MARCH 25, 1997



A. Immediate Effects of the Explosion.

On April 19, 1995, at approximately 9:02 a.m. a "massive explosive"
detonated outside the Alfred P. Murrah Federal Building in Oklahoma City,
Oklahoma. The shockwave of the explosion blew into and through the Murrah
Building and scores of other buildings in the downtown Oklahoma City area,
including the United States Courthouse located just one block away. D.E. 222
at 1. Alerted by the concussion of the blast, crowds of persons appeared
from the areas surrounding the blast site and immediately began to tend to
the injured, most cut by flying debris and still in uncomprehending shock at
what had happened. Persons present near the explosion began to comprehend
the scale of  destruction that had occurred when they looked at the gaping
ruins that moments before had been a federal office building--but which in a
matter of seconds had been turned into a grave site for 168 federal workers
with scores still trapped and injured in the collapsed, still smoking building.

When the explosion occurred, the United States Courthouse trembled one block
away as if caught in an earthquake. Over one hundred 36" by 54" windows
shattered and flew into the Courthouse. Id. Inside, heavy courtroom doors
were jammed, courtrooms were flooded with broken glass, judges' chambers
were turned into piles of plaster, fallen ceiling tiles, and broken glass.
Shards of glass peppered and scarred desks, courtroom furniture, and walls.

Inside the Courthouse and the remaining structure of the Alfred P. Murrah
Building, there was pandemonium. People ran screaming from courtrooms,
judges' chambers, and offices. The halls quickly became jammed with
panic-stricken people and a stifling mixture of dust and acrid smoke. The
Courthouse exits were destroyed, making evacuation excruciatingly slow for
everyone. No one had any idea what had befallen them or those far less
fortunate in the Murrah Building. Terror and shock permeated the Federal
Courthouse, the trapped survivors of the Murrah Building, and the occupants
of surrounding buildings. See D.E. 222 at 6. The destruction of the Murrah
Building, and the subsequent investigation by federal and state law
enforcement, is simply unparalleled in American history. The resulting
criminal prosecution of Timothy James McVeigh and Terry Lynn Nichols has
resulted in an Indictment which accuses these two Defendants of
participating in a crime which encompasses the intentional homicides of 168
people, inflicting injuries upon 503 others, damaging 320 structures in the
area surrounding the Murrah Building, and being responsible for
approximately $651 million dollars in recovery costs. D.E. 215 at 16.

This is a federal criminal case in which the able 53-year-old Republican
Governor of Oklahoma, Frank Keating, stated that the bombing in Oklahoma
City was unlike anything he had ever seen as an FBI Agent, U.S. Attorney, or
law enforcement official in the Reagan and Bush Administrations. This is a
case in which Kevin McNally, Federal Death Penalty Resource counsel, stated
in a sworn affidavit that, to his knowledge, is the largest murder case in
American history. Id.

This is a case which immediately captured the personal attention of the
President of the United States, resulting in a trip to Oklahoma City by
President Clinton to address survivors of the bombing and the nation. This
is a case in which a Federal Grand Jury met and a preliminary hearing was
held on an Air Force Base amidst the chirping of a family of birds because
the bombing had significantly destroyed the Federal Courthouse in Oklahoma
City. See United States v. McVeigh, No. M-95-98-H, Transcript of Preliminary
Hearing had on April 27, 1995 at 3. The magistrate presiding over the
preliminary hearing noted with judicial understatement that this case
presented "unusual circumstances." Id. at 4. Susan Otto, the Federal Public
Defender for the Western District of Oklahoma, in support of a Motion to
Transfer, stated that she had not found a case in the history of this
country that was of such magnitude. Id. at 10. This is now a capital case
involving multiple investigation sites including Oklahoma, Kansas, Michigan,
Arizona, New York, Florida, as well as others worldwide.

