T3 B22 Document Requests Fdr- Various Drafts- Withdrawal Notices- Notes 078

Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Executive Office of the President Document Request No.

Richard Ben-Veniste Max Cleland Fred F. Fielding Jamie S. Gorelick Slade Gorton John Lehman Timothy J. Roemer James R. Thompson

The National Commission on Terrorist Attacks Upon the United States (the 'Commission ) requests that the Executive Office of the President provide the Commission with the following documents and information no later than _ , 2003 (the /"production data"): 1 . All presidential directives related to counterterrorism policies and operations, particularly those^conceming Usama bin Ladin ("UBL"), al-^Qa'ida, Afghanistari^ncluding the Talibajjn, Pakistan, Saudi Arabia, Sudan, and/orthe management or oversight of US intelligence from January ill 998 to "a*September 20, 2001, including but not limited to: a. Executive Orders (and any associated classified instructions);

Philip D. Zelikow E X E C U T I V E DIRECTOR

b. Presidential Decision Directives (including PDD 62); c. National Security Presidential Directives (including NSPD 26). All written communications, questions, notes, or other guidance (including notes of spoken questions, requests, instructions, or other guidance), that National Security Council (NSC) staff received from the President, the Vice President, the National Security Advisor, and/or the Deputy National Security Advisor or their assistants, including messages prompted by items in the President's Daily Briefing (PDB) relating to UBL, al^Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance), Pakistan, Saudi Arabia, and/or Sudan from January 1, 1998 to September 20, 2001. 3. Excerpts from the annual re-certification of ongoing covert action programs related to counterterrorism prepared by the NSC and signed by the President, from January 1, 1998 to September 20, 2001, sufficient to show the scale and priority of programs and resources devoted to counterterrorism. 4. Any National Command Authority orders issued by the President to the Secretary of Defense regarding UBL, al^Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance), Pakistan, Saudi Arabia, and/or Sudan, from January 1 , 1 998 to September 20, 200 1 . 5. Classified annexes to the annual report to Congress on counterterrorism funding prepared by the Office of Management and Budget from 1998 to 2003. TEL (202) 33 1-4060 FAX (202) 296-5545 www.9-llcommission.gov

All 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. 7. Any substantive policy memoranda, or other written communications (including emails), sent from National Coordinator for Terrorism (Richard Clarke) or his Directorate of the NSC staff to the National Security Advisor and/or the Deputy National Security Advisor from January 1, 1998 to September 20, 2001 on the subjects of UBL, al^Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance), Pakistan, Saudi Arabia, and/or Sudan. This request also includes responses to any tasking from the President or National Security Advisor. 8. Any documents originating from the NSC that request that OSD or JCS provide military (including commando and/or Special Operations) options related to UBL, ^l^Qa'ida, the Taliban, and/or other senior Al Qa'ida leaders, from January 1, 1998 to September 20, 2001. 9. Any documents originating from the NSC that request that the CIA provide covert action options related to UBL, al -'Qa'ida, Afghanistan (including the Taliban and/or the Northern Alliance), Pakistan, Saudi Arabia, Sudan, and/or other terrorist threats against the United States, from January 1, 1998 to September 20, 2001. 10. /^Discussions on UBL, aKQa'ida, and/or Afghanistan (including the Taliban and/or the Northern Alliance), from January 1, 1998 to September 20, 2001 between senior U.S. officials and senior officials of the following governments: United Kingdom, Germany, Pakistan, and Saudi Arabia. 1 1 .^Transition briefings, options papers, and other documents related to counterterrorism, UBL, aUQa'ida, Afghanistan (including the Taliban and/or the Northern Alliance), Pakistan, Saudi Arabia, Sudan, and/or management of the Intelligence Community related to counterterrorism, prepared by NSC staff for incoming officials and staff of the Bush administration from November 2000 to January 18, 2001. 12. The successive drafts and markups of the President and/or Vice President's remarks on terrorism, from September 11 to 20, 2001. 13. Any briefing materials prepared for use by the National Security Advisor for her press briefing on May 16, 2002.

