T3 B2 Document Requests Drafts Fdr- (not In Finding Aid- After Drafts Of Doc Req To Fed Agys) Doj Tab Entire Contents- Document Request Drafts 969

Thomas 11. Kean

Commission Sensitive DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.

CHAIR

Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Fred F. Fielding Jamie S. Gorclick Slade Gorton

The National Commission on Terrorist Attacks Upon the United States (Commission) requests that the Department of Justice provide the Commission with copies of the following items no later than July , 2003 (production date). The Commission requests that the respondent inform the Commission promptly if the production date poses a problem for certain categories of documents and meet promptly with the Commission staff to set a schedule for the production of those documents.

John Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow

ITEMS REQUESTED

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EXECUTIVE DIRECTOR

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<£— Substantive policy memoranda, briefing packages, guidance documents, or meeting notes/minutes going to or coming from the Attorney General (AG) or Deputy Attorney General (DAG) after January 1, 1998 and through September 20, 2001 that related either wholly or in part to Usama bin Laden (UBL), al Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance) or general counterterrorism policy. This would include: 1) assessments of the al Qa'ida threat against the US and possible responses to those threats, 2) the formulation, implementation, or review of the DOJ's counterterrorism policies, and 3) communications with other agencies regarding counterterrorism policy. Such requests are limited to counterterrorism policies and do not include items relating to specific trial preparation. Documents analyzing the legality of the possible use of lethal force against UBL or other al Qa'ida members, including the assassination ban as it related V to those individuals^ 4 r
3)

Counterterrorism policy guidance or directives resulting from the 1998 East Africa Embassy bombings, the Millennium Plots and the 2000 bombing of the U.S.S. Cole.

4)

AG and DAG communications with senior foreign officials, or their deputies, regarding UBL and/or al Qa' idaj--£ ro * 3 ~ ^ vj ^ « I/ \ ft ~d $4?$ l^-^r

5)

Directives on funding for counterterrorism programs, divisions, etc. at both the DOJ and the FBI £r,^ i~

6)

DOJ staff communications with the governments of Afghanistan, Germany, Pakistan, Saudi Arabia and Sudan in connection with UBL and/or al Qa'ida and which were relayed to the AG or DAG/] l 4 r < r i ~ ,\0-V^/-^. l.\S«lc»:L (202) 331-4060 I FAX (202) 296-5545

7"

Guidance provided to DOJ officials discussing UBL and/or al Qa'ida with foreign official*.

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8)

DOJ documents prepared or produced from September 20, 2001 through the present that discuss the September 11 attacks or retrospective analysis of al Qa'ida's activities before the September 11 attacks.

9)

Documents prepared for or communicated by the DOJ to the Bush-Cheney Transition Team or incoming Bush-Cheney officials or staff in connection with UBL, al Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance) and/or general counterterrorism policy.

10)

Documents going to or coming from the AG or DAG between September 11 and September 20, 2001 on the policy responses to the September 11 attacks. This should include records in this time period reflecting the agenda and decisions of the Domestic Consequences Principals Committee showing the genesis of the USA PATRIOT ACT.

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. 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 items or class of documents, as well as the alleged basis for not jducing 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 items but has information about where such items 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 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 July_, 2003

Team 3 Draft 6/30 UNCLASSIFIED BUT COMMISSION SENSITIVE DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Department of Justice provide the Commission with copies of the following items no later than July , 2003 (the "production date"). The Commission requests that the respondent inform the Commission promptly if the production date poses a problem for certain categories of documents and meet promptly with the Commission staff to set a schedule for the production of those documents. ITEMS REQUESTED 1)

Substantive policy memoranda, briefing packages, guidance documents, or meeting notes/minutes going to or coming from the Attorney General or Deputy Attorney General after January 1, 1998 and through September 20, 2001 that related either wholly or in part to Usama bin Laden ("UBL"), Al-Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance) or general counterterrorism policy. This would include: 1) assessments of the Al-Qa'ida threat against the US and possible responses to those threats, 2) the formulation, implementation, or review of the DOJ's counterterrorism policies and 3) communications with other agencies regarding counterterrorism policy. Such requests are limited to counterterrorism policies and do not include items relating to specific trial preparation.

