9/11 Commission Letter To Department Of Defense Complaining About Lack Of Documents Produced

June 19,2003 Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste

Ms. Pat Downs Acting Director, Intelligence Policy Office of the USD(I) 6000 Defense Pentagon, Room 3C281 Washington, DC 20301-6000

Max Cletand Frederick F. Fielding Jamie S. Gorelick Slade Gorton John F. Lehman

Dear Pat: Thank you for taking on the task of facilitating the Commission's needs within the Department of Defense. We have made great progress since you came on board in terms of establishing the procedures and communications necessary to conduct our review. At the same time, I am writing to express our concern with the current pace of the document production.

Timothy J. Roemer James R. Thompson

Philip D. Zetikow EXECUTIVE DIRECTOR

As you know, on May 12,2003, the Commission submitted to the Department of Defense Document Request No. 1 (attached hereto), which asked the Department to provide the Commission with various categories of documents by May 23, 2003. In response to that request, the Commission has received two sets of documents; the first on June 3, 2003, and the second on June 13,2003. (Also attached are the indexes accompanying each set of documents). It is now nearly one month past the production date, and, as far as we can discern, at least half of the documents sought by DoD Document Request No. 1 are still outstanding. Similarly, on May 20, 2003, the Commission submitted to the Department Document Request No. 2 (attached hereto), which asked the Department to furnish the Commission with access to the documents and materials of the Naval Historical Center by June 3, 2003. Indeed, this request had been made informally even earlier. To date we have not received any response to this request, As you are aware, the Commission is operating under a statutory deadline and is charged with the responsibility to investigate a number of different areas. While we understand the size of the Department and the various components these documents must pass through, the calendar simply does not allow for significant further delays. If there is something we can do to facilitate the process of production, please let us know. Absent that, I look forward to hearing from you where we stand with regard to the aforementioned requests. Sincerely,

Marcus General Counsel

301 7'1' Street SW, Room 5125 Washington, DC 20407

Cc:

Adam Ciongoli Chad Boudreaux

T 202.3.31.4060 F 202.296.5545 www.9-1 lcominission.gov

3\ON ON

>mas H. Kean CHAIR H. Hamilton VICE CHAIR hard Ben-Veniste xQeland d F. Fielding lie S. Gorelick ie Gorton ,n Lehman lothyj. Roemcr ies R. Thompson

lip D. Zelikow LCUTIVE DIRECTOR

DoD DOCUMENT REQUEST No. 1 The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the U.S. Department of Defense (the "respondent") provide the Commission with copies of the following documents no later than May 23,2003, (the "production date"): 1. The event, tasking, and production logs for the Crisis Coordination Group (CCG) or other Office of the Secretary of Defense (OSD) crisis management mechanisms activated on 9/11/01. ^ • • • !> i _.-

2. The event, tasking, and production logs for the Crisis Action Team (CAT) or other-Joint Chiefs of Staff (JCS) crisis management mechanisms activated on 9/11/01. 3. A transcript or other record of the air threat conference call held on the morning of 9/11/01. 4. The JCS Rules of Engagement concerning domestic airline security, including hijackings, that were in effect on 9/11/01. 5. The North American Aerospace Defense Command (NORAD) Rules of Engagement concerning domestic airline security, including hijackings, that were in effect on 9/11/01. 6. The JCS Duty Director of Operations log for the 24-hour period beginning with the morning shift change on 9/11/01, and the logs for any subordinate desks that recorded events related to the hijackings on 9/11/01 and JCS' response. 7. The NORAD Command Director log for the 24-hour period beginning with the morning shift change on 9/11/01, and the logs for any subordinate desks in the Cheyenne Mountain Operations Center, including the Air Defense Operations Center, that recorded events related to the hijackings on 9/11/01 and NORAD's response. 8. The Northeast Air Defense Sector (NEAD) Senior Director log for the 24-hour period beginning with the morning shift change on 9/11/01, and the logs for any subordinate desks in the Sector Operations Control Center (SOCC) that recorded events related to the hijackings on 9/11/01 and NEAD's response, including logs for the Surveillance Technician, the Identification Technician, and the Weapons Director. TEL (202) 331-4060 _^

