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Then this is a Fox News alert senate majority leader Harry Reid speaking out this morning on Meet the Press about the senate nominee from Illinois.
Governor Rod Blagojevich named Roland Burris to take Obama's seat the president elect last week.
Because the feds have charged the Illinois governor with trying to sell that seat.
Senate leaders have said they would block anyone that was appointed by Blagojevich.
Here's -- moments ago.
We need to determine who sits in the senate and did the health determines who sits on the house so there's clearly.
Legal authority for us to do whatever we want -- this goes back for generations.
What ever they want to do.
Joining me now Roland Burris -- attorney general right ten rate in eight Fox News exclusive.
Tim thanks very much for making time for us today.
We after we -- so all along they're a bit there has been legal wrangling.
First step would be why.
So that Roland Burris can show up with his paperwork will he get that does he need it.
The number one yes he wanted to question is when does he need -- the answer that question is no.
The governor took every step that he hit the -- In order for Roland to be appointed and senator.
Ben junior senator senator from -- -- And this is held up by.
Law ball or not federal and the state level and particularly -- -- which is over 203.
Years -- Right that's one of the first ones we've learned in law school that's -- threatened she made reforms -- It's simple but senator Reid very interestingly as an attorney and I am sure you felt this as well saying we can do what ever we want and there's -- -- of precedent for it.
What's your response.
So I think that's.
I think that's an extraordinary statement come from senator -- I think that there are limitations.
There that are clearly employees I mean it if that were the case that mistakes -- -- no power whatsoever.
It would be a complete aggregation.
Of -- Fifth Amendment.
This senate would have taken all the -- power -- respect to electing the officials are based in Washington.
This -- this clearly limited by Powell vs McCormick and what it could look it at -- qualifications.
Of the member and that's important.
I mean I'm appalled that a statement it simply speaks to the security of the majority.
Who has the ultimate authority to decide whether or not Roland Burris can show up in Washington.
And have the ability to sit as a senator for the state of Illinois who'll ultimately answer that question.
Well hopefully that question will be -- -- Tuesday morning.
We're Roland Burris shows up in given the oath of office.
If that's not the case -- I believe that our records.
Will be with the federal courts.
And there is speculation.
That there could literally be a human chain.
Standing in front of the door not letting Roland Burris pass if that happens what's your next move besides waiting for a decision potentially from the courts.
Well I believe they -- what's -- -- occur.
At first in Illinois is dead Jesse White is going to certify.
And that's -- -- way at least one of the obstacles of -- Man the Democrats paid particularly.
Harry Reid and Dick Durbin are setting up.
To prevent the people go north from him in a proper constitutionally mandated representation.
That they deserve and we choir.
In the US senate what what I I think that that's not gonna happen if it does I think ultimately the arbiter of that.
Is going to be in Supreme Court where I think -- -- ultimately rests in the hands of the people.
And I think they did there's going to be so much reaction to that.
That there -- -- your plan would be to take this all the way to the Supreme Court.
Absolutely we think -- clear president there is no question -- respect to law.
Why Soviet Jewish -- the majority leader Reid I think there he is -- legal analysis is way off.
What I think is so interesting and I just want to get your thoughts before you go is.
Roland Burris needs this paperwork he needs to be sworn in but governor Blagojevich says sitting governor at least for now can walk onto the senate floor -- -- he wants.
-- I -- one of the attorneys that are present in this case they're quite a few.
I made if they'd fit people who make the laws of this -- Bill that they can stand above the law that they can use it it kind of obstacles imaginations.
Pollard from the people in the state of Illinois is just beyond my expectations and beliefs and ideas I sit -- -- -- Tim -- thank you very much for taking time for fox and fox exclusively this morning I do appreciate it.
Thank you mean anything -- me here my pleasure.
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