04/07/2004 1 5 : 4 3 9 / 1 1 Personal Privacy J COWIE PAGE 81

I I

JOHN R. COWIE. JR.

9/11 Personal Privacy

9/11 Personal Privacy

TELECOMMUNICATIONS TRANSMITTAL

DATE April 7, 2004

TO: Hon. Thomas H. Kean FIRM. 9711 Commission

FAX#: (202)331-4060

FROM: JRC, JR.

RE: Presidential Privilege

COMMENTS.

Number of pages sent, including this cover sheet:

cc: The White House/Dr. Condoleeza Rice, NSA

CONFIDENTIALITY NOTICE
The documents attached hereto contain information from John R. Cowie, Jr., which is
confidential or privileged. The information is intended for the addressee only. If you are not the
addressee or the entity above named, any disclosure, copying, distribution or use of the contents
of this telecopied information is prohibited. If you have received this information in error please
contact this office and we will arrange to have the information returned without cost to you.
04/07/2004 15:439/11 Personal Privacy J COWIE PAGE 02

]okn and Bar&gra Cowtt

9/11 Personal Privacy

The Bithop-s Cottage

April 7, 2004

The Honorable Thomas H. Kean, Chairman

National Commission on Terrorist Attacks Upon
the United States
301 7* Street, SW
Room 5125
Washington, D. C. 20407

Re: Presidential Privilege/Testimony of

Dr. Condoleezza Rice, NSA

Dear Mr. Kean:

This letter is written to the 9/11 Commission because there seems to be an obvious mis-
characterization of the facts, or the conclusion which can be drawn on the basis of those facts, by
your Executive Director, Philip D. Zelikow, concerning the testimony of a former Chief of Staff,
Adm. William D. Leahy, given before the Joint Committee On The Investigation Of The Pearl
Harbor Attack, held in November and December, 1945. In the April 12, 2004 issue of Newsweek
there is an article by Newsweek Investigative Correspondent, Michael Isikoff, in which he refers
to the opinion of Mr. Zelikow, that the appearance by Adm. Leahy in 1945 means that "The
White House could no longer GET AWAY with the claim that Rice's appearance would be a
profound breach of precedent", (emphasis supplied). Mr. Isikoff further noted in the article that
Prof. Zelikow, a University of Virginia historian, (I believe he currently is the White Burkett
Miller Professor of History at the University) ".,., had been poring over records of the Pearl
Harbor inquiries for months,..." leading to the conclusion noted above Unfortunately, for both
Prof Zelikow and Mr. Isikoff, I offer, somewhat tongue in cheek, there may well have been some
04/87/2004 15:43 4137437471 J COWIE PAGE 03

pouring, but little poring over the testimony from the Hearing in 1945, for the following reasons.

Adm. Leahy appeared as a witness at the Hearing and his testimony is contained in the published
transcript in Part I, at pgs 341 to 368. At the time of his testimony he held the military position
of Chief of Staff to the Commander-in-Chief of the Army and Navy. He assumed the position on
July 20, 1942 and remained in the position until March 21, 1949. This is the same military
position which is currently known as Chairman, Joint Chiefs of Staff, presently held by Gen.
Richard B. Myers, USAF. On December 7, 1941 Adm. Leahy was the U. S. Ambassador to
Vichy France, a position he had been assigned to in January, 1941 Prior to January, 1941 he had
served as Governor of Puerto Rico from September 1939 to November 1940 Prior to that he
served as Chief of Naval operations from January 1937 to August, 1939 when he retired from
active duty with the U. S. Navy. When the Adm. appeared before the Pearl Harbor Attack Joint
Committee he was not appearing to testify in his capacity as the military Chief of Staff because he
did not hold that position in 1941. He did not testify to any advice given to the President during
the time he held the position of Chief of Staff His testimony was entirely concerned with matters
outside the scope of his position that he held at the time he testified. The privilege, if any,
requires a connection between the position held, the person giving the advice and the subject
matter.

