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Yoel Tobln

From: Christine Healey
Sent: Tuesday, January 27, 2004 7:03 PM
To: Doug Greenburg; Yoel Tobin
Cc: | 9/11 personal privacy | Peter Rundlet; lcole@psu.edu
Subject: Fitzgerald questions

Doug and Yoel -

Thanks so much for your willingness to cover for us if the weather continues to be a problem for Lance. There
are a lot of questions here and we understand there might not be time for them all. Some of the final questions
are as interesting to us as the ones in the middle - so it would be better to ask one question from a section, if time
runs short.

Thanks.

Chris

1/27/2004
Patrick Fitzgerald Questions

[assumes prior questioners have covered his background and his work on terrorism cases
while an Assistant United States Attorney in the Southern District of New York]

October 11.2001 Memorandum to the Attorney General

• We have seen your memorandum of October 11, 2001 to the Deputy Attorney
General. In many respects, it is an intelligence report, pulling together the
statements of many "sources." Did you think that there was no other way for the
DAG to become aware of this information unless you pulled it together?

• Have you seen any indication that information of "intelligence value" gathered by
officials traditionally considered law enforcement officials is now being reported and
disseminated to policymakers and intelligence analysts on a timely basis?

Pre-9/11 FBI-DOJ Cooperation and Coordination

• Please describe your perception of the pre-9/11 working relationship between
Department of Justice prosecutors in U.S. Attorney's Offices and FBI agents in Field
Offices, and in particular the coordination and cooperation between the two in
terrorism investigations and prosecutions.

• How has this working relationship changed since 9/11?

• Please describe your experiences using, and the obstacles to using, criminal
investigative techniques, such as the grand jury process, Title III surveillance
methods, and offers of immunity from prosecution or the opportunity to plead to
reduced charges in exchange for cooperation, in terrorism investigations prior to the
9/11 attacks.

• In your October 21, 2003 testimony before the Senate Judiciary Committee you said
that taking down the FIS A "wall" was "the single greatest change we needed" after
the 9/11 attacks - please explain why that is the case. Are further changes needed?

FISA Issues

• Please describe your understanding of the genesis and development of the "Wall"? Post-
9/11, the conventional wisdom seems to be that the Wall was unnecessary and not legally
required. What was your view prior to the FISA Court of Review decision of the Wall
and the policies and procedures that were created to maintain it? What was the view of
others in the Southern District and other parts of the Justice Department?

• While you were an AUSA were you aware of the problems that had surfaced in FISA
applications during the summer of 2000?
Now that FISA-obtained information can be more freely used in criminal prosecutions, a
federal district court or court of appeals could disagree with the FISA Court of Review
and interpret the FISA statute, as amended by the PATRIOT Act, more restrictively.
What impact would such a ruling have on counterterrorism efforts within that district or
circuit?

USA PATRIOT Act

• The USA PATRIOT Act has given the government new powers to combat terrorism but,
as you know, it has also caused concerns among some citizens. One area of concern is
whether special powers intended to be used to fight terrorism, such as FISA surveillance
under the "significant purpose" standard, could be misused in non-terrorism law
enforcement investigations. [An analogy here is the RICO statute, which was intended to
combat organized crime but came to be widely used for everything from business crimes
to abortion protests.] Do you believe these concerns have any merit?

• If not, what internal Justice Department and FBI procedures ensure that special anti-
terrorism powers will not be misused?

o What are your thoughts regarding the degree to which the Act appropriately
balances concerns for security and privacy/civil liberties. Do you think any of the
provisions go too far (i.e., that the benefit to security does not justify the loss of
privacy)?

• Sunset Provisions: A number of provisions of the PATRIOT Act will "sunset" in
December 2005 if Congress does not act to extend them or make them permanent (such
as section 215, the FISA business records provision, and section 218, the "significant
purpose" standard for FISA surveillance or searches).

o If these provisions are allowed to sunset, how significantly will it affect the
Government's ability to combat terrorism?

o Are certain of the sunset provisions more important than others in terms of
obtaining congressional extension?

o If section 218 is allowed to sunset and the standard for FISA goes back to the old
"primary purpose" standard, does the FISA Court of Review opinion provide
adequate authority for the Government to continue to combat terrorism
effectively?

o Is there a way to maintain some of these authorities and build in some added
protections to prevent the use of the more intrusive methods from being
introduced in non-terrorism related criminal trials?
Other Legal Issues

• Administrative Subpoenas: The President has said that Congress should pass a statute
giving the FBI an administrative subpoena power in anti-terrorism investigations, similar
to the administrative subpoena power the FBI has in some kinds of drug and health care
fraud investigations. The FBI already has authority to issue "National Security Letters"
in terrorism investigations to obtain three categories of information - telephone billing
information; consumer credit information; and financial institution information (now
broadly defined to include casinos, pawnshops, travel agents, vehicle sales, loan and
finance companies, and other kinds of personal financial records).

• Why is the existing NSL authority inadequate and why is it essential that the FBI
be given broader administrative subpoena power?

• Would the proposed administrative subpoena power be even broader than the
power under section 215 of the USA PATRIOT Act to obtain records from
businesses, libraries, etc. - which has been controversial and reportedly has not
yet been used - in that no prior judicial approval would be required for an
administrative subpoena, while section 215 requires prior approval by the FISA
Court? Why is broader administrative subpoena power necessary when section
215 is available?

• What kind and level of approval should be required for an FBI administrative subpoena -
internal FBI approval only (as for NSLs); approval by a Department of Justice attorney
(as for grand jury subpoenas); or some kind of judicial approval (as with FISA Court
approval under section 215 of the USA PATRIOT Act)?

