t2 b22 working drafts of document requests 2 of 2 fdr- 2 6-16-03 draft dod document request 3-...

8/14/2019 T2 B22 Working Drafts of Document Requests 2 of 2 Fdr- 2 6-16-03 Draft DOD Document Request 3- Merges Tea

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W I T H D R A W A L N O T I C E

RG: 148Box: 00008 Folder: 0022 Document: 4

Series: Team 2 Files

Copies: 1 Pages: 7

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

Document Date: 06-16-2003Document Type: Draft

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Subject: Draft of DCI document request

In the review of this file this item was removed because access to it isrestricted. Restrictions on records in the National Archives are stated in

general and specific record group restriction statements which are available

fo r examination.

NND: 361Withdrawn: 11-12-2008

RETRIEVAL #: 361 00008 0022 4System DocID: 5705


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Unclassified - Comm ission Sensitive

This draft merges Team 3 and Team 2 requests.

Draft: June 16, 2003

Department of Defense Document Request No. 3 .C*vutx>ci

The National Comm issionon Terrorist A ttacks Uponthe United States (the"Commission")requests that the U.S. Departmentof Defense (the "respondent") providethe Commission withcopies of the following documents no later than 2003, (the "productiondate"):

-tU1. Docum ents preparedor compiledby the Office ofASecretaryof Defense (OSD)

and/or the Joint Chiefsof Staff (JCS) for review or use by theSecretaryofDefense and/or the Deputy Secretaryof Defense and/or their designeeinpreparation for or to be presented in Principals' or Deputies' Committee meetingson counterterrorism, particularly related toAl-Qa'ida,Usam a bin Ladin("UBL"hereafter) and theTaliban, from January1, 1998 throug h December31 , 2001.Topics of interest include, but are not lim ited to, the following :

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

)

(b) OSD and JCSviews on the desirabilityTefficacy, an d risks of anymilitaryoperations discussed; any agendasfor(fhes meetings, or notes taken at themby O SD and JCS representatives, including summ aries and conclusionsreached; and guidance provided to O SD and JCS by P rincipals or D eputies atthese meetings, includ ingany after-action reports;

(c) Deliberationson the range of military responses consideredafter the 1998East Africa embassy bom bings, including the A ugust 20, 1998 U .S. missile strikesin Sudan an d Afghanistan;

(d) Deliberationsfrom 1998-20"01regardingthe use orpossible use ofgroundtroops and/or comm andos in A fghanistan; including deliberations regarding basesneeded or changes in military readiness, posture or capabilities that would enableuse of ground troopsin Afghanistan,or actions un dertaken withrespect to any ofthese;

(e) Deliberationsregarding 1998-20Q ttempts to target UBL and/or other seniorAl-Qa'ida leaders,including^dTscussionsof the use of cruise m issile attacks;

Unclassified Commission Sensitive


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Unclassified - Commission Sensitive(f) Discussions regarding the use of thePredator in Afghanistan, 1998-2001, thearming of proxy forces to fight Al-Qa'ida, including the November 2001 Predatorstrike that killed Muhammad Atef, and/or support for. Northern Alliance;

(g) Deliberations regarding the use of Special Operations and Low Intensity

Conflict (SOLIC) forces and/orfother operation) against UBL and Al-Qa'ida;^^7 X

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

(i) Deliberations regarding the use of overt/covert force in Sudan andAfghanistanfrom 1991 to (T99jj?including preparatory orders;

(j) Considerations of military retaliatory measures after the October 12, 2000attack on the U.S.S. Cole, including OSD and JCS recommendations; and viewson options and the desirability, efficacy, and risks of such operations;

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

(1) Documents related to OSD and JCSparticipation in the 2001 interagencyreview of the arming of proxy forces to fight al-Qa'ida, and/or support fo rNorthern Alliance;

r" \ )Deliberations of the U.S. 2001 military action in Afghanistan, including war

[plans;

T he above documents should include internal briefing documents that were presentedto the Secretary of Defense and Director of JCS in preparation for Principals 0Committee and D eputiesComm itteemeetings;

