You are on page 1of 8

Page 1 of 1

l;9/ll Closed by S t a t u t e

Yoel Tobin

From: Yoel Tobin / Ij \: Thursday, January 08, 2004 1 :J4J5 Plv)

TO:9/11 Closed by Statute / I i
Co: Steve Dunne / M \: RE: DCI document request no. 2.9

Thank you for the suggestion -- thru this 4-rrjail I am alerting Steve Dunne to,this, as well. Thanks.

Qr[ainal Message—4- I I
9/11 Closed by Statute
Sent: Thursday, January 08, 2004 11:32 Al
To: Yoel Tobin / i \: Re: DCI document request no. 29

thanks, would be helpful in ari unclassified context if the document itself referred to the fact that
your information comes from an ppen source a la CIA briefing request #6, thanks

Yoel Tobin wrote: I \t request iS based on an article in the Wall Street Journal of December 20,

2002, entitled "Friend or;Foe: The Story of a Traitor to al Qaeda[:] Divided Allegiances in
Yemen Undo the Betrayier, Who Himself is Betrayed."
Yoel I \l Message-!-—

From: Steve Dgnne i
Sent; Thursday, January 08, 2004 9:57 AM

Cc: Yoel Tobin
Subject: RE: DCI document request no. 29
My understanding is that all the information in the request came from a Wall Street
Journal article. If you; still think it needs to be classified, please talk to Yoel.
Thanks. i \l Message—

From;! I I
Sent: Wednesday, January 07, 2004 6:22 PM
To: Steve Durine
Subject: Re: DCI document request no. 29
steve: this should have been classified.

Steve Dunne iwrote:

[Attached as a Word document is Dd document
request no. 29. Please call Yoel Tobin at 202-331-4071
with any questions about this request and to arrange for
production. Feel free to call Dan or me as well if any
issues arise. Thanks. Steve

1/8/2004
,:/9/ll Closed by Statute Page 1 of 1

Yoel Tobin

From: Steve Du.nne .
Sent: Wednesday, January 07, 2004 5:05 PM

Cc: 'Dan.Levin@usdoj.gov'; Dan Marcus; Team 1; Dianna Campagna
Subject: DCI document request no. 29

| I Attached as a Word document is DCI document request no. 29. Please call Yoel Tobin at 202-
331-4071 with any questions about this request and to arrange for production. Feel free to call Dan or
me as well if any issues arise. Thanks. Steve

1/7/2004
^ UNITED13 '

Thomas H. Kean DCI DOCUMENT REQUEST No. 29
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States (the
Richard Ben- Veniste
"Commission") requests that the Director of Central Intelligence (DCI or the
"respondent") provide the Commission with copies of the following documents no
Fred F. Fielding later than January 21, 2004 (the "production date"):
Jamie S. Gorelick
1. All statements, debriefings, reports, documents, videotapes, audiotapes, or other
Slade Gorton materials deriving from or relating to Ahmed Nasrallah, aka Abu Ibrahim al
Bob Kerrey Masry.
John Lehman 2. To the extent not already produced in response to item 1 above, all statements,
Timothy J. Roemer debriefings, reports, documents, videotapes, audiotapes, or other materials
relating to a purported 1998 defector from al Qa'ida who allegedly approached
James R Thompson
the Yemeni intelligence agency, which then allegedly alerted al Qa'ida.
Philip D. Zelikow To the extent the requested materials are not in English but have been translated into
EXECUTIVE DIRECTOR
English, the Commission requests copies of the English translations rather than
copies of the originals.

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

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

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

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

January 7, 2004 Daniel Marcus, General Counsel

TEL (202) 331-4060
FAX (202) 296-5545
www.9-1 lcommission.gov
Message Page 1 of 2

Yoel Tobin

From: Chris Kojm
Sent: Wednesday, January 07, 2004 1:02 PM
To: Yoel Tobin; Steve Dunne
Cc: Team 1
Subject: RE: DCI Doc Request on Yemeni Defector

Yoel -- OK - let's go with your re-formulation.

Steve -1 clear

Original Message
From: Yoel Tobin
Sent: Wednesday, January 07, 2004 11:29 AM
To: Chris Kojm
Cc: Team 1; Steve Dunne
Subject: RE: DCI Doc Request on Yemeni Defector

According to a WSJ article (I am putting a copy in your box), a veteran jihadist walked into the Yemeni
PSO, offered to help unravel UBL's network, and gave valuable information about AQ and jihadists (e.g.,
where militants, including Zawahiri, were hiding; location of AQ encampments in Yemen; and extremists'
weaponry, security, and violent plans for the future, including a jihad to turn Yemen into a new
Afghanistan). The Yemeni PSO debriefed the defector -- and then tipped off AQ. Bin Laden's people
grabbed the defector, grilled him, and made plans to have him killed, but he escaped and made his way
to Egypt, where he was jailed and interrogated.

In rereading the document request, we could perhaps make it a bit more precise by saying, in #2,

"to the extent not covered by # 1 above, all statements, debriefings, reports, documents, videotapes,
audiotapes, and other materials relating to a purported 1998 defector from Al Qaeda who allegedly
approached the Yemeni intelligence agency, which then alerted Al Qaeda."

