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Rule Are Rules, Except When They Are Not

By Big Tent Democrat

What a fine mess Donna Brazile and Howard Dean have created. BTW, she should be removed from commenting on CNN about this primary campaign given the fact she is part of the story, and an ugly part.

Jerome Armstrong has the details:

Speaking as someone who sent Howard Dean to the DNC to decentralize the power of that committee to the states, it was a terrible leadership for him to have allowed the Rules & Bylaws Committee to tangle the presidential nominating selection process by selectively attempting to strip two states of their delegates, while continuing to ignore the fact that Iowa, New Hampshire, and South Carolina broke those same rules.

What's that? Yes, read the rules. . . . Yes, you read that right; under Rule 20.C.1.a., Florida, Iowa, Michigan, New Hampshire, and South Carolina would have all lost their super delegates and had their pledged delegates reduced by half since they all violated Rule 11.A.

However, Iowa, New Hampshire, and South Carolina weren't punished fairly. In fact, they weren't punished at all. And what about Florida & Michigan? Well, we all know what happened to them.

MORE . . .

NOTE - Comments are now closed

Instead of strictly adhering to Rule 20.C.1.a. and reducing their pledged delegates by 50%, the DNC Rules & Bylaws Committee decided to take it a step further. The DNC Rules & Bylaws Committee exercised the authority granted to them by Rules 20.C.5. and 20.C.6. which allowed them to "impose sanctions the Committee deems appropriate."

And what were those sanctions the Committee deemed appropriate? Stripping two of the largest states in the union of their votes at the 2008 Democratic National Convention.

That sort of ruling, my friends, is why it'd be worth whatever it takes to get Donna Brazile to remove herself from being in a position of authority within the Democratic Party.

Now, as I understand it, the DNC Rules & Bylaws Committee has not taken up the move by IA, SC, and NH in the their meetings; that the way it played out was, those states waited until after the DNC meetings on the matter, where they ruled against FL & MI, to make their move. The best case you could make, in their defense, is that it is still pending. But it seems pretty obvious, from looking at the reporting at the time, that their moves were just as self-interested and non-conforming. . .

Howard Dean and Donna Brazile have done great damage to the Party with their shenanigans. Their "rules are are rules, except when they are not" approach will damage the Dem Party in the General Election, whoever is the nominee. Can this be fixed? I do not know. But let's discuss this issue fairly.

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  • Display: Sort:
    My new rule: Threats to leave the party (5.00 / 1) (#7)
    by Cream City on Wed Feb 13, 2008 at 10:51:09 AM EST
    made by party leaders at this point mean swinging that door wide open and booting 'em out so fast they won't know what him.  

    Others may need an example, and I can't think of someone I'd more want to see less of than Brazille.  Never could stand her on tv, even before her petty threat.  Party leaders are supposed to unite the followers, not divide them with such bitter b.s.

    Going (5.00 / 1) (#8)
    by tek on Wed Feb 13, 2008 at 10:51:10 AM EST
    to keep saying, the Democratic leadership crafted this election to take it away from Hillary and give it to their Chosen One, Obama.

    I cannot feel good about the DNC after this blatant manipulation of the election process.

    Starting to agree with your theory. (none / 0) (#12)
    by oculus on Wed Feb 13, 2008 at 10:52:45 AM EST


    [ Parent ]
    actually (none / 0) (#26)
    by Jgarza on Wed Feb 13, 2008 at 10:58:45 AM EST
    the opposite is true and it back fired.  

    [ Parent ]
    Riiight (none / 0) (#31)
    by BDB on Wed Feb 13, 2008 at 11:01:35 AM EST
    Because Donna Brazile and Howard Dean are such big Clinton supporters.  

    [ Parent ]
    Me Neither (none / 0) (#30)
    by BDB on Wed Feb 13, 2008 at 11:01:06 AM EST
    DNC Contact Info:

    Mailing Address:
    Democratic National Committee
    430 S. Capitol St. SE
    Washington, DC 20003

    Main Phone Number:
    202-863-8000
    (For questions about contributions, please call 877-336-7200)

    And I'm also complaining about caucuses, pledged delegate allocation that is crap, and Donna Brazile.  

    [ Parent ]

    So (none / 0) (#81)
    by flyerhawk on Wed Feb 13, 2008 at 11:50:53 AM EST
    Not only are the Republicans out to get Hillary, not only is the media out to get Hillary, now the Democrats are out to get Hillary?

    Who exactly is left?

    Why does everyone hate Hillary so much?

    [ Parent ]

    Flyerhawk (none / 0) (#120)
    by Big Tent Democrat on Wed Feb 13, 2008 at 12:32:00 PM EST
    You are on dangerous ground.

    Cool your jets.

    [ Parent ]

    He is right though (none / 0) (#211)
    by SandyK on Wed Feb 13, 2008 at 02:30:40 PM EST
    Discipline in the ranks is dismal. All running around after tasty morsels, and not keeping the eye on the prize.

    Attacking Donna isn't worth the effort, it takes the resources that is needed to PROMOTE Hillary. Not attack the party, it's delegates and everything else with it. That's how elections are foiled, as the chickens are running all over pecking, forgetting that the feed is exactly where it has always been.

    Sooner or later Hillary has to differentiate between herself and Obama. Not play nice and try to sap his votes -- their his votes not on policies and all, they're there as if he's a rock star on tour (and they won't be around in November anyway).

    [ Parent ]

    If You Want More Evidence of What a Giant Mess (5.00 / 2) (#24)
    by BDB on Wed Feb 13, 2008 at 10:58:16 AM EST
    Check out this chart on democratic participation in the caucuses.  Obama dominates the ones with low turnout.  Clinton won and was close in the two with decent turnout.

    How is this a representative system?  

    Again, I cannot blame the states who want to move their primaries forward to put pressure on the DNC to quit sucking up to Iowa and NH.  And, how convenient that that big-mo win for Obama in SC wasn't stripped of delegates before the victory like Clinton's Florida and Michigan strongholds.  Gee, a paranoid person might think there's some sort of conspiracy at work at the upper reaches of the DNC.

