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Law Enforcement Sensitive

MEMORANDUM

To: Dan Marcus


From: Dieter Snell
Re: FBI Document Access
Date: September 16,2003

Our concerns with current access to FBI documents boil down to two fundamental
problems: (1) the scope of the response to date has been both under-inclusive and over-
inclusive as against our investigative needs; and (2) the process is too cumbersome and
inefficient to allow us to focus our document selection and review in a timely and fluid
fashion.

At present we have two means to retrieve FBI documents: (1) the "Concordance"
database that the Bureau has made available to us on two computer terminals at FBIHQ;
and (2) the formal document request and production process. Neither is adequate.

A. Concordance

The Concordance database includes interview reports (FD-302s) and reports


regarding physical evidence from the Penttbom file, but does not have Electronic
Communications, Letterhead Memoranda, or even investigative inserts from the
Penttbom file. Although Concordance purportedly contains over 162,000 documents,
only a small subset of those will be of use; yet, many other important documents in the
Penttbom file are not accessible to us as matters stand.

Concordance does not contain much of what it is purported to contain and is seriously
outdated. Our examination reveals that Concordance does not contain any interview
reports dated after June 2002.

Furthermore, we have discovered some very significant interview reports that were
filed under the Penttbom file number but that are not in Concordance. For instance, in
reviewing documents produced to the Joint Inquiry, we found an interview report of an
individual who: associated with at least four of the hijackers; admitted to having had
contact with the "spiritual advisor" of two of them; and helped the hijackers find living
accommodations. Concordance contains only earlier and materially incomplete interview
reports of this person.

It is evident that a significant amount of the investigation into the hijackers'


associates is not filed under the Penttbom case number and therefore would not be
represented in the Concordance database, even if it were complete. Indeed, the most
important of these individuals generally had their own independent FBI investigations.

Law Enforcement Sensitive


Law Enforcement Sensitive

B. Document Production

The FBI's response to our formal requests for document production has proven
extremely tardy and significantly incomplete. For purposes of factual investigation into
the plot (including Designated Sensitive Material), the most significant outstanding
document requests are FBI Document Request Nos. 2 and 10.

FBI Document Request No. 2 is dated June 4, 2003; response was due June 18, 2003.
To date, we have received either no response or an incomplete response for at least 10 of
the 19 individuals listed in Item #1 of the Request (according to our best estimate), and
no response at all for Items #3-7. Nor have we received any response to date for our
more recent FBI Document Request No. 10, dated August 26, 2003. The latter request is
far more extensive than the former, a fact that gives us grave concern as to the FBI's
ability to respond completely within anything approaching a reasonable timeframe.

We believe the reason for the FBI's inability to comply with our document requests
more expeditiously lies in the extraordinarily cumbersome, multi-tiered research and
review process the Bureau has been employing for its document productions. Among the
more time-consuming aspects of this process appears to be a painstaking redaction
process, whereby certain types of material (described in the attached "9/11 Commission
Task Force Document Deletion Codes") is masked in the materials produced to us. In
response to our questions concerning the need to redact certain material, the Bureau has
permitted me to examine certain of the redactions, i.e., redactions not required by statute.
This examination has established that material of clear significance to our work has been
redacted from the documents produced to us.

As to the responsiveness of the FBI's document request searches, our review


demonstrates that significant numbers of responsive documents are not being located and
produced. For example, we believe the FBI has, or at least recently had, open active
investigations on at least two individuals listed in Item #1 of FBI Document Request No.
2 but has produced only a handful of documents for these individuals.

Based on our concern that the Bureau's searches were not sufficiently comprehensive,
we asked our FBI point of contact to search these names in the FBI's Automated Case
Support (ACS) system. The search revealed well over a hundred responsive documents
that have not been produced.

C. Proposed Solution

We believe that any workable solution to our concerns must afford us greater
participation in the search process on the ACS system as well as more timely access to
the results of such searches. One possibility we have proposed is for us to work directly
with the searchers and for them to provide us with the results of the searches
immediately, after only those redactions required by statute are made. Another solution
might be for us to submit search queries on a daily basis and receive the redacted results
of the searches with a one-day turn-around.

