<< GX05301 >> OCT—032003 15:23 OVP — GOVERNMENT EXHIBIT 1531 05Cr. 394 (ID) OFFICE OF THE VICE PRESIDENT Washington, D.C. 20501 FACSIMILE TRANSM1SSIO~ TO: The Honorable Bruce Swartz, Criminal Division, Depar~nent of Justice at fax FROM: David S. Addingron, Counsel to the Vice President Tel. Fax DATE: October 3,2003 PAGES: 11 pages (including tbis page) NOTE: Mr. Swartz: Attached for your files is a copy of the memorandum of instructions I have just issued in. response to your document request letter of today’~ date.  << GX05302 >> — P.02 OCT~03A2003 1~:23 OVP OFFiCE OF THE VICE PRESIDENT WASHINGTON October 3,2003 MEMORANDUM FOR: Employees, Assignees and.Detailees of the Office ofthe Vice president FROM: David S. Addington; Counsel to the Vice Presiden(~~~f~ 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 (“DQJ Request,” Attachment 1) for certain documents of the Office of the Vice President (OVP). The OX”? will respond fully, cooperatively, and in accordance with the law. The purpose of this memorandum is to obtain your assistance in ensuring that the OX”? so responds. Please read the 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 iexm “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other letters, telephone call slips or logs, notes, and e-mail, and specifically including any documents that may have been archived in the Office of Records Management.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 rii-ust comolete the followina steps by not later than the close of business on Tuesdaw October 7. 2003: • 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 and photocopy them. You will have met your obli2ations if you retrieve. photocony, and produce to me, as provided in SteD 2. all documents created between February 1, 2002 and September 30. 2003.. inclusive, that relate in any way (a) Former U.S. Ambassador Joseph C. Wilson, his trip to Nigerin February 2002, or hi3 wife’s purported relationship with the Central Intelligence Agency (CIA); (b) A contact with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, or his wifcs purported relationship with theCIA; or (c) A contact with any or all of the following: reporters Knut Royce, Timothy M. Phelps, or Robert M. Novak, or any individual or individuab acting directly or indirectly on behalf of any of them.  << GX05303 >> OCTO3~2OO3 15:23 — P.03 2 Step 2. Complete the attached certification (Attachment 2). If you have found photocopies of responsive documents pursuant to Step 2 above, attach the photocopies to the certification, place it in a sealed envelope (or, if necessary, a box) labeled “For VP Counsel,” and have the envelope (or box) bandoarried to me (David S. Addmngton, Counsel to the Vice President, Room 268, Eisenhower Executive Office Building, telephone or via Signal Switchboard). If Iam not in the office, you may leave the sealed envelope (or box) with the Operations staff in Room 269. (If your responsive documents include material that contains classified national security infonnation, 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.. A  << GX05304 >> - OCT—0~-2003 15~23 OVP P.04 ATTACHMENT 1  << GX05305 >> OCT—03—2003 15:23 OXT? P.05 U.S.. Dtpartment of Justice j ~ vi D~i~o’ ASSUT*7111 Atrnrnny ~J~A.S~S’7l ZWnM~TO4. ~), C Octo~btr 3,. 2003 ViA ~ACSLMILE The ~onor~b]e ~avid Addington CQUnSCI to the Vice ?rcsident Ofiice of the Vice Prccidein The White J~Iousc 1600 Pennsy1v~nia Avern~e, NW Wa.shington~ DC 20502 Dea7 Mr. Addin~ton: Thank you for yo~ar telephone call this niomir4 rcgaTding the enclosed lcncrs of September 30. 