<< 00000001 >> OFFICE OF THE VICE PRESIDENT WAS H N GTO N December 16, 2003 MEMORANDUM FOR: Lewis Libby, Chief of Staff to the Vice President Catherine J. Martin, Assistant to the Vice President for Public Affairs Neil Patel, Assistant to the Vice President and Staff Secretary Victoria Nuland, Principal Deputy Assistant to the Vice President for National Security Affairs Debra A. Heiden, Executive Assistant to the Vice President FROM: David S. Addington, Counsel to the Vice President SUBJECT: Collection of Certain Documents for Department of Justice Investigation Please read this entire memorandum carefully. It deals with legal obligations that apply to you. The Criminal Division of the Department of Justice has issued a request dated December 16, 2003 (“DOJ Request,”Attachment 1) for production of six categories of documents of the Office of the Vice President (OVP). The OVP will respond fully, cooperatively, and in accordance with the law. The purpose of this memorandum is to obtain your assistance in ensuring that the OVP so responds. Please read DOJ Request and this memorandum carefully and then carry out the instructions in this memorandum. Your compliance with this memorandum is mandatory. As you read the DOJ Request and this memorandum, please pay particular attention to the parameters of the DOJ Request, such as beginning and ending dates and specifications of subjects of documents. The term “document,” as used in the DOJ Request and this memorandum, is used in a broad sense and includes without limitation all electronic records, telephone records of any kind (including but not limited to any documents that memorialize telephone calls having been made), correspondence, computer records, storage devices, notes, memoranda, and diary and calendar entries, as well as documents covered by the Presidential Records Act and other letters, telephone call slips or logs, notes, and e-mail, and specifically including any documents that may have been archived in the Office of Records Management. You do not need to produce press clips or articles (such as the daily White House press clips) as long as there are no notations or marks upon them and they are not attachments to, or filed as part of, another document. You must complete the following steps by not later than the close of business on Monday, December 22. 2003: 911986 Step 1. Search for all documents you possess or control that are responsive to the DOJ Request. Your search for documents must be reasonable, diligent and conducted in good faith. In the course of the search, retrieve all documents that are responsive to the DOJ Request. For document categories 1, 3, 4. 5, and 6 of the DOJ Reciuest, you will have met your obligations if you retrieve, photocopy, and produce to me, as provided in Step 2, PHOTOCOPIES of the documents. For documents in category I of the DOJ Reciuest, you will have met your obligations if you retrieve and produce to me, as provided in Step 2, ORIGINALS of the documents. With respect to any originals you produce, please retain copies for your files.  << 00000002 >> 2 Step 2. Complete the attached certification (Attachment 2). If you have found documents pursuant to Step 1 above, attach the documents to the certification, place it in a sealed envelope (or, if necessary, a box) labeled “For VP Counsel,” and have the envelope (or box) handcarried to me (David S. Addington, Counsel to the Vice President, Room 268, Eisenhower Executive Office Building, telephone or via Signal Switchboard). If your responsive documents include material that contains classified national security information, please ensure that you hand-deliver your documents directly to me, drawing to my attention the classified nature of them. Please call me or stop by my office if you have any questions. Thank you for your cooperation. o119~7  << 00000003 >> ATTACHMENT 1 %)119e8  << 00000004 >> FROM (TUE)12. 16’03 i7:36/~T. 17;32,’NOP 2 U.S. Department of Justice Criminal Division O$c~ oj’the DBpury Assinant Ateorn~y Cuiz~r~4 Wa.~Iwzgwn. AC’. 20530 December 16, 2003 The Honorable David Addington Counsel to the Vice President Offtcc of the Vice President The White ~1ouse 1600 Pennsylvania Avenue, NW Washington) DC 20502 Dear Mr. Addington: In connection with the Department of Justic&s investigation concerning the possible unauthoriaed disclosure of’ classified information in the July 14, 2003 edition of the Chicago Sun-Times and the July 22, 2003 edition of Newsday, I am writing to request the production of the following documents: 1. To the extent not already produced, any daily telephone loge and/or calendars for I. Lewis Libby, Catherine .1. Martin, and Jennifer Katherine Millerwise for the following time periods: May 6 through May 10, 2003; June 1 through June 15, 2003; July 4 through July 25, 2003; July28 through July 29, 2003; and Scptcmber 27 through October 13, 2003; 2. The originals of handwritten notes taken by I. Lewis Libby and Catherine J. Martin, copies of which previously have been produced to the Department of Justice in connectioi~ with this investigation; 3. To the extent not already produced, all handwritten notes of I. Lewis Libby and Catherine J. Martin for the following dates: May 6 through May 10, 2003; June 1 through June 15, 2003; July 4 through July 25, 2003; July 28 through July 29, 2003; and September 27 through October 13, 2003; 4. To the extent not already produced, and limited to thc time period May 1 through June 30, 2003, any records in the custody or control of I. Lewis Libby or Debbie Heiden relating to: a May 6, 2003 New York Times article entitled “Missing In Action: Truth”; a June 12. 