T1 B27 Document Request Dci 56 Fdr- Entire Contents- Emails- Document Requests- Ny Times Article- 1st Pg For Reference 649

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Yoel Tobin _ From:

o» r, Steve Dunne

Sent:

Tuesday. May 04, 2004 1:55 PM

Cc:

[email protected]; Dan Marcus; Team 1; DiannaCampagna

.

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Closed by Statute y

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Subject: DC! document request no. 56 |

[Attached as a Word document is DCI document request no. 56. Please call Yoei

Tobin at 202-331-4071 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

5/4/2004

Thomas H. Kean

DCI DOCUMENT REQUEST No. 56

CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben- Veniste Fred F. Fielding Jamie S. Gorelick Skde Gorton Bob Kerrey John F. Lehman Timothy J. Roemer

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Director of Central Intelligence (DCI or the "respondent") provide the Commission with copies of the following documents no later than May 19, 2004 (the "production date"): 1. Analyses and intelligence reports relating to Iraqi relationships, if any, with Usama bin Laden, al Qaeda, and/or their associates or affiliates prior to September 11, 2001. The Commission requests that the items described above be provided as soon as they are available, even though all requested items may not be provided at the same time, through means of a "rolling" production.

James R Thompson Philip D. Zelikow EXECUTIVE DIRECTOR

If any requested items are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody, or control of any documents requested above but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. May 4, 2004

Daniel Marcus General Counsel

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

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Yoel Tobin prom. I

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Sent: To:

Friday, April 30, 2004 9:02 AM Yoel Tobin

Cc:

Dan Marcus; Team 1; Steve Dunne; Doug MaciEachin; Philip Zelikow

Subject: Re: further on DCI DR#51 document?

Statute

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yoel: thanks for your note, i'll put out the production tasking on those items today so that they can be produced during the next week. / i w/r/t the remaining items: I'm believeTil be able to locate items a., b. & p. (items a & b may need to be viewed here at HQS if they turn out to be memo disserhs (which they appear to be from the serial number)). / ;; —but we lack sufficient information to locate items z., jaja., bb., cc. and dd. due to the way in which DoD chose to reference those items in the paper--*we were not able to locate them for the,oversight committees when they requested this information eitherUif DoD can give you further information, we'll be happy to try and look iurther| | i \l Tobin wrote:

'• \k you for

With regard to the documents that we requested; ;1 1}Thank you for pointing out that a few of the documents have already been provided. We apologize for the duplication. \e agree with you that the documents that you identify as being beyond t need to be produced.

i \e provide us with the remaining documents tfisjt you have determined

to the request. ; i 4)We also look forward to your evaluation of the documents that you had not yet located at the time of your e-mail below. ; \n addition, we also appreciate the suggestion that you rrtade in an e to make a broader request in this area. Such a request Willibe forthcoming from Steve Dunne. Thank you again for all your assistance! i Message

From i Sent:Wednesday, April 28, 20045:31 PM To: Front Office Cc: [email protected] Subject: further on DCI DR#51 documents

I've reviewed the documents specifically requested in DCI DR#51. Below are my findings broken down into 4 categories: Docj4menlsJPreyipusly_,Proyidedi

•Letters t, v & y are all the same document. This document was provided to the Commission on October 8, 2003 as bates number 1500099 •Letter u. was provided to the Commission on July 2, 2003 (pre-bates

5/1/2004

Page 2 of2 stamping) •Letter w. was provided twice to the Commission, the first time on July 9, 2003 (pre-bates stamping) and then again on October 8, 2003 as bates number 1500100 Documents out of the scope of the Commission's mandate in that they report information relating to 2002 operations and have nothing at all to dowith 9/11+AQ evolution orthe^m 9/11 conte^o^AQ's relationship withlraq: •Letters e, q, x & ee. Notyet located for evaluation: •Letters a., b., p., z., aa., bb., cc. & dd. The remaining documents I find to be within the scope of the Commission's mandate and will make available if this is still what the Commission wants of this document request. Please advise.

