Sei sulla pagina 1di 10

06/25/03 WED 18:20 FAX

1^1002

THE WHITE HOUSE


WASHINGTON

June 25, 2003

Daniel Marcus, Esq.


General Counsel
National Commission on Terrorist Attacks Upon the United States
2100KStreetN.W.
Washington, D.C. 20037

Dear Mr. Marcus:

Consistent with the President's policy of support for the work of the National Commission on
Terrorist Attacks Upon the United States ("Commission"), and as a matter of comity between the
legislative and executive branches, we have today made available to the Commission, its General
\, and its Executive Director a set of documents, as pages numbered 582-785, that may be
responsive to Categories 2-4 of the Commission's request entitled "EOP Document Request No.
2," dated June 4,2003 ("Request No. 2"). We have redacted from the documents which may be
responsive to Categories 2 and 3 certain information about continuity of operations which is
"^ highly sensitive from a national security standpoint. As we advised you yesterday, however, we
are prepared to offer a briefing on the information requested in Category 5. As we previously
advised you by letter dated June 17, 2003, information responsive to Category 1 is being
gathered as expeditiously as possible and will be made available on a "rolling" basis.

The documents we have made available today reflect the preliminary results of inquiries made to
White House offices in response to Request No. 2. We have made substantial progress toward
completing our search and review of potentially responsive material; however, these efforts are
still ongoing. We anticipate making additional documents available on a "rolling" basis.

These documents are made available subject to the terms expressed in our earlier letters to you,
including the understanding that they are made available with due regard for the constitutional
separation of powers and reserving all legal authorities, privileges and objections that may apply,
including with respect to other governmental entities or private parties. The documents are also
made available to the Commission in confidence and as in closed session. As a result, we expect
that the Commission will take all necessary steps to protect information derived from these
documents from unauthorized disclosure and from use for any purpose other than the legislative
purpose for which the Commission made the request.

Sincerely,

David G. Lei te
Deputy Counsel to the President
06/17/03 Tit 15:03 FA.V

THE WHITE HOUSE


WASHINGTON

June 17, 2003

Dear Mr. Marcus:

We have received the Commission's "EOF Document Request No. 2" ("Request No. 2"),
which has a return date of June 25, 2003. This letter responds to your invitation in that
request to "inform the Commission promptly if the production date poses a problem for
certain categories of documents."

As acknowledged by your staff in discussions prior to the issuance of Request No. 2, and
as is implicit in the wording of the request itself, the task of locating, retrieving, and
reviewing the materials you request, particularly in Item No. 1, will take longer than the
15 business days allowed by your return date. As you know, there is a large volume of
potentially responsive material from which the requested information will need to be
identified. Much of the requested information comprises documents from the previous
Administration, which are in the legal custody of the National Archives and Records
Administration ("NARA") pursuant to the Presidential Records Act. 44 U.S.C. §§ 2201-
2207. The number of individuals at NARA and in the Executive Office of the President
("HOP") with sufficient security clearance to see, and meaningfully review, these
materials, is very small. In addition, regulations pursuant to the Presidential Records Act
mandate specific periods of review for materials of a former Administration. 36 C.F.R.
Part 1270.

We initiated searches for the requested materials shortly after receiving Request No. 2,
and fully intend to respond to your request on a "rolling" basis, as expeditiously as
possible. We will also be happy to keep you apprised of our efforts to make responsive
documents available as quickly as possible. As you know, the President has stated the
commitment of the Executive Branch to support the work of the Commission. We look
forward to continuing our close interaction with Commission staff as you continue with
your important work.

^Sincerely yo

David G. LeiTch
Deputy Counsel to the President

Daniel Marcus, Esq.


