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One of a number of semi-official ‘Christian Identity’ logos.One of a number of semi-official ‘Christian Identity’ logos. [Source: KingIdentity (.com)]The “Christian Identity” theology, formerly a fairly benign expression of what is known as “British-Israelism” or “Anglo-Israelism,” begins to spread throughout the US and Canada, particularly on the west coasts of these nations. This belief holds that white Americans and Canadians are the real descendants of the Biblical tribes of Israel. In 2003, author Nicole Nichols, an expert on far-right racist and religious groups in America, will define the concept of “Christian Identity” as practiced by many white supremacist and separatist groups. Christian Identity is not an organization, she will write, but an ideology that many organizations have adopted in some form or fashion. Christian Identity “elevates white supremacy and separatism to a Godly ideal,” she will write, calling it “the ideological fuel that fires much of the activity of the racist far right.” According to Christian Identity theology, Jews are neither the “true Israelites” nor the true “chosen people” of God; instead, Christian Identity proponents claim, Jews are descended from an Asiatic people known as the Khazars, who settled near the Black Sea during the Middle Ages. [Nicole Nichols, 2003; Anti-Defamation League, 2005; Ontario Consultants on Religious Tolerance, 5/30/2006] In 2005, the Ontario Consultants on Religious Tolerance will write, “Followers tend to be involved in political movements opposing gun control, equal rights to gays and lesbians, and militia movements,” and quote Michael Barkun, an expert on radical-right groups, as saying, “This virulent racist and anti-Semitic theology… is prevalent among many right-wing extremist groups and has been called the ‘glue’ of the racist right.” [Ontario Consultants on Religious Tolerance, 5/30/2006]
Beginnings; 'The Protocols of the Elders of Zion' - In the 1920s, William J. Cameron, editor of the Dearborn Independent weekly newspaper, popularized the anti-Semitic hoax manuscript called “The Protocols of the Elders of Zion,” which purported to detail the “secret teachings” of Judaism, including the planned takeover of the world’s governments, the subjugation of non-Semitic races, and the bizarre, cannibalistic rituals supposedly practiced by Jews. [Anti-Defamation League, 2005]
Wesley Swift and 'Mud People' - In the 1940s, a former Methodist minister, Wesley Swift, started his own church, later known as the Church of Jesus Christ Christian. Swift had deep ties to a number of radical right-wing groups including the Ku Klux Klan; Swift and his associates set the stage for the mutation of the Christian Identity into a loosely organized set of virulently anti-Semitic, racist belief systems that will come to be grouped together under the “Christian Identity” rubric. Swift himself taught that only the white race was created in the form of God, while Asian and African races were created from the “beasts of the fields,” and thusly are subhuman creations. In Swift’s version of Genesis, Eve, the wife of the first “true” man Adam, was seduced by The Serpent, who masqeueraded as a white man. Eve bore a son, Cain, who is the actual father of the Jewish people. This reinterpretation, sometimes called the “two-seed” or “seedliner” theory, supports the Christian Identity propensity to demonize Jews, whom Swift and others labeled the “spawn of Satan.” Today’s white Europeans and their American and Canadian descendants, Swift taught, are descended from the “true son” of Adam and Eve, Abel, and are the actual “chosen people” of God. Some Christian Identity adherents go even farther, claiming that subhuman “pre-Adamic” races existed and “spawned” the non-white races of the world, which they label “mud people.” [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Permeates Racist, Far-Right Groups - By the 1960s, a new group of Christian Identity leaders emerges to spread the Identity theology through the radical, racist right in America and Canada, popularizing the once-obscure ideology. Most prominent among them are three disciples of Swift: James K. Warner, William Potter Gale, and Richard Butler. Warner, who will move to Louisiana and play a leading role in the fight against civil rights, founds the Christian Defense League and the New Christian Crusade Church. Gale, an early leader of the Christian Defense League and its paramilitary arm, the California Rangers, goes on to found the Posse Comitatus (see 1969), the group that will help bring about the sovereign citizen movement. Gale will later found the Committee of the States and serve as the “chief of staff” of its “unorganized militia.” Butler moves Swift’s Church of Jesus Christ Christian to Idaho and recasts it as the neo-Nazi group Aryan Nations (see Early 1970s). Under the leadership of Butler, Gale, Warner, and others, Christian Identity soon permeates most of the major far-right movements, including the Klan and a racist “skinhead” organization known as the Hammerskins. It also penetrates many extreme anti-government activist groups. The Anti-Defamation League will write, “The resurgence of right-wing extremism in the 1990s following the Ruby Ridge (see August 31, 1992) and Waco standoffs (see April 19, 1993) further spread Identity beliefs.” [Anti-Defamation League, 2005] Nichols will write: “Christian Identity enclaves provide a trail of safe havens for movement activists, stretching from Hayden Lake in northern Idaho (the Aryan Nations stronghold) to Elohim City on the Oklahoma/Arkansas border (see 1973 and After). Many white supremacists on the run from federal authorities have found shelter and support from Christian Identity followers.” Some organizations such as the Montana Militia are headed by Identity adherents, but do not as a group promote the theology. [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Bringing Forth the Apocalypse - Many Christian Identity adherents believe that the Biblical Apocalypse—the end of the world as it is currently known and the final ascendancy of select Christians over all others—is coming soon. Unlike some Christians, Identity adherents do not generally believe in the “rapture,” or the ascendancy of “saved” Christians to Heaven before the Apocalypse ensues; instead, Identity followers believe Jesus Christ will return to Earth only after the time of the “Tribulation,” a great battle between good and evil, which will set the stage for the return of Christ and the final transformation of the world. Identity followers believe it is their duty to prepare for the Apocalypse, and some believe it is their duty to help bring it about. They tend to cast the Apocalypse in racial terms—whites vs. nonwhites. Identity adherents believe that worldly institutions will collapse during the “end times,” and therefore tend to distrust such institutions, making Identity theology appealing to anti-government ideologies of groups such as militia, “Patriot,” and sovereign citizens groups. [Anti-Defamation League, 2005]
21st Century Identity - In the 21st century, Christian Identity groups are strongest in the Pacific Northwest of America and Canada, and the US Midwest, though Identity churches can be found throughout the US and in other parts of Canada. Identity churches also exist in, among other nations, Ireland, Great Britain, Australia, and South Africa (see June 25, 2003). The Anti-Defamation League will write: “Yet while spread far it is also spread thin. Estimates of the total number of believers in North America vary from a low of 25,000 to a high of 50,000; the true number is probably closer to the low end of the scale. Given this relatively small following, its extensive penetration of the far right is all the more remarkable.” [Anti-Defamation League, 2005]
Identity Violence - Identity adherents commit a number of violent acts, often against government and/or financial institutions, in an outsized proportion to their small numbers. In 1983, Identity adherent Gordon Kahl kills two US Marshals who attempt to arrest him on a parole violation, and kills an Arkansas sheriff before finally being gunned down by authorities (see February 13, 1983 and After). The white supremacist terrorist group The Order (see Late September 1983) contains a number of Identity members, including David Tate, who kills a Missouri Highway Patrol officer while attempting to flee to an Identity survivalist compound (see April 15, 1985). During the 1980s, small Identity groups such as The New Order (or The Order II) and the Arizona Patriots commit bombings and armored car robberies. After the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Identity minister Willie Ray Lampley attempts a number of bombings (see November 9, 1995). In 1996, the Montana Freeman, led by Identity members, “stands off” federal authorities for 81 days (see March 25, 1996). Between 1996 and 1998, Eric Robert Rudolph, who has connections to Identity ministers such as Nord Davis and Dan Gayman, bombs an Atlanta gay bar (see February 21, 1997), several abortion clinics (see October 14, 1998), and the Atlanta Summer Olympics (see July 27, 1996 and After). In 1999, Identity member and former Aryan Nations security guard Buford Furrow goes on a shooting spree at a Jewish community center in Los Angeles (see August 10, 1999). [Anti-Defamation League, 2005]

Arizona tax protester Marvin Cooley writes a best-selling book, The Big Bluff, documenting the struggles of his fellow anti-tax protester, W. Vaughn Ellsworth. Cooley, whose gruff tirades against the IRS and the federal government make him popular on the far-right speaking circuit—in 1971, he wrote to the IRS: “I will no longer pay for the destruction of my country, family, and self. Damn tyranny! Damn the Federal Reserve liars and thieves! Damn all pettifogging, oath-breaking US attorneys and judges.… I will see you all in Hell and shed my blood before I will be robbed of one more dollar to finance a national policy of treason, plunder, and corruption”—includes sample letters and copies of his own tax returns in his book. Among Cooley’s adherents is Robert Jay Mathews, who will go on to found the violent neo-Nazi group The Order (see Late September 1983). In 1970, the 17-year-old Mathews, still living with his parents in Phoenix, becomes a sergeant-at-arms for some of Cooley’s meetings. In 1973, Mathews will use Cooley’s income tax theories to fraudulently list 10 dependents on his W-4 tax form, a common protest tactic that winds up with Mathews convicted of tax fraud (see 1973). Cooley, a vocal proponent of tax protester Arthur Porth (see 1951-1967)‘s “Fifth Amendment Return” strategy (refusing to pay taxes on Fifth Amendment grounds) will go to jail for tax evasion in 1973 and again in 1989. [Southern Poverty Law Center, 12/2001; Anti-Defamation League, 2011]

Entity Tags: Marvin Cooley, Arthur Porth, Internal Revenue Service, W. Vaughn Ellsworth, Robert Jay Mathews, US Federal Reserve

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Robert Jay Mathews, a young conservative and resistance-movement organizer living in Phoenix, Arizona, is arrested for submitting fraudulent income tax returns. Mathews, who has read a recently published book, The Big Bluff by anti-tax protester Marvin Cooley (see 1970-1972) and served as sergeant-at arms for some of Cooley’s meetings in Phoenix, does not believe the US government has the right to compel him to pay taxes. Mathews uses Cooley’s income-tax theories to fraudulently list ten dependents on his W-4 tax form, a common protest tactic that backfires when tax assessors realize that a 20-year old unmarried man is unlikely to have so many dependents. Mathews is convicted of misdemeanor tax fraud; he is given six months’ probation and warned if he commits tax fraud again, he will be charged with felony tax evasion. [Southern Poverty Law Center, 12/2001; HistoryLink, 12/6/2006; Anti-Defamation League, 2011] Mathews will go on to found The Order, one of the most violent anti-government organizations in modern US history (see Late September 1983). He will die during a 1984 standoff with FBI agents (see December 8, 1984).

Entity Tags: Marvin Cooley, Robert Jay Mathews, The Order

Timeline Tags: US Domestic Terrorism

Tax protester Ardie McBrearty founds the United States Taxpayers Union (USTU), an organization dedicated to abolishing the 16th Amendment (see 1951-1967 and 1970-1972), and also the Occupational Safety and Health Act (OSHA), consumer protection statutes, gun control laws, and other “unconstitutional” legislation. McBrearty, an avowed Christian Identity follower (see 1960s and After), will abandon tax protest in favor of armed white supremacist militancy, joining The Order (see Late September 1983 and August 1984 and After). He will eventually earn 40 years in prison for his role in The Order’s violent actions. [Southern Poverty Law Center, 12/2001] In a 1982 lawsuit, McBrearty will argue that a 1977 agreement with UTSU mandated that the group should pay “all necessary personal and family obligations of said individual [and] all costs incurred in the defense of a client member.” McBrearty will be convicted for tax law violations in 1979 and will sue the UTSU shortly thereafter. The courts will dismiss the lawsuit because such an agreement “contravene[s] public policy and [i]s therefore unenforceable.” [OpenJurist, 1/18/1982] It is unclear whether McBrearty’s loss of the lawsuit triggers his desire to join a more actively violent organization, such as The Order.

Entity Tags: The Order, Ardie McBrearty, United States Taxpayers Union

Timeline Tags: US Domestic Terrorism

Cover of ‘The Turner Diaries.’Cover of ‘The Turner Diaries.’ [Source: Associated Content]White supremacist and separatist William Pierce, a leader of the neo-Nazi National Alliance (see 1970-1974), publishes a novel called The Turner Diaries under the pseudonym “Andrew Macdonald.”
Former College Professor - Pierce has a doctorate in physics from the University of Colorado, and taught at Oregon State University for three years before joining the American Nazi Party, taking over leadership of the group after its head, George Lincoln Rockwell, was assassinated. In 1970, Pierce and others left that organization and joined the National Youth Alliance, later renamed the National Alliance. He will later say that the violence and disruption of the civil rights movement prompted his decision to join Nazi and white supremacist organizations. “I became concerned with the general abandonment of standards and long-accepted values,” he will write. “The standards of excellence that had prevailed at most universities were becoming abandoned ideas that were in the way of social progress for people of color. The old-fogey standards had to go, and now we had to judge students and professors by the new standards of social relevance and performance. That concerned me a lot.”
Genocidal 'Future History' - The novel is a “future history” of the US after the nation, and eventually the world, is “purged” of “inferior” races via an Aryan revolution that overthrows the US government and puts white “Aryans” in charge. Pierce actually began the book as a series of installments for the racist tabloid “Attack!” a publication of the National Youth Alliance. The Anti-Defamation League will term the book “[l]urid, violent, apocalyptic, misogynistic, racist, and anti-Semitic.” The book is privately printed through the National Alliance’s National Vanguard Press, but in 1998, independent publisher Barricade Books will begin publishing it as well. From 1975 through 1978, Pierce serialized the novel in the Alliance’s newsletter, “Attack!” (later renamed “National Vanguard”). In March 1997, he will explain his rationale for writing the novel, saying: “In 1975, when I began writing The Turner Diaries… I wanted to take all of the feminist agitators and propagandists and all of the race-mixing fanatics and all of the media bosses and all of the bureaucrats and politicians who were collaborating with them, and I wanted to put them up against a wall, in batches of a thousand or so at a time, and machine-gun them. And I still want to do that. I am convinced that one day we will have to do that before we can get our civilization back on track, and I look forward to the day.”
Fictional Story Inspires Oklahoma City Bombing - The story hinges on the experiences and “recollections” of Earl Turner, an Aryan separatist who chronicles the extermination of minorities, Jews, and other “undesirables” via an armed insurrection. The book will become highly influential in far-right circles. One of the most notable scenes in it is that of Turner’s guerrilla unit detonating a homemade “fertilizer bomb” at FBI headquarters, killing hundreds; the ADL will note it as “a passage that came to be seen as foreshadowing, and as an inspiration to, Oklahoma City bomber Timothy McVeigh” (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The white supremacist guerrilla army of the book is called “The Organization”; its vocabulary and methodologies will be adopted to one extend or another by a number of white supremacist and separatist organizations. The novel begins by stating: “If the White nations of the world had not allowed themselves to become subject to the Jew, to Jewish ideas, to the Jewish spirit, this war would not be necessary. We can hardly consider ourselves blameless. We can hardly say we had no choice, no chance to avoid the Jew’s snare. We can hardly say we were not warned.… The people had finally had their fill of the Jews and their tricks.… If the Organization survives this contest, no Jew will—anywhere. We’ll go to the Uttermost ends of the earth to hunt down the last of Satan’s spawn.” The revolution of the “Organization” is triggered by the passage of the “Cohen Act,” legislation which effectively bans Americans from owning weapons. Pierce writes that the forcible disarming of the citizenry results in anarchy: “Robberies of this sort had become all too common since the Cohen Act, with groups of Blacks forcing their way into White homes to rob and rape, knowing that even if their victims had guns they would probably not dare use them.” The book depicts scenes of violence in gory, graphic detail (including torture and racially-motivated lynchings), and gives detailed explanations of how the characters construct a variety of explosive devices. The book gives the rationale for its fictional murder of hundreds at the FBI building: “It is a heavy burden of responsibility for us to bear, since most of the victims of our bomb were only pawns who were no more committed to the sick philosophy or the racially destructive goals of the System than we are. But there is no way we can destroy the System without hurting many thousands of innocent people.… And if we don’t destroy the System before it destroys us… our whole race will die.” In the novel, Turner dies during a successful suicide mission, when he detonates a nuclear weapon over the Pentagon. White domination of the planet is ultimately achieved by the massive deployment of nuclear weapons. Organizations such as The Order (which will carry out the murder of progressive talk show host Alan Berg—see June 18, 1984 and After), The New Order, and the Aryan Republican Army (see 1992 - 1995) will cite the novel as inspiration for their efforts. [New York Times, 7/5/1995; Stickney, 1996, pp. 99; Center for New Community, 8/2002 pdf file; Southern Poverty Law Center, 9/2004; Anti-Defamation League, 2005]
Inspiration for Texas Murder - In Texas in 1998, when African-American James Byrd Jr. is beaten and dragged to his death behind a pickup truck (see June 7, 1998 and After), one of his assailants, John King, will say, “We’re starting The Turner Diaries early.”
Sparks Many Imitators - The novel will spark a number of imitations, including 2003’s Angle Iron, about a right-wing attack on the US power grid; 2001’s Dark Millennium, depicting a white supremacist president presiding over the extermination of African-Americans; 2004’s Deep Blue, which transports the racial themes into a science-fictional presentation; 2001’s Hold Back This Day, in which whites establish an Aryan colony on Mars; 1999’s One in a Million, in which a white separatist declares war on the IRS; 2001’s The Outsider, whose white hero goes on a murderous spree among African-Americans; and 1991’s Serpent’s Walk, in which a resurgent Nazi underground claims the planet for its own. [Southern Poverty Law Center, 9/2004]
Wide Influence - Both Pierce and his novel will become highly influential in white supremacist and anti-government circles. Jerry Dale, a West Virginia sheriff who monitors Pierce for years, says: “He’s become a spiritual leader. He’s not a nut. Looking at him and talking to him, you don’t get a feeling he’s crazy. He’s not violent. But the way he incites people, to me, that is frightening.” Pierce will go on to write a number of books (including comic books) and periodicals, and host a radio show that will be broadcast in a dozen states. However, he always publicly states that he does not advocate actual violence. [New York Times, 7/5/1995]
Second Novel - Ten years later, Pierce will publish a second novel, Hunter, which depicts a lone assassin targeting Jews and African-Americans. Both this book and a reprint of The Turner Diaries will be released by a publishing house affiliated with the National Alliance, the National Vanguard Press (see 1988).