5/1/2004

Message

x

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Yoel Tobin From:

Yoel Tobin

Sent:

Thursday, April 29, 2004 5:15 PM

To:

Steve Dunne

Cc:

Dan Marcus; Team 1; Philip Zelikow

Subject: DCI doc request (Iraq) Steve, Attached is a new document request for the DCI. As I mentioned to you earlier, the operative text is based on an e-mail that Philip sent tq {several days ago. ^ Yoel

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4/29/2004

DCI DOCUMENT REQUEST NO. The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Director of Central Intelligence (DCI or "respondent") provide the Commission with copies of the following documents no later than May ??, 2004 (the "production date"): 1. Any available analyses or information, whenever collected or disseminated, that is pertinent to understanding Iraqi relationships with al Qaeda, UBL, or associates/affiliates in or before September 2001. The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of this request, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. April ^2004 Daniel Marcus General Counsel

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To:

Cc:

Yoel Tobin

/

I \:

Thursday. Aprjj 29, 20fl4 4:50 PM

Dan MarcuS; Team 1; Steve Dunne; Doug MacEachin; Philip Zelikow

Subject: RE: further on DCI DR#51 documents

Thank you for your message below, which has been forwarded to me. With regard to the documents that we requested: 1)

Thank you for pointing out that ja few of the documents have already been provided. We apologize for the duplication. i

2)

We agree with you that the documents that you identify as being beyond the scope do not need to be produced. I

3)

Please provide us with the remaining documents that you have determined to be responsive to the request. \) We also look forward to your evaluation of trie documents that you had not yet located at e-mail below.

\n addition, we also appreciate the suggestion that you made in an earlier e-mail that we may

broader request in this area. Such a request will be forthcoming from Steve Dunne. Thank you again for all your assistance! i

Original Message

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Sent: Wednesday, April 28, 2004 5:31 PM To: Front Office j Cc: [email protected] _____ | Subject: further on DCI DR#5l documents

I've reviewed the documents specifically requested in DCI DR#5 1 . Below are my findings broken down into 4 categories: Documents Previously Provided: Letters t, v & y are all the same document. This document was provided to the Commission on October 8, 2003 as bates number 1500099 Letter u. was provided to the Commission on July 2, 2003 (pre-bates stamping) Letter w. was provided twice to the Commission, the first time on July 9,2003 (pre-bates stamping) and then again on October 8, 2003 as bates number 1500100 Documents out of the scope of the Commission rs mandate in that they report

4/29/2004

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information relating to 2002 operations and have nothing at all to do with 9/11, AQ evolution or thepre 9/11 context ofAQ's relationship with Iraq: •

Letters e, q, x & ee.

Not yet located for evaluation: •

Letters a., b., p., z., aa., bb., cc. & dd.

The remaining documents I find to be within the scope of the Commission's mandate and will make available if this is still what the Commission wants of this document request. Please advise.

4/29/2004

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Yoel Tobin From:

Dan Marcus

Sent:

Thursday, April 29,2004 12:07 PM

To:

Yoel Tobin; Steve Dunne; Doug MacEachin

Cc:

Team 1

Subject: RE: further on DCI DR#51 documents Go ahead, but reserve Q on post-9/11 documents. —Original Message— From: Yoel Tobin Sent: Thursday, April 29, 2004 10:30 AM To: Steve Dunne; Doug MacEachin Cc: Dan Marcus; Team 1 Subject: RE: further on Dd DR#51 documents

f

Steve: Although Tom is the key person on this request, he is teaching until later today, and so I will move this forward in that the initial response to| [seems fairly clear: Could she please provide us with the documents that she finds to be within tne uommission's mandate and that have not been previously produced? Also, could she please advise us of her progress in locating those items that she has not yet located? Do you want to send this request to her, or do you want us to? For internal use only: We will discuss with Tom later .whether to disputed Evaluation that certain requested documents are outside of the scope of the rnandate. Alsol lhad previously raised a broader question of whether we are looking at an overly narrow set'bf documents. We will discuss that later with Tom too. However, none of this should affect her providing the documents that we have already asked for and that she conceded are within our itiandate. Yoel

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—Original Message From: Steve Dunne

ii f\: Thursday, April 29, 2004 9:52 AM

To: Doug MacEachin ii Cc: Dan Marcus; Team 1 ' Subject: RE: further on DCI DR#51 documents I \e you responded to|

ii

pn this?