Law Enforcement Sensitive


Law Enforcement Sensitive

In any event, the current system is not workable, especially in view of our severe time
constraints. Proper execution of our job requires that we receive responses to our
inquiries far sooner, and that those responses be complete. The current system simply
cannot accomplish those essential objectives.

Law Enforcement Sensitive


9/11 COMMISSION TASK FORCE
DOCUMENT DELETION CODES
[As of August 11, 2003]

"A" - SOURCE/INFORMANT INFORMATION - Information, the disclosure of which


would tend to reveal the identity of an informant or source where confidentiality is
expressed or implied.

"B" - FBI TECHNIQUES AND/OR METHODS - Information on sensitive FBI


techniques and/or methods which would impede or impair the effectiveness of that
technique and/or method.

"C" - NON-RELEVANT FBI CASE INFORMATION - Information neither relevant nor


responsive to the Commission's requests.

"D" - FBI PENDING CASE INFORMATION - Information which would impede or


jeopardize a pending investigation of the FBI.

"E" - STATUTORY - Information legally prohibited from release by statute.

"F" - PRIVACY/SECURITY - Information, the disclosure of which would be an


unwarranted invasion of the personal privacy or jeopardize the safety of law
enforcement personnel and/or their family members
Material redacted under this code includes (1) social security numbers;
(2) date and place of birth; (3) home address and telephone numbers;
(4) personnel cell phone and pager numbers

"G" - FOREIGN GOVERNMENT INFORMATION - The identity of a foreign


government and/or foreign service to include the names of foreign law enforcement
employees/officials.
9/11 COMMISSION TASK FORCE
DOCUMENT DELETION CODES
"A"- SOURCE/INFORMANT INFORMATION - Information, the disclosure of which
would tend to reveal the identity of an informant or source where confidentiality is
expressed or implied.

"B" - LAW ENFORCEMENT PRIVILEGE/TECHNIQUES - Disclosure of the


information would impede or impair the effectiveness of an investigative technique,
method or procedure utilized by the FBI.

"C" - LAW ENFORCEMENT PRIVILEGE/FBI CASE INFORMATION - Disclosure of


the information on FBI investigations not related to the terrorists acts of September
11,2001 or subsequent related terrorism investigations.

"D" - GRAND JURY MATERIAL - Information protected under the Grand Jury secrecy
provision — Rule 6e of the Federal Rules of Criminal Procedure.

"E" - STATUTORY - Information, the disclosure of which is prohibited by Federal


Statute -Each statute will be identified numerically (ex.: E-l, E-2, etc.)
D E-l - FISA's: Title 50 U.S.C. Section 1806 (B)
D E-2 - NSA Personnel: Title 50 U.S.C. Section 402
D E-3 - CIA Personnel: Title 50 U.S.C. Section 403g
D E-4 - Title IE: Title 18 U.S.C. Sections 2510-2522 -—
D E-5 - Pen Registers: TitlelS U.S.C. Section 3123(d)

"F" - PRIVACY/SECURITY - Information, the disclosure of which would be an


unwarranted invasion of the personal privacy of a member of law enforcement
and/or their family members.

"G" - FOREIGN GOVERNMENT INFORMATION - Information obtainedfrom a


foreign government or international organization where there is an agreement or
understanding that the identity of the source as well as the information received will
be treated confidentially.

"H" - THIRD AGENCY INFORMATION - Information originating with another


government agency that requires a review by committee staff or other agency
representative.
WITH DRAWAL NOTICE

RG: 148
Box: 00001 Folder: 0002 Document: 7
Series: Dan Marcus Files

Copies: 1 Pages: 3

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: FBI [2 of 2]


Document Date: 09-08-2003
Document Type: Memorandum
From: Team 1A
To: Front Office

Subject: Access to FBI documents

In the review of this file this item was removed because access to it is
restricted. Restrictions on records in the National Archives are stated in
general and specific record group restriction statements which are available
for examination.

NND: 221
Withdrawn: 01-25-2008 by:

RETRIEVAL #: 221 00001 0002 7

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&SS \K
WITH DRAWAL NOTICE

RG: 148
Box: 00001 Folder: 0002 Document: 8
Series: Dan Marcus Files

Copies: 1 Pages: 2

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: FBI [2 of 2]


Document Date: 08-28-2003
Document Type: Memorandum
From: Doug Greenburg
To:

Subject: Meeting at FBIHQ re Documents

In the review of this file this item was removed because access to it is
restricted. Restrictions on records in the National Archives are stated in
general and specific record group restriction statements which are available
for examination.

