On the rules

Markos (who seems to distill either a "coup" and/or "civil war" going on more than anyone else lately) agrees with Josh, so does Duncan (maybe). Joc at Corrente calls bluff, but leave it to BTD at TalkLeft:

If Obama is the pledged delegate leader and the untainted popular vote leader, then I will be up in arms if the Super Delegates deny him the nomination. But I do not claim for a second that this violates the rules. It clearly does not. The whining about the existing rules comes from Kos and Josh Marshall and other die hard Obama supporters. THAT is a fact.

In essence, what some Obama supporters are arguing for is CHANGING the rules so that the pledged delegate leader is the nominee. Maybe we can adopt that rule for the next nomination fight. But we won't for this one. Instead, JUST LIKE the Clinton campaign, the Obama campaign and its online supporters are arguing for what they think the Super Delegates should do.

What bothers me is they are pretending they are not. It is disingenuous of them. I am arguing for my views as well. For making the popular vote the deciding yardstick. But I admit the rules do not mandate that my yardstick be followed. Obama, his news network NBC, and his legion of blog followers pretend they are standing for the rules. They are not.

Or James Joyner (maybe it takes a Republican) will explain it:
The rules of the game, which have applied not only since the outset of this contest but for the past several decades, state that the nominee is the person who gets a majority of the delegates at the convention... Given the proportional allocation of delegates, we know that Clinton will certainly not arrive at the Democratic National Convention in Denver with that many and that Obama is incredibly unlikely to do so, either.

Despite their name, the Democratic Party has a much less democratic means of selecting their nominee than the Republican Party. They chose years ago to empower party poobahs, via their role as "superdelegates," to have a large role in selecting their standard bearer. If Clinton can make up her relatively slim deficit in pledged delegates by persuading these superdelegates that she would have a better chance of beating John McCain in November then, per the rules that everyone agreed to in advance, she'll be the nominee.

The rules. They were agreed to in advance by both sides. Like them, or argue to change them for next time, but lets quit denying what they are. And please spare us from pretending that there's some sort of violation if Clinton is the first to get a majority of the delegates through the combination of pledged-delegates and super-delegates.

Update [2008-3-24 19:7:53 by Jerome Armstrong]: Trickster with a further explanation:

I've just read posts from several people complaining that Obama's not trying to change the rules, or that Obama's not saying that Clinton is trying to change the rules.

I think you folks are misreading this post. Look at it a little more closely. This is a post about Obama's adherents' complaints that Clinton is trying to "change the rules."

Does this happen? Hell yes. Just look at Mojo Risen's post a few above this, timestamped 6:42:08 EDT, and I daresay that if you just look around this site you will see it over and over. Kos is constantly saying that Clinton can only win the nomination by a "coup," which clearly implies that she would be overthrowing the existing regime, i.e., changing the rules, if she wins by superdelegate vote, or if she succeeds in getting the FL and/or MI delegations seated.

Heck, if you don't believe that, then check out this Google search: 177,000 hits for [Hillary ("changing the rules" OR "change the rules")].

Superdelegate votes and credentials fights alike are clearly provided for under the existing rules. Winning the superdelegates votes or winning a credentials fights are not changing the rules, they're just winning the game with the current rules.

I'm all for changing the game to have better rules, but for right now we're stuck with the game we've got. For this game, the rules are what they are, and I would be greatly obliged if those who like to complain about Hillary's desire to change them would take some time first to familiarize themselves with what they really are.

Otherwise, feel perfectly free, as Jerome suggests, to argue that metrix X, such as leading in pledged delegates, should be the metric that superdelegates use. Just please refrain from making the factually incorrect claim that the use of some other metric would constitute "changing the rules."



Display:


Re: On the rules (2.00 / 2)

The rules also say Michigan and Florida could not hold their primaries before February 5th, yet they did.


by mefck on Mon Mar 24, 2008 at 06:36:46 PM EST

Re: On the rules (2.00 / 3)

Yea, and it will take a Rules Committee to decide what to do with them too...

Rules, Math, too bad there's not Language or Writing skills involved as well.


by Jerome Armstrong on Mon Mar 24, 2008 at 06:40:55 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

Jerome, I find your position partisan and mendacious.

You admonish Obama supporters for essentially lobbying superdelegates to use a standard that suits Obama for making the case superdelegates should vote for Obama. As far as I know, there's nothing against the rules for lobbying superdelegates. And certainly the HRC campaign is lobbying superdelegates for seeing things to the benefit of their campaign.

So, you seem to be arguing the Obama campaign is disrespecting the rules by merely making the case superdelegates vote for Obama.

In the same discussion you are implying that if the rules committee changes the rules vis-a-vis Florida and Michigan at the convention this is OK b/c that's what the rules committee is empowered to do.

I suppose the rules committee also has the power to not seat any HRC delegates if Obama partisans gain control of the rules committee. Would you consider this changing the rules after the contest began? Or would it merely be a fair exercise of legitimate power?


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Mar 24, 2008 at 07:10:01 PM EST
[ Parent ]

Re: On the rules (none / 0)

Obama and NBC are already declaring he's won the nomination - and if he doesn't get it there will be H_ _ L to pay.
Obama supporters promise to riot and boycott if he's not the nominee. Obama has not discouraged it.
The SDs choose the nominee.
Which candidate would be best nominee for the Dem Party?
Hillary/Obama08
by annefrank on Mon Mar 24, 2008 at 07:33:49 PM EST
[ Parent ]

Obama will be better for the Dem Party (2.00 / 0)

based on mobilizing more volunteers and contributors and his relative strength is the South and West. Obama also makes a play for expanding the Dem base by attracting independents and Republicans.

I am not certain he will be a great POTUS. I think he may be. I'm pretty certain HRC will be a mediocre POTUS.


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Mar 24, 2008 at 07:49:12 PM EST
[ Parent ]

Re: Obama will be better for the Dem Party (none / 0)

Uh,  no.   The most  current   polls  in  already-voted   states  at  SUSA  show   that  after the  Wright  fiasco,   the  Independents  and  Reagan Dems    have moved   to  McCain.  

Obama  is  also  losing  the  now disillusioned  youth  vote    and  the  white  male  vote.  

Superdelegates  have  every right  to acknowledge  that   and  consider   same  in  making  choices.  

You  don't  win  in  November  with   delegates.    You  win  with   electoral  votes.  


by auntmo on Mon Mar 24, 2008 at 09:04:24 PM EST
[ Parent ]

Re: Obama will be better for the Dem Party (none / 0)

There's a "dissillusioned youth" vote?

How do pollsters factor that in? "If Tinkerbell were dying, would you:
a) Clap to save her?
b) Walk off an listen to more Panic! At the Disco?


Fight the Smears!
by Lettuce on Tue Mar 25, 2008 at 09:34:25 AM EST
[ Parent ]

Re: Obama will be better for the Dem Party (none / 0)

Have any Obama supporters on MyDD stopped supporting Obama b/c of Rev. Wright?

It seems that you want there to be a big backlash against Obama to justify what you wanted before the Rev. Wright tapes surfaced.

Obama has weathered the Wright tapes. And his volunteers are still volunteering. And his contributors are still contributing.


Rrrinnggg... Time to change the government.
by Carl Nyberg on Tue Mar 25, 2008 at 11:38:29 AM EST
[ Parent ]

Re: On the rules (none / 0)

Well I guess we are extremely lucky to have the SD's here to think for all us common folk...


by Rockville Liberal on Mon Mar 24, 2008 at 07:58:44 PM EST
[ Parent ]

Observing that the sun rises in the east... (2.00 / 0)

...does not mean you're 'threatening' the east with the sun.

If people observe that the democrat party will be torn apart when the nominee with the greatest numbers of votes/states/delegates loses to the one with less, then that's hardly a threat. It's just information. And common sense. Spinning it back on the sayer is spanish inquisition tactics


Moose Juice; debate without hate
by brit on Mon Mar 24, 2008 at 08:00:11 PM EST
[ Parent ]

Re: Observing that the sun rises in the east... (none / 0)

That  depends on whether  a  large  group  of  the popular   vote  felt  bamboozled   and   regret  that  vote  after  seeing  the  Wright  videos,    which  changes   the   equation.    

If  current state  polls   show  a  large   change  in    same ,   superdelegates  have  every  right  to take  that  into  consideration.  


by auntmo on Mon Mar 24, 2008 at 09:07:01 PM EST
[ Parent ]

Re: On the rules (none / 0)

Every single time I see this mentioned I ask then why even have a primary in the first place? Shouldn't we just allow party leaders to determine the nominee? Isn't that what you advocate when saying that?


by zep93 on Tue Mar 25, 2008 at 10:31:40 AM EST
[ Parent ]

Re: On the rules (2.00 / 0)

I'm not going to talk math, although I'm a math teacher.

The super delegates certainly can vote for whoever the hell they want, so until someone has the magic number, the race is not over.

However, I have to disagree with you about FL and MI. Here is my analogy as a math professor:

If I catch a 2 students breaking the rules on an exam, the grades they otherwise would have received are replaced with zeroes. These rules are well known in advance as published in my syllabus.

Sometime when they are caught, the students ask for a redo, but I don't do that as that would reward cheaters and would be unfair to the other 48 students in my class who followed the rules.

If these students don't like the rules or feel they were treated unfairly, they can always appeal to the Dean! (no pun intended)


by mo on Mon Mar 24, 2008 at 07:19:46 PM EST
[ Parent ]

Re: On the rules (2.00 / 0)

the pun may not intended, but it is quite funny!  kudos :)


Being Normal is for the Mediocre.
by Doug Tuttle on Mon Mar 24, 2008 at 08:07:16 PM EST
[ Parent ]

Re: On the rules (none / 0)

I would say your analogy falls a little short, at least on Florida.

The Florida legislature (both houses) and the Governorship are in the control of the Republicans. The moving of the primary date to its early position was the result of Republicans putting it in as an amendment to popular legislation on voting reform to create a paper trail for elections.  
It was a political no-win for the Florida Democrats.  If they opposed the legislation, it would still pass with a party-line vote and provide ripe political fodder against them in their next election.

Michigan, on the other hand, moved up their primary after Florida had already been admonished by the DNC.  I'm unclear whether it was the Michigan Party or the legislature that moved the date, but the Democrats are in control of at least the Michigan House of Representatives, so, either way, the moving of their primary can clearly be seen as a more egregious violation of DNC rulings.

The final decision will lie with the Credential Committee, but the tendency to lump both FL and MI together, I think, misses the huge differences in the situations.  

Personally, I'd say the DNC was right in initially chastising FL, if only to serve as a disincentive for other states to try and move up their primaries.  However, considering the circumstances, their delegation should be recognized as decided by the primary.  MI, on the other hand, I think should be possibly allowed to attend the convention, but not stand to vote until a candidate is definitively decided upon.

Then the DNC can spend the next 4 years(or hopefully 8, assuming we have an incumbent to defend in 2012) figuring out a better way to handle these primaries and to get rid of these ridiculous, antiquated caucuses.


by JLEcru on Mon Mar 24, 2008 at 08:23:15 PM EST
[ Parent ]

Re: On the rules (none / 0)

Why do we have such silly rules?  Did anyone expect that the DNC rules would control what state assemblies choose to do?  

Why do we have the silly rule that NH and Iowa must go first?  Did we all decide that?  If so, why?  Couldn't it be argued that other states, like Florida and Michigan, are more important than Iowan and New Hampshire?  Who would we rather alienate?  New Hampshire or Florida?  

Our rules are just silly.  They make no sense.  We'll be fighting about this foolishness from now until August, if not November.  It's just not helpful to our chances of winning in November.  When will we learn to keep our eyes on the prize and not these silly rules?!  


by SueBee on Mon Mar 24, 2008 at 10:34:49 PM EST
[ Parent ]

Re: On the rules (none / 0)

A FL Dem co-sponsored the bill to move up the primary date.  The FL Dems were willing accomplices to this debacle.

FL votes should not count unless a re-vote can be done and the re-vote is done fairly and credibily.


by Terry from Killingly CT on Tue Mar 25, 2008 at 10:01:57 AM EST
[ Parent ]

Re: On the rules (none / 0)

Re, breaking the rules and receiving zeros.

The Clinton camp should have immediatly insisted that Obama forfeit the Florida delegates when ran TV ads in Florida. He broke the rules, and his pledge.


by jrole on Mon Mar 24, 2008 at 08:53:53 PM EST
[ Parent ]

Re: On the rules (none / 0)

Yes indeed. And his illegal   press  conference  after the  fund  raiser,   during  which  he  told  Floridian   voters  that  he  would  support  their  reinstatement  at  the  convention,   was  also  against  the  rules.  

And   yet  now,   he  refuses  to  help  those  same  Floridian  voters  he  told  that  he  supported  them.    

If  Obama  gets  the nomination  by manipulating  these  rules,  he  won't  win   Florida  or  Michigan.  

And  without  those  2  states,  he  can't  win  for  our party  in November.  

The  RULES    say   superdelegates  get  to consider  all  of those   issues,  and   as  Tom Daschle  said,   "I'm  a  superdelegate.  I can  do  whatever  I  want. "    


by auntmo on Mon Mar 24, 2008 at 09:12:53 PM EST
[ Parent ]

You're clairvoyant... (none / 0)

what other states won't Obama win?


by Erik on Tue Mar 25, 2008 at 02:05:29 PM EST
[ Parent ]

Re: On the rules (none / 0)

Gee, that's witty.  Too bad the Clinton Campaign doesn't have some sort of a "Reality Threshold" huh...


by Rockville Liberal on Mon Mar 24, 2008 at 07:57:25 PM EST
[ Parent ]

Re: On the rules (none / 0)

Sure, MI/FL may end up in the rules committee. The point is that you are complaining about Obama adherents trying to change the rules (by spinning the superdelegate issue to try exert pressure to have them simply ratify the primary/caucus results) but ignore the more egregious Clinton attempt to seat the results of the MI/FL primaries. This is not an Obama-style attempt to persuade superdelegates to vote their way - which is perfectly within the rules - but an actual attempt to override the rules (about when to hold those primaries.)

Your partisan slip is showing.


by KitBinns on Tue Mar 25, 2008 at 10:10:09 AM EST
[ Parent ]

Re: On the rules (2.00 / 2)

They sure did, and what happened when their punishment was meted out?  Bloodcurdling screams all around about their disenfranchisement.

I agree with the diarist.  Everyone agreed to the rules beforehand, so they should apply, no matter who it helps.  If in hindsight we have decided we don't like the rules, then change them for next time, but it's too late to do it now...


