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Crash by a US Army B-25 bomber on July 28, 1945.Crash by a US Army B-25 bomber on July 28, 1945. [Source: NPR]A B-25 bomber crashes into the Empire State Building in New York City on July 28, 1945, causing 14 deaths. Lieutenant Colonel William Franklin Smith Jr. is piloting a B-25 Mitchell bomber on a routine personnel transport mission from Boston to LaGuardia Airport. Smith asks for clearance to land, but is advised of zero visibility. Proceeding anyway, he is disoriented by the fog, and starts turning right instead of left after passing the Chrysler Building. At 9:40 a.m., the plane crashes into the north side of the Empire State Building, between the 78th and 80th floors, carving an 18-foot hole in the building where the offices of the National Catholic Welfare Council are located. One engine shoots through the side opposite the impact. It flies as far as the next block where it lands on the roof of a nearby building and starts a fire that destroys a penthouse. The other engine and part of the landing gear plummet down an elevator shaft. The resulting fire is extinguished in 40 minutes. It is the only fire at such a height that is ever successfully controlled. Fourteen people are killed in the incident and one person is injured. Despite the damage and loss of life, the building opens for business on many floors the following Monday. The crash helps spur the passage of the long-pending Federal Tort Claims Act of 1946, allowing people to sue the government for the accident. [National Public Radio, 7/28/2008]

Entity Tags: William Franklin Smith Jr., Empire State Building

Timeline Tags: Complete 911 Timeline

Frank Sturgis, one of the Watergate burglars.Frank Sturgis, one of the Watergate burglars. [Source: Bettmann / Corbis]A covert unit of President Nixon’s “Plumbers” installs surveillance equipment in the headquarters of the Democratic National Committee in Washington’s Watergate hotel and office complex. The Washington police report an attempt to unscrew a lock on the door of the Committee’s office between 11 p.m. and 8 a.m., but do not know as yet who tried to force the lock. Some of the five men caught burglarizing the same offices six weeks later (see 2:30 a.m.June 17, 1972) are currently registered at the Watergate Hotel, according to subsequent police investigations. [Washington Post, 6/18/1972; Gerald R. Ford Library and Museum, 7/3/2007]
Change of Plans - According to one of the burglary team (see April-June 1972), Eugenio Martinez, the original plan centers on a fake “banquet” in the Watergate hotel for their fake company, the Ameritus Corporation, to be held in a private dining room that has access to the elevators. While team leader and White House aide E. Howard Hunt hosts the banquet, Martinez and the other burglars will use the elevator to go to the DNC offices and “complete the mission.” Virgilio Gonzalez, a locksmith, will open the door; Frank Sturgis, Reinaldo Pico, and Felipe de Diego will act as lookouts; Bernard Barker will get the documents; Martinez will take photographs; and James McCord will “do his job,” apparently involving electronics that Martinez does not understand.
First Time Failure - Apparently they do not follow their plan. Instead, Hunt and the seven members of what Martinez calls “McCord’s army” enter the Watergate complex at midnight, and they enter and sign in under the eye of a policeman. McCord explains that they are all going to work at the Federal Reserve offices on the eighth floor, an explanation Martinez feels is shaky. They are unable to get in through the doors of the sixth floor, and are forced to cancel the operation. Martinez recalls that while the others attempt to get in to the sixth floor, McCord is busy doing something else on the eighth floor; at 2 a.m., he sees McCord on the eighth floor talking to two guards. What McCord is doing, Martinez does not know. “I did not ask questions, but I thought maybe McCord was working there,” he will later recall. “It was the only thing that made sense. He was the one who led us to the place and it would not have made sense for us to have rooms at the Watergate and go on this operation if there was not someone there on the inside.” Hunt is furious at the failure to get into the DNC offices, and reschedules the operation for the next night. Gonzales flies to Miami and brings back his entire set of lockpicking tools. Martinez questions the laxity of the plan—the lack of floor plans, information about the elevators, knowledge of the guards’ schedules, and no contingency plans for failure. Hunt tells him, through Barker: “You are an operative. Your mission is to do what you are told and not to ask questions.”
Success - The second try is successful. Gonzalez and Sturgis get through the doors and usher everyone in, with one of them calling over their walkie-talkie, “The horse is in the house.” Martinez recalls taking “thirty or forty” photographs of campaign contributor documents, and McCord plants three phone taps, telling the others that while the first two might be discovered, the third will not. They return to their hotel rooms about 5 a.m. [Harper's, 10/1974]

Entity Tags: Reinaldo Pico, US Federal Reserve, Richard M. Nixon, Felipe de Diego, Democratic National Committee, Bernard Barker, ’Plumbers’, Frank Sturgis, James McCord, E. Howard Hunt, Eugenio Martinez

