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Mike Hurley

From: Mike Hurley


Sent: Wednesday, April 07, 2004 9:54 AM
To: Team 3
Subject: FW: Ben-Veniste prep

TeamS'ers

By my count, we've got Tim Roemer, Richard Ben-Veniste, and Bob Kerrey
coming to prepare for tomorrow's Rice public hearing, and likely for the
Clinton interview.

Any and all are welcome to help deal with these commissioner today, or at
any time that they come.

Kerry's coming at 2:00.

It's unclear what time Roemer's coming.

Commissioners have a meeting from 5:00 to 6:30 today.

So far, we have not been advised by the Front Office that we need to
attend. I'M try to find out whether we're supposed to be in "stand-by"
mode.

Mike
Original Message
From: Warren Bass
Sent: Wednesday, April 07, 2004 9:34 AM
To: Team 3
Cc: Front Office; Karen Heitkotter
Subject: Ben-Veniste prep

Commissioner Ben-Veniste plans to come by K Street around i.

4/7/2004
WITHDRAWAL NOTICE

RG: 148 Exposition, Anniversary, and Memorial Commissions


SERIES: Team 3, 9/11 Commission
NND PROJECT NUMBER: 52100 FOIA CASE NUMBER: 31107

WITHDRAWAL DATE: 12/03/2008

BOX: 00002 FOLDER: 0001 TAB: 102 DOC ID: 31207990

COPIES: 1 PAGES: 1

RESTRICTEDi_|
The item identified below has been withdrawn from this file:

FOLDER TITLE: Commissioner Prep, for Rice Interview

DOCUMENT DATE: 04/06/2004 DOCUMENT TYPE: E-Mail Printout/(Profs Notes)

FROM: Hurley

TO: Grewe, et al

SUBJECT: Request from Commissioner Gorelick

This document has been withdrawn for the following reason(s):


9/11 Personal Privacy

WITHDRAWAL NOTICE
Page 1 of 1

Mike Hurley

From: Dan Marcus


Sent: Monday, April 05, 2004 9:54 PM
To: Warren Bass; Christine Healey; Alexis Albion
Cc: Mike Hurley
Subject: RE: Gorelick questions

The answer to 3 is that it would have increased CIA's authority considerably, but that it was deliberately
shelved by NSC with Tenet's agreement because it was thought overall policy (eventually NSPD-9)
should be developed first. But issue is of limited importance, I have concluded, because CIA did not
propoise any CA that would have required greater authority than granted by Clinton MONs before 9/11.

Original Message
From: Warren Bass
Sent: Mon 4/5/2004 2:52 PM
To: Christine Healey; Dan Marcus; Alexis Albion
Cc: Mike Hurley
Subject: Gorelick questions

A few things from Jamie, for her Rice prep:

• Do we have anything on a late June 2001 FBI tasking to increase surveillance and contact with
terrorism-related informants? Mike Hurley can show you the original NSC notes that Jamie is
working from (the now-famous Clarke CYA memo after 9/11 on domestic steps taken). She wants to
be sure whether anything was ever done—including internal FBI documents. [Probably a Team 6
thing]
• Did Ashcroft have any reactions to the CIA briefing he got in summer 2001 on the threat spike?
[Probably Team 6 again; please see me if you want the reference to the briefing, which is in a CIA
doc briefed to us at NEOB]
• Does a certain draft document from March 2001 (if Dan and Alexis catch my drift) authorize an
expanded program? Or was it a clean-up? What's in the darn thing? [Dan or Alexis]

She didn't specify when these were due, but I figure somewhere between ASAP and pronto...
Chris, if the first two points aren't Team 6 issues, can you point me in the right direction?
Thanks,
Warren

4/6/2004
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Mike Hurley

From: Mike Hurley


Sent: Monday, April 05, 2004 7:05 PM
To: Jamie Gorelick
Cc: Warren Bass; Alexis Albion; Mike Hurley
Subject: a proposed line of inquiry for Rice

Jamie:
• One question for Condi Rice could be: Who in the Bush administration pre-9/11
was overall in charge of counter-terrorism in general and the response to al Qaeda
in particular?

It's possible that she'll want to convey to the public that President Bush was an
activist and as the commander-in-chief was the driving force in counterterrorism;
that he set the direction of the administration and that his cabinet officials—those
heading key national security departments—implemented his vision and broad
policies.

