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Context of '1999: FBI Headquarters Delays Check on Terrorist Trainer for 9 Months, Tries to Block Warning for National Guard'

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The flow chart made by Colonel Mendoza.The flow chart made by Colonel Mendoza. [Source: Peter Lance] (click image to enlarge)Philippines investigator Colonel Rodolfo Mendoza makes a remarkably accurate flow chart connecting many key operators in the Bojinka plot, and sends it to US investigators. The chart is based on what he is learning from interrogating Bojinka plotter Abdul Hakim Murad (see February-Early May 1995), while also drawing on a terrorism report he recently finished (see December 15, 1994) and debriefings of a key undercover operative (see Early February 1995). The chart identifies the following key organizations as being involved in the plot:
bullet Al-Harakat al-Islamiya. Meaning “Islamic Movement,” this is an apparently meaningless group name used by Ramzi Yousef and others to disguise their connections to al-Qaeda. Yousef also sometimes uses the equally meaningless name “The Liberation Army.”
bullet The Abu Sayyaf. This Philippine Muslim militant group is believed to help with the Bojinka plot that is also penetrated by Philippine intelligence (see Late 1994-January 1995). The chart mentions 20 Abu Sayyaf operatives trained by Yousef in 1992 (see December 1991-May 1992). (Lance 2003, pp. 303-4)
bullet IRIC (International Research and Information Center). Most of the money for Bojinka is believed to flow through this charity front. The chart names the only three employees: Mohammed Jamal Khalifa (bin Laden’s brother-in-law), Abu Omar (whose real name is Ahmad al-Hamwi (see 1995 and After), and Dr. Zubair. Mendoza’s 1994 report names Abdul Salam Zubair as an Iraqi working as Khalifa’s assistant in running a number of charity fronts. (Agnote 4/24/1995; Lance 2003, pp. 303-4)
bullet Konsonjaya. Money for the Bojinka plot also flows through this Malaysian business front (see June 1994). Amien Mohammed (real name: Mohammed Amin al-Ghafari) is named and is one of the company directors. There is a link to Wali Khan Amin Shah, another company director. Hambali, a major al-Qaeda figure, is also a company director but is not included in the chart.
The chart also mentions many other key figures in the plot:
bullet Osama bin Laden, who is connected to the IRIC and Yousef’s group.
bullet “Usama Asmorai / Wali K” is Wali Khan Amin Shah.
bullet “Yousef / Adam Ali / A Basit” is Ramzi Yousef.
bullet “Salem Ali / Mohmad” is Khalid Shaikh Mohammed (KSM).
bullet Abdul Hakin Murad. (Lance 2003, pp. 303-4)
bullet “Ibrahim Muneer / Munir.” Ibrahim Munir, a rich Saudi Arabian businessman, has close ties to bin Laden. He came to the Philippines in November and witnesses say he was Yousef’s constant companion. In 2003, it will be reported he is still wanted by authorities. (Miller, Stone, and Mitchell 2002, pp. 139; Ressa 2003, pp. 20)
bullet The names in hexagonal boxes are the girlfriends of the plotters. Some Bojinka money is transferred in their names.
However, despite the accurate information in this chart, only Shah, Yousef, and Murad will be caught before 9/11. Khalifa is actually in US custody at the time the US is given this chart (see December 16, 1994-May 1995), but he is allowed to be deported a short time later (see April 26-May 3, 1995). The US also learns about a connection between Konsonjaya and bin Laden by searching Yousef’s apartment. But the other Konsonjaya directors, including Hambali, will not be apprehended, and the IRIC will be allowed to continue functioning with the same staff after being taken over by another charity front connected to Khalifa (see 1995 and After). (Lance 2003, pp. 303-4)

Deputy Attorney General Jamie Gorelick issues a memo establishing procedures to regulate prosecutors’ and criminal investigators’ access to intelligence information generated in the wake of the 1993 WTC bombing cases (see February 26, 1993). These new procedures effectively extend the so-called “wall” that arose in the early 1980s. During the criminal investigation of the bombing, the FBI came across counterintelligence information related to Islamic extremists operating inside the United States, so it began an intelligence investigation. The new procedures are established because the Justice Department does not want to be perceived as using warrants issued under the Foreign Intelligence Surveillance Act (FISA), which are thought to be easier to obtain than criminal warrants, to further the criminal investigations, because this might possibly lead to problems in court (see Early 1980s). In the memo, Gorelick, who will later be a 9/11 Commissioner (see December 16, 2002), acknowledges that the procedures go “beyond what is legally required.” (US Department of Justice 11/2004, pp. 28 pdf file; Lance 2006, pp. 549-550) A similar set of controversial procedures is issued later covering all intelligence investigations (see July 19, 1995). However, Andrew McCarthy, one of the WTC prosecutors cut off from the information, will later say this policy is “excessively prohibitive” and “virtually guaranteed intelligence failure” in the fight against terrorism. McCarthy will also note that there already are procedures in place to prevent the misuse of FISA-derived evidence. (McCarthy 4/19/2004)

Marife Nichols (see July - December 1990 and November 22, 1993), the mail-order bride of Oklahoma City bombing conspirator Terry Nichols (see March 24, 1988 - Late 1990, December 22 or 23, 1988, October 12, 1993 - January 1994, February - July 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995), joins her husband in their new Herington, Kansas, home (see (February 20, 1995)). She is returning from visiting her family in the Philippines, and brings with her $4,000 in cash and 10 gold coins (see November 5, 1994 - Early January 1995). It is possible that Nichols uses some of this money to make two large purchases of fuel oil for the bomb (see April 15-16, 1995). (Rimer 5/28/1995; PBS Frontline 1/22/1996)

Osama bin Laden’s brother-in-law Mohammed Jamal Khalifa, who is being detained in the US, files a civil suit to have his possessions returned to him. These possessions, confiscated at the time of his arrest, include an address book and computer files linking him to Islamic militancy (see December 16, 1994-May 1995 and Late December 1994-April 1995). On this day, the Justice Department states that it has no objection to returning his possessions to him. Author Peter Lance will later call these possessions a “treasure trove of al-Qaeda related intelligence” that the US loses access to. While some or all of the material may have been copied, having the originals would increase their value in future trials. (Lance 2006, pp. 162) Khalifa will be deported from the US with all his possessions in early May 1995 (see April 26-May 3, 1995).

The Imperial Motel in Kingman, Arizona.The Imperial Motel in Kingman, Arizona. [Source: Cardcow (.com)]Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) puts the final touches on his bombing plan from Room 212 at the Imperial Motel on Route 66 in Kingman, Arizona, having left the Sunset Motel in Junction City, Kansas, two nights before. McVeigh’s co-conspirator, Terry Nichols, tells McVeigh he does not want to be involved on the day of the bombing (see March 1995). (Kifner 4/29/1995; PBS Frontline 1/22/1996; Serrano 1998, pp. 125; Douglas O. Linder 2001) During this time, McVeigh calls a white supremacist compound on the Arkansas-Oklahoma border, apparently to solicit someone to help him carry out the bombing in Nichols’s stead (see April 5, 1995). He also rents a movie, Blown Away, about an IRA terrorist who sets a number of deadly bombs, and watches it twice. The owner of the Imperial Motel, Helmut Hofer, gives him a discount because of his military service. Hofer will later recall McVeigh as a quiet man who wears camouflage fatigues and drives a green “rust bucket” Pontiac with Arizona license plates (see January 1 - January 8, 1995 and 9:03 a.m. -- 10:17 a.m. April 19, 1995). “He didn’t go out, he didn’t make phone calls, he didn’t do anything,” Hofer will recall. “He just sat up there and brooded.” His only luggage, Hofer will recall, is a green duffel bag. McVeigh lists his address as a post office box in Fort Riley, Kansas, though he has not lived on the Army base there since his discharge from the Army in 1991 (see November 1991 - Summer 1992). Hofer will recall, “I thought he was in the reserves because of the way he came in here all dressed up in his camouflage and black boots.” (Kifner 4/29/1995; McFadden 5/4/1995; Stickney 1996, pp. 172; PBS Frontline 1/22/1996; Serrano 1998, pp. 125) McVeigh checks out of the Imperial Motel on April 11. (Serrano 1998, pp. 125) In 2004, according to a book written by two inmates who will come to know McVeigh after his conviction (see June 2, 1997), McVeigh meets with a bomb expert named “Poindexter” during his stay at the Imperial Motel. (Douglas O. Linder 2006)

Richmor Aviation logo.Richmor Aviation logo. [Source: Richmor Aviation]The FBI interrogates Bojinka plotter Abdul Hakim Murad and learns that 9/11 mastermind Khalid Shaikh Mohammed (KSM) has been in the US and is planning to return for flight training. Murad had already been interrogated in the Philippines by Colonel Rodolfo Mendoza (see February-Early May 1995). The Associated Press will say that KSM “had traveled to Israel and the United States, according to [Mendoza’s] report.” Further, Murad met KSM several times in Pakistan in 1993, and “their conversations focused mainly on aircraft because of Mohammed’s intense interest in pilot training, Mendoza quoted Murad as saying.” (Gomez 6/25/2002) After Murad is handed over to the FBI around April, along with Mendoza’s report on him, he repeats much the same information to the FBI and adds more details about a man he calls Abdul Majid (which Mendoza had already learned was one of KSM’s many aliases). (Gomez 6/25/2002; Rubin and Dorgan 9/9/2002) An FBI account of his April 1995 interrogation dated May 11, 1995, states, “Murad also advised that Majid had a United States visa and was planning to travel to the US sometime in the near future. Murad stated that he thought that Majid might go to the Richmor Flying School in Albany, New York, because Majid seemed interested in obtaining his pilots license and Murad suggested the Richmor Flying School.” (Gomez 6/25/2002; Lance 2006, pp. 501-502) Despite this warning, apparently KSM will still be able to travel to the US, because in the summer of 2001 an al-Qaeda operative will reveal that KSM visited the US at least through the summer of 1998 (see Summer 1998).

Timothy McVeigh, preparing to blow up the Murrah Federal Building in Oklahoma City (see September 13, 1994, October 20, 1994, March 31 - April 12, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995), places a telephone call to white militia members in Elohim City, Oklahoma (see November 1994 and February 1995). (Douglas O. Linder 2001) McVeigh has just finished a brief telephone conversation with someone at Elliott’s Body Shop in Junction City, Kansas, presumably in regards to renting a Ryder truck (see April 15, 1995). (Douglas O. Linder 2006) According to later press reports, a law enforcement official will say that McVeigh receives no active response from the Elohim City inhabitants. Elohim City leader Robert Millar will later confirm that the compound did receive the call, in a common room where members often gather for coffee, though he does not know who spoke with McVeigh. Phone records indicate that the call comes from a number in Kingman, Arizona, where McVeigh often lives. That same Kingman telephone is recorded as having made another call to another number. Press reports will speculate that McVeigh may be calling to solicit assistance for the bombing, as his co-conspirator Terry Nichols has informed him he wants no further involvement in the plot (see March 31 - April 12, 1995) (Kifner 8/6/1995; Kifner 8/13/1995) , as has his friend and fellow conspirator Michael Fortier (see April 5, 1995). In 2005, The Oklahoman will report that McVeigh spoke for about two minutes with Joan Millar, Robert Millar’s daughter-in-law. Joan Millar will later testify that McVeigh asked if he could visit the compound in a few weeks. “He said that he had been at a gun show and he had met some of the young men from Elohim City and someone had given him a card with the phone number on it,” she will recall. “[H]e said, ‘I don’t remember his name, but he had a very broad foreign accent.’ I said, ‘Was it Andy?’ And he said, ‘That might have been his name.’” “Andy” is Andreas Strassmeir, Elohim City’s head of security (see 1973 and After). (Clay 7/10/2005) Elohim City residents concocted a plot to blow up the Murrah Building years before (see 1983), though without McVeigh’s participation. It is not certain if McVeigh is familiar with the Elohim City bomb plot. McVeigh allegedly goes to a strip club in Oklahoma City three days later in the company of two Elohim City inhabitants (see April 8, 1995).

A 1977 Mercury Marquis similar to that owned by Timothy McVeigh.A 1977 Mercury Marquis similar to that owned by Timothy McVeigh. [Source: Classic Cars (.com)]Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) visits Oklahoma City and finds a place to leave a car after he bombs the Murrah Federal Building. He has left Kingman, Arizona, and stayed overnight at a motel in Amarillo, Texas. McVeigh arrives in Oklahoma City around noon, and does not drive by the Murrah Building, but instead finds the drop site for his getaway car. (PBS Frontline 1/22/1996)
Buys Getaway Car - He then drives to Kansas, inspects his explosives stored in a Herington storage unit (see September 22, 1994 and (February 20, 1995)), and notes that his Pontiac is blowing smoke and stalling out, most likely from a blown head gasket. After making a quick run to a storage shed in Council Grove, Kansas, taking some of the explosive materials from that shed and combining them with the materials in the Herington unit, he buys a 1977 Mercury Marquis as a getaway vehicle from Thomas Manning, who owns a Firestone dealership in Junction City, Kansas. (McVeigh is using a similar plan to those executed by the Aryan Republican Army, or ARA, which uses “junk” cars to make their getaways after robbing banks—see 1992 - 1995. McVeigh has some affiliations to the ARA—see December 1994.) McVeigh trades in his deteriorating 1983 Pontiac station wagon (see January 1 - January 8, 1995) and $250 cash for the Mercury, telling Manning that he needs a “cheap car” to “get me to Michigan.” Manning, who recognizes McVeigh from his days as a soldier at Fort Riley (see March 24, 1988 - Late 1990), has the Mercury, which he bought eight days ago for $150 and is planning to use for parts. Others at the dealership have used it for local errands, and they had worked on its transmission and other elements. McVeigh agrees to pay $300 cash, but when he tells Manning he will not have enough money to get back to Michigan, Manning knocks $50 off the price for McVeigh. McVeigh has Manning send the service form to the Nichols’s farm address in Decker, Michigan, and the bill of sale to his postal drop in Kingman, Arizona. “It doesn’t matter,” McVeigh tells Manning, “because I’m going to junk the Mercury out when I get to Michigan.” On the sale form, he lists his employer as the US Army, and claims he is still stationed at Fort Riley. Firestone mechanic Art Wells does some work on the Mercury to ensure it is road-ready, including swapping out a bald rear tire for a spare. McVeigh’s old Pontiac is later taken to a local junkyard and then confiscated by investigators. (Terry 4/22/1995; Johnston 4/30/1995; Thomas 12/3/1995; PBS Frontline 1/22/1996; Serrano 1998, pp. 127-130; Douglas O. Linder 2001) McVeigh buys an oil filter from a WalMart in Arkansas City, Kansas, near the state line, around 6 p.m. on April 13, and on the 14th, swaps the damaged Pontiac and $250 for the Mercury. Nichols tries to return the filter to another WalMart on April 15. The receipt will later be found in Nichols’s wallet; it bears the fingerprints of both McVeigh and Nichols. (PBS Frontline 1/22/1996; Thomas 11/4/1997; Serrano 1998, pp. 127)
Arranges Truck Rental - While Wells is prepping the Mercury, McVeigh goes to a pay phone in front of a nearby bus depot and makes two phone calls using a Spotlight telephone card (see August 1994). The first is to Nichols’s home in Herington, and lasts less than a minute. The second is to Elliott’s Body Shop in Junction City to inquire about the rental rates for a large Ryder truck capable of carrying 5,000 pounds of cargo (see April 15, 1995). He uses the alias “Bob Kling” (see Mid-March, 1995). Office clerk Vicki Beemer will later recall McVeigh asking how many pounds a 15-foot truck would hold; when she tells him around 3,400 pounds, he tells her, “I need a truck that will hold 5,000 pounds.” Beemer informs him he needs a 20-foot truck. She tells him he can reserve such a truck, but he will have to put down a deposit on April 15 or he cannot have the truck by April 17, as the shop is closed on Easter Sunday, April 16. McVeigh agrees, and walks back to the Firestone dealership, where he puts the Arizona license plate from the Pontiac onto the Mercury. He puts his belongings into the Mercury and drives away. (PBS Frontline 1/22/1996; Serrano 1998, pp. 130-131)
Rents Room - McVeigh then rents a room at a local motel, in which he will stay until he makes his final trip to Oklahoma City to deliver the bomb (see April 13-14, 1995).

Elliott’s Body Shop in Junction City. Two Ryder trucks similar to the one rented by McVeigh are visible.Elliott’s Body Shop in Junction City. Two Ryder trucks similar to the one rented by McVeigh are visible. [Source: Luogocomune (.net)]Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, April 13, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995) rents a Ryder panel truck from Elliott’s Body Shop in Junction City, Kansas. McVeigh uses the alias “Robert [or Bob] Kling” (see Mid-March, 1995). (CNN 5/9/1997; Serrano 1998, pp. 132; Douglas O. Linder 2001) McVeigh wants a one-way rental of a 20-foot Ryder and a hand truck. He says he intends to drop off the Ryder and the hand truck in Omaha, Nebraska. McVeigh pays in cash. He pays the entire rental fee of $280.32 instead of a mere deposit, so he will be able to get in and out of the store quickly on April 17, when he intends to pick up the truck, and is adamant that he needs the truck by 4:00 p.m. He declines insurance, telling store owner Eldon Elliott he does not need it because he is a truck driver for the Army. Elliott gives McVeigh two days free because he believes McVeigh is in the military. McVeigh will later tell his lawyers that the employee who rents the truck to him, presumably Elliott, is “a dumb guy,” though he could be referring to Elliott’s employee Tom Kessinger, who is also involved in the transaction. McVeigh drives back to the Dreamland Motel in Junction City, and returns the oil filter he bought from WalMart the day before. (PBS Frontline 1/22/1996; Thomas 1/13/1997; Serrano 1998, pp. 133) A chronology prepared by McVeigh’s lawyers will later state that McVeigh buys a car battery, not an oil filter. (PBS Frontline 1/22/1996) The New York Times will later erroneously report that McVeigh uses the alias “William B. Kling” to rent the truck, not “Robert Kling” (see Mid-March, 1995). (Johnston 4/23/1995) An unidentified man, later designated as “John Doe No. 2” by federal authorities (see April 20, 1995), is apparently with McVeigh. The man will later be described as being of medium build and having a tattoo on one arm. Authorities will not determine his identity, and will remain unsure if this man was actually with McVeigh or merely another customer. (Belluck 4/26/1995; Mickolus and Simmons 6/1997, pp. 810)

Newsday reports, “Some crucial computer evidence against notorious terrorist suspect Ramzi Yousef has been destroyed, and the FBI has begun an investigation into whether the CIA is responsible…” After the Bojinka plot was foiled in the Philippines (see January 6, 1995), a computer hard drive and several floppy discs were discovered in Yousef’s Manila apartment and found to contain a great deal of useful evidence. Pictures and phone numbers recovered from the hard drive led to the arrest of another Bojinka plotter just days later (see January 7-11, 1995). The computer files were copied by Philippine authorities and then turned over to the CIA. The CIA then “provided the FBI with a summary of the files, indicating they contained detailed information about Yousef’s coconspirators in the United States and overseas, including their names, addresses and in some cases, even phone numbers.… But when the CIA turned over the actual computer and disks, Justice Department experts determined that at least three separate computer deletion programs had been used to erase some of the data, law-enforcement sources said.” One US law-enforcement official complains, “We had teams of investigators frothing at the mouth to get at Yousef’s network. And we get handed an empty computer. It’s as if we’d been tracking a serial killer and someone intentionally shredded the investigative file.” Officials believe it is not likely the files will ever be recovered. Newsday reports that “The FBI is investigating whether CIA agents or their operatives intentionally destroyed the evidence.” Since Philippine authorities made copies of the files, the FBI has tried to get copies directly from them, but without success. (Kocieniewski 4/16/1995) A search of the Lexis Nexus database shows no follow up to this story. But only three Bojinka plotters—Ramzi Yousef, Abdul Hakim Murad, and Wali Khan Amin Shah—are arrested in the years before 9/11, and the rest of the network goes free.

Oklahoma City bomber Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995) leaves the Dreamland Motel in Junction City, Kansas (see 3:30 a.m. April 18, 1995), and drives his rented Ryder truck (see 3:00 - 5:00 p.m. April 17, 1995) to Herington, Kansas, where he has planned to meet with his co-conspirator Terry Nichols (see (February 20, 1995)) at 6:00 a.m. The plan is for McVeigh and Nichols to meet in the parking lot of the Pizza Hut near the storage unit where they have stored materials for the bomb (see September 22, 1994), leave Nichols’s truck at the Pizza Hut, and ride in the truck to the storage shed. Nichols, who has told McVeigh he does not want to participate directly in the bombing (see March 1995 and March 31 - April 12, 1995), does not appear. Nichols will later tell FBI investigators that around 6:00 a.m., McVeigh calls him asking to borrow his pickup truck to pick up some items and look at vehicles, and asking him to pick up McVeigh on his way to an auction in Fort Riley, Kansas (see November 20-21, 1997). At 6:15 a.m., McVeigh begins loading the truck himself, first loading empty drums and then beginning to load the seven boxes of fuel-oil gel. At 6:30 a.m., Nichols arrives in his truck. McVeigh has already loaded 20 50-pound bags of fertilizer into the truck. Nichols wants to leave and wait until sunrise to finish loading the truck, but McVeigh refuses. Nichols drives his truck to the Pizza Hut and walks back to the shed. Nichols then helps McVeigh load another 70 bags of fertilizer and three 55-gallon drums of nitromethane. McVeigh and Nichols leave in the shed a Ruger Mini 30 rifle, a duffel bag, LBE rifles and extra magazines for the guns, a smoke grenade, a hand grenade, a CS gas grenade, a shortwave radio, three KinePal explosive sticks similar to dynamite sticks, two changes of McVeigh’s clothing, three license plates, and a shovel. McVeigh tells Nichols, “If I don’t come back for a while, you’ll clean out the storage shed.” Nichols and McVeigh drive to Geary Lake State Park, Nichols in his pickup truck, McVeigh in the Ryder. (Belluck 4/26/1995; PBS Frontline 1/22/1996; Serrano 1998, pp. 150; Douglas O. Linder 2001)
Nichols Tells Different Story - Nichols will later describe to investigators (see April 25, 1995) a somewhat different chain of events. According to Nichols, McVeigh calls him at 6 a.m. and asks him to come to Junction City; according to Nichols’s statement, he drives to Fort Riley, where he intends to spend most of the day at an auction (see November 20-21, 1997), and lets McVeigh have the truck. Nichols will say that McVeigh returns the truck later this afternoon and the two drive to a storage shed, where McVeigh instructs Nichols to clean out the shed if he does not “come back in a while.” (Belluck 4/26/1995; PBS Frontline 1/22/1996)
Witnesses See McVeigh in Junction City, McVeigh Will Say Witnesses Are Mistaken - Two witnesses will later say they see McVeigh and another, unidentified man park a Ryder truck in front of a Hardee’s restaurant in Junction City sometime during the morning, but McVeigh will later tell his lawyers that this does not occur. (PBS Frontline 1/22/1996)

A remote, yet accessible area of Geary State Lake Park.A remote, yet accessible area of Geary State Lake Park. [Source: Leisure and Sports Review (.com)]Oklahoma City bombing conspirators Timothy McVeigh and Terry Nichols, having finished loading McVeigh’s rented Ryder truck with the bomb components (see 5:00 a.m. April 18, 1995), arrive at Geary State Lake Park, Kansas, where they begin assembling the bomb. (A diner owner will later say she sees McVeigh, Nichols, and a third man eating breakfast at her establishment between 8 and 9 a.m.—see 8:00 a.m. April 18, 1995. It is possible that the 8:15 a.m. time of arrival is slightly erroneous.) Each 55-gallon drum has the contents of seven 50-pound bags of fertilizer and seven 20-pound buckets of nitromethane. They use a bathroom scale to weigh the buckets of nitromethane. They slit open the bags of ammonium nitrate, pour the fuel into empty plastic barrels, and mix in the racing fuel, turning the white fertilizer pellets into bright pink balls. After 10 minutes or so, the components will blend sufficiently to cause a tremendous explosion if detonated by blasting caps and dynamite, which they wrap around the barrels. McVeigh runs the main fuse to the entire batch through a hole in the storage compartment into the cab of the truck, allowing him to light the fuse from inside the cab. When they finish, Nichols nails down the barrels and McVeigh changes clothes, giving his dirty clothes to Nichols for disposal. Nichols also takes the 90 empty bags of fertilizer. The rest of the “tools” are placed in the cone of the bomb. They finish sometime around noon. Nichols tells McVeigh that his wife Marife (see July - December 1990) is leaving him for good. Nichols says he will leave McVeigh some money and a telephone card in the Herington storage shed (see September 22, 1994). They shake hands and Nichols wishes McVeigh good luck. Before they drive off in their separate vehicles, Nichols warns McVeigh that the truck is leaking. As they drive away, McVeigh sees two trucks pulling in. (Belluck 4/26/1995; PBS Frontline 1/22/1996; Serrano 1998, pp. 150-151; Douglas O. Linder 2001) Nichols will drive from the lake to a military surplus auction at Fort Riley, Kansas. He then picks up address labels and business cards for his new surplus-reselling business (see April 6, 1995). McVeigh will drive back to the Dreamland Motel to check out, and head towards Oklahoma City (see Noon and After, April 18, 1995). (Serrano 1998, pp. 151) Witnesses will later tell FBI investigators that around 9:00 a.m. they see a large Ryder truck parked next to a blue or brown pickup truck at the lake. Around 10:00 a.m., Sergeant Richard Wahl of Fort Riley and his son arrive at Geary Lake about 50 yards away from where McVeigh and Nichols are mixing the bomb. As the morning is cold and rainy, they wait for about an hour trying to decide whether or not to put their boat in the water. Wahl sees the Ryder truck and the blue pickup parked together near the boat ramp, though he cannot see anyone near the two vehicles. He will recall seeing the side door on the Ryder open and later seeing it closed. Other visitors to the park say they did not see any large yellow truck, and some will claim to have seen the truck at the park a week before, adding to the confusion surrounding the circumstances. Investigators will later find an oily substance which smells like fuel oil at the spot indicated by witnesses that the trucks were parked (see April 15-16, 1995). (Belluck 5/12/1995; PBS Frontline 1/22/1996; Serrano 1998, pp. 150-151)

