Dm B7 White House 2 Of 2 Fdr- Document Request Responses 429

NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 2O5O4

April 7, 2004 Daniel Marcus, Esq. General Counsel, National Commission on Terrorist Attacks Upon the United States VIA HAND DELIVERY Dear Mr. Marcus: Consistent with the President's clearly stated a policy of strong support for the National Commission on Terrorist Attacks Upon the United States ("Commission"), and upon the specific request of you and Executive Director Zelikow, we are willing to lend the Commission several Executive Office of the President (EOF) documents from this morning until the conclusion of Dr. Rice's testimony tomorrow. As we discussed last night, these documents, which you have advised us are "core" to your hearing preparations, are: • • •

A set of documents prepared by Richard Clarke, with cover note dated January 25 , 200 1 ; Memorandum from Roger Cressey/Richard Clarke to Dr. Rice dated September 3, 2001, entitled "September 4 Principals Committee Meeting on Counterterrorism;" and The draft of what became our policy directive on eliminating al-Qa'ida following an NSC Principals Committee meeting of September 4, 2001.

We will this morning lend copies of the original classified documents to you. We also plan to provide you shortly with versions that have been declassified to the extent possible in order to aid in questioning by Commissioners at the hearing. These documents are currently being reviewed by CIA according to their normal declassification process. As we discussed, the EOF and the Commission agree that these materials are, and remain, the property of the EOP, that they are on loan to the Commission until the conclusion of Dr. Rice's testimony tomorrow, and that this loan sets no precedent. In addition, you have agreed that: these documents will be stored and handled by the Commission Security Officer, or his designee, in accordance with applicable regulations; no copies will be made, or verbatim notes taken, from these documents; that records will be kept of who reviews these documents; that they will be reviewed only by Commissioners and staff previously designated to have access to these EOP materials; and that there will be no discussions of the contents of these documents other than with and between Commissioners and previously designated staff.

Separately, although we agree that it is not a "core" document, we have agreed to loan the Commission, until the conclusion of Dr. Rice's testimony, a copy of Dr. Rice's draft 9/11 address on arms control/missile defense issues which, as you know, was neither final, nor ready for delivery at the time of the attacks. I hope the Commission finds this extraordinary accommodation helpful to its work and look forward to continuing to work with you. Sincerely,

John B. Bellinger, III Senior Associate Counsel to the President Legal Adviser to the National Security Council

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THE WHITE HOUSE WASHINGTON

November 19,2003 Daniel Marcus, Esq. General Counsel

National Commission on Terrorist Attacks Upon the United States 2lOOKS1restN.W. Washington, D.C. 20037 Dear Mr. Marcus: Following up on our prior discussions, I have returned under separate cover notes taken by Warren Bass while reviewing certain sensitive documents made available to the Commission hi response to EOP Document Request Nos. 2 and 3. As you will see, I have returned, unredacted, 88 of tie 105 pages of notes. As we have discussed, however, the remaining 17 pages of notes are being retained for Mr. Bass' use, during reasonable business hours, at the secure NEOB reading room, because of the degree to which they deviate from our understanding of the principles for Commission review and handling of EOP documents (memorialized in your letter to me of July 29,2003). Based on his review of a few hundred pages of highly sensitive documents, Mr. Bass produced notes that totaled more than 100 pages and included numerous verbatim quotations. Our primary concern, however, as we have discussed, is that tixe notes "effectively recreate" ^ several lengthy documents. In many cases, for example, each substantive point of an original document can be mapped to a grammaticaUy-compressed rendition of the same point within the \ notes, so that, even though the notes consume less space on paper, they effectively recreate ,—^ substantial portions of the source document We believe this violates the letter and the spirit of our agreement regarding review of EOP documents. Although many of the notes being returned also, in our view, violate these principles, only mose notes most egregiously violating the principles are being retained. Together these redactions reduce the volume of the notes by about 17 pages. Although the remaining notes also effectively recreate many other sensitive documents, or substantial portions thereof, we are providing them to you as an accommodation, recognizing that there may have been a good faith misunderstanding regarding tbe principles governing the release of notes. All of the original notes, in their unredacted form, will, of course, continue to be available for review by Mr. Bass in the NEOB reading room. The EOP has worked to provide the Commission with unprecedented access to a set of documents of extraordinary sensitivity. As we have previously discussed, a critical part of the arrangements provided for the review of EOP documents is the reasonable application of our understanding regarding the handling of those documents' contents. While we are willing to return Mr. Bass' notes as an accommodation this time, please be advised that in the future we intend to maintain for the Commission's use, at the NEOB reading room — at least absent a particularized showing of need — all notes that effectively recreate documents, or portions

