ATTORNEY GENERAL
ASHCROFT'S STATEMENT REGARDING THE EXECUTION OF TIMOTHY MCVEIGH
THURSDAY, APRIL 12, 2001
WWW.USDOJ.GOV
"In 1988, the federal death penalty was reinstated by the United
States Congress and the President with the enactment of the Anti-Drug
Abuse Act. In 1994, Congress and the President expanded capital
sentencing in the Federal Death Penalty Act. Under these two legislative
acts, the federal statutes allow the death penalty for some of the
most heinous and violent crimes imaginable. These include the intentional
killing; espionage and treason; a kidnapping or conspiracy that
results in a murder; killing a law enforcement officer; or committing
a major drug-trafficking crime.
"Under both laws, before the death penalty can be imposed,
a special hearing is required to determine whether a sentence of
death is justified. A jury, following a death-eligible conviction,
must determine whether a sentence of death is justified, based on
evidence and arguments presented by each side and instructions from
the court.
"On June 2, 1997, a jury convicted Mr. Timothy McVeigh of
the April 19, 1995, bombing of the Alfred P. Murrah Building in
Oklahoma City. This brutal act of terrorism killed 168 innocent
people, including 19 children, and injured hundreds more. Its savagery
stole parents from 219 children and made 30 children orphans in
a single act. This cowardly crime against our nation was the largest
terrorist attack ever within the United States of America.
"On June 13, 1997, the jury that heard the case of the Oklahoma
City bombing made a recommendation of death for Mr. McVeigh, and
the sentence was imposed by a federal judge on August 14, 1997.
Mr. McVeigh's convictions were affirmed on direct appeal and his
post-conviction challenges have been rejected by the courts. Mr.
McVeigh has exhausted his right to any further appeals, and he is
scheduled to be executed on May 16, 2001.
"The last death penalty imposed by federal courts under federal
law occurred in 1963. The policies the Justice Department outlines
today will provide the basis for handling future federal executions
ordered by federal courts. These policies will be written into the
appropriate documents and made available to the public, including
the final Execution Protocol. The Bureau of Prisons has been preparing
to fulfill its responsibilities under the law for years now, and
we have consulted closely and thoroughly with them in establishing
these policies.
"As you know, I also met with about 100 survivors and victim
family members on Tuesday to hear their stories and to try to understand
their loss. The magnitude of this case is certainly stunning. My
time with these brave survivors changed me. What was taken from
them can never be replaced nor fully restored. Their lives were
shattered, and I hope that we can help them meet their need to close
this chapter in their lives.
"I also hope that their experience in Oklahoma City is unique
in our American experience. Obviously this case has many unique
elements and it is a unique set of circumstances that confront us.
The Oklahoma City survivors may be the largest group of crime victims
in our history, so the Department of Justice must make special provisions
to assist the needs of the survivors and victims' families in accordance
with our responsibilities to carry out justice.
"Current Bureau of Prisons' regulations allow for eight witnesses.
This is plainly inadequate. As Attorney General, I authorize the
following measures for victims of this crime.
"First, we have decided to allow two additional citizen witnesses
to be present at the execution in Terre Haute. This will bring the
total number of citizen witnesses to ten and will equal the number
of media witnesses. These witnesses will be selected by lottery,
as was done for the trial.
"Second, under these special circumstances, we will arrange
for a closed circuit transmission of these events to Oklahoma City,
just as was done during the trial, pursuant to the Congressional
authorization. The closed circuit transmission will take place at
a facility in Oklahoma City that is yet to be determined. The Bureau
of Prisons will work with the FBI's Crisis Response Unit to provide
a highly reliable and secure closed-circuit audio and video transmission
from the United States Penitentiary in Terre Haute to the designated
site in Oklahoma City. The broadcast will use the latest encryption
technology integrated with state-of-the-art video conferencing over
high speed digital telephone lines.
"Federal regulations prohibit any recording of the execution;
therefore, any closed-circuit transmission will be instantaneous
and contemporaneous. Because of our concerns about attempts to steal
or disrupt the transmission signal, we are not able to provide any
further details about the transmission process.
"The transmission to the victims in the Oklahoma City area
will begin at the same time the curtain is opened for viewing by
the victim witnesses in the execution facility. All witnesses will
see Mr. McVeigh on the execution table and they will be able to
hear any final statement Mr. McVeigh makes.
"Third, at the request of the victims I met with on Tuesday,
we will show those who are watching from Oklahoma City a video with
footage of the site in Terre Haute, including the execution room.
In addition, we will have representatives of the Bureau of Prisons
on site to help prepare these witnesses for what they will see on
the closed circuit transmission.
"Finally, I realize after visiting with survivors and victims'
families that there are some people who, in the event that they
are not one of the ten citizen witnesses, still want to be present
in Terre Haute, even if they cannot view the execution on via closed
circuit television. For those victims we will provide an area in
Terre Haute near the prison facility.
"To those of you here, I am aware that several media outlets
have requested access to interview inmate McVeigh. As an American
who cares about our culture, I want to restrict a mass murderer's
access to the public podium. On an issue of particular importance
to me as Attorney General of the United States, I do not want anyone
to be able to purchase access to the podium of America with the
blood of 168 innocent victims.
"Media access to Special Confinement Unit Inmates will be
limited to each inmate's ordinary allotment of telephone time. Inmates
in the special confinement unit in Terre Haute are allowed a 15-minute
personal telephone call each day. Inmates can use those calls in
any way they choose, including interviews with the media. Requests
for interviews may be made to the Warden. Should an inmate agree
to an interview, the Warden will coordinate the setting up of the
interview.
"If the news media conducts an interview with Timothy McVeigh,
I would ask them for self-restraint. Please do not help him inject
more poison into our culture; he has caused enough senseless damage
already.
"We are already being sued to provide more publicity for
this execution. I would ask that the news media not become Timothy
McVeigh's co-conspirators in his assault on America's public safety
and upon America itself.
"Finally, unless a Court intervenes, the execution is expected
to proceed as scheduled at 7:00 a.m. on May 16, 2001.
"I would now like to introduce Kathleen Hawk Sawyer, the
Director of the Bureau of Prisons. The Bureau of Prisons has done
a great deal of work in preparation for this execution and I want
to commend the Director and her staff for a job well done."
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