Appeal Request

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0005389188
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IPPUB U
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20
Document Creation Date: 
June 24, 2015
Document Release Date: 
March 11, 2011
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Case Number: 
F-2010-01608
Publication Date: 
May 1, 2009
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NAT'L SECURITY ARCHIVE ? CIA R 006/024 (b)(6) The National Security Archive The George Washington University Gelman Library, Suite 701 2130 H Street, N.W. Washington, O.C. 20037 Delores M. Nelson Information and Privacy Coordinator Central Intelligence Agency Washington DC 20505 Re: Appeal for F'-2007-00110 / Archive #20061949CIA310 Dear Ms. Nelson: Phone: 202.994,7045 Fax; 202.994,7005 foladesk?gwu,edu http;//www.nsarchive.org l writing on behalf of Thomas Blanton, director of the National Security Archive, This letter constitutes an administrative appeal in accordance with the Freedom of Information Act (FOIA), 5 USC Sec. 552, of the Central Intelligence Agency (CIA) response to a FOIA request submitted October 16, 2006, asking for documents related in whole or in part to then CIA Director George Tenet's meeting with then National Security Advisor Condoleezza Rice on July 10, 2001 (Attachment 1). The CIA's response letter of March 11, 2009, said that the Agency considers responsive records properly classified in full under FOIA exemptions (b)(1), (b)(3), and (b)(5) (Attachment 2). First, I would like to call the Panel's attention to the fact that information regarding the July 10, 2001 meeting between George Tenet and Condoleezza Rice has been made publicly available. In October 2006, both the Washington Post and the New York Times described the meeting, including the general substance of that meeting (Attachments 3 and 4), which has also been described in Bob Woodward's book, State qfDenial, Bush at War Part III. Previously classified records about terrorist threats in 2001 have already been declassified and made available to the public, and I have enclosed one such document-a January 2001 National Security Council memorandum to Condoleezza Rice (Attachment 5), This document provides significant factual detail, and the release of this document in 2004 did not cause harm to national security, It follows, therefore, that releasing materials about this July 2001 meeting will not cause harm to national security now, almost 8 years after September 11, 2001-the threat that was most likely the subject of the meeting. An independent non-governmental research institute and library located at the George Washington University, the Archive collects and publishes declassified documents obtained through the Freedom of Information Act. Publication royalties and tax deductible contributions through The Nannnai Qe ,,ate I also question the application of Exemption (b)(5) to documents related to this meeting, for several reasons. First, according to reports, there was no attorney present at the meeting, and therefore, the information cannot fall under any kind of attorney or work product privilege. Second, the meeting did not result in a policy decision. In fact, one complaint has been levied against Rice that she did not respond to the wings by Tenet from this meeting or other meetings. Therefore, records related to this meeting should not be withheld on the basis of being "predecisional" as there was no decision made, no policy pursued. Finally, the meeting involved factual information (the imminent terrorist threat) in addition to recommendations about policy, and I urge the Agency Release Panel to make this distinction. At this time, I would like to take this opportunity to remind the Agency Release Panel that the Freedom of Information Act mandates that an agency must release portions of a record that are not exempt if those nonexempt portions are "reasonably segregable." This particularly applies to the factual information that was relayed in the meeting between Tenet and Rice. I urge the Panel to fully execute this requirement, as mandated by law, and reconsider the withholding of this document, As you review my appeal, please consider the recent Memorandum on the Freedom of Information Act issued by President Barack Obama on January 21, 2009, which directs all agencies to "adopt a presumption in favor of disclosure" and apply this presumption "to all decisions involving FOIA_" President Obama also makes clear that "[t]he Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears." Pursuant to this directive, I ask that you consider whether the