• If that is her answer, then I think you can ask her how often did president Bush
meet with Secretaries Powell, Rumsfeld, Attorney General Ashcroft, and FBI
Director Freeh (until he left his position in June '01) between January 20 and
September 10, 2001 to discuss with them, either in a group or separately, the
specific details of a response to the USS Cole, the dimensions of the UBL and al
Qaeda threat, al Qaeda's threat to the homeland, the management of the 'summer
of threat', the deployment of the armed and/or recon Predator, the formulation of
military plans against the Afghanistan sanctuary, the regional policy review
(Pakistan, Afghanistan), and the so-called hard-hitting NSPD that was being
drafted in the summer of 2001.

• Note that in virtually all of the press pieces regarding whether al Qaeda was an
'urgent' problem or only an 'important' one for the Bush administration before
9/11, Rice and other White House defenders tend to call attention to Bush's
instructions to his staff-like Rice and Hadley-that he was tired of 'swatting flies',
etc. The defenders also point to Bush's daily briefings from the DCI as particularly
important, so much so that they obviated the need for briefings from the national
CT coordinator Clarke.

But they never say that Bush was engaging directly with Rumsfeld, Powell, Freeh,
or Ashcroft on our response to al Qaeda. That's likely because very little of that
engagement, if any, was actually going on. Powell and Rumsfeld told us that they
were not particularly engaged in CT matters in the first months of the

4/7/2004
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administration. One would think they would have remembered serious


discussions with the president on these issues.

• So, Tenet is giving the president threat information, but the question is: What is
being done about it? How is the president using it? He does not appear to be
giving instructions to his secretaries of defense or state, his attorney general or
his director of the FBI.

One other suggestion: It's important to ask why there was no response to the
Cole. But you should also ask Rice what the administration would have done if
another ship, military base, embassy, or American corporation overseas had been
attacked by al Qaeda in February, March, April, indeed through the summer of
2001.

• All the intel coming in from the spring forward indicated a big attack was in the
offing. Intelligence officials and Clarke and his NSC colleagues thought it would
happen somewhere in the Middle East (although Clarke did not dismiss that the
attack might be on the homeland). Thus, the Bush administration very easily
could have been confronted right from the get-go with an attack, requiring some
sort of response. Would they really not have acted if 100 sailors or soldiers were
lying dead somewhere after another al Qaeda attack? How would their response
have differed from what Clinton did after the 1998 embassy bombings? Was the
military in a position to have done anything dramatically different? If not, why
not? Was the military ready to go?

• They must have been thinking about this. It would have been irresponsible not to
have thought this through when the threat level was so high. Will her answer be
that they would have waited until their policy review was concluded? To be
consistent with why they took no action on the Cole, she'll have to say that they
didn't believe in 'tit-for-tat' responses. But that will look like a pretty feckless
answer.

Mike

4/7/2004
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Mike Hurley
From: Mike Hurley
Sent: Monday, April 05, 2004 6:40 PM
To: Front Office; Team 3
Subject: Commissioner Fielding has asked Me to meet with him on Tuesday morning

I'd like to be excused from the Full Staff meeting at GSA so that I can help
Fred Fielding prepare for the Rice Hearing and Clinton and Gore interviews.

Team 3'ers: please attend tomorrow's full staff meeting at GSA and take
notes so you can fill me in on what is covered.

Thanks,

Mike

4/5/2004
Page 1 of 1

Mike Hurley

From: Christine Healey


Sent: Monday, April 05, 2004 5:47 PM
To: Mike Hurley; Team 3; Front Office; Karen Heitkotter; Dan Leopold
Cc: Barbara Grewe; Team 2
Subject: RE: Fred Fielding Here On Tuesday for Rice Prep

If he or any other commissioner is interested in reading background material for next week's hearing, there are
two sets of binders on my K St. desk. A background book on Team 2 issues is with the Team 2.

Original Message
From: Mike Hurley
Sent: Monday, April 05, 2004 4:51 PM
To: Team 3; Front Office; Karen Heitkotter; Dan Leopold; Christine Healey
Subject: Fred Fielding Here On Tuesday for Rice Prep

Commissioner Fred Fielding will come to K Street on Tuesday to meet


with Team 3 to prepare for the Rice hearing and the Clinton and Gore
interviews.

