FOR IMMEDIATE RELEASE CRM FRIDAY, AUGUST 15, 1997 (202) 616-2777 TDD (202) 514-1888 EVIDENCE FROM INVESTIGATION OF 1992 RUBY RIDGE MATTER ONLY SUFFICIENT TO CHARGE ONE OFFICIAL WITH CRIMINAL CONDUCT Disciplinary Penalties Being Weighed for Others WASHINGTON, D.C. -- After an exhaustive investigation involving hundreds of interviews and the review of hundreds of thousands of pages of documents, the Justice Department announced today that the available evidence does not support further criminal prosecutions of FBI officials arising from the August 1992 incidents, at Ruby Ridge, Idaho, and their aftermath. In October 1996, E. Michael Kahoe, Chief of the FBI's Violent Crimes and Major Offenders Section, was charged with, and later pleaded guilty to, obstruction of justice charges relating to his destruction of an FBI "After Action Critique" on the Ruby Ridge matter. He is scheduled for sentencing on September 11. The Department's Justice Management Division will propose what, if any, disciplinary sanctions should be imposed on any other individuals. Their recommendation will follow a review by the Justice Department's Office of Professional Responsibility (OPR), which has been furnished with the investigation's findings. The criminal investigation examined events both during and after the crisis to determine whether there was evidence sufficient to support the criminal prosecution of any federal law enforcement officers. A recommendation against criminal prosecution was made after an investigation by the United States Attorney's Office for the District of Columbia, led by Michael R. Stiles, the United States Attorney for the Eastern District of Pennsylvania. The recommendation was approved by the Attorney General. While the prosecutors conducted a thorough, nationwide investigation, the evidence was insufficient to warrant a criminal prosecution. Scope of the Criminal Investigation The investigative team used a variety of techniques to collect all available evidence in this matter. They gathered large amounts of documentary material that had never come to light during prior internal inquiries into the events at Ruby Ridge. FBI offices were searched, and more than half a million pages of documents were obtained and analyzed. Previously unreviewed files containing the bulk of FBI Headquarters records relating to the crisis, including files from the FBI's Strategic Information and Operations Center (SIOC) and the Violent Crimes and Major Offenders Section. Investigators also conducted more than 600 interviews involving 378 witnesses. Many of the witnesses hold key positions, particularly in FBI Headquarters and the SIOC, and had never been questioned in any detail about the matter before. The investigation was also conducted in connection with a federal grand jury. In addition, toll records relating to 226,960 telephone calls were examined, 143 exhibits were submitted to the FBI Laboratory, and another 97 were sent to the Postal Inspection Service Laboratory for examination. Two hundred eighty-nine computer hard drives and 351 disks from the FBI were also examined for pertinent material. Investigators also thoroughly reviewed the investigative work product and conclusions of the six prior investigations and inquiries into the 1992 Ruby Ridge matter. That record included more than 500 witness interviews, sworn statements and transcribed testimony. The Ruby Ridge criminal investigative team consisted of experienced federal prosecutors from Philadelphia and Washington, D.C.; Federal Bureau of Investigation Special Agents, including agents with experience in the FBI's Inspection Division, Independent Counsel investigations and Office of Professional Responsibility matters; and United States Postal Inspectors versed in complex white collar cases. The Incidents at Ruby Ridge On August 21, 1992, Deputy United States Marshal William Degan and Samuel Weaver were killed at Ruby Ridge, Idaho, during a confrontation between the Marshals Service and Randall Weaver, Samuel Weaver, and Kevin Harris. The following day, a member of the FBI Hostage Rescue Team, Lon Horiuchi, fired two shots. The first shot struck and wounded Randall Weaver. The second shot struck both Vicki Weaver and Harris, killing Vicki Weaver instantly and wounding Harris. A stand-off between law enforcement and the occupants of the Weaver family cabin ultimately resulted in the surrender of Randall Weaver and Kevin Harris to the FBI. Initial Inquiries and Discipline In July of 1993, a task force was formed by former Deputy Attorney General Phillip Heymann to investigate allegations concerning the conduct of federal law enforcement at Ruby Ridge. The investigation, supervised by Justice Department attorney Barbara Berman and FBI Inspector Robert E. Walsh, was conducted from July 1993 to June 10, 1994. The FBI issued a report on January 19, 1994, and the Justice Department attorneys issued their report on June 10, 1994. On July 13, 1994, the former Deputy Attorney General referred the Justice Department's report to the Justice Department's Civil Rights Division for a determination of whether a criminal civil rights prosecution was warranted. After reviewing the evidence gathered by the Task Force, the Civil Rights Division declined prosecution, finding insufficient evidence of a willful violation of the Weavers' or Kevin Harris' civil rights. Following the conclusion of the Task Force investigation, the FBI conducted an administrative review of the findings of the Task Force. The purpose of the review was to determine what administrative action, if any, should be taken as a result of the Task Force's findings. The review, led by FBI Inspector Charles Mathews, III, was conducted between October 1994 and January 1995. A final