information withheld in response to my FOIA request should be released in light of the new presumption of disclosure. Thank you for your attention to this matter. Attachment 1 0420/2009 14:56 FAX 202 994 7005 NAT'L SECURITY ARCHIVE d CIA J009/024 to-lh e Ag=y Mr. Thomas Blanton The National Security Archive Gelman Library, Suite 701 2130 H Sweet Washington, D.C. 20037 Reference: F-2007-001 I S / Archive ##20061949CL,310 Dear Mr. Blanton: This is a final response to your 16 October 2006 Freedom of Information Act (FOIA) request for all documents relating in whole or in part to then CIA Director George Tenet's meeting with then National Security Advisor Condoleezza Rice on 10 July 2001, We Processed your request in accordance with the FOIA, 5 U.S.C. ? 552, as amended, and the CIA Information Act, 50 U.S.C, ? 431, as amended, our processing included a search for records as described in our 25 July 2007 acceptance letter existing through the date of that letter. We completed a thorough search for records responsive to your request and located material which we determined is properly classified and must be denied in its entirety on the basis of FOIA exemptions (b)(1), (b)(3), and (b)(5). CIA Information and Privacy Coordinator Delores M. Nelson made this decision, which you may appeal to the Agency Release Panel, in my care, within 45 days from the date of this letter. Please include the basis of your appeal, Delores M. Nelson Information and Privacy Coordinator 20061949CIA310 RECN0:34851 CIA SEQC0R:146065 as,'meentau, Tftaynsty 04!28(2009 1457 FAX 202 994 7005 HAT'L SECURITY ARCHIVE i CIA Attachment 2 The National Security Archive The George Washington University Gelman Library, suite 701 Phone; 202/994-7000 2130 H Street, H,W, Fax: 202/994-7005 Washington, D.C. 20037 nsarchlv@gwu.edu Scott A, Koch Information and Privacy Coordinator Central Intelligence Agency Was on, DC 20505 Re: Request under the FOIA, in reply refer to Archiv 200619490 10 pursuant to the Freedom of Information Act (POIA), I hereby request the ing, A/1 docaanseaee, including but not limited to cables, le rs an oranda, briefangpapers, transcripts, summaries, notes, "his, reports, dr , and intelligence documents relating in whole or In part to then CIA Director George Tenet's meeting avitla then National Secaray Advisor Condoleewa Rice on ..tally 10, 2001. This meeting is cited in Bob Woo d's book State of Denial, wash at War Part M. It is also cited in an October 2, .2 006, New York pies Article, "Records Show Tenet Briefed Rice on Al redo Threat, ' by Philip Shenon ands ark M eedi as well as an October 3, 2006, Washington Post article, "Tenet Recalled Warning Rice." by Dan Eggen and Robin Wright I've attached copies of both articles for your reference. If you regard any of these documents as poten y exempt from the FOLA,'s disclosure reo ergo a Ana e nonethelaq, t ^ s at L As the . , O k requires, please release all reasonably seg?egable non exempt portions of documents. To permit me to reach an intelligent and informed decision whether or not to Me an administrative appeal of any denied material, please describe any withheld records (or portions thereof) and 1 basis for your exemption claims, p As a representative of the news media, the National Security status 5 U.S.C. See. 552(a)(4)(A)(ii)(11) End, therefore, may rayanooc be qualities charged search for s rein review fees. (See nr " . National Security Archive v. U.S. Department ?fDefense, 880 F.2d 1381 ().C. Cir. 1989), cart denied, 110 0 S fee S 0t. 1478 7$ (1990)). This request is made as part of a scholarly and news research project that is intended for publication and is not for commercial use. For details on the Archive's research and irsaral ve.org, extensive publication activities please see our website at www.li To expedite the release of the requested documents, please disclose them on an interim basis as they become available to you, without waiting until all the documents have been processed. Please notify me before incurring costs over S 100. If you have any questions rear ding any photocopying 0 the identity of the records, their location, the scope of the request or any other matters, please call me at (202) 994-7000 or cmQ response within the twenty day statutory time period, me at fo" ait~o edu, I look forward to receiving Your Sincerely yo Thomas S. Blanton Executive Director Attachment 3 U4/ Ut2009 1457 FAX 202 994 7005 NAT'L SECURITY ARCHIVE Records Show Tenet Briefed Rice on Al Qaeda Threat ? New York Times c Xetu Dark Cho r f?,,: : .et[ iri October 2, 2006 Records Show Tenet Briefed Rice on Al Qaeda ? Threat By 2 T SHE d