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Dan —
Philip
Original Message
From: Philip Zelikow [mailto:pzelikow@9-llcomniission.gov]
Sent: Monday, April 07, 2003 11:02 PM
To: 'Ciongoli, Adam'
Subject: Reply to Your Message on Joint Inquiry Access Issues
sAdam —
On the material in the memo to Eleanor that I had not discussed with you
•on Friday, you should know that I had not discussed them before with
Eleanor either. That material seemed to fall into a set of
miscellaneous pieces that could be tracked more usefully if detailed
specifically in writing. So I passed them along with the major requests
I had reviewed with Eleanor and with you, in the memo which I cc'd to
you.
After reflecting on the disclosure issue you mentioned over the phone,
I've done some rereading, and have wondered about a proper noun used in
one of our specific requests from a staffer's work files.
http://kinesis.swishmail.com/webmail/imp/message.php?index= 12 4/8/2003
Mail:: INBOX: FW: Reply to Your Message on Joint Inquiry Access Issues Page 2 of 4
are certainly willing to redact this noun and be even more cautious in
the future.
I'm glad you're working this issue. Our original request for the Joint
Inquiry material was provided in writing on February 13. You can see
the results we have achieved so far after nearly two months. Our
statutory deadline is now 13 1/2 months away. But we still believe a
quietly cooperative approach will end up being more constructive and,
ultimately, more effective.
Philip
Original Message
From: Ciongoli, Adam [mailto:Adain.Ciongoli@usdoj.gov]
Sent: Monday, April 07, 2003 7:50 PM
To: 'pzelikow@9-llcommission.gov' (Receipt Notification Requested) (IPM
Return Requested)
Subject: RE: National Commission Staff and Document Rooms at CIA, FBI,
and NSA
Phil -
I'm happy to discuss first thing tomorrow, though I still have some
fact-finding to complete after that. Thanks again for your
consideration.
Adam
Original Message
From: Philip Zelikow [mailto:pzelikow@9-llcommission.gov]
Sent: Sunday, April 06, 2003 8:17 PM
To: Ciongoli, Adam
Cc: ckojm@9-llcommission.gov; dmarcus@9-llcommission.gov;
skaplan@9-llcommission.gov; 'John Ivicic'; pzelikow@9-llcommission.gov
Subject: National Commission Staff and Document Rooms at CIA, FBI, and
NSA
:Adam -
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Mail:: INBOX: FW: Reply to Your Message on Joint Inquiry Access Issues Page 3 of 4
/9/11 Classified Information •
Any documents that we wish to copy for Commission files will be the
object of an appropriate request. Any classified document or set of
documents received by the Commission will be entered into a Commission
registry to track these holdings and regulate access to such material.
Philip Zelikow
i'
h
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INBOX: RE: Information Access Issues and M'n»B, <-opy f^his message to {g|
Tomorrow's Commi... (1 of 21) CE
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Date: Wed, 9 Apr 2003 19:14:15 -0400
From: "Ciongoli, Adam" <Adam.Ciongoli@usdoj.gov>^
To: '"pzelikow@9-11commission.gov"' <pzelikow@9-11commission.gov>^, "IPM Return Requested"©^
Cc: "'dmarcus@9-11commission.gov'" <dmarcus@9-11commission.gov>^, "Receipt Notification Requested"©^
Subject: RE: Information Access Issues and Tomorrow's Commission Meeting
Hi Phil-,
Sorry it's taken me a bit today to get back to you- Here's what I've got:
1. Hearing transcripts:
There are 3 closed hearings (June 16/11 and Sept 12) that I need to review for
unauthorized disclosures. I asked Eleanor yesterday for some time to review
that, she said she needed to clear that and I have not-, as yet heard back from
her. As soon as I've had a chance to review those-, we can talk about any
potential concerns-, if they exist- In the meantime! there's no problem with you
reviewing the other 7 transcripts and I'll convey that to Eleanor-
As we discussed-, there are 2 other hearings (October 1/lDth) that involve FBI-
designated sensitive material-, that should be limited to the agreed list of DSH
cleared staff- Overall-, I assume that no one will be reviewing hearings unless
they are cleared and need-to-know the subject based on assignment-
I'd like to discuss your thoughts on notetaking-, particularly of the
OctoberT/nth hearings-
2- Uitness interviews:
There are 6 individuals (approximately 1M interviews) that I need to review for
potential privilege issues- Those are the interviews of:
Hike Sheuer
Cofer Black
Again! I've asked Eleanor for time to review these and have not yet heard back-
Among the 3DD-plus other interview reports-, there are numerous others that
