draft 9/11 commission document requests

8/14/2019 Draft 9/11 Commission Document Requests

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TO: Dan Marcus and Steve DunneFROM: Gordon LedermanCC: Kevin ScheidDATE: June 20, 2003RE: Document Requests to NSA, HPSCI, et al

As you know, earlier today I sent to you drafts of document requestsfor EOF and DCI. My cover memoranda negl ected to mention that thesedrafts supercede the drafts that I gave to you on June 12,2003.Also on June 12, I gave to you draft document requests for NSA, HPSCI,et al. I amrattaching those drafts to this memorandum for yourconvenience. Kevin and I look forward touyou comments.Thank you.


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D O C U M E N T R E Q U E S T No. 3

If any requested d o c u m e n t s are w i t h h e ld from produc t ion , even temporari ly, based onan alleged claim of privilege or for any other reason, th e Commission requests tha tth e r e sponden t ,as soon as possible and in no e v e n t la ter tha n th e product ion date ,identify and describe each such docum ent or class of do cuments, as w el l as thealleged basis for not producing it , wi th sufficient specificity to allow a meaningfulchal lenge to any such w i thho l d i ng .If the respondent does not ha ve possession, custody or control of any reques teddocuments but has information about w here such d ocumen ts may be located, theCommission requests th at the respondent provide such information as soon aspossible and in no event l a ter than th e product ion date.If the respondent has any quest ions or concerns about th e interpretat ion or scope ofthese docum ent requests, the Commission requests tharany such questions orconcerns be raised with the Commission as soon as possible so that any such issuesca n be addressed and resolved prior to the product ion date.

J une 11,2003 Danie l MarcusGeneral Counsel


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H. KeanC H A I R

Hamilton

Bcn-Veniste

FieldingGordick

GortonLehman

Roemcf-R. Thompson

D. ZelikowD I R E C T O R

DOCUMENT REQUEST No. 3DEPARTMENT OF DEFENSE

The National Commission on Terrorist Attacks Upon the United States (the"Commission") requests that the U.S. Department of Defense (DoD or the"respondent") provide the Commission with copies of the following documents nolater than June 24, 2003 (the "production date"):1. The intelligence annex to the Ballistic Missile Defense Commission report,

which Secretary Rumsfeld has referred to often regarding his views on theorganization, structure and effectiveness of the Intelligence Community.

2. Documents related to the establishment of the Undersecretary of Defense fo rIntelligence, particularly any documents relating to the Undersecretary'sauthorities with respect to the Director of Central Intelligence, oversight ofNational Foreign Intelligence programs, budget formulation responsibilities,financial execution responsibilities, and the establishment of intelligencepriorities within the Department.

3. Correspondencefrom the Secretary of Defense notifying Congress of hismtent to transfer, reprogram, or seek supplemental funds for -counterterrorism activities within the Department of Defense and theIntelligence Community from 1995 to 2003.

4. Correspondence (letters, email, memoranda) between any entity of theOffice of the Secretary ofDefenseand the DCI on the conduct andeffectiveness of counterterrorism intelligence collection and reporting,fu ture terrorist threats to the United States, overseas force protection fromterrorist threats and warning of terrorist attacks from 1995 to 2003.

5. Documents identifyingthe strategies, operations, and resources of theCombatant Commanders (in particular CENTCOM, PACOM,SOUTHCOM, EUCOM, SOCOM) dedicated to counterterrorism and forceprotection activities from 1995 to 2003.

6. Documents identifying the strategies, operations, and resources of the_military departments, particularly their intelligence components, dedicatedto counterterrorism and force protection activitiesfrom 1995 to 2003.7. Direction from th e Secretary of Defense to the NSA,DI A , NIMA, or NROrega rd ing counter terror ism activit ies and force protection, inc lud ing thecollection and analysis strategies on the terrorist threa t to the United States

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f r o m 1995 to 2003.8. Directions, taskings or guidance from the Secretary of Defense to theDefense HUMINT Service regarding its counterterrorism and f o rceprotection efforts from 1995 to 2003.9. Reports, audits, findings and recommendations of the Joint Staff regarding

the effectiveness of the Department's counterterrorism and force pro tec t ionactivities from 1995 to 2003.