2003 to Wliite~Housc Counsel Alberto Gonzales (“the Septcn~ber 30,2003 lett&) and of Octobei 2, 2003 to Wl~jte House Deputy Counsel David Leitih (“the Ociober 2,2003 Ietter~’) concerning the possible unauthorized discIo~ure ot chissi~ed information in ~he July 14, 2003 edition of the Chic-ago Sun-Thnts and the July 22, 2003 edition of Newsd~~y. As we discussed, this letter will confirm our understanding that the Office of the Vice ?resident has complied with the Sept~inber 30, 2003 letter. As we also discussod. the ~epartrnent of Juetice requests that the Office of the Vice ?resident Ukewisc produce all documents requested in the O~toher 2. 2003 Ictter that are in the possession of thc Office of the Vice Presidcnt, us staff, or its employees, pursuant to the schedule set forth in the October 2, 2003 JeLter. We further request that responsive documents be provided on a rollingbasis (i.e... as they are received by the Office of Counsel to the Vice President), including any responaive documents that may already have been provided to the Office of Counsel to the Vice .Presid~rfl. Thank you for your assi.stance in this matter. Please do not hesitate to call mc if you have any questions. Sincerely, (~~sistant Attorney G e C. Swart.~ ral Enclosures OCT-03—2003 •~ 97% P.01  << GX05306 >> OCT—032003 15:23 QVP -- P.06 • U.S. t~epsrUnenl of Justice Criminal Dvi~inn Scjncrnb~r 30. .2003 VIA FACSIMILE The Honorable Alberto ~on2~1es Counsel to the Presideni The White House Oflice of the Genexal Counsel ] 600 ~ennsyWania Avenue, NW Washingion, D.C. 20502 Deai Jud~t Gon~a1es: The Criminal Division of the Depanmeni ofiustice and the Federal BUTCaU of ]nvestigation aye conducting an inve~Lig~rion inio the possible unauthorized disclo5urc of classified information in a July 14. 2003 syndicaled article published in the Chk~go Sun-Times entitled ~Mission to Niger$~ authored by Robcn 0. Novak, and a July 22. 2003. Newsday ariicle entiTled ~Columnist Blows CIA Agent’s Cover,” authored by Timothy M. Phelps and Knut Royce. Documents in the possession of the White House. its stain and employees may contain information relevant to our investigation. As a follow-up to our oral request yesterday. I ant \VritiI~g to request your assistance. tn preseiving and m~intaining,for the tin~ie period February 1, 2002 to the present, all documents, TflClUdlflg without limitation all electronic Te~ordS, telephone records of any kind (including but not limite4 to any records that nt~morialize telephone calls having been made), coffespondence computer records, storage devices, notes, memoranda, and diary and calendar ej2trie&, Iha: Tel3lC tn any way to: I. Former U.S. Amha~sador 3oseph C. Wilson. bie trip to Ni~icr in February 2002. andlor his wife’s purported relationship with the Central lrnelligence Agcncy 2. Contacts with any member or representative of the news ynediz about Joseph C. Niger in Febru Wilson, his trip to ary 2002, and/or his wil’c’s purported i-elationship with ‘he Central ~nte1ligence Agency and 3. Contacts with rcponers Knut Royce, ?irnothy M. Phelps. or Robert D. Novak, or any individual(s) acting directly or indirectly, on behalf of these reporters. OCT—03—2003 14:2a a’?% P.02  << GX05307 >> OCT—G3-2003 15:23 OVP — P.07 The IIonc~r~bk A1h~rto Gonzalcs Page 2 A~ihou~h fcd~ra1 I~w I rnpo~s broad r~4uiremcn1s lbr p~cscrvmg docurncins cven 3~afl from the needs of any invesIi~ation, in the prcsenl circurns~ar~ces ~JI documezns rehxting. in any way) directly or indircct1y~ 10 these subjecis should be preserved, CVC31 if ihere would be a ~Uestion whethcr the document would be a presidential or federal rccord or even if its destruction might otherwise be permitted. At this time. we are only reqtiesiin~ that you ensure th~ re1en1io~ of these cords W~ appreciale your cooperation. If you have any questions regarding this letter, please contact Bruce C. Swariz, Deputy Assistant Attorney General, Criminal Division, at Sinee~lyy9urs. 2 / / h,~iitopher k~Jray - Assistant Attorney G eral 2 XT-0$-2003 14:23 ~ P.03  << GX05308 >> OCT—032003 15:24 OV? U.S. Departnient of Justice CnnunbJ DiviBjon fiap Wai’hinboA. b.~ 70530 Oc~tober 2, 2003 VIA FACSIM]LE The Honorabic David (3~ L.eitcb Deputy Aszisant to the President and Deputy Counsel to the President - White house Counsel’s Office The White House I 600 Pe~insy1vania Avenue. NW Wa~hingtoxi, D.C. 20502 De~z Mr. Lci~ch: As we ~isvi~ssed earlier today, I am writinS with ref ~en~e to Assistant Attorney Gener~J Wrsy~s letteT to 3u4e Gorizs]es of Septc~ber 30,2003 (“the SepterLbeT 30,2003 leneri. A~ you know, that letter requested the assistance of the Counse~s Office in identi~yin~, pr crvin~ and intain ngi documents and records in the possession of the White house, its staff~, an~ employees that may be relevant to our investigation into the possible unauthoxized disclosure of clnssifled information in the July 14, 2003 edition of the Chicago Sun-fines ~nd the July22. 2003 edition of New3day. It i~ beteby requested that aziy and all documents rcfetenczed in the September 30,2003 letter, including without limitation all electronic records, telephone records of any kind (including but not limited to any docum~ls that memorialize telephone call: having been niadeX coirespondence, computer records, storage devices. notes, memorand~ and diazy and cslendt~r ~ntsic3 in the possession of theBe veO cof he Pr sident, its sta1~ and employees be pro~.ided to prosecutors and FBI agents assigned to this invecti8a±lon, as follows: 1. no ]ater than October 10,2003, all doc~2ments regarding contacts of any kind with any member or representative of the news media about Joseph C. Wilsbn~ his ~ipto Niger itt 1~ruary 2002, ~m~dior his wife~s purponed relationship with the Central Intelligence Agency; 2. no later than October 10, 2003, all documents regarding contacts with reporters ~nut Royce, Timothy M. Phelps, or Robert D. Novak. or any individual(s) acting directly or P.04 oC’r-O3—20O~ 14:25  << GX05309 >> OCT—O3—2OO~ 15:24 OVP P.09 a.- The H~rnamMt D~vid 0. Leitch ~eputy Counsel to the President Page 2 indirectly. on behalf~of these reporters. for thc dine period July 1 thzough July 31, 2003, inclusive; and 3. no later th~ October 17. 2003, all other doeuments referenced in the September 30, 2003 letter. Ac to each of the foregoing categories, we request that responsive documents be provided on a roIlffi~ basi~ (Le., as they ~e received by the Of~ee of White House Counsel). including ~ny resp ~give dorumnerns that rn~y already have been provided to the Office of Whitt HouseCounsel. Thank you for your cooperation in this matter. Please do not he~itaIe to call me if you have any que~tiona. e1y~ c~ Swartz Assistant Art General 1’ — 0C’T-03’-200$ 14~3 P.05  << GX05310 >> F. 10 OCT0~ZOQ3 j5:24 OVP ATTACflMENT2 I’ .-Y  << GX05311 >> OCT—03—2003 15:24 011? — P.11 GIERTIFICATION BY BMFLOYEE, ASS1GNE~ OR DETAILEE (in response to Department of Justice Request of October 3, 2003) NOTE: The aftorneys in the Office of Counsel to the Vice President are attorneys fat the Vice President in his official capacities and are not.private attorneys for anyone. Thc attorney-client privilege does not extend to. communications by government employees to government attorneys whcn such communications are sought for a Federal criminal investiganon. Check one item as appropriate, sign, and date, and submit to Counsel to the Vice President by the close of business on Tuesday. October 7. 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 October 3, 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 October 3, 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.] 1-~ Signature of Employee. Assignee or Detailee Date Making Certification Above • Printed Name: _____________________________ Telephone No.: . -