• AG Guidelines. What is your assessment of the impact in the field of the recent
amendments to the Attorney General Guidelines? Are there areas where further
amendments are needed?

• Material Witness Statute. Prior to 9/11, to what extent did you use or consider the use
of the Material Witness statute to detain terrorist suspects?

Information Sharing. Resources. Government Organization Issues

• Information Sharing: FBI-Intelligence Community. From your perspective, how
effective were the working relationships between the FBI and other agencies of the
intelligence community, and in particular the effectiveness of FBI's relationships with
CIA and NSA on counterterrorism matters prior to 9/11? How has this changed since
9/11?

• Resources. With respect to domestic intelligence collection to combat terrorism, some
experts have asserted that the need for additional resources may be greater than the need
for additional legal authorities at this time.
• How do you assess the need for additional resources at this time, both at the
Department of Justice and at the FBI?

• Can you identify specific functions within the Justice Department and FBI where
additional resources would make the most difference - for example, technology
and computer systems; linguists and translation capability; or recruitment and
training of intelligence analysts?

• MI-5. Some experts argue that having law enforcement agencies act as domestic
intelligence collectors is a good policy because law enforcement powers, particularly the
threat of criminal prosecution, give law enforcement agencies an ability to compel
information that intelligence agencies lack. Other experts argue that intelligence
collection and law enforcement are very different, and a focus on prosecution and the
collection of admissible evidence for trial hampers law enforcement agencies that also
collect intelligence. Do you have specific views on the ability of the FBI to perform
domestic intelligence collection while also acting as our country's lead federal law
enforcement agency?

• Overall Assessment of Current FBI Capabilities. What is your assessment, based
on your experience as a federal prosecutor, of the FBI's current ability to detect,
disrupt, and prevent terrorist attacks upon the United States, including the FBI's
ability to perform its counterterrorism intelligence function?
Page 1 of 1

Yoel Tobin

From: Christine Healey
Sent: Tuesday, March 09, 2004 3:34 PM
To: Yoel Tobin
Subject: Fitzgerald

Yoel-

Faith Burton just called. She said Fitzgerald will be in town on Thursday and there is a chance some of his
appointments may fall through and he would be available to see us sometime in the day. Could be any time
between 9 am and 7 pm.

Does this sound okay to you? I think there is a lot of merit in catching him while we can. Also, since we on Team
6 haven't seen him in person, itit WAHIH honnor) for us to try to do it this way rather than by phone. What do you
think? If you want to call, I am at| I
Chris

9/11 Personal Privacy

3/9/2004
Page 1 of 1

Yoel Tobin

From: Yoel Tobin
Sent: Monday, February 23, 2004 10:57 AM
To: Yoel Tobin; 'Cole, Lance'; Christine Healey; Lance Cole; 'lcole@psu.edu'
Cc: Doug MacEachin
Subject: RE: Phone conversation with Patrick Fitzgerald

I talked to Doug, and he confirmed what I set forth below. (He will not participate in the phone call, it will probably
be just me from Team 1).

Original Message
From: Yoel Tobin
Sent: Saturday, February 21, 2004 8:05 PM
To: 'Cole, Lance1; Christine Healey; Lance Cole; lcole@psu.edu
Cc: Doug MacEachin
Subject: RE: Phone conversation with Patrick Fitzgerald

I will double-check with Doug tomorrow, but I think an hour for Team 1 would suffice, and we should try to
set it up for 2 hours on March 3 or 4.

Original Message
From: Cole, Lance [mailto:lxc24@dsl.psu.edu]
Sent: Friday, February 20, 2004 3:51 PM
To: Christine Healey; Lance Cole; lcole@psu.edu; Yoel Tobin
Subject: RE: Phone conversation with Patrick Fitzgerald

Chris,
I think I can cover the things I want to cover in an hour or less.
Lance
Original Message
From: Christine Healey [mailto:chealey@9-llcommission.gov]
Sent: Friday, February 20, 2004 3:48 PM
To: Lance Cole; lcole@psu.edu; Yoel Tobin
Subject: Phone conversation with Patrick Fitzgerald

When you can, please give me an estimate of how much time you think you will need to do
a phone conference with Fitzgerald. Then I will get back to Faith Burton to set it up -
trying to arrange it for Wed. or Thursday of the first week of March. Now that I think of it,
this may need to be done out of DoJ in order to allow for secure teleconferencing.

Lance, Yoel has a Team 1 presentation for commissioners on Tuesday.

2/23/2004
Page 1 of2

Yoel Tobin

From: Christine Healey
Sent: Friday, February 13, 2004 11:43 AM
To: Yoel Tobin
Subject: RE: Proposed April Hearing

That's right. I will see Faith Burton today and raise this with her.
^
Original Message
From: Yoel Tobin
Sent: Friday, February 13, 2004 10:32 AM
To: Christine Healey
Cc: Doug MacEachin; Tom Dowling; Nicole Grandrimo; Sarah Linden; Team 6
Subject: RE: Proposed April Hearing

We were going to let you take the lead in setting up and conducting the next interview, since your team
wasn't able to attend last time. However, Team 1 would also like to attend a second interview, if
possible. How do you want to proceed? Whoever sets it up has to go thru Faith Burton of DOJ/LEG (I
believe a phone call will do, no additional letter is needed). Fitzgerald was very helpful and open, but he
was also clear about the fact that if we want to do another interview in DC we will have to accommodate
his schedule.

Original Message
From: Christine Healey
Sent: Friday, February 13, 2004 9:54 AM
To: Yoel Tobin
Cc: Doug MacEachin; Tom Dowling; Nicole Grandrimo; Sarah Linden; Team 6
Subject: RE: Proposed April Hearing

Yes, I had actually. In fact, he was on one of our earlier drafts when we were going to use the
first panel to talk about the AQ threat in the US during the 90's. But I was just thinking about him
again this morning.