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 July _, 2003

Draft—UNCLASSIFIED, COMMISSION SENSITIVE 6/27/03 Executive Office of the President 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 directives related to counterterrorism policies and operations, particularly those concerning Usama bin Ladin ("UBL"), al-Qa'ida, Afghanistan including the Taliban, Pakistan, Saudi Arabia, Sudan, and/or the management or oversight of US intelligence from January 1,1998 to September 20, 2001, including but not limited to: a. Executive Orders (and any associated classified instructions); b. Presidential Decision Directives (including PDD 62); c. National Security Presidential Decisions (including NSPD 26). 2. All written communications, questions, notes, or other guidance (including notes of spoken questions, requests, instructions, or other guidance), that National Security Council (NSC) staff received from the President, the Vice President, the National Security Advisor, and/or the Deputy National Security Advisor or their assistants, prompted by items in the President's Daily Briefing (PDB) relating to UBL, al-Qa'ida, Afghanistan including the Taliban, Pakistan, Saudi Arabia, and/or Sudan from January 1, 1998 to September 20, 2001. 3. Excerpts from the annual re-certification of ongoing covert action programs related to counterterrorism prepared by the NSC and signed by the President, from January 1, 1998 to September 20, 2001, sufficient to show the scale and priority of programs and resources devoted to counterterrorism. 4. Any National Command Authority orders issued by the President to the Secretary of Defense for the Department of Defense regarding UBL, al-Qa'ida, Afghanistan including the Taliban, Pakistan, Saudi Arabia, and/or Sudan, from January 1, 1998 to September 20, 2001. 5. Classified annexes to the annual report to Congress on counterterrorism funding prepared by the Office of Management and Budget from 1998 to 2003. 6. All 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.

7. Any substantive policy memoranda, including email or other written communication, from National Coordinator for Terrorism (Mr. Richard Clarke) or on his behalf to the National Security Advisor and/or the Deputy National Security Advisor from January 1, 1998 to September 20, 2001 on the subjects of UBL, al-Qa'ida, Afghanistan including the Taliban, Pakistan, Saudi Arabia, and/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 the 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. 8. Any documents originating from the NSC that request that OSD or JCS provide military (including commando and/or Special Operations) options related to UBL, Al-Qa'ida, the Taliban, and/or other senior Al Qa'ida leaders, from January 1, 1998 to September 20, 2001. 9. Any documents originating from the NSC that request that the CIA provide covert action options related to UBL, al-Qa'ida, Afghanistan including the Taliban, Pakistan, Saudi Arabia, Sudan, and/or other terrorist threats against the United States, from January 1, 1998 to September 20, 2001. 10. Discussions on UBL, al-Qa'ida, and/or Afghanistan including the Taliban, from January 1, 1998 to September 20, 2001 between senior U.S. officials and senior officials of the following governments: United Kingdom, Germany, Pakistan, and Saudi Arabia. 11. Transition briefings, options papers, and other documents related to counterterrorism, UBL, al-Qa'ida, Afghanistan including the Taliban, Pakistan, Saudi Arabia, Sudan, and/or management of the Intelligence Community related to counterterrorism, prepared by NSC staff for incoming officials and staff of the Bush administration from November 2000 to January 2001. 12. Speechwriters and Communications Office notes related to the drafting of the President and/or 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

Draft

6/25/03 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 counter-terrorism, Usama bin Ladin ("UBL"), senior members of Al-Qa'ida, Al-Qa'ida itself, Sudan, the Taliban, and/or management of the Intelligence Community related to counterterrorism, from January 1, 1998 to September 20, 2001, including but not limited to: a. Presidential Decision Directive ("PDD") 62; b. 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 counterterrorist aspects of NSPD 26; 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 President of the United States ("POTUS"), the Vice President of the United States ("VPOTUS"), and/or the National Security Advisor prompted by items in the President's Daily Briefing relating to UBL, Al-Qa'ida, the Taliban, and/or terrorists in Afghanistan, from January 1, 1998 to September 20, 2001. 3. The annual recertification of covert action programs related to counterterrorism prepared by the NSC and signed by POTUS, from January 1, 1998 to September 20, 2001, sufficient to show the scale and priority of programs and resources devoted to counterterrorism. 4. 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, and/or Afghanistan, from January 1, 1998 to September 20, 2001. 5. [Kevin: this is for your review, you mentioned language limiting this to "classified annexes since 1998" Question: should this request go back to '93?] Any Office of Management and Budget surveys or reviews of funding levels for counterterrorism, FY 1998-2003, including funding levels requested by the Central Intelligence Agency ("CIA"), DoD, the Department of Justice, the Department of State, and the White House. 6. 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. 7. Any substantive policy memoranda, including email or other written communication, from National Coordinator for Terrorism Richard Clarke or on his behalf to the National Security Advisor and/or the Deputy National Security Advisor from January 1, 1998 to September 20, 2001 on the subjects of UBL, AlQa'ida, the Taliban, and/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 the CJA, 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. 8. Any documents originating from the NSC that requested that OSD or JCS provide military options related to UBL, Al-Qa'ida, the Taliban, and/or other senior Al Qa'ida leaders, from January 1, 1998 to September 20, 2001. 9. 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, and/or other terrorist threats against the United States, from January 1, 1998 to September 20, 2001. 10. 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. 11. Transition briefings, options papers, and other documents related to counterterrorism, UBL, Al-Qa'ida, the Taliban, and/or management of the Intelligence Community related to counterterrorism, prepared by NSC staff for incoming officials and staff of the Bush administration from November 2000 to January 2001. 12. Speechwriters and Communications Office notes related to the drafting of the President and/or 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

