Sd B5 White House 2 Of 2 Fdr- Letter From Gonzales Re Document Request 1 479

THE WHITE HOUSE WASH.NGTON

May 21 2003

RECEIVED %

,

iMaiionaiuuiiiiiiiawuiiOn

Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 2100KStreetN.W. Washington, B.C. 20037 Dear Mr. Marcus: 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 are enclosing documents as pages numbered 1 to 241 that may be responsive to the Commission's requested entitled "EOF Document Request No. 1," dated May 13, 2003 (the "Request"). The enclosed documents reflect the results of preliminary inquiries made of relevant White House offices in response to the Request. These inquiries are ongoing, and we anticipate furnishing additional documents shortly. The enclosed documents and information, and all documents and information subsequently furnished, are furnished (whether by delivery or by making them available) 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. In addition, in response to question 2 of the Request and question 3 of the Request (in part), please be advised that the Office of the Vice President is separate from the Executive Office of the President, to whom your inquiry was addressed. We understand that the Office of the Vice President is separately addressing the vice presidential executive materials, in response to the Commission's OVP Document Request No. 1 of May 20, 2003. Following is a preliminary response to question 4 as stated in "EOP Document Request No. 1". Question 4: Please state whether recordings were made of telephone conversations to and from the President on September 11, 2001, especially while he was aboard Air Force One.

Response: Based on information provided by the White House Military Office and the White House Situation Room, after preliminary inquiries, no audio or video recordings were made of the contents of such telephone conversations. Finally, the preliminary response to question 5 is classified and is being provided today under separate cover. Please ensure that it is appropriately secured and that no disclosure is made beyond properly cleared Commission members and staffs with a proper need to know. Sincerely,

Alberto R. Gonzales Counsel to the President