Even if the threat is not the focus for the first panel, he would be a good witness for the panel we
have devised. Since nothing is set in stone until it happens, we will keep him in mind.

Are there any steps we should be taking for lining up his next interview?

Original Message
From: Yoel Tobin
Sent: Friday, February 13, 2004 9:43 AM
To: Christine Healey
Cc: Doug MacEachin; Tom Dowling; Nicole Grandrimo; Sarah Linden
Subject: RE: Proposed April Hearing

Have you thought of inviting Pat Fitzgerald to testify during this hearing? (I apologize for
not thinking of him sooner).

Original Message
From: Christine Healey
Sent: Thursday, February 12, 2004 6:47 PM
To: Team Leaders
Subject: Proposed April Hearing

2/13/2004
Page 2 of 2

Here is what I sent to the Front Office this afternoon. Further revised from my
last email to Team Leaders.

2/13/2004
Page 1 of 1

Yoel Tobin

From: Yoel Tobin
Sent: Thursday, January 29, 2004 11:35 AM
To: Lance Cole; Doug Greenburg
Cc: Team 1; Team 6
Subject: RE: Fitzgerald interview

Yes. He is amenable to continuing the interview. The only problem, from his point of view, is that although he
needs to travel to DC for the leak investigation, he also needs to be in Chicago as much as possible so that he is
not an "absentee" US Attorney. So we discussed several possibilities, including finishing the interview by phone or
videoconference, going to Chicago, or him squeezing out 2-3 hours for us on one of his trips here. He said the
latter alternative would likely work for him if we were flexible and could accommodate him on short notice or at
irregular hours, e.g., the evening.

My recommendation is that Teams 1 and 4 write up the MFR, show it to you (because we did cover a little bit of
your stuff), and then approach Faith Burton of DOJ and try to reschedule him in DC for a specific # of hours.
Although your team should have priority at the next session, Team 1 would like to talk to him for another hour or
so, if possible

Original Message
From: Lance Cole
Sent: Thursday, January 29, 2004 10:39 AM
To: Yoel Tobin; Doug Greenburg
Subject: RE: Fitzgerald interview

Yoel and Doug,
Sorry I didn't make it down in time for the interview yesterday. Peter said it may be continued at a date in
February - is that right?
Thanks, Lance

1/29/2004
Page 1 of2

Yoel Tobin

From: Yoel Tobin
Sent: Tuesday, January 27, 2004 11:06 AM
To: Doug Greenburg; Christine Healey; Melissa Coffey; Graham Giusti; Doug MacEachin; Lance Cole
Cc: Melissa Coffey
Subject: RE: Fitzgerald interview •

I think the logistics are in place for tomorrow. Doug M., Doug G., and I will leave here at 9 and take a cab to
DOJ. Lance, I propose that you meet us at the main DOJ entrance, on Constitution between 9tth and 10th, at 9:20
AM. We will then go up together to the Command Center. The interview is now scheduled to last for 4 hours,
from 9:30 to 1:30, with a break in the middle. If agreeable to everyone, we will keep to the same time allotments #
described below. Also, contrary to my earlier e-mail, we will not be taping the interview. Lance, please confirm , * :/r ;
that you will meet us at 9:20 at the main DOJ entrance. Melissa, thank you for setting this up. -^^^ y.

Original Message ',X:Y^ j
From: Doug Greenburg ,
Sent: Monday, January 26, 2004 9:46 AM ixTyr-
To: Yoel Tobin; Christine Healey; Melissa Coffey; Graham Giusti; Doug MacEachin; Lance Cole ( , Ju',
Subject: RE: Fitzgerald interview

This works for me, although I may not take my full 30 minutes (famous last words for a lawyer).

Original Message
From: Yoel Tobin
Sent: Sunday, January 25, 2004 6:38 PM
To: Christine Healey; Melissa Coffey; Graham Giusti; Doug Greenburg; Doug MacEachin; Lance
Cole
Subject: RE: Fitzgerald interview

Chris: It would be fine with us, but Mike tells me that he has a conflict and cannot attend.

Melissa and Graham: If you have not already done so, could you please pass clearances over to
DOJ for Lance Cole, Doug M., Doug G., and myself? Thanks!

To all: If acceptable to everyone, which I think it is, Team 1 will lead off the questioning and take
most of the time. After us, Team 4 will take 30 minutes, and Team 6 will go last and take 45
minutes. As of now, we are scheduled for a total of 3 hours, 9:30-12:30, this coming Wednesday
at the DOJ command center. I assume that Doug G., Doug M., and I will head over together from
the K Street location - Lance, where and how would you like to meet up with us?

Finally, Melissa, can you please arrange for a recording device? And unless it's contrary to our
usual practice, I think we should let DOJ know in advance that we are planning to record the
interview in their space. Thanks.

—Original Message—
From: Christine Healey
Sent: Sunday, January 25, 2004 6:58 AM
To: Yoel Tobin
Subject: Fitzgerald interview

Yoel -

1/27/2004
Page 1 of 2

Yoel Tobin

From: Yoel Tobin
Sent: Tuesday, January 20, 2004 4:22 PM
To: Doug Greenburg; Christine Healey; Melissa Coffey; Team 1; Team 4; Team 6
Cc: Graham Giusti
Subject: RE: Pat Fitzgerald interview scheduled - need attendees

Melissa: Thanks for organizing this. Doug and I will attend from Team 1. No documents.

