DNC lawyers rebuff Clinton on delegates

WASHINGTON – Sen. Hillary Rodham Clinton’s prospects of persuading Democratic officials to override party rules and recognize all delegates selected in the Florida and Michigan primaries suffered a setback Wednesday after lawyers for the party ruled that no more than half of those delegations could be legally recognized.

Democratic National Committee lawyers wrote in a memo that the two states must forfeit at least half of their delegates as punishment for holding primaries earlier than DNC rules allowed. Clinton, D-N.Y., prevailed in both contests, although the Democratic candidates had agreed not to campaign in Florida and Michigan, and Sen. Barack Obama, D-Ill., removed his name from the Michigan ballot.

The DNC’s Rules and Bylaws Committee is scheduled to meet Saturday to make a final determination on Florida and Michigan, which would have collectively awarded 368 convention delegates. But in the memo, party lawyers determined that full restoration, as sought by Clinton, would violate DNC rules, although it did note a loophole that would allow her to carry the challenge to the first day of the Democratic National Convention in late August.

Obama campaign manager David Plouffe told reporters that the senator from Illinois is prepared to forfeit a portion of his delegate lead, as part of a compromise to resolve the Florida and Michigan flap. “We don’t think it’s fair to seat them fully,” Plouffe said of the two delegations. But he added, “We’re willing to give some delegates here” in order to put the matter to rest.

If the current delegate tally were to hold, Plouffe said, Obama could pull to within about 10 delegates of the 2,026 needed for the nomination, assuming he wins the South Dakota and Montana primaries as expected on Tuesday. The Saturday meeting is likely to increase the threshold, possibly by several dozen delegates, but campaign officials said they are confident that uncommitted superdelegates will quickly move to endorse Obama, pushing him over the finish line as early as Wednesday morning.

Plouffe said the campaign is not stockpiling superdelegates to roll out en masse, as many political observers have speculated. “We announce superdelegates as they commit to us,” he said. But he said mid-next week would be “a natural time” for those who have not picked sides to finally break.

Obama is already acting like a general-election candidate. He spent the past three days in New Mexico, Nevada and Colorado – three states that held Democratic caucuses months ago but that are expected to be swing states in November.

Clinton visited South Dakota on Wednesday, including a stop at Mount Rushmore. Obama aired a new TV ad in Puerto Rico, which votes Sunday, and will depart Friday on a final three-day swing through Montana and South Dakota. Clinton is expected to spend the weekend in Puerto Rico, the biggest delegate prize of three remaining contests, where she is favored.

But her best hope for late gains is at the DNC meeting on Saturday. Clinton supporters are organizing a “Count Every Vote” rally outside the meeting site and have bombarded committee members with phone calls and Florida oranges to press their case.

Obama’s campaign sent a mass e-mail to supporters Wednesday, urging them not to descend on the event. Plouffe said the campaign could easily muster “thousands, if not tens of thousands, of people” to counter Clinton’s turnout, but said he wants to avoid an “unhelpful scene at the close of the nomination fight.”