Dm B4 Gorelick Fdr- Doj Document Request Responses 321

U.S. Department of Jusu Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D. C. 20530

May 5, 2004

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 15 to the Department, which requested memoranda reporting on the substance of interviews of five individuals, which were conducted by the Attorney General's Review Team on the Handling of the Los Alamos National Laboratory Investigation. Enclosed are five classified documents, totaling 28 pages, provided by the United States Attorney's Office for the Eastern District of Virginia in response to this Request. We trust that the Commission will handle and store these documents in accordance with the requirements relating to their classification. I hope that this information is helpful. Please do not hesitate to contact this Office if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

.S. Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D.C. 20530

May 5, 2004

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This supplements our previous responses to the Commission's Document Request No. 13 to the Department, which requested materials in four categories relating to the Foreign Intelligence Surveillance Act (FISA) and information sharing matters. Enclosed are two documents, totaling 15 pages, that were provided by the Department's Executive Secretariat in response to this request and that may have been previously provided to the Commission in response to another Request. We will supply Bates stamped versions of these materials in the near future. We also have two classified documents, totaling 38 pages, from the Office of the Deputy Attorney General in which the Department has substantial confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review at the Department by appropriately cleared Commission staff at their convenience. Finally, on April 30, 2004, we provided the Commission with a complete copy of Appendix D to the Bellows Report, which is a classified collection of fifty-five documents, pursuant to your agreement that it would not be disclosed outside of the Commission and any documents that we determine should be made available for access only will be returned to the Department. We have now determined that the Department has substantial confidentiality interests in only the last three documents in the collection because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. Accordingly, we would like to make arrangements to retrieve those documents from the Commission in the near future and they will, of course, remain available for staff review at the Department.

I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this matter. Sincerely,

William E. Moschella Assistant Attorney general

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D.C. 20530

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April 30, 2004 Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This supplements our previous response today to the Commission's Document Request No. 13 to the Department, which requested materials in four categories relating to the Foreign Intelligence Surveillance Act (FISA) and information sharing matters. Enclosed is Appendix D to the Bellows Report, which is classified and responsive to the first category of the Request, which we are providing pursuant to your agreement that it will not be disclosed outside of the Commission and any documents that we determine should be made available for access only will be returned to the Department. We have not yet had an opportunity to review this collection of fifty-five document to evaluate our deliberative process interests and, as noted in our prior letter today, several of the documents have already been made available to the Commission. We will advise the Commission further when our review of the Appendix is complete with regard to whether any of the documents should be returned to the Department for further review in accordance with our practice concerning sensitive deliberative process materials. We also have enclosed additional unclassified documents in response to Request 13, which originated with the Office of Intelligence Policy and Review and, like other documents produced today, have not yet been formally processed. We will supply Bates stamped versions of these materials in the near future. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this matter. Sincerely,

William E. Moschella Assistant Attorney general