X EOF Document Request 2

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 information no later than TK, 2003 (the "production date"):

• A list list of the dates of all Principals and Deputies Corrimittee meetings related to Al Qa'ida, Usama bin Ladin ("UBL" hereafter), and^or the Taliban, 1993-2001. -I Principals meetings include any such meeting-wliether chaired by the President or by the National Security Adviser. This request^applies to principals or deputies level meetings addressing these topics whollyxor in part, regardless of the title used for the group or whether the meeting was conducted in person or by SVTS, including meetings of the Foreign Policy Team; the Small Group; and the Counterterrorism Security Group (including CS-u meetings chaired by the National Coordinator), as well as relevant meetingslit Camp David; •

PDDs related to counterterrorism, Al Qa'ida, the Taliban, and/or senior Al Qa'i leaders including UBL, 1993-2000, including but not limited to PDDs 35/62
•

NSPDs 1-8 of 2001;

•

Documents related to the drafting of NSPD-9, as drafted by Sept. 10, 2001; NSPDs related to counterterrorism, Al Qa'ida, the Taliban, and/or senior Al Qa'ida leaders including UBL, 2001-03, including but not limited to NSPD 26; Tasking requesting the drafting ot MSFD 5; ^

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survey of funding levels for counterterrorism, FY 1993-2003, including funding levels requested by CIA, DOD, DOJ, the White House, and the State Department;

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Communications, questions, or other guidance, including written marginalia and other notes, that NSC staff received from POTUS, VPOTUS, or other Principals in response to PDBs and/or other intelligence products, 1998-2001; Any documents originating from the NSC that requested that OSD or JCS provide military options related to Al Qa'ida, the Taliban, UBL, and/or other senior Al Qa'ida leaders, 1998-2001; Any documents originating from the NSC that requested that CIA provide paramilitary and/or covert-action options related to Al Qa'ida, the Taliban, UBL, and/or other senior Al Qa'ida leaders, 1998-2001.

•

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

/ 1. Discussions of Al Qa'ida, the Taliban, Afghanistan, and/or UBL between senior U.S. officials and senior officials of the government of Germany, 1998-2001; , s 2. Discussions of Al Qa'ida, the Taliban, Afghanistan, and/or UBL between senior U.S. ^ officials and senior officials of the government of Pakistan, 1998-2001; /*>. Discussions of Al Qa'ida, the Taliban, Afghanistan, and/or UBL between senior U.S. officials and senior officials of the government of Saudi Arabia, 1998-2001; 4. Requests to OSD, JCS, ASD-SOLIC, CENTCOM, and SOCOM for options for the use of force in Afghanistan or against senior leaders of Al Qa'ida, 1998-2001, including commando operations and/or other measures short of full invasion; 5. Discussions of the February 26, 1993 attack on the World Trade Center, including responses considered, decisions made, and actions taken; 6. Discussions of 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; 7. Discussions of the April 19, 1995 bombing in Oklahoma City, including considerations of possible foreign terrorist involvement, responses considered, decisions made and actions taken; 8. Discussions of the June 25, 1995 attack on Khobar Towers, including responses \, decisions made and actions taken; \ Discussions of the Feb. 1998 fatwa by UBL, "Jihad against Jews and Crusaders," including responses considered, decisions made and actions taken;