The Alfred P. Murrah Building after being bombed.The Alfred P. Murrah Building after being bombed. [Source: CBS News]A truck bomb destroys the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people in America’s worst domestic terrorist attack. Timothy McVeigh, later convicted in the bombing, has ideological roots both in the Patriot world and among neo-Nazis like William Pierce, whose novel, The Turner Diaries (see 1978), served as a blueprint for the attack. (Pressley 4/20/1995; Southern Poverty Law Center 6/2001; Clarke 2004, pp. 127) Initially, many believe that no American set off the bomb, and suspect Islamist terrorists of actually carrying out the bombing (see 10:00 a.m. April 19, 1995 and After). Their suspicions prove groundless. Investigators will find that the bomb is constructed of some 5,000 pounds of ammonium nitrate and fuel oil, carried in 20 or so blue plastic 55-gallon barrels arranged inside a rented Ryder truck (see April 15, 1995). The bomb is detonated by a slow-burning safety fuse, most likely lit by hand. The fuse is attached to a much faster-burning detonation cord (“det cord”) which ignites the fertilizer and fuel-oil mixture. (Bernstein 4/27/1995) The Murrah Federal Building houses a number of federal agencies, including offices for the Bureau of Alcohol, Tobacco and Firearms (BATF); the Social Security Administration; the Housing and Urban Development (HUD), Veterans Affairs, and Agriculture departments; and the Secret Service. (Pressley 4/20/1995) It encompasses an entire city block, between 5th and 4th Streets and Harvey and Robinson Streets, and features a U-shaped, indented drive on 5th that allows for quick pickup and delivery parking. The entire building’s facade on this side is made of glass, allowing passersby to see into the offices in the building, as well as into the America’s Kids day care center on the second floor, which by this time is filling with children. It is in this driveway that McVeigh parks his truck. (Serrano 1998, pp. 99-102)
Entering the City - McVeigh drives into Oklahoma City, entering around 8:30 a.m. from his overnight stop in Ponca City, Oklahoma; the details reported of his entrance into the city vary (see 7:00 a.m. - 8:35 a.m., April 19, 1995). At 8:55 a.m., a security camera captures the Ryder truck as it heads towards downtown Oklahoma City (Douglas O. Linder 2006) , a sighting bolstered by three people leaving the building who later say they saw the truck parked in front of the Murrah Building around this time. At 8:57, a security camera captures an image of McVeigh’s Ryder truck being parked outside the Murrah Building in a handicapped zone. One survivor of the blast, Marine recruiter Michael Norfleet, later recalls seeing the Ryder truck parked just outside the building next to the little circle drive on 5th Street leading up to the main entrance of the building. Norfleet had parked his black Ford Ranger in front of the Ryder.
McVeigh Lights Fuses - McVeigh drives the Ryder truck west past the Murrah Building on NW Fourth Street, turns north on a one-way street, and turns right on Fifth Street. He pulls the truck over and parks near the Firestone store, next to a chain-link fence. He then lights the five-minute fuses from inside the cab (see 8:15 a.m. and After, April 18, 1995), sets the parking brake, drops the key behind the seat, opens the door, locks the truck, exits, and shuts the door behind him. A man later claims to have hit his brakes to avoid someone matching McVeigh’s description as he crossed Fifth Street around 9:00 a.m. McVeigh walks quickly toward a nearby YMCA building where he has hidden his getaway car, a battered yellow Mercury Marquis (see April 13, 1995), in the adjoining alleyway, crossing Robinson Street and crossing another street to get to the alleyway. He begins to jog as he approaches his car. He later says he remembers a woman looking at him as she is walking down the steps to enter the building; he will describe her as white, in her mid-30s, with dirty blonde hair. According to McVeigh’s own recollection, he is about 20 feet into the alley when the bomb goes off. (Stickney 1996, pp. 184-185; PBS Frontline 1/22/1996; Serrano 1998, pp. 158; Douglas O. Linder 2006; The Oklahoman 4/2009)
Truck Explodes - At 9:02 a.m., the truck explodes, destroying most of the Murrah Building and seriously damaging many nearby buildings. Eventually, it will be determined that 168 people die in the blast, including 19 children. Over 500 are injured. The children are in the second-story day care center just above the parking space where McVeigh leaves the Ryder truck. McVeigh will later tell his biographers that he is lifted off his feet by the power of the blast.
Devastation and Death - When the bomb detonates, the day care center and the children plummet into the basement. The building, constructed with large glass windows, collapses, sending a wave of flying glass shards and debris into the building and the surrounding area. The oldest victim is 73-year-old Charles Hurlbert, who has come to the Social Security office on the first floor. Hurlbert’s wife Jean, 67, also dies in the blast. The youngest victim is four-month-old Gabeon Bruce, whose mother is also in the Social Security office. One victim, Rebecca Anderson, is a nurse who runs towards the building to render assistance. She never makes it to the building; she is struck in the head by a piece of falling debris and will die in a hospital four days after the blast. Her heart and kidneys will be transplanted into survivors of the bombing. (Eddy et al. 6/3/1997; Thomas 6/3/1997; Serrano 1998, pp. 153-154; Oklahoma City Journal Record 3/29/2001) Sherri Sparks, who has friends still unaccounted for in the building, tells a reporter in the hours after the blast, “Oh, I can’t stand the thought of… those innocent children, sitting there playing, thinking they’re safe, and then this happens.” The explosion leaves a 30-foot-wide, 8-foot-deep crater in the street that is covered by the wreckage of the building’s upper floors. The north face of the nine-story building collapses entirely. (Pressley 4/20/1995; Walsh 4/22/1995) Mary Heath, a psychologist who works about 20 blocks from the Murrah Building, says the blast “shook the daylights out of things—it scared us to death. We felt the windows shake before we heard the noise.” In a neighboring building, a Water Resources Board meeting is just commencing; the audiotape of the meeting captures the sound of the blast (see 9:02 a.m. and After, April 19, 1995). (Pressley 4/20/1995; The Oklahoman 4/2009) Norfleet, trapped in the Marine Corps office, is thrown into a wall by the explosion. His skull is fractured, and a shard of glass punctures his right eye. Three separate arteries are pierced, and Norfleet begins bleeding heavily. Two supply sergeants in the office are far less injured; Norfleet asks one, “How bad am I hurt?” and one replies, “Sir, you look really bad.” One of the two begins giving Norfleet first aid; Norfleet later recalls: “He immediately went into combat mode and started taking care of me. He laid me on a table and he started looking for bandages to administer first aid. And while I was laying on that table, I just knew that I was losing strength and that if I stayed in the building, I would die.” Norfleet wraps a shirt around his head and face to slow the bleeding, and the two sergeants help him to the stairs, through the fallen rubble, and eventually out. Norfleet will later say that he follows “a blood trail of somebody that had gone down the steps before me” to get outside, where he is quickly put into an ambulance. He loses almost half his body’s blood supply and his right eye. He will never fly again, and will soon be discharged for medical incapacity. (Serrano 1998, pp. 161-162) Eighteen-month-old Phillip Allen, called “P.J.” by his parents, miraculously survives the blast. The floor gives way beneath him and he plunges 18 feet to land on the stomach of an adult worker on the floor below, Calvin Johnson. Landing on Johnson’s stomach saves P.J.‘s life. Johnson is knocked unconscious by the blast and by the impact of the little boy falling on him, but when he awakes, he carries the toddler to safety. P.J.‘s grandfather calls the child “Oklahoma’s miracle kid,” and media reports use the label when retelling the story of the miraculous rescue. P.J. is one of six children in the day care center to survive the blast. (Stickney 1996, pp. 275-277) Some people later report their belief that the Murrah Building was rocked by a second explosion just moments after the first one, the second coming from a secure area managed by the Bureau of Alcohol, Tobacco and Firearms (BATF) that illegally stored explosives. Law professor Douglas O. Linder will later write, “Both seismic evidence and witness testimony supports the ‘two blast theory.’” (Douglas O. Linder 2006) That theory is later disputed (see After 9:02 a.m. April 19, 1995).
Explosion's Effects Felt Miles Away - Buildings near the Murrah are also damaged, seven severely, including the Journal Record newspaper building, the offices of Southwestern Bell, the Water Resources Board, an Athenian restaurant, the YMCA, a post office building, and the Regency Tower Hotel. Two Water Resources Board employees and a restaurant worker are killed in the blast. The Journal Record building loses its roof. Assistant Fire Chief Jon Hansen later recalls, “The entire block looked like something out of war-torn Bosnia.” Every building within four blocks of the Murrah suffers some effects. A United Parcel Service truck 10 miles away has its windows shattered by the blast. Cars in parking lots around the area catch fire and burn. Millions of sheets of paper, and an innumerable number of glass shards, shower down for hundreds of feet around the building. (Stickney 1996, pp. 28-30)
Truck Axle Crushes Nearby Car - Richard Nichols (no relation to bomber Timothy McVeigh’s co-conspirator Terry Nichols), a maintenance worker standing with his wife a block and a half away from the Murrah Building, is spun around by the force of the blast. They throw open the back door of their car and begin taking their young nephew Chad Nichols out of the back seat, when Richard sees a large shaft of metal hurtling towards them. The “humongous object… spinning like a boomerang,” as Richard later describes it, hits the front of their Ford Festiva, smashing the windshield, crushing the front end, driving the rear end high into the air, and sending the entire car spinning backwards about 10 feet. Chad is not seriously injured. The metal shaft is the rear axle of the Ryder truck. Later, investigators determine that it weighs 250 pounds and was blown 575 feet from where the truck was parked. Governor Frank Keating (R-OK) points out the axle to reporters when he walks the scene a day or so later, causing some media outlets to incorrectly report that Keating “discovered” the axle. The scene will take investigators days to process for evidence. (Stickney 1996, pp. 32; Thomas 6/3/1997; Serrano 1998, pp. 187-189)
First Responders Begin Arriving - Within minutes, survivors begin evacuating the building, and first responders appear on the scene (see 9:02 a.m. - 10:35 a.m. April 19, 1995).
McVeigh's Getaway - McVeigh flees the bomb site in his Mercury getaway car (see 9:02 a.m. and After, April 19, 1995), but is captured less than 90 minutes later (see 9:03 a.m. -- 10:17 a.m. April 19, 1995).

In the hours after the bombing of the Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), some believe that the bombing was the work of Islamist terrorists. Televised news reports air theories of Islamist involvement, and say that eyewitnesses have reported seeing “Middle Eastern-looking men” fleeing the scene of the crime. (Katz and Hart 4/20/1995; Fox News 4/13/2005) One eyewitness describes a man running from the scene clad in a black jogging outfit; many both in US intelligence and in the media assume that the man is likely Middle Eastern. One source tells reporters that the FBI has received claims of responsibility from at least eight groups, seven of which seem to be of Middle Eastern origin. Some officials privately fear that the bombing is the work of either Hamas or Islamic Jihad, two violently militant Islamist organizations. (Katz and Hart 4/20/1995; Serrano 1998, pp. 185) Later in the day, Abdul Hakim Murad, an al-Qaeda operative in US custody, attempts to take credit for the bombing, but his associate Ramzi Yousef, also in US custody, does not (see April 19, 1995). In another instance, Jordanian-American Abraham Ahmad, attempting to fly to Jordan to visit relatives, is detained and questioned during a layover in Chicago. Ahmad, whom some sources describe as Palestinian-American, lives in Oklahoma City. A naturalized citizen who has lived in Oklahoma City since 1982, he has a background in computer science and is making a scheduled departure this morning to Jordan. His five suitcases contain, among other items, several car radios, large amounts of electrical wires, solder, a VCR, and a tool kit. He has packed a blue jogging suit and a pair of black sweatpants. Federal magistrates rush to serve him with a material warrant, moving so quickly that they misspell his name. He is stopped and questioned in Chicago before being allowed to continue his flight. He is stopped again in London, and this time is detained, strip-searched, and paraded in handcuffs through the crowded airport. He is photographed, fingerprinted, and returned to Washington before being transported to Oklahoma City. His name is leaked to the news media as a possible bombing suspect, creating a firestorm of interest; reporters crowd around his family’s home in Oklahoma City, and angry citizens vandalize his front yard. Authorities learn that Ahmad is going to Jordan for a family emergency. He will be released on April 21, will attend a memorial service for the bombing victims, and will file a $1.9 million lawsuit against the federal government. In later days, government officials such as counterterrorism “tsar” Richard Clarke will say that the possibility of Islamist involvement on some level is difficult to disprove (see Late 1992-Early 1993 and Late 1994 and November 5, 1994 - Early January 1995). (Serrano 1998, pp. 185-186; Clarke 2004, pp. 127; Fox News 4/13/2005) Justice Department spokesman John Russell says of Ahmad: “He cooperated. There is no reason for him to be held.” (The Washington Post, in reporting this, does not name Ahmad, and identifies him as “Palestinian-American.”) (Walsh 4/22/1995) Shortly after the bombing, senior FBI profiler Clint Van Zandt, who had worked with the FBI at the Branch Davidian siege outside Waco, concludes that the bomber is probably a white male with militia ties and not an Islamist terrorist (see April 19, 1995).

Abdul Hakim Murad is in a US prison awaiting trial for his alleged role in the Bojinka plot (see January 6, 1995). Told about the Oklahoma City bombing that took place earlier in the day (see 8:35 a.m. - 9:02 a.m. April 19, 1995), he immediately takes credit for the bombing on behalf of his associate Ramzi Yousef. However, Yousef, also in US custody at the time, makes no such claim (see 10:00 a.m. April 19, 1995 and After). An FBI report detailing Murad’s claim will be submitted to FBI headquarters the next day. (Lance 2006, pp. 163-164) A Philippine undercover operative will later claim that Terry Nichols, who will be convicted for a major role in the Oklahoma City bombing, met with Murad, Yousef, and others in the Philippines in 1994, and discussed blowing up a building in Oklahoma and several other locations (see Late 1992-Early 1993 and Late 1994). Counterterrorism “tsar” Richard Clarke will later comment: “Could [Yousef] have been introduced to [Nichols]? We do not know, despite some FBI investigation. We do know that Nichols’s bombs did not work before his Philippine stay and were deadly when he returned.” (Clarke 2004, pp. 127) Mike Johnston, a lawyer representing the Oklahoma City bombing victims’ families, will later comment: “Why should Murad be believed? For one thing, Murad made his ‘confession’ voluntarily and spontaneously. Most important, Murad tied Ramzi Yousef to the Oklahoma City bombing long before Terry Nichols was publicly identified as a suspect.” (Timmerman 6/22/2002) Also on this day, Mohammed Jamal Khalifa, an associate of Yousef and Murad who is being held in the US, is moved from a low security prison to a maximum security prison. (Lance 2006, pp. 164) But despite these potential links to Muslim militants, only five days after the Oklahoma City bombing the New York Times will report, “Federal officials said today that there was no evidence linking people of the Muslim faith or of Arab descent to the bombing here.” (Henneberger 4/24/1995) Murad’s claim apparently will not be reported in any newspaper until two years later (Flynn 6/17/1995) , when lawyers for Nichols’s bombing partner, Timothy McVeigh, tell reporters that their defense strategy will be to claim that the bombing was the work of “foreign terrorists” led by “a Middle Eastern bombing engineer.” The lawyers will claim that the bombing was “contracted out” through an Iraqi intelligence base in the Philippines, and it is “possible that those who carried out the bombing were unaware of the true sponsor.” The lawyers also say it is possible, though less likely, that the bombing was carried out by right-wing white supremacists, perhaps from the Elohim City compound (see 1973 and After, 1983, 1992 - 1995, October 12, 1993 - January 1994, August 1994 - March 1995, September 12, 1994 and After, November 1994, February 1995, and April 5, 1995). (Thomas 3/26/1997) The claims of foreign involvement will be discredited (see 10:00 a.m. April 19, 1995 and After).

President Clinton declares a state of emergency for Oklahoma City. Attorney Janet Reno is at the left.President Clinton declares a state of emergency for Oklahoma City. Attorney Janet Reno is at the left. [Source: The Oklahoman]In a live television press conference, President Clinton addresses the nation regarding the morning’s bombing in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). He says: “The bombing in Oklahoma City was an attack on innocent children and defenseless citizens. It was an act of cowardice and it was evil. The United States will not tolerate it. And I will not allow the people of this country to be intimidated by evil cowards. I have met with our team which we assembled to deal with this bombing, and I have determined to take the following steps to assure the strongest response to this situation. First, I have deployed a crisis management under the leadership of the FBI (see After 9:02 a.m., April 19, 1995), working with the Department of Justice, the Bureau of Alcohol, Tobacco and Firearms, military and local authorities. We are sending the world’s finest investigators to solve these murders. Second, I have declared an emergency in Oklahoma City. And at my direction, James Lee Witt, the director of the Federal Emergency Management Agency, is now on his way there to make sure we do everything we can to help the people of Oklahoma deal with the tragedy. Third, we are taking every precaution to reassure and to protect people who work in or live near other federal facilities. Let there be no room for doubt. We will find the people who did this. When we do, justice will be swift, certain, and severe. These people are killers and they must be treated like killers. Finally, let me say that I ask all Americans tonight to pray, to pray for the people who have lost their lives, to pray for the families and the friends of the dead and the wounded, to pray for the people of Oklahoma City. May God’s grace be with them. Meanwhile, we will be about our work. Thank you.” Clinton asks Americans to pray for the victims. Attorney General Janet Reno follows Clinton in the conference, and says, “The death penalty is available and we will seek it.” She refuses to speculate on whether the date of the bombing—the two-year anniversary of the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After)—is a coincidence or something more. “We are pursuing all leads,” she says. “This has been a tragic and heartbreaking day.… We cannot tell you how long it will be before we can say with certainty what occurred and who is responsible but we will find the perpetrators and we will bring them to justice.” At another time during the same day, Clinton tells a Des Moines reporter: “I was sick all day long. All of us have been looking at the scene where those children were taken out, and all of us were seeing our own children there. This is an awful, awful thing.” (PBS 4/19/1995; Katz and Hart 4/20/1995; Associated Press 4/20/1995; Serrano 1998, pp. 187) Clinton press secretary Michael “Mack” McCurry later credits Clinton for putting an end to what he will call “the anti-Arab hysteria that almost swept this country. Because remember, in the first several hours, everyone was pointing fingers at Arab terrorists (see 10:00 a.m. April 19, 1995 and After and April 19, 1995), which turned out to be obviously wrong.” (PBS Frontline 2000)

White separatist Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995), learning that the federal authorities have connected him to the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), decides to turn himself in to local authorities in Herington, Kansas (see (February 20, 1995)). (Mickolus and Simmons 6/1997, pp. 810; Douglas O. Linder 2001; Nicole Nichols 2003)
Drives to Police Station - It is unclear if Nichols knows that his ex-sister in law has cooperated with authorities (see April 20-21, 1995). He suspects that he is being watched, but does not realize that a team of three FBI agents from the mobile command post at Fort Riley is surveilling him, a single-engine FBI airplane is circling overhead, and a larger surveillance team is en route. The first agent to arrive is Stephen E. Smith, who learns little about Nichols from Police Chief Dale Kuhn except that the address they have for him in Herington is accurate. Smith then meets two other agents from the command post and they drive to Nichols’s home on Second Street. Nichols, who is listening to radio reports about the investigation, picks up a broken fuel meter from his garage, tells his wife Marife (see July - December 1990) he is going to “do something about” the meter, gives her $200, and loads her and their young daughter Nicole into his truck. Unbeknownst to Nichols, he and the family are being followed by Smith and the two agents, who saw him pulling out of his driveway. (At this moment, the FBI is more interested in Nichols’s brother James—see April 20-21, 1995. Smith’s primary assignment is to compile background information on James Nichols.) When a second car joins Smith’s car in tailing Nichols, he realizes he is being followed. Nichols waves at the cars. He then turns into the driveway of the local Surplus City store, steps out, then thinks better of it and re-enters his truck. Instead, he goes to the Herington Public Safety Building, which houses the local police station. He tells Marife that if agents ask her about his whereabouts on Easter Sunday (see April 16-17, 1995), she should tell them that he went to Oklahoma City, not Omaha as he had told her that day. The two FBI cars pull into the building parking lot close behind. (Thomas 7/2/1996; Serrano 1998, pp. 200-202)
'I Want to Talk to Somebody' - At 3:05 p.m., Nichols walks into the police station with his wife and their young daughter Nicole. Nichols is carrying his daughter in his arms; the FBI agents assume incorrectly that he intends to use her as a shield for possible gunfire. Marife Nichols will later describe her husband as “scared [and] anxious to know what’s going on.” According to Assistant Chief Barry W. Thacker: “He said: ‘My name is Terry L. Nichols. I just seen my name on television. I want to talk to somebody.’ I said: ‘Come on in. I think I can find somebody for you to talk to.’” Nichols, seemingly angry and agitated, says: “I’m supposed to be armed and dangerous. Search me.” Marife Nichols takes Nicole from her husband, and he removes his green jacket while Kuhn attempts to calm him. Outside, Smith and the other agents huddle together in the parking lot, worrying that Nichols may be attempting to take hostages in the police station. They call their supervisors in Kansas City; meanwhile, Kuhn reassures them that Nichols is not being belligerent. Shortly thereafter, Smith and the other agents enter the station. Nichols demands of them, “Why was my name on radio and television?” Smith explains they want to talk to him because he “is an associate of Timothy McVeigh.” The agents, along with some of the local constabulary, take Nichols to the basement and begin a lengthy interrogation session, led by Smith and fellow agent Scott Crabtree. Kuhn will testify that his officers tell Nichols three times that he is free to leave if he chooses. Instead, Nichols chooses to stay, telling one officer that “he was afraid to leave” and return to his home. From Washington, lead FBI counsel Howard Shapiro advises the agents to keep Nichols talking. (Rimer and Bennet 4/24/1995; Thomas 7/2/1996; Serrano 1998, pp. 202-203) FBI agents will interrogate Nichols and his wife Marife for nine hours (see 3:15 p.m. and After, April 21-22, 1995) and search Nichols’s property (see Evening, April 21, 1995 and After).

Oklahoma City bombing conspirator Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995), having turned himself into the local police in Herington, Kansas (see 2:00 p.m. and After, April 21, 1995), is interrogated for nine hours by federal authorities and consents to have his home and truck searched (see Evening, April 21, 1995 and After). (Mickolus and Simmons 6/1997, pp. 810; Douglas O. Linder 2001; Nicole Nichols 2003)
Nine-Hour Interrogation, No Recording Made - Starting around 3:15 p.m., FBI agents interrogate Nichols for over nine hours. Nichols agrees to speak without a lawyer present. The agents do not record the interview, instead making handwritten notes on it. Preliminary questions include verification of his Social Security number (which he says he never uses because he does not believe in having a federal government number; he also says he does not pay federal taxes (see March 16, 1994)) and his job (self-employed dealer of military surplus). They then ask him when he heard that he might have been involved in the bombing. Nichols says he only heard of his alleged involvement earlier in the day. He says he knew bombing suspect Timothy McVeigh during their stint in the Army (see March 24, 1988 - Late 1990). He says that he saw the sketches of the two bombing suspects (see April 20, 1995), but does not believe the sketch of “No. 1” looks like McVeigh. He explains that once he heard about his being a suspect, he decided to go directly to the local police instead of federal agents, because “I didn’t want another Waco” (see April 19, 1993 and April 19, 1993 and After). Apparently Nichols means he did not want to become involved in an armed standoff with police and FBI agents. He says he realized he was being followed when he pulled into the Surplus City parking lot, and came directly to the police station. Agents Stephen E. Smith and Scott Crabtree then begin asking him about his brother James, and he gives some information about his earlier life in Decker on his brother’s farm, and notes that McVeigh had lived with them for a time (see Summer 1992 and October 12, 1993 - January 1994). At this point, around 3:30 p.m., the agents inform him that he is not a suspect, but a witness. Nevertheless they ask him to read aloud a form titled “Interrogation; Advice of Rights,” that sets forth his rights to have a lawyer present or to remain silent. He refuses to sign the form. Smith will later testify, “He said the word ‘interrogation’ sounded like the Nazis.” The US Attorney for Kansas, Randall K. Rathbun, tells reporters, “He refused to sign the form, indicating that since it dealt with interrogation, he said that was a word that reminded him of Nazi Germany and he refused to sign the form dealing with his rights.” From Washington, lead FBI counsel Howard Shapiro advises the agents that they need to secure Nichols’s oral acknowledgment that he is waiving his rights to legal representation, and advise him again that he is free to go. Shapiro adds that if Nichols does leave, the agents should follow him and arrest him once a warrant for his detention as a material witness is available. Nichols waives his rights to a lawyer and agrees to continue speaking. Shapiro advises the agents not to tell Nichols about the warrant for his arrest being prepared, as it may discourage him from talking. (Johnston 5/11/1995; Thomas 7/2/1996; Lane 12/24/1997; Serrano 1998, pp. 203-205) He signs a Consent to Search form allowing agents to search his home and pickup truck, though his lawyers will later claim he believes his wife will be allowed to be present during the search. He says repeatedly that he hopes the agents searching his home can tell the difference between cleaning solvents and bomb components: “There is nothing in my house or truck that could be construed as bomb-making materials,” he says. (PBS Frontline 1/22/1996; Thomas 7/2/1996; Serrano 1998, pp. 205)
Denies Knowledge of Bombing - Nichols denies any foreknowledge of McVeigh’s bombing, saying merely that McVeigh had told him “something big” was in the offing (see April 15, 1995). He tells his questioners that the first he heard of the bombing was while watching a television demonstration at the Home Cable Television sales outlet in Herington. The agents ask him when he last had contact with McVeigh. According to Nichols, he sent McVeigh a letter in February 1995, asking McVeigh if the next time he was in Las Vegas, he could pick up an old television set from his ex-wife Lana Padilla; Nichols says he wanted the television set for when his son Joshua visited.
Tells of Long Easter Trip to Oklahoma City, Junction City for Television - On the afternoon of Easter Sunday, April 16, Nichols says, McVeigh called and asked him to come to Oklahoma City to pick up the television set (see April 16-17, 1995). “I’m pressed for time to get back east” to his family in New York, Nichols says McVeigh told him. “If you want your television, you’ll have to come to Oklahoma City.” Although Oklahoma City is some 250 miles away, Nichols agreed to make the trip. He also agreed to tell his wife that he was going to Omaha, not Oklahoma City, at McVeigh’s request. Nichols explains: “He [McVeigh] has a private nature. He has told me that no one is to know his business. Some of the things he wanted kept private were trivial matters. He just doesn’t want people to know what he is doing. That is just his nature.” Nichols tells the agents that before Easter, he had last heard from McVeigh in November 1994 or perhaps early 1995 (see February 20, 1995 and April 11, 1995). He then says: “In my eyes, I did not do anything wrong but I can see how lawyers can turn stuff around. I did not know anything. Lawyers can turn stuff around.” He denies ever seeing McVeigh at any motel in Junction City, Kansas (see September 22, 1994, January 19 - January 27, 1995, and (February 20, 1995)), says he has no knowledge of McVeigh renting a Ryder truck (see April 15, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995), and was never asked by McVeigh to buy any materials related to making bombs (see September 13, 1994, September 22, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, October 29-30, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, November 9, 1994, January 19 - January 27, 1995, January 31 - February 12, 1995, February 20, 1995, March 1995, March 17, 1995, April 5-10, 1995, April 15-16, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995). He says he drove to Oklahoma City and picked up McVeigh near the Murrah Federal Building (see April 16-17, 1995). McVeigh loaded the television into the pickup, Nichols says, along with a green duffel bag. They then headed towards Junction City. Nichols says he met McVeigh in an alleyway and never saw McVeigh’s car, which he says McVeigh claimed was broken down. Asked what they talked about, Nichols responds, “McVeigh talked in code.” He only later understood what his friend meant when he said “something big” was going to happen; he claims that he thought McVeigh was talking about robbing a bank. The conversation then turned to the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After), and McVeigh said he was interested in a protest rally for April 19 in Washington, DC. Nichols says he does not know why McVeigh wanted to go to Junction City. Maybe McVeigh had another car there, Nichols speculates. He let McVeigh off in Junction City, ate by himself at a Denny’s restaurant, and made the short drive home.
Second Trip to Junction City - On Tuesday, April 18, Nichols says, McVeigh called him around 6 a.m. and asked to borrow his pickup. Nichols says he met McVeigh in Junction City, and spent the morning at a military surplus auction while McVeigh used the truck. When they met up again in the early afternoon, all McVeigh had, Nichols says, was his green duffel bag. Explaining why McVeigh had had the truck for hours and brought back no items, Nichols explains, “Tim lives and travels light.” He then tells of picking up items from a storage locker McVeigh has rented (see April 20, 1995), and says that was the last time he saw McVeigh. The agents would find some of McVeigh’s belongings in his garage: a sleeping bag, rucksack, and rifle. (Johnston 5/11/1995; PBS Frontline 1/22/1996; Serrano 1998, pp. 205-208; The Oklahoman 4/2009)
Morning's Events - Nichols says he spoke to his ex-wife Lana Padilla earlier that day, angering his wife Marife, who announced she wanted to go back to the Philippines. “I’ve got friends there,” he says she told him. “I don’t have friends here. You got friends like Tim.” Marife does not like McVeigh, Nichols says, complaining that he lives his life “on the edge” and drives too fast. As for his conversation with Padilla, Nichols says she asked him about $3,000 he had apparently given her for their son Joshua. Investigators will later speculate that the money came from a robbery Nichols perpetrated in order to fund the bombing (see November 5, 1994). He says he went to a local lumberyard, then came back home.
Turning Up the Heat on Nichols - Nichols and Marife watched a few minutes of television together, and that was when they saw news reports identifying McVeigh as a suspect in the bombing. “I thought and swore that I could not believe it was him because he was heading back to see his family!” he says. “And he was back there in Oklahoma City? When I heard his name on TV, that is when I figured out why my name was on the radio, because I was his friend.… I was feeling shock, because I heard my name. How am I involved? How am I connected to it? I must not have known him that well for him to do that.” Nichols says he and McVeigh had become somewhat estranged, in part because McVeigh did not like Nichols’s penchant for practical jokes. The agents lean in and begin demanding to know if McVeigh executed the bombing, and if Nichols had any role in it. It is apparent they do not believe Nichols’s stories. Nichols, talking fast, says: “I feel upset that I’m involved, in a sense, because of him, and knowing that I am not.… I feel I cannot trust anyone any more than Tim. I would be shocked if he implicated me. Tim takes responsibility for his actions, and he lives up to his arrangements.… I cannot see why he would do it.” The agents ease off for a bit, and ask Nichols about his recent fertilizer purchases. He admits buying two 50-pound bags of ammonium nitrate at a Manhattan, Kansas, elevator, for which he has the receipts. He intends to sell it in one-pound bags at gun shows, to be used as fertilizer. He has already sold a few bags at earlier gun shows, he says: “If I sell any more at these shows, they will question me.” He says he spread some of the leftover fertilizer on his lawn just recently. (Investigators will later determine that the fertilizer was probably left over from the bomb-making process (see 8:15 a.m. and After, April 18, 1995).) He did not mention the fertilizer earlier, he says, because ammonium nitrate can be used to make an explosive compound, and “[i]t would make me look guilty to a jury.” He says he is working to build a new career as a military surplus dealer and create a peaceful life for himself and his family (see April 6, 1995). While he has worked gun shows with McVeigh in the past, he says, he does not know any of the other vendors, and though they never associated with militia members, he did recently sell 30 MREs (military “meals ready to eat”) to members of the Michigan Militia. Sometimes he heard talk about the Davidian tragedy and federal law enforcement officials at the shows, but he rarely took part in the conversations. He admits to having some anti-government feelings, and has read some of the literature, but says others got “hyped” about it and talked about taking action. McVeigh “was much more hyped about Waco,” he says. McVeigh is very knowledgeable about explosives, and is “capable” of building a bomb such as the one detonated in Oklahoma City, he says, but the agents should not assume he actually carried out the bombing. Nichols denies having specific knowledge himself of how to build a fertilizer bomb similar to that used in Oklahoma City, though he says the information is readily available. McVeigh is particularly fascinated with guns, Nichols says, and is extremely knowledgeable about them. He notes some common acquaintances, including Michael Fortier (see December 16, 1994 and After, Mid-March, 1995, April 5, 1995, and April 19, 1995 and After). whom he merely identifies by his last name and does not disclose that the three of them served in the Army together. Nichols admits to having rented a number of storage facilities in Las Vegas (see November 5, 1994 - Early January 1995) and in Kansas, including one in Herington (see September 22, 1994) and another in Council Grove (see October 17, 1994 and November 7, 1994), but he just uses them for storing household items, he says, along with a few guns and ammunition. After more questioning, Nichols admits that he now suspects McVeigh might well be the bomber. (PBS Frontline 1/22/1996; Thomas 7/2/1996; Serrano 1998, pp. 208-214) One source says that the FBI first learns of Fortier from Nichols’s 12-year-old son Joshua, who phones the bureau from his Las Vegas home and speaks with agent Debbie Calhoun about Fortier. (Stickney 1996, pp. 183)
Break and Resumption - Everyone, including Nichols, is tired. At 6:10 p.m., they take a break, and give Nichols a glass of water and two slices of pizza. They refuse to let him see his wife. Special Agent John F. Foley sits with Nichols, and they talk casually until about 7:00 p.m. Smith and Crabtree resume the questioning, and ask Nichols to verify that the house or garage is not “booby-trapped.” He says it is not, and gives them a map of his house that indicates where guns and ammunition are stored on his property. Nichols repeats much of what he said earlier, insisting that his story about McVeigh’s borrowing his pickup truck on April 18 is factual and that he fully intends to build a new life for himself with his family. While McVeigh had grown increasingly agitated about the federal government and had become more radicalized, Nichols says, he himself just wanted to settle down. At 11:15 p.m., they play him an audiotape of his ex-wife Lana and his son Joshua urging him to cooperate. The tape upsets Nichols. Just after midnight, they hand him copies of the letters he had left at his ex-wife’s house urging McVeigh to “Go for it!” (see November 5, 1994 - Early January 1995). Nichols says he wrote the letter to take the place of a will, worried that he might not return from the trip he took to the Philippines. During the last two hours of interrogation, a new pair of agents, Foley and Daniel L. Jablonski, begin pressuring Nichols, accusing him of lying. Nichols does not respond to the new tactics. He refuses to take a polygraph exam, and refuses to sign a form certifying that he has been advised of his Miranda rights. He ends by denying any involvement whatsoever in the bombing. (PBS Frontline 1/22/1996; Thomas 7/2/1996; Serrano 1998, pp. 208-214)
Wife Questioned for Six Hours - Marife Nichols is questioned for six hours (see 3:15 p.m. and After, April 21, 1995).
Warrants Signed - Oklahoma City’s chief federal judge, David L. Russell, is at the FBI’s command center, and after the decision is made in Washington to procure a material witness arrest warrant, Russell signs it. It is faxed to the police station in Herington at 4:46 p.m. FBI agents interrogating Nichols do not tell him that the material witness warrant is now available; lead agent Thomas A. Price will later say he did not want to interrupt the interrogation. Russell will say he is not aware that Nichols is being interviewed by the FBI, and, noting language on the warrant that says Nichols “has attempted to leave the jurisdiction of the United States,” will say that the language is “inconsistent” with Nichols’s voluntary presentation at the police station.
Public Defender Denied Access - Public defender David J. Phillips, the federal defender for Kansas, learns from television reports that Nichols is in custody and has asked for legal representation. Phillips repeatedly calls the Herington police station, but is told that no one is available to speak with him. At 9:10 p.m., he calls a federal prosecutor in Topeka and is told that Nichols is not being arrested, and that Nichols is not the “John Doe” the FBI is looking for. Price will testify that he is aware of Phillips’s attempts to contact the police, and has told Police Chief Dale Kuhn to write down Phillips’s number. “[I]f Nichols asked for counsel, we’d provide the number,” Price will testify. Phillips will represent Nichols beginning April 22. (Thomas 7/2/1996)
Possible Militia Affiliation - The FBI says it has reason to believe Nichols is a member of the Michigan Militia (see October 12, 1993 - January 1994); spokesmen for the Michigan Militia say Nichols is not a member and their group has no connection to the bombing (Purdum 4/22/1995) , though a relative says that both brothers are indeed members of the group. A neighbor of Nichols, Randy Izydorek, tells a reporter that Nichols is proud of his affiliation with groups such as the Michigan Militia. “He told me it’s nationwide and it’s growing,” Izydorek says. (Weiner 4/23/1995) (Militia spokesmen have said the group ejected Nichols and his brother James for “hyperbolic language,” apparently referring to calls for violence.) (Rimer and Bennet 4/24/1995)
Nichols Arrested and Jailed, Admits to Using Aliases - Shortly after midnight, the agents formally serve the warrant on Nichols and arrest him. At 12:24 a.m., Nichols is incarcerated in Abilene, Kansas. The afternoon of April 22, he is transferred to a jail in Wichita, Kansas, in the custody of Smith and Crabtree, where he will make his initial court appearance. Nichols continues to talk; during the drive, he admits to using a number of aliases, including Ken Parker (see October 17, 1994, November 5, 1994 - Early January 1995, and November 7, 1994) and Jim Kyle (see October 17, 1994, October 21 or 22, 1994, November 5, 1994, January 19 - January 27, 1995, and January 31 - February 12, 1995). McVeigh, he says, often used aliases such as Shawn Rivers (see September 22, 1994 and October 1994) and Tim Tuttle (see October 12, 1993 - January 1994, November 22, 1993, December 1993, February - July 1994, and November 30, 1994). McVeigh liked to use aliases, he says, and Nichols went along with the practice. “But we parted ways last fall,” he says. “The way we both live did not jive.” His brother James always “got along well” with McVeigh, he says. (PBS Frontline 1/22/1996; Thomas 7/2/1996; Lane 12/24/1997; Serrano 1998, pp. 215)

