T1 B26 Patrick Fitzgerald Fdr- All Emails- Notes- Memos- Questions in Fdr 616

8/14/2019 T1 B26 Patrick Fitzgerald Fdr- All Emails- Notes- Memos- Questions in Fdr 616

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Yoel ToblnFrom: Christine HealeySent: Tuesday, January 27, 2004 7:03 PMTo: Doug Greenburg; Yoel TobinCc: | 9/11 p e r s o n a l p r i v a c y |Peter R u n d l e t ; [email protected]: Fitzgerald questions

Doug and Yoel -Thanks so much for your willingness to cover for us if the weather continues to be a problem for Lance. Thereare a lot of questions here and we understand there might not be time for them all. Some of the final questionsare as interesting to us as the ones in the middle - so it would be better to ask one question from a section, if timeruns short.Thanks.Chris

1/27/2004


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Patrick Fitzgerald Questions[assumes prior qu estioners have covered his background and his w ork on terrorism caseswhile an Assistant Un ited States Attorney in the Southern District of New York]October 11.2001 Memorandum to the Attorney General

We have seen your memorandum of October 11, 2001 to the Deputy AttorneyGeneral. In ma ny respects, it is an intelligence report, pulling together thestatements of man y "sources." Did you think that there was no other way for theDAG to become aware of this information unless you pulled it together? Have you seen any indication that information of "intelligence value" gathered byofficials traditionally considered law enforcement officials is now being reported anddisseminated to policymakers and intelligence analysts on a timely basis?

Pre-9/11 FBI-DOJ Cooperation and Coordination Please describe your perception of thepre-9/11 working relationship betweenDepartment of Justice prosecutors in U.S. Attorney 's Offices and FBI agents in FieldOffices, and in particular the coordination and cooperation between the two interrorism investigations and prosecutions. How has this working relationship changed since 9/11? Please describe your experiences using, and the obstacles to using, criminalinvestigative techniques, such as the grand jury process, Title III surveillancemethods, and offers of immunity from prosecution or the opportunity to plead toreduced charges in exchange for cooperation, in terrorism investigations prior to the9/11 attacks. In your October 21, 2003 testimony before the Senate Judiciary Committee you saidthat taking down the FIS A "wall" was "the single greatest change we needed" after

the 9/11 attacks - please explain whythat is the case. Are further changes needed?

FISA Issues Please describe your understanding of the genesis anddevelopment of the "Wall"? Post-9/11, the conventional wisdom seems to be that the Wall was unnecessary and not legallyrequired. What was your view prior to the FISA C ourt of Review decision of the Walland the policies and procedures that were created to maintain it? What was the view ofothers in the Southern District and other parts of the Justice Depa rtment? While you were an AUSA were you aware of the problems that had surfaced in FISAapplications during the summ er of 2000?


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Now that FISA-obtained information can be more freely used in criminal prosecutions, afederal district court or court of appeals could disagree with the FISA Court of Reviewand interpret the FISA statute, as amended by the PATR IOT Act, mo re restrictively.What impact w ould such a ruling have on counterterrorism efforts within that district orcircuit?

USA PATRIOT Act The USAPATRIOT Act has given the government newpowers to combat terrorism but,as you know, it has also caused concerns am ong som e citizens. One area of concern iswhether special powers intended to be used to fight terrorism, such as FISA surveillanceunder the "significant purpose" standard, could be misused in non-terrorism lawenforcement investigations. [An analogy here is the RICO statute, which was intended tocombat organized crime bu t came to be widely used fo r everything from business crimesto abortion protests.] Do you believe these concerns have any merit? If not, what internal Justice Department and FBIprocedures ensure that special anti-terrorism powers w ill not be misused?

o What are your though ts regarding the degree to which the Act appropriatelybalances concerns fo r security and privacy/civil liberties. Do you think any of theprovisions go too far (i.e., that the benefit to security does no t justify the loss ofprivacy)? Sunset Provisions: A number of provisions of the PATRIOT Act will "sunset" inDecember 2005 if Congress does not act to extend them or make them permanent (suchas section 215, the FISA business records provision, and section 218, the "significant

purpose" standard for FISA surveillance or searches).o If these provisions are allowed to sunset, how significantly will it affect theGovern m ent's ability to com bat terrorism?o Are certain of the sunset provisions more im portant than others in terms ofobtaining congressional extension?o If section 218 is allowed to sunset and the standard for FISA goes back to the old"primary purpose" standard, does the FISA Court of Review opinion provideadequate authority for the Government to continue to combat terrorismeffectively?o Is there a way to m aintain some of these authorities and build in some addedprotections to prevent the use of the m ore intrusive methods from beingintroduced in non-terrorism related criminal trials?


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Other Legal Issues Administrative Subpoenas: The President has said that C ongress should pass a statutegiving the FBI an administrative subpoena power in anti-terrorism investigations, similarto the administrative subpoena power the FBI has in some kinds of drug and health carefraud investigations. The FBI already has authority to issue "National Security Letters"in terrorism investigations to obtain three categories of information - telephone billinginformation; consumer credit inform ation; and financial institution information (nowbroadly defined to include casinos, pawnshops, travel agents, vehicle sales, loan andfinance companies, and other kinds of personal financial records).

