Thomas H.

Kean January 21,2004

CHAIR

Lee H. Hamilton
VICE CHAIR
The Honorable James E. Baker
Richard Ben-Veniste United States Court of Appeals
for the Armed Forces
Fred F. Fielding
450 E Street, NW
Jamie S. Gorelick Washington, DC 20442-0001

Slade Gorton Dear Judge Baker:

Bob Kerrey
The National Commission on Terrorist Attacks Upon the United States has
John F. Lehman previously requested the opportunity to interview you with respect to matters
that took place during your tenure as Special Assistant to the President and
Timothy J. Roemer
Legal Adviser to the National Security Council that are relevant to the
James R. Thompson Commission's investigation pursuant to its statutory mandate. You have
indicated your willingness to participate in such an interview. However, you
have requested that we obtain assurances from the designated representatives
Philip D. Zelikow
EXECUTIVE DIRECTOR of both the current Administration and the Clinton Administration that they
have no objection to your being interviewed about matters that may include
legal advice communicated by you to NSC and other government officials. In
light of your responsibilities as a Judge and previously as an executive branch
attorney, you were anxious that any commission interview be conducted fully
consistent with any ethical obligations that may pertain to you as a former
executive branch attorney. The approval of the designated representatives of
the two Administrations negates the need to determine who might
appropriately waive any applicable institutional privilege that might adhere to
advice you rendered while serving as an NSC attorney within the Executive
Office of the President.

I have consulted with the designated representatives of the Clinton and Bush
Administrations. Neither representative, on behalf of the administrations or
institutional interests they represent, objects to your being interviewed by the
Staff of the Commission. Cheryl Mills, the designated representative of
President Clinton, expressed no objection to your appearing and discussing
matters that are or may be covered by an applicable privilege, including the
attorney-client privilege. She has conditioned such concurrence on an
understanding that you will be afforded access to any documents in the
possession of the Commission about which you are asked, as well as any
documents in our possession that you authored or in which you concurred,

301 7th Street SW, Room 5125 26 Federal Plaza

Washington, DC 20407 Suite 13-100
T 202.331.4060 F 202.296.5545 New York, NY 10278
www.9-llcommission.gov T 212.264.1505 F 212.264.1595
The Honorable James E. Baker
January 21,2004
Page 2

prior to your interview(s). John Bellinger, Senior Associate Counsel to the

President and National Security Council Legal Adviser, on behalf of the Bush
Administration and following consultation with the Counsel to President, has
concurred in your being interviewed by the Commission staff and discussing
matters involving attorney-client advice, subject to the understandings
discussed in our conference call of December 22, 2003.

In a separate conversation, I have assured you that any persons who will
participate in your interview or have access to any notes derivative of your
interview will hold the necessary TS/SCI/Codeword access and possess the
requisite "need to know."

Sincerely,

Daniel Marcus
General Counsel