T5 B24 Copies Of Doc Requests File 1- 3 Of 3 Fdr- Doj Tab- Entire Contents- Doj Doc Requests- Responses- Docs 183

DOJ DOCUMENT REQUEST NO. 6 Thomas II. Kean CHAIR

Lee II. Hamilton VICE CHAIR

Richard Ben-Veniste

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the DEPARTMENT OF JUSTICE ("Respondent") provide the Commission with copies of the following materials no later than September 29, 2003.

Max Clcland Fred F. Fielding Jamie S. Gorelick Sladc Gorton John Lehman Timothy J. Roemer James R. Thompson Philip D. Zelikow E X E C U T I V E DIRECTOR

1. Memoranda from and to senior DOJ officials regarding counterterrorism and immigration and border security policy and programs. Documents setting forth communications and policy statements from the Office of the Attorney General or the Office of the Deputy Attorney General to the Executive Office for United States Attorneys (EOUSA), the Executive Office for Immigration Review (EOIR), the office of the INS Commissioner, INS Deputy Commissioner, INS Executive Associate Commissioner, or persons acting in these capacities, and from the latter to the former, from February 26, 1993 through September 20, 2001, regarding: a. Policies, programs, and practices concerning visa or border screening for terrorists; b. the use of immigration law violations to prosecute known or suspected terrorists; c. PDD-39 and PDD-62 insofar as they concerned immigration and border security matters. 2. Memoranda from senior DOJ officials to the Executive Office of the President. Documents setting forth communications by the Attorney General or the Deputy Attorney General or principals designated by them to, or minutes of meetings with, the President, the Advisor for National Security, White House principals in charge of border and homeland security, and the OMB Director, concerning immigration (including refugees), border security as it relates to the events of September 11, 2001 or counterterrorism generally: a. from February 26, 1993 through September 11, 2001; b. from September 11, 2001 to September 20, 2001; and c. communications or minutes from September 21,2001 to the present or to the date of the establishment of the Department of Homeland Security as appropriate, sufficient to document the inception, performance, and status of current policies and programs (e.g Visas Condor; enforcement actions involving aliens in the United States; and international cooperative efforts concerning intelligence, law enforcement, and travel document fraud). 3. Communications from senior DOJ officials to the Department of Defense. Documents setting forth communications to the Department of Defense concerning protection of the U.S. borders from terrorist infiltration by the most senior Department of Justice officers engaged in such communications, and by the Office of Legal Policy to its counterparts at the Department of Defense: a. from January 1, 1998 through September 20, 2001; and TEI. (202) 331-4060 FAX (202) 296-5545 http://www.9-11 commission.gov

DOJ Document Request No. 6 September 24, 2003 Page 2

b. reflecting the status of issues between the two Departments as of the time of the establishment of the Department of Homeland Security 4. Memoranda to and from the Terrorism and Violent Crime Section (TVCS) on the counterterrorism/immigration policy and program nexus. Documents setting forth communications and policy statements from the Office of the Attorney General or the Office of the Deputy Attorney General to the Chief (or acting Chief) of the Terrorism and Violent Crime Section (Criminal Division), and from the latter to the former, from June 1, 1995 to September 20, 2001, regarding: a. Policies, programs, resources concerning visa and border screening for terrorists; b. the use of immigration law violations to prosecute known or suspected terrorists; c. international cooperation in reducing terrorist transnational mobility; and d. PDD-39 and PDD-62. 5. Memoranda from and to the Office of International Affairs (OIA). Documents setting forth communications and/or policy statements from the Office of the Attorney General or the Office of the Deputy Attorney General to the Chief (or acting Chief) of the Office of International Affairs (OIA), and from the Chief (or acting Chief) of OIA to the Office of the Attorney General or the Office of the Deputy Attorney General, from February 26, 1993 through September 20, 2001, regarding bilateral, regional, and multilateral discussions on immigration, travel, and border issues related to counterterrorism, including intelligence sharing, law enforcement and criminal justice matters, and preventative measures. 6. Memoranda between INS and the Justice Department's TVCS and OIA. Documents setting forth communications and/or policy statements from the Commissioner of INS or the Commissioner's designee to the Chiefs of the Terrorism and Violent Crime Section and the Office of International Affairs, relating to counterterrorism at the visa or entry stage, or with regard to transnational terrorist mobility, from 1996 to September 11, 2001. 7. International initiatives. The most recent briefing packages prepared for the Attorney General or his designee for all bilateral, regional, or multilateral discussions (e.g. Canada, OAS, OSCE, G-8) concerning counterterrorism measures relating to border security and immigration. 8. Alien Terrorist Removal Court. Documents summarizing efforts to use the Alien Terrorist Removal Court (ATRC), with brief descriptions of any cases considered for prosecution in the ATRC; and policy statements or memoranda to or from the Terrorism and Violent Crime Section analyzing, evaluating or stating the legal or factual criteria or standard for bringing a case before the ATRC. 9. NCIC. Documents sufficient to show the process and requirements for entering the name of an alien absconder into the National Crime Information Center (NCIC) database; the office(s) and individual(s) at the Department of Justice who were (before the establishment of the Department of Homeland Security) and are charged with overseeing the entry of absconder names into the NCIC database and the policy and legal structure of this project; the number of alien absconders by country or origin currently entered into NCIC; and the number of alien absconders by country entered into NCIC considered known or suspected terrorists.

TEL (202) 331-4060 FAX (202) 296-5545

http://www.9-l lcommission.gov

DOJ Document Request No. 6 September 24, 2003 PageS

10. September 11 detainees. Documents prepared for senior Department of Justice officials summarizing the results of the detention of aliens in connection with the investigation of the attacks of September 11, 2001, including (a) the number of individuals detained, deported, and released, (b) the countries of origin of the detainees, (c) the legal grounds upon which they were detained, charged, and deported, and (d) the intelligence, counterterrorism, and law enforcement benefits which resulted from those detentions. 11. The National Security Entry-Exit Registration System (NSEERS or special registration). Documents prepared for senior Department of Justice officials summarizing the results of this program, including (a) the number of registered individuals by country, (b) the number of individuals who were detained or deported in connection with their registration, and (c) the intelligence, counterterrorism, and law enforcement benefits which resulted from the NSEERS program. 12. Voluntary Interview Program. Documents signed by senior Department of Justice officials establishing the Voluntary Interview Program and setting forth the program goals, objectives, and methods; documents prepared for senior Department of Justice officials summarizing the program's results including (a) the number of proposed interviewees, (b) the number of actual interviewees; (c) the number of interviewees who were detained on any charge; and (d) the intelligence, counterterrorism, and law enforcement benefits which resulted from the program. 13. Absconder Initiative. Documents sufficient to establish the formation and results of the Absconder Initiative, including (a) documents setting forth the criteria used to determine which individuals or groups of individuals were to be given a priority out of the approximately 314,000 individuals with prior deportation orders whose names were given to the FBI by the INS; and (b) reports prepared for senior Department of Justice officials summarizing the number of aliens detained pursuant to the Absconder Initiative, and the results of any immigration or criminal proceedings brought against them. 14. Criminal justice statistics on enforcement actions. Documents for the period January 1, 1998 through the present summarizing the number of aliens, by judicial district: a. referred for immigration violations and terrorism-related activities; b. prosecuted for immigration violations and terrorism-related charges; and c. prosecuted for immigration violations for which the Justice Department had information suggesting or indicating the aliens had terrorist affiliations. 15. Analytic reports on criminal justice statistics. Special analytic reports prepared by DOJ agencies, including BJS and INS, discussing immigration enforcement, terrorism-related enforcement, and terrorism-related immigration prosecutions, from January 1, 1998 through the present. 16. Indices of INS documents and interviewees produced in connection with reports of the Department of Justice Inspector General. Lists or indices of INS interviewees and supporting documentation produced to the Department of Justice Office of Inspector General in connection with the following reports and audits: a. "The September 11 Detainees: A Review of the Treatment of Aliens Held on Immigration Charges in Connection with the Investigation of the September 11 Attacks" (June 2003); TEL (202) 331-4060 FAX (202) 296-5545

http://www.9-l lcommission.gov

DOJ Document Request No. 6 September 24, 2003 Page 4

b. "The Immigration and Naturalization's Service's Contacts with Two September 11 Terrorists: A Review of the INS's Admissions of Mohamed Atta and Marwan Alshehhi, its Processing of their Change of Status Applications, and its Efforts to Track Foreign Students in the United States" (May 20, 2002); c. "Follow-Up Report on the Border Patrol's Efforts to Improve Northern Border Security," Report No. 1-2002-004, February 2002; The Commission requests that in instances where documents responsive to DOJ enumerated requests are acquired, received or produced subsequent to the date of this document request, that such requests are deemed continuing through March 2003. The Commission further 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, thorough means of a "rolling" production. Please provide documents organized in a manner indicating to what document request number each document is responsive. 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 point of contact for this request is Tom Eldridge at (202) 401-1686.

