DOWNSIDE LEGACY AT TWO DEGREES OF PRESIDENT CLINTON
SECTION: REMEMBERING THE DEAD
SUBSECTION: WACO – 9/13/99 TO DATE
Revised 2/17/00

 

 

IN THE LAST FEW DAYS….

St. Louis Post-Dispatch 2/17/00 William Freivogel Terry Ganey "…..The scientific protocol for the test calls for two different forward-looking infrared (FLIR) cameras mounted in two aircraft. A Sea Owl FLIR, nearly identical to the one used by the FBI at Waco in 1993, will be mounted in a Lynx Mk 8 helicopter borrowed from Britain. The other aircraft will be the FBI's Night Stalker equipped with a modernized version of the FLIR. Each plane will tape the test site from both 4,000 and 6,000 feet, because it appears that some images from 1993 were shot at both altitudes. Factoring in the angle from lens to target, the cameras will be about 5,500 and 7,500 feet away from their targets. The test is planned for a daywhen weather conditions are similar to the day of the siege. The soil may be moistened to increase the humidity. Tanks will churn up the soil. ......"

St. Louis Post-Dispatch 2/17/00 William Freivogel Terry Ganey "…..The firearms range will have two sets of targets, one 10 yards from the firing area and another 30 yards away. In between the two targets will be a debris field with objects that could cause a flash. One square will have junkyard debris - scattered broken vehicle side window glass, side mirrors from a car, tin cans, hub caps, insulation and foil. Another will have three sheets of aluminum. Another will have pieces of crumpled aluminum foil. Two other squares will have scattered fragments of window glass. Two oil drums will be positioned nearby - one a third full and the other two-thirds full of water. Six shooters will begin the test lying prone for 20 minutes, to see how people are viewed by the infrared cameras. This is important because the 1993 FLIR tape does not show people near the flashes. The soldiers will be wearing camouflage fatigues, sniper suits and Nomex fire-retardant flight suits. The shooters will rise and run to the shooting position for the 10-yard target and fire five single shots from a standing position. Then they will drop to a crouch position, reload and fire bursts of three shots. Then, from prone positions, the shooters will fire at the 30-yard target. Finally, an M-79 launcher will shoot rounds of tear gas and flash-bang devices. An M-60 tank, positioned over glass and aluminum debris, will then drive back and forth to see if particles kicked up near the tank's exhaust show up as flashes……"

Dallas Morning News 2/17/00 Lee Hancock "….One of the government's lead lawyers in the Branch Davidian case said for the first time Wednesday that an upcoming test could capture flashes of gunfire on the type of infrared camera used by the FBI on the last day of the siege. Lawyers for the sect said that concession by U.S. Attorney Mike Bradford, offered after a day of private negotiations on protocols for the test, indicates that the Justice Department fears the upcoming field test will prove allegations that the FBI's camera recorded government gunfire in Waco on April 19, 1993. "We're stunned," said Mike Caddell, lead lawyer for the Branch Davidians. "This is a complete about-face for the government, and coming on the eve of the demonstration, it's very telling. It can only mean that they realize that this demonstration is going to prove what we've said all along: that the flashes on the April 19 videotape are gunfire from government positions." …….. But on Wednesday, Mr. Bradford said: "It's not our position, it's never been our position, that it is impossible under any circumstance to capture gunfire on FLIR technology. We don't know whether gunfire will or will not appear on this test. We have consistently said that the flashes on the April 19 tape are not gunfire." ……. "

Dallas Morning News 2/17/00 Lee Hancock "….After Wednesday's meeting at Mr. Danforth's office, both sides agreed to the public release of a full set of plans for the tests. The release was in itself a reversal. For months last fall, government lawyers fought proposals for field tests, in part, with arguments that even basic information about the FBI camera - including even its manufacturer and the altitude at which it was flown - was should be kept secret. But during the meeting, attended by lawyers and experts for both sides and the judge hearing the case, representatives from the Pentagon announced that basic performance data about the British-made GEC-Marconi camera had been declassified and could be released. …….. In court pleadings last fall aimed at blocking an infrared test, government lawyers argued that the only type of scientific study that the government could accept would involve trying to determine whether it was possible for the camera to capture any kind of gunfire. …….. Some of the FBI's most experienced infrared camera operators said in depositions late last year that they did not believe their camera in Waco could detect flashes from any gunfire…… Mr. Bradford said Wednesday that the sworn statements of the bureau's infrared operators did not represent the government's official position on the matter……"

Dallas Morning News 2/17/00 Lee Hancock "…. The tests hammered out on Wednesday will be conducted in the last half of March, using a British Royal Navy Lynx Mk 8 helicopter outfitted with a Sea Owl camera, a system similar to that flown by the FBI in Waco. The FBI also will fly its camera on its "Nightstalker" fixed-wing aircraft. The camera is the same GEC-Marconi used in Waco but has been significantly upgraded since the 1993 siege. Each aircraft will record two separate test sequences in which U.S. Army personnel will fire weapons carried by both sides during the Waco seige. Weapons will include a sniper rifle, one regular MP-5 machine gun and another equipped with a silencer, an automatic shotgun, an M-16 rifle, an M-60 machine gun and M-79 grenade launchers outfitted with both non-burning "ferret" tear-gas rounds and military-issue, pyrotechnic gas grenades. The cameras also will record footage of fields of debris, including aluminum and glass, as well as containers of water. Some of those test recordings will include exercises in which combat engineering vehicles and Bradley fighting vehicles - armored tanks used by the FBI in Waco - are driven over the debris fields. Recording the debris and water will provide comparative data that could help resolve the government's claim that sunlight reflections or flashes generated by actions of the tanks caused the blips of light on the April l9 video……. The two cameras also will record footage of personnel running, crouching, firing weapons and maneuvering while wearing fire-resistant "Nomex" flight suits and body armor like that worn by the FBI's hostage rescue team in Waco. Other personnel will be photographed in black raid gear, sniper camouflage suits and camouflage rain gear……."

Dallas Morning News 2/17/00 Lee Hancock "….The protocol signed by all sides in the case on Wednesday includes no provision for allowing the media to cover the test. But both Mr. Bradford and lawyers for the sect said it remains undecided whether some form of media coverage will be allowed. …The Dallas Morning News and The Associated Press filed a motion Tuesday asking Judge Smith to allow media to be present at Fort Hood. ……. "

Dallas Morning News 2/16/00 Lee Hancock "….Media organizations on Tuesday challenged the secrecy of a test to determine whether government agents fired on Branch Davidians in the 1993 siege. And lawyers for the sect publicly acknowledged disagreements about whether secret plans for the test included enough safeguards to ensure its validity. One lawyer for the Branch Davidians said Tuesday that he was so suspicious about the plans for the infrared field test that he was preparing a backup test at the site of the standoff. James Brannon, one of several lawyers representing sect members in a federal wrongful-death lawsuit, said his backup test would be carried out if the court-sponsored field trial at Fort Hood in March did not clearly demonstrate that the infrared camera used in the Waco siege could and did detect gunfire. But Mike Caddell, lead lawyer for the Branch Davidians, said after meeting Tuesday with the scientific experts who will supervise the test that he thought its design would address not only valid scientific questions but even popular theories unsupported by evidence. ……"

Dallas Morning News 2/16/00 Lee Hancock "….The Dallas Morning News and The Associated Press filed a joint motion Tuesday requesting access to the test. "The public's interest in having an independent and objective source for information about the field test far outweighs any reason that might be offered for prohibiting media access," the motion argued. "Insofar as the government seeks to protect top secret or otherwise classified information, the media's presence at the field test does not compromise any such secrets. "The military equipment, ordnance and operations that will be utilized during the field test is the same equipment, ordnance and operations the media observed during . . . April 1993," the motion said. …..Mr. Brannon, whose clients include the family of Branch Davidian leader David Koresh, said he fears that secrecy will undermine public confidence and needed outside scientific scrutiny. "I cannot put faith in a test that is essentially subject to being sabotaged, and I think this is," he said. "If this test does not show gunfire on both of the cameras being used, we will know that one or both have been rigged, and we will set up another, nonriggable test." ….."

Albuquerque Journal 2/16/00 Mike Taugher "…..The children of an isolationist religious sect remained in hiding early this week, more than two weeks after state authorities went to the group's compound south of Gallup and tried to take two of the children into protective custody. Meanwhile, some local law enforcement officials are criticizing the action by the state Children, Youth and Families Department, saying it was based on statements of a single witness who has a history of making unfounded allegations to police. The attempt to remove the children from the Aggressive Christianity Mission Training Corps followed a series of television news reports by Darren White, the state's former top police official, who recently quit his job as secretary of the Department of Public Safety and is working as a reporter for KRQE-TV, Channel 13. In reports beginning in December, White compared the group to three cults whose members died in dramatic fashion -- either mass suicides or, in the case of Waco, a massive fire. ….."

Associated Press 2/16/00 Connie Farrow "…..The government and lawyers for the Branch Davidians agreed Wednesday on how to re-create conditions of the 1993 siege on the group, in hopes of putting to rest questions about whether federal agents fired shots at the compound……. The decision to open the test rests with U.S. District Judge Walter S. Smith Jr. He is presiding over the wrongful death lawsuit filed by the Branch Davidians against the government. The government has insisted that no agents fired their weapons. But the Branch Davidian plaintiffs, backed by infrared experts, contend that the bursts of light on the FBI tape can be nothing other than gunfire. "When the test is completed, it will still be subject to interpretation by various parties," Bradford said. "I think that's going to be inevitable as part of the process." …….. "Personnel will be filmed in crouching, kneeling and in standing positions," Caddell said. "They will wear different types of body wear, such as body suits and camouflage, to help determine whether the clothing somehow keeps them from being visible" to infrared cameras…….. After the test, a company chosen by Danforth called Vector Data Systems will verify whether the conditions of the test were satisfactorily met. Vector will give the original tapes to the court, and the parties in the lawsuit will proceed with their own analyses of the data. ….."

yahoo.com 2/15/00 AP "…. News organizations asked a federal judge Tuesday to open to the public an upcoming field test that is likely to resolve the key outstanding question from the Branch Davidian siege: whether federal agents fired on the compound in the final fiery moments. In a motion, lawyers for The Dallas Morning News and The Associated Press argued that the public's interest in the case trumps any secrecy claims that the government could assert concerning its conduct during the 51-day standoff…… Issues surrounding the siege and its deadly end continue to be of enormous interest to the public, Dallas attorney Paul Watler argued in Tuesday's filing on behalf of The Dallas Morning News and the AP. The St. Louis Post-Dispatch and Waco Tribune-Herald also planned to press the case for public access. "Shrouding the test in secrecy serves only to undermine the public's confidence in any such findings or conclusions," the news organizations said in the filing. …."

 

THE WASHINGTON TIMES 2/14/00 Bill Gertz "….. The Justice Department did not prosecute the former head of its intelligence division despite his admission to investigators that he disclosed classified information, The Washington Times has learned. Richard Scruggs, a friend of Attorney General Janet Reno's, who brought him to Washington, provided secret information to two reporters about an electronic eavesdropping FBI operation against the Japanese group Aum Shin Rikyo in 1995, according to Justice Department officials familiar with the case. Justice Department officials disclosed some aspects of the investigation into unauthorized disclosure on condition of anonymity. It is the first time information has been disclosed from the secret court set up under the 1979 Foreign Intelligence Surveillance Act. The Justice Department's downplaying of the Scruggs findings is similar to the CIA's limited response to former director John Deutch, who was caught mishandling classified documents but not prosecuted. In both cases, government officials have charged that security infractions were covered up to protect senior personnel……"

THE WASHINGTON TIMES 2/14/00 Bill Gertz "….. Mr. Scruggs worked with Miss Reno when she was a prosecutor in Florida and was offered a job on her Justice Department staff in the early 1990s. He was placed in charge of writing the 350-page "after action report" on the Justice Department's handling of the Branch Davidian standoff. The report was submitted in October 1993, six months after the incident……Some officials suggested Mr. Scruggs was not punished for disclosing intelligence because of his friendship with Miss Reno and because he helped protect her from criticism after the Waco affair….."

THE WASHINGTON TIMES 2/14/00 Bill Gertz "…..Mr. Scruggs also was singled out for criticism in a recent internal Justice Department report on the department's mishandling of the case of fired Los Alamos scientist Wen Ho Lee, who is suspected of passing nuclear weapons secrets to China. The report by Justice official Randy Bellows criticized Mr. Scruggs for his role in setting the department's intelligence policy, including the decision not to seek a court order allowing the FBI to place Mr. Lee under surveillance early in the espionage investigation. One former U.S. government official said Mr. Scruggs' treatment showed the department covered up security infractions by senior officials, but aggressively pursued similar misconduct for lower-ranking officials. Numerous FBI investigations have been ordered by the Justice Department into other leaks of classified information…….. .CIA Director George Tenet, who is in charge of protecting all secrets, was never notified of the leak investigation, the officials said. The committees of Congress with oversight responsibility for the intelligence community also were not informed….."

THE WASHINGTON TIMES 2/14/00 Bill Gertz "….. The reporters' book revealed that the FBI and Justice Department were at odds over how quickly to install electronic eavesdropping devices in the offices of Aum Shin Rikyo in New York shortly after the group's poison gas attack in a Tokyo subway. The surveillance and break-in at the group's New York offices required approval by the secret court set up under the 1979 Foreign Intelligence Surveillance Act to authorize searches and eavesdropping in counterspy and counter-terrorism cases. According to the book, Mr. Scruggs delayed approval for the electronic bugging because of a lack of evidence. The holdup angered James Kallstrom, director of the FBI's New York office….."

THE WASHINGTON TIMES 2/14/00 Bill Gertz "….. Mr. Scruggs said he was assigned to "shadow" the two reporters during their work on the book and that the department's cooperation was approved by Miss Reno. Mr. Scruggs also said the probe was not "a leak investigation." However, other officials familiar with the case said it was. One official close to the investigation said Mr. Scruggs was the original source for the intelligence material contained in the book and admitted it during the subsequent investigation by the Office of Professional Responsibility……"

St. Louis Post-Dispatch 2/15/00 William Freivogel Terry Ganey "….. The St. Louis Post-Dispatch went to court today to open Wednesday's meeting to discuss the scientific test for determining if the FBI fired at the Branch Davidians during the 1993 Waco siege. Attorneys for Pulitzer Inc., owner of the Post-Dispatch, filed a motion with U.S. District Judge Walter S. Smith Jr. seeking permission to attend the unclassified portion of Wednesday's meeting. ……. In another court action, the Dallas Morning-News and The Associated Press are seeking to open the test itself. …… The newspaper cited Supreme Court decisions recognizing a First Amendment right to access to pretrial hearings and proceedings in civil cases. Before a judge can close a hearing, the court must "both articulate the interest it seeks to protect and make findings specific enough to permit a reviewing court to determine whether the closure order was properly entered.". …… The motion filed by the Dallas Morning News and the AP said that opening the test at Fort Hood would "assist the public in gaining a greater understanding of the events surrounding the Branch Davidian raid, including whether government agents fired shots on April 19, 1993."……. The news organizations argued that allowing the press to view the test did not threaten military secrets. The equipment that will be used is the same as that used at Waco in 1993 and the press would be no closer to it in the reenactment than it was during the original event. "Permitting the media to observe the operation of known military equipment...hardly poses a risk to any classified information." ……. A spokesman for the British government confirmed Tuesday that it had insisted that the test be closed as part of the agreement to provide a GEC Marconi infrared camera that is almost identical to the one used Waco…… Johnny Hodgkins, a spokesman for the British Ministry of Defense, said he could not say why the test had to remain a secret. "It's a piece of military hardware," Hodgkins said. "We have sensitivities attached to bits of the equipment.'' …."

dallasnews.com 2/14/00 Lee Hancock "….A military scientist told Justice Department lawyers in 1996 that the FBI's infrared camera was capable of recording gunshots at Waco. But the government never pursued his proposal for tests to determine whether gunfire caused repeated flashes recorded at the end of the Branch Davidian siege, officials said. ……. The spokesman for the House committee re-examining the standoff said the Justice Department's handling of the Air Force scientist's recommendations and the recent field test proposals are the latest examples of what appears to be a long effort to avoid full disclosure of government actions in Waco. "This goes back to 1996. That's three years after the tragedy at Waco," committee spokesman Mark Corallo said. "So here we are, three years after the fact, with still unanswered questions, and the Justice Department somehow decided not to get the answers." "The perception is that they don't want to get to the bottom of this. Whatever their reasons are, the message that it sends to the public is one of cover-up and obfuscation," said Mr. Corallo, whose committee held extensive 1995 Waco hearings and began a new inquiry last fall. "Why not just do everything they can to answer the questions and put this case to rest?" ……."

dallasnews.com 2/14/00 Lee Hancock "….The scientist was questioned at Mr. Danforth's St. Louis office and interviewed in Washington. Officials familiar with his account said he told investigators that he was working at the National Air Intelligence Center in late 1996 when he was contacted by Justice Department lawyers. The center, part of Wright-Patterson Air Force Base in Dayton, Ohio, evaluates foreign military technology……… The Justice lawyers told the Air Force scientist in late 1996 that they needed help in evaluating repeated, rhythmic flashes on a videotape recorded by an airborne FBI infrared camera April 19, 1993, the last day of the Branch Davidian siege……. A retired defense expert had given the sect's lawyers a written opinion in March 1996 that the flashes could have come only from government gunfire. That declaration was filed in September 1996 in the Branch Davidians' wrongful-death lawsuit………Many of the flashes on the video that the plaintiff's expert called gunfire appeared around government tanks that were bashing into the sect's building and spraying in tear gas. Others appeared to come from compound windows, toward the tanks. ……"

dallasnews.com 2/14/00 Lee Hancock "….He offered the opinion shared by independent infrared experts that the camera's capabilities would allow detection of only a fraction of any series of shots fired. Some experts with extensive experience in infrared analysis have said they would expect about 50 of any 100 shots to be detected and recorded by the type of camera used in Waco. The Air Force scientist, who had not previously done infrared such as the M-16 or the M-60……. Some FBI agents in the April 19 operation carried CAR-15 assault rifles, short-barreled versions of the M-16. That could prove important, some experts said, because the muzzle flash of a CAR-15 extends almost a foot from its barrel, while the M-16 flash extends a few inches. "If an M-16 could show up, then a CAR-15 would be even more likely to be detected. The blast from a CAR-15 looks like a blowtorch," one expert said......."

dallasnews.com 2/14/00 Lee Hancock "….Even after Judge Walter Smith ordered a test, Justice lawyers filed a pleading in late November arguing that any field test would be unreliable and inadmissible in court. They said the FBI camera was one of a kind and had been significantly upgraded since 1993, making an accurate test impossible. They added that it would also be impossible to replicate environmental conditions of April 19. Justice lawyers instead proposed theoretical studies to explore what gunfire might look like and whether it would show up at all - the same kind of analysis that federal officials said the Air Force physicist had conducted in 1996 before proposing a field test…….. In late December, the Waco special counsel's office filed a court pleading stating that it had learned from the maker of the FBI camera that it was a relatively common device still used by foreign military forces. That filing stated that the government had dropped its opposition and accepted a British infrared expert chosen by the special counsel as court-appointed supervisor for a field test. ...... In January, British government officials said, the special counsel asked to borrow a Royal Navy Sea Owl infrared system mounted on a Lynx helicopter for the court-ordered field test. Experts say the camera is identical to the FBI's 1993 device……."

postnet.com St Louis Post-Dispatch 2/14/00 William Freivogel "….The public and the press will be barred from next month's test to determine whether the FBI fired on the Branch Davidians during the 1993 siege near Waco, Texas. The public will also be barred from Wednesday's meeting to plan the test. U.S. District Judge Walter S. Smith Jr. told the Post-Dispatch Monday that reporters would not be able to attend the test. "For national security and safety reasons, access will be strictly limited," he wrote. "Neither the media nor the public will be permitted to attend." In a brief interview Monday, Smith said the decision was not his. "You have two governments here, and the British government is the one with the national security concerns," he said…….. The decisions to close the test and the meeting about the test ran into strong criticism on Monday from legal and constitutional experts and from lawyers for those Branch Davidians who survived the 1993 siege and are suing the government. ……Paul McMasters, the First Amendment ombudsman at the Freedom Forum in Arlington, Va., noted that the government had pushed back the press before the ill-fated assault on the complex in 1993. "If the press had been allowed to cover the actual event, we might not be having to go through a court case and a government investigation seven years later," said McMasters, the former managing editor of the Springfield (Mo.) News-Leader…… McMasters said that relying on the use of British equipment to explain why the test is closed seems to be more of a "cover story" than a good reason for keeping the press out. ……. Ronald Levin, a Washington University law professor and an expert on court procedures, said the Wednesday meeting is unusual because it is being held in Danforth's office instead of the judge's. ……. Michael Caddell, the lawyer for the Branch Davidians, blamed the Justice Department for the secrecy. "I know that obviously the government was admantly opposed to having anyone present," he said. "I think the judge probably erred on the side of caution. When you raise the specter of national security, it's kind of hard for a judge to say no to that. It's a trump card that gets pulled out, and frankly, there is little he can do. It would be beneficial for the press . . . to observe the test. ….."

 

 

PREVIOUSLY IN THE NEWS…

Michelle Mittelstadt, Associated Press 9/14/99 "…The federal prosecutor who raised questions about a possible Justice Department cover-up in the Waco standoff was abruptly removed from the case along with his boss, according to a court filing made public today. Deputy Attorney General Eric Holder recused U.S. Attorney James W. Blagg in San Antonio and assistant U.S. Attorney Bill Johnston in Waco from any further dealings in criminal or civil proceedings related to the siege. Holder appointed the U.S. attorney in a neighboring district as a "special attorney to the U.S. attorney general.'' …."

Michelle Mittelstadt, Associated Press 9/14/99 "…Johnston also has been at odds with Blagg, his superior, and other Justice officials over the investigation of the government's actions during the standoff with the Davidians at their compound outside Waco. It was Johnston who pressed Justice Department officials to allow independent filmmakers to review evidence sifted from the charred ruins of the Davidians' compound — evidence that led to the FBI's recent admission that potentially incendiary tear gas canisters were fired on April 19, 1993. …..The recusal notice provides no explanation for Holder's action….."

Reuters 9/13/99 "...The Justice Department gave Congress documents in 1995 describing the use of military tear gas rounds during the assault on the Branch Davidian compound in Waco, Texas, congressional Democrats said Monday. ..... The documents, sent to the panel during its 1995 probe of the incident, include summaries of interviews with FBI agents who participated in the assault and a co-pilot of the FBI surveillance plane above the compound, who reported hearing radio traffic describing ``some sort of military round to be used on a concrete bunker.'' Others include handwritten notes stating ``smoke from bunker came when these guys tried to shoot gas into the bunker (military gas round)'' and noting the use of ``one military tear gas round ... rounds bounced off.'' One summary of an interview with an FBI agent by a Justice Department attorney stated that ``smoke on film came from attempt to penetrate bunker w/1 military and 2 ferret rounds.''....``For six years the Justice Department has claimed it did not use any pyrotechnic devices,'' panel spokesman Mark Corallo said. ``Nothing Mr. Waxman said today can change the fact the Justice Department knew about this for six years and has denied using these devices for six years.'' ....."

World Net Daily 9/14/99 Joe Farah "….Yesterday, the Fort Worth Star-Telegram reported that FBI agent Charles Riley said all the way back in June 1993 that he heard shots fired from a sniper post occupied by agent Lon Horiuchi, according to court documents filed by Branch Davidians and relatives as part of a wrongful-death suit scheduled to go to trial next month….Imagine that. Eight months earlier, Horiuchi had blown Vickie Weaver's head off while she stood in a doorway in an isolated rural area. She was no threat to anyone, not wanted on any charges and, of course, unarmed -- unless the FBI now considers infants dangerous weapons. Horiuchi was indicted for manslaughter by Idaho authorities for the shooting, but the charges were thrown out. ….. "

World Net Daily 9/14/99 Joe Farah "….The FBI spent two years investigating Horiuchi's actions at Ruby Ridge, ultimately giving him a clean bill of health. But, in light of the latest Waco revelations, let's review those actions. On Aug. 21, the FBI killed Weaver's son, Sammy. The next day, overcome with grief, Weaver, his 16-year-old daughter, Sara, and a friend, Kevin Harris, ventured out of their cabin to see Sammy and bury him. As Weaver reached the shed where his son's body rested, Lon Horiuchi opened fire on him. One round struck Weaver's underam. "I'm hit," Weaver hollered. Daughter Sara tried desperately to push her father back to the safety of the cabin. Harris ran, his back to the snipers. "I'm hit, Momma," Randy had cried to Vicki as he ran toward the door that Vicki had been holding open for them. "I'm hit." "Get in here!" Vicki shouted. Those were her last words. Horiuchi's bullet smashed into her head and blew off the side of her face. And after she fell, her husband pried the baby from her arms. Weaver and his daughter dragged Vickie's body through the kitchen, her blood flooding the floor.

World Net Daily 9/14/99 Joe Farah "….Horiuchi told investigators he had been trying to kill Harris when he hit Vickie….. Nevetheless, despite all the obvious questions, there was Horiuchi again, eight months later -- on the firing line, in the sniper's post -- when the FBI's targets included women and kids in a church compound in Texas. Once again, the FBI's favorite hitman had an itchy trigger finger. One of his own colleagues reports he heard rounds firing from his perch on the last tragic day of the Waco siege. This story is getting stranger all the time. Just when you thought you had heard the worst about your government, it surprises you with new lows of murderous contempt for human decency. But, remember, Horiuchi is only a trigger man. Like he told investigators in a plea reminiscent of the Nazi war criminals: 'I was only following orders.' Indeed, he was. Let's not allow Horiuchi to be the scapegoat for Waco…."

Washington Post 9/14/99 Lorraine Adams David Vise "...The report raises questions about whether the FBI used gunfire on the final day of the siege, which the bureau has denied...... They found shell casings "which may show that the FBI snipers fired rounds on 04-19-93," according to their report. The Rangers also found a device called a "thumper round" and concluded it was designed to knock down a door and could, under certain conditions, start a fire. ....

Washington Post 9/14/99 Lorraine Adams David Vise "...In an emotional five-page letter, a Justice Department official in Texas has warned Attorney General Janet Reno that she has been misled by people within her own department about the Waco siege and the role of federal agents. The letter from U.S. Assistant Attorney William Johnston reveals a catalogue of frustrations--with the FBI for altering the original crime scene, with Justice Department officials for their poor handling of the 1995 congressional probes, and with the department's torts branch for trying to keep evidence from the public. "I have formed the belief that facts may have been kept from you--and quite possibly are being kept from you even now, by components of the Department," Johnston wrote in a letter dated Aug. 30....The letter was released yesterday by the Texas Department of Public Safety as an appendix to a Texas Rangers' report outlining overlooked Waco evidence......In passages that take up the majority of the letter, Johnston said many people inside the Justice Department knew this past summer of the FBI's use of devices that could have caused the fire but failed to tell Reno...... "It is my own hypothesis that the Torts Branch has had these documents for years, and that they decided not to make them available to plaintiffs," Johnston wrote. "The Torts Branch or some other component also apparently decided not to let you know about these documents." ...."

Washington Times 9/14/99 Jerry Seper "....An FBI sharpshooter who killed the wife of white separatist Randy Weaver during a 1992 siege in Ruby Ridge, Idaho, manned a sniper post outside the Branch Davidian compound near Waco, Texas, where Texas Rangers found spent rifle casings. FBI Hostage Rescue Team member Lon Horiuchi, who saw involuntary manslaughter charges brought by state officials in the death of Vicki Weaver later dismissed by a federal court, was in one of two sniper posts outside the Davidian compound during the FBI's 1993 Waco siege. A report released yesterday by the Texas Rangers on the Waco tragedy said a dozen .308-caliber shell casings, two dozen .223 casings, three .45 casings and a .22-250 casing were found at the post manned by Mr. Horiuchi and at another sniper site. The .308 casings are similar to those often used by snipers and are consistent with the round used by Mr. Horiuchi in the death of Mrs. Weaver. Mr. Horiuchi, a 15-year FBI veteran and graduate of the U.S. Military Academy at West Point, N.Y., has not been available for comment. He told Justice investigators shortly after the Waco raid that "none of the snipers under his control at Sierra-1 fired any rounds from their weapons.".....

Washington Times 9/14/99 Jerry Seper ".........During the April 1993 Waco raid, FBI agents were authorized to use deadly force. Richard Rogers, head of the hostage-rescue team, said that while the Davidians did shoot at the agents, the FBI did not fire "a single shot" because they did not "acquire clear and identifiable targets." But two experts in thermal imaging are expected to testify during the wrongful death trial that an infrared video shows that gunfire was directed at the compound. That testimony and the Riley statement were what U.S. District Judge Walter Smith Jr., who will oversee the trial, cited as "at least some evidence" to support the claims that Davidians were afraid they would be shot if they tried to escape from the compound. Judge Smith refused to dismiss Mr. Horiuchi as an individual defendant in the suit, although he dismissed other individual defendants, including numerous FBI and ATF agents. Mr. Horiuchi testified he did not mean to shoot Mrs. Weaver, 42, as she stood in the doorway of their remote Idaho cabin. He said the shot was intended for Kevin Harris, a family friend who was armed. The fatal shot came from a distance of 200 yards, fired from a specially modified .308-caliber sniper rifle. A federal judge dismissed the state charges against Mr. Horiuchi in May 1998, saying he was acting in the line of duty. The Justice Department had argued he was protected by an 1891 Supreme Court ruling preventing federal officers from being prosecuted by states for actions within the scope of their job...."

Washington Times 9/14/99 Jerry Seper ".........Coupled with reports of the expended shell casings and a two-page statement by FBI Agent Charles Riley -- who said he heard shots fired from a sniper post occupied by Mr. Horiuchi -- the new information will generate further public and political pressure for full disclosure of the FBI's actions in Waco.....But bureau officials, who asked not to be identified, said Mr. Riley later retracted his statement, saying he heard no gunshots from the sniper post.....Commissioner James B. Francis, who heads the Texas Department of Public Safety, has said there is some indication "gunfire took place there by government police officers," although he declined to elaborate. He said it was "a subject matter that needs to be investigated."

Washington Times 9/14/99 Jerry Seper ".........In an Oct. 30, 1993, report, the Justice Department said the FBI and the ATF acted responsibly during the siege and that Branch Davidian leader David Koresh was to blame for the carnage. Records show the FBI told Justice within months of the raid it had used incendiary devices, but the department never made the information available to Congress or the public....."

Washington Times 9/14/99 Jerry Seper ".........In a December 1993 report, the FBI said it had found "a fired U.S. military 40 mm shell casing which originally contained a CS gas round" and two other "expended 40 mm tear gas projectiles." That information was listed on the last page of a 49-page report the FBI gave to Justice and the Rangers. Justice said last week only the first 48 pages of the report were turned over to Congress, which held hearings on the siege in mid-1995. Congressional Democrats argued yesterday, however, that Justice gave Congress the full report in 1995, saying the entire 49-page document was located by Democratic staff members in House Government Reform Committee files. Rep. Henry A. Waxman of California, ranking Democrat on the committee, said he has forwarded the documents to Mr. Danforth.....

Washington Times 9/14/99 Jerry Seper ".........Meanwhile, Tarrant County Medical Examiner Dr. Nizam Peerwani said he would welcome the opportunity to reopen his inquiry into how the Davidians died. He headed the team that performed autopsies on Mr. Koresh and his followers, including the children, and said it may be possible to determine whether any of the 23 Davidians killed by gunfire were shot from outside the compound....."

News World Communications, Inc. Mark England Tribune-Herald staff writer ".....Edward Allard was listed among the plaintiffs' expert witnesses for the lawsuit, set for trial on Oct. 18. Allard - who made similar claims in the 1997 film Waco: Rules of Engagemen t - said he recently analyzed another FLIR tape brought to him by Mike McNulty, who is producing his second film on Waco....... "Any layman can look at what I looked at and say it's gunshots, assuming he knows something about gunshots," said Allard, who worked 10 years in the Army's Night Vision Laboratory and is a physicist at a private company in Virginia. On at least three occasions, the FLIR film he analyzed showed automatic weapons fire directed at the Davidians on April 19, 1993, once while their residence was in flames, Allard said. A government plane shot the FLIR images while circling Mount Carmel at 9,000 feet. "What the FLIR shows is that while a fire is engulfing the kitchen area, gun positions on the outside are pouring automatic gunfire in there," Allard said. "I stopped counting at 45 shots. You don't see 45 shots. You see a flash here, a flash there. But if you break the film down, you can actually count the number of rounds." The gun positions were about 30 yards away from the kitchen area, according to Allard, who believes the Davidians were essentially trapped in the fire. Justice Department and FBI officials declined to comment on Allard's allegations....."

News World Communications, Inc. Mark England Tribune-Herald staff writer ".....Attorney Mike Caddell, who represents some of the plaintiffs in the Davidian lawsuit, said he saw the FLIR tape that Allard analyzed. Caddell plans to present it during the upcoming trial, he said. "I think it's the most dramatic evidence that there was gunfire from government positions," Caddell said. "At the end of the day, I think that's what this case is going to be about. I don't know this many years after the fact if we can prove who started the fire." Allard said the FLIR tape also shows two instances where men fired at least 15 shots at the Davidians while using a tank as cover. ...... A firm hired by the Washington Post to examine the FLIR images seen in Waco: Rules of Engagement argued that the flashes could be reflections of sunlight. Allard dismissed that premise, arguing that the company making the claim handles government contracts. He also claimed its methodology for studying the FLIR tape was flawed. Allard said you can measure the flashes shown on the FLIR tape in 60ths of a second. Some of the flashes last 3/60ths of a second, which he said corresponds to automatic weapons fire. "No technical person I know of that's looked at the tapes said it's anything but gunfire," Allard said. ...."

News World Communications, Inc. Mark England Tribune-Herald staff writer ".....The FLIR tape also picked up an image of Davidians on rooftops shooting at targets away from their residence, according to Allard, who said the gunfire took place before the fire. "All we saw were two gun positions on the roof," Allard said. "We couldn't see the men at all. They had warmed up. They were the same temperature as the roof. The FLIR, which sees changes in temperature, couldn't see them. We saw flashes, three of them. They appeared to be firing into the field around them." ....."

The American Partisan 9/14/99 Michael Allen "....Danforth was a moderate senator when he served, never imagining that anything was wrong with America except that it had a high deficit. He was not the sort of man who was worried about government tyranny. As head of the committee, he will likely not want to stir up a "rebellion of the radicals." But that may be unavoidable now. The radicals know the significance of Waco in American History....... After the initial outrage, and subsequent Justice Department cover-up, news of the incident was only found from dedicated researchers. Yet now, there is a revival of investigating the raid. New FBI revelations have spurred a flurry of anti-government rhetoric from the Right. Even if it is mere partisanship (how many Republicans asked for George Bush to resign after Ruby Ridge?), at least it is directed against the State...... Now, Reno's Justice Department will continue its shameless manipulation of truth. In the current federal government, the department is not looking to protect the people from government but government from public scrutiny. Little wonder then, that it has been the Texas Rangers who have been tireless in obtaining federal documents and protecting FBI agents-turned-informants from harassment and threats by the Justice Department. This is the way federalism should work - the state protecting its citizens from federal power. However, Texas can't punish Janet Reno, President Clinton, and the others who commanded the raid. It is Congress who must do that. Unfortunately, one sees Reno and Clinton dancing jigs at the thought of being seriously investigated by this Congress...... After all, Danforth is brought in by Reno. She would not hire her own hitman. Danforth will see them fairly; he is an honest man. But he would never have been brought in if he sees things with radical vision (otherwise known as "seeing things as they are"). He won't scratch too far below the surface. If anyone does, it will be the Texas Rangers -- if the Feds don't crush them first....."

