Lessons of Oklahoma City Bombing (2015)

The Federal Bureau of Investigation (FBI) led the official investigation, known as OKBOMB,[172] with Weldon L. Kennedy acting as special agent in charge.[173] Kennedy oversaw 900 federal, state, and local law enforcement personnel, including 300 FBI agents, 200 officers from the Oklahoma City Police Department, 125 members of the Oklahoma National Guard, and 55 officers from the Oklahoma Department of Public Safety.[174] The crime task force was deemed the largest since the investigation into the assassination of John F. Kennedy.[174] OKBOMB was the largest criminal case in America's history, with FBI agents conducting 28,000 interviews, amassing 3.5 short tons (3.2 t) of evidence, and collecting nearly one billion pieces of information.[14][16][175] Federal judge Richard Paul Matsch ordered that the venue for the trial be moved from Oklahoma City to Denver, Colorado, ruling that the defendants would be unable to receive a fair trial in Oklahoma.[176] The investigation led to the separate trials and convictions of McVeigh, Nichols and Fortier.
Timothy McVeigh
Main article: Timothy McVeigh

Opening statements in McVeigh's trial began on April 24, 1997. The United States was represented by a team of prosecutors led by Joseph Hartzler. In his opening statement Hartzler outlined McVeigh's motivations, and the evidence against him. McVeigh, he said, had developed a hatred of the government during his time in the army, after reading The Turner Diaries. His beliefs were supported by what he saw as the militia's ideological opposition to increases in taxes and the passage of the Brady Bill, and were further reinforced by the Waco and Ruby Ridge incidents.[9] The prosecution called 137 witnesses, including Michael Fortier and his wife Lori, and McVeigh's sister, Jennifer McVeigh, all of whom testified to confirm McVeigh's hatred of the government and his desire to take militant action against it.[177] Both Fortiers testified that McVeigh had told them of his plans to bomb the Alfred P. Murrah Federal Building. Michael Fortier revealed that McVeigh had chosen the date, and Lori Fortier testified that she had created the false identification card McVeigh used to rent the Ryder truck.[178]

McVeigh was represented by a team of six principal attorneys, led by Stephen Jones.[179] According to law professor Douglas O. Linder, McVeigh wanted Jones to present a "necessity defense"—which would argue that he was in "imminent danger" from the government (that his bombing was intended to prevent future crimes by the government, such as the Waco and Ruby Ridge incidents).[178] McVeigh argued that "imminent" does not mean "immediate": "If a comet is hurtling toward the earth, and it's out past the orbit of Pluto, it's not an immediate threat to Earth, but it is an imminent threat."[180] Despite McVeigh's wishes, Jones attempted to discredit the prosecution's case in an attempt to instill reasonable doubt. Jones also believed that McVeigh was part of a larger conspiracy, and sought to present him as "the designated patsy",[178] but McVeigh disagreed with Jones arguing that rationale for his defense. After a hearing, Judge Matsch independently ruled the evidence concerning a larger conspiracy to be too insubstantial to be admissible.[178] In addition to arguing that the bombing could not have been carried out by two men alone, Jones also attempted to create reasonable doubt by arguing that no one had seen McVeigh near the scene of the crime, and that the investigation into the bombing had lasted only two weeks.[178] Jones presented 25 witnesses, including Frederic Whitehurst, over a one-week period. Although Whitehurst described the FBI's sloppy investigation of the bombing site and its handling of other key evidence, he was unable to point to any direct evidence that he knew to be contaminated.[178]

A key point of contention in the case was the unmatched left leg found after the bombing. Although it was initially believed to be from a male, it was later determined to belong to Lakesha Levy, a female member of the Air Force who was killed in the bombing.[181] Levy's coffin had to be re-opened so that her leg could replace another unmatched leg that had previously been buried with her remains. The unmatched leg had been embalmed, which prevented authorities from being able to extract DNA to determine its owner.[101] Jones argued that the leg could have belonged to another bomber, possibly John Doe No. 2.[101] The prosecution disputed the claim, saying that the leg could have belonged to any one of eight victims who had been buried without a left leg.[102]

