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06/03/2004 THIT 17:15 FAX

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THE WHITE HOUSE

Daniel Marcus, Ksq. General Counsel National Commission on Terrorist Attacks Upon the United States 30 17* Street, S.W. Washington, D.C. 20407 Dear Mr. Marcus: Consistent with the President's clearly stated policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"), and as a matter of comity between the legislative and executive branches, the Executive Office of the President ("EOF") has made available to the Commission additional documents and information that may be responsive to the Commission's requests entitled "EOP Document Request No. 5," dated October 24, 2003, ".HOP Document Request No. 6," dated April 1, 2004, a.nd "HOP Document Request No. 7," dated May 5, 2004. Specifically, on May 1 0, 2004, we placed in the New Executive Office Building ("NEOB") reading room documents that may be responsive to EOP Document Request No. 5, item number 5, after the Commission revived its request to have electronic e-mail databases at the National Archives and Records Administration ("NARA") searched for potentially responsive documents. On May 17, 2.004, we placed in the NEOB reading room documents that may be responsive to EOP Document Request No. 6. On May 26, 2004, we placed in the NEOB reading room documents that may be responsive to EOP Document Request No. 7. These documents reflect the results of inquiries made of relevant offices within the EOP in response to the request as we have discussed. These documents are being produced as part of a "rolling production," pursuant to our agreement and the terms of the request. We will continue to advise you if we locate any additional responsive documents. The referenced documents and information, and all documents and information subsequently furnished, tire furnished (whether by delivery or by making them, available) with . due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entiti.es or private parties- Documents and other information are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the purpose for which the Commission made the request. Sincerely,

Thomas A/Monhcim Associate Counsel to the President

05/05/2004 WED 17:26 FAX

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THE WHITE HOUSE
WASHINGTON

May 5, 2004 Daniel Marcus, Esq. General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street, S.W. Washington, B.C. 20407 Dear Mr. Marcus: This letter responds to your letter of April 16^ 2004, requesting that the Executive Office of the President ("EOF") make available to the National Commission on Terrorist Attacks Upon the United States ("Commission") the 57 documents identified by Commission staff during their review in early April 2004 of additional Clinton Administration documents collected by the National Archives and Records Administration ("NARA"). Consistent with the President's clearly stated policy of support for the work of lie Commission, the EOF is now making those documents available to the Commission. As was made clear in the Commission's press statement dated April 7, 2004, none of the 57 documents were the subject of any document requests that the Commission previously submitted to the HOP. Accordingly, making this set of documents available to the Commission in response to your April 16 request is an additional, extraordinary accommodation. Furthermore, by making these documents available to the Commission, the EOF is neither establishing any precedent concerning other documents not responsive to formal document requests submitted to the EOF by the Commission, nor making any commitment with regard to any potential future Commission requests. The referenced documents are being made available with due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entities or private parties. Documents and other information are furnished to the Commission in confidence. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the purpose for which the Commission made the request. We look forward to working with you as the Commission completes its work. Sincerely,

5mas A. Klonheim Associate Counsel to the President

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

April 16, 2004

Thomas A. Monheim, Esquire Special Assistant to the President and Associate Counsel The White House Washington, DC 20500 Dear Mr. Monheim: Confirming our conversations, I am writing on behalf of the Commission to request that the 57 documents that we identified in our review last week of Clinton Administration documents collected by the National Archives be produced for our review at the New Executive Office Building. Sincerely,

Philip D. Zelikow EXECUTIVE DIRECTOR

)aniel Marcus General Counsel cc: H. Bryan Cunningham

301 7th Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-1 lcommission.gov

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