T2 B21 Working Drafts Of Document Requests 1 Of 2 Fdr- Draft Document Request To Eop-dci For Teams 2-3-4 (redacted Version- See T2 B5) 791

COMMISSION SENSITIVE MEMORANDUM To: Dan Marcus and Steve Dunne CC: Teams 2, 3, and 4 From: Gordon Lederman Re: Draft document request for EOF Attached is a draft of our document request to the B€* from Teams 2, 3, and 4. Please note that February 26, 1993 is the date of the first World Trade Center bombing. We look forward to your comments. Thank you.

Draft 6/20/03 EOF Document Request No. The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Executive Office of the President (the "respondent") provide the Commission with the following documents (and their drafting/routing slips) and information no later than , 2003 (the "production date"): President of the United States 1. All presidential decisions or directives related to counterterrorism, management of the Intelligence Community, Usama bin Ladin ("UBL"), senior members of Al-Qa'ida, Al-Qa'ida itself, Sudan, or the Taliban, from February 26, 1993 to September 20, 2001, including, but not limited to: a) Presidential Decision Directives ("PDD") 35, 62, and 63; b) National Security Presidential Decisions ("NSPD") 1-8 of 2001; c) Documents related to the drafting of NSPD 9, as drafted by September 10, 2001; d) Other NSPDs related to counterterrorism, Al Qa'ida, the Taliban, and/or senior Al Qa'ida leaders including UBL, from the period January 1, 2001 to the present, including but not limited to NSPD 26; and e) Tasking requesting the drafting of NSPD 5. In this context, the phrase presidential decisions or directives refers to PDDs, NSPD's or any other term describing a decision issued by the President for action. 2. Any other instructions, or taskings from the President of the United States ("POTUS") to his National Security Advisor or other Principals regarding counterterrorism, management of the Intelligence Community, UBL, Al-Qa'ida, the Taliban or Sudan, from February 26, 1993 to September 20, 2001. 3. Any and all written communications, questions, or other guidance, including written marginalia and other notes (including notes of spoken questions, instructions or guidance), that NSC staff received from POTUS or the Vice President of the United States ("VPOTUS") reacting to having read particular excerpts in the President's Daily Brief relating to UBL, Al-Qa'ida, the Taliban or terrorists in Afghanistan, from January 1, 1998 to September 20, 2001. Same for UBL and Al-Qa'ida in Sudan from January 1, 1991 to January 1, 1997. 4. Findings concerning counterterrorism, from January 1, 1985 through September 20, 2001; Memoranda of Notification ("MONs") and unapproved MON drafts concerning counterterrorism, from February 26, 1993 to September 20, 2001. Any inquiries from POTUS to the National Security Advisor, or other Principals, regarding any such responses, as well as the responses to any such inquiries, from February 26, 1993 to September 20, 2001.

5. The annual recertification of covert action programs prepared by the NSC and signed by POTUS, from February 26, 1993 to September 20, 2001. 6. Any National Command Authority orders issued by POTUS to the Secretary of Defense for the Department of Defense ("DoD") regarding UBL, Al-Qa'ida, the Taliban, or Afghanistan, from February 26, 1993 to September 20, 2001. 7. Any Office of Management and Budget surveys or reviews of funding levels for counterterrorism, FY 1993-2003, including funding levels requested by the Central Intelligence Agency ("CIA"), DoD, the Department of Justice, the Department of State, and the White House. 8. POTUS speeches or public statements that, either in whole or in part, addressed terrorism, counterterrorism, UBL, Al-Qa'ida, or policy toward terrorists in Afghanistan, Indonesia, the Philippines, Saudi Arabia, Sudan or Yemen, from February 26, 1993 to September 10, 2001. 9. All reports, from February 26, 1993 to the present, by the President's Foreign Intelligence Advisory Board ("PFIAB") or the Intelligence Oversight Board related to: a) The management of the Intelligence Community; b) The organization and structure of the Intelligence Community; c) The effectiveness of human source intelligence, signals intelligence, and the execution of covert action findings; and d) The interagency process for formulating intelligence policy. 10. All Executive Office of the President or National Security Council ("NSC") documents containing strategy or policy guidance in analyzing, tracking, or disrupting the financing of terrorist activities or the movement of money in support of terrorist operations or groups, from January 1, 1998 to September 20, 2001, and those policies now in force. Principals and Deputies 1. A list of the dates of all Principals and Deputies Committee meetings related to a) UBL, Al-Qa'ida, the Taliban or Sudan, or b) the Intelligence Community's priorities, management, or resources, from February 26, 1993 to September 20, 2001. Principals meetings include any such meeting, whether chaired by POTUS or by the National Security Adviser. This request applies to Principals or Deputies level meetings addressing these topics wholly or in part, regardless of the title used for the group or whether the meeting was conducted in person or by Secure Video Teleconference System ("SVTS"), including meetings of the "Foreign Policy Team", or the "Small Group".