No politician ever lost an election because he underestimated the intelligence of the American public. - PT Barnum, paraphrased...
by jarhead5536 on Mon Mar 24, 2008 at 06:45:47 PM EST
[ Parent ]

According to the DNC Rules (none / 0)

The list of delegates who are being sent to the Convention by the state parties is officially known as the "Temporary Roll," and the final decision as to which delegations will be seated will be determined by a floor vote at the Convention.  So, even not taking into account the fact that there is still time for FL & MI to schedule re-votes, it's definitely not "too late" to do anything.


by Trickster on Mon Mar 24, 2008 at 07:05:57 PM EST
[ Parent ]

Re: On the rules (none / 0)

The  actual  RULES  do not  allow  for  denying 100%  of  the  delegates;   they  only  allow  for  denying   50%.  

Donna  Brazille, however, pushed  through   100%   instead,   which  was   BREAKING  THE  RULES.  

And  we  ALL know  who  she's  supporting.  


by auntmo on Mon Mar 24, 2008 at 09:16:30 PM EST
[ Parent ]

Re: On the rules (none / 0)

Pushing for the maximum penalty rather than the mandated one is hardly BREAKING THE RULES.  Claims to the contrary are misleading and disingenuous.  

Besides, since we ALL know who you're supporting, everything you say can be disregarded, per your own logic.


by semiquaver on Mon Mar 24, 2008 at 09:43:43 PM EST
[ Parent ]

Re: On the rules (none / 0)

The rules say no such thing. They say if you hold a primary before Feb 5, only half the delegates will be counted.


by Nobama on Tue Mar 25, 2008 at 12:00:55 AM EST
[ Parent ]

if the superdelegates side with the minority... (2.00 / 1)

...then please excuse me if I stay home in November


by shlenny on Mon Mar 24, 2008 at 06:40:38 PM EST

Your grandkids will suffer for that. (2.00 / 1)

Supreme Court, Supreme Court, Supreme Court.  Any time you start entertaining such foolishness as boycotting the election, repeat the above mantra until you come to your senses...


No politician ever lost an election because he underestimated the intelligence of the American public. - PT Barnum, paraphrased...
by jarhead5536 on Mon Mar 24, 2008 at 06:49:57 PM EST
[ Parent ]

Re: Your grandkids will suffer for that. (none / 0)

Not a good enough argument to vote for BO.  Just got to keep our majority in the Senate (maybe increase) so no whack-a-doodles can get through.


by cmugirl90 on Mon Mar 24, 2008 at 06:55:50 PM EST
[ Parent ]

Re: Your grandkids will suffer for that. (2.00 / 1)

Justices Scalia and Thomas are evidence that a democratic controlled Senate will not stop that form happening.  


by mefck on Mon Mar 24, 2008 at 07:02:31 PM EST
[ Parent ]

so you will be ok (none / 0)

if BO supporters say the same about Hillary?
And won't vote for her?
-- be excellent to each other
by kindthoughts on Mon Mar 24, 2008 at 07:08:28 PM EST
[ Parent ]

what you got against Obama? (none / 0)

What's your beef with Obama?

And did you have a problem with him before he ran for POTUS?


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Mar 24, 2008 at 07:12:30 PM EST
[ Parent ]

Re: what you got against Obama? (none / 0)

Of course not.  He never did anything before he ran for President.  He has no record of anything.  He never brought anyone together to solve any problem.  He never ran a state or even a business.  We know nothing about him, other than he appears to be extremely liberal.  


by SueBee on Mon Mar 24, 2008 at 10:56:54 PM EST
[ Parent ]

Re: what you got against Obama? (none / 0)

He obviously has a record. He has built coalitions to pass legislation.

These wildly inaccurate allegations against Obama make me think that opposition to Obama is overwhelmingly an emotional response to the situation.


Rrrinnggg... Time to change the government.
by Carl Nyberg on Tue Mar 25, 2008 at 11:00:55 AM EST
[ Parent ]

Re: if the superdelegates side with the minority.. (none / 0)

Stay home if you want, just stop your bloody crying.

I'm getting a headache.


Until recently I was selling drugs, and now I'm selling Obama T-shirts.
by switching sides on Tue Mar 25, 2008 at 05:01:43 AM EST
[ Parent ]

Re: On the rules (none / 0)

Good post, Jerome.

BTD is being intellectually honest, as are you.

For some reason, intellecual honesty seems rare lately in parts of the so-called "progressive blogoshpere."

As one who has no preference, it is easy to see through the fig leafs of the various supporters' arguments.

Obama supporter arguments often are "whatever way Obama can win," but they are hidden in supposed rules of general application.

Clinton supporter arguments often are "whatever way Clinton can win," but they are hidden in supposed rules of general application.

Meanwhile the war between two centrist candidates continues, and and the left is left out of the Democratic Party once again, except when they come calling for our votes.

And with McCain running whichever half of HillObama prevails will get our votes, but it does not mean we have to like it.
 


by TomP on Mon Mar 24, 2008 at 06:41:06 PM EST

Re: On the rules (2.00 / 1)

"Meanwhile the war between two centrist candidates continues, and and the left is left out of the Democratic Party once again, except when they come calling for our votes."

Both candidates may be a bit too centrist for your (or my tastes) but they are more progressive than any of our recent nominees in past GE's were at the time they were running.  I will be happy to see either instead of McCain.


by DreamsOfABlueNation on Mon Mar 24, 2008 at 08:39:43 PM EST
[ Parent ]

Re: On the rules (none / 0)

screw those centrist assholes!  My platform calls for single-payer insurance for pets, banning fire and other carbon sources, the shuttering of wal-mart, and  also compulsory sterilization of republicans.


by semiquaver on Mon Mar 24, 2008 at 09:49:09 PM EST
[ Parent ]

Finally, a reality check in the blogosphere! (none / 0)

I've been waiting for a story/diary just like this for weeks!

(I had to get my head out of Markos'...blog to find it.)

Hal-le-freakin'-leu-jah!

The most sane, realistic overview of this process I've read in a long, long time...as hard is it might be for certain followers of one camp (or the other) to swallow.

Bigtime kudos to Jerome & Co.!


by bobswern on Mon Mar 24, 2008 at 10:54:32 PM EST
[ Parent ]

Re: On the rules (2.00 / 2)

The rules say Michigan and Florida don't count.

All candidates agreed on those rules.

Now when Hillary is losing, she demands the rules be changed.

Please spare us from pretending that she just wants to change the rules to help the party.

Lets quit denying what she is doing.


by Mojo Risen on Mon Mar 24, 2008 at 06:42:08 PM EST

Re: On the rules (none / 0)

All candidates agreed on those rules.

100% false.


by Trickster on Mon Mar 24, 2008 at 06:45:25 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

Are you saying the Obama and Clinton campaigns did not agree to the rules that Mich and Fla would not count?

News to me.


by Mojo Risen on Mon Mar 24, 2008 at 06:50:33 PM EST
[ Parent ]

Yes I am (none / 0)

And I know what I'm talking about, too.  If I could prove a negative, I would, but I can't, so the ball is in your court to produce a cite saying that Clinton--hell, I'll take either candidate--ever agreed that the MI & FL delegations would not be seated.

Save yourself some googling time.  It never happened.


by Trickster on Mon Mar 24, 2008 at 07:08:04 PM EST
[ Parent ]

Re: Yes I am (2.00 / 2)

So the quote of Hilliary saying that: "It's clear. This election they're having is not going to count for anything."  didn't actually happen?

Try the audio: http://www.jabberwonk.com/flinker.cfm?cl iid=zydzt


by SKI on Mon Mar 24, 2008 at 07:15:17 PM EST
[ Parent ]

Re: Yes I am (none / 0)

And if Hillary were leading in pledged delegates, she would be pushing just as hard for FL and MI to be seated.  Maybe James Carville would be leading the way.


by PatriotAct1984 on Mon Mar 24, 2008 at 07:28:30 PM EST
[ Parent ]

That's not an agreement (none / 0)

It's just a statement of fact.  One person unilaterally making a statement doth not an agreement make.  Contracts 101.


by Trickster on Mon Mar 24, 2008 at 07:29:53 PM EST
[ Parent ]

Re: That's not an agreement (2.00 / 0)

Actually, with detrimental reliance (all the voters who believed her and stayed home), it is an binding agreement.  

I guess you stopped coming in after the first class...


by SKI on Mon Mar 24, 2008 at 07:37:34 PM EST
[ Parent ]

Heh heh (none / 0)

Nope.  For detrimental reliance you must have a clear and unambiguous promise, and whatever you call that statement it is not a clear and unambiguous promise.

You also have to have reasonable reliance, and it's not reasonable to rely on a single off-the-cuff statement on a radio program made by a person without the legal power to affect the outcome of the vote as an assurance that your vote won't count.

Nice try, though.  What are you, a 2nd-year?  :)


by Trickster on Mon Mar 24, 2008 at 07:50:58 PM EST
[ Parent ]

Re: Heh heh (none / 0)

No, I'm about 8 years out and in-house now in an area I'd NEVER see detrimental reliance. :)

My basic point remains:

  • Trying to argue that she did not state that Michigan wouldn't count is simply false.
  • Trying to argue that despite that statement, she never "promised" or "pledged" is pathetic.


by SKI on Mon Mar 24, 2008 at 07:56:25 PM EST
[ Parent ]

Re: Heh heh (none / 0)

Ugh, just realized I'm actually 11 years out - I'm getting old. :(


by SKI on Mon Mar 24, 2008 at 07:57:04 PM EST
[ Parent ]

Come now (none / 0)

There are no words indicating any intent whatsoever in that quote, no "promise," "pledge," "covenant," "intend," "desire," "wish," "want," "agree," nothing like that.  To the contrary, the words "it's clear" are a positive indicator that she was stating a fact instead of an intent, because clarity pertains to perception.  

Further, it was an off-the-cuff statement during a radio interview, the kind of statement where some leeway as to wording is generally allowed.  (Obama's "typical white person" statement last week was exactly the same thing, an off-the-cuff statement during a radio interview.  Leeway?  Good thing or bad?)


by Trickster on Mon Mar 24, 2008 at 08:13:44 PM EST
[ Parent ]

Re: Come now (none / 0)

You guys really have been out of law school a while.  A promise doesn't need any "words of intent".  In fact it doesn't need any words at all.  It is just a manifestation of a willingness to enter an agreement so given as to justify a reasonable person in believing that a commitment has been made.

Let me say upfront that I don't think that whether Hillary's actions and words can be construed as sufficient for a legal contract should be the appropriate touchstone for whether the rules should be binding.  Lets remember, the candidates don't make the rules, the party does.  That said, however, I'll play along and suggest my argument as to why I believe that Hillary's actions and words constitute a "promise" sufficient to form a contract. (Non-lawyers may skip the rest of this section if I'm putting you to sleep).

A promise may be be inferred from a course of conduct that indicates to the other party the manner in which the promisor agrees to act in the future.  Hillary's pledge not to compete in the primaries, her fulfillment of that pledge, the actions of her agent (Ickes) in effectuating the DNC penalty, and her statements that the primary "Would not count" represent a course of conduct consistent with a promise that she would abide by the DNC penalty.  A reasonable person observing these manifestations (before Hillary's reversal) would conclude that a commitment had been made.  In relying on these manifestations in ordering their own conduct (i.e deciding not to vote, to vote in a different primary, or to vote for a different candidate than they would have if they believed the votes would count) the voters entered into a contract by estoppel with the Clinton campaign to abide by the DNC rules.


by DreamsOfABlueNation on Mon Mar 24, 2008 at 09:01:11 PM EST
[ Parent ]

Mighty, mighty thin course of conduct (none / 0)

First of all, her performance under a separate contract, "the pledge," is not evidence at all of a course of conduct related to a second contract.  In fact, the existence of the pledge contract is evidence that any action she took that was required by that contract is NOT a course of conduct that would validate the existence of another contract to another effect.  How on earth could contractually-required conduct be used as evidence of intent of something outside the contract that requires the conduct?

Second, Ickes was not acting as her agent when he worked with the DNC.  Not even close.  (Even if he was, all he did at the DNC was change the rules about who would appear on the "Temporary Roll"--the final composition of the Convention delegations were always to be determined at the Convention, as they always were.)

Third, a single statement--which is all you're left with, by the way--is in no shape, manner or form a "course of conduct."

Fourth, try selling a course of conduct argument to a court based on any contract involving an individual and her actions over a short period of time.  Especially when no statement of promise was ever made.  Course of conduct is pretty much exclusively for long-term relationships, usually buyer-seller relationships.

I was joking with the first poster, who I actually took to be an attorney all along, but I'm guessing that you really ARE still in law school.


by Trickster on Mon Mar 24, 2008 at 10:10:43 PM EST
[ Parent ]

Re: That's not an agreement (none / 0)

Since both FL and Michigan had record breaking primary turnout you will need better evidence.


by souvarine on Mon Mar 24, 2008 at 07:53:37 PM EST
[ Parent ]

Re: That's not an agreement (none / 0)

http://www.dcourage.com/Nini%20-%20Probl em%20with%20Existing%20FL%20and%20MI%20P rimaries.pdf

Among the proposed alternatives for seating the delegates from Florida and Michigan is to use the results of the primaries that already happened, based on the argument that doing so would avoid disenfranchising the 1.7 million Floridians and 600,000 Michiganders who already voted. However, doing so would disenfranchise many people from Florida and Michigan who did not vote in the earlier primaries because they did not expect their delegates would be seated at the convention. Based on a statistical comparison with turnout in other states' primaries, it appears that roughly two million more people would have voted in Florida and Michigan had they expected their delegates to be seated.

Although the Democratic turnout rate was impressive in Florida and Michigan, it was not nearly as high as it has been in other primaries so far. Of the first 37 states that have held either a primary or caucus for both Republicans and Democrats, only six states have had a larger turnout for Republicans than for Democrats: Florida and Michigan, plus heavily Republican Alaska, Alabama, and Utah, as well as Arizona, where many voters turned out to support home state favorite John McCain. In many other states, Democratic voters outnumbered Republican voters by at least 3 to 2. Simply stated, in states where Democratic voters expected their delegates to count and the candidates spent time and money campaigning, Democratic turnout has vastly exceeded Republican turnout. The fact that Republicans outnumbered Democrats in Florida and Michigan suggests that many would-be Democratic voters in those states chose not to vote at a much higher rate than in other states.


by SKI on Mon Mar 24, 2008 at 08:03:16 PM EST
[ Parent ]

Re: That's not an agreement (none / 0)

The claim from dcourage.com was debunked here when it came out, but it's fundamental problem is its attempt to compare Democrat to Republican turnout across states, rather than compare historical turnout within a state. It also ignored the property tax referendum in Florida, which suggests that the study is intentionally misleading.


by souvarine on Mon Mar 24, 2008 at 08:32:52 PM EST
[ Parent ]

Seriously? (none / 0)

HRC may not agree to the DNC rule that the MI and FL delegates would not be seated, but she darn well knew before hand that they would not be seated, and she also signed a pledge promising to not campaign in the two states, and she did not make a fuss about the issue BEFORE these primaries.  

So, maybe she didn't write/create/enforce/agree with the DNC rule, but that doesn't mean she doesn't have to abide by it.  This makes her attempts at seating these delegates based on the early primaries disingenious at best.