Timeline Tags: Civil Liberties, Nixon and Watergate, Elections Before 2000

A Navy photo of Mark Essex.A Navy photo of Mark Essex. [Source: US Navy / Crime Magazine]Mark James “Jimmy” Robert Essex, a 23-year-old African-American who served as a dental technician in the US Navy (and was stationed in California while many of his fellow soldiers were serving in Vietnam), launches a killing spree in New Orleans that results in nine dead and 13 wounded.
History of Racial Complaints, Membership of Extremist Group - Essex is apparently driven by racism and anger over what he considers to be personal and historical slights; while stationed in San Diego, he filed numerous complaints about being treated unfairly due to his race, and was disciplined several times for engaging in fights with white sailors. While in the Navy, Essex became interested in the Black Panthers, and befriended a fellow recruit, a Black Muslim who had a record of violent crime before entering the service. A friend of Essex’s in the Navy later recalls Essex changing drastically, “in a matter of weeks,” after meeting his new friend. Essex was court-martialed for going AWOL (absent without leave), and told the court during the proceedings, “I had begun to hate all white people.” He was discharged with a diagnosis of “character and behavior disorders,” and went to New York City for a time, where he immersed himself in a chapter of the Black Panthers and the members’ revolutionary, violent rhetoric. He rejoined his Navy friend in New Orleans in August 1972, where he has lived until now.
Spree Begins - In preparation for the spree, Essex carries a .38 revolver with the serial number removed, a Ruger .44 Magnum carbine rifle, a gas mask, firecrackers, lighter fluid, and ammunition. Essex begins his spree by hiding in a parking lot close to the New Orleans Police Department, and with the Ruger shoots two police officers, Cadet Alfred Harrell and Lieutenant Horace Perez. Harrell, an African-American, dies, while Perez survives his wounds. Essex misses his intended target, Cadet Bruce Weatherford. Harrell is the only African-American Essex shoots. It is impossible to know if Essex deliberately fires on a fellow African-American or simply does not recognize Harrell’s race. As the police respond to the shooting, Essex sets off diversionary firecrackers, jumps a chain-link fence, and flees, accidentally dropping the revolver, the gas mask, and some ammunition. He then breaks into a warehouse, setting off a silent alarm. Essex waits quietly for the police to respond to the break-in. Two officers respond. One, Edwin Hosli, receives a Ruger bullet in the back as he steps out of his car. His partner returns fire and calls for backup. The police swarm over the warehouse, but Essex has already fled. Hosli will die of his wounds two months later. Evidence shows that Essex may have been wounded by gunfire, or had cut himself on broken glass. The police discover clothing, a filter canister for a gas mask, 50 .38-caliber shells, and three unfired .44 magnum cartridges. The hunt for Essex leads into a poor, predominantly African-American area of the city known as Gert Town. Some of the officers theorize that the shooter deliberately dropped the three .44 cartridges to lead them into Gert Town, a theory bolstered by their subsequent discovery of a “trail” of cartridges. They follow the trail to the deserted Saint Mark Baptist Church. Detective Emmett Dupas later tells a writer: “It was clear that it was a trap, that we were being set up. The bullets were always in pairs and always pointed in the same direction.” [Crime Magazine, 7/11/2011; New Orleans Times-Picayune, 12/16/2011; TruTV, 2012]
Dodging the Police - While planning how best to enter the church without exposing themselves to the shooter’s fire, the officers learn that Chief of Police Clarence Giarrusso has called off the search. Throughout the night and the early morning, Giarrusso’s office has received numerous complaints from residents about the heavy police presence in Gert Town, and the sometimes-harsh search methods being used, with officers kicking in doors and searching homes without warrants. That evening the church pastor spots Essex inside the church and runs to a neighbor’s house to call the police. By the time police arrive, Essex is gone. On January 2, about 6 p.m., Essex enters a grocery store near the church, wearing a bloodied bandage on his left hand. He buys lipstick and makeup and departs; the store owner, suspicious because of the number of news reports about the escaped shooter, alerts the police. The police are unable to find Essex. During the evening of January 3, the police respond to a tip that the shooter is hiding inside another church in Gert Town. The police fail to find Essex, but they do find a bag of .38-caliber cartridges and a note, later proven to have been written by Essex, apologizing to the pastor for breaking into the church. On the morning of January 7, Essex returns to the store, shoots the owner, and flees in a stolen car.
Howard Johnson's - Essex hides in a parking garage adjacent to a Howard Johnson’s Hotel near City Hall and other government buildings, and gains access to the hotel’s 18th floor through a door that has been propped open. He frightens three black housekeepers, but tells them not to worry, that he is only hunting whites. He runs across Dr. Robert Steagall and Steagall’s wife Betty; Steagall attempts to stop Essex, but after a brief struggle for the weapon, Essex shoots Dr. Steagall in the chest and then Mrs. Steagall in the back of the head, killing them both. He uses his lighter fluid to set the Steagalls’ room on fire, and drops a black, green, and red African flag on the floor beside the two. He then breaks into the 11th floor via the stairwell, and sets fires in empty rooms all along the corridor. Essex kills assistant manager Frank Schneider on the 11th floor. As smoke billows out of the hotel window and the switchboard lights up with calls about an armed man in the hallway, Essex goes to the 10th floor, where he shoots and kills hotel general manager Walter Collins. As police and firemen respond to the reports, Essex, now on the 8th floor, shoots hotel guest Robert Beamish while Beamish is standing next to the pool far below. Beamish survives the gunshot. Essex, setting more fires on the 8th floor, spots fireman Tim Ursin climbing a ladder to the 11th floor, and shoots him in the forearm. Policeman Bill Trapagnier, climbing behind Ursin, returns fire. New Orleans police surround the hotel, many of them carrying personal weaponry. (TruTV writer Chuck Hustmyre will later explain that the New Orleans Police Department, like most urban police departments, has not yet implemented what will come to be known as SWAT teams, so the police lack high-powered weaponry and body armor.) Essex fires at the officers from his perch on the 8th floor, earning cheers from some of the onlookers when he shoots. Essex wounds Officer Ken Solis in the shoulder and Sergeant Emanuel Palmisano in the arm and back while Palmisano tries to help Solis. He kills Officer Philip Coleman with another head shot while Coleman is also attempting to help Palmisano and Solis. And, after climbing to the 16th floor, he shoots Officer Paul Persigo in the head, killing him instantly. He also wounds an ambulance driver and a fire chief.
Command Post - Giarrusso, now on site, sets up his command post in the Howard Johnson’s lobby, forcing his officers to run a “gauntlet” of police and sniper gunfire to enter and exit the post. Deputy Police Chief Louis Sirgo assembles a team of five volunteers to rescue two officers trapped in an elevator near the top of the hotel. Essex is waiting on the 16th floor for them. When they arrive, Essex kills Sirgo with a shot to the spine and flees to the hallway. He mounts the roof. Police in the command post are beside themselves, and many think they are facing a team of assailants, not a single lone gunman. Erroneous reports flood the police airwaves, some claiming that as many as three shooters are in the hotel and that they have hostages. Giarrusso orders another group of officers up the stairwells, to locate and isolate the shooter(s) and, if possible, to force him or them onto the roof. One group of officers reaches the rooftop, and smashes its way through the locked door. Essex is waiting. He shoots Officer Larry Arthur in the stomach; Arthur manages to return fire before collapsing, though his shotgun blast misses Essex. More officers rush the roof. Giarrusso wants to secure the roof before nightfall if possible, but twilight is already coming.
Helicopter - Marine Corps Lieutenant Colonel Chuck Pitman volunteers to fly a Coast Guard helicopter into the area. Pitman, a Vietnam veteran recuperating from a leg wound suffered in combat, takes two Marine sergeants armed with M-14 rifles with him for protection. By the time they are airborne, it is entirely dark and the hotel shrouded in fog. Giarrusso sends a group of armed volunteers with Pitman into the helicopter. By this time, Essex is somewhat pinned down by Officer Antoine Saacks, an ex-Marine who has brought an M-16 with a thousand rounds of ammunition and has trapped Essex behind the protection of a cinderblock cubicle wall. Saacks asks permission to go up with Pitman and drop onto the roof, but Giarrusso refuses to allow him to drop out of the copter. Instead, Pitman and the heavily-armed police officers, including Saacks, ascend beside the roof. Pitman uses a spotlight to search the roof, while Saacks and the other sharpshooters rake the roof with gunfire. They lay down so much fire that Saacks actually expends all one thousand rounds of ammunition, and they are forced to return for more ammunition before going up a second time and them a third time. Meanwhile, Essex is returning fire, accurately; the helicopter takes several hits. Finally Saacks determines that the sniper is using a metal water pipe to move back and forth from the protection of the cinderblock alcove to another spot on the roof where he can shoot. Saacks and the other police officers pour fire into the water pipe, causing it to split open.
Killed by a Hail of Gunfire - The gunfire flushes Essex onto the roof, where the searchlight spots him as he snaps off return fire at the helicopter. “I saw him come out of the dark,” Pitman later recalls. Essex fires a bullet directly at Pitman, but strikes the transmission housing instead. The helicopter hovers 10 feet off the roof and less than 50 feet from Essex as Saacks reloads for the final exchange. “I just walked the bullets right into him,” Saacks later recalls. Saacks’s gunfire is joined by fire from other officers, including a group that has reached the roof. Essex is killed by the onslaught of gunfire; over 200 bullet wounds are later counted. One sniper later recalls that the medical team had to use “a scooper” to remove Essex’s remains.
'Shrine' of Racial Hatred - Police continue to hunt into the next day for Essex’s presumed cohorts, but find nothing. Police eventually identify Essex, and break into his apartment, to find what Hustmyre later terms “a shrine dedicated to his hatred.” Racist graffiti covers his wall space, with the words “hate” and “kill” repeated over and over again. Police find Muslim and Black Panthers newsletters, a copy of the book Black Rage, and a map with the locations of the police department and the Howard Johnson’s Hotel circled. Trapagnier will be one of a number of officers still unsure that Essex operated on his own. He later tells a Times-Picayune reporter, “My gut feeling is, I shot at two different people.”
Warning Letter - The New Orleans television station WWL turns over a handwritten note Essex had sent it sometime in late December. Station personnel had not opened the letter until January 6, the day before Essex’s spree, and had not realized the note was connected with the shootings until afterwards. The police crime lab later proves the note was written by Essex. It reads in its entirety: “Africa greets you. On Dec. 31, 1972, aprx. 11 p.m., the downtown New Orleans Police Department will be attacked. Reason—many, but the death of two innocent brothers will be avenged. And many others. P.S. Tell pig Giarrusso the felony action squad ain’t sh_t.” He signed the note “Mata’.” The 900-page police report later concludes with the following statement concerning Essex’s motive: “What he intended to achieve will probably remain in the grave with him.” The New York office of the Black Panther Party will send a note of condolence to Essex’s parents, calling Essex a “warrior and revolutionary.” The New Orleans Times-Picayune will state that Essex harbored “an insane hatred of the police.” [New Orleans Times-Picayune, 12/16/2011; TruTV, 2012]

