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Federal violation by sniper would not trigger Fed probe takeover
From Terry Frieden
WASHINGTON (CNN) -- U.S. government lawyers are searching for a violation of federal law by the Washington-area sniper, but Justice Department officials insist that effort in no way suggests the federal government would formally take over the investigation. Justice Department officials publicly insist their focus is entirely on the apprehension of the sniper, and called any review of possible federal crimes "incidental" to the investigation. "It's premature to even be talking about potential prosecutions until you have someone in custody," said one Justice official. Another official emphasized that even if government lawyers determine the sniper has violated a federal statute, there is no consideration of designating the FBI or any federal agency as the "lead" agency for the sprawling investigation. Attorney General John Ashcroft underscored the point at a news conference in Tokyo early Tuesday. "I believe that we are operating appropriately and effectively in the current setting," Ashcroft said. "We know of no additional value that can be brought to the investigation that we are not providing." FBI Special Agent Gary Bald, who has been working on the case, said that if the case were federalized, "it would make absolutely no difference in the way the investigation is being conducted." The FBI and the Bureau of Alcohol, Tobacco and Firearms are deeply involved in the task force, handling virtually all of the physical evidence, and participating with Maryland and Virginia county and state officials in investigative decisions. Federal officials insist there is no discussion of a formal handoff to a federal agency because the existing task force is allowing all of the jurisdictions involved to share investigative information almost immediately. Information to the FBI-operated hot line is processed and sent quickly to Rockville, Maryland, for the several agencies and jurisdictions to follow up. Montgomery County, Maryland, where the first killings and the most recent killing occurred, remains the designated "lead" agency. Nonetheless, sources say the examination of federal criminal statutes continues as the investigation unfolds. "There's nothing real obvious. For example, none of these shootings has occurred on federal property," said an official familiar with the search of the federal criminal code. Another official indicated the ongoing review of applicable statutes is prompted by the differing circumstances surrounding the various crime scenes. Several officials refused to comment on whether the contents of the lengthy letter found in Ashland, Virginia, which is believed to have been a communication from the sniper, might somehow have given federal prosecutors reason to revisit a possible violation of federal law. The fact that murders have occurred in more than one state does not constitute a federal violation. "Unless the killer stuffs a body in the trunk and carries it across state lines, you're dealing with state murder statutes," said one federal law enforcement official.
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