Dm B1 Ashcroft Fdr- Undated Outline For Interview W Ashcroft 191

n Here's a rough outline, with some suggested questions from Teams 5 and 6 (far too many, but some good ones) attached. I am busy prioritizing for our two-hour time frame, remembering that Commissioners will get another crack at our public hearing in a couple of months. I see the interview as essentially chronological, in three parts: 1. Pre-9/11: Qs re briefings in transition and on taj^ng office re counterterrorism, Al Qaeda threat, Cole retaliation issue, FBI problems and priorities, INS«nd:3eJr.OJlsn]ii Qs rejTQwJie dealt w^Ere^tLand^mor^mporlantiy/ Acting the crucjaUlune-August 2001 period. What info, did he get from them re Al Qaeda threat, hunt for ' San Diego twosome, etc. \M/u vyv ^^^^-^ vy-, F^'j &wm£*t<«vw»«-r«- ^^^-. ^~^ FISA: What was he told about the wall and problems getting FISAs? What if anything was done pre-9/11 ? /wak
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2.

9/11 and Immediate Aftermath: Qs re day of 9/11: return to DC; meeting with to Justice officials at FBI in afternoon; options considered for immediate steps, particularly re use of immigration laws to people and law enforcement measures re Arab/Muslim community. NSC meeting that evening at White House - Ashcroft role and assignments, Conversation with President re "making sure this never happens again." Major initial steps: roundup of suspects on immigration violations; drafting_oj_P-atfietAct; FBI role in allowing prominent Saudis to leave the country quickly.

3. Post-9/11: Qs re FBI: Ashcroft's role in managing and directing policy at FBI in few months following 9/11. His concept of the Mueller reforms. Qs re criticisms - insufficient status and separation for counterterrorism; inadequate training and career track, etc. His evaluation of how reforms are working and how success will ultimately be measured and evaluated. Intelligence community: His view of FBI-CIA relations, both here and abroad; TTIC; need for further changes (stronger role for DCI or creation of a DNI). [I won't ask him MI5 questions, since we know his views and have a limited time. I may not ask him any of the policy questions re community.] The new FISA world: what are the safeguards that assure that the removal of the wall won't lead to starting misusing intelligence investigations to make criminal cases? Immigration: Important questions on his evaluation of effectiveness in terms of helping war on terrorism of controversial uses of immigration laws: long detentions on minor immigration violations; "voluntary" interview program for young male Arab immigrants; absconder initiative (prioritizing absconders from Muslim countries); \ NSEERS (registration program), also focusing on immigrants from Muslim countries; recent FBI \e on surveillance benefits from those programs justify the civil liberties costs and alienation of Arab/Moslem communities here and around the world? Enemy combatants: Role of Justice Dept in determinations; is there a plan to regularize and delineate program more clearly, as Chertoff and Viet Dinh have suggested? What are AGs views on current and future policy? [Levin has indicated that because of pending litigation in 2d and 4th Circuits, Ashcroft may decline to go into this stuff in detail, at least at this time. But it is important to get our questions on the record.]

I think even this rough outline is ambitious for two hours. We'll see. By the way, Ashcroft has agreed that the interview can be recorded, so we can get it transcribed later if we choose. I hope this will be a model for other Cabinet officer interviews and top WHouse interviews.