The Center for Grassroots Oversight

This page can be viewed at http://www.historycommons.org/context.jsp?item=a03212409canadamocked&scale=5&startpos=800


Context of 'March 17-24, 2009: Fox Satirical Show Mocks Canadian Soldiers, Draws Outrage'

This is a scalable context timeline. It contains events related to the event March 17-24, 2009: Fox Satirical Show Mocks Canadian Soldiers, Draws Outrage. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Page 9 of 27 (2668 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 | next

The federal trial of Oklahoma City bombing co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) begins. As with Nichols’s accused co-conspirator Timothy McVeigh, recently convicted of murder and conspiracy surrounding the bombing (see June 2, 1997), the trial takes place in Denver, and is presided over by Judge Richard P. Matsch. Nichols faces the same eight counts of murdering federal officials and three counts of conspiracy that McVeigh was convicted of, and like McVeigh, he faces the death penalty if convicted. (Thomas 11/4/1997; Douglas O. Linder 2001) The jury consists of seven women and five men. It includes two bus drivers; a day-care worker; a bank clerk; a soda machine installer; a telemarketer; a loading-dock worker; a maintenance employee; an obstetrics nurse; a remedial reading tutor; a contract seamstress, whose husband is a corrections officer; and a geophysicist. Two members of the jury are African-American. As with the McVeigh jurors, their identities are concealed. Legal analysts say there is far less direct evidence of Nichols’s guilt than existed to use against McVeigh. (Kenworthy 10/31/1997; Fox News 4/13/2005) Prosecutors tell the jury that Nichols worked “side by side” with McVeigh to build the bomb that destroyed the Murrah Federal Building. For his part, Nichols’s lawyer Michael E. Tigar says Nichols had nothing to do with the bomb plot, and is a victim of McVeigh’s deceit and a web of misleading circumstantial evidence. Lead prosecutor Larry Mackey (see October 31, 1997) says that the deceit was on the part of Nichols. Mackey acknowledges that Nichols was at his Herington, Kansas, home on the morning of the bombing: “Terry Nichols had planned it just that way,” he says. But Nichols had been involved in every aspect of building the bomb and plotting the attack. The prosecution’s case is far broader in its scope than the more narrowly focused case against McVeigh (see August 29, 1997). Tigar indicates that he plans to challenge what he calls the “junk science” used by the prosecution to forensically prove Nichols’s involvement in building the bomb. (Thomas 11/4/1997)

The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) opens with an array of witnesses, people who either lived through the bombing or who lost family members or friends. Unlike the heart-rending tales told throughout the trial of Nichols’s alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), the stories told today are strictly curtailed in order to restrict emotional reactions from jurors. Four jury members weep anyway during the recountings. Judge Richard P. Matsch, ruling in favor of a defense motion, has precluded “overly emotional” testimony, telling jurors this morning, “You have to consider it and not consider the emotions of it.” Matsch explains that testimony from survivors is being introduced only to establish who had died and how their deaths had affected the performance of the federal government, important elements in the indictment (see August 10, 1995), which charges not only murder but also a crime that interfered with interstate commerce. Witnesses stick closely to the bare facts and eschew the emotional stories and vignettes that were prominently featured during McVeigh’s trial. Even so, the testimony of survivor Helena Garrett, who testified during McVeigh’s trial (see April 25, 1997), moves some jurors to tears as she tells of waiting for rescue personnel to find her infant son, Tevin, who died in the blast. She says one child “looked as if she’d been dipped in blood,” and talks of the “line” made “of our babies” by rescue personnel who brought out the dead and injured children from the blasted Murrah Federal Building. (Thomas 11/5/1997)

The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) attempts to prove that Nichols bought and stored the fertilizer used to make the bomb. (Thomas 11/7/1997)
Buying Fertilizer from a Kansas Co-op - The prosecution puts two Kansas men on the stand who, the prosecution says, sold the fertilizer used to bomb the Murrah Federal Building to Nichols and his alleged co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Both salesmen, Jerry Showalter and Frederick A. Schlender Jr., worked at the Mid-Kansas Cooperative in McPherson, Kansas, when someone calling himself “Mike Havens” bought 4,000 pounds of ammonium nitrate in 80 50-pound bags in September and October 1994. Neither Showalter nor Schlender can identify Nichols or McVeigh as the buyer, but both say the buyer was “Havens,” a name federal investigators believe was used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). Both testify that they are certain “Havens” was not McVeigh. And they both say they offered “Havens” a less expensive, more efficient alternative to the ammonium nitrate, which he declined. Investigators found a receipt listing Havens as the buyer of the fertilizer in Nichols’s kitchen after the bombing (see May 1, 1995), a fact testified to by one of the FBI agents who found the receipt. Showalter recalls receiving a telephone call on September 29, 1994 from the manager of another branch of the co-op; the manager said he had a customer looking for two tons of ammonium nitrate. Showalter later sold the fertilizer to “Havens”; he gives a description of the man that could fit Nichols. Schlender testifies that he loaded the first ton of fertilizer on a red trailer pulled by a dark pickup truck with a light-colored camper top. He testifies that “Havens” was alone. Schlender concedes to defense lawyers that his descriptions of “Havens” have varied somewhat over time. He originally told the FBI that “Havens” was six feet tall; now he says that the man was anywhere between 5’8” and six feet tall. He also originally described the truck as a Dodge with Kansas plates; Nichols owned a GMC truck with Michigan plates. Schlender says he sold the second ton of fertilizer to “Havens” on October 18, loading it on the same trailer. The second time, he testifies, “Havens” was accompanied by another man, white and about six feet tall. Robert Nattier, president of the co-op, testifies that the “Havens” order was unusually large, and that most customers just buy a few bags for their lawns. Another FBI agent who analyzed the co-op’s receipts testifies that only a country club and a pipeline company bought similar amounts in the 16 months before the bombing. (Thomas 11/7/1997; Romano 11/7/1997; Lane 12/24/1997)
Nichols Identified as Staying in Nearby Motel - Harry Bhakta, the manager of the Starlite Motel in Salina, Kansas, a town 30 miles north of McPherson, testifies that a man calling himself “Terry Havens” checked into his motel on October 16, 1994, and checked out the next day. Nichols’s lawyers concede that the handwriting on the Starlite Motel registration card is Nichols’s (see October 16, 1994). (Thomas 11/7/1997)
Renting Storage Lockers for Fertilizer - Sharri Furman, who in 1995 was the bookkeeper for the Boots-U-Store-It storage facility in Council Grove, Kansas, testifies that in the fall of 1994 she rented two storage lockers to “Joe Kyle” and “Ted Parker,” both of which are, federal investigators contend, aliases used by Nichols (see October 16, 1994, October 17, 1994, and November 7, 1994). Furman also testified during McVeigh’s trial (see May 1-2, 1997). She identifies Nichols as “Parker.” Both defense and prosecution lawyers agree that the contracts signed by “Parker” are in Nichols’s handwriting. (Romano 11/7/1997) The receipt from the locker rental contains two fingerprints from McVeigh (see May 1, 1995). (Thomas 6/3/1997)
Seen in Company of McVeigh during Time Period in Question - Tim Donahue, a Kansas rancher who once worked with Nichols (see February - September 30, 1994), testifies that the last time he saw Nichols was in the company of McVeigh. The date, he recalls, was September 30, 1994, the last day Nichols worked on the Donahue ranch. Donahue also testifies that Nichols told him he thought the government was getting “too big and too powerful” and should be overthrown. Donahue acknowledges that those conversations were casual, and that Nichols never explicitly advocated violence. (Romano 11/7/1997)

Prosecutors in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) link Nichols and his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), to the October 1994 theft of explosive materials from a Kansas quarry (see October 3, 1994). The prosecution claims that Nichols and McVeigh used those materials in the construction of the bomb that devastated the Murrah Federal Building and killed 168 people. A blaster at the Martin Marietta Aggregates quarry near Marion, Kansas, Allen E. Radtke, testifies that on October 3, he discovered that someone had stolen 1,200 to 1,400 electric blasting caps, 75 60-foot lengths of Primadet non-electric blasting caps, and 150 sticks of Tovex explosive from two sheds. On October 4, Radtke says, he found that someone had drilled open the padlock on the back door of a third shed. FBI analyst James J. Cadigan testifies that he had compared the marks left on the padlock with a quarter-inch drill bit found at Nichols’s home (see 3:15 p.m. and After, April 21-22, 1995). Though the marks on the padlock seem to match marks made by Nichols’s drill bit, Judge Richard P. Matsch instructs the jury to disregard Cadigan’s conclusions to that effect. Nichols’s lawyer Michael Tigar, who has called such analysis “junk science” (see November 3, 1997), says that a thousand drill bits made by the same machine might produce the same marks. (Thomas 11/8/1997)

Michael Fortier, a friend of convicted Oklahoma City bomber Timothy McVeigh (see May 19, 1995, August 8, 1995, and May 12-13, 1997), testifies against McVeigh’s alleged co-conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997). Fortier tells the jury that Nichols and McVeigh took him to an Arizona storage locker filled with explosives seven months before the bombing (see October 4 - Late October, 1994). Fortier has pleaded guilty to four felonies related to the bombing.
Saw Nichols in McVeigh's Company, Changes Testimony Previously Identifying Nichols as Co-Conspirator - He says he saw Nichols three times in Kingman, Arizona, the town in which McVeigh resided; two of those times, Nichols was in the company of McVeigh. Fortier testifies that he met both Nichols and McVeigh when they were Army soldiers stationed at Fort Benning, Georgia (see March 24, 1988 - Late 1990); Nichols, he says, was his platoon leader, but not his friend. Fortier says McVeigh sent him a letter saying that he and Nichols planned some sort of “positive offensive action” against the government (see September 13, 1994), and later McVeigh told him the “action” was the bombing of a federal building, to take place on the anniversary of the Branch Davidian massacre (see April 19, 1993 and April 19, 1993 and After). “He told me… that they were planning on bombing a building,” Fortier says. When asked by a prosecutor who was the “they” that McVeigh was referring to, Fortier replies, “He didn’t say specifically,” a drastic change from his testimony in the McVeigh trial, when he told the jury that McVeigh was referring to himself and Nichols. (Romano 11/13/1997; Thomas 11/13/1997; Romano 11/14/1997; Thomas 11/14/1997; Thomas 11/17/1997; Lane 12/24/1997)
Says McVeigh Told Him Nichols Robbed Gun Dealer - Fortier does identify Nichols as the man who robbed Arkansas gun dealer Roger Moore to help finance the bombing (see November 5, 1994); Fortier says that McVeigh told him, “Terry did Bob,” meaning “Bob Miller,” the name Moore used at gun shows. (Thomas 12/16/1997)
Says He Refused to Take Active Part in Bombing, Says Nichols Withdrew - Fortier testifies that McVeigh asked him to rent a storage unit under a false name, but Fortier did not do so. He also testifies that McVeigh asked him to join him and Nichols in the bombing, but Fortier says he refused (see October 21 or 22, 1994). Later, Fortier says, McVeigh told him that Nichols “no longer wanted to help him mix the bomb” (see March 1995), testifying: “Tim told me that Terry no longer wanted to help him mix the bomb. He told me that there was some problem between—or the problem had to do with Terry’s wife, Marife. I asked Tim what he was going to do if Terry didn’t help him. I made a joke and said: ‘What would you do? Would you kill him if he doesn’t help you?’ And he answered me seriously and said he would not do that. And he went on to say that Terry would have to help him because he’s in it so far up till now.” Fortier identifies a length of explosives brought to his home for safekeeping by McVeigh as being from one of the Arizona storage lockers; an FBI expert, testifying immediately after Fortier, identifies a fingerprint on the wrapper for the explosives as belonging to Nichols.
Defense: Fortier a Lying Drug Addict - In cross-examination, Nichols’s lead lawyer, Michael Tigar, elicits that Nichols never mentioned anything to Fortier about bombing a building. As defense lawyers did in McVeigh’s trial, Tigar depicts Fortier as a drug user and self-admitted liar who has admitted to lying to FBI investigators about his knowledge and involvement in the bomb plot (see April 23 - May 6, 1995), and to planning to use his knowledge of the bomb plot to wangle profitable book and movie deals. Fortier admits that Tigar’s depictions are essentially accurate. Tigar asks, “Was there ever a time in your life where Mr. McVeigh and you and Mr. Nichols were standing side by side… when Mr. McVeigh said, ‘My friend Terry and I are going to blow up a building with people in it and kill people?’” Fortier replies, “No, sir.” (Romano 11/13/1997; Thomas 11/13/1997; Romano 11/14/1997; Thomas 11/14/1997; Thomas 11/17/1997; Lane 12/24/1997) Legal experts later say that Fortier’s testimony against Nichols is much less compelling than his testimony against McVeigh. Fortier did not know Nichols well, and had comparatively few dealings with him. (Thomas 11/17/1997) The Washington Post describes the defense’s cross-examination of Fortier as “withering.” One of the defense’s contentions is that Fortier was far more involved in the bomb plot than his testimony indicates, and that he may have been more involved than Nichols. (Romano 11/14/1997)

The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) links Nichols and his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), to a rifle stolen from an Arkansas gun dealer, Roger Moore (see November 5, 1994 and Before July 3, 1995). Prosecutors have alleged that Nichols and McVeigh, who planned the robbery, used the proceeds from the robbery to finance the bombing. The link between Nichols and the robbery is made in part by Karen Anderson, Moore’s longtime girlfriend, who says the ornate, custom-made .308-caliber rifle found in Nichols’s Herington, Kansas, home (see 3:15 p.m. and After, April 21-22, 1995) was hers. She says when prosecutors first showed her the rifle, she exclaimed: “It’s my baby!… It was made for me.” Anderson says she has been Moore’s girlfriend for over 20 years, and lives in what is apparently an open relationship with Moore and his wife Carol. Prosecutors say Nichols donned a ski mask and robbed Moore’s gun dealership of more than $60,000 in guns, precious jewels, gold, silver, cash, and other items. Anderson says she recognized several other weapons seized by FBI agents from Nichols’s home. Of one, a shotgun, she says: “I shot a pair of blue jeans with this a couple of times. Jeans with holes cost $100. I figured if you shot them yourself, you could save about $90.” Anderson’s colorful testimony and flamboyant gestures trigger several waves of laughter in the courtroom, including one instance where she apologizes for inadvertently waving a submachine gun at Judge Richard P. Matsch, saying, “I just pointed it at the judge again!” Prosecutor Beth Wilkinson quips in response, “No matter how mad he makes you, don’t fire it.” Anderson says she has a list of the serial numbers of many of the stolen guns; Moore previously told investigators his list of the serial numbers disappeared the day of the robbery. Anderson also discusses her friendship with McVeigh, and says she and Moore were so impressed with McVeigh’s warnings about a United Nations plot to take over the country that they visited several military bases in an unsuccessful search for Russian vehicles. After Anderson testifies, Moore testifies, telling the jury how he was robbed by a man who carried a shotgun, wore a black ski mask, and bound him with duct tape before purloining items from his farm, from which he runs his dealership. He says he was alone on his farm the morning of the robbery, and had just gone outside to feed the animals when he heard a voice say, “Lay on the ground.” He turned and saw “a horrible picture, a man dressed with camouflage, with a black ski mask, carrying a pistol-grip shotgun aimed right at my face.” Attached to the shotgun was a garrote wire that he says could “cut your windpipe and jugular vein.” The robber was a white man wearing what he thinks were Israeli combat boots, Vietnam-era camouflage pants and shirt, and military gloves. Moore says he could see a short beard and suntanned skin through the mouth opening in the mask. He identifies a number of weapons shown to him by prosecution lawyers as being among those stolen from his dealership. Defense lawyer Michael Tigar accuses Moore of conspiring with McVeigh to commit insurance fraud. Tigar asks Moore: “Isn’t it a fact you were not robbed? Isn’t it a fact that you and Mr. McVeigh worked out a plan to get these guns out on the market, and you would collect whatever you could from the insurance company?” Moore angrily responds, “I deny that.” He admits to seeking an insurance settlement even though he had no serial numbers for the stolen weaponry, nor an accurate accounting of the weapons he said had been stolen. He also acknowledges telling investigators differing accounts of the robbery, and engaging in friendly letter exchanges with McVeigh after the robbery, including one letter written by Moore in the days before the bombing that complained of the “New World Order” (see September 11, 1990) and stated, “Plan is to bring the country down and have a few more things happen, then offer the 90 percent a solution (Better Red than Dead).” He also admits to using the alias “Bob Miller” on the gun-show circuit, and admits to previously telling lawyers that he suspected law enforcement agents or militia members of robbing him. However, he says, he also suspected McVeigh of setting him up, and says that the letters were designed to persuade McVeigh to come back to Arkansas so he could question him about the robbery. (Thomas 11/18/1997; Thomas 11/19/1997)

The ex-wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) testifies in Nichols’s trial. Lana Padilla, frequently breaking into tears during her stint in the witness stand, testifies that Nichols gave her a package that he told her not to open unless she heard that he had died; worried for his safety, she opened it anyway and found letters and evidence that prosecutors say tie Nichols to the Oklahoma City bombing. Nichols gave Padilla the package in the days before he left on a trip to the Philippines (see November 5, 1994 - Early January 1995). He told her to wait at least 60 days before opening the package, but she opened it the day after he left. “I was concerned that there was something awful, that he was not coming back,” she says. Inside were two envelopes, one addressed to her and one addressed to Jennifer McVeigh, the sister of his alleged co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). The letter to Padilla explained how she could gain entry to a storage unit Nichols had rented in Las Vegas, Padilla’s home town, and how she could find a bag of valuables he had hidden in her kitchen. All of the items in storage, Nichols wrote, were for their teenaged son Joshua, while the items in the kitchen were for his daughter Nicole, whom he had with his second wife Marife, a Filipino native (see July - December 1990). A tearful Padilla reads from the letter: “There is no need to tell anyone about the items in storage and at home. Again only the three of us will know. I have the most trust in you here in the US to do as I’ve written.” Nichols, sitting at the defense table, puts his head down and weeps during the letter-reading. The envelope to Jennifer McVeigh contained a second envelope addressed to her brother that advised him to remove everything from a Council Grove, Kansas, locker and “liquidate” the contents of a second locker in that same town (see October 17, 1994), or failing that, to pay to keep it longer under the alias “Ted Parker” of Decker, Michigan. “Ted Parker” is an alias used by Nichols to rent one of the lockers (see November 7, 1994). The letter says Padilla “knows nothing” and concludes with the exhortation: “Your [sic] on your own. Go for it!! Terry.” Prosecutors believe that Nichols’s final exhortation referred to the Oklahoma City bombing. In December 1994, Padilla found the item Nichols had stashed in her kitchen: a WalMart bag filled with $20,000 in $100 bills. Padilla testifies: “My first reaction was surprise, because I didn’t really think—I mean, Terry was in between employment. His wife was away. I didn’t expect him to have any money.” Later that day, Padilla and her son Barry (from another marriage) went to the AAAABCO storage unit in Las Vegas that Nichols had indicated, and the two found a briefcase and a number of boxes. The boxes contained gold and silver coins, and a paper estimating their value at between $36,000 and $38,000; a bag containing a dark wig, panty hose, makeup, and a black ski mask; a cigar box containing jade stones; and other items. Many of those items will later be identified as proceeds from the robbery. When she saw the bag, she testifies: “I looked at the mask, and I thought that—I said: ‘What is he doing? You know, what is he doing? Robbing banks?’ And that was my reaction.” Prosecutors believe that the cash in the kitchen and the goods in the storage unit were obtained by a robbery Nichols had carried off days before (see November 5, 1994). Padilla also testifies that Nichols called her the day after the robbery, November 6, 1994, and spoke of the Branch Davidian debacle near Waco, Texas (see April 19, 1993 and April 19, 1993 and After), and the possibility that the government would be destabilized by civil unrest (see November 6, 1994). “When I hung up the phone,” she testifies, “I realized that it was a very odd conversation. And I’m sorry to say that Waco didn’t enter my mind before the call and Waco didn’t enter my mind after the call. It was just something that seemed to be on Terry’s mind.” Nichols came to Padilla’s home in Las Vegas a few days later, she says, in order to visit Joshua before leaving for the Philippines. When Nichols returned from the Philippines on January 16, 1995, he stayed for a few days with Padilla before leaving for Kansas. Padilla testifies that on January 17: “Terry was standing in the kitchen. He looked at me puzzled. I knew the look was because he had gone behind the drawer” and not found the cash he had left. Padilla had taken the cash to her office for safekeeping, she testifies, and asked Nichols to give her some of it. He refused, she says, and she turned over $17,000 of the money to him. They agreed that she would put the remaining $3,000 in a savings account for Joshua, but she admits to not doing so. “Things changed in my household,” she testifies. She left her current husband, and, she says, “the money was used for the household.” (Kenworthy 11/19/1997; Thomas 11/20/1997)

FBI agent Stephen E. Smith testifies in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997).
Nichols Told of Picking Up McVeigh - Smith testifies that Nichols told him and other FBI agents that on Easter Sunday, April 16, 1995, three days before the bombing, he drove around downtown Oklahoma City looking for his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols, says Smith, drove around the Murrah Federal Building, McVeigh’s target, several times before finding McVeigh in a nearby alley (see April 16-17, 1995). McVeigh, according to what Nichols told Smith, had asked Nichols for a ride from Oklahoma City back to Nichols’s Herington, Kansas, home (see (February 20, 1995)) because his car had broken down. Nichols found McVeigh, Smith says: “[H]e was standing in a light rain with Mr. Nichols’s TV set and a green laundry bag.” Smith was one of the agents who interrogated Nichols for nine hours after the bombing (see 3:15 p.m. and After, April 21-22, 1995). He was not allowed to testify in McVeigh’s trial, but was allowed to introduce the 22 pages of handwritten notes taken during Nichols’s interrogation. Smith’s testimony is the first to describe what Nichols said about the trip from Oklahoma City to Herington. McVeigh was going to bring Nichols a television set, Nichols told Smith, when his car broke down. Nichols said after he received the telephone call from McVeigh at around 3 p.m., he left about 10 minutes later and drove straight to Oklahoma City. McVeigh had told him to “drive around the block a couple times,” Nichols told the agents, and added that he passed “that building” several times. The alley McVeigh was standing in was, Smith testifies, next to the YMCA near the Murrah Building. Nichols told Smith and the other agents that McVeigh was “hyper” during the return trip to Herington, and they talked about the upcoming anniversary of the federal assault on the Branch Davidian compound in Texas (see April 19, 1993 and April 19, 1993 and After). Nichols told the agents that McVeigh told him “he would see something big in the future.” Nichols, Smith testifies, asked if McVeigh was planning to rob a bank; McVeigh replied, “No, but I’ve got something in the works.” Nichols was shocked to learn that McVeigh was a suspect in the bombing, Smith testifies: “He thought Tim was driving back east to see his family.” Nichols told the agents he could not discern any motive for the bombing, since McVeigh “was supposed to receive an inheritance from his grandfather and he would have money” to do whatever he wanted. Smith testifies that when the agents asked Nichols if he was worried about what McVeigh might say about him, Nichols replied that “he’d be shocked if Mr. McVeigh implicated him.… Terry Nichols said he trusted Timothy McVeigh more than anyone. Timothy McVeigh lived up to his arrangements and took responsibility for his actions.” Smith adds that Nichols never clarified what he meant. Nichols told the agents that the Easter telephone call was the first contact he had had with McVeigh since November 1994. However, other testimony has shown numerous contacts between McVeigh and Nichols since that time period (see November 7, 1994, March 1995, April 13, 1995, April 15, 1995, and April 15-16, 1995). (Thomas 11/21/1997) Nichols also told federal agents that he spent the morning of April 18 at an auction in Fort Riley, Kansas, and that the same morning, McVeigh had borrowed his pickup truck to run errands. Nichols told agents that the morning of April 18, McVeigh called at 6:00 a.m. and asked to borrow the truck. Nichols agreed, and the two met at a McDonald’s restaurant in Junction City, Kansas, around 7:30 a.m. The two drove to the auction site, and McVeigh took the truck, leaving Nichols at the auction. McVeigh returned after 1:00 p.m. Nichols told agents he signed in at the auction site sometime around noon. (Thomas 11/26/1997)
Story Contradicted by Other Evidence - Other evidence has shown that Nichols’s story about driving to Oklahoma City to pick up McVeigh and a television set is false. That evidence has shown that on April 16, Nichols met McVeigh at a Dairy Queen in Herington, then the two drove separately to Oklahoma City to scout the location for the bomb. McVeigh left his getaway car at the scene (see April 13, 1995) and the two drove back to Herington in Nichols’s pickup truck (see April 16-17, 1995). On the morning of April 18, McVeigh, staying at a motel in Junction City with his rented Ryder truck (see April 15, 1995), met Nichols at a Herington storage unit (see (February 20, 1995)). The two loaded bags of fertilizer and drums of nitromethane into the Ryder truck, and McVeigh told Nichols, “If I don’t come back for a while, you’ll clean out the storage shed.” They drove separately to Geary County State Fishing Lake, where they met and mixed the explosive components. Nichols later told investigators that he cleaned out the storage shed on April 20. One witness told investigators that he saw McVeigh with a man resembling Nichols at the motel. Other witnesses recalled seeing the Ryder truck parked behind Nichols’s house on April 17, and the Ryder truck and a pickup truck resembling Nichols’s at Geary Lake on April 18. Other witnesses said that on either April 17 or 18, they saw what appeared to be Nichols’s pickup truck parked behind the Herington storage shed (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Videotape from the Regency Towers Apartments, one and a half blocks from the bombed Murrah Federal Building, showed Nichols’s dark blue pickup with a white camper shell passing the building on April 16, though the videotape does not itself disprove Nichols’s claims of driving to Oklahoma City to pick up McVeigh and a television set. (Lane 12/24/1997; Fox News 4/13/2005) Prosecutors will soon submit evidence showing that Nichols’s claims of his whereabouts on April 18 are incorrect (see November 25, 1997).
Shared Interest in Bombs - Nichols also said that he and McVeigh were curious about bombs. They read books and magazines about them, and discussed how they worked. Nichols told the agents that “it’s possible he [McVeigh] could make a device to blow up a building without my knowledge.” Nichols, Smith testifies, insisted that their interest in bombs was strictly out of curiosity. Nichols told Smith and the other agents that he had learned about explosives from people “who came by the table at gun shows and literature he had read.” Nichols also said that he had learned “ammonium nitrate fertilizer can be used to make a bomb.… I imagine you have to put a blasting cap on it.” Smith testifies that someone had informed Nichols that ammonium nitrate could be mixed with diesel fuel to make a bomb, but adds that Nichols said he had not done that.
Cross-Examination - Nichols’s defense lawyer, Ronald G. Woods, has Smith read the entire 22-page sheaf of handwritten notes he took during his interviews with Nichols, then tells Judge Richard P. Matsch that the typewritten transcript of those notes “was not accurate or complete.” Woods also questions why the interviews were not tape-recorded. Smith calls his notes accurate, but admits that he had not written down what he now testifies was Nichols’s silence when shown a letter he had written to McVeigh the previous November urging him to “Go for it.” During the interview, Smith says Nichols admitted to having the knowledge needed to build a fertilizer bomb after initially denying it. (Kenworthy 11/21/1997; Thomas 11/22/1997; Lane 12/24/1997)

