Ny B37 Pa Doc Production 12-8-03 Fdr- Entire Contents- Transmittal Letter 900

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oo£,33 THE POffr AUTHORITY

December 8, 2003

Sam Caspersen, Esq. Counsel National Commission on Terrorist Attacks Upon the United States 26 Federal Plaza - 13th Floor New York, NY 10278 Re: Handwritten statements of Detective Thomas McHale Jr., Police Officer John F. Collins and Detectives John Fitzgerald and James J. Wheeler Dear Mr. Caspersen: I received a telephone call on Friday evening from AUSA David Novak, Esq., who advised me that he had been in contact with your General Counsel's office and that it was now okay to release to your office the above referenced statements of the four officers. As you are aware, the US Attorney's office had previously instructed us not to release those materials to various requesting parties because they are to be used as evidence in Moussaoui trial. Mr. Novak also indicated that these statements will be handled in accordance with the agreement reached between your office and his office. Please note that the statement of Detectives John Fitzgerald and James J. Wheeler is a joint one. I am also enclosing a copy of Police Division Instructions (PDFs) for your information. Very truly yours,

//JamesM Deputy Gene Counsel 212-435-3502 cc: Daniel Marcus, General Counsel

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