WITH DRAWAL NOTICE

RG: 148
Box: 00008 Folder: 0022 Document: 5
Series: Team 2 Files

Copies: 2 Pages: 14

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: Working Draft of Doc. Requests [2 of 2]

Document Date: 06-17-2003
Document Type: Draft
Special Media:
From:
To:

Subject: Draft of DCI document request

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: 361
Withdrawn: 11-12-2008 by:

RETRIEVAL #: 361 00008 0022 5

System DocID: 5706
 Unclassified - Commission Sensitive

This draft merges Team 3 and Team 2 requests.

Draft: June 17, 2003

Department of Defense Document Request No. 4

The National Commission on Terrorist Attacks Upon the United States (the "Commission")
requests that the U.S. Department of Defense (the "respondent") provide the Commission with
copies of the following documents no later than 2003, (the "production date"):

Policy- and Military Operations-related Documents

1. Documents prepared or compiled by the Office of the Secretary of Defense (OSD)

and/or the Joint Chiefs of Staff (JCS) for review or use by the Secretary of
Defense and/or the Deputy Secretary of Defense and/or their designee in
preparation for or to be presented in Principals' or Deputies' Committee meetings
on counterterrorism, particularly related to Al-Qa'ida, Usama bin Ladin ("UBL"
hereafter), the Northern Alliance and/or the Taliban, from January 1, 1998 through
December 31, 2001. Topics of interest include, but are not limited to, the
following:

(a) OSD and JCS strategy papers, options papers and recommendation papers;

(b) OSD and JCS views on the desirability, efficacy, and risks of any military
operations discussed; any agendas for the above mentioned meetings, or notes
taken at them by OSD and JCS representatives, including summaries and
conclusions reached; and guidance provided to OSD and JCS by Principals or
Deputies at these meetings;

(c) Deliberations on the range of military responses considered after the 1998
East Africa embassy bombings, including the August 20, 1998 U.S. missile
strikes in Sudan and Afghanistan, including any after-action reports;

(d) Deliberations from 1998-2001 regarding the use or possible use of ground
troops and/or commandos in Afghanistan; including deliberations regarding
bases needed or changes in military readiness, posture or capabilities that
would enable use of ground troops in Afghanistan, or actions undertaken with
respect to any of these;

(e) Deliberations regarding 1998-2001 attempts to target UBL and/or other senior
Al-Qa'ida leaders, including discussions of the use of cruise missile attacks;

Unclassified Commission Sensitive

 Unclassified - Commission Sensitive

(f) Discussions regarding the use of the Predator in Afghanistan, 1998-2001, the
arming of proxy forces to fight Al-Qa'ida, including the November 2001
Predator strike that killed Muhammad Atef, and/or support for the Northern
Alliance;

(g) Deliberations regarding the use of Special Operations and Low Intensity
Conflict (SOLIC) forces against UBL and Al-Qa'ida;

(h) Discussions on JCS proposals for disinformation operations in Afghanistan;

(i) Deliberations regarding the use of overt/covert force in Sudan and Afghanistan
from 1991 to 2001, including preparatory orders;

(j) Considerations of military retaliatory measures after the October 12, 2000
attack on the U.S.S. Cole, including OSD and JCS recommendations;

(k) Deliberations leading to the May 2001 decision to raise the threat condition of
U.S. troops in the Gulf to Delta, and the July 2001 decision to lower that alert
level;

(1) Documents related to OSD and JCS participation in the 2001 interagency
review of the arming of proxy forces to fight al-Qa'ida, and/or support for
Northern Alliance.

