0, 2003

-'TA
4:10PM 9 - 1 1 COMMISSION NO, 0 1 7 9 ' P . 9"

JAMES M. BEGLEY
DEPUTY GENERAL COUNSEL

225 PARK AVENUE SOUTH

13TH FLOOR
NEW YORK. NY 10003

(212) 435-3502
FAX (212) 435-3534

August 1,2003

James Farmer, Esq.

Senior Counsel
John Azzarello, Esq.
Counsel
National Commission on Terrorist Attacks Upon the United States
26 Federal Plaza - 13th Floor
New York, NY 10278

Messrs. Farmer and Azzarello:

I am enclosing in response to Document Request No. 1, the materials listed on the

attached index. We have attempted to reference each item listed to a specific numbered
request

We will continue our efforts to locate materials responsive to your request and will
provide the materials as we locate them.

Very truly yours,

•James M.
Deputy General Counsel

Enclosures
u. -20. 2003 4: 10PM 9-11 COMMISSION NO. 0179" P. 10

Req.No.l
-Fire Investigation Report of the National Fire Protection Association
-Smoke Management Evaluation Study of
The World Trade Center Complex by Hughes Associates
-The World Trade Center Fall 1995
Emergency Procedures Manual

Req. No. 2
-The World Trade Center
Emergency Procedures Manual 2001
-The World Trade Center Fire Safety Plan
Revised January 1999
-Two video tapes titled: WTC Tenant Fire
Safety (1996) & Port Authority/ FDNY WTC Training

Req. No. 3
-14 compact audio discs containing 9/11 radio transmissions with cover Memorandum of July 28,2003
explaining content and usage and attaching Logging Recorder/Index tape along letter of explanation.
-Port Authority Police Handwritten Reports
On Events of 9/11/01
-Computer Aided Dispatched Reports for facility police response for CPD, PATH, JFK, EWR and LGA

Req. No. 4
-A Compact Video Disc of Briefings between 9/11 and 9/20/01
-Port Authority of NY & NJ Criminal Complaint Report
-Port Authority Police Injury on Duty Reports Occurring on 9/11/01 --*-
-Injury On Duty Reports Related To 9/11/01 Recovery Efforts After 9/11/01
AUG. 20. 2003 4:10PM COMMISSION 0179-

JAMES M SEGLEV
OtPUTY GcNERAi COUNSEL

225 PARK AVENUE SOUTH

I3TH FLOOR
NEW YORK, NY 10003

(212) 135-3502
FAX (212) 435-3584
August 13, 2003

James Farmer, Esq.

Senior Counsel
John Azzarello, Esq.
Counsel
National Commission on Terrorist Attacks Upon the United States
26 Federal Plaza - 13th Floor
New York, NY 10278

Messrs. Farmer and Azzarello:

I am enclosing the Port Authority's first supplement production of documents in response

to your office's Document Request No. 1.

The documents are described on the attached listing and we have indicated which
documents on it we believe should be treated as confidential, Most of the materials in
this group relate to the 1993 bombing of the World Trade Center and our original copies
were in most cases lost on 9/11/01. We have reproduced these materials from scanned
files. The scanning was done for different purposes and therefore, some documents were
not scanned in their entirety and others were linked, although they were not when
originally created.

We will continue our efforts to locate materials responsive to your request and will
provide additional materials as we locate them.
•-tw
Very truly yours,

'James M.
Deputy General Counsel

Enclosures
AUG. 20. 2 0 0 3 4:10PM 9 - 1 1 COMMISSION NO. 0 1 7 9 "P. 13"

1. Observations of World Trade Center Damage - U.S. Army Corp of Engineers -

September 1993

2. Fire Safety Systems and Emergency Evacuation Report for Concourse Level,

September, 1992 (Draft)

3. Miscellaneous World Trade Center Fire S afety Program Materials

4. Documents entitled World Trade Center Explosion - 2/26/93 - Responding Units

and Personnel Sent to World Trade Center on 2/26/1993; and a Memorandum

entitled "Summary of WTC Bomb Incident" by James O'Neil, dated 3/10/93

5. List of Agencies that responded to World Trade Center Bombing

6. Police Handwritten Reports (Confidential)

I. Report of Captain Joseph Martella for 2/26/93 Bombing (Confidential)

8. Central Police Desk Chrono of 2/26/93

9- World Trade Center Bombing - Mobile Command Post Chrono

10. World Trade Center Police Incident History/Computerized Chrono of Events -

2/26/93

II. Various Port Authority Police Memorandum on Bombing of 2/26/93 and*

Memorandum of Michael A. Scott to Anthony J. Barber, entitled PATH explosion

at World Trade Center - 2/26/1993 (Confidential)