.. /-TO-T> in A ^it;

/9/11 Personal Privacy )D DOCUMENT REQUEST No. I

9. The First Air Force/Continental Air Defense Region (CONAR) senior duty officer log for the 24hour period beginning with the morning shift change on 9/11/01, and the logs for any subordinate desks that recorded events related to the hijackirigs on 9/11/01 and First Air Force/CONARrs response. / 10. All DoD after-action reviews relating to the events of 9/11/01, including documents relating to the graphic depiction of the events of 9/11/01 presented to a National Reconnaissance Office Conference on June 3,2002, by| [and the review of scramble activity for the First Air Force and Continental Air Defense Region (CONAR) on 9/11/01 completed by the Chief of Staff (Colonel Scott) or other officials in 2002. 11. Protocols between NORAD and the FAA concerning hijacked airplanes in effect on 9/11/01, and current protocols concerning hijacked airplanes. 12. Protocols between NORAD and'law enforcement agencies, including the U.S. Secret Service, concerning hijacked airplanes in effect on 9/11/01, and current protocols concerning hijacked airplanes. 13. All documents relating to communications between NORAD and the FAA concerning the tracking of the hijacked airplanes on 9/11/01. . .K 14. All documents relating to communications between NORAD and law enforcement agencies, including the U.S. Secret Service, concerning the tracking of the hijacked airplanes on 9/11/01. 15. Joint Surveillance System radar files from the 84th Radar Evaluation Squadron (Air Combat Command) relating to the airplanes hijacked on 9/11/01, the responding fighters, and the flights • of Air Force One on 9/11/01, as well as the RS3 software to run the radar files. 16. Current organization charts for OSD, JCS, NORAD, First Air Force, CONAR, and MEAD, and organization charts for the same components in effect on 9/11/01. 17. Two copies of the current DoD phone book, and two copies of the DoD phone book in effect on 9/11/01. 18. Access to all documents provided by DoD to the Congressional Intelligence Committees' Joint Inquiry regarding the terrorists attacks on 9/11/01. The Commission requests that documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. u If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or

oD DOCUMENT REQUEST No. 1 ige3 class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed^and resolved prior to the production date. '^; May 9,2003

Daniel Marcus General Counsel

aVON OH

jmas H. Kean

DoD DOCUMENT REQUEST No. 2

CHAIR

H. Hamilton VICE CHAIR

hard Ben-Veniste x Qeland d F. Relding lie S. Gorelick Je Gorton n Lehman obthyj. Roemer «s R. Thompsorv-

Jip D. Zelikow •CUTIVE DIRECTOR

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the U.S. Department of Defense (the "respondent") provide the Commission with access to the following materials no later than June 3, 2003 (the "production date"): 1. All documents, information, and other materials in the possession, custody or control of the September 11 historical project being conducted by the Naval Historical Center. The Commission requests that access to the materials requested above be provided as soon as possible, even though access to all requested materials may not be provided at the same time, through means of a "rolling" production. If access to any of the requested documents or other materials is withheld, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify"and describe each such document or class of documents, as well as the alleged basis for withholding it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of certain materials related to the September 11 historical project but has information about where such materials may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. --t*r

If the respondent has any questions or concerns about the interpretation or scope of this document request, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. ::^May 20, 2003

Daniel Marcus General Counsel

TEL (202) 331-4060 HAX (202) 296-5545

National Commission On Terrorist Attack Document Index

Bates Range

Description

Classification

Organization

Request*

ltem#

NCT0000001

DOD Telephone Directory Dated 2001 (2)

Unclassified

WHS

1

18

NCT0000002

DOD Telephone Directory Dated 2002 (2)

