BREAKING: Burris Fesses Up

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rolandburris-1thumbnail.thumbnail.jpgChicago tenor Roland Burris is singing a new tune:

U.S. Sen. Roland Burris has acknowledged he sought to raise campaign funds for then-Gov. Rod Blagojevich at the request of the governor’s brother at the same time he was making a pitch to be appointed to the Senate seat previously held by President Barack Obama.

Burris’ latest comments in Peoria Monday night were the first time he has publicly said he was actively trying to raise money for Blagojevich. Previously Burris has left the impression that he always balked at the issue of raising money for the governor because of his interest in the Senate appointment.

In comments to reporters after appearing at a Democratic dinner, the senator several times contradicted his latest under-oath affidavit that he quietly filed with the Illinois House impeachment panel earlier this month. That affidavit was itself an attempt to clean up his live, sworn testimony to the panel Jan. 8, when he omitted his contacts with several Blagojevich insiders.

Now this is something that Marcy (see: here and here) predicted, as did many of you. So, it is not exactly a shocking Captain Renault moment. That said, it is still extremely damning and is going to lead to a justified uproar. Already Illinois Attorney General Lisa Madigan is calling for a deeper investigation, although she has held short of claiming perjury by Burris.

It is just the bundling efforts that Marcy predicted may be in play that appear to be in issue:

Burris said Robert Blagojevich told him, “‘We need to raise some funds. We hope that you could probably get some of your friends together.’ I said, ‘What type of money we looking for?’ He says, ‘Can you raise us 10-or-15 thousand dollars?’

Here are the new details Burris has copped to as of last night:

“So some time shortly after Obama was elected, the brother called,” Burris said last night of Robert Blagojevich. “And now in the meantime, I’d talked to some people about trying to see if we could put a fund-raiser on. Nobody was—they said we aren’t giving money to the governor. And I said, ‘OK, you know, I can’t tell them what to do with their money.’”

“So when the (governor’s) brother called me back, I said, ‘Well, look Rob…I can’t raise any money from my friends. I said, maybe my partner and I, you can talk this over and see, could we go to some Read more →

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Are Your Members of Congress Supporting an Investigation into Bush Crimes?

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As many of you have noted, at least 62% of Americans support some investigation into Bush Administration crimes (whether a criminal investigation or a truth commission). Do your members of Congress agree with the majority of Americans who refuse to ignore the past?

Here’s a list of those members of Congress who have voiced some support for an investigation. If your members of Congress aren’t on here, call them (1-877-851-6437, 1-800-828-0498, or 1-800-614-2803). Ask if they support one of the efforts to investigate the Bush Administration. If they’re not sure, urge them to do so. Please leave a comment so we can track what they say.

Senators

Barbara Boxer
Russ Feingold
Pat Leahy
Carl Levin
Jack Reed
Harry Reid (?)
Sheldon Whitehouse

Congressmen

(Unless otherwise noted, these are co-sponsors of John Conyers’ bill, HR.104, calling for an independent commission.)

Tammy Baldwin
Rick Boucher
Steve Cohen
John Conyers
Elijah Cummings
Peter DeFazio
William Delahunt
Keith Ellison
Bob Filner
Barney Frank
Raul Gijalva
Luis Gutierrez
Maruice Hinchey
Sheila Jackson-Lee
Hank Johnson
Walter Jones
Barbara Lee
Carolyn Maloney
Jerrold Nadler
Ed Pastor
Nancy Pelosi
Linda Sanchez
Jan Schakowsky
Bobby Scott
Debbie Wasserman Schultz
David Wu

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Thank You Howard Dean, for Showing Us the Way!

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ewpic2.JPGWhen I went to Cedar Rapids to work for Howard Dean in 2004 (when he was still leading in the polls), we moshed him outside of the Jeff-Jack Dinner. But I didn’t ask for a photo.

When I went to an ACLU fund-raiser with Dean later that year, I didn’t ask for a photo.

When I went to a another fund-raiser with him in MI, I didn’t ask for a photo.

When I saw him speak at YearlyKos, I didn’t ask for a photo.

Last night, I got my first photo with Dean (It’s a pity I look so crappy). 

It was at the Netroots Nation ball. I was coming out of the ladies room and someone ran up and said: Howard Dean is at the top of the steps!  Like he was a rock star … which, in this crowd, he is.