This is a case in which Judge Russell, in granting the government more time
to issue an Indictment, observed that the facts upon which the Grand Jury
must ultimately base its determination are "highly unusual" and "complex";
that the April 19, 1995, bombing of the Murrah Building was an act of
unprecedented terrorism resulting in a massive criminal investigation; that
the criminal investigation has required the government to follow up more
than 100,000 phone calls, analyze thousands of business records, and
interview hundreds of witnesses and potential witnesses; and that there
exists a huge volume of evidentiary material subject to a myriad of chemical
and physical tests. See D.E. 107 (United States v. McVeigh, No. M-95-98-H,
Order filed June 12, 1995 at 5).

Three of the most rarely granted defense requests in criminal litigation
were granted in this case because of its unique nature. This Court, in
considering a Petiton [sic] for Writ of Mandamus, removed the then-presidng
[sic] Judge assigned to this case in the initial stages. See Nichols v.
Alley, 71 F. 3d 347 (10th Cir. 1995). As a result of this Court's decision,
the Chief Judge of this Circuit assigned Chief Judge Richard P. Matsch to
preside over this litigation. See D.E. 711. After giving careful
consideration to the facts of this case, Chief Judge Matsch changed the
venue of the prosecution to Denver, Colorado (918 F. Supp. 1467 (D. Colo.
1996)), and subsequently granted the defendants' motions for a severance
(169 F.R.D. 362 (D. Colo. 1996)). See D.E. 984; 2376. Timothy McVeigh will
be tried beginning March 31, 1997. D.E. 3429

B. The Response of the Federal Government.

The prosecution in this case has at its disposal the resources of every
federal, state, and local agency in the United States to interrogate,
arrest, prosecute and convict those the Grand Jury charges with the bombing
of the Alfred P. Murrah Building. The President of the United States pledged
to send "the world's finest investigators to solve these murders." See D.E.
1079 at 10. Within hours of the President's statement, the Attorney General
of the United States emphatically stated that "[t]he FBI and the law
enforcement community will pursue every lead and use every possible resource
to bring these people responsible to justice." Id. Innumerable federal
agencies have participated in the investigation of this case. The day after
the bombing the New York Times reported as follows: 

     From offices and bases around the country, government 
     aircraft carried to Oklahoma City an array of federal 
     law enforcement officials, emergency management personnel
     and military forces, an operation that constituted one 
     of the vastest[sic] responses to a crime in American 

     A 24 hour FBI command center with 400 telephones was 
     established in Oklahoma to coordinate the work of 
     explosives teams, bomb technicians and portable scientific
     gear used to analyze chemical residues. 

D.E. 1079 at 10-11.

According to a May 31, 1995, "Nightline" broadcast interview of former FBI
Assistant Director Buck Revell, ". . . when you have an event of [the
Oklahoma City bombing's] magnitude, you have to cast a very broad net." D.E.
1079 at 11. The President of the United States "dispatched a small army of
federal investigators to Oklahoma and pledged a relentless hunt for the
killers." Id.

1. The Government's Immediate Response to the Bombing. 

a. Mobilization.

The government began its search for suspects within minutes after the
gravity of the Oklahoma City bombing became apparent. The White House
Situation Room, the Federal Bureau of Investigation's (FBI) Command Center,
the Central Intelligence Agency's (CIA) Watch Office, and other agencies'
nerve centers undoubtedly monitored media reporting of the bombing and
established communications with personnel located at or near the scene in
Oklahoma City. D.E. 1079 at 2. Government agencies throughout the United
States were alerted to the potential for similar attacks. 

At the White House, a "crisis team" was convened in order to coordinate the
intensive investigation. Id. at 13. This team, under the direction of the
Justice Department, consisted of personnel from the Bureau of Alcohol,
Tobacco and Firearms, the Federal Bureau of Investigation, the Secret
Service, the Central Intelligence Agency, the National Security Agency, and
members of the National Security Council. According to media reports, this
crisis team was formed in the wake of the blast and met on Wednesday, April
19, 1995, via teleconference in Washington and convened again on Thursday
morning at the White House. Id. 

