T1 B26 Patrick Fitzgerald Fdr- All Emails- Notes- Memos- Questions In Fdr 616

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Yoel Tobln From:

Christine Healey

Sent:

Tuesday, January 27, 2004 7:03 PM

To:

Doug Greenburg; Yoel Tobin

Cc:

| 9/11 personal privacy | Peter Rundlet; [email protected]

Subject: Fitzgerald questions Doug and Yoel Thanks so much for your willingness to cover for us if the weather continues to be a problem for Lance. There are a lot of questions here and we understand there might not be time for them all. Some of the final questions are as interesting to us as the ones in the middle - so it would be better to ask one question from a section, if time runs short. Thanks. Chris

1/27/2004

Patrick Fitzgerald Questions [assumes prior questioners have covered his background and his work on terrorism cases while an Assistant United States Attorney in the Southern District of New York] October 11.2001 Memorandum to the Attorney General •

We have seen your memorandum of October 11, 2001 to the Deputy Attorney General. In many respects, it is an intelligence report, pulling together the statements of many "sources." Did you think that there was no other way for the DAG to become aware of this information unless you pulled it together?

•

Have you seen any indication that information of "intelligence value" gathered by officials traditionally considered law enforcement officials is now being reported and disseminated to policymakers and intelligence analysts on a timely basis?

Pre-9/11 FBI-DOJ Cooperation and Coordination •

Please describe your perception of the pre-9/11 working relationship between Department of Justice prosecutors in U.S. Attorney's Offices and FBI agents in Field Offices, and in particular the coordination and cooperation between the two in terrorism investigations and prosecutions.

•

How has this working relationship changed since 9/11?

•

Please describe your experiences using, and the obstacles to using, criminal investigative techniques, such as the grand jury process, Title III surveillance methods, and offers of immunity from prosecution or the opportunity to plead to reduced charges in exchange for cooperation, in terrorism investigations prior to the 9/11 attacks.

•

In your October 21, 2003 testimony before the Senate Judiciary Committee you said that taking down the FIS A "wall" was "the single greatest change we needed" after the 9/11 attacks - please explain why that is the case. Are further changes needed?

FISA Issues •

Please describe your understanding of the genesis and development of the "Wall"? Post9/11, the conventional wisdom seems to be that the Wall was unnecessary and not legally required. What was your view prior to the FISA Court of Review decision of the Wall and the policies and procedures that were created to maintain it? What was the view of others in the Southern District and other parts of the Justice Department?

•

While you were an AUSA were you aware of the problems that had surfaced in FISA applications during the summer of 2000?

Now that FISA-obtained information can be more freely used in criminal prosecutions, a federal district court or court of appeals could disagree with the FISA Court of Review and interpret the FISA statute, as amended by the PATRIOT Act, more restrictively. What impact would such a ruling have on counterterrorism efforts within that district or circuit? USA PATRIOT Act •

The USA PATRIOT Act has given the government new powers to combat terrorism but, as you know, it has also caused concerns among some citizens. One area of concern is whether special powers intended to be used to fight terrorism, such as FISA surveillance under the "significant purpose" standard, could be misused in non-terrorism law enforcement investigations. [An analogy here is the RICO statute, which was intended to combat organized crime but came to be widely used for everything from business crimes to abortion protests.] Do you believe these concerns have any merit?

•

If not, what internal Justice Department and FBI procedures ensure that special antiterrorism powers will not be misused? o What are your thoughts regarding the degree to which the Act appropriately balances concerns for security and privacy/civil liberties. Do you think any of the provisions go too far (i.e., that the benefit to security does not justify the loss of privacy)?

•

Sunset Provisions: A number of provisions of the PATRIOT Act will "sunset" in December 2005 if Congress does not act to extend them or make them permanent (such as section 215, the FISA business records provision, and section 218, the "significant purpose" standard for FISA surveillance or searches). o If these provisions are allowed to sunset, how significantly will it affect the Government's ability to combat terrorism? o Are certain of the sunset provisions more important than others in terms of obtaining congressional extension? o If section 218 is allowed to sunset and the standard for FISA goes back to the old "primary purpose" standard, does the FISA Court of Review opinion provide adequate authority for the Government to continue to combat terrorism effectively? o Is there a way to maintain some of these authorities and build in some added protections to prevent the use of the more intrusive methods from being introduced in non-terrorism related criminal trials?

Other Legal Issues •

Administrative Subpoenas: The President has said that Congress should pass a statute giving the FBI an administrative subpoena power in anti-terrorism investigations, similar to the administrative subpoena power the FBI has in some kinds of drug and health care fraud investigations. The FBI already has authority to issue "National Security Letters" in terrorism investigations to obtain three categories of information - telephone billing information; consumer credit information; and financial institution information (now broadly defined to include casinos, pawnshops, travel agents, vehicle sales, loan and finance companies, and other kinds of personal financial records). •

Why is the existing NSL authority inadequate and why is it essential that the FBI be given broader administrative subpoena power?

•

Would the proposed administrative subpoena power be even broader than the power under section 215 of the USA PATRIOT Act to obtain records from businesses, libraries, etc. - which has been controversial and reportedly has not yet been used - in that no prior judicial approval would be required for an administrative subpoena, while section 215 requires prior approval by the FISA Court? Why is broader administrative subpoena power necessary when section 215 is available?

