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DRAFT

April 30, 2003

To: Tom & Lee


From: Chris Kojm
Re: Suggested answers to questions posed by family representatives.

The following twelve questions were provided by the Family Steering Committee in preparation
for this Thursday's meeting. Suggested answers appear in boldface.

1) Have all of the required staff members been hired? Yes, nearly all staff has been hired.
Our total staff will number 53, plus 8 consultants.
Can you foresee the need for more members to be hired? We can foresee the need for a few
additional individuals (perhaps 2 or 3) with specialized talents to assist the existing teams.
Was money an issue in your decision making process as for the number and quality of staff
members hired? Yes, our overall budget request ($14million) has been driven by the
proposed staffing pattern. Our policy has been to match salaries for all staff coming on
board (within government salary caps), so that they will decide to stop whatever they are
doing to take on this assignment.

2) hi an effort to keep family members fully informed about the commission and its work, we are
requesting the biographies of all staff members for posting on our web-site. Additionally, we
would also like to post the areas that each commissioner and staff member is assigned to and
responsible for.

We will post staff biographies on the web site. We will also post the names of key staff and
the names of teams and team leaders.

3) Have you selected or hired a family liaison? The family steering committee believes that Bob
Monetti, of the Pan Am 103 families, and would be a qualified individual for the position.

We were very close on a family liaison candidate who dropped out at the last minute.
Nonetheless, we are very far along and expect to name a person or persons shortly.
4) Has everyone on the commission and staff received their clearances? If not, who has not
received their clearance and why? When can we anticipate that everyone will have received his
or her clearances?

All Commissioners have received their Top Secret Codeword clearances. 15 staff has their
full Top Secret Codeword clearances; an additional 21 are very close to completion; 13 are
in process, and 3 are just beginning. The clearance process within the US government
runs an average of 6 to 8 months; we are getting staff cleared in about a month's time.
While clearances always take longer than one wants, we are doing very well within the
context of the USG.

5) What progress have the commissioners and staff members made in the investigation of the
CIA, FBI, NSA, FAA, INS, NORAD, Transportation Department, Treasury Department,
Congressional oversight, Executive Branch, Port Authority, City of New York, and Diplomacy?

At CIA and FBI, our staff has already visited and are beginning the process of reviewing
documents

At NSA, Homeland Security (including INS components), Defense (including NORAD),


State (diplomacy), Transportation and Treasury, we have met with designated points of
contact and established working relationships. In coordination with the White House, we
expect to submit document requests and begin reviewing documents at these agencies
within the next two weeks.

We expect to begin a process of review of congressional oversight at our next public


hearing, within the month.

We have begun, as you know, interacting with the City of New York and the Port
Authority. We will have our New York City office up and running around the middle of
May and the investigation will proceed from that point forward.

6) What is the process that the commission will be following with regard to the different areas of
investigation? For example, how are you determining what specific information and particular
individuals to investigate?

As you know, we have 9 work teams. These teams will do most of the investigative work of
the Commission staff. Each team is submitting work plans for Commission review —
outlining key questions, key areas of document requests, and key individuals to interview.
The Commissioners guide and shape these work plans. As of today, the Commission has
reviewed 5 of 9 work plans.

Additionally, who on the commission will be determining and writing the line of questioning for
potential witnesses, given that not all commissioners have an investigative background?
We have highly capable Commissioners. In addition, we have a highly capable staff. We
have a strong representation of attorneys, former congressional staffers, and senior
individuals with Executive branch experience who have either testified or prepared senior
officials for testimony. We are confident that we will have a strong investigation.

7) What interviews, if any, have been conducted thus far? What interviews are scheduled?
Interviews require careful preparation, and we will be scheduling extensive interviews as
soon as the teams are ready to do so.
What information have you requested?
We are and will be requesting extensive document requests across the entire breadth of the
Commission's mandate.
Was there a need for a subpoena?
We have not filed subpoenas yet. With the Executive branch, our record on cooperation in
getting the information we need has been "so far, so good." But we understand that the
toughest questions are still ahead of us, and there may be rough patches. We believe we
will get the information we need.
What materials have been studied (reports, articles, books, etc.)?
Our staff, as step one, has done an exhaustive review of all the open literature in their
respective areas of responsibility.
Have staff members been assigned required reading? Yes.
What specifically are those readings?
Those readings are the staff summaries of the Joint Inquiry, Joint Inquiry hearings, and --
as staff clearances become available -- the Joint Inquiry report and relevant interview
reports.

8) Will everyone have the same level of security clearance? If not, what is the varying levels of
clearance for each Commissioner and how will that affects their ability to be a Commissioner? If
varying levels of clearance exist, will that interfere with the breakdown in investigative
assignments, as well as, the commission members' abilities to avoid any potential conflicts of
interest?

Our goal is to have all Commissioners and staff at the same level of clearance — Top Secret
Codeword. Access by staff to individual sensitive highly classified compartments will be on
a need-to-know basis.

9) What is the process that you have developed for handling any potential conflicts of interest?
All Commissioners have filed, or in one case will soon file, financial disclosure statements
with the Senate Ethics Committee. These statements are matters of public record, and
numerous press articles have been written about the Commissioners' disclosure statements.

