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GELLER: I'm hoping that they're going to read the lawsuit and say, oh, my God, I can't believe, they're going to win this, so we better, on May 31, moot the lawsuit and seat their whole delegation. If not, if they don't do it voluntarily, I expect a federal judge will tell them to seat our whole delegation.
DOBBS: Well as you know, Congresswoman Kareen Brown (ph) put it I think about articulately, as straightforwardly as you can, saying, point-blank, the congresswoman saying to the Democratic National Committee, either count us now or don't count on us later. Senator Hillary Clinton articulating exactly what she means, apparently saying Democratic voters in both Michigan and Florida are thinking that if the Democratic Party doesn't want their votes, perhaps John McCain and the Republican Party will in November.
GELLER: There have been three polls done, one of which I commissioned, in Florida, all showed that between 25 percent and 30 percent of likely Democratic voters would either stay home or vote Republican if they don't seat our delegation. The DNC wants a chance to carry Florida and carry our contested congressional seats, they must seat our delegation.
GELLER: Well, first of all, they're wrong. Most of the lawsuits that have been filed, the DNC is correct. The case law shows that the DNC has the right to prevail over state law. Our lawsuit recognizes that, but also points out three things.
First of all, equal protection. They want to punish all the states that meet early they can, but they gave wavers to Iowa, New Hampshire, and South Carolina, which also broke the rules.
Secondly, procedural due process; their own rules state that they must conduct an investigation before they punish a state if it's based on what happened in the Legislature. In Florida, they failed to do so, they must follow their own rules.
DOBBS: Very quickly, if you would, Senator.
GELLER: Very quickly. In 2000 I was an election monitor in our -- the Gore/Bush fight. The DNC said then, make sure every vote counts. Now they're saying, either don't count any votes or maybe we'll count half votes. That's not OK. Count our votes in Florida.
DOBBS: Senator, let me ask you as we conclude, you have filed a lawsuit against the Democratic National Committee.
DOBBS: The voters in Michigan, outraged and upset that they've been disenfranchised by the Democratic National Committee. The same is true of the 1.75 million Democratic voters in Florida. Senator Clinton has said, in effect, in a veiled, straightforwardly, to me, a threat, saying that Democratic voters in both states will be entertaining going to McCain and the Republican Party if the Democratic Party does not reinstate and recognize their votes. Today we have seen a remarkable, unexpected escalation in this battle for the presidential nomination between these two candidates, have we not?
GELLER: Well, all I'm saying is count our votes. I happen to agree with Senator Clinton to count our votes, but I'm not supporting Senator Clinton or Senator Obama. I want our votes counted, but I'll tell you, if they don't count our votes, they won't get our votes in November. That's an accurate statement. And it will hurt not only the president, but our congressional and our other legislative races.
DOBBS: Senator Steven Geller, good to see you.
GELLER: Lou, always a pleasure. DOBBS: Thank you.
Well let's turn now to our CNN legal analyst, Jeffrey Toobin. Jeffrey has just joined us. You've just heard Senator Geller, who has filed that lawsuit in federal court. He says he has a case, irrespective of the two cases cited by the Democratic National Committee. He means to win and knowing Senator Geller, he's not kidding.
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: I'm sure he's not kidding. And I think he's right on the politics, but I think he's wrong on the law.
TOOBIN: Because the Supreme Court starting in 1972 and in a series of cases since then has said that political parties are allowed to make their own rules. And that they are allowed to set schedules, allocate delegates in ways that they think will help their candidates win, even if it doesn't abide by things like equal protection, one man, one vote.
And so I think the courts are going to say, this is a Democratic Party issue. It's not something for the courts.
DOBBS: All right. You've just heard also, Senator Geller explain why he believes that his case is outside that precedent and goes well beyond it. You're unpersuaded?
TOOBIN: I'm not persuaded. I don't think his citation of procedural due process, equal protection, Section Five of the Voting Rights Act makes any difference. These -- this is -- courts hate to get in the middle of political controversy. Bush v. Gore was very much the exception. That was not a happy experience for the judiciary.
No court wants to get involved. I think what everyone is hoping, including the judges who get this case, is that on May 31st, the Democratic Party figures out a way to compromise, settle this problem in both Michigan and Florida, so that it doesn't have to fester as it has.
