NATIONAL SECURITY COUNCIL

WASHINGTON, D.C. 2O5O4

April 7, 2004

Daniel Marcus, Esq.

General Counsel,
National Commission on Terrorist Attacks Upon the United States

VIA HAND DELIVERY

Dear Mr. Marcus:

Consistent with the President's clearly stated a policy of strong support for the National
Commission on Terrorist Attacks Upon the United States ("Commission"), and upon the specific
request of you and Executive Director Zelikow, we are willing to lend the Commission several
Executive Office of the President (EOP) documents from this morning until the conclusion of
Dr. Rice's testimony tomorrow. As we discussed last night, these documents, which you have
advised us are "core" to your hearing preparations, are:

• A set of documents prepared by Richard Clarke, with cover note dated January 25, 2001;
• Memorandum from Roger Cressey/Richard Clarke to Dr. Rice dated September 3, 2001,
entitled "September 4 Principals Committee Meeting on Counterterrorism;" and
• The draft of what became our policy directive on eliminating al-Qa'ida following an NSC
Principals Committee meeting of September 4, 2001.

We will this morning lend copies of the original classified documents to you. We also
plan to provide you shortly with versions that have been declassified to the extent possible in
order to aid in questioning by Commissioners at the hearing. These documents are currently
being reviewed by CIA according to their normal declassification process. As we discussed, the
EOP and the Commission agree that these materials are, and remain, the property of the EOP,
that they are on loan to the Commission until the conclusion of Dr. Rice's testimony tomorrow,
and that this loan sets no precedent. In addition, you have agreed that: these documents will be
stored and handled by the Commission Security Officer, or his designee, in accordance with
applicable regulations; no copies will be made, or verbatim notes taken, from these documents;
that records will be kept of who reviews these documents; that they will be reviewed only by
Commissioners and staff previously designated to have access to these EOP materials; and that
there will be no discussions of the contents of these documents other than with and between
Commissioners and previously designated staff.
 Separately, although we agree that it is not a "core" document, we have agreed to loan the
Commission, until the conclusion of Dr. Rice's testimony, a copy of Dr. Rice's draft 9/11
address on arms control/missile defense issues which, as you know, was neither final, nor ready
for delivery at the time of the attacks.

I hope the Commission finds this extraordinary accommodation helpful to its work and
look forward to continuing to work with you.

Sincerely,

John B. Bellinger, III

Senior Associate Counsel to the President
Legal Adviser to the National Security Council