For Immediate Release
March 30, 2004
Letter from Judge Alberto Gonzales
Thomas H. Kean, Chairman
Lee H. Hamilton, Vice Chairman
National Commission on Terrorist Attacks Upon the United States
301 7th Street, SW
Washington, D.C. 20407
Dear Chairman Kean and Vice Chairman Hamilton:
As we discussed last night, the President is prepared, subject to
the conditions set forth below, to agree to the request of the National
Commission on Terrorist Attacks Upon the United States for public
testimony, under oath, by the Assistant to the President for National
Security Affairs, Dr. Condoleezza Rice.
The President has consistently stated a policy of strong support
for the Commission and instructed the Executive Branch to provide
unprecedented and extraordinary access to the Commission. To my
knowledge, the Executive Branch has provided access to documents or
information in response to each of the requests issued by the
Commission to date, including many highly classified and extremely
sensitive documents that have seldom, if ever, been made available
outside the Executive Branch.
As an additional accommodation, the Executive Office of the
President has made available more than 20 EOP officials, including the
National Security Advisor, for private meetings with the Commission. As
you know, based on principles underlying the Constitutional separation
of powers, Presidents of both parties have long taken the position that
White House advisors and staff are not subject to the jurisdiction of
legislative bodies and do not provide testimony - even on a voluntary
basis - on policy matters discussed within the White House or advice
given to the President. Indeed, I am not aware of any instance of a
sitting National Security Advisor testifying in public to a
legislative body (such as the Commission) concerning policy matters.
We continue to believe, as I advised yo u by letter dated March 25,
2004, that the principles underlying the Constitutional separation of
powers counsel strongly against such public testimony, and that Dr.
Rice's testimony before the Commission can occur only with recognition
that the events of September 11, 2001 present the most extraordinary
and unique circumstances, and with conditions and assurances designed
to limit harm to the ability of future Presidents to receive candid
advice.
Nevertheless, the President recognizes the truly unique and
extraordinary circumstances underlying the Commission's responsibility
to prepare a detailed report on the facts and circumstances of the
horrific attacks on September 11, 2001. Furthermore, we have now
received assurances from the Speaker of the House and the Majority
Leader of the Senate that, in their view, Dr. Rice's public testimony
in connection with the extraordinary events of September 11, 2001 does
not set, and should not be cited as, a precedent for future requests
for a National Security Advisor or any other White House official to
testify before a legislative body. In light of the unique nature of the
Commission and these additional assurances, the President has
determined that, although he retains the legal authority to decline to
make Dr. Rice available to testify in public, he will agree, as a
matter of comity and subject to the conditions set forth below, to the
Commission's request for Dr. Rice to testify publicly regarding matters
within the Commission's statutory mandate.
The necessary conditions are as follows. First, the Commission must
agree in writing that Dr. Rice's testimony before the Commission does
not set any precedent for future Commission requests, or requests in
any other context, for testimony by a National Security Advisor or any
other White House official.
Second, the Commission must agree in writing that it will not
request additional public testimony from any White House official,
including Dr. Rice. The National Security Advisor is uniquely situated
to provide the Commission with information necessary to fulfill its
statutory mandate. Indeed, it is for this reason that Dr. Rice
privately met with the Commission for more than four hours on February
7, fully answered every question posed to her, and offered additional
private meetings as necessary. Despite the fact that the Commission
will therefore have access to all information of which Dr. Rice is
aware, the Commission has nevertheless urged that public confidence in
the work of the Commission would be enhanced by Dr. Rice appearing
publicly before the Commission. Other White House officials with
information relevant to the Commission's inquiry do not come within the
scope of the Commission's rationale for seeking public testimony from
Dr. Rice. These officials will continue to provide the Commission with
information through private meetings, briefings, and documents,
consistent with our previous practice.
I greatly appreciate the strong support you expressed to me last
night for an agreement to the conditions on which we are proposing this
extraordinary accommodation and your commitment to strongly advocate
for the full support of the Commission. If the Commission accepts the
terms of this agreement, I hope that we can schedule a time as soon as
possible for such a public appearance by Dr. Rice. I want to reiterate
once again, however, that Dr. Rice would be made available to the
Commission with due regard for the Constitutional separation of powers
and reserving all legal authorities, privileges, and objections that
may apply, including with respect to other governmental entities or
private parties.
I would also like to take this occasion to offer an accommodation
on another issue on which we have not yet reached an agreement -
Commission access to the President and Vice President. I am authorized
to advise you that the President and Vice President have agreed to one
joint private session with all 10 Commissioners, with one Commission
staff member present to take notes of the session.
I look forward to continuing to work with the Commission to help it
obtain the information it needs to fulfill its statutory mandate.
Sincerely,
Alberto R. Gonzales
Counsel to the President
|