Governor Rod Blagojevich’s bucked the system and his democratic colleagues yesterday when he appointed former Attorney General of Illinois, Roland Burris to fill Senator Barack Obama’s senate seat.  Senate democrats have said that they will block the appointment based on the alleged nefarious actions of  Rod Blogejevich in connection with the aforementioned senate seat.  When the 30-day expiration of the complaint to move to indictment expires next week, Blagojevich becomes an indicted governor.  Then the story becomes Blagojevich the indicted governor has appointed Burris which may raise additional legal implications about the appointment. [Update] Fitzgerald has requested a 90-day extension to issue the indictment in order to review new evidence and question additional witnesses that have come forward since the complaint was filed in early December.  In addition, impeachment proceedings have begun and the Illinois Secretary of State has said ”I will not certify Blagojevich’s senate seat appointment.” Finally, Majority Leader Harry Reid has the ability to at least delay the seating of Burris and possibly wait out the Governor until the legal ramifications of his actions are resolved. 

The last time the House refused to seat an elected congressman, Rep. Adam Clayton Powell, Jr. of New York, the case took almost three years to be settled in court.  The last time the Senate refused to seat an elected senator was in 1947 when a Republican controlled Senate refused to seat Theodore Bilbo of Mississippi after Bilbo began openly inciting violence against blacks who wanted to vote.   The irony.  Bilbo died of cancer before the case could be resolved.  Many democrats are not necessarily in favor of the Burris appointment because they do not believe that the former Attorney General can win in 2010.  Burris has run for governor three times and lost three times therefore it is feared that the Illinois senate seat could be in jeopardy should Burris be seated. 

Senate Majority Leader Harry Reid and Dick Durbin released the following statement  regarding the appointment “[a]nyone appointed by Gov. Blagojevich cannot be an effective representative of the people of Illinois and, as we have said, will not be seated by the Democratic Caucus.” Reid appears to be relying on Article I, Section 5 of the U.S. Constitution to support his position.  The aforementioned section states that each house of Congress shall judge the qualifications of its members.

Roland Burris made political contributions totaling about $14,000 over several years to Governor Blagojevich.