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  • Might that Sec/State signature matter?

    From NBC's Mike Viqueira
    One wouldn't pretend to know how this Burris/Blago Senate affair is going to get sorted out, but one factor may be the signature -- or lack thereof -- of the Illinois secretary of state certifying the appointment.

    While reports maintain that the signature may not be required under the rules and regulations of Illinois, the U.S. Senate rules do appear to require such a mark. So if the secretary of state follows through on his threat and refuses to sign and certify the appointment, this rule may come into play.

    See section No. 2 below, from the Rules of the Senate, available at Senate.gov:

    1. The presentation of the credentials of Senators elect or of Senators designate and other questions of privilege shall always be in order, except during the reading and correction of the Journal, while a question of order or a motion to adjourn is pending, or while the Senate is voting or ascertaining the presence of a quorum; and all questions and motions arising or made upon the presentation of such credentials shall be proceeded with until disposed of.

    2. The Secretary shall keep a record of the certificates of election and certificates of appointment of Senators by entering in a wellbound book kept for that purpose the date of the election or appointment, the name of the person elected or appointed, the date of the certificate, the name of the governor and the secretary of state signing and countersigning the same, and the State from which such Senator is elected or appointed.

    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 an appointment is to be made so that they may use such forms if they see fit.
    THE RECOMMENDED FORMS FOR CERTIFICATE OF ELECTION AND CERTIFICATE OF APPOINTMENT ARE AS FOLLOWS:

    CERTIFICATE OF ELECTION FOR SIXYEAR TERM
    To the President of the Senate of the United States:

    This is to certify that on the _— day of __, 19_, A_— B_— was duly chosen by the qualified electors of the State of _— a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3d day of January, 19__.
    Witness: His excellency our governor __, and our seal hereto affixed at __— this _— day of __, in the year of our Lord 19__.
    By the governor:
    C_— D__,
    Governor.

    E_— F__,
    Secretary of State.
    CERTIFICATE OF ELECTION FOR UNEXPIRED TERM

  • UN presses for fuel supplies to Gaza

    From NBC's Libby Leist
    Top U.N. aid officials briefed reporters at United Nations headquarters in New York this afternoon about the humanitarian crisis in Gaza.

    John Holmes, U.N. Humanitarian Affairs and Emergency Relief Coordinator, said that no fuel supplies have entered Gaza in the past few days and that the main Gaza power plant was shut down yesterday.

    Holmes said the United Nations has been asking Israelis to allow fuel supplies to resume. Israelis argue that there are security threats around the pipeline crossing that prevent them from allowing supplies into Gaza.

    Pressing for the Israelis to allow fuel in tomorrow, Holmes noted that a power plant on the Egyptian side will not provide sufficient power for the population of Gaza.

    Officials said the UN is sending through truckloads of candles because there is so little power in Gaza. The last delivery of fuel through the Nahal Oz terminal into Gaza was December 26th. It has been cut off since then. The fuel shortage affects 650,000 people in Central and Northern Gaza. This has resulted in 16 hours or more of powercuts every day.

  • Fitzgerald asks for extension to indict

    From NBC's Domenico Montanaro
    U.S. Attorney Patrick Fitzgerald has asked for an extension to indict Illinois Gov. Rod Blagojevich, AP reports.

    The extension would give Fitzgerald another 90 days, and would take this into April.

    That can't be helpful for Senate leadership looking to block Blagojevich's appointment of Roland Burris to fill the vacant Illinois Senate seat. It would have been a lot easier to say this was the appointment made by a governor under "indictment" rather than a "cloud of suspicion."

  • Obamas to stay at Hay-Adams

    From Chuck Todd and Savannah Guthrie
    NBC News has learned the Obamas will be staying at the Hay-Adams in Washington, D.C., until they can move into the Blair House on Jan. 15th.

    The New York Times reported this morning "...Obama and his family will move to Washington this weekend in time for his daughters to start school... ."

  • Franken's lead now 49 votes

    From NBC's Carrie Dann
    A quick update from the Minnesota Senate recount: AP reports that Democrat Al Franken is starting  the last day of 2008 with a 49-vote lead over Norm Coleman. That's revised from a 50-vote lead yesterday, after the Secretary of State's office updated its numbers last night.

    But the tussle between Coleman and Franken attorneys over rejected absentee ballots is set to continue into the New Year.  The two camps are locking horns over the size of the pile of improperly cast-aside ballots to be counted, with the Coleman team hoping to add over 600 more to about 1,350 currently designated by county officials. 