The home, pickup truck, and property of suspected Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, 2:00 p.m. and After, April 21, 1995, and 3:15 p.m. and After, April 21-22, 1995) are searched by federal authorities while FBI agents are grilling Nichols and his wife Marife, both of whom are in police custody in Herington, Kansas. Agents are also involved in searching the Decker, Michigan, home and property of Nichols’s brother James, as bomber Timothy McVeigh listed James Nichols’s residence as his home address (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). Initial searches of both sites turn up bomb materials, including five 60-foot safety fuses with blasting caps, Primadet explosive, five gasoline cans, a fuel meter, several containers of ground ammonium nitrate fertilizer, three empty bags of ammonium nitrate, a receipt for the purchase of the ammonium nitrate, four white barrels with blue lids made from material resembling the blue plastic fragments found in the bomb debris, and weapons that may be illegal to possess, including an anti-tank weapon. In searching Terry Nichols’s home and property, agents also find a cache of documents, many concerning the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After) and espousing sometimes-violent anti-government sentiments, and a hand-drawn map of the Murrah Federal Building and its environs (see September 7-8, 1996). They find a spiral notebook that seems to be a combination phone book and diary, including dates and amounts for storage locker rentals, notations of the aliases used to rent the lockers (including the aliases “Ted Parker” and “Joe Kyle”), notes about “Tim” and “places to camp,” and some notations by Nichols’s wife Marife that describe quarrels she has had with her husband. And they find a telephone card whose number was used by McVeigh to make calls in his hunt for bomb-making materials (see August 1994). The weapons, map, and materials found may tie either or both Nichols brothers to the bomb plot. (Verhovek 4/22/1995; Johnston 4/23/1995; Belluck 4/26/1995; Belluck 5/12/1995; Serrano 1998, pp. 229; Indianapolis Star 2003; Douglas O. Linder 2006) Nine of the guns found in Nichols’s home—a Savage .30-06 rifle, a Remington .30-06 rifle, a Ruger carbine, a Ruger Mini-30 rifle using 7.62-millimeter ammunition, two Ruger Mini-14 rifles, a Winchester 12-gauge Defender shotgun, a Mossberg 12-gauge shotgun with a pistol grip, and a Smith & Wesson 9-millimeter pistol—are similar to those stolen from an Arkansas gun dealer some six months ago (see November 5, 1994). Prosecutors believe Nichols, or perhaps Nichols and bombing suspect McVeigh, carried out that robbery to help fund the bomb plot. Of 33 weapons listed as found in Nichols’s house on the FBI’s Evidence Recovery Log, six rifles, two shotguns, and a pistol appear to be the same models as stolen weapons on the Garland County Sheriff’s office record of the robbery. They also find a safe-deposit key they believe was taken during the robbery (see November 5, 1994 - Early January 1995). (Kifner 6/17/1995) Nichols is told during the interrogation that agents have found a number of large plastic drums or barrels in his garage. He says he bought these at a dump in Marion, Kansas, and used them to haul trash. Agents also found a large fuel meter in the garage; Nichols says he bought this from a sale in Fort Riley, and says it is broken. (Serrano 1998, pp. 212-213) A relative of the Nichols brothers tells the FBI that “James Nichols had been involved in constructing bombs in approximately November, 1994, and that he possessed large quantities of fuel oil and fertilizer,” according to an affidavit filed with the court. “Terry Nichols was in Decker, Mich., on or about April 7, 1995, visiting his brother, James Nichols, and may possibly have been accompanied by Tim McVeigh.” James Nichols (see December 22 or 23, 1988) is currently held in the Sedgwick County jail in Wichita, Kansas, as a material witness to the bombing (see April 21, 1995 and After). (Weiner 4/23/1995)

Firefighter Chris Fields carries a mortally wounded child, Baylee Almon, from the wreckage of the Murrah Building on April 19. The child dies in the ambulance. The photograph, by Charles H. Porter IV, wins a Pulitzer Prize and becomes one of the iconic images of the bombing.Firefighter Chris Fields carries a mortally wounded child, Baylee Almon, from the wreckage of the Murrah Building on April 19. The child dies in the ambulance. The photograph, by Charles H. Porter IV, wins a Pulitzer Prize and becomes one of the iconic images of the bombing. [Source: Associated Press / Charles H. Porter IV]A national day of mourning for the Oklahoma City bombing victims (see 8:35 a.m. - 9:02 a.m. April 19, 1995) is held. President Clinton, Attorney General Janet Reno, the Reverend Billy Graham, and others attend. (Indianapolis Star 2003; Fox News 4/13/2005) “My fellow Americans, a tree takes a long time to grow and wounds take a long time to heal, but we must begin,” Clinton says at the service. “Those who are lost now belong to God.… We pledge to do all we can to help you heal the injured, to rebuild this city, and to bring to justice those who did this evil. You have lost too much, but you have not lost everything. And you have certainly not lost America, for we will stand with you for as many tomorrows as it takes.” (Presidential Rhetoric (.com) 4/23/1995; Wilmsen and Simpson 6/14/1997; The Oklahoman 4/2009) Graham tells the assemblage: “That blast was like a violent explosion ripping at the heart of America. And long after the rubble is cleared and the rebuilding begins, the scars of this senseless and evil outrage will remain.” (Serrano 1998, pp. 173)

Philippine President Fidel Ramos says he has asked the US to postpone the deportation of Mohammed Jamal Khalifa, bin Laden’s brother-in-law, to Jordan. Khalifa had been arrested in the US in December 1994. Jordan requested his extradition and the US agreed, but earlier in April a Jordanian court overturned a conviction of Khalifa. Ramos says, “We have asked [US authorities] to hold his deportation because we are finding out his links with local terrorists here.” A Philippines intelligence report completed in December 1994 already tied Khalifa to several planned attacks that could have killed thousands (see December 15, 1994). By comparison, he has already been acquitted of attacks in Jordan that injured several but killed no one. (Agnote 4/24/1995) Despite the request from Ramos, a US judge will approve Khalifa’s deportation to Jordan two days later (see April 26-May 3, 1995). He will be acquitted again there and then set free (see July 19, 1995).

An immigration judge approves the deportation of Mohammed Jamal Khalifa, bin Laden’s brother-in-law, saying “his presence in the United States would have potentially serious adverse foreign policy consequences.” Khalifa reportedly leaves the US for Jordan on May 3, although there is some evidence he remains in US custody until August (see May 3, 1995-August 31, 1995). (United Press International 5/5/1995) He will quickly be retried in Jordan, pronounced not guilty of all charges, and set free (see July 19, 1995). Jacob Boesen, an analyst at the CIA’s Counter Terrorism Center, will later recall, “I remember people at the CIA who were ripsh_t at the time. Not even speaking in retrospect, but contemporaneous with what the intelligence community knew about bin Laden, Khalifa’s deportation was unreal.” (DelVecchio 4/18/1995; Knickmeyer 4/26/1995; Miller 5/2/2002; Lance 2003, pp. 233-35) Author Peter Lance will later comment, “If this arrest had been properly followed up by the FBI and the Justice Department, it could have led to the seizure of both Ramzi Yousef and his uncle Khalid Shaikh Mohammed, and stopped the 9/11 plot dead in its tracks.” (Lance 2006, pp. 158)

Terry Nichols, a suspected accomplice in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and 3:15 p.m. and After, April 21-22, 1995) currently jailed in Wichita, Kansas, tells a jailer he wants a different book than the one he has been given to read. This book, he says, has a story “about an innocent man who is charged with murder, two counts, and it took him 14 years to get out of prison.” The guard replies, “Is that right?” and Nichols says, “I guess you really don’t know what your friends will do.” Nichols is apparently referring to suspected bomber Timothy McVeigh (see April 21, 1995). When the guard asks him who he is talking about, Nichols replies: “I’m talking about some of my friends, my friends. We were good friends. For five years… but it looks like… maybe he did it. And I think I may have… I may have accidentally helped him in doing it” (see September 13, 1994, September 22, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, October 29-30, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, November 9, 1994, January 19 - January 27, 1995, January 31 - February 12, 1995, February 20, 1995, March 1995, March 17, 1995, April 5-10, 1995, April 15-16, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995). The guard will file a report on the conversation, and add the following: “His last few words appeared to have been very hard for him to say. I believe he wiped a tear from his right eye.” (Serrano 1998, pp. 216)

The San Francisco Chronicle publishes an article about the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the lengthy spate of bombings attributed to the “Unabomber” (see May 25-26, 1978 and April 24, 1995). The first person quoted in the Chronicle article is Tom Tyler, a social psychology professor at the University of California at Berkeley. Unbeknownst to Tyler or the Chronicle, the Unabomber is Theodore “Ted” Kaczynski, a former mathematics professor at Berkeley (see April 3, 1996). Tyler, who will later say he was not at Berkeley when Kaczynski taught there, receives a letter from the Unabomber shortly after the article is published. The letter is addressed to Tyler, and identifies him as “head of the social psychology group,” the same incorrect title he was given in the Chronicle. It contains a long manuscript written by the Unabomber (see April 24, 1995) and asks him to read it. “I said in the article that the Oklahoma City bomber and the Unabomber were examples of people who had exaggerated feelings that the government was out to get them,” Tyler later recalls. “The Unabomber objected to that characterization of him.” The letter asks Tyler to read his document, which he had sent to the New York Times, the Washington Post, and three other media outlets (see September 19, 1995). Tyler responds that he welcomes Kaczynski’s suggestion that revolution “need not be violent or sudden,” says that Kaczynski is not alone in feeling discontented with today’s society, and that “it is wrong to simply say that people who are dissatisfied are in some way non-rational.” However, Tyler disagrees with his argument that industrial-technological society cannot be reformed. (Lambropoulos 7/5/1995; Lardner and Adams 4/14/1996)

Mohammed Jamal Khalifa, bin Laden’s brother-in-law, is reportedly released from a US prison on May 3, 1995, and deported to Jordan to stand trial there. He had been sentenced to death while outside Jordan, but according to Jordanian law he is allowed a retrial if he shows up in person for it. Media accounts at the time place Khalifa in Jordan, attending his retrial. For instance, according to one article published on May 15, “In San Francisco last week, American police officials quietly placed a slender, bearded man on a plane to the Middle East, where he was taken into custody by Jordanian security guards.” (Lief 5/15/1995) Another article from July 19 puts him in a Jordanian courtroom, saying, “Khalifa sobbed in relief as the verdict was pronounced….” (Agence France-Presse 7/19/1995) However, US prison records released years later will indicate Khalifa was transferred to the custody of another unnamed US government agency on May 3 instead. He then remained in the US or in a remote US facility overseas until leaving the prison system on August 31, 1995, almost four months later. By that time, his trial in Jordan is over and he is allowed to go free there. Whether this contradiction is a clerical error or if there is some other explanation is not known. (Lance 2006, pp. 165-166)

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 3:15 p.m. and After, April 21-22, 1995) is charged as a co-conspirator in connection with the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Prosecutors say that Nichols, though he did not participate directly in the bombing, played a direct and central role in carrying it out with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). Nichols is charged in a criminal complaint that is filed under seal with the court; a lawyer involved in the case says the prosecution may be trying to keep some undisclosed details of the evidence it is providing out of the public eye for the time being. Nichols’s lawyer, public defender David Phillips, says he expects Nichols to be indicted at any time. Nichols is being held in custody in Wichita, and will likely be moved to Oklahoma City soon. Prosecutors may be pressuring Nichols to turn state’s evidence against McVeigh, and lead them to others who may have been involved in the plot, particularly the elusive “John Doe No. 2” (see April 20, 1995). Nichols insists that he had no idea McVeigh planned to bomb the Murrah Federal Building, but prosecutors believe otherwise. One witness who may testify against Nichols is his former wife, Lana Padilla. In an interview Padilla recently gave to a tabloid television show, American Journal, she said Nichols gave her a package in 1994 that contained a key to a storage locker; the locker contained thousands of dollars in gold and silver bouillon (see November 5, 1994 - Early January 1995). In previous interviews with reporters, Padilla had not mentioned the locker. Investigators also believe that their 12-year-old son, Joshua Nichols, may have been at the rental office in Junction City where the Ryder truck containing the bomb was rented (see April 15, 1995). Some witnesses in Herington, Kansas (see (February 20, 1995)), say they saw Joshua Nichols in town the same day that McVeigh rented the Ryder truck in Junction City; a supermarket manager recalls seeing Nichols and his son on April 17, when they rented three film videos and bought a can of peanuts. “They browsed around about 30 minutes,” the manager says. “He came up to the clerk and said he was a new customer. She asked for his driver’s license and he said he didn’t have one. She asked for his Social Security number, and he just told us a number.” (Johnston 5/9/1995; Douglas O. Linder 2001; Fox News 4/13/2005) Joshua Nichols tells reporters for ABC News that he was not with his father as the supermarket manager has stated. Prosecutors say Padilla put her son on a plane for their home in Las Vegas on April 17. (Kilborn 5/10/1995) Nichols is formally charged the following day (see May 10, 1995).

An FBI affidavit filed today in Oklahoma suggests that planning for the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) began as early as September 1994, when accused bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995) began buying thousands of pounds of ammonium nitrate fertilizer and rented the first of several storage sheds in small towns in Kansas (see October 17, 1994). Nichols is accused of accumulating two tons of ammonium nitrate and, just before the bombing, purchasing an unspecified quantity of diesel fuel, another essential ingredient for the bomb. The affidavit, unsealed at a hearing for Nichols at the El Reno Federal Corrections Center outside Oklahoma City and intended to show a judge that sufficient grounds exist to charge Nichols with the bombing, provides the first look at the government’s case against Nichols and accused bomber Timothy McVeigh (see April 21, 1995). The affidavit provides a chronological timeline of events that together portray Nichols and McVeigh as Army buddies turned amateur terrorists, and suggests that Nichols may have actually led the bomb-making effort, though he did not participate in the bombing itself. Nichols’s brother James Nichols has also been indicted on charges of building bombs (see May 11, 1995). However, the indictment shows no direct involvement by James Nichols or anyone else in the bombing conspiracy. The indictment specifically offers no evidence that the as-yet unidentified “John Doe No. 2” (see April 20, 1995), suspected of accompanying McVeigh when he rented the Ryder truck used to deliver the bomb (see April 15-16, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is involved in the bombing, though authorities continue to search for him, believing him to be either a co-conspirator or a valuable witness. The affidavit states that “an explosive device of the magnitude” that wrecked the Murrah Federal Building “would have been constructed over a period of time utilizing a large quantity of bomb paraphernalia and materials.” Building such a bomb, the document says, “would necessarily have involved the efforts of more than one person,” although it does not say how many. The affidavit also reveals that five months before the bombing, Nichols left a letter that instructed McVeigh to clean out two of the storage sheds if Nichols were to unexpectedly die, told McVeigh he would be “on his own,” and said he should “go for it!” (see November 5, 1994 - Early January 1995). It shows that a search of Nichols’s home found numerous materials appearing to be related to the bomb, including explosive and other materials used in the bomb itself. And Nichols has admitted to having the knowledge required to make an ANFO (ammonium nitrate and fuel oil) bomb such as the one used in Oklahoma City. He said he disposed of ammonium nitrate by spreading it on his yard on April 21 after reading press accounts that the substance was one of the ingredients used in the bomb, and told investigators that the materials they found at his home were “household items.” After the 13-minute hearing, US Magistrate Ronald L. Howland orders Nichols held without bail pending a preliminary hearing scheduled for May 18. Patrick M. Ryan, the interim US Attorney for the Western District of Oklahoma, reads the charges against Nichols, and says the government will seek the death penalty. Nichols is currently represented by two federal public defenders, David Phillips and Steven Gradert, but the judge is expected to appoint another lawyer to represent Nichols on the bombing charges. (Belluck 5/12/1995)

The New York Times reports that Timothy McVeigh, accused of executing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), has claimed responsibility for the bombing. The Times’s sources are two people who have spoken with McVeigh during his continuing incarceration at the Federal Correctional Institution in El Reno, Oklahoma; they spoke to Times reporter Pam Belluck in return for anonymity. McVeigh, the sources claim, told them he chose the Murrah Federal Building as a target because it housed so many government offices, and because it was more architecturally vulnerable than other federal buildings. The sources say McVeigh said he knew nothing of the day care center in the building, and was surprised to learn that children had died in the bombing. McVeigh told the sources that he was not “directly involved” with armed civilian paramilitary groups (see October 12, 1993 - January 1994, September 12, 1994 and After, November 1994, December 1994, January 1995, and April 5, 1995), though he admitted to having “relationships and acquaintances with a few people who have similar views,” primarily people he met at gun shows, the sources say. They say McVeigh acknowledges responsibility for the bombing, but does not believe he committed a crime. They say that McVeigh told them the planning for the bombing began at least nine months ago (see September 13, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, March 1995, March 31 - April 12, 1995, April 13, 1995, April 15, 1995, and 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995), and he had considered targets throughout the Midwest, from Denver to Kansas City to Texas and South Dakota. They say that McVeigh told them he had gone to the bomb site at least once (see October 20, 1994 and April 16-17, 1995) but had not gone inside the building. Federal officials say the Murrah Building was extremely vulnerable to explosive damage because of its large glass windows, its nine floors which could collapse upon one another, and because of the absence of any courtyard or plaza separating the building from the street, where a truck carrying a bomb could be parked. McVeigh’s alleged statements to the two sources suggest that those factors greatly influenced his choice of the building. The sources say that McVeigh was motivated to carry out the bombing in part because of the 1992 killing of white supremacist Randy Weaver’s wife and son during a standoff with federal agents in Ruby Ridge, Idaho (see August 31, 1992), and because of his fury over the Branch Davidian debacle outside Waco, Texas (see April 19, 1993 and April 19, 1993 and After). McVeigh was also driven, they say, by a more general hatred of the government, which may be fueled in part by his failure to land a well-paying job when he left the Army (see November 1991 - Summer 1992). The sources say McVeigh did not single out any one experience that triggered his desire to plan and execute the bombing. McVeigh also noted, they say, that he did not specifically target the Bureau of Alcohol, Tobacco and Firearms (BATF), some of whose agents in Oklahoma City participated in the Davidian siege. Rather, they say, McVeigh wanted to target as many government agencies as possible in one strike. McVeigh talked about the significance of the date of the bombing, April 19; not only was it the date of the Davidian tragedy, but it was the anniversary of the battles of Lexington and Concord, where in 1775 the first shots of the American Revolution were fired. The sources provide few details of the bombing plot, and it is unclear if McVeigh divulged any such details. The sources say McVeigh did not speak much of 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, 3:15 p.m. and After, April 21-22, 1995, and May 11, 1995), nor did he speak of others who might have been involved in the plot. They say that McVeigh did mention his acquaintance Steven Colbern (see May 12, 1995), and said that Colbern was not involved in the plotting. The sources say that while McVeigh carefully plotted the bombing itself, the escape he planned was less well thought out (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). He forgot to transfer the license plate from a Pontiac he traded (see January 1 - January 8, 1995) onto his getaway car, a Mercury Marquis (see April 13, 1995); the failure to transfer the plate caused him to be pulled over by a highway patrol officer. McVeigh told the sources he had no money with him and no back-up person to help him if he was detained. “I don’t know how to explain that gap in his planning or his organization,” one of the sources says. “The primary objective was obviously the building itself.” One of the sources adds: “He’s very anxious, obviously, because of the position he’s in. He’s anxious to see what the next step is in the process and when this will be resolved.” (Belluck 5/16/1995)

An Army friend of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, After May 6, 1995, and May 16, 1995), Michael Fortier, tells federal authorities that he and McVeigh inspected the Murrah Federal Building in Oklahoma City as a potential bombing target in the days before the blast (see December 16, 1994 and After). Fortier knew McVeigh from their time together at Fort Riley, Kansas (see March 24, 1988 - Late 1990), and says he knew of McVeigh’s plans for the bombing while the two lived in Kingman, Arizona (see May-September 1993, February - July 1994, August 1994, September 13, 1994 and After, September 13, 1994, October 4 - Late October, 1994, October 21 or 22, 1994, and February 17, 1995 and After). Fortier and his wife Lori decided to stop lying about their involvement with McVeigh and the bomb plot (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995) and tell the truth after receiving subpoenas for their testimony before a grand jury investigating the bombing; instead of testifying under oath, Fortier opens a discussion with prosecutors about a settlement, and gives his statements about McVeigh in an initial offer of the evidence he says he can provide. They also ask the authorities about retaining a lawyer. Michael Fortier admits that a statement he signed in Kingman, Arizona, is mostly false. Fortier and his wife testify for hours about their involvement with McVeigh and their complicity in the bomb plot. Fortier is negotiating with federal prosecutors for a plea deal, and for immunity for his wife, in return for his cooperation in their prosecution of McVeigh and co-conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995, April 24, 1995, and May 11, 1995). Fortier says he and McVeigh drove from Arizona to the Murrah Federal Building about a week before the bombing in an apparent effort to “case” the building. Fortier denies he had any direct role in the blast, but authorities have been very interested in him since the day of the bombing. Authorities have searched his trailer in Kingman and questioned him thoroughly, though officials say they have no basis to charge him with any direct involvement in the bombing. Fortier may still be charged as an accessory to the bombing, or on other related charges. It is doubtful, people involved in the case say, that the government would give Fortier full immunity from prosecution. Fortier is the first person to directly implicate McVeigh in the bombing; until now, investigators have only a large amount of circumstantial evidence tying McVeigh to the blast. Nichols has denied any direct knowledge of the bombing, and currently is not cooperating with investigators. Some investigators believe that Fortier may be the elusive “John Doe No. 2” (see April 20, 1995), who is considered either a co-conspirator or a material witness with knowledge of the plot, though Fortier does not clearly match the description of the suspect. (Johnston 5/19/1995; Serrano 1998, pp. 244-245)

The lawyer for accused Oklahoma City co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) asks Federal Judge David L. Russell to release his client without bail. Defense lawyer Michael Tigar calls the government’s evidence against Nichols “lamentably thin,” and says Nichols’s actions, particularly in connection with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), were innocent and typical of a “peaceable, law-abiding person.” Tigar, along with co-counsel Ronald G. Woods, is apparently following a strategy of attempting to distance Nichols from McVeigh, claiming that Nichols and McVeigh had a “falling out” in February 1995 over plans to work gun shows and swap meets together. According to court papers filed by Tigar, Nichols had printed up his own business cards and other material for a new business trading in military equipment that had no place for McVeigh. Tigar also assails the government’s investigation, accusing FBI investigators of withholding evidence from the defense, of holding Nichols’s wife Marife (see July - December 1990) “virtually incommunicado and without counsel” for “33 days of continuous interrogation,” and of refusing to interview witnesses with information favorable to Nichols. According to Tigar’s timeline of events, Nichols, knowing little to nothing of a specific bomb plot (see Late 1992-Early 1993 and Late 1994, April 19, 1993 and After, October 12, 1993 - January 1994, September 13, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, March 1995, April 13, 1995, and April 15-16, 1995), met with McVeigh on April 16 in Oklahoma City and drove him to Junction City, Kansas (see April 16-17, 1995). Prosecutors have stated that the day before, McVeigh told Nichols that “something big is going to happen,” impelling Nichols to ask if McVeigh planned on robbing a bank (see April 15, 1995). In Tigar’s timeline, this exchange never happened. Instead, Tigar’s timeline recounts a lengthy story of McVeigh calling Nichols on April 16 complaining of car trouble; McVeigh, Tigar claims, had a television set with him that belonged to Nichols’s ex-wife Lana Padilla that Nichols wanted for his home in Herington, Kansas (see (February 20, 1995)). Nichols drove to Oklahoma City to get the television set. Tigar says that the Nichols family used the television set to watch a videotape of The Lion King and two other movies on April 17. In the days before the bombing, Tigar says Nichols took his family to a restaurant, picked up new business cards and labels, and, on the day of the bombing, visited a local hardware store and a military surplus dealer to discuss selling or trading Army tools, possibly for roofing shingles, and worked around his house. Tigar says Marife Nichols has confirmed this version of events. Tigar also says that prosecution allegations that Nichols used his pickup truck on April 18 to help McVeigh load fertilizer into the rented Ryder truck McVeigh used for the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) are false, and instead Nichols had loaned McVeigh his truck, and not accompanied McVeigh to the loading site at Geary Lake in Kansas. Tigar also says that a fuel meter owned by Nichols and believed by the prosecution to have been used to measure the bomb ingredients was broken the entire time Nichols owned it. (Belluck 5/19/1995; Kifner 5/25/1995) Later press reports will show that Tigar’s information about the supposed “falling out” between McVeigh and Nichols comes from Padilla. According to Padilla: “He said, ‘Tim and I are going to go our separate ways and I am going to the shows myself.’ That surprised me. They were going to go their own ways and it was because Terry was going to buy his own house and have his wife and baby come out. I don’t think that Tim could stand that. Terry also said that Tim didn’t like kids.” (Kifner 8/6/1995) The prosecution counters with a request to hold Nichols without bail, citing evidence seized from Nichols’s home that implicates him in the bombing conspiracy (see 3:15 p.m. and After, April 21-22, 1995), and a series of letters he wrote to the IRS and other federal agencies repudiating his citizenship and asking to be exempted from paying federal taxes (see April 2, 1992 and After). Prosecutors say the letters demonstrate Nichols’s repudiation of “roots to this country and its sovereign states” and that he therefore should be denied bail. “Nichols poses a danger to the community and an unreasonable risk of flight against which no conditions of release could adequately guard,” the prosecutors argue. Russell denies Nichols bail and orders him to remain in custody. Tigar says he will appeal the ruling. Russell also orders that Nichols be allowed to sleep without lights beaming into his cell 24 hours a day, and that prison officials not allow any more mental health professionals to interview Nichols without the court’s approval. Tigar has called a visit by a previous counselor “unwanted” and intrusive. (Johnston 6/2/1995; Kilborn 6/3/1995)

The CIA begins a program to track Islamist militants in Europe. The program is operated by local stations in Europe and CIA manager Michael Scheuer, who will go on to found the agency’s bin Laden unit in early 1996 (see February 1996). The program is primarily focused on militants who oppose the Egyptian government. It traces the support network that supplies money and recruits to them and that organizes their propaganda. US Ambassador to Egypt Edward Walker will later say that the operation involves intercepting telephone calls and opening mail. Suspects are identified in Egypt and in European cities such as Milan (see 1993 and After), Oslo, and London (see (Late 1995)). (Grey 2007, pp. 125) The intelligence gathered as a part of this operation will be used for the CIA’s nascent rendition program (see Summer 1995).

