The Politico is reporting that Sen. Dianne Feinstein (D-CA), last seen getting bristly over Leon Panetta’s appointment to run the CIA, says the Senate Democratic leadership was wrong not to seat Roland Burris.
Says Feinstein: “I can’t imagine the secretary of state countermanding a gubernatorial appointment,” Feinstein said. “The question, really, is one in my view of law. And that is, does the governor have the power to make the appointment? And the answer is yes. Is the governor discredited? And the answer is yes. Does that affect his appointment power? And the answer is no until certain things happen.”
Let me first recite the catechism: Blagojevich is a joke, an embarrassment. And I think accepting the appointment from Blagojevich reflects poorly on Burris’s judgment (though not in any fatal, ominous way, just a bad choice).
But Blagojevich is the governor of the Illinois. And the Governor appoints senators to vacant seats. He hasn’t been convicted of anything, which is no mere technicality. And I don’t think anyone has seriously claimed that this appointment is tainted by corruption.
If there was a real belief that Burris’s appointment had been bought, then I think more aggressive and expansive refusal would be justified. But as I said, I don’t think anyone is really suggesting that. So as awkward and untoward as the whole thing may be, I really question the wisdom and possibly also the legality of not swearing him in. Rules are rules.
I could be persuaded otherwise. And I’m not losing much sleep over Burris’s plight. But rules are rules. And I’m not sure what’s being accomplished with this spectacle.
Arlen Specter compares Eric Holder to Alberto Gonzales.
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Now that he’s finally made bail, Duke Cunningham uber-briber Brent Wilkes is about to be freed from federal prison pending the outcome of his appeal.
Here Fred Kaplan makes the case for the appointment in Slate.
Earlier today, Elana Schor got an impromptu interview with Sen. Feinstein who seemed to soften her initial coolness toward the appointment and suggested she might be more receptive if Obama kept on the CIA’s current #2 guy Stephen Kappes in his current role. And this late piece in the Times quotes unnamed transition officials saying that Pres-Elect Obama does intend to do that. So presumably everybody has enough wiggle room here to avoid any sort of big fight.
There are a lot of fairly intricate and byzantine arguments about whether or not this is a good choice. But the people who I’d want to see supporting the nomination do seem to support it. And as I said last night the nature of the opposition, even if it seems to be diminishing, makes me more inclined to support the choice.
The Obama-bashing former Aussie PM John Howard is the mystery guest preventing the Obamas from occupying the Blair House. That and the day’s other political news in the TPM Election Central Morning Roundup.
Classic: “This is Hardball! This is where we overreact!”
(Thanks to TPM Reader FZ for the catch.)
Via Spack, CQ’s Jeff Stein finds a cool reception to the Panetta nomination among CIA operations types.