2)

Documents analyzing the legality of the possible use of lethal force against UBL and Al-Qa'ida members, including the assassination ban as it related to those individuals.

3)

Counterterrorism policy guidance or directives resulting from the 1998 East Africa Embassy bombings, the Millennium Plots and the 2000 bombing of the U.S.S. Cole.

4)

Attorney General and Deputy Attorney General communications with senior level foreign officials, or their deputies, regarding UBL and Al-Qa'ida.

5)

Directives on funding for counterterrorism programs, divisions, etc. at both the DOJ and the FBI.

6)

DOJ staff communications with the governments of Afghanistan, Germany, Pakistan, Saudi Arabia and Sudan in connection with UBL or Al-Qa'ida and which were relayed to the Attorney General or Deputy Attorney General.

7)

Guidance provided to DOJ officials discussing UBL and Al-Qa'ida with foreign officials.

8)

DOJ documents prepared or produced from September 20, 2001 through the present that discuss the September 11 attacks or retrospective analysis of AlQa'ida's activities before the September 11 attacks.

9)

Documents prepared for or communicated by the DOJ to the Bush-Cheney Transition Team or incoming Bush-Cheney officials or staff in connection with UBL, Al-Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance) or general counterterrorism policy.

10)

Substantive documents going to or coming from the Attorney General or Deputy Attorney General between September 11 and 20, 2001 on the policy responses to the September 11 attacks. Include records in this time period reflecting the agenda and decisions of the Domestic Consequences Principals Committee showing the genesis of the USA PATRIOT ACT.

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. 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 items 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 items but has information about where such items 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 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 July ,2003

Team 3 Draft 6/27 UNCLASSIFIED BUT COMMISSION SENSITIVE DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Department of Justice (the "DOJ" or alternatively the "respondent") provide the Commission with copies of the following items (and their drafting/routing slips) no later than July , 2003 (the "production date"). The Commission requests that the respondent inform the Commission promptly if the production date poses a problem for certain categories of documents and meet promptly with the Commission staff to set a schedule for the production of those documents. ITEMS REQUESTED Briefing materials or papers prepared for or distributed to; any agendas, minutes, notes (either typed or handwritten) of meetings or conclusions/recommendations prepared for or produced by the Attorney General or Deputy Attorney General i after Januaryjl, W98\aind through September 20r2001 that related either \y or in part to the following (such requests are limited to counter terrorism licies jind are not to include jtems relating to specific trial preparation):

v

Usama bin Laflen ("UBE"), Al-Qa'ida, Afghanistan or ySQteounter terrorism strategy. This would include: 1) assessments of the Al-Qa'ida threat against the US and possible responses to those threats, 2) the formulation, implementation, or review ofthe/DOJ's counter terrorism policies and 3) communications with other agencies regarding counter terrorism policy;

A7 ^ r*i'y\ ' *%~ jfee legality of the possible use of lethal force against UBL and Al-Qa'ida members, including the assassination ban as it related to those individual^ . ^ Counter terrorism policy guidance or directives resulting from the 1998 East Africa Embassy bombings, the Millennium Plots and the 2000 bombing of the U.S.S. Cole-/ —' Attorney General and Deputy Attorney General communications with senior level foreign officials, or their deputies, regarding UBL and Al-Qa'idaA

Directives on funding for counter terrorism programs, divisions, etc. at both the DOJ and the DOJ staff communications with the governments of Afghanistan, Germany, Pakistan, Saudi Arabia and Sudan in connection with UBL or Al-Qa'ida and which were relayed to the Attorney General or Deputy Attorney General^ . Guidance provided to DOJ officials discussing UBL and Al-Qa'ida with foreign "Actual or considered DOJ or FBI involvement in xiitk»-effort! w / SxProvide any DOJ documents prepared or produced from September 20, 20y)l through the present that relate to the September 11 attacks or^ Al-Qa'ida^ventr— -botwocn January 1, 1998 and Giptuubu 11,"2

