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Federal authorities investigating the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) find the address left on suspect Timothy McVeigh’s recent hotel registration (see April 13, 1995 and 3:30 a.m. April 18, 1995). The address is of the family farm owned by James Nichols, the brother of McVeigh’s co-conspirator Terry Nichols. Late in the evening of April 20, FBI investigators speak with two detectives from Sanilac County, Michigan, David Hall and Paul Cowley. Hall and Cowley had gathered information about bombing experiments that had taken place on a farm belonging to James Nichols (see December 22 or 23, 1988 and October 12, 1993 - January 1994). By 9 a.m. on April 21, Hall and Cowley facilitate an interview between the investigators and Kelly Langenburg, James Nichols’s ex-wife. By this time, Langenburg has spoken with her son Chase and gathered more information for the investigators. After speaking with the investigators, the agents tell local police officers that “[t]his is the best information we’ve received so far, and we’re going to run with [James Nichols].” Langenburg also tells the agents that Terry Nichols had been married to her sister, Lana Padilla (see March 24, 1988 - Late 1990 and November 1988). Agents then contact Padilla in Las Vegas, and on April 21, teams of agents interview her and her son Joshua, Nichols’s son. She confirms that she has spoken to Nichols earlier this day, and gives the FBI his address in Herington, Kansas (see (February 20, 1995)). She says that Nichols is “an associate” of McVeigh’s. At this point, the FBI considers James Nichols a more likely suspect for a co-conspirator than Terry Nichols. [New York Times, 6/27/1996; Serrano, 1998, pp. 200]
Suspected Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), currently being held without bond in the El Reno Federal Corrections Center (see April 21, 1995), has his 1977 Mercury Marquis trucked to the FBI warehouse from where he was forced to leave it on the highway (see April 13, 1995 and 9:03 a.m. -- 10:17 a.m. April 19, 1995) and thoroughly searched. A handwritten sign, apparently left under the windshield, is in the car; it reads: “Not abandoned. Please do not tow. Will move by April 23. Needs battery and cable.” The battery and cables are in working order; FBI investigators believe the sign was placed under a windshield wiper when McVeigh left the car in an alley near the Murrah Building to serve as his getaway vehicle (see April 16-17, 1995). They also find a thick manila envelope stuffed with anti-government documents on the front seat. Supervisory Special Agent Steven Burmeister and Agent William Eppright photograph the envelope, then, wearing protective gear, open it. Inside are two stacks of papers folded into thirds and a single note written in McVeigh’s handwriting that reads, “Obey the Constitution of the United States and we won’t shoot you.” Eppright and Burmeister put the envelope in a plastic container and continue processing the car. They then examine the documents in the envelope. They include excerpts from The Turner Diaries (see 1978), with some passages highlighted; a recounting of the Battle of Lexington and Concord from the Revolutionary War that was originally misdated April 29, 1775, and corrected by McVeigh to read April 19, 1775; documents railing against taxation and overzealous government agents; documents urging the weakening of the federal government in favor of states’ rights; and one article claiming the government has “initiate[d] open warfare against the American people.” Many of the articles are about the Branch Davidian siege and its tragic ending (see April 19, 1993 and April 19, 1993 and After), including an article from Soldier of Fortune magazine that claims the government committed “acts of treason, murder, and conspiracy” during the siege. The smallest clipping contains a quote from Revolutionary War leader Samuel Adams, printed in big letters: “When The Government Fears the People, THERE IS LIBERTY. When The People Fear the Government, THERE IS TYRANNY.” Under these words, McVeigh has written, “Maybe now there will be liberty!” Eppright dates and initials the clipping, and replaces the envelope and all its contents in its container. [Serrano, 1998, pp. 217-220]
The FBI says it has ascertained the identity of “John Doe No. 2,” a second suspect in the Oklahoma City bombing (see April 18, 1995, 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 20, 1995). The bureau says it believes “No. 2” is from Oklahoma, but is unsure of his current whereabouts. The FBI does not release the name of the suspect. [New York Times, 4/22/1995] The FBI’s announcement may be related to information it has gleaned from witnesses in Herington, Kansas, who told investigators that they had seen both “John Doe No. 1” (bombing suspect Timothy McVeigh—see April 21, 1995) and “No. 2” staying with McVeigh’s alleged co-conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995) at Nichols’s Herington home (see (February 20, 1995)). [New York Times, 4/26/1995] Two months later, the FBI will announce that “No. 2” is an Army private with no connection to the bombing (see June 14, 1995).
A former co-worker in New York identifies 27-year-old Timothy McVeigh, suspected of being the Oklahoma City bomber (see 8:35 a.m. - 9:02 a.m. April 19, 1995), as “John Doe No. 1” depicted in police drawings (see April 20, 1995). Authorities issue a warrant for McVeigh’s arrest, and quickly learn that he is under arrest in the Noble County Courthouse in Perry, Oklahoma, for misdemeanor weapons charges (see After 10:17 a.m. April 19, 1995); a check of McVeigh’s Social Security number matches one flagged by the FBI as belonging to a suspect in the bombing, a check made because McVeigh is from out of state. McVeigh is arrested by federal agents less than an hour before making $5,000 bail on the charges. “He came desperately close to making bail,” Assistant District Attorney Mark Gibson will later say. [Washington Post, 4/22/1995; New York Times, 4/22/1995; New York Times, 4/22/1995; New York Times, 4/22/1995; New York Times, 6/3/1997; Douglas O. Linder, 2001] This afternoon, Joe Wolfinger, the head of the FBI’s Buffalo, New York, office, calls Niagara County Sheriff Tom Beilein and asks him to run a background check on McVeigh, who grew up in Pendleton, New York, just below the US-Canadian border (see 1987-1988). Beilein will later report he finds nothing. Deputies from Beilein’s force along with state police officers meet with federal agents at the home of McVeigh’s father, Bill McVeigh, who is stunned by the news that his son may be the one responsible for the bombing. Police soon find themselves working to keep members of the local and national media from overrunning the house. A state police officer lowers the McVeighs’ American flag to half-mast. [Stickney, 1996, pp. 24, 179-180] It is likely that the former co-worker is Carl Lebron, who once worked with McVeigh as a security guard (see April 20-21, 1995).
The business card Timothy McVeigh hid under his car seat. [Source: TruTV]Trooper Charles Hanger, who arrested Oklahoma City bombing suspect Timothy McVeigh (see 9:03 a.m. -- 10:17 a.m. April 19, 1995), remembers McVeigh fidgeting under the seat of his squad car after being handcuffed and placed in the front passenger seat. Hanger searches the seat and finds a business card shoved underneath. The card belongs to Paulsen’s Military Supply in Antigo, Wisconsin. On the back are notes written by McVeigh: “TNT at $5 a stick. Need more. Call after May 1.” It also has the name “David” written on it. Hanger also finds a private security badge he had taken from McVeigh; he had slipped it into his shirt pocket and forgotten about it. He turns both over to the FBI. Federal investigators will use the card to conclude that McVeigh intended to execute more bombings. Two military supply dealers, Edward Paulsen of Antigo, Wisconsin, and his son David Paulsen, of Melrose Park, Illinois, will later testify as to their possible interactions with McVeigh. [New York Times, 4/29/1995; Serrano, 1998, pp. 181]
Suspected Oklahoma City bomber Timothy McVeigh is transported from an Oklahoma jail cell to a helicopter, surrounded by police. [Source: The Oklahoman]White supremacist Timothy McVeigh, held in the Noble County Courthouse in Perry, Oklahoma, for misdemeanor weapons charges (see After 10:17 a.m. April 19, 1995), is identified as the FBI’s prime suspect in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), as “John Doe No. 1” depicted in police drawings (see April 20, 1995). According to Assistant District Attorney Mark Gibson, if the local judge had not been busy with a divorce case, McVeigh would have been arraigned and released the day before. “In most cases this guy would have been bonded out yesterday,” Gibson tells a reporter. “God was watching us.” Gibson learns of McVeigh’s status as the bombing suspect from Noble County Sheriff Jerry Cook, who is informed over the telephone by a BATF (Bureau of Alcohol, Tobacco and Firearms) agent in Washington, and is incredulous that the person being hunted throughout the nation (see After 10:00 a.m. April 19, 1995) is in his own rural courthouse. McVeigh is waiting outside a courtroom for his bail hearing and release; instead, Gibson escorts him back to his cell in an upper floor of the courthouse to await federal authorities. Cook shuts down the jail telephones and implements a security perimeter around the building. Judge Danny G. Allen, aware that McVeigh will soon be taken into federal custody, provides McVeigh a hearing on his traffic and weapons charges, and after listening to McVeigh denying ever doing anything illegal, sets McVeigh’s bail at $5,000 and sends him back to his cell. Shortly after noon, a group of FBI agents arrives in Perry via helicopter, with more on the way. By this time, many people in and around the courthouse are aware that McVeigh is the bombing suspect, and reporters are beginning to gather outside the courthouse. McVeigh attempts to telephone a local lawyer, but because Cook has shut the phones off, he is unable to get through. He angrily slams the phone down in its cradle, prompting jailer Farrell Stanley to later reflect that this moment is the only time anyone at the courthouse sees McVeigh display any emotion. (According to One of Ours, a 1998 book written about McVeigh and the bombing by Richard A. Serrano, McVeigh privately worries that he will be taken into FBI custody, tortured, and made to disappear without a trace.) [New York Times, 4/22/1995; Serrano, 1998, pp. 1-10]
Final Wait - Two FBI agents, James L. Norman Jr. and Floyd M. Zimms, arrive to take McVeigh into custody. One of them asks McVeigh if he knows why they are here, and McVeigh responds: “Yes. That thing in Oklahoma City, I guess.” McVeigh asks for a lawyer, and says he will give no more information save for name, age, and other routine information. “I will just give you general physical information,” he says. He refuses to respond to any further queries, instead listening to the increasingly loud and angry sound of the swelling crowd outside. He asks the agents, “Take me out the roof,” and explains that he wants to be taken out of the building via the roof. “Jack Ruby,” he says. “You remember what happened with Jack Ruby.” McVeigh is referring to the man who shot President Kennedy’s assassin Lee Harvey Oswald. McVeigh believes the Dallas police allowed Ruby to get close to Oswald, and does not want the same thing to happen to him. The agents refuse, but promise he will be well guarded, for his safety and that of his escorts. Senior FBI agent James Adams decides to take McVeigh out by a courthouse entrance, with the sheriff’s van backed up near the door. McVeigh and the surrounding agents and other officials will only be exposed to the crowd for a few minutes. Adams later says that he never thought to put a bulletproof vest on McVeigh. After another agent takes McVeigh’s fingerprints, McVeigh is brought back to his cell for one last, brief stay. On the way back, he sees news coverage of the crowd gathered around the courthouse. He tells fellow inmate Tiffany Valenzuela that he did not bomb the Murrah Federal Building, and says the sketch being circulated of the bombing suspects (see April 20, 1995) does not look like him. He asks Valenzuela to look out of her window and see if she can spot federal agents “on the roof” or “outside.” She advises him to relax, saying, “I’m sure they got the wrong man anyway.” He admits to being “kind of paranoid” because “everybody’s out there.” FBI agents take possession of McVeigh’s mug shot, his fingerprint card, booking receipts, clothing, and the mattress he slept on in his cell; the fingerprint card and other belongings will be tested for explosive residue.
Meeting with Local Lawyer - Local lawyer Royce Hobbs, who has been trying without success to meet with McVeigh, finally gets the meeting he has asked for after filing a petition with Judge Allen alleging that McVeigh is being held incommunicado. Allen allows the two to meet briefly, and Hobbs tells McVeigh to keep his mouth shut. [Stickney, 1996, pp. 191; Serrano, 1998, pp. 1-10]
Perp Walk - Federal agents take McVeigh out of his cell, place him in handcuffs and leg irons, and escort him out of the building. “I’m not scared,” McVeigh mutters to himself. “I’m not scared now.” He is escorted into the parking lot to the sheriff’s van. The crowd spots him and begins screaming imprecations: “Baby killer!” “Burn him!” “Rip his head off!” “Killer!” “Murderer!” and “B_stard!” McVeigh does not react, and shows no emotion during the brief “perp walk” to the van. He is taken to a helicopter and flown to Tinker Air Force Base outside of Oklahoma City. News broadcasts later show photographs and video of McVeigh being “perp walked” in an orange jumpsuit, surrounded by FBI agents as the crowd jeers and screams; these images are replayed thousands of times over the following days and months. [Washington Post, 4/22/1995; New York Times, 4/22/1995; New York Times, 4/22/1995; New York Times, 4/22/1995; Stickney, 1996, pp. 179; Serrano, 1998, pp. 1-10; Douglas O. Linder, 2001] One onlooker, Darrin Rucker, tells a reporter, “They should give him a taste of his own medicine and put him inside a bomb and blow it up.” [Washington Post, 4/22/1995] McVeigh later says he was focused on looking for snipers in the crowd, moving his eyes in the Z-pattern he had learned in the Army. He later says he wasn’t afraid to die, but was intent on surviving to tell his side of the story. [CNN, 12/17/2007] He also later says he twice asked for a bulletproof vest, but was “ignored” by the jailers. His sister Jennifer McVeigh will express her anger at the media’s response to her brother’s appearance. “What would they have said about any look he had?” she will ask. “I mean, what do they want? You want him to walk out with a big smile on his face? What would they say about that? What kind of look do they expect from someone who has just been accused of a crime like that? I think the sun was shining in his eyes, first of all. He was squinting. I think that was part of it.… How would you like it if a bunch of people were staring at you, screaming ‘Baby killer!’ I don’t think you can assume a reason for everything. You can’t assume a reason for the way somebody looks at all times.” [Stickney, 1996, pp. 178-179] McVeigh will be arraigned in a federal court hearing at Tinker Air Force Base (see April 21, 1995).
Entity Tags: US Bureau of Alcohol, Tobacco, Firearms and Explosives, Farrell Stanley, Tinker Air Force Base, Floyd M. Zimms, Darrin Rucker, Federal Bureau of Investigation, Danny G. Allen, Tiffany Valenzuela, Timothy James McVeigh, Richard A. Serrano, Royce Hobbs, James L. Norman, Jr, James Adams, Jerry Cook, Jennifer McVeigh, Murrah Federal Building, Noble County Courthouse (Perry, Oklahoma), Mark Gibson
Timeline Tags: US Domestic Terrorism
Federal authorities publicly identify Timothy McVeigh, the accused Oklahoma City bomber (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), as a member of the Michigan Militia (see October 12, 1993 - January 1994, April 1994, and January 1995), and say the Nichols brothers, his suspected co-conspirators, are also affiliated with the organization (see 3:15 p.m. and After, April 21-22, 1995). After McVeigh’s arrest, authorities discover residues of ammonium nitrate and high explosives in his car. They also find political documents and a note from 18th-century philosopher John Locke citing his “right” to kill “political oppressors.” The package includes a copy of the Declaration of Independence, material on the 1993 Branch Davidian assault (see April 19, 1993 and April 19, 1993 and After), material on Revolutionary War battles, an anti-government leaflet, and quotations from political philosophers. Included in the documents are copied passages from the overtly racist novel The Turner Diaries (see 1978 and April 21, 1995). Later examination of the copied pages show that the pages describe the bombing of FBI headquarters that, in the novel, touches off a white “Aryan” revolution and the subsequent slaughter of blacks and Jews. The Turner Diaries passage contains the following quote: “The real value of our attacks today lies in the psychological impact, not in the immediate casualties. For one thing, our efforts against the System gained immeasurably in credibility. More important, though, is what we taught the politicians and the bureaucrats. They learned today that not one of them is beyond our reach. They can huddle behind barbed wire and tanks in the city, or they can hide behind the concrete walls and alarm systems of their country estates, but we can still find them and kill them.” Another document in the car contains a quote from Revolutionary War leader Samuel Adams that reads: “When the government fears the people, there is liberty. When the people fear the government, there is tyranny.” Underneath, in McVeigh’s handwriting, is an additional note: “Maybe now, there will be liberty.” [Washington Post, 4/22/1995; Mickolus and Simmons, 6/1997, pp. 809; New York Times, 6/3/1997; Anti-Defamation League, 2005]
El Reno Federal Corrections Center. [Source: Federal Bureau of Prisons]White supremacist Timothy McVeigh, held by federal officials on suspicion of being the Oklahoma City bomber (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), is arraigned in a makeshift federal courtroom at Tinker Air Force Base near Midwest City, Oklahoma. He is arraigned before a federal magistrate on charges of maliciously damaging federal property. Merrick Garland, the head of the Justice Department’s criminal division in Washington, arrives in time to handle the hearing for the FBI. Garland is displeased by the lack of openness in the hearing, and arranges to have a dozen reporters in the “courtroom.” McVeigh, dressed in an orange jumpsuit and socks with no shoes, is led into the room and given a copy of the criminal complaint, or affidavit, against him. The affidavit is signed by an FBI agent, and in 14 paragraphs lays out the government’s case for holding McVeigh on suspicion of carrying out the bombing. The affidavit includes evidence given by Carl Lebron, McVeigh’s former fellow security guard (see April 20-21, 1995), though Lebron is not identified in the document. According to Lebron, McVeigh was “known to hold extreme right-wing views” and had been “particularly agitated” about the Branch Davidian debacle two years earlier (see April 19, 1993 and April 19, 1993 and After). The affidavit says McVeigh visited the site of the Davidian compound in Waco during the standoff (see March 1993), and later expressed “extreme anger at the federal government” and said the government “should never have done what it did.” Reporter Nolan Clay for the Daily Oklahoman later recalls: “He seemed like such a kid. I’ve covered courts for years, and I’ve seen hundreds of killers and usually they have an aura around them of being a killer. That look in their eyes. You can tell in their eyes they’re killers, and they are scary. But he looked like the kid next door. It’s true, that image about him. I was very surprised by that.” McVeigh enters no plea at the arraignment.
Transferred to Federal Prison - After the arraignment, McVeigh is transferred to the El Reno Federal Corrections Center, just west of Oklahoma City. [New York Times, 4/22/1995; Serrano, 1998, pp. 196-198] He is represented by two local lawyers, public defender Susan Otto and private attorney John Coyle, who has specialized in death penalty cases. [New York Times, 4/22/1995] At El Reno, McVeigh is held in a cell with thick glass walls eight feet high; Coyle has to shout through the glass so that McVeigh can hear him. [Stickney, 1996, pp. 223] According to law professor Douglas O. Linder, McVeigh tells Otto and Coyle, “Yes, I did the bombing.” Any such admission would be privileged and not divulged to law enforcement officials. [Douglas O. Linder, 2006]
Conditions of Incarceration - McVeigh refuses to provide any more information than his name, Army rank, and serial number, and allegedly tells investigators that he considers himself a prisoner of war. According to reporter Michelle Green, “The implication was clear: He saw himself as a revolutionary in the hands of the government he allegedly hoped to destroy.” [People, 5/8/1995] He will later deny reports that he considers himself a prisoner of war, and refused to give any information besides name, rank, and serial number (see June 26, 1995 and June 26, 1995). McVeigh is given the same privileges as most prisoners at El Reno, a medium-security federal facility: he is allowed to send and receive mail, read newspapers, receive visitors, and listen to the radio, though he has no television access. Reportedly during his time at El Reno he will receive at least four marriage proposals from women writing to him in prison. He will meet with his lawyers on a near-daily basis and will receive two visits from his father. He reads the Dallas Morning News and a number of right-wing publications, from the mainstream newspaper, the Washington Times, to the more extremist Spotlight, the John Birch Society’s New American, and a number of newsletters from militia leaders James “Bo” Gritz and Jack McLamb. [Stickney, 1996, pp. 194]
Entity Tags: Carl Edward Lebron Jr, John Coyle, Douglas O. Linder, Federal Bureau of Investigation, Tinker Air Force Base, El Reno Federal Corrections Center, Terry Lynn Nichols, Merrick Garland, Timothy James McVeigh, Michelle Green, Susan Otto, Nolan Clay
Timeline Tags: US Domestic Terrorism
Federal investigators probing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) visit Jennifer McVeigh, the sister of just-arrested bombing suspect Timothy McVeigh (see April 21, 1995). She is visiting a high school friend, Dennis Sadler, in Pensacola, Florida (see April 7, 1995). As she later recalls, she was driving Sadler to pick up his paycheck when she heard the news of her brother being connected to the bombing come over the car radio; stunned, she pulled the car over and began chain-smoking. Sadler drove them home, where she called her father for news. Sadler will recall being in the car with her when the news of her brother’s arrest came over the radio. According to one of Sadler’s roommates, David Huckaby, she later said, “I can’t believe I was saying the other day, ‘Hang this person,’ and it’s my brother” (see Mid-December 1994).
She Destroys Evidence - Jennifer McVeigh took a sheaf of clippings her brother had given her, including copied excerpts from the violently racist novel The Turner Diaries (see April 7, 1995 and April 15, 1995) into the laundry room behind the garage, and burned them. “I was scared,” she later tells investigators. “I just heard Tim’s name announced, so I figured you would come around sooner or later to talk to me.”
