Dm B3 Fbi 2 Of 2 Fdr- 7-3-03 Letter From Fbi O-brien Re Moussaoui Documents And Non-disclosure Agreement 302

JUL-03-2003

18=29

General Counsel - FBI

u.C5. Lrepanmem 01 justice

P.02/03

Federal Bureau of Investigation

Office of (he General Counsel

Washington, D.C. 205SS

July 3,2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 Dear Mr. Marcus: I write in response to your Document Requests 5 and 7 issued to the Federal Bureau of Investigation (FBI). We have assembled a vast amount of responsive material that can be produced promptly upon the completion of a suitable nondisclosure agreement pursuant to the government's obligations with respect to the prosecution of Zacarias Moussaoui in the Eastern District of Virginia. As you are aware, Mr. Moussaoui is facing capital charges related to his role in terrorist activities directed towards the United States. Under various protective orders issued by the court in this case, as well as the local rules governing cases in the Eastern District of Virginia, and consistent with the responsibilities of the United States in providing Mr. Moussaoui with a fair trial, it is necessary for the Department of Justice and the Commission to enter into an appropriate nondisclosure agreement to prevent pretrial disclosure of Moussaoui-related materials. We are currently in discussions with you on finalizing the terms of that agreement and look forward to executing an agreement very soon. Upon execution of the necessary agreement, the FBI is prepared to begin a rolling production of substantial amounts of Moussaoui-related materials. In order to make the information most accessible and easy for the Commission to use, we are prepared to produce this material in an electronic, searchable format. As an additional convenience, the documents could be turned over for use at the Commission's offices or at FBIHQ if the Commission prefers. We plan to continue to supplement this production on an ongoing basis with additional responsive materials. The first installment of the rolling production, which could be completed upon execution of the nondisclosure agreement, would include a substantial number of FBI 302's and approximately 550 lab and evidence reports from the PENTTBOM file.

JUL-03-2003

18=29

General Counsel - FBI

P.03/03

Production of additional responsive Moussaoui-related materials will continue on an ongoing basis. Production of materials subject to the nondisclosure agreement will be clearly identified. Responsive materials not subject to the nondisclosure agreement will be produced separately. We believe the foregoing represents a significant benefit to the Commission and will go a long way to providing it the information it needs to complete its important work — while at the same time protecting Mr. Moussaoui's right to a fair trial. We remain committed to assisting the Commission in its efforts and look forward to continuing our cooperative relationship in the future.

*atrick M. O'Brien

TOTRL P.03