12. U.S. Fire Administration World Trade Center Bombing Report and Analysis
 WITH DRAWAL NOTICE

RG: 148
Box: 00002 Folder: 0004 Document: 2
Series: Steve Dunne Files

Copies: 1 Pages: 1

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: Port Authority

Document Date: 12-08-2003
Document Type: Letter
Special Media:
From: James M. Begley
To: Sam Casperson

Subject: statements from four first responders

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: 321
Withdrawn: 06-23-2008 by:

RETRIEVAL #: 321 00002 0004 2

System DocID: 2906

$&7g&?^~^r
j OCT. 3 1 . 2 0 0 3 1 0 : 3 6 A M 9-11 COMMISSION NO. 0435 P. 1/6

Thomas H- Kean
CHAIR
FAX COVER SHEET
Lee H. Hamilton
VICE CHMR

Richard Bcn-Venistc

MaxGeknd

Fred F. Fielding

Jamie S. Gorelick

Slide Gonon

John Lehman
Date: ^ / Si /
Timothy J. Roomer
Number of pages (including cover sheet): /
James R. Thompson

Philip D. Zdikow
EXECUTIVE DIRECTOR.

26 Federal Plaza, Suite 13-100

New York, NY 10278
T: 212-264-1505
F; 212-264-1595
www.9-1 lcommission.gov
/"OCT. 31. 2003 10:36AM 9-11 COMMISSION NO. 0435 P. 2/6

JAMES M
DEPUTY GENERA- COUNSEL

885 PARK AVENUE SOUTH

I3TH FLOOR
NEW YORK, NV10003

(21$ 435-3502
FAX (£12) 435-3584

October 23,2003

Daniel Marcus, Esq.

General Counsel
National Commission on Terrorist Attacks Upon the United States
26 Federal Plaza- 13* Floor
New York, NY 10278

Re: Port Authority Document Request No. 2; Port Authority Interview

Request No. 1; Port Authority Briefing Request No. 1

Dear Mr. Marcus i

Thank you for your letter today in follow-up with our discussion on October 21st.
As the TSA has now given us permission to provide Sensitive Security Information to the
Commission's staff under a Non-Disclosure Agreement , we will make the material,
which we have gathered under Document Request Number 2., available to Mr. Brmkley
tomorrow when he interviews the Airport's General Manager and does his walk-through
of Terminal A. I attach as Index A the SSI materials, which the TSA has agreed may be
provided. Index B is a List of materials provide by Port Authority Newark Airport Police
Command. Index C lists material that we consider privileged, which we interpret as
being covered by the Document Request. As I advised we are discussing with TSA
providing our proprietary, privileged information to TSA, such as that listed in Index C
for various non-aviation facilities under an MOU, which is still in draft. As I advised, we
will be meeting with TSA's Newark and JFKIA counsel next Friday to discuss providing
this type of proprietary and privileged aviation security information to it under an MOU.
The information will almost surely be considered SSI by TSA. Based on your letter we
will share that information with Mr. Brinkley orally, if it is in fact information he is
seeking.

Thank you for your courtesies and consideration in this matter.

Very truly yours,

James M. Begle
Deputy General Counsel
212-435-3502
XT. 31. 2003 1 0 : 3 7 A M 9-11 COMMISSION NO, 0435 3/6

INDEX A

Document Request Number 2:

Document: Civil Aviation Security - Information Circular

Subj ect: Man-Portable Air Defense System (MAKPADS) Threat to Civil Aviation
Number: IC-2001-10
Date: July 12,2001

Document: Civil Aviation Security - Information Circular

Subject: Possible Terrorist Threat Against American Citizens
Number: IC-2001-09
Date: July 2, 2001

Document: Civil Aviation Security - Information Circular

Subject: Violence Increases in Israel
Number: IC-2001-07
Date: June 4,2001

Document: Civil Aviation Security - Information Circular

Subject: Ressam's Plot Against Los Angeles International Airport
Number: IC-2001-IC-06
Date: June 4,2001