She Is Questioned - The questioning is cordial, according to Huckaby, but, he will later recall, one of the agents tells Jennifer, “If you don’t help us we’ll charge you, too.” Two days later, agents return with a warrant to search the house and her pickup truck. The search turns up a cache of books, letters, and documents, many of them expressing anti-government and white supremacist ideologies, sent to her by her brother (see March 9, 1995 and April 15, 1995). Agents show the roommates some of the letters sent to Jennifer by her brother; one of them reads in part: “Be careful on the phones, because the G-Men are watching. Use the pay phone.” Another instructs her not to try to contact him after April 1, 1995, “even if it’s an emergency.… Watch what you say, because I may not get it in time, and the G-men might get it out of my box, incriminating you.” The agents begin questioning Jennifer again, and this time, Huckaby will recall, she tells them, “I’m not going to help you kill my brother.” Huckaby and the other rooommates later tell reporters about her burning her brother’s papers. “She did it out of panic,” Sadler will recall, adding, “It was nothing that would have been important anyway.” Another roommate, John Donne, will tell reporters that she watched news reports of the bombing on television with the rest of them. “You couldn’t peel her away” from the set, Donne will recall. At some point during the broadcasts, Donne will say, she said, “Whoever did that should fry.” Authorities also search the McVeigh family home in upstate New York. [New York Times, 8/4/1995; Serrano, 1998, pp. 236-237]
"Fear Tactics" - Later, Jennifer McVeigh will accuse the investigators of using “fear tactics” to frighten her into talking. “They played a lot of games with me, a lot of things to get me talking,” she will tell a reporter from Time magazine. “They totally broke me down. I thought I could handle it on my own. I guess I couldn’t.… I didn’t have time to think things out. It was constant pressure altogether.” She will add that in a later session in her New York home: “They showed me pictures of burned, dead kids. They put me and my mother in this room with all these huge posters with my name and a picture all blown up with all these possible charges against me… like life imprisonment, death penalty, and this and that. My mother was in tears when we walked away; they just crushed her.” [New York Times, 8/14/1995] Investigators have, with consent, searched McVeigh’s father’s home in Pendleton, New York. [PBS Frontline, 1/22/1996]
Did She Know of the Bomb Plot? - In 1996, author Brandon M. Stickney will write that Jennifer McVeigh may have returned to Pendleton days earlier than reported, and hidden from police and press at her friend Mary Butler’s apartment in Lockport. A mutual friend later says that Butler was acting “very strange, almost scared out of her mind” in the days after the bombing. Butler told the friend, “You do not know the whole story” of the bombing, leading the friend to believe “she knew something was going on.” The friend will assert that Jennifer McVeigh was indeed staying with Butler. [Stickney, 1996, pp. 182]
James Nichols, the older brother of accused Oklahoma City bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995), is taken into FBI custody as a material witness. The FBI lacks evidence to immediately arrest James Nichols, but considers him a strong possibility of being a conspirator in the bombing plot (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 20-21, 1995). Shortly after the bombing, as James Nichols will later recall, FBI agents descended on his home town of Decker, Michigan, drawn there by the address given by suspected bomber Timothy McVeigh (see April 21, 1995) to a Kansas motel just days before the bombing. The address is that of Nichols’s family farm, where McVeigh has stayed frequently in the past (see April 20-21, 1995). At first, Nichols hears rumors of an “FBI raid” on Decker, and finds them hilariously “far-fetched.” He will later tell a reporter: “Decker? The Oklahoma City bombing? I mean, everyone knows that’s the kind of thing a terrorist or an intelligence agent would do in a foreign country, not something a hick from Podunk, USA would do to his fellow citizens, his own countrymen. Not a chance!” Nichols runs some errands in town, including putting down a $2,000 deposit on a tractor engine he is having rebuilt, when he drives into a roadblock put up by local police officers. He can see federal agents on his farm from the road, and identifies himself to a police officer. [Jerusalem Post, 4/23/1995; Serrano, 1998, pp. 232]
Taken into Custody - Nichols will later recall: “The government agents surrounding my farm possessed enough firepower to easily defeat a small planet. As I approached my driveway, an ATF (Bureau of Alcohol, Tobacco and Firearms, also called BATF) agent who mistakenly thought he was in a ninja movie—I could tell by the way he was dressed and by the way he acted—jumped in my car and ordered me not to move, while pointing an assault rifle at my face in a nervy menacing manner. This guy seemed to be a recruit from the KGB or Gestapo or something, and was obviously a loose cannon who was also a few bricks short of a full load—a prerequisite for any adult who wants to dress and act like a Ninja turtle.” The federal agents who arrived at Nichols’s farm had come dressed in SWAT outfits. Nichols will go on to talk about the “cold eyes of a fanatic” over “the barrel of a fully automatic assault rifle” trained on him as the agent steers him onto his property. “Does this guy want to take it out on me because he wasn’t fortunate enough to be involved in the turkey shoots at Waco (see August 31, 1992 and August 21-31, 1992) and Ruby Ridge (see April 19, 1993 and April 19, 1993 and After)?” Nichols will later recall wondering. Nichols is taken into custody and held on unrelated charges of conspiring with his brother and McVeigh to make explosive devices (see April 25, 1995), keeping him in a local prison.
Admits to Making Small Bombs on Farm - Nichols tells the agents that over the past few years, he has seen his brother and McVeigh make and detonate “bottle bombs” using brake fluid, gasoline, and diesel fuel. Sometimes he joined in with the bomb-making, he admits, but says the explosive devices were extremely small. He admits that McVeigh has stayed at the farm before, and says he believes “McVeigh had the knowledge to manufacture a bomb.”
Witnesses Add Details - A neighbor, Dan Stromber, tells agents that he had seen the Nichols brothers make explosive devices by mixing fertilizer, peroxide, and bleach in plastic soda bottles. “We’re getting better at it,” he recalls James Nichols saying to him. Stromber also says the brothers were angry and resentful over the sieges at Ruby Ridge, Idaho, and Waco, Texas, the same incidents to which James Nichols will later refer. “The judges and President Clinton should be killed” because of the incidents, Stromber recalls James Nichols saying. “The FBI and the ATF are to blame for killing the Branch Davidians at Waco.” Stromber also recalls a young man named Tim staying on the farm in 1994 (see October 12, 1993 - January 1994), and recalls him always wearing “camouflage clothing” and carrying “a pistol” with him. A second neighbor, Paul Izydorek, recalls the man’s last name as “McVeigh,” and recalls him taking part in the bomb experiments. A confidential source informs the FBI of two men’s attempts to buy liquid nitro model airplane fuel and 200 ziplock bags from a hobby store in Marlette, Michigan, one using the name “Tim Tuttle,” an alias used by McVeigh (see December 1993). And Indiana seed dealer Dan Shafer tells investigators about the 1988 incident where James Nichols drew a picture of a building remarkably similar to the Murrah Federal Building in Oklahoma City and talked about bombing it (see December 22 or 23, 1988).
Searching the Farm - Agents hold Nichols in custody for days, trying to determine what, if any, involvement he had in the bombing. They search his farm, and find large tanks of diesel fuel, 28 50-pound bags of ammonium nitrate fertilizer similar to that used in the Oklahoma City bombing, and, in a field by an outbuilding, find jagged-edged shards of metal that appear to be bomb shrapnel. In the farmhouse they find copies of far-right white supremacist magazines such as The Spotlight, a paper envelope with a document quoting Adolf Hitler, 28 blasting caps, a safety fuse, and a manual telling how to clear fields and ditches with dynamite. Videotapes alleging sinister government conspiracies at Ruby Ridge and Waco lie atop Nichols’s television set; copies of pamphlets written by Davidian leader David Koresh and photographs from the Waco siege lie on the floor. Discarded envelopes addressed to James Nichols from “T. Tuttle” lie nearby. [Serrano, 1998, pp. 232-235]
Entity Tags: Murrah Federal Building, Dan Shafer, Dan Stromber, James Nichols, Timothy James McVeigh, Terry Lynn Nichols, Paul Izydorek, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation
Timeline Tags: US Domestic Terrorism
White separatist Terry Nichols (see October 12, 1993 - January 1994, November 5, 1994, and November 5, 1994 - Early January 1995), learning that the federal authorities have connected him to the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), decides to turn himself in to local authorities in Herington, Kansas (see (February 20, 1995)). [Mickolus and Simmons, 6/1997, pp. 810; Douglas O. Linder, 2001; Nicole Nichols, 2003]
Drives to Police Station - It is unclear if Nichols knows that his ex-sister in law has cooperated with authorities (see April 20-21, 1995). He suspects that he is being watched, but does not realize that a team of three FBI agents from the mobile command post at Fort Riley is surveilling him, a single-engine FBI airplane is circling overhead, and a larger surveillance team is en route. The first agent to arrive is Stephen E. Smith, who learns little about Nichols from Police Chief Dale Kuhn except that the address they have for him in Herington is accurate. Smith then meets two other agents from the command post and they drive to Nichols’s home on Second Street. Nichols, who is listening to radio reports about the investigation, picks up a broken fuel meter from his garage, tells his wife Marife (see July - December 1990) he is going to “do something about” the meter, gives her $200, and loads her and their young daughter Nicole into his truck. Unbeknownst to Nichols, he and the family are being followed by Smith and the two agents, who saw him pulling out of his driveway. (At this moment, the FBI is more interested in Nichols’s brother James—see April 20-21, 1995. Smith’s primary assignment is to compile background information on James Nichols.) When a second car joins Smith’s car in tailing Nichols, he realizes he is being followed. Nichols waves at the cars. He then turns into the driveway of the local Surplus City store, steps out, then thinks better of it and re-enters his truck. Instead, he goes to the Herington Public Safety Building, which houses the local police station. He tells Marife that if agents ask her about his whereabouts on Easter Sunday (see April 16-17, 1995), she should tell them that he went to Oklahoma City, not Omaha as he had told her that day. The two FBI cars pull into the building parking lot close behind. [New York Times, 7/2/1996; Serrano, 1998, pp. 200-202]
'I Want to Talk to Somebody' - At 3:05 p.m., Nichols walks into the police station with his wife and their young daughter Nicole. Nichols is carrying his daughter in his arms; the FBI agents assume incorrectly that he intends to use her as a shield for possible gunfire. Marife Nichols will later describe her husband as “scared [and] anxious to know what’s going on.” According to Assistant Chief Barry W. Thacker: “He said: ‘My name is Terry L. Nichols. I just seen my name on television. I want to talk to somebody.’ I said: ‘Come on in. I think I can find somebody for you to talk to.’” Nichols, seemingly angry and agitated, says: “I’m supposed to be armed and dangerous. Search me.” Marife Nichols takes Nicole from her husband, and he removes his green jacket while Kuhn attempts to calm him. Outside, Smith and the other agents huddle together in the parking lot, worrying that Nichols may be attempting to take hostages in the police station. They call their supervisors in Kansas City; meanwhile, Kuhn reassures them that Nichols is not being belligerent. Shortly thereafter, Smith and the other agents enter the station. Nichols demands of them, “Why was my name on radio and television?” Smith explains they want to talk to him because he “is an associate of Timothy McVeigh.” The agents, along with some of the local constabulary, take Nichols to the basement and begin a lengthy interrogation session, led by Smith and fellow agent Scott Crabtree. Kuhn will testify that his officers tell Nichols three times that he is free to leave if he chooses. Instead, Nichols chooses to stay, telling one officer that “he was afraid to leave” and return to his home. From Washington, lead FBI counsel Howard Shapiro advises the agents to keep Nichols talking. [New York Times, 4/24/1995; New York Times, 7/2/1996; Serrano, 1998, pp. 202-203] FBI agents will interrogate Nichols and his wife Marife for nine hours (see 3:15 p.m. and After, April 21-22, 1995) and search Nichols’s property (see Evening, April 21, 1995 and After).
Entity Tags: Howard Shapiro, Dale Kuhn, Barry W. Thacker, Herington Public Safety Building (Kansas), Federal Bureau of Investigation, Timothy James McVeigh, Stephen E. Smith, Terry Lynn Nichols, Scott Crabtree, Nicole Nichols, James Nichols, Marife Torres Nichols
Timeline Tags: US Domestic Terrorism
Modern-day logo for the Lockport Union Sun & Journal. [Source: Lockport Union Sun and Journal]Brandon M. Stickney, a reporter for the Union Sun & Journal of Lockport, New York, receives a frantic phone call from his editor, Dan Kane, ordering him to go immediately to an address in Pendleton, New York, eight miles away. The man identified as a suspect in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Timothy McVeigh (see April 21, 1995), is from Pendleton, and his family still lives there. The address is of the McVeigh family home. Stickney, who will later write a book on McVeigh entitled All-American Monster, begins interviewing friends and family members over the following days and writing articles about McVeigh for his newspaper. Initially, some of the information Stickney garners is incorrect: one of his first articles reports that McVeigh was said to have hung out with a “less than reputable crowd” during his high school days at nearby Starpoint High, a statement that is contradicted by friends such as Pam Widner, who accurately characterizes McVeigh as an honor student. Widner steers Stickney towards people who knew McVeigh well, and the picture that Stickney compiles of McVeigh is that of a bright, personable young man with a strong interest in computers and a shy, awkward demeanor towards women, whose broken, troubled family life may have presaged his later actions (see 1987-1988). Widner “proved how easily the mass media could misrepresent McVeigh,” Stickney will later write. [Stickney, 1996, pp. 11-16, 74-75]
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
Marife Nichols, the wife of suspected Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995) who has accompanied her husband to voluntarily submit to questioning by law enforcement authorities (see 3:15 p.m. and After, April 21-22, 1995), is questioned for six hours by the FBI. Though she has requested to be present during the FBI’s search of her home, she is not present during that search, though she, like her husband, signs a form giving permission to let agents search the home. Marife Nichols later claims she does not understand her legal rights as explained to her during questioning (see June 28, 1996). The agents who question her tell her that while she has the right to a lawyer, the only reason she needs one is if she intends to lie to the investigators. During the interrogation, agents refuse to let her leave to get diapers for her young daughter Nicole from the truck. She is unaware that the agents are worried that Terry Nichols may have wired the truck to explode if it is tampered with; also, they want to examine the truck for evidence. Instead, an agent goes to a nearby store and gets fresh diapers for Nicole. She will be allowed to return to their house for brief periods over the next days, always escorted by police or FBI agents; one thing she wants to do is retrieve the $5,000 in cash and nine gold coins she has hidden under her bedroom mattress. When she finally gets the chance to attempt to retrieve the cash unobserved, she will find that the FBI has already found the cash and coins and confiscated them. An FBI supervisor will tell her that the cash and coins will be returned to her once they are examined for fingerprints at the FBI lab. Days after the interrogation, she will call one of Nichols’s lawyers, Ron Woods, and leave a phone message telling him that the FBI will “not let her leave.” The FBI will later contend that Marife Nichols was never held against her will, and use a telephone conversation she has with her father-in-law as proof (see April 30, 1995). In late May, the FBI will return all but $200 of the cash, which they will say needs to be retained for further lab tests. [New York Times, 7/2/1996; Serrano, 1998, pp. 204, 227-230]
The home, pickup truck, and property of suspected Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, 2:00 p.m. and After, April 21, 1995, and 3:15 p.m. and After, April 21-22, 1995) are searched by federal authorities while FBI agents are grilling Nichols and his wife Marife, both of whom are in police custody in Herington, Kansas. Agents are also involved in searching the Decker, Michigan, home and property of Nichols’s brother James, as bomber Timothy McVeigh listed James Nichols’s residence as his home address (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). Initial searches of both sites turn up bomb materials, including five 60-foot safety fuses with blasting caps, Primadet explosive, five gasoline cans, a fuel meter, several containers of ground ammonium nitrate fertilizer, three empty bags of ammonium nitrate, a receipt for the purchase of the ammonium nitrate, four white barrels with blue lids made from material resembling the blue plastic fragments found in the bomb debris, and weapons that may be illegal to possess, including an anti-tank weapon. In searching Terry Nichols’s home and property, agents also find a cache of documents, many concerning the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After) and espousing sometimes-violent anti-government sentiments, and a hand-drawn map of the Murrah Federal Building and its environs (see September 7-8, 1996). They find a spiral notebook that seems to be a combination phone book and diary, including dates and amounts for storage locker rentals, notations of the aliases used to rent the lockers (including the aliases “Ted Parker” and “Joe Kyle”), notes about “Tim” and “places to camp,” and some notations by Nichols’s wife Marife that describe quarrels she has had with her husband. And they find a telephone card whose number was used by McVeigh to make calls in his hunt for bomb-making materials (see August 1994). The weapons, map, and materials found may tie either or both Nichols brothers to the bomb plot. [New York Times, 4/22/1995; New York Times, 4/23/1995; New York Times, 4/26/1995; New York Times, 5/12/1995; Serrano, 1998, pp. 229; Indianapolis Star, 2003; Douglas O. Linder, 2006] Nine of the guns found in Nichols’s home—a Savage .30-06 rifle, a Remington .30-06 rifle, a Ruger carbine, a Ruger Mini-30 rifle using 7.62-millimeter ammunition, two Ruger Mini-14 rifles, a Winchester 12-gauge Defender shotgun, a Mossberg 12-gauge shotgun with a pistol grip, and a Smith & Wesson 9-millimeter pistol—are similar to those stolen from an Arkansas gun dealer some six months ago (see November 5, 1994). Prosecutors believe Nichols, or perhaps Nichols and bombing suspect McVeigh, carried out that robbery to help fund the bomb plot. Of 33 weapons listed as found in Nichols’s house on the FBI’s Evidence Recovery Log, six rifles, two shotguns, and a pistol appear to be the same models as stolen weapons on the Garland County Sheriff’s office record of the robbery. They also find a safe-deposit key they believe was taken during the robbery (see November 5, 1994 - Early January 1995). [New York Times, 6/17/1995] Nichols is told during the interrogation that agents have found a number of large plastic drums or barrels in his garage. He says he bought these at a dump in Marion, Kansas, and used them to haul trash. Agents also found a large fuel meter in the garage; Nichols says he bought this from a sale in Fort Riley, and says it is broken. [Serrano, 1998, pp. 212-213] A relative of the Nichols brothers tells the FBI that “James Nichols had been involved in constructing bombs in approximately November, 1994, and that he possessed large quantities of fuel oil and fertilizer,” according to an affidavit filed with the court. “Terry Nichols was in Decker, Mich., on or about April 7, 1995, visiting his brother, James Nichols, and may possibly have been accompanied by Tim McVeigh.” James Nichols (see December 22 or 23, 1988) is currently held in the Sedgwick County jail in Wichita, Kansas, as a material witness to the bombing (see April 21, 1995 and After). [New York Times, 4/23/1995]
According to FBI spokespersons, the bureau believes the Oklahoma City bombing conspiracy (see 8:35 a.m. - 9:02 a.m. April 19, 1995) may involve more people than accused conspirators Timothy McVeigh and Terry Nichols (see April 21, 1995 and 3:15 p.m. and After, April 21-22, 1995), and is searching locations in and around Kingman, Arizona, where McVeigh last lived (see May-September 1993, February - July 1994, September 13, 1994 and After, and December 16, 1994 and After). According to the New York Times, the FBI is “searching for evidence of a conspiracy hatched by several self-styled militiamen who oppose gun laws, income taxes, and other forms of government control.” The high desert outside of Kingman is an area known to be a training ground for at least one such group, the Arizona Patriots. It is not known whether McVeigh or Nichols have any connection with that group. The FBI is also investigating whether an explosion in Kingman two months ago had any connection to McVeigh (see February 1995). House Speaker Newt Gingrich (R-GA), after visiting Oklahoma City in the aftermath of the recent bombing, praises the FBI’s investigation thus far, and says the FBI should be given broad new powers to infiltrate political fringe groups. [New York Times, 4/23/1995]
Suspected Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) is being held in the Oklahoma County jail in Oklahoma City, after being temporarily moved from a federal facility in El Reno, Oklahoma (see April 21, 1995). McVeigh is charged with destroying federal property, which can be a capital offense when the destruction leads to death. McVeigh’s lawyer John Coyle says he will seek to have the case moved to another city. “I can’t think of a case that could use a change of venue more than this one,” he says. [New York Times, 4/23/1995]
Therapy Dogs International logo. [Source: Philadelphia Examiner]Rescue personnel at the site of the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) hold out little hope that any survivors will be found. “Our sensors are detecting absolutely no sounds of survivors,” says Dan Schroeder of California’s urban search and rescue team. “Our cameras show only death.” Rescue workers and volunteers continue to pour into Oklahoma City, and local charities report they are overwhelmed by donations of food and clothing for nearby residents whose homes were damaged, and of knee pads, work gloves, dust masks, and other equipment for the rescue workers. [Washington Post, 4/22/1995] The exhausted and demoralized rescue workers are given some comfort by a number of therapy dogs brought to the scene of the blast by Therapy Dogs International. Author and reporter Brandon M. Stickney will later write: “The more than twelve hundred workers were touched by the dogs used to comfort stressed and grieving people. Thirty dog owners brought their trained animals to the Murrah, and let them walk around for people to hold, hug, and pet.” Volunteer Larri Sue Jones later tells a reporter: “It’s something warm to hold. God knows people can use that.” Dog owner Pat Kelley is told by a worker, “I saw [your] dog and knew everything was going to be okay.” The dogs will also be used to assist the grieving family members of slain and wounded victims. [Stickney, 1996, pp. 281]
Attorney General Janet Reno, following up on the arrest of suspected Oklahoma City bombing suspect Timothy McVeigh (see April 21, 1995) and the detention of his suspected co-conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995), says the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was almost certainly “domestic in nature,” and not the work of foreign terrorists (see 10:00 a.m. April 19, 1995 and After). In a separate statement, President Clinton praises law enforcement officials for their rapid action, and again promises that authorities will seek the death penalty for those responsible (see 4:00 p.m., April 19, 1995). Reno warns that the investigation is still in its preliminary stages. [Washington Post, 4/22/1995; New York Times, 4/22/1995]
In a radio broadcast, President Clinton and his wife, First Lady Hillary Clinton, address the nation’s children and their parents, giving advice and reassurance. President Clinton says: “We know that what happened in Oklahoma is very frightening, and we want children to know that it’s okay to be frightened by something as bad as this. Your parents understand it. Your teachers understand it. And we’re all there for you, and we’re working hard to make sure that this makes sense to you and that you can overcome your fears and go on with your lives.” To the parents, he says: “Tell [your children] there are a lot of people in this country in law enforcement who are working hard to protect them and to keep things like this from happening. Tell them that they are safe, that their own school or day care center is a safe place, and that it has been checked and that you know it’s safe. And make sure to tell them without any hesitation that the evil people who committed this crime are going to be found and punished. Tell them that I have promised—every child, every parent, every person in America—that when we catch the people who did this, we will make sure that they can never hurt another child again, ever. Finally, and most important of all, in the next several days, go out of your way to tell your children how much you love them. Tell them how much you care about them. Be extra sensitive to whether they need a hug or just to be held. This is a frightening and troubling time.” Hillary Clinton tells the children listening: “I also want you to know that there are many more good people in the world than bad and evil people. Just think of what we have seen in the last few days. Think of all the police officers, and the firefighters, the doctors and the nurses, all of the neighbors and the rescue workers, all of the people who have come to help all of those who were hurt in Oklahoma. Think about the people around the country who are sending presents and writing letters. Good people live everywhere in our country, in every town and every city, and there are many, many of them.” Afterwards, the president and his wife hold a “town hall” with a gathering of children who ask questions and make observations, mostly about what can be done to help the victims. [William J. Clinton Presidential Center, 4/22/1995]
President Clinton tells a CBS interviewer that the evidence compiled so far in the Oklahoma City bombing investigation (see 8:35 a.m. - 9:02 a.m. April 19, 1995) points to a small number of conspirators and not a larger organized force. “I don’t think the evidence we have at this time suggests the latter conclusion,” Clinton tells the interviewer. [New York Times, 4/23/1995]
CBS News erroneously reports that the FBI has captured “John Doe No. 2,” the second suspect in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 20, 1995). The man in question, David Iniguez, was a deserter from the US Army base in Fort Riley, Kansas, who had left the base in August 1994. Suspected bomber Timothy McVeigh once served as an Army gunner at Fort Riley (see January - March 1991 and After), and FBI investigators have speculated that McVeigh and Iniguez may have known one another. No evidence tying Iniguez to the bombing ever surfaces. He does not resemble the sketch of “John Doe No. 2,” and has no tattoo on his arm as the suspect is described as having. Still, Iniguez is taken to a court in Los Angeles after being arrested on unrelated charges, escorted into the courthouse by a half-dozen FBI agents, and taunted and jeered by a crowd of about 30 people who shout, “Coward!” and “Why did you do it?” [New York Times, 4/23/1995; New York Times, 4/30/1995] It is possible, but not certain, that CBS bases its reporting on information from the FBI that stated it had located “John Doe No. 2” two days ago (see April 21, 1995).
