Nichols' attorneys asked Judge Ray Dean Linder if former FBI Agent Dan Vogel could testify that he had received 22 affidavits from Oklahomans who had seen McVeigh in the company of Middle Eastern men in the months, weeks, and days leading up to thebombing, and on the day of the attack.
Nichols' attorney, Barbara Bergman, said Agent Vogel, who has since retired, also wanted to testify that he had sent the 22 affidavits he got from former TV investigative reporter Jayna Davis to FBI Agent Henry C. Gibbons. But the FBI has not shared those affidavits with anyone, and may have destroyed them.
On Monday, Judge Linderruled that Vogel could not testify for Nichols' regarding the affidavits because the Justice Department doesn't want the former FBI agent to be heard.