General Counsel
National Commission on Terrorist Attacks Upon the United States
2100KStreetN.W.
Washington, D.C. 20037
f'-;
THE WHITE HOUSE
WASHINGTON RECEIVED

June 11, 2003 JUN ] ] 2003

Daniel Marcus, Esq. National Commission on


General Counsel Terrorist Attacks
National Commission on Terrorist Attacks Upon the United States
2100KStreetN.W.
Washington, D.C. 20037

Dear Mr. Marcus:

As you know, the President has clearly stated a policy of support for the work of the
National Commission on Terrorist Attacks Upon the United States ("Commission"). Consistent
with that policy, and as a matter of comity between the legislative and executive branches, we
previously provided a set of documents, as pages numbered 1 - 572, in response to the
Commission's "EOF Document Request No. 1," dated May 13, 2003 (the "Request").
Subsequently, at your request, we provided an opportunity for you and Mr. Philip Zelikow to
review the full, un-redacted text of the documents we provided in response to the Request,
including all portions which had been marked as "non-responsive."

Following your review, you requested that we provide certain additional portions of
these documents to the Commission. While we do not concede that the enclosed materials are
responsive to the Request or relevant to the Commission's inquiry, we are providing them as an
accommodation.

The enclosed documents comprise additional portions of: (i) one transcript of an
interview conducted by Bob Woodward and Dan Balz of the Washington Post with President
Bush; (ii) two transcripts of interviews conducted by Woodward with National Security Advisor
Condoleezza Rice; and (iii) one transcript of interviews conducted by Woodward and Balz with
Deputy National Security Advisor Stephen Hadley. These pages are numbered as in the original
set of documents provided in response to the Request, so that the pages can be substituted for
those in the original response. Also enclosed is the transcript of a press conference held by Dr.
Rice on May 16, 2002, which is publicly available, including on the White House web site.

These materials are furnished pursuant to all terms and conditions stated in the May 21,
2003 letter to you from the Counsel to the President and in my May 23, 2003 letter to you.

Sincerely yours,

David G. Leitch
Deputy Counsel to the President
NATIONAL SECURITY COUNCIL
W A S H I N G T O N , D.C. 2O5O4

RECEIVED
June6 ' 2003 JUN.72003
T. • 1 A y f c National Commission on
Daniel Marcus, Esq. Terrorist Attacks
General Counsel
National Commission on Terrorist Attacks Upon the United States
2100KStreetN.W.
Washington, D.C. 20037

Dear Mr. Marcus:

Consistent with the President's policy to support the work of the National Commission
on Terrorist Attacks Upon the United States ("the Commission"), and as a matter of comity
between the legislative and executive branches, we are enclosing an additional set of documents,
as pages numbered 360-572, that maybe responsive to the Commission's requested entitled
"EOF Document Request No. 1," dated May 13, 2003 (the "Request"). As we indicated in our
previous responses, the enclosed documents reflect the results of preliminary inquiries made of
relevant White House offices in response to the Request and we anticipate furnishing additional
documents. Specifically, we anticipate that there will be additional documents provided to you
shortly as a result of our discussions today. As you know, the full, non-redacted text of each of
the enclosed documents was previously made available to the Commission, with our intended
redactions of material not responsive to the Request marked, and both you and Executive
Director Phillip Zelikow have taken the opportunity to review them.

The enclosed documents comprise: (i) twelve transcripts of interviews conducted with
Dr. Condoleezza Rice in 2001 and 2002 by Bob Woodward and other journalists; and (ii) two
transcripts of interviews conducted by Bob Woodward and Dan Balz with Stephen Hadley in
January 2002. These additional documents are provided subject to the terms of the May 21,
2003 letter from the Counsel to the President, and the May 23, 2003 letter to you from Deputy
Counsel to the President David Leitch, including that they are furnished with due regard for the
constitutional separation of powers and reserving all legal authorities, privileges and objections
that may apply, including with respect to other governmental entities or private parties.
Documents and other information are furnished to the Commission in confidence and as in
closed session. Please ensure that the Commission protects them from unauthorized disclosure
and from use for any purpose other than the legislative purpose for which the Commission made
the request.

