Dm B5 Dept Of Justice Oig Fdr- Entire Contents- Correspondence-document Request Responses-withdrawal Notices 144

WITH DRAWAL NOTICE RG: 148 Box: 00002 Series: Copies: 1

Folder: 0001 Document: 31 Dan Marcus Files Pages: 3

ACCESS RESTRICTED The item identified below has been withdrawn from this file: Folder Title: [Department of Justice] OIG Document Date: 05-24-2004 Document Type: Letter From: Roger Williams To: Barbara Grewe

Subject:

Complaint received by DOJ/OIG

In the review of this file this item was removed because access to it is restricted. Restrictions on records in the National Archives are stated in general and specific record group restriction statements which are available for examination.

NND: 221 Withdrawn: 02-25-2008

by:

RETRIEVAL #: 221 00002 0001 31

U. S. Department of Justice Office of the Inspector General SECRET UNCLASSIFIED WHEN CLASSIFED ENCLOSURE REMOVED

May 28, 2004 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7* street SW, Room 5125 Washington, DC 20407 Re: Request for OIG Materials Dear Mr. Marcus: I am writing in further response to your letter of May 19, 2003, which requested materials from the Office of the Inspector General (OIG). Enclosed with this letter are four documents, including two memoranda of interviews (MOIs), that are responsive to your request, as follows: Description

Moussaoui-Related

• Pages 467 - 470 (classified information redacted) from OIG Report entitled "The Handling of FBI Intelligence Information Related to the Justice Department's Campaign Finance Investigation" (July 1999) • A document identified by Bates stamp numbers 014062 - 014068 • MOI of|

105/03/04)

• MQIof Michael Rolince (05/20/04)

M

We understand that the Commission and the Department of Justice have reached an agreement about the use of materials that may be related to the criminal prosecution of Zacarias Moussaoui. Accordingly, at the Department's request, we have designated the documents that the Department believes SECRET UNCLASSIFIED WHEN CLASSIFED ENCLOSURE REMOVED 9/11

Closed by S t a t u t e

SECRET UNCLASSIFIED WHEN CLASSIFED ENCLOSURE REMOVED

are subject to the agreement. Those documents are identified by the letter "M" in the second column heading above. Please contact me at (202) 616-0645 if you have any questions or if you need further information. Sincerely,

F. Ochoa Director Office of Oversight and Review cc: Dan Levin Counselor Office of the Associate Attorney General

SECRET UNCLASSIFIED WHEN CLASSIFED ENCLOSURE REMOVED

U. S. Dj

Office of the Inspector Geneni SECRET— UNCLASSIFIED WHEN CLASSIFIED ENCLOSURE REMOVED

March 30, 2004 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7* Street SW, Room 5125 Washington, DC 20407 Re: Request for OIG Materials Dear Mr. Marcus: I am writing in further response to your letter of May 19, 2003, which requested materials from the Office of the Inspector General (OIG). Enclosed with this letter are memoranda of interview (MOI) for the following 3 interviews: Name JONES, Greg

1. 2.

3.

SAMIT. Harrv

I

I

Date 02/13/04

MOI / Notes MOI

Moussaoui-Related M

02/03/04

MOI

M

02/05/04

MOI

We understand thjat the Commission and the Department of Justice have reached an agreement about the use of materials that may be related to the criminal prosecution of Zacarias Moussaoui. Accordingly, at the Department's request, we have designated the meijnoranda which the Department believes are subject to the agreement. Those memoranda are identified by the letter "M" in the last column of the list of interview memoranda. Please contact mie at 202-616-0645 if you have any questions about the enclosed materials. i ;

i I i Enclosure

Sincerely,

Carol F. Ochoa Director Office of Oversight and Review

I

9/11 Law Enforcement Sensitive cc: Dan Levin Counselor Office of the Associate Attorney General SECRET UNCLASSIFIED WHEN CLASSIFIED ENCLOSURE REMOVED

U. S. Department of Justice """>% OfficVof the Inspector General y SECRET "^ UNCLASSIFIED WHEN CLASSIFIED ENCLOSURE REMOVED

