissing ACORN. I've heard one say that "Frankel" should not be seated because ACORN was involved in his campaign. I've heard another say that Burris, despite being appointed by an un-indicted governor, should not be seated.

The repugs seem to have successfully sullied and discredited ACORN's fine history of service to communities across this nation.
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CatWoman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 10:29 AM
Response to Reply #3
19. I heard that stupid woman (the Frankel comment)
what an ignorant twit.
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 09:18 AM
Response to Original message
4. both should be seated.
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 09:22 AM
Response to Reply #4
5. I agree. n/t
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 09:24 AM
Response to Original message
6. Franken yes, Burris no. n/t
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 09:27 AM
Response to Reply #6
7. why no, to Burris, Burris is no Blago
or maybe does anyone think Blago is using Burris to cause a rift. Blago has no love for Obama.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 09:36 AM
Response to Reply #7
8. The process whereby Burris was nominated was completely corrupted
and thus, Burris is not a legitimate appointee.
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 09:38 AM
Response to Reply #8
9. The process is not corrupt.
Chapter 10, Act 5, Article 25, Section 8 of the Illinois Compiled Statutes sets forth the process, and even Sen. Reid concedes that it appears to have been followed in the case of Burris' appointment.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 09:43 AM
Response to Reply #9
10. Yes, the process was corrupt
Blagojevich tried to sell the seat. End of story.

That corrupted the eintere process. Once he attempted to sell teh seat, and was arrested for it, the process could never be clean again.

That said, if they seat Burris, I'll never ever vote for him. 2010, that seat will go red. Mark my words.
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 09:48 AM
Response to Reply #10
11. It doesn't work that way.
Under the 17th Amendment, state executives have the authority to fill US Senate vacancies. Under Chapter 10, Act 5, Article 25, Section 8 of the Illinois Compiled Statutes, the Governor appoints a replacement to the Senate seat. Governor Blagojevich appointed Mr. Burris to fill the vacancy.

This is NOT about 'the process', it's about whether or not the vacancy was filled properly, and it's clear that it was.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 10:01 AM
Response to Reply #11
12. Well that's something the SCOTUS will have to decide
We'll see what they say in Burris v. Reid.
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 10:02 AM
Response to Reply #12
13. It'll never get that far.
Edited on Mon Jan-05-09 10:02 AM by ColesCountyDem
Sen. Reid will cave, because he knows he doesn't have a legal leg to stand on.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:04 AM
Response to Reply #13
22. Maybe
Maybe not.

We'll see.

The fact of the matter is, the Senate's responsibility to judge elections and returns has NEVER been tested, only its responsibility to judge qualifications.
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Bjorn Against Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:39 AM
Response to Reply #22
31. It is looking like Reid is already backing down.
SEN. REID: The state of Illinois deserves a vote in the United States Senate, and the people of the state of Illinois, the fifth most populous state in the union, deserve that vote. It's too bad Blagojevich has diverted attention from the real issue. And we'll--we're--as I've indicated, we're going to come--I'm going to meet with Senator McConnell, my Republican counterpart. I hope to do that Monday evening. I think it's around 6:00 or something like that. We'll talk about this. I hope we can solve this issue on a bipartisan basis.

MR. GREGORY: But there sounds to me like there may be some room here to negotiate and actually seat Burris?

SEN. REID: Hey, listen, David, I'm an old trial lawyer. There's always room to negotiate.

MR. GREGORY: All right, so you're not saying no completely that he won't serve?

SEN. REID: That's right.
http://www.dailykos.com/storyonly/2009/1/4/215838/5707/174/680217


I think Reid knows he has to seat Burris, he is just trying to do what he can to distance the Democrats from Blago and show that they do not approve of his corruption. In the end I think Burris will be seated, but not without a very public rebuke of Blago.



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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 10:02 AM
Response to Reply #11
14. Congress or Reid is more concerned regarding who appointed
Burris. They should just let the man take the seat for two years.
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 10:06 AM
Response to Reply #14
15. Yes 'm! n/t
:thumbsup:
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pocoloco Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 10:17 AM
Response to Reply #10
17. You don't fucking know that!
"Blagojevich tried to sell the seat."
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 10:29 AM
Response to Reply #17
18. Yes I fucking well know that
It's on tape.
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 10:29 AM
Response to Reply #18
20. Did he try selling it to Mr. Burris?
If so, it's news to me...
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:01 AM
Response to Reply #20
21. That does not matter one bit
The reasoning is simple.

People were removed from consideration for no other reason than the fact that Blagojevich attempted to sell it to them and they refused. This means qualified individuals were removed from the process due to corruption.

Because of that fact, there cannot be any legitimate choice made by Blagojevich.
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:07 AM
Response to Reply #21
23. It's the crux of the matter, actually.
Any attempt to expand the matter to anything beyond Article 1, Section 5 and the 17th Amendment to the Constitution, plus Chapter 10, Act 5, Article 25, Section 8 of the Illinois Compiled Statutes is simply muddying the legal waters.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:14 AM
Response to Reply #23
24. Not at all
Edited on Mon Jan-05-09 11:18 AM by IWantAnyDem
There has never been a test of the Senate's ability to judge whether or not the process in choosing a Senator was corrupted.

For example, if there was an egregious process whereby a legitimate candidate for the senate was kept off the ballot in a state, yet a winner was declared and certified, the Senate should be able to judge that election invalid and refuse to seat the candidate so declared the winner.

The same holds true for Burris.

The fact of the matter is, There has never been any legal test of this authority and the language of Article 5, Section 1 does give the Congress sole power to judge elections and returns.

The only test ever made regarding Article 1, Section 5 merely tested the Senate's ability to judge qualifications. Qualifications are very well spelled out. Judging elections and returns is extremely fuzzy as evidenced throughout history.
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:23 AM
Response to Reply #24
25. The case will be decided upon the narrowest possible grounds.
Edited on Mon Jan-05-09 11:23 AM by ColesCountyDem
That's the way the process works. The Court will rule (should Burris even have to file suit, that is) on the grounds of a.) whether or not he meets the Constitutional requirements to be a US Senator (he does) and b.) whether Gov. Blagojevich complied with Chapter 10, Act 5, Article 25, Section 8 of the Illinois Compiled Statutes in appointing Mr. Burris (he did).

They're not going to raise or rule on any extraneous legal issue, and this whole 'tainted' business is just that, absent proof of the same as specifically regards Mr. Burris' appointment.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:27 AM
Response to Reply #25
26. The court has never ruled on such a case
Edited on Mon Jan-05-09 11:29 AM by IWantAnyDem
so you don't know how they will rule.

You can only surmise, which is all I can do as well.

Under the logic of your supposition, if an election were held and The Republican candidate cast 150,000 votes for himself, then won and was declared the winner by an all Republican elections board and state apparatus, the Senate would have no other choice but to seat that person.

I don't believe that would be upheld by the court.
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:29 AM
Response to Reply #26
27. I'll wager a cup of coffee and a donut that I'll be proved right.
Wanna bet?

:donut: :hi:
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:32 AM
Response to Reply #27
28. You got it!
:hi:
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ColesCountyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:32 AM
Response to Reply #28
29. Deal!
:D
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ensho Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-05-09 11:33 AM
Response to Reply #7
30. no to Burris for 2 things = saying the lord ordained his being Sen. &


he has already built a mausoleum to himself
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