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Thomas 11.

Kean Commission Sensitive


CHAIR
DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.
Lee H. Hamilton
VICE CHAIR

Richard Ben-Veniste
The National Commission on Terrorist Attacks Upon the United States
Max Cleland (Commission) requests that the Department of Justice provide the Commission with
copies of the following items no later than July , 2003 (production date). The
Fred F. Fielding
Commission requests that the respondent inform the Commission promptly if the
Jamie S. Gorclick production date poses a problem for certain categories of documents and meet
Slade Gorton
promptly with the Commission staff to set a schedule for the production of those
documents.
John Lehman
ITEMS REQUESTED
Timothy J. Roemer

James R. Thompson

Philip D. Zelikow
EXECUTIVE DIRECTOR
,fc <£— Substantive policy memoranda, briefing packages, guidance documents, or
meeting notes/minutes going to or coming from the Attorney General (AG) or
Deputy Attorney General (DAG) after January 1, 1998 and through
September 20, 2001 that related either wholly or in part to Usama bin Laden
(UBL), al Qa'ida, Afghanistan (including the Taliban and/or the Northern
Alliance) or general counterterrorism policy. This would include: 1)
assessments of the al Qa'ida threat against the US and possible responses to
those threats, 2) the formulation, implementation, or review of the DOJ's
counterterrorism policies, and 3) communications with other agencies
regarding counterterrorism policy. Such requests are limited to
counterterrorism policies and do not include items relating to specific trial
preparation.

Documents analyzing the legality of the possible use of lethal force against
# UBL or other al Qa'ida members, including the assassination ban as it related
V
to those individuals^ 4 r<i»-~ \ ^

3) Counterterrorism policy guidance or directives resulting from the 1998 East


Africa Embassy bombings, the Millennium Plots and the 2000 bombing of the
U.S.S. Cole.

4) AG and DAG communications with senior foreign officials, or their deputies,


regarding UBL and/or al Qa' idaj--£ ro * 3 ~ ^ vj ^ « I/ \ ft ~d $4?$ l^-^r

5) Directives on funding for counterterrorism programs, divisions, etc. at both


the DOJ and the FBI £r,^ i~

6) DOJ staff communications with the governments of Afghanistan, Germany,


Pakistan, Saudi Arabia and Sudan in connection with UBL and/or al Qa'ida
and which were relayed to the AG or DAG/]
l 4 r < r i ~ ,\0-V^/-^. l.\S«lc»:L (202) 331-4060
I FAX (202) 296-5545
7"
•)
Guidance provided to DOJ officials discussing UBL and/or al Qa'ida with foreign official*. 6 :
/

8) DOJ documents prepared or produced from September 20, 2001 through the present that discuss the
September 11 attacks or retrospective analysis of al Qa'ida's activities before the September 11 attacks.

9) Documents prepared for or communicated by the DOJ to the Bush-Cheney Transition Team or incoming
Bush-Cheney officials or staff in connection with UBL, al Qa'ida, Afghanistan (including the Taliban and/or
the Northern Alliance) and/or general counterterrorism policy.

10) Documents going to or coming from the AG or DAG between September 11 and September 20, 2001 on the
policy responses to the September 11 attacks. This should include records in this time period reflecting the
agenda and decisions of the Domestic Consequences Principals Committee showing the genesis of the USA
PATRIOT ACT.

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

If any requested items 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 items or class of documents, as well as the alleged basis for not
jducing 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 items but has information about
where such items 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 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.

Daniel Marcus
General Counsel
July_, 2003
Team 3 Draft 6/30

UNCLASSIFIED BUT COMMISSION SENSITIVE

DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Department of Justice provide the Commission with
copies of the following items no later than July , 2003 (the "production date"). The
Commission requests that the respondent inform the Commission promptly if the
production date poses a problem for certain categories of documents and meet promptly
with the Commission staff to set a schedule for the production of those documents.

ITEMS REQUESTED

1) Substantive policy memoranda, briefing packages, guidance documents, or


meeting notes/minutes going to or coming from the Attorney General or Deputy
Attorney General after January 1, 1998 and through September 20, 2001 that
related either wholly or in part to Usama bin Laden ("UBL"), Al-Qa'ida,
Afghanistan (including the Taliban and/or the Northern Alliance) or general
counterterrorism policy. This would include: 1) assessments of the Al-Qa'ida
threat against the US and possible responses to those threats, 2) the formulation,
implementation, or review of the DOJ's counterterrorism policies and 3)
communications with other agencies regarding counterterrorism policy. Such
requests are limited to counterterrorism policies and do not include items relating
to specific trial preparation.