Chris Healey: I don't know Fred plans on using part of tomorrow to


bone up on issues for next week's hearings. Perhaps.

Mike

4/5/2004
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Mike Hurley

From: Mike Hurley


Sent: Monday, April 05, 2004 4:26 PM
To: Jamie Gorelick
Cc: Warren Bass; Dana Hyde; Mike Hurley; Alexis Albion; Len Hawley; Scott Allan
Subject: Conversation with Chuck Boyd re attempts to brief Pres Bush on Hart-Rudman

Jamie:

I had a pleasant telephone conversation with Chuck Boyd, who was, as you know, the
Executive Director of the Hart-Rudman Commission. Here's what he told me:

• During the transition, Boyd and commissioners wanted to brief president-elect


Bush and vp-elect Cheney before the inauguration on key findings in the final
report. They contacted Condi Rice to try to set this up.

• Boyd and commissioners believed it important to brief Bush and Cheney before
the public rollout of the report.

• Although Boyd and commissioners pushed hard for an appointment, no briefing


was ever given to Bush or Cheney, either before or after the inauguration.

Boyd and a few commissioners did have a teleconference with Rice before the
inauguration, during which they briefed her on key findings. That telephone
conversation lasted 30 minutes. Rice was engaged and asked questions.

• The report was rolled out on January 31, 2001.

• Some months later, Boyd and some of the commissioners briefed Colin Powell
and Donald Rumsfeld in separate briefings. Powell and Rumsfeld were briefed on
findings and items relevant to their respective institutions.

Boyd recalls that then Commissioner Lee Hamilton attended the Powell briefing
but not the Rumsfeld session.

• Boyd offered me the following observations:


o Rice was engaged in a personal way.
o It was unclear whether Rice tried hard to persuade Bush and Cheney to agree
to a briefing.

4/5/2004
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o If in fact she did make that effort, then Bush and Cheney were too busy, or
turned the briefing down for other reasons.

Mike

4/5/2004
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Mike Hurley

From: Warren Bass


Sent: Monday, April 05, 2004 4:06 PM
To: Jamie Gorelick
Cc: Mike Hurley
Subject: Follow-up questions

Just a few follow-up points from your questions from this afternoon:

1. Clarke was the one who told us the USG was concerned about Fourth of July celebrations in
2001, as well as Genoa. Rice and Hadley don't mention the Fourth in their MFRs; they do
mention the concerns about an attack on the Genoa summit.

2. The title of the August 6 PDB didn't come up on Nexis, so I think it remains classified—
although I'm not sure what harm would be done to national security from revealing it.

Still, you may be interested to learn that Time magazine reported the following in May 2002:
"During the period in which the brief was prepared, says a senior intelligence official, the CIA
came to the conclusion that 'al-Qaeda was determined to attack the U.S."1 Fair enough?

Chris Healey has your FBI and Ashcroft-related questions; Dan Marcus and Alexis Albion have
your March 2001 draft document-related one. I'll wade back into the side-by-side chart as soon
as it gets moved over to the classified system.
Warren

4/5/2004
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Mike Hurley

From: Christine Healey


Sent: Monday, April 05, 2004 2:02 PM
To: Warren Bass; Dan Marcus; Alexis Albion; Barbara Grewe
Cc: Mike Hurley
Subject: RE: Gorelick questions

Warren -

Warren -

Barbara is working on finding documents relevant to the question concerning the FBI tasking. (Our question is:
did it happen? None of our FBI witnesses gave us the impression that it did.) I think the Ashcroft MFR answers
the second question - he thought the attack would be overseas and that FBI had the problem covered.

Original Message
From: Warren Bass
Sent: Monday, April 05, 2004 1:52 PM
To: Christine Healey; Dan Marcus; Alexis Albion
Cc: Mike Hurley
Subject: Gorelick questions
Importance: High

A few things from Jamie, for her Rice prep:

• Do we have anything on a late June 2001 FBI tasking to increase surveillance and contact with
terrorism-related informants? Mike Hurley can show you the original NSC notes that Jamie is
working from (the now-famous Clarke CYA memo after 9/11 on domestic steps taken). She wants
to be sure whether anything was ever done—including internal FBI documents. [Probably a Team
6 thing]
• Did Ashcroft have any reactions to the CIA briefing he got in summer 2001 on the threat spike?
[Probably Team 6 again; please see me if you want the reference to the briefing, which is in a CIA
doc briefed to us at NEOB]
• Does a certain draft document from March 2001 (if Dan and Alexis catch my drift) authorize an
expanded program? Or was it a clean-up? What's in the darn thing? [Dan or Alexis]

She didn't specify when these were due, but I figure somewhere between ASAP and pronto...

