Comments on FiveThirtyEight: Politics Done Right: Blago Will Try To Seat Senator, But Reid Objects

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2009-10-02T04:51:28.586-04:00

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2009-04-16T01:46:00.000-04:00

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2009-01-16T04:59:00.000-05:00

Due Process Rights Of Everyone Behind Refusal To S...

2009-01-06T12:34:00.000-05:00

Due Process Rights Of Everyone Behind Refusal To Senate Seat Roland Burris

Re: Gov B Appointment In IL AND Senate Seating of Roland Burris

Dear Senator Harry Reid, (FYI Copy to Public Officials And Press):

Please take a course in government and constitutional law. Ignorance of the concept of DUE PROCESS seems to exist in your case. You show not even the most rudimentary understanding of the process of DUE PROCESS OF LAW and THE PRESUMPTION OF INNOCENSE with your constant pronouncements of TAINT OF GOV. B. The only taint is upon you for your ignorance concerning the confusion of charge/accusation with a finding of guilt.

How could you have gotten as far as you have in government with such profound ignorance? Explain this? Please, I wish to hear this?

This GOV B has been found gulty of NOTHING. Even you have the right of DUE PROCESS OF LAW, not just GOV. B.

Tell me, Senator, whether you have ever heard of the right to confront and cross -examine your accusers where rules of engagement exist either in court or even before legislative bodies?

Gov. B., this moment, stands before the public as innocent as you or I. He is only charged, not convicted or found guilty or adjudicated except for purposes of pretrial bail and release.

The size of a charging document does not determine the magnitude of taint or degree of guilt without a full adjudication on the merits. How could you not know this?

I am embarassed for you and the ignorance of DUE PROCESS you convey every time you open your mouth about Gov. B. Gov. B. stands innocent as you or I absent fair and proper adjudication on the merits.

If a lawfully placed, duly constitued Governor of a state makes a rational, legal and lawful appointment for replacement of a senatorial seat. it is LEGAL. Gov. B. did not appoint an elephant or giraffe to Replace Sen. Obama.

In your case, USE OF THE WORD, TAINT OF GOV B. = COMPLETE IGNORANCE OF THE RIGHTS OF ALL CITIZENS, EVEN GOVERNORS, OF DUE PROCESS OF LAW, BEFORE LEGISLATIVE HEARINGS AND, OR FORMAL, LEGAL CRIMINAL PROCEEDINGS. Please, learn something here. You owe an apology to the american public for your IGNORANCE, attitude and demeanor on the GOV. B AFFAIR.

Sincerely,

Dated: January 6th, 2009

Ronald B. Keys, JD, PhD,
Former Felony & Homocide Trial Prosecutor
Attorney, Michigan & New York
Plantation, Fl. USA
rkeysphd at gmail dot com

The (state) Secretary of State must certify public...

2009-01-01T18:56:00.000-05:00

The (state) Secretary of State must certify public election results, because his department manages those elections at the state level.

The Governor, on the other hand, has authority to make his appointments over his own signature; no Secretary can veto it by withholding a signature.

Otherwise the law would in effect say that "the Governor and Secretary of State, acting together in agreement, appoint a replacement Senator" -- which isn't the case.

Here, the SoS's certification can only be ministerial, like a Notary Public's: in effect saying "Yes, the Governor did sign this appointment."

I'm with ya Keith. The man is a turd sandwich, pla...

2008-12-31T01:10:00.000-05:00

I'm with ya Keith. The man is a turd sandwich, plain and simple.

i dunno, but what can be done to GET HARRY GONE???...

2008-12-31T00:16:00.000-05:00

i dunno, but what can be done to GET HARRY GONE??? Reid is so ineffective, so buffoonlike in playing out these scenarios, that he needs to get gone, fast. What will it take for the Democratic Senate Caucus to vote him out, and vote in Russ Feingold? Help me please

I may be in the minority on this__________________...

2008-12-30T20:38:00.000-05:00

I may be in the minority on this
_______________________

Well, you managed to convince me. Nice work!

I may be in the minority on this, but I think he h...

2008-12-30T20:19:00.000-05:00

I may be in the minority on this, but I think he has a good chance of being seated. I'd put the odds at about 50-50. Maybe check intrade tomorrow to see what the consensus odds are.

I don't think he had any chance of being appointed at a later date. From what I've read, he's a little past his prime and wasn't really on the short list before the scandal. I do not think he had any particular ties to Quinn, the Lt Gov who will become Gov if Blago is impeached and convicted.

