SK B1 Family Liaison Fdr- Questions From the Family Steering Committee for 5-1-03 Briefing and Draft Commission Response 535

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D R A F T

April 30, 2003

To: Tom & LeeFrom: Chris KojmRe: Suggested answers to questions posed by family representatives.

The following twelve questions were provided by the Family Steering Committee in preparationfor this Thursday's meeting. Suggested answers appear in boldface.

1) Have all of the required staff members been hired? Yes, nearly all staff has been hired.Our total staff will number 53, plus 8 consultants.Can you foresee the need for more members to be hired? We can foresee the need for a fewadditional individuals (perhaps 2 or 3) with specialized talents to assist the existing teams.Was money an issue in your decision making process as for the number and quality of staffmembers hired? Yes, our overall budget request ($14million) has been driven by theproposed staffing pattern. Our policy has been to match salaries for all staff coming onboard (within government salary caps), so that they will decide to stop whatever they aredoing to take on this assignment.

2) hi an effort to keep family members fully informed about the commission and its work, we arerequesting the biographies of all staff members for posting on our web-site. Additionally,wewould also like to post the areas that each commissioner and staff member is assigned to andresponsible for.

We will post staff biographies on the web site. We will also post the names of key staff andthe names of teams and team leaders.

3) Have you selected or hired a family liaison? The family steering committee believes that BobMonetti, of the Pan Am 103 families, and would be a qualified individual for the position.

We were very close on a family liaison candidate who dropped out at the last minute.Nonetheless, we are very far along and expect to name a person or persons shortly.


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4) Has everyone on the commission and staff received their clearances? If not, who has notreceived their clearance and why? When can we anticipate that everyone will have received hisor her clearances?All Commissioners have received their Top Secret Codeword clearances. 15 staff has theirfull Top Secret Codeword clearances; an additional 21 are very close to completion; 13 arein process, and 3 are just beginning. The clearance process within the US governmentruns an average of 6 to 8 months; we are getting staff cleared in about a month's time.While clearances always take longer than one wants, we are doing very well within thecontext of the USG.

5) What progress have the commissioners and staff members made in the investigation of theCIA, FBI, NSA, FAA, INS, NORAD, Transportation Department, Treasury Department,Congressional oversight, Executive Branch, Port Authority, City of New York, and Diplomacy?At CIA and FBI, our staff has already visited and are beginning the process of reviewingdocumentsAt NSA, Homeland Security (including INS components), Defense (including NORAD),State (diplomacy), Transportation and Treasury, we have met with designated points ofcontact and established working relationships. In coordination with the White House, weexpect to submit document requests and begin reviewing documents at these agencieswithin the next two weeks.We expect to begin a process of review of congressional oversight at our next publichearing, within the month.We have begun, as you know, interacting with the City of New York and the PortAuthority. We will have our New York City office up and running around the middle ofMay and the investigation will proceed from that point forward.

6) What is the process that the commission will be following with regard to the different areas ofinvestigation? For example, how are you determining what specific information and particularindividuals to investigate?As you know, we have 9 work teams. These teams will do most of the investigative work ofthe Commission staff. Each team is submitting work plans for Commission reviewoutlining key questions, key areas of document requests, and key individuals to interview.The Commissioners guide and shape these work plans. As of today, the Commission hasreviewed 5 of 9 work plans.Additionally, who on the commission will be determining and writing the line of questioning forpotential witnesses, given that not all commissioners have an investigative background?


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We have highly capable Commissioners. In addition, we have a highly capable staff. Wehave a strong representation of attorneys, former congressional staffers, and seniorindividuals with Executive branch experience who have either testified or prepared seniorofficials for testimony. We are confident that we will have a strong investigation.

7) What interviews, if any, have been conducted thus far? What interviews are scheduled?Interviews require careful preparation, and we will be scheduling extensive interviews assoon as the teams are ready to do so.What information have yo u requested?We are and will be requesting extensive document requests across the entire breadth of theCommission's mandate.W as there a need for a subpoena?We have not filed subpoenas yet. With the Executive branch, our record on cooperation ingetting the information we need has been "so far, so good." But we understand that thetoughest questions are still ahead of us, and there may be rough patches. We believe wewill get the information we need.What materials have been studied (reports, articles, books, etc.)?Our staff, as step one, has done an exhaustive review of all the open literature in theirrespective areas of responsibility.Have staff members been assigned required reading? Yes.What specifically are those readings?Those readings are the staff summaries of the Joint Inquiry, Joint Inquiry hearings, and --as staff clearances become available -- the Joint Inquiry report and relevant interviewreports.

8) Will everyone have the same level of security clearance? If not, what is the varying levels ofclearance for each Commissioner and how will that affects their ability to be a Commissioner? Ifvarying levels of clearance exist, will that interfere with the breakdown in investigativeassignments, as well as, the commission members' abilities to avoid any potential conflicts ofinterest?Our goal is to have all Commissioners and staff at the same level of clearance Top SecretCodeword. Access by staff to individual sensitive highly classified compartments will be ona need-to-know basis.

9) What is the process that yo u have developed for handling any potential conflicts of interest?


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All Commissioners have filed, or in one case will soon file, financial disclosure statementswith the Senate Ethics Committee. These statements are matters of public record, andnumerous press articles have been written about the Commissioners' disclosure statements.