    And I had no idea Donna Brazile was in a decision-making position at the DNC and is commenting publicly on what should happen and threatening to quit the party if certain things aren't done certain ways?  That's an outrage.


    She was close? (none / 0) (#33)
    by Jgarza on Wed Feb 13, 2008 at 11:03:41 AM EST
    in which ones?  loosing by 9 points in Iowa is close? how about Maine 19 points, they even have absentee ballots? or Washington state 37 point lead. All had huge turnout and she lost be significant margins.

    [ Parent ]
    I Thought I Was Clear (5.00 / 3) (#40)
    by BDB on Wed Feb 13, 2008 at 11:16:19 AM EST
    The more democrats who turn out at caucuses, the closer they are.  The two where the highest percentage of Dems turned out was Iowa, where the great Obama certainly won, I'm not denying that, and Nevada.  The turnout in those other caucus states is embarrassingly low in terms of total democratic voters.

    Put another way, I'm still angry that Washington Democrats will get 1 pledged delegate for every 2,500 caucus participants and California will get one for every 10,800 voters.  The reason?  Caucuses suppress the number of democrats who compete in them.

    The caucus system is a travesty and makes the pledged delegate allocation, which was already a travesty (see Iowa, see Nevada) even worse.

    This is no way to pick a nominee.

    [ Parent ]

    It's also (none / 0) (#133)
    by andrewwm on Wed Feb 13, 2008 at 12:41:50 PM EST
    because Clinton decided not to contest the caucus states on 2/5 and afterward. She contested them early on (lots of organizers in IA and NV) and they were close.

    Instead, she spent all her money on...well, no one's sure, but the news reports make it sound like it wasn't well spent.

    Caucuses are designed to give the person with the most money and institutional support an advantage. Everyone thought that would be Clinton (including her), but oops, turns out Obama played a better strategy by getting his team on the ground in the caucus states way before and in much greater numbers than she did.

    Simply, he worked hard for it and she didn't, ergo he won.

    [ Parent ]

    Not huge turnout compared to the GE (none / 0) (#35)
    by MarkL on Wed Feb 13, 2008 at 11:07:05 AM EST
    .. that's Eriposte's point.

    [ Parent ]
    Turnout (none / 0) (#194)
    by auntmo on Wed Feb 13, 2008 at 02:08:55 PM EST
    Yes....many of  the  caucuses  he won have  small turnouts.  

    When I read  Eriposte's  explanation,  and  realized  that   Alaska  caucus  only  had  9,000 voters  present,   North Dakota  only  18,000 (Obama's wins, among others),  but  the  Nevada  caucus  pulled   120,000  (Clinton win),   it   finally  hit home  how  Obama's  small caucus  wins  can not  match  Clinton's  huge  base  state  wins  or  her  large  caucus  wins.  

    It  DOES  speak to   the  basic   unfairness  of    the  caucus  system....and why  BTD is  correct  that  SD's  will look at  bigger issues  like   popular  vote    and  large  state  primary  wins  with a million  and  a half  Democrats  voting.  

    [ Parent ]

    I have to admit (5.00 / 2) (#76)
    by Lena on Wed Feb 13, 2008 at 11:47:41 AM EST
    that I just unsubscribed from the DNC's mailing list. They're flaming idiots. Not to mention incompetent.

    If a lifelong Democrat like me does that, I'd say they have a problem on their hands. In the space where they ask why I'm unsubscribing, I put "I'm a resident of Florida."

    Floridians (none / 0) (#198)
    by auntmo on Wed Feb 13, 2008 at 02:11:38 PM EST
    Just  want to let you know, Lena, that  I unsubscribed  to  DNC  list, too;  told  them   Democrats  don't  disenfranchise  ANY voters, on principle,  especially  Floridians.  

    So   there ya  go.   :)

    [ Parent ]

    Both came to Florida for (5.00 / 1) (#87)
    by Cream City on Wed Feb 13, 2008 at 11:59:10 AM EST
    private fundraising events, which were allowed.

    That has been agreed here.  So if you have actual evidence that either one held public events before the polls closed, those were not allowed -- but then you provide the evidence.  Otherwise, these are just your thoughts, not facts worth discussing.

    Rules damn rules (5.00 / 2) (#89)
    by Grey on Wed Feb 13, 2008 at 11:59:29 AM EST
    The DNC has made a huge mess not only with regard to MI and FL, but with the superdelegates, too, when you have the likes of Brazile saying she'll leave the party (only the DNC, it turns out) if the SD end up deciding this thing.

    Does Donna Brazile seriously expect anyone to believe that she's having a sudden attack of conscience about the superdelegates?  What, did she just notice that they have played a role in the nomination process since 1980?  Or that it's with their help that Mondale became the nominee of the party?  Please.

    Rules are rules; if she hated them so much, she could have done something about them before they came into play.  And as Jerome correctly points out, the DNC has already ignored one set of rules in order to kiss ass.

    Well done, guys.

    it's just a complete (5.00 / 1) (#90)
    by chicago dyke on Wed Feb 13, 2008 at 11:59:35 AM EST
    disaster from start to finish, and i'm almost glad that it's happening, so more people can understand how profoundly undemocratic this process really is. shadowy, unelected party hacks shouldn't be determining who gets to vote and who doesn't. the whole idea is just offensive to me. i'm with the 'national, month long, rotating order primary' camp. let's end this nonsense in which some people count more than others and just have a straight up vote with all the candidates on the ballot everywhere.

    i was flat out disenfranchised by people in "my" party and no, i'm not going to 'get over it.' whoever it is in the fall is going to have to work very hard to motivate me. why should i play a rigged game? that's for suckers. i don't do it at the card table, why then should i care about this wholly avoidable disaster made by big egos and Village career jockeying?

    The FL hypocrisy (5.00 / 2) (#158)
    by Polkan on Wed Feb 13, 2008 at 01:00:11 PM EST
    To the poster who said that FL democrats not voting in the general (if FL is not seated) are not real democrats:

    I'm a registered Democrat. I live in FL. I voted. And if this party doesn't have the guts to recognize my vote now, then it doesn't deserve my vote in november. I'm staying home, this is not a party I thought I was a member of.