January 23, 2004 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7* Street SW, Room 5125 Washington, DC 20407 Re: Request for OIG Materials Dear Mr. Marcus: I am writing in further response to your letter of May 19, 2003, which requested materials from the Office of the Inspector General (OIG). Enclosed with this letter are documents bearing Bates stamp numbers 013287 - 013447. These documents were originally provided to the OIG by the Federal Bureau of Investigation (FBI). At the FBI's request, we have redacted the blacked-out information in the documents bearing Bates stamp numbers 013294 and 013305. If you object to the redactions, please contact Richard Kelly, FBI Unit Chief, 911 Task Force, at 324-7498. In response to your letter of December 18, 2003, we are also enclosing copies of the OIG's notes made by Barbara Grewe of certain Central Intelligence Agency (CIA) documents. The notes bear the Bates stamp numbers 013448 - 013546. We received notification from Jolene Lowery yesterday evening that the CIA consents to the release of the unredacted notes. Please feel free to contact me at 202-616-0645 if you have any questions or if you need further information. Sincerely,

Carol F. Ochoa Director Office of Oversight and Review Attachment cc: Dan Levin Office of the Associate Attorney General SECRET UNCLASSIFIED WHEN CLASSIFIED ENCLOSURE REMOVED

CSV3N O,V

Thomas H Kean CHAIR

December 18, 2003

LeeH. Hamilton VICE CHAIR

Richard Beit Veniste Fred F. Fielding Jamie S. Gorelick Skde Gorton

Ms. Carol F. Ochoa Director, Office of Oversight and Review Office of the Inspector General U.S. Department of Justice 950 Pennsylvania Avenue, NW, Suite 4322 Washington, DC 20530-0001

Bob Kerrey

Re:

Request for OIG Notes on CIA Documents

John Lehman Timothy J. Roemer

Dear Ms. Ochoa:

James R. Thompson

Pursuant to our previous correspondence with Inspector General Glenn Fine and our discussions with you, I am writing on behalf of the National Commission on Terrorist Attacks Upon the United States (the "Commission") to request formally that the Office of the Inspector General ("OIG") provide the Commission copies of the OIG's notes of CIA documents made by Barbara Grewe in the course of the OIG's 9/11 review.

Philip D. Zelikow EXECUTIVE DIRECTOR

Thank you for your prompt response to this request. Please do not hesitate to contact Barbara Grewe at 202-331-8923 if you have any questions. Sincerely,

^/Daniel Marcus General Counsel cc: Dan Levin, DOJ

TEL (202) 331-4060 FAX (202) 296-5545 www.9-llcommission.gov

Thomas H. Kean

November 3,2003

CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste MaxQeland Fred F. Fielding Jamie S. Gorelick Skde Gorton

Ms. Carol F. Ochoa Director, Office of Oversight and Review Office of the Inspector General U.S. Department of Justice 950 Pennsylvania Avenue, N.W., Suite 4322 Washington, D.C. 20530-0001 Re: Request for information on materials provided to the Inspector General

John Lehman Timothy J. Roemer James R Thompson Philip D. Zelikow EXECUTIVE DIRECTOR

Dear Ms. Ochoa: Pursuant to our correspondence with Inspector General Glenn Fine and our discussions with you, I am writing on behalf of the National Commission on Terrorist Attacks Upon the United States (the "Commission") to request formally that the Office of the Inspector General ("OIG") provide the Commission with lists or indices of interviewees and supporting documentation created by the Department of Justice Office of Inspector General in connection with the following reports and audits: 1. "The September 11 Detainees: A Review of the Treatment of Aliens Held on Immigration Charges in Connection with the Investigation of the September 11 Attacks" (June 2003); 2. "The Immigration and Naturalization's Service's Contacts with Two September 11 Terrorists: A Review of the INS's Admissions of Mohamed Atta and Marwan Alshehhi, its Processing of their Change of Status Applications, and its Efforts to Track Foreign Students in the United States" (May 2002); and 3. "Follow-Up Report on the Border Patrol's Efforts to Improve Northern Border Security," Report No. 1-2002-004 (February 2002). Thank you for your prompt response to these requests. Please do not hesitate to contact me if you have any questions. Sincerely,