NND: 221
Withdrawn: 01-25-2008 by:

RETRIEVAL #: 221 00001 0002 8


CDT nr_ ' 202 324 9594 P. 02
JUL-25-2003 12:11 FBI QGC
U.S. Department of Justice

Federal Bureau of Investigation

Office of the General Counsel Washington, D.C 20535

July 25, 2003

Daniel Marcus, General Counsel


National Commission on Terrorist Attacks Upon the United States
Suite 300
2100KStreet,N.W.
Washington, D.C. 20036

RE: Commission's Requests for Documents

Dear Mr. Marcus:

Please be advised that the FBI has established two workstations equipped with
Concordance software at FBIHQ for immediate use by the Commission. The stations have been
loaded with approximately 162,000 FBI 302's from the PENTTBOM file as well as approximately
2,000 pages of FBI lab reports. While the vast majority of the materials have not been redacted,
approximately 12,818 FBI 302's have been redacted to protect sources and methods. These
documents were also produced to the Moussaoui defense in redacted format Should you have any
specific concerns regarding individual redactions taken, we would be happy to discuss them. Of
course, all of this material is Moussaoui-related and is covered by the terms of the non-disclosure
agreement executed between the Commission and the Department of Justice.

The material is electronically searchable. Members and staff of the Commission are
free to use the workstations to review and search the materials as they wish. We would be happy to
provide your staff training on how to use the Concordance software. To this end, we would propose a
1 hour training session for all interested Commission personnel the week of July 28th. Please contact
me to make these arrangements.

If members or staff wish to have paper copies of any of the imaged documents, we
would be pleased to provide copies for paper production to the Commission after proper bates-
stamping to ensure an accurate record of what was produced.

We believe the workstations will provide the Commission with the ability and
opportunity to conduct its own searches of substantial amounts of PENTTBOM material. We remain
willing to discuss with you methods to conduct additional searches of relevant materials on behalf of
the Commission.

-Sincerely,

Robert S. Sinton
Assistant General Counsel
WITHDRAWAL NOTICE

RG: 148
Box: 00001 Folder: 0002 Document: 10
Series: Dan Marcus Files

Copies: 1 Pages: 2

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: FBI [2 of 2]


Document Date: 07-22-2003
Document Type: Letter
From: Robert Sinton
To: Daniel Marcus

Subject: Commisison's Requests for Documents

In the review of this file this item was removed because access to it is
restricted. Restrictions on records in the National Archives are stated in
general and specific record group restriction statements which are available
for examination.

NND: 221
Withdrawn: 01-25-2008 by:

RETRIEVAL*: 221 00001 0002 10


OELGADO - REVISED Draft Director email to all employees re: 9^Comrnisibn " """ * " '""" Page 1

From: EMAIL EMAIL


To: ALL
Date: Wed, Jul 16, 2003 9:46 AM
Subject: REVISED Draft Director email to all employees re: 9-11 Commission

MESSAGE FROM THE DIRECTOR TO ALL EMPLOYEES

As you may have seen in press reports, Congress has established a Commission to look into the tragic
events of September 11, 2001 and to make recommendations for improving our nation's security in the
future. The Commission will issue a public report attempting to set forth a definitive historical account of
September 11th, but also discussing various policy and structural issues affecting Counterterrorism.

I have pledged the full cooperation of the FBI to the Commission. The Commission has requested
thousands of documents from the FBI as well as briefings on a number of topics. We have established a
team at FBIHQ to search for responsive materials, process documents and respond to requests. The
Commission has also expressed its desire to visit a number of field offices later this summer or fall.

Your office may be contacted by members of our 9-11 Commission task force at FBIHQ for assistance in j
locating documents or other information. Your office may also be selected for a field office visit by
Commission staff. Coordination for all requests for visits or documents must be done through FBIHQ.
Questions can be directed to our overall Commission POCs, Pat O'Brien (324-8558) or Bob Sinton •
(324-9613), or through the POCs for the Counterterrorism Division, Tracey North or Rick Kelly (324-7498). •»
Please be fully responsive to requests for assistance from these representatives.

Thank you for your cooperation with this important effort.