September 15, 2003

Daniel Marcus General Counsel

TEL (202) 331-4060 FAX (202) 296-5545

http://www.9-ll commission.gov

DOJ DOCUMENT REQUEST NO. 9 Thomas H. Kean CHAIR

Lee H. Hamilton VICE C H A I R

Richard Ben-Veniste

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the U.S. Department of Justice (DOJ or the "respondent") provide the Commission with copies of the following materials no later than November 3, 2003:

Max Cleland Fred F, Fielding Jamie S. Gorelick Slade Gorton John Lehman Timothy J. Roemer James R. Thompson Philip D. Zelikow EXECUTIVE DIRECTOR

1. Documents from and to senior DOJ officials regarding counterterrorism and immigration and border security policy and programs. Documents setting forth communications and policy statements from the Office of the Attorney General (OAG) or the Office of the Deputy Attorney General (ODAG) to the Executive Office for United States Attorneys (EOUSA), the Executive Office for Immigration Review (EOIR), the office of the INS Commissioner, INS Deputy Commissioner, or INS Executive Associate Commissioners, and from the latter to the former, from February 26, 1993 through September 20, 2001, regarding immigration policies, strategies, funding, programs, and practices concerning screening for terrorists at the border and elsewhere, and the use of immigration law to prosecute known or suspected terrorists in the U.S., including PDD-39 and PDD-62 insofar as they concerned immigration and border security matters. 2. Documents from senior DOJ officials to the Executive Office of the President. Documents setting forth communications by the OAG or the ODAG with officials in the Executive Office of the President (EOP) who had responsibility for border and homeland security, concerning immigration (including refugees) and border security issues related to counterterrorism, including the specific events of September 11, 2001, (a) from February 26, 1993 through September 20, 2001, and (b) sufficient to describe current policies and programs (e.g., visa namecheck programs; immigration enforcement involving aliens in the U.S.; and international border-related efforts concerning intelligence, law enforcement, and travel document fraud), and setting forth evaluations and results of those current programs. 3. Communications from senior DOJ officials to the Department of Defense DoD). Documents setting forth communications by the OAG, ODAG, or the Office of Legal Policy (OLP), to the DoD concerning protection of U.S. borders from terrorist infiltration, from September 11, 2001 through September 20, 2001. 4. Communications with foreign counterparts. OAG and ODAG communications with foreign counterparts regarding cooperative immigration and border-related counterterrorism measures, from January TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-l lcommission.gov

)OJ Document Request No. 9 October 20, 2003 Page 2

1, 1998 through September 20, 2001. Such requests are limited to counterterrorism measures generally and do not include items relating to specific individuals. 5. Documents to and from the Criminal Division Terrorism and Violent Crime Section (TVCS) on counterterrorism/immigration policy and programs. Documents setting forth communications and policy statements from the OAG or the ODAG to the Chief of the TVCS, and from the latter to the former, from June 1, 1995 to September 20, 2001, regarding visa and border screening related to counterterrorism; the use of immigration law violations to combat terrorism; the use of secret evidence in immigration proceedings against suspected terrorists; international cooperation in reducing terrorist transnational mobility; and PDD-39 and PDD-62. 6. Documents from and to the Criminal Division, Office of International Affairs (OIA). Documents setting forth communications and/or policy statements from the OAG or the ODAG to the Chief of OIA, and from the Chief of OIA to the OAG or the ODAG, from January 1, 1998 through September 20, 2001, regarding bilateral, regional, and multilateral discussions on immigration, travel, and border issues, including intelligence sharing, law enforcement and criminal justice matters, and preventative measures, to the extent those discussions related to combatting terrorism. 7. Documents from and to the Criminal Division's TVCS and OIA. Documents setting forth communications and/or policy statements from the Commissioner of INS, the Executive Associate Commissioners, the head of the National Security Unit, and the Director for Intelligence to the Chiefs of the TVCS and the OIA, relating to counterterrorism at the visa stage or prior to travel to the U.S., at the border, or involving aliens within the U.S. from January 1, 1995, through September 20, 2001. 8. Alien Terrorist Removal Court (ATRC). Documents summarizing policies on the use of and the activities of the ATRC; and policy statements or memoranda to or from the TVCS analyzing, evaluating or stating the legal or factual criteria or standard for bringing a case before the ATRC, from January 1, 1996, through September 20, 2001. 9. NCIC. Documents from sufficient to show (a) the current process and requirements for entering the name of an alien absconder into the National Crime Information Center (NCIC) database; and (b) the number of alien absconders by country of origin currently entered into NCIC. 10. September 11 detainees. Documents summarizing the results of the detention of aliens in connection with the investigation of the attacks of September 11, 2001, including documents summarizing (a) the number of individuals detained, deported, and released; (b) the countries of origin of the detainees; (c) the legal grounds upon which they were detained, charged, and deported; and (d) the intelligence, counterterrorism, and law enforcement benefits which resulted from those detentions. TEL (202) 331-4060 FAX (202) 296-5545

http://www.9-l lcommission.gov

;OJ Document Request No. 9 October 20, 2003 PageS

11. The National Security Entry-Exit Registration System (NSEERS or special registration). Documents from September 11, 2001 through the present prepared for the OAG or the ODAG summarizing the results of the NSEERS program, including (a) the number of registered individuals by country; (b) the number of individuals who were detained or deported in connection with their registration; and (c) the intelligence, counterterrorism, and law enforcement benefits which resulted from the NSEERS program. 12. Voluntary Interview Program. Documents from September 11, 2001 through the present prepared for the OAG or the ODAG summarizing the origin, mission and results of the Voluntary Interview Program, including (a) the number of proposed interviewees; (b) the number of actual interviewees; (c) the number of interviewees who were detained on any charge; and (d) the intelligence, counterterrorism, and law enforcement benefits which resulted from the program. 13. Absconder Initiative. Documents sufficient to describe the origin and results of the Absconder Initiative, including (a) documents setting forth the criteria used to determine which individuals or groups of individuals were to be given a priority out of those with prior deportation orders; and (b) reports summarizing the number of aliens detained pursuant to the Absconder Initiative and the results of any immigration or criminal proceedings brought against them. 14. Criminal justice statistics on enforcement actions. Documents for the period from January 1, 1998 through the present summarizing the number of aliens who were charged with both immigration and terrorism-related charges. 15. Analytic reports on criminal justice statistics. Analytic reports prepared by DOJ agencies, including BJS and INS, discussing terrorism-related immigration enforcement, and terrorism-related immigration prosecutions, from January 1, 1998 through the present. 16. "INS Weekly". All "INS Weekly" agendas prepared for the ODAG from January 1, 1998 through September 20, 2001, which include terrorism-related items. 17. Transition. Documents prepared for or communicated by DOJ to the Bush-Cheney Transition Team or incoming Bush-Cheney officials related to INS counterterrorism measures. The Commission further 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, thorough 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 TEL (202) 331-4060 FAX (202) 296-5545

http://www.9-l lcommission.gov

iJOJ Document Request No. 9 October 20, 2003 Page 4

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. October 20, 2003

Daniel Marcus General Counsel

TKL (202) 331-4060 FAX (202) 296-5545

http://www.9-l lcommission.gov

jnne Accolla it:

Subject:

sdunne@9-11 commission.gov Monday, October 20, 2003 3:13 PM [email protected] [email protected]; [email protected]; [email protected]; [email protected] DOJ document request no. 9

DOJ document request no 9.doc...

Faith: Attached as a Word document is DOJ document request no. 9. call Tom Eldridge at 202-401-1686 with any questions about this request and to arrange for production. Feel free to call Dan Marcus or me as well if any issues arise. Thanks. Steve

Please

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D. C. 20530

November 5, 2003 Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 1312 pages that were provided by the Office of the Attorney General and the Department's Executive Secretariat in response to this request. We have imaged these documents on CD 36, which we will produce when we are advised by your technical staff of the Commission's format preferences. We also have 85 pages in which the Department has substantial confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. Our efforts to collect and process documents responsive to this request are continuing and we will supplement this response with additional documents as soon as they become available. Meanwhile, please do not hesitate to contact me if you would like assistance with any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D.C. 20530

November 4, 2003 Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 1252 pages that were provided by the Offices of the Attorney General and the Deputy Attorney General in response to this request. We have imaged these documents on CDs , which we will produce when we are advised by your technical staff of the Commission's format preferences. We also have 61 pages in which the Department has substantial confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. Our efforts to collect and process documents responsive to this request are continuing and we will supplement this response with additional documents as soon as they become available. Meanwhile, please do not hesitate to contact me if you would like assistance with any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D.C. 20530

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November 7, 2003 Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 1621 pages that were provided by the Offices of the Deputy Attorney General and the Attorney General and the Department's Executive Secretariat in response to this request. We have imaged these documents on CD 38, which we will produce when we are advised by your technical staff of the Commission's format preferences. We also have 18 pages in which the Department has substantial confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. Our efforts to collect and process documents responsive to this request are continuing and we will supplement this response with additional documents as soon as they become available. Meanwhile, please do not hesitate to contact me if you would like assistance with any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D.C. 20530

November 13, 2003

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 673 pages that were provided by the Office of the Deputy Attorney General, in response to this request. We have imaged these documents on CD 44, which we will produce when we are advised by your technical staff of the Commission's format preferences. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, B.C. 20530

November 19, 2003

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 1,908 pages that were provided by the Office of the Deputy Attorney General, the Department's Executive Secretariat, and other Department offices in response to this request. We have imaged these documents on CD 45, which we will produce when we are advised by your technical staff of the Commission's format preferences. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

BOX NUMBER

KABEL NAME

FRAME RANGE

DOJ POSITION REGARDING POSSIBLE MODIFICATION OF NSEERS WITH RESPECT TO SAUDI ARABIA

DAG009

0001 -0004

ARRIVALS IN THE UNITED STATES AND POSSIBILITIES OF ENHANCED SCRUTINY

DAG009

0005 -0046

DRAFT FOR INS COMMISSIONER, FBI DIRECTOR, AND U.S. ATTORNEYS FROM THE DAG REGARDING GUIDANCE FOR ABSCONDER APPREHENSION INITIATIVE

DAG009

0047 -0103

LETTER FROM QUYNH VU ATTACHMENT GENERAL ACCOUNTING OFFICE FINAL REPORT HOMELAND SECURITY JUSTICE DEPARTMENTS PROJECT TO INTERVIEW ALIENS AFTER SEPTEMBER 11, 2001 20030609

DAG009

0104 -0142

NSEERS ENFORCEMENT SUMMARY 20030408

DAG009

0143 -0152

OUTLINE PRESENTATION TALKING POINTS NATIONAL SECURITY ENTRY EXIT REGISTRATION SYSTEM OVERVIEW 20021210

DAG009

0153 -0154

NSEERS COUNT AND COUNTRY LIST 20030110

DAG009

0155 -0157

NATIONAL SECURITY ENTRY/EXIT REGISTRATION SYSTEM OUTLINE

DAG009

0158-0160

CONTINUATION OF NSEERS ENROLLMENT TALKING POINTS FOR 20021122 AND NSEERS SUMMARY AS OF 20021028

DAG009

0161-0209

NSEERS PROJECT METRICS, APPREHENSION REPORT, AND NATIONAL SECURITY ENTRY EXIT REGISTRATION SYSTEM KEY ISSUES/CHALLENGES 20030103

