DNC's Hot Ticket

May 27, 2008— -- Saturday's Rules and Bylaws Committee meeting on Michigan and Florida is now being called "the hottest ticket in town".

While the tickets did not exactly go in a minute (that was just a DNC Internet person being "flip" according to an informed source), the tickets were snatched up in 3 minutes, prompting CNN to compare it to the reportedly 12 minutes it took Hannah Montana to sell out the "much larger" Verizon Center earlier this year.

If you can't wait until Saturday to talk about the justice of the punishment meted out by the DNC, a federal district court in Tampa, Fla., will hear arguments Wednesday in the re-filed DiMaio case.

Florida Democratic Party activist Victor DiMaio is challenging the DNC's decision to strip Florida of all of its delegates by arguing that Dr. Dean's party violated federal law by discriminating against Florida on the basis of race and national origin.

DiMaio is arguing that the DNC's rule was unfair and discriminatory because the Democratic Party took into account racial and ethnic origin diversity in choosing Nevada and South Carolina as two of the four states allowed to hold their contests before Feb. 5.

DiMaio's case is on cross motions for summary judgment.  DNC lawyer Joe Sandler will argue it for the DNC.

The DNC is confident that the court will throw out the case -- perhaps as early as Wednesday.

The DNC's confidence is based on two points: (1) courts have recognized the right of political parties to establish and enforce their own rules; and (2) the DNC plans to point to Saturday's meeting of the Rules and Bylaws Committee meeting as "the right forum" to resolve this matter.

For those tracking lawsuits against the DNC, the DiMaio case is the not the only one out there.

Florida Senate Democratic Leader Steven Geller has a case of his own which rests, in part, on due process grounds.

"You have to follow your own rules," Geller told ABC News. "Their rule say that they have to do an investigation. . . They never contacted me and I'm the Senate leader . . ."

Geller, who filed his suit in federal court last week, says that if the DNC had met its obligation to conduct an investigation, he would have told them that Florida Republican legislators had put Florida Democratic legislators in a box by forcing them to violate either the DNC's rule requiring a paper trail or the DNC's rule requiring a late primary. The DNC acknowledges that it did not meet with Geller as part of its investigation but it maintains that the Florida leaders at all levels were "fully briefed."

Geller attorney Richard Epstein hopes to file his request for an injunction (asking the court to force the DNC to seat all of Florida's delegates) on Thursday or Friday of this week. Both Geller and Epstein are with the law firm of Greenspoon Marder.

Note: the resolution of the Geller case will likely come long after Saturday's Rules and Bylaws Committee meeting since the DNC will likely have 10 business days to reply to the request for an injunction and Geller would likely have 10 days to respond to the DNC's response.

Geller's attorney says that the only way he will drop his lawsuit is if the DNC's rules panel agrees to seat all of Florida's delegates.

"We would be thrilled if the Rules and Bylaws Committee decided to make this lawsuit completely moot," said Epstein. "If" the Rules and Bylaws Committee agrees to seat all the delegates, "we will be happy to work with counsel to dispose of the lawsuit."

The kicker:

"It was one of the most brutal things I've ever been through."

-- Sen. Jim Webb, a Vietnam veteran and Obama veep prospect, on his 2006 race in the forthcoming Sunday New York Times Magazine

On the campaign front. . .

BARACK OBAMA

-- Tours Mapleton Expeditionary School of the Arts, Thornton, CO

-- 1:30 pm ET: Attends town hall meeting with voters, Thornton, CO

HILLARY CLINTON

-- 2:30 pm ET: Attends event with voters, Kyle, SD

-- 8:00 pm ET: Attends rally with voters, Rapid City, SD

BILL CLINTON

-- 9:00 am ET: Visits Taller de Fotoperiodismo, San Juan, PR

-- 10:15 am ET: Attends event with voters, Bayamon, PR

-- 12:00 pm ET: Walks through Old San Juan, PR

-- 1:30 pm ET: Attends event with voters, Bayamon, PR

As for the Republicans. . .

JOHN MCCAIN

-- 1:45 pm ET: Attends town hall meeting with voters, Reno, NV

-- 3:00 pm ET: Attends fundraiser with supporters, Reno, NV

-- 8:30 pm ET: Attends fundraiser with supporters, Los Angeles, CA

At the White House. . .

PRESIDENT BUSH

-- 12:00 pm ET: Delivers commencement address at the Air Force Academy, Colorado Springs, CO

-- 4:30 pm ET: Attends a McCain for President and Republican National Committee Victory Reception, Salt Lake City, UT

-- 9:25 pm ET: Attends a McCain for President and Republican National Committee Victory Reception, Park City, UT

COMMERCE DEPARTMENT

-- 8:30 am ET: Releases the durable good report for April

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