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What kind and level of approval should be required for an FBI administrative subpoena internal FBI approval only (as for NSLs); approval by a Department of Justice attorney (as for grand jury subpoenas); or some kind of judicial approval (as with FISA Court approval under section 215 of the USA PATRIOT Act)?

•

AG Guidelines. What is your assessment of the impact in the field of the recent amendments to the Attorney General Guidelines? Are there areas where further amendments are needed?

•

Material Witness Statute. Prior to 9/11, to what extent did you use or consider the use of the Material Witness statute to detain terrorist suspects?

Information Sharing. Resources. Government Organization Issues •

Information Sharing: FBI-Intelligence Community. From your perspective, how effective were the working relationships between the FBI and other agencies of the intelligence community, and in particular the effectiveness of FBI's relationships with CIA and NSA on counterterrorism matters prior to 9/11? How has this changed since 9/11?

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Resources. With respect to domestic intelligence collection to combat terrorism, some experts have asserted that the need for additional resources may be greater than the need for additional legal authorities at this time.

•

How do you assess the need for additional resources at this time, both at the Department of Justice and at the FBI?

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Can you identify specific functions within the Justice Department and FBI where additional resources would make the most difference - for example, technology and computer systems; linguists and translation capability; or recruitment and training of intelligence analysts?

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MI-5. Some experts argue that having law enforcement agencies act as domestic intelligence collectors is a good policy because law enforcement powers, particularly the threat of criminal prosecution, give law enforcement agencies an ability to compel information that intelligence agencies lack. Other experts argue that intelligence collection and law enforcement are very different, and a focus on prosecution and the collection of admissible evidence for trial hampers law enforcement agencies that also collect intelligence. Do you have specific views on the ability of the FBI to perform domestic intelligence collection while also acting as our country's lead federal law enforcement agency?

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Overall Assessment of Current FBI Capabilities. What is your assessment, based on your experience as a federal prosecutor, of the FBI's current ability to detect, disrupt, and prevent terrorist attacks upon the United States, including the FBI's ability to perform its counterterrorism intelligence function?

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Yoel Tobin From:

Christine Healey

Sent:

Tuesday, March 09, 2004 3:34 PM

To:

Yoel Tobin

Subject: Fitzgerald YoelFaith Burton just called. She said Fitzgerald will be in town on Thursday and there is a chance some of his appointments may fall through and he would be available to see us sometime in the day. Could be any time between 9 am and 7 pm. Does this sound okay to you? I think there is a lot of merit in catching him while we can. Also, since we on Team 6 haven't seen him in person, itit WAHIH honnor) for us to try to do it this way rather than by phone. What do you think? If you want to call, I am at| I Chris

9/11 Personal Privacy

3/9/2004

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Yoel Tobin From:

Yoel Tobin

Sent:

Monday, February 23, 2004 10:57 AM

To:

Yoel Tobin; 'Cole, Lance'; Christine Healey; Lance Cole; '[email protected]'

Cc:

Doug MacEachin

Subject: RE: Phone conversation with Patrick Fitzgerald I talked to Doug, and he confirmed what I set forth below. (He will not participate in the phone call, it will probably be just me from Team 1). Original Message From: Yoel Tobin Sent: Saturday, February 21, 2004 8:05 PM To: 'Cole, Lance1; Christine Healey; Lance Cole; [email protected] Cc: Doug MacEachin Subject: RE: Phone conversation with Patrick Fitzgerald I will double-check with Doug tomorrow, but I think an hour for Team 1 would suffice, and we should try to set it up for 2 hours on March 3 or 4. Original Message From: Cole, Lance [mailto:[email protected]] Sent: Friday, February 20, 2004 3:51 PM To: Christine Healey; Lance Cole; [email protected]; Yoel Tobin Subject: RE: Phone conversation with Patrick Fitzgerald Chris, I think I can cover the things I want to cover in an hour or less. Lance Original Message From: Christine Healey [mailto:[email protected]] Sent: Friday, February 20, 2004 3:48 PM To: Lance Cole; [email protected]; Yoel Tobin Subject: Phone conversation with Patrick Fitzgerald When you can, please give me an estimate of how much time you think you will need to do a phone conference with Fitzgerald. Then I will get back to Faith Burton to set it up trying to arrange it for Wed. or Thursday of the first week of March. Now that I think of it, this may need to be done out of DoJ in order to allow for secure teleconferencing. Lance, Yoel has a Team 1 presentation for commissioners on Tuesday.

