JONES, WYATT & ROBERTS PRIVILEGED AND CONFIDENTIAL MEMORANDUM ATTORNEY WORK PRODUCT ATTORNEY/CLIENT COMMUNICATIONS TO: STEPHEN JONES FROM: ROBERT WARREN SUBJECT: STATEMENTS OF MICHAEL FORTIER DATE: OCTOBER 21, 1996 Michael Fortier has had numerous meetings with Joseph Hartzler, other attorneys and federal agents. As a result of his meetings, he decided to plead guilty to 1) a charge that he conspired with Timothy McVeigh and Terry Nichols to transport an interstate commerce and sell stolen firearms having reasonable cause to believe that they were stolen; 2) he will plead guilty that he transported stolen firearms in interstate commerce on or about December 17, 1995, having reasonable cause that the firearms were stolen; 3) he will plead guilty to making a materially false statement in the matter of the jurisdiction of the Department of Justice by falsely denying to federal agents, FBI agents, that he had knowledge of the plans of McVeigh and Nichols to bomb the federal building in Oklahoma City; 4) he will plead guilty to concealing and not making known as soon as possible to a person in civil authority under the United States his knowledge of the actual commission of a felony cognizable by the Courts of the United States, that is the bombing of the federal building in Oklahoma City. Under the terms of his agreement, the maximum statutory penalty for all four offenses combined is 23 years in prison and $1 million in fines. The United States will evaluate his testimony and if it determines in its sole discretion that Mr. Fortier has rendered substantial assistance to the investigation and prosecution of Tim McVeigh and Terry Nichols, the United States will file a motion seeking a downward departure from the sentencing guidelines. Additionally, as part of his agreement, if he cooperates fully, no additional criminal charges will be filed against him by the State of Oklahoma. At the time of Mr. Fortier's statements, he was 26-years-old and resided in Kingman, Arizona. Mr. Fortier was married with one child and his wife was expecting a second. Mr. Fortier first met Tim McVeigh at Fort Benning, Georgia in 1988 when he was stationed there for three months. After completing basic training at Ft. Benning, Georgia, he was transferred at Ft. Riley, Kansas where he remained for three years until May of 1991 and he was then discharged from the Army. While at Ft. Riley, Kansas, Tim McVeigh and Michael Fortier were in the same platoon. After Mr. Fortier was discharged from the Army in May, 1991, he did not have any subsequent contact with Tim McVeigh until approximately late 1992. This first contact involved Tim's mailing a book to Michael Fortier which was entitled "Detaxing America." The next contact Mr. Fortier had with Tim McVeigh occurred in the Spring of 1993 when Tim McVeigh appeared at Mr. Fortier's house in Kingman, Arizona. This visit lasted approximately one week during which time Tim McVeigh stayed in the spare bedroom in the front of the Michael Fortier's trailer. During this period of time, it was Michael Fortier's understanding that Tim McVeigh was self-employed, traveling around the country from one gun show to another selling weapons and other miscellaneous items. This visit in early 1993 by Tim McVeigh occurred just after the Waco conflagration on April 19, 1995. During Mr. McVeigh's visit with Michael Fortier at that time, Tim told Michael Fortier that he had been visiting with Terry Nichols in Michigan and they had intended on traveling to Waco to protest what was occurring there. They were getting into their vehicle or just getting ready to leave when the fire started at Waco. When the fire started, the trip to Waco was aborted. Tim McVeigh also related to Michael Fortier during this visit that he had been at Waco prior to the fire (apparently during the siege). During this visit, Tim appeared very upset at what had occurred in Waco, he felt that the people were murdered by the federal government, particularly the BATF. After Tim's one week visit with Michael Fortier, he periodically showed up at Michael Fortier's trailer and stayed there for short visits. To the best of Michael Fortier's recollection, Tim McVeigh moved to Kingman, Arizona, where he resided in a trailer park. After moving to Kingman, Michael Fortier would see Tim McVeigh approximately once per week. Michael Fortier had begun working for True Value Hardware in early Spring, 1993, and when Tim McVeigh eventually moved to Kingman, the first job he obtained was working for State Security Services. Tim McVeigh lived in Kingman for only a "couple of months" and then went to Michigan. Upon arriving in Michigan, he began to live at the Nichols' farm. Michael Fortier was acquainted with Terry Nichols because Terry had also started basic training with Tim McVeigh and Michael Fortier at Ft. Benning, Georgia and subsequently went to Ft. Riley, Kansas. While at Ft. Riley, Kansas, Terry Nichols was in a different platoon than Tim McVeigh and Michael Fortier. Michael Fortier recalled that Terry Nichols and Tim McVeigh arrived from Michigan in early 1994 and rented a home in Golden Valley. (Michael Fortier is somewhat unclear about whether Terry resided