2003 Washington Post article entitled “CIA Did Not Share Doubt on Iraq Data”; Nicholas D. Kristof; and/or Walter Pincus; DEC—18—2003 18:26 97•4  << 00000005 >> FROM (TUE)12. 1603 17:36 ~0T. 17:32,/NO.F 3 5. Any records relating to a classified State Department document from Carl W. Ford to Under Secretary Marc I. Grossman dated June 10, 2003, including, without limitation: any records relating to the dissemination of such a document; and any copies of such a documeul in the custody or control of the Office of the Vice President; and 6. Any records relating to a classified State Department documcnt from Carl W. Ford to Secretary Cohn Powell dated July 7, 2003, including, without limitation: any records rclating to the dissemination of such a document; and any copies of such a document in the custody or control of the Office of the Vice President. Thank you again for your assistance on this matter. Please do not hesitate to call me if you have any questions. Sincerely, KBr#ce C. Swartz Deputy Assistant Attorney Genc 011990 DEC—15—2003 15:25  << 00000006 >> ATTACnMENT2 011991  << 00000007 >> CERTIFICATION BY EMPLOYEE, ASSIGNEE OR DETAILEE (in response to Department of Justice Request of December 16, 2003) NOTE: The attorneys in the Office of Counsel to the Vice President are attorneys for the Vice President in his official capacities and are not private attorneys for anyone. The attorney-client privilege does not extend to communications by government employees to government attorneys when such communications are sought for a Federal criminal investigation. Check one item as appropriate, sign, and date, and submit to Counsel to the Vice President by the close of business on Monday. December 22, 2003 ____ I certify that I performed a reasonable, diligent, and good faith search of all the documents in my possession or control for documents responsive to the Department of Justice Request of December 16, 2003 and have produced photocopies of all such responsive documents to the Counsel to the Vice President by attaching them to this certification. _____ I certify that I performed a reasonable, diligent, and good faith search of all the documents in my possession or control for documents responsive to the Department of Justice Request of December 16, 2003 and found no such documents. _____ I certify that I have no documents in my possession or control. [Note to Certifier: This is a rare situation; most personnel possess or control at least some documents.] Signature of Employee, Assignee or Detailee Date Making Certification Above Printed Name: _________________________________ Telephone No.: _________________ • ~11992  << 00000008 >> Addington, David S. From: Addington, David S. Sent: Friday, January 23, 2004 5:42 PM To: All Ovp Users Subject: URGENT -- Notice of Your Duty to Preserve Additional Documents Personnel of the Office of the Vice President: Please read this e-mail message carefully. This message discusses legal obligations that apply to you. This e-mail message deals with the Department of Justice (DOJ) criminal investigation into possible disclosure to unauthorized persons of classified information concerning Ambassador Joseph Wilson, his trip to Niger in February 2002, his wife, and matters relating thereto. A Grand Jury of the United States District Court for the District of Columbia has issued subpoenas to the Office of the Vice President for production of certain documents. The OVP will respond fully, cooperatively, and in accordance with the law. The purpose of this e-mail message is to give you notice that you must preserve all documents responsive to the description of documents that is set forth below. You will receive from me separately hereafter any specific instructions that I may have for you on action you must take to assist OVP in complying with the subpoenas. Description of Documents to Preserve 1. Any and all records of telephone calls made to and from Air Force Two on July 12, 2003. 2. Any and all records of telephone calls made to and from the government vehicles in which members of the staff of the Office of the Vice President traveled from Andrews Air Force Base on July 12, 2003. 3. All documents, from February 1, 2002 to January 23, 2004, inclusive, including but not limited to, all electronic records, written records, telephone records of any kind (including but not limited to any documents that memorialize telephone calls having been made), correspondence, computer records, e-mail, storage devices, notes (whether handwritten or typed or in any other format), memoranda, and diary and calendar entries in the 1 Q11993  << 00000009 >> possession of the Office of the Vice President, its staff, and employees concerning any discussion of the following: a. Ambassador Joseph Wilson or his wife; b. Valerie Plame Wilson (or “Valerie Wilson” or “Valerie Plarne”); or c. A trip undertaken by former Ambassador Joseph Wilson to Niger in 2002 (even if the items/documents themselves do not refer to him by name); including, but not limited to: the origin of such trip (including persons involved in deciding who would go); the findings or results of such trip by Ambassador Wilson; any relationship Wilson had with any employee at the CIA; contacts, attempted contacts, or discussion of contacts (directly or indirectly) with any members of the media concerning Wilson, his trip, or his wife, including but not limited to, the following media and media personnel: (1) Robert Novak (2) Crossfire (3) Capital Gang (4) Chicago Sun-Times (5) Knut Royce (6) Timothy Phelps (7) Newsday (8) Walter Pincus (9) Richard Leiby (10) Mike Allen (11) Dana Priest (12) Glenn Kessler (13) Washington Post (14) Matthew Cooper (15) John Dickerson (16) Massimo Calabresi (17) Michael Duffy 2  << 00000010 >> (18) James Carney (19) Time Magazine (20) Evan Thomas (21) Newsweek (22) Andrea Mitchell (23) Meet the Press (24) Chris Matthews (25) Hardball (26) MSNBC (27) Tim Russert (28) Campbell Brown (29) NBC (30) Nicholas Kristof (31) David Sanger (32) Judith Miller (33) New York Times (34) Greg Hitt (35) Paul Gigot (36) Wall Street Journal (37) John Solomon (38) Associated Press (39) USA Today (40) Jeff Gannon (41) Talon News If you have any questions, please contact me at my office at or through the White House Signal Switchboard at Thank you for your assistance. 