Original Message— From Sent::We Wednesday, April 28, 2004 5:31 PM To: Front Office . j Cc; [email protected] | Subject: further on DCI DR#51 documents

I've reviewed the documents specifically requested in DCI DR#51. Below are my findings broken down into 4 categories:

4/29/2004

Page 2 of2 Documents Previously Provided: Letters t, v & y are all the same document. This document was provided to the Commission on October 8, 2003 as bates number 1500099 Letter u. was provided to the Commission on July 2, 2003 (pre-bates stamping) Letter w. was provided twice to the Commission, the first time on July 9, 2003 (pre-bates stamping) and then again on October 8, 2003 as bates number 1500100 Documents out of the scope of the Commission fs mandate in that they report information relating to 2002 operations and have nothing at all to do with 9/11, AQ evolution or thepre 9/11 context ofAQ's relationship with Iraq: •

Letters e, q, x & ee.

Not yet located for evaluation: •

Letters a., b., p., z., aa., bb., cc. & dd.

The remaining documents I find to be within the scope of the Commission's mandate and will make available if this is still what the Commission wants of this document request. Please advise.

4/29/2004

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Yoel Tobin From:

Sarah Linden

Sent:

Thursday, April 29, 2004 iO:53 AM

To:

Yoel Tobin; Tom Cowling; Doug MacEachin; Nicole Grandrimo

Subject: RE: further on DCI DR#51 documents The documents which I \s 0re out of scope all deal with recent intel on Zarqawi. I think we will have a very hard time claiming thatithese are within our mandate, given his dubious AQ connection and the reports' late dates. ; \\ . Original Message

\: Yoel Tobin i

\: Thursday, Apjil 29, 2004 10:30 AM

To: Steve Dunne; Dbug M^cEactiin Cc: Dan Marcus; Tegm 1 \: RE: furthej- on DQ DR#51 documents

Steve:

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\h Tom is the jkey person on this request, he is teaching until later today, and so I will mov

forward in that the initial response to I feeems fairly dear: Could she please provide us with the documents that she finds to bev.within the Commission's mandate and that have not been previously produced? Also, coujd she please advise us of her progress,in locating those items that she has not yet located? i | Do you want to send jthis request to her, or do you want us to? For internal use only:: We will discuss with Tom later whether to dispute! Evaluation that certain requested documents! are outside|)f the scope of the mandate. Also] pad previously raised a broader question of Whether we aif looking at an overly narrow set of documents. We will discuss that later with Tom too. However, none of this should affect her providing the documents that we have already asked for and! that she conceded are within our mandate. Yoel —Original Message— 1 From: Steve Dunne I Sent: Thursday, April 29, 2004 9:52 AM To: Doug MacEachin I Cc: Dan Marcus; Team 1 I Subject: RE: further on DCI DR#51 documents Have you responded to|

pn this?

----- Original Message — 4 ~ Sent: Wednesday, April 28, 2004 5:31 PM To: Front Office j-1 Cc: [email protected];| | Subject: further on DCI DKffil documents

I've reviewed the documents specifically requested in DCI DR#5 1 . Below are my findings broken down into 4 categories:

4/29/2004

Page 2 of2

Documents Previously Provided: Letters t, v & y are all the same document. This document was provided to the Commission on October 8, 2003 as bates number 1500099 Letter u. was provided to the Commission on July 2, 2003 (pre-bates stamping) Letter w. was provided twice to the Commission, the first time on July 9, 2003 (pre-bates stamping) and then again on October 8, 2003 as bates number 1500100 Documents out of the scope of the Commission's mandate in that they report information relating to 2002 operations and have nothing at all to do with 9/11, AQ evolution or thepre 9/11 context ofAQ's relationship with Iraq: •

Letters e, q, x & ee.

Not yet located for evaluation: •

Letters a., b., p., z., aa., bb., cc. & dd.

The remaining documents I find to be within the scope of the Commission's mandate and will make available if this is still what the Commission wants of this document request. Please advise.