The Cincinnati Enquirer 9/12/99 Peter Bronson ".... As the charred remains of 82 men, women and children were still cooling, tanks lurched back and forth crushing the rubble, caught on video tape obliterating evidence of what took place at Mt. Carmel on April 19, 1993. Some blame stupidity. Some think it was criminal. I'd call it criminally stupid...... Instead, the ATF-Troop tipped Dallas TV stations to expect "something big," assembled an assault team trained by Army Special Forces and invaded Mt. Carmel in cattle trucks. Along the way, a TV crew spilled news of the attack to a mailman - a Davidian who called to warn Mt. Carmel. Surprise was lost. The ATF knew it. They went in anyway. ...... Now, six years after the FBI went in to clean up the ATF's mess - and made it worse - another outside investigation will ask if the FBI also lied and covered up its criminal stupidity. It would be nice to know who shot first, if the FBI's pyrotechnic devices and tear gas started the fire, and if tanks deliberately destroyed evidence. But the big question is: Why did this happen? ......My theory: The ATF, threatened with funding cuts, found an easy target for TV publicity by cooking up lies about guns and drugs stockpiled by a Texas cult. Their raid backfired and the ensuing FBI siege (Nancy Sinatra tapes and dying rabbits) made the new president look wimpy. Bill Clinton called the shots on Waco through his Justice Department crony, Webster Hubbell. Attorney General Janet Reno was as clueless as she looks - out to lunch when the assault began...... "

Ft. Worth Star-Telegram 9/14/99 Susan Parrott "....Caddell said he is still waiting on key evidence from the government, including audio tapes and videotapes from April 19, 1993, the day that the Davidians' compound 10 miles west of Waco went up in flames, killing David Koresh and about 80 of his followers, ending a 51-day siege. In the government's motion, attorneys said they have gathered for the plaintiffs approximately seven boxes of documents, plus several boxes containing videotapes, audio tapes, photographs, diagrams and other materials. "Additional files are being searched, and it is expected that more materials may be made available shortly," the motion states...... "

Detroit News 9/14/99 Jonathan Weisman The Baltimore Sun "....The documents, which have been in the possession of House Republicans for the past four years, disclose the FBI's use of potentially incendiary tear gas rounds during the disastrous assault in 1993. "They appear to conflict fundamentally with the assertions ... that evidence about the use of military tear gas rounds was deliberately withheld from Congress," said Rep. Henry A. Waxman, D-Calif., in a letter to former Sen. John C. Danforth, the Waco special counsel. The newly released documents mesh well with a report released Monday by the Texas Rangers, in which Ranger Sgt. George L. Turner revealed that FBI agents told him in January 1994 about the use of military rounds. Turner indicated that he did not see the significance of the admission. "I never came forward with the information that would seem to indicate that an explosive projectile was fired on April 19, 1993," Turner admitted, in a June 30 letter to a superior, Chief Bruce Casteel. "But I was never asked the question." ....."

Ft Worth Star-Telegram 9/14/99 Ron Hutcheson Gabrielle Crist ".... New congressional investigations into the 1993 standoff near Waco have resulted from recent news reports that the FBI did not disclose the use of military-type canisters until this year. But Waxman, a Democrat from California, said congressional investigators were told about the canisters during the 1995 round of investigations. Waxman cited documents from the FBI and the Justice Department that repeatedly refer to military canisters without specifically mentioning the possibility that they can generate fire...... Burton said the evidence gathered by the Texas Rangers "raises new concerns that require further investigation by Congress." Other critics of the Justice Department said Waxman's findings concerning the pyrotechnic tear gas canisters do not exonerate Attorney General Janet Reno or her subordinates because federal agents never highlighted the information. "In 1995, three days before the hearings, they dumped over 100,000 pages worth of documents on the committee staff," Burton's spokesman Mark Corallo said. "I think it was up to them to point it out to us." Corallo also noted that Reno has said that she was unaware of the combustible canisters...... "

Ft Worth Star-Telegram 9/14/99 Ron Hutcheson Gabrielle Crist ".... The report from the Texas Rangers opens a new line of inquiry by raising the possibility that FBI snipers shot at the Branch Davidians..... Included in the 24,000 pounds of evidence was a spent casing from a 40 mm. cartridge believed to have been used to knock down a door so gas could be dispensed, the report says..... "Mike McNulty has advised me that other evidence held by the DPS is crucial to proving some of his suspicions that the FBI and ATF have not been truthful in their account of the Branch Davidian investigation." Ranger Sgt. Joey D. Gordon wrote. For example, McNulty asserts that a blue knit cap worn by a Davidian who was killed during the ATF raid might provide evidence that the man was shot at close range, which contradicts reports by ATF agents who say he was shot from a distance...."

Ft Worth Star-Telegram 9/14/99 Ron Hutcheson Gabrielle Crist ".... The report also includes a June 1999 interoffice memo from Ranger Sgt. George L. Turner, who says he recovered a "thumper round" from the scene, which was later identified as the 40 mm cartridge believed to have been used to knock down the door. Turner's memo says the FBI fired the thumper round, which is highly explosive. Turner notified Rangers and FBI officials of his findings but he did not pursue the matter further. "I never came forward with the information that would seem to indicate that an explosive projectile was fired on April 19, 1993," Turner wrote in the memo. "But I was never asked the question. If I had been, I would have naturally responded with the truth." Turner said Ranger officials who testified in the 1995 Senate subcommittee hearings were reminded of the "possibility of an explosive round having been fired." ...."

Daily Republican 9/14/99 Howard Hobbs "....Internal FBI documents coming to light on Monday reveal the active participation in widespread cover-ups since 1993 by some of the highest officials in the Clinton administration. Public attention is now centering on a clumsy cover-up which would have kept the public in the dark about a 1993 Clinton administration order sending a U.S. Army Ranger Unit to illegally take up arms against American citizens.....The documents cast new light on how the Clinton administration concealed the truth about FBI use of incendiary tear gas grenades and finally opens up some of the darker aspects of the cover-up....."

Daily Republican 9/14/99 Howard Hobbs ".... After 51 days of seige by the Army and a host of law enforcement agencies, the Church was burned to the ground with its members still inside, That was on April 19, 1993. Documents filed at that time appear to point the finger at the Clinton administration which deliberately mislead the public and Congress denying use of explosive gas grenades. Attorney General Janet Reno told reporters this week she, "...did not see any documents on the subject until two weeks ago." However, documents released to the public on Monday, clearly include the use of the explosive military tear gas [mortar] rounds in he raid. Ms. Reno has maintained that even though she is responsible for the actions of the Justice Department, and the FBI, she denies responsibility for the fire or the deaths or the FBI destruction of evidence that the fire started by use of gas grenade weapons. Reno has stated she was not uniformed that the gas grenades she authorized for use at the Davidian Church were explosives....."

Daily Republican 9/14/99 Howard Hobbs "....Representative Dan Burton (R) said Reno failed to inform Congress about the combustible weapons after it was revealed on Friday that a 1993 FBI lab report had been sent to the Government just as the Oversight Committee was preparing for Waco hearings in 1995...."

 

Boston Globe 9/14/99 James Carroll "… Former Senator John Danforth, defining the purpose of his Waco investigation, distinguishes between bad judgments and bad actions. Only the latter, he says, are his concern…..The government's mistake at Waco transcends, but is related to, the issues of whether ''military style'' flammable tear-gas canisters were fired at the Branch Davidian compound and whether that fact was covered up by the FBI. The profound act of bad judgment that led to those alleged bad actions was the prior decision to militarize government curtailment of the Koresh commune in the first place…"

Boston Globe 9/14/99 James Carroll "… Once a siege was set with the massing of fatigue-clad agents, on-scene advisers from an elite military commando unit, buzzing helicopters, armed vehicles, and a tank, what should have been a civilian law enforcement operation morphed into an instance of martial law…. They stopped thinking like civilian law officers, whose purpose is to maintain order with a minimal use of force, and began thinking like soldiers who, once in combat, do whatever it takes to win. Once the martial drumbeat began, negotiators' efforts at persuasion had to seem untrustworthy to the besieged and all too soft to the besiegers. Soldiers know, perhaps better than police, that the law of critical mass applies to the mustering of arms: Once an overwhelming force is fully deployed, it carries its own momentum to be used, whether wisely or not. By the time Janet Reno was presented with the decision of whether to attack the Davidians, the pressures to do so were probably irresistible. As Colin Powell would be the first to say, don't set a siege unless you want a battle…."

Boston Globe 9/14/99 James Carroll "… A democratic society necessarily distinguishes between police and military functions precisely because in conditions of war, regard for civil liberties is an inevitable first casualty. Another is the principle of accountability to those outside the body of war makers. The Waco case, with the FBI behaving like an army at war both during the siege and in subsequent investigations, seems to have involved both abuses. When law enforcement becomes defined as war, as in the war on drugs; when police departments assemble arsenals appropriate to heavy combat; when traditional blue uniforms are commonly traded in for fatigues and jack-boots; when cops become commandos, an ultimate and prior bad judgment can lead increasingly to the bad action of government violence. The militarization of law enforcement, from federal to local levels, has infected this country like a virus. Waco is not the disease but a symptom. …"

 

New York Times 9/14/99 David Johnston Neil Lewis "….Internal F.B.I. documents disclosed on Monday by a Democratic lawmaker show that information about the use of combustible tear-gas canisters at the 1993 Branch Davidian siege near Waco, Tex., has sat in the Justice Department's files for years and was even sent to Congress no later than 1995. The documents cast new light on when different parts of the Government first had information about the use of the tear gas cannisters and may alter the dynamics of the renewed outcry over events surrounding the Federal Bureau of Investigation tear-gas attack at the Branch Davidian compound, which burned to the ground on April 19, 1993. The documents show that even though the Justice Department sent United States marshals to the F.B.I.'s headquarters two weeks ago to seize infrared videotapes that contained references to the use of the tear gas rounds, the department had for years possessed F.B.I. records in its own files that showed such devices were used at the cult's compound. The seizure was ordered by Attorney General Janet Reno, who was angry because she had maintained for six years that the F.B.I. had done nothing that could have caused the fire….."

New York Times 9/14/99 David Johnston Neil Lewis "….In addition, the documents provide evidence that the Federal Bureau of Investigation, which has been accused by some in Congress, the Clinton Administration and the public of misleading the Justice Department about the issue, did provide information about the use of the rounds to Ms. Reno's subordinates on several occasions. Ms. Reno has said she did not see any documents on the subject until two weeks ago. Even so, there is no indication in the documents made public on Monday that F.B.I. officials clearly explained to civilian counterparts at the Justice Department the implications of using the rounds.. .."

New York Times 9/14/99 David Johnston Neil Lewis "….In a separate development, the Texas Rangers released a report to Congress today that said the Rangers, who collected evidence after the tear gas assault, had found spent cartridges from two different types of sniper rifles carried by F.B.I. agents during the 51-day siege. The long-held position of the F.B.I. is that agents did not fire a single shot. Later, officials at the Bureau of Alcohol, Tobacco and Firearms said its agents had fired the two types of weapons in question during an early, ill-fated raid on the compound in February 1993. But the officials said they had never determined whether the shell casings came from the A.T.F.'s weapons. Federal law enforcement officials said today that the shell casings were collected by F.B.I. agents after they arrived in Waco in March 1993….."

New York Times 9/14/99 David Johnston Neil Lewis "….One document found in the Justice Department's files that was sent to the committee in 1995 is an interview report of an F.B.I. agent dated June 6, 1993. In it the agent, Wayne Smith, recalled hearing a conversation about "some sort of military round" being used. The second document was a summary of testimony of members of the Hostage Rescue Team, the F.B.I. unit that carried out the tear-gas assault. The summary said that there had been an "attempt to penetrate bunker w/1 military round and two ferret rounds. Military round was grey bubblehead w/green base." The third document was comprised of undated, handwritten notes that appear to have been taken close to the date of the assault. It said, "smoke from bunker came when these guys tried to shoot gas into bunker (military gas round)." …"

Associated Press 9/14/99 Michelle Mittelstadt "….``There is no indication that Chairman Burton or his staff thought to review these documents before accusing the attorney general of a cover-up,'' Waxman, D-Calif., wrote in a letter to the special counsel investigating the recently revived Waco controversy. ``Contrary to the allegations of cover-up, substantial evidence of the use of military tear gas rounds was, in fact, provided to Congress in 1995,'' said Waxman, who is top Democrat on the House Government Reform Committee…..Burton, who chairs the committee, said the Justice Department buried the panel in an avalanche of documents shortly before the 1995 hearings began, and congressional investigators depended on a Justice summary to guide them. ``The Justice Department dumped 100,000 documents on the committee three days before the hearings, knowing that they couldn't possibly go through them,'' the Indiana Republican said in an interview. Although Burton was on the Government Reform Committee in 1995, he was not on the subcommittee that led the investigation. Burton also noted that the Justice Department was forced to acknowledge last week that it failed in 1995 to give Congress the key page from a 1993 FBI lab report mentioning the use of military tear gas. The final page of that 49-page report, with the key tear gas mention, was missing, he noted. ``I don't think that's a coincidence,'' he said….."

Associated Press 9/14/99 Michelle Mittelstadt "….A Houston lawyer who is representing surviving Davidians in their upcoming wrongful-death lawsuit against the government, said the records offer little proof of candor by Justice and FBI officials in their earlier appearances on Capitol Hill. ``The point is not whether anybody ever discussed the use of military rounds. The point is that representations were made that no pyrotechnic devices were used ... and unless you were a munitions expert, you would not know that military CS gas was necessarily a pyrotechnic device,'' said lawyer Michael Caddell. …."

The Dallas Morning News 9/13/99 Lee Hancock "…. A Texas Rangers report on evidence from the Branch Davidian siege resolves some mysteries but deepens others, including questions about whether the government fired guns or high explosives on the final day of the 1993 tragedy. The report sent Friday to Congress indicates that the Rangers' evidence trove includes a dozen .308-caliber sniper rifle shell casings and 24 Israeli-made .223-caliber casings recovered from a house used by the FBI's hostage rescue team throughout the 51-day siege. It was the same house from which FBI documents indicate an FBI agent initially reported hearing shots fired on the final day of the Branch Davidian standoff in Waco. The agent has since said that account was wrong, and FB officials insist that none of their agents fired a single shot during the standoff. Bureau officials have noted that the shell casings could have come from agents of the federal Bureau of Alcohol, Tobacco and Firearms, who used the house as a sniper post and shot repeatedly at the Branch Davidian compound when a gunfight broke out as as they tried to search it on Feb. 28, 1993…."

The Dallas Morning News 9/13/99 Lee Hancock "…. But the issue is a cornerstone of a federal lawsuit filed by surviving Branch Davidians against the government. And the discovery of shell casings is potentially even more explosive because the FBI agent in charge of the sniper post was Lon Horiuchi, the FBI sniper who fatally shot the wife of a white separatist during the federal standoff at Ruby Ridge, Idaho, in late 1992. Mr. Horiuchi has denied firing any shots in Waco, but a federal judge presiding over the Branch Davidian lawsuit recently refused to drop him as a defendant in the case. While the Rangers' report conclusively answers questions about the nature of some evidence - including shell casings from a pyrotechnic tear-gas grenade and two 40-mm projectiles - it offers no conclusions about the potential significance of those items, the sniper rounds or any other evidence under scrutiny….."We now have ballistics exams that can take a shell casing and determine exactly what gun it was fired from," said one Texas official. "We need to see what weapons ATF had and what weapons FBI had, and we can tell you exactly which ones fired these shells. "This is something that has never been looked at," the official said. "There are things here that are potentially very troubling."…."


9/13/99 FoxNews "…A dozen spent rifle cartridges of a type often used by snipers were recovered from a house used by the FBI during the 1993 siege of the Branch Davidian compound, the Texas Rangers reported Monday. For six years federal agents have denied firing shots during the standoff….. In an account the FBI has since said was wrong, an FBI agent initially reported hearing shots fired from that house on the siege's final day. The Rangers disclosed that 12 .308-caliber casings and two dozen Israeli-manufactured .223-caliber casings were recovered from a house used by the FBI's Hostage Rescue Team during the 51-day siege. The special investigator named by Attorney General Janet Reno will have to determine whether the shell casings came from FBI agents or from Bureau of Alcohol, Tobacco and Firearms agents, who had used the same house 51 days earlier during a botched raid to serve weapons warrants on the Davidians….."

9/13/99 FoxNews "…In a report submitted to Congress, the Rangers also released a letter by a federal prosecutor who told Attorney General Janet Reno that Justice Department officials may have withheld facts from her regarding the FBI's use of potentially incendiary tear-gas canisters. "I have formed the belief that facts may have been kept from you — and quite possibly are being kept from you even now, by components of the department," Assistant U.S. Attorney Bill Johnston in Waco, Texas, wrote in his Aug. 30 letter …. The report, subpoenaed by the House Government Reform Committee, confirmed that a 40mm shell casing re-examined by the Rangers was a type of military tear gas round that "burns at 500 to 700 degrees Fahrenheit, and is capable of igniting flammable items."

The Dallas Morning News first disclosed contents of the report Monday….."


Washington Times 9/13/99 Editorial "…"I made the decision," recently confirmed Attorney General Janet Reno, a budding media darling, declared at a press conference April 19, 1993, the day 86 people, including 24 children, died in a raging fire at the Branch Davidian compound in Waco, Texas, after the FBI launched a raid using armored vehicles to knock holes in the compound's walls. "I'm accountable," Miss Reno insisted. "The buck stops with me." By seemingly "taking responsibility" for the colossal failure, Miss Reno's public approval soared. Her half-hearted offer to resign was, of course, rejected by President Clinton. Throughout her six-an-a-half-year tenure as Attorney General, it has become increasingly clear that Miss Reno has no idea what accountability means. She is clueless about where "the buck stops." Indeed, if Miss Reno had even the slightest understanding of responsibility and accountability, to say nothing about self-respect in the wake of years of humiliating herself and being humiliated by the Clintons and their pals, she would have resigned long ago. That she has the nerve to remain at Justice following two extraordinarily damaging revelations last week confirms she is simply incapable of comprehending accountability…."

Washington Times 9/13/99 Editorial "…If Miss Reno had any sense of accountability, she would resign. She has become farcical. Can you imagine how then-Rep. Chuck Schumer, who compared Congress' 1995 Waco oversight hearings to "Monday-morning quarterbacking," would have reacted to news that Ed Meese's Justice Department had produced for Congress an Iran-Contra document that omitted the most vital page, which contained information contradicting repeated assertions by the Reagan administration? Here's how one of Miss Reno's colleagues at Justice hilariously -- anonymously, of course -- explained the latest travesty to The Washington Post, "Sometimes the staple doesn't go all the way through and a page gets lost. I'm sure that's what happened here." A total farce. …."

Fox News 9/13/99 Jonathan Broder "….A congressional probe into the 1993 fatal assault on the Branch Davidian compound is focusing on suspicions that federal law enforcement officials trumped up drug manufacturing charges to pave the way for their attack on the group. A senior official with the House Committee on Government Reform told Fox News Online that the military determined that the drug charges were "bogus," and that investigators are now trying to determine why the Army nevertheless became involved in the Waco siege and assault, and to what extent soldiers participated. "The question is: Why were the military folks — who were pretty strident against having any involvement — overruled? And who overruled them?" said the committee official, who spoke on condition of anonymity…."

Fox News 9/13/99 Jonathan Broder "….Official documents obtained by Fox News Online show a senior Army Special Forces lawyer warned his commanders that the direct involvement of soldiers in a civilian operation against the cult’s Waco compound would violate the so-called posse comitatus law, which bans the use of U.S. The lawyer, Maj. Philip W. Lindley, judge advocate for the Pentagon’s Joint Special Operations Command, also questioned whether an amendment to the law, which permits the use of military personnel in domestic anti-drug operations, could be cited to justify the deployment of forces from the Army’s Joint Task Force (JTF) against the Branch Davidians. The JTF is a special Army unit that was created to assist law enforcement in drug-related cases. "Since these are point targets with identified civilian subjects, this falls outside the scope of JTF mission and cannot be accomplished," Lindley wrote in a memo dated Feb. 3, 1993. This was three weeks before the 51-day Branch Davidian siege began.

Fox News 9/13/99 Jonathan Broder "….Referring to the anti-drug amendment, Lindley warned that the JTF could face both criminal and civil liability unless the government had a strong drug case against the Branch Davidians. "The case law is clear and the burden is still upon the government to prove beyond a reasonable doubt that the military’s actions were permissible in order to convict the civilians in a U.S. District Court," Lindley wrote. "No 'war on drugs' will be won if the guilty cannot be convicted." Nevertheless, the Bureau of Alcohol, Tobacco and Firearms (ATF) later cited suspicions that the Branch Davidians were manufacturing illegal methamphetamines. "The ATF came up with this bogus request (for military support), where they said the Davidians had a meth lab in their compound," said the committee official. The ATF cited suspicions of drug and weapons violations for their initial armed raid on the compound, in which six Davidians and four ATF agents were killed. The official said JTF personnel later determined "there was no evidence" to support the ATF’s suspicions of drug involvement. "They were pretty ticked off at the ATF for even trying it," the official said….."

Fox News 9/13/99 Jonathan Broder "….Further corroboration regarding the lack of evidence of drug manufacturing came from Capt. Truman Simons of the McClennan County, Texas, Sheriff’s Department, where Waco is located. He said in a telephone interview that there had been a drug lab in the Davidian compound during the 1980s, when the cult was led by George Rhoden. But when David Koresh took over the cult and the Waco compound in 1987, "Rhoden left and took all the drug lab stuff with him, " Simons said, adding he had no evidence of any drug manufacturing in the compound after 1987….."

New American Magazine 9/27/99 William Norman Grigg Freeper LYNXcry "… MORE TO COME...Publication of the notes of the April 14/93 meeting has precipitated a crisis at the Army's Fort Bragg Special Forces headquartes. "Special forces command has sent the orders down the ranks that nobody is to talk to the press", a special forces source who has provided detailed legal depositions regarding the Waco tragedy told The New American. "Theres nothing they can do about the facts that have already been publicized, of course, but they are trying to forestall the disclousure of EVEN MORE DAMAGING INFORMATION. There are OTHER SHOES YET TO DROP, and I don't think that they're going to be able to catch them all." ….."

AP 9/13/99 Michelle Mittelstadt "…. The congressional Republican leading an inquiry into the 1993 Waco siege overlooked evidence the Justice Department sent his committee four years ago showing federal agents used potentially incendiary tear gas near the fiery end of the Branch Davidian standoff, a House Democrat said Monday. Releasing documents that describe the FBI's use of military tear gas rounds on the standoff's final day - April 19, 1993 - Rep. Henry Waxman asked why the House Government Reform Committee's chairman is accusing the Justice Department of a cover-up when his own investigators missed the same evidence that has suddenly revived the Waco debate. ``Contrary to the allegations of cover-up, substantial evidence of the use of military tear gas rounds was, in fact, provided to Congress in 1995,'' said Waxman, D-Calif., the committee's top Democrat…. The records Waxman cited, discovered among more than 40 boxes of material compiled during the House's 1995 hearings, include an FBI pilot's 1993 statement recalling a radio transmission in which agents had a conversation ``relative to the utilization of some sort of military round ... on a concrete bunker.'' And post-raid interview summaries include an unnamed FBI agent's explanation that smoke captured on film ``came from (an) attempt to penetrate bunker with one military and two (non-incendiary) rounds……. Burton spokesman Mark Corallo acknowledged the committee had possessed the records since 1995. However, he said they were part of more than 100,000 documents the Justice Department gave the panel three days before hearings were to begin, ``in an obvious attempt to keep congressional staff from having enough time to review those documents.'' Added Corallo: ``You have to wonder why the attorney general is running around seeming so distraught and upset that people lied to her ... despite the fact that a memo has existed at the Justice Department since 1993 that points to the use of these devices.'' ….."

AP 9/13/99 Michelle Mittelstadt "….


Separately, the Texas Rangers issued a report Monday indicating a house near the Davidians' compound that federal agents occupied before and during the siege contained a dozen spent rifle cartridges preferred by sharpshooters - as well as the FBI and the Bureau of Alcohol, Tobacco and Firearms. The FBI has long denied firing a single shot during the standoff. ATF was involved in a deadly shootout with the Davidians on Feb. 28, 1993, that launched the 51-day confrontation. ….. Both the FBI and ATF use ammunition matching those casings, said ATF spokesman Jeff Roehm and FBI spokesman Tron Brekke…… In an account the FBI has since said was wrong, an FBI agent initially reported hearing shots fired from that house on the siege's final day….. The Rangers' report also includes a federal prosecutor's Aug. 30 letter to Reno saying Justice Department officials may have withheld facts from her regarding use of the pyrotechnic tear gas. ``I have formed the belief that facts may have been kept from you - and quite possibly are being kept from you even now, by components of the department,'' wrote Assistant U.S. Attorney Bill Johnston in Waco. ….. The Rangers' study, begun in June amid new questions about the use of pyrotechnic rounds, indicates that a 40mm shell casing found at the scene was an M651 military tear gas round that ``burns at 500 to 700 degrees Fahrenheit, and is capable of igniting flammable items.'' Military experts advised the Rangers that ``they had not explored the fire hazard of the M651 because it was known to cause fires,'' the report said….."

Associated Press 9/13/99 Jim Abrams "….A dozen spent rifle cartridges of a type often used by snipers were recovered from a house used by the FBI during the 1993 standoff with the Branch Davidians, the Texas Rangers reported today. The report raised questions about federal agents' insistence that they fired no shots. Twelve .308-caliber casings and two dozen Israeli-manufactured .223-caliber casings were recovered from a house used by the FBI's Hostage Rescue Team during the 51-day siege, the Rangers said in a report provided to Congress. In an account the FBI has since said was wrong, an FBI agent initially reported hearing shots fired from that house on the siege's final day…… Agents of the Bureau of Alcohol, Tobacco and Firearms, who provoked the siege with a botched raid to serve weapons warrants on the Davidians, used the house as a sniper post during a fierce gun battle on Feb. 28 -- raising the possibility the spent shells were theirs, rather than the FBI's….. The report, subpoenaed by the House Government Reform Committee, confirmed that a 40mm shell casing re-examined by the Rangers was a type of military tear gas round that ``burns at 500 to 700 degrees Fahrenheit, and is capable of igniting flammable items.''

Austin American-Statesman 9/13/99 Mike Ward Laylan Copelin "…On the first day evidence was gathered at the burned Branch Davidian compound near Waco, Texas Rangers discovered a detonated military shell capable of starting a fire. That piece of evidence, long ignored, now promises to become a centerpiece in a renewed federal inquiry into whether it started the fire. That detail is part of a new Texas Rangers review of 12 tons of evidence from the Davidian siege, made public Sunday as a result of a lawsuit filed by the Austin American-Statesman…..On April 23, 1993, just four days after federal authorities ended the 51-day standoff with David Koresh and his followers in a fiery assault, Rangers Sgt. George L. Turner found the spent 40 mm cartridge. He was leading a team of investigators, including FBI agents, who were scouring the crime scene for evidence. Turner said he told his superiors and FBI Agent Rick Crum, who was in charge of FBI agents investigating the Davidian…"

Associated Press 9/13/99 Jim Abrams "…. Burton made public a letter he sent to Reno about documents on Waco the Justice Department submitted to Congress several years ago that omitted one page mentioning the use of military-style tear gas rounds. He said the missing last page of the 49-page FBI lab report ``raises more questions about whether this committee was intentionally misled during the original Waco investigation.'' He said he wanted to interview this week three Justice Department staffers who were involved in the discovery that some copies of the lab report didn't contain the final page….Senate Majority Leader Trent Lott, R-Miss., who has called for Reno to resign over her handling of Waco and other matters, said on CBS' ``Face the Nation'' that it was ``very hard to believe'' that the misplacing of the critical one page was just an accident.

Washington Times 9/13/99 Joyce Howard Price "….Rep. Dan Burton, chairman of the Committee on Government Reform, which is conducting one of several congressional investigations of the Waco disaster, told Fox "it sure looks like they [Justice officials] were withholding information" when they failed to give Congress the forty-ninth page of the report "when we were having oversight investigations into the tragedy." In a letter sent to Miss Reno Friday, the Indiana Republican said the Justice Department has failed to comply with his Sept. 1 subpoena for "any and all originals and identical copies" of the FBI Laboratory report that caused the stir. Mr. Burton told Miss Reno he expects Justice to "produce to the committee all copies of the Laboratory report, along with a log indicating who possessed copies of the report." He also wants to interview three Justice Department employees, including one who found that four copies of the FBI document, including the one given Congress, failed to include information about the use of pyrotechnic devices….."

Star-Telegram Staff Writer 9/13/99 Gabrielle Crist "….FBI agent Charles Riley said in June 1993 that he heard shots fired from a sniper post occupied by agent Lon Horiuchi, according to court documents filed in Waco as part of a wrongful death suit scheduled to go to trial next month….. Riley's statement is among 25 volumes of motions, rulings and exhibit lists filed in the multimillion-dollar lawsuit. An attorney for the 100 or so plaintiffs said he is convinced that gunfire was exchanged on the final day. James B. Francis, commissioner of the Texas Department of Public Safety, said there is some indication that "gunfire took place there by government police officers." Francis would not say when he believes those shots were fired and declined to elaborate. "It is a subject matter that needs to be investigated," he said……Horiuchi …. told investigators in April 1993 that "none of the snipers under his control at Sierra-1 (a sniper post) fired any rounds from their weapons." Government officials have said that Riley retracted his initial statement, according to Houston attorney Michael Caddell, who represents the Branch Davidians in the lawsuit. FBI officials in Washington declined to confirm that Riley issued a retraction and would not comment because of an independent investigation launched last week….."

Star-Telegram Staff Writer 9/13/99 Gabrielle Crist "….Agents were authorized to use deadly force on April 19, according to a 1993 internal FBI document detailing an investigative interview with agent Richard Rogers, an FBI supervisor. Rogers told investigators that members of the Hostage Rescue Team were told to provide cover for the armored vehicles that were launching tear gas into the compound. As the vehicles punched holes in the walls, FBI officials announced over loudspeakers that they were delivering tear gas. They told the Branch Davidians not to shoot and warned that FBI agents would return fire. Although several FBI agents saw and heard Davidians firing at the vehicles and toward the sniper positions, agents did not fire "a single shot," Rogers said, because they "did not acquire clear and identifiable targets."

Star-Telegram Staff Writer 9/13/99 Gabrielle Crist "….But two experts in thermal imaging will contend at the trial that images on an infrared video show shots being fired toward the compound. Their opinions, coupled with Riley's initial statement, "provide at least some evidence" to support the plaintiffs' claims that Davidians were afraid they would be shot if they tried to escape from the burning compound, U.S. District Judge Walter Smith Jr. said in a July ruling. Because of that evidence, Smith said in his ruling, Horiuchi should be named as an individual defendant in the lawsuit. Smith dismissed all other individual defendants, including numerous officials of the federal Bureau of Alcohol, Tobacco and Firearms and the FBI. Horiuchi and the United States are the sole defendants ….Caddell said he is convinced that at least some of the FBI agents fired at the Branch Davidians, perhaps justifiably. Riley's "unpressured recollection is a lot more believable than any of the recanting" he did five years later, he said…… Caddell said investigators failed to collect and test all the weapons used during the siege to determine whether FBI officials fired. "This whole thing has been an exercise in, `Don't ask, don't tell,' " he said…."

Newsmax - Inside Cover 9/12/99 Carl Limbacher "….Chief House Waco prober Dan Burton (R-IN) said Sunday that he has turned over videotape shot during the government's final April 19 assault on the Branch Davidian compound to technical experts who will determine whether the film shows federal forces shooting into the building …. But ballistics evidence that could confirm charges federal forces shot and killed a number of Mt. Carmel residents has been witheld by the government for years, according to at least one local Texas law enforcement official….. Burton told Fox News Sunday's Tony Snow that the expert video analysis is currently ongoing: SNOW: You have received some film from Michael McNulty who was on our program last week. He's done a documentary on Waco and is about to release another one. He purports that, that film shows definitively that FBI agents, or federal agents, fired on the Branch Davidian compound. You and your staff have looked at that film. Does it in fact show that definitively? BURTON: We need to look at that through the eyes of experts. I'm having those tapes analyzed by two different experts right now. We're going to try to find out as clearly as possible whether or not there was either the military involved or the FBI involved in firing into that compound. And so I don't think I can make a comment on that right now because the experts haven't given us their judgement…."

Newsmax - Inside Cover 9/12/99 Carl Limbacher "….But on Friday, one of four McClennan County, Texas justices who ordered autopsies for the Branch Davidian victims told the Waco Tribune-Herald that the FBI witheld key ballistics test evidence that could confirm charges they were killed by government gunfire. "The thing that always stayed in my mind was if they were afraid some of the ordinance or ballistics could be matched up with their weaponry," Justice of the Peace David Pareya told the paper. Because the government would not release those tests results, the cause of death for many Davidians was officially recorded as unknown, the McClennan County official said….."

Newsmax - Inside Cover 9/12/99 Carl Limbacher "….Tarrant County, Texas coroner Nizam Peerwani determined that 23 Davidians died from gunshot wounds. The Clinton Justice Department has claimed that Mount Carmel residents died by their own hands. In a Rose Garden press conference the day after the Waco massacre, President Clinton asserted that the Davidians "murdered themselves." But Dr. Peerwani said on Friday, "There is the feeling that one should go back and re-evaluate." …"

Newsmax - Inside Cover 9/12/99 Carl Limbacher "….The autopsy results of at least one of Peerwani's examinations has been challeged since he released his initial findings. Evidence noted by the Tarrant County coroner suggests that the death of Branch Davidian victim Winston Blake was caused by friendly fire. Gunpowder burns Peerwani found on Blake's skull indicate he was shot at close range. Blake was shot during the initial Feb. 28 BATF assault on Mt. Carmel……. The Manchester Police Department physician retained by relatives disputed the presence of powder burns on Blake's skull. He concluded in his autopsy report: "This injury had probably been caused by a destabilized high velocity rifle bullet of relatively low weight. This missile had probably been destabilized so as to cause it to yaw in flight prior to striking the victim. Such destabilization could have been achieved if the bullet had previously passed through a light screening cover, such as the light-weight material reported to have been used in the construction of the (Mt. Carmel) building walls."