2. Briefing papers, strategy papers, options papers, and other documentation related toOSD and JCSconsiderations in response to Presidential or Principal-level requests toprepare commando units an d other ground forces for use in Afghanistan, from January 1,1998 to December 31, 2001, including OSD and JCS views on the desirability, efficacy,an d risks of such operations, including summaries and conclusions reached and actionstaken following these meetings;

3. Briefings papers, strategy papers, options papers presented by OSD and JCS to the4fCounterrorism Sub-Group and the "Small Group" concerning Al-Qa'ida and UBL from

January 1, 1998 to September 20, 2001, including any notes taken by OSD and JCSrepresentatives at these meetings, conclusions reached, and actions taken following thesemeetings;

2Unclassified - Commission Sensitive


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Un classified - Comm ission S ensitive

4. File used by Lieutenant General Gregory New bold, former Director of Operations (J-3)of the Joint Staff, wh en interviewedby the Joint InquiryStaff, includingthe "strategy"hereferred to in this interview;

5. Strategy papers, option papers, or recomm endations papers prepared by CINCSO Cfor the Secretaryof Defense and/orChairmanof JCS regardingthe use andreadinessof JSOC forces against theAl-Qa'idapresence in A fghan istan or other countriesfromJanuary 1, 1998 - December 31, 2001;

6. Mem oranda or notes resultingfrom discussions or meetings concerning Al-Qa'ida,UBL, the Taliban, or Afghanistanamong the Secretary of Defense, DeputySecretary ofDefense,Undersecretary for Policy, Chairman of JCS, Vice Chairman of JCS, or senior-level designeesof each of the above, and their senior counterpartsof the followingcountries from 1 January 1998- 31 December2001: Saudi Arabia, Pakistan, Germany,Sudan, leadershipof the Northern Alliancein Afghanistan.W e request relevantdocume nts recording these meetings whether the meetings between senior Department ofDefense officials and their foreign counterp arts take place in the United States or inforeign locations.

7. Docu ments related to OSD, JCS, andCINCENTdiscussions with P akistaniofficials,the Northern A llianceor other rival Afghan istan groups about Al-Qa'ida, UBL,and/or theTaliban, 1998-2001;

8. Docum ents related to OSD, JCS, and CINCENT discussions with Saudiofficialsabout Al-Qa'ida, UB L,and/or the Taliban,1998-2001;

9. Docume nts related to CINCENT views about costs and ben efits of possible combatoptions in Afghanistan,1998-2001;

10. OSD and/or JCS internal assessmentsof the efficacy of military retaliatory strikesafter terrorist attacks,1986-2001;

11. Documents related to OSD, JCS, and/orASD-SOLICbriefings on terrorism,specificallyal-Qa'ida,UBL, Afghanistan,and/or the Taliban, during the transitionfromthe Clinton administration to the Bush adm inistration,2000-01;

12. Docum ents related to OSD and/or JCS views on moving theFifth Fleetout of itsharbor in Bahrain in June 2001;

13. Docum ents detailing CT operations with other nationsfrom January 1, 1998 toSeptember20, 200 1 ;



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Unclassified - Com mission Sensitive14 . Do cum ents detailing the strategies, operations, and resources of the Com batantCommanders, in particular CENTCOM, PACOM, SOUTHCOM, EUCOM and SOCOM,dedicated to counterterrorismand force protection activitiesfrom 1995 to 2003, includin gbut not limited to plann ing, pre-positioning, basing andinfrastructure;

15 . Documentsidentifying the strategies, operations, ana resources of the militarydepartments, particularlytheir intelligence componentsjdedicated to counterterrorism andforce protection activitiesfrom 1995 to 2003;

16. Direction from the Secretary of Defense^tothe NSA, DIA,NEVIA,or NRO regardingjt counterterrorism activitiesand force protection, includingth e collection and analysis

strategies on the terrorist threat to the United States from 1995 to 2003;

r~ r"-T lV. The intelligence annex to the Ballistic Missile Defense Commission report on theiprganization,structureand effectivenessof the Intelligence Com mun ity;-i

