Thomas H.

Kean
CHAIR November 10, 2003
Lee H. Hamilton
VICE CHAIR BY CERTIFIED MAIL
Honorable John Ashcroft
Richard Ben-Veniste Attorney General
Max Cleland U.S. Department of Justice
ATTN: Daniel Levin
Fred F. Fielding Robert F. Kennedy Building
Jamie S. Gorelick Tenth Street and Constitution Ave., N.W.
Washington, D.C. 20530
Slade Gorton

John F. Lehman
Dear General Ashcroft:

Timothy J. Roemer The National Commission on Terrorist Attacks Upon the United States,
James R. Thompson
pursuant to statutory authority set forth in Section 605(a)(2) of Public Law
107-306, issued a subpoena to the United States Department of Defense
("DoD") on October 16, 2003. A copy of that subpoena is enclosed. The
Philip D. Zelikow
EXECUTIVE DIRECTOR
original subpoena was served by hand on Stewart F. Aly in the DoD General
Counsel's Office, who agreed to accept service of the subpoena on behalf of
the Department.

If you have any questions about this subpoena, please do not hesitate to
contact the Commission.

Sincerely,

Daniel Marcus
General Counsel

cc: Paul W. Cobb, U.S. Department of Defense

301 7th Street SW, Suite 5125 26 Federal Plaza

Washington, DC 20407 Suite 13-100
T 202.331.4060 F 202.296.5545 New York, NY 10278
www.9-llcommission.gov T 212.264.1505 F 212.264.1595
Thomas H. Kean
CHAIR November 10,2003
Lee H. Hamilton BY FACSIMILE
VICE CHAIR
Stewart F. Aly
Richard Ben-Veniste Office of General Counsel
Max Cleland
U.S. Department of Defense
1600 Defense Pentagon
Fred F. Fielding Washington, D.C. 20301
Jamie S. Gorelick
Dear Mr. Aly:
Slade Gorton
As you know, the National Commission on Terrorist Attacks Upon the United
John F. Lehman
States has voted to issue a subpoena to the Department of Defense for the
Timothy J. Roemer production of certain documents. Thank you for agreeing to accept service of
the subpoena on behalf of the Department. A member of the Commission's
James R. Thompson
staff will serve the original subpoena by hand this afternoon.

Philip D. Zelikow A courtesy copy of the subpoena is enclosed. Please let me know if you have
EXECUTIVE DIRECTOR
any questions.

Sincerely,

)aniel Marcus
General Counsel

cc: Stephen A. Cambone, USD(I)

Daniel Levin, U.S. Department of Justice

301 7th Street SW, Suite 5125 26 Federal Plaza

Washington, DC 20407 Suite 13-100
T 202.331.4060 F 202.296.5545 New York, NY 10278
www.9-llcommission.gov T 212.264.1505 F 212.264.1595
 NATIONAL COMMISSION ON TERRORIST ATTACKS
UPON THE UNITED STATES

SUBPOENA DUCES TECUM

To the United States Department of Defense, Greeting:

Pursuant to lawful authority, YOU ARE HEREBY COMMANDED to

produce no later than November 19,2003, at the offices of the National
Commission on Terrorist Attacks Upon the United States, 301 7th Street,
S.W., Room 5125, Washington, D.C., the books, records,
correspondence, memoranda, papers, and documents set forth in
Attachment A.

Any contumacy or failure to obey this subpoena may subject you to

sanctions and penalties provided by law.

This subpoena to be served by any member of the staff of the National

Commission on Terrorist Attacks Upon the United States.

Given under my hand, by vote of the

Commission, this 10th day of November, 2003.

Thomas H. Kean
Chair, National Commission on Terrorist Attacks
Upon the United States
 ATTACHMENT A

All documents relating to communications between the North American Aerospace Defense
Command (NORAD) and the Federal Aviation Administration (FAA) concerning the
tracking of the hijacked airplanes on September 11, 2001;

All Department of Defense after-action reviews relating to the events of September 11,
2001;

All transcripts, tapes, and other documents related to any interagency phone conferences that
NORAD (including any of its components) conducted or participated in on September 11,
2001, related to the hijackings on September 11, 2001 and NORAD's response thereto;

All transcripts, tapes, and other documents related to any internal NORAD phone
conferences or communications on September 11, 2001, related to the hijackings on
September 11, 2001 and NORAD's response thereto;

All transcripts, tapes, and other documents containing communications and orders conveyed
to pilots scrambled in support of the North East Air Defense Sector's response to the
hijackings on September 11, 2001;

All transcripts, tapes, and other documents of the parent wings of aircraft scrambled in
support of the North East Air Defense Sector's response on September 11, 2001, related to
the response of such aircraft to the hijackings on September 11, 2001; and

All transcripts, tapes, and other documents of the Air Force bases from which aircraft were
scrambled in support of the North East Air Defense Sector's response on September 11,
2001, related to the response of such aircraft to the hijackings on September 11, 2001.

The term "documents" shall be interpreted broadly to mean written, recorded, and graphic
materials of every kind in the Department of Defense's possession, custody, or control,
including (without limitation) computer files, electronic mail, notes, drafts, and non-
identical copies. The term "computer files" includes information stored in, or accessible
through, computer or other information retrieval systems, translated, if necessary, by the
Department of Defense into reasonably useable form.