FBI Documents on Idaho Siege Reported Altered

Justice Department investigators have been told that FBI documents were altered or destroyed during an official examination of how FBI Deputy Director Larry Potts supervised the 1992 confrontation at Ruby Ridge, Ida., that led to the killing of a white separatist’s wife, government sources said Wednesday.

A ranking FBI official is understood to have admitted destroying or altering at least one document that shed light on whether Potts approved changes in the “rules of engagement” before the woman was shot to allow agents more freedom in firing their weapons. The official, Mike Kahoe, was placed on leave Tuesday from his post as special agent in charge of the FBI’s Jacksonville, Fla., office, The Times learned.

If allegations of document tampering in such a high-profile case prove true, that could precipitate a major crisis for FBI Director Louis J. Freeh, who is personally close to Potts and has supported and promoted him, despite serious criticism of Potts’ supervision of the Ruby Ridge confrontation. Indeed, Freeh insisted on elevating Potts to the No. 2 post in the bureau after Freeh himself had censured Potts for his handling of the confrontation.

Freeh has enjoyed unusual political support throughout Washington as he has moved to put his stamp on the bureau. But evidence that a high-profile investigation was tainted could damage his credibility.

Freeh said in a statement Wednesday: “If there is any wrongdoing by FBI employees uncovered by the new investigation, it will result in firm FBI action. The FBI must be held to the highest standards.” There is no indication whether Potts had any knowledge of the alleged document destruction or alteration.

Freeh’s statement made no reference to the document allegations. Instead, it acknowledged that the Justice Department’s Office of Professional Responsibility--its chief internal watchdog unit--is conducting “a further investigation” of the conduct of FBI personnel in connection with the Ruby Ridge incident and the inquiry that followed.

The potentially serious turn in the investigation comes just ahead of congressional hearings next week on the conduct of the Bureau of Alcohol, Tobacco and Firearms and the FBI in the 1993 siege at the Branch Davidian compound near Waco, Tex., that ended in the fiery deaths of at least 86 cult members. Potts at the time headed the FBI’s Criminal Investigative Division and thus had a supervisory role.

There is some concern that this latest development will bolster the conspiracy theories of right-wing militia groups and their supporters about federal law enforcement.

Freeh, in his statement, said that he fully supports the investigation and noted that it is being directed by Michael E. Shaheen Jr., counsel of the watchdog unit, whose ethics investigation of Freeh’s predecessor, William S. Sessions, resulted in the unprecedented removal of the FBI director by President Clinton.

“I am grateful to Atty. Gen. Janet Reno, Deputy Atty. Gen. Jamie [S.] Gorelick and Michael Shaheen for their dedication to obtaining the full truth,” Freeh said.

Freeh noted that the latest investigation, which Reno disclosed last week, came in response to allegations by Eugene F. Glenn, the former head of the FBI’s Salt Lake City field office. Glenn, whom Freeh transferred to Washington, was one of those most severely disciplined over Ruby Ridge.

Glenn, in a May 3 letter to Shaheen that was read into the Congressional Record by Sen. Arlen Specter (R-Pa.), charged that Potts had approved “rules of engagement” at Ruby Ridge, which said that FBI sharpshooters “could and should” use deadly force against armed adult males seen in the open at the compound of white separatist Randy Weaver. Potts has denied approving that change, Specter said. The FBI’s standard rules limit the use of deadly force to self-defense and protecting innocent persons.

Richard Rogers, who was removed as head of the FBI’s hostage rescue team, also contended that Potts had approved the tougher standards. The hostage rescue team played a critical role in the standoff.

William L. Bransford, an attorney representing Glenn in his challenge to the discipline, said that he knew nothing about the document-tampering charge.

Glenn, in his letter to Shaheen, said that the FBI investigation of what took place at Ruby Ridge had “deficiencies [that] reveal a purpose to create scapegoats and false impressions, rather than uncovering or reinforcing the reality of what happened at Ruby Ridge.”

Glenn asked for an investigation by the Office of Professional Responsibility into the conduct of Charles Mathews III, FBI associate special agent in charge, “and possibly others” who were preparing an administrative summary report on the FBI’s conduct at Ruby Ridge.

The latest development in the Ruby Ridge case involves a matter in which Freeh has invested substantial personal capital. His association with Potts dates back to when Freeh served as prosecutor and Potts as chief investigator in solving and convicting the person responsible for the mail bombings that killed a federal appellate judge and a civil rights attorney.

Freeh disciplined 12 FBI employees, including Potts, last Jan. 6 for misconduct in the Ruby Ridge case. But the FBI director stuck by his recommendation to name Potts, who was then acting deputy director, to the post permanently. The step required Reno’s approval, however, and the matter was unresolved until after the April 19 Oklahoma City bombing.

After the bombing, Reno expressed admiration for the job Potts was doing in overseeing the investigation into the explosion. When she expressed this to Freeh, one source said, the FBI director reiterated his need to have Potts as permanent deputy and Reno approved the appointment.

Pott’s promotion came after a separate review of Potts and Ruby Ridge by Deputy Atty. Gen. Gorelick.