CQ TODAY PRINT EDITION
– CONGRESSIONAL AFFAIRS
Jan. 8, 2009 – 7:51 p.m.
Senate Democrats May Seat Franken Before Coleman Lawsuit Is Resolved
By Kathleen Hunter, CQ Staff
Senate Democratic leaders won’t shut the door on the possibility of seating Democrat Al Franken before the state of Minnesota issues a certificate declaring a winner in the race.
Majority Leader Harry Reid on Thursday appeared to back away somewhat from his declaration earlier in the week that Franken’s term “must begin and will begin soon,” saying that Democrats would “be very patient” with the legal challenge that Republican Norm Coleman is mounting in the Minnesota courts.
But Reid would not commit to waiting until the state issues a certificate, which, under Minnesota law, can only happen once Coleman’s legal contest is resolved.
“We’re just going to do it when it’s necessary,” Reid said.
A Different Story in Illinois
Democrats are drawing a distinction between the situation in Minnesota — where the courts will ultimately resolve a close election between Coleman and Franken — and their position on another vacancy in Illinois, where embattled Gov. Rod R. Blagojevich has appointed former state attorney general Roland W. Burris to fill the former seat of President-elect Barack Obama .
Democrats have cited Burris’ incomplete state paperwork — Illinois Secretary of State Jesse White has refused to sign the certificate — as their primary justification for not seating Burris, citing Senate Rule 2, which requires the secretary of the Senate to have a state-issued certificate on file for all senators. Reid and Majority Whip Richard J. Durbin , D-Ill., said the Minnesota and Illinois cases should not be viewed as similar.
Democratic leaders had previously said Burris should not be seated because he was tainted by corruption charges against Blagojevich that include allegations that the governor tried to sell the Senate appointment. A special investigative committee of the Illinois legislature on Thursday unanimously approved a report recommending that the full state House impeach Blagojevich.
“The state of Illinois is an appointment,” Reid said. “The state of Minnesota is an election. They’re two different things.”
Republicans See Double Standard
But Republicans say the distinction that Democratic leaders are drawing is a faulty one.
“Up until now, there’s been a single standard, and that is if you have an election certificate duly signed by the appropriate authorities, then you would — in all likelihood — be seated,” said National Republican Senatorial Committee Chairman John Cornyn . The Texan added that he “absolutely” would attempt to block any attempt to seat Franken before a certificate is issued.
“It’s not the leader’s prerogative to ignore Minnesota law or the judgments of the courts of Minnesota when it comes to who actually got the most votes,” Cornyn added.
If there were an attempt to seat Franken — either before or after he is certified — the matter could be referred to the Rules and Administration Committee.
Robert F. Bennett of Utah, the ranking Republican on the Senate Rules and Administration Committee, which can review the seating of senators in closely contested elections, said he also would oppose any attempt to seat Franken prior to the resolution of Coleman’s legal challenge.
“Sen. Coleman has a variety of remedies available to him under that law, and the winner cannot be certified until those remedies have been exhausted,” Bennett said. “This is a problem for Minnesota to resolve, not the Senate.”
Incoming Rules Chairman Charles E. Schumer , D-N.Y., took a pass Thursday when asked whether he thought the panel eventually might weigh in.
“I’m not the chairman yet, so I’m not talking about it,” Schumer said.
Comments
Is Corynn retarded or something? Has he read the Constitution of the United States? It is the Senate's ABSOLUTE and FINAL prerogative to ignore the MN law and courts if they so choose. Not arguable. Just a fact.
It will be impossible to determine whether the original count or the "recount" was more accurate. It seems obvious that the original count had less problems, but it was still too close to call. The Governor should call for a special "run-off" election. In the meantime appoint Coleman to continue so they are represented fully in the Senate.
Shouldn't you be called Leonard the Republican?
Come on this is not Geo. Bush again - Coleman thinks he is superior and can pull what George Bush did---Franken is very well read on politics if you listen you can see that. I have always thought this for years..... Seat them Franken and Burris stop lettting Republicans dictate as they have been doing and Democrats STOP with the power thing (Mr. Reid) you showed no power before but, make a fool of your self doing it to your own party... Give it a rest we all (Americans) know what you have done the past 8 years-- From an Iowian - midwest people have more sense than this garbage.
Leonard the so-called Lawyer You may, indeed, be a lawyer based on your transparent attempt to muddy the water here, but tell me this. Why is a recount mandated by Minnesota law when the original count falls within a certain percentage? Think real hard about that one. Is the recount mandated in order to throw it into a controversy as normal human and machine errors are discovered - or to clarify and refine the original count? Think "instant replay" if you're a football fan.
Leonard the Lawyer Do you count your change after the original count by a cashier? Just wondering. If you find in your re-count that you've been shorted $5 and the cashier objects - just give the change back as is in your hand and re-order, since it's impossible to determine whether the first (cashier's) count or your recount is more accurate.
Time for the Republicans to learn the hard lesson that hey have been teaching for eight years, namely "Elections have consequences." Time for that wimpy Reid to stand up to someone other than a Democrat (Dean, Hillary, Burris, etc). and finally stand up to the Republicans. Time to be a LEADER, Leader Reid, and seat Franken, tie his seating to the Relief Bill and then dare the Republicans to vote against it!
Didn't the GOP and Hastert swear Bilbry in before the vote in California was certified...2004?
Coleman should do the honorable thing for the first time in over 7 years regarding this Senate Seat. He was hand-picked by Karl Rove to run against Paul Wellstone. Concede Norm, get the message we are finished with slime and sleaze. We voted you and your ilk out!
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