Why is the existing NSLauthority inadequate and why is it essential that the FBIbe given broader administrative subpoena power? Would theproposed administrative subpoena power be even broader than thepower under section 215 of the USA PATRIOT Act to obtain records frombusinesses, libraries, etc. - which hasbeen controversial andreportedly has notyet been used - in that noprior judicial approval would be required for anadministrative subpoena, while section 21 5 requires prior approval by the FISACourt? Why is broader administrative subpoena power necessary when section215 is available?

What kind andlevel of approval should be required foran FBIadministrative subpoena -internal FB I approval only (as for NSL s); approval by a Department of Justice attorney(as for grand jury subpoenas); or some kind of judicial approval (as with FISA Courtapproval under section 215 of the USA PATRIOT Act)? AG Guidelines. What is your assessment of the impact in the field of the recentamendments to the Attorney General Guidelines? Are there areas where furtheramendments are needed? Material W itness Statute. Prior to 9/11, to what extent did you use or consider the useof the Material Witness statute to detain terrorist suspects?

Information Sharing. Resources. Government Organization Issues Information Sharing: FBI-Intelligence Community. From your perspective, howeffective were the w orking relationships between the FB I and other agencies of theintelligence community, and in particular the effectiveness of FBI's relationships withCIA and NSA on counterterrorism matters prior to 9/11? How has this changed since9/11? Resources. W ith respect to domestic intelligence collection to combat terrorism, someexperts have asserted that the need for additional resources may be greater than the needfor additional legal authorities at this time.


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How do youassess theneed for additional resources at this time, both at theDepartment of Justice and at the FBI? Can youidentify specific functions within theJustice Department and FBIwhereadditional resources wou ld make themost difference - for example, technologyand computer systems; linguists and translation capability; or recruitment andtraining of intelligence analysts?

MI-5. Some experts argue that having law enforcement agencies act as domesticintelligence collectors is a good policy because law enforcement powers, particularly thethreat of criminal prosecution, give law enforcement agencies an ability to compelinformation that intelligence agencies lack. Other experts argue that intelligencecollection and law enforcement are very different, and a focus on prosecution and thecollection of admissible evidence for trial hampers law enforcem ent agencies that alsocollect intelligence. Do you have specific views on the ability of the FBI to performdomestic intelligence collection w hile also acting as our country's lead federal lawenforcement agency? Overall Assessment of Current FBICapabilities. What is your assessment, basedon your experience as a federal prosecutor, of the F BI's current ability to detect,disrupt, and prevent terrorist attacks upon the United States, including the FB I'sability to perform its counterterrorism intelligence function?


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Yoel TobinFrom: Christine HealeySent: Tuesday, March 09, 2004 3:34 PMTo: Yoel TobinSubject: Fitzgerald

Yoel-Faith Burton just called. She said Fitzgerald will be in town on Thursday and there is a chance some of hisappointments may fall through and he would be available to see us sometime in the day. Could be any timebetween 9 am and 7 pm.Does this sound okay to you? I think there is a lot of merit in catching himwhile wecan. Also, since we onTeam6 haven't seen him in person, itthink? If you want to call, I amChris

6 haven't seen him in person, it WAHIH honnor) for us to try to do it this way rather than by phone. What do youa t | I

9/11 Personal Privacy

3/9/2004


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Yoel TobinFrom: Yoel TobinSent: Monday, February 23, 2004 10:57 AMTo: Yoel Tobin; 'Cole, Lance'; Christine Healey; Lance Cole; '[email protected]'Cc: Doug MacEachinSubject: RE: Phone conversation with Patrick Fitzgerald

I talked to Doug, and he confirmed what I set forth below. (He will no t participate in the phone call, it will probablybe just me from Team 1).Original MessageFrom: Yoel TobinSent: Saturday, February 21, 2004 8:05 PM

To: 'Cole, Lance1; Christine Healey; Lance Cole; [email protected]: Doug MacEachinSubject: RE: Phone conversation with Patrick FitzgeraldI will double-check with Doug tomo rrow, but I think anhour for Team 1 would suffice, and we should try toset it up for 2 hours on March 3 or 4.

Original MessageFrom: Cole, Lance [mailto:[email protected]]Sent: Friday, February 20, 2004 3:51 PMTo: Christine Healey; Lance Cole; [email protected]; Yoel TobinSubject: RE: Phone conversation with Patrick FitzgeraldChris,I think I cancover the things I want to cover in an hour or less.Lance

Original MessageFrom: Christine Healey [mailto:[email protected]]Sent: Friday, February 20, 2004 3:48 PMTo: Lance Cole; [email protected]; Yoel TobinSubject: Phone conversation with Patrick FitzgeraldWhen you can, please give me an estimate of how much time you think you will need to doa phone conference with Fitzgerald. Then I will getback to Faith Burtonto set it up -trying to arrange it for Wed. or Thursday of the first week of March. No w that I think of it,this may need to be done out of DoJ in order to allow for secure teleconferencing.Lance, Y oel has a Team 1 presentation for commissioners on Tuesday.