4/29/2004

Yoel Tobin From: Sent: To: Subject:

Steve Dunne Thursday, April 29, 2004 10:46 AM Yoel Tobin FW: Iraq, the Commission, and DCI Document Request No. 51

fyi Original Message From: Doug MacEachin Sent: Tuesday, April 27, 2004 5:29 PM To: Steve Dunne Subject: RE: Iraq, the Commission, and DCI Document Request No. 51 Steve This is getting close to the silly side but let's have one more try. Obviously, the broader request is preferable from the standpoint of covering all bets. But we are late in the game and time is of the essence. (Including time spent on procedural debates.) Where are we? In an earlier request, DCI Document Request No. 6, para. 3c, we asked for "The best and most current assessments available to the DCI regarding ... al Qaeda's links with foreign governments or elements of foreign governments prior to September 11 attacks." We just did a search of our e-files, and have determined that this earlier request (plus JI materials) produced the items listed on DCI Document request No. 51 as t, u, y, w, and bb. So, they are dropped. (Tom Dowling, who is the originator of the request, was unaware of the details of the earlier request. Apology.) We cannot find, and do not believe we have received, in the documents delivered here, any of the FIRMs and TDs listed in DCI Document request 51, a thru s. Nor can we find and do not believe we have received the other types of documents listed as x, aa, cc, dd, and ee. It is possible that we have received items y and z. But the way they were cited in the Feith memo does not give enough for us to use these identities for the mechanism in the Commission's document search system. (I.e, no title or ref number is given, only "published report" for item y, and "memo" for item z, and the dates for each. Our system will not search by date.) Why the request? Given the task as described in Phil's note below, our staff tried to be as specific as possible in listing the document requested, and therefore used the ref. numbers that appeared in the memo. That request still stands, but with subtractions of items listed as t, u, y, w, and bb. If somewhere there is a record that we do in fact have items y and z, we need a ref. number we can use as a search identity. As I said, time is of the essence now. Therefore, if there is to be any amendment, it would be best if it were attached to the present list -- e.g. modification or amendment for now, it should be as an "In addition, ... " statement, incorporating what is in the last three paragraphs of Phil's memo. Or, we can send Phil's three paragraphs along as a follow up or supplement, if that is necessary. One of the reasons for presenting the search in form it was to save the time of a sweep, much as that might be desirable if time permits. As a fnal note: The earlier request was worded as it was in a specific effort to not be over-demanding -- to focus on "The best and most current assessments available ... ." It is the learning from experience, we would have made the request far more encompassing. At your service. Doug The orginal Original Message

../:9/ll Closed by Statute From: Steve Dunne . ; Sent: Tuesday, April 21, 2004 9:49 AM // ; To: Team 1 /•' / i Subject: FW: Iraq, the Commission, and DCI/Docum$nt Request No. 51

fyi

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— — «- — — Oj^^^y^sJ^^^^^aflflfi^^^^^^^MBWM^^^^^^^MMBBB^^^MH. ! From: I I Sent: Tuesday, April 27, 2004 9:38 AM i To: Philip Zelikow / i Cc: Dan Marcus; Steve Dunne; dan..levin§usdoj .govj Subject: Re: Iraq, the Commission, and DCI Document Request No. 51 philip: thanks for your note. Understanding now: what it is you are trying to accomplish, why not frame your document .request as you did below on this broad issue rather than the narrow request you made for/the documents cited Jin the Feith Memo? If I were in your position that's what I'd do. I'd either withdraw DCI DR#51 and replace it or reframe it in the context of your te'xt below. But that's obviously up to you. As currently written your current document request #51 will only get you the documents cited in the Feith Memo, and perhaps not all of ithem to the extent that they report post 9/11 information (some of these reports are from 2002 and 2003 and report only 9/11 situation). / I If you'd like to/modify or amend your original (jocument request, please have Steve transmit a formal modification, thanks, Philip Zelik-bw wrote:

' > > > > > > > > > > > > > > > > > > >

On Friday you requested, on behalf of the CIA, an articulation of the Commission's position on why we need information on Iraq-al Qaeda connections, such as that contained in the source documents for the "Feith memo. " 1. The issue of Iraqi involvement, direct or indirect, in the 9/11 attack is obviously a topic the Commission will need to address as thoroughly as possible. 2. The issue of Iraqi involvement in al Qaeda more generally was a topic discussed at the highest levels of the US government both in the months before the 9/11 attack and in the deliberations on the immediate response to the attack. Both areas fall within the Commission's mandate. 3. The Commission is also trying to understand the origins and development of al Qaeda, including its relationships with key states in the Muslim world. One of those states is Iraq. Our investigation extends to relationships with other states as well.

> > > >

We therefore need any available analyses or information, whenever it was collected or disseminated, if it is valuable to understanding Iraqi relationships with al Qaeda, UBL, or associates/affiliates in or before September 2001.

