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Michael Donahoe
Assistant Federal Defender
Anthony R. Gallagher
Chief Defender
Federal Defenders of Montana
P.O. Box 258
Helena, Montana 59624-0258
[phone]
Counsel for Defendant Theodore John Kaczynski

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

FILED
APRIL 15, 1996


UNITED STATES OF AMERICA,

Plaintiff,

vs .

THEODORE JOHN KACZYNSKI,
Defendant

Crim No. MCR 96-6-H-CCL

MOTION TO RETURN PROPERTY,
DISMISS COMPLAINT, STAY GRAND
JURY PROCEEDINGS AND PROHIBIT
FURTHER PROSECUTION

COMES NOW Theodore Kaczynski (Kaczynski), by and
through his undersigned counsel, and moves the Court for
an order that would (i) return the property taken from his
cabin; (ii) dismiss the complaint pending against him, (iii)
during the pendency of this motion temporarily prohibit
the United States from indicting him for any federal
crime, in any federal district, which is in any way
connected to the so-called "unabomber" investigation, and
also (iv) that would permanently enjoin the government
from prosecuting Mr. Kaczynski for such charges
altogether.


This motion is based on this notice and is made pursuant
to the 4th, 5th and 6th Amendments to the United States
Constitution, and under the aegis of Rule 41(e) of the
Federal Rules of Criminal Procedure.

The reasons and authority for these requests are more
fully set forth in the supporting memorandum of
argument and authority that we have filed herewith.

WHEREFORE Kaczynski prays that the Court will
consider these motions and grant the relief requested
herein.

Respectfully Submitted April 14, 1996.


MICHAEL DONAHOE
Assistant Federal Defender
Federal Defenders of Montana
P.O. Box 258
Helena, Montana 59624-0258
Counsel for Defendant


CERTIFICATE OF SERVICE

I hereby certify that on April 15, 1996, a true and
accurate copy of the above and foregoing was duly served
upon the following counsel of record by: ___fax
transmission; _x_hand delivery; or ___depositing the
same in the United States Mail, postage prepaid, addressed
as follows:

Bernard F. Hubley
Assistant United States Attorney
United States Attorney's Office
100 N. Park Ave., Suite 100
Helena, Montana 59601


Michael Donahoe
Assistant Federal Defender
Anthony R. Gallagher
Chief Defender
Federal Defenders of Montana
P.O. Box 258
Helena, Montana 59624-0258
[phone]

Counsel for Defendant Theodore John Kaczynski


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

UNITED STATES OF AMERICA,
Plaintiff,

vs .

THEODORE JOHN KACZYNSKI,

Defendant

Crim No. MCR 96-6-H-CCL

MEMORANDUM IN SUPPORT
OF MOTION TO RETURN PROPERTY,
TO DISMISS COMPLAINT AND TO
PROHIBIT FURTHER PROSECUTION

Theodore John Kaczynski (Kaczynski) has moved the
Court for an order that would return his property,
dismiss the complaint pending against him, and prohibit
the government from prosecuting him further for crimes
related to the so called "unabomber" investigation. This
memorandum supports that motion.

JURISDICTION

Rule 41(e) of the Federal Rules of Criminal Procedure
allows for the filing of a pre-indictment motion for
return of property in the "district court for the district in
which the property was seized" Id. Also see, Center Art
Galleries-Hawaii v. United States of America, 875 F.2d
747, 752 (9th Cir. 1989), quoting with apparent approval
United States v. Roberts, 852 F.2d 671 (2nd Cir. 1988).

Courts have divided on the standard applicable to pre-
indictment, as opposed to post-indictment, Rule 41(e)
motions. For example, in In re Campola, 543 F.Supp. 115
(N.D. N.Y. 1982) the court held that a pre-indictment
motion for return of property should only be considered
when the following factors are satisfied.

(1) when there has been a clear showing of a search and
seizure in callous disregard of the fourth amendment or
some other constitutional or statutory provision;

(2) when the movant would suffer irreparable injury if
relief is not granted; and

(3) when the movant is without an adequate remedy at
law.

Another district court, however, holds that Rule 41(e)
requires consideration of a pre-indictment suppression
motion without regard to such restrictions, which are
usually applicable to lawsuits requesting equitable relief.
Roberts v. United States, 656 F.Supp. 929, 932-33
(S.D.N.Y. 1987), rev'd on other gr. 852 F.2d 671 (2d
Cir. 1988), cert. denied, 488 U.S. 993, 109 S.Ct. 556, 102
L.Ed.2d 583 (1988).


