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Exclusive: Jayna Davis, The Third Terrorist

Overview of Rohrabacher's hapless investigative inquiry

By Jayna Davis

Friday, December 29, 2006

"It is my honest opinion that if the Department of Justice and the federal investigative agencies had not ignored Jayna Davis and instead accepted the mass of creditable evidence compiled by her, indicating direct Middle Eastern involvement in the bombing, the course of future events may have been altered.  Had those investigators taken their duty seriously and followed up on the investigation of that information, it is entirely likely that the Twin Towers would still be standing."--Attorney David Schippers, former federal prosecutor who served as the House chief investigative counsel for the 1998 impeachment trial of President Bill Clinton.

  Congressman Dana Rohrabacher's inquiry into the 1995 Oklahoma Bombing has been billed as an independent examination of a possible foreign connection, but in reality, has amounted to nothing more than the fruitless pursuit of repudiated conspiracy theories.  

In early 2005, Rohrabacher publicly announced that he was looking into the evidence set forth in my book, The Third Terrorist: The Middle East Connection to the Oklahoma City Bombing, which documents the sworn testimonies of twenty-two eyewitnesses who implicated a Middle Eastern terrorist cell aiding and abetting Timothy McVeigh and Terry Nichols in the plot to destroy the Alfred P. Murrah Building. 

Yet, much to my bewilderment, the congressman has not yet demanded that the FBI fully investigate the multiple sightings of Iraqi Republican Guardsman Hussain Al-Hussaini in the presence of Timothy McVeigh prior to the bombing, exiting the bomb-laden Ryder truck the morning of April 19, and escaping the ill-fated Murrah Building in a getaway vehicle pursued by the FBI in an all-points-bulletin issued for Middle Eastern terrorists.  

More significantly, two federal court rulings establish that this Iraqi soldier has no provable alibi for the morning of the bombing.   Yet, Congressman Rohrabacher has expended most of his investigative energy and dollars chasing decade-old phantoms and empty leads, trying to implicate dead or imprisoned suspects that were officially cleared by the government years ago.

Here is his angle of research in brief: Rohrabacher primarily focused upon two groups of suspects with anti-government views.    The first alleged culprit was German national Andreas Strassmeier.  Strassmeier formerly served as a security officer for Elohim City, a white-separatist religious compound located in eastern Oklahoma. Rohrabacher expressed to me on a number of occasions his belief that Strassmeier could have been a government informant in a sting operation gone awry.   However, the FBI informed the congressman in writing that Strassmeier was never an employee of the U.S. government.

The second group of suspects that Rohrabacher pursued included jailed members of the Aryan Republic Army who perpetrated a host of Midwestern bank robberies during the early 1990s.

Despite two years of investigation, Rohrabacher could not make the connection between these neo-nazi suspects and the 1995 Oklahoma bombing.  But he is not alone in his futile venture.  The FBI, with hundreds of investigators and millions of dollars in resources, failed to establish a link as well. 

But you can't fault the FBI for a lack of trying. The Bureau conducted 25,000 witness interviews in a Herculean effort to tie the neo-nazi suspects to the Oklahoma City bombers.  After all, they were cut from the same cloth as Timothy McVeigh and Terry Nichols.  They would have fit the profile of anti-government, angry white males who were capable of avenging their hatred of the establishment by destroying a federal building.  

Collaring a militiaman from the Aryan Republican Army gang of bank robbers or German national Andreas Strassmeier would have satisfied the public demand to apprehend the infamous John Doe 2, the man who was the target of the greatest international manhunt of the 20th century. After investigating this terrorist attack for more than a decade, I have concluded that the FBI desired to arrest McVeigh's accomplice only if he was Caucasian, not foreign. 

Rohrabacher's insistence to pursue debunked conspiracies despite no proof

A string of court rulings and a book authored by the lead investigator for the FBI Oklahoma Bomb Task Force establish that the most prodigious federal investigation in U.S. history failed to uncover any evidence implicating Andreas Strassmeier, residents of Elohim City, and the band of Midwest bank robbers.

Despite the Bureau's comprehensive investigation, it could not produce one eyewitness account, fingerprint, motel registration log, or phone record linking these alleged conspirators to "any overt act in the commission of the crime."

Moreover, in 2004, FBI agents were forced to testify under oath during Terry Nichols' Oklahoma murder trial that the Aryan gang of bank robbers, Andreas Strassmeier, and his former neighbors at Elohim City all have provable alibis and have been officially cleared of suspicion by the FBI. Therefore, the presiding judge ruled that this avenue of research amounted to nothing more than "hyperbole and a dry hole."

Rohrabacher ignores definitive court ruling which repudiates findings in his final report

The Oklahoma court's 2004 ruling that established there was no proof to support the rightwing conspiracy theories was conspicuously absent from Rohrabacher's final report on the Oklahoma City bombing.   In my opinion, this omission is both flagrant and deliberate.   I say that because I informed the congressman about the court's repudiation of the neo-nazi conspiracy theories during several recorded phone conversations in 2005.