The above documents should include internal briefing documents that were presented
to the Secretary of Defense and Director of JCS in preparation for Principals'
Committee and Deputies Committee meetings;

2. Briefing papers, strategy papers, options papers presented by OSD and JCS to the
"Small Group" concerning Al-Qa'ida, UBL, the Northern Alliance and/or the Taliban,
from January 1, 1998 to September 20, 2001, including any notes taken by OSD and
JCS representatives at these meetings, conclusions reached, and actions taken
following these meetings;

3. File used by Lieutenant General Gregory Newbold, former Director of Operations

(J-3) of the Joint Staff, when interviewed by the Joint Inquiry Staff, including the
strategy" he referred to in this interview;

4. Strategy papers, option papers, or recommendations papers prepared by CINCSOC

for the Secretary of Defense and/or Chairman of JCS regarding the use and readiness
of JSOC forces against the Al-Qa'ida presence in Afghanistan or other countries from
January 1, 1998 - December 31, 2001;
2
Unclassified - Commission Sensitive
 Unclassified - Commission Sensitive

5. Documents prepared by OSD and JCS for OSD and JCS briefings on terrorism,
specifically al-Qa'ida, UBL, Afghanistan, the Northern Alliance and/or the Taliban,
during the transition from the Clinton administration to the Bush administration,
2000-01, including written conclusions from these meetings;

6. Documents related to OSD and/or JCS views on moving the Fifth Fleet out of its
harbor in Bahrain in June 2001;

7. OSD Annual Congressional Budget Justification Books for fiscal years 1998 through
2001.

DoD Intelligence-related Documents

1. Documents detailing the strategies, operations, and resources of the Combatant

Commanders, in particular CENTCOM, PACOM, SOUTHCOM, EUCOM and SOCOM,
dedicated to counterterrorism and force protection activities from 1995 to 2003, including
but not limited to planning, pre-positioning, basing and infrastructure;

2. Documents identifying the strategies, operations, and resources of the military

departments, particularly their intelligence components dedicated to counterterrorism and
force protection activities from 1995 to 2003;

3. Direction from the Secretary of Defense to the NSA, DIA, NEVIA, or NRO regarding
counterterrorism activities and force protection, including the collection and analysis
strategies on the terrorist threat to the United States from 1995 to 2003;

4. The intelligence annex to the Ballistic Missile Defense Commission report on the
organization, structure and effectiveness of the Intelligence Community;

5. Documents related to the establishment of the Undersecretary of Defense for

Intelligence, particularly any documents relating to the Undersecretary's authorities with
respect to the Director of Central Intelligence, oversight of National Foreign Intelligence
programs, budget formulation responsibilities, financial execution responsibilities, and
the establishment of intelligence priorities within the Department;

6. Correspondence from the Secretary of Defense notifying Congress of his intent to

transfer, reprogram, or seek supplemental funds for counterterrorism activities within the
Department of Defense and the Intelligence Community from 1995 to 2003;

7. Correspondence (letters, email, memoranda) between any entity of the Office of the
Secretary of Defense and the DCI on the conduct and effectiveness of counterterrorism

3
Unclassified - Commission Sensitive
 Unclassified - Commission Sensitive
intelligence collection and reporting, future terrorist threats to the United States, overseas
force protection from terrorist threats and warning of terrorist attacks from 1995 to 2003;

8. All reports or analyses produced by the Defense Intelligence Agency (DIA) from 1993
- Present concerning possible connections between Al-Qa'ida and Iraq;

9. Directions, taskings, or guidance from the Secretary of Defense to the Defense

HUMINT Service regarding counterterrorism and force protection efforts from 1995 to
2003;and

10. Reports, audits, findings and recommendations of the Joint Staff regarding the
effectiveness of the DoD's counterterrorism and force protection activities from 1995 to
2003.

The Commission requests that the documents requested above be provided as soon as
they are available, even though all requested documents may not be provided at the same
time, through means of a "rolling" production.

If any requested documents are withheld from production, even temporarily, based on an
alleged claim of privilege or for any other reason, the Commission requests that the
respondent, as soon as possible and in no event later than the production date, identify
and describe each such document or class of documents, as well as the alleged basis for
not producing it, with sufficient specificity to allow a meaningful challenge to any such
withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as possible
and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope of these
document requests, the Commission requests that any such questions or concerns be
raised with the Commission as soon as possible so that any such issues can be addressed
and resolved prior to the production date.

