You are on page 1of 13

TO: Dan Marcus and Steve Dunne

FROM: Gordon Lederman


CC: Kevin Scheid
DATE: June 20, 2003
RE: Document Requests to NSA, HPSCI, et al

As you know, earlier today I sent to you drafts of document requests


for EOF and DCI. My cover memoranda neglected to mention that these
drafts supercede the drafts that I gave to you on June 12,2003.

Also on June 12, I gave to you draft document requests for NSA, HPSCI,
et al. I amrattaching those drafts to this memorandum for your
convenience. Kevin and I look forward touyou comments.

Thank you.
Thomas H. Kean DOCUMENT REQUEST No. 1
CHAIR
NATIONAL SECURITY AGENCY (NSA)
Let H. Hamilton
VICE C H A I R

Richard Ben-Veniste
The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the National Security Agency (NSA or the
Max. Cleland "respondent") provide the Commission with copies of the following documents no
Fred F. Fielding
later than June 25, 2003 (the "production date"):

Jamie S. Gorelick 1. Documents prepared between 1995 and 2003 that set forth NSA's strategic
Slade Gorton plans for its SIGINT collection, analysis and management activities.
John Lehman
2. All SIGINT assessments from the Counter-terrorism Product Line (or its
Timothy J. Roemer predecessor organization) from 1995 to 2003.
James R. Thompson
3. Approved requirements documents tasking NSA systems to collect and
analyze information on terrorism from 1995 to 2003, particularly those
Philip D. Zelikow
E-^ V l V E DIRECTOR - documents that tie to PDD-35.

4. Director NSA memoranda to senior leadership on the efforts to combat


terrorism, the effectiveness of NSA's counterterrorism SIGINT efforts,
_ counterterrorism management within NSA and resource issues.,

5. Finished intelligence from the Regional Targets Office and the Middle East
North Africa Branch regarding radical Muslim fundamentalism, terrorist
organizations and support networks, UBL, al Qa'ida and terrorist threats to
the United States from 1995 to 2003.

6. All CRITIC reports for the three months preceding the 1993 WTC bombing,
Khobar Towers attack, Nairobi and Dar es Salaam bombings, the attempted
Millennium attacks, the Cole attack, and the attacks of September 11th.

7. Any internal "after action" reports for the 1993 WTC bombing, Khobar
Towers, Nairobi and Dar es Salaam bombings, the attempted Millennium
attacks, the Cole attack, and the attacks of September 11th.

8. Any other documents, briefings, reports, emailFor memoranda that the


Director NSA believes are important to the conduct of this investigation.

J The Commission requests that the documents requested above be provided as soon as
they are available, even though all requested documents may not be provided at the
same time, through means of a "rolling" production. -

TI-:I. (202) 331-1060


i- -A '202' 2%-S^i
JbCl DOCUMENT REQUEST No. 3
/--2

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 as possible and in no event later than the production date,
identify and describe each such document or class of documents, as well as the
alleged basis for not producing it, with sufficient specificity to allow a meaningful
challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as
possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope of
these document requests, the Commission requests tharany such questions or
concerns be raised with the Commission as soon as possible so that any such issues
can be addressed and resolved prior to the production date.

June 11,2003 Daniel Marcus


General Counsel
Thomas H. Kean
CHAIR DOCUMENT REQUEST No. 3
DEPARTMENT OF DEFENSE
Lee H. Hamilton
VICE C H A I R

The National Commission on Terrorist Attacks Upon the United States (the
Richard Bcn-Veniste
"Commission") requests that the U.S. Department of Defense (DoD or the
Max Clcland "respondent") provide the Commission with copies of the following documents no
Fred F. Fielding
later than June 24, 2003 (the "production date"):

jamie S. Gordick 1. The intelligence annex to the Ballistic Missile Defense Commission report,
ISlade Gorton which Secretary Rumsfeld has referred to often regarding his views on the
organization, structure and effectiveness of the Intelligence Community.
In Lehman

TmothyJ. Roemcf- 2. Documents related to the establishment of the Undersecretary of Defense for
Intelligence, particularly any documents relating to the Undersecretary's
irnes R. Thompson
authorities with respect to the Director of Central Intelligence, oversight of
National Foreign Intelligence programs, budget formulation responsibilities,
lilip D. Zelikow
- DIRECTOR
financial execution responsibilities, and the establishment of intelligence
priorities within the Department.

