Intriguey

Filed in Delaware by on November 19, 2008

There is only one way this makes sense:

ABC News has learned that Delaware’s “newly elected Democratic governor is planning to take the oath of office at 12:01 a.m. ET on Jan. 20, 2009, making it possible for him to name Vice President-elect Joe Biden’s replacement to the United States Senate.  Whether Governor-elect Jack Markell (D) gets to name Biden’s Senate replacement will ultimately turn on whether the Vice President-elect makes good on his stated intention to wait until the moment he becomes Vice President to resign from the U.S. Senate.”

“Delaware law provides that when a U.S. senator resigns before the end of his term, the state’s governor appoints a replacement who remains in office until the next election which, in this case, is 2010.”

Speculation is that Biden’s son, currently serving in Iraq, would run for the seat in 2010.

Sounds all mysterious and intriguey, doesn’t it?  Markell and Biden conspiring together so that it is Markell that makes the appointment?   Read through to the ABC Story, though:

The midnight swearing-in will take place in Newark, Del., on the campus of the University of Delaware.  Markell will be sworn into office by one of the state’s Supreme Court justices.  While Markell will take the oath of office and officially become governor on January 20, he will re-enact the swearing-in and deliver his inaugural address on January 21, at the state capitol in Dover, Del.  Markell opted for a midnight swearing-in to accommodate Delawareans who wanted to attend the Obama-Biden inauguration in Washington, D.C., as well as the inauguration of the new governor, while simultaneously complying with the state constitution’s requirement that the new governor be sworn in on January 20. 

Markell thought it would be more feasible to hold a re-enactment on January 21 than it would be to hold a daytime swearing-in on January 20. 

Hmmm.  Now that is a very plausible and reasonable explanation for why Markell would take office early in the morning on January 20.  Indeed it might not have any connection to the appointment of Biden’s successor.   But this alternative scenario does not explain away Biden’s stated intention to hold onto to his Senate seat until the moment he becomes Vice President.   Why is Biden doing this?  He is not in Washington conducting Senate business, so that cannot be the reason.  And if he is to hold onto the seat until January 20th, then seniority for the appointed Senator must not be a consideration at all, which means Biden must want a 2  year placeholder appointment.   And given his intention to stay in the Senate until January 20th, it must mean that Ruth Ann Minner has told him that she will appoint  John Carney to the Senate, and Carney has told him that he will not step aside for Beau in 2010.  

That is the only reason this all makes sense.   It disappoints me.   I would have thought Jack Markell would want John Carney in the Senate helping Delaware.   A great primary race leads to a great partnership between Washington and Dover.  Instead, if this happens, it would seem Jack Markell is content to be a footnote in the Biden family dynasty.

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  1. David says:

    The Biden stick is just a negotiating ploy. If he and Minner can’t make a deal, then he will take his chances. I hope that it means John Carney doesn’t get the seat, but I am not that optimistic. Markell knows that the only one who could keep the seat a safe Democrat one is Carney.

  2. delawaredem says:

    Ah, so you think there is no deal between Biden and Markell right now, and that Markell’s only reason for moving his inauguration up to midnight is to accomodate the Obama-Biden inauguaration. I hope that is the case. For once, I hope Minner and Markell are on the same page re appointing Carney.

  3. nemski says:

    Boy, did you read a lot into this.

  4. delawaredem says:

    LOL. It’s my job.

  5. xstryker says:

    Grrr. Well, we can certainly hope that Castle will be too chicken to run against Beau in 2010. I’m confident Beau would beat Copeland.

  6. xstryker says:

    What would be really nice is if Joe Biden made a deal to convince Castle to retire so that Carney will have a seat to run for.

  7. David says:

    It has happened in the past. Remember Pete DuPont did the same thing and there was no issue on appointments.

    I have no insight into the Markell administration unless I call the chief of staff (LOL-just kidding) so I don’t know if they have a deal. They had a chance to speak with each other recently. I have no idea what they said, but why would Joe Biden hurt the new guy with seniority by putting him behind the curve unless he can’t trust Minner to do what he wants.

    Senator Biden should leave by Jan. 3 unless he is playing for a placeholder then seniority won’t matter. Maybe it’s Biden’s revenge for the Del. Dems not playing along.

  8. delawaredem says:

    David…

    If the appointment is to be a placeholder who will only serve 2 years, then yes, seniority is irrelevant.

