EC Seattle re NORJAK statute of limitations, venue and pending investigative efforts

(12/31/1995)

FEDERAL BUREAU OF INVESTIGATION

Precedence: ROUTINE Date: 05/19/1998

To: Seattle

From: Seattle Squad 5/ PSVCTF Contact: [REDACTED] 206-667-0171 b6 b7C Approved By: [REDACTED]

Drafted By: [REDACTED] rnh 9300 Case ID #: SE 164A-81 (Pending)

Title: NORJAK; CAA - Hijacking

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Synopsis: To outline status of requested DOJ statute of limitations and venue review and highlight significant leads currently outstanding.

Details: Following a comprehensive review of investigation possible in this case at this date, the following steps have been taken:

Statute of Limitations and Venue Issue Previous opinions from the Seattle U.S. Attorney's Office and DOJ from 1976 (serial 6841, Sub JJ and DOJ letter dated 8/11/1975 - attached) indicate that this was a capital offense and thus not subject to a statute of limitations. It is this opinion that has been used as a basis for the case remaining pending. In addition, Portland filed a "John Doe" indictment in 1976, just prior to the tolling of a normal five year statute. It was apparently the opinion of the Seattle USA's Office and DOJ in 1976 that subject COOPER was not sufficiently identified to present such an indictment. Portland decided at the last minute to file an indictment apparently as a fail-safe. The investigative file for this case has always resided in Seattle. On 4/24/1998 SA [REDACTED] requested that Seattle AUSA [REDACTED] [REDACTED] request a DOJ review of A) If this matter would be prosecutable now or in the future pursuant to the capital offense opinion, B) the validity of the "John Doe" indictment returned in Portland in 1976, and C) the likely venue (Seattle or Portland) for a prosecution should a subject be identified.

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Significant Pending Investigative Efforts

Seattle continues to get a fair number of tips concerning this case. Although the majority are quickly eliminated, perhaps

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DB Cooper-21310

To: Seattle From: Seattle Re: SE 164A-81, 05/19/1998

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one per month requires follow up. Of these, about four/five per year require leads be set to other Divisions. The only significant outstanding lead at this time involves a deathbed confession of an individual who claimed to be COOPER (DUANE LORIN WEBER Sub 1055). This lead is being pursued.

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It is likely that any identification of COOPER at this date will result from either a spontaneous confession or application of newer investigative technology. In this regard, two steps were undertaken:

1. The DNA Unit was contacted and agreed to perform an unknown subject analysis on the numerous cigarette butts left by COOPER on the aircraft that day. They believed it likely that DNA could be recovered. Unfortunately, it was discovered that this evidence had been destroyed years earlier in Las Vegas.

2. Leads were set out for the Latent Fingerprint Section to perform automated analysis of the 70 latent fingerprints recovered from the hijacked Northwest Airlines aircraft in 1971. These Latents will be processed through a variety of FBI and state AFIS systems that did not exist until a few years ago.

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There are additional investigative steps possible which involve considerable manpower. It is suggested that these be held in abeyance pending the receipt of the written updated DOJ opinion.

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[REDACTED] ________________________ APPROVED Assistant Special Agent in Charge

5/21/98 Date

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139rnh01.ec ◆◆

[guess: Thanks, apparently let me] [guess: know what] [REDACTED] [guess: opinions] [guess: Know] m [guess: AG]

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b6 b7C

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DB Cooper-21311