sd b2 dod 1 of 2 fdr- 7-9-03 schumer request for dod ig probe into dod obstruction of commission-...

8/14/2019 SD B2 DOD 1 of 2 Fdr- 7-9-03 Schumer Request for DOD IG Probe Into DOD Obstruction of Commission- 8-20-03 D

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INSPECTOR GENERALDEPARTMENT OF DEFENSE40 0 ARMY NAVY DRIVEARLINGTON, VIRGINIA22202-4704

A U 6 20 2 0 0 3he Honorable Charles SchumerUnited States SenateWashington, D.C. 20510-3203Dear Senator Schumer:

This is in further response to your letter of July 9,2003, requesting that theInspector General "conduct an official inquiry into the allegations made by the Chairmanand Vice Chairman of the National Commission on Terrorist Attacks Upon the UnitedStates that actions taken by the Department of Defense (DoD) seriously threaten theability of the Commission to carry out its investigation into the September 11 th tragedywithin the narrow time frame allotted to it by law."

We initiated liaison with senior officials from the National Commission and theOffice of the Under Secretary of Defense for Intelligence, the principal DoDpoint ofcontact for the National Commission. During the course of several discussions and theacquisition of numerous documents we learned that, after some initial difficulties inestablishing a methodology to address National Commission requests, the DoD hasresponded professionally and vigorously to satisfy all National Commission requirements.Discussions with the National Commission Deputy Executive Director and Deputy GeneralCounsel indicate that the National Commission experience with the DoD since July 8, hasimproved markedly; all of the requested documents have agreed timelines for delivery.Further, the Deputy Executive Director told us that the relationship with the DoD is "on theright track," and that an inquiry by the Inspector General is not necessary at this time.

We continue to receive status reports on National Commission document requestsand briefings from the Under Secretary of Defense for Intelligence and will monitor theissue to ensure that the DoDresponds quickly and efficiently to all National Commissionrequests.

Should you have any questions regarding this matter, please contact me at(703) 604-8324.Sincerely,

DirectorOffice of Communicationsana Congressional Liaison


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New York's SenatorCHARLES E. SCHUMER313 Hart Senate Off ice Building Washington, DC 20510Phone: (202)224-7433 Fax: (202)228-1218

FOR IMMEDIATE RELEASE CO NTACT: Phil SingerJuly 9, 2003 (202) 224-7433SCHUMER SEEKS PROBE INTO A LLEGATIONS OFADMINISTRATION STONEWALLING ON 9/11COMMISSION

Nenireport by bipartisan Com mission complains that Pentagon andJustice D epartment are throwing up roadblocks to 9/11 investigationSchumer urges Inspectors Gen eral to probe whether w itnesses arebeing intimidated, i f information is being provided on a timely basis

Amidst com plaints from the bipartisan com mission investigating the 9/11 attacks that theAdministration is not fully cooperating with the inquiry, US Senator Charles Schum er todaywill ask for an investigation into whether federal agencies are fully cooperating with theinquiry and urge the President to ensure that federal agencies are complying with thecom mission's requests. Schumer is introducing a Sense of the Senate this afternooncalling on the White House to redouble its efforts to ensure that federal agenciescooperate with the Commission. The Commission's final report is due in 11 months.According to the First Interim Report released yesterday by the bipartisan leadership of theCommission, both the DOJ and DOD have reportedly thrown up significant roadblocks tothe investigation. The DO J is long overdue in produc ing requested records and insists onhaving agency representatives present during the Commission's interviews of officials, amaneuver that may inhibit testimony by these officials. The DOD has not responded toseveral Com mission requests relating to NO RA D, the JCS and the DOD's historical office.Other agencies including the C IA and the Department of H omeland Security have also beenslow to produce docum entation about anti-terrorist resource managem ent and im migrationpractices before September 11th.TIME: 2:30PMDATE: TODAY - WEDNESDAY, July 9PLACE: Senate Radio & TV Gallery

The Capitol####


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\RLES . SCHUMER C OMM I T T E E S :NEW YORK

BANKINGJUDICIARYB r t t t f l & tn a t t

WASHINGTON, DC20510July 9, 2003

The Honorable George W. BushThe White House1600 Pennsylvania Avenue NWWashington, DC 20500Dear Mr. President,

I am concerned that recent allegations made by the Chairman and Vice Chairman of theNational Commission on Terrorist Attacks Upon the United States indicate that poor cooperationfrom federal agencies seriously threatens the Commission's ability to carry out its investigationinto the September 11th terror attacks within the narrow time frame allotted to it by law. Irespectfully request that the Administration redouble its efforts to work with the Commission.

"^

According to the First Interim Report released yesterday by the bipartisan leadership ofthe Commission, both the Department of Justice (DOJ) and the Department of Defense (DOD)have reportedly thrown up significant road blocks to the investigation. The DOJ is long overduein producing requested records and insists on having agency representatives present duringinterviews of serving officials, a maneuver that could inhibit these officials' testimony.