    I think Obama must explain why he would rather spend fall money or disenfrachise 1.5MIO voters over a date squabble in a close election than follow his rhetoric about unity.


    Not sure your staying home is good enough (none / 0) (#217)
    by Salt on Wed Feb 13, 2008 at 03:04:12 PM EST
    you did nothing wrong your vote should count period their should be no other option none.

    [ Parent ]
    DNC claims they gave "a waiver" (5.00 / 1) (#226)
    by BluestBlue on Wed Feb 13, 2008 at 04:47:03 PM EST
    BTD,

    I called Howard Dean at the DNC (202-863-8000) to complain and they said I was wrong no rules were violated by IA,NH,SC. saying "I work with these rules day in and day out... blah blah blah"

    When I argued from your post of Jerome's post, the story changed... then they said they gave them "a waiver" so no rules were broken.

    Basically telling me "you're wrong, and if you prove you're not wrong, we'll just say we waived the rules in that instance".

    I told them fine. Lie to me if you want, but you won't get another penny from me, I'm donating directly to Hillary.

    And I know I'm not the only one sending back their email appeals with comments like don't send me emails until you play fair and speak out against the media bias & misogyny... and if you want to see my vote and money in the future you better act quickly.

    Howard Dean needs to get himself visible and talking about these issues or he is going to lose a whole lot of women, Floridians, Michiganders, and others who feel the DNC does not support them.

    I encourage anyone else feeling left out of the election, seeing bias in the DNC's behavior, or misogyny in the media to let the DNC know. The DNC is supposed to stand up for Democrats. It isn't supporting one candidate over the other, it is a matter of applying the rules fairly within the party and protecting all the Democratic candidates against unfair bias by the media!

    DNC (202-863-8000) Ask for Chairman Howard Dean

    The entire (none / 0) (#1)
    by hvs on Wed Feb 13, 2008 at 10:43:28 AM EST
    system needs to be changed to a series of big, regional events or randomized.

    But HRC supporters can't seriously argue for the seating of MI and FL's delegates now. Those were the rules before the start of the primary season. Her "victories" their didn't represent a fair match, obviously.

    Obama was for it before (5.00 / 1) (#4)
    by Cream City on Wed Feb 13, 2008 at 10:46:25 AM EST
    he was against it -- telling FL he was for seating its delegates . . . until  he lost FL.  Even though he was on the ballot, too -- even with his unfair advantage of advertising, holding a press conference, etc., against the pledge he signed.

    So your singling out of HRC's stance is done . . . why?

    [ Parent ]

    link? (none / 0) (#19)
    by Jgarza on Wed Feb 13, 2008 at 10:56:27 AM EST


    [ Parent ]
    Surely you jest. (none / 0) (#23)
    by oculus on Wed Feb 13, 2008 at 10:58:16 AM EST


    [ Parent ]
    Sky is blue (5.00 / 1) (#45)
    by blogtopus on Wed Feb 13, 2008 at 11:24:46 AM EST
    Link?

    [ Parent ]
    It is amazing how little the OFB knows about (none / 0) (#93)
    by LatinoVoter on Wed Feb 13, 2008 at 12:00:51 PM EST
    Obama and what he says.

    Obama Vows To 'Do What's Right'

    [ Parent ]

    It is the often distorted quote (none / 0) (#78)
    by flyerhawk on Wed Feb 13, 2008 at 11:48:58 AM EST
    by Obama that if he is the presumptive nominee he would fight to seat the delegates.  Some Hillary supporters wish to paint this as he is reneging on a promise because they choose to drop the word presumptive.  

    [ Parent ]
    So Obama is not principled (5.00 / 1) (#94)
    by Cream City on Wed Feb 13, 2008 at 12:04:26 PM EST
    That's what your hair-splitting -- and his? -- tells me.  He only fights for principles if they help him win.  Then they're not principles to him; they're tactics.

    Not a surprise, as he is a politician.  But he presents himself as above all that -- and that hubris, that hypocrisy, is why he won't get my vote.

    [ Parent ]

    What principles? (none / 0) (#196)
    by SandyK on Wed Feb 13, 2008 at 02:10:24 PM EST
    Obama has yet to show he has anything to backup his "change" and "hope". Nice speeches are fine, but if their not backuped with policies, they're e-m-p-t-y promises.

    Hillary needs to get tough now and tell the country that she's ready to roll on January 20th with a solid plan, not the alternative -- give more speeches and be a DO NOTHING.

    Action, not words.

    [ Parent ]

    Obama not principled (none / 0) (#204)
    by auntmo on Wed Feb 13, 2008 at 02:16:18 PM EST
    And  that   fact  will not be lost on  Florida  voters, Cream.   They  HEARD  him  say  he'd reinstate  ("do  the right thing),  and  are now watching him  renege  on it  because he lost.  

    The  Democratic Party  can't  win the GE  without  Florida.    

    Obama's   own  choices   may  cause  a  Dem defeat  in November.  

    That's  not "unity."

    [ Parent ]

    Here; not so hard to find (none / 0) (#213)
    by ahazydelirium on Wed Feb 13, 2008 at 02:41:44 PM EST
    Well, so much for a Dem win (5.00 / 3) (#14)
    by blogtopus on Wed Feb 13, 2008 at 10:53:34 AM EST
    it's a catch 22: If Obama doesn't win enough delegates to survive seating FL and MI delegates before his confirmation, he is going to tick off a LOT of swing voters in those states. It could effectively end his GE campaign, and even if I don't agree with the man, I don't want that either.

    Obama needs to agree to seating FL and MI or he can kiss those states goodbye. The fact that seating them might mean he loses the nomination is the decision he needs to make. The damage is done, what will/can he do to fix it? Hillary can't do anything about it other than just drop out of the race, and that's going to lead to a lot of voters feeling cheated/bullied as well.

