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9/11 Commission Letter to Department of Defense Complaining about Lack of Documents Produced

9/11 Commission Letter to Department of Defense Complaining about Lack of Documents Produced

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A letter sent by 9/11 Commission counsel Dan Marcus to the Department of Defense complaining about the lack of documents the DoD has sent the commission. The commission's first two document requests for the DoD are appended.
A letter sent by 9/11 Commission counsel Dan Marcus to the Department of Defense complaining about the lack of documents the DoD has sent the commission. The commission's first two document requests for the DoD are appended.

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Published by: 911DocumentArchive on Mar 04, 2009
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05/10/2014

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June
19,2003
Thomas
H.
Kean
CHAIR
Lee
H.
Hamilton
VICE CHAIR
Richard
Ben-Veniste
Max
Cletand
Frederick
F.
Fielding
Jamie
S.
Gorelick
Slade
Gorton
John
F.
Lehman
Timothy J.
Roemer
James
R.
Thompson
Philip
D.
Zetikow
EXECUTIVE
DIRECTOR
Ms. Pat Downs
Acting
Director, Intelligence Policy
Office
of
the
USD(I)
6000
Defense Pentagon, Room
3C281
Washington,
DC
20301-6000
Dear Pat:Thank you for taking on the task of facilitating the
Commission's
needs withinthe Department of Defense. We have made great
progresssince
you came onboard
in
terms
of
establishing
the
procedures
and
communications necessary
to
conduct
our
review.
At the
same
time,
I am
writing
to
express
our
concern withthecurrent
pace
of the document production.
As
you know, on May
12,2003,
the Commission submitted to the Department of
Defense
Document Request No. 1 (attached hereto), which asked the Department
to
provide
the
Commission with various categories
of
documents
by May
23,
2003.
In response to that request, the Commission has received two sets ofdocuments; the
first
on June 3,
2003,
and the second on June
13,2003.
(Also
attached are the
indexes accompanying each
set of
documents).
It is now
nearly
one
month past
the
production date, and,
as far as we can
discern,
at
least half
of
the
documents sought by DoD Document Request No. 1 are still outstanding.Similarly, on May 20,
2003,
the Commission submitted to the Department
Document
Request No. 2 (attached hereto), which asked the Department to
furnish
the
Commission with access
to the
documents
and
materials
of the
NavalHistorical Center by June 3,
2003.
Indeed, this request had been made informally
even
earlier. To date we have not received any response to this
request,
As
you areaware,theCommissionisoperating underastatutory deadlineand is
charged
with
the
responsibility
to
investigate
a
number
of
different
areas. While
we
understand the size of the Department and the various components these
documents
must pass through,
the
calendar simply does
not
allow
for
significant
further
delays.
If
there
is
something
we can do to
facilitate
the
process
ofproduction,
please
let us
know. Absent that,
I
look forward
to
hearing
from
you
where
we
stand with regard
to the
aforementioned requests.
Sincerely,
Marcus
General
Counsel
Cc:
Adam
Ciongoli
Chad Boudreaux
301
7'
1
'
Street
SW,
Room 5125Washington,
DC
20407
T
202.3.31.4060
F
202.296.5545
www.9-1
lcominission.gov
 