18. Do cum ents related to the establishment of the Undersecretary of Defense forIntelligence, particularly any documents relating to the Undersecre tary's authorities w ithrespect to the D irector of Central Intelligence, oversight of N ational Foreign Intelligenceprogram s, budget form ulation responsibilities, financial execution respon sibilities,an dthe establishment of intelligence priorities w ithin the Dep artment;

w

19. Correspondencefrom the Secretary of Defense notifying Congressof his intent totransfer, reprogram,or seek supplementalfunds fo r counterterrorism activities withintheDepartment of Defense and the Intelligence Communityfrom ,1995 to 2003 ^

*

20 . Correspondence (letters, email, memoranda) betweenany entity of the Office of theSecretary of Defense and theDCI on the conduct and effectiveness of counterterrorismintelligence collection and reporting ,future terrorist threats to the U nited States, overseasforce protectionfrom terrorist threats and w arnin g of terrorist attacksfrom 1995 to 2003;

21. All reports or analyses producedby the Defense Intelligence Agency (DIA)from1993 -present concerning possible connections betweenAl-Qa'idaand Iraq;

^22. Directions, taskings,or guidancefrom the Secretary of Defense to the DefenseHUMINTService regarding counterterrorism and force protection efforts from 1995 to

and *~ i: ^K

a 23. Reports, audits,findings an d recommendationsof the Joineffectiveness of^P^DoD's counterterrorism and force protectk2003.

Staff regarding then activitiesfrom 1995 to

Unclassified - Commission Sensitive


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Unclassified - Commission SensitiveThe Comm ission requests thatthe documents requested abovebe provided as soon asthey are available, even thou ghall requested documentsmay not beprovided at the sametime, through meansof a "rolling" production.

If an y requested documentsare withheld from produ ction, even temporarily, basedon an

alleged claim o f privilege or for any other reason, the Com mission reque sts that therespondent, as soon as possible and in no event later than the production date,identifyand describe each such document or class of documents, as well as the alleged basis fornot produc ing it, withsufficient specificity to allow a mean ingful challenge to any suchwithholding.

If the respondentdoes not have possession, custody or control of any requesteddocumentsbut has information about where such documentsmay be located, theComm ission requests thatthe respondent provide such informationas soon as possiblean d in no event later than the production date.

If the respondent has any questions or concerns about the interpretation orscope of thesedocument requests, the Com mission requests that any such questions or concerns beraised withthe Commission as soon as possible so that any such issuescan be addressedand resolved prior to the production date.

June , 2003 Daniel MarcusGeneral Counsel

nclassified - Commission Sensitive


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Unclassified- Commission Sensitive

This draft merges Team 3 and Team 2 requests.

Draft: June 16,2003

Department of Defense Document Request No. 3

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 withcopies of the following documents no later than 2003, (the "production date"):

1. Documents prepared or compiled by the Office of Secretary of Defense (OSD) and/or theJoint Chiefs of Staff (JCS) for review or use by the Secretary of Defense and/or the DeputySecretary of Defense and/or their designee in preparation for or to be presented in Principals' orDeputies' Committee meetings on counterterrorism, particularly related to Al-Qa'ida, Usama binLadin ("UBL" hereafter) and 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, options, recommendation papers, or relateddocuments;

(b) OSD and JCS views on the desirability, efficacy, and risks of any militaryoperations discussed; any agendas for these meetings, or notes taken at themby OSD and JCS representatives, including summaries and conclusionsreached; and guidance provided to OSD and JCS by Principals or Deputies atthese meetings, including any after-action reports;

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

(d) Deliberations f rom 1998-2001 regarding the use or possible use of groundtroops and/or commandos in Afghanistan; including deliberations regardingbases needed or changes in military readiness, posture or capabilities thatwould enable use of ground troops in Afghanistan, or actions undertaken withrespect to any of these;

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

(f) Discussions regarding the use of the Predator in Afghanistan, 1998-2001, thearming of proxy forces to fight Al-Qa'ida, including the November 2001

