T2 B5 Intel Authorization Bills Fdr- Draft Document Request to DCI for Teams 2-3-4 607

8/14/2019 T2 B5 Intel Authorization Bills Fdr- Draft Document Request to DCI for Teams 2-3-4 607

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COMMISSION SENSITIVEMEMORANDUMTo: Dan Marcus and Steve Dunne

CC: Teams 2, 3, and 4From: Gordon LedermanRe: Draft document request for EOFAttached is a draft of our document request to the DCI from Teams 2, 3, and 4. Please note that February26, 1993 is the date of the first World Trade Center bombing. We look forward to your comments. Thankyou.


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Draft6/20/03

EOF Document Request No.

The National Commission on Terrorist Attacks Upon the United States (the"Commission") requests that the Executive Office of the President (the "respondent")provide the Commission with the follow ing documents (and their drafting/routing slips)and information no later than , 2003 (the "production date"):

1. All presidential decisions or directives related to counterterrorism, management of theIntelligence Community, Usama bin Ladin ("UBL"), senior members of Al-Qa'ida,Al-Qa'ida itself, Sudan, or the Taliban, from February 26, 1993 to September 20,2001, including, but not limited to:a) Presidential Decision Directives ("PDD") 35, 62, and 63;

National Security Piesideiilldl-Dociaions-t^NSPD") 1 -& f 200J-,Documents related to the di of ling of NSPD 9, as drafted by Se.ptcmber4Qr3QQ4 -Other NSPDs related to counterterrorism, Al Qa'ida, the Taliban, and/or senior AlQa'ida leaders including UBL, from the period January 1, 2001 to the present,including but not limited to NSPD 26; andrequesting tho drafting uf NSPD 5.'

In this context, the phrase presidential decisions or directives refers to PDDs, NSPD's orany other term describing a decision issued by the President fo r action.2. Any other instructions, orMskings from the Presidenpef the United States

("POTUS/ j?o his National Security/Advisor or otjjer Principals reg^faingcounterterrorism, management of me In telligenoe Community, UBL, Al-Qa'ida, theTaliban or Sudan/from Februar/26, 1993 to September 20, 2001.Any and all written comm unications, questions, or other guidance, includ ing writtenmarginalia and other notes (including notes of spoken questions, instructions orguidance), that NSC staff received from POTUS or the Vice President of the UnitedStates ("VPOTUS"jreacting to havin g read particular excerpts iDaily Brief relating to UBL, Al-Qa'ida, the Taliban or terrorists in Afghanistan, fromJanuary 1, 1998 tOSeptember 20, 2001. ffamp for T T T U a n H Al.QVHn in ?iiHnn frnm

4. Findings concerning counterterrorism, from January 1, 1985 through September 20,2001; Memoranda of Notification ("MONs") and unapproved MO N drafts concerningcounterterrorism, from February 26 , 1993 to September 20 , 2001. Any inquiries fromPOTUS to the National Security Advisor, or other P rincipals, regarding an y suchresponses, as well as the responses to any such inquiries, from February 26, 1993 toSeptember 20, 2001.


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5. The annual recertification of covert action programs prepared by the NSC and^signedby POTUS, from Februa/y 26, 199/to September 20, 2001.6. Any National Command Authority orders issued by POTUS to the Secretary of

Defense for the Department of Defense ("DoD") regarding UBL, Al-Qa'ida, theTaliban, or Afghanistan, from February 26, 19%to September 20, 2001.7. Any Office of Managemen^and Budget surveys or reviews of funding levels for

counterterrorism, FY 19^3-2003, including funding levels requested by the CentralIntelligence Agency ("CIA"), DoD, the Department of Justice, the Department ofState, and the White House.

PUS speeches or pubb

'/s-9. All reports, from February 26,1993 to the present, by the President's ForeignIntelligence Advisory Board ("PFIAB^>cfthe Intelligence Oversight Board related to:a) The management of the IntelHgelice Community;b) The organization and structure of the Intelligence Community;c) The effectiveness of hjjman source intelligence, signals intelligence, and theexecution of coverjfc^ction findings; andd) The interagencyprocess for formulating intelligence policy.