CIA spokesman David Christian has verified to the media that the agency was
involved in the Murrah bombing investigation. Id In addition, the
investigative machinery of U.S. military intelligence agencies has been
utilized in this criminal case. One media source reported that "the nation's
intelligence community, the CIA and defense intelligence officials, also
will contribute information, and send their own agents overseas to work
digging up leads, according to the law enforcement experts." Id. 

Civilian and military intelligence agencies were placed on the highest alert
here in the United States and similar warnings of impending attacks were
forwarded to United States installations overseas. For example, The CIA's
Directorate of Operations (DO) transmitted to stations and bases worldwide a
high precedence cable instructing agency officers to query sources for
information about the attack. The FBI's Counterterrorism Center issued a
directive to all CIA stations to search their international sources for
possible leads among foreign terrorist groups. Id. at 14. 

Officers in the CIA Directorate's six overseas divisions immediately began
arranging meetings and conducting debriefing sessions. The domestic arm of
the DO - the National Resources (NR) Division - also began combing contacts
for leads concerning the bombing. (NR Division's procedures for obtaining
information are described in United States v. Reward, 889 F. 2d 836 (9th
Cir. 1989), although NR is described therein as the Domestic Collection (DC)

The CIA's sources include individuals holding positions in governments,
military services, corporations, universities, political parties, and
terrorist groups. Id. The agency's officers utilized both unilateral assets
- those who are cooperating with the United States unbeknownst to their
superiors; and liaison relationships - formal contacts between the CIA and
foreign law enforcement, intelligence, and security agencies. Military
Intelligence and the CIA similarly obtain information through the use of
ostensibly private or commercial entities that are, in fact, intelligence
platforms. Through liaison relationships, the government is also able to
avail itself of the multitude of sources operated by foreign governments.
See infra for description of assistance from Israel.

b. Evidence From Public Sources of Government Use of Intelligence Networks
With Foreign Nations in the Investigation of the Alfred P. Murrah Building

In its annual report, the State Department's Office of the Coordinator for
Counterterrorism reports that the Clinton Administration is "deeply engaged
in cooperation with other governments in an international effort to combat
terrorism[.]" D.E. 1079 at 15. Such cooperation includes an "active network
of cooperative relations with counterparts in scores of friendly countries"
involving United States intelligence and law enforcement agencies. Id. The
State Department's Office of the Coordinator for Counterterrorism conducts
consultations on counterterrorism with many other governments including G-7
nations and the European Union. Additionally, there are now 11 treaties
and conventions that commit signatories to combat various terrorist crimes. Id.

United States government agencies, including the CIA and FBI, maintain
liaison relationships with many countries. The Supreme Court has recognized
the existence of these relationships, as well as the United States
government's receipt of information through such contacts. See Snepp v.
United States, 444 U. S. 507, 512 (1980) (''[T]he CIA obtains information
from the intelligence agencies of unfriendly nations and from agents
operating in foreign countries"). The United States derives substantial
information from these associations. These liaison relations would have
provided numerous reports concerning the Oklahoma City bombing, possible
motives for the bombing, and possible suspects other than Timothy McVeigh.

In an interview on CNN on April 20, 1995, White House Chief of Staff Leon
Panetta confirmed that the Justice Department was reviewing all of the
intelligence network data in order to determine whether there are any leads.
D.E. 1079 at 15. Mr. Panetta stated that the investigation into the bombing
clearly involves looking at communications, both within the United States
and outside the United States. Id. Also, CNN's State Department
correspondent Steve Hurst stated that there was bound to be a volume of
cable traffic coming into the State Department and into the CIA from
stations abroad concerning information about the bombing. Presumably, Mr.
Hurst is proficient and knowledgeable in the operations of the State
Department, and his observations are supported by other media accounts
establishing an FBI directive to CIA stations to search its international
sources for possible leads among foreign terrorist groups. Id. at 16.

c. CIA and NSA Investigation Protocol.