2/23/2004


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Yoel TobinFrom: Christine HealeySent: Friday, February 13, 2004 11:43 AMTo: Yoel TobinSubject: RE: Proposed April Hearing^hat's right. I will see Faith Burton today and raise this with her.Original MessageFrom: Yoel TobinSent: Friday, February 13, 2004 10:32 AMTo: Christine Healey

Cc: Doug MacEachin; Tom Dowling; Nicole Grandrimo; Sarah Linden; Team 6Subject: RE: Proposed April HearingWe were going to let you take the lead in setting up and conducting the next interview, since your teamwasn't able to attend last time. However, Team 1 would also like to attend a second interview, ifpossible. How do you want to proceed? Whoever sets it up has to go thru Faith Burton of DOJ/LEG (Ibelieve a phone call will do, no additional letter is needed). Fitzgerald wa s very helpful and open, but hewa s also clear about the fact that if we want to do another interview in DC we will have to accommodatehis schedule.

Original MessageFrom: Christine HealeySent: Friday, February 13, 2004 9:54AMTo: Yoel TobinCc: Doug MacEachin;Tom Dowling; Nicole Grandrimo; Sarah Linden; Team 6Subject: RE: Proposed April HearingYes, I had actually. In fact, he was on one of our earlier drafts when we were going to use thefirst panel to talk about the AQ threat in the US during the 90's. But I was just thinking about himagain this morning.Even if the threat is not the focus for the first panel, he would be a good witness for the panel wehave devised. Since nothing is set in stone until it happens, we will keep him in mind.Are there an y steps we should be taking for lining up his next interview?

Original MessageFrom: Yoel TobinSent: Friday, February 13, 2004 9:43AMTo: Christine HealeyCc: Doug MacEachin; Tom Dowling; Nicole Grandrimo; Sarah LindenSubject: RE: Proposed April HearingHave you thought of inviting Pa t Fitzgerald to testify during this hearing? (I apologize fornot thinking of him sooner).

Original MessageFrom: Christine HealeySent: Thursday, February 12, 2004 6:47PMTo: Team LeadersSubject: Proposed April Hearing

2/13/2004


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Here is what I sent to the Front Office this afternoon. Further revised from mylast email to Team Leaders.

2/13/2004


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Yoel TobinFrom: Yoel TobinSent: Thursday, January 29, 2004 11:35 AMTo: Lance Cole; Doug GreenburgCc: Team 1; Team 6Subject: RE: Fitzgerald interview

Yes. He is amenable to continuing the interview. The only problem, from his point of view, is that although heneeds to travel to D C for the leak investigation, he also needs to be in Chicago as m uch as possible so that he isnot an "absentee" USAttorney. So we discussed several possibilities, including finishing the interview by phone orvideoconference, going to Chicago, or him sque ezing out 2-3 hours for us on one of his trips here. He said thelatter alternative would likely work for him if we were flexible and could accommodate him on short notice or atirregular hours, e.g., the evening.My recommendation is that Teams 1 and 4 write up the MFR, show it to you (because we did cover a little bit ofyour stuff), and then approach Faith Burton of DOJ and try to reschedule him in DC for a specific # of hours.Although your team should have p riority at the ne xt session, Team 1 would like to talk to him for another hour orso, if possible

Original MessageFrom: Lance ColeSent: Thursday, January 29, 2004 10:39 AMTo: Yoel Tobin; Doug GreenburgSubject: RE: Fitzgerald interviewYoel and Doug,Sorry I didn't make it down in time for the interview yesterda y. Peter said it may be continued at a date inFebruary - is that right?Thanks, Lance

1/29/2004


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Yoel TobinFrom: Yoel TobinSent: Tuesday, January 27, 2004 11:06 AMTo : Doug Greenburg; Christine Healey; Melissa Coffey; Graham G iusti; Doug MacEachin; Lance ColeCc: Melissa CoffeySubject: RE: Fitzgerald interview

I think the logistics are in place for tomorrow. Doug M., Doug G., and I will leave here at 9 and take a cab toDOJ. Lance, I propose that you meet us at the main DO J entrance, on Constitution between 9tth and 10th, at 9:20AM . We w ill then go up together to the Comm and Center. The interview is now scheduled to last for 4 hours,from 9:30 to 1:30, with a break in the middle. If agreeable to everyone, we will keep to the same time allotments #described below. Also, contrary to my earlier e-mail, wewill not be taping the nterview. Lance, please confirm , *:/r;that you will meet us at 9:20 at the main DOJentrance. Melissa, thank you for setting this up. -^^^ y.Original Message ',X:Y^ jFrom: Doug Greenburg ,

Sent: Monday, Ja nuary 26, 2004 9:46 AM ixTyr-To: Yoel Tobin; Christine Healey; Melissa Coffey; Graham Giusti; Doug MacEachin; Lance Cole (,Ju',Subject: RE: Fitzgerald interviewThis works for m e, although I may not take my full 30 minutes (famous last words for a lawyer).