Entity Tags: William Luther Pierce, The Order, John William (“Bill”) King, National Youth Alliance, American Nazi Party, Anti-Defamation League, Aryan Republican Army, Barricade Books, George Lincoln Rockwell, The New Order, National Alliance, James Byrd Jr., Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Young anti-government organizer Robert Jay Mathews, currently living on a rural property in Metaline Falls, Washington, joins the National Alliance, a white-supremacist group founded by author and activist William Pierce (see 1970-1974). Mathews is profoundly affected by Pierce’s book The Turner Diaries (see 1978) and other books, including Oswald Spengler’s The Decline of the West, Louis Beam’s Essays of a Klansman, and William Simpson’s Which Way Western Man? which tells of a plot by Jews to destroy “the White Christian race.” In early 1982, Mathews joins the Church of Jesus Christ Christian, located in the Aryan Nations compound in Hayden Lake, Idaho, and also joins the Aryan Nations. Both the church and the organization advocate the necessity of creating a “white homeland” in northern Idaho. Mathews then founds the White American Bastion, a splinter group designed to bring Christian families to the Northwest. [Kushner, 2003, pp. 222; HistoryLink, 12/6/2006] Mathews will go on to found The Order, one of the most violent anti-government organizations in modern US history (see Late September 1983). He will die during a 1984 standoff with FBI agents (see December 8, 1984).

Entity Tags: White American Bastion, The Order, Aryan Nations, Church of Jesus Christ Christian, National Alliance, William Luther Pierce, Robert Jay Mathews

Timeline Tags: US Domestic Terrorism

Richard Butler, the head of the white separatist and neo-Nazi organization Aryan Nations (see Early 1970s), hosts the first Aryan World Congress at the Nations compound in Hayden Lake, Idaho. The event attracts many of the area’s racist leaders. Butler begins holding more gatherings in subsequent years and begins appointing state leaders of Aryan Nations chapters. One of the brightest young leaders in Butler’s coterie is Robert Jay Mathews, who will go on to found the violent white supremacist group The Order (see Late September 1983). Other prominent Nations members at the conferences include: Tom Metzger, leader of the White Aryan Resistance; Louis Beam, a former Klansman who will promote the concept of “leaderless resistance” (see February 1992); Don Black, a former Klansman who will create Stormfront, the largest white separatist forum on the Internet; and Kirk Lyons, a well-known lawyer who will represent a number of extremists facing criminal charges. [Southern Poverty Law Center, 2010; Southern Poverty Law Center, 2010]

Entity Tags: White Aryan Resistance, Louis R. Beam, Jr, The Order, Kirk Lyons, Don Black, Aryan Nations, Tom Metzger, Richard Girnt Butler, Stormfront (.org), Robert Jay Mathews

Timeline Tags: US Domestic Terrorism

An undated photo of LeRoy Schweitzer.An undated photo of LeRoy Schweitzer. [Source: WorldNews]LeRoy Schweitzer, a crop duster in Montana and Idaho, becomes increasingly frustrated and resentful at what he considers interference by the government. Beginning in the mid-1980s, Schweitzer moves toward becoming an anti-government tax resister. He becomes fascinated by the legal ideology of the Posse Comitatus (see 1969), attends numerous Posse meetings, and has some contacts with members of The Order (see Late September 1983). Schweitzer, well-liked by his neighbors and friends, begins to worry them with his increasing extremism. He helps a friend, Bernard Kuennan, mount a legal defense against charges of letting his dog roam unvaccinated, and the two hammer the judge with questions about the differences between “admiralty” and “common law” (see Fall 2010). He defies police officers who stop him for traffic violations. He moves to Montana, where he refuses to get a license to fly his Cessna crop duster, resulting in federal arrest warrants. His refusal to pay federal taxes causes the IRS to seize his plane in November 1992, his Bozeman, Montana home, and other equipment, and sell it all to pay his $389,000 delinquent tax bill, dating back to the 1970s. Thoroughly radicalized, Schweitzer meets Rodney Owen Skurdal, another legal manipulator. Skurdal is an ex-Marine and Posse Comitatus advocate who, during litigation of a worker’s compensation suit in the 1980s, tells the judge that the federal government lacks the authority to print paper money and demands, fruitlessly, to be paid his compensation in gold bullion. One Wyoming newspaper claims that Skurdal’s extremism begins after he suffers a fractured skull in 1983, the source of the compensation claim; Skurdal’s former wife says after the injury that Skurdal refuses to use a Social Security number or driver’s license. Skurdal, like many in the Posse, is an adherent to the virulently racist Christian Identity belief system (see 1960s and After), and in court filings claims non-whites are “beasts,” and Jews “the children of Satan.” Skurdal routinely intertwines Identity, Posse Comitatus, Biblical, and Uniform Commercial Code (UCC) tenets in his court filings (see 1994). In 1993, the IRS seizes his farm near Roundup, Montana, for back taxes; Skurdal continues to occupy the farm and no local official dares to evict him. In late 1994, Skurdal invites Schweitzer to move in with him; they are joined by Daniel Petersen in early 1995. The three become the nucleus of what will become the Montana Freemen. Skurdal’s farm becomes a headquarters for the nascent organization, with computers, fax machines, laser printers, and satellite dishes going round the clock. The inhabitants post a sign on the edge of the property, reading: “Do Not Enter Private Land of the Sovereign.… The right of Personal Liberty is one of the fundamental rights guaranteed to every citizen, and any unlawful interference with it may be resisted.” Local authorities want to curb the group, but do not want to risk violence and bloodshed. Musselshell County Sheriff G. Paul Smith says: “These people want to be martyrs. I don’t know how far they are willing to carry that.” Moreover, Smith and his small sheriff’s department are outnammed and outgunned. [Mark Pitcavage, 5/6/1996]

Entity Tags: The Order, Bernard Kuennan, Daniel Petersen, Posse Comitatus, G. Paul Smith, Montana Freemen, LeRoy Schweitzer, Rodney Owen Skurdal

Timeline Tags: US Domestic Terrorism

Robert Jay Mathews, a white supremacist and activist (see 1980-1982), gives a speech at the National Alliance convention in Arlington, Virginia, reporting on his efforts to recruit farmers and ranchers into the “white racialist” movement (see 1969). Mathews receives the only standing ovation of the convention. He also renews his acquaintance with Thomas Martinez, a former Ku Klux Klansman from Philadelphia, and becomes close friends with him. [HistoryLink, 12/6/2006] Mathews will go on to found The Order, one of the most violent anti-government organizations in modern US history (see Late September 1983). He will die during a 1984 standoff with FBI agents (see December 8, 1984).

Entity Tags: Robert Jay Mathews, National Alliance, The Order, Thomas Martinez

Timeline Tags: US Domestic Terrorism

The logo of ‘The Order.’The logo of ‘The Order.’ [Source: Eye on Hate (.com)]Robert Jay Mathews, a white supremacist and activist (see 1980-1982 and September 1983), invites eight men to his property in Metaline Falls, Washington: neighbor and best friend Kenneth Loft; former Ku Klux Klansman David Edan Lane; Daniel Bauer; Denver Daw Parmenter; Randolph George Duey and Bruce Carroll Pierce of the Aryan Nations; and National Alliance recruits Richard Harold Kemp and William Soderquist. Mathews and his eight guests found a new organization called, variously, “The Order,” “The Silent Brotherhood” or “Bruder Schweigen,” and “The White American Bastion.” The group uses the story depicted in the novel The Turner Diaries as its framework, determining to use violence and crime to destabilize the US government and establish a whites-only society. In the novel, “The Organization” finances its revolution by armed robberies, counterfeiting, and other crimes designed to disrupt the US economy. Mathews decides his group will use the same plan. Mathews is also inspired by real crimes, such as a failed 1981 armored car heist by the Black Liberation Army. [Kushner, 2003, pp. 222-223; HistoryLink, 12/6/2006]

Entity Tags: The Order, Daniel Bauer, Bruce Carroll Pierce, David Edan Lane, Denver Daw Parmenter, Kenneth Loft, Randolph George Duey, William Soderquist, Robert Jay Mathews, Richard Harold Kemp

Timeline Tags: US Domestic Terrorism

Bruce Pierce.Bruce Pierce. [Source: Eye on Hate (.com)]Four members of the newly founded white supremacist guerrilla group The Order (see Late September 1983), Robert Jay Mathews, Bruce Pierce, Randolph Duey, and Daniel Bauer, carry out the group’s first armed robbery to finance their plans for armed insurrection. They rob an adult video store in Spokane, Washington, and escape with $369. Mathews, the group leader, decides to strike next at an armored car. [HistoryLink, 12/6/2006]

Entity Tags: Robert Jay Mathews, Bruce Carroll Pierce, Randolph George Duey, The Order, Daniel Bauer

Timeline Tags: US Domestic Terrorism

Bruce Pierce, a member of the white supremacist guerrilla group The Order (see Late September 1983), is arrested in Yakima, Washington, for passing counterfeit $50 bills at a local mall. Pierce obtained his counterfeit bills from an operation coordinated with the Aryan Nations in western Idaho. Pierce is interviewed by a Secret Service agent, but refuses to give him any real information. Order leader Robert Jay Mathews (see Late September 1983), worried that Pierce might talk to police or another prisoner, tries to finance Pierce’s bail by robbing a bank north of Seattle. Mathews escapes with over $26,000, but most of the money is ruined when an exploding dye pack stains the bills. Pierce eventually posts a $250 bond and is released. [HistoryLink, 12/6/2006] Pierce will later murder Denver radio host Alan Berg (see June 18, 1984 and After).

Entity Tags: Robert Jay Mathews, Alan Berg, Aryan Nations, Bruce Carroll Pierce, The Order

Timeline Tags: US Domestic Terrorism

The white supremacist group The Order (see Late September 1983) carries out its second armed robbery (see October 28, 1983). Its members rob the guard of an armored truck and escape with over $43,000. [HistoryLink, 12/6/2006]

Entity Tags: The Order

Timeline Tags: US Domestic Terrorism

Bruce Pierce, a member of the secretive white supremacist organization The Order (see Late September 1983), pleads guilty to passing counterfeit currency (see December 3-23, 1983). He believes he will receive a light sentence as this is his first criminal offense, but because he shows no remorse for his actions and refuses to divulge information about his connections to the Aryan Nations, he is sentenced to two years in federal prison. Instead of reporting to prison, Pierce holes up with Order leader Robert Jay Mathews and becomes a federal fugitive. [HistoryLink, 12/6/2006] Pierce will later murder Denver radio host Alan Berg (see June 18, 1984 and After).

Entity Tags: The Order, Aryan Nations, Robert Jay Mathews, Bruce Carroll Pierce

Timeline Tags: US Domestic Terrorism

Robert Jay Mathews, the leader of the violent white supremacist group The Order (see Late September 1983), journeys to Seattle, Washington, with six of his followers to rob a second armored car (see March 16, 1984). Mathews has new recruit Gary Lee Yarborough manufacture small bombs to be used as diversions. On April 19, Yarborough sets off a bomb in an adult theater near the mall where the truck will be; on April 23, Mathews calls in another bomb threat to divert police. The same day, the group successfully robs the armored truck, securing $536,000, though over $300,000 of this money is in checks, which the group destroys. Mathews and another colleague go to Missoula, Montana, where they buy firearms, ammunition, other weapons, and a state-of-the-art computer to give The Order access to the Internet. [HistoryLink, 12/6/2006]

Entity Tags: Gary Lee Yarborough, Robert Jay Mathews, The Order

Timeline Tags: US Domestic Terrorism

Two members of the white supremacist group The Order (see Late September 1983), Bruce Pierce and Richard Kemp, bomb the Congregation Ahavath Israel Synagogue in Boise, Idaho. They use the first bomb Pierce has assembled, and it does little damage. Order leader Robert Jay Mathews is angry over the bombing, not because he disapproves, but because he feels the bomb should have destroyed the building. [HistoryLink, 12/6/2006] Pierce will later murder Denver radio host Alan Berg (see June 18, 1984 and After).

Entity Tags: Congregation Ahavath Israel Synagogue, Alan Berg, Bruce Carroll Pierce, Robert Jay Mathews, The Order, Richard Harold Kemp

Timeline Tags: US Domestic Terrorism

Robert Jay Mathews, the founder and leader of the secretive white-supremacist group The Order (see Late September 1983), has decided the group should murder Denver radio host Alan Berg. Berg, a Jewish liberal with a confrontational style, has frequently sparred with white supremacists and neo-Nazis on the air, and for this reason Mathews has decided he must die. Mathews sends Order member Jean Margaret Craig to Denver to observe Berg’s movements and determine if he is a viable target. Mathews decides that the “hit” on Berg will take place in June. [HistoryLink, 12/6/2006] Mathews and three Order members will kill Berg a month later (see June 18, 1984 and After).

Entity Tags: Jean Margaret Craig, Robert Jay Mathews, The Order, Alan Berg

Timeline Tags: US Domestic Terrorism

Four members of the secretive white supremacist group The Order (see Late September 1983), Randolph Duey, Richard Kemp, and new recruits David Charles Tate and James Dye, murder an Aryan Nations member, Walter Edwards West. Order founder Robert Jay Mathews ordered West’s murder after learning that West had been getting drunk in bars around Hayden Lake, Idaho—the location of the Aryan Nations’ compound—and bragging about The Order’s recent exploits (see April 19-23, 1984 and April 29, 1984). Duey and Kemp kidnap West from his home and drive him into the woods, where the four kill him with hammer blows to the head and a rifle shot to the face. They then dump his body into a previously prepared grave. [HistoryLink, 12/6/2006]

Entity Tags: David Charles Tate, Aryan Nations, James Dye, Randolph George Duey, The Order, Richard Harold Kemp, Robert Jay Mathews, Walter Edwards West