Graham, if you could pass clearances to DOJ at the appropriate time for me, Doug MacEachin, Doug Greenburg,
and Lance Cole, that would be great. Thanks!

Original Message
From: Doug Greenburg
Sent: Tuesday, January 20, 2004 12:43 PM
To: Christine Healey; Melissa Coffey; Team 1; Team 4; Team 6
Subject: RE: Pat Fitzgerald interview scheduled - need attendees

I will ask the Team 4 questions. I will not take more than a hour, and maybe less. No documents.

Original Message
From: Christine Healey
Sent: Tuesday, January 20, 2004 12:24 PM
To: Melissa Coffey; Team 1; Team 4; Team 6
Subject: RE: Pat Fitzgerald interview scheduled - need attendees

Lance Cole is planning to attend from Team 6. We understand that Team 1 is taking the
lead on this interview and will start off the questions. Lance will have
questions that address the systemic issues involving Justice and FBI.
Original Message
From: Melissa Coffey
Sent: Tue 1/20/2004 11:45 AM
To: Team 1; Team 4; Team 6
Cc:
Subject: Pat Fitzgerald interview scheduled - need attendees

Hello Teams 1, 4, and 6 -

We have Pat Fitzgerald scheduled for January 28th from9:30am - 12:30pmjn the>
^Command Center at JusticeXAVe are working with haitK Burton to see if we can
geTSnother hour added ^n, but at this point, we can count on three hours. Per
Faith's request, please let me know as soon as possible who will be attending from
your teams, and if you plan to show Mr. Fitzgerald any specific documents. Faith
also asked to know who would be questioning Mr. Fitzgerald if different from the
attendees.

Thank you.

Melissa Coffey
Staff Assistant
National Commission on Terrorist Attacks Upon the U.S.

1/20/2004
Page 2 of2

202-331-4080 tel
202-296-5545 fax

1/20/2004
Page 1 of 1

Yoel Tobin

From: Melissa Coffey
Sent: Friday, January 23, 2004 9:28 AM
To: 'faith.burton@usdoj.gov'
Cc: Yoel Tobin
Subject: Attendees and documents for Pat Fitzgerald interview

Good morning Faith -

I wanted to get back to you on the attendees for the Pat Fitzgerald interview on Jan. 28th. They are:
Lance Colel 9/11 Personal Privacy |
DOUg Greenburgj 9 / 1] - Personal Privacy |
DOUg MacEachJn I 9/u Personal Privacy j
Yoel Tobinl 9/ll Personal Privacy I

There are no documents that the teams are planning to show Mr. Fitzgerald.

Please contact me with any questions or concerns.

Regards,

Melissa Coffey
Staff Assistant
National Commission on Terrorist Attacks Upon the U.S.
202-3 31-4080 tel
202-296-5545 fax

1/23/2004
Page 1 of 3

Yoel Tobin

From: Yoel Tobin
Sent: Friday, January 16, 2004 2:02 PM
To: Melissa Coffey
Cc: Team 1; Team 4; Team 6
Subject: RE: fitzgerald

The interview should be conducted in a SCIF. Justice has SCIFs, but we need to make her aware of that
requirement.

If we could persuade them to hold the interview here, would there be an alternate space available, e.g.,
office?

Also, if you can talk to Graham once everything is settled, and get the appropriate clearances passed, that
be great. Thanks.

Original Message
From: Melissa Coffey
Sent: Friday, January 16, 2004 10:47 AM
To: Yoel Tobin
Subject: RE: fitzgerald

Conference room is booked solid that day. I know Faith mentioned holding the interview at Main Justice?

Melissa Coffey
Staff Assistant
National Commission on Terrorist Attacks Upon the U.S.
202-331-4080 tel
202-296-5545 fax
Original Message——
From: Yoel Tobin
Sent: Friday, January 16, 2004 10:46 AM
To: Melissa Coffey
Cc: Team 1
Subject: RE: fitzgerald

Thanks for the correction, I was misinformed. The 28th is ok for us, 10AM is ok for us, please
check with Teams 4 and 6. Thanks! If they're ok with it, we can discuss location with Justice (K
Street would be best, assuming the conference room is available).

Original Message
From: Melissa Coffey
Sent: Friday, January 16, 2004 10:39 AM
To: Yoel Tobin
Subject: RE: fitzgerald

FYI - The hearing is scheduled for the 26th and 27th, not the 28th, according to Dan
Leopold, who would know. :o)

Melissa Coffey
Staff Assistant

1/16/2004
Page 2 of3

National Commission on Terrorist Attacks Upon the U.S.
202-3 31-4080 tel
202-296-5545 fax
Original Message
From: Yoel Tobin
Sent: Friday, January 16, 2004 10:35 AM
To: Melissa Coffey
Cc: Team 1
Subject: RE: fitzgerald

Yes, please e-mail Teams 4 and 6. The date is ok with us if it's ok with the other
teams. The only thing we may need some flexibility on is the specific time of the
interview, given that Doug would like to attend part of the Commission hearing
that day. But let's first see if this date works for Teams 4 and 6, and if they have
any time restrictions that day.

Original Message
From: Melissa Coffey
Sent: Friday, January 16, 2004 10:15 AM
To: Yoel Tobin
Subject: RE: fitzgerald

Faith Burton called back, and is working with Fitzgerald's office for
January 28th at 10am here in DC. Shall I email Teams 4 and 6 to see if
that date works? It doesn't seem that we have much flexibility in the date.