The first area of inquiry concerned a luncheon he had with Pres. Roosevelt and then Commander-
in-Chief, United States Fleet, Adm, James O. Richardson, on October 8, 1940. Adm. Leahy, as
the Governor of Puerto Rico was at the luncheon to discuss housing issues and other matters
concerning Puerto Rico. Adm. Richardson was there because of his opposition to leaving the
main body of the Fleet at Pearl Harbor. He wanted the Fleet to return to their home bases on the
West Coast where they could be more properly replenished for war time duty if Japan attacked.
Adm Richardson and Pres. Roosevelt were not on the same page on the issue. As the President
was the Commander-in-Chief, Adm. Richardson was ultimately relieved of his duties in early
1941.

Adm. Leahy testified to the Navy budgets that were submitted to and approved by Congress from
the period of 1932 to 1941; problems the Admiral encountered as Ambassador to the Vichy
Government regarding the stationing of Japanese troops in French Indochina; and he mentioned a
discussion between Adm Richardson and the President concerning whether, or not, the U. S.
would go to war if Japan attacked Thailand, the Kra Peninsula, the Dutch East Indies or the
Philippines. The areas of inquiry were entirely outside the scope of any Presidential privilege with
regard to his then, in 1945, position as the military Chief of Staff, a position he did not hold in
1940 or 1941. It is intellectually dishonest to suggest, or argue, that the testimony of Adm. Leahy
in 1945 could possibly form the basis of your Committee's position on the issue of Presidential
Privilege. Dr. Rice has agreed to testify so the point seems moot but not entirely so.

The Commission's reliance on this so-called precedent is the equivalent of driving bridge supports
into a bed of sand. Did Prof, Zelikow spend as much time poring over the records of the Clinton
Administration, in particular, the final assessment by Pres. Clinton's team prepared in December
2000, titled "A National Security Strategy for a Global Age"? Was Richard Clarke cross-
examined on the document? If not, why not? What could he say, he didn't recall what was in the
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document? The document contains scant references to Osama Bin Ladin and not one reference to
Al Qaeda. How can the Committee give any credence to Mr Clarke's comment that the Clinton
Administration was very concerned about Al Qaeda and Dr. Condoleezza Rice acted as if she
didn't even know who, or what, they represented? If the Commission is to weed the chaff out of
the wheat those were matters the Commission members should have undertaken on their own
with Mr. Clarke instead of now leaving it up to Dr. Rice to have to spend time before the 9/11
Commission refuting the baseless charges of Mr. Clarke. A witness who just happened to have a
CBS 60 Minutes interview and a soon to be released book, through Viacom/CBS/Simon and
Schuster, just days before his testimony.

I must add, that in retrospect, with the current climate of yellow journalism from the print and
television media, the book publishers, and with Commission Member, Richard Ben-Veniste,
appearing on television and opining that the Commission will find fault, this before all of the
testimony is in, there does appear to be a total lack of objective inquiry taking place in
Washington. The Commission, or maybe some Commission Members motivated by partisan
politics, seem more intent on finding something, anything, to support a pre-determined finding of
fault on the part of certain individuals, or entities, rather than an honest assessment of where we
go in the future with our intelligence community. Finally, concerning Prof. Zelikow, if the
references in Mr. Isikoffs article are accurate I suggest someone should be checking his work in
the future.

,espectfully submitted;

cc: The White House

Dr. Condoleezza Rice, National Security Advisor
 LD
ca
PEARL HARBOR ATTACK
<L
0_

HEARINGS
BEFOItE TIM S

JOINT COMMITTEE ON THE INVESTIGATION

OF THE PEABL HABBOR ATTACK
CONGRESS OF THE UNITED STATES
SEVENTY-NINTH CONGRESS
FIBST SESSION

PURSUANT TO

LJ
i—i S. Con. Res. 27
O 79th Congress
A CONCURRENT RESOLUTION AUTHORIZING AN
INVESTIGATION OP THE ATTACK ON PEARL
HARBOR ON DECEMBER 7, 1941. AND
EVENTS AND CIRCUMSTANCES
RELATING THKRETO