For some reason, I wanted a picture this time, with the man who got us to where we are today. I ran up the stairs (and promptly found my friend from MI, whom I met on the Dean campaign). We moved close to get a picture. But one after another person pulled him away to get a picture. A staffer of his started moving him towards the stage. Someone, I’m not sure who, was standing nearby with that staffer’s coat. "Give it to me," I said.

I went up, leaned over to the staffer, said, "I’ve got your coat. But I want to get a picture with Dean so I can put it on the front page of FDL." Dean started to turn around at that point–I don’t think Dean even heard the last bit … "so we can bitch about Rahm." 

In response to the first bit: "I want to get a picture so I can put it on the front page of FDL," Howard Dean said, "Oh, I’ve got time for that."

So, for FDL, this is my picture with the man who did so much to get us where we are today.

Thank you Howard Dean, for showing us the way forward!

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The Reid/Durbin Fabrication On Burris

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burris1thumbnail.thumbnail.jpgBy now you know how poorly Harry Reid and Dick Durbin have played their aces and eights hand on the Roland Burris appointment to Barack Obama’s former Senate seat. Reid and Durbin went all in with their chips on the Illinois Secretary of State and, predictably, lost their pleated dandy shirts.

Illinois law and the Constitution have always been contra to Reid and Durbin’s intransigence on Burris, but the disingenuous duo have always fallen back on their precious ancient Senate Rule II. They have steadfastly portrayed themselves as honorable protectors of the high ground of ethics, and citizens and the rubes in the media have bought off on it. To wit, Durbin grandly proclaimed late Friday:

…the Senate seat could remain vacant until Blagojevich is removed from office and the lieutenant governor takes over, making a fresh appointment.

He said the Senate cannot waive a 125-year-old rule requiring the signatures of both the governor and the secretary of state on any election or appointment.

Now, it is hard to tell whether these lustrous paragons of virtue are being intentionally dishonest, or are simply tragically ignorant of the questionable foundation of the argument they rely on. But it is one or the other. First off, as Jane pointed out Friday,

the 1884 Senate rule Durbin and Reid rely on was promulgated before the passage of the 17th Amendment as well as before the Supreme Court decision in Powell v McCormack. Reid and Durbin are duplicitous in thinking their antiquated Senate rule trumps the official selection pursuant to the 17th Amendment and Illinois statutory law.

So, there is that. But, guess what? After all this, it turns out the vaunted Senate Rule II isn’t even the bright line mandate they have been stating. In fact, Senate Rule II is simply an antiquated suggestion for a document template. While subparagraph 2 of Rule II mandates that the Secretary of the Senate keep a journal of all certificates signed by the governor and secretary of state of the appointing electing and/or appointing state for each Senator, the operative language on the form of the certificate is, contrary to what Reid and Durbin have been stating, not mandatory in the least. From the official Senate Rules:

3. The Secretary of the Senate shall send copies of the following recommended forms to the governor and secretary of state of each State wherein an election is about to take place or Read more →

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Eric Holder's New Pardon Controversy: Oops He Did It Again

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graphic by twolf

graphic by twolf

Hot off the presses, Tom Hamburger and Josh Meyer at the LA Times have an exclusive on new information detailing Obama Attorney General nominee Eric Holder’s involvement in the ugly and controversial clemency grants given to members of the violent Puerto Rican terrorist groups FALN and Los Macheteros.

"I remember this well, because it was such a big deal to consider clemency for a group of people convicted of such heinous crimes," said Adams, the agency’s top pardon lawyer from 1997 until 2008. He said he told Holder of his "strong opposition to any clemency in several internal memos and a draft report recommending denial" and in at least one face-to-face meeting. But each time Holder wasn’t satisfied, Adams said.

The 16 members of the FALN (the Spanish acronym for Armed Forces of National Liberation) and Los Macheteros had been convicted in Chicago and Hartford variously of bank robbery, possession of explosives and participating in a seditious conspiracy. Overall, the two groups had been linked by the FBI to more than 130 bombings, several armed robberies, six slayings and hundreds of injuries.

The entire Justice Department was vehemently against Holder’s inexplicable determination to force the clemencies against all reason and factual considerations. One has to wonder exactly what was motivating Holder’s shameful refusal to back up his prosecutors and case agents (probably one of the reasons Holder has never been a favorite of line level DOJ personnel).