In the immediate aftermath of the bombing, the CIA searched its databases
for candidates who might have the means and motive to perpetrate the
bombing. The databases were also used to verity the bona fides of sources
providing leads. The CIA's stations and bases submitted numerous "name
traces" on individuals as a result of the bombing investigation. These
traces were requests for information on individuals, including those
suspected of having knowledge of the bombing. Technical assets, such as
global, regional, and local communication intercepts and reconnaissance
satellites, were also used to obtain or verify information about the
Oklahoma City bombing.[5] 


[5] On May 10, 1995, the government, as part of its investigation of the
bombing of the Alfred P. Murrah Building, enlisted the aid of the 1st
Infantry Division at Fort Riley, Kansas, in obtaining Global Positioning
System (GPS) readings for twenty (20) geographical sites. These readings
were taken by the "Magellan GPS Nav 1000." The readings were taken "for
possible satellite photograph requests[.]" D.E. 1079 at 16 n.7 (Exhibit "D"). 

The CIA's Counterterrorism Center was the focal point for all reports. The
information gathered was then sent to government analysts and other official
consumers, including the Justice Department. Id. at 16-17.

Also in response to the attack the National Security Agency (NSA) promptly
supplemented their existing "watch list" for domestic terrorist threats with
specific terms related to the Oklahoma City bombing, potential suspects and
suspect organizations. Id. at 17. A watch list enables NSA listening posts
to key on specific words spoken in their global net of intercepted oral
communications. The National Reconnaissance Office (NRO) was also requested
to assist in the investigation of the bombing by providing satellite
photography. Id.

The NSA's sole reason for being is to intercept electronic messages
worldwide and analyze these interceptions for useful intelligence and
national security information. As reported by the Senate Select Committee to
Study Government Operations with Respect to Intelligence Activities:

[Tlhe National Security Agency was created by Executive Order in 1952 to
conduct 'signals intelligence' including the interception and analysis of
messages transmitted by electronic means, such as telephone calls and
telegrams. D.E. 1079 at 17. 

Lewis Allen, a General in the United States Air Force and then-Director of
the National Security Agency, testified before the Committee that the
"mission of the NSA was directed to foreign intelligence obtained from
foreign electrical communications[.]" Id. 

But in delineating the scope of the NSA's mission, the Committee pointed out
that the NSA has interpreted "foreign communications" to include
communication where one terminal is outside the United States. Under this
interpretation, the NSA has for many years intercepted communications
between the United States and a foreign country, even though the sender or
receiver was American. Thus, the full range of the NSA's sphere of
interceptions is virtually unlimited and unchecked. Id. at 17-18.

Yet, the NSA is allowed specifically by Executive Order to assist domestic
law enforcement authorities and to participate in law enforcement activities
to investigate or prevent clandestine intelligence activities by foreign
powers, or international terrorists or narcotics activities. Id. at 18
(Executive Order 12333). With respect to methods of interception utilized by
the NSA, a Senate Select Committee has reported the following:

     The use of lists of words, including individual names, 
     subjects, locations, etc., has long been one of the 
     methods used to sort out information of foreign 
     intelligence value from that which is not of interest. 
     In the past, such lists have been referred to 
     occasionally as watch lists, because the lists 
     were used as an aid to watch for foreign activity 
     of reportable intelligence interest. However, these 
     lists generally did not contain names of U.S. citizens 
     or organizations. The activity in question is one in 
     which U.S. names were used systematically as a basis 
     for selecting messages, including some between U.S.
     citizens, when one of the communicants was at a 
     foreign location.

D.E. 1079 at 18.

The system and the procedure for selection and interception has been
described in the Select Committee report on the handling of the "watch lists":

     The information produced by the watch list activity 
     was, with one exception, entirely a byproduct of our 
     foreign intelligence mission. All collection was 
     conducted against international communications with 
     at least one terminal in a foreign country, and for
     purposes unrelated to the watch list activity. That 
     is, the communications were obtained, for example, 
     by monitoring communications to and from Hanoi.