10 . All Executive Office of the President or National Security Council ("NSC")documents containing strategy or policy guidance in analyzing, tracking, ordisrupting the financing of terrorist activities or the movement of money in supportof terrorist operations or groups, from January 1, 1998 to September 20, 2001, andthose policies now in force.

Principals and DeputiesSF1. A list of the dates of all Principals and Deputies Committee meetings related toa) UBL, Al-Qa'ida, the Taliban or Sudan, or b) the Intelligence Community's

priorities, management, or resources, from February/26, 1993 to September 20, 2001.Principals meetings include an y such meeting, whether chaired by POTUS or by theNational Security Adviser. This request applies to Principals or Deputies levelmeetings addressing these topics wholly or in part, regardless of the title used for thegroup or whether the meeting was conducted in person or by Secure VideoTeleconference System ("SVTS"), including meetings of the "Foreign Policy Team",or the "Small Group".


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This request should be understood tpxificlude meetings of the ab6ve groups regardlessof the location; thus, it includes^btot is not limited to , meejtings at Camp D ^ a r v i d an dother sites.For the meetings regaling the Intelligence Cornmunity's priorities, management, orresources, pleasp-provide a list of attendee's, the agenda, documents distributedbeforehand, Htmiutes, and documents-ôduced as a resvx

2. Any and all written communk&tions, questions, or ojfegr guidance, including^rittenmarginalia and other notesîncluding notes of spoKen questions, instructions orguidance), that NSC staff received from thjggatipnal Security Advisp^)Socrctary-of~Defense, Secretapôf State, Chairman oHhe7oint Chiefs of Staffer Director ofCentral Intelligence, responding toie?(cerpts in the President's D&ly Brief relating toUBL, Al-Qrfida, the Taliban, orXerrorists in Afghanistan from January 1, 1998 toSeptember 20,2001, an d sapjefor Sudan, from January


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a) Discussions on Al-Qa'ida, the Taliban, Afghanistan,or UBL, from January 1,1998 to September 20 , 2001 between senior U .S. officials an d senior/officials ofth e following governments: Germ any, Pakistan and Saudi Arabia;/b) Requests to OSD, JCS, th e Assistant Secretary of Defense for Special Operationsand Low Intensity Conflict, Central Com m and, and Special Operations Commandfor options for the use of force in Afghanistan or against seofor leaders of Al-Qa'ida, from January 1, 1998 to September 20, 2001, including commandooperations or other measures short of full invasion;c) Discussions on the following events:i) The February 26, 1993 attack on the World Trade Center, including responsesconsidered, decisions made, and actions takerii) Iraq's June 1993 attempt to assassinate fonner President Bush and the June26 , 1993 strike on Iraq, including responses considered, decisions made, andactions tak en;iii) The April 19,1995 bombing in Oklah6ma City, including considerations of

possible foreign terrorist involvement, responses considered, decisions madeand actions tak en;iv) The June 25, 1995 attack on Khobar Towers, including responses considered,decisions made and actions taken;v) The February 1998 fatwa by/JBL, "Jihad against Jews and Crusaders,"including responses considered, decisions ma de and actions taken;d) NSC, CSG, or Directorate of/Transnational Threats ("TNT") responses to ordiscussions on the following events or activities:i) The August 7, 1998 .East Africa bom bings, including discussions of optionsfor response an d eyaluations of the August 20, 1998 strikes on Afghanistanan d Sudan;ii) The October 12/2000 attack on the U .S.S. Cole, including discussions ofoptions fo r response an d evaluations of which group m ight have beenresponsible;/iii) The plannefl "Millennium Plot," including options papers, strategy papers,recommendations, an d other documents, from January 1, 1998 to September20 , 20Miv) Terrorist threa ts, includ ing options papers, strategy papers, recom m endations,an d G i t h e r docum ents, during the spring and summer of 2001;v) Attempts to target UBL or other senior Al Qa'ida leaders, includ ingsuggested cruise missile strikes, from January 1, 1998 to September 20 , 2001;vi ) (Covert operations in Afgh anistan, including ties to Afghan militias an d local