As the prosecution in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) prepares to rest its case, the prosecuting lawyers attempt to show that Nichols lied about his whereabouts on the day the Oklahoma City bomb was built (see November 20-21, 1997). Nichols claimed that the day the bomb was assembled, April 18, 1995, he was at an auction in Fort Riley, Kansas, from 8:00 a.m. until after 1:00 p.m., while his alleged co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), had borrowed his truck. Prosecutors introduce evidence that shows Nichols and McVeigh worked together to build the bomb in an isolated section of Geary Lake State Park, 16 miles from Nichols’s home in Herington, Kansas (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Nichols has not yet testified; his version of events comes from statements he gave to FBI agents two days after the bombing (see 3:15 p.m. and After, April 21-22, 1995). Mary Garza, a civilian employee at Fort Riley and the overseer of the auction that Nichols claimed he attended, produces a document that shows Nichols signed in to the auction at 12:50 p.m. that afternoon, and another document showing that he submitted a sealed bid at 12:37 p.m. on March 18, 1995. Garza testifies that the time clock was off by one month and one hour, and in reality Nichols submitted his bid at 1:37 p.m. on April 18, 1995. Nichols said he wandered from one auction building to the next, but other witnesses testify that the morning of April 18 was extremely cold and windy, and only one building was open to the public. Visitors such as Nichols were required to sign in. Nichols could conceivably have spent five hours outside, examining two small outdoor sales areas, the witnesses say, but the sale was quite small, and none of the witnesses saw Nichols that morning. (Thomas 11/26/1997)

The prosecution in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) submits a piece of wood into evidence that it says links Nichols to the bombing. The piece of wood has ammonium nitrate fertilizer crystals embedded in it, the same type of fertilizer used in the bomb that killed 168 people. The same fertilizer was found at Nichols’s Herington, Kansas, home (see 3:15 p.m. and After, April 21-22, 1995). The wood was found by a search team on April 21, 1995, in a parking lot across the street from the Murrah Federal Building. Prosecutors say the wood came from the side of the rented Ryder truck (see April 15, 1995) that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) used to deliver the bomb. FBI agent Alton Wilson testifies that “it appears to have come from the box panel from the Ryder truck.” FBI laboratory supervisor Steven G. Burmeister testifies that when he and other FBI agents searched Nichols’s home, they found explosives, including ammonium nitrate pellets. Ammonium nitrate is the fertilizer that was the main ingredient of the bomb. “They were on the steps leading up to the porch area,” Burmeister testifies. He also says the search turned up Primadet blasting caps, which are used to detonate explosives. Defense lawyers claim the wood was mishandled by FBI crime lab analysts; FBI chemist Ronald Kelly admits in testimony that he did not follow the proper steps in recovering and handling the wood. (New York Times 11/29/1997) In cross-examination testimony, Burmeister says that he photographed the wood in April 1995, documenting the existence of the ammonium nitrate crystals embedded in it. When he examined the wood in November 1996, he realized that the crystals had disappeared from it. Burmeister says he believes the crystals disappeared as a result of testing in other sections of the lab. (Thomas 12/2/1997)

Experts testify in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) that the bomb used to destroy the Murrah Federal Building in Oklahoma City was probably made with ammonium nitrate. Prosecutors have shown that Nichols bought two tons of ammonium nitrate fertilizer and stored it, along with other bomb components, in lockers rented under false names (see November 6, 1997). In aggressive cross-examination, defense lawyer Michael Tigar attempts to cast doubt on the forensic evidence presented by the experts. FBI laboratory supervisor Steven G. Burmeister, who has already defended his findings on ammonium nitrate crystals found in a shard of wood he and other experts believe was from the Ryder truck used to deliver the bomb (see November 28 - December 2, 1997), admits that nitromethane that, according to an FBI report, was found in Nichols’s home might have come from a container of model airplane fuel. Burmeister says that the evidence of nitromethane was found near model airplane parts; nitromethane is used in model airplane fuel. “When you reported out your results, did you report that you had found model airplane fuel and a model airplane?” Tigar asks, and Burmeister replies, “No.” Tigar then emphasizes: “You just reported you had found nitromethane. Right?” Burmeister responds, “The result was nitromethane and methanol.” Tigar continues to press, saying: “But did you take steps to make sure that people were going to understand that this was found right next to some model airplane parts? Did you do that?” Burmeister says he did not. British explosive expert Linda Jones, who testified in the trial of convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), says she believes the bomb weighed 3,000 to 6,000 pounds and contained ammonium nitrate. Its other elements were apparently consumed in the explosion. The prosecution has called Jones as an independent expert because of widespread criticism of the FBI laboratory and its employees (see January 27, 1997 and April 16, 1997). (Thomas 12/2/1997)

The prosecution concludes its case against accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) with a gripping story by Marine Captain Matthew Cooper, telling of his attempts to rescue colleagues from the rubble of the devastated Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Legal experts say the prosecution presented a convincing, but not necessarily overwhelming, case against Nichols, who is charged with eight counts of first-degree murder and four counts of conspiracy related to the bombing. Nichols’s co-conspirator, Timothy McVeigh, has already been sentenced to death for the crime (see June 2, 1997 and June 11-13, 1997). Essentially, the prosecution used a mountain of circumstantial evidence to tie Nichols to the crime, even though he was not in Oklahoma City on the day of the bombing (see April 16-17, 1995). Law professor Christopher Mueller says, “There is a huge combination of circumstances that connect Nichols to McVeigh just as there was a huge combination of circumstances connecting McVeigh to the bombing.” Legal analyst Andrew Cohen says: “If the jurors followed the prosecution’s story, then Nichols is in big trouble. But the defense has already done a good job showing that there are inconsistencies and contradictions and those could be enough to hang a jury.” Analysts say the prosecutors were less successful in introducing emotion into the Nichols trial than the prosecutors in the McVeigh trial. And prosecution eyewitnesses such as Cooper and Michael Fortier (see November 12-13, 1997) were less effective in this trial than they were in testifying against McVeigh. Nichols’s defense lawyers have successfully challenged the prosecution’s attempts to have witnesses like Cooper tell graphic and emotionally wrenching stories; today, Cooper’s testimony is brief and matter-of-fact, whereas during his testimony in McVeigh’s trial, he was detailed and emotional, breaking into tears during his stint on the stand. Also, analysts say, the prosecution was not entirely successful in portraying Nichols’s motive for taking part in the bomb plot. (Romano and Kenworthy 12/3/1997)

Defense lawyers continue their attempt to show that their client, accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), was not involved in the conspiracy to bomb the Murrah Federal Building (see December 2-3, 1997), but that others besides Nichols worked with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Two witnesses, James L. Sergent and Georgia Rucker, testify that they saw a large Ryder truck parked at Geary State Fishing Lake, north of Herington, Kansas, where Nichols lives, on April 10, 11, and 12, 1995. Prosecutors say that McVeigh and Nichols brought a Ryder truck to that lake on April 18 to assemble the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Rucker says she saw the same truck at the lake on April 18. Their testimony is designed to bolster the contention that more than just two people took part in building the bomb (see (April 1) - April 18, 1995). Defense lawyers also challenge the credibility of Roger E. Moore, an Arkansas gun dealer whom prosecutors say was robbed by Nichols as part of an attempt to finance the bomb construction (see November 17-18, 1997 and November 19, 1997). Defense witness Larry Hethcox says that Moore later told him the robber took many more items than he originally claimed in police reports. However, the prosecution forces Hethcox to acknowledge that the serial number of one of the guns found in Nichols’s house (see 3:15 p.m. and After, April 21-22, 1995) was of a gun Hethcox sold to Moore. (Thomas 12/5/1997)

The defense in the trial of Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) mounts an attack on Nichols’s alleged co-conspirator, convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Nichols’s lawyers present evidence showing that McVeigh is an anti-government zealot who passed out extremist literature and even wore a T-shirt showing a wanted poster for Abraham Lincoln to a child’s birthday party—the same shirt he wore the day of the bombing. Witnesses testify that McVeigh gave them copies of the same anti-government literature found in the home of Nichols during an FBI search (see 3:15 p.m. and After, April 21-22, 1995). Defense lawyers say that Nichols was just one of many people to whom McVeigh gave such literature, and that McVeigh was a far more committed extremist than Nichols. The defense introduces a letter McVeigh wrote to “S.C.,” a person the FBI believes to be Steven Garrett Colbern, a drifter with a degree in biochemistry and an interest in explosives, though investigators quickly cleared Colbern of any involvement in the bombing plot (see May 12, 1995). The letter was taped to an electrical tower in the California desert, near the Arizona state line, and found by electrical worker Donald E. Pipins (see November 30, 1994). The letter says in part: “I’m not looking for talkers. I’m looking for fighters,” men who could share “a common, righteous goal.” Pipins testifies to his finding the letter. (Romano 11/14/1997; Thomas 12/6/1997)

The defense in the Terry Nichols bombing conspiracy trial (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) presents an array of witnesses who say they saw convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) in the company of someone besides Nichols in the days before the bombing. The defense intends to portray the still-unidentified “John Doe No. 2” (see April 15, 1995, April 18, 1995, April 20, 1995, April 21, 1995, and April 29, 1995) as McVeigh’s accomplice, and not Nichols. Government officials have long claimed that “John Doe No. 2” was a misidentification by witnesses of a person who had no involvement in the bomb plot, Private Todd Bunting of Fort Riley, Kansas (see June 14, 1995). Prosecutors say that those witnesses who claim to have seen “John Doe No. 2” might have seen Bunting or other Fort Riley soldiers with other Ryder trucks aside from that used by McVeigh to deliver the bomb (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), or were influenced by the wanted poster.
Dishwasher Resembled Sketch - Darvin Ray Bates, the former mayor of Waurika, Oklahoma, says in May 1995 he hired a drifter to work as a dishwasher in his Duncan, Oklahoma restaurant. The drifter resembled the sketch federal officials circulated of “John Doe No. 2,” Bates testifies. He says, “I could never pronounce his name, and he said, ‘Just call me John’.” Bates says the man told him he was from Kingman, Arizona, the same town where McVeigh lived. In the days after the bombing, Bates testifies, he told “John” that he looked like the sketch of “John Doe No. 2,” and the man never returned to work. Bates informed the FBI of the encounter, but, he says, an agent told him “they had the two arrested that they needed in the case, and if they needed additional information they could call me.” No one from the FBI contacted Bates again.
Saw Man Accompanying McVeigh One Hour before Bombing - Morris John Kuper, Jr, a computer specialist, testifies that on April 21, two days after the bombing, he told FBI agents that he saw two men getting into an old car across the street from his parking lot at the Kerr-McGee Corporation in Oklahoma City about an hour before the April 19 bombing. One man looked like McVeigh, he testifies, while the other resembled “John Doe No. 2.” Kuper says it took months for FBI agents to contact him about his sighting. Obstetrical nurse Mary Martinez has already testified about seeing McVeigh and “John Doe No. 2” in a Ryder truck in Junction City, Kansas two days before the bombing; prosecutors were able to cast strong doubts upon her story (see December 2-3, 1997).
Sightings of Man At Motel - Hilda Sostre, a maid at the Dreamland Motel, where McVeigh stayed for four days before the bombing, testifies she saw a man resembling “John Doe No. 2” at the motel on April 17, two days before the bombing. She says she saw him walking towards a large Ryder truck. If accurate, Sostre’s sighting conflicts with the prosecution’s assertion that McVeigh did not bring the truck to the motel until much later that day. Shane M. Boyd, who was staying at the Dreamland, testifies that he saw a man resembling “John Doe No. 2” at the motel on Saturday, April 15. Boyd says he passed the man while walking back to his room (see April 13, 1995).
Store Worker Saw McVeigh, Man Together - Rose Mary Zinn says that on April 17, she was working alone in a store in Lincolnville, Kansas, when two men came in. “One was blond and white, and the other one was a dark-complected guy,” she testifies. “The dark-colored guy looked mean. So I know this might sound silly, but I thought, uh-oh, I’m going to be robbed.” Instead of robbing her, they bought cigarettes and soda and left. She says she watched them get into a large Ryder truck. She cannot testify to the men’s features, and says the blond man was shorter than his companion; McVeigh is described as being significantly taller than “John Doe No. 2.”
Father and Son Saw Two Men at Lake - Raymond Siek, who was returning from a funeral on the afternoon of April 17, says he noticed a Ryder truck at Geary State Fishing Lake, the place where prosecutors say the bomb was built on April 18. Siek testifies that he saw two men, and turned to his son, Kevin Siek, and observed, “I wonder what those idiots are doing down there in the rain.” Kevin Siek also testifies: his story is that he saw three men that day, with the third being shorter and perhaps an adolescent.
Other Sightings - On April 17, two people working at the body shop that rented McVeigh the Ryder truck, Eldon Elliott and Vicki Beemer, have said they saw McVeigh and another man in the shop, but neither can describe the second man. Estella Weigel, a health care worker, has already testified she saw a man who looked like “John Doe No. 2” driving an old Mercury similar in year and color to one owned by McVeigh sometime between 7 and 8 a.m. on April 17 (see December 2-3, 1997). (Thomas 12/10/1997)

Marife Nichols (see July - December 1990), the wife of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), gives what analysts call a powerful defense of her husband during trial testimony. Her testimony is combined with that of three others to cast doubt on the prosecution’s assertions that Nichols conspired with convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) to build and detonate the bomb that killed 168 people. The defense, already having attempted to establish that an unidentified person and not Nichols conspired with McVeigh (see December 2-3, 1997, December 4, 1997, and December 9, 1997), now tries to allege that McVeigh was a member of a much larger conspiracy that federal law-enforcement officials never seriously explored. The indictments against both McVeigh and Nichols say that “persons unknown” may have assisted McVeigh and Nichols in the bomb plot. The Washington Post observes that while the others’ testimonies may have helped Nichols, Nichols’s wife’s testimony may have “done more harm than good.” The New York Times agrees, saying that her testimony “seemed to confirm some of the strongest evidence against him.” (Thomas 12/11/1997; Romano 12/12/1997; Thomas 12/12/1997)
Mechanic Testifies to Seeing Five Men at Bomb Building Site - Charles Farley, a mechanic from Wakefield, Kansas, testifies that on April 18, 1995, around 6:00 p.m., he came across five men and four vehicles, including a large Ryder truck and a farm truck laden with bags of ammonium nitrate fertilizer, at Geary State Fishing Lake, near Herington, Kansas. Prosecutors believe that McVeigh and Nichols alone built the bomb at the state park sometime on the morning of April 18 (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Farley says he later saw one of the men, an older man with gray hair and a beard, on television. A photo of the man is shown to the jury, but the man is not identified. Sources say the man is the leader of a Kansas paramilitary group.
BATF Informant Testifies - Carol Howe, a former informant for the Bureau of Alcohol, Tobacco and Firearms (BATF—see August 1994 - March 1995), then testifies, linking McVeigh to white supremacist Dennis Mahon and a group of Christian Identity supremacists living at Elohim City, Oklahoma (see (April 1) - April 18, 1995). Howe says in the spring of 1994, Mahon took a call from a man he identified as “Tim Tuttle,” a known alias of McVeigh’s (see October 12, 1993 - January 1994). Howe says she never told BATF or any other federal agents about the conversation because she did not know “Tuttle” was McVeigh. Howe also says she saw McVeigh at Elohim City in July 1994, in the company of two Elohim City residents, Peter Ward and Andreas Strassmeir. She says at the time she did not know McVeigh. After the bombing, Howe testifies, she told FBI investigators that Ward and his brother might be “John Doe No. 1 and No. 2,” the suspects portrayed in composite sketches circulated in the days after the bombing (see April 20, 1995). She testifies that in the days following the bombing, BATF agents showed her a videotape of McVeigh, and she told the agents she had seen McVeigh at a Ku Klux Klan rally.
White Supremacist Settlement Resident Testifies about Phone Call - Joan Millar, the daughter-in-law of Elohim City religious leader Robert Millar, testifies that on April 5, 1995, she believes she spoke to McVeigh on the telephone. Phone records show that McVeigh called a number in Elohim City on that date (see April 5, 1995). “When I answered the phone, it was a male voice,” she says. “He gave a name, but it wasn’t ‘McVeigh.’ He said that he had—he would be in the area within the next couple weeks and he wanted to know if he could come and visit Elohim City.” She says the caller was reluctant to explain how he knew of the settlement, then says he met some residents at a gun show. A man with “a very broad foreign accent” had given him a card with a telephone number on it, she says he told her. She asked if he had spoken to “Andy,” meaning Strassmeir, and the caller said that may be correct. Millar says the caller told her he would call again for directions, but never called back and never came to the settlement. Millar says that while Elohim City residents were angry and worried about the federal assault on the Branch Davidian compound outside of Waco, Texas (see April 19, 1993 and April 19, 1993 and After), they planned no retaliation. Howe, however, testifies that she heard Strassmeir, Mahon, and Robert Millar advocate some sort of direct action against the federal government. Prosecutors have always maintained that Nichols and McVeigh bombed the Murrah Federal Building in Oklahoma City to avenge the people who died at the Branch Davidian compound.
Testimony of Wife - Marife Nichols testifies that she heard her husband talk about the Davidian tragedy with McVeigh and his brother James Nichols, but says she “did not see Terry being so mad about Waco.” Marife Nichols walks the jury through the events of April 21, when she accompanied her husband to the Herington, Kansas, police station to give voluntary statements about the bombing (see 3:15 p.m. and After, April 21-22, 1995). She describes her husband as “pale and scared,” and says, “He told me his name was in the news and James Nichols was in the news, and they’re supposed to be armed and dangerous.” Her husband worried that they were being followed by “a black car” on their way to the police station. When he said that, she testifies, “I asked him right then, ‘Are you involved in this?’ and he said, ‘No.’” She testifies that before he returned from a November 1994 trip to the Philippines (see November 5, 1994 - Early January 1995) he had told her that he was no longer having dealings with McVeigh (see March 1995). “I didn’t want Tim McVeigh in our life,” she says. (Thomas 12/11/1997)
Cross-Examination Damaging to Defense Portrayal - Lead defense attorney Michael Tigar asserts that Marife Nichols’s testimony shows that “Terry Nichols was building a life, not a bomb.” However, under cross-examination, prosecutors quickly elicit details about the Nichols’s marriage that shows the two as distant and estranged, casting a new light on Marife Nichols’s attempt to portray their relationship as close and loving. She admits that for much of their seven-year marriage, they lived apart from one another, with her returning frequently to her home in the Philippines. She also admits that Nichols lied to her about breaking off his relationship with McVeigh, and that she suspected her husband was living a “secret life” that included numerous aliases and secret storage lockers, though she says as far as she knows, McVeigh was never in their home. She responds to questions about her husband’s shadowy activities by saying: “I don’t know. I didn’t ask him.” She recalls finding a letter to Nichols from McVeigh the week before the bombing, and though she says she did not understand the letter entirely, she remembers some phrases, including “shake and bake” and “needed an excuse for your second half.” US Attorney Patrick M. Ryan shows her a pink receipt found in the Nichols home for a ton of ammonium nitrate that prosecutors say was used to make the bomb, a receipt made out to “Mike Havens,” an alias used by Nichols to buy the fertilizer (see September 22, 1994 and September 30, 1994). The receipt was wrapped around gold coins found at the back of her kitchen drawer; federal analysts found McVeigh’s fingerprints on the receipt. Ryan places two gold coins on the receipt, fitting them precisely into two dark impressions left on the receipt, presumably by the coins. The coins belong to Nichols, and may have come from a robbery Nichols perpetrated to help finance the bombing (see November 17-18, 1997). On April 16, she says, Nichols told her he was going to Omaha, Nebraska, to pick up McVeigh, when in reality he went to Oklahoma City (see April 16-17, 1995). Prosecutors have said that Nichols helped McVeigh stash the getaway car to be used on April 19 after the bomb was detonated (see April 13, 1995). He admitted lying to her about the April 16 trip just seconds before turning himself in on April 21, she says. She admits that Nichols had used a mail-order bride service to find her, and says he once told her, “Young ones were easier to train.” Marife Nichols was 17 when she married Nichols in November 1990; after they married in Cebu City, Philippines, he left her there and returned to the US without her, only bringing her to America months later. She says that she could not remember the exact date of their wedding. She also admits that when she joined Nichols in July 1991, she was pregnant with another man’s child. That child was found in 1993 dead with a plastic bag wrapped around his head; his death was ruled an accident. The two have two more children together. She is unable to offer an alibi for Nichols’s whereabouts on the morning of April 18, when prosecutors say he helped McVeigh construct the bomb. In saying she knew nothing about the storage lockers rented under aliases, she seems to contradict Tigar’s previous assertions that the storage lockers were used for storing innocent items and Nichols chose to use aliases merely to avoid creditors (see November 3, 1997). She also contradicts Nichols’s statements to the FBI that he had not seen McVeigh for months before the bombing.
Defense Rests - After Marife Nichols’s testimony concludes, the defense rests. The Post observes: “The defense’s eight-day case was aimed at generating confusion among jurors by poking holes in the government’s scenario, with the specter of additional accomplices and a second Ryder truck. At times, it seemed like the defense was trying to put the mysterious suspect John Doe No. 2—who was never identified and never found—on trial, instead of Nichols.” Nichols does not testify in his own defense.
Prosecutors Rebut Testimonies - The prosecution offers a brief rebuttal to the testimonies of witnesses who say they saw the Ryder truck at Geary Park earlier than April 17. State park employee Kerry L. Kitchener testifies that in April 1995, he was conducting a fishing survey at the park, and he saw no Ryder truck on April 10, 11, 13, 16, or 17, dates when defense witnesses said they had seen such a truck there. He testifies that he was not at the park on April 18, when prosecutors say Nichols and McVeigh built the bomb there in a Ryder truck. (Romano 12/12/1997; Thomas 12/12/1997)