DOBBS: In his -- I think the festering is over. This looks like a declared war, certainly on the part of the state of Florida. One could not argue against their frustration and their disappointment with the Democratic National Committee. It seems pretty clear that Howard Dean has become a significant problem, rather than a man who should be orchestrating solutions.
DOBBS: Oh, it's not his problem.
DOBBS: I think it's his responsibility.
TOOBIN: Well, but I think Barack Obama is the person who's really responsible at this point. He's the front-runner. He's the presumed nominee. Show some leadership. Show the Democratic Party how to solve this problem. He's supposed to be a problem-solver. This is not the Middle East.
DOBBS: (INAUDIBLE) suggest that, that precisely what the Obama campaign knows. They jeopardize their standing going into June 3.
DOBBS: I couldn't agree with you more.
TOOBIN: Michigan and Florida is a bigger problem, and they need to settle it on May 31, or it's just going to continue.
DOBBS: Absolutely and it's very clear. As you heard Steven Geller, who is one of the top Democrats in the state of Florida saying those votes are not going to be going to the Democratic candidate in November. That's about as clear a statement that you can make that Howard Dean and the Democratic National Committee have committed, I think, what we could easily say is a tremendous mistake.
TOOBIN: In two of the most important states for a Democrat to win.
DOBBS: Utterly brilliant, the Democratic leadership. Thanks very much, Jeffrey Toobin. Jeff will be coming back with us as we examine other issues. We'll be talking about some very important developments today in that polygamy case in Texas, extraordinary developments, also legal, brought to you by our court system. Jeffrey Toobin will rationalize all of that for us.
And as we reported, Senator Clinton has repeatedly insisted that those primaries in Florida and Michigan count. Clinton is telling her supporters that Republicans will benefit if the Democratic National Committee refuses to count those Florida and Michigan votes.
SEN. HILLARY RODHAM CLINTON (D-NY), PRESIDENTIAL CANDIDATE: If Democrats send the message that we don't fully value your votes, we know Senator McCain and the Republicans will be more than happy to have them. The Republicans will make a simple and compelling argument. Why should Florida and Michigan voters trust the Democratic Party to look out for you when they won't even listen to you?
DOBBS: Senator Clinton says the Democratic Party must have a nominee who represents all 50 states, not only 48. But Clinton's home state governor, David Paterson, a Clinton supporter and superdelegate today said she's becoming, as he put it, a little desperate. Governor Paterson saying it's time for Senator Clinton to give up her efforts to force the Democratic Party to count votes from Florida and Michigan. He says Clinton is unlikely to beat Senator Obama, all of this, as he supports of course Senator Obama.
That brings us to the subject of our poll: Do you believe the votes of Florida and Michigan Democrats should be counted?
What a question to ask in America, don't you think?
Yes or no? Cast your vote at loudobbs.com. We'll pass on the results to Howard Dean and the Democratic National Committee, as well as report them to you at the end of this hour.
Senator McCain today abruptly reversed course and rejected the endorsement of the controversial minister, John Hagee. Senator McCain issued his statement after the release of an audiotape in which Hagee said the acts of Adolf Hitler during the Holocaust were part of God's will. At least that is the interpretation of what he said.
Brian Todd who broke this story on CNN reports now from Washington -- Brian?
BRIAN TODD, CNN CORRESPONDENT: Lou, for months now, Pastor Hagee, a key endorser of John McCain's has been under fire for past remarks he made about the Catholic Church. Comments he has since apologized for. McCain did not repudiate Pastor Hagee's endorsement during that period. But within the last couple of hours, he's made a dramatic turnaround after our questions about Hagee's sermons about the Holocaust.
TODD (voice-over): John McCain how rejects an endorsement that was once seen as critical to his conservative credentials.
PASTOR JOHN HAGEE, TELEVANGELIST: John McCain will be a strong, courageous and effective leader from the first day he steps into the Oval Office.
TODD: Pastor John Hagee, a popular televangelist from San Antonio with a 19,000-member church and a TV ministry seen around the world. McCain's campaign tells us when Hagee endorsed McCain in February, McCain was not aware of remarks Hagee had made in a sermon years earlier. Hagee cited biblical passages, spoke of what he believed was God's plan to bring the Jews back to Israel.
HAGEE: God says in Jeremiah 16, behold I will bring them, the Jewish people again into the land that I gave unto their fathers. Behold, I will send for many fishers, and after will I send for many hunters and they the hunters shall hunt them. That would be the Jews.