Sincerely yours,

John B. Bellinger, III


Senior Associate Counsel to the President
and Legal Adviser, National Security Council
OFFICE OF THE VICE PRESIDENT
WASH I NGTON

CLOSED SESSION MATERIAL

June 3, 2003

Daniel Marcus, General Counsel


National Commission on Terrorist Attacks
Upon the United States
301 Seventh Street SW
Room 5125
Washington, D.C. 20407

Dear Mr. Marcus:

RE: Commission's OVP Document Request No. 1 Dated May 20, 2003,
Relating to Title VI of Public Law 107-306

As a matter of comity between the executive and legislative branches, enclosed are Vice
Presidential executive materials (pages numbered 000001 through 000565) which maybe
responsive to the Commission's request of May 20, 2003 entitled "OVP Document Request No. 1."

The enclosed materials, and all materials that are subsequently furnished (whether by delivery or by
making them available), are furnished with due regard for the constitutional separation of powers
and reserving all legal authorities and privileges that may apply, including with respect to other
governmental entities or private parties. All materials are submitted to the Commission in
confidence and as in closed session. Please ensure that the Committee protects the materials and
their contents from unauthorized disclosure and from use for any purpose other than the legislative
purpose for which the Commission issued the document request.

Please direct further requests, if any, for Vice Presidential executive materials to me by facsimile
transmission at (202) 456-6429.

Sincerely,

David S. Addington
Counsel to the Vice President
THE WHITE HOUSE RECEIVED
WASHINGTON
MAY 2 3 2003
May 23, 2003 w , ,.
3 ' National Commission on
Terrorist Attacks

Daniel Marcus, Esq.


General Counsel
National Commission on Terrorist Attacks Upon the United States
2100KStreetN.W.
Washington, B.C. 20037

Dear Mr. Marcus:

As you know, the President has clearly stated a policy of support for the work of the National
Commission on Terrorist Attacks Upon the United States ("Commission"). Consistent with that
policy, and as a matter of comity between the legislative and executive branches, we are
enclosing an additional set of documents as pages numbered 242-359 that may be responsive to
the Commission's request entitled "EOF Document Request No. 1," dated May 13, 2003 (the
"Request"). The enclosed documents reflect further results of preliminary inquiries made of
relevant White House offices in response to the Request. These inquiries are ongoing, and we
anticipate furnishing additional documents shortly.

The enclosed documents comprise (i) two transcripts of an interview conducted by Bob
Woodward and Dan Balz of the Washington Post with President Bush on December 20, 2001,
and (ii) portions of the transcript of a second interview conducted by Woodward and Balz with
President Bush on August 20, 2002 (the "August 20 Interview"). Pursuant to the terms of the
Request, we are providing only the portions of these transcripts that "discus[s] the facts and
circumstances surrounding the 9-11 attack and the immediate response of the United States." As
the Counsel to the President advised the Chairman and Vice-Chairman of the Commission on
May 21, 2003, we have interpreted the phrase "the immediate response of the United States" as
stated in the Request, to include events occurring on or prior to September 20, 2001. Because a
substantial majority of the August 20 Interview concerns events occurring after that date, we
have provided only the portions of that interview which may be responsive, and have indicated
the number of pages that are omitted. All portions of the documents provided in response to the
Request which are marked as "non-responsive material" will be made available to the
Commission as discussed between the Counsel to the President and the Chairman and Vice-
Chairman of the Commission.

The enclosed documents and information, and all documents and information subsequently
furnished, are furnished (whether by delivery or by making them available) with due regard for
the constitutional separation of powers and reserving all legal authorities, privileges and
objections that may apply, including with respect to other governmental entities or private
parties. Documents and other information are furnished to the Commission in confidence and as
in closed session. Please ensure that the Commission protects them from unauthorized
disclosure and from use for any purpose other than the legislative purpose for which the
Commission made the request.

