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UNDER SECRETARY OF DEFENSE 5OOO DEFENSE PENTAGON WASHINGTON, DC 2O3O1-5OOO

OCT 1 4 2003

INTELLIGENCE

MEMORANDUM FOR THE EXECUTIVE DIRECTOR OF THE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES Dear Phil: As a follow up to my September 8 memorandum to you, I am providing a status update on the document categories identified in the August 26, 2003 memorandum from the General Counsel of the Commission. 1. Document Request 4 (Items 1 through 16 to the extent not already produced) The Commission has received all available documents responsive to these Items, including Items 4-6 and 4-7. NORAD-generated responsive materials for Items 4-6 and 4-7 were delivered to the Commission on September 12. On September 17, the Commission General Counsel forwarded a supplemental document request (request #7). It has been worked aggressively by NORAD, and all existing documents will be provided to the Commission no later than October 27. Your staff also requested (through e-mail correspondence last month) additional NORAD after-action reports, to include interviews that may have been conducted with NORAD personnel on-duty on 9/1/01. NORAD has submitted several after-action reports to us, and we expect them to be delivered to you by October 27. Regarding the supplemental request for a transcript of the 9/11 NOIWON conference call initiated by CIA, multiple searches were conducted but no recording has been found. NSA did provide two 9/11/01 NOIWON record sheets to the Commission on September 17. 2. Document Request 6 (Items 1, 2, 4) Materials responsive to this request continue to be consolidated, reviewed, and processed. Numerous White House and National Security Council-originated documents responsive to Item 1 have been processed and turned over to the

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\t of Justice. Additional documents responsive to Items 2, 3, and 4

continue to be processed and reviewed. A first set of documents responsive to Items 2 and 3 was delivered to the Commission on October 10. We expect other sets of documents to be delivered within the next two weeks. These deliveries are in addition to several other deliveries of related materials responsive to Document Request #6, beginning in August. Our DoD components continue to forward documents. Some document sets contain products from other agencies; a separate index is being developed for these products and we continue to coordinate with those agencies. Other materials forwarded by components appear not to be in direct response to your request ~ but may be of interest to the Commission. These documents also will be indexed and made available for the Commission to review. DoD Document Request #9 has also been of high-priority interest to the Commission staff. On October 6, the Commission was granted access to the electronic files and hard copy products of the DoD Criminal Investigation Task Force database. My staff continues to expedite the collection and processing of any remaining DoD documents. We have recently added three additional persons to the review team to assist with processing and coordination of DoD Document Request #6. We remain committed to working with you until your task is complete.

Stephen A. Cambone

P.03/08 NOU-03-2003 20=59 UNDER SECRETARY OF DEFENSE 5OOO DEFENSE PENTAGON WASHINGTON, DC 2O3OT-5OOO

NOV
INTELLIGENCE

3 2003

MEMORANDUM FOR SECRETARY OF THE AIR FORCE CHAIRMAN OF THE JOINT CHIEFS OF STAFF SUBJECT: National Commission on Terrorist Attacks upon the United States Requirement to Comply by November 13, 2003 Attached is a report prepared by the Office of the DoD General Counsel documenting the results of a October 24 meeting with the General Counsel and staff members of the National Commission. A similar meeting took place on October 31. Representatives of your organizations were present for both meetings. This report has been forwarded by the attorney in the Office of the DoD General Counsel informally to attorneys and others participating in the effort to respond to National Commission requests. National Commission staff members have stated that the Department has not been fully responsive to their document requests in a number of information categories, as described in the attachment. Interviews recently conducted by Commission staff at several Air Force installations, with Air National Guard units, and at NORAD's North East Air Defense Sector have turned up relevant documents and other information not previously provided in response to formal Commission requests. Therefore, as the Department's principal point of contact for the National Commission, I request that you direct that all levels of command within the affected Air Force/Air National Guard and NORAD units conduct an immediate search for all documents and recordings that fall within the information categories described in the attachment. By November 13, all relevant documents and recordings must be provided to the DoD Office of General Counsel document processing facility, Crystal Gateway 3, Suite 1000. Your staffs can arrange for delivery by contacting Ms. Sharon Gainor at 703-602-0998. 1. Documents containing Sensitive Compartmented Information and information subject to Special Access Program restrictions should be compiled separately from other documents.

