WITHDRAWAL NOTICE

RG: 148 Exposition, Anniversary, and Memorial Commissions

SERIES: Team 3, 9/11 Commission
NND PROJECT NUMBER: 52100 FOIA CASE NUMBER: 31107

WITHDRAWAL DATE: 11/18/2008

BOX: 00003 FOLDER: 0007 TAB: 1 DOC ID: 31205884

COPIES: 1 PAGES: 12

_ACCESS RESTRICTED>_|
The item identified below has been withdrawn from this file:

FOLDER TITLE: Hurley's [Dept. of Justice] File

DOCUMENT DATE: 07/02/2003 DOCUMENT TYPE: Letter

FROM:

TO:

SUBJECT: DOJ Document Request No. 2

This document has been withdrawn for the following reason(s):

9/11 Classified Information

WITHDRAWAL NOTICE
Mail:: Sent Items: Call from DOJ POC Re Doc Request No. 2 Page 1 of 1

45.36MB / 476.84MB (9.51%)

Date: Mon, 4 Aug 2003 11:49:18 -0400
From: "" <mhurley@9-11commission.gov>4P
To: "" <frontoffice@9-11 commission.gov>9,"" <dsnell@9-11 commission.gov>9
Cc: "" <team3@9-11commission.gov>^F
Subject: Call from DOJ POC Re Doc Request No. 2
Philip, Chris, Dan, Steve,

This morning, DOJ's Faith Burton telephoned me regarding DOJ Document Request
No. 2. Faith advised that #8 under "Items Requested" was particularly broad in
terms of the number of documents it would capture. #8 reads: "DOJ documents
prepared or produced from September 20, 2001 through the present that discuss
the September 11 attacks or retrospective analysis of al Qa'ida's activities
before the September 11 attacks."

She said that DOJ personnel responding to this request were asking for
additional guidance because such a large volume of documents could be
understood to be related to this request. Many of these documents, however,
were very far down in the weeds and Faith did not believe they would hold any
interest for us. She said that producing all these documents, many of which
would hold no value, would slow the process down.

She made clear that DoJ is committed to responding to the Commission's needs,
but asked for clarification and assistance in narrowing the request to make it
more manageable and responsive to what we actually need.

I told her that, from the Counterterrorism Policy Team's perspective, we are
interested in significant documents that came to the attention of the AG, the
Deputy AG, and the DoJ rep to Dick Clarke's CSG; documents that informed the
positions these senior officials took/advocated at the deputies and principals'
level.

Faith said she found this narrowing of #8 helpful and that it would speed
production. She made clear her understanding that by narrowing the request
somewhat we are not giving up any rights to expand the request should our
investigation require.

Mike

http://kinesis.swishmail.com/webmail/imp/message.php?Horde=6e3f79a9f02ffce501efa47a9c... 8/4/03
 U.S. Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

August 5, 2003

Dan Marcus, General Counsel

National Commission on Terrorist Attacks
Upon the United States
2100 K Street, NW, Suite 300
Washington, DC 20036

Dear Mr. Marcus:

This responds to the Commission's Document Request No. 2 to the Department, which
requested documents relating to substantive policy development, policy guidance, and related
communications from January 1998 to September 20,2001 or, in some instances, to the present.

Enclosed are classified documents, which total 1023 pages and originated with the
Department's Criminal Division. We are providing them to the Commission with the
understanding that they will be stored and handled in accordance with established requirements
relating to their classification. We have additional classified documents that are under review at
the FBI and we will supplement this response when that review is completed.

I hope that this information is helpful. We are awaiting your guidance regarding the
Commission's preferences with regard to the CD format for other materials you have requested
and look forward to hearing from your technical staff so that we can continue with our processing
efforts. Please do not hesitate to contact me if you would like additional assistance regarding this
or any other matter.

Sincerely,

William E. Moschella
Assistant Attorney General

Enclosures
Mail:: INBOX: Re: Call from DOJ POC Re Doc Request No. 2 Page 1 of 2

45.44MB / 476.84MB (9.53%)

Date: Mon, 4 Aug 2003 12:00:34-0400
From: "" <dmarcus@9-11commission.gov>^l
To: "" <mhurley@9-11 commission.gov>4P
Cc: "" <frontoffice@9-11commission.gov>4P,"" <dsnell@9-11commission.gov>^,"" <team3@9-
11 commission. gov>4f
Subject: Re: Call from DOJ POC Re Doc Request No. 2

You handled this just right. Our original request was too burdensome, and the
narrower one will still get us the bulk of what we need.

Quoting "" <mhurley@9-llcommission.gov>:

> Philip, Chris, Dan, Steve,

>
> This morning, DOJ's Faith Burton telephoned me regarding DOJ Document Request
>
> No. 2. Faith advised that #8 under "Items Requested" was particularly broad
> in
> terms of the number of documents it would capture. #8 reads: "DOJ documents
>
> prepared or produced from September 20, 2001 through the present that discuss
>
> the September 11 attacks or retrospective analysis of al Qa1Ida's activities
>
> before the September 11 attacks."
>
> She said that DOJ personnel responding to this request were asking for
> additional guidance because such a large volume of documents could be
> understood to be related to this request. Many of these documents, however,
>
> were very far down in the weeds and Faith did not believe they would hold any
>
> interest for us. She said that producing all these documents, many of which
>
> would hold no value, would slow the process down.
>
> She made clear that DoJ is committed to responding to the Commission's needs,
>
> but asked for clarification and assistance in narrowing the request to make
> it
> more manageable and responsive to what we actually need.
>
> I told her that, from the Counterterrorism Policy Team's perspective, we are
>
> interested in significant documents that came to the attention of the AG, the
>
> Deputy AG, and the DoJ rep to Dick Clarke's CSG; documents that informed the
>
> positions these senior officials took/advocated at the deputies and
> principals'
> level.
>
> Faith said she found this narrowing of #8 helpful and that it would speed
> production. She made clear her understanding that by narrowing the request
> somewhat we are not giving up any rights to expand the request should our
> investigation require.
>
> Mike

http://kinesis.swishmail.com/webmail/imp/message.php?Horde=6e3f79a9fl)2ffce501efa47a9c... 8/4/03