    ** UPDATE ** As we wrote Monday, the Coleman campaign has given the green light to about 750 of the 1,350 rejected absentee ballots designated by county officials as improperly discarded.  The remainder of those 1350, they say, should be up for additional review before being counted.  The Coleman team also argues that the additional 650 that they hope to add to the consideration pile would ensure county by county "uniformity" among all ballots formerly rejected. 

    Skeptics of the tactic point out that the additional 650 ballots that Coleman would like to add come from counties that heavily supported the Republican in the November election.

  • HHS, Labor, Educ. hearings scheduled

    From NBC's Ken Strickland and Domenico Montanaro
    The confirmation hearings for President-elect Obama's picks for Health and Human Services, Labor and Education have been scheduled and will take place over the next two weeks.

    The Senate Health, Education, Labor, and Pension Committee (HELP Committee), chaired by Ted Kennedy, has slated the following:

    -- Thursday, Jan. 8, 10 a.m. ET: Health and Human Services-designate Tom Daschle
    -- Friday, Jan. 9, 2009, 9:30 a.m. ET: Secretary of Labor-designate Rep. Hilda L. Solis
    -- Tuesday, Jan. 13, 2009, 10 a.m. ET: Secretary of Education-Designate Arne Duncan

    Eric Holder's hearing for attorney general is scheduled for Jan. 15th.

  • Delay, delay, delay

    From NBC's Chuck Todd and Domenico Montanaro
    One thing to keep in mind about the Senate Democrats' decision to fight the seating of Roland Burris, it's about buying time.

    Should Burris decide to fight the U.S. Senate's decision not to seat him, it will go through the court system, just like what happened in the 1960s to Adam Clayton Powell. It took more than two years from when Powell was excluded from the House to when the Supreme Court eventually decided on his case.

    Well, even if the Burris court case takes, say, three months to make its way to the Supreme Court, the landscape in Illinois will have changed dramatically. Blagojevich could be an officially indicted governor; he could also be impeached and then tossed out of office. The pressure on Burris to at least let the new governor make the appointment could become great.
     
    Now, as for folks wondering why the Senate Democrats would feel so comfortable tossing away a Senate seat temporarily, remember that the Senate Dems now have numbers on their side.

    With Al Franken looking more and more like a winner in the Minnesota recount, the Senate Democrats have seats to give for a while. And the Democratic leadership apparently has the long view on this seat; this isn't about getting a Democrat in place now to cast votes in 2009 and 2010 -- this is about making sure a Democrat can win in Nov. 2010.

    This is why the Senate Democrats seem to be against a special election (could help a Republican get a leg up for Nov. '10) and this is why they don't want a Blagojevich-tainted Democrat appointed to the seat making that person vulnerable in the 2010 general.
     
    "Delay, delay, delay" -- may be the best way to describe the Senate Dem strategy at this point regarding this Senate seat.

  • Defiant Blagojevich makes pick anyway

    From NBC's Cherelle Kantey, Ashley Codianni and Domenico Montanaro
    During a chaotic news conference in Chicago that injected race into the selection of a successor to Barack Obama's former U.S. Senate seat, embroiled Gov. Rod Blagojevich announced his pick for the vacant Illinois U.S. Senate seat.

    "The people of Illinois are entitled to have
    two United States senators represent them in Washington, D.C,"
    Blagojevich said, Unfettered by the cloud of controversy surrounding
    his ongoing investigation. "As governor, I am required to make this
    appointment. If I don't make appointment, then people of Illinois will
    be deprived of their appropriate voice and vote in the U.S. Senate."

    Confident in his selection, he appointed the relatively obscure former Illinois attorney general and comptroller Roland Burris to
    the seat. Burris, who ran against Blagojevich in 2002 for governor,
    dismissed any inquiry about current allegations against his appointee.

    "This is an appointment done by the governor of
    the state. And based on that, I have no relationship with that
    situation," said Burris, who also lost runs for governor in 1994 and
    1998 as well as losing a mayoral bid in 1995. All were primary losses.
    "I'm accepting an appointment by the governor to go to the United
    States Senate. That's it."

    When specifically asked by a reporter if Blagojevich should resign, Burris avoided the question.

    "I have no comment on what the governor's circumstance is. And as a former attorney general of this state, I know and I think most of you all know, that in this legal process, you're innocent until you're proven guilty."

    But Burris had much stronger words for Blagojevich just two weeks ago after Blagojevich was arrested.

    "The evidence that's been presented is purely appalling," he said at a Dec. 13th news conference. "Should that come out to be the case of what our governor was attempting to do, I find it just reprehensible."

    Following Burris' formal acceptance, the media zeroed in on Blagojevich. Blagojevich dodged questions regarding the investigation and the validity of the Senate appointment.