Not sure he even wants to run in 2010. But, if he did and had served well for two years, then I'd think he'd have a decent chance to win both the primary and general. He'd likely have strong AA support, which would go a long way to winning the primary. And, if he won the primary, just being the Dem in Illinois would likely make him the favorite. It will be interesting to see how much, if any, political taint attaches to Burris for accepting a Blago appointment--I don't even have a WAG on this.

Seems like you're missing the obvious. Burris want...

2008-12-30T20:10:00.000-05:00

Seems like you're missing the obvious. Burris wants to be a Senator. This is the only chance he has to become one.
___________

Yeah, I guess that is the obvious answer, but what would you put the odds at of him actually getting the seat? He isn't going to make many friends in the party w/ this decision.
And if he were to pass over the seat at this point in time, don't you think he'd stand a good chance of getting the appointment at a later date (or winning in a special election) once this Blagojevich mess is sorted out?
Plus, if he ends up getting the seat, do you think he's going to be able to keep it come next election? To borrow the media's new favorite word, what kind of taint are we looking at here?

Anyone want to fill me in on why Burris would acce...

2008-12-30T19:42:00.000-05:00

Anyone want to fill me in on why Burris would accept?

Seems like you're missing the obvious. Burris wants to be a Senator. This is the only chance he has to become one.

What's more shocking? That a fairly credible candi...

2008-12-30T19:23:00.000-05:00

What's more shocking? That a fairly credible candidate actually decided to accept Rod Blagojevich's appointment? Or that Harry Reid is actually showing some spine?

Both are very surprising. I guess Harry Reid has a backbone when his own party is involved, but when the Republicans threaten to filibuster, the guy takes to the fetal position faster than an actual fetus. Maybe it's a side effect from having so many doors slammed in his face during those Mormon missionary years. "Sorry to bother you guys! Have a swell afternoon folks."

As for Burris accepting the post, I don't understand why he wouldn't turn it down. Imagine, "As honored as I am to have been offered this position and as thrilled as I would be to serve the great people of Illinois in such a capacity -- in light of current events and out of respect for the Congressional leadership, I cannot in good conscience accept the position at a time when the people of Illinois are understandably skeptical about whose interests their representatives are truly serving."

Worst case scenario, Blago turns to the next person in line (who would likely be rejected) and after Blago gets thrown out, Burris the Benevolent is suddenly the magical elixir who we can count on to work against corruption in Chicago politics.

This seems so clear to me I feel like I must be missing something blatantly obvious (I didn't get that much sleep last night, so that's very probable). Anyone want to fill me in on why Burris would accept?

First, I thought it was a really tricky move to ap...

2008-12-30T19:14:00.000-05:00

First, I thought it was a really tricky move to appoint an actually good candidate because that makes it very hard for the Senate to even try to reject Blagojevich's candidate. But now, especially after the press conference, I am just angry about the amount of race baiting. Something there isn't right. Rep. Rush knew very well what he implied by using the word "lynch". It was totally inappropriate.
And Burris shouldn't have accepted the offer. He is supporting Blagojevich by this action, he is giving him authority and turning this into a national problem that's going to involve the whole Senate.
And why... why did a black man accept the offer after the suspicious details that emerged from Blagojevich's dealings with Jesse Jackson Jr.?
It seems that Blagojevich is maintaining an alliance with the black democrats of Illinois - can't blame him, but I blame the people that should know better.

Well, although Another Mike may indeed be a consti...

2008-12-30T19:07:00.000-05:00

Well, although Another Mike may indeed be a constitutional law professor, or a member of the Supreme Court.. the facts would still be that his statement, and yours.. and mine.. are 'opinions'.

I am certain that the SoS can refuse to certify the election, as he has already done so, and the discussion here has involved using the court system to force him to certify. What has yet to be proven is whether a willing court exists that can be invoked by Blago in time to meet the Senate requirements before the governor is removed from office.

Ha, ha. Not a con law professor, although I did get an A in the subject many years ago. But, all opinions expressed by me on this blog are worth exactly the legal fees you paid for them.