Numerous damaging leaks, which appeared to originate from conversations between McVeigh and his defense attorneys, emerged. They included a confession said to have been inadvertently included on a computer disk that was given to the press, which McVeigh believed seriously compromised his chances of getting a fair trial.[178] A gag order was imposed during the trial, prohibiting attorneys on either side from commenting to the press on the evidence, proceedings, or opinions regarding the trial proceedings. The defense was allowed to enter into evidence six pages of a 517-page Justice Department report criticizing the FBI crime laboratory and David Williams, one of the agency's explosives experts, for reaching unscientific and biased conclusions. The report claimed that Williams had worked backward in the investigation rather than basing his determinations on forensic evidence.[182]

The jury deliberated for 23 hours. On June 2, 1997, McVeigh was found guilty on 11 counts of murder and conspiracy.[183][184] Although the defense argued for a reduced sentence of life imprisonment, McVeigh was sentenced to death.[185] In May 2001, the Justice Department announced that the FBI had mistakenly failed to provide over 3,000 documents to McVeigh's defense counsel.[186] The Justice Department also announced that the execution would be postponed for one month for the defense to review the documents. On June 6, federal judge Richard Paul Matsch ruled the documents would not prove McVeigh innocent and ordered the execution to proceed.[187] McVeigh invited conductor David Woodard to perform pre-requiem Mass music on the eve of his execution; while reproachful of McVeigh's capital wrongdoing, Woodard consented.[188]: 240–241  After President George W. Bush approved the execution (McVeigh was a federal inmate and federal law dictates that the president must approve the execution of federal prisoners), he was executed by lethal injection at the Federal Correctional Complex, Terre Haute in Terre Haute, Indiana, on June 11, 2001.[189][190][191] The execution was transmitted on closed-circuit television so that the relatives of the victims could witness his death.[192] McVeigh's execution was the first federal execution in 38 years.[193]
Terry Nichols
Main article: Terry Nichols

Nichols stood trial twice. He was first tried by the federal government in 1997, and found guilty of conspiring to build a weapon of mass destruction and of eight counts of involuntary manslaughter of federal officers.[194] After he was sentenced on June 4, 1998, to life without parole, the State of Oklahoma in 2000 sought a death-penalty conviction on 161 counts of first-degree murder (160 non-federal-agent victims and one fetus).[195] On May 26, 2004, the jury found him guilty on all charges, but deadlocked on the issue of sentencing him to death. Presiding Judge Steven W. Taylor then determined the sentence of 161 consecutive life terms without the possibility of parole.[196] In March 2005, FBI investigators, acting on a tip from Gregory Scarpa Jr., searched a buried crawl space in Nichols's former house, and found additional explosives missed in the preliminary search after Nichols was arrested.[197]
Michael and Lori Fortier

Michael and Lori Fortier were considered accomplices for their foreknowledge of the planning of the bombing. In addition to Michael Fortier's assisting McVeigh in scouting the federal building, Lori Fortier had helped McVeigh laminate the fake driver's license that was later used to rent the Ryder truck.[46] Michael Fortier agreed to testify against McVeigh and Nichols in exchange for a reduced sentence and immunity for his wife.[198] He was sentenced on May 27, 1998, to 12 years in prison, and fined $75,000 for failing to warn authorities about the attack.[199] On January 20, 2006, Fortier was released from prison, transferred into the Witness Protection Program, and given a new identity.[200]
Others

No "John Doe #2" was ever identified, nothing conclusive was ever reported regarding the owner of the unmatched leg, and the government never openly investigated anyone else in conjunction with the bombing. Although the defense teams in both McVeigh's and Nichols's trials suggested that others were involved, Judge Steven W. Taylor found no credible, relevant, or legally admissible evidence of anyone other than McVeigh and Nichols having directly participated in the bombing.[178] When McVeigh was asked if there were other conspirators in the bombing, he replied: "You can't handle the truth! Because the truth is, I blew up the Murrah Building, and isn't it kind of scary that one man could wreak this kind of hell?"[201] On the morning of McVeigh's execution a letter was released in which he had written "For those die-hard conspiracy theorists who will refuse to believe this, I turn the tables and say: Show me where I needed anyone else. Financing? Logistics? Specialized tech skills? Brainpower? Strategy? ... Show me where I needed a dark, mysterious 'Mr. X'!"[202]
Aftermath