Firefighter Chris Fields carries a mortally wounded child, Baylee Almon, from the wreckage of the Murrah Building on April 19. The child dies in the ambulance. The photograph, by Charles H. Porter IV, wins a Pulitzer Prize and becomes one of the iconic images of the bombing. [Source: Associated Press / Charles H. Porter IV]A national day of mourning for the Oklahoma City bombing victims (see 8:35 a.m. - 9:02 a.m. April 19, 1995) is held. President Clinton, Attorney General Janet Reno, the Reverend Billy Graham, and others attend. [Indianapolis Star, 2003; Fox News, 4/13/2005] “My fellow Americans, a tree takes a long time to grow and wounds take a long time to heal, but we must begin,” Clinton says at the service. “Those who are lost now belong to God.… We pledge to do all we can to help you heal the injured, to rebuild this city, and to bring to justice those who did this evil. You have lost too much, but you have not lost everything. And you have certainly not lost America, for we will stand with you for as many tomorrows as it takes.” [Presidential Rhetoric (.com), 4/23/1995; Denver Post, 6/14/1997; The Oklahoman, 4/2009] Graham tells the assemblage: “That blast was like a violent explosion ripping at the heart of America. And long after the rubble is cleared and the rebuilding begins, the scars of this senseless and evil outrage will remain.” [Serrano, 1998, pp. 173]
Michael and Lori Fortier, close friends of accused Oklahoma City bomber Timothy McVeigh who took part in the conspiracy to build and detonate the bomb (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After), are closely questioned by FBI agents. Federal agents have combed through their home town of Kingman, Arizona, compiling evidence and questioning friends and neighbors. The Fortiers have pretended to know nothing about the bomb plot (see April 19, 1995 and After) and continue to lie to investigators. Michael Fortier tells agents that his trip to Oklahoma City to “case” the target of the bombing, the Murrah Federal Building (see December 16, 1994 and After), happened in a far different way than the evidence suggests: Fortier says that he hitched a ride to Kansas to buy guns from McVeigh for resale. The agents do not believe his story. He tells agents that he never heard McVeigh discuss anything to do with bombmaking, and says he only discussed guns and government issues with McVeigh, “never, ever” discussing blowing up any buildings. On May 6, perhaps cracking under the stress of the interrogations and the intense, negative media coverage (reporters are camped out in front of his home and filing stories about him being an accomplice in the bombing), he asks agents to stop interrogating him. “I don’t want to cooperate,” he says. “I can’t be of any more help. I don’t know anything.” The agents accuse Fortier of being heavily involved in the bombing conspiracy, and of lying about his involvement. One agent calls Fortier a “baby killer,” the same imprecation leveled at McVeigh after his arraignment (see April 21, 1995). After the agents threaten to “raid” his home, Fortier agrees to cooperate. The agents give him enough time to get his wife, their two-year-old daughter Kayla, and their cats out of their trailer home. [Serrano, 1998, pp. 240-243]
The press reports that Representative Steve Stockman (R-TX) received a fax shortly after the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) that described the effects of the blast (see 10:50 a.m. April 19, 1995). FBI investigators initially believed that Stockman received the fax three minutes before the 9:02 a.m. blast, but later determined that it had been sent shortly afterwards. They believe that the fax may have been sent by Mark Koernke, a member of the Michigan Militia. Authorities are seeking Koernke for questioning, but say that questioning him is not a high priority. [New York Times, 4/23/1995; 'Lectric Law Library, 4/24/1995] The fax will later be determined to have been sent around 10:50 a.m., almost two hours after the blast. Subsequent reporting claims that Stockman received the fax from Libby Molloy, the former Republican chairwoman from Orange County, Texas, who has ties to the Michigan Militia. Texas State Senator Mike Galloway also says that his office received a copy of the fax the same day, and turned it over to the FBI. The fax contained the word “Wolverine” stamped at the top; Molloy now works for Wolverine Productions, a Michigan firm that produces shortwave broadcasts aimed at militia audiences. [Dallas Morning News, 4/25/1995] Koernke broadcasts via Wolverine Productions. Stockman will deny knowing either Molloy or Koernke, though Molloy will later say that Stockman’s office has provided Wolverine Productions with information helpful for Koernke’s broadcasts. [Time, 5/8/1995] Stockman releases a statement concerning the fax and the subsequent press reporting, writing in part: “On the day of the Oklahoma City bombing someone sent our office an anonymous fax which appeared to relate to that tragedy. Our office—not aware of the bombing or the meaning of the fax—set it aside. Our office—like the offices of most public officials, receives every imaginable kind of mail from the public. This fax was no different. After my staff heard news reports of the tragedy—the fax was retrieved and I was made aware of it. I immediately instructed my staff to turn the fax over to the FBI. My office did so within minutes. There has been some confusion in the media over when my office received this fax and when we turned it over to the FBI. There has been no confusion in my office—we turned it over right away.” Stockman says the FBI has confirmed his version of events, and attaches a statement from FBI official John Collingwood showing that he sent the fax “at 11:57 a.m. on April 19, 1995, to the FBI Office of Public and Congressional Affairs.” Stockman also says that a member of his staff sent another copy of the fax to the National Rifle Association (NRA) on April 20, and says, “I believe the staffer acted in good faith, nonetheless, this was done without my knowledge.” Stockman believes he received the fax because of a memo he sent to Attorney General Janet Reno on March 22, 1995, asking if the Justice Department planned any raids against “citizen’s militia” groups and warning of a Branch Davidian-like debacle (see April 19, 1993 and April 19, 1993 and After) if the raids were actually carried out. ['Lectric Law Library, 4/24/1995] The Houston Press will later report that the initial confusion about the timing of the fax was caused by the NRA, whom the Press will call “Stockman’s chief patron.” The Press will also note that Stockman has ties to the militia movement, and in a recent Guns and Ammo magazine article, accused the Clinton administration of deliberately killing the Branch Davidians and burning their compound in order to justify its ban on assault weapons (see September 13, 1994). Stockman says he regrets “some of the language he used” in the article. Stockman has also associated himself with anti-Semitic radio show host Tom Valentine, and railed against “outside influences,” presumably Jewish, in the Federal Reserve and other federal financial institutions. [Houston Press, 6/22/1995]
Entity Tags: Mark Koernke, Houston Press, Federal Bureau of Investigation, Clinton administration, Janet Reno, Libby Molloy, US Department of Justice, John Collingwood, Tom Valentine, Steve Stockman, Wolverine Productions, Michigan Militia, Mike Galloway, National Rifle Association
Timeline Tags: US Domestic Terrorism
Philippine President Fidel Ramos says he has asked the US to postpone the deportation of Mohammed Jamal Khalifa, bin Laden’s brother-in-law, to Jordan. Khalifa had been arrested in the US in December 1994. Jordan requested his extradition and the US agreed, but earlier in April a Jordanian court overturned a conviction of Khalifa. Ramos says, “We have asked [US authorities] to hold his deportation because we are finding out his links with local terrorists here.” A Philippines intelligence report completed in December 1994 already tied Khalifa to several planned attacks that could have killed thousands (see December 15, 1994). By comparison, he has already been acquitted of attacks in Jordan that injured several but killed no one. [Japan Economic Newswire, 4/24/1995] Despite the request from Ramos, a US judge will approve Khalifa’s deportation to Jordan two days later (see April 26-May 3, 1995). He will be acquitted again there and then set free (see July 19, 1995).
The FBI says that evidence compiled on the Oklahoma City bombing shows that it was planned for months by accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995) and a small number of co-conspirators. The statement by the FBI echoes statements made earlier by Attorney General Janet Reno (see April 22, 1995). Evidence shows that McVeigh was driven in part by his rage at the government’s handling of the Branch Davidian standoff two years earlier (see April 19, 1993). McVeigh has refused to cooperate with investigators, and reportedly has shown no remorse or emotion of any kind, even when confronted with photographs of dead and maimed children being taken from the devasted Murrah Federal Building. The attack was timed to coincide with the Branch Davidian conflagration of April 19, 1993, investigators say, and was executed after months of planning, preparation, and testing. Some investigators believe that McVeigh may lack the leadership skills to plan and execute such a plot, and theorize that the ringleader of the conspiracy may turn out to be someone else (see April 21, 1995 and After). Evidence collected from the Ryder truck, particularly shards of blue plastic from barrels containing the fertilizer and fuel oil that comprised most of the bomb’s elements, point to the involvement of Terry Nichols, a friend of McVeigh’s who is coming under increasing scrutiny as a possible co-conspirator (see 3:15 p.m. and After, April 21-22, 1995). Similar barrels were found in Nichols’s garage in his Herington, Kansas, home (see (February 20, 1995)), along with other evidence tying him to the bomb’s construction.
Investigating Possible Involvement of Sister - Investigators are in the process of searching the home of McVeigh’s younger sister Jennifer, who has returned from a vacation in Pensacola, Florida (see April 7, 1995 and April 21-23, 1995). They are also poring over Jennifer McVeigh’s 1995 Chevrolet pickup truck, registered in New York. Investigators say the two siblings are very close, share similar anti-government views (see March 9, 1995), and have had numerous conversations in recent months (see Mid-December 1994). Jennifer McVeigh is taken into federal custody as well, as a witness, not as a suspect, and is released on April 25, after an intensive interrogation session that leaves her frightened and angry. “They told me Tim was guilty,” she will later recall, “and that he was going to fry.” According to her recollections, the agents threaten to charge her as a co-conspirator unless she gives them evidence against her brother, but she refuses to cooperate. She does reveal some information about her brother’s involvement in gun dealing, his strong belief in the US Constitution as he and right-wing white separatist groups interpret it, and his obsession with the violently racist novel The Turner Diaries (see 1978). “He had people he knew around the country,” she tells agents, mentioning three: “Mike and Lori and Terry.” Terry is Terry Nichols. “Mike and Lori” are McVeigh’s close friends Michael and Lori Fortier (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, April 19, 1995 and After, and December 16, 1994 and After). She tells them about watching anti-government videotapes with her brother, in particular one called “Day 51” about the Waco siege. “It depicted the government raiding the compound, and it implied that the government gassed and burned the people inside intentionally and attacked the people,” she tells the agents. “He was very angry. I think he thought the government murdered the people there, basically gassed and burned them down.” The agents ask if by the government, he meant the FBI and the ATF (Bureau of Alcohol, Tobacco and Firearms, also abbreviated BATF). “He felt that someone should be held accountable,” she answers, and says her brother believed no one ever had been held responsible. She shows them the “ATF Read” letter he had written on her word processor (see November 1994) that concludes with the exhortation, “Die, you spineless cowardice [sic] b_stards!” She says that McVeigh had told her he had moved out of a “planning” stage into an “action” stage, though he never explained to her exactly what “action” he intended to take. Later, she will sign a statement detailing what her brother had told her. She will always insist that he never spoke to her about ammonium nitrate, anhydrous hydrazine, or any of the chemical components of the bomb, and had never spoken to her about the scene in The Turner Diaries that depicts the FBI building in Washington being obliterated by a truck bomb similar to the one used in Oklahoma City. The FBI seizes a number of her belongings, including samples of her antigovernment “patriot” literature. But, they determine, Jennifer McVeigh was never a part of her brother’s conspiracy.
Interviewing Alleged Co-Conspirator's Ex-Wife - Investigators are also interviewing Nichols’s ex-wife, Lana Padilla, who currently lives in Las Vegas. The press speculates that she is cooperating with the investigation and may have been taken to a undisclosed location for security reasons. Investigators are combing through a large body of writings McVeigh left behind, many of which detail his far-right, anti-government ideological beliefs. From what they have read so far, McVeigh believes that his Second Amendment rights are absolute, and he has the right to live without any restraints from the government. They have not found any documents detailing any operational plan for the bombing, nor have they found evidence that McVeigh directly threatened any government buildings or personnel. The FBI is offering a $2 million reward for information about McVeigh and the bombing. [New York Times, 4/24/1995; New York Times, 4/24/1995; Serrano, 1998, pp. 237-238]
Entity Tags: Michael Joseph Fortier, Janet Reno, Federal Bureau of Investigation, Branch Davidians, Jennifer McVeigh, Lori Fortier, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Terry Lynn Nichols, Lana Padilla
Timeline Tags: US Domestic Terrorism
Gilbert Murray. [Source: Washington Post]A timber industry lobbyist, Gilbert Murray, is killed when a parcel explodes at his Sacramento, California, office. The package is addressed to William Dennison, whom Murray replaced as president of the California Forestry Association. [BBC, 11/12/1987; New York Times, 4/8/1996; Washington Post, 4/14/1996; Washington Post, 1998] The explosion is so powerful that it shatters windows in Murray’s office. Witnesses describe the package as wrapped in brown paper and about the size of a shoebox. CFA official Donn Zea says he suspects environmental extremists are behind the attack. “In my personal opinion, this is the work of extreme environmentalists, not linked to” the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), he says. He does acknowledge that it is possible someone might have confused his organization with a government agency, something he says frequently occurs. Earth First! activist Judi Bari, who was injured in a car bombing in Oakland in 1990, says her group had nothing to do with the blast. “Having been the recipient of that kind of terror, I can’t imagine anybody doing that to another human being,” she tells a reporter. “We firmly embrace non-violence, and we wouldn’t consider doing anything of the kind.” [Associated Press, 4/25/1995] The bombing will later be shown to be the work of Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996). In 1987, Kaczynski killed a Sacramento computer shop owner (see December 11, 1985). Both Murray and Dennison have ties to the University of California at Berkeley, where Kaczynski taught mathematics; Murray graduated from the university in 1975, and Dennison, a 1959 graduate from the school, lectured there between 1971 and 1988. It is not known if these ties drove Kaczynski to target either Dennison or Murray. [Washington Post, 4/14/1996]
The New York Times receives a letter from the so-called “Unabomber,” who calls himself “the terrorist group FC.” This is not the first time the Unabomber has identified himself through these initials (see June 24, 1993). The author, who is as yet unidentified, promises to stop sending bombs if a lengthy article written by the “group” is printed in a national periodical such as the Times, Newsweek, or Time magazine. The writer promises to wait three months; if the publications do not print his article, he writes, he will “start building our next bomb.” [BBC, 11/12/1987; Washington Post, 4/13/1996; Washington Post, 1998] The letter is actually one of four copies mailed out together on April 20, 1995. [Knight Ridder, 5/28/1995] According to the letter, the Unabomber was disappointed in the relatively small amount of damage done by the early bombs (see May 25-26, 1978, May 9, 1979, November 15, 1979, June 10, 1980, and May 5, 1982). “Our early bombs were too ineffectual to attract much public attention or give encouragement to those who hate the system,” he writes. He adds that after the early bombs, he took “a couple of years off to do some experimenting. We learned how to make pipe bombs that were powerful enough, and we used these in a couple of successful bombings (see December 11, 1985, December 10, 1994, and April 24, 1995) as well as in some unsuccessful ones.” Of his attempt to bomb a Boeing passenger flight in 1979 (see November 15, 1979), the letter states: “The idea was to kill a lot of business people who we assumed would constitute the majority of passengers. But of course, some passengers would likely have been innocent people—maybe kids or some working stiff going to see his sick grandmother. We’re glad now that that attempt failed.” Of the injury suffered by secretary Janet Smith (see May 5, 1982), he writes, “We certainly regret that.” However, he expresses no compunctions about having killed his recent victims, timber industry lobbyist Gilbert Murray (see April 24, 1995) and advertising executive Thomas Mosser (see December 10, 1994). He writes, “[W]hen we were young and comparatively reckless we were much more careless in selecting targets than we are now.” Of Mosser, he writes: “We blew up Thomas Mosser last December because he was a Burston[sic]-Marsteller executive.… Burston[sic]-Marsteller is about the biggest organization in the public relations field. This means that its business is the development of techniques for manipulating people’s attitudes.” [Washington Post, 4/14/1996] The manuscript shows that he targeted Mosser because he believed Mosser’s firm was involved in helping Exxon minimize public criticism of its actions surrounding the Exxon Valdez oil spill. The letter also denies targeting random university professors or academics: “Some news reports have made the misleading statement that we have been attacking universities or scholars,” it reads. “We would not want anyone to think that we have any desire to hurt professors who study archaeology, history, literature, or harmless stuff like that. The people we are out to get are the scientists and the engineers.” [Knight Ridder, 5/28/1995] The letter will later be shown to be the work of former college professor and recluse Theodore “Ted” Kaczynski (see April 3, 1996). The Washington Post will print his article, which will trigger his identification (see September 19, 1995). “FC” will later be found to stand for “Freedom Club.” [Washington Post, 1/23/1998]
The court-appointed lawyers for suspected Oklahoma City bomber Timothy McVeigh, public defender Susan Otto and private attorney John Coyle (see April 21, 1995), ask to be taken off the case. Both Otto and Coyle say they knew people killed in the blast (including Coyle’s law partner Gloyd McCoy) and cannot be objective in defending McVeigh. Coyle’s family has been threatened by people who apparently do not want Coyle to defend McVeigh. “Someone in as much trouble as Mr. McVeigh is entitled to 100 percent commitment from his lawyer,” Coyle says. “I personally witnessed the carnage. I had a friend die in the explosion.” Witnessing the aftermath of the blast “call[s] me to question whether or not I could give 100 percent. I just don’t see how any lawyer in Oklahoma City can be objective about anything in this case.” Before asking to withdraw, Otto and Coyle file a motion to transfer the case out of Oklahoma (see April 22, 1995); Coyle says the motion is “very important for this young man, if he is to get a fair trial.” The motions are filed in Federal District Court in Oklahoma City, a building that was damaged in the bombing and has been closed until today, when it is opened solely to allow McVeigh’s lawyers to file their motions. Coyle says McVeigh “understands” his reasons for withdrawing. Coyle lost a friend and fellow lawyer, Mike Weaver, in the blast, and himself was in a county courtroom that was damaged by a slab of falling rock. Otto’s office was damaged, its windows blown out, and her car was crushed in a parking lot. Coyle says he will suggest replacements for himself and Otto. [New York Times, 4/22/1995; New York Times, 4/24/1995; Stickney, 1996, pp. 223-224; Indianapolis Star, 2003] On May 8, attorney Stephen Jones will be assigned to represent McVeigh (see May 8, 1995). [Indianapolis Star, 2003]
The stricken father of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), William “Bill” McVeigh, issues his first and only statement to the press concerning his son. He sends the statement via fax to selected newspapers. The statement reads: “I would like to express my deepest sympathy for the people and families of those involved in the Oklahoma City explosion. I am very sorry for what happened and feel terrible about it. My prayers are with the victims, families, and people of Oklahoma. I would also like to thank my friends and neighbors for their kind words of support. This is the only statement I am making to anyone in the news media, and I will make no further statements.” Bill McVeigh will speak to reporters in the future, but rarely, and will spend most of his time isolated in his Pendleton, New York, home, missing work and having his telephone number changed. McVeigh’s mother Mildred “Mickey” Frazer, having long ago divorced Bill McVeigh, moved to Florida, and remarried, issues her own brief statement, giving a handwritten note to a sheriff’s deputy. It reads: “I just want to say I feel deep sympathy for the victims and families involved in the Oklahoma City bombing. I have had only brief contact with my son the past 10 years and only know details from what I have been watching on TV the past few days. That is all I wish to say at this time.” She signs the note “Tim’s Mom” and adds, “P.S. Please leave our family alone.” She will also remain in seclusion for the next few months. McVeigh’s older sister Patricia Davis, who left New York with her mother and also lives in Florida, issues a similar statement to her mother’s, saying she has “not been involved in my brother’s life for the last nine years” and noting “[t]he only information I have regarding this tragedy is what I’ve learned like the rest of the American public through the news media.” [Stickney, 1996, pp. 185-188]
With the news that the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was not carried out by foreign terrorists (see 10:00 a.m. April 19, 1995 and After) but apparently by Timothy McVeigh, a former US soldier from upstate New York (see April 21, 1995), the news media suddenly begins exploring what the New York Times calls “the murky world of the extreme right, of paramilitary groups with names like The Order, Aryan Nation Group, White Aryan Resistance, Posse Comitatus, Bruder Schweigen, or Duck Club, whose members rail against Jews, blacks, Communists, Muslims, and bankers, train with weapons, and above all, [despise] the federal government.” Journalism professor James P. Corcoran, who wrote Bitter Harvest, a book about one of the heroes of the far right, Gordon Kahl (see February 13, 1983 and After), tells the Times: “The one common thread [between these organizations] is Big Government. There are shadings in how they blame it—some believe Jews control the government, others that moneyed interests do, others that it’s too big, too intrusive, that it’s planning to take away their guns, their money. But government is always evil.” [New York Times, 4/24/1995] People magazine reporter Michelle Green reports: “[I]t is clear that [McVeigh] and his cohorts have emerged from America’s most chilling microculture—homegrown resisters who believe the federal government is bent on destroying the very people from whom it derives its power. Reactionaries who have organized themselves into paramilitary units like the Michigan Militia (see October 12, 1993 - January 1994, January 1995, and April 21, 1995), which claims over 12,000 members, they share the belief that the Justice Department is determined to stamp out individual liberty and the right to bear arms. Their battle cry: ‘Remember Waco’ (see April 19, 1993 and April 19, 1993 and After). Like McVeigh, who made a bitter pilgrimage to the ruins of the Branch Davidian compound in Texas (see March 1993), the most radical are convinced that the cultists who died in the attack… were martyrs targeted by Big Brother. In fact government investigators believe that the massacre in the federal building in Oklahoma City, headquarters for some of the agents who stormed the Davidians’ compound, was timed for the second anniversary of the Waco disaster—and intended as a payback.” [People, 5/8/1995]
Terry Nichols and his brother James Nichols are charged by a Michigan federal court with conspiring to help suspected Oklahoma City bomber Timothy McVeigh build explosives at Terry Nichols’s farm in Michigan (see December 22 or 23, 1988). Judge Monti Belot rules that Terry Nichols will be held without bail, and will be transferred to Oklahoma City sometime after noon on May 5; the delay in the transfer gives Nichols’s public defender, Steven Gradert, time to file a possible appeal. (Gradert also alleges that when the FBI first interviewed Nichols—see 3:15 p.m. and After, April 21-22, 1995—he may not have understood his rights under the law.) The complaint, filed in a federal court in Michigan, does not directly link either of the brothers to the Oklahoma bombing. It does accuse both brothers of building what the complaint calls “bottle bombs” and of experimenting with other explosives with McVeigh in 1992 and 1994 (see April 2, 1992 and After, November 1991 - Summer 1992, October 12, 1993 - January 1994, October 12, 1993 - January 1994, and February - July 1994). Until today, both the brothers were held, not as suspects, but as material witnesses (see 3:15 p.m. and After, April 21-22, 1995); the conspiracy charges are designed to keep them behind bars until investigators can find more solid links between them and the bombing plot. An affidavit accompanying the complaint says that, like McVeigh, both Nichols brothers blamed the government for the 1993 Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After); authorities have alleged that part of McVeigh’s motivation for the bombing was revenge for the 1993 debacle (see April 24, 1995). An initial version of the affidavit says a witness, Daniel Stomber of Evergreen Township, Michigan, had heard James Nichols “stating that judges and President Clinton should be killed, and that he blamed the FBI and the ATF [Bureau of Alcohol, Tobacco and Firearms] for killing the Branch Davidians in Waco.” A revised affidavit made public later deletes that information. James Nichols’s lawyer, Miriam Siefer, calls the information in the affidavit “quite stale.” The complaint itself says that James Nichols informed federal agents that his brother and McVeigh had been at his Michigan farm off and on since December 1991. James also told agents that his brother had obtained survival books that had information about bombs, and said he believed McVeigh knew how to build a bomb. The affidavit says James has admitted to building small bombs with McVeigh and his brother, but denied ever buying ammonium nitrate, one of the key ingredients in the Oklahoma City bomb. However, the affidavit says all three men were known to possess quantities of fertilizer and fuel oil, the same materials used in the Oklahoma City bomb, and says that Terry Nichols admitted to FBI investigators that he had bought at least 100 pounds of ammonium nitrate in the recent past. The affidavit says a witness told agents that all three men built other devices made of prescription vials, black powder, blasting caps, and safety fuses, which they detonated in empty fields of James Nichols’s 500 acres. Shrapnel was found in the fields, the affidavit says. Investigators found 28 50-pound bags of ammonium nitrate fertilizer and a 55-gallon drum of fuel oil on James Nichols’s farm; both ingredients are common on many farms, but James Nichols has claimed to be an organic farmer and thusly would not ordinarily use such materials. The affidavit says that in December 1993, McVeigh used an alias to buy liquid nitro airplane fuel, which could be used with other chemicals to improvise explosives (see December 1993). The complaint and affidavit will be presented to a federal court in Wichita, Kansas, on April 26. James Nichols will be released a month later without bond; US District Judge Paul Borman will rule that the government failed to link him to the bombing (see May 22, 1995). [New York Times, 4/26/1995; Boston Globe, 4/26/1995; New York Times, 4/25/1996; Mickolus and Simmons, 6/1997, pp. 810-811]
Entity Tags: Monti Belot, Federal Bureau of Investigation, Dan Stomber, Miriam Siefer, William Jefferson (“Bill”) Clinton, Terry Lynn Nichols, Paul Borman, Steven Gradert, James Nichols, Timothy James McVeigh, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: US Domestic Terrorism
The press reports that the FBI is closely investigating the “money trail” left behind by accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). Witness reports say McVeigh and his suspected confederate had “thousands of dollars” in their possession in the days before the attack, though McVeigh has only worked sporadically at low-paying jobs for the last few years. The suspicion is that McVeigh and his suspected colleague or colleagues engaged in criminal activities, particularly bank robberies (see August - September 1994 and December 1994) and other thefts (see October 3, 1994 and November 5, 1994). Authorities are examining a half-dozen unsolved bank robberies in Kansas City, Missouri, and elsewhere in the Midwest, where two or more armed men used explosives to rob banks. Investigators say they do not as yet have hard evidence of just how McVeigh raised the money needed to finance his bombing plot. One September 1994 bank robbery in Overland Park, Kansas, was carried out by two men whose descriptions generally match those of McVeigh and his unnamed, suspected partner, “John Doe No. 2” (see April 20, 1995). [New York Times, 4/26/1995] It is possible that some of the robberies were carried out by the Aryan Republican Army, a white supremacist group to which McVeigh has ties (see 1992 - 1995) and which may have helped McVeigh fund his plot (see November 1994).
