SD B4 Port Authority Fdr- Entire Contents- Document Requests and Indexes, Letters and 1 Withdrawal Notice Re First Responder Statements

8/14/2019 SD B4 Port Authority Fdr- Entire Contents- Document Requests and Indexes, Letters and 1 Withdrawal Notice Re Fi

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August 1,2003

JAMES M. BEGLEYDEPUTY GENERAL COUNSEL225 PARK AVENUE SOUTH13TH FLOORNEW YORK. NY 10003(212) 435-3502FAX (212) 435-3534

James Farmer, Esq.Senior CounselJohn Azzarello, Esq.CounselNational Commission on Terrorist Attacks Upon the United States26 Federal Plaza - 13th FloorNew York, NY 10278Messrs. Farmer and Azzarello:I am enclosing in response to Document Request No. 1, the materials listed on theattached index. We have attempted to reference each item listed to a specific numberedrequestWe will continue our efforts to locate materials responsive to your request and willprovide the materials as we locate them.

Very truly yours,

James M.Deputy General Counsel

Enclosures


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Req.No.l-Fire Investigation Report of the National Fire Protection Association-Smoke Management Evaluation StudyofThe World Trade Center ComplexbyHughes Associates-The World Trade Center Fall 1995Emergency Procedures ManualReq. No. 2-The World Trade CenterEmergency Procedures Manual 2001

-The World Trade Center Fire Safety PlanRevised January 1999

-Two video tapes titled: WTC Tenant FireSafety (1996) & Port Authority/ FDNY WTC TrainingReq. No. 3-14 compact audio discs containing 9/11 radio transmissions with cover Memorandum of July 28,2003

explaining content and usage and attaching Logging Recorder/Index tape along letter of explanation.-Port Authority Police Handwritten ReportsOn Events of 9/11/01-Computer Aided Dispatched Reports for facility police response for CPD, PATH, JFK, EWR and LGAReq. No. 4-A Compact Video Disc of Briefings between9/11 and 9/20/01-Port Authority of NY & NJ Criminal Complaint Report-Port Authority Police Injury on Duty Reports Occurring on 9/11/01 --*--Injury OnDuty Reports Related To 9/11/01 RecoveryEfforts After 9/11/01


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JAMESM SEGLEVOtPUTY GcNERAi COUNSEL225 PARK AVENUE SOUTHI3TH FLOORNEW YORK, NY10003(212) 135-3502FAX (212) 435-3584August 13, 2003

James Farmer, Esq.Senior CounselJohn Azzarello, Esq.CounselNational Commission on Terrorist Attacks Upon the United States26 Federal Plaza - 13th FloorNew York, NY 10278Messrs. Farmer and Azzarello:I am enclosing the Port Authority's first supplement production of documents in responseto your office's Document Request No. 1.The documents are described on the attached listing and we have indicated whichdocuments on it we believe should be treated as confidential, Most of the materials inthis group relate to the 1993 bombing of the World Trade Center and our original copieswere in most cases lost on 9/11/01. We have reproduced these materials from scannedfiles. The scanning was done for different purposes and therefore, some documents werenot scanned in their entirety and others were linked, although they were not whenoriginally created.We will continue our efforts to locate materials responsive to your request and willprovide additional materials as we locate them. - tw

Very truly yours,

'James M.Deputy General Counsel

Enclosures


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1. Observations of World Trade Center Damage- U.S. Army Corp ofEngineers -September 1993

2. Fire Safety Systems and Emergency Evacuation Report for Concourse Level,September, 1992 (Draft)

3. Miscellaneous World Trade Center Fire S afety Program Materials4. Documents entitled World Trade Center Explosion - 2/26/93 - Responding Units

and Personnel Sent to World Trade Center on 2/26/1993; and a Memorandum

entitled "Summary of WTC Bomb Incident" by James O'Neil, dated 3/10/935. List of Agencies that responded to World Trade Center Bombing6. Police Handwritten Reports (Confidential)I. Report of Captain Joseph Martella for 2/26/93 Bombing (Confidential)8. Central Police Desk Chrono of 2/26/939- World Trade Center Bombing - Mobile Command Post Chrono10. World Trade Center Police Incident History/Computerized Chrono ofEvents -