2) Documents analyzing the legality of the possible use of lethal force against UBL
and Al-Qa'ida members, including the assassination ban as it related to those
individuals.

3) Counterterrorism policy guidance or directives resulting from the 1998 East


Africa Embassy bombings, the Millennium Plots and the 2000 bombing of the
U.S.S. Cole.

4) Attorney General and Deputy Attorney General communications with senior level
foreign officials, or their deputies, regarding UBL and Al-Qa'ida.

5) Directives on funding for counterterrorism programs, divisions, etc. at both the


DOJ and the FBI.

6) DOJ staff communications with the governments of Afghanistan, Germany,


Pakistan, Saudi Arabia and Sudan in connection with UBL or Al-Qa'ida and
which were relayed to the Attorney General or Deputy Attorney General.
7) Guidance provided to DOJ officials discussing UBL and Al-Qa'ida with foreign
officials.

8) DOJ documents prepared or produced from September 20, 2001 through the
present that discuss the September 11 attacks or retrospective analysis of Al-
Qa'ida's activities before the September 11 attacks.

9) Documents prepared for or communicated by the DOJ to the Bush-Cheney


Transition Team or incoming Bush-Cheney officials or staff in connection with
UBL, Al-Qa'ida, Afghanistan (including the Taliban and/or the Northern
Alliance) or general counterterrorism policy.

10) Substantive documents going to or coming from the Attorney General or Deputy
Attorney General between September 11 and 20, 2001 on the policy responses to
the September 11 attacks. Include records in this time period reflecting the
agenda and decisions of the Domestic Consequences Principals Committee
showing the genesis of the USA PATRIOT ACT.

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

If any requested items 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 items 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 items but
has information about where such items 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
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.

Daniel Marcus
General Counsel
July ,2003
Team 3 Draft 6/27

UNCLASSIFIED BUT COMMISSION SENSITIVE

DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Department of Justice (the "DOJ" or alternatively the
"respondent") provide the Commission with copies of the following items (and their
drafting/routing slips) no later than July , 2003 (the "production date"). The
Commission requests that the respondent inform the Commission promptly if the
production date poses a problem for certain categories of documents and meet promptly
with the Commission staff to set a schedule for the production of those documents.

ITEMS REQUESTED

Briefing materials or papers prepared for or distributed to; any agendas, minutes,
notes (either typed or handwritten) of meetings or conclusions/recommendations
prepared for or produced by the Attorney General or Deputy Attorney General
i after Januaryjl, W98\aind through September 20r2001 that related either
\y or in part to the following (such requests are limited to counter terrorism
licies jind are not to include jtems relating to specific trial preparation):

Usama bin Laflen ("UBE"), Al-Qa'ida, Afghanistan


or ySQteounter terrorism strategy. This would include:
1) assessments of the Al-Qa'ida threat against the US and possible
responses to those threats, 2) the formulation, implementation, or
v review ofthe/DOJ's counter terrorism policies and
3) communications with other agencies regarding counter terrorism
policy;

A7 ^ r*i'y\ ' *%~ jfee legality of the possible use of lethal force
against UBL and Al-Qa'ida members, including the assassination
ban as it related to those individual^ .

^ Counter terrorism policy guidance or directives


resulting from the 1998 East Africa Embassy bombings, the
Millennium Plots and the 2000 bombing of the U.S.S. Cole-/

—' Attorney General and Deputy Attorney General


communications with senior level foreign officials, or their
deputies, regarding UBL and Al-Qa'idaA
Directives on funding for counter terrorism
programs, divisions, etc. at both the DOJ and the

DOJ staff communications with the governments of


Afghanistan, Germany, Pakistan, Saudi Arabia and Sudan in
connection with UBL or Al-Qa'ida and which were relayed to the
Attorney General or Deputy Attorney General^ .

Guidance provided to DOJ officials discussing UBL


and Al-Qa'ida with foreign

"Actual or considered DOJ or FBI involvement in


xiitk»-effort!
w
Provide any DOJ documents / Sx-
prepared or produced from September 20, 20y)l
through the present that relate to the September 11 attacks or^ Al-Qa'ida^ventr—
-botwocn January 1, 1998 and Giptuubu 11,"2 •jJh
^T^ Documents reratjng to UBifAl-Qa'ida
^ ' or
or the Taliban which were produced
distributed by the^rttSrney General or Deputy Attorney General to other attendees
J ^^^^ ^^^^ •/ L J J

of Princirjal<6r DeputiesX^pmmittee meetings from January 1, 1998 through


Senle«ir5er20, 2001.