Entity Tags: Bruce Weatherford, Robert Beamish, Bill Trapagnier, Robert Steagall, US Department of the Navy, WWL-TV, Black Panthers, Alfred Harrell, Antoine Saacks, Betty Steagall, Paul Persigo, New Orleans Times-Picayune, Walter Collins, Mark James (“Jimmy”) Robert Essex, Clarence Giarrusso, Chuck Pitman, Chuck Hustmyre, Edwin Hosli, New Orleans Police Department, Philip Coleman, Horace Perez, Emmett Dupas, Ken Solis, Emanuel Palmisano, Louis Sirgo, Larry Arthur

Timeline Tags: US Domestic Terrorism

Timothy McVeigh, a white supremacist engaged in plotting to blow up 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), drives to the Murrah Federal Building with his friend, bookkeeper and part-time gun dealer Michael Fortier (see February - July 1994 and October 21 or 22, 1994); McVeigh tells Fortier that he intends to bomb the building (see September 13, 1994). [Mickolus and Simmons, 6/1997, pp. 810; Serrano, 1998, pp. 82-83; Douglas O. Linder, 2001]
Concealing Blasting Caps, Going to Pick Up Stolen Weapons - McVeigh comes to Fortier’s Kingman, Arizona, home from New Mexico, and meets the Fortiers at the local Mohave Inn. Lori Fortier wraps two boxes of blasting caps stolen by McVeigh (see October 4 - Late October, 1994) in Christmas wrapping paper. The plan is for McVeigh and Michael Fortier to drive to Oklahoma City in McVeigh’s car to scout the Murrah location, then drive to Council Grove, Kansas, to pick up weapons McVeigh says his friend and fellow conspirator Terry Nichols stole to help finance the bombing (see November 5, 1994)—adding that he wishes Nichols had killed the victim of the robbery, Roger Moore, when he stole the weapons. In Council Grove, they will rent a car. Fortier will take the weapons back to Arizona in the rental and sell them. McVeigh will drive north with the blasting caps. Fortier will later say he is more interested in the weapons than he is in any bombing plot, as McVeigh says he can have half of the profits from their sale. Both Fortier and his wife later say that Fortier has no intentions of joining McVeigh in carrying out any violence.
Discussions of Bombing Plans - During the drive to Oklahoma City, McVeigh and Fortier pass a large Ryder storage truck, and McVeigh tells Fortier he wants to use a truck similar to that for the bombing, but a size larger. Nichols has already decided against targeting a federal building in Kansas, and McVeigh and Nichols have determined that no federal building in Dallas would serve as a good target, so the Murrah Building in Oklahoma City is the best choice, McVeigh says, in part because he believes (erroneously) that the building “was where the orders for the attack on Waco came from” (see April 19, 1993 and April 19, 1993 and After). He also confides in Fortier that he believes his attack will mark the first shot in a general anti-government, white supremacist uprising similar to that depicted in his favorite novel, The Turner Diaries (see 1978). When they arrive at the Murrah Building, they drive around the building twice. Fortier observes that the elevator shaft in the building might stop it from collapsing entirely. They stop in the parking lot and look at the building from several angles; after about 20 minutes, a nervous Fortier tells McVeigh, “Let’s leave.” McVeigh says that he is considering remaining inside the truck after parking it outside the Murrah Building and setting the fuse. A shaken Fortier says that would amount to “suicide,” but McVeigh, Fortier recalls, replies that he may decide to “stay inside and shoot anyone who tried to stop him.” McVeigh shows Fortier an alley behind the YMCA building across the street in which he can hide a getaway car. He is also mulling over having their mutual friend Terry Nichols “follow and wait” for him, presumably to help him escape the scene of the blast. McVeigh shows Fortier the loading zone for the Murrah Building, a good place, he says, to park the bomb-laden truck. According to Fortier, McVeigh is also considering driving “the truck down the stairs and crash[ing] it through the front doors.” McVeigh complains about Nichols, whom he calls “the old man,” apparently showing signs of backing out of the plot. Nichols’s waffling is part of the reason McVeigh is interested in soliciting Fortier’s involvement.
Viewing the 'Stash' - After leaving Oklahoma City, McVeigh and Fortier drive to the storage shed in Council Grove, Kansas (McVeigh using back roads to avoid the major highways where, he says, the government has set up spy cameras, and staying overnight at a Junction City, Kansas, motel), where McVeigh and Nichols are storing explosive materials for the bomb (see November 7, 1994). McVeigh shows Fortier the “stash,” as Fortier will later call it. They drive to Manhattan, Kansas, where McVeigh rents a gray Chevrolet Caprice; they drive back to Council Grove, eat at a Pizza Hut, and load the Caprice with about 30 guns, also being stored at the shed. Fortier then drives back to Kingman in the Caprice; McVeigh drives back to Michigan in his 1988 Chevrolet Spectrum Turbo, where he is staying with a friend (see December 18, 1994), taking three of the stolen guns, some stolen ammunition, and the Christmas-wrapped blasting caps with him. [PBS Frontline, 1/22/1996; New York Times, 5/13/1997; Serrano, 1998, pp. 83-85, 90-91, 97, 106] In 1998, author Richard A. Serrano will write that Fortier drove back to Kingman in a Ford Crown Victoria, not a Caprice, and that the two chose the Ford because of its generous trunk space, necessary for storing the guns. Serrano will write that Fortier rented the Crown Victoria at a Hertz rental firm in Manhattan. According to Serrano, Fortier drives west towards Kingman, not stopping for sleep until he pulls over at a rest stop on the Arizona-New Mexico border, while McVeigh drives his Chevrolet to Michigan. [Serrano, 1998, pp. 106-107]

Entity Tags: Murrah Federal Building, Lori Fortier, Roger E. (“Bob”) Moore, Timothy James McVeigh, Terry Lynn Nichols, Michael Joseph Fortier, Richard A. Serrano