Original MessageFrom: Yoel TobinSent: Sunday, January 25, 2004 6:38 PMTo: Christine Healey; Melissa Coffey; Graham Giusti; Doug Greenburg; Doug M acEachin; LanceColeSubject: R E: Fitzgerald interviewChris: It would be fine with us, but Mike tells me that he has a conflict and cannot attend.Melissa and Graham: If you have not already done so, could you please pass clearances over toDOJ for Lance Cole, Doug M., Doug G., and myse lf? Thanks!To all: If acceptable to eve ryone, which I think it is, Team 1 will lead off the questioning and takemost of the time. After us, Team 4 w ill take 30 m inutes, and Team 6 will go last and take 45minutes. As of now, we are scheduled for a total of 3 hours, 9:30-12:30, this coming Wednesdayat the DOJ command center. I assume that Doug G., Doug M., and I will head over together fromthe K Street location - Lance, where and howwould you like to meet up with us?Finally, Melissa, can you please arrange for a recording device? An d unless it's contrary to ourusual practice, I think we should let DOJ know in advance that we are planning to record theinterview in their space. Thanks.

Original MessageFrom: Christine HealeySent: Sunday, January 25, 2004 6:58 AMTo: Yoel TobinSubject: Fitzgerald interviewYoel -

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Yoel TobinFrom: Yoel TobinSent: Tuesday, January 20, 2004 4:22 PMTo: Doug Greenburg; Christine Healey; Melissa Coffey; Team 1; Team 4; Team 6Cc: Graham GiustiSubject: RE: Pat Fitzgerald interview scheduled - need attendees

Melissa: Thanks for organizing this. Doug and I will attend from Team 1. No documents.Graham, if you could pass clearances to DOJ at the appropriate time for me, Doug MacEachin, Doug Greenburg,and Lance Cole, that would be great. Thanks!

Original MessageFrom: Doug GreenburgSent: Tuesday, January 20, 2004 12:43 PMTo: Christine Healey; Melissa Coffey; Team 1; Team 4; Team 6Subject: RE: Pat Fitzgerald interview scheduled - need attendeesI will ask the Team 4 questions. I will not take more than a hour, and maybe less. No documents.

Original MessageFrom: Christine HealeySent: Tuesday, January 20, 2004 12:24 PMTo: Melissa Coffey; Team 1; Team 4; Team 6Subject: RE: Pat Fitzgerald interview scheduled - need attendeesLance Cole is planning to attend from Team 6. We understand that Team 1 is taking thelead on this interview and will start off the questions. Lance will havequestions that address the systemic issues involving Justice and FBI.

Original MessageFrom: Melissa CoffeySent: Tue 1/20/2004 11:45 AMTo: Team 1; Team 4; Team 6Cc:Subject: Pat Fitzgerald interview scheduled - need attendeesHello Teams 1, 4, and 6 -W e have PatFitzgerald scheduled forJanuary 28th from9:30am - 12:30pmjn the>^Command Center at JusticeXAVe are working w ith haitK Burton to see if we cangeTSnother hou r added ^n,but at this point, we can count on three hours. PerFaith's request, please let me know as soon as possible who will be attending fromyour teams, an d if you plan to show M r. Fitzgerald any specific documents. Faithalso asked to know w ho wo uld be questioning M r. Fitzgerald if different from theattendees.Thank you.Melissa CoffeyStaff AssistantNational Com mission on Terrorist Attacks Upo n the U.S.

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202-331-4080 tel202-296-5545 fa x

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Yoel TobinFrom: Melissa CoffeySent: Friday, January 23, 2004 9:28AMTo: '[email protected]'Cc: Yoel TobinSubject: Attendees and documents for Pat Fitzgerald interview

Good mo rning Faith -I wanted to get back to you on the attendees for the Pat Fitzgerald interview on Jan. 28th. They are:Lance Colel 9/11Personal Privacy |DOUgGreenburgj 9/1]- Personal Privacy |DOUgMacEachJn I 9/uPersonal Privacy jYoel Tobinl 9/ll Personal Privacy I

There are no documents that the teams are planning to show Mr. Fitzgerald.Please contact me with an y questions o r concerns.Regards,Melissa CoffeyStaff AssistantNational Commission o n Terrorist Attacks Upon the U.S.202-3 31-4080 te l202-296-5545 fa x

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Yoel TobinFrom: Yoel TobinSent: Friday, January 16, 2004 2:02 PMTo: Melissa CoffeyCc: Team 1; Team 4; Team 6Subject: RE: fitzgerald

The interview should be conducted in a SCIF. Justice has SCIFs, but we need to make her aware of thatrequirement.If we co uld persuade them to hold the interview he re, would there be an alternate space available, e.g.,office?Also, if you can talk to Graham once everything is settled, and get the appropriate clearances passed, thatbe great. Thanks.

