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COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

HON. HENRY A. WAXMAN·

CHAIRMAN

2157 RAYBURN HOUSE aUILDING PHONE (202) 225·5051

FAX (202) 225-1784, 8185

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COMMENT:

IF THERE IS A PR08LEM WITH THIS TRANSMITTAL, PLEASE CALL OFFICE A.S.A.P.

GEORGE W.BUSH PRESIDENTIAL RECORD

OAP00054112

THE WHITE HOUSE

WASHINGTON

February 4, 2008

Dear Chairman Waxman:

I write in response to your December 20,2007 and January 17,2008 letters to Fred F. Fielding, Counsel to the President.

The December 20 letter requested documents in three categories: relating to EOP email archiving, to existing or proposed electronic record management systems, and to the transfer of presidential records to the National Archives at the end of this Administration. The letter also requested information in a fourth category, relating to email back-up tapes maintained by the White House.

Enclosed please find documents responsive to the December 20 letter. These documents relate to EOP email archiving and to existing or proposed electronic records management and bear Bates-numbers HOGR60A-000001 to HOGR60A-009365. Please note that we have taken measures to redact highly sensitive but unclassified enterprise architecture information from the material in this production. This information could be in the form of server names, IP addresses, systems configuration documents, brands and models of hardware used, and a variety of other details that could give insight into measures taken to protect the EOP network. It remains possible that, despite our efforts to identify and remove this information, some of it may not have been removed from the enclosed material. The dissemination of such information could pose great risk to the integrity of the EOP network from outside aggressors and we ask the committee's assistance in treating the enclosed material in a manner consistent with those concerns. As we pointed out in our May 25 letter to the committee, those concerns are not speculative. Please note that we have also redacted certain personal information from these documents. If there is a need to discuss redactions, we are, of course, willing to do so.

Also please be advised that the enclosed documents contain certain pages in the form of socalled "screen shots." These screen shot pages were created for the purpose of assisting committee staff in identifying certain groups of document the nature (and organization) of which might otherwise have been less clear.

Additionally, please note that we have not produced at this time responsive documents containing information implicating significant executive branch prerogatives, e.g., documents reflecting internal deliberations among White House personnel or between White House personnel and other executive branch officials. We are prepared to discuss potential approaches to accommodating committee concerns in this area in a manner that also protects executive branch interests.

In addition to the documents provided today, we are prepared to make available for staff review this week a second set of documents responsive to the December 20 letter. These documents

GEORGE W.BUSH PRESIDENTIAL RECORD

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contain a substantial body of sensitive network information of the sort discussed above. The documents we will make available for review contain a significantly greater volume of sensitive information than do the documents enclosed with this letter. Accordingly, rather than expend the resources to redact all such information as part of a production, our present intention is to make the documents available for review, after which we will be prepared to discuss ways in which such information might be conveyed to the committee in a manner consistent with network security concerns.

Today's production, as I have discussed with your staff, does not reflect consideration and review of the entire universe of documents potentially responsive to the December 20, 2007 letter's very broad requests for "[a]ny documents." Our efforts to gather and review documents are continuing. As I have discussed with staff, the Office of Administration has limited resources and a document request of this magnitude places a very substantial strain on those resources. We will continue to work with committee staff to focus our discovery efforts in a manner that balances the committee's legitimate concerns, the resources available and the requirements of other oversight demands made by this and other Congressional committees.

Y our staff and I have agreed that Director of the Office of Administration, will meet with your staff on Friday, February 8, 2008 to provide a briefing on White House transition matters. We have also agreed that Theresa Payton, ChiefInformation Officer, will provide your staff with the information concerning the White House disaster-recover tape system (requested in the December 20,2007 letter) in a briefing on February 6, 2008.

Finally, as I discussed with a member of your staff on Friday, February 1, we understand that the Committee's February 15 hearing is tentatively rescheduled for February 26, 2008. As I notified staff this morning, Mr. Swendiman and Ms. Payton are both available on that date and will be the Administration representatives at that hearing.

