FBI affidavit (technically a declaration, but with the same legal effect) filed in U.S. District Court, Alfredo C. Marquez, presiding. The declaration was attached to "Defendant FBI's Notice of Compliance With the Court's April 3, 1998 Order," in which FBI sought to convince the court that FBI had indeed made all reasonable efforts to search for the requested information, which included (a) all FLIR tapes; and (b) all audiotapes of radio traffic between vehicles.

The first page (set out below) establishes the witness as Supervisory Special Agent and head of the Litigation Unit of FBI. No minor or ill-informed munchkin.

Page two outlines the request. Pages two, three and four are, well, boring, and meant to convince the court that a long, detailed, and boring search was made.

Page five begins the FLIR issue. Page six begins the problem. "FBI also advised Plaintiff that the earlier FLIR videotape recorded on April 19, 1993, occured at approximately 10:42 A.M...." We had objected that there was evidence that the FLIRs began at the same time as the operation, 6 AM, and FBI denied this under oath. Given the revelations of September 2, there are problems here.

Page seven is none too controversial. Page eight, however, attests that no audiotapes exist of radio traffic on April 19, 1993. The affiant makes this statement based upon the advise of the commander, HRT, both tactical coordinators of the HRT, and independent search.

It goes without saying that a statement under oath that no FLIR exists before 10:42 AM, and no audio recordings exist at all, does become a problem when the agency admits that FLIR goes back to 6 AM and contains a radio sound track.