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9/11 Classified Information

[DRAFT: 7/15/2004,

KEY REMAINING ISSUES REGARDING


[SECOND] DRAFT OF 9-11 COMMISSION REPORT

Notes:
1. This, document only addresses: (1) those significant classification and privilege issues
thai we believe must be resolved before we can authorize the publication of the
Commission's final report; and (2) material that has been added or edited by the
Commissioners following their review on July 14"'.
2. This document does not attempt to catalog all of the classification, Executive privilege,
or factual concerns the EOP has with the chapters submitted for pre-publication
review. Nor should these, or other, comments suggest that the Executive Branch
confirms the factual accuracy of any portion of the Report.
3. We also understand we will be given a meaningful opportunity to review, and raise
issues concerning, any revised versions of any materials intended for public release.
The Report will not be cleared by the Executive Branch until such meaningful review
is completed which, as we have done for the past three weeks, will be done as soon as
the final, publisher-ready report is made available to us, including, if necessary, over
the weekend. .

CHAPTER ONE (versibn "071104") , V.

^ > • p. 35, para 6: jgrnovereferences tQ_jpaciJSc_indiyiduals reayejstingCOOP/CQJ^


measuresMSee Staff Statement No. 17, p. 22; and chapter one, version "070204"]""^
• p. 66, fn 220: change Josh Bolten "ihtefview"To "meeting" [See Monheim letter to
\s dated November 21, 2003].

CHAPTER TWO (version c:Q71104")


alt A
\ p . 24, f h 3 3 : T
J[See e-mail from
Dylan Cors to Dan Marcus dated July 13, 2004J
'&
THREE (version "071204")

CHAPTER FOUR (version "071104")

p. 7, pai'a-3TTelete COst of CIA-operation


p. 18, para 5: delete date of MON; eliminate references to specific
p. 19, para 1: delete date of MON y/
p. 22, para 3: remove discussion of legal advice regarding assassination banxip [^ ^) ~"/?
p. 31, para 7: eliminate references to specific CA authority /V / /

*
9/11 C l a s s i f i e d Information

[DRAFT: 7/75/2

p. 36. fn 35:1
L
Dylan Cors to Dan Marcus dated July 13, 2004]
• Add December 4, 1998 PDB [See Kean & Hamilton letter to Judge Gori
12,2004]

\R FIVE (version "070904") •

• p. 1. para. 31

\, July 14, 2004]

CHAPtER SIX (version "071404")

>•A Several places: I

J
Mj p.p. 221, bottom of page, cite for February 2001 source is to October 2001 document.
; -- ^TThis may be a factual error and should be corrected
pi 232, para 3: on Clarke "not perceived as partisan": Neither Dr. Rice nor any other 7 /V*
EOF official that we're aware of ever mentioned that as a factor one way or the other.__( ^^
Shpuld be deleted or, at a minimum, not sourced to Dr. Rice.
P. 234, para 1: Report states that "the President" never responded directly to Clarke's
memorandum. Should note he never received Clarke's memorandum,
p. 235-236: Factual inconsistency: p. 235 states that, in early March, administration
"postponed" action on Northern Alliance and Uzbeks, but, two paras later, states that /I/^T)
Deps fnet on these issues on March 7 ("early" March by anyone's definition) and next " ^
page indicates decisions made in April.
p. 239, para 4: Factual inconsistency "CIA had developed" w/Commission's own
conclusion, on p244, that NSC staff asked for these authorities to be developed^
p. 242, middle of page on June 2001 NSPD draft:f 1

ige I
p. 246, middle of page, I
• p. 248, para 5: Rice "had been advised by her staff." " 'were Clarke and
Cressey. Should be noted.
• P248-49: Commission appe^rfrto^have lefkinall "richly deliberative," person-
specific statements excepfTenet. EitRemfois shouJjtgedjaeKTtTor, as we requested,
more should be taken out.

CHAPTER SEVEN (version "071404")

pp. 48-49, fn 103,r

9/11 Closed by S t a t u t e
[DRAFT: 7/15/2004]

CHAPTER EIGHT (version "074304")

p. 2, and following: Need to clarify that the domestic reports cited as being
discussed by CSG were not brought for action to more senior officials.
P. 3, para 2: "Reports similar to these": With new Commission edits, this is now
inaccurate, as immediately preceding example(s) include domestic reports never
brought to President. v^^ ^_____^
P. 7, para 2: As edited by cXn^fesTefiers-descrtption of origin of 8/6/01 PDB is
misleading and inaccurate. DCIls-ietfer, respon<lmg4p Commissioner's question
should be quoted directly^orTncluded.
p. 7, para 3: As edited by Commissioners, para_3, on President Bush's statement is
inaccurate. He did not say the PDB recounted "what al Qaeda was doing, which he
had known since he become President." He said he had known that alQ wanted to,
attack the US since he had become President.
p. 22, fn2, change description of PDB review to include "well over SOO^relevant yam * ,
articles. Also, note Chair/Vice Chair's editorial explaining that Commission haxLhad /
all the access it needed to carry out its responsibilities. Statement that "White House
declined to permit.... ''isjrnsj^ading^^Mpre accurate formulation would
HCommissIBrrand WhtEeTlouse agreed thaf>
p. 23, fn 21: delete erfonerrus citatiorrto^Fresident/Vice President meeting
p. 24 , fn23, misleading as fails to note that Dr. Rice asked CIA to brief the A(J, as
materials cited by Commission make clear.
P. 26, fn54: inaccurate as describes FISA accuracy issues as (eaagmagy rather than
"dating from 2000."

CHAPTER NINE

• [A WAITING FROM COMMISSION; BILL LEARY TO REVIEW]


lc^
CHAPTER TEN (version "071404")

p. 7, para 2: Last sentence is inaccurate if "his" refers to President; President was not
briefed on Infinite Resolve options prior to 9/1 Ijif this refers to Franks, then make

5, para l: escription of covert action authority must be modified, as discussed


, as follows: "Shortly thereafter, President Bush authorized broad new
authorises for CIA." ^^M^ <? ^
5ara4: Statement "It a4aed a determination..." is inaccurate. That
determination was in every draft of the NSPD, as demonstrated again to Commission
staff earlier this week during their re-review of documents.

p. 12, fn 1: revised fn 1 seriously misstates the record. At a minimum: (1) change


"their witnesses" to "the Intelligence Division witness"; (2) delete "there had been no
[DRAFT: 7/15/2004]

anonymous threat received by the White House" and (3) add "Deborah Loewer
meeting (February 6, 2004)" if sourcing WHSR Director
[p. 13, fn 8: delete sentences 2-3 regardingDEFCON in air threat conference
p. 20, fn52: remove title of NSC memo cD fC
p. 21, fn 65, statement that "Rice told us.." is inaccurate.

CHAPTER ELEVEN (version "070904")

[A WAITING REVISED VERSION FROM COMMISSION]

• [p. 14, para 6: remove reference to sources & methods]

CHAPTER TWELVE

• [A WAITING FROM COMMISSION; BILL LEARY TO REVIEW]

CHAPTER THIRTEEN

• [A WAITING FROM COMMISSION; BILL LEARY TO REVIEW]

[DEPARTMENT & AGENCY COMMENTS ???]