Without waiving his right to argue later on that the
nonrestrictive standard of Roberts applies, Kaczynski
asserts that he meets the factors set forth in Campola.
First, as the discussion below indicates, there is sufficient
evidence to justify the tentative conclusion that the United
States deliberately and systematically leaked information
to the media in derogation of Kaczynski's 4th and 5th
Amendment rights. Second, without quick and decisive
action by this Court through treatment of this motion,
Kaczynski will forever be denied his constitutional
entitlement to an unbiased grand jury indictment(s),
therefore the potential for irreparable harm is substantial.
And, third, there simply is no other remedy. The
government should not be allowed to proceed before
various grand juries throughout the country, that have
been permanently poisoned by the government's
outrageous conduct in disclosing to the media the highly
incriminating nature of the evidence taken from
Kaczynski's cabin. Because, once those indictments are
handed up, and undoubtedly they will be, the government
will be able to argue that proceeding to trial before a petit
jury is the appropriate cure for its misbehavior. See
United States v. Mechanik, 475 U.S. 66, 67, 106 S.Ct.
938, 940 (1986) (petit jury's guilty verdict demonstrates
that there was probable cause to charge the-defendant thus
convictions must stand despite Rule 6 violation).

Therefore, the Court should act now and take this
inevitable argument out of the government's quiver, by
making an immediate determination of the issues raised
herein. And in the meantime, while these issues are being
considered, the Court should prohibit the government
from going before any grand jury, in any district on any
charge, until a decision on this motion has been rendered.

Having stated the jurisdictional base for this motion, we
now proceed to argue its merits.

INTRODUCTION

This case began on April 3, 1996, when the government
applied to this Court under seal for a warrant to search
Kaczynski's cabin at Lincoln, Montana. After considering
the application the Court granted the government's
request and a search warrant was issued.

In due course a search of Kaczynski's cabin ensued. And
almost immediately media reports started coming over the
airwaves (radio and T.V.) that an unidentified person,
thought to be the "unabomber", had been apprehended.
These initial reports went unabated for several hours.
Thereafter, similar reports were issued containing more
details. Not only did these later reports identify Kaczynski
as the "unabomber", they also contained blow-by-blow
accounts of the alleged evidence being taken by the
government agents from his cabin. Next the print media
became involved and newspapers across the country began
publishing similar type stories. And this pattern continues,
even at this writing.

The burden to conduct a fair and thorough prosecution
undoubtedly falls to the government. And in no manner
do we challenge the government's right to do so.
However, in carrying out such duties prosecutors are
subject to constraints and responsibilities that do not apply
to other lawyers. While it can generally be said that
lawyers representing private parties must do everything
ethically permissible to advance their clients' interests,
lawyers and their investigative agents representing the
government in criminal cases serve truth and justice first.
The prosecutor's job is not just to win, but to win fairly,
staying well within the rules. For example, it has been
specifically held that

The United States Attorney is the representative not of an
ordinary party to a controversy, but of a sovereignty
whose obligation to govern impartially is as compelling as
its obligation to govern at all; and whose interest,
therefore, in a criminal prosecution is not that it shall win
a case, but that justice shall be done. As such, he is in a
peculiar and very definite sense the servant of the law, the
twofold aim of which is that guilt shall not escape or
innocence suffer. He may prosecute with earnestness and
vigor -indeed, he should do so. But, while he may strike
hard blows, he is not at liberty to strike foul ones. It is as
much his duty to refrain from improper methods
calculated to produce a wrongful conviction as it is to use
every legitimate means to bring about a just one.

Berger v. United States, 295 U.S. 78, 88, 55 S.Ct. 629,
633 (1935) overruled on other grounds, Stirone v. United
States, 361 U.S. 212, 80 S.Ct. 270 (1960). And, in a
similar vein, Justice Douglas once warned

The function of the prosecutor under the Federal
Constitution is not to tack as many skins of victims as
possible to the wall. [H]er function is to vindicate the right
of the people as expressed in the laws and give those
accused of crime a fair trial.

Donnelly v. DeChristoforo, 416 U.S. 637, 648-49, 94
S.Ct. 1868, 1874 (1974) (Douglas, J. dissenting).

Thus, although the warrant granted the government the
right to search Kaczynski's cabin, at the same time it was
the government's responsibility to do so in a manner that
would be considerate of Mr. Kaczynski's statutory and
constitutional rights. Yet in this latter respect the
government has utterly, miserably, and most of all
deliberately, failed. And blame for this condition must be
assigned to those responsible for it.

Against this background Kaczynski makes three
contentions.

CONTENTIONS

First, Kaczynski has a right to due process and equal
protection, under the United States Constitution, which
includes the right to an unbiased grand jury process. See
U.S. Const. Amend. 5. Also Kaczynski has the right to be
free from unreasonable search and seizure and to a fair
trial under the 4th and 6th Amendments, respectively.

Second, these rights have been irreversibly abridged by
the government's deliberate and unlawful disclosure of
the evidence allegedly seized and/or information allegedly
obtained as a result of the search of Kaczynski's cabin.

Third, the government should be held accountable for this
calculated destruction of Kaczynski's rights through the
imposition of three sanctions: (i) return of all of the
property taken from his cabin; (ii) dismissal of the
pending complaint, and (iii) an order from the Court that
would temporarily, and then permanently, prohibit the
government from prosecuting Kaczynski any further.