The prosecution and defense in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997) give their closing statements.
Prosecution: Nichols an Eager Participant - Prosecutor Beth Wilkinson tells the jury that even though Nichols was at home on the day of the bombing, he was an eager participant in the bomb plot, and shares the violent anti-government views of his alleged co-conspirator, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Like McVeigh, she says, Nichols wanted to strike back at the federal government for its role in the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After). “He intended death, destruction, and chaos in Oklahoma City on April 19, 1995,” she says. His favorite quote is from Founding Father Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” However, “Thomas Jefferson never bombed a day care center.” Nichols was involved in the plot from its inception in September 1994, when he left his job on a Kansas ranch “to begin gathering bomb components” (see September 13, 1994 and September 23, 1994), Wilkinson says. Nichols used aliases, such as “Mike Havens,” to purchase several tons of ammonium nitrate fertilizer, a key component in the bomb (see September 22, 1994 and September 30, 1994). He took part in the robbery of a quarry to secure explosives and explosive components (see October 3, 1994), and took part in the purchase of three barrels of nitromethane racing fuel from a Texas dealer (see October 21 or 22, 1994). Nichols also robbed an Arkansas gun dealer to help finance the bombing (see November 5, 1994), a fact confirmed by testimony given by McVeigh’s friend Michael Fortier (see November 12-13, 1997) and by the FBI finding items taken in that robbery in Nichols’s possession (see 3:15 p.m. and After, April 21-22, 1995). Nichols and McVeigh had assembled most of what they needed by November 1994, she says, when Nichols went to the Philippines (see November 5, 1994 - Early January 1995); after that point, she says, “all they had to do was wait.” When Nichols returned from his trip, they resumed their activities, using sales of guns and ammonium nitrate at gun shows to give themselves alibis. In contrast to a claim made in the opening statement by Nichols’s lead lawyer, Michael E. Tigar, she says Nichols was not building a life, “he was building a bomb, and he was building an alibi.” Wilkinson says that witnesses who testified they saw McVeigh with an unidentified person, and not Nichols, in the days before the bombing (see December 2-3, 1997, December 4, 1997, and December 9, 1997), were just plain wrong. Referring to the now-infamous “John Doe No. 2,” she says: “As a result of the media frenzy, sightings of John Doe 2 were about as common and credible as sightings of Elvis. No one is telling you Tim McVeigh was never with anyone else. The issue here is, who is on trial? John Doe 2 is not on trial. Tim McVeigh is not on trial. This is the trial of Terry Nichols.” Concluding the prosecution’s close, lead prosecutor Larry Mackey tells the jury, “It’s finally time—it’s time for justice” in what he calls “America’s most horrific crime.”
Defense: Nichols Victimized by Government - Tigar tells the jury that Nichols is the victim of a farrago of errors and circumstance; the evidence against him, Tigar says, is comprised of dishonest witnesses, sloppy investigation, and misleading circumstantial evidence. “It’s kind of like a stick on the ground, as Sherlock Holmes told Watson,” Tigar says. “If you stand here and look, it seems to point there. But if you walk around to the other side, it points in the opposite direction.” A fellow defense lawyer, Ronald G. Woods, attacks the government’s case, saying, “Anything that differs from the government’s theory, they discount, put aside, ridicule.” The witnesses who saw other men in McVeigh’s company during key moments in the bomb construction timeline were neither wrong nor mistaken, he says. Neither Tigar nor Woods refer at any length to the testimony of Nichols’s wife Marife, which is largely viewed as damaging to their client (see December 10-11, 1997). Tigar continues his previous attack on Fortier, saying: “Michael Fortier is the only witness who says he ever heard anyone say they wanted to bomb the Murrah Building. His testimony was bought and paid for, not with money but with a coin that only the government has the ability to print and hand out, and that is immunity from punishment.” Tigar says that Fortier was far more of a conspirator in the McVeigh plot than Nichols, and accuses the government of turning Fortier from a co-conspirator into a witness. Woods accuses the FBI of manipulating and fabricating witness testimony. Tigar concludes tearfully: “One hundred sixty-eight people died in Oklahoma City. We have never denied the reality of that.” But this is a nation that promises equal justice under law, he says, “rich or poor, neighbor or stranger, tax protester or not, someone who’s different from us, or not.… Members of the jury, I don’t envy you the job that you have,” he says, placing his hand on Nichols’s shoulders. “But I tell you, this is my brother. He’s in your hands.” (Thomas 12/16/1997; Thomas 12/17/1997)

After the closing arguments (see December 15-16, 1997) in the trial of accused Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and November 3, 1997), Judge Richard P. Matsch sends the jury to begin its deliberations. Jurors will not be sequestered and are free to go home at the end of the day. Matsch reminds the jury that “individuals, including Mr. Nichols, have the right under the First Amendment to assemble and discuss even the most unpopular ideas, including unlawful acts, and such a discussion does not constitute an unlawful agreement.” He also tells the jurors to weigh the case solely on the evidence. (Thomas 12/17/1997) Matsch gives the Nichols jury more leeway than he gave the jury that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Though Nichols faces the same charges that McVeigh faced, Matsch tells the jurors that they can consider charges of first-degree murder, second-degree murder, or involuntary manslaughter for Nichols in the deaths of eight federal law enforcement agents in the bombing. (Because McVeigh and Nichols were tried in federal courts, they could only face charges of murdering federal agents. Both men await state charges of murdering the other 160 victims.) If convicted, Nichols could escape with as little as six years in prison without parole for his role in the deaths of the agents, or he could be sentenced to death. McVeigh’s former lawyer Stephen Jones (see August 14-27, 1997) says: “I suspect the judge’s thinking went something like this: There was no evidence Nichols was in Oklahoma City on Wednesday and that he himself set off the bomb, so the jury might infer that while he wanted to blow up the building, he didn’t specifically want to kill these people.” To find Nichols guilty of first-degree murder, the jurors must conclude that he is guilty of premeditated murder; if they do not agree on premeditation, then their next choice is second-degree murder, or failing that, involuntary manslaughter, “the unlawful killing of a human being without malice.” This would be a “lawful act, done without due caution, which might produce death,” he says. Jones is critical of Matsch’s guidelines, saying: “I can’t imagine how the judge persuaded himself to give an instruction on manslaughter. I don’t see how you get involuntary manslaughter out of building a bomb. It’s like a virgin prostitute.” (Thomas 12/19/1997; New York Times 12/23/1997)

Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) sends a letter to the Dallas Morning News that says he expects the appeals of his conviction to fail. “Because of the intense public pressure and demand for my blood, I do not see an appeals court ruling in my favor,” he writes, echoing a statement made to a Buffalo News reporter (see August 17, 1997). McVeigh writes: “I have no fear of execution. If anything, death by execution is much more predictable than normal life or combat—because I at least know when and how I’m checking out.” (New York Times 12/20/1997; Mayhem (.net) 4/2009)

Accused Oklahoma City conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 15-16, 1997) is convicted of one count of conspiracy to use a weapon of mass destruction and eight counts of involuntary manslaughter. He is found not guilty of use of a weapon of mass destruction (see April 16-17, 1995), and of using an explosive, as well as the more serious charges of first-degree and second-degree murder. The jury took 41 hours over six days to decide Nichols’s fate (see December 16-18, 1997). By rejecting the murder charges in the deaths of eight federal law-enforcement officials, the jury concludes that Nichols did not provably intend to kill the people inside the Murrah building. Observers and researchers such as law professor Douglas O. Linder will later conclude that the jury believed the defense’s contention that Nichols had withdrawn from the bombing plot (see March 1995 and March 31 - April 12, 1995), and was probably swayed by Nichols’s decision to stay home on the day of the bombing instead of joining convicted bomber Timothy McVeigh in Oklahoma City (see June 2, 1997) at the bomb site. The jury may also have been moved by Nichols’s show of emotion during the trial; unlike the stoic McVeigh, Nichols broke down and wept during several moments in the proceedings. Legal analysts say the split verdict is in part because of a much more effective defense (see December 2, 1997) than that presented by Nichols’s co-conspirator, McVeigh (see August 14-27, 1997), who was sentenced to death for carrying out the bombing (see June 2, 1997). Kentucky defense lawyer Kevin McNally says of the verdicts: “[They mean] he had a much less culpable state of mind regarding the homicides. To the jury, he engaged in certain actions that were reckless, but it wasn’t a premeditated killing.” Former federal prosecutor Marvin L. Rudnick says the jury “probably compromised” on the involuntary manslaughter verdicts. Lead prosecutor Larry Mackey says: “The jury has spoken. We accept their verdict in its entirety. We are prepared to go forward now with the penalty phase.” Nichols’s lead attorney, Michael Tigar, immediately files an appeal and says he will challenge any attempt by the jury to sentence Nichols to death. However, analysts feel that Nichols will escape execution. Denver attorney Andrew Cohen says: “I would be very surprised if the jury sentenced Nichols to death. They distinguished in their own minds what both men did.” Both McVeigh and Nichols face 160 counts of murder in an Oklahoma state court. (Thomas 12/23/1997; Romano and Kenworthy 12/24/1997; Bruni 12/24/1997; Douglas O. Linder 2001; Indianapolis Star 2003; Douglas O. Linder 2006) Under federal law, a conviction of conspiracy to use a weapon of mass destruction can lead to the death penalty. The law is only three years old and has never been used. This death penalty provision was passed by Congress in 1994 after the bombing of the World Trade Center in New York (see February 26, 1993). (Brooke 12/25/1997)
Mixed Reactions - Predictably, reactions regarding the verdict are mixed. Claudia Denny, whose two children were seriously injured in the blast, says, “We’re all disappointed, but we can live with it.” She says she would have preferred murder convictions, but “one more terrorist is off the street.… The important thing to us now is our children. This doesn’t change that. It doesn’t matter.” Bud Welch, who lost his daughter in the bombing, says that the involuntary manslaughter convictions were inappropriate because that charge is what people get “for running a stoplight” and killing someone with a car. Diane Leonard, whose husband was one of the eight law enforcement agents killed, calls the verdict “a slap in the face.” Marsha Knight, whose daughter was one of the 160 civilians killed in the blast, says: “He conspired to build the bomb. What the hell did they think he was going to do with it?” (Bragg 12/24/1997; Romano and Kenworthy 12/24/1997) President Clinton says the convictions of McVeigh and Nichols “should offer a measure of comfort” to the relatives of the victims. But, he adds, “I know that no verdict in a court of law can ease the loss of a loved one.” (Thomas 12/23/1997)
Judge Offers Leniency, Nichols Turns Down Offer - Judge Richard Matsch later tells Nichols he will consider some leniency in sentencing him to prison if he cooperates in helping the government learn more about the bombing conspiracy. Nichols rejects the offer. (Indianapolis Star 2003)

John Ehrlichman.John Ehrlichman. [Source: PBS]After years of protracted legal wrangling, selected portions of former President Richard Nixon’s secret White House recordings (see July 13-16, 1973) are made public. In a January 2, 1997 panel discussion on PBS, two former Nixon aides, John Ehrlichman and Monica Crowley, and former New York Times reporter Tom Wicker, discuss the content and dissemination of the tapes. All three have listened to the released portions of the tapes, currently housed at the National Archives.
Context - Ehrlichman complains that the selections lack context: “The archivist has snipped little tiny segments, in some cases six or eight seconds, and you don’t know what was said before or after. And it’s tough on a listener.… I think there could be a lot more context given. What they’ve done is try and select out the things that embodied abuses of government power under their regulations, and that’s what they’re giving you.” Wicker says it is hard to know when Nixon’s “popping off” about this or that supposed enemy was ever acted upon and when his instructions to “get” a particular person were ignored. Crowley says: “I think all presidents say things in the heat of disappointment, frustration, anger, even fatigue, that they never intend to have acted upon. And Nixon’s rantings have become a lightning rod for criticism because we can hear his but we can’t hear those of other presidents.”
Brookings Institution Burglary Halted - Ehrlichman explains why Nixon’s 1972 order to burglarize the Brookings Institution (see June 30-July 1, 1971) was never carried out: “because I shot it down.… I tracked down who had followed up—who was proposing to do this thing and I told ‘em to stop. It sounded ridiculous to me. So that was the end of it.”
Comparison of Ellsberg and Hiss - Ehrlichman says that, listening to the tapes, it seems as if Nixon was comparing Daniel Ellsberg, who leaked the notorious “Pentagon Papers” (see June 13, 1971), to his “Communist” nemesis of the 1950s, Alger Hiss. Hiss, prosecuted by Nixon for allegedly selling US intelligence to the Soviet Union, helped Nixon vault to national prominence. Ehrlichman now says Nixon seemed to hope that Ellsberg could provide him with another, similar boost to his political stature before the 1972 presidential elections. In general, Ehrlichman says, Nixon was “very sensitive” to press leaks, especially those that he considered a threat to national security, and “his reaction in some cases was pretty extreme.”
Mentions of Jews - Ehrlichman goes on to address Nixon’s well-documented diatribes against Jews (see September 1971), and says that such outbursts were not confined to Jews: another day “it was major Italian donors to the Democrats, and [the next] it would be black contributors.… He broke it down along ethnic lines. He broke it down along socioeconomic lines. I wouldn’t put too much emphasis on the fact that he was talking about Jewish people in this particular segment.” Wicker says the tapes largely confirm the public impression of Nixon as a “dark… evil man” because of his blatant orders of criminal behavior and his rampant ethnic slurs. (PBS 1/2/1997)

Michael Scheuer, the head of the CIA Counter Terrorism Center’s special unit focusing on bin Laden from 1996 to 1999 (see February 1996), later will claim that before 9/11 members of the bin Laden family in the US are nearly completely off limits to US law enforcement. Author Douglas Farah, a former longtime Washington Post reporter, later will write that “All the bin Ladens living in the United States were granted Saudi diplomatic passports in 1996.… In 1998, when the FBI’s New York office actually sought to investigate some of the bin Laden family’s activities in this country because of suspicions of ties to terrorism, the State Department forced them to shut down the entire operation. Because the bin Laden’s were ‘diplomats’ and as such enjoyed diplomatic immunity, making such investigations illegal.” Scheuer will comment about the 1998 investigation, “My counterparts at the FBI questioned one of the bin Ladens. But then the State Department received a complaint from a law firm, and there was a huge uproar. We were shocked to find out that the bin Ladens in the United States had diplomatic passports, and that we weren’t allowed to talk to them.” Scheuer believes that these unusual diplomatic privileges may help explain how the bin Ladens will be able to depart so quickly just after 9/11 (see September 13, 2001; September 14-19, 2001). Farah later says he interviewed Scheuer about this and claims to have found a second source to verify the information. (Farah 12/5/2004; Follath and Mascolo 6/6/2005) The issue of diplomatic passports for the bin Laden family has generally not been reported in the US media, although a 2005 New Yorker article will mention in passing that in 1996, “the State Department stymied a joint effort by the CIA and the FBI to question one of bin Laden’s cousins in America, because he had a diplomatic passport, which protects the holder from US law enforcement.” (Mayer 2/8/2005) This is a probable reference to the 1996 investigation of Abdullah Awad bin Laden (although he is bin Laden’s nephew, not cousin (see February-September 11, 1996)). It is unclear what connection there may be, if any, between that investigation and this 1998 investigation.

After two days of deliberations and testimony, the jury in the trial of convicted Oklahoma City bomber Terry Nichols (see December 23, 1997) deadlocks on whether Nichols should be sentenced to death (see October 20, 1995). The task of sentencing Nichols now falls to US District Judge Richard Matsch, who excuses the jury and begins considering the sentencing himself. Matsch has the option of sentencing Nichols to life in prison, or to a lesser term. Both Nichols and his partner, convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), face murder charges in the state of Oklahoma. The prosecution put on witnesses who provided graphic, emotional testimony about the carnage and personal losses caused by the blast, while the defense painted Nichols as a loving family man who became caught up in a conspiracy he could not control. Prosecutors, already displeased by the jury’s failure to find Nichols guilty of first-degree murder, are further dismayed by the jury’s actions. Some relatives of the bombing victims, many of whom have attended every day of the trial, leave the courtroom in tears. Jury forewoman Niki Deutchman says: “I think he was building a life; he may also have been building a bomb. I don’t know.… The government wasn’t able to prove beyond a reasonable doubt a whole lot of the evidence. The government didn’t do a good job of proving Terry Nichols was greatly involved in this.” She says some jurors did not believe that Nichols was an equal partner in the bombing with McVeigh, and some believe his role to be peripheral at best. The prosecution’s case, Deutchman says, had large holes which some jurors believe preclude a death sentence. “There were a lot of specific acts [alleged by the government] that I had doubts about,” she says. The FBI came across as “arrogant” and “sloppy” in its investigation, Deutchman says, and notes: “I think the government’s attitude… is part of where all this comes from in the first place. I think maybe it’s time the government be more respectful… and not with the attitude that we know and you don’t, we have the power and you don’t.” Other jurors cite the failure of FBI agents to tape-record their initial interrogation of Nichols (see 3:15 p.m. and After, April 21-22, 1995) as one of many troublesome acts carried out by law enforcement officials. Diane Leonard, who lost her husband in the bombing, expresses her horror at the failure to impose the death sentence, saying: “At the verdict, I felt like a knife was piercing my chest. In any civilized society, death is the only appropriate punishment for such an horrendous act.” Other relatives of the victims call the jury inept and unfair. Matsch praises the jury, saying: “You worked at it; there’s no question about it. The result here will be subject to comment by many. There will be some who will criticize it. There will be some who praise it. You know that you are answerable to no one for your decisions.” Nichols’s lead attorney, Michael Tigar, says, “The jury has spoken, and the judge in summarizing this proceeding has given everybody an invaluable object lesson on how the American justice system works.” Denver lawyer Scott Robinson, who has attended the trial as a media commentator, reminds onlookers: “You can make any calculation you want; Terry Nichols is not going home any time soon or ever. I call it a Methuselah sentence. Only Methuselah would live to see the light of day.… It’s not a crushing defeat for the prosecution. If people view it as that, shame on them.” (Romano and Kenworthy 1/8/1997; Thomas 12/30/1997; Thomas 1/2/1998; Gorov 1/8/1998; Thomas 1/8/1998; Douglas O. Linder 2001)
Analysts, Oklahoma Governor Weigh In - Denver attorney Andrew Cohen, like Robinson and other legal analysts, says the outcome is understandable. “You had far less evidence against Nichols than you had against McVeigh and I think that’s the ultimate truth about this Nichols trial,” he says. “I think that justice was served in the first trial and, I think, that the result of this Nichols trial, when the judge sentences Nichols, will be about as close to justice as I can imagine.” Law professor Christopher Mueller notes that Nichols wasn’t in Oklahoma City when the bomb was detonated (see March 1995 and April 16-17, 1995), and defense lawyers were skillful in casting doubt on whether Nichols actually helped McVeigh assemble the bomb (see April 15-16, 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)). “A verdict of death for Timothy McVeigh and a verdict of a long prison term for Terry Nichols is a just outcome,” he says. Oklahoma Governor Frank Keating is sharply critical of the failure to sentence Nichols to death. “This was the most monstrous act of terrorism ever in the history of the United States,” he says. “The people who did this deserve the death sentence and certainly life in prison—and that hasn’t happened here yet.” Vera Chubb, who served on McVeigh’s jury, is dismayed by the outcome. “They [McVeigh and Nichols] had two years to plan this. If I knew of a friend or anyone that I thought was going to do this horrendous crime, I would have said something,” she says. “I was completely dismayed by this jury.” (Associated Press 1/11/1998) Keating adds that he is “disappointed with the jury. They were expected to make this decision. This is what juries are supposed to do, and they walked away from it. I’m cautiously optimistic that Judge Matsch, who is a tough, no-nonsense, fact-filled, moral judge will make a decision to impose a life sentence on Nichols. We do have a backup prosecution in Oklahoma which, of course, I support, and we’ll wait and watch and see what happens.” (Thomas 1/8/1998)

FBI reward notice for Khalid Shaikh Mohammed.FBI reward notice for Khalid Shaikh Mohammed. [Source: FBI]Islamic militant Ramzi Yousef is sentenced to 240 years for his role in the 1993 WTC bombing. At the same time, prosecutors unseal an indictment against Khalid Shaikh Mohammed (KSM) for participating with Yousef in the 1995 Operation Bojinka plot (see January 6, 1995). In unsealing this, US Attorney Mary Jo White calls KSM a “major player” and says he is believed to be a relative of Yousef. (Walsh 1/9/1998) The US announces a $2 million reward for his capture in 1998 and wanted posters with his picture are distributed. (Risen 6/5/2002) This contradicts the FBI’s claim after 9/11 that they did not realize he was a major terrorist before 9/11. (US Congress 12/11/2002) For instance, a senior FBI official later says, “He was under everybody’s radar. We don’t know how he did it. We wish we knew.… He’s the guy nobody ever heard of.” (McDermott, Meyer, and McDonnell 12/22/2002) However, another official says, “We have been after him for years, and to say that we weren’t is just wrong. We had identified him as a major al-Qaeda operative before September 11.” (Risen 9/22/2002) Yet strangely, despite knowing KSM is a major al-Qaeda operations planner and putting out a large reward for his capture at this time, there is no worldwide public manhunt for him as there successfully was for his nephew Ramzi Yousef. KSM’s name remains obscure and he isn’t even put on the FBI’s Most Wanted Terrorists list until one month after 9/11. (Lance 2003, pp. 327-30)

Prosecutors in Oklahoma City say they want a joint trial for convicted Oklahoma City bombers Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998) on 160 charges of first-degree murder. Oklahoma County District Attorney Robert Macy says he intends to bypass the customary grand jury and file charges against the two on his own for the 160 civilians who died in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). According to Assistant District Attorney Richard Wintory, Macy wants a joint trial with two separate juries. Trying the two again is not a violation of the constitutional ban on double jeopardy, because they were convicted on federal charges that involved the deaths of eight federal agents (see August 10, 1995). They have not been tried for the deaths of the 160 civilians. Wintory says the use of a double jury would save a great deal of time because “there is such a large overlap of the evidence” against both men. When evidence that has been ruled inadmissible against one defendant is to be introduced against the other, Wintory says, the jury that may not hear that evidence will be asked to leave the room. Double juries have been used successfully in other trials, and would spare the survivors and victims’ families of the bombing the stress and trauma of two more trials, a point agreed to by Jeffrey Abramson, a professor of government at Harvard. He says “the idea of two consecutive trials on top of two consecutive trials is too much for the public, the defendants, and the families to bear.” The use of two juries is “a way of balancing defendants’ rights and victims’ rights in a speedy trial.” However, “[i]t changes the psychodynamics of what it means to be on a jury. Two juries sitting in the same room will eyeball the defendant they’re not being asked to try. Certainly, this is not in Terry Nichols’s best interest. If I were his defense lawyer, I would resist.” Having McVeigh and Nichols in the same courtroom “carries a certain suggestion they were in cahoots.” (Thomas 1/9/1998)

Lawyers for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) ask the US Court of Appeals for the 10th Circuit, based in Denver, for a new trial for their client. They argue that McVeigh did not receive a fair trial. In a 225-page brief, McVeigh’s lawyers say that Judge Richard P. Matsch, the federal district judge who presided over McVeigh’s trial and sentencing, made a number of errors in his rulings, jurors had been exposed to prejudicial information in news reports that McVeigh had confessed to his defense team (see February 28 - March 4, 1997), Matsch ignored juror misconduct, and Matsch allowed “unfairly prejudicial, inflammatory” testimony from bombing survivors. (New York Times 1/17/1998)

