COMMISSION SENSITIVE

MEMORANDUM

To: Dan Marcus and Steve Dunne

CC: Teams 2, 3, and 4

From: Gordon Lederman

Re: Draft document request for EOF

Attached is a draft of our document request to the B€* from Teams 2, 3, and 4. Please note that February
26, 1993 is the date of the first World Trade Center bombing. We look forward to your comments. Thank
you.
 Draft
6/20/03
EOF Document Request No.

The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Executive Office of the President (the "respondent")
provide the Commission with the following documents (and their drafting/routing slips)
and information no later than , 2003 (the "production date"):

President of the United States

1. All presidential decisions or directives related to counterterrorism, management of the

Intelligence Community, Usama bin Ladin ("UBL"), senior members of Al-Qa'ida,
Al-Qa'ida itself, Sudan, or the Taliban, from February 26, 1993 to September 20,
2001, including, but not limited to:
a) Presidential Decision Directives ("PDD") 35, 62, and 63;
b) National Security Presidential Decisions ("NSPD") 1-8 of 2001;
c) Documents related to the drafting of NSPD 9, as drafted by September 10, 2001;
d) Other NSPDs related to counterterrorism, Al Qa'ida, the Taliban, and/or senior Al
Qa'ida leaders including UBL, from the period January 1, 2001 to the present,
including but not limited to NSPD 26; and
e) Tasking requesting the drafting of NSPD 5.

In this context, the phrase presidential decisions or directives refers to PDDs, NSPD's or
any other term describing a decision issued by the President for action.

2. Any other instructions, or taskings from the President of the United States
("POTUS") to his National Security Advisor or other Principals regarding
counterterrorism, management of the Intelligence Community, UBL, Al-Qa'ida, the
Taliban or Sudan, from February 26, 1993 to September 20, 2001.

3. Any and all written communications, questions, or other guidance, including written
marginalia and other notes (including notes of spoken questions, instructions or
guidance), that NSC staff received from POTUS or the Vice President of the United
States ("VPOTUS") reacting to having read particular excerpts in the President's
Daily Brief relating to UBL, Al-Qa'ida, the Taliban or terrorists in Afghanistan, from
January 1, 1998 to September 20, 2001. Same for UBL and Al-Qa'ida in Sudan from
January 1, 1991 to January 1, 1997.

4. Findings concerning counterterrorism, from January 1, 1985 through September 20,

2001; Memoranda of Notification ("MONs") and unapproved MON drafts concerning
counterterrorism, from February 26, 1993 to September 20, 2001. Any inquiries from
POTUS to the National Security Advisor, or other Principals, regarding any such
responses, as well as the responses to any such inquiries, from February 26, 1993 to
September 20, 2001.
5. The annual recertification of covert action programs prepared by the NSC and signed
by POTUS, from February 26, 1993 to September 20, 2001.

6. Any National Command Authority orders issued by POTUS to the Secretary of

Defense for the Department of Defense ("DoD") regarding UBL, Al-Qa'ida, the
Taliban, or Afghanistan, from February 26, 1993 to September 20, 2001.

7. Any Office of Management and Budget surveys or reviews of funding levels for
counterterrorism, FY 1993-2003, including funding levels requested by the Central
Intelligence Agency ("CIA"), DoD, the Department of Justice, the Department of
State, and the White House.

8. POTUS speeches or public statements that, either in whole or in part, addressed

terrorism, counterterrorism, UBL, Al-Qa'ida, or policy toward terrorists in
Afghanistan, Indonesia, the Philippines, Saudi Arabia, Sudan or Yemen, from
February 26, 1993 to September 10, 2001.

9. All reports, from February 26, 1993 to the present, by the President's Foreign
Intelligence Advisory Board ("PFIAB") or the Intelligence Oversight Board related to:
a) The management of the Intelligence Community;
b) The organization and structure of the Intelligence Community;
c) The effectiveness of human source intelligence, signals intelligence, and the
execution of covert action findings; and
d) The interagency process for formulating intelligence policy.

10. All Executive Office of the President or National Security Council ("NSC")
documents containing strategy or policy guidance in analyzing, tracking, or
disrupting the financing of terrorist activities or the movement of money in support
of terrorist operations or groups, from January 1, 1998 to September 20, 2001, and
those policies now in force.

Principals and Deputies

1. A list of the dates of all Principals and Deputies Committee meetings related to
a) UBL, Al-Qa'ida, the Taliban or Sudan, or b) the Intelligence Community's
priorities, management, or resources, from February 26, 1993 to September 20, 2001.
Principals meetings include any such meeting, whether chaired by POTUS or by the
National Security Adviser. This request applies to Principals or Deputies level
meetings addressing these topics wholly or in part, regardless of the title used for the
group or whether the meeting was conducted in person or by Secure Video
Teleconference System ("SVTS"), including meetings of the "Foreign Policy Team",
or the "Small Group".
 This request should be understood to include meetings of the above groups regardless
of the location; thus, it includes, but is not limited to, meetings at Camp David and
other sites.

For the meetings regarding the Intelligence Community's priorities, management, or

resources, please provide a list of attendees, the agenda, documents distributed
beforehand, minutes, and documents produced as a result.

2. Any and all written communications, questions, or other guidance, including written
marginalia and other notes (including notes of spoken questions, instructions or
guidance), that NSC staff received from the National Security Advisor, Secretary of
Defense, Secretary of State, Chairman of the Joint Chiefs of Staff or Director of
Central Intelligence, responding to excerpts in the President's Daily Brief relating to
UBL, Al-Qa'ida, the Taliban, or terrorists in Afghanistan from January 1, 1998 to
September 20, 2001, and same for Sudan, from January 1, 1991 to January 1, 1997.

