By Big Tent Democrat

Speaking for me only

So sayeth Howard Dean:

It is our intention to do everything that we can and we believe we'll absolutely seat a delegation from Florida at the convention. That is absolutely in the best interest of all of us.

Guess Florida won't be learning that important lesson about NOT moving up its primary that some Obama supporters insist is important. After all, seating the delegations means the DNC penalties will be lifted. How they will be seated remains a mystery. But get this:

Dean called on Democratic presidential candidates Barack Obama and Hillary Clinton to agree to a solution to the impasse with the delegation.

So who should give in Mr. Chairman? We need revotes. For Florida AND Michigan.

Bump and Update: White Collar Crime Blog is following the developments. The issues to be argued are these.

Update: Here' s a preliminary news report on the hearing.

***

Original Post

Former Enron CFO Jeff Skilling, serving a 24 year sentence in federal prison, has his day in the 5th Circuit Court of Appeals.

By all accounts, he has a very good chance of getting a reversal on most of the counts he was convicted on. [More...]

Quinnipiac has a new poll out today (Big Tent Democrat's post on it is here.)

Results:

New York Sen. Hillary Clinton holds a 50 - 41 percent lead over Illinois Sen. Barack Obama among likely Pennsylvania Democratic primary voters and runs better against Arizona Sen. John McCain, the likely Republican nominee in Pennsylvania, Florida and Ohio, according to a Quinnipiac University poll released today.

By the numbers:

In general election match ups of the three largest and most important swing states in the Electoral College, the survey finds.

• Florida: Clinton 44 percent - McCain 42 percent; McCain beats Obama 46 - 37 percent;
• Ohio: Clinton beats McCain 48 - 39 percent; Obama gets 43 percent to McCain's 42 percent;
• Pennsylvania: Clinton tops McCain 48 - 40 percent; Obama leads McCain 43 - 39 percent.

More...

By Big Tent Democrat

Speaking for me only

I would immediately renounce Harold Ickes' statement on the popular vote and endorse Tweety's proposals on MI/FL revotes and the popular vote:

Both candidates agree to full revotes in Michigan and Florida and both candidates agree that the winner of the national popular vote will be the nominee of the Democratic Party.

For this nomination to mean anything for either candidate, the nominee must be perceived to have won fair and square. I know Obama supporters scream that Clinton supporters are being outrageous and vice versa, but either candidate will need the supporters of the opponent. Clinton, imo, can not win without a "will of the people" argument, and the pledged delegate count will not be that. It must be the popular vote. More . .

By Big Tent Democrat

So says Marc Ambinder:

The size of the committee will not be reduced even though Florida and Michigan are not participating as delegate-producing bodies, according to a DNC spokesperson. Florida and Michigan WILL be represented on the credentials committee.

Let me say this, that if Obama and the Democratic Party force themselves to exclude Florida and Michigan from the Democratic Convention, as Howard Dean seems prepared to do (though I must add that Kos is absolutely wrong about Dean's position on FL and MI. Dean favored revotes - OBAMA blocked the revotes), kiss Florida and Michigan goodbye for November. Chalk up 44 electoral votes for John McCain right now. There is STILL time to fix this - with party run revotes. Those who argue against this now are arguing against the interests of the Democratic Party in order to favor the interests of Barack Obama. For all the talk of Hillary's selfishness, and all pols are selfish, the biggest, most damaging act of political selfishness remains Barack Obama's blocking of revotes for Florida and Michigan.

By Big Tent Democrat

Speaking for me only.

It is one polling outfit, but here is the crux of Hillary Clinton's electability argument:

FLORIDA: Clinton 44 - McCain 42
McCain 46 - Obama 37

OHIO: Clinton 48 - McCain 39
Obama 43 - McCain 42

PENNSYLVANIA: Clinton 48 - McCain 40
Obama 43 - McCain 39

68 electoral votes. I believe Michigan will show similar results. 17 more electoral votes. I believe Obama can point to Iowa, Wisconsin, Colorado, New Mexico, Nevada, Oregon and Virginia in his column of advantage. 55 electoral votes. I stand by my assessment, Obama expands the map, but is the bigger risk in the big contested states. More risk, more reward electorally. I still think the risk is worth the reward. I thought the argument more compelling pre-Wright of course. But I think it survives that.

Maggie Williams, Hillary Clinton's campaign manager, has sent out a memo addressing why she's staying in the race. It's very simple. Politico has a copy.

As of today, the citizens of 42 states, the District of Columbia, Democrats Abroad and 2 territories have had an opportunity to vote – and they have exercised that right in overwhelming numbers. But the citizens in Pennsylvania, Guam, North Carolina, Indiana, West Virginia, Oregon, Kentucky, Puerto Rico, Montana and South Dakota have not yet had the opportunity to exercise that fundamental right. Together, this adds up to nearly 43 million Americans. Are their voices any less important than those of the citizens who have already voted?