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^ ' or ^T^ Documents reratjng to UBifAl-Qa'ida or the Taliban which were produced distributed by the^rttSrney General or Deputy Attorney General to other attendees of Princirjal<6r DeputiesX^pmmittee meetings from January 1, 1998 through Senle«ir5er20, 2001. J

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Documents relating to the decision to indict, or not to indict, UBL from January 1998 through present. Information prepared or communicated by the DOJ to the Bush-Cheney Transition Team or incoming Bush-Cheney officials or staff in connection with UBL, AlQa'ida or USG counter terrorism policy. 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, thrq means of a "rolling" production. 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 items or class of documents, as well as thVaUeged basis for not r ^Afi/Hf* L*. producing it, with sufficient specificity to allow a meaningful challeng^to any such withholding. '^*&t

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If the respondent does not have possession, custody or control of any requested itemssbut has information about where such items may be located, the Commission requests that tl respondent provide such information as soon as possible and in no event later than the production date.

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If the respondent has any questions or concerns about the interpretation or scope of these 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

Team 3 Draft 6/27 *

UNCLASSIFIED BUT COMMISSION SENSITIVE

(

DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Department of Justice (the "DOJ" or alternatively the "respondent") provide the Commission with copies of the following items (and their drafting/routing slips) no later than July , 2003 (the "production date"). The Commission requests that the respondent inform the Commission promptly if the production date poses a problem for certain categories of documents and meet promptly with the Commission staff to set a schedule for the production of those documents. ITEMS REQUESTED 1)

Briefing materials or papers prepared for or distributed to; any agendas, minutes, notes (either typed or handwritten) of meetings or conclusions/recommendations prepared for or produced by the Attorney General or Deputy Attorney General after January 1,1998 and through September 20, 2001 that related either wholly or in part to the following (such requests are limited to counter terrorism policies and are not to include items relating to specific trial preparation): a)

Usama bin Laden ("UBL"), Al-Qa'ida, Afghanistan or USG counter terrorism strategy. This would include: 1) assessments of the Al-Qa'ida threat against the US and possible responses to those threats, 2) the formulation, implementation, or review of the DOJ's counter terrorism policies and 3) communications with other agencies regarding counter terrorism policy;

b)

The legality of the possible use of lethal force against UBL and Al-Qa'ida members, including the assassination ban as it related to those individuals;

c)

Counter terrorism policy guidance or directives resulting from the 1998 East Africa Embassy bombings, the Millennium Plots and the 2000 bombing of the U.S.S. Cole;

d)

Attorney General and Deputy Attorney General communications with senior level foreign officials, or their deputies, regarding UBL and Al-Qa'ida;

e)

Directives on funding for counter terrorism programs, divisions, etc. at both the DOJ and the FBI;

f)

DOJ staff communications with the governments of Afghanistan, Germany, Pakistan, Saudi Arabia and Sudan in connection with UBL or Al-Qa'ida and which were relayed to the Attorney General or Deputy Attorney General;

g)

Guidance provided to DOJ officials discussing UBL and Al-Qa'ida with foreign officials; and

h)

Actual or considered DOJ or FBI involvement in any rendition efforts, including those conducted by other countries.

2)

J^OBBtaBg^ DOJ documeHts"prepared or produced from September 20, 2001 through the present that/rolato to the September 11 attacks or Al-Qa'ida events between January 1, 1998 and September 11, 2001.

3)

Documents relating to UBL, Al-Qa'ida or the Taliban which were produced or distributed by the Attorney General or Deputy Attorney General to other attendees of Principals or Deputies' Committee meetings from January 1, 1998 through September 20, 2001.

4)

Documents relating to A^aecision to indict, or not to indict, UBL from January 1, 1998 through present.

5)

•JMMmation prepare^or communicated by the DOJ to the Bush-Cheney Transition Team or incoming Bush-Cheney officials or staff in connection with UBL, AlQa'ida or USG counter terrorism policy.