     The watch list activity specifically consisted of 
     scanning international communications already 
     intercepted for other purposes to derive information 
     which met watch list requirements. This scanning 
     was accomplished by using the entries provided to NSA
     as selection criteria. Once selected, the messages 
     were analyzed to determine if the information met 
     those requesting agencies' requirements associated 
     with the watch lists. If the message met the 
     requirements, the information therein was reported 
     to the requested agency in writing.

D.E. 1079 at 18-19.

Significantly, the NSA's interception of international communications
sometimes includes, either incidently [sic] or accidently [sic],
communications between two American citizens if one of them happens to be
abroad. Id. at 19.

Thus, within hours of the bombing of the Murrah Building, the NSA's
supplemented watch lists would have enabled the agency to pluck a huge
amount of data from its incredible volume of global electronic
interceptions. The result, within this agency alone, would have been a
massive amount of relevant information concerning the bombing, none of which
has been given to the defense in this case.

Procedures similar to the CIA's, NSA's, and NRO's for gathering information
on the bombing were employed by foreign and domestic personnel of the
Department of Justice and its enforcement agencies (the FBI, the Drug
Enforcement Administration (DEA), the Immigration and Naturalization Service
(INS), and the U.S. Marshals); the Department of State's Bureau of
Diplomatic Security (DS); the CIA's Office of Security (OS); the Department
of the Treasury's Bureau of Alcohol, Tobacco and Firearms (BATF, Customs
Service (USCS)), Internal Revenue Service (IRS), and Secret Service (USSS);
the Postal Service's Postal Inspectors; The Department of Defense's Armed
Services, Defense Intelligence Agency (DIA), Naval Criminal Investigative
Service, and the Defense Investigative Service, the General Services
Administration's Federal Protective Service; the Department of
Transportation's Coast Guard; and the Federal Aviation Administration (FAA).
Other agencies, bureaus, and departments participated in the gathering of
information as well. Personnel at all levels, suspecting the bombing to be a
large scale terrorist attack resulting in numerous deaths, immediately
mobilized all resources at the government's disposal. The result was a
mammoth investigation without political or geographic limits. Id. at 19-20.

2. Evidence of the International Scope of the Investigation and the
Involvement of Organs of State Intelligence in Several U.S. Domestic Bombing
Cases Including the Alfred P. Murrah Building. 

The criminal investigation of this case included the use of the civilian and
military branches of government; law enforcement, intelligence, and security
agencies; foreign and domestic personnel and technical resources; and
similar assets of other nations. The international scope of the
investigation of this case is underscored by comments made by the Attorney
General at an April 20, 1995, press conference:

     [Reporter]: The government of Israel has offered its 
     help, because it has a vast experience with this sort 
     of thing. Do you know if we are accepting that help?

     [Attorney General Reno]: We will, of course, rely 
     on any additional resource that can possibly be 
     involved and be utilized appropriately in bringing 
     these people to justice. 

D.E. 1079 at 20.

In a 1981 Executive Order, President Reagan authorized agencies within the
intelligence community to "participate in law enforcement activities to
investigate or prevent clandestine intelligence activities by foreign powers
or international terrorist or narcotics activities[.]" Id. at 21 (Executive
Order 12333, December 4, 1981). The intelligence community is also
authorized to provide specialized equipment, technical knowledge or
assistance of expert personnel for use by any department or agency or, when
lives are in danger, to support local enforcement agencies. Thus, the Chief
Executive of this country has authorized specifically the use of instruments
of state intelligence to aid law enforcement agencies in investigating
terrorist attacks.

The United States Department of State has acknowledged the federal
government's use of intelligence organizations in response to terrorism: "A
central element in the effective international effort to prevent and/or to
bring about to justice those responsible for such attacks is the effective
exchange of intelligence. The United States intelligence community is
cooperating closely and effectively with other services as part of the
international effort to identify those responsible[.]" Id. D.E. 1079 at 21.
In fact, a report issued from the State Department's Office of the
Coordinator for Counterterrorism states:

     Because terrorism is a global problem, the Clinton 
     administration is deeply engaged in cooperation with other
     governments in an international effort to combat 
     terrorism: U.S. intelligence and law enforcement 
     agencies have an active network of cooperative relations 
     with counterparts in scores of friendly countries. 