Documents relating to the decision to indict, or not to indict, UBL from January
1998 through present.

Information prepared or communicated by the DOJ to the Bush-Cheney Transition


Team or incoming Bush-Cheney officials or staff in connection with UBL, Al-
Qa'ida or USG counter terrorism policy.

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

If any requested items are withheld from production, even temporarily, based on an
alleged claim of privilege or for any other reason, the Commission requests that the ,Mfd>
respondent, as soon as possible and in no event later than the production date, identify
and describe each such items or class of documents, as well as thVaUeged basis for not
producing it, with sufficient specificity to allow a meaningful challeng^to any such
K^& "*
r ^Afi/Hf* L*.
withholding. '^*&t

If the respondent does not have possession, custody or control of any requested itemssbut
has information about where such items may be located, the Commission requests that tl '+$*
respondent provide such information as soon as possible and in no event later than the
production date. V0'
>j,cJ»f«H
If the respondent has any questions or concerns about the interpretation or scope of these
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.

Daniel Marcus
General Counsel
June , 2003
Team 3 Draft 6/27
*
UNCLASSIFIED BUT COMMISSION SENSITIVE

( DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Department of Justice (the "DOJ" or alternatively the
"respondent") provide the Commission with copies of the following items (and their
drafting/routing slips) no later than July , 2003 (the "production date"). The
Commission requests that the respondent inform the Commission promptly if the
production date poses a problem for certain categories of documents and meet promptly
with the Commission staff to set a schedule for the production of those documents.

ITEMS REQUESTED

1) Briefing materials or papers prepared for or distributed to; any agendas, minutes,
notes (either typed or handwritten) of meetings or conclusions/recommendations
prepared for or produced by the Attorney General or Deputy Attorney General
after January 1,1998 and through September 20, 2001 that related either
wholly or in part to the following (such requests are limited to counter terrorism
policies and are not to include items relating to specific trial preparation):

a) Usama bin Laden ("UBL"), Al-Qa'ida, Afghanistan


or USG counter terrorism strategy. This would include:
1) assessments of the Al-Qa'ida threat against the US and possible
responses to those threats, 2) the formulation, implementation, or
review of the DOJ's counter terrorism policies and
3) communications with other agencies regarding counter terrorism
policy;

b) The legality of the possible use of lethal force


against UBL and Al-Qa'ida members, including the assassination
ban as it related to those individuals;

c) Counter terrorism policy guidance or directives


resulting from the 1998 East Africa Embassy bombings, the
Millennium Plots and the 2000 bombing of the U.S.S. Cole;

d) Attorney General and Deputy Attorney General


communications with senior level foreign officials, or their
deputies, regarding UBL and Al-Qa'ida;
e) Directives on funding for counter terrorism
programs, divisions, etc. at both the DOJ and the FBI;

f) DOJ staff communications with the governments of


Afghanistan, Germany, Pakistan, Saudi Arabia and Sudan in
connection with UBL or Al-Qa'ida and which were relayed to the
Attorney General or Deputy Attorney General;

g) Guidance provided to DOJ officials discussing UBL


and Al-Qa'ida with foreign officials; and

h) Actual or considered DOJ or FBI involvement in


any rendition efforts, including those conducted by other countries.

2) J^OBBtaBg^ DOJ documeHts"prepared or produced from September 20, 2001


through the present that/rolato to the September 11 attacks or Al-Qa'ida events
between January 1, 1998 and September 11, 2001.

3) Documents relating to UBL, Al-Qa'ida or the Taliban which were produced or


distributed by the Attorney General or Deputy Attorney General to other attendees
of Principals or Deputies' Committee meetings from January 1, 1998 through
September 20, 2001.

4) Documents relating to A^aecision to indict, or not to indict, UBL from January 1,


1998 through present.

5) •JMMmation prepare^or communicated by the DOJ to the Bush-Cheney Transition


Team or incoming Bush-Cheney officials or staff in connection with UBL, Al-
Qa'ida or USG counter terrorism policy.

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

If any requested items 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 items 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 items but
has information about where such items 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
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.

Daniel Marcus
General Counsel
June , 2003
Team 3 Draft 6117

UNCLASSIFffiD BUT COMMISSION SENSITIVE

DEPARTMENT OF JUSTICE DOCUMENT REQUEST No.