The CIA proposes a policy of abducting Islamic Jihad militants and sending them to Egypt which will soon be approved by President Bill Clinton (see June 21, 1995). The Clinton administration began a policy of allowing abductions, known as “renditions,” in 1993 (see 1993). At first, renditions were rarely used because few countries wanted the suspects. Michael Scheuer, head of the CIA’s bin Laden unit, is one of the architects of a 1995 agreement with Egypt to send rendered militants there. He will later recall: “It was begun in desperation.… We were turning into voyeurs. We knew where these people were, but we couldn’t capture them because we had nowhere to take them,” due to legal and diplomatic complications. The CIA realized that “we had to come up with a third party.” Egypt was the obvious choice because the Islamic Jihad is the prime political enemy of the Egyptian government, and many Islamic Jihad militants also work for al-Qaeda, an enemy of the US.
Turning a Blind Eye - However, the Egyptian secret police force, the Mukhabarat, is notorious for its torture of prisoners. As part of the program, the US helps track, capture, and transport suspects to Egypt (see Before Summer 1995) and then turns a blind eye while the Egyptians torture them. Scheuer claims the US could give the Egyptian interrogators questions they wanted put to the detainees in the morning and get answers by the evening. Because torture is illegal in the US, US officials are never present when the torture is done. Further, the CIA only abducts suspects who have already been convicted in absentia. Talaat Fouad Qassem is the first known person the CIA renders to Egypt (see September 13, 1995). But the number of renditions greatly increases in 1998, when the CIA gets a list of Islamic Jihad operatives around the world (see Late August 1998). These renditions result in a big trial in Egypt in 1999 that effectively destroys Islamic Jihad as a major force in that country (see 1999). (Mayer 2/8/2005)
CIA, NSC, Justice Department Lawyers Consulted - Scheuer will say that lawyers inside and outside the CIA are intensively consulted about the program: “There is a large legal department within the Central Intelligence Agency, and there is a section of the Department of Justice that is involved in legal interpretations for intelligence work, and there is a team of lawyers at the National Security Council, and on all of these things those lawyers are involved in one way or another and have signed off on the procedure. The idea that somehow this is a rogue operation that someone has dreamed up is just absurd.” (Grey 2007, pp. 140-141)
Leadership of Program - The rendition program does not focus solely on al-Qaeda-linked extremists, and other suspected terrorists are also abducted. Scheuer will later tell Congress, “I authored it and then ran and managed it against al-Qaeda leaders and other Sunni Islamists from August 1995, until June 1999.” (US Congress 4/17/2007 pdf file) A dedicated Renditions Branch will be established at CIA headquarters in 1997 (see 1997), but the relationship between Scheuer and its manager is not known—it is unclear whether this manager is a subordinate, superior, or equal of Scheuer, or whether Scheuer takes on this responsibility as well. After Scheuer is fired as unit chief in May 1999 (see June 1999), his role in the rendition program will presumably be passed on to his successor, Richard Blee, who will go on to be involved in rendition after 9/11 (see Shortly After December 19, 2001). In a piece apparently about Blee, journalist Ken Silverstein will say that he “oversaw… the [Counterterrorist Center] branch that directed renditions.” (Silverstein 1/28/2007)

President Bill Clinton signs Presidential Decision Directive 39 (PDD-39) approving a rendition program recently proposed by the CIA (see Summer 1995). This program is the development of an earlier idea also approved by Clinton (see 1993) and comes two months after the bombing of a government building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The rendition program as approved by Clinton explicitly covers renditions of fugitives to the US to face trial: “When terrorists wanted for violation of US law are at large overseas, their return for prosecution shall be a matter of the highest priority and shall be a continuing central issue in bilateral relations with any state that harbors or assists them.” The directive does not require the foreign government’s consent: “Return of suspects by force may be effected without the cooperation of the host government.”
Third Countries - The 9/11 Commission will later point out that this directive also expressly approves transferring suspects to other countries: “If extradition procedures were unavailable or put aside, the United States could seek the local country’s assistance in a rendition, secretly putting the fugitive in a plane back to America or some third country for trial.”
Implications - In 2007, journalist Stephen Grey will comment on the policy’s implications: “In essence, the US government chose to outsource its handling of terrorists because neither Clinton nor his Republican opponents were prepared to establish a proper legal framework for the US to capture, interrogate, and imprison terrorists itself; nor to take the more direct military or diplomatic action required to eliminate the leadership of al-Qaeda in Afghanistan; nor to confront countries like Saudi Arabia or Pakistan whose policies helped encourage the growth of terrorism; nor to strengthen adequately the CIA’s own key capabilities.” (Grey 2007, pp. 121, 123)

Accused Oklahoma City bombing 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 8:35 a.m. - 9:02 a.m. April 19, 1995) tells a legal researcher that he does not know the man identified only as “John Doe No. 2” (see April 20, 1995 and June 14, 1995) who is suspected of being involved in the bombing, says he is not sure that accused bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995) was involved in the bombing, and denies any personal involvement in the bombing or the conspiracy. He also denies being as close to McVeigh as media reports and prosecutors have asserted (see March 24, 1988 - Late 1990, November 1991 - Summer 1992, April 19, 1993 and After, October 12, 1993 - January 1994, November 22, 1993, (September 30, 1994), September 13, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, (February 20, 1995), March 1995, March 17, 1995, April 13, 1995, April 15-16, 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Nichols speaks to anti-government legal researcher and lecturer Karl Granse, the leader of the anti-government legal group Citizens For a Tax-Free Republic. Granse later tells a reporter that Nichols says if he were not in jail, he would be looking for “John Doe No. 2” himself. He also says he is angered that FBI investigators attempted to question his 12-year-old son (see May 9, 1995), and refused to allow him to speak to his wife, Marife, for a month after the bombing. Nichols initiated the conversation, telephoning Granse from prison, and asked for legal advice. Granse is a self-taught legal researcher and holds no legal degree. It is the first time that Nichols has spoken to an outsider about his relationship with McVeigh. Granse says he knows Nichols’s brother James (see May 22, 1995) from a lecture James Nichols attended in December 1994; investigators have found audiotapes of Granse’s lectures in James Nichols’s belongings. Granse says he has been questioned by FBI investigators regarding his relationship with the Nichols family and denies any but the most casual knowledge of the family. He says he has never met McVeigh and does not know the identity of “John Doe No. 2.” Granse says he has no intention of joining Nichols’s legal team. He has produced a video about the bombing that suggests the US government actually carried it out. (Johnston 6/24/1995)

The US intelligence community releases a National Intelligence Estimate (NIE) entitled “The Foreign Terrorist Threat in the United States.” Partly prompted by the World Trade Center bombing two years earlier (see February 26, 1993), it warns that radical Islamists have an enhanced ability “to operate in the United States” and that the danger of them attacking in the US will only increase over time. (Tenet 2007, pp. 104; Shenon 2008, pp. 314) It concludes that the most likely terrorist threat will come from emerging “transient” terrorist groupings that are more fluid and multinational than older organizations and state-sponsored surrogates. This “new terrorist phenomenon” is made up of loose affiliations of Islamist extremists violently angry at the US. Lacking strong organization, they get weapons, money, and support from an assortment of governments, factions, and individual benefactors. (9/11 Commission 4/14/2004) The estimate warns that terrorists are intent on striking specific targets inside the US, especially landmark buildings in Washington and New York such as the White House, the Capitol, Wall Street, and the WTC. (Shenon 2008, pp. 314) It says: “Should terrorists launch new attacks, we believe their preferred targets will be US government facilities and national symbols, financial and transportation infrastructure nodes, or public gathering places. Civil aviation remains a particularly attractive target in light of the fear and publicity that the downing of an airline would evoke and the revelations last summer of the US air transport sector’s vulnerabilities.” Osama bin Laden is not mentioned by name, but he will be in the next NIE, released in 1997 (see 1997; see also October 1989). (Solomon 4/16/2004; 9/11 Commission 8/26/2004, pp. 54)

Mousa Abu Marzouk.Mousa Abu Marzouk. [Source: US Department of Corrections]On July 5, 1995, high-level Hamas leader Mousa Abu Marzouk is detained at a New York City airport as he tries to enter the US. An immigration agent checks Marzouk’s name against a watch list and finds a match. Marzouk’s name had apparently been added to the watch list in recent months, so he had not been stopped on previous trips. Although not a US citizen, he had been living in the US for 14 years. Israel considers him the head of Hamas’ political wing, and he is already under indictment in Israel for at least ten attacks that killed at least 47 people. In 1994 he appeared on Lebanese television to take credit for a Hamas suicide attack in Israel, saying, “Death is a goal to every Muslim.” When he is detained in New York, he is found with an address book that the FBI says contains the names, telephone numbers, and addresses of numerous “active and violent terrorists and terrorist organizations.” More than 20 percent of the addresses are in the US. He is also carrying paperwork connecting him to charities and companies worth more than $10 million, which the FBI suspect are part of a Hamas money laundering operation in the US. On August 16, 1995, the US declares him a “Specially Designated Terrorist.” (Greenhouse 7/28/1995; Emerson 2002, pp. 86-87; Federal News Service 6/2/2003; Simpson 6/21/2004) In August 1995, the US announces it will extradite Marzouk to Israel rather than try him in the US. Extradition hearings proceed slowly until 1997, when Marzouk announces he will no longer fight being deported to Israel. Then Israel makes the surprise announcement that it is no longer seeking Marzouk’s extradition. They cite a fear of a highly publicized trial and the fear of retaliatory terrorist attacks. In May 1997, the US deports Marzouk to Jordan, “ending what had become an embarrassing case for both the United States and Israel.” Jordan in turn deports him to Syria, where he will live and continue to work as a top Hamas leader. At the time of his deportation, it is claimed that one reason Marzouk is being deported is because the evidence against him is weak. (Schmemann 4/4/1997; Macfarquhar 5/6/1997; Emerson 2002, pp. 87-89) However, FBI agent Robert Wright will later claim that he uncovered more than enough evidence to convict Marzouk, but that higher-ups in the FBI did not want to disrupt the Hamas support network in the US, apparently in hopes that Hamas would commit enough violent attacks to disrupt peace negotiations between Israel and more moderate Palestinians (see June 2, 2003).

A Syrian suspected of involvement in the al-Qaeda Bojinka plot is granted asylum in Australia even though the Australian government is aware of some of his apparent terrorism ties. Ahmad al-Hamwi, a.k.a. Omar Abu Omar, was head of the International Relations and Information Center (IRIC) from 1993 to 1995, a charity front closely tied to the failed Bojinka plot (see January 6, 1995). In 1995, Philippine investigators determined that most of the funding for the plot went through a bank account controlled by al-Hamwi. (Abuza 3/7/2003 pdf file) At the same time, he was roommates with Mohammed Jamal Khalifa, bin Laden’s brother-in-law, and married the sister of one of Khalifa’s Philippine wives. He worked closely with Khalifa in the IRIC until Khalifa was forced to leave the country in late 1994 (see December 1, 1994). (O'Brien and Kearney 4/8/2006) Shortly after the Bojinka plot is foiled by Philippines authorities in early 1995, the IRIC is shut down and al-Hamwi is brought in for questioning. However, he is let go and travels to Australia in July 1995 then immediately applies for asylum there. The Australian asylum review board is aware of the following things:
bullet He was interrogated by Philippines intelligence and questioned about his ties to WTC bomber Ramzi Yousef and the Bojinka plot to kill the Pope.
bullet He tells the review board that he was interrogated by a senior officer with direct ties to the Philippine president
bullet He came into Australia using a fake Dutch passport and has two fake Syrian passports.
bullet He has ties to Khalifa, who had been convicted of funding a bombing in Jordan.
bullet He is a longtime member of the militant group the Muslim Brotherhood.
But incredibly, in June 1996 he is granted him asylum on the grounds that he could be persecuted in Syria due to his ties to the Brotherhood. (Refugee Review Tribunal 6/26/1996; O'Brien and Kearney 4/8/2006) In 2006, it will be reported that he is still living openly in Australia. Further, Philippines intelligence alleges that he came to the Philippines after having been banned from Turkey for his suspected involvement in a 1986 bombing there. It is not clear how the Australian government missed information like this, or if they just ignored it. (O'Brien and Kearney 4/8/2006) In the wake of these 2006 reports, the Australian government will claim to be investigating his status. Yet there have been no reports that he has been arrested or had his residency revoked since then. (Kearney 4/10/2006; Age (Melbourne) 4/10/2006)

Attorney General Janet Reno, who signed the 1995 Procedures memo.Attorney General Janet Reno, who signed the 1995 Procedures memo. [Source: US Department of Justice]The Justice Department issues the “wall” memo, a later heavily criticized memo that establishes procedures to regulate the flow of information from FBI intelligence investigations to criminal investigators and prosecutors. Such procedures already exist, but this “wall” is now formalized and extended. The memo is signed by Attorney General Janet Reno, but is based on a similar one recently issued by Deputy Attorney General Jamie Gorelick governing the 1993 WTC bombing cases (see March 4, 1995). The wall exists to prevent defendants from successfully arguing in court that information gathered under a warrant issued under the Foreign Intelligence Surveillance Act (FISA) should not be used in a criminal prosecution, as the standard for obtaining a FISA warrant is considered to be lower than that for obtaining a criminal search warrant (see Early 1980s). Such arguments are usually unsuccessful, according to the Justice Department’s Office of Legal Counsel, which believes that courts are showing “great deference” to the government when such challenges are made. The procedures, which now apply to all intelligence investigations regardless of whether or not a FISA warrant has been issued, state that the FBI must consult the Justice Department’s Criminal Division, not local United States Attorneys’ offices, about intelligence investigations when it is considering starting a parallel criminal investigation, and that it must do so when there is reasonable indication of a significant federal crime. This means that FBI headquarters has veto power over whether a field office can contact a local prosecutor about an intelligence investigation. However, Criminal Division prosecutors should only be consulted and cannot control an investigation. (Office of the Attorney General 7/19/1995; US Department of Justice 11/2004, pp. 25-30 pdf file) These procedures will be implemented in such a way that even greater restrictions are placed on information sharing (see (Late 1995-1997)), although a partial exception will be created for the Southern District of New York, which handles a lot of terrorism work (see August 29, 1997). The procedures will also be much criticized for the way they are implemented in the FBI (see July 1999). The increased barriers to information sharing often mean that the FBI monitors terrorists as before, but the information does not get passed to criminal investigators, so the cells carry on operating in the US and the FBI carries on monitoring them. For example, the FBI monitors a Florida-based cell that funds and recruits for jihad throughout the world for nearly a decade before it is rolled up (see (October 1993-November 2001)). Some money raised by terrorism financiers in the US goes to Bosnia, where the US has a policy of enabling covert support for the Muslim side in the civil war (see April 27, 1994). Prosecutor Andrew McCarthy will later call the wall a “rudimentary blunder,” and say that it “was not only a deliberate and unnecessary impediment to information sharing; it bred a culture of intelligence dysfunction.” (McCarthy 4/13/2004) John Ashcroft, Attorney General in the Bush Administration (see April 13, 2004), will say that “Government buttressed this ‘wall’,” and will call it the “single greatest structural cause for September 11.” (9/11 Commission 4/13/2004)

Diplomats at the US embassy in Egypt are not informed of the CIA’s rendition program. At this time the program is primarily aimed at locating enemies of the Egyptian regime and bringing them back to Egypt, where they are tortured (see Summer 1995 and Before Summer 1995). The only exception to this is US ambassador to Egypt Edward Walker, who is read into the CIA program although he is actually a State Department employee. One of the diplomats’ jobs is to report on Egypt’s extremely poor human rights record, including its torture methods. Walker will later comment, “It wasn’t a question of mincing words… I think the human rights reports were correct.” He will add that there are Chinese walls at the embassy to keep the CIA program secret from the diplomats: “The walls were huge and they only come together at the ambassador level… [The diplomats working on human rights] might have been a little upset if they knew what was going on.” (Grey 2007, pp. 126)

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.” (Kifner 8/7/1995; Kifner 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].” (Kifner 8/7/1995; Thomas 8/8/1995; Kifner 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.” (Johnston 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)

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). (Kifner 8/7/1995; Thomas 8/9/1995; Thomas and Lardner 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). (Thomas 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). (Kifner 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. (Thomas and Lardner 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 (Johnston 6/21/1995; Kifner 8/7/1995) , a deal later confirmed by reporters. (Kifner 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).

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.” (Thomas and Lardner 8/11/1995; Kifner 8/11/1995; Stickney 1996, pp. 189-191; Mickolus and Simmons 6/1997, pp. 811; Romano and Kenworthy 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. (Kifner 8/11/1995)

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.” (Thomas 8/29/1995)

Oil company Unocal signs an $8 billion deal with Turkmenistan to construct two pipelines (one for oil, one for gas), as part of a larger plan for two pipelines intended to transport oil and gas from Turkmenistan through Afghanistan and into Pakistan. Before proceeding further, however, Unocal needs to execute agreements with Pakistan and Afghanistan; Pakistan and Ahmed Shah Massoud’s government in Afghanistan, however, have already signed a pipeline deal with an Argentinean company. Henry Kissinger, hired as speaker for a special dinner in New York to announce the Turkmenistan pipeline deal, says the Unocal plan represents a “triumph of hope over experience.” Unocal will later open an office in Kabul, weeks after the Taliban capture of the capital in late 1996 and will interact with the Taliban, seeking support for its pipeline until at least December 1997. (Coll 2004, pp. 301-13, 329, 338, 364-66)

Lawyers for Terry Nichols, accused of conspiring with Timothy McVeigh to bomb a federal building in Oklahoma City (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), say that the government’s case against Nichols is built on a series of innocent coincidences, and accuse the FBI of unfairly pressuring Nichols’s family for information. Nichols’s lawyer Michael Tigar and others on the defense team meet with US Attorney Patrick Ryan and Justice Department officials to argue that the government should not seek the death penalty against their client (see July 11-13, 1995). After the closed-door meeting, Tigar tells reporters that the FBI improperly recorded over 20 conversations Nichols had, including telephone conversations with his wife and mother, after his arrest (see 3:15 p.m. and After, April 21-22, 1995). “We’ve already seen the results of the government’s search warrants, the many tape-recorded conversations that were surreptitiously recorded without his knowledge,” Tigar says. “In short, we’ve seen it all. And we didn’t see anything in there that says the government has evidence that Terry Nichols did this.” Nichols, Tigar says, is an innocent victim of circumstance.
'Reasonable' Explanations - Tigar says that Nichols has reasonable explanations for using false names to rent two storage units in Kansas in the months before the bombing. According to these explanations, Nichols left his job as a farm worker in Marion, Kansas, on September 30, 1994 (see (September 30, 1994)), and had nowhere to live. He needed somewhere to store his household goods until he could find another place to live. He stored some of his goods in a storage unit rented under the alias “Shawn Rivers”; though authorities say Nichols rented the storage unit under the alias, Nichols says that McVeigh rented the unit (see September 22, 1994; Nichols may have rented a separate unit for his goods). Nichols kept his furniture and other items in that locker until October, when he rented two units in Council Grove, Kansas, under the names “Joe Kyle” (see October 17, 1994) and “Ted Parker” (see November 7, 1994). Nichols, according to Tigar, used the false names because he had an outstanding civil judgment on his credit card debts and wanted to prevent seizure of his possessions. Tigar also has an alternate explanation for a letter Nichols left behind him when he traveled to the Philippines (see November 5, 1994 - Early January 1995): the letter, which was to be opened only in the case of Nichols’s death, instructed McVeigh to clean everything out of one unit and liquidate the other. But Nichols’s lawyers now say these instructions contained an additional phrase, not previously disclosed by the government: “or you will have to pay extra months rent.” Nichols, according to Tigar, wanted McVeigh to sell his goods and give the proceeds to his family if for some reason he did not return from the Philippines. Instead, Nichols removed the goods from the unit when he bought a house in Herington, Kansas, in early 1995 (see (February 20, 1995)). Tigar says that Nichols had grown disaffected with McVeigh, and the more he learned of McVeigh’s proclivity towards violence, the less he wanted to have dealings with him. Nichols wanted to go into business as a gun dealer for himself, Tigar says: He had business cards and mailing labels printed in his own name, rented a mailbox under his name, registered with the state of Kansas so he could collect sales tax, and bought a license plate and insurance for his truck (see May 25 - June 2, 1995). Everything found in Nichols’s home and garage, Tigar claims, was for use in Nichols’s business. The fuel meter found in Nichols’s home, described by investigators as a device that “could be used to obtain the proper volume of diesel fuel to ammonium nitrate for a bomb,” did not work, Tigar says, and could not have been used to mix bomb ingredients. The anti-tank rocket found in Nichols’s home was, Tigar claims, an empty throw-away tube that such a rocket is packed in. The bags of fertilizer in the house were to be divided for resale in 8- and 24-ounce bottles at gun shows. The diesel fuel he bought in the days before the bombing (see April 15-16, 1995) was to fuel the diesel pickup truck he used to drive to Oklahoma City and pick up McVeigh (see April 16-17, 1995). The plastic barrels found on Nichols’s property are often used for storage and are thusly unremarkable. (Thomas 9/7/1995; PBS Frontline 1/22/1996)
Unreasonable Pressure - Tigar says that the pressure brought to bear on Nichols’s family members was improper and unreasonable. “To lie to Terry Nichols’s mother and say he’s not cooperating, and then to take her to the FBI office and record her as she talks to her son, I think is an outrage,” Tigar says. “To hold his wife for 34 days incommunicado and to tell her that the only way out for her husband is if she calls him up and reads to him a script written by FBI agents, I think is an outrage. Then to send his wife a Mother’s Day card signed by FBI agents saying they’re her only friends in the world and saying she should call the Kansas City field office if she ever needs to cry. What in the world are we coming to here?” The FBI also sent a Mother’s Day card to Nichols’s mother, Joyce Wilt of Lapeer, Michigan. Tigar gives reporters a copy of that card, which reads: “Please don’t believe that the government workers are the bad guys no matter what anyone tells you. We are here to help you. We are all here for you. If you are ever lonely, if you ever want to talk. If you ever want to cry, just call us. You are very special to us. You are a young girl caught up in something you don’t deserve to be in. We’re on your side. Think only about yourself and your kids.” (Thomas 9/7/1995; Associated Press 7/2/2005)

Talaat Fouad Qassem, 38, a known leader of the Al-Gama’a al-Islamiyya (the Islamic Group), an Egyptian extremist organization, is arrested and detained in Croatia as he travels to Bosnia from Denmark, where he has been been living after being granted political asylum. He is suspected of clandestine support of terrorist operations, including the 1993 World Trade Center bombing (see February 26, 1993). He also allegedly led mujaheddin efforts in Bosnia since 1990 (see 1990). In a joint operation, he is arrested by Croatian intelligence agents and handed over to the CIA. Qassem is then interrogated by US officials aboard a US ship off the Croatian coast in the Adriatic Sea and sent to Egypt, which has a rendition agreement with the US (see Summer 1995). An Egyptian military tribunal has already sentenced him to death in absentia, and he is executed soon after he arrives. (Olsen 10/31/1995; Chandrasekaran and Finn 3/11/2002, pp. A01; Mahle 2005, pp. 204-205; Mayer 2/8/2005) According to the 1999 book Dollars for Terror, two weeks before his abduction, Qassem was in Switzerland negotiating against Muslim Brotherhood leaders. Some Muslim Brotherhood exiles were negotiating with the Egyptian government to be allowed to return to Egypt if they agreed not to use Muslim Brotherhood Swiss bank accounts to fund Egyptian militant groups like Al-Gama’a al-Islamiyya, but Qassem and other radicals oppose this deal. So the removal of Qassem helps the Muslim Brotherhood in their conflict with more militant groups. (Labeviere 1999, pp. 70-71)

The Washington Post prints the Unabomber’s “manifesto” in an eight-page supplement. It is a 35,000-word document manually typed on 56 single-spaced pages (not including 11 pages of footnotes), largely about the dangers and ills of technology. (BBC 11/12/1987; Thomas and Weiser 4/13/1996; Washington Post 1998; Newseum 2011) It is published in cooperation with the New York Times. According to the Post, the document rails against modern society and technology, and explains something of the bomber’s rationale for his 17-year bombing spree. “In order to get our message before the public with some chance of making a lasting impression, we’ve had to kill people,” the author writes. He also admits to killing advertising executive Thomas Mosser (see December 10, 1994), and blames the firm Mosser worked for, Burson-Marstellar, for working with Exxon to minimize the public criticism the corporation received after the Exxon Valdez spill: “We blew up Thomas Mosser last December because he was a Burston-Marsteller executive,” the letter reads. The author represents himself as one of a group of anarchists he calls “FC,” and also misspells the name of the firm. (Thomas and Weiser 4/13/1996) “FC” will later be found to stand for “Freedom Club.” (Booth 1/23/1998)
Publish Manifesto or Suffer More Bombings, Unabomber Writes - The Post is following the directive made months before to the New York Times that the bomber, or the group he claims to represent, will stop his bombing spree if a national publication prints his article (see April 24, 1995). The manifesto will lead to the identification of the Unabomber as former college professor Theodore “Ted” Kaczynski (see April 3, 1996). Kaczynski’s sister-in-law Linda Patrik reads the manifesto in the International Herald Tribune and tells her husband David Kaczynski that she believes the manifesto could have been written by his brother. David Kaczynski reads the manifesto and agrees; he will, reluctantly, inform the FBI that it should consider his brother a suspect. (KSPR-TV 2011)
Manifesto: Industry and Technology Must Be Destroyed to Save Humanity - Kaczynski’s manuscript is entitled “Industrial Society and Its Future.” (Throughout the manuscript, Kaczynski maintains the fiction that a group of people—“we”—are responsible for the document.) He calls industry and technology “a disaster for the human race,” claiming that they have “destabilized society… made life unfulfilling… subjected human beings to indignities… led to widespread psychological suffering (in the Third World to physical suffering as well) and… inflicted severe damage on the natural world.” The only way to save humanity, he writes, is for industry and technology to “break down.” He advocates “a revolution against the industrial system,” which “may or may not make use of violence.” He says he does not advocate a political revolution, and does not advocate the overthrow of governments, but instead “the economic and technological basis of the present society.”
'Leftists' 'Hate America,' 'Western Civilization,' and 'White Males' - Kaczynski bemoans the “feelings of inferiority” and “oversocialization” he attributes to the people he calls “leftists,” and says the “minority” of left-leaning “activists” and “feminists… hate anything that has an image of being strong, good, and successful. They hate America, they hate Western civilization, they hate white males, they hate rationality. The reasons that leftists give for hating the West, etc. clearly do not correspond with their real motives. They SAY they hate the West because it is warlike, imperialistic, sexist, ethnocentric, and so forth, but where these same faults appear in socialist countries or in primitive cultures, the leftist finds excuses for them, or at best he GRUDGINGLY admits that they exist; whereas he ENTHUSIASTICALLY points out (and often greatly exaggerates) these faults where they appear in Western civilization. Thus it is clear that these faults are not the leftist’s real motive for hating America and the West. He hates America and the West because they are strong and successful.… The leftist is anti-individualistic, pro-collectivist. He wants society to solve everyone’s problems for them, satisfy everyone’s needs for them, take care of them. He is not the sort of person who has an inner sense of confidence in his ability to solve his own problems and satisfy his own needs. The leftist is antagonistic to the concept of competition because, deep inside, he feels like a loser.” “Leftists” prefer “sordid” art forms that celebrate either “defeat and despair” or debauchery and depravity, Kaczynski writes. Ultimately, they are masochistic and self-hating, he claims. They are ruled by moral relativism, and have no real ethical or moral stance, though they pretend to such. “If our society had no social problems at all,” Kaczynski writes, “the leftists would have to INVENT problems in order to provide themselves with an excuse for making a fuss.”
Conservatives 'Fools' for Embracing Technology as Well as 'Traditional Values' - Kaczynski says that industry and technology do not cause society’s problems, but they exacerbate and intensify those problems. In a technological society, people are forced to live in ways nature and evolution never intended. In this section, he turns from lambasting “leftists” to calling conservatives “fools,” writing: “They whine about the decay of traditional values, yet they enthusiastically support technological progress and economic growth. Apparently it never occurs to them that you can’t make rapid, drastic changes in the technology and the economy of a society without causing rapid changes in all other aspects of the society as well, and that such rapid changes inevitably break down traditional values.”
Revolution 'Easier than Reform' - After a long analysis of a variety of social ills and behaviors, Kaczynski writes that modern industrial/technological society as we know it cannot be reformed, only destroyed and rebuilt. It is specious, he maintains, to believe that “bad” parts of technology can be eliminated while retaining the “good” parts. Moreover, he claims, technology is a more powerful social force than humanity’s aspirations for freedom. “The only way out,” he concludes, “is to dispense with the industrial-technological system altogether. This implies revolution, not necessarily an armed uprising, but certainly a radical and fundamental change in the nature of society.” Leftists, he writes, must not be part of any such revolution, because of their tendencies towards collectivization and totalitarianism, their love of technology, and their lust for power. Only anarchists, who desire to exist on an individual or small-group basis, can effectively carry out this level of social change. (Kaczynski 1995)

Melissa Boyle Mahle.Melissa Boyle Mahle. [Source: Publicity photo]According to a later account by CIA agent Melissa Boyle Mahle, “a tidbit received late in the year revealed the location” Khalid Shaikh Mohammed (KSM) in Qatar (see 1992-1996). (Mahle 2005, pp. 247-248) This presumably is information the FBI learned in Sudan that KSM was traveling to Qatar (see Shortly Before October 1995). However, US intelligence should also have been aware that KSM’s nephew Ramzi Yousef attempted to call him in Qatar in February 1995 while Yousef was in US custody (see After February 7, 1995-January 1996). Mahle is assigned to verify KSM’s identity. She claims that at the time the CIA is aware of KSM’s involvement in the Bojinka plot in the Philippines (see January 6, 1995) and in the 1993 WTC bombing (see February 26, 1993) She is able to match his fingerprints with a set of fingerprints the CIA already has in their files. (Mahle 3/31/2005) By October 1995, the FBI tracks KSM to a certain apartment building in Qatar. Then, using high-technology surveillance, his presence in the building is confirmed. (Miniter 2003, pp. 85-86) Mahle argues that KSM should be rendered out of the country in secret. The US began rendering terrorist suspects in 1993 (see 1993), and a prominent Egyptian extremist is rendered by the CIA in September 1995 (see September 13, 1995). She argues her case to CIA headquarters and to the highest reaches of the NSA, but is overruled. (Mahle 3/31/2005) Instead, the decision is made to wait until KSM can be indicted in a US court and ask Qatar to extradite him to the US. Despite the surveillance on KSM, he apparently is able to leave Qatar and travel to Brazil with bin Laden and then back to Qatar at the end of 1995 (see December 1995). KSM will be indicted in early 1996, but he will escape from Qatar a few months later (see January-May 1996).