2/23/2004

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Yoel Tobin From:

Christine Healey

Sent:

Friday, February 13, 2004 11:43 AM

To:

Yoel Tobin

Subject: RE: Proposed April Hearing That's right. I will see Faith Burton today and raise this with her. ^ Original Message From: Yoel Tobin Sent: Friday, February 13, 2004 10:32 AM To: Christine Healey Cc: Doug MacEachin; Tom Dowling; Nicole Grandrimo; Sarah Linden; Team 6 Subject: RE: Proposed April Hearing We were going to let you take the lead in setting up and conducting the next interview, since your team wasn't able to attend last time. However, Team 1 would also like to attend a second interview, if possible. How do you want to proceed? Whoever sets it up has to go thru Faith Burton of DOJ/LEG (I believe a phone call will do, no additional letter is needed). Fitzgerald was very helpful and open, but he was also clear about the fact that if we want to do another interview in DC we will have to accommodate his schedule. Original Message From: Christine Healey Sent: Friday, February 13, 2004 9:54 AM To: Yoel Tobin Cc: Doug MacEachin; Tom Dowling; Nicole Grandrimo; Sarah Linden; Team 6 Subject: RE: Proposed April Hearing Yes, I had actually. In fact, he was on one of our earlier drafts when we were going to use the first panel to talk about the AQ threat in the US during the 90's. But I was just thinking about him again this morning. Even if the threat is not the focus for the first panel, he would be a good witness for the panel we have devised. Since nothing is set in stone until it happens, we will keep him in mind. Are there any steps we should be taking for lining up his next interview? Original Message From: Yoel Tobin Sent: Friday, February 13, 2004 9:43 AM To: Christine Healey Cc: Doug MacEachin; Tom Dowling; Nicole Grandrimo; Sarah Linden Subject: RE: Proposed April Hearing Have you thought of inviting Pat Fitzgerald to testify during this hearing? (I apologize for not thinking of him sooner). Original Message From: Christine Healey Sent: Thursday, February 12, 2004 6:47 PM To: Team Leaders Subject: Proposed April Hearing

2/13/2004

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Here is what I sent to the Front Office this afternoon. Further revised from my last email to Team Leaders.

2/13/2004

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Yoel Tobin From:

Yoel Tobin

Sent:

Thursday, January 29, 2004 11:35 AM

To:

Lance Cole; Doug Greenburg

Cc:

Team 1; Team 6

Subject: RE: Fitzgerald interview Yes. He is amenable to continuing the interview. The only problem, from his point of view, is that although he needs to travel to DC for the leak investigation, he also needs to be in Chicago as much as possible so that he is not an "absentee" US Attorney. So we discussed several possibilities, including finishing the interview by phone or videoconference, going to Chicago, or him squeezing out 2-3 hours for us on one of his trips here. He said the latter alternative would likely work for him if we were flexible and could accommodate him on short notice or at irregular hours, e.g., the evening. My recommendation is that Teams 1 and 4 write up the MFR, show it to you (because we did cover a little bit of your stuff), and then approach Faith Burton of DOJ and try to reschedule him in DC for a specific # of hours. Although your team should have priority at the next session, Team 1 would like to talk to him for another hour or so, if possible Original Message From: Lance Cole Sent: Thursday, January 29, 2004 10:39 AM To: Yoel Tobin; Doug Greenburg Subject: RE: Fitzgerald interview Yoel and Doug, Sorry I didn't make it down in time for the interview yesterday. Peter said it may be continued at a date in February - is that right? Thanks, Lance

1/29/2004

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Yoel Tobin From:

Yoel Tobin

Sent:

Tuesday, January 27, 2004 11:06 AM

To:

Doug Greenburg; Christine Healey; Melissa Coffey; Graham Giusti; Doug MacEachin; Lance Cole

Cc:

Melissa Coffey

Subject: RE: Fitzgerald interview

•

I think the logistics are in place for tomorrow. Doug M., Doug G., and I will leave here at 9 and take a cab to DOJ. Lance, I propose that you meet us at the main DOJ entrance, on Constitution between 9tth and 10th, at 9:20 AM. We will then go up together to the Command Center. The interview is now scheduled to last for 4 hours, from 9:30 to 1:30, with a break in the middle. If agreeable to everyone, we will keep to the same time allotments # described below. Also, contrary to my earlier e-mail, we will not be taping the interview. Lance, please confirm , * :/r ; that you will meet us at 9:20 at the main DOJ entrance. Melissa, thank you for setting this up. -^^^ y. Original Message From: Doug Greenburg Sent: Monday, January 26, 2004 9:46 AM To: Yoel Tobin; Christine Healey; Melissa Coffey; Graham Giusti; Doug MacEachin; Lance Cole Subject: RE: Fitzgerald interview

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This works for me, although I may not take my full 30 minutes (famous last words for a lawyer). Original Message From: Yoel Tobin Sent: Sunday, January 25, 2004 6:38 PM To: Christine Healey; Melissa Coffey; Graham Giusti; Doug Greenburg; Doug MacEachin; Lance Cole Subject: RE: Fitzgerald interview Chris: It would be fine with us, but Mike tells me that he has a conflict and cannot attend. Melissa and Graham: If you have not already done so, could you please pass clearances over to DOJ for Lance Cole, Doug M., Doug G., and myself? Thanks! To all: If acceptable to everyone, which I think it is, Team 1 will lead off the questioning and take most of the time. After us, Team 4 will take 30 minutes, and Team 6 will go last and take 45 minutes. As of now, we are scheduled for a total of 3 hours, 9:30-12:30, this coming Wednesday at the DOJ command center. I assume that Doug G., Doug M., and I will head over together from the K Street location - Lance, where and how would you like to meet up with us? Finally, Melissa, can you please arrange for a recording device? And unless it's contrary to our usual practice, I think we should let DOJ know in advance that we are planning to record the interview in their space. Thanks. —Original Message— From: Christine Healey Sent: Sunday, January 25, 2004 6:58 AM To: Yoel Tobin Subject: Fitzgerald interview

