NATIONAL SECURITY COUNCIL

WASHINGTON, D.C. 2O5O4

April 7, 2004

Daniel Marcus, Esq.

General Counsel,
National Commission on Terrorist Attacks Upon the United States

VIA HAND DELIVERY

Dear Mr. Marcus:

Consistent with the President's clearly stated a policy of strong support for the National
Commission on Terrorist Attacks Upon the United States ("Commission"), and upon the specific
request of you and Executive Director Zelikow, we are willing to lend the Commission several
Executive Office of the President (EOF) documents from this morning until the conclusion of
Dr. Rice's testimony tomorrow. As we discussed last night, these documents, which you have
advised us are "core" to your hearing preparations, are:

• A set of documents prepared by Richard Clarke, with cover note dated January 25 , 200 1 ;
• Memorandum from Roger Cressey/Richard Clarke to Dr. Rice dated September 3, 2001,
entitled "September 4 Principals Committee Meeting on Counterterrorism;" and
• The draft of what became our policy directive on eliminating al-Qa'ida following an NSC
Principals Committee meeting of September 4, 2001.

We will this morning lend copies of the original classified documents to you. We also
plan to provide you shortly with versions that have been declassified to the extent possible in
order to aid in questioning by Commissioners at the hearing. These documents are currently
being reviewed by CIA according to their normal declassification process. As we discussed, the
EOF and the Commission agree that these materials are, and remain, the property of the EOP,
that they are on loan to the Commission until the conclusion of Dr. Rice's testimony tomorrow,
and that this loan sets no precedent. In addition, you have agreed that: these documents will be
stored and handled by the Commission Security Officer, or his designee, in accordance with
applicable regulations; no copies will be made, or verbatim notes taken, from these documents;
that records will be kept of who reviews these documents; that they will be reviewed only by
Commissioners and staff previously designated to have access to these EOP materials; and that
there will be no discussions of the contents of these documents other than with and between
Commissioners and previously designated staff.
 Separately, although we agree that it is not a "core" document, we have agreed to loan the
Commission, until the conclusion of Dr. Rice's testimony, a copy of Dr. Rice's draft 9/11
address on arms control/missile defense issues which, as you know, was neither final, nor ready
for delivery at the time of the attacks.

I hope the Commission finds this extraordinary accommodation helpful to its work and
look forward to continuing to work with you.

Sincerely,

John B. Bellinger, III

Senior Associate Counsel to the President
Legal Adviser to the National Security Council
 I T^ . £_U I

THE WHITE HOUSE

WASHINGTON
November 19,2003

Daniel Marcus, Esq.

General Counsel
National Commission on Terrorist Attacks Upon the United States
2lOOKS1restN.W.
Washington, D.C. 20037

Dear Mr. Marcus:

Following up on our prior discussions, I have returned under separate cover notes taken
by Warren Bass while reviewing certain sensitive documents made available to the Commission
hi response to EOP Document Request Nos. 2 and 3. As you will see, I have returned,
unredacted, 88 of tie 105 pages of notes. As we have discussed, however, the remaining 17
pages of notes are being retained for Mr. Bass' use, during reasonable business hours, at the
secure NEOB reading room, because of the degree to which they deviate from our understanding
of the principles for Commission review and handling of EOP documents (memorialized in your
letter to me of July 29,2003).

Based on his review of a few hundred pages of highly sensitive documents, Mr. Bass
produced notes that totaled more than 100 pages and included numerous verbatim quotations.
Our primary concern, however, as we have discussed, is that tixe notes "effectively recreate" ^
several lengthy documents. In many cases, for example, each substantive point of an original
document can be mapped to a grammaticaUy-compressed rendition of the same point within the \
notes, so that, even though the notes consume less space on paper, they effectively recreate ,—^
substantial portions of the source document We believe this violates the letter and the spirit of
our agreement regarding review of EOP documents.

Although many of the notes being returned also, in our view, violate these principles,
only mose notes most egregiously violating the principles are being retained. Together these
redactions reduce the volume of the notes by about 17 pages. Although the remaining notes also
effectively recreate many other sensitive documents, or substantial portions thereof, we are
providing them to you as an accommodation, recognizing that there may have been a good faith
misunderstanding regarding tbe principles governing the release of notes. All of the original
notes, in their unredacted form, will, of course, continue to be available for review by Mr. Bass
in the NEOB reading room.