Holder stiffed prosecutors, FBI case agents and victims:

* He reminded Holder that Holder had in previous cases given "considerable weight" to the recommendations of federal prosecutors, and that any clemencies would "contravene the strong negative recommendation of two United States attorneys."

* Adams also warned that the convicts’ release would undermine at least four pending Read more →

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The Constitution and Roland Burris

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Breaking News – OUR LONG NATIONAL NIGHTMARE IS OVER:
USA Today relates that Harry Reid and the Senate Democrats have, predictably, caved:

Senate Democrats will allow Roland Burris to take the seat vacated by President-elect Barack Obama, the Associated Press reports.

this has been an Emptywheel Breaking News Update. Now back to your previously scheduled programming, er post, which describes exactly why Reid, Obama and the Senate Dems have engaged in one of the worst opening acts for an incoming US Congress ever. Fools on the Hill they are.
____________________________________________________________________________________

Roland Burris went to the hill in Washington DC Tuesday to claim the Senate seat he has been appointed to; but, as Jane Hamsher reports:

The Secretary of the Senate turned Burris away.

Chris Cilizza is on my teevee saying "everything in the Senate is like high school."

No kidding. The optics of this are just awful.

Harry Reid and Senate Democrats, not to mention Barack Obama, have indeed ginned up an extremely ugly mess with their anti-Burris, at all cost, stance; but, as I have been pointing out from the start (see here and here), their little passion play is also unconstitutional. Preeminent Constitutional scholars Bruce Fein and Erwin Chemerinsky agree.

Many people have argued that the Constitution, specifically Article I Section 5, gives Reid, Obama and the Senate Dems the leeway they need to exclude Burris. Not so fast says Fein:

In Powell v. McCormack (1969), the United States Supreme Court held that under Article 1, section 5, "in judging the qualifications of its members, Congress is limited to the standing qualifications [age, citizenship and residency] prescribed in the Constitution." The court made no distinction between representatives and senators, or between elected or appointed members of Congress. Speaking for the court, Chief Justice Earl Warren (whom President-elect Barack Obama admires) amplified that James Madison, father of the Constitution, and Alexander Hamilton in the Federalist Papers, were emphatic that Congress could not erect qualifications beyond the constitutional floor. Madison argued at the Constitutional Convention that it would be "an improper and dangerous power in the Legislature. The qualifications of electors and elected were fundamental articles in a Republican Gov’t and ought to be fixed by the Constitution. If the Legislature could regulate those of either, it can by degrees subvert the Constitution." Hamilton echoed: "The qualifications of the persons who may choose or be chosen … are defined and fixed in the Constitution, and are unalterable by the legislature."

I know nothing of Roland Burris, in fact had never heard of him prior to this affair. I wish the vacancy of Illinois’ junior Senate seat could have been resolved much more cleanly, but Fein, and the authorities he cites, are dead on correct.

Oh, and Bruce has a bit to say about Harry Reid’s charade Tuesday morning wherein he had the Secretary of the Senate deny Burris’ credentials:

Democrats plan to exclude Mr. Burris by enforcing a rule requiring that credentials presented by Read more →

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Reid On Tape Manipulating Illinois Senate Seat Before Blago's Arrest

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h/t MCCS1977

h/t MCCS1977

Thursday I described The Ugly Legal Optics Of Harry Reid’s Burris Battle. There is a new cloud dimming the already ugly optics. An article that just hit the website of the Chicago Sun Times reports Harry Reid already had his heavy ham fisted hand deep in Illinois state politics well before Blagojevich was arrested:

Days before Gov. Blagojevich was charged with trying to sell President-elect Barack Obama’s U.S. Senate seat to the highest bidder, top Senate Democrat Harry Reid made it clear who he didn’t want in the post: Jesse Jackson, Jr., Danny Davis or Emil Jones.

Rather, Reid called Blagojevich to argue he appoint either state Veterans Affairs chief Tammy Duckworth or Illinois Attorney General Lisa Madigan, sources told the Chicago Sun-Times.

Sources say the Senate majority leader pushed against Jackson and Davis — both democratic congressmen from Illinois — and against Jones — the Illinois Senate president who is the political godfather of President-elect Barack Obama — because he did not believe the three men were electable. He feared losing the seat to a Republican in a future election.

This is certainly a stunningly rich development from about every perspective imaginable. Harry Reid has threatened to use the Capitol Police to forcefully haul Roland Burris off the Senate floor should he try to enter because he feels Burris is tainted by Blagojevich’s shady machinations of the open Senate seat. Only it turns out that Reid is the one smack in the middle of Blago’s machinations, not Burris. And it would appear he is on Pat Fitzgerald’s wiretaps doing so.