The Dallas Morning News 9/13/99 Lee Hancock "….It was a breathtakingly risky move for a career federal prosecutor: bucking bosses all the way to Washington to warn Attorney General Janet Reno that her Justice Department had done wrong. Bill Johnston is the kind of maverick lawman, friends and colleagues say, to take that gamble twice. He warned Reno in a letter Aug. 30 that lawyers in her department had long withheld key information about the government's actions against the Branch Davidians on April 19, 1993. …. Johnston's letter, warning that he had just seen documents indicating that other Justice lawyers had known for years about pyrotechnic grenades, was a repeat of his actions during the Branch Davidian standoff. In March 1993, he wrote Reno to complain that FBI actions and missteps were wrecking key evidence, alienating potential witnesses and threatening the effort to prosecute the sect. ….. ``Bill is just that way. Even if it hurts him, he'll stand up for what he thinks is right,'' said David Smith, a retired Waco city manager. ``He's fearless.'' Johnston says he spoke out because the government must account for its actions in the nation's deadliest law enforcement tragedy. ``Ultimately, it must be our jobs to try to get to the truth, and that sometimes is a painful process,'' Johnston said. ``That doesn't stop with a trial. If you find yourself in error, you must admit it, and anyone that thinks that you can just periodically toss out a little truth and meet your burden is playing games.'' …… "

The Dallas Morning News 9/13/99 Lee Hancock "….The biggest case of Johnston's career began when federal Bureau of Alcohol, Tobacco and Firearms agents came to him with an investigation of weapons violations at the Branch Davidian compound. The ATF had evidence that David Koresh was stockpiling an illegal arsenal. Johnston said the ATF initially discussed capturing Koresh outside his compound and then searching inside. Inexplicably, he said, plans shifted in December to a big paramilitary raid. … He helped draft the search warrant that became the basis of the raid. More than 80 heavily armed ATF agents then moved against the Branch Davidians on Feb. 28, 1993, but the raid was a bloody disaster. Four agents died in a gun battle that touched off a 51-day standoff. ….. Immediately, Johnston recruited the Texas Rangers to help investigate what had gone wrong and who in the sect would be prosecuted for the agents' deaths. He sent his first letter to Reno after the Rangers said their efforts were frustrated by FBI commanders. ``He literally put his career on the line,'' said now-retired Ranger Capt. David Byrnes. ``If it wasn't for Bill Johnston, there wouldn't have been any case.'' ….. "

The Dallas Morning News 9/13/99 Lee Hancock "….Some of those defense attorneys still harshly criticize Johnston. Several note that they learned only after the trial that one government memo suggested Johnston had stopped an ATF internal review of the initial raid because it was uncovering evidence that might help the Davidian defendants. Johnston says he knew nothing about the memo, written by a Treasury Department official. The prosecutor said he stopped the ATF inquiry only because he knew that senior ATF officials were lying about what had gone wrong in their raid and he believed the matter needed to be investigated by an outside agency. He remains bitter that the ATF's two raid commanders weren't prosecuted for lying to Texas Rangers about how the raid went wrong. The two men, Chuck Sarabyn and Phil Chojnacki, have denied wrongdoing. Johnston said the case was derailed in Washington. ``There are lingering issues of accountability in this case,'' Johnston said. ``The Rangers and I both hoped and expected they would be prosecuted. The public deserved that.'' …."

The Dallas Morning News 9/13/99 Lee Hancock "….During 1995 congressional hearings on the Waco debacle, Johnston was grilled by House Republicans and ostracized by Justice colleagues. He returned to Waco eager to put the ordeal behind him….. Johnston said he urged officials in Washington to grant that access. The filmmaker, Michael McNulty, had helped produce an Oscar-nominated documentary harshly critical of the government's actions in Waco. He was now working on a new Waco documentary for MGA Films of Fort Collins, Colo. Letting McNulty in reversed the Justice Department's strict denial of public access to the evidence trove. But Johnston said he argued for letting him in. ``When you just completely stonewall people like that, you only encourage their theories that the government is hiding something.'' ``We wouldn't be here today if McNulty wasn't allowed in,'' Johnston said. ``Pandora's box was opened, and I gave him the key, and I do not regret it. Some of his theories may not have merit. Only time will tell, but he deserves credit for being able to sniff some stuff out.'' …."

The Dallas Morning News 9/13/99 Lee Hancock "…. The filmmaker shared his findings and new questions with the Rangers and Johnston, and called lawyers representing Branch Davidians in a massive wrongful death lawsuit against the U.S. government. The lawyers immediately filed new pleadings detailing McNulty's review of the evidence. That prompted outrage from Justice Department civil lawyers, who complained they'd never been alerted that McNulty was given access to the Davidian evidence. The furor became so pronounced that the head of the Texas Department of Public Safety Commission ordered his Rangers to launch an investigation to determine exactly what they had in their evidence lockers. Johnston immediately agreed to help the Rangers' new inquiry. By July, they had information described as so disturbing that DPS lawyers filed a motion asking U.S. District Judge Walter Smith to take control of all evidence….."

The Dallas Morning News 9/13/99 Lee Hancock "….Johnston said he became more concerned after receiving a document forwarded to him from the Justice Department in Washington. Markings indicated it had come from the agency's civil lawyers who were defending the Davidians' wrongful death lawsuit and had been furious with him ever since they learned about McNulty's trip to the evidence locker. The document appeared to be notes of a 1993 interview in which an FBI agent told a prosecution paralegal that he had used ``military gas rounds'' on April 19. The document included the notation that Johnston heard the interview. Johnston said he doesn't recall it and wouldn't have known what the term ``military gas'' meant even if he had heard it. The document, now in the hands of congressional investigators, also bore handwritten notes stating ``DOJ witness, do not disclose,'' and ``privileged'' -- terms suggesting that government lawyers were trying to keep it from opposing lawyers in the pending wrongful-death lawsuit. Johnston said he knew that the document's arrival at his office last month meant trouble -- an assessment shared by his boss, Blagg. Failing to turn over such information to defense lawyers would be a gross violation of federal criminal rules. Failing to pass it to his superiors would also be a serious breach, Blagg said…..Johnston said he considered the document ``a shot across his bow,'' an effort to silence him and end his efforts to help the Rangers' investigation.

The Dallas Morning News 9/13/99 Lee Hancock "….James B. Francis Jr., chairman of the Texas Department of Public Safety Commission, said he believes Johnston has been targeted because of what he has helped expose. ``Johnston received a lot of anger from the Justice Department because he granted access to a citizen to view the Waco evidence,'' he said. ``At one time, I thought it was overzealous lawyers. Now I question whether they knew what was going to be found.''….."

The Dallas Morning News 9/13/99 Lee Hancock "….Johnston said he learned that Washington officials were leaking the 1993 document to the media, so he decided to contact Reno to ensure ``she got the word and the facts.'' Johnston said he has gotten no response. A spokesman for the attorney general declined comment. Blagg said he was dismayed by Johnston's letter because he learned of it only after it was sent. But he added, ``I'm not going to do a single thing.'' Johnston said he is unafraid of what may come next and is heartened by supportive phone calls he has received. Rep. Dan Burton, R-Ind., chairman of a powerful House committee that has subpoenaed Johnston for a new Branch Davidian inquiry, called to praise his actions. Sen. Phil Gramm, R-Texas, publicly lauded the Waco prosecutor and called on Reno to resign. The senator told The News that he views Johnston as a textbook ``Texas lawman,'' adding that he wanted to offer public support because the prosecutor ``comes across to me as a hero figure in all this, who has spoken out and tried to get all the facts on the table.'' ``I hope he is not punished for that. There's a long history in the federal government of hostility toward people who come forward with bad news,'' he said…."

The Dallas Morning News 9/13/99 Lee Hancock "….``Am I surprised Bill is taking on the Justice Department? I'm not surprised that he'd take on anybody,'' said Austin author Gary Lavergne. ``Bill has a real strong, old-fashioned sense of right and wrong. And he's gonna do what's right, no matter who's on the other side.''….."

9/13/99 Freeper Registered "….The most interesting information concerning the DOJ is contained in the letter written by Bill Johnston, Ass't US Attorney at Waco to Janet Reno. This guy is a hero. He states facts simply and straight-forward. He has been maligned and threatened within his own agency and continues to press forward to find the truth about what happened at Waco. Whereas Bert Brandenberg, Public Affairs section, now distances himself from the decision to let McNulty review the Ranger evidence and angry phone calls from Torts Branch Lawyer Marie Hagen have not thwarted Mr. Johnston. Even threatening letters from Ms. Hagen and Chief of Torts Jeffrey Axelrod have been sent to Mr. Johnston. Being called as a potential witness during the Congressional hearings in 1995, Mr. Johnston was "handled as if I had some strain of intellectual leprosy". Mr. Johnston was sent a fax from the DOJ of three pages. These three pages contained notes of an interview of an FBI agent which was probably conducted in 1993. The notes reflect that the agent said that he fired ferret rounds and a "military gas" round. Because Mr. Johnston may have been present during this interview, these notes are obviously being used as an obvious attempt to intimidate him. The term "military gas round" would not have meant anything to anyone at that time, including Mr. Johnston. These documents have been sent to "hang over" Mr. Johnston's head, or as a warning to look out before stirring the matter up. In this correspondence to Janet Reno, Mr. Johnston states, " I am not afraid, I will not be intimidated by anyone with the DOJ, I will assist Congress or any other body who seeks the truth in this case". It seems obvious that these subtle threats are coming from the Torts Branch of the DOJ. …."

Dallas Morning News 9/12/99 Lee Hancock "….``We now have ballistics exams that can take a shell casing and determine exactly what gun it was fired from,'' said one official in Texas who declined to be identified. ``We need to see what weapons ATF had and what weapons FBI had, and we can tell you exactly which ones fired these shells. ``This is something that has never been looked at,'' the official said. ``There are things here that are potentially very troubling.'' The Rangers report suggests how limited the initial investigation of the tragedy may have been and how tightly it was controlled by the FBI -- although federal officials had publicly insisted that the case was led by a special task force of more than 30 Texas Rangers. ``There needs to be a reanalysis of everything in this case in light of what's recently come out,'' one official said. ``People have said there have already been investigations. But there has never been an investigation of what happened on the law-enforcement side, of what law enforcement did.''…."

Dallas Morning News 9/12/99 Lee Hancock "….In the report, a Texas Rangers sergeant assigned to sort through the Branch Davidian evidence kept by the Texas Department of Public Safety wrote that his efforts were slowed by the lack of a complete set of crime scene photographs from the case. ``It is my understanding that the FBI had taken all of the 35-mm film, negatives and reference material into their possession, and only a limited number of photographs were returned to the Texas Department of Public Safety,'' Ranger Sgt. Joey Gordon wrote in the report obtained by the Dallas Morning News….."

Dallas Morning News 9/12/99 Lee Hancock "….The admission came only after a former FBI official told The Dallas Morning News that use of two U.S. military pyrotechnic tear-gas grenades ``was common knowledge'' among the FBI's hostage rescue team. Even before then, the Rangers had been working for several months to try to identify a shell casing that proved to be part of one of the military CS gas rounds and other projectiles that had never been properly identified. Francis ordered the inquiry after learning that the Justice Department had tried to block all public access to the evidence trove. The issue came to his attention after Justice Department lawyers defending a massive wrongful-death lawsuit filed by Branch Davidians angrily complained about an independent filmmaker being allowed to view the evidence in DPS custody last fall and this spring. Based on the questions raised by the filmmaker, Michael McNulty, Rangers began trying to identify an oddly-shaped 40-mm shell casing, several unidentified 40-mm projectiles and a number of other items never scrutinized during the initial criminal inquiry. By mid-August, Ranger Sgt. Gordon had identified the shell casing as part of a U.S. military gas grenade known as an M651. With the help of U.S. Army experts, the ranger was able to determine the two-day period in which it was made at a North Carolina factory in 1969 and even acquire two unfired M651 grenades from the same batch that were still in an Arkansas Army arsenal.

Dallas Morning News 9/12/99 Lee Hancock "….``Late last month, the Ranger also identified two 40-mm projectiles as German-made ``flash-bang'' grenades, devices that emit a loud, concussive noise and a blinding flash and are used by U.S. law enforcement to stun or distract suspects. Although tests are still being completed, both appear to be German NICO flash-bang devices from a shipment of about 50 sent in 1990 to the FBI, the report stated. McNulty, who is now completing a new documentary on Waco, has questioned whether the two black-and-silver devices might be some form of exotic explosive or incendiary device used to deliberately start a fire.

Dallas Morning News 9/12/99 Lee Hancock "….``But the report heightens other questions about what the FBI used on the final day of the standoff. It includes a statement from another Texas Ranger who recalled being told by an FBI agent that the bureau had gotten permission on April 19 to fire a device to knock down a door….."

Dallas Morning News 9/12/99 Lee Hancock "….A recent government audit of military assistance during the standoff stated that the FBI's arsenal at Waco included 250 40-mm high-explosive rounds. Bureau officials have said they do not know why the rounds were obtained from Fort Hood, Texas, but they have said that none were used in Waco. After the compound fire, a Ranger found a strange shell casing among debris left by the FBI. Rangers who were military veterans said at the time that the it looked like a ``thumper round,'' a high-explosive Army munition, the report indicated. The Ranger said he was approached by an FBI agent in January 1994, just before the Ranger testified in the federal criminal trial against 11 Branch Davidians. He said the FBI agent reported that the shell was used against a door ``in an attempt to knock it down.'' The shell was ultimately identified as part of a CS gas round, but the account raises questions about what else the FBI may have used….."

Dallas Morning News 9/12/99 Lee Hancock "….The Rangers report indicates the DPS has preserved other problematic evidence, including other flash-bang grenades misidentified as silencers, a spent military flare, and DPS photographs and videos. McNulty has contended that those videos could determine whether members of the U.S. Army's secret Delta Force unit were active during the tear-gas assault. Defense Department officials have said three special-forces personnel were present but only watched…."

Dallas Morning News 9/12/99 Lee Hancock "….The report also indicates that some evidence initially reported missing during the 1994 criminal trial had inexplicably reappeared. Among the items found by Mr. McNulty during his visits to the evidence lockers was a watch cap worn by a Branch Davidian who was shot to death by ATF agents as he tried to approach the embattled compound on Feb. 28. ATF agents testified that they shot the man, Michael Schroeder, nine times after he fired first at them. He was shot several times in the head, and DPS photographs of his body showed that he was wearing a watch cap when he died. But defense attorneys for the Branch Davidians were told that the cap couldn't be found before the criminal trials. McNulty said the hat contains visible residues that should be tested to determine whether Schroeder was shot at close range or ``finished off.''…."

Newsweek 9/20/99 Danield Klaidman Michael Isikoff "….Even so, the Feds may have committed a damaging crime in the aftermath of Waco: they concealed and may have lied about relatively minor mistakes, and fueled a conspiracy when there didn't need to be one. Virtually every right-wing antigovernment group points back to Waco as the moment that Washington waged war on its own people. Even the Oklahoma City bombing has its roots in the faith that the Branch Davidians were murdered by the FBI after they had fended off the "jackbooted thugs," as the National Rifle Association once referred to the Bureau of Alcohol, Tobacco and Firearms. "Had there been an honest investigation and inquiry into Waco in 1993, and had there been justice or the appearance of justice, then clearly there would have been no Oklahoma City bombing," says Stephen Jones, the lawyer who represented Oklahoma City bomber Timothy McVeigh. That may be a stretch, but by failing to reveal all the facts in Waco, the FBI may have legitimized the views of the survivalist fringe. "The FBI didn't set the fire," a Justice official says. "But they set the conspiracy fire. That's the tragedy here." …."

Newsweek 9/20/99 Danield Klaidman Michael Isikoff "….They apparently ignored Reno's orders; agents can be heard on tape getting authorization from the head of the hostage-rescue team to fire the military-style tear gas. "Some of the cowboys at FBI were strutting," says a former law-enforcement official. When their plan failed, Reno took full responsibility -- and assured Congress that nothing incendiary had been used. Many people knew otherwise. Documents provided to Congress last week show that Justice Department interviews of FBI agents produced numerous mentions of the military shell casings. One agent talked about using a "military... outdoor pyrotechnic." A senior FBI official told NEWSWEEK that as many as 100 FBI agents and officials may have known about the devices. It's still not clear why no one spoke up earlier….."

Newsweek 9/20/99 Danield Klaidman Michael Isikoff "….Conspiracy theorists believe Reno and the FBI covered up the murder of the Davidians. This still seems farfetched. The "evidence" for FBI gunfire centers on murky infrared videotapes that supposedly capture gunfire going into the compound. In a recent film, Waco critic Michael McNulty points to FBI footage that shows black shapes and flashes of light. McNulty's film claims the shapes are agents and the flashes gunfire. In fact, an unedited version of the footage shows FBI tanks rolling over the shapes, so it's highly unlikely they were agents. Conspiracies aside, FBI agents may have had a more mundane reason for staying in the background: if they volunteered information about the pyrotechnic weapons, they may have faced accusations that they disobeyed a direct order from their new boss. And they may have justified their silence, in a Clintonian way, by assuming that the pyrotechnic rounds were irrelevant as long as they didn't actually start the fire….."

Newsweek 9/20/99 Danield Klaidman Michael Isikoff "….The confusion over who knew and who should have known has further strained relations between the FBI and the Justice Department. FBI agents say they told Justice the truth about the incendiary weapons, but nobody listened; Justice says the FBI hid evidence of its insubordination. Freeh was said to be miffed at the heavy-handed way Justice confiscated evidence from FBI headquarters. Reno was said to be furious at having been misled. Still, a friend who had dinner with Reno last week says she was upbeat about her relationship with Freeh. Some of her deputies see it differently. Freeh and his agents "have been sabotaging her all along," says a Justice official. "That's SOP [standard operating procedure] at the bureau." …."

The Washington Times 9/13/99 Dan Gifford "….Without exception, the fourth estate flat ignored the film's [Waco: The Rules of Engagement] documentation that nothing illegal was going on at Mount Carmel to justify the massive raid by the Bureau of Alcohol, Tobacco and Firearms on the Branch Davidians; that trigger-happy ATF agents opened fire without provocation (shooting sect leader David Koresh three times in cold blood while he stood at the front door unarmed, with his hands in the air), and forced the Davidians to kill or be killed; that its agents murdered Davidian Michael Schroeder in cold blood (leaving his body to rot in the woods 350 yards away from the Mount Carmel complex, where it was discovered by a reconnaissance helicopter five days later); and that FBI commandos (mixed, as we later learned, with U.S. Army Delta Force and British SAS soldiers) intentionally torched the Davidian complex ("compound" is an FBI psychological warfare word intended to vilify), machine-gunned those inside the burning building, destroyed evidence of their crimes and then lied about it all to Texas Ranger investigators, a Texas federal court and then to Congress….."

The Washington Times 9/13/99 Dan Gifford "….From the muzzle flashes of government automatic weapons on the FBI's own Forward Looking Infra Red (FLIR) aerial surveillance video, to its recording the careful prepping of the Davidian building to burn, to the detonation flashes of government munitions where the fires started, to a Texas Ranger photo of one of the 40 millimeter military munitions found at the fire origins, the evidence is overwhelming. These and other nauseating facts exposed in our Oscar and Emmy nominated documentary, "Waco: The Rules of Engagement" have unfortunately withstood almost three years of expert world scrutiny. Among other honors, "Waco" was the lead film in the Human Rights Watch World Film Tour, winner of the International Documentary Association's top award and showed twice at the Simon Weisenthal Museum of Tolerance. So all of the "new revelations" about Waco have been out there first from Hollywood for quite some time for anyone to see. No matter….."

The Washington Times 9/13/99 Dan Gifford "….Now that Waco is back in the news, media disinformation and spin control continue to distort the facts. Some examples: A star network reporter famous for his alleged toughness and interview inquisitions shuns digging into Waco for fear he'll appear "anti-government." My microphone goes dead on a network talk show as the host rants that the terrible facts I've just presented about Waco are irresponsible and conspiratorial -- before tag-teaming a former FBI agent/ guest who continues in the same vein.

The Washington Times 9/13/99 Dan Gifford "….But in the most abominable example I've yet seen, the Sept. 2 CBS Evening News cleverly sought to demonize news -- using our own film clips -- of the growing number of admitted ATF and FBI lies about Waco with the lead-in, "Waco feeds conspiracies. New evidence in the Branch Davidian case proves to be fodder for anti-government theorists." The story text delivers more of the same: "This is just fodder for the conspiracy theorists," said psychologist Margaret Singer. She says this is just what the militia movement needs to say we told you so. "The anti-government movement, the militia, hate groups are absolutely going to get a boost out of this and I think it's really a tragedy for that reason," said Mark Potok of the Southern Poverty Law Center…… The obvious implication and inference of the CBS piece is that no investigation into government criminality at Waco should go forward because the findings may prove that people in "flyover land," whose religious convictions and political beliefs those of us in the rarefied media air disapprove of (such as our fabricated "militia" bogeyman who, like the Communist Party USA before, is largely composed of FBI and other official mischief-makers) were correct all along. Worse, facts establishing government criminality may provoke another agent John Doe's Timothy McVeigh to action…."

The Washington Times 9/13/99 Dan Gifford "….That same reasoning caused "Waco: The Rules of Engagement" to be turned down by all public relations firms we approached three years ago. "I don't want to encourage the militias to violence," said one after another in New York and Washington. Oh? "Well, we're working on another film that exposes the racist police murders of African-Americans like those that were common during the '50s and '60s," I said. "Knowing that expose may incite violence like that which hit Los Angeles following the initial Rodney King verdict, would you turn it down?" "Well, no. Of course not. That's different," one after another told me. At some point, the Birkenstocks of the "tolerant" morphed into jackboots. The same people who still rail against that "evil" FBI and its COINTELPRO acts to discredit Martin Luther King and others whose politics and beliefs they approve of routinely claim that that same FBI would never commit equally heinous acts against those they disapprove of. That's just nut case conspiracy stuff. Sure. …."

Salon 9/9/99 Sean Elder "....Though the government's siege and destruction of the Branch Davidian headquarters in Waco, Texas, in 1993 has returned to the news with an incendiary burst in the last few weeks, it never really went away. On a host of right-wing Web sites, in fringe literature and on talk radio, "Waco," like "Ruby Ridge," has become a kind of code for all the far right's worst fears about government interference in individual freedom and the state's determination to resort to violence when denied absolute obeisance. One phenomenon feeds the other, of course. The press ignored the inconsistencies in the FBI's account and accepted the government's pat answers to seemingly logical questions. (Why assault the "compound" and endanger the children within if David Koresh and his followers were the unstable, apocalyptic cult they'd been portrayed as?) It has accordingly been demonized by the right as being irresponsible and worse. As Steven Brill can tell you, there's no better way to get the press to ignore you than by challenging its credibility. It's fair to say most people covering Waco had never been anywhere near that town before and won't be heading back soon. More to the point, the people bearing the conspiracy theories since -- the nut jobs who see black helicopters behind every UNICEF card -- are not considered reliable witnesses….."

Salon 9/9/99 Sean Elder "....Mark Pitcavage is a historian who charts the doings of the militia movement and heard the Waco theories long before the FBI began "discovering" evidence the existence of which it had previously denied. Like a lot of people, he didn't trust the messenger. "They deserve a little bit of credit," he told the New York Times of the conspiracy theorists who kept this story alive, "but you wish that someone else had discovered this stuff instead. These guys have ulterior motives." ("Mr. Drudge, a Ms. Goldberg on line one.") "For quite some time, all of the accusations about Waco were from very unreliable people or people who mixed valid allegations with very invalid allegations," Pitcavage told me. "It's natural to distrust things like that." What is ironic is that many of the same journalists who mistrust the Waco alarmists when they question the government grew up distrusting the government themselves, following (and sometimes covering) stories as diverse and earth-shattering as My Lai, Watergate and Contragate. Pitcavage, who has worked closely with the FBI since Waco and Randy Weaver's siege at Ruby Ridge in Idaho (during which government sharpshooters fatally shot Weaver's wife and son), does not see a double standard there. "The FBI has gained a lot more credibility since, say, 1970," he believes. "Cointelpro is a thing of the past." …"

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….Recent revelations indicate that the Delta Force had a greater presence and a more active role in the final assault on the Branch Davidians than FBI officials have acknowledged. According to at least one account, the Delta Force was there not to advise, but to kill. Steven Barry, a retired Special Forces sergeant who sometimes trained members of the Delta Force, gave a sworn affidavit to plaintiffs' attorneys in a civil suit brought by families of dead Branch Davidians. The case is scheduled to go to trial in Waco on Oct. 18. In the affidavit, Barry quoted a friend in the Delta Force as saying the unit set up a tactical operations center during the siege that was staffed by 10 to 20 soldiers. Barry said another friend in the Delta Force told him that the unit's "B" Squadron had been ordered to "take down" Branch Davidians. Barry said he understood from his experience in the Special Forces that "take down" meant to kill people identified as terrorists. Barry isn't alone in these allegations…."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….Former CIA officer Gene Cullen has said in several recent interviews that he learned through casual conversations with Delta Force members that 10 of the unit's commandos were present during the April 19, 1993, assault and may have participated…."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….Similarly, James B. Francis, commissioner of the Texas Department of Public Safety, said "it is clear" that members of the Delta Force were on the scene. Initial reports indicated that three members were present, but Francis said he is now being told that as many as 10 were there. "There is some evidence that might indicate that they were more than observers," Francis said. "It is fuzzy as to what their role was." Francis said law enforcement officials and civilians have provided first- and second-hand reports on Delta Force activities. He declined to elaborate further……"

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "…."We've been told that there were 10 military personnel, but they won't tell us who they were," he said. Caddell said government attorneys were asked to answer questions in connection with the lawsuit. One of the questions asked for a list of all military personnel who were at Mount Carmel. Government officials listed Army medical personnel, the Texas National Guard and 10 others whose identity they said is classified information, Caddell said….."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….Army Col. Bill Darley, a Defense Department spokesman, said the Pentagon has stated that it had only three Special Operations personnel at Mount Carmel and he has seen nothing to refute that statement. Two soldiers were present during most of the siege to maintain high-tech equipment, he said. Another was there when the compound burned, but only as an observer, he said. "We had a presence there for support only," Darley said. "All other allegations appear to us to be unfounded and without basis in fact."…."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….If what Barry and Cullen say is true, military personnel may have violated the Posse Comitatus Act, which forbids use of military personnel in civilian law enforcement except in special cases approved by Congress. The prohibition applies only to direct participation by soldiers in an arrest, search or seizure. Soldiers may train civilian law enforcement agents or provide military vehicles and munitions. A congressional report determined that all members of the military were present only as observers and that no violation of the act had occurred. The report, "Investigation into the Activities of Federal Law Enforcement Agencies Toward the Branch Davidians," was issued in August 1996 by the House Government Reform and Oversight Committee and the House Judiciary Committee after their 1995 hearings. ….."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….Some evidence suggests that the ATF created a ruse about the possibility of illegal drug manufacturing at Mount Carmel to obtain free military assistance for its Feb. 28, 1993, raid, which left four ATF agents dead and more than 20 wounded. As early as November 1992, ATF agents were discussing the need for military support with Walker, the agency's Defense Department liaison, according to Treasury Department documents. The ATF is part of the Treasury Department. But there was a problem. In a meeting with the ATF on Dec. 4, 1992, Walker informed the agency that it would have to pay the military for the use of its equipment because the military could waive the charges only in anti-drug operations. At the meeting, Walker jotted a handwritten note that said: "There was no known drug nexus," according to the Treasury Department documents….. That military personnel can play a greater role assisting civilian law enforcement in drug investigations is a significant exception to the Posse Comitatus Act, passed as part of the 1990 Department of Defense Authorization Act to help fight illegal drug importation…..Before the end of December 1992, the ATF was investigating "suspicion of drug activity" at the Branch Davidian compound, according to the Treasury Department report……"

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….That addition to the points of investigation apparently was based on a Dec. 16, 1992, facsimile from Marc Breault in Australia, who suggested that a methamphetamine lab had once been seen on Branch Davidian premises. Congressional investigators later determined that Breault was a former Branch Davidian who had left the sect on bad terms……Former Branch Davidians said Koresh had discovered the lab when he arrived at Mount Carmel and had telephoned the McLennan County Sheriff's Department to report it and to ask that deputies confiscate it, but no one ever came, the congressional report said. The building Breault said the lab was in burned down three years before the ATF raid, the report also said……. However, the initial application for a warrant to search the compound included nothing about suspected drug violations. After agents failed to serve the warrant on Feb. 28, 1993, the day of the aborted first assault, they applied for another warrant and expanded its scope. That warrant also made no mention of drugs….."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….The congressional report states that the Feb. 28 raid should have been conducted differently if there was a real concern about the prospect of a clandestine methamphetamine lab on the premises. Because such labs usually contain explosive and toxic chemicals, standard procedure calls for the arrest of lab operators away from their laboratories. Koresh was regularly seen in Waco and could easily have been apprehended, officials have said…… "All those justifying stories have kind of gone up in smoke: drug use, machine guns, child abuse," said Daniel Polsby, a professor at George Mason University's law school who specializes in constitutional law. The congressional committees eventually determined that the "ATF misled the Defense Department as to the existence of a drug nexus in order to obtain non-reimbursable support."…."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….The use of Texas and Alabama National Guard units at Mount Carmel may have violated laws in both states and perhaps the U.S. Constitution. Convincing state officials that drugs were involved in the Branch Davidian investigation was crucial to involvement of the Texas National Guard. The Posse Comitatus Act does not prohibit use of state National Guard personnel for local law enforcement, but Texas law does. State law allows the use of its National Guard helicopters for law enforcement only if there is a evidence of drug violations….."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….On Dec. 11, 1992, ATF Special Agent Jose Viegra met with representatives of Gov. Ann Richards' office to discuss the role of the military in any potential ATF action against the Branch Davidians, Treasury Department documents show. Viegra was told he could not make use of Operation Alliance, which serves as a clearinghouse for several agencies involved in drug investigations along the Southwest border, unless there was a drug component. Three days later, according to a Treasury Department memorandum, Operation Alliance officials received a facsimile from the ATF requesting assistance from the Texas Counterdrug Program, which included the National Guard. Lt. Col. William Pettit, Texas National Guard coordinator of the Texas Counterdrug Task Force, signed off on the request. The ATF fax made no reference to suspected drug violations in the compound, casting Pettit's approval in doubt, according to the congressional report….."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….After the Feb. 28 raid, ATF Deputy Director Daniel Hartnett wrote Gov. Richards a letter on March 27, 1993, denying allegations that Mount Carmel did not have the necessary drug activity to justify the Texas National Guard's involvement. "Please let me assure you that nothing could be further from the truth," Hartnett wrote. Hartnett wrote that 11 sect members "have some prior drug involvement, some with arrests for possession and trafficking." However, when ATF agents were interviewed by Treasury Department officials in a post-siege review, they said that only one Branch Davidian had a drug conviction, the congressional report said…."

Ft. Worth Star-Telegram 9/12/99 Jennifer Autrey "….The ATF also used the Alabama National Guard for aerial photography on Jan. 14, 1993. That task was authorized by a "memorandum of agreement" between the adjutants general of the Texas National Guard and the Alabama National Guard. According to Texas law, the National Guard from another state cannot be used without approval of the Texas governor. Alabama state law says that its National Guard has no authority to conduct operations outside the state. National Guard personnel said in a post-raid Guard investigation that Gov. Richards did not approve the use of the Alabama National Guard. Military documents released to Congress during its 1995 hearings indicated that Richards was unaware of the extent of the Texas National Guard's involvement until after the Feb. 28 raid, the congressional report said…..Use of the Alabama National Guard may also have violated the U.S. Constitution, the congressional report said, although that issue was outside the scope of the congressional investigation. The Constitution specifically prohibits states from entering into treaties without congressional consent. The National Guard Bureau takes the position that use of the National Guard for law enforcement purposes across state lines is therefore strictly prohibited. "Thus, it appears that the Alabama National Guard entered and conducted military operations in Texas without the proper authority to do so," the congressional report said….."

San Jose Mercury News 9/13/99 Joanne Jacobs "….LATE at night, armed men shot their way into the home, set off a ``flash-bang'' grenade, then ran into a bedroom where a man and his wife had been sleeping. One of the gunmen shot Mario Paz, a 64-year-old grandfather, in the back twice. Paz, head of a hard-working, law-abiding Compton family, was killed on Aug. 9 by a police officer from El Monte who says he thought the retiree might be reaching for a gun. The SWAT team was looking for evidence against a former next-door neighbor, a suspected drug dealer who occasionally used the Paz mailing address. Police had no evidence against anyone in the household and found none during the raid. Nobody in the family has a criminal record. Despite that, they launched a military-style raid, shot a man for looking like he might be trying to defend himself against violent intruders and then handcuffed the survivors, including the victim's wife, and took them to a police station for questioning……When police treat citizens as the enemy, operate in communities they don't know and rely on overwhelming firepower, they are soldiers of an invading army. Mario Paz is just another casualty in the drug war……The drug war has militarized law enforcement. Collateral damage includes the 80 or so Branch Davidians -- nobody knows the exact number -- who died in the flames of Waco in 1993. In its war with David Koresh's religious sect, the FBI used military helicopters, tanks, armored personnel carriers and weapons -- apparently including pyrotechnic military tear-gas grenades……. Attorney General Janet Reno, who ``took responsibility'' after the assault, says she was clueless, and therefore bears no responsibility…… "

Washington Times 9/13/99 "….A Democrat on the Senate Judiciary Committee says he sees no evidence Janet Reno has the "good judgment" to continue as U.S. attorney general. Sen. Robert G. Torricelli told ABC he believes both Miss Reno and FBI Director Louis Freeh should be held accountable for "major failures" in federal law enforcement that are "coming almost routinely." "Somebody has to answer. Whether it's the FBI director or the attorney general -- or both -- to restore confidence and assure people this isn't going to continue to happen. Everything cannot all be forgotten and forgiven in an effective government," the New Jersey Democrat said on ABC's "This Week." Both Mr. Torricelli and Senate Republican Leader Trent Lott, in television appearances yesterday, questioned Miss Reno's fitness to continue as attorney general, given a "pattern" of missteps the Justice Department has made during her watch….."