Rohrabacher's record casts doubt upon his motives

Congressman Rohrabacher's personal inquiry into my research has been cursory, limited to a phone conversation with the former CIA Director Jim Woolsey and brief interviews with only two of my witnesses, whom he has publicly described as "credible."

In Summer 2005, bombing convict Terry Nichols told Rohrabacher in a face-to-face interview that the substance of evidence outlined in The Third Terrorist "could be correct." Upon exiting his prison meeting with Nichols, the congressman told me in a recorded phone conversation that I had developed "the heaviest evidence of foreign complicity," yet my 368-page copiously documented book warranted only five paragraphs in his final report, neglecting to mention any and all major elements of my investigation.  

In Spring 2005, I complied with the congressman's request to draft twenty questions and a list of evidentiary exhibits to subpoena from the FBI.  Nearly two years have passed, Rohrabacher has issued his final report on the Oklahoma bombing, and not one of my submitted questions was posed to the Department of Justice.

In May 2005, Chicago lawyer David Schippers, a former federal prosecutor who served as the House chief investigative counsel for the 1998 impeachment trial of President Bill Clinton, conducted videotaped interviews with the principal witnesses featured in The Third Terrorist. Afterward, Mr. Schippers shared his evaluation with Congressman Rohrabacher and several high-ranking congressional leaders stating that the credibility of the witnesses could deliver an indictment against the Iraqi soldier accused of assisting Timothy McVeigh with just "one day of testimony."

Did Congressman Rohrabacher then fly to Oklahoma to view the witness interviews?  He did not. Did he fly David Schippers and me to Washington, D.C. to view the witness interviews? He did not.

Instead, Rohrabacher found the financial resources to fly himself and his family to Germany to execute on a dead-end search for Andreas Strassmeier. Upon returning, he flew with several staff members to the Philippines to track down empty leads regarding allegations posed by dead witnesses. Yet he could not afford plane fare to bring attorney David Schippers and me to Washington to present more than a dozen witness interviews before members of his subcommittee.

Rohrabacher made no attempt to speak with retired FBI Special Agent Dan Vogel who took possession of my twenty-two sworn witness affidavits that were later withheld from the defense teams for McVeigh and Nichols.  

Such an act could constitute obstruction of justice because the evidence contained in those sworn statements mitigated the roles of the bombing defendants to button pushers, not masterminds of this heinous crime.

More importantly, I suggested to the congressman that his probe would yield an investigative coup by declassifying intelligence reports and alerts issued by the U.S. Congressional Task Force on Terrorism and Unconventional Warfare.  As former co-chairman and a member of the Congressional Task Force, Chairman Rohrabacher retained the authority to unseal the spring 1995 warnings. 

I possess portions of those warnings which predicted, weeks before the zero hour of 9:02 A.M. on April 19,  that Iran-sponsored Islamist terrorists had recruited "two lily whites" (i.e. Timothy McVeigh and Terry Nichols) to carry out the bombing of an American federal building somewhere in the "heart of the U.S."

Once again, Rohrabacher ignored my request. As a result, the prior warnings that strongly suggest foreign state sponsorship of the largest U.S. terrorist attack before September 11, 2001 remain conspicuously absent from the Rohrabacher's final bombing report.  

Iraqi suspect's foreknowledge of 9-11 ominously omitted from Rohrabacher's findings

Confidential psychiatric records confirm that in 1997, Hussain Al-Hussaini, the Iraqi Republican Guardsman whom witnesses named as McVeigh's principal accomplice, made a foreboding prediction about a future event to take place at Boston Logan International Airport, the point origin for two of the four hijacked flights that slammed into the World Trade Center on September 11, 2001.  Rohrabacher egregiously omitted this startling revelation from his final report - evidence which establishes that the Iraqi suspect might have harbored foreknowledge of the Al-Qaeda plot, four years before Black Tuesday.  

The congressman cannot explain why the man who has been implicated as a key participant in the Oklahoma City bombing later suffered anxiety so acute regarding his airport job at Boston Logan International that he checked into a psychiatric hospital to seek treatment for recurring panic attacks.  When asked about the source of his trepidation, he told his therapist "if something happens there, I will be a suspect."

Was Al-Hussaini's hysterical prediction a bizarre coincidence or a clear indicator of terrorist complicity?  At the time he made these shocking statements to his psychiatrist, he was residing with two former Iraqi Gulf War veterans who provided food catering services for the commercial airlines at Boston Logan.  

It is important to note that in the wake of the 2001 aerial suicide attacks, law enforcement speculated that food services workers, who were cleared for unlimited access to secured areas, could have easily planted box cutters aboard the doomed flights.

Could Al-Hussaini's apprehension about something sinister that might occur at Boston Logan Airport constitute the "silver bullet" that National Security Advisor Condi Rice assured the 9-11 Commission did not exist prior to the September 2001 attacks? 

Attorney David Schippers answers that question unequivocally in the introduction to The Third Terrorist.

"It is my honest opinion that if the Department of Justice and the federal investigative agencies had not ignored Jayna Davis and instead accepted the mass of creditable evidence compiled by her, indicating direct Middle Eastern involvement in the bombing, the course of future events may have been altered.  Had those investigators taken their duty seriously and followed up on the investigation of that information, it is entirely likely that the Twin Towers would still be standing."