Original MessageFrom: Melissa CoffeySent: Friday, January 16, 2004 10:47 AMTo: Yoel TobinSubject: RE: fitzgeraldConference room is booked solid that day. I know Faith m entioned holding the interview at Main Justice?Melissa CoffeyStaff AssistantNational C omm ission on Terrorist A ttacks Upo n the U.S.202-331-4080 tel202-296-5545 fax

Original MessageFrom: Yoel TobinSent: Friday, January 16, 2004 10:46 AMTo: Melissa CoffeyCc:Team 1Subject: RE: fitzgeraldThanks for the correction, I was m isinformed. The 28 th is ok for us, 10AM is ok for us, pleasecheck with Teams 4 and 6. Thanks! If they're ok with it, we can discuss location with Justice (KStreet would be best, assuming the conference room is available).

Original MessageFrom: Melissa CoffeySent: Friday, January 16, 2004 10:39 AMTo: Yoel TobinSubject: RE: fitzgeraldFYI - The hearing is scheduled for the 26 th and 27th, not the 28 th, according to DanLeopold, who would know. :o)Melissa CoffeyStaff Assistant

1/16/2004


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National Com mission on Terrorist Attacks Upon the U.S.202-3 31-4080 te l202-296-5545 fax

Original MessageFrom: Yoel TobinSent: Friday, Jan uary 16, 2004 10:35 AMTo: Melissa CoffeyCc: Team 1Subject: RE: fitzgeraldYes, please e-mail Teams 4 and 6. The date is ok with us if it's ok with the otherteams. The only thing we may need s ome flexibility on is the spe cific time of theinterview, given that Doug w ould like to attend part of the Com mission hearingthat day. But let's first see if this date works for Teams 4 and 6, and if they haveany time restrictions that day.

Original MessageFrom: Me lissa CoffeySent: Friday, January 16, 2004 10:15 AMTo: Yoel TobinSubject: RE: fitzgeraldFaith Burton called back, and is working with Fitzgerald's office forJanuary 28 th at 10am here in DC. Shall I email Teams 4 and 6 to see ifthat date works? It doesn't seem that we have much flexibility in the date.Melissa CoffeyStaff AssistantNational Commission on Terrorist Attacks Upon the U.S.202-331-4080 te l202-296-5545 fax

Original MessageFrom: Yoel TobinSent: Friday, January 16, 2004 9:47 AMTo: Melissa CoffeySubject: RE : fitzgeraldThank you

Original MessageFrom: Me lissa CoffeySent: Thursday, January 15, 2004 5:05 PMTo: Yoel TobinSubject: fitzgeraldLeft a message with Faith B urton at D OJ to get back to m e withsom e dates for Fitzgerald. Haven't he ard back ye t, will keep youposted.Cheers,Melissa CoffeyStaff AssistantNational Commission on Terrorist Attacks Upon the U.S.

1/16/2004


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202-331-4080 tel202-296-5545 fax

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Yoel TobinFrom: Yoel TobinSent: Wednesday, January 07, 2004 5:55 PMTo: Peter RundletCc: Team 1; Team 4Subject: RE: US Attorney Fitzgerald

It's not scheduled yet. Our intention is to schedule it in DC on a date that works for your team as well as Teams 1and 4. By the way, I have some Congressional testimony from Fitzgerald that I think will be of interest to yourteam, if you don't have it already.Original Message

From: Peter RundletSent: Wednesday, January 07, 2004 4:09 PMTo: Yoel TobinSubject: RE: US Attorney FitzgeraldHi Yoel,When is the interview with Fitzgerald scheduled for?Many thanks,Peter Original MessageFrom: Yoel Tobin

Sent: Wednesday, January 07, 2004 1:21 PMTo: Team 4; Team 6Cc: Team 1; Steve DunneSubject: US Attorney FitzgeraldIn relation to the Commission's request to interview US Attorney Pat Fitzgerald:Faith Burton of DOJ spoke to Doug MacEachin this morning, and asked us to provide a onepager that would give Fitzgerald an idea of what he should review before the interview. Attachedis our proposed paragraph on that point. Because this will be a joint interview with Teams 4 and6 , 1 would ask each of those teams to please add whatever additional paragraph(s) you thinkappropriate, and then e-mail it back to me so I can send it to Faith. Thanks.

1/7/2004


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Yoel TobinFrom: Doug GreenburgSent: Wednesday, January 07, 2004 3:12 PMTo: Yoel TobinSubject: Fitzgerald.paragraph

As promised, our Fitzgerald paragraph. Any idea when and where this will take place?dng

1/7/2004


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We are interested in talking to U.S. Attorney Fitzgerald about his experienceinvestigating and prosecuting cases related to terrorist or jihadist iundraising in theUnited States. In particular, we are interested in his views on the challenges of makingcriminal terrorist financing cases and any recommendations he may have about the properrole of criminal prosecutions in the overall effort to combat the financing of Al Qaedaand affiliated Islamic extremist groups. In addition, we are interested in his views aboutthe extent to which Al Qaeda and affiliated groups are raising funds in the U.S., theeffectiveness of the U.S. government effort to combat such fund raising, and any viewshe may have about how to improve the effectiveness of the U.S. government efforts inthis regard.