)aniel Marcus General Counsel TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-1 lcommission.gov

U.S. Department of Justice

Office of The Inspector General / uiiM^ji^

July 29, 2003 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, DC 20407 Re: Request for OIG Materials Dear Mr. Marcus: I am writing in further response to your letter of May 19, 2003, which requested materials from the Office of the Inspector General. This letter accompanies six boxes of documents that are responsive to your requests. We also enclose an index of the documents. A copy of the index is also included in the front of each box. We understand that the Commission and the Department of Justice have reached an agreement about the use of materials that may be related to the criminal prosecution of Zacarias Moussaoui. Accordingly, at the Department's request, we have designated on the index the files which the Department believes are subject to the agreement. Those files are identified by the letter "M" in the sixth column of the index. For files containing some but not all Moussaoui-related documents, we have noted in Attachment No. 1 to the index the specific Bates numbers of those documents that have been designated as Moussaoui-related. Please note that not all of the files listed on the index as being responsive to your request are being produced. At the request of the Department, we have not included documents that are subject to non-disclosure because of a court order or that are under consideration by the Department for executive privilege issues. Where appropriate, the index indicates whether an entire file or a portion of a file is not included. In addition, Attachment No. 2 to the index lists the Bates numbers of the documents that are not included and the reason.

This production also does not contain documents classified as "Top Secret" or "SCI." Those documents will be provided to you in a separate production early next week. Pursuant to the security requirements for the handling of classified materials, the Top Secret and SCI documents will be produced in person and not via a courier. Please contact me at 202-616-0645 if you have any questions or if you need further information. Sincerely,

Carol F. Ochoa Director Office of Oversight and Review cc: John Knepper

WITH DRAWAL NOTICE RG: 148 Box: 00002 Series: Copies: 1

Folder: 0001 Document: 34 Dan Marcus Files Pages: 7

ACCESS RESTRICTED The item identified below has been withdrawn from this file: Folder Title: [Department of Justice] OIG Document Date: 07-28-2003 Document Type: Attachment/Enclosure From: To: Subject:

List of documents provided from the DOJ OIG's revi ew of pre-September 11 matters

In the review of this file this item was removed because access to it is restricted. Restrictions on records in the National Archives are stated in general and specific record group restriction statements which are available for examination.

NND: 221 Withdrawn: 02-25-2008

by:

RETRIEVAL #: 221 00002 0001 34

US. Department of Justice

Office of The Inspector General

July 22, 2003 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, DC 20407 Re: Request for OIG Materials and Reports Dear Mr. Marcus: I am writing in further response to your letter of June 17, 2003, which requested materials and reports from the Office of the Inspector General. Enclosed are copies of the following reports requested in section C of your letter: • Independent Evaluation Pursuant to the Government Information Security Reform Act (GISRA), Fiscal Year 2001, of the Federal Bureau of Investigation's (FBI) Intelligence Information System Network (Audit Report 03-18, issued March 2003); • Independent Evaluation Pursuant to GISRA, Fiscal Year 2002, of the FBI's Automated Case Support System (ACS) (Audit Report 03-06, issued November 2002); • Independent Evaluation Pursuant to GISRA, Fiscal Year 2002, of the FBI's DRUGX Interactive Trusted Guard (Audit Report 03-05, issued November 2002); • Review of the FBI Headquarters Information Systems Control Environment, Fiscal Year 2001 (Audit Report 02-37, issued September 2002); • Independent Evaluation Pursuant to GISRA, Fiscal Year 2001, of the FBI Headquarters and Clarksburg, West Virginia Data Centers Administrative and Investigative Mainframe Systems (Audit Report 0219, issued May 2002);

• Review of the FBI Headquarters Information Systems Control Environment, Fiscal Year 2000 (Audit Report 01-31, issued September 2001); • Review of the FBI Headquarters Information Systems Control Environment, Fiscal Year 1999 (Audit Report 01-13, issued March 2001); • Review of the FBI Headquarters Data Center and Information Systems Control Environment, Fiscal Year 1998 (Audit Report 00-23, issued September 2000); and • Review of the FBI Headquarters Data Center, Fiscal Years 1996-1997 (Audit Report 99-11, issued March 1999). Please contact me at 202-616-0645 if you have any questions or if you need further information. Sincerely,