JIDDA, Saudi Arabia, Oct, 2 - A review of White House records has determined that lmd, then the director of central intelligence, did brief Condol e2aa 12'a and other top officials on July lo, 2001, about the looming threat from ALQaeda, a State Department spokesman said Monday. The account by Sean McCormack came hours after Ms. Rice, the secretary of state, told reporters aboard her airplane that she did not recall the specific meeting on July 10, 20d1, noting that she had met repeatedly with Mr. Tenet that summer about terrorist threats. Rice, the national security adviser at the time, said it was "incomprehensible" she ignored AT& dire terrorist threats two months before the Sept. ii attacks, Mr. McCormack also said records show that the Sept, ii commission was informed about the meeting, a fact that former intelligence officials and members of the commission confirmed on Monday. When details of the meeting emerged last week in a new book by Bob Woodward of The Washington post, Bush administration officials questioned Mr. Wood rd's reporting, Now, after several days, both current and former Bush administration officials have confirmed parts of Mr. Wood ward's account. Officials now agree that on July 10, 2001, Mr. Tenet and his counterterrorism deputy, J. Cofer Black, were so alarmed about an impending Al Qaeda attack that they demanded emergency meeting at the White House with Ms, ice and her National See, o ,n 9 staff. According to two former intelligence officials, Mr. Tenet told those assembled at the White House about the growing body of intelligence the Central Tntehl_iaenee en had collected pointing to an impending Al Qaeda attack. But both current and former officials took issue with Mr, Wood rd's account that Mr. Tenet and his aides left the meeting in tration, feeling as if Ms. Rice had ignored them. Records Show Tenet Briefed Rice on Al Qaeda Threat - New York Times Page 2 of 3 Mr. Tenet told members of the Sept. sx commission about the July to meeting when they interviewed him in early 2004, but committee members said the former C.I_A, director never indicated he had left the White House with the impression that he had been ignored. "Tenet never told us that he was brushed off," said Richard Ben$Teniste, a Democratic member of the commission, "We certainly would have followed that up," Mr. McCormack said the records showed that, far from ignoring Mr. Tenet's warnings, Ms. Rice acted on the intelligence and requested that Mr. Tenet make the same presentation to Defense Secretary Donald 1T I~cl and Atttorney General J_ghn AsI ro4 . But Mr. Ashcroft said by telephone on Monday evening that he never received a briefing that summer from Mr. Tenet, " Frankly, I'm disappointed that I didn't get that kind of briefing," he said. "I'm surprised he didn't think it was important enough to come by and tell me," The dispute that has played out in recent days gives further evidence of escalating battle between the White House and Mr. Tenet over who should take the blame for such mistakes the failure to stop the Sept, a attacks and assertions by Bush administration officials that stockpiling chemical and biological weapons and cultivating ties to Al Mr. Tenet resigned as director of central intelligence in the s mer of 2004 and was honored that December with a Presidential Medal of Freedom during a White House ceremony. Since leaving the C.I.A., Mr. Tenet has stayed out of the public eye, largely declining to defend his record at the C.I.A. even after several government investigations have assailed the faulty intelligence that helped build the case for the Iraq war. Mr. Tenet is now completing work on a memoir that is scheduled to be published early next year. It is unclear how muchMr, Tenet will use the book to settle old scores, although recent books have portrayed Mr. Tenet both as dubious about the need for the Iraq war and angry that the White House has made the C.I.A. the primary scapegoat for the wax. In his book "The One Percent Doctrine," the journalist and author Ron Sus ' d quotes Mr. Tenet's former deputy at the C?I?A., John McLaughlin, saying that Mr. Tenet "wishes he could give that damn medal back." Records Show Tenet Briefed Rice on Al Qaeda Tbreat m New York Times Page 3 of 3 In his own book Mr. Woodward wrote that over time Mr. Tenet developed a particular dislike for Ms. Rice, and that the former C.I.A. director was furious when she publicly blamed the agency for allowing President Bush to make the false claim in the 2003 State of the Union dress that Saddam Hussein was pursuing nuclear materials in Niger. "If the C.LA., the Director of National