    So the question is: Does Obama have the momentum to win enough delegates so he can ignore FL and MI should they get seated before the final count? Can he win a contested state that isn't his home? We'll see.

    You shouldn't blame Hillary for this mess; she didn't even campaign in FL, and Obama and Edwards chose to take their names off in MI. The only people who can be accused of wrongdoing is the DNC for disenfranchising swaths of voters.

    [ Parent ]

    That (none / 0) (#29)
    by tek on Wed Feb 13, 2008 at 10:59:46 AM EST
    is exactly right. The DNC has a great deal to answer for:

    Snatching defeat out of the jaws of victory,

    Because they are so worried about maintaining their personal power over the good of the country. I've been telling Dick Durbin that for 4 years, he could care less.

    [ Parent ]

    Is a FL or MI Democrat (none / 0) (#32)
    by magster on Wed Feb 13, 2008 at 11:02:49 AM EST
    really going to vote for McCain solely to punish the DNC?  

    Changing course on Iraq, Global Warming, Economy, Torture, etc.

    v.

    Punishing DNC

    Anyone Democrat who votes for option B isn't a Democrat in the non-Lieberman sense of the label.

    [ Parent ]

    More likely that they just stay home (5.00 / 1) (#39)
    by Cream City on Wed Feb 13, 2008 at 11:11:31 AM EST
    High turnout is always key for Dems.

    Discouraging voters from even coming to the polls means a GOP win in many of our swing states -- and also can really cut short any coattails for Congressional races.

    I keep hearing the "they won't vote McCain" mantra and wonder if that's coming from solid blue states?  They must not see the world as we do in states like mine -- the blue state closest to turning red in 2004.  And the "Midwestern nice" ethos is very operative here, where non-political-junkie types just stay home when it gets too messy in families and among friends, when it gets too hard to figure out who's right and who's wrong in internecine squabbles like this.  

    We also have a huge work ethic in the Midwest, we're dealing with a hellacious winter cutting into our time in days too short anyway -- so why miss work and/or family time to get more stressed by this?  That is what could hurt Dems the most.

    [ Parent ]

    Maybe not but (none / 0) (#36)
    by Florida Resident on Wed Feb 13, 2008 at 11:07:13 AM EST
    they may stay home.

    [ Parent ]
    I know my wife felt a bit offended (none / 0) (#37)
    by Florida Resident on Wed Feb 13, 2008 at 11:09:55 AM EST
    every time she heard her vote was worthless.  I really hope she still votes Democrat no matter who wins but I don't know.

    [ Parent ]
    In this election (none / 0) (#205)
    by SandyK on Wed Feb 13, 2008 at 02:16:47 PM EST
    that either/or tactic won't work. Because even Dems will cross to McInsane if they feel their vote is AGAIN stripped from them.

    This if Florida, folks. Remember 2000 and 2004?

    If the Democrat party can't get their act together, that state will slowly bleed Red. It won't matter if Clinton or Obama is the nominee, they're see red and vote Red, instead.

    A lot of protest and "less of two evil" votes in this election...A LOT!

    [ Parent ]

    Hey, Michiganders -- here's an idea (none / 0) (#208)
    by Cream City on Wed Feb 13, 2008 at 02:22:17 PM EST
    especially if we have any Yoopers here, without even a Great Lake between you and Wisconsin:

    We have same-day registration again in November, only six months' residency needed -- with proof such as a drivers' license.  So there's time to drive over, ferry over, etc., and establish residency by just getting a drivers' license here.  And then come on back in November, a lovely fall drive then. . . .

    And tell the DNC what you're doing -- and see what happens to its presumption that it can win Michigan without you.  It still probably will, but --  Wisconsin was the closest state in 2004, so we can use your help in staying blue.

    [ Parent ]

    Times Online (none / 0) (#43)
    by tek on Wed Feb 13, 2008 at 11:24:24 AM EST
    Has anyone seen the article in TimesOnline that states the entire Democratic "Establishment" is going to come out in support of Obama if Clinton continues her campaign and gets anymore wins? Nancy Pelosi is going to start the stampede, saying that the party will not turn its back on such a new exciting candidate (BO) who is bringing new voters to the party.

    Smells to high heaven.

    [ Parent ]

    Haven't seen that (none / 0) (#46)
    by blogtopus on Wed Feb 13, 2008 at 11:26:36 AM EST
    But if they do they've got a new underdog story on their hands and that can bring a huge group of people together more than anything. That can only make Hillary work harder.

    [ Parent ]
    Read It (none / 0) (#69)
    by BDB on Wed Feb 13, 2008 at 11:41:07 AM EST
    I'm not that worried.  What it says is that if things start to get nasty, the big Dems will step in.  Not surprised by that and I don't think they can do it before March 4th without having a riot on their hands

    I do think Obama has been trying to lean on Supers about how new and transformational he is and how all his bright young things will turn against them if they back Clinton.  But that will only go so far if Clinton starts winning again, particularly in big states.  If she holds her own in Wisconsin and sweeps March 4th, the race has very different optics.

    And one thing the paper also noted was

    There is a more sinister demographic fact that is causing a collective shudder to pass down the Democratic leadership. Mr Obama is consistently trailing Mrs Clinton among white voters and, in the South, white men.

    The Clintons would not dare play such a card, even if they wanted to, particularly after the racially charged ructions of South Carolina last month.

    Now, I agree that the Clintons won't play such a card, but I don't think they'll have to.  Super Delegates can read polling data.

    It sounded to me that the article acknowledged that both Clinton and Obama have hurdles to overcome in winning over enough Super Delegates.

    [ Parent ]

    Link? or is this (none / 0) (#72)
    by IndependantThinker on Wed Feb 13, 2008 at 11:44:51 AM EST
    just internet blog rumor stuff.

    [ Parent ]
    Here's the closest I could find: (none / 0) (#83)
    by oculus on Wed Feb 13, 2008 at 11:54:33 AM EST
    WILLIAM CRISTOL OP ED

    But it doesn't say anything about Pelosi thinking about new voters in the Dem. party.