Unclassified Commission Sensitive


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T' ^L y*"i IUnclassified - Commission Sensitive f\jK> x. 4

Predator strike at killed Muham madAtefJand/or support for Northerrr LAlliance; ' ~

(g) Deliberations regarding the use of Special Operations and Low IntensityConflict (SOLIC) forces and/or other operations against UBL and Al-Qa 'ida;

(h) Discussionson JCS proposals for disinformation operationsin Afghanistan;

(i) Deliberations regardingthe use of overt/covert force in Sudan andAfghanistan from 1991 to 1996, includ ing preparatory orders;

(j ) Considerationsof military retaliatory measuresafter the October 12,2000attack on the U.S.S. Cole, includingOSD and JCSrecommendations;andviews on options and the desirability,efficacy, and risks of such operations;

(k) Deliberations leadingto the May 2001 decision to raise the threat conditionof

U.S. troops in the G ulf to Delta, and the July2001 decision to lower that alertlevel;

(1) Documents related to OSD and JCS participation in the2001 interagencyreview of the arming of proxy forcesto fight al-Qa'ida, and/or supportforNorthern Alliance; and

(m)Deliberations of the U.S.2001 military action in A fghan istan, including warPlans.

The above docum ents should include internal briefing documents that were presented tothe Secretary of Defense and Director of JCS in preparation for Principals Committee andDeputies Committeemeetings'

2. Brie fing papers, strategypajter^, options papers,arid-other documentation relatedto OSD and JC S considerations inresponse to Presidential orPrmeipalrlevel requests toprepare commandskunits andother ground rorces for use in Afghanistan,from January 1,1998 to December31 2001, including OSD anfrJQS views on the desirability,efficacy,and risks of suchoperations-including summaries and conclusions reached and actionstaken following these meetings;

3. Briefin gs papers, strategy papers, options papers presented by OSD and JCS to theCounterrorism Sub-Group and the "Small Group" concerningAl-Qa'ida and UBL fromJanuary 1, 1998 to September 20,2001, including any notes taken by O SD and JCSrepresentatives at these meetings, conclusions reached, and actions taken following thesemeetings;



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4. 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;

5. Strategy papers, option papers, or recommendations papers prepared by

CINCSOC for the Secretary of Defense and/or Chairman of JCS regarding the use andreadiness of JSOC forces against the Al-Qa'ida presence in Afghanistan or othercountries from January 1, 1998 - December 31, 2001.

- .. i

6. Memoranda or notes resulting from discussions or meetings concerning Al-Qa'ida, UBL, the Taliban, or Afghanistan among the Secretary of Defense, DeputySecretary of Defense, Undersecretary for Policy, Chairman of JCS, Vice Chairman ofJCS, or senior-level designees of each of the above, and their senior counterparts of thefollowing countries from 1 January 1998 - 31 December 2001: Saudi Arabia, Pakistan,Germany, Sudan, leadership of the Northern Alliance in Afghanistan. We requestrelevant documents recording these meetings whether the meetings between senior

Department of Defense officials and their foreign counterparts take place in the UnitedStates or in foreign locations.

7. Documents related to OSD, JCS, and CESTCENTdiscussions with Pakistaniofficials, the Northern Alliance or other rival Afghanistan groups about Al-Qa'ida, UBL,and/or the Taliban, 1998-2001;

8. Documents related to OSD, JCS, and CJJSfCENTdiscussions with Saudi officialsabout Al-Qa'ida, UBL, and/or the Taliban, 1998-2001;

i

9. Documents related to CINCENT views about costs and benefits of possiblecombat options in Afghanistan, 1998-2001;

10. OSD and/or JCS internal assessments of the efficacy of military retaliatory strikesafter terrorist attacks, 1986-2001;

11. Documents related to OSD, JCS, and/or ASD-SOLIC briefings on terrorism,specifically al-Qa'ida, UBL, Afghanistan, and/or the Taliban, during the transition fromthe Clinton administration to the Bush administration, 2000-01;

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

13. Documents detailing CT operations with other nations from January 1, 1998 toSeptember 20, 2001;



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Unclassified- CommissionSensitivePOSSIBLY FOR TEAM 3:

7. Documents detailing the strategies, operations, and resources of the CombatantCommanders, in particular CENTCOM, PACOM, SOUTHCOM, EUCOM and SOCOM,dedicated to counterterrorism and force protection activities from January 1,1995 to the

present, including planning, pre-positioning, basing and infrastructure.