Document: Civil Aviation Security

Subject: Additional Security Procedures
Number; EA107-00-01C
Date: January 24,2001

Document: Civil Aviation Security - Information Circular

Subject: Bombs Explode in Metro-Manila
Number: IC-2001-02
Date: January 9,2001

Document: Civil Aviation Security - Information Circular

Subject: Middle Eastern Threats to Civil Aviation
Number: IC-2001-01
Date: January 4, 2001

Document: Civil Aviation Security - Information Circular

Subj ect: Middle Eastern Group May be Planning to Bomb Aircraft
Number: IC-2000-10
Date: November 29,2000
OCT. 31.2003 10:3?AM 9-11 COMMISSION 3. 0435 P, 4/6

-2-

Document: Civil Aviation Security - Information Circular

Subject: Potential Threats During the Holiday Season
Number: IC-2000-09
Date: November 21,2000

Document: Civil Aviation Security - Information Circular

Subject: Disguised Weapons
Number: IC-200M2
Date: August 16, 2001

Document: Civil Aviation Security - Information Circular

Subject: Continued Middle Eastern Threats to Civil Aviation
Number: IC-2001-04A
Date: My 31,2001

Document: Civil Aviation Security

Subject: Additional Security Procedures
Number: EA107-00-01D
Date: July 27, 2001

Document: Civil Aviation Security - Information Circular

Subj ect: Possible Terrorist Threat - Arabian Peninsula
Number: IC-2001-11
Date: July 18,2001

Document: Memorandum
Subject: ACTION: Airport Security Measures
From: Acting Director, Civil Aviation Security Operations, ACO-1
U.S. Department of Transportation, Federal Aviation Administration
Date: July 13, 2001

Document: Civil Aviation Security - Information Circular

Subject: Possible Terrorist Threat Against American Citizens
Number: IC-2001-08
Date: June 22, 2001

Subject: SECTION IX - AVIATION SECURITY CONTINGENCY PLAN

(AVSECPLAN)
OCT. 31.2003 10:37AM 9-11 COMMISSION NO. 0435 P, 5/6

INDEX B

Document Request Number 2;

Subject: Newark Liberty International Airport Bomb Threats

Date: 1998

Subject; Newark Liberty International Airport Bomb Threats

Date: 1999

Subject: Newark Liberty International Airport Bomb Threats

Date: 2000

Subject: Newark Liberty International Airport Bomb Threats

Date: 2001
"OCT. 31. 2003 1 0 : 3 7 A M 9-11 COMMISSION NO. 0435 P. 6/6

INDEX C

Document Request Number 2:

Subject: Draft Security Review of "The Port Authority Facilities" by Kroll

Associates, Inc,
Date: October 3,2001

Subject: Draft Airport Aeronautical Area Security Site Review by Kroll Associates,
Inc.
Date: April 12,2001

Subject: Draft Physical Security Survey and Assessment by Kroll Associates, Inc.
Date: March 28, 2002
Thomas H. Kean October 23, 2003
CHAIR

Lee H. Hamilton
VICE CHAIR
James M. Begley, Esq.
Richard Ben-Veniste Deputy General Counsel
The Port Authority of New York/New Jersey
Max Cleland
225 Park Avenue South
Frederick F. Fielding 13th Floor
New York, New York 10003
Jamie S. Oorelick

Slade Gorton
Dear Mr. Begley:

John F. Lehman I understand that you have concerns, in connection with our staffs visit to
Timothy J. Roemer
Newark Airport and their interviews of airport officials this Friday, about
disclosure to the Commission of sensitive airport security information that has
James R. Thompson not yet been officially classified as SSI. Following up on our telephone
conversation of this morning, I am writing to assure you: (1) once such
Philip D. Zelikow information is classified as SSI, we will treat it as such, just as we have all
EXECUTIVE DIRECTOR other SSI we have received from TSA, the airlines, and others;
(2) in the meantime we will nor publicly disclose any airport security
information designated as sensitive during our visit to and interviews at
Newark Airport; and (3) in preparing our final public report, we will take care
not only to comply with our obligations as to SSI, but also to take great care in
making use of any other security information designated by Newark Airport
officials as sensitive.