    [ Parent ]

    tek (none / 0) (#206)
    by auntmo on Wed Feb 13, 2008 at 02:20:07 PM EST
    Haven't seen the  article, but  I suggest  Nancy Pelosi  study  what  happened  in New  Hampshire  when  the  public thought   Clinton was  being  too  harshly  battered.  

    [ Parent ]
    Not new voters who'll stay (none / 0) (#207)
    by SandyK on Wed Feb 13, 2008 at 02:21:27 PM EST
    kids don't vote when it counts. If 1 in 4 stays around to vote every or every odd year for local elections even, it's a miracle.

    Which is why parties cater to the ones that come to even the lackluster elections.

    National elections are the result of local elections. If the voters don't care to be interested in local affairs, the powers-that-be have no reason to even care about this new vote -- it doesn't help them.

    [ Parent ]

    New voters (none / 0) (#222)
    by auntmo on Wed Feb 13, 2008 at 03:28:05 PM EST
    Any   reason  to  believe  the rumor  that  the  Obama  campaign    literally  bused  in  college  kids  to the  Iowa  caucus?  

    Anybody know if  that's   true?

    [ Parent ]

    The rules called for a 50% strip (none / 0) (#10)
    by Big Tent Democrat on Wed Feb 13, 2008 at 10:51:36 AM EST
    as the GOP did.

    That was the rule breaking by the DNC.

    [ Parent ]

    Thanks -- reread again, got that now (none / 0) (#22)
    by Cream City on Wed Feb 13, 2008 at 10:57:19 AM EST
    and this makes the Rules Committee's action even more arbitrary and egregious.  Anyone know who is the chair, who are the members?

    [ Parent ]
    All Convention Standing Committees (none / 0) (#154)
    by ding7777 on Wed Feb 13, 2008 at 12:56:53 PM EST
    here is a pdf file of all standing committees (pdf)

    [ Parent ]
    and how influential was Dean in their selection? (none / 0) (#173)
    by lily15 on Wed Feb 13, 2008 at 01:11:15 PM EST


    [ Parent ]
    there (none / 0) (#13)
    by tek on Wed Feb 13, 2008 at 10:53:31 AM EST
    not their.

    [ Parent ]
    Dang you! (5.00 / 1) (#18)
    by blogtopus on Wed Feb 13, 2008 at 10:55:32 AM EST
    You just destroyed your entire argument. :-P

    [ Parent ]
    So another solution is to also strip (none / 0) (#2)
    by Cream City on Wed Feb 13, 2008 at 10:43:38 AM EST
    Iowa, New Hampshire, and South Carolina of their delegates at the convention.

    Aren't two of those three among red states, anyway?  Unlike Michigan and maybe Florida, and maybe they'd feel not so isolated and unfairly treated then.

    Great idea; but then could we also (none / 0) (#3)
    by oculus on Wed Feb 13, 2008 at 10:45:42 AM EST
    doa Groundhog Day rewind on Bill Clinton's Jesse Jackson remark.  Maybe HRC would have done better w/o that.  

    [ Parent ]
    This split (5.00 / 1) (#20)
    by tek on Wed Feb 13, 2008 at 10:56:48 AM EST
    is your brain, this is your brain on Obamamania: Look at the video and transcript, Bill Clinton NEVER made any racist remarks about Jesse Jackson, he never even brought Jackson up, the reporter did. Yet, the myth is so strong due to media support that Bill Clinton had to apologize for something he never even said.

    Seriously, is that the kind of society we want in our country?

    [ Parent ]

    OOps (none / 0) (#21)
    by tek on Wed Feb 13, 2008 at 10:57:18 AM EST
    The system inserted "split" in the title.

    [ Parent ]
    BTD's post convinced me. (none / 0) (#28)
    by oculus on Wed Feb 13, 2008 at 10:59:42 AM EST


    [ Parent ]
    I know; frankly, I feel much more wary (none / 0) (#34)
    by Cream City on Wed Feb 13, 2008 at 11:04:20 AM EST
    myself of discussing race these days -- and it's part of my job.  Just makes it more stressful . . . but that's why teachers get the big bucks, huh? :-)

    [ Parent ]
    Jesse Jackson (none / 0) (#209)
    by auntmo on Wed Feb 13, 2008 at 02:23:28 PM EST
    HIMSELF   came  out and  said    he didn't see  anything  racist  in   Clinton's  remark.

    But  the media  and the Obama campaign were still playing  that   card  to   trash   the  Clintons.

    And  playing  it  FALSELY.

    [ Parent ]

    I'm (none / 0) (#11)
    by tek on Wed Feb 13, 2008 at 10:52:37 AM EST
    for it. At least it would be one fair thing in a really nasty election.

    It'll be a miracle if we don't have a dissolution of the parties and maybe the country before this thing is over.

    [ Parent ]

    what where Iowa's NH and SC violations? (none / 0) (#5)
    by Florida Resident on Wed Feb 13, 2008 at 10:46:33 AM EST


    Holding primaries before 2/5 (nt) (none / 0) (#6)
    by Cream City on Wed Feb 13, 2008 at 10:47:41 AM EST


    [ Parent ]
    Muchas Gracias (none / 0) (#9)
    by Florida Resident on Wed Feb 13, 2008 at 10:51:25 AM EST
    How come the MSM has not made an issue of this?  Snark>

    [ Parent ]
    Ah... (none / 0) (#63)
    by MileHi Hawkeye on Wed Feb 13, 2008 at 11:38:42 AM EST
    ...those crafty Iowans!

    [ Parent ]
    So did Nevada (none / 0) (#165)
    by ding7777 on Wed Feb 13, 2008 at 01:06:12 PM EST
    And remember it was the Party chairs of these 4 states who dreamed up the "Pledge" and challenged the candidates with signing it.

    And without the Pledge, Obama would not have his 2 biggest excuses - no campaigning and ballot removal

    [ Parent ]

    Recently I've thought of myself as a Dean Democrat (none / 0) (#15)
    by katiebird on Wed Feb 13, 2008 at 10:53:41 AM EST
    For the last 4 years or so, I've thought of myself as a Dean Democrat.  But I was astonished and appalled when I first heard the news about this set of rules.  I remember Marcos saying something like, don't worry -- this isn't going to fly:  the delegations will be seated.