    "I've enjoyed the limelight I've had over the last couple of weeks," Blagojevich said, laughing. "I think it's been-- I don't want to hog the limelight. This is Roland Burris' day.  So I don't think it's appropriate for me to really get involved in answering any questions."

    Blagojevich went on to answer two questions anyway.

    Then, seemingly out of nowhere, Burris spotted Congressman Bobby Rush, said hello, asked the press to make room, and Rush then walked on stage and, impromptu, spoke on behalf of Burris.

    "My prayers have been answered because I prayed fervently that the governor would continue the legacy established by President-elect Obama and that the governor would appoint an African-American to complete the term of President Obama," said Rush, a former Black Panther and ordained minister, in what was reminiscent of a sermon.

    Rush continued, "I applaud the governor for his decision and I would ask you to not hang or lynch the appointee, as you tried to castigate the appointer -- separate, if you will, the appointee from the appointer."

    Unable to resist his flare for the rhetorical, even Blagojevich picked up on it.

    "Feel free to castigate the appointer," Blagojevich said before walking out, "but don't lynch the appointer. I am not guilty of any criminal wrongdoing."

  • IL Sec State acknowledges power limited

    From NBC's Domenico Montanaro
    The Illinois Secretary of State's office acknowledged that Secretary Jesse White's refusal to sign off on embattled Gov. Rod Blagojevich's pick to fill President-elect Obama's Senate seat holds little more than "moral" weight.

    "We've been doing a little research on this, and its a little nebulus," White's Press Secretary David Druker told First Read. "We do think the governor can still bring it to the U.S. Senate" without White's signature.

    He added, "I guess you could say it was a moral stand."

    Druker said White is friendly with Roland Burris and likes him personally, but he disagreed with Burris' assertion on MSNBC's 1600 that White would change his mind.

    "I don't think that's a good bet," Druker said, adding that the Secretary of State's office "felt particularly supported" when Obama put out a statement in which he largely backed Senate Democrats' stance against seating Burris.

  • Obama praises Burris, backs Sen. Dems

    From NBC's Domenico Montanaro
    President-elect Obama praised Blagojevich-appointee Roland Burris, but backed Senate Democrats' statements "that they cannot accept an appointment made by a governor who is accused of selling this very Senate seat."

    "Roland Burris is a good man and a fine public servant, but the Senate Democrats made it clear weeks ago that they cannot accept an appointment made by a governor who is accused of selling this very Senate seat," Obama said in a statement. "I agree with their decision, and it is extremely disappointing that Governor Blagojevich has chosen to ignore it. I believe the best resolution would be for the Governor to resign his office and allow a lawful and appropriate process of succession to take place. While Governor Blagojevich is entitled to his day in court, the people of Illinois are entitled to a functioning government and major decisions free of taint and controversy."

  • Moseley Braun on former seat

    From NBC's Domenico Montanaro
    Former Amb. Carol Moseley Braun demurred when asked by First Read for her take on the situation surrounding her former Senate seat, including today's press conference.

    "I haven't done politics since I came back from New Zealand," said Braun, adding that she isn't even following what's happening with the seat. "I don't even go there. I call myself a recovering politician. And political questions mess with my recovery."

  • IL Sec/State refuses to sign off

    From NBC's Domenico Montanaro
    Illinois Secretary of State Jesse White put out a statement saying that although he has "respect for former Attorney General Roland Burris" he "cannot co-sign a document that certifies any appointment by Rod Blagojevich for the vacant" U.S. Senate seat previously held by President-elect Obama.

    "As I have previously stated publicly, I cannot co-sign a document that certifies any appointment by Rod Blagojevich for the vacant United States Senate seat from Illinois," the statement reads. "Although I have respect for former Attorney General Roland Burris, because of the current cloud of controversy surrounding the Governor, I cannot accept the document."

    Lt. Gov. Pat Quinn mentioned that White had pledged not to sign off, but it is unclear, what actual power that holds, as state law is clear:

    10 ILCS 5/25-8) (from Ch. 46, par. 25-8)
        Sec. 25-8. When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.
    (Source: Laws 1943, vol. 2, p. 1.)

  • Cuba looks to Obama for change

    From NBC's Andrea Mitchell
    As Cuba marks the 50th anniversary of its Communist revolution this week, it is looking to Washington and wondering how Barack Obama, the 11th U.S. president to face the Castro regime, will change the stormy relationship with Havana.

    On Jan. 1, 1959, revolutionaries led by Fidel Castro overthrew the U.S.-backed government of President Fulgencio Batista.

    Within years, President John F. Kennedy imposed the economic embargo that has been the framework for the U.S. relationship with Cuba ever since.

    Continue reading for more.