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2. Along with the responsive documents, please provide: 1) an index identifying each document by date and author and including the document's classification level; and 2), the name(s), grade(s), duty location(s), and telephone number(s) of the individual(s) who performed the document searches. Provide a point of contact within your organization to coordinate this action. Contact information and questions should be directed to Mr. Stewart Aly, DoD OGC, 703-695-6804 or Ms. Pat Downs, OUSD(I), 703-695-1860.

Stephen A. Cambone

Attachment: As stated

cc: OGC ASD(LA) ASD(PA)

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MEETING WITH 9-11 COMMISSION STAFF 24 October 2003

General Observation The staff members on the air defense team looking into NORAD and Air Force issues indicated that they are seeking certain categories of documents they have not yet received. These categories are listed below with a discussion and recommendation for each. The staff members said that they do not believe anyone is hiding documents from them and that some of the documents may not have been produced because the Commission requests are ambiguous or not drafted clearly. They also recognized that some of these documents may not exist but they are not confident that DoD searches have turned up all of the responsive material. They are not interested in documents relating to operations outside the general area where the highjacked aircraft operated, except for any aircraft scrambled in response to the highjackings. They said they do not want documents from the western area of the United States, for example. Follow up at all levels from squadron through MAJCOM is necessary to respond to these concerns adequately. (1) After Action Reports. The staff members have received after action reports from other commands and expected to find a comprehensive report prepared by NORAD covering the attacks on September 11 and NORAD's response. They have an interim report and a set of Power Point slides, but they have not found any indication that a final report was prepared. They also said that they are seeking any reports prepared at any level addressing the events of the day and activities of Air Force or NORAD units at any level. (2) Analysis of anomalies. The staff members described what
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they called "anomalies" in the events of the day; these are discrepancies or questions arising about things like the time at which NORAD or its components became aware of some of the hijackings. At the first Commission hearing on May 23 of this year, some of these matters were apparently raised. (Transcripts of all hearings are available on the Commission web site.) The Commission seeks any analysis of any "anomalies" prepared at any level. Recordings of telephone conversations and discussions in operations centers. The Commission has received a transcription of telephone conversations from NEADS which ends at 1015. In addition to transcription of another hour, the staffers are looking for tape recordings of telephone conversations from other NORAD units, including Cheyenne Mountain and CONAR. The time frame is the morning of September 1 1 until 1115 Eastern time. Reports or transcripts of interviews of aircrews and others with first hand knowledge of events on September 1 1 . When they visited an Air Force and an Air National Guard Base, the staff members found that pilots of scrambled aircraft had been interviewed and given statements. The reasons for these interviews varied - some were conducted by Wing historians or squadron personnel for reasons that are not clear. Any records of interviews of scrambled aircrews, crews on duty in operations centers or in other operational units are of great interest. Cockpit recordings from scrambled aircraft. The staffers discovered during one of their visits that there are video recordings of HUDs and audio recordings of aircrew conversations and radio transmissions from F-15s scrambled on September 1 1 . These are of great interest but may present some technical difficulties. f6) Other documents discovered during visits to Air Force or Air National Guard installations. The only documents In this category that have not been covered above are Wing histories, which
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included statements taken from aircrew members on scrambled aircraft. (7} Policy documents containing NORAD mission statements both ore and post September 11 The staff members are seeking documents that state NORAD's mission statement before September ] 1, and changes in that mission and policies since September 11. Additional Considerations. This team will visit NEADS in Rome, NY, beginning on 27 October, and plans subsequent trips to CONAR and NORAD HQ. They intend to interview aircrew members and others from Andrews AFB and Air National Guard units in Atlantic City, Toledo and Selfridge. They may or may not make additional trips to visit these locations and conduct the interviews. Recommendations: A. At all levels of command within affected Air Force and NORAD units, any documents which have not been produced and which fall within the categories listed in items (1) and (2) above should be provided immediately. B. CONAR, NORAD HQ and any affected NORAD, AF or ANG units which operated operations centers or command posts on September 11, 2001, should determine (a) whether any recordings described in item (3) above exist from that day and (b) whether any individuals on duty that day have been interviewed. If recordings exist and if they can be readily transcribed, the transcription should be made and provided immediately. If recordings exist but transcription is a problem, notify DoD OGC immediately. Any records already in hard copy should be provided immediately.
C. Any affected NORAD, AF or ANG unit which scrambled
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aircraft on September 11, 2001, in response to the hijackings (as discussed in the General Observations section above), should determine (a) whether cockpit recordings exist in any form and (b) whether any aircrew members or others on duly that day have been interviewed. If recordings exist and if they can be readily transcribed, the transcription should be made and provided immediately. If recordings exist but transcription is a problem, notify DoD OGC immediately. Any records already in hard copy should be provided immediately. D. Unit historians for any affected NORAD, AF or ANG units at all levels should produce any histories and associated materials, such as interview transcripts or statements, immediately. E. NORAD HQ should determine whether any documents contain mission and policy statements as described in item (7) above and produce any responsive documents immediately. F. All of the items listed above are reasonably responsive to requests the Commission has already made, as they were clarified in this meeting. Since the deadlines for production are short, any responsive documents should be sent immediately (by overnight mail) from the unit of origin to the Defense Department General Counsel document production center as directed in the memoranda transmitting the Commission requests previously. Any additional review by NORAD, JCS or other units, can be conducted simultaneously with preparation of the documents for production to the Commission, This includes any materials or documents that may have already been assembled at NEADS.