implicate very sensitive interests-i including source information. Acccordingly-,
we would like to set up (quickly) an opportunity for the Agency and the Bureau
to brief you and any other sta.ff who would be reviewing these reports before
accessing interview reports- \'\, I assume that no one will bg.reviewing interview reports unl
cleared and need-to-know the subject .based on assignment! and again-, I'd like to
discuss your thoughts on notetaking.\. swishmail.com/webmail/imp/message.php?actionID=l01&index=57&start=l
Adam -
I've been watching Saddam's statue come down- Recalling my work in the
NSC on Germany and Eastern Europe in November this day sure feels
like another one to remember-
I am out out nf t-.ho n f f i r o i-prijy. but you can reach me via e-mail or on my
c e l l p h o n e -I I
Philip
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Subject: Fwd: RE: Information Access Issues and Tomorrow's Commission Meeting
Dan —
We've also closed out all our current issues with Eleanor- Call and I'll update
you •
Philip
1- Ply secretary should've sent over the POC list this morning. I have a meeting
scheduled Monday (E to 3) to instruct them to cooperate with you- I'll follow
up with you after that and then you can deal with them directly.
£• I've been trying all day to get representatives from the Bureau and Agency
available to brief you-, as I know you're eager~to get started- It appears I'll
have someone from CIA tomorrow morning-i and hopefully FBI as well- I assume
you'd like to do this at your offices-
5- you are correct that one of the things I plan to address on Monday with the
POC's is access to documents that they shared with JICI- Once I've had that
conversation Monday afternoon-, I'll be in better shape to discuss arrangements-
Adam
Original Message
From: Philip Zelikow Cmailto:pzelikowaT-llcommission-govJ
Sent: Thursday-, April ID, EDD3 1:3M AM
To: Ciongoli-, Adam
Cc: dmarcus31-llcommission•gov
Subject: RE: Information Access Issues and Tomorrow's Commission Meeting
7message.php?actionID=148&mailbox-INBOX&bodypart=$bodypart&index=65&uniq=105004/10/03
Mail:: INBOX: RE: POC meeting Page 1 of 3
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lAdam —
jiOn the specifics, neither I nor anyone authorized to speak for the
Commission has asked for DOD e-ma.i'ls. I offered earlier today to
backbrief you on my meeting at POD, and that offer is still good. I
also tried to phone you right.after that meeting and the one with CIA,
as you may know.
That said, this is the second time in two days that you've raised this
concern, and the second time I've asked you to explain their origin. So
we should have the phone call at 9 tomorrow morning, and I welcome your
constructive suggestion that we make this a daily habit. I'll be glad
to call you.
I look forward to talking with you/tomorrow morning, and I'm sorry that
you're hearing bothersome things. •
Philip /
Phillip-- ' /
Second, I appreciate the 'heads up' that you've given me and others
about areas beyond what was provided to the JICI that you believe will
be of interest in the near term. I think, however, that before we go
any further down that road, that there needs to be a discussion about
the process by which the Commission will "determine" that such areas are
appropriate for inquiry, as required by Section 604 (b)(2) of the
statute. I anticipate that this is a conversation that will need to
include Kean and Hamilton, as well as some of my principals. I am happy
to arrange this as soon as feasible.
Adam
Original Message
From: pzelikow@9-llcommission.gov [mailto:pzelikow@9-llcomm.ission.gov]
Sent: Monday, April 14, 2003 5:25 PM
To: Ciongoli, Adam
Subject: RE: POC meeting
Adam —
Pursuant to our agreement, I have not had any conversations yet with
agency POCs or conveyed any requests for information to any of them. I
have only been arranging times to meet with them, starting no earlier
than tomorrow, as we agreed.
|i
;|So if any POC has received a request from the Commission for
information, it did not come from me or from anyone authorized to speak
for the Commission. I'm puzzled, so let me know what's going on,
especially if it turns out that I need to talk with any members of my
staff.
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Mail:: INBOX: RE: POC meeting Page 3 of 3
With respect to NSA, the only message for Karen Valentine is that I am
also trying to meet directly and informally with Mike Hayden, who is an
old friend. For now I've told my assistant to hold off on any meeting
just with Karen.