The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Department of Justice (the "DOJ" or alternatively the
"respondent") provide the Commission with copies of the following items (and their
drafting/routing slips) no later than June , 2003 (the "production date"). The
Commission requests that the respondent inform the Commission promptly if the
production date poses a problem for certain categories of documents and meet promptly
with the Commission staff to set a schedule for the production of those documents.

ITEMS REQUESTED

1) ^ The briefing materials and papers prepared for or compiled by DOJ staff and
distributed to attendees for; any agendas, minutes, notes (either typed or
handwritten) and/or conclusions or summaries of conclusions prepared for or
\g from Attorney General or Deputy Attorney General meetings or
discussions held, unless otherwise noted, from January 1,1998 through
September 20,2001 that related either wholly or in part to the following
(such requests are limited to counter terrorism policy and are not to include items
relating to individual trial preparation or specific prosecution):

a) Usama bin Laden ("UBL"), Al-Qa'ida, Afghanistan


and/or USG counter terrorism strateg^frorrrJarTuary 171998—
SeDteiabef-aQr-2QXH as well as the UBL/Ai-ea4da-Presence ii
Sudan fium January 1, 1994—January 1, 1

b) The formulation, implementation, or review of the


DOJ's counter terrorism policies;

c) Decisions to, or not to, indict UBL from January 1,


1993 to October 4, 1998;

d) The legality of the possible use of lethal force


against UBL and Al-Qa'ida members, including the assassination
ban as it related to those individuals;

e) Attorney General and Deputy Attorney General


Communications with senior level foreign officials, and/or their
deputies, regarding UBL and Al-Qa'ida as well as a dated index of
all such communications;
f) Counter terrorism policy guidance or directives
resulting from the 1998 East Africa Embassy bombings, the
Millennium Plots and the bombing of the U.S.S. Cole; and

g) Guidance on funding for counter terrorism


programs, divisions, etc. at both the DOT and the FBI.

Attorney General meetings and discussions include any such meeting or


discussion, including but not limited to Principals and Deputies' Committee
meetings, whether chaired or attended by the Attorney General regardless of
whether the other attendees were DOJ officials. Deputy Attorney General
meetings and discussions include any such meeting or discussion, including but
not limited to Principals and Eteputie;/ Committee meetings, whether chaired or
attended by the Deputy Attorne^jpeneral regardless of whether the other attendees
were DOJ officials. This requeguHso applies to meetings or discussions
addressing the aforementionedjxyaics wholly or in part regardless of the title used
for the group or whether conducted in person or by SVTS.

2) DOJ options papers, strategy papers or conclusions (or summaries thereof) from
meetings relating to the following^aspects of USG counter terrorism policy and /\h were created b

above (such requests are limited to cgmitbr terrorism policy and are not to include
items relating to individual trial preparation or specific prosecution):

a) Assessments of the Al-Qa'ida threat against the U


and possible responses to those threats from January 1, 1998-
September20, 2001;

b) JDecisioTis to, iiidiu UBL fromjanuary 1,


1993 t

c) The legality d€ the possible use of lethal force


against UBL and Al-Qa'ida mehibejs^ including the assassination
ban as it related to those individuals^

d) Funding for counter terrorism programs, divisions,


etc. at both the DOJ and the FBI;

e) Notes, summaries or recomniendationsyof


communications with foreign governments regarding UBL or Al-
Qa'ida from January 1, 1998-September 20, 2001 sad-same for
.from
Januaryt7^991 January 1.-49Q7;
f) Guidance, directives, recommendations and/or
options regarding USG counter terrorism policy and which were
given to DOJ officials communicating with officials from:

Afghanistan, Germany, Pakistan, Saudi


Arabia, and Yemen from January 1, 1998— September 20, 2001 and
Sudan from January 1, 1991 —January 1, 1997;

g) The formulation, implementation or review


of the DOJ's counter terrorism policy;

h) DOJ involvement in any rendition efforts,


including those conducted by other countries from January 1 ,
1998- September 20, 2001;

i) Guidance, directives, recommendations and/or


options resulting from the 1998 East Africa Embassy bombings,
the Millennium plots and the bombing of the U.S.S. Cole; and

j)—- Information prepared or compiled by the


DOJ and provided to the Bush-Cheney Transition Team or
incoming Bush-Cheney officials and/or staff in connection to UBL,
Al-Qa'ida and USG counter terrorism policy.

1001

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

If any requested items 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 items 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 items but
has information about where such items 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
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.

Daniel Marcus
General Counsel
June , 2003