Blagojevich spokesman Lucio Guerrero confirmed that Reid (D-Nev.) and U.S. Sen. Robert Menendez (D-N.J.) — the new chief of the Senate Democratic political operation — each called Blagojevich’s campaign office separately Dec. 3. Sources believe that at least portions of the phone conversations are on tape.

Before their contacts, Obama’s chief of staff Rahm Emanuel called Blagojevich to tell him to expect to hear from Senate leadership because they were pushing against Jackson and others, according to statements the governor made to others.

The Reid-Menendez calls came a day before a Dec. 4 conversation overheard on government wiretaps where Blagojevich says he “was getting ‘a lot of pressure’ not to appoint Candidate 5.” Candidate 5 is Jackson.

Did I mention that this is a nightmare from every available tangent? Not only is Harry Reid on tape with his finger stuck in the Illinois state pie, we now have Rahm Emanuel, the President-Elect’s Chief of Staff, running flak for Reid’s heavy handed interposition. Now it is certainly understandable that Emanuel and his boss, Obama, would have interest in Obama’s former Senate seat; but, again, the appearance here is unseemly at best.

That said, the main story for the moment is Harry Reid and the Senate leadership. There is no basis for believing Harry Reid is a racist, or that his actions here are particularly racially motivated, but it is no longer possible to dismiss the overtones that the picture must be starting to paint for some African American citizens in Illinois. Reid has been steadfastly determined to block the appointment of three black elected politicians – Emil Jones, Danny Davis and Jesse Jackson, Jr. because they are supposedly "not electable"; in favor of a white woman, Tammy Duckworth who has, you know, been previously found unelectable by the voters of Illinois. Or another white woman, Lisa Madigan, who managed to get elected mostly on the coattails of her powerful Chicago machine daddy. Lovely; what a picture that paints.

Oh, and now that nice gentlemanly 71 year old Roland Burris, another black man, who has previously been elected to statewide office in Illinois, can’t be permitted in the hallowed Senate doors either. George Wallace must be laughing his butt off at Reid’s bad optics and unseemly folly. And this is all occurring over the seat of the only black man in the lilly white United States Senate that was just vacated by the groundbreaking President-Elect Barack Obama. Malignant idiocy abounds.

Harry Reid will be the featured guest on Meet the Press Sunday morning. Jane Hamsher has already raised the curious difference between how Reid Read more →

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Fitzgerald Makes His Move for More Time; Blago Agrees!

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images5.thumbnail.jpegJust a few hours ago Marcy hypothesized on Illinois Governor Rod Blagojevich’s next move. Well, he has made the move. In a pleading just filed and encaptioned: GOVERNMENT’S UNOPPOSED FIRST MOTION FOR AN EXTENSION OF TIME TO RETURN INDICTMENT PURSUANT TO 18 U.S.C. § 3161(h), Fitgerald relates:

The UNITED STATES OF AMERICA, by its attorney, PATRICK J. FITZGERALD, United States Attorney for the Northern District of Illinois, respectfully moves this Court, pursuant to 18 U.S.C. § 3161(h)(8), for a 90-day extension of time, to and including April 7, 2009, in which to seek the return of an indictment against the defendant…

As Marcy thought, the real meat of the motion is sealed, but the operative language that is public is as follows:

A number of factors have led to the government’s request for an extension and the length of the extension being sought. One factor that affects the length of the requested extension is that federal holidays have limited the dates and times that the government will be able to present evidence to the Grand Jury. The federal grand juries are not sitting during the week of December 22nd (Christmas week) or the week of December 29th (New Years Day week). The remaining factors that have led to the government’s request for an extension are stated in the Attachment hereto, which the government respectfully requests be placed under seal. The government is requesting that this Attachment be sealed so as not to compromise its ongoing investigation and so as not to reveal matters occurring before the Grand Jury.

But the Key language that I think any lawyer would find fascinating here is at the very end of the document:

Following telephone calls and/or meetings over the past week, counsel for both Blagojevich and Harris have represented that they do not object to this motion. (emphasis added)

As Marcy noted, this is in the face of the Senate Democrats trying to make the legally touchy case that they can avoid seating Burris and adds to the pressure on the legislative impeachment committee.