Unclassified

WHS

1

18

NCT0000003

DOD Key Locator Chart Dated Sep 2000

FOUO

WHS

1

18

NCT0000004

DOD Key Locator Chart Dated Feb 2002

FOUO

WHS

1

18

NCT0000005

DoD Key Locator Chart Dated Aug 2002

FOUO

WHS

1

18

NCT0000006

Dod Organizational Chart Dated July 2001

Unclassified

WHS

1

18

NCT0000007

DoD Organizational Chart Dated Aug 2001

Unclassified

WHS

1

18 "

NCT0000008

DoD Organizational Chart Dated Oct 2001

Unclassified

WHS

1

18

NCT0000009

DoD Organizational Chart Dated Nov 2001

Unclassified

WHS

1

18

NCT0000010

JCS Locator Chart Dated Oct 2001

Unclassified

JCS

1

18

NCT0000011

JCS Locator Chart Dated Feb 2003

Unclassified

JCS

1

18 .

NCT0000012 - NCT0000015

AF Choronology Overview

Secret

Air Force

1

NCT0000016 - NCT0000046

AF Operations Summary

Secret

Air Force

1

NCT0000047

AF Responses Index

Unclassified

Air Force

1

'NCT0000048

NEADS Structure/Organization Charts

Unclassified

NEADS

1

NCT0000049 - NCT0000130

Transcripts from Voice Recorder

FOUO

NEADS

1

ijCT0000131 -NCT0000138

Surveillance Log Book

Secret

NEADS

1

Page numbers are for identification purposes only. They were applied as documents were processed and do not indicate anything about the documents.

National Commission On Terrorist Attack Document Index

•NCT0000139 - NCT0000148

Log Entries

Unclassified

JCS

1

•NCT0000149 - NCT0000150

Excerpt from Survelliance Log

TS/SI

JCS

1

NCT0000151 -NCT0000174

NIMA Directorate for Operations/Analysis and Production Directorate Work on Terrorism

Secret/SCI

NIMA

1

NCT0000175- NCT0000208

Appendix A. Ben Ladin and Tarnak Farm

Secret/SCI

NIMA

1

-NCT0000209 - NCT0000214

Appendix B. Somalia

Secret/SCI

NIMA

1

NCT0000215- NCT0000217

Appendix C. Mapping Production

Secret/SCI

NIMA

1

/ NCT0000218- NCT0000278

Appendix D. Collection

Secret/SCI

NIMA

1

NCT0000279 - NCT0000283

Radar Data Analysis

Unclassified

84th RADES

1

15

'NCT0000284

WTC Radar Detection (AA 11)

Unclassified

84th RADES

1

15

NCT0000285

WTC Radar Detection (UA 175)

Unclassified

84th RADES

1

15

NCT0000286

WTC Radar Detection (AA 11/UA 175)

Unclassified

84th RADES

1

15

NCT0000287

Pentagon Radar Detection (AA 77)

Unclassified

84th RADES

1

15

NCT0000288

Pittsburgh Radar Detection (UA 93)

Unclassified

84th RADES

1

15

NCT0000289

WTC/PTNG/PITTS Radar Detection

Unclassified

84th RADES

1

15

NCT0000290 - NCT0000294

AA-11 WTC Analysis

Unclassifed

84th RADES

1

15

NCT0000295 - NCT0000301

Aircraft # 1 World Trade Center

Unclassified

84th RADES

1

15

NCT0000302 - NCT0000308

Aircraft # 1 WORLD TRADE CENTER

Unclassified

84th RADES

1

15

Page numbers are for identification purposes only. They were applied as documents were processed and do not indicate anything about the documents.

National Commission On Terrorist Attack Document Index

NCT0000309 - NCT0000315

Aircraft #2 World Trade Center

Unclassified

84th RADES

1

15

NCT0000316 - NCT0000326

Multiple Incident Rapid Response Brief

Unclassifed

84th RADES

1

15

NCT0000327

Pittsburgh Radar Detection

Unclassified

84th RADES

1

15

NCT0000328 - NCT0000343

Pittsburgh Mishap Aircraft

Unclassified

84th RADES

1

15

NCT0000344 - NCT0000351

Pittsburgh Mishap Aircraft

Unclassified

84th RADES

1

15

NCT0000352 - NCT0000372

Pittsburgh Spreadsheet

Unclassified

84th RADES

1

15

NCT0000373

RADES System 3 V3.0 (CD)

