Dm B7 Senate Select Committee On Intelligence Fdr- Entire Contents- Correspondence W Ssci Re Interview And Document Requests 382

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick

February 2, 2004 William Duhnke Majority Staff Director Select Committee on Intelligence SH-211 Hart Senate Office Building Washington, B.C. 20510-6475 Dear Mr. Duhnke:

Slade Gorton Bob Kerrey John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

As you know, the statute that created the National Commission on Terrorist Attacks Upon the United States (Public Law 107-306) directs the Commission to investigate the facts and circumstances surrounding the September 11, 2001 terrorist attacks, including the nation's preparedness for, and immediate response to, those attacks, as well as to evaluate the lessons learned from those attacks and to make recommendations for preventing future attacks. As part of its investigation, the Commission requests interviews with the following members of the Select Committee's staff during the weeks of February 16 or February 23, 2004, to be held at the Commission's K Street offices, if possible. Please provide a proposed date and time for each interview no later than February 11, 2004. The anticipated length of each interview is two hours. 1. William Duhnke 2. Christopher Mellon 3. Melvin Dubee The Commission anticipates that these interviews will involve the discussion of classified information. The topics to be discussed include (a) Congressional oversight of intelligence activities related to counter-terrorism; (b) the management of the Intelligence Community; and (c) the intelligence-related events and circumstances leading up to the attacks of September 11, 2001. The Commission reserves the right to re-interview these individuals based on the results of the requested interviews and the needs of the Commission. Thank you for your cooperation in this matter. Sincerely,

)aniel Marcus im -7* c cw/ D cnc General Counsel 301 7th Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545cc: www.9-llcommission.gov

christopher

Mellon, Minority Staff Director

26 Federal Plaza Suite 13-100 New York, NY 10278 T 212.264.1505 F 212.264-1595

October 22, 2003 The Honorable Pat Roberts Chairman The Honorable John D. Rockefeller IV Vice Chairman Select Committee on Intelligence SH-211 Hart Senate Office Building Washington, D.C. 20510-6475 Dear Mr. Chairman and Mr. Vice Chairman: We have received your letter dated September 12, 2003, responding to our request for a transcript of the closed hearing that the Select Committee on Intelligence held on September 4, 2003. Your own description of that hearing confirms that it covered topics at the core of the Commission's statutory mandate. While the Commission has requested enormous amounts of substantive information from appropriate Executive Branch departments and agencies, such departments and agencies cannot provide us with the precise statements made by the witnesses at that hearing in response to questioning by members of the Select Committee. Nor do we know what substantive information the witnesses may have volunteered at the hearing. For these reasons, as we stated in our letter dated September 5, 2003, access to a transcript of that hearing is crucial to the Commission's work. We therefore reiterate our request, on behalf of the Commission, that the Select Committee on Intelligence provide the Commission with access to the transcript of the September 4th hearing as soon as possible, either by providing a copy to the Commission or by permitting Commission staff to review it at the Committee's offices. We appreciate your statement indicating that the Select Committee's staff will comply with the Commission's request for documents dated August 12, 2003, and we look forward to receiving copies of the requested documents promptly. With best regards,

Thomas H. Kean Chair

Lee H. Hamilton Vice Chair

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Gorelick Slade Gorton

October 22,2003 The Honorable Pat Roberts Chairman The Honorable John D. Rockefeller IV Vice Chairman Select Committee on Intelligence SH-211 Hart Senate Office Building Washington, D.C. 20510-6475 Dear Mr. Chairman and Mr. Vice Chairman:

John F. Lehman •Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

We have received your letter dated September 12, 2003, responding to our request for a transcript of the closed hearing that the Select Committee on Intelligence held on September 4,2003. Your own description of that hearing confirms that it covered topics at the core of the Commission's statutory mandate. While the Commission has requested enormous amounts of substantive information from appropriate Executive Branch departments and agencies, such departments and agencies cannot provide us with the precise statements made by the witnesses at that hearing in response to questioning by members of the Select Committee. Nor do we know what substantive information the witnesses may have volunteered at the hearing. For these reasons, as we stated in our letter dated September 5,2003, access to a transcript of that hearing is crucial to the Commission's work. We therefore reiterate our request, on behalf of the Commission, that the Select Committee on Intelligence provide the Commission with access to the transcript of the September 4th hearing as soon as possible, either by providing a copy to the Commission or by permitting Commission staff to review it at the Committee's offices. We appreciate your statement indicating that the Select Committee's staff will comply with the Commission's request for documents dated August 12,2003, and we look forward to receiving copies of the requested documents promptly. With best regards,