We now address these three contentions.

ARGUMENT AND AUTHORITY

Kaczynski has the rights to due process and equal
protection which includes an unbiased grand jury process.

The due process provision of the 5th Amendment was
intended to guarantee procedural standards adequate and
appropriate to protect at all times people charged with or
suspected of crime by those holding positions of power
and authority. Chambers v. State of Florida, 309 U.S.
227, 236, 60 S.Ct. 472, 476-477 (1940). Also, the Due
Process Clause of the 5th Amendment to the United States
Constitution includes a guarantee of equal protection that
is parallel to that which is contained in the 14th
Amendment. See, e.g., Weinberger v. Wisenfield, 420
U.S. 636, 638, n.2, 95 S.Ct. 1225, 1228, n.2. An action
that violates equal protection when committed by a state
actor violates the due process clause of the 5th
Amendment when committed by a federal actor. Johnson
v. Robison, 415 U.S. 361, 364-365, n.4, 94 S.Ct. 1160,
1165, n.4 (1974).

Furthermore, the 5th Amendment affords the accused the
right to be indicted by an unbiased grand jury. See e.g.
Beck v. Washington, 369 U.S. 541, 546, 82 S.Ct. 955,
958 (1962) (due process probably entitles the accused to
an unbiased grand jury in venues that employ such a
procedure). The grand jury is part of our constitutional
heritage, which was brought to this country with the
common law. It functions as a "barrier to reckless or
unfounded charges." United States v. Mandujano, 425
U.S. 564, 571 96 S.Ct. 1768, 1774 (1976). For centuries
the office of the grand jury has been to provide a shield
against "arbitrary or oppressive action, by insuring that
serious criminal accusations will be brought only upon the
considered judgment of a representative body of citizens
acting under oath and under judicial instruction and
guidance." Ibid.

In contrast to these overarching due process rights
contained in the 5th Amendment, the 4th and 6th
Amendments embody more particular guarantees. Under
the former the people enjoy the right to be free from
"unreasonable searches and seizures." See, e.g. United
States v. Hotchkiss, 60 F.Supp. 405, 407 (Diet. Ct.
Maryland 1945) (whether search and seizure is
unreasonable depends on whether what was done and
found bears reasonable relation to authority then
possessed or transcends it to become oppressive). And
under the 6th Amendment the accused enjoys the right to
a fair, speedy and public trial. See, e.g., Duncan v.
Louisiana, 391 U.S. 145, 194, 88 S.Ct. 1444 (1968) (right
to jury trial is a fundamental one).

These rights have been irreversibly abridged.

Since April 3, 1996, the government has been
intentionally leaking highly prejudicial information to the
print and electronic news media. To prove this we have
annexed hereto a survey of news articles (See Appendix
A).

These articles contain information concerning damning
evidence alleged to have been found in Kaczynski's cabin.
And in each instance the source for such information was
a government agent.

In our second appendix (See Appendix B), we share with
the Court a simple word search that we conducted on a
news source database. The word configuration that we
used for the search was: "KACZYNSKI UNA-BOMB
FEDERAL OFFICIAL ANONYMOUS SOURCE". This
word formula turned up 2, 204 stories throughout
America.1

This pattern of deliberate disclosure by government
officials has unalterably compromised Kaczynski's
constitutional rights in two separate but related ways.
First, it rendered the search of Kaczynski's cabin
"unreasonable" within the meaning of the Fourth
Amendment. In simple terms, it was constitutionally
unreasonable within the meaning of the 4th Amendment
for government officials and agents to provide the media
minute-by-minute, graphic descriptions of the evidence
being collected, when they knew that such evidence would
eventually have to be put before a grand jury or juries in
order to bring charges.

These deliberate disclosures poisoned the entire
population of grand jurors within the United States
against Mr. Kaczynski. Thus, by carrying out the search
of the cabin in the unreasonable manner described above,
the government has made it forever impossible for Mr.
Kaczynski to obtain his constitutional entitlement to an
unbiased review of the evidence by the grand jury.

The government's conduct in this case has been primitive
and most nearly resembles the lynch mob mentality
depicted in such classics as the Ox Bo Incident (Walter C.
Clark, 1943), just to  name one. The criminal trial
process is not like an election to be won through the use
of the T.V., radio and newspapers. It is a cautious and
controlled series of procedures designed to determine
fairly the actual guilt or innocence of the accused. In Mr.
Kaczynski's case the possibility that he could ever be
afforded anything that might even remotely resemble that
process has been forever lost.

The government's predictable response to all of this will
be two-sided. First, the government will contend that it is
not responsible for the leaks. And then it will argue that
Mr. Kaczynski would never be able to show that he was
prejudiced by them in any event. In anticipation of these
unsatisfactory responses Kaczynski argues as follows.

