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Legal Commentary
: TalkLeftClinton MI/FL Media Call Live Blog
By Big Tent Democrat
A heads up. At Noon EST, I will be live blogging the Clinton conference call on the May 31 DNC Rules and Bylaw Committee hearing on the Florida/Michigan Fiasco.
Let me tell you the question I hope to ask
In reading the DNC Staff Memo on the FL/MI situation, I noticed it did not discuss some critical issues. First, it did not address Florida's argument that it was entitled to a "waiver" or "safe harbor" pursuant to Rule 21. Second, it did not discuss the validity of the RBC's granting of "waivers" or "safe harbors" to Iowa, New Hampshire and South Carolina for violating Rule 11, the primary schedule rule. At the same time the memo stated that a 50% penalty was the automatic and mandatory penalty for violating Rule 11. Can you explain to me the Clinton campaign view on this seeming contradictions in the treatment of Florida and Michigan as compared to Iowa, NH and South Carolina? As you know, Michigan has submitted a letter which emphasizes its objections to this unequal treatment. If the DNC Staff argument is that the RBC does not have unfettered power to reinstate the Florida and Michigan delegations, isn't the logical conclusion then that the RBC did not have the power to grant waivers to Iowa, NH and South Carolina, and thus their delegations must also suffer the 50% penalty?
The live blog will be below the fold.
By Big Tent Democrat
Harold Ickes - "We are preparing for tomorrow's RBC meeting. We expect full attendance. Two chairs, Herman and Roosevelt do not vote unless there is a tie. Two formal challenges have been filed - one by Michigan's MDP. And one by Ausmann - of Florida.
On Michigan - Sen Levin will speak for Michigan Dem Party, Former Gov. Jim Blanchard will speak for Clinton.
On Florida - Ausmann will speak. For Florida Dem Party, Bill Nelson will speak. For Clinton Joyner from Tampa will speak.
Flourtnoy presents standard Clinton position.
Alegre asked a question similar to mine. Flourtnoy says my argument was wrong, that the waivers were fine and that only FL and Mi broke the rules. I find her argument unconvincing and I am eager to ask a question now.
Flourtnoy just conceded the argument. Clinton is now arguing that there can be no more than a 50% seating of the Florida and Michigan delegations.
frankly, I am flummoxed.
Huff Po asks do you want the RBC to throw you into the briar patch and not award all the delegates? the question seems credible to me no because Flountroy is arguing for 50% seating.
I asked for clarification on Flountroy's answer. Ickes REITERATED that it is the Clinton position that the positions of Iowa, NH, and SC are completely different than that of Florida and Michigan and that Iowa, NH and SC acted fully within the rules but Florida and Michigan did not. therefore, there was NO SELECTIVE enforcement by the DNC. He rejected Florida's argument that it was entitled to a safe harbor and he stated EXPRESSLY that the Clinton campaign does NOT agree with the position taken by the Michigan Democratic Party.
He did say that he disagreed with the implication of the DNC Memo that the RBC only has the power to seat 50% of the delegations, that only the Credentials Committee can fully seat the deleation. When I asked him if it cannot be done by "waiver" or "safe harbor," then what power does the RNC have here. He said "because it does."
Let me say that that strikes me as an unconvincing argument. I am amazed.
I do not see the Clinton argument now. Heck, I think they made the Donna Brazile argument today. I do not understand their logic.
The DNC NOW has the high road. they can say Michigan and Florida broke the rules, even Clinton agrees, so we have to penalize them. We will seat 50% of the delegates because FL and MI are important. And by doing so we have counted the votes.
I must say I am nonplussed. As an attorney, I have no idea what this is supposed to accomplish now.
I am signing off the call.
Full post as published by TalkLeft on May 30, 2008 (boomark / email).
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