3 011995  << 00000011 >> Message Page 1 of 1 Addington, David S. From: Addington, David S. Sent: Friday, January 23, 2004 7:01 PM To: Libby, Lewis Cc: Mayfield, Jennifer H. Subject: Special Instructions Unique to You Regarding Subpoenas Scooter: Because of your unique status as a commissioned officer of the President in the White House Office, but whose duties are principally service for the Vice President, you will receive both my e-mail instruction to preserve documents in response to grand jury subpoenas, and Al Gonzales instruction to preserve documents in response to grand jury subpoenas. The scope of the subpoenas differs, as you will see when you compare the text of Al’s preservation instruction and my preservation instruction. You must preserve documents that fall under either Al’s instruction or my instruction. When it comes to production of documents (on which instructions will come next week) all your production regardless of what subpoena it responds to, will be submitted to me, as Al’s Deputy and I continue to deal with your records, as we have consistently throughout this investigation and in all Presidential Records Act contexts, as OVP records. ~~4996 1/23/2004  << 00000012 >> !~A P ;~•‘ ,,‘ OFFICE OF THE VICE PRESIDENT WA SHIN GTO N January 26, 2004 MEMORANDUM FOR: Employees. Assignees and Detailees of the Office of the Vice President FROM: David S. Add ington. Counsel to the Vice President SUBJECT: ACTION -- Search for and Retrieval of Documents for Grand Jur\ Please read this entire memorandum carefully. It (leals with legal obligations that apply to you. A grand jury of the United States District Court for the District of Columbia has issued two subpoenas dated January 22, 2004 (copies at Attachment 1) to the Office of the Vice President (OVP) commanding production of certain documents for the investigation into possible disclosure to unauthorized persons of classified information concerning Ambassador Joseph Wilson. his trip to Niger in February 2002, his x~ife, and matters relating thereto. The OVP will respond fully. cooperatively, and in accordance with the law. The purpose of this memorandum is to obtain your assistance in ensuring that the OVP so responds. Please read the subpoenas and this memorandum carefully and then carry out the instructions in this memorandum. Your compliance with this memorandum is mandatory. The term “document” in this memorandum is used in a broad sense and includes x~ithout limitation “all electronic records. written records, telephone records of any kind (including but not limited to any documents that memorialize telephone calls having been made), correspondence, computer records. e-mail, storage devices, notes (whether hand’vritten or typed or in any’ other format), memoranda, and diary and calendar entries,” as well as documents covered by the Presidential Records Act, telephone call slips or logs, and specifically includes any documents that may have been archived in the Office of Records Management. You must complete the followin2 steps by not later thati the close of business on Thurs(lav. Jamiuarv 29, 2004: Step 1. Search for all documents you possess or control that are responsk~e to the subpoenas. Your search for documents must be reasonable, diligent and conducted in good faith. In the course of the search, retrieve all documents that are responsive to the subpoena and photocopy them. You will have met ‘your oblii~ations if you retrieve. photocopy, and produce to me, as provided in Step 2. all documents that relate in any way to: (a) any and all documents of telephone calls made to and from Air Force Two on July 12, 2003; (b) any and all documents of telephone calls made to and from the government ~ehicles in which members of the staff of the Office of the Vice President traveled from And re~vs Air Force Base on July 12, 2003; or (c) any or all documents created between February 1,2002 and January 23, 2004, inclusive, concerning any discussiun of the following: (i) Ambassador Joseph ‘Wilson or his wife; (ii) Valerie Plame XVilson (or “Valerie Wilson” or “Valerie Pla me”); or (iii) a trip undertaken by former Ambassador Joseph Wilson to Niger in 2002 (even if the items/documents themselves do not refer to him by name), including but not limited to: the origin of such trip (including the persons involved in decidimig who would go), the findings or results of such trip by Ambassador XVilson, any relationship Wilson had with any employee at the CIA, contacts, attempted contacts, or discussion of contacts (directly or indirectly) with any members of the media conceraing Wilsomi, his trip, or his wife. ~1199 In response to Category (c) above. xou do NOT need to retriex e and prox ide to me another copy of diocumnents you have already given to me in response to previous document searches in this investigation. Note. lioxxever. that previous searches for documents that would be responsive to Cate~torx (c) above did not cover the period October 1. 2003 throuizh January 23. 2004. inclumsive. so this xx ill be x’our first search for Cate~zorv (c) documents  << 00000013 >> 2 for the period October 1. 2003 through January 23. 