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July 2, 1995: Former BATF Head Defends Waco Raid

Stephen Higgins, the former head of the Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes abbreviated ATF), publishes an op-ed for the Washington Post explaining why his agency mounted a raid on the Branch Davidian compound outside of Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Higgins says he wrote the piece after watching and reading about the public reaction to the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which many claim was triggered by the Waco debacle (see April 19, 1993). Higgins says a raft of misinformation surrounds the BATF raid on the Davidian compound, and gives his rationale for the raid.
BATF Did Not Instigate Investigation into Davidians - “[D]espite what fundraisers at the National Rifle Association would have us believe, the [B]ATF is not part of some sinister federal plot to confiscate guns from innocent people,” he writes. The agency was alerted to the Davidians’ stockpiling of weapons by reports from a local deputy sheriff, who heard from a United Parcel Services driver that a package he delivered to the Davidians contained grenade parts (see November 1992 - January 1993), and earlier deliveries included black gunpower, firearms parts, and casings. “[C]onspiracy theorists had best include the local sheriff’s office and UPS as part of the collusion,” Higgins writes. In addition, the day before the raid, the Waco Tribune-Herald began the “Sinful Messiah” series of reports on the Davidians and their leader, David Koresh (see February 27 - March 3, 1993), which detailed, Higgins writes, “the potential danger the group represented to the community as well as, somewhat ironically, the failure of local law enforcement agencies in addressing the threat. (The conspiracy now would have to include the local newspaper publisher!)”
Davidians Posed Clear Threat to Community - Higgins says that it would have been dangerous to assume that the Davidians were peaceful people who did not plan to actually use the weapons they were amassing, and repeats the claim that Koresh said in late 1992 that “the riots in Los Angeles would pale in comparison to what was going to happen in Waco” (see December 7, 1992). Higgins goes on to say that during the 51-day siege, Koresh alluded to a previous plan to blow up the dam at Lake Waco, that Koresh wanted to provoke a confrontation with the BATF, and had at one point considered opening fire on a Waco restaurant to provoke just such a conflict.
BATF Feared Mass Suicide - Higgins notes that the BATF, like the FBI, feared the possibility of “mass suicide” (see February 24-27, 1993, Around 4:00 p.m. February 28, 1993, March 5, 1993, March 7-8, 1993, March 12, 1993, (March 19, 1993), and March 23, 1993), and gives several examples of cults who have carried out just such mass suicides.
Disputes Claims that BATF Fired First Shots - Higgins disputes the claims “that the Davidians were only defending themselves when they shot and killed four [B]ATF agents and wounded numerous others” during the February 1993 raid. He notes that investigations have shown that all four BATF agents were killed by Davidian gunfire (see February 2000) and not “friendly fire,” as some have alleged, and asks, “[W]hat possible excuse could there have been for the Davidians even taking up arms—let along using them—upon learning inadvertently from a TV cameraman that ATF agents were on their way to serve warrants?” Had the Davidians allowed the BATF agents to serve their warrants, “there would have been no subsequent loss of life on either side.” He goes on to say that it was the Davidians, not the BATF, who first opened fire, as a Treasury Department report has confirmed (see Late September - October 1993). He writes that for BATF agents to have merely “driven up to the compound and politely asked to conduct a search without displaying any firearms” would have been “dangerous and potentially suicidal.”
Using Waco as an Excuse for Violence - Higgins concludes that people like Timothy McVeigh, the Oklahoma City bomber, do not decide to do violence to innocent people because of tragedies such as the Davidian incident, but “use it as an excuse for their behavior.” He notes that after the Oklahoma City bombing, someone called it a “damned good start.” He says perhaps the upcoming hearings on the Waco tragedy (see Late July 1995) might influence some of these people: “By seeing the faces of the survivors and reading their stories, maybe those who so vehemently rail against government authority in general, and government workers in particular, will come to understand better that those people they’ve been so quick to criticize have real faces and real families. They car-pool to work. They coach Little League sports. They mow their lawns. They’re the family next door that waters your plants and takes in your mail while you’re away. No one deserves to have their life placed in jeopardy simply because they work in, or happen to be passing by, a government office. And no one, not even law enforcement officers who get paid for risking their lives, deserves to be targeted by violent extremists threatening to kill them simply for doing their jobs.” For others, like radio talk show host G. Gordon Liddy, who has advised his listeners to shoot BATF agents in the head because they wear bulletproof vests (see August 26 - September 15, 1994), “I doubt there’s much hope,” Higgins writes. He says that Liddy’s excuse that he was talking strictly about self-defense doesn’t wash; some angry and unstable individuals might well take Liddy’s words literally. Higgins compares Koresh to mass murderers such as Charles Manson and David Berkowitz (“Son of Sam”), and concludes: “We can’t change the outcome of what happened at Waco, but we have a responsibility not to ignore simple fairness and compassion in our search for the truth. If there is to be another hearing on Waco, let’s hope it’s for the purpose of examining the facts and learning from the tragedy, not merely to please one more special interest group with an anti-government agenda.” [Washington Post, 7/2/1995]

Entity Tags: US Bureau of Alcohol, Tobacco, Firearms and Explosives, David Koresh, G. Gordon Liddy, Branch Davidians, Stephen Higgins, Washington Post, Waco Tribune-Herald, Timothy James McVeigh, National Rifle Association

Timeline Tags: 1993 Branch Davidian Crisis

Newsweek publishes a column by Colonel David Hackworth, who regularly writes on military matters for the magazine. Hackworth recently visited accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) in prison (see May 11, 1995). McVeigh and his lawyer Stephen Jones were featured in a recent issue of Newsweek as well (see June 26, 1995). Hackworth includes little of the actual words of the interview in this column, and spends most of his time giving his impression of McVeigh. He is ambivalent at best, lauding McVeigh’s military record and his ramrod-straight appearance, but speculative at best about McVeigh’s professed innocence. When he talked to McVeigh at the El Reno Federal Corrections Center, he writes, “I realized my gut feeling was right. He has what a lot of soldiers, good and bad, have: fire in the belly. When we talked about the military, a change came over him: McVeigh suddenly sat straight in his chair. The Army, he says, ‘teaches you to discover yourself. It teaches you who you are.’ I know what he means. To warriors, the military is like a religious order. It’s not a job. It’s a calling. Not too many people understand that calling or have what it takes.” Hackworth believes that after McVeigh returned from serving in Desert Storm (see March 24, 1988 - Late 1990 and January - March 1991 and After), he “slipped into what’s known among vets as a postwar hangover[. I’ve] seen countless veterans, including myself, stumble home after the high-noon excitement of the killing fields, missing their battle buddies and the unique dangers and sense of purpose. Many lose themselves forever.” He notes that McVeigh voluntarily washed himself out of Special Forces training (see January - March 1991 and After), “but seemingly accepted his defeat stoically. Did his failure drive him over the edge? Maybe, but McVeigh says no: ‘It wasn’t the straw that broke anything.’ He planned to get in shape and come back. Still, something snapped.” Hackworth writes that McVeigh left the Army because of the postwar letdown and the Army’s “drawdown” of personnel (see November 1991 - Summer 1992), and was particularly troubled by his comrades leaving the service. He quotes McVeigh as saying, “You can literally love your battle buddies more than anyone else in the world.” Hackworth adds: “When they shipped out he was devastated, wondering if he’d made a mistake by staying in the military. Losing your war buddies is like losing an arm or a leg—or a loved one. McVeigh may have been crushed by the amputation.” From there, Hackworth writes, McVeigh “couldn’t adjust to civilian life,” and notes: “I’m no shrink, but I’ve seen this failure to adapt many times before. The rules change on you. You’re used to order—having a dear objective, knowing just how to get the job done. Then you’re on your own in a different world, with no structure and little exact sense of what you’re supposed to do.” None of this excuses or even explains the crimes McVeigh is accused of committing, he writes, and concludes: “The Timothy McVeigh I talked with didn’t seem like a baby killer. He was in high combat form, fully aware that his performance in the interview was almost a matter of life and death. If he’d been in combat, he’d have a medal for his coolness under fire. He might also be the most devious con man to ever come down the pike. At times McVeigh came across as the boy next door. But you might never want to let him into your house.” [Newsweek, 7/3/1995] Hackworth’s column contains much the same information he gave PBS’s Charlie Rose in a recent interview (see June 26, 1995). In a harsh critique of Hackworth’s military writing, Slate writers Charles Krohn and David Plotz will call his column on McVeigh “astonishingly sympathetic,” and will mock Hackworth’s “postwar hangover” explanation of McVeigh’s alleged bombing. [Slate, 11/28/1996] Although the interview is dated July 3, the issue of Newsweek containing it appears on June 26.

Entity Tags: Timothy James McVeigh, Charlie Rose, Charles Krohn, David Hackworth, Stephen Jones, David Plotz, El Reno Federal Corrections Center

Timeline Tags: US Domestic Terrorism

James Rosencrans, a former neighbor of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), tells reporters that McVeigh’s friend, Michael Fortier (see May 19, 1995), attempted to make him an unwitting accomplice in a robbery that investigators believe was carried out to help finance the bombing (see November 5, 1994). Rosencrans, who has had at least one incident with law enforcement authorities as a result of the investigation into the bombing (see May 1, 1995), has turned over a rare rifle from the robbery to investigators, who believe accused co-conspirator Terry Nichols gave him the rifle (see Before July 3, 1995). Rosencrans has testified before the federal grand jury hearing evidence against McVeigh and Nichols. Fortier is also cooperating with authorities in return for reduced charges. The rare rifle, a customized Winchester .22-caliber, was given to Rosencrans along with two other firearms by Fortier, who once shared a trailer home with McVeigh next door to Rosencrans in Kingman, Arizona. “I believe he was trying to stick me with the rifle,” Rosencrans says. “I feel like I’m being played. I thought he was my friend.” Rosencrans says he knows “at least six people” in Kingman who had also gotten guns from Fortier. Rosencrans calls them “normal, everyday citizens,” who are “afraid of getting sucked in.” Rosencrans tells reporters that about a month before the bombing, McVeigh called Fortier to ask if Rosencrans could drive McVeigh for “maybe five or 10 hours” to an unspecified place and drop him off. Then, Rosencrans was to go to the nearest airport and “leave the car there.” Rosencrans recalls: “I said: ‘Leave the car there? What the hell for? Why don’t I just keep it?’” Rosencrans says he refused to drive McVeigh. [New York Times, 7/6/1995] Rosencrans tells reporters he fears he is the target of “a witch hunt” by federal agents whom, he says, are eager to implicate him in the bombing conspiracy. Of his grand jury testimony, he says the investigators “grilled me for four hours and then gave me four minutes on the stand. I went down there to help these guys. They treated me like a criminal, and then they ignored me when I got there.” The agents, he says, “are up to something.” He says he has refused to name anyone else who might have obtained guns from McVeigh or Fortier, and would continue to do so. “The Feds seem to think that there are 30 or 40 people involved in this thing, but they could just be somebody who happened to know somebody,” he says. “It’s a sad day in America when everything’s guilt by association.” [New York Times, 7/7/1995]

Entity Tags: Michael Joseph Fortier, James Rosencrans, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Federal prosecutors formally notify Oklahoma City bombing suspect Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995) that they intend to seek the death penalty against him in his upcoming trial. Prosecutors send a letter to McVeigh’s lead lawyer, Stephen Jones, advising that McVeigh will be indicted before August 11 with “one or more crimes potentially punishable by death.” The letter is signed by Patrick M. Ryan, the US Attorney in Oklahoma City. Government officials, including President Clinton and Attorney General Janet Reno, have said they would press for the death penalty against the person or persons responsible for the bombing (see 4:00 p.m., April 19, 1995 and April 22, 1995). The announcement ends speculation that the prosecution might take the death penalty off the table if McVeigh pleads guilty and cooperates with the investigation. While the prosecutors can seek the death penalty, only the trial jury can impose it, if it so chooses. Jones calls the decision to seek the death penalty a “charade,” saying that the decision was made by Clinton and Reno months ago. In a response to Ryan, Jones writes, “For us to reasonably believe that any type of fair review is to be conducted would require us to accept that you, as a nominee of the president for the position you hold, and the attorney general’s Capital Review Committee, appointed by Ms. Reno, would reach a decision and recommendation which overrides the president and the attorney general’s own public commitment.” Prosecutors have not yet decided whether to invoke the death penalty against McVeigh’s accused co-conspirator, Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995). Nichols’s attorney Michael Tigar says he is preparing his defense as if it will be a death-penalty case. [New York Times, 7/12/1995] Two days later, defense lawyers for Nichols inform reporters that the federal government will also seek the death penalty against Nichols. [New York Times, 7/14/1995]

Entity Tags: Terry Lynn Nichols, Janet Reno, Michael E. Tigar, Stephen Jones, Timothy James McVeigh, William Jefferson (“Bill”) Clinton, Patrick M. Ryan

Timeline Tags: US Domestic Terrorism

Stephen Jones, the lead lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), says he will attempt to get McVeigh’s trial moved out of Oklahoma. McVeigh faces the death penalty if convicted of crimes related to the bombing (see July 11-13, 1995). Jones says he has in mind sites well away from Oklahoma City, including New Mexico, Oregon, Washington, West Virginia, and the city of San Francisco. “These are places where there has been way less than the usual media coverage,” Jones says. “I haven’t been contacted by a single person from any of those states, in terms of the media.” US Attorney Patrick Ryan has said McVeigh and his accused co-conspirator, Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995), could get fair trials in Oklahoma, and that to move the trial would “further victimize the victims,” whose family members would likely testify during the sentencing phase of the trials if either or both are convicted. Jones says: “That is not a factor used in measuring where trials are held.… We have three criteria. The contents of what has been carried in the media in those states, the facilities to hold trials, and whether there was a nearby federal prison that could accommodate security concerns.… I definitely think we should not be in Oklahoma.” [New York Times, 7/18/1995]

Entity Tags: Patrick M. Ryan, Terry Lynn Nichols, Timothy James McVeigh, Stephen Jones

Timeline Tags: US Domestic Terrorism

Oklahoma City bombing suspect Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995) refuses to give prosecutors a handwriting sample. He is transported from the El Reno Federal Corrections Center, about 25 miles west of Oklahoma City, to a courtroom in Oklahoma City, where he refuses to provide the sample. Prosecutors say the handwriting sample could be compared to a receipt for the rental of the Ryder truck used to plant the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). The courtroom, across the street from the targeted Murrah Federal Building, still has rough wooden plywood covers for many of its blown-out windows and is adorned with purple mourning ribbons. One man in the building wears a T-shirt that reads on the front, “In Memory, April 19, 1995.” The back reads, “A society that makes war against its police had better learn to make friends with its criminals.” McVeigh’s lawyer, Stephen Jones, argues that McVeigh should not have to provide a handwriting sample on the grounds that it may violate his rights against self-incrimination. Jones also says that McVeigh has written only in block letters since before joining the military in 1988 (see March 24, 1988 - Late 1990), and that a handwriting sample in cursive letters would require more than a mechanical effort by his client. Prosecution assistant Sean Connelly reminds the court that the grand jury investigating the case has requested the sample, and calls it a “very routine” test. “We are not probing his mind or thought processes,” he says. “If he says he can’t spell ‘no,’ we’ll tell him N-O.” Judge David Russell finally rules that McVeigh will give the sample. “I’m going to order the defendant to comply with the subpoena of the grand jury,” he says. “I don’t see any reason to wait. The law is clear.” To McVeigh, he says, “Failure to comply could be used against you, not just in a contempt proceeding but as evidence in a trial.” When McVeigh again refuses to give the sample, Russell orders him charged with contempt of court and gives the defense five days to respond to the contempt charge. [New York Times, 7/19/1995]

Entity Tags: Murrah Federal Building, David L. Russell, Sean Connelly, El Reno Federal Corrections Center, Timothy James McVeigh, Stephen Jones

Timeline Tags: US Domestic Terrorism

Judge Martha A. Bethel, a municipal judge in western Montana, writes of her experiences with the Montana Freemen (see 1993-1994). She characterizes them as one of several “hate groups” that operate in Montana alongside the Montana Militia (see January 1, 1994 and February - March 1995) and others, and says the Freemen are little more than “terrorists.” She writes that in January 1995, a “Freeman” appeared in her court on charges related to outstanding traffic tickets. He refused to cooperate with the court proceedings, she writes, and said he was “not in any way bound by the laws of Montana.” In March, he filed legal documents asserting that Bethel had violated her oath of office. The documents, she writes, “recounted a hearing held before ‘justices’ of a ‘common law’ court, one of a number of tribunals created in Montana recently by the fringe groups that claim they have jurisdiction over our district and local courts. The ‘Ravalli County Court, Common Law Venue, Supreme Court, Country of Montana’ demanded that I dismiss the charges within 10 days or a warrant would be issued for my arrest. On the same day, the documents were filed in several other courts as well.” Subsequently, Bethel writes, she was threatened with kidnapping and trial before the “common law court,” and promised she would be sentenced for “treason.” One telephone caller told her, “Don’t come to Darby tonight for court tonight, or you won’t be leaving.” Other court officials were threatened: “[S]omeone threatened to shoot a justice of the peace in the head. A deputy county attorney was warned that his home would be burned and that he would be shot in the back. Our district judge heard threats, to his face, that he would be hanged in the city park.” An unknown person followed Bethel home after one night court session, and shortly thereafter someone called her to tell her that the Freemen knew where she lived. Bethel has received dozens of threatening phone calls as well as calls “from concerned citizens warning me of what they heard would happen to me or my home.” Callers have threatened to “riddle [her] home with gunfire.” She has received instructions from the police on how to hide from armed assailants, and once was advised to leave the county after police learned of a planned attack on her house. Recently, a federal law enforcement agency informed her that a contract for her murder had been issued, probably by someone involved with the Freemen. Bethel has twice sent her three pre-teenaged children to live with their father for a week to keep them safe. She says she and many of her fellow court officials and citizens “share a sinking feeling of helplessness” that little is being done to address the situation (see April 1995). “I used to enjoy hearing the deer, bears, and other animals move about at night without a second thought, other than expressing thanks for the beautiful place in which I live,” Bethel writes. “Now, when I hear deer giving their warning calls, or when I hear animals moving through the brush in the woods, I worry if an intruder is frightening them.” She concludes: “This has been a living nightmare. As judges, we all expect to deal with disgruntled people who refuse to take responsibility for their actions. But who in their right mind would choose to serve their community when the community becomes defenseless in the face of such terrorism?” [New York Times, 7/20/1995]

Entity Tags: Montana Freemen, Martha A. Bethel

Timeline Tags: US Domestic Terrorism

Kiri Jewell and her father David Jewell, in an undated photo.Kiri Jewell and her father David Jewell, in an undated photo. [Source: Life]A 14-year-old girl, Kiri Jewell, testifies to Congress about her experiences as a youthful member of the Branch Davidian sect near Waco, Texas. Jewell, who left the compound months before the conflagration that destroyed it and burned scores of her former fellow Davidians to death (see April 19, 1993), testifies that since age 10, leader David Koresh forced her to have sex with him. One of the reasons for the Congressional hearings, according to the Waco Herald, is to diminish the aura of martyrdom and celebrity Koresh enjoys among some Americans, particularly those on the radical right (see May 15, 1995). Jewell’s testimony is intended to demonstate that, as the Herald writes, Koresh “used the sect as a cover for rape.” Jewell is accompanied by her father; her mother Sherri died in the flames. She says she was five when her mother took her to Waco to join the Davidians. Koresh was obsessed with two things, she testifies: the Biblical Apocalypse and sex. “David was planning to lead the group to Israel to re-take Jerusalem,” she says. “He taught that there would be a big battle between the forces of the world and his people.” She recounts stories of Koresh using a wooden stick to “discipline” children. “It was called Kelper,” she recalls. She and her mother slept with Koresh in the same bed, she testifies, and says she has a childhood friend who at age 14 “ha[d] a baby for David.” She began being sexually abused by Koresh at age 10, she recounts, and recalls her first encounter. “He kissed me. I just sat there, but he then laid me down” on a bed, she testifies. After their encounter ended, he had her take a shower and then read from the Bible. She recalls, “He sat on the bed and read the Song of Solomon.” He later told her: “King David from the Bible would sleep with young virgins to keep him warm.… I had known this would happen sometime, so I just laid there and stared at the ceiling. I was 10 when this happened.” [Waco Tribune-Herald, 3/3/1993; Waco Leader, 7/21/1995] Jewell’s father David won a custody case in Michigan in 1992, and local authorities forced Koresh to relinquish the girl to her father’s custody (see February 27 - March 3, 1993). In 2003, Kiri Jewell will recall learning how to use a pistol to commit suicide from Koresh. “You didn’t want to stick the gun to your temple because you might live,” she will recall. “You wanted to stick it in your mouth and point up. He never was very specific but at some point, we were gonna have to die for him. I didn’t expect to live past 12.” [Western Mail, 4/18/2003]

Entity Tags: Branch Davidians, David Koresh, Kiri Jewell, David Jewell

Timeline Tags: 1993 Branch Davidian Crisis

Two Congressional subcommittees begin 10 days of joint hearings in an attempt to provide “a full accounting” of what happened at the Branch Davidian compound near Waco, Texas (see April 19, 1993). [Fort Worth Star-Telegram, 7/21/2000] The hearings conclude that the Davidians, and not federal officials, caused the fires that swept through the compound and killed almost 80 Davidians (see August 4, 1995).

Entity Tags: US Congress, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

Timothy McVeigh’s sister Jennifer McVeigh testifies before the federal grand jury investigating the Oklahoma City bombing. Her brother is charged with bombing the Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, April 24, 1995, and July 11-13, 1995). Her testimony clears her of any suspicion that she may have been involved in the conspiracy to bomb the building. “She’s not a target,” says her attorney, Joel Daniels. Jennifer McVeigh’s testimony is not made public. She has previously told the FBI that her brother told her he almost died in 1994 while driving a car loaded with explosives (see December 18, 1994). She has said that her brother asked her to take two $100 bills to a bank and exchange them for smaller amounts so he could get rid of money stolen in a bank robbery (see 3:15 p.m. and After, April 21-22, 1995). Prosecutors were expected to ask her about her brother’s expressed hatred toward the federal government (see Mid-December 1994) and about the contents of 20 letters he sent her, including one where he warned her about possible law enforcement surveillance. Some of the letters expressed McVeigh’s disgust and frustration with the handling of the 1993 Branch Davidian standoff (see April 19, 1993 and April 19, 1993 and After). After she completes her testimony and the grand jury declines to indict her, prosecutors give Jennifer McVeigh a grant of immunity for her testimony in her brother’s upcoming trial. [Washington Post, 8/3/1995; Stickney, 1996, pp. 242; Fox News, 4/13/2005] Witnesses in the court building say that when she leaves the grand jury chambers, she is in tears; court officers prevent reporters from attempting to question her as she runs into a restroom. Federal investigators have described her as polite but not forthcoming in previous interrogations. [New York Times, 8/4/1995; Stickney, 1996, pp. 242]

Entity Tags: Timothy James McVeigh, Jennifer McVeigh, Joel L. Daniels, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

The House of Representatives concludes a 10-day series of hearings on the series of events that concluded with the fiery deaths of scores of Branch Davidian members near Waco, Texas (see April 19, 1993 and Late July 1995). The hearings do not find evidence of a White House-driven conspiracy to either destroy the Davidians or cover up the truth of the matter, as some Republican House members had predicted. An Orlando Sentinel article says that many of the questions from those House Republicans “seemed fueled more by politics than any true desire to ensure that the government avoid future fiascos a la Waco.” The hearings determined that President Clinton did not micro-manage the events of the siege and ultimate assault, nor did they find evidence that Clinton ordered the assault to prove, as some House members alleged, that his administration is “tough on crime.” Committee co-chair Bill McCollum (R-FL) acknowledged at the end of the hearings that the raid, siege, and final conflagration were caused by a string of blunders by federal law enforcement agencies. Attorney General Janet Reno testified as to why the FBI’s final assault seemed at the time to be the best approach; her overriding concern was to remove Davidian leader David Koresh without harming the children inside the compound. A Davidian who survived the fire testified that the fires that devastated the compound were started under orders from Koresh. [Orlando Sentinel, 8/4/1995] In emotional testimony before the House, former Bureau of Alcohol, Tobacco and Firearms (BATF) agent Robert Rodriguez, who served as an informant for the BATF inside the Davidian compound, said he was angered and dismayed by his superiors’ decision to raid the compound even though the Davidians knew they were coming (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Rodriguez testified that two of his then-superiors, Philip Chojnacki and Charles Sarabyn, lied to the committee when they said they did not know that the Davidians had been alerted to the February raid. Chojnacki and Sarabyn were fired for their mismanagement of the BATF raid and for covering up evidence of their malfeasance (see Late September - October 1993), but were subsequently rehired (see December 23, 1994). Rodriguez said: “Two years I’ve waited for this.… It let me get everything out.” The events of that raid and the subsequent actions, he said, were “tearing me up inside.” [Chicago Tribune, 7/25/1995] In 1999, the FBI will admit to lobbing two pyrotechnic grenades into the compound during the April assault, though the bureau will deny that the grenades started the fires (see August 25, 1999 and After).