On the first point we concede that "it is not asking too
much that the burden of showing essential unfairness be
sustained by him who claims such injustice." United States
v. Handy, 351 U.S. 454, 462, 76 S.Ct. 965, 970 (1956).
But the party who bears such a burden must be given an
adequate opportunity to fulfill it. Thus, if the
government's rejoinder to these papers in any way
suggests that it is not responsible for the lethal media blitz
that has been occurring over the past couple of weeks,
Kaczynski is entitled to an evidentiary hearing to prove
that assertion
wrong. 2

In this connection we would envision calling as witnesses
at such a hearing the media personnel who printed or
reported some of the more egregious stories, to have
them name their government sources in open court.
Furthermore, we anticipate calling as a witness the
Deputy Attorney General of the United States in charge of
the Criminal Division of the Department of Justice to
determine what, if any, measures were taken before the
search warrant was executed, and then later after the leaks
started occurring, to insure that security would be
maintained, vis-a-vis, the evidence and information being
collected during the search.

On the second anticipated government argument
(Kaczynski's inability to show prejudice) we argue that
this case presents a situation where the structural
protections of the grand jury have been so compromised
by the government's misconduct that any remaining
process would be fundamentally unfair, thereby allowing
for a presumption of prejudice. Cases of this ilk are
exemplified by Vasquez v. Hillery, 474 U.S. 254, 106
S.Ct. 617 (1986) where it was held that racial
discrimination in selection of grand jurors compelled
dismissal of the indictment. In addition to involving an
error of constitutional magnitude, the court in Vasquez
noted that other remedies were impractical and it could be
presumed that a discriminatorily selected grand jury
would treat the defendant unfairly. In Ballard v. United
States, 329 U.S. 187, 67 S.Ct. 261 (1946) the court
reached a similar conclusion where women had been
excluded from the grand jury. Thus the nature of the
violations in Vasquez and Ballard controlled and allowed
for the presumption of prejudice.

In United States v. Russell, 411 U.S. 423, 431-432, 93
S.Ct. 1637, 1643 (1973) the court observed that
conceivably a situation could one day arise in which "the
conduct of [government] agents is so outrageous that due
process principles would absolutely bar the government
from invoking judicial process to obtain a conviction"
Id.(emphasis added). Thus Kacsynski argues that in
combination Vasquez, Ballard and Russell, provide the
legal framework necessary to warrant the granting of a
hearing on these issues, and to justify serious
consideration of the drastic remedies of dismissal and no
further prosecution that we pray for herein.

CONCLUSION

WHEREFORE, Kaczynski prays that the Court will
entertain this motion in the context of an evidentiary
hearing, and in the meantime prohibit the government
from indicting Mr. Kaczynski in any district in these
United States.

Respectfully Submitted April 14, 1996.

MICHAEL DONAHOE
Assistant Federal Defender
Federal Defenders of Montana
P.O. Box 258
Helena, Montana 59624-0258
Counsel for Defendant


CERTIFICATE OF SERVICE

I hereby certify that on April 15, 1996, a true and
accurate copy of the above and foregoing was duly served
upon the following counsel of record by: ___fax
transmission;_x_hand delivery) or ___depositing the same
in the United States Mail, postage prepaid, addressed as
follows:

Bernard F. Hubley
Assistant United States Attorney
United States Attorney's Office
100 N. Park Ave., Suite 100
Helena, Montana 59601


APPENDIX A



GREAT FALLS TRIBUNE, APRIL 4, 1996

Page 1  A member of the Unabom task force, speaking
to The Associated Press on condition of anonymity,
identified the man as Ted John Kaczynski and said he had
been using many aliases.

Page 8A  Rick Smith, who retired just on Friday from
the FBI in San Francisco, headquarters of the Unabom
task force, said the force had half a dozen good suspects
in the case in recent months, and all but one of them
appeared less likely to be the Unabomber as the
investigation continued. The one who became more likely
is the man in Montana, he said. "On this particular
instance, the further we went along the more likely it was
he was a viable suspect. So I think the FBI's fairly certain
they have the right man," he said.

BILLINGS GAZETTE, APRIL 4, 1996

Page 1  Sources told The Gazette federal officials have
"extremely damaging" evidence against 55 year-old Ted
John Kaczynski,....A source close to the case told The
Gazette officials have a document of Kaczynski's written
years ago that mirrors the Unabomber's 35,000-word
manifesto.

THE MONTEREY COUNTY HERALD, APRIL 5,
1996

Page 12A  Federal officials said searchers also found
two manual typewriters. The Unabomber has sent a sheaf
of typed letters over the past few years, and investigators
wantedto compare those with the typewriters.

THE BILLINGS GAZETTE, APRIL 5, 1996

Page 2A  David Kaczynski was torn between duty to
country and loyalty to family before he pointed
investigators toward his older brother as a possible
suspect in the 18-year series of Unabomber attacks,
federal agents said Thursday. Ultimately, Kaczynski got
an acquaintance, a Washington lawyer, to relay his
suspicions to the FBI in early January, according to agents
who requested anonymity.