All staff earning more than $102,000 must file financial disclosure statements within 30days of employment, and have done so. These statements, too, are a matter of publicrecord.In connection with both Commissioners and staff, we have been in detailed and sometimesdaily contact with the staff of the Senate Ethics Committee. The Committee has given usmuch useful guidance that has had a direct impact on our hiring decisions.In addition, we have asked all staff to file with our General Counsel statements aboutpossible financial or other conflicts of interest.Who in particular on the commission and staff has potential conflicts of interest, according toyour records? What are they specifically?Our General Counsel and the Senate Ethics Committee have provided much usefulguidance so that Commissioners and staff can avoid such conflicts of interest.

10) Have you received the complete Joint Intelligence Committee's Report? If not, when are youscheduled to receive it?All Commissioners and all cleared staff now have access to the Joint Inquiry ReportWho or what are the 13 outstanding subpoenasfrom the JIC? Have you requestedanysubpoenas of your own thus far? Have you run into any potential roadblocks with regard toreceiving information orcooperation?

Phil, Dan -- What do we know about the 13 subpoenas?

11) When is Eleanor Hill scheduled to brief you on the JIC's findings?Eleanor Hill briefed the Commission in March on the Joint Inquiry's report.Specifically, what do you consider as "unfinished business"by the JIC?There is much unfinished business in areas that the Joint Inquiry wanted to investigate --foreign policy, visa issuance, aviation security, congressional oversight, the story of theconspiracy itself. The Joint Inquiry's perception of its unfinished business directlyinfluenced the creation of the Commission's mandate. We are required, by law, to lookinto these areas of the Joint Inquiry's unfinished business.Will you be delving into those areas? Yes.


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Are there other subpoenas that should have been issued by the JIC but were not due to time orinformational constraints? ???What specific recommendations does Eleanor Hill have for the commission?Eleanor Hill and we are in general agreement about the Joint Inquiry's "unfinishedbusiness" and the task before us.12) Has the commission determined a rebuttal process? Specifically, during the opening hearingsin NYC, we heard witnesses give inaccurate statements to the commissioners. How can we makethe commission aware of those inaccuracies? Can or will you call witnesses to testify again?

We would welcome from you, and from all parties, information to correct the hearingrecord. We need your help to get the job done right, and please do not hesitate to providesuch information to us. We maywell seek to interview one or more of the witnesses again.


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Questions Provided by the Family Steering Committeefor the Briefing on May 1,20031) Have all of the required staff members been hired? Can you foresee the need for moremembers to be hired? Was m oney an issue in your decision making process as for thenumber and quality of staff members hired?2) In an effort to keep family members fully informed about the commission and itswork, we are requesting the biographies of all staff members for posting on our web-site.Additionally, we w ould also like to post the areas that each commissioner and staffmember is assigned to and responsible for.3) Have yo u selected or hired a family liaison? Th e family steering committee believesthat Bob Monetti, of the Pan Am 103 families, would be a qualified individual for theposition.4) Has everyone on the commission and staff received their clearances? If not, who hasnot received their clearance and why? When can we anticipate that everyone will havereceived his or her clearances?5) Wh at progress have the commissioners and staff members made in the investigation ofthe CIA, FBI, NSA, FAA, INS , NO RAD , Transportation Department, TreasuryDepartment, Congressional ov ersight, Executive Branch, Port A uthority, City of NewYork, and Diplomacy?6) W hat is the process tha t the commission will be following with regard to the differentareas of investigation? For example, how are you determining wha t specific informationand particular individu als to investigate? Additionally, who on the commission will bedetermining and w riting the line of questioning for potential witnesses, given that not allcommissioners have an investigative background ?7) What interviews, if any, have been conducted thus far? What interviews arescheduled? Wh at inform ation have you requested? W as there a need for a subpoena?What materials have been stud ied (reports, articles, books, etc.)? Have staff membersbeen assigned required reading? W hat specifically are those readings? W hat will yournext steps be?8) Will everyone have the same level of security clearance? If not, wh at are the varyinglevels of clearance for each C omm issioner and how w ill that affect their ability to be aCom missioner? If varyin g levels of clearance exist, will that interfere w ith the breakdownin investigative assignments, as well as, the commission members' abilities to avoid anypotential conflicts of interest?9) What is the process that yo u have developed fo r handling an y potential conflicts ofinterest? W ho in particular on the commission and staff has potential conflicts ofinterest, according to your records? What are they specifically?


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10) Have you received the com plete Joint Intelligence Comm ittee's Report? If not, whenare you schedu led to receive it? W ho or what are the 13 outstanding subpoenas from theJIC? Have you requested an y subpoenas of your ow n thus far? Have you run into an ypotential roadblock s with regard to receiving information or cooperation?11) W hen is Eleanor Hill scheduled to brief you on the JIC's findings? Specifically, whatdo you consider as "unfinished business" by the JIC? Will you be delving into thoseareas? Are there other subpoenas that should have been issued by the JIC but were no tdue to time or inform ational constraints? What specific recommendations does EleanorHill have for the commission?12 ) Has the commission determined a rebuttal process? Specifically, during the openinghearings in NYC, we heard witnesses give inaccurate statements to the commissioners.How can we make the commission aware of those inaccuracies? Can or will you callwitnesses to testify again?

Documents

SK B1 Family Liaison Fdr- Questions From the Family Steering Committee for 5-1-03 Briefing and Draft Commission Response 535