Re: Recall our conversation that I surprised you with this as it was a key step to VP running (you were going to check into)

From:MElias@perkinscoie.com To: cbaker@hillaryclinton.com, dcheng@hillaryclinton.com CC: john.podesta@gmail.com, re47@hillaryclinton.com Date: 2015-10-16 12:30 Subject: Re: Recall our conversation that I surprised you with this as it was a key step to VP running (you were going to check into)

The list originated with Obama for America. Nice the election two entities – Organizing for Action and, more recently, the DNC were given the list as well. So, they aren’t co-owned, each entity owns a version of the same base list. Organizing for Action clearly can’t give the list to a campaign (its a c4). The DNC shouldn’t be able to — since it would be an inkind. The campaign could — because it would be a transfer to an affiliated committee — Obama for America was an authorized committee of Biden for VP, so it can transfer assets to Biden for President. However, because the WH won’t want to own the politics of doing so, they will likely try to get the DNC to do it anyway. This of course has implications for DNC neutrality as well—which the DNC is aware of. Who decides? The campaign list is owned by the legal entity — Obama for America Inc. It has a treasurer and board, just like HFA. And they decide whether to transfer the list. It is not Biden’s by right, rather its permissible for the Obama campaign to give it if they choose to. As I mentioned, Kerry Edwards 04, Inc chose not to honor the request of John Edwards for that list. SI, basically the WH/POTUS decides. -- Marc E. Elias Perkins Coie LLP 700 13th St, NW Washington, DC 20005 202-434-1609 (ph) 202-654-9126 (fax) melias@perkinscoie.com<mailto:melias@perkinscoie.com> @marceelias<https://twitter.com/marceelias> And doesn't the DNC co-own? On Oct 16, 2015, at 8:18 AM, Dennis Cheng <dcheng@hillaryclinton.com<mailto:dcheng@hillaryclinton.com>> wrote: So technically Obama owns the list and Biden has no ownership or part ownership? On Oct 16, 2015, at 7:19 AM, Elias, Marc (Perkins Coie) <MElias@perkinscoie.com<mailto:MElias@perkinscoie.com>> wrote: Also--the press is reporting this as automatic. It's within the discretion of the president to give or not give. After 2004 John Edwards wanted the ke04 list and was told no. I do t believe that McCain gave his list to palin. -- Marc E. Elias Perkins Coie LLP 700 13th St, NW<x-apple-data-detectors://0/1> Washington, DC 20005<x-apple-data-detectors://0/1> 202-434-1609<tel:202-434-1609> (ph) 202-654-9126<tel:202-654-9126> (fax) melias@perkinscoie.com<mailto:melias@perkinscoie.com> @marceelias<https://urldefense.proofpoint.com/v2/url?u=https-3A__twitter.com_marceelias&d=CwMFaQ&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=mJZthOcamSml7FV7KXYLE6P2EQrjV525p9lKVucDNWI&m=9SXbYsdIWSMBFfaNwPzFKzlCNB3FJC_F5CZXFFYe8kY&s=m0bX1EL4vmV9tu-CtmyBIayJfw0jS1lJiCm9aUB_UNY&e=> Sent from my iPhone On Oct 15, 2015, at 7:42 PM, Elias, Marc (Perkins Coie) <MElias@perkinscoie.com<mailto:MElias@perkinscoie.com>> wrote: We need to discuss. This isn’t exactly this simple. -- Marc E. Elias Perkins Coie LLP 700 13th St, NW Washington, DC 20005 202-434-1609 (ph) 202-654-9126 (fax) melias@perkinscoie.com<mailto:melias@perkinscoie.com> @marceelias<https://urldefense.proofpoint.com/v2/url?u=https-3A__twitter.com_marceelias&d=CwMFaQ&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=mJZthOcamSml7FV7KXYLE6P2EQrjV525p9lKVucDNWI&m=9SXbYsdIWSMBFfaNwPzFKzlCNB3FJC_F5CZXFFYe8kY&s=m0bX1EL4vmV9tu-CtmyBIayJfw0jS1lJiCm9aUB_UNY&e=> ---------- Forwarded message ---------- Per CNN story just published: Biden would have full access to the vaunted Obama campaign email list, since he is effectively a part owner since he was on the ticket in 2008 and 2012. ________________________________ Disclaimer: Visit www.32advisors.com/disclaimer<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.32advisors.com_disclaimer&d=CwMFaQ&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=mJZthOcamSml7FV7KXYLE6P2EQrjV525p9lKVucDNWI&m=R1lpuSw7zXmEJ4VnZ4zdnNSW5F7tErVrPEgfU7miolo&s=0CuW00MvEIj-0dq_8vManCMMiV2peEZirwn-Qv3sp9U&e=> for information about this email. ________________________________ NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. ________________________________ NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.