THE WHITE HOUSE

WASHINGTON

February 13, 2004

MEMORANDUM FOR: SECRETARY OF STATE

SECRETARY OF THE TREASURY
SECRETARY OF DEFENSE
ATTORNEY GENERAL
SECRETARY OF HOMELAND SECURITY
DIRECTOR OF CENTRAL INTELLIGENCE
ARCHIVIST OF THE UNITED STATES

FROM: ANDREW H. CARD, JR.

CHIEF OF STAFF

SUBJECT: PRE-PUBLICATION REVIEW OF MATERIALS FROM

NATIONAL COMMISSION ON TERRORIST ATTACKS
UPON THE UNITED STATES

This memorandum requests your prompt assistance in carrying out the President's
commitment to assisting the National Commission on Terrorist Attacks Upon the United States
("Commission") in completing its work in an effective and timely manner.

On November 27, 2002, the President signed legislation (Public Law 107-306) creating
the Commission. The President has stated a clear policy of support for the Commission's work,
noting that "[a]n aggressive investigation into September 11th, with a responsible concern for
sensitive information that will allow us to win the war on terror, will contribute to the security of
this country."

To carry out the President's direction, the Executive Branch has made extraordinary
efforts to cooperate with the Commission. In the nine months since the first document request
was issued by the Commission in May 2003, the Executive Branch has made available to the
Commission more than 2.3 million pages of documents, provided more than 125 briefings
(including by agency heads), and arranged interviews of more than 600 individuals (including
Cabinet officers). The information made available has included a large volume of highly
classified and extraordinarily sensitive national security information, including some of the
Nation's most sensitive national security secrets.

To protect national security and consistent with longstanding practice in past similar
inquiries, the Executive Branch will need to work with the Commission to review Commission
materials intended for publication in order to protect against the unauthorized disclosure of
classified information, including information relating to the sources and methods through which
the United States collects the intelligence vital to the Nation's safety. Fully recognizing its duty
to assist in the protection of classified information from unauthorized disclosure, the
Commission plans to cooperate fully with the Executive Branch review process. We will work
closely with the Commission, with the objectives of maximizing the amount of information that
can safely be published, protecting classified information from unauthorized disclosure,
respecting the role of the Commission under the law, and enabling the Commission to complete
its work on time.

To assist with the pre-publication review process, please designate an appropriate senior
official within your department or agency who will head your department's or agency's work on
the pre-publication review process in support of the Department of Justice, which is designated
to lead the Executive Branch review effort. Designated officials should have authority to make
timely classification/declassification decisions, and be available to dedicate a substantial portion
of their time to the review during the relevant time period. The Commission has informed us
that it intends to submit for pre-publication review several statements in conjunction with
Commission hearings planned in March, April, and May, and will submit a draft report in time
for the Commission to be able to publicly release its final report by May 27, 2004 (or July 26,
2004 if there is a 60 day extension granted by Congress).

The Attorney General has designated at my request Daniel Levin, who serves as the
primary liaison between the Executive Branch and the Commission, to lead the pre-publication
review process. Please ensure that Mr. Levin (202-616-0999; dan.levin@usdoj.gov) is informed
of the name of your designee by Friday, February 27, 2004.

Thank you for your assistance.

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Date: Wed, 15 Oct 2003 14:51:57 -0400
From: "Monheim, Thomas A." <Thomas_A._Monheim@who.eop.gov>4|
To: "" <dmarcus@9-11 commission.gov>^l
Cc: "" <sdunne@9-11commission.gov>^
Subject: Memo from Judge Gonzales to Executive Departments and Agencies
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Dan,

As we discussed.
Tom

October 15, 2003

MEMORANDUM FOR SECRETARY OF STATE

SECRETARY OF THE TREASURY
SECRETARY OF DEFENSE
ATTORNEY GENERAL
SECRETARY OF THE INTERIOR
SECRETARY OF TRANSPORTATION
SECRETARY OF ENERGY
SECRETARY OF HOMELAND SECURITY
DIRECTOR OF CENTRAL INTELLIGENCE
ARCHIVIST OF THE UNITED STATES

CC: HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

FROM: ALBERTO R. GONZALES

COUNSEL TO THE PRESIDENT

SUBJECT: COOPERATION WITH NATIONAL COMMISSION ON

TERRORIST ATTACKS UPON THE UNITED STATES

As you know, the President has stated a clear policy of support for the work of the National
Commission on Terrorist Attacks Upon the United States ("Commission"). On March 19, 2003, Chief
of Staff Andrew Card sent you the attached memorandum directing cooperation with the Commission
and requesting that you designate an appropriate senior official within your department or agency to
serve as the principal point of contact for Commission matters.