Chris, if the first two points aren't Team 6 issues, can you point me in the right direction?

Thanks,
Warren

4/5/2004
Page 1 of 1

Mike Hurley

From: Mike Hurley


Sent: Monday, April 05, 2004 10:42 AM
To: Team 3; Front Office; Karen Heitkotter; Dan Leopold
Subject: Hearing Prep for Commissioner Fielding

Commissioner Fielding would like to get together with Team 3 to prepare


for the public hearing of Dr. Rice.

His office will get back to me later today to advise when he'll be coming
over to meet with us.

Mike

4/5/2004
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Mike Hurley

From: Mike Hurley


Sent: Monday, April 05, 2004 11:17 AM
To: Team Leaders; Team 3; Chris Kojm; Dana Hyde
Subject: Further Questions from Commissioner Gorelick

Team Leaders:
Please push this note to whoever you think might be helpful in answering
Jamie's questions.

Commissioner Jamie Gorelick is spending today preparing for upcoming


hearings. She raised the following questions.

I'd appreciate input from other teams.

• Jamie recalls a quote of President Bush's on 9/11 when he first heard


that a plane had struck the WTC. The president is reported to have
said something on the order of "what a stupid pilot." (I think Dana
knows where this quote can be found.)

• Day of 9/11, story of Tenet meeting with Senator Boren and


commenting, when he learns of the attacks, I wonder if this involves
that guy taking pilot training in Minnesota (Moussaoui). (This is in
Woodward, Bush at War. I'll get it for Jamie.)

• Did Dick Clarke ever brief Dr. Rice on airplanes as weapons before
9/11? (Warren, any indication of this?) Did Clarke brief her in the
aftermath of 9/11 about what was known about airplanes as weapons.
(My notes—9/11-9/20) don't indicate any such briefing.) Is there
anything in our interviews on this?

• Does anyone have a chronology of intelligence on "airplanes as


missiles?" We know about Clarke's and others concerns about
protecting the Atlanta Olympics in 1996, and we know about the
Yousef (?) threat to fly an aircraft into CIA Hqs. Is there a succinct
summary of what was known?

• Jamie is looking for a quote from Secretary Mineta's appearance at


one of our earlier hearings that he was unaware of the aQ threat in
summer of 2002. Can anyone find this quickly?

4/5/2004
Page 2 of2

• Does anyone know whether Dr. Rice contacted John Ashcroft


regarding the high threat level in summer 2001.

• Regarding al-Hazmi and Midhar, when did the CIA tell the FBI these
guys were in the US?

• When did George Tenet know these two guys were in the country?

• Warren, are their any quotes from interviews or press regarding Dr.
Rice's intention/design to have a non-operational NSC? Jamie would
like to see these.

• Warren, also , Jamie is interested in any third-party validation of


Clarke's key criticisms.

• And Warren, Jamie recalls seeing some details on the August 6 PDB
in the press. She wants to ask about this at the hearing and refer to
what's in public discourse. Do you, or anyone else, know where to
find this article?

• For Chris Healey: Chris, thanks for the pages of the Loy transcript.
Jamie would also like to see pages 116 and 117 of the Loy transcript.

Thanks to all,

Mike

4/5/2004
Page 1 of2

Mike Hurley

From: Chris Kojm


Sent: Monday, April 05, 2004 9:32 AM
To: Mike Hurley; Team Leaders; Front Office; Team 3; Team 2; Team 1; Team 7
Subject: RE: Commissioner Gorelick Requests for Rice Hearing Prep Materials

T^ Mike -- Chuck Boyd (former Deputy Commander EUCOM) is now the Executive Director of BENS
'A / (Business Executives for National Security) her in DC.

Jt Team 7 ~ Can you help on Jamie's FAA request??