A suicide bombing destroys the police station in the town of Rijeka, Croatia, wounding 29 people. The Egyptian militant group Al-Gama’a al-Islamiyya takes credit for the bombing, saying it is revenge for the abduction of Al-Gama’a al-Islamiyya leader Talaat Fouad Qassem in Croatia the month before (see September 13, 1995). The Croatians will later determine that the mastermind, Hassan al-Sharif Mahmud Saad, and the suicide bomber were both tied to Al-Gama’a al-Islamiyya. They also were tied to the Islamic Cultural Institute in Milan, Italy, which in turn has ties to many militant attacks, some committed Ramzi Yousef (see 1995-1997). CIA soon discovers that the suicide bomber also worked for the Third World Refugee Center charity front (see January 1996). (Kohlmann 2004, pp. 153-155) In 1999, the FBI’s Bojinka investigation will notice that Khalid Shaikh Mohammed (KSM) was believed to be in neighboring Bosnia at the time and that the timing device of the bomb (a modified Casio watch) closely resembled those used by KSM and his nephew Yousef in the Bojinka plot (see January 6, 1995). Presumably, this would have increased the importance of catching KSM. (9/11 Commission 7/24/2004, pp. 489)

Following the issuance of the “wall” memo, which established procedures to regulate the flow of information from intelligence investigations by the FBI to local criminal prosecutors (see July 19, 1995), an additional information sharing “wall” is erected inside the FBI. After 9/11, the Justice Department’s Office of Inspector General will find, “Although it is unclear exactly when this ‘wall’ within the FBI began, [it was] sometime between 1995 and 1997.” This additional wall segregates FBI intelligence investigations from FBI criminal investigations and restricts the flow of information from agents on intelligence investigations to agents on criminal investigations, because of problems that may occur if the flow is not regulated (see Early 1980s). If an intelligence agent wants to “pass information over the wall” to a criminal agent, he should get approval from one of his superiors, either locally or at FBI headquarters. A description of wall procedures comes to be commonplace in all warrant requests filed under the Foreign Intelligence Surveillance Act (FISA). (US Department of Justice 11/2004, pp. 30-32 pdf file) However, FBI agents often ignore these restrictions and over a hundred cases where information is shared without permission between intelligence and criminal FBI agents will later be uncovered (see Summer-October 2000 and March 2001).

Egyptian diplomat Alaa al-Din Nazmi is shot and killed as he is returning to his house in Geneva, Switzerland. While he is officially said to be negotiating with the World Trade Organization on economic matters, the Independent will later report, “Political sources suggested that Nazmi was working under diplomatic cover, and that his real job was to track down members of Egyptian Islamist armed groups in Europe who have sworn to overthrow President Hosni Mubarak’s regime. Nazmi’s murderers [say] as much two days later,” when they take credit for the killing, using an alias for Islamic Jihad. (Fisk 12/6/1995) Swiss authorities seem uninterested in vigorously pursuing political connections to the murder, which is never solved. However, it will later be reported, “According to various sources close to the investigation, the Egyptian diplomat had been handling several sensitive files relating precisely to the financial resources of the Muslim Brotherhood, of which $200 to $500 was managed by various financial organizations” in Switzerland. The diplomat had played a major part in an attempt to recover these funds. He was focusing on the Al Taqwa Bank on the Swiss-Italian border, known to be a major bank for the Muslim Brotherhood. (Labeviere 1999, pp. 63-68) A few months earlier, Nazmi apparently had been in secret discussions with the Egyptian militant Talaat Fouad Qassem, who was then abducted by the CIA and executed in Egypt (see September 13, 1995). So Nazmi’s assassination is seen as revenge for the death of Qassem. (Labeviere 1999, pp. 70-71)

Rescue workers removing bodies from the Egyptian embassy in Islamabad.Rescue workers removing bodies from the Egyptian embassy in Islamabad. [Source: Canadian Broadcasting Corporation]The Islamic Jihad blows up the Egyptian Embassy in Islamabad, Pakistan. Two cars filled with explosives crash through the embassy gates, killing the bombers and sixteen others. Ayman al-Zawahiri will later write in a book, “The bomb left the embassy’s ruined building as an eloquent and clear message.” Islamic Jihad is already closely tied to al-Qaeda by this time. (Wright 9/9/2002) The Egyptian government had recently dispatched up to 100 government agents to London with the task of eliminating militants opposed to the Egyptian government. The Independent will later report, “Sources in Cairo said that several of the dead embassy officials were working under cover as diplomats to help the Pakistani authorities track down” militants. In the wake of the attack, plans to send more Egyptian government agents to Pakistan to hunt militants in that region are scuttled. (Fisk 12/6/1995) Some of the money for the bombing operation was apparently raised by al-Zawahiri on a fundraising trip to the US (see Late 1994 or 1995). One suspect, a Canadian citizen named Ahmed Said Khadr, will be arrested in Pakistan a short time after the bombings. He will soon be released at the request of the Canadian prime minister, but will later be revealed to be a founding member of al-Qaeda (see January 1996-September 10, 2001).

The cover of Conway and Siegelman’s book ‘Snapping.’The cover of Conway and Siegelman’s book ‘Snapping.’ [Source: aLibris (.com)]In their book Snapping: America’s Epidemic of Sudden Personality Change, authors Flo Conway and Jim Siegelman write of their recent interviews with several law enforcement officials who dealt with various aspects of the Branch Davidian siege (see 5:00 A.M. - 9:30 A.M. February 28, 1993), the final tragic assault (see April 19, 1993), and the aftermath.
Former Deputy Attorney General Admits FBI Unprepared for Dealing with 'Cult' Behaviors - Former Deputy Attorney General Philip Heymann took his post on April 19, 1993, the day of the assault on the Davidian compound, and managed the Justice Department (DOJ) review of the siege and assault (see October 8, 1993). Heymann acknowledges that the FBI went into the siege unprepared to deal with a “cult,” as many label that particular group of the Branch Davidian sect, an offshoot of the Seventh-day Adventists Church. “The FBI was trained to deal with terrorists,” Heymann tells the authors, “but it wasn’t trained to deal with a religious group with a messianic leader. There was no precedent of the FBI’s handling such a situation and there had been no planning for one.” Heymann says he conducted the DOJ review less to assign blame than to help improve federal authorities’ future responses to situations like the Davidian confrontation, and even less connected situations such as the 1993 World Trade Center bombing (see February 26, 1993). “I wanted to see that we were organized in such a way that, if this situation came up again in any form, including an extreme Islamic fundamentalist group, we could understand how to think about them, how to talk to them, when to put pressure on and when not to put pressure on, all the things that go into negotiations,” Heymann says. He acknowledges that many DOJ and FBI officials are uncomfortable with the idea of cults and with the tactical changes dealing with such groups requires. “I hesitated to use any of those terms,” he says. “We tried to avoid labeling the group as a ‘cult’ suggesting crazies. There was a purposeful attempt to not give the group one label or another. The general understanding was that we were dealing with a, you know, a group that had passionate beliefs, that was extremely suspicious of the government.… We wanted to avoid having to dispute the people who, on the one side, treat groups like this as just another fundamentalist religion and, on the other, regard them as a dangerous form of mind control. I did not want to come down on one side or the other of that debate.” Conway and Siegelman believe that the FBI’s reluctance to deal with the “cult” aspect of the Davidians helped bring about the deaths of the Davidians on the final day of the siege. Heymann admits that many in the FBI and DOJ ignored or downplayed warnings that as a cult, the Davidians were prone to take unreasonable actions, such as hopeless confrontations with authorities and even 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 that some officials denied ever receiving those warnings after the final conflagration. “I think you have to assume that any organization after a result like this is going to try to play down their responsibility, but we ought to have picked that up in our report and I’m disappointed if we weren’t skeptical enough,” he says. He concludes: “I think we’re going to be prepared to confront any obvious illegality done in the name of religion. If someone commits a serious crime, like killing government agents, there’s no doubt that the government will be prepared to use force to make an arrest. But if they haven’t, if it’s a question of whether people have been brainwashed, I think you’ll continue to see the same history we’ve had for the last 20 or 30 years. We don’t really have any way of deciding whether brainwashing is holding someone against one’s will or not, or what to do about it.”
DOJ Assistant - Richard Scruggs, an assistant to the attorney general, worked with Heymann on the DOJ review, assembling the timeline of events of the siege. He recalls: “The AG [Attorney General Janet Reno] started here two weeks into the siege. I arrived two weeks later and, by that time, planning was already well underway to get the people out of the compound. After the fire, I was called in to try to figure out what the hell had happened. We did a thousand interviews. We got every piece of the story from everyone’s perspective.” He discusses the array of evidence and opinions the DOJ received concerning the reaction the Davidians were likely to have to the increasingly harsh and aggressive tactics mounted by the FBI during the siege. “The whole issue of suicide and the psychological makeup of Koresh and his followers was obviously something we looked into,” Scruggs says. “The bureau [FBI] sought dozens of expert opinions and many more were offered. There were literally hundreds of people calling in with advice, not just people off the street but people from recognized institutes and universities. The result was that FBI commanders, both in Waco and in Washington, had so many opinions, ranging from ‘they’ll commit suicide as soon as you make any move at all’ to ‘they’ll never commit suicide,’ that it really allowed them to pick whichever experts confirmed their own point of view. The experts FBI officials judged to be the most accurate were those who said suicide was unlikely, which turned out to be wrong.” Scruggs acknowledges that Reno was not given examples of all the opinions expressed, saying, “She only got the no-suicide opinion.” He insists that Reno was aware of the possibility of suicide, and offers two possible explanations as to why the FBI officials only gave her selected and slanted information (see April 17-18, 1993). “My first impression was that someone made a conscious decision to keep this information away from the AG,” he says. “It certainly looked that way. On the other hand, sometimes these things just happen, one decision leads to another, and nobody really thinks things through. I think the people who were putting together the material truly believed there was a low chance of suicide and then simply picked the materials that confirmed what they wanted to believe.” Scruggs acknowledges that DOJ and FBI officials ignored the warnings given by two FBI “profilers,” Peter Smerick and Mark Young (see March 3-4, 1993, March 7-8, 1993, and March 9, 1993). “Oh yes, absolutely,” he says. “Smerick and Young got wiped out by the on-site commander, who wanted a combination of negotiation and increasing pressure on the compound, the so-called ‘carrot-and-stick’ approach.” Scruggs, unlike Heymann and other government officials, says that the FBI “believes strongly in mind control, believe me.… There was a great debate going on in the bureau whether Koresh was a con man or whether he really thought he was some kind of messiah, but whichever he was there was no doubt that he was effectively controlling the rest of the people. Everybody assumed that.… Everybody believed he did it through some kind of brainwashing or mind control. We scrubbed the report of words like that, but the bureau used them. They fully understood that.” The mistake that was made during the siege was in believing that the increasingly aggressive “psywar” tactics used during the siege, even during the initial hours of the assault itself, was that “by making it very uncomfortable, they could overcome the control Koresh exercised over the rest and get out a large number of the women and children. They even used the phrase ‘the motherhood instinct.’”
Alternatives Considered and Rejected - But the options aside from assaulting the compound were in some ways worse. “The options were minimal. They could have killed Koresh—the Israelis couldn’t understand why he didn’t do that. The HRT had Koresh in their sights 50 times. They could have killed him and all his leaders and that would have been the end of it, but that was not an option. They looked into all kinds of other things. One official had heard rumors that the government had a secret weapon, like a laser weapon or sound weapon, that could vibrate people in some non-lethal way and get them out of there. We didn’t. We found out later there was a microwave weapon, but they couldn’t use it because it affected people differently based on their body size and weight. It didn’t do much to big people but it tended to cook little people.” Scruggs says that there was no “win” in any scenario they considered. “I’m not saying that mistakes weren’t made, because they were,” he says, “but I became firmly convinced in my own mind, after looking at this 16 hours a day for six months, that it was Koresh’s game. He was, in effect, controlling us no less than he was controlling his own people.” Scruggs echoes the words of senior FBI agent Byron Sage, who was present for the siege and the assault, who will say five years later that Koresh “had an apocalyptic end in mind, and he used us to fulfill his own prophecy” (see January 2000). Carl Stern, director of public affairs for the Department of Justice, was present at the decision-making sessions held in Reno’s office, and saw the FBI present its tear-gas assault plan for her approval. Stern, like Reno and others, was new to Washington and to the Davidian situation, and recalls the turmoil of meetings and decisions in the final weekend before the assault on Monday, April 19. “I arrived here on Tuesday and had my first meeting on Waco 15 minutes after I walked in the door,” Stern says. “Two people from the criminal division were advocating the tear gas plan. I took the other position and we argued it in front of the attorney general. The next day I attended a meeting where I really felt the idea had been turned off. I was confident that nothing was going forward (see April 12, 1993). Then on Saturday it got turned around 180 degrees” (see April 17-18, 1993). Stern is still unsure why the opposition to the assault plan disappeared so thoroughly. “The AG [Reno] was there with her deputies, the FBI director [William Sessions] was there with his deputies, and they were going through the whole thing all over again.” Stern summarizes the list of official priorities that weighed in favor of the action. “The FBI was concerned about deteriorating health conditions in the compound. There were dead bodies on the premises. The building had no indoor plumbing. People were defecating in buckets and dumping it in a pit out back and, after 50 days, there was real concern that there would be a massive disease outbreak and the first ones to get sick would be the kids. They were concerned that the perimeter of the compound was highly unstable. It was a large perimeter. There had been several breaches of it. There were rumors that armed pro-Koresh groups might come from Houston or California or elsewhere to put an end to the siege. Finally, the Hostage Rescue Team had been there for 49 days at that point—the longest they had ever gone before was four days. They were in sniper positions around the clock. They were losing their edge, not training, sitting out there in mudholes, and they were afraid if something went wrong in the rest of the country they would not be able to respond.” Stern confirms that one of Reno’s overriding concerns was the reports of child abuse she was receiving. “The AG asked a number of questions and this became the legend of what she was concerned about. She asked first about sanitary conditions. She asked next about sexual assault and child abuse. The FBI replied that if Koresh was still doing what he had been point prior to the raid (see November 3, 1987 and After) he was legally committing statutory rape. Third, the question of beatings came up. As recently as March 21, youngsters had been released who described having been beaten. The consensus was that, at a minimum, the government was not adequately protecting these children, but all that got distorted later.”
Mass Suicide Never Considered an Option for Davidians - Stern also confirms that FBI officials dismissed any idea that the Davidians might commit mass suicide, and that possibility was never figured into the plans for the assault. “What the attorney general heard was the assessment that he was not suicidal,” Stern says. What did figure into the planning was what the authors calls the “tough-cop culture of the FBI, which later evaluators cited as central factors in the proposal by bureau commanders to attack the compound with tear gas.” Stern says, “Remember, four officers had been killed, the FBI had never waited so long in the hostage situation, and from their perspective, it was really untenable that people who had killed federal officers were going on week after week thumbing their noses at law enforcement.”
Assault Did Not Follow Plan - The plans as approved by Reno never contained an option to attack the compound with armored vehicles. “Please keep in mind that there was no plan to demolish the compound. As we said at the time, it was not D-Day. The original plan was a two-day plan for gradual insertion of gas to progressively shrink the usable space and continually encourage people to come out.” The assault was carried out entirely differently; when the Davidians began firing automatic weapons at the armored vehicles and at personnel, ground commanders abandoned the plans and ordered an all-out assault with tear gas and armored vehicles. Even weather conditions played a part in the final conflagration. “No one anticipated the wind,” Stern recalls. “The tanks were not supposed to strike the building, but because of the wind, the gas wasn’t getting in and they had to get closer and finally insert the booms through the window millwork. In the course of doing so, they struck the walls and the roof.” Stern recalls the moments when the fires erupted throughout the compound. “I was in the SIOC [Strategic Intervention Operations Center] when the fire broke out. At first, Floyd Clarke, the FBI’s deputy director, thought an engine had blown on one of the vehicles they had rented from the Army. They didn’t realize what had happened. Then, when it became clear that it was a fire, they all sat there waiting for the people to come out. They were saying, ‘Come on baby, come on out, come on out.’ They were expecting people to come flooding out and there were no people coming out and they were absolutely incredulous. Even when it was over, they were still assuming they would find the kids in the bus they had buried underground.” Stern says FBI and DOJ officials were stunned at the realization that the Davidians had, in essence, committed mass suicide. “All I can tell you is that, given the atmosphere at the time, it was a surprise the suicide occurred. Remember, by then, most of the children in the compound were Koresh’s own. The thought that he would permit his own children to be harmed was inconceivable.” Conway and Siegelman point out that those experienced in “cult” “mind control” techniques had, indeed, anticipated just such an outcome. They theorize “that ranking FBI officers, tired of being manipulated by Koresh and, no doubt, genuinely concerned for the precedents they were setting for future confrontations, may have misguided the attorney general into giving ground commanders too much leeway in the execution of the final assault plan—leeway that, as the tank and tear gas assault progressed, unleashed the full destructive potential of Koresh and the people under his control. However, in our view, that gaping hole in the government’s strategy was not wrought by any battering ram or armored vehicle. Amid the push and pull of the government’s internal debate, the failure of FBI officials in Washington and Waco to heed warning that the cult’s destructive urges would ignite under pressure hastened the demise of the doom-bent Davidians.” The Davidians were never Koresh’s hostages as the FBI viewed them, the authors conclude, but willing participants willing to die for their leader and for their beliefs.
Reno Forced to Rely on FBI - Stern reminds the authors: “The attorney general had only been on the job five weeks. She didn’t even have her own staff yet. She was really flying solo. She had to rely on somebody, so she relied on the FBI and their vaunted Hostage Rescue Team. Those of us who have been around town a little longer know that, while there’s much to admire about the FBI, it does not have an unblemished record. There are times when they have been mistaken. They’re not perfect. In the world of cats and dogs, sometimes they’re closer to dogs than cats. If she had been attorney general for two years and had more experience dealing with the bureau, she might have solicited more information.” (Conway and Siegelman 1995)

Bojinka plotter Wali Khan Amin Shah is arrested in Malaysia and rendered to the US. Shah had been on the run in Asia for almost a year, since escaping a Philippine jail (see January 13, 1995). He is missing three fingers on his left hand, and someone notices this and alerts the authorities. (Ressa 2003, pp. 43) The FBI had hunted him through around half a dozen countries. After his arrest by Malaysian authorities, at the FBI’s request, he is rendered to the US. He will later be given a long prison sentence for his role in the Bojinka plot. (McKinley 12/13/1995; Lance 2004, pp. 326-7; Grey 2007, pp. 245) Before his arrest, leading Southeast Asian militant Hambali had supplied Khan with a new identity and cover in Malaysia, where he lived on the resort island of Langkawi using the alias Osama Turkestani. However, a 2002 article will say that officials claim they only learn this “years later.” (Fineman and Paddock 2/7/2002)

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)

A young Ahmed Alnami in Saudi Arabia.A young Ahmed Alnami in Saudi Arabia. [Source: Boston Globe]At least 11 of the 9/11 hijackers travel or attempt to travel to Chechnya between 1996 and 2000 (see 1999-2000):
bullet Nawaf Alhazmi fights in Chechnya, Bosnia, and Afghanistan for several years, starting around 1995. (Observer 9/23/2001; ABC News 1/9/2002; US Congress 6/18/2002; US Congress 7/24/2003 pdf file)
bullet Khalid Almihdhar fights in Chechnya, Bosnia, and Afghanistan for several years, usually with Nawaf Alhazmi. (US Congress 6/18/2002; McDermott 9/1/2002; US Congress 7/24/2003 pdf file)
bullet Salem Alhazmi spends time in Chechnya with his brother Nawaf Alhazmi. (ABC News 1/9/2002) He also possibly fights with his brother in Afghanistan. (US Congress 7/24/2003 pdf file)
bullet Ahmed Alhaznawi leaves for Chechnya in 1999 (ABC News 1/9/2002) , and his family loses contact with him in late 2000. (Khashoggi and Al-Nayyef 9/22/2001)
bullet Hamza Alghamdi leaves for Chechnya in early 2000 (Murphy and Ottaway 9/25/2001; Fisk 9/27/2001) or sometime around January 2001. He calls home several times until about June 2001, saying he is in Chechnya. (Ba-Isa and Al-Towaim 9/18/2001)
bullet Mohand Alshehri leaves to fight in Chechnya in early 2000. (Khashoggi and Al-Nayyef 9/22/2001)
bullet Ahmed Alnami leaves home in June 2000, and calls home once in June 2001 from an unnamed location. (Ba-Isa 9/19/2001; Murphy and Ottaway 9/25/2001)
bullet Fayez Ahmed Banihammad leaves home in July 2000 saying he wants to participate in a holy war or do relief work. (Murphy and Ottaway 9/25/2001; Freedberg 9/27/2001) He calls his parents one time since. (Ba-Isa and Al-Towaim 9/18/2001)
bullet Ahmed Alghamdi leaves his studies to fight in Chechnya in 2000, and is last seen by his family in December 2000. He calls his parents for the last time in July 2001, but does not mention being in the US. (Ba-Isa and Al-Towaim 9/18/2001; Khashoggi 9/20/2001)
bullet Waleed M. Alshehri disappears with Wail Alshehri in December 2000, after speaking of fighting in Chechnya. (Ba-Isa and Al-Towaim 9/18/2001; Murphy and Ottaway 9/25/2001)
bullet Wail Alshehri, who had psychological problems, went with his brother to Mecca to seek help. Both disappear, after speaking of fighting in Chechnya. (Murphy and Ottaway 9/25/2001)
bullet Majed Moqed is last seen by a friend in 2000 in Saudi Arabia, after communicating a “plan to visit the United States to learn English.” (Khashoggi and Al-Nayyef 9/22/2001)
Clearly, there is a pattern: eleven hijackers appear likely to have fought in Chechnya, and two others are known to have gone missing. It is possible that others have similar histories, but this is hard to confirm because “almost nothing [is] known about some.” (MacFarquhar 9/21/2001) Indeed, a colleague later claims that hijackers Mohamed Atta, Marwan Alshehhi, Ziad Jarrah, and would-be hijacker Ramzi Bin al-Shibh wanted to fight in Chechnya but were told in early 2000 that they were needed elsewhere. (Finn 10/23/2002; Blenkinsop 10/29/2002) Reuters later reports, “Western diplomats play down any Chechen involvement by al-Qaeda.” (Sayenko 10/24/2002)

Barbara McNamara.Barbara McNamara. [Source: National Security Agency]Alec Station, the CIA’s bin Laden unit, and other senior agency officers repeatedly ask the NSA to provide verbatim transcripts of intercepted calls between al-Qaeda members. Alec Station chief Michael Scheuer will explain, “[V]erbatim transcripts are operationally useful, summaries are much less so.” (Atlantic Monthly 12/2004) According to PBS, Alec Station believes that “only by carefully studying each word will it be possible to understand [Osama] bin Laden’s intentions.” This is because al-Qaeda operatives sometimes talk in a simplistic code (see (October 1993-November 2001)). Scheuer will say: “Over time, if you read enough of these conversations, you first get clued in to the fact that maybe ‘bottle of milk’ doesn’t mean ‘bottle of milk.’ And if you follow it long enough, you develop a sense of what they’re really talking about. But it’s not possible to do unless you have the verbatim transcript.” (PBS 2/3/2009) Scheuer will also complain that the summaries “are usually not timely.” (Atlantic Monthly 12/2004) Author James Bamford will say that the summaries are “brief” and come “once a week or something like that.” (Antiwar 10/22/2008) Alec Station’s desire for verbatim transcripts will intensify when it discovers the NSA is intercepting calls between bin Laden and his operations center in Yemen (see December 1996). However, the NSA constantly rejects its requests. Scheuer will later say: “We went to Fort Meade to ask then the NSA’s deputy director for operations [Barbara McNamara] for the transcripts, and she said, ‘We are not going to share that with you.’ And that was the end.” He will add that McNamara “said that the National Security Act of 1947 gave her agency control of ‘raw’ signals intelligence, and that she would not pass such material to CIA.” (Atlantic Monthly 12/2004; Antiwar 10/22/2008; PBS 2/3/2009) McNamara will tell the 9/11 Commission that “She does not recall being personally [asked] to provide… transcripts or raw data” for counterterrorism, but if people wanted raw data, “then NSA would have provided it.” (9/11 Commission 12/15/2003, pp. 5)

9/11 hijacker Hani Hanjour, who returned to his native Saudi Arabia after a previous stay in the US (see October 3, 1991-February 1992), now arrives in the US for the second time, and will spend much of the next three years in the country. Hanjour first stays in Miramar, Florida with a couple that are longtime friends with Abulrahman Hanjour, his eldest brother: Adnan Khalil, a Saudi professor at a local college, and his wife Susan. Susan Khalil later remembers Hani Hanjour as socially inept, with “really bad hygiene.” She says, “Of all my husband’s colorful friends, he was probably the most nondescript. He would blend into the wall.” The Washington Post later reports: “Hanjour’s meek, introverted manner fits a recurrent pattern in the al-Qaeda network of unsophisticated young men being recruited as helpers in terrorist attacks. FBI agents have told people they have interviewed about Hanjour that he ‘fit the personality to be manipulated and brainwashed.’” Yet, Susan Khalil says, “I didn’t get the feeling that he hated me or hated Americans.” Hanjour, she says, “was very kind and gentle to my son, who was 3 years old.” He prays frequently, at their home and at a nearby mosque. After staying for about a month he leaves the Khalil’s, having been accepted at a flight school in California (see April 30-Early September 1996). (Crary 9/21/2001; Allison 10/2/2001; Goldstein, Sun, and Lardner 10/15/2001; 9/11 Commission 7/24/2004, pp. 226) Many of the hijackers will later live in this part of Florida. A nearby mosque is run by radical imam Gulshair Shukrijumah, who possibly associates with Mohamed Atta and Marwan Alshehhi in 2000 and 2001 (see 2000-2001 and May 2, 2001). (Canedy and Lichtblau 3/22/2003)

It will later be revealed in a US trial that, by this time, US intelligence agents are aware that an al-Qaeda cell exists in Kenya. (In fact, it may have been aware of this since late 1994 (see Late 1994)). (Kelly 1/1/2001) Further evidence confirming and detailing the cell is discovered in May and June of 1996 (see May 21, 1996). By August 1996, US intelligence is continually monitoring five telephone lines in Nairobi used by the cell members, such as Wadih El-Hage. The tapping reveals that the cell is providing false passports and other documents to operatives. They are sending coded telephone numbers to and from al-Qaeda headquarters in Afghanistan. The surveillance is apparently being conducted without the required approval of either President Clinton or Attorney General Janet Reno. (Associated Press 12/19/2000; Kelly 1/1/2001) Prudence Bushnell, the US ambassador to Kenya, will be briefed about the cell in early 1997, but will be told there is no evidence of a specific threat against the embassy or American interests in Kenya. (Risen and Weiser 1/9/1999) Ali Mohamed, an al-Qaeda double agent living in California, will later admit in US court that he had been in long distance contact with Wadih El-Hage, one of the leaders of the cell, since at least 1996. It will also be revealed that US intelligence had been wiretapping Mohamed’s California phone calls since at least 1994 (see Late 1994), so presumably US intelligence is recording calls between Mohamed and the Kenya cell from both ends. The Nairobi phone taps continue until at least August 1997, when Kenyan and US agents conduct a joint search of El-Hage’s Nairobi house (see August 21, 1997). (United States of America v. Ali Mohamed 10/20/2000; Associated Press 12/19/2000; Kelly 1/1/2001)