Timeline Tags: US Domestic Terrorism

Alan Berg.Alan Berg. [Source: Denver Post]Alan Berg, a Jewish, progressive talk show host for Denver’s KOA 850 AM Radio, is gunned down in his driveway as he is stepping out of his car. The murder is carried out by members of the violent white-supremacist group The Order (see Late September 1983), a splinter group of the Aryan Nations white nationalist movement. Berg, who was described as often harsh and abrasive, regularly confronted right-wing and militia members on his show. Federal investigators learn that The Order’s “hit list” includes Berg, television producer Norman Lear, a Kansas federal judge, and Morris Dees, a civil rights lawyer and co-founder of the Southern Poverty Law Center (SPLC). Radio producer Anath White later says that some of Berg’s last shows were particularly rancorous, involving confrontational exchanges with anti-Semitic members of the Christian Identity movement (see 1960s and After). “That got him on the list and got him moved up the list to be assassinated,” White will say. [HistoryLink, 12/6/2006; Rocky Mountain News, 5/1/2007; Denver Post, 6/18/2009]
Preparing for the Murder - Order leader Robert Jay Mathews had already sent a colleague to Denver to determine if Berg was a viable target (see May 17, 1984). The four members of the assassination team—Mathews, Bruce Pierce, David Lane, and Richard Scutari—assemble at a local Motel 6 to review their plans. Pierce, the assassin, has brought a .45 caliber Ingram MAC-10 submachine gun for the job. All four men begin to surveill Berg’s townhouse.
Gunned Down - At 9:21 p.m., Berg drives his Volkswagen Beetle into his driveway. Lane, the driver, pulls up behind him. Mathews leaps out of the car and opens the rear door for Pierce, who jumps out and runs up the driveway. Berg exits his vehicle with a bag of groceries. Pierce immediately opens fire with his submachine gun, pumping either 12 or 13 bullets into Berg’s face and body before the gun jams. (Sources claim both figures of bullet wounds in Berg as accurate.) Pierce and Mathews get back into their car, rush back to the Motel 6, gather their belongings, and leave town. Three of the four members of the “hit squad” will soon be apprehended, charged, and convicted. Pierce is sentenced to 252 years in prison, including time for non-related robberies, and will die in prison in 2010; Lane is given 150 years, and will die in prison in 2007. Neither man is prosecuted for murder, as the evidence will be determined to be inconclusive; rather, they will be charged with violating Berg’s civil rights. Scutari, accused of serving as a lookout for Pierce, and Jean Craig, accused of collecting information on Berg for the murder, will both be acquitted of culpability in the case, but will be convicted of other unrelated crimes. Mathews will not be charged due to lack of evidence of his participation; months later, he will die in a confrontation with law enforcement officials (see December 8, 1984). [Rocky Mountain News, 5/1/2007; Denver Post, 6/18/2009; Denver Post, 8/17/2010] In sentencing Pierce to prison, Judge Richard Matsch will say of the murder, “The man [Berg] was killed for who he was, what he believed in, and what he said and did, and that crime strikes at the very core of the Constitution.” [Denver Post, 8/17/2010]
Re-Enacting a Fictional Murder? - Some will come to believe that the assassins may have attempted to re-enact the fictional murder of a Jewish talk-show host depicted in The Turner Diaries (see 1978). [Rocky Mountain News, 5/1/2007; The Moderate Voice, 11/30/2007]
'Opening Shot ... of a Truly Revolutionary Radical Right' - Mark Potok of the SPLC will characterize Berg’s murder as an early event leading to the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). “In a sense, it was one of the opening shots of a truly revolutionary radical right,” Potok will say, “perfectly willing to countenance the mass murder of American civilians for their cause.” [Denver Post, 6/18/2009] Berg’s ex-wife, Judith Berg, will travel around the country in the years after her ex-husband’s murder, speaking about what she calls the “disease and anatomy of hate,” a sickness that can infect people so strongly that they commit horrible crimes. In 2007, she will tell a reporter that Berg’s murder was a watershed event that inspired more hate-movement violence. “What happened to Alan in the grown-up world has reached into the youth culture,” she will say. “It opened the door to an acceptance of violence as a means of acting on hate.… While our backs are turned toward overseas, hate groups are having a heyday. People are very unhappy; they’re out of work and jobs are scarce. They’re ripe for joining extremist groups. We need to understand what happened to make sure it doesn’t happen again.” [Rocky Mountain News, 5/1/2007] White later says of Pierce, Lane, and their fellows: “It’s left me to wonder what makes somebody like this. I think these people didn’t have much opportunity in their lives and scapegoat. They blame others for not making it.” [Denver Post, 8/17/2010]

Entity Tags: Norman Lear, Robert Jay Mathews, Richard Scutari, Morris Dees, Richard P. Matsch, Mark Potok, Jean Margaret Craig, Judith Berg, Alan Berg, Anath White, Aryan Nations, Bruce Carroll Pierce, David Edan Lane, KOA 850 AM Radio, The Order

Timeline Tags: US Domestic Terrorism

David Lane, a member of the secretive white supremacist group The Order (see Late September 1983) and one of the group members responsible for murdering Denver radio host Alan Berg (see June 18, 1984 and After), gives $30,000 in counterfeit bills (see December 3-23, 1983) to Thomas Martinez in Philadelphia. Martinez is not a member of The Order, but has reluctantly agreed to pass on the bills on the group’s behalf. Martinez ignores Lane’s advice to pass on the bills in New Jersey and not his own neighborhood, and passes over $1,500 in neighborhood stores. On June 28, he is arrested after a liquor store owner alerts authorities about the fake bills. Martinez is questioned by the Secret Service, but though he is fully aware of The Order’s array of crimes, tells his questioners nothing. He telephones Order leader Robert Jay Mathews, asking that he give him $1,600 for an attorney. Mathews tells Martinez to be patient, that the group is planning another robbery (see March 16, 1984 and April 19-23, 1984), and he will then send him the money. [HistoryLink, 12/6/2006]

Entity Tags: David Edan Lane, Alan Berg, Robert Jay Mathews, US Secret Service, Thomas Martinez, The Order

Timeline Tags: US Domestic Terrorism

Robert Jay Mathews, the head of the secretive white supremacist group The Order (see Late September 1983), has the group pull a third armored car robbery (see March 16, 1984 and April 19-23, 1984). Mathews has a contact in San Francisco, Charles Ostrout, a supervisor at the Brink’s Armored Car Service depot in that city. In 1982, Ostrout visited Mathews’s White American Bastion (see 1980-1982), complaining that minorities were getting all the jobs and promotions at his company. Mathews and Ostrout decided that the Brink’s run to Eureka, California, at a location north of Ukiah, is the best target. Mathews and six Order colleagues stop the Brink’s armored truck on Highway 101 and rob the guards of over $3.6 million. During the robbery, Mathews loses a 9mm Smith and Wesson pistol registered to one of his fellow robbers, Andrew Barnhill; the gun will give the FBI its first solid lead in the string of robberies, and the FBI will quickly learn of the group’s existence and of Mathews’s identity as its leader. The seven escape and, driving several cars, go to Boise, Idaho, where they split the money between them. [HistoryLink, 12/6/2006]

Entity Tags: Federal Bureau of Investigation, Andrew Barnhill, Charles Ostrout, Robert Jay Mathews, Brink’s, The Order, White American Bastion

Timeline Tags: US Domestic Terrorism

The members of the secretive white supremacist group The Order (see Late September 1983) discover that the FBI has learned of their group’s existence and has compiled a list of many of its members, including leader Robert Jay Mathews. The FBI is investigating the group for a string of armored car robberies (see March 16, 1984, April 19-23, 1984, and July 19, 1984). The group abandons plans for a fourth robbery and splits up. Mathews and other members move from one cheap hotel and “safe house” to another, while others roam the Northwest in campers and travel trailers. The FBI observes one Order member, Gary Yarborough, moving to a remote mountain cabin near Samules, Idaho. Mathews asks an associate, Ardie McBrearty (see 1974), to establish a telephone message center where group members can leave and receive messages. [HistoryLink, 12/6/2006]

Entity Tags: Gary Lee Yarborough, Robert Jay Mathews, Ardie McBrearty, The Order, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

Thomas Martinez, an associate of the secretive white supremacist group The Order (see Late September 1983) who is facing charges of passing counterfeit bills on the group’s behalf (see June 24-28, 1984), decides to become an FBI informant. Martinez’s lawyer has told him that the FBI knows of his links to the group, and he could face charges as a co-conspirator in any future prosecutions. To hopefully avoid any such charges, Martinez gives detailed information on The Order and his knowledge of its crimes. He also agrees to collect more information about the group’s activities (see August 1984 and After). [HistoryLink, 12/6/2006]

Entity Tags: Federal Bureau of Investigation, Thomas Martinez, The Order

Timeline Tags: US Domestic Terrorism

Three FBI agents in a green US Forest Service truck drive onto the wooded Idaho property of Gary Yarborough, a member of the white supremacist group The Order (see August 1984 and After). They are met with gunfire and retreat. They return in the evening with a search warrant. Yarborough has fled into the woods (and will escape to join leader Robert Jay Mathews), but in his cabin the agents find a large collection of evidence of The Order’s crimes, including documents, explosives, gas grenades, cases of ammunition, pistols, shotguns, rifles, two Ingram MAC-10 submachine guns with silencers, gas masks, knives, crossbows, assault vests, radio frequency scanners, and other equipment. Among the cache of weapons is the MAC-10 used to kill Denver radio host Alan Berg (see June 18, 1984 and After). Based on the evidence found in Yarborough’s cabin, the FBI decides to begin arresting members of The Order. [HistoryLink, 12/6/2006]

Entity Tags: Robert Jay Mathews, Alan Berg, Gary Lee Yarborough, The Order, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

Gary Lee Yarborough.Gary Lee Yarborough. [Source: Eye on Hate (.com)]Robert Jay Mathews, the leader of the white supremacist group The Order (see August 1984 and After), Order member Gary Yarborough (see October 18, 1984), and a number of their fellow members have rented five houses in small rural communities near Mount Hood, east of Portland, Oregon, in which to hide from the FBI (see August 1984 and After). George Duey and several Order members moved on to the Puget Sound region, where they rented three secluded vacation homes on Smuggler’s Cove near Greenbank on Whidbey Island. On November 23, Mathews contacts Order associate Thomas Martinez and asks him to fly to Portland for a brief meeting. Mathews is unaware that Martinez is now an FBI informant (see October 1, 1984). Mathews and Yarborough meet Martinez at the Capri Hotel in Portland. The FBI had planned on following Mathews back to his new safe house after the meeting, but when they see Yarborough, the agents on site change the plan. The morning of November 24, the agents surround the hotel, waiting for the two fugitives to leave. Mathews leaves his room, spots the surveillance, shouts a warning to Yarborough, and flees across the parking lot. Mathews and an FBI agent exchange gunfire; the agent is wounded in the leg and Mathews suffers a minor wound to his right hand. Mathews manages to escape on foot. Yarborough attempts to flee through the bathroom window at the end of the building, but falls into a tangle of bushes and is captured. The agents secure Mathews’s car, which contains a number of weapons (including a silenced MAC-10 submachine gun and a hand grenade), $30,000 in cash from a recent Order robbery (see July 19, 1984), and documents, including rental agreements for the Mount Hood homes and a book of encoded names and phone numbers. Mathews hitches rides to his Mount Hood hideout, telling anyone who asks that he hurt his hand while working on his car. He tells his followers to leave the Mount Hood homes and flee to Whidbey Island. It is at a Whidbey Island house that Mathews will be killed during a standoff with the FBI (see December 8, 1984). [HistoryLink, 12/6/2006]

Entity Tags: Robert Jay Mathews, Federal Bureau of Investigation, Gary Lee Yarborough, Randolph George Duey, Thomas Martinez, The Order

Timeline Tags: US Domestic Terrorism

Robert Jay Mathews, the leader of the white supremacist group The Order (see August 1984 and After) and a fugitive from justice, pens a four-page “Declaration of War” while recuperating from a minor gunshot wound (see November 23-24, 1984). The letter accuses the FBI of trying to force him to leave his job as an electrician in Metaline Falls, Washington (see 1980-1982), and blames the FBI’s interest in him on his “involvement in the Tax Rebellion Movement from the time I was 15 to 20 years old” (see 1973). Mathews writes of his “thorough disgust… with the American people,” whom he says have “devolved into some of the most cowardly, sheepish, degenerates that have ever littered the face of this planet.” He writes that once he realized “White men” or “Aryans” are the only proper leaders and inhabitants of the US, he determined to take action to “cleanse” the nation of “Mexicans, mulattoes, blacks, and Asians.” Mathews writes of his belief that “a small, cohesive alien group within this nation” with “an iron grip on both major political parties, on Congress, on the media, on the publishing houses, and on most of the major Christian denominations in this nation” are working to ensure that whites become an oppressed and subservient minority in America. Now, he says, the US government “seems determined to force the issue, so we have no choice left but to stand and fight back. Hail Victory!” Mathews denies that his colleague Gary Yarborough fired at FBI agents during those agents’ attempts to secure evidence at Yarborough’s mountain cabin (see October 18, 1984), falsely claims that during the incident, FBI agents “used Gary’s wife as a shield and a hostage and went into the house,” and claims that Yarborough chose not to kill a number of agents, but instead to flee without further violence. He claims that the FBI attempted to “ambush” him at a Portland motel (see November 23-24, 1984), and that FBI agents accidentally gunned down the motel manager in an attempt to shoot Mathews in the back. He also claims that he could have easily killed the FBI agent he shot at the motel, but chose to spare his life, shooting him in the leg instead. Mathews further asserts that FBI agents threatened his two-year-old son and his 63-year-old mother in their attempts to locate him. He declares that he is not going into hiding, but instead “will press the FBI and let them know what it is like to become the hunted.” He writes that he may well die soon, and concludes: “I will leave knowing that I have made the ultimate sacrifice to ensure the future of my children. As always, for blood, soil, honor, for faith, and for race.” The letter “declares war” against the “Zionist Occupation Government of North America,” and calls for the murder of politicians, judges, and any other authority figures who interfere with The Order’s attempt to overthrow the government and exterminate other races. It concludes, “Let the battle begin.” [Robert Jay Mathews, 12/1984; HistoryLink, 12/6/2006]

Entity Tags: Gary Lee Yarborough, Federal Bureau of Investigation, The Order, Robert Jay Mathews

Timeline Tags: US Domestic Terrorism

Robert Jay Mathews.Robert Jay Mathews. [Source: Wikimedia]Robert Jay Mathews, the leader of the neo-Nazi, white supremacist group The Order (see Late September 1983 and June 18, 1984 and After), is killed during a standoff with federal authorities at a rented vacation home near Smugger’s Cove on Whidbey Island, Washington State. Mathews has been on the run after escaping from federal custody in November 1984 and in the process wounding an FBI agent in the leg (see November 23-24, 1984). On December 3, the FBI’s Seattle office received an anonymous tip that Mathews and other Order members were hiding in three hideouts on Whidbey Island, and were heavily armed. The FBI dispatched 150 agents to the island to ensure none of the members escaped. By December 7, the FBI had all three hideouts located and surrounded. Four members of the group surrender without incident, but Mathews refuses, instead firing repeatedly at agents from inside the Smuggler’s Cove house. After 35 hours of fruitless negotiations, agents fire three M-79 Starburst illumination flares into the home, hoping that the house will catch fire and drive Mathews out. Instead, Mathews either chooses to remain inside the house, or is unable to leave. He dies in the flames. The FBI recovers his charred body the next morning. News reports about the siege are the first many Americans hear of The Order and its war against what it calls the “ZOG,” or Zionist Occupation Government, which Mathews and others characterize as a “Jewish cabal” running the US government. [HistoryLink, 12/6/2006] In 2003, researcher Harvey Kushner will write of Mathews, “For many on the racist right, he died a martyr.” [Kushner, 2003, pp. 223]

Entity Tags: Harvey Kushner, Federal Bureau of Investigation, Robert Jay Mathews, The Order

Timeline Tags: US Domestic Terrorism

After the death of Robert Jay Mathews, the founder and leader of the white supremacist group The Order (see December 8, 1984), federal authorities decide to “roll up” the group. Federal prosecutors from six states meet secretly in Seattle and decide to use the Racketeer Influenced and Corrupt Organizations Act (RICO) against Order members. Under RICO statutes, all defendants are considered co-conspirators and are jointly responsible for all the crimes committed by the group (see October 28, 1983, December 3-23, 1983, March 16, 1984, April 19-23, 1984, April 29, 1984, May 27, 1984, June 18, 1984 and After, June 24-28, 1984, July 19, 1984, and November 23-24, 1984). The RICO Act also allows the government to seize and forfeit all property and assets used by the criminal organization to further its goals. Between December 1984 and March 1985, the Justice Department builds a massive conspiracy case against The Order. On April 15, 1985, a grand jury in Washington State returns a 20-count indictment against 23 members of The Order with racketeering, conspiracy, and 67 separate offenses. By this time, 17 members of The Order are in custody; by the month’s end, all but one member, Richard Scutari (see March 19, 1986), are in custody. [HistoryLink, 12/6/2006]

Entity Tags: Racketeer Influenced and Corrupt Organizations Act, Federal Bureau of Investigation, Richard Scutari, Robert Jay Mathews, US Department of Justice, The Order

Timeline Tags: US Domestic Terrorism

William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), purchases a large farm near Mill Point, West Virginia, for $95,000. Some will suggest that the money Pierce uses to buy the farm comes from armed robberies carried out by The Order (see Late September 1983), but those suggestions will remain unproven. Pierce and his followers will transform the farm into a large, fortified compound that serves as the Alliance’s national headquarters. [Center for New Community, 8/2002 pdf file]

Entity Tags: National Alliance, The Order, William Luther Pierce

Timeline Tags: US Domestic Terrorism

Richard Butler, the head of the white separatist and neo-Nazi organization Aryan Nations (see Early 1970s), is subpoenaed to testify before a grand jury in Seattle, as part of the federal effort to convict members of the violent white separatist group The Order (see Late December 1984 - April 1985). Butler escapes indictment, even though he has strong connections with The Order (see 1980-1982), and after the Order trial, denounces the Order members who testified against their former colleagues. [Southern Poverty Law Center, 2010]

Entity Tags: Aryan Nations, The Order, Richard Girnt Butler

Timeline Tags: US Domestic Terrorism

David Tate, one of two members of the now-defunct white supremacist group The Order to escape the government’s massive prosecution of its members (see Late December 1984 - April 1985), is stopped by two Missouri state troopers conducting random vehicle and license checks. He is trying to flee to a Christian Identity (see 1960s and After) survivalist compound called the Covenant, the Sword, and the Arm of the Lord (CSA). Tate opens fire on the two officers with a MAC-10 submachine gun, killing one and critically wounding the other. He is captured five days later hiding in a city park in Arkansas. He will be convicted of assault and murder, and sentenced to life without parole. Federal authorities will use the Tate incident to arrest the CSA leadership (see 1983); the organization will soon fold. [Anti-Defamation League, 2005; HistoryLink, 12/6/2006]

Entity Tags: David Charles Tate, The Order

Timeline Tags: US Domestic Terrorism

The trial of 21 members of the white supremacist group The Order begins in a US district court in western Washington State (see Late December 1984 - April 1985). The trial judge is Walter T. McGovern. Eleven of the defendants decide to plead guilty and several agree to serve as government witnesses. The trial lasts into December 1985; 338 witnesses testify, and over 1,500 exhibits are presented. The defense attempts to discredit the Order members who turn state’s evidence, accusing them of creating a “self-serving fabric of lies,” and the prosecution of “trial by gossip.” Jurors will later tell news reporters that the most compelling evidence in the trial comes from the former Order members. The jury, composed of eight white women and four white men, deliberates for two weeks before issuing its verdict on December 30. All 10 defendants are found guilty of racketeering and conspiracy. Six are found guilty of other federal crimes. Judge McGovern will hand down stern sentences, ranging from 40 to 100 years in federal detention. [HistoryLink, 12/6/2006] Many of those convicted will remain unrepentant during their prison stays, and are viewed by radical right-wing extremists as “prisoners of war” and “heroes.” [Eye on Hate, 2003] Two other Order members, David Tate (see April 15, 1985) and Richard Scutari (see March 19, 1986), escape the Washington prosecution.

