Thomas H.

Kean February 2, 2004

CHAIR

Lee H. Hamilton William Duhnke

VICE CHAIR Majority Staff Director
Richard Ben-Veniste
Select Committee on Intelligence
SH-211 Hart Senate Office Building
Fred F. Fielding Washington, B.C. 20510-6475
Jamie S. Gorelick
Dear Mr. Duhnke:
Slade Gorton
As you know, the statute that created the National Commission on Terrorist
Bob Kerrey
Attacks Upon the United States (Public Law 107-306) directs the Commission
John F. Lehman to investigate the facts and circumstances surrounding the September 11, 2001
terrorist attacks, including the nation's preparedness for, and immediate
Timothy J. Roemer
response to, those attacks, as well as to evaluate the lessons learned from those
James R. Thompson attacks and to make recommendations for preventing future attacks. As part
of its investigation, the Commission requests interviews with the following
Philip D. Zelikow
members of the Select Committee's staff during the weeks of February 16 or
EXECUTIVE DIRECTOR February 23, 2004, to be held at the Commission's K Street offices, if
possible. Please provide a proposed date and time for each interview no later
than February 11, 2004. The anticipated length of each interview is two
hours.

1. William Duhnke
2. Christopher Mellon
3. Melvin Dubee

The Commission anticipates that these interviews will involve the discussion
of classified information. The topics to be discussed include (a) Congressional
oversight of intelligence activities related to counter-terrorism; (b) the
management of the Intelligence Community; and (c) the intelligence-related
events and circumstances leading up to the attacks of September 11, 2001.

The Commission reserves the right to re-interview these individuals based on

the results of the requested interviews and the needs of the Commission.
Thank you for your cooperation in this matter.

Sincerely,

)aniel Marcus
im -7*
301 c
7th Street cw/ D
SW, cnc General Counsel
Room 5125 26 Federal Plaza
Washington, DC 20407 Suite 13-100
T 202.331.4060 F 202.296.5545cc: christopher Mellon, Minority Staff Director New York, NY 10278
www.9-llcommission.gov T 212.264.1505 F 212.264-1595
October 22, 2003

The Honorable Pat Roberts

Chairman
The Honorable John D. Rockefeller IV
Vice Chairman
Select Committee on Intelligence
SH-211 Hart Senate Office Building
Washington, D.C. 20510-6475

Dear Mr. Chairman and Mr. Vice Chairman:

We have received your letter dated September 12, 2003, responding to our
request for a transcript of the closed hearing that the Select Committee on
Intelligence held on September 4, 2003. Your own description of that hearing
confirms that it covered topics at the core of the Commission's statutory
mandate. While the Commission has requested enormous amounts of
substantive information from appropriate Executive Branch departments and
agencies, such departments and agencies cannot provide us with the precise
statements made by the witnesses at that hearing in response to questioning by
members of the Select Committee. Nor do we know what substantive
information the witnesses may have volunteered at the hearing. For these
reasons, as we stated in our letter dated September 5, 2003, access to a
transcript of that hearing is crucial to the Commission's work.

We therefore reiterate our request, on behalf of the Commission, that the

Select Committee on Intelligence provide the Commission with access to the
transcript of the September 4th hearing as soon as possible, either by providing
a copy to the Commission or by permitting Commission staff to review it at
the Committee's offices.

We appreciate your statement indicating that the Select Committee's staff will
comply with the Commission's request for documents dated August 12, 2003,
and we look forward to receiving copies of the requested documents promptly.

With best regards,

Thomas H. Kean Lee H. Hamilton

Chair Vice Chair
Thomas H. Kean
CHAIR October 22,2003
Lee H. Hamilton
VICE CHAIR The Honorable Pat Roberts
Chairman
Richard Ben-Veniste
The Honorable John D. Rockefeller IV
Max Cleland Vice Chairman
Select Committee on Intelligence
Frederick F. Fielding
SH-211 Hart Senate Office Building
Jamie S. Gorelick Washington, D.C. 20510-6475
Slade Gorton
Dear Mr. Chairman and Mr. Vice Chairman:
John F. Lehman
We have received your letter dated September 12, 2003, responding to our
•Timothy J. Roemer
request for a transcript of the closed hearing that the Select Committee on
James R. Thompson Intelligence held on September 4,2003. Your own description of that hearing
confirms that it covered topics at the core of the Commission's statutory
Philip D. Zelikow mandate. While the Commission has requested enormous amounts of
EXECUTIVE DIRECTOR substantive information from appropriate Executive Branch departments and
agencies, such departments and agencies cannot provide us with the precise
statements made by the witnesses at that hearing in response to questioning by
members of the Select Committee. Nor do we know what substantive
information the witnesses may have volunteered at the hearing. For these
reasons, as we stated in our letter dated September 5,2003, access to a
transcript of that hearing is crucial to the Commission's work.

