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FBI director addresses mistakes in McVeigh case
WASHINGTON (AP) FBI Director Louis Freeh acknowledged
Wednesday a "serious error" in the bureau's failure to provide
Timothy McVeigh's lawyers with evidence in the Oklahoma City
bombing case. He said FBI headquarters had repeatedly asked, but
failed, to get field offices to furnish the material.
Speaking publicly for the first time since disclosure that more
than 3,000 pages of documents were withheld from McVeigh's lawyers
at the time of his trial, Freeh said in prepared remarks that: "I
am not here to minimize our mistakes or to make excuses."
Even as he was explaining the problem, Freeh admitted that in
addition to the 3,135 pages that have now been turned over, the FBI
has located "a number of additional documents" as a result of a
search ordered Friday.
The documents are being reviewed to see if they should be turned
over, he said.
Freeh made the statement before a House Appropriations
subcommittee, six days after the revelation and a day after
testifying behind closed doors on the problem before the Senate
Intelligence Committee.
"Regardless of how extraneous these documents are, if they were
covered by the discovery agreement, they should have been located
and released during discovery," Freeh said. "As director, I have
taken responsibility. The buck does stop with me."
Nevertheless, he said, "the underlying case and his guilt
remain unchallenged."
His testimony came on the same day that McVeigh was to have been
executed for the bombing.
Freeh cited many requests that field offices send their material
to its Oklahoma City field office the operation that headquarters
had assigned the job of compiling the records.
In 1995 and 1996, he said, field offices were told 11 times to
send the documents.
When it appeared that not all materials had been sent, Freeh
said he sent a priority teletype to all field offices in November
1996 directing all materials be sent promptly.
"As we now know, there were still many offices that had failed
to comply fully or precisely with the instructions given," Freeh
said.
"As a consequence, the items now at issues were apparently
never turned over to the prosecutors during the discovery period."
Subcommittee Chairman Frank Wolf, R-Va., asked Freeh why the FBI
did not do a check by hand for relevant documents in addition to
an electronic search.
"That is one of the questions we'll have to answer," Freeh
said.
Asked by Wolf if his own directives to FBI field offices on the
matter might have been "fuzzy," Freeh said no, they were
"absolutely clear ... that everything and anything was to be
retrieved and sent to Oklahoma City."
Rep. David Obey of Wisconsin, the senior Democrat on House
Appropriations Committee, told Freeh at the outset of the hearing
he believes the FBI has a "litany of troubles."
"I think we have today something close to a failed agency,"
Obey said. "There is such a pervasive list of problems through the
years," he added, citing the Ruby Ridge shootout in addition to
the lost McVeigh papers.
Freeh said he regrets the pain that the FBI mistake involving
McVeigh has caused the victims and family members who lost loved
ones in the blast. McVeigh was convicted of the April 19, 1995
bombing of the Alfred P. Murrah Federal Building, in which 168
people died, including 19 children.
The missing documents were only found when FBI archivists
started collecting material for storage and discovered that
materials in the field offices had never been turned over to
prosecutors. Instead of just storing or hiding the documents, the
archivists turned the material over to their superiors, who turned
it over to the lawyers, Freeh said.
That was "not the easiest thing to do, but the right thing to
do," Freeh said.
The FBI has come under withering criticism in recent days, and
Attorney General John Ashcroft last week postponed until June 11
McVeigh's execution for the bombing.
Freeh said most FBI offices either failed to locate the
documents, misinterpreted their instructions to send the documents
or sent the documents, only to have them unaccounted for on the
other end.
"Any of these cases is unacceptable," said Freeh, who had
announced earlier that he was retiring after eight years at the
helm rather than serving the full 10-year-term, which would have
ended in 2003.
Freeh outlined a series of problems, mistakes and mishaps that
contributed to the bureau's failure to turn over all documents.
At the time that all investigative documents were supposed to
have been sent to the Oklahoma City office for uploading to a
computer system, Freeh said, the FBI was converting to a new
computer system.
Freeh said that during the first six months of the
investigation, the bombing command post in Oklahoma City had
trouble ensuring that all field offices coordinated their
investigative materials with records maintained in Oklahoma City.
Sen. Richard Shelby, R-Ala., chairman of the Senate Intelligence
Committee, emerged from Tuesday's session with sharp criticism of
the FBI.
"I don't think you can blindly have confidence in anything,"
Shelby told reporters. "It does cause us all to be concerned about
some of the goings on, lack of efficiency, lack of judgment
perhaps, at the FBI."
"It's something that should not have happened, and it shows,
probably, a lack of diligence somewhere in the FBI," Shelby said.
The bureau, he said, has had "too many failures, too many
blunders" of late.
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