2/26/93II. Various Port Authority Police Memorandum on Bombing of 2/26/93 and*

Memorandum of Michael A. Scott to Anthony J. Barber, entitled PATH explosionat World Trade Center - 2/26/1993 (Confidential)

12. U.S. Fire Administration World Trade Center Bombing Report and Analysis


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WITH D R A W A L N O T I C ERG: 148Box: 00002 Folder: 0004 Document: 2Series: Steve Dunne FilesCopies: 1 Pages: 1

ACCESS RESTRICTEDThe item identified below has been withdrawn from this file:

Folder Title: Port AuthorityDocument Date: 12-08-2003Document Type: LetterSpecial Media:From: James M. BegleyTo: Sam Casperson

Subject: statements from four first responders

In the review of this file this item was removed because access to it isrestricted. Restrictions on records in the National Archives are stated ingeneral and specific record group restriction statements which are availablefor examination.

NND: 321Withdrawn: 06-23-2008 by:

RETRIEVAL #: 321 00002 0004 2System DocID: 2906

$ & 7 g & ? ^ ~ ^ r


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Thomas H - KeanCHAIR

Lee H. HamiltonV I C E C H M R

Richard Bcn-VenistcMaxGekndFred F. FieldingJamie S. GorelickSlide GononJohn LehmanTimothyJ. RoomerJames R. Thompson

Philip D. ZdikowE X E C U T I V E D IRECTOR .

FAX COVER SHEET

Date: /Si /Number of pages (including cover sheet): /

26 Federal Plaza, Suite 13-100New York, NY 10278T: 212-264-1505F; 212-264-1595

www.9-1 lcommission.gov


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October 23,2003

JAMES MD E P U T Y GENERA- COUNSEL8 8 5 P A R K AVENUE SOUTHI3TH FLOORNEW YORK, NV10003(21$ 435-3502FAX (12) 4 3 5 - 3 5 8 4

Daniel M arcus, Esq.General CounselNational Commission on Terrorist Attacks Upon the United States26 Federal Plaza- 13* FloorNew York, NY 10278Re: Port Authority Document Request No. 2; Port Authority InterviewRequest No. 1; Port A uthority Briefing Request No. 1Dear Mr. Marcus i

Thank you for your letter today in follow-up with our discussion on October 21st.As the TSA has now given us permission to provide Sensitive Security Inform ation to theCommission's staff under a Non-Disclosure Agreement ,we will make the material,which we have gathered under Document Request Number 2., available to M r. Brmkleytomorrow when he interviews the Airport's General Manager and does his walk-throughof Terminal A. I attach as Index A the SSI materials, which the TSA has agreed may beprovided. Index B is a List o f materials provide by Port Authority Newark Airport PoliceCommand. Index C lists material that we consider privileged,which w e interpret asbeing covered by the Document Request. As I advised we are discussing with TSAproviding our proprietary, privileged information to TSA, such as that listed in Index Cfor various non-aviation facilities under an MOU, w hich is still in draft. As I advised, wewill be meeting w ith TSA's Newark and JFKIA counsel next Friday to discuss providingthis type of proprietary and privileged aviation security information to it under an M OU.The information will almost surely be considered SSI by TSA. Based on your letter wewill share that inform ation with M r. Brinkley orally, if it is in fact information he isseeking.

Thank you for your courtesies and consideration in this matter.

Very truly yours,

James M. BegleDeputy General Counsel212-435-3502


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INDEX ADocument Request Number 2:

Document: Civil Aviation Security - Information CircularSubj ect: Man-Portable Air Defense System (MAKPADS) Threat to Civil AviationNumber: IC-2001-10Date: July 12,2001Document: Civil Aviation Security - Information CircularSubject: Possible Terrorist Threat Against American CitizensNumber: IC-2001-09Date: July 2, 2001Document: Civil Aviation Security - Information CircularSubject: Violence Increases in IsraelNumber: IC-2001-07Date: June 4,2001Document: Civil Aviation Security- Information CircularSubject: Ressam's Plot Against Los Angeles International AirportNumber: IC-2001-IC-06Date: June 4,2001