The EOP has worked to provide the Commission with unprecedented access to a set of
documents of extraordinary sensitivity. As we have previously discussed, a critical part of the
arrangements provided for the review of EOP documents is the reasonable application of our
understanding regarding the handling of those documents' contents. While we are willing to
return Mr. Bass' notes as an accommodation this time, please be advised that in the future we
intend to maintain for the Commission's use, at the NEOB reading room — at least absent a
particularized showing of need — all notes that effectively recreate documents, or portions
thereof, in tihe manner described above. We believe the most reasonable way to comply with the
existing arrangementss and to fecilitate the release of notes in the future, is for the Commission to
review and analyze documents during visits to the NEOB reading room and request the removal
only of those notes sufficient to allow the Commission to complete its work and prepare a report
This approach will help protect the Constitutional interests of the Presidency while enabling the
Commission to complete its work in a timely fashion.

Sincerely,

lonheim
Associate Counsel to the President
U1/.L3/ZUU4 1HU

THE WHITE HOUSE

iWASHjj
January 15, 2004
f^MA^^
Daniel Marcus, Esq.
General Counsel
National Commission on Terrorist Attacks Upon the United States
2100KStrectN.W.
Washington, D.C. 20037

Dear Mr. Marcus:

Consistent with the President's clearly stated 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, the Executive Office of the
President ("HOP") is making available to the Commission documents and information that may
be responsive to the Commission's request entitled "Supplement to EOF Document Request
No. 2," dated December 1,2003.

These documents (Bates numbered 4304 - 4365), which are available in the New
Executive Office Building ("NEOB") reading room, reflect the results of inquiries made of
relevant offices within the HOP in response to the request as we have discussed. Please be
advised that some of these documents may not be responsive to the Commission's request,
because we have not been able to confirm that all the pages were (I) "contemporaneous notes"
(2) of "individuals present in the White House Situation Room" (3) from September 11, 2001.
We are, however, making them available to the Commission in an abundance of caution and as
an accommodation to the Commission. This letter also will memorialize that notes of EOF
official Paul Kurtz were made available to Commission staff in mid-December 2003 and now are
in the NEOB reading room (Bates numbered 4304 - 4321). These documents are being produced
as part of a "rolling production/' pursuant to our agreement and the terms of the request. We
will continue to advise you if we locate any additional responsive documents.

The referenced 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 purpose for which the Commission made
the request.

Sincerely,

Thsmas A. Monheim
Associate Counsel to the President
 THE WHITE HOUSE
WASHINGTON

August 25, 2003

Daniel Marcus, Esq.

General Counsel
National Commission on Terrorist Attacks Upon the United States
2100 K Street N.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 responding to the Commission's requests entitled "EOF Document Request No. 4," dated
August 4, 2003 (the "Document Request") and "EOF Briefing Request No. 1," dated August 4,
2003 (the "Briefing Request").

Regarding the Document Request, we do not believe that the Executive Office of the
President has any responsive documents. Our inquiries are, however, ongoing, and we will
advise you if we identify any responsive documents.

Regarding the Briefing Request, we will continue to work with you to determine how we
might reasonably accommodate your request.

Sincerely,

mas A/Monheim
Associate Counsel to the President
 fi
UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES

THE WHITE HOUSE

WASHINGTON

August 13,2003

Daniel Marcus, Esq.

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 that may be responsive to the Commission's request entitled "EOF
Document Request No. 3," dated July 23, 2003 (the "Request"). The enclosed documents reflect
the results of inquiries made of relevant offices within the Executive Office of the President
("EOF") in response to the Request. These inquiries are ongoing, and we anticipate furnishing
additional documents shortly.

The enclosed documents comprise (i) twelve White House transcripts of interviews with
President Bush (with pages numbered 1338-1459); (ii) three Executive Orders (with pages
numbered 1460-1469); and (iii) classified annexes to the annual report to Congress on
counterterrorism funding prepared by the Office of Management and Budget from 1998 through
2002 (with pages numbered 1470-1549).

I note that the Commission previously requested - and we previously provided - White
House transcripts of Bob Woodward's interviews with President Bush. Pursuant to the terms of
the Request, we are providing only the portions of the transcripts that "discus[s] the facts and
circumstances surrounding the 9-11 attack and the immediate response of the United States." All
portions of the documents provided in response to the Request that 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. I also note
that the Commission could reasonably have obtained the OMB submissions directly from
Congress, but we are providing them to you as an accommodation in response to your Request.