Entity Tags: Philip Chojnacki, Charles Sarabyn, Branch Davidians, Bill McCollum, David Koresh, Janet Reno, William Jefferson (“Bill”) Clinton, US House of Representatives, Robert Rodriguez, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Stephen Jones, the attorney representing accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), says that an unidentified leg found in the rubble of the Murrah Federal Building might belong to “the real bomber.” [Indianapolis Star, 2003; Fox News, 4/13/2005] The leg and foot are clad in a combat boot. A medical examiner’s statement says in part: “This leg was clothed in a black military type boot, two socks, and an olive drab blousing strap. Anthropological analysis of this specimen reveals the individual to be light skinned, dark haired, probably less than 30 years of age, male (75 percent probability), and having an estimated height of 66 plus or minus three inches.” Examiner’s office official Ray Blackeney says that the leg was found on May 30, after the building was demolished (see 7:01 a.m. May 23, 1995). “I knew about it,” he says. “We all knew about it here at the Medical Examiner’s.” [New York Times, 8/7/1995; New York Times, 8/8/1995] Jones tells reporters: “There may be a logical explanation for the leg, but none comes to mind. There are no persons unaccounted for. It could have been a drifter nobody knows anything about. It could have been the individual that drove the vehicle used in the explosion. The third possibility is that this person was with the person driving [the vehicle].” [New York Times, 8/7/1995; Washington Post, 8/8/1995; New York Times, 8/8/1995] In late August, the examiner’s office will reveal that the leg belonged to an African-American female, contradicting portions of its earlier reporting. Frederick B. Jordan, the chief of the examiner’s office, will tell reporters, “DNA analysis by the FBI has shown conclusively that the left leg is not male but female.” Hair analysis has proven that the victim was African-American. Jones will tell reporters that the new information destroys any confidence one could have “in any of the forensic work in this case.” [New York Times, 8/31/1995] In February 1996, experts will determine that the leg belonged to a previously identified victim (see February 21, 1996 and February 24, 1996). [Fox News, 4/13/2005]

Entity Tags: Stephen Jones, Ray Blackeney, Murrah Federal Building, Frederick B. Jordan, Federal Bureau of Investigation, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Michael Fortier, a friend of Oklahoma City bomber Timothy McVeigh who participated to an extent in the planning of the bombing (see March 24, 1988 - Late 1990, March 1993, May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, December 16, 1994 and After, 8:35 a.m. - 9:02 a.m. April 19, 1995, April 19, 1995 and After, After May 6, 1995, and May 19, 1995), testifies to a grand jury about his involvement in the bombing plot. Fortier’s wife Lori also testifies; her attorney, Mack Martin, says: “Her testimony had nothing to do with Mr. Fortier. Her testimony had to do with other people involved in the bombing.” She has been given given a grant of immunity in return for her testimony. Michael Fortier tells the jury of his visit to the Murrah Federal Building with McVeigh to reconnoiter the building, and admits that McVeigh told him he intended to bomb the building (see December 16, 1994 and After). He has pled guilty to illegal firearms trafficking, knowledge of the bombing, and lying to federal agents (see April 19, 1995 and After and April 23 - May 6, 1995). [New York Times, 8/7/1995; Washington Post, 8/9/1995; Washington Post, 8/11/1995; Mickolus and Simmons, 6/1997, pp. 811; Serrano, 1998, pp. 245; Douglas O. Linder, 2001; Fox News, 4/13/2005] McVeigh’s lawyer Stephen Jones says Michael Fortier is anything but a credible witness, and notes that Fortier has previously said in a television interview that he did not think McVeigh had any involvement in the bombing (see May 8, 1995). [Washington Post, 8/9/1995] Instead, Jones says in a court filing that the grand jury should begin looking for evidence of a “broad domestic or foreign conspiracy to bomb the Oklahoma City Federal building” by demanding intelligence reports on Iran and other avenues of investigation (see 10:00 a.m. April 19, 1995 and After). [New York Times, 8/9/1995] Fortier’s lawyer, Michael McGuire, will say his client came forward out of guilt and remorse. “There is no expression of grief or words sufficient to describe his anguish over the responsibility he feels for knowing about the plans to bomb the Murrah building,” McGuire will say. “The defining thing that made him want to cooperate was his conscience.” Jones says, “I think any time the government has to give two [potential] co-defendants a pretty good deal, there are weaknesses in the case.” Fortier faces a maximum of 23 years in prison and fines totaling $1 million. [Washington Post, 8/11/1995] Through his lawyers, Fortier cut a deal to testify if he was assured he would not be charged as a co-conspirator in the plot, though prosecutors refused to grant him full immunity. Some observers have speculated that Fortier may have agreed to cooperate if prosecutors granted his wife immunity [New York Times, 6/21/1995; New York Times, 8/7/1995] , a deal later confirmed by reporters. [New York Times, 8/8/1995] Lori Fortier tells grand jurors about witnessing McVeigh conduct a demonstration using soup cans on her kitchen floor that illustrated the effects of a massive bombing (see (February 1994)). McVeigh, she says, arranged soup cans to simulate the pattern he could make with barrels of explosives. McVeigh placed the soup cans in a triangle, she says, to direct the force of an explosion at a desired target, with two of the three points of the triangle flush against the side of the truck to maximize the damage. Michael Fortier did not witness the demonstration, she testifies. She also says that McVeigh once drew a diagram that showed how to blow up a building. [New York Times, 9/4/1995; Serrano, 1998, pp. 91] Both the Fortiers will repeat their testimony in McVeigh’s trial (see May 12-13, 1997).

Entity Tags: Michael McGuire, Mack Martin, Murrah Federal Building, Lori Fortier, Timothy James McVeigh, Stephen Jones, Michael Joseph Fortier

Timeline Tags: US Domestic Terrorism

A federal grand jury indicts Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995) on 11 counts of murder and conspiracy. Neither McVeigh nor Nichols are present during the hearing. The grand jury is only empowered to bring federal charges; the eight murder charges are in regards to the eight federal agents slain in the bombing: Secret Service agents Mickey Maroney, Donald Leonard, Alan Whicher, and Cynthia Campbell-Brown; DEA agent Kenneth McCullough; Customs Service agents Paul Ice and Claude Madearis; and Paul Broxterman, an agent in the Office of the Inspector General at the Department of Housing and Urban Development. Both Nichols and McVeigh are expected to face 160 counts of murder brought by the state of Oklahoma; both will plead not guilty to all counts of the indictment (see August 15, 1995). The indictment levels the following charges:
bullet on September 30, 1994, McVeigh and Nichols purchased 40 50-pound bags of ammonium nitrate (2,000 pounds in total, or one ton) in McPherson, Kansas, under the alias “Mike Havens” (see September 30, 1994);
bullet on October 1, 1994, McVeigh and Nichols stole explosives from a storage locker in Marion, Kansas (the actual date of the theft is October 3—see October 3, 1994);
bullet on October 3-4, 1994, McVeigh and Nichols transported the stolen explosives to Kingman, Arizona, and stored them in a rented storage unit (see October 4 - Late October, 1994);
bullet on October 18, 1994, McVeigh and Nichols bought another ton of ammonium nitrate in McPherson, Kansas, again using the “Mike Havens” alias (see October 18, 1994);
bullet in October 1994, McVeigh and Nichols planned the robbery of a firearms dealer in Arkansas as a means to finance the bombing, and on November 5 they “caused” firearms, ammunition, coins, cash, precious metals, and other items to be stolen from gun dealer Roger Moore (see November 5, 1994);
bullet on December 16, 1994, McVeigh drove with Michael Fortier to Oklahoma City and identified the Murrah Federal Building as the target of the upcoming bombing (see December 16, 1994 and After);
bullet in March 1995 McVeigh obtained a driver’s license in the name of “Robert Kling,” bearing a date of birth of April 19, 1972 (see Mid-March, 1995);
bullet on April 14, 1995, McVeigh bought a 1977 Mercury Marquis in Junction City, Kansas, called Nichols in Herington, Kansas, used the “Kling” alias to set up the rental of a Ryder truck capable of transporting 5,000 pounds of cargo, and rented a room in Junction City (see April 13, 1995);
bullet on April 15, 1995, McVeigh put down a deposit on a rental truck under the name of “Robert Kling” (see April 15, 1995);
bullet on April 17, 1995, McVeigh took possession of the rental truck in Junction City (see 3:00 - 5:00 p.m. April 17, 1995);
bullet on April 18, 1995, at Geary Lake State Park in Kansas, McVeigh and Nichols constructed the truck bomb using barrels filled with ammonium nitrate, fuel, and other explosives, and placed the cargo in the compartment of the Ryder truck (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995);
bullet on April 19, 1995, McVeigh parked the truck bomb directly outside the Murrah Building during regular business hours; and
bullet on April 19, 1995, McVeigh “caused the truck bomb to explode” (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
The indictment accuses McVeigh and Nichols of plotting the bombing “with others unknown to the Grand Jury.” It does not mention the person identified earlier as “John Doe No. 2” (see June 14, 1995). The grand jury says it is confident others, as yet unidentified, also participated in the plot. Lead prosecutor Joseph Hartzler says: “The indictment mentions unknown co-conspirators. We will try to determine if there are others who aided and abetted this crime.” After the indictments are handed down, Attorney General Janet Reno says: “We will pursue every lead based on the evidence.… [M]ost of these leads have been pursued and exhausted.… [W]e have charged everyone involved that we have evidence of at this point.” Prosecutors say that while others may well have been involved, the plot was closely held between McVeigh and Nichols. US Attorney Patrick Ryan has already announced he will seek the death penalty against both McVeigh and Nichols (see July 11-13, 1995), a decision supported by Reno (see 4:00 p.m., April 19, 1995). A third conspirator, Michael Fortier, has pled guilty to lesser crimes regarding his involvement; Fortier has testified against McVeigh and Nichols in return for the lesser charges (see May 19, 1995 and August 8, 1995), and defense lawyers are expected to assail Fortier’s credibility during the trials (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995). Nichols’s lawyer Michael Tigar says, “Terry Nichols is not guilty of the allegations of which he is charged,” calls the case against his client “flimsy” and “irresponsible,” and accuses prosecutors of attempting to try his client “in the national media.” Periodically, Tigar holds up hand-lettered signs reading, among other messages, “Terry Nichols Wasn’t There” and “A Fair Trial in a Fair Forum.” Prosecutors have dropped all charges against Nichols’s brother James Nichols, who was indicted on three related explosive charges (see December 22 or 23, 1988, April 25, 1995, and May 11, 1995). US Attorney Saul A. Green says that “additional investigation failed to corroborate some of the important evidence on which the government initially relied.” [Washington Post, 8/11/1995; New York Times, 8/11/1995; Stickney, 1996, pp. 189-191; Mickolus and Simmons, 6/1997, pp. 811; Washington Post, 12/24/1997; Serrano, 1998, pp. 245; Douglas O. Linder, 2001] McVeigh’s lawyer, Stephen Jones, tells reporters after the hearing that he has been in contact with a man who, he says, told the government early in the fall of 1994 of plans to blow up federal buildings. This man, Jones says, was given a “letter of immunity” by the authorities in exchange for information involving a trip he had taken to Kingman, Arizona, Fortier’s hometown, and for information about his discussions with potential bombers whom, Jones says, the man had described as either “Latin American or Arab.” Jones refuses to identify the person to whom he is referring. [New York Times, 8/11/1995]

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Geary State Fishing Lake And Wildlife Area, Cynthia Campbell-Brown, Alan Whicher, Stephen Jones, Donald Leonard, Claude Madearis, Roger E. (“Bob”) Moore, Saul A. Green, Paul Broxterman, Paul Douglas Ice, Janet Reno, James Nichols, Kenneth McCullough, Joseph H. Hartzler, Michael Joseph Fortier, Patrick M. Ryan, Mickey Maroney, Michael E. Tigar

Timeline Tags: US Domestic Terrorism

Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, April 24, 1995, and July 11-13, 1995) and his accused co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995) plead not guilty to eight federal charges of murder and three conspiracy charges associated with the bombing. Each of the 11 counts could earn the two the death penalty if they are convicted. The two men appear separately in the Oklahoma City Federal District Courthouse. McVeigh, wearing a blue sport coat, a blue open-neck shirt, khaki trousers and polished brown shoes, and standing in a military at-ease position, tells federal magistrate Ronald Howland, “Sir, I plead not guilty.” After McVeigh is taken out, Nichols is brought into Howland’s presence; he tells the magistrate, “Your Honor, I am innocent.” [New York Times, 8/16/1995]

Entity Tags: Ronald L. Howland, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Evidence in the case against accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) indicates that McVeigh was inspired largely by two books: a well-known favorite among white supremacists, the William Pierce novel The Turner Diaries (see 1978) and a second non-fiction book, Armed and Dangerous: The Rise of the Survivalist Right, by Chicago Tribune reporter James Coates. Coates wrote the book to warn against the dangers of far-right militia groups. McVeigh also drew inspiration for the bombing from the exploits of The Order, a far-right organization that staged armored car robberies (see April 19-23, 1984), murdered progressive radio host Alan Berg (see June 18, 1984 and After), and finally ceased operations when federal authorities killed its leader, Robert Jay Mathews, in a fiery shootout (see December 8, 1984). The Coates book, checked out from a library in Kingman, Arizona, by McVeigh, was found among other evidence seized from the Kansas home of his co-conspirator, Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995). A Kingman librarian says the book has been overdue for so long that it was purged from the library’s computer database. A person closely involved in the case tells a reporter that McVeigh had cited Chapter 2 of the Coates book, which describes how The Order grew from a small collection of bumblers into a heavily armed, well-financed terrorist cadre that used the proceeds of crimes to funnel hundreds of thousands of dollars to other far-right groups and buy land, guns, vehicles, and guard dogs. As for The Turner Diaries, a person involved in the case calls it McVeigh’s “Bible.” The Order viewed the Pierce novel as required reading, and used the exploits of the white supremacists in it to inspire and guide their own criminal activities. The Oklahoma City bombing closely mirrors the bombing of FBI headquarters in the Pierce novel; in the book, white revolutionaries use a truck filled with an explosive combination of fertilizer and fuel oil to destroy the building. The book calls the FBI bombing “propaganda of the deed,” an exemplary act meant to inspire others to strike their own blows. The McVeigh and Nichols indictments cite the two books, along with a prepaid telephone card issued by The Spotlight, an anti-Semitic newspaper issued by the white supremacist Liberty Lobby (see August 1994). According to Nichols’s defense team, Nichols had withdrawn from the bomb plot in March 1995 (see March 1995 and May 25 - June 2, 1995), and McVeigh showed close friends the copy of the Coates book, directing them to read the chapter on The Order, in what they say was an attempt to solicit others to help him carry out the bomb plot. [New York Times, 8/21/1995]

Entity Tags: William Pierce, James Coates, Terry Lynn Nichols, The Order, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Prosecutors in the Oklahoma City bombing investigation (see 8:35 a.m. - 9:02 a.m. April 19, 1995) consider using an obscure charge, “misprison of felony,” to force others who may have knowledge of the bombing plot to come forward. Investigators are sure that only two men, Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) and Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and June 23, 1995), are primarily responsible for the bombing. However, they suspect that a number of friends and associates of the two men may have known something of the bombing plot before it was carried out. If someone did know of the plot, and failed to warn authorities beforehand, the charge may apply. One person close to McVeigh, state witness Michael Fortier (see August 8, 1995), faces the charge. The charge brings a three-year prison sentence and a $500 fine upon conviction. One person of interest is the alleged associate of McVeigh and Nichols who they believe actually carried out a November 1994 robbery in Arkansas (see November 5, 1994); the proceeds from that robbery were used to fund the bombing. Press reports say that while the FBI believes it knows who the robber is, the bureau lacks the evidence to bring charges. The question of the unidentified severed leg found in the rubble of the destroyed Murrah Federal Building (see August 7, 1995) also indicates that others may have been involved in the bombing. And investigators say they want to know more about a small trailer hitched to the Ryder truck McVeigh used to transport the bomb to Oklahoma City (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Former federal prosecutor Robert G. McCampbell says charging friends or acquaintances of suspects with misprision of felony would be highly unusual: “It is exceedingly rare that a charge of misprision of felony would be brought, but not unheard of,” he says. “But in a case of overwhelming importance, maybe you prosecute it.” Legal experts also believe that investigators may use the threat of the charge to compel cooperation. New York defense lawyer Michael Kennedy, who has represented Mafia members, says: “When the government casts this net, they’re saying, ‘We want to get everybody who knew about this.’ Their hope, in this regard, is that people will read about this, say to themselves, ‘I knew about it, and if I don’t come forward, it will be too late for me to improve my position.’ They hope that some others will come forward.… They say, ‘Tell us what you know, or we’re going to nail you.’ They attempt, by dint of their force, to make the guy come forward to tell what he knew.” Former New York Police Commissioner Raymond W. Kelly, who oversaw the 1993 World Trade Center bombing investigation (see February 26, 1993), says, “It’s a standard investigative technique.” The threat of such charges “gets a very strong message out” to “prevent further acts like that.” [New York Times, 8/29/1995]

Entity Tags: Michael Kennedy, Federal Bureau of Investigation, Michael Joseph Fortier, Robert G. McCampbell, Terry Lynn Nichols, Timothy James McVeigh, Raymond Kelly

Timeline Tags: US Domestic Terrorism

A typical ‘LeRoy check,’ issued on a fraudulent lien.A typical ‘LeRoy check,’ issued on a fraudulent lien. [Source: Anti-Defamation League]Montana Freemen leaders LeRoy Schweitzer, Rodney Skurdal (see 1993-1994 and May 1995), and others leave Skurdal’s Roundup, Montana, log cabin at night (see 1983-1995) in an armed convoy, and “occupy” the foreclosed ranch of Freeman Ralph Clark (see 1980s-1994) north of Jordan, Montana. The group renames the ranch “Justus Township.” Skurdal and the Freemen had named Skurdal’s two-story cabin and his 20 acres of land “Redemption Township.” In the ensuing months, people from around the area come to the ranch to take “classes” on their common law theories and check-kiting schemes, learning of the classes through ads in militia newsletters and displayed at gun shows. Federal authorities, fearing violence (see April 19, 1993), decide not to hinder the occupation. The “township” has its own laws, court, and officials; Clark is the “marshal” of Justus, and others serve on its court. [Chicago Tribune, 4/19/1996; Mark Pitcavage, 5/6/1996; New York Times, 5/29/1996; Billings Gazette, 3/25/2006] The “classes” teach what the Southern Poverty Law Center will call a “peculiar combination of common law ideology and break-the-bank schemes.” The Freemen accept pupils in groups of 25, charging varying fees per participant. “We are the new Federal Reserve,” Schweitzer tells one group. “We are competing with the Federal Reserve—and we have every authority to do it.” Many people who try to put the Freemen’s teachings into practice, such as common law ideologue Ron Griesacker, will claim to have attended “a school of learning” with Schweitzer before setting up “common law courts” in Kansas. Griesacker will be charged with fraud and conspiracy, as will others who attempt to set up “common law courts.” The Freemen teachings will continue to propagate for years, and banks across the region will be plagued with “Freemen checks” [Mark Pitcavage, 5/6/1996; Southern Poverty Law Center, 4/1998] , which locals call “LeRoy checks.” (Most area businesses have learned to demand cash-only payments from known Freemen.) One favorite trick is to issue a fake check to pay for merchandise, write the check for much more than the cost of the merchandise, then demand immediate cash refunds of the difference. A template letter included in a seminar packet reads in part, “You will be billed monthly for the principal, plus 18 percent per year for the balance due if you refuse to send refund.” Paul Dinsmore, a local radio station host who will say he attends “about a dozen” seminars, will comment: “They have set up a complete mirror image of the banking system. It’s a scheme for them to live high on the hog.” One Montana government official calls the Freemen scheme “paper terrorism.” [New York Times, 5/29/1996] Skurdal will be incensed when federal authorities auction his cabin and property for his failure to pay back taxes. [Chicago Tribune, 4/19/1996]

Entity Tags: Rodney Owen Skurdal, Ronald Griesacker, Montana Freemen, LeRoy Schweitzer, Southern Poverty Law Center, Ralph Clark, Paul Dinsmore

Timeline Tags: US Domestic Terrorism

M. Elizabeth Broderick, a Palmdale, California, resident, becomes one of the biggest perpetrators of the Montana Freemen’s fraudulent “lien schemes” (see 1993-1994). Broderick, who was convicted of running a pyramid scheme in Colorado, attends a seminar at the Freemen’s “Justus Township” (see September 28, 1995 and After). She begins holding her own seminars in California, where she teaches the Freemen’s methods of distributing bogus checks and issuing fraudulent liens. Her seminars, which cost $125 to attend, regularly draw over 300 participants, and she employs 30 staffers. One supporter tells a reporter that her schemes are “based on common law and God’s laws. A sheriff in full dress uniform came in and said everything was true.” Federal officials later claim that Broderick has written more than $30 million worth of fraudulent checks; later still, the figure is revised upward to over $100 million. Broderick regularly sports a button that reads “Lien Queen,” and tells her students that her checks are accepted around 50 percent of the time. In early 1996, she tells a reporter that her liens caused Orange County, California, to go into bankruptcy. She estimates that she has some $1.18 billion in liens against California; she allows her seminar participants to write checks on those liens. She also has liens on the federal government. “Many, many mortgages, many, many car loans have been paid off,” she tells one reporter. “And I’m proud to say that it works as long as the feds don’t get in the way. That’s the only problem.” [Mark Pitcavage, 5/6/1996] In 1997, Broderick will be convicted of multiple felonies and sentenced to 16 years in prison (see March 1997).

Entity Tags: Montana Freemen, M. Elizabeth Broderick

Timeline Tags: US Domestic Terrorism

October 2, 1995: Freemen Rob ABC News Crew

A group of armed Montana Freemen (see 1993-1994) take $66,000 worth of camera equipment from an ABC News crew filming a segment at the Freemen’s “Justus Township” (see September 28, 1995 and After). [Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006]

Entity Tags: ABC News, Montana Freemen

Timeline Tags: US Domestic Terrorism

The US Marshals sell the foreclosed Montana ranch of farmer Ralph Clark for the Farmers Home Administration (FHA). Clark’s ranch has been occupied by the anti-government Freemen (see 1993-1994) and declared an independent “township” (see September 28, 1995 and After). The Freemen choose not to leave the ranch, though it now belongs to a local farmer. [Billings Gazette, 3/25/2006]

Entity Tags: US Marshals, Montana Freemen, Ralph Clark

Timeline Tags: US Domestic Terrorism

Israel’s Knesset approves Oslo II (see September 13, 1993), a complex set of agreements between Israel and the Palestinian Liberation Organization (PLO) on the future of the West Bank and the Gaza Strip. For Israeli law student Yigal Amir (see September 13, 1993), this is the last straw. He has already made three half-hearted attempts to assassinate Israeli Prime Minister Yitzhak Rabin, but as of now he commits himself to carrying the deed through. For his part, Rabin continues to ignore warnings (see Early 1995) from Israeli intelligence and media reporters alike trying to alert him to the danger he is in from radical fundamentalists. [Unger, 2007, pp. 140]

Entity Tags: Yitzhak Rabin, Knesset, Yigal Amir, Palestinian Liberation Organization

Timeline Tags: US International Relations

Saboteurs derail an Amtrak passenger train, the Sunset Limited, near Hyder, Arizona. A rail joint bar supporting a section of track over a 30-foot ravine is removed; sensors should have triggered an alarm, but the saboteurs wired the track so that the signal remained green and the crew would not be warned. Amtrak employee Mitchell Bates is killed and 78 others are injured in the resulting wreck. An anti-government message, signed by the “Sons of Gestapo,” is left behind. The letter, titled “Indictment of the ATF [Bureau of Alcohol, Tobacco, and Firearms] and FBI,” begins with a poem referencing the Branch Davidian siege (see March 1, 1993 and April 19, 1993), and concludes: “Who is policing the ATF, FBI, state troopers, county sheriffs, and local police? What federal law enforcement agency investigates each and every choke hold killing committed by a police officer? Each and every beating of a drunk wether [sic] or not a passerby videotapes it? Each and every shooting of a police officer’s wife who knows too much about drug kickbacks? Each and every killing at Ruby Ridge (see August 31, 1992)? The Gestapo accounts to no one. This is not Nazi Germany. All these people had rights. It is time for an independent federal agency to police the law enforcement agencies and other government employees. Sons of the Gestapo SOG.” Maricopa County Sheriff Joe Arpaio terms the derailment a “domestic terrorism” incident. Joe Roy of the Southern Poverty Law Center’s Klanwatch says his organization has no information on the “Sons of Gestapo.” Roy tells a reporter that it could be a local group, or “this could be Fred the farmer who’s mad at Amtrak for cutting across his land.… It very well could be some disgruntled individual who’s trying to blame it on the militias.” [CNN, 10/10/1995; New York Times, 10/11/1995; Associated Press, 10/14/1995; Southern Poverty Law Center, 6/2001] President Clinton says he is “profoundly outraged” by the attack and promises the government will “get to the bottom” of it and punish those responsible. [CNN, 10/10/1995] However, the perpetrators are never caught. [Southern Poverty Law Center, 6/2001]

Entity Tags: Joe Roy, William Jefferson (“Bill”) Clinton, Mitchell Bates, Joe Arpaio, Federal Bureau of Investigation, Amtrak, Southern Poverty Law Center, Sons of Gestapo, US Bureau of Alcohol, Tobacco, Firearms and Explosives

Timeline Tags: US Domestic Terrorism

In a letter to US Attorney Patrick Ryan, Attorney General Janet Reno authorizes prosecutors to seek the death penalty against indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, 4:00 p.m., April 19, 1995, July 11-13, 1995, and August 10, 1995). The prosecutors promptly inform the federal court in Oklahoma City that they will do just that. Reno overrides protests from defense lawyers asking her to disqualify herself from the proceedings; McVeigh’s lawyer, Stephen Jones, told reporters that Reno and President Clinton both said “they would seek the death penalty before they even knew who the defendants were. We will mount our attack on the obvious prejudgment of the case.” Ryan says the prosecution will seek the death penalty on four of the counts lodged against McVeigh and Nichols: first-degree murder, conspiring to use a weapon of mass destruction with death resulting, using an explosive to destroy government property with death resulting, and using a weapon of mass destruction with death resulting. He says “aggravating factors” include the maiming, disfigurement, and other injuries inflicted on many individuals and the involvement of both defendants in “acts of burglary, robbery, and theft to finance and otherwise facilitate” the bombing. Governor Frank Keating (R-OK) approves of the decision, and recently said in an interview that it was not at all unusual “to see the president and the attorney general express their outrage” when they did. “This was an enormous national tragedy of titanic proportions,” Keating said. “The question is, are these [McVeigh and Nichols] the people who did it? If not, we need to find those who did.… But we want whoever did this to be prosecuted, convicted, and executed.” [New York Times, 8/21/1995; Washington Post, 10/21/1995; Douglas O. Linder, 2001] Jones refused to take part in the panel discussions over the use of the death penalty, calling them a fraud and a sham, and saying that the process should not have been conducted by the Justice Department. [Stickney, 1996, pp. 253]

Entity Tags: Timothy James McVeigh, Janet Reno, Frank Keating, Patrick M. Ryan, Terry Lynn Nichols, US Department of Justice, Stephen Jones

Timeline Tags: US Domestic Terrorism

Hoppy Heidelberg.Hoppy Heidelberg. [Source: Digital Style Designs]Prosecutors in the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) say that the recent dismissal of juror Hoppy Heidelberg from the investigation’s federal grand jury does not warrant throwing out indictments against the two suspects, Timothy McVeigh and Terry Nichols. Heidelberg was dismissed from the jury after disclosing information about the jury deliberations with Lawrence Myers, a reporter from Media Bypass, a magazine with ties to paramilitary groups. He also spoke to a reporter from the Daily Oklahoman. Heidelberg. a horse breeder from Blanchard, Oklahoma, told the reporters that prosecutors did not present enough evidence concerning the possibility of a larger conspiracy, and that they refused grand jury requests to interview witnesses and ask questions about such a larger conspiracy. Heidelberg may face contempt charges, as jurors are legally prohibited from revealing details of the cases they hear. Special US Attorney Sean Connelly calls Heidelberg’s concerns part of “his own conspiracy theories that predated this crime by decades.” Transcriptions from the magazine also show that Myers exaggerated and inflated Heidelberg’s complaints in the article. Heidelberg does not contend that the indictments of McVeigh and Nichols are unwarranted, though he says that he and other members of the grand jury are suspicious of the government’s case. Defense lawyers have asked that their clients have charges against them dropped because of what they call “prosecutorial misconduct” surrounding Heidelberg’s actions. Asked by reporters about charges that he is a conspiracy theorist, Heidelberg laughs and responds: “The people that know me know better. The people that don’t are going to have to wait to decide.” [New York Times, 10/14/1995; United States District Court, Western District of Oklahoma, 10/24/1995; Associated Press, 11/1/1995; Stickney, 1996, pp. 255] Heidelberg will later win a certain degree of fame as a “9/11 truther,” one of a group of theorists that believe the US government orchestrated the 9/11 attacks, or at the least were complicit in them. The article discussing Heidelberg will also cite theories saying that two separate explosions struck the Murrah Building (see After 9:02 a.m. April 19, 1995) and that an Oklahoma City police officer, Terry Yeakey, was “suicided,” i.e. murdered in a manner that appeared to be a suicide, after supposedly beginning to “express his concerns” that the government was hiding evidence of its collusion in the bombing. Yeakey’s death is one of a “slew of deaths” that have supposedly occurred to cover up the government’s role in the bombing, according to Heidelberg. Heidelberg will also release a video “proving” that the grand jury “was manipulated and obstructed” by the government. [Wendy Bird, 6/10/2008; Wide Eye Cinema, 2011]