Timeline Tags: US Domestic Terrorism

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

FBI Special Agent Louis Michalko is given the task of sorting through the last 15 months of sales receipts from the Mid-Kansas Cooperative grain elevator in McPherson, Kansas. FBI investigators have found a September 30, 1994 receipt from this company in the home of suspected Oklahoma City bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and May 1, 1995), and believe that the 4,000 pounds of ammonium nitrate fertilizer used in the bomb (see 8:35 a.m. - 9:02 a.m. April 19, 1995) were purchased from this company (see September 23, 1994, September 30, 1994, and October 18, 1994). Michalko goes to the company headquarters in Moundridge, Kansas, and sorts through 132,000 receipts. He learns that during that 15-month period, only one person, Mike Havens, paid cash for over 1,000 pounds of ammonium nitrate. Only two other customers bought more than 1,000 pounds of the fertilizer during that time period, a local experimental field and a school district, and Havens is the only one to have paid in cash. The FBI will later learn that “Mike Havens” was an alias used by Nichols to buy the fertilizer. Michalko determines that “Havens” bought some 4,000 pounds of fertilizer. Mid-Kansas employee Jerry Showalter will later testify that he took part in the September 30 sale to “Havens,” but cannot identify Nichols as the person who bought the fertilizer. Showalter will tell authorities that “Havens” told him he wanted to fertilize a field with a drill apparatus. [Chicago Tribune, 5/3/1997; Serrano, 1998, pp. 221-; Associated Press, 5/30/2004]

Entity Tags: Terry Lynn Nichols, Federal Bureau of Investigation, Jerry Showalter, Mid-Kansas Cooperative, Louis Michalko

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

Giuliani’s emergency command center.Giuliani’s emergency command center. [Source: CNN]New York City Mayor Rudolph Giuliani opens a $13 million emergency command center on the 23rd floor of World Trade Center Building 7. [Newsday, 9/12/2001] The center is intended to coordinate responses to various emergencies, including natural disasters like hurricanes or floods, and terrorist attacks. The 50,000 square foot center has reinforced, bulletproof, and bomb-resistant walls, its own air supply and water tank, beds, showers to accommodate 30 people, and three backup generators. It also has rooms full of video monitors from where the mayor can oversee police and fire department responses. It is to be staffed around the clock and is intended as a meeting place for city leaders in the event of an act of terrorism. [CNN, 6/7/1999; London Times, 9/12/2001; Glanz and Lipton, 2004, pp. 233] The center is ridiculed as “Rudy’s bunker.” [Time, 12/22/2001] Author Philip Shenon will later comment that it “seemed the supreme example of how Giuliani’s ego and arrogance knew no bounds after four years in office,” and: “WABC Radio mocked Giuliani with a name-that-bunker contest for its listeners. Among the most popular entries: ‘Rudy’s Nuclear Winter Palace’ and ‘The Nut Shell.’” It is criticized because of the cost and because of the location, next to the WTC towers, one of the city’s top terrorist targets. In addition, the high floor it is on means it is vulnerable to power, water, and elevator outages. [Shenon, 2008, pp. 346-347] Most controversial is the 6,000-gallon fuel tank. In 1998 and 1999, Fire Department officials warn that the fuel tank violates city fire codes and poses a hazard. According to one Fire Department memorandum, if the tank were to catch fire it could produce “disaster.” Building 7 will be destroyed late in the day on 9/11; some suspect this tank helps explains why. [New York Times, 12/20/2001]