THE INDEPENDENT RECORD, APRIL 5, 1996

Page 4A  He [Kaczynski] submitted to lengthy questioning
without requesting a lawyer, another federal official
[said].... Noting the lack of electricity at the cabin, agents
said the Unabomber could have built his meticulous
bombs without power tools, one official said.

Page 5A  "We know he was a smashing success
professionally. He graduates from Harvard at the age of
20, gets his Ph.D. in Michigan and then gets a job in the
mathematics department at Berkeley," said Michael
Rustigan, a criminologist at San Francisco State
University who assisted in crafting the investigative
profile used by the Unabom Task Force. "This is
absolutely the premier mathematics department in the
nation and he gets a job there as an assistant professor. He
has one of the most brilliant careers in the country before
him, and then he quits after two years. What happened?
That's the question. What happened?" "This kind of
success is truly an exception for serial killers," Rustigan
said.

Page 8A  The officials denied a CBS News report that
alibi evidence for two bombings had been uncovered.
"Nothing has been found that precludes him from being
the Unabomber," said a senior federal official in
Washington.

BILLINGS GAZETTE, APRIL 6, 1996

Page 1

Typewriter is a match, says federal official (Headline)

A manual typewriter found in Theodore J. Kaczynski's
shack appears to be the one the Unabomber used to type
his letters and his grand manifesto about the evils of
technology, a federal official said Friday.

Two manual typewrites were taken from the cabin and
were being analyzed at FBI headquarters in Washington,
but "it looks like the manifesto and the letters from the
Unabomber were typed on" one of them, according to the
official in Washington, who spoke on condition of
anonymity. "We'll know for sure after the detailed lab
analysis."

A federal agent speaking on condition of anonymity said
the search of the hand-built 10-by-12 foot cabin was
going slowly for fear of booby traps.


THE NEW YORK TIMES, APRIL 7, 1996

Page 1 Yesterday, investigators trying to connect Mr.
Kaczynski to the bombings determined that, as they had
suspected, he had frequently ridden intercity buses, which
would have allowed him to travel from Montana to both
Utah and Northern California, where the bomber had
been active
since 1981.

Page 13 Federal agents say Theodore Kaczynski lived in
Salt Lake City for a while in the early 1980's - though
city and state agencies there say they have no record of
him - and the bomber's activities shifted there then.

HOUSTON CHRONICLE, APRIL 7, 1996

ABC News reported late Friday that agents found
intricately carved wooden boxes in the shack.

Carved videocassette-sized wooden boxes, sometimes
made from four different woods, were used in some of
the Unabomber's bombs.

The Washington Post Saturday quoted an unnamed
official in Washington as saying they were "99.9 percent
sure" that Kaczynski is the Unabomber, who began his
campaign of terror in 1978 when a person was injured by
a bomb that exploded at Northwestern University in
Evanston, Ill.

In other developments Saturday, U.S. News and World
Report reported that, according to U.S. Department of
Justice sources, Kaczynski had relied on his family to
support him over the years, receiving thousands of dollars
from them. That could explain how a man with no visible
means of support could have traveled the county planting
or mailing bombs.

THE SACRAMENTO BEE, APRIL 7, 1996

So far, Kaczynski has been charged with nothing more
than a single count of possessing bomb components. But
the federal source said investigators who have been
hunting the Unabomber are uncovering a wealth of
information inside his ramshackle hovel and are "150
percent certain" they have their man.

Investigators looked at the documents, including letters
that Kaczynski had written over the years to his mother,
Wanda, and were stunned: They read like an introduction
to the manifesto. "I said, 'This guy either wrote the
manuscript or he is very close to the person who did,'
"said a federal investigator.


MISSOULIAN, APRIL 7, 1996

Page B2

Investigators defuse bomb
(Headline)

Investigators discovered and defused a live bomb in the
cabin of Theodore Kaczynski, the former math professor
suspected of being the elusive Unabomber, a federal law
officer said Saturday.

Agents, who have been warily searching Kaczynski's
cabin since he was taken into custody Wednesday believe
the bomb they diffused Friday was intended for someone
in particular, said the official. Authorities now have little
doubt that they have apprehended the man responsible for
placing or mailing bombs that have killed three people
and injured 23 others over the past 18 years, said the
official, who spoke on condition of anonymity. "I've been
working this case since 1985," he said. "If it isn't him, I
don't know who it is."

CHICAGO TRIBUNE, APRIL 7, 1996

Page 1

Search by FBI yields live bomb
(Headline)

The explosive apparently was intended for a specific
target, said one federal official, refusing to elaborate.

THE MONTANA STANDARD, APRIL 8, 1996

The Chicago Tribune reported Sunday that federal
agents in mid-March searched a shed at the Kaczynski
family home in the Chicago suburb of Lombard, Ill., and
found matches, traces of gunpowder and half-empty
containers of compounds used in making explosive
devices. The newspaper, citing unnamed sources, said
agents also determined that Kaczynski was in the Chicago
area when the first four Unabomber devices were planted
or mailed from there in the late 1970's and early 1980's.