Washington Times 9/13/99 Joyce Howard Price "….Those "mistakes," Mr. Torricelli said, include the "decision to assault the Branch Davidians" during the Waco, Texas, siege and "what now appear to be peculiar and probably unwarranted judgments in the Cisneros case, in the Espy case, the Lewinsky decision with regard to Kenneth Starr and the decision not to order a wiretap in the Wen Ho Lee case" involving Chinese espionage at U.S. nuclear weapons labs….. Mr. Torricelli said: "I suggested previously that I thought President Clinton needed to meet with the attorney general and assure himself that she was capable of running the department and still exercising good judgment. He, to my knowledge, has not done so to my satisfaction. I haven't seen any change in her performance to convince me that there is good judgment there." ……. Mr. Podesta said he does not know whether the FBI provided a full copy of the report in question to the White House in late 1993. He said he would have to check on that. Republicans generally have declined to criticize Mr. Freeh, the FBI director, pointing out he did not head the agency when the Waco siege occurred. But Mr. Torricelli said "there's a need to look at the FBI leadership as well. "At its worst case, there are people involved in law enforcement in the country who made a judgment to defy their orders and the requirements of the law to produce evidence. That's its worst case. But it can be something else, too. Just a failure of management." ……

St. Louis Post-Dispatch 9/13/99 William H Freivogel "….John C. Danforth said Sunday that the time period of interest to him in his Waco investigation begins at the point the standoff ended -- April 19, 1993, when the government began its assault on the Branch Davidian compound. Danforth made the comment during a break in his appearances on the Sunday talk show circuit, where he again emphasized that he will focus on "bad acts" not "bad judgment." The "dark questions" of the Danforth investigation -- whether government agents started the fire at the compound in Waco, Texas, whether agents fired the bullets that killed members of the sect and whether the government covered up information -- all involve the period of time beginning with the end of the standoff and running to the present, he said. The only question central to the investigation that falls outside that time frame is whether the roles of members of the armed forces violated the law, said the former senator….."

Associated Press 9/13/99 Jim Abrams "….The House Government Reform Committee chairman, Rep. Dan Burton, R-Ind., meanwhile, promised a broader investigation. ``We need to find out who's responsible. It may not be an illegal activity, but if it was incompetence, we don't want people in charge of things like Waco if they're not doing their job properly,'' he said on ``Fox News Sunday.'' ….. "

South Bend Tribune 9/12/99 Jason Callicoat "….Niles resident David Jewell's daughter spent more than four years as a follower of cult leader David Koresh in Waco, Texas, and his ex-wife died during the standoff there six years ago. He says the current investigation is purely political……Jewell's daughter, Kiri Jewell, now 18, lived in the Branch Davidian compound for four and a half years until her father won custody of her in 1992. Kiri's mother, Sherri Jewell, was one of cult leader David Koresh's many wives. She remained in the cult and died in the fire at the compound during the 1993 government raid…."

New York Post 9/13/99 Deborah Orin "….Republicans yesterday vowed a broad probe of who's to blame for what went wrong in Waco - going well beyond the investigation that Attorney General Janet Reno commissioned from ex-Sen. John Danfort House Government Reform chairman Dan Burton (R-Ind.) said he wants to find out who's to blame if miscalculations led to the inferno that took about 80 lives at David Koresh's Branch Davidian compound in Waco, Texas. ….. Danforth also said if he needs investigators, he'll probably use postal inspectors - rather than FBI agents or officials from the federal Bureau of Alcohol, Tobacco and Firearms, which were both involved in Waco. He vowed a non-political probe and said he doesn't plan to issue a step-by-step report, only a final report when he's done - and "it's not going to be guided by any election schedule." …."

Associated Press 9/12/99 Jim Abrams "…..GOP lawmakers angered by the Justice Department's failure to produce crucial documents promised Sunday a broader investigation of the 1993 Waco siege than the one planned by a special counsel. …. The renewed criticism of the Justice Department and Reno was prompted by the news that an FBI report the department turned over to Congress years ago lacked one page that mentioned the use of military-style incendiary tear gas against the religious cult…..Reno was asked Sunday by Burton to provide interviews this week with three Justice officials, including attorney James G. Touhey, Jr. Earlier this month, Touhey wrote a memo detailing his discovery that some copies of the 49-page FBI lab report, including the copy sent to Congress, did not include the last page which mentioned the use of pyrotechnic rounds….."

United Press International 9/12/99 "….The public, however, might never see the report. Danforth said he hoped the entirety of his investigation could be revealed publicly, but he did not rule out keeping all or parts of it secret for security reasons. Meanwhile, Former Sen. John Danforth, appointed by Reno to spearhead a new independent investigation, said his office had the authority to prosecute any person implicated in wrongdoing in either the events in Waco or the alleged cover-up. But he said his primary role was to find facts and reveal whether ''bad things were done'' by federal authorities involved in the siege. ''The first priority is to get the facts,'' Danforth said, speaking from St. Louis on today's morning news shows. He vowed to use his full clout as independent counsel to conduct the investigation, including issuing grand jury subpoenas to federal authorities….."

Reuters 9/12/99 "…A top White House aide said Sunday a special investigator should find out why the Justice Department gave Congress a report in 1995 without a last page that referred to the use of military tear gas during the assault on the Branch Davidian compound near Waco, Texas. "We ought to figure out what happened there,'' White House Chief of Staff John Podesta said on the CBS television show ''Face the Nation.'' He added, "I'm not sure what happened, whether it's just a screw-up or there's something more to it.'' …..Podesta said former Sen. John Danforth, recently named to conduct a special Waco investigation, should "dig into this, find out what happened, report to the American people and ... let the chips fall where they may.'' If someone deliberately refused to turn over the page to Congress, then "appropriate action ought to be taken,'' he said….."

Washington Post 9/13/99 Vernon Loeb "… Former Missouri senator John C. Danforth said yesterday that he is already assembling a team of private attorneys and federal investigators to probe the government's 51-day standoff against the Branch Davidian sect in 1993 and would not hesitate to prosecute officials for wrongdoing. "I have been given assurance that I can carry this investigation in whatever direction I see fit," he said on "Fox News Sunday." But Danforth's remarks, following his appointment as a "special counsel" last week by Attorney General Janet Reno, did little to quell a growing political controversy over the standoff outside Waco, Tex., that ended in a fire that killed about 75 people. ….. "

NewsMax.com 9/14/99 ".... Has Bill Clinton pulled a "Saturday Night Massacre" with the Waco investigation? ....The first half of the AP story is devoted to the bombshell decision, sealed since Friday, of U.S. Deputy Attorney General Eric Holder, who has "abruptly removed" assistant U.S. Attorney Bill Johnston and his boss, U.S. Attorney James Blagg from the investigation.....Johnston's surprise firing, which came with no public explanation from Holder, looks extraordinarily bad. Only two weeks ago the Assistant U.S. Attorney had written Attorney General Janet Reno to warn, "Facts may have been kept from you -- and quite possibly are being kept from you now -- by components of the department." Were those Justice Department "components" worried that under Johnston's control, smoking gun evidence might emerge? ... Has the Clinton Justice Department now cashiered the one federal prosecutor interested in getting to the bottom of this sorry episode just as the truth was about to emerge? "

NewsMax.com 9/14/99 ".... On Monday the FBI admitted that Lon Horiuchi, the crack FBI's sniper who picked off Ruby Ridge victim Vicki Weaver as she held her baby in her arms, was involved in the final Waco siege. Expended shell casings were discovered at the scene but the FBI claims they didn't come from Horiuchi's rifle. Instead, says the government, the casings were left over from the initial February 28 BATF assault on Mt. Carmel. A ballistic examination of those casings; something that was not done as part of previous Waco investigations, could determine if the casings came from bullets fired by Horiuchi. Other ballistics tests, which at least one Texas law enforcement official claims were withheld from investigators, could prove whether some of the 23 Davidians who died from gunshot wounds were killed in a shootout with FBI agents or members of an elite military squad who's presence was only recently disclosed. David Pareya, one of four McClennan County officials who ordered autopsies for the dead Davidians, complained about the sealed ballistics evidence to the Waco Tribune-Herald on Friday, "The thing that always stayed in my mind was if (FBI officials) were afraid some ordinance or ballistics could be matched up with their weaponry." ..."

New York Times 9/15/99 David Johnston "....The top Federal prosecutor in Texas responsible for handling all legal matters related to the F.B.I. tear-gas assault near Waco, Tex., has asked for and received permission from the Justice Department to be recused from the case, according to legal papers disclosed on Tuesday in Texas.... The court papers filed on Tuesday, called a notice of recusal, do not explain why all personnel for the United States Attorneys' office for the Western District of Texas, including Johnston, an outspoken critic of his superiors, were removed from the case. But law-enforcement officials said on Tuesday that Blagg sought the recusal because he and other prosecutors would be witnesses in the investigation by former Senator John C. Danforth into the assault, which used tear gas cannisters that could have started a fire..... The officials said the action was not intended to silence Johnston. ...... "

AP 9/14/99 "..... In a photograph hanging in Bill Johnston's office lobby, the assistant U.S. attorney stands in a stone-faced row of Texas lawmen, all wearing cowboy hats and jeans and holding guns, staring straight into the camera. It's a fitting image of how he's seen by those who know him well: strong, confident, fearless before any opponent. Fellow prosecutor Don Cantrell says his friend has a clear moral code. ``He's a guy that's got a sense of right and wrong and he's going to do only what's right,'' said Cantrell, county/district attorney of Limestone County, who has known Johnston since the early 1980s. ``There's no doubt he's a straight shooter.'' Johnston, appointed a federal prosecutor in 1987 at age 28, now stands at the center of a controversy over how the federal government handled the 1993 siege and fire at the Branch Davidian compound at Waco and the ensuing investigations. Ten days after Johnston wrote a letter to Attorney General Janet Reno raising questions about a possible Justice Department cover-up in the Waco standoff, Johnston and his boss, U.S. Attorney James W. Blagg, were abruptly removed from the case, according to a court filing made public Tuesday...... Johnston is the son of career Dallas County prosecutor Wilson Johnston, who helped try Jack Ruby for shooting Kennedy assassin Lee Harvey Oswald. He hung around the courthouse as a boy, watching trials and getting an early start on the career he pursued upon graduating from Baylor Law School in 1982. He became a McLennan County prosecutor in Waco and later worked as police adviser and in private practice. After the Waco police became frustrated by the slow pace of drug prosecutions, city officials pressured U.S. Sen. Phil Gramm for a local branch of the San Antonio-based U.S. Attorney's Office. Johnston was tapped for the job. Locals say he was willing to take on crimes some federal prosecutors might have passed on. ``When he got in, he filed all these cases that had been thrown out of the DA's office and sent a bunch of people to the pen,'' said David Smith, a retired Waco city manager. ``I put my money on him always coming down on the right side.'' In the best-known case of Johnston's career, he helped draft the Bureau of Alcohol, Tobacco and Firearms search warrant that became the basis of the Feb. 28, 1993, raid and ensuing 51-day siege. Afterward, Johnston assisted in the 1994 criminal trial that resulted in manslaughter and weapons convictions of nine Branch Davidians..... Johnston said he doesn't regret his stand against the Justice Department. ``I did what I did based on the facts presented to me and what I thought I had to do,'' he said. ``In August, the department continued to deny there were any issues ... I just had to do something.'' ..."

Cox News Service 9/15/99 Mark England and Tommy Witherspoon "....Federal prosecutor Bill Johnston of Waco and his boss were removed Tuesday from any dealings with Branch Davidian matters by Deputy Attorney General Eric Holder...... `I would not have a comment on the substance of the recusal,'' said Johnston, an assistant United States attorney, ``but I am going to continue to do what I think is the right.''..... Attorney Mike Caddell of Houston, who represents several Davidians in the upcoming wrongful death lawsuit against the government, speculated the recusals may relate to concerns that Blagg, Johnston and others will be targeted in an investigation into whether they acted improperly five years ago by not telling defense attorneys for the Davidians that incendiary tear gas was used at Mount Carmel...... ``Frankly, the U.S. Attorney's office was not handling anything related to the civil case,'' Caddell said. ``They had already been taken out of the loop by the Justice Department. Everything we're doing, arranging for depositions and document production, is being handled by the Justice Department.'' ..... ``His actions in saying don't create Brady material are not consistent with a claim to be seeking the truth,'' Caddell said. ``But he gave Mike McNulty access to an evidence locker, which ended up benefitting us. The Justice Department had been stonewalling us for six years. I thought Johnston was straight with me.'' .... President Bill Clinton appointed Bradford as United States Attorney for the Eastern District of Texas in 1994. Before that, Bradford was a Jefferson County district judge and a United States magistrate. He graduated from the University of Texas Law School in 1978...... His first duty will be to get up to speed on the Branch Davidian case, Bradford said in a released statement. `Our first priority is to familiarize ourselves with the issues at hand so that we may fully cooperate with all other entities looking into this matter,'' Bradford said. ``Our main objective is to assist in providing truthful information in order to foster public confidence.''...."

AP Newswire 9/14/99 Laurie Kellman "...The Justice Department has removed the federal prosecutor who first raised concerns about a cover-up at Waco from further involvement in the case, saying he and his colleagues are potential witnesses in the independent inquiry into the government siege. Justice officials said there could be additional removals of lawyers involved in the case, including some who are helping to defend the government against civil suits brought by the Branch Davidians..... ``I'm not sure what to make of it. I'm trying not to be paranoid,'' Johnston said in an interview with the Associated Press, adding that he hasn't been involved lately in court developments related to the Branch Davidian case. ``Nothing in this case surprises me.'' ..... ``I think it's going to have to be broader than just Waco itself,'' Lott, R-Miss., told reporters. ``There are a number of investigations that they are basically either not doing or they have stiffed us on. So we need to find out what's going on.'' .... The removal of Johnston from the case came to light less than 24 hours after the public release of a letter he had sent to Attorney General Janet Reno.... One frequent critic of Justice's conduct, Rep. Bob Barr, R-Ga., a member of the House Judiciary Committee, charged that the department acted to shut Johnston up. ``The department has swiftly and quietly silenced the one internal voice of opposition to the party line, publicly embarrassed him and damaged his career,'' Barr said. ..... Justice officials are considering recusal for lawyers in the civil division, whose torts branch acknowledged that the department failed to provide Congress the one page of an FBI report that referred to a military tear-gas round being fired at Waco...... Johnston had been at odds with Blagg, his superior, and other Justice officials over the investigation of the government's actions during the standoff with the Davidians at their compound outside Waco. Johnston had pressed Justice officials to allow independent filmmakers to review evidence sifted from the charred ruins of the Davidians' compound -- evidence that led to the FBI's recent admission that the potentially incendiary tear gas canisters were fired...... Plans for an initial flurry of hearings by various committees have narrowed to two, conducted in the House by Government Reform Committee Chairman Dan Burton and in the Senate by the Judiciary Committee. Lott and Judiciary Committee Chairman Orrin Hatch said that Sen. Arlen Specter, R-Pa., probably will lead the latter proceedings. ..."

Drudge 9/14/99 "....The Justice Department has decided to back down from its attempt to stop a federal judge in Texas from gaining control of evidence relating to the Branch Davidian siege at Waco in 1993, the DALLAS MORNING NEWS is reporting on Wednesday. Last month U.S. District Judge Walter Smith, who is overseeing a wrongful death civil suit filed by surviving Branch Davidian members, ordered all evidence to be turned over to his court in Waco -- only to have the government challenge his order. In a bold move, Judge Smith stated he would hold the government in contempt if the evidence was not handed over! On Tuesday, the Justice department announced that it would not challenge Judge Smith's authority to gather all evidence. ...... "

CNN -Burden of Proof Greta and Roger Freeper Theresa ".... One of the guests, Sol Wisenberg was one of the attorneys that questioned Clinton during his Grand Jury testimony.......

VAN SUSTEREN: But I got to tell you -- I'll tell you, Sol, if someone deliberately withheld that page -- deliberately, it could be proven -- I think that person ought to face some serious consequences because that is -- if it's done deliberately with the intention to mislead Congress, something you would prosecute?

WISENBERG: Certainly, absolutely. Certainly not the first time it's happened to this administration, though it's interesting. If they contemporaneously sent it to defense lawyers or plaintiffs lawyers in the civil suit...

COSSACK: Not contemporaneously. Sometimes...

WISENBERG: Well, in the same year. It could indicate just more of a contempt for Congress, a realization that, well, we can't mess around with the court, but it's a little bit different arena with Congress...."

NewsMax.com 9/14/99 Inside Cover "....Consider this from Monday's Dallas Morning News: "A Texas Rangers sergeant assigned to sort through the Branch Davidian evidence kept by the Texas Department of Public Safety wrote that his efforts were slowed by the lack of a complete set of crime scene photographs from the case. 'It is my understanding that the FBI had taken all of the 35-mm film, negatives and reference material into their possession, and only a limited number of photographs were returned to the Texas Department of Public Safety,' Ranger Sgt. Joey Gordon wrote in a report obtained by The Dallas Morning News." .... Three months after Waco, crime scene pics entrusted to the FBI vanished once again -- after U.S. Park Police turned over a full set of 35-mm and Polaroid photos taken of Vincent Foster's body after it was discovered in Ft. Marcy Park. First, the FBI claimed that 35-mm photos taken by Park Police Detective Peter Simonello were "underexposed" and therefore useless. (Simonello later testified that the developed 8 x 10's he had seen "looked good to me.") Then, many of the Polaroids taken by Park Police Detectives John Rolla and Franz Ferstel just vanished outright. Here's how the appendix to Ken Starr's report on Foster's death covered the disappearing Foster crime scene photos, above a reproduction of the FBI's signed receipt for 18 Foster Polaroids: "FBI report for receipt of Polaroids: First set of five Polaroids of body site taken by USPP Edwards; second set of five Polaroids of car taken by USPP Braun; third set of eight Polaroids of body site taken by USPP Rolla. All of Ferstel's 'approximately seven' Polaroids vanished, and Rolla's 'backside' Polaroids vanished -- only nine usable photographs of body officially exist (seven of body and two of face)." If the FBI did weddings and bar mitzvahs, they'd be out of business by now...."

The Dallas Morning News 9/14/99 Lee Hancock David Jackson "...The government will not fight a federal judge's demand for control of all of its information and evidence tied to the 1993 Branch Davidian siege, a federal prosecutor said Tuesday. News of that decision came the same day that Justice Department officials confirmed that an assistant U.S. attorney who has publicly complained about the department's recent handling of the Davidian case has been removed from further participation in the case.......``I cannot say anything about the order,'' he [Johnston] said. ``I will continue to do what I think it right.'' Some congressional critics said they fear the move may be an effort to silence Johnston, who sent Attorney General Janet Reno a letter on Aug. 30 warning that other Justice Department lawyers had long misled her and the public about the some of the government's actions during the tragic final day of the Waco standoff....U.S. District Judge Walter Smith of Waco last month ordered the government to turn over all evidence relating to the Davidian incident. The government initially challenged his order as excessive and unlawful, but after the judge ordered U.S. marshals to begin seizing evidence last week, Justice Department lawyers hinted that they might drop their fight.......U.S. Sen. Charles Grassley, R-Iowa, said the Justice Department must fully explain the decision to transfer control of the Davidian case to Bradford's district from the district where Johnston works. ``The public could get the impression that main justice is trying to control and neutralize what could be legitimate criticism from the assistant U.S. attorney about the way the Justice Department and the FBI have been handling the case,'' he said...... Bradford said he was not familiar with Johnston's role in the Texas Rangers recent effort to identify questioned evidence from the standoff. But he added that Johnston probably will not be allowed to continue helping that inquiry as a federal prosecutor. ``To the extent that he has information that's helpful to ongoing matters, this is not going to prevent him from sharing his information with others,'' Bradford said. ``It does mean that coordination of those matters is supposed to be handled through our office.''...... The recusal raises questions about whether the Justice Department lawyers preparing to defend the government in the wrongful death case will also be removed, department officials said. .....Senate Majority Leader Trent Lott, R-Miss., said his investigation should go beyond the Branch Davidian incident ``into a number of issues where we have concerns about the Justice Department and the lack of justice at that department.''..."

Washington Post 9/15/99 David Vise Lorraine Adams "....The Justice Department has removed the entire U.S. Attorney's Office for the Western District of Texas from further work related to the 1993 siege of the Branch Davidian compound near Waco, Tex. The broad recusal is intended to avoid conflicts that could impede a fresh investigation being led by former senator John C. Danforth (R-Mo.), a senior Justice Department official said yesterday. Deputy Attorney General Eric H. Holder Jr. said U.S. Attorney Bill Blagg, whose office handled the criminal trial of the Branch Davidians in 1994, requested that his Western District office be recused from further work on Waco..... "People who were involved in the original trial are potentially now going to be witnesses in the Danforth deal," Holder said. "It is an appearance thing to make sure people who are potentially witnesses are not actively involved in anything ongoing. If anything, it just makes it less difficult for [Danforth] to accomplish his mission." .....Holder said the broad recusal had nothing to do with Johnston's letter. ..... Holder said the recusal also was granted because officials in the Western District of Texas were present at "an interview" where the tear gas canisters were discussed. "My office has been recused from all . . . matters to avoid any potential or appearance of a conflict of interest," Blagg said. Holder transferred authority to work on the case to U.S. Attorney Mike Bradford of the Eastern District of Texas...."

National Post (Canada) 9/13/99 "....I owe my New Hampshire neighbour Tom an apology. Tom has wild, flowing white hair and an extensive range of T-shirts, all of them about the right to bear arms: He is, in other words, a fully paid-up right-wing crazy. A few weeks back, at a rally for Dan Quayle, I asked Tom what he thought was the most important issue in the 2000 presidential election. "No doubt about it," he said. "Waco." My natural inclination was to hoot with derision. But I was sensitive enough to appreciate why, six years on, the bloody end to the Waco stand-off might still resonate with Tom: Driving past his house, I'm always pleasantly surprised to find it's not yet under siege by federal agents, who like nothing better than spending millions of taxpayer dollars staking out guys who earn $12,000 a year. I use the prosaic designation of "house," though doubtless, by the time the feds show up to take him out, Tom's place will have been upgraded to the more glamorous "compound." The precise point at which a "house" or "farm" or "ranch" becomes a "compound" is not clear -- the Branch Davidians religious cult had a "compound" at Waco, white supremacist Randy Weaver had a "compound" at the Ruby Ridge shoot-out -- but it doesn't seem to have caught on with the realtors ("Beautifully remodelled executive compound with drop-dead views!") as much as it has with the feds and their pliant media chums...... .Still, as Attorney-General Janet Reno told the FBI publicity guy after the siege's incendiary finale, "No one cares about Waco." And, on that blistering July day at the Quayle rally, I tended to trust Janet's political instincts over Tom's..... fortunately for the feds, although it's a felony for a citizen to lie to the FBI, it's not a felony for the FBI to lie to the citizens. Nonetheless, Janet Reno has professed herself shocked, shocked to discover this sort of thing going on under her nose and promised to tackle it with the same rigour she's applied to, er, Clinton-Gore fundraising illegalities, Chinese nuclear espionage, you name it...... "

National Post (Canada) 9/13/99 "....What happened at Waco was the federal government got a yen to shut down a fruitcake cult. Its leader, David Koresh, liked to go down to town fairly regularly and could easily have been picked up for questioning down at the convenience store. But the watchword at federal law enforcement is: If you've got it, flaunt it, baby! So instead they decided to send in 700 armed men with machine guns and tanks. Instead of pepper spray, they poured in CS gas, which the U.S. government is prohibited by the Chemical Weapons Treaty from using against foreign countries but reserves the right to deploy against its own citizens. In case that wasn't enough, they also called in backup from the top secret military Delta Force......Whatever one feels about the feeble APEC enquiry, the fuss over the RCMP's use of pepper spray is in stark contrast to American insouciance over its own national police forces' use of machine guns, tanks and chemical weapons. There is at least a broad consensus in Canada that agents of the state do not have the right to kill their own citizens with impunity. In America, the feds can and do. At Ruby Ridge in Idaho, they killed Randy Weaver's wife and child, again for no reason: No one went to jail -- though eventually the FBI was happy to settle out of court with Weaver for $3-million (US)......

National Post (Canada) 9/13/99 "....Yet, through it all, the U.S. media have been massively indifferent. It's hard to believe they'd have been so lethargic if the government had murdered members of an eco-commune or a gay group. But one of the most striking features of the American scene is the absence of principled left-wing indignation. During Bill Clinton's recent impeachment difficulties, you couldn't help noticing that the only left-wing journalists in the U.S. with any appetite for attacking the president were a couple of English public schoolboys -- Alexander Cockburn and Christopher Hitchens. During the impeachment trial, David Frum and I shared a latte with a liberal columnist and asked him where the left-wing opposition to Clinton was. He shrugged and said, "In the end, he's our guy." Apparently, this dispensation also extends to killing gun kooks and religious nuts: They're not our kind of people, so who cares? The commentator Carl Rowan summed up the establishment view when he said he now supports an inquiry because too many good people in the government are being hurt by these allegations. So that's what's important, not that too many crummy people -- social misfits, creeps, losers, nobodies -- have been hurt, fatally, by the government....."

Investor's Business Daily 9/15/99 "....Who killed the Branch Davidians who were shot to death? The government wants the public to believe that Branch Davidian leader David Koresh and his lieutenants shot group members who tried to escape during the April 19, 1993, siege. Recent revelations, however, indicate that government agents could be responsible for some of the Davidians' deaths. The Fort Worth Star-Telegram reported in its Monday issue that an FBI agent said he heard shots being fired from a sniper post. In the same story, Texas Department of Public Safety Commissioner James B. Francis is quoted as saying he has reason to believe ''gunfire took place there by government police officers.'' Further, the medical examiner who autopsied the bodies of the dead Davidians told The Atlanta Journal-Constitution he feels he should re-evaluate his findings because: ''The focus at the time was not whether the FBI was doing the shooting.'' Dr. Nizam Peerwani, the Tarrant County, Texas, medical examiner, told the Journal-Constitution he wants to know if the bullets that killed the Davidians first went through walls or doors. If so, that could mean the deadly shots were fired from outside the complex - by government agents. By now it's clear someone was shooting at the Davidians. The FBI's own videotape shows gunfire from an unidentified source hitting the rear of the camp. On Monday, The Dallas Morning News reported that shell casings were found in a house near the Davidian camp. Were they from FBI agents who shot at the Davidians the day the complex burned? Or were they leftover casings from Bureau of Alcohol, Tobacco and Firearms agents? They used the house as a sniper post when a gunfight broke out as they tried to search the camp nearly two months before the siege. If the casings were ATF leftovers, why weren't they picked up? Ballistic tests can clear up the question...."

Investor's Business Daily 9/15/99 "....If the government indeed shot at the Branch Davidians, just who fired first - agents or the Davidians? The FBI has long maintained that its agents never fired at the Davidian camp on the last day. Not only is there growing suspicion that agents shot up the complex; it's also possible they fired first. ...."

Investor's Business Daily 9/15/99 "....Did agents knowingly fire flammable tear gas rounds into the complex to ''help'' the Davidians burn it down? FBI bugs caught the Davidians talking about spreading kerosene in a building. (It's not known if it was a suicide attempt or a diversion to mask the Davidians' escape or a deterrent to agents who might be entering the building on foot.) Armed with that information, agents could have intentionally fired the tear gas into the complex with the goal of starting a fire. If the agents weren't hoping to ignite the fuel with the tear-gas rounds, then the FBI should have been more forthcoming. It looks suspicious...."

Investor's Business Daily 9/15/99 "....Did the government use military-grade explosives to knock down a complex door? The Dallas Morning News reports that agents had at their disposal 250 highly explosive 40 mm rounds from Fort Hood in Texas..... The FBI said the rounds weren't used at Waco. But a 40 mm shell was found in the rubble of the burned complex. It was later identified as part of a tear-gas round. But was it? A Texas Ranger remembers being told the FBI had permission - from whom? - to use a ''device'' to knock down a door. We can't imagine why military-scale force was necessary. Those rounds were enough to level the complex. Was the government hoping to save the children from the Davidian adults by destroying them?

Investor's Business Daily 9/15/99 "....Were members of the Army's Delta Force at Waco simply to lend advice, or did they participate in the raid? ....Yet there is a growing body of news reports that the Army was more involved than it should have been. The Morning News quoted a former CIA officer saying that Delta Force commandos were ''present, upfront and close'' when the complex was raided. In its Sunday issue, the Star-Telegram says a former Special Forces sergeant claims a noncommissioned officer told him the commandos were ordered to ''take down'' the Davidian camp. The Star-Telegram also quotes Texas Public Safety Commissioner Francis saying there is evidence the commandos might have been ''more than observers.'' ..."

Investor's Business Daily 9/15/99 "....Shots were fired at the Davidians on the last day, but it's not yet clear who pulled the triggers. The FBI has steadfastly denied it fired. Were the shots fired by the ATF from a helicopter? Or were Delta Force commandos doing the shooting? ...."

Investor's Business Daily 9/15/99 "....Who said the Davidians were making drugs? This allegation allowed the government to call in Delta Force and use military helicopters. No drug lab was found in the camp, though. In fact, the government knew in December 1992 that Davidians weren't making drugs in the camp...."

Investor's Business Daily 9/15/99 "....And who made up the claim that the Davidians were abusing children? The FBI told Reno that Koresh was ''beating the babies.'' Somebody knew that would hit a raw nerve with Reno, who fervently prosecuted child-abuse cases when she was the Dade County, Fla., state attorney. The child- abuse claim, used as an excuse for the second - and final -siege of the camp, turned out to be false. There needs to be an accounting. Someone hungry for a raid purposely misled Reno...."

Washington Times 9/15/99 Jerry Seper "... Justice Department officials noted that Mr. Johnston had been "recused, not fired," and no effort had been made to "get back at him" for his letter or public comments on the Davidian case. Law enforcement sources said Justice officials were concerned that Mr. Johnston had compromised the government's position in a wrongful death suit filed by surviving Davidians. ...... Mr. Johnston is not the first prosecutor to be relieved of his duties by the Justice Department because of public disagreements with the attorney general. In July 1998, Charles G. LaBella, the federal prosecutor Miss Reno handpicked to head the campaign finance task force probe, told the attorney general she was required under the Independent Counsel Statute to seek the appointment of an outside prosecutor in the case. Mr. LaBella eventually lost his job after his recommendation became public....... Mr. Danforth, a former Republican senator from Missouri, said his Waco inquiry would seek to discover whether federal agents killed U.S. citizens and later sought to cover up their actions. He has the authority to investigate whether during the raid federal officials made false or misleading statements, allowed others to make false or misleading statements; withheld evidence or information; destroyed, altered or suppressed evidence or information; used any incendiary or pyrotechnic device; started or contributed to the spread of the fire; engaged in gunfire; and whether there was any illegal use of military forces, including the Army's Delta Force. ...... "

Associated Press 9/15/99 Susan Parrott "....Friends and colleagues of Assistant U.S. Attorney Bill Johnston rushed to his defense following the prosecutor's removal from the Waco case. ``He is a nice guy who never curses or engages in what I would call a vice. Because of that, it is easy to consider him naive or underestimate him,'' author Gary Lavergne said Tuesday. ``The truth is that he is as tough as anybody I have ever known, and he will only take so much - from anybody,'' said Lavergne, who worked with Johnston while writing a book about executed killer Kenneth McDuff..... In an interview in his Waco office, Johnston told The Associated Press he isn't sure what to make of the move. ``I don't know how to characterize it. Nothing in this case surprises me,'' he said. ``I'm trying not to be paranoid.'' Johnston helped draft the Bureau of Alcohol, Tobacco and Firearms search warrant that became the basis of the Feb. 28, 1993, raid and ensuing 51-day siege. He later helped convict nine Davidians...... Johnston said he doesn't regret his stand against the Justice Department. ``I did what I did based on the facts presented to me and what I thought I had to do,'' he said. ``In August, the department continued to deny there were any issues. ... I just had to do something.'' ..... "

Freeper Cicero on Investor's Business Daily, J. Orlin Grabbe website 9/15/99 "....The following quotation is taken from Investor's Business Daily (September 15), which in turn cites the Dallas Morning News. 'Did the government use military-grade explosives to knock down a complex door?..... The commandos' presence could have been legitimate. Congress amended the Posse Comitatus Act to allow the military to lend equipment, information, training and advice to law-enforcement agencies to deal with drug trafficking. But each day it looks more and more like the military's role went beyond that....' This information is significant in itself, but wait, there's more. The Commander in charge of Fort Hood, which supplied the explosive shells, was none other than General Wesley K. Clark, known to his fellow officers as The Ultimate Perfumed Prince. Clark is, cooincidentally, a Rhodes Scholar from Arkansas. The following is taken from the third paragraph of a short biography of Clark, supplied by the SHAPE Public Information Office and posted at J. Orlin Grabbe's website: 'General Clark is an Armor Officer who has commanded at every level from Company to Division. As the Commander 1st Cavalry Division, Fort Hood, Texas (August 1992-April 1994), he transitioned the Division into a rapidly deployable force and conducted three emergency deployments to Kuwait..' ....Either General Clark or one of his surbordinates authorized the release of these shells to the FBI, or he sent them to Waco with troops under his command who may have used them...."

The Daily Oklahoman 9/15/99 John Parker "....In 1996, the U.S. House of Representatives approved a blue-ribbon panel to scrutinize how federal agents handled the Branch Davidian standoff near Waco, Texas. Broad subpoena powers would have given the five members a potent tool to unearth facts about the April 1993 disaster that left dozens buried under charred rubble. However, the House bill was attacked as a National Rifle Association attempt to weaken federal agencies. Federal law enforcers also didn't like the idea of a group of civilians criticizing their operations. The commission was supported by the NRA, and also the American Civil Liberties Union and the National Association of Criminal Lawyers. But Charles Schumer, a Democrat House member in 1996, cited previous House and Senate hearings on Waco, plus agency investigations, as reasons to scrap the commission.... . Although the House approved the commission in 1996, Senate critics scrapped it before it even reached the Senate floor. Sen. Orrin Hatch, R-Utah, cited law enforcement complaints about the commission. The Senate version, he said, replaced the "Waco commission" with a group to recommend law enforcement changes for a new century. Sen. Don Nickles, R-Ponca City, wanted the bill passed before the one-year anniversary of the Oklahoma City bombing that left 168 people dead. The commission was part of the 1996 anti-terrorism bill that later was adopted. Nickles didn't mention the loss of the Waco commission, but he praised the compromises that helped the bill pass before the anniversary. ....... The $2 million commission that was created, the Commission on the Advancement of Federal Law Enforcement, will issue its recommendations in October. Former CIA and FBI head William H. Webster is chairman. Lee Colwell, the commission's executive director, said Tuesday that commissioners examined the published results of other Waco investigations, but their focus is future law enforcement...."

KTVB Channel 7 NBC News, Boise Idaho 9/14/99 Freeper MatthewQuigley "....Responding to news that the FBI agent in charge of the Waco sniper post was Lon Horiuchi, the FBI sniper who fatally shot his wife during the federal standoff at Ruby Ridge, Idaho, in late 1992, Randy Weaver spoke by phone with KTVB reporter Dana Drake on Tuesday. Mr Weaver said " I had hoped from the beginning that someday the truth would come out and justice would be done. I want to see the people who need to be punished brought into court , tried, and punished" ( paraphrased by me from audio) .... here is the site for the video clip- www.broadcast.com/television/ktvb/archive/tue10.ram. This is the entire 10 PM newsreport, the Weaver clip begins at 4:42 into the news...."

