Sd B4 Subpoenas Nyc Fdr- Nyc Subpoena 096

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

November 21,2003 BY FACSIMILE (212)442-1735 Lawrence Kahn, Esq. Chief Litigation Assistant New York City Law Department Office of the Corporation Counsel 100 Church Street, 6th Floor New York, NY 10007

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

Philip D. Zelikow EXECUTIVE DIRECTOR

Dear Mr. Kahn: As you know, the National Commission on Terrorist Attacks Upon the United States has voted to issue a subpoena to the City of New York for the production of certain documents and records. Thank you for agreeing to accept service of the subpoena on behalf of the City. A member of the Commission's staff will serve the original subpoena by hand on Monday. A courtesy copy of the subpoena is enclosed. Please let me know if you have any questions. Sincerely,

Daniel Marcus General Counsel cc: John Farmer, Senior Counsel

301 7 lh Street SW, Suite 5125 Washington, DC 20407 T 202.331.4060 K 202.296.5545 \vww.9-l loom in ission.yov

26 Federal Plaza Suite 13-100 New York, NY 10278 T 212.264.1505 F 212.264.1595

NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

SUBPOENA To the City of New York, Greeting: Pursuant to lawful authority, YOU ARE HEREBY COMMANDED to produce no later than December 3,2003, at the offices of the National Commission on Terrorist Attacks Upon the United States, 301 7th Street, S.W., Room 5125, Washington, D.C., the books, records, correspondence, memoranda, papers, and documents set forth in Attachment A. Any contumacy or failure to obey this subpoena may subject you to sanctions and penalties provided by law. This subpoena to be served by any member of the staff of the National Commission on Terrorist Attacks Upon the United States.

Given under my hand, by vote of the Commission, this 21st day of November, 2003.

Thomas H. Kean Chair, National Commission on Terrorist Attacks Upon the United States

ATTACHMENT A Tapes and transcripts for all "911" calls to the City of New York (including any of its departments and agencies) on September 11,2001, relating to the terrorist attacks on the World Trade Center; and Records of all interviews conducted in connection with any report, study, evaluation, critique, summary, review, or historical project relating to the New York City Fire Department's response, from September 11, 2001 through September 20, 2001, to the terrorist attacks on the World Trade Center. The term "documents" shall be interpreted broadly to mean written, recorded, and graphic materials of every kind in the City of New York's possession, custody, or control, including (without limitation) computer files, electronic mail, notes, drafts, and non-identical copies. The term "computer files" includes information stored in, or accessible through, computer or other information retrieval systems, translated, if necessary, by the City of New York into reasonably useable form.