Unclassified

84th RADES

NCT0000374

Air Force One (CD)

Unclassified

84th RADES

NCT0000375

AF1 New York (CD)

Unclassified

84th RADES

NCT0000376

9/11 Autoplay (CD)

Unclassified

84th RADES

NCT0000377

World Trade Center (CD)

Unclassified

84th RADES

NCT0000378

Pentagon (CD)

Unclassified

84th RADES

NCT0000379

Pittsburgh (CD)

Unclassified

84th RADES

NCT0000380

Fighters (1 of 2) (CD

Unclassified

84th RADES

NCT0000381

Fighters (2 of 2) (CD)

Unclassified

84th RADES

Page numbers are for identification purposes only. They were applied as documents were processed and do not Indicate anything about the documents.

National Commission On Terrorist AUack Document Index

Bates Ranje

Description

Classification

Organization

Req/ltem

Rec'd by NCT

NCTOOOOG01

DOD Telephone Directory Dated 2001 (2)

Unclas

WHS

1.17

2-Jun-03

NCT0000002

DOD Telephone Directory Dated 2002 (2)

Unclas

WHS

1.17

2-Jun-03

NCTOO00003

DOD Key Locator Chart Dated Sep 2000

FOUO

WHS

1.16

2-Jun-03

NCT0000004

DOD Key Locator Chart Dated Feb 2002

FOUO

WHS

1,16

2-JUV03

NCT0000005

DoO Key Locator Chart Dated AUQ 2002

FOUO

WHS

1.16

2-Jun-03

NCT0000006

Dod Organizational Chart Dated July 2001

Unclas

WHS

1.16

2-Jun-03

NCT0000007

DoD Organizational Chart Dated Aug 2001

Unclas

WHS

1.16

2^r,03

NCTOOOOOOfl

DoD Organizational Chart Dated Oct 2001

Unclas

WHS

1.16

2-Jun-03

NCT0000009

DoD Organizational Chart Dated Nov 200V

Unclas

WHS

1.16

2-Jun-03

NCT0000010

JCS Locator Chart Daled Oct 2001

Unclas

JCS

1.16

2^-03

NCT0000011

JCS Locator Chart Dated Feb 2003

Unclas

JCS

t.te

2-Jun-03

NCT0000012 - NCT0000015

AF Choronobgy Overview

Secret

Air Force

1.2

2-Jurv03

NCTOOOC016 - NCT0000046

AF Operations Summary

Secret

Air Force

1.2

2-Oun-03

NCTOOOOQ47

AF Responses Index

Unclas

Air Foice

1. 2

2-Jun-03

NCTOOOOOJa

NEADS Structure/Organization Cnarts

Unclas

NEADS

1.16

2-Jun-03

NCT0000049 - NCT0000130

Transcripts from Voice Recorder

FOUO

NEADS

1.2

2^un-03

NCT0000131 -NCT0000138

SurveMtanoe Log Book

Secret

NEAOS

1. 2

2-Jun-03

NCT1QOOOI39 - NCT0000148

Log Entries

Unclas

JCS

1.2

2-Jun-03

NCTCOOOU9 - NCT0000150

Excerpt Irom Surveillance Log

TS/SI

JCS

1,6

3-Jun-03

*

Page numbers are lor identification purposes only. They were applied as documents were processed and do not indicate anything about the documents.

i- \-fUI 1 !*-"! It iimivjnai V-.WIIM I ii^oiui i wi i * «ii i vjt UL nivt*«-i^ ~/U

II IVJIi*S V

NCTOOQ0151 - NCT0000174

NIMA Directorate lor Operations/Analysis and Production Directorate Work on Terrorism

S/SCI

NIMA

1.--0

3-Jun-03

NCTOO00175 - NCT0000208

Appendix A.

S/SCI

NIMA

uo

3-Jun-O3

NCT0000209 - NCT0000214

Appendix B.

