Time: Sun Aug 03 20:21:27 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id UAA09380; Sun, 3 Aug 1997 20:21:42 -0700 (MST) by usr10.primenet.com (8.8.5/8.8.5) with SMTP id UAA19227; Sun, 3 Aug 1997 20:19:35 -0700 (MST) Date: Sun, 03 Aug 1997 20:18:43 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: OKLAHOMA BOMBING FALLOUT (fwd) <snip> > > OKLAHOMA BOMBING FALLOUT > > Carol Howe Acquittal Raises Question Of Prior Knowledge > > >By Edward Zehr > >As the Thompson committee hearings ground on toward the August >recess last week without major witnesses (most of whom are holed >up in China or adjacent Pacific Rim countries) and largely >ignored by the mainstream press (CNN has condescended to provide >live coverage now that the most interesting part is over), an >even more obscure story caught the fleeting attention of the >press lords in Washington and New York: "McVeigh's Lawyers >Keeping Eye On Bomb Threat Trial in Tulsa," read the headline of >a Washington Post story by Lois Romano. > >The story is about the trials of James Viefhaus, an alleged " >Nazi sympathizer," and Carol Howe, his former live-in girlfriend, >described by Romano as "a troubled former debutante from a >prominent family who fell in with a bad crowd and had a swastika >tattooed on her arm." > >The odd couple were charged with placing a message on their >answering machine around the end of last year that is alleged to >contain a bomb threat. They were also charged with possessing >components that could be used to build a bomb. Viefhaus was >convicted on these charges after a trial that lasted about a >week. The trial of Carol Howe took place last week, ending in >her acquittal on all counts. > >The thing that has piqued the interest of the brahmins at the >Washington Post is Howe's testimony that she "had warned >authorities that others were talking about blowing up federal >buildings," information that she had acquired in the course of >her activities as "an informer for the federal Bureau of >Alcohol, Tobacco and Firearms (ATF)." This, according to Mrs. >Romano, who is married to a federal judge, has made Howe "a cause >celebre for lawyers of convicted Oklahoma City bomber Timothy J. >McVeigh and far-right conspiracy theorists." > >Now, a story such as this, appearing in an establishment rag such >as The Washington Post, might be cause for alarm to the >"federales," (as they are known to us skulking brutes of the "far >right") if the story had been pursued in that old-time tradition >of investigative reporting typified by Woodward, Berstein, Deep >Throat, et al. But the feds really have little need to worry >about this article, which merits their Good Hush-keeping Seal of >Approval. The goodguys and badguys have been clearly labeled for >the benefit of those unfamiliar with the cheer-the-hero, hiss- >the- villain conventions of mainstream journalism and the story >has been rigorously spun to government specs. > >Still, Mrs. Romano does let drop the revelation that Howe's >lawyers contend she was charged -- three months after Viefhaus -- >in order to silence her when it became known that she intended to >testify at the trial of Tim McVeigh, who was accused and >subsequently convicted of bombing the Murrah Building in Oklahoma >City. > >McVeigh's attorney, Stephen Jones, offered his succinct opinion >regarding the federal government's reason for indicting Carol >Howe: "They wanted to make her a Typhoid Mary in the McVeigh >trial." > >Mike Vanderboegh who edits The John Doe Times, an electronic >publication devoted largely to reprints of articles on the >Oklahoma bombing and related matters, with occasional commentary >by the editor, mentioned recently that the feds had sent the head >of the Domestic Terrorism Section of the FBI to testify at "the >little two-bit bomb threat" trials of Viefhaus and Howe. "Is >there something more important here than they are letting on?" he >asks. > >Mrs. Romano tells us the prosecutors have assured the court that >"the Oklahoma City attack has no bearing on the charges against >Howe and have asked U.S. District Judge Michael Burrage to bar >all references to it at her trial." She adds that neither side is >able to comment on this "because a 'gag' order is in place." > >Another gag order -- just as the one imposed upon the April 24 >pre-trial hearing of Howe and Viefhaus was lifted, allowing a >70-page transcript of the hearings, previously sealed by the >court, to be made public. J.D. Cash, writing in the July 22 >McCurtain (Idabel, Oklahoma) Gazette, reveals that the transcript >"suggest[s] the federal agency had advance warning of an >impending attack on a federal building in Oklahoma City." > >"At the hearing on April 24," writes Cash, "Howe attorney Clark >Brewster was seeking an order from Federal District Judge Michael >Burrage to release Howe's ATF reports and other investigative >materials related to her undercover work for the government." > >Burrage declined to do so, saying: > >"With that McVeigh trial going