Professional Documents
Culture Documents
Richard Ben-Veniste
The National Commission on Terrorist Attacks Upon the United States
Max Cleland (Commission) requests that the Department of Justice provide the Commission with
copies of the following items no later than July , 2003 (production date). The
Fred F. Fielding
Commission requests that the respondent inform the Commission promptly if the
Jamie S. Gorclick production date poses a problem for certain categories of documents and meet
Slade Gorton
promptly with the Commission staff to set a schedule for the production of those
documents.
John Lehman
ITEMS REQUESTED
Timothy J. Roemer
James R. Thompson
Philip D. Zelikow
EXECUTIVE DIRECTOR
,fc <£— Substantive policy memoranda, briefing packages, guidance documents, or
meeting notes/minutes going to or coming from the Attorney General (AG) or
Deputy Attorney General (DAG) after January 1, 1998 and through
September 20, 2001 that related either wholly or in part to Usama bin Laden
(UBL), al Qa'ida, Afghanistan (including the Taliban and/or the Northern
Alliance) or general counterterrorism policy. This would include: 1)
assessments of the al Qa'ida threat against the US and possible responses to
those threats, 2) the formulation, implementation, or review of the DOJ's
counterterrorism policies, and 3) communications with other agencies
regarding counterterrorism policy. Such requests are limited to
counterterrorism policies and do not include items relating to specific trial
preparation.
Documents analyzing the legality of the possible use of lethal force against
# UBL or other al Qa'ida members, including the assassination ban as it related
V
to those individuals^ 4 r<i»-~ \ ^
8) DOJ documents prepared or produced from September 20, 2001 through the present that discuss the
September 11 attacks or retrospective analysis of al Qa'ida's activities before the September 11 attacks.
9) Documents prepared for or communicated by the DOJ to the Bush-Cheney Transition Team or incoming
Bush-Cheney officials or staff in connection with UBL, al Qa'ida, Afghanistan (including the Taliban and/or
the Northern Alliance) and/or general counterterrorism policy.
10) Documents going to or coming from the AG or DAG between September 11 and September 20, 2001 on the
policy responses to the September 11 attacks. This should include records in this time period reflecting the
agenda and decisions of the Domestic Consequences Principals Committee showing the genesis of the USA
PATRIOT ACT.
The Commission requests that the items described above be provided as soon as they are available, even though all
requested items may not be provided at the same time, through means of a "rolling" production.
If any requested items 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 items or class of documents, as well as the alleged basis for not
jducing 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 items but has information about
where such items 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.
Daniel Marcus
General Counsel
July_, 2003
Team 3 Draft 6/30
The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Department of Justice provide the Commission with
copies of the following items no later than July , 2003 (the "production date"). The
Commission requests that the respondent inform the Commission promptly if the
production date poses a problem for certain categories of documents and meet promptly
with the Commission staff to set a schedule for the production of those documents.
ITEMS REQUESTED
2) Documents analyzing the legality of the possible use of lethal force against UBL
and Al-Qa'ida members, including the assassination ban as it related to those
individuals.
4) Attorney General and Deputy Attorney General communications with senior level
foreign officials, or their deputies, regarding UBL and Al-Qa'ida.
8) DOJ documents prepared or produced from September 20, 2001 through the
present that discuss the September 11 attacks or retrospective analysis of Al-
Qa'ida's activities before the September 11 attacks.
10) Substantive documents going to or coming from the Attorney General or Deputy
Attorney General between September 11 and 20, 2001 on the policy responses to
the September 11 attacks. Include records in this time period reflecting the
agenda and decisions of the Domestic Consequences Principals Committee
showing the genesis of the USA PATRIOT ACT.
The Commission requests that the items described above be provided as soon as they are
available, even though all requested items may not be provided at the same time, through
means of a "rolling" production.
If any requested items 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 items 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 items but
has information about where such items 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.
Daniel Marcus
General Counsel
July ,2003
Team 3 Draft 6/27
The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Department of Justice (the "DOJ" or alternatively the
"respondent") provide the Commission with copies of the following items (and their
drafting/routing slips) no later than July , 2003 (the "production date"). The
Commission requests that the respondent inform the Commission promptly if the
production date poses a problem for certain categories of documents and meet promptly
with the Commission staff to set a schedule for the production of those documents.