!j Philip
Original Message • i
From: Adam.Ciongoli@usdoj.gov [mailto:Adam.Ciongola@usdoj.gov]
Sent: Monday, April 14, 2003 4:28 PM i
To: 'pzelikow@9-llcommission.gov' I
Subject: POC meeting I .
I met with the various Pocs today and gave them an outline of how we see
this working, and I think they understand. One thing that came up was
that a number of them had received requests for information that you and
I had not yet discussed, or for time to meet withjyou (NSA). With
regard to the former category (requests for information) I asked that
they forward me until you and I have had a chance:to discuss them.
Regarding the meeting with Karen Valentine at NSA; I told her I assumed
it was a standard meet and get to know, and that She shouldn't be
concerned. Obviously, if there's any substance yt>u want, letting me
jjknow will help speed the process. \ am trying to arrange a briefing for you tomorro
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9/11 Classified Information
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9/11 Closed by Statute
| people who need to have access to the relevant HUMINT but do not have a
•: need to know about this other area of Agency operations- No one at the
;. Agency has asked us to take this further step-, but we consider it
;\-
;\p
—---Original Message
From: Adam.Ciongoli3usdoj.gov Cmailto:Adam-CiongoliSusdoj-govJ
Sent: Thursday, April 17-, 5D03 t,:15 Pfl
To: Philip Zelikow (E-mail) (Receipt Notification Requested) (IPH Return
Requested)
Cc: Eleanor H i l l (E-mail) (Receipt Notification Requested) (IPM Return
Requested)
Subject: Follow up
Phillip-,
as discussed this morning:
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..MaikrINBOX: RE: Issue Update: CIA Page 1 of 2
Phillip,
I just left this information on your mobile phone voicemail, but as I said in that
message, I'm following up in writing.
2.1 |also .told me that the index to these boxes (all 25) is about 50 pages, He
intends\to messenger that to you tomorrow, for your review.
J3. With regard to the documents held by the JI, your understanding is the same as
•(mine that our agencies do not have a "ready-made" set, and it would be much
llquicker if we can get the JI to give you access to theirs, as I mentioned to you
'Monday, we're, still txying to work through that with them, and i obviously
appreciate your thoughts in that regard, rest assured we will resolve this as
quickly as possible.
best,
Adam
Original Messuage *
From: pdz6n@virginia.edu [mailto:pdz6n@virginia.edu]
Sent: Wednesday, April 23, \2003 7:58 AM
To: Ciongoli, Adam
Cc: dmarcus@9-llcommis.sion.gbv
Subject: Issue Update: CIA
Adam -
Though our discussions at CIA yesterday were positive, we are still not actually
able to examine a single document there, for the following reasons:
1.1 l-has only been able to review a co.uple of boxes to address your concerns,
The documents, she has identified far your review have not been pulled; the boxes
are not in a pla-ce where we can examine, them.
2. What would be more useful to us than examining the boxes is to examine the
indexes of their contents - the''-t.ables of\Cpntents for them. ,.J~ [says she
needs your permission to let us examine the.se index documents and asked me to make
this request to you. • . V. ... •
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:: INBOX: RE: Issue Update: CIA Page 2 of 2
3. The boxes tend to contain more sensitive internal material, such as operational
cables. The finished intelligence reports are not there. Copies were given to
the Joint Inquiry without additional copies being retained in the 'reading room1
at CIA. So:
B) CIA would naturally prefer that we get the copies from the Ford
Building, rather than have us request them and have them make copies all over
again.
On this last point: In discussing this matter with Eleanor I gained the
impression that the agency had retained copies of the documents they provided to
the JIS. That is apparently not the case at CIA, and mainly not the case at FBI
either. Hence we would have to do the request process again. Further, I had the
impression that Eleanor's problem related to the digital storage of the documents,
mixed in a database with privileged material. But I've now been told that the JIS
also still has the hard copies of the documents they took back, which are boxed
(and with the contents indexed).
I hope you will convey to | |, your permission to let us examine the relevant
index documents so that we can then identify documents we wish to pull from their
boxes, once they have reviewed them. And I'll weigh in with Eleanor to recount my
discoveries and concerns about the' documents held by the JIS. Meanwhile I hope
|that, with your permission, we can \begin to examine the CIA index documents so
;'that we can identify the documents we need to see either from the JIS boxes or in
fresh requests from CIA.
Philip
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