Also, there is one other aspect of this that we can discuss off-line.

Original Message
From: Chris Kojm
Sent: Tuesday, January 06, 2004 5:53 PM
To: Yoel Tobin
Cc: Steve Dunne
Subject: FW: DCI Doc Request on Yemeni Defector

Yoel - Don't know if your request is garbled. This guy was interrogated by Yemeni intelligence,
and then turned over to al-Qaeda?????

Original Message
From: Steve Dunne
Sent: Tuesday, January 06, 2004 5:38 PM
To: Front Office
Subject: FW: DCI Doc Request on Yemeni Defector

For your review.

—Original Message—
From: Yoel Tobin

1/7/2004
age Page 2 of2

Sent: Wednesday, December 31, 2003 12:37 PM
To: Dan Marcus; Steve Dunne
Cc: Team 1; Team 1A; Team 3
Subject: DCI Doc Request on Yemeni Defector

Dan:

Here is a proposed document request, based on a Wall Street Journal article will stick
a copy of the article in your box.

Yoel

1/7/2004
DCI DOCUMENT REQUEST NO.

The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Director of Central Intelligence (DCI or "respondent")
provide the Commission with copies of the following documents and other materials no
later than January , 2004 (the "production date"):

1. all statements, debriefings, reports, documents, videotapes, audiotapes, and other
materials deriving from or relating to Ahmed Nasrallah, aka Abu Ibrahim al
Masry;

2. to the extent not covered by #1 above, all statements, debriefings, reports,
documents, videotapes, audiotapes, and other materials relating to a purported 1998
defector from Al Qaeda who allegedly approached the Yemeni intelligence agency,
was interrogated by it, and then turned over to al Qaeda.

To the extent these materials are not in English but have been translated into English, we
would request copies of the English translations rather than the original materials.

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

If any requested materials 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 item or class of items, 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 materials
but has information about where such materials 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.

December ,2003
Daniel Marcus

General Counsel
December 20, 2002 10:23 a.m. EST

PAGE ONE

December 20, 2002
Friend or Foe: The Story Of a Traitor to al Qaeda Divided Allegiances in Yemen Undo
The Betrayer, Who Himself Is Betrayed

By ANDREW HIGGINS and ALAN CULLISON Staff Reporters of THE WALL STREET
JOURNAL

SANAA, Yemen - Fed up after two decades of Islamist plotting, the veteran Egyptian
militant decided to jilt the jihad. In early 1998, he walked into the heavily guarded
offices of Yemen's intelligence agency, the Political Security Organization, with a
startling proposal: He could help unravel Osama bin Laden's network.

He disclosed the hiding places in Yemen of foreign terrorists, including one who would
shortly become Mr. bin Laden's chief lieutenant. He described the extremists'
weaponry, security and violent plans for the future. He revealed the locations of al
Qaeda encampments in and around Marib, a desert region scattered with ruins of the
biblical kingdom of Sheba.

But instead of cracking down on the militants, members of Yemen's security service
tipped them off. Mr. bin Laden's acolytes grabbed their turncoat, grilled him about his
treachery and made plans to send him to Afghanistan to be killed. What should have
been a triumph in a shadowy struggle against terrorism became an intelligence coup for
the terrorists. Safe in Yemen, they went on to launch a string of attacks there, from the
bombing of the USS Cole to an assault on a French oil tanker, the Limburg, this fall.

On Nov. 3, more than four years after the warning about camps in Marib, the desert
region was targeted for a lethal assault - not by the Yemenis but by the Central
Intelligence Agency. Monitoring satellite-telephone chit-chat, the CIA tracked two
Toyotas carrying suspected al Qaeda members across the desert. An unmanned U.S.
spy plane then fired a Hellfire missile that incinerated six people, including Qaed Salim
Sinan al-Harethi, a Yemeni suspected of helping organize the Cole attack.

The missile strike blew a hole in a diplomatic fagade, as well. After Sept. 11, President
Bush gave the world a simple choice: "Either you are with us or you are with the
terrorists." Yemen - Mr. bin Laden's ancestral homeland - and other hotbeds of
Islamist sentiment such as Pakistan and Saudi Arabia declared themselves "with us."
Their leaders pledged unequivocal support for the struggle against al Qaeda. But within
these nations' bureaucracies, not to mention their citizenries, the lines of loyalty are
fuzzy.

The U.S.-Yemen relationship is unusually delicate today, after the U.S. asked Spain's
WITH DRAWAL NOTICE

RG: 148
Box: 00010 Folder: 0027 Document: 3
Series: Team 1 Files

Copies: 1 Pages: 1

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: Document Requests: DCI 29
Document Date: 12-23-2003
Document Type: Note/Notes
From: Yoel Tobin
To: Team 3

Subject: e-mail re: DCI Document Request #29

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: 04-23-2008 by:

RETRIEVAL*: 281 00010 0027 3

i*A*^n^AS

/LJ&4S L&^