Intelligence, had said ` e this out of the speech,' it would have been gone, without question," Ms. Rice told reporters in July 2003. In fact, the C.I.A. had told the White House months before that the Niger intelligence was bogus and had managed to keep the claim out of an October 2002 speech that President Bush gave in Cincinnati. More recently, Mr. Tenet has told friends that he was particularly angry when, appearing recently on Sunday talk shows, both Ms. Rice and Vice President Dick her, gv cited Mr. Tenet by name as the reason that Bush administration officials asserted that Mr. Hussein had stockpiles of banned weapons in Iraq and ties to Al Qaeda. Mr. Cheney recalled during appearance on "Meet the Press" on Sept. io of this year: "George Tenet sat in the Oval Office and the president of the United States asked him directly, he said, `George, how good is the case against Saddarn on weapons of mass de ction?' the director of the C.I.A. said, `It's a slam dunk, Mr. President, it's a slam dunk.' " Philip Shenon reported from Jidda, SaudiArabia, and lWark M zetti from Washington, Pelv~ew Palkv J ._ ' ~ I ~e? . v.?. I lR 0 (wnrte ray R;?e ~ P httP:// .n i es.comJ2006/101021was ? gtonl03ricecnd h ?ei-5088 aa=5b272a2b.:. Attachment 4 Tenet Recalled Warning Rice - w gtonpost.corn 5i n Tenet Recalled Warning ice Former CIA Chief Told 9/11 Commission of Disputed Meeting By Dan Eggen and Robin Wright wasbington Post Staff Writers Tuesday, October 3, 2006; A03 Former CIA director George Tenet told the 9/11 Commission that he had warned of imminent threat from al-Qaeda in a July 2001 meeting with Condoleezza Rice, adding that he believed Rice took the warning seriously, according to a transcript of the interview and the recollection of a commissioner who was there. Tenet's statements to the commission in January 2004 corrinot the outlines of event in a new book by Washington Post Assistant Managing Editor Bob Woodward that has been disputed by some Bush administration officials, But the testimony also is at odds with Woodward's depiction of Tenet and former CIA counterterrorism chief J. Cofer Black as being frustrated that "they were not getting through to Rice" after the July 10, 2001, meeting. Rice angrily rejected those assertions yesterday, saying that it was "incomprehensible" that she would have ignored such explicit intelligence from senior CIA officials and that she received no warning at the meeting of an attack within the United States. Rice acknowledged that the White House was receiving a "steady stream of quite alarmist reports of potential attacks" during that period, but said the targets were assumed to bean the Middle East, including Saudi Arabia, Yemen, Israel and Jordan, "What I quite certain of, however, is that I would remember if I was told -- as this account apparently says -- that there was about to be attack in the United States," Rice said. "The idea that I would somehow have ignored that I find incomprehensible." The meeting has become the focus of a fierce and often confusing round of finger.poiuting involving Rice, the White House and the 9/11 Commission, all of whom dispatched staffers to the National Archives and other locations yesterday in attempts to sort out what had occurred, Members of the co ssion -- independent, bipartisan panel created by Congress to investigate the Sept. 11, 2001, terror attacks -- have said for days that they were not told about the July 10 meeting and were at being left out. As recently as yesterday afternoon, both commission chairman omas H. Kean and vice chairman Lee Hamilton said they believed the panel had not been told abot the July 10 meeting, But it turns out that the panel was, in fact, told about the meeting, according to the interview and Democratic commission member Richard Ben-Veniste, who sat in on the int transcript erview ort. with Tenet, The meeting was not identified by the July 10 date in the commission's best-selling rep http:// .eras . gtoupo$t,conV _dy,n/cont t/ 'cle/2006/10/02/AR20n Tenet Recalled Warning Rice - washingtonpost,com Rice added to the confusion yesterday by strongly suggesting that the meeting may never have occurred at all -- even though administration officials had conceded for several days Department spokesman said later that while the meeting de 'tely happened, at Rice and Tenet disputed Woodward's characterization of her response. "The briefing was a summary of the threat reporting from the previous weeks," State Department spokesman Sean McCormack told reporters navel' with nice in Jiddah, Saudi Arabia. "There. was nothing new." w s or perhaps month '?"r? anew were signs that there