T1 B27 Document Request Dod 21 Fdr- Entire Contents- Email- Document Request 651

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Yoel Tobin From:

Steve Dunne

Sent:

Tuesday, January 27, 2004 9:43 AM

To:

Downs, Pat, Ms, OSD-USDI

Cc:

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

Subject: DoD document request no. 21

Pat: Attached as a Word document is DoD document request no. 21. Please call Yoel Tobin at 202331-4071 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

1/27/2004

°.

Thomas H. Kean

DoD DOCUMENT REQUEST NO. 21

CHAIR

Lee H. Hamilton VICE CHAIR

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

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Department of Defense (DoD or the "respondent") provide the Commission with a copy of the following document no later than February 10, 2004 (the "production date"): 1. The report referenced in a Washington Post article dated January 5, 2004, entitled "Military Split on How to Use Special Forces in Terror War." According to the Washington Post article, the report is classified, was authored by a DoD consultant named Richard H. Shultz, Jr., and relates to why U.S. forces were allegedly not dispatched to kill or capture terrorists responsible for several major terrorist attacks against the United States. The Commission requests that the document requested above be provided as soon as it is available.

Philip D. Zelikow EXECUTIVE DIRECTOR

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 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. January 27, 2004

Daniel Marcus General Counsel

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

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