on, I don't want anything getting >out of here that would compromise that trial in any way." > >Whereupon he sealed the transcript. That prompted Brewster to >ask: > >"What do you mean by compromise? Do you mean share with the >McVeigh defense?" > >"Yes," replied Burrage, "or something that would come up - you >know, we have got evidence that the ATF took a trip with somebody >that said buildings were going to be blown up in Oklahoma City >before it was blown up or something of that nature and try to >connect it to McVeigh in some way or something." > >Carol Howe's testimony at the McVeigh trial was subsequently >disallowed by the presiding judge, Richard Matsch. Thus, in a >case based largely on circumstantial evidence that McVeigh had >the motive and means to blow up the Murrah Building, the defense >was denied the opportunity to present circumstantial evidence >that others had the motive and the means to do so as well. The >reason Judge Matsch gave for cutting the defense off at the knees >was that he didn't want to "confuse the jury." > >This was in keeping with the overall kangaroo court atmosphere of >the proceeding. Early in the McVeigh trial one juror told his >colleagues, "We all know what the verdict should be." Fans of >"L.A. Law" might consider this grounds for a mistrial, or at >least for replacing the outspokenly biased juror, but not Judge >Matsch. He declined to hold hearings, or take any action on the >matter. Responding to a complaint by the defense that pretrial >publicity had poisoned the jury pool after the Dallas Morning >News had published excerpts of documents stolen from the defense >team's computer, including an alleged confession by the >defendant, His Honor replied that he considered it "unwise to >presume" that the entire jury pool was prejudiced. > >Following the Viefhaus trial, during which reams of racist >literature were placed in evidence, along with photos of Viefhaus >and Howe in Nazi regalia, an alternate juror was quoted as saying >that "such evidence caused him to want to vote to convict >Viefhaus because of his political leanings," according to J.D. >Cash. "The juror said he did not think the couple really intended >to bomb any cities, as the message predicted. But he felt the >couple were a danger to the community," Cash wrote. > >Howe's attorney, Clark Brewster, protested that the introduction >of this material was "an attempt by the prosecution to 'smear' >Howe's character and convict her because of her one-time >political beliefs," according to the Tulsa World. > >The World reported that, "Brewster, who claims that Howe gathered >the material as part of her informant duties, said the evidence >was 'calculated' to get the jury to fear his client and put >jurors in a mindset to send her to prison, even if the government >does not prove the bomb threat and possible pipe bomb counts." > >Shortly before the McVeigh trial was to begin in March Brewster >questioned Angela (Finley) Graham, who had "run" Howe as an >undercover agent for the ATF, regarding the intelligence project >Howe had undertaken involving Andreas Strassmeir, Dennis Mahon >and Elohim City. > >Referring to Andreas Strassmeir, Brewster asked about "the kind >of threats he made about wanting to blow up federal buildings? >You were interested in that, weren't you?" > >Graham gave a somewhat circuitous affirmative answer, prompting >Brewster to inquire: "And Ms. Howe told you about Mr. >Strassmeir's threats to blow up federal buildings, didn't she?" > >"In general, yes." > >"And that was before the Oklahoma City bombing?" > >"Yes." > >Mrs. Romano writes that, "Federal prosecutors in the McVeigh case >have said privately that Howe never reported useful specific >information in advance of the Oklahoma City bombing, although >she adds that "Angela Graham, confirmed during a pretrial hearing >that during that time Howe did tell her 'in general' that certain >Elohim City residents spoke of bombing buildings." > >However, the Tulsa World reported on July 30: > > "In a July 16 hearing in the Howe case, Brewster claimed that > -- before the Oklahoma City bombing -- Howe had warned the > ATF that residents of the far eastern Oklahoma religious > compound known as Elohim City were talking of a "cataclysm" > in the spring of 1995 and that federal buildings in Oklahoma > City or Texas were being targeted." > >According to J.D. Cash, "evidence is contained in government >documents outlining plans in February, 1995, for Strassmeir's >imminent arrest by agents of the Tulsa office of the ATF." > >But the arrest did not take place. Cash wrote, "For reasons yet >to be explained, that arrest--planned for two months before the >Oklahoma City bombing--was postponed, and in the wake of the >bombing, apparently scrubbed." > >Writing in the McCurtain Gazette, Cash alleged, "The Gazette has >also located evidence that Strassmeir was immediately fingered as >a suspect in the Oklahoma City bombing, but was inexplicably >allowed to live in this country for nine