TODD: Hagee then says those Jews who didn't follow Zionism founder back to Israel went through the Holocaust.
HAGEE: Then God sent a hunter. A hunter is someone who comes with a gun, and he forces you. Hitler was a hunter.
TODD: These passages were recently posted by blogger Bruce Wilson (ph), an admitted critic of Hagee and the religious right. Wilson told us he voted for Hillary Clinton, but was not steered toward this by any Democratic operatives. Pastor Hagee would not do an interview with us, but issued a statement saying he had been intentionally mischaracterized, and "to assert that I in any way condoned the Holocaust or that monster Adolf Hitler is the biggest and ugliest of lies."
RABBI DAVID SAPERSTEIN, RELIGIOUS ACTION CTR. REFORM JUDAISM: The notion that the Holocaust was part of God's plan is a way of punishing the Jews is a deeply, deeply troubling assertion that should be repudiated by all people of conscience.
TODD: John McCain not only repudiates Hagee's remarks, but now says in a statement to CNN, "I feel I must reject his endorsement as well." McCain says Hagee's never been his pastor and the campaign says the candidate never had the kind of relationship with Hagee that Barack Obama had with Reverend Jeremiah Wright.
Hagee reacted by saying he's tired of baseless attacks, that they've become a distraction. And quote, "I have therefore decided to withdraw my endorsement of Senator McCain for president." But McCain's got another pastor problem.
PASTOR ROD PARSLEY, TELEVANGELIST: Islam is an anti-Christ religion that intends through violence to conquer the world.
TODD: Pastor Rod Parsley, another popular televangelist who also endorsed McCain in February.
IBRAHIM HOOPER, COUN. ON AMER. ISLAMIC RELATIONS: It was shocking to hear that Senator McCain would associate himself with someone who holds such bigoted views against Muslims and Islam.
TODD: The Council on American Islamic Relations is calling on McCain to repudiate Parsley's endorsement as well. A McCain spokesman says the senator rejects those remarks, says it's entirely inconsistent with what McCain believes, but they are not rejecting the endorsement at the moment. McCain's aid says this was purely a political endorsement and they don't know each other well -- Lou. DOBBS: They don't know each other well? I mean this is becoming absurd. And you're saying CAIR is involved in this. We're listening -- I mean, CAIR is a highly controversial group, purporting to represent Muslims in this country itself.
TODD: They are. They have been involved in some controversies. But they are unequivocal here, saying he's got to repudiate this endorsement, he's got to go back on this.
DOBBS: My question is, Brian, is why would we even be quoting them, given their track record? I mean they're not exactly the pristine representatives of the Muslim people in this country, are they?
TODD: Well they are often looked to for reaction to these kinds of things.
TODD: And they do weigh in. I mean they're not without controversy themselves. But it's important to point out that Pastor Parsley, also for his point, says that -- his response there was -- this was in response to militant Islam. His spokesman told us that Pastor Parsley believes that Christians should be supportive of moderate and peaceful Muslims.
DOBBS: I don't think too many people would argue with that one. Brian, it looks like religion in the public square right now, it's quite a dustup for all of these candidates. Thank you very much, Brian Todd, great reporting.
DOBBS: Still ahead here, new evidence of the Bush administration's outright support for corporate elites and special interests.
Lisa Sylvester will have our report -- Lisa.
LISA SYLVESTER, CNN CORRESPONDENT: Lou, the Department of Labor makes changes to the H-2B program. Critics say it will make it easier to bring in cheap foreign labor, all without congressional approval -- Lou.
DOBBS: Maybe we should call the Labor Department the cheap Labor Department under this administration. Lisa, we look forward to your report. Thank you.
Also new efforts to win justice for imprisoned border patrol agents, Ramos and Compean. We'll have that special report.
DOBBS: The Bush administration again putting the interest of big business ahead of the people's interest; the Labor Department changing the rules unilaterally of its H-2B temporary worker visa program. Those changes will make it even easier for companies to hire cheap foreign labor instead of American workers.
Lisa Sylvester has our report from Washington.