White supremacist Cheyne Kehoe, serving a lengthy sentence for engaging in a shootout with Ohio police (see June 1997), says he believes his brother, fellow white supremacist Chevie Kehoe, was involved in the Oklahoma City bombing (see (April 1) - April 18, 1995 and 8:35 a.m. - 9:02 a.m. April 19, 1995). Both brothers are fervent anti-government activists who are members of regional militias. Cheyne Kehoe refuses to give further details, saying he does not want to influence his brother’s upcoming trial for his involvement in the same shootout, as well as charges of attempting to overthrow the government. FBI spokesman Ray Lauer says the bureau is investigating claims by a Spokane, Washington, motel manager who says Chevie Kehoe may have had advance knowledge of the bombing. (Mayhem (.net) 4/2009)

The US enacts a law banning torture or abuse by any government official or employee. Title 18 of the US Code, Chapter 113C, Section 2340 bans US officials anywhere in the world from intentionally inflicting “severe physical or mental pain or suffering” upon another person in their control. Violation of this statute would earn the convicted official up to 20 years in prison; if a detainee dies as a result of the abuse, the convicted official can be sentenced to death. Any American official who conspires to have a prisoner abused is subject to the same penalties. (Legal Information Institute 1/26/1998; Savage 2007, pp. 155)

The New Woman All Women Health Care Clinic in Birmingham, Alabama, is bombed by anti-abortion activist Eric Rudolph. The bomb, hidden in a flowerpot, kills police officer Robert Sanderson and critically injures nurse Emily Lyons. Rudolph, who flees the scene and hides successfully for years in the wilds of western North Carolina, is also responsible for the fatal 1996 bombing during the Olympics in Atlanta, Georgia (see July 27, 1996 and After), and several other bombings, including other Atlanta abortion clinics (see January 16, 1997 and October 14, 1998) and an Atlanta lesbian bar (see February 21, 1997). (Federal Bureau of Investigation 10/14/1998; Kushner 2003, pp. 40; CNN 5/31/2003; CNN 12/11/2003) Rudolph lives in Murphy, North Carolina, a small town in the mountainous western part of the state. Over Christmas, he purchased materials from the local Wal-Mart to assist in his fashioning of the bomb. Rudolph was dissatisfied with the results of his earlier bombings, and instead of relying on an alarm clock to act as a timer as he did with his previous bombs, modifies a model airplane remote control to use as a detonator. Before dawn, he places the bomb inside a pot beside the front door of the clinic and places plastic flowers on top of it. He watches from a hill about a block away; when he sees Sanderson bend down to examine the flowerpot, he detonates the bomb. A witness sees Rudolph walking away from the explosion, and, later explaining that he found it suspicious when everyone else was running towards it, watches as Rudolph gets into his pickup truck and drives away. The witness writes down Rudolph’s license plate number—KND 1117—and alerts police. The FBI will soon identify Rudolph with the bombing, and will quickly tie him to his other three attacks. (Freeman 8/24/2006)
Opposed to Abortion, Government - Family members will later say that Rudolph is not only opposed to abortion, but to all forms of government in general; his sister-in-law will tell CNN that Rudolph’s immediate family is “against… any form of government or the form of government that we have in our country today.” Evidence shows Rudolph is an active member of the extremist anti-abortion group Army of God (see 1982 and Early 1980s) and the Christian Identity movement (see 1960s and After), a militant, racist and anti-Semitic organization that believes whites are God’s chosen people. He will be described by future Attorney General John Ashcroft as “the most notorious American fugitive on the FBI’s ‘Most Wanted’ list.” (CNN 12/11/2003)
Will Plead Guilty - Rudolph will later plead guilty to the bombing, and other crimes, in lieu of being sentenced to death (see April 14, 2005). He will justify the bombing in an essay from prison, writing that Jesus would condone “militant action in defense of the innocent.” He will also reveal the location of a large cache of explosives, apparently gathered for future bombing attacks. (Extremist Groups: Information for Students 1/1/2006; Associated Press 5/31/2009)
No Remorse for Sanderson's Death - Of Sanderson’s death, he will write: “Despite the fact that he may have been a good guy, he volunteered to work at a place that murders 50 people a week. He chose to wield a weapon in defense of these murderers… and that makes him just as culpable.… I have no regrets or remorse for my actions that day in January, and consider what happened morally justified.” (Freeman 8/24/2006)

The Committee for Peace and Security in the Gulf (CPSG), a bipartisan group made up largely of foreign policy specialists, sends an “Open Letter to the President” calling for President Clinton to use the US military to help Iraqi opposition groups overthrow Saddam Hussein and replace him with a US-friendly government. US law forbids such an operation. The group is led by, among others, former Representative Stephen Solarz (D-NY) and prominent Bush adviser Richard Perle, a former assistant secretary of defense.
Largely Neoconservative in Makeup - Many of its co-signers will become the core of the Bush administration’s neoconservative-driven national security apparatus. These co-signers include Elliott Abrams, Richard Armitage, John Bolton, Stephen Bryen, Douglas Feith, Frank Gaffney, Fred Ikle, Robert Kagan, Zalmay Khalilzad, William Kristol, Michael Ledeen, Bernard Lewis, Peter Rodman, Donald Rumsfeld, Gary Schmitt, Max Singer, Casper Weinberger, Paul Wolfowitz, David Wurmser, and Dov Zakheim. (CNN 2/20/1998; Lang 6/2004) The CPSG is closely affiliated with both the neoconservative Project for the New American Century (PNAC—see June 3, 1997 and January 26, 1998) and the neoconservative American Enterprise Institute (AEI), both of which boast Perle as a powerful and influential member. Jim Lobe of the Project Against the Present Danger later learns that the CPSG is funded in large part by a sizable grant from the right-wing Bradley Foundation, a key funding source for both the PNAC and the AEI. According to Counterpunch’s Kurt Nimmo, the plan for overthrowing Iraq later adopted by the Bush administration, and currently advocated by the CPSG, will be echoed in the PNAC’s September 2000 document, “Rebuilding America’s Defenses” (see September 2000). (Nimmo 11/19/2002)
Advocates Supporting Iraq-Based Insurgency - The letter reads in part: “Despite his defeat in the Gulf War, continuing sanctions, and the determined effort of UN inspectors to root out and destroy his weapons of mass destruction, Saddam Hussein has been able to develop biological and chemical munitions.… This poses a danger to our friends, our allies, and to our nation.… In view of Saddam Hussein’s refusal to grant UN inspectors the right to conduct unfettered inspections of those sites where he is suspected of storing his still significant arsenal of chemical and biological munitions and his apparent determination never to relinquish his weapons of mass destruction, we call upon President Clinton to adopt and implement a plan of action designed to finally and fully resolve this utterly unacceptable threat to our most vital national interests.” The plan is almost identical to the “End Game” scenario proposed in 1993 (see November 1993) and carried out, without success, in 1995 (see March 1995). It is also virtually identical to the “Downing Plan,” released later in 1998 (see Late 1998). In 2004, then-Defense Intelligence Agency official Patrick Lang will observe, “The letter was remarkable in that it adopted some of the very formulations that would later be used by Vice President [Dick] Cheney and other current administration officials to justify the preventive war in Iraq that commenced on March 20, 2003” (see March 19, 2003). The CPSG advocates:
bullet US support for Ahmed Chalabi’s Iraqi National Congress (INC—see 1992-1996) as the provisional government to replace Hussein’s dictatorship;
bullet Funding the INC with seized Iraqi assets, designating areas in the north and south as INC-controlled zones, and lifting sanctions in those areas;
bullet Providing any ground assault by INC forces (see October 31, 1998) with a “systematic air campaign” by US forces;
bullet Prepositioning US ground force equipment “so that, as a last resort, we have the capacity to protect and assist the anti-Saddam forces in the northern and southern parts of Iraq”;
bullet Bringing Hussein before an international tribunal on war crimes charges.
Carrying out these actions, Solarz says, would completely eliminate the threat of weapons of mass destruction that he claims Iraq owns. (Abrams et al. 2/19/1998; CNN 2/20/1998; Lang 6/2004)

While at the radical Finsbury Park mosque in London, future shoe bomber Richard Reid, at this time an angry young Muslim, meets an Algerian named Djamel Beghal, known as a top militant Islamist. Beghal’s task at Finsbury Park, run by British intelligence informer Abu Hamza al-Masri (see Early 1997), is that of a “talent spotter”—he tells impressionable young men about jihad in places like Algeria and gets them to talk about their frustrations. If Beghal thinks a person has the potential to do more than just talk, he can arrange for the person to travel to a training camp in Afghanistan. Reid travels to Afghanistan after being selected by Beghal, although he will later fail to carry out his suicide mission (see December 22, 2001). (O'Neill and McGrory 2006, pp. 225)

Daniel Rudolph, the brother of accused abortion clinic and Olympic bomber Eric Rudolph (see January 29, 1998 and October 14, 1998), charges the FBI and the national media with persecuting his brother. In protest at what he calls the unfair treatment of his brother, Daniel Rudolph sets up a camera in his Summerville, South Carolina, garage. He then turns on a circular saw and thrusts his left arm into it, cutting off the hand. It will later be surgically reattached. (CNN 5/31/2003)

Terry Nichols, the white separatist convicted of participating in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997), sends a 16-page letter to Judge Richard Matsch declaring that he would give up his life if it would bring back the 168 people who died in the blast. “If I in any way contributed to the Oklahoma City bombing, I am truly sorry,” he writes. “I’ve tried and tried, but there are no words that I can express to the victims and survivors for the loss, pain, sorrow, and heartache that they have gone through and will continue to go through for the rest of their lives.… I wish I could change the past, but I can’t. No one can. This is not anything that I ever wanted to happen. It’s a totally senseless act. This is a burden that I will carry with me all my life.” Nichols says that he never wanted to harm or kill anyone or to damage or destroy any buildings, and writes: “I would not do a horrible thing such as a terrorist bombing.… My heart truly goes out to the victims and survivors. And I am sincere when I say that I would give my life if it would bring back all those that died in the bombing.” He implies that he never believed his co-conspirator, Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) would actually go through with the bombing. (New York Times 3/25/1998; Haynes 6/5/1998; Indianapolis Star 2003; Douglas O. Linder 2006; The Oklahoman 4/2009)

Six Montana Freemen (see 1993-1994, March 25, 1996, and June 13, 1996) are tried in a district court in Billings, Montana, accused of being accessories to helping fugitives avoid arrest during the FBI siege of the Freemen compound. Four Freemen will be ejected from the courtroom for being disruptive during the trial; the four attempt to derail the proceedings by cursing and screaming. All six Freemen have refused to participate in their defense, rejected their court-appointed counsels, and refused to dress themselves for the trial. “It’s a difficult trial to get prepared for,” says Lisa Swanson, who represents defendant James Hance. “He won’t talk to me. The only way he would talk with me is if I would denounce my membership in the American Bar Association.” Three are dragged in and out of the courtroom after refusing to walk, and one is transported in a wheelchair. As they are taken into the courtroom, they yell “non-assumptus,” their term for their claim that the judge has no authority over them. Another defendant, Steven Hance, yells at the presiding judge, “Let the record show I’m placing you under arrest,” and curses him. Hance then knocks over a chair and tries to knock over a computer monitor. A third defendant, James Hance, curses the US Attorney prosecuting the case, Sherry Matteucci. (New York Times 3/16/1998; Los Angeles Times 4/1/1998; Billings Gazette 3/25/2006) Five of the defendants will be convicted (see March 31, 1998).

Five Montana Freemen (see 1993-1994, March 25, 1996, and June 13, 1996) are convicted of serving as accessories to helping other Freemen escape arrest during the 81-day standoff (see March 16, 1998 and After). Steven Hance and his two sons, James and John Hance, are convicted of being accessories and for being fugitives in possession of firearms. Barry Nelson, who joined the Freemen during the standoff (see March 25 - April 1, 1996), is convicted of being an accessory. Elwin Ward is acquitted of accessory charges, but found guilty of submitting a false claim to the Internal Revenue Service. Edwin Clark is acquitted of all charges. (New York Times 4/1/1998; Billings Gazette 3/25/2006) The Hances and Nelson will receive lengthy jail sentences (see June 6, 1998).

The CIA’s bin Laden unit, first created in early 1996 (see February 1996), is ordered disbanded. It is unclear who gave the order. The unit appears to have been the most vocal section of the US government pushing for action against bin Laden. Apparently CIA Director George Tenet is unaware of the plans to disband the unit. He intervenes in mid-May and preserves the unit. Michael Scheuer, the head of the unit, later will comment that by doing so, Tenet “dodged the bullet of having to explain to the American people why the [CIA] thought bin Laden was so little of a threat that it had destroyed the bin Laden unit weeks before two US embassies were demolished.” Scheuer also will comment, “the on-again, off-again signals about the unit’s future status made for confusion, distraction, and much job-hunting in the last few weeks” before the embassy attacks. (Atlantic Monthly 12/2004)

Terry Nichols, the white separatist convicted of participating in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997), refuses an offer of leniency in his upcoming sentencing, an offer contingent on his cooperation in the FBI’s continuing investigation of the bomb plot. In a brief filed by his lawyers, Nichols says any such cooperation would help the state of Oklahoma convict him on 160 counts of murder relating to the bombing. He does offer to look over the thousands of pages of government evidence in an attempt to help the government pinpoint any other suspected participants. Judge Richard Matsch has said he would sentence Nichols to life in prison unless Nichols cooperates with the FBI. Nichols’s lawyer Michael E. Tigar has said that Nichols still faces a state murder investigation in Oklahoma, and “whatever he says falls into hands that do not have his best interests at heart.” (Thomas 3/26/1998; Washington Post 4/21/1998)

Stephen Jones, the former lawyer for convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997, June 11-13, 1997, and August 14-27, 1997), says he will fight a subpoena from a grand jury investigating the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Documents unsealed today show that the grand jury asked the Oklahoma County District Attorney’s office in February to subpoena Jones. “I will not testify,” Jones says, citing both his attorney-client privilege and the Oklahoma shield law protecting journalists from testifying before grand juries. Jones says the shield law applies to him because he is writing a book and three law review articles about issues arising from the case that do not involve privileged information, as well as his appearances as a television commentator. The grand jury was convened after a campaign by Oklahoma State Representative Charles Key (R-Oklahoma City) and accountant Glenn Wilburn (see June 30, 1997). The grand jury does not have any connection with the District Attorney’s upcoming charges against both McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998). McVeigh’s current lawyer, Robert Nigh Jr., says the subpoena is a surprise to him. McVeigh has not waived his attorney-client privilege as it pertains to Jones, and any testimony by Jones could jeopardize McVeigh’s appeals. “He’s asked the 10th Circuit to grant a new trial,” Nigh says. “Anything revealed to the grand jury in the nature of defense work product could defeat our defense at a new trial and reveal our strategy.” Law professor Samuel Issacharoff has mixed feelings about the subpoena: “It should be unusual, exceptional and discouraged to try to turn lawyers into witnesses,” he says. “On the other hand, there is a distressing practice of lawyers holding press conferences and holding themselves out as commentators on the events of the day, including their perception of the client. The result is, they seem to invite this. It is a very unfortunate development because it places the lawyer’s interests starkly against those of the client.” (Thomas 4/25/1998)

David Bossie.David Bossie. [Source: C-SPAN]David Bossie, an investigator for Representative Dan Burton (R-IN), is fired from his position. Bossie recently leaked transcripts of prison conversations featuring former Clinton administration official Webster Hubbell, who will be convicted of defrauding clients and sentenced to prison in 2004. Bossie fraudulently edited the transcripts to have Hubbell imply that First Lady Hillary Clinton broke the law while the two worked together in an Arkansas law firm. Bossie cut out portions of Hubbell’s conversations exonerating her from any wrongdoing, and sometimes rewrote Hubbell’s words entirely. In response to the controversy, House Speaker Newt Gingrich (R-GA) says of Burton and the House Committee on Oversight and Government Reform, “I’m embarrassed for you, I’m embarrassed for myself, and I’m embarrassed for the [House Republican] conference at the circus that went on at your committee.” (In late April, Burton had called President Clinton a “scumbag,” further embarrassing Gingrich and the Republican leadership.) Bossie came to Burton’s staff from Citizens United (CU), which he joined in 1994 and soon rose to become director of government relations and communications. In 1988, as a member of Floyd Brown’s Presidential Victory Committee (PVC), Bossie helped produce the infamous Willie Horton ad (see September 21 - October 4, 1988). In 1992, as executive director of the PVC, Bossie oversaw the release of a fundraising letter accusing then-presidential candidate Bill Clinton of having an affair with an Arkansas woman, for use in an ad that falsely suggested it was the product of President Bush’s re-election campaign. Then-President Bush accused the PVC of engaging in “filthy campaign tactics,” and his son and campaign aide George W. Bush sent a letter asking donors not to give to the organization. Bossie has encouraged Burton to open an investigation into the suicide of Clinton administration aide Vince Foster (alleging that Foster was murdered as part of some unspecified White House plot, or perhaps an Israeli intelligence “black op”). While an aide to Senator Lauch Faircloth (R-NC), Bossie was found to have tried to intimidate a federal judge during a Whitewater-related investigation. Bossie has earned a reputation as a “Whitewater stalker,” combing Arkansas for “evidence” of crimes by the Clintons, and repeatedly making false and lurid allegations against the president and/or his wife. For a year, Bossie has promised that Burton’s committee would soon produce evidence of Chinese espionage and White House collusion, but any evidence of such a scandal has never been produced. A former lawyer for the Oversight Committee, John Rowley, has called Bossie’s actions “unrelenting self-promoti[on]” and challenged Bossie’s competence. Bossie says his transcripts were accurate (though the tapes of Hubbell’s conversations prove he is wrong), and blames committee Democrats for the controversy. (Bresnahan 5/7/1998; Corn 5/7/1998; Media Matters 5/11/2004) WorldNetDaily reporter David Bresnahan writes that according to his sources, Bossie “was either extremely incompetent or was intentionally trying to sabotage” Burton’s investigations into the Clinton administration. Bresnahan also says that Burton allowed Bossie to resign instead of firing him, as other media sources report. (Bresnahan 5/7/1998)

Theodore ‘Ted’ Kaczynski, convicted of charges stemming from the ‘Unabomber’ serial bombing spree, is escorted into the courtroom to hear his sentence.Theodore ‘Ted’ Kaczynski, convicted of charges stemming from the ‘Unabomber’ serial bombing spree, is escorted into the courtroom to hear his sentence. [Source: Associated Press]An unrepentant Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996 and June 9, 1996), is sentenced to four life terms in prison with no possibility of release (see January 22, 1998). (Washington Post 1998) Representatives of some of his victims’ families speak out during the sentencing hearing. “Lock him so far down that when he dies he will be closer to hell,” says Susan Mosser, whose husband Thomas Mosser was killed by one of Kaczynski’s bombs (see December 10, 1994). “May your own eventual death occur as you have lived, in a solitary manner, without compassion or love,” says Lois Epstein, whose husband Charles Epstein suffered a crippling injury to his hand due to another Kaczynski bomb (see June 22, 1993). In handing down his sentence, Judge Garland Burrell Jr. says, “The defendant committed unspeakable and monstrous crimes for which he shows utterly no remorse.” Kaczynski still poses a grave danger to society and would mail his bombs again if he could, Burrell says. Kaczynski delivers a statement to the court; he expresses no remorse whatsoever for his actions, and instead accuses the government of distorting the meaning of his crimes. “Two days ago, the government filed a sentencing memorandum, the purpose of which was clearly political,” containing “false statements, misleading statements,” he says. Kaczynski is referring to excerpts from his journals which prosecutors used to portray him, not as a principled citizen out to save society and the environment from the ravages of technology, but, in the words of the Washington Post, as “a petulant, almost childish murderer who killed to extract ‘personal revenge’ on people who crossed him—from women who did not respond to his overtures to campers who wandered by his Montana cabin to planes filled with ‘a lot of businesspeople.’” Kaczynski tells the court: “By discrediting me personally, they hope to discredit my political ideas.… At a later time I expect to respond at length to the sentencing memorandum. Meanwhile, I hope the public will reserve judgment against me and all the facts about the Unabomb case until another time.” After Kaczynski speaks, Susan Mosser walks to the prosecutors’ table and speaks. “Nails,” she says. “Razor blades. Wire. Pipe and batteries. The recipe for what causes pain. Hold it in your hand, as my husband Tom did, and you feel unbearable pain.” She tells how Kaczynski’s bomb, made with wires and pipes and filled with nails, tore her husband’s torso apart, spilling his entrails over the kitchen floor. Other victims tell the court that they would have supported a death sentence. Nicklaus Suino, injured by one of Kaczynski’s bombs (see November 15, 1985), says, “I wouldn’t have shed a tear if he was executed.” David Gelernter, another man crippled by one of Kaczynski’s bombs (see June 24, 1993), says he argued for a death sentence but says that Kaczynski will live on as “a symbol of cowardice.” Kaczynski’s brother David Kaczynski speaks briefly outside the courthouse, telling reporters: “There are no words to express the sorrow of today’s proceedings. To all of these people, the Kaczynski family offers its deepest apologies. We’re very, very sorry.” (Washington Post 5/5/1998) Kaczynski will live out his sentence at the Florence, Colorado, “Supermax” federal prison, in a small cell equipped with a shower, toilet, electric lamp, concrete desk and stool, and a small television. He will have access to books from a well-stocked library, and will eat three meals a day in his cell. The Florence facility is considered the most secure prison in the nation; it is designed to house “the folks who simply cannot function in open institutions,” according to research analyst Tom Werlich. Kaczynski will not be alone at the “Supermax” facility: others such as Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and World Trade Center bombing mastermind Ramzi Yousef (see February 7, 1995) are in the same facility. Like the other inmates, Kaczynski will have no contact with other inmates, and for the two hours a day he spends outside his cell, he will be constantly escorted by at least two guards. (Associated Press 7/4/1998)

The cover of ‘False Prophets.’The cover of ‘False Prophets.’ [Source: Amazon (.com)]Dale Jakes and his wife Connie Jakes release a new book, False Prophets, that details their experiences as FBI informants who infiltrated the Montana Freemen for 14 months in 1995 and early 1996 (see 1993-1994). The Jakes write that they collected enormous amounts of information for the FBI. Dale Jakes was welcomed by the Freemen because of his knowledge of explosives, and Connie Jakes became the group’s unofficial office manager. They left the group shortly before the March 1996 standoff between the Freemen and law enforcement authorities (see March 25, 1996). The two also collected information on dozens of other extremist groups that the Freemen were in contact with, including many who came to visit the Freemen and take what Dale Jakes calls “basic hate courses” in ideology and financial fraud (see September 28, 1995 and After). The Jakes say that the FBI delayed attempts to arrest the Freemen leaders to give the Jakes the chance to collect more data. A former sheriff’s deputy for the area confirms that the two did work for the FBI. Dale Jakes says that one of the more worrisome moments came when a group of Freemen assaulted an ABC News crew and chased them off the property (see October 2, 1995). “Unknown to the film crew, four high-powered rifles with scopes were trained on the driver and his passenger,” Jakes says. “In the cabin, a debate raged among the Freemen leaders as to whether or not to ‘shoot them.’” (Associated Press 5/12/1998)