THE SACRAMENTO BEE, APRIL 8, 1996

Federal sources, speaking on a condition of anonymity,
said he [Kaczynski] may have stayed in Northern
California for months at a time.

Federal sources have told The Bee that they are "150
percent" certain that Kaczynski, 53, is the elusive bomber
who has eluded them for almost 18 years.

The sources, speaking on condition of anonymity, said
they have uncovered a "gold mine" of evidence in his
Montana cabin linking him to the bombings, including
manual typewriters they believe may have been used for
typing his 35,000-word anarchistic manifesto.


MISSOULIAN, APRIL 8, 1996

Page 1 Federal agents searching the cabin of former
University of California, Berkeley, math professor
Theodore Kaczynski have found evidence directly
connecting him to at least one of the bombings carried out
by the elusive Unabomber, a source familiar with the
investigation said
Sunday.

Investigators also disclosed Sunday that the bomb
discovered in Kaczynski's cabin over the weekend was not
only fully constructed, but had batteries attached to it - a
key step in the final arming of a bomb.

So linking Kaczynski even to one of the 16 bombs is a
significant step toward connecting him to all - a
connection that investigators are growing increasingly
confident of being able to make. "It's there" said a federal
source, who requested anonymity.

AUSTIN AMERICAN-STATESMAN, APRIL 9, 1996

One official described the similarities between one of the
bombs found in the cabin and one used in a fatal attack as
striking, akin to two cars of the same make and model. "It
was as if once he found the right design, he stuck with it,"
the official said.

NEW YORK POST, APRIL 9, 1996

Page 4 Law-enforcement officials say the former
Berkeley professor is the mastermind behind a 1 7-year
bombing campaign - apparently driven by a hatred of
technology - that killed three people and wounded 23.

GREAT FALLS TRIBUNE, APRIL 10, 1996

Page 1 Sources said investigators have discovered
"something big" in the form of evidence that is more
conclusive than anything yet disclosed.

It took 17 years to arrest a suspect in the Unabomber
attacks, but the book industry isn't waiting that long to
cash in. On April 25, Pocket Books will rush into
publication "Unabomber: On the Trail of America's
Most-Wanted Serial Killer" ($5.99), by former FBI unit
chief John Douglas and Mark Olshaker. The book
recounts the FBI's long pursuit of the elusive Unabomber
from the first of the 16 bombings, which have killed three
and wounded 23, through suspect Theodore Kaczynski's
capture in Montana last week. The book will include
photographs. Douglas, an expert on criminal personality
profiling, created the FBI's first profile of the
Unabomber.

THE INDEPENDENT RECORD, APRIL 10, 1996

Page 1

Victim links
Names found in Kaczynski's papers
(Headline)

The names of Unabomber victims have turned up in
Theodore Kaczynski's writings found at his wilderness
cabin, and federal agents have discovered possible causal
contacts between him and four victims, officials said
Tuesday.

"There is a general consistency in the written plans and
the physical evidence found at the cabin scene, with the
Unabomber's work," said a law enforcement official in
Washington, commenting only on conditions of
anonymity. "The names of some victims were found in
the cabin", he said, declining to disclose them or in what
form they appeared.

THE SACRAMENTO BEE, April 10, 1996

Kaczynski is being held on a single charge of possessing
bomb components, but federal sources have said the are
certain he is the Unabomber and more charges will
follow.

Federal sources told The Bee that agents have found a
list of categories of individuals who may have been future
bombing targets - including executives and social
climbers.

"He obviously did not plan to keep his promise (to cease
bombing)," a federal source said.

Federal sources have said they are amassing evidence
that Kaczynski, who lived like a hermit in Montana,
traveled to Northern California and stayed for weeks or
months at [a] time.

THE INDEPENDENT RECORD, APRIL 11, 1996

Page 7A Report: Kaczynski had clothes that matched
famous police sketch
(Headline)

Federal agents searching the Montana cabin of
Unabomber suspect Theodore Kaczynski found aviator
sunglasses and a sweatshirt similar to those seen by the
only known witness to a Unabomber attack, newspapers in
Chicago and San Francisco reported on Wednesday. The
Chicago Tribune and San Francisco Examiner, citing an
unidentified law enforcement official, said the shirt and
glasses were found on Tuesday.

NBC Nightly News reported Wednesday that a live
bomb found in Kaczynski's cabin had been wrapped for
mailing and given a phony return address. It had not yet
been addressed to anyone, the network said.


THE INDEPENDENT RECORD, APRIL 12, 1996

Page 4A Information from Justice Department sources
indicates that Kaczynski apparently moved from Montana
back to Chicago sometime that year. The first bomb
detonated at Northwestern University in May 1978.