10. NSC, CSG, and/or TNT responses to 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; 11. NSC, CSG, and/or TNT responses to 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; 12. NSC, CSG, and/or TNT discussions of the "Millennium Plot," including options papers, strategy papers, recommendations, and other documents, 1998-2001; 13. NSC, CSG, and/or TNT discussions of terrorist threats, including options papers, strategy papers, recommendations, and other documents, during the spring and summer of 2001; 14. NSC, CSG, and/or TNT discussions of attempts to target UBL and/or other senior Al Qa'ida leaders, including suggested cruise missile strikes, 1998-2001; 15. NSC, CSG, and/or TNT discussions of 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, 1998-2001; 16. NSC, CSG, and/or TNT discussions of the use of Predator drones in Afghanistan, including options papers, strategy papers, recommendations, and other documents, 1998-2001; 17. NSC, CSG, and/or TNT discussions of providing additional support to the Northern Alliance, including options papers, strategy papers, recommendations, and other documents, 1998-2001; 18. Other NSC, CSG, and/or TNT options papers, strategy papers, recommendations, and other documents related to counterterrorism, Al Qa'ida, the Taliban, and/or UBL, 1998-2001; ,19. Briefings, options papers, and other documents related to counterterrorism, Al Qa'ida, V UBL, and the Taliban prepared by NSC officers for incoming officials of the Bush administration, 2000-01; 20. 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; 1. All documents associated with the Sept. 4, 2001 Principals Committee meeting on Al Qa'ida;

•—22rSirrecbrds of NSC, principals, deputies, and war cabinet meetings, Sept. 11-20, 2001;

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/23. Speechwriters' and Communications Office notes related to the drafting of the President and Vice President's remarks on terrorism, Sept. 11-20, 2001.

TEAM 3 DRAFT 6/17 UNCLASSIFIED BUT COMMISSION SENSITIVE DEPARTMENT OF STATE DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Department of State (the "DOS" or alternatively the "respondent") provide the Commission with copies (including drafting/routing slips) of the following items 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 DOS staff and distributed to attendees for; and any agendas, minutes, notes (either typed or handwritten) and/or conclusions or summaries of conclusions prepared for or resulting from the Secretary of State or the Deputy Secretary of State's meetings and discussions held, unless otherwise noted, from January 1,1998 through September 20, 2001 related either wholly or in part to the following: a)

Usama bin Ladin ("UBL"), Al-Qa'ida, the Taliban, Afghanistan and USG counter terrorism policy from January 1, 1998—September 20, 2001 as well as Sudan from January 1, 1991—January 1, 1997. This would include, but not be limited to, cables from Embassies Bonn, Islamabad, Khartoum, Nairobi, Riyadh, Sanaa and Amman regarding strategies against UBL and/or Al-Qa'ida and which were distributed to the Secretary of State and the Deputy Secretary of State;

b)

Secretary of State or Deputy Secretary of State communications with senior foreign officials, of ambassadorial rank or above, regarding UBL and Al-Qa'ida and a dated index of all such communications; and

c)

The 1998 East Africa Embassy bombings and the bombing of the U.S.S. Cole.

Secretary's 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 Secretary of State regardless of whether the other attendees are DOS officials. Deputy Secretary's 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 Deputy Secretary of State, regardless of whether the other attendees are DOS officials. This request also applies to meetings and discussions addressing the aforementioned topics wholly or in part and regardless of the title used for the group or whether conducted in person or by SVTS. 2)

DOS options papers, strategy papers, or conclusions (or summaries thereof) of meetings relating to the following aspects of USG counter terrorism policy and which were created by or presented to those at the office of the Coordinator for Combating Terrorism ("S/CT") or the Assistant Secretary level and higher: a)

Assessments of the Al-Qa'ida threat against the US and possible responses to those threats from January 1, 1998— September 20, 2001;

b)

Secretary's Morning Summaries containing the words (and variations thereof): "Al-Qa'ida", "Bin Ladin", "UBL", and "Taliban" from January 1, 1996-December 31, 1998;

c)

Notes, summaries and recommendations arising out of DOS communications, including those by US ambassadors and/or their staff, with Taliban representatives, even if conducted through third parties, from January 1, 1998 - September 20, 2001. These should include, but are not limited to, meetings between Assistant Secretaries Alan Eastham and Karl Inderfurth, S/CT's, Ambassador William Milam and Taliban representatives;

d)