Yoel -

1/27/2004

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Yoel Tobin From:

Yoel Tobin

Sent:

Tuesday, January 20, 2004 4:22 PM

To:

Doug Greenburg; Christine Healey; Melissa Coffey; Team 1; Team 4; Team 6

Cc:

Graham Giusti

Subject: RE: Pat Fitzgerald interview scheduled - need attendees Melissa: Thanks for organizing this. Doug and I will attend from Team 1. No documents. Graham, if you could pass clearances to DOJ at the appropriate time for me, Doug MacEachin, Doug Greenburg, and Lance Cole, that would be great. Thanks! Original Message From: Doug Greenburg Sent: Tuesday, January 20, 2004 12:43 PM To: Christine Healey; Melissa Coffey; Team 1; Team 4; Team 6 Subject: RE: Pat Fitzgerald interview scheduled - need attendees I will ask the Team 4 questions. I will not take more than a hour, and maybe less. No documents. Original Message From: Christine Healey Sent: Tuesday, January 20, 2004 12:24 PM To: Melissa Coffey; Team 1; Team 4; Team 6 Subject: RE: Pat Fitzgerald interview scheduled - need attendees

Lance Cole is planning to attend from Team 6. We understand that Team 1 is taking the lead on this interview and will start off the questions. Lance will have questions that address the systemic issues involving Justice and FBI. Original Message From: Melissa Coffey Sent: Tue 1/20/2004 11:45 AM To: Team 1; Team 4; Team 6 Cc:

Subject: Pat Fitzgerald interview scheduled - need attendees

Hello Teams 1, 4, and 6 We have Pat Fitzgerald scheduled for January 28th from9:30am - 12:30pmjn the> ^Command Center at JusticeXAVe are working with haitK Burton to see if we can geTSnother hour added ^n, but at this point, we can count on three hours. Per Faith's request, please let me know as soon as possible who will be attending from your teams, and if you plan to show Mr. Fitzgerald any specific documents. Faith also asked to know who would be questioning Mr. Fitzgerald if different from the attendees. Thank you. Melissa Coffey Staff Assistant National Commission on Terrorist Attacks Upon the U.S. 1/20/2004

Page 2 of2 202-331-4080 tel 202-296-5545 fax

1/20/2004

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Yoel Tobin From:

Melissa Coffey

Sent:

Friday, January 23, 2004 9:28 AM

To: Cc:

'[email protected]' Yoel Tobin

Subject: Attendees and documents for Pat Fitzgerald interview

Good morning Faith I wanted to get back to you on the attendees for the Pat Fitzgerald interview on Jan. 28th. They are: Lance Colel

9/11

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DOUg Greenburgj

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DOUg MacEachJn I

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Yoel Tobinl

9/ll Personal Privacy

| | j I

There are no documents that the teams are planning to show Mr. Fitzgerald. Please contact me with any questions or concerns. Regards, Melissa Coffey Staff Assistant National Commission on Terrorist Attacks Upon the U.S. 202-3 31-4080 tel 202-296-5545 fax

1/23/2004

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Yoel Tobin From:

Yoel Tobin

Sent:

Friday, January 16, 2004 2:02 PM

To:

Melissa Coffey

Cc:

Team 1; Team 4; Team 6

Subject: RE: fitzgerald The interview should be conducted in a SCIF. Justice has SCIFs, but we need to make her aware of that requirement. If we could persuade them to hold the interview here, would there be an alternate space available, e.g., office? Also, if you can talk to Graham once everything is settled, and get the appropriate clearances passed, that be great. Thanks. Original Message From: Melissa Coffey Sent: Friday, January 16, 2004 10:47 AM To: Yoel Tobin Subject: RE: fitzgerald Conference room is booked solid that day. I know Faith mentioned holding the interview at Main Justice?

Melissa Coffey Staff Assistant National Commission on Terrorist Attacks Upon the U.S. 202-331-4080 tel 202-296-5545 fax Original Message—— From: Yoel Tobin Sent: Friday, January 16, 2004 10:46 AM To: Melissa Coffey

Cc: Team 1 Subject: RE: fitzgerald Thanks for the correction, I was misinformed. The 28th is ok for us, 10AM is ok for us, please check with Teams 4 and 6. Thanks! If they're ok with it, we can discuss location with Justice (K Street would be best, assuming the conference room is available). Original Message From: Melissa Coffey Sent: Friday, January 16, 2004 10:39 AM To: Yoel Tobin Subject: RE: fitzgerald FYI - The hearing is scheduled for the 26th and 27th, not the 28th, according to Dan Leopold, who would know. :o)

Melissa Coffey Staff Assistant

1/16/2004

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National Commission on Terrorist Attacks Upon the U.S. 202-3 31-4080 tel 202-296-5545 fax Original Message From: Yoel Tobin Sent: Friday, January 16, 2004 10:35 AM To: Melissa Coffey Cc: Team 1 Subject: RE: fitzgerald Yes, please e-mail Teams 4 and 6. The date is ok with us if it's ok with the other teams. The only thing we may need some flexibility on is the specific time of the interview, given that Doug would like to attend part of the Commission hearing that day. But let's first see if this date works for Teams 4 and 6, and if they have any time restrictions that day. Original Message From: Melissa Coffey Sent: Friday, January 16, 2004 10:15 AM To: Yoel Tobin Subject: RE: fitzgerald Faith Burton called back, and is working with Fitzgerald's office for January 28th at 10am here in DC. Shall I email Teams 4 and 6 to see if that date works? It doesn't seem that we have much flexibility in the date.