2004. Also, in searching for Category (c) records, the tem~ members of the media’ includes, but is not limited to, the following: (I) Robert Novak, (2) Crossfire, (3) Capital Gang, (4) Chicago Sun-Times, (5) Knut Royce, (6) Timothy Phelps, (7) Newsday, (8) Walter Pincus, (9) Richard Leiby, (10) lVIike Allen, (II) Dana Priest, (12) Glenn Kessler. (13) Washington Post, (14) Matthew Cooper, (15) John Dickerson, (16) Massimo Calabresi, (17) Michael Duffy, (18) James Camey, (19) Time Magazine, (20) Evan Thomas, (21) Newsweek, (22) Andrea Mitchell, (23) Meet the Press, (24) Chris Matthews, (25) Hardball, (26) MSNBC, (27) Tim Russert, (28) Campbell Brown, (29) NBC, (30) Nicholas Kristof, (31) David Sanger, (32) Judith Miller, (33) New York Times, (34) Greg Hitt, (35) Paul Gigot, (36) Wall Street Journal, (37) John Solomon, (38) Associated Press, (39) USA Today, (40) Jeff Gannon, and (41) Talon News. Finally, you do not need to provide to me press clips or articles (such as the daily White House press clips) as long as there are no notations or marks upon them and they are not attachments to, or filed as part of, another document. When you make photocopies to give to me, please check the legibility of them -- in particular, please make sure your photocopier is set at a sufficient “darker” setting so that blue-ink originals copy legibly. Step 2. Complete the attached certification (Attachment 2). If you have found responsive documents pursuant to Step I above, attach the photocopies of them to the certification, place it in a sealed envelope (or, if necessary, a box) labeled “For VP Counsel,” and have the envelope (or box) handcarried to me (David S. Addington, Counsel to the Vice President, Room 268, Eisenhower Executive Office Building, telephone ~r via Signal Switchboard). If your responsive documents include material that contains classified national security information, please ensure that you hand-deliver your documents directly to me, drawing to my attention the classified nature of them. Please call me or stop by my office if you have any questions. Thank you for your cooperation. 011998  << 00000014 >> ATTACHMENT I 011999  << 00000015 >> z~?Or~ •,r~nd ..Ufl? FOR THE ____________________________________ DLSTRICT OF ~2ULUNBiA TO: Office of the Vice President The White House 1600 Pennsylvania Avenue, N.W. SUBPOENA TO TESTIFY ATTN: Mr. David Addington BEFORE GRAND JURY Counsel to the Vice President SUBPOENA FOR: LJ?ERSCN DOCUMENT~S1 OR oBJEOT:s~ YOU ARE HEREBY COMMANDED tc anpear ana te~triy before me G~-and Jury’ ot the Unrtea States Disnic Caurt at the piace. date. ann time speczfied beiow. czuRT~ccM U~2~ ~ St~~s _ :L1~~. Grand Jury 03-3 Cz~szi~~o~ AVEn.ue, NW ~CA~ANOflME Wasn~czcn.. DC 20001 January 30. 2004 YOU ARE ALSO COMMANDED to ~nng wttr. you tre ~ciIc’~v~ng On mentts~ ci ocjecttsi; I. Any and all records of telephone calLs made to and from Air Force Two on July 12, 2003. 2. Any and all records of telephone calls made to and from the government vehicles in which members or the staff of the Office ot the Vice President traveled from Andrews Air Force Base on July 12, 2003. O P!~asn a~ditionai informarion ~, This suO~Oefla S ‘‘ ‘n ;n erfec: ~1Lxi yOu a~ NantaC :aave oenar Ov tOe :0101 or oy an ortic~r actzn~ on ~tenait of t~Ie ccu j~xiRT F’~-~ ~ _________________________________________________ U5. ~.IAGZS7~AT~ OX~ COO r zA~E >Jancy NV. 1~r~W ,c i~ _________ ~s~c~rr~c \-~~ January 2 2, ZOO!’ ~Th ~ _____ >~XME. ~ ~NO ~-CNE ~.uMBER :5 ~ SCANT This sUoccen 5 - C~(IQ~~ P’ ‘raid Roos zi~meUnitedS~ ~ Deputy Special Counsel 012000 P~ D.C. ZYUU)  << 00000016 >> r~UF~N OF SER\I~C~W RECEIVED BY SE~VE3 SERVED ___ FACE 3E~VEZ ON ~1UN ~ SERVED 5V IWTMAMEJ STATEMENT OP SERVICE FEES • V~AVEL SER Vi CES T3TAL DECLARATION OF SEBVER(2~ I Qec~ar~ LW,Q~f Defl2~tV OT Denury~unc~r me laws of the United States oi America tnat The for-ecoine information contained in the ?~eurn a f Service and Statement of Service ~ees is zn~ie and correc: E~ecur5:± on ~ of Se~~’ Aaw~.zr of S~wr ~DITIONAL INFORMA.IOF~ in lieu of personal appearance before the grand jury, c~mpIiance with this subpoena may be made by providing the requested information to FBI Inspector John C. Eckenrode, 935 Pennsylvania Avenue, N.W., Room 7847, Washington, D.C. 20535, telephone number p., OCdU,4.~ n..c no: ~. :.no.r.o :o ~,. ~ jo~r, ~ ~f a :~.~,nc.ns ,L..~,O ~r. ~4flA.? ~ ~ta~ .2t aq.nc’~ :,.~.C ~ ~. ~ ~.o~aI ~ ~ ~2~I ~c.our.; ~s..It .o.~a Ru... -. ~ nt on ~~*I? ~1 ~zraIn lodI~’fl? oA’~I.t an~ 012001  << 00000017 >> •0 esra’~ ~etOr~ r~n~ ..u:v FOR THE COLUNBIA TO: Office of the Vice President The White House 1600 Pennsylvania Avenue, NW SUBPOENA TO TESTIFY Washington, DC 20502 BEFORE GPXND JUkY ATTN: Nr. David Addingcon Counsel to the Vice President ~ L2P ~SON DCCUMENT~S~ OR OB2ECT~] YOU ARE H~n~zY CO MMANO cO :c anpear and :esttiy before tne Grand JUty of ti~e United States District Czux-r at tt~e place. date, and time s~e&fied bejow. ~L~T~cc!~ ur~ec. ~aces D~st~z~ Cz’urzz~uze Grand Jury 03-3 __ Mtq Wasn~.czcn, DC 20001 February 6, 2004 YOU ARE ALSO COMMANDED to onng w;tL~ yOU zne toilowing Oocurnentt5~ or oo1ectsL SEE ATTACHNENT A. 2 Pia~o see addifiOflai information on reYflr~e. This suD~Oi~fla s~’ “‘n in ettec: ~auI ~cu are ca cave ~c ~eoart ~y t~e z~uri ~r y an ot?Ice actiflV on ~-enait o: the cou —~i..3RT F~ U5 ~.4AGS7RATE ~ Ocur ZA~t 0’~ Nanci ~4. i~~r-W ‘• C ________________________ J~.nuarv 22, 2u0-. ~H~) DEPJtY C p-I ‘., /i) ~7’ __ I I~• ~) / ~ - -.Aj.4.~ ~Z~i~2.fl ANO ~-,CNE ~J~3 F ~-O7AN. ZR’-4Z~’ Thia suocoen ~ c~4~ ~ ~ unitea S. .