D.E. 1079 at 21-22.

Such cooperative efforts have been further chronicled in the mainstream
press: "In the bombing of the World Trade Center, in February 1993, the FBI,
CIA and other agencies scoured the globe for leads and found many," Brian
Duffy, et al., Extremism In America, U.S. New and World Report, May 8, 1995
at 30, and in the May 7, 1995, San Diego Union tribune article regarding the
investigation into the car-bombing of a United States Navy captain - "[T]he
CIA, the National Security Administration [sic], the Bureau of Alcohol,
Tobacco and Firearms, the Naval Criminal Investigative Service and local
law-enforcement agencies were involved." See D.E. 1079 at 22.

As previously noted, after the bombing the initial "crisis team" assembled
in the White House Situation Room consisted of personnel from the BATF, the
FBI, the Secret Service, the National Security Agency, the Central
Intelligence Agency, and members of the National Security Council. Id. at
22. Military officials from the defense intelligence agencies have
participated in this investigation as well. Finally, the White House Chief
of Staff, Leon Panetta, confirmed that the Justice Department conducted a
review of data gathered from intelligence networks, including communications
from both within the United States and outside the United States. Id.

Thus, from its very inception, the investigation launched by the federal
government in this case has utilized the resources of the FBI and other
domestic law enforcement agencies in tandem with the intelligence gathering
entities of the federal government with the imprimatur of an executive order
allowing such a symbiotic relationship. In the first 48 hours after the
bombing, the domestic law enforcement and intelligence agencies of the
federal government were mobilized and directed toward foreign terrorists
(concentrating on those from the Middle East) with no limit on available
manpower, assets, technology, and without regard to geographical borders. 

3. The Investigative Focus Upon Foreign Terrorists.

News reports conclusively establish that the FBI's early analysis and the
judgment of other counterterrorism experts pointed towards foreign
responsibility for the Oklahoma City bombing. See D.E. 1079 at 23. CBS News
reported shortly after the bombing that the FBI had received claims of
responsibility for the attack from at least eight organizations. Seven of
the claimants were thought to have Middle Eastern connections. D.E. 1079 at
23. Steven Emerson, an expert on Islamic Jihad said: "There is no smoking
gun. But the modus operandi and circumstantial evidence leads in the
direction of Islamic Terrorism." The government received calls from six
people saying that they were from different Muslim sects and asserting that
they were responsible for the bombing. Id. at 23-24.

On April 20, 1995, the New York Times reported that federal authorities
opened an intensive hunt for the perpetrators of the bombing and "proceeded
on the theory that the bombing was a terrorist attack against the
government, law enforcement officials said." Id. at 24. The immediate
speculation according to some experts, focused on the possibility that the
attack had been the work of Islamic militants, similar to those responsible
for the World Trade Center bombing in February of 1993. D.E. 1079 at 24.

John Magaw, director of the Bureau of Alcohol, Tobacco and Firearms, when
asked whether his agency suspected terrorists, told CNN: "I think any time
you have this kind of damage, this kind of explosion, you have to look there
first." The FBI even went so far as to approach the Department of Defense
about including Pentagon Arabic speakers in the investigative team. Former
FBI Assistant Director in Charge of Investigation and Counterterrorism
Expert Oliver "Buck" Revell, was quoted as saying, "I think what we've got
is a bona fide terrorist attack." Mr. Revell went on to state, "I think it's
most likely a Middle East terrorist. I think the modus operandi is similar.
They have used this approach." D.E. 1079 at 24.

FBI officials in Washington, speaking anonymously, suggested strongly the
investigations were focusing on Middle East terrorists . . . among the leads
being investigated was a television report of three males of Middle East
origin who rented a brown Chevrolet pickup at the Dallas-Fort Worth
International Airport. Witnesses have reported seeing three men driving away
from the blast area in a similar pickup. D.E. 1079 at 25.

