The following is quoted from a November 16, 1995, letter from the U.S. Department of Justice.

U.S. Department of Justice

Randall K. Rathbun
United States Attorney
District of Kansas

1200 Epic Center
301 N. Main
Wichita, Kansas 67202-4812

Topeka Office
444 Quincy
Suite 290
Topeka, Kansas 6683-3592

Kansas City Office
500 State Avenue
Suite 360
Kansas City, Kansas 66101-2433

TEL (316) 269-6481
FAX (316) 269-6108

November 16, 1995

Fred W. Phelps, Pastor
Westboro Baptist Church and Library
P.O. Box 1886
Topeka, Kansas 66604

Dear Reverend Phelps:

I am in receipt of your letter dated November 6, 1995. I am, of course, aware of the investigation that was undertaken by the ATF and am likewise aware that the investigation has been turned over to Joan Hamilton for prosecution. I have taken the position in this case that it is critical that you be treated the same—no better and no worse—than anyone else would be treated in this situation. As you may know, cases like this are ultimately turned over to the local district attorney to prosecute. If for some reason the district attorney should decline to prosecute the case, I will be more than happy to handle the matter. My understanding from talking with the DA’s office, however, is that they intend to aggressively prosecute the case themselves.

It has been my practice as U.S. Attorney never to intercede into a matter which the local district attorney wants to handle. Unless and until I hear differently from Ms. Hamilton I do not intend to interfere in their prosecution.

I apologize to you if it appeared that I was ignoring your requests for federal intervention. I was under the impression that you were being fully briefed by the ATF as to the ongoing steps in the investigation. I hope this letter addresses any concerns you might have. To the extent you have other questions, please do not hesitate to contact me.

Please give my regards to Fred, Jr.

Very truly yours,
Randall K. Rathbun
United States Attorney
District of Kansas

RKR/sjm
Cc: Joan Hamilton