ITEMS REQUESTED
Briefing materials or papers prepared for or distributed to; any agendas, minutes,
notes (either typed or handwritten) of meetings or conclusions/recommendations
prepared for or produced by the Attorney General or Deputy Attorney General
i after Januaryjl, W98\aind through September 20r2001 that related either
\y or in part to the following (such requests are limited to counter terrorism
licies jind are not to include jtems relating to specific trial preparation):
A7 ^ r*i'y\ ' *%~ jfee legality of the possible use of lethal force
against UBL and Al-Qa'ida members, including the assassination
ban as it related to those individual^ .
Documents relating to the decision to indict, or not to indict, UBL from January
1998 through present.
The Commission requests that the items described above be provided as soon as they are
available, even though all requested items may not be provided at the same time, thrq
means of a "rolling" production.
If any requested items are withheld from production, even temporarily, based on an
alleged claim of privilege or for any other reason, the Commission requests that the ,Mfd>
respondent, as soon as possible and in no event later than the production date, identify
and describe each such items or class of documents, as well as thVaUeged basis for not
producing it, with sufficient specificity to allow a meaningful challeng^to any such
K^& "*
r ^Afi/Hf* L*.
withholding. '^*&t
If the respondent does not have possession, custody or control of any requested itemssbut
has information about where such items may be located, the Commission requests that tl '+$*
respondent provide such information as soon as possible and in no event later than the
production date. V0'
>j,cJ»f«H
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.
Daniel Marcus
General Counsel
June , 2003
Team 3 Draft 6/27
*
UNCLASSIFIED BUT COMMISSION SENSITIVE
The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Department of Justice (the "DOJ" or alternatively the
"respondent") provide the Commission with copies of the following items (and their
drafting/routing slips) no later than July , 2003 (the "production date"). The
Commission requests that the respondent inform the Commission promptly if the
production date poses a problem for certain categories of documents and meet promptly
with the Commission staff to set a schedule for the production of those documents.
ITEMS REQUESTED
1) Briefing materials or papers prepared for or distributed to; any agendas, minutes,
notes (either typed or handwritten) of meetings or conclusions/recommendations
prepared for or produced by the Attorney General or Deputy Attorney General
after January 1,1998 and through September 20, 2001 that related either
wholly or in part to the following (such requests are limited to counter terrorism
policies and are not to include items relating to specific trial preparation):
The Commission requests that the items described above be provided as soon as they are
available, even though all requested items may not be provided at the same time, through
means of a "rolling" production.
If any requested items 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 items 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 items but
has information about where such items 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.
Daniel Marcus
General Counsel
June , 2003
Team 3 Draft 6117
The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Department of Justice (the "DOJ" or alternatively the
"respondent") provide the Commission with copies of the following items (and their
drafting/routing slips) no later than June , 2003 (the "production date"). The
Commission requests that the respondent inform the Commission promptly if the
production date poses a problem for certain categories of documents and meet promptly
with the Commission staff to set a schedule for the production of those documents.
ITEMS REQUESTED
1) ^ The briefing materials and papers prepared for or compiled by DOJ staff and
distributed to attendees for; any agendas, minutes, notes (either typed or
handwritten) and/or conclusions or summaries of conclusions prepared for or
\g from Attorney General or Deputy Attorney General meetings or
discussions held, unless otherwise noted, from January 1,1998 through
September 20,2001 that related either wholly or in part to the following
(such requests are limited to counter terrorism policy and are not to include items
relating to individual trial preparation or specific prosecution):
2) DOJ options papers, strategy papers or conclusions (or summaries thereof) from
meetings relating to the following^aspects of USG counter terrorism policy and /\h were created b
above (such requests are limited to cgmitbr terrorism policy and are not to include
items relating to individual trial preparation or specific prosecution):
1001
The Commission requests that the items described above be provided as soon as they are
available, even though all requested items may not be provided at the same time, through
means of a "rolling" production.
If any requested items 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 items 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 items but
has information about where such items 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.
Daniel Marcus
General Counsel
June , 2003