The New Republic 9/27/99 Gregg Easterbrook "…. In understanding Waco, it's time to follow the helicopters….. The ATF had a valid reason to investigate the Davidians: The cult was thought to be acquiring automatic weapons, which is illegal and exactly the sort of suspicious act that law enforcement agencies ought to scrutinize. Whether the ATF needed to open with a belligerent thrust is, however, another matter. On several occasions, local police had simply knocked on the Davidians' door and entered without confrontation. The ATF held a warrant for David Koresh's arrest and might have snatched him on one of his trips outside the compound. Instead, dozens of ATF agents in flak vests, brandishing assault rifles, charged the compound door, while others took positions on the roof. Some agents wielded concussion grenades ("flash-bangs"), which can harm and also make the sort of end-of-the-world noise sure to cause a cult member to lunge for a weapon. The plan called for these agents to throw the flash-bangs early in the raid even if the Davidians did not resist. Thus, it seemed a recipe for confrontation, creating the appearance of the very sort of government apocalypse the ATF knew the Davidians feared…."

The New Republic 9/27/99 Gregg Easterbrook "…. Nevertheless, as ATF agents first advanced on the compound, no shooting occurred on either side. Then, three military helicopters flown by the Texas National Guard arrived at the scene. One was a UH-60 Blackhawk, a large helicopter that is among the military's most advanced. And, yes, its standard paint job is a dark shade close to black. Just how ATF personnel ended up riding in military helicopters is puzzling in itself. According to the admirable but overlooked 1995 book The Ashes of Waco--written by a mainstream author, the Texas journalist and former Neiman Fellow Dick Reavis--prior to the raid, the ATF fabricated evidence that the Davidians were manufacturing drugs. These accusations enabled it to invoke a regulation allowing military participation in anti-drug raids. But why contrive evidence just to gain access to military helicopters rather than simply use standard police models? Official ego seems the likely reason. Military helicopters are much zoomier than their civilian counterparts and, according to Reavis's book, ATF supervisors wanted a huge, magnificent Blackhawk as their airborne "command platform"--though a standard police helicopter could have served just as well.

The New Republic 9/27/99 Gregg Easterbrook "…. Imagine what the Davidians, known to share the far right's peculiar dread of government helicopters, must have thought when they saw a Blackhawk approaching. The silhouettes of military helicopters are distinctive and easily recognizable, particularly to weapons buffs such as the Davidians. The cult members would have known that military helicopters such as the Blackhawk can mount machine guns, rockets, and similar weapons never found on police helicopters--the stuff of war, not of Fourth Amendment searches….. To the Davidians--indeed, to anyone--the appearance of a frontline combat helicopter would suggest an attack, not an orderly search. The arrival of the military helicopters seems to be what transformed Waco from a case of overzealousness into a tragedy. Until that point in the operation, neither the ATF agents nor the Davidians had pulled the trigger. It was only when military helicopters appeared in the sky behind the compound building, some evidence suggests, that the firing began. …"

The New Republic 9/27/99 Gregg Easterbrook "….. But the FBI insists that the Delta units never actually did anything. The military helicopters, on the other hand, were in the sky and may have led to grave harm. Details such as these increasingly suggest that Middle America has cause to remain fixated on Waco. First, the ATF staged a paramilitary raid when it might have conducted a standard search, as regular police had done. The best explanation for the initial ATF plan is incompetence; the range of possibilities goes downhill from there. Regarding the competence point: If a commando assault really was necessary, the raiders should not have appeared in mid-morning, but just before dawn, when the targets would be asleep; most successful commando actions occur during the predawn hours….. When the shooting began, two of the three helicopters immediately bolted for cover--the higher-ups running from their own plan, leaving their subordinates behind to die…."

The New Republic 9/27/99 Gregg Easterbrook "…. Then the FBI took over and, 51 days later, staged a second assault. Attorney General Janet Reno justified this action--as opposed to just waiting things out, since the Davidians weren't exactly going to escape--on the grounds that there were reports that child abuse was occurring in the compound. Later, the Justice Department itself concluded there had never been any such reports. So either Reno lied or the FBI lied to her: those are the alternatives. Reno also said the FBI had to act because agents on the scene were getting tired. So the government had Blackhawk helicopters on call but no idea where to obtain sleeping bags. …"

The New Republic 9/27/99 Gregg Easterbrook "…. Given the incoherence of Reno's explanations for the second assault, it is hard to fault the oft-heard supposition that the event was an attempt by federal units--which were by then equipped with overwhelming force, including armored assault vehicles on loan from the U.S. Army--to deal the Davidians some revenge for the four agents' deaths. The General Accounting Office reported last week that, before the second assault, the FBI obtained from the Army 250 high-explosive 40 mm rounds of the type fired from infantry grenade launchers. That many explosive shells would have been sufficient to blow the cult's compound to smithereens; firing even one could easily have killed bystanders, including the Davidian children inside the compound. It is hard to imagine what valid law enforcement purpose the FBI, supposedly managing a hostage situation (the children), could have had in mind for 250 high-explosive projectiles designed to cause general destruction….."

The New Republic 9/27/99 Gregg Easterbrook "…. The FBI says there was no vengeance motive, but, with regard to Waco, its credibility is not exactly impeccable right now. For instance, as the Los Angeles Times reported, Richard Rogers, the FBI official who ordered the use of pyrotechnic tear gas at Waco, was sitting behind then-FBI Director William Sessions as he testified to Congress that no such gas had been used. But use of the military gas canisters, which may only have been a tactical misjudgment, is minor compared to the overall plan of the second assault, which was to flood the compound with tear gas. Tear gas doesn't just produce tears; it causes choking and convulsions. It is far more dangerous to children, whose lungs are sensitive, than to adults; to children, it causes agony. And there was the FBI's armored vehicle, pumping tear gas for six hours into a compound full of children….."

The New Republic 9/27/99 Gregg Easterbrook "…. The revival of Waco as a national concern reflects poorly on the ATF, the FBI, and Reno, who by this point seems to have spent her entire tenure in the Clinton administration apologizing for one embarrassment or another……. The revival of concern about Waco also reflects poorly on the media establishment. Though the flames at Waco were prominent in every medium, the outrage quotient was low--running through the coverage was the sentiment, "They were a religious cult; they got what they asked for." It is true that the Davidians were extremely strange, and, by the end, some became killers. But being strange doesn't mean you deserve to die, and, as a group, the Davidians had done others no harm until the government arrived and started bungling. The fact that the Davidians were strange in a religious way added to the media's inclination to dismiss this tragedy. As Reavis wrote, "The job of finding out what happened ... ultimately fell to people outside the media's salaried circles, to scholars, defense attorneys, survivors, and self-financed independent scholars." In the end, only the nut cohort cared about the dead of Waco, and now the nuts are revealed to have been right about something important. …."

The New Republic 9/27/99 Gregg Easterbrook "…. Part of President Clinton's legacy must be that the fiasco at Waco, followed by the FBI's lies and the Justice Department's studied lack of interest in getting to the truth of the matter, gave Americans a reason to distrust the competence and honesty of government, which is bad in general and particularly terrible for political liberalism. ….. "

Accuracy In Media - Media Monitor 9/17/99 Reed Irvine Cliff Kincaid "….The attack on Waco was not necessarily illegal under federal law, and the use of Army troops in the final assault may not have been illegal, either. On the use of the Army, attorney Alan Woll says, "There would have to be a presidential finding under a statute or under the Constitution that he was authorized to deploy the military troops in this law enforcement activity and he was going ahead and exercising that power." Would that have to be public? "Not to my knowledge," he says. Attorney Woll is the co-author of a memorandum on the use of presidential powers to use the U.S. Armed Forces. It declares that the limitations imposed by the Posse Comitatus Act and related statutes are no significant check to presidential powers to use the armed forces to take such measures as the president considers necessary for the public good. His memo cites a statute, known as the insurrection act, which expressly allows the president to use the military to put down domestic disturbances, whether state or local authorities want federal help or not. This law is found in Title 10 U.S. Code at Sections 331, 332, and 333. ….. This explains why there has been so much media interest in the issue of whether the president made a finding or signed a waiver that authorized Army involvement. White House press secretary Joe Lockhart has said, "...the president did not -- was not asked to sign a waiver, nor were we aware of any activity that would have required a waiver." However, immediately after the Waco tragedy occurred, Clinton seemed to personally acknowledge that he sought the military’s help in preparing the final assault. At a news conference, Clinton said that he asked whether the military had been "consulted" in the decision. Clinton himself described Waco as "not a typical law enforcement situation" and that "Military people were then brought in" to help "analyze the situation..." …"

CNN Inside Politics 9/17/99 Novak ".....WOODRUFF: It will be. And last but not least, and quickly, we understand some Republicans are not very happy about the appointment of former Senator John Danforth in the Waco investigation? NOVAK: Well they liked Danforth when he was appointed. They are furious with his first act, which is naming the U.S. Attorney for the eastern district of Missouri in St. Louis, Mr. Edward Dowd, as his deputy in chief investigator. Dowd was not only a Clinton employee, he was a very harsh gun-control man in the state of Missouri, fighting against the concealed weapon referendum, which last year was just narrowly defeated. So they think this is really a bad move on Danforth's part, putting in a partisan Democrat from the Justice Department as his deputy, and they think it's a bad omen. We'll see......."

worldnetdaily.com 9/17/99 Sarah McCarthy "....The Davidians had undergone an assault that began on Feb. 28, 1993, with the ATF shooting of their Alaskan Malamute, Fawn, and her four pups in a pen outside the compound. Shooting dogs is apparently a pet tactic of the ATF who did the same at Ruby Ridge, killing Randy Weaver's Golden Retriever. Though someone in the initial Waco assault was trigger-happy, it is still unclear whether the shooting was started by the Davidians or the ATF. The steel door through which the initial shots were fired survived the fire, but is now missing. One of the Davidians, Wayne Martin, a black Harvard law graduate can be heard in "Rules of Engagement" calling 911 from inside the compound begging for help. "They're shooting, they're shooting!" he yelled. "We're under fire! There are women and children in here! Tell them to call it off! I have a right to defend myself!" he yelled as the sounds of gunfire popped on the 911 tape. Alas, though the ATF had brought fax machines and their public relations office had notified reporters of the upcoming raid that they referred to as "Showtime," they had brought no fire trucks, ambulances, phones or radios! The 911 operator sounded desperate. Though he could hear gunfire, he was unable to get through. Even an arrest by constituted officers of the law can be legally resisted if the arresting officers use excessive force. A jury in San Antonio ruled that the four dead ATF agents were killed by the Davidians, who had lost six of their own that day, in self-defense..."

worldnetdaily.com 9/17/99 Sarah McCarthy "....Though no good reason has ever been given for the huge show of force in the initial ATF raid, other than that it was a massive publicity stunt to offset the ATF's growing reputation as a rogue agency a few weeks before their appropriations hearing, Henry Ruth, one of three independent reviewers of the Treasury Department's Report on Waco, said, "part of the ATF's motive, never stated but definitely there, was to enforce the morals of society; to enforce the psyche of right-thinking by retaliating against these odd people." ...."

worldnetdaily.com 9/17/99 Sarah McCarthy ".... The government went to Waco, armed not with not a conspiracy, but with an attitude and a set of beliefs that, after the ATF agents were killed, hardened into a mission of revenge. Though the Hostage Rescue Team was there, and there were at least 25 children inside, rescuing hostages was a strategy abandoned in favor of a military assault. "A negotiation strategy was abandoned in favor of a military mentality," said Alan Stone, "nor was there any third party brought in who could speak the same language as the Davidians. The attitude was to show them who's boss." When David Koresh's grandmother appeared at the standoff, telling agents she was sure she could bring him out, she was refused permission to speak with him. "I hope she has told him good-bye," one of the agents was overheard saying as she walked away....."

worldnetdaily.com 9/17/99 Sarah McCarthy "....Though it's still not clear who started the final fire, it's obvious to anyone who sees "Rules Of Engagement" that the FBI engaged in extensive psychological warfare and had fire on its mind. At night, the Davidians were harassed with Nancy Sinatra singing, "You keep thinking that you'll never get burned. Well, I just got me a brand new box of matches, and what I got you ain't got time to learn. These boots are made for walkin', and that's just what they'll do. One of these days these boots will walk all over you." An FBI negotiator asked the Davidians if they had any fire extinguishers inside the house. The answer came back that there was one. "Somebody just better buy some fire insurance," said the negotiator. ..."

worldnetdaily.com 9/17/99 Sarah McCarthy "...."Rules of Engagement" shows a clueless Reno testifying before Congress that the tanks knocking over the walls at Waco were unarmed, and just "pieces of equipment similar to a good rent-a-car," she said. "Tanks going into a building were like rent-a-cars?" asked an incredulous congressman. More recently, we learn that the Justice Department held back from Congress the 49th page of an FBI report saying they had used pyrotechnic devices at Waco, and hid the probability that the Delta force was active in the shootout at Waco...Alan Stone says one "of the most inadequate parts of the Justice Department's report is their failure to describe the decision-making process at the Command Post. I think that is unpardonable. There is nothing in the investigation of what was going on in Washington where they had a situation room constantly in touch with Waco. High officials of the FBI and Clinton administration were making the decisions. What were the communications? What were the decisions?" ...."

AP 9/16/99 "… The Fifth Circuit Court of Appeals has denied a motion to recuse a federal judge from a trial brought by survivors of Branch Davidians who have sued the government for wrongful death. Plaintiffs attorneys tried to have U.S. District Judge Walter Smith removed from the case, arguing he is biased. In 1994, Smith sentenced eight Branch Davidians to prison for various charges, including weapons violations and voluntary manslaughter. …"

9/15/99 Susan Parrott AP writer "....A judge on Wednesday delayed the trial of a wrongful death lawsuit brought by surviving Branch Davidians against the government, saying more time is needed for federal officials to produce the evidence he demanded. U.S. District Judge Walter Smith, who has battled the Justice Department over the scope of his demand, acknowledged that the department intends to comply with his order to turn over documents and evidence related to the 1993 Waco siege and its fiery end..... Smith has yet to set a new court date. He said the government's request for a fall 2000 date was ``unrealistic'' and he will not postpone the trial for a year..... A lawyer for the plaintiffs, Jim Brannon of Houston, called Smith's decision ``wonderful news.'' ``That allows us more time to dig for the evidence we need,'' Brannon said. And, with congressional and independent inquiries under way in Washington, ``we can possibly take advantage of some of that now.'' ..... In delaying the case, Smith apparently took into account the far-reaching nature of his Aug. 9 order demanding that all federal agencies turn over any Waco-related documents or items to his court. That order prompted a skirmish with Justice officials, who contended Smith was overstepping his authority and that the request would ``impose an unwarranted and substantial burden on the federal government.'' ..... Smith on Sept. 2 ordered the government to surrender all evidence by Oct. 1 or face a contempt of court citation. In Wednesday's order, Smith also warned the plaintiffs that although he is moving the evidence to a central location, they ``will not be granted blanket access to these materials'' without making proper discovery requests...... Brannon said he and Michael Caddell, another lawyer representing plaintiffs in the civil lawsuit, have yet to gain access to evidence held by the Texas Rangers or items in possession of other agencies. ``Now that this has happened, you can bet we are both going to be filing quick to look at that evidence,'' he said....."

Jewish World Review 9/15/99 Marianne M Jennings "....http://www.jewishworldreview.com -- THEY APPEAR ON PICK-UP TRUCKS that never have seen better days, the "REMEMBER WACO" and "MRS. RANDY WEAVER: UNARMED AND DEAD" bumper stickers..... And, the pick-up crowd is batting nearly a thousand with their grassy knoll theories...... Setting aside the FBI's bad judgment equaled only by Hugh Grant's with the lovely and cooperative Divine Brown, Mr. Danforth will find that government agents have suppressed the truth for six years while Louis Freeh and Janet Reno continued a mutual admiration society for the sincere but oblivious. The Waco Wackos were right, but ignored. Liberals in charge will take the promises of 11 convicted, violent Puerto Rican thugs as grounds for clemency in three weeks, but dismiss six years of questions from the G-d-fearing humble....."

FRONTline 9/14/99 John Culbertson "....It was well over a year ago, I was in the private office of Rep. Jim Traficant as we watched the Bureau of Alcohol, Tobacco and Firearms (BATF) "Home Video" taken at the February 28, 1993 raid on the Branch Davidian Compound near Waco, Texas. After watching the video taken during the preparations for the raid and from the Helicopters that were used by the BATF in that failed operation, that old familiar and unmistakable voice boomed forth "If it wasn't for Waco, there wouldn't have been an Oklahoma City." The voice that came forth from the former sheriff was one of anger yet drenched with anguish and unbelief at what he had just witnessed. Here were agents of the federal government sworn to uphold the law and protect the innocent and most of all protect those who could not protect themselves, preparing to do battle with an enemy that had largely been invented as a justification to play soldier against an enemy that included the elderly and children. ...."

FRONTline 9/14/99 John Culbertson "....The carefree and cavalier attitude shown by those preparing at the Belle Meade Civic Center mixed with images of civilian law enforcement agents donning gillie suits (military style sniper camouflage), bomb technician suits fresh out of the box and the large cache of video tape ready to capture the days events for publicity purposes (much of which would mysteriously disappear) all provided clues to the real motive of this mission: Appropriations and glory. The BATF had lost sight of the true law enforcement mission and had lost it's moral compass...."

FRONTline 9/14/99 John Culbertson "....The video of the helicopters is equally troubling, the BATF agents we are told, were there to fly as observers and air controllers were armed with AR-15's as well as their normal sidearm, the presence of long guns would be denied later but video especially their own just doesn't lie. The picture then cuts to the trip to the compound and the fly overs, as the compound is flown over there is a suspicious pop, pop, pop in the sound track that sound suspiciously like gun fire. Now inside the cabin of a UH-60 Blackhawk, one of the loudest helicopters ever invented by US Army Aviation, if you can here it, it has to from the aircraft. This rules out groundfire, the sources have been narrowed down to two possible scenarios: one is that a strap has come loose and is banging against the helicopter in the rotor wash, a distinct possibility according to UH-60 pilots. The second is that agents inside the UH-60 are firing weapons at the compound. I would almost be willing to go with the first explanation but a curious development in the video raises the question of gunfire further....."

FRONTline 9/14/99 John Culbertson "....After the passes over the compound, the helicopters land in a nearby field to assess damage from gunfire. The object of attention in the video is one of the OH-58C Kiowa helicopters, the agents are reviewing the "damage" from "hits" they have taken. While some of the hits in the video are no doubt from the ground there are two curious hits on the OH-58C. Both of these hits a large holes through the bulkhead directly behind the cabin area, the holes are impressive but there are two things the casual observer notices. One is that both bullet holes are directly behind access doors, the first being a spring loaded access panel/hand hold on the exterior of the helicopter. The door is obviously spring loaded and normally closed as can be seen in the video, yet it does not exhibit even a scratch from a bullet, that would have had to have passed through it to make the hole behind it. PHOTOGRAPHIC IMAGES AVAILABLE AT http://fps1999.webjump.com The other hole is in the cabin bulkhead and directly behind an access panel that is normally closed and locked down. This is another large hole that stops at the bulkhead and yet the access panel door is undamaged, not even a dent...."

FRONTline 9/14/99 John Culbertson "....The second noticeable thing about the holes is that they are not symmetrical, that is they are not round, but rather rectangular in shape with squared off corners. This is not characteristic of a bullet hole through aluminum which is by its very nature soft and will produce a somewhat rounded whole when struck by a round projectile although it may have somewhat of a star pattern as the aluminum tears when penetrated. The suspect holes do not match other bullet holes on the aircraft. This raises the question as to whether or not the "hits" in question could have been produced by tooling the aluminum on the ground....."

FRONTline 9/14/99 John Culbertson "....The conduct of the federal government in the current conversation on Waco may well determine if yet another Oklahoma City is in the offing. There is another Timothy McVeigh out there, as well as another Terry Nichols and Michael Fortier. There are still financiers out there willing to invest in anarchy, and there are others maybe even the same people who assisted McVeigh who are willing to do it again....."

FRONTline 9/14/99 John Culbertson "....If we continue with the same type of head in the sand and narrow focus investigations that we have seen in the past, we will have another Murrah type event, possible even worse. If politicians continue to play the Flash Bang Game, we will have another catastrophe. What is the Flash Bang Game? The Flash Bang Game is the favorite game on Capitol Hill. During the Waco hearings in 1995 then Rep. Charles Schumer lambasted anyone who called a flash bang grenade a "grenade" an explosive device or dangerous. In spite of the fact that the federal government considers these devices dangerous, and considers them explosive devices, and despite the fact that they are designed to explode and incapacitate persons he characterized anybody that insisted these devices were dangerous to be "lying through their teeth." ..... Now Henry Waxman is playing the Flash bang game. He is insisting that Congress had the information about the pyrotechnic devices used on April 19, 1993 during the 1995 hearings. That may be so, but I have two questions: Were these documents part of the 100,000 documents finally delivered to Congressional investigators by the Department of Justice three days before the hearings began? And assuming that the role of hearings is to arrive at the truth and discover all of the facts on behalf of the American people, Where were you in 1995 with this information Rep. Waxman? After all you had access to the same evidence as everyone else...."

FRONTline 9/14/99 John Culbertson "....in 1994 as reported by FRONTLINE (June 22, 1999 Volume 1 Issue 9) the PBS [Public Building Service] knew that there was a problem with low staffing levels, they chose to ignore common sense and continued to deplete the numbers of Federal Police Officers. What resulted was 169 deaths in Oklahoma City and a wonderful statement by PBS as to how well they responded to the incident. They don't like to talk about ignoring the warning they received regarding possible trouble on April 19, 1995. They do like to tell Federal Police officers that they will do what they want regardless of what Congress tells them to do, they like to brag about intimidating and or bribing Congressmen....."

The Weekly Standard 9/20/99 David Frum "....What the Clinton administration is now ready to entertain are questions about the conduct of the FBI. What it is eager to shut off are questions about the conduct of the Department of Justice.......One of the ugly features of life in the Clinton years has been the spread of dark, mad suspicions and rumors across the American landscape: Vince Foster, TWA 800, Ron Brown, and so on. Conspiracy theories have always been with us, but in the shadows cast by the organized lying of the Clinton years, they have sprouted and grown. Nothing can dispel the shadows except truth told in public......The truth that's needed has to do with Janet Reno's Department of Justice (if it is Janet Reno's) and the senior leadership of the FBI. It's a truth that needs not just to be told, but to be aired. And (for better or worse) Congress is the nation's preeminent platform for airing. ...... But when 80 people die because a gullible attorney general is manipulated by her subordinates, and when evidence appears that this same gullible attorney general has continued to be deceived for years, that is a problem that no expert can fix. At least one of the people entrusted with America's police forces has proved unworthy of that trust, and ultimately the job of figuring out who that person is belongs not to an outside commissioner, no matter how distinguished, but to the electors, and thus the representatives who speak for them…."

CBN News 9/15/93 Pat Robertson Transcript "….P. ROBERTSON: Well, joining us now by satellite is Michael McNulty. He's the investigative researcher for the soon-to-be released documentary, "Waco: A New Revelation." His previous documentary "Waco: Rules of Engagement," was nominated for an Academy Award. Mr. McNulty comes to us from Ft. Collins, Colorado……. P. ROBERTSON: We have a clip from your documentary that says people were firing into the Branch Davidian compound. Are you sure that the shapes there are actually human beings firing rifles? McNULTY: Well, Pat, we've looked at this very carefully, the whole team at MGA Films, and that would include people like Dr. Edward Allard and a number of other FLIR experts, and the evidence is very compelling that the shapes that we're seeing there are, indeed, human beings. You have to remember, the vehicle that they're coming out of was a Desert Storm vehicle that had been air conditioned. And the FLIR tape itself measures temperatures. And the individuals coming out of that vehicle came out of an air-conditioned environment into a much warmer environment. So in the concept of FLIR, they would show up as dark oblong objects. Now in FLIR, you can't see details of faces and noses and the like, but you will see the general shapes. And you do in this footage. Now as those bodies warm up and gain the temperature of the surrounding soil, an amazing thing happens. They disappear, because insofar as the thermal imaging equipment is concerned, they are the same temperature, which is what it's measuring, as the soil around them and the rubble and debris. However, when their guns fire, the muzzle flashes are very distinctive, as you can see in that footage. And those muzzle flashes repeat cyclically as an automatic weapon would fire, as a matter of fact. They fire or they appear on the image at the same rate as does the rate of a gun fire of about 600 rounds per minute…….. McNULTY: …I think the key here is all the significance that is attached to those two projectiles is the fact that it verifies that the government has lied for six years about the existence of the use of pyrotechnic rounds. Now there are some other rounds that were used. We're in the process of conducting an examination of these rounds. Dr. Frederick Whitehurst leads our investigative team and he is a very well-known scientist in the areas of explosive residue and residues that would associated with these projectiles. So we can determine by back engineering exactly what the function of these projectiles were. Now these two projectiles were also found in the evidence locker by myself and my colleagues in our first visit to the Austin evidence locker. We found these projectiles and took residue samples under the supervision of the Texas Rangers, and those samples again are being tested. So we're not quite prepared to tell you exactly what they were. There are indications in the evidence--and some compelling evidence I might add--that indicates that these projectiles passed through the building. They had a submunition inside of these projectiles. The projectiles themselves were designed to penetrate doors, walls and windows and they appeared to have done just that and expelled their submunition on the interior of the building…….. McNULTY: Well, sir, the fact is that there's footage that was taken by the Department of Public Safety, as well as the FBI, and some still photos and a number of documents that will appear in our new film that have been confirmed by virtue of eyewitnesses who have looked at this material and confirmed that indeed, these individuals that are seen in this footage are members of the vaunted Delta Force…… And indeed, we have gotten confirmations, multiple sources, several of which appear in the new film, "Waco: A New Revelation," as confirming that indeed these individuals are members of Delta Force. They're fully armed. And in the infrared video, we suspect that, indeed and have been told that the individuals firing the weapons in the infrared video are a mixed group of hostage rescue team members and Delta Force…….. "

 

The Dallas Morning News 9/15/99 David Jackson Lee Hancock "….FBI officials have long insisted that their agents did not fire a single shot during the 51-day standoff. But officials with the House Committee on Government Reform say that forensic tests on the FBI's arsenal at Waco may be needed to determine whether any FBI weapons discharged any of the unidentified rifle shell casings recovered after the standoff. "We need to get to the bottom of this and determine exactly where those bullets came from. If that means conducting ballistics tests, that's something we'll consider," said committee spokesman Mark Corallo…… The shell casings were among the Branch Davidian evidence cataloged in a report submitted to Congress last week by the Texas Rangers……. A House committee investigator was sent to Austin this week to review evidence in the report. Committee staffers who spoke on condition of anonymity said the investigator was expected to discuss having ballistics tests performed by the Rangers or their parent agency, the Texas Department of Public Safety…… "

The Dallas Morning News 9/15/99 David Jackson Lee Hancock "….A May 1993 report from a Ranger who led the search of the house indicated that an FBI hostage rescue team member turned over 11 of the .308 caliber shells and all 24 .223 shell casings to the Rangers on the day after the compound burned. The report stated that the agent and his FBI colleagues "took custody" of the casings during the siege. Three days later, Rangers searched the house themselves and found two additional shell casings, including one .308 shell stuck under a closet door and another shell of unspecified caliber buried in sand from sandbags, the May 1993 Ranger's report indicated. But the Ranger, Sgt. Ronny Griffith, testified in 1994 that he could not determine where any of the shell casings came from. Asked whether the casings all came from ATF weapons, he responded, "I don't know for sure."…."

The Dallas Morning News 9/15/99 David Jackson Lee Hancock "…. A report from an FBI interview in June 1993 also indicated that one FBI agent deployed in Waco, Charles M. Riley, reported hearing shots fired from the house April 19. "SA Riley related he heard shots fired from sniper position one," the FBI report stated. Three years later, after the issue of FBI gunfire at Waco was raised in a massive wrongful death lawsuit filed by Branch Davidians against the federal government, FBI officials re-interviewed the agent and reported that he had heard no gunfire from any FBI position…..A 1996 FBI document recounting that interview said that the agent, stationed nearby, had heard another FBI agent stationed in the house broadcast a warning that shots were being fired from the Davidian compound. "SA Riley immediately reported that he never heard any shots fired from any sniper position, never reported having heard shots from any sniper position and was not aware of any shots fired by the Federal Bureau of Investigation," the 1996 document stated….…. The issue remains a cornerstone of the pending wrongful death lawsuit filed by surviving Davidians and families of dead sect members. It is particularly sensitive because the agent who led the sniper team stationed in the house was Lon Horiuchi, the FBI sniper who fatally shot the wife of a white separatist during the federal standoff at Ruby Ridge, Idaho, in late 1992. Mr. Horiuchi has denied firing any shots in Waco, but a federal judge presiding over the Branch Davidian lawsuit recently refused to drop him as a defendant in the case….."

The Dallas Morning News 9/15/99 David Jackson Lee Hancock "…. The Rangers' report to Congress indicated that their ongoing effort to locate and identify sensitive Davidian evidence had been slowed by a lack of crime scene photographs. Texas Department of Public Safety photographers were assigned to document the recovery of evidence at the Davidian compound. But all of their film and field notes were taken by the FBI during the initial 1993 criminal investigation. DPS officials said the FBI only returned some of those photos. Texas officials said the Rangers formally asked the FBI several weeks ago to return all of the DPS photographic evidence from Waco. FBI officials agreed late Tuesday afternoon to send the all DPS negatives to Texas. But officials in Washington and Austin said that came only after U.S. District Judge Walter Smith sent a written order to Washington earlier in the day. "A court authorized us today to return the negatives to the Texas Rangers, and we are doing so," said FBI spokesman John Collingwood….."

The Dallas Morning News 9/15/99 David Jackson Lee Hancock "…. Rep. Dan Burton, R-Ind., the chairman of the House Government Reform Committee, praised the Rangers in a written statement, saying their report "raises new concerns that require further investigation by Congress." Mr. Burton and his aides also complained about what they called foot-dragging by the Justice Department in response to document requests. His committee wants to interview Justice Department civil lawyers involved in the wrongful death suit filed by the Davidians. Burton staffers said better cooperation will help them wrap up the inquiry quickly. "The time has long passed for the attorney general to give her full cooperation to the Congress," Mr. Burton said. Justice Department spokesman Myron Marlin said the department is weighing a response to Mr. Burton's request…."

NewsMax.com 9/16/99 "….Last Friday, Tarrant County, Texas medical examiner Nizam Peerwani told the Waco Tribune-Herald that it may be time to "reevaluate" some of the autopsies he performed on 23 Branch Davidians who were gunned down during the 51-day seige at Mt. Carmel. When it comes to the need to reevaluate autopsies, Inside Cover has learned that Dr. Peerwani knows whereof he speaks. Findings from Peerwani's Waco examinations were used by the Clinton administration to bolster government claims that Mt. Carmel residents were shot at close range -- inside the compound by fellow Davidians -- and not by FBI sharpshooters posted outside. The administration, along with its mainstream press cohorts, has staunchly maintained for six years that no government agent fired into the Branch Davidian compound on the final day of the Waco siege. It's too early to say whether Peerwani bungled the Waco autopsies. But in the 1998 death of Tarrant County teen James "J.R." Robinson, the highly paid coroner completely overlooked clear evidence of homicide. After the 14-year-old disappeared for six days last December, his body turned up in an icy Ft. Worth, Texas creek. Peerwani found no signs of trauma and issued a preliminary finding of "cardiorespiratory arrest", according to a June 7, 1999 Associated Press report. But three days later, when Robinson was being embalmed at Rev's Funeral Parlor, owner Charles Williams was shocked at the condition of the body. "This was no accident or heart attack," Williams said. "During the embalming process. ...all of these bruises and injuries surfaced on this child. This was definitely a homicide. No question about it." In February, Peerwani took a second look at the Robinson case. His revised verdict? Death by blunt force trauma to the head. Days later, Raymond Krote and Demon Hobbs, both 17, were charged with killing Robinson…… At least one of Peerwani's Branch Davidian autopsies has been challenged by British pathologists, who reexamined the body of Mt. Carmel resident Winston Blake. The second autospy failed to reveal the powder burns Peerwani said he found near Blake's gunshot wound….. A reliable source tells Inside Cover that Dr. Peerwani has been a Clinton White House invitee. …."

 

http://www.worldnetdaily.com/bluesky_metaksa/19990916_xctme_covering_u.shtml 9/16/99 Tanya Metaksa "…How much more can Reno's Department of Justice (DOJ) get away with until the American people scream, "Stop, we've had enough lies, half-truths, and cover-ups?" Yesterday's news about the "recusing" of Assistant U.S. Attorney Bill Johnston of Waco should trouble anyone who believes in a government of laws. …. What frightens me is that the American public, instead of being angry with government officials who lie, cheat, and are responsible for killing innocent people, has become "fatigued" by Clinton. We appear to be saying that after six years of his leadership we have had enough. Have we become so tired of the ever-increasing lack of morality, decency and ability to obey the law among the Clinton gang that we are ready to treat them like an old shoe or last year's dress that you pitch when the styles change, rather than admit the seriousness of this administration's crimes? The stalwart defenders of Clinton and Reno such as Congressman Henry Waxman, the ranking minority member on the House Government reform committee, are ready once again to sabotage any new congressional investigations into DOJ lies and cover-ups regarding the Waco siege. They will attempt to insert extreme partisanship into the proceedings as they did in the 1995 congressional hearings. When Chairman Burton announced that his hearings into the Waco siege would be expanded as a result of a missing page in the FBI lab report sent to Congress in 1995, Waxman attempted to shift the blame…… The point of these investigations -- the DOJ-Danforth investigation and the congressional hearings -- is to enlighten the American people as to why the U.S. government assaulted innocent men, women, and children in their home, and then spent years along with millions of taxpayer dollars to cover up what really happened…… the entire record of the Clinton administration's criminal activities, when written, will span volumes….. The stench of corruption and malfeasance is strongest at the Department of Justice, where Attorney General Reno has served Bill Clinton splendidly for over six years. Unfortunately the rest of the American people have been ill served. She has worked diligently to bend the law to keep President Clinton and his crooked associates from being investigated and prosecuted. Janet Reno's six years of twisting the American legal system includes justifying the murder of innocent women and children in order to spare them from abuse at Waco; delaying the appointment of an independent counsel in the case of the Whitewater scandal; impeding the investigation of the Paula Jones litigation by having Justice Department lawyers defend Clinton's plea of immunity that was rejected unanimously by the Supreme Court; and turning a blind eye and deaf ear to the outrageous violations of the campaign laws. The list is endless when it comes to Clinton, the Department of Justice and Janet Reno. She has made it her solemn duty to uphold and protect not the laws of the United States, but the man in the Oval Office. …."

AP 9/16/99 "….A former undercover federal agent who infiltrated the Branch Davidian sect in 1993 says he contemplated suicide after fellow officers tried to blame him for the botched raid in Waco. ``I put the gun in my forehead, in my mouth, and I just wanted to so bad, but I couldn't,'' former agent Robert Rodriguez told KSAT-TV in an interview aired Wednesday night. Rodriguez, now retired from the U.S. Bureau of Alcohol, Tobacco and Firearms, described the agency's Feb. 28, 1993, fire fight with the Davidians and the tragedy that ensued…… Rodriguez has testified in court and before Congress that he warned fellow ATF agents that they had lost the element of surprise with their raid against sect leader David Koresh and his followers. ….. Rodriguez had been assigned to infiltrate the sect. He became acquainted with Koresh and others at Mount Carmel, the compound near Waco where the Branch Davidians lived. The sect was under investigation for alleged firearms violations, agents said. When Rodriguez entered the place hours before the scheduled raid, he found Koresh had been tipped off to the operation. But his supervising officers proceeded with the raid, then later alleged Rodriguez hadn't given sufficient warning that the element of surprise was lost. Rodriguez recalled being devastated by their accusations, to the point of considering suicide. ``They were all lying,'' he said. ``It put a lot of guilt on me. I felt responsible for a very long time for the murder, for the deaths, of these agents.'' …."

