On Day That Bill Richardson Announces Withdrawal Harry Reid Softens Rhetoric on Burris

When Bill Richardson announced that he was withdrawing from consideration for a position as Secretary of Commerce, I predicted that this could actually help Blagojevich and Burris. Richardson was forced out because Obama would have had a difficult time defending him in confirmation hearings while a grand jury investigates whether he was involved in a "pay to play" scheme with a large donor. Democrats, including Obama, have taken a hard-line approach with Blagojevich, who also faces pay to play accusations, demanding that he resign and refusing to seat Burris, whom Blagojevich selected to fill a vacant Senate seat.

Now that Democrats see (or remember) the implications of rushing to condemn individuals before facts, they will probably retreat from such a strong line on these matters. Indeed, Reid had already softened his public stance on Burris during an interview on Meet the Press, and he now suggests that Burris might have a seat at the Senate table:

Senate Majority Leader Harry Reid opened the possibility Sunday that former Illinois Atty. Gen. Roland Burris might serve in the Senate despite the aggressive opposition of Democratic leaders to his appointment by a scandal-tarnished governor.

"I'm an old trial lawyer. There's always room to negotiate," said Reid, a Nevada Democrat, on NBC's "Meet the Press."

When pressed by host David Gregory on whether there was a possibility Burris might ultimately be seated, Reid responded, "That's right."

The fact that Reid's employed more flexible rhetoric on the same day that Richardson formally announced his withdrawal is probably not coincidental. Nonetheless, a Senate aide says that Reid's comments "were not meant as an overture but merely an attempt to leave open the possibility of a negotiated settlement, and said that leaders remained determined not to seat Burris."

Furthermore, Reid continues to claim the authority to exclude a lawfully appointed Senator:

Under the Constitution, Reid said, "we determine who sits in the Senate. And the House determines who sits in the House. "So there's clearly legal authority for us to do whatever we want to do. This goes back for generations."

Most constitutional law scholars who have addressed this issue, however, seem to disagree with Reid's approach. Despite his rhetoric to the contrary, the objections of constitutional law scholars possibly informs Reid's moderation as well.

Related Readings on Dissenting Justice:

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On Day That Bill Richardson Announces Withdrawal Harry Reid Softens Rhetoric on Burris

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