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Delivered-To: john.podesta@gmail.com Received: by 10.142.49.14 with SMTP id w14cs457173wfw; Mon, 10 Nov 2008 21:04:22 -0800 (PST) Received: by 10.151.41.14 with SMTP id t14mr11227603ybj.221.1226379861763; Mon, 10 Nov 2008 21:04:21 -0800 (PST) Return-Path: <Todd.Stern@wilmerhale.com> Received: from mail126.messagelabs.com (mail126.messagelabs.com [216.82.250.99]) by mx.google.com with SMTP id 7si15753448gxk.54.2008.11.10.21.04.21; Mon, 10 Nov 2008 21:04:21 -0800 (PST) Received-SPF: pass (google.com: domain of Todd.Stern@wilmerhale.com designates 216.82.250.99 as permitted sender) client-ip=216.82.250.99; Authentication-Results: mx.google.com; spf=pass (google.com: domain of Todd.Stern@wilmerhale.com designates 216.82.250.99 as permitted sender) smtp.mail=Todd.Stern@wilmerhale.com X-VirusChecked: Checked X-Env-Sender: Todd.Stern@wilmerhale.com X-Msg-Ref: server-9.tower-126.messagelabs.com!1226379860!36435994!1 X-StarScan-Version: 5.5.12.14.2; banners=-,-,- X-Originating-IP: [216.207.71.29] Received: (qmail 25051 invoked from network); 11 Nov 2008 05:04:20 -0000 Received: from unknown (HELO SVDCPAPPDMZ1.wilmerhale.com) (216.207.71.29) by server-9.tower-126.messagelabs.com with SMTP; 11 Nov 2008 05:04:20 -0000 Received: from SDCPEXCCL2MX.wilmerhale.com ([216.207.71.17]) by SVDCPAPPDMZ1.wilmerhale.com with Microsoft SMTPSVC(6.0.3790.3959); Tue, 11 Nov 2008 00:04:19 -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: Date: Tue, 11 Nov 2008 00:04:19 -0500 Message-ID: <3D4E0DAB0236644193F6AA291205B23B045421A3@SDCPEXCCL2MX.wilmerhale.com> In-Reply-To: <3D4E0DAB0236644193F6AA291205B23B0454219F@SDCPEXCCL2MX.wilmerhale.com> X-MS-Has-Attach: X-MS-TNEF-Correlator: Thread-Index: AclDYHHoBzcZlgN0RDy9wBoO4xa4JAAV5NNAAACp5TA= From: "Stern, Todd" <Todd.Stern@wilmerhale.com> To: "Stern, Todd" <Todd.Stern@wilmerhale.com>, john.podesta@gmail.com CC: "Sara Latham" <Sara.Latham@ptt.gov> Return-Path: Todd.Stern@wilmerhale.com X-OriginalArrivalTime: 11 Nov 2008 05:04:19.0632 (UTC) FILETIME=[F42CBB00:01C943BA] Just received a very good short memo on signing statements that I asked a couple of our constitutional stars here to do (they have already been engaged in other Obama work, such as vetting). If you want to see it, let me know. You don't need to -- just in case you're interested. -----Original Message----- From: Stern, Todd=20 Sent: Monday, November 10, 2008 11:52 PM To: 'john.podesta@gmail.com' Cc: 'Sara Latham'; Stern, Todd Subject: RE:=20 We've got a pretty good bead on the exec orders that are candidates for reversal. There's not a vast number, but there are certainly a bunch. Of course we haven't seen the black box stuff yet, but that's a whole category that will doubtless be getting rolled back. On signing statements, Dawn Johnsen and her OLC/DOJ team have done a bunch of work on them. Dawn is exploring two related questions: First, could BO specifically disavow a handful of the most egregious legal interpretations announced (or at least suggested) in SS, such as the McCain Amendment. Per Dawn, this might be done in a broader context of disavowing some of the Bush administration's constitutional views on presidential power. Second, considering a general statement issued to the agencies directing them not to rely on Bush SS's that set forth constitutional interpretations without first checking with OLC. Dawn isn't sure this would work, but her team is looking into it and I asked them to press ahead quickly. Note that BO should not disavow signing statements across the board -- statements themselves are perfectly fine; and shouldn't disavow using statements to express disapproval of a provision in a bill. This practice can be abused, and Bush has abused it in spades, but it does sometimes have a legitimate use. You recall that Clinton did this once in a while. -----Original Message----- From: john.podesta@gmail.com [mailto:john.podesta@gmail.com]=20 Sent: Monday, November 10, 2008 1:17 PM To: Stern, Todd Subject: Fw: ------Original Message------ From: David Axelrod To: John Podesta To: Rahm Emanuel To: David Plouffe To: Anita Dunn To: Jim Messina ReplyTo: David Axelrod Sent: Nov 10, 2008 11:06 AM Subject:=20 We have to begin a research regimen quickly. We have, for example, now announced that we will be overturning hundreds of Bush exec orders and signing statements, which is what BO promised and is the right thing to do. But we should know what the implications are of all these decisions. Which do we want to emphasize? Which are so radioactive that they should be slow-walked or downplayed? And this is just one of myriad decisions we are making that should be understood in terms of their political impact. I'd like to activate the core research group that helped guide us in the general, including Grisolano, Joel and Binder, to quickly begin work on a new round or research. Apparently the budget is there for this through the DNC. Sent from my Verizon Wireless BlackBerry Sent via BlackBerry from T-Mobile