Sd B5 White House 2 Of 2 Fdr- 8-15-03 Letter From Gonzales Re Commission Review Of Presidential Decision Directives 462

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CONFIDENTIAL COMMUNICATION THE WHITE HOUSE WASHINGTON

August 15,2003 Thomas H. Kean Chairman National Commission on Terrorist Attacks Upon the United States 2100 K. St. N.W. Washington, D.C. 20037 Dear Chairman Kean: As you know, the President has clearly stated a policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"). Consistent with that policy, and as a matter of comity between the legislative and executive branches, we have made available to the Commission highly sensitive and deliberative documents of the Executive Office of the President. Continuing with this extraordinary accommodation, as we discussed earlier this week, we will make available, to the 10 Commissioners and previously designated staff, a number of Presidential Directives (including National Security Presidential Directives and Presidential Decision Directives) and, in one case, several drafts of a directive ultimately signed by President Bush. hi making these materials available, I want to stress that I, and other senior officials, remain most concerned with making this information available outside the Executive Branch. These are not only Presidential documents of the utmost importance and sensitivity but, hi several cases, govern ongoing sensitive U.S. Government operations to this day. We are making the extraordinary accommodation on the Presidential Directive drafts only after concluding that this specific directive is of singular relevance to the Commission's work, based on particularized representations by your staff. We do not expect our accommodation with regard to these draft documents, and the signed Presidential Directives, to set any precedent, either for future Commission requests or for the handling of deliberative materials of this or future Presidents. Because of these concerns, as we discussed, we are making these materials available under the following conditions: no notes will be taken concerning these materials; information in these materials may not be discussed beyond the 10 Commissioners and previously designated staff; there will be a strong presumption that the Commission's report will not discuss draft materials not included in, or different from, the final, signed directive; and the Commission and staff will not discuss publicly the fact that these materials - final, signed Presidential Directives, or drafts of a Presidential Directive - have been made available. We would, of course, have no objection to more general representations to the effect that the Commission has had available to it the materials it needs to do its work, but insist that no specific acknowledgement be made with regard to draft or final Presidential Directives. These documents will be made available in the New Executive Office Building reading room dedicated for the Commission's review of materials. These materials, and all documents

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CONFIDENTIAL COMMUNICATION and information subsequently furnished, are furnished with due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entities or private parties. Documents and other information are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the legislative purpose for which the Commission made the request. Thank you for meeting with me on short notice Wednesday to discuss this important matter. I look forward to continuing to work with you to balance the Commission's need for information to carry out its important mission with the constitutional interests of the current and future Presidents.

Sincerely yours,

Alberto R. Gonzales Counsel to the President