Page 7A "From IR wire service" The Boston Globe
quoted an FBI sources.... The source also offered
elaboration on evidence already obtained by agents. The
manual typewriter reported by some newspapers to have
matched the writing on the Unabomber's anti-technology
manifesto in fact matched the labels on letters from the
Unabomber to his targets, not the manifesto. In addition,
a large number of maps with markings consistent with
Unabomber attack sites were recovered, the source said.

THE WASHINGTON POST, APRIL 13, 1996

Page 1 Reputed 'Manifesto' Recovered
Bomb Suspect's Cabin Yields Draft Version In Search,
Officials Say
(Headline)

Page 10 Officials this week confirmed that names of
some Unabomb victims - and possible intended victims -
had been found in unspecified documents inside
Kaczynski's cabin.

The increasing evidence against Kaczynski is
"overwhelming," said one senior official involved in the
case.


THE NEW YORK TIMES, APRIL 13, 1996

Page 1 BOMBER MANIFESTO IS FOUND IN CABIN,
LAW OFFICIALS SAY
WEEK'S HUNT IN MONTANA
Manuscript Adds Crucial Piece to Body of Other
Evidence - Tie to 3rd Typewriter
(Headline)

Page 1 Federal law-enforcement officials said today that
agents searching Theodore J. Kaczynski's Montana cabin
had found the original typewritten manuscript of the
Unabomber's 35,000-word manifesto, a powerful piece of
evidence that has convinced the authorities that they have
the longsought serial terrorist.

"If we lose this one," one law-enforcement official said,
"we'd better close up and go home." The officials said the
manuscript left little room for doubt that Mr. Kaczynski
was the Unabomber. The officials said they believed that
the manuscript found at the cabin was a master copy.
From it, the Unabomber laboriously typed the copies of
the manifesto that he sent to The New York Times and
The Washington Post in June 1995, they said. Moreover,
the officials said that along with the manifesto had been
found an original of a letter sent by the Unabomber to
The Times last year.

Near the manuscript in the loft of the tiny one-room
cabin, agents found a third manual typewriter. The first
two typewrites found did not match the typewriting on the
manuscripts sent to the newspapers, and officials said
today that they were relieved that preliminary tests had
confirmed that the type on the third machine matched the
typewriting of the manuscripts.

Page 10
Copy of Unabomber's Manifesto has Been Found in
Suspect's Cabin Officials Say
(Headline)

Page 10 The officials said agents had also found
handwritten notations that might refer to some of the
bomber's victims in a loose-leaf notebook found in Mr.
Kaczynski's cabin. The notations mentioned geneticists,
airlines and computer technology.

The officials said the discovery of the manuscript in the
cabin was a legally significant find in a search that has
already yielded much physical evidence.


THE INDEPENDENT RECORD, April 13, 1996

Page 1

Manifesto Found
Unabomber's original treatise uncovered in cabin
(Headline)

Page 1 What appears to be the typed original of the
Unabomber's 35,000-word manifesto has been found in
the cabin of suspect Theodore Kaczynski, a law
enforcement source said Friday. "We have not yet
confirmed it, but it appears to be the original," the source
told The Associated Press, speaking on condition of
anonymity.

U.S. News and World Report said agents told the
magazine the manuscript was indeed the original copy and
was prepared on one of three typewriters removed from
the cabin.

Page 7A A senior federal official in Washington disclosed
earlier this week that all the Unabomber's
communications, including the manifesto, had been typed
on the same typewriter. Investigators believe he did that
deliberately so authorities could authenticate the letters
and rule out
copy-cats.

NEWSWEEK, APRIL 15, 1996

Page 37 Last week, the investigators were forced to move
quickly. From a leak, CBS News had learned about the
stakeout and was threatening to break the story.

What they found inside, reportedly after a brief scuffle
with the reclusive owner, was a do-it-yourself bomb lab.
There were scientific volumes and 10 three-ring binders
full of meticulously drawn bomb diagrams; jars full of
chemicals useful for making explosives; metal ingots that
could be used in explosives; batteries and electrical wiring
for detonators. The agents also found a pair of old manual
typewriters, one of which the Feds believe matches the
typing on the 35,000-word anti-technology screed the
Unabomber mailed to The New York Times and The
Washington Post last June. G-men also discovered and
defused a finished bomb that was all ready to be mailed.

Though Kaczynski has not yet been formally charged in
any of the Unabombings, federal officials are confident
they have the right guy. At last: federal agents had spent
more than $50 million as well as a million work hours
trying to catch the killer.

Page 42 At the Unabom project headquarters in San
Francisco last week, the FBI and ATF agents traded high-
fives. One ATF agent who's been on the case for three
years decided to step out and walk the San Francisco
streets by himself. He had seen the shattered office of the
forestry association official, splattered with body parts,
and he had talked to more fortunate victims who had
merely been injured. Now, as he walked along, he felt "a
huge sense of relief. I thought to myself," he told
Newsweek, "this guy will never kill anyone again."