Entity Tags: Rudolph (“Rudy”) Giuliani, Office of Emergency Management, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey.A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey. [Source: Pensito Review]Miami-Dade County election officials vote unanimously to halt the county’s manual recount of presidential ballots (see November 7, 2000 and Before 10:00 a.m. November 19, 2000), saying the county does not have enough time to complete its recount by the November 26 deadline. Instead, they vote to recount only 10,750 “undervotes,” ballots that don’t clearly indicate a presidential choice. The decision costs Democratic candidate Al Gore a 157-vote gain from the halted recount process. That evening, a Florida State appeals court denies a motion by Democrats to force Miami-Dade County to restart the manual recount. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Opposing Beliefs - The next day, the Florida Supreme Court will also refuse to order Miami-Dade to restart the recount (see 2:45 p.m. November 23, 2000). Press reports say that the decision “dramatically reverse[s] the chances of Al Gore gathering enough votes to defeat George W. Bush.” Gore’s senior campaign advisor William Daley calls the recounts “mandatory” and calls for “the rule of law” to be upheld. For his part, Bush says: “I believe Secretary Cheney and I won the vote in Florida (see After 3:30 a.m. November 8, 2000). And I believe some are determined to keep counting in an effort to change the legitimate result.” In light of the Miami-Dade decision, the Bush campaign’s chief legal advisor James Baker invites the Republican-controlled Florida Legislature to unilaterally declare Bush the victor, saying, “One should not now be surprised if the Florida legislature seeks to affirm the original rules.”
Agitators Disrupt Recount Proceedings - The recount proceedings are disrupted and ultimately ended by a mob of Republicans, some local and some bussed and flown in from Washington by the Bush campaign. The agitators are protesting outside the Miami-Dade County election offices, shouting and attempting to interfere with the proceedings of the canvassing board. Republicans have accused a Democratic lawyer of stealing a ballot. [Guardian, 11/23/2000; Guardian, 11/25/2000]
Rioters Made Up of Republican Staffers, Others - Democrats accuse Republican protesters of intimidating the Miami-Dade County officials into stopping the recount. Democratic vice-presidential candidate Joe Lieberman says the demonstrations in Miami have been orchestrated by Republicans “to intimidate and to prevent a simple count of votes from going forward.” Six Democratic members of the US Congress demand the Justice Department investigate the claims, saying that civil rights have been violated in “a shocking case of undermining the right to vote through intimidation and threats of violence.” Jenny Backus, a spokeswoman for the Democratic National Committee (DNC), says, “The Republicans are out of control,” and accuses them of using paid agitators to “create mob rule in Miami.” [Guardian, 11/25/2000] Later investigations show that the “spontaneous protests” by Republican protesters were far more orchestrated and violent than generally reported by the press at the time. Investigative journalist Robert Parry will write that the protests, called the “Brooks Brothers Riot” because of the wealthy, “preppie” makeup of the “protesters,” helped stop the recount, “and showed how far Bush’s supporters were ready to go to put their man in the White House.” He will write that the protests should be more accurately termed a riot. At least six of the rioters were paid by the Bush recount committee, payments documented in Bush committee records only released to the IRS in July 2002 (see July 15, 2002). Twelve Republican staffers will later be identified in photographs of the rioters. The six who can be confirmed as being paid are: Bush staffer Matt Schlapp from Austin, Texas; Thomas Pyle, a staff aide to House Majority Whip Tom DeLay (R-TX); DeLay fundraiser Michael Murphy; Garry Malphrus, House majority chief counsel to the House Judiciary Subcommittee on Criminal Justice; Charles Royal, a legislative aide to Representative Jim DeMint (R-SC); and former Republican House staffer Kevin Smith. Another Republican is identified as Doug Heye, a staffer for Representative Richard Pombo (R-CA). At least three of the rioters—Schlapp, Malphrus, and Joel Kaplan—will later join the Bush White House. Many of the rioters were brought in on planes and buses from Washington as early as mid-November, with promises of expenses payments. On November 18, 2000, the Bush campaign told activists, “We now need to send reinforcements” to rush to Florida. “The campaign will pay airfare and hotel expenses for people willing to go.” Many of the respondents are low-level Republican staffers from Congress. “These reinforcements… added an angrier tone to the dueling street protests already underway between supporters of Bush and Gore,” Parry will write. Quoting ABC reporter Jake Tapper, Parry will write, “The new wave of Republican activists injected ‘venom and volatility into an already edgy situation.’” Signifying the tone, before the Miami riot, Brad Blakeman, Bush’s campaign director of advance travel logistics, screamed down a CNN correspondent attempting to interview a Democratic Congressman: “This is the new Republican Party, sir! We’re not going to take it anymore!” [Consortium News, 11/27/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004] Some of the local protesters are summoned to the Miami-Dade electoral offices by angry broadcasts over radio stations with largely Cuban-American audiences; over these radio stations, listeners hear Bush campaign lawyer Roger Stone, coordinating the radio response, say that the recounts intend to disenfranchise Hispanic voters. Republican operatives coordinate the protests by shouting orders through megaphones. [Consortium News, 11/24/2000; Center for American Progress, 12/9/2010] Cuban-Americans voted heavily for Bush in the November 7 election. [Tapper, 3/2001]
Details of the Riot; Staffers Assaulted and Beaten - After learning that the Miami-Dade County canvassing board was beginning to examine 10,750 disputed ballots that had not previously been counted, US Representative John Sweeney (R-NY) issues the order to “Shut it down!” (Sweeney is coordinating his efforts with a local Cuban congressman who himself is coordinating the Cuban-American mob response.) Brendan Quinn, the executive director of the New York Republican Party, tells some two dozen Republican operatives outside the Miami-Dade County election offices to storm the room on the 19th floor where the canvassing board is meeting. Tapper later writes: “Emotional and angry, they immediately make their way outside the larger room in which the tabulating room is contained. The mass of ‘angry voters’ on the 19th floor swells to maybe 80 people,” including many of the Republican activists from outside Florida, and joined by local protesters. As news organizations videotape the scene, the protesters reach the board offices and begin shouting slogans such as “Stop the count! Stop the fraud!” “Three Blind Mice!” and “Fraud, fraud, fraud!” and banging on doors and walls. The protesters also shout that a thousand potentially violent Cuban-Americans are on the way. Official observers and reporters are unable to force their way through the shouting crowd of Republican operatives and their cohorts. Miami-Dade spokesman Mayco Villafena is physically assaulted, being pushed and shoved by an unknown number of assailants. Security officials, badly outmanned, fear the confrontation will swell into a full-scale riot. Miami-Dade elections supervisor David Leahy orders the recounts stopped, saying, “Until the demonstration stops, nobody can do anything.” (Although board members will later insist that they were not intimidated into stopping, the recounts will never begin again. Leahy will later say: “This was perceived as not being an open and fair process. That weighed heavy on our minds.”) Meanwhile, unaware of the rioting, county Democratic chairman Joe Geller stops at another office in search of a sample ballot. He wants to prove his theory that some voters had intended to vote for Gore, but instead marked an adjoining number indicating no choice. He finds one and leaves the office. Some of the rioters spot Geller with the sample ballot, and one shouts, “This guy’s got a ballot!” Tapper will later write: “The masses swarm around him, yelling, getting in his face, pushing him, grabbing him. ‘Arrest him!’ they cry. ‘Arrest him!’ With the help of a diminutive DNC [Democratic National Committee] aide, Luis Rosero, and the political director of the Miami Gore campaign, Joe Fraga, Geller manages to wrench himself into the elevator.” Rosero stays behind to attempt to talk with a reporter, and instead is kicked and punched by rioters. A woman shoves Rosero into a much larger man in what Tapper will later theorize was an attempt to start a fight between Rosero and the other person. In the building lobby, some 50 Republican protesters and activists swarm Geller, surrounding him. Police escort Geller back to the 19th floor in both an attempt to save him from harm and to ascertain what is happening. The crowd attempts to pull Geller away from the police. Some of the protesters even accost 73-year-old Representative Carrie Meek (D-FL). Democratic operatives decide to leave the area completely. When the mob learns that the recounts have been terminated, they break forth in lusty cheers.
After-Party - After the riots, the Bush campaign pays $35,501.52 for a celebration at Fort Lauderdale’s Hyatt Regency, where the rioters and campaign officials party, enjoy free food and drink, receive congratulatory calls from Bush and Dick Cheney, and are serenaded by Las Vegas crooner Wayne Newton, singing “Danke Schoen,” German for “thank you very much.” Other expenses at the party include lighting, sound system, and even costumes.
Media Reportage - Bush and his campaign officials say little publicly about the riot. Some press outlets report the details behind the riots. The Washington Post later reports that “even as the Bush campaign and the Republicans portray themselves as above the fray,” national Republicans actually had joined in and helped finance the riot. The Wall Street Journal tells readers that Bush offered personal words of encouragement to the rioters after the melee, writing, “The night’s highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking reference by both running mates to the incident in Miami, two [Republican] staffers in attendance say.” The Journal also observes that the riot was led by national Republican operatives “on all expense-paid trips, courtesy of the Bush campaign.” And, the Journal will note, the rioters went on to attempt to disrupt the recounts in Broward County, but failed there to stop the proceedings. The Journal will write that “behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida,” with DeLay’s Capitol Hill office taking charge of the recruitment. No similar effort was made by the Gore campaign, the Journal will note: “This has allowed the Republicans to quickly gain the upper hand, protest-wise.” And the Journal will write that the Bush campaign worked to keep its distance from the riots: “Staffers who joined the effort say there has been an air of mystery to the operation. ‘To tell you the truth, nobody knows who is calling the shots,’ says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events.” But soon, media reports begin echoing Bush campaign talking points, which call the “protests” “fitting, proper,” and the fault of the canvassing board: “The board made a series of bad decisions and the reaction to it was inevitable and well justified.” The Bush campaign says the mob attack on the elections office was justified because civil rights leader Jesse Jackson had led peaceful, non-violent protests in favor of the recounts in Miami the day before. The campaign also insists that the protests were spontaneous and made up entirely of local citizens. On November 26, Governor Marc Racicot (R-MT), a Bush campaign spokesman, will tell NBC viewers: “Clearly there are Americans on both sides of these issues reflecting very strong viewpoints. But to suggest that somehow this was a threatening situation, in my view, is hyperbolic rhetoric.”
Effect of the Riot - According to Parry, the riot, broadcast live on CNN and other networks, “marked a turning point in the recount battle. At the time, Bush clung to a lead that had dwindled to several hundred votes and Gore was pressing for recounts (see November 20-21, 2000). The riot in Miami and the prospects of spreading violence were among the arguments later cited by defenders of the 5-to-4 US Supreme Court ruling (see 9:54 p.m. December 12, 2000)… that stopped a statewide Florida recount and handed Bush the presidency. Backed by the $13.8 million war chest, the Bush operation made clear in Miami and in other protests that it was ready to kick up plenty of political dust if it didn’t get its way.” In the hours after the riot, conservative pundits led by Rush Limbaugh will engage in orchestrated assaults on the recount process as fraudulent and an attempt by the Gore campaign to “invent” votes. No one is ever charged with any criminal behaviors as a result of the riot. [Consortium News, 11/24/2000; Washington Post, 11/27/2000; Village Voice, 12/19/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004; Center for American Progress, 12/9/2010]

