UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES

THE WHITE HOUSE

WASHINGTON //)
AW^WiX—
August 13, 2003

Daniel Marcus, Esq.

General Counsel
National Commission on Terrorist Attacks Upon the United States
2100KStreetN.W.
Washington, D.C. 20037

Dear Mr. Marcus:

Following up on our prior discussions, I am sending you the enclosed notes taken by
Richard Ben-Veniste, Tim Roemer, and Dana Hyde while reviewing certain sensitive documents
made available to the Commission in response to EOF Document Request No. 2.

As I explained during our meeting last Thursday, portions of these notes do not comply
with our subsequent understanding of the principles for Commission review and handling of
EOF documents (memorialized in your letter to me dated July 29, 2003). For example, Ms.
Hyde's notes -- and, to a lesser extent, Mr. Ben-Veniste's notes — "effectively recreate"
substantial portions of the EOF documents reviewed. Moreover, Mr. Roemer's notes ~ and, to a
lesser extent, Mr. Ben-Veniste's notes ~ directly quote EOF documents and those quotes are not
"reasonably limited."

Nevertheless, we are returning these notes to the Commission as an accommodation, in

large part because they were taken before the note-taking procedures were finalized. We
understand, however, that you will share our concerns with the Commission to ensure
compliance with the letter and spirit of our agreement in the future. Our provision of these notes
to you without redactions is based in part on your representation that the Commission will abide
by the agreed-upon presumption to not quote from presidential deliberative materials in the
Commission's report. This letter also applies to some of the notes, which we returned to you last
week, taken on NSC documents. Finally, as agreed at our meeting last week, notes taken by Mr.
Hurley on highly sensitive documents, which did "effectively recreate" significant portions of
highly sensitive documents, will be retained by the EOF, but will, of course, be available for
review by Mr. Hurley in the NEOB.

We continue to appreciate the constructive way in which you and we have been able to
work together to balance the constitutional interests of the Executive Branch with the needs of
the Commission in carrying out its important mission.

Sincerely,

Tjjcjmas A/Monheim
Associate Counsel to the President
Enclosures
UNCLASSIFIED WHEN SEPARATED FROM ENCLOSURES