Entity Tags: Richard Scutari, David Charles Tate, The Order, Walter T. McGovern

Timeline Tags: US Domestic Terrorism

Aryan Nations (see Early 1970s) security chief Elden “Bud” Cutler is arrested in Coeur d’Alene, Idaho, for trying to hire a hit man to kill an FBI informant in an investigation into the organization known as The Order (see Late December 1984 - April 1985). [Southern Poverty Law Center, 2010]

Entity Tags: Aryan Nations, Elden (“Bud”) Cutler, The Order

Timeline Tags: US Domestic Terrorism

Richard Scutari.Richard Scutari. [Source: Richard Scutari / Eye on Hate (.com)]Richard Scutari, one of two members of the now-defunct white supremacist group The Order to escape the government’s massive prosecution of the group’s members (see Late December 1984 - April 1985), is arrested without incident at a brake shop in San Antonio, Texas, where he has worked for months; he is carrying a .45 caliber pistol but does not use it. Scutari has been on the FBI’s Most Wanted List since September 1985. He will plead guilty to racketeering, conspiracy, and armed robbery charges, and will be sentenced to 60 years in federal prison. During his trial, he will tell the court, “I had no choice but to strike out against a satanic government.” Scutari will become a hero of the radical right while in prison, some of whom will call him a “prisoner of war.” [Eye on Hate, 2003; HistoryLink, 12/6/2006]

Entity Tags: The Order, Richard Scutari

Timeline Tags: US Domestic Terrorism

The “Aryan Republican Army” (ARA) commits at least 22 bank robberies across America’s Midwest. The ARA is modeled after the violent white supremacist organization The Order (see Late September 1983), which had funded itself primarily through robbing armored trucks. For a time, the group’s headquarters is in Elohim City, Oklahoma (see 1973 and After). The ARA’s leaders claim to be dedicated to the “overthrow of the US government, the extermination of American Jews, and the establishment of an Aryan Republic” on the North American continent. Members are required to read the infamous Turner Diaries (see 1978), a novel depicting the overthrow of the US government by white separatists and the genocide of minorities. The robberies in all secure between $250,000 and $500,000 for the group.
Robbery Spree - During the height of their robbery spree, ARA members target a bank about once a month, hitting banks and financial institutions in Iowa, Wisconsin, Missouri, Ohio, Nebraska, Kansas, and Kentucky. Sometimes the robbers dress like construction workers and flee in junk cars bought specifically for the escape. Sometimes they leave fake bombs and smoke grenades to delay pursuit; sometimes they speak in foreign languages to confuse authorities. In a December 1994 heist, one robber wears a Santa Claus suit, shouts “Ho, ho, ho!” to customers, and leaves a bomb tucked in a Santa hat. During a March 1995 robbery, the robbers leave a pipe bomb in an Easter basket. On one occasion the robbers leave a copy of the Declaration of Independence in the ashtray of an abandoned getaway car. Sometimes they wear caps or bandannas bearing the logos of the FBI or the Bureau of Alcohol, Tobacco, and Firearms (BATF). On another occasion the robbers buy a getaway car, a Ford Fairlane, in the name of a retired FBI agent who had worked white supremacist cases in the Northwest; on the front seat of this car they leave an article about Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). When FBI agent Jim Nelson takes his speculations about the ARA public, group members send letters to several Midwestern newspapers mocking him and calling themselves the “Mid-Western Bank Bandits.”
Arrests and Convictions - By late 1995, federal and state authorities will arrest most ARA members; ARA leader Peter Kevin Langan will be convicted on multiple charges of bank robbery, and another ARA leader, Richard Guthrie, will commit suicide in prison after cooperating with authorities. Michael William Brescia and Kevin William McCarthy also cooperate with authorities in return for reduced sentences. Others convicted include Mark William Thomas and Scott Stedeford.
Promotional Video Gives Principles - In a two-hour promotional video made in January 1995 and called “The Armed Struggle Underground,” Langan, calling himself “Commander Pedro,” appears in a ski mask alongside others in fatigues brandishing weapons and fistfuls of cash. In the video, Langan says: “Our basic goal is to set up an Aryan republic.… Don’t mistake us for cultists. We, ladies and gentlemen, are your neighbors.” Langan also says the ARA supports “ethnic cleansing” similar to what the Serbians are carrying out in Kosovo. Another ARA member tells viewers that ARA intends to declare war on the American government and promises a “courthouse massacre.” In the video, ARA members state their principles: all racial minorities are subhuman, Jews are “Satan’s spawn,” whites of northern European descent are “chosen people,” and a United Nations-led “New World Order” (see September 11, 1990) threatens freedom in the United States. [Philadelphia Inquirer, 2/4/1997; Anti-Defamation League, 8/9/2002; Nicole Nichols, 2003; Nicole Nichols, 2003; New American, 11/28/2005]
Oklahoma City Bomber a Member - In 2001, the FBI will state that McVeigh was an ARA member. It is possible that money “laundered” by him shortly before the bombing (see November 1994) came from an ARA bank robbery. [Nicole Nichols, 2003]

Entity Tags: Michael William Brescia, Elohim City, Aryan Republican Army, Jim Nelson, Mark William Thomas, The Order, Scott Stedeford, Kevin William McCarthy, Richard Guthrie, Peter Kevin Langan, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

“Racial Loyalty,” the monthly newsletter published by the racist Church of the Creator (COTC—see 1973 and 1982-1983), reprints an essay by David Lane on “the Christian Right-wing American Patriots, C.R.A.P. (since that is what they do to [sic] the future of all White children).” Lane is a member of the far-right terrorist group The Order (see Late September 1983) and is serving a 40-year racketeering sentence, as well as a 150-year term for civil rights violation in connection with the 1984 murder of radio talk show host Alan Berg (see June 18, 1984 and After). Many far-right organizations who espouse their own versions of Christianity (see 1960s and After), including the Ku Klux Klan, oppose the COTC’s rejection of Christianity. [Anti-Defamation League, 1993]

Entity Tags: World Church of the Creator, Ku Klux Klan, David Edan Lane, The Order

Timeline Tags: US Domestic Terrorism

Canada grants Monsanto patent no. 1313830 for glyphosate-resistant plant genes and cells. The patent grants the company the exclusive right, privilege, and liberty of making, constructing, using, and selling the invention in Canada until the patent’s expiration on February 23, 2010. [Canadian Patents Database, 2/23/1993; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 3 pdf file] Though Canada’s Plant Breeders’ Rights Act protects the intellectual property rights of seed developers, Monsanto felt a patent would provide more protection since it would deny farmers the right to save and re-use seeds containing the company’s patented genes and cells. [Federal Court of Canada, 6/22/2000, pp. 43 pdf file]

Entity Tags: Monsanto

Timeline Tags: Seeds

Percy Schmeiser, a farmer in Bruno, Saskatchewan, grows his crop of Argentine canola from seed saved the previous year. His crop is generally free of weeds and diseases common to canola and he claims higher-than-average yields. According to Schmeiser, he is able to grow his crops back-to-back in the same fields—a practice which typically results in diseased crops—because of his superior farming practices. The advantage of growing crops back-to-back in the same fields, according to Schmeiser, is that plants are able to utilize the benefits of the previous year’s fertilizer which allows the farmer to use less. Schmeiser also prefers to time the tilling of his fields in such a way that reduces the possibility of introducing diseased plant matter into the soil. Schmeiser uses Roundup, a broad-spectrum herbicide that is sprayed on the foliage of weeds, to clear his fields of vegetation for fallowing and before spring planting. He also uses the herbicide to kill of vegetation growing in roadside ditches and around telephone poles. To control any weeds growing among his crops he prefers a product that can be incorporated into the soil, or one that kills weeds as they germinate. He avoids using post-emergent herbicides that treat weeds after they have grown, since this weed control strategy allows the weeds to grow and thus consume much of the fertilizer and soil moisture that otherwise would be available for the crop. [Star Phoenix (Saskatoon), 6/14/2000; Federal Court of Canada, 6/22/2000, pp. 2-3 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 14-15 pdf file]

Entity Tags: Percy Schmeiser

Timeline Tags: Seeds

The logo of ‘The Spotlight’ magazine.The logo of ‘The Spotlight’ magazine. [Source: Liberty Lobby (.org)]Future Oklahoma City bomber Timothy McVeigh (see November 1991 - Summer 1992 and 8:35 a.m. - 9:02 a.m. April 19, 1995) obtains a telephone debit card sold under the auspices of the racist, separatist magazine The Spotlight. The card is issued under the name “Darrell Bridges” (or perhaps “Daryl”). McVeigh will later use this card to place telephone calls to alleged co-conspirator Terry Nichols (see March 24, 1988 - Late 1990, December 22 or 23, 1988, and October 12, 1993 - January 1994) in the final days before the bombing (see April 13, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). McVeigh will “recharge” the card by sending money orders to The Spotlight. [Stickney, 1996, pp. 160; PBS Frontline, 1/22/1996] Author Brandon M. Stickney will later place the time of the card purchase in the “early months of 1994,” not in August, as other sources claim. [Stickney, 1996, pp. 160]

Entity Tags: Terry Lynn Nichols, Timothy James McVeigh, Brandon M. Stickney

Timeline Tags: US Domestic Terrorism

Monsanto obtains Canadian regulatory approval for the unconfined release of its patented Roundup Ready gene (see February 23, 1993) into the environment. [Federal Court of Canada, 6/22/2000 pdf file]

Entity Tags: Monsanto

Timeline Tags: Seeds

Terry Nichols, who with his friend Timothy McVeigh is finalizing plans to bomb a federal building in Oklahoma City (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995), considers backing out of the bombing plan entirely. He makes it clear to McVeigh that he does not want to be involved on the day of the bombing. Nichols obtains fake identification to help in avoiding the authorities after the bombing. He and McVeigh decide to detonate the bomb on April 19, the second anniversary of the Branch Davidian debacle in Texas (see April 19, 1993 and April 19, 1993 and After). [Douglas O. Linder, 2001] Two inmates, David Hammer and Jeffrey Paul, who spend time on death row with McVeigh after his conviction (see June 2, 1997), will write in a 2004 book Secrets Worth Dying For that McVeigh solicits and receives assistance from residents of the white supremacist community Elohim City (see November 1994, (April 1) - April 18, 1995, and April 5, 1995). McVeigh, the two will write, wants to be considered the mastermind of the plot, and his future statements will downplay the role of Nichols and others in the bombing. After his arrest, McVeigh will take a polygraph test that shows he is truthful in discussing his own role in the bombing, but “evasive” about the roles others may play. Hammer and Paul will contend that four Elohim City residents with ties to the Aryan Republican Army (see 1992 - 1995, October 12, 1993 - January 1994, and November 1994) meet several times with McVeigh in March and April 1995 in the Arizona desert, where, the authors will claim, “they conducted ‘dry runs’ of the ‘planting the bomb and getting away.’” Hammer and Paul will also write that McVeigh informs them he consults with a man named “Poindexter,” an apparent bomb expert who advises McVeigh on bomb assembly. [Douglas O. Linder, 2006]

Entity Tags: David Hammer, “Poindexter”, Aryan Republican Army, Elohim City, Jeffrey Paul, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

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

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

Entity Tags: Terry Lynn Nichols, Debbie Calhoun, David L. Russell, Scott Crabtree, Thomas A. Price, Timothy James McVeigh, Dale Kuhn, Ronald G. Woods, David J. Phillips, Daniel L. Jablonski, Randy Izydorek, Stephen E. Smith, Nicole Nichols, Howard Shapiro, Randall K. Rathbun, Federal Bureau of Investigation, James Nichols, Joshua Nichols, John F. Foley, Michigan Militia, Lana Padilla, Michael Joseph Fortier, Marife Torres Nichols, Murrah Federal Building

Timeline Tags: US Domestic Terrorism

The FBI says that evidence compiled on the Oklahoma City bombing shows that it was planned for months by accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995) and a small number of co-conspirators. The statement by the FBI echoes statements made earlier by Attorney General Janet Reno (see April 22, 1995). Evidence shows that McVeigh was driven in part by his rage at the government’s handling of the Branch Davidian standoff two years earlier (see April 19, 1993). McVeigh has refused to cooperate with investigators, and reportedly has shown no remorse or emotion of any kind, even when confronted with photographs of dead and maimed children being taken from the devasted Murrah Federal Building. The attack was timed to coincide with the Branch Davidian conflagration of April 19, 1993, investigators say, and was executed after months of planning, preparation, and testing. Some investigators believe that McVeigh may lack the leadership skills to plan and execute such a plot, and theorize that the ringleader of the conspiracy may turn out to be someone else (see April 21, 1995 and After). Evidence collected from the Ryder truck, particularly shards of blue plastic from barrels containing the fertilizer and fuel oil that comprised most of the bomb’s elements, point to the involvement of Terry Nichols, a friend of McVeigh’s who is coming under increasing scrutiny as a possible co-conspirator (see 3:15 p.m. and After, April 21-22, 1995). Similar barrels were found in Nichols’s garage in his Herington, Kansas, home (see (February 20, 1995)), along with other evidence tying him to the bomb’s construction.
Investigating Possible Involvement of Sister - Investigators are in the process of searching the home of McVeigh’s younger sister Jennifer, who has returned from a vacation in Pensacola, Florida (see April 7, 1995 and April 21-23, 1995). They are also poring over Jennifer McVeigh’s 1995 Chevrolet pickup truck, registered in New York. Investigators say the two siblings are very close, share similar anti-government views (see March 9, 1995), and have had numerous conversations in recent months (see Mid-December 1994). Jennifer McVeigh is taken into federal custody as well, as a witness, not as a suspect, and is released on April 25, after an intensive interrogation session that leaves her frightened and angry. “They told me Tim was guilty,” she will later recall, “and that he was going to fry.” According to her recollections, the agents threaten to charge her as a co-conspirator unless she gives them evidence against her brother, but she refuses to cooperate. She does reveal some information about her brother’s involvement in gun dealing, his strong belief in the US Constitution as he and right-wing white separatist groups interpret it, and his obsession with the violently racist novel The Turner Diaries (see 1978). “He had people he knew around the country,” she tells agents, mentioning three: “Mike and Lori and Terry.” Terry is Terry Nichols. “Mike and Lori” are McVeigh’s close friends Michael and Lori Fortier (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, April 19, 1995 and After, and December 16, 1994 and After). She tells them about watching anti-government videotapes with her brother, in particular one called “Day 51” about the Waco siege. “It depicted the government raiding the compound, and it implied that the government gassed and burned the people inside intentionally and attacked the people,” she tells the agents. “He was very angry. I think he thought the government murdered the people there, basically gassed and burned them down.” The agents ask if by the government, he meant the FBI and the ATF (Bureau of Alcohol, Tobacco and Firearms, also abbreviated BATF). “He felt that someone should be held accountable,” she answers, and says her brother believed no one ever had been held responsible. She shows them the “ATF Read” letter he had written on her word processor (see November 1994) that concludes with the exhortation, “Die, you spineless cowardice [sic] b_stards!” She says that McVeigh had told her he had moved out of a “planning” stage into an “action” stage, though he never explained to her exactly what “action” he intended to take. Later, she will sign a statement detailing what her brother had told her. She will always insist that he never spoke to her about ammonium nitrate, anhydrous hydrazine, or any of the chemical components of the bomb, and had never spoken to her about the scene in The Turner Diaries that depicts the FBI building in Washington being obliterated by a truck bomb similar to the one used in Oklahoma City. The FBI seizes a number of her belongings, including samples of her antigovernment “patriot” literature. But, they determine, Jennifer McVeigh was never a part of her brother’s conspiracy.
Interviewing Alleged Co-Conspirator's Ex-Wife - Investigators are also interviewing Nichols’s ex-wife, Lana Padilla, who currently lives in Las Vegas. The press speculates that she is cooperating with the investigation and may have been taken to a undisclosed location for security reasons. Investigators are combing through a large body of writings McVeigh left behind, many of which detail his far-right, anti-government ideological beliefs. From what they have read so far, McVeigh believes that his Second Amendment rights are absolute, and he has the right to live without any restraints from the government. They have not found any documents detailing any operational plan for the bombing, nor have they found evidence that McVeigh directly threatened any government buildings or personnel. The FBI is offering a $2 million reward for information about McVeigh and the bombing. [New York Times, 4/24/1995; New York Times, 4/24/1995; Serrano, 1998, pp. 237-238]