Melissa Coffey Staff Assistant National Commission on Terrorist Attacks Upon the U.S. 202-331-4080 tel 202-296-5545 fax Original Message From: Yoel Tobin Sent: Friday, January 16, 2004 9:47 AM To: Melissa Coffey Subject: RE: fitzgerald Thank you Original Message From: Melissa Coffey Sent: Thursday, January 15, 2004 5:05 PM To: Yoel Tobin Subject: fitzgerald Left a message with Faith Burton at DOJ to get back to me with some dates for Fitzgerald. Haven't heard back yet, will keep you posted. Cheers,

Melissa Coffey Staff Assistant National Commission on Terrorist Attacks Upon the U.S.

1/16/2004

Page 3 of 3 202-331-4080 tel 202-296-5545 fax

1/16/2004

Message

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Yoel Tobin From:

Yoel Tobin

Sent:

Wednesday, January 07, 2004 5:55 PM

To:

Peter Rundlet

Cc:

Team 1; Team 4

Subject: RE: US Attorney Fitzgerald It's not scheduled yet. Our intention is to schedule it in DC on a date that works for your team as well as Teams 1 and 4. By the way, I have some Congressional testimony from Fitzgerald that I think will be of interest to your team, if you don't have it already. Original Message From: Peter Rundlet Sent: Wednesday, January 07, 2004 4:09 PM To: Yoel Tobin Subject: RE: US Attorney Fitzgerald Hi Yoel, When is the interview with Fitzgerald scheduled for? Many thanks, Peter —Original Message— From: Yoel Tobin Sent: Wednesday, January 07, 2004 1:21 PM To: Team 4; Team 6 Cc: Team 1; Steve Dunne Subject: US Attorney Fitzgerald In relation to the Commission's request to interview US Attorney Pat Fitzgerald: Faith Burton of DOJ spoke to Doug MacEachin this morning, and asked us to provide a one pager that would give Fitzgerald an idea of what he should review before the interview. Attached is our proposed paragraph on that point. Because this will be a joint interview with Teams 4 and 6,1 would ask each of those teams to please add whatever additional paragraph(s) you think appropriate, and then e-mail it back to me so I can send it to Faith. Thanks.

1/7/2004

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Yoel Tobin From:

Doug Greenburg

Sent:

Wednesday, January 07, 2004 3:12 PM

To:

Yoel Tobin

Subject: Fitzgerald.paragraph As promised, our Fitzgerald paragraph. Any idea when and where this will take place?

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1/7/2004

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We are interested in talking to U.S. Attorney Fitzgerald about his experience investigating and prosecuting cases related to terrorist or jihadist iundraising in the United States. In particular, we are interested in his views on the challenges of making criminal terrorist financing cases and any recommendations he may have about the proper role of criminal prosecutions in the overall effort to combat the financing of Al Qaeda and affiliated Islamic extremist groups. In addition, we are interested in his views about the extent to which Al Qaeda and affiliated groups are raising funds in the U.S., the effectiveness of the U.S. government effort to combat such fund raising, and any views he may have about how to improve the effectiveness of the U.S. government efforts in this regard.

Message

Page 1 of 1

Yoel Tobin From:

Lance Cole

Sent:

Wednesday, January 07, 2004 4:07 PM

To:

Yoel Tobin

Cc:

Team 6

Subject: RE: US Attorney Fitzgerald Yoel, Attached is a list of points of interest to Team 6. Thanks, Lance Original Message From: Yoel Tobin Sent: Wednesday, January 07, 2004 1:21 PM To: Team 4; Team 6 Cc: Team 1; Steve Dunne Subject: US Attorney Fitzgerald In relation to the Commission's request to interview US Attorney Pat Fitzgerald: Faith Burton of DOJ spoke to Doug MacEachin this morning, and asked us to provide a one pager that would give Fitzgerald an idea of what he should review before the interview. Attached is our proposed paragraph on that point. Because this will be a joint interview with Teams 4 and 6,1 would ask each of those teams to please add whatever additional paragraph(s) you think appropriate, and then e-mail it back to me so I can send it to Faith. Thanks.

1/7/2004

•

Legal authorities and guidance relating to the Department of Justice's - and in particular the FBI's - counterterronsm investigative activities, including but not limited to the Foreign Intelligence Surveillance Act ("FISA"), the Attorney General's Guidelines, and the USA PATRIOT Act;

•

The working relationship between Department of Justice prosecutors in U.S. Attorney's Offices and FBI agents in Field Offices, and in particular the coordination and cooperation between the two in terrorism investigations and prosecutions;

•

The use of, and the obstacles to using, criminal investigative techniques, such as the grand jury process, Title III surveillance methods, and offers of immunity from prosecution or the opportunity to plead to reduced charges in exchange for cooperation, in terrorism investigations;

•

An assessment, based on your experience as a federal prosecutor, of the FBI's ability to detect, disrupt, and prevent terrorist attacks upon the United States, including the FBI's ability to perform its counterterrorism intelligence function;

•

Additional legal authorities, policy changes, or resource allocations that would further enhance the ability of the Department of Justice and the FBI to detect, disrupt, and prevent terrorist attacks upon the United States.

