Dm B4 Fisa Fdr- 4-27-04 Letter To Judge Allan Kornblum- Interview Request 305
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April 27,2004 Thomas H. Kean CHAIR
Fred F. Fielding
The Honorable Allan Kornblum United States District Court for the Northern District of Florida 401 SE First Avenue, Suite 383 Gainesville, FL 32601
Jamie S. Gorelick
Dear Judge Kornblum:
Lee H. Hamilton VICE CHAIR Richard BervVeniste
Slade Gorton Bob Kerrey John F. Lehman Timothy J. Roemer James R. Thompson
Philip D. Zelikow EXECUTIVE DIRECTOR
As you know, the National Commission on Terrorist Attacks Upon the United States (better known as the 9-11 Commission) is directed by statute to prepare a full and complete account of the circumstances surrounding the September 11, 2001 terrorist attacks, including the nation's preparedness for, and immediate response to, the attacks. The Commission is also chartered to identify and evaluate lessons learned and provide recommendations to prevent future acts of terrorism upon our nation. Meetings with knowledgeable individuals are essential to developing an authoritative narrative of the September 11, 2001 attacks. As Deputy Counsel for the Office of Intelligence Policy and Review and Legal Advisor to the Foreign Intelligence Surveillance Court during a central part of our inquiry, your perspective is vital to the Commission's understanding of 9-11 and its immediate aftermath, and we are therefore writing to request a meeting with you during the week of May 24, 2004. The Commission wishes to discuss several significant topics with you, including your description, analysis, and assessment of: The creation of the Attorney General's July 1995 procedures for information sharing between the Federal Bureau of Investigation and the Criminal Division. The Federal Bureau of Investigation's handling of the FISA process, including the presentation of relevant information to the Court, adherence to the various restrictions placed on it by the Court, and understanding of the requirements of the FISA process. The Office of Intelligence Policy and Review's handling of the FISA process, including the presentation of relevant information to the Court, development of additional restrictions on the information sharing that were incorporated into Court opinions, and understanding of the requirements of the FISA process.
301 7th Street SW, Room 5125
26 Federal Plaza
Washington, DC 20407
Suite 13-100
T 202.331.4060 F 202.296.5545
New York, NY 10278
www.9-1 lcommission.gov
T 212.264.1505 F 212.264.1595
The Honorable Allan Kornblum April 27, 2004 Page 2
•
The relationship between the FBI and OIPR in the FISA process and how that relationship affected the FISA process.
•
The evolution of relevant legal authorities under the Foreign Intelligence Surveillance Act and the balance between security and the protection of civil liberties.
We are, of course, interested in any other issues you deem relevant to the Commission's understanding of 9-11 specifically and counterterrorism policy generally, as well as your thoughts on policy recommendations for the future. Select members of the staff will attend. It is the general policy of the Commission to record such meetings. Please contact Barbara Grewe at (202) 331-8923 to indicate your availability for such a meeting and to relay any questions you may have. Thank you in advance for your time and cooperation with the Commission and its staff in this important matter. Yours sincerely,
Thomas H. Kean Chair
Lee H. Hamilton Vice Chair
Fred F. Fielding
The Honorable Allan Kornblum United States District Court for the Northern District of Florida 401 SE First Avenue, Suite 383 Gainesville, FL 32601
Jamie S. Gorelick
Dear Judge Kornblum:
Lee H. Hamilton VICE CHAIR Richard BervVeniste
Slade Gorton Bob Kerrey John F. Lehman Timothy J. Roemer James R. Thompson
Philip D. Zelikow EXECUTIVE DIRECTOR
As you know, the National Commission on Terrorist Attacks Upon the United States (better known as the 9-11 Commission) is directed by statute to prepare a full and complete account of the circumstances surrounding the September 11, 2001 terrorist attacks, including the nation's preparedness for, and immediate response to, the attacks. The Commission is also chartered to identify and evaluate lessons learned and provide recommendations to prevent future acts of terrorism upon our nation. Meetings with knowledgeable individuals are essential to developing an authoritative narrative of the September 11, 2001 attacks. As Deputy Counsel for the Office of Intelligence Policy and Review and Legal Advisor to the Foreign Intelligence Surveillance Court during a central part of our inquiry, your perspective is vital to the Commission's understanding of 9-11 and its immediate aftermath, and we are therefore writing to request a meeting with you during the week of May 24, 2004. The Commission wishes to discuss several significant topics with you, including your description, analysis, and assessment of: The creation of the Attorney General's July 1995 procedures for information sharing between the Federal Bureau of Investigation and the Criminal Division. The Federal Bureau of Investigation's handling of the FISA process, including the presentation of relevant information to the Court, adherence to the various restrictions placed on it by the Court, and understanding of the requirements of the FISA process. The Office of Intelligence Policy and Review's handling of the FISA process, including the presentation of relevant information to the Court, development of additional restrictions on the information sharing that were incorporated into Court opinions, and understanding of the requirements of the FISA process.
301 7th Street SW, Room 5125
26 Federal Plaza
Washington, DC 20407
Suite 13-100
T 202.331.4060 F 202.296.5545
New York, NY 10278
www.9-1 lcommission.gov
T 212.264.1505 F 212.264.1595
The Honorable Allan Kornblum April 27, 2004 Page 2
•
The relationship between the FBI and OIPR in the FISA process and how that relationship affected the FISA process.
•
The evolution of relevant legal authorities under the Foreign Intelligence Surveillance Act and the balance between security and the protection of civil liberties.
We are, of course, interested in any other issues you deem relevant to the Commission's understanding of 9-11 specifically and counterterrorism policy generally, as well as your thoughts on policy recommendations for the future. Select members of the staff will attend. It is the general policy of the Commission to record such meetings. Please contact Barbara Grewe at (202) 331-8923 to indicate your availability for such a meeting and to relay any questions you may have. Thank you in advance for your time and cooperation with the Commission and its staff in this important matter. Yours sincerely,
Thomas H. Kean Chair
Lee H. Hamilton Vice Chair
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