Melissa Coffey
Staff Assistant
National Commission on Terrorist Attacks Upon the U.S.
202-331-4080 tel
202-296-5545 fax
Original Message
From: Yoel Tobin
Sent: Friday, January 16, 2004 9:47 AM
To: Melissa Coffey
Subject: RE: fitzgerald

Thank you

Original Message
From: Melissa Coffey
Sent: Thursday, January 15, 2004 5:05 PM
To: Yoel Tobin
Subject: fitzgerald

Left a message with Faith Burton at DOJ to get back to me with
some dates for Fitzgerald. Haven't heard back yet, will keep you
posted.

Cheers,

Melissa Coffey
Staff Assistant
National Commission on Terrorist Attacks Upon the U.S.

1/16/2004
Page 3 of 3

202-331-4080 tel
202-296-5545 fax

1/16/2004
Message Page 1 of 1

Yoel Tobin

From: Yoel Tobin
Sent: Wednesday, January 07, 2004 5:55 PM
To: Peter Rundlet
Cc: Team 1; Team 4
Subject: RE: US Attorney Fitzgerald

It's not scheduled yet. Our intention is to schedule it in DC on a date that works for your team as well as Teams 1
and 4. By the way, I have some Congressional testimony from Fitzgerald that I think will be of interest to your
team, if you don't have it already.

Original Message
From: Peter Rundlet
Sent: Wednesday, January 07, 2004 4:09 PM
To: Yoel Tobin
Subject: RE: US Attorney Fitzgerald

Hi Yoel,

When is the interview with Fitzgerald scheduled for?

Many thanks,

Peter
—Original Message—
From: Yoel Tobin
Sent: Wednesday, January 07, 2004 1:21 PM
To: Team 4; Team 6
Cc: Team 1; Steve Dunne
Subject: US Attorney Fitzgerald

In relation to the Commission's request to interview US Attorney Pat Fitzgerald:

Faith Burton of DOJ spoke to Doug MacEachin this morning, and asked us to provide a one
pager that would give Fitzgerald an idea of what he should review before the interview. Attached
is our proposed paragraph on that point. Because this will be a joint interview with Teams 4 and
6,1 would ask each of those teams to please add whatever additional paragraph(s) you think
appropriate, and then e-mail it back to me so I can send it to Faith. Thanks.

1/7/2004
r»\
A
^P
Message Pa8e 1of

Yoel Tobin

From: Doug Greenburg
Sent: Wednesday, January 07, 2004 3:12 PM
To: Yoel Tobin
Subject: Fitzgerald.paragraph

As promised, our Fitzgerald paragraph. Any idea when and where this will take place?

dng

1/7/2004
We are interested in talking to U.S. Attorney Fitzgerald about his experience
investigating and prosecuting cases related to terrorist or jihadist iundraising in the
United States. In particular, we are interested in his views on the challenges of making
criminal terrorist financing cases and any recommendations he may have about the proper
role of criminal prosecutions in the overall effort to combat the financing of Al Qaeda
and affiliated Islamic extremist groups. In addition, we are interested in his views about
the extent to which Al Qaeda and affiliated groups are raising funds in the U.S., the
effectiveness of the U.S. government effort to combat such fund raising, and any views
he may have about how to improve the effectiveness of the U.S. government efforts in
this regard.
Message Page 1 of 1

Yoel Tobin
From: Lance Cole
Sent: Wednesday, January 07, 2004 4:07 PM
To: Yoel Tobin
Cc: Team 6
Subject: RE: US Attorney Fitzgerald

Yoel,
Attached is a list of points of interest to Team 6.
Thanks, Lance

Original Message
From: Yoel Tobin
Sent: Wednesday, January 07, 2004 1:21 PM
To: Team 4; Team 6
Cc: Team 1; Steve Dunne
Subject: US Attorney Fitzgerald

In relation to the Commission's request to interview US Attorney Pat Fitzgerald:

Faith Burton of DOJ spoke to Doug MacEachin this morning, and asked us to provide a one pager that
would give Fitzgerald an idea of what he should review before the interview. Attached is our proposed
paragraph on that point. Because this will be a joint interview with Teams 4 and 6,1 would ask each of
those teams to please add whatever additional paragraph(s) you think appropriate, and then e-mail it
back to me so I can send it to Faith. Thanks.

1/7/2004
• Legal authorities and guidance relating to the Department of Justice's - and in
particular the FBI's - counterterronsm investigative activities, including but not
limited to the Foreign Intelligence Surveillance Act ("FISA"), the Attorney
General's Guidelines, and the USA PATRIOT Act;

• The working relationship between Department of Justice prosecutors in U.S.
Attorney's Offices and FBI agents in Field Offices, and in particular the
coordination and cooperation between the two in terrorism investigations and
prosecutions;

• The use of, and the obstacles to using, criminal investigative techniques, such
as the grand jury process, Title III surveillance methods, and offers of
immunity from prosecution or the opportunity to plead to reduced charges in
exchange for cooperation, in terrorism investigations;

• An assessment, based on your experience as a federal prosecutor, of the
FBI's ability to detect, disrupt, and prevent terrorist attacks upon the United
States, including the FBI's ability to perform its counterterrorism intelligence
function;

• Additional legal authorities, policy changes, or resource allocations that
would further enhance the ability of the Department of Justice and the FBI to
detect, disrupt, and prevent terrorist attacks upon the United States.
Message Page 1 of 1

Yoel Tobin

From: Yoel Tobin
Sent: Wednesday, January 07, 2004 1:21 PM
To: Team 4; Team 6
Cc: Team 1; Steve Dunne
Subject: US Attorney Fitzgerald

In relation to the Commission's request to interview US Attorney Pat Fitzgerald:

Faith Burton of DOJ spoke to Doug MacEachin this morning, and asked us to provide a one pager that would
give Fitzgerald an idea of what he should review before the interview. Attached is our proposed paragraph on
that point. Because this will be a joint interview with Teams 4 and 6,1 would ask each of those teams to please
add whatever additional paragraph(s) you think appropriate, and then e-mail it back to me so I can send it to
Faith. Thanks.