Entity Tags: Timothy James McVeigh, Terry Yeakey, Media Bypass, Lawrence Myers, Terry Lynn Nichols, Sean Connelly, Hoppy Heidelberg

Timeline Tags: US Domestic Terrorism

Two Montana county attorneys, Garfield County Attorney Nick Murnion and Musselshell County Attorney John Bohlman (see February - March 1995), testify before Congress on the havoc being wrought in their area by the Montana Freemen (see 1993-1994, January 1994, April 23, 1994, and June-July 1994). Murnion says of the Freemen: “I believe this group has declared war on our form of government. They are in open insurrection.” [Mark Pitcavage, 5/6/1996]

Entity Tags: John Bohlman, Nick Murnion, Montana Freemen

Timeline Tags: US Domestic Terrorism

The sheet with the lyrics to the ‘Song of Peace,’ stained with Rabin’s blood.The sheet with the lyrics to the ‘Song of Peace,’ stained with Rabin’s blood. [Source: Knesset]Israeli Prime Minister Yitzhak Rabin is assassinated at a rally in Tel Aviv. Over 100,000 people have gathered in Kings of Israel Square to support Rabin and the Oslo peace process (see September 13, 1993 and October 6, 1995). The rally is designed to be light-hearted, in contrast with the angry, combative rallies staged by radical conservatives to oppose the peace agreements (see October 1995). Rabin gives a short radio interview before leaving the stage at the rally, and tells listeners, “People have their personal security but they do not have doubts that the path of peace should be pursued.” Rabin’s wife Leah is asked if her husband is wearing a bulletproof vest. “Have you gone crazy?” she replies. “What are we, in Africa?… I don’t understand the ideas you journalists have.” Meanwhile, law student Yigal Amir (see September 13, 1993 and October 6, 1995) is sitting on a concrete flower planter in the parking lot. A guard notices Amir and whispers into his microphone, “For God’s sake. What’s that dark guy doing down there? Is he one of us?” When Rabin walks by Amir to go to his car, Amir pulls out a gun and fires three shots. Two hollow-point bullets strike Rabin in the chest, severing major arteries and destroying his spinal cord. The third strikes Rabin’s bodyguard in the arm. “It’s nothing!” Amir shouts. “It’s just a joke! Blanks, blanks!” Police seize Amir; the wounded bodyguard rushes Rabin to the hospital, where he is pronounced dead 90 minutes later. When the police inform Amir that Rabin has died, he tells them, “Do your work. I’ve done mine.” Turning to an officer, he adds, “Get some wine and cakes. Let’s have a toast.” Someone later goes through Rabin’s pockets and finds a bloodied piece of paper with the lyrics to a popular tune, “The Song of Peace,” copied on it. Rabin had joined in singing the song at the rally. Author Craig Unger later writes that aside from the personal tragedy of the assassination, “In part because of his legacy as a great Israeli military commander, no one in Israel was, or ever could be, a more forceful figure than Rabin in promoting the peace process. As a result, his murder was a devastating blow to the Oslo principle, the principle of land for peace.” [Unger, 2007, pp. 141-143; Knesset Homepage, 2008]

Entity Tags: Craig Unger, Yigal Amir, Yitzhak Rabin, Leah Rabin

Timeline Tags: US International Relations

Magistrate Ronald Howland, presiding over the preliminary matters in the upcoming trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), unseals nine documents in response to petitions from news organizations. One of these documents says two witnesses saw a man they believed to be McVeigh and another person leave the scene of the bombing shortly before the April 19 attack. The document is an affidavit that is part of a search warrant. Another document says that McVeigh was carrying a pamphlet with a quote from 17th-century philosopher John Locke when he was arrested (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). The quote reads: “I have no reason to suppose that he who would take away my liberty would not when he had men in his power take away everything else. And therefore it is lawful for me to treat him as one who has put himself in a state of war against me and kill him if I can.” [Reuters, 11/6/1995]

Entity Tags: Ronald L. Howland, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Stephen Jones, the lead lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), says his client will not use an insanity defense when he goes on trial. “The psychiatric and psychological evaluations aren’t 100 percent completed, but from what we know at this point we have no reason to assert a mental defect,” Jones tells reporters. “He’s as sane as any lawyer or reporter.” McVeigh has been pronounced competent by Dr. Seymour Halleck, a University of North Carolina psychiatrist hired by Jones. McVeigh is also being examined by other experts. “There is no mental defect,” Jones tells an audience at the University of Oklahoma, an audience that includes reporters from the Daily Oklahoman. “We’re not pleading insanity, incompetency, or anything like that. It’s a straight, factual defense. I have said he would testify. That’s the present plan.” Jones also accuses Clinton administration members of pushing for a quick conviction and execution before the 1996 presidential election. “This offers [those in] the Clinton administration the opportunity to prove themselves or attempt to prove themselves as tough on crime,” Jones says. In 1996, author and reporter Brandon M. Stickney will write that some of Jones’s comments during the speech seem to mirror McVeigh’s own conspiratorial, anti-government thinking. [Chicago Sun-Times, 11/17/1995; Stickney, 1996, pp. 258-260]

Entity Tags: Timothy James McVeigh, Brandon M. Stickney, Seymour Halleck, Clinton administration, Stephen Jones

Timeline Tags: US Domestic Terrorism

Robert Nigh Jr.Robert Nigh Jr. [Source: Associated Press]Defense lawyers for accused Oklahoma City bombers Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and July 11-13, 1995) ask that their clients’ trials be moved from Oklahoma due to intense media coverage from the bombing. The lawyers say that the media coverage has irredeemably tainted the jury pool. Oklahoma citizens are too close to the case, the lawyers argue, for either McVeigh or Nichols to receive a fair trial. The case is currently slated to be tried in Lawton, Oklahoma, some 85 miles away from Oklahoma City. One of McVeigh’s lawyers, Robert Nigh Jr., says: “We do not question for a moment that the people of Lawton or the people of Oklahoma are as fair as people anywhere in the country. They are simply too close in this case to determine the facts objectively.” Polls administered by two Houston researchers show that Lawton residents are far more familiar with the details of the case than residents of two other cities, Albuquerque and Kansas City, Kansas, and care more deeply about the case. All three cities are part of the Tenth Circuit. The polls say that almost half of Lawton residents have formed an opinion as to the guilt or innocence of McVeigh, and 96 percent of them believe him to be guilty. The numbers for Nichols are 30 percent and 90 percent, respectively. McVeigh’s lawyers state in a court filing: “The fevered passion of the community of Oklahoma has been escalated by local news reports concerning the case. Timothy McVeigh has been tried, convicted, and sentenced to death by the media in Oklahoma.” [New York Times, 11/22/1995; Fox News, 4/13/2005] The trial will be moved to Denver, Colorado (see February 20, 1996).

Entity Tags: Timothy James McVeigh, Terry Lynn Nichols, Robert Nigh, Jr

Timeline Tags: US Domestic Terrorism

The Montana Freemen, increasingly isolated in their “Justus Township” hideaway (see September 28, 1995 and After), become disenchanted with their former friends, the Montana Militia (sometimes called the Militia of Montana, or MOM—see January 1, 1994). They even put a bounty on the head of Montana Militia founder John Trochmann (see February - March 1995). The Militia later says that the Freemen leaders are not entirely stable. “We’ve pretty much washed our hands of them,” MOM leader Randy Trochmann will say. [Mark Pitcavage, 5/6/1996]

Entity Tags: John Trochmann, Montana Militia, Randy Trochmann, Montana Freemen

Timeline Tags: US Domestic Terrorism

Defense lawyers for indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) ask the court for broad access to government documents to support their theory that domestic or “foreign” terrorists were involved in the bombing (see Late 1992-Early 1993 and Late 1994, November 5, 1994 - Early January 1995, and 10:00 a.m. April 19, 1995 and After). McVeigh’s lead defense lawyer Stephen Jones files the motion, which says that the sophistication and effectiveness of the bomb lend validity to the theory that the attack was carried out by a “terrorist organization.” Jones’s filing compares the Oklahoma City bombing to 1983 bombing attacks against the US Embassy and a Marine Corps barracks in Lebanon. [Reuters, 12/22/1995]

Entity Tags: Stephen Jones, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

A New York Times analysis of indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) uses an interview with FBI profiler Jack Douglas to paint a picture of McVeigh as a burgeoning serial killer. Douglas, the model for the FBI analyst in the movie The Silence of the Lambs, describes McVeigh as an underachieving loner whose stunted social development, obsessive neatness, inability to deal with his abandonment by his mother, sexual frustration, obsession with guns, and overarching alienation led him to conceive and execute a plot that killed scores of innocent people. “There are the same kind of characteristics” in McVeigh’s makeup as serial killers possess, Douglas says. “Asocial, asexual, a loner, withdrawn, from a family with problems, strong feelings of inadequacy from early in life, an underachiever.” McVeigh did well in the highly structured environment of the US Army (see March 24, 1988 - Late 1990 and January - March 1991 and After), Douglas notes, but was unable to function successfully outside of that environment (see November 1991 - Summer 1992). His lifelong obsession with guns (see 1987-1988) blended with his increasing fascination with far-right militia, white supremacist, and separatist ideologies that led him to believe the government was actively plotting to disarm and repress its citizenry. McVeigh, always fascinated with computers, used the burgeoning network of computerized bulletin boards, email clients, videotape exchanges, shortwave radio broadcasts, and other information resources to fuel his beliefs, all codified in what Times reporter John Kifner calls “a venomous novel called The Turner Diaries” (see 1978) that depicts rebel white supremacists overthrowing the federal government and committing genocide against minority citizens.
Apocalyptic World View Triggered by Events - McVeigh’s increasingly apocalyptic world view, Douglas says, led him to carry out the bomb plot, perhaps in an effort to bring about the same supremacist rebellion that The Turner Diaries depicts. The federal raids on Randy Weaver’s cabin in Ruby Ridge, Idaho (see August 31, 1992), and the Branch Davidian compound in Texas (see April 19, 1993), the passage of the Brady gun control bill (see November 30, 1993), and the birth of the paramilitary militia movement (see August 1994 - March 1995) all spurred McVeigh forward. Kifner writes: “The paramilitary movement vowed to resist the government and publish manuals on forming underground guerrilla squads. Mr. McVeigh was just a little ahead of the curve.” The final straw for McVeigh, Kifner and Douglas theorize, was the passage of the August 1994 crime bill that outlawed 19 types of semiautomatic assault weapons (see September 13, 1994). Shortly thereafter, McVeigh wrote an angry letter to his friend Michael Fortier alerting him that he intended to take some sort of “positive action” against the government (see September 13, 1994).
Shared Inadequacies - Douglas calls McVeigh’s “obsession with weapons” an “overcompensation for deep-rooted feelings of inadequacy.… They compensate for a while by talking the talk, but after a while they have to go out and do something about it. Typically the time for violence is in the mid-20s. They look in the mirror and see they’re going nowhere fast. This is an easily controlled and manipulated personality. They are looking for something to hang their hat on, some ideology. They have difficulty fitting into groups, but they are more mission-oriented, more focused.” Seattle forensic psychiatrist Kenneth Muscatel has called this type of personality disorder “Smerdyakov syndrome,” after the scorned half-brother in Dostoyevsky’s novel The Brothers Karamazov, who listens to the other brothers inveigh against their father until, finally, he murders the father. Douglas notes the devoted friendship between McVeigh and indicted co-conspirator Terry Nichols, another underachieving loner who did well in the Army. “These two are birds of a feather,” Douglas says. “Each feeds off the other’s inadequacies.” Of McVeigh, Douglas says: “These people are comfortable in a structured environment, they do very well. But outside of a structured environment, without that rigidity, he just can’t survive. On the other hand, he’s probably doing fine now in jail. I bet they would say he’s a model prisoner.”
'Red Dawn' and the Militia Movement - McVeigh’s favorite movie is, by all accounts, a 1984 film called Red Dawn that depicts a group of Texas high school football players banding together to defeat an invasion of Soviet paratroopers. The “Wolverines,” as the footballers term themselves, transform themselves into a polished, lethal guerrilla force. The film contains a number of tropes that resonate with McVeigh and other militia sympathizers: the use of gun-registration forms to enable the Soviet invasion, political leaders eager to betray the American citizenry they represent, and others. The film is a cult classic among militia members. Along with another extraordinarily popular series of movies, the Rambo films, Red Dawn expresses what sociologist James William Gibson has noted is a new perspective on military veterans and popular culture; whereas traditional war movies show raw recruits uniting to battle an evil enemy on behalf of a just national cause, post-Vietnam movies such as Red Dawn and the Rambo films popularize the archetype of an alienated loner or small band of outlaws, betrayed by their own government and fighting for their view of the American ideal as renegades. Another favorite film of McVeigh’s is a very different offering, the 1985 black comedy Brazil, which depicts an Orwellian future dominated by an all-powerful bureaucracy. Actor Robert DeNiro plays a commando-like “outlaw repairman”; his character’s name is “Tuttle,” one of the aliases used by McVeigh (see April 19, 1993 and After, October 12, 1993 - January 1994, December 1993, February - July 1994, and May 12, 1995). The last movie McVeigh rented before the Oklahoma City bombing was Blown Away, the tale of a mad bomber.
'The Turner Diaries', Gun Regulation, and the Militia Movement - Kifner notes that much has been made of McVeigh’s fascination with William Pierce’s novel The Turner Diaries. McVeigh was an avid reader, paging through mercenary and gun magazines, white supremacist and anti-Semitic newsletters and fliers, and an array of apocalyptic and war novels. One of the more unusual works found in McVeigh’s possessions is a document titled “Operation Vampire Killer 2000,” written by militia leader Jack McLamb and predicting a “globalist,” “New World Order” (see September 11, 1990) takeover of the US by “the year 2000.” The document names the plotters against American democracy as, among others, the Order of the Illuminati, international bankers, the United Nations, the “Rothschild Dynasty,” the Internal Revenue Service, CBS News, Communists, the Yale secret society Skull and Bones, “humanist wackos,” and, possibly, aliens from outer space in Unidentified Flying Objects. McLamb writes: “For the World Elite to truly enjoy their ‘utopian’ Socialist Society, the subject masses must not have the means to protect themselves against more ‘voluntary compliance.’ When one grasps this logical position, there is no longer any question about it: THE GUNS WILL HAVE TO GO.” But The Turner Diaries was, according to one person involved in the investigation, McVeigh’s “Bible” (see August 20, 1995). As with so much of McVeigh’s reading material, Turner posited the forcible confiscation of citizen-owned guns by the US government as the presage to tyranny. In a book on the paramilitary movement, Kenneth Stern wrote: “Those who would regulate guns were cast as tyrants who were coming for people’s guns first. The government had to disarm citizens in order to subjugate them. The United Nations could march in and take over America; loyal Americans could be sent to concentration camps.” Both McVeigh and the paramilitary movement were “developing in the same time line,” Stern tells Kifner. “I would date the first functioning militia as February of 1994 in Montana, and then spreading to Michigan and other places” (see October 12, 1993 - January 1994). McVeigh and Nichols were apparently influenced by the writings of former Ku Klux Klan leader Louis Beam, who advocated a “leaderless resistance” of tiny, independent cells that “state tyranny” would find more difficult to control (see February 1992). “No one need issue an order to anyone,” Beam wrotes. “These idealists truly committed to the cause of freedom will act when they feel the time is ripe, or will take their cues from others who proceed them.” In Pierce’s novel, a bombing almost exactly like the Oklahoma City blast is carried out by the novel’s hero Earl Turner; the novel’s bombing destroys the FBI headquarters in Washington and inspires a nationwide revolt by white supremacists against the “tyrannical” government. It is conceivable, Kifner concludes, that McVeigh’s bomb was intended to strike the same sort of blow, and perhaps evoke the same results. [New York Times, 12/31/1995]

Entity Tags: Kenneth Muscatel, James William Gibson, Jack McLamb, Federal Bureau of Investigation, John Kifner, Timothy James McVeigh, Randy Weaver, Louis R. Beam, Jr, Michael Joseph Fortier, Terry Lynn Nichols, New York Times, John E. (“Jack”) Douglas, Kenneth Stern

Timeline Tags: US Domestic Terrorism

The defense in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) presents evidence in one of the hearings conducted to consider a change of venue in the trial (see November 21, 1995). The hearing takes place at the Oklahoma City courthouse; McVeigh has been brought from his cell at the El Reno federal detention facility to take part, though he says nothing during the proceedings. The defense plays clips from television news broadcasts, some of which contain erroneous information; footage of tearful calls for McVeigh and his accomplice Terry Nichols to be executed; coverage of memorial services for the victims of the bombing; and promises by President Clinton, Attorney General Janet Reno, and Oklahoma Governor Frank Keating that the death penalty would be sought. In the back of the courtroom, victims’ family members begin weeping. An Associated Press report by Paul Queary notes that McVeigh “smiled” as the films were shown; Los Angeles Times reporter Richard A. Serrano will write that McVeigh “appeared relaxed and at ease in court.” The reports anger McVeigh’s sister Jennifer, who has driven from Pendleton, New York, to be with her brother in court. She later says: “He wasn’t smiling in reference to anything. He was smiling at me. And you know that if he wasn’t smiling, they’d criticize him and if he was smiling, they’d criticize him. You know what happened the last time when he wasn’t smiling.” She is referring to the iconic image of a grim-looking McVeigh squinting as he is “perp walked” on the day of his arrest (see April 21, 1995). Jennifer tells reporters after the hearing: “No matter what, he’s still my brother and I’m still going to be there for him. He’s just a normal person. He’s not this evil thing they’ve painted him.” She visits him at the city jail before returning to her hotel room and calling her father in Pendleton. She will begin the long drive back to Pendleton a few days later. [Stickney, 1996, pp. 268-270]

Entity Tags: Paul Queary, Frank Keating, Janet Reno, Richard A. Serrano, Jennifer McVeigh, Timothy James McVeigh, Terry Lynn Nichols, William Jefferson (“Bill”) Clinton

Timeline Tags: US Domestic Terrorism

Armed Freemen (see 1993-1994) beat and kidnap an Associated Press reporter and photographer on a county road outside “Justus Township” (see September 28, 1995 and After). Before permitting the two to leave, the Freemen search their vehicle and seize the photographer’s film. [Billings Gazette, 3/25/2006]

Entity Tags: Montana Freemen, Associated Press

Timeline Tags: US Domestic Terrorism

Stephen Jones, the lead defense lawyer for indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), asks the court to subpoena four men that Jones says may have information about the bombing. The subpoenas are in response to a $30 million wrongful-death lawsuit filed against McVeigh by Edye Smith, who lost her two sons in the blast. Jones wants to depose three members of the neo-Nazi British National Party (BNP): John Tyndall, David Irving, and Charles Sergeant. He also wants to depose Dennis Mahon, a Tulsa resident who heads the regional chapter of the White Aryan Resistance (WAR), a white separatist organization. Jones says he wants to know if the three BNP members supplied Mahon with a detonator that may have been used in the bombing. Jones also says that Mahon has told his staffers that he is an explosives expert and had bombed buildings in the past. Mahon denies making these claims, but affirms that Interpol considers him an international terrorist and has denied him admission to Great Britain. Jones says of Mahon, “The FBI has interviewed thousands of people in connection with this case yet they didn’t interview an international terrorist living just 90 miles away.” Jones has hired a London legal firm to pursue leads that suggest international connections in the bombing. Mahon has said he knew McVeigh from 1993 and 1994, when McVeigh traveled around the country selling weapons and items at gun shows (see April 19, 1993 and After). An informant has also told federal officials that Mahon may have been involved in a bombing plot targeting an Oklahoma City federal building (see August 1994 - March 1995 and November 1994). Jones also sends defense team researcher Ann Bradley to Amsterdam to talk with a lawyer for Daniel Spiegelman, a US citizen being held by Dutch authorities on a charge of “trading in stolen manuscripts,” and who faces extradition to the US for weapons smuggling and falsifying passports. The Dutch newspaper De Telegraaf runs a story noting the “resemblance” Spiegelman bears to the bombing suspect identified as “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Jones tells reporters: “We are certainly pursuing an investigation of that line and have been for some months. The attorney general herself [Janet Reno] said the FBI would certainly be justified to look at a European connection. We believe that the evidence may suggest a broader, deeper, more sophisticated conspiracy.” [Stickney, 1996, pp. 264, 271; Associated Press, 2/10/1996]

Entity Tags: Edye Smith, Charles Sergeant, British National Party, Ann Bradley, Daniel Spiegelman, Dennis Mahon, Federal Bureau of Investigation, John Tyndall, David Irving, Stephen Jones, Timothy James McVeigh, Janet Reno

Timeline Tags: US Domestic Terrorism

Jennifer McVeigh, the sister of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), is featured in an interview segment aired on Dateline NBC. She was interviewed by Jane Pauley, who spoke with her at a Buffalo, New York, hotel a few days ago. Jennifer tells Pauley about her earlier statements to the FBI (see April 21-23, 1995), saying: “I think he knows I really didn’t have a choice, but… I still wonder, still have a lot of guilt. I talked to them and maybe I somehow hurt him. That’s really the biggest thing that bothers me every day—that I love my brother to death and want nothing more than to support him and be on your side. Yet I really had no choice and if I get called to testify, it will be for the prosecution. It’s tough. You’ll be in trouble if you don’t talk to them, or you talk to them and you’re going to get your brother in trouble.” Jennifer’s statements to Pauley probably do more harm than good to her brother’s chances in court, according to reporter and author Brandon M. Stickney. She echoes her brother’s anger at the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After), which the prosecution will argue was one of McVeigh’s driving rationales for carrying out the bombing. And she likely angers viewers, Stickney will write, by imploring the American people to try to “understand” the reasons behind the bombing, saying, “I think [the bombing] is evil in a sense that a lot of people… lives were torn apart, a lot of people died… innocent people.” After conferring with Richard Burr, a lawyer for her brother, she continues, “I think the act itself was a tragedy for everyone involved, but maybe there’s some sort of explanation to be had—I really don’t think anything could justify the consequences—just understanding would help.” Burr attended the interview and confered with Jennifer before she answered Pauley’s questions. [Stickney, 1996, pp. 271-272]

Entity Tags: Jennifer McVeigh, Brandon M. Stickney, Federal Bureau of Investigation, Jane Pauley, Timothy James McVeigh, NBC News, Richard Burr

Timeline Tags: US Domestic Terrorism

Judge Richard Matsch (see December 1, 1995), citing the defendants’ right to an impartial jury in the Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and November 21, 1995), moves the trial from Oklahoma City to Denver, Colorado. Matsch is the Chief Judge of the Federal District Court in Colorado, and is essentially moving the case to his “home” courtroom. Matsch rules that because of intensive negative media coverage of the bombing, neither Timothy McVeigh nor Terry Nichols can receive fair trials in Oklahoma City. “This court… concludes that there is so great a prejudice against these two defendants in the State of Oklahoma that they cannot obtain a fair and impartial trial at any place… in that state,” Matsch writes. McVeigh and Nichols have been “demonized” in the press, he continues. “The intensity of the humanization of the victims in the public mind is in sharp contrast with the prevalent portrayals of the defendants.… [T]he interests of the victims in being able to attend this trial in Oklahoma are outweighed by the court’s obligation to assure that the trial be conducted with fundamental fairness and with due regard for all constitutional requirements.” McVeigh’s attorney, Stephen Jones, says, “The judge examined all the evidence and saw that Oklahoma sees itself as the victims and that makes it difficult to get a fair trial here.” Prosecutors agreed that Oklahoma City was not the proper venue for the trial, but had asked that the trial be moved to Tulsa, only two hours from Oklahoma City; US Attorney Patrick Ryan, newly appointed by President Clinton to represent the Oklahoma City district, argued that moving the trial would present an undue hardship on the families of the victims who want to observe the trial. Attorney General Janet Reno says the government “does not have the right” to appeal Matsch’s decision and therefore is ready to move to trial “expeditiously.” Reno says the Justice Department would “pursue every means available to provide survivors and loved ones with an opportunity to observe and follow events in the courtroom.” Kathleen Treanor, who lost her daughter and her in-laws in the bombing, is angry with the decision, saying she had intended to go to the trials: “It stinks. Judge Matsch will not have to give up his bed or leave his home. He is inconvenienced in no way. I lost my only daughter and I won’t be able to afford to go.” But Toby Thompson, who lost his brother in the bombing, says: “It is very important that the trial be squeaky clean. If moving it to Nova Scotia would ensure that I wouldn’t have to go through it twice, that would be fine with me.” Legal experts say Matsch made the decision in order to obviate any possibility that the defense would use the venue of the trial as the basis for a possible appeal. Governor Frank Keating (R-OK) criticizes the decision, saying Matsch moved the trial to Denver “for his personal comfort.… It is easier for him to go home and sleep in his own bed. That’s what his decision says to the hundreds and thousands of people impacted in this bombing. Its wrong on the facts and it’s wrong on the law.” Keating says he will coordinate with Governor Roy Romer (D-CO) and Denver Mayor Wellington Webb, as well as the federal government, to fund transport and housing for relatives and friends of the victims who wish to attend the trials. [Washington Post, 2/21/1996; New York Times, 2/21/1996; Serrano, 1998, pp. 256; Douglas O. Linder, 2001] Chicago jury consultant Joe Guaftaferro says of the venue change: “Colorado, from a jury perspective, could be risky. There’s a lot of white supremacists in those hills.” Public affairs law professor Rita Simon, an expert on the effects of publicity on a jury, says she agrees with Matsch’s decision, and adds, “With proper instruction, jurors could put aside any pretrial prejudice they may have picked up as a result of publicity about the case.” [New York Times, 2/22/1996]

Entity Tags: Patrick M. Ryan, Kathleen Treanor, Janet Reno, Frank Keating, Wellington Webb, Toby Thompson, Timothy James McVeigh, Terry Lynn Nichols, Roy Romer, Joe Guaftaferro, Rita J. Simon, Richard P. Matsch, Stephen Jones

Timeline Tags: US Domestic Terrorism

Lawyers on both sides of the upcoming Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) agree to exhume the body of one of the 168 victims of the blast. The agreement to exhume the body of Lakesha Levy, an Air Force member killed in the explosion, is to determine whether the unidentified leg found in the rubble (see August 7, 1995) belongs to Levy. Defense lawyers for accused bomber Timothy McVeigh had at one time speculated that the leg might belong to “the real bomber,” but after DNA tests proved it belonged to an African-American female, those speculations ceased. Levy is buried in a New Orleans graveyard. Prosecutors say that their records show eight of the bombing victims were buried without their left legs. It is possible, they say, that Levy was buried with someone else’s leg. Levy’s body will be sent to an FBI forensics laboratory for investigation. [New York Times, 2/28/1996] The leg will be conclusively identified as Levy’s (see February 24, 1996).

