complaint from 9/11 commission terrorism finance team about lack of documents received

8/14/2019 Complaint from 9/11 Commission Terrorism Finance Team about Lack of Documents Received

1/4

MemorandumTo: Front OfficeFrom: John Roth, Team Leader, Team 4Date: Aug ust 20, 2003

The inability of the FB I and other agencies to produce doc uments is threateningTeam 4's ability to complete its work by the statutory deadline. Despite dozens o fmeetings, and innumerable promises of performance, we have received barely a trickle ofdocuments. We are now approximately two months after the deadline set forproduction.1 To our knowledge, no agency has any outstanding objections that ourrequests are unduly burdensome or otherwise unacceptable. Issues raised by State andthe FBI were quickly resolved through negotiation.While the idea of a "litmus test" approach to document production may be useful forother teams, we feel that narrow ing our request to a few items will simply allow theagencies to produce only those documents and nothing more. Respe ctfully, it has beenour experience in similar situations that a more complete recounting of the agencies'failures, complete w ith a recounting of our efforts to get even minimal compliance, bothgives us a better historical record and will get a more urgent response.I suggest mo re aggressive action. Because the agencies' inability to produc e thedocuments in a timely manner is imperiling the work of our team, selected agencies(specifically, State and the FBI) should give us on-site access to all records, and allow usto retrieve them at will. W e should argue that they have forfeited their ability to rely onthe standard access controls because of their inability to com ply with reasonabledocument requests.All agencies:We h ave received no documents from any agency responsive to our request fordocuments from the EO F or NSC concerning policy and strategy for tracking anddisrupting terrorist financing. This includes State (Request 1, item 2), FBI (Request 5,item 7), and Treasury (Request 1, item 6, Request 2, item 2, Request 3, item 2). Theserequests were directed at understanding the workings of the Po licy C oordinatingComm ittee, which was the governme nt's interagency group charged with developing astrategy and coordinating the attack against terrorist finances. Other than generalizedpublic statements about the function of the PCC, we have no ability to determine w hetherany recommendations for the future should include alternatives to the PCC.

The July 2 deadline was later than we wanted, as it took almost two weeks to getinternal approval of our document requests.


2/4

FBI Request N o. 5FBI request 5 was due on July 2, 2003. They have produced approximately a foot ofmaterials pursuant to our request. Not knowing what the FBI has, it is difficult to saywhat are the most important documents they have not produced. Generally, it appearsthey have not completed p roduction to any of our items, although they have produced atleast some documents for many of them. Additionally, as you know, many of thedocum ents we received had excessive and unacceptable redactions.In terms of importance, w e would say they have been v ery weak on the followingnumbered items:4. Analytic product regarding Means and Methods of Al Qaeda funding from 96-present(some documents, but very few).5. For the period from 98 thorough 9/20/01, documents re (a) programs, policiesand operations concerning Al Qaeda financing; and (b) re cooperation of foreigngovernments re Al Qaeda financing, (no documents).7. Strategy or policy guidance from the NS C, EOF or AG concerning terrorist financingfrom 98 to 9/20/01 and those now in force, (no documents).8. For the period from 98 to 9/20/01, documents (a) evaluating or analyzing theeffectiveness of programs to track or disrupt terrorist financing; (b) policies andprocedures concerning cooperation with US agencies re terrorist financing; (c) policiesand procedures concerning cooperation w ith foreign governments, (few documents)9. Documents concerning specific investigations. (Some very useful documents havebeen produced, but this production is far from complete, and many documents remainunproduced, especially as to 9.a (al Barakaat), 9.b (al Taqua), 9.e. (al Haramain), and 9.f,9.g, (re two identified individuals).12. Reports, sum maries, and intelligence or analytic products discussing changes in thefinancing of Al-Qaeda or other Islamic extremist groups in response to post 9/11 U Sefforts on terrorist financing, (few documents).14. Documents related to any investigation of 18 USC 2339A or 2339B presented toDOJ for prosecution, where such prosecution was declined, (no documents).15. Any policy statements, procedures, and guidelines received from D OJ reinvestigations or prosecutions under 18 USC 2339A or 2339B. (no documents).They have produced some documents to the other items, but major deficiencies plainlyexist there as well. For example, FBI CT official John Pistole testified on 7/31/03 beforeSenate Committee on Governmental Affairs that ongoing investigation "has traced theorigin of the funding of 9/11 back to financial accounts in Pakistan, where high-ranking


3/4

and well-known Al-Qa'ida operatives played a ma jor role in moving the money forward,eventually into the hand s of the hijackers in the U.S." We pointed out in an August 5email to Pat O'Brien that to the extent any docu men ts exist summ arizing, identifying oranalyzing the financial accounts in Pak istan or related transactions, they are responsiveto our item 2. We have not received any such documents, which seemingly mu st exist.Overall, with the exception of items 10 (TFOS organizational documents) and 13(trading investigation docum ents), the FBI produ ction has been inadequate. Even thosetwo items are not complete.State Request number 1:State's request w as due Ju ly 7. They have produced about two feet of material, althoughsome of that material was responsive to team 1's request added to our request, and someof it included publicly ava ilable materials. It is easier to describe what State has producedthan what it has not. They have produced (1) the administrative records to the FTOdesignations (responsive to item 6), (2) some material relating to the abilities o f foreigngovernments and recommendations to improve such abilities post-9/11 (responsive inpart to items 7 an d 8), and (3) some cables regarding State's efforts to get countries tocomply w ith the designation process post-9/11.Specifically, they have failed to provide any documents for items 1, 2, 3, 4, 5 and 13.They have completed item 6. The docum ent produ ction process for item 6 gives a goodillustration of our frustration with the process. State provided the original m aterials in aState reading room in early July. Within days, Serena and I were able to look at thematerials and tagged the materials. It then took State three weeks to copy and deliver thedocuments to us.State has given us partial production on 7 and 8 in the most recent production this w eek.With respect to item 9, they have produced relatively superficial and publicly availablematerials on the assessment of anti-money laundering laws and a partial production ofmaterials regarding training assessments bu t only for 2002. State has produced a handfulof documents with regard to 10, and limited documentation for 11. The individualresponsible for item 12 has been on vacation and we will contact him.

Treasury requests 1 through 3:Treasury has been meting materials out at a slow but steady pace. W e estimate that theyhave produced about four boxes of materials, as well as a number of electronicdocum ents. This status does not includ e last week 's produ ction, which has not yet beenlogged in and given bates numbers. Additionally, it does not include Treasury'sproduction of electronic docum ents, since we d on't have a way to read them and can't tellwhat they contain.


4/4

Request 1 (Ma in Treasury): There has bee n very little material produced as a result ofthis request, although some of it may be in the latest production. This also may bebecause m ain Treasury simply has no information with regard to these items, in that itmay reside within the agencies.Request 2 (FinCEN ): Generally, OK. Specifically, FinCEN gave partial production onitems 1,3,4, 10, 11,13 and 14. No production on items 2, 5 and 5. Complete or near-complete production on items 6, 7, 8, 9, 12.Request 3 (OFAC): Generally, the critical deficiencies include OFAC's foreign trips tothe Middle East, particularly pre-9/11, and the results of those trips. Add itionally, exceptfor redacted packages for BIF and GRF, we have failed to receive the designationpackages for the FTOs we intend to focus on: al-Qaeda, the Taliban, al-B arakaat, al-Taqua and al-Haramain.Specifically, no production on items 1, 2, 3, 4, 5, 6, 8 a through d, 8g, 9, 10, 11, 12, 13,14, 15. Partial production on items 7, 8e, 8f