Notes, summaries and recommendations arising out of DOS communications with Pakistan's Inter-Services Intelligence Directorate ("ISID" a.k.a. "ISI"), from January 1, 1998-September 20, 2001, including, but not limited to, those by US ambassadors and/or their staff and all September 2001 meetings between ISID Chief Mahmoud Ahmad and Secretary Powell and/or Deputy Secretary Armitage;

e)

Notes, summaries and recommendations arising out of Washington meetings between DOS personnel with Pakistani President Nawaz Sharif and/or his staff occurring in December 1998 and July 1999;

f)

Notes, summaries and recommendations arising out of Deputy Secretary Armitage and S/CT Cofer Black's trip to Russia, circa September 18, 2001;

3)

g)

Assessments, recommendations and options on the Taliban—UBL/Al-Qa'ida relationship and the Al-Qa'ida presence and operations in Afghanistan January 1, 1998—September 20, 2001;

h)

Notes, summaries and recommendations arising out of DOS communications, including those by US ambassadors and/or their staff, with the Pakistani and Saudi governments relating to UBL, Al-Qa'ida and the Taliban including requests that these countries discuss UBL and Al-Qa'ida with the Taliban from January 1, 1998-September 20, 2001. These should include, but not be limited to, communications with Pakistani President Musharraf, Saudi Ambassador Prince Bandar, Saudi Prince Saud al Faisal and Saudi Crown Prince Abdullah from August 1, 2001September20, 2001;

i)

Considered options and recommendations on responding to the 1998 East Africa Embassy bombings and the bombing of the U.S.S. Cole;

j)

Notes, summaries and recommendations arising out of USG communications, including those by US ambassadors and/or their staff, with the Sudanese government relating to UBL and Al-Qa'ida from January 1, 1991—January 1, 1997 and specifically on the possibility of sharing intelligence on UBL and Al-Qa'ida from January 1, 1998—September 20, 2001;

k)

Secretary's Morning Summaries containing the words "Sudan", "Sudanese", "Khartoum", "National Islamic Front" and/or "NEF" from January 1, 1991—December 31, 1996; and

1)

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

DOS Telephone Directories and organizational charts: 1991-2001.

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.

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 6/17 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 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 resulting 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 strategy from January 1, 1998— September 20, 2001 as well as the UBL/Al-Qa'ida presence in Sudan from January 1, 1991—January 1, 1997;

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 DOJ 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 Deputies' Committee meetings, whether chaired or attended by the Deputy Attorney General regardless of whether the other attendees were DOJ officials. This request also applies to meetings or discussions addressing the aforementioned topics 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 which were created by or presented to those at the Office of Legal Policy level or above (such requests are limited to counter 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 US and possible responses to those threats from January 1, 1998September20, 2001;

b)

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

c)

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;

d)

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

e)

Notes, summaries or recommendations of communications with foreign governments regarding UBL or AlQa'ida from January 1, 1998-September 20, 2001 and same for possible communications with the Sudanese Government from January 1, 1991—January 1, 1997;

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;

3)

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.

DOJ telephone directories and organizational charts: 1991-2001.

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. 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 Three Draft 6/18 UNCLASSIFIED BUT COMMISSION SENSITIVE FEDERAL BUREAU OF INVESTIGATION DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Federal Bureau of Investigation (the "FBI" or alternatively the "respondent") provide the Commission with copies (including drafting/routing slips) of the following items 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 FBI staff and distributed to attendees for; and any agendas, minutes, notes (either typed or handwritten) and/or conclusions or summaries of conclusions prepared for or resulting from Director, Deputy Director or Executive Assistant Director for Counter Terrorism 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 documents relating to trial preparation or specific prosecution): a)

Usama bin Laden ("UBL"), Al-Qa'ida, Afghanistan and/or USG counter terrorism strategy from January 1, 1998— September 20, 2002 as well as UBL/Al-Qa'ida in Sudan from January 1, 1991—January 1, 1997;

b)

The formulation, implementation, or review of the FBI's counter terrorism policy from January 1, 1998—September 20,2001;

c)

Guidance to, or not to, pursue UBL and Al-Qa'ida members from January 1, 1991—September 20, 2002;

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)

Communications between National Security Advisor Condoleezza Rice and FBI director Louis Freeh regarding Saudi Arabia, UBL and/or Al-Qa'ida from December 1, 2000— September 1,2001;

f)

Director, Deputy Director and Executive Assistant Director for Counter Terrorism communications with Afghan, German, Pakistani, Saudi or Yemeni officials addressing UBL and/or Al-Qa'ida from January 1, 1998—September 20, 2001 and same for Sudanese officials from January 1, 1991—January 1, 1997. Please provide a dated index of all such communications;

g)

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; and

h)

Possible USG involvement in any rendition effort, including those conducted by other countries from January 1, 1998- September 20, 2001 and a dated index of same.

