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INSPECTOR GENERAL DEPARTMENT OF DEFENSE 400 ARMY NAVY DRIVE ARLINGTON, VIRGINIA 22202-4704

The Honorable Charles Schumer United States Senate Washington, D.C. 20510-3203

AU6 20 2003

Dear Senator Schumer: This is in further response to your letter of July 9,2003, requesting that the Inspector General "conduct an official inquiry into the allegations made by the Chairman and Vice Chairman of the National Commission on Terrorist Attacks Upon the United States that actions taken by the Department of Defense (DoD) seriously threaten the ability of the Commission to carry out its investigation into the September 11th tragedy within the narrow time frame allotted to it by law." We initiated liaison with senior officials from the National Commission and the Office of the Under Secretary of Defense for Intelligence, the principal DoD point of contact for the National Commission. During the course of several discussions and the acquisition of numerous documents we learned that, after some initial difficulties in establishing a methodology to address National Commission requests, the DoD has responded professionally and vigorously to satisfy all National Commission requirements. Discussions with the National Commission Deputy Executive Director and Deputy General Counsel indicate that the National Commission experience with the DoD since July 8, has improved markedly; all of the requested documents have agreed timelines for delivery. Further, the Deputy Executive Director told us that the relationship with the DoD is "on the right track," and that an inquiry by the Inspector General is not necessary at this time. We continue to receive status reports on National Commission document requests and briefings from the Under Secretary of Defense for Intelligence and will monitor the issue to ensure that the DoD responds quickly and efficiently to all National Commission requests. Should you have any questions regarding this matter, please contact me at (703) 604-8324. Sincerely,

Director Office of Communications ana Congressional Liaison

New York's Senator

CHARLES E. SCHUMER 313 Hart Senate Office Building • Washington, DC 20510 Phone: (202)224-7433 • Fax: (202)228-1218 FOR IMMEDIATE RELEASE July 9, 2003

CONTACT: Phil Singer (202) 224-7433

SCHUMER SEEKS PROBE INTO ALLEGATIONS OF ADMINISTRATION STONEWALLING ON 9/11 COMMISSION Nenireport by bipartisan Commission complains that Pentagon and Justice Department are throwing up roadblocks to 9/11 investigation Schumer urges Inspectors General to probe whether witnesses are being intimidated, if information is being provided on a timely basis Amidst complaints from the bipartisan commission investigating the 9/11 attacks that the Administration is not fully cooperating with the inquiry, US Senator Charles Schumer today will ask for an investigation into whether federal agencies are fully cooperating with the inquiry and urge the President to ensure that federal agencies are complying with the commission's requests. Schumer is introducing a Sense of the Senate this afternoon calling on the White House to redouble its efforts to ensure that federal agencies cooperate with the Commission. The Commission's final report is due in 11 months. According to the First Interim Report released yesterday by the bipartisan leadership of the Commission, both the DOJ and DOD have reportedly thrown up significant roadblocks to the investigation. The DOJ is long overdue in producing requested records and insists on having agency representatives present during the Commission's interviews of officials, a maneuver that may inhibit testimony by these officials. The DOD has not responded to several Commission requests relating to NORAD, the JCS and the DOD's historical office. Other agencies including the CIA and the Department of Homeland Security have also been slow to produce documentation about anti-terrorist resource management and immigration practices before September 11th.

TIME: DATE: PLACE:

2:30PM TODAY - WEDNESDAY, July 9 Senate Radio & TV Gallery The Capitol

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July 9, 2003 The Honorable George W. Bush The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Dear Mr. President, I am concerned that recent allegations made by the Chairman and Vice Chairman of the National Commission on Terrorist Attacks Upon the United States indicate that poor cooperation from federal agencies seriously threatens the Commission's ability to carry out its investigation into the September 11th terror attacks within the narrow time frame allotted to it by law. I respectfully request that the Administration redouble its efforts to work with the Commission. "^