S/SCI

NIMA

1,10

3-Jun-03

NCT00002I5 -NCT00002I7

Appencix C.

S/SCI

NIMA

1,10

3-Jur»-03

NCT00002ie - NCTOC00278

Appendix 0.

S/SCI

NIMA

1.10

3-Jun-03

NCT0000279 - NCT0000283

Radar Data Analysis

Ur.das

B4th RACES

1.15

2-Jun-03

NCTOCO0284

WTC Radar Detection (AA 11)

Unctas

84th RADES

U5

2-Jun-03

NCT0000265

WTC Radar Detection (UA 175)

Unclas

84 Ih RADES

1.15

2-Jun-03

NCT0000286

WTC Radat Detection (AA 1 1/UA 175)

Unctas

B4lh RADES

1.15

2-Jun-03

NCT0000267

Pentagon Radar Detection (AA 77)

Unclas

84th RADES

1,15

2-Jun-03

NCT0000288

Pittsburgh Radar Detection (UA 93)

Unclas

84th RADES

1.15

2^Jur»-03

NCT0000289

WTC/PTNG/PITTS Radar Detection

Unclas

84th RADES

1.15

2-Jun-03

NCT0000290 - NCT0000294

AA-11 WTC Analysis

Undas

64th RADES

1.15

2-Jun-03

NCT0000295 - NCTQ00030 1

Aircraft ft 1 World Trade Center

Unclas

84 th RADES

1,15

2-Jun-03

NCT00003C2 - NCT0000308

Aircraft tt 1 WORLD TRADE CENTER

Unclas

&4th RADES

1.15

2-Jun-03

NCT0000309 - NCTOOOQ315

Aircraft #2 World Trade Center

Unclas

Mth RADES

1.15

2^Jun-03

NCTC000316 - NCT0000326

Multiple Incident Rapid Response Brief

Unclassifed

84th RADES

1,15

2-Jun-03

NCTOOOQ327

Pittsburgh Radar Detection

Unclas

Mth RADES

1.15

2-Jun-03

NCT0000328 - NCT0000343

Pittsburgh Mishap Aircraft

Undas

84th RADES

1.15

2-Jun-03

NCT0000344 - NCT0000351

Pittsburgh Mishap Aircraft

Undas

M0\S

1.15

2-Jurv03

Page numbers are for identification purposes only. They were applied as documents were processed and do not indicate anything about the documents.

National Commission On Terrorist Attack Document Index

NCT0000432 - NCT0000439

AF Operations Summary • 19 Sep 01

Secret

AF

1,2

16-Jun-03

NC10000-MO - NCTCHXXX46

MSG DTD ISISAOZSep 01

Secret

AF

1.2

16-Jun-03

MCT0000447 - NCT0004-)9

XOF CAT Issues and Aclons Tracker

Unclas

AF

1.2

16.Jun-03

NCTOOOO-ISO

Minutes ol Hie HAF Threat Working Grp Mtg

Unclas

AF

t.2

1&-Jun-03

NCTOOOO451 - NCTOC00460

AF Operations Summary - 20 Sep 01

Secret

AF

1.2

16-Jun-03

NCT0000461 - NCT0000462

CSAF Daily Intelligence Report did 20 Sep 01

Secret

AF

1,2

l6-Jun-03

IMCT0000463

Force Protection Conditions as ol 20 Sep 01

Unclas

AF

(.2

ie-Jun-03

NCT0000464 - NCT0000471

Security Forces Support

Secret

AF

1.2

16-Jjn-03

NCT0000472 - NCT0000473

Msg DTD 2000322 Sep 01

Secret

AF

1,2

16-Jun-03

NCTOOO0474 - NCTOOOO548

AF Rep lo NMJIC Intel log - Sep 2001 K

TS/SCI

AF

1.2

NCT0000559 • NCTOOOO&40

AF Rep (o NMJIC Intel IOQ • Qct 2001 ^

TS/SCI

AF

1.2

NCT0000641 -NCT0000709

AF Rep to NMJIC Intel log • Nov 2001

TS/SCI

AF

1.2

NCT0000710 - NCTOOOOB20

AF Rep lo NMJIC Intel lofl - Dec 2001 ^

TS/SCI

AF

1,2

NCT000082I - NCT0000968

DCO Chat Log

Secret ~

V

NMCC

fry* iwvyWx KJr*Tf\ftnfiO7 1 rtVrf T\U ~ PI w iQUUVUQ i \2 - NCT0000975

i ft -

.

