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Freeh says some documents still not turned over to McVeigh
WASHINGTON (AP) More documents that may not have been turned
over to Timothy McVeigh's attorneys for his Oklahoma City bombing
trial were discovered after a final sweep last week, says FBI
Director Louis Freeh.
Freeh's revelation to a congressional subcommittee Wednesday,
the day McVeigh had been scheduled for execution, came less than a
week after the revelation that more than 3,000 pages of documents
were withheld from McVeigh's lawyers before his trial.
That discovery led Attorney General John Ashcroft to postpone
McVeigh's execution for the bombing of the Oklahoma City federal
building.
Freeh told a House Appropriations subcommittee that more
documents showed up this week. They were discovered, he said, only
after he ordered all of his deputies worldwide Friday to do one
last "shakedown" for any documents and told them they would be
personally responsible if all weren't retrieved.
"This latest scrubbing has produced additional documents which
are currently being reviewed to determine whether they were covered
by the discovery agreement and, if so, whether they have been
produced," Freeh said.
But Freeh said he did not think the documents found this week or
last week would change McVeigh's conviction or sentence for the
April 1995 federal building bombing that killed 168 people.
"Although I fully support the attorney general's decision to
postpone the execution fairness and justice, of course, demand
that I do not believe this belated disclosure of documents will
affect the outcome," he said.
McVeigh's lawyers met with him at the federal prison in Terre
Haute, Ind., and said he was taking an active role in deciding what
to do. Before the FBI's mistake was announced, McVeigh had declined
to pursue further appeals, but attorney Nathan Chambers said
Wednesday that the inmate was "willing to consider all options
that are available to him."
Freeh, in his first public statements about the FBI mishap, said
he would be adding "a world-class records expert" and creating a
separate office of records management and policy to ensure that
documents aren't mishandled in the future.
He said he also will increase records training for agents and
order the FBI to take time to review proper procedures for handling
important documents.
The McVeigh documents "should have been located and released
during discovery," Freeh said in one of his last appearances
before Congress. "As director, I'm accountable and responsible for
that failure, and I accept that responsibility."
Freeh recently announced he was retiring in June, two years
before completion of his 10-year term.
Only Rep. David Obey, D-Wis., was openly critical, calling the
FBI "something close to a failed agency" and saying "the litany
of troubles with the agency are truly astounding and regrettable."
"I just think this is a pitiful performance, which is feeding
the paranoia of large sections of this country, and that's the last
thing that we can afford these days," Obey said.
Other lawmakers said the situation had been blown out of
proportion.
"You had 28,000 interviews, and you had tons of material that
were turned over. And what we're talking about here is really
insignificant, irrelevant documents that have no bearing on the
case," said Rep. Hal Rogers, R-Ky. "Is that a fair statement?"
"That is my understanding," Freeh said.
Freeh said agents were reminded constantly to send their
material on the bombing investigation to the Oklahoma City field
office. 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.
FBI agents first realized they had documents that might not have
been turned over to McVeigh in March when archivists started to
store the documents, Freeh said. By the time they were sure that
the documents hadn't been shared, it was May, he said. The FBI
turned the documents over to the prosecutors May 8; prosecutors
gave the documents to McVeigh's lawyers on the same day.
Freeh said he didn't learn about the documents until May 10.
Freeh said he suspects there won't be one single answer to why
some of the documents in the case weren't turned over earlier.
"For example, some offices wrongly concluded that the
information was so extraneous that it was not covered by the
request related to these prosecutions," Freeh said. "Some offices
forwarded summary results of investigation but not the underlying
documents. Some offices forwarded copies of originals. Some offices
turned investigative inserts into 302s and forwarded only the 302s.
Some offices overlooked material when culling out responsive
documents. Finally, some offices believed they sent the material
but, in some cases, not in a form that could be uploaded into our
existing system."
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