Last month, the Justice Department asked a judge to pause a lawsuit seeking records about the FBI’s involvement with the Oklahoma City bombing. But in doing so, the DOJ and the FBI made statements so misleading they merit sanctions, according to the plaintiff in that case, Utah attorney Jesse Trentadue.
The deception spotted by Trentadue stems from a Freedom of Information Act lawsuit he filed against the FBI in February, seeking records about Roger Edwin Moore, who was a CIA asset, an FBI informant and a business associate to OKC bomber Tim McVeigh; as well as for records about the Aryan Republican Army, a neo-Nazi bank-robbery gang also involved in the attack.
Trentadue filed the lawsuit after waiting nine years for the FBI to process his FOIA request for those records. Despite that long wait, the FBI then asked a federal judge for another nearly 12 years to release the records he seeks.
Then, last month the bureau represented to a federal judge that many of the records Trentadue wants are already on the FBI’s website. But according to Trentadue, that’s a lie.
The FBI tried to tell Jesse Trentadue the stuff he was requesting was "all on our website" - so we looked at what was on the website. Turns out, they were lying. Imagine my shock. pic.twitter.com/n3KaUdSAKT
— Richard ✞ (@okc_facts) July 23, 2024
“That statement is so misleading as to merit sanctions. The BOMBROB records posted by the FBI, for example, consist of just 5,514 pages, not the 36,795 pages of responsive documents that the Bureau claims to possess,” Trentadue said in a Tuesday court filing, responding to the FBI’s request to pause his lawsuit. BOMBROB was FBI’s investigation of the ARA.
“More importantly, of these 5,514 pages, only 51 pages reference McVeigh. Similarly, the FBI’s website contains just 229 pages of records on Roger Edwin Moore, not the 31,129 pages of responsive records that the Bureau claims to have located, and none of these records involve Moore’s participation in Operation Punchout,” Trentadue added, referencing the FBI operation in which Moore served as an informant.
Trentadue also took issue with the FBI telling the judge that he agreed to receive records at a rate of 500 pages per month, which would mean it would take about 12 years to receive them all. Trentadue explained that he initially was OK with receiving 500 records per month on a rolling basis nearly a decade ago—as opposed to waiting for the FBI to gather all the records and send them in one batch.
“Plaintiff agreed to receiving the document sin 500-page increments on a CD as they were processed, whereby he would not have to wait until all of the records were processed before receiving them,” he explained in his Tuesday filing. “Plaintiff NEVER agreed to the FBI processing the documents at the rate of only 500-pages per month.”
For Trentadue, dealing with DOJ/FBI deception is nothing new. For instance, in a separate lawsuit seeking surveillance footage of the OKC bombing, a federal judge is investigating allegations that the FBI tampered with one of his witnesses. Trentadue referenced that ongoing scandal in his Tuesday response to the FBI.
“It can fairly be said that the only difference between the FBI and Russian KGB is that the KGB never claimed to be a legitimate law enforcement agency. It can also be fairly said that in cases such as this involving an overarching specter of government malfeasance, the FBI has been and will be anything but honest and candid with the court,” he said.
Trentadue wants the presiding judge to order the FBI to give him records at the rate of 5,500 pages per month.
In his Tuesday filing, he noted that the 30th anniversary of the OKC bombing is this April. He argued that there’s immense public interest in that case, and attached two articles written by this reporter as evidence of that. To Trentadue’s point, Headline USA’s article about his initial lawsuit in February is currently the third-most viewed story on the site in 2024.
Jesse Trentadue attached 2 of my articles as court exhibits in his ongoing FOIA lawsuit against the FBI.
— Ken Silva (@JD_Cashless) July 24, 2024
The articles are evidence that there's immense public interest in the Oklahoma City bombing -- meaning the FBI must release the records he seeks ASAP! pic.twitter.com/NdDBQOtpF2
“The court should deny the FBI’s motion to stay and commence with the BOMBROB request because of the upcoming anniversary of the Oklahoma City Bombing … The court should also order the FBI to process the records at the rate of 5,500 pages per month with interim month-end releases of the documents processed during each month, which will result in Plaintiff receiving all of the records in about 13 months instead of 11-plus years,” he said.
It’s not clear when the judge might decide on the matter.
Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.