DAG009

0210 -0239

LOS NSEERS DETAINEES 20030113

DAG009

0240 -0246

MAPPING LOCATIONS OF ALL 1-94 REGISTERED 07/01/2002 -11/07/2002 FOR KUWAIT, MALAYSIA, EGYPT, JORDAN, BANGLADESH, PARAGUAY, AND INDONESIA

DAG009

0247-0253

18-Nov-03

Pagel

DAG009

BOX NUMBER

NAME f\S CRIMINAL ALIEN APPREHENSION LOG

\

FRAME RANGE 0254 -0254

DAG009

NATIONAL SECURITY ENTRY-EXIT REGISTRATION SYSTEM SUCCESSES AND STATISTICS 20030106 AND 20030131

DAG009

0255 -0261

TALKING POINTS RE: NSEERS AND PAKISTAN CONCESSIONS

DAG009

0262 -0264

NATIONAL SECURITY ENTRY-EXIT REGISTRATION SYSTEM SUCCESSES AND STATISTICS 20030206

DAG009

0265 -0265

OUTLINE FOR NSEERS MESSAGE FOR INDONESIA DELEGATION

DAG009

0266 -0268

INS CUSTODY LIST

DAG009

0269 -0269

DOJ FACT SHEET AN UPDATE ON DETENTIONS CONDUCTED BY THE JUSTICE DEPARTMENT FOLLOWING 9-11 20021211

DAG009

0270 -0292

MEMO FOR THE DAG FROM GLENN FINE SUBJECT: RESPONSE TO THE OFFICE OF THE INSPECTOR GENERAL REPORT ON THE TREATMENT OF SEPTEMBER 11 DETAINEES 20030613

DAG009

0293-0300

MEMO FOR LARRY THOMPSON FROM GLENN FINE SUBJECT OIG REVIEW OF SEPTEMBER 11 DETAINEES 20020711

DAG009

0301 -0318

METHODS OF ARRIVAL IN THE UNITED STATES ARE RECOMMENDATIONS FOR ENHANCED SCREENING

DAG009

0319-0326

INTEGRATED ENTRY/EXIT SYSTEM STRATEGY PRESENTATION FOR HOMELAND SECURITY 20020328

DAG009

0327 -0355

THE UNITED STATES ENTRY EXIT PROGRAM HIGH-LEVEL PROGRAM OVERVIEW TO OFFICE OF HOMELAND SECURITY 20020611

DAG009

0356 -0362

HOMELAND SECURITY DEPUTIES COMMITTEE MEETING DAG009 ALIEN ENTRY-EXIT SYSTEM 20020718

18-Nov-03

Page 2

0363 -0367

DAG009

BOX NUMBER

.LABEL NAME

FRAME RANGE

DAG009

0368-0392

JOINT DEPARTMENT OF DEFENSE AND INS PLAN FOR ENHANCING SECURITY ALONG THE NORTHERN BORDER DRAFT XXXX1109

DAG009

0393 -0399

EXPLANATION OF FTO DEFINITION

DAG009

0400-0411

PRESIDENTIAL PROCLAMATION ON SUSPENSION OF ENTRY AS IMMIGRANTS AND NONIMMIGRANTS OF PERSONS WHO MAY ENDANGER THE WELFARE, SAFETY, OR SECURITY OF THE UNITED STATES

DAG009

0412 -0424

PROPOSALS FOR CONTROLLING THE BORDER 20010921

DAG009

0425 -0428

DAG009

0429 -0489

STUART LEVEY E-MAIL FROM LAURA BAXTER REGARDING 20010919

DAG009

0490 -0507

ARRIVALS IN THE UNITED STATES AND POSSIBILITIES OF ENHANCED SCRUTINY

DAG009

0508 -0524

LETTER FROM GREG JONES ATTACHMENT REVISED INS/FBI DATA SHARING LANGUAGE 20010821

DAG009

0525 -0529

ARRIVALS IN THE UNITED STATES AND POSSIBILITIES OF ENHANCED SCRUTINY AND TEMPORARY ENTRY PROGRAMS

DAG009

0530 -0559

DAG009

0560 -0569

\N PREVENTING TERRORIST FROM U ENTERING THE U.S. DOCUMENT

DAG009

0570 -0592

a BORDER MANAGEMENT INS PROPOSALS FOR CONTROLLING THE BORDER

DAG009

0593 -0606

BORDER CONTROL INITIATIVES TO KEEP OUT OR f\D TERRORISTS AND MAJOR CRIMINALS DRAFT 20020130 ,'

DRAFT PRE-DECISIONAL CONTROLLING THE BORDER . 20020311 ft

(^METHODS OF ARRIVAL IN THE U.S. AND ^RECOMMENDATIONS FOR ENHANCED SCREENING

18-Nov-03

Page3

DAG009

BOX NUMBER

LABEL NAME

FRAME RANGE

fr INCREASED QUESTIONING OF FOREIGN TRAVELERS I AT PORTS OF ENTRY

DAG009

0607-0615

MEMO FROM KENNETH WAINSTEIN REGARDING INTERVIEW REPORT 20020319

DAG009

0616 -0629

MEMO FOR ALL U.S. ATTORNEYS ALL MEMBERS OF THE ANTI-TERRORISM TASK FORCE FROM DAG SUBJECT: GUIDELINES FOR THE INTERVIEWS REGARDING INTERNATIONAL TERRORISM 20011109

DAG009

0630 -0637

INS MISSION: REGULATE THE BORDER 20011119

DAG009

0638 -0669

18-Nov-03

Page 4

DAG009

LABEL NAME

BOX NUMBER

FRAME RANGE

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-2 SUBJECT: COMBATING TERRORISM THROUGH IMMIGRATION POLICIES 20011029

DOJ001

0001 -0004

LETTER FROM JANET RENO TO SAMUEL R. BERGER REGARDING ALIEN SMUGGLING CASES IN THE SOUTHERN DISTRICT OF FLORIDA 19991001

DOJOO1

0005 -0005

ACCEPTING THE IMMIGRATION CHALLENGE THE PRESIDENTS REPORT ON IMMIGRATION 1994XXXX

DO JOO 1

0006 -0080

MEMO FROM JOHN GORDON TO THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES SUBJECT: IMPLEMENTATION OF HOMELAND SECURITY PRESIDENTIAL DIRECTIVE - 6 20031022

DOJ001

0081 -0082

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-6 SUBJECT: INTEGRATION AND USE OF SCREENING INFORMATION TO PROTECT AGAINST TERRORISM 20030916

DO JOO 1

0083 -0086

18-Nov-03

Page 1

DO JOO 1

LABEL NAME

f(

f

BOX NUMBER

FRAME RANGE

CONTROL SHEET ATTORNEY GENERAL JOHN ASHCROFT EXS004 TESTIMONY BEFORE THE HOUSE COMMITTEE ON THE JUDICIARY 20010924

0001 -0005

MEMO FROM THE AG TO ALL US ATTORNEYS SUBJECT: INTERVIEWS REGARDING INTERNATIONAL TERRORISM 20011109

EXS004

0006 -0015

MEMO FROM THE AG SUBJECT: TRAINING IN COUNTER-TERRORISM: FEDERAL, STATE, AND LOCAL COORDINATION 20011113

EXS004

0016-0017

MEMO FROM THE AG TO ALL US ATTORNEYS SUBJECT: COOPERATION WITH STATE AND LOCAL OFFICIALS IN THE FIGHT AGAINST TERRORISM 20011113

EXS004

0018 -0019

CONTROL SHEET LETTER FROM ROBERT E. RUBIN TO JANET RENO REGARDING THE AG LETTER INVITING TREASURY TO PARTICIPATE IN THE PREPARATION OF THE INTER-DEPARTMENTAL COUNTER-TERRORISM AND TECHNOLOGY CRIME PLAN 19980317

EXS004

0020-0023

CONTROL SHEET LETTER FROM WARNASENA RASAPUTRAM TO JANET RENO ADVISING THAT THE HON. G.L. PEIRIS WILL BE MAKING AN OFFICIAL VISIT TO WASHINGTON D.C. FROM 19980414 TO 19980417 IN CONNECTION WITH THE WORLD BANK/IMF INTERIM MEETINGS 19980406

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l3-Nov-03

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MEMO FROM ELIZABETH FINE FOR THE AG SUBJECT: (\N BENEFITS FOR ALIEN WITNESSES AND INFORMERS 19940606

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0001 -0003

LETTER FROM SHERYL L. WALTER TO ORRIN HATCH EXS005 TRANSMITS THE IMMIGRATION AND NATURALIZATION SERVICES SEVENTH REPORT TO CONGRESS ON DETENTION AND RELEASE OF CRIMINAL AND OTHER ALIENS 20010214

0004 -0050

LETTER FROM ROBERT RABEN TO ORRIN HATCH EXS005 TRANSMITS THE IMMIGRATION AND NATURALIZATION SERVICES SIX REPORT TO CONGRESS ON DETENTION AND RELEASE OF CRIMINAL AND OTHER ALIENS 20000512

0051 -0096

MEMO FROM DORIS MEISSNER TO THE AG SUBJECT: PROPOSED RULE IMPLEMENTING TRANSITIONAL RULES FOR CRIMINAL ALIEN DETENTION 19980224

EXS005

0097 -0151

EXS005

0152-0155

MEMO FROM JOHN C. KEENEY TO THE AG SUBJECT: REPORT OF ALIEN TERRORIST REMOVAL COURT (ATRC) TASK FORCE CONCERNING 18 MONTH REVIEW OF INTERIM PROCEDURES 19980219

