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FBI senior officials won't be charged in Ruby Ridge siege

Ruby Ridge graphic August 15, 1997
Web posted at: 2:31 p.m. EDT (1831 GMT)

WASHINGTON (CNN) -- No criminal charges will be filed against senior FBI officials in connection with the deadly 1992 siege at Ruby Ridge, Idaho, the Justice Department said Friday.

The agency said it lacked enough evidence to bring criminal charges against former FBI Deputy Director Larry Potts and his chief aide, Danny Coulson, for the siege at white supremacist Randy Weaver's cabin in a remote mountainous area of Idaho.

However, the department left open the possibility of disciplinary action.

The siege sparked a national debate and congressional investigations into whether federal law enforcement had gone too far in using deadly force.

"The available evidence does not support further criminal prosecutions of FBI officials," the Justice Department said in a statement.

Iowa senator criticizes report

Department officials have yet to comment publicly on the report, but it was immediately criticized by Sen. Charles Grassley, R-Iowa, who said it "means accountability has still not been achieved," and that the department has failed to restore "the public's confidence in federal law enforcement."

The standoff at Weaver's Idaho cabin in 1992

Potts, picked by FBI Director Louis Freeh to be the bureau's No. 2 official, and Coulson had been suspended from their jobs during the investigation.

During the standoff with Weaver, a bureau sniper shot and killed Weaver's wife, Vicki, and wounded Weaver and a friend, Kevin L. Harris. FBI sharpshooters went to the scene after Weaver's son, Samuel, and Deputy U.S. Marshal William F. Degan, were killed in a shootout.

Marshals had gone to arrest Randy Weaver for failing to appear in court to face gun-sale charges.

Displinary action possible

In its statement, the department said the fact that Potts, Coulson and two other officials will not face federal criminal prosecution "does not preclude the imposition of disciplinary sanctions against these individuals or other FBI officials," the statement said.

Justice's Office of Professional Responsibility will, if appropriate, recommend "any disciplinary sanctions, up to and including termination of employment. The FBI will not be the decision-maker regarding any disciplinary sanctions," said the statement.

Howard Pearl, a lawyer for Potts, said he was happy with the decision.

"It is the result we always knew would happen. But it is always good to actually be notified," Pearl said.

One former FBI headquarters manager, E. Michael Kahoe, pleaded guilty last year to obstructing justice, after admitting he destroyed the after-action critique of the siege. Potts had denied through his attorney any knowledge of the after-action report or any role in its destruction. Kahoe is to be sentenced September 11.

The Associated Press contributed to this report.

 
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