It's fun to read law professors discuss constitutional issues. It is a different world than litigators like myself get to see. Here is a discussion by Professor Brian Kalt of the Akhil Amar and Josh Chafetz article positing that the Senate can stop the Blago appointment of Burris. Discussion on the flip.

Around 7pm last night, four and a half hours after leaving suspicious packages at Aspen banks, these letters from now deceased Aspen bombing suspect James Chester Blanning, Jr., were delivered to the Aspen Times. (background here):

More...

Via DHinMi, former Rhode Island Senator Claiborne Pell has passed away:

Claiborne deBorda Pell, the quirky Newport blueblood who held the affections of blue-collar Rhode Island and championed better education of the poor during a 36-year Senate career, died shortly after midnight today at his home in Newport. He was 90 years old.

Senator Pell was best known for his dedication to trying to make college affordable for all (see Pell grants.) By all acounts, he was a very good man. RIP, Claiborne Pell.

Sure, the US embargo of Cuba should be lifted. But that does not change the fact that Cuba has suffered 50 years of tyranny during the Castro regime, which came to power on January 1, 1959.

Like most rational people, I find US policy towards Cuba to be incredibly stupid and counterproductive. Unlike many people, I do not care for pretending that the Cuban regime is not repressive and a disaster for the Cuban people.

This year, I hope to see change, in US policy towards Cuba and in the Cuban government's policy towards its own people. Realistically, I doubt I will see either.

Speaking for me only

Digby and Jane Hamsher [in a comment, Jane states that her objection is to excluding Burris from the Democratic Caucus, not to attempts to not seat Burris. My apologies to Jane for my confusion.] misunderstand the Blago Farce. Digby cites Jack and Jill blog writing:

Harry Reid, as well as the President-Elect, needs to explain why Traitor Joe Lieberman was allowed to keep his Senate seat . . .

Digby argues, by implication, that Burris has a better claim to a Senate seat than Lieberman. A few facts get in the way of this silliness. Joe Lieberman won an election. Rod Blagojevich is about to be impeached and likely go to jail - for trying to sell a Senate seat, among other things. Burris would be appointed by Blagojevich, not elected by the people. Suuure, Burris has the better claim. Sheesh. More errors on the flip.

Happy New Year everyone.

This is an Open Thread.

Update: The suspect, James Chester Blanning, Jr., on parole for racketeering, has committed suicide. More updates here.

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One of the biggest nights of the year in Aspen is New Year's. Not this year. Police evacuated downtown -- 16 blocks in all -- because someone, possibly this 71 year old man dropped off two suspicious packages with threats inside. Police identify the man in the photo as Jim Blanning of Denver (formerly of Aspen) and are out looking for him.

The Aspen Police Department said the packages came with "a note (that) indicated a credible threat to the community."

Authorities hadn't said by 11 p.m. what was inside the packages. They were wrapped in Christmas paper and had pizza boxes underneath them, said Officer Stephanie Dasaro. Surveillance pictures got a clear image of an older man leaving the packages.

Hillary and Bill Clinton were the perfect choice to start the ball drop in Times Square tonight. They looked radiant and it was great to watch them dancing afterwards.

More photos below.

Given the stink adhering to the Blagojevich administration, the principled decision of Rep. Denny Davis to decline a possible Senate appointment might call into question the wisdom of Roland Burris' decision to accept one. It's true, as Burris pointed out, that Blago is presumed innocent, but the taint of criminal allegations that Blago tried to sell the Senate seat should have caused Burris, like Davis, to step back and await an untainted opportunity for the job.

Does Burris deserve the job on his merits? Apart from accepting questionable campaign contributions (what politician hasn't done that?), this is cause for concern about Burris' fitness to hold political office:

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Are you going out or staying in tonight?

I'm doing both, out to an early party then back home in plenty of time to watch the ball bounce.

From all of us at TalkLeft, we wish you a Merry New Year's Eve, and if you are online, thanks for spending some of it with us. This is an open thread, all topics welcome.

Patrick Fitzgerald's office filed a motion today seeking a 90 day extension of time to indict Rod Blagojevich. According to the motion (no link presently available):

The government has been conducting a diligent and thorough investigation in this case, but the investigation includes multiple defendants and potential defendants as well as thousands of intercepted phone calls, and additional factors warranting an extension of time (as cited in the government’s Attachment) exist. The government cannot complete its investigation and appropriately conclude the investigation within the time allowed under Section 3161(b) of the Speedy Trial Act as currently extended.

The juicy details in the attachment were filed under seal, keeping them from the curious public to avoid compromising the investigation. [more ...]

The Blago Farce becomes even more farcical:

Rep. Danny K. Davis (D-Ill.) would like to replace President-elect Barack Obama in the Senate. The appointment was dangled before him last Wednesday. He turned it down. We discussed why when we talked Tuesday night, hours after a defiant Gov. Blagojevich, facing impeachment for, among other charges, trying to sell the Obama seat, tapped former Illinois Attorney General Roland Burris for the spot, touching off a racially inflammatory firestorm.

Davis, speaking on the phone from Chicago, said he met with Blagojevich attorney Sam Adam Jr. last Wednesday morning. The two met in Davis' Chicago office. Davis said he was told "the governor would like to appoint me to the vacant spot." After Blagojevich was arrested Dec. 9, Davis, who sought the appointment from him when he thought Blagojevich was playing it straight, said he would not take the job if offered.

Good for Danny Davis. Heck, he seems like a good choice for the appointment . . . by Blago's replacement.

Speaking for me only