Thomas H. Kean Chair

Lee H. Hamilton Vice Chair 301 7th Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-llcommission.gov

PAT ROBERTS, KANSAS, CHAIRMAN JOHN D. ROCKEFELLER, IV, WEST VIRGINIA, VICE CHAIRMAN ORRIN G. HATCH, UTAH MIKE DEWINE, OHIO CHRISTOPHER S. BOND, MISSOURI TRENT LOTT, MISSISSIPPI OLYMPIA J. SNOWE, MAINE CHUCK HAGEL, NEBRASKA SAXBYCHAMBLISS, GEORGIA JOHN W. WARNER, VIRGNIA

CARL LEVIN, MICHIGAN DIANNE FEINSTEIN, CALIFORNIA RON WYDEN, OREGON RICHARD J. DURBIN, ILLINOIS EVAN BAYH, INDIANA JOHN EDWARDS, NORTH CAROLINA BARBARA A. MIKULSKI, MARYLAND

BILL FRIST, TENNESSEE, EX OFFICIO THOMAS A. DASCHLE, SOUTH DAKOTA, EX OFFICIO

SSCI#2003-4172

Baited States SELECT COMMITTEE ON INTELLIGENCE WASHINGTON, DC 20510-6475

September 12, 2003

BILL DUHNKE, STAFF DIRECTOR CHRISTOPHER K. MELLON, MINORITY STAFF DIRECTOR KATHLEEN P. MCGHEE, CHIEF CLERK

The Honorable Thomas Kean Chairman The Honorable Lee Hamilton Vice Chairman National Commission on Terrorist Attacks Upon the United States 301 7th Street, S.W. Room 5125 Washington, D.C. 20407 Dear Mr. Chairman and Mr. Vice Chairman: We have received your September 5, 2003 letter requesting a copy of the transcript of a September 4, 2003, closed hearing of the Select Committee on Intelligence. That hearing concerned the classification of certain portions of the Joint Inquiry report. To the extent any portion of this closed hearing might have relevance to matters of statutory interest to the Commission, we suggest that the Commission request the relevant substantive information from the appropriate Executive Branch departments and agencies. Our Committee Staff will soon provide information associated with the Commission's broader request for records dated August 12, 2003. These materials should be beneficial to the Commission's effort to examine the "relevant facts and circumstances relating to the terrorist attacks of September 11, 2001," including "the role of congressional oversight and resource allocations." If we may be of further assistance, please do not hesitate to contact us. Sincerely,

Terts Chairman

John D. Rockefeller IV Vice Chairman

S\ON ON

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Gorelick

September 5, 2003 The Honorable Pat Roberts Chairman Select Committee on Intelligence SH-211 Hart Senate Office Building Washington, B.C. 20510-6475 Dear Mr. Chairman:

Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EV

\TIVE DIRECTOR

As you know, the statute that created the National Commission on Terrorist Attacks Upon the United States (Public Law 107-306) directs the Commission to investigate the facts and circumstances surrounding the September 11, 2001 terrorist attacks, including the nation's preparedness for, and immediate response to, those attacks, as well as to evaluate the lessons learned from those attacks and to make recommendations for preventing future attacks. We understand that the Select Committee on Intelligence held a closed briefing yesterday on topics at the core of the Commission's statutory mandate, with testimony from witnesses including the Director of Central Intelligence and the Director of the Federal Bureau of Investigation. Access to a transcript of that briefing is crucial to the Commission's work. We therefore request, on behalf of the Commission, that the Select Committee on Intelligence provide the Commission with a copy of the transcript of the briefing held yesterday as soon as possible, and in any event no later than September 19,2003. If you have any questions or concerns about this document request, we request that you call the Commission's General Counsel, Daniel Marcus, at 202-331-4065 as soon as possible so that any potential issues can be resolved promptly. With best regards,

Thomas H. Kean Chair Cc:

Lee H. Hamilton Vice Chair

The Honorable John D. Rockefeller IV Vice Chairman 301 7 lh Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-1 lcommission.gov

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PAT BO (ILK I i. KANSAS, CHA|HM*N JOHN B. BOCt«FELUf», IV. WCSTWIBOINI*. VICt qiAlRMM* CAUL LEVIK MICHIGAN

OBBINO. HATCH, u IAN . CHRISTDPHIH SI BONO. MISSOURI TMNT ion. MISSISSIPPI OLtMltA-l SNQUIE. MAINt CHUCK HAGEL. NlBKAt^A . JOHN W. WMINSH. UIRGNIA

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RON WIDEN. D J. DURBIN. ILUNOIIi . BARBARA A. MHaA£*l. MARYLAND

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SELECT COMMITTEE ON INTELUI<3tNC6

WASHINGTON.

October 7, 2003

Mr. Philip D. Zelikow Executive Director National Commission on Terrorist Attacks Upon the United States 3017* Street SW Room 5125 Washington, D.C. 20407 Dear Mr. Zelikow; On August 28, 2003, representatives of the National Commission on Terrorist Attacks Upon the United States (Commission) met with counsel of the Select Committee on Intelligence (SSCI) to discuss the Commission's letter of August 12, 2003. In its August 12 letter, the Commission requests the disclosure of certain documents in the possession of the SSCI. According to the request, these documents are necessary for the Commission's review of "relevant facts and circumstances relating to the terrorist attacks of September 11, 2001," including "the role of congressional oversight and resource allocation." On behalf of the Chairman and Vice Chairman, we are taking several steps to permit members and staff of the Commission to review requested documents and to identify, in the records of the SSCI, other documents that the Commission may need to facilitate its work. Initially, we will make documents available for staff to review according to paragraphs 1-8. Should the Commission need working copies of documents or require the formal release of any of the reviewed documents, additional action by the SSCI or Senate may be necessary. 1.

Unless otherwise specified, all documents made available to the Commission are for review purposes only. With respect to such review, access to such documents shall be restricted to appropriately cleared members or staff of the Commission with an official "need to know." Pending further action, as necessary, by the SSCI and the Senate, the Commission is not authorised to release or otherwise disclose - to the public, to any governmental agency, to any Commission members or staff

Mr. Philip D. Zelikow October 7, 2003 Page 2

without appropriate clearances, or to any cleared Commission members or staff without an official "need to know" - the contents of any document made available to it by the SSCI, 2.

The SSCI consents to Commission review of documents within the scope of the Commission's August 12 request that are identified in the holdings of any element of the Intelligence Community, as follows: a.

Letters of approval/disapproval from the SSCI to the Director of Central Intelligence (DCI), or to any other U.S. Government official, regarding a request by an element of the Intelligence Community for reprogramming or supplemental funding or for a release from the Central Intelligence Agency Reserve for Contingencies concerning counterterrorism activities from 1990 to September 2001;

b.

Correspondence from 1990 to September 2001 between the Chairman and/or Vice Chairman of the SSCI and the DCI, Secretary of Defense, Secretary of State, Secretary of the Treasury, Attorney General, or the head of any element of the Intelligence Community, regarding the Intelligence Community's counterterrorism efforts, including efforts against Usama Bin Laden, al Qa'ida, terrorist financing networks, and efforts with foreign partners to collect intelligence or otherwise act against terrorist targets.

With respect to documents provided for review under this paragraph, the SSCI requests that the Commission provide a list of all reviewed documents, including the subject and date of the letter or correspondence. The SSCI, thereafter, will check its records against the Commission list to verify, to the extent possible, that all appropriate documents have been made available to the Commission for its review. 3.

