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U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

September 3, 2003

Dan Marcus, General Counsel
National Commission on Terrorist
Attacks Upon the United States
2100 K Street, NW, Suite 300
Washington, DC 20036

Dear Mr. Marcus:

This responds to the Commission's Document Request No. 3 to the Department, which
requested exhibits and other particular documents from United States v. Enaam M. Arnaout, No.
02-CR-892 (N.D. 111.).

In the next few days, we expect to provide 4,295 pages of material from the United States
Attorney's Office for the Northern District of Illinois in response to this request. Enclosed with
this letter is one document,(an organizational chart,)from that collection, which we are providing
on an expedited basis in response to a Commission staff request. The Department requests that
the Commission agree to maintain the confidentiality of this document and the remaining
,4 >*•«<•*.
materials, pending our final consultation with the Central Intelligence Agency. These documents
have been imaged on CD13, which will be provided as soon as we are notified of the
Commission's format preferences.

I hope that this information is helpful. Please do not hesitate to contact me if you would
like additional assistance regarding this matter.

Sincerely,

William E. Moschella
Assistant Attorney General

Enclosure
WITH DRAWAL NOTICE

RG: 148
Box: 00010 Folder: 0027 Document: 11
Series: Team 1 Files

Copies: 1 Pages: 1

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: Document Requests: DOJ 3
Document Date:
Document Type: Chart
From:
To:

Subject: organization chart

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Withdrawn: 04-23-2008 by: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 11
9/11 Closed by Statute

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Mail:: INBOX: DOJ document request no. 3 Page 1 of 1

41 .39MB / 476.84MB (8.68%)
Date: Fri, 18 Jul 2003 09:43:08 -0400
From: "" <sdunne@9-11commission.gov>4f
To: "" <faith.burton@usdoj.gov>4P
Cc: "" <john.knepper2@usdoj.gov>4P, "" <dmarcus@9-11commission.gov>4f , "" <team1 @9-11commission.gov>4P,
"" <dcampagna@9-11commission.gov>4P'
Subject: DOJ document request no. 3
Part(s): g 2 DOJ Document Request No 3.doc application/msword 80.39 KB @

Faith -- Attached as a Word document is DOJ document request no. 3. Please
call Doug MacEachin at 202-331-4070 with any questions and to arrange
production. Feel free to call Dan Marcus or me as well if any issues arise.
Thanks . Steve

.
/

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HOMAS H Page 1 of 2

DOJ DOCUMENT REQUEST NO. 3
Thomas H. Kean
The National Commission on Terrorist Attacks Upon the United States (the
CHAIR "Commission") requests that the U.S. Department of Justice ("DOJ" or the
"respondent") provide the Commission with copies of the following
Lee H. Hamilton documents no later than August 1, 2003 (the "production date"):

VICE CHAIR 1. All exhibits filed as part of the "Government's Evidentiary Proffer
Supporting
the Admissibility of Coconspirator Statements" in United States v.
Richard Ben-Veniste Enaam M.
Arnaout. No. 02-CR-892 (N.D. 111.).
Max Cleland
2. The handwritten organizational chart that is referenced in footnote 19 of
Fred F. Fielding the "Government's Evidentiary Proffer Supporting the Admissibility of
Coconspirator Statements" in United States v. Enaam M. Arnaout. No.
Jamie S. Gorelick 02-CR-892
(N.D. 111.).
Slade Gorton
3. To the extent not already covered by the preceding requests, English
John Lehman translations of the contents of the CD-ROM and hard drive that are
referenced
Timothy J. Roemer in the opening paragraph of Part ELD (titled "BIF's Archive") of the
"Government's Evidentiary Proffer Supporting the Admissibility of
James R. Thompson Coconspirator Statements" in United States v. Enaam M. Arnaout. No.
02-CR-892 (N.D. 111.), including the "Tareekh Osama" file, the
"Tareekh Al Musadat" file, and the "Al Jabal" file. However, this
Philip D. Zelikow request (paragraph 3) should not be construed to include any materials
that are unrelated to terrorism, terrorist organizations, terrorist
EXECUTIVE personnel, terrorist training camps, terrorist fundraising, or other
DIRECTOR terrorist
or violent activity.

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.

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HOMAS H Page 2 of 2

July 18, 2003 Daniel Marcus

General Counsel

DOJ Document Request No. 3

Page 2

xj 0x01 graphic

TEL (202) 331-4060

FAX (202) 296-5545

www.9-1 lcommission.gov

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DOJ DOCUMENT REQUEST NO.

The National Commission on Terrorist Attacks Upon the United States ("the
Commission") requests that the Department of Justice (the "DOJ" or the "respondent")
provide the Commission with the following materials no later than July , 2003 (the
"production date"):

1. All exhibits filed as part of "Government's Evidentiary Proffer Supporting the
Admissibility of Coconspirator Statements" in United States v. Enaam M. Arnaout.
No. 02 CR 892 (N.D. HI.).

2. The handwritten organizational chart that is referenced in footnote 19 of the
"Government's Evidentiary Proffer Supporting the Admissibility of Coconspirator
Statements" in United States v. Enaam M. Arnaout. No. 02 CR 892 (N.D. HI.).

3. To the extent not already covered by the preceding requests, the contents of the CD-
ROM and hard drive that are referenced in the opening paragraph of Part JJ.D (titled
"BIFs Archive") of "Government's Evidentiary Proffer Supporting the
Admissibility of Coconspirator Statements" in United States v. Enaam M. Arnaout.
No. 02 CR 892 (N.D. HI.) (including, but not limited to, the 'Tareekh Osama" File,
the 'Tareekh Al Musadat" File, and the "Al Jabal" file), together with English
translations of those contents.

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 question's 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.

July _, 2003
Daniel Marcus
General Counsel