3. Correspondence from the Secretary of Defense notifying Congress of his


mtent to transfer, reprogram, or seek supplemental funds for -
counterterrorism activities within the Department of Defense and the
Intelligence Community from 1995 to 2003.

4. Correspondence (letters, email, memoranda) between any entity of the


Office of the Secretary of Defense and the DCI on the conduct and
effectiveness of counterterrorism intelligence collection and reporting,
future terrorist threats to the United States, overseas force protection from
terrorist threats and warning of terrorist attacks from 1995 to 2003.

5. Documents identifying the strategies, operations, and resources of the


Combatant Commanders (in particular CENTCOM, PACOM,
SOUTHCOM, EUCOM, SOCOM) dedicated to counterterrorism and force
protection activities from 1995 to 2003.

6. Documents identifying the strategies, operations, and resources of the_


military departments, particularly their intelligence components, dedicated
to counterterrorism and force protection activities from 1995 to 2003.
J 7. Direction from the Secretary of Defense to the NSA, DIA, NIMA, or NRO
regarding counterterrorism activities and force protection, including the
collection and analysis strategies on the terrorist threat to the United States
•i-i-i. (202) 331-4060
i \ (202) 296-5545
.' DOCUMENT REQUEST No. 3
'Pase 2

from 1995 to 2003.

8. Directions, taskings or guidance from the Secretary of Defense to the


Defense HUMINT Service regarding its counterterrorism and force
protection efforts from 1995 to 2003.

9. Reports, audits, findings and recommendations of the Joint Staff regarding


the effectiveness of the Department's counterterrorism and force protection
activities from 1995 to 2003.

The Commission requests that the documents requested above be provided as soon as
they are available, even though all requested documents may not be provided at the
same time, through means of a "rolling" production.

If any requested documents are withheld from production, everr temporarily, based on
an alleged claim of privilege or for any other reason, the Commission requests that
the respondent, as soon as possible and in no event later than the production date,
identify and describe eaeh such document or class of documents, as well as the
alleged basis for not producing it, with sufficient specificity to allow a meaningful
challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as
possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope of
these document requests, the Commission requests that any such questions or
concerns be raised with the Commission as soon as possible so that any such issues
can be addressed and resolved prior to the production date.

June 10,2003 Daniel Marcus


General Counsel

J
Thomas H. Kean SSCI DOCUMENT REQUEST No. 1
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Senate Select Committee on Intelligence (SSCI or
Richard Ben-Veniste
the "respondent") provide the Commission with copies of the following documents
Max Oeiand no later than June 25, 2003 (the "production date"):
Fred F. Fielding
1. The Classified Annex to the Senate's Intelligence Authorization Bill for
Jamie S. Goreiick fiscal year 1990 through 2003.
Slade Gorton
2. The Classified Annex to the Conference Report of the Intelligence
John Lehman
Authorization-Act for fiscal year 1990 through 20~03.
Timothy J. Roemer
3. The Classified Schedule ofAuthorization of the Senate's Intelligence
James R. Thompson
Authorization Bill for fiscal year 1990 through 2003.
Philip D. Zelikow
" l V E DIRECTOR
4. Classified Annexes to the Senate bills for supplemental appropriations for
the National Foreign Intelligence Program for counterterrorism activities
from fiscal year 1990 through 2003.

5. Letters of approval / disapproval to the DCI regarding reprogramming


requests, supplemental funding requests or requests for releases from the
CIA reserve for contingencies regarding counterterrorism activities from
1990 to 2003.

6. All reports of the SSCI's Technical Advisory Group (TAG) regarding


counterterrorism efforts of the Intelligence Community, the effectiveness of
human source collection, signals collection, covert action and the
effectiveness of Intelligence Community management.