My problem with this article is this
"In essence, what some Obama supporters are arguing for is CHANGING the rules so that the pledged delegate leader is the nominee."

No, in essence Obama supporters are pointing out/making a prediction that were the Supers to go against public desire, a great injustice would be dealt.  No one is changing any rules, as if Obama supporter, Kos, HuffPo, or anyone else has the power to do that.


by KLRinLA on Mon Mar 24, 2008 at 08:55:29 PM EST
[ Parent ]

Re: On the rules (none / 0)

This what they pledged...

Four State Pledge Letter 2008

Iowa, New Hampshire, Nevada, South Carolina

August 31, 2007

WHEREAS,  Over a year ago, the Democratic National Committee established a 2008 nominating calendar;

WHEREAS, this calendar honors the racial, ethnic, economic and geographic diversity of our party and our country;

WHEREAS, the DNC also honored the traditional role of retail politics early in the nominating process, to insure that money alone will not determine our presidential nominee;

WHEREAS, it is the desire of Presidential campaigns, the DNC, the states and the American people to bring finality, predictability and common sense to the nominating calendar.

THEREFORE, I _____, Democratic Candidate for President, pledge I shall not campaign or participate in any state which schedules a presidential election primary or caucus  before Feb. 5, 2008, except for the states of Iowa, Nevada, New Hampshire and South Carolina, as "campaigning" is defined by rules and regulations of the DNC.

Where does it say anything about delegates not counting?


by JimR on Mon Mar 24, 2008 at 08:32:51 PM EST
[ Parent ]

Re: On the rules (none / 0)

It  doesn't.  

And  that's  the problem with   DKos  and  TPM  (Markos  and  Josh):  they  never  really   publish  the  actual  rules  for  their  easily  led  and  gullible  followers.    

Markos  and  Josh   publish   OPINIONS,   not  facts.    

Their  readers  have  been   HOODWINKED.  


by auntmo on Mon Mar 24, 2008 at 09:23:44 PM EST
[ Parent ]

Re: On the rules (2.00 / 2)

Actually, the rules state that states that violated the primary dates set by the DNC should lose half of their elected delegates and all of their super delegates.
The "rules" were also not applied fairly, as New Hampshire also moved their primary up and lost no delegates.
The rules also state that a revote is legal and that if the DNC decides to reinstate the delegates, that is also legal.
So no, Hillary is not trying to change the rules.
"Who are you for? That is the wrong question. It should be who is for you?" HRC
by skohayes on Mon Mar 24, 2008 at 06:52:29 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

New Hampshire was allowed to move up its primary ahead of Michigan by the DNC.


John McCain believes "Women shouldn't have a choice."
by jturn17 on Mon Mar 24, 2008 at 06:54:36 PM EST
[ Parent ]

Re: On the rules (2.00 / 2)

That's not accurate.

The rules that Obama and Clinton agreed upon were that the votes in the Mich and Fla primaries would not count. (unless someone has any evidence otherwise and no one seems to)

Now she is losing and Hillary wants to change rules that were previously agreed upon.

You Clinton supporters are squirming around the facts and it is really unbecoming.  


by Mojo Risen on Mon Mar 24, 2008 at 06:56:02 PM EST
[ Parent ]

Re: On the rules (none / 0)

She won't succeed in a rule change (nor should she, I think), but don't blame her for trying.  Obama would be doing the same thing in her place...


No politician ever lost an election because he underestimated the intelligence of the American public. - PT Barnum, paraphrased...
by jarhead5536 on Mon Mar 24, 2008 at 07:01:36 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

Would Obama be doing the same thing? I don't think that is a given or is a justification for what Hillary is doing.

I know if Obama did try that, he would be laughed out of the campaign and scorned by everyone. His supporters would be embarrassed.


by Mojo Risen on Mon Mar 24, 2008 at 07:05:57 PM EST
[ Parent ]

Re: On the rules (none / 0)

No, I agree.  There is a good chance Obama would be doing the same thing in seeking to effectuate a rules change if he were in Hillary's position.  And I'm an Obama supporter.  Its just good politics.  Will you agree that Hillary would act in much the same way as Obama is with respect to the FL/MI delegates if she were in HIS position?


by DreamsOfABlueNation on Mon Mar 24, 2008 at 08:46:12 PM EST
[ Parent ]

Re: On the rules (none / 0)

i don't think so.
!
by alex100 on Mon Mar 24, 2008 at 08:50:57 PM EST
[ Parent ]

Really (none / 0)

Get some clue of what you're talking about before you start blaming the people who are factually correct of "squirming around."  The pledge was not to campaign in those states.  NO candidate EVER pledged that those states' votes wouldn't count.


by Trickster on Mon Mar 24, 2008 at 07:09:56 PM EST
[ Parent ]

Re: Really (2.00 / 0)

Squirming is the correct word for what you are doing.

Hillary, Oct 11, 2007, on Michigan: "It's clear: This election they're having is not going to count for anything"
http://www.youtube.com/watch?v=ULxxBz-PA jg

If you want to say that she did not agree that Mich wouldn't count, you are squirming. You are pretending.

I haven't googled for a Fla statement yet. Maybe there isn't one as clear cut, but you know as well as I that they agreed to follow the DNC rules and the DNC rules are that the primary in Fla does not count.

This is a sad debate.


by Mojo Risen on Mon Mar 24, 2008 at 07:19:41 PM EST
[ Parent ]

That's not a pledge (none / 0)

n/t


by Trickster on Mon Mar 24, 2008 at 07:27:43 PM EST
[ Parent ]

but she did say it (none / 0)

or what she says counts for nothing now?


-- be excellent to each other
by kindthoughts on Mon Mar 24, 2008 at 08:02:04 PM EST
[ Parent ]

That's a different question (none / 0)

I'm discussing whether Mojo Risen's repeated statements in this post that Clinton has "promised," "pledged," or "agreed" to exclude Florida and Michigan delegates are accurate.  They are not.


by Trickster on Mon Mar 24, 2008 at 08:15:32 PM EST
[ Parent ]

no offense (none / 0)

but you are definitely parsing.


-- be excellent to each other
by kindthoughts on Mon Mar 24, 2008 at 08:22:18 PM EST
[ Parent ]

Words have meaning (none / 0)

You can call it parsing if you want to, but Clinton never pledged, agreed, or promised that Michigan's vote wouldn't count.  Frankly, it's insane to think she would have.  The polls had her way ahead in MI at the time.  With all its union voters, it's a natural Clinton constituency.

I'm not sure why she said what she said, and it was probably a mistake for her to say anything like that at all.  But to take one statement of fact in a format where she had to give unprepared answers and construe that into saying that she "pledged" that Michigan's delegates would never be seated is just way way way over the top.


by Trickster on Mon Mar 24, 2008 at 08:40:23 PM EST
[ Parent ]

why would (none / 0)

she think it counts if it was stripped of delegates?


-- be excellent to each other
by kindthoughts on Mon Mar 24, 2008 at 09:03:14 PM EST
[ Parent ]

Once again (none / 0)

That's not the question here.  I'm not saying you don't raise a valid question, because you do, but I just want to stick to the point I'm making.  I don't want to get distraced because I've seen this "Clinton pledged x" idea all over the blogosphere and I think it's important to show that she never did.


by Trickster on Mon Mar 24, 2008 at 09:53:04 PM EST
[ Parent ]

Re: no offense (none / 0)

No  he's  not.   He   GAVE  the  actual   written  rules  that  all candidates   agreed  to  in  signing  the  form.  

YOU   are  parsing  and  playing  word  games  that    don't  match  the  reality  of  the  rules.  

YOU  are  changing  the rules  by  not  knowing   what  the  actual  rules  were  to  begin with.


by auntmo on Mon Mar 24, 2008 at 09:30:23 PM EST
[ Parent ]

Re: no offense (none / 0)

Sorry,   alex.  

We  simply  can't   support  Obama.   We  saw  no tears  from  him    after  Katrina.    

Now......WHO  played  the  race-baiting?    


by auntmo on Mon Mar 24, 2008 at 09:35:42 PM EST
[ Parent ]

Re: Really (2.00 / 1)

"You know, it's clear this election they're (Michigan) having is not going to count for anything." Hillary Clinton, October 11, 2007 on New Hampshire Public Radio


by Benstrader on Mon Mar 24, 2008 at 07:20:44 PM EST
[ Parent ]

Re: Really (none / 0)

That's not saying she AGREED with those rules.  She's saying that is what the party says about the Michigan vote.  


by SueBee on Mon Mar 24, 2008 at 10:40:34 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

The Obama campaign's unwavering line has been that they would follow whatever the DNC decides to do.  They have not violated the rules or argued for a change of rules.

Also, all posters should go and read Markos' most recent comment regarding the delegates before passing judgments or making uninformed posts!


by cwsaterfield on Mon Mar 24, 2008 at 07:03:50 PM EST
[ Parent ]

Re: On the rules (none / 0)

Yes.  A  revote  is  legal.  

In fact,  the  DNC  had  already  APPROVED  revotes  in   Michigan  and  Florida.  

It  was  only   Obama's  campaign  that objected.  

He  broke his promise  to   abide  by  whatever  the  DNC  decided.  

And  we  all know  why.


by auntmo on Mon Mar 24, 2008 at 09:25:58 PM EST
[ Parent ]

Re: On the rules (none / 0)

The rules say the Super Delegates can vote for whomever they wish.

All candidates agreed on those rules.

Now when Obama is could possible lose, he demands the rules be changed.

Please spare us from pretending that he just wants to change the rules to help the party.

Lets quit denying what he is doing.


Until recently I was selling drugs, and now I'm selling Obama T-shirts.
by switching sides on Tue Mar 25, 2008 at 05:14:11 AM EST
[ Parent ]

You miss the point (2.00 / 2)

Jerome, as seems usual these days...

I don't think anyone on 'Team Obama' (however you want to define that) is arguing that SuperD's vote per whatever at bayonet point.

They're making the SAME ARGUMENT Clinton is trying to make.

Just as Team Clinton is arguing to SuperDelegates to vote X way because of Y, Team Obama is doing the same thing.

I have yet to hear ANYONE on the 'Obama side' of things arguing for any sort of rules change or otherwise remove free will from the SuperDelegates.

The Obama argument is simply that SuperD's should endorse the will of the people.

The fact that Clinton still holds a (shrinking) lead in SuperDelegates should clearly illustrate this....  No one is arguing for removing the ~260 SuperDelegates supporting Clinton from the rolls... No one is arguing that they should expelled from the party, arrested, or anything else.


by zonk on Mon Mar 24, 2008 at 06:42:51 PM EST

Re: You miss the point (2.00 / 0)

It's the perception. The Obama media, his followers and supporters have all made it clear. If our method of allocating the remainder of the super delegates is not followed then this is not legitimate and they will not support Hillary. That is how they have positioned this. THAT is the difference.


by Wiseprince on Mon Mar 24, 2008 at 07:02:56 PM EST
[ Parent ]

Re: You miss the point (2.00 / 1)

First of all, they've done no such thing....

But - just for the sake of this little exercise - let's stipulate that they have... just for this post.

The campaign that argues against overturning the will of the people is somehow worse than the one that actually DOES overturn it?

I mean... geez... the contortionism is astounding.

I thought Obama supporters were all 'party activists' - isn't that why he won all the caucuses?

...now back to reality.

There is NO METHOD for allocating the remainder of the SuperDelegates.  They simply vote as they vote.  As the rules say they can vote.

Team Obama is making the argument that they shouldn't overturn the will of the people - SuperDelegates are free to either heed that argument or ignore it.


by zonk on Mon Mar 24, 2008 at 07:11:41 PM EST
[ Parent ]

Re: You miss the point (none / 0)

If they "overturn the will of the people" is Obama going to tell all his supporters that it was legitimate and campaign for her. The impression that I have gotten over the course of the last several months is that he would not and his supporters would stay home. Obama's media has also been parroting this talking point.

I wonder what the Obama supporters would do if Hillary, like Joe L. left the impression that if she lost the Primary she would run as an independent. Do you think the super delegates would take that as a threat?


by Wiseprince on Mon Mar 24, 2008 at 07:18:28 PM EST
[ Parent ]

Re: You miss the point (2.00 / 1)

If ifs and buts were candy and nuts...

The fact is - it's NOT going to turn out that way.  For Clinton to take a pledged delegate lead is impossible at this point - at least, impossible without a live boy/dead girl story about Obama.

Beyond that, I'm no longer in the business of arguing made up strawmen.   If you have an actual quote from Obama - kindly provide it and the citation that proves it.

I'm not going to argue with some vague "well, Obama said X" statement.  Provide the unclipped quote and a citation to it, and then we'll talk.


by zonk on Mon Mar 24, 2008 at 07:29:49 PM EST
[ Parent ]

Re: You miss the point (none / 0)

Will Obama go to the convention with a majority of the pledged delegates? No he won't. Neither will Clinton. It then becomes the responsibility of the super delegates to vote for the candidate of THEIR CHOICE. Not your choice, theirs. As far as "Obama said X" goes, I'm not going to take the time to look it up either, but I can tell you that I HAVE heard some not-so-veiled threats from Obama, and some outright ones from some of his supporters.
No way. No how. No McCain. . . . . . If you can ship a job to Bangalore India, you can ship a job to Flint Michigan.
by NJ Liberal on Mon Mar 24, 2008 at 08:05:35 PM EST
[ Parent ]

Re: You miss the point (1.00 / 0)

McCain/Clinton 2008!!!


by PatriotAct1984 on Mon Mar 24, 2008 at 07:31:20 PM EST
[ Parent ]

Re: You miss the point (none / 0)

actually, mcCain/Clinton makes too much sense.

you have one candidate with a whisper of a chance to win the nomination. That candidate's team has been race baiting, using religion in a negative sense, photoshopping Obama darker then he really is while praising McCain's experience.

wow. it's not gonna happen but would I be surprised? not at all.


!
by alex100 on Mon Mar 24, 2008 at 08:56:05 PM EST
[ Parent ]

So where did Obama say that? (2.00 / 1)

I have never seen Obama quoted as saying that we should change the rules.  He's offered a suggestion, but he knows that he doesn't make the rules.

So... [citation needed]


You can't stop the signal.

President "That One"

by Dracomicron on Mon Mar 24, 2008 at 06:44:10 PM EST

Re: So where did Obama say that? (2.00 / 1)

He didn't.

Apparently there are light pickings from NewsMax, FoxNews, Bill Kristol, Debbie Schlussel, or other right wing sites --- so today, we get stuck with more benign GOP electoral experts.

Take heart... tomorrow, I'm sure Sean Hannity will break some new big piece of news on Obama, so we can return to arguing over the wisdom of more recognizable wingnut operatives.


by zonk on Mon Mar 24, 2008 at 06:54:54 PM EST
[ Parent ]

Oh, alright. (none / 0)

For a second I thought i was going crazy, but it sounds like we're on track.