The DOD, meanwhile, has not responded to several Commission requests relating toNORAD, the JCS and the DOD's historical office, showing a disturbing disregard for theCommission's work. Other agencies including the Central Intelligence Agency (CIA) and theDepartment of Homeland Security (DHS) have also been slow to produce documentation aboutanti-terrorist resource management and immigration practices before September 11th.

As you are aware, the law creating the Commission gives it 18 months to complete itsinvestigation, meaning that fewer than 11 months remain. Given the massive amount of materialthe Commission must examine, this time limit gives investigators little margin for error or delay,hi addition, according to its legal mandate, the Commission has the authority to access allmaterial held by federal agencies relevant to the 9/11 attacks. The behavior of federal agencies,especially the DOJ and the DOD, could be perceived as a means to foreshorten the time theCommission has to complete its investigation while also impinging on its sweeping authority,maneuvers which can only adversely affect the quality of the investigation.

Charting the next phase in the War on Terror requires that we incorporate the lessonslearned from the national security failures that allowed the September 11th attacks to take place.For this reason, I know that you are committed to a complete investigation of the tragedy andwillencourage all federal agencies to cooperate fully with the Commission's requests.

Sincerely,

Charles SchumerU.S. Senator


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,-ARLES E. SCHUMER C OMM I T T E E S :MEW YORK

BANKINGJUDICIARYIBnitd tatts Senate

WASHINGTON, DC20510

July 9,2003Inspector General Glen FineDepartment of Justice950 Pennsylvania Ave, NWWashington DC 20530Dear Inspector General Fine,

I am writing to request that you conduct an official inquiry into the allegations made bythe Chairmanand Vice Chairman of the National Commission on Terrorist Attacks Upon theUnited States that actions taken by the Department of Justice (DOJ)seriously threaten the abih'tyof the Commission to carry out its investigation into the September 11th tragedy within thenarrow time frame allotted to it by law.

According to the First Interim Report released yesterday by the bipartisan leadership ofthe Commission, the DOJ is long overdue in producing requested records and insists onhavingagency representatives present during interviews of serving officials, a maneuver that couldinhibit these officials' testimony. I believe both actions show a disturbing disregard for the.importanceof the Commission's work.

As you may be aware, the law creating the Commission gives it 18 months to completeits investigation into the 9/11 attacks, meaning that less than 11 months remain. Given themassive ampunt of material the Commission must examine, this tune limit gives investigatorslittle margin for error or delay in compiling the report. The behavior of the DOJ could beperceived as a means to foreshorten the time the Commission has to complete its investigation.

In addition, according to the legal mandate of the Commission, investigators have theauthority to access all material held by federal agencies relevant to the 9/11 attacks. Given thissweeping authority, it is difficult to understand why the DOJ would delay the release of

* information to the Commission or require gatekeepers to be present during interviews.As our nation charts its next phase in the War on Terror, we must incorporate the lessons

learned from the national security failures that allowed the September 11*attacks to take place.Because the DOJ's tactics can only adversely affect the quality of the investigation and,consequently, the effectiveness of our response, I urge you to launch an immediate inquiry intoits lack of cooperation.

Sincerely,



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.lARLES t.SCHUMER C OMM I T T E E S :N E W Y O R K

BANKINGJUDICIARYt n a t x

WASHINGTON, DC20510

July 9, 2003The Honorable Joseph SchmitzDepartment of Defense1000 Defense, The PentagonWashington DC20301-1000Dear Inspector General Schmitz,

I amwriting to request that you conduct an official inquiry into the allegations made bythe Chairman and Vice Chairman of the National Commission on Terrorist Attacks Upon theUnited States that actions takenby the Departmentof Defense (DOD) seriously threaten theability of the Commission to carry out its investigation into the September 11th tragedy within thenarrow time frame allotted to it by law.

According to the First Interim Report released yesterday by the bipartisan leadership ofthe Commission, the DOD has thrownup significant road blocks to the full and quick resolutionof the investigation. Specifically, it has not responded to several Commission requests relating toNORAD, the JCS and the DOD's historical office, showing a disturbing disregard for theimportance of the Commission's work.

As you may be aware, the law creating the Commission gives it 18 months to completeits investigation into the 9/11 attacks, meaning that less than 11 months remain. Given themassive amount of material the Commission must examine, this time limit gives investigatorslittle margin for error or delay in compiling the report. The behavior of the DOD could beperceived as a means to foreshorten the time the Commission has to complete its investigation.

In addition, according to the legal mandate of the Commission, investigators have theauthority to access all material held by federal agencies relevant to the 9/11 attacks. Given thissweeping authority, it is difficult to understand why the DOD would delay the release ofinformation to the Commission or not even bother to respond to its inquiries.

As our nation charts its next phase in the War on Terror, we must incorporate the lessonslearned from the national security failures that allowed the September 11th attacks to take place.Because the DOD's tactics can only adversely affect the quality of the investigation and,consequently, the effectiveness of our response, I urge you to launch an immediate inquiry intoits apparent lack of cooperation.

Sincerely,


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