Burris Gains The Support Of Feinstein, Some Black Caucus Members

January 7, 2009 8:15 a.m. EST

Washington, D.C. (AHN) - A number of key Democrats are breaking with their party and calling for the Senate leadership to seat Roland Burris, who was turned away by the Senate on Tuesday from joining the swearing in ceremony of lawmakers for the new 111th Congress.

Sen. Dianne Feinstein (D-CA), the outgoing chair of the Senate Rules Committee and incoming chair of the powerful Senate Intelligence panel, is quoted by Fox as saying on Tuesday that disgraced Illinois Gov. Rod Blagojevich had the legal right to appoint Burris.

"If you don't seat Mr. Burris, it has ramifications for gubernatorial appointments all over America. ... Mr. Burris is a senior, experienced politician," Feinstein added.

Some members of the Congressional Black Caucus have also expressed support for Burris, who would be the only African-American senator in the 100-member chamber if he is seated.

Rep. Bobby L. Rush (D-IL) has told the Chicago Sun Times Burris' nomination is constitutional. "There have been three black senators in 150 or so years," he added.

Rep. Danny Davis (D-IL), who was first approached byBlagojevich with the appointment but who declined the offer, has also called for allowing Burris to be sworn in. Davis, 67, had refused the nomination despite his declaration in November when President-elect Barack Obama' seat became vacant, "This is a day for which I have been preparing all of my life."

The most powerful African-American in Congress, House Majority Whip James Clyburn (D-SC), also said on Tuesday the appointment of Burris is legal, according to the Washington Post.

Burris, 71, was appointed to Obama's seat by Blagojevich last week. Democrats have said his nomination is "tainted" by the charges that the governor, who is required under state law to choose a replacement for Obama, tried to sell the Senate seat.

But critics have suggested that race may be a reason for Democratic objections to his nomination. Burris, however, has distanced himself from the issue of race, saying he "cannot control" his supporters and that race had never been an issue for him in his years in elective office.

A former Illinois attorney general, Burris attempted to be seated on Tuesday, walking into the Capitol despite statements from Democrats that he would be rejected, and submitting a certification of his appointment even without the signature of Illinois Secretary of State Jesse White, who had refused to support Blagojevich's choice.

Burris filed a petition with the state Supreme Court last Wednesday asking it to force Illinois White to certify his appointment, but the court has yet to rule on the request.

The calls from Feinstein and some members of the Congressional Black Caucus come amid what seems to be a softening of opposition from Senate Majority Harry Reid (D-NV), who said in his Tuesday floor address, "A court case in Illinois is pending to determine whether the Secretary of State, Jesse White, is obligated to sign the certification. We are awaiting that court decision. If Mr. Burris takes possession of valid credentials, the United States Senate will proceed in a manner that is respectful to Mr. Burris while ensuring that there is no cloud of doubt over the appointment to fill this seat."

In contrast, Reid had said last week," Under these circumstances, anyone 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."

The Senate leader then admitted on Sunday in an NBC interview with that there was a possibility that Burris would be seated, saying, "I'm an old trial lawyer. There's always room to negotiate."

Reid and Burris are scheduled to hold a meeting along with Senate Majority Whip Dick Durbin (D-IL) on Wednesday.