T5 B68 Congressional Materials Fdr- Entire Contents- Various Letters and Emails Re Saudi Flights 629

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    08/16/04 17:21 FAX

    Wasbington313Hart Senate OfficeBuildingWashington DC 20S100202)2244542(202)228-1218/foc

    Two Oreenway145Pine Lawn RoadMelvflleNY 11747(631)753 )978(631)753-0W>7/ax

    TO:OF:FAXFROM:PAGES:DATE:C O M M E N T S :

    O f f i c e of United States Senator

    CHARLES E. SCHUMERS B N A I O R F O S R N E W Y O R K S T A O EAlbanyRoom 420Leo O'Brien BuildingAlbany NY 12207(518)431-4070(518)43l-40767&xNew YorkSuite 1702737ThlrdAvenuoNwYmkNY 10017(212)436^430

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    BuffaloRoom 620111 West Huron StreetBufiMoNY 14202(716)846-4111(716)S46-4ll3/fw

    HodiomValleyR od HookNY 12571(914)235-9741(842)75S-1043/fix

    RochttUrRoom 3040100StateStreetRochester NY 14614(585)263-5856(585)263-3173/tot

    F A X T R A N S M I S S I O N

    SyracuseRoom 841100 South Clinton Street; P.O. Box7318SyracuasNY 13261-73Ig(315)423-5471

    |Inspector General Glen Fine[Department of JusticeU202) 514^4482ISenator Chartes E.Schumer13 In total106/16/04

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    J6 /16 /04 17:21 FAI 0002CHARLES E.SCHUMERNEWYORK

    SenateWASHINGTON, DC20510

    June 16,2004Inspector General Glen FineDepartment of Justice950 Pennsylvania Avenue, NWWashington, DC 20530Dear Inspector GeneralFine:

    Recent revelations concerninga previously unroportcd flight carrying Saudi nationals, possiblyincluding a member of the Saudi royal family, between Tampa, FL, and Lexington, KY, onSeptember 13, 2001, has brought into question previous Federal Bureau of Investigation (FBI)reports concerning such flights. I amwritingto urge you toconductanimmediateinvestigation intoany failure of the FBI to disclose information related to the existence of flights by citizens of SaudiArabia into and out ofthe United States immediately prior to andfollowing the eventsof September11,2001. In order to ensure thatanyremainingquestions about these flights' passengers and purposeare addressed, I also urge you to prepare a comprehensive report for submission to Congresscontaining all information relating tothe approval and conduct of domestic and international flightstransporting Saudi Arabian nationals inthe week prior to and following the terrorist attacks of9/11.

    It has recently been reported that a LearJct 35 aircraft carrying six individuals, including threeyoungSaudi Arabianmen,oneofwhom is speculated to be a memberofthe royal family,flew fromTampa to Lexington just two daysafter the terrorist attacks of September 11,2001hiorder to allowthe Saudis to board a flight from Lexington to London. These reports directly contradict the FBI'sversion of the events in which they claim that these individuals drove from Tampa to Lexington.It has also been reported that there is no manifest for the 9/13 flight and the Tampa InternationalAirport Police Department has said that its records indicate no member of its force screened theplane's passengers.

    I am troubled that such a flight could have been allowed to take place just two days after theterrorist attacks of 9/11, and it is absolutely essential mat the information regarding thecircumstances under which this flight was approved and why its existence was not previouslydisclosedarebrought to light. The failure of theFBI todisclose the existence of this reported flightalso raises thepossibility that previousFBIdisclosures regarding post 9/11 flights were incompleteand mat information regarding as of yet undisclosed flights and related matters may still exist.

    Revelations that the FBI did not fully disclose information directly related tosuch an importantand sensitive topic can only serve to heighten doubts about previous statements concerning theseflights and the fbrthrighmess of the federal government. In order to dispel these doubts allinformation regarding these flightsmustbe disclosed so that Congress and the American people canunderstand why these flights were allowed to proceed.