with Tim McVeigh in Golden Valley or Kingman. He seems to place Golden Valley in the Kingman area.) Tim McVeigh resided at the block home in Golden Valley/Kingman until approximately June of 1994 for a total of 4 or 5 months. After vacating his rented home, Tim McVeigh resided with Michael Fortier until approximately August, 1994. During this period time, he was chiefly employed at True Value Hardware store as was Michael Fortier. Michael Fortier had been employed as a bookkeeper at the time and Tim McVeigh worked as a laborer in the yard. During this period of time in 1994, Tim McVeigh also briefly was employed by Cotter and Company where he worked "under the table" doing landscaping work. During the period from Spring, 1994 until August, 1994, Michael Fortier estimated that he saw Tim McVeigh approximately twice a week and when they both worked at True Value Hardware Store, they would see and speak more frequently. During this period of time, Michael Fortier perceived that Tim was having problems adjusting to his new locations. He had a hard time working under supervisors, feeling that he was more intelligent than his supervisors. Additionally, the Spring of 1994, Tim McVeigh related to Michael Fortier that he believed the United States had declared war on the American citizens and were actively stealing our rights away. Tim urged Michael Fortier not to pay taxes--he told him that he had not paid taxes for a while and would not pay taxes. While Michael Fortier was visiting Tim McVeigh's block home in Golden Valley, Arizona, Tim showed Michael an ammo can with an inert hand grenade. Tim explained to Michael Fortier how the grenade could be converted back to a "live grenade" and he also showed Michael Fortier the components that could be used to construct a pipe bomb. On another occasion during this time frame (Spring, 1994-August, 1994), Tim McVeigh and Michael Fortier had gone into the hills to shoot their weapons. When they were out "in the hills", Tim McVeigh produced a pipe bomb and detonated it. Shortly after leaving the Kingman area in 1994, Michael Fortier received a letter from Tim McVeigh indicating that he and Terry Nichols had decided to take action and invited Michael Fortier to help them with their action. The letter additionally stated that if Michael agreed to do this that he would not be able to tell his wife about the plans. Michael Fortier then showed the letter to his wife. Michael Fortier responded to the letter by handwriting a response to Tim McVeigh about what Tim meant about "taking action" and that he did not like to keep secrets from his wife. As was Michael Fortier's custom with letters, he threw out the letter that he had received from Tim McVeigh inviting him to action. While on the subject of letters, Michael Fortier recalled another occasion where Tim McVeigh had mailed him a letter and asked him to send an enclosed letter to another individual without touching it. The letter was sealed in a plastic baggy. Michael Fortier could not recall to whom the letter was sent other than he believed it was going to a man known as "Bob" and that the letter's destination was in Arkansas. Shortly after receiving the correspondence from Tim McVeigh indicating that he should send a letter to Arkansas, Michael Fortier recalled that Tim McVeigh traveled back to Kingman and stayed at his home for several days to a week. During this visit, Tim McVeigh asked Michael Fortier to help him with an offensive action and Michael Fortier would take action the day there was a U.N. tank sitting in his front yard. Michael Fortier felt that this statement was his way of expressing to Tim that he would not help him with whatever he was thinking of doing. Shortly after this visit with Michael, Michael again met Tim McVeigh--in the desert at an area where Tim and Terry were waiting for him. During this visit, Tim related to Michael that Terry was upset with Tim because they were using all of Terry's money for motels, food, etc., and Terry felt that Tim was freeloading. During this conversation, Tim also expressed to Michael Fortier that they were thinking of robbing a man named Bob in Arkansas to replenish their money supply. When Tim related these plans to Michael Fortier, Terry Nichols was out of earshot. It was Michael Fortier's understanding that Tim had spent some time at Bob's house and that they had become friends. Tim explained that they had selected Bob for robbery because the last time Tim had been with Bob, Bob told Tim that he kept a list of names, and that if he ever got in trouble with the law, he would use that list as a bartering piece. Tim believed that Bob was a traitor. Tim also felt that Bob was a worthwhile target for robbery based on the amount of valuables that he had. There appeared to a personality conflict between Tim McVeigh and Bob in Michael Fortier's opinion and Tim McVeigh referred to Bob as a "fat fuck." Tim felt that Bob was a overbearing person who liked to have control of the conversations. In September or October, 1994, Tim McVeigh contacted Michael Fortier and instructed him to locate a storage locker outside of Kingman. Michael Fortier attempted to and failed. When receiving