administrative report was issued on January 27, 1995. As a result of the Mathews review, the FBI disciplined 12 employees on January 5, 1995. This included letters of censure for then-FBI Deputy Director Potts and Danny Coulson (former Deputy Assistant Director of the FBI's Criminal Investigation Division) and more severe discipline for others--including Eugene Glenn, Special Agent-In-Charge, Salt Lake City, Utah, who was the highest ranking FBI official at the scene. The Potts and Coulson letters of censure were based on claimed failures in management, but also commented that: "neither Potts nor Coulson nor any other FBI Headquarters official approved or were aware of the improper ("can and should") Rules of Engagement." On the other hand, Glenn's letter of disciplinary action stated that: "As on-scene commander you approved Rules of Engagement ... [that] could reasonably have been interpreted to direct law enforcement officers to act contrary to FBI policy and law." Those rules of engagement, which were employed at Ruby Ridge, provided that: a) if any adult male is observed with a weapon prior to the [surrender] announcement, deadly force can and should be employed, if the shot can be taken without endangering any children. b) If any adult in the compound is observed with a weapon after the surrender announcement is made, and is not attempting to surrender, deadly force can and should be employed to neutralize the individual. c) If compromised by any animal (dog), that animal should be eliminated. d) Any subjects other than Randall Weaver, Vicky [sic] Weaver, Kevin Harris, presenting threats of death or grievous bodily harm, the FBI rules of deadly force are in effect. Deadly force can be utilized to prevent the death or grievous bodily injury to one's self [sic] or that of another. Following the FBI disciplinary action, SAC Glenn wrote a letter to OPR Counsel Michael Shaheen on May 3, 1995. Glenn alleged that the administrative review was designed to cover up the responsibility of higher level FBI officials for the events at Ruby Ridge. Specifically, Glenn wrote that Potts told him during the crisis that he had approved the Rules of Engagement, and Coulson at one point reminded him to act in conformity with the Rules of Engagement. Glenn, therefore, claimed that FBI Headquarters had approved the Rules of Engagement. In May 1995, the Justice Department's OPR began an investigation of Glenn's allegations. As a result of the Justice Department's OPR investigation, on July 11, 1995, Kahoe was placed on administrative leave with pay by the FBI. On August 11, 1995, Potts, Coulson, Evans and Anthony A. Betz, former FBI Domestic Terrorism Chief, were also placed on administrative leave with pay. Mandate of the Criminal Investigation Based on information uncovered in the course of the OPR investigation begun in April 1995, a criminal referral was made to the U.S. Attorney's Office for the District of Columbia, resulting in an investigation by a criminal investigative team assembled just for this matter. Eric Holder, then United States Attorney for the District of Columbia, recused himself from this matter. The Attorney General appointed Michael R. Stiles, United States Attorney for the Eastern District of Pennsylvania, to supervise the investigation. As noted previously, the Ruby Ridge criminal investigative team was asked to examine events both during and after the crisis to determine whether there was evidence to support the criminal prosecution of any federal law enforcement officers. This included the issue posed by the referral from OPR, whether Potts and Coulson had falsely denied knowledge or approval of the "can and should" Rules of Engagement used at Ruby Ridge. It also included a determination of whether there was any evidence not uncovered during the Task Force review that would change the prior conclusion of the Justice Department's Civil Rights Division declining a civil rights prosecution for the shootings of Vicki and Randall Weaver and Kevin Harris on August 22, 1992. Finally, the investigative team was asked to explore the conduct of the Deputy United States Marshals in the firefight that led to the deaths of Deputy Marshal William Degan and Samuel Weaver on August 21, 1992. In sum, the investigation was asked to search for any and all evidence of possible criminality by federal law enforcement, and to follow that evidence wherever it might lead. Conclusions -- Coverup Allegations As a result of the investigation, the investigative team submitted detailed reports recommending against prosecution of federal law enforcement personnel, other than E. Michael Kahoe. Concerning the agents placed on administrative leave with pay prior to this investigation, it was determined that Anthony Betz was not criminally implicated in this matter and thereafter returned to work in June of 1996. Michael Kahoe resigned in December of 1996 following his guilty plea to obstruction of justice and is awaiting sentencing. The conclusions with respect to other agents on administrative leave are as follows: * With regard to Larry Potts and Danny Coulson, it was determined that there was insufficient evidence against either to obtain or sustain a conviction on charges that they had falsely denied knowing of or approving the "can and should" rules of engagement, or had otherwise destroyed or falsely created records to cover up such culpability. A successful prosecution of Potts or Coulson would have necessitated proof beyond a reasonable doubt that they knew of or approved the specific word "should" in the Rules of Engagement. Despite intensive efforts, the investigation did not uncover that proof. There was also insufficient evidence to prove other criminal violations by Potts or Coulson relating