7. Correspondence from 1990 to 2003 between the SSCI and the DCI,
Secretary of Defense, Secretary of State, Secretary of Treasury regarding
the Intelligence Community's counterterrorism efforts, including efforts
against UBL, al Qa'ida, terrorist financing net-works and efforts with
foreign partners to collect intelligence on terrorist targets. ,

8. A list - including date, specific subject, witnesses, and member participation


- of all Committee hearings from 1995 through 2003. Please identify those
that specifically focused on the Intelligence Community's counterterrorism
efforts. Please provide access to the transcripts of these counterterrorism
hearings.

TI:I. (202) 331-4060


DOCUMENT REQUEST No. 3
2

9. Reports from staff and/or member investigations or audits from 1995 to


2001 of the effectiveness of the Intelligence Community's counterterrorism
efforts; the effectiveness of CIA's human source collection efforts; and the
effectiveness of NSA's signals intelligence efforts.

10. Correspondence between the Majority Leader of the Senate and the DCI,
Secretary of Defense, Secretary of State from 1995 to 2003 regarding the
conduct of the Administration's counterterrorism efforts and the
effectiveness of intelligence efforts.

The Commission requests that the documents requested above be provided as soon as
they are available, even though all requested documents may not be provided at the
same time, through means of a "rolling" production.

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 as possible and in no event later than the production date,
identify and describe each such document or class of documents, as well as the
alleged basis for not producing it, with sufficient specificity to allow a meaningful
challenge to any such withholding.
3 If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that _the respondent provide such information as soon as
possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope of
these document requests, the Commission requests that any such questions or
concerns be raised with the Commission as soon as possible so that any such issues
can be addressed and resolved prior to the production date.

June 11,2003 Daniel Marcus


General Counsel

3
Thomas H. Kean HPSCI DOCUMENT REQUEST No. 1
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the House Permanent Select Committee on Intelligence
Richard Ben-Veniste
(HPSCI or the "respondent") provide the Commission with copies of the following
Mix Cleland documents no later than June 25, 2003 (the "production date"):
Fred F. Fielding
1. The Classified Annex to the Conference Report of the Intelligence
Jamie S. Gorelick Authorization Act for fiscal year 1990 through 2003.
Slade Gorton
2. The ClassifiedjSchedule of Authorization to the Intelligence Authorization
John Lehman—
Act for fiscal year 1990 through 2003.
Timothy J. Roemer
3. Letters of approval / disapproval to the DCI or Secretary of Derfense
James R. Thompson
regarding reprogramming requests, supplemental funding requests_or
requests for releases from the CIA reserve for contingencies regarding
Philip D. Zclikow
DIRECTOR counterterrorism activities from 1990 to 2003.

4. Correspondence from 1990 to 2003 between the HPSCI and the DCI,
Secretary of Defense, Secretary of State, Secretary of Treasury regarding
the Intelligence Community's counterterrorism efforts, including efforts
against UBL, al Qa'ida, terrorist financing networks, efforts with foreign —
partners to collect intelligence on terrorist targets.

5. A list - including date, specific subject, witnesses, and member participation


- of all Committee hearings from 1995 through 2003. Please identify those
that specifically focused on the Intelligence Community's counter-terrorism
efforts. Please provide access to the transcripts of these counterterrorism
hearings.

6. Reports from staff and member investigations or audits from 1995 to 2001
into the effectiveness of the Intelligence Community's counterterrorism
efforts; the effectiveness of CIA's human source collection efforts; the
effectiveness of NSA's signals intelligence efforts.

7. Correspondence between the Speaker of the House and the DCI, Secretary
of Defense, Secretary of State from 1995 to 2003 regarding the conduct of
the Administration's counterterrorism efforts and the effectiveness of
intelligence efforts.
J
The Commission requests that the documents requested, .above be provided as soon as
Ifiey areji vail able, even though all requested documents may not be provided at the
n:i. (202) 331-4060
i v\) 296-55-15
CI DOCUMENT REQUEST No. 3
Pa if. 2

same time, through means of a "rolling" production.

