[Congressional Record Volume 148, Number 10 (Friday, February 8, 2002)]
[Senate]
[Pages S540-S541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            MORNING BUSINESS

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                               RUBY RIDGE

  Mr. SPECTER. Mr. President, I have sought recognition to report on 
what may be the concluding chapter of the tragic incident at Ruby Ridge 
where the Bureau of Alcohol, Tobacco and Firearms and the FBI had a 
standoff with Randy Weaver which resulted in the death of his wife and 
the death of his son Sammy Weaver and the death of a deputy U.S. 
marshal.
  The Judiciary subcommittee which I chaired conducted extensive 
hearings on this matter back in 1995. At that time we developed the 
facts that Randy Weaver was sought out by agents from the Bureau of 
Alcohol, Tobacco and Firearms unit to be an informant. And they sought 
to buy from him two sawed-off shotguns which he did provide. Then they 
threatened him with criminal prosecution unless he would be an 
informant. When he refused to do that, a criminal prosecution was 
initiated.

[[Page S541]]

  Process was not served on Randy Weaver, and the process server 
thought they had given him notice of the trial. But that led to the 
issuance of a warrant of arrest, and Randy Weaver resisted on the 
mountaintop. That led the Bureau of Alcohol, Tobacco and Firearms unit 
to come to try to compel the arrest. A fire fight ensued, where Deputy 
Marshal Degan was killed; where Sammy Weaver, age 14, was killed in an 
incident involving Sammy Weaver's dog, a very tragic setting. Then the 
FBI came in with their hostage rescue team and Randy Weaver's wife was 
killed.
  The case went to trial in the Federal court against Randy Weaver, 
which found him guilty on lesser charges but concluded that Randy 
Weaver had, in fact, been entrapped.
  During the course of the extensive hearings before the Judiciary 
subcommittee, it was developed that while Randy Weaver was certainly at 
fault in providing these two sawed-off shotguns, that he had in fact 
been entrapped and that it was totally inappropriate conduct by the 
Bureau of Alcohol, Tobacco and Firearms in mounting this assault on 
Randy Weaver and his family.
  During the course of these hearings, FBI Director Louis Freeh 
conceded that the FBI had violated Weaver's constitutional rights in 
their use of deadly force, and the FBI changed those practices. John 
Magaw, who was the Director of the Bureau of Alcohol, Tobacco and 
Firearms, steadfastly defended the propriety of what BATF had done in 
the face of what the subcommittee found to be overwhelming evidence of 
impropriety on the part of the BATF.
  Recently President Bush nominated Mr. Magaw to be an under secretary 
for the Department of Transportation for airport security.
  And that led Senator Craig, who sat with the subcommittee--although 
not a member of the subcommittee--and myself to have a meeting with Mr. 
Magaw to review his conduct and his attitude on BATF at Ruby Ridge. 
During the course of those discussions, we went into the matter in some 
detail. When Mr. Magaw had his hearing on December 20, I questioned him 
at length before the Commerce subcommittee. Although not a member, I 
received the acquiescence of the Commerce Committee and the 
subcommittee to question Mr. Magaw. We went through the facts.
  Mr. Magaw said at that hearing that if he had it all to do over 
again, he would, in effect, concede that the BATF unit had made serious 
mistakes in their conduct there. Notwithstanding some reservations that 
I personally had about Mr. Magaw's judgment, even in the face of this 
concession, it seemed to me that when we have the major problems of 
airport security in the United States today, and the President wanted 
Mr. Magaw, had personally interviewed him, and I discussed the matter 
at length with Secretary of Transportation, Norman Mineta, who wanted 
Mr. Magaw confirmed. That was the last day of the session. I decided 
not to put a hold on Mr. Magaw. I thought, in fact, he would be 
confirmed in what we call wrap-up. But somebody else put a hold on, not 
me. He was not confirmed.
  The President made an interim appointment. After we reconvened in 
January, Mr. Magaw has been confirmed by the Senate. I have taken these 
few minutes to put on the record what I think is a very important 
concession from the then-Director of the Bureau of Alcohol, Tobacco and 
Firearms, that his unit did not act properly.
  We have to recognize, in my opinion, that when congressional 
oversight finds serious errors and serious problems with the 
administrative branches, that there be a sincere effort to correct 
them, and to the credit of the FBI and Louis Freeh, that concession was 
made. They changed their policy on the use of deadly force. Now we have 
on the record at these hearings in the Commerce Committee that then-
Director Magaw conceded the errors and elaborated on changes which he 
had made in BATF procedures.
  I yield the floor.

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