~ RuixJd Rims • Deput Spec iii (U~ur’~seI  << 00000018 >> RETUPI~ OF S~RV~C~ ~ RECEIVED BY SERVER SERVED 1PLAC~ __________________________ I SERVED ON ~7~SMT~iA~dE3 s.E~v~ BY cnUNT N.A1A~I TrrL.E STATEMENT OF SERVICE FEES 1 BAVEL SER\(IC~S T~JTAL. DECLARATION OF SERVERC~ I oec½re under ~ena1ty of perjury ~under the laws of tne United States of Americ.~ that the foreooii-ic ir~formarion contained in the Ft~turn of Service and Statement of Service sees is true and corre~. Executed or._______________________ ____________________________________________________ a, S.,~r Adw-~ of S~vvr ADD IT~ONAL INFOR MArION En lieu of personal appearance before the gr;ind jury, compliance with this subpoena may be made by providing the requested information to FBI fnspectur John C. Eckenrode, 935 Pennsylvania Avenue, N.W., Room 7847, Washington, D.C. 20535, telephone number w?40 may ~ a 1~o-.~a and tn. n~nn.r o? Ii. ~ . ~ ~ ~1 :r,Ina~ ~TCC*dUr~. ~ ~UJ. ~ F~oer~i ~ Pt • —. —. afl~ mhlaa 9 n..~ nc: ~.. :no.4-.~ •~ •,. ~n.1, ~ ~ ~ ••~•.~ I.u~ ~. ~ -~ ,..,~ ~ ~ ~r ir, ~f?Ic.r ~t )Q•~~, :,.,.c a.t.nc?in~s wna are una~.. tO ~y •u~ ~ ~ I ~SZ Z~. ~~ii ~ .~.rzi ftuI.a ~ ~ 012003  << 00000019 >> A I1.\( IV\IF N V \ All docurneias, including but not limited to. all ekx tronic r~wrds, written records. telephone records of an~ kind md udi n~ but not ii in ted to n \ (hi( on jiltS that in emori al i/e telephone cal Is having been made), correspondence, computer re’~ords, e—mail, stora2e devices, notes (whether handwritten or typed or in any other format). meinornuda. and diary and calendar entries in the possession of the Office of the Vice President, its staif, and employees concerning any discussion ofthe following: • Ambassador Joseph Wilson or his x~ifc; 2. Valerie Plarne Wilson (or “Valerie Wilson” or ~Valerie Plame”); 3. A trip undertaken by former Ambassador lowph Wilson to Niger in ~OO2 (even if the itemsidocurnents themselves do not refer to him by name); including, but not limited to: tile origin of such trip (including the persons iil\ olved in deciding ~ ho ~x ould go); tli~ hndings or results ofsuch trip by Ambassador Wilson; an\ r~iai ninship Wilson had with any employee at the CIA; contacts, attempted contacts, or discussion of contacts (directly or indirectly) with any members of the media concerning Vv ilson, his trip, or his wife, including but not limited to. the following media and media personnel. Robert Novak, Crossfire, Capital Gan~, Chiengo Strn-[ tines, Knot Royce, Timothy Phelps, Newsday, Walter Pincus, Richard Leiby. Mike Allen. Dana Priest. Glenn Kessler. Washington Post, N4atthew Cooper, John Dickerson, N4assimo Calabresi, Michael Duffv, James Camey, Time Magazine, Evan Thomas. Newsweek. Andrea Mitchell, Meet the Press, Chris Matthews, Hardball, MSNBC. Finl Russert, Campbell Brown. NBC. Nicholas Kristof, David Sanger, Judith Miller. New York [tines, Greg I litt, Paul Gi&tot. Wall Street Journal, John Solomon. Associated Press, USA Today, Jeff (jannon. I alon News. 012004  << 00000020 >> ATTACHMENT 2 012005  << 00000021 >> CERTIFICATION BY EMPLOYEE. ASSIGNEE OR DETAILEE (in response to Grand Jury Subpoenas Dated January 22. 2004) NOTE: The attorneys in the Office of Counsel to the Vice President are attorneys for the Vice President in his official capacities and are not private attorneys for anyone. The attorney-client privilege does not extend to communications by government employees to government attorneys when such communications are sought for a Federal criminal investigation. Check one item as appropriate, sign, and date, and submit to Counsel to the Vice President by the close of business on Thursday, January 29, 2004 ____ I certify that I performed a reasonable, diligent, and good faith search of all the documents in my possession or control for documents responsive to the Grand Jury subpoenas dated January 22, 2004 and have produced photocopies of all such responsive documents to the Counsel to the Vice President, either by (1) attaching them to this certification, or (2) by having provided them to the Counsel to the Vice President in response to previous requests for documents. ____ I certify that I performed a reasonable, diligent, and good faith search of all the documents in my possession or control for documents responsive to the Grand Jury subpoenas dated January 22, 2004 and found no such documents, other than documents that I have already provided to the Counsel to the Vice President in response to previous requests for documents. ____ I certify that I performed a reasonable, diligent, and good faith search of all the documents in my possession or control for documents responsive to the Grand Jury subpoenas dated January 22, 2004 and found no such doctiments. ____ I certify that I have no documents in my possession or control. rNote to Certifier: This is a rare situation; most personnel possess or control at least some documents.] Signature of Employee, Assignee or Derailec Date Makiniz Certification Above Printed Name: _____________________________________ Telephone No.: _______________________________ 012006  << 00000022 >> A A OFFICE OF THE VICE PRESIDENT W A S H N G TO N March 17, 2004 MEMORANDUM FOR: Jennifer MayField. Executive Assistant to the Chief of Staff ‘I FROM: David S. Addington, Counsel to the Vice President SUBJECT: ACTION -- Respond to Request from Office of Special Counsel Please read this entire memorandum carefnlI~’. It (teals with legal obligations that apply to you. Deputy Special Counsel Ronald Roos telephoned me today with a request with regard to the investigation into possible disclosure to unauthorized persons of classified information concerning Ambassador Joseph Wilson, his trip to Niger in February 2002. his wife. and matters relating thereto. The OfFice of the Vice President (OVP) will respond fully. cooperatively, and in accordance with the law. The purpose of this memorandum is to obtain your assistance in ensuring that the OVP so responds. Your compliance with this memorandum is mandatory. Mr. Roos advised that the OfFice of Special Counsel of the Department of Justice has learned that you maintain within OVP a File labeled something like “Nii~er/Uranium” that contains press clippings, some of which may bear markings. The OfFice of Special Counsel requested that OVP produce a copy of the entire contents of the file. You must complete the following steps by not later than the close of’ business on Monday, March 22. 