Apparently the DNC’s lawyers say that, contrary to the Clinton campaign’s fondest hopes, the best that can be done regarding Michigan and Florida is to seat only half of each state’s delegation, or the full delegation with half the votes, but in any event, not the whole kit and caboodle.
Sen. Hillary Rodham Clinton’s prospects of persuading Democratic officials to override party rules and recognize all delegates selected in the Florida and Michigan primaries suffered a setback yesterday after lawyers for the party ruled that no more than half of those delegations could be legally recognized.
Democratic National Committee lawyers wrote in a memo that the two states must forfeit at least half of their delegates as punishment for holding primaries earlier than DNC rules allowed. Clinton (N.Y.) prevailed in both contests, although the Democratic candidates had agreed not to campaign in Florida and Michigan, and Sen. Barack Obama removed his name from the Michigan ballot. […]
… [I]n the memo, party lawyers determined that full restoration, as sought by Clinton, would violate DNC rules, although it did note a loophole that would allow her to carry the challenge to the first day of the Democratic National Convention in late August.
Obama campaign manager David Plouffe told reporters that the senator from Illinois is prepared to forfeit a portion of his delegate lead, as part of a compromise to resolve the Florida and Michigan flap. “We don’t think it’s fair to seat them fully,” Plouffe said of the two delegations. But he added, “We’re willing to give some delegates here” in order to put the matter to rest.
Essentially, this gives the DNC Rules and Bylaws Committee (and ultimately the convention delegates if she takes this to a floor fight in Denver) legal cover to decide that only half the delegates from Florida and Michigan can be seated when they meet on May 31st. As you might recall, Clinton aimed to make a big push at that meeting to have all the delegates from Michigan and Florida seated.
Clinton supporters are organizing a “Count Every Vote” rally outside the meeting site and have bombarded committee members with phone calls and Florida oranges to press their case.
Obama’s campaign sent a mass e-mail to supporters yesterday, urging them not to descend on the event. Plouffe said the campaign could easily muster “thousands, if not tens of thousands, of people” to counter Clinton’s turnout, but said he wants to avoid an “unhelpful scene at the close of the nomination fight.”
Of course, like all us litigious types, Clinton could still go to court and attempt to force the issue, but I don’t see that as a particularly good thing for her to do. It makes her look petty and contentious, reinforcing all the old Clinton stereotypes about being ruled strictly by their personal ambition rather than party loyalty. However, I fully expect her to file a lawsuit if the Rules Committee does decide to seat less than all the delegates. She’s given no indication that she cares about her party if she cannot be its standard bearer so far, and I don’t expect her to stop now just because the DNC lawyers or the Rules Committee disagree with the position which is most advantageous to her personally.
Speaking to reporters on a morning conference call, senior adviser Harold Ickes refused to rule out a legal challenge if the committee does not rule in Clinton’s favor. “That’s a bridge to cross when we come to that particular stream,” he said.
Parsing Ickes’ words, that tells me a lawsuit is inevitable at this point, perhaps even if the Rules Committee simply decides not to decide anything, and passes the buck to the convention. Big surprise, eh?