An FBI communique that was circulated Wednesday suggested that the attack
was carried out by the Islamic Jihad, an Iranian-backed Islamic militant
group. The communique suggested the attack was made in retaliation for the
prosecution of Muslim fundamentalists in the bombing of the World Trade
Center in February, 1993, said the source, a non-government security
professional. "We are currently inclined to suspect the Islamic Jihad as the
likely group," the FBI notice said. See D.E. 1079 at 25. 

The FBI's suspicion of an Islamic Jihad connection would have been further
reinforced by a sobering fact: Oklahoma City is probably considered one of
the largest centers of Islamic radical activity outside the Middle East. Id.
at 26. The extensive loss of life and the targeting of a federal facility
motivated law enforcement, the military, and U.S. intelligence agencies to
engage in the full range of overt and covert resources located throughout
the world. Their mission was two-fold: stop other possible attacks, and
identify the individuals and groups responsible for the Murrah Building bombing.

The government's far-reaching efforts in pursuit of Middle Eastern suspects
in this case have become part of the public record. An affidavit of FBI
Special Agent Henry C. Gibbons, filed in United States v. Abraham Abdallah
Ahmed, No. M-95-94-H, W.D. Okla., April 20, 1995, strongly suggests
intelligence assets are being used in the bombing investigation. See D.E.
1079 (Exhibit "E"). Gibbons' affidavit explains how a Jordanian American
suspect's luggage was searched in Italy, and how the suspect was detained by
British authorities and then forcibly returned to the United States. Id.

That a suspect of Middle Eastern origin was promptly apprehended confirmed
the widely-held suspicion that a foreign terrorist group would be implicated
in the bombing. According to the New York Times, Abraham Ahmed as "caught in
the dragnet that spread around the world after the bombing." The newspaper
went on to state:

     In his case, he was first singled out for attention 
     in accordance with a general profile of possible 
     suspects, including young men traveling alone to 
     destinations like the Middle East. The profile was 
     issued by the FBI to police agencies and airport 
     authorities throughout the world.

     Mr. Ahmed lives in Oklahoma. He checked into O'Hare 
     International Airport in Chicago on Wednesday night for 
     a flight to Rome, with connections for a flight to 
     Amman, Jordan. In addition to fitting the suspect 
     profile, he was dressed in a jogging suit similar to 
     one that a witness in Oklahoma City had reported 
     seeing worn by a man at the scene of the explosion. 

D.E.1079 at 27. The initial focus on foreign terrorist connections
undeniably placed the intelligence community at the forefront of the
investigatory efforts, since United States intelligence assets exist solely
to protect against such foreign threats.

Nor is the government's focus limited to the Middle East. The Sunday Times
in London reported on February 4, 1996, that senior FBI sources have
confirmed that the Bureau was "also pursuing inquiries into a possible
neo-Nazi link between the Oklahoma City bombers and British and German
extremists." D.E. 1079 at 27. Because of Defendant Terry Nichols' ties to
the Philippines, within days of the bombing U.S. and Philippine officials
began reconstructing his movements there.

An American Embassy legal attache interviewed Marife Nichols' father,
Eduardo Torres, and showed him sketches of the two original bombing
suspects. Id. at 27-28. Philippine intelligence agents briefly placed Mr.
Torres under surveillance to make sure he was not involved with terrorism.
Id. Clearly then, the tentacles of the federal government have reached out
worldwide in the investigation of the bombing of the Murrah building.

Compelled by the urgency of a grievous attack on the United States
government itself, resources ordinarily dedicated to military and
intelligence applications were brought to bear on a domestic criminal
investigation. By the government's commitment of such resources to a
criminal investigation, the Defendant becomes entitled to the product of
these resources, so that they may be as fairly and justly applied to his
defense as they are to his prosecution. 



MARCH 25, 1997