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CNN Sunday Morning

How Did the FBI Misplace Documents?

Aired May 13, 2001 - 09:04   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.
MILES O'BRIEN, CNN ANCHOR: The public is weighing in with their reaction on the FBI's handling of the evidence in the McVeigh case. A "Newsweek" poll shows this, about 40 percent of Americans questioned say the failure of the FBI to disclose evidence was an accident. Forty-three percent, however, think it was an attempt to conceal something from the government or law enforcement. An overwhelming 86 percent say the latest developments do not make them have doubts about McVeigh's guilt. And 39 percent said the latest turn of events has made them feel less confident in the FBI and the criminal justice system. While than half, 56 percent say it doesn't affect their confidence at all.

KYRA PHILLIPS, CNN ANCHOR: Critics say this recent FBI foul-up is proof that the agency needs some major changes. Joining me now from Washington to talk more about the execution delay is Elaine Shannon, author and criminal justice correspondent for "TIME" magazine.

Elaine, good to see you.

ELAINE SHANNON, "TIME" MAGAZINE: Hi, how are you?

PHILLIPS: Good; doing all right on this Mother's Day, on a positive note.

Let's get to what's at hand here. Computer problems, human error, cover-up? You're an author, a correspondent. What's your take at this point?

SHANNON: If what the FBI and the Justice Department are telling us is true, then it was no. 1 and No. 2. Some of these -- most of these files are being described as negative case reports -- somebody calls in with a tip -- I went to school with a guy in that sketch. It turns out to be not true, so it goes into the negative case file.

When the -- all the FBI offices are polled for anything you have relevant to the Tim McVeigh prosecution, they don't think that's relevant because it's a blind alley. It went nowhere. So -- and it's in cyberspace anyway. It's not on a piece of paper probably, so it never got into the main case file and never went over to the defense lawyers.

Obviously, there were some judgments made. And until we see the memo that went out from FBI headquarters, give us what you've got -- did they say, give us every scrap of paper, or did they -- give us what you think is relevant? And until we see the documents themselves, we can't know for sure.

PHILLIPS: So looking at what happened here, and this is such a big case, such a highly publicized case, any reflections on -- or does this disturb you with regard to other cases that may have -- may be over or still pending?

SHANNON: Oh, sure. We have seen time and time and time again information that the FBI had in their files that they didn't know was in their files. Look at the whole flap over the use of hot grenades in the Waco case. The FBI had, in its legal counsel's office, memos which said yes, the hostage rescue team used those things, but several hours before and 100 yards away. But it wasn't made known in the arson investigation, and the congressional investigations all thought they hadn't used nothing but cold rounds.

And so when people who believed that there was a major conspiracy brought forward the information that hot grenades were used -- these are things that break open walls -- then we spent about six weeks sorting through what actually was used that triggered the Danforth investigation. A lot of money was spent -- the conclusion was that isn't what set of the fire.

In the Chinese espionage cases, also, files were lost. And the agents investigating Wen Ho Lee for espionage did not know that he and his wife had been FBI informants because they hadn't see the files.

PHILLIPS: Well, now FBI agents are coming out and saying, hey, you know, we're very thin on the bench now. How do you interpret that?

SHANNON: There were a lot of young agents hired in the late '60s, early '70s, when the FBI was built up. And then came Watergate in that period. So all of those people went through a real firestorm and had to question why they were in the FBI, and none of them were involved in the problems that Hoover made, the constitutional abuses.

And I know so many of them who said, you know, when I -- if I ever get into a position of power in this agency, it's going to be a good agency, it's going to serve the people; it's not going to abuse their rights. All those people are 50 to 55 now and they must retire, by law, at age 57. So they're leaving. And then -- leaving with a lot of experience and a lot of good judgment.

The FBI has no problem hiring young, well-qualified people, but admit, in upper management levels, they're getting thin.

PHILLIPS: No doubt a story we'll continue to cover. Elaine Shannon with "TIME" magazine, thanks so much.

SHANNON: Thank you.

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