Document: Civil Aviation SecuritySubject: Additional Security ProceduresNumber; EA107-00-01CDate: January 24,2001Document: Civil Aviation Security - Information CircularSubject: Bombs Explode in Metro-ManilaNumber: IC-2001-02Date: January 9,2001Document: Civil Aviation Security - Information CircularSubject: Middle Eastern Threats to Civil AviationNumber: IC-2001-01Date: January 4, 2001Document: Civil Aviation Security - Information CircularSubj ect: Middle Eastern GroupMay be Planning to Bomb AircraftNumber: IC-2000-10Date: November 29,2000


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-2-Document: Civil Aviation Security - Information CircularSubject: Potential Threats During the H oliday SeasonNumber: IC-2000-09Date: November 21,2000Document: Civil Aviation Security - Information CircularSubject: Disguised WeaponsNumber: IC-200M2Date: August 16, 2001Document: Civil Aviation Security - Information CircularSubject: Continued M iddle Eas tern Th reats to Civil AviationNumber: IC-2001-04ADate: My31,2001Document: Civil Aviation SecuritySubject: Ad ditional Security P roceduresNumber: EA107-00-01DDate: July 27, 2001Docum ent: Civil Aviation Security - Information CircularSubj ect: Possible T errorist T hreat - Arabian PeninsulaNumber: IC-2001-11Date: July 18,2001Document: MemorandumSubject: ACT ION: Airport Security MeasuresFrom: Acting Director, Civil Aviation Security Operations, ACO-1U.S. Department ofTransportation, Federal Aviation AdministrationDate: July 13, 2001Docum ent: Civil Aviation Security - Information CircularSubject: Possible Terrorist T hreat Against American CitizensNumber: IC-2001-08Date: June 22, 2001Subject: SECTION IX - AVIATION SECURITY CONT INGENCY PLA N(AVSECPLAN)


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INDEX BDocument Request Number 2;

Subject: Newark Liberty International Airport Bomb ThreatsDate: 1998Subject; Newark Liberty International Airport Bomb ThreatsDate: 1999Subject: Newark Liberty International Airport Bomb ThreatsDate: 2000Subject: Newark Liberty International Airport Bomb ThreatsDate: 2001


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INDEX CDocument Request Number 2:

Subject: Draft Security Review of "The Port Authority Facilities" by KrollAssociates, Inc,Date: October 3,2001

Subject: Draft Airport Aeronautical Area Security Site Review by Kroll Associates,Inc.

Date: April 12,2001Subject: Draft Physical Security Survey and Assessment by Kroll Associates, Inc.Date: March 28, 2002


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H. Kean

Hamilton

Ben-Venisteax Cleland

F. FieldingS. OorelickGorton

F. LehmanJ. Roemer

R. Thompson

D. Zelikow

October 23 , 2003

James M. Begley, Esq.Deputy General CounselThe Port Authority of New York/New Jersey225 Park Avenue South13 th FloorNew York, New York 10003Dear Mr. Begley:I understand that you have concerns, in connection with our staffs visit toNewark Airport and their interviews of airport officials this Friday, aboutdisclosure to the Commission of sensitive airport security informa tion that hasnot yet been officially classified as SSI. Following up on our telephoneconversation of this morning, I am writing to assure you: (1) once suchinformation is classified as SSI, we will treat it as such, just as we have allother SSI we have received from TSA, the airlines, and others;(2) in the meantime we will nor publicly disclose any airport securityinformation designated as sensitive during our visit to and interviews atNewark Airport; and (3) in preparing our final public report, we will take carenot only to comply with ou r obligations as to SSI, bu t also to take great care inmaking use of any other security inform ation designated by New ark Airportofficials as sensitive.Sincerely,S -/Daniel Marcus'General Counsel

30 1 7 lh Street SW, Room 5125Washington, DC 20407T 202.331.4060 F 202.296.5545www.9-llcommission.gov


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August 1, 2003

J A M E S M . B E G L E YD E P U T Y G E N E R A L C O U N S E L2 2 5 P A R K A V E N U E S O U T H13TH FLOORNEW VORK, NY 10003( 2 1 2 ) 435-3502F A X (212) 435-3584

James Fanner, Esq.Senior CounselJohn Azzarello, Esq.CounselNational Commission on Terrorist Attacks Upon the United States26 Federal Plaza - 13 th FloorNew York, NY 10278Messrs. Farmer and Azzarello:I am enclosing in response to Document Request No. 1, the materials listed on theattached index. We have attempted to reference each item listed to a specific numberedrequest.We will continueour efforts to locate materials responsive to your request and willprovide the materials as we locate them.

