06/03/2004 THIT 17:15 FAX [g]002

THE WHITE HOUSE

Daniel Marcus, Ksq.

General Counsel
National Commission on Terrorist Attacks Upon the United States
30 17* Street, S.W.
Washington, D.C. 20407

Dear Mr. Marcus:

Consistent with the President's clearly stated policy of support for the work of the
National Commission on Terrorist Attacks Upon the United States ("Commission"), and as a
matter of comity between the legislative and executive branches, the Executive Office of the
President ("EOF") has made available to the Commission additional documents and information
that may be responsive to the Commission's requests entitled "EOP Document Request No. 5,"
dated October 24, 2003, ".HOP Document Request No. 6," dated April 1, 2004, a.nd "HOP
Document Request No. 7," dated May 5, 2004.

Specifically, on May 1 0, 2004, we placed in the New Executive Office Building

("NEOB") reading room documents that may be responsive to EOP Document Request No. 5,
item number 5, after the Commission revived its request to have electronic e-mail databases at
the National Archives and Records Administration ("NARA") searched for potentially
responsive documents. On May 17, 2.004, we placed in the NEOB reading room documents that
may be responsive to EOP Document Request No. 6. On May 26, 2004, we placed in the NEOB
reading room documents that may be responsive to EOP Document Request No. 7.

These documents reflect the results of inquiries made of relevant offices within the EOP
in response to the request as we have discussed. These documents are being produced as part of
a "rolling production," pursuant to our agreement and the terms of the request. We will continue
to advise you if we locate any additional responsive documents.

The referenced documents and information, and all documents and information
subsequently furnished, tire furnished (whether by delivery or by making them, available) with .
due regard for the constitutional separation of powers and reserving all legal authorities,
privileges and objections that may apply, including with respect to other governmental entiti.es or
private parties- Documents and other information are furnished to the Commission in confidence
and as in closed session. Please ensure that the Commission protects them from unauthorized
disclosure and from use for any purpose other than the purpose for which the Commission made
the request.

Sincerely,

Thomas A/Monhcim
Associate Counsel to the President
05/05/2004 WED 17:26 FAX , @002

THE WHITE HOUSE

WASHINGTON

May 5, 2004

Daniel Marcus, Esq.

General Counsel
National Commission on Terrorist Attacks Upon the United States
301 7th Street, S.W.
Washington, B.C. 20407

Dear Mr. Marcus:

This letter responds to your letter of April 16^ 2004, requesting that the Executive Office
of the President ("EOF") make available to the National Commission on Terrorist Attacks Upon
the United States ("Commission") the 57 documents identified by Commission staff during their
review in early April 2004 of additional Clinton Administration documents collected by the
National Archives and Records Administration ("NARA"). Consistent with the President's
clearly stated policy of support for the work of lie Commission, the EOF is now making those
documents available to the Commission.

As was made clear in the Commission's press statement dated April 7, 2004, none of
the 57 documents were the subject of any document requests that the Commission previously
submitted to the HOP. Accordingly, making this set of documents available to the Commission
in response to your April 16 request is an additional, extraordinary accommodation.
Furthermore, by making these documents available to the Commission, the EOF is neither
establishing any precedent concerning other documents not responsive to formal document
requests submitted to the EOF by the Commission, nor making any commitment with regard to
any potential future Commission requests.

The referenced documents are being made available with due regard for the constitutional
separation of powers and reserving all legal authorities, privileges and objections that may apply,
including with respect to other governmental entities or private parties. Documents and other
information are furnished to the Commission in confidence. Please ensure that the Commission
protects them from unauthorized disclosure and from use for any purpose other than the purpose
for which the Commission made the request.

We look forward to working with you as the Commission completes its work.

Sincerely,

5mas A. Klonheim
Associate Counsel to the President
Thomas H. Kean April 16, 2004
CHAIR

Lee H. Hamilton
VICE CHAIR
Thomas A. Monheim, Esquire
Richard Ben-Veniste Special Assistant to the President and Associate Counsel
The White House
Fred F. Fielding Washington, DC 20500
Jamie S. Gorelick
Dear Mr. Monheim:
Slade Gorton
Confirming our conversations, I am writing on behalf of the Commission to
Bob Kerrey
request that the 57 documents that we identified in our review last week of
John F. Lehman Clinton Administration documents collected by the National Archives be
produced for our review at the New Executive Office Building.
Timothy J. Roemer

James R. Thompson Sincerely,

Philip D. Zelikow
EXECUTIVE DIRECTOR
)aniel Marcus
General Counsel

cc: H. Bryan Cunningham

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.9-1 lcommission.gov T 212.264.1505 F 212.264.1595