  • Dems: We won't seat Blago pick

    From NBC's Carrie Dann
    Senate Democratic Leadership just issued this statement saying that Blagojevich's appointment of Roland Burris "will ultimately not stand."  In the sternly-worded response to the governor's surprise move today, Majority Leader Harry Reid et al. write that Burris -- regardless of his own record -- would be "plagued by questions of impropriety." 

    "Under these circumstances," the statement continues, "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."

    Here's the full statement:
    "It is truly regrettable that despite requests from all 50 Democratic Senators and public officials throughout Illinois, Gov. Blagojevich would take the imprudent step of appointing someone to the United States Senate who would serve under a shadow and be plagued by questions of impropriety. We say this without prejudice toward Roland Burris's ability, and we respect his years of public service. But this is not about Mr. Burris; it is about the integrity of a governor accused of attempting to sell this United States Senate seat. 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.

    "Next week we will start one of the most important debates of the year - outlining an economic recovery plan to create jobs and invest in America. And in the coming weeks, we will be working to protect homeowners and consumers, make America more energy independent, strengthen our national security, and improve health care and educational opportunities. There is much work to do and a lot at stake. It is thus critical that Illinois and every other state have two seated Senators without delay.

    "We again urge Gov. Blagojevich to not make this appointment. It is unfair to Mr. Burris, it is unfair to the people of Illinois and it will ultimately not stand. The governor must put the interests of the people of Illinois and all Americans first by stepping aside now and letting his successor appoint someone who we will seat."

  • Obama supported Burris over Blago

    From NBC's Savannah Guthrie, Marcie Rickun and Carrie Dann
    When Roland Burris ran against Rod Blagojevich for governor in 2002, the former state attorney general had the support of none other than current President-elect Barack Obama.

    The Washington Post, Dec. 12, 2008: "Obama and Blagojevich rarely interacted until Blagojevich ran for governor. Obama told his friends in Springfield that he was unimpressed by Blagojevich's resume, and he tried to lobby his friend Durbin to enter the race before deciding to support Roland Burris in the Democratic primary.

    " 'When Blagojevich beat me, I told Barack to get on board with him,' Burris said. 'It was kind of like swallowing his pride a little bit, because he didn't really see that they had anything in common.'"

    Obama also attended when Burris announced his candidacy for governor in 2001.

    The Chicago Tribune, Sept. 24, 2001: "Burris finished a strong second in the four-way gubernatorial primary in 1998, and his base of support among African-Americans may be even more significant in a race likely to feature half-dozen candidates. Later in the day, Burris announced his candidacy on the porch of his South Side Chicago home, where about 250 supporters crowded underneath tents in his yard under a gray sky and steady rain.

    "His campaign co-chairmen, U.S. Rep. Danny Davis (D-Ill.) and U.S. Rep. Bobby Rush (D-Ill.) cheered Burris. State Sens. Barak Obama, Donne Trotter and Ricky Hendon, and state Rep. Calvin Giles--all Democrats from Chicago--also attended."

    At the time, Burris saw potential in his ally Obama, but didn't quite predict his metoric rise. After his defeat in 2002, he told the historically black newspaper the Chicago Defender that he aspired to "be out there to find someone to put in the pipeline like Barack Obama who might be able to 20 years from now get into a position to become governor."

    In the same interview, Burris defended his repeated defeats in his runs for statewide office, partially pointing blame at racism for his defeat in the primary election for governor.

    "It's how the party apparatus operates when they get their voters out," Burris said. "If I ever get to a general election, it wouldn't be that way. Some of it could be race in the primary, but it's not race in the general election. If I ever get out of the primary, I could really have a shot at it in the general election. I see that as a control vote situation where Blagojevich had the troops and the dollars and was able to get enough people to the polls."

  • Can the Senate not seat Burris?

    From NBC's Pete Williams
    Earlier this month, Democratic leaders in the U.S. Senate strongly suggested that they might refuse to seat anyone appointed by Gov. Rod Blagojevich to fill the Obama vacancy. 

    But can the Senate do that? There's reason to think not, and here's why.

    In January 1967, Adam Clayton Powell of New York was re-elected by the Harlem district he represented since 1942, despite allegations that he had misused official travel funds and made improper payments to his wife. The House, invoking a provision of the Constitution that says, "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members," decided that Powell was unqualified and refused to seat him, declaring the seat vacant.

    So, he sued. 

    The Supreme Court ruled -- by a vote of 8 to 1 -- that the House was wrong and that Powell must be seated. The court said in deciding whether to exclude, Congress is limited to considering only whether a member meets the very minimal requirements for office set out in the Constitution.