could be an al- da attack in s, that there would be multiple, simultaneous attacks caus' jor h an casualties, and that the focus would be US, targets, f a c i l i t i e s o r interests, But the intelligence sapoda focused almost entirely on the attacks occ overseas, Tenet told the co ission, S It was at this session that Tenet said "the system was blinking red," which became a chapter title in the co ssion report, according to the official who saw the transcript. According to three people present at the session, including Ben-Veniste, Tenet believed that Rice responded seriously to what she had been told. "We particularly questioned him about whether he had the sense that Dr. Rice and the others on the White House side understood the gravity of what he was telling th ," said Ben-Veniste, a former Watergate prosecutor. "He said that they believed that they did.... We asked him farther whether Dr. Rice just an impression." J shrugged this off, and he said he did not have such Tenet gave testimony about the July 2001 meeting with Rice at his Langley 28, 2004, occasionally referring to charts and slides, Philip Zelikow, who at the time was the ce on Jan. co scion's executive director and now works for Rice, was present along with other orand ssion staff members, according to F3 -V 'ste and to a portion of the transcript, which was read to The Washington Post by official with access to it. At one point in the lengthy session, Tenet recalled a briefing he was given on July 10 by Black st , according to the transcript. He said the information ation was so important that he quickly called for as car and telephoned Rice to arrange for a White House meeting g to share what he had just learned, according to the transcript and Ben-V `ste. e A east rovide the same e al john D. Ashcroft. briefing to fence Se et Donald H. Rumsfeld and then T3.5. Attorney Gen 17, he said. McCormack was unable to explain why Rice felt the briefing should repeate fit did not include new material. Ashcroft said in an interview yesterday that he was never briefed by Tenet or Black about an imminicat domestic threat. "I didn't get called on by Black or Tenet if they were going around doing such briefings," Ashcroft said. "If in fact they were making visits to craphasize the severity of the domestic threat, I'm a little disappointed they didn't bring that'' ation to my attention." Neither Black nor Tenet has made any public comments about the assertions in Woodward's book. Woodward declined yesterday to corm ,t in a--1 Despite this, McCormack said Rice d 4k,4 oatenU 'cle/2006/10/02/ 0051002001$7_... 10/17/200 Tenet Recalled Warning Rice - washingtonpoet,com Page 3 of 3 Ben.Veniste`s comments seem to contradict his own remarks over the weekend to the New York Times, in which he said that "the meeting was never mentioned to us." -Veniste said yesterday that there was confusion between two different meetings and that the meeting described by Tenet is different in character from the one portrayed by Woodward. Zelikow, who now works as one of Rice's closest aides as a State Department counselor, did not respond to a request for comment yesterday. He told the New York Times that none of the co ission`s witnesses had drawn attention to a July 10 meeting or had outlined the type of confrontation with Rice described by Woodward, In comments to reporters, Rice also denied that she had endorsed ousting R feld at the and of Bush's fist t lth a h a rm, oug she said she did tell President Bush that he might want to consider ch entire foreign policy team. "I did tell the president at one point that I thought maybe all of us should go, because we had fought two wars and had the largest terrorist attack in American history," Rice said. "When he asked me to be secretary of state, I said I think maybe you need new people. I don't know if that was somehow interpreted, but what I was actually ? i about was me." Wright reported from Shannon, Ireland, and Jiddah, Saudi Arabia. Staff writer Walter Pincus contributed to this report. sae ay Q?agi? r nogl~~heckwue 0 2006 The Washington Post Company Running an online store? Loam how to proms Ue1160000ns for bee ahockoutgoogle.mmisell http;//-~ .washmgtonpost cd e/ Attachment 5 :ATIONAL SECURITY COUNCIL WRSP9tNC7~M, D.c. 2?5?a SNFDR TION MEMO DIBM FOR CONDOLEEZZA RICE +tJLr1AKp A. CLARKE Presidential Policy nI ltiative/Review Qida Network - The Al. reviews or initiacivas,w~Npropose major Presidential policy level review we eswo[1yz need such a Principals on the al Qida netwnrb 7vst .some Terrorist Grow 7 s _eA?b wl organizations limits the scope of Support friendly Arab regimes can