2004: Step I. Search for the requested File. Your search for the File must be reasonable, diligent and conducted in good faith. Photocopy all the contents of the File and photocopy the File label. When you make photocopies. please check the legibility of them -- in particular. please make sure your photocopier is set at a sufficient ‘darker” setting so that any blue-ink originals copy legibly. Please note that you should photocopy the entire contents of the file, even if you have already provided to me, in response to prior requests or subpoenas, photocopies of all or part of the same material. Step 2. Complete the attached certification (Attachment 2). Attach to the certiFication the photocopies of the file label and contents of the File, place them in a sealed envelope (or. if necessary, a box) labeled “For VP Counsel,” and have the envelope (or box) handearried to me (David S. Addington Counsel to the Vice President. Room 268. Eisenhower Executive Office Building. klephoneor ~ia Signal Switchboard). If the photocopies include material that contains das~itiLd national securilx information, please ensure that you hand-deliver your documents dircctly to me. drawine to my attention the classiFied nature of them. Please call me or stop by mx’ ofFice if you have any questions. Thank yo ii for your cooperation. (42O2~  << 00000023 >> (±RTII’IC’A1 ION BY EMPI OYI-P. ASSIGNLI’ OR D[fAIL EL (in response to Deputy Special Counsel Request of N’larch 17. 2004 for contents of file labeled something like “Niger Liraniuiri” maintained by J. N1a~ field) NOTE: 1 he attorneys in the Office of Counsel to the Vice President are attorneys for the Vice President in his official capacities and are not private attorneys for anyone. [he attorney-client privilege does not extend to communications by government employees to government attorneys when such communications are soueht for a Eederal criminal n vest; ga t ion. Check one item as appropriate. sign. and date, and submit to Counsel to the Vice President by the close of business on Monday. March 22. 2004 I certify that I performed a reasonable, diligent, and good faith search for the file responsive to the Department of Justice Request of March 17, 2004 and have produced photocopies of the file label and the file contents to the Counsel to the Vice President by attaching them to this certification. I certify that I performed a reasonable, diligent, and good faith search for the file responsive to the Department of Justice Request of March 17, 2004 and found no such file. _____ I certify that I have no files in my possession or control. [Note to Certifier: This is a rare situation; most personnel possess or control at least some files.] Signature of Employee, Assignee or Detailee Date Making Certification Above Printed Name: _________________________________ Telephone No.: ______________________________ 012029  << 00000024 >> Copy~of7 Copies (Do Not Reproduce or Disseminate) OFFICE OF THE VICE PRESIDENT WASHINGTON FOR OFFICIAL USE ONLY April 6, 2004 MEMORANDUM FOR: 1. Lewis Libby, Chief of Staff to the Vice President 2. Elizabeth Kieppe, Assistant to the Vice President and Director of Scheduling 3. Neil Patel, Assistant to the Vice President and Staff Secretary 4. Daniel Wilmot, Deputy Assistant to the Vice President and Director of Advance 5. Debra Heiden, Executive Assistant to the Vice President 6. Jennifer Mayfield, Executive Assistant to the Chief of Staff FROM: David S. Addington, Counsel to the Vice President SUBJECT: ACTION -- Search for and Retrieval of Documents for Grand Jury Please read this entire memorandum carefully. It deals with legal obligations that apply to you. The United States District Court for the District of Columbia has issued a subpoena dated April 6, 2004 (copy at Attachment I) to the Office of the Vice President (OVP) commanding production of certain documents for the grand jury in the investigation into possible disclosure to unauthorized persons of classified information concerning Ambassador Joseph Wilson, his trip to Niger in February 2002, his wife, and matters relating thereto. The OVP will respond fully, cooperatively, and in accordance with the law. The purpose of this memorandum is to obtain your assistance in ensuring that the OVP so responds. Please read the subpoena and this memorandum carefully and then carry out the instructions in this memorandum. Your compliance with this memorandum is mandatory. The subpoena requires production of: “All versions andlor drafts of daily schedules and calendars for Vice President Richard B. Cheney and Chief of Staff Lewis Libby for the period July 6, 2003 through July 14, 2003.” Please note that, even if you have produced copies of such a document for me before in this investigation, you must produce a copy again in response to this memorandum. Also, please note that the terms “schedules” and “calendars” include all items commonly referred to by those terms, as well as what OVP refers to as daily, narrative, block, line-by-line, and Advance trip-booklets for trips. In addition, please note that the subpoena calls for “all versions” and all “drafts” and