An immigration judge approves the deportation of Mohammed Jamal Khalifa, bin Laden’s brother-in-law, saying “his presence in the United States would have potentially serious adverse foreign policy consequences.” Khalifa reportedly leaves the US for Jordan on May 3, although there is some evidence he remains in US custody until August (see May 3, 1995-August 31, 1995). [United Press International, 5/5/1995] He will quickly be retried in Jordan, pronounced not guilty of all charges, and set free (see July 19, 1995). Jacob Boesen, an analyst at the CIA’s Counter Terrorism Center, will later recall, “I remember people at the CIA who were ripsh_t at the time. Not even speaking in retrospect, but contemporaneous with what the intelligence community knew about bin Laden, Khalifa’s deportation was unreal.” [San Francisco Chronicle, 4/18/1995; Associated Press, 4/26/1995; New York Times, 5/2/2002; Lance, 2003, pp. 233-35] Author Peter Lance will later comment, “If this arrest had been properly followed up by the FBI and the Justice Department, it could have led to the seizure of both Ramzi Yousef and his uncle Khalid Shaikh Mohammed, and stopped the 9/11 plot dead in its tracks.” [Lance, 2006, pp. 158]
The press reports that since the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the arrest of former Army sergeant Timothy McVeigh (see April 21, 1995), soldiers and citizens of Fort Riley, Kansas, have suffered anger and vitriol from other people outraged by the attack. Since McVeigh and suspected co-conspirator Terry Nichols (see April 25, 1995) were both soldiers, and McVeigh was once stationed at Fort Riley, “a lot of people seem to be blaming all of us because of a couple of fools,” says Fort Riley’s Sergeant Chris Killerbrew. “That’s not right.” Killerbrew recalls being in Oklahoma City three days after the bombing, and, with his family, going into a store to cash an out-of-town check. When he told the clerk his family was from Junction City, Kansas, a town near Fort Riley populated largely by current and former soldiers and their families, and used by McVeigh to stage the bombing (see April 13, 1995, April 15, 1995, April 15, 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and April 18, 1995), a man in the store said: “Junction City, that’s where those bombers, those baby killers are from. Why don’t you go back to where you belong?” An angry Killerbrew informed the man that he and his family were in Oklahoma because his three-year-old niece had been killed in the bombing. Many other soldiers say that the charges against McVeigh, a decorated veteran of the Gulf War (see January - March 1991 and After), have wounded their pride and shaken their morale. Fort Riley spokesman Major Ben Santos says, “What we want to tell folks around the country is that there is more to us than the current situation.” Corporal Perez Blackmon says that he and many of his fellow soldiers feel betrayed and angry that “one of our own could have done something like this.… This uniform means pride, the highest state of honor. It gets no better than this, and he disgraced it.” Nearby resident Scott Sanders says the accusations against McVeigh make “us all look bad, like this is some center to train terrorists.” Clarence Thomas of Junction City says: “I wouldn’t move anywhere else. This McVeigh guy didn’t stay and live here. He wasn’t one of us.” [New York Times, 4/27/1995]
The US government denies two press reports concerning the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). One report, disseminated by the Fort Worth Star-Telegram, says that federal investigators have discovered a diary by bombing suspect Timothy McVeigh (see April 21, 1995 and April 27, 1995) that contained threats to bomb federal buildings in Phoenix and Omaha. Attorney General Janet Reno says during a news conference, “I have not received any evidence to that effect.” And the Defense Department denies reports that Army explosives might have been used in the bombing. [New York Times, 4/27/1995]
US magistrate Ronald L. Howland orders Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995) held without bail. Howland rules there is “an indelible trail of evidence” linking McVeigh to the bombing, and orders him detained. FBI agent John Hersley testifies that at least three witnesses place McVeigh near the Murrah Federal Building minutes before the blast that almost destroyed the building and killed over a hundred people. Hersley also testifies that McVeigh’s clothing bore chemical residue that matched the explosives used in the blast. The hearing is held in the El Reno Federal Corrections Center instead of the usual courtroom setting because of security concerns, in a prison cafeteria converted for the purpose. Only lawyers, FBI agents, and a small number of journalists are present, along with McVeigh, who is heavily cuffed and shackled. Hersley testifies that one witness, a meter maid, saw someone she believes to be McVeigh driving a Ryder Rental truck similar to the one that detonated in front of the Murrah Building. A second witness, Hersley says, saw someone who he believes to be McVeigh walking away from the Ryder truck after parking it in front of the building. A third witness saw what he believes to be two men (see April 20, 1995) driving away from the scene of the blast in a yellow Mercury (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). Hersley says that other witnesses saw McVeigh bring a Ryder truck to the Dreamland Motel in Junction City (see April 13, 1995), and saw him again in the truck a day before the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). The other person to testify is trooper Charles Hanger, who arrested McVeigh on unrelated gun charges (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). McVeigh’s lawyer John Coyle tells the judge that his client chooses to “stand mute” during the hearing, and later points out that none of the witnesses cited by Hersley actually saw McVeigh detonate the bomb. At the beginning of the hearing, both of McVeigh’s lawyers, Coyle and Susan Otto, again ask to be removed from the case (see April 24, 1995) because of their personal experiences with the bombing. “We heard it,” Otto tells Howland. “We smelled it. We lived there in it.” Otto lists the names of 10 people she and Coyle knew who were killed in the bombing. They both repeat their request that McVeigh’s trial be moved from Oklahoma City (see April 22, 1995). [New York Times, 4/27/1995; Serrano, 1998, pp. 223-224; Douglas O. Linder, 2001] Coyle will later tell reporters, “The reasons I accepted the appointment in the first place is that I’ve never seen anyone who needed a lawyer more than that boy did.” Now, however, “[t]his is a case where I know too many people. In a sense, I feel like a victim. Everyone in Oklahoma City feels like a victim. [McVeigh] deserves a lawyer who would have no hesitation in his defense.… If ever anyone needed a lawyer, it is this young man. And it should not be me.” [New York Times, 4/28/1995; Serrano, 1998, pp. 225]
Entity Tags: Federal Bureau of Investigation, Charles Hanger, El Reno Federal Corrections Center, Timothy James McVeigh, Ronald L. Howland, Dreamland Motel (Junction City, Kansas), Susan Otto, John Hersley, John Coyle, Murrah Federal Building
Timeline Tags: US Domestic Terrorism
Renowned defense lawyer Roy Black, who has refused to defend Timothy McVeigh. [Source: USLaw (.com)]With accused Oklahoma City bomber Timothy McVeigh’s two court-appointed lawyers, John Coyle and Susan Otto, asking to be removed from the case (see April 24, 1995 and April 27, 1995), it is unclear who will step up to represent McVeigh. Oklahoma defense lawyer Allen Smallwood tells a reporter: “I’ve said to many people, the acid test of a criminal defense lawyer is could you represent Hitler or Adolph Eichmann? And, yes, I could have. But the publicity and the downside to my life personally would be far, far greater in representing McVeigh than Hitler.” McVeigh is widely regarded as a pariah, and many lawyers fear that to associate themselves with his case would do them irreparable personal and professional harm. Officials at the National Association of Criminal Defense Lawyers say they are confident he will have the best defense possible. America has a long tradition of providing expensive and talented lawyers to represent even the most reviled and unpopular clients, going back to 1770, when future president John Adams represented British soldiers accused of murdering five colonists. If new lawyers are appointed, as seems likely, they will be chosen by the Defender Services Division of the Administrative Office of the United States Courts in Washington. Indications are that several lawyers have already been contacted about the case or expressed an interest in it and that the National Association of Criminal Defense Lawyers is sounding out possible volunteers in case its help is sought. Oklahoma City defense lawyer Robert A. Manchester says bluntly: “The Sixth Amendment of the Constitution says everybody has a right to counsel. That doesn’t mean they have a right to me.” An American Bar Association ethics rule allows lawyers to turn down appointments if the client is “so repugnant to the lawyer as to impair the lawyer-client relationship.” A number of prominent defense lawyers have already said they would not defend McVeigh. Roy Black, the Florida lawyer who defended William K. Smith, a Kennedy family cousin, on rape charges, has refused, saying: “I find I do the best job in cases where I’m really interested in what I’m doing, and believe in the people and have enthusiasm for it. If no other lawyer was available to take the case, I think I would have the obligation to take it. I don’t think that’s the situation here.” White-collar defense lawyer Carl Rauh says he would not defend accused bombers such as McVeigh. Jack Zimmerman, who defended Branch Davidian Steve Schneider (see March 13, 1993), says he would not defend a client accused of treason unless he was personally convinced of the client’s innocence. Zimmerman’s colleague Richard DeGuerin, who defended Branch Davidian leader David Koresh (see March 13, 1993 and March 29-31, 1993), notes: “You have to understand that the information known about this case is what’s being fed to the public by the authorities. We found out in Waco the public was not being fed the truth.” Lawyers William Kunstler and Ronald Kuby, who have made their reputations defending high-profile, unpopular clients, say they only take clients from the political left or members of minorities whom they feel can be made to represent social issues. “We don’t represent right-wing murderers,” Kuby says. “If I wanted to represent right-wing murderers, I’d become a corporate lawyer.” Kuby says he does not believe that anyone from the American left would have committed such a violent crime. And Manchester notes the difficulty any lawyer will face in becoming involved in such a trial. “My estimate is that whoever gets into the case is going to be faced with 70- to 90-hour weeks solid for six to eight months at $40 an hour for out-of-court time,” he says. “You’re starting two leagues behind the government, and you’ll run all the way until the final day of trial to try and catch up.” Los Angeles defense lawyer Harland Braun, who earlier in his career prosecuted five members of the notorious Manson Family, says: “The government had better make sure they have good cases that are well documented. Otherwise, you’re not only going to create martyrs, but you’re going to create perpetual questions like the JFK thing: Did this guy really do it or was he part of a plot? So you’d better know what you’re doing.” [New York Times, 4/28/1995] McVeigh’s lead lawyer will be Stephen Jones (see May 8, 1995).
Entity Tags: Harland Braun, Timothy James McVeigh, William Kunstler, Allen Smallwood, Administrative Office of the United States Courts, Carl Rauh, Stephen Jones, Susan Otto, Ronald Kuby, National Association of Criminal Defense Lawyers, John Coyle, Jack Zimmerman, Roy Black, Robert A. Manchester, American Bar Association, Richard DeGuerin
Timeline Tags: US Domestic Terrorism
Federal authorities say that the Arizona license plate missing from accused Oklahoma City bomber Timothy McVeigh’s Mercury (see 9:03 a.m. -- 10:17 a.m. April 19, 1995) appears on a vehicle in a security camera videotape made near the Murrah Federal Building just before the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Authorities believe the second suspect in the bombing, “John Doe No. 2” (see April 20, 1995), may have used that vehicle for his getaway. The videotape shows both the vehicle—not McVeigh’s Mercury Marquis—and the Ryder truck containing the bomb. The Associated Press attributes the report to a federal official who speaks on condition of anonymity. [New York Times, 4/29/1995]
The federal government prepares to lease a building in Oklahoma City to house the ever-expanding evidence surrounding the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), known as the “OKbomb” investigation. Evidence from the bomb scene, including tons of debris from the devastated Murrah Federal Building, will be microscopically examined at forensic laboratories run by the FBI and the Bureau of Alcohol, Tobacco and Firearms. Over a thousand federal, state, and local law enforcement officials are involved in the case. [New York Times, 4/29/1995]
Marife Nichols, the wife of suspected Oklahoma City bombing conspirator Terry Nichols (see April 30, 1995), is being held in FBI custody, ostensibly on a voluntary basis, though she will later contend she is being held against her will (see 3:15 p.m. and After, April 21-22, 1995). She is allowed to make phone calls. She calls Terry’s father Robert Nichols in Michigan, and has a conversation which is recorded by the FBI, apparently with her knowledge. Robert Nichols asks about his son James, currently in FBI custody as a third suspected conspirator (see April 25, 1995), along with his brother Terry and Timothy McVeigh (see April 21, 1995). Robert then asks Marife how she is doing, and how Nicole, the young daughter of Terry and Marife, is doing. She answers: “Oh, we’re doing fine. Everything is okay. I mean, they give us anything that we need here, and we’re fine.” She says she wants to return to her home country of the Philippines (see July - December 1990). “It would be a lot better for me to, uh, since you know I, I need to talk to my parents,” she says. “I wanted to go home, too. Uh, but I think they need to ask me a lot of, uh, questions about activities that we did ever since I got back here from Philippines.” Of her husband, she says: “I, I only talked to him once, on the telephone, and uh, he mainly just want me to go home. He, um, same as, as, you been watching the news?” Robert Nichols says he has, and she continues, “Yeah it’s, it’s all the same as, uh, James is, has, you know he’s just a material witness.” She asks if James has ever spoken to his father about any bombing plots, but Robert Nichols has no intention of passing along any potentially incriminating evidence against either of his sons. “No, it’s all news to me,” he says. Author Richard A. Serrano will later theorize that Marife is trying to flatter the FBI into letting her go with her repeated assurances that she and her daughter are being treated well. [Serrano, 1998, pp. 230-231]
Terry Nichols, a suspected accomplice in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and 3:15 p.m. and After, April 21-22, 1995) currently jailed in Wichita, Kansas, tells a jailer he wants a different book than the one he has been given to read. This book, he says, has a story “about an innocent man who is charged with murder, two counts, and it took him 14 years to get out of prison.” The guard replies, “Is that right?” and Nichols says, “I guess you really don’t know what your friends will do.” Nichols is apparently referring to suspected bomber Timothy McVeigh (see April 21, 1995). When the guard asks him who he is talking about, Nichols replies: “I’m talking about some of my friends, my friends. We were good friends. For five years… but it looks like… maybe he did it. And I think I may have… I may have accidentally helped him in doing it” (see September 13, 1994, September 22, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, October 29-30, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, November 9, 1994, January 19 - January 27, 1995, January 31 - February 12, 1995, February 20, 1995, March 1995, March 17, 1995, April 5-10, 1995, April 15-16, 1995, 5:00 a.m. April 18, 1995, 8:00 a.m. April 18, 1995, and 8:15 a.m. and After, April 18, 1995). The guard will file a report on the conversation, and add the following: “His last few words appeared to have been very hard for him to say. I believe he wiped a tear from his right eye.” [Serrano, 1998, pp. 216]
Vendors and individuals begin questioning the legitimacy of checks passed throughout the Rocky Mountain region and issued by the Norwest Bank of Anaconda-Butte in Montana. Subsequent investigation shows that the checks are phony, and are issued primarily through the auspices of Rodney Skurdal, a member of the anti-government Montana Freemen (see 1983-1995 and 1993-1994). Norwest president Bruce Parker says the checks are “totally without merit or value.” He says the Butte branch of the bank has been “involuntarily involved” since June 1993 with members of the Freemen movement. Freemen leader LeRoy Schweitzer and others issue false checks and file liens for hundreds of millions of dollars against public officials, private citizens, and journalists. The Freemen claim the money is owed for offenses against their sovereignty. [Billings Gazette, 3/25/2006]
Senate majority leader Bob Dole (R-KS) says the Senate should hold hearings on the FBI raid on the Branch Davidian compound outside of Waco, Texas (see April 19, 1993). The hearings, he says, should be “just looking for information, not looking for scapegoats.” [New York Times, 5/1/1995] A House investigation will conclude that the fires that consumed the Davidian compound and killed 78 members were set by the sect members, and not caused by any actions of the FBI (see August 4, 1995).
Federal officials confirm a news report that investigators have found a September 1994 receipt for the purchase of 2,000 pounds of ammonium nitrate by Terry Nichols (see September 30, 1994 and April 25, 1995), who has been charged in an unrelated bomb-building conspiracy with accused Oklahoma City bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995). According to a report by the Dallas Morning News, McVeigh’s fingerprints were found on the receipt. Ammonium nitrate was one of the key ingredients in McVeigh’s bomb. FBI investigators found the receipt wrapped around gold collector coins in a drawer in Nichols’s Herington, Kansas, home. [New York Times, 5/1/1995; Washington Post, 11/7/1997]
President Clinton says that Americans should not accept the idea that the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) is a political act, as many right-wing paramilitary groups are saying. Clinton says the groups enjoy freedoms that other countries would not grant them. In a speech to Emily’s List, a group that raises funds for Democratic office seekers who support abortion rights, Clinton says: “These people, who do they think they are, saying that their government has stamped out human freedoms? I don’t know that there’s another country in the world that would by law protect the rights of a lot of these groups.” [New York Times, 5/1/1995]
Federal investigators probing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) search a site at the Geary County State Fishing Lake just south of Junction City, Kansas, where accused bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995) assembled the bomb he used to devastate the Murrah Federal Building (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Witnesses have told investigators that they saw a yellow Ryder truck similar to the one used by McVeigh at the lake on April 18. Investigators find traces of ammonium nitrate and fuel oil (ANFO), the components of the bomb. [New York Times, 5/1/1995]
Federal investigators begin searching the Kingman, Arizona, home of Michael Fortier, a known friend and associate of accused Oklahoma City bomber Timothy McVeigh (see March 24, 1988 - Late 1990, May-September 1993, February - July 1994, September 13, 1994 and After, September 13, 1994, October 4 - Late October, 1994, October 21 or 22, 1994, December 16, 1994 and After, 8:35 a.m. - 9:02 a.m. April 19, 1995, April 19, 1995 and After, April 21, 1995, and April 24, 1995). Agents have been questioning Fortier and his wife Lori for days (see April 23 - May 6, 1995).