Message

Page 1 of 1

Yoel Tobin From:

Yoel Tobin

Sent:

Wednesday, January 07, 2004 1:21 PM

To:

Team 4; Team 6

Cc:

Team 1; Steve Dunne

Subject: US Attorney Fitzgerald In relation to the Commission's request to interview US Attorney Pat Fitzgerald: Faith Burton of DOJ spoke to Doug MacEachin this morning, and asked us to provide a one pager that would give Fitzgerald an idea of what he should review before the interview. Attached is our proposed paragraph on that point. Because this will be a joint interview with Teams 4 and 6,1 would ask each of those teams to please add whatever additional paragraph(s) you think appropriate, and then e-mail it back to me so I can send it to Faith. Thanks.

1/7/2004

Potential Areas of Inquiry for Interview with U.S. Attorney Patrick Fitzgerald - We are interested in his knowledge of the history and growth of Al Qaeda, its ties to other terrorist cells and organizations, its contacts with governments or elements thereof, and the terrorist attacks and terrorist plots that Al Qaeda or related groups have executed or attempted to execute from Al Qaeda's founding through and including September 11, 2001. Thus, he may wish to review important parts of the trial record in the major terrorism cases in which he participated or of which he is knowledgeable, including, but not limited to, the transcript of the Embassy Bombings trial, as well as FBI-302s and other information provided by key witnesses in these trials.

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Yoel Tobin From:

Steve Dunne

Sent:

Tuesday, January 06, 2004 2:06 PM

To:

Melissa Coffey; Dan Marcus

Cc:

Yoel Tobin

Subject: RE: Interview request of Pat Fitzgerald Dan Levin will have someone get back to us with a proposed date. If we don't hear within a day or two, you can give Faith Burton at DOJ a call about this. Original Message From: Melissa Coffey Sent: Tuesday, January 06, 2004 11:25 AM To: Steve Dunne; Dan Marcus Cc: Yoel Tobin Subject: Interview request of Pat Fitzgerald Hi Dan and Steve Team 1 is wondering if we've heard from Justice about scheduling Patrick Fitzgerald from the US Attorney's office in Chicago? In the interview request you sent out we asked them to provide a date by Dec. 31. If we haven't heard from them, is it now appropriate to call Justice? Thank you. Melissa Coffey Staff Assistant National Commission on Terrorist Attacks Upon the U.S. 202-331-4080 tel 202-296-5545 fax

1/6/2004

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Yoel Tobin From:

Steve Dunne

Sent:

Tuesday, January 06, 2004 11:41 AM

To:

Melissa Coffey; Dan Marcus

Cc:

Yoel Tobin

Subject: RE: Interview request of Pat Fitzgerald We can ask Dan Levin about this at a meeting we will have in a few hours. Original Message From: Melissa Coffey Sent: Tuesday, January 06, 2004 11:25 AM To: Steve Dunne; Dan Marcus Cc: Yoel Tobin Subject: Interview request of Pat Fitzgerald Hi Dan and Steve Team 1 is wondering if we've heard from Justice about scheduling Patrick Fitzgerald from the US Attorney's office in Chicago? In the interview request you sent out we asked them to provide a date by Dec. 31. If we haven't heard from them, is it now appropriate to call Justice? Thank you.

Melissa Coffey Staff Assistant National Commission on Terrorist Attacks Upon the U.S. 202-331-4080 tel 202-296-5545 fax

1/6/2004

Thomas H Kean CHAIR

Lee H. Hamilton

DOJ INTERVIEW REQUEST NO. 3

VICE CHAIR

Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick Slade Gorton

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests an interview with the following U.S. Department of Justice official during January 2004 in Washington, D.C., if possible. Please provide a proposed date, time, and location for this interview no later than December 31, 2003. The anticipated length of this interview is four hours.

Bob Kerrey John Lehman Timothy J. Roemer James R Thompson

1. United States Attorney Patrick Fitzgerald The Commission anticipates that this interview may involve the discussion of classified information. The Commission reserves the right to re-interview this individual based on the results of the requested interview and the needs of the Commission.

Philip D. Zelikow EXECUTIVE DIRECTOR

December 19, 2003

Daniel Marcus General Counsel

TEL (202) 331-4060 FAX (202) 296-5545 www.9-1 lcommission.gov

Pagel ofl

Yoel Tobin From:

Steve Dunne

Sent:

Friday, December 19, 2003 12:22 PM

To:

'[email protected]'

Cc:

'[email protected]'; Dan Marcus; Team 1; Dianna Campagna

Subject: DOJ interview request no. 3 Faith: Attached as a Word document is DOJ interview request no. 3. We have already spoken to Dan Levin about this request. Please call Doug MacEachin at 202-331-4070 or Yoel Tobin at 202-331-4071 with any questions about this request and to arrange for this interview. Feel free to call Dan M. or me as well if any issues arise. Thanks. Steve

12/22/2003

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Yoel Tobin From:

Melissa Coffey

Sent:

Thursday, December 18, 2003 12:17 PM

To:

Steve Dunne

Cc:

Team 1

Subject: DOJ interview request from Team 1 Hi Steve - Here is an interview request from Team 1 for US Attorney Patrick Fitzgerald. Doug MacEachin/Yoel Tobin are the POC for substantive issues, and I can do the scheduling. Thanks.

