Under a court order, the documents cannot be made public. The Justice Department is looking at whether to provide some details about them in a filing in federal court in Denver, where McVeigh's trial was held, said a government official, speaking on condition of anonymity. Additional items turned up during a final sweep, ordered May 11, of all FBI fields offices and legal liaison offices around the world. FBI officials have declined to specify how much previously undisclosed material has been discovered among the thousands of documents sent to the FBI's Oklahoma City bureau, where the documents are being gathered. An Oklahoma state court hearing for Nichols, scheduled for Wednesday, was postponed for one week to allow both sides to review through the FBI evidence.
State prosecutors plan to seek the death penalty.
They have complained to a judge about delays in the getting the newly discovered documents. In a telephone conference with District Judge Ray Dean Linder last week, Oklahoma County Assistant District Attorney Sandra Howell-Elliott said the FBI had not complied with her request for the documents. It has not been a cooperative effort. The papers filed Wednesday in Denver showed that the state had issued a subpoena to try to get the documents. It was later withdrawn.