As Hillary Clinton holds a rally in Michigan this morning to press for a do-over nomination contest, the Democratic National Committee's rules committee has issued an opinion that the working plan could pass muster.
"Our review of this legislation indicates that it would, in fact, fit within the framework of the Rules if, it were, passed by the state legislature and used by the Michigan State Democratic Party as the basis of drafting a formal Delegate Selection Plan," the memo says.
But Barack Obama's campaign issued a memo of its own this morning that lays out all the problems with a re-vote.
The proposal in play for a June 3 primary would unconstitutionally disqualify voters who cast ballots in the Republican primary in January, which unlike the Democratic primary, officially counted.
The plan would never win approval in time from the Justice Department under the Voting Rights Act, the memo says. There's no way an election can be fairly and adequately prepared in time.
And the idea that private donors, or the campaigns themselves, would pay for the primary could be legally problematic. "It is therefore well within the realm of possibility that such a case will be made, subjecting the party and its candidates to potential liability," the memo says.
The Clinton campaign is accusing Obama of being the lone roadblock to a re-vote. "On February 8, 2008, Barack Obama stood in the aisle of his airplane and told reporters that he would be 'fine' with a new primary in Michigan if it could be done in a way that gave him and Senator Clinton time to make their respective cases and the DNC signed off. Since then, such a plan has garnered broad support from top Michigan lawmakers and the DNC has given its blessing," the Clinton camp said in a memo. "So Barack Obama is on board, right? Guess again. It turns out that his comments about being fine with a re-vote if the above conditions were met were just words."
UPDATE: Obama accused Clinton of being "completely disingenuous" on Florida and Michigan, telling CNN that she didn't show concern for the voters in the two states until "it looked like she would have no prospects of winning the nomination without having them count."
"I understand the politics of it, but let's be clear that it's politics," he said in the CNN interview scheduled to air tonight.
Clinton won the Michigan primary, but Obama's name wasn't on the ballot because Democrats had agreed not to campaign in the state after the DNC penalized the state party for holding the primary earlier than allowed. The DNC also punished Florida, which Clinton also won, for the same reason.
Clinton badly needs the delegates from Florida and Michigan to have any hope of catching Obama in the delegate count.
UPDATE: At the Detroit rally, Clinton said millions of Democrats would be disenfranchised if the two states' delegates aren't seated.
"I think that's wrong and frankly un-American," she said. "We can't let that continue. Every voice should have the chance to be heard, and every vote counted."
Clinton sought to compare the dispute to the fight for voting rights during the 1960s. She said one reason that Democrats will have a historic nominee -- either the first woman or the first African-American -- is because that struggle was successful.