Search Party for the Discovery Materials - Timothy McVeigh

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

EFOIA Request

Pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Kyles v. Whitley 514 U.S. 419, 434 (1955); United States. v. Bagley, 473 U.S. 667 (1985) respectively in relation to USAO duties in relation to proper handling of discovery materials / OPR jurisdiction.

I was seeking the release of these estimated 2700-3000 pages of documents cited in the following news articles in relation to the trial of Timothy McVeigh, the Oklahoma City Bomber, relating to potential prosecutorial misconduct under 5 U.S.C 552, 552a.

'An FBI admission that it failed to give certain documents to convicted Oklahoma City bomber Timothy McVeigh's defense attorneys has them considering whether to seek a stay of next week's scheduled execution.'
https://www.cnn.com/2001/LAW/05/10/mcveigh.evidence.02/index.html

'FBI Kept Files From McVeigh's Lawyers

Six days before Timothy McVeigh was scheduled to be executed for the Oklahoma City bombing, the Justice Department yesterday gave his attorneys thousands of pages of FBI documents that officials said were mistakenly withheld before McVeigh's 1997 trial.

The development caught McVeigh's attorneys by surprise, and was the first potential obstacle in what has been a steady march toward Wednesday's execution since McVeigh abandoned his appeals in December and announced he was prepared to die.

Attorney Nathan Chambers said he had spoken to McVeigh after the documents were delivered to his office in Denver. McVeigh's lawyers declined to say whether he would request a stay of the execution.

"Mr. McVeigh is going to think about it and decide how he wants to proceed," Chambers told the Associated Press. Chambers and Rob Nigh, McVeigh's other attorney, did not respond to repeated calls seeking comment.

Justice Department officials said the documents were missed in previous searches of computerized files in FBI field offices around the country, and located only recently during a routine archiving of records. Officials described the error as inadvertent.'
https://www.washingtonpost.com/archive/politics/2001/05/11/fbi-kept-files-from-mcveighs-lawyers/ea3d115c-a75a-41d5-b5be-24835ba36830/

On the basis of the pending appointment of Merrick Garland as the Attorney General of the United States as well systemtic incidents of potential law enforcement misconduct making national headlines, I firmly believe strong public interest exists in the full disclosure of said evidence/documents requested.

'Merrick Garland Faces Resurgent Peril After Years Fighting Extremism
The fallout from the Capitol attack and the shadow of the 1995 '
https://www.nytimes.com/2021/02/20/us/merrick-garland-attorney-general.html

'What Happened With Merrick Garland In 2016 And Why It Matters Now'
'In a speech that August in Kentucky, McConnell would say: "One of my proudest moments was when I looked Barack Obama in the eye and I said, 'Mr. President, you will not fill the Supreme Court vacancy.'
https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now

'Federal Judge Urges a DOJ Probe of Prosecutorial Conduct in Sanctions Case
Judge Alison Nathan said potential disclosure violations by prosecutors weren’t intentional, but a review might help prevent failures in the future.
Judge Nathan on Wednesday asked the government to submit a report within six months concerning disclosures related to the use of information gathered by the FBI through search warrants.'
https://www.wsj.com/articles/federal-judge-urges-a-doj-probe-of-prosecutorial-conduct-in-sanctions-case-11613779171

'Audio Post – The Tip Of An Iceberg: Sexual Misconduct Within The FBI Is Exposed by AP! Investigate The Investigators who are nothing more and nothing less than a bunch of psychopaths, perverts, and child abusers. Abolish the FBI and put the criminal FBI agents in prison where they belong! The present crisis in America is the direct result of the FBI stupidity, treacherous incompetence and malfeasance.'
https://russianewsreview.org/the-tip-of-iceberg-sexual-misconduct-html/

VAUGHN index requested for materials subject to claimed exemptions.

Request for materials to be released on a rolling basis as made available.

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A search of the FBI Public Vault for these records was non-responsive.
This request has gone through the following locations with no responsive records as of today's date:
OIP - Read and acknowledged and sent to DOJ OPR and AG for search.
DOJ OPR - No Responsive Records (Subject to appeal for adequacy of search)
AG- No Responsive Records. Suggested searches (FBI/USAO)
FBI- No records(Subject to appeal for adequacy of search) 5/25/2021
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Respectfully Submitted:

William Fernandes

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Public Interest Fee Waiver requested for News Media.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

William Fernandes

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

William Fernandes