his instructions from Tim, Tim advised him to use his own name. Michael Fortier was aware at this time that Tim McVeigh had used an alias because he had occasionally picked up mail at his mail box and had noticed that Tim was receiving mail addressed to Tim Tuttle. Michael Fortier unsuccessfully attempted to find a vacant storage locker in Golden Valley, Valentine and Hackberry, Arizona. Several days after receiving the phone call, Tim McVeigh showed up at Michael Fortier's house and when the subject of the storage shed was discussed and Michael Fortier's inability to locate one, Tim said "That's okay. We've already got one." Michael Fortier believed that Tim was referring to Terry Nichols. Later (it is not clear about the time frame, but apparently within a couple days) Tim McVeigh and Terry Nichols showed up at Michael Fortier's house at approximately 9:00 at night. They all drove to a set of storage units and inside one of them Tim showed Michael Fortier explosives that had been stolen from a quarry in Kansas. After seeing the explosives, Michael asked Tim if Tim and Terry would like to sleep in his front bedroom. Apparently they had been sleeping in the desert until that time. Tim accepted and Terry declined. When staying with Michael Fortier on this occasion, Tim explained the details of the quarry robbery. It was Michael Fortier's understanding that Tim and Terry had robbery the quarry and within a day or two had called Michael Fortier asking him to locate a storage unit. It was Michael's impression that they were in a rush to get from Kansas to Arizona as Terry almost got into an accident and he almost got stopped by a highway patrolman. Among the explosives that Michael Fortier saw personally was blasting caps, kinepak and a sausage-like material. Shortly thereafter (another evening) at Michael Fortier's house, Tim McVeigh told Michael Fortier that he wanted to convert a vehicle into a bomb in that he would use the kinepak and sausage-like explosives to ignite 55 gallon drums of ammonium nitrate and anhydrous hydrazone mixture. Tim McVeigh drew a diagram of how he was going to construct the bomb. He stated that he would drill a hole from the cab of the truck into the back area of the truck and that he was going to run a fuse through there and light it with a lighter. Tim McVeigh indicated that he had selected Oklahoma City for the fact that the agents and the orders that came out of the building were responsibility for the tragedy at Waco, Texas. Tim McVeigh was aware that it was a federal building. Tim indicated that Terry was going to help him mix the chemicals, buy all the ingredients and help him get to and away from Oklahoma City. Tim indicated that the ratio of ammonium nitrate to fuel was 5 to 1. Michael Fortier related Tim's explanation of the purchase of ammonium nitrate by stating that Tim and Terry were using Terry's truck to pick up the ammonium nitrate, however, Terry was a bad liar so Tim had to handle the ammonium nitrate purchases. Michael Fortier was not aware of how large the bomb was going to be; however, Tim had told him that the purchase of anhydrous hydrazone would cost about $1,200. Michael Fortier further related Tim's reasons for blowing up the Murrah Building as stating that Tim wanted to wake up America to the danger of our federal government and their intrusions on our rights. He was hoping to accomplish some type of a general uprising of a public, a cry out against the federal government. He planned to detonate the bomb at about 11:00 a.m. on April 19. One morning shortly after Michael Fortier saw the explosives at the storage locker, Tim and Terry came to Michael's house at 9 or 10 a.m. Terry was standing next to his parked pickup and Tim showed Michael the sausage-like explosive and explained that one can simply split the sausage and stick a blasting cap into it. Tim and Terry also had a milk jug full of ammonium nitrate and some fuel. Tim explained that he was going to try and use a blasting cap to ignite ammonium nitrate and he wanted to test one of the kinepaks. Terry Nichols was standing along side during this conversation. Shortly thereafter, Terry and Tim left Michael's property to go into the desert and test the explosives. Later in the day, Tim McVeigh appeared at Michael Fortier's house and said that the explosives had all gone off as intended, however, the blasting cap did not ignite the ammonium nitrate. After this test, it was Michael Fortier's belief that Terry Nichols went to Las Vegas and Tim stayed at his house for approximately one week. Upon Tim's return, Tim explained that he intended to dress up in Harley gear and was going to race track and buy some anhydrous hydrazone and that he needed about $1,200. Michael Fortier first learned of the robbery of Roger Moore through a phone call from Tim McVeigh. Tim McVeigh advised him "It's code red." He wanted Michael to call him back and gave him a number to call back. Michael Fortier believed that he was calling Buffalo or near Buffalo. In the subsequent phone call, Tim McVeigh explained that he thought Bob Millar would send a private investigator to Kingman to see if Tim was out there or to see if any of the