The departments and agencies have made extraordinary efforts to cooperate with the
Commission. By conservative estimate, more than 250 individuals in the Executive Branch - many of
whom are also responsible for helping fight the war on terrorists of global reach - spend at least a

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 ail:: INBOX: Memo from Judge Gonzales to Executive Departments and Agencies Page 2 of 2

significant part of their time directly supporting the Commission's work. In the less than six months
since the first document request was issued by the Commission in May 2003, the Executive Branch has
produced or made available to the Commission more than 2,100,000 pages of documents, provided
nearly 100 briefings, and facilitated nearly 300 interviews.

It is imperative that we see these strong efforts through to completion of the Commission's
work. Please review the efforts your department or agency has made to date in responding to the
Commission's requests to ensure that you have fully satisfied your responsibility to cooperate with the
Commission and to conduct a complete and thorough search for documents that may be covered by its
requests. It has recently come to my attention that the Commission has raised concerns about potential
deficiencies in the document production efforts of certain departments and agencies and, in fact, has
voted to issue a subpoena to one agency. Although we understand that the issues regarding that
agency's document production are now largely resolved, the Chief of Staff expects departments and
agencies to take document requests as seriously as a subpoena and to avoid such problems in the
future.

Finally, please be certain that your staffs work closely with Daniel Levin, Counselor to the
Attorney General, who serves as the primary liaison between the Executive Branch and the
Commission, to make sure the Commission's requests are handled in a fulsome and expeditious
manner.

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 THE WHITE HOUSE
WASHINGTON

March 19, 2003

MEMORANDUM FOR: SECRETARY OF STATE

SECRETARY OF THE TREASURY
SECRETARY OF DEFENSE
ATTORNEY GENERAL
SECRETARY OF THE INTERIOR
SECRETARY OF TRANSPORTATION
SECRETARY OF ENERGY
SECRETARY OF HOMELAND SECURITY
DIRECTOR OF CENTRAL INTELLIGENCE
ARCHIVIST OF THE UNITED STATES

FROM: ANDREW H. CARD, JR., CHIEF OF STAFB*^^^^*^*^IJPrJ^^^^|/

RE: COOPERATION WITH NATIONAL COMMISSION ON

TERRORIST ATTACKS UPON THE UNITED STATES

On November 27, 2002 the President signed legislation (Public Law 107-306) creating in
the legislative branch the bipartisan National Commission on Terrorist Attacks Upon the United
States ("Commission"). The President has stated a clear policy of support for the Commission's
work: "[a]n aggressive investigation into September llth, with a responsible concern for
sensitive information that will allow us to win the war on terror, will contribute to the security of
this country."

To ensure that the Commission receives the necessary cooperation from Executive
Branch_dep_artments and agencies, the Attorney General has designated at the President's request
T^Sami G^Clango"!b Counselor to the Attorney General, to serve as the primary liaison between
the ExecutiVcTBranch and the Commission. Mr. Ciongoli will facilitate Commission requests for
access to Executive Branch information and witnesses and will help ensure that responses
comply with applicable law.

Please designate an appropriate senior official within your department or agency to serve
as the principal point of contact in your department or agency for Commission matters and to
work with Mr. Ciongoli to coordinate all responses to requests for information or witnesses.
Please inform the Attorney General in writing of the name of your designee no later than March
21, 20037" ' =^—- «=» = — ,

Finally, this memorandum is directed to agencies whose jurisdiction relates to the

subjects of inquiry specifically mentioned in the statute. It is also being provided to other
Executive Branch departments and agencies so that they can take these steps at the appropriate
time in the event they are requested to provide information to the Commission.

cc: Heads of Executive Departments and Agencies