A dozen cars filled with about 20 agents drive onto Fortier’s property; Fortier’s trailer home sports an American flag and a yellow Revolutionary War-era banner showing a coiled snake and a “Don’t Tread on Me” slogan. The agents rope off the area with yellow tape. As the agents approach Fortier’s home, a neighbor and friend, James Rosencrans, emerges from his house and advances on the agents carrying a pistol and a rifle. Rosencrans gets into an argument with sheriff’s deputies, and is arrested for disorderly conduct. [New York Times, 5/1/1995] Rosencrans will not remain in custody. Soon after the altercation, he will tell a reporter that when he heard the news of the bombing, he thought of McVeigh and said at the time, “Our boy’s been busy.” [New York Times, 7/3/1995]
The FBI issues a nationwide alert for two men wanted as material witnesses in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The men, Gary Allen Land and Robert Jacks, are under suspicion by federal investigators of having ties to bombing suspect Timothy McVeigh (see April 21, 1995 and April 24, 1995). Land and Jacks, who live on disability checks and drive aimlessly around the country in a 1981 Ford Thunderbird, rented a room in an Arizona motel near McVeigh’s room in the first week of April. On April 19, Land and Jacks checked into the Deward and Pauline’s Motel in Vinita, Oklahoma, some 180 miles northeast of Oklahoma City. On April 20, the day after the bombing, they checked into the Dan-D Motel in Perry, Oklahoma, where McVeigh was being held by local authorities on unrelated charges (see 9:03 a.m. -- 10:17 a.m. April 19, 1995), checked out after just a few hours, and returned to their motel room in Vinita, some 140 miles away, where they stayed until April 24. Investigators believe that Land and Jacks may have been able to find out that McVeigh was being held by the local police, perhaps through an intermediary. Investigators tell reporters that the hunt for Land and Jacks may prove the contention that McVeigh was a part of a larger conspiracy (see April 24, 1995 and After). Some federal officials suggest Land may be “John Doe No. 2” (see April 20, 1995), based on his superficial resemblance to the sketch. Investigators search the Vinita and Perry motels, interviewing the managers and searching the rooms occupied by the two men. Land’s Thunderbird has an Arizona license plate; the car is registered to the address of the El Trovatore Hotel in Kingman, Arizona, the town where McVeigh spent so much of his time before the bombing. The managers of the El Trovatore say that Land and Jacks rented three different units from them between November 1994 and April 1995. The El Trovatore is a short distance from the Imperial and Hill Top Motels, where McVeigh stayed from April 1 through April 12 (see March 31 - April 12, 1995). The managers say that Land and Jacks told an employee that they were driving to Oklahoma to look for jobs; Jacks told another employee that he was Land’s uncle. Motel employees describe the two as, the New York Times writes, “brooding beer drinkers who sometimes played country music, but for the most part kept to themselves.” Neither man worked, employees say, but both paid their rent in cash and sometimes left their rooms during the morning as if they were going to jobs. Jacks told them that he and Land drove to nearby Needles, California, once a month to pick up their checks. At dawn on May 2, a dozen FBI agents in SWAT gear raid the two men’s motel room in Carthage, Oklahoma (the motel manager’s wife stays up all night making pancakes for the agents while they prepare for the raid). The two spend 18 hours in custody while agents search the room and the Thunderbird, using a remote-controlled robot to open the car’s doors in case it is wired to explode. Land and Jacks have no connection to McVeigh, and know nothing of the bombing. They will make a brief and memorable appearance on ABC’s Nightline a few nights later, where they boast of being long-time drunks and talk about their treatment at the hands of the FBI. [New York Times, 5/1/1995; Serrano, 1998, pp. 263-264] USA Today will put their pictures on the front page, above the fold, giving the impression that the FBI has solved the bombing case with the “capture” of these two “suspected conspirators.” [Stickney, 1996, pp. 193]
The San Francisco Chronicle publishes an article about the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the lengthy spate of bombings attributed to the “Unabomber” (see May 25-26, 1978 and April 24, 1995). The first person quoted in the Chronicle article is Tom Tyler, a social psychology professor at the University of California at Berkeley. Unbeknownst to Tyler or the Chronicle, the Unabomber is Theodore “Ted” Kaczynski, a former mathematics professor at Berkeley (see April 3, 1996). Tyler, who will later say he was not at Berkeley when Kaczynski taught there, receives a letter from the Unabomber shortly after the article is published. The letter is addressed to Tyler, and identifies him as “head of the social psychology group,” the same incorrect title he was given in the Chronicle. It contains a long manuscript written by the Unabomber (see April 24, 1995) and asks him to read it. “I said in the article that the Oklahoma City bomber and the Unabomber were examples of people who had exaggerated feelings that the government was out to get them,” Tyler later recalls. “The Unabomber objected to that characterization of him.” The letter asks Tyler to read his document, which he had sent to the New York Times, the Washington Post, and three other media outlets (see September 19, 1995). Tyler responds that he welcomes Kaczynski’s suggestion that revolution “need not be violent or sudden,” says that Kaczynski is not alone in feeling discontented with today’s society, and that “it is wrong to simply say that people who are dissatisfied are in some way non-rational.” However, Tyler disagrees with his argument that industrial-technological society cannot be reformed. [Associated Press, 7/5/1995; Washington Post, 4/14/1996]
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]
The Montana Militia calls newly elected Representative Helen Chenoweth (R-ID) the best friend militia groups have in Congress, according to a report by the New York Times. The Montana Militia’s fall 1994 catalogue sells, among other items, a bomb-making manual, tapes explaining the “one-world government” conspiracy, and a video of a speech made by Chenoweth in late 1993, in which, the catalogue claims, she told listeners over 50 percent of the United States is now under “the control of the New World Order” (see September 11, 1990). She does not use the actual term on the videotape. “We are in a day and age now when we are facing an unlawful government from time to time,” she told listeners. “We are in a battle today that is far more insidious and dangerous as far as conquering our people and our soul than we have ever faced before. Our land has been taken. It’s time we reclaim our land.” The tape is titled “America in Crisis” and is sold along with tapes like “En route to Global Occupation,” which states, “The anti-Christ is not coming—he’s here!” Chenoweth has also made claims of an impending “New World Order” takeover of the United States, and has cited as proof the UN’s designation of Yellowstone National Park as a world heritage site. (The Sierra Club will note: “In real life, the UN label means only that the site has ‘outstanding universal value.’ The regulations under which it was designated were drawn up by Ronald Reagan’s Interior Secretary, James Watt.”) Chenoweth is now under pressure to explain her contacts with militia groups, an issue that did not significantly arise during the 1994 election but was sparked by recent revelations that Representative Steve Stockman (R-TX) received faxes from militia groups in the hours after the Oklahoma City bombings (see 10:50 a.m. April 19, 1995 and April 23-24, 1995). Ken Toole of the Montana Human Rights Network says, “Given what we know about the conspiratorial world view and violent tendencies that are at the core of militia beliefs, for elected officials to be supportive or even neutral does nothing but embolden these people.” In March 1995, Chenoweth issued a press release demanding that the federal government immediately stop sending “black helicopters” filled with armed federal agents to interfere with private citizens’ affairs in her state (see February 15, 1995). Chenoweth, Stockman, and other congressional members who have had militia members as campaign volunteers and have presented militia concerns to the House insist that they are doing nothing more than looking out for their constituents. [New York Times, 5/2/1995; Sierra Magazine, 5/1996]
Dan Kane, the managing editor of the Lockport, New York, Union-Sun & Journal, testifies about two letters to the editor his paper printed that were written by Oklahoma City bombing suspect Timothy McVeigh (see February 11, 1992). Kane testifies before a grand jury hearing evidence of McVeigh’s involvement in the bombing. A Union-Sun & Journal employee recently told a reporter: “We have a longstanding policy; we print every letter.… We have a fair amount of that kind of mail, and it’s probably encouraged because we allow it” to be published. [Los Angeles Times, 4/27/1995]
FBI crime laboratory technicians comb through over 15,000 “entries” (items of evidence) from the Oklahoma City bombing scene (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and from material gathered from suspects Timothy McVeigh (see April 21, 1995) and Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and May 1, 1995), eventually producing over 10,000 pages of lab notes. The prime focus at the outset is on McVeigh’s personal effects. No high-explosive materials are found on McVeigh’s jacket or boots, nor are any traces found on the blanket or cloth bag recovered from his car. However, traces of explosive compounds similar to those used in the bombing are found in the inside pockets of his jeans and on his earplugs, which he presumably used to protect his hearing from the roar of the explosion. [Serrano, 1998, pp. 222-223]
FBI agent Frederic Dexter and his colleague Jay Matthews begin the enormous task of sorting through telephone data concerning the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), working primarily out of the FBI’s Fort Riley, Kansas, command center. Over the next 15 months, they search 156 million phone records. They are joined by agents looking through some 600,000 motel registration cards from the area. [Serrano, 1998, pp. 222]
Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 24, 1995) disavows two Houston lawyers who say they have been hired by his family to represent them. One of the lawyers, Brent Liedtke, suggests McVeigh is being manipulated by his two current defense lawyers, who have said they do not wish to continue representing McVeigh (see April 24, 1995 and April 27, 1995). Liedtke goes on to accuse prison officials of denying him and his partner, Paul Looney, access to McVeigh. In a one-page “advisement to the court,” McVeigh says Looney and Liedtke have portrayed themselves as his lawyers against his wishes. He says he met briefly with them at the Federal Correctional Institution at El Reno, Oklahoma, on April 27 and told them he did not want them on the case. “Any statements made by Messrs. Looney and Liedtke to the contrary are false and unauthorized,” McVeigh’s statement reads in part. “I do not now, nor did I ever, desire their representation in this matter.” McVeigh’s “advisement” is filed by his current lawyers, Susan Otto and John Coyle. Liedtke states that he doubts McVeigh wrote the document, saying: “I don’t think he uses words like ‘Messrs’ and like this. This is not the way he talks.” Liedtke says McVeigh’s sister Jennifer (see April 24, 1995) retained Looney. [New York Times, 5/4/1995]
Mohammed Jamal Khalifa, bin Laden’s brother-in-law, is reportedly released from a US prison on May 3, 1995, and deported to Jordan to stand trial there. He had been sentenced to death while outside Jordan, but according to Jordanian law he is allowed a retrial if he shows up in person for it. Media accounts at the time place Khalifa in Jordan, attending his retrial. For instance, according to one article published on May 15, “In San Francisco last week, American police officials quietly placed a slender, bearded man on a plane to the Middle East, where he was taken into custody by Jordanian security guards.” [US News and World Report, 5/15/1995] Another article from July 19 puts him in a Jordanian courtroom, saying, “Khalifa sobbed in relief as the verdict was pronounced….” [Agence France-Presse, 7/19/1995] However, US prison records released years later will indicate Khalifa was transferred to the custody of another unnamed US government agency on May 3 instead. He then remained in the US or in a remote US facility overseas until leaving the prison system on August 31, 1995, almost four months later. By that time, his trial in Jordan is over and he is allowed to go free there. Whether this contradiction is a clerical error or if there is some other explanation is not known. [Lance, 2006, pp. 165-166]
The search for bodies at the bombed-out Murrah Federal Building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995) is called off due to the instability of the remaining structure. The bodies of Christi Rosas, Virginia Thompson, and Alvin Justes, who were all in the building’s credit union, remain buried in unstable rubble. The bodies will be recovered on May 29. [Douglas O. Linder, 2001; Fox News, 4/13/2005]
Michael Fortier, a suspected participant in the Oklahoma City bombing conspiracy (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After) whom the FBI believes has lied to investigators (see April 23 - May 6, 1995), unsuccessfully attempts to foil investigators by removing a cache of guns and drugs from his home. FBI personnel monitor the activities at the Fortier home, and place Fortier under court-authorized electronic surveillance of his telephone and inside his home. Soon after the wiretaps are placed, Fortier makes a number of belligerent statements to a friend, Lonnie Hubbard, in a phone call, saying if he is called to testify in any trial, he will pick his nose on camera and “flick it” at the lens. “Flick it and then kind of wipe it on the judge’s desk,” he says. He will also invite the lawyers to play a game of “pull my finger” during any such testimony, he says, between bouts of laughter. “I’m the key, I’m the key,” he tells Hubbard. “Cause you’re the key,” Hubbard replies. “The key man,” Fortier says. “That can unlock the whole mystery,” Hubbard says. “The head honcho.… I hold the key to it all.” To his brother John Fortier, he brags about the instant celebrity he will achieve, saying that he will concoct “some asinine story and get my friends to go in on it.… I found my career, ‘cause I can tell a fable.… I could tell stories all day.” To his friend Glynn Bringle, he says: “I want to wait till after the trial and do book and movie rights. I can just make up something juicy. Something that’s worth the Enquirer [a tabloid news publication], you know.” He speculates that he can sell photographs of McVeigh for $50,000, and make up to a million dollars by marketing his life story with McVeigh. “Make one cool mil,” he boasts. He tells some of his lies to a CNN reporter, in a segment that is broadcast nationwide (see May 8, 1995). Fortier’s parents, Paul and Irene Fortier, beg him to tell the truth to the federal investigators; Fortier later says the entire situation drove his father into “a nervous breakdown,” and admits lying to his father about his involvement. The FBI microphones record Fortier screaming at his mother, “Shut the f_ck up!” when she brings up the problems the family is suffering. [Serrano, 1998, pp. 240-243]
Stephen Jones. [Source: Associated Press]Attorney Stephen Jones is named by the court as the lead defender of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). He agrees to work for a taxpayer-funded rate of $125 an hour, considerably less than his usual fee. Jones, who primarily represents large oil and insurance firms, is a Republican activist who failed to unseat Senator David Boren (D-OK) in 1990 and has represented a number of unpopular clients. He is joined by another prominent defense attorney, Robert Nigh Jr., a lawyer recommended to the case by Jones before he himself was chosen to represent McVeigh. Jones discussed the request from Judge David L. Russell with, among others, Governor Frank Keating (R-OK); Jones has done legal work for Keating in the past, and wished to ensure that his representation of McVeigh would not damage Keating’s reputation. Jones eventually accepted Russell’s request; when he accepted, Russell quipped, “I hope I haven’t signed your death warrant.” Jones replied, “That makes two of us.” To the media, Jones says: “My role is as old as the Constitution. Whether I perform professionally will be determined by how I conduct myself and whether my client is satisfied.… I did not seek or request the appointment or even encourage it in any way. I have been drafted. However, I will do my duty.… I will seek, for my part, to avoid the circus atmosphere that has prevailed in certain other well-known jurisdictional proceedings, which have included the self-promotion and self-aggrandizement of some individuals. I am a small-town county-seat lawyer.… I want to set a contrast to the O. J. Simpson [a former athlete and Hollywood celebrity recently acquitted of murdering his wife and another man in a sensational court proceeding] trial, which represents much of what is wrong with the legal process,” he says, referring to what he sees as “a lot of self-aggrandizement by all the parties: the witnesses, the jury, the judge, the lawyers.” He concludes with a warning to the press: “There is a well-recognized tension between the need for a free press and a fair trial, so I hope the ladies and gentlemen of the press will understand that I will defend this case in the courts of law.” Jones is working with McVeigh’s current lawyers, John Coyle and Susan Otto, who are preparing to leave the case (see April 24, 1995 and April 27, 1995). (When the media announces Jones’s naming to the case, one of Coyle’s staffers shouts: “You watch. He will make it all about himself.”) Jones is preparing McVeigh for a grand jury, which is being seated to hear evidence against him. McVeigh turned down the offered services of two lawyers (see May 3, 1995), but is willing to accept Jones’s services. [New York Times, 5/8/1995; New York Times, 6/15/1995; Stickney, 1996, pp. 231; Serrano, 1998, pp. 248-249; Douglas O. Linder, 2006; TruTV, 2/2009] “There’s no doubt in my mind that Stephen Jones views this to be a horrible crime,” Tony Graham, a former federal prosecutor who has often opposed Jones in court, will comment. “That he can go ahead and represent a person accused of that is the mark of a very professional lawyer.” Enid lawyer and former mayor Norman L. Grey will say: “With Stephen, you know you have a battle on your hands. I don’t think there’s a better legal mind in the area of criminal proceedings, state or federal.” [New York Times, 6/15/1995]
Conspiracy Theories, 'Necessity' Defense - Later, Jones will recall watching news footage of the bombing at his law office in Enid, Oklahoma, and remember his old elementary school being firebombed. “I recognized it as a bombing right away,” he will say. “And the minute I heard about the day care, I thought, ‘That’s it.’ Because I remembered the babies at Waco (see April 19, 1993 and April 19, 1993 and After). And later that night I heard about old man Snell [executed white supremacist Richard Wayne Snell—see 9:00 p.m. April 19, 1995] and I thought, ‘Yes, that’s relevant too.’” Author Richard A. Serrano will later write, “Even on that first evening, Jones was thinking conspiracy theories.” [Serrano, 1998, pp. 249] Though Jones is not forthcoming about the defense strategy he and McVeigh intend to deploy, legal observers speculate that they will base their defense on attempts to discredit government witnesses that the prosecution will use to build their case against McVeigh. Court observers say McVeigh is working actively with Jones on their defense. In the following days, Jones will begin interviewing people in Kansas, Oklahoma, and elsewhere, trying to undermine the credibility of the witnesses the prosecution is expected to bring into court. Jones is also expected to try to prove that the prosecutors’ evidence against McVeigh is largely circumstantial and therefore open to reasonable doubt. Observers doubt that Jones will try to use an insanity defense, because McVeigh is clearly competent to stand trial. They also doubt that Jones will try to allege that McVeigh was motivated by political opposition to the government, since innocent people, including children, were killed in the blast. No one feels that the prosecution will offer McVeigh any sort of plea deal. [New York Times, 5/11/1995] Researchers later learn that McVeigh wants Jones to present what some call a “necessity defense”—admitting to the bombing and justifying it by detailing what he considers the “crimes” of the federal government that his bombing was designed to prevent. McVeigh believes that if the jury hears about the government’s actions at Ruby Ridge, Idaho (see August 31, 1992 and August 21-31, 1992), and at the Branch Davidian compound outside Waco, Texas (see April 19, 1993 and April 19, 1993 and After), at least some of the jurors will be sympathetic. More importantly, such a politicized trial would give McVeigh the opportunity to make his case against an overreaching federal government in the larger court of public opinion. Jones will resist presenting such a defense, in part because he believes that McVeigh has no chance of establishing, as he would be required to do to raise the defense, that the federal government put him in “imminent danger.” [Douglas O. Linder, 2006]
Third Lawyer to Join Jones, Nigh - Two weeks later, Russell will name Houston lawyer Richard Burr to join Jones and Nigh for the defense. Burr has extensive experience working with death penalty cases, and formerly directed the Capital Punishment Project of the NAACP Legal Defense and Educational Fund. “Any capital case, but particularly one of this magnitude, calls for our system of justice to perform as reliably, as fairly, and as humanely as it can,” Burr will say. “I feel honored to become a part of the defense team in Mr. McVeigh’s case.” [New York Times, 5/23/1995]
Entity Tags: David Boren, David L. Russell, John Coyle, Frank Keating, Tony Graham, Norman L. Grey, Susan Otto, Richard A. Serrano, Timothy James McVeigh, Richard Burr, Stephen Jones, Robert Nigh, Jr
Timeline Tags: US Domestic Terrorism
Michael Fortier, a suspected co-conspirator in the Oklahoma City bombing (see March 24, 1988 - Late 1990, March 1993, May-September 1993, February - July 1994, October 21 or 22, 1994, December 16, 1994 and After, 8:35 a.m. - 9:02 a.m. April 19, 1995, and April 19, 1995 and After), tells a CNN interviewer that neither he nor accused bomber Timothy McVeigh had any involvement in the bombing. Of McVeigh, Fortier says: “I do not believe Tim blew up any building in Oklahoma. There’s nothing for me to look back and say: ‘Yeah, that might have been. I should have seen it back then.’ There’s nothing like that.” He continues: “People cannot make a judgment on his guilt by what they read in the paper. But by what I see on TV, they have. They want his blood. In America, we believe people are innocent until proven guilty. Everyone must remember that. Whoever says, ‘Forget the judiciary system, let’s just hang him now,’ those people are not Americans. They may think they are, but they are not Americans.” Fortier refuses to speculate on the identity of the so-called “John Doe No. 2” (see April 15, 1995, 9:00 p.m. April 17, 1995, 3:00 p.m. April 17, 1995, April 18, 1995, April 20, 1995, April 21, 1995, and April 29, 1995), instead continuing to defend McVeigh. “I just want to tell him to be strong. You are not alone. Right now, he might feel like there isn’t anyone on this earth who is any way supportive of him. But there is. Everyone should be supportive of him because he’s an innocent man.” Fortier is lying about his lack of knowledge of McVeigh’s involvement, and his own (see April 23 - May 6, 1995). [Washington Post, 8/9/1995; Serrano, 1998, pp. 243] In August 1995, Fortier will testify as to his involvement with McVeigh in the bombing plot, and will admit that McVeigh told him of his intentions to bomb the Murrah Federal Building in Oklahoma City (see August 8, 1995).