Sincerely,

S
/Daniel Marcus -
' General Counsel

301 7 lh Street SW, Room 5125

Washington, DC 20407
T 202.331.4060 F 202.296.5545
www.9-llcommission.gov
 -G. 20, 2 0 0 3 4: 10PM COMMISSION 79 " P, 9"

"TfiiFpOm- AUTHORITY JAMES M. BEGLEY

DEPUTY GENERAL COUNSEL
225 PARK AVENUE SOUTH
13TH FLOOR
NEW VORK, NY 10003

(212) 435-3502
FAX (212) 435-3584

August 1, 2003

James Fanner, Esq.

Senior Counsel
John Azzarello, Esq.
Counsel
National Commission on Terrorist Attacks Upon the United States
26 Federal Plaza - 13th Floor
New York, NY 10278

Messrs. Farmer and Azzarello:

I am enclosing in response to Document Request No. 1, the materials listed on the

attached index. We have attempted to reference each item listed to a specific numbered
request.

We will continue our efforts to locate materials responsive to your request and will
provide the materials as we locate them.

Very truly yours,

James M. Beg
Deputy General Counsel

Enclosures
 4;10PM 9 - 1 1 COMMISSION NO. 0179" P. 10

Req.No.l
-Fire Investigation Report of the National Fire Protection Association
-Smoke Management Evaluation Study of
The World Trade Center Complex by Hughes Associates
-The World Trade Center Fall 1995
Emergency Procedures Manual

Req. No. 2
-The World Trade Center
Emergency Procedures Manual 2001
-The World Trade Center Fire Safety Plan
Revised January 1999
-Two video tapes titled: WTC Tenant Fire
Safety (1996) & Port Authority/ FDNY WTC Training

Req. No, 3
-14 compact audio discs containing 9/11 radio transmissions with cover Memorandum of July 28, 2003
explaining content and usage and attaching Logging Recorder/Index tape along letter of explanation.
-Port Authority Police Handwritten Reports
On Events of 9/11/01
-Computer Aided Dispatched Reports for facility police response for CPD, PATH, JFK, EWR and LGA

Req. No. 4
-A Compact Video Disc of Briefings between 9/11 and 9/20/01
-Port Authority of NY & NJ Criminal Complaint Report
-Port Authority Police Injury on Duty Reports Occurring on 9/11/01 ->-
-Injury On Duty Reports Related To 9/11/01 Recovery Efforts After 9/11/01
AUG. 14.2003 2:OOPM 9-11 COMMISSION NO, 0171—P. 9-

JAMES M. EEGLEV
DEPUTY GENERAL COUNSEL

225 PARK AVENUE SOUTH

13TH FLOOR
NEW YORK, NV10003

(212) 435-3502
FAX (212) 435-3564

August I , 2003

James Farmer, Esq.

Senior Counsel
John Azzarello, Esq.
Counsel
National Commission on Terrorist Attacks Upon the United States
26 Federal Plaza - 13th Floor
New York, NY 10278

Messrs. Farmer and Azzarello:

I am enclosing in response to Document Request No. 1, the materials listed on the

attached index. We have attempted to reference each item listed to a specific numbered
request.

We will continue our efforts to locate materials responsive to your request and will
provide the materials as we locate them.

Very truly yours,

James M. Be|
Deputy General Counsel

Enclosures
TOG. 14. 2003 2:OOPM 9-11 COMMISSION " ' "NO. 0171 ~P. 10"

Req. No.l
-Fire Investigation Report of the National Fire Protection Association
-Smoke Management Evaluation Study of
The World Trade Center Complex by Hughes Associates
-The World Trade Center Fall 1995
Emergency Procedures Manual

Req. No. 2
-The World Trade Center
Emergency Procedures Manual 2001
-The World Trade Center Fire Safety Plan
Revised January 1999
-Two video tapes titled: WTC Tenant Fire
Safety (1996) & Port Authority/ FDNY WTC Training

Req. No. 3
-14 compact audio discs containing 9/11 radio transmissions with cover Memorandum of July 28,2003
explaining content and usage and attaching Logging Recorder/Index tape along letter of explanation.
-Port Authority Police Handwritten Reports
On Events of 9/11/01
-Computer Aided Dispatched Reports for facility police response for CPD, PATH, JFK, EWR and LGA