SYLVESTER (voice-over): U.S. businesses bring in 66,000 foreign workers every year to work seasonal jobs in landscaping, at restaurants, and hotels. The program known as the H-2B temporary worker visa program requires companies first offer the jobs to U.S. workers. Now the Department of Labor is overhauling the program to, quote, "remove duplicative bureaucracy". The proposed regulations would change the definition of temporary worker from 10 months to three years. Critics say the new regulations would undercut American workers and reduce U.S. wages.
ROSS EISENBREY, ECONOMIC POLICY INSTITUTE: They'll be able to offer a substandard, even a poverty wage, have U.S. workers decline it and then reach overseas and pay transportation costs and housing to bring people in from other countries instead of paying a decent wage to U.S. workers.
SYLVESTER: Business groups have lobbied Congress to expand the H-2B program above its current cap of 66,000 workers since comprehensive immigration reform failed to pass on Capitol Hill. Dan Musser, president of the Grand Hotel, a famous resort hotel in Michigan, told a congressional committee his hotel hires 300 temporary workers every summer and he welcomes any changes making it easier to bring in foreign workers.
DAN MUSSER, GRAND HOTEL: It would be extremely difficult, if not impossible, for us to continue and operate successfully without these H-2B workers. They are the life blood of our seasonal business.
SYLVESTER: The new rule changes do not require congressional approval. The Department of Labor responding to critics who say the proposal will hurt U.S. workers said, quote, "nothing in our proposal changes the contours of the H-2B program that was created by Congress. There is nothing here that lessens the requirement that you have to first recruit U.S. workers and take affirmative steps before you hire a foreign worker."
SYLVESTER: Another major change is that employers would no longer have to send in proof that they advertised the position to U.S. workers. They would only have to sign a paper attesting that they've fulfilled this requirement. The Department of Labor says it will audit those and violators could face up to a $10,000 fine and could be barred from the program up to three years -- Lou. DOBBS: Another Bush administration free market police yourself kind of deal. Just -- one good piece of news in all of this is that in the Senate, from the Iraq war funding bill, they stripped the H-2B legislation that had been amended to it. Lisa, I mean, what is the reaction here? I mean, this is -- why now? Do we know what is going on with this so-called Labor Department? As I say, it's a cheap Labor Department?
DOBBS: Did the Labor Department in any way, Lisa, say you know this is something that the American people made it clear to the United States Senate last summer they didn't want, and therefore we think we should follow the people's will too, because this is a democracy and the rule of majority does still does matter a little, at least even to this administration?
SYLVESTER: We did an extensive interview with them, and they did not say that, Lou.
DOBBS: Lisa, thank you very much. Appreciate it. I want to be very clear. We did invite the Secretary of the Department of Labor, Elaine Chao, to join us here tonight. She was unable to make it. Secretary Chao has an open invitation, I assure you, to join me anytime here. I should let you know also despite our repeated invitations to be with us, it's been five years since the last time Secretary Chao was a guest on this broadcast. Apparently we have different views that somehow she finds unsettling.
New efforts are underway tonight in the fight to secure the freedom of imprisoned border patrol agents, Ignacio Ramos and Jose Compean. Attorneys for Ramos tonight are arguing for his immediate release on bond and the prosecutor in charge of this case, U.S. Attorney Johnny Sutton, the man who brought these charges is facing an ethics complaint for his handling of the Ramos and Compean case.
CASEY WIAN, CNN CORRESPONDENT (voice-over): Attorneys for imprisoned border patrol agent Ignacio Ramos have filed a motion with the Fifth Circuit Court of Appeals seeking his immediate release. Ramos and fellow agent Jose Compean are appealing their convictions for shooting and wounding an illegal alien drug smuggler and covering it up.
Ramos was sentenced to a year in prison, plus another 10 years for using a gun to commit a crime. Compean received two years, plus the 10-year gun charge. Because Ramos has already served more than a year, his attorneys say he should now be released on bond, because the appellate court is likely to overturn the 10-year gun charge. REP. TED POE (R), TEXAS: Neither one of these individuals are a flight risk. They're never going to run away from any sentence if they have to serve it. So I think it's an excellent motion. But on the other hand, the U.S. attorney's office continues to be relentless in making sure that they stay behind bars.
WIAN: Federal prosecutors filed a motion opposing bond for Ramos, saying his convictions on all counts should be affirmed. Texas U.S. Attorney Johnny Sutton has been harshly criticized by some for overseeing a prosecution that portrayed the smuggler, Osvaldo Aldrete Davila, as a low-level mule.