1£

dm n*\ ;.1i*f .

Powerpoinl Presentation Org Chart (1AF)

Unclas

NMCC

1,16

16-Jun03

NCT0000976 - NCT 0000980

Powerpoinl Presentation Org Chart (NORAD)

Secret

NMCC

1.16

16-Jun-03

NCTOQOOSat -NCT0001036

Consolidated Combat Ops Chat Log

Secret

NMCC

1.9

l6-Jurv-03

NCT0001037 - NCTOOOIISa

Com Co Relcan Chat Log

Secret.

NMCC

HCT0001 169 - NCT0001 190

Manual Log Book Entry

Secret

NMCC

1,9

16-Jun-03

.'.'...'.".', \.\ J. v "v MH *M **

*

Page numbers are for identification purposes only. They were applied as documents were processed and do not indicate anything about the documents.

National Commission On Terrorist Attack Document Index

kiC 10000352 - NCT0000372

Pittsburgh Spreadsheet

Unclas

84th RADES

t.15

2-Jun-03

NC1OOOOJ73

RADES System 3 V3.0 (CD)

Unclas

Mlh RADES

1.15

2^Jun-03

KlC 10000174

AirFoicaOne (CD)

Unclas

84lh RADES

1.15

2-Jun-03

kiC100C037S

AF( New York (CD)

Undas

84|h RAOfiS

1.15

2-Jun-03

NCT0000376

9/11 Auloplay (CD)

Unclas

84th RADES

1.15

2-Jun-O3

NCTQOOG377

World Trade Cenler (CD)

Unclas

84th RADES

1.15

2-Jun-03

NCTOO00378

Pentagon (CD)

Unclas

84th RADES

1.15

2-Jun-03

NCT0000379

Pittsburgh (CD)

Unclas

Mlh RADES

1.16

2-Jun-03

NCTOO00380

Fighters (1 o'2| (CO

Undas

84 Ih RADES

1.15

2-Jurv03

NCTOOOQ381

Fighters (2 01 2) (CD)

Undas

84th RADES

1.15

2-Jun-03 |

NCr.0000382 -NCT0000385

CSAF Intelligence Report did 17 Sap 01

Seael

AF

1.2

16-Jun-03 '

NCT000038d

AFOSI Bluelina

Unclas

AF

1.2

16-Jun-03

NC 1 00003*1 / • NC 1 0000402

iiucuuly forr.ui. Op< Con Duity Cvuitt Uitof

Sacral

AF

1.2

IG-Juo-03

NC 1 0000-103 NC 1 IXXXM04

M.SC, DTD r/OOOW Snp 01

Siirrul

AF

1.2

in- Jim Oil

NCT0000105

Operation Noble Eagle Summary

Secret

AF

1.2

16-Jun-03

NCT0000406 - NCT0000407

AF Special Interest lien 00-3

Undas

AF

1.2

1 6-Jun-03 '

NCTOOQ0408 - NCT0000425

AF Operations Sum-nary - 18 Sep 01

Seael

AF

1.2

1&-Jun-C3

NCTQ000426 - NCT0000427

CSAF Intelligence Report did 18 Sep 01

Secret

AF

1.2

1 6-Jun-03

NCTD000428

Foroe Protection Conditions at of 18 Sep 01

Unclas

AF

1.2

<6-Jun-03

NCTOOOQ429

AFRC Requested Support (or SF

Secret

AF

1.2

16-Jun-03,

NCTOOOCM3Q - NCT0000431

CSAF Intelligence Report - 19 Sep 01

Seael

AF

1.2

16-Jun-03

1

Page numbers are for identification purposes only. They were applied as documents were processed and do not indicate anything about the documents