Entity Tags: Michael Joseph Fortier, Janet Reno, Federal Bureau of Investigation, Branch Davidians, Jennifer McVeigh, Lori Fortier, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Terry Lynn Nichols, Lana Padilla

Timeline Tags: US Domestic Terrorism

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

Entity Tags: Lana Padilla, David L. Russell, Geary State Fishing Lake And Wildlife Area, Federal Bureau of Investigation, Timothy James McVeigh, Michael E. Tigar, Marife Torres Nichols, Ronald G. Woods, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: US Domestic Terrorism

British National Party logo.British National Party logo. [Source: The Huntsman (.com)]William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), travels to London to address the white nationalist British National Party (BNP). Pierce and BNP leader John Tyndall have a long friendship and alliance. Some 150 neo-Nazis attend the meeting and begin chanting, “Free the Order!” apparently in reference to the members of the violent American white supremacist group The Order (see Late September 1983 and September 9 - December 30, 1985). After this visit, Pierce is officially banned from England. [Center for New Community, 8/2002 pdf file]

Entity Tags: British National Party, William Luther Pierce, National Alliance, John Tyndall

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: US Domestic Terrorism

Monsanto’s “Technology Use Agreement” requires farmers to pay a $12 ($15 CAD) technology fee for every acre they plant with Monsanto’s patented seed. Farmers pay the fee to the store where they purchase the seed. Under the terms of the agreement, farmers must deliver all of their crop to an elevator or crushing plant—they are prohibited from saving and replanting any harvested seed. They therefore must purchase new seed every year. They are also prohibited from making the seed available to other farmers, a practice known as “brown-bagging.” [Washington Post, 2/3/1999; Canadian Business, 10/8/1999] “Monsanto effectively gains a license to control the seed even after the farmer has bought, planted, and harvested it,” notes a 2005 report by the Center for Food Safety. [Center for Food Safety, 2005, pp. 13 pdf file] For thousands of years farmers have been planting the seeds they collected from the previous year’s harvest. Monsanto’s restrictions therefore cause great concern among organizations that deal with global food security since three-quarters of the world’s food producers are subsistence farmers who plant saved seeds. [Washington Post, 2/3/1999] The contract also gives Monsanto the right to come onto a farmer’s land to take plant samples for three years after a farmer has stopped using the company’s seed. Another stipulation in the contract specifies that farmers can only use Monsanto’s Roundup herbicide. This clause virtually guarantees Monsanto a dominant share in the non-selective herbicide market for its Roundup herbicide—which has no patent protection in Canada and whose patent in the US expires in 2000. Though many farmers are reportedly happy with the product, few like the provisions in this contract. [Washington Post, 2/3/1999; Canadian Business, 10/8/1999] “This is part of the agricultural revolution, and any revolution is painful. But the technology is good technology,” says Karen Marshall, a Monsanto spokeswoman. The company says the no-replant policy is necessary in order to recoup the millions of dollars it has spent on research and development. The company claims its genetically modified seeds are increasing farmers’ yields and making it possible for them to use more environmentally-friendly pesticides. [Washington Post, 2/3/1999]

Entity Tags: Karen Marshall, Monsanto

Timeline Tags: Seeds

Elmer Borstmeyer, a farmer who is a licensed Roundup Ready Canola grower, drives his grain truck by four of Percy Schmeiser’s canola fields. He later testifies in court that on one or two of his trips the tarp was loose, and he believes he lost a lot of canola seed. “The tarp acted like a cyclone,” he will recall. “I lost some seed. That’s for sure.” [Star Phoenix (Saskatoon), 6/16/2000; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 50 pdf file]

Entity Tags: Borstmeyer

Timeline Tags: Seeds

According to the 2000 court testimony of Percy Schmeiser’s field hand, Carlyle Moritz, swaths (swaths are the debris left over after a field has been mowed) from a neighbor’s field planted with Monsanto’s Roundup Ready Canola are blown onto one of Schmeiser’s fields. The swaths are subsequently picked up by a combine and deposited into the grain bins on that field. It is later suggested that some of the Roundup Ready Canola later found in Schmeiser’s crop may have grown from seeds carried onto his property in these swaths. [Federal Court of Canada, 6/22/2000, pp. 6 pdf file]

Entity Tags: Carlyle Moritz

Timeline Tags: Seeds

Chevie Kehoe.Chevie Kehoe. [Source: Eye on Hate (.com)]Cheyne Kehoe surrenders to federal authorities and tells them where his fugitive brother, Chevie Kehoe, is hiding. Both men were raised as members of the white separatist, overtly racist “Christian Identity” tradition (see 1960s and After) by their parents; the brothers’ father, a Vietnam veteran who hated the government, gave them their first training with weapons. Chevie Kehoe will later recall his father telling them, “If they’re not white then they don’t have the right to exist.” Chevie Kehoe became fascinated with the story of slain white supremacist Robert Jay Mathews, the founder of The Order (see Late September 1983 and December 8, 1984); he, his brother Cheyne, and a few friends formed a small supremacist group they called the Aryan People’s Republic. The Kehoe brothers became notorious in February 1997 after they had a shootout with Ohio Highway Patrol officers and escaped on foot; the videotape of the shootout became a sensation on the national news circuit. Both the Kehoes were suspected of torturing and murdering Arkansas gun dealer William Mueller, his wife Nancy, and his daughter Sarah, after Chevie Kehoe had robbed him in early 1996. The Kehoes spent some time hiding from authorities at the Oklahoma white supremacist compound of Elohim City (see 1973 and After), where at least one of them had received weapons training and the Kehoe family often lived for periods of time. Cheyne Kehoe is convicted of assault and attempted murder in the Ohio shootout, and receives 24 years in prison; Chevie Kehoe pleads guilty and receives 20 years. Chevie Kehoe and Daniel Lee, a member of the Kehoes’ Aryan People’s Republic, are later indicted for the Arkansas murder and a variety of charges based on their plots to attack federal officials; Kehoe will be sentenced to life in prison and Lee will be sentenced to death. [Anti-Defamation League, 8/9/2002; Nicole Nichols, 2003] Investigations later show that the Kehoe brothers had ties of some nature with Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the Aryan Republican Army (ARA—see 1992 - 1995).

Entity Tags: Elohim City, Aryan Republican Army, Aryan People’s Republic, Chevie Kehoe, Cheyne Kehoe, Daniel Lee, Timothy James McVeigh, Nancy Mueller, William Mueller, Sarah Mueller

Timeline Tags: US Domestic Terrorism

Percy Schmeiser has Roundup sprayed in the ditches and around the telephone poles adjacent to the road that runs along four of his nine canola fields. After the spraying, he notices that roughly 60 percent of the canola plants survived the application. Curious about the possibility that his canola may have developed a resistance to glyphosate, the active ingredient in Roundup, he sprays a trial strip about 100 feet wide in one of the fields that is next to the road. He later says in court that the total area represented a “good three acres.” As a result of the spraying, roughly 40 percent of the canola plants die. The surviving 60 percent are scattered in clumps and are mostly concentrated near the road. [Alberta Report, 9/6/1999; Leader Post (Regina, Saskatchewan), 6/13/2000; Federal Court of Canada, 6/22/2000, pp. 6 pdf file]

Entity Tags: Percy Schmeiser

Timeline Tags: Seeds

Wayne Derbyshire, an investigator with Robinson Investigation Canada Ltd, goes to Percy Schmeiser’s farm to obtain plant samples on behalf of Monsanto. Monsanto has hired Robinson Investigation to obtain the samples because the company believes that Schmeiser planted its patent-protected seeds and that he illegally purchased them from a Monsanto-licensed farmer. Monsanto’s “Technology Use Agreement” (see 1996) prohibits licensed farmers from making patented seeds available to other growers. (Selling seeds under the table in this manner is referred to as “brown-bagging.”) [Washington Post, 5/2/1999; Federal Court of Canada, 6/22/2000, pp. 15-17 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 19 pdf file] One set of samples is taken from a field that later court testimony reveals may not have been Schmeiser’s. The second set of samples is taken from plants owned by Percy Schmeiser that are growing in the ditches and public right-of-way where Schmeiser earlier discovered the presence of Roundup-resistant canola (see Summer 1997). Derbyshire sends the samples to his boss, Mike Robinson, on August 27. [Federal Court of Canada, 6/22/2000, pp. 15-17 pdf file] When Schmeiser later learns of this sampling in 1998, he will accuse Robinson Investigation of trespassing (see March 1998). Farmers are permitted to grow and harvest crops in public right-of-ways, and on this basis, Schmeiser’s lawyer will later argue in court that the crops taken by Derbyshire were in fact property of Schmeiser. [Federal Court of Canada, 6/22/2000, pp. 15-17 pdf file] Philip Angell, Monsanto’s director of corporate communications, disputes Schmeiser’s allegation, telling the Washington Post in 1999 that it is not completely clear whether Derbyshire actually crossed Schmeiser’s property line. Angell also asserts that trespassing is neither a criminal nor a civil offense in Saskatchewan. [Washington Post, 5/2/1999]

Entity Tags: Percy Schmeiser, Robinson Investigation Canada Ltd, Monsanto, Wayne Derbyshire, Philip Angell

Timeline Tags: Seeds

Percy Schmeiser’s field hand, Carlyle Moritz, swaths and combines Schmeiser’s canola fields. The grain collected from the field where Roundup-resistant plants were earlier discovered (see Summer 1997) is stored in an old truck. The truck contains grain from both the area that Schmeiser sprayed and other areas of the same field. Schmeiser will use these seeds for his 1998 crop (see Spring 1998). [Federal Court of Canada, 6/22/2000, pp. 7 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 18-19 pdf file]

Entity Tags: Carlyle Moritz

Timeline Tags: Seeds

On September 2, Mike Robinson sends the canola plant samples taken from Percy Schmeiser’s farm (see August 18, 1997) to Aaron Mitchell, the Monsanto employee who is in charge of the company’s investigation of Schmeiser. Each sample is said to contain between 10 and 40 pods. Upon receipt of the pods, Mitchell removes the seeds and places them in coin envelopes. He then sends them to Merle Waterfield of the Crop Science Department of the University of Saskatchewan for a grow-out test. Only four seeds from each sample are planted. All except one of the plants that germinate from these seeds survive an application of Roundup. The remaining samples are then returned to Mitchell. [Federal Court of Canada, 6/22/2000, pp. 17 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 20 pdf file]

Entity Tags: Merle Waterfield, Aaron Mitchell, Mike Robinson

Timeline Tags: Seeds

Monsanto employee Rob Chomyn asks Gary Pappenpoot, the manager at Humboldt Flour Mills, if he would be willing to provide Monsanto with samples of seeds from farmers the company is investigating. Pappenpoot agrees. Humboldt Flour Mills inoculates seeds against diseases and insects. It does not clean seeds (i.e., remove the chaff). [Federal Court of Canada, 6/22/2000, pp. 18 pdf file]

Entity Tags: Humboldt Flour Mills, Gary Pappenpoot, Rob Chomyn

Timeline Tags: Seeds

Mike Robinson, owner of a private investigation company that works for Monsanto, visits Percy Schmeiser at his farm. Schmeiser learns that Monsanto is investigating him and that an investigator working for Robinson took plant samples from his fields in 1997 (see August 18, 1997). Robinson says Monsanto suspects Schmeiser is illegally growing its patent-protected Roundup Ready Canola. Schmeiser accuses Robinson’s company of trespassing. [Star Phoenix (Saskatoon), 6/14/2000; Federal Court of Canada, 6/22/2000, pp. 21 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 21 pdf file]

Entity Tags: Mike Robinson, Percy Schmeiser

Timeline Tags: Seeds

Monsanto employee Robert Chomyn requests and receives a sample of Percy Schmeiser’s harvested seeds from the Humboldt Flour Mills where Schmeiser brought his seeds for inoculation (see April 24, 1998). [Washington Post, 5/2/1999] The person who retrieves the sample is employee Morris Hofmann, who, according to Schmeiser, later admits (see After June 19, 2000) that he had either not supplied the seed, or that he supplied seed that was not Schmeiser’s. [Crop Choice, 5/24/2002] The samples provided to Monsanto have apparently been cleaned. (Schmeiser will later testify in court that the seeds he brought in for inoculation were bin-run seed, and thus full of chaff.) [Federal Court of Canada, 6/22/2000, pp. 19 pdf file] Chomyn sends the seeds on April 28 to Aaron Mitchell, Monsanto’s lead investigator in the case against Schmeiser. [Washington Post, 5/2/1999] Percy Schmeiser is neither consulted beforehand nor informed of the event until 1999. [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 22 pdf file]

Entity Tags: Aaron Mitchell, Percy Schmeiser, Rob Chomyn, Humboldt Flour Mills

Timeline Tags: Seeds

Percy Schmeiser plants 1,030 acres in nine of his fields with canola. He uses a mixture of seed saved from 1997 and seed saved from previous years. He knows that the 1997 seed was saved from a field where Roundup-resistant plants had been discovered (see Summer 1997). [Federal Court of Canada, 6/22/2000 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001 pdf file]

Entity Tags: Monsanto

Timeline Tags: Seeds

Monsanto files a lawsuit against Percy Schmeiser alleging that in 1997 or earlier Schmeiser illegally obtained Roundup Ready Canola seed from an unnamed Monsanto-licensed farmer, planted his fields with the seed, and then saved the seed for the following year’s planting without ever having entered into an agreement with Monsanto. In doing so, Monsanto claims, Schmeiser infringed on its patent. According to Schmeiser, the presence of Monsanto’s patented genes in his crop was a result of infestation, possibly resulting from wind-blown pollen or seed. He recalls that in 1997 (see Summer 1997), after spraying Roundup in his ditches and around telephone poles adjacent to his canola field, approximately 60 percent of the canola plants in that area survived. He then proceeded to spray a trial strip roughly 100 feet wide in the adjacent field which also revealed the presence of Roundup-resistant canola. In 1998, he used the seed from that field mixed in with seed from previous years to plant his 1998 crop (see Spring 1998). [Alberta Report, 9/6/1999; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 5 pdf file]

Entity Tags: Percy Schmeiser, Monsanto

Timeline Tags: Seeds

Monsanto secures a court order permitting the company to take plants from Percy Schmeiser’s canola fields. Monsanto believes that Schmeiser is illegally growing the company’s patent-protected Roundup Ready Canola. Schmeiser is aware that some of his canola is resistant to Roundup but denies that this is the result of any willful action on his part. He claims to have never purchased or otherwise obtained Monsanto’s Roundup Ready Canola pedigree seed. He thinks the presence of plants resistant to Roundup is the result of cross-pollination or seeds blown from a nearby farm or off passing grain trucks. [Washington Post, 2/3/1999] Monsanto, in a letter to the court dated August 12, says it will notify Schmeiser’s lawyer before entering onto Schmeiser’s property. The sample is to be collected in the presence of Schmeiser and split between Monsanto and Schmeiser so each party can have it tested separately. According to Schmeiser, Don Todd (Robinson Investigation) and James Vancha (Monsanto), arrive unannounced and do not allow him to accompany them. However, Todd and Vancha will dispute Schmeiser’s version of events in court testimony, saying the farmer had declined to participate because of a “bad leg.” Instructions contained in the court order do not specify that they use any sort of representative sampling technique that could be used to determine what percentage of Schmeiser’s canola plants are resistant to Roundup. Rather, since Monsanto is interested only in proving the presence of the patented gene in Schmeiser’s fields, Todd and Vancha are just asked to randomly collect a total of 54 samples from Schmeiser’s 9 fields (27 for Monsanto and 27 for Schmeiser). In spite of the fact that no method is employed to ensure that the composition of the samples are representative of the composition of the fields, Monsanto will later cite test results based on these samples when making assertions in court about the percentage of Roundup-resistant plants growing on Schmeiser’s farm (see January 1999) [Federal Court of Canada, 6/22/2000, pp. 21 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 24-25 pdf file]

