Nate Silver gets it about right:

I think Reid can be criticized for one thing -- for failing to advocate for a special election. But even if the Democrats had made a more earnest push to hold a special election, that would still have provided for the possibility that Blagojevich would attempt to nominate someone in the meantime. What were they supposed to have said? "You know Rod, we really have no legal grounds to block your nominee, so please pretty please with a cherry on top don't do it?"

So does Dave Weigel:

I don’t believe this "Burris will be seated" story. That would involve Harry Reid fumbling and caving. Ridiculous!

Heh. For a legal anaysis of the case see Sandy Levinson. I have to say I remain a skeptic as to whether Fitzgerald really has the goods on the sleazebag Blago, and have no problem with Burris at all.

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