The Co mm ission requests that the do cuments requested above be pro vided as soo n asthey are available, even though all requested documents may no t be provided at thesame time, through means of a "rolling" production.If an y requested documents ar e withheld from production, everr tempo rarily, based o nan alleged claim o f privilege or for any other reason, the Co mm ission requests thatthe respondent, as soon as possible and in no even t later than the production date,identify and describe eaeh such document or class o f do cuments, as well as thealleged basis for not producing it, with sufficient specificity to allow a meaningfulchallenge to any such withholding.If the respo ndent does not have possessio n, custody o r contro l o f any requesteddocuments but has informat ion about where such docum ents may be located, theCommission requests that the respon dent pro vide such inform atio n as s oon aspossible and in no event later than the pro ductio n date.If the respondent has any questions o r concerns about the interpretation o r scope o fthese do cum ent requests , the Co mm ission requests that any such questio ns o rconcerns be raised with the Commission as soon as possible so that any such issuescan be addressed and resolved prior to the production date.

June 10,2003 Daniel MarcusGeneral Counsel


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KeanC H A I R

H. Hamilton

Ben-VenisteOeiandF. FieldingS. GoreiickGortonLehman

J. RoemerR. Thompson

D. Zelikow" l V E DIRECTOR

SSCI DOCUMENT REQUEST No. 1The National Commission on Terrorist Attacks Upon the United States (the"Commission") requests that the Senate Select Committee on Intelligence (SSCI orthe "respondent") provide the Commission with copies of the following documentsno later than June 25, 2003 (the "production date"):1. The Classified Annex to the Senate's Intelligence Authorization Bill forfiscal year 1990 through 2003.2. The Classified Annex to the Conference Report of the Intelligence

Authorization-Act for fiscal year 1990 through 20~03.3. The Classified Schedule ofAuthorization of the Senate's IntelligenceAuthorization Bill for fiscal year 1990 through 2003.4. Classified Annexes to the Senate bills for supplemental appropriations for

the National Foreign Intelligence Program for counterterrorism activitiesfrom fiscal year 1990 through 2003.5. Letters of approval / disapproval to the DCI regarding reprogramming

requests, supplemental funding requests or requests for releases from theCIA reserve for contingencies regarding counterterrorism activities from1990 to 2003.

6. All reports of the SSCI's Technical Advisory Group (TAG) regardingcounterterrorism efforts of the Intelligence Community, the effectiveness ofhuman source collection, signals collection, covert action and theeffectiveness of Intelligence Community management.

7. Correspondence from 1990 to 2003 between the SSCI and the DCI,Secretary of Defense, Secretary ofState, Secretary of Treasury regardingthe Intelligence Community's counterterrorism efforts, including effortsagainst UBL, al Qa'ida, terrorist financing net-works and efforts withforeign partners to collect intelligence on terrorist targets. ,

8. A list - including date, specific subject, witnesses, and member participation- of all Committee hearings from 1995 through 2003. Please identify thosethat specifically focused on the Intelligence Community's counterterrorismefforts. Please provide access to the transcripts of these counterterrorismhearings.

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DOCUMENT REQUEST No. 32

9. Reports from staff and/or member investigations or audits f rom 1995 to2001 of the effectiveness of the Intelligence Co mm unity's counterterrorismefforts; the effectiveness of CIA's human source collection efforts; and theeffectiveness of NSA's signals intelligence efforts.10. Correspondence between the Majority Leader of the Senate and the DCI,