CIA headquarters in Langley, Virginia.CIA headquarters in Langley, Virginia. [Source: GlobeXplorer]A fire lasting several hours leads to the forced evacuation of the CIA headquarters in Langley, Virginia. [Reuters, 8/8/2001] The fire is discovered on August 7 at around 5:45 p.m., in the northeast section of the agency’s older headquarters building, and more than 60 firefighters are involved in putting it out. It was reportedly caused by a workman at the top of an elevator shaft dropping a welder, which ignited wood at the bottom of the shaft. Both the older headquarters building and the agency’s new headquarters building nearby are evacuated. Following this fire, A. B. “Buzzy” Krongard—the executive director of the CIA since March this year—is dismayed to find that plans for an evacuation of the headquarters are patchy, and that some of the fire alarms do not work. In the ensuing month he therefore initiates regular fire drills and equips key agency officials with tiny walkie-talkies, meaning communication will still be possible should cell phones ever go out. Krongard declares that evacuating safely is to be more important than storing classified material, and has the agency’s computer network reprogrammed so an evacuation warning could be flashed on all computer screens. Journalist and author Ronald Kessler will describe the August 7 fire as being “fortuitous,” as little over a month later, on the morning of September 11, CIA Director George Tenet will order the evacuation of the headquarters building due to fears that it might be targeted (see (9:50 a.m.-10:00 a.m.) September 11, 2001). On that day, Tenet and other top officials will reconvene at an alternate location on the CIA campus, “[f]ollowing procedures laid out by Krongard after the fire.” [Central Intelligence Agency, 3/16/2001; Associated Press, 8/7/2001; Washington Post, 8/8/2001; Kessler, 2003, pp. 222-223]

Entity Tags: A.B. (“Buzzy”) Krongard, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During the 9/11 catastrophe, around 200 people die in the WTC’s elevators without getting help from elevator mechanics, according to an in-depth study later performed by USA Today. Some of the victims are burned by the initial explosion, some die as the elevator cars plummet when their cables are severed, and some are stuck and perish in the collapse. USA Today will say it “could not locate any professional rescues of people stuck in elevators. The Fire Department of New York and the Port Authority also could not cite successful rescues.” After the North Tower is hit, most of the WTC’s 83 elevator mechanics gather in the lobby of the South Tower, but when the second plane hits, they evacuate. In contrast, a passing elevator mechanic from another company runs into the WTC and dies trying to free trapped passengers. USA Today will comment: “When the World Trade Center was bombed in 1993, Otis Elevator’s mechanics led the rescue of 500 people trapped in elevators. Some mechanics were dropped onto the roofs of the Twin Towers by helicopter. Others, carrying 50-pound oxygen tanks on their backs, climbed through smoke to machine rooms high in the towers. On Sept. 11, the elevator mechanics—many of the same men involved in the rescues in 1993—left the buildings after the second jet struck, nearly an hour before the first building collapsed.” Although ACE Elevator, the local company which won the WTC contract from Otis in 1994, will say it was acting in accordance with procedure, USA Today will note: “The departure of elevator mechanics from a disaster site is unusual. The industry takes pride in rescues. In the Oklahoma City bombing in 1995, elevator mechanics worked closely with the firefighters making rescues.” Robert Caporale, editor of Elevator World will say, “Nobody knows the insides of a high-rise like an elevator mechanic. They act as guides for firefighters, in addition to working on elevators.” The Port Authority will also say that their departure was in conflict with the emergency plan. “There was no situation in which the mechanics were advised or instructed to leave on their own.” [USA Today, 12/19/2001; USA Today, 9/4/2002]

Entity Tags: World Trade Center, ACE Elevator, Port Authority of New York and New Jersey, Robert Caporale

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The air traffic control tower at Washington’s Reagan National Airport is evacuated, after it is informed that a suspicious aircraft—presumably Flight 93—is heading its way.
Warning of Approaching Aircraft - In the control tower, supervisor Chris Stephenson receives a call from the FAA’s Herndon Command Center, telling him: “You have another [aircraft] headed your way. Confirmed bomb on board.” This information also makes it to the Terminal Radar Approach Control (TRACON) at the airport. Around this time, the Command Center changes the information it has for Flight 93’s flight plan, so that it shows a destination of Reagan Airport (see 9:55 a.m. September 11, 2001). This means air traffic controllers are now able to track the flight on their situation displays. But in response to the news that the approaching aircraft has a bomb on board, the facility manager at Reagan Airport becomes concerned about the safety of his employees and decides to evacuate the control tower.
Tower Controllers Evacuated - Dan Creedon, a controller in the TRACON, tries calling the tower repeatedly, to pass on the manager’s instruction to evacuate, but he is unable to get through. He therefore leaves his post and takes the elevator up the tower. Once he reaches the control tower cab, he announces that there are to be “minimum bodies” in the tower, with only a skeletal staff remaining. Four controllers therefore volunteer to leave. [Spencer, 2008, pp. 215-216] (Seven or eight controllers usually work in the tower during a given shift, so this would mean three or four controllers remain there. [9/11 Commission, 7/28/2003 pdf file] )
Terminal Being Evacuated - When they make it down to the airport terminal, the controllers find that it too is being evacuated. Police are yelling at the crowd: “Everybody’s got to go! There are no more flights! Leave your stuff! Just go! It doesn’t matter where you go, just get away from the airport.”
Other Controllers Head to Mobile Unit - The controllers who had remained behind decide they too should leave the tower and relocate to an emergency mobile unit. Before doing so, they temporarily turn over the command and control of their airspace to Washington, DC, police helicopters. They are then escorted by members of the Secret Service down from the tower and through the terminal. [Spencer, 2008, pp. 216]

Entity Tags: Chris Stephenson, Federal Aviation Administration, Dan Creedon, Ronald Reagan Washington National Airport

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Will Jimeno.Will Jimeno. [Source: Todd Plitt / USA Today]Some witnesses reportedly see a massive fireball at ground level, coming from the South Tower just before it starts to collapse. According to a report by the Mineta Transportation Institute (a research institute founded by Transportation Secretary Norman Mineta), “People inside the South Tower felt the floor vibrate as if a small earthquake were occurring.… The vibration lasted for about 30 seconds. The doors were knocked out, and a huge ball of flame created by the exploding diesel fuel from the building’s own supply tank shot from the elevator shaft and out the doors of the South Tower, consuming everything in its path. Minutes later, at 9:59 a.m., the tower collapsed.” [Jenkins and Edwards-Winslow, 9/2003, pp. 16] Around the same time, Port Authority Police Officer Will Jimeno is in a corridor leading toward the North Tower. “Suddenly the hallway began to shudder,” and he sees “the giant fireball explode in the street,” when the South Tower begins to collapse. [Bowhunter, 1/2003] Ronald DiFrancesco is the last person to make it out of the South Tower before it collapses. As he is heading toward the exit that leads onto Church Street, he hears a loud roar as the collapse begins. According to the Ottawa Citizen, “Mr. DiFrancesco turned to his right in the direction of Liberty Street, to see a massive fireball—compressed as the South Tower fell—roiling toward [him].” He bolts for the exit, before being knocked unconscious and blown many yards across the street. [USA Today, 12/18/2001; Ottawa Citizen, 6/4/2005; Ottawa Citizen, 6/5/2005; PBS NOVA, 9/5/2006] A number of other witnesses report feeling the ground shaking just seconds before the South Tower collapses (see Shortly Before 9:59 a.m. September 11, 2001).

