When
Morris Kuper testified at the trial of Terry Nichols, Tim
McVeigh's co-conspirator in the Oklahoma City bombing, he said
that at 8:02 a.m. he had seen a man closely resembling McVeigh
and a swarthy, muscular man walking to a parking lot a block from
the Murrah Building. That was an hour before the Murrah Building
was blown up, killing 168 people.
Kuper, a computer expert with the Kerr-McGee Corporation, said he
looked at his watch because he was late for work. He said he saw
the two men enter the parking lot and get into an old,
light-colored car like the one McVeigh was driving when he was
arrested. He called the FBI two days later, telling them to get
surveillance tapes from the public library building and the
Southwestern Bell building because they might show something
interesting that he had seen in the parking lot. They took his
name and number, but did not interview him about what he had seen
until four months later.
There were many other witnesses who had seen McVeigh with a man
fitting Kuper's description before and after the bombing. The FBI
had circulated a sketch of him, calling him John Doe No. 2. They
later retracted this identification because the first of the many
witnesses who saw this man had been persuaded that he was
mistaken. The FBI has yet to say whether any of the 23 tapes that
they took from surveillance cameras on the Murrah Building and
buildings nearby showed McVeigh with such a man.
An important lawsuit, "David Hoffman vs. the Department of
Justice," is now before the federal court for the Western
District of Oklahoma. It is a Freedom of Information suit seeking
release of the surveillance tapes. The Freedom of Information Act
was passed to promote honesty and facilitate the exposure of
cover-ups of wrongdoing by government officials, objectives
embraced by the Bush administration. Since Attorney General John
Ashcroft appears to have bought the FBI claim that none of the
material withheld by the FBI has any significant bearing on the
McVeigh and Nichols verdicts, why is his department opposing
release of the tapes?
It has even imposed a gag order to keep those familiar with the
sequestered material from discussing what it reveals. On May 29,
"60 Minutes II" aired a segment featuring four former
FBI agents, three who had been forced out of the bureau and one
who had retired. One, Rick Ojeda, had won a commendation from
Louis Freeh for his work on the Oklahoma bombing case. Ojeda said
that he had checked to see if information that he had developed
had been mentioned in the trials. He asked other agents to find
out if interview reports that he had written had been turned over
to the attorneys. They couldn't find them.
Ojeda wrote to Senator Charles Grassley, a critic of the FBI,
saying he was aware of exculpatory information in the Oklahoma
bombing case that had been ignored. Asked by Dan Rather to
describe some of that information, Ojeda said a gag order
prevented him from doing so. He could only say, "I thought
they were leads that should have been followed up on." There
was no one on the program who was free to explain what was being
concealed.
Those familiar with the evidence believe that some surveillance
tapes and many of the documents show that the John Doe that
Morris Kuper saw with McVeigh was a co-conspirator and probably a
link to Middle Eastern terrorists backing the plot. A former
agent familiar with the case says John Doe was dropped as a
target because the FBI wanted a quick solution. A Middle Eastern
connection would have complicated the case.
Dan Vogel, the retired agent on the program, said that the FBI
has a cultural problem, and if it doesn't address it, it will
destroy itself. That problem is the tendency to control and
manipulate the evidence to obtain a desired result. Danny
Defenbaugh, who ran the bombing investigation and now runs the
Dallas field office, where all those missing Oklahoma documents
were sent, has been described as exemplifying the culture.
A few days before the cover-up was exposed, Defenbaugh said on TV
that whenever you hear criticism of the FBI, "you never hear
about the Oklahoma City bombing case." Having sat on the
documents for months, and with McVeigh's execution imminent, he
had no reason to anticipate being ordered to turn them over.
Somewhere in the FBI family, there must be a hero who threatened
to expose the obstruction of justice, implicating Louis Freeh and
forcing him to order Danny Defenbaugh to surrender his hoard.
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