give to a range of US As we noted in our briefings for you, al Qida is 6oC some narrow- little terrorist issue that needs Co be included in broader broad regional policy. Rather, several of our regional need to address centrally to the US and our interests the the Cra,! Qidagnet challenge proceeding with separate policy csed v reviews t al Qida Central Asia, the By CCC, North Africa, etc. we ws would dealina for a comprehensive multi-regional policydegttately with the need on a1 Qida. a1? Qida is the active- organized, major force that is using a distorted version of Islam as its vehicle to achieve two goals; to drive the US out of the Muslim world, forcing the withdrawal of our military and economic presence in countries from Morocco to Indonesia; --to moderate, modern, west in countries with theocracies modeled alongetherlii s of theltm Taliban, a.2 Qida affects centrally our policies on Pakistan, Afghanistan Central Asia, North Africa and~the GCC. Leaders i,n Saudi Arabia see a r o,4.4? -- v I Reason. ss,, ?asu A. Clarke NSC DECIFI TIONlo5td) REVIEW (x6) [E ?,LZ>35Ep ed From: Multiple sources sastates by State and CIA? respo-Third, when and how does the Administration choose to respond to the attack on the tTSS Cole. That decision is obviously complex, We can make some decisions, such as the those above, now without yet coming to grips with the harder decision about the Cole, on the Cole, we should take advantage of the policy that we ,will respond at a time, place, and manner of Our Own choosing' and not be forced into knee jerk responses. policies, including Iraq policy and the peace process- We would make a major error if we underestimated the challenge al 4ida poses, or over estimated the regimes al Qida threatens. stability of the moderate, friendly pendin Time Sensitive Cetfsioaas At the close of the Clinton Administration, two decisions about al Qi da were deferred to the Bush Administration, wuAa we tOvide the Af snare han Northern All Iante assistance to mainrmiw 11 "I rlg}ating resumes after thejwInter thawor action this Spraing when . The al sse Brigade, which has been a key fighting force for the Taliban, would then ethreaten freed tosend its personnel elsewhere, where they would likely g interests. For any assistance to get there in time to effect the Spring fighting, a decision is needed now. allow them aaaUU6Q a increase assistance to Uzbekistan to to deal with the al ids! IlNC] tkrP~o-a Three Other issues awaiting addressal now area "First; what the new Administration says to the Taliban and Pakistan about the importance we attach to ending the al Qida sanctuary in Afghanistan. we are separately proposing early, strong messages to both. "Second, do we propose significant'program growth in the FyQ2 budget for anti-al Qida operations by czA and counter- terrorism training and as Ucl et-- Should we continue Into F u et-- Should we continue the funding State and CIA programs designed increases al Qida strategy, to implement the Q da propaganda, 3. FY02 a Attached is the year-end 2000 strategy on al Qida dev the last Administration to give to you. eloped by Also attached is the 1990 strategy, Neither was a "covert action onlyN Both incorporated diplomatic, economic , ry diplomacy and intelligence tools. Usingmtheilit2a000; Public r as r?background, we could prepare a decision paper/guide for a PC review. recommend that you have a Principals discussion of al Qtda soor~ and eddreass the following issues: Threat Ma Tlitude: Do the Principals agree that the al 4ida network poses a first order threat to Us interests in a number or regions, or is this analysis a 'chicken A over reaching and can we proceed without little major new initiatives and by handling this issue in a more routine manner? 2. Strategy; If it is a the existing strategy be isting stfit order issue, rastrengthened? how should Two elemental of the' existing strategy that have not been made to publworkic effectively information are to a) going after al Qida?s money and b) counter al t L:7 currences by, Mary McCarthy, Camp to the Northern glliancecand?totheSthobek?sp initiate funding Please let us know if you would like such a decision/discusijon paper or any modifications to the background paper. an Pried, Bruce Reidel, Don C 9 Attachment Tab A December 2000 Paper: strata from the Jihadist Networks of a gY for slimiasat the Threat 1-Qida: Status and Pros rospects ? Tab 2 September 1998 Paper: P01-Mu Plan for al-Aida -1-11110 +.Od rnx 202 984 7005 04/24/2009 17:07 FAX 202 994 7005 **$ TX REPORT ** TX/RX NO DESTINATION TEL DESTINATION ID ST. 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