A. Suspect I. Posse Comitatus. and Iraq.

The defense believes that there is credible evidence that a conspiracy to bomb federal property, very possibly the Murrah Building, is centered in Elohim City and the persons described which are associated with Elohim City, but that the technical expertise and possibly financial support came from a foreign country, most likely Iraq, but possibly Iran or another state in the Middle East. Dennis Mahon has admitted publicly to received money from Iraq, approximately once a month. D.E. 2191 at 11. According to Mahon, the money started arriving in 1991 after he began holding rallies protesting the Persian Gulf War. Id.

Although the defense has no direct evidence linking Suspect I with Iraq, there is evidence indicating an indirect connection between Suspect I and Iraq through the militant Posse Comitatus group in Kansas. Suspect I made two telephone calls to members of Posse Comitatus in Kansas: David Oliphant and Buddy Snead (who also is married to a Filipina). Sources within the Central Intelligence Agency have informed a defense source that two members of the Posse Comitatus from Kansas traveled to New York City and made contact with an Iraqi diplomat either immediately before the Persian Gulf conflict with Iraq or immediately after. In addition, the defense has recent information that someone made a telephone call from Suspect II residence to a Member of the Order. D.E. 2482 at 22.

1. Posse Comitatus.

Posse Comitatus was originally formed by William Gale, who died in 1989 at the age of 71 after having been convicted and sentenced to serve one year for impersonating a federal law enforcement officer. D.E. 2482 at 22-23. Mr. Gale died before his incarceration, apparently of natural causes. Id. Gale, a retired Army colonel who led World War II guerrilla units in the Philippines for General MacArthur, founded Posse Comitatus in 1969 with Henry Beech. One of the principal leaders of Posse Comitatus is Jim Wickstrom. Gordon Kahl was an activist in the Posse Comitatus who killed two federal marshals in a shoot-out at his North Dakota farm and became a fugitive. Kahl and Wickstrom were close friends. Id.

Kenneth S. Stern, in his book, A Force Upon the Plains (Simon & Schuster, 1995), wrote this of the Posse Comitatus in Kansas:

But the Posse did more than pass out literature. Like many of today's militia groups, it practiced for war. One of the leaders of the Christian Identity (Elohim City is a branch of Christian Identity), the Reverend William Potter Gale, joined with James Wickstrom, leader of the Posse, to co-sponsor a string of "counter insurgency seminars" in the early 1980s. In Kansas, the Attorney General's Office reported that people were trained as "killer teams and hand-to-hand combat techniques, the administration of poisons, night combat patrol and murder by ambush." At least one bomb making seminar was also held. (Page 52) (Emphasis added.)

William Gale also authored a handbook on Guerilla warfare tactics for the Posse Comitatus and stated that, "Yes, we are going to cleanse our land. We're going to do it with a sword. And we're going to do it with violence." James Corcoran, Bitter Harvest at 31 (Viking 1990). See D.E. 2482 at 23. Three members of the Posse Comitatus met with the Iraqi Ambassador and one is a resident of Kansas, living at Pratt, within an hour to two hours' drive of Herington. James Wickstrom was in Kansas immediately before the bombing. Of the three Posse members that met with Ambassador Mohammed Mashat of Iraq, Ed Petruskie lives in Pratt, Kansas. Eugene Schroeder lives in Colorado and the address of Alvin Jenkins is not known to the defense.

B. Saudi Report Concerning Iraq.

An official in the Saudi Arabian Intelligence Service reported[17] on April 19, 1995, and possibly earlier, that Iraq had hired seven Pakistani mercenaries, all veterans of the Afghanistan War, to bomb targets in the United States, one of which was the Alfred P. Murrah Building. D.E. 2191 at 3 (Exhibit "A"). A former Chief of Counterterrorism Operations for the Central Intelligence Agency provided this information to the United States government and described his source as "responsible for developing intelligence to help prevent the Royal Family from becoming victims of a terrorist attack." Id.

Thus, this information is not only facially credible, it is highly credible. The Director of Saudi Arabian Intelligence is the King's own son. There is no reason for such a high ranking official in the Saudi Arabian intelligence community to pass on such information if it is not true (or if there no reasonable basis to believe it is not true). On the contrary, the information has a strong indicia of reliability because of the extreme embarrassment to Saudi Arabia if the information is in fact false or unverifiable. It should be noted as well that the information provided to the defense by the government indicates that there are possibly two sources of this information. The FBI reports describe the source of the information as a person who has provided accurate and reliable information in the past. The information is credible and needs more investigation.