    There have been other cases in which Congress refused to seat incoming members based on allegations of irregularities in elections, and many legal experts believe Congress has the Constitutional authority to examine potential election violations. 

    But given that Blagojevich is still legally the governor of Illinois and has the sole power to fill vacancies in the U.S. Senate, the Senate's power to refuse to seat his appointee may be far more limited than the leadership was implying.

  • Blago to appoint former IL AG

    From NBC's Domenico Montanaro and Chuck Todd
    In a surprise move, embattled Illinois Gov. Rod Blagojevich is expected to name former state Attorney General Roland Burris to replace President-elect Obama in the U.S. Senate, the Chicago Tribune and others have reported.

    The announcement is expected to come at a 3 p.m. ET Blagojevich news conference.

    A Democratic Senate source tells NBC News that Burris will not be acceptable and to expect a joint leadership statement shortly.

    Though Democrats have warned that a Blagojevich appointment would be tainted, Sen. Dick Durbin's press secretary Joe Shoemaker made it clear that the letter signed by the senators about potentially not seating a Blagojevich appointment, would look into options about not seating a Blagojevich appointment -- not that they would definitely not seat that person. That person would be under a cloud -- even if Mother Teresa were appointed, he said, but doesn't mean they won't seat someone.

    *** UPDATE *** The Illinois Republican Party in a statement blamed Democrats for creating a Constitutional crisis for not demanding a special election. Here's the statement:

    "Illinois Republicans were the first to demand Rod Blagojevich have nothing to do with appointing our next United States Senator. Because they went back on their word and refused to strip Blagojevich of his appointment power and pass a special election, Illinois Democrats have created yet another constitutional crisis for Illinois. 

    "Blagojevich Democrat Roland Burris is emblematic of the old-school, pay-to-play culture that has plagued Illinois for generations and this appointment is another embarrassment for the people of Illinois. Once again, Blagojevich Democrats have failed the people of Illinois by refusing to strip Rod Blagojevich of his senate appointment power and blocking a vote of the people."

  • Franken lead to 50

    From NBC's Domenico Montanaro, Abby Livingston and Carrie Dann
    In the Minnesota Senate recount, which has now gone on 17 days longer than the 2000 recount, Democrat Al Franken's unofficial lead has expanded over Republican incumbent Norm Coleman from 46 to 50 votes today "when the state Canvassing Board finished allocating thousands of ballots that had been held up due to candidate challenges," AP writes.
     
    In a statement, Franken all but claimed victory: "Today, the state canvassing board completed an important step in this process. I'm glad to be ahead, and as it appears that we're on track to win, I want Minnesotans to know that I'm ready to get to work for them in Washington on Day One. We still need to ensure that Minnesotans whose absentee ballots were improperly rejected aren't disenfranchised, but we are close to the finish line. And we should all be proud of our state's electoral process, and grateful for the dedication of our public servants, from the state canvassing board down to elections officials at the local level."
     
    Every ballot that was cast on Election Day has now been counted , but the number of "improperly" rejected absentee ballots remains under dispute. The state Supreme Court ruled that both campaigns and local official must agree on the number and must be in the Secretary of State's office by Friday, Jan. 2nd. They would then have to be counted by Sunday, Jan. 4th. The state canvassing board is reportedly holding out hope it can certify a winner by Tuesday, Jan. 6th.
     
    The state Supreme Court ruled that both campaigns and local official must agree on the number and must be in the Secretary of State's office by Friday, Jan. 2nd. They would then have to be counted by Sunday, Jan. 4th. The state canvassing board is reportedly holding out hope it can certify a winner by Tuesday, Jan. 6th.
     
    Both sides have been meeting to try and agree on how many rejected ballots to count, but the camps have been bickering so fiercely that they had to be urged to remain "civil" by Minnesota's deputy secretary of state, who "said a late proposal from Coleman -- to review 654 more votes atop the 1,346 absentee ballots that local officials had already agreed were mistakenly rejected -- threatened to derail the process," the Minneapolis Star Tribune wrote.
     
    The Coleman campaign wants about half of those 1,346 ballots counted, in addition to wanting to re-examine the 654 others, which the AP reported "skew heavily toward suburban and rural counties where [Coleman] did best in the election."
     
    When First Read asked the Coleman campaign yesterday -- prior to the AP report -- if there was a common thread for the 650 additional ballots, like selecting absentee ballots from areas leaning toward Coleman, campaign spokesman Mark Drake said, "I would characterize them as ballots that may have been regarded as wrongly rejected in some counties but remain rejected in others. We are looking for uniformity across in the 87 counties."
     