Carol F. Ochoa Director Office of Oversight and Review

U.S. Department of Justice

x5*^

I

, /

/

Office of The Inspector General

July 24, 2003 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, DC 20407 Re: Request for OIG Materials Dear Mr. Marcus: I am writing in further response to your letter of May 19, 2003, which requested materials from the Office of the Inspector General. This letter accompanies five boxes of witness interview transcripts, tapes, memoranda, and notes that are responsive to your requests. We also enclose an alphabetical index of those materials. We understand that the Commission and the Department of Justice have reached agreement about the use of materials that may be related to the criminal prosecution of Zacarias Moussaoui. Accordingly, at the Department's request, we have designated on the index materials which the Department believes are subject to the agreement. Those materials are identified by the letter "M" in the fifth column of the index. Please contact me at 202-616-0645 if you have any questions or if you need further information. Sincerely,

Carol F. Ochoa Director Office of Oversight and Review cc: John Knepper

WITHDRAWAL NOTICE RG: 148 Box: 00002 Series: Copies: 1

Folder: 0001 Document: 35 Dan Marcus Files Pages: 5

ACCESS RESTRICTED The item identified below has been withdrawn from this file: Folder Title: [Department of Justice] OIG Document Date: 07-24-2003 Document Type: Attachment/Enclosure From:

To: Subject:

List of all interviews conducted by DOJ OIG during review of Pre-9/11 matters

In the review of this file this item was removed because access to it is restricted. Restrictions on records in the National Archives are stated in general and specific record group restriction statements which are available for examination.

NND:221 Withdrawn: 02-25-2008

by:

RETRIEVAL #: 221 00002 0001 35

U.S. Department of Justice Office of The Inspector General

9.2003 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, DC 20407 Re: Request for OIG Materials and Reports Dear Mr. Marcus: I am writing in further response to your letters of May 19 and June 17, 2003, which requested materials and reports from the Office of the Inspector General (OIG). Enclosed are copies of the following reports requested in section A of your June 17th letter:
A Review of the Federal Bureau of Investigation's Counterterrorism Program: Threat Assessment, Strategic Planning and Resource Management Report No 02-38 (September 2002)

V^*

Audit of the Department of Justice Counterterrorism Fund Report No. 99-28 (September 1999)

/"•

Management of the Federal Bureau of Investigation's Safe Streets Fugitive Task Forces Audit Report No. 97-28 (September 1997)

•

Federal Bureau of Investigation Annual Financial Statement Fiscal Year 2001 Audit Report No. 02-36 (September 2002)

>/•

Federal Bureau of Investigation Annual Financial Statement Fiscal Year 2000 Audit Report No. 01-14 (May 2001)

V •

Federal Bureau of Investigation Annual Financial Statement Fiscal Year 1999 Audit Report No. 00-15 (July 2000)

^•

Federal Bureau of Investigation Annual Financial Statement Fiscal Year 1998 Audit Report No 99-20 (July 1999)

"

Federal Bureau of Investigation Annual Financial Statement Fiscal Year 1997 Audit Report No 98-17 (July 1998)

u

Consolidated Annual Financial Statement Fiscal Year 2001 Report No. 02-06 (March 2002)

•

U.S. Department of Justice Annual Financial Statement Fiscal Year 2000 Report No. 01-07 (February 2001)

•

U.S. Department of Justice Annual Financial Statement Fiscal Year 1999 Report No. 00-06 (February 2000)

•

U.S. Department of Justice Annual Financial Statement Fiscal Year 1998 Report No. 99-05 (February 1999)

•

U.S. Department of Justice Annual Financial Statement Fiscal Year 1997 Report No. 98-07A (February 1998)

