/  83
 
Mike
Hurley
From:
Bonnie Jenkins
Sent:
Friday, March
12,
2004 6:00
PM
To:
Team 3
Subject:
FW:
Schultz
Report -
Terms
of
Loan
Arrangement
(FOUO)
FYI
Latest onthis
dispute.Bonnie
Original
Message
From:
Dan MarcusSent: Friday, March 12, 2004 4:12 PMTo:'Downs,Pat, Ms, OSD-USDI'; Bonnie Jenkins; Steve Dunne;
Graham
Giusti
Cc:
Deitz, Robert,
Mr, DoDOGC; Aly,
Stewart,
Mr, DoDOGC;
Gainor, Sharon, CPO,
DoD
OGC;Lehner, Johnathan, Mr, DoD OGC; Jones,
Dawn
T,
LtCol,
OSD-USDI;
'dan.levin@usdoj.gov
1
;'Brian.H.Hook@usdoj.gov'; Dalton, William,Mr, DoDOGC; Sweatt, Susan, COL, OSD-USDI;Eaves, Jennifer, LCDR, OSD-USDI; 'pzelijkow@9-llcommission.gov'; Chris KojmSubject:
RE:
Schultz Report
-
Terms
of
Loan Arrangement (FOUO)
Pat
-- per an
arrangement
with Dan Levin that we had made with respect to draft
Staff
Statement
5, on
Diplomacy,
we
secure-faxed
the
drafts
of
Nos.
6 and 7
with
the
same
"Subject
to Classification Review" notation on each page. I take responsibility for nothaving thought through whether,
in
light
of the
more sensitive nature
of
this material
and
its
likely subsequent distribution by Dan, we should have included specificclassificationmarkings. The Commission and its
staff
have religiously safeguarded all of the thousands
of
documents
that
have been produced to us over the last
year
and there is no reason youshould have any concern about lending us copies of the Schultz documents.OriginalMessage
From:
Downs, Pat,Ms,OSD-USDI [mailto:Pat.Downs@osd.mil]Sent: Friday, March12,2004 11:52AMTo: Bonnie Jenkins; Dan Marcus; Steve Dunne; Graham Giusti
Cc:
Deitz, Robert,
Mr, DoD
OGC; Aly, Stewart,
Mr, DoD
OGC; Gainor, Sharon, CPO,
DoD
OGC;Lehner, Johnathan, Mr, DoD OGC; Jones,
Dawn
T, LtCol, OSD-USDI; 'dan.levin@usdoj.gov
1
;'Brian.H.Hook@usdoj.gov'; Dalton, William,Mr, DoDOGC; Sweatt, Susan, COL, OSD-USDI;Eaves,Jennifer, LCDR, OSD-USDI; Downs, Pat,Ms,OSD-USDISubject:
RE:
Schultz Report
-
Terms
of
Loan Arrangement (FOUO)
FOR
OFFICIAL USE ONLYDan, Steve, Bonnie,I regret to inform you that we are deferring a decision to allow loan arrangements for ourrestricted-read-access documents, such as for the Schultz document, as below.
As
you probably know by now, we have identified what appears to be sensitive and highlyclassified information in
Staff
Statements #6 and
#7.
This situation causes us
concern.
I am hopeful
that
through the DoJ we can agree on appropriate security
arrangements
toensure adequate protection
of
classified information. Once that
is
done, hopefully
in
short order, we would be happy to reconsider any loan arrangements you desire. PatOriginal
Message
From:Downs,
Pat,
Ms,OSD-USDI
Sent:
Thursday,
March 11, 2004
3:01
PMTo:'Bonnie Jenkins'; 'dmarcus@9-llcommission.gov'; 'sdunne@9-llcommission.gov';
'mhurley®9-llcommission.gov
1
Cc:
Aly, Stewart, Mr, DoD OGC; Gainor, Sharon, CPO, DoD OGC; Lehner,
Johnathan,
Mr, DoD
OGC;
Jones,
Dawn
T, LtCol, OSD-USDI; Downs, Pat, Ms, OSD-USDI;
'Brian.H.Hook@usdoj.gov'
Subject:
RE:
Schultz Report
-
Terms
of
Loan Arrangement (FOUO)
 