So why did Fitzgerald do it? Easy, he needs more time to get all the evidence, especially the most recently acquired material (which is still coming in on the Senate seat portion of the case) organized to his meticulous satisfaction.

The much better question is why the defendants both agreed to the delay with no opposition Read more →

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Fold The Holder Nomination

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graphic by twolf

Clearly it is Eric Holder day here at FDL and I didn’t want to be left out of the party. Especially since I was one of the ones starting it. Now Looseheadprop has covered a lot of the ground, here, here and here and Dr. Kirk Murphy here and here, but I would like to elaborate and knock back a meme that has been floated by Glenn Greenwald, namely that Holder’s involvement in the Chiquita matter is just principled, zealous representation of his client akin to the heroic souls that have taken the mantle of defending Gitmo detainees.

I’ve seen some attempts to criticize Holder based upon clients he has represented while in private practice, most notably his defense of Chiquita Brands in a criminal case brought by the DOJ arising out of Chiquita’s payments and other support to Colombian death squads. Attempts to criticize a lawyer for representing unsavory or even evil clients are inherently illegitimate and wrong — period. Anybody who believes in core liberties should want even the most culpable parties to have zealous representation before the Government can impose punishments or other sanctions. Lawyers who defend even the worst parties are performing a vital service for our justice system. Holder is no more tainted by his defense of Chiquita than lawyers who defend accused terrorists at Guantanamo are tainted by that.

I admire Glenn Greenwald’s writing and respect his work immensely, but I take pretty big issue with this position. The key that Greenwald is putting in the wrong lock is that those ethical standards of guaranteed zealous representation, like the detainees at Gitmo and other defendants are entitled to, apply to formally charged actual criminal defendants.

Chiquita, their executives, offices and board, et al. were not. Instead, what you had here was a dirty as mud corporation that had been illegally and immorally playing both sides a third world country’s violent terrorist/factional problem, sometimes clandestinely with the CIA, including drug running and attendant money laundering, but always for the benefit and profit of Chiquita. You then have this complicit company, whose powerful Board member Rod Hills (and his wife, Carla Hills, a powerful former DOJ official and significant voice with the Bush Administration) is a major friend, supporter and donor to the Bushies, conspiring with the Bush DOJ to whitewash and cover up all this muck. And that is what Holder and the DOJ, together, did. Read more →

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Napolitano To DHS; Skeletor To Be Buried

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images.thumbnail.jpegAs most of you know, I firmly supported Janet Napolitano for Attorney General in the new Obama administration. It looks as if Eric Holder will be the Attorney General instead, but CNN has just announced that Napolitano will be the choice for Department of Homeland Security. Here is the Reuters headline:

U.S. President-elect Barack Obama’s top choice to lead the U.S. Department of Homeland Security is Arizona Gov. Janet Napolitano, CNN reported on Wednesday, citing multiple sources.

The Democratic governor, a supporter and campaigner for Obama’s presidential campaign, had been reported to be on a short list of people to fill cabinet posts in the new administration.

Assuming she makes vetting and is confirmed, Janet will make a fantastic Secretary of DHS. Some of the skills and abilities I pointed out as qualifications for AG will serve her very well as Homeland Security.

Napolitano is well versed and experienced with constitutional law and civil rights, having been mentored as the hand picked protege of one of the country’s great Constitutional scholars and authorities, John P. Frank, one of the two legal fathers of the Miranda decision. She has sizable long term experience not only as the Arizona Attorney General (a huge office), but also as chief executive of an entire state government as Arizona Governor. Of critical significance, she was the US Attorney for the District of Arizona for six years under President Clinton, prior to her terms in state office as Arizona’s AG and Governor.

The job ahead is going to, in addition to the legal skills, require someone with Federal experience and the established ability to manage a giant bureaucracy. Janet Napolitano has a very rare combination of background and experience to fit that bill. The attention to bureaucratic detail, not just in Washington DC, but in all of the 93 US Attorney district offices is going to have to be immense. Wholesale institutional change needs to be implemented, and malefactors rooted out.

Janet Napolitano has this ability in droves over any other candidate discussed for AG. She is spectacularly good at bureaucratic detail and getting big entities working as an efficient team. Janet has an incredibly feel good aura around her, and it is contagious to those working with and for her. She is a master team builder, both in terms of efficiency and competence as well as morale and attitude. Janet has already exhibited her turnaround skills in her Read more →

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