You can't stop the signal.

President "That One"

by Dracomicron on Mon Mar 24, 2008 at 09:22:15 PM EST
[ Parent ]

Re: On the rules (2.00 / 2)

More on the point of this article, I do not think anyone believes that the superdelegates don't have the right to change the overall delegate lead by coming out for Hillary.  The argument lies as to whether they should.

Speaking of rules though, like my comment above, the rules also say that the caucuses count (no matter the criticisms of them being undemocratic) and delegates are awarded pursuant to state-driven formulas (and are not necessarily representative when taken as a whole-much like the electoral college).

Just because we don't like all facets of the process doesn't mean we can try and advocate living without some, while embracing the others.

Of course, I agree Hillary would have the legal authority to the nomination if she is behind in pledged delegates, but wins enough super-delegates  to overcome that deficit.  The only issue is if that is the right thing to do and most importantly:

What would be the cost to the democratic party?  That is the question that worries me the most.


by mefck on Mon Mar 24, 2008 at 06:44:30 PM EST

Re: On the rules (2.00 / 1)

If Kennedy, Kerry,, and Richardson and others can go against the winner of their states, I don't know why there should be a question about why any of the delegates that go to Clinton shouldn't.  That doesn't make sense, and what is good for Obama Superdelegates should be good go Clinton's.


by Scotch on Mon Mar 24, 2008 at 06:47:51 PM EST
[ Parent ]

Re: On the rules (2.00 / 2)

You are aware that, if we did it this way, Obama would now LEAD Clinton in SuperDelegates, too, right?

You'd pick up some big names - but Obama's delegate haul would be MUCH larger... it would just come from more city council members, mayors, and congresspeople that don't have the visibility of Kennedy, Kerry, and Richardson.

It's little surprise that Clinton is having such trouble with the delegate math.

Her supporters seem incapable of doing simple addition.


by zonk on Mon Mar 24, 2008 at 06:52:09 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

My favorite argument for whenever someone tries to say that Kennedy and the rest are not following the will of their electorate.

I would GLADLY trade Kennedy and Kerry and the like willingly for the HRC portion of ill-gotten (by that logic) Supers. It just gets Obama closer to the nomination.


Hell yeah we did.
by Darknesse on Mon Mar 24, 2008 at 06:54:49 PM EST
[ Parent ]

Re: On the rules (none / 0)

That's a pretty weak argument, though. What you're suggesting is that the super delegates should only follow the popular vote, and THAT IS NOT WHAT THEY ARE SUPPOSED TO DO.

The purpose of all this is to select a candidate to run in the general election. If the supers think that Obama is the right man for the job, then they should select him. If they think the nomination should go to Clinton, then so be it.

If you don't like that, then get yourself on the DNC and change the rules.

By the way, when I last checked the math, I didn't see Obama entering the convention with enough delegates to secure the nomination. This WILL be decided by the supers.


No way. No how. No McCain. . . . . . If you can ship a job to Bangalore India, you can ship a job to Flint Michigan.
by NJ Liberal on Mon Mar 24, 2008 at 08:14:13 PM EST
[ Parent ]

Relax (none / 0)

We're not really saying that it should be like that; we're just saying that Obama said that, by his estimation, it would -probably- be good if the supers didn't flout the will of the people.

It's an opinion, and no different than saying that the supers should back the person who has won the states in the primary with the most electoral votes.

Just some fun everyone seems to be having.  


You can't stop the signal.

President "That One"

by Dracomicron on Mon Mar 24, 2008 at 09:28:58 PM EST
[ Parent ]

Re: On the rules (none / 0)

Actually, I know there's a breakdown somewhere (can't find it - if someone can help me out, that would be great) that shows if Supers voted with their states / districts, it would be over and HRC would be the nominee.


by cmugirl90 on Mon Mar 24, 2008 at 06:58:23 PM EST
[ Parent ]

Re: On the rules (2.00 / 0)

Good luck finding that.

I would suggest starting at alt.reality.rec.net


by zonk on Mon Mar 24, 2008 at 07:00:39 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

Nice snark - too bad you look foolish.

From Mickey Kaus (not exactly a Clinton supporter).

As of now -

"Just asking: If the superdelegates all voted with the winner of their state, would Hillary get the nomination? I think maybe. That would be one way she might colorably claim a superdelegate decision in her favor would vindicate democracy. ... Update--Just answering: Ann Hulbert, enlisting Slate's Trailhead in an unprecedented team effort, says Hillary gets a superdelegate lead of only 3 under this winner-take-all allocation rule--so far"

Now, she would have have to win the rest big, but she's polling big, so it might be hard, but not impossible.

I await your apology.


by cmugirl90 on Mon Mar 24, 2008 at 07:08:08 PM EST
[ Parent ]

Re: On the rules (2.00 / 0)

You won't get one because:

#1 - There is no "winner take all" rule... you can't divy by state, you have to go by district because DISTRICT not state, is the level at which delegates are awarded.  In other words - Clinton SuperDelegate Tammy Baldwin shouldn't switch to Obama because Obama won Wisconsin, Tammy Baldwin should switch to Obama because Obama won her DISTRICT.

#2 - Please post the URL - because either it's out of date - or, incorrect...  

#3 - you said, QUOTE Actually, I know there's a breakdown somewhere (can't find it - if someone can help me out, that would be great) that shows if Supers voted with their states / districts, it would be over and HRC would be the nominee.ENDQUOTE.... Clearly -- you're quite wrong.  

Hillary would be losing by MORE than she is now.

Right now, her Superdelegate lead is about +25 to +40 (depending on whose count you use).   If we use your system -- or hell... let's just use the patently silly "state winner take all" -- she goes from +25-to-+40 to +3.  

In other words, she would be FURTHER behind.

So... no, my friend -- I await YOUR apology.


by zonk on Mon Mar 24, 2008 at 07:17:50 PM EST
[ Parent ]

Re: On the rules (2.00 / 0)

well-done!

But watch your back, cause you'll be called unAmerican any second now.


by cwsaterfield on Mon Mar 24, 2008 at 07:22:59 PM EST
[ Parent ]

I did a breakdown (2.00 / 1)

http://www.mydd.com/comments/2008/3/24/1 83454/171/123#123

HRC loses HUGE


-- be excellent to each other
by kindthoughts on Mon Mar 24, 2008 at 07:50:54 PM EST
[ Parent ]

Re: I did a breakdown (2.00 / 0)

Thanks for pointing this out.

I'd love to get back to discussing the real issues - but often, it seems we first have to do away with the silly matters and outright ludicrousness.


by zonk on Mon Mar 24, 2008 at 07:59:02 PM EST
[ Parent ]

Re: On the rules (none / 0)

"So... no, my friend -- I await YOUR apology."

methinks you've been listening to too much McCain.


No way. No how. No McCain. . . . . . If you can ship a job to Bangalore India, you can ship a job to Flint Michigan.
by NJ Liberal on Mon Mar 24, 2008 at 08:18:27 PM EST
[ Parent ]

Re: On the rules (none / 0)

UNAMERICAN ^&^ #%%$ *&( #%#%% PIG!!!!!!!!!  just kidding :)


Being Normal is for the Mediocre.
by Doug Tuttle on Mon Mar 24, 2008 at 08:20:13 PM EST
[ Parent ]

Re: On the rules (none / 0)

Nonsense,  zonk.    Your  supposition is not in the  DNC  rules.  

It  doesn't  really matter,  though.  

Tom  Daschle ,  a  superdelegate  supporting  Obama  who  is  also   co-chairman  of his  campaign,   already  said   on   the  Daily  Show,  

"I'm  a   superdelegate.  I  can do  anything  I  want  to  do."  

So  be  it.  


by auntmo on Mon Mar 24, 2008 at 09:42:33 PM EST
[ Parent ]

no she loses HUGE (2.00 / 0)

if you allocate them by states.
And consider the winner or pledged delegate the winner of the state (which is according to rules)

You guys forget he won 28 states.

Obama: 353
Clinton: 275

With Breakdowns:

Obama:
SC    9
AL    8
CT    12
DE    8
GA    16
IL    32
MO    16
UT    6
LA    10
DC    23
MD    29
VA    18
WI    18
VT    8
MS    7
TX    12
HI    8
WY    6
WA    19
NE    7
MN    16
AK    5
ID    5
KS    9
ND    8
CO    16
ME    10
IA    12

Clinton:
RI    12
OH    21
TN    17
NM    12
AZ    11
CA    71
OK    9
AR    12
NY    49
MA    28
NJ    20
NH    5
NV    8


-- be excellent to each other
by kindthoughts on Mon Mar 24, 2008 at 07:48:36 PM EST
[ Parent ]

Great work... (none / 0)

...and back to a fact based reality. It's one of the reasons I come here, to see arguments made in adversity. And by god, you won this one. Big mojo all round.


Moose Juice; debate without hate
by brit on Mon Mar 24, 2008 at 08:07:10 PM EST
[ Parent ]

Re: no she loses HUGE (none / 0)

great work but Texas should go to Clinton.
!
by alex100 on Mon Mar 24, 2008 at 08:59:39 PM EST
[ Parent ]

the rules (none / 0)

state that a winner of the pledged delegates is considered to be the winner of the state.

In case of a draw of pledged delegates the popular vote is the decider.

In Texas primacaucus Obama is the winner according to Texas rules.


-- be excellent to each other
by kindthoughts on Mon Mar 24, 2008 at 09:17:13 PM EST
[ Parent ]

Re: the rules (none / 0)

interesting. Thanks!
!
by alex100 on Mon Mar 24, 2008 at 10:20:21 PM EST
[ Parent ]

Re: On the rules (none / 0)

I'm not advocating for any certain way, I'm saying that Obama will change his mind according to how he forsees an advantage.  Clinton has been for the same rules for the superdelegates from the start, and hasn't waivered, regardless of what it would mean to play it Obama's original way.  

The superdelegates were invented to keep the choice from being totally unelectable.  They were added so that if we came up with a candidate through the elections that was obviously flawed going into the GE, the superdelegates would have a chance to right the nominee. That is how i understood the reasoning.  That falls right in place with them being able to vote however they want to.  If I remember, they were invented after McGovern who went down in a landslide.


by Scotch on Mon Mar 24, 2008 at 07:14:37 PM EST
[ Parent ]

Re: On the rules (none / 0)

actual it was in 82 after the carter/kennedy debacle.  two years lter they ratified mondale, not exactly mr. electable.


Being Normal is for the Mediocre.
by Doug Tuttle on Mon Mar 24, 2008 at 08:22:36 PM EST
[ Parent ]

Re: On the rules (none / 0)

These are the Clinton superdelegates in states which Obama won:

Joe Reed, Randy Kelley, Yvonne Kennedy (AL); Patti Higgins (AK); Rep. Diane Degette, Manny Rodriguez, Ramona Martinez (CO); Ellen Cahmi (CT); Gov. Ruth Ann Minner, Rhett Ruggerio, Karen Valentine (DE); Michael Thurmond, Carol Dabbs, Lonnie Plott (GA); Sen. Daniel Inouye, Richard Port (HI); Rep. Leonard Boswell, Sandy Opstvedt, Mike Gronstal (IA); Teresa Krusor (KS); Patsy Arcenaux, Renee Gill-Pratt, Mary Lou Winters (LA); Gov. John Baldacci (ME); Sen. Barbara Mikulski, Gov. Martin O'Malley, Rep. C.A. Dutch Ruppersberger, Nancy Kopp, Glenard Middleton, Alvaro Cifuentes, Richard Michalski, Michael Steed, Maria Cordone, Carol Pensky (MD); fmr. VP Walter Mondale, Jackie Stevenson, Rick Stafford (MN); Rep. Emanuel Cleaver II, fmr. Rep. Richard Gephardt, Doug Brooks, Sandy Querry (MO); Don Fowler, Marva Smalls (SC); Karen Hale, Helen Langan (UT); Billi Gosh (VT); Terry McAuliffe, Lionel Spruill Sr., Jennifer McClellan, Mame Reiley, Susan Swecker, Barbara Easterling (VA); Sen. Maria Cantwell, Sen. Patty Murray, Rep. Jay Inslee, fmr. Speaker Tom Foley, Rep. Norm Dicks, Ron Sims (WA); and Rep. Tammy Baldwin, Tim Sullivan (WI)


by tysonpublic on Mon Mar 24, 2008 at 07:02:26 PM EST
[ Parent ]

Re: On the rules (none / 0)

Mefck
Good, informative, civil comments.
Thank you!
by cwsaterfield on Mon Mar 24, 2008 at 07:23:49 PM EST
[ Parent ]

Re: On the rules (none / 0)

Amen.

Obama supporters have tried out the rules every which way, including Obama who tried to say at the beginning the Superdelegates should stay with how their people voted, until some of them gave their support to him despite how their people voted.  And then on to the next plan.

At least it is obvious that Clinton is aiming for all the votes from Superdelegates that she can get, regardless.  She has always said from the beginning that Super Delegates are free to choose for themselves, and that has been her belileve the entire way through.

This primary is not over until all the SuperDelegates have chosen.  Obama is just so afraid that they will follow the rules that he keeps demanding that she drop out. His arrogance is too much for me, and not very subtle.


by Scotch on Mon Mar 24, 2008 at 06:44:48 PM EST

Re: On the rules (2.00 / 0)

While you can claim that it's in the rules for the SD's to do so, it doesn't mean that it wouldn't be viewed as a blow for the establishment against the common will of the people.

Perception = Reality, boys and girls. Even if it's technically not against the rules, it certainly is not democratic or Democratic to conduct our business this way.


Hell yeah we did.
by Darknesse on Mon Mar 24, 2008 at 06:52:19 PM EST
[ Parent ]

Re: On the rules (none / 0)

See, this is the difference with what Clinton is doing v. what Obama is doing. Clinton is not threatening the party by saying, "My supporters will not stand for this" but Obama has been doing that from the beginning and his Media is helping him all the way through it. I just saw a "its the math" piece on CNN.

Hillary Clinton should really start playing hardball and begin using the same sort of party splitting threats. I am sure her support in the general if she splits from the party will be broader than Obama's. (See Lieberman)


by Wiseprince on Mon Mar 24, 2008 at 07:08:38 PM EST
[ Parent ]

Party splitting threat.? (none / 0)

Excuse me while I just lift my jaw up off the floor.

It's not a threat. It's as clear as day - if the winner of the most number of delegates/states/popular vote is somehow denied the nomination, the party would explode. And probably rightly so since it's own rules and procedures have been radically overturned.

Likewise, if Hillary were to win the delegates/states/popular votes, and Obama still get the nomination, then there would also be a split.

But that's not what's happening. It's close, but Obama's ALMOST locked it. And to shoot the referee now looks like total bad faith


Moose Juice; debate without hate
by brit on Mon Mar 24, 2008 at 08:11:08 PM EST
[ Parent ]

Re: On the rules (none / 0)

Following the rules doesn't mean that Hillary will be the nominee!  