We therefore reiterate our request, on behalf of the Commission, that the

Select Committee on Intelligence provide the Commission with access to the
transcript of the September 4th hearing as soon as possible, either by providing
a copy to the Commission or by permitting Commission staff to review it at
the Committee's offices.

We appreciate your statement indicating that the Select Committee's staff will
comply with the Commission's request for documents dated August 12,2003,
and we look forward to receiving copies of the requested documents promptly.

With best regards,

Thomas H. Kean Lee H. Hamilton

Chair Vice Chair
301 7th Street SW, Room 5125
Washington, DC 20407
T 202.331.4060 F 202.296.5545
www.9-llcommission.gov
 PAT ROBERTS, KANSAS, CHAIRMAN
JOHN D. ROCKEFELLER, IV, WEST VIRGINIA, VICE CHAIRMAN

ORRIN G. HATCH, UTAH CARL LEVIN, MICHIGAN

MIKE DEWINE, OHIO
CHRISTOPHER S. BOND, MISSOURI
TRENT LOTT, MISSISSIPPI
OLYMPIA J. SNOWE, MAINE
CHUCK HAGEL, NEBRASKA
SAXBYCHAMBLISS, GEORGIA
JOHN W. WARNER, VIRGNIA
DIANNE FEINSTEIN, CALIFORNIA
RON WYDEN, OREGON SSCI#2003-4172
RICHARD J. DURBIN, ILLINOIS
EVAN BAYH, INDIANA
JOHN EDWARDS, NORTH CAROLINA
BARBARA A. MIKULSKI, MARYLAND
Baited States
SELECT COMMITTEE ON INTELLIGENCE

BILL FRIST, TENNESSEE, EX OFFICIO

WASHINGTON, DC 20510-6475
THOMAS A. DASCHLE, SOUTH DAKOTA, EX OFFICIO

BILL DUHNKE, STAFF DIRECTOR

September 12, 2003
CHRISTOPHER K. MELLON, MINORITY STAFF DIRECTOR
KATHLEEN P. MCGHEE, CHIEF CLERK

The Honorable Thomas Kean

Chairman
The Honorable Lee Hamilton
Vice Chairman
National Commission on Terrorist Attacks
Upon the United States
301 7th Street, S.W.
Room 5125
Washington, D.C. 20407

Dear Mr. Chairman and Mr. Vice Chairman:

We have received your September 5, 2003 letter requesting a copy of the

transcript of a September 4, 2003, closed hearing of the Select Committee on
Intelligence. That hearing concerned the classification of certain portions of the
Joint Inquiry report. To the extent any portion of this closed hearing might have
relevance to matters of statutory interest to the Commission, we suggest that the
Commission request the relevant substantive information from the appropriate
Executive Branch departments and agencies.

Our Committee Staff will soon provide information associated with the
Commission's broader request for records dated August 12, 2003. These materials
should be beneficial to the Commission's effort to examine the "relevant facts and
circumstances relating to the terrorist attacks of September 11, 2001," including
"the role of congressional oversight and resource allocations."

If we may be of further assistance, please do not hesitate to contact us.

Sincerely,

Terts John D. Rockefeller IV

Chairman Vice Chairman
 S\ON ON

Thomas H. Kean September 5, 2003

CHAIR

Lee H. Hamilton
VICE CHAIR The Honorable Pat Roberts
Richard Ben-Veniste Chairman
Select Committee on Intelligence
Max Cleland
SH-211 Hart Senate Office Building
Frederick F. Fielding Washington, B.C. 20510-6475
Jamie S. Gorelick Dear Mr. Chairman:
Slade Gorton
As you know, the statute that created the National Commission on Terrorist
John F. Lehman Attacks Upon the United States (Public Law 107-306) directs the Commission
Timothy J. Roemer to investigate the facts and circumstances surrounding the September 11, 2001
terrorist attacks, including the nation's preparedness for, and immediate
James R. Thompson
response to, those attacks, as well as to evaluate the lessons learned from those
attacks and to make recommendations for preventing future attacks. We
Philip D. Zelikow understand that the Select Committee on Intelligence held a closed briefing
EV \TIVE DIRECTOR
yesterday on topics at the core of the Commission's statutory mandate, with
testimony from witnesses including the Director of Central Intelligence and
the Director of the Federal Bureau of Investigation. Access to a transcript of
that briefing is crucial to the Commission's work.

We therefore request, on behalf of the Commission, that the Select Committee

on Intelligence provide the Commission with a copy of the transcript of the
briefing held yesterday as soon as possible, and in any event no later than
September 19,2003. If you have any questions or concerns about this
document request, we request that you call the Commission's General
Counsel, Daniel Marcus, at 202-331-4065 as soon as possible so that any
potential issues can be resolved promptly.