weapons showed up. Approximately the 12th or 13th of December, Michael Fortier received a phone call from Tim McVeigh asking Michael if he wanted to make some money. During the course of the conversation, Michael Fortier believed that he was going to make $10,000. On the 14th of December, Tim McVeigh met Michael and Lori in a motel room. The motel was the one right next to Holiday Inn on East Andy Divine in Kingman. During this meeting, Tim McVeigh gave Michael Fortier an AR15 with a collapsible stock in exchange for a mini-14 stock. Tim McVeigh took some blasting caps out of a large box and packaged them into two smaller boxes. He asked Lori Fortier to wrap the boxes to make them look like Christmas presents. He said that he intended to take the blasting caps to Michigan and sell them for $2,500 per box. Tim also gave the Fortier's some silver coins and bicentennial coins. Tim explained to the Fortiers how Terry robbed Roger Moore. Michael stated that he was told that Terry parked his vehicle out on the road. (Tim drew a diagram.) Terry hid behind Bob's shed or garage and when Bob came out to get his newspaper in the morning, Tim met him. Terry was dressed in camouflage; with a mask and books. He has a pistol-grip shotgun. Bob was ordered back into the house where his mouth was duct taped and tie straps were used to bind his hands. Bob was made to sit on the couch. Terry proceeded to load all of Bob's weapons into Bob's van which was parked, presumably in the driveway. Terry said that Terry got tired and unbound Bob to help Terry to load the weapons into the van. When they were through, Terry tied Bob up and drove his van to where Terry's truck was parked and transferred the valuables. Tim told Michael Fortier that if Michael were to travel back to Kansas with him, Tim would give Michael a lot of weapons to sell at gun shows. Tim gave Michael a ride to Kansas with an overnight stop at a motel in Amarillo. After leaving Amarillo the next morning, the two were on I-40 heading east. They passed a Ryder truck and Tim explained to Michael that he wanted to get such a truck, however, he needed one that was larger than the one they were looking at. Tim said he wanted a truck that said 18,000 lbs on the side of the door. They continued to discuss Ryder trucks and Tim said that he was thinking through with his plan and staying inside the vehicle to make sure the vehicle would explode. Michael Fortier said, "It sounds like your thinking of committing suicide." Tim said, "If that's what it takes." Tim did not want any security guards or people on the street to somehow get into the truck and stop it from detonating. Tim believed that he was going to have his Glock 45 with him and he would shoot anyone that tried to stop the bombing. Upon arriving in Oklahoma City on I-40, Tim turned north on I-35 and then exited the highway and then drove into downtown Oklahoma City. Tim stated that he wanted to show Michael the building that he was going to blow up. When they passed the building, Tim asked Michael if he thought such a large truck would fit in the parking area in front of the building. Michael Fortier told him that he believed it would. Continuing through Oklahoma City, Tim turned into an alley and slowed down. Tim explained that he was still in the planning stages and he believed he would have a vehicle waiting for him so that he could get out of the Ryder truck and he wanted Terry Nichols in the vehicle with it started and running. Tim pointed out the area where he believed the car would be parked. Michael Fortier later pointed out the planned parking spot to federal agents. Tim stated the night before the blast was to happen, he and Terry Nichols would take two vehicles into Oklahoma City. They would leave one vehicle there and then drive back to Kansas where they would mix the bomb. Tim would then drive back and get into the vehicle and go or possibly Terry would follow him for to detonate the bomb. When discussing the parking place for the get away car, Michael Fortier asked Tim McVeigh why he didn't select a closer place and Tim stated that he wanted to have a building between him and the blast. The visit in Oklahoma City occurred on December 16. Michael Fortier understood that explosion was going to occur on the Waco anniversary. Michael Fortier was also told by Tim McVeigh that April 19 was a significant date in the American Revolutionary War. Upon leaving Oklahoma City, the two proceeded north on I-35 until they got to Kansas. Shortly before hitting the toll road, they got off the highway and took a smaller road north in Kansas because Tim McVeigh said that when you go through a toll booth, your picture is taken. When they arrived in Herington, Kansas, Tim stopped the car to check on a storage unit. Michael Fortier did not learn what was inside the storage unit. After leaving Herington, Kansas, the two proceeded to Geary Lake. After leaving Geary Lake, the two proceeded to Council Grove and Tim showed Michael where the guns were stored. After viewing the storage shed, the two stopped at a Wendy's and then went to Wal-Mart. While at Wal-Mart, Michael Fortier stayed in the vehicle and Tim went into the store. When Tim