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. 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 items 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 items but has information about where such items 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 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

Team 3 Draft 6117 UNCLASSIFffiD BUT COMMISSION SENSITIVE DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Department of Justice (the "DOJ" or alternatively the "respondent") provide the Commission with copies of the following items (and their drafting/routing slips) no later than June , 2003 (the "production date"). The Commission requests that the respondent inform the Commission promptly if the production date poses a problem for certain categories of documents and meet promptly with the Commission staff to set a schedule for the production of those documents. ITEMS REQUESTED 1)

^ The briefing materials and papers prepared for or compiled by DOJ staff and distributed to attendees for; any agendas, minutes, notes (either typed or handwritten) and/or conclusions or summaries of conclusions prepared for or \g from Attorney General or Deputy Attorney General meetings or discussions held, unless otherwise noted, from January 1,1998 through September 20,2001 that related either wholly or in part to the following (such requests are limited to counter terrorism policy and are not to include items relating to individual trial preparation or specific prosecution): a)

Usama bin Laden ("UBL"), Al-Qa'ida, Afghanistan and/or USG counter terrorism strateg^frorrrJarTuary 171998— SeDteiabef-aQr-2QXH as well as the UBL/Ai-ea4da-Presence ii Sudan fium January 1, 1994—January 1, 1

b)

The formulation, implementation, or review of the DOJ's counter terrorism policies;

c)

Decisions to, or not to, indict UBL from January 1, 1993 to October 4, 1998;

d)

The legality of the possible use of lethal force against UBL and Al-Qa'ida members, including the assassination ban as it related to those individuals;

e)

Attorney General and Deputy Attorney General Communications with senior level foreign officials, and/or their deputies, regarding UBL and Al-Qa'ida as well as a dated index of all such communications;

f)

Counter terrorism policy guidance or directives resulting from the 1998 East Africa Embassy bombings, the Millennium Plots and the bombing of the U.S.S. Cole; and

g)

Guidance on funding for counter terrorism programs, divisions, etc. at both the DOT and the FBI.

Attorney General meetings and discussions include any such meeting or discussion, including but not limited to Principals and Deputies' Committee meetings, whether chaired or attended by the Attorney General regardless of whether the other attendees were DOJ officials. Deputy Attorney General meetings and discussions include any such meeting or discussion, including but not limited to Principals and Eteputie;/ Committee meetings, whether chaired or attended by the Deputy Attorne^jpeneral regardless of whether the other attendees were DOJ officials. This requeguHso applies to meetings or discussions addressing the aforementionedjxyaics wholly or in part regardless of the title used for the group or whether conducted in person or by SVTS. 2)

DOJ options papers, strategy papers or conclusions (or summaries thereof) from meetings relating to the following^aspects of USG counter terrorism policy and above (such requests are limited to cgmitbr terrorism policy and are not to include items relating to individual trial preparation or specific prosecution): a)

Assessments of the Al-Qa'ida threat against the U and possible responses to those threats from January 1, 1998September20, 2001;

b)

JDecisioTis to,

iiidiu UBL fromjanuary 1,

1993 t c)

The legality d€ the possible use of lethal force against UBL and Al-Qa'ida mehibejs^ including the assassination ban as it related to those individuals^

d)

Funding for counter terrorism programs, divisions, etc. at both the DOJ and the FBI;

e)

Notes, summaries or recomniendationsyof communications with foreign governments regarding UBL or AlQa'ida from January 1, 1998-September 20, 2001 sad-same for .from Januaryt7^991 January 1.-49Q7;

/\h were created b

f)

Guidance, directives, recommendations and/or options regarding USG counter terrorism policy and which were given to DOJ officials communicating with officials from: Afghanistan, Germany, Pakistan, Saudi Arabia, and Yemen from January 1, 1998— September 20, 2001 and Sudan from January 1, 1991 —January 1, 1997;

g)

The formulation, implementation or review of the DOJ's counter terrorism policy;

h)

DOJ involvement in any rendition efforts, including those conducted by other countries from January 1 , 1998- September 20, 2001;

i)

Guidance, directives, recommendations and/or options resulting from the 1998 East Africa Embassy bombings, the Millennium plots and the bombing of the U.S.S. Cole; and

j)—-

Information prepared or compiled by the DOJ and provided to the Bush-Cheney Transition Team or incoming Bush-Cheney officials and/or staff in connection to UBL, Al-Qa'ida and USG counter terrorism policy. 1001

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. 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 items 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 items but has information about where such items 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 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