Within 48 hours of the attack, and with the assistance of the General Services Administration (GSA), the targeted federal offices were able to resume operations in other parts of the city.[203] According to Mark Potok, director of Intelligence Project at the Southern Poverty Law Center, his organization tracked another 60 domestic smaller-scale terrorism plots from 1995 to 2005.[204][205] Several of the plots were uncovered and prevented while others caused various infrastructure damage, deaths, or other destruction. Potok revealed that in 1996 there were approximately 858 domestic militias and other antigovernment groups but the number had dropped to 152 by 2004.[206] Shortly after the bombing, the FBI hired an additional 500 agents to investigate potential domestic terrorist attacks.[207] A 2005 Federal Bureau of Investigations report said the bombing "brought the threat of right-wing terrorism to the forefront of American law enforcement attention."[208]
Legislation
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In the wake of the bombing, the U.S. government enacted several pieces of legislation including the Antiterrorism and Effective Death Penalty Act of 1996.[17] In response to the trials of the conspirators being moved out-of-state, the Victim Allocution Clarification Act of 1997 was signed on March 20, 1997, by President Clinton to allow the victims of the bombing (and the victims of any other future acts of violence) the right to observe trials and to offer impact testimony in sentencing hearings. In response to passing the legislation, Clinton stated that "when someone is a victim, he or she should be at the center of the criminal justice process, not on the outside looking in."[209]

In the years since the bombing, scientists, security experts, and the ATF have called on Congress to develop legislation that would require customers to produce identification when purchasing ammonium nitrate fertilizer, and for sellers to maintain records of its sale. Critics argue that farmers lawfully use large quantities of the fertilizer,[210] and as of 2009, only Nevada and South Carolina require identification from purchasers.[210] In June 1995, Congress enacted legislation requiring chemical taggants to be incorporated into dynamite and other explosives so that a bomb could be traced to its manufacturer.[211] In 2008, Honeywell announced that it had developed a nitrogen-based fertilizer that would not detonate when mixed with fuel oil. The company got assistance from the Department of Homeland Security to develop the fertilizer (Sulf-N 26) for commercial use.[212] It uses ammonium sulfate to make the fertilizer less explosive.[213]
Oklahoma school curriculum

In the decade following the bombing, there was criticism of Oklahoma public schools for not requiring the bombing to be covered in the curriculum of mandatory Oklahoma history classes. Oklahoma History is a one-semester course required by state law for graduation from high school; however, the bombing was only covered for one to two pages at most in textbooks. The state's PASS standards (Priority Academic Student Skills) did not require that a student learn about the bombing, and focused more on other subjects such as corruption and the Dust Bowl.[214] On April 6, 2010, House Bill 2750 was signed by Governor Brad Henry, requiring the bombing to be entered into the school curriculum for Oklahoma, U.S. and world history classes.[215][216][217]

On the signing, Governor Henry said, "Although the events of April 19, 1995, may be etched in our minds and in the minds of Oklahomans who remember that day, we have a generation of Oklahomans that has little to no memory of the events of that day ... We owe it to the victims, the survivors and all of the people touched by this tragic event to remember April 19, 1995, and understand what it meant and still means to this state and this nation."[217]
Building security and construction
Two images are stitched together showing the site of where the building stood prior to its demolition. A crowd of people are visible in front of the chain link fence blocking entrance to the site. Large piles of dirt can be seen on the site as well as damage to nearby buildings.
The site of the building after it was demolished, three months after the bombing

In the weeks following the bombing, the federal government ordered that all federal buildings in all major cities be surrounded with prefabricated Jersey barriers to prevent similar attacks.[218] As part of a longer-term plan for United States federal building security, most of those temporary barriers have since been replaced with permanent and more aesthetically considerate security barriers, which are driven deep into the ground for sturdiness.[219][220] All new federal buildings must now be constructed with truck-resistant barriers and with deep setbacks from surrounding streets to minimize their vulnerability to truck bombs.[221][222][223] FBI buildings, for instance, must be set back 100 feet (30 m) from traffic.[224] The total cost of improving security in federal buildings across the country in response to the bombing reached over $600 million.[225]

The Murrah Federal Building had been considered so safe that it only employed one security guard.[226] In June 1995, the DOJ issued Vulnerability Assessment of Federal Facilities, also known as The Marshals Report, the findings of which resulted in a thorough evaluation of security at all federal buildings and a system for classifying risks at over 1,300 federal facilities owned or leased by the federal government. Federal sites were divided into five security levels ranging from Level 1 (minimum security needs) to Level 5 (maximum).[227] The Alfred P. Murrah Building was deemed a Level 4 building.[228] Among the 52 security improvements were physical barriers, closed-circuit television monitoring, site planning and access, hardening of building exteriors to increase blast resistance, glazing systems to reduce flying glass shards and fatalities, and structural engineering design to prevent progressive collapse.[229][230]