    BANKINGJUDICIARYRULES

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    Accordingly,largeyoutoprepareacomprehensive reportforCongresscontaining allpreviouslydisclosed flight information as well as any new information that may have not yet come to light.Inaddition,topassenger screeninginformation, manifests, anddestinations, thereport should includeadescription of who wasresponsiblefor approving theseflights, anexplanation for thefailure of theFBI to disclose the Tampa flight, andall existing information relating to these flights that has notpreviously been disclosed.

    Inordertogain acomplete comprehension ofthe terrorist attacksofSeptember11,2001,aswellas the events and decisions that took placeintheir aftermath, it is crucial to learn whythese flightswere allowed totakeplaceand whyinformationregarding these flights has been socloselyguarded.I thank you for your attention to this important matter.

    Sincerely,

    Charles E. SchuraerUnited States Senate

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    U.S. Department of Justice jfyfiffiOffice of the Inspector General

    July 2, 2004The Honorable Charles E. SchumerUnited States SenateWashington, D.C. 20510Dear Senator Schumer:

    The Off ice of the Inspector General (OIG) received your letter datedJune 16, 2004, asking the OIG to conduct an investigation into any failure bythe Federal Bureau of Investigation (FBI) to disclose the existence of flights bycitizens of Saudi Arabia into and out of the United States immediately prior toand following the events of September 11, 2001.

    We have carefully considered your request, but have decided not to openan investigation into this matter in light of the comprehensive review ongoingby the National Commission on Terrorist Attacks Upon the United States.Rather, we are forwarding your letter to the Commissionfor its considerationand review.Thank you for providing this information and request to the OIG. Pleasefee l free to contact Deputy Inspector General Paul Martin or me if you have anyfurther questions on this or any other matter.

    Sincerely,

    Glenn A. FineInspector Generalcc: PhilipD. Zelikow/Executive Director, National CommissiononTerrorist Attacks Upon the United States

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    JUN.18.2004 4:42PM N O . 0 4 1 P . 1/4

    Thomas a KeanCHAIR

    Lee H.HamiltonV1CB CHAIR

    Richard Ben-VcaiiteMuGdandEtedF. FieldingJamie S.GorelickSbdeGortoaJobs LehmanTimothyJ.RocmerJames R. Thompson

    FAX COVER SHEETTo:Fax#:

    Date:Number of pages (including cover sheet): ir~

    EXECUTIVE DIRECTOR

    T E L (202)331-4MOP A X (202) 296-5545

    www.9-1 Icoounis sioo.gov

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    :i8.2004-'3 4:42PM N O . 0 4 1 P.2/4Q1/003

    X; K '"S T A T E S

    Washington313 Han Senate O f f i c eBuildingWashington DC 20510(202)22 542(202)22S-1218/faxLoagInlandTwo Qreenway145 Pin o LawaRosdMelvn ieNY 1J747(631)753-0978

    O f f i c e o f United States S (CHARLES E. SCS E N A T O R F O * N E W Y O R K S T A T E

    Albany BincliamtonRoomBS BuflkloRoom620LCP OBricnBuildingAlbany NY 12207(518)431-4070

    Federal Office Building 111 WestHuron StreetBinghamionNY 13901 Bnffii loNY 14202(607)772-8109 (716)846-4111

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    RochesterRoom 3040100 State StreetRoehesterNY14614(585)263-5866(585)263-3173/fix

    F A X T R A N S M IS SIO N

    SyracuseRoomS41100 Sou4 CbntoE Street; P. 0. Box 7318Syracuse NY 13261-7318(?15) 423-5471

    To:OF:F A X :F R O M ;P A G E S :D A T E :

    [Thomas H. Kean and Lee H. HamiltonNational Commission onTerrorist Attacks1(202) 296-5545[Senator Charles E. Schumer13 in total106/16/04

    C O M M E N T S :

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    xiRLESESCHUMER COMMIT*NCWVORK B A N K I N G

    JUDICIARYU n i t e d States $m attWASHINGTON, DC 20510

    June 16,2004Thomas H. Kean Lee H. HamiltonChair Vice C h f l i rNational Commission on Terrorist Attacks National Com mission on Terrorist AttacksUpon the United States Upon theUnited States301 7*Street, SW 301 7 th Street, SWRoom 5125 Room 5125Washington, DC 20407 Washington, DC 20407