Entity Tags: Will Jimeno, World Trade Center, Ronald DiFrancesco

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Rotanz.Richard Rotanz. [Source: University of Delaware]Richard Rotanz, the deputy director of New York’s Office of Emergency Management, assesses the state of World Trade Center Building 7 and sees significant damage inside the building. [BBC, 7/6/2008; BBC, 10/17/2008] WTC 7 was damaged by the debris when the North Tower of the WTC collapsed at 10:28 a.m. (see 10:28 a.m. September 11, 2001). [National Institute of Standards and Technology, 11/2008, pp. 16] At around 12:30 p.m., according to the BBC, Rotanz and some other officials—whose identities are unstated—go into WTC 7 to see what condition the building is in. “At the time the building wasn’t safe, but we had to make an assessment just the same,” Rotanz will later tell the BBC. He will describe what he observes inside WTC 7, saying: “You could hear the building creak above us. You could hear things fall. You could hear the fire burning. You could see columns just hanging from the floors, gaping holes in the floors up above us.” He also sees “an elevator car that was blown out of its shaft” and is now “down the hall.” [BBC, 7/6/2008; BBC, 10/17/2008] The elevator car is “30 or 40 feet away from where the elevator shaft once was,” according to another account. [Aegis Insurance Services, Inc. v. 7 World Trade Center Company, LP, 12/4/2013 pdf file] Rotanz and those with him soon leave the building. “We didn’t spend that long” inside WTC 7, Rotanz will say. Rotanz has also observed significant damage to the exterior of WTC 7 (see (After 10:28 a.m.) September 11, 2001). [BBC, 10/17/2008] At around 2:30 p.m., senior firefighters will make the decision to abandon the possibility of fighting the fires in WTC 7 (see (2:00 p.m.-2:30 p.m.) September 11, 2001). The building will collapse at around 5:20 p.m. (see (5:20 p.m.) September 11, 2001). [National Institute of Standards and Technology, 9/2005, pp. 111]

Entity Tags: Richard Rotanz, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After meeting with a small group of his key advisers in the Presidential Emergency Operations Center (PEOC) below the White House (see (9:00 p.m.-10:00 p.m.) September 11, 2001), President Bush is heading for the elevator to go back upstairs, when he is stopped by a Secret Service agent. The agent tells him, “You’ll be sleeping down here tonight.” Bush says no. When the agent tries to argue about it, Bush repeats, “No, I’m not going to.” He later says his reasons for refusing the Secret Service agent’s instruction are, firstly, “the bed [in the PEOC] looked unappetizing. Secondly, it was a little stale in there. And I needed sleep.” The agent acquiesces, but warns, “If we have any threats, we will come and get you.” Bush then heads up to his bedroom. [Newsweek, 12/3/2001; Sammon, 2002, pp. 133-134] But, shortly after going to bed, the president and first lady will be rushed down to the PEOC due to a false alarm over an approaching plane (see 11:08 p.m. September 11, 2001).

Entity Tags: US Secret Service, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dr. Abolhassan Astaneh-Asl examines steel from the World Trade Center.Dr. Abolhassan Astaneh-Asl examines steel from the World Trade Center. [Source: University of California, Berkeley]An engineer investigating the remains of the World Trade Center sees melted girders and other evidence that the towers experienced extreme temperatures on 9/11. Dr. Abolhassan Astaneh-Asl is a professor of civil and environmental engineering at the University of California, Berkeley. He specializes in studying structural damage done by earthquakes and terrorist bombings. [Chronicle of Higher Education, 12/7/2001; CBS News, 3/11/2002] He arrives in New York on September 19 to conduct a two-week scientific reconnaissance of the collapsed towers, hoping to gain an understanding of how they had come down. His project is one of eight financed by the National Science Foundation to study the WTC disaster. [New York Times, 10/2/2001; Berkeleyan, 10/3/2001; US Congress. House. Committee on Science, 3/6/2002] He examines numerous pieces of steel taken from Ground Zero. [Chronicle of Higher Education, 12/7/2001] Astaneh-Asl will describe the WTC as “the best-designed building I have ever seen.” [San Francisco Chronicle, 10/22/2001] Yet he notices unusual warping and other damage in its remaining steel:
bullet At a recycling center in New Jersey, he sees 10-ton steel beams from the towers that look “like giant sticks of twisted licorice.” [Chronicle of Higher Education, 12/7/2001] He shows the San Francisco Chronicle a “banana-shaped, rust-colored piece of steel” that has “twisted like toffee during the terrorist attack.” [San Francisco Chronicle, 10/22/2001]
bullet He later recalls, “I saw melting of girders in [the] World Trade Center.” [PBS, 5/10/2007]
bullet He notes that steel has bent at several connection points that had joined the floors of the WTC to the vertical columns. He describes the connections as being smoothly warped, saying, “If you remember the Salvador Dali paintings with the clocks that are kind of melted—it’s kind of like that.” He adds, “That could only happen if you get steel yellow hot or white hot—perhaps around 2,000 degrees.” [Chronicle of Higher Education, 12/7/2001]
bullet Astaneh-Asl says that steel flanges have been reduced “from an inch thick to paper thin.” [Berkeleyan, 10/3/2001]
bullet He finds a foot-long twisted shard of steel that is “like a piece of bread, but it was high-strength steel.” He comments, “I haven’t seen anything like this [before].” [Berkeley Daily Planet, 10/20/2001]
bullet He finds “severely scorched [steel] members from 40 or so floors below the points of impact [by the planes].” He believes this is the result of the planes having destroyed the elevator walls, thereby allowing burning jet fuel to pour down into the building, igniting fires hundreds of feet below the impact floors. [CBS News, 3/12/2002]
bullet He says that, in some places, the fireproofing used to protect the WTC steel has “melted into a glassy residue.” [New York Times, 10/2/2001]
bullet Astaneh-Asl sees a charred I-beam from WTC Building 7, which collapsed late in the afternoon of 9/11. “The beam, so named because its cross-section looks like a capital I, had clearly endured searing temperatures. Parts of the flat top of the I, once five-eighths of an inch thick, had vaporized.” [New York Times, 10/2/2001]
Other individuals will report seeing molten metal in the remains of the World Trade Center in the weeks and months after 9/11 (see September 12, 2001-February 2002), and data collected by NASA reveals dozens of “hot spots” (some over 1,300 degrees Fahrenheit) at Ground Zero (see September 16-23, 2001). But Thomas Eagar—an engineering professor at the Massachusetts Institute of Technology—later comments that the “temperature of the fire at the WTC [on 9/11] was not unusual, and it was most definitely not capable of melting steel.” [Eagar and Musso, 12/2001] Yet Astaneh-Asl will later put forward the “tentative” conclusion, “The collapse of the [Twin Towers] was most likely due to the intense fire initiated by the jet fuel of the planes and continued due to burning of the building contents.” [Astaneh-Asl, 11/30/2003 pdf file] Astaneh-Asl is a member of the team assembled by the American Society of Civil Engineers to investigate the World Trade Center site after 9/11 (see September 12, 2001), though he will resign from this because he disagrees with its decision to keep findings secret until the initial inquiry has been completed. [New York Times, 10/2/2001; Associated Press, 9/6/2002]