1/7/2004
Potential Areas of Inquiry for Interview with U.S. Attorney Patrick Fitzgerald

- We are interested in his knowledge of the history and growth of Al Qaeda, its ties to
other terrorist cells and organizations, its contacts with governments or elements thereof,
and the terrorist attacks and terrorist plots that Al Qaeda or related groups have executed
or attempted to execute from Al Qaeda's founding through and including September 11,
2001. Thus, he may wish to review important parts of the trial record in the major
terrorism cases in which he participated or of which he is knowledgeable, including, but
not limited to, the transcript of the Embassy Bombings trial, as well as FBI-302s and
other information provided by key witnesses in these trials.
Page 1 of 1

Yoel Tobin

From: Steve Dunne
Sent: Tuesday, January 06, 2004 2:06 PM
To: Melissa Coffey; Dan Marcus
Cc: Yoel Tobin
Subject: RE: Interview request of Pat Fitzgerald

Dan Levin will have someone get back to us with a proposed date. If we don't hear within a day or
two, you can give Faith Burton at DOJ a call about this.

Original Message
From: Melissa Coffey
Sent: Tuesday, January 06, 2004 11:25 AM
To: Steve Dunne; Dan Marcus
Cc: Yoel Tobin
Subject: Interview request of Pat Fitzgerald

Hi Dan and Steve -

Team 1 is wondering if we've heard from Justice about scheduling Patrick Fitzgerald from the US
Attorney's office in Chicago? In the interview request you sent out we asked them to provide a date by
Dec. 31. If we haven't heard from them, is it now appropriate to call Justice? Thank you.

Melissa Coffey
Staff Assistant
National Commission on Terrorist Attacks Upon the U.S.
202-331-4080 tel
202-296-5545 fax

1/6/2004
Page 1 of 1

Yoel Tobin

From: Steve Dunne
Sent: Tuesday, January 06, 2004 11:41 AM
To: Melissa Coffey; Dan Marcus
Cc: Yoel Tobin
Subject: RE: Interview request of Pat Fitzgerald

We can ask Dan Levin about this at a meeting we will have in a few hours.

Original Message
From: Melissa Coffey
Sent: Tuesday, January 06, 2004 11:25 AM
To: Steve Dunne; Dan Marcus
Cc: Yoel Tobin
Subject: Interview request of Pat Fitzgerald

Hi Dan and Steve -

Team 1 is wondering if we've heard from Justice about scheduling Patrick Fitzgerald from the US
Attorney's office in Chicago? In the interview request you sent out we asked them to provide a date by
Dec. 31. If we haven't heard from them, is it now appropriate to call Justice? Thank you.

Melissa Coffey
Staff Assistant
National Commission on Terrorist Attacks Upon the U.S.
202-331-4080 tel
202-296-5545 fax

1/6/2004
Thomas H Kean
CHAIR
DOJ INTERVIEW REQUEST NO. 3
Lee H. Hamilton
VICE CHAIR

Richard Ben-Veniste
The National Commission on Terrorist Attacks Upon the United States
(the "Commission") requests an interview with the following U.S.
Fred F. Fielding Department of Justice official during January 2004 in Washington, D.C.,
Jamie S. Gorelick if possible. Please provide a proposed date, time, and location for this
interview no later than December 31, 2003. The anticipated length of
Slade Gorton this interview is four hours.
Bob Kerrey
1. United States Attorney Patrick Fitzgerald
John Lehman

Timothy J. Roemer The Commission anticipates that this interview may involve the
discussion of classified information. The Commission reserves the right
James R Thompson
to re-interview this individual based on the results of the requested
interview and the needs of the Commission.
Philip D. Zelikow
EXECUTIVE DIRECTOR
December 19, 2003 Daniel Marcus
General Counsel

TEL (202) 331-4060
FAX (202) 296-5545
www.9-1 lcommission.gov
Pagel ofl

Yoel Tobin

From: Steve Dunne
Sent: Friday, December 19, 2003 12:22 PM
To: 'faith.burton@usdoj.gov'
Cc: 'dan.levin@usdoj.gov'; Dan Marcus; Team 1; Dianna Campagna
Subject: DOJ interview request no. 3

Faith: Attached as a Word document is DOJ interview request no. 3. We have already spoken to Dan
Levin about this request. Please call Doug MacEachin at 202-331-4070 or Yoel Tobin at 202-331-4071
with any questions about this request and to arrange for this interview. Feel free to call Dan M. or me
as well if any issues arise. Thanks. Steve

12/22/2003
Page 1 of 1

Yoel Tobin

From: Melissa Coffey
Sent: Thursday, December 18, 2003 12:17 PM
To: Steve Dunne
Cc: Team 1
Subject: DOJ interview request from Team 1

Hi Steve - Here is an interview request from Team 1 for US Attorney Patrick Fitzgerald. Doug MacEachin/Yoel
Tobin are the POC for substantive issues, and I can do the scheduling.

Thanks.