Theodore ‘Ted’ Kaczynski, accused of killing two people and injuring 29 as part of the ‘Unabomber’ crime spree, shown shortly after his arrest. He is wearing the orange prison garb issued to him by Montana authorities.Theodore ‘Ted’ Kaczynski, accused of killing two people and injuring 29 as part of the ‘Unabomber’ crime spree, shown shortly after his arrest. He is wearing the orange prison garb issued to him by Montana authorities. [Source: Associated Press]Theodore “Ted” Kaczynski, a former University of California at Berkeley mathematics professor who now lives as a recluse in a one-room, 10-foot by 12-foot cabin in the mountains outside Lincoln, Montana, is arrested for possession of bomb components. He is subsequently proven to be the “Unabomber” (see January 22, 1998). Kaczynski is turned in to law enforcement officials by his brother David Kaczynski, who believes Kaczynski’s writings bear a marked resemblance to the Unabomber’s recently published manifesto (see September 19, 1995 and January-March 1996 and After). (BBC 11/12/1987; Washington Post 1998; KSPR-TV 2011)
Tiny Cabin Filled with Evidence - The cabin lacks indoor plumbing and running water. Among other items, the cabin contains a potbellied stove, which Kaczynski used to both heat the cabin and melt the metals used in making his bombs; a hooded sweatshirt similar to the one he is depicted as wearing in the now-infamous FBI sketch released of him years earlier (see February 20, 1987); the typewriter used to type his “manifesto”; books on bomb-making and many other subjects; a homemade pistol; and other more mundane items. (Schwartz and Kovaleski 4/4/1996; KSPR-TV 2011) In the days after the arrest, the FBI will reveal that two live bombs found in the cabin are nearly identical to lethal devices used by the Unabomber in 1994 and 1995, though the bureau will not give more specifics about the bombs found. “It was as if once he found the right design, he stuck with it,” an FBI official will say. (Johnston 4/8/1996) The evidence found in the cabin sheds light on Kaczynski’s motivations for the bombings (see April 3, 1996).
FBI Had No Leads - Kaczynski is responsible for killing Hugh Scrutton and two other people (see December 10, 1994 and April 24, 1995) and injuring 29 others between 1978 and 1995. FBI officials later say that while they have tracked thousands of leads over Kaczynski’s 18-year bombing spree, they had no real clues as to his identity before his brother stepped up to identify him as a possible suspect. David Kaczynski later says that he was not sure his brother was the bomber for a very long time: “I had never seen him violent, not toward me, not toward anyone. I tended to see his anger turned inward,” he will say. (Thomas and Weiser 4/13/1996; Claiborne 8/21/1998)
Arrest Uneventful - The arrest comes after weeks of intensive, if unobtrusive, surveillance by the FBI along with postal inspectors and explosives specialists. Disguised as lumberjacks and outdoorsmen, the agents began slipping into Helena and the tiny hamlet of Lincoln, some 50 miles northwest of Helena and not far from the cabin. The agents learned more about Kaczynski from local residents, and found that he is essentially a hermit who rarely leaves the property. FBI snipers moved in close to the cabin and staked it out for weeks, communicating with their commanders by encrypted radios. Mostly they watched as Kaczynski tended his garden and retrieved provisions from his root cellar; during the time he was under surveillance, he never left the property. On April 3, the agents finally move in, with 40 men in body armor surrounding the cabin and proffering a search warrant. An Army ordnance team accompanies the agents, with the duty of searching for booby traps; none are found. When Kaczynski sees the agents, he tries to withdraw inside the cabins, but is restrained. Once the agents have him, Kaczynski puts up no further resistance, and as one official says, becomes “quite personable, and well spoken.” He immediately asks for a lawyer, and refuses to answer questions, though he engages in pleasant small talk with the agents. A law enforcement official, noting that the FBI and other law enforcement agencies have collected a huge amount of physical and forensic evidence over the 17-year span of bombings, says, “We always believed there would come a day when all these many bits of information would begin to come together and that day was the day we executed the search warrant.” (Johnston 4/4/1996)

Ted Kaczynski’s mug shot.Ted Kaczynski’s mug shot. [Source: Federal Bureau of Investigation]Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996), is charged with a federal weapons violation as a result of his possession of unlawful bomb parts. (Washington Post 1998) Kaczynski is charged with the violation in a Helena, Montana, court; he was captured in a small rural cabin in nearby Lincoln, Montana. (Walsh 4/5/1996) A New York Times reporter describes Kaczynski as “dressed in orange jail-house overalls,” and with a “confident” appearance, even wearing “a bit of a smirk on his face as he glanced around the courtroom.” Kaczynski ignores shouted questions from reporters asking if he is responsible for the bombings; his responses to Judge Charles C. Lovell as to his mental competence and understanding of the charge against him are clear and rational. Lovell assigns public defender Michael Donahoe as his lawyer. FBI investigators tell reporters they are confident that Kaczynski is indeed responsible for the bombings. They add that it is likely Kaczynski will soon be moved to California, either to San Francisco, home base of the federal task force that has searched for the Unabomber for years, or to Sacramento, where the latest attack occurred last April (see April 24, 1995). (Egan 4/5/1996)

The public defender for Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996), files a court order seeking to stop other lawyers from trying to take over Kaczynski’s defense. Michael Donahoe, a public defender, cites Montana state rules forbidding lawyers from asking a defendant to hire them if they know the defendant already has a lawyer, and prohibiting requests involving coercion. “This case has drawn substantial media attention, and that attention has caused people from a variety of disciplines to offer services to Mr. Kaczynski,” Donahoe says in his motion. Some lawyers have, Donahoe says, “taken it upon themselves to contact Mr. Kaczynski directly,” including a California lawyer, Warren Wilson. Reuters observes, “Lawyers frequently offer their services free in highly visible cases because of the publicity they generate.” (Reuters 4/8/1996)

The New York Times reveals that Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996), has engaged in a seven-year “pen pal” correspondance with an elderly Mexican farmhand he has never personally met. The farmhand, Juan Sanchez Arreola, a 68-year-old farm worker from Chihuahua, Mexico, is not suspected to have any connection with Kaczynski’s alleged bombing spree. Kaczynski began writing to Sanchez in 1988 after learning of his existence through his brother, David Kaczynski; Sanchez had done some work for David Kaczynski as a handyman on some West Texas property David Kaczynski owned. The letters shed little direct light on Kaczynski’s suspected career as the “Unabomber,” but they do give details of his life as a recluse in the Montana woods. Sanchez shows three of the letters he received from Kaczynski to a Times reporter, and says he threw some of the letters away. Kaczynski wrote of his fascination with the Mexican revolutionary Pancho Villa, and described in detail his life in his mountain cabin with little money or food. In November 1995, Kaczynski wrote: “I am fine here. I am poorer than ever, but I am in very good health, and that is more important than anything. As to my poverty, I have $53.01 exactly, barely enough to stave off hunger this winter without hunting rabbits for their meat. But with the rabbit meat and a little flour and other things that I have put away, also a few dried vegetables from my little garden, I will get through the winter very well. And when the spring comes, perhaps I will have better luck with work and money, so that I can go to visit you. We will see.” Kaczynski also sent Sanchez at least one Christmas present, a brightly painted wooden cylinder bearing the motto “Montani Semper Liberi,” Latin for “Mountain Men are Always Free.” Sanchez says Kaczynski had twice asked his brother for money in 1995. “We only knew each other through letters,” says Sanchez, who says he was stunned to learn that his pen pal was suspected of a spree of lethal bombings. They did not discuss the bombings, Sanchez says, nor did they talk about politics, aside from their discussions of Villa and Mexican history. (Brooke and Barboza 4/9/1996; New York Times 4/10/1996; New York Times 4/11/1996)

Federal prosecutor Robert J. Cleary, an assistant US attorney based in Newark, New Jersey, is named the lead prosecutor in the Unabomber case (see April 3, 1996). Justice Department officials say that the government has not yet decided what charges to file against suspected bomber Theodore J. Kaczynski, though experts believe that he will be charged with the murder of advertising executive Thomas J. Mosser, killed by a mail bomb almost two years ago (see December 10, 1994). The Mosser murder, along with a second Unabomb-connected murder (see April 24, 1995), are important, legal observers say, because they are the only two cases punishable by the death penalty. Currently, Kaczynski is being held in Helena, Montana, on charges of possession of illegal explosives. He is being held without bail. Officials say they doubt that Kaczynski will be prosecuted for all 16 of the bombings he is suspected of committing, but only those that caused serious injury or death. Cleary’s prosecution team is made up of himself, Stephen P. Freccero of San Francisco, Robert Steven Lapham of Sacramento, Bernard F. Hubley of Montana, and two Justice Department lawyers, E. Thomas Roberts and J. Douglas Wilson. (Johnston 4/12/1996) Cleary has been the US Attorney’s liaison to the Unabom task force, based in San Francisco, since Mosser’s death. (Thomas and Weiser 4/13/1996)

Federal agents announce that they have recovered what they believe is the master copy of the Unabomber “manifesto” from the Montana cabin of accused serial bomber Theodore “Ted” Kaczynski. Agents say that the 35,000-word manifesto, titled “Industrial Society and Its Future,” and whose publication in the Washington Post led to Kaczynski’s discovery and arrest (see September 19, 1995 and April 3, 1996), should conclusively prove that Kaczynski is in fact the Unabomber. One law enforcement official says that the evidence is so strong against Kaczynski with the discovery of the manuscript that “[i]f we lose this one, we’d better close up and go home.” Federal agents have been carefully combing every inch of Kaczynski’s cabin, X-raying boxes and meticulously examining items to ensure none of them are booby-trapped. Authorities have already found one live bomb; a senior official says, “They found a bomb, that’s a good reason to go slow.” They believe that Kaczynski laboriously typed out copy after copy of the document for the Post and the New York Times. Other documents in Kaczynski’s cabin name some of his bombing victims, as well as an apparent list of future intended targets, including a number of West Coast forestry officials. Notes found in the cabin also name a number of current and retired University of California-Berkeley professors and a department at the school. Kaczynski was once a professor at the school. They have also found chemicals and other materials used to make bombs similar to those Kaczynski is accused of sending to a number of targets over his 17-year run, and a partially constructed bomb in addition to the live device. They have found three manual typewriters in the cabin; one of them matches a letter sent to the Times threatening further bombings if the manifesto was not published (see April 24, 1995). (Thomas and Weiser 4/13/1996; Johnston 4/13/1996)

A large and inquisitive “fan” group springs up on the Internet in response to the arrest of Theodore J. Kaczynski, the suspected “Unabomber” (see September 19, 1995 and April 3, 1996). Many are members of a Usenet news group called “alt.fan.unabomber,” though its members are not all “fans” of Kaczynski’s actions nor of his anti-technology ideology. One poster to the group writes: “Man, is this ever weird. There is now a news group about the guy who despises technology.” Other groups also form around Kaczynski. Most of the posts focus on his views or are darkly humorous speculations on what he ate and how he lived while in seclusion. One large news group, “sci.math,” posts his bibliography along with commentaries on his mathematical past. Some observers point to his stated antipathy for technology and his recommendation to destroy technology and bring humanity “back to nature,” while others use his stance to promote their own counterculture views as expressed through technology. Kaczynski himself posted nothing, as far as can be determined, on the Internet. (Rothstein 4/15/1996)

Federal Judge Charles Lovell releases an inventory of the contents of the remote Montana cabin belonging to the so-called “Unabomber” (see April 3, 1996). The inventory of the cabin’s contents, mostly the belongings of Unabomber suspect Theodore J. Kaczynski, was compiled by the FBI. The 600-item inventory shows that Kaczynski had the addresses and other information of corporate executives, presumably for future bombing targets, along with a plethora of explosive devices and components, five guns, street maps of San Francisco, and hundreds of books. The books include a Bible, volumes on Eastern mysticism, and a book by social critic Paul Goodman. The FBI also lists medications such as trazodone hydrochloride, leading investigators to believe that Kaczynski may suffer from insomnia or another malady. The inventory also lists a hooded jacket, a blue zippered sweatshirt with a hood, and two pairs of plastic glasses, similar to the clothing and sunglasses described by a 1987 witness to a Salt Lake City bombing (see February 20, 1987). The inventory includes hundreds of mundane items such as a yellow plastic bucket, hiking boots, a bag of fishhooks, matches, a pocket knife, a metal pot, and a backpack. Lovell also releases the original search warrant, which told what agents believed they might find, including explosives and books on Chinese philosophy as cited in Kaczynski’s manifesto (see September 19, 1995). Three typewriters, apparently used to type the manifesto, are also listed. (Johnston 4/16/1996)

According to counterterrorism expert Rohan Gunaratna, US intelligence monitoring al-Qaeda communications learn that al-Qaeda is canceling an attack on Western targets in Singapore. On April 18, 1996, 108 Lebanese civilians seeking refuge at a UN camp in Qana, Lebanon, are killed by mortars fired by Israeli forces. Bin Laden “was keen not to dissipate what he envisaged as widespread revulsion against Israel’s action and hence called off the strike in Southeast Asia. Al-Qaeda’s team in question was very determined to go ahead, having spent years preparing the attack, and according to the intercepts it proved difficult for Osama to convince it otherwise.” Gunaratna claims the US learned this through the NSA’s Echelon satellite network (see Before September 11, 2001) “and other technical monitoring of their communications traffic.” (Gunaratna 2003, pp. 133-134) If true, this case supports other evidence that the US was successfully monitoring bin Laden’s communications from an early date (see Early 1990s) and that al-Qaeda’s Southeast Asia operations were penetrated years before an important al-Qaeda summit in Malaysia discussing the 9/11 plot (see January 5-8, 2000).

The NSA discovers a communications hub al-Qaeda uses to coordinate its global operations. The hub was set up in May 1996 by Ahmed al-Hada, a close associate of Osama bin Laden (see May 1996), and is discovered at some time in the next six months. (Bamford 2008, pp. 16) According to a PBS documentary, the NSA discovers the hub by monitoring bin Laden’s calls from his satellite phone in Afghanistan (see November 1996-Late August 1998): “Once he starts dialing from Afghanistan, NSA’s listening posts quickly tap into his conversations.… By tracking all calls in and out of Afghanistan, the NSA quickly determines bin Laden’s number: 873-682505331.” According to CIA manager Michael Scheuer, bin Laden’s satellite phone is a “godsend,” because “[i]t gave us an idea, not only of where he was in Afghanistan, but where al-Qaeda, as an organization, was established, because there were calls to various places in the world.” As bin Laden’s phone calls are not encrypted, there is no code for the NSA to break. Instead, NSA voice interceptors and linguists translate, transcribe, and write summaries of the calls. In addition, human analysts plot out which numbers are being called from bin Laden’s phone and how frequently. (PBS 2/3/2009)

After fleeing Qatar, Khalid Shaikh Mohammed (KSM) travels the world and plans many al-Qaeda operations. He previously was involved in the 1993 World Trade Center bombing, and the Operation Bojinka plot. (McGirk 1/20/2003) He is apparently involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), the 2000 USS Cole bombing (see October 12, 2000), and other attacks. One US official later says, “There is a clear operational link between him and the execution of most, if not all, of the al-Qaeda plots over the past five years.” (McDermott, Meyer, and McDonnell 12/22/2002) He lives in Prague, Czech Republic, through much of 1997. (McDermott 9/1/2002) By 1999, he is living in Germany and visiting with the hijackers there. (Risen 6/8/2002; Risen 9/22/2002) Using 60 aliases and as many passports, he travels through Europe, Africa, the Persian Gulf, Southeast Asia and South America, personally setting up al-Qaeda cells. (McDermott, Meyer, and McDonnell 12/22/2002; McGirk 1/20/2003)

Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996), is charged in two fatal bombings in Sacramento, California (see December 11, 1985 and April 24, 1995). (Washington Post 1998) He is not charged with murder specifically, but with transporting and mailing explosive devices with the intent to kill and injure. (Claiborne and Booth 11/9/1997)

Destruction at the Khobar Towers, Dhahran, Saudi Arabia.Destruction at the Khobar Towers, Dhahran, Saudi Arabia. [Source: US Air Force]Explosions destroy the Khobar Towers in Dhahran, Saudi Arabia, killing 19 American soldiers and wounding 500. (CNN 6/26/1996) Saudi officials will later interrogate the suspects, declare them guilty, and execute them—without letting the FBI talk to them. (PBS Frontline 2001; Marlow 11/19/2001) Saudis will blame Hezbollah, the Iranian-influenced group, but US investigators will still believe Osama bin Laden was involved. (Seattle Times 10/29/2001) US intelligence will be listening when al-Qaeda’s number two leader Ayman al-Zawahiri calls bin Laden two days after the bombing to congratulate him on the operation (see June 27, 1996). The New York Times will report that Mamoun Darkazanli, a suspected al-Qaeda financier with extensive ties to the al-Qaeda Hamburg cell, is involved in the attack. (Miller 9/25/2001; Tagliabue and Bonner 9/29/2001) Bin Laden will admit to instigating the attacks in a 1998 interview. (Rosenberg 9/24/2001) Ironically, the bin Laden family’s construction company will be awarded the contract to rebuild the installation. (Mayer and Szechenyi 11/5/2001) In 1997, Canada will catch one of the Khobar Towers attackers and extradite him to the US. However, in 1999, he will be shipped back to Saudi Arabia before he can reveal what he knows about al-Qaeda and the Saudis. One anonymous insider will call it “President Clinton’s parting kiss to the Saudis.” (Palast 2002, pp. 102) In June 2001, a US grand jury will indict 13 Saudis for the bombing. According to the indictment, Iran and Hezbollah were also involved in the attack. (US Congress 7/24/2003)

Omar Nasiri, who informs on al-Qaeda for the British intelligence service MI6 and the French service Direction Générale de la Sécurité Extérieure (DSGE), makes contact with al-Qaeda logistics manager Abu Zubaida using a telephone bugged by MI6. Nasiri met Abu Zubaida in Pakistan (see Mid 1995-Spring 1996). Usually, when Nasiri calls the number, he talks to one of Abu Zubaida’s associates, but sometimes he talks to Abu Zubaida himself. The phone is used to relay messages between Abu Zubaida in Pakistan and al-Qaeda representatives in London, in particular leading imam Abu Qatada. The French will apparently make great use of this information (see October 1998 and After). (Nasiri 2006, pp. 270-1, 273, 281)

Richard Perle.Richard Perle. [Source: Public domain]The Institute for Advanced Strategic and Political Studies, an Israeli think tank, publishes a paper titled “A Clean Break: A New Strategy for Securing the Realm.” (Sammon 10/7/2002; Novak 3/6/2003) The paper, whose lead author is neoconservative Richard Perle, is meant to advise the new, right-wing Israeli Prime Minister Benjamin Netanyahu. Other authors include:
bullet influential neoconservative academic and former Bush adviser Richard Perle, primarily responsible for the content of the paper;
bullet Meyrav Wurmser, the future director of the neoconservative Hudson Institute’s Center for Middle East Policy;
bullet her husband David Wurmser, the future chief adviser for Middle East policy for future vice-president Dick Cheney;
bullet neoconservative Douglas Feith, who will be the prime architect of the Iraq war;
bullet and a number of lesser-known neoconservatives, including James Colbert, Charles Fairbanks, Jr., Jeffrey T. Bergner, Jonathan Torop, and Robert Loewenberg.
Rebuilding Zionism by Abandoning Past Policies - It advocates making a complete break with past policies by adopting a strategy “based on an entirely new intellectual foundation, one that restores strategic initiative and provides the nation the room to engage every possible energy on rebuilding Zionism.…” (Guardian 9/3/2002)
Aggressive, Militant Israeli Policy towards Arab Neighbors - Much along the lines of an earlier paper by Israeli Oded Yinon (see February 1982), the document urges the Israelis to aggressively seek the downfall of their Arab neighbors—especially Syria and Iraq—by exploiting the inherent tensions within and among the Arab States. The first step is to be the removal of Saddam Hussein in Iraq. A war with Iraq will destabilize the entire Middle East, allowing governments in Syria, Iran, Lebanon, and other countries to be replaced. “Israel will not only contain its foes; it will transcend them,” the paper says. (Perle 7/8/1996; Guardian 9/3/2002; Cirincione 3/19/2003) Iraq is first on the list of nations to be transformed. Saddam Hussein must be overthrown, the authors say. But Iraq has long served as a counterweight to the Shi’ite theocracy of Iran; with the two at loggerheads, neither could pose as serious a threat to Israel as it could if not opposed by the other. To counter this, Perle and his co-authors propose restoring the Hashemites (an ancient Arab dynasty; King Faisal I of Iraq was a Hashemite) to power. Instead of the largely Shi’ite Iraqis aligning themselves with their fellow Shi’a in Iran after Hussein’s overthrow, the Hashemite government would align itself with the pro-Western Jordan, long a Hashemite regime. Unfortunately, the authors propose no plan to actually make such an extraordinary regime succession happen, nor do they seem concerned with some Iraqi Shi’ites’ alignment with Islamist terrorists or with many Shi’ites’ close ties to Iran. (Unger 2007, pp. 145-148)
Abandoning Oslo Accords, Militant Palestinian Policy - Other suggestions for Israel include abandoning the Oslo Accords, developing a foreign policy based on a traditional balance of power strategy, reserving its right to invade the West Bank and Gaza Strip as part of a strategy of “self-defense,” abandoning any notion of “land for peace,” reestablishing a policy of preemptive strikes, forging closer ties to the US while taking steps towards self-reliance, and seeking an alternative to Yasser Arafat as leader of the PLO. (Perle 7/8/1996)
'Seeds of a New Vision' - All these questions need not be answered right away, according to co-author Meyrav Wurmser. The document is “the beginning of thought,” she says, “… the seeds of a new vision.”
Similar to American Christian Right's Vision - According to author Craig Unger, the ideology of “ACB” is, in essence, a secularized version of the theology of the American Christian Right. Christian Zionists insist that Jews were ordained by God to reclaim the Biblican land of Judea and Samaria in the West Bank; the paper asserts that claim as well. The paper echoes Christian fundamentalists by demanding “the unconditional acceptance of Arabs of our rights, especially in their territorial dimension.” Perle and his fellow neoconservatives want to push the boundaries even further: the Bible can be interpreted to countenance Jewish dominion over all or parts of Egypt, Syria, Lebanon, Jordan, Iraq, and even Saudi Arabia. Thusly, the authors claim that Israel and the US, by waging war against Iraq, Syria, and Lebanon, would reshape the “strategic environment” in the Middle East and greatly expand Israel’s influence in the region.
Influence in Upcoming Bush Administration - Perle will later become chairman of President Bush’s influential Defense Policy Board and will be instrumental is moving Bush’s US policy toward war with Iraq after the 9/11 attacks, as will Feith and the Wurmsers. (Unger 2007, pp. 145-148)

Bin Laden issuing his 1996 fatwa.Bin Laden issuing his 1996 fatwa. [Source: PBS]Secure in his new base in Afghanistan, Osama bin Laden issues a public fatwa, or religious decree, authorizing attacks on Western military targets in the Arabian Peninsula. This eliminates any doubts that bin Laden is merely a financier of attacks, rather than an active militant. (US Congress 9/18/2002) He made a similar call to attack US troops in Saudi Arabia in an open letter to the Saudi king the year before (see August 1995), which was followed by an actual attack (see November 13, 1995). The fatwa is published by Khalid al-Fawwaz, who runs bin Laden’s European headquarters in London. However, British authorities do not appear concerned. (O'Neill and McGrory 2006, pp. 111) He will issue a new fatwa in 1998 authorizing attacks against the US and its allies all over the world (see February 22, 1998).

Based on a review of the Lexis-Nexus database, the term al-Qaeda is first mentioned in the mainstream media on this day. A United Press International article draws from a State Department fact sheet released today (see August 14, 1996) and states, “Earlier, during the Soviet invasion of Afghanistan, Usama Bin Ladin drew on his family’s wealth ‘plus donations received from sympathetic merchant families in the Gulf region’ to organize the Islamic Salvation Foundation, or al-Qaida. The group established recruitment centers in Egypt, Saudi Arabia, and Pakistan that enlisted and sheltered thousands of Arab recruits to fight the Soviets. ‘This network remains active,’ the State Department said.” (The spelling is the same as in the original.) (US Department of State 8/14/1996; Banales 8/14/1996) The term was first used in an overseas article by the French wire service Agence France-Presse, in May 1993 (see May 30, 1993). The CIA has been aware of the term since at least the start of 1996 (see Shortly Before February 1996) and possibly by 1991, if not earlier (see February 1991- July 1992). However, the term will remain little used and little understood by the media for the next several years. For instance, the New York Times will first mention it two years later in quoting the courtroom testimony of one of the plotters of the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). It is referred to as “al-Qaeda, an international terrorist group, led by Mr. bin Laden.” (Johnston 8/28/1998)

A Bosnian Muslim named Munib Zahiragic joins Bosnia’s Muslim secret police by mid-1995, while he is also working for the Sarajevo office of the US-based charity Benevolence International Foundation (BIF). By September 1996, he is stealing top secret documents and giving them to Enaam Arnaout, the US executive director of BIF and also linked to al-Qaeda. He gives Arnaout hundreds of documents about mujaheddin and al-Qaeda operatives. Arnaout then passes them on to al-Qaeda, allowing many to avoid capture. For instance, high-ranking al-Qaeda leader Mamdouh Mahmud Salim is tipped off that investigators are onto him when he visits Bosnia in 1998 (see May 7, 1998). After Zahiragic leaves the secret police in June 2000, he works full time for BIF. In March 2002, Bosnian police will raid the BIF’s Sarajevo office, arrest Zahiragic, and discover weapons, booby traps, fake passports, and bomb making plans. A raid on another BIF office at the same time will uncover the stolen documents. Zahiragic is convicted of espionage in Bosnia a year later but he is only sentenced to two years in prison. (Associated Press 6/30/2003; Schindler 2007, pp. 288-289) Despite his arrest, Bosnian intelligence agencies remain completely penetrated by others. Highly classified Bosnian documents are sometimes found with Islamist militants in Bosnia and are even published in militant newsletters. (Schindler 2007, pp. 312-313)

Ramzi Yousef and two other defendants, Abdul Hakim Murad and Wali Khan Amin Shah, are convicted of crimes relating to Operation Bojinka (see January 6, 1995). (CNN 9/5/1996) In the nearly 6,000-page transcript of the three-month Bojinka trial, there is not a single mention of the “second wave” of Bojinka that closely paralleled the 9/11 plot. Interrogations by Philippine investigator Colonel Rodolfo Mendoza had exposed the details of this plot quite clearly (see January 20, 1995 and February-Early May 1995). However, not only does the FBI not call Mendoza to testify, but his name is not even mentioned in the trial, not even by his assistant, who does testify. “The FBI seemed to be going out of its way to avoid even a hint of the plot that was ultimately carried out on 9/11,” author Peter Lance will later note. (Lance 2003, pp. 350-51) Murad was extensively tortured during his imprisonment in the Philippines (see After January 6, 1995), and some observers such as law professor Alan Dershowitz will assert that Murad’s case proves the reliability of torture, claiming that Murad’s torture prevented a major disaster. However, others disagree. Law professor Stephanie Athey, in her examination of the case, will write in 2007 that Murad’s torture actually produced little useful information. A computer found in Murad’s apartment held key details of the plot (see January 7-11, 1995 and Spring 1995). CIA agent Michael Scheuer will later say that the information collected from Murad’s apartment, not the information gleaned from Murad’s torture, provided actual useful intelligence. (Rose 12/16/2008)

Harry Ellen.Harry Ellen. [Source: Associated Press]Harry Ellen, a businessman who converted to Islam, has high credibility with Muslims in Arizona because of his work on behalf of the Palestinian cause. He has had important meetings with Palestinian leader Yasser Arafat. In 1994, he began working as an FBI informant. Ken Williams, the Phoenix FBI agent who will later write the July 2001 “Phoenix memo”(see July 10, 2001), is his handler. In October 1996, Ellen tells Williams that he has suspicions about an Algerian pilot who is training other Middle Eastern men to fly. He later recalls, “My comment to Williams was that it would be pitiful if the bad guys were able to gain this kind of access to airplanes, flight training and crop dusters. I said, ‘You really ought to look at this, it’s an interesting mix of people.’” Ellen had previously begun spying on a man known as Abu Sief, which apparently is his alias. Sief had come to Arizona from New Jersey in 1993, and bragged about having close ties with al-Qaeda figures Sheikh Omar Abdul-Rahman and Ramzi Yousef (when Yousef’s computer is seized in the Philippines in 1995, there is a mention of a contact in Tucson, Arizona, but it is unknown if this is a reference to Sief or someone else (see January 7-11, 1995)). Sief attended a New Jersey mosque that many of the 1993 World Trade Center bombers also attended. Ellen soon sees the unnamed Algerian pilot meeting with Abu Sief. He tells this to Williams and later will claim, “I told him to be very concerned about air schools.” However, Ellen will claim that Williams responds by telling him to “leave it alone.” So he does. Ellen later believes that Williams should have sent the gist of his Phoenix memo at this time, instead of four and a half years later. Hani Hanjour is living in Phoenix by this time and taking flight training nearby (see October 1996-Late April 1999). Ellen later will say he did not know Hanjour directly, but he knew some of his friends and relatives. Ellen and Williams will have a falling out in late 1998 on an unrelated manner, and Ellen’s flow of information will stop. (Priest and Leiby 5/24/2002; Thomas 5/24/2002; Lance 2003, pp. 211, 352-355, inset 21)