The attack led to engineering improvements allowing buildings to better withstand tremendous forces, improvements which were incorporated into the design of Oklahoma City's new federal building. The National Geographic Channel documentary series Seconds From Disaster suggested that the Murrah Federal Building would probably have survived the blast had it been built according to California's earthquake design codes.[231]
Drag racing

The National Hot Rod Association has tightened its regulations for nitromethane.[232] Under the current rule book, nitromethane is limited to 400 pounds (180 kg), or 42 US gallons (160 L) in a barrel, instead of the normal 55 US gallons (210 L). The NHRA requires competitors to submit a Top Screen Questionnaire to the Department of Homeland Security. In addition, competitors are not allowed to own nitromethane; after all NHRA events, unused nitromethane must be returned to fuel supplier Sunoco.[citation needed]
Impact according to McVeigh

McVeigh believed that the bomb attack had a positive impact on government policy. In evidence he cited the peaceful resolution of the Montana Freemen standoff in 1996, the government's $3.1 million settlement with Randy Weaver and his surviving children four months after the bombing, and April 2000 statements by Bill Clinton regretting his decision to storm the Branch Davidian compound. McVeigh stated, "Once you bloody the bully's nose, and he knows he's going to be punched again, he's not coming back around."[233]
Evacuation issues

Several agencies, including the Federal Highway Administration and the City of Oklahoma City, have evaluated the emergency response actions to the bombing and have proposed plans for a better response in addition to addressing issues that hindered a smooth rescue effort.[234] Because of the crowded streets and the number of response agencies sent to the location, communication between government branches and rescue workers was muddled. Groups were unaware of the operations others were conducting, thus creating strife and delays in the search and rescue process. The City of Oklahoma City, in their After Action Report,[235] declared that better communication and single bases for agencies would better the aid of those in disastrous situations.

After the September 11 attacks in 2001, with consideration of other events, including the Oklahoma City bombing, the Federal Highway Administration proposed that major metropolitan areas create evacuation routes for civilians. These highlighted routes would allow paths for emergency crews and government agencies to enter disaster areas more quickly. By helping civilians get out and rescue workers get in, casualties would hopefully be decreased.[236]
Memorial observances
Oklahoma City National Memorial
Main article: Oklahoma City National Memorial

For two years after the bombing the only memorials to the victims were plush toys, crucifixes, letters, and other personal items left by thousands of people at a security fence surrounding the site of the building.[237][238] Many suggestions for suitable memorials were sent to Oklahoma City, but an official memorial planning committee was not set up until early 1996,[239] when the Murrah Federal Building Memorial Task Force, composed of 350 members, was set up to formulate plans for a memorial to commemorate the victims of the bombing.[160] On July 1, 1997, the winning design was chosen unanimously by a 15-member panel from 624 submissions.[240] The memorial was designed at a cost of $29 million, which was raised by public and private funds.[241][242] The national memorial is part of the National Park System as an affiliated area and was designed by Oklahoma City architects Hans and Torrey Butzer and Sven Berg.[238] It was dedicated by President Clinton on April 19, 2000, exactly five years after the bombing.[240][243] Within the first year, it had 700,000 visitors.[238]

The memorial includes a reflecting pool flanked by two large gates, one inscribed with the time 9:01, the other with 9:03, the pool representing the moment of the blast. On the south end of the memorial is a field of symbolic bronze and stone chairs—one for each person lost, arranged according to what floor of the building they were on. The chairs represent the empty chairs at the dinner tables of the victims' families. The seats of the children killed are smaller than those of the adults lost. On the opposite side is the "survivor tree", part of the building's original landscaping that survived the blast and fires that followed it. The memorial left part of the foundation of the building intact, allowing visitors to see the scale of the destruction. Part of the chain link fence put in place around the site of the blast, which had attracted over 800,000 personal items of commemoration later collected by the Oklahoma City Memorial Foundation, is now on the western edge of the memorial.[244] North of the memorial is the Journal Record Building, which now houses the Oklahoma City National Memorial Museum, an affiliate of the National Park Service. The building also contained the National Memorial Institute for the Prevention of Terrorism, a law enforcement training center.
A panoramic view of the memorial. In the center is a large stone structure shaped as a gate with "9:03" at the top. At the center of the gate is a large hole and through it a road can be seen. The Regency Towers building is visible on the right of the image in the background. The gate is reflecting in a pool of water in front of it, and grass and trees are visible to the left and right of the pool.
Panoramic view of the memorial, as seen from the base of the reflecting pool. From left to right are the memorial chairs, Gate of Time and Reflecting Pool, the Survivor Tree, and the Journal Record Building.
St. Joseph's Old Cathedral