    The Coleman campaign released a memo today, accusing the Franken campaign of not being willing to work with them; accused the deputy secretary of state of inserting himself "in this process" and blocking their "campaign from sending our list to local election officials;" and defended its asking for more ballots to be included for review, in part, because of a lack of a "uniform standard in how they rejected absentee ballots."
     
    Here's the full memo:
    "Over the weekend Franken campaign 'let go of the rope' in working with us to reach an agreement on wrongly rejected absentee ballots. The Franken campaign's 'take it or leave it' approach left no room for negotiation. Their actions, which resulted in no credible proposal from their campaign, or even a list that could be sent to local election officials, has ensured that there is no agreement that governs which rejected absentee ballots should be reviewed for counting by the Canvassing Board.
     
    "Meanwhile, the Deputy Secretary of State inserted himself in this process and blocked our campaign from sending our list to local election officials yesterday. He then claimed that the reason that counties had no list was because neither campaign had complied with a deadline for getting lists to those counties.
     
    "Our campaign proposed a good faith agreement that would ensure that more than 1,400 rejected absentee ballots would be reviewed for counting by the Canvassing Board, but, as a result of the Franken campaign's refusal to put forward a specific proposal and a list -- and the Deputy Secretary of State's intervention in this process -- there is no agreement and until there is an agreement no sorting of rejected absentee ballots can take place.
     
    "It's important to understand that the reason we wanted more ballots included, on average less than ten per county, is that some counties were not consistent in the application of rejected absentee ballots. Some counties continue to not operate on a uniform standard in how they rejected absentee ballots. This lack of uniformity compelled us to ensure that additional rejected wrongly rejected absentee ballots be included in review for possible counting by the canvassing board." 

    *** UPDATE *** Franken's attorney, Marc Elias, said that the campaign is "obviously thrilled" with today's gain of four votes.  "We have taken this process one step at a time, and at each step we have gained votes," he reminded reporters on an afternoon conference call. 
     
    But, asked if the apparent lead indicates that the U.S. Senate will or should seat Franken even as expected litigation over the recount continues into the New Year, Elias demurred. "We're not going to speculate down the road as to what the Senate may do or what the Senate won't do," he said.

  • Coleman wants more ballots reviewed

    From NBC's Abby Livingston
    The Coleman camp is now asking for a review of an additional 654 absentee ballots they think have been wrongfully rejected. This number is separate from the 1,346 ballots local officials previously determined as wrongfully rejected. 

    Of those 1,346, the Coleman camp believes that just 750 were wrongfully rejected, including some Franken ballots.

    The Coleman campaign is also holding out hope for their duplicate ballot-counting complaint. Tony Trimble, a Coleman attorney, predicted that if such an examination were to take place Coleman would lose only 10 to 12 votes, while Franken would lose 110 to 120 votes, and in effect, the unofficial lead, which the Franken camp claims is 46 votes.

    After the Minneapolis Star Tribune reported that the Coleman campaign held a contentious meeting with the Franken campaign this morning, the Coleman camp put reporters on notice on an afternoon conference call.

    They accused the Franken campaign of "hypocrisy," of being "difficult" and "not credible," of "kicking and screaming," of lacking "good faith," and warned reporters to "be wary" of their recount rival campaign, which "no longer cares about accuracy." 

    Yet, they said they looked forward to future "amiable" meetings with the Franken camp. 

    NBC's Carrie Dann adds the four reasons that absentee ballots could be properly rejected:  
    1) Voter name and address on the envelope don't match the voter's absentee ballot application.
    2) Voter's signature on the return envelope doesn't match the signature on the absentee ballot appliaction
    3) Voter is not properly registered to vote in the designated precinct.
    4) Voter had already voted in person or by absentee vote.

  • For inaugural, get up early

    From NBC's Pete Williams
    Be in line by 9 a.m., but don't bring your umbrella, even if it's raining.

    That's the advice from the congressional committee responsible for the formal portion of the Jan. 20th inauguration. 

    The swearing-in program will begin at 11:30 a.m., so that the oath of office can be administered to Barack Obama at noon, as the Constitution requires. 

    Security checkpoints for ticketed guests open at 8 a.m., and the committee recommends that ticket holders arrive no later than 9 a.m. to get through screening.

    The committee, calmly understating the problem, says, "Getting to the swearing-in ceremonies that morning will be very difficult because of the large crowds. In addition to the 240,000 ticketed guests, a million or more people are expected to view the inauguration from the National Mall, along with hundreds of thousands of others who plan on watching the Inaugural parade down Pennsylvania Avenue."

    A security perimeter will be set up around the Capitol and the parade route, with subway stations, bus stops and city streets closed inside that ring. Most bridges from Virginia across the Potomac River into Washington will be closed to all but bus traffic.