FOR
OFFICIAL USE ONLYBonnie,Yes,
the
Schultz
report will
be
included
in the
Friday
delivery.
The
Schultz
document
is
being provided to you on a loan basis for up to 30 days. The same groundrules apply tothis document that apply to other restricted-read-access documents. That is, any notestaken basedon thedocument shouldnotquote portionsof thedocument verbatim; notesshould be properly classified; and no copies of the document, in whole or in part, shouldbe made. Please call me if you have any questions. PatOriginal
Message
From: Bonnie Jenkins [mailto:bjenkins@9-llcommission.gov]Sent: Thursday, March11,2004 2:15PMTo: Downs, Pat, Ms,
OSD-USDI
Subject: RE: Unintended Delivery of Read-Access DoD Documents
(FOUO)
Yes.Will you be able to send over the Shuultz
piece?
BonnieonnieOriginal
Message
From: Downs, Pat, Ms, OSD-USDI
[mailto:Pat.Downs@osd.mil]
Sent: Thursday, March 11, 2004 2:01 PM
To:
Bonnie Jenkins;
Dan
Marcus; Steve DunneCc: Aly, Stewart, Mr, DoD
OGC;
Gainor, Sharon, CPO, DoD
OGC;
Lehner, Johnathan, Mr, DoDOGC;Jones,
Dawn
T,
LtCol,
OSD-USDI; Downs, Pat,Ms,OSD-USDI;
'Brian.H.Hook@usdoj.gov
1
Subject: RE: Unintended Delivery of Read-Access DoD Documents (FOUO)
FOR
OFFICIAL USE ONLY
Thank
you, Bonnie. We are doing a document delivery to the 2100
K
StSCIFon Friday. Canyou please get the documents to Diana
Campagna
by Friday. PatOriginal
Message
From: Bonnie Jenkins
[mailto:bjenkins@9-llcommission.gov]
Sent: Monday, March08,2004
4:13
PMTo: Downs, Pat, Ms, OSD-USDI
Subject:
RE: Unintended Delivery of Read-Access DoD Documents (FOUO)
Pat,
I
have
the
documents.
I
will
have
them ready
for
pick
up
Wednesday.
BonnieOriginal
Message
From: Downs,
Pat,
Ms, OSD-USDI
[mailto:Pat.Downs@osd.mil]
Sent:Monday, March08,2004 11:30AM
To: Dan
Marcus; Steve DunneCc: Aly, Stewart, Mr, DoD OGC; Gainor, Sharon, CPO, DoD OGC; Lehner, Johnathan, Mr, DoDOGC; Jones, Dawn T, LtCol, OSD-USDI; Downs, Pat, Ms, OSD-USDI;
'Dan.Levin@usdoj.gov
1
;
1
Brian.H.HookSusdoj.gov';
Bonnie Jenkins; Mike HurleySubject: Unintended Delivery of Read-Access DoD Documents (FOUO)
FOR
OFFICIAL USE ONLYDan, Steve,In
mid-January,
we faxed a few documents over to the Commission. To the best of myknowledge, they were materials thattheCommission
staff
neededfor theinterviewof Mr.Wolfowitz. These materials had just recently been identified. Because time was critical,
the
documents did not pass through our normal review process. We have since discovered
that
9 of the approximately 20 pages faxed should have been intended for read-only access
in
accordance withDoJ
guidelines.
The Bates numbers for the read-access documents are: 65710-65712, 65715-65717 and 65722-
2
 
65724 (these 3 pages are duplicates of 65715-65717). We will need to
arrange
for return of
the
9pagesand anycopies thattheCommission
staff
may have made.Iwould liketohave
Ms.
Gainor, who heads our document processing
facility,
pick up the materials during hernextdelivery run to your SCIF this week, probably on
Wednesday.
Can youpleaseinform your SCIF managers and appropriate Commission
staff
to have the thematerials ready.I regret
any
inconvenience
our
oversight
may
cause you. Many
thanks. PatThis
may contain information exempt from mandatory disclosure under the Freedom ofInformationAct
(FOIA).

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