> > > > >

In addition, if you or other officials at CIA know of other information we should examine, beyond that requested in this or our other document requests, please bring that information to our attention. We will oromptly prepare whatever added requests the CIA may need in order to get this information to the Commission. 2

> Philip Zelikow > Executive Director > National Commission on Terrorist Attacks Upon the United States

----- Original Message ----From: Philip Zelikow Sent: Wednesday, April 28, 2004 7:37 PM To: Doug MacEachin; Yoel Tobin Cc: Front Office Subject: FW: further on Dd DR#51 documents Let Dan and Steve know how you want them to proceed.

_ Sent: Wednesday, April us, zuiw 5:31 KM To: Front Office _ Cc: [email protected] \: further on Dd DR#51 documents

I've reviewed the documents specifically requested in DCI DR#51 . Below are my findings broken down into 4 categories: Documents Previously Provided:

A

Letters t, v & y are all the same document. This document was provided to the Commission on October 8, 2003 as bates number 1500099 Letter u. was provided to the Commission on July 2,2003 (pre-bates stamping) Letter w. was provided twice to the Commission, the first time on July 9,2003 (pre-bates stamping) and then again on October 8, 2003 as bates number 1500100

Documents out of the scope of the Commission's mandate in that they report information relating to 2002 operations and have nothing at all to do with 9/11, AO evolution or the pre 9/11 context ofAO's relationship with Iraq: •

Letters e, q, x & ee.

Not vet located for evaluation: •

Letters a., b., p., z., aa., bb., cc. & dd,

The remaining documents I find to be within the scope of the Commission's mandate and will make available if this is still what the Commission wants of this document request. Please advise.

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Yoel Tobin From:

Yoel Tobin

Sent:

Wednesday, April 28, 2004 12:30 PM

To:

Doug MacEachin; Nicole Grandrimo; Thomas Dowling; Sarah Linden

Subject: article in today's NY Times There is a lengthy article in today's NY Times on the intelligence analysis conducted by Feith's shop at the Pentagon. The article bears careful reading to make sure that we understand what they (and others) did re: IraqAQ, as well as what they did on other possible connections between AQ and other terrorist groups and countries. The article also references specific presentations, documents, etc. by the Feith group as well as by CIA. Do we have all pertinent (or at least the most important) docs on Iraq-AQ? What about on other connections (e.g., Iran/Hizballah-AQ)?

4/28/2004

How Pair's Finding on Terror Led To Clash on Shaping Intelligence]

Doug Milts/The New York Times

Shortly after Sept. 11, Douglas J. Feith, shown this week, created a twoman Pentagon unit to track links between terrorists and host countries. By JAMES RISEN WASHINGTON, April 27 — Soon reports." They recorded and annotated their after the Sept. 11 attacks, a two-man intelligence team set up shop in a evidence on butcher paper hung like windowless, cipher-locked room at a mural around their small office. By the Pentagon, searching for evidence the end of the year, as the rubble was of links between terrorist groups and being cleared from the World Trade Center and United States forces were host countries. The men culled classified materi- fighting in Afghanistan, the men had al, much of it uncorroborated data constructed a startling new picture from the C.I.A. "We discovered tons of global terrorism. Old ethnic, religious and political of raw intelligence," said Michael Maloof, one of the pair. "We were divides between terrorist groups stunned that we couldn't find any were breaking down, the two men mention of it in the C.I.A.'s finished warned, posing an ominous new threat. They saw alliances among a wide range of Islamic terrorists, and NEWS SUMMARY A2 theorized about a convergence of Sunni and Shiite extremist groups Arts Bl-10 and secular Arab governments. Business Day Cl-11 Their conclusions, delivered to senDining In, Dining Out Dl-12 ior Bush administration officials, Editorial, Op-Ed A22-23 connected Iraq and Al Qaeda, SadInternational A3-13 dam Hussein and Osama bin Laden. National A14-19 In doing so, the team also helped New York C15-16 set off a controversy over the shapSportsWednesday C17-21 ing of intelligence that continues toWorld Business Wl-8 day. The Senate Select Committee on Education A21 Real Estate C4-5 Intelligence is investigating whether Obituaries C14 Weather A8 the unit — named the Counter TerClassified Advertising A20 rorism Evaluation Group by its creator, Douglas J. Feith, the under Updated news: nytimes.com Tomorrow in The Times: Page C18 Continued on Page A19