Please telephone me

if you have any questions about the foregoing.

Sincerely,

Special Counsel to the President

The Honorable Henry A. Waxman Chairman

Committee on Oversight and Government Reform United States House of Representatives

2157 Rayburn House Office Building Washington, DC 20515-6143

GEORGE W.BUSH PRESIDENTIAL RECORD

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cc: The Honorable Thomas M. Davis, III Ranking Member

Committee on Oversight and Government Reform United States House of Representatives

B350A Rayburn House Office Building Washington, DC 20515-6143

GEORGE W.BUSH PRESIDENTIAL RECORD

OAP00054115

THE WHITE HOUSE

WASHINGTON

February 11,2008

Dear Chairman Waxman:

I write in response to your December 20, 2007 and January 17, 2008 letters to Fred F. Fielding, Counsel to the President. This letter supplements my letter to you dated February 4,2008.

Enclosed please find additional documents responsive to the December 20 letter. These enclosed documents, contained in two boxes, bear Bates-numbers HOGR60A-OIOOOI - HOGR60A- 012803 (Box 1) and HOGR60A-020001 - HOGR60A-023016 (Box 2).

Please note that we have taken measures to redact highly sensitive but unclassified enterprise architecture information from the material in this production. As with the February 4,2008 production, this information could be in the form of server names, IP addresses, systems configuration documents, brands and models of hardware used, and a variety of other details that could give insight into measures taken to protect the EOP network. It remains possible that, despite our efforts to identify and remove this information, some of it may not have been removed from the enclosed material. The dissemination of such information could pose great risk to the integrity of the EOP network from outside aggressors and we ask the committee's assistance in treating the enclosed material in a manner consistent with those non-speculative concerns. Please note that we have also redacted certain personal information from these documents. If there is a need to discuss redactions, we are, of course, willing to do so.

Additionally, please note that we have not produced at this time responsive documents containing information implicating significant executive branch prerogatives, e.g., documents reflecting internal deliberations among White House personnel or between White House personnel and other executive branch officials. We are prepared to discuss potential approaches to accommodating committee concerns in this area in a manner that also protects executive branch interests.

As I stated in my letter of February 4,2008 to you and during subsequent discussions with committee staff on February 6 and February 8, in addition to the documents provided today we are also prepared to make available for staff review this week a second set of documents responsive to the December 20 letter. These documents contain a substantial body of sensitive network information of the sort identified in our May 24, 2007 and February 4,2008 letters, i.e., network-related information that is sensitive but unclassified. The documents that we have proposed making available for review contain a significantly greater volume of sensitive information than do the documents enclosed with this letter. Accordingly, rather than expend resources to redact all such information as part of a production, our present intention is to make the documents available for review, after which we will be prepared to discuss ways in which such information might be conveyed to the committee in a manner consistent with network security concerns.

GEORGE W.BUSH PRESIDENTIAL RECORD

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Finally, today's production and offer to make additional material available for committee review do not reflect consideration and review of the entire universe of documents potentially responsive to the December 20,2007 letter's broad requests for "[a]ny documents." As I discussed with committee staff on Friday, February 8, our efforts to gather and review documents are continuing. We will continue to work with committee staff to focus our discovery efforts in a manner that balances the committee's legitimate concerns, the resources available, and the requirements of other oversight demands made by this and other congressional committees.

Please telephone me at

if you have any questions about the foregoing.

Sincerely,

Special Counsel to the President

The Honorable Henry A. Waxman Chairman

Committee on Oversight and Government Reform United States House of Representatives

2157 Rayburn House Office Building Washington, DC 20515-6143

cc: The Honorable Thomas M. Davis, III Ranking Member

Committee on Oversight and Government Reform United States House of Representatives

B350A Rayburn House Office Building Washington, DC 20515-6143

GEORGE W.BUSH PRESIDENTIAL RECORD

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