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Yoel TobinFrom: Lance ColeSent: Wednesday, January 07, 2004 4:07 PMTo: Yoel TobinCc: Team 6Subject: RE: US Attorney Fitzgerald

Yoel,Attached is a list of points of interest to Team 6.Thanks, LanceOriginal Message

From: Yoel TobinSent: Wednesday, January 07, 2004 1:21 PMTo: Team 4; Team 6Cc: Team 1; Steve DunneSubject: US Attorney FitzgeraldIn relation to the Comm ission's request to interview US Attorney Pat Fitzgerald:Faith Burton of DOJ spoke to Doug MacEachin this morning, and asked us to p rovide a one pager thatwould give Fitzgerald an idea of what he should review before the interview. Attached is our proposedparagraph on that point. Because this will be a joint interview with Teams 4 and 6 ,1 would ask each ofthose teams to please add whatever additional paragraph(s) you think appropriate, and then e-mail itback to me so I can send it to Faith. Thanks.

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Legal authorities andguidance relating to theDepartment ofJustice's - and inparticular theFBI's - counterterronsm investigative activities, including but notlimited to the Foreign Intelligence Surveillance Act ("FISA"), the AttorneyGeneral's Guidelines, and the USA PATRIOT Act;

Theworking relationship between Department of Justice prosecutors in U.S.Attorney's Offices and FBI agents in FieldOffices, and in particular thecoordination and cooperation between the two in terrorism investigations andprosecutions;

The use of, and the obstacles to using, criminal investigative techniques, suchas the grand jury process, Title III surveillance methods, and offers ofimmunity from prosecution or the opportunity to plead to reduced charges inexchange for cooperation, in terrorism investigations;

Anassessment, based onyour experience as a federal prosecutor, of theFBI's ability to detect, disrupt, andprevent terrorist attacks upon the UnitedStates, including the FBI's ability to perform its counterterrorism intelligencefunction;

Additional legal authorities, policy changes, or resource allocations thatwould further enhance the ability of the Department of Justice and the FBI todetect, disrupt, and prevent terrorist attacks upon the United States.


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Yoel TobinFrom: Yoel TobinSent: Wednesday, January 07, 2004 1:21 PMTo: Team 4; Team 6Cc: Team 1; Steve DunneSubject: US Attorney Fitzgerald

In relation to the Commission's request to interview US Attorney Pat Fitzgerald:Faith Burton of DOJ spoke to Doug MacEachin this morning, and asked us to provide a one pager that wouldgive Fitzgerald an idea of what he should review before the interview. Attached is our proposed paragraph onthat point. Because this will be a joint interview with Teams 4 and 6 ,1 would ask each of those teams to pleaseadd whatever additional paragraph(s) you think appropriate, and then e-mail it back to me so I can send it toFaith. Thanks.

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Potential Areas of Inquiry fo r Interview with U.S. Attorney Patrick Fitzgerald-We are interested in his knowledge of thehistory and growth ofAl Qaeda, its ties toother terrorist cells and organizations, its contacts with governm ents or elements thereof,and the terrorist attacks and terrorist plots that Al Qaeda or related groups have executedor attempted to execute from Al Qaeda's founding through and including September 11,2001. Thus, he may wish to review important parts of the trial record in the majorterrorism cases in which he participated or of which he is knowledgeable, including, butnot limited to, the transcript of the Em bassy Bom bings trial, as well as FBI-302 s andother inform ation provided by key witnesses in these trials.


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Yoel TobinFrom: Steve DunneSent: Tuesday, January 06, 2004 2:06 PMTo: Melissa C offey; Dan MarcusCc: Yoel TobinSubject: RE: Interview request of Pat Fitzgerald

Dan Levin will have someone get back to us with a proposed date. If we don't hear within a day ortwo, you can give Faith Burton at DOJ a call about this.

Original MessageFrom: Melissa CoffeySent: Tuesday, Janu ary 06, 2004 11:25 AMTo: Steve Dunne; Dan MarcusCc: Yoel TobinSubject: Interview request of Pat FitzgeraldHi Dan and Steve -Team 1 is wondering if we 've heard from Justice about scheduling Patrick Fitzgerald from the USAttorney's office in Chicago? In the interview request you sent out we asked them to provide a date byDec. 31. If we haven't heard from them, is it now appropriate to call Justice? Thank you .

Melissa CoffeyStaff AssistantNational Commission onTerrorist Attacks Upon the U.S.202-331-4080 tel202-296-5545 fax

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Yoel TobinFrom: Steve DunneSent: Tuesday, January 06, 2004 11:41 AMTo: Melissa Coffey; Dan MarcusCc: Yoel TobinSubject: RE : Interview request of Pat Fitzgerald

We can ask Dan Levin about this at a meeting we will have in a few hours.Original MessageFrom: Melissa CoffeySent: Tuesday, January 06, 2004 11:25 AMTo: Steve Dunne; Dan MarcusCc: Yoel TobinSubject: Interview request of Pat Fitzgerald

Hi Dan andSteve -Team 1 is wondering if we've heard from Justice about scheduling Patrick Fitzgerald from the USAttorney's office in Chicago? In the interview request you sent out we asked them to provide a date byDec. 31. If we haven't heard from them , is it now appropriate to call Justice? Thank you.