Secretary of Defense, Secretary of State from 1995 to 2003 regarding theconduct of the Administration's counterterrorism efforts and theeffectiveness of intelligence efforts.The Com mission requests that the documents requested abo ve be provided as soon asthey are available, even though all requested documents may not be provided at thesame time, through means of a "rolling" production.If any requested documents are withheld from production, even temporarily, based onan alleged claim of privilege or for any other reason, the Com mission requests thatthe 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 thealleged basis for not producing it , with sufficient specificity to allow a meaningfulchallenge to any such withholding.If the respondent does not have possession, custody or control of any requesteddocuments but has information about where such documents may be located, theComm ission requests that _ t h e respondent provide such information as soon aspossible and in no event later than the produ ction date.If the respondent has any questions or concerns about the interpretation or scope ofthese docum ent requests, the Com mission requests that an y such questions orconcerns be raised with the Commission as soon as possible so that any such issuescan be addressed an d resolved prior to the production date.

June 11,2003 Daniel MarcusGeneral Counsel


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C H A I R

H. HamiltonV I C E C H A I R

Ben-Venistex Cleland

F. FieldingGorelick

GortonLehman


D. ZclikowD I R E C T O R

J

HPSCI DOCUMENT REQUEST No. 1The National Commission on Terrorist Attacks Upon the United States (the"Commission") requests that the House Permanent Select Comm ittee on Intelligence(HPSCI or the "respondent") provide the Commission with copies of the followingdocuments no later than June 25, 2003 (the "production date"):1. The Classified Annex to the Conference Report of the Intelligence

Authorization Act for fiscal year 1990 through 2003.2. The ClassifiedjSchedule of Authorization to the Intelligence Authorization

Act for fiscal year 1990 through 2003.3. Letters of approval / disapproval to the DCI or Secretary of Derfense

regarding reprogramming requests, supplemental funding requests_orrequests for releases from the CIA reserve for contingencies regardingcounterterrorism activities from 1990 to 2003.

4. Correspondence from 1990 to 2003 between the HPSCI and the DCI,Secretary of Defense, Secretary of State, Secretary of Treasury regardingthe Intelligence Community's counterterrorism efforts, including effortsagainst UBL, al Qa'ida, terrorist financing networks, efforts with foreign partners to collect intelligence on terrorist targets.

5. A list - including date, specific subject, witnesses, and member participation- of all Committee hearings from 1995 through 2003. Please identify thosethat specifically focused on the Intelligence Community's counter-terrorismefforts. Please provide access to the transcripts of these counterterrorismhearings.

6. Reports from staff and member investigations or audits from 1995 to 2001into the effectiveness of the Intelligence Community's counterterrorismefforts; the effectiveness of CIA's human source collection efforts; theeffectiveness of NSA's signals intelligence efforts.

7. Correspondence between the Speaker of the House and the DCI, Secretaryof Defense, Secretary of State from 1995 to 2003 regarding the conduct ofth e Administration's counterterrorism efforts and the effectiveness ofintelligence efforts.The Commission requests that the documents requested, .above be provided as soon asIfiey areji vail able, even thoug h al l requested documents may not be provided at the

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same t ime, throug h means of a "ro l ling" product ion .If a ny requested documents a re wi thhe ld f rom produ ct ion , even tempora r i ly , based ona n alleged claim of privilege or for any other reason, th e Commission requests thatthe 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 thealleged basis for not producing it , wi t h sufficient specificity to allow a meaningfu lchal lenge to any such w ithholding.If th e respondent does not have possession, custody or control of any requesteddocuments but has information about where such documents m a y b e located, th eCommission requests that the respondent provide such information a s soon a spossible and in no event later than th e production date.

If the respondent has any questions or concerns about th e interpretation or scope ofthese document requests, th e Commission requests that a ny such questions orconcerns be raised wi th th e Commission a s soon a s possible so that a ny such issuescan be a ddressed and resolved pr ior to the prod uct ion date .