    But as a survivor of other bitter primary battles, I had my doubts that it wouldn't be an issue.  Even where the primaries aren't close, emotions run high between the candidate's supporters.

    And a lot of us like rules. But rules have to be created responsibly.  We can tell those people who voted in good faith that their votes are meaningless -- but can we then expect their votes in November?

    this is really interesting since (none / 0) (#16)
    by Florida Resident on Wed Feb 13, 2008 at 10:53:52 AM EST
    that should cut some of the the rules talk I keep hearing about Fl and Mi

    A fine kettle of fish (none / 0) (#17)
    by Abdul Abulbul Amir on Wed Feb 13, 2008 at 10:54:11 AM EST

    However, the 40+ state Obama victory will paper over the issue.  

    Signature Song

    Huh? (none / 0) (#25)
    by Marvin42 on Wed Feb 13, 2008 at 10:58:41 AM EST
    Sorry what does that have to do with anything?

    [ Parent ]
    It may or may not work out this way, (none / 0) (#57)
    by Abdul Abulbul Amir on Wed Feb 13, 2008 at 11:34:20 AM EST

    but big defeats provide the environment where fixing these kinds of issues much more so than big victories.  i.e. big victors tend to think that the system may not be perfect, but was good enough.  After all it elected them!

    However, this is such a soup sandwich that that dynamic may not operate.

    Signature Song
    [ Parent ]

    Yeah but the Obama campaign (none / 0) (#27)
    by Florida Resident on Wed Feb 13, 2008 at 10:59:35 AM EST
    has always said it was a matter of Delegates that is why there is so much arguing about super delegates.

    Whew.......what a mess (none / 0) (#38)
    by Militarytracy on Wed Feb 13, 2008 at 11:10:01 AM EST
    Glad it isn't my mess.  First we have a president voted in by the supreme court and then we get a presidential nominee voted in by a........um..... by a mess?  

    It's an unfortunate mess (none / 0) (#42)
    by AF on Wed Feb 13, 2008 at 11:19:39 AM EST
    But complaining that the rules are being bent for Iowa, New Hampshire, and South Carolina is silly.  They have always been allowed to go first.  

    This is not "rules are rules except when they're not."  This is "the rules suck, but rules are rules."  

    Luckily, the super-delegates are going to get us out of this by congealing around one candidate, giving him or her a margin of victory, and then seating FL and MI.

    No they BROKE the rules (5.00 / 2) (#50)
    by Big Tent Democrat on Wed Feb 13, 2008 at 11:30:15 AM EST
    Yet again, RULES ARE RULES, except when they are not.

    Did you even READ the post?

    My gripe is not even so much with punishing FL and MI, my gripe is with NOT FOLLOWING THE RULES regarding the punishment.

    [ Parent ]

    The rules provided for discretion in punishment (none / 0) (#74)
    by AF on Wed Feb 13, 2008 at 11:46:47 AM EST
    and the DNC exercised that discretion.  Bad decision.  Within the rules.

    Most importantly, this decision was made when nobody knew whom it would favor.  Now everybody knows that seating FL and MI would benefit Hillary.  So even if the rules are bad or the process of making them was questionable, they HAVE been the rules since well before the beginning of the primary season.  Saying that exceptions were made last summer is just a way of muddying the waters and preemptively justifying changing the rules to Hillary's benefit.

    [ Parent ]

    a set up (none / 0) (#107)
    by lily15 on Wed Feb 13, 2008 at 12:23:06 PM EST
    Nobody knew that Fla. and Michigan would favor Clinton?  Are you joking? Considering Brazile is a big Obama supporter, I believe she was in on this from the beginning.  More and more, this is looking like a set up to skew the election.  But nobody was paying attention. It makes no sense to take all, as opposed to 50%, of the delegates away.  Too much looks deliberate and under the radar.  

    Clearly, this also blindsided Clinton.  She completely missed the strategy underfoot.  But who would have known there was a grand strategy?  Brazil is clearly part of this.  And Howard Dean has been a disaster.  Why alienate two big states because of tiny Iowa and New Hampshire.  Iowa has gone Republican in the past..so why cater to them?  None of it makes sense.  Putting Ohio first makes sense..because of its demographics...

    Remember also Obama promised not to run in 2008.  Clinton campaigned for him for the Senate. This was set up...including the election of Howard Dean..these rules don't make sense...and don't help the party...

    [ Parent ]

    Well, as Bill Clinton might say, (none / 0) (#111)
    by AF on Wed Feb 13, 2008 at 12:26:22 PM EST
    Jesse Jackson won MI in 1988.

    [ Parent ]
    They disregarded their rule (none / 0) (#117)
    by Big Tent Democrat on Wed Feb 13, 2008 at 12:31:04 PM EST
    and made up an ad hoc punishment while leaving untouched three states that also broke the rules.

    Bad decision does not even begin to cover it.

    [ Parent ]

    It was a terrible, horrible, despicable decision (none / 0) (#145)
    by AF on Wed Feb 13, 2008 at 12:48:06 PM EST
    But it has the advantage of being made when nobody knew whose would benefit.  Any change now would not have that advantage.  From the point of view of fairness to the candidates, that is absolutely decisive.

    [ Parent ]
    Abuse of Discretion (none / 0) (#227)
    by xspowr on Wed Feb 13, 2008 at 06:36:09 PM EST
    Abuse of Discretion

    Hi all. Been lurking here for quite awhile, and figured I may as well put my two cents in for once! In the interests of full disclosure, I am an Edwards supporter who moved to HRC, but the following points flow from my being a lawyer rather than a partisan in this race.

    As the issue of seating the MI and FL delegations becomes an increasingly larger one, some posters opposed to seating the delegates have raised the following argument based on the DNC rules (which have been quoted at length here and on other blogs): to wit, that the rules committee of the DNC had the "discretion" to apply the so-called nuclear option to FL and MI and exclude ALL of their delegates, rather than the 50% option discussed in the rules.  This "discretion" argument is correct as far as it goes, but it's only halfway to the correct conclusion, as discussed below.