EXS005

0156-0226

MEMO FROM SETH P. WAXMAN TO THE AG SUBJECT: STATUS OF REMOVAL OF ALIEN TERRORIST (GETBACK NO. 137 (1) (A) 19950107

EXS005

0227-0229

MEMO FROM INS COMMISSIONER TO THE AG SUBJECT: ADMINISTRATIVE DEPORTATION WITHOUT A HEARING BEFORE AN IMMIGRATION JUDGE 19950201

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0230-0249

LETTER JANET RENO TO LOUIS J. FREEH RE: REMOVAL OF ALIEN TERRORISTS 19950224

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0250 -0258

LETTER FROM LOUIS J. FREEH TO JANET RENO REGARDING AVIATION POLICY WORKING GROUP OF

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0259-0260

^ MEMO FROM JAMES K. ROBINSON TO THE AG f, SUBJECT: ESTABLISHMENT OF ALIEN SMUGGLING TASK FORCE WITHIN THE CRIMINAL DIVISION 20000118

18-Nov-03

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THE OFFICE OF INVESTIGATIVE AGENCY POLICIES (OIAP) BRIEFING ABOUT THE PROPOSED JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEMS (JPATS) 19950313 ' LETTER FROM LOUIS J. FREEH TO JANET RENO RE: REMOVAL OF ALIEN TERRORISTS 19950324

EXS005

0261 -0263

MEMO FROM JO ANN HARRIS TO THE AG SUBJECT: DEPORTATION OF CRIMINAL ALIENS 19950424

EXS005

0264-0295

MEMO FROM DORIS MEISSNER TO THE AG SUBJECT: ADMINISTRATIVE DEPORTATION WITHOUT A HEARING BEFORE AN IMMIGRATION JUDGE 19950702

EXS005

0296 -0348

MEMO FROM STEPHEN R. COLGATE TO THE AG SUBJECT: REQUEST TO USE SUPER SURPLUS RESOURCES TO FUND THE REMOVAL OF ADDITIONAL ILLEGAL ALIENS IN 1995 19950505

EXS005

0349 -0351

MEMO FROM BETH A. WILKINSON TO THE AG SUBJECT: DEPORTATION OF ALIENS INVOLVED IN TERRORISM 19950720

EXS005

0352 -0355

LETTER FROM WILLIAM H. REHNQUIST TO JANET RENO DESIGNATING FIVE U.S. DISTRICT JUDGES TO COMPRISE THE UNITED STATES ALIEN TERRORIST REMOVAL COURT 19960906

EXS005

0356 -0357

MEMO FROM JOHN C. KEENEY TO THE AG SUBJECT: ALIEN TERRORIST REMOVAL COURT 19970326

EXS005

0358 -0366

A MEMO FROM DORIS MEISSNER TO THE AG SUBJECT: / PROPOSED RULE IMPLEMENTING TRANSITIONAL RULES FOR CRIMINAL ALIEN DETENTION 19970502

EXS005

0367 -0397

MEMO FROM DORIS MEISSNER TO THE AG RECOMMENDING THAT THE AG SIGN THE ATTACHED PROPOSED RULE REQUIRING ALIENS SUBJECT TO A FINAL ORDER OF REMOVAL TO SURRENDER TO THE INS FOR REMOVAL FROM THE U.S. 19970609

EXS005

0398 -0459

MEMO FROM DANIEL S. SEIKALY TO THE AG SUBJECT: UPDATE ON ALIEN TERRORIST REMOVAL

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0460 -0464

,

8-Nov-03

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COURT CANDID ATE SELECTION PROCESS 19971125

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MEMO FROM DANIEL S. SEIKALY TO THE AG SUBJECT: CURRENT STATUS OF ALIEN TERRORIST REMOVAL COURT CANDIDATE SELECTION PROCESS 19971218

EXS005

0465 -0467

MEMO FROM DORIS MEISSNER TO THE AG SUBJECT: OPERATION CRACKDOWN APPREHENSIONS 19941110

EXS005

0468 -0484

MEMO FROM ELIZABETH FINE TO THE AG SUBJECT: IMMIGRATION-RELATED AMENDMENTS IN THE CRIME BILL 19940408

EXS005

0485 -0488

DELEGATION OF RESPONSIBILITY TO THE ASSISTANT ATTORNEY GENERAL FOR THE OFFICE OF JUSTICE PROGRAMS FOR IMPLEMENTATION OF THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 19940930

EXS005

0489 -0520

MEMO FROM DORIS MEISSNER TO THE AG SUBJECT: REGULATION CHANGE TO THE VISA WAIVER PILOT PROGRAM (VWPP) REFERENCE TO ANDORRA, AUSTRIA, ITALY, MONACO, AND SAN MARINO 19941025

EXS005

0521 -0534

MEMO FROM DORIS MEISSNER TO THE AG SUBJECT: REPORT TO CONGRESS ON THE VISA WAIVER PILOT PROGRAM 19941130

EXS005

0535 -0558

MEMO FROM MICHAEL D. CRONIN TO EXECUTIVE SECRETARIAT SUBJECT: REPORT TO CONGRESS VISA WAIVER PILOT PROGRAM (DOJ EXEC SEC CONTROL NUMBER 950321 8591) 19951006

EXS005

0559 -0572

MEMO FROM CHRIS SALE TO VICKIE L. SLOAN SUBJECT: GAO FINAL REPORT: ILLEGAL ALIENS: DESPITE DATA LIMITATIONS, CURRENT METHODS PROVIDE BETTER POPULATION ESTIMATES (PEMD-93-25) 19931015

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0573 -0583

EXECUTIVE SECRETARIAT CONTROL DATA SHEET

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l8-Nov-03

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MEMO FROM INS COMMISSIONER TO THE AG SUBJECT: FINGERPRINT COST REDUCTION PROPOSAL 19940325

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0587 -0591

MEMO FROM DORIS MEISSNER TO THE AG SUBJECT: FINAL RULE IMPLEMENTING THE IMMIGRATION EMERGENCY FUND (INS # 1449) 19940520

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MEMO TO THE ATTORNEY GENERAL FROM DORIS MEISSNER SUBMITTING A PROPOSED AG ORDER SETTING FORTH RELEASE PROCEDURES FOR LAWFULLY ADMITTED ALIENS CONVICTED OF AGGRAVATED FELONIES 19960502

EXS006

0001 -0012

LETTER FROM SETH WAXMAN TO THE ATTORNEY GENERAL ATTACHING A PROPOSED LETTER TO THE DIRECTOR OF THE FBI CONCERNING REMOVING ALIEN TERRORIST WHO ARE NOT LEGALLY IN THE COUNTRY 19950224

EXS006

0013 -0021

LETTER FROM LOUIS FREEH TO THE ATTORNEY GENERAL REGARDING THE DEPORTATION OF ALIENS INVOLVED IN TERRORISM 19950324

EXS006

0022 -0024

MEMO FOR THE ATTORNEY GENERAL FROM BETH WILKINSON RESPONDING TO THE REQUEST FOR INFO CONCERNING FBI/INS PROGRAM TO DEPORT ALIENS INVOLVED IN TERRORISM 19950720

EXS006

0025 -0028

MEMO TO THE ATTORNEY GENERAL FROM DANIEL SEIKALY RESPONDING TO REQUEST FOR AN UPDATE ON ALIEN TERRORIST REMOVAL COURT CANDIDATE SELECTION PROCESS 19971125

EXS006

0029 -0033

MEMO TO THE ATTORNEY GENERAL FROM DANIEL SEIKALY RESPONDING TO INQUIRY REGARDING THE CURRENT STATUS OF THE ALIEN TERRORIST REMOVAL COURT CANDIDATE SELECTION PROCESS 19971218

EXS006

0034 -0036

MEMO FOR THE ATTORNEY GENERAL FROM DORIS MEISSNER REGARDING THE AFTER ACTION REPORT FOR THE OPERATION CRACKDOWN INS CRIMINAL ALIEN APPREHENSION AND REMOVAL INITIATIVE 19941110

EXS006

0037 -0053

LETTER TO THE CHAIRMAN AND RANKING MINORITY MEMBER OF THE HOUSE AND SENATE JUDICIARY COMMITTEE, SUBCOMMITTEE ON IMMIGRATION, TRANSMITTING INS THIRD REPORT TO CONGRESS ON DETENTION AND RELEASE OF CRIMINAL AND OTHER

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0054 -0089

18-Nov-03

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ALIENS 19980507 EXS006

0090 -0092

MEMO TO THE ATTORNEY GENERAL FROM DORIS EXS006 MEISSNER AD VISING OF A RECENTLY ESTABLISHED INS POLICY REGARDING FINGERPRINTING ALIENS WHICH MAY ADVERSELY AFFECT ANOTHER COMPONENT OF DOJ 19940325

0093 -0097

MEMO TO THE ATTORNEY GENERAL FROM DORIS MEISSNER SUBMITTING A FINAL RULE IMPLEMENTING THE IMMIGRATION EMERGENCY FUND 19940520

EXS006

0098 -0121

MEMO TO THE ATTORNEY GENERAL FROM LAURIE A ROBINSON SUPPLEMENTING PREVIOUSLY SUBMITTED ' INFO REGARDING ALIENS IN THE CRIMINAL JUSTICE SYSTEM 19940810

EXS006

0122-0133

MEMO TO THE ATTORNEY GENERAL FROM ELIZABETH |> FINE PROVIDING INFO ON IMMIGRATION RELATED AMENDMENTS/PROVISIONS IN THE SENATE CRIME BILL 19940408

EXS006

0134-0137

EXS006

0138 -0192

LETTER TO THE ATTORNEY GENERAL FROM ELEANOR G| CHELIMSKY COPIES OF GAO DRAFT REPORT 1 ENTITLED ILLEGAL ALIENS 19930323

EXS006

0193 -0321

\\y MEMO TO THE ATTORNEY GENERAL FROM MARY ANN V\H RECOMMENDING THAT THE AG APPROVE AND ^•fc SIGN THE ATTACHED PROPOSED FINAL RULE FOR IMPLEMENTATION OF PERMANENT PROCEDURES FOR

EXS006

0322-0418

fr ( rt

V

0

1

CONTROL DATA SHEETS FOR MEMO FROM CHRIS SALE TO ASG ATTACHING A PROPOSAL REGARDING THE NATIONAL CRIMINAL ALIEN TRACKING CENTER 19930924

MEMO TO THE ATTORNEY GENERAL FROM DORIS MEISSNER RECOMMENDING TO APPROVE THE ATTACHED PROPOSED RULE IMPLEMENTING PROCEDURES FOR THE DETENTION AND RELEASE OF CRIMINAL ALIENS BY THE INS AND CUSTODY REDETERMINATIONS BY EOIR 19980224

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CUSTODY REVIEWS OF POST ORDER DETAINEES 20001204 MEMO TO THE ATTORNEY GENERAL FROM DORIS MEISSNER RECOMMENDING TO APPROVE AND SIGN THE ATTACHED PROPOSED REGULATION FOR IMPLEMENTATION OF PERMANENT PROCEDURES FOR CUSTODY REVIEWS OF POST-ORDER DETAINEES 20000419

18-Nov-03

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EXS006

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D. C. 20530

December 9, 2003

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 276 pages of documents that were provided by the Department's Executive Secretariat and the Office of the Deputy Attorney General in response to this request. We have imaged these documents on CD 55, which will be produced when we are advised by your technical staff of the Commission's format preferences. We have 77 pages that were provided by the Executive Secretariat, in which the Department has significant confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

I t.