This request should be understood to include meetings of the above groups regardless of the location; thus, it includes, but is not limited to, meetings at Camp David and other sites. For the meetings regarding the Intelligence Community's priorities, management, or resources, please provide a list of attendees, the agenda, documents distributed beforehand, minutes, and documents produced as a result. 2. Any and all written communications, questions, or other guidance, including written marginalia and other notes (including notes of spoken questions, instructions or guidance), that NSC staff received from the National Security Advisor, Secretary of Defense, Secretary of State, Chairman of the Joint Chiefs of Staff or Director of Central Intelligence, responding to excerpts in the President's Daily Brief relating to UBL, Al-Qa'ida, the Taliban, or terrorists in Afghanistan from January 1, 1998 to September 20, 2001, and same for Sudan, from January 1, 1991 to January 1, 1997. Counterterrorism Security Group and National Coordinator for Terrorism 1. A list of all Counterterrorism Security Group ("CSG") meetings related to UBL, AlQa'ida, the Taliban, Afghanistan or Sudan held during the period from February 26, 1993 to September 20, 2001. 2. Any memoranda, including email or other written communication, from the National Coordinator for Terrorism Richard Clarke to the National Security Advisor from February 26, 1993 to September 20, 2001 on the subjects of UBL, Al-Qa'ida, the Taliban, or terrorists in Afghanistan or Sudan. Such memoranda should include, but not be limited to, options papers, strategies, recommendations, comments on war plans, actions of other agencies, positions of other agencies (including CIA, the Joint Chiefs of Staff ["JCS"], the Office of the Secretary of Defense ["OSD"], the Department of State, and the Federal Bureau of Investigation) and updates on developments. It should also include responses to any presidential or national security advisor tasking. 3. Any documents originating from the NSC that requested that OSD or JCS provide military options related to UBL, Al-Qa'ida, the Taliban, or other senior Al Qa'ida leaders, from January 1, 1998 to September 20, 2001. 4. 9/11 Closed by Statute

5. Options papers, strategy papers, policy recommendations, conclusions, minutes, and other documents produced by the NSC staff related to:

a) Discussions on Al-Qa'ida, the Taliban, Afghanistan, or UBL, from January 1, 1998 to September 20, 2001 between senior U.S. officials and senior officials of the following governments: Germany, Pakistan and Saudi Arabia; b) Requests to OSD, JCS, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, Central Command, and Special Operations Command for options for the use of force in Afghanistan or against senior leaders of AlQa'ida, from January 1, 1998 to September 20, 2001, including commando operations or other measures short of full invasion; c) Discussions on the following events: i) The February 26, 1993 attack on the World Trade Center, including responses considered, decisions made, and actions taken; ii) Iraq's June 1993 attempt to assassinate former President Bush and the June 26, 1993 strike on Iraq, including responses considered, decisions made, and actions taken; iii) The April 19, 1995 bombing in Oklahoma City, including considerations of possible foreign terrorist involvement, responses considered, decisions made and actions taken; iv) The June 25, 1995 attack on Khobar Towers, including responses considered, decisions made and actions taken; v) The February 1998 fatwa by UBL, "Jihad against Jews and Crusaders," including responses considered, decisions made and actions taken; d) NSC, CSG, or Directorate of Transnational Threats ("TNT") responses to or discussions on the following events or activities: i) The August 7, 1998 East Africa bombings, including discussions of options for response and evaluations of the August 20, 1998 strikes on Afghanistan and Sudan; ii) The October 12, 2000 attack on the U.S.S. Cole, including discussions of options for response and evaluations of which group might have been responsible; iii) The planned "Millennium Plot," including options papers, strategy papers, recommendations, and other documents, from January 1, 1998 to September 20,2001; iv) Terrorist threats, including options papers, strategy papers, recommendations, and other documents, during the spring and summer of 2001; v) Attempts to target UBL or other senior Al Qa'ida leaders, including suggested cruise missile strikes, from January 1, 1998 to September 20, 2001; vi) 9/11 Closed by Statute

vii) The use of Predator drones in Afghanistan, including options papers, strategy papers, recommendations, and other documents, from January 1, 1998 to September 20, 2001;

viii) Providing additional support to the Northern Alliance, including options papers, strategy papers, recommendations, and other documents, from January 1, 1998 to September 20, 2001; and ix) Discussions with the Sudanese government regarding UBL or Al-Qa'ida, including but not limited to, the expulsion/extradition of UBL and the sharing of intelligence on UBL or Al-Qa'ida, from January 1, 1991 to September 20, 2001. 6. Reports, memoranda, or analyses prepared by the NSC, NSC committees or working groups (including the Committee on Foreign Intelligence, the Committee on Transnational Threats, the Interagency Working Group for Intelligence Priorities, and the Policy Coordinating Committee on Intelligence and Counterintelligence), or its staff concerning management of the Intelligence Community (including priorities, capabilities, and resources), from February 26, 1993 to September 20, 2001. Please include all documents prepared pursuant to § 101(h)(4)-(5) of the National Security Act of 1947 as amended, 50 U.S.C. § 402(h)(4)-(5) (see Appendix A). Also, please provide a) the dates of all meetings of the Committee on Foreign Intelligence, the Committee on Transnational Threats, the Interagency Working Group for Intelligence Priorities, and the Policy Coordinating Committee on Intelligence and Counterintelligence; b) the agendas for those meetings; and c) minutes and supporting material concerning management of the Intelligence Community, from February 26, 1993 to September 20, 2001. 7. Briefings, options papers, and other documents related to counterterrorism, management of the Intelligence Community, UBL, Al-Qa'ida, or the Taliban prepared by NSC staff for incoming officials and staff of the Bush administration, from December 1, 2000 to September 11, 2001. 8. The 2001 interagency review of policy on Al-Qa'ida, including discussions of use of Predator, arming of the Uzbeks or other proxy forces to fight Al-Qa'ida, and increased support for Northern Alliance, as well as other policies considered and their costs and benefits. 9. All documents associated with the September 4, 2001 Principals Committee meeting on Al-Qa'ida. 10. All records of NSC, principals, deputies, and war cabinet meetings, from September 11 to 20, 2001. 11. Speechwriters' and Communications Office notes related to the drafting of the President and Vice President's remarks on terrorism, from September 11 to 20, 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 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. Daniel Marcus General Counsel June _, 2003