JUL-03-2003 18=29 General Counsel - FBI P.

02/03
u.C5. Lrepanmem 01 justice

Federal Bureau of Investigation

Office of (he General Counsel Washington, D.C. 205SS

July 3,2003

Daniel Marcus, General Counsel

National Commission on Terrorist Attacks Upon the United States
Suite 300
2100KStreet,N.W.
Washington, D.C. 20036

Dear Mr. Marcus:

I write in response to your Document Requests 5 and 7 issued to the Federal Bureau of
Investigation (FBI). We have assembled a vast amount of responsive material that can be
produced promptly upon the completion of a suitable nondisclosure agreement pursuant to the
government's obligations with respect to the prosecution of Zacarias Moussaoui in the Eastern
District of Virginia.

As you are aware, Mr. Moussaoui is facing capital charges related to his role in terrorist
activities directed towards the United States. Under various protective orders issued by the court
in this case, as well as the local rules governing cases in the Eastern District of Virginia, and
consistent with the responsibilities of the United States in providing Mr. Moussaoui with a fair
trial, it is necessary for the Department of Justice and the Commission to enter into an
appropriate nondisclosure agreement to prevent pretrial disclosure of Moussaoui-related
materials. We are currently in discussions with you on finalizing the terms of that agreement and
look forward to executing an agreement very soon.

Upon execution of the necessary agreement, the FBI is prepared to begin a rolling
production of substantial amounts of Moussaoui-related materials. In order to make the
information most accessible and easy for the Commission to use, we are prepared to produce this
material in an electronic, searchable format. As an additional convenience, the documents could
be turned over for use at the Commission's offices or at FBIHQ if the Commission prefers. We
plan to continue to supplement this production on an ongoing basis with additional responsive
materials.

The first installment of the rolling production, which could be completed upon execution
of the nondisclosure agreement, would include a substantial number of FBI 302's and
approximately 550 lab and evidence reports from the PENTTBOM file.
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Production of additional responsive Moussaoui-related materials will continue on an

ongoing basis. Production of materials subject to the nondisclosure agreement will be clearly
identified. Responsive materials not subject to the nondisclosure agreement will be produced
separately.

We believe the foregoing represents a significant benefit to the Commission and will go a
long way to providing it the information it needs to complete its important work — while at the
same time protecting Mr. Moussaoui's right to a fair trial. We remain committed to assisting the
Commission in its efforts and look forward to continuing our cooperative relationship in the
future.

*atrick M. O'Brien

TOTRL P.03