Also, the logic of your last two sentences seems odd.  He's so arrogant that he's afraid?  Which baseless criticism is it?

Please, if you are going to make criticisms, have specific evidence.  Otherwise, you're just increasing the anger and misunderstanding.


by cwsaterfield on Mon Mar 24, 2008 at 07:20:05 PM EST
[ Parent ]

For real! (none / 0)

this site could use a clean up on aisle basless accusations from a spill of spinster sauce.  This diary is weak sauce too, Obama is making an observation that if you go against the will of the majority, the majority will be pissed.  Its a f'n observation and an accurate one.  THat's it; there is no underminding, no changing rules, no trickery, and to suggest ("in essence")otherwise is  baseless, inaccurate, and reeks of depseration.  


by KLRinLA on Mon Mar 24, 2008 at 09:15:40 PM EST
[ Parent ]

Re: For real! (none / 0)

His  "will of  the  majority"  is  only  defined  by  his   breaking his  promise  to  abide  by  any  DNC   decision  regarding   MI  &  FL.  

The  DNC  APPROVED  revotes.  

They  were  only  stopped  because of  the  Obama's  campaign   rejecting  the  possibility.  

Thus,  his  "will of  the majority"  is  only  gained  by   breaking  his own promise  to those  voters.    

He's   definitely  AFRAID,   and  incredibly  disingenuous.    

If you think he  hasn't  permanently offended  the voters  in  FL  and  MI,  and thus  damaged  the party  as  a  whole,  then you  ARE  drinking  the Kool-Aid.  

I  think we  all know  who  the  real  "divider" is  here,  and  how   the perception  of  Obama   as   a  "uniter"  or  a  "healer"  is pure  marketing  by   Axzelrod.  

If  the  party  implodes,  it  will  be  thanks  to the  Obama  campaigns  manipulations.  


by auntmo on Mon Mar 24, 2008 at 09:50:18 PM EST
[ Parent ]

I think I figured it out (2.00 / 2)

Team Clinton's lobbying of Superdelegates = Completely fair, within the rules, perfectly legitimate, and just fine-and-dandy-thanky no matter what argument is used to whatever ends.

Team Obama's lobbying of Superdelegates = just terrible, just awful breach of the rules and beyond the pale.


by zonk on Mon Mar 24, 2008 at 06:48:14 PM EST

Re: I think I figured it out (2.00 / 1)

You could switch the names and this still applies.  We all are getting way to wrapped around the axle about the candidates' lobbying of SDs.  It is their right to do so, and I would be dissapointed in my candidate if she wasn't doing it.  Likewise, I would expect you to be dissapointed in your candidate if he wasn't doing it either.

In the end, the SDs will do what they were intended to do, which is IMHO too undemocratic for comfort, but these are the agreed upon rules.  Change them in time for 2012...


No politician ever lost an election because he underestimated the intelligence of the American public. - PT Barnum, paraphrased...
by jarhead5536 on Mon Mar 24, 2008 at 06:53:38 PM EST
[ Parent ]

Re: I think I figured it out (2.00 / 1)

Good, that's the first step.

Lobbying for the SD's is what its called on both sides, and there's no reason for the moral outrage.

Go and spread the word.


by Jerome Armstrong on Mon Mar 24, 2008 at 06:53:44 PM EST
[ Parent ]

Re: I think I figured it out (2.00 / 1)

You're still missing the point.

"The will of the people" is Team Obama's basis for the lobbying effort... i.e., You, Mr/Ms Superdelegate, should vote for Obama because it's the will of the people.

It's really not much different than "The will of some people/certain people/big state people/etc" being Team Clinton's basis for the lobbying effort.

Team Obama's basis just... well... it just makes more sense.

Don't blame me because you got stuck with the crappy end of the argument stick.


by zonk on Mon Mar 24, 2008 at 06:59:13 PM EST
[ Parent ]

Theoretical Question: (none / 0)

If it was the apparent will of the people to lose in November by voting for a crappy candidate, and the super delegates didn't counteract that and select a good candidate, would you be happy with four years of McCain?


No way. No how. No McCain. . . . . . If you can ship a job to Bangalore India, you can ship a job to Flint Michigan.
by NJ Liberal on Mon Mar 24, 2008 at 08:27:38 PM EST
[ Parent ]

Who's the crappy candidate? (none / 0)

Obama?


by Erik on Tue Mar 25, 2008 at 02:46:51 PM EST
[ Parent ]

Re: Who's the crappy candidate? (none / 0)

A theoretical crappy candidate.

I'm just trying to understand whether the argument is about the process in general or about these particular contestants.


No way. No how. No McCain. . . . . . If you can ship a job to Bangalore India, you can ship a job to Flint Michigan.
by NJ Liberal on Tue Mar 25, 2008 at 03:06:06 PM EST
[ Parent ]

Re: On the rules (2.00 / 2)

How ironic that Clinton supporters will point to the rules now.

Where was all of this anti-changing rules sentiment when Hillary claimed in late January that FL and MI should count AFTER she had pledged and agreed that they wouldn't count.


John McCain believes "Women shouldn't have a choice."
by jturn17 on Mon Mar 24, 2008 at 06:52:45 PM EST

Re: On the rules (none / 0)

I believe they should count, but they will only do so if the Rules committee says they will.


by Jerome Armstrong on Mon Mar 24, 2008 at 06:54:26 PM EST
[ Parent ]

Do you think it is legitimate (2.00 / 0)

for the Rules Committee to change the rules for counting delegates after the election has been held?

This would be a demonstration of the quote, "He who votes determines nothing; he who counts the votes determines everything."


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Mar 24, 2008 at 07:41:32 PM EST
[ Parent ]

Re: Do you think it is legitimate (none / 0)

From the very beginning, I've stated that the DNC has no right to have a say in the states determination of when they hold their election. That's without any regard to which candidate held the advantage, or even knowing who would be favored. I favored Gore at the time, probably Edwards or Richardson as the second choice, when I wrote this post, back from August 22nd, 2007: The candidates should blow off the DNC.


by Jerome Armstrong on Mon Mar 24, 2008 at 08:17:07 PM EST
[ Parent ]

Re: Do you think it is legitimate (none / 0)

Well, I said that it makes sense for voters to blow-off the two-party system for over a decade.

But just b/c you took a position doesn't mean your side prevailed in the conflict over the issue.

Your position was defeated, if it was seriously considered.

If states are free to blow off the DNC on the nomination rules let me create a thought experiment.

HRC gets the nomination by getting her people on the rules committee to seat the FL and MI delegations. Obama supporters feel cheated. In response to this, the some of the state parties exercise their power to decide the Dem nominee on the ballot. Illinois plus six other state parties direct their states to put Obama's name on the ballot, not HRC's.

Would this be a legitimate exercise of power?

Just because Jerome Armstrong is a political genius and has figured a better way to hold primaries, doesn't give state party's the right to blow-off the DNC.

If state parties have the right to blow-off the DNC in presidential politics, what is the limit to this power? When you decide it's a bad idea the state parties should be reigned in? Who made you the arbiter of conflicts between the states and national party?


Rrrinnggg... Time to change the government.
by Carl Nyberg on Tue Mar 25, 2008 at 11:12:36 AM EST
[ Parent ]

Re: Do you think it is legitimate (none / 0)

Great fucking question. Jerome won't answer it.


by Erik on Tue Mar 25, 2008 at 02:57:54 PM EST
[ Parent ]

Re: On the rules (none / 0)

If Sen. Obama were in this position, wouldn't you want him to be making some of these same points?  In vain to be sure, just as Hillary's complaints are in vain, but he would have to at least try to press for some advantage...


No politician ever lost an election because he underestimated the intelligence of the American public. - PT Barnum, paraphrased...
by jarhead5536 on Mon Mar 24, 2008 at 06:55:16 PM EST
[ Parent ]

Re: On the rules (none / 0)

Also, did Clinton agree they wouldn't count?  I don't recall that, I know she agreed, at the asking of the first states, to not campaign there. I think she's always been on the level that MI and FL should count, which is why she refused to take her name off the ballot when Obama led the other candidates off of Michigan's ballot.


by Jerome Armstrong on Mon Mar 24, 2008 at 06:57:46 PM EST
[ Parent ]

Re: On the rules (none / 0)

Jerome,

This is either dishonest of you or ill informed.

We have all heard her say that I knew that it wouldn't count so it didn't matter if she took her name off the ballot.

She herself said that it was because it didn't matter.


Hell yeah we did.
by Darknesse on Mon Mar 24, 2008 at 07:02:47 PM EST
[ Parent ]

HRC campaign trashing NH (2.00 / 0)

HRC's partisans trashing NH as getting treated better than MI and FL seems ironic.

If not for the lifeline the Granite State threw HRC this would have been done a long time ago.


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Mar 24, 2008 at 07:45:17 PM EST
[ Parent ]

Re: On the rules (none / 0)

It's not an agreement, but it certainly shows that she wasn't doing something noble by keeping her name on the ballot to fight for the rights of the voters, as Jerome is trying to say...


Hell yeah we did.
by Darknesse on Mon Mar 24, 2008 at 08:16:18 PM EST
[ Parent ]

Re: On the rules (none / 0)

It's not an agreement, but it certainly shows that she wasn't doing something noble by keeping her name on the ballot to fight for the rights of the voters, as Jerome is trying to say...


Hell yeah we did.
by Darknesse on Mon Mar 24, 2008 at 08:16:36 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

Clinton, on why she stayed on the ballot for the Michigan primary said, "Well, you know, people in Michigan are flat on their backs. They have the highest unemployment rate in America. They are now grappling finally with what they are going to do with the auto industry. 1 in 10 jobs in America is tied to the auto industry which is -- the American auto industry, which as we know is centered in Michigan. You know, it's clear this election they're having isn't going to count for anything. But I just personally didn't want to set up a situation where the Republicans are going to be campaigning between now and whenever. And then after the nomination we have to go in and repair the damage and be ready to win Michigan in November 2008." [NHPR Interview, 10/11/07]


"Behold, I send you out as sheep amidst the wolves! Therefore, be as wise as a serpent, And as harmless as a dove."
by Setrak on Mon Mar 24, 2008 at 07:04:00 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

Heh.

You may have been quicker, but I have the URL!


by zonk on Mon Mar 24, 2008 at 07:06:05 PM EST
[ Parent ]

To start with (2.00 / 0)

That's only MI, and in this thread the argument is being applied to FL.

Second, that was an off-the-cuff remark in a radio interview, and can be taken as a statement of then-existing fact, not a pledge to support the continuation of that fact.  I see nothing in that language to make me think it was a position of the campaign.  It has never appeared in writing, nor am I aware of any other spoken instance of it other than that oft-cited quote.

Normally, candidates are given a little leeway in the wording of off-the-cuff remarks in interviews.  Or do you want to hold Obama to his opinions about typical white people?


by Trickster on Mon Mar 24, 2008 at 07:14:45 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

Does this work?

Or does WaPo not count as a legitimate citation... I can dig around NewsMax, I guess, but I prefer not to:


"It's clear, this election they're having is not going to count for anything
," Clinton said Thursday during an interview on New Hampshire Public Radio's call-in program, "The Exchange." "But I just personally did not want to set up a situation where the Republicans are going to be campaigning between now and whenever, and then after the nomination, we have to go in and repair the damage to be ready to win Michigan in 2008."

That's from October of 2007 - per here: http://www.washingtonpost.com/wp-dyn/con tent/article/2007/10/11/AR2007101100859. html


by zonk on Mon Mar 24, 2008 at 07:05:21 PM EST
[ Parent ]

Re: On the rules (2.00 / 0)

As I replied to trickster above, that is (a) slimey and (b) not necessarily accurate.  

Since you want to get all legalese, if she made the statement knowing people would hear it and rely on it, she can in fact be bound by it under the the doctrine of detrimental reliance.


by SKI on Mon Mar 24, 2008 at 07:39:45 PM EST
[ Parent ]

Re: On the rules (2.00 / 0)

Paper?

There is no legally binding 'paper' because ummm... the candidates themselves have no legally binding -- or DNC rules binding -- role in the acceptance of the delegates... I suppose, there's probably some legalese about "running as a Democrat means you abide by DNC rules" -- but that seems pretty self-evident to me.

If you don't wish to be nominated per the DNC's rules, I assume you run as something else.


by zonk on Mon Mar 24, 2008 at 07:40:33 PM EST
[ Parent ]

Re: On the rules (none / 0)

I'm not sure how much clearer she has to be that the decision to disenfranchise Michigan was terrible. What you quote her saying here is a very compelling case for enfranchising the state.

So, you have shown that she reluctantly abided by Dean's decision but promised to revisit it as soon as possible. At the time she thought the nominee would be known by Super Tuesday at the latest, as did everyone else.

But in any case thank you for providing the full quote which proves that she disagreed with the DNC's decision.


by souvarine on Mon Mar 24, 2008 at 08:14:36 PM EST
[ Parent ]

Wrong (none / 0)

she had pledged and agreed that they wouldn't count

Never happened.


by Trickster on Mon Mar 24, 2008 at 07:03:35 PM EST
[ Parent ]

Re: Wrong (none / 0)

Feeling like a bit of sophistry, are we?


by SKI on Mon Mar 24, 2008 at 07:43:28 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)


The dust up between Kos and Jerome is almost as interesting as the Hillary/Obama conflict.  I never saw Kos as particularly to the left, his activism was just a pragmatic realization that the established Democratic party had become moribund  and top heavy and he was trying to reinject some energy.  Right now I see his moving in a strong way supporting Obama is a realization that that is the direction of his base of support, i.e. those of us who follow the progressive blogs. He is being opportunistic if you will (and since this is politics that is not an insult).  Now poor Jerome is going to be the big loser it seems to me.  Who is going to come back to mydd after this spat is over?  Us Obama supporters will go back to more friendly environments, we are here now to defend our man.  The Hillary supporters will for the most part return to whatever it is they do in real life, which, if I may venture a prediction, is not frequenting progressive blogs.
by syvanen on Mon Mar 24, 2008 at 06:57:48 PM EST

Re: On the rules (none / 0)

We argue a lot about this, but what are friends for if you can't disagree with them once in a while?  I don't view it that tactically with the number of visitors to the blog a factor at all in what I say, and neither I think does Markos. Who cares about that fluff. There's always the next election...


by Jerome Armstrong on Mon Mar 24, 2008 at 07:02:37 PM EST
[ Parent ]

Re: On the rules (none / 0)

This would be fine and right is if all the "friends" were arguing honestly and without invective.    It is a failing of the "tubes" that allows people to make arguments and say things they couldn't possibly manage to say with a straight face to their friends in person - not without being forced to down numerous penalty shots, anyway!


by SKI on Mon Mar 24, 2008 at 07:20:20 PM EST
[ Parent ]

Re: On the rules (none / 0)

Pay  no  attention   to  the   sublte  "Nobody  will  come  back  to  MyDD"  crap,  Jerome.  Markos's  followers   sound  like   12 year  olds.  