    Dear Chair K^an and Vice Chair Hamilton:I am writing to urge you to conduct an immediate investigation into the failure of theFederal Bureau of Investigation (FBI) to disclose all information related to flights talcen by

    citizens of Saudi Arabia into or out of the United States immediately leading up to and followingthe events of September 11,2001, Recent revelations by your Commission that the FBI failed tofully disclose informationregarding a reported flight between Tampa, FL, and Lexington, KY,carrying Saudi nationals on September 13,2001, raises serious questions regarding the accuracyand completeness of previous FBI reports. Accordingly, I urge the 9/11 Commission to seek fulldisclosure and reporting of all information related to any and all such pre and post-9/11 flights.

    It has recently been reported that in response to a request by the 9/11 Commission,TampaInternational Airport has released records indicating that a LcarJct 35 aircraft carryingsixindividuals, including three young Saudi Arabian men, one of whom is purported to be a m e m b e rof the royal femily> flew from Tampato Lexington just two days after the terrorist attacks ofSeptember 11,2001morder to allow meSaudis toboard a flight fromLexington to London. Ithas also been reported that there is no manifest for the 9/13 flight and the Tampa InternationalAirport Police Department has said that its records indicate no member of its force screened th eplane's passengers.

    The F3I has reportedly claimed that air restrictions forced the individuals in question todrive from Tampa to Lexington. This assertion is completely at odds with the discovery of thereported Tampa flight and an investigation is needed to ascertain exactly how this discrepancycame to exist and why the FBI did not fully disclose its flight information. In order to preventfuture failures to disclose mfbrmation critical to national securityit is essential that the rootcauses of this problem be identified and remedied

    I urge the 9/11 Commission to undertake an investigation to examine the fall volume ofFBI information regarding flights carrying Saudi Arabian nationals following the terrorist attackof September 11,2001, who approved these flights, what information was not adequatelydisclosed, who was responsible for directing disclosures, and remedies to prevent future

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    disclosure failures. It is m y strong belief that if necessary the 9/11 Commissioa should interviewany relevant FBI personnel or convene add itional proceedings, and should include the findings ofits investigation in its final report.Revelations tha t the FBI did not fully disclose information directly related to such an

    important and sensitive topic can only serve to heighten doubts concerning previous reportsabout these flights and the forthnghtness of the federal government In order to dispel thesedoubts all information regarding these flights must be disclosed so that Congress and theAmerican people can understand why these flights were allowed to proceed.

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    Dear Senator Boxer

    Thank you for your inquiry about th e Saudi flights that left th e United States afterthe 9/1 1 attacks. The Commiss ion has already placed considerable info rma tion about theSaudi flights into the public record as part of Staff Statement # 1 0, available on theCommission website, at www.9-1 lcommiss ion .gov . The pertinent excerpt from th eStaff Statement is attached.What the Commission did not know in Ap ril, 2004 at the t ime of the StaffStatement is how the decision about the Saudi flights was made . We now have furtherinformation/^ r4*rj> n-t

    " IPne Deputy Chief of Mission at the Saudi Embassy contacted the FBI concerningthe departure of me mb e rs of the Bin Ladin family from the United States. RichardClarke from the National Security C ouncil staff does not recall w ho brought the matter tohis attention, but he does recall tellingJhe_FBI that it needed tojcheck th e names ofthose.Saudis who wanted to depart. (JVhen the FBI hadcom pleted i ts check of names^mequestion w as brought before th e viHeoleleconference meeting of the interagencyCounterterrorism Security Group (CSG ), chaired by Richard Clarke. Clarke recalls thatth e decision approving the Saudi f lights was one in a flow "f ^indrf f fK if nilMJT5^s^nr lg.of decisions that the CSG made 4uringthe course of the first 72 hoursaftejJ?/rF^)The Commiss ion has no evidence that this decision was reviewed at any higherlevel of the U.S. go vernment, or that there was any contemporaneous know ledge of thisissue or decision at higher levels of governm ent.The Commission's investigation continues.Please feel free to contact m e on matters of mutual interest.With best regards,Lee Ham ilton

