CAROL LIN, CNN ANCHOR: Justice Department prosecutors have a deadline to meet today in the ongoing case of Timothy McVeigh. Let's get those details now from CNN's Bob Franken in Washington -- good morning, Bob.</s>BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning, Carol. And, of course, the real deadline is a week from today. Next Monday, Timothy McVeigh has his second scheduled appointment with execution. That, of course, was extended from May after FBI documents were turned up. On Friday, his attorneys told the court that, in fact, the withholding of the documents by the FBI was -- quote -- "a fraud upon the court," which is a very serious judge. In effect -- a very serious charge -- in effect they're saying to the judge, Judge Richard Matsch, that the FBI and the Justice Department were not being straight honest with the judge -- a very serious point. In any case, today the Justice Department has to file its response. We already know that Justice is going to say that there nothing in the documents that really had anything to do with the outcome of the case, nothing in the documents that would raise questions about Timothy McVeigh's guilt in the bombing of the building in Oklahoma City which left 169 dead. So the Justice Department will argue that the execution should go on as scheduled next month. Attorney General John Ashcroft has already made that point. Plans continue in Terre Haute, Indiana for that execution. But many lawyers believe that the delay will have to be granted just to give everybody time to see who has the proper claim, whether or not there is information in those documents which could affect the outcome of the case -- carol?</s>LIN: Bob, and those missing documents which resurfaced may affect another case. Terry Nichols was sentenced to life in prison for his part in the Oklahoma City bombing. And today is the earliest possible date the U.S. Supreme Court could decide whether to grant his appeal based on those FBI papers. TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
McVeigh Execution: Justice Department Must File Response Today to Stay Request