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Subject: RE: GTMO, Torture, renditions, etc.
Date: Mon, 10 Nov 2008 22:16:16 -0500
Message-ID: <>
In-Reply-To: <>
Thread-Topic: GTMO, Torture, renditions, etc.
Thread-Index: AclDq8FfMZpzA9geR3SQIDGMG1ISiAAABChA
From: "Stern, Todd" <>
To: "Christopher Edley" <>,, 
 "John Podesta" <>, 
 "Lisa Brown" <>, "Don Gips" <>, 
 "Melody Barnes" <>, 
 "Cassandra Butts" <>
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 []=20
Sent: Monday, November 10, 2008 10:15 PM
To:; 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, <> wrote:
> Thanks, Chris.
> Mary De Rosa is doing these issues from nat sec side and is already
> into DOJ team as I understand it.
> Is there more we should do, in your view, to ensure appropriate
> Sent via BlackBerry from T-Mobile
> -----Original Message-----
> From: "Christopher Edley" <>
> Date: Mon, 10 Nov 2008 14:52:07
> To: John Podesta<>; Susan
> Stern, Todd<>; Lisa
> Don Gips<>; Melody Barnes<>;
> Cassandra Butts<>
> 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
> 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
> 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
> manner that -- at a minimum -- violated fundamental ethical and
> professional
> principles, if not the Law.  As a formal matter, whatever course of
> and action the Obama Administration adopts on these issues, clearance
> and the Attorney General will be required, as well as review by White
> 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
> OLC in relation to the State Department Legal Adviser (L).  The Bush
> Administration broke with precedent by shifting more authority to OLC
> 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
> 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:
> Holder, Jamie Gorelick, Larry Tribe, Cass Sunstein, Alex Aleinikoff.
> --
> (personal email)
> Christopher Edley, Jr.
> Professor and Dean
> UC Berkeley Law School

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(personal email)
Christopher Edley, Jr.
Professor and Dean
UC Berkeley Law School