what's the rush?
Everybody's outraged at McVeigh. Everybody wants him dead. I just watched a bit of a debate between Phil Donahue and Pat Buchanan, and Buchanan's emotional pitch was as heightened as if someone had just cooked and eaten his cocker spaniel.
I think we have to look at a lot of the built-in structure of criminal justice (when it's working the way it's supposed to).
When you do jury duty, they ask you things like
* Have you or any member of your family been a victim of a violent crime?
* Is any member of your family a police officer?
* Are you personally acquainted with anyone associated with this case?
And if any of the answers are Yes, you can't serve on that jury.
The idea is that a violent crime very naturally outrages its victims.
But doing justice is purposely set up so that decisions of guilt and innocence and punishment will be made by strangers who aren't boiling over with personal outrage and intense feelings of revenge.
That's why the Sheriff tells the lynch mob that in his town, theyre going to wait for the circuit judge and have a fair trial before they hang anybody.
When decisions about crime and punishment are made in the Buchanan Environment, everybody's encouraged to want blood fast. The first thing that does is blur questions about a fair trial and fundamental guilt and innocence. Beheading first! Trial and verdict later!
This week, even CNN news readers are whispering assurances that the Justice Department's failure to turn over exculpatory evidence before McVeigh's trial wasn't really a substantive matter, nobody expects it to result in a commutation or a new trial, or even a very long delay. Everyone REALLY is geared up for, wants, and fully expects a slightly delayed (that restores Fairness) execution.
In a murder trial, the defense often objects to the prosecution's introduction of grisly photos of the victims, claiming it to be inflammatory. What they mean is -- how hacked up the body is doesn't have anything to do with whether or not the defendant is the guy who did the hacking. But it inflames the jury to scream for blood, and the defendant's is the nearest and most obvious blood to scream for.
Everybody's screaming for McVeigh's blood so loudly that nobody wants to look at the withheld evidence very carefully.
What could it show?
It could show that the FBI threatened McVeigh's family and friends to give false testimony. (It's legal for cops to lie to witnesses and suspects.) If they didn't provide the evidence the FBI wanted, the FBI would threaten to include them in murder conspiracy charges. (The FBI told the Chinese-American physicist at Los Alamos that they were going to do to him what they did to the Rosenbergs.)
Is it possible McVeigh didn't do this bombing, or that his role in the bombing wasn't the central role? I remember in the week after the bombing, FBI spokesmen publicly promising the American people that they would catch the Arab terrorists responsible. And in fact all over the Midwest, the FBI started hauling in Arab-Americans and grilling and threatening them mercilessly. It was living hell to be an Arab-American in the Midwest that month, your American citizenship didn't count for shit.
There's a problem with rushing to snuff McVeigh. The sooner he's dead, the more likely it is that doubt and urban legends and conspiracy rumors about who else was responsible will spread and McVeigh will never be able to address these theories, either to law enforcement, journalists or some eventual independent government commission, like the Warren Commission.
If he lived, would he lie and make up stories about a shadowy guy with government connections named Raul or Abdul?
Maybe. But the truth has ways of being verified.
But dead men tell no tales, false or true.
Already the Internet is full of rumors that the CIA knows the identity of a European guy at the center of the bombing, but had employed him before in counterterrorism operations and is now desperate to conceal their association and involvement with him.
Whacky maybe — but ten years from now, how satisfied will everyone be that McVeigh did it and did it pretty much alone? Especially with the rush to snuff him without a thorough look at the withheld evidence. There are, possibly, larger issues involved — our credibility and trust in the government that's helping us kill him as quickly as possible.
Droog4