The information in these reports is not only facially credible, it is specific. The Saudi Arabian official reported that the bombing of the Murrah Building was sponsored by the Iraqi Special Services, who "contracted" the mission to seven (7) former Afghani freedom fighters currently living in Pakistan. The official also advised that the identity of the true sponsor of the bombing was concealed from the Pakistanis and the Afghan mercenaries may not have knowledge of Iraqi involvement or sponsorship. This is not unusual. This is simply how things are done in the world of international terrorism, intelligence, and covert operations. Despite repeated requests, the defense has been provided the sum total of three pages of information concerning this aspect of the case. See D.E. 2191 Exhibit "A."

The defense requested assistance from the United States State Department, via letter to the Secretary of State, to assist in defense investigation and travel to Saudi Arabia. Saudi Arabia has very stringent entry requirements and the defense was unable to facilitate investigation there. The State Department declined politely to assist the defense's travel to Saudi Arabia and attempt to interview the Saudi Arabian official. However, the State Department sent a list of law firms practicing in Saudi Arabia to the defense; but of course the State Department had no difficulty in facilitating entry into Saudi Arabia of American FBI agents traveling there to investigate the death of Americans in Saudi Arabia.

The report originally generated concerning the information provided by the Saudi Arabian official came from a telephone call from a retired CIA official to FBI Agent Kevin L. Foust on April 19, 1995--the very day of the bombing. D.E. 2482 at 13. Agent Foust is no stranger to tracking down and prosecuting international terrorists. In fact, according to information and press reports in the public domain, Agent Foust appears to be one of the FBI's leading investigators in charge of apprehending and prosecuting terrorists. See D.E. 2482 Exhibit "D" (New York Times, Monday, October 7, 1996.

The defense believes the ex-CIA official called Foust and the CIA because he did credit his informant and the informant's information, and that the government's claim that ex-CIA official believed his informant was "untrustworthy" is nothing more than ex-CIA official's efforts to protect his source. The ex-CIA official it must be remembered is a long time intelligence operative. Certainly, nothing in the documents furnished by the government report the ex-CIA official as describing a Saudi official in that country's intelligence services, charged with protecting the Saudi royal family, as "untrustworthy."

Agent Foust, along with Agent Robert F. Clifford, were instrumental in apprehending Omar Mohammed Ali Rezaq, a member of the notorious Abu Nidal terrorist group, who, along with two other terrorists, hijacked an Egyptian airliner in 1985. Separating the passengers by nationality, Rezaq pulled aside the Americans and the Israelis, summoned five to the aircraft's open front doorway and then fired point blank into the back of their heads. Although three persons survived this brutality, two women were killed, one an Israeli and one an American. D.E. 2482 at 14.

This incident involved Egypt Air Flight 648 on November 23, 1985, which was a Boeing 737 carrying 98 passengers and crew members. Rezaq and two other men seized the plane shortly after takeoff on a flight from Athens to Cairo. In an ensuing gun battle, an Egyptian Sky Marshal on the plane shot and killed the hijacking leader, and the pilot landed the plane in Malta. Eventually, Egyptian commandos set out an explosive charge under the airplane and rushed the plane. In the ensuing confrontation, the blast rocked the rear of the plane and a fireball blew forward through the cabin. Fifty-seven more passengers and one hijacker died in the raid from smoke inhalation, explosive wounds or gun shots. Rezaq was in fact shot in the chest as he fled the plane. D.E. 2482 at 14.

Rezaq was prosecuted in Malta which, in 1992, was considering whether to free him, possibly as early as 1996. It was then that Agent Foust was enlisted to build a case for prosecuting Rezaq in the United States. When the Maltese government released Rezaq, Agent Foust and others tracked him down through the Sudan, by way of Ghana Nigeria and Ethiopia finally catching up with him and apprehending him in Nigeria.[18]

Clearly, the information concerning the possibility that Iraq enlisted mercenaries to commit the bombing of the Murrah Building was relayed and generated by people who should know. The phone call originally came to the ex-CIA official, former Chief of Counterterrorism Operations for the Central Intelligence Agency, who then notified Agent Foust. These men are dearly familiar with such matters and their familiarity and background concerning international terrorism should give weight to the information contained in their reports and the fact that an official telephoned Foust and the CIA immediately after the receiving the phone call from Saudi Arabia is strong evidence he did not consider the Saudi General "untrustworthy".