Associated Press 9/19/99 "….A libertarian talk show host led a convoy of volunteers with shovels and pickaxes to Waco on Sunday to initiate the rebuilding of the Branch Davidians' compound church….. Austin talk show host Alex Jones, 25, said Sunday he wants to rebuild the church as a memorial and to increase publicity about the FBI's possible role in the fire. ``This is about saying the witch hunt of 1993 is over,'' Jones said as he and about 60 people who accompanied him to the fenced-off hillside began digging foundations for a 38-by-40 frame church….. ``All of it - it's all about public opinion. We know that now is the perfect time, that's why we're doing it,'' Jones said. The project is expected to take two to three months. …."

WLS AM890 Chicago Talk Radio 9/19/99 David Schipper Freeper Sara Dorian "….In a multi-guest panel on Chicago WLS AM890 talk radio this evening, all guests agressively besmirch the President, the Democrats, most Republicans, and the Justice Department regarding Waco and the ensuing Danforth re-investigation. Paraphrasing...
Schippers: This new investigation of Waco will amount to nothing because Congress is now incapable of investigating anything. They are afraid of the polls, afraid of losing their seats, afraid of Clinton, afraid of the White House, afraid of themselves. The Justice Department is completely politicized and that is very dangerous for America...
Host: something about who was in charge of the Waco debacle...
Schippers: I am convinced that in the early months of the Clinton administration, and all throughout the Waco events, Webster Hubbell [sp] was 100% in control of Justice and himself and the White House were calling ALL the shots...
Host: that's a powerful statement... "

 

Star-Telegram Karen Brooks 9/18/99 Colo "…


They were three old high school buddies -- aspiring filmmakers with a willing investor and the goal of making a compelling movie. Their documentary, they decided, would challenge the conspiracy theories surrounding the government's 1993 standoff with the Branch Davidian sect near Waco. ….. As they researched their soon-to-be-released documentary, Waco: A New Revelation, they became lightning rods for the public uproar over the government's handling of the siege, which ended April 19, 1993, with a fire that consumed the sect's compound….The film builds on assertions in the first documentary and responds to critics of the contention that the government misled the public in its characterization of the events…... "We've got a film that's going to answer questions that you don't even know you should be asking," said Van Vleet's father, Rick Van Vleet, who owns the production company with his son……"

Star-Telegram Karen Brooks 9/18/99 Colo "… They have stacks of photographs, diagrams and documents and more than 400 hours of videotape -- crime scene footage from federal investigators, personal interviews and surveillance video. They read thousands of pages of testimony and reviewed 51 days of tapes of recorded negotiations between the Davidians and federal agents. They interviewed theologians, experts on explosives and infrared photography, witnesses, survivors, former federal employees, attorneys representing the Branch Davidians, and investigators from federal, state and local agencies…… "

Star-Telegram Karen Brooks 9/18/99 Colo "…McNulty alleges that at least six pyrotechnic "flash-bang" devices were mislabeled as silencers and gun parts. ……. The Van Vleets allowed a reporter to view film footage on the condition that only approved portions could be publicized. The movie asserts that: * Delta Force members fired on the Davidians during the blaze from concealed positions behind armored vehicles, out of reporters' sight. Infrared film from a surveillance aircraft shows figures on the ground behind the Bradley fighting vehicles punctuated by quick, bright flashes that an analyst contends are gunfire…….. * The FBI may have engaged in gunfights and used at least six Defense Technologies flash-bang devices -- which spew flames, smoke and heat -- inside the compound in the seconds before the fire broke out. According to evidence that Van Vleet and McNulty found in the Rangers' evidence locker, three of those were found at or near the places that officials said the fires started……"

Star-Telegram Karen Brooks 9/18/99 Colo "…But much of what Van Vleet and McNulty found didn't make the final cut because "we didn't put anything in the movie that we couldn't confirm two, three, four times," Van Vleet said. ….. But they are withholding some details until they hold a premiere, which they hope will be in Washington. They plan to invite Attorney General Janet Reno and John Danforth, a Republican and former senator appointed by Reno as an independent investigator. The reason? "We don't want to give any of them a chance to form their public positions before everyone sees it at the same time," said Johnson, 30, who is also the film's sound designer…….. "

Star-Telegram Karen Brooks 9/18/99 Colo "… When Jason Van Vleet heard about McNulty's Oscar nomination -- and realized that he was local -- he approached him for insights on projects for MGA's first film. He had not seen McNulty's documentary and was unfamiliar with the details of the Branch Davidian siege. A week later, he watched the movie and walked away a skeptic with an idea -- answer the unanswered, debunk the implausible and get to the bottom of what happened outside Waco…… Rick Van Vleet was intrigued. He had watched the standoff, trials and subsequent congressional hearings and thought, "The whole thing reeked," he said. He would bankroll the movie, he told his son and McNulty, but with a few stipulations. "I just want to know what happened," he told them. "I don't want any patriot myths. I don't want any B.S." He wound up funding most of the film's $1 million budget…… "

Star-Telegram Karen Brooks 9/18/99 Colo "…"I wasn't prepared to accept anything he had to say," the ponytailed Johnson said of McNulty. "I was against MGA doing the movie." But he worked on it because he was a professional who had studied filmmaking at Brigham Young University and completed a stint as art director for the Sundance Film Institute near Park City, Utah. And then he had an epiphany. "All along I continued to fight it -- until I saw the actual evidence, the footage, the testimony," Johnson said. "I was forced to admit that there was something very, very dark, very unjust, about the whole engine. Now I'm fully passionate about this project. Personally, I've yet to fully come to terms with it." …… "

Star-Telegram Karen Brooks 9/18/99 Colo "…McNulty, who has been needling the federal government for five years over the issue, disavows any extremist philosophies. Rick Van Vleet doesn't affiliate himself with any political party and says he has never voted in a primary election for that reason. None of the filmmakers claims to sympathize with Koresh's religious beliefs or practices, or even the way he and the others handled the siege. "We aren't anti-government," McNulty said. "We believe these agencies need to be here, and they need to be clean and honest and for one reason: They represent us."……. "

Star-Telegram Karen Brooks 9/18/99 Colo "…McNulty is a firearms and munitions expert who has given expert testimony in California trials and did three tours of duty as a Navy combat photographer in Vietnam. He also spent 11 years in public relations and worked on the campaigns of four California Democrats, most notably former Gov. Jerry Brown, during the 1970s…."

Star-Telegram Karen Brooks 9/18/99 Colo "…in analyzing the forward-looking infrared film, they went to Allard and Maurice Cox, a retired intelligence analyst who worked on military satellite operations. Their assertions have been disputed by other analysts who have said the flashes, which Allard says are at a speed of 600 per minute, could be Davidians' bullets ricocheting off the Bradley fighting vehicles. The FBI has said the flashes are light reflections -- an assertion that Allard and Cox dispute in the film. Cox employs geometry in the film to demonstrate their rebuttal: That the FLIR plane would have had to circle the compound at a speed of Mach 1.8 to capture reflections in the manner in which the flashes appear on the tape……. "

Freeper MindPrism 9/18/99 "….SNOW: Under Department of Justice guidelines, if you want to grant immunity to a witness, you have to go through the Justice Department. But you're investigating the Justice Department.
DANFORTH: Under the statute, is my understanding. Under the statute passed by Congress, that is the procedure. For anybody -- for any grant of immunity, even by Congress.
SNOW: So, will you have to go to the Department of Justice to immunize people who might testify against the Department of Justice or have you been given some assurance that if you want to immunize somebody you can do it?
DANFORTH: I have been given assurance that I can carry this investigation in whatever direction I see fit. And that is what I intend to do. I wouldn't have taken the job under any other basis. And if that is -- does not turn out to be true, you will know about it….."

Associated Press Writer Michelle Mittelstadt 9/18/99 "…. James B. Francis Jr. was busy raising money for George W. Bush's presidential campaign and overseeing the Texas Department of Public Safety when he gave the order this summer that reignited the Waco controversy. After inquiries from an independent filmmaker and a lawyer who had long challenged the government's version of events, Francis instructed the Texas Rangers in June to reopen the vaults that contained 12 tons of evidence gathered from the scorched remains of the Branch Davidian compound…… Though an ardent supporter of Texas Gov. Bush, Francis insists politics wasn't the motivation behind a decision he says "unleashed a series of forces that were apparently a lot bigger than what I recognized." "I never dreamed that it would turn into something like this," Francis said in an interview with The Associated Press…… Despite his GOP pedigree, Francis said he is "doing everything in my power to not politicize this" controversy. Bush has refrained from joining the chorus of GOP attacks on the Justice Department and Reno, although his chief of staff played a role in hooking up the activists that set Francis in motion. During a campaign swing through South Carolina last week, Bush praised Francis' role in raising questions about Waco while cautioning Texas officials to avoid direct involvement in the independent inquiry. "The problem is, since I'm running for president, it could politicize the investigation," Bush said……. "I think what happened to Jim Francis is he initially wanted to be very low-key and then as more and more revelations began to surface, he became angry and disgusted, as all of us are," Patterson said. "This was not a role that he sought." Francis voices no regrets. "It's important that the facts come out, whatever those are," he said. "I'm not a hero, but I have done the right thing." …."


Freeper GrandmaC on FoxNews Sunday 9/12/99 "….SNOW: Will you share information with congressional committees?
DANFORTH: You know, it's -- it's I think a mistake, as we proceed with an investigation, to come out with an inning-by-inning report of how it's going. And what I would like to do is to wait until the very end and issue a report and not have a running commentary between now and then.
SNOW: Well, I understand that. But if they have information you don't have, would you be willing to accept it or share it with them?
DANFORTH: Yes. And when I met with the members of Congress on, I guess, it was Thursday, the chairman and the ranking members of the relevant committees, I told them that if they had any thoughts about who -- the witnesses we should talk to, evidence we should look at, please let us know because we want to be comprehensive in doing this............

*****************

SNOW: Do you -- are you concerned that his investigation is likely to end up being simply a shield to prevent congressional committees which might be interested in a somewhat more hardball approach from going forward?
BURTON: Well, Brit, I have great confidence in Senator Danforth. He was very candid with me when he met with me last week at my office. So I think he'll do the best job possible and cooperate with Congress wherever he can.
The thing that concerns me is grand jury or 6(e) material. We have been blocked in our campaign finance investigation for three years by Janet Reno and the Justice Department from getting at the facts by them keeping cases open that should be closed, and they know that, so that we can't get at witnesses. And so I am concerned about grand jury or 6(e) material being kept from the Congress. I know it's required. But that does concern me.
HUME: He did say he'd be hesitant to convene a grand jury because of the very secrecy you describe. But did he say in his conversations with you that he'd be willing to share information with you and that he -- he sounded in this interview, we've just heard, as if he's going to withhold everything until there is a final report.
BURTON: Well, I think he's concerned about the politics of this. He wants to make sure that his investigation is nonpolitical. He's looking at whether or not there was a criminal activity, whether or not there was a cover-up.
See, we're going to be looking at more than that. We need to find out who's responsible. It may not be an illegal activity, but if it was incompetence, we don't want people in charge of things like Waco if they're not doing their job properly. So we're going to be taking a broader look at this in our investigation than I think Senator Danforth will.
SNOW: Mr. Burton, do you think for one moment that you're going to have a bipartisan consensus on this?
BURTON: Well, I've talked to a number of Democrats that feel very strongly about the tragedy at Waco.
HUME: On your committee?
BURTON: No. I have not talked to any of my committee. But I talked to others who are Democrats who feel very strongly about it. I have reached out to Henry Waxman, the ranking Democrat on the committee. And I've said publicly that we want to work with him to get at the facts. This should not be a partisan investigation.

AP 9/18/99 Michelle Mittelstadt "… The special counsel investigating the possibility of an official cover-up after the 1993 Branch Davidian siege has asked a Texas judge to delay lawyers' fact-finding in the civil lawsuit filed against the government by Davidian survivors and relatives of the dead. Former Sen. John Danforth asked a federal judge in Waco, Texas, to issue an order delaying for 30 days any discovery and witness interviews by government and plaintiffs' lawyers in the upcoming trial. He also requested permission to interview all witnesses first…… "

The Providence Journal 9/19/99 "….A few years ago, Atty. Gen. Janet Reno had appointed another highly respected Washington figure -- Judge Kenneth Starr …… Oh, well: Since the Clinton administration is laboring night and day to fix the blame for the Waco catastrophe on the FBI -- whatever the role of the Justice Department and the White House -- it is good to know that Senator Danforth has a roving commission to get at the truth, and answer these questions: Were people deliberately killed at Waco, and did the federal government conceal the truth about the siege and fire from congressional investigators? For good or ill, the siege of the Branch Davidian complex, and its tragic aftermath, damaged the public's faith in federal law enforcement and, not least, nourished conspiracy theorists and crackpot zealots…….


" Freeper comment "….Upwards of eighty men, women and children beseiged, shot at and burned to death by federal agents in the course of serving a warrant, and what really makes people mad is that it "nourished conspiracy theorists and crackpot zealots." …."

St. Louis Post-Dispatch 9/19/99 William Freivogel, Terry Ganey "….The nation already knows that there was some poor judgment. Officials of the FBI and Justice Department have acknowledged as much. The FBI has admitted that some of its tactics, like broadcasting loud noises, were ill-conceived. It has admitted that it did not have new evidence of child abuse at the time it used child-abuse allegations to persuade Attorney General Janet Reno to authorize the assault on the compound. And the FBI has belatedly admitted that it fired pyrotechnic tear gas at a bunker on the morning of the assault, even though Reno had denied for years that flammable tear gas was used.

Waco isn't just a city in west Texas any more. In the everyday conversation of the American people, that single word now stands for an episode in American history and a cloud that hangs over the way the government behaves toward its citizens. ….. "

St. Louis Post-Dispatch 9/19/99 William H. Freivogel and Terry Ganey "….Here are central questions about Waco and the state of public knowledge about each, based on information revealed during congressional hearings and on news accounts: 1. Should the Bureau of Alcohol, Tobacco and Firearms have raided the Branch Davidians in the first place? …2. Did the government employ the most effective tactics for talking the Branch Davidians out of the compound? …3. Did Janet Reno decide in good faith to authorize the assault on the compound? …. 4. Was the military involved in a way that violates the law prohibiting active military participation in domestic law enforcement? ….5. Did government agents fire bullets into the compound? ….6. Did government agents or the Branch Davidians start the fire? ….7. Was there a government cover-up? …."

St. Louis Post-Dispatch 9/19/99 William H. Freivogel And Terry Ganey "…The Justice Department has stopped turning over audio and surveillance tapes of crucial moments during the 1993 raid on the Branch Davidians near Waco, Texas, as a result of John C. Danforth's attempt to delay fact-finding in the case filed by Branch Davidians against the government. ….. Caddell said Danforth's request came at a moment when the government was in midstream turning over evidence in its possession. It has turned over videotapes and an infrared tape.

But it has not yet turned over either the copies of audiotapes containing conversations of law enforcement officials or surveillance tapes of conversations of the Branch Davidians within the compound. After Danforth made his request, the government notified Caddell that it stopped making copies of these tapes. Caddell is particularly interested in the audiotapes. He said the government previously released an audiotape, running from 6 a.m. to 8:24 a.m., in which the FBI can be heard to authorize the use of pyrotechnic tear gas. But five minutes after the second of the pyrotechnic rounds was used, the audiotape ends, Caddell said. He said a surveillance aircraft ordered that the audiotape be stopped at that point. Caddell is suspicious of the fact that the tape was turned off just after the pyrotechnic round was fired. He hopes to discover whether taping resumed later. The surveillance tapes contain the voices of Branch Davidians within the compound talking about starting a fire. Caddell said that the copies of the surveillance tapes he received contain erasures and places where one sound has been copied over another. He wants an expert to review the original tapes to determine whether anything was missing from the copies or the original tapes have been tampered with. Caddell said a compromise might be arranged with Danforth's office….."

Washington Weekly 9/20/99 Edward Zehr "…..Following a brief flurry of recrimination against officials of the federal government who lied to Congress and the public for six years about the fact that pyrotechnic rounds had been used during the final assault upon the Branch Davidian compound near Waco, the mainstream press have now fallen back to the position of spinning the story in such a way as to minimize its impact. Anyone who does not accept the new standard, revised version of the official "explanation" with an alacrity deemed sufficient by the high priests of PC is pilloried as a "conspiracy theorist" who will never be convinced by ANYTHING the government could say, no matter how airtight the logic or heartfelt the sincerity. In short, we fooled you once and now it is your patriotic duty to hold yourself in readiness to be fooled yet again -- that's little enough to ask, is it not? After all, the credibility of the government is at stake. (Not to mention the credulity of the public). …."

Washington Weekly 9/20/99 Edward Zehr "…..In addition to the obligatory epithets given in the glossary of the PC playbook -- conspiracy theorists, right wing-nuts, militia members, hate groups, and full-mooners (a favorite of Fat-Jack Germond) -- the impression is pounded into the skulls of the public that the little white lie of the FBI whereby it concealed from the public the fact that its agents fired pyrotechnic tear gas grenades at the Davidians' tinder dry structure is the only point at issue in the current flap. In fact, it is invariably and relentlessly emphasized that only two pyrotechnic grenades were fired, at a "concrete bunker," that they bounced off harmlessly, and that this happened hours before the fire broke out in the compound. Never mind all the other evidence that pyrotechnic devices were used on the main structure of the compound, that Delta Force personnel were there not merely as observers and that they, in fact, fired at the Davidians. It just isn't nice to talk about these things. ….."

Washington Weekly 9/20/99 Edward Zehr "…..Most, but not all, of the mainstream press are spinning the story to government specs. The newspapers in the state of Texas mostly take a more realistic view of the matter. The local folk are not so easily fooled -- they already know a lot more of the details than the average spectator. For example, the Houston Chronicle ran a story on September 7 in which it listed some of the major disclosures of the preceding ten days. In addition to withholding information about the use of pyrotechnic devices from Congress and the public, the FBI "lied in sworn statements when they said they had no infrared video of the first four hours of the assault -- videos that possibly would show the use of pyrotechnics." ….."

Washington Weekly 9/20/99 Edward Zehr "…..When civil rights attorney David Hardy filed a Freedom of Information lawsuit, FBI officials told the court that "they had no recording of the radio traffic during the entire six-hour assault," wherein it would appear that they perjured themselves……Even more potentially damaging were allegations regarding the part played in the final assault on the Davidian compound by the Army's elite Delta Force. The official version is that they were there only to observe, but Gene Cullen, a former CIA special agent told the Dallas Morning News that Delta Force personnel had informed him that Delta commandos had participated in combat operations during the assault. Cullen is said to have made even more explicit statements in McNulty's new film. And now it appears that Cullen's allegation may be corroborated by another witness. Additional revelations continued to pile up last week which, if verified, could blow the coverup right out of the water….."

Washington Weekly 9/20/99 Edward Zehr "…..Notice that, once more, the mainstream news media played absolutely no role whatever in cracking this government coverup. As with Ruby Ridge, the Vince Foster case, TWA800, the Oklahoma City bombing, the botched investigation of Commerce Secretary Ron Brown's, death, the Kosovo "war" and Clinton administration scandals too numerous to mention, the mainstream press have been content to play a completely passive role, rewriting government propaganda handouts and avoiding questions that might embarrass the administration. The last laugh was had by Mr. Hardy. "It does seem strange that a couple of unknown characters could finally get this out in the open," said he. Doesn't it, though. And stranger yet is the fact that the combined forces of the great American mainstream press, with the enormous resources at their disposal, have yet to crack a single government coverup under this administration. The most they ever seem to do is to insult with puerile epithets those who have the temerity to do the job which they refuse to do…."

Washington Weekly 9/20/99 Edward Zehr "…..A new wave of revelations has already rendered Koppel's sage observations "inoperative." But never mind the official lies, the charred remains, the damage done to the justice system; Koppel can only weep copious buckets of politically correct tears over the fact that the "conspiracy theorists" are one-up on the "good-guy" government goons who perpetrated all that carnage. Koppel gives high marks to the FBI for "probably" telling the truth about "most of what happened." Such impossibly high standards: Do you solemnly swear that you will probably tell the truth, most of the truth, and no lies except little white ones? "Conspiracy theorists" on the other hand are contemptuously dismissed with the observation that they "tend to be wrong" about "most" of what they say regarding Waco. Tend to be? If Koppel knows them to be wrong about something why doesn't he say so and tell us what it is instead of wallowing in weasel-words? …."

Washington Weekly 9/20/99 Edward Zehr "…... The article goes on to quote CBS News Correspondent John Blackstone: "'This is just fodder for the conspiracy theorists,' says psychologist Margaret Singer. She says this is just what the militia movement needs to say we told you so....Many are certain to see this as government out of control."

Government out of control? Just because they tortured two dozen children and countless innocent adults with noxious gas for six hours and then burned them alive? Do you want to see the country overrun with religious "cultists" and right wing gun-nuts? Somebody has to thin them out. It's a dirty job, but your government was prepared to do it -- and will do it again if necessary. The Waco ghetto is no more. This is the final solution.

Apart from all that, the government is quite benign -- really….."

Washington Weekly 9/20/99 Edward Zehr "…. Texas Ranger Sgt. George L. Turner who found a spent 40 mm military cartridge in the wreckage of the compound said that as he was about to testify at the trial of surviving Davidians he was told by FBI Agent Rick Crum that the FBI had fired the round "in an attempt to knock a door down." This directly contradicts even the revised version of the official "explanation," implicitly believed by all but a handful of us pitiably benighted "conspiracy theorists." David Hardy, the civil rights attorney who has researched the Waco holocaust with McNulty told reporters a week ago that the new evidence "seems to back up what (McNulty) has been talking about for years. Projectiles were used that were capable of causing a fire," he said. "The Rangers may have turned up a smoking gun." Although the Ranger report expressed skepticism as to whether a flash-bang would be likely to start a fire, Hardy disagrees. "They explode and create this large of a flash of blinding light, but they won't start a fire?" he asked. "I sure wouldn't want to try it in my house." ….McNulty points out the possibility that not all of the spent pyrotechnic rounds were discovered. The flames melted some of the casings into "puddles" of aluminum found in the burned-out wreckage of the compound….."

Washington Weekly 9/20/99 Edward Zehr "….. Unfortunately, the autopsies did not determine whether the victims had been shot at close range, or whether the shots had come from outside the building. It seems that wasn't an issue at the time. In fact, Dr. Nizam Peerwani, who performed the autopsies, said that the government had not asked him "to determine the manner of the deaths -- homicide, suicide or accidental." (Silly me, I had thought all along that's what autopsies are for). The FBI's "explanation" was simply accepted at face value. Later, when attorneys representing the Davidians attempted to examine the bodies, they were unable to do so. See, somebody "forgot" to plug in the cooler at the morgue, causing many of the bodies to "liquefy." (Yuck!) We mustn't be too quick to draw adverse conclusions from that, of course. These little "mistakes" happen all the time (in federal cases involving the Clinton administration anyway). Remember those X-rays of Vince Foster's head that didn't get taken because the machine "broke down"? (Only there wasn't any record of maintenance being done on the X-ray machine in the relevant time frame). And then there was that curious round hole in the top of Ron Brown's head -- about the size of a .40 caliber bullet -- that didn't get investigated. The Air Force doctors who called attention to it were certainly "handled" with extraordinary efficiency, though. They won't be telling any more tales out of school any time soon -- their careers have been put into cold storage. You can be certain that nobody will make the mistake of unplugging that freezer. And what about the front door of the main Davidian building? If, as the BATF maintain, the Davidians shot at them first, through the door, that should be corroborated by an examination of the evidence. Only guess what? Right you are -- got it in one. All together now, let's hear it: THEY LOST IT! How any law enforcement agency -- even one as spectacularly incompetent as the BATF -- could lose a piece of evidence the size of a front door to a large building (part of which was made of steel) will have to remain one of life's enduring mysteries. …."

Washington Weekly 9/20/99 Edward Zehr "…..Gosh, I guess we'll just have to trust our government then, won't we? Because, as Dr. Peerwani told CNN last week, "his office was not asked by the government to determine whether any of the Davidians were killed by federal agents." "I don't think that was an issue at the time," the doctor said. What makes people so suspicious? The experience of the family of Jimmy Riddle, one of the Davidians killed in the final assault, is suggestive. Riddle's body was not destroyed as his relatives had kept it in a private mortuary in Fort Worth. But when Dr. Ronald Graser, the private pathologist they had hired to get a second opinion as to the cause of death, examined the body he found that parts of it had disappeared, according to the Star-Telegram. And what parts would those be? Well, Riddle had been shot in the head. And by merest coincidence "part of the skull was missing, including the section where the bullet entered and exited," said the Star- Telegram, citing court documents. Among those who have become increasingly suspicious of late is none other than Dr. Peerwani, who told the Atlanta Journal-Constitution last week that he would like to re-evaluate the case. He has an interest in doing so because Dr. Peerwani is the Tarrant County Medical Examiner. If criminal activity is suspected in the deaths of the victims whose bodies he examined, this is bound to reflect on the doctor's work, regardless of what the federal authorities "asked him to do." The doctor told the Atlanta newspaper "that recent developments have caused him to doubt his original autopsies' goals and conclusions," according to Matt Drudge. "There is a feeling that one should go back and re-evaluate ... The focus at the time was not whether the FBI was doing the shooting," said Dr. Peerwani. …… The doctor would also like to review a video tape made by his office and given to the (Obstruction of) Justice Department. This tape is said to indicate the location in which each of the Davidians died inside the compound. Only there is a slight problem: "We were told that they had misplaced the tape," said Dr. Peerwani. That's hardly surprising -- we all know how absent-minded the folks at the JD can be. Why they even lost page 49 of that report they had prepared for Congress. You know, the one page on which the use of pyrotechnic rounds against the Davidians was mentioned.

Washington Weekly 9/20/99 Edward Zehr "…..One of the things that may have piqued Dr. Peerwani's renewed interest in the case is the fact that witnesses are expected to testify in the forthcoming Davidian lawsuit that shots were fired at the Davidian compound during the final assault. The Fort Worth Star-Telegram reported on September 13 that "FBI agent Charles Riley said in June 1993 that he heard shots fired from a sniper post occupied by agent Lon Horiuchi." ……. Since Horiuchi is named along with the government in the Davidians wrongful death suit, it is reasonable to assume that evidence will be presented in an attempt to establish that the FBI sniper fired at the compound. On Monday of last week the FBI belatedly acknowledged that Horiuchi took part in the final assault on the compound. Combined with the witness who is expected to testify that Delta Force was involved in "combat operations" against the Davidians with orders to "take them down," this could be devastating. Investor's Business Daily commented last Wednesday, "By now it's clear someone was shooting at the Davidians. The FBI's own videotape shows gunfire from an unidentified source hitting the rear of the camp." Nor is this idle speculation….."

Washington Weekly 9/20/99 Edward Zehr "….. Allard, who worked for 10 years as an analyst in the Army's Night Vision Laboratory, said that, "Any layman can look at what I looked at and say it's gunshots, assuming he knows something about gunshots." According to Allard, the FLIR tape shows gunfire aimed at the Davidians on at least three occasions that day, once after the compound had caught fire. He explained that, "What the FLIR shows is that while a fire is engulfing the kitchen area, gun positions on the outside are pouring automatic gunfire in there. I stopped counting at 45 shots. You don't see 45 shots. You see a flash here, a flash there. But if you break the film down, you can actually count the number of rounds." Allard maintains that the gunfire was directed at the Davidians from positions roughly 30 yards from the kitchen area of the compound, trapping them in the burning structure…..Mike Caddell, an attorney representing some of the plaintiffs said of the FLIR tape, "I think it's the most dramatic evidence that there was gunfire from government positions. At the end of the day, I think that's what this case is going to be about. I don't know this many years after the fact if we can prove who started the fire." …."

Washington Weekly 9/20/99 Edward Zehr "…..Mr. Cox finished his career as a lab manager and went on to form his own company. His resume is quite impressive, as is his report which exhaustively examines every conceivable explanation for the flashes on the FLIR tape and concludes: "There are only two explanations for the flash signatures observed in Mt. Carmel infrared imagery. This document shows that the FBI's explanation is not possible; it fails in every particular examined. Sun reflections from broken glass or bits of blowing debris did not cause the recorded flash signatures." "This report concludes that gunfire generated almost all the flash signatures observed on the FBI's videotape. Federal law enforcement personnel fired into the Mt. Carmel complex before and during the fire that consumed the facility. There is no other explanation that conforms to the facts." ….."

Washington Weekly 9/20/99 Edward Zehr "….. The press, according to Moore, did little to get at the real story, but merely repeated government propaganda. Researcher Dick Reavis, who took the trouble to compare the full text of the negotiations between the feds and Davidians with the transcripts of the FBI news conferences, alleges "that FBI spokesperson Bob Ricks constantly lied to the press about what was happening in negotiations," in Moore's words. In an apparent effort to keep the press away from the Davidian's property they said that it was booby-trapped, although reporters who investigated the claim found no evidence of this. The FBI also alleged that the Davidians were using illegal drugs, although no evidence of this has never been presented. In an apparent effort to pander to the PC crowd, the FBI portrayed the Davidians as "white" although Moore points out that "half were of African, Asian or Hispanic descent." Most ludicrously, the federal agents described the Davidian compound as a bunkered "fortress", when in fact it was a rickety, jerry-built fire-trap. When the Davidians held their children up to the windows to get a look at the tanks, the feds said that they were using them as human shields….."

Washington Weekly 9/20/99 Edward Zehr "….. DeGuerin accused the press of practicing self censorship, as when they failed to report that Koresh had invited the BATF to inspect the Davidian's gun collection prior to the raid. They also failed to report that the BATF had taken Koresh's gun dealer and business partner Henry McMahon into "protective custody" after the raid and forbidden him to talk to the press, or even to the FBI. Although an interview with McMahon was sent to TV stations throughout the country by its producers in Pensacola, his allegations were ignored……"

The Times U.K. 9/18/99 Ben MacIntyre "….Speculation, fed by mishandling, has spiralled so far out of control that it will never be possible to answer all the questions about Waco, but one conclusion already seems clear: the media and the public were consistently misled….Every morning in Waco, a succession of FBI spokesmen in bad suits would tell us the official version, which we would write down and send home. The story went like this: Inside his lair, Koresh was preaching death and abusing children, with enough food for a long siege and an arsenal of weapons, including a huge machinegun with a range, coincidentally, of two miles. There were allegations that he was also producing methamphetamines. The cult leader never set foot outside, so the Feds had to go and get him. The Davidians opened fire first, then hunkered down, having set explosive booby-traps throughout the building. In the 51 days that followed, Koresh toyed with negotiators, then refused to talk, evidence of abuse mounted, and finally the FBI, having exhausted every other possibility, sent in tanks to flush the cultists out with teargas. The occupants chose suicide. That day the Justice Department declared that two surviving Davidians had admitted starting the fire. Many aspects of this account turned out to be untrue or unverified. There was no evidence of a methamphetamine lab or large stockpiles of food; no trace of the "big gun" , nor of booby-trap devices. Koresh was often seen in public in the months before the siege, when he could have been arrested with ease. Just days before the final assault, Koresh announced that he would come out when he had finished writing a new religious tract. No formal confessions were obtained. That is without even getting into the speculative part….."

The Times U.K. 9/18/99 Ben MacIntyre "….It has taken six years to uncover the following facts: that pyrotechnic military tear-gas canisters were used, when Justice Department officials have always denied shooting anything into the compound that could ignite a fire; that the Army Delta Force secret anti-terrorism unit was there on the day of the final assault; that an FBI sniper positioned outside the compound was the man who shot dead the wife of a white supremacist in Idaho a year earlier. It is inconceivable that the FBI deliberately plotted to start the fire, and the evidence that it did so accidentally is far from conclusive: the pyrotechnic canisters were fired four hours before the fire started. This was cock-up and cover-up rather than conspiracy to kill. If there was a plot, it is in the lies and denials after a law-enforcement operation that led to more deaths than any other in US history….."

GeorgiaPolitics.com 9/17/99 Jon Perdue "…..The returning apocalypse of Waco has illustrated how the concept of the role of government divides sharply the state of political understanding in America. Most people’s opinions and political affiliations can be distilled into whether they bear an innate faith or distrust in the power of government. So too, are decided the inclinations of politicians and bureaucrats who choose whether their role is to serve or to command the lives of the people…… In September of 1998, in the closing days of the 105th Congress, Representative Bob Barr (GA-7) released information exposing an effort by the Department of Justice to obtain disturbing new enforcement powers. Barr obtained the information from a confidential source within federal law enforcement. Among other things, the Department's "wish list" for new authority included (among others): * A vastly expanded definition of terrorism to include domestic crimes having no discernable relationship to terrorism….. * The establishment of a permanent "FBI Police Force." ….. * Loosening of Posse Comitatus restrictions to allow more military involvement in domestic law enforcement…… While the entire list is nightmarish in its Orwellian intentions, what Bob Barr could not have known at the time is that the Justice Department may have had ulterior motives concerning the suggested loosening of the Posse Comitatus act……. "

Doug Fiedor 9/19/99 "…. According to Janet Reno, the FBI did not have enough people in their Hostage Rescue (squad fire) Team to wait out the Branch Dividends. That is, the FBI got tired of being there after 50 straight days and wanted to end it. So, to insure a situation like that would not happen again, Janet Reno planned for at least six more FBI squad fire teams -- one for each of six designated geographical regions. The HRT members routinely refer to the regions as "war zones." …. they train with military special operations groups, eat with military special operations groups, dress like military special operations groups, and so on…….So, we went looking for training manuals. One reasonably adequate one is at: http://earthops.org/sovereign/urban_warfare This is FM 90-10, titled "Military Operations on Urbanized Terrain (MOUT)." In Army-speak, it is about "those military actions planned and conducted on a terrain complex where manmade construction impacts on the tactical options available to commanders." ….. Various styles of this training have also become popular with State and local police department SWAT teams throughout the country. One informative study on the topic was recently released by the Cato Institute: "Warrior Cops, the Ominous Growth of Paramilitarism in American Police Departments," by Diane Cecilia Weber. http://www.cato.org/pubs/briefs/bp50.pdf The Cato report states that there are at least 459 major SWAT teams around the country, half the personnel of which were trained by the military. Worse, most are equipped with all sorts of military weapons (even Army tanks), compliments of the federal government. "SWAT team members undergo rigorous training similar to that given military special operations units," the report says. And, "SWAT teams are taking on the warrior mentality of our military's special forces." …… The problem is, police officers are not supposed to be warriors. The military are trained to apply maximum force to kill people and break things. Police are supposed to apprehend suspects using the minimum possible force and observing the suspect's Constitutional rights. These are not compatible task…… Meanwhile, look over the Texas Ranger report on the extent of military ordnance used at Waco http://www.txdps.state.tx.us/ and see just how bad the warrior police mentality has become…."

