Dm B1 Jamie Baker Fdr- Entire Contents- Interview Request- James Baker 197

Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

January 21,2004

Jamie S. Gorelick

The Honorable James E. Baker United States Court of Appeals for the Armed Forces 450 E Street, NW Washington, DC 20442-0001

Slade Gorton

Dear Judge Baker:

Richard Ben-Veniste Fred F. Fielding

Bob Kerrey John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

The National Commission on Terrorist Attacks Upon the United States has previously requested the opportunity to interview you with respect to matters that took place during your tenure as Special Assistant to the President and Legal Adviser to the National Security Council that are relevant to the Commission's investigation pursuant to its statutory mandate. You have indicated your willingness to participate in such an interview. However, you have requested that we obtain assurances from the designated representatives of both the current Administration and the Clinton Administration that they have no objection to your being interviewed about matters that may include legal advice communicated by you to NSC and other government officials. In light of your responsibilities as a Judge and previously as an executive branch attorney, you were anxious that any commission interview be conducted fully consistent with any ethical obligations that may pertain to you as a former executive branch attorney. The approval of the designated representatives of the two Administrations negates the need to determine who might appropriately waive any applicable institutional privilege that might adhere to advice you rendered while serving as an NSC attorney within the Executive Office of the President. I have consulted with the designated representatives of the Clinton and Bush Administrations. Neither representative, on behalf of the administrations or institutional interests they represent, objects to your being interviewed by the Staff of the Commission. Cheryl Mills, the designated representative of President Clinton, expressed no objection to your appearing and discussing matters that are or may be covered by an applicable privilege, including the attorney-client privilege. She has conditioned such concurrence on an understanding that you will be afforded access to any documents in the possession of the Commission about which you are asked, as well as any documents in our possession that you authored or in which you concurred,

301 7th Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-llcommission.gov

26 Federal Plaza Suite 13-100 New York, NY 10278 T 212.264.1505 F 212.264.1595

The Honorable James E. Baker January 21,2004 Page 2

prior to your interview(s). John Bellinger, Senior Associate Counsel to the President and National Security Council Legal Adviser, on behalf of the Bush Administration and following consultation with the Counsel to President, has concurred in your being interviewed by the Commission staff and discussing matters involving attorney-client advice, subject to the understandings discussed in our conference call of December 22, 2003. In a separate conversation, I have assured you that any persons who will participate in your interview or have access to any notes derivative of your interview will hold the necessary TS/SCI/Codeword access and possess the requisite "need to know." Sincerely,

Daniel Marcus General Counsel