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    TOM DAVIS, VIRGINIA. HENRY A. WAXMAN, CALIFORNIA,CHAIRMAN RANKING MINORITY MEMBERD A N B U R T O N , IN D I A N A O NE HUNDRED E I GHTH CON GRESS TOM L A N T O S , C A L I F O R N I ACHRISTOPHER SHAYS, CONNECTICUT EDOLPHUS TOWNS NEWARK

    PAUL E KANJORSKi, PENNSYLVANIAiff'AvfWlffff

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    The Honorable John AshcroftFebruary 10, 2004Page 214.2 Another flew out of Logan Airport on September 18, 2001, with at least five bin Ladenfamily members on board.3 A third plane reportedly left Logan on September 19, taking at least11 additional bin Laden family members.4

    Remarkably, to facilitate their departure, some Saudi citizens reportedly were allowed theuse of a private jet during the time when the Federal Aviation Administration's post-September11 ban on private aviation was still in effect. For example, a former FBI agent and a formermember of the Tampa Police Department reportedly told Vanity Fair and the Tampa Tribune thatthey accompanied three Saudi men as bodyguards from Tampa, Florida, to Lexington, Kentucky,on a private jet on September 13.5 The FAA's ban on private aviation was not lifted untilSeptember 16, 2001 *

    According to some accounts, this frenetic effort to evacuate precluded in-depth FBIquestioning of the Saudi individuals leaving the country. In a recent Vanity Fair article, formerExecutive Assistant Director for Counterterrorism/Counterintelligence Dale Watson states that,before flying out of the United States, the bin Laden family members and other Saudi citizens"were not subject to serious interviews or interrogations."7 The article further said that"according to sources who participated in the repatriation, they [the repatriated Saudis] left theU.S. without even being interviewed by the FBI."8

    At least several members of the bin Laden family who had been in the United States mayhave been under examination by U.S. and other investigators.9 Vanity Fair reported that "secretFBI documents" describe a 1996 investigation of Abdullah and Omar bin Laden, who wereassociated with the American branch of the World Assembly of Muslim Youth, a charity thatallegedly was involved in supporting terrorism.10 These documents also reportedly show that

    2 Fearing Harm, Bin Laden Kin Fled from U.S.,New York Times (Sept. 30 , 2001).3 Saving the Saudis, supra note 1, at 179.4 Id.5 Id. at 162,164, 166; Phantom Flight from Florida, Tampa Tribune (Oct. 5, 2001).6 Debate Surrounds Federal Role for Air Security Workers, Buffalo News (Sept. 28,

    2001); Statement of Paul Hudson, Executive Director of the Aviation Consumer Action Project,before the Senate Commerce Committee and Aviation Subcommittee on Aviation Security,Federal Aviation Security Standards, Federal Document Clearing House (Sept. 20, 2001).

    7 Saving the Saudis, supra note 1, at 175.8 M at 164.9 Id. at 175, 176.10 Id.

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    The Honorable John AshcroftFebruary 10, 2004Page3"the file on Abdullah and Omar was reopened on September 19, 2001."n hi addition, VanityFair reported that Khalil bin Laden had come to the attention of Brazilian autho rities for"possible terrorist connections" and that he was on one of the post-September 11 evacuationflights out of the U.S.12

    The Administration to date has not publicly confirmed the identities of the evacuatedSaudi individuals. But regardless of whether any of those evacuated were under investigation,involved with the September 11 attacks, or estranged from Osama bin Laden, any competentcriminal investigation should have included thorough interviews with these individuals toascertain whether the y could provide any inform ation relevant to the attacks o r Al-Qaeda ingeneral.The public statements of former Administration officials and others involved with theevacuation contrast sharply with official Administration statements on this matter. For example:

    The Decision to Allow Evacuation. This fall, the former head of the National SecurityCouncil's Counterrorism Security Group Richard Clarke confirmed in Senate testimonythat the evacuation of these individuals was "a conscious decision with complete reviewat the highest levels of the State Department and the FB I and the White House."13 Inmedia accounts, how ever, both the FBI and the State Department have deniedinvolvement in facilitating flying the Saudi citizens out of the country.14 For example,Vanity Fair quoted FBI Spokesman John lannerelli as follows: "I can say unequivocallythat the FBI had no role in facilitating these flights one way or the other."15 The FBI's Interviews of Dep arting Saudis. Contrary to the statements of Mr. Watson thatthe FBI did not conduct meaningful interrogations of the evacuating Saudis, and of othersources that reportedly said no interviews took place, Mr. lannerelli stated, "We dideverything that needed to be done."16 Dates of Flights. W ith respect to the September 13 flight from Tampa to Lexington that aformer FBI agent and a former member of the Tampa Police Department claimed to have

    11 Mat 176.12 Id .13 Testimony of Richard Clarke, Senate Judiciary Committee, Hearing on Terrorism FirstResponders, FD CH Political Transcripts (Sept. 3, 2003).14 Saving the Saudis , supra note 1, at 166.15 Mat 175.16 White House Approved Departure of Saudis after Sept. 11, Ex-Aide Says , Ne w YorkTimes (Sept. 4, 2003).

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    TheHonorable John AshcroftFebruary 10, 2004Page 4

    taken with three Saudi men, the spokesman for the FAA denied that the flight took place,stating, "It's not in our logs It didn't occur."17 The FBI also has reportedly disputedsome media accounts of dates when flights containing Saudi citizens left the UnitedStates.18These conflicting explanations underscore that numerous questions regarding the post-

    September 11 evacuation of Saudis remain unresolved.Questions

    In the aftermath of the September 11 attacks, the Justice Department and FBI should havebeen integrally involved in any decision concerning individuals related to Osama bin Laden. Itherefore hope you can shed light on the unresolved questions regarding this incident.Specifically, I request that you respond to the following questions:(1) Who in the U.S. government made the decision to let relatives of Osama bin Ladenand other Saudi citizens leave the United States in the days immediately following

    September 11,2001?(2) Who contacted the U.S. government to request this evacuation and when and with

    whom was such contact made?(3) Who coordinated the transportation of relatives of Osama bin Laden and other Saudi

    citizens out of the United States in the days immediately following September 11,2001?

    (4) Were Abdullah and Omar bin Laden on any flight that was allowed to leave theUnited States between September 11, 2001, and September 20, 2001?

    (5) Provide the identity of all Saudi citizens who were allowed to leave the United Statesbetween September 11, 2001, and September 20, 2001.

    (6) Provide the dates and places of departure and arrival of any plane flights thattransported relatives of bin Laden and other Saudi citizens within the United Statesduring the FAA's post-September 11, 2001, ban on private aviation.(7) Provide the dates and places of departure and arrival of any plane flights that

    transported relatives of Osama bin Laden out of the United States between September11, 2001, and September 20, 2001.

    17 PhantomFlight from Florida, supra note 5.18 E.g., Saving the Saudis, supra note 1, at 175.

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    Th e Honorable John AshcroftFebruary 10, 2004PageS

    (8) With respect to each relative of Osama bin Laden who was transported out of theUnited States by plane flight between September 11, 2001, and September 20, 2001,state the date and length of time of any pre-evacuation FBI interview.(9) Has the FBI sought to interview any Saudi individuals who were evacuated from theUnited States between September 11, 2001, and September 20, 2001, and are now inSaudi A rabia or other countries? If so, how many such individuals has the FBI beenable to interview?(10) Did any officials within the FBI or Department of Justice raise concerns about theinterview process at the time of the evacuations of the Saudi citizens? If so, who inthe Departm ent of Justice or FBI addressed those conc erns and what was theresponse?

    I look forw ard to your responses to these questions.Sincerely,

    Henry A . WaxmanRanking Minority M ember

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    Page 1 of 1

    TomEldridgeFrom: Marquitt ia ColemanSent: Tuesday, May 18, 2004 2:39 PMTo: Tom EldridgeSubject: Congressional Telephone Call

    Hello Tom:I rec'd a call from Mr. Tom Costa w/the House Subcommittee on National Security re submittinginformation to the Commission concerning the immediate departure of Bin Ladin's family after the 9/11attacks on the US.M r. Costa mentioned that Congressman Shays was briefed on this matter in Nov and Dec. 2001 and wouldlike to provide information to us obtained from the briefing. If you are interested in speaking with Mr.Costa, please contact him on 202.225-2548. Please advise if this is not your issue.