Entity Tags: World Trade Center, Thomas Eagar, Abolhassan Astaneh-Asl

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Before their scheduled meeting with FBI supervisor Mike Feghali, translators Sibel Edmonds and Kevin Taskasen meet with FBI field agent Dennis Saccher to discuss how they will present their findings to Feghali on efforts by translator Melek Can Dickerson to protect certain surveillance targets. After the short pre-meeting, they take an elevator and run into Feghali who—unaware that the two translators had just met with Saccher—tells them that Saccher can’t make the meeting because “he’s been sent out somewhere in the field.” Saccher later tells Edmonds that he had been told the meeting was postponed. After the meeting, Saccher’s superiors order him off the case and, in an unprecedented move, prohibit him from obtaining copies of Edmond’s translations, even though he is the one in charge of Turkish counter-intelligence. He chooses not to resist, citing his concern that he might be assigned “to some fucked-up office in the land of tornadoes.” [Vanity Fair, 9/2005] In a 2005 interview, Edmonds will assert that the efforts to bury her allegations did not originate in the FBI, but rather “came directly from the Department of State.” According to Edmonds, the State Department was concerned that her findings might jeopardize high-level criminal operations involving certain US allies. [Anti-War (.com), 8/15/2005]

Entity Tags: Melek Can Dickerson, Kevin Taskasen, Sibel Edmonds, Dennis Saccher, US Department of State, Mike Feghali

Timeline Tags: Complete 911 Timeline

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

Arnold Schwarzenegger.Arnold Schwarzenegger. [Source: Los Angeles Times]Six women report being touched in a sexually inappropriate manner by actor and California gubernatorial candidate Arnold Schwarzenegger over the last three decades. The women say Schwarzenegger groped and fondled them on movie sets, in movie studio offices, and in other settings, all without their consent. The Los Angeles Times writes that three of the women say Schwarzenegger “grabbed their breasts,” a fourth says Schwarzenegger “reached under her skirt and gripped her buttocks,” a fifth reports reports that Schwarzenegger “groped” her and tried to pull off her bathing suit in a hotel elevator, and a sixth, according to the Times, says “Schwarzenegger pulled her onto his lap and asked whether a certain sexual act had ever been performed on her.” The incidents go back to the 1970s, with one taking place in 2000. One woman says of her encounter with Schwarzenegger, “Did he rape me? No. Did he humiliate me? You bet he did.” Schwarzenegger, a Republican, is the front-runner in the gubernatorial recall elections, to be held on October 7. A campaign spokesman, Sean Walsh, says Schwarzenegger never engaged in any inappropriate conduct towards women, and adds that he believes California Democrats are “trying to hurt [his] campaign.… We believe that this is coming so close before the election, something that discourages good, hard-working, decent people from running for office.” None of the women were identified by any of Schwarzenegger’s rivals, and none came forward on their own; they were all found and interviewed by Times reporters. Schwarzenegger has a history of being accused of sexual impropriety, with accusations ranging from lewd and inappropriate comments to physical assault; the Times reports some of those older allegations as well. No one has ever filed legal charges against Schwarzenegger, and many of his Hollywood colleagues defend his behavior, calling him “fun” and “charming.” [Los Angeles Times, 10/2/2003] Within hours, the Schwarzenegger campaign will launch a powerful counterattack against the charges, and conservative pundits, backing the actor’s campaign, will accuse the Times and other media outlets of “liberal bias” and of attempting to destroy Schwarzenegger’s political career with unfounded accusations (see October 2-October 8, 2003).

Entity Tags: Sean Walsh, Los Angeles Times, Arnold Schwarzenegger

Timeline Tags: Domestic Propaganda

US Senate candidate Rand Paul (R-KY), a favorite of the tea party movement, speaks out against the Americans with Disabilities Act of 1990 (ADA—see July 26, 1990) during an interview. [Think Progress, 5/17/2010] The ADA was sponsored by Congressional Democrats and signed into law by then-President George H. W. Bush. The ADA “prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.” Recently, it has been attacked by conservative pundits and candidates, largely because businesses have to spend money to comply with its mandates. [Media Matters, 9/7/2010; US Department of Labor, 2011] Paul says that he favors local governments being able to decide whether disabled people have the rights under the legislation; requiring businesses to provide access to disabled people, Paul argues, isn’t “fair to the business owner.” Paul says: “You know a lot of things on employment ought to be done locally. You know, people finding out right or wrong locally. You know, some of the things, for example we can come up with common sense solutions—like for example if you have a three-story building and you have someone apply for a job, you get them a job on the first floor if they’re in a wheelchair as supposed to making the person who owns the business put an elevator in, you know what I mean? So things like that aren’t fair to the business owner.” [Think Progress, 5/17/2010]

Entity Tags: Americans with Disabilities Act of 1990, George Herbert Walker Bush, Rand Paul

Timeline Tags: Domestic Propaganda

Craig Cobb, a white supremacist (see October 31, 2005) hiding from a Canadian arrest warrant somewhere in the United States, calls on his supporters to launch violent attacks against Jews and US government installations, according to information from the SITE Intelligence Group, a terrorism monitoring group in Washington State. Cobb, whom authorities belive is in Montana, writes that he prefers his followers decide on “doing something they haven’t yet done before” for the white supremacist cause rather than offer him help. He cites three instances of violence as examples of the kind of action he is calling for: Joe Stack, who in 2010 crashed his Piper Dakota plane into a federal building in Austin, Texas, killing himself and an IRS manager (see February 18, 2010); James von Brunn, who shot a guard at the US Holocaust Museum (see June 10, 2009 and After); and Joseph Paul Franklin, a serial killer motivated by his hatred of African-Americans and Jews (see 1980). “History may turn” if a few more people conduct such attacks, Cobb writes. Terry Wilson of the Royal Canadian Mounted Police (RCMP) says of Cobb, “Money doesn’t motivate him at all; he only wants money to survive.” Cobb, through an intermediary, posts his message on the extremist Vanguard News Network. In other messages, he has taunted Wilson, telling the RCMP officer he could find Cobb “in the orange easy chair near the elevator at Flathead County Library, Kalispell, MT, 10-8 M-Th, or 11-5 Fridays and Saturdays, Terry.” Cobb operated his own “hate Web site” from Vancouver between mid-2009 and his arrest at the Vancouver Public Library in June 2010. Cobb fled to the United states hours after his arrest, as the RCMP was forced to release him because of a delay in filing federal hate-crime charges. He has been a fugitive from Canadian justice since them. Cobb was born in Missouri, gained dual Canadian citizenship after living in Canada in the 1970s, and began his white supremacist activities on the Internet in 2005, while living in Estonia. He was deported by Estonian authorities in August 2009, and then returned to Canada. Cobb has also encouraged his followers to join the Creativity Movement, another violent white supremacist organization (see 2009). He calls himself “The Orson Welles/Julian Assange of White Nationalism.” [CTV, 1/7/2011; Vancouver Sun, 1/26/2011]

Entity Tags: Vanguard News Network, Andrew Joseph Stack, Craig Cobb, James von Brunn, Joseph Paul Franklin, SITE Intelligence Group, World Church of the Creator, Terry Wilson

Timeline Tags: US Domestic Terrorism

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