agents and insertion of CIA operatives, includ ing options papers, strategypapers, recomm endations, an d other documents, from January 1, 1998 toSeptember 20, 2001;vii) The use of Predator drones in Afghanistan, including options papers, strategypapers, recommendations, and other documents, from January 1, 1998 toSeptember 20, 2001;


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viii) Providing additional support to the Northern Alliance, including optionspapers, strategy papers, recomm endations, an d other documents, fromJanuary 1, 1998 to Septem ber 20, 2001; andix) Discussions with the Sudanese government regarding U BL or A l-Qa'ida,including but not limited to, the expulsion/extradition of UBL and the sharingof intelligence on U BL or A l-Qa'ida, from January 1, 1991 to September 20,2001.

6. Reports, mem oranda, or analyses prepared by the N>C, NSC committees or workinggroups (including the Committee on Foreign Intelligence, the Committee onTransnational Threats, the Interagency Workiflg Group for Intelligence Priorities, an dthe Policy Coordinating Committee on Intelligence and C ounterintelligence), or itsstaff concerning m anagement of the Intelligence C ommunity^including priorities,capabilities, and resources), from Febraary"26, T993 to September 20,2001. Pleaseinclude al l documents prepared pursuant to 101(h)(4)-(5) of the National SecurityAct of 1947 as amended, 50 U.SC. 402(h)(4)-(5) (see Appendix A).Also, please provide a) the dates of all mee tings of the C omm ittee on ForeignIntelligence, th e Committee on Transnational Threats, th e Interagency W orkingGroup for Intelligence Priorities, and the Policy C oordina ting C omm ittee onIntelligence an d C ounterintelligence; b) the agendas for those meetings; an dc) minutes and supporting material concerning managem ent of the IntelligenceCommuni ty , from February 26, 1993 to September 20, 2001.Jriefings, options papers, and other docum ents related to coun terterrorism,management of the Intelligence C omm unity, UBL , Al-Qa'ida, or the Taliban prepared

by NSC staff fo r incoming officials an d staff of the Bush administration, fromDecember 1, 2000 to September 11, 2001.8. The 2001 interagency review of policy on Al-Qa'idtf; including discussions of use of ^Predator, arming of the Uzbeks or other proxy forces to f ight Al-Qa'ida, and increasedsupport for Northern Alliance, as wel l as other policies considered and their costs an dbenefits.9. All documents associated with the September 4, 2001 Principals C omm ittee mee tingon Al-Qa'ida.10. All records of N S C , nrfncipals, deputies, and war cabinet m eetings, fromSeptember 11 to20f2001.11. Speech writers ' and Communica t ions Office notes related to the drafting of the \President and Vice Presiden t's remarks on terrorism, from September 11 to 20, 2001.


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The Commission requests that the documents requested above be provided as soon asthey are ava ilable, even though all requested docum ents may not be provided at the sametime, through means of a "rolling" production.If any requested documents are withheld from production, even temporarily, based on analleged claim of privilege or for any other reason, the Comm ission requests that therespondent, as soon as possible and in no event later than the production date, identifyand describe each suc h docum ent or class of documents, as well as the alleged basis forno t producing it, with sufficient specificity to allow a mea ningful challenge to any suchwithholding.If the respondent does not have possession, custody or control of any requesteddocuments but has information about where such documents may be located, theCommission requests that the respondent provide such information as soon as possibleand in no event later than the production date.If the respondent has any questions or concerns ab out the interpretation or scope of thesedocument requests, the Commission requests that any such questions or concerns beraised with the Commission as soon as possible so that any such issues can be addressedand resolved prior to the production date.

Daniel Ma rcusGeneral CounselJune , 2003