Entity Tags: Percy Schmeiser, Robinson Investigation Canada Ltd, Don Todd, James Vancha, Monsanto

Timeline Tags: Seeds

Aaron Mitchell, Monsanto’s lead investigator in the Percy Schmeiser case, obtains a back-up sample set of the canola pods that were collected from Schmeiser’s property the previous summer (see August 12, 1998) from James Vancha who has been storing the pods in his freezer. Mitchell takes the seeds to Leon Perehudoff of Prairie Plant Systems who assists him with the grow-out test. Perehudoff will later testify in court that the seeds he receives are clean, though the original sample set of canola pods contained debris. Mitchell claims that he cleaned the seeds by hand even though there would have been no reason to do so in order to grow the seeds. When he is later asked in court to explain how he did this, he will respond that he did it by hand and that it took him about an hour. Another witness, Lyle Friesen, a plant biologist at the University, will testify that the task should have taken “days” to do by hand. All of the seeds included in Mitchell’s grow-out test germinate despite the fact that neither Monsanto’s St. Louis lab nor Friesen (see (August 26, 1999)) are able to so because the seeds were improperly stored and/or moldy. After the plants have grown, Mitchell takes them away to spray them and then later returns with them so he and Perehudoff can count the survivors. For one of the samples, he records an impossible survivor rate of 106 percent—there are apparently more plants in the sample after the spraying than there were before. He then averages this percentage rate with results from the other samples to come up with an average survival rate of 92-96 percent, which Monsanto will later cite as the percentage of Roundup Ready Canola plants in Schmeiser’s 1998 fields. As Schmeiser’s lawyer will later note in court, the samples were not collected using a methodology that would have ensured that the composition of the samples were representative of the composition of the fields. [Federal Court of Canada, 6/22/2000, pp. 23-25 pdf file]

Entity Tags: Leon Perehudoff, James Vancha, Aaron Mitchell

Timeline Tags: Seeds

On the advice of his lawyer, Percy Schmeiser purchases new canola seeds for his 1999 crop instead of planting the seeds retained from his 1998 harvest. Schmeiser has been using saved seed since 1994 and says that this decision causes him great distress. [Star Phoenix (Saskatoon), 6/14/2000]

Entity Tags: Percy Schmeiser

Timeline Tags: Seeds

Canadian farmer Charlie Boser discovers between 300 and 500 Roundup Ready Canola plants in a field that was sprayed twice for weeds with Roundup mixtures. “Everything along that quarter was burnt to a crisp quite brown except for the canola,” he later testifies in court. The plants had apparently come to his fields from the east. “I was a little upset to have this contaminant on my land. I’d never used a Roundup Ready Canola.” He contacts Monsanto, who compensates him for one of his spray applications and pays the person who had done the chemical fallow to “get some kids to come pick it out,” according to Boser. A Monsanto representative later informs him that a field adjacent to his was planted with Roundup Ready Canola. [Alberta Report, 9/6/1999; Star Phoenix (Saskatoon), 6/16/2000; Western Producer (Saskatoon), 6/22/2000]

Entity Tags: Monsanto, Charlie Boser

Timeline Tags: Seeds

Percy Schmeiser gives the 27 canola pods that were collected by Monsanto a year before (see August 12, 1998) to his lawyers who then send them to the University of Manitoba to be tested for the presence of Monsanto’s Roundup Ready Canola genes. Lyle Friesen, a plant biologist at the university who conducts the tests, finds that 15 of the samples are too moldy to grow. The seeds in the other 12 samples germinate and are sprayed with Roundup. Survival rates in these samples range from 0 to 67 percent. As Schmeiser’s lawyer will later note in court, the people hired by Monsanto to obtain the samples did not collect them using a methodology that would have ensured that the composition of the samples were representative of the composition of the fields (see August 12, 1998). Therefore, according to Schmeiser’s lawyer, the samples can only indicate “what is in the bags, not what is in the fields.” Also included in the samples sent to Friesen are the seeds (the authenticity of which Schmeiser challenges (see June 5, 2000-June 21, 2000)) that were returned to Schmeiser by Saskatchewan Wheat Pool (who took over operations of Humboldt Flour Mills in 1998) earlier in the year. Tests performed on these seeds indicate that between 95 and 99 percent contained the patented gene. [Federal Court of Canada, 6/22/2000, pp. 22 pdf file; Crop Choice, 5/24/2002]

Entity Tags: Percy Schmeiser, Lyle Friesen

Timeline Tags: Seeds

Aaron Mitchell, Monsanto’s lead investigator in the Percy Schmeiser case, sends seed samples that were taken from Percy Schmeiser’s farm in 1997 (see August 18, 1997) to Keith Downey, emeritus professor of Agricultural Canada and University of Saskatchewan. Mitchell has been in possession of the seeds since the fall of 1997. The seeds were stored in coin envelopes. When Downey receives the seeds there are very few left—one envelope only contains two seeds, while the envelope with the most seeds has only about 30. According to Schmeiser, the envelopes should contain between 200 and 800 seeds each. Schmeiser, who has been invited to witness the planting of the seeds, later claims that the sample includes numerous cleaver seeds. Schmeiser also says that the sample includes cracked seeds and debris indicating that they had been through a combine. If these samples were indeed the ones taken in 1997, there should be no cleaver seeds, cracked seeds, or debris, Schmeiser’s lawyer will later note in the closing argument of Schmeiser’s June 2000 trial (see June 5, 2000-June 21, 2000). Downey’s grow-out of these seeds results in a 50 percent germination rate. All the resulting plants prove resistant to Roundup. [Federal Court of Canada, 6/22/2000, pp. 17 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 20 pdf file]

Entity Tags: Percy Schmeiser, Keith Downey, Aaron Mitchell

Timeline Tags: Seeds

Lyle Friesen, a plant biologist at the University of Manitoba, obtains seed samples—presumably from Percy Schmeiser’s 1997 harvest (see August 18, 1997)—from Saskatchewan Wheat Pool (which took over Humboldt Flour Mills). He performs a grow-out test of these seed samples and finds that as many as 98 percent of them are Roundup-resistant. [Federal Court of Canada, 6/22/2000, pp. 22 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 26-27 pdf file]

Entity Tags: Lyle Friesen

Timeline Tags: Seeds

Canadian canola seeds sold to Europe by Advanta Canada are discovered to be contaminated with a small percentage of genetically modified (GM) seeds. [Canadian Press, 6/4/2000] The contamination resulted from pollen that was blown in from a farm growing GM crops more than a kilometer away. European citizens and governments are outraged and farmers in some of the countries plow their crops under. [Globe and Mail, 5/25/2000; New Scientist, 12/23/2000]

Entity Tags: Advanta Canada

Timeline Tags: Seeds

Monsanto’s 2005 “Technology Use Agreement” (TUA) includes several provisions that were not present in its 1996 agreement (see 1996). The company’s TUAs have been heavily criticized by farmers and groups concerned about food security and farmers’ rights because of its provisions barring farmers from saving and replanting seed. Another part of the contract that has been unpopular among farmers is the requirement that farmers grant Monsanto the right to come onto a farmer’s land to take plant samples any time during the first three years after a farmer has stopped using the company’s seed. Some of the provisions that have been added since 1996 state the following:
bullet All legal disputes (except those involving cotton) must be settled at the US District Court for the Eastern District of Missouri or the Circuit Court of the County of St. Louis.
bullet Farmers must give Monsanto permission to access third-party records of the farmers’ activities, such as those held by USDA Farm Service Agency (FSA). The Center for Food Safety notes: “The breadth of this provision allows the company to obtain documents that are not necessarily directly related to a farmer’s seed or chemical purchase, permitting Monsanto to assess a grower’s financial state.”
bullet Farmers are not required to do anything to prevent contaminating neighbors’ fields with Monsanto’s genes. Recognizing that a “minimal amount of pollen movement (some of which can carry genetically improved traits) between neighboring fields is a well known and normal occurrence in corn seed or grain production,” the agreement suggests that farmers planting the company’s seeds are not under any obligation to prevent the contamination of neighboring non-transgenic crop fields. Conventional farmers “assume the responsibility and receive the benefit for ensuring that their crop meets… specifications for purity,” the agreement asserts.