thereof, in tihe manner described above. We believe the most reasonable way to comply with the existing arrangementss and to fecilitate the release of notes in the future, is for the Commission to review and analyze documents during visits to the NEOB reading room and request the removal only of those notes sufficient to allow the Commission to complete its work and prepare a report This approach will help protect the Constitutional interests of the Presidency while enabling the Commission to complete its work in a timely fashion. Sincerely,

lonheim Associate Counsel to the President

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THE WHITE HOUSE iWASHjj

January 15, 2004

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Daniel Marcus, Esq. General Counsel National Commission on Terrorist Attacks Upon the United States 2100KStrectN.W. Washington, D.C. 20037 Dear Mr. Marcus: Consistent with the President's clearly stated policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"), and as a matter of comity between the legislative and executive branches, the Executive Office of the President ("HOP") is making available to the Commission documents and information that may be responsive to the Commission's request entitled "Supplement to EOF Document Request No. 2," dated December 1,2003. These documents (Bates numbered 4304 - 4365), which are available in the New Executive Office Building ("NEOB") reading room, reflect the results of inquiries made of relevant offices within the HOP in response to the request as we have discussed. Please be advised that some of these documents may not be responsive to the Commission's request, because we have not been able to confirm that all the pages were (I) "contemporaneous notes" (2) of "individuals present in the White House Situation Room" (3) from September 11, 2001. We are, however, making them available to the Commission in an abundance of caution and as an accommodation to the Commission. This letter also will memorialize that notes of EOF official Paul Kurtz were made available to Commission staff in mid-December 2003 and now are in the NEOB reading room (Bates numbered 4304 - 4321). These documents are being produced as part of a "rolling production/' pursuant to our agreement and the terms of the request. We will continue to advise you if we locate any additional responsive documents. The referenced documents and information, and all documents and information subsequently furnished, are furnished (whether by delivery or by making them available) with due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entities or private parties. Documents and other information are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the purpose for which the Commission made the request. Sincerely,

Thsmas A. Monheim Associate Counsel to the President

THE WHITE HOUSE WASHINGTON

August 25, 2003 Daniel Marcus, Esq. General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street N.W. Washington, D.C. 20037 Dear Mr. Marcus: As you know, the President has clearly stated a policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"). Consistent with that policy, and as a matter of comity between the legislative and executive branches, we are responding to the Commission's requests entitled "EOF Document Request No. 4," dated August 4, 2003 (the "Document Request") and "EOF Briefing Request No. 1," dated August 4, 2003 (the "Briefing Request"). Regarding the Document Request, we do not believe that the Executive Office of the President has any responsive documents. Our inquiries are, however, ongoing, and we will advise you if we identify any responsive documents. Regarding the Briefing Request, we will continue to work with you to determine how we might reasonably accommodate your request. Sincerely,

mas A/Monheim Associate Counsel to the President

fi UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES THE WHITE HOUSE WASHINGTON

