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aa Rust oydeey NATIONAL SECURITY COUNCIL WASHINGTON, D.c. 20504 AN fan! April 7, 2004 Daniel Marcus, Esq, WAS General Counsel, eee ce Ninn ONbr~ ‘Dear Mr. Marcus: Consistent with the President's clearly stated a policy of strong support for the National Commission on Terrorist Attacks Upon the United States (“Commission”), and upon the specific request of you and Executive Director Zelikow, we are willing to lend the Commission several Executive Office of the President (EOP) documents from this morning until the conclusion of Dr. Rice’s testimony tomorrow. As we discussed last night, these documents, which you have advised us are “core” to your hearing preparations, are: A set of documents prepared by Richard Clarke, with cover note dated January 25, 2001; Memorandum from Roger Cressey/Richard Clarke to Dr. Rice dated September 3, 2001, entitled “September 4 Principals Committee Meeting on Counterterrorism;” and © The draft of what became our policy directive on eliminating al-Qa'ida following an NSC Principals Committee meeting of September 4, 2001. We will this morning lend copies of the original classified documents to you. We also plan to provide you shortly with versions that have been declassified to the extent possible in order to aid in questioning by Commissioners at the hearing. These documents are currently being reviewed by CIA according to their normal declassification process. As we discussed, the EOP and the Commission agree that these materials are, and remain, the property of the EOP, that they are on loan to the Commission until the conclusion of Dr. Rice’s testimony tomorrow, and that this loan sets no precedent. In addition, you have agreed that: these documents will be stored and handled by the Commission Security Officer, or his designee, in accordance with applicable regulations; no copies will be made, or verbatim notes taken, from these documents; that records will be kept of who reviews these documents; that they will be reviewed only by ‘Commissioners and staff previously designated to have access to these EOP materials; and that there will be no discussions of the contents of these documents other than with and between Commissioners and previously designated staff. se afeoy - Herons Mi ae ad (puted. up by pax |hern Separately, although we agree that it is not a “core” document, we have agreed to loan the Commission, until the conclusion of Dr. Rice’s testimony, a copy of Dr. Rice’s draft 9/11 address on arms control/missile defense issues which, as you know, was neither final, nor ready for delivery at the time of the attacks. Thope the Commission finds this extraordinary accommodation helpful to its work and look forward to continuing to work with you. Sincerely, John B. Bellinger, III Senior Associate Counsel to the President Legal Adviser to the National Security Council ‘yooe “ee sequsandas patopdn, XINO 3SN NOISSINNOD HOS vara uo O8N 1 pauinyay ware} w0osh or pauina om) wasn} 91 pouty ora wo osn| 1 pousmay| 16 uo porontap wood any 0 yoeads 9 EI 1 Ado Tom ON cI peu] T Irae SEN i ous] EwHUITEEG| (hore ON a pag waLIRAOg] ‘SPORTOD] ~ 081046) OBLO¥O) e0810%9) pacar \rorzarro 3 weg 18674 98 /er4 x09 ise weg "sane | UaOP BOG) ‘BPOHLOPO) uown20g, (porzorro PeB507 ANO 3SN NOISSININOD Os