Fox News logo.Fox News logo. [Source: Fox News]Fox News begins broadcasting on US cable television. Fox News provides 24-hour news programming alongside the nation’s only other such cable news provider, CNN. Fox executive Roger Ailes, a former campaign adviser for Richard Nixon, Ronald Reagan and George H. W. Bush (see 1968, January 25, 1988, and September 21 - October 4, 1988), envisions Fox News as a conservative “antidote” to what he calls the “liberal bias” of the rest of American news broadcasting. Ailes uses many of the methodologies and characteristics of conservative talk radio, and brings several radio hosts on his channel, including Sean Hannity and Bill O’Reilly, to host television shows. (Jamieson and Cappella 2008, pp. 47; Sherman 5/22/2011) Referring to Ailes’s campaign experience, veteran Republican consultant Ed Rollins later says: “Because of his political work, he understood there was an audience. He knew there were a couple million conservatives who were a potential audience, and he built Fox to reach them.” (Sherman 5/22/2011)
Ailes Planned for Fox News as Far Back as 1970 - Ailes began envisioning a conservative news provider to counter what he considers the mainstream media’s “liberal bias” as early as 1970, when he became heavily involved with a Nixon administration plan to plant conservative propaganda in news outlets across the nation (see Summer 1970). In 1971, he headed a short-lived private conservative television news network, Television News Incorporated (TVN—see 1971-1975), which foundered in 1975 in part because of its reporters and staffers balking at reporting Ailes-crafted propaganda instead of “straight” news. Ailes told a New York Times reporter in 1991 that he was leaving politics, saying: “I’ve been in politics for 25 years. It’s always been a detour. Now my business has taken a turn back to my entertainment and corporate clients.” But Ailes misinformed the reporter. He continued to work behind the scenes on the 1992 Bush re-election campaign, providing the campaign with attack points against Democratic contender Bill Clinton (D-AR) and earning the nickname “Deep Throat” from Bush aides. Though Ailes did do work in entertainment, helping develop tabloid television programs such as The Maury Povich Show and heading the cable business news network CNBC for three years, Ailes has continued to stay heavily involved in Republican politics ever since. Ailes became involved in the creation of Fox News in early 1996 after he left NBC, which had canceled his show America’s Talking and launched a new cable news network, MSNBC, without asking for Ailes’s involvement. Fox News is owned by News Corporation (sometimes abbreviated NewsCorp), an international media conglomerate owned by conservative billionaire Rupert Murdoch. When NBC allowed Ailes to leave, Jack Welch, the chairman of NBC’s parent company General Electric, said, “We’ll rue the day we let Roger and Rupert team up.” Murdoch has already tried and failed to buy CNN, and has already begun work on crafting news programs with hard-right slants, such as a 60 Minutes-like show that, reporter Tim Dickinson will write, “would feature a weekly attack-and-destroy piece targeting a liberal politician or social program.” Dan Cooper, the managing editor of the pre-launch Fox News, later says, “The idea of a masquerade was already around prior to Roger arriving.” Eric Burns, who will work for ten years as a Fox News media critic before leaving the network, will say in 2011: “There’s your answer right there to whether Fox News is a conventional news network or whether it has an agenda. That’s its original sin.” To get Fox News onto millions of cable boxes at once, Murdoch paid hundreds of millions of dollars to cable providers to air his new network. Murdoch biographer Neil Chenoweth will later write: “Murdoch’s offer shocked the industry. He was prepared to shell out half a billion dollars just to buy a news voice.” Dickinson will write, “Even before it took to the air, Fox News was guaranteed access to a mass audience, bought and paid for.” Ailes praised Murdoch’s “nerve,” saying, “This is capitalism and one of the things that made this country great.” (Sherman 5/22/2011; Dickinson 5/25/2011)
Using Conservative Talk Radio as Template - In 2003, NBC’s Bob Wright will note that Fox News uses conservative talk radio as a template, saying: “[W]hat Fox did was say, ‘Gee, this is a way for us to distinguish ourselves. We’re going to grab this pent-up anger—shouting—that we’re seeing on talk radio and put it onto television.’” CBS News anchor Dan Rather will be more critical, saying that Fox is a reflection of Murdoch’s own conservative political views. “Mr. Murdoch has a business, a huge worldwide conglomerate business,” Rather says. “He finds it to his benefit to have media outlets, press outlets, that serve his business interests. There’s nothing wrong with this. It’s a free country. It’s not an indictable offense. But by any clear analysis the bias is towards his own personal, political, partisan agenda… primarily because it fits his commercial interests.” (Auletta 5/26/2003)
Putting Ideology Over Journalistic Ethics, Practices - Ailes, determined not to let journalists with ethical qualms disrupt Fox News as they had his previous attempt at creating a conservative news network (see 1971-1975), brought a hand-picked selection of reporters and staffers with demonstrable conservative ideologies from NBC, including business anchor Neil Cavuto and Steve Doocy, who hosts the morning talk show “Fox and Friends.” Both Cavuto and Doocy are Ailes loyalists who, Dickinson will say, owe their careers to Ailes. Ailes then tapped Brit Hume, a veteran ABC correspondent and outspoken conservative, to host the main evening news show, and former Bush speechwriter Tony Snow as a commentator and host. John Moody, a forcefully conservative ABC News veteran, heads the newsroom. Ailes then went on a purge of Fox News staffers. Joe Peyronnin, who headed the network before Ailes displaced him, later recalls: “There was a litmus test. He was going to figure out who was liberal or conservative when he came in, and try to get rid of the liberals.” Ailes confronted reporters with suspected “liberal bias” with “gotcha” questions such as “Why are you a liberal?” Staffers with mainstream media experience were forced to defend their employment at such venues as CBS News, which he calls the “Communist Broadcast System.” He fired scores of staffers for perceived liberal leanings and replaced them with fiery young ideologues whose inexperience helps Ailes shape the network to his vision. Before the network aired its first production, Ailes had a seminal meeting with Moody. “One of the problems we have to work on here together when we start this network is that most journalists are liberals,” he told Moody. “And we’ve got to fight that.” Reporters and staffers knew from the outset that Fox, despite its insistence on being “fair and balanced” (see 1995), was going to present news with a conservative slant, and if that did not suit them, they would not be at Fox long. A former Fox News anchor later says: “All outward appearances were that it was just like any other newsroom. But you knew that the way to get ahead was to show your color—and that your color was red.” The anchor refers to “red” as associated with “red state,” commonly used on news broadcasts to define states with Republican majorities. Ailes will always insist that while his network’s talk-show hosts, such as O’Reilly, Hannity, and others, are frankly conservative, Fox’s hard-news shows maintain what he calls a “bright, clear line” that separates conservative cant from reported fact. In practice, this is not the case. Before Fox aired its first broadcast, Ailes tasked Moody to keep the newsroom in line. Early each morning, Ailes has a meeting with Moody, often with Hume on speakerphone from the Washington office, where the day’s agenda is crafted. Moody then sends a memo to the staff telling them how to slant the day’s news coverage according to the agenda of those on “the Second Floor,” as Ailes and his vice presidents are known. A former Fox anchor will later say: “There’s a chain of command, and it’s followed. Roger talks to his people, and his people pass the message on down.” After the 2004 presidential election, Bush press secretary Scott McClellan will admit, “We at the White House were getting them talking points.”
Targeting a Niche Demographic - Fox New’s primary viewership defies most demographic wisdom. According to information taken in 2011, it averages 65 years of age (the common “target demographic” for age is the 18-24 bracket), and only 1.38% of its viewers are African-American. Perhaps the most telling statistics are for the Hannity show: 86% describe themselves as pro-business, 84% believe government “does too much,” 78% are “Christian conservatives,” 78% do not support gay rights, 75% are “tea party backers,” 73% support the National Rifle Association, 66% lack college degrees, and 65% are over age 50. A former NewsCorp colleague will say: “He’s got a niche audience and he’s programmed to it beautifully. He feeds them exactly what they want to hear.” Other polls from the same time period consistently show that Fox News viewers are the most misinformed of all news consumers, and one study shows that Fox News viewers become more misinformed the more they watch the network’s programming.
Ailes's Security Concerns Affect Operations, Broadcasting - Ailes is uncomfortable in his office, a second-floor corner suite in the Fox News building at 1211 Avenue of the Americas in Manhattan. His office is too close to the street for his tastes; he believes that gay activists intend to try to harm him, either by attacks from outside the building or through assaults carried out from inside. He also believes that he is a top target for al-Qaeda assassins. Ailes barricades himself behind an enormous mahogany desk, insists on having “bombproof” glass installed in the windows, surrounds himself with heavily-armed bodyguards, and carries a firearm (he has a concealed-carry permit). A monitor on his desk shows him what is transpiring outside his office door; once, when he sees a dark-skinned man wearing what he thought was Muslim garb on the monitor, he will order an immediate lockdown of the entire building, shouting, “This man could be bombing me!” The man will turn out to be a janitor. A source close to Ailes will say, “He has a personal paranoia about people who are Muslim—which is consistent with the ideology of his network.” A large security detail escorts him daily to and from his Garrison, New Jersey home to his Manhattan offices; in Garrison, his house is surrounded by empty homes Ailes has bought to enhance his personal security. According to sources close to Ailes, Fox News’s slant on gay rights and Islamist extremism is colored by Ailes’s fear and hatred of the groups.
'We Work for Fox' - Sean Wilentz, a Princeton historian and Reagan biographer, will say: “Fox News is totalized: It’s an entire network, devoted 24 hours a day to an entire politics, and it’s broadcast as ‘the news.’ That’s why Ailes is a genius. He’s combined opinion and journalism in a wholly new way—one that blurs the distinction between the two.” Dickinson will write: “Fox News stands as the culmination of everything Ailes tried to do for Nixon back in 1968. He has created a vast stage set, designed to resemble an actual news network, that is literally hard-wired into the homes of millions of America’s most conservative voters. GOP candidates then use that forum to communicate directly to their base, bypassing the professional journalists Ailes once denounced as ‘matadors’ who want to ‘tear down the social order’ with their ‘elitist, horse-dung, socialist thinking.’ Ironically, it is Ailes who has built the most formidable propaganda machine ever seen outside of the Communist bloc, pioneering a business model that effectively monetizes conservative politics through its relentless focus on the bottom line.” Former Bush speechwriter David Frum will observe: “Republicans originally thought that Fox worked for us. Now we’re discovering that we work for Fox.” (Sherman 5/22/2011; Dickinson 5/25/2011)

On several occasion between 1996 and 1999, future 9/11 hijacker Hani Hanjour attends flight schools in Arizona (see October 1996-December 1997 and 1998). The 9/11 Commission will later note, “It is clear that when Hanjour lived in Arizona in the 1990s, he associated with several individuals who have been the subject of counterterrorism investigations.” Some of the time, he is accompanied by two friends, Bandar Al Hazmi and Rayed Abdullah. Al Hazmi and Abdullah have been friends with each other in high school in Saudi Arabia, but it is not known if either knew Hanjour before moving to the US. Al Hazmi and Hanjour are roommates for a time. Al Hazmi will finish his training and leave the US for the last time in January 2000 (he apparently will be interviewed overseas in 2004). Abdullah becomes a leader of a Phoenix mosque where he reportedly gives extremist speeches. He will continue to train with Hanjour occasionally through the summer of 2001. The FBI apparently will investigate him in May 2001. He will repeatedly be questioned by authorities after 9/11, then move to Qatar. In 2004, the 9/11 Commission will report that the FBI remains suspicious of Al Hazmi and Abdullah, but neither man is charged with any crime. The 9/11 Commission will also imply that another of Hanjour’s Arizona associates is al-Qaeda operative Ghassan al Sharbi. Al Sharbi will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). He apparently is a target of Ken Williams’s “Phoenix memo”(see July 10, 2001). Another associate of Hanjour’s, Hamed al Sulami, is in telephone contact with a radical Saudi imam who is said to be the spiritual advisor to al-Qaeda leader Abu Zubaida. This imam may have a role in recruiting some of the 9/11 hijackers. Abdulaziz Alomari, for instance, was a student of this imam. It seems that al Sulami is also a target of Williams’s memo. (Fainaru and Ibrahim 9/10/2002; US Congress 9/26/2002; 9/11 Commission 7/24/2004, pp. 233, 520-521, 529)

Senior al-Qaeda operatives establish a front company called Maram in Istanbul, Turkey, as a travel agency and import-export business. Investigators will later say they suspect that the company may be involved in efforts to obtain material for nuclear weapons and that it provides money and other assistance to radicals traveling between Europe and training camps in Afghanistan. Turkish intelligence and several foreign agencies are aware that militants transit Turkey at this time and some of them are under surveillance (see 1996, 1995-2000, and Mid-1996), but it is unclear whether Maram itself is monitored. The company, which receives a donation of US$ 1.25 million from Saudi businessman Yassin al-Qadi (see January-August 1998), is established by Mamdouh Mahmud Salim, one of al-Qaeda’s founding members (see August 11-20, 1988), who is said to have a history of moving money and shopping for weapons for the organization. A few months later he transfers shares in the company to two other men. One is Wael Hamza Julaidan, a Saudi businessman also said to be a founder of al-Qaeda; the US will officially designate Julaidan a financial supporter of al-Qaeda in 2002 (see September 6, 2002). The other transferee is Mohammed Bayazid, another founder of al-Qaeda and a US citizen who was arrested in the US in 1994 and then let go (see December 16, 1994). (Frantz 9/19/2002) For a time before November 1998, toll records for the Illinois office of the Benevolence International Foundation (BIF) show telephone contact with a number in Turkey associated with Bayazid. Phone records indicate Bayazid moves to Turkey around April 1998. (USA v. Benevolence International Foundation and Enaam M. Arnaout 4/29/2002, pp. 16-17 pdf file) US intelligence has been interested in BIF’s ties to al-Qaeda since at least 1993 (see 1993 and 1998), but apparently misses its links to Maram while the company is still open. After Salim is arrested in Germany in 1998 (see September 16, 1998), the company clears out its offices. A neighbor says, “I just came one morning and saw the office was empty. Nobody knows what happen[ed].” (Frantz 9/19/2002)

US intelligence begins monitoring telephones connected to the Kenyan branch of the charity Mercy International. By mid-1996, US intelligence began wiretapping telephones belonging to Wadih El-Hage, an al-Qaeda operative living in Nairobi, Kenya, and the NSA is also monitoring bin Laden’s satellite phone. By the end of 1996, the number of monitored phones in Kenya increases to five, and two of those are to Mercy International’s offices. What led investigators to this charity is unknown, and details of the calls have never been revealed. (Weiser 1/13/2001) The Mercy International office will be raided shortly after the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), and incriminating files belonging to El-Hage will be found there (see October 1997). It will be discovered that the office worked closely with al-Qaeda. For instance, it issued identity cards for al-Qaeda leaders Ali Mohamed, Mohammed Atef, and even bin Laden himself. (Bergen 2001, pp. 140; Huband 11/28/2001) An al-Qaeda defector, L’Houssaine Kherchtou, will testify in a 2001 trial that al-Qaeda was heavily interacting with Mercy International’s Kenya branch, and a number of employees there, including the manager and accountant, were actually al-Qaeda operatives. (United State of America v. Usama bin Laden, et al., Day 8 2/21/2001) A receipt dated just two weeks before the embassy bombings made a reference to “getting the weapons from Somalia.” (Weiser 1/22/2000) Most crucially, there were a number of calls between Mercy director Ahmad Sheik Adam and bin Laden. (Kelley 2/16/2000) And Adam’s mobile phone was used 12 times by El-Hage to speak to bin Laden or his associates. Presumably, such calls would have drawn obvious attention to the Kenya al-Qaeda cell and their embassy attack plans, yet none of the cell members were arrested until after the attack. The Kenya branch of Mercy International will be shut down by the end of 1998, but in 2001 it will be reported that Adam continues to live in Kenya and has not been arrested. (Agence France-Presse 12/17/1998; BBC 1/3/2001)

Future 9/11 hijacker Hani Hanjour begins associating with an unnamed individual who is later mentioned in FBI agent Ken Williams’s famous “Phoenix memo” (see July 10, 2001). Hanjour and this individual train at flight schools in Arizona (see October 1996-December 1997 and 1998). Several flight instructors will later note that the two were associates and may have carpooled together. They are known to share the same airplane on one occasion in 1999, and are at the school together on other occasions. The unnamed individual leaves the US in April 2000. In May 2001, the FBI attempts to investigate this person, but after finding out that he has left the US, it declines to open a formal investigation. The person’s name is not placed on a watch list, so the FBI is unaware that he returns in June and stays in the US for another month. By this time, he is an experienced flight instructor who is certified to fly Boeing 737s. The FBI speculates he may return to evaluate Hanjour’s flying skills or provide final training before 9/11. There is considerable circumstantial evidence placing this person near Hanjour in July 2001. (US Congress 7/24/2003 pdf file) This unnamed individual may be Lofti Raissi, as several details match him perfectly. For instance, Raissi is a flight instructor who left the US in April 2000, is later accused of having shared an airplane with Hanjour in 1999, and is accused of being with Hanjour in July 2001. (Gillan 1/31/2002) In addition, according to FBI investigators, Raissi engages in a number of suspicious activities during this period that will justify scrutiny after 9/11. For example, in June 2000, while training at a British flight school, he reportedly asks, “if a plane flies into a building, whether it is the responsibility of the airline or the pilot,” and warns that “America will get theirs.” (9/11 Commission 1/5/2004) Raissi will be arrested in Britain after 9/11 and accused of training Hanjour and other hijackers how to fly, but the case against him will collapse in April 2002. He will be released, and many of the allegations against him will be withdrawn (see September 21, 2001). No media accounts will report that Raissi was mentioned in the Phoenix memo or wanted for an FBI investigation before 9/11.

The CIA again asks the NSA for part of the transcripts of calls between Osama bin Laden in Afghanistan and al-Qaeda’s operations center in Yemen. The NSA has been intercepting the calls for some time (see Between May and December 1996), but refuses to share the intelligence with Alec Station, the CIA’s bin Laden unit, in usable form (see December 1996). During the calls, the al-Qaeda operatives talk in a simplistic code, but the NSA apparently does not decrypt the conversations, and only gives Alec Station meaningless summaries of the calls (see February 1996-May 1998). Without the transcripts, Alec Station cannot crack the code and figure out what the operatives are really talking about. As a result, the CIA built a duplicate ground station in the Indian Ocean, and is replicating half of the NSA’s intelligence take on the calls (see After December 1996). However, it cannot obtain the other end of the calls without a satellite. Alec Station chief Michael Scheuer will say, “We would collect it [one end of the calls], translate it, send it to NSA, and ask them for the other half of it, so we could better understand it, but we never got it.” Author James Bamford will comment: “And so the CIA, Mike Scheuer, went back to NSA and said look,… we’re able to get… half the conversations here, but we still need the other half, and NSA still wouldn’t give them the other half. I mean this is absurd, but this is what was going on.” (Antiwar 10/22/2008; PBS 2/3/2009)

Bill Clinton is re-inaugurated as president. An extensive set of security measures to prevent airplanes as weapons crashing into the inauguration is used. These measures, first used at the 1996 Atlanta Olympics and thus referred to as the “Atlanta Rules,” include the closing of nearby airspace, the use of intercept helicopters, the basing of armed fighters nearby, and more. This plan will later be used for the 1999 North Atlantic Treaty Organization’s 50th anniversary celebration in Washington, the 2000 Republican convention in Philadelphia, the 2000 Democratic convention in New York, and the George W. Bush inauguration in 2001. (Clarke 2004, pp. 110-11; Paltrow 4/1/2004)
Plans for Permanent Air Defense Unit Rejected - At some point near the end of the Clinton administration, the Secret Service and Customs Service will agree to create a permanent air defense unit to protect Washington. However, these agencies are part of the Treasury Department, and the leadership there will refuse to fund the idea. White House counterterrorism “tsar” Richard Clarke will later recount: “Treasury nixed the air defense unit, and my attempts within the White House to overrule them came to naught. The idea of aircraft attacking in Washington seemed remote to many people and the risks of shooting down aircraft in a city were thought to be far too high.” The permanent unit will not be created until after 9/11. (Clarke 2004, pp. 131; Paltrow 4/1/2004)

Mustafa Fadhil.Mustafa Fadhil. [Source: FBI]US intelligence is monitoring the phones of an al-Qaeda cell in Kenya (see April 1996 and Late 1996-August 1998), as well as the phones of Osama bin Laden and other al-Qaeda leaders in Afghanistan (see November 1996-Late August 1998). Between January 30 and February 3, 1997, al-Qaeda leader Mohammed Atef calls Wadih El-Hage, the leader of the Kenyan cell, several times. El-Hage then flies to Pakistan and on February 4, he is monitored calling Kenya and gives the address of the hotel in Peshawar where he is staying. On February 7, he calls Kenyan cell member Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) and says he is still in Peshawar, waiting to enter Afghanistan and meet al-Qaeda leaders. (United States of America v. Usama Bin Laden, et al., Day 37 5/1/2001) Then, later on February 7, Fazul calls cell member Mohammed Saddiq Odeh. According to a snippet of the call discussed in a 2001 trial, Fazul informs Odeh about a meeting between the “director” and the “big boss,” which are references to El-Hage and Osama bin Laden respectively. In another monitored call around this time, Fazul talks to cell member Mustafa Fadhil, and they complain to each other that Odeh is using a phone for personal business that is only meant to be used for al-Qaeda business. Then, on February 21, El-Hage is back in Kenya and talks to Odeh on the phone in another monitored call. (United States of America v. Usama Bin Laden, et al., Day 37 5/1/2001; United States of America v. Usama Bin Laden, et al., Day 39 5/3/2001)

In February 1997, Wadih El-Hage, Osama bin Laden’s former personal secretary now living in Kenya and working on an al-Qaeda bomb plot, goes to Afghanistan and visits bin Laden and al-Qaeda leader Mohammed Atef (see February 7-21, 1997). He returns to Kenya with a seven-page report from Atef, al-Qaeda’s military commander, that details al-Qaeda’s new ties to the Taliban. Atef writes: “We wish to put our Muslim friends in the picture of the events, especially that the media portrayed an untrue image about the Taliban movement. Our duty towards the movement is to stand behind it, support it materially and morally.” On February 25, 1997, El-Hage faxes the report to some associates with the suggestion that it be shared with the “brothers in work.” US intelligence is monitoring El-Hage’s phone and learns the contents of the fax and whom it is sent to. The fax is sent to:
bullet Ali Mohamed, the US-al-Qaeda double agent living in California. Mohamed has already been under surveillance since 1993 for his al-Qaeda ties (see Autumn 1993). He will not be arrested until one month after the 1998 African embassy bombings (see September 10, 1998).
bullet Ihab Ali Nawawi, an apparent al-Qaeda operative living in Orlando, Florida. It is not known if Nawawi is monitored after this, but communications between him, Mohamed, and El-Hage are discovered in January 1998 (see January 1998). He will not be arrested until May 1999 (see May 18, 1999).
bullet Farid Adlouni. He is a civil engineer living in Lake Oswego, Oregon. In 1996 and 1997, El-Hage calls Adlouni in Oregon 72 times, sometimes just before or after meeting with bin Laden. Later in 1997, Adlouni’s home phone and fax numbers will be found in two personal phone directories and one notebook kept by El-Hage (see Shortly After August 21, 1997). Records show that El-Hage has extensive dealings with Adlouni, mostly by selling gems El-Hage bought in Africa for a better price in the US. The FBI interviews Adlouni twice in late 1997, but he is not arrested. As of 2002, it will be reported that he continues to live in Oregon and remains a “person of interest” and subject of investigation by the FBI.
bullet Other copies of the fax are sent to associates in Germany, but they have not been named. Apparently these contacts do not result in any arrests, as there are no known arrests of al-Qaeda figures in Germany in 1997. (Zaitz 9/13/2002)

Apparently, this is news video of Mohammed Haydar Zammar taken shortly after 9/11.Apparently, this is news video of Mohammed Haydar Zammar taken shortly after 9/11. [Source: UE-TV]An investigation of al-Qaeda contacts in Hamburg by the Office for the Protection of the Constitution (BfV), Germany’s domestic intelligence service, begins at least by this time (Germany refuses to disclose additional details). The investigation is called Operation Zartheit (Operation Tenderness), and it was started by a tip about Mohammed Haydar Zammar from Turkish intelligence (see 1996). (New York Times 1/18/2003)
Zammar Linked to Hamburg 9/11 Cell and Bin Laden - It is later believed that Zammar, a German of Syrian origin, is a part of the Hamburg al-Qaeda cell. (Rotella 1/14/2003) Zammar will later claim that he recruited 9/11 hijacker Mohamed Atta and others into the cell. (Washington Post 6/12/2002) German intelligence is aware that he was personally invited to Afghanistan by bin Laden. (Schrom and Laabs 2/2/2003) The investigation into Zammar allegedly stops in early 2000, after investigators conclude they don’t have enough evidence to convict him of any crime. (Stark 11/21/2005)
CIA Involved with Zammar Operation - Vanity Fair will later claim that “A lone CIA agent, the Germans disclose, attempted to work alongside them” in Operation Zartheit, but German “requests for greater information and cooperation from the CIA, they claim, came to naught.” (Zeman et al. 11/2004) This CIA agent is probably Thomas Volz, who is the CIA’s undercover agent in Hamburg at the time (see December 1999).