not just final versions of the items. Finally, please note that the subpoena calls for these items for a specific time period of July 6 through 14, 2003 (which includes July 6, July 14, and all days in between in 2003). You must complete the following steps by not later than the close of business on Friday, April 9, 2004: Step I. Search for all documents you possess or control that are responsive to the subpoenas. Your search for documents must be reasonable, diligent and conducted in good faith. In the course of the search, retrieve all documents that are responsive to the subpoena and photocopy them. You will have met your obligations if you retrieve, photocopy, and produce to me, as provided in Step 2, all documents that meet the following description: “All versions and/or drafts of daily schedules and calendars for Vice President Richard B. Cheney and Chief of Staff Lewis Libby for the period July 6,2003 through July 14, 2003.” When you make photocopies to give to me, please check the legibility of them -- in particular, please make sure your photocopier is set at a sufficient “darker” setting so that any blue-ink originals copy legibly. 012030’  << 00000025 >> 2 Step 2. Complete the attached certification (Attachment 2). If you have found responsive documents pursuant to Step I above, attach the photocopies of them to the certification, place it in a sealed envelope (or, if necessary, a box) labeled “For VP Counsel,” and have the envelope (or box) handcarried to me (David S Addington, Counsel to the Vice President, Room 268, Eisenhower Executive Office Building, telephoneor via Signal Switchboard). If your responsive documents include material that contains classified national security information, please ensure that you hand-deliver your documents directly to me, drawing to my attention the classified nature of them. Please call me or stop by my office if you have any questions. Thank you for your cooperation. 012031  << 00000026 >> ATTACHMENT 1 012032  << 00000027 >> CO 293 (Rev 8/91) Subpoena to Testify before U dfld Jury United States District Court FOR THE DISTRICT OF COLUMBIA TO: Office of the Vice President SUBPOENA TO The White House TESTIFY 1600 Pennsylvania Avenue, NW BEFORE GRAND JURY Washington, DC 20502 ATTN: Mr. David Addington Counsel to the Vice President SUBPOENA FOR: PERSON [x] DOCUMENT(S) OR OBJECT(S) YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at the place, date, and time specified below. PLACE COURTROOM 3rd Floor UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA GRAND JURY ROOMS United States Courthouse DATE AND TIME Third & Constitution, NW. April 14, 2004; 10:00 AM Washington, D.C. 20530 _____________________________________________ YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):* DucesTecum(Pleasebringwithyou/pleasefurnish): All versions and/or drafts of daily schedules and calendars for Vice President Richard B. Cheney and Chief of Staff •Lewis Libby for the period July 6, 2003 through July 14, 2003. COMPLIANCE WITH THIS SUBPOENA CAN BE SATISFIED BY PROVIDING THE REQUESTED INFORMATION TO FBI INSPECTOR JOHN C. ECKENRODE, 935 PENNSYLVANIA AVENUE, NW, ROOM 7847, WASHINGTON, DC 20535, TELEPHONE NUMBER E Please see addifional info reverse. This subpo ffect until you are granted leave to depart by the court or by an officer acting on behalf of the court. ~CO F~4 uSMAGI EOR R F41 DATE April 6, 2004 This sub iss n on of NAME, ADDRESS AND PHONE NUMBER OF ASSISTANT U S ATTORNEY the Unite Patrick J. Fitzgerald Special Counsel U.S. Department of Justice ~)12O33 Washington, DC 20005 If not applicable, enter “none’. U.S.GPO:1 993-O-35O~792/SO398  << 00000028 >> ATTACHMENT2 012034  << 00000029 >> CERTIFICATION BY EMPLOYEE, ASSIGNEE OR DETAILEE (in response to Grand Jury Subpoena Dated April 6, 2004) NOTE: The attorneys in the Office of Counsel to the Vice President are attorneys for the Vice President in his official capacities and are not private attorneys for anyone. The attorney-client privilege does not extend to communications by government employees to government attorneys when such communications are sought for a Federal criminal investigation. Check one item as appropriate, sign, and date, and submit to Counsel to the Vice President by the close of business on Friday, April 9. 2004 ____ I certify that I performed a reasonable, diligent, and good faith search of all the documents in my possession or control for documents responsive to the Grand Jury subpoena dated April 6, 2004 and have produced photocopies of all such responsive documents to the Counsel to the Vice President by attaching them to this certification. ____ I certify that I performed a reasonable, diligent, and good faith search of all the documents in my possession or control for documents responsive to the Grand Jury subpoena dated April 6, 2004 and found no such documents. _____ I certify that I have no documents in my possession or control. [Note to Certifier: This is a rare situation; most personnel possess or control at least some documents.] Signature of Employee, Assignee or Detailee Date Making Certification Above Printed Name: _________________________________ Telephone No.: ______________________________ 012035  << 00000030 >> Copy __ of 6 Copies OFFICE OF THE VICE PRESIDENT WASHINGTON FOR OFFICIAL USE ONLY October 7, 2005 MEMORANDUM FOR: 1. Lewis Libby, Chief of Staff to the Vice President 2. Derrick Morgan, Assistant to the Vice President and Staff Secretary 3. Neil Patel, Assistant to the Vice President for Domestic Policy 4. Robert Karem, Special Assistant to the Chief of Staff 5. Christian Woelk, Executive Assistant to the Chief of Staff 6. Jennifer Maytield, Deputy Press Secretary to the Vice President