Entity Tags: Monsanto

Timeline Tags: Seeds

After Percy Schmeiser and Monsanto fail to reach an out-of-court settlement, Monsanto takes the 69-year-old canola farmer to court. Monsanto claims that in 1998, Schmeiser planted 1,030 acres with seed from his 1997 canola crop containing a gene or cell that was protected by Monsanto’s 1993 (see February 23, 1993) patent on glyphosate-resistant plants and that he did so without permission from Monsanto. The company further alleges that in doing so Schmeiser illegally used, reproduced, and created genes, cells, plants, and seeds containing the patent-protected genes and cells. According to Monsanto, it is of no consequence how the gene arrived in Schmeiser’s field; his mere planting of the gene constitutes infringement. The company is suing for the $15 CAD/acre technology fee that other farmers using the seed are required to pay (A total of $15,450 CAD), the profits resulting from Schmeiser’s 1998 crop ($105,000 CAD, according to Monsanto), interest, exemplary damages ($25,000 CAD), and court costs. [Toronto Star, 6/3/2000; Star Phoenix (Saskatoon), 6/6/2000; Star Phoenix (Saskatoon), 6/21/2000] Terry Zakreski, Schmeiser’s attorney, does not deny that the some of the canola plants in Schmeiser’s 1998 crop contained Monsanto’s patent-protected Roundup-resistant gene. However, he rejects Monsanto’s claim that Schmeiser infringed on the company’s patent when he planted the crop since the presence of Monsanto’s Roundup Resistance canola was not a result of any deliberate action on the part of Schmeiser. The defense suggests that Monsanto’s patented-gene arrived on Schmeiser’s property by way of pollination or wind-blown seed. [Alberta Report, 9/6/1999]
Plaintiff Argument--Tests show high percentage of Roundup in sample taken from Schmeiser's 1997 crop - In spite of the fact that Monsanto’s argument does not hinge in anyway on how its Roundup Ready Canola came to grow on Schmeiser’s fields, it nonetheless attempts to make the case that the alleged high percentage of Roundup-resistant canola in Schmeiser’s 1997 crop was too high to have resulted solely from cross-pollination or wind-blown seed as Schmeiser claims. As evidence of this, Monsanto cites tests (see Fall 1997) (see January 24, 2000) performed on plant samples taken in August of that year by Wayne Derbyshire (see August 18, 1997). Those tests found that the samples contained a very high percentage (more than 90 percent) of seeds containing the patented genes. Monsanto also introduces as evidence, tests performed on seeds given to Monsanto by Humboldt Flour Mills (see Between April 24 and April 28, 1998), the company that had inoculated Schmeiser’s seeds prior to the 1998 planting season. Tests later performed on those seeds found that 95 to 98 percent of them contained Monsanto’s patented gene (see April 2000; (August 26, 1999)). [Toronto Star, 6/6/2000; Star Phoenix (Saskatoon), 6/6/2000]
Plaintiff Argument--Tests show high percentage of Roundup in Schmeiser's 1998 crop - Monsanto also presents evidence aimed at demonstrating that Schmeiser’s 1998 crop consisted almost entirely of plants containing Monsanto’s patented Roundup-resistant gene. As evidence, it cites tests performed on samples that were taken from Percy’s crop in the summer of 1998 (see August 12, 1998). The tests done by Aaron Mitchell of Monsanto on these samples indicated that between 92 and 97 percent of the seeds in the samples were resistant to Roundup (see January 1999). [Toronto Star, 6/6/2000; Star Phoenix (Saskatoon), 6/6/2000]
Plaintiff Argument--Schmeiser used Roundup on his 1998 crop - In an effort to prove that Schmeiser’s 1998 crop consisted mostly of Roundup Ready Canola and that Schmeiser sought to take advantage of its resistance to the herbicide, Monsanto cites the testimony of Wesley Niebrugge, a farmer and employee of the Esso bulk dealership in Bruno. Niebrugge claims that in 1997 and 1998 Schmeiser’s farm hand Carlyle Moritz told him that Schmeiser had sprayed his fields with Roundup after having seeded his fields with Roundup Ready Canola. Monsanto argues that in spite of Schmeiser’s claims that he did not use Roundup on his crops in 1998, there is no evidence that he used Muster and Assure herbicides as claimed. Furthermore, Monsanto provides evidence that Schmeiser purchased 720 liters of Roundup in 1998. [Star Phoenix (Saskatoon), 6/17/2000]
Plaintiff Argument--Roundup Ready Canola presence in Schmeiser's fields cannot be explained by windblown seed - Monsanto also argues that seed blown off the top of passing grain trucks could not have been responsible for the Roundup-resistant canola plants that Schmeiser found in his field more than 100 feet away from the road in 1997 (see Summer 1997). As evidence, Monsanto cites the testimony of Barry Hertz, a mechanical engineer hired by Monsanto because of his expertise in road vehicle aerodynamics. Hertz tells the court that according to his own calculations, canola seed blown off the top of a moving grain truck would fly no more than 8.8 meters from the road. His calculations are based on the weather conditions recorded at the Saskatoon airport in October and May of 1996, 100 kilometers away from Schmeiser’s farm. [Star Phoenix (Saskatoon), 6/9/2000; Canadian Press, 6/9/2000]
Plaintiff Argument--Schmeiser segregated his crop - Monsanto argues that Schmeiser segregated his crop when he chose to save and plant the seeds harvested from the same field where he knew Roundup Ready plants had grown. The company’s lawyer questions why he would have done so if he considered those plants to be a contaminant on his land. [Star Phoenix (Saskatoon), 6/15/2000]
Defense Argument--Schmeiser did not undertake any deliberate action to obtain Monsanto's Roundup Ready Canola - According to Schmeiser, the presence of Monsanto’s patented gene in his crop was not a result of any deliberate action he took. Rather he suggests that his crop was likely contaminated with Monsanto’s genes from wind-blown pollen or seed.
bullet Zakreski notes that there is no evidence whatsoever that Schmeiser illegally obtained Roundup Ready Canola seed. Monsanto has never identified anyone who may have sold Roundup Ready Canola seed to Schmeiser, and Schmeiser has never admitted to having acquired the seed. Monsanto employee Aaron Mitchell candidly testifies to this fact on the stand. [Star Phoenix (Saskatoon), 6/9/2000; Star Phoenix (Saskatoon), 6/13/2000]
bullet Percy Schmeiser’s field hand, Carlyle Moritz, testifies that swaths from a neighboring canola field planted with Monsanto’s Roundup Ready Canola blew onto one of Schmeiser’s fields in 1996 (see Fall 1996). The swaths were subsequently picked up by a combine on Schmeiser’s fields and deposited in the grain bins on that field. The defense believes it is possible that some of the seed from that bin was used to plant Schmeiser’s 1997 crop. [Federal Court of Canada, 6/22/2000, pp. 6 pdf file]
bullet Schmeiser recalls that in 1997 (see Summer 1997), after spraying Roundup in his ditches and around telephone poles adjacent to his canola field, approximately 60 percent of the canola plants in that area survived. Curious about the possibility that his canola plants may have developed a resistance to Roundup, he sprayed a trial strip about 100 feet wide in one of the fields that is next to the road. The total area of the strip was a “good three acres,” he says. As a result of the spraying, roughly 40 percent of the canola plants died. The surviving 60 percent were scattered in clumps and were mostly concentrated near the road. He believes that the uneven presence of clumps that were thicker closest to the road and thinner towards the center of the field is evidence that plants had been sown from seed coming from the direction of the road, probably from seed blown off passing grain trucks in late 1996.
bullet Zakreski argues that Schmeiser’s plants may have been pollinated with pollen transported by wind or other means from a neighboring farm. He notes that Monsanto scientist Robert Horsch has acknowledged in court testimony that the company’s dominant Roundup-resistant gene would be present in any pollen from a Roundup Ready Canola plant and therefore could pollinate non-transgenic plants. Zakreski also cites the testimony of Monsanto witness Keith Downey that “one hungry bee” is capable of traveling a great distance. Even though Monsanto employee Aaron Mitchell testified that the closest field planted with Monsanto licensed Roundup Ready Canola seed was approximately five miles away, Zakreski notes that it is impossible to state for sure that someone was not illegally growing it closer. [Star Phoenix (Saskatoon), 6/6/2000; Federal Court of Canada, 6/22/2000, pp. 28 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 16 pdf file]
bullet Schmeiser’s neighbor Elmer Borstmeyer testifies that he grew Roundup Ready Canola under agreement for four years beginning in 1996 and that he drove his truck by four of Schmeiser’s fields after harvest. He recalls that on one or two of his trips, the tarp was loose, and he believes he lost a lot of canola seed. “The tarp acted like a cyclone,” he said. “I lost some seed. That’s for sure” (see Fall 1996). [Star Phoenix (Saskatoon), 6/16/2000; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 50 pdf file]
bullet Schmeiser’s lawyer cites other cases where farmers’ fields have been contaminated with Monsanto’s Roundup Ready Canola, including farmers Charles Boser (see Summer 1999) and Louis Gerwing (see Summer 1999). He also notes that just a few weeks before, Canadian canola seeds sold to Europe by Advanta Canada were discovered to have been contaminated with a small percentage of genetically modified (GM) seeds (see May 2000). [Star Phoenix (Saskatoon), 6/16/2000]
bullet Zakreski also addresses the various tests that were conducted on samples taken from Schmeiser’s 1997 and 1998 crops. Monsanto had used some of the tests as evidence to argue that more than 90 percent of the plants in some of Schmeiser’s fields contained Monsanto’s patented gene. Of the samples that were taken by Wayne Derbyshire in 1997 (see August 18, 1997) and used as the basis for two grow-out tests (see Fall 1997) (see January 24, 2000), and of the samples that were taken by Don Todd and James Vancha in 1998 (see August 12, 1998) and used for a grow-out test performed by Aaron Mitchell (see January 1999), Zakreski argues that they were all (1) taken illegally, and should not be admitted by the court; (2) taken using a methodology that was not intended to be representative of the fields from which they were taken; and (3) were not obtained, stored, or tested in a scientific manner or by independent parties. [Federal Court of Canada, 6/22/2000 pdf file]
bullet Of the samples that were handled by Aaron Mitchell before being sent to and tested by Keith Downey on January 24, 2000 (see January 24, 2000), Zakreski questions (1) why so many seeds were apparently missing from the coin envelopes; and (2) why there were cleaver seeds, debris, and cracked seeds present in this sample—presumed to have been taken directly from canola pods. [Federal Court of Canada, 6/22/2000, pp. 18 pdf file]
bullet Zakreski also challenges the authenticity of seeds used in a grow-out test that was performed by Aaron Mitchell in January 1999 (see January 1999). He asks how it came to be that seeds Mitchell brought to Leon Perehudoff were clean when in fact the seeds in the original sample contained debris. Though Mitchell claims to have cleaned the seeds by hand in a matter of an hour, plant biologist Lyle Friesen, another witness, testifies that such a task should have taken “days” to do by hand. Zakreski also notes that is unclear why the seeds Mitchell planted enjoyed a 100 percent germination rate when Friesen and experts at Monsanto headquarters in St. Louis were able to get only about half their seeds—presumably taken the same day as Mitchell’s seeds—to grow. [Federal Court of Canada, 6/22/2000, pp. 23-25 pdf file]
bullet Additionally, Zakreski questions the authenticity of the seed samples that Monsanto obtained from Humboldt Flour Mills (see Between April 24 and April 28, 1998). The seeds tested by Monsanto had apparently been cleaned, when in fact the seeds supplied to the mill by Schmeiser (see April 24, 1998) were bin-run seeds full of chaff. No evidence is provided by the plaintiff to explain how the seeds cleaned themselves. [Federal Court of Canada, 6/22/2000, pp. 19 pdf file]
Defense Argument--One must use a patented invention for there to be infringement - Zakreski argues that for a patent infringement to occur, one must use the invention. His argument can be summarized as thus: (1) Monsanto has a patent on a gene, not a plant; (2) it is not a patent infringement to merely possess a patented invention, one must either use, or intend to use, the patented invention in order for there to be an infringement; (3) the act of growing a plant that contains the patented gene does not imply the use of that gene since that gene is not needed for the plant to grow; (4) the use of a patented invention necessarily entails that the “object,” or “essence,” of a patent be utilized, which in this case is a cell’s resistance to Roundup; (5) to use Monsanto’s invention, one must therefore either use, or intend to use, Roundup on one’s crop; and (6) because Schmeiser did not use Roundup on his crop, he did not infringe on Monsanto’s patent. The evidence Zakreski provides to support this argument can be summarized as follows: (a) there was no motive for Schmeiser to acquire and use Monsanto’s patented technology; (b) Schmeiser did not attempt to segregate seed known to be Roundup-resistant from the rest of his seed and therefore had no intention of using the properties of Monsanto’s patented gene; and (c) Schmeiser’s 1998 crop was a mixture of Roundup-resistant and non-resistant canola plants and therefore Schmeiser derived no benefit from Monsanto’s technology; and (d) Schmeiser did not, in fact, use Roundup on his 1998 crop.
a -
bullet Using Roundup Ready Canola would have made it impossible for Schmeiser to grow canola back-to-back, his preferred method of growing canola (see 1994-1998). [Federal Court of Canada, 6/22/2000, pp. 2-3 pdf file]
bullet The only benefit of using Roundup Ready Canola is that it allows one to spray Roundup herbicide on one’s crop. Roundup can only be applied after the weeds have germinated and there is weed foliage to spray. Schmeiser prefers not to spray weeds in his crop at this late stage because it would allow the weeds to use much of the soil’s moisture that would otherwise be available to the crop. Instead, he uses products that can be incorporated into the soil, or that kill weeds as they germinate (see 1994-1998). Furthermore, Schmeiser notes that Roundup is thought to leave a residue in the soil that kills mycorrhiza, a beneficial fungus that helps plants absorb nutrients in the soil. [Federal Court of Canada, 6/22/2000, pp. 3 pdf file]
bullet Schmeiser prefers to save his seeds rather then buy new seeds each year, which he considers to be an unnecessary expense. [Federal Court of Canada, 6/22/2000, pp. 2 pdf file]
bullet There was nothing wrong with Schmeiser’s seed stock that would have warranted interest in acquiring new seed. Schmeiser’s crops have performed much better than others in the area and are relatively free of common diseases that affect canola. Schmeiser has never had to file an insurance claim for his crop and because of this he receives a discount on his crop insurance premium. [Federal Court of Canada, 6/22/2000, pp. 2 pdf file]
b -
bullet Zakreski notes that in 1997, Schmeiser made no attempt to segregate the Roundup-resistant plants from the non-resistant plants in his fields. His farmhand, Carlyle Moritz, saved the seed from both the area where Roundup-resistant crop was known to have grown and other areas where these plants were not known to have grown (see Fall 1997). In spring 1998, these seeds were combined with bin-run seeds from previous years to sow Schmeiser’s canola crop (see Spring 1998). [Federal Court of Canada, 6/22/2000, pp. 11 pdf file]
c -
bullet Schmeiser’s attorney argues that Schmeiser had nothing to gain in planting a mixed crop of Roundup-resistant and non-resistant canola plants. “The advantage in growing Roundup Ready Canola is that a grower may spray in-crop with Roundup and achieve broad spectrum weed control. If a grower plants a crop which is a mixture of Roundup Ready and Roundup susceptible canola, he cannot spray in-crop with Roundup. To do so would be suicide.” [Federal Court of Canada, 6/22/2000, pp. 28-29 pdf file]
d -
bullet Schmeiser says that in 1998 the herbicides he used on his crops were the brand-names Muster and Assure. It would have made no sense, Zakreski argues, for Schmeiser to have knowingly planted Roundup Ready Canola. “It would make no sense if he knowingly proceeded to seed Roundup Ready Canola and not use Roundup,” notes Zakreski. [Leader Post (Regina, Saskatchewan), 6/13/2000] Schmeiser, however, as noted by the plaintiff, was unable to produce receipts showing he had used Muster and Assure on his canola. He explains that the Esso bulk dealership where he lives changed hands after 1998 and the new owners were unable to locate the receipts. [Star Phoenix (Saskatoon), 6/15/2000]
bullet Weed ecology expert Rene Van Acker testifies that the test results from Manitoba (which identified the presence of non-resistant canola plants in a sample taken from Schmeiser’s fields) (see (August 26, 1999)) prove that Schmeiser did not spray his fields with Roundup. If he had sprayed his fields, he would have killed much of his crop. “It would make no sense for a producer to sow Roundup Ready Canola and not use Roundup,” Van Acker recently wrote in a report requested by the defense. [Star Phoenix (Saskatoon), 6/17/2000]
bullet While Schmeiser did purchase 720 liters of Roundup in 1998, as noted by the plaintiff, Schmeiser says that he used this quantity of Roundup to clear his fields before spring planting and also to clear the weeds in the roadside ditches and around telephone poles. Schmeiser testifies that he would have used 515 liters of the herbicide to chem fallow his 1,030 acres leaving 205 liters for the ditches and right-of-ways. Zakreski’s final brief includes a table depicting Schmeiser’s use of the chemical in 1996, 1997, and 1998, demonstrating that the amount of Roundup used in 1998 was entirely consistent with the previous two years. Additionally, Schmeiser explains that if he had planted 100 percent Roundup Ready Canola that year, following Monsanto’s recommended application rate of 1 liter/acre, he would have needed an additional 1,000 liters, a claim that not one of Monsanto’s witnesses attempts to challenge. [Federal Court of Canada, 6/22/2000, pp. 13 pdf file]
Defense Argument--Monsanto's patent does not confer property rights - Another argument advanced by Schmeiser’s attorney is that because Monsanto’s patent does not confer ownership rights of the gene to the company, only intellectual property rights, the insertion of that gene into someone’s plant cannot possibly make that plant property of Monsanto. If the pollen produced by a Roundup Ready Canola plant fertilizes a non-transgenic plant owned by another farmer, Monsanto can claim no property rights to the plant’s offspring. [Federal Court of Canada, 6/22/2000, pp. 38-39 pdf file]
bullet In support of this argument, Zakreski cites the similarity of this case to “stray bulls” cases in which the owners of cows impregnated by stray bulls owned by someone else have successfully sued for damages on the basis that early breading stunted the growth of their cows. In no such cases, notes Zakreski, has an owner of a stray bull attempted to claim any rights to the stray bull’s offspring. [Federal Court of Canada, 6/22/2000, pp. 38-39 pdf file]
bullet Zakreski also states that the law of admixture applies to this case. The premise of that law is as follows: “… where a man willfully causes or allows property of another to inter-mix with his own without the other’s knowledge or consent, the whole belongs to the latter…”. [Federal Court of Canada, 6/22/2000, pp. 38-39 pdf file]
Defense Argument--Monsanto waved its patent rights when it released its invention unconfined into the environment - The defense also argues that Monsanto waived the patent rights on its invention when it failed to control the spread of its invention after it was released into the environment unconfined. The lawyer writes: “Had [Monsanto] maintained control over its invention, it may have maintained its exclusive rights. However, inventions do not usually spread themselves around. They do not normally replicate and invade the property and lands of others. Ever since regulatory approval for this invention was given, it has been released unconfined into the environment. Mr. Schmeiser has produced ample evidence of just how extensive the release is in the Rural Municipality of Bayne, where he farms. Any exclusive rights Monsanto may have had to its invention were lost when it lost control over the spread of its invention. Surely, the exclusive right to possess such an invention cannot be maintained if the spread of the invention cannot be controlled. The unconfined and uncontrolled release into the environment is an act by Monsanto completely inconsistent with its exclusive rights. It cannot on the one hand unleash self-propagating matter uncontrolled into the environment and then claim exclusively wherever it invades. It can, by this, be taken by its conduct to have waived its statutory rights.” Zakreski warns that giving Monsanto property rights to any and all genes or plants that result from the uncontrolled replication of its invention could potentially cause all Canadian canola farmers to lose their right to save and replant seed. “It can never be said with certainty that Monsanto’s gene will not soon be present on any canola field in western Canada. Accordingly, no farmer who saves and re-uses his seeds can be sure the Monsanto gene is not present in his seed supply.” Zakreski suggests: “Perhaps this is a benefit that Monsanto hoped to achieve by releasing their product into the environment without any control.” [Federal Court of Canada, 6/22/2000, pp. 39-41 pdf file; Star Phoenix (Saskatoon), 6/22/2000] As evidence that Monsanto failed to control the spread of its invention, Schmeiser spends several hours showing the courtroom pictures he took in the vicinity where he lives of volunteer Roundup-resistant canola plants growing in ditches, flower beds, cemeteries, and roadways. He explains how he sprayed the plants with Roundup and then returned to see if they had survived. [Star Phoenix (Saskatoon), 6/14/2000]
Defense Argument--Monsanto's patent is invalid; Monsanto's intellectual rights are protected under the Plant Breeders' Rights Act - Zakreski argues that a gene is “not the proper subject matter for a patent” and therefore the patent “should be declared invalid.” In support of this claim, he cites a federal appeals court’s 1998 decision in the case Harvard College v. Canada (Commissioner of Patents). In that case, the judges ruled that “A complex life form does not fit within the current parameters of the Patent Act… .” Zakreski further argues that there already is legislation—the Plant Breeders’ Rights Act—that protects the intellectual property rights of those who develop new plant varieties. He notes that unlike the Patent Act, the Plant Breeders’ Rights Act explicitly preserves farmers’ rights to save and re-plant their seed. [Federal Court of Canada, 6/22/2000, pp. 43 pdf file]

Entity Tags: Percy Schmeiser, Monsanto, Terry Zakreski, Rene Van Acker

Timeline Tags: Seeds

Percy Schmeiser later claims that Morris Hofmann, the Humboldt Flour Mills employee who retrieved a sample of Schmeiser’s 1998 seed for Monsanto (see Between April 24 and April 28, 1998), admits he lied in court. “He apologized to me for lying about supplying Monsanto with a sample of clean Roundup Ready Canola seed for use in court. He told me that Monsanto had taken him on trips, to lunch and given him free products to use on his farm.” [Crop Choice, 5/24/2002]