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 as possible and in no event later than the production date,
identify and describe each such document or class of documents, as well as the
alleged basis for not producing it, with sufficient specificity to allow a meaningful
challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as
possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope of
these document requests, the Commission requests that any such questions or
concerns be raised with the Commission as soon as possible so that any such issues
can be addressed and resolved prior to the production date.

June 11, 2003 Daniel Marcus


General Counsel
Thomas H. Kean SAC DOCUMENT REQUEST No. 1
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Senate Appropriations Committee (SAC or the
Richard Ben-Veniste
"respondent") provide the Commission with copies of the following documents no
Max Cleland later than June 25, 2003 (the "production date"):
Fred F. Fielding
1. Classified Annex to the Senate Appropriations Bill regarding the National
Jamie S. Gorelick Foreign Intelligence Program and intelligence related activities from 1990 to
Slade Gorton 2003.
John Lehman
2. Classified Annexes to the Senate Supplemental Bills for the National Foreign
Timothy J. Roenier intelligence Program for counter-terrorism activities from fiscal year 1990
through 2003.
James R, Thompson

3. Letters of approval / disapproval to the DCI regarding reprogramming


Philip D. Zclikow
DIRECTOR
requests, supplemental funding requests or requests for releases from the
CIA'reserve for contingencies regarding counterterrorism activities from
1990 to 2003.

4. Correspondence between the Committee and the DCI, Secretary of Defense,


Secretary of State, or Secretary of Treasury regarding counterterrorism
activities from 1990 to 2003.

The Commission requests that the documents requested above be provided as soon as
they are available, even though all requested documents may not be provided at the
same time, through means of a "rolling" production.

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 as possible and in no event later than the production date,
identify and describe each such document or class of documents, as well as the
alleged basis for not producing it, with sufficient specificity to allow a meaningful
challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as
possible and in no event later than the production date.

If the respondent has any questions or concerns about_the jnterpretation or scope of


these doc&menrrequests, the Commission requests that any such questions or
TP-.I. (202) 331-J060
i \ ) 2V6-5545
CI DOCUMENT REQUEST No. 3
Pass 2

concerns be raised with the Commission as soon as possible so that any such issues
can be addressed and resolved prior to the production date.

June 11, 2003 Daniel Marcus


General Counsel
Thomas H. Kein HAC DOCUMENT REQUEST No. 1
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the House Appropriations Committee (HAC or the
Richard Ben-Veniste
"respondent") provide the Commission with copies of the following documents no
Max. Cleland later than June 25, 2003 (the "production date"):
Fred F. Fielding
1. Classified Annexes to the House Appropriations bills regarding intelligence
Jamie S. Gorelick and intelligence related activities from 1990 to 2003.
Sfodc Gonon
2. Letters of approval / disapproval to the DCI on reprogramming requests,
John Lehman
—supplemental funding requests ofrequests for releases from the CIA reserve
Timothy J. Roemer for-contingencies regarding counter-terrorism activities from 1990 to 2003.
James R. Thompson
3. Classified Annex to the House Supplemental Appropriations bills for the
Department of Defense or the National Foreign Intelligence Program for
r'hilip D. Zclikow
DIRECTOR
fiscal year 1990 through 2003.

4. Correspondence between the Committee and the DCI, Secretary of Defense,


Secretary of State, or the Secretary of Treasury regarding the execution of
the Administration^ counter-terrorism policy or programs from 1990 to
2003. ~

The Commission requests that the documents requested above be provided as soon as
they are available, even though all requested documents may not be provided at the
same time, through means of a "rolling" production.

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 as possible and in no event later than the production date,
identify and describe each such document or class of documents, as well as the
alleged basis for not producing it, with sufficient specificity to allow a meaningful
challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as
possible and in no event later than the production date.
1 If the respondent has any questions or concerns about the interpretation or scope of
these document requests, the Commission requests that any such questions or
corfcerns ,5e raised with the Commission as soon as possible so that any such issues
i i . i . (202) 331-4060
i \ ) 296-5343
XTI DOCUMENT REQUEST No. 3
Page 2

can be addressed and resolved prior to the production date.

June 11, 2003 Daniel Marcus


General Counsel

/• *
•J