to either the shooting or its aftermath. * With regard to FBI Special Agent Gale R. Evans, it was determined and also publicly acknowledged by his supervisor, E. Michael Kahoe, during Kahoe's guilty plea, that, at Kahoe's direction, Evans destroyed copies of the FBI Ruby Ridge After-Action Critique, as well as his computer disk containing the critique. The Investigative Team recommended against prosecution on the basis of Evans' significant cooperation, without any promises, from the outset of this investigation; the nature of his subordinate role in the criminal conduct; and the availability of administrative sanctions. * With regard to FBI Special Agent George Michael Baird, the investigative team determined that Agent Baird's actions did not amount to a criminal violation. The cover-up phase of the investigation also explored the conduct of FBI Headquarters officials generally as they responded to the various inquiries and litigation that followed the Ruby Ridge crisis. This included the examination of whether any other FBI Headquarters officials lied in their denials of knowing about or approving the Rules of Engagement issued at Ruby Ridge. No evidence was uncovered which would warrant criminal prosecution of other FBI Headquarters officials. Although the investigation concluded no further criminal prosecution was warranted, OPR is reviewing what, if any, misconduct occurred that might warrant administrative sanctions, up to and including termination of employment. Conclusions -- Civil Rights Allegations As noted above, the investigative team was also instructed to review the question of whether there was sufficient evidence to prosecute any federal law enforcement officer for civil rights offenses occurring at Ruby Ridge. In October of 1994, after a review of the earlier Justice Department's Ruby Ridge Task Force Report, the criminal section of the Civil Rights Division concluded that there was not. After substantial further investigation, the Ruby Ridge criminal investigative team reached the same conclusion: there is not sufficient evidence to obtain or sustain a conviction for violation of the federal civil rights statutes for the shooting of Vicki Weaver, Randall Weaver, or Kevin Harris on August 22, 1992. In essence, the critical element of willfulness necessary for a civil rights violation cannot be established beyond a reasonable doubt. Such willfulness, or knowing, intentional use of unreasonable force cannot be made out against FBI Agent Lon Horiuchi, who fired the shots which struck Randall Weaver, Vicki Weaver, and Kevin Harris, since those shots were within the guidelines set forth by his superiors in the controversial rules of engagement. There was also no evidence from which it could be concluded beyond a reasonable doubt that Horiuchi actually saw Vicki Weaver at the time he fired the shot that killed her. Moreover, it was concluded that such willfulness could not be established against the on-site supervisors responsible for drafting and implementing the rules of engagement and other tactics at Ruby Ridge. In summary, the little circumstantial evidence from which it could be argued that there may have been an intent to use more force than was necessary was far outweighed by a significant amount of evidence that law enforcement had no such intention here. Instead, there was substantial evidence that FBI law enforcement efforts were undertaken by on-site supervisors with the actual, although not completely accurate, belief that Randall Weaver and Kevin Harris posed a severe threat to law enforcement officers requiring the use of deadly force. Such a conclusion does not amount to a finding that the rules of engagement or other tactics employed at Ruby Ridge were appropriate or even constitutional. Instead it is based on the determination that there is insufficient evidence to prove that excessive, unlawful force was knowingly and intentionally employed by FBI personnel in their response to the situation they confronted at Ruby Ridge. Thus it mandates against a federal criminal prosecution for civil rights violations by law enforcement personnel at Ruby Ridge. Finally, it was also determined that there was no basis to support a federal civil rights prosecution or other prosecution of United States Marshals Service personnel for the initial August 21, 1992, confrontation which resulted in the deaths of Samuel Weaver and United States Deputy Marshal William F. Degan. Although it could not be conclusively determined whether the first shot in this confrontation was fired by U.S. Marshals Service personnel at the Weavers' dog or by Kevin Harris at the Marshals, under either scenario there is no basis for a prosecution of United States Marshals for their conduct relating to Ruby Ridge. Administrative Sanctions This decision means that FBI personnel, including Larry Potts, former Assistant Director of the Criminal Investigation Division and Deputy Director of the FBI; Danny Coulson, former Deputy Assistant Director of the FBI's Criminal Investigation Division; Michael Baird, Supervisory Special Agent; and Gale Evans, former Unit Chief of the Violent Crimes Unit of the Criminal Investigation Division, will not face federal criminal prosecution for any matters arising out of the Ruby Ridge incident. This decision does not preclude the imposition of disciplinary sanctions against these individuals or other FBI officials. Accordingly, the investigation's findings have been furnished to OPR for its review and additional investigation, if necessary. If appropriate, OPR will recommend to the Justice Department any disciplinary sanctions, up to and including termination of employment. The FBI will not be the decision- maker regarding any disciplinary sanctions. # # # 97-337