months following the >tragedy, without being interviewed by the FBI." > >The London Telegraph's Washington bureau chief, Ivo Dawnay >recently wrote: > > "What is most worrying for prosecuting attorneys is that Howe > claims little knowledge of Tim McVeigh. Instead she > identified from descriptions several other Elohim figures, > including Mahon, Strassmeir and a bank robber, Michael > Brescia, as likely bombers. But to date, although the FBI is > said to have spoken to more than 20,000 individuals in > America's most extensive criminal inquiry, Mahon has yet to > be interviewed. Strassmeir, another suspect named by Howe, > has been only cursorily interviewed in Germany by telephone." > >Strassmeir, the son of a prominent German political figure, has >been barred from re-entering the U. S. by the State Department. >He has been living in Dublin, Ireland since last February and is >said to be "socializing in Sinn Fein circles," according to the >Dublin Sunday Times. > >The problem for the feds is that this doesn't look right -- it >just doesn't make sense. Why would the federal authorities >protect a person such as Strassmeir, even ignoring the fact that >his visa had expired and he was living in this country illegally? >Was it because of his father's political influence? If that were >the case wouldn't it be logical to suppose that they would have >whisked him out of the country as soon as it became known that he >was cavorting with a bunch of self-styled Nazis instead of >allowing him to remain in their company for months after the >Oklahoma bombing -- to get into who knows what kind of trouble? > >The feds have never even attempted to explain their special >treatment of Strassmeir which makes absolutely no sense unless >one assumes that he was working for them. The same can be said of >Mahon. Why would the federal authorities not interview him, of >all people, unless they were already getting his reports? After >all, he had been named by an undercover agent as a major >conspirator in the Oklahoma bombing -- and they were interviewing >hundreds of people who had been erroneously identified on the >basis of police sketches, who had no other connection with the >incident. > >One point that seemed to particularly annoy Mr. Vanderboegh was >the Washington Post's slapdash account of Carol Howe's >recruitment by the ATF. According to Mrs. Romano: > > "Mahon said that he first met Howe in 1993 when she wrote him > to say that she was interested in the white supremacist group > in which Mahon has been active. By August, 1994, however, > Howe was reporting to the ATF about Mahon's activities. It > is unclear when--or even if--she went from sympathizer to > informer." > >Since Mahon had been accused by Howe of plotting to blow up >federal buildings, he might not be the most objective source of >information for so critical a detail as this. Nor does his >standing as a former official of the Ku Klux Klan (unmentioned in >Romano's account) particularly enhance his credibility. > >Ivo Dawnay writes that Howe drifted into the white racist >movement after being accosted by three black youths. According to >one account, she was thrown off a high structure, breaking both >heels, and still has difficulty walking. It was after that >incident she contacted a racist hotline operated by Dennis Mahon, >"a leader of the so-called White Aryan Resistance group, linked >to an Oklahoma commune of extremists called Elohim City," >according to Dawnay. > >Dawnay goes on to say that, "After allegedly being sexually >assaulted by Mahon, she filed an Emergency Protective Order >against him, thereby alerting the interest of the ATF." After >being approached by ATF agent Angela Finley, Howe agreed to act >as an informant for the bureau, infiltrating the White Aryan >Resistance enclave at Elohim City and reporting on their plans to >bomb a federal building. > >Thus, it is not at all unclear when Howe "went from sympathizer >to informer." However, the telling of this part of the story >would not have been convenient to Mrs. Romano, who had cast Miss >Howe as one of the villains of the piece. The image she sought to >portray was that of a flaky, gooned-out debutante who just sort >of sleepwalked her way to becoming a "racist terrorist." > >But the stickiest point of all is given in the following >observation by Mrs. Romano: > > "An ATF agent has testified that she terminated Howe in 1995 > because Howe was associating with skinheads and appeared to > be mentally unstable." > >A covert agent consorting with "skinheads?" Shocking. Surely >undercover informants are supposed to associate only with upright >members of the community whose reputations are above reproach -- >members of the chamber of commerce and the clergy, for example. >Agent Howe has let the side down with her awkward taste in >socializing. > >But then, what is one to expect? According to "an ATF agent" Howe >"appeared to be mentally unstable." One might wonder about the >qualifications of a random ATF agent