    For those within two miles of the Capitol, the Congressional committee recommends walking.

    "For some people bicycling may be an option to get close to the U.S. Capitol," it suggests, noting that the city is working on setting up "bike valet" stations. 

    "The weather in Washington in January is usually quite cold and often rainy or snowy," the committee continues. "Please think carefully about whether you can stand outside in cold weather in a large crowd for up to six hours, and whether you are ready for long delays getting home afterwards. …
     
    "Regardless of the weather conditions, umbrellas will not be permitted in the ticketed areas."

  • State panel may get Blago tapes

    From NBC's Pete Williams
    The Justice Department is asking for permission to give the Illinois Legislature some edited versions of conversations recorded by the FBI between Gov. Rod Blagojevich and a lobbyist.

    U.S. Attorney Patrick Fitzgerald, responding to a request from the Illinois legislative committee considering impeachment, wants a judge to rule on whether handing over redacted tapes would be proper. 

    Fitzgerald says the Justice Department takes no position on whether Blagojevich should be impeached. But, he says, the request from the legislature requires a court to rule on whether the committee is qualified under federal court rules to receive redacted versions of the tapes.

    Fitzgerald says he proposes to release four recordings that involve what the government claims are attempts by the governor to get money for his re-election in return for signing a gambling proceeds bill and approving state spending on a highway project. The tapes do not involve any discussions of President-elect Obama's Senate seat.

    Fitzgerald proposes that before the tapes are turned over to the legislature, they first be given to the people who were recorded on the wiretaps, to give them a chance to object.

    Fitzgerald seeks a hearing before the judge on the wiretaps for next Monday, Jan. 5th.

  • Emanuel to resign seat Friday

    From NBC's Domenico Montanaro and Carrie Dann
    President-elect Obama's incoming chief of staff, Rahm Emanuel, will officially resign his congressional seat on Friday.

    He alerted constituents in Illinois' fifth congressional district in Chicago by automated message and wrote a letter to embattled Illinois Gov. Rod Blagojevich. (The full text of both after the jump.)

    For a resigned Senate seat, like Obama's, in Illinois, the governor would appoint a successor. That is not the case for a congressional seat. For a U.S. House seat, there would be a special election. The governor would, however, be responsible for setting a date for that special election within five days of when the representative steps down.

    It certainly complicates matters with Blagojevich the subject of state legislative and federal investigations over the governor allegedly trying to sell Obama's Senate seat.

    ##

    FOR IMMEDIATE RELEASE
    Monday, December 29, 2008

    Emanuel Reaches Out to 5th Congressional District
    CHICAGO, IL -Today U.S. Representative Rahm Emanuel (D-IL) released the following text of an automated call to the constituents of the 5th Congressional District.  Emanuel will officially resign his Congressional seat on Friday January 2, 2009.  The text of his resignation letter is attached.

    "This is Congressman Rahm Emanuel. As you may have heard, President-elect Obama has asked me to be his new Chief of Staff and I have accepted this offer. Therefore, in the near future, I will be resigning from Congress. I wanted to let you to know that, in the interim, both the Washington, DC and Chicago offices will be open and staff will be available to assist you with any casework issues. If you have any questions or concerns about pending legislation or need help in dealing with Federal government agencies, please do not hesitate to call the office at 773-267-5926. I also want you to know, it has been a privilege and an honor to serve as your Representative for the last six years. Thank you for the opportunity and thank you for your confidence. This is Rahm Emanuel."

    ###
    Letter to Blagojevich:

    January 2, 2009
    The Honorable Rod Blagojevich
    Governor, State of Illinois
    207 Statehouse
    Springfield, IL 62706

    Dear Governor Blagojevich:
    I am writing to resign my position as United States Representative from the Fifth Congressional District of Illinois, effective January 2, 2009.

    It has been a tremendous privilege to serve the people of the Fifth District over the past six years. I am grateful for the opportunity to represent the hopes and dreams of a quintessentially American district, from hardworking families to new immigrants to the senior citizens who built this great country. It has been my particular privilege to represent the district's many military troops and veterans, who put their lives on the line to protect the values we cherish. Their sense of duty and sacrifice has been an inspiration, which I will carry with me to my new duties as chief of staff to President-elect Barack Obama.

    As sons of immigrants to this country, you and I have a deep appreciation for the opportunities America provides to those who are willing to work hard and sacrifice for their children. As a member of the next Administration in Washington, I will strive to maintain and expand that opportunity for all families, because the chance to work hard and build a better life is the principle that unites all Americans. Over the past few years, our government in Washington has lost sight of that principle by catering to the wealthiest Americans and powerful special interests - leaving middle-class Americans to struggle with rising health care costs, reduced pensions and a collapsing economy. The recent election was a clarion call for a change in direction, so we can recapture the values that have made our nation a beacon of hope and opportunity.

