A defiant Roland Burris took to the U.S. Capitol Tuesday seeking to claim the Senate seat to which he has been appointed by embattled Illinois Gov. Rod Blagojevich.
After his arrest on federal corruption charges, including that he sought to auction off the appointment to replace President-elect Barack Obama in the Senate, Blagojevich appointed Burris, a former Illinois Attorney General, to the post.
Senate Democrats said they would not accept Burris' appointment under the cloud of scandal, but Burris, claiming his appointment was made legally, sought to press the matter.
He met with the Secretary of the Senate Tuesday morning, seeking to present his credentials in a small office in the Capitol - the hallway outside packed with reporters.
After the meeting, Burris said he wouldn't continue to press the matter by attempting to enter the Senate chamber for the ceremony to swear in members of the chamber at noon.
"I am not seeking any type of confrontation," Burris said, speaking to reporters outside the Capitol. He added that he would meet with his lawyers to consider his next options.
Because Illinois Secretary of State Jesse White did not certify Burris' appointment, Senate officials have refused to seat him under Senate rules that require both the governor and secretary of state to certify an appointment.
Burris is reportedly considering suing to compel White to certify his appointment and has also raised the possibility of a legal challenge to the Senate's refusal.
Senate Democrats insist that their decision is not about Burris or his qualifications - Burris was the first black man in Illinois to win statewide office - insisting that any Blagojevich appointment would be unacceptable.
"This is not about Mr. Burris; it is about the integrity of a governor accused of attempting to sell this United States Senate seat," a statement from 50 Senate Democrats said. "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."
However, Blagojevich and Burris maintain they are simply following their constitutionally mandated jobs.
"As governor I am required to make this appointment," Blagojevich said at a press conference in Chicago last week. "If I don't the people of Illinois will be deprived" of leadership in the senate, he added.
Burris, who once opposed Blagojevich for the governorship, promised to "uphold the integrity of the office."
The seat became vacant in November, when Obama resigned in advance of his inauguration in January. In Illinois, the governor has the authority to appoint a replacement to fill the rest of a senator's term. Obama's term expires in 2010.
The refusal to seat Burris, combined with a threatened legal challenge in Minnesota, where Democrat Al Franken managed to unseat incumbent Republican Norm Coleman in a narrow and hotly contested recount, would leave the Senate at only 98 members as it begins work in advance of Obama's inauguration January 20.
In Minnesota, the state elections board has certified Franken the winner with a margin of less than 50 votes, but Coleman is expected to file a lawsuit, possibly as early as later today, to challenge that decision over a question of rejected ballots.
Senate Republican leaders, including Sen. John Cornyn of Texas, have threatened to filibuster any attempt to appoint Franken on a provisional basis before Coleman's legal challenges are exhausted.
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