All staff earning more than $102,000 must file financial disclosure statements within 30
days of employment, and have done so. These statements, too, are a matter of public
record.
In connection with both Commissioners and staff, we have been in detailed and sometimes
daily contact with the staff of the Senate Ethics Committee. The Committee has given us
much useful guidance that has had a direct impact on our hiring decisions.

In addition, we have asked all staff to file with our General Counsel statements about
possible financial or other conflicts of interest.
Who in particular on the commission and staff has potential conflicts of interest, according to
your records? What are they specifically?
Our General Counsel and the Senate Ethics Committee have provided much useful
guidance so that Commissioners and staff can avoid such conflicts of interest.

10) Have you received the complete Joint Intelligence Committee's Report? If not, when are you
scheduled to receive it?

All Commissioners and all cleared staff now have access to the Joint Inquiry Report
Who or what are the 13 outstanding subpoenas from the JIC? Have you requested any
subpoenas of your own thus far? Have you run into any potential roadblocks with regard to
receiving information or cooperation?

Phil, Dan -- What do we know about the 13 subpoenas?

11) When is Eleanor Hill scheduled to brief you on the JIC's findings?

Eleanor Hill briefed the Commission in March on the Joint Inquiry's report.

Specifically, what do you consider as "unfinished business" by the JIC?


There is much unfinished business in areas that the Joint Inquiry wanted to investigate --
foreign policy, visa issuance, aviation security, congressional oversight, the story of the
conspiracy itself. The Joint Inquiry's perception of its unfinished business directly
influenced the creation of the Commission's mandate. We are required, by law, to look
into these areas of the Joint Inquiry's unfinished business.
Will you be delving into those areas? Yes.
Are there other subpoenas that should have been issued by the JIC but were not due to time or
informational constraints? ???

What specific recommendations does Eleanor Hill have for the commission?

Eleanor Hill and we are in general agreement about the Joint Inquiry's "unfinished
business" and the task before us.

12) Has the commission determined a rebuttal process? Specifically, during the opening hearings
in NYC, we heard witnesses give inaccurate statements to the commissioners. How can we make
the commission aware of those inaccuracies? Can or will you call witnesses to testify again?

We would welcome from you, and from all parties, information to correct the hearing
record. We need your help to get the job done right, and please do not hesitate to provide
such information to us. We may well seek to interview one or more of the witnesses again.
Questions Provided by the Family Steering Committee
for the Briefing on May 1,2003

1) Have all of the required staff members been hired? Can you foresee the need for more
members to be hired? Was money an issue in your decision making process as for the
number and quality of staff members hired?

2) In an effort to keep family members fully informed about the commission and its
work, we are requesting the biographies of all staff members for posting on our web-site.
Additionally, we would also like to post the areas that each commissioner and staff
member is assigned to and responsible for.

3) Have you selected or hired a family liaison? The family steering committee believes
that Bob Monetti, of the Pan Am 103 families, would be a qualified individual for the
position.

4) Has everyone on the commission and staff received their clearances? If not, who has
not received their clearance and why? When can we anticipate that everyone will have
received his or her clearances?

5) What progress have the commissioners and staff members made in the investigation of
the CIA, FBI, NSA, FAA, INS, NORAD, Transportation Department, Treasury
Department, Congressional oversight, Executive Branch, Port Authority, City of New
York, and Diplomacy?

6) What is the process that the commission will be following with regard to the different
areas of investigation? For example, how are you determining what specific information
and particular individuals to investigate? Additionally, who on the commission will be
determining and writing the line of questioning for potential witnesses, given that not all
commissioners have an investigative background?

7) What interviews, if any, have been conducted thus far? What interviews are
scheduled? What information have you requested? Was there a need for a subpoena?
What materials have been studied (reports, articles, books, etc.)? Have staff members
been assigned required reading? What specifically are those readings? What will your
next steps be?

8) Will everyone have the same level of security clearance? If not, what are the varying
levels of clearance for each Commissioner and how will that affect their ability to be a
Commissioner? If varying levels of clearance exist, will that interfere with the breakdown
in investigative assignments, as well as, the commission members' abilities to avoid any
potential conflicts of interest?

9) What is the process that you have developed for handling any potential conflicts of
interest? Who in particular on the commission and staff has potential conflicts of
interest, according to your records? What are they specifically?
10) Have you received the complete Joint Intelligence Committee's Report? If not, when
are you scheduled to receive it? Who or what are the 13 outstanding subpoenas from the
JIC? Have you requested any subpoenas of your own thus far? Have you run into any
potential roadblocks with regard to receiving information or cooperation?

11) When is Eleanor Hill scheduled to brief you on the JIC's findings? Specifically, what
do you consider as "unfinished business" by the JIC? Will you be delving into those
areas? Are there other subpoenas that should have been issued by the JIC but were not
due to time or informational constraints? What specific recommendations does Eleanor
Hill have for the commission?

12) Has the commission determined a rebuttal process? Specifically, during the opening
hearings in NYC, we heard witnesses give inaccurate statements to the commissioners.
How can we make the commission aware of those inaccuracies? Can or will you call
witnesses to testify again?

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