William E. Moschella Assistant Attorney General

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D. C. 20530

December 5, 2003

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 1540 pages of documents that were provided by the Department's Executive Secretariat and the Criminal Division in response to this request. We have imaged these documents on CD 53, which will be produced when we are advised by your technical staff of the Commission's format preferences. We have 43 pages that were provided by the Executive Secretariat, in which the Department has significant confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, B.C. 20530

November 10, 2003 Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 1206 pages that were provided by the Office of the Attorney General, the Criminal Division, and the Department's Executive Secretariat in response to this request. We have imaged these documents on CD 41, which we will produce when we are advised by your technical staff of the Commission's format preferences. We also have 71 pages provided by the Executive Secretariat in which the Department has substantial confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, B.C. 20530

December 2, 2003 Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 1221 pages of documents that were provided by the Department's Executive Secretariat and the Criminal Division in response to this request. We have imaged these documents on CD 51, which will be produced when we are advised by your technical staff of the Commission's format preferences. We have 91 pages that were provided by the Executive Secretariat, in which the Department has significant confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

November 26, 2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 3 Supplemental #2-q; Documents responsive to Document Request 3 Supplemental #3-e - 4 Packets; Documents responsive to Document Request 13-14; Documents in response to Miscellaneous Request #12(Listing of Victims -Flight 93, Pentagon & New York) - 3 Packets; Digitized Copies of Documents in response to Miscellaneous Request #12 above.

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D.C. 20530

November 20,2003

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 166 pages of classified documents that were provided by the Office of the Deputy Attorney General and the Department's Executive Secretariat in response to this request. Some of these documents also may be responsive to the Commission's Document Request No. 2 to the Department. We are providing them with the understanding that they will be stored and handled in accordance with established requirements relating to their classification. We have 447 pages that were provided by the Office of the Deputy Attorney General, the Department's Executive Secretariat, and other Department offices in response to this request, including 42 pages of classified material. The Department has significant confidentiality interests in these materials because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

November 20, 2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following:

• •

Documents responsive to Document Request 3 Supplemental #2-q -4 Packets; Documents responsive to Document Request 5-9a; Documents responsive to Document Request 13-7; Documents responsive to Document Request 13-8; Documents responsive to Document Request 13-13; Documents responsive to Document Request 13-16 & 17-2 Packets.

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

M y .— U.S. Department of Justice ft JW @yQ f£ fy Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D. C. 20530

f f Ix^Lc^*^

January 6, 2004

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 9 pages that were provided by the Office of the Attorney General in response to this request, which we previously provided to your staff before they had been formally processed. These versions bear the Bates numbering stamps, consistent with our usual production practice, and they have been imaged on CD 59, which will be produced when we are advised by your technical staff of the Commission's format preferences. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

^ttornerj uB. (S. 2D530

. ?_

T«brvary 28> 2003

Honorable Thomas J. Ridge Secretary U.S. Department of Homeland Security 3801 Nebraska Avenue, NW Washington, DC 20528

£b 5"f*

Dear Secretary Ridge: Pursuant to the Homeland Security Act of 2002, Public Law No. 107-297, as amended, and the President's Department of Homeland Security Reorganization Plan of November 25,2002, March 1 of this year marks the formal transfer of immigration enforcement and citizenship and benefits processing responsibilities from the Immigration and Naturalization Service (INS) to the Department of •Homeland Security. I know that staff from the Department of Justice and the Department of Homeland Security have been working assiduously to effectuate a smooth transition, and I thank you for the attention that you have given to these matters. I write today to call your attention to the major policy and regulatory initiatives currently being implemented by the Immigration and Naturalization Service, under the capable leadership of Acting Commissioner Michael Garcia, hi my judgment, these programs and initiatives are critical to the protection of America's security and the safety of her people and thus warrant attention to ensure their successful implementation, hi addition, this letter describes regulations that either have been under review at the Office of Management and Budget (OMB) or are in the process of being finalized. I urge you to move forward with these regulatory reforms, all of which are critical to securing our borders and restoring the rule of law in the immigration arenaRecent Initiatives in Implementation 1. National Security Bn1ry~Exit Registration System fNSEERSX The Department of Justice has implemented a coordinated registration system for certain nonimmigrant aliens in response to vulnerabilities in our immigration hews that were exploited by the September 11 terrorists, hi August, 2002,1 published the final rule to implement the NSEERS program, which is the critical first step in developing the comprehensive entry-exit system required by Congress in 2005. NSEBRS became operational at all ports of entry on October 1,2002. Arriving aliens subject to "special registration" under NSEERS are subject to three basic requirements: (1) at the port of entry, they must be fingerprinted and photographed and must provide detailed information about their personal history and

OAGO19-0001

Honorable Thomas). Ridge Secretary U.S. Department of Homeland Security the purpose of their visit to the United Stales, (2) those who stay more than 30 days must appear in person before an immigration officer 30-40 days after their arrival to verity their personal information, and annually thereafter while they remain in the United States, and (3) they must confirm their departures with immigration officers when they leave the United States. Additionally, certain noairrnnigrant aliens already present in 1he United States have been required to register in person in response to a series of public notices. NSEBRS has already yielded impressive success-eight suspected terrorists have been apprehended, 525 criminals, prior deportees, and other law enforcement threats have been stopped at the ports of entry, and 42 serious felons have been detained in the domestic enrollment phase of the program. The enforcement phase of NSBERS began in January 2003, with violators being apprehended and placed in removal proceedings. 1 believe that it is important to send a message that immigration authorities intend to enforce NSEERS requirements vigorously, and I encourage you to continue this approach. 2. Absconders. The Department has coordinated we efforts of the INS and federal law enforcement agencies to identify and locate aliens who have absconded after receiving final orders of deportation or removal. To ja**, the names and identifiers of 4,831 of absconders have been entered. into the National Crime Information Index (NC1Q to faciliaie their apprehension and final deportation. Thus tar, 2,783 absconders have been apprehended. However, more needs to be done to make this initiative effective. The INS has been entering new names into NCIC at an unacceptabry slow rate. Indeed, the number of absconders has been increasing faster than names arc being entered into NCIC. To assist you as you address this issue in the months ahead, I will direct the NCJC's Advisory Policy Board to facilitate the entry of more absconders into NCIC. 3. Student and Exchange Visitor Information System fSEVIS). The INS recently implemented the SEVIS program to gather mfonnatioji from schools and exchange programs regarding the aliens who come to the United States as students and exchange visitors. This system will provide current information on all students and exchange visitors to monitor their compliance with the terms of their visas. The INS has also implemented a requirement for certification of schools prior to their enrollment in SEVIS. However, a new SEVIS fee rule, which will generate the funds necessary for the enforcement of the SEVIS rules, has not yet been approved by the Office of Management and Budget, despite the Department's efforts, h is crucial mat adequate resources be obtained for proper enforcement of mis program. 4. Entry-Exit System. Efforts are continuing to implement the Congressional mandate for an effective entry-each documentation system at our borders by 2005. As noted above, the Department of Justice began by developing the National Security Entry-Exit Registration System (NSEERS), which has registered over 82,000 aliens thus far. The entry and exit processing of NSEBRS will eventually be -2-

OAG019-0002

Honorable Thomas J. Ridge Secretary U.S. Department of Homeland Security folded into the comprehensive entry-exit system when it is deployed. Tie other "special registrationprocedures of NSEERS should be left in place for those aliens who pose elevate security risks. The implementation of the comprehensive entry exit system has been proceeding, with initial testing at pilot sites to occur in the near future. As you know, the Department of Justice has stressed that the comprehensive entry-exit system must be configured robustly, with fingerprint biometrics required of ail aliens and with biometric confirmation of identity at departure. 2. IDENT/IAFIS Integration and Deployment. Great progress has been made toward the full integration of INS'S IDENT fingerprint database and the FBI's IAFIS fingerprint database, with more than 100,000 files of alien criminals added to the IDENT database. The use of this consolidated database of convicted criminals, wanted felons, and immigration law violators by the Border Patrol, and at secondary inspections, has led to the arrest of more than 4,500 aliens wanted for a variety of offenses, including homicide, rape, and drug crimes, since January 1,2002. This integration process is not yet finished; it requires an end-to-cnd business approach and the FBI and the INS have been developing interoperability with that goal in mind. In addition, the use of emerging technologies (such as "slap ten" fingerprint extraction) is being evaluated. We look forward to working with you on this project in the future. Regulatory Actions The Department of Justice has drafted regulatory reforms affecting the immigration and naturalization responsibilities now being transferred to the Department of Homeland Security- I urge y°u to complete these reforms as quickly as possible. Several are critical to the security of the American homeland-especially the B visa rule. Department of Justice personnel will be ready and willing to assist you in moving these regulations forward. A. gyles That Are Ready for Final Pufrfif Sitjvn 1. The B Visa. Eighteen of the nineteen hijackers of September 11,2001, used B visas to enter the country. For yean, the B visa has been an extremely permissive vehicle that aliens have been able to exploit in gaining admission to the United States. The greatest problem with it is that B visitors are given a default admission period of six months, even if their purported plans in the United States only require a single month. This draft rule would ensure that nonimmigrant visitors for business (B-l) or for pleasure (B-2) would be admitted only for the period of time needed for the completion of their visit, from a 30day minimum up to a maximum period of six months. It would also allow those aliens who require a longer period of stay to seek an extension without restriction, as long as they continue to satisfy the requirements for B nonimmigrant status. Although the great majority of B visitors depart after a relatively -3-