U.S. NEWS & WORLD REPORT, APRIL 15, 1996

Page 30 Wanda Kaczynski didn't even ask the FBI agents
to get a warrant, so on a brisk day in the middle of
March, the agents conducted what is known as a
consensual search of the residence. "That was really a
treasure-trove," the senior Justice Department official
told U.S. News. "We started analyzing the notes and
letters. [Many] looked like the [Unabomber's 35,000-
word] manifesto. He wrote about all of the same things in,
really, some of the same phrases."

Page 31 ...and after some hurried checking, a
confidential memorandum was forwarded to Attorney
General Janet Reno saying, in the words of one key
official, "this could be the guy."

The evidence was enough for the Unabom task force to
authorize the search of Wanda Kaczynski's home. The
search, investigators say, iced Kaczynski's identification
as the Unabomber. Now all they had to do was arrest him.

Page 32 There was copper pipe of the type the
Unabomber had used in his last four explosive devices.
There was electrical wiring, C-cell batteries and a box the
FBI team was afraid to open; an X-ray machine quickly
identified the contents as a partially constructed pipe
bomb. U.S. News has learned that a subsequent search of
the cabin uncovered a completed bomb, described in a
private Justice Department communication as a "fully
functional device which is yet to be rendered harmless but
which appears to have Unabom characteristics."

Such bomb-making materials alone could not identify
Kaczynski as the Unabomber, but other items recovered
from the cabin made the identification appear to be more
airtight. Ten three-ring binders containing detailed
handwritten notes in Spanish and English closely track the
evolution of the Unabomber's explosive devices,
according to a senior official

TIME, APRIL 15, 1996

Page 40 But when they finally, carefully entered the
cabin, fearing booby traps, they found a whole bomb
factory, including a partially built pipe bomb, chemicals,
wire, books on bombmaking and hand-drawn diagrams.
The cache even included components bearing, a source
told Time, the unique signature of the Unabomber.



APPENDIX B


Copyright (C) 1996 by West Publishing Company.
Copyright is not claimed as to any part of the original
work prepared by a U.S. government officer or employee
as part of that person's official duties. All rights reserved.
No part of a WESTLAW transmission may be copied,
downloaded, stored in a retrieval system, further
transmitted or otherwise reproduced, stored,
disseminated, transferred or used, in any form
or by any means, except as permitted in the
WESTLAW Subscriber Agreement or with West's prior
written agreement. Each reproduction of any part of a
WESTLAW transmission must contain notice of West's
copyright as follows: "Copr. (C) West 1996 No claim to
orig. U.S. govt. works." Registered in U.S. Patent and
Trademark Office: WESTLAW, WIN, WESTNET, EZ
ACCESS and Insta-Cite. WIN natural language is
protected by U.S. Patent Nos. 5,265,065 and 5,418,918.

CLIENT IDENTIFIER: ALLEN/KACZYNSKI
DATE OF REQUEST: 04/15/96
THE CURRENT DATABASE IS ALLNEWS YOUR
TERMS AND CONNECTORS QUERY:

KACZYNSKI UNA-BOMB! & FEDERAL-OFFICIAL
ANONYMOUS SOURCE & DA(AFT 4/3/96 & BEF
4116196)

PAGE 1

CITATIONS LIST
Database: ALLNEWS

Search Result Documents: 2204[1]

1. 4/15/96 Wall St. J. A1 1996 WL-WSJ 3098830 The
Wall Street Journal What's News World-Wide Word
Count: 673

2. 4/15/96 Wall St. J. (Page Number Unavailable Online)
1996 WL-WSJ 3098812 The Wall Street Journal
LEISURE & ARTS
Television: Bombs Bursting on Air By Dorothy
Rabinowitz
Word Count: 911


END NOTES for Memorandum

1. Later in this memorandum we ask for an evidentiary
hearing so that we can prove to the Court that the
government is responsible for the leaks (see pp 11 and 12
below). Also at that hearing we expect to provide more
detailed statistical information concerning the number,
content and sources of damning stories that have been
published throughout America. Here we note for sake of
emphasis that what we have included in Appendices A and
B is just the proverbial tip of the iceberg, and is only
representative of the proof we expect to bring before the
Court.

2. On the issue of the requirement for a hearing on this
motion see United States v. Handy, 351 U.S. 454, 462, 76
S.Ct. 965, 970 (1956) ("[p]etitioner has been given ample
opportunity to prove that he has been denied due process
of law" based on atmosphere of hysteria and prejudice
resulting from news coverage). And also Wood v.
Georgia, 370 U.S. 375, 387, 82 S.Ct. 1364, 1371 (1962)
(record ``barren'' of findings necessary to support
conclusion that county sheriff interfered with grand jury
process by incendiary public comments). By implication
these cases suggest that upon an adequate initial showing
on issues such as these, an evidentiary hearing and
findings are required.

END NOTE for Appendix B

1. Note that the list above continues for another 300
pages. The entire list was not attached in order to
conserve the Court's time. The list is available if the
Court wishes a copy.