Sincerely yours,

David G. Leitch
Deputy Counsel to the President
THE WHITE HOUSE
WASHINGTON
RECEIVED
June 11, 2003 JUN ] 1 2003
Daniel Marcus, Esq. National Commission on
General Counsel Terrorist Attacks
National Commission on Terrorist Attacks Upon the United States
2100KStreetN.W.
Washington, D.C. 20037

Dear Mr. Marcus:

As you know, the President has clearly stated a policy of support for the work of the
National Commission on Terrorist Attacks Upon the United States ("Commission"). Consistent
with that policy, and as a matter of comity between the legislative and executive branches, we
previously provided a set of documents, as pages numbered 1 - 572, in response to the
Commission's "EOF Document Request No. 1," dated May 13, 2003 (the "Request").
Subsequently, at your request, we provided an opportunity for you and Mr. Philip Zelikow to
review the full, un-redacted text of the documents we provided in response to the Request,
including all portions which had been marked as "non-responsive."

Following your review, you requested that we provide certain additional portions of
these documents to the Commission. While we do not concede that the enclosed materials are
responsive to the Request or relevant to the Commission's inquiry, we are providing them as an
accommodation.

The enclosed documents comprise additional portions of: (i) one transcript of an
interview conducted by Bob Woodward and Dan Balz of the Washington Post with President
Bush; (ii) two transcripts of interviews conducted by Woodward with National Security Advisor
Condoleezza Rice; and (iii) one transcript of interviews conducted by Woodward and Balz with
Deputy National Security Advisor Stephen Hadley. These pages are numbered as in the original
set of documents provided in response to the Request, so that the pages can be substituted for
those in the original response. Also enclosed is the transcript of a press conference held by Dr.
Rice on May 16, 2002, which is publicly available, including on the White House web site.

These materials are furnished pursuant to all terms and conditions stated in the May 21,
2003 letter to you from the Counsel to the President and in my May 23, 2003 letter to you.

Sincerely yours,

David G. Leitch
Deputy Counsel to the President
THE WHITE HOUSE RECEIVED
WASH.NGTON ^g g ^

May 21, 2003 "^StSSSSK™

Daniel Marcus
General Counsel
National Commission on Terrorist Attacks Upon the United States
2100KStreetN.W.
Washington, D.C. 20037

Dear Mr. Marcus:

As you know, the President has clearly stated a policy of support for the work of the
National Commission on Terrorist Attacks Upon the United States ("Commission"). Consistent
with that policy, and as a matter of comity between the legislative and executive branches, we
are enclosing documents as pages numbered 1 to 241 that may be responsive to the
Commission's requested entitled "EOF Document Request No. 1," dated May 13, 2003 (the
"Request"). The enclosed documents reflect the results of preliminary inquiries made of relevant
White House offices in response to the Request. These inquiries are ongoing, and we anticipate
furnishing additional documents shortly.

The enclosed documents and information, and all documents and information
subsequently furnished, are furnished (whether by delivery or by making them available) with
due regard for the constitutional separation of powers and reserving all legal authorities,
privileges and objections that may apply, including with respect to other governmental entities or
pnvate parties. Documents and other information are furnished to the Commission in confidence
and as in closed session. Please ensure that the Commission protects them from unauthorized
disclosure and from use for any purpose other than the legislative purpose for which the
Commission made the request.

In addition, in response to question 2 of the Request and question 3 of the Request (in
part), please be advised that the Office of the Vice President is separate from the Executive
Office of the President, to whom your inquiry was addressed. We understand that the Office of
the Vice President is separately addressing the vice presidential executive materials, in response
to the Commission's OVP Document Request No. 1 of May 20, 2003.

Following is a preliminary response to question 4 as stated in "EOP Document Request


No. 1".

Question 4: Please state whether recordings were made of telephone conversations to


and from the President on September 11, 2001, especially while he was aboard Air Force
One.
Response: Based on information provided by the White House Military Office and the
White House Situation Room, after preliminary inquiries, no audio or video recordings
were made of the contents of such telephone conversations.

Finally, the preliminary response to question 5 is classified and is being provided today
under separate cover. Please ensure that it is appropriately secured and that no disclosure is
made beyond properly cleared Commission members and staffs with a proper need to know.

Sincerely,

Alberto R. Gonzales
Counsel to the President