Req. No. 4
-A Compact Video Disc of Briefings between 9/11 and 9/20/01
-Port Authority of NY & NJ Criminal Complaint Report
-Port Authority Police Injury on Duty Reports Occurring on 9/11/01
-Injury On Duty Reports Related To 9/11/01 Recovery Efforts After 9/11/01
Thomas H. Kean
CHAIR July 30, 2003
Lee H. Hamilton
VICE CHAIR James M. Begley, Esq.
Deputy General Counsel
Richard Ben-Veniste
The Port Authority of New York/New Jersey
Max Cleland 225 Park Avenue South
13th floor
Frederick F. Fielding New York, New York 10003
Jamie S. Gorelick
Dear Mr. Begley:
Slade Gorton

]ohn F. Lehman
I am writing in response to your July 18 letter to John Azzarello and to reflect
the telephone discussions we have had. You raised three concerns in your
Timothy J. Roemer July 18 letter.
James R. Thompson
As to the first, we understand your concern about public release of tape
recordings of radio communications on September 11. You have our
Philip D. Zelikow
EXECUTIVE DIRECTOR
assurance that we will not publicly release such tape recordings, in whole or in
part.

Second, based on my discussions with you, we anticipate that there will be

little, if any, material responsive to our requests as to which you have
potential privilege concerns of the kind outlined in your letter. We have
agreed that, should you identify any such material during the production, we
will discuss your privilege concerns with you. As I have emphasized,
however, we expect to have access to all such documents, although we will be
willing to discuss special arrangements, such as providing you with prior
notice, if we decide to refer to any such document in our public report.

Third, I told you that we do not have on our staff any building or construction
experts. We are unlikely to retain such an expert as a consultant. But if we
do, we will condition the retention of that expert on his or her agreement not
to testify as an expert in any private litigation related to the 9/11 attack on the
World Trade Center.

301 7'1' Street SW, Room 5125

Washington, DC 20407
T 202.331.4060 F 202.296.5545
www.9-1 lcoinmission.gov
Page 2

We understand that the Port Authority will begin its document production in
the next few days, and we look forward to continuing to work with you on this
matter.

Sincerely.

Janiel Marcus
General Counsel

cc: James Farmer, Esq.

John Azzarello, Esq.
Jeffrey S. Green, Esq.
 13=55 PflNYNJ 2124353584 P.01

THE PORT AUTHORITY OF

NEW YORK AND NEW JERSEY
225 PARK AVENUE SOUTH
13™ FLOOR
NEW YORK. NEW YORK 10003

I P
A'WfcHi'.v;.'
i3i««;M.uV:

To: Daniel Marcus, Esq. Fax: (202) 296-5545

General Counsel

From: James Begley, Deputy General Date: July 18, 2003

Counsel

Re: Pages: 4 including cover sheet

CC:

.•«' 4^>'
;» \'.raAnifr«. DForRavtew D Please Comment D Please Raply D Please Recycle
A"if"H'ii,i
"!,vi'"*i<j,i
$&S
\iviiA>'rttV'
«
TeSSe see attached letter.

This message is intended only for the use of the individual or entity to which ii is addressed, and may contain inforrnation

that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not Ihe

intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are

hereby notified that NY dissemination, distribution, or copying of Ihis communication in error, please notify us

immediately by telephone and return the original message to us at the above address via the U.S, Postal Service. Thank

you.

Please note: The fan Authority of New York and New Jersey and POTT Authority Trans-Hudson Corporation do not accept

services by fax.
 -2003 13=55 PflNYNJ 2124353584 P. 02

THE PORT AUTHORITY JAMES M SEGlEY

DEPUTY GENERAL COUNSEL

225 PARK AVENUE SOUTH

July 18, 2003 I3TH FLOOR
NEW YORK, NY 10003

(£12) 43S-3S02
John Azzarello, Esq. FAX (212) 435-3564

Counsel
National Commission on Terrorist Attacks Upon the United States
301 7th St., SW-Room 5125
Washington, DC 20407

Re: National Commission on Terrorist Attacks Upon the United States -

Port Authority Document Request No. 1

Dear Mr. Azzarello:

I am writing in follow-up to our most recent discussions of last week and to your
request that I set forth the matters of concern to the Port Authority. As I mentioned we
have begun the process of identifying materials responsive to the above referenced
request, under the direction of the Port Authority's Claims Manager, Mr. Karl Lunan, and
we anticipate that we will begin providing you documents shortly.