2. State Sponsorship Precedent:

There is ample precedent supporting the assertion as alleged here that terrorists sponsored by foreign states recruit American citizens for the purpose of engaging in terrorists acts here in the United States. Such countries include Iran and Libya. Libyan efforts to recruit American citizens, particularly black Muslims, are documented in the Federal Reporter in United States v McAnderson, 914 F.2d 934 (7th Cir. 1990). The McAnderson case involved the prosecution and convictions of members of a Chicago street gang called the El Rukus, convicted for conspiracy to commit terrorist acts throughout the United States in exchange for payment from the Libyan government. Id. at 938. Upon hearing that Louis Farrakhan had received $5 million from the Libyan government, the leader of the El Rukns actively sought sponsorship from Libya in exchange for an in kind amount of money. Members of the El Rukns actually traveled to Libya to meet with military officials of the Libyan government. Id. at 939.

The El Rukns sought to impress the Libyans and to demonstrate the depth of their commitment by discussing specific terrorist acts, among them destroying a government building, planting a bomb, blowing up an airplane, and simply committing a wanton "killing here and a killing there" to get the Libyans' attention. Eventually, the leader of the El Rukns decided that the Libyans would only be impressed by the use of powerful explosives. Id. at 940. The El Rukns attempted to obtain hand-held rockets and rocket launchers, LAW rockets, meaning "Light Anti-Tank Weapon" but were ultimately intercepted by the FBI and prosecuted.

Similarly, Iran, a well-known sponsor of international terrorists, is believed to have recruited Americans to commit acts of terrorism here in the United States. ABC News' 20/20 program has investigated this aspect of Iranian support for terrorism here in the United States and in the first quarter of last year aired a report concerning David Belfield, a/k/a Daoud Salahuddin. See D.E. 2482 at 16. According to the ABC News story, Salahuddin was born in North Carolina, but grew up in Bayshore, Long Island. Although both of his parents were university graduates, Salahuddin believed that because of his father's race, African/American, his father could not find employment other than menial jobs, e.g., a security guard, bartender, bouncer, etc. Id. at 17.

Salahuddin began studies at Howard University in 1969 where he was attracted to the Islamic movement on campus. He adopted Islam as his faith and soon was leading student protests and looking for an alternative to the rules of white America. Tom Jarriel, the 20/20 correspondent reporting this story, stated that U.S. authorities now believed that other young American males have been recruited by the Iranians. The Iranians utilized colleges and prisons to recruit young black men, indoctrinated them into the Islamic faith, and convinced them that, if necessary, they must use any means necessary, including deadly force, for the sake of their religious or spiritual leader. Jarriel located Salahuddin through the National Security News Service in Washington, D.C., and also through a retired detective located in Washington, D.C. They eventually met Salahuddin in Istanbul, Turkey and Jarriel claimed that he was in possession of police intelligence reports indicating that Iran has recruited in the United States Americans for "home grown terrorism".

In 1980 while Americans were being held hostage in Iran, a former Iranian Embassy official was the leading political opponent of the Ayatollah Khomani in Washington, D.C. The official was popular politically and socially in the United States and was often seen on American television supporting the Washington agenda and advocating Khomani's overthrow. He was assassinated by Salahuddin in 1980 after Salahuddin paid off a postman with $500 to allow him to allow him to use a postal service jeep and gain access to the official's home. Under the guise of having a package that the official must sign for, Salahuddin shot the official three times in the chest. After the killing Salahuddin then fled to Iran, the country that had provided the money and the orders for the assassination, and thereafter traveled around the Middle East visiting various international hot spots and associating with other terrorists. Salahuddin assumed that the order to commit the assassination was issued by the Revolutionary Council in Iran.

These two examples are simply what counsel has been able to find in the public record. Counsel, of course, does not have access to intelligence information of this nature but believes that such recruitment by foreign states which sponsor terrorism is not unusual. That is the working defense hypothesis in this case. The Iranians seem to target young idealistic black males and indoctrinate them to the teaching of Islam in order to "turn" them against the U.S. government. These people are targeted because their ideological compass is preset against the federal government. The same can be said for neo-Nazis and/or white supremacists. Although the white supremacist community are diametrically opposed to that of black Muslims, it is a well known fact that both share a common hatred for the federal government.

In addition, the United States government has been aware for many years that intelligence agents of foreign nation-states operate in the United States in furtherance of foreign interests against United States citizens. These concerns were brought before Congress in a still classified top secret staff report prepared for the Senate Foreign Relations Subcommittee on International Operations. See D.E. 2482 (Exhibit "I"). Portions of this top secret report were made public by the press and published by the Washington Post in 1979. The report analyzes the thorny foreign relations problem concerning illegal actions on the part of foreign intelligence agents against citizens in the United States. The government seeks a balance between enforcing domestic laws, even against foreign intelligence agents, and foreign policy concerns and recriminations against U.S. intelligence agents in other countries.