FROM: David S. Addington, Counsel to the Vice President SUB.IECT: ACTION -- Search for and Retrieval of Documents for Grand Jury Please read this entire memorandum carefully. It deals with legal obligations that apply to you. The United States District Court for the District of Columbia has issued a subpoena dated October 7, 2005 (copy at Attachment 1) to the Office of the Vice President (OVP) commanding production of certain documents for the grand jury in the investigation into possible disclosure to unauthorized persons of classified information concerning Ambassador Joseph Wilson, his trip to Niger in February 2002, his wife, and matters relating thereto. The OVP will respond fully, cooperatively, and in accordance with the law. The purpose of this memorandum is to obtain your assistance in ensuring that the OVP so responds. Please i-cad the subpoena and this memorandum carefully and then carry out the instructions in this memorandum. Your compliance with this memorandum is mandatory. You must complete the folIo~vin~ steps by not later than the close of business on Wednesday, October 12, 2005: Step 1. Search for all documents you possess or control that are responsive to the subpoena. Your search fox documents must be reasonable, diligent and conducted in good faith. In the course of the search, retrieve all documents that are responsive to the subpoena and photocopy them. You will have met your obligations if you retrieve. photocopy, and produce to me, as provided in Step 2, all documents that meet the following description: 1. All daily telephone logs and/or calendars for I. Lewis Libby for the time period June 16, 2003 through July 3, 2003. 2. All handwritten notes of I. Lewis Libby for the time period June 16, 2003 through July 3, 2003. When you make photocopies to give to me, please check the legibility of them -- in particular, please make sure your photocopier is set at a sufficient “darker” setting so that any blue-ink originals copy legibly. Also, if a responsive document exists only in electronic form. print out a copy of it and produce it to me. Finally, even 012036  << 00000031 >> 2 if you have produced a particular item to me in response to a previous subpoena in this investigation, produce another copy to me in response to this subpoena. Step 2. Complete the attached certification (Attachment 2). If you have found responsive documents pursuant to Step 1 above, attach the photocopies of them to the certification, place it in a sealed envelope (or, if necessary, a box) labeled “For VP Counsel,” and have the envelope (or box) handcarried to me (David S. Addington, Counsel to the Vice President, Room 268, Eisenhower Executive Office Building, telephone or via Signal Switchboard). If your responsive documents include material that contains classified national security information, please ensure that you hand-deliver your documents directly to me, drawing to my attention the classified nature of them. Please call me or stop by my office if you have any questions. Thank you for your cooperation. 012037  << 00000032 >> ATTACHMENT 1 012038  << 00000033 >> L 00293 ~ev’ Sf91 ~ ~ — ,— _____ ~ F0R THE ro: ~ 0F U?~7BIA The White House Office of the Vice Pre~kjent Attn: David Ac1din~t0~ Cou~5~ to the Vice President U~POENA TO TU~IFY Was~gto~ O.C. ~O502 1600 Pen1-isyIv~nia Avenue NW BEfORE GR~4~rj JUJRY SUBPOENA FOf~- EU PERSON L~OOCUMENT(S, OR dare, and time specified below ~ ARE ~ COMMANOED to aPPear arvi tesi;~ before ZI~e Grand of the Untt~ S~atas Distrk~ Coutt~ ~~ACE Third anc~ ~ Avenue NW GRAND JURY ROoi~ lite:sI:les DistIicf Courthouse ‘44, Dc 2000i October 2005 COMMANO~O b4ng with the fol!ow~ docun~~(S, O(object(sJ.. June 1 t3, 2003 through July 3, 2003. 1. All daily telephone Logs and/or Calendars for I. Lewis Libby fQr the time period / 2. AU handwritten notes of I. Lewis Libby for the time period June 16, 2003 through July 3, 2003 In lieu of persona, appearance before the grand jury compliance with the Subpoena ‘I Deputy Speciai Counsel Kathleen M. Kediar, —0ff,ce may be made by PrOviding the reques~~~ ‘nformation to the of Spec~j Counsei via 0 Pie.a.~ soo aa’o’ffIO,,~/ into rr,la,;GO o’i re&~or~e bQhRIfOfU~OCO(Jr URTj~0 - ‘A Th~ sub~0~ ~ ~ ~ Un111 You ar~ granted le~vO to ~ ~ court or by an oftdcer acting On us. MAGISTAA~ ~ ~4.’PT ~ Nancy M r-W I ~Th This ~ubpoer~ ~ / NAJIc AOOR~S ANO TAJ.~ r i~•~• A 77O~f/Ey The Un~e4 s K~thIe~ M Ked,an — T0tF~L P0  << 00000034 >> ATTACHMENT 2 012040  << 00000035 >> Attachment 2 CERTIFICATION BY EMPLOYEE, ASSIGNEE OR DETAILEE (in response to U.S. District Court for the District of Columbia Grand Jury Subpoena of October 7, 2005) (Check one item as appropriate, sign, and date, and submit to Counsel to the Vice President by October 12, 2005) _____ I certify that I performed a reasonable, diligent, and good faith search of all the documents in my possession, custody or control for documents responsive to the Grand Jury Subpoena of October 7 9005 and have produced photocopies of all such responsive documents to the Counsel to the Vice President by attaching them to this certification. ____ I certify that I performed a reasonable, diligent, and good faith search of all the documents in my possession, custody or control for documents responsive to the Grand Jury Subpoena of October 7, 2005 and found no such documents. ____ I certify that I have no documents in my possession, custody or control. [Note to Certifier: This is a rare situation; most personnel have possession, custody or control of at least some documents.] Signature of Employee, Assignee or Detailee Date Making Certification Above Printed Name: _______________________________ Telephone No.: _____________________________ ~12O4j