3
\ON
ON
>mas
H.
Kean
CHAIR
H.
Hamilton
VICE
CHAIR
hard
Ben-VenistexQeland
d F.
Fielding
-lie
S.
Gorelick
ie
Gorton
,n
Lehman
lothyj.
Roemcries
R.
Thompson
lip D.
Zelikow
LCUTIVE DIRECTOR
DoD
DOCUMENT REQUEST
No. 1
The
National Commission
on
Terrorist Attacks Upon
the United
States (the"Commission") requests that
the
U.S. Department
of
Defense (the
"respondent")
provide
the
Commission with copies
of the
following
documents
no
later than
May
23,2003,
(the "production
date"):
1.
The
event, tasking,
and
production
logs
for the
Crisis
Coordination
Group (CCG)
or
other
Office
of the
Secretary
of
Defense (OSD)
crisis
managementmechanisms activated
on 9/11/01.
^
!>
i
_.-
2. The
event, tasking,
and
production logs
for the
Crisis
Action Team (CAT)
or
other-Joint
Chiefs
of
Staff
(JCS) crisis management mechanisms activated
on
9/11/01.
3. A
transcript
or
other record
of the air
threat conference call held
on the
morning
of
9/11/01.
4. The JCS
Rules
of
Engagement concerning
domestic
airline security,
including
hijackings,
that
were
in
effect
on
9/11/01.
5.
The
North
American Aerospace Defense Command
(NORAD)
Rules
of
Engagement
concerning domestic airline security, including hijackings, that were
in
effect
on
9/11/01.
6.
The JCS
Duty
Director
of
Operations
log for the
24-hour period
beginning
with
the
morning
shift
change on
9/11/01,
and the
logs
for any
subordinate
desks
that
recordedevents
related
to the
hijackings
on
9/11/01
and
JCS'
response.
7. The
NORAD Command Director
log for the
24-hour period beginning with
the
morning
shift
change
on
9/11/01,
and the
logs
for any
subordinate desks
in the
Cheyenne
Mountain Operations
Center, including
the Air
Defense Operations
Center,
that
recorded
events
related
to the
hijackings
on
9/11/01
and
NORAD's
response.8.
The
Northeast
Air
Defense
Sector
(NEAD)
Senior Director
log for the
24-hour
period
beginning with
themorning
shift
change
on
9/11/01,
and
the
logs
for any
subordinate
desks
in the
Sector
Operations Control Center (SOCC) that recorded
events
related
to the
hijackings
on
9/11/01
and
NEAD's
response, including logs
for
the
Surveillance
Technician,
the
Identification
Technician,
and the
Weapons
Director.
TEL
(202)
331-4060
_^
..
/-TO-T>
in
A
^it;
 
/9/11
Personal
Privacy
)D
DOCUMENT REQUEST
No.
I
9. The First Air
Force/Continental
Air Defense Region (CONAR) senior
duty
officer
log for the 24-hour period
beginning
with
themorning
shift
changeon
9/11/01,
and thelogsfor anysubordinate
desks
that
recorded events related to the
hijackirigs
on
9/11/01
and First Air
Force/CONAR
r
sresponse.
/
10.
All DoD
after-action reviews relating
to the
events
of
9/11/01,
including documents relating
to the
graphic depiction
of the
events
of
9/11/01
presented
to a
National Reconnaissance OfficeConference
on
June
3,2002,
by|
[and the
review
of
scramble
activity
for the
First
Air
Force
and
Continental
Air
Defense Region (CONAR)
on
9/11/01
completed
by the
Chief
of
Staff
(Colonel
Scott)
or
other officials
in
2002.
11.Protocols
between NORAD
and the FAA
concerning
hijacked airplanes
in
effect
on
9/11/01,
and
current protocols concerning hijacked
airplanes.
12. Protocols between NORAD and'law enforcement
agencies,
including
the
U.S. Secret
Service,
concerning hijacked airplanes in
effect
on
9/11/01,
and current
protocols
concerning hijackedairplanes.13. All documents
relating
to communications between
NORAD
and the FAA concerningthetracking
of the
hijacked
airplanes
on
9/11/01.
.
.K
14.All
documents
relating
to
communications
between
NORAD
and law
enforcement
agencies,
including
the U.S. Secret Service, concerning the tracking of the hijacked airplanes on
9/11/01.
15.
Joint Surveillance System radar
files
from
the
84
th
Radar Evaluation Squadron (Air CombatCommand)
relating
to the
airplanes hijacked
on
9/11/01,
the
responding fighters,
and the
flights
of Air
Force
One on
9/11/01,
as
well
as the RS3
software
to run the
radar files.
16.
Current
organization
charts for OSD, JCS, NORAD,
First
Air Force, CONAR, and
MEAD,
and
organization
charts
for the
same components
in
effect
on
9/11/01.
17.
Two
copies
of the
current
DoD
phone book,
and two
copies
of the DoD
phone book
in
effect
on
9/11/01.
18.
Access
to all
documents provided
by DoD to the
Congressional Intelligence
Committees'
Joint
Inquiry
regarding
the
terrorists attacks
on
9/11/01.The Commission requests
that
documents requested above be provided as soon as they are
available,
even though
all
requested documents
may not beprovidedat the
same time, through means
of a
"rolling" production.
u
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
aspossible
and in no
event later than
the
production
date,
identify
and
describe each such document
or

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