Feinstein breaks with Obama and Democrats again, backs Burris

California Democrat Senator Dianne Feinstein, broke with President-elect Obama and her Senate colleagues again Tuesday to support Roland Burris in his effort to assume Obama's now vacant U.S. Senate seat.

"The question is really one, in my view, of law," Feinstein told reporters in a Capitol hallway.

"Does the governor have the power, under law, to make the appointment? And the answer is yes. Is the governor discredited? The answer is yes. Does that affect his appointment power? The answer is no, until certain things happen" she said.

Failure to seat Burris "has ramifications for gubernatorial appointments all over America," she said, describing him as "a senior, experienced politician."

Obama said he agrees that the Senate Democrats cannot accept the appointment of Roland Burris:

“Roland Burris is a good man and a fine public servant, but the Senate Democrats made it clear weeks ago that they cannot accept an appointment made by a governor who is accused of selling this very Senate seat.  I agree with their decision, and it is extremely disappointing that Governor Blagojevich has chosen to ignore it.

Feinstein also broke with Obama over reports Panetta is going to be Obama's CIA director, even though Panetta is not an "intelligence professional."

Feinstein's defection is significant because she the outgoing chair of the Senate Rules Committee that soon could take up Burris' case.

The appointment of Burris, and the accompanying racism charges is embarrassing Democrats. Illinois Democrat Congressman Bobby Rush, accused the Senate leadership of racism:

"While they might not be termed racist, their action is racist," Rush told FOX News. "I think that if Roland Burris hadn't been an African American, then he would have been allowed to accept the appointment and become a senator."

Majority Leader Reid's office didn't appreciate the Rush accusation:

Reid spokesman Rodell Mollineau called Rush's comments "outrageous and over the line."

Rush was more blunt last week:

"I would ask you to not hang or lynch the appointee as you try to castigate the appointer and separate the appointee from the appointer," Rush said.

In the end the Democrats will be forced to seat Senator Burris. But first, Obama must find a way to save face after, in yet another exercise of his poor judgment, Obama agreed to punish Burris for the alleged crimes of Blagojevich.