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; Dittmara 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. (Goldstein 11/22/2001; Fire Engineering 3/2002) The SOC is an elite group of firefighters who respond to unique fire and emergency situations. (Rifilato 7/13/2007; Smithsonian 8/31/2013) Its members are trained to deal with catastrophes. (McPhee 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. (Goldstein 11/22/2001)

Opening statements are 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).
Heavy Security - Security in and around the Byron Rogers Federal Building and Courthouse in Denver, where the trial is being held, is tight. Roads and sidewalks approaching the building are blocked off. Special credentials are needed to walk around certain areas inside the courthouse. Pedestrian traffic in and out of the federal office next door is constrained with a heavy police presence. Federal officers look under the hoods of cars and check beneath vehicles with mirrors on the streets surrounding the building. Concrete barriers prevent vehicles from getting too close to the building. Even the nearby manhole covers are sealed shut. (CNN 4/17/1997; Serrano 1998, pp. 274)
Jury Makeup - The jury (see March 31, 1997 and After) is composed of seven men and five women; their identities and personal information have been shielded so they can avoid being sequestered. Six alternate jurors—three men and three women—are also available. The jurors include a retired teacher, a registered nurse, an auto mechanic, a real estate manager, and a store manager who served in the Air Force. Several are military veterans. One said during jury selection that he hopes the trial will not turn McVeigh into another victim: “I believe there have been enough victims. We don’t need another one.” James Osgood, the jury foreman and store manager, believes in mandatory gun ownership. (Like the other members of the jury, Osgood’s identity will not be revealed until after the trial is concluded.) Several expressed their doubts and worry about being able to impose the death penalty if McVeigh is convicted. Some 100 potential jurors were screened to create this jury of 12 members and six alternates. As the trial commences, McVeigh greets the jury by saying, “Good morning.” He will not speak to them again during the trial. Judge Richard P. Matsch begins by saying: “We start the trial, as we are today, with no evidence against Timothy McVeigh. The presumption of innocence applies.” (Washington Post 4/23/1997; Thomas 4/23/1997; Serrano 1998, pp. 275; Douglas O. Linder 2001)
Prosecution: McVeigh a Cold, Calculating Terrorist - Lead prosecutor Joseph Hartzler begins with an emotional evocation of the bombing and the story of one of the victims, Tevin Garrett, a 16-month-old child who cried when his mother Helena Garrett left him at the Murrah Building’s day care center. The mothers could wave at their children through the day care’s glass windows, Hartzler says. “It was almost as if you could reach up and touch the children. None of those parents ever touched their children again while they were alive.” He says of Tevin Garrett’s mother, “She remembers this morning [the morning of the bombing] because it was the last morning of [Tevin’s] life” (see 9:02 a.m. - 10:35 a.m. April 19, 1995). Hartzler wastes little time in slamming McVeigh as a “twisted,” calculating terrorist who murdered 168 people in the hope of starting a mass uprising against the US government. McVeigh, Hartzler says, “chose to take their innocent lives to serve his own twisted purposes.… In plain and simple terms, it was an act of terror and violence, intended to serve a selfish political purpose. The man who committed this act is sitting in this courtroom behind me. He is the one who committed those murders.” Hartzler says that McVeigh blew up a federal building in Oklahoma City to avenge the federal assault on the Branch Davidian religious compound outside Waco, Texas (see April 19, 1993, April 19, 1993 and After, and April 24, 1995). “Across the street, the Ryder truck was there to resolve a grievance,” Hartzler says. “The truck was there to impose the will of Timothy McVeigh on the rest of America and to do so by premeditated violence and terror, by murdering innocent men, women, and children, in hopes of seeing blood flow in the streets of America.” He notes that McVeigh carried an excerpt from the violently racist novel The Turner Diaries (see 1978) that depicts the bombing of FBI headquarters in Washington. Hartzler reads the following line from the excerpt: “The real value of our attack lies in the psychological impact, not in the immediate casualties.” Hartzler also notes the T-shirt McVeigh wore when he was arrested, a shirt that Hartzler says “broadcast his intentions.” On the front was a likeness of Abraham Lincoln and on the back a quote from Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” Drops of scarlet blood dripped from a picture of a tree. Investigators found traces of residue on McVeigh’s shirt, in his pants pockets, and on a set of earplugs found in his pocket (see Early May 1995 and After). Hartzler reads from a document McVeigh had written on a computer belonging to his sister, Jennifer (see November 1994). In a letter addressed to the Bureau of Alcohol, Tobacco and Firearms, McVeigh wrote: “All you tyrannical [expletive], you’ll swing in the wind one day for your treasonous attacks against the Constitution of the United States.… Die, you spineless, cowardice [sic] b_stards” (see May 5-6, 1997). Hartzler says the trial has nothing to do with McVeigh’s beliefs or his freedoms of expression: “We aren’t prosecuting him because we don’t like his thoughts. We’re prosecuting him because his hatred boiled into violence.” Of the innocent victims, Hartzler tells the jury that McVeigh “compared them to the storm troopers in [the popular science fiction movie] Star Wars (see October 21 or 22, 1994). Even if they are innocent, they work for an evil system and have to be killed.” Hartzler moves to preempt expected defense attacks on the prosecution’s star witness, Michael Fortier (see After May 6, 1995, May 19, 1995 and August 8, 1995), on reports that evidence was mishandled by an FBI crime lab (see January 27, 1997), and the failure to identify or apprehend the now-infamous “John Doe No. 2” (see June 14, 1995). Hartzler concludes: “Timothy McVeigh liked to consider himself a patriot, as someone who could start a second American revolution. Ladies and gentlemen, statements from our forefathers can never be twisted to justify warfare against women and children. Our forefathers didn’t fight British women and children. They fought other soldiers, they fought them face to face, hand to hand. They didn’t plant bombs and then run away wearing earplugs” (see Early May 1995 and After) Hartzler returns to the prosecutors’ table; Matsch calls a brief recess.
Defense: McVeigh Innocent, Framed by Lies - McVeigh’s attorney, Stephen Jones, tells the jury that McVeigh is innocent, and says that McVeigh’s views fall within the “political and social mainstream.” Like Hartzler, he begins with the story of a mother who lost one of her two children in the bombing, saying that the mother saw someone other than McVeigh outside the Murrah Building before the bomb went off. “I have waited two years for this moment,” Jones says, and says he will prove that other people, not McVeigh, committed the bombing. Jones sketches McVeigh’s biography, focusing on his exemplary military service and the bitter disappointment he suffered in not being accepted in the Army’s Special Forces (see January - March 1991 and After). It was after he left the Army, Jones says, that McVeigh began to steep himself in political ideology. But far from being an extremist, Jones says, McVeigh began to study the Constitution. The shirt he wore when he was arrested bore the motto “Sic Semper Tyrannis,” but that is not merely a revolutionary slogan, Jones notes: it is the motto of the State of Virginia. McVeigh was “extremely upset” over what he viewed as government abuses of individual liberty, Jones admits, but says it was no different from how “millions of people fear and distrust the government.” McVeigh’s statement that “something big was going to happen” (see Mid-December 1994, March 25, 1995 and After, and April 15, 1995) had nothing to do with the bombing, Jones says, but was merely a reflection of the increasing anxiety and concern he was seeing among his friends and fellow political activists, all of whom believed “that the federal government was about to initiate another Waco raid, except this time on a different scale” (see April 19, 1993 and April 19, 1993 and After). “[B]eing outraged is no more an excuse for blowing up a federal building than being against the government means that you did it.” Jones spends much of his time attacking Fortier’s credibility as well as the consistency of other prosecution witnesses, saying that they will give “tailored testimony” crafted by the government to bolster its case, and focuses on the reports of crime lab mishandling of key evidence (see April 16, 1997): “The individuals responsible for the evidence… contaminated it… manipulated it, and then they engaged in forensic prostitution,” he says. After the case is done, Jones says, the jury will see that the evidence shows, “not just reasonable doubt, but that my client is innocent.” He closes by reminding the jury, “Every pancake has two sides.” (Romano and Kenworthy 4/25/1997; Thomas 4/25/1997; Serrano 1998, pp. 275-280; Douglas O. Linder 2006)

One of the prosecution’s star witnesses in the Timothy McVeigh bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) testifies. Lori Fortier, the wife of McVeigh’s friend and fellow conspirator Michael Fortier, tells the jury that one night in October 1994, McVeigh sat in her Kingman, Arizona, living room and told her and her husband he was going to blow up the Murrah Federal Building in Oklahoma City. “He drew a diagram, just a box,” she says, “and he filled the box with [soup cans] representing barrels” (see (February 1994)). The box represented the truck he would park in front of the building, and the barrels would be filled with ammonium hydrate and anhydrous hydrazine, a chemical used in rocket fuel. She says she remembers the names of the chemicals because McVeigh borrowed her dictionary the next day to look them up. McVeigh, she says, chose the Murrah Building because it was, in his estimation, “an easy target.” Lori Fortier testifies after being given a grant of immunity (see August 8, 1995); her husband Michael, also cooperating with the investigation and slated to testify, received a plea agreement in return for his cooperation (see May 19, 1995). She also says McVeigh was furious with the federal government over the Branch Davidian tragedy (see April 19, 1993, April 19, 1993 and After, and April 24, 1995), and thought the Murrah Building was the workplace of some of the law enforcement agents involved in the Davidian standoff. She says that McVeigh’s fellow conspirator, Terry Nichols, helped McVeigh in several robberies that the two used to buy the bomb materials (see November 5, 1994), but at the last minute, McVeigh told her and her husband that “Terry wanted out and Terry did not want to mix the bomb” (see March 1995). Her husband also refused to help McVeigh in his getaway after the bombing. She recalls her husband joining McVeigh in building and exploding pipe bombs in the mountains, and remembers a September 1994 letter to her husband from McVeigh in which McVeigh “said he wanted to take action against the government” (see September 13, 1994). Weeks later, McVeigh told the Fortiers that he wanted to blow up a government building. “I think Michael told him he was crazy,” she testifies. She also remembers laminating a fake driver’s license for McVeigh with the name “Robert D. Kling,” an alias McVeigh used to rent the Ryder truck used to deliver the bomb (see Mid-March, 1995, April 15, 1995, 9:03 a.m. -- 10:17 a.m. April 19, 1995, and February 19, 1997). Asked if she feels any responsibility for the bombing, she admits, “I could have stopped it.” She says she didn’t believe McVeigh was capable of actually executing such an action. “I wish I could have stopped it now. If I could do it all over again, I would have.” Fortier holds up under four hours of harsh cross-examination by McVeigh’s lawyer Stephen Jones, who paints her as an unreliable drug addict who had hoped to profit from her and her husband’s knowledge of the bombing and continues to hammer at her over her admission that she could have called authorities and stopped the bombing. Fortier admits to using drugs, and to lying about McVeigh shortly after the attack, explaining that she did so for fear that she and her husband would be implicated. “I never had any interest in selling my story,” she says. (University of Missouri-Kansas City School of Law 4/29/1997; Thomas 4/30/1997; Thomas 5/1/1997; Thomas 5/8/1997; Serrano 1998, pp. 284-286)

David EdgerDavid Edger [Source: Daily Oklahoma (2002)]David Edger, a veteran CIA operative, is nominated chief of station at the US embassy in Berlin. (Pincus 5/1/1997) Previously, Edger had been associate deputy director for operations in the Directorate of Operations (DO) since July 1995. (Superville 7/31/1995) The DO is the clandestine operations arm of the CIA. (Tenet 2007, pp. 18) Many reports in the German and international press indicate that the CIA was monitoring members of the Hamburg cell in the years before 9/11 and tried to recruit informers (see November 1, 1998-February 2001 and December 1999). Although press reports do not mention him by name, these efforts would have been overseen by Edger. He will later say that the CIA tracked some of the people responsible for the 9/11 attacks in Germany (see February 12, 2002). Edger will stay in this position until the summer of 2001, when he is appointed to the University of Oklahoma (see August 2001).

Prosecutors in the Timothy McVeigh bombing trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) bring on a number of witnesses that show McVeigh was the telephone caller who reserved the Ryder rental truck that carried the Oklahoma City bomb (see April 15, 1995). Both McVeigh and accused co-conspirator Terry Nichols used a telephone debit cart issued under the alias “Daryl Bridges” by The Spotlight, a racist newsletter published by the far-right Liberty Lobby (see August 1994). A telephone debit card is pre-paid and makes it difficult to put together a record of billed calls. Twenty-nine representatives from telephone companies explain how they gathered records related to the case. Frederic Dexter, a computer expert from the FBI who worked on telephone reconstructions on the Unabomber (see April 3, 1996) and World Trade Center bombing (see February 26, 1993 and February 7, 1995) cases, explains how his team had reassembled the records for 647 calls billed to the Daryl Bridges card, sifting through tens of thousands of computerized bits of data. A representative from the long-distance company Sprint tells of a call to the debit card’s toll-free number on the morning of April 14, 1995 from a pay phone in Junction City, Kansas, the same morning that someone called a Junction City truck rental office to reserve the Ryder truck that carried the bomb (see April 13, 1995). At the time, prosecutors say, McVeigh was a block away, buying a car, and had stepped out for a few minutes. The call was made at 9:54 a.m.; phone records show that only two calls came into the rental office that day, one at 9:54 a.m. and the other in the afternoon. The technical testimony is broken by the emotional testimony of a survivor of the blast, former Army Captain Lawrence Martin, who was severely injured when the bomb went off. Martin breaks down in tears while recalling the last moments of life of his friends and colleagues in the Murrah Building. (Thomas 5/8/1997)

One of the star witnesses for the prosecution in the trial of Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997), McVeigh’s close friend Michael Fortier (see March 24, 1988 - Late 1990), testifies. Fortier’s wife Lori has testified previously (see April 29-30, 1997). She received a grant of immunity, and Fortier himself pled guilty to reduced charges in return for his cooperation (see May 19, 1995). Far from being boisterous and disrespectful during the trial as he once claimed he would be (see April 23 - May 6, 1995), Fortier is somber and repentant. Fortier testifies that he and McVeigh “cased” the Murrah Building in Oklahoma City several months before McVeigh bombed it (see December 16, 1994 and After), and says that McVeigh bombed the building “to cause a general uprising in America.” McVeigh originally planned to bomb the building around 11 a.m. because, Fortier testifies, “everybody would be getting ready for lunch.” Fortier says he expressed his concern that the bombing would kill many people, and McVeigh replied that he “considered all those people to be as if they were storm troopers in the movie Star Wars. They may be individually innocent, but because they are part of the evil empire they were guilty by association.” Fortier says that he sent off for a mail-order identification kit that McVeigh used to make a false driver’s license for himself. Fortier admits that he knew for months of McVeigh’s plans (see September 13, 1994 and After and September 13, 1994), and that he could have prevented the bombing with a single telephone call to law enforcement authorities: “I live with that knowledge every day,” he says. Lead prosecutor Joseph Hartzler asks Fortier why he did not make the call. Fortier replies that he has no excuse except his friendship with McVeigh, saying: “I’d known Tim for quite a while. If you don’t consider what happened in Oklahoma, Tim is a good person.” Fortier recalls going with McVeigh to Oklahoma City, where they examined the Murrah Building, and McVeigh considered a number of alternatives for delivering the bomb (see December 16, 1994 and After). Fortier testifies as to the location of the alley that McVeigh said he would use to stash his getaway car; investigators found the key to McVeigh’s rented Ryder truck (see April 15, 1995) in that alley. The trip also involved going to Junction City, Kansas, where McVeigh sold a number of stolen weapons (see November 5, 1994) in what prosecutors say was an effort to finance the bombing. Fortier testifies, “He told me they picked that building because that was where the orders for the attack on Waco came from,” referring to the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He told me—he also told me that he was wanting to blow up a building to cause a general uprising in America hopefully that would knock some people off the fence into—and urge them into taking action against the federal government.” At one point, testifying about his involvement in the case driving his father into having a nervous breakdown, Fortier weeps on the stand. McVeigh lived with the Fortiers several times in the years leading up to the bombing (see May-September 1993 and February - July 1994), he testifies. He recalls receiving a letter from McVeigh (see September 13, 1994) in which, he says: “Tim told me that him and Terry Nichols had decided to take some type of positive offensive action. He wanted to know if I wanted to partake of it.” A week later, McVeigh came back to Kingman and, Fortier recalls, “we had a conversation near my fence in my front yard. Tim was telling me what he meant by taking action. He told me that he—him and Terry were thinking of blowing up a building. He asked me to help them. I turned him down.” Later in 1994, Fortier testifies, McVeigh asked him to rent a storage locker for him somewhere outside Kingman, but Fortier told McVeigh he could not find one. A few days after that, Fortier testifies, McVeigh and Nichols came to Kingman and rented a storage locker themselves (see October 4 - Late October, 1994). Soon after, McVeigh and Nichols showed Fortier the contents of the locker—about a dozen boxes of explosives that McVeigh said they had stolen from a quarry in Kansas (see October 3, 1994). Just before October 31, 1994, Fortier testifies, “Tim said that him and Terry had chosen a federal building in Oklahoma City” and showed him how he could “make a truck into a bomb.” Under cross-examination, McVeigh’s lead lawyer, Stephen Jones, lambasts Fortier as a liar, a thief, a drug addict, and an opportunist who had initially tried to profit from his knowledge of the bombing, playing the audiotapes of Fortier’s bluster and bragging as captured on government wiretaps (see After May 6, 1995). Fortier admits to lying to the FBI in his initial interviews. Jones does not shake Fortier from his statements about McVeigh, though he does elicit a statement from Fortier that Nichols had withdrawn from the bomb plot in the final days of preparation (see March 1995). (Thomas 5/13/1997; Thomas 5/14/1997; Serrano 1998, pp. 286-287)

Fingerprint expert Louis G. Hupp, a forensic scientist for the FBI, testifies at the trial of Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) that no fingerprints belonging to McVeigh were found in many of the places where prosecutors say McVeigh prepared for the Oklahoma City bombing. Hupp has appeared twice before in the trial, testifying for the prosecution. Today he makes his admission under cross-examination from McVeigh’s defense lawyers. No prints belonging to McVeigh were found on the rental contract for the Ryder truck used to deliver the bomb (see April 15, 1995), in the truck rental office, or in the Kansas motel room where McVeigh was staying at the time the truck was rented (see April 13, 1995, 5:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995). Neither were McVeigh’s prints found on any of the storage lockers he used to store explosives before the blast (see September 22, 1994, October 4 - Late October, 1994, October 17, 1994, and November 7, 1994), or in the pickup truck prosecutors say co-conspirator Terry Nichols used to drive to Oklahoma City to meet McVeigh three days before the bombing (see April 16-17, 1995). Hupp says it is not unusual to have found none of McVeigh’s fingerprints at the various locations, as many chemicals used to find fingerprints depend on the presence of perspiration in the fingers. If there is no perspiration, he testifies, it is often likely that no prints will be found. Hupp says he found prints belonging to Nichols on a motel registration card signed by “Joe Kyle,” one of Nichols’s aliases (see October 16, 1994 and October 17, 1994), and on two money orders used to pay for a telephone debit card that prosecutors say Nichols and McVeigh used in their preparations for the bombing (see May 6-7, 1997). Hupp also testifies that after McVeigh was taken into custody (see April 21, 1995), he inventoried and sealed a box of McVeigh’s belongings taken from him by authorities at the Perry, Oklahoma, jail. He took the box to Washington, DC. (Thomas 5/16/1997)

The prosecution in the trial of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, and April 24, 1997) rests its case on an emotional note after having presented 137 witnesses. (Douglas O. Linder 2001) The government presented what many legal analysts call a masterful case, moving far more quickly than anticipated and using witnesses to establish a string of facts that paint a strong picture of McVeigh’s guilt. The prosecution ends on a powerfully emotional note, presenting a number of first responders and survivors. Florence Rogers, a credit union employee who worked in the Murrah Federal Building, tells the jury of the moment when she lost seven of her co-workers in the bomb blast. She recalls the bomb going off with a “torrnado-like rush.” She was thrown to the floor, she recalls, and, she says, “everything else was gone.” Mike Shannon, chief of special operations for the Oklahoma City Fire Department, uses a diagram to show the jury how the bomb took an enormous “bite” from the north face of the building, and to show where rescuers finally freed the last survivor, 15-year-old Brandy Ligons, over 12 hours after the bombing. “To climb into” the area where Ligons was trapped, Shannon testifies, “it took people lying on their stomach, taking debris, pushing it down under their belly down between their legs. The second person would lay his head on the first person’s bottom and take that debris and pass it between his legs, and they would work their way into the pile. It was just big enough for just one person to wiggle through.” Dangling over Ligons and the rescuers was a 40,000-pound slab of concrete, ready to fall and crush everyone involved. Shannon testifies as to the difficulties of rescuing victims and removing the dead from a building whose front had pancaked into a heap of rubble. The effect was “like squeezing grapes,” he says. “Body fluids were dripping through, and it would just drip onto your gear as you were crawling through, onto your helmet.” Responder Alan Prokop tells jurors of the hand that rose from the rubble of the devastated building and grasped his, a hand belonging to a woman trapped under a huge slab of concrete. Prokop held her hand and felt her slowly die while rescuers tried vainly to free her. He recalls hearing the sound of what he thought was running water, and tells of a fellow rescuer saying, “It isn’t water, Alan, it’s blood.” Dr. Frederick B. Jordan, the Oklahoma State Medical Examiner, presents the jury with 163 death certificates for those who died in the bombing. He tells the jury how some of the victims were identified using the mangled remains of their bodies: a fingerprint from a resident alien card, a print taken from a box of Clairol hair coloring agent from a victim’s home, a scar on a little girl’s arm. The prosecution never mentions a contention by a federal grand jury that McVeigh and his co-conspirator Terry Nichols built the truck bomb at Geary Lake State Park in Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995); indeed, the prosecution does not attempt to prove how or where the bomb was built. The prosecution does not introduce a letter written by Nichols on November 21, 1994 that advised McVeigh to clean out two storage lockers (see November 5, 1994 - Early January 1995). After the prosecution rests, defense lawyer Stephen Jones moves for a summary acquittal, a motion rejected by Judge Richard P. Matsch. However, the judge says he may delete some portions of the indictment before giving the jury its final instructions. Those portions include references to the purchase of bomb components, the rental of some storage units, the construction of the truck bomb at the Kansas lake, and the robbery of an Arkansas gun dealer used to finance the bombing, another instance not cited by the prosecution (see November 5, 1994). “I had in mind some redaction of the indictment, or perhaps even more substantial changes, before submitting it to the jury,” Matsch says after the jury is excused for the day. “I think we’ll deal with it at the instructions conference as the most appropriate time.” (Thomas 5/22/1997; Kenworthy 5/22/1997; Eddy et al. 6/3/1997; Wilmsen and Simpson 6/14/1997; Associated Press 1/11/1998) Legal analyst Andrew Cohen will say that the prosecutors did not “bore” the jury with a morass of technical details, instead moving swiftly through technical testimony and pacing their witnesses so that each day ended with the emotional testimony of a victim or family member. Law professor Christopher Mueller says after the prosecution rests: “[T]his is a trial the way a trial ought to look.… I think the prosecution has presented a very strong, almost compelling case. The biggest payoff is in the abandonment of much of the scientific proof that would have been enormously distracting” to the jury. (Kenworthy 5/22/1997; Wilmsen and Simpson 6/14/1997)

Timothy McVeigh sits in the courtroom during his trial.Timothy McVeigh sits in the courtroom during his trial. [Source: India Times]Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) is convicted on all 11 counts of murder and conspiracy. (University of Missouri-Kansas City School of Law 6/2/1997; Douglas O. Linder 2001) The jury deliberates for over 23 hours, spread over four days (including a weekend), before announcing it has a verdict. McVeigh, who enters the courtroom with a smile on his face, shows no emotion when the guilty verdicts are read aloud by US District Judge Richard Matsch; Matsch polls the 12 jurors to ensure that they are indeed unanimous in their verdict. McVeigh is convicted of first-degree murder in the deaths of eight law enforcement agents who died in the blast, one count of conspiracy to use a weapon of mass destruction, one count of using a weapon of mass destruction, and one count of destruction of a federal building. McVeigh awaits a trial in Oklahoma, where he will face 160 counts of murdering the civilians who died in the bombing; Oklahoma City district attorney Bob Macy says he will file state charges that will bring both McVeigh and fellow conspirator Terry Nichols to court to face the death penalty. Many family members break down in tears as the verdicts are read; one woman shouts, “We got him!” Lead prosecutor Joseph Hartzler accepts an ovation from the gallery, and later says: “We’re obviously very pleased with the verdict. We always had confidence in our evidence. Now maybe everyone else will have confidence in our evidence.” Defense attorney Stephen Jones says he will prepare his client for the sentencing phase, where many feel McVeigh will be sentenced to death (see June 11-13, 1997). (Both sets of attorneys are under a judicial gag order preventing them from discussing the details of the case.) Jannie Coverdale, who lost her grandchildren in the blast, says she has mixed emotions: “This is bittersweet. After all, this is a young man who has wasted his life. I’m glad they found him guilty, but I’m sad for him, too. I feel sorry for him. He had so much to offer his country.… I want him to get the death penalty, but not out of revenge. It’s necessary. I haven’t seen any remorse from Timothy McVeigh. If he ever walked the streets, he would murder again. I don’t want to see that.” Asked if the verdict will bring her closure, she says: “I don’t think there will ever be closure. Too many people are missing.” Sharon Ice, whose brother Paul Douglas Ice was one of the federal agents killed in the bombing, calls McVeigh a “monster.” Former judge Durant Davidson says he supports the verdict: “I don’t have any question about that. There was a time before the trial started that I didn’t know. [But] after having followed it, there would not have been any question in my mind.” In Washington, President Clinton refuses to comment directly on the verdict, citing the judge’s gag order, but says: “This is a very important and long overdue day for the survivors and families of those who died in Oklahoma City.… I say to the families of the victims, no single verdict can bring an end to your anguish. But your courage has been an inspiration to all Americans. Our prayers are with you.” (Eddy et al. 6/3/1997; Thomas 6/3/1997; Romano and Kenworthy 6/3/1997; Associated Press 1/11/1998) McVeigh’s father William and his sister Jennifer release a statement from their Pendleton, New York, home that reads in part: “Even though the jury has found Tim guilty, we still love him very much and intend to stand by him no matter what happens. We would like to ask everyone to pray for Tim in this difficult time.” (Romano and Kenworthy 6/3/1997) Later, a juror says he and his fellows grew more convinced of McVeigh’s guilt with each day that the trial continued. “There is no justification for that kind of action,” juror Tony Stedman will say. (Associated Press 1/11/1998) As the prosecution leaves the courthouse, a weeping woman pushes her way towards lead attorney Joseph Hartzler, throws her arms around him, and says, “Dear God, thank you for what you have done.” (Serrano 1998, pp. 292)

Norm Olson, the leader of the Northern Michigan Regional Militia (see April 1994, April 16-17, 1996, and Summer 1996 - June 1997), urges convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997) to demand the death penalty (see June 11-13, 1997). In a letter sent to McVeigh through McVeigh’s lawyer Stephen Jones, Olson writes: “Targeting noncombatants is wrong and cannot be condoned by honorable men. As a soldier, you must die for your war crime.… Do the right thing now, Tim. Die for Janet Reno’s sins for allowing Waco (see April 19, 1993 and April 19, 1993 and After). Here is your chance to tell the world the true cause of your action. Let her forever live with that!” (Mayhem (.net) 4/2009)

James Blassengill and his wife, Willie, who lost six family members in the bombing, comfort one another after the verdict.James Blassengill and his wife, Willie, who lost six family members in the bombing, comfort one another after the verdict. [Source: AP / Washington Post]The jury in the trial of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997) unanimously decides that McVeigh should be sentenced to death by lethal injection. The verdict is written in heavy black ink by jury foreman James Osgood, a single word: “Death.”
Statements by Prosecution and Defense - The prosecution puts an array of survivors and family members of the victims on the stand to tell their harrowing stories, and shows videotapes of some of the surviving children battling grave injuries in the months after the bombing. The defense counters with testimonials from some of McVeigh’s former Army friends (see March 24, 1988 - Late 1990 and January - March 1991 and After), and a presentation by McVeigh’s divorced parents, Bill McVeigh and Mildred Frazer; the father introduces a 15-minute videotape of McVeigh as a child and concludes simply, “I love Tim.” The defense emphasizes McVeigh’s far-right political views, insisting that his misguided belief that the government intended to impose tyranny on its citizens was fueled by the Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and Branch Davidian (see April 19, 1993 and April 19, 1993 and After) incidents, and drove McVeigh to mount his own strike against a government facility. However, defense lawyer Richard Burr tells the jury, “He is just like any of us.” The defense brings in soldiers who served with McVeigh in the Army to testify about McVeigh’s exemplary service, but their statements are quickly neutralized when prosecutors remind them that they are all taught as their first rule of duty “never to kill noncombatants, including women and children.” Another damning moment comes when prosecutor Beth Wilkinson elicits testimony that shows McVeigh killed more people in the bombing than US forces lost during Desert Storm—168 to 137. Jones pleads for a life sentence without parole. At no time do defense lawyers say that McVeigh feels any remorse towards the lives he took.
Unanimous Verdict - The jury takes about 11 hours over two days to reach its verdict. The jury unanimously finds that at least seven “aggravating circumstances” were associated with McVeigh’s crimes, including his intention to kill, his premeditation and planning, that he created a grave risk to others with reckless disregard for their lives, that he committed offenses against federal law enforcement officials, and that he created severe losses for the victims’ families. They are split in consideration of “mitigating factors” proposed by the defense. Only two find McVeigh to be a “reliable and dependable person”; only four say he had “done good deeds and helped others” during his life; none see him as a “good and loyal friend”; and none agree with the proposition that he “believed deeply in the ideals upon which the United States was founded.” Lead prosecutor Joseph Hartzler says: “This is not a day of great joy for the prosecution team. We’re pleased that the system worked and justice prevailed. But the verdict doesn’t diminish the great sadness that occurred in Oklahoma City two years ago. Our only hope is that the verdict will go some way toward preventing such a terrible, drastic crime from ever occurring again.” Juror Tonya Stedman says that the jury wrestled with the idea of taking McVeigh’s life for his crimes: “It was difficult because we’re talking about a life. Yes, 168 died as a result of it, but this is another life to consider. This was a big decision. I feel confident in the decision we made.” Most relatives of the bombing victims echo the sentiments expressed by Charles Tomlin, who lost a son in the explosion: “I could see the strain on them [the jurors]. You know it was a hard decision to make to put a man to death, but I’m glad they did.” However, some agree with James Kreymborg, who lost his wife and daughter in the blast. Kreymborg says he “really did not want the death penalty” because “I’ve had enough death.” Mike Lenz, whose pregnant wife died in the blast, says: “It’s not going to bring back my wife and lessen my loss. My reason for believing or wanting to put McVeigh to death is it stops. It stops here. He can’t reach out and try to recruit anybody else to his cause.” Marsha Kight, who lost her daughter in the explosion, says she would have preferred a life sentence in prison: “There is a lot of pain in living—death is pretty easy.” Lead defense attorney Stephen Jones acknowledges respect for the jury’s decision, and adds: “We ask that the barriers and intolerance that have divided us may crumble and suspicions disappear and hatred cease. And our divisions and intolerance being healed, we may live together in justice and peace. God save the United States of America. God save this honorable court.” President Clinton had publicly called for the death sentence after the bombing (see April 23, 1995), but avoids directly commenting on the jury’s decision, citing the impending trial of fellow bombing suspect Terry Nichols (see November 3, 1997). Instead, Clinton says: “This investigation and trial have confirmed our country’s faith in its justice system. To the victims and their families, I know that your healing can be measured only one day at a time. The prayers and support of your fellow Americans will be with you every one of those days.” McVeigh faces 160 murder charges under Oklahoma state law. (Dedman 6/4/1997; Wilmsen and Simpson 6/14/1997; Kenworthy and Romano 6/14/1997; Serrano 1998, pp. 297-300, 308, 313-315; Douglas O. Linder 2001; Douglas O. Linder 2006; Douglas O. Linder 2006) McVeigh shows no emotion when the sentence is read. When he is escorted out of the courtroom, he flashes a peace sign to the jury, then turns to his parents and sister in the front row, and mouths, “It’s okay.” (Serrano 1998, pp. 315)
McVeigh Will Be Incarcerated in Colorado 'Supermax' Facility - McVeigh will be held in the same “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczynski, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). In a letter to the authors of McVeigh’s authorized biography, American Terrorist, Kaczynski will later say he “like[s]” McVeigh, describing him as “an adventurer by nature” who, at the same time, is “very intelligent” and expressed ideas that “seemed rational and sensible.” (Douglas O. Linder 2006) A person who later speaks to McVeigh in prison will call him “the scariest man in the world” because he is so quiet and nondescript. “There’s nothing alarming about him—nothing,” the person will say. “He’s respectful of his elders, he’s polite. When he expresses political views, for most of what he says, Rush Limbaugh is scarier. That’s what’s incredibly frightening. If he is what he appears to be, there must be other people out there like him. You look at him and you think: This isn’t the end of something; this is the beginning of something.” (Nicole Nichols 2003) McVeigh is one of only 13 people to be sentenced to death under federal law. It has been 34 years since any prisoner sentenced to death under federal law was executed. (Dedman 6/4/1997) He will speak briefly and obscurely on his own behalf when Judge Richard Matsch formally sentences him to death (see August 14, 1997).

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