FBI
RESPONSE TO KILLING OF VICKI WEAVER IS DISAPPOINTING
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FBI Director Louis J. Freeh announced today the disciplining
of twelve agents for their misconduct in setting up
rules of engagement, shoddily reviewing the incident
that resulted in the killing of Vicki Weaver in Idaho
in 1992, and other management misconduct.
The Director's announcement of numerous instances of
significant managerial misconduct was refreshing because
we rarely get admissions of misconduct. However, the
announcement is disappointing because it left the impression
that the facts surrounding this misconduct, and the
facts surrounding the killing of Vicki Weaver, are still
not being disclosed, and that responsibility for her
killing is not being accepted.
The sanctions imposed upon FBI agents and managers
that involve suspension without pay are significant
sanctions for managerial misconduct.
But could the shooting of Vicki Weaver have been prevented?
If FBI mismanagement and misconduct interfered in the
prevention of her shooting, these sanctions seem to
be hollow. The Bureau continues to insist that Weaver's
shooting was proper, and the proper procedures were
followed because the rules of engagement -- which were
criticized today -- were actually disregarded by the
sharpshooter and his commander. By labeling the shooting
of Weaver as a tragic accident, the FBI is dodging responsibility
for the principal outcome of the incident that the U.S.
Marshal Service and the FBI helped to provoke.
The bureau might criticize its critics as "Monday morning
quarterbacks," but the bureau today concedes that the
FBI's internal "Monday morning quarterbacks" were inept
and dishonest.
The announcement left the impression that the FBI and
its spokesmen are still trying to hide the ball. The
announcement failed to clarify the facts of the case.
For example, Freeh's statement said, "Though the Shooting
Incident Review Team investigation was thorough and
complete, the analysis of the shooting and the conclusions
reached were inaccurate and incomplete. Moreover, the
report of the Shooting Incident Review Group was also
seriously flawed, containing inaccuracies and invalid
conclusions and the process employed to conduct the
review process was inadequately documented." (p.6)
The FBI must make available the full record of its
many reviews and investigations in this case, including
the 500-page report mentioned in the Director's announcement.
Eric E. Sterling, an attorney, was counsel to the U.S.
House Judiciary Committee from 1979 to 1989, where he
was principally responsible for anti-drug legislation
and other anti-crime matters. Since 1989, he has been
President of The Criminal Justice Policy Foundation,
a non-profit center that promotes innovative solutions
to the problems of the criminal justice system.