OAOO19-0003

Honorable Thomas J. Ridge Secretary U.S. Department of Homeland Security short stay, the rule takes account of a variety of circumstances -where a B nonimmigrant might need a longer period of admission to complete the purpose of their visit The Department of Justice views this regulatory change as crucial in making our immigration rules less susceptible to abuse by terrorists. 2. Asvlum Procedures. The Department of Justice has developed a role to clarify the procedural aspects and definitions for the adjudication of applications for asylum and •withholding of removal. This rule would implement, in part, a set of proposals published by fonner Attorney General Reno in 2000, although the role would reserve for future consideration other aspects of those proposed rules, including the definition of "particular social group." The Department of Justice will work with the Department of Homeland Security jointly to finalize this rule. 3. Electronic Signature. This rule allowing for the electronic submission and verification of applications and petitions will serve as the foundation for an overhaul of the customer service aspects of the immigration' adjudicatory process. This reform is important in making the transition to internetbased application procedures. 4. SHVIS Fee Rule. As discussed above, the Department of Justice has sought OMB approval for die implementation of the fee authorized by Congress to fund the necessary efforts to implement the SEVIS program and to ensure the accuracy and integrity of the information collected. This role will ensure that SEVIS implementation and enforcement efforts are adequately funded. B. Other Regulatory Reforms that are Nearine Complefa'on. The Department of Justice has also been working to draft and coordinate the development of many other immigration-related initiatives to improve the effectiveness of the enforcement process and the timeliness of the delivery of immigration services. These are among the most important initiatives: 1. Surrender Rulg. Last spring, the Department of Justice published a proposed rule to ensure that all aliens who are in pending removal proceedings are aware of their legal obligation to surrender for removal if and when they become subject to a final order of removal. For too long, large numbers of aliens have reached the end of the administrative bearing process only to abscond when they are finally ordered removed, and then to wait in hiding until lome other immigration opportunity might arise in the future. Under this rule, an alien who fails to surrender as required, after having received clear notice of the obligation to surrender, would be barred from obtaining discretionary relief from removal for the remainder of the time they remain present in the United States and for a period of 10 years thereafter. We recommend that the Department of Homeland Security add to the final rule a provision giving timely notice to bond companies of such surrender obligations. This role raises important issues

OAGO19-0004

Honorable Thomas J. Ridge Secretary U.S. Department of Homeland Security relating to the integrity of the removal process, and the Department of Justice •will be pleased to work closely with the Department of Homeland Security to finalize this rule in the near future. 2. 'Notification of Change of Address, The Department of Justice has also published a proposed rule to ensure that all aliens who filed applications for immigration benefits are aware of their statutory obligation to provide a current address at all times, and to make clear that the government will be able to contact the alien by mail at the most recent address provided by the alien for all purposes under the immigration laws, including the service of papers seeking the removal of the alien should that ever prove to be necessary. This rule is intended to avoid the kind of conduct exemplified by the alien in Matter ofG-Y-R-, 23 I&N Dec. 181 (BIA 2001), where an alien had filed an application for asylum but failed to provide any updated address for a period of four years, and could not be located when the government later tried to initiate proceedings for removal. The Department of Justice will be pleased to work with the Department of Homeland Security to finalize this rule in the near future. 3. Duration of Status of Certain Nonimmijmmts. Under present standards, most nonimmigrant aliens are admitted for a fixed period of admission, depending on the purpose of their stay, but foreign students and exchange visitors and certain other aliens are admitted to the United States for "duration of status" rather than for a fixed period. Although this flexible approach takes account of the particular needs of these nonimmigrant aliens, it also raises concerns relating to the relatively open-ended period of admission in certain contexts. The Department of Justice has developed a rule to provide for a fixed initial period of admission to certain nonimmigrant student and exchange visitors, in response to those concerns. Aliens admitted for a fixed period of admission - with the availability of extensions of stay as needed for eligible aliens - would then bo governed by the same kind of procedures relating to determining the period of stay that apply for all other categories of nonimmigrants. The Office of Homeland Security has expressed support for pursuing this regulatory change. The Department of Justice is committed to this reform aad stands ready to assist you. 4. Abandonment of Lawful Permanent Resident Status. Under established principles, an alien can be found to have abandoned lawful permanent resident status by remaining outside the United States for an extended period of time or by other actions that evince an intent to sever the alien's status. However, the current regulations provide for the adjudication of issues relating to abandonment only at the time such en alien seeks to re-enter the country. Accordingly, the Department of Justice has worked to develop a procedure to determine the status of an alien who has long remained outside the United States or who baa otherwise violated his or het status, without having to wait until the alien returns to the United States. The Department of Justice will be pleased to work with the Department of Homeland Security to finalize this rule in the near future. .

-5-

OAGO19-0005

Honorable Thomas J. Ridge Secretary U.S. Department of Homeland Security 5. Transit Without Visa Program. The Department of Justice has worked to develop for final clearance several regulatory actions to deter abuse of the transit without visa (TWOV) program. Although this program provides a great benefit to international travelers and to the United States, it is also subject to abuse by aliens who would take advantage of it to bypass the normal visa scrutiny process so that they CM enter the United Stales md remain illegally. The Department of Justice has worked in close coordination with the Department of State on this issue. This rule change is ready for ruialization, and I encourage you to do so at the earliest possible date. 6. "Mail Order Brides." The Department of Justice has developed a rule to implement a statutory provision requiring international matchmaking organizations to provide, to all persons being solicited by the organization as mail order brides, a full set of information relating to the immigration laws and other laws to protect such persons from abuse. The Department of Justice is willing to assist the Department of Homeland Security as it proceeds to implement this statutory provision. 7. LIFE Family Unity. The Department of Justice has developed regulations to implement die family unity protections for qualifying relatives who have been granted legalized status under tbe provisions of the LIFE Legalization program. This program was enacted by Congress to resolve some of the lingering issues arising from the legalization process administered is the late 1980s. Tbe Department of Justice is willing to assist the. Department of Homeland Security on this matter. New and Continuing Initiatives under Development 1. Bond Reform. The Department of Justice has developed and presented to Acting Commissioner Garcia a proposal to reform the current immigration bond process. The bond reform would provide incentives for illegal aliens to appear for removal and would deter those who seek to violate the immigration laws. It would also reduce the manpower needed for enforcement of bond contracts and locating aliens who fail to surrender. Included in the proposal is a suggestion to commit, in the short term, more resources to detention space. Also included is a. suggestion that a greater number of aliens be detained upon the entry of a final removal order, consistent with the observations of the Office of the Inspector General (OJO) in a recent report Finally, the bond reform would improve the way in which surety companies do business to make them more accountable to the INS, including giving bond companies the option of mitigating bond breaches by producing absconding aliens and recovering a portion of the bond amount I urge you to move forward with these reforms in an expeditions manner. Until these issues are resolved, the abgconder problem will continue to grow. 2. Information System Integration. The Department of Justice has added over 6.5 million records to the State Department's CLASS system to permit better review of visa applications by

OAGO19-0006

Honorable Thomas J. Ridge Secretary U.S. Department of Homeland Security consular officers. As note above, the IDENT and 1AF1S systems are in the process of being more closely integrated. Such efforts need to continue, so that die sharing of data and the transfer of important national security information can occur rapidly and seamlessly. 3, Section 306 Implementation. Section 306 of the Enhanced Border Security Act (EBSA) of 2002 (Pub. L. 1 07-1 73, May 1 4, 2002) states: [N]o nonimmigrant visa . . shall be issued to any alien from a country that is a state sponsor of international terrorism unless the Secretary of State determines, in consultation with the Attorney General and the heads of other appropriate United States agencies, that such alien does not pose a threat to the safety or national security of the United States. In making a determination under this subsection, the Secretary of State shall apply standards developed by the Secretary of State, in consultation with the Attorney General and the heads of other appropriate United States agencies, that are applicable to the nationals of such states. The Department of State (DOS) and the Department of Justice have had conflicting views about whether the new law imposes new requirements on visa processing. The Department of Justice believes that Section 306 is not yet being implemented in lull compliance with Congress's intent Thousands of aliens from the relevant countries have been issued visas since the Act was passed We look forward to working with you on this matter in the months ahead. 4. Alabama MOA Un,dq"fig'rti'OT287f g>. In 2002, the State of Florida signed a memorandum of agreement (MOA) under Section 287(g) of the Immigration and Nationality Act This MOA provided for the special training of 35 Florida police officers in immigration law enforcement. Those 35 officers have assisted the INS in enforcing immigration laws in Florida, with notable success. Recently, the State of Alabama has asked the Department of Justice to conclude a' Section 287(g) MOA, which would provide similar training and authority to its law enforcement officers. The Department of Justice has entered into discussions with Alabama on the subject, and we encourage the Department of Homeland Security to reach a final agreement with Alabama and sign this MOA. 5. Entering TIPOFF Data into NCTC and Denying ftfmmmg to TIPOFF Subiectp, On April 1 1 , 2002, 1 directed Department components to include terrorist information from the Department of State's TIPOFF system in the FBI's National Crime Information Center (NCIQ. Although the TIPOFF system has proven quite effective in denying most of these known or suspected terrorists admission, for a variety of reasons, some of them may have escaped detection and entered the United States. Regardless of the means of entry, there are reasonable grounds to believe that such an alien is engaged in or is likely to engage in terrorist activity, which is a basis for inadmissibility under 8 U.S.C. §