Michael Fortier, a co-conspirator in the Oklahoma City bombing (see March 24, 1988 - Late 1990, March 1993, May-September 1993, February - July 1994, October 21 or 22, 1994, and December 16, 1994 and After) who cooperated with authorities in testifying against bombers Timothy McVeigh and Terry Nichols (see May 19, 1995, August 8, 1995, April 29-30, 1997, May 12-13, 1997, and November 12-13, 1997), is sentenced to 12 years in prison for his role in the bomb plot, fined $200,000, and ordered to pay $4,300 in restitution. Judge G. Thomas Van Bebber’s decision seeks a middle ground between the relatives of bombing victims, who have demanded a harsh sentence for Fortier, and federal prosecutors, who recommend leniency for Fortier’s cooperation. Fortier’s lawyer Michael McGuire tells Van Bebber: “Michael Fortier did not believe Timothy McVeigh was going to carry out the bombing. For his negligence, he will always be the unforgiven man.” Fortier also receives credit for the 34 months he has already served in detention. In the sentencing hearing, Fortier apologizes to the victims for not turning in McVeigh and Nichols ahead of the bombing. “I deeply regret not taking the information I had to the police,” he says through tears. “I sometimes daydream that I did do this and became a hero, but [the] reality is that I am not.… I have paid close attention to the testimony given by the bombing survivors. The stories are so horrifying, so heartbreaking, and so full of human suffering that I cannot bear them. I am too weak to contemplate them for long. I feel as if my mind will break and I’ll cry and cry and never stop. Dear people, please, I offer my apology and I ask you to forgive me.… Please, please don’t let thoughts of me continue to hurt you.” Many survivors and victims’ relatives testify at the sentencing, telling of the grief and despair they and their families have suffered. Constance Favorite, who lost a daughter in the bombing, tells the judge: “All he needed to do was take responsibility and call. One phone call would have done it.” Marsha Kight, who also lost a daughter in the bombing, says Fortier’s sentence is too light. “Life in prison is what I would have considered enough,” she says. “I think he conspired. I think he helped buy components for the bomb. What do you call that?” Prosecutors call the sentence “appropriate” and say they are unmoved by Fortier’s declarations of remorse. “I think everyone in the courtroom had to think that it’s a little too late and a little too little,” says US Attorney Patrick M. Ryan. Van Bebber, chief judge of the US District Court for Kansas, was appointed to handle the sentencing because an appeals court ruled in 1995 that Oklahoma City federal judges had a potential conflict of interest in the case. The Oklahoma City federal courthouse sits across the street from where the Murrah building once stood, and itself was damaged by the bombing. (Romano 5/28/1998; Thomas 5/28/1998; Douglas O. Linder 2001; The Oklahoman 4/2009) Van Bebber rejected pleas for leniency from Fortier’s lawyers, who asked that Fortier be sentenced to serve the 33 months he has already been incarcerated—essentially setting him free immediately. He followed prosecutors’ recommendations that Fortier serve between 11 and 14 years, after saying that he was considering sentencing Fortier to over 17 years in prison. (Thomas 5/13/1998) Fortier’s lawyers say they will appeal the sentence, and accuse prosecutors of misrepresenting the amount of jail time they would seek if Fortier cooperated with the investigation and testified in the McVeigh and Nichols trials. (Indianapolis Star 2003) Fortier will win an appeal of his sentencing; the appellate court will find that Van Bebber used sentencing guidelines that were too strict. Fortier’s jail sentence will remain the same, but his fine will be reduced to $75,000. (The Oklahoman 4/2009) He serves his sentence in the “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczysnki, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). He will be released in January 2006, after serving 10 years and six months of his sentence. (Douglas O. Linder 2001)

Garfield County, Montana, prosecutor Nick Murnion receives the John F. Kennedy Profile in Courage Award for enforcing the law despite death threats from the Montana Freemen (see 1993-1994). Murnion receives the award from the Kennedy family at the JFK Library in Boston. (Billings Gazette 3/25/2006)

Khalid Shaikh Mohammed (KSM) is almost caught in Brazil. Apparently, the Malaysian government discovers that KSM is in the country using an alias and an Egyptian passport, and that he has obtained a Brazilian visa. So on June 25, 1998, the US asks Brazil to help capture him. A former US official will later say, “We were fairly convinced… that he was there” in the town of Foz de Iguazu, a criminal haven that he had visited at least once before (see December 1995). (McDermott, Meyer, and McDonnell 12/22/2002; Hall 3/13/2003) However, KSM gets away. Time magazine reporter Tim McGirk will later claim, “They almost nailed him in Brazil. They knew that he’d left from Malaysia to Brazil….” (Block 3/3/2003) “He had supposedly gone there to promote Konsonjaya, a Malaysian company that secretly funded Muslim rebels in Southeast Asia.” (Gunaratna 6/1/2005) Konsonjaya was the front company used for the Bojinka plot in 1995 (see January 6, 1995 and June 1994), and it supposedly dealt in Sudanese honey and palm oil. (Fineman and Paddock 2/7/2002; Bokhari et al. 2/15/2003) The Telegraph, in an apparent reference to Konsonjaya, will later report that KSM “acted as financier and coordinator, through another [Malaysian company] which traded Sudanese honey. He traveled widely, including at least one trip to Brazil….” (Booth 3/2/2003) The honey distribution business had a base in Karachi, Pakistan, and employed KSM’s nephew Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi). (US Department of Defense 4/12/2007, pp. 17 pdf file) It is remarkable that KSM would be connected to this company in 1998, considering that the company’s records were introduced as evidence in a public trial of some Bojinka plotters in 1996. (Fineman and Paddock 2/7/2002)

Judge Richard P. Matsch sentences convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997) to life in prison without the possibility of parole after his jury cannot decide whether to sentence him to death (see January 7, 1998). He is also sentenced to eight concurrent six-year terms for the deaths of eight federal agents. Matsch orders Nichols to pay $14.5 million in restitution to the General Services Administration (GSA) for the destruction of the Murrah Federal Building. Nichols swears he has only $40,000 in assets; Matsch says that any future proceeds he might receive for selling his story would be given over to the government. Nichols’s defense team tried in vain to assert that Nichols was a “dupe” of fellow defendant Timothy McVeigh (see June 11-13, 1997) and should be given a lighter sentence. Nichols, who refused to provide information about the bombing plot, gave Matsch a written apology (see March 10, 1998). Matsch says Nichols committed an act of treason that demands the most severe punishment: “The only inference that can be drawn from the evidence is that the purpose of the plan was to change the course of government through fear and intimidation.… The evidence shows to my satisfaction that the intention was to disrupt, to disorganize, to intimidate the operations of these agencies and United States government. Apparently, the intention was that the response would be fear and terror and intimidation and that these people would not be able to perform their work and that the response throughout the nation would be hysteria.… But you know, it didn’t work out that way. There was no anarchy. There was no reign of terror.… What occurred was that a community became even more united, and I think perhaps the country as well. We proceeded with the orderly processes of recovery and of restoration.… What he did was participate with others in a conspiracy that would seek to destroy all of the things that the Constitution protects. My obligation as a judge is to preserve, protect, and defend the Constitution of the United States against all enemies, foreign and domestic. Terry Nichols has proven to be an enemy of the Constitution, and accordingly the sentence I am going to impose will be for the duration of his life. Anyone, no matter who that person might be or what his background might be, who participates in a crime of this magnitude has forfeited the freedoms that this government is designed to protect.” Prosecutors say they are pleased with the sentence, while Nichols’s defense lawyers continue to assert that Nichols did not intend to kill anyone in the bombing. Nichols’s lead attorney, Michael Tigar, files papers calling for a new trial; Matsch says he will schedule a hearing. Marsha Kight, whose daughter Frankie Ann Merrell was killed in the bombing, says: “I’m proud of what happened in the judicial system. I felt like singing ‘God Bless America.’ He got what he deserved.” (Haynes 6/5/1998; Kenworthy 6/5/1998; Thomas 6/5/1998; Douglas O. Linder 2001; Indianapolis Star 2003; Fox News 4/13/2005) Nichols will serve his term in the “supermax” federal facility in Florence, Colorado, that houses Theodore Kaczysnki, the “Unabomber” (see April 3, 1996), and convicted World Trade Center bomber Ramzi Yousef (see February 26, 1993 and February 7, 1995). (Douglas O. Linder 2006) Nichols refused an offer of leniency in return for his cooperation in further investigation of the bombing (see April 21, 1998).

Four members of the Montana Freemen (see 1993-1994) are forcibly wheeled into court in wheelchairs after refusing to come to court under their own power, and are sentenced to prison for their part in the group’s standoff with the FBI (see March 25, 1996 and March 31, 1998). US District Judge John C. Coughenour sentences Steven Hance to 78 months in jail. Hance interrupts the proceedings with shouts that he is not a US citizen and not subject to the jurisdiction of the court. Barry Nelson receives 71 months. John Hance receives 63 months. James Hance receives 67 months. Fellow Freeman Elwin Ward, who does not resist being brought to court, is released for time served. (Associated Press 6/6/1998)

Federal Judge Richard P. Matsch gives permission for the Justice Department to assist the investigation of an Oklahoma grand jury investigating whether the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was carried out by more than the two men convicted of the crime (see June 30, 1997). Matsch presided over the trials of convicted bombing conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). Matsch says he will allow a federal judge in Oklahoma to decide whether federal grand jury information used to indict McVeigh and Nichols (see August 10, 1995) could be used by the Oklahoma grand jury. (New York Times 6/25/1998)

Republic of Texas logo.Republic of Texas logo. [Source: Republic of Texas]Three members of the separatist Republic of Texas (RoT) are charged with conspiracy to use weapons of mass destruction in a plot to assassinate President Clinton and other federal officials. The plot consists of an anthrax-like toxin to be delivered via a cactus thorn fired from a modified butane lighter. One man, Oliver Dan Emigh, is later acquitted. The other two, white separatists Jack Abbot Grebe Jr. and Johnnie Wise, will be sentenced to lengthy prison terms. The RoT considers itself the sovereign governing body of Texas, under what it calls “common law” similar to beliefs espoused by the Montana Freemen (see 1983-1995 and Fall 2010). In 1996, the RoT split into three factions, led by different members. The faction led by Jesse Enloe harbors Grebe, Wise, and Emigh. Computer consultant John L. Cain was approached by Grebe and Wise for help in sending “untraceable” email messages to government officials. Cain informed the FBI, worked with Grebe and Wise, and provided the evidence that led to their arrests. Though some RoT members will express their anger and opposition to their fellow group members’ criminal activities, Grebe and Wise will be listed as “prisoners of war” on the RoT Web site. After Grebe and Wise’s convictions, RoT will become a less extremist organization, and after the 9/11 attacks, some members will say they stand ready to help the government stand off terrorist attacks. RoT members will turn their attention to patrolling the Texas-Mexican border, sometimes forcibly deporting illegal immigrants. (Southern Poverty Law Center 6/2001; National Consortium for the Study of Terrorism and Responses to Terrorism 2010)

A jury convicts Montana Freemen (see 1993-1994) leader LeRoy M. Schweitzer (see 1983-1995) and three of his fellows, Dale Jacobi, Daniel E. Petersen Jr., and Russell D. Landers, for conspiracy and bank fraud (see May 27, 1998 and After). Schweitzer is found guilty on 21 of 30 counts, most involving fake checks and money orders issued by the group. Schweitzer, Petersen, Richard Clark, and Rodney Skurdal are found guilty of two counts of threatening to kill Judge Jack Shanstrom. The defense argued that the Freemen sincerely believed that they were doing what was necessary; defense attorney Anthony Gallagher said during the trial, “These were folks that legitimately believed that their government was no longer their government.” After several days of jury deliberations, District Judge John C. Coughenour declares a mistrial on 63 unresolved counts of the 126 total charges; one of those charges is that all the defendants engaged in an enormous fraud scheme. (Reuters 7/3/1998; Associated Press 7/3/1998; Southern Poverty Law Center 8/1998; Billings Gazette 3/25/2006)

The first annual American Heritage Festival, billed as a family-friendly “patriotic Woodstock” aimed at drawing militia members, Patriot group members, and others, draws some 3,000 participants to the Carthage, Missouri, event over two days. Some of the scheduled speakers include well-known militia figures James “Bo” Gritz, Jack McLamb, Oklahoma State Representative Charles Key, right-wing investigative reporter Christopher Ruddy, and others. (Center for New Community 6/1998; Southern Poverty Law Center 6/2001)

Mohamed al-Owhali.Mohamed al-Owhali. [Source: CNN]Before and after the August 7, 1998 attack on the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998), a bomber involved in that attack named Mohamed al-Owhali makes a series of calls to al-Qaeda associate Ahmed al-Hada, who runs an al-Qaeda communications hub in Sana’a, Yemen. Al-Owhali briefly stayed at the hub about three months before the bombings and made some calls from there. He then traveled to other locations, including Pakistan, and flew to Kenya on August 2. Beginning August 4, he makes a series of calls to al-Hada at the Yemen hub. The details of these calls have not been revealed, but they continue until about two hours before the embassy bombings take place. Al-Owhali is supposed to be martyred in the attack, but he runs away at the last minute and survives. Beginning on August 8, he repeatedly calls al-Hada, asking for help getting out of Kenya. He eventually receives $1,000 from him. Al-Hada is actually about to fly to Kenya to help al-Owhali get out when al-Owhali is arrested on August 12. Al-Hada also receives three calls from bin Laden’s satellite phone, which is being monitored by the NSA (see November 1996-Late August 1998). Following a raid by London police, the FBI allegedly trace a fax claiming responsibility for the attack through Baku, Azerbaijan, to bin Laden’s satellite phone, which leads them to the communications hub in Sana’a (however, it is likely that the NSA at least is already monitoring the hub phone number). Phone records for the hub direct them to al-Owhali in Nairobi. Al-Owhali has already been arrested based on a tip-off and, after the FBI interrogators realize he is lying to them, he confesses to calling the number. (United State of America v. Usama bin Laden, et al., Day 14 3/7/2001; United State of America v. Usama bin Laden, et al., Day 23 3/27/2001; Burke 8/5/2001) The translator during al-Owhali’s interviews is Mike Feghali, who will later be accused of serious improprieties after 9/11 by whistleblower Sibel Edmonds (see July-August 2001). (Federal Bureau of Investigation 9/9/1998, pp. 1 pdf file) Author Lawrence Wright will say, “This Yemeni telephone number would prove to be one of the most important pieces of information the FBI would ever discover, allowing investigators to map the links of the al-Qaeda network all across the globe.” (Wright 2006, pp. 275-8) The NSA may well already have been aware of the number since bin Laden’s monitored phone called it many times, but the US intelligence community now begins a joint effort to exploit it (see Late August 1998 and Late 1998-Early 2002). Other apparently inaccurate stories about how al-Owhali was captured have been reported in the press. (Reeve 1999, pp. 48)

Calls are made using Osama bin Laden’s satellite telephone to an al-Qaeda communications hub in Sana’a, Yemen, which is involved in the embassy bombings (see 10:35-10:39 a.m., August 7, 1998). According to MSNBC, two of the calls from bin Laden’s phone are made “days before” the bombings. The NSA is intercepting calls from bin Laden’s satellite phone at this time (see November 1996-Late August 1998) and his phone is used to make dozens of calls to the Yemen communications hub from 1996 to 1998, but it is unclear what is done with the intercepts, as the NSA is sometimes unwilling to share information with other US intelligence agencies (see Between 1996 and August 1998, December 1996, Between 1996 and September 11, 2001, and Before September 11, 2001). (Los Angeles Times 10/10/2001; MSNBC 2/14/2002; Hosenball and Klaidman 2/18/2002; McDermott 9/1/2002) The communications hub is run by veteran mujaheddin Ahmed al-Hada, an associate of one of the embassy bombers, Mohamed al-Owhali. Al-Owhali stays at the hub in the months before the bombing and obtains a fake passport in Yemen (see August 4-25, 1998). (Federal Bureau of Investigation 9/9/1998 pdf file) The NSA continues to intercept calls to and from the hub after the embassy bombings (see Late August 1998 and August 4-25, 1998).

Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right).Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right). [Source: Associated Press] (click image to enlarge)Two US embassies in Africa are bombed within minutes of each other. At 10:35, local time, a suicide car bomb attack in Nairobi, Kenya, kills 213 people, including 12 US nationals, and injures more than 4,500. Mohamed al-Owhali and someone known only as Azzam are the suicide bombers, but al-Owhali runs away at the last minute and survives. Four minutes later, a suicide car bomb attack in Dar es Salaam, Tanzania, kills 11 and injures 85. The attacks are blamed on al-Qaeda. Hamden Khalif Allah Awad is the suicide bomber there. (PBS Frontline 2001; United States of America v. Usama Bin Laden, et al., Day 38 5/2/2001) The Tanzania death toll is low because, remarkably, the attack takes place on a national holiday so the US embassy there is closed. (Miller, Stone, and Mitchell 2002, pp. 195) The attack shows al-Qaeda has a capability for simultaneous attacks. The Tanzania bombing appears to have been a late addition, as one of the arrested bombers allegedly told US agents that it was added to the plot only about 10 days in advance. (United State of America v. Usama bin Laden, et al., Day 14 3/7/2001) A third attack against the US embassy in Uganda does not take place due to a last minute delay (see August 7, 1998). (Associated Press 9/25/1998) August 7, 1998, is the eighth anniversary of the arrival of US troops in Saudi Arabia, and some speculate that is the reason for the date of the bombings. (Gunaratna 2003, pp. 46) In the 2002 book The Cell, reporters John Miller, Michael Stone, and Chris Miller will write, “What has become clear with time is that facets of the East Africa plot had been known beforehand to the FBI, the CIA, the State Department, and to Israeli and Kenyan intelligence services.… [N]o one can seriously argue that the horrors of August 7, 1998, couldn’t have been prevented.” They will also comment, “Inexplicable as the intelligence failure was, more baffling still was that al-Qaeda correctly presumed that a major attack could be carried out by a cell that US agents had already uncovered.” (Miller, Stone, and Mitchell 2002, pp. 195, 206) After 9/11, it will come to light that three of the alleged hijackers, Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi, had some involvement in the bombings (see October 4, 2001, Late 1999, and 1993-1999) and that the US intelligence community was aware of this involvement by late 1999 (see December 15-31, 1999), if not before.

James ‘Bo’ Gritz.James ‘Bo’ Gritz. [Source: Hyde Park Media]Militia leader and former Green Beret James “Bo” Gritz arrives in Andrews, North Carolina, from his camp in Idaho. Gritz, now a right-wing talk show host and vehement anti-abortion advocate, says that he and his fellow militia members have been asked by the FBI to help find fugitive Eric Rudolph, who is in hiding from the FBI (see July 1998) after bombing abortion clinics, a gay and lesbian nightclub, and the 1996 Olympics (see January 29, 1998 and October 14, 1998), and persuade him to surrender; Gritz tells reporters that the alternative for Rudolph is a “bullet in the neck” from the FBI or police officers. Gritz says he believes Rudolph may have a shortwave radio and is listening to his broadcasts. Gritz is a leader in the Christian Patriot movement and was the 1992 presidential candidate of the far-right Populist Party. In 1992, he helped the FBI negotiate an end to the armed standoff in Ruby Ridge, Idaho. Gritz and some 100 fellow militia members and area volunteers spend a week in Andrews. The plan, according to author Maryanne Vollyers, is for Gritz to solicit the help of Rudolph’s mother Patricia, persuade Rudolph to come out of hiding, and protect him with lawyers and bodyguards through his legal processing. In return, Gritz will claim the $1 million reward being offered for Rudolph’s capture by the FBI. However, Patricia Rudolph refuses to cooperate with Gritz. A week after their arrival, Gritz and his followers give up trying to find Rudolph. (CNN 7/31/1998; CNN 5/31/2003; Vollyers 2006, pp. 166-167) Later, Gritz will tell Vollyers that his purpose in trying to find Rudolph was to turn him into a “Christian Patriot icon,” whom he could use to advocate against abortion and homosexuality. Gritz views Rudolph as a potential “champion” for their shared right-wing views. Gritz will say that he believes Rudolph could win an acquittal through “jury nullification,” and will tell Vollyers: “I thought, boy, what an impact if a jury was to turn Eric Rudolph loose. Every abortion doctor in this country would have to grab his anus and head for wherever he could hide.” (Vollyers 2006, pp. 166-167)

David Horowitz, in a 2009 appearance on Fox News.David Horowitz, in a 2009 appearance on Fox News. [Source: Fox News]Conservative pundit and author David Horowitz attacks the NAACP’s advocacy of restrictions on gun ownership. Horowitz writes an op-ed for the Internet magazine Salon in response to NAACP president Kwesi Mfume’s announcement that his organization would file a lawsuit to force gun manufacturers “to distribute their product responsibly.” Mfume noted that gun violence kills young black males at a rate almost five times higher than that of young white males, and in a press release, noted, “Firearm homicide has been the leading cause of death among young African-American males for nearly 30 years.” Horowitz calls the NAACP’s lawsuit “an absurd act of political desperation by the civil rights establishment,” and asks: “What’s next? Will Irish-Americans sue whiskey distillers, or Jews the gas company?” It is young black males themselves who bear the responsibility for the disparate number of gun-related deaths among their number, Horowitz writes, and nothing more; the NAACP is itself “racist” for claiming otherwise. “Unfortunately, as a nation we have become so trapped in the melodrama of black victimization and white oppression that we are in danger of losing all sense of proportion,” he writes, and says that the idea of any African-American oppression in America is nothing more than “a politically inspired group psychosis,” inspired by “demagogic race hustlers” and “racial ambulance chasers” such as Mfume, other civil rights leaders, including Jesse Jackson and the Reverend Al Sharpton, and other organizations such as Amnesty International. Horowitz extends his argument to claim that “race baiting” by civil rights organizations, liberals, and Democrats is a tactic being used to defeat Republican presidential candidate George W. Bush (R-TX). The left is threatened by Bush’s “outreach to minority communities and by his support among blacks,” he writes, and asks, “Is there a vast left-wing conspiracy that sees Bush’s black support as a political threat?” Black males, Horowitz writes, die in disproportionately higher numbers because they commit a disproportionately high number of violent crimes; they do so, he writes, because they are predisposed, either by genetics or culturally, to commit violent crimes. Any other explanation, he writes, is to embrace what he calls “institutional racism” that makes excuses and blames whites for the suffering and oppression blacks apparently inflict upon themselves. African-Americans would do well, Horowitz writes, to abandon their support of “patronizing white liberals” and embrace conservative leadership offered by such figures as Bush and New York City mayor Rudolph Giuliani. However, he concludes, that “would mean abandoning the ludicrous claim that white America and firearms manufacturers are the cause of the problems afflicting African-Americans. It would mean taking responsibility for their own communities instead.” (Horowitz 8/16/1998) In response, Time national correspondent Jack E. White labels Horowitz a “real, live bigot.” White calls Horowitz’s column “a blanket assault on the alleged moral failures of African-Americans so strident and accusatory that it made the anti-black rantings of Dinesh D’Souza (see March 15, 1982 and June 5, 2004) seem like models of fair-minded social analysis.” White asks: “Is he really unaware of concerted attempts by African-American civil rights leaders, clergymen, educators, and elected officials to persuade young black men and women to take more responsibility for their actions? Just two weeks ago, at the National Urban League convention in Houston, I heard Jesse Jackson preach a passionate sermon on that theme. In fact, he and other black leaders have been dwelling on such issues for years.” (White 8/30/1998)

The FBI gives a $1 million reward to David Kaczynski, who identified his brother Theodore “Ted” Kaczynski as the “Unabomber” (see April 3, 1996). The FBI spent nearly 20 years in an ever-increasing and fruitless manhunt to catch the serial bomber. David Kaczynski works as a youth shelter social worker in Schenectady, New York. He has expressed his ambivalence over turning his brother over to the FBI. Kaczynski has said that if he receives the reward money, he will donate most of it to the families of his brother’s victims. The Kaczynski family feels that giving most of the money to the victims “might help us resolve our grief over what happened,” he says. Kaczynski family attorney Anthony Bisceglie says now that Kaczynski has actually received the money, “[t]hat certainly still is his intent.” Kaczynski notes that he has to use some of the money to pay off the family’s legal bills resulting from the Unabomber case. FBI spokesman John Russell says that the $1 million reward is one of the biggest rewards ever paid in a domestic terrorism case. Kaczynski says that while he does not claim the mantle of “hero” that lead prosecutor Robert J. Cleary labeled him, he believes that his choice to turn in his brother may have spared the lives of more innocent people. Kaczynski pressed federal prosecutors to consider his brother as not just guilty of heinous crimes, but deeply mentally ill (Ted Kaczynski has been diagnosed as suffering from acute paranoid schizophrenia). It is in part because of the diagnosis, and because of pressure from David Kaczynski, that the government ultimately chose not to seek the death penalty against his brother (see May 4, 1998). Until the government reversed itself and chose not to seek the death penalty, David Kaczynski was bitterly angry at the government and accused Justice Department officials of wanting to “kill my brother at any cost” (see December 30, 1997). Kaczynski and his mother, Wanda Kaczynski, also criticized the FBI and Unabom Task Force prosecutors for misleading them during the negotiations that led up to their identification of Theodore Kaczynski by suggesting they were interested in obtaining psychiatric help for him and not in pressing for capital punishment. During the entire trial, though David Kaczynski sat just 10 feet behind his brother in the courtroom, Ted Kaczynski never once acknowledged his brother’s presence or looked at him. (Claiborne 8/21/1998)

Indiana University (IU) sophomore Benjamin “August” Smith gives a fiery interview to a student reporter that details his hatred of African-Americans, Hispanics, Jews, homosexuals, and even many Christians. Smith describes himself as a member of the World Church of the Creator (WCOTC—see May 1996 and After), a self-described “race religion” that espouses racism and totalitarianism. (Sorg 8/27/1998) (Smith is the group’s “Creator of the Year” for 1998.) (Anti-Defamation League 2005) The church has approximately three members in the Bloomington, Indiana, area. Smith explains his hatred: “White people are best and they deserve the best. We don’t believe all races are equal. We see all inferior races breeding and the number of whites is shrinking. The mud people (see 1960s and After) will turn this world into a cesspool.” Until IU officials stopped him, Smith would paper the campus with fliers three or four times a week, earning him the sobriquet “the flier guy.” A typical flier reads: “If we do nothing, we will condemn our children to live in an Alien Nation where there is no place to escape these non-White invaders. There is nothing wrong with wanting America to remain a racially and culturally European nation.” In the interview, Smith says, “We want to show people that liberals like [President] Clinton are destroying the racial basis of this country.” Smith is as blunt about his church’s position on democracy, saying: “We’re not a big fan of democracy. We believe in totalitarianism.” If the church succeeds in achieving its goals, it will, Smith says, divide the US into portions, retaining much of it for its members. “We want the Midwest. It has the most fertile land and is the best basis for a new nation,” Smith says. Minorities will not be welcome. “Send the blacks back to Africa, the Asians back to Asia,” Smith says. “They probably won’t be very happy about it but they’ll probably end up wanting to leave.” Smith says mainstream Christianity is a huge impediment to his church’s aims. “It’s not blacks and Jews, but Christianity is our biggest obstacle. It caters to the weakness of man and humble him.” The church has its own Bible, Nature’s Eternal Religion. Smith became a white supremacist after entering college. “I looked through Aryan stuff and realized historically nations function best when there’s one race. Otherwise it’s a power struggle,” he recalls. “I saw the influx of taxpayers paying for minorities. This country was founded for and by whites and that’s when I decided I had to become an activist.” Smith has lost most of his old friends, and now calls them “race traitors and non-believers,” and though he still speaks to his parents, the relationship is strained. Through its Web site, the church claims it can come to power legally and non-violently, but, the site says, if the government tries “to restrict our legal means then we have no recourse but to resort to terrorism and violence.” Smith claims he has received death threats over his activism, but says he intends to increase his recruitment efforts in and around Bloomington and nearby Indianapolis. “Indy’s a big target for us,” he explains. “There are a lot more open minds. This community is la-la land.” (Sorg 8/27/1998) Less than a year after the interview, Smith will go on a killing rampage throughout central Indiana before killing himself (see July 2-4, 1999).