St. Joseph's Old Cathedral, one of the first brick-and-mortar churches in the city, is located to the southwest of the memorial and was severely damaged by the blast.[245][246] To commemorate the event, a statue and sculpture work entitled And Jesus Wept was installed adjacent to the Oklahoma City National Memorial. The work was dedicated in May 1997 and the church was rededicated on December 1 of the same year. The church, the statue, and the sculpture are not part of the Oklahoma City memorial.[247]
Remembrance observance

An observance is held each year to remember the victims of the bombing. An annual marathon draws thousands, and allows runners to sponsor a victim of the bombing.[248][249] For the tenth anniversary of the bombing, the city held 24 days of activities, including a week-long series of events known as the National Week of Hope from April 17 to 24, 2005.[250][251] As in previous years, the tenth anniversary of the bombing observances began with a service at 9:02 a.m., marking the moment the bomb went off, with the traditional 168 seconds of silence—one second for each person who was killed as a result of the blast. The service also included the traditional reading of the names, read by children to symbolize the future of Oklahoma City.[252]

Vice President Dick Cheney, former President Clinton, Oklahoma Governor Brad Henry, Frank Keating, Governor of Oklahoma at the time of the bombing, and other political dignitaries attended the service and gave speeches in which they emphasized that "goodness overcame evil".[253] The relatives of the victims and the survivors of the blast also made note of it during the service at First United Methodist Church in Oklahoma City.[254]

President George W. Bush made note of the anniversary in a written statement, part of which echoed his remarks on the execution of Timothy McVeigh in 2001: "For the survivors of the crime and for the families of the dead the pain goes on."[255] Bush was invited but did not attend the service because he was en route to Springfield, Illinois, to dedicate the Abraham Lincoln Presidential Library and Museum. Cheney attended the service in his place.[253]

Due to the COVID-19 pandemic, the memorial site was closed to the public on April 19, 2020, and local television networks broadcast pre-recorded remembrances to mark the 25th anniversary.[256]
See also

flagOklahoma portaliconLaw portalflagUnited States portalicon1990s portal

2011 Norway attacks
AMIA bombing
List of terrorist incidents
Bath School disaster, the deadliest building bombing in the United States prior to the Oklahoma City bombing.

Explanatory notes

A severed left leg was found amongst the wreckage, but was never identified to a victim. It could have belonged to one of the 168 victims, or a 169th victim who was not found.

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Further reading

City of Oklahoma City Document Management (1996). Final Report: Alfred P. Murrah Federal Building Bombing April 19, 1995. Stillwater, OK: Department of Central Services Central Printing Division. ISBN 978-0-87939-130-0.
Crothers, Lane (2003). Rage on the Right: The American Militia Movement from Ruby Ridge to Homeland Security. Lanham, MD: Rowman & Littlefield. ISBN 978-0-7425-2546-7.
Figley, Charles R. (2002). Treating Compassion Fatigue. New York: Brunner-Routledge. ISBN 978-1-58391-053-5.
Giordano, Geraldine (2003). The Oklahoma City Bombing. New York: The Rosen Publishing Group, Inc. ISBN 978-0-8239-3655-7.
Hamm, Mark S. (1997). Apocalypse in Oklahoma: Waco and Ruby Ridge Revenged. Boston: Northeastern University Press. ISBN 978-1-55553-300-7.
Hamm, Mark S. (2002). In Bad Company: America's Terrorist Underground. Boston: Northeastern University Press. ISBN 978-1-55553-492-9.
Hewitt, Christopher (2003). Understanding Terrorism in America: From the Klan to Al Qaeda. London; New York: Routledge. ISBN 978-0-415-27765-5.
Hinman, Eve E.; Hammond, David J. (1997). Lessons from the Oklahoma City Bombing: Defensive Design Techniques. New York: ASCE Press. ISBN 978-0-7844-0217-7.
Hoffman, David (1998). The Oklahoma City Bombing and the Politics of Terror. Feral House. ISBN 978-0-922915-49-1.
Irving, Clive, ed. (1995). In Their Name. New York: Random House. ISBN 978-0-679-44825-9.
Jones, Stephen; Is