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OFFICE OF THE VICE PRESIDENT Washington, D.C. 20501 FACSIMILE TRANSMISSION

TO:

Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Fax 202-296-5545

FROM:

David S. Addington, Counsel to the Vice Presidem Tel. (202) 456-9089; Fax (202) 456-6429

DATE:

July 15,2003

PAGES: 3 pages (including this page) NOTE:

Please see attached letter.

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OFFICE OF THE VICE P R E S I D E N T WASHINGTON

CLOSED SESSION MATERIAL VIA FAX TO 202-296-SS45

July 15, 2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street NW Washington, B.C. 20407 Dear Mr. Marcus: RE:

Commission's OVP Document Request No. 2, Dated July 1,2003, Relating to Title VI of Public Law 107-306

This is in response to your OVP Document Request No. 2 requesting copies of Vice Presidential executive materials responsive to the following description: 1. Contemporaneous notes of individuals present in the PEOC [President's Emergency Operations Center] or accompanying the President on September 11, 2001, including notes of the Vice President, members of his staff; and Mrs. Cheney.

A diligent search of the Office of the Vice President retrieved the following documents that may be responsive to your request: Numbered Pages 000566-000570 000571 -000585 0005 86-000600 000601-000607

\t Nature of Pages fax notes prepared by David S. Addington, Counsel to the Vice President and related fax machine receipts notes prepared by Mary Matalin, then-Counselor to the Vice President classified notes prepared by Lewis Libby, Chief of Staff to the Vice President notes prepared by Richard B. Cheney, Vice President of the United States (with additional marks in the handwriting of others on page 000607)

Pages numbered 000566 through 000570,000571 through 000585, and 000601 through 000607 are now available to the Commission, consistent with this letter, in the Eisenhower Executive Office Building during office hours on reasonable notice. Because pages numbered 000586 through 000600 consist largely of classified notes of meetings of the National Security Council (NSC) or its subgroups, I have referred those pages to the Legal Adviser to the National Security Council for processing by lie NSC in accordance with the arrangements established between the Commission and the executive branch with respect to Commission access to NSC material. The search of the Office of the Vice

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President found no notes prepared by Mrs. Cheney in the possession, custody or control of the Office of the Vice President. As we agreed in our telephone conversation today, the Commission will limit access to the Vice President's notes (pages 000601-000607) to the members of the Commission and no more than a very small number of Commission staff to be identified to us (which will include the Executive Director and the General Counsel). Mrs. Cheney wishes to cooperate with the Commission and assist the Commissioners in the execution of their statutory duties. Accordingly, Mrs. Cheney has agreed to lend the notes that she took in the PEOC on September 11,2001 to me for the sole purpose of enabling me to make the notes available to the Commission on terms that will assure both their continued confidentiality and their return to Mrs. Cheney at the earliest possible date. As we agreed in our telephone conversation today, the Commission will limit access to the Mrs. Cheney's notes to the members of the Commission and no more than a very small number of Commission staff to be identified to us (which will include the Executive Director and the General Counsel). Please note that items in the notes dealing with U.S. Secret Service relocations and other protective actions taken on September 11, 2001 with respect to Secret Service protectees are sensitive, as may be the reference at die top of page LVC15; that information should be closely held by the Commission personnel who have access to the information. Mrs. Cheney's notes, handmarked pages LVC01 through. LVC16, are now available to the Commission, consistent with this letter, in the Eisenhower Executive Office Building during office hours on reasonable notice. Please advise me when the Commission has no further need for access to Mrs. Cheney's notes. The materials described above and all materials that are subsequently furnished (whether by delivery or by making them available), are furnished as a matter of comity with due regard for the constitutional separation of powers and reserving all legal authorities and privileges that may apply, including with respect to other governmental entities or private parties. All materials are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects the materials and their contents from unauthorized disclosure and from use for any purpose other than the legislative purpose for which the Commission issued the document request. The Office of the Counsel to the President advises me that the arrangements for access to materials set forth above are consistent with arrangements observed by the Commission with respect to White House Office materials. If the Commission and the White House Office should adjust those arrangements over time in light of their experience in this cooperative effort, we would be prepared to consider the same adjustments. To provide notice of your requests for access to the materials as described above, please contact Deputy Counsel to the Vice President Courtney Elwood (202-4561623) or me (202-456-9089). Please direct further requests, if any, for Vice Presidential executive materials to me by facsimile transmission at (202) 456-6429.

David S. Addington Counsel to the Vice President

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