Burris, Rejected by Senate, 'Weighs Options'

Burris Determined to Join Senate

Still, Burris Monday remained adamant that the seat is his -- despite the Senate parliamentarian's formal rejection of his claim to the Senate seat.

Illinois U.S. Senate appointee Roland Burris, right, escorted by Senate Sergeant of Arms Terrance Gainer, left, arrives on Capitol Hill in Washington, Tuesday, Jan. 6, 2009.

(Susan Walsh/AP Photo)

"I'm not bothered by that because the appointment is legal," he said. "Why don't you all understand that what has been done here is legal? That's legal. I am the junior senator from Illinois, and I wish my colleagues in the press would recognize that."

Burris also said the law is on his side, despite the parliamentarian's move.

"I don't have to separate myself from Rod Blagojevich," he said. "He carried out his duties, and he filled a vacancy as according to law. Isn't that correct? Isn't that what the statute says? That this governor shall appoint a person to fill the vacancy. It didn't say anything about being tainted. ... This is all politics and theater. But I am the junior senator according to every law book in the nation."

Related

Burris Appointment Faces Uphill Battle

Durbin: Burris Rejection 'Not About Race'

What Was That? Gov. Blago's Choice Words

Some legal scholars question whether senators have the authority to reject Burris because Blagojevich, who appointed him, is accused by federal prosecutors of trying to sell the appointment to the highest bidder.

The Constitution gives senators the right to be the "judge of the elections, returns and qualifications of its own members."

The Senate parliamentarian, a nonpartisan employee of the Senate who advises on issues concerning rules of order, ruled the credential was not valid after it was presented to the secretary of the Senate on the third floor of the Capitol Building by Clayton Harris, Blagojevich's acting chief of staff.

Harris said he brought it to the Senate staff in person, even though it was expected that it would be rejected.

"My role here is to do everything I can to make sure the state of Illinois continues to function," Harris said. "The first priority is getting the great state of Illinois all of its representation in Congress."

According to the Secretary of the Senate's Office, the credential presented by Harris was not valid because it did not have the signatures of both the appointing governor and the secretary of state.