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Dan Marcus

From: Dana Hyde

Sent: Sunday, April 18, 2004 1:51 PM
To: Dan Marcus
Cc: Steve Dunne; John Farmer
Subject: RE: CIA and FBI doc requests

Dan:

The requests seek two things: (1) logs from the day, and (2) tapes, transcripts or documents related to
teleconferences from the morning.

I will address each in turn, beginning with the latter. The second request is a modification of a "global" memo that
went out last September, seeking "tapes, transcripts, and/or documents recording or describing the content of
these conferences." (emphasis added). Levin sent an email back saying all responsive material had been
produced. Well, to my knowledge nothing related to the day of 9/11 was produced by FBI or CIA, so I take that to
mean they have nothing. In other words volume is not an issue - I believe we're dealing with a null set.

Having said that, I am uncomfortable leaving it at that for the following reasons: (1) this is important stuff;
contemporaneous documents from the morning are 100 times more useful than the recollection of witnesses 2+
years later; CIA and FBI were on the WH SVTS and the FAA hijack conference, and we are struggling to
understand what information and direction was conveyed in these conferences (2) the language of the September
request sought documents which "describe" the teleconference; we should have said "related to"; (3) we have no
certification process and Levin's email is vague.

Re the logs, they are neither voluminous nor difficult to retrieve. They are important for the reasons above.
Moreover, the focus is not just the NOIWON. The four interagency conferences the morning of 9/11 were the (1)
NOIWON (2) Air Threat Conference Call (3) WH SVTS, and (4) FAA "hijack conference" or "primary net." The
only one of these we understand is the ATCC. We are seeking data on the other three.

Finally, it's only April 18th -- how can we close up shop 3 1/2 months before our report is due, and 41/a months
before the Commission expires? These documents do not relate to a new line of inquiry - it's the same line of
inquiry that is at the core of our workplan. And why now? We've only being investigating these subjects - with
great resistance and minimal success (see "Status of WH Day of Investigation," email dated 3/2) - since January.
Prior to that my focus, and that of the team, was on the FAA/NORAD piece.

So those are my arguments. And if they don't work I will resort to a simple "pleeeeeeze." Dana

—Original Message—
From: Dan Marcus
Sent: Friday, April 16, 2004 4:46 PM
To: Dana Hyde
Cc: Steve Dunne
Subject: CIA and FBI doc requests

I am having second thoughts about your draft requests to CIA and FBI for operations center logs, tapes,
transcripts and other records from 9/11. It is likely to produce a lot of resistance and/or a lot of useless
material for you to wade through when you have more important things to do. If the main purpose is to
see if we can root out a tape or transcript of the NOIWON conference call, I don't think it's worth it. If
there are other reasons, maybe it is. I await your advice.

4/20/2004