Very truly yours,

James M. BegDeputy General Counsel

Enclosures


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4 ; 1 0 P M 9-11 C O M M I S S I O N N O . 0 1 7 9 " P . 1 0

Req.No.l-Fire Investigation Report of the NationalFire Protection Association-Smoke Management Evaluation Study ofThe World Trade Center Complex byHughes Associates- T h e World Trade Center Fall 1995Emergency Procedures Manual

R e q . No. 2-The World Trade CenterEmergency Procedures Manual 2001

-The World Trade Center Fire Safety PlanRevised January 1999- T w o video tapes titled: WTC Tenant FireSafety (1996) & Port Authority/ FDNY WTCTraining

Req. No, 3-14 compact audio discs containing 9/11 radio transmissions with cover Memorandum of July 28, 2003explaining content and usage and attaching Logging Recorder/Index tape along letter of explanation.

-Port Authority Police Handwritten ReportsOn Events of 9/11/01-Computer Aided Dispatched Reports for facility police response for CPD, PATH, JFK, EWR and LGAR e q . No. 4-A Compact Video Disc of Briefings between 9/11 and 9/20/01-Port Authorityof NY & NJ Criminal Complaint Report-Port Authority Police Injury on Duty Reports Occurring on 9/11/01 ->--Injury OnDuty Reports RelatedTo9/11/01 RecoveryEfforts After 9/11/01


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August I , 2003

JAMESM EEGLEVDEPUTY GENERAL COUNSEL225 PARK AVENUE SOUTH13TH FLOORNEW YORK, NV10003(212)435-3502FAX (212) 435-3564

James Farmer, Esq.Senior CounselJohn Azzarello, Esq.CounselNational Commission on Terrorist Attacks Upon the United States26Federal Plaza - 13th FloorNew York, NY 10278Messrs. Farmer and Azzarello:I am enclosing in response to Document Request No. 1, the materials listed on theattached index. Wehave attempted to reference each item listed to a specific numberedrequest.Wewill continue our efforts to locate materials responsive to your request and willprovide the materials as we locate them.

Very truly yours,

James M.Be|Deputy General Counsel

Enclosures


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Req. No.l-Fire Investigation Report of theNational Fire Protection Association-Smoke Management Evaluation Study ofTh e World Trade Center Complex by Hughes Associates-The World Trade Center Fall 1995Emergency Procedures ManualReq. No. 2-The World Trade CenterEmergency Procedures Manual 2001-The World Trade Center Fire Safety PlanRevised January 1999-Two video tapes titled: W TC Tenant FireSafety (1996) & Port Authority/ FDNY W TC TrainingReq. No. 3-14 compact audio discs containing 9/11 radio transmissions with cover Memorandum ofJuly 28,2003explaining content and usage and attaching Logging Recorder/Index tape along letter of explanation.-Port Authority Police Handwritten ReportsOn Events of 9/11/01-Computer Aided Dispatched Reports for facility police response for CPD, PATH, JFK, EWR and LGAReq. No. 4-A Compact Video Disc of Briefings between 9/11 and 9/20/01-Port Authority of NY & NJ Criminal Complaint Report-Port Authority Police Injury on Duty Reports Occurring on 9/11/01-Injury On Duty Reports Related To 9/11/01 Recovery Efforts After 9/11/01