You  and  BTD  are  the only   bloggers  I  have  seen  that  stick  to the  actual  facts  and  actually   post  the  DNC  rules   for your  readers  to   peruse  and understand.  For  that,  we  all thank you.  

Markos  will  be  quite  surprised  how many   Democrats  have   left him  FOREVER  for  his manipulations  and  drama queen  behavior  this  election  cycle.    

You  and  BTD  should  be  complimented  for not  becoming   rabid,  misleading   shrews  like   Markos  and  Josh  have  become.  

We'll  ALL  be  back  to YOUR  site.  

Markos  fancies  himself  a  kingmaker.   Truth is,  he's  a    really  big  fish,   in   a   very  small  pond.


by auntmo on Mon Mar 24, 2008 at 10:23:56 PM EST
[ Parent ]

Re: On the rules (none / 0)

My heartfelt thanks to both of you for what you guys have helped build. I hope my prediction does not come to pass -- most likely not but passions are high right now.  


by syvanen on Tue Mar 25, 2008 at 04:01:49 AM EST
[ Parent ]

re: baseless predictions (none / 0)

Please don't pretend to know who I am or what I will do.


No way. No how. No McCain. . . . . . If you can ship a job to Bangalore India, you can ship a job to Flint Michigan.
by NJ Liberal on Mon Mar 24, 2008 at 08:36:30 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

If Obama was in this position, the calls for him to drop out would be deafening, and the MSM would pick right up on it.

To be fair, even the most hardcore HRC supporter can admit that, right?


Hell yeah we did.
by Darknesse on Mon Mar 24, 2008 at 06:57:53 PM EST

No (none / 0)

Name me one instance when any candidate, ever, dropped out of a primary race when trailing by 150 delegates and is tied in the national polls.

I'll be waiting.

The fact is that this is a unique situation, and it's certainly not for adherents of an opponent's campaign to dictate the actions of my candidate's campaign.  I'm getting a little tired of this "drop out" mantra.  It's really premature, and frankly it smacks of desparation, which is an odd odor to be picking up from a front-runner's camp.  This thing is far from over.


by Trickster on Mon Mar 24, 2008 at 07:17:10 PM EST
[ Parent ]

Re: No (none / 0)

As an Obama supporter, I will agree with you on that fact.  Though I have seen that it is extremely unlikely that HRC will end up w/ more pledged delegates at the convention, I don't think it is impossible (i.e., sweep in every state, so in the spirit of March Madness, play to the end, more unexpected outcomes have occured.


by KLRinLA on Mon Mar 24, 2008 at 09:28:31 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

I don't think anyone is trying to change the rules on super delegates, just pressuring them to pick one side or another.  In fact.. I'd like to see when the Obama campaign actually said that the rules regarding super delegates should be changed.

Changing the rules would be more like, say, agreeing that only certain states can hold a primary that will count before February 5th, then arguing that those rogue states should count.  It's even more silly when Harold Ickes is the one making that argument.


"Behold, I send you out as sheep amidst the wolves! Therefore, be as wise as a serpent, And as harmless as a dove."
by Setrak on Mon Mar 24, 2008 at 06:58:08 PM EST

You Still Don't Get It... (2.00 / 1)

There's a difference between saying something is wrong, and saying it's against the rules.  

Everyone knows it's within the rules for the super delegates to vote for whoever they want, even if that person is losing the popular vote and/or the pledged delegate count.  Some super delegates could come out tomorrow and say screw the people's votes, "We're supporting Mike Gravel!" if they wanted to.  That's totally within the rules.  

The question most people are asking these days is whether that's the right thing to do.  Some say that's perfectly apppropriate, and some say that it is not.  Apparently quite a lot of super delegates are in in the later group, a fact that a great many Hillary supporters seem willfully ignorant of.


by Brillobreaks on Mon Mar 24, 2008 at 06:59:22 PM EST

Let me make a point here (2.00 / 3)

I've just read posts from several people complaining that Obama's not trying to change the rules, or that Obama's not saying that Clinton is trying to change the rules.

I think  you folks are misreading this post.  Look at it a little more closely.  This is a post about Obama's adherents' complaints that Clinton is trying to "change the rules."

Does this happen?  Hell yes.  Just look at Mojo Risen's post a few above this, timestamped 6:42:08 EDT, and I daresay that if you just look around this site you will see it over and over.  Kos is constantly saying that Clinton can only win the nomination by a "coup," which clearly implies that she would be overthrowing the existing regime, i.e., changing the rules, if she wins by superdelegate vote, or if she succeeds in getting the FL and/or MI delegations seated.

Heck, if you don't believe that, then check out this Google search:  177,000 hits for [Hillary ("changing the rules" OR "change the rules")].

Superdelegate votes and credentials fights alike are clearly provided for under the existing rules.  Winning the superdelegates votes or winning a credentials fights are not changing the rules, they're just winning the game with the current rules.

I'm all for changing the game to have better rules, but for right now we're stuck with the game we've got.  For this game, the rules are what they are, and I would be greatly obliged if those who like to complain about Hillary's desire to change them would take some time first to familiarize themselves with what they really are.

Otherwise, feel perfectly free, as Jerome suggests, to argue that metrix X, such as leading in pledged delegates, should be the metric that superdelegates use.  Just please refrain from making the factually incorrect claim that the use of some other metric would constitute "changing the rules."


by Trickster on Mon Mar 24, 2008 at 07:00:06 PM EST

Re: Let me make a point here (2.00 / 1)

Kos' argument is not that the Clinton's are breaking the rules.  He's saying that if the Super Delegates go against the popular vote and the regular delegates, than the party will be broken in two pieces.  That is his prediction.  You might disagree, but the implicit critique of Kos in this discussion is outdated and mis-aimed.

I accept that Clinton can woo the Super Delegates, but it would alienate me from the party if it goes against the popular vote.  I think the Clinton camp is willing to cast aside my vote for the votes of less progressive and more centrist voters.  That is their calculation.  Kudos if she wins, but it seems like a risky strategy that is more about her and less about the Democratic party.  


by cwsaterfield on Mon Mar 24, 2008 at 07:38:26 PM EST
[ Parent ]

Re: On the rules (none / 0)

Speaking of Super Delegates . . .

Has anyone verified that US Rep. Lynn Woolsey is defecting from Clinton to Obama?


NO 100 year WAR, NO McConnell run Senate, & NO GOP-led Supreme Court!!!
by Veteran75 on Mon Mar 24, 2008 at 07:01:03 PM EST

Re: On the rules (2.00 / 1)

I guess I don't see the "whining about the rules" that Jerome does.  As I see it, nobody is whining about the rules, they are simply stating the obvious - that party insiders shouldn't hijack an election from the voters.  Under the rules, they are free to do so.  Just like under the rules, I am free to jam a screwdriver into my left eye.  That doesn't mean either is a good idea.

And frankly, if there's any "disingenuous"ness here, it is in the Clinton camp, constantly whining about "disenfranchising" voters from two states who failed to play by the rules, while simultaneously pursuing a strategy whose only chance of success lies in  disenfranchising the voters from the 48 states that did play by the rules.


by davey jones on Mon Mar 24, 2008 at 07:01:16 PM EST

Re: On the rules (none / 0)

Agreed.


by cwsaterfield on Mon Mar 24, 2008 at 07:39:09 PM EST
[ Parent ]

Re: On the rules (none / 0)

NOT  agreed.  

The  RULES  allow  for  revotes,  and  the  DNC  had  already   approved  them.  

Obama  said  he would  abide  by  whatever  the  DNC   decided,   and  then  BLOCKED  the   revotes  allowed  in the rules.  

Obama  BROKE  his  promise.    

And  the  voters in Florida  and  Michigan  will not  forget   that he  did.  


by auntmo on Mon Mar 24, 2008 at 10:31:15 PM EST
[ Parent ]

Re: On the rules (none / 0)

I agree that Obama should be a leader when it comes to re-votes, and I fault him for his inaction and his surrogates apparent mudding of the works (that said, no one on this site as offered actual evidence of them doing this!).  That said, Obama has stated he will do what the DNC decides is best.  The DNC did not decide on the revotes, they supported the idea of the states investigating the process of what revotes would look like.  The states failed, thus far, to create a workable plan.  You can fault Obama for not being a leader in creating a plan, but claiming he blocked the DNC is inaccurate.

We must be truthful!


by cwsaterfield on Tue Mar 25, 2008 at 11:00:09 AM EST
[ Parent ]

Re: On the rules (2.00 / 1)

I don't see that Obama supporters are arguing that the superdelegates must support the candidate with the most pledged delegates, merely that this is the sanest approach for the party.  While the Obama campaign is stressing this as an ethical point I have not heard the claim that it is a procedural one.

It would seem that Speaker Pelosi's position that pledged delegates are the most significant, in fact the sole, metric for uncommitted superdelegate to consider, when assessing their choice in the party's best interest, is an attempt to disperse the smokescreen of alternatives, popular vote, primary vs caucus weighting and, now, incredibly, electoral collage arguments floated by the Clinton campaign and surrogates in an attempt to find a measure which favours their candidate or her prospects.  This view makes a great deal of sense and would seem, given the 'rules' of the Democratic primary nomination contest, the only sane course between the Scylla and Charybdis facing Democrats who seek to keep the party united for the sake of the general election.  We're in an unanticipated mess and some kind of leadership would seem welcome.  It has been provided.

At the outset of this primary it was a contest for pledged delegates and superdelegates.  Pledged delegates are won in primaries and caucuses, superdelegates are won by endorsement and, presumably, demonstrations of electability and the best interests for the party's chances against the Republicans, which is where all of these other conflicting arguments arise.  But the pledged delegate tallies are clearly the measure by which the nominating contest is decided, the superdelegates are intended as a circuit breaker only.  Why would this fundamental metric for electability have changed during the course of the primary for any reason?  If Hillary was ahead in pledged delegates would we even be having this conversation?  I doubt it.

Superdelegates can support whomever they choose, to be sure, the question is on what basis can they do so without dividing the party further in a worst case scenario such as we now find ourselves.  Pelosi, arguably the 'leader' of the party as far as elected Democrats are concerned, has provided that answer, anything else is merely spin.  Why are we continuing to have this discussion and whose interests are served by questioning the simplest and arguably most sensible solution?


by Shaun Appleby on Mon Mar 24, 2008 at 07:01:22 PM EST

Re: On the rules (none / 0)

Because I think Pelosi assumes that the party is best served to let the primary process continue while their are elections still to come, which I agree with.  However I also believe that a strategy which intends to demolish Obama is inappropriate under those circumstances.  Pelosi's comments have been interpreted as a guide for deciding the contest after the primary calendar is finished, but before the convention.

But this is the underlying issue, if Hillary's prospects depend on the kind of attack we saw on the commander-in-chief threshold, which compared the Republican nominee favourably to her Democratic opponent, the party has to be getting uncomfortable.  If she could run this campaign in a way that didn't intentionally erode Obama's general election prospects, and this applies to both candidates at this point, then I don't think you would be hearing much about this problem right now.  The problem is that she, particularly, is playing a high stakes game of 'chicken' and it is making lots of people nervous and uncomfortable.  If the superdelegates or party elders step in at some time before early June it will be for this reason and no other.  Frankly, I think she has correctly calculated that they won't.

But at what point does this narrow line get crossed, do you think?  This seems to me more of an issue than the metrics for fairly weighing the electoral performance of the respective candidates.


by Shaun Appleby on Mon Mar 24, 2008 at 07:31:19 PM EST
[ Parent ]

Re: On the rules (none / 0)

Good comments Shawn!


by cwsaterfield on Mon Mar 24, 2008 at 07:40:35 PM EST
[ Parent ]

Disenfranchisement (none / 0)

I agree, rules are rules, but the disenfranchisement of the FL and MI voters is wrong.  I don't care how they get included, but to deny people a vote because the state legislatures screwed up is indefensible.

Thank god we didn't get Howard Dean as a president.  He's proved he isn't qualified to run a daycare.

On another note, Kwame Kilpatrick is/was an Obama superdelegate.  http://rezkowatch.blogspot.com/2008/03/o ne-degree-of-separation-obama.html


by katmandu1 on Mon Mar 24, 2008 at 07:02:27 PM EST

Re: Disenfranchisement (none / 0)

So is it one degree of separation that Spitzer was a Hillary superdelegate?


by mefck on Mon Mar 24, 2008 at 07:06:55 PM EST
[ Parent ]

Re: Disenfranchisement (none / 0)

I was wondering why I had not heard about this . . . but then I remembered that MI Super Delegates don't count (yet).


NO 100 year WAR, NO McConnell run Senate, & NO GOP-led Supreme Court!!!
by Veteran75 on Mon Mar 24, 2008 at 07:08:09 PM EST
[ Parent ]

Re: Disenfranchisement (2.00 / 1)

C-SPAN the other night showed fascinating footage documenting the Florida decision to violate the rules. Granted, it's not a good situation. But if the national party gave in they would utterly lose control of their calendar in future elections. Just not tenable. The offending states were given plenty of warning and opportunities to adjust -- even after being stripped of delegates. But in their arrogance they thought they were just too important and could get away with it. Not to diminish the disenfranchisement of these voters, but all parents should know the importance of sticking to consequences once they're spelled out.

Looks like the best they'll be able to come up with is to split the delegates evenly. No fair-minded observer could conclude that the delegates should be seated as is. It's patently unfair to Barack because he strategized his campaign based on the rules (which Hillary agreed to). And it's unfair to the national party charged with organizing the nominating process.


by Petey on Mon Mar 24, 2008 at 07:24:45 PM EST
[ Parent ]

Re: Disenfranchisement (none / 0)

I agree, but even an Obama supporter like myself is in favor of a re-vote.

It's the fairest solution to a messy problem.


by cwsaterfield on Mon Mar 24, 2008 at 07:57:04 PM EST
[ Parent ]

Untrue! Both had their names on (none / 0)

the FL ballot and only Barack ran TV ads there, so what's with the continual repetition of an untruth here?   FL should be apportioned as the vote went.

As for MI, only Hillary was consistent and kept her name on both ballots.  Barack played a little gamesmanship game taking his name off of one and leaving it on the other.  Why is that, do you think?   Iowans were miffed at MI for trying to get ahead, so he did it to suck up to Iowa.  It worked too.  

But now he's somehow in the business of spreading this 'meme' that Hillary is disingenuous when in fact he is the one who gamed the system and used different approaches for two states with identical rules violations.


Reasonable people can disagree.
by mnicholson0220 on Mon Mar 24, 2008 at 09:14:28 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

Kwame and Spitzer just sort of cancelled each other out. That's kinda amusing.