Melissa Coffey Staff Assistant National Commission on Terrorist Attacks Upon the U.S. 202-3 31-4080 tel 202-296-5545 fax

12/18/2003

Thomas H. Kean CHAIR

Lee H. Hamikon

DOJ INTERVIEW REQUEST NO. X

VICE CHAIR

Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick Skde Gorton

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests an interview with United States Attorney Patrick Fitzgerald during the middle of January, 2004. Please provide a proposed date and time for the interview, to be held at the Commission's K Street offices if possible, no later than December XX, 2003. The anticipated length of the interview is four to six hours.

Bob Kerrey John F. Lehman Timothy J. Roemer James R Thompson Philip D. Zelikow EXECUTIVE DIRECTOR

The Commission anticipates that these interviews will involve the discussion of classified information. The Commission reserves the right to re-interview this individual based on the results of the requested interview and the needs of the Commission. December XX, 2003

Daniel Marcus General Counsel

TEL (202) 331-4060 FAX (202) 296-5545 www.9-1 lcommission.gov

Message

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Yoel Tobin From:

Yoel Tobin

Sent:

Friday, January 23, 2004 12:57 PM

To:

Dieter Snell; Nicole Grandrimo; Sarah Linden; Thomas Dowling

Subject: DRAFT OUTLINE FOR FITZGERALD INTERVIEW - TS/SCI fyi, I welcome any comments. I've also given Doug a paper copy. The interview i^Wed. the 28th - if you have any comments, the sooner the better. Thanks!

(>

1/23/2004

Mail:: INBOX: RE: Interviewing US Attorney Pat Fitzgerald

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91.52MB / 476.84MB (19.19%) Date: From: To: Cc:

Tue, 28 Oct 2003 17:26:06 -0500 "" <sdunne@9-11 commission.gov>^ "" <[email protected]><S, Stephanie Kaplan <[email protected]>^P "" 4f,"" 4P,"" 4P, 'Front Office' 4P Subject: RE: Interviewing US Attorney Pat Fitzgerald

At a minimum, we would have to send any request for Fitzgerald through Dan Levi n at D03. Quoting Stephanie Kaplan <[email protected]>: > > > > > > > > > > > > > > > > > >

Probably not, but that is a decision for the front office to make. I am cc'ing them on this message. original Message From: [email protected] [mailto:[email protected]] Sent: Monday, October 27, 2003 11:47 AM To: [email protected]; [email protected] Cc: [email protected]; [email protected] Subject: interviewing us Attorney Pat Fitzgerald Team 1 is planning to interview us Attorney Pat Fitzgerald, and I suspect that other teams would also be interested in talking to him. is his current position as US Attorney sufficient to put him on the Tier B list?

http://kinesis.swishmail.conVwebmail/imp/message.php?actionID=148&mailbox=INBOX&bodypart=Sbo...

10/29/03

Mail:: INBOX: RE: Interviewing US Attorney Pat Fitzgerald

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89.98MB /476.84MB (18.87%) Date: From: To: Cc:

Mon, 27 Oct 2003 11:52:41 -0500 Stephanie Kaplan <[email protected]><^ "" ^,"" <S,"" ^, 'Front Office' 4| Reply-to: "" <[email protected]>^ Subject: RE: Interviewing US Attorney Pat Fitzgerald

Probably not, but that is a decision for the front office to make. I am cc'ing them on this message. Original Message From: ytobi n@9-llcommi ssion.gov [mai1 to:ytobi n@9-llcommi ssion.gov] Sent: Monday, October 27, 2003 11:47 AM TO: [email protected]; [email protected] Cc: [email protected]; [email protected] Subject: interviewing US Attorney Pat Fitzgerald Team 1 is planning to interview US Attorney Pat Fitzgerald, and I suspect that other teams would also be interested in talking to him. is his current position as us Attorney sufficient to put him on the Tier B list?

http://kinesis.swishmail.com/webmail/imp/message.php?actionID=148&mailbox=INBOX&... 10/28/03

F~

Items: Interviewing US Attorney Pat Fitzgerald

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88.24MB/476.84MB (18.51%) Date: Mon, 27 Oct 2003 11:47:14 -0500 From: "" 4P To: "" <[email protected]># Cc: "" 40,"" ^ Subject: Interviewing US Attorney Pat Fitzgerald

Team 1 is planning to interview US Attorney Pat Fitzgerald, and I suspect that other teams would also be interested in talking to him. is his current position as us Attorney sufficient to put him on the Tier B list?

Mail:: INBOX: RE: Interviewing US Attorney Pat Fitzgerald

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88.58MB / 476.84MB (18.58%) Date: Mon, 27 Oct 2003 11:52:54 -0500 From: Barbara Grewe 4f To: "" 41,"" <[email protected]>4P,"" 4P Cc: "" 4f,"" 4f Subject: RE: Interviewing US Attorney Pat Fitzgerald Yoel:

You probably want to know DIG investigation. There For the record, he speaks need to interview him for

that Fitzgerald was interviewed in relation to the is a tape recording of the interview here at GSA. very quickly! I do not believe that Team 6 will our piece.