Prosecutors persuaded a judge to prevent jurors from hearing about Davila's drug-smuggling backyard. Defense attorneys say that would have bolstered Ramos and Compean's claim they believed he was armed. Now a group called Christians Reviving America's Values has filed an ethics complaint against Sutton with the Texas State Bar.
REV. DON SWARTHOUT, PRESIDENT, CRAVE: He twisted facts. He kept facts out of the trial and as far as I'm concerned, he should lose his law license, should be disbarred from practicing law in the state of Texas.
WIAN: Swarthout's group accuses Sutton of quote, "misleading statements." The Texas State Bar would neither confirm nor deny that an ethics investigation of Sutton is underway. Sutton's office declined to comment on the complaint.
WIAN: Compean's attorney was not available to discuss whether he will also seek bond for his client. Both Ramos and Compean are still waiting for a decision from the Court of Appeals, which could of course overturn their convictions and set the men free. At a hearing in December, two of three appellate judges criticized the prosecution of the agents, Lou.
DOBBS: It's been just almost half a year now since the case was heard. Is there any indication about why the appellate court is taking such, by any measure, historically long period of time in which to render a decision?
WIAN: Supporters of the agents are scratching their heads, Lou. They have no idea why this is taking so long. They are choosing to view it as a good sign and that the judges are taking this case very seriously and perhaps trying to reach a decision to overturn what a lower court did is a little more difficult than just reaffirming what the lower court did. At least that's what supporters of the agents are saying, Lou.
DOBBS: I suppose it would be too much to ask for an investigation to be ordered by the appellate court at the same time it rendered its decision of the prosecutor and the trial judge both for their -- for what they permitted to occur there?
WIAN: I suppose so. But I will say this, supporters of the agents are hoping for a very quick decision on this bond motion. So if it does go in Agent Ramos' favor, there is a chance that at least he could be out sometime soon, Lou.
DOBBS: Well let's hope justice prevails and that he is out. Casey, thanks very much. Casey Wian.
Coming up, a left-wing advocacy group calls itself a watchdog group attacking me and this broadcast over illegal immigration and hooking up with the Congressional Hispanic Caucus who wants to make it a racial issue. I'll be talking with Paul Waldman. He's one of the authors of a report that says, "I serve up a diet of fear about illegal immigration."
Oil and gasoline prices continue to soar while oil executives are on Capitol Hill defending their actions and their profits.
An important ruling in the Texas polygamy case and what it could mean for hundreds of children. What's happening in Texas? We keep asking that question quite frequently here, don't we?
DOBBS: Crude oil prices today soaring to a new high of more than $135 a barrel before falling back and then closing at $131. Prices setting record highs, seemingly on a daily basis. And that's pushing gasoline prices higher, as well. Gas now at a national average of more than $3.80 a gallon.
And the debate over who's to blame for those high prices continuing on Capitol Hill today. Oil company executives being grilled by House lawmakers. The oil companies claiming they're not at fault for making excess profits.
Steven Simon of ExxonMobil argued his company invests more in energy development than it earns. Congresswoman Maxine Waters, she wasn't so impressed.
REP. MAXINE WATERS (D), CALIFORNIA: We know that the compensation of the executives is very high. We know that you get your bonuses. We know that you spend a lot on promotion. So we don't -- we don't like to hear that you are broke.
DOBBS: Simon responded his company invested $21 billion last year alone to bring new oil and gas supplies to the market.
The executives also saying, fundamental economic factors, such as strong demand from developing nations, a weak dollar, and speculation, all contributing to those price increases.
The upcoming Atlantic hurricane season, we're told, again could have an effect on gasoline prices. Government forecasters again predicting a more active-than-normal hurricane season. The National Oceanic and Atmospheric Administration predicting between six to nine hurricanes to form this season, 12 to 16 named storms. That forecast also calls between two to five major hurricanes.
An average season has about six hurricanes, two of them major. And by the way, this would be the third year, if they are wrong, that they have blown a forecast.
Colorado's governor tonight declaring a state of emergency, calling out the National Guard. That after tornadoes cut through northern Colorado. One person, today, killed in the town of Windsor as a twister touched down along Colorado's Front Range.
The tornado dropped golf-ball-sized hail, tore roofs off buildings in towns about 80 miles north of Denver. About 100 or more homes damaged by those tornadoes.