    As I go to work everyday in the incoming Obama Administration, I will keep in mind the stories of the working families and senior citizens who I met during the past six years in grocery stores, schools and churches across the Fifth District. I will strive to make our government work for them and their children, because that is the true measure of our success as a nation.

    With gratitude and best wishes.

    Sincerely,
    Rahm Emanuel
    Member of Congress

  • Minn. fight over rejected absentees

    From NBC's Domenico Montanaro and Carrie Dann
    The next step in the Minnesota Senate race recount is to count the rejected absentee ballots -- estimated to number between 1,000 and 1,600.

    Democratic challenger Al Franken's campaign wants to count 1,346 rejected ballots, but incumbent Republican Norm Coleman's campaign wants to count just 136 of them. 

    Counties and the campaigns must and agree on the number of what they believe are the mistakenly rejected absentee ballots, the Minnesota Supreme Court ruled last week. The Coleman campaign had tried to prevent the ballots from being counted at all.

    The agreed upon number of ballot have to be sent to the secretary of state's office by Jan. 2nd, according to the Minneapolis Star Tribune, and the secretary of state's office then has until Jan. 4th to count them and send them to the state Canvassing Board to be included in the vote total.

    "If there is disagreement on the number of improperly rejected ballots, the counties and campaigns will try to resolve their differences at meetings next week," the Star Tribune wrote. "Twelve regional meetings are scheduled throughout the state and will be open to the public."

    But this latest objection by the Coleman campaign throws a wrench in that process.

    Coleman had led by about 200 votes after voting on Nov. 4th, but Franken made up the ground to take a lead -- albeit extremely narrow -- after the initial recount by the Canvassing Board wrapped up last week. The Franken camp now claims a 46-vote lead. 

    Klobuchar wants a senator
    Citing an "uptick" in constituent services requests, the current only Minnesota senator, Democrat Amy Klobuchar, called for a senator to be seated as soon as the Canvassing Board declares a winner.

    "If the Canvassing Board declares a winner, that should be our senator," she said, even if a court challenge were to follow. "[The Senate] could seat a senator pending the litigation."

    Klobuchar wanting someone seated right away may seem convenient to Republicans, since Franken appears to be currently ahead. Democrats, though, believe she will have an influential voice on the ultimate outcome.

    'Rejected' voters' personal appeals
    Also, there could have some fun stories ahead as this recount veers further and further into potential delays. The Star Tribune notes: "Voters whose ballots are not accepted by one or both candidates will be notified that a candidate blocked them and that they can appeal in court."

    In theory, then a  "Lizard People" or "Ballot with Wings" voter could go to court to make a political statement, saying that their intent was misinterpreted. Yet another reason this thing could drag on into February.

    By the way, our 2000 Recount End Date Watch has climbed to: 16 days. (The 2000 recount ended on Dec. 13th.)

  • NY press not so sweet on Caroline

    From NBC's Domenico Montanaro
    Caroline Kennedy did interviews with the Big Three New York newspapers over the weekend as well as a cable news interview Friday. But the stories and reaction to them didn't exactly paint her in the best light.

    The New York Daily News describes her as "defiant;" The New York Post writes that Obama's encouraging her, includes that she "all but acknowledged that she used drugs decades ago" and lays out a Q&A before writing a story on her Martha's Vineyard estate and estimates that her fortune could be as much as $400 million; the New York Times in its headline described her as "forceful but elusive."

    Kennedy did an interview with local cable news channel NY1 and said her Kennedy name may have actually kept her from running in the past. "If my last name was not Kennedy, maybe I would have run for office a long time ago," Kennedy said. On having a sense of entitlement: "It's not a way I've ever lived my life. … I can tell you in our family, in particular, there is a sense we have to work twice as hard," she said. And on her voting record: "I was dismayed by my voting record," she said. She also said that if she's not appointed, she won't run against Paterson's appointee in 2010.

    In reaction to Kennedy's media rollout, the New York Daily News' Goodwin takes out the sledgehammer. Under a headline that reads: "Say goodnight, Caroline: How JFK's daughter flubbed the audition to become the next Senator Kennedy," the woefully unimpressed Goodwin writes, "That truth is that Kennedy is not ready for the job and doesn't deserve it. Somebody who loves her should tell her."

    He goes so far as to call her "quest" a "cringe-inducing experience" and that "her mini-campaign has proved she has little to offer New Yorkers except her name."

    Welcome to New York -- politics.

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