3. OIG efforts to obtain the cooperation of persons
making allegations of misconduct
In addition to the process of attempting to identify Roundup participants, OIG made substantial efforts to interview those persons who had made allegations of misconduct by Roundup attendees and to obtain photographs, videotapes, and other physical evidence from them. These efforts met with varying degrees of success. Some persons, such as the two Senate Judiciary Committee affiants who alleged criminal misconduct, wished to maintain their anonymity, but ultimately agreed to speak to us.
The principal named accuser in the Washington Times article, Jeffrey Randall, aired his charges publicly through the media. After Randall was quoted as an eyewitness to acts of racism at the 1995 Roundup, OIG investigators sought to interview him. Before any interview could be scheduled, however, Randall appeared uninvited at an OIG meeting on July 27 with Richard Hayward and Hayward's attorney. Randall answered a few questions but cut off questioning early and left the room. Except for this extremely short meeting, Randall refused all efforts by the OIG to interview him. During this initial meeting the OIG served an administrative subpoena on Randall seeking photographs and other documentary records he claimed to possess. The Randall subpoena also sought the original Hayward video that had been subpoenaed from Hayward but which Hayward apparently had given to Randall. Randall refused to comply with the subpoena, and in August publicly threatened bloodshed if the OIG sought to enforce the subpoena by obtaining a court order. Not believing that this piece of evidence was worth even the remote possibility of provoking an armed conflict, the OIG continued its efforts to seek Randall's compliance through negotiation.
Although OIG received the original videotape from Hayward in October, we still had not received the photographs and other materials sought in the Randall subpoena. In November we wrote a letter to Randall's attorney inquiring when Randall might comply with the subpoena and communicating our desire to interview Randall. In February Randall faxed a reply to our letter to the Alabama Office of Public Safety. The letter read: [/ A copy of this letter is contained in the appendix to this report, Section C, at 55. ]
Below is a letter I have just been forwarded. This letter is from the Justice Department to my ex-attorney. To answer their question, I do not intend to comply with there [sic] worthless subpoena. I will not turn over any items I may posses [sic], nor do I wish to talk with these lying bastards about anything. If you wish to attempt to enforce this subpoena, again, let me make my position very clear. Should you chikenshits [sic] so desire to serve a warrant for my arrest, make damn sure you have all your ducks in a row, because I will, without doubt, RESIST completley [sic]. Face it asshole, I, and others, beat your ass, caught you in your attempted coverup, and now tell you to kiss our skinny asses, when you say "comply with our lawful subpoena." Obviously you have mixed me up with someone who gives a damn. However, _, if you are intent on recieving [sic] my information, I'm sure Lawrence Myers of Media Bypass can be bribed for $4.00 (cost of magazine) to tell you everything I know, in other words, buy the damn magazine and you have the story, or, is that too damn simple for all you bureaucratic bastards. If this is not satisfactory to you, then I will fax you a map to my house, so the damn fools in the FBI HRT won't get mixed up should they decide to visit. If you are coming, please hurry, my dogs are getting hungry as hell for some federal agent ass, and Ben, the 2nd Amendment Shepherd, has been known to commit rape, so bring you [sic] chastity belt and your Visa Card, because he doesn't
take no for an answer and he doesn't take American Express. We'll leave the light on for you.
Jeff Randall and Ben
Although Randall failed to provide the photographs and other materials to OIG, he gave them to reporters for the Washington Times, Media Bypass, Soldier of Fortune, and various television news stations.
Richard Hayward, another member of the Gadsden militia, was also an alleged eyewitness to racism at the Roundup. Hayward claimed in his Senate Judiciary Committee affidavit to have witnessed a broad array of racist acts at various Roundups over a four-year time span. He also made a videotape purporting to show racism at the 1990 Roundup. Hayward at first agreed to cooperate with the OIG investigation if DOJ would preserve his confidentiality. Although OIG agreed to this condition, Hayward refused to provide the original videotape or any photographs or other documentary evidence specified in an administrative subpoena addressed to him. Through his attorney, Hayward refused to release the original videotape citing his fear of a government cover up -- claiming that the FBI would "doctor" the tape and falsely accuse Hayward of fabricating evidence -- and because footage of his family appeared on the tape. Hayward gave no reason for failing to comply with the other portions of the subpoena. Sometime in July or August 1995, he apparently gave the original videotape to Randall.
Although Hayward refused to cooperate with the OIG's investigation, he continued to grant requests for interviews with various news media, including The New York Times, "Good Morning America," and WJLA-TV. Because of Randall's threats of violence if OIG sought to enforce any subpoena in court, OIG continued its efforts to seek Hayward's consensual compliance. After several months Hayward agreed to turn over the original videotape and to submit to an on-the-record interview under oath. For the first several hours of this interview, Hayward was permitted to tell his story without any cross-examination. However, once OIG began to ask questions regarding aspects Hayward had omitted, including his advocacy of white supremacist views and his having been asked to leave the Roundup because of his racist views, Hayward and his attorney became agitated and terminated the interview. [ / At the time, Hayward's counsel claimed that they were terminating the interview because OIG refused to provide Hayward with a transcript of his interview. He was told that it was not customary OIG practice to provide a witness with a transcript of his testimony during the pendency of an investigation and OIG was unwilling to make an exception in this case because of its concern, given Hayward's and his counsel's propensity for giving information and materials to reporters, that the transcript would also be made available to the media. When counsel argued that Hayward needed a copy to review for possible errors in transcription, OIG offered to fly Hayward back to Washington for the sole purpose of reviewing the transcript for errors. Hayward and his counsel rejected this offer, refused to answer any further questions, and left. OIG offered to resume the interview if Hayward changed his mind. The next day in an interview with WJLA-TV, Washington, D.C., Hayward's counsel claimed that they terminated the interview because Hayward was being questioned about his own racist actions. He made no mention of concerns about the transcript. Because OIG lacks testimonial subpoena power, we had no means to compel Hayward to continue the interview. The interview was never resumed. ]
OIG also interviewed other persons who had made allegations of either racist or criminal behavior at the Roundup. We interviewed each individual we identified as claiming to have personal knowledge of criminal behavior at a Roundup. We also interviewed a number of individuals who lacked personal knowledge but who claimed to have heard about racist or criminal behavior at the Roundup.