US President Bill Clinton and Russian President Boris Yeltsin issue a joint statement announcing that they endorse a set of principles for negotiating the deployment of “theater missile defense” systems (TMD), designed for protection from intermediate-range ballistic missiles (IRBMs) and smaller “tactical” or “battlefield” nuclear weapons. TMD systems will not be designed and implemented in a manner that poses a serious threat to either side’s nuclear arsenals. They both agree that the 1972 ABM Treaty (see May 26, 1972) “does not apply to theater missile defense systems that may simply have a theoretical capability against some strategic missiles but which would not be militarily significant in the context of operational considerations.” They agree that “theater missile defense systems will not be deployed by the sides for use against each other,” and that “the scale of deployment—in number and geographic scope—of theater missile defense systems by either side will be consistent with theater missile defense programs confronting that side.” The two nations will develop their respective TMD systems “on a cooperative basis.” [Federation of American Scientists, 1/15/2008]
Jennifer McVeigh ( April 24, 1995), the sister of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), retains two lawyers to represent her in the event she is charged in the case. The lawyers are Joel L. Daniels and Andrew C. LoTempio, both of upstate New York, in the same area as the McVeigh family home in Pendleton, New York. Daniels has told the Buffalo News that he worries the FBI may charge Jennifer McVeigh with conspiracy. [New York Times, 5/9/1995]
Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and 3:15 p.m. and After, April 21-22, 1995) is charged as a co-conspirator in connection with the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Prosecutors say that Nichols, though he did not participate directly in the bombing, played a direct and central role in carrying it out with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). Nichols is charged in a criminal complaint that is filed under seal with the court; a lawyer involved in the case says the prosecution may be trying to keep some undisclosed details of the evidence it is providing out of the public eye for the time being. Nichols’s lawyer, public defender David Phillips, says he expects Nichols to be indicted at any time. Nichols is being held in custody in Wichita, and will likely be moved to Oklahoma City soon. Prosecutors may be pressuring Nichols to turn state’s evidence against McVeigh, and lead them to others who may have been involved in the plot, particularly the elusive “John Doe No. 2” (see April 20, 1995). Nichols insists that he had no idea McVeigh planned to bomb the Murrah Federal Building, but prosecutors believe otherwise. One witness who may testify against Nichols is his former wife, Lana Padilla. In an interview Padilla recently gave to a tabloid television show, American Journal, she said Nichols gave her a package in 1994 that contained a key to a storage locker; the locker contained thousands of dollars in gold and silver bouillon (see November 5, 1994 - Early January 1995). In previous interviews with reporters, Padilla had not mentioned the locker. Investigators also believe that their 12-year-old son, Joshua Nichols, may have been at the rental office in Junction City where the Ryder truck containing the bomb was rented (see April 15, 1995). Some witnesses in Herington, Kansas (see (February 20, 1995)), say they saw Joshua Nichols in town the same day that McVeigh rented the Ryder truck in Junction City; a supermarket manager recalls seeing Nichols and his son on April 17, when they rented three film videos and bought a can of peanuts. “They browsed around about 30 minutes,” the manager says. “He came up to the clerk and said he was a new customer. She asked for his driver’s license and he said he didn’t have one. She asked for his Social Security number, and he just told us a number.” [New York Times, 5/9/1995; Douglas O. Linder, 2001; Fox News, 4/13/2005] Joshua Nichols tells reporters for ABC News that he was not with his father as the supermarket manager has stated. Prosecutors say Padilla put her son on a plane for their home in Las Vegas on April 17. [New York Times, 5/10/1995] Nichols is formally charged the following day (see May 10, 1995).
Federal prosecutors charge Terry Nichols, a suspected co-conspirator in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and May 9, 1995), with conspiring to carry out the bombing along with accused bomber Timothy McVeigh (see April 21, 1995). If convicted, Nichols could face the death penalty under federal anti-terrorism laws. Nichols is escorted under heavy guard into the Wichita, Kansas, federal courthouse; a woman in the crowd screams at him, “Baby killer!” Nichols is charged with being a direct participant in the “malicious damage and destruction” of a federal building, and charged with aiding and abetting the attack. Prosecutors have not yet revealed the evidence they have against him. The charges faced by McVeigh and Nichols are likely to be augmented or replaced entirely by a broader conspiracy indictment, federal officials say. Nichols’s public defender, Steven Gradert, refuses to speculate on whether the prosecutors are attempting to pressure Nichols into cooperating with their prosecution of McVeigh. “I don’t know,” Gradert says, and adds that he believes “the government is not quite sure what the theory of this case is.” Nichols is being transported to Oklahoma, where he will be incarcerated at the El Reno Federal Corrections Center, the same facility that currently houses McVeigh. Nichols’s ex-wife Lana Padilla and their son Joshua Nichols are in Oklahoma City to testify before a grand jury empaneled to hear evidence about the bombing. The FBI is also pressuring another friend of McVeigh’s and Nichols’s, Michael Fortier, to give more information (see April 23 - May 6, 1995, May 1, 1995 and May 8, 1995). Nichols has been held in the Sedgwick County, Oklahoma, jail since April 22 as a material witness to the bombing. He is accompanied by his two public defenders, Gradert and David Phillips. Gradert calls his client “scared… upset, and… nervous.” [New York Times, 5/10/1995]
FBI agents, having held Operation Bojinka plotter Abdul Hakim Murad for about a month, write a memo containing what they have learned from interrogating him. The memo contains many interesting revelations, including that Ramzi Yousef, a mastermind of the 1993 World Trade Center bombing, “wanted to return to the United States in the future to bomb the World Trade Center a second time.” However, this memo does not contain a word about the second wave of Operation Bojinka—to fly about 12 hijacked airplanes into prominent US buildings—even though Murad had recently fully confessed this plot to Philippines investigators, who claim they turned over tapes, transcripts, and reports with Murad’s confessions of the plot to the US when they handed over Murad. It has not been explained why this plot is not mentioned in the FBI’s summary of Murad’s interrogation. [Lance, 2003, pp. 280-82] If the US does not learn of the second wave plot from Murad’s interrogation, it appears the US get the same information from a different source at about the same time (see Spring 1995). After 9/11, a Philippine investigator will refer to this third plot when he says of the 9/11 attacks, “It’s Bojinka. We told the Americans everything about Bojinka. Why didn’t they pay attention?” [Washington Post, 9/23/2001] In an interview after 9/11, Khalid Shaikh Mohammed will claim that the 9/11 attacks were a refinement and resurrection of this plot. [Australian, 9/9/2002]
A federal grand jury in Detroit charges James Nichols (see December 22 or 23, 1988, April 21, 1995 and After, and April 25, 1995) with conspiracy to build explosives. James is the brother of Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995), accused of conspiring with Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). The charges against James Nichols do not directly accuse him of conspiring with his brother and McVeigh to build the Oklahoma City bomb; the three-count indictment, brought by Assistant US Attorney Robert Cares, applies only to crimes Nichols is alleged to have committed in Michigan. It also refers to “other persons, whose names are known and unknown to jury” who joined in the conspiracy. The indictment says the conspiracy stretched from 1988 until federal agents raided Nichols’s farm on April 21, two days after the Oklahoma City bombing, and says the government has reason to believe Nichols had “prior knowledge” of the bombing. The indictment allows law enforcement authorities to keep Nichols in custody and to cancel an upcoming hearing for Nichols’s possible release. Nichols is being held pending arraignment before a federal magistrate. The indictment is based largely on testimony from Nichols’s neighbors (see April 21, 1995 and After), and is apparently similar to evidence provided in a criminal complaint filed in late April (see April 25, 1995). The indictment adds new details, such as the allegation that in 1994 he and his brother made and stored grenades at the Nichols farm, and in 1992 the brothers and McVeigh experimented with making and detonating bombs made of “readily available materials” like brake fluid. It also cites a letter McVeigh wrote James Nichols that said in part, “Keep me posted on any ‘trouble,’” a statement Cares interprets as pertaining to the bombing. [New York Times, 5/12/1995; Serrano, 1998, pp. 235]
An FBI affidavit filed today in Oklahoma suggests that planning for the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) began as early as September 1994, when accused bombing conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995 and April 24, 1995) began buying thousands of pounds of ammonium nitrate fertilizer and rented the first of several storage sheds in small towns in Kansas (see October 17, 1994). Nichols is accused of accumulating two tons of ammonium nitrate and, just before the bombing, purchasing an unspecified quantity of diesel fuel, another essential ingredient for the bomb. The affidavit, unsealed at a hearing for Nichols at the El Reno Federal Corrections Center outside Oklahoma City and intended to show a judge that sufficient grounds exist to charge Nichols with the bombing, provides the first look at the government’s case against Nichols and accused bomber Timothy McVeigh (see April 21, 1995). The affidavit provides a chronological timeline of events that together portray Nichols and McVeigh as Army buddies turned amateur terrorists, and suggests that Nichols may have actually led the bomb-making effort, though he did not participate in the bombing itself. Nichols’s brother James Nichols has also been indicted on charges of building bombs (see May 11, 1995). However, the indictment shows no direct involvement by James Nichols or anyone else in the bombing conspiracy. The indictment specifically offers no evidence that the as-yet unidentified “John Doe No. 2” (see April 20, 1995), suspected of accompanying McVeigh when he rented the Ryder truck used to deliver the bomb (see April 15-16, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is involved in the bombing, though authorities continue to search for him, believing him to be either a co-conspirator or a valuable witness. The affidavit states that “an explosive device of the magnitude” that wrecked the Murrah Federal Building “would have been constructed over a period of time utilizing a large quantity of bomb paraphernalia and materials.” Building such a bomb, the document says, “would necessarily have involved the efforts of more than one person,” although it does not say how many. The affidavit also reveals that five months before the bombing, Nichols left a letter that instructed McVeigh to clean out two of the storage sheds if Nichols were to unexpectedly die, told McVeigh he would be “on his own,” and said he should “go for it!” (see November 5, 1994 - Early January 1995). It shows that a search of Nichols’s home found numerous materials appearing to be related to the bomb, including explosive and other materials used in the bomb itself. And Nichols has admitted to having the knowledge required to make an ANFO (ammonium nitrate and fuel oil) bomb such as the one used in Oklahoma City. He said he disposed of ammonium nitrate by spreading it on his yard on April 21 after reading press accounts that the substance was one of the ingredients used in the bomb, and told investigators that the materials they found at his home were “household items.” After the 13-minute hearing, US Magistrate Ronald L. Howland orders Nichols held without bail pending a preliminary hearing scheduled for May 18. Patrick M. Ryan, the interim US Attorney for the Western District of Oklahoma, reads the charges against Nichols, and says the government will seek the death penalty. Nichols is currently represented by two federal public defenders, David Phillips and Steven Gradert, but the judge is expected to appoint another lawyer to represent Nichols on the bombing charges. [New York Times, 5/12/1995]
Authorities indict Steven Garrett Colbern on federal weapons charges in Oatman, a small mining town in northwestern Arizona. They describe Colbern as a “drifter” who is wanted on weapons charges in California. Colbern becomes of far more interest to federal authorities when he tells them he knew accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). However, authorities say they have no reason to believe Colbern was part of the bomb plot. Colbern attempted to fight off the law enforcement officials who arrested him, even attempting to pull a pistol during the brief melee, and is charged with resisting arrest as well. Investigators search his Oatman trailer and find firearms, ammunition, stolen medical supplies, and a laboratory for making methamphetamine, but no evidence linking Colbern to the bombing. Colbern tells investigators that he knew McVeigh under his alias, “Tim Tuttle” (see October 12, 1993 - January 1994 and February - July 1994), but says he knows nothing about the April 19 bombing. US Attorney Janet Napolitano says she does not want Colbern released on bail just yet. Oatman residents say Colbern came to town about four months ago, and has supported himself as a dishwasher and cook’s helper at a local restaurant. He has a degree in chemistry from UCLA and was a former research associate in DNA studies at Cedars-Sinai Research Institute in Los Angeles. Acquaintances who knew him during his youth in Oxnard, California, say he always had an interest in science and explosives. Dale Reese, who knew Colbern in a school biology club, says of Colbern: “He did talk about explosives. He was just interested in those sorts of things. He just liked making things go boom. He was very strange, very smart, kind of nerdish, kind of lonerish. I didn’t like the guy.” Authorities found a letter in McVeigh’s possession addressed to someone with the initials “S.C.,” and further investigation connected the letter with Colbern. Oatman is only 20 miles southwest of Kingman, Arizona, where McVeigh has frequently lived (see November 1991 - Summer 1992, May-September 1993, February - July 1994, September 13, 1994 and After, October 4 - Late October, 1994, February 1995, February 17, 1995 and After, and March 31 - April 12, 1995). Restaurant owner Daryl Warren tells a reporter that he has heard Colbern express anti-government and pro-Nazi sympathies in the past, and has spoken of the Arizona Patriots, a right-wing paramilitary group (see April 22, 1995). Warren says: “I do recall on two or three occasions politics being brought up, and he would always make references to the Third Reich. I was convinced that he was not too happy with our government.” Warren also says that Colbern was out of town for two or three weeks at the time of the bombing; Lou Mauro, who employs Colbern, says Colbern told him he was going to Los Angeles to visit his ailing mother and did not return until the weekend of April 22. One of Colbern’s roommates, Preston Scott Haney, says he and Colbern were together at the time of the bombing. “They [the FBI] think he is part of the Oklahoma bombing, but he was sitting right next to me when the bomb went off,” Haney says. “And he was here the week before and the week after.” Officials in Washington say they do not believe Colbern is “John Doe No. 2,” the missing man suspected of either being part of the bombing plot or a material witness to the conspiracy (see April 20, 1995). Another of Colbern’s roommates, Dennis Malzac, is also arrested on arson charges, and is suspected of being connected to an explosion behind a house in Kingman last February (see February 1995), along with a second man suspected of being in Connecticut. [New York Times, 5/13/1995] Newsweek will describe Colbern as a “gun-toting fugitive.” [Stickney, 1996, pp. 193] Days later, federal officials will clear Colbern of any involvement in the bombing. They will say that they hope Colbern can shed some light on McVeigh’s activities in the months before the bombing, and may offer him leniency on the charges he faces if he becomes a witness for the government prosecution of McVeigh. Both Colbern and McVeigh frequented gun shows in the northern Arizona area, but no witnesses have come forward to say they ever saw them together. [New York Times, 5/16/1995] Authorities believe McVeigh may have tried to recruit Colbern for his bomb plot (see November 30, 1994).
Amo Roden. [Source: Amo Roden]Reporter Peter J. Boyer publishes an article in the New Yorker depicting the almost-mesmerizing attraction the scene of the 1993 Branch Davidian massacre (see April 19, 1993) has over radical right-wingers. The site of the Branch Davidian compound, on a hill outside Waco, Texas, has been razed and burned over, but enough debris remained for Amo Bishop Roden to come to the site, fashion a crude shack from fence posts, pallets, and sheet metal, and take up residence there. Roden, the wife of former Davidian leader George Roden (see November 3, 1987 and After), says God told her to come to the site to keep the “end-time church” of Davidian leader David Koresh alive. She makes money by selling Davidian memorabilia, including T-shirts and photos. “People come by every day,” she says. “And usually it’s running around a hundred a day.” Most of the people who come to the site are tourists, she says, “but some are constitutional activists.” Boyer writes that Roden’s “constitutional activists” are “members of that portion of the American extreme fringe which believes the FBI raid on the Davidian compound exemplified a government at war with its citizens.” Boyer writes that those radical fringe members regard the Davidian compound as “a shrine,” and view April 19, the date of the Davidians’ destruction, as “a near-mystical date, warranting sober commemoration.” Last April 19, two things occurred to commemorate the date of the conflagration: the unveiling of a stone monument listing the names of the dead, and the bombing of a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The man responsible for the Oklahoma City bombing, Timothy McVeigh, has himself made the pilgrimage to Waco (see March 1993). Alan Stone, a professor of psychiatry and law at Harvard, says the mistakes made by the federal government at Waco will continue to fuel right-wing paranoia and conspiracy theories until the government acknowledges its mistakes: “The further I get away from Waco, the more I feel that the government stonewalled. It would be better if the government would just say, ‘Yes, we made mistakes, and we’ve done this, this, and that, so it won’t happen again.’ And, to my knowledge, they’ve never done it.” [New Yorker, 5/15/1995; Amo Roden, 2010] Religious advocate Dean Kelley writes that Roden collects money from tourists and visitors, ostensibly for the Davidians who own the property, but according to Kelley, the Davidians never receive any of the donations. [Dean M. Kelley, 5/1995] Four years after Boyer publishes his article, a similar article, again featuring an interview with Roden, is published in the Dallas Morning News. Paulette Pechacek, who lives near the property, will say of her and her husband, “We expected it [the visits] for months afterwards, but it surprises us that people still come.” [Dallas Morning News, 6/27/1999]
FBI investigators tell a Buffalo News reporter that they have not yet decided whether Jennifer McVeigh, the sister of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), is herself a suspect or merely a witness. Previous interrogations of Jennifer McVeigh have been problematic, with agents learning that she had destroyed evidence, and her evident unwillingness to cooperate in building a case against her brother (see April 21-23, 1995). She has been released from FBI custody (see April 24, 1995), but investigators are still considering her as a possible accomplice. “The FBI believes she knew ahead of time that something big was going to happen” (see April 15, 1995), an unidentified source tells the reporter. “But whether she knew a bomb was going to be exploded in Oklahoma City… that’s an open question. She’s a ‘tweener. Is she a suspect or just a witness? Right now, I don’t think the feds know what to do with her.” [Stickney, 1996, pp. 229] She has retained two lawyers from the Buffalo, New York, area to represent her in case charges are brought against her (see May 9, 1995). She will not be charged in the bombing, but she will testify in the grand jury investigation (see August 2, 1995).