Although the major story at this time this report was made public in 1979 involved the Iranian security organization SAVAK, whose agents had been trained in surveillance and other espionage techniques by the CIA, and SAVAK's plan in early 1977 to assassinate Nasser Afshar, an Iranian-born U.S. citizen who angered SAVAK by taking out ads in U.S. newspapers denouncing the Shah of Iran, other foreign powers operate in the United States as well. D.E. 2482 at 19. The subcommittee report, according to the Washington Post, examined cases of harassment and surveillance as well as suspected assassination plots against United States citizens by the intelligence agencies of Chile, Iran, the Philippines, the Republic of China (Taiwan), the former Soviet Union, and Yugoslavia. To choose just one example, the Iranian SAVAK, at the peak its influence under the Shah, had at least 13 full-time case officers running a network of informers and infiltration covering 30,000 Iranian students on United States college campuses. The head of the SAVAK agents in the United States operated under the cover of an attache at the Iranian Mission to the United Nations, with the FBI, CIA, and State Department fully aware of these activities. Thus, the presence of foreign intelligence operatives in the United States is a fact of international foreign policy and for such operatives to carry out the policies of their foreign sponsors is not unusual.

D. Israelis Present at the Bomb Site.

The defense has obtained a memorandum of an interview with a high ranking Israeli security figure. See D.E. 2482 (Exhibit "J"). This memorandum confirms the following:

1. The source, who aids the Prime Minister on matters of counterterrorism, confirmed that Israel gave a general warning to the United States shortly before the bombing.
2. The United States approached Israeli "for consultations" and advice concerning the bombing.
3. Although Israel suggested that the bombing was not "Islamically motivated", Israel conceded that the bombing could have been implemented "borrowed methods" or could have been inspired by Islamic actions.
4. Israel in fact sent two experts, accompanied by the security officer of the Israeli Embassy in Washington, D.C., to the bomb site.
5. Israeli authorities were clearly not pleased that information had leaked of Israeli experts involvement in evaluating the bomb site.
6. The source, since the bombing, met with his American counter-part, Phil Wilcox[l9], on a regular basis to "compare notes."

It is clear in the defense's view that the Israeli government sent its experts to evaluate the bomb site with full knowledge of the United States government. It is also clear in the defense's view that the one page report submitted by the government is not the complete report of the two Israeli experts. Counsel sought and obtained permission from the District Court to travel to Israel to investigate the presence of Israeli officials at the bomb site. In order to avoid drawing attention to counsel's visit, counsel entered Israel by a tourist bus over the Allenby Bridge (the King Hussain Bridge) on the West Bank via Damascus and Amman and, once in Israel, contacted very senior Israeli political figures in the late Prime Minister Rabin's government and others who confirmed the presence of Israeli bomb experts at the Oklahoma City bomb site. The defense has learned that two weeks after the bombing, two Israeli officials toured the bomb site in collaboration with the ATF. D.E. 2191 at 9. Their conclusion, as outlined in their report to the United States government, was that the Oklahoma City bomb bore the indisputable earmark of Middle Eastern terrorists.[20]

The two Israelis are Dorom Bergerbest-Eliom and Yakov (or Yaskov) Yerushalmi. Bergerbest-Eliom was, at the time, Chief of Security for the Israeli Embassy in Washington, D.C. Yerushalmi was a civil engineer whom has been described as a "consultant" to the Israeli government. The undersigned counsel has confirmed that these two individuals were in fact sent by Israel and did in fact tour the bomb site. The two Israelis prepared a report on their observations. Counsel for Defendant McVeigh has not obtained a copy of this report but is informed that the report suggests details of the explosive device and that the bombing is a quot;signature" of Middle Eastern terrorists.

[CONTINUED IN PART THIRTEEN]

[20] The government failed to produce a copy of this report, or even acknowledge the presence of Israelis in Oklahoma City--despite defense requests for this information. See D.E. 2768 at 54; D.E. 1921 (Exhibit "C" at 16).

Instead, a Fort Worth television station interviewed Moshe Tal and he stated that he was personally acquainted with the two Israelis who toured the bomb site, that they had been in Oklahoma City and he had forwarded a draft of a report to Cristi O'Connor of Channel 11.

Not until this happened did the government furnish a copy of the report to the defense, even though the ATF had escorted the two men. The copy forwarded to the defense does not mention a Middle East connection to the bombing. The defense believes that the government has not forwarded a true copy of the entire report.