PART 1
NOVEMBEfi 1C, 10,17, in, 20, aod 21, IMS

Printed for the use of the

Joint Committee on the Investigation of the Pearl Harbor Attack

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^-_ UNITED STATUS
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ca GOVKBNMENT P&INTIMO OFFICE
WA8HLNOTON : 1946
 NAMSS 07 WITNESSES iw AM, PROCEEDINGS REGARDING THE PEABL HARBOR ATTACK—Continued
JolDC Joint
Joint Joint Joint Committee Committee Joint
Committee Joint Commute* Committee ErhlbltNo. ZxblbltKo. Committed Joint
Etblbit No. Commit te« ExUblc No. Exhibit No H7 ExblMt No. Con(N9>li>rjal
143 EiWblt No. lit 14« (Cl»rk» 148 HB Committee,
Wifaw 114 (Army Peart (Claucon
(Navy Court loTestlgacion. InvutlintloD, (Hewitt NOT. is, leii,
(Robots S»rt Inquiry, Inquiry,
of Inquiry, Sept. 14 to Now. aTlSM,
OonuBluIon,
Dec. 18. 1841, Feb. 13 to
June If, 19MJ
Harbor Board,
July 20 to JulySt to 1«. IBM: July to Sept. 12, May 14 to toY«Ksl-
to Jan. 23,1042.) Oat. 20, IftM) Oct. 19. 1M4) 13 to Aug. 1WS) July 1J, IMo)
4.1MJ)

fata Ptgt» Pa«« Pat" Vol. J>IV« Pa«r«

Kriok Harold D Capt USN 555^5560
1
1146-1156
Tana, r^initt ft Ph w/n 103
Larkin, C. A,, Lt. Col....... 1156-1171
541—553
Laswell, Alv» B., Col. USMC --_
4^32 26GS-2695
T nvi-nn TTclwin T C'tLTtt TTSN" 1068-1095 214-225 3028-3067 904-818 107-112 182-292 4829-4909
kT*«.Hv WiTliftTW D Anm 341-368
363-367
1161 1185
T.If all fl P" 1272—1285
Locey, Frank H 2787-2802
Lockard, Joseph L., Lt., USA 1014-1034 828-643
—^. . _ 1678-1694
3226-3250
Lyman, W. T.,Xt., USN SOO-504
Lynch, Paul J 2362-2374
734-740 140^142
ISO
1793-1805 2-54 852-885 21»-222 1049-1439,
T. S. 2-52, 1499-1541,
192-226 5175-5200
Margton Morrill W Col 3126-3152 102
320-852, 1816-1913
1648-
1659

Martin, H. M-, Comdr ,. 1206-1212

Martin, Howard W., Capt., USA 227 228
Martin, John M. . 2821-2353
Mason, Redfield, Capt., UBN,.. 68-79
Mayfleld, Irving H-, Cap*., USN 1089-1068 308-313 558-575
MoBriarty, Raymond F., Pvt_, 490-495
MeCarthy. WillJam J., Col 442-452 1918-1928
McCollum, Arthur N., Capt., USN 10-42 3381-3448
MoCormlct, L. 15., Rear A dm 66-73
McCreft, John, Capt., USN- . 273-278
McDonald, Joseph P., T/4 4152-4163
McKee, John L., Brig. Gen 56-90 .
McKee, Robert Eugene - . 2398-2425
MoKenney, Margaret 57-58
McMorrls, C. H., Rear Adm _.. S43-8S4 233-249 2866-2893 886-602 293-334
Meurlott, Byron M., Maj 1574-1578 3918-3925 98
Midkiff, Frank E.-- „ 2803-2832
MidkifT. John H. _ 2833-2846
Miles, Sherman, Maj. Gen. .. „ _. 91-132F j 214-216 776-982
1360-1375.
1541-1583
Minkler, Rex W., Col 217-218
Mollison, James A., Brig. Gen 790-882
Moody, George H , 3184-3180
Murphy, Vincent R., Capt., USN 195-204
Murray, Allan A., Lt. Comdf- . 433-441
Murray, Maxwell, Maj. Gen- 259^268 3075-3104
Newton, J. H., Vice Adm— -_ -. - 314-323
Nlmita C • W Adm - - 947 948
Noyea, Leigh, Rear Adm ..'...„ 1026-1051 153-167 4710-4792
Nutae, Howard B-. Lt. Col 3996—1012
O'DeiJ Robert H Lt., USA 4504—4514 1
Osmun, Rusaell A., Brig. Gen 133-142
Outcrbridze, William W., Capt., USN 87-96
Parker, Maurice G. -- , 3775-37B5
Fefley, Al/red R., Mftj. ,. 1687-1594
Perlng, Alfred V., Lt. Comdr 812-815 148
Periiter, Slfflon »••--. 3695-3719
Petrie. Lester ._- 1367-1367 2708-2721