Melissa CoffeyStaff AssistantNational C ommission on Terrorist Attacks Upon the U.S.202-331-4080 tel202-296-5545 fax

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HKeanCHAIRH. HamiltonVICE CHAIR

Ben-VenisteF. Fielding

GorelickGorton

b Kerrey

J. RoemerR Thompson

D. ZelikowDIRECTOR

DOJ INTERVIEW REQUEST NO. 3The National Com mission on Terrorist Attacks Upon the United States(the "Commission") requests an interview with the following U.S.Departme nt of Justice official during January 2004 in Washington, D.C.,if possible. Please provide a proposed date, time, and location for thisinterview no later than December 31, 2003. The anticipated length ofthis interview is four hours.

1. United States A ttorney Patrick FitzgeraldTh e Commission anticipates that this interview may involve thediscussion of classified information . The Com mission reserves the rightto re-interview this individual based on the results of the requestedinterview and the needs of the C ommission.December 19, 2003 Daniel MarcusGeneral Counsel

T E L (202) 331-4060F A X (202) 296-5545www.9-1 lcommission.gov


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Yoel TobinFrom: Steve DunneSent: Friday, December 19, 2003 12:22PMTo: '[email protected]'Cc: '[email protected]'; Dan Marcus; Team 1; Dianna CampagnaSubject: DOJ interview request no. 3

Faith: Attached as a Word document is DOJ interview request no. 3. We have already spoken to DanLevin about this request. Please call Doug MacEachin at 202-331-4070 or Yoel Tobin at 202-331-4071with any questions about this request and to arrange for this interview. Feel free to call Dan M. or meas well if any issues arise. Thanks. Steve

12/22/2003


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Yoel TobinFrom: Melissa CoffeySent: Thursday, December 18, 2003 12:17 PMTo: Steve DunneCc: Team 1Subject: DOJ interview request from Team 1

Hi Steve - Here is an interview request from Team 1 for USAttorney P atrick Fitzgerald. Doug MacEachin/YoelTobin are the POC for substantive issues, and I can do the scheduling.Thanks.Melissa CoffeyStaff AssistantNational Com mission onTerrorist Attacks Upon the U.S.202-331-4080 te l202-296-5545 fa x

12/18/2003


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H.KeanCHAIRH.HamikonVICE CHAIR

F. FieldingGorelick

b KerreyF.Lehman

J. RoemerR Thompson

D. ZelikowDIRECTOR

DOJ INTERVIEW REQUEST NO. XThe National Com mission on Terrorist Attacks Upon the United States(the "Commission") requests an interview with U nited States AttorneyPatrick Fitzgerald during themiddle of January, 2004. Please provide aproposed date and time for the interview, to be held at the Com mission'sK Street offices if possible, no later than December XX, 2003. Theanticipated length of the interview is four to six hours.The Com mission anticipates that these interviews w ill involve thediscussion of classified information. The Commission reserves the rightto re-interview this individual based on the results of the requestedinterview and the needs of the Com mission.December X X, 2003 Daniel MarcusGeneral Counsel

TEL (202) 331-4060F A X (202) 296-5545

www.9-1 lcommission.gov


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Yoel TobinFrom: Yoel TobinSent: Friday, January 23, 2004 12:57 PMTo: Dieter Snell; Nicole Grandrimo; Sarah Linden; Thomas DowlingSubject: DRAFT OUTLINE FOR FITZGERALD INTERVIEW - TS/SCI

fyi, I welcome anycomments. I've also given Doug a paper copy. The nterview i Wed. the 28th - if youhaveany comments, the sooner the better. Thanks!

( >

1/23/2004


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INBOX: RE: Interviewing US Attorney Pat Fitzgerald Page 1 of 1

91.52MB / 476.84MB (19.19%)Date: Tue, 28 Oct 2003 17:26:06 -0500From: "" ^

To: ""


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Mail:: INBOX: RE: Interviewing US Attorney Pat Fitzgerald Page 1 of 1

89.98MB /476.84MB (18.87%)Date: Mon, 27 Oct 2003 11:52:41 -0500From: Stephanie Kaplan


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F~Items: Interviewing USAttorney PatFitzgerald Page \f j

88.24MB/476.84MB (18.51%)Date: Mon, 27 Oct 2003 11:47:14 -0500From: "" 4P

To: ""


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Mail:: INBOX: RE: Interviewing US Attorney Pat Fitzgerald Page 1 of 1

88.58MB / 476.84MB (18.58%)Date: Mon, 27 Oct 2003 11:52:54 -0500From: Barbara Grewe 4f

To: "" 41,"" 4P,"" 4PCc: "" 4f,"" 4f

Subject: RE: Interviewing USAttorney Pat FitzgeraldYoel:You probably want to know that Fitzgerald was interviewed in relation to theDIG investigation. There is a tape recording of the interview here at GSA.For the record, hespeaks very quickly! I do not believe that Team 6willneed to interview him for our piece.Barbara A . Grewe