  9. crap says:

    Love the breathless nature of this post, including “ABC News has learned…”

    Well, all of Delaware has learned it, too… from today’s Beau article in TNJ:

    >>>

    If Vice President-elect Biden resigns from the Senate before Jan. 20, Minner will be responsible for picking his replacement, and she has said she would consult with him before making that decision. If he decides to put off his resignation until the last possible minute before his vice-presidential swearing-in, the appointment duty will shift to Markell, who also takes office on Jan. 20.

    Markell will take the oath of office at 12:01 a.m. on Jan. 20, giving him the keys to the governor’s office moments after he becomes eligible, according to a state official close to the governor-elect. This will create a 12-hour window Biden could resign his seat and give Markell the opportunity to appoint his successor.

    “Vice President-elect Biden is consulting with leaders in Delaware and will make an announcement on his plans soon,” Biden spokesperson Elizabeth Alexander said.

  10. crap says:

    Oooh, and “Lieutenant Governor Jack Carney” makes an appearance again, courtesy of ABC.

  11. cassandra m says:

    I think that the only thing that you know from all of this is that Biden continues to drive this particular train. Just as I expected he would. And that he finds something suspect in a Minner appointment — whether she would not follow the script or she is being specifically dissed.

    Carney could still get the nod — and if there is a primary between Carney and Beau, who gets the majority of the old line Delaware Way support?

  12. Geezer says:

    I think, though I’m not certain, that the wording of the N-J article is in error. If Biden resigns Jan. 19, Minner is not duty-bound to name a replacement — she could leave it undone for a couple of days until Markell takes over. Look at Illinois — nobody has been named to replace Obama yet.

    Which would mean that Biden does not trust Minner to do what he wants. The question is whether Markell has made the deal, or Biden is just hoping for the best.

  13. RSmitty says:

    If the appointment is to be a placeholder who will only serve 2 years, then yes, seniority is irrelevant.

    Therefore…pick me! 😛

  14. It all makes sense.. except for the swearing in at a minute past midnight. If he wasn’t leaving the options open for appointing a Biden placeholder, then Markell would be sworn in at a decent hour that day, then reenact the ceremony the next day.

    The minute after midnight is telling.

  15. jason330 says:

    DD,

    So,

    >Biden spoke to RAM and asked her to put in a place holder.

    >Minner said, “No. I’m putting in John.”

    >Biden said, “Fine. I’m calling Jack.”

    >Jack said, “Okay. I’ll get sworn in at one minute after midnight to help you help Beau.”

    >Biden said, “Good.”

    Is this what you are asking me to believe?

  16. Unstable Isotope says:

    I agree with Jason, it doesn’t make much sense. Even if the new Senator were a placeholder serving only 2 yrs, I think you would still want to give them some seniority. It’s not like they’d be doing nothing in those 2 yrs.

  17. crap says:

    One thing you do have to kind of respect the politicians for is that NONE of their camps – neither Markell, Minner nor Biden – are leaking what they’re really thinking. Any one of them could spin this situation to make them look like the bigger man (so to speak). The fact that we’re still talking about this stuff means they have very tight internal discipline.

    Geezer,

    I’m not sure I understand what you’re saying abot Illinois. My understanding there is that the governor has said he wants to get someone in by early December, but he’s taking his time about it. The governorship there isn’t turning over in January, so he’s the only one who could make the appointment.

  18. jason330 says:

    Imagine Minner saying “no” to Biden.
    Imagine her sticking up for Csarney.
    Imagine Biden accepting “no.”
    Imagine him then going to Markell.
    Imagine Markell saying “OK.”

    Every one of the things that would have had to happen are incredible. All of them together are outright impossible.

  19. heh, I am pretty sure that this is a deal with Biden senior to put the place holder of his choice.

    Why wouldn’t Markell do the next Vice President of the United States of America a big fat favor?

  20. cassandra_m says:

    So what if this isn’t about what Minner vs Biden?

    What if it is Carper vs Biden? Both Minner and Carper are Carper proteges — is there an agenda that Carper might be trying to move forward that Biden is in the way of?

    Speculation only, of course.

  21. El Somnambulo says:

    El Somnambulo is warning you: Use better logic or face his dreaded “El Siesta Permanente” finishing hold, aka “The Dirt Nap”.