Prepared by Stewart F.Aly, ADGC(LC) 703-696-6804

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February 20, 2004
Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick Slade Gorton Bob Kerrey John F. Lehman Timothy J. Roemer James R. Thompson

Ms. Pat Downs Office of the Under Secretary of Defense for Intelligence 5000 Defense Pentagon Washington, DC 20301-5000 Dear Pat: As the Commission finalizes its review of DoD's document production in preparation for its upcoming visit to NORAD headquarters, a matter that remains puzzling to us is the absence of an after-action report (hereinafter "AAR") regarding NORAD's response to the hijackings on 9/11. I understand that this issue has been the subject of numerous telephone and email discussions between our respective staffs, dating back to at least last September. The purpose of this letter is twofold: first, to review the record and reassert the Commission's request for AARs related to NORAD's response on 9/11; and second, to seek DoD's written clarification as to where we stand with respect to this issue. On May 9, 2003, the Commission submitted to DoD Document Request No. 1, which requested, inter alia, "All DoD after-action reviews relating to the events of 9/11/01...." (DoD Req. No. 1, Item 10). In response to this request DoD produced AARs from a number of DoD services and components, including the Air Force, Navy and NMCC. A similar report related specifically to NORAD's performance on 9/11 was not forthcoming. Commission staff raised the absence of such an AAR in phone calls and emails in the months that followed, including the attached September 8, 2003 email (which was forwarded again to DoD on October 20, 2003). With respect to this issue, the Commission clarified its request in the following manner: "We are seeking from NORAD ALL documents that could be fairly characterized as an after-action report. This would include all documents that summarize, analyze, evaluate or discuss NORAD's response to the events of 9/11. It would also include all interviews with NORAD personnel that were involved in NORAD's air defense operation on 9/11." Of course, as DoD Document Request No. 1 makes clear, the request covers AARs related to NORAD's performance on 9/11 even if they were produced elsewhere in DoD.

