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Delivered-To: john.podesta@gmail.com Received: by 10.142.49.14 with SMTP id w14cs451392wfw; Mon, 10 Nov 2008 19:16:23 -0800 (PST) Received: by 10.90.27.10 with SMTP id a10mr6816241aga.31.1226373382573; Mon, 10 Nov 2008 19:16:22 -0800 (PST) Return-Path: <Todd.Stern@wilmerhale.com> Received: from mail166.messagelabs.com (mail166.messagelabs.com [216.82.253.163]) by mx.google.com with SMTP id 9si9413747agc.31.2008.11.10.19.16.19; Mon, 10 Nov 2008 19:16:21 -0800 (PST) Received-SPF: pass (google.com: domain of Todd.Stern@wilmerhale.com designates 216.82.253.163 as permitted sender) client-ip=216.82.253.163; Authentication-Results: mx.google.com; spf=pass (google.com: domain of Todd.Stern@wilmerhale.com designates 216.82.253.163 as permitted sender) smtp.mail=Todd.Stern@wilmerhale.com X-VirusChecked: Checked X-Env-Sender: Todd.Stern@wilmerhale.com X-Msg-Ref: server-6.tower-166.messagelabs.com!1226373377!20740830!2 X-StarScan-Version: 5.5.12.14.2; banners=-,-,- X-Originating-IP: [148.139.13.5] Received: (qmail 28756 invoked from network); 11 Nov 2008 03:16:18 -0000 Received: from unknown (HELO SVBOSAPPDMZ1.wilmerhale.com) (148.139.13.5) by server-6.tower-166.messagelabs.com with SMTP; 11 Nov 2008 03:16:18 -0000 Received: from SDCPEXCCL2MX.wilmerhale.com ([148.139.192.1]) by SVBOSAPPDMZ1.wilmerhale.com with Microsoft SMTPSVC(6.0.3790.1830); Mon, 10 Nov 2008 22:16:16 -0500 Content-class: urn:content-classes:message MIME-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: quoted-printable X-MimeOLE: Produced By Microsoft Exchange V6.5 Subject: RE: GTMO, Torture, renditions, etc. Date: Mon, 10 Nov 2008 22:16:16 -0500 Message-ID: <3D4E0DAB0236644193F6AA291205B23B04542188@SDCPEXCCL2MX.wilmerhale.com> In-Reply-To: <ab48a30f0811101914o1849d11axddf87e645f95f66d@mail.gmail.com> X-MS-Has-Attach: X-MS-TNEF-Correlator: Thread-Topic: GTMO, Torture, renditions, etc. Thread-Index: AclDq8FfMZpzA9geR3SQIDGMG1ISiAAABChA From: "Stern, Todd" <Todd.Stern@wilmerhale.com> To: "Christopher Edley" <cedley@gmail.com>, ricesusane@aol.com, "John Podesta" <john.podesta@gmail.com>, "Lisa Brown" <lisabrown3660@gmail.com>, "Don Gips" <don.gips@level3.com>, "Melody Barnes" <mbarnes@barackobama.com>, "Cassandra Butts" <cbutts.obama08@gmail.com> Return-Path: Todd.Stern@wilmerhale.com X-OriginalArrivalTime: 11 Nov 2008 03:16:16.0331 (UTC) FILETIME=[DBD381B0:01C943AB] Hang on -- crossing emails. Pls see mine.=20 -----Original Message----- From: Christopher Edley [mailto:cedley@gmail.com]=20 Sent: Monday, November 10, 2008 10:15 PM To: ricesusane@aol.com; John Podesta; Stern, Todd; Lisa Brown; Don Gips; Melody Barnes; Cassandra Butts Subject: Re: GTMO, Torture, renditions, etc. Thanks susan -- as to whether we should do more, I don't know. Why don't I put on my board hat, with permission of melody and don, and poke around a bit as to who from the doj team isinvolved, and their direction -- and then report back to everyone if I sense any difficulty? Let's assume everything is okay until there is contrary evidence. Thanks On 11/10/08, ricesusane@aol.com <ricesusane@aol.com> wrote: > Thanks, Chris. > > Mary De Rosa is doing these issues from nat sec side and is already plugged > into DOJ team as I understand it. > > Is there more we should do, in your view, to ensure appropriate lash-up? > Sent via BlackBerry from T-Mobile > > -----Original Message----- > From: "Christopher Edley" <cedley@gmail.com> > > Date: Mon, 10 Nov 2008 14:52:07 > To: John Podesta<john.podesta@gmail.com>; Susan Rice<ricesusane@aol.com>; > Stern, Todd<todd.stern@wilmerhale.com>; Lisa Brown<lisabrown3660@gmail.com>; > Don Gips<don.gips@level3.com>; Melody Barnes<mbarnes@barackobama.com>; > Cassandra Butts<cbutts.obama08@gmail.com> > Subject: GTMO, Torture, renditions, etc. > > > Todd et al., > > I'm writing to ask where we stand with respect to working through the > national securities law and civil liberties law concerning the topics > above. I believe we agreed that some cross-talk between the National > Security team and the DOJ/Domestic team is required, but I don't recall > getting to closure on which individuals have the lead. > > The exchange I had with Susan Rice at the last Board meeting is > illustrative > of the difficulty. There can be an inherent tension between the national > security perspective and the Rule of Law perspective. As we know, this > played out in the Bush Administration rather tragically, and the vast > majority of legal observers believe that the DOJ participants acted in a > manner that -- at a minimum -- violated fundamental ethical and > professional > principles, if not the Law. As a formal matter, whatever course of policy > and action the Obama Administration adopts on these issues, clearance by > OLC > and the Attorney General will be required, as well as review by White House > Counsel. > > So, I believe the Transition should likewise get the right set of > perspectives around a table sooner rather than later. > > There is another, related issue that deserves some attention: The role of > OLC in relation to the State Department Legal Adviser (L). The Bush > Administration broke with precedent by shifting more authority to OLC for > definitive resolution of questions of international law and treaty > interpretation. L was consulted, but the formal lead rested with OLC. > Earlier administrations allowed the State Department to have the lead. > What > will be the practice in the Obama Administration? There are arguments in > both directions. It would be good to get this resolved before the > appointees > are selected. > > I am interested in these issues, having taught National Security Law. But I > know there are several terrific lawyers who could contribute a lot: Eric > Holder, Jamie Gorelick, Larry Tribe, Cass Sunstein, Alex Aleinikoff. > > > -- > (personal email) > Christopher Edley, Jr. > Professor and Dean > UC Berkeley Law School > > --=20 Sent from Gmail for mobile | mobile.google.com (personal email) Christopher Edley, Jr. Professor and Dean UC Berkeley Law School