    The next Senator will either be John Carney or a placeholder. John Carney would never agree to be part of an effort by the Old Grey Mare to place him in office over the objections of Biden, with whom he is especially close.

    John Carney as a placeholder makes no sense b/c, if he does well, which is likely, Delawareans and especially bloggers will be up in arms if he is cast aside for the Beaudisattva.

    There is no other public Democratic figure sufficiently-established to warrant more than a placeholder nod. Harriet Windsor-Smith would be ideal for that role.

    So, you may ask, why does there appear to be so much indecision? Here is El Somnambulo’s guess. If you are John Carney and you were unable to escape the chicken ‘n dumplings millstone bequeathed to you by Minner, who would you rather have appoint you to the Senate? NOW you’re thinking.

    El Somnambulo predicts JC to DC, and that Jack will do the honors.

  22. jason330 says:

    Shorter El Som: Mucho Ado’os About Nada

  23. liz says:

    I predict Minner will pick Harriet Windsor Smith. Beau said he doesnt want it! Why promote Carney? You can beat the heads of both parties have already decided, they will let us know when all their “corporate ducks are in order”.

  24. Geezer says:

    Crap: My point was that there’s nothing saying the new appointment must be made immediately. He could resign today; if an agreement was in place, Minner could just leave the seat open for Markell to name a replacement. Therefore, Minner must be the fly in the ointment.

    Got that, or should I explain it again?

  25. delawaredem says:

    I humbily apologize to the Beast who Slumbers for failing so horribly at Logic in college, and do agree that maybe the symbolic nature of Markell appointing Carney is what is being arranged here.

  26. jason330 says:

    Geezer makes a good point and it is the only reason that the 12:01 makes sense.

    However – I still can’t get my head around the notion that Minner could frustrate Biden’s plans even if she wanted to.

  27. jason330 says:

    Why 12:01 then?

  28. delawaredem says:

    Well, perhaps much of the Delaware political establishment, including Jack Markell, wish to be in Washington, DC to witness the first Delawarean ever to be sworn into high office, thus, an early morning or late evening swearing in could not take place as such individuals would either be en route to or returning from Washington D.C.

    12:01 is like having it the day before, so that everyone can go to sleep, and travel to DC bright and early the next morning.

  29. jason330 says:

    I give. That wins.

    JC picked by JM in the conservatory.

  30. anonone says:

    If RAM is the fly in the ointment keeping Markell and Biden from getting their choice, then she is effectively making Delaware’s new junior senator 100th in seniority since he’ll be the last one sworn in.

    Thanks, Ruth Ann.

  31. Susan Regis Collins says:

    Yada, Yada, Yada…this dynasty bit makes my eyes roll, my head hurt, and my tummy flip. The Founders turned down ‘Imperial’ government and recently we turned down ‘imperial’ president.

    Let’s not get ahead of ourselves:

    To date I see no reason to elect Beau Beau to A.G. or any other office….so far he disappoints and I voted for him.

    P.S. All of you know the deal: keep saying it often enough and it becomes ‘true’. So watch your language.

  32. RSmitty says:

    …for the Beaudisattva

    Excellent play on a word there…now I have Steely Dan playing in my head, too (the band, not that other thing).

  33. kilroy says:

    Jack picks his buddy Skipper! Kilroy OD’s on Crow Pie

  34. John Manifold says:

    The midnight swearing-in has nothing to do with the Senate appointment. It’s exactly what Pete du Pont did the last time that Inauguration Day occurred simultaneously in Dover and DC. Coincidentally, that was also a huge Presidential inauguration for the party staging the Dover ceremony.

  35. crap says:

    So Markell is holding his big inauguration ceremony on Jan. 21 in Newark – confirmed today.

    Gee, thanks, Jack. I know it’s your hometown and everything, but that’s a load of crap (and I know crap!). You’re not going to inconvenience folks who want to attend both your inauguration and Obama-Biden’s, but you ARE willing to inconvenience people from south of the canal who have to drive two hours to get there. Jackass.

    Hopefully when Lieutenant Governor Schwartzkopf gets elected governor (that’ll be in 16 years, after 8 of Markell and 8 of Denn), he’ll shut down all the friggen state offices in Wilmington and move the state capitol from Dover to Rehoboth and teach all you New Castle County snobs a damn lesson….

