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  • NY B5 PA Request FDR - 11-12-02 DOJ Letter To PA Re NY Times FOI Request For Reports 730

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    The United States Attorney's Office received over 400 pages of reports from the Port Authority of New York & New Jersey regarding the events of September 11, 2001. The US Attorney reviewed the documents and does not object to the release of all but three specific reports. Those three reports were compiled for law enforcement purposes and their release could interfere with judicial proceedings or prejudice a defendant's right to a fair trial. The US Attorney expresses no opinion on whether the Port Authority should release the materials under its Freedom of Information policy.

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    NY B5 PA Request Fdr- 11-12-02 DOJ Letter to PA Re NY Times FOI Request for Reports 730

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    The United States Attorney's Office received over 400 pages of reports from the Port Authority of New York & New Jersey regarding the events of September 11, 2001. The US Attorney reviewed the documents and does not object to the release of all but three specific reports. Those three reports were compiled for law enforcement purposes and their release could interfere with judicial proceedings or prejudice a defendant's right to a fair trial. The US Attorney expresses no opinion on whether the Port Authority should release the materials under its Freedom of Information policy.

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    14 views2 pages

    NY B5 PA Request FDR - 11-12-02 DOJ Letter To PA Re NY Times FOI Request For Reports 730

    Uploaded by

    9/11 Document Archive
    The United States Attorney's Office received over 400 pages of reports from the Port Authority of New York & New Jersey regarding the events of September 11, 2001. The US Attorney reviewed the documents and does not object to the release of all but three specific reports. Those three reports were compiled for law enforcement purposes and their release could interfere with judicial proceedings or prejudice a defendant's right to a fair trial. The US Attorney expresses no opinion on whether the Port Authority should release the materials under its Freedom of Information policy.

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    of 2

    U.S.

    Department of Justice
    United States Attorney
    Eastern District of Virginia

    PauiJ. MoNulfy Brian D. Miller


    United Stales Attorney Assistant United SMts Attorney
    2100 Jamleson Avenue Telephone: 703-299-3809
    Alexandria, Virginia 22314 Facsimile: 703-399-3983
    November 12,2002

    VIA FEDERAL EXPRESS

    Jeffrey S. Green, Esq.


    General Counsel
    The Port Authority of New York & New Jersey
    225 Park Avenue South, 18th Floor
    New York, NY 10003

    RE: The New York Times' FOI Request (Your Reference No. 4098)

    Dear Mr. Green:

    On November 6,2002, the United States Attorney's Office received copies of more than 400
    pages of written reports generated or kept by the Port Authority that recount the events of September
    11,2001. In accordance with my letter of October 4,2002, our office has reviewed these documents
    and has no objection to the release of all of these documents but three. The three documents are: (1)
    the April 4,2002 Report of Police Officer John F. Collins; (2) the March 11, 2002 Report of Det.
    John Fitzgerald and Det. James J. Wheeler; and (3) the January 7, 2002 Report of Det. Thomas
    McHale, Jr. For your convenience, all of the copies (with these three reports tabbed) are enclosed.
    A copy of this letter, without enclosures, will be sent to counsel for the New York Times, pursuant
    to my letter of October 4, 2002.

    The United States Attorney expresses no opinion regarding whether any of the materials
    described in this letter should or should not be released under the applicable provisions of the Port
    Authority1 s Freedom of Information Policy. That decision can only be made by the Port Authority.
    With respect to the documents identified above, our office respectfully suggests that they were
    compiled for public safety, law enforcement and official investigatory purposes, and their release
    will interfere with ajudicial proceeding. Additionally, the release of these documents could possibly
    prejudice the defendant's right to a fair trial or impartial adjudication. Accordingly, it appears that
    their release by you would not be consistent with your freedom-of-information policy.
    Jeffrey S. Green, Esq.
    November 12, 2002
    Page 2

    Thank you for your assistance and cooperation in this matter. If you have any questions or
    comments, please do not hesitate to contact me.

    Very truly yours,

    PAULJ.McNULTY
    United States Attorney

    BRIAN D. MILLER
    Assistant United States Attorney

    Enclosures
    cc: Jay Brown, Esq. (without enclosures)

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