Clinton Camp Charges Ahead With Delegate Challenge, Despite Legal Questions

FOXNews.com

Wednesday, May 28, 2008

Hillary Clinton's campaign plans to go forward with its push to have the disputed Michigan and Florida delegations seated in full, even after a memo from party lawyers said that the committee considering their plea cannot fully restore all the delegates.

The Rules and Bylaws Committee of the Democratic National Committee is set to take up several challenges Saturday to the party decision to strip Florida and Michigan of their delegates.

Clinton won both states and is pushing for the DNC to reverse its decision, even though neither she nor Barack Obama campaigned in those states and Obama wasn't on the ballot in Michigan. The DNC meeting offers the trailing New York senator a critical one-time chance to pick up more delegates before the end of the primary season, June 3.

"Our expectation and our belief is that the DNC will vote on Saturday to seat Florida and Michigan at 100 percent," Clinton spokesman Howard Wolfson said on a conference call Wednesday.

But the party's legal experts wrote in a 38-page memo that DNC rules require the two states lose at least half of their convention delegates for holding elections too early.

The staff analysis says the rules committee has the authority to seat some delegates from the two states, but that seating half the delegates is "as far as it legally can" go.

The memo was sent late Tuesday to the 30 members of the party's Rules and Bylaws Committee, which meets in Washington, D.C. this weekend.

The DNC analysis does not make recommendations for how the panel should vote, but gives context from the party's charter and bylaws for the committee to consider.

Clinton adviser Tina Flournoy said Wednesday that the memo was merely a "neutral" analysis that outlined the positions of all sides, and disputed that it was definitively saying the delegations couldn't be seated in full.

"We take the analysis straightforward ... and believe that the RBC members will look at both sides of the issue and make a fair decision on Saturday," she said, adding that the campaign still hopes "that the delegations will be seated in full."

The DNC analysis said two options are available to include half the delegations -- either allow half the number of delegates from each state into the convention or allow the full delegations to attend, but give them each half a vote.

"The rule does not actually specify whether the reduction is to be accomplished on the basis of delegate positions or delegate votes," the analysis said, giving committee members some justification for sending the entire delegations with half-votes as some leaders in the states want.

The analysis also underscores a prickly problem: If the Rules and Bylaws Committee decides to restore any of the states' delegates, there is no simple way to divide them between Clinton and Obama.

That's especially true in Michigan, where Obama had his name pulled from the ballot. He didn't have the option of removing his name in Florida, but all the candidates signed a pledge not to campaign in either state.

Clinton won the majority of the vote in Florida and Michigan and has been arguing that the delegates should be fully restored according to the results of the January primaries. But even if they were, it would not be enough for her to overtake Obama's delegate lead. He has 1,979 to her 1,780. Without the two states, the winning candidate would need 2,026 delegates to take the nomination.

As it becomes clearer that Obama likely will win the nomination, he has been working to win over voters in the two states with visits in recent days. He plans to return to Michigan on Monday.

The DNC staff analysis argues that the Rules and Bylaws Committee was fully within its rights to strip all 368 delegates from the two states when they scheduled primaries in January. Party rules said their nominating contests could be no earlier than Feb. 5. Michigan voted on Jan. 15, Florida on Jan. 29.

The analysis also said one option is to restore 100 percent of the delegates -- by a recommendation of the Credentials Committee that meets later this summer. However, that would mean a final decision would not be made until the first day of the convention in Denver since Credentials Committee decisions have to be approved by the full convention as it convenes -- risking a floor fight.

Clinton advisers would not speculate about the possibility of an appeals process that lasts through the summer.

"We fully expect .... that these issues will be resolved on Saturday," adviser Harold Ickes said. "That's a bridge to cross when we come to that particular stream."

Obama Campaign Manager David Plouffe acknowledged Wednesday that the weekend decision could alter the number of delegates needed to clinch the nomination. Currently, it takes 2,026 to secure the nomination, and Obama is 45 delegates away.

"Our magic number could increase kind of at the 11th hour here," Plouffe said Wednesday, adding: "If it's raised a little bit based on the Rules Committee, we'll have to go get some more superdelegates. But at some point we're the nominee."

He said Obama's willingness to seat some delegates is something "I don't think should be sneezed at."

Saturday's meeting is expected to draw a large crowd, with both sides' supporters encouraging a protest outside demanding varying formations of the states' delegates be seated. Proponents of full re-seating have mailed committee members Florida oranges and pairs of shoes to get their attention.

Plouffe said Wednesday that campaign supporters should not protest because it's "not a helpful dynamic to create chaos."

"I don't think a scene is helpful to party unity," Plouffe said.

Obama supporter and former DNC Chairman David Wilhelm said Obama supporters are "not going to turn this thing into a circus."

The warnings put the burden on Clinton supporters to tone down what's expected to be heated rhetoric and street theater staged to sway the rules committee to seat all the delegates.

DNC officials are concerned about a potentially large turnout at the "Count Every Vote" rally outside the event and have asked the hotel staff to increase security to keep everyone safe. The DNC says the roughly 500 seats available to the public inside were taken within three or four minutes of becoming available online Tuesday.

Alice Huffman, a member of the Rules and Bylaws Committee from California who is supporting Clinton, said she has been barraged with e-mails in the past few weeks. She said the senders include Floridians who are upset that they are being disenfranchised, and she has started printing out the messages so she'll have a record to explain her decision.

"This is a really, really significant issue to women. Obviously it's a significant item to people of color too. So I'm just preparing myself as best I can," said Huffman, president of the California NAACP.

FOX News' Major Garrett and The Associated Press contributed to this report.

 

 

 

 

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