Sadly, the congressman did not consider this disturbing evidence which establishes the nexus between 4:19 and 9:11 relevant to his two-year inquiry. 

Summary of Rohrabacher's notable failures to conduct a legitimate probe of The Third Terrorist

Rohrabacher has refused to pose any questions to the FBI regarding the Islamic connection presented in The Third Terrorist, including the evidence that refutes Hussain Al-Hussaini's alibi.  He has not demanded the FBI explain why it failed to investigate affidavits from witnesses who positively identified Al-Hussaini delivering the 48-hundred pound fertilizer/fuel oil bomb to the doomed Murrah Building.  Even more shocking is Rohrabacher's decision to ignore the disappearance of those sworn statements from the FBI Oklahoma City field office where FBI Special Agent Dan Vogel took custody of them in 1999.  

Rohrabacher has refused to declassify the Congressional Task Force warnings that indicate Iran sponsored the bombing  of an American federal building in 1995.

And finally, he has refused to pay for my plane fare to Washington, D.C. so that he could review recorded interviews with the majority of the confidential witnesses featured in The Third Terrorist while ensuring their anonymity and security.   

Statements of undisputed fact that Rohrabacher cannot refute

I say without compunction that Congressman Rohrabacher has issued a shamefully incomplete report on the Middle Eastern connection to the Oklahoma City bombing, and in so doing, has performed a grave disservice to the truth and the slain of April 19, 1995. 

After a two-year investigation, it is inexcusable that Chairman Rohrabacher has uncovered nothing to refute the following undisputed facts:

1. More than a decade has passed, and to this day, the FBI has refused to issue an official on-the-record statement exonerating Hussain Al-Hussaini. Why has the Bureau declined Al-Hussaini's publicly broadcast requests to clear him as a suspect in the worst act of mass murder in the annals of American criminal history?  

The Bureau has publicly cleared dozens of men who were collared and     questioned because they bore a slight resemblance to the sketch of John Doe 2. Hussain Al-Hussaini remains the exception to the rule.

2. Rohrabacher has not established the alibi of the man whom multiple witnesses have identified as John Doe 2.

3. The FBI has not explained why it refused to question Hussain Al-Hussaini about his location when the bomb destroyed the Murrah Building.

4. Federal court records reveal that the FBI previously suspected Hussain Al-Hussaini's Oklahoma City employer of ties to the Palestinian Liberation Organization.

5. The FBI has refused to surrender to Congress the original motel registration logs which corroborate the testimony of witnesses who claim Timothy McVeigh rented a room in the company of an Iraqi associate of Hussain Al-Hussaini on the eve of the bombing.  

6. The FBI took custody of the brown Chevrolet pickup that witnesses claim carried Middle Eastern suspects from the bomb site.  The Oklahoma City police found fingerprints inside the recovered truck.  However, those prints were not compared to the immigration files of the three Middle Eastern nationals, whom witnesses observed in that getaway vehicle before, during, and after the bombing. Why?

7. Congressman Rohrabacher has not compelled the Department of Justice to explain why it failed to investigate the twenty-two witness affidavits that I delivered to FBI Special Agent Dan Vogel.  Those affidavits were never turned over to the lawyers for McVeigh and Nichols and are now classified as "missing" by the FBI. Why?  

8. The intelligence reports and prior warnings issued by the Congressional Task Force on Terrorism and Unconventional Warfare that predicted an Islamic attack in the "heart of the U.S." remain classified.  These documents have never been investigated as an indicator of Iranian state sponsorship of the 1995 bombing of the Alfred P. Murrah Building.

Why Rohrabacher's Oklahoma City bombing report betrays the truth

In summary, the FBI has been unable to connect the citizen militia movement, neo-nazi bank robbers, Elohim City white supremacists, or alleged government informants such as Andreas Strassmeier to the 1995 heartland bombing. 

Linking an examination of these baseless theories that the courts have dismissed as a "dry hole" with the solid evidence of Middle Eastern complicity, effectively taints the Islamic connection by association.  It's the proverbial saying, "throwing the baby out with the bath water."

Congressman Rohrabacher's misguided belief that homegrown terrorists have escaped justice in the slaughter of 171 men, women, and children, turned up no hard proof in his congressional investigation, despite his two-year effort.

His decision to ignore the most important facts raised by my investigation is reprehensible.  By his acts of omission, Rohrabacher has allowed the FBI to get away with a horrible injustice concerning credible and willing witnesses who solidly identified Arab men in critical phases of the bombing plot.

The fact that an FBI Agent, Dan Vogel, of the Oklahoma City field office stated emphatically that he personally took possession of sworn witness affidavits that I delivered to him, but later those documents went missing, made no difference to Rohrabacher. Instead, he gave the Bureau a pass.

The victims of the Oklahoma City bombing deserve better, and no matter how often the FBI boasts about dedicating thousands of man hours and hundreds of agents to the aggressive pursuit of all leads in this case, I can present one of their own, a twenty-eight year veteran agent, who can attest to the Bureau's investigative negligence when failing to follow up on the evidence set forth in The Third Terrorist.