Director, Deputy Director or Executive Assistant Director for Counter Terrorism meetings or discussions include any such meeting or discussion whether chaired or attended by any of the aforementioned officials, including but not limited to Principals and Deputies' Committee meetings, regardless of whether the other attendees were FBI officials. This request also applies to meetings addressing the aforementioned topics wholly or in part regardless of the title used for the group or whether conducted in person or by SVTS. 2)

FBI options papers, strategy papers, or conclusions (or summaries thereof) from meetings relating to the following aspects of USG counter terrorism policy, and which were created by or presented to those at the Executive Assistant Director for Counter Terrorism level or above (such requests are limited to counter terrorism policy and are not to include documents relating to trial preparation or specific prosecution): a)

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

b)

Notes, summaries or recommendations arising out of FBI communications with foreign governments regarding UBL or Al-Qa'ida from January 1, 1998-September 20, 2001. This would also include any discussions with foreign officials regarding

the expulsion or extradition of UBL from Sudan from January 1, 1991—January 1, 1997; c)

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;

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)

The briefing materials relating to UBL, Al-Qa'ida and/or USG counter terrorism efforts and policy prepared or compiled by the FBI and provided to the Bush-Cheney Transition Team or incoming Bush-Cheney officials and/or staff, including those specifically prepared for incoming FBI Director Robert Mueller; and

f)

Possible USG involvement in any rendition effort, including those conducted by other countries from January 1, 1998- September 20, 2001 and a dated index of same.

3)

FBI Staff Telephone directories and organizational charts from 1991-2001.

4)

Indexed list (containing dates and topic areas) of all FBI briefings, regardless of whether they addressed counter terrorism, attended by Director Mueller from August 1, 2001—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. 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

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: Team 3,9/11 Commission NND PROJECT NUMBER:

52100

FOIA CASE NUMBER: 31107

WITHDRAWAL DATE: 12/18/2008

BOX: 00008

FOLDER: 0001

COPIES: 1 PAGES:

TAB: 10

DOC ID: 31209628

6

_ACCESS RESTRICTED The item identified below has been withdrawn from this file: FOLDER TITLE: Document Requests DOCUMENT DATE: 05/21/2003

DOCUMENT TYPE: Draft

FROM: TO: SUBJECT:

Draft Document Request

This document has been withdrawn for the following reason(s): 9/11 Classified Information

WITHDRAWAL NOTICE

THOMAS H

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EOF DOCUMENT REQUEST No. 2

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR

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 nformation no later than June 25, 2003 (the "production date"). The !ommission requests that the respondent inform the Commission promptly if he production date poses a problem for certain categories of documents, such as documents from the previous Administration that may be in the custody of the National Archives and Records Administration, and meet )romptly with the Commission staff to set a schedule for the production of hose documents. 1. The briefing materials prepared or compiled by NSC staff and distributed o attendees for; any summaries prepared or compiled by NSC staff and distributed to attendees of the discussions held at and/or conclusions emerging from; and any minutes prepared or compiled by NSC staff of Principals and Deputies Committee meetings held from January 1, 1998, through September 20, 2001 that concerned:

Richard Ben-Veniste (a) Al-Qa'ida, Usama bin Laden, and/or Afghanistan; Max Cleland F. Fielding Jamie S. Gorelick Slade Gorton John Lehman Timothy J. Roemer James R. Thompson Philip D. Zelikow EXECUTIVE DIRECTOR

b) the policy and budget development, implementation, or review of the overall counterterrorism policies of the United States, including PDD-62 (1998), the Five Year Counterterrorism Plan, and any successor NSPDs; and/or (c) counterterrorism issues involving threats to or attacks on the United States or American persons or assets in relations with Malaysia, Pakistan, Saudi Arabia, Sudan, the United Arab Emirates, and Yemen, other than materials that focus only on Palestinian terrorist activities. Principals meetings include any such meeting whether chaired by the President 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 conducted in person or by SVTS, including meetings of the "Foreign Policy Team," the "Small Group," and the Counterterrorism Security Group (including CSG meetings chaired by the National Coordinator), as well as relevant meetings at Camp David. 2. The President's Daily Diary for September 11, 2001, and logs from the White House Situation Room, the Presidential Emergency Operations Center (PEOC), and the White House Military Office for September 11, 2001. 3. Contemporaneous notes of individuals present in the PEOC or accompanying the President on September 11, 2001, including notes of White House officials other than the President. (A request for such documents directed to the Office of the Vice President will be submitted separately.) 4. The briefing materials prepared or compiled by White House staff and