June 11 , 2003 Danie l MarcusGeneral Counsel


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H. KeanC H A I R

HamiltonC H A I R

Ben-VenisteClelandF. FieldingS. GorelickGorton

LehmanJ. RoenierThompson

D. ZclikowDIRECTOR

SAC DOCUMENT REQUEST No. 1The National Commission on Terrorist Attacks Upon the United States (the"Commission") requests that the Senate Appropriations Committee (SAC or the"respondent") provide the Commission with copies of the following documents nolater than June 25, 2003 (the "production date"):1. Classified Annex to the Senate Appropriations Bill regarding the National

Foreign Intelligence Program and intelligence related activities from 1990 to2003.

2. Classified Annexes to the Senate Supplemental Bills for the National Foreignintelligence Program for counter-terrorism activities from fiscal year 1990through 2003.3. Letters of approval / disapproval to the DCI regarding reprogramming

requests, supplemental funding requests or requests for releases from theCIA'reserve for contingencies regarding counterterrorism activities from1990 to 2003.

4. Correspondence between the Committee and the DCI, Secretary of Defense,Secretary of State, or Secretary of Treasury regarding counterterrorismactivities from 1990 to 2003.

The Commission requests that the documents requested above be provided as soon asthey are available, even though all requested documents may not be provided at thesame time, through means of a "rolling" production.If any requested documents are withheld from production, even temporarily, based onan alleged claim of privilege or for any other reason, the Commission requests thatthe respondent, as soon as possible and in no event later than the production date,identify and describe each such documentor class of documents, as well as thealleged basis for not producing it, with sufficient specificity to allow a meaningfulchallenge to any such withholding.If the respondent does not have possession, custody or control of any requesteddocuments but has information about where such documents may be located, th eCommission requests that th e respondent provide such information as soon aspossible and in no even t later than the product ion date .If the respondent has any questions or concerns about_the jn terpretation or scope ofthese doc&menrrequests, the Commission requests that any such ques t ions or

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concerns be raised w i t h t he Commiss ion as soon as poss ib le so t ha t an y such issuescan be addressed an d resolved prior to the produc t ion da te .

J u n e 11, 2003 Daniel MarcusGenera l Counse l


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H. KeinC H A I R

HamiltonC H A I R

Ben-VenisteClelandF . FieldingS. GorelickGononLehman


D. ZclikowD I R E C T O R

1

HAC DOCUMENT REQUEST No. 1The National Commission on Terrorist Attacks Upon the United States (the"Commission") requests that the House Appropriations Committee (HAC or the"respondent") provide the Commission with copies of the following documents nolater than June 25, 2003 (the "production date"):1. Classified Annexes to the House Appropriations bills regarding intelligence

and intelligence related activities from 1990 to 2003.2. Letters of approval / disapproval to the DCI on reprogramming requests,

supplemental funding requests ofrequests for releases from the CIA reservefor-contingencies regarding counter-terrorism activities from 1990 to 2003.

3. Classified Annex to the House Supplemental Appropriations bills for theDepartment of Defense or the National Foreign Intelligence Program forfiscal year 1990 through 2003.

4. Correspondence between the Committee and the DCI, Secretary of Defense,Secretary of State, or the Secretary of Treasury regarding the execution ofthe Administration^counter-terrorism policy or programs from 1990 to2003. ~

Th e Commissionrequests that the documents requested above be provided as soon asthey are available, even though all requested documents may not be provided at thesame time, through means of a "rolling" production.If any requested documents are withheld from production, even temporarily, based onan alleged claim of privilege or for any other reason, the Commission requests thatthe 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 thealleged basis for not producing it , with sufficient specificity to allow a meaningfulchallenge to any such withholding.If the respondent does no t have possession, custody or control of any requesteddocuments but has information about where such documents may be located, theCommission requests that the respondent provide such information as soon aspossible and in no event later than the production date.If the responde nt has any ques t ions or concerns abou t the interpretation or scope ofthese doc um ent requests , the Commission requests that any such quest ions orcorfcerns ,5e raised wi th the Commiss ion as soon as possible so that any such issues

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can b e addressed an d r eso lved p r io r to the p r o d u c t i o n d a te .

J u n e 11 , 2003 Danie l MarcusGenera l Counse l

*J