CIA operatives kidnap Ahmad Salama Mabruk and two other members of Islamic Jihad outside a restaurant in Baku, Azerbaijan (see Late August 1998). This is part of a covert CIA program to arrest Islamic Jihad operatives around the world and send them to Egypt (see Summer 1995). (Higgins and Cullison 7/2/2002) Mabruk is the closest ally of Ayman al-Zawahiri, al-Qaeda’s number two leader. Mabruk’s laptop computer turns out to contain al-Qaeda organizational charts and vital information about Islamic Jihad members in Europe. FBI agent Dan Coleman later calls this “the Rosetta Stone of al-Qaeda.” However, the CIA will not turn this information over to the FBI. John O’Neill, head of the FBI’s New York office, tries to get around this by sending an agent to Azerbaijan to get copies of the computer files from the Azerbaijani government. When that fails, he persuades President Clinton to personally appeal to the president of Azerbaijan for the files. The FBI eventually gets the files, but the incident deepens the tensions between the CIA and FBI. (Wright 2006, pp. 268-269) The US monitored 67 phone calls between bin Laden and Azerbaijan from 1996 to 1998 (see November 1996-Late August 1998). Presumably, many of these would have been to Mabruk. Mabruk is sent to Egypt and given a long prison sentence. (Higgins and Cullison 7/2/2002)

A group of recruits at the radical Finsbury Park mosque in London, which is run by British intelligence informer and radical London imam Abu Hamza al-Masri (see Early 1997), starts to be groomed as suicide bombers. The group includes shoe bomber Richard Reid (see December 22, 2001) and Saajid Badat, one of his accomplices (see (December 14, 2001)). Some of the suicide squad live in Brixton, south London, with Zacarias Moussaoui. Salam Abdullah, a radical who attends the mosque at this time, will later say, “You could tell from the way they were treated by Abu Hamza and his aides that they were marked for something special, but we didn’t know it was for suicide attacks.” Other mosque-goers do not discuss the group, and the men do not talk about their mission, but periodically disappear, presumably to go abroad for training. Some of them are foreigners, who are known only by their nicknames, and are sent to Finsbury Park from other militant centers around Britain and Europe. Authors Sean O’Neill and Daniel McGrory will later comment: “It was in north London that the suicide bombers were provided with money, documents, and the names of the contacts who would steer them to the intended targets in the Middle East, Afghanistan, Chechnya, Kashmir, and the cities of Europe.” (O'Neill and McGrory 2006, pp. 89-93) In addition to being an informer for the British, Abu Hamza is himself under surveillance by numerous intelligence services, including the same British ones he works for (see Summer 1996-August 1998, (November 11, 1998), and February 1999). What the British authorities know of this squad, and whether they attempt to do anything about it is unknown.

The Tenth Circuit Court of Appeals upholds the conviction of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). (Tenth Circuit Court of Appeals 9/8/1998; Douglas O. Linder 2001) McVeigh appealed the conviction due to the allegedly poor performance of his lawyer (see August 14-27, 1997) and because of alleged errors by the presiding trial judge (see January 16, 1998). (CNN 2001)

Counterterrorism expert Rohan Gunaratna will later write that after the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), surveillance of al-Qaeda is stepped up around the world. “One intelligence officer attached to the French embassy in Islamabad, [Pakistan], urged his counterparts in foreign missions in Pakistan to detail the recipients of phone calls made by… al-Qaeda leader Abu Zubaida, then living in Peshawar, to individuals in their various countries.” As a result, “several governments [launch] investigations of their own.” (Gunaratna 2003, pp. 245) A close associate of Zubaida in Peshawar at this time is Khalil Deek, who is actually a mole for the Jordanian government (see 1998-December 11, 1999). One such investigation is launched by the Philippine government on October 16, 1998, after being asked by French intelligence to gather intelligence on people in the Philippines in contact with Zubaida. Code named CoPlan Pink Poppy, the investigation reveals connections between al-Qaeda and the Moro Islamic Liberation Front (MILF), a Philippine militant group. On December 16, 1999, Abdesselem Boulanouar and Zoheir Djalili, two French Algerians belonging to the Algerian al-Qaeda affiliate the Salafist Group for Call and Combat (GSPC), are arrested due to information learned from monitoring Zubaida’s calls to the Philippines. Boulanouar is arrested at an airport carrying a terrorist training manual he admitted writing for the MILF. Both men also are arrested carrying explosive devices. French intelligence says Boulanouar had ties to Ahmed Ressam (see December 14, 1999), and like Ressam, may have been planning to carry out attacks at the turn of the millennium. He will be deported to France and imprisoned on terrorism related charges. CoPlan Pink Poppy will be canceled in 2000 for lack of funds. (Gulf News 3/14/2000; Ressa 2003, pp. 132-133; Gunaratna 2003, pp. 245) However, while details are murky, it appears other governments continue to monitor Zubaida’s calls. Around the same time as the Philippines arrests, one militant in Jordan is even arrested while still in the middle of a phone call to Zubaida (see November 30, 1999). US intelligence will remain intensely focused on Zubaida before 9/11 (see Late March-Early April 2001 and May 30, 2001), and just days before 9/11 the NSA will monitor calls Zubaida is making to the US (see Early September 2001). It appears his calls will continue to be monitored after 9/11 as well (see October 8, 2001).

A federal appeals court orders the release of evidence used in the federal trials of convicted Oklahoma City bombers Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998). The order paves the way for Oklahoma authorities to try the two on state murder charges related to the deaths of 160 civilians in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The appeals judges say they will delay release of the evidence to allow defense lawyers to appeal their ruling. (New York Times 10/5/1998)

The FBI announces that it is charging anti-abortion activist Eric Robert Rudolph with the 1996 bombing of Atlanta’s Centennial Olympic Park as well as with the 1997 bombing of an Atlanta abortion clinic (see January 16, 1997) and an Atlanta nightclub (see February 21, 1997). Rudolph has been a fugitive from law enforcement authorities since his January 1998 bombing of an Alabama clinic (see January 29, 1998), for which he has already been charged. “We are going to keep searching until we find him,” says Attorney General Janet Reno. The current complaint against Rudolph cites five counts of malicious use of an explosive in violation of federal law. FBI Director Louis Freeh calls Rudolph a domestic terrorist. The FBI has Rudolph on its Most Wanted list. (Federal Bureau of Investigation 10/14/1998) The charges will be formalized, and new charges added, in November 2000, when grand juries hand down additional indictments. (CNN 5/31/2003) Rudolph will be captured after almost five years of living as a fugitive (see May 31, 2003).

The Vail resort in flames.The Vail resort in flames. [Source: Mark Mobley / Colorado Independent]Earth Liberation Front (ELF—see 1997) activists set fire to a Vail, Colorado, ski resort, causing $12 million in damage. At the time, the Vail attack is the costliest ecoterrorist attack in US history. The attack consists of seven separate fires, which destroy three buildings, including the “spectacular” Two Elk restaurant, and damage four chairlifts. In a press release, the ELF says: “[P]utting profits ahead of Colorado’s wildlife will not be tolerated.… We will be back if this greedy corporation continues to trespass into wild and unroaded [sic] areas.” (Anti-Defamation League 2005; Williams 10/19/2008)
Resort Threatens Lynx Habitat - The ELF justifies the bombing by claiming that the resort encroaches on the natural habitat of Canada lynx in the area, an endangered species; an 885-acre planned expansion would, the group claims, virtually destroy the habitat. The resort and other construction have virtually eliminated all lynx from the area. (Funk 9/2007; Williams 10/19/2008; Burnett 11/20/2008)
Activist Says ELF Not a Terrorist Group - In a 2007 jailhouse interview, one of the activists, Chelsea Dawn Gerlach, will discuss her role in the bombing. An activist since her mid-teens, she began by getting involved with “above ground” protests with Earth First! (see 1980 and After), a less overtly militant environmental organization, and became disillusioned when she saw how little effect such protests had on corporate depredations. She will say that she and her colleagues were extremely careful about buying the materials for the firebombs, not wanting to raise suspicions. They built the actual devices in a Utah motel room, with group leader William C. Rodgers, whom Gerlach and the others call “Avalon,” doing the bulk of the work. After performing a final reconnaisance of the lodge, some of the ELF members decide the bombing cannot be done, and return to Oregon. Rodgers actually plants the devices and sets them off; Gerlach, who accompanies Rodgers and others to the resort, later emails the statements released under the ELF rubric. Gerlach will say: “We weren’t arsonists. Many of our actions didn’t involve fires at all, and none of us fit the profile of a pyromaniac. I guess ‘eco-saboteur’ works. To call us terrorists, as the federal government did, is stretching the bounds of credibility. I got involved at a time when a right-winger had just bombed the Oklahoma City federal building—killing 168 people—(see 8:35 a.m. - 9:02 a.m. April 19, 1995) and anti-abortionists were murdering doctors (see March 10, 1993 and July 29, 1994). But the government characterized the ELF as a top domestic terrorism threat because we burned down unoccupied buildings in the middle of the night. It shows their priorities.” (Funk 9/2007)
Apprehensions, Convictions - The Vail firebombing focuses national attention on the organization, as well as on other “ecoterror” groups that use vandalism, arson, and other destructive methods to further their agendas. In December 2006, Gerlach and Stanislas Gregory Meyerhoff will plead guilty to federal arson charges. Gerlach and Meyerhoff have already pled guilty to other arsons committed between 1996 and 2001 by a Eugene-based ELF cell known as the Family, which disbanded in 2001. (Gerlach will say that the Family took great pains to ensure that while property was destroyed, no one was injured; “In Eugene in the late nineties, more than a couple of timber company offices were saved by the proximity of neighboring homes.”) The FBI learned about them from an informant who enticed friends of the two to speak about the crimes in surreptitiously recorded conversations. Both are sentenced to lengthy jail terms and assessed multi-million dollar restitution fines. Two others indicted in the arson, Josephine Sunshine Overaker and Rebecca J. Rubin, who do not directly participate in the Vail firebombing, remain at large. Rodgers will commit suicide in an Arizona jail in December 2005 after being apprehended. Several others will later be arrested and convicted for their roles in the assault. (Associated Press 12/14/2006; Funk 9/2007; Williams 10/19/2008; Burnett 11/20/2008)
Firebombing Detrimental to Local Activism - Gerlach will later say that the Vail firebombing was actually detrimental to local environmental activism. (Funk 9/2007) In 2008, Ryan Bidwell, the executive director of Colorado Wild, will agree. He will say that the fires damaged the trust the community once had in the environmental activist movement, and will add that the federal government used the fires to demonize the entire environmental movement. “I don’t think it really changed the Bush administration agenda, but it probably made their job easier by lumping those actions onto the broad umbrella of terrorism over the last decade,” Bidwell will say. “I don’t think that’s been effective at all, but every time that someone lumps groups here in Colorado under the same umbrella as ELF it’s really disingenuous. In places like Vail that have a history it’s made it more important for the conservation community to communicate what its objectives are.” (Williams 10/19/2008)

James Kopp.James Kopp. [Source: Women's eNews (.org)]Dr. Barnett Slepian, an obstetrician in Buffalo, New York, who performs abortions, is shot to death in his kitchen, by a bullet that enters through the window of his Amherst, New York, home. His wife and one of his four children witness his murder. Anti-abortion advocate James Kopp shoots Slepian with a high-powered rifle. Kopp uses the pseudonym “Clive Swenson,” and is well known under that name in a Jersey City, New Jersey, Catholic congregation. Militant anti-abortionists call him “Atomic Dog.” It will take the FBI over two years to find Kopp, who will be arrested in France (see March 29, 2001). Kopp, who apparently was drawn to anti-abortion protests in the 1970s after his girlfriend had an abortion, has been active in anti-abortion protests for decades and joined Randall Terry’s Operation Rescue in 1986. It is also believed he joined the violent anti-abortion organization “Army of God” in 1988 (see 1982), as well as the “Lambs of God,” a Catholic anti-abortion group whose leader has characterized the anti-abortion movement as a “war between God and Satan.” Kopp is well known for designing intricate locks that anti-abortion protesters use to lock the doors to women’s health care clinics. Slepian has been listed as a “wanted” abortion provider on the anti-abortion Web site “Nuremberg Files,” which The Guardian will describe as “a virtual hit list of doctors who carry out abortions” (see January 1997). Within hours of his murder, Slepian’s name is reposted on the site, this time with a line drawn through it. (Washington Post 1998; Clarkson 3/30/2001; Vulliamy, McDonald, and Jeff 4/1/2001; National Abortion Federation 2010) By early November, Kopp will be named as a suspect in the murder, though he will not be formally charged until May 1999. He will be placed on the FBI’s “Most Wanted” list in June 1999. (National Abortion Federation 2010) In 2002, Kopp will confess to the murder (see November 21, 2002). He will be found guilty a year later (see March 17-18, 2003).

President Clinton signs the Iraq Liberation Act of 1998 (ILA) into law. The act, which passed with overwhelming support from Democrats and Republicans in both the House and Senate, was written by Trent Lott (R-MS) and other Republicans with significant input from Ahmed Chalabi and his aide, Francis Brooke. (US Congress 10/31/1998 pdf file; DeYoung and Pincus 1/25/2002; Mayer 6/7/2004) (Former Defense Intelligence Agency official Patrick Lang will later write that one of the driving goals behind the ILA is to revive the failed 1995 coup plans against Saddam Hussein, called “End Game”—see November 1993.) (Lang 6/2004) The act makes it “the policy of the United States to support efforts to remove the regime headed by Saddam Hussein from power in Iraq and to promote the emergence of a democratic government to replace that regime.” To that end, the act requires that the president designate one or more Iraqi opposition groups to receive up to $97 million in US military equipment and nonlethal training. The act authorizes another $43 million for humanitarian, broadcasting, and information-collection activities. To be eligible for US assistance, an organization must be “committed to democratic values, to respect for human rights, to peaceful relations with Iraq’s neighbors, to maintaining Iraq’s territorial integrity, and to fostering cooperation among democratic opponents of the Saddam Hussein regime.” (US Congress 10/31/1998 pdf file; DeYoung and Pincus 1/25/2002; Mayer 6/7/2004)
Chalabi Receives Millions from State Department - Chalabi’s Iraqi National Congress receives $17.3 million from the State Department to carry out what it calls the “collection and dissemination of information” about Saddam Hussein’s atrocities to the public. It will continue to receive hundreds of thousands per month from the Defense Department as well. (Fairweather 4/2006) However, the Clinton administration itself has little use for Chalabi. One administration official will say, “He represents four or five guys in London who wear nice suits and have a fax machine.” (Unger 2007, pp. 160)
Zinni Warns of Legislation Presaging Military Action - While few in Washington see the ILA as presaging military action against Iraq, one who does is Marine Corps General Anthony Zinni, the commander of CENTCOM. As the bill works its way through Congress, Zinni tells some of his senior staff members that the bill is far more serious than most believe. It is much more than a sop for the pro-war crowd, Zinni believes, but in reality a first step towards an invasion of Iraq. In 2004, former ambassador Joseph Wilson will write, “He was, of course, right, but few were listening.” (Wilson 2004, pp. 290)

A federal judge sentences three members of the anti-government Montana Freemen (see 1993-1994, May 27, 1998 and After, and July 3-8, 1998) to jail. Russell Landers, who told the court that it had no jurisdiction over him, receives over 11 years in prison for conspiracy, bank fraud, threatening a federal judge, and being a fugitive in possession of a firearm. Emmett Clark, who is ill, is sentenced to time served plus three years’ probation; he pled guilty to threatening to kidnap and murder Montana federal judge Jack Shanstrom. Dana Dudley, Landers’s wife, pled guilty to interstate transportation and is sentenced to time served plus another 21 months in prison. When the sentencing hearing begins, Landers interjects, “This is now the supreme court of Justus Township, Russell Dean presiding.” Landers is referring to “Justus Township,” the ranch formerly occupied by the Freemen (see September 28, 1995 and After). When Judge John Coughenour attempts to proceed, Landers says: “Bailiff, remove me. I have no part in the United States, no part in these proceedings.” He repeats his contention and sits quietly for the remainder of the hearing. (New York Times 11/8/1998)

Reda Hassaine, an Algerian mole who has penetrated radical Islamist circles in London, goes to Scotland Yard and tells the British police that he has vital information for the anti-terrorist branch. Hassaine had previously informed on Islamist extremists in London for Algerian and French services, but has just been fired by the French (see Early 1995 and November 4, 1998). He speaks to two officers with the Metropolitan Police’s Special Branch about his work for the French, whom he had helped monitor leading extremist Abu Hamza al-Masri and Algerian terrorists living in London. Although most of Special Branch’s officers focus on Irish terrorism, they decide to hire Hassaine. The work is “frequently frustrating,” and only lasts for six months, after which control of Hassaine is passed to Britain’s domestic intelligence service, MI5 (see (May 1999)). After it is decided that Hassaine will leave the service of Special Branch and be transferred to MI5, Special Branch asks him to sign a letter saying that he is aware he will go to jail if he talks to anyone about his relationship with them, and if he is arrested by police, he will not be protected by immunity from prosecution. However, Hassaine is angry at this and refuses to sign. (O'Neill and McGrory 2006, pp. 137-8)

A jury convicts 10 Montana Freemen on an array of fraud and armed robbery charges (see October 23, 1998). All but one of the Freemen charged with armed robbery are convicted; some of the defendants are acquitted on mail fraud charges. (Billings Gazette 3/25/2006)

Convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) asks a federal appeals court in Denver for a new trial, contending that Judge Richard P. Matsch, who presided over his trial, made a number of reversible errors in both the trial and sentencing. Nichols’s co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) has also asked for a new trial (see January 16, 1998), a request that was denied (see September 8, 1998). Nichols’s legal team, Michael Tigar, Susan L. Foreman, and Adam Thurschwell, argue that Matsch erred in the instructions he gave the jurors, in the testimony he permitted, and in his interpretation of federal sentencing guidelines. According to Nichols’s lawyers, Matsch erred when he told the jury that Nichols’s responsibility for the deaths of people killed as a result of the bombing conspiracy (see 8:35 a.m. - 9:02 a.m. April 19, 1995) did not depend on proof that Nichols intended to kill anyone. An intent to kill, Nichols’s lawyers contend, is a necessary element in the offense. The jurors who convicted Nichols of conspiracy acquitted him of blowing up the building and of first- or second-degree murder in the deaths of the officers. They also contend that Nichols should have been sentenced under federal guidelines for arson and property damage, not first-degree murder, and that the restitution order of $14.5 million is punitive. (Thomas 11/22/1998)

A number of neoconservatives, led by retired General Wayne Downing (see 1990-1991) and retired CIA officer Duane “Dewey” Clarridge (see December 25, 1992), use the recently passed Iraqi Liberation Act (ILA—see October 31, 1998) to revive the failed “End Game” coup plans against Saddam Hussein (see November 1993 and March 1995). Both Downing and Clarridge are “military consultants” to Ahmed Chalabi’s Iraqi National Congress, who attempted to carry out the coup in 1995 with dismal results. Downing and Clarridge produce an updated version of the INC’s “End Game” scenario, calling it “The Downing Plan.” The Downing scenario varies very little from the original plan. Their plan stipulates that a “crack force” of 5,000 INC fighters, backed up by a detachment of US Special Forces soldiers, could bring down the Iraqi Army. Clarridge later tells reporters: “The idea from the beginning was to encourage defections of Iraqi units. You need to create a nucleus, something for people to defect to. If they could take Basra, it would be all over.” Former Defense Intelligence Agency official Patrick Lang will later write, “It is difficult to understand how a retired four-star Army general [Downing] could believe this to be true.” General Anthony Zinni, commander of CENTCOM, which has operational control of US combat forces in the Middle East, is provided with a copy of Chalabi’s military plan to overthrow Saddam Hussein. “It got me pretty angry,” he later recalls. He warns Congress that Chalabi’s plan is a “pie in the sky, a fairy tale,” and predicts that executing such a poorly envisioned assault would result in a “Bay of Goats.” Chalabi’s INC is nothing more than “some silk-suited, Rolex-wearing guys in London;” neither the INC nor any of the other 91 or so Iraqi opposition groups have anywhere near “the viability to overthrow Saddam.” He tells the New Yorker: “They were saying if you put a thousand troops on the ground Saddam’s regime will collapse, they won’t fight. I said, ‘I fly over them every day, and they shoot at us. We hit them, and they shoot at us again. No way a thousand forces would end it.’ The exile group was giving them inaccurate intelligence. Their scheme was ridiculous.” Zinni earns the enmity of the neoconservative developers of the plan for his stance. (Lang 6/2004; Mayer 6/7/2004)

Air Traffic Controllers on board the USS <i>Enterprise</i> guide strike aircraft on bombing runs into Iraq. Photo taken December 17, 1998.Air Traffic Controllers on board the USS Enterprise guide strike aircraft on bombing runs into Iraq. Photo taken December 17, 1998. [Source: US Navy]The US and Britain launch a joint series of over 250 air strikes against Iraqi military targets, in a campaign dubbed “Operation Desert Fox.” The air strikes are designed to, in the mission statement released by the US Navy, “degrade Saddam Hussein’s ability to make and to use weapons of mass destruction,” to “diminish Saddam Hussein’s ability to wage war against his neighbors,” and to “demonstrate to Saddam Hussein the consequences of violating international obligations.” The air strikes are carried out by US Navy and Marine Corps aircraft from the USS Enterprise, from US and British military bases in the region. The strikes feature, among other weaponry, over 400 Tomahawk cruise missiles launched from naval vessels and US Air Force B-52s. Defense officials say that many of the strikes focus on destroying or damaging targets in southern Iraq, including surface-to-air missile sites, airfields, and command-and-control sites, all with the aim of giving US pilots a “safer corridor” to reach targets in the north. (Stone 12/18/1998; Barletta and Jorgensen 5/1999; Roberts 2008, pp. 121; US Department of Defense 3/7/2008) Iraqi Foreign Minister Tariq Aziz will later say that at least 62 Iraqis are killed in the strikes. No US or British casualties are reported. (BBC 2002)
Failure to Comply with UN Inspections - President Bill Clinton explains that the military operation was in response to Iraq’s refusal to comply with UN weapons inspections (see December 16, 1998). “The international community gave Saddam one last chance to resume cooperation with the weapons inspectors,” Clinton says. “Saddam’s deception has defeated their effectiveness. Instead of the inspectors disarming Saddam, the Iraqi dictator has disarmed the inspectors.… Saddam has failed to seize the chance. So we had to act and act now.” Clinton continues, “Saddam Hussein must not be allowed to threaten his neighbors or the world with nuclear arms, poison gas, or biological weapons.” He has used them before, Clinton adds, and “left unchecked, Saddam Hussein will use these terrible weapons again.” (Kozaryn 12/17/1998) US Secretary of Defense William Cohen says that the attacks “degraded Saddam Hussein’s ability to deliver chemical and biological weapons,” and defends the US’s right to act unilaterally against Iraq if it is in “our national interest.” British Prime Minister Tony Blair agrees with Clinton’s assessment. “He is a serial breaker of promises,” Blair says. (CNN 12/16/1998)
Real Aim to Destabilize Hussein? - In January 1999, reporter William Arkin, a defense specialist, will write that he believes the strikes were designed to do far more than punish Iraq for not complying with UN inspections. The extremely specific target listings—down to specific buildings—and the nature of the targets chosen will lead Arkin to believe that Desert Fox was designed to cripple Iraq’s ability to wage war. Only 13 of the 100 or so sites were identified as chemical or biological weapons production or research facilities, Arkin will write. Additionally, Arkin will comment that the US-British strikes were not just to “degrade” Iraq’s military capabilities, but to destabilize the Hussein regime. (Arkin 1/17/1999)
Accusations of Political Distraction - Many of Clinton’s political opponents, including Republican lawmakers and conservative commentators and radio hosts, accuse Clinton, both during and after the strikes, of attempting to use a military operation to distract the nation from his admission of a sexual liaison with intern Monica Lewinsky. (BBC 2002)
Destroys Remainder of Iraq's WMD Stockpiles - In 2004, US weapons inspector David Kay will say that Desert Fox and other 1998 air strikes destroyed the remaining stockpiles of chemical and biological weapons left over from the Gulf War (see January 23, 2004).