returned from the Wal-Mart, the to stayed in a motel room and Tim gave Michael Fortier a .357 revolver and a .45 caliber pistol. The next morning, Michael Fortier rented a vehicle at the Manhattan Airport. Michael Fortier followed Tim to the storage unit and they loaded the rental car. The car was loaded to capacity and the two proceeded to Pizza Hut for lunch. Tim instructed Michael Fortier to conduct himself at gun shows where he was instructed to sell the weapons. When the two finished lunch, Michael Fortier returned to Kingman, Arizona and Tim McVeigh went to Michigan. The day after arriving in Kingman, Michael Fortier received a phone call from Tim McVeigh. Tim said that he had been in a car accident while carrying the explosives, that he had hidden his car by some diesels and that he was going to have his car towed. The next time Michael Fortier saw Tim McVeigh was in January, 1995. Tim McVeigh was renting a motel room on the outskirts of Kingman and asked if Michael Fortier would come and visit. Upon arriving at the motel, Tim had asked if they had gone to any gun shows and Michael said no because his back had been killing lately. Tim McVeigh was very upset. Tim McVeigh arranged for Michael Fortier to attend gun shows in Reno, Nevada, St. George, Utah and Tucson, Arizona. The first show they attended was in Reno, and they made approximately $2,100. Immediately after the show, Tim said that Terry wanted $2,000 for the weapons that Tim had given Michael Fortier. Michael Fortier paid the $2,000 to Tim McVeigh. With the exception of attending other gun shows, Tim McVeigh remained in Kingman until approximately early April, 1995. Initially when he was staying at Kingman, however, eventually he told Michael Fortier he was thinking of going out to the desert to a camp site. At that point, Michael Fortier invited him to stay in his front bedroom. Tim stayed at Michael Fortier's until late March when he moved back into a motel room because Michael Fortier was babysitting and Tim did not like living with another 2-year-old. Prior to moving back into the motel, however, Tim explained to Michael that Terry Nichols was having second thoughts about the bombing. Tim was trying to get Michael to take Terry's place. Michael Fortier declined. Michael Fortier even declined to give Tim a ride from Las Vegas. At that point, Tim decided to concentrate on Terry. Several days later while shooting some weapons with Jim Rosencranz and Tim McVeigh, Michael Fortier observed that Tim had a private conversation with Rosencranz. Later in the evening, Tim explained that the conversation Tim asking Rosencranz to pick him up from Las Vegas and either give him a ride to the desert or to Arkansas. It was Michael Fortier's belief that Tim wanted to go to Arkansas because Bob Millar had connections and could get Tim into a safe house. Shortly thereafter, Michael Fortier's relationship with Tim McVeigh began to deteriorate. Tim McVeigh gave Michael Fortier a book called Armed And Dangerous. On Sunday, Michael Fortier was supposed to go to Phoenix to dispose of a firearm. He did not and believes that Tim McVeigh drove by his house to check up on him on that day. Michael Fortier became fearful of Tim McVeigh and carried a weapon whenever he went to see him. Tim also gave Michael Fortier a book called The Far Right Extremists and asked him to read a chapter on "The Order." Michael Fortier believed that it gave an address of where Tim was going to go. When Michael Fortier returned the books, he felt that he was no longer friends with Tim McVeigh. Tim explained that he thought the two of them were on two separate roads, that Tim was a man of action and Michael Fortier was just lazy and domesticated. Tim also described Michael Fortier as being a "nigger", meaning that he put more money into his vehicle than his house. The last meeting Michael Fortier had with Tim McVeigh when he returned the books occurred approximately 2 weeks before the bombing. After the bombing when Michael was interviewed by the FBI, he initially told them that instead of being driven to Kansas by Tim McVeigh that he hitchhiked to Kansas. He also initially stated that he had not seen Terry Nichols since leaving the service. He also gave some materials such as a .22 caliber rifle, ammonium nitrate and some Waco videos to dispose of. Michael Fortier stated that he obtained the ammonium nitrate when Tim McVeigh when Tim had a garage sale to get rid of some belonging before leaving Kingman. Michael claimed to have never even looked at the ammonium nitrate in the back. Michael Fortier stored Tim McVeigh's .50 caliber bolt-action rifle in the truck of a car that was parked in his brother's shed. In the fall of 1994, Michael Fortier mailed away for an I.D. kit for Tim McVeigh. It was Michael Fortier's understanding that after the bombing, Tim McVeigh was going to drive into Kansas to get away. Michael Fortier also believed that after going to Kansas, Tim would drive on to Las Vegas. Michael Fortier has never seen Tim McVeigh in the company of John Doe 2. Michael Fortier recalled that Terry Nichols was supposed to kill Bob Millar during the robbery. RW:sh 3\wp51\mcveigh\memos\jones.o21