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Widespread Failures Seen By
FBI In McVeigh Case
By Deborah Charles
3-19-2

WASHINGTON (Reuters) - Widespread failures by the FBI led to the belated disclosure of thousands of pages of documents that caused a one-month delay in the execution of Oklahoma City bomber Timothy McVeigh, the Justice Department said in releasing the results of an investigation on Tuesday.
 
"The OIG's (Office of the Inspector General) investigation found that the failures to disclose documents were widespread and not confined to a single FBI field office or a few individuals," said Glenn Fine, the inspector general of the Department of Justice, in releasing the 192-page report.
 
The FBI had delayed in giving McVeigh's defense team boxes of documents related to the investigation of the April 1995 bombing that killed 168 people and gutted a federal office building in Oklahoma City.
 
"Both FBI field offices and the Oklahoma City bombing Task Force bear responsibility for the failure to properly disclose the materials," said Fine.
 
When the problem of the belated disclosure of documents was first made public in May 2001, just days before McVeigh was scheduled to die by lethal injection, Attorney General John Ashcroft ordered an investigation to see why the FBI had waited so long to turn over boxes of documents to McVeigh's lawyers.
 
Human error was the chief cause, the inspector general reported.
 
"The failures that we observed stemmed from individual mistakes, the FBI's complex document processing systems, inconsistent interpretations of FBI policies and procedures, agents' failures to follow FBI policies, agents' lack of understanding of the unusual discovery agreement in this case and the tremendous volume of material being processed within a short period of time," it said.
 
Ashcroft and FBI Director Robert Mueller both issued statements saying they were committed to implementing necessary reforms at the FBI.
 
"The FBI has already begun to update technology systems, improve information management and provide more effective and timely accountability," Ashcroft said. Mueller has begun restructuring the FBI which has been shaken by a series of blunders over the past year, ranging from the McVeigh files to lost laptops to having a Russian spy within its ranks.
 
FBI SAYS FAILURES WERE UNINTENTIONAL
 
The investigation found no basis for claims by McVeigh's lawyers that the government had intentionally failed to disclose information.
 
However, it said two FBI managers, Danny Defenbaugh -- inspector in charge of the Oklahoma City bombing investigation -- and Supervisory Agent Mark White -- were aware of the potential problem as early as January 2001.
 
"We believe their failure to take timely action to resolve, or report, the problem of the belated documents was a significant neglect of their duties and we recommend that the FBI consider discipline for these failures," the report said.
 
Mueller said in his statement that the FBI was reviewing the criticisms and "will quickly move to take any appropriate disciplinary actions."
 
The inspector general's report said the problems encountered in the Oklahoma City bombing case should be used to help ensure the FBI's record management system is improved.
 
It outlined a series of recommendations to help address the FBI's weaknesses, including improved planning for complex cases, upgrading the computer system, better training and an improvement of FBI record-keeping systems.
 
"These problems are not new," the report said. "The FBI has known about many of them for some time. ... But the FBI has not done enough to address these problems."
 
"As the tragic attacks of Sept. 11 revealed, the FBI continues to be faced with cases of the scale and dimensions of OKBOMB, and the lessons learned from OKBOMB continue to be important," it said, using the code name for the investigation into the 1995 bombing.
 
 
 
Copyright © 2002 Reuters Limited. All rights reserved. Republication or redistribution of Reuters content is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.


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