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Burris Drama Plays out as Senate Set to Begin Work

Senate Democratic leaders defend right not to seat Burris to Obama's Illinois seat

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PHOTO former Illinois Attorney General Roland Burris
Embattled Illinois Gov. Rod Blagojevich, left, at edge of frame, introduces former Illinois Attorney... Expand
( Scott Olson/Getty Images)

The Senate's top two Democrats defended their right to deny a seat to Roland Burris, Barack Obama's successor-in-waiting, while refusing to rule out a deal as Congress and its new members begin work this week.

Democrats say Burris' appointment is tainted because it was made by Illinois Gov. Rod Blagojevich, who is accused by federal authorities of offering to sell the vacancy to the highest bidder. Burris, a former state attorney general, says the appointment is legal and the governor had the authority to do it. He has threatened to sue Senate Democrats if they refuse to swear him in as the chamber's only black member.

"Anything can happen," said Senate Majority Leader Harry Reid, D-Nev. But he described the chances of Burris joining the Senate as "very difficult."

The second-ranking Democrat, Illinois Sen. Dick Durbin, acknowledged that his governor has the state constitutional authority to fill the vacancy. "The Senate of the United States has the U.S. constitutional responsibility to decide if Mr. Burris was chosen in a proper manner and that is what we're going to do," Durbin said.

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To Reid, "there's clearly legal authority for us to do whatever we want to. This goes back for generations." He declared his concern about "a cloud over anyone that comes from the state of Illinois being appointed by Blagojevich."

Burris planned to speak Sunday evening to ministers and supporters at a prayer vigil on Chicago's South Side. He intended to depart for Washington on Monday.

Reid said he expected to meet with Senate Republican leader Mitch McConnell of Kentucky on Monday evening in hopes "we can solve this issue on a bipartisan basis." Reid added, "I'm on old trial lawyer. There's always room to negotiate."

Such dealmaking might also involve Minnesota's drawn-out Senate race, which has Democrat Al Franken ahead by 225 votes as a statewide recount drew to a close. The state Canvassing Board was to reconvene Monday to declare which candidate received the most overall votes in the election. Senate Republican leaders have said the chamber should not seat Franken until all legal matters are settled, even if that drags on for months.

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