We have contacted the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA) about your request to review relevant portions of the OIG's Ames and Campaign Finance reports (items A.3 and A.4). While we have no objection to allowing the Commission access to these reports, we are seeking the CIA's and the FBI's concurrence because the material originated with those two agencies. Both of these reports contain Sensitive Compartmented Information (SCI) or Codeword information from the FBI and the CIA related to sensitive sources and methods. Because access to SCI is closely controlled, your request to review these reports will require special handling by the OIG. We ask that you identify for us the specific individuals who will need access to the information in these reports. We will then coordinate your request for access to these SCI reports with the FBI and the CIA. With regard to the items you request in section B of your June 17th letter, the OIG's audits regarding the FBI's legal attache program and FBI casework are ongoing. A draft of the FBI casework audit has been sent to the FBI for comment, and we believe the audit will be completed shortly. We will provide that to you as soon as it is finalized. The OIG is still in the middle of fieldwork for the audit regarding the FBI legal attache program. We would be glad to provide you with a copy of that audit report when it is completed. In response to your request in section C for other potentially relevant OIG reports, enclosed is the OIG's March 2002 report entitled "An Investigation of the Belated Production of Documents in the Oklahoma City Bombing Case."

In addition, the OIG's Evaluations 86 Inspections Division has identified the following reports, all of which relate to the INS, that may be responsive to the description you provide in Section C. Copies of the following reports are enclosed for your review: •

Status of IDENT/IAFIS Integration, Report No. 1-2003-005, June 2003

•

Foliow-Up Review on The Immigration And Naturalization Service's Efforts to Track Foreign Students in The United States Through The Student And Exchange Visitor Information System, Report Number I2003-003, March 2003

•

The Immigration and Naturalization Service's Removal of Aliens Issued Final Orders, Report Number 1-2003-004, February 2003

•

Immigration and Naturalization Service's Ability to Provide Timely and Accurate Alien Information to the Social Security Administration, Report Number 1-2003-001, November 2002

•

Follow-Up Report On INS Efforts To Improve The Control Of Nonimmigrant Overstays, Report No. 1-2002-006, April 2002

•

Follow-Up Report on the Border Patrol's Efforts to Improve Northern Border Security (Redacted Version), Report No. 1-2002-004, February 2002

•

Follow-up Report on the Visa Waiver Program, Report No. 1-2002-002, December 2001

•

Follow-up Report on Improving the Security of the Transit Without Visa Program, Report No. 1-2002-005, December 2001

•

Status of IDENT/IAFIS Integration, Report No. 1-2002-003, December 2001

•

Identifying Current Challenges to INS's Plans for Using Risk Management in the Seaport Environment, Report No. 1-2000-15, March 2000

•

Border Patrol Efforts Along the Northern Border, Report No. 1-2000-04, February 2000

•

The Potential for Fraud and INS's Efforts to Reduce the Risks of the Visa Waiver Pilot Program, Report No. 1-99-10, March 1999

•

Voluntary Departure: Ineffective Enforcement and Lack of Sufficient Controls Hamper the Process, Report No. 1-99-09, March 1999

•

Review of the Immigration and Naturalization Service's Automated Biometric Identification System (IDENT), Report No. 1-98-10, March 1998

•

Immigration and Naturalization Service Monitoring of Nonimmigrant Overstays, Report No. 1-97-08, September 1997.

Finally, we have compiled the materials you requested in your letter to Inspector General Fine dated May 19, 2003. We understand that you are discussing with the Counselor to the Attorney General the conditions related to your use of the materials. We will be glad to provide you with the materials once an agreement is reached. We are also seeking concurrence from the CIA for release of the interview materials regarding their employees. Please contact me at 202-616-0645 if you have any questions or if you need further information. Sincerely,

Carol F. Ochoa Director Office of Oversight and Review

U.S. Department of Justice

Office of The Inspector General

May 21, 2003 Mr. Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street S.W., Room 5125 Washington, D.C. 20407 Dear Mr. Marcus: This is in response to your letter of May-19, 2003, in which you request various items gathered during the ongoing Office of the Inspector General review of the FBI's handling of intelligence information prior to the terrorist attacks of September 11, 2001. We are willing to cooperate with you to assist the Commission in fulfilling its statutory mandate. Please contact Carol Ochoa, the Director of our Office of Oversight and Review (the unit conducting our review), at (202) 616-0635, to discuss your requests and the appropriate procedures to get the documents to the Commission. Sincerely,

Glenn A. Fine Inspector General