Subject: Three matters
From: "Christopher Edley" <[email-masked]>
To: [email-masked]
Date: Sat, 9 Aug 2008 13:14:29 -0700

Dear John:

1.  Preeta Bansal wrote and called me.  Recall that she is the chief of
appellate litigation at Skadden, put together the Asian American Finance
Committee (which is raising over $5m), and been active on campaign policy
groups.  You called her last week about participating, but when Mike Froman
called her to follow up after Friday's Board conference call, Preeta got a
very different description of her proposed role than what she had understood
from your tactically vague description.  Bottom line is that in light of her
previous campaign activities and conversations with Betsy Myers and Tom
Daschle, Preeta had thought she would be invited to play a considerably more
significant role, if not made a member of the Board.  (I note that the Board
has no Asian-Americans.)  I know independently that there is frustration
among Asian-American supporters that they have not had a voice in the
campaign, despite the fundraising, loyalty in politically tough times
("Democrat from Punjab") and hard work.  Post-primary, Asians have been
added from the DNC and HRC camp, while dissing the Obama loyalists -- or so
people have told me.

   I'd be happy to have Preeta co-chair the Immigration working group, but
that's probably not enough.  My sense from the conversation with Preeta is
that she may talk to Daschle or even try to reach Barack.  She's not a kid,
John. She's a senior, very accomplished Wall Street litigator.  (And another
former student of mine.) On a mission.

2.  On the outcome of the ethics discussion, I said more than I cared to but
much less than I could have. I was disappointed that folks claiming to be
politically shrewd think the formal "lobbyist" distinction in law will
suffice for political cover.  If a half-smart journalist thinks about it for
five minutes -- admittedly not a certain thing -- they will realize that the
real issue is "special interests", not the definitions in the  Lobbying
Disclosure Act of 1995, 2 U.S.C. sec. 1602.

3.  I am nervous about the Health Care group.  These are your people, not
mine, and the dancing around on membership has left me feeling not just
impotent but also worried about whether the relationships and agendas in all
of this will ultimately work for an Obama agenda -- defined in terms of the
substance and strategy.  (Childress?) The President of RWJ Foundation, for
example, told me that Daschle (with Mitchell, Dole, Baker) are supposed to
be promoting and fashioning a bipartisan approach to universal care
legislation.  Ain't obvious that those conversations are the right vehicle
for developing an Obama plan's details. (Although it's possible, especially
if Obama doesn't care to sweat the details.)  But in that Leader quartet, I
don't see any unalloyed progressives, and I had hoped that would be a
dimension of Obama policymaking.  Barack isn't our friend "Let's Make a
Deal" Bill Clinton, and he may welcome opportunities to consider tough
stands in favor of poor people or colored people or undocumented immigrants,
or scoring rules more encouraging of investments in long term efficiencies.
I don't see the Quartet producing those. And, as I say, I don't find
encouragement in what I know of the profiles of the folks Jeanne, with your
encouragement, wants on the committee. Can we please talk about this?  I've
been trying to bend over backwards to be deferential to you on this stuff
and support your leadership.

*This might not be the perfect moment to remind you that I'm still hoping
for a favorable response on our invitation to speak at Berkeley on 9/19 !!
*
Saturday, 8/09/08 at 1:15 pm  PST

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