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H. Kean

C H A I R

Ben-VenisteCleland

F. FieldingS . Gorelick

F. LehmanJ . Roemer

R. Thompson

D . Zel ikowD I R E C T O R

Ju ly 30, 2003James M . Begley, E sq.Deputy General CounselT he Port Authority of New York/New Jersey225 Park Avenue South13 th floorNew York, New York 10003Dear Mr. Begley:I am writing in response to your July 18 letter to John Azzarello and to reflectthe telephone discussions we have had. You raised three concerns in yourJuly 18 letter.As to the first, we understand you r concern abou t pu blic release of taperecordings of radio communications on September 11. You have ourassurance that we will not publicly release such tape recordings, in whole or inpart.Second, based o n my discussions w ith you , we anticipate that there will belittle, if any, material responsive to our requests as to which y ou havepotential privilege concerns of the kind outlined in your letter. W e haveagreed that, should you identify an y such material during the production, wewill discuss yo ur privilege concerns with you . As I have emphasized,however, we expect to have access to all such documents, although we will bewilling to discuss special arrangements, such as providing you w ith priornotice, if we decide to refer to any such document in our public report.Third, I told you that we do not have on our staff an y building or constructionexperts. We are unlikely to retain such an expert as a consultant. But if wedo, we will cond ition the retention of that expert on his or her agreement notto testify as an expert in any private litigation related to the 9/11 attack on theWorld T rade C enter.

30 1 7'1' Street SW, Room 5125W a s h i n g t o n , DC 20407T 202.331 .4060 F 202.296 .5545www.9 -1 l co inmi s s ion .gov


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W e understand that th e Port Autho rity will begin its document production inthe next fe w days, and we look forward to continuing to work with you on thismatter.Sincerely.

Janiel MarcusGeneral Counselcc: James Farmer, Esq.John Azzarello, Esq.Jeffrey S. Green, Esq.


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1 3 = 5 5 PflNYNJ 2124353584 P.01THE PORT AUTHORITY OFNEW YORK AND NEW JERSEY225 PARK AVENUE SOUTH13FLOORNEW YORK. NEW YORK 10003 IP'WfcHi'.v;.'3;MuV:

.'A"if"H'ii,i"!,vi'"*i ' r t t V '

To: Daniel Marcus, Esq.General Counsel

Fax: (202) 296-5545

From: James Begley, Deputy GeneralCounsel

Date: July 18, 2003

Re: Pages: 4 including cover sheet

CC:

4^>' \ ' . r a A n i f r . DForRavtew DPlease Comment DPlease Raply DPlease RecycleTeSSe see attached letter.

This message is intended only for the use of the indiv idual o r entity to wh i ch ii is addressed, and may conta in inforrnationthat i s pr iv i leged, co nfiden t ia l , and exempt from disclosure under appl icable law. If the reader of this message i s not Ih ein tended recipient, o r th e employee o r agent responsible fo r del ivering th e message to the in tended rec ipient , you arehereby not i f ied t h a t N Y dissemina t ion, dis t r ibut ion, or copying o f Ihis communicat ion in error, please n o t i f y usimmediately by te lephon e and retu rn the orig inal message to us a t the above address v ia th e U.S, Postal Service. Thanky o u .P l e a s e no t e : T h e fan A u t h o r i t y o f N e w Y o r k a n d N e w J e r se y a n d P O T T A u t h o r i t y T r a n s - H u d s o n C o r p o r a t i o n d o n o t a c c e p ts e rv i c e s b y f ax .


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THEPORTAUTHORITY

July 18, 2003

John Azzarello, Esq.CounselNational Commission on Terrorist Attacks Upon the United States301 7th St., SW-Room5125Washington, DC 20407

JAMESMSEGlEYDEPUTY GENERAL COUNSEL225 PARK AVENUE SOUTHI3TH FLOORNEW YORK, NY 10003(12) 43S-3S02FAX (212)435-3564

Re: National Commission on Terrorist Attacks Upon the United States -Port Authority Document Request No. 1Dear Mr. Azzarello:

I am writing in follow-up to our most recent discussions of last week and to yourrequest that I set forth the matters of concern to the Port Authority. As I mentioned wehave begun the process of identifying materials responsive to the above referencedrequest, under the direction of the Port Authority's Claims Manager, Mr. Karl Lunan, andwe anticipate that we will begin providing you documents shortly.