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6/5/03

.OMAS H

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distributed to attendees for; any summaries prepared or compiled by White House staff and distributed to attendees of the discussions held at and/or conclusions emerging from; and any minutes prepared or compiled by White House staff of meetings at the principals or deputies level, including the Domestic Consequences Principals Committee, from September 11 through September 20, 2001, that concerned domestic policy responses to the terrorist attacks upon the United States. 5. Information sufficient to describe the activation and implementation of continuity of operations and emergency response plans and measures for the White House complex on September 11, 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. The Commission intends to make further document requests as its work develops and reserves the right to request additional documents and information in the areas addressed in this request. June 4, 2003 Daniel Marcus General Counsel HOP DOCUMENT REQUEST No. 2 Page 2

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6/5/03

Thomas H. Kean CHAIR

EOF DOCUMENT REQUEST No. 1

Lee H. Hamilton

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 copies of the following documents and responses to the following questions no later than May 21, 2003, (the "production date"):

VICE CHAIR

Richard Ben-Veniste Max Cleland Fred F. Fielding Jamie S. Gorelick Slade Gorton

1. White House transcripts of Bob Woodward's interviews with President Bush discussing the facts and circumstances surrounding the 9-11 attack and the immediate response of the United States.

John Lehman Timothy J. Roemer James R. Thompson

2. White House transcripts of all press interviews with Vice President Cheney in which he discusses the facts and circumstances surrounding the 9-11 attack and the immediate response of the United States, including specifically the interviews with Bob Woodward and with Newsweek.

Philip D. Zelikow EXECUTIVE DIRECTOR

3. White House transcripts of all press interviews with Mrs. Cheney, White House staff, or background briefings with 'senior administration officials' that discuss the facts and circumstances surrounding the 9-11 attack and the immediate response of the United "States, including specifically interviews with Bob Woodward and with Newsweek. — 4. Please state whether recordings were made of telephone conversations to and from the President on September 11, 2001, especially while he was aboard Air Force One. 5. Please state whether audio or video recordings are produced or retained of meetings with White House principals that utilize the Secure Video .Teleconferencing System. The Commission requests that 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.

TEL (202) 331-4060 KAX (202) 296-5545 www.9-11 commission.gov

REQUEST No. 1

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.

May 13, 2003

Daniel Marcus General Counsel

WITHDRAWAL NOTICE RG: 148 Exposition, Anniversary, and Memorial Commissions SERIES: Team 3,9/11 Commission NND PROJECT NUMBER:

52100

FOIA CASE NUMBER: 31107

WITHDRAWAL DATE: 12/18/2008

BOX: 00008

TAB: 11

FOLDER: 0001

COPIES: 1 PAGES:

DOC ID: 31209629

1

The item identified below has been withdrawn from this file: FOLDER TITLE: Document Requests DOCUMENT DATE: 05/02/2003

DOCUMENT TYPE: Plan

FROM:

TO: SUBJECT:

Draft DoD document/information request outline

This document has been withdrawn for the following reason(s): 9/11 Personal Privacy

WITHDRAWAL NOTICE

Team Three Document Requests Document

Team Lead

Given to Dan To Agency

Due Date

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Date Rec'd

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Docs Rec'd

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Due Date

Docs Rec'd

Date Rec'd

Calls to POC All Rec'd

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Team Lead

DCI

A Albion

Document

Team Lead

DoD

B Jenkins

Document

Team Lead

DOJ

S Allen

Document

Team Lead

DOS

S Allen

Document EOF

Team Lead

Document

Team Lead

FBI

S Allen

6/20/03

Given to Dan To Agency 6/17/03

Given to Dan To Agency 6/17/03

Given to Dan To Agency 6/17/03

Given to Dan To Agency •

WBass

Monday, June 23, 2003

6/20/03

Given to Dan To Agency 6/17/03

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