Hell yeah we did.
by Darknesse on Mon Mar 24, 2008 at 07:04:39 PM EST

Re: On the rules (2.00 / 1)

So why include Michigan and Florida in your delegate count? The rules could not be any clearer on their status.


by True Centrist on Mon Mar 24, 2008 at 07:04:50 PM EST

Re: On the rules (none / 0)

If it is true that US Rep. Lynn Woolsey is defecting from Clinton to Obama . . . then Obama just took the lead in the MI/FL tally . . . or is it a tie if we subtract Kwame?


NO 100 year WAR, NO McConnell run Senate, & NO GOP-led Supreme Court!!!
by Veteran75 on Mon Mar 24, 2008 at 07:11:02 PM EST
[ Parent ]

Re: On the rules (none / 0)

Obama should drop out and extend his vacation.

Clinton is working hard while he cut and ran to the beach.

Nuff said.


by gotalife on Mon Mar 24, 2008 at 07:09:07 PM EST

Re: On the rules (2.00 / 1)

I see no one from the Obama camp suggesting the rules should be changed. To ARGUE for their position -- and to argue rationally at that, for, certainly if superdelegates overturned the pledged delegate lead of Obama the result would be turmoil -- is not the same as trying to change the rules in the middle of the game.

As Hillary said a few weeks back: superdelegates can base their decision on any criteria whatsoever. Any argumentation is simply a way of lobbying the superdelegates.


by Petey on Mon Mar 24, 2008 at 07:10:48 PM EST

Re: On the rules (none / 0)

I think, though, the problem that HRC supporters have is that a lot of Obama supporters, and the campaign itself, is essentially trying to argue that HRC is changing the rules.

If Obama was simply saying let's go with my metric, it's the right one, then sure, I don't see any reason any HRC supporter can complain about that.  No one can conceivably win through the rules without the supers, and thus, if Obama wants to offer a metric to be judged by, then sure, it works within the rules, as the rules are to convince the supers that he's the right guy.

The problem lies within the suggestion by some (and clearly not you, but others) that HRC is changing the rules on what it takes to win, as that just isn't, based upon the rules, true.

I feel like adding a side comment in, for which I apologize.  But this sure feels like the BCS fight that has happened in recent history to determine college football's national champion.


by toonsterwu on Mon Mar 24, 2008 at 07:19:25 PM EST
[ Parent ]

Re: On the rules (none / 0)

...argue that HRC is changing the rules.

The only context in which I've seen that charge leveled at Clinton is regarding the changing of her stance on MI/FL.  And rightfully so, IMO.
by ChrisKaty on Mon Mar 24, 2008 at 10:22:07 PM EST
[ Parent ]

Re: On the rules (none / 0)

Thank you, Jerome, for clear and simplified description of these mysterious "rules." I'm writing all the Super Delegates to urge them to support Hillary. Not only is she the best candidate for president, but now that Obama has been ever so slightly vetted, it is clear that he stands a snowball's chance in hell of winning the GE. If the SD climb on the Obama bandwagon, we can thank them for President McCain. I know that although I've never voted Republican in my life, I will NEVER vote for Obama. And there are thousands upon thousands of people just like me.
by aroundtheblock on Mon Mar 24, 2008 at 07:16:58 PM EST

Re: On the rules (none / 0)

Think about what you just said.

This election is bigger than Obama or HRC.

This election is about my soldiers in Iraq, and our grandchildren yet to be.

A vote for McCain is a vote that will last for more than four years. A vote for McCain is a vote for a Conservative Supreme Court. Vote for McCain if you want that!


NO 100 year WAR, NO McConnell run Senate, & NO GOP-led Supreme Court!!!
by Veteran75 on Mon Mar 24, 2008 at 07:24:02 PM EST
[ Parent ]

"not completely vetted" (none / 0)

If the HRC campaign hasn't detected this important secret bad thing about Obama, doesn't this suggest the HRC campaign is less than competent?


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Mar 24, 2008 at 07:24:10 PM EST
[ Parent ]

Re: On the rules (none / 0)

Can I counter with the "thousands" that would vote for Obama but won't for Hilliary (like my GOP mother-in-law in NJ)?

Get a grip.  There is zero evidence that Obama's "Wright problem" is worse for people that Hilliary's   existing problems are for others.  You can hypothesize all you want but you can't state it as fact.  


by SKI on Mon Mar 24, 2008 at 07:24:37 PM EST
[ Parent ]

"knowing" Obama has done bad stuff (none / 0)

Why do you consider Obama completely unacceptable?

I'm troubled by the declaration that Obama is completely unacceptable to you and your certainty that there is some big negative about him that hasn't been detected yet.

I'm concerned that you have decided Obama is unacceptable based on identity politics and project the negativity you feel on Barack Obama. You are certain Obama is some sinister character and there's nothing his campaign can do to prove he isn't really evil.

This seems unfair to Obama.


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Mar 24, 2008 at 07:30:56 PM EST
[ Parent ]

Read Bud White's diary (none / 0)

Obama, Wright and Race. That captures much of how Democrats who haven't drunk the kool aid see Obama. And if we see him that way, one can only imagine how the legions of republicans see him.
by aroundtheblock on Mon Mar 24, 2008 at 07:55:23 PM EST
[ Parent ]

legions (none / 0)

of repubs swear by words of Reverend Jerry Falwell who said this:


"(re: 9/11 attacks) "...throwing God out of the public square, out of the schools, the abortionists have got to bear some burden for this because God will not be mocked and when we destroy 40 million little innocent babies, we make God mad...I really believe that the pagans and the abortionists and the feminists and the gays and the lesbians who are actively trying to make that an alternative lifestyle, the ACLU, People for the American Way, all of them who try to secularize America...I point the thing in their face and say you helped this happen."" - Jerry Falwell

Believe these guys are not voting Dem in November.


-- be excellent to each other
by kindthoughts on Mon Mar 24, 2008 at 08:08:02 PM EST
[ Parent ]

Re: Read Bud White's diary (none / 0)

Can you make a link?

Summarize a position?

Make an argument in your own words?


Rrrinnggg... Time to change the government.
by Carl Nyberg on Tue Mar 25, 2008 at 11:02:34 AM EST
[ Parent ]

Re: On the rules (none / 0)

We do respect the rules. Obama's done a great job of amassing pledged delegates according to the rules in place for the same. Yes, the superdelegates have every right to vote for whoever they want to, and Obama's done a great job of making a convincing argument that they should cast their votes to the winner of the pledged delegates.

I'm barely concerned about all of this. Let the states that still need to vote, vote. Let the superdelegates make their opinions known, and let's get to work on the fight against McCain, which is sure to be a battale royale no matter who gets the nomination. As exciting and historic as it has been, I'm pretty tired of this primary campaign.

I wish there were some easy way to bring the two camps together, Obama and Clinton, because I do fear that we're going into the general election campaign divided. Don't know what to do about it actually, the Clintonites feel that Obama some how got over by disenfranchising Florida and Michigan, while the Obama-ites feel like Clinton's trying to change the rules after the fact. Ugggh!!!


by dmc2 on Mon Mar 24, 2008 at 07:21:57 PM EST

Re: On the rules (2.00 / 1)

Let me join in with the crowd that says that, yes, the SDs CAN do this, but it would be a huge disaster in November unless something horrible happens in the Obama camp.


But in the unlikely story that is America, there has never been anything false about hope.
by thezzyzx on Mon Mar 24, 2008 at 07:23:44 PM EST

The rules are simple (2.00 / 1)

The Super-delegates have free will to vote how they want.  No one has ever disputed that, despite what Jerome implies.

What IS at issue is the impact of the super-delegates potentially overturning the verdict of a multi-month, nationwide, half-billion dollar primary race in favor of the person who came in second at the end of that process.

Anyone who does not believe the results of such a move would be incredibly self-destructive to the party simply doesn't know dick about politics.


by Grady on Mon Mar 24, 2008 at 07:26:24 PM EST

Re: On the rules (2.00 / 1)

Markos has repeatedly said that the supers can do whatever they want, but that he thinks it would be suicide for them to overturn the pledged delegates.  Just like, I would add, the Clinton supporters argument is that it would be suicide for the supers NOT to overturn the pledged delegates decision.  

I really have no idea why this was worthy of yet another front page post.  Markos thinks Obama has the better argument to the supers.  Clearly Jerome thinks Clinton has the better pitch.  We get it.  Can we move on now and discuss something else?  Maybe, for example, how we can help whoever the hell our nominee is beat McCain?


by HSTruman on Mon Mar 24, 2008 at 07:27:02 PM EST

Re: On the rules (none / 0)

Logic is a one way street at MyDD.


by zonk on Mon Mar 24, 2008 at 07:43:13 PM EST
[ Parent ]

Could or Should (2.00 / 1)

It's definitely true that the rules are set up to allow the superdelegates to essentially nullify the outcome of the pledged-delegate contest.  It is an extraordinarily powerful veto that the supers hold and it is entirely within the nominating rules of the party.

Where the logic is being blurred is that the question is not whether they could use their votes to select Clinton over Obama but whether they should.  Doing so could easily enrage a signgificant chunk of the Obama supporters and set the party up for internecine warfare we haven't seen since 1968.  

If the superdelegates use their power to choose the candidate with fewer pledged delegates, they had better make a seriously compelling case to the majority of the Democratic party rank and file whose votes are being disregarded.  If the superdelegate cannot make the voters understand their rationale, how do they propose to unite the party and avoid self destructing in November

Clinton and her supporters display an unsettling and cavalier willingness to use this nuclear option; yet their best argument is that the rules allow for it.  That attitude alone makes Clinton a less attractive candidate to me.


by PaulDem on Mon Mar 24, 2008 at 07:27:19 PM EST

Re: Could or Should (none / 0)

If the superdelegates use their power to choose the candidate with fewer pledged delegates, they had better make a seriously compelling case to the majority of the Democratic party rank and file whose votes are being disregarded.

Speaking about party rank and file whose votes are being disregarded, we'd better be sure to include Michigan and Florida when we consider the results of the popular vote in picking a nominee. These Democrats must have some voice in the process--disenfranchising 2 million voters is a serious and compelling issue. One that will have dire consequences for us as a party in November.

Obama should not be able to get away with blocking revotes because he's afraid the results won't be favorable to him. That attitude alone makes him a less attractive candidate to me.


by cc on Mon Mar 24, 2008 at 07:47:58 PM EST
[ Parent ]

Re: Could or Should (none / 0)

If the roles were reversed, do you think HRC would be OK with allowing FL and MI to re-vote? If HRC had virtually sealed the deal, would she allow re-votes that would at a minimum tarnish her if not compromise her delegate lead?


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Mar 24, 2008 at 07:53:56 PM EST
[ Parent ]

Re: Could or Should (none / 0)

yes.


No way. No how. No McCain. . . . . . If you can ship a job to Bangalore India, you can ship a job to Flint Michigan.
by NJ Liberal on Mon Mar 24, 2008 at 08:54:49 PM EST
[ Parent ]

Re: Could or Should (none / 0)

Speaking about party rank and file whose votes are being disregarded, we'd better be sure to include Michigan and Florida when we consider the results of the popular vote in picking a nominee.

Yeah, that would be nice.  If only we had a non-bogus election in those states so we had that information.  You're not actually suggesting that we use the results of the elections that took place, are you?
by ChrisKaty on Mon Mar 24, 2008 at 10:24:58 PM EST
[ Parent ]

So as an Obama supporter you (none / 0)

choose to focus on the "disenfranchisement" associated with ignoring pledged delegates (and I assume you include pop vote as well).

Hillary supporters choose to focus on the "disenfranchisement" associated with Obama's refusal to go along with revotes in MI and FL.  

Do you really believe that the Obama "outrage" will be worse than the Clinton "outrage"?  That would be underestimating the intense anger that many Hillary supporters have been feeling for a while now, about the MSM and the Obama hate campaign directed at her.

Also, when discussing angry schisms, keep in mind that Hillary's "identity" base (women, potentially as high as 51% of the party) is a lot larger than Obama's "identity" base (African-Americans, potentially as high as 18% of the party).   Aside from liberal guilt about racism, which block do you want walking out in November?


Reasonable people can disagree.
by mnicholson0220 on Mon Mar 24, 2008 at 09:10:52 PM EST
[ Parent ]

Re: On the rules (none / 0)

Can you cite thorough evidence of Obama blocking the re-votes?

I'm sincerely interested in knowing the full story.


by cwsaterfield on Mon Mar 24, 2008 at 07:29:02 PM EST

Re: On the rules (none / 0)

It's muddled.

Howard Dean has stated publicly that believes a revote plan needs approval of Clinton and Obama, but really -- it doesn't (it doesn't need approval of Howard Dean, either, for that matter).

The sole authority is the Rules Committee... now... since Howard Dean plays the largest hand in selecting the committee - we can, of course, believe that the committee buys what Dean says - but they certainly don't have to.  Neither, for that matter, do they necessarily have to get any sort of 'approval' from each campaign.  Again - this all revolves around the Rules Committee agreeing to all these stipulations that others are laying out.

As for the Obama campaign - even though I'm an Obama supporter - I actually DO wish that they were more supportive of a revote.  

That said.... the order of operations one must go through to lay the blame on Obama is clear.

The states must submit a plan to the rules committee.  The Rules Committee will reject or accept the plan.  Then we argue.

It's no different than 1996.  In '96 - Delaware jumped its primary ahead - and the delegates they selected were duly barred from being seated.  Of course - '96 was a non-contested primary, so no one cared all that much.   Delaware hastily put together a plan, submitted it, it was accepted -- and Delaware held a caucus per the plan they submitted.  The delegates from that caucus WERE seated.


by zonk on Mon Mar 24, 2008 at 07:37:57 PM EST
[ Parent ]

Re: On the rules (2.00 / 1)

I think that the Obama supporters screaming about a "coup" is due the bad polling that's been coming out post Wright. They are already admitting that Obama is a fatally compromised candidate who should be nominated anyway even though the previous voters knew nothing of his flaws.


No longer a Democrat, now proudly an independent voter!
by Ga6thDem on Mon Mar 24, 2008 at 07:36:47 PM EST

blah, blah, blah (2.00 / 1)


-- be excellent to each other
by kindthoughts on Mon Mar 24, 2008 at 07:55:30 PM EST
[ Parent ]

Re: On the rules (none / 0)

Agree  completely.    

The  new  SUSA  state polls  show   a  great  deal of  buyer's  remorse  on  previous  pro-Obama  voters.      

He's  losing  the  white male  vote,  the   now disillusioned   youth  vote,  and    almost  ALL  of  those   Independents   and   Reagan Democrats, who  have  moved  to McCain.  

Obama  is now  a  damaged  candidate,  and  state polls  (not  national polls, which mean nothing  right  now)  show  a  clear  movement  AWAY  from  supporting his   candidacy.    

Supers  will   surely  be looking  at  those  new  numbers,   and  be concerned  for  the    welfare of  the  party in  November.  

The  word  "coup"  only  popped up   with  the  Obamanauts  like   Markos  and Josh   after  the  panicked  about  the  effect  of  Wright's  videos.  