USA TODAY 9/20/99 Kevin Johnson "….The most serious questions facing authorities reinvestigating the government's actions at Waco might turn on the use and assembly of an object no bigger than a can of Coke. The heart of the FBI's defense is that the military-style tear-gas canisters fired on the Branch Davidian compound prior to the deadly conflagration were not designed as incendiary devices….. The device - known in military vernacular as the M651 cartridge - is a small, cylindrical charge with the capacity to penetrate glass and wood surfaces. Once it lands, the tear gas is blown out of the cylinder. At Waco, the canister was launched by the FBI in an attempt to crash through the plywood roof of a concrete bunker adjacent to the main Davidian compound to seal off a possible escape route…."

Ft Worth Star-Telegram 9/12/99 Phil Record "…I wrote some words in my column on March 14, 1993, that have proven to be quite prophetic. On that day, I ended my column with these words: "But what continues to bother me the most is the absence of a neutral party at the battle front. The media have been forced so far to the rear that they can't actually serve as your eyes and ears. You and I are simply being spoon-fed information by the powers in charge. That should worry all of us." I was commenting on the siege of the Branch Davidian compound near Waco by federal law enforcement officers. I was the ombudsman of the Star-Telegram at the time and devoted several columns to the prolonged standoff between federal authorities and members of the religious cult. I was not alone in my concern. …. But reporters and photographers were never allowed near the front during the prolonged siege that ended with a fire that destroyed the compound and claimed about 80 lives. In spite of the lying by authorities---and the destruction of their credibility---I am not convinced that their actions were responsible for the deadly fire. That is not to say that there is no undisclosed evidence that might change my mind. In one column, I also was critical of the news media for not taking a stronger stand for the public's right to know. We permitted ourselves to be pushed around by federal authorities with only a slight whimper…..The task force also asserted that the FBI prevented journalists from performing their duties adequately. The task force stated in its report: The Federal Bureau of Investigation officials made the decision to move the journalists away from the compound, saying it was for the safety of the journalists to get them further out-of-range from weapons fire. While that concern for safety is understandable, journalists have long chosen to accept physical danger as part of their role in covering important stories, whether it be war, civil unrest, terrorist actions or natural disasters. . . "In the case of Waco, journalists were kept so far away from the front lines that they were not able to properly scrutinize the actions of the law enforcement agencies and negotiators as they attempted to resolve the standoff. "Nor were journalists always able to obtain as meaningful information as they needed to accurately update all aspects of an important, evolving story . . . "Accuracy and perspective were the casualties of the lack of access to the front lines and the absence of a more meaningful and consistent flow of official information." Those words took on new meaning recently. And that is what I had feared 6 years ago…."

The Dallas Morning News Lee Hancock David Leeson 9/20/99 "…``I'm real sorry about the loss of your son,'' he told Eugene and Filomena Hipsman of Chester, N.Y. The couple was visiting the compound for the first time since their 27-year-old son Peter died six years ago in the gunfight with federal agents that began the 1993 siege. Danforth's visit came the same day that U.S. District Judge Walter Smith authorized a 28-day delay in depositions in a pending wrongful death lawsuit filed by Branch Davidians against the federal government, a delay that Danforth sought last week to allow time to gear up his investigation. ``I have no desire to hamper your investigation in any way,'' Judge Smith wrote in a two-page letter to the former Missouri Republican senator. ``You have taken on a difficult, thankless job, and I applaud you for being willing to do so,'' the judge wrote Monday. ``It is my fervent hope that your investigation, and certainly to a lesser extent, the civil proceedings here, will help restore the public's confidence in its government.''….. The visit came 10 days before an unprecedented court-ordered deadline requiring the government to turn over every document and piece of evidence even remotely connected with the 1993 incident.
Government lawyers initially tried to fight the August order by Judge Smith but told the judge last week that they would submit. On Monday, civil Justice Department lawyers and U.S. Attorney Mike Bradford, an East Texas federal prosecutor recently assigned to oversee the matter, wrote the judge to pledge ``full cooperation.'' They also said they would accept a 30-day delay in formal questioning of witnesses in the case, a delay Danforth had said was needed to ensure his investigators could question key witnesses before adversarial depositions…… ``What we're interested in is having the truth come out,'' he said Monday. I think the special counsel interviewing government witnesses before their deposition may be the best way to ensure that.''….."

Fox News 9/20/99 S Robert Lichter "…It was Danforth's first trip to the scene of the fatal 1993 fire that killed cult leader David Koresh and an estimated 80 of his followers. Accompanied by deputy assistant investigator Ed Dowd, Danforth flew over the site in a helicopter dozens of times before landing near the former compound and surveying the site on foot. That's when he ran into the family of Peter Hipsman, who was shot dead on the first day of the siege, along with five other Branch Davidians and four federal agents. It was the Hipsmans' first time in Waco, too. Eugene Hipsman, a retired New York City firefighter, had driven with his wife from Chester, N.Y., to see where his son had died. Upon encountering Danforth, the former firefighter relayed the concerns he had with the holes federal officials had knocked in the building to administer CS tear gas on the siege's tragic last day. Hipsman told Danforth he thought the holes knocked in either side of the compound had allowed air to race through the building, fueling the fire. Said the grieving father: "It was like they were making a bomb out of the place." Danforth listened attentively to Hipsman's concerns…… Accompanied by Dowd, McClennon County Sheriff Jack Harwell and a handful of local deputies, Danforth walked around the Mt. Carmel site, talking quietly with Dowd and two other men in plainclothes. The trip was made without media fanfare. "We wanted to get a feel for what it's like out here," said Dowd. "He (Danforth) came to check out the scene." Danforth instructed a sheriff's deputy to photograph several things at the site, including the various placards that mark different parts of the former Mt. Carmel compound. "I'm proud that they've taken their time to come down and look and get to the bottom of this," said Sheriff Harwell, who had friends who perished in the blaze. "I think we have a good man in the senator. ... If there's something there, he'll find it." …..


"

Associated Press (St. Louis Post-Dispatch) 9/19/99 Jeffrey McMurray "…. Former Sen. John Danforth, recently hired to investigate an alleged coverup after the Branch Davidian siege, escaped criticism Saturday from 200 gun-rights activists meeting in his city. But the woman who hired Danforth and the man he hired to assistant him were treated with loud hisses during a session of the Gun Rights Policy Conference, which concludes Sunday. The crowd cheered, and some members even stood up, when author David Kopel suggested Attorney General Janet Reno should face criminal charges in the 1993 inferno. Cult leader David Koresh and some 80 followers died in the fire, some from gunshot wounds. "What she ought to do is go down to the United States courthouse and turn herself in as an accessory after the fact to murder,'' said Kopel, senior fellow of the CATO Insitute and co-author of the book, No More Wacos…… Speakers at the conference also took aim at Danforth's deputy, U.S. Attorney Edward L. Dowd Jr., a Democrat intended to balance the probe. Kopel said he feared Dowd would run most of the inquiry's day-to-day operations and alleged he wouldn't be able to do so fairly because of his activism on some gun-control measures. "To have him be in charge of this Waco probe shows it'll likely be a political probe rather than something to uncover the truth,'' Kopel said……. Joe Waldron, retired Lt. Col. of the U.S. Marine Corps, said the military's role should be to protect the country against foreign invasions, not get tangled up in domestic affairs. "The problem is we're seeing a militarization of law enforcement and a law enforcementization of the military,'' Waldron said. "The typical role of the military is one thing and one thing only -- kill people and smash things, outside our borders preferably.'' ….."

http://www.azcentral.com/news/0920hardy.shtml 9/20/99 William Hermann "…. David Hardy says he's no far-right fanatic - just because he helped force the FBI to admit it used incendiary tear gas during the 1993 Branch Davidian siege in Waco, Texas. Hardy also insists he's no gun nut - just because he believes the Constitution gives citizens the right to bear arms. Instead, Hardy says, he's a civil libertarian with a healthy distrust of government - and part of an old Arizona family so classic that it included a Cave Creek judge who was actually a fugitive from justice. As for Waco, Tucson attorney Hardy said his own experience as a federal bureaucrat helped him conclude that the real villains at Waco were what he calls the "Omnipotent Peons." …. "The government isn't run by Cabinet members or department heads," he said with a laugh. "The government is run by middle-level and lower-level peons who do what they damned well please. ….. Hardy holds the end of a "Ferret" tear gas round, which the FBI said it used on the Branch Davidian compound. It is not a pyrotechnic device. "I doubt that (U.S. Attorney General) Janet Reno or (FBI Director) Louis Freeh had any idea of the cover-up we've been discovering," he said. "But I believe subordinates of theirs did. And the people who were on the scene certainly did." …… "

http://www.azcentral.com/news/0920hardy.shtml 9/20/99 William Hermann "…. "I'm more a 1960s liberal on civil liberties," he said. "I think we need to protect our civil liberties. I think we need to watch very carefully what government officials and employees are doing." Former Assistant U.S. Attorney for Arizona and state Attorney General Warner Lee said it shouldn't matter what Hardy's politics are "as long as he has solid evidence." "If he comes up with evidence that public officials have misled the American public, more power to him," Phoenix attorney Lee said. "If a citizen is willing to spend the time and effort to come up with something solid instead of just soapboxing about his political views, then he is to be paid attention to." …… "

http://www.azcentral.com/news/0920hardy.shtml 9/20/99 William Hermann "…. The Second Amendment is of special interest to gun enthusiast Hardy. "Some framers, such as George Mason, were concerned about preserving the militia as a state-run institution," Hardy said. "But Jefferson was concerned about the rights of individual citizens to bear arms. "We can't really understand what's going on with the Second Amendment unless we understand that it has two different objects," he said. "Mason wants to preserve militias, Jefferson wants to protect the individual's right to bear arms and Madison tried to appease both men when he wrote the amendment. It has two purposes."

Hardy said he hopes that his research into the Waco incident will do more than cause government officials some embarrassment. "I have for some time been trying to show that law enforcement is becoming increasingly militaristic," Hardy said. "The military attacks, shoots, kills, destroys," he said. "Law officers are supposed to talk to people and perhaps make arrests. We're seeing too many law officers in black suits, calling themselves SWAT teams, with submachine guns, sniper rifles and an attack mentality." Hardy paused and looked around his office a moment. "Which is exactly what we saw at Waco," he said….."


Washington Times 9/20/99 Lawrence Criner "….. As Mr. Danforth begins his inquiry, he might want to look at the public record, specifically Tim Evans' testimony on July 21, 1995, before the joint House Subcommittees on Crime and National Security that conducted the last hearings on Waco. Mr. Evans' statement goes into those "dark questions" at the heart of Mr. Danforth's investigation….. Mr. Evans is a Texas defense attorney who cleared British citizen Norman Allison of false charges that he conspired to murder federal agents in Waco on the morning of the botched raid…. At the Waco hearings, Mr. Evans furnished sensitive government memoranda that showed prosecutors had instructed federal investigators not to generate any unfavorable material about "what went wrong" that might make them the subject in an inquest…… Contrary to basic law enforcement procedure, not one of the ATF agents at Waco made a written report of his observations or conduct during the Feb. 28, 1993, raid, according to Mr. Evans…. Robert M. McNamara at ATF headquarters suggests why in an interoffice memorandum dated April 14, 1993. He writes, "DOJ does not want Treasury to conduct any interviews or have discussions with any of the participants, who may be potential witnesses; the prosecutors do not want us to generate additional Jencks, Brady or Gigolo material or oral statements which could be used for impeachment." In other words, prosecutors don't want a damaging record of the agents' activities at Waco that they would have to give to defense attorneys….. A memo from Ron Noble, then assistant secretary for enforcement at the Treasury Department, dated April 9, 1993, also indicates pressure on Treasury from the Justice Department. He writes, "Web Hubbell, associate attorney general [designate], is so concerned about the

potential impact of our review . . . that he plan[s] to raise it directly with the president. . . . [I]f we don't throw some 'bone' to the Justice Department . . . this may exacerbate Hubbell's concerns." . . . . Just what the White House's role was in Waco has never been clearly determined. One thing is certain, Clinton confidant Vince Foster died thinking he was responsible for what happened, his wife reported. . . . . Another memorandum from Sarah Elizabeth Jones, also at Treasury, refers to the decision not to make routine reports about the initial raid. It states, "ATF initiates a shooting review. David Troy and Bill Wood interview [agents] Rodriguez and Mastin (3/1), Chojnacki (3/3), Cavanaugh (3/3), Sarabyn (3/2). Troy tells Review they immediately determined that these stories did not add up.[Italics added] (Note -- Johnston at this point advised Hartnett to stop the ATF shooting review because ATF was creating Brady material.)" …."

http://www.azcentral.com/news/0920hardy.shtml 9/20/99 William Hermann "….These memoranda not only raise serious questions of legality but they may explain why vital exculpatory material now surfacing was hidden even from Congress. ... At the time Mr. Evans revealed these disturbing documents, Justice Department aides were in the congressional hearing room passing out a curious press release from Assistant Attorney General for the Criminal Division Jo Ann Harris, who described these deceptive practices as merely "Prosecution 101." Little wonder the whole story about Waco is still unknown. . . . ."

http://www.azcentral.com/news/0920hardy.shtml 9/20/99 William Hermann "…. There was a plethora of ATF cameras on the morning of the raid. Many agents carried personal cameras; three agents in the helicopters had video cameras. However, very little film has been produced of the raid or the ensuing standoff although many investigators have requested it. When Mr. Evans asked for the tapes and photos, he was told there were none, and the only explanation given was that the cameras must have malfunctioned. Then there's other missing evidence, too, such as the compound's big metal front door that could prove if the ATF shot first. Somehow the other metal doors survived the fire, but not this one. . . . . Mr. Evans presented Congress with a "list of half-truths, misrepresentations and outright falsehoods" perpetrated by the ATF and FBI "throughout" the debacle at Waco. What Mr. Evans uncovered in preparing for Mr. Allison's trial was a scheme to obstruct justice by those sworn to protect us and uphold the law. . . . . Unfortunately, his remarks at the time went largely unnoticed by the press, which was quick to see other sides of the story, and by our elected representatives, who were more interested in scoring political points than in finding out what really happened at Waco. . . . ..."

Express-News John MacCormack 9/20/99 "…. The fire, which killed two dozen children, came after FBI agents using Bradley fighting vehicles had spent hours battering the complex and injecting tear gas inside. But the attempt to drive Koresh and his followers out of Mount Carmel proved futile. As the fire raged, only a handful of Branch Davidians staggered out to safety, several severely burned. Those who stayed behind died of gunshot wounds — possibly self-inflicted — heat and asphyxiation…… Public attention is again focusing on an episode in American history that, to those distrustful of the federal government, represents Big Brother at his brutal worst. Timothy McVeigh, convicted of the April 19, 1995, bombing of the federal building in Oklahoma City that took 168 lives, made a pilgrimage to Mount Carmel's ashes and became obsessed with it. In a post-conviction prison letter, McVeigh blamed the FBI for causing the Branch Davidians' "slow, torturous death." ….. "The big picture is that I hope the trial establishes that the government has some share of the responsibility for the deaths of the women and children in Mount Carmel," said Michael Caddell, the lead plaintiffs' lawyer. "Most of the debate over Waco would go away in a minute if Janet Reno would step forward and say mistakes were made, that they never should have mounted that final assault," he said from his office in Houston. The suit claims the FBI used "grossly excessive force," and showed a "reckless disregard for life," in ending the siege. The suit makes similar charges about the ATF, involved in the initial deadly confrontation with the Branch Davidians on Feb. 28, 1993, in an operation that agents dubbed "Showtime." ….. But Smith, who in 1993 presided over the criminal trial in San Antonio that ended with convictions of eight surviving Branch Davidians, has made clear certain critical issues will be addressed at trial.

"There are circumstances relating to the initial raid and the final fire at the compound that could give rise to a negligence cause of action against the United States," he wrote.

Express-News John MacCormack 9/20/99 "…. The most sensitive allegation raised in the suit is that on April 19, 1993, FBI agents fired automatic weapons into the complex to prevent the Branch Davidians from escaping. ….. "Numerous interviews, congressional hearings, official reports, color videos and photographs, and other scrutiny support the conclusion that the FBI never fired a shot during the 51-day standoff in Waco," a Justice Department statement said. But Smith has acknowledged the plaintiffs have some basis for their claims, including affidavits of surviving Branch Davidians and the opinions of experts in thermal imaging…… "If plaintiffs' allegations are true, due process would be implicated as such behavior would rise to a level that would shock the conscience," the judge wrote in his ruling. Caddell said he intends to prove FBI agents fired into the compound, but he said he won't try to resolve another equally provocative matter at trial: How the fire started…… James Brannon, who represents the interests of three of David Koresh's dead children, said the trial will open America's eyes about what really happened. "It is the firmly held belief of my clients that the truth has not been told about what happened at Waco. We're trying our best to get it out under oath, not via the propaganda and spin doctors of the FBI," he said from his Houston office. "I represent three dead babies. I want pure questions. What can you do to babies in the name of law enforcement? Do you get to squirt tear gas at them because they have bad parents?" Brannon asked.

Express-News John MacCormack 9/20/99 "…. However, they say their version of what happened in 1993 will be heard by the American public for the first time. "Some of what is coming out is surprising. We knew they were wrong for all that happened but it's just that now, we can see people talking about it. People are saying, 'We're sorry. We didn't understand,'" said Sheila Martin, who lost her husband and four children in the fire……

Express-News John MacCormack 9/20/99 "…. Dr. Alan Stone, a professor of psychiatry and law at Harvard University, reviewed the Waco affair at the Justice Department's request several years ago. Stone believes the government and the media share responsibility for the standoff's terrible outcome. "The most tragic thing is that you people, the press, and the ATF and the FBI and the politicians have demonized the Branch Davidians," he said by phone from Cambridge. "And it's time for the press to admit that. We got it wrong. We believed the FBI. We were told these were terrible people, and in fact they weren't," he said of the Branch Davidians. Stone said the hundreds of reporters who swarmed to Waco during the siege were "inadvertently complicit" with the FBI in its depiction of Koresh as a dangerous, heavily-armed lunatic and his followers as brain-washed robots, setting the stage for the standoff's final violent chapter. And he said the constant pressure from reporters during the siege to resolve the matter may have made authorities decide to use tear gas after vowing to rely on peaceful measures to end the standoff. "I think America has a bad conscience. They demonized the Branch Davidians so they won't have to face up to the fact that innocent women and children died in that fire," Stone said. "At some time in our history, we're going to have to face up to the fact that the Branch Davidians were just like the Mormons were 200 years ago, and we killed them or forced them into suicide, so this is a tragic chapter of American history, both for law enforcement and the media," he said. …."

Houston Chronicle 9/21/99 Deborah Tedford "....The 5th U.S. Circuit Court of Appeals has ruled that the FBI may be liable when its operations harm innocent parties -- a decision that could affect the lawsuit filed by the families of the Branch Davidians killed in the 1993 FBI operation in Waco. The decision came in a lawsuit involving Operation Lightning Strike, a 1992 FBI sting involving NASA employees and contractors that ruined the businesses of three men on the periphery of the undercover operation. Because of technical reasons, the ruling may not help the men get the $50 million in damages they had sought, but two attorneys said it has broader implications.

Houston attorney Dick DeGuerin -- who represented Branch Davidian leader David Koresh and one of the NASA businessman involved -- predicted the ruling will have an effect on the Branch Davidian families and future victims of bungled law enforcement operations. The appellate court said "it was neither necessary nor proper for the defendants ... to destroy the lives and businesses of innocent non-targets in the name of law enforcement." ...."

Associated Press 9/21/99 Michelle Mittelstadt "... Separately, Danforth has written the lawyers who are representing surviving Davidians and relatives of the dead, asking for meetings with his investigators within the next two weeks. ``The purpose of the meeting would be to obtain information from you on any issues relevant to my investigation,'' Danforth wrote in the Monday letter, obtained today by The Associated Press. The letter requests the attorneys' views on the FBI's use of pyrotechnic tear gas canisters, the ``allegedly improper use of the U.S. armed forces,'' how certain evidence and testimony was presented to Congress, and who are the most important witnesses and evidence bearing on those issues......"

http://www.tampabayonline.net/news/news101b.htm AP 9/21/99 ".... Moving to resolve an impasse over the scope and leadership of the Senate's proposed Waco investigation, Republicans on Tuesday suggested creation of a five-member bipartisan task force. It would investigate ``whether or not the Justice Department is serving the American people'' in its handling of controversies from Waco to Chinese nuclear espionage, said Judiciary Committee Chairman Orrin Hatch, R-Utah. The task force would move forward only if Senate Democratic Leader Tom Daschle and the Judiciary Committee's top Democrat, Sen. Patrick Leahy of Vermont, agree by Thursday, Hatch said. Absent their support, the proceedings would take place in the Republican-controlled Judiciary Committee.

Leahy expressed concern over the scope and likely cost of such proceedings...... In a Sept. 17 letter to Hatch and Leahy, obtained Tuesday by the AP, Danforth said, ``I thought we had agreed that we would work together so that I can fulfill my mission as special counsel, recognizing that Congress has its own responsibilities to fulfill.'' He added, ``It is not within the spirit of cooperation for the Judiciary Committee to dispatch personnel to Waco without even troubling to give me a call.'' Hatch said the investigators traveled to Texas at the direction of a senior Judiciary Committee member, Pennsylvania Republican Arlen Specter, and ``not with full committee authorization.'' He pledged to cooperate with Danforth as much as possible......"

9/21/99 Libby Quaid AP "...The Justice Department has cleared Edward L. Dowd Jr. of improperly lobbying against a Missouri gun-rights measure while he was U.S. attorney in St. Louis, a spokesman confirmed Tuesday.

Dowd, the newly appointed deputy to Waco special counsel John C. Danforth, had been investigated for months following allegations he misused taxpayer-funded resources to oppose lobby against a referendum on allowing concealed guns in Missouri. At the time, Dowd was U.S. attorney for the Eastern District of Missouri.... In March, Dowd and Steve Hill, U.S. attorney for western Missouri, co-signed a letter on official letterhead calling Proposition B ``especially dangerous for those in law enforcement.'' The letter was also signed by Ronald J. Skaggs, president of the Missouri Police Chiefs Association. Hill and Skaggs have also been cleared of wrongdoing......"

http://www.express-news.net/auth/ennews/ap/texas/d0677.html 9/21/99 Michelle Mittelstadt AP "...And Sen. Arlen Specter, who would lead the proposed Senate investigation, is considering hiring the former federal prosecutor who publicly disagreed with Attorney General Janet Reno over investigations into Democratic fund-raising abuses during the 1996 elections...``On the positive side, he knows where all the skeletons are,'' Grassley said in an interview, a few days after he said Specter approached him with the idea. ``On the negative side, it could send a signal that there is a preconceived notion about the FBI and the Justice Department.'' Specter declined to comment. Earlier in the day, Senate Republicans moved to resolve their impasse over the scope and leadership of the Waco investigation by proposing the task force. The panel would investigate ``whether or not the Justice Department is serving the American people'' in its handling of controversies from Waco to Chinese nuclear espionage, said Judiciary Committee Chairman Orrin Hatch, R-Utah. ....."

Waco Tribune-Herald 9/21/99 Mark England Tommy Witherspoon "...U. S. District Judge Walter S. Smith Jr. of Waco is delaying discovery in the Branch Davidian wrongful-death lawsuit until Oct. 18 to give John Danforth - the former Missouri senator appointed as a Special Counsel by Attorney General Janet Reno to review the FBI's actions at Mount Carmel - time to get his office up and running. ..... Smith also told Danforth that he will be given 10-days notice of any further depositions taken in the lawsuit, filed against the government by surviving Branch Davidians and relatives of those who died at Mount Carmel. One proviso was noted, however. "I will not go as far as to 'require the parties ... to make witnesses available to [your] staff during the 10-day time period," Smith wrote...... In his letter, Smith told Danforth that he would not comply with part of his third request: requiring the parties in the civil lawsuit to give the Special Counsel's office seven days notice before they review or receive evidence. "I see no necessity for your staff to observe the review of original documents or physical evidence," Smith wrote. Smith made it clear that plaintiffs can continue to receive copies of the audio tapes and infrared video made on April 19, 1993 - when David Koresh and 75 followers died when a fire destroyed their residence - and have their experts analyze them...... "It is my fervent hope that your investigation, and certainly to a lesser extent, the civil proceedings here, will help restore the public's confidence in its government," Smith concluded...." NewsMax 9/2/99 Richard Poe "....The militarization of U.S. policing has proceeded unchecked through Republican and Democratic administrations alike. Indeed, one of the earliest Waco-like incidents occurred on May 13, 1985, long before Bill Clinton was even a blip on the political radar screen. That day, police emptied 10,000 rounds of ammunition into a house in West Philadelphia, in a ninety-minute period. They fired Uzis, shotguns, M-16s, .50-caliber machineguns, Browning semiautomatic rifles and M-60 machineguns. A 20mm antitank gun was also on hand, though police claim they never fired it. Later that day, a canvas satchel containing four and a half pounds of C-4 plastic explosive was dropped on the house by helicopter. The ensuing fire consumed not only that house, but sixty others, leaving the neighborhood a smoking ruin. At whom was all this firepower aimed? The targets were four men, three women and six children - members of an anti-government, urban survivalist cult called MOVE. Police say the cultists shot first, after lawmen tried to arrest four of them......Years later, in 1993, federal "crisis management" once again made headlines, this time in Waco, Texas. Parallels between the MOVE and Waco massacres read like guidelines drawn from the same tactical handbook. In both cases, last-minute offers to negotiate were ignored by lawmen. In both cases, fires were deliberately allowed to burn out of control. Both at Waco and at the MOVE house, people trying to escape the flames were forced back inside by gunfire. Even more startling, lawmen in both cases claimed that the cultists had set fire to themselves. In the midst of a civil suit brought by MOVE survivors and relatives, Lt. Frank Powell suddenly anounced that the fire had been deliberately set by MOVE members, not by the bomb he dropped. ...... "

Newsmax - Inside Cover 9/22/99 Carl Limbacher "...the notion that there hasn't been any official disagreement by Waco probers over the last six years has one serious flaw. It's not true. In fact, in a four-page dissenting opinion to the House's August 2, 1996, report on the "Investigation into the Activities of Federal Law Enforcement Agencies toward the Branch Davidians," many of the same nagging questions that have driven a month's worth of recent headlines on Waco were presented quite starkly. The extraordinairly prescient report, submitted under the name of the late Rep. Steven Schiff (R-NM) and actually authored by Rep. Bob Barr (R-GA), critiques the findings of the majority of a joint House committee that probed Waco in 1995, asserting that the official conclusions failed to address "several extremely important matters that came to light during the hearings and which deserve far more scrutiny than accorded heretofore." Here are a few excerpts of Barr's report, which the establishment press didn't see as particularly newsworthy when it was first released.....[see below] .... There it was in black and white, an official report issued by Congress three years ago with all the "dark questions" about Waco laid bare for the world to see. Yet the establishment press didn't breathe a word....."

Newsmax - Inside Cover 9/22/99 Carl Limbacher "..."Unfortunately, we saw in the Waco tragedy the blurring of the lines between domestic law enforcement and military operations: an operation carried out pursuant to a strategy designed to demolish an 'enemy,' utilizing tactics designed to cut off avenues of escape, drive an enemy out, and run roughshod over the 'niceties' of caring for the rights of those involved. The protestations of the Attorney General to the contrary, that she authorized the injection of debilitating CS gas into closed interior quarters with no ventilation where dozens of women and children were concentrated out of concern for the children, do not match the Government's actions...."

Newsmax - Inside Cover 9/22/99 Carl Limbacher Barr/Schiff "I seriously question the role of military officers being involved in strategy sessions as on-site 'observers,'the presence of foreign military personnel, and the use of military equipment such as armored vehicles. Contrary to the conclusion of the [majority] report, I am not convinced that the separation between military operations and domestic law enforcement, codified in the U.S. Code's 'Posse Comitatus' provisions, was not violated in the Waco operation."

Newsmax - Inside Cover 9/22/99 Carl Limbacher Barr/Schiff "The Government used the FLIR [Forward Looking Infrared Radar] tapes to buttress their arguments that no shots were fired on April 19 from the outside of the compound into the compound, and that the fire that destroyed the compound was not started from the outside or by the Government vehicles.... On further examination of the FLIR tapes, after the hearings and in discussions with private parties who have reviewed the tapes, I believe sufficient questions have been raised to warrant further study of these two issues: were there shots fired from outside the compound into the compound on April 19th, and were the fires started - intentionally or unintentionally - by the armored military vehicles or personnel therein."

Newsmax - Inside Cover 9/22/99 Carl Limbacher Barr/Schiff "While the [majority] report concludes that the evidence clearly establishes that the fire that eventually consumed the Branch Davidian structure was started inside by the Davidians, I think that the most that can be said is that the fire may have been started inside, and even if it did, the evidence that it was deliberately set is inconclusive.... At least some of the fires may have been caused as a result of the demolishing efforts of the armored military vehicles."

Newsmax - Inside Cover 9/22/99 Carl Limbacher Barr/Schiff "Government documents clearly show deliberate efforts by Government attorneys to stop the collection of evidence and possibly cover-up evidence the Government did not want to be available later on.... I consider it extremely serious, especially when considered with evidence that two of the ATF agents [were] first disciplined and fired and then later reinstated and [had their] records sealed.... Documents explicitly showed that - 'DOJ [Department of Justice] does not want Treasury to conduct any interviews...[that might] generate...material or oral statements which could be used for impeachment'- of Government witnesses.... In handwritten notes, taken at some point during the seige, Government attorney Ray Jahn directs that interviews are to stop because exculpatory statements may be generated."

Newsmax - Inside Cover 9/22/99 Carl Limbacher Barr/Schiff "Important evidence was not available [to the committee] because of tactics by the Government and minority members of the subcommittees to keep evidence out of our hands, such as the weapons taken by the Government from the burned Davidian compound. We were never able to test the weapons to determine whether they were in fact unlawful weapons as the Government charged (which provided a primary justification for the Government's initial action against [David] Koresh and the Branch Davidians)."

THE BOSTON PHOENIX 9/17/99 David Greenwood ".... LULA KNEW IT was coming, even if Janet Reno didn't. Years before FBI agents cannon-blasted nerve gas into the compound at Waco, she warned me that things were going to go badly for the people she called the Shepherd's Rod. Though their survivors call themselves Students of the Seven Seals, six years after their plywood tinderbox of a compound became a national pyre they are seared into our national psyche as Branch Davidians. Since the contested opening shots of the February 1993 raid they have haunted us, but they'd been bothering Lula, my grandmother, for 60 years. .....Whether or not an investigation 'reveals that the FBI used incendiary devices in the final assault the reality is that the fatal error occurred much earlier: federal agents simply had not taken the Davidians seriously enough to do homework on the sect's apocalyptic beliefs. Had the Bureau of Alcohol, Tobacco, and Firearms (BATF) and the FBI truly understood that these people viewed a cataclysmic governmental confrontation as their birthright and hoped they might have realized that their weapons raid would not be an easy operation. They couldn't grasp this specific and most American of eschatologies, born in New England more than a century ago: a scenario in which the faithful, chased by the government into a corner, wait without compromise until God splits open the sky, spilling out angels to defend them - or let them die. Bolstered by this fatalistic faith, the Davidians weren't as easily dominated as federal agents seem to have expected. Nor were they as helpless as the current mythology has it....... The only way the outcome could have been different was if the commando raid had never been staged in the first place Once the Davidians were trapped, prophecy kicked in -and they "are not going to come out of that compound in this life," as Carol Moore, author of the 1995 paperback The Davidian Massacre (Legacy Communications), told me, "The reasons for staying in the compound were both practical and religious. The BATF agents were shooting at the doors, for one thing, but ...Davidians were also waiting to hear what God had to say." .....Janet Reno's investigation may clear up the matter of whether the FBI started the fire, but it won't change the fact that the Davidians expected to die there. ..... In the last year of her life, two years after the fire and before Koresh did not rise, Grammy took me out on the sitting porch of the house I grew up in and sat me down for a private conversation. It was a November evening in Maine, night coming on early, and we sat in rocking chairs as the twilight deepened. She told me she didn't think she'd live much longer, but maybe that was best, as she was getting so tired and weak that she didn't know if she was strong enough to face the Time of Trouble anyway. Softly, she said she hoped I was ready for the events to come. We looked through the picture window into the black, and knew she was seeing the same fearful vision that the Students lived, the nightmare flip side to the American dream. Imagining cannons and guard dogs, bullets and tanks, and then - at long last - the end, Grammy held my hand in the darkness, waiting...."

SpinTech Magazine 9/12/99 Vin Suprynowicz "...So now the FBI, whose agents and poobahs have sworn for years -- under oath, in front of Congress -- that none of them fired any incendiary devices into the Branch Davidian Church in Waco on that fiery day in April of 1993, seems ready to admit (faced with hard evidence in the possession of George W. Bush's Texas Rangers) that they did, well, you know, lob in a round or two. It should hardly matter. Knocking down the walls and staircases of a wooden building to which one has illegally shut off the electricity -- being well aware you have left the residents (including women and children, none wanted for any crime) to heat and light the place with kerosene, using tanks (sorry, "armored personnel carriers") to spray flammable CS nerve gas (banned under the Geneva convention) into a building whose residents have found cause to pile bales of flammable hay against the walls to block federal machine-gun bullets, and then purposely keeping fire engines miles away, would constitute grossly negligent homicide in most jurisdictions, anyway. ...."

SpinTech Magazine 9/12/99 Jon Dougherty ".... We have also learned that indeed members of the Army's elite Delta Force were not only present during the assault -- as earlier "right-wing wacko" reporters revealed -- but were instrumental in convincing Attorney General Janet Reno to approve the assault in the first place. "Everyone involved knows they were there," Francis told Morning News reporters this week. But he continued. "If there is an issue," he said, "it was what was their role at the time. Some of the evidence that I have reviewed and been made aware of is very problematical as to the role of Delta Force at the siege." Amen. What the hell were they doing there? Furthermore, the paper reported, "A Department of Defense document released under the federal Freedom of Information Act confirmed that members of a classified Army Special Forces unit were in the area when the FBI's hostage rescue team used tanks to assault the compound with tear gas." Game, set, and match. Not only did Francis and the DOD confirm the presence of the Delta Force, Francis -- citing evidence he has "reviewed and been made aware of" -- subsequently implied that Delta Force troops may actually have taken part in the assault, as has been alleged by other investigative "wackos" for years. Before you dismiss that out of hand as "kooky," "illogical," or "extremist," remember that Francis was the one who blew the whistle about this new evidence in the first place. And remember too that so far, he's batting 1000...... What was it you liberal Doubting Thomases were calling people like me a few years ago? "Right-wing-extremist-wacko-loser-conspirator?" Tell me, what's "right wing" about being correct? And are you people now going to apologize for misjudging those of us who recognized the government's lies several years ago as garbage? ..... Thank God the Texas Rangers got in there before the government so hastily bulldozed all of the evidence. There's no telling what we're going to find out next. But I'll bet if there's any new information coming, us "right-wing extremists" will be proven correct -- again......"