As to whether a willing court would order the SoS to certify the election, we do have at least some clues. The Illinois AG tried to get Blago declared incompetent to serve as governor. In a novel argument, she asserted that the scandal prevented him from effectively carrying out the duties and responsibilities of the governor. The Illinois Supreme Court, correctly IMHO, shot down this argument as that was not the type of incompetency contemplated by the statute. IIRC, the lawsuit was over in a week or two from start to finish. Although most cases take lots of time, cases like this tend to move very quickly through the system. I do not think it would take long for Blago to get an order requiring the SoS to certify his appointment. The attempt to get him declared incompetent would tend to show any result will be extremely expidited and that the Illinois Supreme Court, while not sympathetic to Blago, is not willing to disregard the law to thwart him from appointing Obama's successor.

I hope Obama,a consummate politician (this is NOT ...

2008-12-30T19:02:00.000-05:00

I hope Obama,a consummate politician (this is NOT a knock),is just covering his ass.

I'd like to see Burris,certification in hand,show up on Jan.6 for the swearing in ceremony for new members.At the same time,White is announcing the certification in Springfield.

Stealthy,but at least it's legal and over with.

To say this guy is untouchable because he's black ...

2008-12-30T18:55:00.000-05:00

To say this guy is untouchable because he's black is insulting to the intelligence of that racial group. Women, after all, didn't buy Sarah Palin.

Additionally, Obama's first choice wasn't even black.

Indeed, even if Obama's seat is eventually filled with another white guy, I don't think trading one senate seat for the presidency is such a bad deal for blacks.

Expel this man on principle. I sure there are plenty of qualified people in Illinois, some of whom are probably black.

An opinion that they could get him out, but it wou...

2008-12-30T18:52:00.000-05:00

An opinion that they could get him out, but it would take a 2/3 vote:

http://blogs.wsj.com/law/2008/12/30/what-must-the-senate-do-to-keep-blagos-appointment-out/

Another opinion saying they must seat Burris:http:...

2008-12-30T18:50:00.000-05:00

Another opinion saying they must seat Burris:

http://www.concurringopinions.com/archives/2008/12/can_the_senate.html

Burris is on MSNBC and he gave a great interview.

2008-12-30T18:10:00.000-05:00

Burris is on MSNBC and he gave a great interview.

Another article quoting legal scholars saying he w...

2008-12-30T18:05:00.000-05:00

Another article quoting legal scholars saying he will be seated:

http://www.huffingtonpost.com/2008/12/30/roland-burris-has-lock-on_n_154322.html

It agrees with my posts above ;)

I am actually surprised Obama commented. That wil...

2008-12-30T18:01:00.000-05:00

I am actually surprised Obama commented. That will it make this much more interesting.

Bring on the lawyers!

Wayward son-I think you are wrong on almost all po...

2008-12-30T17:59:00.000-05:00

Wayward son-

I think you are wrong on almost all points (I will discuss but one...), but most may be answered soon, very soon, and we will see who is right.

As to Article I, you are grossly over-reading those words.

Qualifications was interpreted in Powell, and it is read narrowly.

Article I does not provide for the House or Senate to pick and choose which election it will accept or not. They can't simply decide to not accept the Senator from Alaska because they hate them, or the process that was used to choose them, if that process followed all their laws within their constitutional purview.

Sorry, you are grossly over-reading the constitution, in my opinion.

I f\referred to Another Mike's post because, in my opinion, he is right.

It is surprising, and welcome, that Obama would ag...

2008-12-30T17:55:00.000-05:00

It is surprising, and welcome, that Obama would agree to step in and make his stance known at this early stage. Is there any additional confirmation from another source?

Although many would be willing to cross Reid, not many are going to stand against Obama. He may have been prompted to announce because of the tone of the press conference.

Comments on FiveThirtyEight: Politics Done Right: Blago Will Try To Seat Senator, But Reid Objects

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Due Process Rights Of Everyone Behind Refusal To S...

The (state) Secretary of State must certify public...

I'm with ya Keith. The man is a turd sandwich, pla...

i dunno, but what can be done to GET HARRY GONE???...

I may be in the minority on this__________________...

I may be in the minority on this, but I think he h...

Seems like you're missing the obvious. Burris want...

Anyone want to fill me in on why Burris would acce...

What's more shocking? That a fairly credible candi...

First, I thought it was a really tricky move to ap...

Well, although Another Mike may indeed be a consti...

I hope Obama,a consummate politician (this is NOT ...

To say this guy is untouchable because he's black ...

An opinion that they could get him out, but it wou...

Another opinion saying they must seat Burris:http:...

Burris is on MSNBC and he gave a great interview.

Another article quoting legal scholars saying he w...

I am actually surprised Obama commented. That wil...

Wayward son-I think you are wrong on almost all po...

It is surprising, and welcome, that Obama would ag...

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