With best regards,

Thomas H. Kean Lee H. Hamilton

Chair Vice Chair

Cc: The Honorable John D. Rockefeller IV

Vice Chairman
301 7 lh Street SW, Room 5125
Washington, DC 20407
T 202.331.4060 F 202.296.5545
www.9-1 lcommission.gov
f

PAT BO (ILK I i. KANSAS, CHA|HM*N

JOHN B. BOCt«FELUf», IV. WCSTWIBOINI*. VICt qiAlRMM*

OBBINO. HATCH, u IAN CAUL LEVIK MICHIGAN

.
CHRISTDPHIH SI BONO. MISSOURI
TMNT ion. MISSISSIPPI
OLtMltA-l SNQUIE. MAINt
CHUCK HAGEL. NlBKAt^A
.
RON WIDEN.
D J. DURBIN. ILUNOIIi

.
BARBARA A. MHaA£*l. MARYLAND
States
SELECT COMMITTEE ON INTELUI<3tNC6
SSCI*20Q3-437Q

JOHN W. WMINSH. UIRGNIA

WASHINGTON.
OILLFH«r. If NN48SEE. [X DFfOa
TMOMA& A.QASCULE. SOUTH DAKOTA, El OFFIClCI

BILL DUnNrt. STAFF DIRECTDH

CHAIETDPMIifl t- UEUON. MiNOKITf STAFF DIMCTQH October 7, 2003
t. MCShtli, MIEF O.EPK

Mr. Philip D. Zelikow

Executive Director
National Commission on Terrorist Attacks
Upon the United States
3017* Street SW
Room 5125
Washington, D.C. 20407

Dear Mr. Zelikow;

On August 28, 2003, representatives of the National Commission on

Terrorist Attacks Upon the United States (Commission) met with counsel of the
Select Committee on Intelligence (SSCI) to discuss the Commission's letter of
August 12, 2003. In its August 12 letter, the Commission requests the disclosure
of certain documents in the possession of the SSCI. According to the request,
these documents are necessary for the Commission's review of "relevant facts and
circumstances relating to the terrorist attacks of September 11, 2001," including
"the role of congressional oversight and resource allocation."

On behalf of the Chairman and Vice Chairman, we are taking several steps
to permit members and staff of the Commission to review requested documents
and to identify, in the records of the SSCI, other documents that the Commission
may need to facilitate its work. Initially, we will make documents available for
staff to review according to paragraphs 1-8. Should the Commission need
working copies of documents or require the formal release of any of the reviewed
documents, additional action by the SSCI or Senate may be necessary.

1. Unless otherwise specified, all documents made available to the

Commission are for review purposes only. With respect to such review,
access to such documents shall be restricted to appropriately cleared
members or staff of the Commission with an official "need to know."
Pending further action, as necessary, by the SSCI and the Senate, the
Commission is not authorised to release or otherwise disclose - to the
public, to any governmental agency, to any Commission members or staff
Mr. Philip D. Zelikow
October 7, 2003
Page 2
without appropriate clearances, or to any cleared Commission members or
staff without an official "need to know" - the contents of any document
made available to it by the SSCI,
2. The SSCI consents to Commission review of documents within the scope of
the Commission's August 12 request that are identified in the holdings of
any element of the Intelligence Community, as follows:

a. Letters of approval/disapproval from the SSCI to the Director of

Central Intelligence (DCI), or to any other U.S. Government official,
regarding a request by an element of the Intelligence Community for
reprogramming or supplemental funding or for a release from the
Central Intelligence Agency Reserve for Contingencies concerning
counterterrorism activities from 1990 to September 2001;

b. Correspondence from 1990 to September 2001 between the Chairman

and/or Vice Chairman of the SSCI and the DCI, Secretary of Defense,
Secretary of State, Secretary of the Treasury, Attorney General, or the
head of any element of the Intelligence Community, regarding the
Intelligence Community's counterterrorism efforts, including efforts
against Usama Bin Laden, al Qa'ida, terrorist financing networks, and
efforts with foreign partners to collect intelligence or otherwise act
against terrorist targets.

With respect to documents provided for review under this paragraph, the
SSCI requests that the Commission provide a list of all reviewed documents,
including the subject and date of the letter or correspondence. The SSCI,
thereafter, will check its records against the Commission list to verify, to the
extent possible, that all appropriate documents have been made available to the
Commission for its review.

