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Date: Sun, 03 Aug 1997 20:18:43 -0700
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From: Paul Andrew Mitchell [address in tool bar]

>                   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
>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
>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
>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
>"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?"
>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
>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
>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
>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

Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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