Entity Tags: Federal Bureau of Investigation, Timothy James McVeigh, Lakesha Levy

Timeline Tags: US Domestic Terrorism

The unidentified leg found in the rubble of the Oklahoma City bombing (see August 7, 1995 and February 21, 1996) belongs to Airman Lakesha Levy, according to DNA tests carried out by FBI forensic scientists. The FBI also uses footprints from the leg to identify it as Levy’s. Levy was buried with a severed leg belonging to another, as-yet-unidentified bombing victim. Stephen Jones, the lead defense attorney for indicted bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), says that the prosecution’s forensic evidence “appears to be moving in different directions like a weather vane in an Oklahoma stormy spring.” State medical examiner Frederick B. Jordan says his office made three mistakes in identifying Levy’s remains: burying the wrong leg with her, erroneously reporting that the wrong leg was still attached to the body, and erroneously reporting that Levy was found with a combat boot on her left foot. Jordan says the errors may refer to Levy’s right leg, not the severed left leg. The FBI has not yet identified the victim whose leg was buried with Levy. [Associated Press, 2/24/1996] The leg buried with Levy will never be identified. In 1999, it will be buried with honors, along with an assortment of other unidentified fragments and tissue remnants from the bomb site, in a memorial garden on the Oklahoma City capitol grounds. [Amarillo Globe-News, 12/11/1999]

Entity Tags: Timothy James McVeigh, Federal Bureau of Investigation, Frederick B. Jordan, Stephen Jones, Lakesha Levy

Timeline Tags: US Domestic Terrorism

The Montana Freemen (see September 28, 1995 and After), seemingly unrestrained by local laws (see January 1994, June-July 1994, February - March 1995, May 1995, September 28, 1995 and After, and October 2, 1995), publish a “public notice” in local newspapers announcing their intention to take control of a huge swath of land in northeastern Montana, including land owned by private citizens, the State of Montana, and the Bureau of Land Management (BLM). They announce that anyone trespassing on their land will be “arrested” and punished. The people of Jordan, Montana, and the nearby areas are outraged. “So if Dad was out feeding his cows,” says the son of a rancher who leases grazing land from the state, “to them he’d be trespassing on their so-called land, and they’d take him to their court. And from there your imagination could run rampant.… Maybe they wouldn’t do anything, but who knows. Dad was really upset; up until that time, all their threats had been against government officials. Now they were disrupting our lives.” County voters, enraged by local, state, and federal inaction against the Freemen, schedule a meeting to discuss their own actions against the Freemen, including cutting the telephone lines to the Freemen ranch and blockading the county roads leading to their compound. In apparent response, Freemen leader LeRoy Schweitzer holds a meeting (videotaped and later shown in court) outlining their own plan to kidnap government officials, perhaps a preemptive strike against the local citizenry. Schweitzer says: “We’ll travel in units of about 10 outfits, four men to an outfit, most of them with automatic weapons, whatever else we got—shotguns, you name it.… We’re going to have a standing order: Anyone obstructing justice, the order is shoot to kill.” Afterwards, many speculate that the FBI, likely conducting surveillance against the Freemen for months and aware of the escalating conflict, decides the time is right to move against the Freemen (see March 25, 1996). [Mark Pitcavage, 5/6/1996]

Entity Tags: Montana Freemen, Federal Bureau of Investigation, LeRoy Schweitzer

Timeline Tags: US Domestic Terrorism

A Eureka, Montana, arms dealer, Cajun James, currently suing Freemen leader LeRoy Schweitzer (see 1993-1994) and other Freemen discloses that in February 1995 Schweitzer tried to buy $1.4 million in military-style weapons and equipment, including 200 .50-caliber rifles, 200,000 rounds of ammunition, 200 bulletproof vests, and 200 sets of binoculars. The Freemen’s money order bounced and the arms were never delivered. The FBI seized the check Schweitzer wrote and informed James it was fraudulent. James says the check looked so authentic that his bank had set up a new savings account for him and credited him with the money after reviewing the check. “It says ‘Certified Money Order,’ has the name and address of the ba[n]k on it and a notary signature,” James says. “By looking at it, there is no reason to think it is fraudulent. It was good enough to fool my bank.” The account number on the check was traced to the US District Court in Butte, Montana, and was active between 1990 and 1994, when it was shut down because Freemen were writing counterfeit checks on it. [Washington Post, 4/1996; Billings Gazette, 3/25/2006]

Entity Tags: Federal Bureau of Investigation, Cajun James, LeRoy Schweitzer, Montana Freemen

Timeline Tags: US Domestic Terrorism

The reaction among various militia and anti-government groups to the standoff between the FBI and the Montana Freemen (see March 25, 1996) is mixed. Some militia and “common law” (see Fall 2010) organizations issue statements in favor of the Freemen, warning that the FBI will cause another bloody debacle similar to those experienced at Ruby Ridge, Idaho (see August 31, 1992), and Waco, Texas (see April 19, 1993). Some predict that the Freemen standoff is the first step in a federal clampdown on the “patriot” movement, and call themselves ready for violence and even civil war. Other militia organizations are more cautious. The Tri-States Militia, a loose confederation of several militia organizations (see October 1995 and After), issues a press release criticizing the Freemen and saying they find it “insulting and offensive that people who call themselves members of the patriot community have combined their ‘patriotic’ activities with a clear attempt to defraud banking institutions and individual citizens through the use of phoney [sic] and/or money orders coupled with force and threats.” The Tri-States and other militia groups contrast the Freemen with their own, presumably “constitutional,” militias. (Later it is learned that the FBI had contacted a number of militia groups before they moved against the Freemen, apparently in an attempt to forestall any rash actions on the parts of the militias.)
Montana Militia Reactions - The Montana Militia (sometimes called the Militia of Montana, or MOM—see January 1, 1994) is cautious, perhaps attempting to ascertain where public opinion is before taking a stand. MOM founders John and Randy Trochmann say the group has sent representatives to the scene to “monitor” the situation and talk to Freeman Dale Jacobi, who used to run a business near MOM’s Nixon, Montana, headquarters. The group issues a press release asking other militias to “stand down” and not come to Montana. John Trochmann even says: “I think the FBI has been handling it very patiently. I admire them for their patience. And they’ve had a tremendous amount of pressure from the public (see March 1996 and March 25, 1996), from the local law enforcement (see November 1995), and from their superiors in the FBI and the Justice Department. I think they’re caught between a rock and a hard place, and they’re doing the only thing they can do.” Other MOM members are less cautious. Militiaman Steve McNeil announces that he is leading a militia caravan to Jordan, Montana, in support of the Freemen; he is later arrested at the courtroom where two of the Freemen are being arraigned (see March 26, 1996) for violating his probation. Had McNeil managed to bring an actual caravan, he may have found himself in conflict with a cordon of some 30 local ranchers who have grouped together to stand up to any such militia operations. Local farmer Cecil Weeding later explains: “The militias will just pump more hot air into the Freemen and make it worse. There will be a clash if they get here. This country is sick and tired of that thing up there, and wants to get it over.”
'Operation Certain Venture' - Former MOM leader Norm Olson, perhaps looking for a way to re-enter the limelight after his recent disgrace (see Summer 1996 - June 1997), tells reporters that the FBI is seeking a way to massacre the Freemen with the complicity of the local and national media, and calls on militia organizations to converge on Montana. He even releases his plans for “Operation Certain Venture,” an unarmed convoy of food, mail, and other supplies (including what he calls “women’s necessities”) that he says will help prevent an FBI slaughter. April 19, the day of the Branch Davidian conflagration and the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), might be a good day to set forth, Olson suggests. Olson is joined by the Alabama-based Gadsden Minutemen, led by Jeff Randall; Randall issues a plea for “dedicated volunteers,” but notes that “arrest is possible, and the FBI could very well decide to shoot unarmed civilians.” Mike Kemp, founder of the Minutemen, promises “there won’t be another Waco unanswered. They are pushing us to a confrontation. If the shooting starts, it could get very ugly, very quickly.” Kemp says the entire issue is over a few debts, and says the situation can easily be handled in civil court. On CBS’s Face the Nation, Olson says that if Jordan “is going to be the place where the second American revolution finally culminates in war, then it’s good for a battlefield commander to be there to look at the logistics, to look at the needs, and to find out exactly what the situation is on the ground.”
Other Opinions - Lawyer Gerry Spence, who represented Randy Weaver after the Ruby Ridge debacle, compliments the FBI on its restraint. “Patriot” leader James “Bo” Gritz, who helped negotiate Weaver’s surrender, implies that he is available to help negotiate a surrender for the Freemen as well, warning that “the longer these people stay within those walls, the more determined they get,” and even condoning the use of armed force against them if necessary. Samuel Sherwood of Idaho’s United States Militia Association calls the Freemen charlatans and rogues, and tells a reporter: “We’ve told everybody to stay away. These people aren’t what they are purporting to be. They are not the innocent victims of oppression.” Some members of Gritz’s “patriot” commune in Kediah, Idaho, a subgroup calling themselves the “Freemen Patriots,” go against their leader and issue claims of support for the Freemen, adding that the FBI standoff is a trap to capture more “patriots” and claiming that US Special Forces units have already been deployed at the scene. Some of the “Freemen Patriots” announce plans to hold a protest rally in Lewistown, Montana, on April 1 to support the Freemen, and ask all supporters to come sporting white ribbons. “We support the God-given right of our Freemen Brothers at Jordan, Montana, to be heard in a righteous constitutional court of law,” they proclaim. However, on April 1, only a few people actually show up. Lewistown police officer Bob Long describes the scene as “five or six guys out there at a RV park south of town. Right now, there are more newspeople in town than Freemen.” One extremist militia member, Bradley Glover, urges an array of violence to be mounted on behalf of the Freemen, but gets little reaction (see Late March 1996).
Twos and Threes - However, a small number of militia members attempt to visit the compound, usually traveling in groups of two or three. Some are allowed to visit the Freemen, but most are turned away, particularly if they are armed. If they are carrying fuel, groceries, firearms, or ammunition, these supplies are confiscated. Oklahoma militia leader and fugitive Stewart Waterhouse, with another militia member, Barry Nelson, breaks through a roadblock and drives into the ranch to join the Freemen. [Mark Pitcavage, 5/6/1996]

Entity Tags: Stewart Waterhouse, Norman (“Norm”) Olson, Samuel Sherwood, Steve McNeil, Tri-States Militia, Montana Militia, Randy Trochmann, Mike Kemp, Dale Jacobi, Cecil Weeding, Bradley Glover, Bob Long, Barry Nelson, Federal Bureau of Investigation, Montana Freemen, John Trochmann, Gadsden Minutemen, James (“Bo”) Gritz, Jeff Randall, Freemen Patriots, Gerry Spence

Timeline Tags: US Domestic Terrorism

Daniel Petersen and LeRoy Schweitzer.Daniel Petersen and LeRoy Schweitzer. [Source: Associated Press]The day after the FBI besieges the Montana Freemen compound (see March 25, 1996), federal indictments are unsealed charging Freemen leader LeRoy Schweitzer, along with Freeman Daniel E. Petersen Jr. and others, with conspiracy, mail and bank fraud, armed robbery, and threats against federal officials (see January 1994, June-July 1994, February - March 1995, May 1995, and September 28, 1995 and After). [Billings Gazette, 3/25/2006] Schweitzer was arrested after passing a fraudulent check to an undercover FBI agent. According to the indictment, Schweitzer gave an FBI agent a fake “comptroller’s warrant” for $3 million, in return for the profits made by selling imports bought with the $3 million. Had the scheme gone as planned, Schweitzer could have netted $1 million in cash from the operation. Lavon Hanson is charged with facilitating Schweitzer’s scheme. Some of the indictments have been pending for a long time; some of them apply to Freemen currently involved in the standoff with the FBI. Schweitzer, Petersen, Rodney Skurdal, Richard Clark, and Emmett Clark are charged with conspiracy to impede government function and threatening to assault, kidnap, and murder a judge and other government officials. The same five, along with John McGuire, Cherlyn Bronson Petersen, Agnes Bollinger Stanton, William Stanton (see October 17, 1994), Ebert Stanton, Ralph Clark (see 1980s-1994), and Dale Jacobi are charged with 51 counts of conspiracy to defraud and to obtain money through false pretenses, and interfering with commerce (see October 2, 1995). McGuire is in custody in another state; Stanton is behind bars. Ken Toole of the Montana Human Rights Network says of Schweitzer and the Freemen: “They have essentially drawn a line in the sand with law enforcement who have tried to enforce those laws. They have threatened local law enforcement and other public officials.” Addressing accusations that the FBI is harassing Schweitzer and his fellows for their beliefs, Toole says the indictments are “clearly a matter of what they have done, not what they believe.” [CNN, 3/28/1996; Mark Pitcavage, 5/6/1996] The arraignment hearing does not go well. Schweitzer and Petersen scream down the judge and other members of the court, shouting that the court has no jurisdiction over them and they will not listen to court officers. They demand a change of venue to “Justus,” and yell about “admiralty law” vs. “common law” and the fringed flag voiding any civil jurisdiction (see Fall 2010). The judge sends Schweitzer and Petersen into another room, and completes the arraignment without their participation, giving them written copies of the arraignment. Author Mark Pitcavage later notes that every court appearance by the Freemen is an opportunity for guerrilla theater. Soldier of Fortune writer Jim Pate later observes that their fanaticism is like a holy war (see April 1995). “Their political philosophy is based on their religious philosophy. And in that respect, they are very similar to the young man who was just convicted of murdering the prime minister of Israel (see November 4, 1995). They’re similar in the depth of their convictions to Hamas.” Musselshell County Attorney John Bohlman (see February - March 1995), learning of the FBI arrests, moves himself and his family from their Roundup, Montana, home, fearing Freemen retaliation; CB scanners pick up reports that the Freemen intend to come into Roundup and kill people, though none actually do. [Mark Pitcavage, 5/6/1996]

Entity Tags: Ebert Stanton, Richard Clark, Daniel Petersen, William Stanton, Cherlyn Bronson Petersen, Agnes Bollinger Stanton, Ralph Clark, Montana Freemen, Rodney Owen Skurdal, Dale Jacobi, Jim Pate, Federal Bureau of Investigation, Emmett Clark, Mark Pitcavage, LeRoy Schweitzer, John Bohlman, Ken Toole, John McGuire, Lavon T. Hanson

Timeline Tags: US Domestic Terrorism

As part of its far-flung raid against the Montana Freemen (see March 25, 1996), the FBI serves warrants on bank fraud specialist M. Elizabeth Broderick and over two dozen of her associates (see October 1995 - March 1997). Broderick declares the government has no authority to arrest or detain her. The FBI agents ignore her protests and seize boxes of evidence from the Essex House Hotel in Lancaster, California, where she runs her fraud seminars. Broderick is not arrested, but is ordered to appear in court (see April 1, 1996). [Mark Pitcavage, 5/6/1996]

Entity Tags: Federal Bureau of Investigation, M. Elizabeth Broderick, Montana Freemen

Timeline Tags: US Domestic Terrorism

Indicted Montana Freemen Daniel Petersen and LeRoy Schweitzer, who have previously attempted to disrupt court proceedings with shouts, curses, and specious legal wrangling (see March 26, 1996), remain quiet in the court while Judge Richard Anderson reads the indictment to them. However, when asked to enter a plea, Petersen shouts at Anderson that he wants “you to be an honest person and the rest of these perverts to be honest people.” Petersen is taken to a holding cell to watch the proceedings; Anderson enters “not guilty” pleas on their behalf. [Mark Pitcavage, 5/6/1996]

Entity Tags: Daniel Petersen, Richard Anderson, Montana Freemen, LeRoy Schweitzer

Timeline Tags: US Domestic Terrorism

Indicted Freemen leader LeRoy Schweitzer (see March 26, 1996) declares himself on a hunger strike, and is remanded to a federal detention center in Springfield, Missouri, that handles sick prisoners, so his health can be monitored. Both Schweitzer and his colleague Daniel Petersen refuse to bathe or change their clothes. In the following days, Schweitzer will abandon his hunger strike. Petersen will issue a barrage of legal documents, including “writs of mandamus” demanding his immediate release and charges to be dropped. He will threaten US Attorney Sherry Matteucci with imprisonment and a $1,000/day fine if she does not let him go. [Mark Pitcavage, 5/6/1996]

Entity Tags: Daniel Petersen, Sherry Matteucci, Montana Freemen, LeRoy Schweitzer

Timeline Tags: US Domestic Terrorism

Bradley Glover, a Kansas militia member (see October 1995 and After), faxes a pronouncement to other militia members titled “Operation Worst Nightmare,” in which he urges overt and violent support for the Montana Freemen, currently involved in a standoff with federal authorities (see March 25, 1996). Glover calls on militia units around the country to carry out a number of actions, from destruction of federal facilities to “confiscating” weapons from gun stores and even seizing jails, should the federal authorities use military force against the Freemen. “We must make every effort to avoid open conflict at all costs,” he writes, “but let us be clear if the federal [sic] step across this line [using military force] the constitutional militia have no choice.” Glover is not trusted by many in the militia community, and his call to action receives little support. [Mark Pitcavage, 1997]

Entity Tags: Montana Freemen, Bradley Glover

Timeline Tags: US Domestic Terrorism

M. Elizabeth Broderick, under investigation for a massive Freemen-inspired check fraud scheme (see March 27, 1996), fails to appear in court to answer charges filed against her. Neither do her accomplices, Adolf Hoch and Laura Marie Hoey, appear. A woman who refuses to give any other name than “Myra” appears on their behalf and says she is filing a response to the injunction prepared by Broderick’s attorney. Judge William Keller issues injunctions against Broderick filing fraudulent liens against a postal service employee and against her distributing fraudulent checks. Broderick continues giving her seminars teaching people how to defraud banks (see October 1995 - March 1997), but stops handing out checks. “I am just appalled to think that a federal judge, someone who we’re supposed to admire and respect, is committing a fraud,” she says. [Mark Pitcavage, 5/6/1996]

Entity Tags: Laura Marie Hoey, Adolf Hoch, Montana Freemen, M. Elizabeth Broderick, William Keller

Timeline Tags: US Domestic Terrorism

Four Montana legislators meet with four Freemen in “Justus Township,” currently besieged by FBI agents (see March 25, 1996), to discuss ending the standoff. The four are Democrats Joe Quilici and John Johnson, and Republicans Karl Ohs and Dick Knox. The eight meet in a mobile home near the main ranch house for several meetings over two days. The negotiations produce no tangible results. Two days later, Quilici characterizes the situation as “very, very volatile,” and says, “Right now, I can’t be optimistic.” The Freemen continue to insist on their own government and their own grand jury. Garfield County prosecutor Nick Murnion, who has dealt extensively with the Freemen (see 1993-1994 and November 1995), advocates a firmer approach, saying, “The only way negotiating works is if you apply pressure from a position of strength, and they are not doing that.” Instead, the FBI allows Ohs to promise the Freemen a “mechanism whereby their story could be heard.” Jim Pate, a Soldier of Fortune magazine reporter who has managed to visit the Freemen in their compound during the siege, reports that negotiations have failed, that the Freemen are unwilling to meet with any federal government officials, and that they are content to wait for a long time. [Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006]

Entity Tags: Joe Quilici, Dick Knox, Federal Bureau of Investigation, Jim Pate, Karl Ohs, Nick Murnion, Montana Freemen, John Johnson

Timeline Tags: US Domestic Terrorism

The Montana Freemen, engaged in a standoff with federal and state authorities (see March 25, 1996), post a press release on the gate of their compound for authorities and media members to read. It declares the “independence” of “Justus Township” (see September 28, 1995 and After) and reads in part, “It should be further made known to all Men that this republic, Justus Township, Montana state, united States of America, so affirmed in Law is NOT that de facto fiction, the corporation, incorporated in London, England in the year of Yeshua, the Christ, eighteen hundred seventy-one, A.D., the United States, a corporation, so defined as their own Title 28 U.S.C. 3005 (A)(15).” [Mark Pitcavage, 5/6/1996]

Entity Tags: Montana Freemen

Timeline Tags: US Domestic Terrorism

Michael Barkun, a Syracuse University professor and expert on the “Christian Identity” ideology (see 1960s and After) espoused by the Montana Freemen (see 1993-1994), says the low-key methodologies the FBI is using in its standoff with the Freemen (see March 25, 1996) is the proper approach. Barkun says: “They’ve done precisely what they should be doing with a group of this kind, namely being very careful not to act in a way that confirms the group’s beliefs. That suggests that some very important lessons have been learned.” Barkun is referencing the aggressive methods used by the FBI during its siege of the Branch Davidian compound in Waco, Texas, that ended in a fiery conflagration that killed most of the Davidians (see April 19, 1993). [Washington Post, 4/9/1996]

Entity Tags: Branch Davidians, Montana Freemen, Michael Barkun, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

Stephen Jones, the lead defense lawyer for indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), asks the court to provide him with classified documents from the CIA, Defense Intelligence Agency, and National Security Agency. The documents concern terrorist groups in Iraq, Iran, the Sudan, Great Britain, and Germany. In a sealed document not given to the prosecution, Jones tells Judge Richard P. Matsch that he has evidence from several confidential sources that the bombing was financed and carried out by a foreign terrorist group, and he wants the documents to prove that allegation. Prosecution member Beth Wilkinson calls the defense request “speculative and over-broad.” Federal officials say they do not believe the files will help the defense exonerate either McVeigh or his co-conspirator Terry Nichols, Wilkinson says, and adds that after April 21, 1995, when McVeigh was arrested (see April 21, 1995), the intelligence agencies had no role in the criminal investigation. “It is the government’s position that the bomb cost the defendants less than $1,000 to put together,” Wilkinson says. “They didn’t need a foreign government to finance the bombing.” Wilkinson says that the prosecution has already given Jones and Nichols’s lawyers an enormous amount of documents, including videotapes, photographs, laboratory reports, telephone and hotel records, and witness statements. Wilkinson says Jones’s attempts to get classified information are “effort[s] to investigate where the government stopped its investigation” of a possible overseas connection to the bombing. If the government were to allow Jones to review all its unrelated files, she says, “we would be here for years.” Matsch says he will read the request, but gives no indication as to how he will rule. Jones has also asked for documentation of accusations made by FBI forensic specialist Frederic Whitehurst, who has said that FBI scientists have not always handled evidence properly (see January 27, 1997). A Justice Department memo indicates that one of the FBI explosive experts who handled evidence in the Oklahoma City bombing case has been criticized by Whitehurst. Wilkinson says the government will turn over all pertinent information about Whitehurst’s complaints to the defense. [New York Times, 4/10/1996] Matsch will rule against the request. [Reuters, 4/30/1996]

Entity Tags: Terry Lynn Nichols, Beth Wilkinson, Federal Bureau of Investigation, Frederic Whitehurst, Timothy James McVeigh, Richard P. Matsch, Stephen Jones

Timeline Tags: US Domestic Terrorism

ABC News airs a documentary on the accused Oklahoma City bombers (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), entitled Rage and Betrayal: The Lives of Tim McVeigh and Terry Nichols. McVeigh, who is accused of actually detonating the bomb, gets the larger share of time. The documentary traces the family lives of both men, portraying them as unsuccessful products of broken homes and terming them “losers.” The documentary is a bit superficial and “glib,” says New York Times reviewer Walter Goodman. Another documentary, on Dateline NBC, is perhaps less superficial, Goodman writes, but host Bill Moyers presents a stronger point of view, arguing that the bombing was a political act fueled by extremists who hate the federal government. The NBC documentary spends less time on reviewing the facts of the case and more on Moyers’s position, and on the victims’ feelings, Goodman observes. [New York Times, 4/11/1996]

Entity Tags: Walter Goodman, ABC News, Terry Lynn Nichols, Bill Moyers, Timothy James McVeigh, NBC News

Timeline Tags: US Domestic Terrorism

Larry Shoemake as a young man.Larry Shoemake as a young man. [Source: Jackson Clarion-Ledger]Larry Shoemake, an Army veteran who has become a drifter, loner, and anti-government white supremacist, guns down eight African-Americans in a Jackson, Mississippi, restaurant before committing suicide. Shoemake will be compared to another ex-Army loner, Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Like McVeigh, Shoemake is enamored of The Turner Diaries (see 1978), a novel depicting a white supremacist US revolution that ends in genocide against minority Americans.
Blaming the Government, Minorities for His Failures - A 1961 high school graduate, Shoemake is a Vietnam veteran who had trouble adjusting to life after combat. He is well educated and once worked as a camera operator for the educational television station in Jackson. His father committed suicide in 1986. He repeatedly abused his first wife until she left him, and his next two marriages ended in divorce. He has trouble gaining and keeping employment; he did manage to secure a small role in the 1988 film Mississippi Burning, where he was shown carrying the bodies of three slain civil rights workers. Shoemake lived with his mother until she died in 1994. After her death, he began talking of suicide, telling relatives, “Unless I get killed by an automobile, I’ll choose my way out.” Friends and relatives will later say that after reading The Turner Diaries, he began blaming his failures on the federal government, African-Americans, and Jews. “It was like an eye-opener for him,” his third wife will later recall. “There was a distinct difference in him.” He began talking of moving to a white supremacist compound in the Ozarks. Instead, he remains in Jackson, stockpiling weapons and ammunition.
One Dead, Eight Wounded - On the afternoon of April 12, Shoemake pulls his pickup truck behind an abandoned Po’Folks restaurant in Jackson. He pries open the door of the restaurant and unloads two assault rifles, a pump shotgun, a pistol, a .357 Ruger, over 20,000 rounds of ammunition, a gas mask, and a jug full of gasoline. He pours the gasoline in a perimeter around the building. Then he sets up a firing “nest,” and, using his AR-15 assault rifle, begins shooting into a predominantly African-American neighborhood. His first victim is D.Q. Holifield, who has come to Jackson to buy clothes for his son’s birthday party. Shoemake kills him in a barrage of gunfire. Shoemake then shoots his son Johnny in the arm and thigh. When paramedics respond, Shoemake rakes the ambulance with gunfire, forcing it to flee. Onlooker Cherie McElroy, attempting to flee, is shot in the shoulder; her mother is shot in the hip. The wounded McElroy manages to drive away. Pamela Berry, a reporter for the Jackson Clarion-Ledger, is shot in the neck; the bullet barely misses two arteries that, had either been nicked, would have ensured her death. Onlooker James Lawson is shot in the leg, as is Lawson’s cousin Darrien Jackson and another onlooker, Dorothy Grayson. All but Holifield survive the rampage. Shoemake continues his onslaught for 40 minutes, in the process setting the gasoline ablaze. As the flames begin to engulf the restaurant, Shoemake places the Ruger’s barrel against his temple and kills himself. Investigators later remove Shoemake’s charred body from the debris. Police later determine he fires at least 100 rounds before killing himself
Police Find Arsenal, Clues - Police find 15 different makes of rifles in Shoemake’s home, along with two shotguns, military manuals, and another 20,000 rounds of ammunition; in all, Shoemake owns some $50,000 worth of weapons and materiel. No one is able to determine how he could afford such an arsenal. Police also find clues that indicate Shoemake may not have been operating on his own. A neighbor tells police of “funny looking fellows” coming and going from Shoemake’s house. “He’s a very weird neighbor,” says Dorothy Simpson, who lives near Shoemake. “He never spoke to anyone. He wasn’t very neighborly.” They find two walkie-talkies in the house. Inside, Shoemake has draped a Nazi flag across his bed, along with his mother’s Bible and a copy of Adolf Hitler’s autobiography Mein Kampf. A Confederate flag, a skull-and-crossbones flag, and a “shrine” to the Branch Davidians who died in Texas (see April 19, 1993) adorn the house. The house is full of scrawled notes, one reading: “I say: Annihilation or separation! Who is crazy, me or you? We will see.” Nearby lies a publication titled, “Separation or Annihilation,” written by William Pierce, the author of The Turner Diaries.
Letter to a Friend - Authorities also find a letter written to a friend a month earlier, but never mailed. It reads as follows: “Hi, Kay. I’m baaaccck! Got my coffee and ready to ramble. We could call this, ‘The Final Ramblings of a Mad Man.‘… I’m sliding down and the farther I slide the faster I slide, and there’s no brush or tree limbs or rocks or anything I can grab and stop the slide and hold on to. I’ve been sliding for a long time and I’m getting close to the bottom and when I hit it will be a great relief to me. The sudden stop won’t hurt. [W]e have to act insanely to bring back sanity. I’m talking getting our guns and start pulling trigger on our enemies. Kill hundreds of thousands or more.… They deserve to die. Now.… Blacks is the problem. Its in their genes.… The bottom line is: Separation or annihilation. I think I’m about to run out of ink. That’s not the only thing that’s running out.… I must go now and explore another planet, because I don’t like this one anymore. Love, Larry.” [Los Angeles Daily News, 4/14/1996; Associated Press, 4/14/1996; Southern Poverty Law Center, 12/1999; Jackson Clarion-Ledger, 3/19/2010] Police spokesman Lee Vance says, “It appeared that he sort of expected that his house would be searched by authorities in the aftermath.” [Los Angeles Daily News, 4/14/1996]
Healing - On April 19, after being released from the hospital, Pam Berry sits in a chair in front of the Southside Assembly of God Church auditorium, and briefly speaks to an assemblage consisting of the mayor of Jackson, police officers, paramedics, her parents, and others. The church, only a block from the Po’Folks restaurant, has bullet holes in its walls from Shoemake’s shooting spree. Berry’s father has told her that he worked with Shoemake and found him to be a nice person, “certainly no racist.” Berry tells the audience: “Don’t hate, and don’t take what happened to me and make it worse. Hate poisons everyone.… I’m glad that race wasn’t a consideration with the white nurse, the white paramedics, and the white doctors [who treated her wounds]. We shouldn’t let sicknesses like Shoemake spread to the rest of us. We can heal a city and we can heal each other. There are far more of us than there are of them.” [Jackson Clarion-Ledger, 3/19/2010]