3. Any document identified in SSCI holdings, dated prior to September 2001,

and within the scope of paragraphs 1,2,3,5, or 6 of the Commission's
August 12 request will be made available to the Commission for review in
SSCI secure spaces, or such other secure spaces mutually agreed to by the
Mr. Philip D, Zelikow
October 7,2003
Page 3
SSCI and the Commission. With respect to paragraph 6 of the
Commission's 12 August request, if the SSCI identifies correspondence by
"the Senate leadership through SSCI channels," such documents may be
made available for review after consultation with the Senate Legal Counsel.

4, The SSCI will provide a list of all hearings, including date and an
unclassified description of the subject matter, from 1995 through September
2001, and will identify those that specifically focus on the Intelligence
Community's counterterrorism efforts. If the Commission seeks additional
information regarding a specific hearing topic, the SSCI will attempt to
provide such information. Due to the sensitive nature of some of the topics,
the specific subject of the hearing may be classified. The SSCI will work
with the Commission to ensure that sufficient information regarding the
subject matter of the hearing is conveyed to appropriately cleared
Commission members and staff with an official "need to know" in a manner
that meets the Commission's needs and protects any classified or otherwise
sensitive information,

5, With respect to transcripts for hearings from 1995 to September 2001

specifically focused on the Intelligence Community's coumerterrorism
efforts, the SSCI will make available to the Commission for review by
appropriately cleared Commission members or staff with an official "need
to know" such transcripts in SSCI secure space, or such other secure spaces
mutually agreed to by the SSCI and the Commission. These transcripts will
identity any members, staff, witnesses, and other individuals present for any
portion of the hearing. Consistent with Commission representations, the
SSCI consents to review of these transcripts with the understanding that
attendance by or absence of individual members or staff at a particular
hearing does not necessarily reflect the level of participation by such
members or staff in SSCI business on any particular topic. The SSCI
reiterates that its consent has not been granted to the Commission for
release of any information associated with any SSCI hearing transcript,
pending further SSCI and Senaie action.
Mr. Philip D. Zelikow
October 7,2003
Page 4
6. Following Commission review of the documents made available by the
SSCI based on the Commission's August 12 request, the Commission may
request the release solely to the Commission of a working copy of any
identified document.

7. If a working copy of any document requested under Paragraph 6 is released

by the SSCI for review by the Commission, the working copy and all
duplicates (if any) of the working copy reproduced by the Commission,
including any copies that have been marked by Commission members or
staff, shall be retained by the Commission in a separate file. Upon
termination of the Commission, these documents shall be returned to the
SSCI to be maintained as SSCI documents at the National Archives and
Records Administration or such other facility identified by the SSCI. Future
access to these documents will be controlled by the SSCI. Within such
SSCI holdings, these documents will be identified and maintained
separately as documents released to the Commission and returned.

8. The SSCI wishes to discuss further the manner in which notes taken by
Commission members or staff regarding SSCI documents provided for
Commission review will be maintained and disposed. In keeping with the
objectives of our agreement concerning review, access, and return of such
documents, the SSCI directs that Commission members and staff maintain
their notes separately until an agreement regarding their maintenance and
disposition can be reached.

As discussed at the August 28 meeting, the SSCI will begin a review of all
files for the requested documents. The SSCI will make every effort to ensure that
a substantial portion of these documents is made available for review by October
24, 2003. With respect to documents dated pre-1997, the SSCI will provide a list
of documents that may be responsive to the Commission's request. If the
Commission identifies documents from this list that are of further interest, the
SSCI will make such documents available for review when retrieved from the
National Archives and Records Administration.
Mr. Philip D. Zelikow
October 7,2003
PageS
The SSCI notes that many of the Commission's August 12 requests seek
documents or hearing transcripts covering SSCI activities that occurred after
September 2001. The SSCI is willing to discuss making such documents or
hearing transcripts available to the Commission on a case-by-case basis.

You have also informed us of your wish to interview both present and
former members and staff of the SSCI. Given the particular sensitivity of the
information provided to these members and staff, including the potentially
privileged information that could be disclosed, and to ensure compliance with
Senate rules and practices and any applicable nondisclosure agreements, we
appreciate the Commission's agreement to provide to the SSCI a list of all current
and former SSCI staff that the Commission identifies as potential interviewees.
With respect to current and former SSCI staff, the SSCI will seek to facilitate
interviews consistent with applicable Senate rules, practices, and associated
privileges. We also appreciate the Commission's agreement to provide the SSCI
with a copy of any request to interview a present or former member of the SSCI.
In any Commission correspondence with present or former SSCI members, please
inform the members that they may contact the SSCI Staff Director or Minority
Staff Director should they have any questions regarding their obligations under the
Senate Rules or should they wish to review any SSCI information. The SSCPs
phone number is (202) 224-1700.

We appreciate your cooperation on these matters and look forward to

working with you and your staff.

Sincerely,

LL^—.
Bill Duhnke Jiris Mellon
Staff Director and Minority Staff Director
Chief Counsel