The New York Times reports that Timothy McVeigh, accused of executing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), has claimed responsibility for the bombing. The Times’s sources are two people who have spoken with McVeigh during his continuing incarceration at the Federal Correctional Institution in El Reno, Oklahoma; they spoke to Times reporter Pam Belluck in return for anonymity. McVeigh, the sources claim, told them he chose the Murrah Federal Building as a target because it housed so many government offices, and because it was more architecturally vulnerable than other federal buildings. The sources say McVeigh said he knew nothing of the day care center in the building, and was surprised to learn that children had died in the bombing. McVeigh told the sources that he was not “directly involved” with armed civilian paramilitary groups (see October 12, 1993 - January 1994, September 12, 1994 and After, November 1994, December 1994, January 1995, and April 5, 1995), though he admitted to having “relationships and acquaintances with a few people who have similar views,” primarily people he met at gun shows, the sources say. They say McVeigh acknowledges responsibility for the bombing, but does not believe he committed a crime. They say that McVeigh told them the planning for the bombing began at least nine months ago (see September 13, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, March 1995, March 31 - April 12, 1995, April 13, 1995, April 15, 1995, and 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995), and he had considered targets throughout the Midwest, from Denver to Kansas City to Texas and South Dakota. They say that McVeigh told them he had gone to the bomb site at least once (see October 20, 1994 and April 16-17, 1995) but had not gone inside the building. Federal officials say the Murrah Building was extremely vulnerable to explosive damage because of its large glass windows, its nine floors which could collapse upon one another, and because of the absence of any courtyard or plaza separating the building from the street, where a truck carrying a bomb could be parked. McVeigh’s alleged statements to the two sources suggest that those factors greatly influenced his choice of the building. The sources say that McVeigh was motivated to carry out the bombing in part because of the 1992 killing of white supremacist Randy Weaver’s wife and son during a standoff with federal agents in Ruby Ridge, Idaho (see August 31, 1992), and because of his fury over the Branch Davidian debacle outside Waco, Texas (see April 19, 1993 and April 19, 1993 and After). McVeigh was also driven, they say, by a more general hatred of the government, which may be fueled in part by his failure to land a well-paying job when he left the Army (see November 1991 - Summer 1992). The sources say McVeigh did not single out any one experience that triggered his desire to plan and execute the bombing. McVeigh also noted, they say, that he did not specifically target the Bureau of Alcohol, Tobacco and Firearms (BATF), some of whose agents in Oklahoma City participated in the Davidian siege. Rather, they say, McVeigh wanted to target as many government agencies as possible in one strike. McVeigh talked about the significance of the date of the bombing, April 19; not only was it the date of the Davidian tragedy, but it was the anniversary of the battles of Lexington and Concord, where in 1775 the first shots of the American Revolution were fired. The sources provide few details of the bombing plot, and it is unclear if McVeigh divulged any such details. The sources say McVeigh did not speak much of his accused co-conspirator, Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, 3:15 p.m. and After, April 21-22, 1995, and May 11, 1995), nor did he speak of others who might have been involved in the plot. They say that McVeigh did mention his acquaintance Steven Colbern (see May 12, 1995), and said that Colbern was not involved in the plotting. The sources say that while McVeigh carefully plotted the bombing itself, the escape he planned was less well thought out (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). He forgot to transfer the license plate from a Pontiac he traded (see January 1 - January 8, 1995) onto his getaway car, a Mercury Marquis (see April 13, 1995); the failure to transfer the plate caused him to be pulled over by a highway patrol officer. McVeigh told the sources he had no money with him and no back-up person to help him if he was detained. “I don’t know how to explain that gap in his planning or his organization,” one of the sources says. “The primary objective was obviously the building itself.” One of the sources adds: “He’s very anxious, obviously, because of the position he’s in. He’s anxious to see what the next step is in the process and when this will be resolved.” [New York Times, 5/16/1995]
An Army friend of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, After May 6, 1995, and May 16, 1995), Michael Fortier, tells federal authorities that he and McVeigh inspected the Murrah Federal Building in Oklahoma City as a potential bombing target in the days before the blast (see December 16, 1994 and After). Fortier knew McVeigh from their time together at Fort Riley, Kansas (see March 24, 1988 - Late 1990), and says he knew of McVeigh’s plans for the bombing while the two lived in Kingman, Arizona (see May-September 1993, February - July 1994, August 1994, September 13, 1994 and After, September 13, 1994, October 4 - Late October, 1994, October 21 or 22, 1994, and February 17, 1995 and After). Fortier and his wife Lori decided to stop lying about their involvement with McVeigh and the bomb plot (see April 19, 1995 and After, April 23 - May 6, 1995, and May 8, 1995) and tell the truth after receiving subpoenas for their testimony before a grand jury investigating the bombing; instead of testifying under oath, Fortier opens a discussion with prosecutors about a settlement, and gives his statements about McVeigh in an initial offer of the evidence he says he can provide. They also ask the authorities about retaining a lawyer. Michael Fortier admits that a statement he signed in Kingman, Arizona, is mostly false. Fortier and his wife testify for hours about their involvement with McVeigh and their complicity in the bomb plot. Fortier is negotiating with federal prosecutors for a plea deal, and for immunity for his wife, in return for his cooperation in their prosecution of McVeigh and co-conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995, April 24, 1995, and May 11, 1995). Fortier says he and McVeigh drove from Arizona to the Murrah Federal Building about a week before the bombing in an apparent effort to “case” the building. Fortier denies he had any direct role in the blast, but authorities have been very interested in him since the day of the bombing. Authorities have searched his trailer in Kingman and questioned him thoroughly, though officials say they have no basis to charge him with any direct involvement in the bombing. Fortier may still be charged as an accessory to the bombing, or on other related charges. It is doubtful, people involved in the case say, that the government would give Fortier full immunity from prosecution. Fortier is the first person to directly implicate McVeigh in the bombing; until now, investigators have only a large amount of circumstantial evidence tying McVeigh to the blast. Nichols has denied any direct knowledge of the bombing, and currently is not cooperating with investigators. Some investigators believe that Fortier may be the elusive “John Doe No. 2” (see April 20, 1995), who is considered either a co-conspirator or a material witness with knowledge of the plot, though Fortier does not clearly match the description of the suspect. [New York Times, 5/19/1995; Serrano, 1998, pp. 244-245]
James Nichols (see April 21, 1995 and After and April 25, 1995), the brother of accused Oklahoma City bombing co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995), is released on his own recognizance from a Michigan federal prison. Nichols has been held on charges of conspiring with his brother and accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995) to make bombs in Michigan, where he owns a farm in Decker. “If released, this defendant poses a risk of flight and a danger to the community,” Assistant United States Attorney Robert Cares tells Judge Paul Borman, citing his belief that Nichols had “prior knowledge” of the bombing. Defense lawyer Robert R. Elsey says Nichols is nothing more than an ordinary farmer, and brings a number of neighbors to the proceeding to vouch for Nichols’s character. Borman rules that there is not enough evidence to hold Nichols on the charges; says that he is not a threat to the public nor a flight risk, ruling, “There is not an iota of evidence of dangerous acts towards others”; and orders Nichols released into the custody of neighbors. Nichols will wear an electronic device to monitor his movements—he is under a curfew and restricted to moving in a small group of Michigan counties—and is ordered to stay away from explosives and firearms. Nichols has been held without bail since his Decker farmhouse was raided on April 21 (see April 21, 1995 and After). He was indicted in early May (see May 9, 1995) by a grand jury on charges of conspiring with McVeigh and his brother to make, store, and detonate bombs on his farm. Nichols was never charged in direct connection with the Oklahoma City bombing; in today’s hearing, Borman focused on the Michigan charges, and refused to allow the prosecution to tie Nichols to the Oklahoma City bombing without more evidence. Government prosecutors argued that Nichols should remain in jail because of his ties to the two subjects. Cares suggested that the “bottle bombs” that Nichols has admitted setting off with his brother and McVeigh were an “experiment” that served as a prelude to the 5,000-pound truck bomb in Oklahoma. Cares told the court: “James Nichols himself engaged in rhetoric of violence. If it was just rhetoric, we wouldn’t be here today. But he and Terry Nichols and Timothy McVeigh turned those words into action.” FBI agent Patrick Wease testified that a confidential source told him that Nichols said a group called the Patriots would take over the government by force. Wease testified that Nichols told the witness the Patriots “would be involved in the killing of cops, judges, and lawyers.” Elsey will argue at an upcoming hearing that all charges against Nichols be dropped. For his part, Nichols says he harbors no resentment towards the government, and says he wants to go home and plant his soybeans. He declines reporters’ requests to discuss his brother. Of the bombing itself, Nichols says: “It’s a bad tragedy, and everyone should cooperate—and I’m cooperating fully—to get to the bottom of it.” Elsey says Nichols’s anti-government views have been exaggerated. “He just believes the government in many instances is behaving beyond the norms of the constitution, and the limitations of the constitution,” Elsey says. “His alleged animosity to the government was ill-stated by himself.” Elsey adds that Nichols made some anti-government comments during a contentious divorce. [New York Times, 5/22/1995; New York Times, 5/23/1995; Serrano, 1998, pp. 235-236] In August, federal prosecutors will drop charges against Nichols concerning his manufacture of explosives on his farm. [New York Times, 8/11/1995] Nichols will be given a hero’s welcome when he returns to Decker, where many consider him an unwarranted victim of government persecution and a scapegoat for a bombing conspiracy that they believe was carried out by the government itself. [Stickney, 1996, pp. 193-194]
Joseph H. Hartzler. [Source: Associated Press]The US Justice Department names Joseph H. Hartzler, an Assistant US Attorney in Springfield, Illinois, to lead its prosecution of accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and May 16, 1995). Attorney General Janet Reno has moved Merrick Garland, who oversaw the initial phase of the bombing investigation, back to Washington to head the Justice Department’s criminal division. She creates what becomes known as the OKBOMB task force, a trial team focusing on continued investigation and the prosecution of McVeigh and his alleged accomplice, Terry Nichols. Reno selects Hartzler from dozens of resumes submitted by government lawyers from around the country. In the 1980s, Hartzler, who suffers from multiple sclerosis and is wheelchair-bound, helped convict four Puerto Rican nationalists accused in a bombing plot, and helped prosecute a federal judge in Chicago, in what became known as the “Greylord investigation.” He has worked as the chief of both the criminal and civil divisions in Chicago, one of the country’s largest US Attorney’s offices. Arlene Joplin, an Oklahoma City prosecutor, will remain on Hartzler’s prosecution team. Justice officials say that Hartzler was chosen because of several factors, including his background in complex criminal cases, terrorist prosecutions, and his ability to work with other government lawyers already on the case. Hartzler is asked by a criminal defense attorney not involved in the case what he thinks about it. Hartzler responds: “Whoever did this should spend some time in hell. I just want to accelerate the process.” Hartzler vows to have no press conferences, and will in fact have very few, though his team does have a few media “favorites,” most notably Jeffrey Toobin, a writer for the New Yorker and a legal analyst for ABC News who once worked with two of the OKBOMB staffers and is considered a supporter of the prosecution. [New York Times, 5/22/1995; Serrano, 1998, pp. 249-250] Missouri criminal defense lawyer Michael B. Metnick will later say of Hartzler: “His integrity is beyond reproach. He’s a prosecutor I can turn my back on.” Hartzler will tell a reporter that he asked for the McVeigh prosecution because “I thought I could make a difference.” [New York Times, 6/2/1997]
The Murrah Federal Building is demolished. [Source: The Oklahoman]The wrecked hulk of the Murrah Federal Building, destroyed in the Oklahoma City bombing a month ago (see 8:35 a.m. - 9:02 a.m. April 19, 1995), is brought down in a planned demolition. The demolition consists of 150 pounds of dynamite placed in 300 carefully selected locations, and costs the federal and state governments around $404,000. The entire demolition takes about eight seconds. Retired highway department employee Lawrence Glover says: “You can’t stand to look at something like that forever. It’s like when a family member dies and your heart is broken, but you’ve got to bury them and try to get back to the land of the living. Even when you don’t think you ever can.” Linda West of nearby Yukon says: “I had stayed away before now because I felt guilty. I felt like I was intruding somehow. Now that it’s all over, I need some sort of—it’s not closure, because there is no closure on this thing, but it’s like going to the cemetery after the funeral. I was listening to a radio talk show about how most people didn’t know why they came here, they just felt like they had to. I’m like that. I don’t know why, but I had to.” Hundreds of spectators watch the demolition in almost complete silence. Afterwards, many cry, hug one another, and slowly leave the scene. Many at the scene believe a memorial to the dead, and to the responders and rescue workers who saved so many from the rubble, should be erected on the site; others say a children’s playground or library would be fitting. Onlooker Bruce Ligon says, “It doesn’t really matter what they choose, because nobody in this town, or in this country either, is ever going to forget what happened.” [Washington Post, 5/24/1995; Fox News, 4/13/2005] Authorities had considered using cranes and wrecking balls instead of explosives to bring the building down, in concern that a second explosion, no matter how controlled, might further traumatize city residents. “The psychological ramifications were a real consideration of everyone involved in the decision,” Douglas Loizeaux, vice president of Controlled Demolition Inc, whose firm handles the demolition process, said last week. “There was a serious discussion about whether we would be traumatizing people even more by having another explosion. But by using implosion, we can bring the building down weeks sooner than by using a crane, and so the mending process can begin that much quicker.” Dusty Bowenkamp, a psychological nurse from Los Angeles who is coordinating the emergency mental health services of the American Red Cross in Oklahoma City, agreed with Loizeaux’s assessment. The building, she said last week, is “a magnet for people with grief.” She said she and her colleagues had discussed the ramifications of a second explosion, and talked with dozens of people who helped bring the dead and injured out of the rubble and others who carried blast victims into hospitals or the morgue. A few, she said, thought imploding the building was a bad idea: “it’s too much like what happened before—too much like the bomb.” The city residents were informed well in advance of the planned demolition so it would not “retrigger more fear.” The lawyer for accused bomber Timothy McVeigh, Stephen Jones (see May 8, 1995), had filed a motion to delay the demolition so he could examine the building for evidence, but that motion was denied. [New York Times, 5/16/1995; New York Times, 5/16/1995] Two days ago, a team of people hired by Jones did examine the building for clues; that team included an explosives expert, an architect, and a camera crew. Jones explained that he wanted to understand “the dynamics of the bomb” and “the physics of the explosion.… There needs to be a separate record from that of the government. There is a criminal litigation and civil litigation. All sides will need a record, and the government’s record wouldn’t necessarily be available.” [Stickney, 1996, pp. 222-223] A brick wall from another damaged building stands nearby. Written on it in dark red paint is:
We Search for the Truth.
We Seek Justice.
The Courts Require it.
The Victims Cry for it.
And GOD Demands it! [Serrano, 1998, pp. 174]
Robert Millar, the 69-year-old leader of the militantly religious, white supremacist community Elohim City in eastern Oklahoma (see 1973 and After), tells New York Times reporters that he and his community had nothing to do with accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995). The press has learned that some members of the Elohim City community may have devised the original Oklahoma City bomb plot (see 1983 and August 1994 - March 1995); McVeigh is suspected of having some ties with Elohim City community members (see January 23, 1993 - Early 1994, October 12, 1993 - January 1994, September 12, 1994 and After, November 1994, December 1994, February 1995, April 5, 1995, and April 8, 1995); and some sources claim federal agents were warned about the bombing from an informant in the community (see August 1994 - March 1995). Millar insists that no one in Elohim City knew who McVeigh was until they read about him in the papers. “I don’t think I’ve ever seen him,” Millar says. “I don’t think he’s ever been in any of my audiences to the best of my knowledge. He may have gotten our telephone number from someone if he used our telephone number. And if he phoned here, nobody here has any knowledge of ever talking to him.” Newsweek has reported that McVeigh called someone in Elohim City two weeks before the bombing (see April 5, 1995). Asked by a reporter if he had heard of McVeigh, if McVeigh called or visited the community, and whether he condoned the bombing, Millar says, “No, no, no, and no.” To another reporter asking about McVeigh’s alleged visit, he replies, “I imagine that your unnamed government sources are manipulating you.” Millar served as a “spiritual advisor” to Richard Snell, who was executed the day of the bombing for murdering a state trooper and a shopkeeper in Arkansas (see 9:00 p.m. April 19, 1995). Asked if he continues to espouse the racist and anti-Semitic ideals that have marked his community for years, Millar produces a careful answer: “I think the least-gifted black person has divinely endowed intellectual and physical capabilities that the most sophisticated robot we can produce is not able to equal. So what I’m saying is, I think all of God’s creation is special and gifted and I’m not interested in denigrating or belittling or misusing any part of God’s creation. That should be a sufficient answer.” He portrays Elohim City as a small village of “less than 100 people” whose inhabitants desire to be left alone, have little money, and little need for money. The community supports itself, he says, on the labor of some of the men, who “do logging; they also haul hay for the neighbors.” District Attorney Dianne Barker Harrold tells reporters that she does not believe the community is a threat: “I have no reason to foresee any problems. They’ve been here 22 years, and there haven’t been any problems.” Millar also announces that his granddaughter Angela Millar is marrying James Ellison, the former leader of the now-defunct Covenant, Sword, and Arm of the Lord. Ellison served a prison term for racketeering, and has claimed to have been involved in the 1983 Elohim City bomb plot (see 1983). [New York Times, 5/24/1995]
Entity Tags: Elohim City, Covenant, Sword, and Arm of the Lord, Angela Millar, Dianne Barker Harrold, James Ellison, New York Times, Timothy James McVeigh, Newsweek, Richard Wayne Snell, Robert Millar
Timeline Tags: US Domestic Terrorism
The lawyer for accused Oklahoma City co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) asks Federal Judge David L. Russell to release his client without bail. Defense lawyer Michael Tigar calls the government’s evidence against Nichols “lamentably thin,” and says Nichols’s actions, particularly in connection with accused bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, April 21, 1995, and April 24, 1995), were innocent and typical of a “peaceable, law-abiding person.” Tigar, along with co-counsel Ronald G. Woods, is apparently following a strategy of attempting to distance Nichols from McVeigh, claiming that Nichols and McVeigh had a “falling out” in February 1995 over plans to work gun shows and swap meets together. According to court papers filed by Tigar, Nichols had printed up his own business cards and other material for a new business trading in military equipment that had no place for McVeigh. Tigar also assails the government’s investigation, accusing FBI investigators of withholding evidence from the defense, of holding Nichols’s wife Marife (see July - December 1990) “virtually incommunicado and without counsel” for “33 days of continuous interrogation,” and of refusing to interview witnesses with information favorable to Nichols. According to Tigar’s timeline of events, Nichols, knowing little to nothing of a specific bomb plot (see Late 1992-Early 1993 and Late 1994, April 19, 1993 and After, October 12, 1993 - January 1994, September 13, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, March 1995, April 13, 1995, and April 15-16, 1995), met with McVeigh on April 16 in Oklahoma City and drove him to Junction City, Kansas (see April 16-17, 1995). Prosecutors have stated that the day before, McVeigh told Nichols that “something big is going to happen,” impelling Nichols to ask if McVeigh planned on robbing a bank (see April 15, 1995). In Tigar’s timeline, this exchange never happened. Instead, Tigar’s timeline recounts a lengthy story of McVeigh calling Nichols on April 16 complaining of car trouble; McVeigh, Tigar claims, had a television set with him that belonged to Nichols’s ex-wife Lana Padilla that Nichols wanted for his home in Herington, Kansas (see (February 20, 1995)). Nichols drove to Oklahoma City to get the television set. Tigar says that the Nichols family used the television set to watch a videotape of The Lion King and two other movies on April 17. In the days before the bombing, Tigar says Nichols took his family to a restaurant, picked up new business cards and labels, and, on the day of the bombing, visited a local hardware store and a military surplus dealer to discuss selling or trading Army tools, possibly for roofing shingles, and worked around his house. Tigar says Marife Nichols has confirmed this version of events. Tigar also says that prosecution allegations that Nichols used his pickup truck on April 18 to help McVeigh load fertilizer into the rented Ryder truck McVeigh used for the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995) are false, and instead Nichols had loaned McVeigh his truck, and not accompanied McVeigh to the loading site at Geary Lake in Kansas. Tigar also says that a fuel meter owned by Nichols and believed by the prosecution to have been used to measure the bomb ingredients was broken the entire time Nichols owned it. [New York Times, 5/19/1995; New York Times, 5/25/1995] Later press reports will show that Tigar’s information about the supposed “falling out” between McVeigh and Nichols comes from Padilla. According to Padilla: “He said, ‘Tim and I are going to go our separate ways and I am going to the shows myself.’ That surprised me. They were going to go their own ways and it was because Terry was going to buy his own house and have his wife and baby come out. I don’t think that Tim could stand that. Terry also said that Tim didn’t like kids.” [New York Times, 8/6/1995] The prosecution counters with a request to hold Nichols without bail, citing evidence seized from Nichols’s home that implicates him in the bombing conspiracy (see 3:15 p.m. and After, April 21-22, 1995), and a series of letters he wrote to the IRS and other federal agencies repudiating his citizenship and asking to be exempted from paying federal taxes (see April 2, 1992 and After). Prosecutors say the letters demonstrate Nichols’s repudiation of “roots to this country and its sovereign states” and that he therefore should be denied bail. “Nichols poses a danger to the community and an unreasonable risk of flight against which no conditions of release could adequately guard,” the prosecutors argue. Russell denies Nichols bail and orders him to remain in custody. Tigar says he will appeal the ruling. Russell also orders that Nichols be allowed to sleep without lights beaming into his cell 24 hours a day, and that prison officials not allow any more mental health professionals to interview Nichols without the court’s approval. Tigar has called a visit by a previous counselor “unwanted” and intrusive. [New York Times, 6/2/1995; New York Times, 6/3/1995]
The CIA begins a program to track Islamist militants in Europe. The program is operated by local stations in Europe and CIA manager Michael Scheuer, who will go on to found the agency’s bin Laden unit in early 1996 (see February 1996). The program is primarily focused on militants who oppose the Egyptian government. It traces the support network that supplies money and recruits to them and that organizes their propaganda. US Ambassador to Egypt Edward Walker will later say that the operation involves intercepting telephone calls and opening mail. Suspects are identified in Egypt and in European cities such as Milan (see 1993 and After), Oslo, and London (see (Late 1995)). [Grey, 2007, pp. 125] The intelligence gathered as a part of this operation will be used for the CIA’s nascent rendition program (see Summer 1995).
Marife Nichols, the wife of suspected Oklahoma City bombing conspirator Terry Nichols, is finally released from FBI custody after being held for over a month (see 3:15 p.m. and After, April 21-22, 1995). She has reassured her father-in-law Robert Nichols that she and her daughter Nicole are being treated well (see April 30, 1995), put up in an Oklahoma City hotel for the duration of her stay. Before she leaves FBI custody, she receives a Mother’s Day card signed by five female agents from the Kansas City field office. The card’s handwritten message reads in part: “We all hope the best for you. Please don’t believe that the government workers are the bad guys no matter what anyone tells you. We are here to help you. We have all fallen in love with Nicole. We all wish the best for you and your new baby. Don’t let all this latest news (see May 9, 1995, May 10, 1995, May 11, 1995, May 22, 1995, and May 25 - June 2, 1995) affect you. We are all here for you. If you ever are lonely, if you ever want to talk, if you ever want to cry, just call us. We’ll be here for you.” They pencil in a phone number and sign it “Love,” followed by their signatures. Marife will eventually return to her home country of the Philippines (see July - December 1990). [Serrano, 1998, pp. 231-232]
After Presidential Decision Directive 39 (PDD-39), issued in June 1995 (see June 21, 1995), requires key federal agencies to maintain well-exercised counterterrorist capabilities, the number of counterterrorism exercises being conducted increases significantly. According to a 1999 report by the General Accounting Office, whereas 32 counterterrorist exercises are held between June 1995 and June 1996, from June 1997 to June 1998, 116 such exercises are conducted. Some of the exercises held between June 1995 and June 1998 are “tabletop exercises,” where participants work through a scenario around a table or in a classroom and discuss how their agency might react; others are “field exercises,” where an agency’s leadership and operational units practice their skills in a realistic field setting. Four exercises during this period are “no-notice” exercises, where participants have no advance notice of the exercise. These four exercises are conducted by either the Department of Defense (DoD) or the Department of Energy. DoD leads 97 of the exercises—almost half of the total—held between June 1995 and June 1998. The Secret Service leads 46, the FBI 24, and the Federal Emergency Management Agency (FEMA) leads 16. Most of the exercises are conducted in the US and are based around the scenario of a domestic terrorist attack. Although intelligence agencies have determined that conventional explosives and firearms continue to be the weapons of choice for terrorists, the majority of exercises are based around scenarios involving weapons of mass destruction (WMD)—chemical, biological, or nuclear weapons or agents. More than two-thirds of the exercises have WMD scenarios, with the most common WMD being chemical agents, such as sarin. The other exercises have more traditional and more likely scenarios involving conventional weapons and explosives. [United States General Accounting Office, 6/25/1999 ; Washington Post, 10/2/2001 ]
Some of the most dire threats against Israeli Prime Minister Yitzhak Rabin (see Early 1995) come from Orthodox Jews in the US. Rabbi Abraham Hecht, a leader in New York City’s rabbinacal community, says that Jewish law permits the assassination off Rabin (see January 1995) for ceding land to the Palestinians (see September 13, 1993). [Unger, 2007, pp. 139]
Nabil al-Marabh returned to Canada from Afghanistan in February 1994 using a fraudulent Saudi Arabian passport. But his request for asylum was eventually denied. He then enters the US in June 1995 and applies for asylum there. That too is denied, and he is ordered deported in 1997. But the order is not enforced and he continues to live in the US and Canada illegally until 9/11. [Canadian Broadcasting Corporation, 10/22/2001; Knight Ridder, 5/23/2003] Al-Marabh moves to Boston and gets a job as a taxi driver. He had known al-Qaeda operatives Bassam Kanj, Mohamad Kamal Elzahabi, and Raed Hijazi in training camps in Afghanistan (see Late 1980s; 1989-1994), and this group of four regathers in Boston. Kanj has been there since 1995, driving taxis at the same company that hires al-Marabh. Elzahabi moves to Boston from New York City in 1997 and also gets a job at this same taxi company. There are conflicting accounts as to who brings Raed Hijazi to Boston and why he goes there, but by the beginning of 1998 he is also working for this taxi company. [Boston Globe, 2/5/2001; New York Times, 9/18/2001; New York Times, 10/14/2001; Washington Post, 9/4/2002] Al-Marabh and Hijazi are roommates for at least two months. While they work together driving taxis, Hijazi is saving his earnings to spend on bomb plots and is working on an al-Qaeda plot to attack a US warship. That plot will develop into the attack on the USS Cole in 2000. [ABC News 7 (Chicago), 1/31/2002; Washington Post, 9/4/2002] Around the end of 1998, Kanj and Hijazi leave Boston to work on al-Qaeda plots overseas while Elzahabi leaves in 1999 to fight as a sniper in Chechnya. Al-Marabh will also leave, moving to Florida in early 1999 (see February 1999-February 2000), but he periodically returns to his Boston residence for some time, as his wife and son continue to live there. These four men will continue to help each other in various al-Qaeda plots. [Boston Globe, 2/5/2001; Boston Globe, 6/26/2004] Apparently, al-Qaeda recruiter Kamal Derwish also works at the same Boston taxi company, though the timing is not clear. He trained in Afghanistan in 1992, a time when al-Marabh was also there. He will be killed by a US missile strike in November 2002 (see November 3, 2002). [Christian Science Monitor, 5/23/2003] Even though the Boston FBI is aware long before 9/11 that at least four of the men are connected to al-Qaeda (see January 2001), the FBI will officially deny the possibility of any al-Qaeda cell in Boston until 2004 (see June 27, 2004).
The CIA proposes a policy of abducting Islamic Jihad militants and sending them to Egypt which will soon be approved by President Bill Clinton (see June 21, 1995). The Clinton administration began a policy of allowing abductions, known as “renditions,” in 1993 (see 1993). At first, renditions were rarely used because few countries wanted the suspects. Michael Scheuer, head of the CIA’s bin Laden unit, is one of the architects of a 1995 agreement with Egypt to send rendered militants there. He will later recall: “It was begun in desperation.… We were turning into voyeurs. We knew where these people were, but we couldn’t capture them because we had nowhere to take them,” due to legal and diplomatic complications. The CIA realized that “we had to come up with a third party.” Egypt was the obvious choice because the Islamic Jihad is the prime political enemy of the Egyptian government, and many Islamic Jihad militants also work for al-Qaeda, an enemy of the US.