OAGO19-0007

Honorable Tbomas J. Ridge Secretary U.S. Department of Homeland Security 1182(aX3)(BXi)(II). Therefore, I urge the Department of Homeland Security to continue the Department of Justice's efforts to remove 1TPOFF subjects from die United States and to deny admission to all TIPOFF subjects in the firture, except in cases-where an individual's admission facilitates a law enforcement operation. Continuing Role of the Immigration Judges and the Board of Immigration Appeals As the Department of Justice prepares for the transfer of immigration enforcement and benefits functions to the Department of Homeland Security, we note the important and continuing role that the immigration judges and the Board of Immigration Appeals play in the removal process. Congress has provided that the Executive Office for Immigration Review, comprising the immigration judges and the Board as well as administrative law judges hearing certain civil penalty cases, will remain in the Department of Justice under the direction of the Attorney General. This division of responsibility for the removal of aliens, while enhancing the independence of the adjudicatory function from the immigration enforcement function, -will present many legal and practical challenges for both Departments. Indeed, many of the initiatives discussed above - relating to asylum, surrender, changes of address, and abandonment of permanent resident status, among others - have ait integral impact with respect to removal proceedings and will need to be closely coordinated between the Departments in order to ensure their proper implementation. The immigration judges have independent jurisdiction over asylum, adjustment of status, and many other forms of relief from removal. The Department of Justice will be working actively in the weeks and months ahead to develop further improvements in the process of hearings and appeals in cases conducted before the immigration judges. As with the reforms to the Board's review procedures that were implemented last year, the goal will be ensure a fair procedure for the adjudication of all immigration-rdated matters while avoiding opportunities for abuse or unnecessary delays. I look forward to working with you to face the challenges ahead as we continue to build a more effective and efficient immigration system. The Department of Justice stands ready to assist you in any way that we can. Sincerely,

John Ashcroft

OAGO19-0008

Honorable Thomas I. Ridge Secretary U.S. .Department of Homeland Security cc:

AsaHwcbinson Department of Homeland Security Michael Garcia Department of Homeland Security Steve Abbott Homeland Security Advisor White House

OAGO19-0009

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D.C. 20530

January 14, 2004

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 49 pages that were provided by the Department's Executive Secretariat in response to this request, which have been imaged on CD 60, which will be produced when we are advised by your technical staff of the Commission's format preferences. We also have 40 pages that were provided by the Executive Secretariat, in which the Department has significant confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D.C. 20530

March 5,2004

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This supplements our prior responses to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. Enclosed are 431 pages of documents that were provided by the Department's Civil Division in response to Item 8 of this Request. They will be imaged on CD 70, which will be produced when we are informed of the Commission's format preferences. We have an additional 20 pages that were provided by the Civil Division, in which the Department has significant confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these pages available for review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

January 8, 2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: 3 floppy disks responsive to Document Request 20-2a and 20-2c. This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

v_

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D. C. 20530

\f\f\

February 13, 2004

Dan Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States 2100 K Street, NW, Suite 300 Washington, DC 20036 Dear Mr. Marcus: This supplements our prior responses to the Commission's Document Request No. 9 to the Department, which requested documents in 17 itemized categories. We have an additional 89 pages that were provided by the Office of the Deputy Attorney General in response to this Request, in which the Department has significant confidentiality interests because they are deliberative in character and contain advice and recommendations that would not usually be disclosed outside of the Executive Branch. We are prepared to make these documents available fore review by Commission staff at the Department pursuant to our confidentiality agreement regarding these types of materials. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

William E. Moschella Assistant Attorney General

i

o

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

January 8, 2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: hi response to the Commissions Request for Documents, please find the following: 3 floppy disks responsive to Document Request 20-2a and 20-2c. This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

DOJ DOCUMENT REQUEST NO. 16 Thomas II. Kean CHAIR

] ,ee 11. Hamilton VICE CHAIR

Richard Ben-Venistc Fred F. Fielding Jamie S. Gorelick Slade Gorton Bob Kerrey John Lehman Timothy J. Roemer

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the U.S. Department of Justice (DOJ or the "respondent") provide the Commission with copies of the following documents no later than June 3, 2004 (the "production date"): 1. Exhibits from U.S. v. Salameh. et al.. S5 93 CR 180, listed on the attached chart. 2. Exhibits from U.S. v. Ramzi Ahmed Yousef. et al.. S12 93 CR 180, listed on the attached chart. 3. Exhibits from U.S. v. Yousef, Murad & Shah. S12 93 CR 180 (KTD), listed on the attached chart. 4. Exhibits from U.S. v. Haouari. S4 00 CR 15 (JFK), listed on the attached chart.

James R. Thompson Philip D. Xelikow EXECUTIVE DIRECTOR

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. May 20, 2004

Daniel Marcus General Counsel

TF.L (202) 331-4060 FAX (202) 296-5545 http://www.9-l lcommission.gov

DOJ Document Request No. 16 Page 2

In U.S. v. Salameh, et al, S5 93 CR 180: Ex. No

Description

I.D.

In. Evid.

1. Escalera, Opal

587-A

Application for employment authorization

1 1/2/93 1942

11/2/93 1943

2. Escalera, Opal

587-B

Request for asylum in the United States

11/2/93 1942

11/2/93 1943

3. Escalera, Opal

587-C

Biography information

11/2/93 1942

11/2/93 1943

4. Escalera, Opal

587-E

4 documents pertaining to amnesty

1 1/2/93 1942

11/2/93 1943

5. Escalera, Opal

587-G

AJAJ affidavit dated January 29 1992

11/2/93 1942

11/2/93 1943

6. Durrani, M. Shafqat

604-A

PIA Airline ticket in the name of Azan Muhammad

11/8/93 2328

11/8/93 2330

7. Durrani, M. Shafqat

604-B

PIA Airline ticket in the name of Khurram Khan

11/8/93 2328

11/8/93 2330

8. Durrani, M. Shafqat

605-A

Computer printout for Khurram Khan and Azan Muhammad reservation

1 1/8/93 2328

11/8/93 2330

9. Estrada, Miladros

607

Customs declaration - PIA Airlines Flight 703 - Khurram Mohammad Khan dated September 1, 1992

11/8/93 2352

11/8/93 2352

1C Morales, Martha

611

Affidavit of Ramzi Yousef

11/15/93 2660

11/15/93 2660

11 Morales, Martha

614

Passport for Ramzi Yousef

11/15/93 2649

11/15/93 2650

12 Daniel, Salim

614-T

Translation of Ramzi Yousef Iraq passport

1/27/94 7329

1/27/94 7340

13 Thian, Tasha

615

Passport application - Abdul Rahman Yasin dated 6/2 1/92

11/16/93 2734

11/16/93 2735

14 Thian, Tasha

616

Statement of loss/theft of a passport dated June 22, 1992

11/16/93 2734

11/16/93 2735

15 Indobino, Joseph

620-A

Application for status as a temporary resident - Mohammad Salameh

11/16/93 2757

11/16/93 2759

It Indobino, Joseph

620-B

Application for temporary special

11/16/93

11/16/93

Witness

DOJ Document Request No. 16 Page3 Witness

Ex. No.

Description

ID.

In. Evid.

agricultural worker - Mohammad Salameh

2760

2761

17 Certified Public Document

627

Amended Judgment - U.S. v. Ahmad Mohammad Ajaj dated January 14, 1993

11/15/93 2680

11/15/93 2680

IE Certified Public Document

628

Order for return of property dated October 6, 1992

11/15/93 2680

11/15/93 2680

IS Certified Public Document

739-A

Certified copy of report of loss of passport of Abdul Basit

12/15/93 5497

12/15/93 5505

2C Certified Public Document

739-B

Certified copy of passport of Abdul Basit dated December 18, 1988

12/15/93 5497

12/15/93 5505

21 Certified Public Document

739-C

Certified copy of passport of Abdul Basit dated October 17, 1984

12/15/93 5497

12/15/93 5505

22 Certified Public Document

740

Certified copy of passport application of Abdul Basit

12/15/93 5497

12/15/93 5505

23 Iqbal, Arshad

743

Airline ticket coupon for Abdul Basit from N.Y. to Karachi

12/15/93 5518

12/15/93 5519

24 Syed,_Mtiaz

745

Airline ticket for Abdul Basit

12/15/93 5498

12/15/93 5499

25 Syed, _mtiaz

746

Reservation record for Abdul Basit of Pakam Travel Service

12/15/93 5498

12/15/93 5499

26 Iderman, Abdullah

749

Passenger manifest/security list

12/16/93 5548

12/16/93 5549

21 Salvosa, Lourdes

750

Application of Mahmud M. Abouhalima at Saudi Arabia Embassy for a visa

12/16/93 5564

12/16/93 5568

28 Zohny, Abdul

751-A

Itinerary dated March 1, 1993 for Mahmud Abouhalima

12/16/93 5532

12/16/93 5533

29 Desouza, John

754

Application for travel documents from Immigration and Naturalization Service for Mahmud Abouhalima

12/16/93 5588

12/16/93 5596

3C Weishaupt, Stephan F.

2601

Application for granting a residence permit of Mohmmed Salameh

12/15/93 5491

12/15/93 5492

31 Giorlando, Pauline

2603

Passport of Mohammed A. A.R. Salameh

12/14/93 5432

12/14/93 5433

32 Weishaupt, Stephan F.

2605

Mohammed Salameh New York State identification card

12/15/93 5487

12/15/93 5487

DOJ Document Request No. 16 Page 4 Ex. No.

Description

I.D.

In. Evid.

