Sd B5 White House 1 Of 2 Fdr- Letter From Gonzeles Declining Rice Testimony 433

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THE WHITE HOUSE WASHINGTON

February 23,2004 Thomas H. Kean, Chairman Lee H. Hamilton, Vice Chairman National Commission on Terrorist Attacks Upon the United States 2100KSt.N.W. Washington, D.C. 20037 Dear Chairman Kean and Vice Chairman Hamilton: I am writing in response to your letter, dated February 20, 2004, to Dr. Condoleezza Rice, Assistant to the President for National Security Affairs, requesting that she testify before the National Commission on Terrorist Attacks Upon the United States ("Commission") at its public hearing scheduled for March 23-24 on counterterrorism policy. Dr. Rice is unable to accept your invitation. It is longstanding Executive branch policy, applied during administrations of both parties, that the President and his staff should decline invitations to testify before legislative bodies such as the Commission. I had previously advised you that the White House would honor this policy in response to a request to testify. Because, however, the President fully supports the important work of the Commission, he has accommodated the Commission's needs, consistent with principles of separation of powers, by allowing members of the Executive Office of the President ("EOP") to meet with the Commission privately. In fact, the Commission has met privately with 12 EOP officials to date, including with Dr. Rice for more than four hours on February 7, 2004. My understanding is that Dr. Rice fully answered all the questions posed to her by the Commission at the meeting, and that the Commission has obtained the information necessary to complete its work from this private meeting and other information made available to the Commission. I look forward to continuing to work with you as the Commission completes its work in a timely manner. Sincerely, Alberto R. Gonzales Counsel to the President