When Sam Casperson and you met with our General Counsel Jeffrey S. Green
and me on June 13, 2003, Mr. Green indicated that the Port Authority would fully
cooperate with the Commission's investigation and requested that a Confidentiality
Agreement be entered into in anticipation that you would be requesting
confidential/privileged and/or sensitive information. As I have explained to you, the Port
Authority has a Confidentiality Agreement in place with the National Institute of
Standards and Technology in connection with its extensive investigation into the events
of 9/11/01 and it has been provided extensive documents by the Port Authority, We have
also had on-going discussions with other federal entities to finalize agreements relating to
the exchange of sensitive information.

Last week you questioned the need for such an agreement and indicated that the
documents would not be available through F.O.I. requests to the Commission. As I
indicated, our concern does not relate to F.O.I, requests, which to our understanding a
federal entity cannot avoid by simply entering into a Non-Disclosure Agreement. Rather,
as I explained, our concerns primarily relate to preventing disclosure in other forums by
preserving the integrity of privileged materials, as well as that of other sensitive
materials, such as those regarding privacy rights. For instance, in the case of materials
raising sensitive privacy concerns, your request seeks radio communication recordings
and transcripts for 9/11. As I explained/the tape recordings are in the process of being
transcribed and will be available shortly under the Port Authority's own F.O.I, policy. I
do not believe the actual recordings will be released due to privacy concerns and we
would most likely resist producing them if requested to do so in a lawsuit. While I have
no problem having the recordings put in C.D. format and provided to your office, as has
been our intent, I am concerned that doing so would undermine the privacy argument,
-2003 18=55 PfiNYNJ 2124353584 P.03

John Azzarello, Esq. -2- July 18, 2003

unless there is an agreement in place documenting the exchange and recognizing that the ((H--
integrity of their privacy is being preserved.

Similarly, and of particular concern to us, is the protection of confidential/

privileged material, which is particularly problematic. As I explained, I believe that it is
beyond dispute that to simply provide privileged documents to a third party compromises
the privilege forever. As an agency, the Port Authority has expended a greatdeal of
resources establishing that certain sensitivematerials enjgy aygSficinteTestprivllegjjjnd
shnul^ not he made public/lt ftas^ajsojpgn^g^eat deal of time in dialogue with federal
agencies in thg-jeffo^rt-^o^ernpha&ize-that our concerns are not so much related to the
materials being compromised under F.O.I. Again, there as here,it has been in the context
of the materials being sought from the Port Authority in litigation, after it provides them
to an entity like the Commission, that we have emphasized the necessity for taking
appropriate action to preserve the privilege.

As I mentioned, there is still litigation pending from the 1993 bombing of the
World Trade Center, as well as in the litigation arising out of 9/11, where materials we*
view as enjoying such privilege have been sought. If an agreement is in place governing
the provision of such materials to the Commission and it expresses the intent to preserve
the materials' privileged and confidential nature, it would do much to address oj
concerns. As I explained, I am not comfortable with the prospect of trying to advance an
argument in the distant future that the exchange was clearly meant to be consistent with
preserving the privilege, as it is most likely to be perceived as a self-serving afterthought
and there will be nothing to support the assertion. And with all due respect, I don't think
that your office's suggestion, that the Port Authority seek a court ruling at least with
respect to materials involving the 1993 bombing, really is a practical or feasible
approach. It might even serve to create more significant problems.

In sum, I would ask that your office give further consideration to this issue, which
quite frankly, we did not expect to cause a problem.

The other two areas of concern which we've discussed are the use of the
Commissions' work by plaintiffs in litigation and the possibility of those working on/for
the Commission later becoming expert witnesses or consultants to plaintiffs in 9/11
related litigation. Regarding the former issue, you advised that it was not the
Commissions' purpose or intent to be a resource for parties to such litigation and that
subpoenas or other requests would be actively resisted. On the latter issue, I believe you
indicated that you did not yet have an answer for it. ^-^
2003 18=56 PfiNYNJ 2124353584 P.04

T iUmOtanm KK7® KM
John Azzarello, Esq. * -3- July 18,2003

Please feel free to call me with respect to any of these issues that I have raised and
I will in any event contact you when material is available in response to your first
request.

Very truly yours,

M.
Deputy General Counsel

cc: James Fanner, Esq.

Senior Counsel

Daniel Marcus, Esq.

General Counsel

Jeffrey S. Green, Esq.

General Counsel

TQTflL P.04