Please be advised that I have identified a few additional documents that may be
responsive to EOF Document Request No. 2, dated June 4, 2003. Those documents, which we
will place in the reading room, comprise certain Presidential movement and call logs from
September 11, 2001 (with pages numbered 1550-1554) and (ii) additional Counterterrorism
Support Group material (with pages numbered 1555 et seq). I note that we have previously
provided the Commission with the President's Daily Diary from September 11, 2001, and logs
from the White House Situation Room, the Presidential Emergency Operations Center, and the
White House Military Office for September 11, 2001. As we have consistently advised you, we
continue to search for responsive materials pursuant to our "rolling production" agreement.
UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES
 UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES

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,

Tjnomas A/Monheim
Associate Counsel to the President
Enclosures

UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES

 UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES

THE WHITE HOUSE

WASHINGTON

August 13, 2003

Daniel Marcus, Esq.

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

Dear Mr. Marcus:

Following up on our prior discussions, I am sending you the enclosed notes taken by
Richard Ben-Veniste, Tim Roemer, and Dana Hyde while reviewing certain sensitive documents
made available to the Commission in response to EOF Document Request No. 2.

As I explained during our meeting last Thursday, portions of these notes do not comply
with our subsequent understanding of the principles for Commission review and handling of
EOF documents (memorialized in your letter to me dated July 29, 2003). For example, Ms.
Hyde's notes -- and, to a lesser extent, Mr. Ben-Veniste's notes — "effectively recreate"
substantial portions of the EOF documents reviewed. Moreover, Mr. Roemer 's notes — and, to a
lesser extent, Mr. Ben-Veniste's notes — directly quote EOF documents and those quotes are not
"reasonably limited."

Nevertheless, we are returning these notes to the Commission as an accommodation, in

large part because they were taken before the note-taking procedures were finalized. We
understand, however, that you will share our concerns with the Commission to ensure
compliance with the letter and spirit of our agreement in the future. Our provision of these notes
to you without redactions is based in part on your representation that the Commission will abide
by the agreed-upon presumption to not quote from presidential deliberative materials in the
Commission's report. This letter also applies to some of the notes, which we returned to you last
week, taken on NSC documents. Finally, as agreed at our meeting last week, notes taken by Mr.
Hurley on highly sensitive documents, which did "effectively recreate" significant portions of
highly sensitive documents, will be retained by the EOF, but will, of course, be available for
review by Mr. Hurley in the NEOB.

We continue to appreciate the constructive way in which you and we have been able to
work together to balance the constitutional interests of the Executive Branch with the needs of
the Commission in carrying out its important mission.

Sincerely,

Tjicjmas AMonheim
Associate Counsel to the President
Enclosures
UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES
 THE W H I T E HOUSE
WASHINGTON

August 7, 2003

Daniel Marcus, Esq.

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 additional documents, with pages numbered 1276-1337, that maybe responsive to
the Commission's request entitled "EOP Document Request No. 1," dated May 13, 2003 (the
"Request"). The enclosed documents reflect the results of inquiries made of relevant White
House offices in response to the Request.

The enclosed documents comprise transcripts of (i) an interview with Chief of Staff
Andrew H. Card, Jr. on August 16, 2002; (ii) an interview of former Press Secretary Ari
Fleischer on August 6, 2002; and (iii) three interviews of Governor Tom Ridge on August 26,
2002. Pursuant to the terms of the Request, we are providing only the portions of the transcripts
that "discus[s] the facts and circumstances surrounding the 9-11 attack and the immediate
response of the United States." All portions of the documents provided in response to the
Request that 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 avajM>le) 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,

romas A. Monheim
Associate Counsel to the President
Enclosures
06/25/03 WED 18:20 FAX 1^002

THE WHITE HOUSE

WASHINGTON

June 25, 2003

Daniel Marcus, Esq.

National emission on Terrorist Attacks Upon the United States
2100 K Street N.W.
Washington, D.C. 20037

Dear Mr. Marcus:

aSyou by letter dated JuL 17, 2003, information responsive to Category 1 is bemg
gaAered 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
TO£ST^m«p^^
completing our search and review of potentially responsive material;hw™^^
still ongoing. We anticipate making additional documents available on a rolling basis.

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. Leitc
Deputy Counsel to the President
06/17/03 TUE 15:03 FAX • 0]002

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
("EOP") 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