June , 2003 Daniel Marcus

General Counsel

4
Unclassified - Commission Sensitive
 <T// ?/OS

Unclassified - Commission Sensitive

POSSIBLY TOR TEAM 3: ,. : V

7. Documents detailing the strategies, operations, and resources of the Combatant

Commanders, inWticular GENICOM, PACOM, SOUTHCOM, EUCOM and SOCOM,
dedicated to counteHerrorisrrHtnd force protection activities from January 1, 1995 to the
present, including plamupgf pre-positioning, basing and infrastructure.

8. DocumenXidentifyihe the strategies, operations, and resources of the military

departments, odrticularly theirnrtelligence components (e.g., Office of Naval
Intelligence^dedicated to counterterrorism and force protection activities from 1995 to
2003.

Intelligence.

f\. The intelligence annex to the Ballistic Missile Defense Commission report, which
Secretary Rumsfeld often references regarding his views on the organization, structure,
and effectiveness of the Intelligence Community.

Documents related to the establishment of the Undersecretary of Defense for

Intelligence, particularly any documents relating to (a) the Undersecretary's authorities
with respect to the Director of Central Intelligence (DCI), (b) oversight of National
Foreign Intelligence programs, (c) budget formulation responsibilities, (d) financial
execution responsibilities, and (e) the establishment of intelligence priorities within DoD.
, j>j~v. -.owc.ry ^ / f f o 7*6 Je/>
3. Documents produced by OSD or the JCS'regarding: '

(a) Management of DoD's intelligence components,

(b) The relationship between DoD and the DCI,
(c) DoD's intelligence priorities, including the need for intelligence support
for military operations, and
(d) DoD's intelligence requirements concerning counterterrorism and force
protection.

Correspondence from the Secretary of Defense notifying Congress of his intent to

transfer, reprogram, or seek supplemental funds for counterterrorism or force protection
within DoD and the Intelligence Community from January 1, 199f to the present.
S?<?
5. Correspondence between OSD or the JCS and the DCI on the conduct and
effectiveness of counterterrorism intelligence collection and reporting, future terrorist
threats to the United States, overseas force protection from terrorist threats and warning
of terrorist attacks from January 1,199|to the present.
4*'
Unclassified - Commission Sensitive
 v- H

Unclassified - Commission Sens

.Jo*,

7. Directions, tasking, or guidance from the Secretary of Defense to the following

organizations regarding counterterrorism and force protection from January 1, 1992 to the
present: 4<> ffff

(a) NSA;
(b) DIA (including the Defense HUMINT Service);,
(c) NIMA;
(d) NRO;
(e) Any combatant command; and
(f) Any military department.

8. All reports or analyses produced by the Defense Intelligence Agency (DIA) from
January 1,199? to the present concerning terrorism, including possible connections
between Al-Qa'ida and Iraq.
In
9. Documents detailing theAcounterterrorism and force protection activities

10. Reports, audits, findings, and recommendations of OSD, the Joint Staff, or the
Inspector General, regarding the following:

(a) The effectiveness of DoD's counterterrorism and force protection- Am

J- (b) The effectiveness of intelligence support for military operationsjfQa^

(c) The relationship between DoD and the DCI.

tion report of the bombing of tho Ch
(d) The after-action Emb
Belgrade in May 19991

The Corrimission requests that the documents requested above beNprovidaeras soon as
they are availabjeycven though allrsmiested documents may not bevpro^ided at the same
time, through means of a "rolling" production,

If any requested documems^are wijhheld frornpi^duction, even te^nporari^ based on an

5
Unclassified - Commission Sensitive
 Unclassified - Commission Sensitive

This draft merges Team 3 and Team 2 requests.

