Dm B3 Dod 1 Of 2 Fdr- Letter From Dod Re Separation Of State Documents From Dod Materials Prior To Delivery To Commission 270

SbNT BY: UOD OGC;

OFFICE OF GENERAL COUNSEL 1600 DEFENSE PENTAGON WASHINGTON, DC 2O3O1-16OO

January 9, 2004 Jaime Borek, Esq. Department of Stale Jaime, My office requests your assistance concerning two regularly disseminated DoS documents (date time groups: 211432 JUL 98 and 230745Z JUL 98) ibund attached to DoD materials that are responsive to DoD Document Request #6-1 from the National Commission on Terrorist Attacks Upon the United Stales (the "Commission"). DoD Document Request #6-1 reads: "Documents, briefing papers or presentations prepared or compiled by the Office of" Secretary of Defense (OSD) and/or the Joint Chiefs of Staff (JCS) for use by OSD and/or JCS representatives attending the Principal' (including the "Small Group") or Deputies' Committee Meetings discussing Usama bin Laden (UBL), al Qa'ida, Afghanistan (including the Northern Alliance and/or the Taliban), Pakistan, Saudi Arabia, Yemen, Sudan, and /or general counterterrorisrn policy from January t, 1998 through September 20,2001."

The DoS documents were removed from the DoD materials prior to their delivery to the Commission. This was done in order to allow the DoS to coordinate with the Commission for any access to these DoS documents. Please contact me at (703) 602-0997 with any questions. Warmest Regards, Jonathan Lehner Captain, USA Office of Legal Counsel cc: Dan Marcus, General Counsel, Commission