Subject: Re: Attorney Client Communication -- Superpac follow up
From: Charlie Baker <[email-masked]>
To: "Elias, Marc (Perkins Coie)" <[email-masked]>
Cc: "Berkon, Jonathan (Perkins Coie)" <[email-masked]>, Robby Mook <[email-masked]>, Dennis Cheng <[email-masked]>, John Podesta <[email-masked]>, Jesse Ferguson <[email-masked]>
Date: Sun, 19 Apr 2015 23:33:52 +0000

Good

On Apr 19, 2015, at 7:28 PM, Elias, Marc (Perkins Coie) <[email-masked]<mailto:[email-masked]>> wrote:

Any other comments before we put in final?

--
Marc E. Elias
Perkins Coie LLP
700 13th St, NW
Washington, DC 20005
202-434-1609 (ph)
202-654-9126 (fax)
[email-masked]<mailto:[email-masked]>

From: <Berkon>, Jon Berkon <[email-masked]<mailto:[email-masked]>>
Date: Sunday, April 19, 2015 at 10:17 AM
To: Charlie Baker <[email-masked]<mailto:[email-masked]>>
Cc: Marc Elias <[email-masked]<mailto:[email-masked]>>, Robby Mook <[email-masked]<mailto:[email-masked]>>, Dennis Cheng <[email-masked]<mailto:[email-masked]>>, John Podesta <[email-masked]<mailto:[email-masked]>>, Jesse Ferguson <[email-masked]<mailto:[email-masked]>>
Subject: RE: Attorney Client Communication -- Superpac follow up

Excellent, attached is a revised version with Charlie’s edit, and also changing “earmark” to “designate.”  Let us know if that works.

From: Charlie Baker [mailto:[email-masked]]
Sent: Thursday, April 16, 2015 4:54 PM
To: Berkon, Jonathan (Perkins Coie)
Cc: Elias, Marc (Perkins Coie); Robby Mook; Dennis Cheng; John Podesta; Jesse Ferguson
Subject: Fw: Attorney Client Communication -- Superpac follow up

Jon

See small thoughts.

While we won’t have fundraising volunteer titles, that fact is also time related, maybe skip that section of the paragraph (but defer to Dennis).   Also, see comment on wording in Super PAC policy (attached).

Begin forwarded message:
From: "Berkon, Jonathan  (Perkins Coie)" <[email-masked]<mailto:[email-masked]>>
Date: April 15, 2015 at 2:30:27 PM EDT
To: "Elias, Marc  (Perkins Coie)" <[email-masked]<mailto:[email-masked]>>, Robby Mook <[email-masked]<mailto:[email-masked]>>, Dennis Cheng <[email-masked]<mailto:[email-masked]>>, John Podesta <[email-masked]<mailto:[email-masked]>>, Charlie Baker <[email-masked]<mailto:[email-masked]>>, Jesse Ferguson <[email-masked]<mailto:[email-masked]>>
Subject: RE: Attorney Client Communication -- Superpac follow up
Team –

Just wanted to check in to see if anyone had thoughts on the attached policies or if we should move to finalize.  Happy to do a follow-up call to discuss.

Regards,
Jon

From: Elias, Marc (Perkins Coie)
Sent: Tuesday, April 07, 2015 9:48 PM
To: Robby Mook; Dennis Cheng; John Podesta; Charlie Baker; Jesse Ferguson
Cc: Berkon, Jonathan (Perkins Coie)
Subject: Attorney Client Communication -- Superpac follow up

Team –

Per our conversation on Sunday, we have attached two draft policies dealing with the agency issue.

The first would be the campaign’s.  It sets forth HFA’s policy not to confer fundraising authority on any paid employee or consultant of a Super PAC that makes substantial expenditures in the presidential race.  This would cover Priorities, Bridge, and WOMEN VOTE!, but would exclude Super PACs that occasionally dabble in the presidential race and social welfare orgs.  The draft policy also spells out when an agent’s grant of agency terminates, in an effort to reduce the total number of fundraising agents floating out there at any given time.  Finally, it codifies Charlie’s idea that the finance committee (as Dennis has currently explained it) is more of a recognition of work than a grant of additional authority.  We’re still safer if we can avoid giving campaign fundraising titles to folks who are raising soft money for a Super PAC.  But if that’s not possible with everyone, staking out this position now will be helpful.

The second would be the Super PAC’s policy.   Because the campaign cannot sanction the soliciting of soft money, the PAC needs to be the one spelling out the rules for individuals wearing “two hats” who want to raise soft money.   However, we would condition any support we offer  superpac on them adopting this policy.  The goal is to create a uniform set of guidelines that, if followed, would help demonstrate to a regulator that the individual was raising soft money in a capacity other than the campaign’s agent.  As we discussed, we may decide that some of our fundraising agents are too risky – either because we don’t trust them to follow these guidelines or because we do not think it is credible that they are raising in a capacity other than as a campaign agent – and tell Priorities that they cannot use them to raise.  But this would be the uniform set of guidelines that we would insist everyone wearing “two hats” would follow.

Lastly, we are still working on proposals to address the question of the role we can play re additional supporter/leadership for superpacs.  We will be back shortly on that.

--
Marc E. Elias
Perkins Coie LLP
700 13th St, NW
Washington, DC 20005
202-434-1609 (ph)
202-654-9126 (fax)
[email-masked]<mailto:[email-masked]>

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