Entity Tags: D.Q. Holifield, Johnny Holifield, Darrien Jackson, Dorothy Grayson, James Lawson, Dorothy Simpson, Pamela Berry, Cherie McElroy, Larry Wayne Shoemake, Lee Vance

Timeline Tags: US Domestic Terrorism

The New York Times publishes an op-ed commending the FBI on its restraint in handling the standoff with the Montana Freemen (see March 25, 1996). The FBI is using what the Times calls a “creative, restrained strategy for dealing with” extremists such as the Freemen, whom the Times calls a “strange, sometimes threatening band of religious bigots and tax scofflaws… hunkered down in farmhouses they have commandeered in rural Montana.” The Times notes the FBI’s “notoriously impulsive confrontations in years past,” an obvious reference to the Ruby Ridge (see August 31, 1992) and Waco (see April 19, 1993) debacles (which the editorial references later in the piece). “[T]his is a downright boring operation, with no forceful showdowns or violent deaths after nearly three weeks,” the Times states. “The bureau should keep it that way even if, as may happen, pressures for dramatic action mount.” The Times concludes: “The FBI deserves no special commendation for behaving in a rational manner. It should have done that before. What deserves praise is the bureau’s imaginative deployment of agents and local law enforcement officers around the farmhouses, at distances that give the Freemen no cause to fear imminent attack. This firm but unthreatening attitude sends a message that peaceful surrender is the inevitable end.… Local resentment could easily rise in the days to come, testing the FBI’s new patience. But time is on the bureau’s side. Having squandered that advantage at Ruby Ridge and Waco, the bureau should stick to its present civilized course.” [New York Times, 4/14/1996]

Entity Tags: New York Times, Federal Bureau of Investigation, Montana Freemen

Timeline Tags: US Domestic Terrorism

A 2009 photo of Ray Southwell and Norm Olsen. Both are wearing Alaska militia emblems.A 2009 photo of Ray Southwell and Norm Olsen. Both are wearing Alaska militia emblems. [Source: Redoubt Reporter]Former Michigan Militia leader Norm Olson (see March 25 - April 1, 1996) appears at the Freemen compound outside Jordan, Montana, currently surrounded by federal authorities (see March 25, 1996). Olson is wearing military fatigues and accompanied by two others, colleague Ray Southwell and attorney Scott Bowman. In recent days, Olson has issued a number of inflammatory statements, saying Jordan will be the site of a “second American revolution” led by Olson as “battlefield commander,” and promising “the loosing of the dogs of war.” He informs the FBI that he intends to breach its perimeter and go inside the compound, and issues a number of vague threats. “We will discuss either the terms of the FBI’s surrender,” he will later report that he tells the FBI, “or… the order of battle.” He also distributes fliers to agents which read, “FBI-ATF, are you ready to die because of the corruption within?” referring to the Bureau of Alcohol, Tobacco and Firearms. Agents refuse to talk to Olson, and stop him several miles from the compound. The next day, Olson again attempts to enter the compound and is again foiled. He then begins shouting at the officers and the reporters who have followed him. It does not take long for Olson to become a figure of fun among the reporters and citizens of the area. He will spend a lot of time in a Jordan restaurant, and an agent dubs him and Southwell “Yogi Bear and Boo-Boo.” Olson tells one amused FBI agent, “You come up to Northern Michigan, mister, and I’ll see you in my crosshairs.” [Mark Pitcavage, 5/6/1996]

Entity Tags: Montana Freemen, Scott Bowman, Ray Southwell, Norman (“Norm”) Olson, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

Mourners gather at the site of the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) on the first anniversary of the bombing and pause for 168 seconds of silence—one second for each victim. A trumpeter plays “Amazing Grace,” “America the Beautiful,” and “Taps” during the brief memorial service. Accountant Joanne Rosenkilde says: “It was overwhelming. I couldn’t believe it happened. This terrorism… I thought we were sort of immune from all of it. I once worked in the commissioner’s office, and we had to be aware of irate people. There were threats we were aware of, but it never came to be.” [Washington Post, 4/20/1996; Fox News, 4/13/2005]

Entity Tags: Joanne Rosenkilde

Timeline Tags: US Domestic Terrorism

Jack McLamb during his days as a Phoenix, Arizona, police officer.Jack McLamb during his days as a Phoenix, Arizona, police officer. [Source: Jack McLamb]The FBI refuses to allow three “celebrity” would-be negotiators to enter the Montana Freemen compound, currently surrounded by federal and local authorities (see March 25, 1996). Famed “Patriot” leader James “Bo” Gritz (see March 25 - April 1, 1996), Gritz’s associate Jack McLamb, and Ruby Ridge survivor Randy Weaver (see August 31, 1992) offer their services as negotiators, but are not allowed to go through the perimeter. [Mark Pitcavage, 5/6/1996] The FBI will eventually allow Gritz and McLamb to attempt to negotiate with the Freemen (see April 27, 1996).

Entity Tags: Jack McLamb, Federal Bureau of Investigation, Randy Weaver, Montana Freemen, James (“Bo”) Gritz

Timeline Tags: US Domestic Terrorism

The FBI allows “Patriot” militia leader James “Bo” Gritz and his partner, former police officer Jack McLamb, to take part in negotiations to end the siege of the Freemen compound outside Jordan, Montana (see March 25, 1996 and April 25, 1996). The two men helped end the Ruby Ridge siege in Idaho (see August 31, 1992). Most law enforcement officials do not like either Gritz or McLamb, but they hope that with the two’s established credibility in the militia movement and their success in Idaho, they may be able to negotiate a successful surrender. Garfield County prosecutor Nick Murnion says: “There’s some hope. I think [Gritz] is of the right political persuasion, and certainly probably has more credibility with these folks than a lot of potential negotiators. So he does seem to offer them the possibility to come out in a more dignified manner.” After seven hours of negotiations with the Freemen, militiaman Stewart Waterhouse, who joined the besieged Freemen weeks before (see March 25 - April 1, 1996), leaves the compound, and authorities begin to hope that Gritz and McLamb are making headway. But Gritz gives mixed impressions in his initial reports to the press. He says the situation is “bridgeable,” but seems to fundamentally misunderstand the Freemen, saying that they “have no white supremacy, separatist tendencies that I saw. None at all.… They brought up the fact and said, ‘Where is the media getting the idea we have any prejudice or bias?’” Many of the Freemen, including leader Rodney Skurdal, have produced inordinate reams of court documents and other statements laced with virulently racist and anti-Semitic diatribes. Author Mark Pitcavage will later write, “In any event, there was something that Gritz was not ‘getting.’” [Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006] Gritz and McLamb will give up after four days (see May 1, 1996).

Entity Tags: Montana Freemen, Jack McLamb, James (“Bo”) Gritz, Mark Pitcavage, Rodney Owen Skurdal, Stewart Waterhouse, Nick Murnion

Timeline Tags: US Domestic Terrorism

Militia leader James “Bo” Gritz, brought in four days earlier to help negotiate an end to the Freemen standoff in Montana (see March 25, 1996 and April 27, 1996), quits. On the third day of negotiations, the Freemen told Gritz and his partner, Jack McLamb, that they would surrender if they could speak before the Montana legislature—which is not due to convene until 1997. No one was sure if the offer was a sincere one. Gritz relayed offers of reduced or even dropped charges for some of the Freemen. He and McLamb, along with Soldier of Fortune reporter Jim Pate, believe that the Freemen are divided into two groups: one willing to negotiate a deal, and one controlling the group and entirely unwilling to make any deal. Despite the hopes of the negotiators, no one else leaves the compound. Instead, the Freemen tell Gritz that all of them have made an “affirmation” to God not to surrender, and even say that God has placed an invisible barrier around the farm that protects the Freemen from outsiders. They restate their demands for a common law court of male, “non-14th Amendment” citizens, not government employees or in debt to anyone (see Fall 2010). [Billings Gazette, 3/25/2006] In his newsletter, Gritz will say that the Freemen are ruled by a small “hard core” of leaders—Edwin Clark, Dale Jacobi, Russell Landers, and Rodney Skurdal—who are holding others hostage, including three young girls. Gritz will write that he had implored Clark to let the nonmembers go, to no avail. “I beseeched Edwin to release the non-Freemen,” he will write. “His pained reply made it clear that they knew the value of placing children between themselves and the FBI.” Gritz will write that Clark replied, “But, Bo, if the others left, what would happen to the Freemen?” Gritz says his time with the Freemen was marked by dwindling food stores, a large weapons arsenal, and incessant rants about the “Zionist Occupational Government” the Freemen say is manipulating the United States. According to Gritz, the oldest of the three girls, 14-year-old Ashley Taylor, tells him: “I am only here because of my mom. This is not something I am willing to die for. I haven’t even started to live.” Her mother is Dana Dudley Landers. [New York Times, 5/18/1996] Gritz calls the Freemen a “potpourri circus of over-the-hill outlaws, people with no past or future.” According to Gritz, the Freemen’s grip on reality is sometimes tenuous. He will say that Dudley Landers told him her father had been a great physicist murdered in Europe because he knew the truth about flying saucers; recalling that tale, Gritz will say, “I expected to see Alice and the Mad Hatter appear.” [New York Times, 6/15/1996]

Entity Tags: Jim Pate, Dana Dudley Landers, Dale Jacobi, Ashley Taylor, Edwin Clark, James (“Bo”) Gritz, Rodney Owen Skurdal, Russell Dean Landers, Montana Freemen, Jack McLamb

Timeline Tags: US Domestic Terrorism

Lawyers for the accused Oklahoma City bombers (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) assail the prosecution’s decision to seek the death penalty against their clients. They say that Attorney General Janet Reno, who made the final decision to seek the execution of Timothy McVeigh and Terry Nichols if they are convicted (see October 20, 1995), ignored Justice Department procedures in making that decision. “The government cannot simply ignore its own rules when it decides who lives or dies,” says McVeigh’s lead lawyer, Stephen Jones. Jones accuses Reno of “categorical prejudgment” of the death penalty. Nichols’s lead lawyer, Michael Tigar, calls Reno’s decision “two-faced.” Both note that within hours of the bombing, Reno announced the government would seek to execute whoever carried out the attack (see 4:00 p.m., April 19, 1995 and April 22, 1995); rules adopted in February 1996 allow the attorney general to seek the death penalty in federal cases only after informing defense lawyers and going through a review by an in-house Death Penalty Committee. US Attorney Sean Connelly counters that when Reno announced that “she would prosecute [the bombing] to the fullest extent possible, she was not acting as a judge, she was acting as a law enforcement officer.” Defense lawyers also argue that the 1994 federal death penalty statutes are unconstitutional. Connelly retorts, “If the death penalty is not appropriate in this case, it would be hard to imagine any case where it would be.” [New York Times, 5/2/1996]

Entity Tags: Sean Connelly, Janet Reno, Michael E. Tigar, Terry Lynn Nichols, Timothy James McVeigh, US Department of Justice, Stephen Jones

Timeline Tags: US Domestic Terrorism

Charles Duke.Charles Duke. [Source: Crooks and Liars]At the FBI’s request, Colorado Republican State Senator Charles Duke, a respected figure in militia circles, arrives in Jordan, Montana, to negotiate with the besieged Montana Freemen (see March 25, 1996). Duke and FBI negotiators spend six days in fruitless negotiations culminating in an argument between Duke and Freemen leader Rodney Skurdal. Duke says only half of those in the compound are real Freemen, with the rest “nothing but criminals trying to escape prosecution.” The Freemen promise to allow Duke and an FBI team to interview everyone in the compound, and to release two young girls among their number, but fail to deliver on either promise. [Chicago Tribune`, 5/24/1996; Billings Gazette, 3/25/2006] Gloria Ward and her two daughters, aged 8 and 10, appear at one negotiating session with their luggage packed as if readying to leave, but instead of exiting the compound, they go back inside when the talks end. [Reuters, 5/20/1996]
Talks End in Angry Shouts; No Support from Militias - Duke is blazingly angry at the Freemen’s refusal to honor their promises. As Skurdal climbs into an automobile to go back to the ranch house, he shouts, “You aren’t enough of a man to come face me, get out of that car!” Afterwards, Duke says: “I told him, ‘I’m going to go out of here and I’m going to tell the American people what you’re doing here. You will not get support from the patriot community, you will not get support from the militia community, and if you die, nobody’s going to avenge you.’” Many in the militia community have similar feelings as Duke’s. Montana Militia leader Randy Trochmann says: “People in contact with them understand now that what they were doing was fraud. With the public, a good percentage of them want the FBI just to leave, put a berm around the house, and let the state police patrol it. And another percentage just want them [the FBI] to go in and finish them off.” [Los Angeles Times, 6/5/1996] Duke adds: “The FBI has now pursued each and every avenue to a peaceful solution. If it should come to a less than peaceful solution, I can tell you for sure the FBI has bent over backwards to avoid it.… One can only conclude the adults inside care only for their safety and care not one whit for the safety of their children, because they’re willing to sacrifice them and use them as a shield (see May 1, 1996). I think it’s unconscionable.” After Duke leaves, the Freemen begin rotating armed foot patrols, something they have not yet done during the duration of the standoff. [Associated Press, 5/21/1996] After leaving the Freemen ranch, Duke says he sees little hope of resolving the standoff by peaceful means. “I realized this is going nowhere,” he says. It is time for the FBI to make the Freemen “feel some pain.” [Chicago Tribune`, 5/24/1996] “This is not a battle for the militias,” Duke later adds. “The Freemen are using the Constitution as a facade to prevent their incarceration for illegal activity.” Militia leader James “Bo” Gritz, who himself attempted to negotiate an end to the standoff (see May 1, 1996), says the standoff is not a cause for any militia groups or their supporters. “There isn’t anyone in the legitimate patriot movement who doesn’t want to see the Freemen out and before the bar of justice,” he says. “The FBI are wrong in their fears.” Gritz is referring to fears that if the FBI moves on the Freemen, the right-wing militia groups will condemn the bureau for its actions, and perhaps launch counterattacks. [New York Times, 5/24/1996]
Fear of Cancer, 'No Brains' Drugs - At least one of the Freemen expresses his fear of being injected with cancer cells and “no brains” drugs if he were to go to jail, and several of the Freemen say they are ready to shoot it out with the FBI. The information comes from audiotapes Duke makes of his conversations with the Freemen; he will publicly air some of the tapes on the June 17, 1996 broadcast of Dateline NBC. Freeman Edwin Clark says: “When [LeRoy Schweitzer, the Freeman in federal custody] went to Missouri (see March 30-31, 1996), a man, a doctor from New York City, come in and told Leroy, he says, ‘You’ll never see the light of day.’ And he says, ‘I’ll guarantee you before you leave here I’m gonna inject you with a, with a deadly ah… dose of cancer.” Clark says that government officials have tried to kill other jailed Freemen: “I know of two of them, one of them at least, he was as healthy as a [expletive] horse when he went in there, and he came back… there was another one, I can’t remember his name, they, they give him a lethal dose of ‘no brains’ when he come back.” [Associated Press, 6/17/1996]

Entity Tags: Montana Freemen, LeRoy Schweitzer, Gloria Ward, Federal Bureau of Investigation, James (“Bo”) Gritz, Edwin Clark, Rodney Owen Skurdal, Randy Trochmann, Charles Duke

Timeline Tags: US Domestic Terrorism

Right-wing political leader Benjamin “Bibi” Netanyahu becomes Israel’s new prime minister. When the campaign to replace assassinated Prime Minister Yitzhak Rabin (see November 4, 1995) began in early 1996, even Netanyahu’s fellow Likud leaders did not believe he had a chance of being elected. At at least one rally after Rabin’s death, crowds chanted “Bibi’s a murderer!” accusing Netanyahu of inciting the violence that led to Rabin’s death (see October 1995 and November 4, 1995 and After). Netanyahu’s opponent, Shimon Peres, cast himself as Rabin’s successor, and the Clinton administration tacitly endorsed Peres as the best hope for peace between Israel and the Palestinians. But Netanyahu is a polished orator with a strong following among the hardline conservatives and religious fundamentalists both in Israel and the US. He also knows how to appeal to America’s more secular, cosmopolitan Jewish community. He hired Arthur Finkelstein, a prominent Republican political consultant, to run a campaign smearing Peres as a weak, ineffective leader who will betray Israel to the Arabs. Peres was befuddled by Netanyahu’s slick, US-style attack campaign and his ability to secure financial and other support among American Christian fundamentalists. The election hung in the balance when a timely spate of Hamas bombings in February and March, and a Netanyahu ad campaign blaming the attack on Peres’s supposed weakness, gave Netanyahu enough voter support for him to eke out a razor-thin margin of victory. US envoy Dennis Ross, one of the Clinton officials involved in the Oslo peace talks, later recalls that he and his colleagues were horrified at Netanyahu’s victory. “Our collective relief became a collective dread,” he will later write. [Unger, 2007, pp. 143-144]

Entity Tags: Yitzhak Rabin, Arthur Finkelstein, Benjamin Netanyahu, Clinton administration, Dennis Ross, Hamas, Shimon Peres

Timeline Tags: US International Relations

Norm Olson. Olson is wearing an ‘Alaska Citizens’ Militia’ shoulder patch as part of his pseudo-military garb.Norm Olson. Olson is wearing an ‘Alaska Citizens’ Militia’ shoulder patch as part of his pseudo-military garb. [Source: Political Carnival]Former Michigan Militia members Norm Olson and Ray Southwell concoct the idea of holding a “Third Continental Congress” to redress the problems they see plaguing the nation—problems they believe stem primarily from a conspiracy of Jews, liberals, and minorities to repress white Christians. Olson and Southwell were thrown out of the Michigan Militia after Olson told media representatives that the April 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was engineered by the Japanese government in retaliation for the CIA’s supposed involvement in the Tokyo subway gas attack. Southwell envisions the Third Continental Congress, or TCC, to operate as a directing body for all the nation’s various militia groups, working together under the TCC rubric to “reestablish justice in America for all the people, whatever color they may be, or whatever faith system they may observe.” Southwell calls the envisioned dominance of the TCC “God’s will.” Olson says: “My goal is not to plan a revolution, for revolution will come. My goal is not to point fingers, lay blame, or find fault, for few doubt the crimes of the present de facto government. My goal is not to cast support to politicians or to shore up the broken machine that the federal government has become. Rather, my goal is to establish the Republican Provisional Government.” The first official TCC meeting, held in October 1996 in a Kansas City, Missouri, Holiday Inn, only attracts about a dozen delegates due to bad weather, though a few more arrive as the meeting wears on. Attendees include Sarah Lowe, whose husband currently heads the white separatist “Republic of Texas,” and Texas conspiracist James Vallaster. Southwell issues a manifesto calling for a Continental Defense Force, a repackaging of his original Third Continental Congress idea. The next meeting of the TCC occurs in January 1997 in Independence, Missouri, with nothing concrete being determined. Some TCC delegates, impatient with the inaction, decide among themselves to take some sort of decisive action. Several delegates, including Ronald Griesacker (a corrections officer, a well-known figure among militias, and a former Republic of Texas member), Kevin and Terry Hobeck (owners of an Ohio trucking firm), and Dennis and Ardith Fick, decide to form their own Continental Congress, which reportedly meets in Silver Lake, Indiana, in February 1997. One of this splinter group’s first members is Bradley Glover (see October 1995 and After), a Kansas militia member looking for extremist groups with an eye to violence. Other members include Thomas and Kimberly Newman, Michael Dorsett (a tax dodger and “common law” advocate), Merlon “Butch” Lingenfelter Jr. (a Wisconsin dairy farmer whose family believes a vast Jewish conspiracy runs most of Western civilization—see 1986), and, unbeknownst to the other members, several undercover officers of the Missouri State Highway Patrol, who were at the January 1997 TCC meeting and were concerned about the radical statements of some of the splinter group’s members. In April 1997, the splinter members meet in Towanda, Kansas. Glover and Dorsett make increasingly fiery statements, impelling some of the other members to leave. The focus of the meeting turns to the idea of foreign, United Nations-led troops being housed at US military bases, presumably to help the US government crush the “patriot” militia movement and impose martial law. Later that year, Mark Pitcavage of the Anti-Defamation League will write: “Allegations of such troops had been made so often and with such confidence in the patriot community that their presence was taken for granted by many patriots. Radio broadcaster Mark Koernke regularly spoke of hundreds of thousands of UN soldiers hiding in the United States, at military installations, in the national parks, and elsewhere. Indeed, the New World Order (see September 11, 1990) hardly seemed to bother with the effort of hiding them any longer.” The members that remain decide to take action. They determine to develop an arsenal of weapons and military equipment with which to attack government installations that are presumed to house foreign troops. They will hide in safe locations. The Hobecks sell their trucking firm to provide cash for the group, and travel to Colorado to establish a “base” at the Thirty Mile Resort in the Rio Grande National Forest. Others stage reconnaissance missions on military bases, including Holloman Air Force Base at Alamagordo, New Mexico. They station guards during the April and May 1997 meetings in Towanda, and even arm their children, who help patrol Glover’s farm. In June, Glover moves into Dorsett’s home in Arlington, Texas, in preparation for a strike on Fort Hood (see July 4-11, 1997). [Mark Pitcavage, 1997]

Entity Tags: Third Continental Congress, Ronald Griesacker, Sarah Lowe, Terry Hobeck, Thomas Newman, Ray Southwell, Republic of Texas, Missouri State Highway Patrol, James Vallaster, Kevin Hobeck, Dennis Fick, Ardith Fick, Bradley Glover, Kimberly Newman, Michael Dorsett, Merlon (“Butch”) Lingenfelter, Jr., Norman (“Norm”) Olson, Mark Pitcavage, Mark Koernke, Michigan Militia

Timeline Tags: US Domestic Terrorism

In its escalating pressure against the besieged Montana Freemen (see March 25, 1996), the FBI shuts off the electricity to the Freemen’s compound. [Billings Gazette, 3/25/2006] The Freemen have at least one generator, so they are not entirely without electricity; it is possible that they could go for months without outside power. If the power shutdown elicts no response, the FBI has other options it can implement, including moving agents incrementally closer to the main buildings, disrupting the Freemen’s satellite feeds and other communications, and even blocking their access to outside food sources such as fish ponds and storage buildings. “In effect, we could shut them off from the world,” says one official, who adds that the steps would be put into effect gradually in the hope that any one of them might lead to negotiations. Officials say any escalation would have to be gradual to ensure that the situation does not escalate out of control. They say they have no plans to raid the compound at this time. FBI Director Louis Freeh is monitoring the standoff very closely, officials say, and has mediated discussions and disputes between his aides and his field commanders. [New York Times, 6/5/1996; Associated Press, 6/10/1996]
Dissenting Viewpoints on Efficacy of Power Shutdown - The next day, retired FBI agent Joe Conley tells PBS news anchor Jim Lehrer that he thinks the power shutdown is “basically going to send a signal. In and of itself, turning off the electricity isn’t going to prompt these people to come directly to the negotiating table, but it is telling them that the FBI is there, law enforcement is there, and law enforcement is not going to go away.” Freelance writer and reporter Lawrence Myers disagrees with Conley about the efficacy of shutting down the Freemen’s power, saying: “They, first of all, don’t recognize the jurisdictional authority of the people who have them surrounded. Second of all, as I recall looking into this, I flew up there last year to talk with these people and look into it, and the fact is that in the late 1980s, the electricity was shut off on the Clark ranch (see September 28, 1995 and After) for three years. Nobody came out. Nobody moved away.” State Senator Charles Duke (R-CO), who has come off a series of frustrating negotiations with the Freemen (see May 15-21, 1996), says while he believes the electricity shutdown will have a “helpful long-term” effect, the Freemen are not a unified whole: “Had it just been up to the Clarks, this would have been over sometime ago, I believe. But what you’ve got there are some destabilizing factors, such as Russ Landers, Dale Jacobi, and Rod Skurdal,” he says, and those men are influencing the others to stay put in defiance of the FBI. “[T]hose are the three main destabilizing factors, and my recommendation to the FBI when I left is that those three somehow be isolated from the remainder of the farm, if necessary by force. And I think the rest of the farm would capitulate. I have seen people who are prepared to die for their beliefs, and these people don’t strike me as that type of person.”
Senator: FBI Showing Admirable Restraint - In a sidebar to the conversation about the power shutdown, Duke tells Lehrer that he admires the FBI’s restraint in handling the Freemen. “I think they have been lenient deliberately,” he says. “That’s really to the FBI’s credit—not to say they will always do this, but they’re at least doing that in this case. I think it’s more going out of their way, even over-correcting, if necessary, in order to make sure that the constitutional rights of these people is observed, and an example of how far the FBI was willing to go is they were willing to step aside if these people on the Clark ranch would simply walk across the cattle guard, the FBI would step aside and let the county sheriff process this, these people or the Montana State Police, or the Montana state legislature.” Myers agrees, noting that Attorney General Janet Reno said if given the chance to redo the FBI siege in Waco, Texas, which resulted in the deaths of almost 80 Branch Davidians (see April 19, 1993), “she’d do a lot of things differently. Well, this is the opportunity to demonstrate what type of patience they’re willing to show with American citizens. I think they’re doing fine so far and I know it’s problematic.… I think [Duke] and I and Mr. Conley can agree, this is a very unique, very difficult, and incredibly complicated negotiating situation here.” [PBS, 6/4/1996]

Entity Tags: Louis J. Freeh, Montana Freemen, Russell Dean Landers, Rodney Owen Skurdal, Lawrence Myers, Jim Lehrer, Dale Jacobi, Charles Duke, Janet Reno, Federal Bureau of Investigation, Joe Conley

Timeline Tags: US Domestic Terrorism

Two adults and two children leave the Montana Freemen compound, which has been surrounded by federal and local law enforcement officials for 74 days (see March 25, 1996). Gloria Ward, her common-law husband Elwin Ward, and her two preteen daughters, Courtnie Joy Christensen and Jaylynn Joy Mangum, leave voluntarily. Gloria Ward faced charges in Utah for felony custodial interference for taking the girls out of state in defiance of a court order; Utah agreed to drop the charges as part of the deal that persuaded the Wards to leave the compound. “The love of family played a significant part in this result,” says US Attorney Sherry Matteucci. “This is a positive indication we’re moving forward. It was a very important accomplishment to get those kids out of there.” Courtnie Joy Christensen’s biological father, Robert Gunn, who has custody of his daughter but has not seen her for 18 months, hopes to take her home soon. Garfield County prosecutor Nick Murnion says: “When a mother with two children sees armored vehicles, helicopters, and SWAT teams come into position with her power cut off (see May 31, 1996 and June 3, 1996), she’s going to realize it’s getting dangerous.… I don’t see this as a green light for the FBI’s tanks to roll in tomorrow. But this is a relief to everybody in this community.” [New York Times, 6/6/1996; Los Angeles Times, 6/7/1996]

Entity Tags: Jaylynn Joy Mangum, Courtnie Joy Christensen, Elwin Ward, Gloria Ward, Montana Freemen, Sherry Matteucci, Federal Bureau of Investigation, Nick Murnion, Robert Gunn

Timeline Tags: US Domestic Terrorism

Tax protester Joseph Martin Bailie is arrested for trying to blow up the Internal Revenue Service building in Reno, Nevada with a fertilizer bomb (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The bomb fails to explode. He will be sentenced to 36 years in prison. [Southern Poverty Law Center, 6/2001; Anti-Defamation League, 2011]

Entity Tags: Internal Revenue Service, Joseph Martin Bailie

Timeline Tags: US Domestic Terrorism

A flurry of talks between FBI negotiators, outside parties, and the holed-up Montana Freemen (see March 25, 1996) signals that the 80-day standoff is about to conclude. Yesterday, LeRoy Schweitzer, the jailed leader of the Freemen, gave his blessing for a surrender (see June 11, 1996). A 16-year-old girl, Ashley Landers (whom federal authorities say is legally named Amanda Michele Kendricks), voluntarily leaves the compound; a local prosecutor says she will be taken into state custody. She was the last child left inside the compound. Karl Ohs, a Montana legislator acting as a mediator between the FBI and the Freemen (see April 17, 1996), arrives in nearby Jordan, Montana, to help conclude the final surrender negotiations. Agents in flak jackets dismantle the tent-like shelter at the compound’s entrance, used for meetings between Freemen and negotiators, and other agents drive three passenger vans to a nearby church, apparently in preparation for the Freemen’s surrender and departure. The FBI wins the cooperation of neighboring farmer Dean Clark, who tries to begin planting on 2,300 acres adjacent to the Freemen ranch; he agrees to delay planting for a day. [Associated Press, 6/13/1996; New York Times, 6/13/1996] The next day, the Freemen surrender peacefully (see June 13, 1996).