Draft: June 17,2003

Department of Defense Document Request No. 4

The National Commission on Terrorist Attacks Upon the United States (the "Commission")
requests that the U.S. Department of Defense (the "respondent") provide the Commission with
copies of the following documents no later than 2003, (the "production date"):

Policy- and Military Operations-related Documents

1. Documents prepared or compiled by the Office of the Secretary of Defense (OSD)

and/or the Joint Chiefs of Staff (JCS) for review or use by the Secretary of
Defense and/or the Deputy Secretary of Defense and/or their designee in
preparation for or to be presented in Principals' or Deputies' Committee meetings
on counterterrorism, particularly related to Al-Qa'ida, Usama bin Ladin ("UBL"
hereafter), the Northern Alliance and/or the Taliban, from January 1, 1998 through
December 31, 2001. Topics of interest include, but are not limited to, the
following:

(a) OSD and JCS strategy papers, options papers and recommendation papers;

(b) OSD and JCS views on the desirability, efficacy, and risks of any military
operations discussed; any agendas for the above mentioned meetings, or notes
taken at them by OSD and JCS representatives, including summaries and
conclusions reached; and guidance provided to OSD and JCS by Principals or
Deputies at these meetings;

(c) Deliberations on the range of military responses considered after the 1998
East Africa embassy bombings, including the August 20, 1998 U.S. missile
strikes in Sudan and Afghanistan, including any after-action reports;

(d) Deliberations from 1998-2001 regarding the use or possible use of ground
troops and/or commandos in Afghanistan; including deliberations regarding
bases needed or changes in military readiness, posture or capabilities that
would enable use of ground troops in Afghanistan, or actions undertaken with
respect to any of these;

(e) Deliberations regarding 1998-2001 attempts to target UBL and/or other senior
Al-Qa'ida leaders, including discussions of the use of cruise missile attacks;

Unclassified Commission Sensitive

 Unclassified - Commission Sensitive
(f) Deliberations regarding the use of Special Operations and Low Intensity
Conflict (SOLIC) forces against UBL and Al-Qa'ida;

(h) Discussions on JCS proposals for disinformation operations in Afghanistan;

(i) Deliberations regarding the use of overt/covert force in Sudan and Afghanistan
from January 1, 1991 to September 21, 2001, including preparatory orders;

(j) Considerations of military retaliatory measures after the October 12,2000

attack on the U.S.S. Cole, including OSD and JCS recommendations;

(k) Deliberations leading to the May 2001 decision to raise the threat condition of
U.S. troops in the Gulf to Delta, and the July 2001 decision to lower that alert
level;

(1) Documents related to OSD and JCS participation in the 2001 interagency
review of the arming of proxy forces to fight al-Qa'ida, and/or support for
Northern Alliance.

The above documents should include internal briefing documents that were presented
to the Secretary of Defense and Director of JCS in preparation for Principals'
Committee and Deputies Committee meetings;

2. Copies of any military plans or operations and/or related papers presented to the
"Small Group" by OSD and JCS concerning Al-Qa'ida, UBL and/or the Taliban, from
January 1, 1998 to September 20, 2001, including any notes taken by OSD and JCS
representatives at these meetings, conclusions reached, and actions taken following
these meetings;

3. File used by Lieutenant General Gregory Newbold, former Director of Operations

(J-3) of the Joint Staff, when interviewed by the Joint Inquiry Staff, including the
strategy" he referred to in this interview;

4. Strategy papers, option papers, or recommendations papers prepared by CINCSOC

for the Secretary of Defense and/or Chairman of JCS regarding the use and readiness
of JSOC forces against the Al-Qa'ida presence in Afghanistan or other countries from
January 1, 1998 - December 31, 2001;

5. Documents prepared by OSD and JCS for OSD and JCS briefings on terrorism,
specifically al-Qa'ida, UBL, Afghanistan, the Northern Alliance and/or the Taliban,
during the transition from the Clinton administration to the Bush administration,
2000-01, including written conclusions from these meetings;