Original Message
From: Mike Hurley
Sent: Mon 4/5/2004 9:45 AM
To: Team Leaders; Front Office; Team 3; Team 2; Team 1
Cc:
Subject: Commissioner Gorelick Requests for Rice Hearing Prep Materials

,jr' \ Commissioner Jamie Gorelick will be at K Street this morning preparing for
Thursday's public hearing of Dr. Rice. She has asked us to collect the following
materials for her review this morning. Some of the items she's interested in are in
Team 3's portfolio, but some concern issues under investigation by other teams. I
would appreciate if team leaders would review the following list and determine
what each of you might have available to assist Jamie with.

• The hijacker timetable—who's coming and going when

i 'wi/w * Planning for military action in the Clinton and Bush administrations (Team 3
issue)

The Hart-Rudman Commission Report

• Record of requests by the Hart-Rudman Commission to brief the incoming


Bush administration during the transition. (Jamie suggested that a Chuck
Boyd be contacted on this. Does anyone know about this issue? Does
anyone know the Chuck Boyd Jamie is referring to?)

• Dr. Rice's September 1 1 speech. (I told her Dan Marcus has requested this
from the White House)

• Dr. Rice's May 2002 press conference (Team 3 has this in the public hearing
book that went to commissioners on Friday)

4/5/2004
Page 2 of 2

• Kerrick memo to Steve Hadley (We do not have this document)

• Dr. Rice's quote about being turned over a "laundry list" by Clarke (We have
this quote)

• Communications between Dr. Rice or Steve Hadley and FAA and FBI
t jff \ counterparts during the late June early July 2001 timeframe re need to take
steps in response to high threat level

» Records of the July 5, 2001 meeting of domestic law enforcement agencies.


A b (I told her I have notes on Clarke's September 15, 2001 email to Dr. Rice re
this meeting, but we do not have additional paper.)

• She referred to a mid-level FAA person who testified at the commissions May
hearings and said that he attended the July 5 meeting for FAA, and that he
summarized that meeting for his boss. Jamie wants to know what that
official's name was and see the transcript of what he said

i-4- • Rumsfeld and Armitage quotes from our March 23, 24 public hearings on use
H of force before 9/11

• toy's quote (from one of our public hearings) in response to Jamie's


question abut who was in charge

• Jamie would also like a set of SEIBs to review


) \s' *

Jamie intends to review her PDB notes and the Zelikow/Gorelick PDB summary
before the hearing

Jamie will be here in the next 30 minutes or so.


Thanks for your help on all of this.
Mike

4/5/2004
Page 1 of2

Mike Hurley

From: Christine Healey


Sent: Monday, April 05, 2004 8:53 AM
To: Mike Hurley
Subject: RE: Commissioner Gorelick Requests for Rice Hearing Prep Materials

Barbara Grewe was going to do a document request for FBI paper on the July 5th meeting because I don't think
we have anything.

I think Chuck Boyd was the PZ of Hart Rudman. Maybe Hamilton's office has his number. There maybe a copy
of Hart Rudman here, if you don't have it.

I can fax you the Loy pages since I have them on my desk. I will also fax you the FBI NLETS from the summer
2001.

Original Message
From: Mike Hurley
Sent: Monday, April 05, 2004 8:46 AM
To: Team Leaders; Front Office; Team 3; Team 2; Team 1
Subject: Commissioner Gorelick Requests for Rice Hearing Prep Materials

Commissioner Jamie Gorelick will be at K Street this morning preparing for


Thursday's public hearing of Dr. Rice. She has asked us to collect the following
materials for her review this morning. Some of the items she's interested in are
in Team 3's portfolio, but some concern issues under investigation by other
teams. I would appreciate if team leaders would review the following list and
determine what each of you might have available to assist Jamie with.

• The hijacker timetable—who's coming and going when

• Planning for military action in the Clinton and Bush administrations (Team
3 issue)

• The Hart-Rudman Commission Report

• Record of requests by the Hart-Rudman Commission to brief the incoming


Bush administration during the transition. (Jamie suggested that a Chuck
Boyd be contacted on this. Does anyone know about this issue? Does
anyone know the Chuck Boyd Jamie is referring to?)