Melissa Coffey
Staff Assistant
National Commission on Terrorist Attacks Upon the U.S.
202-3 31-4080 tel
202-296-5545 fax

12/18/2003
Thomas H. Kean
CHAIR
DOJ INTERVIEW REQUEST NO. X
Lee H. Hamikon
VICE CHAIR

Richard Ben-Veniste
The National Commission on Terrorist Attacks Upon the United States
(the "Commission") requests an interview with United States Attorney
Fred F. Fielding Patrick Fitzgerald during the middle of January, 2004. Please provide a
Jamie S. Gorelick proposed date and time for the interview, to be held at the Commission's
K Street offices if possible, no later than December XX, 2003. The
Skde Gorton anticipated length of the interview is four to six hours.
Bob Kerrey
The Commission anticipates that these interviews will involve the
John F. Lehman
discussion of classified information. The Commission reserves the right
Timothy J. Roemer to re-interview this individual based on the results of the requested
interview and the needs of the Commission.
James R Thompson

December XX, 2003 Daniel Marcus
Philip D. Zelikow
EXECUTIVE DIRECTOR General Counsel

TEL (202) 331-4060
FAX (202) 296-5545
www.9-1 lcommission.gov
Message Page 1 of 1

Yoel Tobin

From: Yoel Tobin
Sent: Friday, January 23, 2004 12:57 PM
To: Dieter Snell; Nicole Grandrimo; Sarah Linden; Thomas Dowling
Subject: DRAFT OUTLINE FOR FITZGERALD INTERVIEW - TS/SCI

fyi, I welcome any comments. I've also given Doug a paper copy. The interview i^Wed. the 28th - if you have
any comments, the sooner the better. Thanks!

(>

1/23/2004
Mail:: INBOX: RE: Interviewing US Attorney Pat Fitzgerald Page 1 of 1

91.52MB / 476.84MB (19.19%)
Date: Tue, 28 Oct 2003 17:26:06 -0500
From: "" <sdunne@9-11 commission.gov>^
To: "" <skaplan@9-11commission.gov><S, Stephanie Kaplan <skaplan@9-11commission.gov>^P
Cc: "" <ytobin@9-11commission.gov>4f,"" <dleopold@9-11commission.gov>4P,"" <team1@9-11commission.gov><ff,"" <team6@9-
11 commission.gov>4P, 'Front Office' <frontoffice@9-11commission.gov>4P
Subject: RE: Interviewing US Attorney Pat Fitzgerald
At a minimum, we would have to send any request for Fitzgerald through Dan
Levi n at D03.
Quoting Stephanie Kaplan <skaplan@9-llcommission.gov>:
>
>
> Probably not, but that is a decision for the front office to make. I am
> cc'ing them on this message.
>
> original Message
> From: ytobin@9-llcommission.gov [mailto:ytobin@9-llcommission.gov]
> Sent: Monday, October 27, 2003 11:47 AM
> To: skaplan@9-llcommission.gov; dleopold@9-llcommission.gov
> Cc: teaml@9-llcommission.gov; team6@9-llcommission.gov
> Subject: interviewing us Attorney Pat Fitzgerald
>
>
>
> Team 1 is planning to interview us Attorney Pat Fitzgerald, and I
> suspect that
> other teams would also be interested in talking to him. is his current
> position as US Attorney sufficient to put him on the Tier B list?

http://kinesis.swishmail.conVwebmail/imp/message.php?actionID=148&mailbox=INBOX&bodypart=Sbo... 10/29/03
Mail:: INBOX: RE: Interviewing US Attorney Pat Fitzgerald Page 1 of 1

89.98MB /476.84MB (18.87%)
Date: Mon, 27 Oct 2003 11:52:41 -0500
From: Stephanie Kaplan <skaplan@9-11commission.gov><^
To: "" <ytobin@9-11commission.gov>^,"" <dleopold@9-11 commission.govxff
Cc: "" <team1 @9-11commission.gov><S,"" <team6@9-11commission.gov>^, 'Front Office' <frontoffice@9-
11commission.gov>4|
Reply-to: "" <skaplan@9-11commission.gov>^
Subject: RE: Interviewing US Attorney Pat Fitzgerald

Probably not, but that is a decision for the front office to make. I am
cc'ing them on this message.
Original Message
From: ytobi n@9-llcommi ssion.gov [mai1 to:ytobi n@9-llcommi ssion.gov]
Sent: Monday, October 27, 2003 11:47 AM
TO: skaplan@9-llcornmission.gov; dleopold@9-llcommission.gov
Cc: teaml@9-llcommission.gov; team6@9-llcommission.gov
Subject: interviewing US Attorney Pat Fitzgerald

Team 1 is planning to interview US Attorney Pat Fitzgerald, and I
suspect that
other teams would also be interested in talking to him. is his current
position as us Attorney sufficient to put him on the Tier B list?

http://kinesis.swishmail.com/webmail/imp/message.php?actionID=148&mailbox=INBOX&... 10/28/03
F~
Items: Interviewing US Attorney Pat Fitzgerald Page \f j

88.24MB/476.84MB (18.51%)
Date: Mon, 27 Oct 2003 11:47:14 -0500
From: "" <ytobin@9-11commission.gov>4P
To: "" <skaplan@9-11commission.gov><P,"" <dleopold@9-11commission.gov>#
Cc: "" <team1 @9-11 commission.gov>40,"" <team6@9-11commission.gov>^
Subject: Interviewing US Attorney Pat Fitzgerald

Team 1 is planning to interview US Attorney Pat Fitzgerald, and I suspect that
other teams would also be interested in talking to him. is his current
position as us Attorney sufficient to put him on the Tier B list?
Mail:: INBOX: RE: Interviewing US Attorney Pat Fitzgerald Page 1 of 1

88.58MB / 476.84MB (18.58%)
Date: Mon, 27 Oct 2003 11:52:54 -0500
From: Barbara Grewe <bgrewe@9-11commission.gov>4f
To: "" <ytobin@9-11 commission.gov>41,"" <skaplan@9-11commission.gov>4P,"" <dleopold@9-
11 commission.gov> 4P
Cc: "" <team1 @ 9-11 commission .gov>4f,"" <team6@9-11commission.gov>4f
Subject: RE: Interviewing US Attorney Pat Fitzgerald
Yoel:

