Ny B5 Pa Request Fdr- 11-12-02 Doj Letter To Pa Re Ny Times Foi Request For Reports 730

U.S. Department of Justice United States Attorney Eastern District of Virginia

PauiJ. MoNulfy United Stales Attorney

Brian D. Miller Assistant United SMts Attorney 2100 Jamleson Avenue Alexandria, Virginia 22314

Telephone: 703-299-3809 Facsimile: 703-399-3983

November 12,2002 VIA FEDERAL EXPRESS Jeffrey S. Green, Esq. General Counsel The Port Authority of New York & New Jersey 225 Park Avenue South, 18th Floor New York, NY 10003 RE:

The New York Times' FOI Request (Your Reference No. 4098)

Dear Mr. Green: On November 6,2002, the United States Attorney's Office received copies of more than 400 pages of written reports generated or kept by the Port Authority that recount the events of September 11,2001. In accordance with my letter of October 4,2002, our office has reviewed these documents and has no objection to the release of all of these documents but three. The three documents are: (1) the April 4,2002 Report of Police Officer John F. Collins; (2) the March 11, 2002 Report of Det. John Fitzgerald and Det. James J. Wheeler; and (3) the January 7, 2002 Report of Det. Thomas McHale, Jr. For your convenience, all of the copies (with these three reports tabbed) are enclosed. A copy of this letter, without enclosures, will be sent to counsel for the New York Times, pursuant to my letter of October 4, 2002. The United States Attorney expresses no opinion regarding whether any of the materials described in this letter should or should not be released under the applicable provisions of the Port Authority1 s Freedom of Information Policy. That decision can only be made by the Port Authority. With respect to the documents identified above, our office respectfully suggests that they were compiled for public safety, law enforcement and official investigatory purposes, and their release will interfere with ajudicial proceeding. Additionally, the release of these documents could possibly prejudice the defendant's right to a fair trial or impartial adjudication. Accordingly, it appears that their release by you would not be consistent with your freedom-of-information policy.

Jeffrey S. Green, Esq. November 12, 2002 Page 2 Thank you for your assistance and cooperation in this matter. If you have any questions or comments, please do not hesitate to contact me. Very truly yours, PAULJ.McNULTY United States Attorney

BRIAN D. MILLER Assistant United States Attorney Enclosures cc: Jay Brown, Esq. (without enclosures)