8. Documents identifyingthe strategies, operations, and resources of the militarydepartments, particularly their intelligence components (e.g., Office of NavalIntelligence), dedicated to counterterrorism and force protection activities from 1995 to2003.

n. Intelligence.

1. The intelligence annex to the Ballistic Missile Defense Commission report, whichSecretary 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 forIntelligence, particularly any documents relating to (a) the Undersecretary's authoritieswith respect to the Director of Central Intelligence (DCI), (b) oversight of NationalForeign Intelligence programs, (c) budget formulation responsibilities, (d) financialexecution responsibilities, and (e) the establishment of intelligence priorities within DoD.

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

fo r military operations, and(d) DoD's intelligence requirements concerning counterterrorism and force

protection.

4. Correspondence from the Secretary of Defense notifyingCongress of his intent totransfer,reprogram, or seek supplemental funds for counterterrorism or force protectionwithin DoD and the Intelligence Community from January 1, 1995 to the present.

5. Correspondence between OSD or the JCS and the DCI on the conduct andeffectiveness of counterterrorism intelligence collection and reporting, future terroristthreats to the United States, overseas force protection from terrorist threats and warningof terrorist attacks from January 1,1995 to the present.

4Unclassified- Comm ission Sen sitive


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Unclassified - Com missionSensitive

6. Records of meetings between the Secretary of Defense or the Deputy Secretary ofDefense and the DCI from January 1, 1990 to the present, including documents preparedfor the meetings, agendas, and any documents or taskings resulting from the meetings.

7. Directions, tasking, or guidance from the Secretary of Defense to the followingorganizations regarding counterterrorism and force protection from January 1,1995 to thepresent: , >

}'

(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) fromJanuary 1, 1993 to the present concerning terrorism, including possible connectionsbetween Al-Qa'ida and Iraq.

9. Documents detailing the counterterrorism and force protection activities by thefollowing entities:

(a) Any combatant command.(b) Any military department, and in particular each department's intelligence

components (e.g., ONI).

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

(a) The effectiveness of DoD's counterterrorism and force protection fromJanuary 1,1995 to 2003;

(b) The effectiveness of intelligence support for military operations fromJanuary 1, 1995 to 2003;

(c) The relationship between DoD and the DCI.(d) The after-action report of the bombing of the Chinese Embassy in /

Belgrade in May 1999.

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

If any requested documents are withheld from production, even temporarily, based on an5

Unclassified - CommissionSensitive


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alleged claim of privilege or for any other reason, the Commission requests that therespondent, as soon as possible and in no event later than the production date, identifyand describe each such document or class of documents, as well as the alleged basis fornot producing it, with sufficient specificity to allow a meaningful challenge to any suchwithholding.

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

If the respondent has any questions or concerns about the interpretation or scope of thesedocument requests, the Commission requests that any such questions or concerns beraised with the Commission as soon as possible so that any such issues can be addressedand resolved prior to the production date.

June , 2003 Daniel MarcusGeneral Counsel



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Unclassified - Commission Sensitivealleged claim of privilege or for any other reason, the Commission requests that therespondent, as soon as possible and in no event later than the production date, identifyand describe each such document or class of documents, as well as the alleged basis fornot producing it, with sufficient specificity to allow a meaningful challenge to any suchwithholding.

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

If the respondent has any questions or concerns about the interpretation or scope of thesedocument requests, the Commission requests that any such questions or concerns beraised with the Commission as soon as possible so that any such issues can be addressedand resolved prior to the production date.

June ,2003 Daniel MarcusGeneral Counsel