    Grumble, grumble, chip on my shoulder…

  36. RSmitty says:

    In reference to crap (above), I propose all inauguration ceremonies from here on out be held somewhere in Claymont with a reception at Harry’s Savoy.

    😀

  37. Andy says:

    Harry’s sucks

  38. Al Mascitti says:

    Do you really think Schwatzkopf is going to live down the endorsement of John Atkins? Not to mention that the last two south-of-the-canal governors — Sherman Tribbitt and his former secretary — have ensured that many of us would never vote for a downstater for governor again.

  39. El Somnambulo says:

    Pete Schwartzkopf is one of Delaware’s most intriguing figures. Al’s south-of-the-border misgivings notwithstanding, Schwartzkopf is not the typically parochial-and-proud-of-it slower Delaware legislator. Like El Somnambulo, he is a worldly man.

    He represents the (all things are relative) more progressive part of Sussex, including Rehoboth, and he was an early and strong Markell backer.

    If, as House Majority Leader, he succeeds in guiding Markell’s initiatives through the GA, he’ll be on the fast track to higher office. And, while Atkins occupies a lot of bandwidth, not many Delawareans even know who he is.

  40. Al Mascitti says:

    Oh Drowsy Ambler: Schwartzkopf is also another in a long line of ex-state cop legislators, a situation that perpetuates he accountability-free nature of that runaway agency. I have my suspicions about that agency vis a vis Atkins, and S’s endorsement of him — absent any objective evidence that the bad boy of Sussex has changed in any meaningful way — increases my belief (shown on that fateful October night by whom Atkins asked for when caught) that JA is an in-the-pocket State Police tool.

  41. jason330 says:

    If he wasn’t previously, he sure is now.

  42. Political Observer says:

    Biden’s avowed love of the Senate and the seriousness with which seniority is viewed in that institution makes me think that it has to be a placeholder if Joe is waiting to the last moment. Whether it is a deal with which everyone is on board or Biden has thrown in with Markell for the benefit of Beau is the real question.

    Al, if you were there on the last nights of JA’s waning moments in the House, you would know that Schwartzkopf was on a rampage against him. The new Majority Leader has stated he believes in JA’s redemption; and I believe Pete when he says it. It’s up to JA to prove it is true at this point.

  43. Senority doesn’t matter in a placeholder situation, it would reset in two years.

    Biden might have to sweeten the deal by pulling some strings to get Carney some non-important cabinet position.

    I am completely speculating, but I bet that is what the holdout is for.. blackmail for an appointment.

  44. Al Mascitti says:

    PO: Yeah, well. I have no idea what state cop family arguments might be about — but you should consider the possibility that Atkins’ sin was letting it get out in public that he called for his buddies in the state police to save his skin.

    All I know is that John Atkins has been peddling his redemption tale to all comers, and has convinced some whose soft hearts lean that way — something I have a hard time believing would hold true for a hard-nose like Schwartzkopf. In my experience, people who truly change shut the hell up and prove their conversion by actions, not words. It’s how I know Tom Gordon was full of it — he talked like he had seen the light until he decided to take revenge on Coons, then reverted to his ugly habit of personal smears.

    Any over-under on how long until Atkins’ true colors show thru?

  45. Political Observer says:

    Al, if you read the last line of what I wrote, you’ll see I’m saying he’s got to show it to be believed by everyone but the voters in the district, so I agree with you that far. I was only saying I believe Pete when he says HE believes it. It was not to Pete’s political advantage to support JA. He didn’t need that vote for Majority leader.

  46. MJ says:

    Crap, if you read the press release from Jack’s transition team, you’ll clearly see that the ceremonial swearing in will be on the 21st in DOVER, not Newark. As for Pete as Governor, I think he would be one hell of a Governor. But Jack is going to be one hell of a Governor, too.

  47. crap says:

    MJ,
    Thanks for the correction. It still stinks that I’d have to drive two hours to attend the actual swearing-in. I hope Jack won’t make this a habit and remember there are three counties in Delaware.

    Al … you wrote:
    “Not to mention that the last two south-of-the-canal governors — Sherman Tribbitt and his former secretary — have ensured that many of us would never vote for a downstater for governor again.”

    Do you include yourself in “many of us”? I thought you were a bit more open-minded than that. You must really have been agonizing your vote in 2004, with two downstaters in the race.

    Just rest assured that folks down here hate you snobby upstaters just as much as you look down on us hicks. 🙂