When Sam Casperson and you met with our General Counsel Jeffrey S. Greenand me on June 13, 2003, Mr. Green indicated that the Port Authority would fullycooperate with the Commission's investigation and requested that a ConfidentialityAgreement be entered into in anticipation that you would be requestingconfidential/privileged and/or sensitive information. As I have explained to you, the PortAuthority has a Confidentiality Agreement in place with the National Institute ofStandards and Technology in connection with its extensive investigation into the eventsof 9/11/01 and it has been provided extensive documents by the Port Authority, We havealso had on-going discussions with other federal entities to finalize agreements relating tothe exchange of sensitive information.

Last week you questioned the need for such an agreement and indicated that thedocuments would not be available through F.O.I. requests to the Commission. As Iindicated, our concern does not relate to F.O.I, requests, which to our understanding afederal entity cannot avoid by simply entering into a Non-Disclosure Agreement. Rather,as I explained, our concerns primarily relate to preventing disclosure in other forums bypreserving the integrity of privileged materials, as well as that of other sensitivematerials, such as those regarding privacy rights. For instance, in the case of materialsraising sensitive privacy concerns, your request seeks radio communication recordingsand transcripts for 9/11. As I explained /the tape recordings are in the process of beingtranscribed and will be available shortly under the Port Authority's own F.O.I, policy. Ido no t believe the actual recordings will be released due to privacy concerns and wewould most likely resist producing them if requested to do so in a lawsuit. While I haveno problem having the recordings put in C.D. format an d provided to your office, as hasbeen ou r intent, I am concerned that doing so would undermine the privacy argument,


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John Azzarello,Esq. - 2 - July 18 , 2003unless there is an agreement in place documenting the exchange and recognizing that the ((H--integrity of their privacy isbeing preserved.

Similarly, and of particular concern to us, is the protection of confidential/privileged material, which is particularly problematic. As I explained, I believe that it isbeyond dispute that to simply provide privileged documents to a third party compromisesthe privilege forever. As an agency, the Port Authority has expended a greatdeal ofresources establishing that certain sensitivematerials enjgy aygSficinteTestprivllegjjjndshnul^ not he made public/lt ftasâjsojpgn^gêat deal of time in dialogue with federalagencies in thg-jeffo^rt-ôêrnpha&ize-that our concerns are not so much related to thematerials being compromised under F.O.I. Again, there as here,it has been in the contextof the materials being sought from the Port Authority in litigation, after it provides themto an entity like the Commission, that we have emphasized the necessity for takingappropriate action to preserve the privilege.

As I mentioned, there is still litigation pending from the 1993bombing of theWorld Trade Center, as well as in the litigation arising out of 9/11, where materialswe*view as enjoying such privilege have been sought. If an agreement is in place governingth e provision of such materials to the Commission and it expresses the intent to preservethe materials' privileged and confidential nature, it would do much to address ojconcerns. As I explained, I am not comfortable with the prospect of trying to advance anargument in the distant future that the exchangewas clearly meant to be consistent withpreserving the privilege, as it is most likely to be perceived as a self-serving afterthoughtand there will be nothing to support the assertion. And with all due respect, I don't thinkthat your off ice 's suggestion, that the Port Authority seek a court ruling at least withrespect to materials involving the 1993 bombing, really is a practical or feasibleapproach. It might even serve to create more significant problems.

In sum, I would ask that your off ice give further consideration to this issue, whichquite frankly, we did not expect to cause a problem.

The other two areas of concern which we've discussed are the use of theCommissions' work by p l a i n t i f f s in litigation and the possibility of those working on/forthe Commission later becoming expert witnesses or consultants to plaintiffs in 9/11related litigation. Regarding the former issue, you advised that it was not theCommissions' purpose or intent to be a resource for parties to such litigation and thatsubpoenas or other requests would be actively resisted. On the latter issue, I believe youindicated that you did not yet have an answer for it. ^-^


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T iUmOtanmK K 7 K MJohn Azzarello, Esq. * - 3 - July 18,2003

Please feel free to call me w ith respect to any of these issues that I have raised andI will in any event contact you when material is available in response to your firstrequest.

Very truly yours,

M.Deputy General Counsel

cc: James Fanner, Esq.Senior CounselDaniel Marcus, Esq.General CounselJeffrey S. Green, Esq.General Counsel

TQTflL P.04