Philip D. Zelikow EXECUTIVE DIRECTOR

301 7th Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-llcommission.gov

26 Federal Plaza Suite 13-100 New York, NY 10278 T 212.264.1505 F 212.264.1595

Ms. Pat Downs February 20, 2004 Page 2 In order to clarify DoD's position with respect to this matter, we request that, if DoD believes it has produced all documents that constitute the AAR(s) related to NORAD's response on 9/11, it provide the Commission with a list of such documents. If there are no documents within DoD responsive to this request, please state so in writing. If there are documents responsive to this request that have not yet been produced to the Commission, please provide such documents and an explanation as to why they have not previously been produced. In light of our upcoming visit to Colorado (currently scheduled for March 2), we look forward to hearing from you by February 26, 2004. Thank you for your cooperation. Sincerely yours,

aniel Marcus General Counsel cc: Under Secretary Stephen A. Cambone Stuart Aly

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DEPARTMENT OF DEFENSE OFFICE OF GENERAL COUNSEL
1600 DEFENSE PENTAGON WASHINGTON, DC 2O3O1-16OO

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March 16, 2004 Daniel Marcus, Esq. General Counsel National Commission on Terrorist Attacks upon the United States 307 7th Street, SW, Room 5125 Washington, DC 20407 Dear Dan: This letter responds on behalf of the Department of Defense to your letter of February 20, 2004, concerning After Action Reports. I attach a letter addressed to me from Colonel David Hayden, the Staff Judge Advocate for NORAD and United States Northern Command, which provides NORAD's response discussing the matters you raise. The scope of the request you quote in your letter is extremely broad: "all documents that summarize, analyze, evaluate or discuss NORAD's response to the events of 9/11." This could encompass a massive amount of material that the Commission clearly does not want, such as articles in various publications of the Department of Defense including newspapers published at military installations around the world. We have, therefore, interpreted this request to seek documents that could fairly be called reports in military parlance. That means a document prepared by a member of an organization intended for a higher level of command or supervision describing events on September 11 and including some form of conclusion or recommendation. We have listed documents we consider responsive to this request on the index delivered to you every week with our document deliveries. I hope this information resolves the issue for the Commission and its staff. If you have questions, please call me at 703-695-6804.

Stewart F. Aly Associate Deputy General Counsel (Legal Counsel) Atch: As stated

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NORTH AMERICAN AEROSPACE DEFENSE COMMAND
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UNITED STATES NORTHERN COMMAND Office of the Staff Judge Advocate 16 March 2004 ;• MEMORANDUM FOR MR STEWART ALY "v ASSOCIATE DEPUTY GENERAL COUNSEL DEPARTMENT OF DEFENSE 1600 DEFENSE PENTAGON WASHINGTON DC 3030 W 600 FROM: NORAD-USNORTHCOM/JA 250 VANDENBERG STREET, SUITE B01$ PETERSON AFB CO 80914.3809 SUBJECT: 9/11 COMMISSION HEARINGS 1. I have received a copy of the letter from Daniel Marcus, General Counsel for the National Commission on Terrorist Attacks Against the United States. The purpose of the letter is to address document production by NORAD in response to the Commission's request for after* action reviews/reports (AARs) relating to NORAD's response on 9/11. 2. I note that the request can be fairly read to solicit two different categories of documents. a. On the one hand, the second paragraph of Mr. Marcus's letter refers to reports from the Air Force, Navy and NMCC in stating that no "similar report related specifically to NORAD's performance on 9/11" has been produced. .This implies that tbe Commission is seeking a single document that could be described as the NORAD after action report on the events of September 11,2001. b. On the other hand, the email quoted later in that same paragraph states that the Commission . is "seeing from NORAD ALL documents that could be fairly characterized as an after action !'. report" [sic]. This statement and the remainder of the paragraph, imply that there may be many responsive documents, not just one NORAD report. 3. I have conducted a reasonable inquiry into the existence of documents at NORAD that would be responsive to the requests described in this letter. While NORAD did not produce what would be traditionally classified as one final and comprehensive After Action Report, it did produce a series of after-action report* that document 9/11 lessons learned These documents have been provided to the Commission.

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4 I have Prepared this totter on the understanding Art it will be provided to Mr. Marcus as, attachment to the Defense Department's reply to his letter,

DAVID t. HAYDEN, COL, USA Staff Judge Advocate

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