From: Team
3
To:
Front
Office
Subject:
Response to request for a
list
of
important
categories of overdue
documents
Each
of the document-request items that follow are overdue. In addition, we have
applied
this litmus test:
Priority
categories
from
Team
3 s document requests that show each agency scommitment to reply to the
Commission s requests.
EOP NSC
Document
Request
No.
3)
To
date, the
EOF
has produced a small but significant number of high-impact documents
from
the
Bush administration, including memoranda
from
key
deputies committee
meetings
and papers prepared in advance of those meetings that consider specific CTissues in greater detail. These documents are rich and are proving
helpful.
We still await
documents
from
the
Clinton administration, although
we
recognize that
due to
their
physical
location, the production
process
for these is slower. We hope that, having
secured
agreement to see
drafts
of NSPD-9, the production of earlier relevant completedPDDs and NSPDs should not pose
major
problems. What we have not seen much of to
date
are internal documents both
from
and to Richard
Clarke s
CSG and TNT, including
what
we
estimate should
be a
high volume
of the
emails
that
Clarke reportedly relied
upon
to do CT business. Thus, we suggest the test be applied to the following items:
Items 2 3 4 5 6 and 7
—Item
2
focuses
on
UBL-related tasking
and
other communication
for
Clarke
and
his
TNT
staff
from
POTUS, VPOTUS,
the
National Security Adviser, and/or
the
Deputy
National
Security Adviser. Item 3 focuses on substantive policy memoranda or other
written
communications (including
the
highly important emails) regarding al-Qaida
and
related issues sent
from
Richard Clarke of the TNT Directorate to the President, the
National
Security Advisor, and/or
the
Deputy National Security Advisor. Item
4
calls
forproduction of NSC
documents asking
the
Pentagon
for
military options related
to
UBL.Item 5 requests production of NSC documents related to CIA covert action options. Item6 requests documents summarizing high-level White House diplomatic discussions on
UBL and
related issues reasonably expected
to
affect
U.S.
CT
policy, particularly withPakistan and Saudi Arabia. Item 7 concerns production of transition materials prepared
by
TNT for
incoming
officials
of the
Bush administration.
DoD
Document Request
No. 6)
Items
1 2 and 4
—These
items
focus
on
documents, briefing papers, option papers
and
guidancecompiled by OSD and JCS on CT policy that were presented to Principals' and Deputies'Committee Meetings, including the Bush-Cheney Transition Team and the
Small
Group ,
from
January 1, 1998 through September 20,
2001.
CIA
Team
3's
portion of
DCI
Document Request No. 8)
Items 1 2 3 4
5
6 and 18
—Items
1 and 2
relate
to the
PDB.
We assume that provision of PDB material is
undergoing
policy review. Item 3 concerns briefing packages prepared for the DCI in
advance
of Principals and Deputies' Committee Meetings. Item 4 requests presentations
given
by the DCI to POTUS or VPOTUS. Item 5 asks for presentations used to prepare
the
DCI for meetings with the
Small Group .
Item 6 asks for notes or memoranda ofconversations between
the DCI and
senior foreign
officials.
And
item
18
requests
the
agendas
for
meetings between
the DCI and
SecDef
or
Deputy SecDef.
Our CIA
point
of
contact
has
informally advised
us
that
the
Agency
is
making
its
best
efforts
to
locate
these documents. She explained, however, that the search is not
turning
up
many documents. This scarcity
of
documents
is
due,
she
said,
to the
fact
that
in
many
of
these meetings
no
notes were taken,
and
there
are few
retrievable records
of
how
the DCI was
prepared
for
these high-level meetings
or
minutes
of the
meetings
themselves.
These
are
important requests,
but
they
may not
result
in
production
of
many
documents. In our
opinion,
the
informal explanation
we
received
from
the
Agency point
of
contact
is
probably
an
accurate account
and
does
not
indicate Agency
foot
dragging.
We may
need
to
adjust
course,
and
ensure that
the
details that otherwise might have beenrecorded
in
documents
are
covered
in our
planned interviews with senior agency
officials.
DoS
Document Request
No. 3)
Items
1 and 2
—Item
1
requests substantive policy
memos,
briefing packages, guidance
and
notes
going to or
from
SecState, Deputy
SecState,
or
Undersecretary
for
Policy related
to
UBL,
al-Qaida,
etc. Item 2 calls for documents on DoS communications with Taliban
representatives.
We have been informed that DoS has collected
90,000
pages of 7
th
floor-
related
documents that will soon be delivered here. These are likely responsive to item 1
and
may also respond to item 2 and other item requests. 29 pages responsive to item 3
(DoS communications with Pakistani and/or Saudi governments related to UBL, etc.)have been delivered to the Commission.
DoJ
Document Request
No.
2)
Items and 2
--DOJ
has
produced
1 000
pages responsive
to
item
1
(which requested memos,guidance, notes going to or
from
the AG or Deputy AG related to UBL,
al-Qaida,
orother specified CT issues). We also confirmed during our August 20 meeting with ourDOJ point of contact and Dan Levin that has an additional 423 pages available. Actual
viewing
of these documents is pending resolution of a technical scanning issue at the
Commission
end.
In general it appears
that
DoJ is being
responsive
on our issues at
thistime. We can make a better assessment as to whether our key item requests have been
met
once we are able to view the documents.
FBI Document
Request
No. 9
Items 1 2 3 and 4
—We
received
from
the FBI
documents used
in
briefing Director Mueller, just before
and
immediately
after
he was confirmed as Director (item 7). Item 1 requests substantivememos guidance or notes going to or
from
the Director, Deputy Director or Executive
Assistant
for CT related to UBL, al-Qaida, etc. Item 2 asks for documents concerning
legality
of possible use of lethal
force
against UBL. Item 3 calls for production of
documents
related to senior FBI
officials
discussions with senior foreign
officials.
And
item
4 concerns FBI communications
with
the governments of Afghanistan, Pakistan,Saudi Arabia, and/or Sudan in connection with UBL. The FBI is waiting for these
documents
to arrive
from
its archives.
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