Editorial: Search for justice

Wednesday was the scheduled date for Timothy McVeigh's execution. One week ago today, however, the Department of Justice revealed that the Federal Bureau of Investigation had failed to turn over some information to McVeigh's lawyers. The DOJ claims that the information--several thousand pages of documents--would not have altered the verdict of the case. Justice Department officials, however, have delayed the execution until mid-June as a precaution. The good news from this mistake is that the FBI found the problem and reported it quickly; the bad news is that there was a problem at all.

Delaying the execution was the prudent and appropriate action for Attorney General John Ashcroft to take. Reports of the discovery of additional evidence after the delay only add to the confusion. The death penalty represents the ultimate, uncorrectable punishment. If someone's life is to be taken, then no loose threads should remain to damage the credibility of the punishment.

Justice relies upon information, and that information apparently was unavailable for McVeigh's defense. Although these documents represent a small fraction of the vast amount of data compiled for the investigation, not only of McVeigh but of various leads investigators pursued in the aftermath of the Oklahoma City bombing, their emergence cannot be ignored. Everyone deserves justice, even those who commit the most despicable crimes.

Standard procedure should be followed in the courts to handle this newly discovered information. The bureau has clearly erred. The threshold for a new trial, however, should be the same as would be followed in any context. Punishing the Justice Department should not be a desire that takes precedence over standard practices. At the same time, the public push for McVeigh's execution should not influence the process.

While the courts work to settle the mess left before them, other parties must examine the agency responsible for the mess. This embarrassment is just one of several in recent years for the FBI. The handling of the Wen Ho Lee investigation a year ago revealed serious problems in the agency. Apparently, many serious problems remain. Several members of Congress have called for a review of the organization. Their calls should be heeded.

Although these two cases are unique in their publicity from many of the Bureau's daily tasks, a review must ensure that these errors are unique and are not part of systemic problems. The FBI's investigative work affects many people each day. Investigating the FBI is only appropriate.

President George W. Bush has an opportunity to influence the process. With the separately announced departure of FBI Director Louis Freeh, Bush can choose someone who will restore some of the FBI's recently lost credibility to the vacant post. With the review in hand, the new director could target specific areas that require attention.

In the end, the verdict in the case may not change. The evidence may turn out to be inconsequential as the Justice Department contends. McVeigh, who has admitted to the crime, would still face the death penalty for his actions anyway. However, justice serves as an important part of this nation's foundation. It is a characteristic that separates America from so many other countries. Even in the face of the heinous act to which McVeigh has admitted, upholding justice remains in the best interests of all.