    To begin with, those who argue that the rules provide for this discretion by the rules committee of the DNC are correct; parsed correctly, the rules do NOT expressly or exclusively require the imposition of the 50%  penalty.  The committee may craft any remedy it deems suitable under the circumstances.  Again, however, the argument does not stop there, and any argument relying solely on the discretionary power of the rules committee will get you to the wrong conclusion, because that is the wrong issue.  The argument is NOT over whether the committee has such discretion, but rather over how that discretion was exercised.

     "Discretion" rules are common in many legal and quasi-legal contexts, whether state statutes, administrative regulations, association bylaws, party rules, etc.  For purposes of my argument, such "discretion" provisions are very common in court rules, i.e., those rules that determine the boundaries of a trial court's decision-making power. For example, a trial court has the "discretion" to admit or exclude evidence at trial based on the rules of evidence themselves and the decisional law interpreting those rules.  As long as the court observes the objective criteria set forth in that controlling law, and applies that criteria equally and fairly to both parties, the trial court can basically make any ruling or apply any remedy it sees fit without fear of being reversed on appeal.

    This court-rule analogy is, I believe, useful in the MI/FL context.  In essence, the rules committee of the DNC was acting in a quasi-judicial capacity (i.e., acting like a trial court) in making its decision.  The committee considered the particular facts and arguments presented by FL and MI, applied the DNC rules that applied to those facts, and reached a decision; in this case, the rules committee relied on the "discretion" clause as authority for it's decision to exercise the nuclear option rather than any other remedy it had available.

    Now, to extend the analogy, we have reached the appellate portion of the case. That is, those factions favoring the seating of the MI and FL delegates are now asking to have the decision of the rules committee re-examined, and either affirmed or reversed.  In essence, the credentials committee will be playing the role of the appellate court with respect to the rules committee.

    So (and this is where those folks who make the unalloyed "discretion" argument go off the rails), the relevant question is what standard of review is applied to determine whether the lower court's decision should be affirmed or rejected? In law, where the trial court's decision below was rendered under a discretionary standard (such as in the evidence example above), the standard of review is the so-called "abuse of discretion" standard--in other words, assuming the trial court had the discretion to render the decision it reached, did it ABUSE that discretion?  If so, that decision must be reversed or modified in some way.

    The rule of thumb for the "abuse of discretion" standard is quite simple: if the trial court reached its decision on an "arbitrary and capricious" basis (i.e., a basis not rooted in objective criteria fairly and equally applied to all the concerned parties), then the court "abused" its discretion, and the decision below is invalid.

    With respect to the seating of the MI and FL delegates, the following facts cannot be reasonably disputed:

    1.    FIVE states were in violation of the DNC rules for moving their primary/caucus to a date earlier than that provided for by said rules: IA, NH, SC, FL, and MI.

    2.    The rules committee elected to penalize only TWO states out of those five.

    3.    The basis for this decision (conspiracy theories aside), was to give primacy to the remaining three states based solely on tradition and political expediency, not by reference to the express written rules of the DNC (the objective "controlling law" in this case).

    4.    In deciding upon a penalty, the rules committee elected to impose the most severe sanction possible, rather than the 50% penalty clearly favored, but not mandated, by the rules (and, by way of comparison, the penalty favored and actually imposed by the RNC with respect to its own "rogue" states).  Further, this sanction was imposed without consideration of less draconian penalties that may have preserved some degree of voter representation for those states at the convention.

    Clearly, the rules committee could exercise "discretion" in deciding whether to exclude FL and MI delegates.  This point is not in contention.  The relevant question is whether the rules committee ABUSED that discretion.  Based on the undisputed facts set forth above, an objective observer would have to conclude that the committee abused its discretion in this instance.

    First, the objective criteria for determining whether an infraction of the rules had been committed (i.e., a clearly established earliest date for holding primaries and cacuses) was NOT applied fairly and equally to all parties concerned.  Instead, the rules committee applied that criteria only to MI and FL, not to the other offending states.  This alone renders the decision of the rules committee "arbitrary and capricious" and therefore an abuse of the discretion provided for in the DNC rules.

    Second, the nuclear option employed against MI and FL was not the least restrictive remedy available to the committee for penalizing those states.  In other words, the rules committee had several other remedies that would have worked equally well to penalize MI and FL (and one that was clearly favored in the rules, albeit not mandated).  For example, the committee could have simply stripped those states of superdelegates only, leaving the actual popular vote/pledged delegate count intact.  Instead, without stating any objective reason for doing so, the rules committee exercised the nuclear option, which deprived MI and FL of ALL representation at the convention. Looked at from a dispassionate, rules-based approach, this remedy was clearly arbitrary and capricious, and therefore an abuse of the committee's discretion.

    Obviously, much of this court-based analogy breaks down when looking at the DNC as a political body with political motivations and objectives.  However, for those folks making a rules-based argument, including those who argue that the rules committee had the "discretion" to completely exclude MI and FL, any serious reading of the undisputed facts must conclude that this discretion was abused by the committee.  If you are going to argue that a decision is valid based on the permissible discretion of a neutral arbiter, intellectual honesty requires you to find a decision invalid where such discretion has been abused.  For this reason, the appeal to the "discretion" rule to defend the exclusion of MI and FL does not hold up to scrutiny.

    [ Parent ]

    This whole system is an undemocratic joke (none / 0) (#47)
    by doyenne49 on Wed Feb 13, 2008 at 11:26:53 AM EST
    Scrap the caucuses entirely, eliminate the superdelegates, and have a national primary held over one month in March all across the country.

    Look (none / 0) (#48)
    by Big Tent Democrat on Wed Feb 13, 2008 at 11:28:29 AM EST
    You are not telling the truth Vic Ajax and we delete such comments.

    Specifically, Hillary broke no pledges regarding MI and FL.

    The rest of your comment is basically wrong, but not a falsehood directed at a candidate.