....The simple fact is that this election is too close to call. After 46 primaries and caucuses, by virtually every measure, Hillary Clinton and Barack Obama are neck and neck – separated by roughly 130 of the more than 3,100 delegates committed thus far and less than 1% of the 27 million-plus votes cast, including Florida and Michigan. Less than 1%! With hundreds of delegates still uncommitted, neither candidate has reached the number of delegates required to secure the nomination. And either candidate can reach the required number in the coming weeks and months. This is indisputable.

More...

John Lennon, r.i.p, would be proud. Yesterday, Hillary Clinton announced a plan for 3 million new jobs.

At the Pennsylvania AFL-CIO Convention in Philadelphia, Hillary Clinton announced a plan to create three million new jobs through increased investments in the nation’s infrastructure. Hillary would create these jobs over 10 years by combining emergency initiatives like fixing the immediate safety risks of the I-95 bridge in Philadelphia along with long-term investments to create a greener, sleeker 21st century highway and transit system.

"President Bush has stood by and watched as we've lost 3 million manufacturing jobs. And he’s done nothing about the loopholes in our tax code that actually encourage companies to ship jobs overseas," said Clinton. "It's time for a different approach. I'll fight for every single job in America – and create millions of new, high paying jobs that can’t be outsourced. We're trying to run today’s economy on yesterday’s infrastructure – and we’re jeopardizing tomorrow’s prosperity. So I will rebuild America – by rebuilding, repairing and modernizing our infrastructure."

It's a $7 billion plan of tax incentives to companies that will keep jobs from going overseas. [More...]

The Justice Department today released John Yoo's 2003 torture memo to Congress. This is the infamous memo that the Bush Administration relied on in justifying it's "harsh interrorgation techniques" on prisoners overseas. This was the memo that was in force when the Abu Ghraib detainees were subjected to cruel treatment and torture.

Part One of the memo is here, and Part Two is here (pdf.)

Shorter version: Yoo wrote the Constitution is not in play.

In the March 14, 2003 memo, Yoo says the Constitution was not in play with regard to the interrogations because the Fifth Amendment (which provides for due process of law) and the Eighth Amendment (which prevents the government from employing cruel and usual punishment) does "not extend to alien enemy combatants held abroad.":

The memo goes on to explain that federal criminal statutes regarding assault and other crimes against the body don't apply to authorized military interrogations overseas and that statutes that do apply to the conduct of U.S. officials abroad pertaining to war crimes and torture establish a limited obligation on the part of interrogators to refrain from bodily harm.

The memo also says the Geneva Conventions don't apply al-Qaida and the Taliban. [More...]

Howard Dean on CNN tonight: There are only 2 ways Michigan and Florida delegates will be seated. One is if Hillary and Obama agree on a plan. The other is after the nominee is chosen when she or he will control the credentials committee.

In other words, Florida and Michigan are not getting seated in time to have a say in the nominee.

If I were a voter in Florida or MIchigan, I'd be livid.

The one thing neither Dean nor the DNC can control is whether the superdelegates consider the votes in Florida and Michigan. They can factor the votes into their own calculations of the popular vote. They can factor them into their decision as to which candidate is more electable in November.

Florida and Michigan voters who want their vote counted ought to let the superdelegates from the other 48 states know. Here is a list of uncommitted superdelegates, and here is a list of committed superdelegates. Both should be contacted since superdelegates can decide or change their mind any time before they vote.

Update (TL): Comments now closed.

By Big Tent Democrat

Speaking for me only

Mostly what Atrios said:

I've thought a lot about what Boehlert had to say about concerns about liberal bloggers channeling Drudgico type horsesh[*]t about Hillary Clinton. I think his basic point is important and correct, but he's wrong to make it an Obama/Clinton thing. One can certainly find pro-Clinton bloggers and commenters who do similar. Personally, I've tried to call media bullsh*t on both sides when I see it and as much us possible live by my basic rule of not reinforcing right wing narratives against Democrats. But I don't claim to be perfect or imagine that I always succeed at what I intend to do along those lines.

What Atrios glosses over is NBC. Because MSNBC has been the cable network that has been most fair to Dems generally for the past few years, Left blogs have given it a pass on its blatant sexist and misogynistic anti-Hillary bias. Most will not tell the truth about Keith Olbermann especially - he has become a bad joke. Most will not say that. And that is what Boehlert is talking about.

Update: For those who don't want to read through the live-blog below, the shorter version is the DNCC is making efforts to accommodate more bloggers than in 2004. Enabling a state blogger to sit with the delegates from their state is a big improvement, but it only applies to one blog per state, and doesn't apply to non-state bloggers.

Also, the credentials are only for events at the Pepsi Center, not for events at the Convention Center where other events and meetings will be taking place. I don't think this should deter anyone. In Boston in 2004, our media pass got us into events at the hotels and events outside the Fleet Center. Nothing really happens at the Pepsi Center until late afternoon. [More...]