August 13,2003 Daniel Marcus, Esq. General Counsel National Commission on Terrorist Attacks Upon the United States 2100KStreetN.W. Washington, D.C. 20037 Dear Mr. Marcus: As you know, the President has clearly stated a policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"). Consistent with that policy, and as a matter of comity between the legislative and executive branches, we are enclosing documents that may be responsive to the Commission's request entitled "EOF Document Request No. 3," dated July 23, 2003 (the "Request"). The enclosed documents reflect the results of inquiries made of relevant offices within the Executive Office of the President ("EOF") in response to the Request. These inquiries are ongoing, and we anticipate furnishing additional documents shortly. The enclosed documents comprise (i) twelve White House transcripts of interviews with President Bush (with pages numbered 1338-1459); (ii) three Executive Orders (with pages numbered 1460-1469); and (iii) classified annexes to the annual report to Congress on counterterrorism funding prepared by the Office of Management and Budget from 1998 through 2002 (with pages numbered 1470-1549). I note that the Commission previously requested - and we previously provided - White House transcripts of Bob Woodward's interviews with President Bush. Pursuant to the terms of the Request, we are providing only the portions of the transcripts that "discus[s] the facts and circumstances surrounding the 9-11 attack and the immediate response of the United States." All portions of the documents provided in response to the Request that are marked as "nonresponsive material" will be made available to the Commission as discussed between the Counsel to the President and the Chairman and Vice-Chairman of the Commission. I also note that the Commission could reasonably have obtained the OMB submissions directly from Congress, but we are providing them to you as an accommodation in response to your Request. Please be advised that I have identified a few additional documents that may be responsive to EOF Document Request No. 2, dated June 4, 2003. Those documents, which we will place in the reading room, comprise certain Presidential movement and call logs from September 11, 2001 (with pages numbered 1550-1554) and (ii) additional Counterterrorism Support Group material (with pages numbered 1555 et seq). I note that we have previously provided the Commission with the President's Daily Diary from September 11, 2001, and logs from the White House Situation Room, the Presidential Emergency Operations Center, and the White House Military Office for September 11, 2001. As we have consistently advised you, we continue to search for responsive materials pursuant to our "rolling production" agreement. UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES

UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES

The enclosed documents and information, and all documents and information subsequently furnished, are furnished (whether by delivery or by making them available) with due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entities or private parties. Documents and other information are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the legislative purpose for which the Commission made the request. Sincerely,

Tjnomas A/Monheim Associate Counsel to the President Enclosures

UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES

UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES THE WHITE HOUSE WASHINGTON

August 13, 2003 Daniel Marcus, Esq. General Counsel National Commission on Terrorist Attacks Upon the United States 2100KStreetN.W. Washington, D.C. 20037 Dear Mr. Marcus: Following up on our prior discussions, I am sending you the enclosed notes taken by Richard Ben-Veniste, Tim Roemer, and Dana Hyde while reviewing certain sensitive documents made available to the Commission in response to EOF Document Request No. 2. As I explained during our meeting last Thursday, portions of these notes do not comply with our subsequent understanding of the principles for Commission review and handling of EOF documents (memorialized in your letter to me dated July 29, 2003). For example, Ms. Hyde's notes -- and, to a lesser extent, Mr. Ben-Veniste's notes — "effectively recreate" substantial portions of the EOF documents reviewed. Moreover, Mr. Roemer 's notes — and, to a lesser extent, Mr. Ben-Veniste's notes — directly quote EOF documents and those quotes are not "reasonably limited." Nevertheless, we are returning these notes to the Commission as an accommodation, in large part because they were taken before the note-taking procedures were finalized. We understand, however, that you will share our concerns with the Commission to ensure compliance with the letter and spirit of our agreement in the future. Our provision of these notes to you without redactions is based in part on your representation that the Commission will abide by the agreed-upon presumption to not quote from presidential deliberative materials in the Commission's report. This letter also applies to some of the notes, which we returned to you last week, taken on NSC documents. Finally, as agreed at our meeting last week, notes taken by Mr. Hurley on highly sensitive documents, which did "effectively recreate" significant portions of highly sensitive documents, will be retained by the EOF, but will, of course, be available for review by Mr. Hurley in the NEOB. We continue to appreciate the constructive way in which you and we have been able to work together to balance the constitutional interests of the Executive Branch with the needs of the Commission in carrying out its important mission. Sincerely, Tjicjmas AMonheim Associate Counsel to the President Enclosures UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES

THE W H I T E HOUSE WASHINGTON

August 7, 2003 Daniel Marcus, Esq. General Counsel National Commission on Terrorist Attacks Upon the United States 2100KStreetN.W. Washington, D.C. 20037 Dear Mr. Marcus: As you know, the President has clearly stated a policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"). Consistent with that policy, and as a matter of comity between the legislative and executive branches, we are enclosing additional documents, with pages numbered 1276-1337, that maybe responsive to the Commission's request entitled "EOP Document Request No. 1," dated May 13, 2003 (the "Request"). The enclosed documents reflect the results of inquiries made of relevant White House offices in response to the Request. The enclosed documents comprise transcripts of (i) an interview with Chief of Staff Andrew H. Card, Jr. on August 16, 2002; (ii) an interview of former Press Secretary Ari Fleischer on August 6, 2002; and (iii) three interviews of Governor Tom Ridge on August 26, 2002. Pursuant to the terms of the Request, we are providing only the portions of the transcripts that "discus[s] the facts and circumstances surrounding the 9-11 attack and the immediate response of the United States." All portions of the documents provided in response to the Request that are marked as "non-responsive material" will be made available to the Commission as discussed between the Counsel to the President and the Chairman and Vice-Chairman of the Commission. The enclosed documents and information, and all documents and information subsequently furnished, are furnished (whether by delivery or by making them avajM>le) with due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entities or private parties. Documents and other information are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the legislative purpose for which the Commission made the request. Sincerely,

romas A. Monheim Associate Counsel to the President Enclosures

06/25/03

WED 18:20 FAX

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THE WHITE HOUSE WASHINGTON

June 25, 2003 Daniel Marcus, Esq. National emission on Terrorist Attacks Upon the United States 2100 K Street N.W. Washington, D.C. 20037 Dear Mr. Marcus:

aSyou by letter dated JuL 17, 2003, information responsive to Category 1 is bemg gaAered as expeditiously as possible and will be made available on a "rolling basis. The documents we have made available today reflect the preliminary results of inquiries made to

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completing our search and review of potentially responsive material;hw™^^ still ongoing. We anticipate making additional documents available on a rolling basis.

documents from unauthorized disclosure and from use for any purpose other than the legislative purpose for which the Commission made the request. Sincerely, David G. Leitc Deputy Counsel to the President

06/17/03

TUE 15:03 FAX

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THE WHITE HOUSE WASHINGTON

June 17, 2003 Dear Mr. Marcus: We have received the Commission's "EOF Document Request No. 2" ("Request No. 2"), which has a return date of June 25, 2003. This letter responds to your invitation in that request to "inform the Commission promptly if the production date poses a problem for certain categories of documents." As acknowledged by your staff in discussions prior to the issuance of Request No. 2, and as is implicit in the wording of the request itself, the task of locating, retrieving, and reviewing the materials you request, particularly in Item No. 1, will take longer than the 15 business days allowed by your return date. As you know, there is a large volume of potentially responsive material from which the requested information will need to be identified. Much of the requested information comprises documents from the previous Administration, which are in the legal custody of the National Archives and Records Administration ("NARA") pursuant to the Presidential Records Act. 44 U.S.C. §§ 22012207. The number of individuals at NARA and in the Executive Office of the President ("EOP") with sufficient security clearance to see, and meaningfully review, these materials, is very small. In addition, regulations pursuant to the Presidential Records Act mandate specific periods of review for materials of a former Administration. 36 C.F.R. Part 1270. We initiated searches for the requested materials shortly after receiving Request No. 2, and fully intend to respond to your request on a "rolling" basis, as expeditiously as possible. We will also be happy to keep you apprised of our efforts to make responsive documents available as quickly as possible. As you know, the President has stated the commitment of the Executive Branch to support the work of the Commission. We look forward to continuing our close interaction with Commission staff as you continue with your important work. Sincerely yo David G. Leitch Deputy Counsel to the President Daniel Marcus, Esq.

General Counsel National Commission on Terrorist Attacks Upon the United States 2100KStreetN.W. Washington, D.C. 20037

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