    You can repost that portion.

    Thank you (none / 0) (#60)
    by Lena on Wed Feb 13, 2008 at 11:36:46 AM EST
    It's a tough enough issue to argue without introducing false "facts."

    [ Parent ]
    breaking a pledge? (none / 0) (#178)
    by A DC Wonk on Wed Feb 13, 2008 at 01:17:11 PM EST
    I don't know if she broke a pledge vis-a-vis Michigan, but I do know this:

    In support of the DNC, way back then, both Edwards and Obama had their names removed from the Michigan ballot.  Clinton did not.

    You can't seriously argue, then, that results from Michigan should count, while also arguing that you favor allowing "the people" to choose.  The people had no real choice in Michigan.  (I would note that, despite this, Clinton beat "uncommitted" by 55% to 40%).

    Furthermore, the DNC approved the other "exceptions" (NH, SC, etc.) way back in December, but didn't approve MI and FL.  This wasn't an after-the-fact thing, this was before-hand.  

    So, despite claims that "rules are rules except when they're not", the real fact of the matter is that the present situation were the rules as of last December.

    And, again, all the major candidates -- except Clinton -- took their name off the Michigan ballot.

    To argue to include Michigan is really disengenuous.

    [ Parent ]

    I argue what I argue (none / 0) (#185)
    by Big Tent Democrat on Wed Feb 13, 2008 at 01:39:57 PM EST
    Clinton did not pledge to take her name off the ballot and Clinton, Dodd, Kucinich and Gravel were on the MI ballot.

    Your comment is rather a nonsequitor.

    [ Parent ]

    Correct (none / 0) (#210)
    by auntmo on Wed Feb 13, 2008 at 02:28:58 PM EST
    There  WAS  no pledge  to  keep or  remove  names  from   ballot.

    Obama  and  Edwards  CHOSE  to remove from Michigan  ballot  to   "suck up" to NH & Iowa.

    [ Parent ]

    Now if only I could (none / 0) (#49)
    by BDB on Wed Feb 13, 2008 at 11:29:35 AM EST
    get an apology from Obama over Jesse Jackson Jr's comments about Hillary not crying for Katrina?  

    How about one (none / 0) (#140)
    by andrewwm on Wed Feb 13, 2008 at 12:45:09 PM EST
    from Robert Johnson regarding Obama not doing anything useful in his youth because he was doing...well...you know. Never saw anyone apologize for that, and that was on the same stage as Clinton.

    [ Parent ]
    Robert Johnson, who made the (none / 0) (#155)
    by oculus on Wed Feb 13, 2008 at 12:58:11 PM EST
    statements, did apologize for making them.

    [ Parent ]
    Yes he did (5.00 / 1) (#214)
    by auntmo on Wed Feb 13, 2008 at 02:54:45 PM EST
    But  Jesse Jackson Jr  has  yet  to do so.    

    Is  the  Obama    campaign   hiding him now?

    He  IS  the co-chairman  of  Obama's  campaign.

    [ Parent ]

    It's the spirit of the law now (none / 0) (#51)
    by Florida Resident on Wed Feb 13, 2008 at 11:30:18 AM EST
    so why strip of all the delegates and not 50%.  I think it's dangerous specially in Fl where your marging of victory is if any very small.  Also when did Hillary campaign in Fl I live here and she did not.  Another thing the primary date was set by the Republican legislature in Tallahassee and as I asked before who was going to pay for the primaries if they were held on another date?  The DNC?

    Your comment is accurate (none / 0) (#55)
    by Big Tent Democrat on Wed Feb 13, 2008 at 11:33:06 AM EST
    I deleted the comments with the falsehoods.

    [ Parent ]
    Yet again falsehoods (none / 0) (#53)
    by Big Tent Democrat on Wed Feb 13, 2008 at 11:32:17 AM EST
    jdj, you are not allowed to write falsehoods about ANY of the candidates.

    This goes for EVERYONE.

    Comment deleted.

    I thought she agreed with the rulings? (none / 0) (#54)
    by jdj on Wed Feb 13, 2008 at 11:33:04 AM EST
    Did Hillary not agree with the FL/MI rulings last year?

    She pledged to not campaign (none / 0) (#56)
    by Big Tent Democrat on Wed Feb 13, 2008 at 11:33:49 AM EST
    in MI and FL.

    She honored that pledge.

    Stop with the falsehoods.

    [ Parent ]

    no ads or events? (none / 0) (#58)
    by jdj on Wed Feb 13, 2008 at 11:35:55 AM EST
    I thought Hillary did both ads and an event in FL, was that incorrect?

    [ Parent ]
    Yes, it is inaccurate. Obama (5.00 / 1) (#65)
    by oculus on Wed Feb 13, 2008 at 11:38:51 AM EST
    ads reached FL.  

    [ Parent ]
    That is incorrect. (5.00 / 1) (#70)
    by echinopsia on Wed Feb 13, 2008 at 11:41:19 AM EST
    Obama had ads and did a press conference in FL, both against the rules. His TV ads were on cable and therefore (he claimed) he could not get them blocked in FL. He also did fundraisers (not against the rules).

    Hillary did fundraisers and appeared after the polls closed. Not against the rules.

    [ Parent ]

    I saw a lot of Obama ads (none / 0) (#61)
    by Florida Resident on Wed Feb 13, 2008 at 11:36:55 AM EST


    [ Parent ]
    national buy (none / 0) (#66)
    by jdj on Wed Feb 13, 2008 at 11:39:21 AM EST
    From a national buy.

    [ Parent ]
    National Buy doesn't explain it (5.00 / 4) (#149)
    by Marvin42 on Wed Feb 13, 2008 at 12:50:52 PM EST
    Every national buy has options of local blackouts for various reasons, specially on cable channels. I have seen this excuse thrown about over and over, and that a national buy was "more cost effective." Great, all you have to do it tell the network or cable channel "black out Florida" and they will.

    Its a very thin cover to advertise and get away with it. So its kind of ironic that Obama supporters accuse the Clinton camp of cheating.

    [ Parent ]