Original MessageFrom: ytobi n@9-llcommi ssion.gov [mai1 o:ytobin@9-llcommi ssion.gov]Sent: Monday, October 27, 2003 11:47 AMTo: [email protected]; [email protected]: [email protected]; [email protected]: interviewing us Attorney Pat Fitzgerald

Team 1 is planning to interview US Attorney PatFitzgerald, and I suspectthatother teams would also be interested in talking to him. is his currentposition as us Attorney sufficient to put him on the Tier B list?

http://kinesis.swishmail.com/webmail/imp/message.php?actionID=148&mailbox=INBOX&... 10/27/03


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Yoel TobinFrom: Yoel TobinSent: Friday, April 02, 2004 3:39 PMTo: Lance Cole; Christine HealeySubject: FITZGERALD MFR

Please check your classified e-mail. Thanks!

Page 1 of 1

4/2/2004


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Yoel TobinFrom: Yoel TobinSent: Friday, April 02, 2004 3:25 PMTo: Lance ColeCc: Christine HealeySubject: 3-11-04 MFR Patrick Fitzgerald (Secret, LES, NF, OC)

Lance:Attached is my portion of the MFR for the Fitzgerald interview.Yoel

4/2/2004


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WITH D R A W A L N O T I C ERG: 148Box: 00010 Folder: 0026 Document: 10Series: Team 1 FilesCopies: 1 Pages: 2

ACCESS RESTRICTEDThe item identified below has been withdrawn from this file:

Folder Title: Pat FitzgeraldDocument Date: 03-11-2004Document Type: Memo of ConversationFrom:To:

Subject: Interview of Patrick J. Fitzgerald

In the review of this file this item was removed because access to it isrestricted. Restrictions on records in the National Archives are stated ingeneral and specific record group restriction statements which are availablefo r examination.

NND: 281Withdrawn: 04-18-2008 by:RETRIEVAL #: 281 00010 0026 10


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Yoel TobinFrom: Christine HealeySent: Wednesday, March 10, 2004 11:33 AMTo: Yoel Tobin; 'Kim Cole'Cc: Team 6Subject: Pat Fitzgerald tomorrow

Fitzgerald is available from 10-12 (sharp) tom orrow at the DoJ Headquarters Com mand Center Situation Room.I will send your vital statistics to Faith Burton if you don't already have a DoJbadge.

3/10/2004


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Yoel TobinFrom: Yoel TobinSent: Wednesday, January 07, 2004 7:03 PMTo: '[email protected]'Cc: Team 1; Team 4; Team 6; Steve DunneSubject: United States Attorney Fitzgerald

Faith,Per your conversation with Doug MacEachin today, attached are potential areas of inquiry for our proposedinterview with United States Attorney Patrick Fitzgerald. We will be in touch shortly about setting a date andvenue. Thanks for all your assistance.Yoel

1/7/2004


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Potential Areas of Inquiry for Interview with U.S. Attorney P atrick Fitzgerald The history and growth of Al Qaeda; Al Qaed a's ties to other terrorist cells and organizations; Al Qaeda's ties to governments or elements thereof; Any attempts by Al Qaeda to acquire weapon s of mass destruction; Terrorist attacks and terrorist plots that Al Qaeda or related groups have executedor attempted to execute from Al Qaeda's founding through September 11 , 2001,including those prosecuted in the So uthern District of New Yo rk during Mr.Fitzgerald's tenure there; Mr. Fitzgerald's experience investigating and prosecuting cases related to terrorist

or jihadist fundraising in the Un ited States; His views on the challenges of mak ing criminal terrorist financing cases and anyrecomm endations he may have about the proper role of criminal prosecutions inthe overall effort to combat the financing of A l Qaeda and affiliated Islamicextremist groups; His views about the extent to which Al Qaeda and affiliated groups are raisingfunds in the U.S., the effectiveness of the U.S. government effort to combat suchfund raising, and any views he may have about how to improve the effectivenessof the U.S. government efforts in this regard; Legal authorities andguidance relating to theDepartment of Justice's - and inparticular theFBI's - counterterrorism investigative activities, including but notlimited to the Foreign Intelligence Surveillance Act ("FISA"), the AttorneyGeneral's Guidelines, and the U SA PATRIOT Act; The working relationship between Department of Justice prosecutors in U.S.Attorney's Offices and FBI agents in Field Offices, and in particular thecoordination and cooperation between the two in terrorism investigations andprosecutions; The use of, and the obstacles to using, criminal investigative techniques, suchas the grand jury process, Title III surveillance methods, and offers ofimmunity from prosecution or the opportunity to plead to reduced charges inexchange for cooperation, in terrorism investigations; An assessment, based on his experience as a federal prosecutor, of the FBI'sability to detect, d isrupt, and prevent terrorist attacks upon the Un ited States,


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Documents

T1 B26 Patrick Fitzgerald Fdr- All Emails- Notes- Memos- Questions in Fdr 616