T2 B5 Intel Authorization Bills Fdr- Draft Document Request To Dci For Teams 2-3-4 607

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 DCI 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"):

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; National Security Piesideiilldl-Dociaions-t^NSPD") 1-& °f 200J-,— •Documents related to the di of ling of NSPD 9, as drafted by Se.ptcmber4Qr3QQ4^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 requesting tho drafting uf 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, orMskings from the Presidenpef the United States ("POTUS/^j?o his National Security/Advisor or otjjer Principals reg^faing counterterrorism, management of me In telligenoe Community, UBL, Al-Qa'ida, the Taliban or Sudan/from Februar/26, 1993 to September 20, 2001. 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"jreacting to having read particular excerpts i Daily Brief relating to UBL, Al-Qa'ida, the Taliban or terrorists in Afghanistan, from January 1, 1998

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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 Februa/y 26, 199/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, 19%to September 20, 2001. 7. Any Office of Managemen^and Budget surveys or reviews of funding levels for counterterrorism, FY 19^3-2003, including funding levels requested by the Central Intelligence Agency ("CIA"), DoD, the Department of Justice, the Department of State, and the White House. PUS speeches or pubb

' / s9. All reports, from February 26,1993 to the present, by the President's Foreign Intelligence Advisory Board ("PFIAB^>cfthe Intelligence Oversight Board related to: a) The management of the IntelHgelice Community; b) The organization and structure of the Intelligence Community; c) The effectiveness of hjjman source intelligence, signals intelligence, and the execution of coverjfc^ction findings; and d) The interagencyprocess 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 SF

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 tpxificlude meetings of the ab6ve groups regardless of the location; thus, it includes^btot is not limited to, meejtings at Camp D^arvid and other sites. For the meetings regaling the Intelligence Cornmunity's priorities, management, or resources, pleasp-provide a list of attendee's, the agenda, documents distributed beforehand, Htmiutes, and documents-^oduced as a resv x 2. Any and all written communk&tions, questions, or ojfegr guidance, including^ritten marginalia and other notes^including notes of spoKen questions, instructions or guidance), that NSC staff received from thjggatipnal Security Advisp^)Socrctary-of~ Defense, Secretap^of State, Chairman oHhe7oint Chiefs of Staffer Director of Central Intelligence, responding toie?(cerpts in the President's D&ly Brief relating to UBL, Al-Qrfida, the Taliban, orXerrorists in Afghanistan from January 1, 1998 to September 20,2001, and sapjefor Sudan, from January
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2. Anyjnemoranda, hid ingVfmail 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. Any documents originating from the NSC that requested that the CIA provide paramilitary and/or covert-action options related to UBL, Al-Qa'ida, the Taliban, other senior Al-Qa'ida leaders, or other terrorist threats against the United States, from January 1, 1998 to September 20, 2001. 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 seofor 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 taker ii) Iraq's June 1993 attempt to assassinate fonner 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 Oklah6ma 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/JBL, "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 eyaluations 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 plannefl "Millennium Plot," including options papers, strategy papers, recommendations, and other documents, from January 1, 1998 to September 20, 20M iv) Terrorist threats, including options papers, strategy papers, recommendations, and Gither 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) (Covert operations in Afghanistan, including ties to Afghan militias and local agents and insertion of CIA operatives, including options papers, strategy papers, recommendations, and other documents, from January 1, 1998 to September 20, 2001; 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 N£>C, NSC committees or working groups (including the Committee on Foreign Intelligence, the Committee on Transnational Threats, the Interagency Workiflg 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 Febraary"26, T993 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.SC. § 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. Jriefings, 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'idtf; 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, nrfncipals, deputies, and war cabinet meetings, from September 11 to20f2001. 11. Speech writers' 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