to render such psychiatric >opinions, but in this case all such speculation would necessarily >be idle -- Mrs. Romano has neglected to give us the agent's >identity, much less details of the agent's medical education and >time spent studying in Zurich. > >McVeigh's attorney, Stephen Jones, noted that Howe had filed 70 >reports while working undercover for the ATF in 1995 and had made >more than 47 undercover tape recordings of white supremacists. >She also took numerous polygraph tests. According to Jones, "She >passed the polygraph according to the reports. They evaluated her >credibility and found her to be a reliable, credible informant." > >Altogether Howe is said to have passed 14 polygraph tests while >working as an ATF agent. One wonders how many polygraph tests her >handler Angela (Finley) Graham could pass. Testifying during the >Viefhaus trial, Graham acknowledged that Howe had been >"reactivated" following the Oklahoma bombing, but that this >merely reflects how "desperate" the government was to catch those >responsible for the bombing. (So desperate that they didn't have >time to interview Strassmeir or Mahon?) Howe maintains that she >had never been notified that she was "deactivated" (in March of >1995 according to Graham). > >According to the Tulsa World, "The government acknowledges that >ATF records reflect that Howe was an informant through Dec. 13, >the day a search warrant was executed at the east Tulsa house >Viefhaus and Howe shared." > >Under questioning, Graham admitted that the records of the ATF >show that Howe worked for them as an informant through 1996, but >said that was only because her superiors would not permit her to >close the books on Howe. Their reasoning, according to Graham, >was that they did not want "to destroy any records that related >to the Oklahoma City investigation." > >In other words, the only way these brain-locked bureaucrats could >indicate in their records that an informant was no longer active >was to destroy the records? It is difficult to believe that even >an outfit as dorkey as the ATF would maintain so ridiculous a >system of record keeping. Supposing the activities of a >deactivated agent became relevant to some future, unanticipated >prosecution -- would they just shrug and tell the prosecutor, >"Sorry, we destroyed all the records on that"? Or do they simply >carry all of their deactivated informants on the records as >active? Perhaps more to the point, do they really know who is >active and who isn't? In this case, the issue would seem to turn >on the word of Agent Graham alone. > >It was, Graham said, warming to the subject, the only instance >she could recall during the course of her career with the ATF >that someone "so unstable" had been called back into service as >an undercover agent. > >And what reason was given for the conclusion that Howe was >"unstable?" In February 1995 she stayed four hours in a local >mental health facility where she had gone in a state of >depression. According to the Tulsa World, "Howe said she >subsequently got therapy for depression she said was brought on >by pressure from the ATF and the death of a child she knew in a >house fire." > >Under cross-examination Agent Graham admitted that she is not >qualified to judge whether or not a person is mentally unstable. > >The Tulsa World reported that "The prosecution also introduced >evidence of a bizarre incident in March 1995 in which Howe >allegedly reported that she was "pistol-whipped" by a black man." > >Is this supposed to be further evidence of Howe's unsuitability >as an undercover agent? Wasn't it just such an incident that >convinced the ATF of her suitability as an agent and prompted >them to contact her with an offer of employment? > >The prosecution's entire case is riddled with such instances of >double-think. Agent Graham decides that Howe is a mental basket >case, totally incompetent to do the dangerous work of an >undercover informant, so what does she do? She packs Howe off to >Elohim City to find out who blew up the Murrah Building, knowing >full well that she stands a good chance of being maimed or >killed, and that her information will likely be worthless anyway, >since she is so "undependable." Perhaps it's time Agent Graham >had her own mental stability checked -- she could have it done >while waiting for the results of her polygraph tests. > >Under cross-examination, Howe's attorney Clark Brewster was able >to elicit testimony from several FBI agents, "that showed Carol >Howe was highly regarded by the ATF and by some FBI agents," >according to the Tulsa World. Even Agent Graham was moved to >write a threat assessment after the FBI blew Howe's cover by >leaking her identity to McVeigh's defense team. The Tulsa World >reported that, "In the assessment, Finley-Graham wrote that in >the two years she had known Ms. Howe she never appeared to be >overly paranoid or fearful and that her belief that she is in >serious danger was likely real. Finley-Graham's advice to Howe >was to take every precaution necessary to protect herself." > >Agent Graham went on to emphasize the importance of Howes' work >writing that she had been "the key in identifying individuals at >Elohim City which is tied to the Oklahoma City bomb case." > >There would seem to have been a change in the game plan between >then and now. Could this be related to the fact that survivors of >the Oklahoma bombing have filed a million dollar lawsuit against >Graham for "failure to act" in a timely fashion to prevent the >tragedy, or is she just being a good team player? > >Perhaps most damaging to the government's case was the testimony >of FBI agent Peter Rickel. The Tulsa World summarized the impact >of his testimony: > > "The testimony had the effect of showing that Ms. Howe was > still an active ATF informant and highly thought of. So much > so that even the FBI was calling her for information, long > after the Oklahoma City bombing. It also showed, that Ms. > Howe was caught in a government run-around. The agency she > worked for took her fears seriously but told her to go to the > FBI. The FBI told her to go to the ATF. And no one did > anything to protect her. Rickel then admitted, that given > those facts it would have been an option for Ms. Howe to > continue her work as a member of the white supremacist > movement." > >The physical evidence was described by FBI agent Ken Kaminski, >who took part in the December 1996 raid on the residence of >Viefhaus and Howe. He described "a length of pipe with end caps, >containers marked powder, cannon fuse, citric acid and hexamine >tablets," according to press reports. Under cross-examination >Kaminski conceded that "the citric acid was a retail item that is >used to can vegetables and the hexamine tablets are used to start >camp fires. The pipe with end caps turned out to be empty," the >Tulsa World reported. > >And then there is the "bomb threat" on Viefhaus's answering >machine. It reads: > > "A letter from a high-ranking revolutionary commander has > been written and received demanding that action be taken > against the government by all white warriors by Dec. 15, > 1996, and if this action is not taken bombs will be activated > in 15 pre-selected U.S. cities." > >Agent Rickel, when asked on the witness stand "whether CBS News >anchorman Dan Rather would be arrested if he said the same words >on the air," at first offered the opinion that Rather would be >subject to prosecution, but then backed off and reversed himself, >saying that Rather's status as a newsman made the situation >different. > >So much for the Bill of Rights. It's good of the FBI to let us >know that multi-millionaire talking heads are accorded rights and >privileges that are not shared by us mere commoners. Perhaps one >day the agency will find the time to point out the exact section >of the Constitution where this is spelled out. The intellectual >acumen of FBI agents would seem to have plummeted drastically >since the "bad old days" of J. Edgar. No doubt the agency has had >to take on its share of tragic victims of the American >educational system. > >The one thing that really stands out about these trials is the >pervasive smell of baloney. If Viefhaus really intended to bomb >15 U.S. cities he surely wasn't going to do it with the odds and >ends found in the search of his residence. Perhaps it would be in >order to test for mental instability all around, starting with >the jury that convicted him. The man's politics may be odious and >more than a little bit nutty, but that is hardly a reason to send >him to prison. His conviction is a bit of a puzzle in light of >Howe's acquittal since the evidence presented against both >defendants is identical. > >The trial of Carol Howe was a no-brainer. She was acquitted on >all charges Friday night after the jury had deliberated for less >than six hours. This is certain to have repercussions -- a grand >jury that will reconvene this month in Oklahoma City is >considering the possibility that a much larger conspiracy was >involved in the bombing of the Murrah Building than the federal >government is willing to admit. Howe's acquittal lends credence >to this theory. > >The motivation of the federal authorities in bringing charges >against Howe is as obvious as their motive for failing to pursue >most of the conspirators involved in the bombing the Murrah >Building -- they are attempting to cover their plush posteriors. >The feds had prior knowledge of the Oklahoma bombing and failed >to prevent it, just as they did with the bombing of the World >Trade Center. About the only positive thing that can be said of >this fiasco is that it provides yet another excellent reason to >abolish the ATF. > > > > > Published in the Aug. 4, 1997 issue of The Washington Weekly > Copyright 1997 The Washington Weekly (http://www.federal.com) > Reposting permitted with this message intact > <snip> ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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