Turning a Blind Eye - However, the Egyptian secret police force, the Mukhabarat, is notorious for its torture of prisoners. As part of the program, the US helps track, capture, and transport suspects to Egypt (see Before Summer 1995) and then turns a blind eye while the Egyptians torture them. Scheuer claims the US could give the Egyptian interrogators questions they wanted put to the detainees in the morning and get answers by the evening. Because torture is illegal in the US, US officials are never present when the torture is done. Further, the CIA only abducts suspects who have already been convicted in absentia. Talaat Fouad Qassem is the first known person the CIA renders to Egypt (see September 13, 1995). But the number of renditions greatly increases in 1998, when the CIA gets a list of Islamic Jihad operatives around the world (see Late August 1998). These renditions result in a big trial in Egypt in 1999 that effectively destroys Islamic Jihad as a major force in that country (see 1999). [New Yorker, 2/8/2005]
CIA, NSC, Justice Department Lawyers Consulted - Scheuer will say that lawyers inside and outside the CIA are intensively consulted about the program: “There is a large legal department within the Central Intelligence Agency, and there is a section of the Department of Justice that is involved in legal interpretations for intelligence work, and there is a team of lawyers at the National Security Council, and on all of these things those lawyers are involved in one way or another and have signed off on the procedure. The idea that somehow this is a rogue operation that someone has dreamed up is just absurd.” [Grey, 2007, pp. 140-141]
Leadership of Program - The rendition program does not focus solely on al-Qaeda-linked extremists, and other suspected terrorists are also abducted. Scheuer will later tell Congress, “I authored it and then ran and managed it against al-Qaeda leaders and other Sunni Islamists from August 1995, until June 1999.” [US Congress, 4/17/2007 ] A dedicated Renditions Branch will be established at CIA headquarters in 1997 (see 1997), but the relationship between Scheuer and its manager is not known—it is unclear whether this manager is a subordinate, superior, or equal of Scheuer, or whether Scheuer takes on this responsibility as well. After Scheuer is fired as unit chief in May 1999 (see June 1999), his role in the rendition program will presumably be passed on to his successor, Richard Blee, who will go on to be involved in rendition after 9/11 (see Shortly After December 19, 2001). In a piece apparently about Blee, journalist Ken Silverstein will say that he “oversaw… the [Counterterrorist Center] branch that directed renditions.” [Harper's, 1/28/2007]
A 1998 CNN map of likely flights to be hijacked in one version of Operation Bojinka. [Source: CNN]The first media mention of the Bojinka plot to crash an airplane into CIA headquarters occurs on this day, according to a search of the Lexis-Nexus database. An article in The Advertiser, an Australian newspaper, mentions the Bojinka plots to assassinate the Pope and then blow up about a dozen airplanes over the Pacific. The article adds, “Then the ultimate assault on the so-called ‘infidels’: a plane flown by a suicide bomber was to nose-dive and crash into the American headquarters of the CIA, creating carnage.” [Advertiser, 6/3/1995] While this first mention may be obscure from a United States point of view, the Bojinka planes-as-weapons plot will be mentioned in other media outlets in the years to come. In fact, in 2002 CNN correspondent David Ensor will comment about CNN coverage: “[E]veryone, all your viewers who wanted to, could have known that at one point Ramzi Yousef and some others were allegedly plotting to fly an airliner into the CIA headquarters in the United States, that, in fact, the idea of using an airliner as a weapon, that idea at least, had already been aired.… We talked about it. We’ve done stories about it for years, frankly.” [CNN, 6/5/2002]
Stephen Jones, the lawyer for accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), is engaged in attempts to humanize his client in the public’s perception. As such, Jones gives an interview to the press where he talks about the huge volume of mail McVeigh receives every day, including letters of support and even marriage proposals. “The marriage proposals are kind of strange, but people have sent Bibles and other mementoes along with notes of support,” Jones says. “Some of these people have very anti-government views. They will write and say they believe the feds were responsible. One of the more radical said something like, ‘If you did it, right on.’ Others either wish him the worst or don’t indicate their preferences one way or another, except to say they hope he is able to get a fair trial.” Many of the letters McVeigh receives are from people who believe the government carried out the bombing; some ask if McVeigh was encouraged to carry out the bombing by government “provocateurs.” [Stickney, 1996, pp. 235-236]
Michael E. Tigar. [Source: Washington Post]The New York Times profiles Michael E. Tigar, the lead defense lawyer for accused Oklahoma City bombing conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Tigar, a law professor at the University of Texas, has represented numerous unpopular defendants in previous proceedings, and like Nichols, many of those clients’ cases presented what the Times calls “unusual or complicated legal and political questions.” At the beginning of his legal career, Tigar represented leftists such as Abbie Hoffman, Angela Davis, and H. Rap Brown; during the 1969 trial of the “Chicago Seven,” Tigar, representing anti-war organizer David Dellinger, was briefly jailed for contempt of court. In later years, Tigar represented clients on the right of the political spectrum, including accused Nazi war criminal John Demjanjuk and Senator Kay Bailey Hutchison (R-TX), who had been accused of misusing her office as state treasurer. In the early 1980s, he helped win a $2.9 million judgment against Chile for the Pinochet government’s assassination in Washington of former Chilean Ambassador Orlando Letelier. Michael J. Kennedy, who has worked closely with Tigar in the past, says: “He understands that the way we measure the value of our justice system is how it treats society’s pariahs. It’s easy to treat the popular people well. But what Mike understands is that the system will be measured by how it treats those people that the government considers to be despicable.” Tigar combines a strong knowledge of legal scholarship with a folksy, disarming courtroom style, according to the Times. [New York Times, 6/9/1995]
Mururoa Atoll, the site of French nuclear testing. [Source: Daily Telegraph]French President Jacques Chirac announces that France will unilaterally resume testing of nuclear weapons, breaking an ad hoc ban on nuclear testing that has been observed by all the world’s nuclear powers for years. Chirac says that France will conduct a series of eight tests in the South Pacific between September 1995 and May 1996, and will then be poised to sign a Comprehensive Test Ban Treaty (CTBT) in the fall of 1996. World opinion is strongly critical of France’s decision; the US government issues a statement regretting the French resumption of nuclear testing. Two months later, France will respond to the heavy criticism of its testing by curtailing its original testing program (see January 27, 1996). [Federation of American Scientists, 12/18/2007]
Law enforcement authorities call off the search for the so-called “John Doe No. 2,” believed to be another person involved in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 20, 1995). Officials say the sketch identifying the man is of an innocent person. The sketch has been “enhanced” twice to further aid in identification. [Douglas O. Linder, 2001; Indianapolis Star, 2003] Government prosecutors say that the person believed to be depicted in the sketches is Todd David Bunting, an Army private from Fort Riley, Kansas; they say that Bunting has no connections to McVeigh or the bombing. A witness has told the FBI that he saw Bunting at Elliott’s Body Shop, a truck rental agency in Junction City, Kansas, on April 17, two days before the blast, either in the company of accused bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995) or standing close to him while McVeigh rented the Ryder truck used in the bombing (see 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Authorities now believe that Bunting was at the rental shop on April 16, the day before McVeigh’s visit, or perhaps April 18, the day after. The FBI releases a statement that says in part: “That individual… resembles the sketch previously circulated as the second of two men who rented the truck on April 17 and who has been called John Doe No. 2.… [The FBI] has determined that individual who has been interviewed was not connected to the bombing.” Some investigators believe that the witness, the rental agent at the shop, became confused under pressure from investigators to recall the details of the second man he says he saw with McVeigh. [New York Times, 6/14/1995; Mickolus and Simmons, 6/1997, pp. 811; The Oklahoman, 4/2009] Bunting will later say that it is his face depicted in the composite sketches of “John Doe No. 2.” [New York Times, 12/3/1995] He closely resembles the sketch, and has a Carolina Panthers baseball cap with lightning strikes down the sides, much like the cap Doe No. 2 was said to wear. He even has a tattoo on his right arm where one witness said Doe No. 2 has a tattoo. The press learns of the Bunting identification before the FBI can hold an official press conference announcing its findings, and reporters trek to Timmonsville, South Carolina, where Bunting is attending the funeral of his mother-in-law, to interivew him; some reporters even barge into the funeral home. Bunting will later stand before cameras and reporters in a press conference held in Fort Riley, where he says he was at Elliott’s Body Shop in the company of another man, Sergeant Michael Hertig, to rent a truck and pack up his belongings to transfer to Fort Benning. He talks of the FBI’s questioning of him, and of the chill he felt when he learned he was being connected to the bombing, however tenuously. Author Richard A. Serrano will later write that after repeated humiliating press reports of false identifications of Doe No. 2 (see April 20, 1995 and May 1-2, 1995), the FBI wants the problems of Doe No. 2 to “go away… dissolve from the nation’s consciousness.” Serrano will suggest that agents deliberately found an innocent man, Bunting, who bears a strong resemblance to the sketch, and decided to use him to end the speculation. If true, the FBI’s efforts will be fruitless: the speculation will continue for years, with a Web site, “John Doe Times,” posted by an Alabama militiaman, hosting anti-government postings and criticism of the ongoing investigation. The far-right “Spotlight” newsletter will say in 1996 that federal agents had employed “dupes” to bomb the Murrah Building, and that McVeigh and Doe No. 2 were mere patsies. The newsletter will claim that Doe No. 2, a government provocateur, lives in hiding on an Indian reservation in upstate New York. Others will speculate that Doe No. 2 is white supremacist Michael Brescia (see August 1994 - March 1995, (April 1) - April 18, 1995, April 8, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995), who bears a close resemblance to the sketch. Brescia later pleads guilty to crimes unrelated to the bombing and will deny any involvement. [Serrano, 1998, pp. 265-266] Author Nicole Nichols, an expert in right-wing domestic terrorism unrelated to accused co-conspirator Terry Nichols, will later speculate that Doe No. 2 is actually Andreas Strassmeir, a gun aficianado and member of the militaristic Elohim City compound along with Brescia (see 1973 and After). Press reports later state that McVeigh denies any involvement by Strassmeir (see February 28 - March 4, 1997). Prosecutors will later reiterate that Bunting is “John Doe No. 2” and reiterate that he has no connection to the bombing (see January 29, 1997).
In the weeks after the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), militia leaders and other anti-government leaders testify before the Senate Judiciary Committee. The Southern Poverty Law Center will observe, “Many experts see the hearings as something of a militia victory because of the uncritical nature of the questioning.” [Southern Poverty Law Center, 6/2001]
The constant presence of FBI agents in the small northern Arizona town of Kingman is unsettling the town’s residents. The investigators, combing through the town looking for evidence and witnesses to prove that former Kingman resident Timothy McVeigh carried out the Oklahoma City bombing (see March 1993, May-September 1993, February - July 1994, September 13, 1994 and After, October 4 - Late October, 1994, October 21 or 22, 1994, February 1995, February 17, 1995 and After, March 31 - April 12, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995), contrast poorly with many of the 13,000 residents, who arm themselves well and consider themselves opponents of the federal government. Some residents were outraged when the FBI arrested Kingman’s James Rosencrans during one of its sweeps, after Rosencrans threatened agents with an assault rifle (see May 1, 1995). One resident, James Maxwell Oliphant, tells a reporter he has waited for over a decade for blue-helmeted United Nations occupational forces to kick in his door. Oliphant, a self-described “patriot” who carries a Ku Klux Klan business card, has blown off one of his arms practicing with explosives, taken in skinheads who later turned against him, and served time in prison for conspiring to rob armored cars. He sees the influx of FBI agents in Kingman as the first of a wave of assaults the US government intends to carry out against its citizenry. Many of Oliphant’s fellow residents agree with him. Another resident, who refuses to give his name, says: “This is just the first sound of the alarm. People are going to rise up. There’s going to be a war. You can hear about it on AM radio.” The New York Times writes that “since the 1970s, [Kingman] has become a haven for disillusioned Americans hoping to distance themselves from big government.” David Baker, who once sold McVeigh a car, says he rarely leaves his house now for fear that FBI agents may be lying in wait to question him. The investigators are having as much trouble with the overly garrulous residents as the uncooperative ones; one, Jack Gohn, tells larger and more expansive stories about McVeigh every day. Agents attribute Gohn’s often-fanciful recollections to his suffering with Alzheimer’s disease and his stated desire for the $2 million federal reward being offered for information. But many more residents are not forthcoming. One flea market vendor proudly admits to a reporter that he lied to FBI agents for sport: “I sold McVeigh a .44 Magnum once,” he says, adding that his name is John Smith and pausing to see whether the reporter appears to believe him. “But I didn’t tell them that. It’s none of their business.” [New York Times, 6/18/1995]
In the wake of the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), President Clinton issues a classified directive on US counterterrorism policy. Presidential Decision Directive 39 (PDD-39) states that the United States should “deter, defeat and respond vigorously to all terrorist attacks on our territory and against our citizens,” and characterizes terrorism as both “a potential threat to national security as well as a criminal act.” [US President, 6/21/1995; 9/11 Commission, 3/24/2004; 9/11 Commission, 7/24/2004, pp. 101] The directive makes the State Department the “lead agency for international terrorist incidents that take place outside of US territory,” and the Justice Department, acting through the FBI, the lead agency for threats or acts of terrorism that take place in the United States. It defines “lead agencies” as “those that have the most direct role in and responsibility for implementation of US counterterrorism policy.” [US President, 6/21/1995; WorldNetDaily, 8/30/1999; US Government, 1/2001, pp. 8] Journalist and author Murray Weiss later calls the signing of PDD-39, “a defining moment, because it brought representatives from several other federal agencies, including the Federal Emergency Management Administration, the Department of Environmental Protection, and the Department of Health, into the antiterrorism program.” [Weiss, 2003, pp. 105] An April 2001 report by the Congressional Research Service will call this directive “the foundation for current US policy for combating terrorism.” [Brake, 4/19/2001, pp. 5 ]
Concerns that terrorists may obtain a nuclear, chemical, or biological weapon inspire the Clinton administration to assign new counterterrorism responsibilities within the federal government. After at least a year of interagency planning, President Clinton signs classified Presidential Decision Directive 39, US Policy on Counterterrorism. According to author Steve Coll, the directive is the “first official recognition by any American president” of the threat posed by terrorists using weapons of mass destruction. [Coll, 2004, pp. 318] “The acquisition of weapons of mass destruction by a terrorist group, through theft or manufacture, is unacceptable,” the directive declares. “There is no higher priority than preventing the acquisition of this capability or removing this capability from terrorist groups potentially opposed to the US.” PDD-39 is never fully disclosed to the public, but parts of it will be declassified in February 1997. The directive assigns specific counterterrorism responsibilities to the attorney general, the directors of the CIA and FBI, and the secretaries of state, defense, transportation, treasury, and energy. PDD-39 also assigns “Consequence Management” responsibilities to the Federal Emergency Management Agency (FEMA). When PDD-39 is partially declassified, a paragraph reaffirming a controversial detention policy is inadvertently disclosed. The paragraph, which is marked ”(S)” for secret, claims terrorism suspects may be detained by the US anywhere in world without the consent of the home country. “If we do not receive adequate cooperation from a state that harbors a terrorist whose extradition we are seeking, we shall take appropriate measures to induce cooperation,” the directive states. “Return of suspects by force may be effected without the cooperation of the host government, consistent with the procedures outlined in NSD-77, which shall remain in effect.” National Security Directive 77, or NSD-77, was signed by President George H. W. Bush and is entirely classified. [Presidential Decision Directive 39, 6/21/1995; White House, 6/21/1995; Associated Press, 2/5/1997; Federation of American Scientists, 9/26/2002; 9/11 Commission, 3/24/2004]
President Bill Clinton signs Presidential Decision Directive 39 (PDD-39) approving a rendition program recently proposed by the CIA (see Summer 1995). This program is the development of an earlier idea also approved by Clinton (see 1993) and comes two months after the bombing of a government building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The rendition program as approved by Clinton explicitly covers renditions of fugitives to the US to face trial: “When terrorists wanted for violation of US law are at large overseas, their return for prosecution shall be a matter of the highest priority and shall be a continuing central issue in bilateral relations with any state that harbors or assists them.” The directive does not require the foreign government’s consent: “Return of suspects by force may be effected without the cooperation of the host government.”
Third Countries - The 9/11 Commission will later point out that this directive also expressly approves transferring suspects to other countries: “If extradition procedures were unavailable or put aside, the United States could seek the local country’s assistance in a rendition, secretly putting the fugitive in a plane back to America or some third country for trial.”
Implications - In 2007, journalist Stephen Grey will comment on the policy’s implications: “In essence, the US government chose to outsource its handling of terrorists because neither Clinton nor his Republican opponents were prepared to establish a proper legal framework for the US to capture, interrogate, and imprison terrorists itself; nor to take the more direct military or diplomatic action required to eliminate the leadership of al-Qaeda in Afghanistan; nor to confront countries like Saudi Arabia or Pakistan whose policies helped encourage the growth of terrorism; nor to strengthen adequately the CIA’s own key capabilities.” [Grey, 2007, pp. 121, 123]
The CIA reports that in the last three months China has delivered missile parts to Pakistan that can be used in the M-11 missile. China has been shipping missiles to Pakistan for some time (see 1989 and 1991). [Levy and Scott-Clark, 2007, pp. 512]
Accused Oklahoma City bombing co-conspirator Terry Nichols (see March 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995, 8:15 a.m. and After, April 18, 1995, and 8:35 a.m. - 9:02 a.m. April 19, 1995) tells a legal researcher that he does not know the man identified only as “John Doe No. 2” (see April 20, 1995 and June 14, 1995) who is suspected of being involved in the bombing, says he is not sure that accused bomber Timothy McVeigh (see April 21, 1995 and April 24, 1995) was involved in the bombing, and denies any personal involvement in the bombing or the conspiracy. He also denies being as close to McVeigh as media reports and prosecutors have asserted (see March 24, 1988 - Late 1990, November 1991 - Summer 1992, April 19, 1993 and After, October 12, 1993 - January 1994, November 22, 1993, (September 30, 1994), September 13, 1994, September 30, 1994, October 3, 1994, October 4 - Late October, 1994, October 17, 1994, October 18, 1994, October 20, 1994, October 21 or 22, 1994, November 5, 1994, November 5, 1994 - Early January 1995, November 7, 1994, (February 20, 1995), March 1995, March 17, 1995, April 13, 1995, April 15-16, 1995, April 16-17, 1995, 5:00 a.m. April 18, 1995 and 8:15 a.m. and After, April 18, 1995). Nichols speaks to anti-government legal researcher and lecturer Karl Granse, the leader of the anti-government legal group Citizens For a Tax-Free Republic. Granse later tells a reporter that Nichols says if he were not in jail, he would be looking for “John Doe No. 2” himself. He also says he is angered that FBI investigators attempted to question his 12-year-old son (see May 9, 1995), and refused to allow him to speak to his wife, Marife, for a month after the bombing. Nichols initiated the conversation, telephoning Granse from prison, and asked for legal advice. Granse is a self-taught legal researcher and holds no legal degree. It is the first time that Nichols has spoken to an outsider about his relationship with McVeigh. Granse says he knows Nichols’s brother James (see May 22, 1995) from a lecture James Nichols attended in December 1994; investigators have found audiotapes of Granse’s lectures in James Nichols’s belongings. Granse says he has been questioned by FBI investigators regarding his relationship with the Nichols family and denies any but the most casual knowledge of the family. He says he has never met McVeigh and does not know the identity of “John Doe No. 2.” Granse says he has no intention of joining Nichols’s legal team. He has produced a video about the bombing that suggests the US government actually carried it out. [New York Times, 6/24/1995]
Stephen Jones, the lawyer for accused Oklahoma City bomber Timothy McVeigh, (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995), releases flattering photographs and videotapes of his client, along with McVeigh’s US Army records, saying that the public has a right to know McVeigh “as he really is.” McVeigh is a patriotic, happy young man, Jones says, and, quoting McVeigh’s military records, an “inspiration to young soldiers.” The photos and videotapes show McVeigh smiling and laughing with his lawyers. Jones has also allowed McVeigh to be interviewed by retired Colonel David Hackworth, a Newsweek columnist (see June 26, 1995, July 3, 1995) and June 26, 1995). “The public is entitled to know more about Mr. McVeigh than the government has released anonymously,” Jones says. Jones has already discussed the large amount of “supportive” mail McVeigh is receiving in prison (see June 9, 1995). Newsweek has released excerpts from Hackworth’s interview with McVeigh. Jones denies trying to influence potential jurors, saying: “If I were trying to influence potential jurors, I could say a lot more. The principal purpose behind it is to present our client to the public, to the families of the victims, to the victims who survived, as we believe he really is, to let them see something other than the 10 to 15 seconds of him walking out of the Noble County Courthouse. What I think you should draw from the record is that this is a young man who served his country honorably for four years.” Jones explains that he and McVeigh granted the interview with Hackworth because “Hack wrote him and said that he wanted to talk with my client, soldier-to-soldier.” [Associated Press, 6/26/1995; Chicago Sun-Times, 6/26/1995] The public-relations blitz is not entirely successful. Janet Walker, who lost her husband David in the blast, says: “They can’t make him innocent by putting a smile on his face, and they can’t make him guilty until they convict him. It’s nothing more than a ploy. I know that. He’ll get his in the end, if he’s guilty.” [Stickney, 1996, pp. 237-238] Jones tells reporters that McVeigh had been mistreated during his initial incarceration: telephone lines had been disconnected when he attempted to call a lawyer, and jailers had refused to give him a bulletproof vest during his “perp walk” transfer from the Noble County Courthouse (see April 21, 1995) because, Jones says, “It was like they were hoping Jack Ruby would come out.” Jones is referring to the man who shot accused Kennedy assassin Lee Harvey Oswald before Oswald could be arraigned. Noble County Undersheriff Raymond Jones strongly denies both of Jones’s claims. Jones also says that a camera set up to monitor McVeigh in his El Reno Federal Corrections Center cell, which is active 24 hours a day, is there to “engage in a kind of psychological warfare” that might “ultimately, perhaps… have an effect on [McVeigh’s] mental stability, which in turn might affect the trial.” The camera is later turned off for four hours a day, complying somewhat with Jones’s wishes. Jones also accuses prosecutors of “wiretapping” McVeigh’s conversations with his lawyers, and says that government wiretaps have been placed on his own phones, charges the prosecution denies. [Stickney, 1996, pp. 233-234, 239] Judge David L. Russell notes that Jones “slipped” Hackworth and photographer Peter Annin into the El Reno facility by pretending they were members of McVeigh’s legal team, and later asks McVeigh if he is comfortable with his lawyer conducting himself in such a manner. “Obviously, you don’t want somebody representing you that is not going to give you their all, would you agree with that?” Russell asks McVeigh. McVeigh says he is confident that Jones is representing him well, and assures Russell that he is “mentally competent” to make that determination. [Serrano, 1998, pp. 247-248]
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