• Dr. Rice's September 11 speech. (I told her Dan Marcus has requested this
from the White House)

• Dr. Rice's May 2002 press conference (Team 3 has this in the public
hearing book that went to commissioners on Friday)

• Kerrick memo to Steve Hadley (We do not have this document)

• Dr. Rice's quote about being turned over a "laundry list" by Clarke (We
have this quote)

4/5/2004
Page 2 of2

• Communications between Dr. Rice or Steve Hadley and FAA and FBI
counterparts during the late June early July 2001 timeframe re need to take
steps in response to high threat level

• Records of the July 5, 2001 meeting of domestic law enforcement


agencies. (I told her I have notes on Clarke's September 15, 2001 email to
Dr. Rice re this meeting, but we do not have additional paper.)

• She referred to a mid-level FAA person who testified at the commissions


May hearings and said that he attended the July 5 meeting for FAA, and
that he summarized that meeting for his boss. Jamie wants to know what
that official's name was and see the transcript of what he said

• Rumsfeld and Armitage quotes from our March 23, 24 public hearings on
use of force before 9/11

• Loy's quote (from one of our public hearings) in response to Jamie's


question abut who was in charge

• Jamie would also like a set of SEIBs to review

Jamie intends to review her PDB notes and the Zelikow/Gorelick PDB summary
before the hearing

Jamie will be here in the next 30 minutes or so.


Thanks for your help on all of this.
Mike

4/5/2004
Mike Hurley
From: Jamie Gorelick
Sent: Friday, April 02, 2004 6:48 PM
To: Dan Marcus
Cc: Mike Hurley
Subject: Re: here's the fact sheet you asked about

Now that we are putting out a new statement for the Rice hearing for the purpose of giving
context to the hearing, and now that the White House has declassified a part of the NSPD,
we should have a more fulsome discussion of what is and is not in it - including
Armitage's, Rumsfeld's statement that no decision had been made to use force. The White
House has accused me of mischaracterizing the record. I did not say there was no
contingency planning - as there was also in the Clinton administration - but that there
was no decision to use military force and we need to state the facts - which are what they
are - for the record.

Thank you.

Jamie

Sent from my BlackBerry Wireless Handheld

Jamie Gorelick
Wilmer Cutler Pickering LLP
2445 M Street, NW
Washington, DC 20037
(202) 663-6500

Original Message
From: Dan Marcus <dmarcus@9-llcommission.gov>
To: Commissioners <Commissioners@9-llcommission.gov>
CC: Front Office <frontoffice@9-llcommission.gov>; Al Felzenberg <afelzenberg@9-
llcommission.gov>
Sent: Fri Apr 02 17:31:00 2004
Subject: FW: here's the fact sheet you asked about

FYI -- White House fact sheet (released yesterday, I believe) responding to "factual
inaccuracies" from our hearings last week.

Original Message
From: Cunningham, H. Bryan [mailto:H._Bryan_Cunningham@nsc.eop.gov]
Sent: Friday, April 02, 2004 3:29 PM
To: Dan Marcus
Subject: here's the fact sheet you asked about
Page 1 of 1

Mike Hurley

From: Mike Hurley


Sent: Thursday, April 01, 2004 10:11 AM
To: Team 3; Front Office; Karen Heilkotter
Subject: Commissioner Roemer Hearing and Interview Prep

TeamS:

Tim Roemer plans to come to K Street tomorrow (Friday, April 2) afternoon to meet with
us. His focus will be on prep for the Rice public hearing. He'd also like to review
anything we have prepared for our interview of Pres Clinton.

Tim will return next Wednesday (April 7) in the morning for a full day of prep for Rice
and Clinton.

Mike

4/1/2004
Page 1 of 1

Mike Hurley

From: Mike Hurley


Sent: Thursday, April 01, 2004 9:41 AM
To: Team 3; Front Office; Team 6; Karen Heitkotter
Subject: Commissioner Gorelick Rice Hearing and Clinton/Gore Interview Prep

Commissioner Gorelick will come to K Street at 9:00 a.m. on Monday, April 5 to meet
with Team 3 to prep for the Rice public Hearing and for the Clinton and Gore interviews.

Jamie will also meet with Team 6 to prep for the April 13-14 hearings.

Jamie's executive assistant, Mary Booth, also told me that Jamie intended to let
Commissioner Ben-Veniste know about Jamie's plans to be here on Monday, and that
Ben-Veniste might come to do prep at the same time as Jamie.

Mike

4/1/2004

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