Any document identified in SSCI holdings, dated prior to September 2001, and within the scope of paragraphs 1,2,3,5, or 6 of the Commission's August 12 request will be made available to the Commission for review in SSCI secure spaces, or such other secure spaces mutually agreed to by the

Mr. Philip D, Zelikow October 7,2003 Page 3 SSCI and the Commission. With respect to paragraph 6 of the Commission's 12 August request, if the SSCI identifies correspondence by "the Senate leadership through SSCI channels," such documents may be made available for review after consultation with the Senate Legal Counsel. 4,

The SSCI will provide a list of all hearings, including date and an unclassified description of the subject matter, from 1995 through September 2001, and will identify those that specifically focus on the Intelligence Community's counterterrorism efforts. If the Commission seeks additional information regarding a specific hearing topic, the SSCI will attempt to provide such information. Due to the sensitive nature of some of the topics, the specific subject of the hearing may be classified. The SSCI will work with the Commission to ensure that sufficient information regarding the subject matter of the hearing is conveyed to appropriately cleared Commission members and staff with an official "need to know" in a manner that meets the Commission's needs and protects any classified or otherwise sensitive information,

5,

With respect to transcripts for hearings from 1995 to September 2001 specifically focused on the Intelligence Community's coumerterrorism efforts, the SSCI will make available to the Commission for review by appropriately cleared Commission members or staff with an official "need to know" such transcripts in SSCI secure space, or such other secure spaces mutually agreed to by the SSCI and the Commission. These transcripts will identity any members, staff, witnesses, and other individuals present for any portion of the hearing. Consistent with Commission representations, the SSCI consents to review of these transcripts with the understanding that attendance by or absence of individual members or staff at a particular hearing does not necessarily reflect the level of participation by such members or staff in SSCI business on any particular topic. The SSCI reiterates that its consent has not been granted to the Commission for release of any information associated with any SSCI hearing transcript, pending further SSCI and Senaie action.

Mr. Philip D. Zelikow October 7,2003 Page 4 6.

Following Commission review of the documents made available by the SSCI based on the Commission's August 12 request, the Commission may request the release solely to the Commission of a working copy of any identified document.

7.

If a working copy of any document requested under Paragraph 6 is released by the SSCI for review by the Commission, the working copy and all duplicates (if any) of the working copy reproduced by the Commission, including any copies that have been marked by Commission members or staff, shall be retained by the Commission in a separate file. Upon termination of the Commission, these documents shall be returned to the SSCI to be maintained as SSCI documents at the National Archives and Records Administration or such other facility identified by the SSCI. Future access to these documents will be controlled by the SSCI. Within such SSCI holdings, these documents will be identified and maintained separately as documents released to the Commission and returned.

8.

The SSCI wishes to discuss further the manner in which notes taken by Commission members or staff regarding SSCI documents provided for Commission review will be maintained and disposed. In keeping with the objectives of our agreement concerning review, access, and return of such documents, the SSCI directs that Commission members and staff maintain their notes separately until an agreement regarding their maintenance and disposition can be reached.

As discussed at the August 28 meeting, the SSCI will begin a review of all files for the requested documents. The SSCI will make every effort to ensure that a substantial portion of these documents is made available for review by October 24, 2003. With respect to documents dated pre-1997, the SSCI will provide a list of documents that may be responsive to the Commission's request. If the Commission identifies documents from this list that are of further interest, the SSCI will make such documents available for review when retrieved from the National Archives and Records Administration.

Mr. Philip D. Zelikow October 7,2003 PageS The SSCI notes that many of the Commission's August 12 requests seek documents or hearing transcripts covering SSCI activities that occurred after September 2001. The SSCI is willing to discuss making such documents or hearing transcripts available to the Commission on a case-by-case basis. You have also informed us of your wish to interview both present and former members and staff of the SSCI. Given the particular sensitivity of the information provided to these members and staff, including the potentially privileged information that could be disclosed, and to ensure compliance with Senate rules and practices and any applicable nondisclosure agreements, we appreciate the Commission's agreement to provide to the SSCI a list of all current and former SSCI staff that the Commission identifies as potential interviewees. With respect to current and former SSCI staff, the SSCI will seek to facilitate interviews consistent with applicable Senate rules, practices, and associated privileges. We also appreciate the Commission's agreement to provide the SSCI with a copy of any request to interview a present or former member of the SSCI. In any Commission correspondence with present or former SSCI members, please inform the members that they may contact the SSCI Staff Director or Minority Staff Director should they have any questions regarding their obligations under the Senate Rules or should they wish to review any SSCI information. The SSCPs phone number is (202) 224-1700. We appreciate your cooperation on these matters and look forward to working with you and your staff. Sincerely,

LL^—.

Bill Duhnke Staff Director and Chief Counsel

Jiris Mellon Minority Staff Director