Rasmussen  poll  showed  that  even  58%  of  the   African American voters  who had  already  cast  votes  for  Obama  were   deeply  offended  by  Wright,  and  found  him   racially  divisive.  

Obama's  position  a  month  ago   is  completely  different  than  it  is   now.  

And  the  supers  will   study  that  carefully,  and  SHOULD.


by auntmo on Mon Mar 24, 2008 at 09:58:25 PM EST
[ Parent ]

Re: On the rules (none / 0)

Agree  completely.    

The  new  SUSA  state polls  show   a  great  deal of  buyer's  remorse  on  previous  pro-Obama  voters.      

He's  losing  the  white male  vote,  the   now disillusioned   youth  vote,  and    almost  ALL  of  those   Independents   and   Reagan Democrats, who  have  moved  to McCain.  

Obama  is now  a  damaged  candidate,  and  state polls  (not  national polls, which mean nothing  right  now)  show  a  clear  movement  AWAY  from  supporting his   candidacy.    

Supers  will   surely  be looking  at  those  new  numbers,   and  be concerned  for  the    welfare of  the  party in  November.  

The  word  "coup"  only  popped up   with  the  Obamanauts  like   Markos  and Josh   after  the  panicked  about  the  effect  of  Wright's  videos.  

Rasmussen  poll  showed  that  even  58%  of  the   African American voters  who had  already  cast  votes  for  Obama  were   deeply  offended  by  Wright,  and  found  him   racially  divisive.  

Obama's  position  a  month  ago   is  completely  different  than  it  is   now.  

And  the  supers  will   study  that  carefully,  and  SHOULD.


by auntmo on Mon Mar 24, 2008 at 09:58:46 PM EST
[ Parent ]

It is so obvious to me (none / 0)

Superdelegates should vote their personal conscience. They have that right. However, part of their decision should be the affect on the party.

The argument against having the superdelegates make a decision that goes against the pledged delegate and popular vote counts is not that they can't do it, it is that they shouldn't because the result of that would rend the party in half. That is all there is to it. THAT is exactly why the superdelegates have the power they do.


by gert on Mon Mar 24, 2008 at 08:01:01 PM EST

Re: It is so obvious to me (none / 0)

Sorry, that is effect, not affect.


by gert on Mon Mar 24, 2008 at 08:01:54 PM EST
[ Parent ]

Re: On the rules (none / 0)

Did you'll notice that one of the metrics being used to argue that Hillary is being accused of changing the rules (a Google's search) actually picks up as the FIRST reference to this claimed accusation a biography of Hillary published in 1987 (or 1996)?

Makes me wonder how many of these 177,000 hits has anything to do with the election. Sure some do. Perhaps many. But how many?


by poserM on Mon Mar 24, 2008 at 08:03:42 PM EST

Re: On the rules (2.00 / 0)

I just read through this thread twice, three times is too much, and I don't understand how Jerome's point for this post that Kos, Marshall, etc. are persistently pushing their knowingly false claim that Clinton is 'trying to change the rules' even though they clearly understand the rules concerning the powers of the SD's and her's and Obama's comments concerning them. The post is not about the Obama camp saying that or about the Clinton camp saying that the Obama camp is saying that. It's about some folks in the blogospere who support Obama that are doing that. Personally, I think it's unnecessary to add to the deceptiveness and misinformation that will come from campaigns anyway. Their blogs lately have contained many posts along this vein that make very strong and vociferous claims with no effort for back-up or evidence. I grew to rely on blogs such as Kos, TPM, Digby, etc. to keep tabs on the clueless, misanthropic media and their heinous coverage of Bush and his antics. Now they are doing things that I would expect to and gladly see them hang Joe Klein, Cohen, Drudge, etc. for doing.   I hope it changes back, if not before this primary is over, at least afterwards.


by andrelee on Mon Mar 24, 2008 at 08:11:34 PM EST

Re: On the rules (2.00 / 2)

Superdelegates should take into account that Hillary won both Florida and Michigan when making their choice.
That would make the count much different . Dont count them if thats the rules, but Supers should keep that in mind when they choose Hillary.
by ksecus on Mon Mar 24, 2008 at 08:12:56 PM EST

what is it with this strawman? (2.00 / 1)

Yes, the rules are the rules.  So if Obama gets 2024 pledged delegates and all the supers decide to vote for Hillary Clinton, then yes, by the rules, Hillary will be the nominee, as per the rules.

When Markos uses the word "coup", he does so not to imply that what may transpire would be against the rules, but rather that it would be contrary to the results of the primaries and caucuses, which would have quite a bad result for the party.

So all of this talk about "changing the rules" really doesn't apply--and is especially strange coming from someone who so eagerly advocates changing the rules to seat both Florida's and Michigan's delegates.


by hekebolos on Mon Mar 24, 2008 at 08:36:00 PM EST

Neither will get that close to 2024 without (none / 0)

supers, and so here is the real question you should be pondering.

What if Barack were to end up with 1820 pledged and Hillary with 1821, would you happily give the nomination to Hillary?

Without MI and FL, a plurality is the best either can do.  Is a plurality of 1 enough to go one way or the other?   I humbly submit that neither candidate will be happy losing by 1.  And supporters of whichever one that is would revolt and decamp and all become republicans.  

Well, so ... if not 1, how about 2?  Would that be enough?   No?  3?  5? 10? 20?  This is what the DNC has to decide and I don't see them exhibiting any leadership whatsoever.  I can only hope and pray that something useful is being done behind closed doors.


Reasonable people can disagree.
by mnicholson0220 on Mon Mar 24, 2008 at 09:04:28 PM EST
[ Parent ]

Re: what is it with this strawman? (none / 0)

YOu're  not paying  attention ,  hekebolos.    

Revotes  and  seating  both  Florida  and Michigan   ARE    withing  the  DNC  rules,  and   had  already  been approved  by   Dean.  

It  was    only  because  Obama  blocked those  revotes  that  they  didn't  happen.    

But  the  rules  ALLOW  for  revotes  and  seating  of  delegates,  and  doing  so   does  not  "change  the rules."  

If  Markos  or  Josh  gave  you the impression  that  it   does ,  then  they willfully  misled you  to  protect  Obama  from  blame  for  blocking    same.  

And you  have   every  right  to  doubt  their  credibility from  this  point on.  

And you have  an obligation, if you're   fair,  to understand  why    voters  in Michigan and  Florida    RESENT  Obama  for  being  the only   reason  the  revotes  were  stopped.  

Obama  said  he  would    abide  by whatever  the  DNC  decided.  

He   broke  that  promise.    

He  won't  carry  Florida  or Michigan  in the   general  election  BECAUSE  of   his  breaking  that   promise.  


by auntmo on Mon Mar 24, 2008 at 10:18:32 PM EST
[ Parent ]

Re: what is it with this strawman? (none / 0)

um...yes, we're all aware that the rules allow revotes.  Nobody ever said that it didn't.  Where did markos or josh ever give the impression that the DNC rules didn't allow revotes?


by hekebolos on Tue Mar 25, 2008 at 12:19:44 AM EST
[ Parent ]

lambert explains it to JOC (none / 0)

...at corrente. its all because of rule zero.

Rule Zero: Any rule that purports to impede Obama's selection as Democratic nominee is not really a rule.


by campskunk on Mon Mar 24, 2008 at 08:39:53 PM EST

Re: On the rules (none / 0)

"the whining about the rules comes from Kos and Josh Marshal".

what passes as whining these days sure isn't much. if I agree that if Supers vote to overturn results of a months long primary will cause problems i too might be seen as a whiner according to some.

sorry, but i can't help but see nothing less than irony in this assessment. and it dumbs down the debate by not fully understanding another's POV.

lest we not talk about campaign strategies anymore. It's no longer PC and castigates those who may not be agreeable with our own POVs.
!
by alex100 on Mon Mar 24, 2008 at 08:43:46 PM EST

Here's hoping that the gravitas of (none / 0)

these progressive "gray beards" will somehow work the magic that many ordinary bloggers with nothing to back them up but logic have been unable to accomplish over the past many weeks ... to wit, make the truth as obvious to Obama supporters as it is to the rest of us.


Reasonable people can disagree.
by mnicholson0220 on Mon Mar 24, 2008 at 08:57:59 PM EST

What's your point? (none / 0)

That Obama supporters should no longer be able to attempt to persuade superdelegates that Obama should be the nominee because he won the pledged delegate count?  That in doing so they would be advocating that we "change the rules" of the nomination process?

Honestly, the remaining supers would have to break almost uniformly for Clinton for her to secure the nomination.  Do you think that's even remotely possible?  To my untrained eye, even though it's certainly "within the rules" to do so, it'd still look like a crazy coup, because to me it seems to be entirely beyond the realm of possibility.


by atomica on Mon Mar 24, 2008 at 09:11:46 PM EST

Yes, well. Kos' hysteria has made him irrelevant (none / 0)

At as far as this issue goes.  No thinking person could take the crap he's been spewing seriously (even if, like me, you're supporting Obama). I've essentially retreated to KagroX's and McJoan's work.  


by bartimaeus blue on Mon Mar 24, 2008 at 09:13:11 PM EST

Re: On the rules (none / 0)

I'm in agreement with Jerome and others who make the case that the superdelegates are part of the equation, and that indeed, Hillary could win the nomination if the SD's decide to give their support to her.  I happen to believe that would have catastrophic consequences for the Party, but that's a political view.  If there are Obama supporters saying that somehow the SD's are bound by the rules to honor the pledged delegate total, then they are wrong.  There wouldn't be any point in having superdelegates if they were confined to simply ratifying the pledged delegate count.

And if we're going to play by the rules, then Hillary can forget about Florida and Michigan.  The rules were laid down by the DNC, and they were very clear.  So let's stick to the rules, and everything will be just fine.


by global yokel on Mon Mar 24, 2008 at 09:18:58 PM EST

Isn't it funny (2.00 / 1)

how facts keep getting in the way of all the rhetoric and spin?


Washington Woman

Progressive Blue

by kevin22262 on Mon Mar 24, 2008 at 09:28:50 PM EST

Re: On the rules (none / 0)

Democracy, yes. Dynasty, no. That is all you need to know.


by jlmccreery on Mon Mar 24, 2008 at 09:45:06 PM EST

Re: On the rules (none / 0)

I yet, I look to the right of the main page and see the delegate counter including Florida and Michigan.

Including those two illegitimate contests in the total is, undeniably, against the rules.


by digdug on Mon Mar 24, 2008 at 09:49:43 PM EST

Re: On the rules (none / 0)

Obama Rules:
  1. Rules are rules. Florida and Michigan primary votes should be ignored, because those states broke DNC rules and held primaries on forbidden dates. If we must pretend to the respect voters of those states, their votes should be allocated equally to the remaining candidates, thus rendering the votes meaningless. Why? Because rules transcend the will of the voters.
  2. Rules aren't rules. Though the role of superdelegates is to vote for the candidate whom they believe will best serve the party and the country, that is not acceptable. Why? Because "the will of the voters" transcends any rules.

by lowdowndog on Mon Mar 24, 2008 at 10:26:25 PM EST

That canard is getting tired (none / 0)

It's simply a fact that if the SD's overturn pledged delegates (barring the oft-cited live boy/dead girl discovery), it will damage the party.  That's not a pro-Obama or anti-Hillary statement, it's simply a fact.  For example, if the SD's vote against the pledged delegates to give the nomination to Hillary, I will resign my membership and elected position in the Democratic Party as I will no longer be able to honestly represent the party as democratic.  Nevertheless, I will vote for her in November.


by David in AK on Tue Mar 25, 2008 at 01:37:28 AM EST
[ Parent ]

Re: On the rules (none / 0)

I agree with this post 100%.  I believe in my heart that Florida and Michigan should be seated, unless the rules when the race started say otherwise.  I also believe that the winner should be decided by the most delegates, unless of course you have the most in popular votes and superdelegates.  I have recently come to believe that we should just trash the primary delegates all together and use an electoral map to decide the nominee.  In no way am I changing the metrics, nor do I want to disenfranchise the voters of any states.  I do want it to be noted that if you can't win the big states, then the nomination should go to the person that has won those states, despite the popular vote, delegate count and contests won.  Although I believe in the democratic system, I really don't think caucus's should count for anything, except if executed under rules that can be enforced by attorneys.

I hope I didn't confuse anyone.

-Hillary


by nbomberger on Tue Mar 25, 2008 at 04:56:59 AM EST

Your update is a bit of a waffle (none / 0)

Your quote:

I think you folks are misreading this post. Look at it a little more closely. This is a post about Obama's adherents' complaints that Clinton is trying to "change the rules."

But you quote this:

Obama, his news network NBC, and his legion of blog followers pretend they are standing for the rules. They are not.


by bookish on Tue Mar 25, 2008 at 08:16:19 AM EST

Re: On the rules (none / 0)

The Rules are definitely what the Rules are.  However, the problem in this instance is that Hillary's husband was PRESIDENT OF THE UNITED STATES.

If she wins the nomination with the Supers help even though she is trailing in the elected delegates, it will be perceived as an inside job and many of the more marginal voters who came out for Obama, including most of the Black voters, will sit out the GE.

A former devotee of Abby Hoffman is even talking about street demonstrations in Denver outside the convention hall ala 1968. As Obama said in his speech quoting Falkner: "The past is not dead.  It's not even past."  


by MikeWalk on Tue Mar 25, 2008 at 10:48:02 AM EST

Re: On the rules (none / 0)

Jerome wrote: "Heck, if you don't believe that, then check out this Google search: 177,000 hits for [Hillary ("changing the rules" OR "change the rules")]."

So I check that out. First hit? Hillary trying to change the rules in Michigan and Florida. Has nothing to do with the coup by super-delegate that she's trying to push through.

Second hit? Same thing. Third hit? Ditto. Fourth hit? Ditto.

In fact, there's not a single hit on the first page of results that involves someone accusing of Clinton wanting to "change the rules" by trying to overturn Obama's pledged delegate lead through superdelegates.

So I guess I have three points here:

1. Did you even bother looking at those search results before posting them as "evidence" of your claim? If you did, how did you fail to notice that they don't support your claim at all?

2. Saying "I don't think that the superdelegates should vote to overturn the results of the pledged delegates and/or the popular vote" is not, in fact, advocating for a change of the rules. Saying "the consequences of that would be bad" is not, in fact, advocating for a change of the rules.

Superdelegates are free to vote however they want for whatever reasons they want. Advocating the pros and cons of various choices they might make is not, in fact, changing the rules.

3. Don't you find it horribly hypocritical to say, "The rules. They were agreed to in advance by both sides. Like them, or argue to change them for next time, but lets quit denying what they are." When just a few days ago you were advocating for rule changes in Florida and Michigan?


www.thealexandrian.net
by Justin Alexander on Tue Mar 25, 2008 at 06:25:13 PM EST


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