Entity Tags: Federal Bureau of Investigation, Ashley Landers, Dean Clark, Karl Ohs, LeRoy Schweitzer, Montana Freemen

Timeline Tags: US Domestic Terrorism

June 13, 1996: Freemen Surrender Peacefully

A distant shot of the Freemen compound. Reporters were not given much access to the area, and photographs of the area and the participants in the standoff are limited.A distant shot of the Freemen compound. Reporters were not given much access to the area, and photographs of the area and the participants in the standoff are limited. [Source: CNN]The besieged Montana Freemen (see March 25, 1996) surrender peacefully to federal authorities. Officials credit Freemen leader Edwin Clark (see June 11, 1996) with playing a key role in negotiating the surrender. [Billings Gazette, 3/25/2006] The New York Times writes that the siege ends “so peacefully that the surrender [does] not even disturb the cows grazing at the group’s remote Montana ranch.” Local postal carrier and rancher Ruth Coulter exclaims after the surrender: “My God, it’s finally over! And nobody got killed! Wonderful. Wonderful!” [New York Times, 6/14/1996]
16 Freemen Surrender - CNN identifies 16 people still inside the compound: Ralph Clark (see 1980s-1994), the elderly leader of the Clark family and one of the group’s leaders; Clark’s wife Kay; Clark’s brother Emmett Clark, the actual former owner of the 960-acre wheat farm occupied by the Freemen and dubbed “Justus Township” (see September 28, 1995 and After); Emmett Clark’s wife Rosie; Ralph Clark’s son Edwin; Edwin Clark’s son Casey Clark; Rodney Skurdal, a founder of the group (see 1983-1995); Russell Dean Landers, one of the leaders of the group and a member of a North Carolina anti-government, anti-tax group called “Civil Rights Task Force”; Dana Dudley Landers, Landers’s common-law wife, a fugitive from federal and state charges, and a member of the “Civil Rights Task Force”; Dale Jacobi, a former Canadian policemen; Steven Hance, who faces state charges from North Carolina; Hance’s sons John Hance and James Hance; Cherlyn Petersen, the wife of arrested Freemen member Daniel Petersen; Casey Valheimer; and Barry Nelson, who with another man entered the ranch after eluding blockades (see March 25 - April 1, 1996). [CNN, 6/12/1996] The surrender is peaceful; the Freemen drive to the ranch gates in cars, trucks, and a Winnebago motor home. They gather in a quiet circle for a final prayer. Then Edwin Clark approaches an agent and shakes hands. Finally, in pairs escorted by Clark, they surrender to waiting agents, who ease them into passenger vans. Clark is the last one to enter custody. Fourteen of the Freemen are taken to the Yellowstone County jail in Billings, 175 miles away from Jordan. Two, Kay Clark and Rosie Clark, face no charges and are not jailed, though the FBI says they will not be allowed to return to the compound. After hearing of the surrender, President Clinton tells guests at a state dinner, “We will all say a little prayer tonight for this peaceful settlement.” [Los Angeles Times, 6/14/1996]
FBI Director 'Obviously Relieved' - FBI Director Louis Freeh, described by the Los Angeles Times as “obviously relieved,” says the FBI “put patience above the risk of bloodshed” to end the standoff. He says the bureau “made no deals to drop or lessen the federal charges” against any of the Freemen in order to precipitate the surrender. Of critics who called for quicker and perhaps more “tactical” solutions, Freeh says: “I understand their impatience. But it was essential that we followed our established crisis management procedures.” He says the standoff proves the worth of the new crisis response plans implemented after the tragedies in Ruby Ridge, Idaho (see August 31, 1992), and Waco, Texas (see April 19, 1993). This time, the bureau used “a fundamentally different approach” that “may not always work, but it worked here.” Giving negotiators more influence during the standoff did cause some “disagreements” and “friction” within the FBI, Freeh acknowledges, but it was the right decision to make. Deputy Attorney General Jamie Gorelick says “[t]he tactical option was always on the table.” Freeh notes that as the standoff wore on, the Freemen gained a certain level of reluctant trust in the bureau. “We never broke a promise to them,” he says, and “we told them before things happened,” such as cutting off electrical power (see June 3, 1996). [Los Angeles Times, 6/15/1996]
Outreach to Rightist Figures, Low-Key Techniques Brought Successful Resolution - FBI agents credit help they received from militia members in helping to resolve the standoff, along with the new, more low-key techniques of handling such confrontations now being used by the bureau. “Overall, our approach was to find a balance between negotiations and other lawful means,” says FBI agent Ron VanVranken, who took part in the final settlement negotiations. “We recognized it would be prudent and beneficial to use the services of third-party intermediaries and to be constantly soliciting the advice of outside experts.” Freeh says he was supportive of the decision to use third-party negotiators who hold similar anti-government views to those of the Freemen: “I think that, given all the other cumulative steps over the last 81 days, that that helped persuade the remaining subjects to finally come out of the compound.” The Los Angeles Times says that the FBI’s strategy of reaching out to far-right figures may have had an added benefit of creating dissension among rightist groups (see March 25 - April 1, 1996) and avoiding a “united front” of opposition that might have helped strengthen the Freemen’s resolve to continue holding out. “It was probably a wise move that the Freemen came out, as opposed to being burned out or shot,” says Clay Douglas, publisher of the far-right Free American newspaper and a leading member of the “Patriot” movement. “And it’s an election year, so the FBI had to be good.” However, the FBI’s decision to use “Patriot” negotiators “was pretty smart on their part. It has divided a lot of patriots. A lot of people thought they were being traitors for going in and trying to talk them out. Some people side with the Freemen. Some people side with the ‘Patriot’ leaders. So it’s just another small part of how the government keeps America divided. It’s called gradualism. They keep gradually encroaching on our freedoms.” The FBI brought in militia leaders James “Bo” Gritz and Jack McLamb (see April 27, 1996), Colorado State Senator Charles Duke, a rightist sympathizer (see May 15-21, 1996), and white supremacist lawyer Kirk Lyons (see June 11, 1996); even though most of their attempts at negotiations failed, it served to build a “bridge” between the FBI and the Freemen. Another technique was to promote Edwin Clark, the Freeman the FBI considered the most likely to leave the compound, as a leader in the absence of arrested Freemen LeRoy Schweitzer and Daniel Petersen (see March 25, 1996). The final element was the introduction of Lyons, who was contacted three weeks ago by FBI agents and asked for a plan to negotiate with the Freemen. Lyons’s colleague Neill Payne says somewhat incredulously, “It is to Director Freeh’s credit that he was broad-minded enough to go along with a crazy scheme like ours.” [Los Angeles Times, 6/15/1996]

The Yellowstone County Courthouse in Billings, Montana, where the 14 Freemen are arraigned.The Yellowstone County Courthouse in Billings, Montana, where the 14 Freemen are arraigned. [Source: Civic Images (.com)]A group of 14 Montana Freemen make their first court appearance after surrending to federal authorities (see June 13, 1996). The 14 Freemen being processed are: Casey Clark, Edwin Clark, Emmett Clark, Ralph Clark, James Hance, John Hance, Steven Hance, Dale Jacobi, Dana Dudley Landers, Russell Dean Landers, Barry Nelson, Cherlyn Petersen, Rodney Skurdal, and Casey Valheimer. The elderly wives of two of the Freemen, Kay Clark and Rosie Clark, face no criminal charges. The Freemen in court are defiant and disruptive. Most of them object to the proceedings and refuse to acknowledge the charges being brought against them. Some of them refuse to acknowledge their names; when Magistrate Robert Holter asks Skurdal his name and explains that he wants to ensure that he is the right person, Skurdal retorts, “I object to your calling me a person, your honor.” Dana Landers responds to a similar question by reciting: “I am a Christian. My flag is red, white, and blue; it’s an American flag. The Holy Scriptures are my law. I’m not familiar with your tribunals.” Each demands their right to “effective counsel,” meaning that they should be able to choose their own lawyers but the court must pay for them. Many object to their names being spelled with all capital letters, as is common in legal briefs. One male Freeman requires physical restraint. Holter refuses to hear their arguments that their own alternative government’s rules must apply over those of the federal legal system. Working through a barrage of shouts, imprecations, and recitations, Holter assigns them lawyers over their objections, and sets arraignment and bond hearings. [CNN, 6/12/1996; New York Times, 6/14/1996; Los Angeles Times, 6/15/1996] New York Times reporter Carey Goldberg writes: “When they appeared in court on Friday, and rejected everything from the American flag to the capital letters in their names, the 14 newly surrendered Freemen laid bare, in word and posture, the central spirit of the anti-government group that held off federal agents for 81 days. It was a culture of collective denial. Each member came from a different set of circumstances, but the freedom they sought was freedom from American reality.… [W]hat united them was the ideological structure they built, in which the debts they owed were nullified, the criminal charges against them were invalid, and their position in society was considered supreme.” [New York Times, 6/15/1996]

Entity Tags: Dale Jacobi, Cherlyn Bronson Petersen, Steven Hance, Casey Clark, Carey Goldberg, Barry Nelson, Rosie Clark, Rodney Owen Skurdal, Russell Dean Landers, Ralph Clark, Emmett Clark, Edwin Clark, Dana Dudley Landers, James Hance, Robert Holter, Montana Freemen, John Hance, Casey Valheimer, Kay Clark

Timeline Tags: US Domestic Terrorism

As a federal court in Billings, Montana, formally charges nine Montana Freemen with a variety of crimes (see 1993-1994, March 25, 1996, June 13, 1996, and June 14, 1996), the defendants repeatedly interrupt the proceedings with shouts, curses, and threats. They challenge everything from the flag displayed behind the judge to his jurisdiction over the case, refuse to answer questions from the bench and their own lawyers (one demands that his lawyer be jailed), shout a variety of curses and garbled Latin phrases, and denounce “this kangaroo court.” Before the hearing, defendant Dale Jacobi sprained his thumb resisting fingerprinting. Another defendant, Steven Hance, shouts at US Magistrate Richard Anderson after being ejected from the courtroom, “You’re going down, son.” Prosecutor James Seykora asks the court to hold Hance in contempt, and Hance shouts: “Contempt? That’s not a strong enough word.” The Freemen refuse to participate in the hearing; Anderson denies bail for the nine and enters pleas of “not guilty” on their behalf. [Los Angeles Times, 6/26/1996; New York Times, 7/27/1996]

Entity Tags: Steven Hance, Dale Jacobi, Montana Freemen, James Seykora, Richard Anderson

Timeline Tags: US Domestic Terrorism

Lawyers for accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) reveal that a family member who cooperated with the government’s investigation (see April 20-21, 1995) is the ex-wife of Nichols’s brother James (see May 22, 1995). Kelly Langenburg is also the sister of Terry Nichols’s ex-wife Lana Padilla. This information is disclosed during the course of a hearing that reviews a defense request to throw out evidence against Nichols and accused co-conspirator Timothy McVeigh. The news of Langenburg’s cooperation answers a question observers have long asked as to how the FBI knew to search James Nichols’s farm even before Terry Nichols was taken into custody (see 3:15 p.m. and After, April 21-22, 1995). [New York Times, 6/27/1996]

Entity Tags: Terry Lynn Nichols, Kelly Langenburg, Timothy James McVeigh, Lana Padilla, James Nichols, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

Lawyers for accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995) ask the court to throw out evidence garnered against their client. Their reason: his wife, Marife Nichols, now claims she did not understand her legal rights at the time she let federal agents search her family’s home and car in Herington, Kansas. Investigators found a receipt for 2,000 pounds of ammonium nitrate, the fertilizer used in the bomb, bearing the fingerprints of Nichols’s co-conspirator Timothy McVeigh (see May 1, 1995), guns stolen in a robbery investigators believed was carried out to finance the bombing (see Before July 3, 1995), and other evidence. Nichols’s lawyer Michael Tigar says, “All consents obtained from Mrs. Nichols were tainted by oppression, coercion, intimidation, and duress.” Marife Nichols now says she spoke with FBI agents for about six hours once she and her husband went to the police station. She says she tried to cooperate with the agents because she wanted to end the questioning and go home. One of the agents, Eugene N. Thomeczek, “told me I had to tell the truth,” she says, and the other told her that if she answered, “Mr. Thomeczek will not ask questions again and again.” She says she could not go home, in part because her house was being searched, and later because she feared being harassed by reporters. She says she also wanted to retrieve $5,000 in currency, and nine gold and three silver coins she had hidden in the box springs of her mattress. All were kept in evidence and later returned to her. She and her daughter Nicole were taken to a hotel, and over the next 37 days they were moved from one hotel to another. During that time, she learned she was pregnant with her son Christian. “I felt confused,” she says. “I didn’t know what to do.” She says she did not realize that wives do not have to testify against their husbands and that she had the right to a lawyer. The lawyers also want to throw out Terry Nichols’s statements he made to the FBI during nine hours of questioning after he took his wife and young daughter to the Herington Public Safety Building (see 3:15 p.m. and After, April 21-22, 1995). Nichols was not adequately appraised of his rights, Tigar argues, and says that the information gleaned from Nichols during the interview was obtained through illegal coercion. All information obtained from Terry Nichols, Tigar argues, is “fruit of a poisoned tree” and must be thrown out. Nichols had agreed from the outset to speak to FBI agents without a lawyer present. [New York Times, 6/29/1996; Serrano, 1998, pp. 256-257] Judge Richard P. Matsch will not throw out the evidence (see August 14, 1996), saying that defense allegations of “coercion” and duplicity are false. [New York Times, 8/15/1996]

Entity Tags: Michael E. Tigar, Christian Nichols, Marife Torres Nichols, Richard P. Matsch, Federal Bureau of Investigation, Terry Lynn Nichols, Timothy James McVeigh, Nicole Nichols

Timeline Tags: US Domestic Terrorism

Newly elected Israeli Prime Minister Benjamin Netanyahu (see May 29, 1996) flies to Washington, DC, to visit one of his strongest political supporters, neoconservative Richard Perle. Perle is the chief author of a new strategy proposal called “A Clean Break: A New Strategy for Security in the Region” (see July 8, 1996). In essence, Perle’s policy proposal is an update of fellow neoconservative Paul Wolfowitz’s Defense Planning Guide (see February 18, 1992), which had so horrified Clinton and Bush officials. But Netanyahu is clearly pleased with the proposal. After meeting with Perle, Netanyahu addresses the US Congress. Quoting extensively from the proposal, he tells the lawmakers that the US must join Israel in overseeing the “democratization” of the Middle East. War might be a necessity to achieve this goal, he warns. While the “Clean Break” authors are primarily concerned with Iraq and Syria, Netanyahu takes a longer view. “The most dangerous of these regions is Iran,” he says. [Unger, 2007, pp. 145-148]

Entity Tags: Clinton administration, Bush administration (41), Paul Wolfowitz, Richard Perle, Benjamin Netanyahu

Timeline Tags: US International Relations

Judge Richard Matsch, presiding over the upcoming trials of accused Oklahoma City bombing suspects Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), rules that a law establishing the closed-circuit telecast of the trial is constitutional, overruling objections from defense lawyers. He later orders the telecast to be shown in a government auditorium near the Oklahoma City airport. However, in January 1997, Matsch will ban the media from covering the closed-circuit telecast. [New York Times, 7/16/1996; Fox News, 4/13/2005]

Entity Tags: Richard P. Matsch, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

A federal appeals court upholds the convictions of six Branch Davidians (see January-February 1994), saying federal agents did not use excessive force in trying to arrest Davidian leader David Koresh, who perished along with nearly 80 of his followers after a 51-day standoff with federal authorities (see April 19, 1993). [Fort Worth Star-Telegram, 7/21/2000]

Entity Tags: Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

House Oversight Committee holds public hearings on the Waco debacle.House Oversight Committee holds public hearings on the Waco debacle. [Source: C-SPAN]The House Oversight Committee releases its report on the FBI’s siege and final assault on the Branch Davidian compound in Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993, March 1, 1993, and April 19, 1993). The report was prepared in conjunction with the House Judiciary Committee. The report spans investigative activities undertaken on behalf of the committees by Congressional investigators from April 1995 through May 1996; the committees took almost three months to write the final report. As part of that investigation, the Oversight Committee held 10 days of public hearings (see August 4, 1995). [House Committee on Government Reform and Oversight, 8/2/1996]
Findings - The report makes the following conclusions:
Branch Davidians Responsible for Situation, Deaths - “But for the criminal conduct and aberrational behavior of David Koresh and other Branch Davidians, the tragedies that occurred in Waco would not have occurred,” the report finds. “The ultimate responsibility for the deaths of the Davidians and the four federal law enforcement agents [referring to the federal agents slain in the February 1993 raid] lies with Koresh.” The Davidians set the fires themselves, the report finds. Moreover, the Davidians had time to leave the premises after their cohorts set the fires, and most either chose to stay or were prevented from leaving by their fellows. The 19 Davidians killed by gunfire either shot themselves, the report finds, were shot by their fellows, or were killed by “the remote possibility of accidental discharge from rounds exploding in the fire.”
Treasury Department 'Derelict' in Duties - Treasury Secretary Lloyd Bentsen and Deputy Secretary Roger Altman were “irresponsible” and “derelict in their duties” refusing to meet with the director of the BATF [Bureau of Alcohol, Tobacco and Firearms, sometimes abbreviated ATF] in the month before the February raid, and failing to ask for briefings. Senior Treasury officials “routinely failed” to monitor BATF officials, knew little to nothing of the plans for the raid, and therefore failed to uncover the significant flaws in the plan. When the raid failed, Assistant Treasury Secretary Ronald Noble tried to blame the BATF for the failure, even though Noble and his fellow Treasury officials failed to supervise the BATF’s plans and activities.
BATF 'Grossly Incompetent' - Some of the worst criticism of the report are leveled at the BATF. The report calls the agency’s investigation of the Davidians (see June-July 1992, November 1992 - January 1993, and January 11, 1993 and After) “grossly incompetent” and lacking in “the minimum professionalism expected of a major federal law enforcement agency.” The agents in charge of planning decided to use a “military-style raid” two months before beginning surveillance, undercover, and infiltration efforts. The agency did have probable cause for a search warrant against Koresh and the Davidians (see February 25, 1993), but the affidavit applying for the warrant “contained an incredible number of false statements.” The BATF agents responsible for the affidavit either knew, or should have known, the affidavit was so inaccurate and false. Koresh could easily have been arrested outside the compound, the report finds; the BATF planners “were determined to use a dynamic entry approach,” and thusly “exercised extremely poor judgment, made erroneous assumptions, and ignored the foreseeable perils of their course of action.” BATF agents lied to Defense Department officials about the Davidians’ supposed involvement in drug manufacturing, and by those lies secured Defense Department training without having to reimburse the department, as they should have. The raid plan itself “was poorly conceived, utilized a high risk tactical approach when other tactics could have been successfully used, was drafted and commanded by ATF agents who were less qualified than other available agents, and used agents who were not sufficiently trained for the operation.” Plan security was lax, making it easy for the Davidians to learn about the plan and take precautions. The report singles out BATF raid commanders Philip Chojnacki and Chuck Sarabyn for criticism, noting that they endangered BATF agents’ lives by choosing to go ahead with the raid even though they knew, or should have known, the Davidians had found out about it and were taking defensive action. “This, more than any other factor, led to the deaths of the four ATF agents killed on February 28.” The report is highly critical of Chojnacki’s and Sarabyn’s rehiring after they were fired (see December 23, 1994). The report also cites former BATF Director Stephen Higgins (see July 2, 1995) and former Deputy Director Daniel Hartnett for failing to become involved in the planning.
Justice Department Decision to Approve Final Assault 'Highly Irresponsible' - The report charactizes Attorney General Janet Reno’s approval of the FBI’s plan to end the standoff “premature, wrong… highly irresponsible… [and] seriously negligent” (see April 17-18, 1993). Reno should have known that the plan would put the Davidians’s lives at extreme risk, especially the children inside, and should have been doubly reluctant because of the lack of a serious threat posed by the Davidians to the FBI or to the surrounding community. Reno should have been skeptical of the FBI’s reasons for ending the standoff: negotiations were continuing, the Davidians were not threatening to break out in force, the FBI’s Hostage Rescue Team (HRT) could have gone longer without mandatory rest and retraining, the Davidians’ living conditions had not significantly deteriorated, and there was no reason to believe that children were being abused or mistreated any more than they may have been before the February raid. “The final assault put the children at the greatest risk.” The report calls the plan to use CS riot control gas “fatally flawed.” CS gas is a dangerous substance, and particularly threatening to children, pregnant women, elderly people, and those with respiratory conditions, all of which were represented in the compound. Some of those who died in the fires may have died from exposure to CS gas before the fires consumed them, the report speculates. The Davidians were likely to react violently and not submissively, as the FBI insisted, and the likelihood of armed resistance and mass suicide in response to the CS gas insertion was high. Moreover, the plan had no contingency provisions in case the initial insertion did not provide the desired result. Reno offered her resignation after the April 19 assault; the report says that President Clinton “should have accepted it.” [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996]
FBI Pushed for Violent Confrontation Instead of Allowing Negotiations to Continue - The FBI was riven by the conflict between two teams with “incompatible methodologies,” the report finds: the HRT, which ultimately controlled the situation, and the negotiators. Senior FBI agent Jeffrey Jamar almost always sided with the HRT’s aggressive approach, but often “allowed the proposals of each team to be implemented simultaneously, working against each other.” The FBI’s chief negotiator on-site, Gary Noesner, told the committee that the dichotomy between the “action-oriented” HRT and the “nonviolent” negotiators is a problem that the FBI routinely experiences; it was not unique to the Davidian standoff. The two teams battled with increasing hostility and anger towards one another as the siege progressed, with the negotiators becoming less and less influential. The negotiators later testified that the pressure tactics used by the HRT against the Davidians undermined their efforts at winning the Davidians’ trust and rendered their efforts ineffective. FBI profiler Peter Smerick (see March 3-4, 1993, March 7-8, 1993, March 9, 1993, March 9, 1993, March 17-18, 1993, August 1993, and 1995) was particularly harsh in his assessment of the tactics of the HRT during the siege; during his interviews with investigators, Smerick said “the FBI commanders were moving too rapidly toward a tactical solution and were not allowing adequate time for negotiations to work.” Smerick told investigators that while the “negotiators were building bonds… the tactical group was undermining everything.… Every time the negotiators were making progress the tactical people would undo it.” The report concludes, “FBI leadership engaged these two strategies in a way that bonded the Davidians together and perpetuated the standoff.” [House Committee on Government Reform and Oversight, 8/2/1996] After March 2, when Koresh and the Davidians broke what some considered to be a promise to come out (see March 2, 1993), Jamar believed nothing Koresh or the others said, and essentially gave up on the idea of a negotiated surrender. Chief negotiator Byron Sage did not share that view, but Jamar and the HRT officials began thinking, and planning, exclusively on a forced end to the standoff, even ignoring evidence that Koresh intended to lead his people out after completing his work on an interpretation of the Biblical Seven Seals (see April 14-15, 1993). Many FBI officials, particularly Jamar, Noesner, and the HRT leadership, became frustrated and impatient with what the report calls “endless dissertations of Branch Davidian beliefs” (see March 15, 1993), to the point where they ignored the assertions from religious experts that the Davidians could be productively negotiated with on a religiously theoretical level (see March 16, 1993). The FBI, the report says, “should have sought and accepted more expert advice on the Branch Davidians and their religious views and been more open-minded to the advice of the FBI’s own experts.” Jamar and the senior FBI officials advising Reno should have known that the reasons they gave to end negotiations and force an ending were groundless; their advice to Reno was, the report says, “wrong and highly irresponsible.” [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] However, some charges against the FBI are baseless, the report finds. CS gas would not have built up in any areas of the residence to anything approaching lethal levels. No FBI agents shot at the Davidians or the compound. No agent set any fires, either deliberately or inadvertently. [House Committee on Government Reform and Oversight, 8/2/1996]
Defense Department Bears No Responsibility - The report finds no reason to fault the Defense Department or National Guard, as no DoD nor Guard personnel took an active part in the assault; the Posse Comitatus Act was therefore not violated. No foreign military personnel or foreign nationals took any part in the assault, though “[s]ome foreign military personnel were present near the Davidian residence as observers at the invitation of the FBI.”
Recommendations - The report recommends that:
bullet the Justice Department consider assuming control of the BATF from the Treasury Department;
bullet Waco residents who made the false statements to law enforcement officials included in the original search warrants should be charged with crimes;
bullet federal agents should use caution in using such statements to obtain warrants; the BATF should review and revise its planning to ensure that “its best qualified agents are placed in command and control positions in all operations”;
bullet senior BATF officials “should assert greater command and control over significant operations”;
bullet the BATF should no longer have sole jurisdiction over any drug-related crimes;
bullet Congress should consider enhancing the Posse Comitatus Act to restrain the National Guard from being involved with federal law enforcement actions;
bullet the Defense Department should clarify the grounds upon which law enforcement agencies can apply for its assistance;
bullet the General Accounting Office (GAO) should ensure that the BATF reimburses the Defense Department for the training and assistance it improperly received;
bullet the GAO should investigate Operation Alliance, the organization that acts as a liaison between the military and other federal agencies;
bullet the FBI should revamp its negotiation policies and training to minimize the effects of physical and emotional fatigue on negotiators;
bullet the FBI should take steps to ensure greater understanding of the targets under investigation (the report notes that had the FBI and BATF agents understood more about the Davidians’ religious philosophies, they “could have made better choices in planning to deal with the Branch Davidians” (see March 15, 1993);
bullet the FBI should ensure better training for its lead negotiators;
bullet FBI agents should rely more on outside experts (the reports notes that several religious experts offered their services in helping the agents understand the Davidians, but were either rebuffed or ignored—see March 3, 1993, March 7, 1993, and March 16, 1993);
bullet federal law enforcement agencies should welcome the assistance of other law enforcement agencies, particularly state and local agencies;
bullet the FBI should expand the size of the Hostage Rescue Team (HRT) “so that there are sufficient numbers of team members to participate in an operation and to relieve those involved when necessary”;
bullet the FBI should conduct further examinations on the use of CS gas against children, those with respiratory problems, pregnant women, and the elderly. [House Committee on Government Reform and Oversight, 8/2/1996]
'Perhaps the Greatest Law Enforcement Tragedy in American History' - In a statement appended to the final report, Representative Steven Schiff (R-NM) calls the Davidian raid, standoff, and final assault “perhaps the greatest law enforcement tragedy in American history.” He writes: “It would not be a significant overstatement to describe the Waco operation from the government’s standpoint, as one in which if something could go wrong, it did. The true tragedy is, virtually all of those mistakes could have been avoided.” His statement decries what he calls the increasing “militarization of law enforcement,” recommends that the HRT be scaled back instead of expanded, expresses little confidence in the FLIR (forward-looking infrared radar) videotapes used to determine when and how the fires were started, calls for stringent limitations on the use of CS gas, and blames the FBI for not allowing many of the residents to escape. He accuses the Justice Department of a “breach of ethics” in what he says were its attempts to conceal and withhold evidence from the committee, and to shape its findings. [House Committee on Government Reform and Oversight, 8/2/1996]
Dissenting Views - The investigating committees’ 17 Democrats issue a “dissenting views” addendum that is highly critical of what it calls the Republican majority’s use of “false assumptions and unfounded allegations” to besmirch the reputations of Reno and Bentsen, and the use of those “assumptions and allegations” to press for Reno’s resignation. [House Committee on Government Reform and Oversight, 8/2/1996]