Barbara A. Grewe Original Message From: ytobi n@9-llcommi ssion.gov [mai1 to:ytobi n@9-llcommi ssion.gov] Sent: Monday, October 27, 2003 11:47 AM To: [email protected]; [email protected] Cc: [email protected]; [email protected] Subject: interviewing us Attorney Pat Fitzgerald

Team 1 is planning to interview US Attorney Pat Fitzgerald, and I suspect that other teams would also be interested in talking to him. is his current position as us Attorney sufficient to put him on the Tier B list?

http://kinesis.swishmail.com/webmail/imp/message.php?actionID=148&mailbox=INBOX&... 10/27/03

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Yoel Tobin From:

Yoel Tobin

Sent:

Friday, April 02, 2004 3:39 PM

To:

Lance Cole; Christine Healey

Subject: FITZGERALD MFR Please check your classified e-mail. Thanks!

4/2/2004

Message

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Yoel Tobin From:

Yoel Tobin

Sent:

Friday, April 02, 2004 3:25 PM

To:

Lance Cole

Cc:

Christine Healey

Subject: 3-11-04 MFR Patrick Fitzgerald (Secret, LES, NF, OC) Lance: Attached is my portion of the MFR for the Fitzgerald interview. Yoel

4/2/2004

WITH DRAWAL NOTICE RG: 148 Box: 00010 Series: Copies: 1

Folder: 0026 Document: 10 Team 1 Files Pages: 2 ACCESS RESTRICTED

The item identified below has been withdrawn from this file: Folder Title: Pat Fitzgerald Document Date: 03-11-2004 Document Type: Memo of Conversation From: To: Subject:

Interview of Patrick J. Fitzgerald

In the review of this file this item was removed because access to it is restricted. Restrictions on records in the National Archives are stated in general and specific record group restriction statements which are available for examination.

NND: 281

Withdrawn: 04-18-2008

by:

RETRIEVAL #: 281 00010 0026 10

Pagel ofl

Yoel Tobin From:

Christine Healey

Sent:

Wednesday, March 10, 2004 11:33 AM

To:

Yoel Tobin; 'Kim Cole'

Cc:

Team 6

Subject: Pat Fitzgerald tomorrow Fitzgerald is available from 10-12 (sharp) tomorrow at the DoJ Headquarters Command Center Situation Room. I will send your vital statistics to Faith Burton if you don't already have a DoJ badge.

3/10/2004

Message

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Yoel Tobin From:

Yoel Tobin

Sent:

Wednesday, January 07, 2004 7:03 PM

To:

'[email protected]'

Cc:

Team 1; Team 4; Team 6; Steve Dunne

Subject: United States Attorney Fitzgerald Faith, Per your conversation with Doug MacEachin today, attached are potential areas of inquiry for our proposed interview with United States Attorney Patrick Fitzgerald. We will be in touch shortly about setting a date and venue. Thanks for all your assistance. Yoel

1/7/2004

Potential Areas of Inquiry for Interview with U.S. Attorney Patrick Fitzgerald •

The history and growth of Al Qaeda;

•

Al Qaeda's ties to other terrorist cells and organizations;

•

Al Qaeda's ties to governments or elements thereof;

•

Any attempts by Al Qaeda to acquire weapons of mass destruction;

•

Terrorist attacks and terrorist plots that Al Qaeda or related groups have executed or attempted to execute from Al Qaeda's founding through September 11, 2001, including those prosecuted in the Southern District of New York during Mr. Fitzgerald's tenure there;

•

Mr. Fitzgerald's experience investigating and prosecuting cases related to terrorist or jihadist fundraising in the United States;

•

His views on the challenges of making criminal terrorist financing cases and any recommendations he may have about the proper role of criminal prosecutions in the overall effort to combat the financing of Al Qaeda and affiliated Islamic extremist groups;

•

His views about the extent to which Al Qaeda and affiliated groups are raising funds in the U.S., the effectiveness of the U.S. government effort to combat such fund raising, and any views he may have about how to improve the effectiveness of the U.S. government efforts in this regard;

•

Legal authorities and guidance relating to the Department of Justice's - and in particular the FBI's - counterterrorism investigative activities, including but not limited to the Foreign Intelligence Surveillance Act ("FISA"), the Attorney General's Guidelines, and the USA PATRIOT Act;

•

The working relationship between Department of Justice prosecutors in U. S. Attorney's Offices and FBI agents in Field Offices, and in particular the coordination and cooperation between the two in terrorism investigations and prosecutions;

•

The use of, and the obstacles to using, criminal investigative techniques, such as the grand jury process, Title III surveillance methods, and offers of immunity from prosecution or the opportunity to plead to reduced charges in exchange for cooperation, in terrorism investigations;

•

An assessment, based on his experience as a federal prosecutor, of the FBI's ability to detect, disrupt, and prevent terrorist attacks upon the United States,

including the FBI's ability to perform its counterterrorism intelligence function; Additional legal authorities, policy changes, or resource allocations that would further enhance the ability of the Department of Justice and the FBI to detect, disrupt, and prevent terrorist attacks upon the United States.