    Marquittia CokmanStaff Assistant9/11 Commission202.296.5528

    5/18/2004

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    FW : FBI response to March 4 CSM article on bin Laden Page 1 of 1

    Tom EldridgeFrom: Costa, Tom [[email protected]]Sent: Tuesday, May 18, 2004 4:51PMTo: Tom EldridgeSubject: FW: FBI response to March 4 CSM article on bin Laden

    Email 1Original Message

    From: Costa, TomSent: Wednesday, May 01, 2002 5:16PMTo: Halloran, Larry; Shays, ChrisCc: Palarino, NicholasSubject: FBI response to March 4 CSM article on bin Laden

    Chris,Kevin F oust, Unit Chief of the FBI's Osama bin Laden unit, got back to m e on the M arch 4 ChristianScience Monitor article, "How bin Laden Got Away," that you asked him to take a look at during thebriefing he gave us on the bin Laden family.In a nutshell, he said we have no information that anything in the article is accurate. Th e article is based onhearsay from untrustworthy sources. He commented that he's surprised we haven 't seen a new video tapefrom bin Laden saying something to the effect of, "Ha ha, I'm live yo u evil Am ericans." He also said thatthey ar e searching very h ard fo r real evidence as to bin Laden's whereabouts an d whether he is dead or alive.Thanks again for the opportunity to ask questions during the hearing this afternoon.TomThomasM.CostaProfessional StaffSubcom mittee on N ational Security, Veterans Affairs & In ternational R elationsCommittee on Government ReformU.S. House of RepresentativesWashington, DC 20515http://w\y\y.house.gov/reforfn/ns/202-225-2548 (phone)/202-225-23 82 (fax)[email protected] (email)

    5/18/2004

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    : bin Laudin family departures Page 1 of 2

    Tom EldridgeFrom: Costa, To m [[email protected]]Sent: Tuesday, May 18, 2004 4:52 PMTo: Tom EldridgeSubject: FW: bin Laudin family departures

    Email 2Original MessageFrom: Costa,TomSent: Thursday, November 15, 2001 4:17 PMTo: Halloran, Larry; White, Diana; Palarino, Nicholas; Shays, ChrisSubject: bin Laudin family departures

    I spoke with Jim Langenberg (324-3180) and Paul Polombo (324-4510) at the FBI Congressional liaisonoffice about the bin Laudin family departures following 9/11.Here is what I've found out sofar:* The family members which left were brought to Texas where they were "fully" interviewed by the FBI,such that the FBI was "fully" satisfied.* Once, air travel restrictions were lifted, the family was then flown to either Boston or New York whereSaudi Air flew them for free back to Saudia Arabia.The FBI is checking on the following questions:

    * Which members of the family were here prior to 9/11? Which members left the country?* Where family members notified they should leave by the US or Saudi governments?* How did the family notify the US government it wished to leave?* When was the family notified they could leave the country?* Was there any beauracratic difficulties (such as with the State Dept, Transportation Dept., or Saudigovernment) getting them out of the country and or questioning the family members?* How were the family members gathered in Texas particularly if flights were grounded at the time?The FBI has offered to give you a briefing to answer further questions. Would you like that or will theseanswers be suff ic ient?I've also scheduled a briefing with the State Department on 11/27/01 at 2:00pm, to discuss the bin Laudinfamily in general and insomuch as the information does not involve the events of 9/11, which State has saidis strictly the FBI's to release.TomThomas M.CostaProfessional Staff

    5/18/2004

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    FW: bin Laudin family departures Page 2 of 2

    Subcommittee on National Security, Veterans Affaks & International RelationsCommittee on Government ReformU.S. House of RepresentativesWashington, DC 20515ht tp : / /www.housc .gov/ re form/ns /202-225-2548 (phone)/202-225-2382 (fax)[email protected] (email)

    5/18/2004