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Delivered-To: john.podesta@gmail.com Received: by 10.142.49.14 with SMTP id w14cs432634wfw; Mon, 20 Oct 2008 06:43:43 -0700 (PDT) Received: by 10.90.32.14 with SMTP id f14mr3430658agf.118.1224510222107; Mon, 20 Oct 2008 06:43:42 -0700 (PDT) Return-Path: <cvarney@hhlaw.com> Received: from mail.hhlaw.com (mail.hhlaw.com [67.132.198.51]) by mx.google.com with ESMTP id 6si9754440wrh.39.2008.10.20.06.43.41; Mon, 20 Oct 2008 06:43:42 -0700 (PDT) Received-SPF: pass (google.com: best guess record for domain of cvarney@hhlaw.com designates 67.132.198.51 as permitted sender) client-ip=67.132.198.51; Authentication-Results: mx.google.com; spf=pass (google.com: best guess record for domain of cvarney@hhlaw.com designates 67.132.198.51 as permitted sender) smtp.mail=cvarney@hhlaw.com Received: from [10.0.14.10] by mail.hhlaw.com with ESMTP (SMTP Relay ( Email Firewall v6.3.2)); Mon, 20 Oct 2008 09:43:34 -0400 X-Server-Uuid: 708CF15F-C3DD-45C3-9F65-690BD500CE1B Received: from dcexmb02.HH.LOCAL ([10.0.14.13]) by dcex01.HH.LOCAL with Microsoft SMTPSVC(6.0.3790.3959); Mon, 20 Oct 2008 09:43:29 -0400 Content-class: urn:content-classes:message MIME-Version: 1.0 X-MimeOLE: Produced By Microsoft Exchange V6.5 Subject: Going into independent agencies Date: Mon, 20 Oct 2008 09:43:00 -0400 Message-ID: <3099A01118DF744597F8EABF6E746C9E0233F19D@dcexmb02.HH.LOCAL> X-MS-Has-Attach: X-MS-TNEF-Correlator: Thread-Topic: Going into independent agencies thread-index: AckxFpA/a/vAJGO0RUq7eyGxZjjATgAgdVKGABpx5+AALcu+gA== From: "Varney, Christine A." <cvarney@hhlaw.com> To: "Froman, Michael B " <fromanm@citi.com>, john.podesta@gmail.com, "Stern, Todd" <Todd.Stern@wilmerhale.com> Return-path: cvarney@hhlaw.com X-OriginalArrivalTime: 20 Oct 2008 13:43:29.0507 (UTC) FILETIME=[D5DBF330:01C932B9] X-TMWD-Spam-Summary: TS=20081020134337; ID=1; SEV=2.3.1; DFV=B2008102010; IFV=NA; AIF=B2008102010; RPD=5.03.0010; ENG=NA; RPDID=7374723D303030312E30413031303230412E34384643384230362E303146442C73733D312C6667733D30; CAT=NONE; CON=NONE; SIG=AAAAAAAAAAAAAAAAAAAAAAAAfQ== X-MMS-Spam-Filter-ID: B2008102010_5.03.0010 X-WSS-ID: 64E2548F3CK80003-02-01 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: quoted-printable See below - have we thought through sending teams into independent (non executive branch) agencies=3F In 92 we did not for the reasons discussed below.=20 -----Original Message----- =46rom: Varney, Christine A.=20 Sent: Sunday, October 19, 2008 12:09 PM To: 'Froman, Michael B ' Cc: lisabrown3660@gmail.com Subject: RE: Agency Review Teams The actual names for the agencies I know look fine, with one suggested switch. You have Phil Weiser doing both DoJ antitrust and FTC. I would keep Phil at FTC and move Bill Baer (currently listed for FTC) over to DoJ antitrust. I have talked to Lisa about a bigger overall concern with independent agencies e.g. those agencies specifically NOT in the executive branch. At the SEC, CFTC, FEC< and the FTC 90% of what they do is law enforcement - investigate and bring cases. During the Transition (and even in the WH) we can't know anything about that. To the extent these agencies "make policy" it is largely through the cases they bring and to a lesser extent through rulemaking. Rulemaking (a lot of which the FCC does) is governed by the Administrative Procedures Act and any conversations with anyone about a proposed or ongoing rule must be publicly disclosed, recorded, etc. I don't know if there are specific rules about going into independent agencies, but as I recall in 92 at the end of the day we decided the risks of appearing to involve the transition personnel in ongoing law enforcement or rulemaking were just too high and we did not go in. There is also - arguablely - a separation of powers issue as these are not executive branch entities. We concluded that everything we needed to know we could get from people familiar with the agencies and the public record. Obviously we have concerns like this at DoJ, but there are more controls in place there than at the agencies, and it is part of the executive branch. c I would be interested to know if we have done any thinking or analysis on this. Hate to raise a question with out answering it, but this one is worth it.. C =20 -----Original Message----- =46rom: Froman, Michael B [mailto:fromanm@citi.com] Sent: Saturday, October 18, 2008 11:12 PM To: James.Rubin@bcpartners.com; gaylesmithgayle@gmail.com; Varney, Christine A.; fpena@vestarden.com Cc: cbutts.obama08@gmail.com; lisabrown3660@gmail.com Subject: Fw: Agency Review Teams Attached is the latest version of the Agency Review teams. It is a closely held document, so please treat it with the same sensitivity as ours. If you all could take a quick look at the lists for the agencies in your area, that would be helpful. I think the hope is that, while there are no guarantees, some of the people on these lists might make their way into the agencies ultimately. Our role, therefore, is to check whether there is much overlap between the names here and the names were seeing/generating for sub-cabinet positions in each agency. There doesn't need to be total overlap, but if there is a total disconnect, it would probably be better to rectify that now vs. later. I hate to ask, since I just send you another long spreadsheet to check, but if you could do this tomorrow and get back to Lisa (copied here) and myself, that would be great. Thanks. ----- Original Message ----- =46rom: Lisa Brown <lisabrown3660@gmail.com> To: Froman, Michael B [CAI]; cbutts.obama08@gmail.com <cbutts.obama08@gmail.com> Cc: Gips, Don <Don.Gips@level3.com>; Melody Barnes <mbarnes@barackobama.com> Sent: Sat Oct 18 07:41:42 2008 Subject: Agency Review Teams Mike and Cassandra, =20 Attached please find a draft of the proposed agency review teams. The proposed teams were largely put together by the member of our working group responsible for the particular agency, incorporating suggestions =66rom a variety of sources (us, Board, other working group members, policy teams). We encouraged them to think carefully about the optics of the teams since they will be public, and to try to include people of diverse ethnicity, geography, employer etc. without creating unwieldy teams. In the interest of time, we are sending you the list before Don, Melody and I review it -- we are meeting later today to go over it. It is a draft, and we look forward to your input. We will likely turn around another draft after talking today and before meeting with John tomorrow, so feel free to send suggestions even before we meet tomorrow. =20 Best, Lisa =20 Lisa Brown cell) 301-537-3332 "EMF <HHLAW.COM>" made the following annotations. ---------------------------------------------------------------------------= --- This electronic message transmission contains information from this law fir= m= which may be confidential or privileged. The information is intended to be= = =66or the use of the individual or entity named above. If you are not the = intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is = prohibited. If you have received this electronic transmission in error, please notify u= s= by telephone (+1-202-637-5600) or by electronic mail (PostMaster@HHLAW.COM= )= immediately. =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D