Entity Tags: Percy Schmeiser, Morris Hofmann, Monsanto

Timeline Tags: Seeds

Canadian Federal Judge Andrew MacKay rules in favor of Monsanto in its case against Canadian canola farmer Percy Schmeiser (see June 5, 2000-June 21, 2000). [Star Phoenix (Saskatoon), 3/30/2001]
Judge MacKay decides the following: -
bullet That all test results submitted to the court as evidence by Monsanto was admissible and worthy of consideration by the court. The test results had indicated that a high percentage (in most cases, more than 90 percent) of the seed present in several samples presumably taken from Schmeiser’s canola fields contained Monsanto’s patented Roundup Ready gene. Schmeiser’s lawyer had argued (see June 5, 2000-June 21, 2000) that the samples had been taken illegally and were invalid because they were not obtained, stored, or tested in a scientific manner or by independent parties. Schmeiser’s lawyer also raised questions about the authenticity of the samples noting multiple contradictions in the observed properties of the samples as they changed possession from one person to another. The judge dismissed all of these concerns insisting that certain “conclusions of fact” could nonetheless be “drawn from evidence of the various tests.” [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 34 pdf file; Star Phoenix (Saskatoon), 3/30/2001]
bullet That based on expert testimony and results from the tests on samples taken from Schmeiser’s property, “none of the suggested possible sources of contamination of Schmeiser’s crop was the basis for the substantial level of Roundup Ready canola growing in field number 2 in 1997.” (“Field number 2” is the field where Schmeiser discovered the presence of Roundup Canola in 1997 (see Summer 1997)) [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 51 pdf file]
bullet That “the source of the Roundup-resistant canola in the defendants’ 1997 crop is really not significant for the resolution of the issue of infringement which relates to the 1998 crop.” [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 51 pdf file]
bullet That Schmeiser infringed on Monsanto’s patent when he planted seed that he “knew or ought to have known” contained Monsanto’s patented gene. Judge MacKay disagrees with the defense’s argument that in order to have used the essence of Monsanto’s patent, Schmeiser would have had to have applied Roundup to his crop. According to MacKay, the acts of replanting and selling the seed in and of themselves constituted use of the patent’s essence. “Growth of the seed, reproducing the patented gene and cell, and sale of the harvested crop constitutes taking the essence of the plaintiffs’ invention, using it, without permission.” [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 51-53 pdf file; Star Phoenix (Saskatoon), 3/30/2001]
bullet That the law of admixture and the precedent set by “stray bull” cases do not apply to this case. What distinguishes this case from cases where admixture is relevant, says MacKay, is that “Monsanto does have ownership in its patented gene and cell and pursuant to the [Patent] Act has the exclusive use of its invention.” [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 55-56 pdf file]
bullet That Monsanto’s patent is valid. MacKay rejects Zakreski’s argument that the Harvard Mouse case relates to this case in the way he described. Rather according to MacKay, while that case concerned the patent on an organism, this case concerns a gene, the process for its insertion, and the cell derived from that process. As such, the Harvard Mouse case “implicitly support[s] the grant of the patent to Monsanto.” [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 40 pdf file]
bullet That Monsanto’s patent rights on its Roundup-resistant gene persist even after it has inserted itself into a plant owned by someone else. Schmeiser’s lawyer had argued (see June 5, 2000-June 21, 2000) that Monsanto’s patent confers only intellectual property rights, not actual property ownership rights, of the gene to the company and that therefore the insertion of Monsanto’s patented gene into a plant owned by someone else does not make that plant or its offspring property of Monsanto. While Judge MacKay agrees with the defense that the property ownership rights over a plant would not change in such a case, MacKay says that the interest of the person who owns that plant would nonetheless be subject to Monsanto’s patent rights. “Thus,” writes Judge MacKay, “a farmer whose field contains seed or plants originating from seed spilled into them, or blown as seed, in swaths from a neighbor’s land or even growing from germination by pollen carried into his field from elsewhere by insects, birds, or by the wind, may own the seed or plants on his land even if he did not set about to plant them. He does not, however, own the right to the use of the patented gene, or of the seed or plant containing the patented gene or cell.” [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 40-41 pdf file; Star Phoenix (Saskatoon), 3/30/2001; Natural Life, 5/2001]
bullet That Monsanto did not implicitly waive its patent rights on the Roundup Ready gene because of any alleged failure to control the spread of its gene, as the defendant argued (see June 5, 2000-June 21, 2000). According to Judge MacKay, Monsanto has taken adequate steps to control the spread of its product. He cites Monsanto’s efforts to limit the use of the invention to only those plots of land farmed by licensed farmers for which the technology use fee has been paid; the company’s efforts to enforce the terms of its Technology Use Agreement; and the company’s efforts to remove plants that have invaded the properties of other farmers. MacKay makes little of the several photographs that Schmeiser had taken of Roundup-resistant Canola volunteers that he discovered scattered though out his community. [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 40-44 pdf file]
bullet To issue an injunction barring Schmeiser from planting “any seed saved from plants which are known or ought to be known to be Roundup tolerant, and from selling or otherwise depriving the plaintiffs of their exclusive right to use plants which the defendants know or ought to know are Roundup tolerant, or using the seeds from such plants.” [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 55 pdf file]
bullet That Schmeiser’s unauthorized use of Monsanto’s patented gene entitles the company to the profit realized by Schmeiser as a result of the sale of his 1998 crop, plus interest. However Judge MacKay believes that Monsanto has overstated Schmeiser’s profit because it did not factor in his labor as an expense. MacKay also disagrees with the plaintiff that exemplary damages are warranted in this case. MacKay gives Schmeiser and Monsanto three weeks to agree on the value of Schmeiser’s 1998 profit. If they cannot come to an agreement by then, Schmeiser is to pay Monsanto the sum of $15,450 CAD, or $15 CAD/acre planted and harvested in 1998. [Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 56-60 pdf file]

Entity Tags: Monsanto, Percy Schmeiser, Andrew MacKay

Timeline Tags: Seeds

(Show related quotes)

Canadian farmer Percy Schmeiser is ordered to pay $19,832 CAD in damages to Monsanto for having planted and harvested canola in 1998 that he “knew or ought to have known” contained Monsanto’s patent-protected Roundup-resistant gene. Several weeks earlier, a Canadian federal court ruled that Monsanto was entitled to the profits plus interest from Schmeiser’s 1998 canola crop (see March 29, 2001). [Star Phoenix (Saskatoon), 5/24/2001]

Entity Tags: Percy Schmeiser, Monsanto

Timeline Tags: Seeds

Percy Schmeiser files an appeal against Judge Andrew MacKay’s ruling (see March 29, 2001) that he infringed on Monsanto’s patent for Roundup Ready Canola when he planted seed in 1998 that he “knew or ought to have known” was resistant to Roundup. In his grounds for appeal, attorney Terry Zakreski makes 17 points (see May 15-16, 2002). [Star Phoenix (Saskatoon), 6/21/2001]

Entity Tags: Terry Zakreski, Percy Schmeiser

Timeline Tags: Seeds

Upset about the Indonesian government’s decree (see January 2003-August 2003) to require an environmental impact assessment prior to the cultivation of Monsanto’s Bollgard Bt cotton in the province of South Sulawesi, Monsanto steps up its lobbying. Representatives of the company reportedly meet with a senior environment ministry official on several occasions. But after it becomes apparent that its lobbying efforts are having little effect, it resorts to bribery. [Jakarta Post, 1/10/2001; US Securities and Exchange Commission, 1/6/2005; US Department of Justice, 1/6/2005] In February 2002, a US-based Monsanto senior manager, instructs the company’s lobbyist, PT Harvest International Indonesia, to “incentivize” the senior environment official who had ordered the environmental impact study. [Jakarta Post, 1/10/2001; US Securities and Exchange Commission, 1/6/2005] Some time later, an employee of the consulting firm visits the senior Indonesian official and hands him an envelope containing $50,000 in $100 bills. The official accepts the money but says he can’t guarantee that he will be able to get the decree repealed. The senior Monsanto manager instructs the consultant to disguise the bribe as “consulting fees” in his invoice to Monsanto. The firm also includes in its invoice the additional income taxes it will owe because of the phony fees, bringing the invoice’s total to $66,000. [US Securities and Exchange Commission, 1/6/2005; Asia Times, 1/20/2005] Harvest’s president-director, Harvey Goldstein, a US citizen, will later deny that his company was involved in any bribery. “Harvest has never been involved in corruption whatsoever,” he will tell reporters. [Jakarta Post, 1/14/2001] The identity of the Monsanto manager is never revealed. According to the US Justice Department, that person oversees certain activities in the Asia-Pacific region. [Associated Press, 1/6/2001] Despite Monsanto’s $50,000 bribe, the senior official never reverses the requirement for the environmental impact assessment. [Jakarta Post, 1/10/2001; BBC, 1/7/2005]

Entity Tags: PT Harvest International Indonesia, Monsanto

Timeline Tags: Seeds

Federal Court of Canada Justice Andrew MacKay orders Percy Schmeiser to pay Monsanto $153,000 CAD in order to compensate the company for a portion of its legal costs. Monsanto sued Schmeiser in 2000 (see June 5, 2000-June 21, 2000) for illegally planting and harvesting canola in 1998 that he “knew or ought to have known” contained Monsanto’s patent-protected Roundup-resistant gene. This sum of money is in addition to the $19,832 CAD that Schmeiser has already been ordered to pay the company (see May 23, 2001). [Star Phoenix (Saskatoon), 4/29/2002]

Entity Tags: Monsanto, Percy Schmeiser, Terry Zakreski

Timeline Tags: Seeds

Percy Schmeiser’s lawyer, Terry Zakreski, in his argument before the Canadian Federal Court of Appeals, cites 17 grounds for the appeal of Judge MacKay’s March 2001 decision (see March 29, 2001) against Schmeiser. The judge had ruled that Schmeiser had infringed on Monsanto’s patent when he planted canola seed in 1998 that he “knew or ought to have known” was resistant to Roundup. [Star Phoenix (Saskatoon), 5/16/2002; Star Phoenix (Saskatoon), 5/17/2002; Star Phoenix (Saskatoon), 5/17/2002; Star Phoenix (Saskatoon), 5/17/2002] Monsanto lawyer Roger Hughes is also present for a cross-appeal to contest MacKay’s decision to award the company only $19,832 CAD—the figure MacKay determined was Schmeiser’s profit from the sale of his 1998 crop. According to Monsanto’s calculations, Schmeiser’s profits were $105,935 CAD, or 74 percent of his $142,625 CAD gross. [Star Phoenix (Saskatoon), 5/17/2002]
Zakreski's Grounds for Appeal - Some of the issues that Zakreski contends MacKay made erroneous judgments about include the following (As summarized in the 12/31/2001 Court of Appeals Submission):
bullet Interpreting the Patent Act and the Patent so as to deprive farmers the ownership of canola plants and seeds containing the patented gene. Zakreski says that MacKay was wrong to conclude that the Patent Act gives Monsanto “ownership in its patented gene and cell” because the act only grants it the right to make, construct, and use the patented gene and sell it to others to be used. It does not grant ownership. Zakreski argues that according to common law, ownership rights come from possession and control of, or intent to control, a property; and Schmeiser had both possession and control. Zakreski says MacKay’s decision permits Monsanto “to invade the common law property rights of [a farmer] in order to assert its patent rights” merely because its “patented gene happens to be in a seed or plant belonging to a farmer.” [Memorandum of Fact and Law of the Appellants, Percy Schmeiser and Schmeiser Enterprises Ltd. Percy Schmeiser v. Monsanto Canada Inc., 12/3/2001, pp. 12-14 pdf file]
bullet Interpreting the Patent Act and the Patent so as to deprive farmers of there vested right to being able to save and re-use their own canola seed that may contain the patented gene. Zakreski says that the implication of MacKay’s interpretation “is that no farmer who becomes aware, or ought to be aware, that his canola contains the gene patented by [Monsanto] will have the right to save and reuse his canola seed.” [Memorandum of Fact and Law of the Appellants, Percy Schmeiser and Schmeiser Enterprises Ltd. Percy Schmeiser v. Monsanto Canada Inc., 12/3/2001, pp. 13 pdf file]
bullet Finding that it is not necessary that a farmer take advantage of the patented gene by in-crop spraying with a glyphosate based herbicide such as Roundup in order to infringe the Patent. Zakreski says that MacKay was wrong to conclude that Schmeiser had used the patent by merely growing plants containing Monsanto’s gene. He argues that the utility of the patented gene can only be exploited when the crop is sprayed with Roundup, which Schmeiser did not do. The gene, notes Zakreski, is not used at any other time and is certainly not used when the plant is merely growing because the patented gene does not help the plant grow in any way. He cites a case in British Admiralty law, where a sea captain was accused of patent infringement because he had a patent-protected pump aboard his ship. The court found there was no infringement because the pump was not used . [Star Phoenix (Saskatoon), 6/21/2001; Memorandum of Fact and Law of the Appellants, Percy Schmeiser and Schmeiser Enterprises Ltd. Percy Schmeiser v. Monsanto Canada Inc., 12/3/2001, pp. 21-28 pdf file]
bullet Determining that the Respondents had not waived their patent rights by the “unconfined release” of their invention. Zakreski says that while MacKay apparently did not disagree that the “unconfined release” of an invention can result in the waiver of a patentholder’s rights, the judge believed that Monsanto took adequate steps to control the spread of its patented gene. Zakreski says this is not true. He says that several of the steps undertaken by Monsanto cited by MacKay were responses prompted by the fact that the gene had already spread. Thus Monsanto’s actions are evidence that Monsanto had “already lost control of their own product.” Zakreski also notes that where Monsanto had an opportunity to reduce the risk of gene drift, it chose not to. For example, (1) Monsanto’s Technology Use Agreement “places no restrictions on growers aimed at reducing (much less preventing) the escape of genetically modified canola,” does not require seed segregation, does not require a buffer zone, and did not require methods of transport that would have prevented seed loss; and (2) at Monsanto’s informational meetings, which all new Roundup Ready Canola growers are required to attend, farmers were not warned about cross-pollination, not instructed to maintain a buffer strip, not told to warn neighbors who grow non-transgenic canola, not told to segregate seed, and not told to prevent seed loss during transport. [Star Phoenix (Saskatoon), 6/21/2001; Memorandum of Fact and Law of the Appellants, Percy Schmeiser and Schmeiser Enterprises Ltd. Percy Schmeiser v. Monsanto Canada Inc., 12/3/2001, pp. 29-35 pdf file]
bullet Finding that there was “no evidence” that the canola seed used by the appellants to see the 1997 canola crop, included genetically modified seed and pollen carried into field #6 from a neighbor’s field. Zakreski says that this statement is false because it ignores Schmeiser’s testimony that his 1997 canola crop “came from field number 1 and field number 6.” [Memorandum of Fact and Law of the Appellants, Percy Schmeiser and Schmeiser Enterprises Ltd. Percy Schmeiser v. Monsanto Canada Inc., 12/3/2001, pp. 35-37 pdf file]
bullet Giving undue weight and significance to the internal sampling and testing done by the Respondents. As he did in his original closing argument, Zakreski argues that the test results were invalid because the samples were not obtained, stored, or tested in a scientific manner or by independent parties. He also notes that there were multiple contradictions in the observed properties of the samples as they changed possession from one person to another, suggesting that the seed that was ultimately tested may not have actually been seed from Schmeiser’s farm. [Memorandum of Fact and Law of the Appellants, Percy Schmeiser and Schmeiser Enterprises Ltd. Percy Schmeiser v. Monsanto Canada Inc., 12/3/2001, pp. 37-41 pdf file]
bullet Determining that the Respondents were entitled to the profits made by Schmeiser Enterprises Ltd. for its entire 1998 canola crop. Zakreski notes that (1) Monsanto’s patent grants it exclusive rights to sell its invention “to others to be used”; and (2) that Schmeiser sold his canola crop “to a grain elevator to be sent to a commercial crushing plant to make the canola seed into canola oil.” Thus, “the presence or absence of Monsanto’s patented gene added no value whatsoever to the canola seed which was, clearly, the Appellants’ property.” The judge’s ruling to award 100 percent of Schmeiser’s profit to Monsanto was erroneous, Zakreski argues, since Schmeiser “realized no profit or advantage from the presence of the patented gene.” [Memorandum of Fact and Law of the Appellants, Percy Schmeiser and Schmeiser Enterprises Ltd. Percy Schmeiser v. Monsanto Canada Inc., 12/3/2001, pp. 43 pdf file]
bullet Issuing an injunction that would impair the Appellants from engaging in the traditional farming practice of saving and re-using canola seed during the term of the Patent. Zakreski says that the injunction would make it illegal for Schmeiser to farm because unwanted Roundup Ready Canola volunteers continue to grow in his fields (see Spring 1999), even though he planted his fields in 1999 with entirely new seed (see Summer 1999). [Memorandum of Fact and Law of the Appellants, Percy Schmeiser and Schmeiser Enterprises Ltd. Percy Schmeiser v. Monsanto Canada Inc., 12/3/2001, pp. 44 pdf file]

Entity Tags: Monsanto, Terry Zakreski, Percy Schmeiser

Timeline Tags: Seeds

A study conducted by a coalition of North American civil society organizations finds that cornfields in nine Mexican states—Chihuahua, Morelos, Durango, Mexico State, Puebla, Oaxaca, San Luis Potosi, Tlaxcala, and Veracruz—are contaminated with genetically modified (GM) DNA. A total of 2,000 plants from 138 farming and indigenous communities are tested. Contaminated corn is discovered in 33 of these communities, or 24 percent. Contamination levels vary from 1.5 percent to 33.3 percent. Some plants are found to contain as many as four different types of GM DNA—one herbicide-resistant variety and three Bt varieties, including Starlink, which is banned for human consumption in the US. Several plants in at least one of the contaminated fields are deformed. “We have seen many deformities in corn, but never like this,” Baldemar Mendoza, an indigenous farmer from Oaxaca, says during a news conference. “One deformed plant in Oaxaca that we saved tested positive for three different transgenes. The old people of the communities say they have never seen these kinds of deformities.” [ETC Group, 10/11/2003]

Timeline Tags: Seeds

After Percy Schmeiser finds volunteer Roundup Ready Canola plants growing in a 50-acre parcel of his farm that was chemically fallowed, he calls Monsanto and asks them to remove the plants. In 2000, a federal court issued an injunction barring him from growing any plants containing the company’s patented genes and cells (see March 29, 2001). A team of Monsanto investigators shows up and offers to remove the plants. But before they do so, they ask him to sign a legal release, prohibiting him from speaking publicly about the settlement terms and releasing the company of all liability. Schmeiser refuses. “I flatly refused to sign any release that would take my freedom of speech or my rights away,” he says. “They must think I’m absolutely crazy I would ever sign my rights away.” According to the company’s inspectors, the plants appear to have grown in a uniform pattern inconsistent with pollen flow. They also say that it is not normal for canola plants to flower in late September. In a letter dated September 30, Schmeiser responds that the dispersal pattern of the plants are not uniform and are thickest by the road, which is what one would expect if they germinated from seed blown of trucks or from a neighboring farm. He also notes that canola seeds may germinate at any point during the year, if conditions are right. With neither side willing to give in to the other’s demands, Schmeiser removes the plants himself on October 21. Monsanto spokesperson Trish Jordan insists the company is under no legal obligation to remove plants that show up in fields uninvited. [Western Producer (Saskatoon), 10/26/2005]

Entity Tags: Monsanto, Percy Schmeiser, Trish Jordan

Timeline Tags: Seeds

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