The New York Times prints a lengthy interview with Craig Rosebraugh, who serves as an unofficial spokesman for the Earth Liberation Front (ELF—see 1997). Rosebraugh, who claims to sympathize with the group even though knowing little about it, has spent weeks sending out statements and press releases on behalf of the ELF after the recent firebombing of a Vail, Colorado, ski resort (see October 19, 1998). Rosebraugh, who was contacted by unidentified ELF members about the Vail fires, says the ELF takes credit for the incident, and defends it by saying the resort has caused extensive damage to the area’s lynx habitats and a planned expansion would all but destroy those habitats. “They don’t want this to be seen like an act of terrorism,” he recently told a reporter on behalf of ELF. “They instead want this to be seen as an act of love for the environment.” The firebombing was not an instance of so-called “ecoterrorism,” he told another reporter: “To me, Vail expanding into lynx habitat is ecoterrorism.” Many mainstream groups such as the Sierra Club and Defenders of Wildlife have condemned the Vail firebombing; Jonathan Staufer of the Colorado group Ancient Forest Rescue, who has been working to stop the Vail resort’s proposed expansion, says: “It marginalized all the enviromentalists in Colorado who have been fighting it. I can’t condemn it more completely.” Rosebraugh became active in extreme environmental movements in June 1997, when he was contacted by the Animal Liberation Front (ALF—see 1976) and asked to be its “aboveground” spokesperson. Since then, he has formed a group called the Liberation Collective, which he says is intended to bring the ELF, ALF, and other “direct action” groups together to make common cause (see 1996 and After). Lieutenant Jeff Howard of the Oregon State Police says of the two groups, “If the truth be known, there are members that are probably members of both groups.” Because of the decentralized, “cell” structure of both ELF and ALF, federal investigators have had difficulty determining even the most basic facts about the two organizations. Recently, Rosebraugh said of the federal investigations into ELF, ALF, and the Vail firebombing: “This is a very hot topic not only for the media, but most important it’s a hot topic for the FBI and government agencies. The FBI just had a big meeting on animal rights terrorism. So there’s obviously going to be a big crackdown soon. It’s hard to imagine what’s going to happen but you can only look at history, and history shows that there is going to be a lot of pressure and my feeling is the best way to act is to resist.” (Sullivan 12/20/1998)

Charles Key.Charles Key. [Source: Oklahoma City Sentinel]An Oklahoma County grand jury investigating alternative theories about the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 30, 1997) wraps up without naming any new suspects aside from convicted bombing conspirators Timothy McVeigh (see June 11-13, 1997) and Terry Nichols (see June 4, 1998). After hearing 117 witnesses and weathering criticism that its work gave legitimacy to wild conspiracy theories surrounding the blast, the grand jury reports: “We cannot affirmatively state that absolutely no one else was involved in the bombing of the Alfred P. Murrah Federal Building. However, we have not been presented with or uncovered information sufficient to indict any additional conspirators.” (District Court of Oklahoma County, State of Oklahoma 12/30/1998; Thomas 12/31/1998; The Oklahoman 4/2009)
Findings - The jury reviewed documentation of a number of “warning” telephone calls to federal and local law enforcement agencies, and determined that none of them warned of a bombing attack against the Murrah Building, or any other attack. One such call came a week before the blast, a 911 call from an Oklahoma City restaurant that warned the operator of an upcoming bombing. The caller gave no more details. Police quickly looked into the call and determined it came from a mental patient who lived in a nearby care facility. The jury also investigated the numerous claims of sightings of a possible third bomber, “John Doe No. 2,” and determined that the information given by the witnesses was so disparate and general that nothing useful could be concluded. The jury reports that the sightings were most likely of Todd Bunting, an Army private who had no connection to McVeigh or the bombing (see January 29, 1997). “The similarity of… Todd Bunting to the composite of John Doe No. 2 [is] remarkable, particularly when you take into account Bunting’s tattoo of a Playboy bunny on his upper left arm and the fact that he was wearing a black T-shirt and a Carolina Panthers ball cap when he was at Elliott’s Body Shop,” the report states. Witness statements of “John Doe No. 2” fleeing the scene of the bombing in a “brown pickup truck” were erroneous, the report finds. A brown pickup truck did leave the area shortly before the bombing, driven by an employee of the Journal Record Building near the Murrah Building. The driver left the building shortly before the bombing after being informed that her child was ill. The jury finds no evidence that the bombing was orchestrated by the federal government, or that any agency knew about the bombing in advance. (District Court of Oklahoma County, State of Oklahoma 12/30/1998; Pankratz 1/9/1999)
Journalist Indicted for Jury Tampering - The jury does bring an indictment against investigative journalist David Hoffman, who will plead guilty to jury tampering, admitting that he sent one of the alternate grand jurors a letter copy of a book on conspiracy theories about the bombing. In a sealed indictment, the jury cited Hoffman for “improper and perhaps illegal attempts to exert influence on the outcome of our investigation.” Hoffman will be given a suspended sentence and 200 hours of community service. Hoffman will later call the indictment “a sham charge by a corrupt government designed to silence me,” and will write a book, The Oklahoma City Bombing and the Politics of Terror, which says the government falsely accused McVeigh and Nichols of the crime, concealing the involvement of others, perhaps members of neo-Nazi groups with which McVeigh was involved (see October 12, 1993 - January 1994 and (April 1) - April 18, 1995). (Thomas 12/31/1998; Vidal 9/2001; Lukeford (.net) 11/25/2002)
Report Denounced - Former Oklahoma State Representative Charles R. Key (R-Oklahoma City), who helped convene the grand jury, immediately denounces the findings. (Southern Poverty Law Center 6/2001) Key has insisted that McVeigh and Nichols had unplumbed connections with Islamist terrorists (see Late 1992-Early 1993 and Late 1994, November 5, 1994 - Early January 1995, and 10:00 a.m. April 19, 1995 and After), and has insisted that what he calls “revisionist news reports” by the mainstream media have failed to show Islamist connections to the bombing. He has even implied that government officials were complicit in the bombing. (Charles Key 3/12/1997) The grand jury reports, “We can state with assurance that we do not believe that the federal government had prior knowledge that this horrible terrorist attack was going to happen.” The jury findings are “a ditto of what the federal government presented in the McVeigh trial,” Key states. “It had huge, gaping holes.” Glenn Wilburn, who lost two grandchildren in the bombing, died in 1997 before the jury returned its findings. Key has set up a private non-profit group, the Oklahoma Bombing Investigation Committee, which also gathered information about possible witnesses and submitted their names to the grand jury and urged Congress not to let the federal investigation drop. Key says that group will issue a final report of its own that “will read quite differently than this report today.” (District Court of Oklahoma County, State of Oklahoma 12/30/1998; Thomas 12/31/1998)

The Islamic Cultural Institute in Milan, Italy.The Islamic Cultural Institute in Milan, Italy. [Source: Public domain]By late 1998, US and Italian intelligence are already aware of the importance of a mosque in Milan, Italy, called the Islamic Cultural Institute. After 9/11, the Treasury Department will call the mosque “the main al-Qaeda station house in Europe. It is used to facilitate the movement of weapons, men and money across the world.” Additionally, they are aware that Ahmed Idris Nasreddin, a founder and director of Al Taqwa Bank, is also a founder and financier of the mosque. The mosque is also less than 50 miles away from Al Taqwa’s headquarters on the Swiss border.(see 1995-1997). (Hosenball 3/18/2002) US officials will later say that al-Qaeda operatives involved in the 1998 US embassy bombings stayed at the Milan mosque. This causes US and Italian intelligence to watch the mosque more closely, and it also causes the US to look closer at Al Taqwa Bank (see 1997-September 11, 2001). (Hosenball 3/18/2002) One member of the al-Qaeda cell in Milan lives in Hamburg with 9/11 plotter Ramzi bin al-Shibh for most of 1998 (see December 1997-November 1998). In 2000, Abderazek Mahdjoub, the head of the Milan cell, lives in Hamburg, attends the Al-Quds mosque that the Hamburg al-Qaeda cell attends, and has ties with some of the 9/11 hijackers (see 2000). Al-Qaeda operatives involved in the failed millennium bombing plot in Jordan also stay at the Milan mosque (see November 30, 1999). The Jordanian government later will claim that Al Taqwa helped fund these millennium bombers. (Hosenball 3/18/2002; Isikoff and Hosenball 4/12/2004) Starting in late 2000, Italian intelligence, wiretapping people associated with the Milan mosque and/or the Milan al-Qaeda cell, record conversations suggesting foreknowledge of the 9/11 plot (see August 12, 2000; January 24, 2001). This information is shared with the US in early 2001 (see March 2001). Additional evidence will come out after 9/11 suggesting some people in Milan had foreknowledge of the 9/11 attacks (see September 4, 2001; September 7, 2001). Given the closeness of the Al Taqwa Bank to the mosque, especially through Nasreddin, this raises the possibility of Al Taqwa involvement and knowledge of specific al-Qaeda plots, including the 9/11 attacks, though there is no known evidence of such direct ties except for the attempted millennium bombing mentioned above.

A federal jury in Portland, Oregon, finds in favor of the plaintiffs in the lawsuit Planned Parenthood v. ACLA (see 1996). The jury orders the American Coalition of Life Activists (ACLA—see July 1993) to pay $109 million in damages to the abortion providers and organizations who brought the suit; Judge Robert Jones declares that the ACLA’s campaign of published threats against the providers is “a blatant and illegal communication of true threats to kill, assault, or do bodily harm.” He issues an injuction against further publication of such threats (see 1996). In 2001, an appeals court will reverse the verdict on First Amendment grounds; a year later, a higher court will reaffirm the original verdict. (Clarkson 12/2002)

A classified report discusses responses to an anthrax attack through the mail. The report, precipitated by a series of false anthrax mailings, is written by William Patrick, inventor of the US anthrax weaponization process, under a CIA contract. (Broad 12/3/2001) The report was commissioned by Steven Hatfill, a good friend of Patrick. (Shane 6/27/2002) The report describes what the US military could do and what a terrorist might be able to achieve. (Broad 12/3/2001) The similarities between what the report predicts and the anthrax attacks that eventually happen after 9/11 are startling (see October 5-November 21, 2001). The BBC later suggests the “possibility that there was a secret CIA project to investigate methods of sending anthrax through the mail which went madly out of control” and that the anthrax attacker knew of this study or took part in it. The CIA and William Patrick will deny the existence of this report, even though copies have been leaked to the media. (BBC 3/14/2002; Shane 6/27/2002)

FBI Director Louis Freeh, speaking of the possibility of future violence from radical-right militia groups, says: “With the coming of the next millennium, some religious/apocalyptic groups or individuals may turn to violence as they seek to achieve dramatic effects to fulfill their prophecies.… Many white supremacist groups adhere to the Christian Identity belief system (see 1960s and After), which holds that the world is on the verge of a final apocalyptic struggle… and teaches that the white race is the chosen race of God.” Some of these Christian Identity members will commit crimes to prepare for their anticipated Apocalypse, Freeh warns, and says that the US government, Jews, and non-whites are likely targets. (Ontario Consultants on Religious Tolerance 5/30/2006) Freeh’s statement anticipates the FBI’s “Project Megiddo” report, which will focus on the possibility of a wave of domestic terrorism coinciding with the “end of the millennium” (see October 20, 1999).

Apparently, this surveillance photo of a C-130 transport plane from the United Arab Emirates plays a key role in the decision not to strike at bin Laden.Apparently, this surveillance photo of a C-130 transport plane from the United Arab Emirates plays a key role in the decision not to strike at bin Laden. [Source: CBC]Intelligence reports foresee the presence of Osama bin Laden at a desert hunting camp in Afghanistan for about a week. Information on his presence appears reliable, so preparations are made to target his location with cruise missiles. However, intelligence also puts an official aircraft of the United Arab Emirates (UAE) and members of the royal family from that country in the same location. Bin Laden is hunting with the Emirati royals, as he does with leaders from the UAE and Saudi Arabia on other occasions (see 1995-2001). (9/11 Commission 3/24/2004; Zeman et al. 11/2004) According to Michael Scheuer, the chief of the CIA’s bin Laden unit, the hunting party has “huge fancy tents, with tractor trailers with generators on them to run the air-conditioning.” Surveillance after the camp is established shows the “pattern of bin Laden’s visits—he would come for evening prayers or he would come for dinner and stay for evening prayers.” (Shenon 2008, pp. 192) Local informants confirm exactly where bin Laden will be in the camp on February 11, and a strike is prepared. (9/11 Commission 3/24/2004; Zeman et al. 11/2004) But policy makers are concerned that a strike might kill a prince or other senior officials, and that this would damage relations with the UAE and other Persian gulf countries. Therefore, the strike is called off. Bin Laden will leave the camp on February 12. A top UAE official at the time denies that high-level officials are there, but evidence subsequently confirms their presence. (9/11 Commission 3/24/2004; Zeman et al. 11/2004; Shenon 2008, pp. 192) Scheuer will claim in 2004 that “the truth has not been fully told” about this incident. He will claim that the strike is cancelled because senior officials at the CIA, White House, and other agencies, decide to accept assurances from an unnamed Islamic country that it can acquire bin Laden from the Taliban. “US officials accepted these assurances despite the well-documented record of that country withholding help—indeed, it was a record of deceit and obstruction—regarding all issues pertaining to bin Laden” in previous years. (Atlantic Monthly 12/2004) This may be a reference to Saudi Arabia. In mid-1998, the CIA called off a plan to capture bin Laden in favor of an ultimately unfulfilled Saudi promise to bribe the Taliban to hand bin Laden over (see May 1998). Many in US intelligence will be resentful over this missed opportunity and blame a conflict of interest with the Emirati royals (see Shortly After February 11, 1999).

The failure to strike at bin Laden in February 1999, despite having unusually good intelligence about his location (see February 11, 1999), causes strong resentment in the US intelligence community. It is believed that the US held its fire because of the presence of royalty from the United Arab Emirates(UAE), but some felt those royals were legitimate targets as well since they were associating with bin Laden there. Further, intelligence at the time suggests the planes carrying these royals to Afghanistan were also bringing weapons to the Taliban in defiance of United Nations bans. Michael Scheuer, head of the CIA’s bin Laden unit at the time, is particularly upset. He reportedly sends a series of e-mails to others in the CIA that are, in the opinion of one person who read them, “angry, unusual, and widely circulated.” His anger at this decision not to strike at bin Laden will apparently contribute to him losing his position leading the bin Laden unit a few months later (see June 1999). Some resentment is directed at counterterrorism “tsar” Richard Clarke, who voted against the missile strike. Clarke was known to be close to the UAE’s royal family. He’d negotiated many arms deals and other arrangements with them, including an $8 billion deal in May 1998 to buy F-16 fighters from the US (see Early February 1999). (Coll 2004, pp. 447-450) In March 1999, Clarke calls Emirati royals and asks them to stop visiting bin Laden. However, he apparently did not have permission from the CIA to make this call. Within one week, the camp where the Emiratis and bin Laden met is abandoned. CIA officers are irate, feeling that this ruined a chance to strike at bin Laden if he made a return visit to the location. (9/11 Commission 7/24/2004, pp. 138)

Yellowcake.Yellowcake. [Source: CBC]Pakistani nuclear scientist A. Q. Khan takes a trip to West Africa. Ostensibly, he is going to oversee the construction of the Hendrina Khan Hotel in Timbuktu, Mali, which he bought the year before and is named after his wife, but it is believed that is just a cover for nuclear-related business. He spends several days in Khartoum, Sudan, where he is spotted touring the al-Shifa factory, bombed by the US the year before in response to al-Qaeda bombings in Africa (see August 20, 1998). In 2006, intelligence sources in India and Israel will claim that Khan actually partly owns the factory. Khan then travels to N’Djamena, the capital of Chad, Timbuktu in Mali, and Niamey, the capital of Niger. Niger has considerable uranium deposits and had been a major supplier of yellowcake uranium to Pakistan in the 1970s. Khan returns to Sudan, where he meets with the Sudanese president, and then returns to Pakistan. He is accompanied by his top nuclear aides and a number of Pakistani generals, and all expenses on the trip are paid for by the Pakistani government.
CIA Investigates Khan Trip - CIA undercover agent Valerie Plame Wilson learns about the trip, and the CIA is so concerned that it launches an investigation, especially to find out if Khan could be buying yellowcake from Niger. Plame Wilson’s husband Joseph Wilson, a former National Security Council official and US ambassador to the nearby country of Gabon who has close ties to important politicians in Niger, and who who has just set up a private consulting firm with a focus on advising clients who want to do business in Africa, is approached by officials from the CIA’s National Resources Division (NR) to visit Niger. The agency asks Wilson, who already has a business trip planned to West Africa, to find out what he can about Khan’s trip.
Illicit Uranium Sales Highly Unlikely - Wilson concludes that illicit uranium sales are very unlikely since the French government tightly controls Niger’s uranium mines and uranium sales. However, Khan’s trip does raise concern that he could be working with Osama bin Laden, because of his interest in the al-Shifa factory in Sudan, and because of intelligence that the hotel he owns in Timbuktu was paid for by bin Laden as part of a cooperative deal between them. The CIA writes and distributes a report on the trip. (In 2004, the Senate Intelligence Committee will erroneously conclude that the CIA did not distribute the Wilson-Niger report—see July 9, 2004.) Wilson will keep this trip secret, even refusing to mention it in his 2004 memoir The Politics of Truth, presumably because he signed a confidentiality agreement with the CIA. In 2002, he will return to Niger to investigate if Saddam Hussein could be buying uranium in Niger (see February 21, 2002-March 4, 2002). That will lead to the eventual outing of his wife Plame Wilson’s status as a CIA agent. (Levy and Scott-Clark 2007, pp. 283-285, 516; Wilson 2007, pp. 358-360)

The US Supreme Court refuses to hear an appeal of Timothy McVeigh’s conviction for bombing a federal building in Oklahoma City and killing eight federal agents (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). (Douglas O. Linder 2001; Fox News 4/13/2005)

Judge John C. Coughenour sentences Montana Freemen leader LeRoy Schweitzer (see November 18, 1998) to over 22 years in prison, and orders almost $40,000 in restitution, on charges stemming from the Freemen’s expansive bad-check scheme that spread throughout the country (see 1993-1994). Freemen leader Rodney Skurdal receives a 15-year sentence. Another group leader, Daniel Petersen, is sentenced to 15 years and ordered to pay $39,845 in restitution. Former Canadian police officer Dale Jacobi receives 13 years. Richard Clark receives 12 years. William Stanton (see October 17, 1994) receives a three-year sentence. Two of the convicted Freemen’s wives, Agnes Stanton and Cherlyn Petersen, are sentenced to time served and released. Coughenour says of the Freemen’s crimes, “What we are talking about is a calculated and organized program to undermine the banking system of this country and to encourage other, more ignorant people to violate the law.” He says that the Freemen’s sentences should send “a loud and clear message to those who pass this hatred and ugliness around.… Be forewarned, your personal liberty is at stake.” Schweitzer and five other Freemen, continuing to refuse to accept the sovereignty of the court, refuse to attend the sentencing and watch the proceedings from a holding cell. (Laceky 3/17/1998; Billings Gazette 3/25/2006)

Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, December 23, 1997, and June 4, 1998) is charged with 160 counts of murder at the state level in Oklahoma. Prosecutors say they will seek the death penalty. Nichols is serving a life sentence as a conspirator in the bombing of the Murrah Federal Building, which killed 168 people. The 160 counts of murder represent the civilians, as opposed to federal agents, killed in the blast. Oklahoma District Attorney Robert Macy says of Nichols’s previous convictions: “I’m not satisfied with the outcome of the Nichols trial. I feel like he needs to be tried before an Oklahoma jury.” Nichols escaped murder convictions in the previous trial. Along with the 160 counts of murder, Nichols faces one count of first-degree manslaughter for the death of a fetus, one count of conspiracy to commit murder, and one count of aiding and counseling in the placing of a substance or bomb near a public building. Macy says he intends to try Nichols’s convicted co-conspirator Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) at a later date. (New York Times 5/30/1999; The Oklahoman 4/2009)

Nabil al-Marabh will claim in a 2002 statement that in May 1999, the FBI approaches him in Boston, looking for Raed Hijazi. Al-Marabh will say he lied and said he did not know Hijazi, even though he knew him well. Hijazi apparently has not been involved in any violent crime yet, but will participate in a failed attempt to bomb a hotel in Jordan (see November 30, 1999) and will help plan the USS Cole bombing in October 2000 (see October 12, 2000). (Fainaru 9/4/2002) In August 1999 FBI agents again visit al-Marabh’s Boston apartment to ask him about another man. Al-Marabh’s wife will later recall that the first name of this man is Ahmed. (Zernike 10/14/2001) He is from Jordan and had lived in their apartment for two months. (Wilgoren and Miller 9/21/2001) Around the same time, the Boston FBI is looking for another associate of al-Marabh’s, Mohamad Kamal Elzahabi (see 1997 and 1999). They work at the same taxi company and fought together in Afghanistan.