Entity Tags: Gary Noesner, US Department of the Treasury, US Department of Defense, Branch Davidians, Clinton administration, Dan Hartnett, Federal Bureau of Investigation, FBI Hostage Rescue Team, David Koresh, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Schiff, Charles Sarabyn, Ronald Noble, Janet Reno, Stephen Higgins, House Committee on Oversight and Government Reform, General Accounting Office, Lloyd Bentsen, Jeffrey Jamar, Operation Alliance, Peter Smerick, Roger Altman, Philip Chojnacki

Timeline Tags: 1993 Branch Davidian Crisis

Judge Richard P. Matsch, presiding over the trials of the accused Oklahoma City bombers (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), rules that statements made by Terry Nichols against co-defendant Timothy McVeigh cannot be used against McVeigh at trial. Matsch also refuses defense requests to suppress a wide array of evidence against both Nichols and McVeigh (see June 28, 1996). Prosecutor Joseph Hartzler says Matsch’s decision to retain the evidence “affirms that the federal government conducted its investigation into the Oklahoma City bombing with great care, as well as speed and skill.… The court ruled today that the government did not violate anyone’s constitutional rights, and it rejected all of the defense motions to surpress evidence. In short, every piece of evidence will be admissible.” Hartzler is not entirely accurate in his statement; Nichols’s statements against McVeigh given during Nichols’s nine-hour interrogation by FBI agents (see 3:15 p.m. and After, April 21-22, 1995) are not admissible, and the agents who interrogated Nichols cannot testify about what Nichols told them. That evidence includes Nichols’s assertion that met McVeigh in Oklahoma City on April 16, 1995, three days before the bombing, and drove McVeigh back to Kansas (see April 16-17, 1995). Nor will a jury learn that Nichols told agents he lent McVeigh his pickup truck on April 18, the day prosecutors say the two assembled the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). [New York Times, 8/15/1996]

Entity Tags: Timothy James McVeigh, Federal Bureau of Investigation, Joseph H. Hartzler, Terry Lynn Nichols, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Prosecutors in the Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) ask Judge Richard P. Matsch to prevent defendant Timothy McVeigh from giving a series of television and newspaper interviews. McVeigh’s lawyer has scheduled an interview with a documentary crew from the BBC in October, and says his client wants to do an interview with any of a number of leading television news anchors and newspaper reporters. Jones has repeatedly attempted to “soften” his client’s image as presented in the media. Prosecutor Joseph Hartzler calls the requests “an extraordinary attempt to manipulate the news media to produce a favorable impact on the potential jury pool.” Matsch has ordered all parties involved in the case to “limit” their public comments. Jones argues that McVeigh has been “demonized” in the press, and deserves an opportunity to give a different view of himself to the world. “Mr. McVeigh, at the minimum, is entitled to be seen as a human being and to the extent that any interview or meeting halts the rush to judgment in advance of trial, the interests of justice are served,” Jones argues. As things stand, he continues, “the abuse, distortion, calumny heaped upon our client from the very front steps of the courthouse will ultimately influence the reporting and the jury unless there is some modicum of balance.” [New York Times, 8/30/1996] Matsch will refuse to allow the television interviews, calling them “an inappropriate pretrial dissemination of evidence.” He says he will allow telephone interviews, but according to Jones, he and McVeigh want only face-to-face, filmed interviews that will present McVeigh’s face, voice, and personality on television broadcasts. [New York Times, 10/5/1996]

Entity Tags: Richard P. Matsch, British Broadcasting Corporation, Joseph H. Hartzler, Timothy James McVeigh, Stephen Jones

Timeline Tags: US Domestic Terrorism

Author Brandon M. Stickney, a reporter for the Lockport Union-Sun & Journal in upstate New York, catalogs a number of unproven and sometimes extremist conspiracy theories that have sprouted in the aftermath of the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Stickney includes his findings in his “unauthorized biography” of accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, July 11-13, 1995, and August 10, 1995), All-American Monster. Among the theories Stickney presents:
bullet The bombing was carried out by the Japanese. This theory was promulgated by Michigan Militia leaders Norm Olson and Ray Southwell (see April 1994), and proved so embarrassing for the two that they resigned their posts.
bullet Both the Oklahoma City bombing and the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After) were engineered by Clinton administration personnel in order to kill two former bodyguards of President Clinton who were preparing to go public with lurid tales of Clinton’s sexual transgressions. Secret Service agent Alan Wicher was killed in Oklahoma, and BATF agent Robert William was killed at Waco. Clinton attended Wicher’s funeral, and William had worked for the BATF in Little Rock while Clinton was governor of Arkansas. Idaho resident Bill Trowbridge told an Associated Press reporter after a militia meeting: “[T]hat makes four different bodyguards killed. Three in Waco, and this one. Sure did benefit Bill Clinton, didn’t it? Check that out.”
bullet The UN participated in the bombing plot. This theory has been promoted by the John Birch Society (see March 10, 1961 and December 2011), the editors of the white-separatist magazine The Spotlight, and other organizations and groups that have warned about a partnership between the UN and the US government to impose tyranny and martial law on American citizens, as part of the imposition of what they call the “New World Order” (see September 11, 1990). Gate Keepers information service representative Pam Beesley told an AP reporter that “this is what the UN does when they go in and overthrow a country. They produce unrest in the country first.”
bullet The bomb was an “electrodynamic gaseous fuel device” impossible for amateurs like McVeigh and his accomplice Terry Nichols to have made. Instead, it must have been made by US officials possessed of “high-level, top-secret” information. This theory came from former FBI agent Ted Gunderson, who makes regular appearances in The Spotlight. According to Gunderson, “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) was “vaporized by design” in the blast, and McVeigh was a “throwaway” or an “expendable asset.”
bullet Two bombs, not one, destroyed the Murrah Federal Building. It is true that two “incidents” were recorded at 9:02 a.m. on April 19, 1995, 11.9 seconds apart, but, according to Oklahoma chief geophysicist James Lawson, the second tremor was not caused by a second bomb, but by the building collapsing (see After 9:02 a.m. April 19, 1995). Lawson told the AP he still gets calls from people demanding to know about the “second explosion.” “A lot of them are anxious to explain to me that our government committed mass murder,” he said. “They are disappointed that I’m not saying it was two blasts.”
Stickney writes that many people have told him flatly that “they know” the government caused the bombing, and writes: “No matter what I told them, or for how long I tried to tell it, they would not change their minds that the government was involved. Distrust in public officials has reached the point of delusion, where Americans create their own explanations they cannot understand. One of the people who spoke with me went so far as to say he’d obtained a photograph of the bombed-out Murrah (ordered through a late-night AM radio show) that ‘proves two bombs were set off. McVeigh was led to Oklahoma by his nose, by the government.’” A video titled Oklahoma City: What Really Happened sells well at gun shows and through militia magazines and Web sites. On the box, it poses the questions: “Was there more than one bomb?” “What happened to John Doe No. 2?” “Was there a Middle Eastern connection?” and “Did some occupants of the building have prior warning?” [Stickney, 1996, pp. 265-267]

Entity Tags: United Nations, Timothy James McVeigh, Ted Gunderson, William Jefferson (“Bill”) Clinton, Ray Southwell, Clinton administration, James Lawson, Brandon M. Stickney, Alan Wicher, Bill Trowbridge, Robert William, Terry Lynn Nichols, Pam Beesley, Norman (“Norm”) Olson, John Birch Society

Timeline Tags: US Domestic Terrorism

The press learns that FBI agents found a hand-drawn map of Oklahoma City’s Murrah Federal Building during a search of accused co-conspirator Terry Nichols’s Herington, Kansas, property (see 3:15 p.m. and After, April 21-22, 1995). Nichols is accused of conspiring with Timothy McVeigh to bomb the building (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995). On the map, reports say, is one street labeled as an escape route from the bomb site to a point north of a nearby YMCA, where McVeigh’s getaway car is believed to have been parked (see April 13, 1995). Nichols’s lawyers, under instructions from the judge not to discuss details of evidence not disclosed in court, refuse to confirm or deny the existence of such a document. A source close to the investigation confirms the map’s existence. [New York Times, 9/10/1996]

Entity Tags: Federal Bureau of Investigation, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Judge Richard P. Matsch, presiding over the upcoming trials of accused Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), upholds the charges against the two men. Defense lawyers had asked that the indictments against their clients be set aside because, they argued, federal laws making it a crime to use a weapon like a truck bomb to kill people and damage US property are unconstitutional. Such laws exceed Congress’s power to regulate interstate commerce, they argued, using as precedent a 1995 Supreme Court decision that invalidated the Gun-Free Schools Act of 1990, a law that would have made it a federal crime to possess a gun within 1,000 feet of of a school’s grounds. The Court found that the gun law, based on the concept of regulating interstate commerce, infringed on state and local control of schools. Matsch refuses to apply this reasoning to the Oklahoma City case; the charges McVeigh and Nichols face center on the deaths of eight federal workers in the blast. (They will face some 160 counts of murder and related charges from Oklahoma after their federal trials conclude.) Matsch rules that “the impact on interstate commerce is both obvious and substantial” if the evidence in the indictment is proved at trial. “The use of a truck bomb of sufficient explosive power to destroy an office building, killing and injuring hundreds of its occupants, has a substantial effect on interstate commerce. That effect is even more apparent and substantial when the building is owned by the national Government and houses the employees of many of its agencies. An attack on such a building and the people in it by placement of a bomb in a truck in front of it produces consequences ranging far beyond state or local interests.” It is up to the prosecution to prove a willful participation in an agreement to use a bomb in a truck as a weapon to attack the federal building and the people in it. [New York Times, 9/10/1996]

Entity Tags: Richard P. Matsch, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Judge Richard P. Matsch, presiding over the upcoming trials of accused Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), refuses to allow prosecutors to use the results of a bomb test using a device similar to the one McVeigh is accused of using to destroy the Murrah Federal Building and kill 168 people. Prosecutors signed a written agreement with the defense in September 1995 assuring defense counsel that they would receive written notice of tests of explosive devices containing ammonium nitrate. In June 1996, the British government conducted a test explosion of a 5,000-pound ammonium nitrate bomb in Soccoro, New Mexico. FBI agents had free access to the site, but experts for the defense were kept more than a mile away, “so far it took eight seconds for the sound of the blast to get there,” according to a complaint from Nichols’s legal team. “That is not meaningful observation.” Prosecutors say the test bombing was not intended to be a replica of the Oklahoma City blast, and that lawyers for the defense had been provided with photographs, videotapes, and all data from the tests, in which the impact of the bomb on vehicles, street signs, and other items was tested. However, Matsch says that is not enough. “I’m going to enforce the agreement,” he rules. The defense was not given equal access, so prosecution experts cannot use the test results at trial. [New York Times, 10/5/1996]

Entity Tags: Federal Bureau of Investigation, Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Accused Oklahoma City bombers Timothy McVeigh, left, and Terry Nichols look on as Judge Richard Matsch orders their trials to be severed.Accused Oklahoma City bombers Timothy McVeigh, left, and Terry Nichols look on as Judge Richard Matsch orders their trials to be severed. [Source: The Oklahoman]Judge Richard Matsch orders separate trials for accused Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), in a ruling considered a victory for the defense. McVeigh will be tried first. Both defendants’ lawyers argued that to try the two men together would irreparably harm their right to receive fair trials. McVeigh’s lawyers, Stephen Jones and Robert Nigh Jr., wrote in a filing, “The government envisions a trial in which the actions and statements of Terry Nichols become indistinguishable from the actions of Timothy McVeigh.” And Nichols’s lead lawyer Michael Tigar argued that Nichols “stands in serious risk of being found guilty by ‘mass application’ if he was tried jointly with Mr. McVeigh.” Matsch rules that McVeigh could be harmed by introduction of statements made by Nichols implicating him in the bombing, and the defense’s inability to cross-examine Nichols if Nichols were to exercise his right to avoid self-incrimination. “The court cannot save a joint trial by sacrificing the interests of one defendant to protect the other,” Matsch rules. “Timothy McVeigh will be profoundly prejudiced by a joint trial in this case. His lawyers cannot question Terry Nichols or cross-examine the FBI agents on what they say Terry Nichols said. In short, Timothy McVeigh may be caught in cross-fire.” Tigar says after the ruling, “A separate trial will force the government to prove its case against Mr. Nichols, rather than merely rely on guilt by association and spillover prejudice from the case against Mr. McVeigh.” [New York Times, 9/8/1996; New York Times, 10/26/1996; Douglas O. Linder, 2001] Prosecutor Sean Connelly, presenting the government’s desire for a single joint trial, has told Matsch: “The proof will be unified: McVeigh and Nichols, Nichols and McVeigh, every step of the way.” [New York Times, 10/4/1996] Joseph Hartzler leads the team of attorneys prosecuting McVeigh (see May 22, 1995). [TruTV, 2/2009]

Entity Tags: Robert Nigh, Jr, Federal Bureau of Investigation, Joseph H. Hartzler, Richard P. Matsch, Timothy James McVeigh, Stephen Jones, Sean Connelly, Michael E. Tigar, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Defense lawyers in the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) accuse prosecutors of misconduct in their handling of witness Thomas Manning, a Firestone tire store manager in Junction City, Kansas, who sold a car to accused bomber Timothy McVeigh days before the bombing (see April 13, 1995). Newly unsealed court documents reveal that Manning’s testimony has been a point of contention since November 1996. Manning has heart problems that might preclude his journeying to Denver to testify in McVeigh’s trial. A deposition was videotaped in Topeka on November 7. Manning had been interviewed eight times by government investigators and three times by defense investigators. His story remained essentially consistent regarding McVeigh’s arrival at his store at 9 a.m. with white smoke billowing from his Pontiac station wagon (see January 1 - January 8, 1995) and $300 in his pocket. But in the deposition, Manning added a detail: McVeigh left the store for 10 to 15 minutes and then returned. This absence could have given him time to make telephone calls that could connect him to the bombing, which killed 168 people. McVeigh’s lawyers say in a filing unsealed today: “If Timothy McVeigh had stayed at the Firestone dealership, as each of Mr. Manning’s previous statements suggest, he could not have placed the telephone calls that the government alleges were in furtherance of the conspiracy. This indicates that someone else placed the calls and that someone else committed the overt acts alleged in the indictment.” The defense is referring to calls found on McVeigh’s telephone credit card, issued under an alias, Darryl (or Daryl or Darrell) Bridges (see August 1994). The credit card record shows that someone made a 54-second call from the J & K Bus Depot, a block from the Firestone tire dealership, to co-conspirator Terry Nichols’s Herington, Kansas, home at 9:51 a.m. Two minutes later, a caller using the same credit card from the same telephone called the Ryder rental office in Junction City and talked for 7 minutes and 36 seconds. Prosecutors believe that during the second telephone call, McVeigh rented the Ryder truck used to deliver the bomb (see April 15, 1995). Defense lawyers now say that prosecutors concocted the detail about McVeigh leaving the Firestone store and returning. Michael Tigar, the lawyer for Nichols, says: “The government has a room at the Marriott Hotel in which witnesses are transmogrified. I wish I had a room where I could do that to people.” Lead prosecutor Joseph Hartzler says Manning never mentioned McVeigh’s departure to defense lawyers because they had never asked him about it. In papers filed by the prosecution, the defense is accused of not asking Manning about McVeigh’s departure because it was hoping Manning would not mention it. The defense’s decision to avoid the question, the prosecutors say, does not require government lawyers to disclose that they had asked the question in at least one of their interviews and had received an answer that tended to incriminate McVeigh. Other papers unsealed today reveal that defense lawyers have accused prosecutors of obstructing the defense’s investigation, and of destroying exculpatory evidence surrounding the still-unidentified “John Doe No. 2,” a person some suspect of being McVeigh’s accomplice on the day of the bombing (see April 20, 1995). Prosecutors have said they doubt “John Doe No. 2” has any connection to the bombing. The prosecution interviewed David Shafer, an Indiana seed company salesman, about Nichols and his brother James (see May 22, 1995), and decided not to use his testimony. Defense lawyers say Shafer “has been directed by the FBI to destroy notes concerning his recollection of these events.” [New York Times, 1/4/1997] Judge Richard P. Matsch refuses to bar the testimony of any witnesses challenged by the defense, and says there is no evidence that the FBI destroyed information or attempted to influence anyone’s recollections or testimonies. [New York Times, 2/21/1997]

Entity Tags: Michael E. Tigar, David Shafer, Federal Bureau of Investigation, Joseph H. Hartzler, Terry Lynn Nichols, Timothy James McVeigh, Richard P. Matsch, James Nichols, Thomas Manning

Timeline Tags: US Domestic Terrorism

Defense lawyers in the Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) seek to suppress the testimony of nine prosecution witnesses. Some of these witnesses are publicly identified for the first time, disclosed in court papers filed by the lawyers for defendants Timothy McVeigh and Terry Nichols. McVeigh’s trial is slated to begin in March. Some of the newly identified witnesses are:
bullet Fred Skrdla, who worked at a gasoline station in Billings, Oklahoma, some 80 miles north of Oklahoma City, on the day of the bombing. Skrdla remembers a man driving a large Ryder truck (see April 15, 1995) buying gasoline between 1 a.m. and 3 a.m (see (1:00 a.m.) April 19, 1995). The man paid cash. Skrdla says he was busy and does not remember if the man was alone or had company. When he saw composite drawings of “John Doe No. 1” and “John Doe No. 2” (see April 20, 1995), he recognized one of them as the man who bought the gasoline. When he saw television coverage of McVeigh being “perp walked” out of the Noble County Courthouse in Perry, Oklahoma (see April 21, 1995), he became sure that the man he saw paying for the gasoline was McVeigh.
bullet William Dunlap, who took his wife to work in Oklahoma City on the day of the bombing. Minutes before the bomb detonated in front of the Murrah Federal Building, Dunlap told FBI investigators, he drove past the building and noticed a Ryder truck parked in front of it. Dunlap said he saw a white man get out of the truck and walk to the rear of it. Dunlap said the man wore jeans, was in his mid- to late 20s, had “clean-cut” hair, a “medium” complexion, a slight build, and was between 5’8” and 5’9” tall. McVeigh is 6’2”. Dunlap told investigators he thought the man might have been McVeigh, but he was not certain.
Stephen Jones, McVeigh’s lead lawyer, says the “saturation” news coverage of the crime and the arrests has “tainted” the ability of Skrdla, Dunlap, and the other witnesses to make accurate identifications of the person or persons they believe they saw. Jones cites information given to the FBI by David Ferris, a Junction City, Kansas, taxi driver who talked about a passenger he had on April 17, two days before the bombing. In early interviews, Ferris did not say that any of the passengers he had looked like McVeigh, and denied taking any passengers to the McDonald’s restaurant on South Washington Boulevard that day, where the investigators are sure McVeigh went (see May 9, 1997). Interviewers’ notes show that Ferris became emotional during the questioning, and tearfully said he “never picked up McVeigh.” The next day, however, Ferris changed his story, saying he took a man resembling McVeigh to the McDonald’s in question between 3:30 and 4:00 p.m. on April 17. Ferris told agents that he had seen McVeigh’s picture on television and was “scared and panicked” after realizing who he was. Jones also contends that identifications of McVeigh by Eldon Elliott and Tom Kessinger, who rented the truck to McVeigh, were tainted by television news coverage of McVeigh; by the time Elliott and Kessinger made their identifications, Jones says, McVeigh’s face was so familiar “monks living on the mountainside in Tibet could have made the same identification.” Nichols’s lead lawyer, Michael Tigar, is attempting to suppress identification by an unnamed witness or witnesses who worked at the Mid-Kansas Cooperative in McPherson and, prosecutors say, sold fertilizer to McVeigh and Nichols (see September 23, 1994, September 30, 1994, and October 18, 1994). [New York Times, 1/13/1997] Judge Richard P. Matsch refuses to bar the witnesses’ testimonies. [New York Times, 2/21/1997]

Entity Tags: Fred Skrdla, Federal Bureau of Investigation, David Ferris, William Dunlap, Tom Kessinger, Timothy James McVeigh, Terry Lynn Nichols, Richard P. Matsch, Stephen Jones, Michael E. Tigar, Eldon Elliott

Timeline Tags: US Domestic Terrorism

Four FBI workers who evaluated evidence surrounding the Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) are transferred after a Justice Department report criticizes the FBI’s crime lab procedures. One of those suspended is forensic scientist Frederic Whitehurst, whose long-standing complaints triggered the Justice Department investigation. That investigation found that evidence in about two dozen cases had been mishandled. Whitehurst is placed on administrative leave with pay just days after the report is received by FBI HQ. The Justice Department report does not allege that evidence had been manipulated to benefit prosecutors. Some evidence was possibly contaminated, and in some instances, the FBI laboratory exercised lax control over evidence. Three of the 23 units in the laboratory were found to have substandard procedures. [Washington Post, 1/28/1997; Indianapolis Star, 2003] According to a technician (not Whitehurst), the black denim jeans that accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) wore on the day of the bombing were shipped to the forensics lab in a brown paper bag, and not a sealed plastic evidence bag as procedure dictates. A gun and a knife purportedly taken from McVeigh during his arrest (see 9:03 a.m. -- 10:17 a.m. April 19, 1995) were sent to the lab in a manila envelope. According to an FBI summary of interviews conducted with lab technicians, an employee in the explosives unit, LaToya Gadson, told investigators that “the evidence was a ‘mess’ when it came in because it had not been collected in an ‘orderly fashion.’ Additionally, most of the debris was not properly bagged, some was not bagged at all, and many of the bags were not closed tightly, allowing debris to fall out.” Travel cases potentially contaminated with explosive residue from the bomb were placed in an area where bomb debris had been stored awaiting testing, rendering the cases impossible to accurately test. And a technician obtained a false reading of cocaine in McVeigh’s car, possibly from using improperly cleaned equipment. The sample was discarded, a worker says. Three technicians who examined evidence from the bombing case were reassigned: David Williams, who supervised evidence collection; Roger Martz, head of the laboratory’s chemistry unit; and James T. Thurman, chief of the laboratory’s explosives unit. Lab workers say Williams changed his dictated reports in violation of laboratory policy. Martz examined explosive evidence even though he lacked the proper training to do so. [New York Times, 1/31/1997]

Entity Tags: James T. Thurman, David R. Williams (FBI), Frederic Whitehurst, Timothy James McVeigh, Roger Martz, Federal Bureau of Investigation, US Department of Justice, LaToya Gadson

Timeline Tags: US Domestic Terrorism

Federal officials state that the circulation of a sketch identified as “John Doe No. 2” (see April 20, 1995), a man once believed to have had some connection with accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), was a mistake. The person, described as short, stocky, thick-necked, and olive-skinned, was misidentified by a witness who gave an incorrect recollection to federal investigators. Prosecutors say that while the possibility exists that others besides McVeigh and Terry Nichols were involved in the bombing, they have no physical descriptions to give to the public. Prosecutors identify the man in the “John Doe No. 2” sketch as Private Todd Bunting, an Army soldier stationed at Fort Riley, Kansas, near Junction City, Kansas, where McVeigh rented a Ryder truck used in the bombing (see April 15, 1995). Bunting entered the same Ryder rental office on April 18, a day after McVeigh entered the office. The sketch is based on the recollections of Tom Kessinger, a mechanic in the truck rental office. He and two other employees identified McVeigh from the sketch, but Kessinger’s recollection of “John Doe No. 2” as a man accompanying McVeigh was not supported by the others. McVeigh’s lawyer Stephen Jones says that because of the misidentification of Bunting, all the identifications of all the Ryder clerks must be thrown out. “I don’t think any of those identifications are now safe,” Jones says. Bunting is 5’11”, 200 pounds, muscular and stocky, with dark brown hair, a wide, square chin, and relatively dark skin. On April 18, he accompanied Sergeant Michael Hertig, another Fort Riley soldier, to pick up a truck that Hertig had reserved five days before. Prosecutors believe Kessinger, pressured by investigators, became confused in his recollections and mistakenly identified Bunting as accompanying McVeigh and not Hertig. On November 22, 1996, Kessinger positively identified Bunting as “John Doe No. 2.” He also says he is now unsure that McVeigh was with anyone when he came to rent the Ryder truck. The other Ryder clerks, Vicki Beemer and Eldon Elliott (see 3:00 - 5:00 p.m. April 17, 1995), have said that they believe McVeigh was with another man, but cannot recall what that man looks like. [New York Times, 1/30/1997]

Entity Tags: Terry Lynn Nichols, Eldon Elliott, Michael Hertig, Timothy James McVeigh, Stephen Jones, Tom Kessinger, Todd David Bunting, Vicki Beemer

