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American Morning

Government Must Respond to McVeigh Petition Today

Aired June 04, 2001 - 10:01   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: And a deadline and hope for a lifeline for convicted terrorist Timothy McVeigh. We'll tell you how his case puts prosecutors on the defensive.

LEON HARRIS, CNN ANCHOR: And we're going to begin with that particular case right now, the case of Timothy McVeigh and the legal challenge that could ultimately lead him to death row. Federal prosecutors have a deadline later today to respond to a petition seeking a stay of execution.

CNN's Gina London is in Denver, where this latest legal chapter is being written -- Gina, good morning.

GINA LONDON, CNN CORRESPONDENT: Good morning to you, Leon.

Well, of course, Wednesday is the big day here in Denver, because that is when the hearing is set to have the arguments about why or why not to give the convicted Oklahoma City bomber a reprieve. But today is very important, too, because this is the day that the government, the prosecution, as you mentioned, has to file its written response at the clerk's office here at the court to respond to that motion, this motion that was filed last week by Timothy McVeigh's attorneys.

Now, of course, this motion itself, again, filed last week, is really extensive. It brings up a lot of points as it calls for this stay of execution and of course Timothy McVeigh gave the go ahead last week after he conferred with his attorneys there at the federal penitentiary in Terra Haute, Indiana.

And now today we expect that the U.S. attorney's office will present its side of the argument. And why all of this is because the man who may make, is likely to make the decision in all of this, federal judge Richard Matsch -- he has his chambers here in the building where I'm standing -- and he'll be hearing both sides. He needs to read both of their arguments beforehand, before Wednesday's hearing, so that he can ask the proper questions.

Now, it's a very important hearing because this may give, as the legal community expects, an indefinite reprieve to Tim McVeigh. But an interesting point, too, Leon to point out that the law scholars here in Denver, law professors that I've talked to say no matter which way federal Judge Matsch goes on Wednesday, if he decides to stay or not to stay the execution, either side technically may appeal.

Gina London live, CNN, Denver.

HARRIS: All right, thank you, Gina -- Daryn?

DARYN KAGAN, CNN ANCHOR: And now let's get the view from Washington. That's where we find our national correspondent Bob Franken standing by with more -- Bob, good morning.

BOB FRANKEN, CNN CORRESPONDENT: Good morning, Daryn.

And I think it's fair to say, as Gina points out, not only could either side technically appeal but it's almost inevitable that either side will appeal. As a matter of fact, don't be surprised if this ends up before the Supreme Court in some form by the end of the week. This obviously raises huge issues. Probably the most telling thing in the filing by McVeigh's lawyers was the charge that the federal government, the Justice Department, really perpetrated a "fraud on the court," very, very serious charge.

That is shorthand for there was a fraud on you, judge, and that usually antagonizes the daylights out of a judge, particularly a federal judge.

KAGAN: What will the defense lawyers have to prove in order to prove fraud on the court?

FRANKEN: Well, they will have to at least raise the question significantly enough that there was some sort of motive behind the FBI's confusion, which is what the Justice Department claims, over its records, that there at least is reason enough to believe that there was something intentional going on here, that it has to be studied. Really all the lawyers are doing is saying we need more time and they're, of course, making their case in the strongest language possible.

KAGAN: Well, speaking of time, Bob, it is of the essence here. Timothy McVeigh now is scheduled to be executed a week from today.

FRANKEN: That's right. And, of course, that's an extension of his May 16th execution date right after it was disclosed that the FBI had not turned over all the documents. All of what's happening right now is what we expected. Once McVeigh said he would go ahead -- and that seemed to be preordained -- I was in Terra Haute, Indiana when his lawyers came out and said that McVeigh was not saying, rejecting that possibility. It seemed probable that before things were through he would probably go along with all of this.

Now it would seem that it is playing out just as one said it would play out. The judge is being asked to, in fact, delay this further. Most of the legal experts you talk to say that there's really little choice until this has been fully resolved.

KAGAN: Bob Franken in Washington. Bob, thank you.

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