Anti-abortion advocate Michael Bray (see September 1994), serving four years for conspiracy in firebombing 10 abortion clinics in Virginia, Maryland, and the District of Columbia, tells a CBS reporter, “I consider blowing up a place where babies are killed a justifiable act.” Bray is a Lutheran minister. (Feminist Women's Health Center News 2010)

Michael E. Tigar, the lead defense attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and June 4, 1998), says evidence given to the defense near the end of the federal trial provided enough information about another suspect to warrant a new trial (see March 31 - April 12, 1995, (April 1) - April 18, 1995, April 5, 1995, April 8, 1995, April 13, 1995, April 15, 1995, April 15, 1995, April 15, 1995, April 16-19, 1995, 3:00 p.m. April 17, 1995, 3:00 - 5:00 p.m. April 17, 1995, April 17-21, 1995, (6:00 p.m.) April 17, 1995, 9:00 p.m. April 17, 1995, 8:00 a.m. April 18, 1995, 7:00 p.m. April 18, 1995, April 18, 1995, and Early Morning, April 19, 1995). “Government counsel argued that Mr. Nichols mixed the bomb and that he was with [fellow conspirator Timothy] McVeigh for long periods on April 17 and 18,” Tigar states (see April 13, 1995, April 15, 1995, April 15-16, 1995, April 16-17, 1995, Late Evening, April 17, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and Early Afternoon, April 18, 1995). “The withheld evidence contradicts this key government theory.” Tigar called a number of witnesses who said they saw McVeigh with an unknown suspect known as “John Doe No. 2” (see April 15, 1995, 9:00 p.m. April 17, 1995, 3:00 p.m. April 17, 1995, April 18, 1995, April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) and/or other people during key periods in the days and weeks leading up to the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Tigar will demand those documents for his new trial request. (New York Times 7/8/1999; Mayhem (.net) 4/2009) Judge Richard P. Matsch, who presided over the first trial, will deny Nichols’s request. (New York Times 9/14/1999) In December 2000, a federal appeals court will also deny the request. (New York Times 12/19/2000)

Valerie Plame Wilson, a covert CIA agent (see Fall 1992 - 1996) posing as an energy executive, lists “Brewster-Jennings & Assoc.” as her employer when making a $1,000 donation to the presidential campaign of Al Gore (D-TN). “Brewster Jennings” will later be revealed to be a CIA front company (see October 3, 2003). (FactCheck (.org) 7/22/2005; Crewdson 3/11/2006)

Former President George H. W. Bush, a former director of the CIA, speaks at the dedication ceremony of the new intelligence center bearing his name. In the course of his speech, Bush says: “We need more human intelligence. That means we need more protection for the methods we use to gather intelligence and more protection for our sources, particularly our human sources, people that are risking their lives for their country.… I have nothing but contempt and anger for those who betray the trust by exposing the name of our sources. They are, in my view, the most insidious, of traitors.” (Central Intelligence Agency 4/26/1999) These remarks will later be unearthed in conjunction with the White House’s leaking of the identity of covert CIA agent Valerie Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), and the publication of her name and status by conservative columnist Robert Novak (see July 14, 2003).

US Representative Ron Paul (R-TX) introduces the so-called “Liberty Amendment” as, his office says in a press release, “what should be 28th Amendment to the US Constitution; HJ116, the Liberty Amendment.” The Liberty Amendment would repeal the 16th Amendment, which gives the federal government the right to levy income, estate, and gift taxes, and would severely limit the power of the federal government in areas not strictly defined by the Constitution, giving vast new powers to the states instead. The Liberty Amendment was first introduced in Congress in 1952; in 1957, Representative Elmer Hoffman (R-IL) reintroduced it with the new prohibitions on federal taxations. The Anti-Defamation League will write, “In this form, the amendment garnered considerable support among extreme right-wing conservatives as well as the budding libertarian movement.” Right-wing libertarian Willis Stone became the chairman of the Liberty Amendment Committee in the late 1950s, and for years attempted to raise support for the amendment. In recent years, Paul has become the champion of the amendment. After introducing the amendment, Paul tells reporters: “Over the years this amendment has enjoyed widespread support and has been introduced several times in the past by various members of Congress, but finally this measure has a chance of success given the conservative Congress and mood of the country in favor of a more limited, constitutional government which respects individual liberty.… The income tax is the most regressive tax imaginable, allowing government to take first claim on our lives. The income tax assumes government owns us, as individuals, and has a sovereign claim to the fruits of our labor. This is immoral. But government has been compelled to levy this economically damaging tax because government has grown so big. By reducing the size of the federal government to those functions strictly enumerated in the Constitution, there will no longer be a need for the income tax.… Once again, Americans are being treated to hearings on the abuses of the IRS. For as abusive as the IRS is, it is in fact simply the predictable result of the underlying income tax. By eliminating the income tax, we will go a long way toward eliminating these abuses.” Paul has regularly introduced the amendment in the House since 1981. (Ron Paul 4/28/1999; Anti-Defamation League 2011) The Liberty Amendment is part of the anti-tax movement stemming at least as far back as 1951 (see 1951-1967).

It has been widely assumed in media reports that US intelligence did not connect al-Qaeda leader Hambali to the Bojinka plot (see January 6, 1995) before 9/11. However, the 9/11 Commission will mention in a footnote, “Hambali also was one of the founders of Konsonjaya, a Malaysian company run by close associate of Wali Khan [Amin Shah]. FBI report, Manila air investigation, May 23, 1999.” (9/11 Commission 7/24/2004, pp. 489) The Christian Science Monitor will later note, “Konsonjaya was not just supplying money. It also coordinating the Bojinka plotters” (see June 1994). (Murphy 2/14/2002) In the spring of 1995, Philippine Colonel Rodolfo Mendoza gave the US a chart he made of the Bojinka plotters, and Konsonjaya was centrally featured in it (see Spring 1995). He later said, “It was sort of their nerve center.” (Murphy 2/14/2002) Shortly after Ramzi Yousef’s Manila apartment was broken into, documents found there connected Konsonjaya with the “Ladin International” company in Sudan, an obvious bin Laden front. An FBI memo at the time noted the connection. (Lance 2003, pp. 303) Hambali’s photograph was also found on Yousef’s computer. (Pereira 2/2/2002) In 1996, the company’s records were introduced as evidence in a public trial of some Bojinka plotters, and in 1998, Khalid Shaikh Mohammed was nearly caught in Brazil while using Konsonjaya as his business cover (see June 1998). So it’s not clear why it took the FBI four years to learn about Hambali, but that still means they were aware of who he was prior to the January 2000 al-Qaeda summit in Malaysia attended by Hambali and two 9/11 hijackers (see January 5-8, 2000). But apparently the connection will not be made.

Michael Scheuer.
Michael Scheuer. [Source: Publicity photo]CIA Director George Tenet removes Michael Scheuer as head of Alec Station, the CIA’s bin Laden unit. Scheuer had headed the unit since its inception in 1996 (see February 1996), and was known as a strong advocate for more government action against bin Laden. The full name of the new head of the unit has not been released and little is known about his performance. (Zeman et al. 11/2004) Deputy Director of Operations Jack Downing tells Scheuer he is being fired because he is “mentally burned out” and because of a recent disagreement with the FBI over whether the deputy chief of Alex Station, who was detailed to the CIA from the FBI, could release information to the FBI without Scheuer’s approval. Downing tells Scheuer he was in the right, but that the criticism of his subordinate “should not have been put on paper”, and the FBI’s management is angry with him. Downing says he will get a medal and a monetary award, but should tell his subordinates he has resigned. Scheuer refuses to lie to his officers, signs a memo saying he will not accept a monetary award, and tells Downing “where he should store the medal.” (Scheuer 2005, pp. 263-4; Wright 2006, pp. 313) According to author Steve Coll, Scheuer’s CIA colleagues “could not be sure exactly [why Scheuer left] but among at least a few of them a believe settled in that [he] had been exiled, in effect, for becoming too passionate about the bin Laden threat…” In particular, he was angry about two recent missed opportunities (see 1997-May 29, 1998 and February 11, 1999) to assassinate bin Laden. (Coll 2004, pp. 449-450) Scheuer will write in 2004 that, “On moving to a new position, I forwarded a long memorandum to the Agency’s senior-most officers—some are still serving—describing an array of fixable problems that were plaguing America’s attack on bin Laden, ones that the bin Laden unit had encountered but failed to remedy between and among [US intelligence agencies]… The problems outlined in the memorandum stood in the way of attacking bin Laden to the most effective extent possible; many remain today.” Problems include poor cooperation between agencies and a lack of experienced staff working on the bin Laden issue. Scheuer never receives a response to his memo. (Atlantic Monthly 12/2004)

CIA Director George Tenet tells a closed session of Congress, “We have seen numerous reports that bin Laden and his associates are planning terrorist attacks against US officials and facilities in a variety of locations, including in the US.” (Coll 2004, pp. 454) However, six months later and after a well-publicized attempted al-Qaeda attack on the Los Angeles airport (see December 14, 1999), he will not mention in an open session that bin Laden has the capability to stage attacks inside the US (see February 2, 2000).

Following the replacement of Michael Scheuer by Richard Blee as chief of Alec Station, the CIA’s bin Laden unit (see June 1999 and June 1999), the relationship between Alec Station and its FBI counterpart headed by John O’Neill does not improve. The relationship between Scheuer and O’Neill was extremely stormy, but Blee’s arrival does nothing to calm matters. As O’Neill is the FBI manager most knowledgeable about al-Qaeda, the combative nature of the relationship may hamper interagency counterterrorism efforts. Author James Bamford will write, “The epicenter of the clash between the two cultures [of the FBI and CIA] was the relationship between [Blee] and John P. O’Neill, the flashy, outspoken chief of the FBI’s National Security Division in New York.” An associate of O’Neill’s will say of Alec Station staff, “They despised the FBI and they despised John O’Neill.” A CIA officer will add, “The working relationships were very difficult at times.” (Bamford 2004, pp. 217-8)

Benjamin ‘August’ Smith.Benjamin ‘August’ Smith. [Source: Eye on Hate (.com)]Benjamin “August” Smith, a troubled 21-year-old man who devoutly believes in the racist teachings of the World Church of the Creator (WCOTC—see May 1996 and After), goes on a three-day killing spree targeted at Jews and non-whites. Smith gave himself the nickname of “August” because he believes his given name sounds Jewish, and as a reference to the Roman emperor Caesar Augustus. Smith was expelled from the University of Illinois at Champaign-Urbana for several run-ins with police, and is in trouble at his current school, the University of Indiana, for distributing WCOTC literature and penning racist screeds for the student newspaper (see August 27, 1998). His girlfriend has broken up with him due to his physical and emotional abuse towards her. The event that apparently triggers Smith’s killing spree is Illinois’s denial of a law license to Matthew Hale, the leader of the WCOTC and a man Smith considers to be his mentor (see July 2, 1999).
July 2: One Killed, Six Injured - Smith, driving a light blue Ford Taurus and carrying a .380 semiautomatic and a .22 pistol, begins the killing spree on July 2 in a Chicago suburb when he sees a group of Orthodox Jews walking home from Sabbath services; he opens fire on them, injuring six. A short time later, Smith sees Ricky Byrdsong, an African-American and the former basketball coach of Northwestern University, walking with two of his children in his front yard in the Chicago suburb of Skokie. Smith shoots and kills Byrdsong from his car. He then fires on an Asian couple in the Northwood suburb, but misses them both.
July 3: Three Injured - On July 3, while police are piecing together the events of the Chicago shootings, Smith drives to Springfield, Illinois, where he shoots at two African-Americans, wounding one and missing the other. He then drives to Decatur where he shoots and wounds Stephen Anderson, an African-American minister. He then drives to Champaign-Urbana, where he critically wounds an Asian student.
July 4: One Killed, Shooter Commits Suicide - On July 4, Smith shoots and kills Won-Joon Yoon, a University of Indiana doctoral student standing outside his Birmingham, Indiana church. Smith abandons his Taurus in Ina, Illinois, hijacks a van from a gas station, and flees. Police, alerted to the hijacking, locate him traveling towards Salem, Illinois. The police chase Smith down the highway until he shoots himself below the chin in a suicide attempt; the badly wounded Smith crashes the van and shoots himself twice more before being taken to the hospital, where he is pronounced dead on arrival. A search of the Taurus reveals that Smith carefully planned his shooting spree, though he chose his victims apparently at random. A journal left in the car contains anti-Semitic and neo-Nazi writings; the journal opens, “Anyone who knows the history of this plague upon humanity who calls themselves Jews will know why I have acted.” The car also contains a bulletproof vest and receipts showing Smith has cashed in two retirement accounts. The police subsequently find and search a storage locker Smith had rented; it houses Nazi armbands and flags, a computer, printers, and floppy disks. (Los Angeles Times 7/6/1999; Eye on Hate 2003)
Reactions - A former Indiana roommate, Tyrese Alexander, says of Smith after the shootings: “There was never really a, ‘I don’t like you, I hate you because you’re black.’ He seemed to harbor intense anger, but it was never of a physical nature. He never lashed out at anybody. He just had an angry look on his face.… He seemed mad at the world. But I had no idea it would end like this.” (Los Angeles Times 7/6/1999; CNN 7/6/1999) Hale mourns his death, saying that Smith was “a pleasant person who believes in his people, who believes in his people, the white people, I can’t say anything bad about him,” and declares he feels nothing for the victims. Some believe that Hale may have known more of Smith’s plans than he admits. Of Smith’s victims, Hale says, “As far as we’re concerned, the loss is one white man.” (CNN 7/6/1999; Eye on Hate 2003; Anti-Defamation League 2005)
'Martyr' for Radical Rightists - Many radical rightists will quickly declare Smith a “martyr” for the cause and an “exemplary student” of the movement. The spree will help bolster the WCOTC membership, which will expand into 17 states and a large Internet presence. (CNN 7/6/1999; Elliott 7/26/1999; Eye on Hate 2003) The WCOTC will eventually change its name to the “Creativity Movement” (see November 2002). Hale will be sentenced to prison in 2005 for soliciting the murder of a federal judge (see April 6, 2005). (Anti-Defamation League 2005)

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) is transferred to the federal penitentiary in Terre Haute, Indiana. The facility is the only federal prison in the US equipped with an execution chamber (see June 11-13, 1997). (Douglas O. Linder 2001; Eggen 5/25/2007)

A researcher for a 1997 documentary about the Branch Davidian debacle near Waco, Texas (see April 19, 1993), questions the government’s claim that the FBI did not use incendiary devices when it launched its assault on the Davidian compound. The assault triggered a fire that swept through the compound and killed nearly 80 Davidians, including their leader, David Koresh. Officials have since denied any use of incendiary or pyrotechnic devices during the assault, and investigations have concluded that the Davidians themselves set the fires that consumed them (see August 4, 1995). Researcher Michael McNulty, who is preparing a new documentary on the final assault, says state and federal officials are refusing to allow public access to over 12 tons of evidence from the Davidian site stored in Waco. McNulty says that according to evidence logs compiled by the Texas Rangers, at least six items listed as silencers or suppressors are actually “flash-bang” devices used by law enforcement officials to stun suspects. McNulty says the devices can start fires in small, enclosed spaces. The evidence logs show that the devices were found in areas of the compound in which the fires began, McNulty says. “It’s our belief that these pieces of ordnance could and probably did have an impact on the fire on April 19th,” he says. Justice Department spokesman Myron Marlin calls the allegations “nonsense” and says they ignore evidence that the fire was set in several places at the same time. “We know of no evidence that any incendiary device or flash-bang device was fired into the compound on April 19,” Marlin says. The chairman of the Texas Department of Public Safety, James Francis, says he has asked a federal judge to take control of the evidence and allow experts to examine it. (Associated Press 7/29/1999) Francis will succeed in having the evidence opened and reexamined (see August 10, 1999 and After). Shortly thereafter, the Justice Department will admit that such devices were indeed used during the assault, but will claim that they had nothing to do with starting the fires (see August 25, 1999 and After). Examination will show that at least one of the spent shells was from an illumination flare fired into the compound during the early days of the assault (see September 9, 1999).

Chicago FBI agent Robert Wright is abruptly removed from the Vulgar Betrayal investigation into terrorism financing (see 1996). The entire investigation apparently winds down without his involvement, and will shut down altogether in 2000 (see August 2000). A New York Post article will state, “[T]he official reason was a fear that Wright’s work would disrupt FBI intelligence-gathering. My sources find this dubious: After years of monitoring these individuals, the bureau had likely learned all it could.… [But] conversations with FBI personnel indicate that he was told informally that his work was too embarrassing to the Saudis. In support of this is the fact that Wright was shut down as he seemed to be closing in on Yassin al-Qadi.” (Grimaldi and Mintz 5/11/2002; Schlussel 7/14/2004) Wright later will claim that a reason he is given for being taken off the investigation is a recent dispute he is having with a Muslim FBI agent who refuses to wear a wire (see Early 1999-March 21, 2000). (Federal News Service 6/2/2003) He is also accused of sexually harassing a female FBI agent. This charge is investigated and later dropped. (Lighty and Cohen 8/22/2004) Wright is removed from counterterrorism work altogether and remains that way at least through early 2002. (Associated Press 3/15/2002) In September 1999, he will hire Chicago lawyer David Schippers, famed as House investigative counsel in the Clinton impeachment, to help fight the closure of the investigation. Although Schippers is known as an enemy of President Clinton, Wright will say, “I’m confident President Clinton had absolutely nothing to do with the lack of support and eventual closure of the Vulgar Betrayal investigation.” (Federal News Service 6/2/2003; Novak 6/19/2003)

Buford Furrow.Buford Furrow. [Source: Eye on Hate (.com)]Buford O’Neal Furrow, a security guard and member of the white supremacist Aryan Nations organization (see Early 1970s), attacks a day care center at the North Valley Jewish Community Center in Los Angeles. Apparently to avoid capture, Furrow leaves his van behind and hijacks a car to drive to the center. Upon entering, he opens fire with an Uzi submachine gun, wounding three children, a counselor, and a receptionist. Investigators will determine that Furrow fires 70 shots. Furrow flees the scene and shortly thereafter encounters letter carrier Joseph Ileto, a Filipini-American. Furrow approaches Ileto and asks him if he can post a letter for him. As Ileto reaches for the piece of mail, Furrow pulls a Glock 9mm pistol and shoots him twice. Ileto attempts to get away, but Furrow pumps seven more bullets into his back. Ileto dies at the scene. Furrow will surrender the next day in Las Vegas, where he has fled the manhunt by state and local officials. He later tells investigators that the shootings are a “wake-up call” to Jews and white supremacist groups, and that he considered Ileto a good target because he was non-white and worked for the government. Police find a book in Furrow’s van extolling the virtues of the “Christian Identity” movement (see 1960s and After). Some will speculate that Furrow was acting as a “Phineas Priest” (see [1990), Christian Identity members who believe God has called them to carry out violent attacks. The book details how to become a “Phineas Priest,” and gives examples of successful actions, including the murder of radio show host Alan Berg (see June 18, 1984 and After). To avoid the death penalty, Furrow will plead guilty and be sentenced to two life sentences without parole, plus 110 years in prison and $690,294 in restitution. The judge will tell him, “Your actions were a reminder that bigotry is alive.” Referring to the support the center victims receive after the shootings, the judge concludes, “If you’ve sent a message, it is that even the most violent crimes can strengthen a community.” (CNN 1/24/2001; Eye on Hate 2003; Seattle Post-Intelligencer 2010) Investigators will later learn that Furrow may be mentally unstable, and that he was frequently in short-term state psychiatric facilities, where he often expressed his desire to maim and kill. To questions that Furrow should have been involuntarily committed before the community center shootings, psychiatry professor Renee Binder will say: “What does society do with these people? Most people would say that being a racist with violent fantasies is not against the law. Racism is not something that is designated as an illness that can be treated by mental health professionals.” And Seattle official Ron Sims says: “The problem I have is that people are trying to build a case that this killing was done because the man was insane. What he did was cowardly, repulsive, and a very irrational act. But mental illness was not the cause. Hatred was. This guy came out of a culture of hatred.” (Egan 8/14/1999)

Pyrotechnic CS gas canisters.Pyrotechnic CS gas canisters. [Source: Law Enforcement Equipment Distribution]According to newly presented documents, the FBI used two or three pyrotechnic tear gas canisters during the raid on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The documents contradict earlier FBI and Justice Department claims that law enforcement officials did nothing that could have contributed to the fire that killed over 80 sect members. Former senior FBI official Danny Coulson begins the revelations by admitting to the Dallas Morning News that the FBI had indeed used pyrotechnic grenades, though he says the grenades did not start the fires that consumed the building. Texas Department of Public Safety Commission Chairman James Francis says the Texas Rangers have “overwhelming evidence” supporting Coulson’s statement. “There are written reports by Rangers, there is photographic evidence, there is physical evidence, all three of which are problematic,” Francis says. Coulson, the founder of the FBI’s Hostage Rescue Team and a former assistant deputy director, says that two M651 CS tear gas grenades were fired into the building, but they were fired hours before the blazes erupted. Attorney General Janet Reno, who tells reporters she knew nothing of the grenade usage and is “very, very frustrated” at the knowledge, appoints former Senator John C. Danforth (R-MO) as the head of an investigatory commission (see September 7-8, 1999); Danforth will find that, regardless of the use of the pyrotechnic gas canisters, law enforcement officials were not responsible for the fire, and neither the FBI nor the Justice Department tried to cover up any actions (see July 21, 2000). (PBS Frontline 10/1995; Hancock 8/25/1999; Thibodeau 9/9/1999) The military M651 canisters, which burn for about 30 seconds to heat and release the solidified tear gas inside, were fired from a Bradley fighting vehicle at a bunker near the main building (see September 3, 1999). After the assault, a Texas Ranger found a spent 40mm gas canister shell lying on the ground and asked a nearby FBI agent, “What’s this?” The agent promised to find out, but never returned with an answer; the shell went into evidence containers (see August 10, 1999 and After). Two weeks after the FBI acknowledges the use of incendiary gas canisters at the Waco assault, Reno testifies on the matter to the House Judiciary Committee. She says that, based on the briefings she had been given (see April 17-18, 1993), “It was my understanding that the tear gas produced no risk of fire.… That fire was set by David Koresh and the people in that building.” After her testimony, Senate Majority Leader Trent Lott (R-MS) calls on Reno to resign. (Isikoff 9/6/1999; Mittelstadt 9/10/1999) FBI agent Byron Sage, the chief negotiator during the Davidian standoff, will say in 2003 that the incendiary gas canisters could not have set the fires. “This is the critical point, the M651 rounds were never directed towards the wooden structure,” he will say. “They were used in an area yards away from the building. Also, they were used earlier in the day. The fire didn’t start until four hours later. They had absolutely nothing to do with that fire.” Sage will say that the canisters were fired only at a construction pit near the compound where other gas-discharging devices had been smothered in mud. The pit was targeted because some Davidian gunfire during the ATF raid had come from that area, he will say. (Anderson 3/16/2003) Charles Cutshaw, an editor of Jane’s Defense Information and an expert on this kind of weapon, says these military tear gas cartridges are not intended to start fires. He says he knows of no studies or reports on how often such cartridges may have caused fires. (Walsh 9/4/1999) Shortly after the admission, federal prosecutor Bill Johnston, one of the lawyers for the government in the wrongful-death lawsuit filed by surviving Davidians (see April 1995), informs Reno that government lawyers had known for years about the use of pyrotechnic tear-gas rounds (see August 30, 1999). Johnston will be removed from the lawsuit and replaced by US Attorney Michael Bradford. (Fort Worth Star-Telegram 7/21/2000) He will also plead guilty to concealing evidence from investigators concerning the canisters (see November 9, 2000).

Page 9 of 27 (2668 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 | next

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike