Dm B5 Moussaoui Fdr- Letter From Marcus To Ashcroft Re Search Warrants 123

Thomas H. Kean

August 21, 2003

CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Max Cleland

The Honorable John Ashcroft Attorney General Department of Justice Washington, DC 20530

Fred F. Fielding

Re: Access to Search Warrant Materials

Jamie S. Gorelick

Dear Mr. Attorney General:

Slade Gorton John 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 (the "Commission") is pursuing its mandate to, inter alia, investigate the facts surrounding the terrorist attacks that took place on September 11, 2001, evaluate the evidence developed by governmental agencies regarding those facts, and report on the United States' preparedness for and immediate response to the attacks. In pursuing this mission, the Commission is examining the role of admitted Al-Qaeda operative Zacarias Moussaoui, who currently is under indictment and awaiting trial in the Eastern District of Virginia on charges related to the September 11 attacks. We understand that criminal search warrants relating to Mr. Moussaoui were issued by federal courts around the country and remain under seal. Fulfillment of the Commission's legislative mandate requires the Commission to evaluate the factual and legal basis for the search warrants as well as the nature of the information yielded by the ensuing searches. In particular, the Commission intends to consider, inter alia', whether the Government could have obtained search authority and the resulting information before the September 11 attacks; whether earlier receipt of such information could have helped prevent the attacks; and whether such information has been properly exploited by appropriate members of the Intelligence Community. Accordingly, the Commission hereby requests the Department to make, as soon as practicable, whatever court submissions or applications that may be necessary to afford the Commission access to the search warrant applications and related materials. The Commission's requests to the Department of Justice and other agencies have been treated by all concerned as confidential. The Commission concurs in similar nonpublic treatment of any application for unsealing, pending a subsequent determination by the Commission of appropriate public use of information. Thank you very much for your continued assistance to the Commission. Sincerely,

TEL (202) 331-4060 FAX (202) 296-5545 www.9-11 commission.gov