33 Weishaupt, Stephan F.

2606

Mohammed Salameh New York State driver's license

12/15/93 5487

12/15/93 5487

34 Weishaupt, Stephan F.

2613

Mohammed Amin Salameh social security card; 50(zi airmail stamp; Statewide Bank card; Natwest Bank card

12/15/93 5487

12/15/93 5487

35 Kyle, James

2688

Social security card; Jersey City welfare card; calendar; and currency

1/10/94 6090

1/10/94 6090

36 Cozine, Mark

2794

Passport - Azam Mohammad - United Kingdom

11/9/93 2420

11/9/93 2420

31 Cozine, Mark

2795

Passport - Ayedh S. Alqahtani (Khabar) Saudi Arabia

11/9/93 2420

11/9/93 2420

35 Daniel, Salim

2796-T

Translation of passport of Ahmad M.A. Ajaj

1/27/94 7329

1/27/94 7340

35 Bethom, Susan

2797

Passport - Khurram Khan - Sweden

11/8/93 2371

11/8/93 2372

4C Cozine, Mark

2799-1

Packet containing several identification cards from ALLC and Texas identification card

11/9/93 2422

11/9/93 2422

41 Cozine, Mark

2799-3

Identification card - employment authorization

11/9/93 2422

11/9/93 2422

42 Cozine, Mark

2799-5

Handwritten questions and answers

11/9/93 2422

11/9/93 2422

43 Cozine, Mark

2799-6

Handwritten questions and answers

11/9/93 2422

11/9/93 2422

44 Daniel, Salim

2802-28-T

Translation of articles re: printing procedure, smuggling, demonstrations, etc.

1/27/94 7329

1/27/94 7340

45 Daniel, Salim

2802-30-T

Translation of article re: forgery methods

1/27/94 7329

1/27/94 7340

46 Morales, Martha

2849

Boarding pass for PIA flight 703 in the name of Mohammad Azan

11/15/93 2653

11/15/93 2656

Witness

DOJ Document Request No. 16 PageS In U.S. v. Ramzi Ahmed Yousef, et al, S12 93 CR 180: Witness

Ex. No.

Description

I.D.

In. Evid.

1.

Certified Public Document

3

Visa application

10/21/97 4559

10/21/97 4576

2.

Brewster, David

85-A

Driver's license (copy) issued April 1992 to Eyad M. Ismoil

8/13/97 803

8/13/97 804

3.

Brewster, David

85-B

Application for Texas driver's license for Eyad Ismoil

8/13/97 803

8/13/97 804

4.

Qablan, Fayez

87

Kingdom of Jordan passport of Eyad M. J. Ismail

10/14/97 4133

10/14/97 4134

5.

Kyle, James

90-1

9/18/97 2797

9/18/97 2798

6.

Kyle, James

90-2

9/18/97 2797

9/18/97 2798

7.

Morales, Martha

611

Salameh passport (Jordan); copy of passport; sheet with Xerox copy of 8 pieces of identification; Salameh driver's license; 4 Statewide checks and 2 Nat/West checks Photos; letters of reference; certificate of birth record for George Irizarry; driver's I.D. card for Salameh Affidavit of Ramzi Yousef

8/11/97 542

8/11/97 543

8.

Morales, Martha

614

Passport of Ramzi Yousef (Iraq)

8/11/97 534

8/11/97 535

9.

Thian, Tasha

615

Passport application - Abdul Rahman Yasin dated June 21, 1992

8/14/97 911

8/14/97 912

10.

Syed, Imtiaz

746

White index card with notes regarding reservation for PIA flight for Abdul Basit

9/16/97 25 83

9/16/97 2590

11.

Weishaupt, Stephan F.

2601

Application for granting of a residence permit of Mohammed Salameh

9/17/97 2755

9/17/97 2755

12.

Weishaupt, Stephan F.

2605

Mohammed Salameh New York State identification card

9117/97 2749

9117/97 2751

13.

Weishaupt, Stephan F.

2613

Salameh social security card

9/17/97 2749

9/17/97 2751

14.

Daniel, Salim

2784

Blue Book Introduction: Security in Islam

8/12/97 623

8/12/97 632

15.

Cozine, Mark

2796

Passport - Ahmad M.A. Ajaj - Jordan

8/11/97 464

8/11/97 466

16.

Cozine, Mark

2799

Packet containing 2 identification and 3 photographs

8/11/97 468

8/11/97 469

DOJ Document Request No. 16 Page 6 Witness

Ex. No.

Description

I.D.

In. Evid.

Cozine, Mark

2799-1

Packet containing several ALLC identification cards and 1 Texas Dept. of Public Safety ID card

8/11/97 468

8/11/97 469

18. Cozine, Mark

2799-3

Identification card - employment authorization

8/11/97 468

8/11/97 469

19. Cozine, Mark

2799-5

Page of handwritten questions and answers cheat sheet

8/11/97 468

8/11/97 469

20.

Cozine, Mark

2799-6

Page of handwritten questions and answers cheat sheet

8/11/97 468

8/11/97 469

21.

Daniel, Salim

280228T

Loose pages - printing procedure, smuggling, demonstrations, fire fighting, etc.

8/12/97 623

8/12/97 638

22. Stipulation

2802-30

Forgery methods

8/12/97 607

8/12/97 612

23.

Daniel, Salim

280230T

Forgery methods

8/12/97 623

8/12/97 638

24.

Morales, Martha

2849-1

ALLC photo identification card in the name of Khurram Khan with photograph of Ramzi Yousef

8/11/97 535

8/11/97 539

17.

DOJ Document Request No. 16 Page? In U.S. v. Yousef, Murad & Shah, S1293CR180(KTD): Witness

Ex. No.

Description

I.D.

In. Evid.

1.

N/A

408-T

Translation of Pakistani identification card (GX 408)

7/30/96 3163

7/30/96 3163

2.

Ferro, Albert

308

Resident permit (United Arab Emirates) for Abdul Hakim Murad

7/7/96 2327

7/17/96 2345

3.

Lee, Gregory

501

Passport from Republic of Pakistan of Ramzi Yousef in the name Mr. Ali

8/12/96 4055

8/12/96 4057

4.

Lee, Gregory

502

Yousef national identification card

5.

Monteagudo, Alex

407

Passport of Abdul Hakim Murad (Republic of Pakistan) expired 4/1/92

8/12/96 4055 7/30/96 3139

8/12/96 4057 7/30/96 3141

6.

Monteagudo, Alex

408

Identification card - Wali Khan Amin Shah dated 3/31/91

7/30/96 3142

7/30/96 3147

7.

Monteagudo, Alex

406

Full passport of Abdul Hakim Murad (Republic of Pakistan) expires 8/7/96

7/30/96 3139

7/30/96 3141

8.

Monteagudo, Alex

402

Passport of Wali Khan Amin Shah in the name of HahsenGrabi (Norway)

7/30/96 3139

7/30/96 3141

9.

Monteagudo, Alex

401

Passport of Wali Khan Amin ShahRepublic of Afghanistan

7/30/96 3139

7/30/96 3141

10. Monteagudo, Alex

404

Passport of Wali Khan Amin Shah (Republic of Pakistan)

7/30/96 3139

7/30/96 3141

11.

403

Passport of Farhan Aldusary - Kingdom of Saudi Arabia

7/30/96 3139

7/30/96 3141

12. Pellegrino, Francis J.

42

Passport of Wali Khan Amin Shah (Kingdom of Saudi Arabia) in the name Yaseen A.Y. Avishi

8/5/96 3515

8/5/96 3517

13. Riner, Jeffrey

535

Enlargement of chart showing passport entries and dates

8/9/96 3986

8/9/96 3988

Monteagudo, Alex

DOJ Document Request No. 16 PageS In U.S. v. Mokhtar Haouari, S4 00 CR 15 (JFK): Witness

I.D.

Ex. No.

Description

56

"Mario Roig" Canadian driver's license, seized from Ressam/car

6/28/01

2.

57

"Benni Noris" Canadian driver's Iciense, seized from Ressam/car

6/28/01

3.

58

Original (after fingerprinting) "Benni Noris" Canadian passport, seized from Ressam/car

6/28/01

4.

143-A & B

Enlargement of bar code of "Mario Roig" license with clear overlay of enlargement of bar code of "Maurizio Calabrese" license

7/6/01

5.

158

Copy of "Paul Haddad" Certificate of Canadian Citizenship, number 6525727

6/29/01

6.

162

"Eduardo Rocha" Social Security card, seized when Meskini was arrested on 12/30/99

7/2/01

7.

274

Copy of Canadian passport number VD872104 and Citizenship Certificate number 6501952, seized from Mohamed Cherif Mouai by INS on 12/9/98

7/6/01

275

Stipulation: seizure of Mohamed Cherif Mouai false ID (GX 274)

7/6/01

280

Stipulation: Office of Canadian Passport records re passports number TD387037 and VD872104, and Citizenship and Immigration Canada records re Certificates number 6416500, 6525727, and 6501952

7/6/01

9.

In. Evid.

Page 1 of 1 janne Accolla From: :

Steve Dunne Thursday, May 20, 2004 10:46 AM

To:

'[email protected]

Cc:

[email protected]; Dan Marcus; Team 5; Dianna Campagna

Subject: DOJ document request no. 16 Faith: Attached as a Word document is DOJ document request no. 16. Please call Susan Ginsburg at 202-401-1747 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

5/21/2004

U.S. Department of Justice Office of Legislative Affairs

Office of the Assistant Attorney General

Washington, D. C. 20530

jf

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June 7, 2004

Dan Marcus, General Counsel National Commission on Terrorist Attacks Against the United States 21 00 K Street, NW Washington, DC 20036 Dear Mr. Marcus: This responds to the Commission's Document Request No. 16 to the Department, which requested copies of the Exhibits that were used in four criminal cases prosecuted by the United States in the Southern District of New York. Enclosed are the Exhibits, which total 905 pages, that were provided by the United States Attorney's Office in the Southern District of New York in response to this Request. I hope that this information is helpful. Please do not hesitate to contact me if you would like additional assistance regarding this or any other matter. Sincerely,

.t William E. Moschella Assistant Attorney General