You probably want to know that Fitzgerald was interviewed in relation to the
DIG investigation. There is a tape recording of the interview here at GSA.
For the record, he speaks very quickly! I do not believe that Team 6 will
need to interview him for our piece.
Barbara A. Grewe

Original Message
From: ytobi n@9-llcommi ssion.gov [mai1 to:ytobi n@9-llcommi ssion.gov]
Sent: Monday, October 27, 2003 11:47 AM
To: skaplan@9-llcommission.gov; dleopold@9-llcommission.gov
Cc: teaml@9-llcommission.gov; team6@9-llcommission.gov
Subject: interviewing us Attorney Pat Fitzgerald

Team 1 is planning to interview US Attorney Pat Fitzgerald, and I suspect
that
other teams would also be interested in talking to him. is his current
position as us Attorney sufficient to put him on the Tier B list?

http://kinesis.swishmail.com/webmail/imp/message.php?actionID=148&mailbox=INBOX&... 10/27/03
Page 1 of 1

Yoel Tobin

From: Yoel Tobin
Sent: Friday, April 02, 2004 3:39 PM
To: Lance Cole; Christine Healey
Subject: FITZGERALD MFR

Please check your classified e-mail. Thanks!

4/2/2004
Message Page 1 of 1

Yoel Tobin

From: Yoel Tobin
Sent: Friday, April 02, 2004 3:25 PM
To: Lance Cole
Cc: Christine Healey
Subject: 3-11-04 MFR Patrick Fitzgerald (Secret, LES, NF, OC)

Lance:

Attached is my portion of the MFR for the Fitzgerald interview.

Yoel

4/2/2004
WITH DRAWAL NOTICE

RG: 148
Box: 00010 Folder: 0026 Document: 10
Series: Team 1 Files

Copies: 1 Pages: 2

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: Pat Fitzgerald
Document Date: 03-11-2004
Document Type: Memo of Conversation
From:
To:

Subject: Interview of Patrick J. Fitzgerald

In the review of this file this item was removed because access to it is
restricted. Restrictions on records in the National Archives are stated in
general and specific record group restriction statements which are available
for examination.

NND: 281
Withdrawn: 04-18-2008 by:

RETRIEVAL #: 281 00010 0026 10
Pagel ofl

Yoel Tobin

From: Christine Healey
Sent: Wednesday, March 10, 2004 11:33 AM
To: Yoel Tobin; 'Kim Cole'
Cc: Team 6
Subject: Pat Fitzgerald tomorrow

Fitzgerald is available from 10-12 (sharp) tomorrow at the DoJ Headquarters Command Center Situation Room.

I will send your vital statistics to Faith Burton if you don't already have a DoJ badge.

3/10/2004
Message Page 1 of 1

Yoel Tobin

From: Yoel Tobin
Sent: Wednesday, January 07, 2004 7:03 PM
To: 'Faith.Burton@usdoj.gov'
Cc: Team 1; Team 4; Team 6; Steve Dunne
Subject: United States Attorney Fitzgerald

Faith,

Per your conversation with Doug MacEachin today, attached are potential areas of inquiry for our proposed
interview with United States Attorney Patrick Fitzgerald. We will be in touch shortly about setting a date and
venue. Thanks for all your assistance.

Yoel

1/7/2004
Potential Areas of Inquiry for Interview with U.S. Attorney Patrick Fitzgerald

• The history and growth of Al Qaeda;

• Al Qaeda's ties to other terrorist cells and organizations;

• Al Qaeda's ties to governments or elements thereof;

• Any attempts by Al Qaeda to acquire weapons of mass destruction;

• Terrorist attacks and terrorist plots that Al Qaeda or related groups have executed
or attempted to execute from Al Qaeda's founding through September 11, 2001,
including those prosecuted in the Southern District of New York during Mr.
Fitzgerald's tenure there;

• Mr. Fitzgerald's experience investigating and prosecuting cases related to terrorist
or jihadist fundraising in the United States;

• His views on the challenges of making criminal terrorist financing cases and any
recommendations he may have about the proper role of criminal prosecutions in
the overall effort to combat the financing of Al Qaeda and affiliated Islamic
extremist groups;

• His views about the extent to which Al Qaeda and affiliated groups are raising
funds in the U.S., the effectiveness of the U.S. government effort to combat such
fund raising, and any views he may have about how to improve the effectiveness
of the U.S. government efforts in this regard;

• Legal authorities and guidance relating to the Department of Justice's - and in
particular the FBI's - counterterrorism investigative activities, including but not
limited to the Foreign Intelligence Surveillance Act ("FISA"), the Attorney
General's Guidelines, and the USA PATRIOT Act;

• The working relationship between Department of Justice prosecutors in U. S.
Attorney's Offices and FBI agents in Field Offices, and in particular the
coordination and cooperation between the two in terrorism investigations and
prosecutions;

• The use of, and the obstacles to using, criminal investigative techniques, such
as the grand jury process, Title III surveillance methods, and offers of
immunity from prosecution or the opportunity to plead to reduced charges in
exchange for cooperation, in terrorism investigations;

• An assessment, based on his experience as a federal prosecutor, of the FBI's
ability to detect, disrupt, and prevent terrorist attacks upon the United States,
including the FBI's ability to perform its counterterrorism intelligence
function;

Additional legal authorities, policy changes, or resource allocations that
would further enhance the ability of the Department of Justice and the FBI to
detect, disrupt, and prevent terrorist attacks upon the United States.