2
Unclassified - Commission Sensitive
 Unclassified - Commission Sensitive

6. Documents related to OSD and/or JCS views on moving the Fifth Fleet out of its
harbor in Bahrain in June 2001;

7. OSD Annual Congressional Budget Justification Books for fiscal years 1998
through 2001.

DoD Intelligence-related Documents

1. The intelligence annex to the Ballistic Missile Defense Commission report,

which Secretary Rumsfeld often references regarding his views on the
organization, structure and effectiveness of the Intelligence Community;

2. Documents related to the establishment of the Undersecretary of Defense for

Intelligence, particularly any documents relating to (a) the Undersecretary's
authorities with respect to the Director of Central Intelligence (DCI), (b)
oversight of National Foreign Intelligence programs, (c) budget formulation
responsibilities, (d) financial execution responsibilities, and (e) the establishment
of intelligence priorities within the Department of Defense;

3. Documents produced by OSD or the JCS from January 1, 1990 to September 20,
1991 regarding the following:

(a) Management of DoD's intelligence components;

(b) The relationship between DoD and the DCI;
(c) DoD's intelligence priorities, including the need for intelligence support for
military operations; and
(d) DoD's intelligence requirements concerning counterterrorism and force
protection.

4. Correspondence from the Secretary of Defense notifying Congress of his intent to

transfer, reprogram, or seek supplemental funds for counterterrorism or force
protection within the Department of Defense and the Intelligence Community
from January 1, 1990 to the present;

5. Correspondence between OSD or the JCS and the DCI on the conduct and
effectiveness of counterterrorism intelligence collection and reporting, future
terrorist threats to the United States, overseas force protection from terrorist
threats and warning of terrorist attacks from January 1, 1990 to the present;

6. The dates and agendas of meetings between the Secretary of Defense or Deputy
Secretary of Defense and the DCI, and any supporting material concerning
counterterrorism or management of the intelligence community from January 1,
3
Unclassified - Commission Sensitive
 Unclassified - Commission Sensitive
1998 to the present;

7. Directions, tasking, or guidance from the Secretary of Defense to the following

organizations regarding counterterrorism and force protection from January 1,
1990 to the present:

(a) NSA;
(b) DIA (including the Defense HUMINT Service);
(c) NMA;
(d) NRO;
(e) Any combatant command; and
(f) Any military department.

8. All reports or analyses produced by the Defense Intelligence Agency (DIA) from
January 1, 1990 to the present concerning terrorism, including possible
connections between Al-Qa'ida and Iraq;

9. Documents detailing the intelligence requirements of the combatant commands

for counterterrorism and force protection activities from January 1, 1990 to
September 20, 2001;

10. Reports, audits, findings, and recommendations of OSD, the Joint Staff, or the
Inspector General from January 1, 1995 to the present regarding the following:

(a) The effectiveness of DoD's counterterrorism and force protection;

(b) The effectiveness of intelligence support for military operations; and
(c) The relationship between DoD and the DCI.

The Commission requests that the documents requested above be provided as soon as
they are available, even though all requested documents may not be provided at the same
time, through means of a "rolling" production.

If any requested documents are withheld from production, even temporarily, based on an
alleged claim of privilege or for any other reason, the Commission requests that the
respondent, as soon as possible and in no event later than the production date, identify
and describe each such document or class of documents, as well as the alleged basis for
not producing it, with sufficient specificity to allow a meaningful challenge to any such
withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as possible
and in no event later than the production date.
4
Unclassified - Commission Sensitive
 Unclassified - Commission Sensitive

If the respondent has any questions or concerns about the interpretation or scope of these
document requests, the Commission requests that any such questions or concerns be
raised with the Commission as soon as possible so that any such issues can be addressed
and resolved prior to the production date.

June , 2003 Daniel Marcus

General Counsel

5
Unclassified - Commission Sensitive