According to the First Interim Report released yesterday by the bipartisan leadership of the Commission, both the Department of Justice (DOJ) and the Department of Defense (DOD) have reportedly thrown up significant road blocks to the investigation. The DOJ is long overdue in producing requested records and insists on having agency representatives present during interviews of serving officials, a maneuver that could inhibit these officials' testimony. The DOD, meanwhile, has not responded to several Commission requests relating to NORAD, the JCS and the DOD's historical office, showing a disturbing disregard for the Commission's work. Other agencies including the Central Intelligence Agency (CIA) and the Department of Homeland Security (DHS) have also been slow to produce documentation about anti-terrorist resource management and immigration practices before September 11th. As you are aware, the law creating the Commission gives it 18 months to complete its investigation, meaning that fewer than 11 months remain. Given the massive amount of material the Commission must examine, this time limit gives investigators little margin for error or delay, hi addition, according to its legal mandate, the Commission has the authority to access all material held by federal agencies relevant to the 9/11 attacks. The behavior of federal agencies, especially the DOJ and the DOD, could be perceived as a means to foreshorten the time the Commission has to complete its investigation while also impinging on its sweeping authority, maneuvers which can only adversely affect the quality of the investigation. Charting the next phase in the War on Terror requires that we incorporate the lessons learned from the national security failures that allowed the September 11th attacks to take place. For this reason, I know that you are committed to a complete investigation of the tragedy and will encourage all federal agencies to cooperate fully with the Commission's requests. Sincerely,

Charles Schumer U.S. Senator

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July 9,2003 Inspector General Glen Fine Department of Justice 950 Pennsylvania Ave, NW Washington DC 20530 Dear Inspector General Fine, I am writing to request that you conduct an official inquiry into the allegations made by the Chairman and Vice Chairman of the National Commission on Terrorist Attacks Upon the United States that actions taken by the Department of Justice (DOJ) seriously threaten the abih'ty of the Commission to carry out its investigation into the September 11th tragedy within the narrow time frame allotted to it by law. According to the First Interim Report released yesterday by the bipartisan leadership of the Commission, the DOJ is long overdue in producing requested records and insists on having agency representatives present during interviews of serving officials, a maneuver that could inhibit these officials' testimony. I believe both actions show a disturbing disregard for the . importance of the Commission's work. As you may be aware, the law creating the Commission gives it 18 months to complete its investigation into the 9/11 attacks, meaning that less than 11 months remain. Given the massive ampunt of material the Commission must examine, this tune limit gives investigators little margin for error or delay in compiling the report. The behavior of the DOJ could be perceived as a means to foreshorten the time the Commission has to complete its investigation.

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In addition, according to the legal mandate of the Commission, investigators have the authority to access all material held by federal agencies relevant to the 9/11 attacks. Given this sweeping authority, it is difficult to understand why the DOJ would delay the release of information to the Commission or require gatekeepers to be present during interviews. As our nation charts its next phase in the War on Terror, we must incorporate the lessons learned from the national security failures that allowed the September 11* attacks to take place. Because the DOJ's tactics can only adversely affect the quality of the investigation and, consequently, the effectiveness of our response, I urge you to launch an immediate inquiry into its lack of cooperation.

Sincerely,

Charles Schumer U.S. Senator

.lARLES t. SCHUMER NEW YORK

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JUDICIARY

WASHINGTON, DC 20510

July 9, 2003 The Honorable Joseph Schmitz Department of Defense 1000 Defense, The Pentagon Washington DC 20301-1000 Dear Inspector General Schmitz, I am writing to request that you conduct an official inquiry into the allegations made by the Chairman and Vice Chairman of the National Commission on Terrorist Attacks Upon the United States that actions taken by the Department of Defense (DOD) seriously threaten the ability of the Commission to carry out its investigation into the September 11th tragedy within the narrow time frame allotted to it by law. According to the First Interim Report released yesterday by the bipartisan leadership of the Commission, the DOD has thrown up significant road blocks to the full and quick resolution of the investigation. Specifically, it has not responded to several Commission requests relating to NORAD, the JCS and the DOD's historical office, showing a disturbing disregard for the importance of the Commission's work. As you may be aware, the law creating the Commission gives it 18 months to complete its investigation into the 9/11 attacks, meaning that less than 11 months remain. Given the massive amount of material the Commission must examine, this time limit gives investigators little margin for error or delay in compiling the report. The behavior of the DOD could be perceived as a means to foreshorten the time the Commission has to complete its investigation. In addition, according to the legal mandate of the Commission, investigators have the authority to access all material held by federal agencies relevant to the 9/11 attacks. Given this sweeping authority, it is difficult to understand why the DOD would delay the release of information to the Commission or not even bother to respond to its inquiries. As our nation charts its next phase in the War on Terror, we must incorporate the lessons learned from the national security failures that allowed the September 11th attacks to take place. Because the DOD's tactics can only adversely affect the quality of the investigation and, consequently, the effectiveness of our response, I urge you to launch an immediate inquiry into its apparent lack of cooperation.

Sincerely,

Charles Schumer U.S. Senator