Counterterrorism Security Group and National Coordinator for Terrorism

1. A list of all Counterterrorism Security Group ("CSG") meetings related to UBL, Al-
Qa'ida, the Taliban, Afghanistan or Sudan held during the period from
February 26, 1993 to September 20, 2001.

2. Any memoranda, including email or other written communication, from the National
Coordinator for Terrorism Richard Clarke to the National Security Advisor from
February 26, 1993 to September 20, 2001 on the subjects of UBL, Al-Qa'ida, the
Taliban, or terrorists in Afghanistan or Sudan. Such memoranda should include, but
not be limited to, options papers, strategies, recommendations, comments on war
plans, actions of other agencies, positions of other agencies (including CIA, the Joint
Chiefs of Staff ["JCS"], the Office of the Secretary of Defense ["OSD"], the
Department of State, and the Federal Bureau of Investigation) and updates on
developments. It should also include responses to any presidential or national
security advisor tasking.

3. Any documents originating from the NSC that requested that OSD or JCS provide
military options related to UBL, Al-Qa'ida, the Taliban, or other senior Al Qa'ida
leaders, from January 1, 1998 to September 20, 2001.

4.
9/11 Closed by Statute

5. Options papers, strategy papers, policy recommendations, conclusions, minutes, and

other documents produced by the NSC staff related to:
a) Discussions on Al-Qa'ida, the Taliban, Afghanistan, or UBL, from January 1,
1998 to September 20, 2001 between senior U.S. officials and senior officials of
the following governments: Germany, Pakistan and Saudi Arabia;
b) Requests to OSD, JCS, the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict, Central Command, and Special Operations Command
for options for the use of force in Afghanistan or against senior leaders of Al-
Qa'ida, from January 1, 1998 to September 20, 2001, including commando
operations or other measures short of full invasion;
c) Discussions on the following events:
i) The February 26, 1993 attack on the World Trade Center, including responses
considered, decisions made, and actions taken;
ii) Iraq's June 1993 attempt to assassinate former President Bush and the June
26, 1993 strike on Iraq, including responses considered, decisions made, and
actions taken;
iii) The April 19, 1995 bombing in Oklahoma City, including considerations of
possible foreign terrorist involvement, responses considered, decisions made
and actions taken;
iv) The June 25, 1995 attack on Khobar Towers, including responses considered,
decisions made and actions taken;
v) The February 1998 fatwa by UBL, "Jihad against Jews and Crusaders,"
including responses considered, decisions made and actions taken;
d) NSC, CSG, or Directorate of Transnational Threats ("TNT") responses to or
discussions on the following events or activities:
i) The August 7, 1998 East Africa bombings, including discussions of options
for response and evaluations of the August 20, 1998 strikes on Afghanistan
and Sudan;
ii) The October 12, 2000 attack on the U.S.S. Cole, including discussions of
options for response and evaluations of which group might have been
responsible;
iii) The planned "Millennium Plot," including options papers, strategy papers,
recommendations, and other documents, from January 1, 1998 to September
20,2001;
iv) Terrorist threats, including options papers, strategy papers, recommendations,
and other documents, during the spring and summer of 2001;
v) Attempts to target UBL or other senior Al Qa'ida leaders, including
suggested cruise missile strikes, from January 1, 1998 to September 20, 2001;
vi)
9/11 Closed by Statute

vii) The use of Predator drones in Afghanistan, including options papers, strategy
papers, recommendations, and other documents, from January 1, 1998 to
September 20, 2001;
 viii) Providing additional support to the Northern Alliance, including options
papers, strategy papers, recommendations, and other documents, from
January 1, 1998 to September 20, 2001; and
ix) Discussions with the Sudanese government regarding UBL or Al-Qa'ida,
including but not limited to, the expulsion/extradition of UBL and the sharing
of intelligence on UBL or Al-Qa'ida, from January 1, 1991 to September 20,
2001.

6. Reports, memoranda, or analyses prepared by the NSC, NSC committees or working

groups (including the Committee on Foreign Intelligence, the Committee on
Transnational Threats, the Interagency Working Group for Intelligence Priorities, and
the Policy Coordinating Committee on Intelligence and Counterintelligence), or its
staff concerning management of the Intelligence Community (including priorities,
capabilities, and resources), from February 26, 1993 to September 20, 2001. Please
include all documents prepared pursuant to § 101(h)(4)-(5) of the National Security
Act of 1947 as amended, 50 U.S.C. § 402(h)(4)-(5) (see Appendix A).

Also, please provide a) the dates of all meetings of the Committee on Foreign
Intelligence, the Committee on Transnational Threats, the Interagency Working
Group for Intelligence Priorities, and the Policy Coordinating Committee on
Intelligence and Counterintelligence; b) the agendas for those meetings; and
c) minutes and supporting material concerning management of the Intelligence
Community, from February 26, 1993 to September 20, 2001.

7. Briefings, options papers, and other documents related to counterterrorism,

management of the Intelligence Community, UBL, Al-Qa'ida, or the Taliban prepared
by NSC staff for incoming officials and staff of the Bush administration, from
December 1, 2000 to September 11, 2001.

8. The 2001 interagency review of policy on Al-Qa'ida, including discussions of use of

Predator, arming of the Uzbeks or other proxy forces to fight Al-Qa'ida, and increased
support for Northern Alliance, as well as other policies considered and their costs and
benefits.

9. All documents associated with the September 4, 2001 Principals Committee meeting
on Al-Qa'ida.

10. All records of NSC, principals, deputies, and war cabinet meetings, from
September 11 to 20, 2001.

11. Speechwriters' and Communications Office notes related to the drafting of the
President and Vice President's remarks on terrorism, from September 11 to 20, 2001.
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.

Daniel Marcus
General Counsel
June _, 2003