Timeline Tags: US Domestic Terrorism

Two prosecution witnesses in the Oklahoma City bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) testify under oath that the person who rented the Ryder truck used to carry the bomb was accused bomber Timothy McVeigh. Eldon Elliott, the owner of Elliott’s Body Shop, the Ryder rental outlet in Junction City, Kansas, and body shop employee Tom Kessinger both say that “Robert Kling,” who paid $280 cash and said he did not need insurance because he was a careful driver, was, in fact, McVeigh (see Mid-March, 1995 and April 15, 1995). Defense lawyer Stephen Jones questions their credibility, saying that because of Kessinger’s misidentification of another person as having accompanied McVeigh to the store to rent the truck (see January 29, 1997), both Elliott’s and Kessinger’s identifications must be thrown out. The defense is expected to argue that “Kling” was someone else and not McVeigh. Kessinger admits that he misidentified Army Private Todd Bunting as “John Doe No. 2,” whom federal investigators have considered a likely accomplice until recently. Kessinger stands by his identification of McVeigh. In court, Kessinger says he was sitting in the back of the truck rental office, taking a break at about 4:15 p.m. on Monday, April 17, 1995, when he saw two men come into the shop. They stood at the counter and began speaking with Vicki Beemer, who handled the paperwork that day. Kessinger remembers McVeigh because of something McVeigh said, which is not disclosed in court. He watched McVeigh and the second man—not Bunting—for about 10 minutes. He met with FBI agent Scott Crabtree at 4:45 p.m. on April 19, the day of the bombing, and met with an FBI sketch artist at 3:30 the next morning, he says, to start work on the composite sketches of the bombing suspects. He was then asked not to watch television news accounts of the bombing or to read the press coverage. “They told me to rely only on my own memory,” he says. Jones elicits that Kessinger watches “a lot of MTV, a lot of Discovery Channel,” but does not watch network television news or local news. He says he never saw a photograph of McVeigh until FBI agents showed him a group of photographs on April 30, 1995. Kessinger identified McVeigh as the man he saw in the body shop. Asked by Jones if McVeigh was accompanied by someone else, Kessinger responds: “I don’t know. I want to say yes, but I don’t know who that individual was.” The transaction with McVeigh was short and businesslike, Kessinger recalls, noting that McVeigh turned down the offer to purchase insurance because, Kessinger recalls, “he said ‘I’m not going very far, I’m used to driving trucks out of Fort Riley [an Army base near Junction City], and I’m a careful driver.’” [New York Times, 2/19/1997]

Entity Tags: Scott Crabtree, Eldon Elliott, Federal Bureau of Investigation, Timothy James McVeigh, Todd David Bunting, Tom Kessinger, Stephen Jones

Timeline Tags: US Domestic Terrorism

A gay and lesbian nightclub in Atlanta, The Otherside Lounge, is bombed, injuring five people. A second explosive is found on the side of the building, apparently set to go off after first responders such as police, firemen, and paramedics respond to the first explosion; that bomb is safely detonated with no injuries or damage suffered. After the bombing, a handwritten, unsigned letter is sent to the Reuters news agency, claiming that this and a January 1997 bombing of an abortion clinic (see January 16, 1997) are the work of what the letter claims to be “units of the Army of God.” The Army of God (AOG—see 1982) is a violent anti-abortion organization. The letter also warns that anyone involved with the performance of abortions “may become victims of retribution.” Regarding the bombing of the gay and lesbian nightclub, the letter states, “We will target sodomites, their organizations, and all those who push their agenda.” The bombings will later be tied to anti-abortion extremist and AOG member Eric Rudolph (see October 14, 1998 and January 29, 1998). [Federal Bureau of Investigation, 10/14/1998; Extremist Groups: Information for Students, 1/1/2006] A task force assembled to investigate the Sandy Springs bombing (see January 16, 1997) quickly realizes that the bomb and the methodology used in the nightclub bombing are similar to the earlier attack. Both bombings were in locations with easy access to an interstate for a quick escape; both bombings featured two bombs, one to cause large-scale damage and a second “sucker bomb” to kill and injure first responders. The letter Rudolph sent to Reuters and other news agencies references the siege of the Branch Davidians in Waco, Texas, and contains a code that Rudolph says will identify him as the Sandy Springs and Otherside bomber in future mailings. The code is the date 4-19-93, the anniversary of the fire in Waco and a reference to the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). FBI agent Jack Killorin says, “We held that back from the public.” The FBI will use evidence from the Otherside bombing to identify Rudolph as the Olympic bomber (see July 27, 1996 and After). [Orlando Weekly, 8/24/2006]

Entity Tags: The Otherside Lounge, Army of God, Eric Robert Rudolph, Jack Killorin

Timeline Tags: US Health Care, US Domestic Terrorism

According to reports by the Dallas Morning News, indicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) has confessed to planning the bombing and detonating a bomb in front of the Murrah Federal Building. [Douglas O. Linder, 2001; Indianapolis Star, 2003] Reporter Pete Slover cites as his source “summaries of several 1995 interviews with a defense team member” [New York Times, 3/1/1997] , though he later admits in a court filing that he could not be sure the story was true before filing it. [Serrano, 1998, pp. 271] Researchers will later learn that McVeigh suspects his lead attorney Stephen Jones of leaking his purported confession to the press. The leak is later shown to be from a member of Jones’s staff, who gave a computer disk containing FBI reports to Slover, apparently unaware that the McVeigh “confession” was also on the disk. [Douglas O. Linder, 2006] However, this reported speculation is countered by an opinion advanced in 1998 by author Richard A. Serrano, who will write that the defense’s work to humanize McVeigh and “soften” his image (see June 26, 1995) “was blown apart” by the leaked information. [Serrano, 1998, pp. 271] The Morning News prints the article on its Web site seven hours before its next print edition can be published, and later cites a desire to match the immediacy of television and to ensure its exclusive isn’t “scooped” by a competitor. Editors worried before publication that McVeigh’s lawyers might leak the story in one fashion or another to another media outlet. [New York Times, 3/3/1997]
Details of Bombing Plot, Involvement by Co-Conspirator Nichols, Denials of Wider Conspiracy - According to documents obtained by the Morning News, McVeigh’s defense lawyers wrote that McVeigh told one of them that his bombing of the Murrah Federal Building during working hours would leave a “body count” that would make a statement to the federal government. McVeigh also named his friend, alleged co-conspirator Terry Nichols, as being intimately involved with the bomb plot (see August 10, 1995), but insisted he alone drove the Ryder truck containing the bomb that destroyed the Murrah Building. McVeigh also denied any involvement by Terry Nichols’s brother James Nichols (see December 22 or 23, 1988, May 11, 1995, and April 25, 1995). The Morning News describes the source of its reporting as summaries of several 1995 interviews with a member of the defense team’s staff, conducted between July and December 1995 at the El Reno Federal Corrections Center in Oklahoma, where McVeigh was held before his transfer to the Denver area in March 1996. The summaries, the Morning News says, validate much of the prosecution’s contention that McVeigh and Nichols committed robberies and burglary in the course of assembling money and materials for the bombing, even as it acknowledges that they could not be used by prosecutors in either man’s trial. One summary of a July 1995 interview has a staffer asking McVeigh if it would have been better to bomb the building at night when relatively few people would have been present. According to the staffer: “Mr. McVeigh looked directly into my eyes and told me: ‘That would not have gotten the point across to the government. We needed a body count to make our point.’” According to the documents, McVeigh and Nichols used significantly more ammonium nitrate than federal investigators have estimated—some 5,400 pounds as compared to federal estimates of 4,800 pounds—and about $3,000 worth of high-powered racing fuel to make a lethal explosive combination. “Mr. McVeigh states that 108 50-pound bags of ammonium nitrate fertilizer were mixed with the nitro fuel purchased by Terry Nichols,” one summary reads. The summaries also have McVeigh admitting to his involvement in a 1994 robbery carried out by Nichols and himself to fund the bombing plot (see November 5, 1994 and Before July 3, 1995). “Mr. McVeigh stated that he laid out the plan and that Terry Nichols alone broke into [gun dealer Roger] Moore’s house and stole the weapons,” one summary reads. The summary tallies closely with recent statements by McVeigh’s friend Michael Fortier, who pled guilty to helping transport the stolen weapons and is now helping the prosecution (see May 19, 1995 and August 8, 1995). Fortier has testified that he and McVeigh sold the weapons stolen from Moore in Arizona. McVeigh also detailed a burglary committed by himself and Nichols at a Kansas rock quarry (see October 3, 1994). He also gave information about a third burglary carried out by himself and Fortier of a National Guard armory (see February - July 1994), where they attempted to steal welding tools but only made off with hand tools. According to the summaries, McVeigh denied being part of a larger conspiracy, and said the bomb plot was conceived and executed by himself and Nichols. He called a witness who claimed knowledge of a Middle Eastern or Islamist connection (see February - July 1994) a “bullsh_t artist.” He also said that another conspiracy theory centered around right-wing activist Andreas Strassmeir is groundless (see January 23, 1993 - Early 1994 and April 20, 1995). [Dallas Morning News, 3/1/1997; Washington Post, 3/1/1997] Initially, McVeigh’s lead defense attorney Stephen Jones calls the documents “a hoax” and denies that McVeigh made any of those statements. The Dallas Morning News is trying to garner attention and subscriptions, Jones says, and implies that the Morning News’s source is “setting up” the paper: “They just bought the Brooklyn Bridge,” he says. The Morning News has informed Jones of the identity of the source that provided it with the documents. [Washington Post, 3/1/1997] “This is about the most irresponsible form of journalism,” Jones says. He says that after McVeigh learned of the story, his client said, “There’s a practical joker every week.” [New York Times, 3/1/1997]
Defense Alleges Press Stole Documents - The Morning News denies a subsequent defense allegation that Slover stole thousands of computerized documents belonging to McVeigh’s defense lawyers, documents Jones says were used in the Morning News’s reporting. Jones says the documents acknowledge McVeigh’s responsibility for the bombing, but do not constitute a confession. The Morning News, Jones says, got the documents “by fraud, deception, misrepresentation, and theft” involving the defense’s computer files. Attorney Paul Watler, speaking for the Morning News, “categorically denies it committed any crime,” and says the documents were obtained through “routine news-gathering techniques.” The Morning News “did not hack into Mr. Jones’ computer system, and it did not assist anyone else in doing so,” Watler says. Jones says the documents are not, as some reports say, notes of a defense staffer’s conversations with McVeigh; defense lawyers have previously alleged that they produced a “fake confession” designed to persuade a witness to talk to defense investigators. Jones says any such false confessions, if they exist, would not be used during McVeigh’s trial. Jones says he may ask Judge Richard Matsch to delay the trial for 90 days to allow for a “cooling-off period” and allow “people to move on.” Watler says Jones is using the allegations to cloud the trial proceedings. [Dallas Morning News, 3/4/1997; New York Times, 3/4/1997] Freelance journalist J.D. Cash, who writes for a far-right publication called The Jubilee and a small Oklahoma newspaper, the McCurtain Daily Gazette, denies reports that he is the source of the article. Cash says he is not “the intermediary who set up The Dallas Morning News,” but says he is familiar with the documents described in the newspaper’s accounts. The confession, Cash says, is “a mixture of fact and fantasy.”
Possible Negative Impact on Jury - Observers worry that the story may prejudice a potential jury. “It’s a worst-case scenario,” says legal studies professor Jeffrey Abramson. “At the witching hour, but before people have been isolated from pretrial publicity, you get explosive evidence, exactly the kind of thing that makes it very difficult for a defendant to think he hasn’t already been tried in the press.” Law professor Rita J. Simon says the article could make a fair trial very difficult. “The jurors will know there was some report about a confession,” she says. “I can’t imagine, no matter where you hold the trial, that the jurors will not hear about it. As soon as the trial gets under way, the story will come out afresh.” [New York Times, 3/2/1997]
Second Purported Confession - Days later, a second confession from McVeigh is reported, this time published by Playboy magazine. The article containing the purported confession is written by freelance reporter Ben Fenwick, and is apparently based on an internal summary of the case compiled by the McVeigh defense team (see Early 2005). Fenwick had obtained the document in 1996, he later says, and had kept it under wraps in the hopes of eventually writing a book about the case. He quickly wrote an article based on the document and sold it to Playboy after Slover’s article hit the press. According to Fenwick’s article, McVeigh says he detonated the bomb when he was a block away from the Murrah Building, and admitted to the bombing during a lie detector test administered by his lawyers. Other details in the article contradict physical evidence already presented in open court. Jones says: “These escalating reports of alleged statements by Mr. McVeigh are corrupting the heart of the jury system. The American ideals of justice are being held hostage to sensationalism.” Fenwick is soon hired by ABC News as a legal consultant, an arrangement that allows ABC to quote extensively from the article in a special broadcast aired shortly before the trial begins. Fenwick will later admit that he did not authenticate the document before using it. The document and the article will lead the FBI to discover McVeigh’s purchase of racing fuel from an Ennis, Texas, dealer (see October 21 or 22, 1994). [New York Times, 3/14/1997; New York Times, 3/18/1997; Serrano, 1998, pp. 271]

Entity Tags: Jeffrey Abramson, James Nichols, Terry Lynn Nichols, Andreas Strassmeir, Dallas Morning News, J.D. Cash, Ben Fenwick, Stephen Jones, Timothy James McVeigh, Rita J. Simon, Roger E. (“Bob”) Moore, Murrah Federal Building, Michael Joseph Fortier, Paul Watler, Playboy, Pete Slover, Richard P. Matsch, Richard A. Serrano

Timeline Tags: US Domestic Terrorism

M. Elizabeth Broderick, who used Freemen teachings to defraud dozens of banks and businesses of millions of dollars (see October 1995 - March 1997 and April 25, 1996), and has been convicted of a number of fraud-related charges, is sentenced to 16 years in prison. After Broderick’s conviction, prosecutor Nora Manella says of her: “Behind Ms. Broderick’s anti-government rhetoric was a classic con artist. She appealed principally to financially strapped people who wanted something for nothing. They wound up further in debt and she wound up a convicted felon.” Federal judge Dickran M. Tevrizian says Broderick did more damage to the banking system “than most bank robbers,” and says, “You dropped an atomic bomb on the banking system with this bogus scheme.” Broderick attempted to claim that she was a patriot battling the tyranny of the US government, and claims that the government went bankrupt in 1932 and had been issuing worthless paper money ever since. Tevrizian retorts: “You’re not a patriot.… You defrauded thousands of people… people who were desperate.” Broderick, who represented herself during the trial, claimed the government had no jurisdiction over her, and called herself a political prisoner, is defiant during sentencing, saying: “I was here to give damages to the American people. You can lock me up, but you can’t lock up my knowledge.” Three other Californians, Barry Switzer, Julian Cheney, and Adolf Karl Hoch, are convicted as her accomplices. Broderick garnered some $1.2 million during her scheme. [Mark Pitcavage, 5/6/1996; Los Angeles Times, 10/5/1996; Los Angeles Times, 3/11/1997]

Entity Tags: Julian Cheney, Adolf Hoch, Barry Switzer, Dickran M. Tevrizian, Montana Freemen, Nora Manella, M. Elizabeth Broderick

Timeline Tags: US Domestic Terrorism

The FBI is now seeking Robert Jacques, whom it believes sought a remote hideout in the Ozark mountains of Missouri with the two Oklahoma City bombing suspects, Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995). The FBI wants to question Jacques to help agents reconstruct McVeigh’s and Nichols’s activities before the bombing. Missouri real estate broker William Maloney tells CNN that in the fall of 1994, Jacques visited his office with Nichols and a man named Tim. Maloney says that several months earlier he got a phone inquiry about land and asked the caller’s name. According to Maloney, “He says ‘McVeigh,’ and I said, ‘M-C-V-E-Y’ and he said, ‘That’s close enough.’” [New York Times, 3/10/1997]

Entity Tags: William Maloney, Federal Bureau of Investigation, Robert Jacques, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Stephen Jones, the lead lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995), demands that the charges against his client be dismissed “with prejudice,” citing what Jones calls “paralyzing pretrial publicity.” Jones is specifically referring to news articles that report McVeigh has confessed to the bombing (see February 28 - March 4, 1997). As an alternative, Jones asks Judge Richard P. Matsch to delay the trial for a year and change the venue to either Alaska, Hawaii, Vermont, Puerto Rico, or the Virgin Islands. Jones says the purported confessions are fabrications, but also says that the confessions used materials whose publication breaches the attorney-client privilege. Prosecutors object to Jones’s requests, and say that a delay would offer “no guarantee that equally bizarre events would not recur as a new trial date approached.” [New York Times, 3/15/1997] Matsch rejects the motion to dismiss the charges, and the motions to delay and change the venue of the trial. [New York Times, 3/18/1997]

Entity Tags: Stephen Jones, Richard P. Matsch, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

The New York Times publishes an overview of the ongoing criminal trials of the Montana Freemen (see 1993-1994, March 25, 1996, June 13, 1996, and March 16, 1998 and After), and calls the proceedings “an absurdist drama that could be called Alice in Wonderland on the Yellowstone River.” Freemen leader LeRoy Schweitzer, indicted for multiple counts of civil fraud and threatening federal officials (see March 26, 1996), recently announced himself as “Supreme Court Justice LeRoy Michael” in a court hearing, and told the judge: “Supreme court is in session. You are removed from the bench under impeachment.” Most of the Freemen are refusing to cooperate with either the court officials or their own defense lawyers; some of them had to be compelled to give fingerprints and be photographed for booking. Defendant Daniel Petersen, indicted along with Schweitzer and a third Freeman, Rodney Skurdal, disrupted a recent proceeding by shouting that the “Supreme Court of Yellowstone County” was now in session, and yelled at the judge and prosecution, “I’m charging all of you with misprison of treason and misprison of felony.” Defendant Steven Hance (see June 14, 1996) told one judge, “I am above the Constitution,” called the judge “an outlaw,” and informed him, “You are out of order.” Hance’s two sons, James Hance and John Hance, answered their indictments by belching at the judge; James Hance told the judge: “You’re going to be impeached. How are you going to feel about that?” and his brother added: “You’d better start obeying the law, sir. You’re incompetent.” Another defendant, Dale Jacobi, accused the judge of holding “blood sacrifices.” During a North Carolina trial of one Freeman, Russell Landers, the judge at that trial ordered Landers—defending himself—to cease his rambling opening statement, threw him out of the courtroom, and had him watch his trial by closed-circuit television; in his turn, Landers claimed he was being held hostage by a foreign power and accused the judge of wearing a black robe to disguise his real identity as “a Roman tribunal.” One judge, Charles Lovell, recently said that Schweitzer has “no business in the courtroom unless he is chained and taped,” and banned him from the courtroom. The defendants are routinely expelled from the courtroom for their antics. They call themselves “white Christian men” who are, by definition, “sovereign American naturals” and therefore not subject to United States laws and courts. They hold that their system of “common law” (see Fall 2010) places them above the “ordinary” American judicial system. The judges have uniformly ignored the Freemen’s arcane legal claims, which the New York Times calls “a salad of the Uniform Commercial Code, the Magna Carta, biblical admonitions, and meaningless Latin phrases.” Lovell called Schweitzer’s legal defense “nonsensical” and added, “This is preposterous, absolutely preposterous—it has no more bearing in law than an ounce of sand.” The Montana Supreme Court threw out 37 pages of Freemen court documents as “nonsensical filings,” and another judge called a Freeman’s legal arguments “bunkum.” While similar trials of right-wing militia figures have drawn numerous protesters agitating on behalf of the defendants, the Freemen are drawing a vanishingly small number of supporters; “sympathizers are rare, and protest placards have not been seen in more than nine months,” the Times observes. [New York Times, 3/25/1997]

Entity Tags: Montana Freemen, Dale Jacobi, Charles C. Lovell, James Hance, LeRoy Schweitzer, Montana Supreme Court, New York Times, Steven Hance, Rodney Owen Skurdal, Russell Dean Landers, John Hance

Timeline Tags: US Domestic Terrorism

Jury selection begins in the trial of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995). Judge Richard Matsch has denied defense attempts to delay the trial after a brief controversy erupted over media reports using defense documents (see February 28 - March 4, 1997). “I have full confidence that a fair-minded jury can and will be impaneled and that those selected will return a just verdict based on the law and evidence presented to them,” Matsch wrote on March 17. Jurors’ identities are kept hidden from the press. One potential juror, asked by US Attorney Patrick Ryan, “Did you watch a lot of the coverage?” answers: “It was unavoidable. In Oklahoma, it was wall to wall and floor to ceiling.” Another potential juror says he worries about his safety in regards to what he will learn in the course of the trial: “It would seem this case goes further, wider, and deeper in many ways. A juror is going to be an insider on information he might just as soon not know.” [Washington Post, 3/18/1997; New York Times, 4/1/1997; Douglas O. Linder, 2001] The pressure of this being a death-penalty trial, and the prospect of potentially confusing forensic evidence countered by the raw emotions of the bombing itself and of the conspiracy theories surrounding the proceedings, raises oft-asked questions about the competence of 12 jurors to find the truth in such a complex situation. The difference between an open-minded juror and one who is ignorant or intellectually challenged is difficult for lawyers and observers to assess. New York Times reporter Laura Mansnerus reflects on the trial of Lieutenant Colonel Oliver North, charged with crimes relating to the Iran-Contra scandal (see July 7-10, 1987 and May-June, 1989), in which, she writes: “When the jury was selected for the 1989 trial of Oliver North, a search went out for 12 people who knew nothing about Oliver North, which produced, well, 12 people who knew nothing about Oliver North. One person who qualified for service said she had seen him on television, but added, ‘It was just like I was focusing on the Three Stooges or something.’” That ill-informed jury proved remarkably pliable to North’s theatrics, Mansnerus writes, and many believe McVeigh’s defense team hopes for a similar jury pool that may be willing to set aside scientific evidence in favor of conspiracy theories and emotional pleas. Jury expert Jeffrey Abramson of Brandeis University tells Mansnerus: “In a case that’s heavy on scientific, forensic evidence, the defense is going to favor people who are less sophisticated about scientific matters and who are prone to conspiracy theories. That’s the classic defense approach.” Philadelphia prosecutor Jack McMahon warned in a well-known 1986 instructional video of the pitfalls that can result in letting “smart people” on the jury, saying: “Smart people will analyze the hell out of your case. They have a higher standard. They take those words ‘reasonable doubt’ and they actually try to think about them. You don’t want those people.” Moreover, people with jobs requiring any real level of responsibility are routinely excused from jury service; this case is no exception, leaving a pool of jurors with little or no steady employment, spotty educational status, and somtimes limited intellectual capabilities to judge McVeigh’s innocence or guilt. [New York Times, 4/6/1997]

Entity Tags: Jeffrey Abramson, Timothy James McVeigh, Jack McMahon, Patrick M. Ryan, Laura Mansnerus, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Battalion Chief Ray Downey of the New York City Fire Department (FDNY) warns senior firefighters about the need to prepare for terrorist attacks and says another attack in the United States is “going to happen.” He issues the warning in a speech he gives at the annual Fire Department Instructors Conference, a six-day event in Indianapolis, Indiana. [Fire Engineering, 7/1997; Fire Engineering, 9/1997; Fire Engineering, 3/1998]
Fire Chief Says Firefighters Have a 'Lot to Learn' about Terrorism - Downey says in his speech: “Terrorism has taken on a new light. It’s a new part of the fire service that we all had better prepare for.” He mentions the terrorist bombings of the World Trade Center in February 1993 (see February 26, 1993), the Murrah Federal Building in Oklahoma City in April 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and the Olympic Games in Atlanta, Georgia, in July 1996. He warns, “I stand up here to tell you, having been involved in [responding to] all three of those terrorist incidents personally, at the scene, that we have an awful lot to learn.”
Chief Says a Chemical or Biological Attack Is 'Going to Happen' - Downey describes a number of smaller-scale terrorist attacks or planned terrorist attacks that have occurred in the US in just the last six or eight months and then asks, “Is the fire service ready to handle these incidents?” He asks the firefighters attending his speech if they know about chemical agents such as “sarin” and “mustard gas” or biological agents such as “anthrax” and “botulism.” He asks if they think an attack involving one of these agents is “not possible.” He then cautions them to “[g]et with it” and says, “It’s not a matter of what, where, or who—but when” such an attack will occur. He concludes, “It’s going to happen—accept the fact.” [Fire Engineering, 9/1997]
Chief Helps Prepare His Department to Respond to Terrorism - Downey is a member of the FDNY’s Special Operations Command (SOC) and is put in charge of the unit sometime this year. [New York Times, 11/22/2001; Fire Engineering, 3/2002] The SOC is an elite group of firefighters who respond to unique fire and emergency situations. [Long Island Herald, 7/13/2007; Smithsonian, 8/31/2013] Its members are trained to deal with catastrophes. [New York Daily News, 10/21/2001] As head of the unit, Downey will be responsible for planning the FDNY’s response to terrorist attacks. [Downey, 2004, pp. 222] Fire Engineering magazine will comment in 2002, “Due in part to [Downey’s] diligence, FDNY is one of the best equipped and most prepared fire departments in terrorism response in the world.” [Fire Engineering, 3/2002] Downey will be killed when the WTC collapses on September 11, 2001. [New York Times, 11/22/2001]

Entity Tags: Ray Downey

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Oklahoma Gazette publishes a November 1996 letter written by accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995). The newspaper does not explain why it waited until now to publish the letter, which was addressed to Gazette reporter Phil Bacharach. Bacharach interviewed McVeigh in prison shortly after his incarceration. In the letter, McVeigh lambasts the FBI for the fire that destroyed the Branch Davidian compound outside of Waco (see April 19, 1993), writing: “The public never saw the Davidians’ home video of their cute babies, adorable children, loving mothers, or protective fathers. Nor did they see pictures of the charred remains of childrens’ bodies. Therefore, they didn’t care when these families died a slow, tortuous death as they were gassed and burned alive at the hands of the FBI.” It is well documented that McVeigh was enraged about the Davidian tragedy (see March 1993), blaming the government for setting the fires that killed 78 people (see April 19, 1993 and After), and many speculate that part of McVeigh’s motivation to blow up the Murrah Building may have been due to the Davidian incident (see October 12, 1993 - January 1994, September 13, 1994 and After, and March 1995). McVeigh’s attorney Stephen Jones confirms that the letter is authentic, saying, “I don’t think there’s anything in the letter that hasn’t been said before.” FBI agents ask Bacharach for the original letter, and the reporter, after making copies, complies. He says that McVeigh told him nothing of substance about the bombing, and that McVeigh wrote the letter to clarify a quote attributed to him in the November 1995 article by Bacharach. [CNN, 4/8/1997; CNN, 4/9/1997]

Entity Tags: Oklahoma Gazette, Federal Bureau of Investigation, Stephen Jones, Timothy James McVeigh, Phil Bacharach

Timeline Tags: US Domestic Terrorism

The Justice Department inspector general releases a report criticizing the FBI’s practices at its crime laboratory that may cast doubts on evidence to be presented in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995). The report, issued after an 18-month investigation of the laboratory, includes questions about the handling of evidence relating to the Oklahoma City bombing, including the size and composition of the bomb, and of chemical residues found on McVeigh’s clothing and on a knife he was carrying when apprehended. McVeigh’s lead lawyer, Stephen Jones, says he has always intended to challenge the integrity of the physical evidence against McVeigh. The report, prepared by the Justice Department’s inspector general, Michael R. Bromwich, finds that FBI examiner David R. Williams prepared his September 5, 1995, report on the explosives used in the Oklahoma City bombing “in a way most incriminating to the defendants” (McVeigh and co-conspirator Terry Nichols). Williams, his supervisor, and two other agents were transferred in January in response to Bromwich’s preliminary findings (see January 27, 1997). Williams has been dropped from the government’s witness list. [New York Times, 4/17/1997]

Entity Tags: Timothy James McVeigh, David R. Williams (FBI), Michael Bromwich, Federal Bureau of Investigation, US Department of Justice, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

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