SpinTech Magazine 9/12/99 Thomas Knapp "...In July, after documentary researcher Michael McNulty (a producer of the Oscar-nominated Waco: The Rules of Engagement) received permission to examine the evidence gathered by the Texas rangers in the wake of the conflagration, four incendiary devices -- commonly referred to as "flash-bangs" -- surfaced. They had originally been misidentified as homemade silencers, presumably in order to substantiate the ATF's oft-stated (and, as yet, wholly unproved) claims that the Branch Davidians were stockpiling "illegal" armaments. What's more, the evidence mapping reveals that these devices were recovered from the parts of the Mount Carmel building where the fatal fires started..... "Flash-bangs" are designed to stun and immobilize their targets. Being trapped in a burning building does not combine well with having one detonated next to you. Furthermore, the primer charges in the devices are known to start fires in small, enclosed spaces. Spaces like the rooms at Mount Carmel, where kerosene lamps were tumbling over and spilling as the tanks rammed the walls. There, the atmosphere was full of CS, a "riot agent" that produces potassium cyanide when ignited, suspended in a flammable delivery solution. ......One wonders if the "lost" evidence from the first Congressional hearings into the matter -- things like the ATF's videotape of the initial raid, the door from Mount Carmel Center, and other conveniently missing items -- will resurface this time around...... Reno would be an international fugitive if she was the Attorney General of Yugoslavia. She would be on death row if she had thrown a CS grenade into someone's kerosene-lit house and then rammed it with her pickup truck after beating them unconscious. But since she committed her crimes using the surrogate agents of the BATF and FBI, and since those crimes reflected the official policy of a government run amuck, she has her freedom. For now. .....

9/23/99 Julia Malone Cox News Service "....Senate Judiciary Committee Chairman Orrin Hatch, R- Utah, who is supposed to have jurisdiction over the matter on his side of Congress, said yesterday that no one told him about the Senate aides traveling to Texas either. The congressional investigators had been sent by Sen. Arlen Specter, R-Pa., who has been angling to lead a special task force to examine the ending of the Branch Davidian siege. But Specter wants to expand the panel's scope to include a slew of other controversies, including campaign finance scandals and spying at the national weapons labs. That plan is criticized by Democrats, who would prefer that the Judiciary Committee conduct the investigation..... However, 6 p.m. came and went with no announcement. The debate over the scope and form of the Senate investigation continued behind the scenes...... Reassuring the senators that he had been moving "expeditiously" since he was named to his post Sept. 9, Danforth laid out his progress so far. He said he has chosen eight staff members, found office space in St. Louis, and arranged with the U.S. postal inspector's office to provide investigators....."

Drudge 9/21/99 Ann Coulter "…At the same hearings on August 1, 1995, then-Representative Chuck Schumer was more concerned about someone, somewhere believing a "conspiracy theory" than the possibility that the federal government staged a military assault on American citizens. Straight away, he announced that one of only two "criteria" for judging the hearings a "success" was whether they avoided giving "new life to conspiracy theorists." He took a shot at this worthy goal by inanely perseverating denunciations of the mythical "conspiracy theorists" throughout the hearings. He variously demanded that the committee "refute . . . conspiracy theories that surround Waco" -- the ones "that some from the conspiracy theory industry have put out" -- prattled incomprehensibly about (and I quote) "Darth Vader helmets," and concluded, "we need help from everyone in refuting outlandish charges and conspiracy theories." And none too soon either, what with "conspiracy theorists" gassing people’s homes and shooting Randy Weaver’s wife, son and dog -- oh, whoops! -- no, that was the FBI. But just mention the mythical "conspiracy theorists" out there, and the facts are irrelevant. Schumer ultimately judged the hearings a qualified success, incidentally, because charges "about the ATF agents with Darth Vader helmets . . . are not leveled anymore." …… Representative Schumer went on to demonstrate his mastery of grenades when he contemptuously sneered during the hearings that "flashbang" grenades are harmless. As Representative Bob Barr (R-GA) soon pointed out -- with the concurrence of the ATF agent testifying -- flashbang grenades can blow off a face or a limb. Indeed, flashbang grenades are classified as "destructive devices" under federal law. Perhaps Representative Schumer had been too busy practicing saying "conspiracy theorist" over and over again before the hearings to have time to brush up on his flashbang grenades…… "

 

The Dallas Morning News Scott Parks 9/26/99 "....Critics call the Branch Davidian siege a prime example of what can go wrong when law enforcement targets civilian suspects with military-inspired tactics. James Terry Scott, a retired Army general now teaching at Harvard, said new investigations of the Waco siege should focus on policy questions about military involvement. "If any good comes out of these new investigations, it will be to redraw a bright line between the military function and the police function," said Gen. Scott, director of national security programs at Harvard's John F. Kennedy School of Government...."

The Dallas Morning News Scott Parks 9/26/99 "....The military spent money at Waco to train federal agents in urban warfare tactics and the firing of 40 mm grenade launchers. The military also supplied tanks, helicopters, aerial reconnaissance, munitions and support personnel, according to the GAO report. Recently released records show that super-secret commando units, including members of the elite Delta Force and the British Strategic Air Service, came to Waco during the siege. But the Pentagon says they were only observers and never fired a shot. Throughout the operation, records show, Army lawyers argued about how far soldiers could go in support of civilian federal agents without breaking laws against their direct participation in the initial raid and lengthy siege......"

The Dallas Morning News Scott Parks 9/26/99 ".... Justice Department figures show that most U.S. police departments in cities with more than 100,000 residents have paramilitary units and that active military units have trained almost half of them..... The Cato Institute, a Washington, D.C. research organization, recently published a paper titled, "Warrior Cops: The Ominous Growth of Paramilitarism in American Police Departments." Diane Cecilia Weber, who researched the paper, argued that police are supposed to use minimum force on suspects and deliver them to court. The military, however, is trained to inflict maximum damage on targets and kill the enemy. "The use of paramilitary tactics in everyday police work should alarm people of good will from across the political spectrum," she said....... "

The Dallas Morning News Scott Parks 9/26/99 "....Harvard's Gen. Scott, who commanded Delta Force and other Army Special Operations groups after the Waco siege, said the real issue is whether military tactics should have been used against civilian targets. "The forced entry into a compound like that is a very specialized business," he said. "As a military officer, I'm not sure the military solution is the right solution for law enforcement." ....."

The Dallas Morning News Scott Parks 9/26/99 ".... Government policy requires that Delta Force's mere existence be kept secret. Known formally as the Combat Applications Group or Special Operations Detachment-D, Delta Force is based at Fort Bragg, N.C. It specializes in urban warfare and hostage rescue. Delta commandos are expert in the close-range use of automatic weapons and explosives to enter buildings, rescue hostages and kill terrorists. Gene Cullen, a retired CIA officer, has said Delta Force soldiers told him that their unit participated in the FBI's final tear-gas assault on the Branch Davidian compound. Congressional investigators are checking out Mr. Cullen's story. ...."

The Dallas Morning News Scott Parks 9/26/99 "....In response to questions about the presence of the military's special operations groups at Waco, government lawyers have acknowledged that as many as 10 "technicians and observers" were present at various times through the siege. What equipment they operated and their identities are "classified," government lawyers said in court papers. "Classified" means the federal government believes it can keep the information secret in the interest of national security. Plaintiffs' lawyers contend the government's cloak of national security is meant to conceal embarrassing facts...".

The Dallas Morning News Scott Parks 9/26/99 "....On Dec. 4, 1992, almost three months before the raid, ATF decided to seek military assistance to serve its warrants at the Branch Davidian commune, according to government records. ATF learned it could go one of two ways. Agents could seek military assistance under federal laws that would require them to reimburse the Department of Defense for manpower and equipment. Or they might qualify for free military support if evidence of illegal drugs came up in their investigation. ATF began looking for a drug connection on Dec. 14, 1992, according to GAO investigators...... An eight-man team of Green Berets would be dispatched to Fort Hood, an Army base near Waco, to train more than 50 ATF agents before the raid. But within military channels, lawyers from Joint Task Force 6 and Army Special Operations Command clashed over how to make sure the Green Berets' mission was legal. Finally, lawyers for special operations forces won their struggle to limit the Green Beret training mission. Army medics could train ATF agents how to treat "battlefield" injuries but could not attend the raid. The Berets could train ATF agents in the use of sophisticated firearms, but could not teach them close-quarter battle tactics. And the Berets could teach ATF how to develop an attack plan but not participate in preparing or rehearsing a specific plan against the Branch Davidians. The training at Fort Hood went off as planned Feb. 25-27. ATF raided the Branch Davidians the next day...."

The Dallas Morning News Scott Parks 9/26/99 ".... Military records also indicate that the ATF believed the raid might lead to "a long-term siege." A month before the raid, ATF requested a list of "on-call" equipment it might need from the military. The list included seven armored Bradley fighting vehicles. Soldiers could not drive them during the raid without violating federal law, but could train ATF agents to drive them. The list also included 100 gas masks, 500 sandbags, 90 sleeping bags, 15 night vision goggles, a water tank truck. Ten tents, including one for "VIP sleeping" and one for "VIP meeting," were requested along with electric generators and smoke generators "to cover two square kilometers with concealment smoke." When told of these records recently, attorneys for Branch Davidians said they never understood the depth of military involvement. "They [ATF officials] prepared for war against their own citizens," said Rocket Rosen, a Houston attorney who defended one Branch Davidian accused of murdering ATF agents during the raid......"

The Dallas Morning News Scott Parks 9/26/99 "....Records show FBI requests for military assistance throughout the 51-day siege: the loan of M-1 Abrams tanks, helicopters and big combat engineering vehicles. Military authorities required federal agents to "obscure" U.S. Army markings on any tank, armored vehicle or aircraft "used in an assault role" at Waco, according to records. The FBI also requested and received training in the use of 40 mm grenade launchers, according to the records. Other records suggest the Branch Davidian siege became a real-time laboratory to study Military Operations on Urban Terrain, or MOUT in Army parlance. Records show that at least one commando from the elite British Strategic Air Service, the model for Delta Force, came to Waco as an observer. ..."

The Dallas Morning News Scott Parks 9/26/99 "....Another document says a former FBI agent working for a private defense contractor "probably initiated" an FBI request for high-tech surveillance robots equipped with "day and night cameras, forward-looking infrared imaging sensors, acoustic sensors, video recorder, and two-way voice communications." Three robots, all prototypes, were shipped "direct from the factory" to Waco on March 8. They were accompanied by two civilian technicians, a Marine Corps major and an Army captain from U.S. Army Materiel Command. A final entry on the robot records said, "Personnel have been briefed on restrictions on military involvement in civil law enforcement." ...."

ABC Yahoo 9/26/99 Freeper cornelis "....A former aerial reconnaissance wing of the Alabama Air National Guard was apparently involved in the siege of the Branch Davidian compound near Waco, Texas. In 1993, the Birmingham-based 117th wing of the Alabama Air Guard was a photo recon group and was given the mission of flying one or more flights over the Davidian ranch, taking aerial photos for use by the FBI. The flights were authorized through the "illegal drug control" agreement between the guard and federal government...."

AP 9/26/99 ".....The Republican senator leading a special investigation of the Justice Department said Sunday he was confident Democrats eventually would join his task force. Democrats said last week they would not participate in what they said was partisan investigation of the Clinton administration....... Specter said there were also "real questions as to whether it's advisable to hire Chuck LaBella'' to lead the panel's investigation...... Specter said he was aware of concerns of a conflict of interest and "I'm not going to make a judgment on that until I discuss it with Sen. Leahy and other Democrats.'' ..."

THE WASHINGTON WEEKLY 9/27/99 Edward Zehr "....At the time of the Waco holocaust few were aware of what had happened at Ruby Ridge. Pournelle comments: "This puts things in a far more sinister perspective. Not only do we have the man who changed the rules of engagement from return fire to shoot on sight, but we have with him, in a position of authority, armed with armed subordinates, West Point graduate Horiuchi, the man willing to carry out the shoot on sight order."......The point he is making here is that the rules of engagement had formerly prohibited FBI agents from firing at suspects unless their lives were in danger. The rules were relaxed at Ruby Ridge to permit the shooting of these "white separatists" in cold blood, even though the Supreme Court had previously ruled this to be unconstitutional.....according to a December 1995 report in Midwest Today, a deputy court clerk testified that he had informed Idaho Judge Harold Ryan that the date on Weaver's summons was erroneous. However, the judge simply ignored him and signed a bench warrant for Weaver's arrest, despite the fact that the summons ordered Weaver to appear six days later. Clearly the fix was in.......State and federal law enforcement authorities quickly assembled a force of more than 400, equipped with armored personnel carriers, helicopters and sophisticated weaponry better suited to fighting a full-scale war than subduing a "family, including two children and an infant, huddled in a plywood shack," the newspaper observed.......Weaver and Harris were both charged with first-degree murder -- and acquitted. Weaver was to serve 16 months for failing to show up in court, even though he had been given the wrong date on which to appear. The government eventually had to pay several million dollars to Weaver and his family in settlement of legal claims resulting from the siege. ..... "

THE WASHINGTON WEEKLY 9/27/99 Edward Zehr "....Should these two worthies choose to attend the premiere of McNulty's film they will no doubt get an eyeful. Among the new revelations contained in the footage obtained under the Freedom of Information Act is infrared film from a surveillance aircraft showing figures crouching behind Bradley fighting vehicles, out of sight of the press. A series of bright flashes is seen, which analyst Edward Allard, formerly an Army expert on Forward-Looking Infrared (FLIR), identifies as gunfire, some of which is aimed at the door of a concrete storage room where women and children had taken refuge..... The figures are believed to be members of Delta Force, firing at the Davidians from concealed positions behind the armored vehicles. The FBI dispute that the flashes of light were caused by gunfire, but then they have also maintained that government personnel had remained inside the vehicles during this part of the operation....."

THE WASHINGTON WEEKLY 9/27/99 Edward Zehr "...........Brooks also writes that the film alleges the FBI "used at least six Defense Technologies flash-bang devices -- which spew flames, smoke and heat -- inside the compound in the seconds before the fire broke out."....... records found by McNulty in the Rangers' evidence locker indicate that at least three of the expended flash-bangs "were found at or near the places that officials said the fires started." But the film makers say that they are withholding some of the best details until the film has been seen by the public. "We don't want to give any of them a chance to form their public positions before everyone sees it at the same time," said Aric Johnson, who is also the film's technical director...... "

THE WASHINGTON WEEKLY 9/27/99 Edward Zehr "....Gregg Easterbrook, writing in the Sept. 10 New Republic, reveals that The General Accounting Office has reported that "the FBI obtained from the Army 250 high-explosive 40 mm rounds of the type fired from infantry grenade launchers." Noting that firing even one of these munitions could have killed innocent bystanders, such as Davidian children within the compound, Easterbrook wonders "what valid law enforcement purpose the FBI, supposedly managing a hostage situation (the children), could have had in mind for 250 high-explosive projectiles designed to cause general destruction."........"

THE WASHINGTON WEEKLY 9/27/99 Edward Zehr "....John Culbertson, writing for "Frontline", finds the video of the helicopters, taken during the initial BATF assault on the compound, troubling as well. Although the press were told that the BATF agents in the helicopters were there as "air controllers" and "observers", Culbertson notes that they were armed with AR-15's, in addition to the sidearms they usually wore. It seems that government officials later attempted to deny that long guns were taken on the helicopters even though they are clearly visible in the BATF video. Culbertson also notes that in the segment taken while the helicopters were overflying the compound "there is a suspicious pop, pop, pop in the sound track that sound suspiciously like gun fire."...... there is no question that the BATF agents directed heavy fire into the Davidian compound. One agent was observed crouched behind a vehicle, firing blindly into the building (that was full of women and children) -- a technique known in the trade as "pray and spray." The basic issue involved here is who started the shooting..."

THE WASHINGTON WEEKLY 9/27/99 Edward Zehr "....High-ranking officials of the BATF have testified before Congress that their agents were "ambushed" by Davidians who fired through the two front doors of the Davidian compound as the agents approached. Thus when BATF agents "returned fire" they were only defending themselves. They told Congressman Charles Schumer that the fusillade had been so intense that the doors had actually "bowed outward". In fact, the BATF officers maintained, they had videotapes that showed the first shots being fired through the doors from inside the building...... The BATF told Congressman Schumer's committee that the videotapes were "missing" (surprise, surprise) and that one of the front doors could not be found either. What's more, the single door that was recovered showed conclusively that bullets had penetrated it only from the outside. There was no evidence that the Davidians had returned fire through the door. Ah, well it must have been the OTHER door that was bowed outward then, you know -- the one that's "missing." See, this was a highly segregated gun battle; the Davidians fired only through one door and the BATF "returned fire" only through the other one..... With an ostentatious show of disdain, Chuckie Schumer dismissed the "missing" door as "irrelevant." Let's see now, the one door that was recovered indicates that the BATF agents fired into the building and the other door, the one that is said to be "bowed outward" due to the intense barrage of gunfire let loose by the Davidians, is "missing." Conclusion: the Davidians fired first, and the evidence of this is "irrelevant."....if the government agents fired first they violated the Rules of Engagement, and every subsequent act of theirs involving deadly force "was clearly both a Federal and Texas State felony." ...."

Salon Robert Bryce 9/27/99 ".... But some of the new evidence has emerged as a result of ongoing friction between the Texas Rangers and federal law enforcement authorities, particularly the FBI. Indeed, some of the most inflammatory statements that have been made in recent weeks about the discovery of the incendiary devices and sniper cartridges have come from James B. Francis Jr. -- chairman of the Texas Department of Public Safety commission that oversees the Rangers. In late July, Francis told the Dallas Morning News that the DOJ's years-long efforts to prevent the public from seeing the evidence was "in effect a cover-up. It is not intended to be, but in effect it is. It is a complete stonewall."....... Dick J. Reavis, author of "The Ashes of Waco: An Investigation," one of the most thorough treatments of the siege and its aftermath, says the motivation for the DPS investigation and Francis' statements is clear. "I think the Rangers are trying to get even. It's the Rangers saying to the Feds, 'Fuck you guys,'" Reavis said. Both the Rangers and the FBI are reluctant to discuss the friction between the law enforcement agencies, which stems from a territorial struggle during the confrontation at the Branch Davidian compound. "There's nothing to it," said one FBI source. Mike Cox, a spokesman for the Texas Department of Public Safety, also refused to address the issue: "We work with the FBI every day all across the state of Texas. We are just responding to a subpoena from the House government oversight committee," Cox said. Perhaps. But it's clear that over the past year or so, the Rangers have lost their patience with federal authorities. As the caretakers of 12 tons of evidence collected from the Branch Davidian site, the Rangers were caught between members of the public who wanted to look at the evidence and the Department of Justice, which apparently wanted to keep the evidence away from critical eyes...."

Post Dispatch Terry Ganey William Freivogel 9/27/99 "....* As the inquiry unfolds, Attorney General Janet Reno could become a target. ....... And while Dowd's selection still meets with wide approval, a few are wondering how he can be seen as impartial after working for Attorney General Janet Reno, potentially a target of the investigation. In an interview with the Post-Dispatch last week, Jim Nelson, the former head of the FBI in St. Louis, questioned why, if FBI agents couldn't be used to investigate FBI tactics, Dowd could still investigate his former boss, Reno, and her colleagues. "I am not concerned about Ed's integrity," said Nelson, who is now chief of security for Enterprise Rent-A-Car in St. Louis. "It is a concern about perceptions. He worked for Janet Reno. If it is perceived that the FBI shouldn't look into Waco, and I think this is correct, then where is the perception of the chief investigator looking into a former boss and colleagues?"....Danforth said he had considered whether Dowd's role in the Justice Department should disqualify him. He decided that the pool of U.S. attorneys was the most likely place for him to find his top investigator. He needed a prosecutor, and any past prosecutors would probably already be involved in cases that would pose conflicts of interest. He said he also thought that "the connections between the U.S. attorney's office in St. Louis and the FBI or ATF in Washington were probably remote."...."

Post Dispatch Terry Ganey William Freivogel 9/27/99 "..... A conservative newspaper, the Washington Times, last week called for Dowd to step down from the Waco case because of his high-profile campaigning against Proposition B, which Missouri voters defeated April 6. The newspaper said Dowd had been compromised by questions of whether by campaigning from his federal office he used taxpayer funds to oppose the legalization of concealed weapons......Regarding his opposition to the concealed weapons ballot issue, he said: "I see no connection between my stand on a political matter and this investigation. It was a position I took as chief law enforcement officer of Missouri." The Justice Department has investigated and concluded that Dowd did not misuse his office in the matter...."

Post Dispatch Terry Ganey William Freivogel 9/27/99 "....."He is sensitive to political nuances and implications of what's being done here," said the lawyer, who spoke on the condition he would not be named. "I don't think he and Danforth will take scalps just because they can or just because they want to vindicate themselves. If it's not there they will say so." Dowd was an assistant U.S. attorney from 1979 until 1984, when he left to work for Dowd & Dowd, the family law firm downtown. He comes from a family of judges and prosecutors. His father, Edward L. Dowd Sr., was an FBI agent, the St. Louis circuit attorney from 1952 to 1955 and the Democratic candidate for Missouri governor in 1972...."

Washington Post 9/26/99 Richard Leiby ".....David Koresh needed a drummer. David Thibodeau needed someone to believe in. The rest was tragedy. .....At 24, he witnessed a holy war, complete with tanks and helicopters, shooting and killing, gassing and burning. He hung in for 51 days, the longest and deadliest siege in U.S. law enforcement history. He says he was ready to die for the biblical "truth" as taught by Vernon Howell--a k a David Koresh--the beer-swilling, Marlboro-smoking, Harley-riding, sex-craving redneck prophet of Waco. "My friend and teacher," Thibodeau calls Koresh in his just-published memoir. Others may consider Koresh a depraved cult leader, but Thibodeau remembers him as a gentle and sincere man who preached "an incredible message that was 100 percent spiritual." And, lest the world forget, Koresh also was an accomplished guitarist who could blaze the frets like Peter Frampton and loved to belt out Ted Nugent tunes in local bars. This messiah majorly rocked..... ."

Tribune Herald Mark England 9/26/99 ".... U.S. District Judge Walter S. Smith Jr. of Waco has a decidedly no-nonsense image. But friends such as 170th State District Judge Joe Johnson and attorney Noley Bice firmly insist Smith is "a good guy" who can take a joke. Johnson does add the disclaimer, "Not that I would try that in his court," though...... Predicting his rulings in the upcoming wrongful-death lawsuit by surviving Davidians against the government may not be as easy as some may think, however. His history shows that it's best not to make too many snap judgments about Smith. .... ...... Dunnam remembers being questioned by the FBI on Smith's fitness to be a judge. "They were concerned whether he had any prejudices," Dunnam said. "I told them that he was the first lawyer in Waco to file a lawsuit on behalf of a woman for sexual discrimination. The woman worked at General Tire. Stout old girl. She could do the work of any man. That seemed to satisfy them." .....After his appointment, Smith quickly became known as a stickler for judicial decorum. His friend, Robert M. Campbell, former associate justice of the Texas Supreme Court, poked fun at Smith's air of formality by addressing him at a roast as, "Your Excellency." ..."

Tribune Herald Mark England 9/26/99 "....Smiles, by and large, are left at the door to Smith's courtroom. Men must wear a coat; women, dresses or a suit. A slew of blue coats line the wall outside for the forgetful. Media trying on one, however, get a shake of the head from security. Smith hasn't forgotten that coats flew out of the courthouse when a flock of national media descended on the federal courthouse following the raid on Mount Carmel...."

Tribune Herald Mark England 9/26/99 "....Court personnel said they are always struck by the deference Smith shows the jurors in his courtroom. The impatience sometimes evident in his voice when dealing with attorneys vanishes, replaced by tones of warmth and sincerity as he carefully explains to jurors their duties and thanks them for their service to the community. Despite Smith's reverence for jurors, he's not shy about overturning their decisions....."

Tribune Herald Mark England 9/26/99 ".....Even attorneys who have clashed with Smith have called him fair - although some like Doug Tinker of Corpus Christi qualify their response. "I've said before that I don't think he can escape his rearing," said Tinker, who represented Davidian Brad Branch five years ago. ......"If Mr. (Bill) Johnston or Mr. (Ray) Jahn said, 'We don't have anything like that,' that was the end of it," Tinker said. In light of the FBI admitting after six years that it used incendiary devices at Mount Carmel, Smith won't be as likely to take the government's word at the upcoming civil trial, Tinker predicted. "He's a man who, I think, tries to be fair," Tinker said. "When a man like that finds out he was misled, he can become very angry. He takes it as a reflection on him."

In a recent letter to John Danforth, who is heading the investigation into the FBI's actions at Mount Carmel, Smith wrote that he hopes the civil proceedings in Waco - which have been postponed - will "help restore the public's confidence in the government." Bice said he would only bet that Smith tries to live up to his sense of right and wrong....... "And we were allowed to present our case. My only problem with Walter is that he always has the last word, and I have to live with it."..."

Associated Press 9/25/99 Jerry Schwartz "....Was the government justified in its campaign against David Koresh -- rock 'n' roller, polygamist and self-proclaimed Christ...... It is widely known that Koresh had wives as young as 14, and had sex with others even younger. He had appropriated the wives of all the Davidian men; his children, he claimed, would rule the world. But the ATF said Koresh was depraved in other ways. It alleged that he was running a methamphetamine lab. None was ever found. David B. Kopel and Paul H. Blackman, in their book ``No More Wacos,'' say the drug allegations were a ruse -- the only legal pretext whereby the ATF could seek the military's help....... The main charges against Koresh and his followers were that he was breaking firearms laws -- more specifically, converting guns into machine guns. The ATF said Koresh had spent $199,715 in the previous year to buy guns, gun parts and other components, enough to build a fearsome arsenal. There were many guns at Mount Carmel, but Koresh's supporters and lawyers argue that most were made or bought for profit. ``All gun dealers stockpile weapons,'' Dick Reavis, author of ``The Ashes of Waco: An Investigation,'' told a congressional hearing.

Warrants in hand, the ATF decided to arrest Koresh at Mount Carmel with a major flourish. The reason, agents said, was that he was a recluse, rarely seen outside of the compound. But local newspapers and others reported that he had been seen at an auto repair shop, at two local bars, at a junkyard and jogging down the road...."

Associated Press 9/25/99 Jerry Schwartz "....At 9:48 a.m. on Feb. 28, ATF agent Roland Ballesteros approached Mount Carmel's door and shouted ``Police! Lay down!'' But the Davidians knew they were coming. Earlier that day, a KWTX-TV cameraman James Peeler encountered a postman and asked for directions to the Branch Davidians' place. Reportedly, Peeler told the mailman he'd ``better get out of here because ... they're going to have a big shootout with the religious nuts.'' Peeler did not know that he was speaking to a Branch Davidian -- David Jones, Koresh's brother-in-law. An ATF agent who had infiltrated the Davidians, realizing that the secret was out, excused himself and reported that the ATF had lost the element of surprise. Nonetheless, field commander Charles Sarabyn pressed forward, and would insist later that he was not aware that the secret was blown....."

Associated Press 9/25/99 Jerry Schwartz "....Who started the shooting? The government has always insisted that the Davidians did. ``They were throwing everything at us,'' ATF agent Jim Cavanaugh told Congress. ``Their guns sounded like cannons and our guns sounded like pop guns.'' .... But during the shootout, members of Koresh's group called 911. ``We ain't firing. That's not us. That's them,'' cried Steve Schneider, Koresh's top aide. Wayne Martin, another member, made the first call: ``Tell them there's women and children in here and to call it off.'' ....."

Associated Press 9/25/99 Jerry Schwartz "....Koresh frustrated the negotiators. He would bend their ears for hours with what they called his ``Bible babble.'' He promised an end to the siege, and then changed his mind -- or rather, he said God had changed his mind. The rescue team, meanwhile, was hitting the compound with bright lights and noise: the squeal of rabbits being slaughtered, the high-pitched tone of a phone off the hook, dentist's drills, helicopters. They turned off the Davidians' electricity and refused to deliver milk for the children....... And the good cop-bad cop conflicts convinced the Davidians ``that the negotiators had no influence over the decision makers and that the FBI was not trustworthy,'' said Edward S.G. Dennis Jr., who led a government investigation into the FBI's actions....."

Associated Press 9/25/99 Jerry Schwartz "....He offered to send out 6-year-old Melissa Morrison, if he could talk to Robert Rodriguez, the undercover agent who had warned the ATF of the lost element of surprise; the FBI refused, and Melissa died with her mother, Rosemary, on April 19...."

Associated Press 9/25/99 Jerry Schwartz ".... April 19 gives rise to the darkest questions of all. Koresh's attorneys are convinced that they had a deal; Koresh would finish his magnum opus -- an explanation of the Book of Revelations' Seven Seals -- and then surrender. But the FBI believed Koresh was stalling, and would backpedal once more. The bureau convinced Janet Reno that more must be done. Her reasons: Koresh was becoming more erratic. There were reports that the children were being beaten (though these reports were never substantiated). There was concern that the FBI's hostage rescue team was getting fatigued. Reno and the FBI insisted the plan was not to end the standoff then and there. The action was ``not an indication that our patience has run out,'' said bureau spokesman Bob Ricks. It was instead ``the next logical step in a series of actions to bring this episode to a conclusion.'' ..."

Associated Press 9/25/99 Jerry Schwartz "....Reno authorized the use of CS gas -- actually a fine powder that burns the eyes and skin. It was known that the Davidians did not have children's gas masks; it was hoped that the ``maternal instinct'' would lead mothers to bring their children out. Reno says she was assured that CS was safe and not flammable. Critics argue that it is neither, that it could harm or even kill children in high concentrations, that it could feed a conflagration, and that when it burns, it gives off deadly cyanide...... The nine Davidians who escaped the fire denied any such suicide took place. They claimed the FBI's tank squashed containers of propane and other fuels. Perhaps, they say now, the pyrotechnic grenade or some other projectile set off the fire. But that morning, FBI surveillance picked up troubling conversations at Mount Carmel: ``I already poured it. ... It's already poured.'' ``Don't pour it all out, we might need some later.'' ``So we only light 'em at first if they come in with that tank, right?'' ...."

Associated Press 9/25/99 Jerry Schwartz "....``The FBI never fired one shot at the Davidians,'' said Dick Rogers, head of the hostage rescue team. But Michael McNulty, maker of the Oscar-nominated documentary ``Waco: Rules of Engagement,'' says the same overhead infrared footage that showed the fires igniting shows something else: automatic weapons fire into the compound, out of journalists' view. And the Texas Rangers say 12 .308-caliber rifle shell casings and 24 .223 caliber casings were found in a house used by the Hostage Rescue Team. The FBI says the shell casings could have come from ATF agents who used the house during the Feb. 28 shootout. It has been noted that the FBI agent in charge of the post was Lon Horiuchi, who killed the wife of white separatist Randy Weaver at a 1992 standoff in Ruby Ridge, Idaho. Dr. Nizam Peerwani, the Tarrant County medical examiner, would like to revisit his autopsies of the Davidians. ``The focus at the time was not whether the FBI was doing the shooting.'' The corpses themselves will be of little use. Weeks after they were autopsied, the morgue's refrigeration failed. The bodies liquefied....."

Associated Press 9/25/99 Jerry Schwartz "....There are other concerns about the investigation and the evidence.

There were no independent ballistics tests. The Texas Rangers complained that the FBI confiscated their photographs, and returned just a few. Spent illumination flares have turned up in the store of government evidence -- again, devices that could set off a fire, though the government says they were used long before, to illuminate the compound. Mount Carmel's door, which the Davidians believe would prove the ATF was the aggressor, has vanished. Cars and tracks at the scene were destroyed by FBI armored vehicles. A cap worn by one of the Davidians who died that day disappeared and has only recently been found; it may show that he was executed, shot point blank, the Davidians say......"

 

Ft.Worth Star-Telegram 9/25/99 Jennifer Autrey "....On a chilly February morning six years ago, a member of the Branch Davidians dialed 911 and began screaming that gunfire from military helicopters was raking the sect's Mount Carmel compound. "Another chopper with more people---more guns going off. Here they come," Branch Davidian Wayne Martin told the operators. Seconds later, he added. "More firing . .That's not us. That's them!" ...But Branch Davidian survivors say the events of Feb. 28, 1993, deserve equal attention, particularly whether shots were fired from helicopters into the compound. Government officials have never wavered from their position that no shots were fired from the helicopters that day. ....... "Everybody we talked to, including old women who were clearly not threats, said they saw flashes coming from the helicopters," said Jack Zimmermann, a Houston lawyer who represented the Branch Davidians. The helicopters flew in a triangle formation the morning of Sunday, Feb.28. Two small OH-58 Bell Ranger choppers were in front. A UH-60L Blackhawk, big enough to carry 14 soldiers, followed...... Government officials say that the helicopters had no mounted guns and that the ATF agents aboard, although armed did not shoot. In a criminal trial brought by the government against some surviving Branch Davidians, the pilot of the Blackhawk helicopter, Jerry Seagraves, said the aircraft has a mount for a M-60 machine gun that can swing outside the aircraft. But Seagraves told the court that no weapon was mounted on the chopper, although it was carrying eight armed ATF agents. "The doors were closed. There's no way they could have fired out of the aircraft with the doors closed." "The only opened area in the aircraft was the door gunner's window, which they were videoing out of." The commander of the Texas Rangers at Mount Carmel, David Byrnes, said in a recent interview that there was no evidence to indicate agents fired weapons from the helicopters. Bullet holes were found in at least two of the choppers but they came from "hostile fire from the ground." Byrnes said. Byrnes, who had since retired said he believes Koresh's attorney and others are sincere in their belief that shots were fired from the helicopters in Feb. 28 raid. But he said he found "no evidence it happened. . .except for people saying that it happened....."

Ft.Worth Star-Telegram 9/25/99 Jennifer Autrey "....Besides Thibodeau, who is publishing his memoirs, several other Branch Davidians said the helicopters fired on them Feb 28. Marjorie Thomas testified by videotape at the criminal trial that she and two other women saw a person hanging from the helicopter. As the chopper approached bullets came through their window, she said..... Although the government has said the helicopters were never closer than 300 meters from the Mount Carmel buildings, John McLemore, a reporter for Waco TV station KWTX, testified in the criminal trial that he saw the helicopters fly "very close" to Mount Carmel--"within oh, 100 or 200 yards of it before turning around," he said. Further clouding the question is a statement from James Canavaugh an ATF agent who was negotiating with the Branch Davidians during the siege. According to a transcript of audio tapes, Cavannaugh at first said there were no guns on the helicopters ut then reversed himself after Koresh called him a liar. "What I'm saying is that the helicopters didn't have mounted guns. OK?" Can\vanaugh said. "I'm not disputing the fact that there might have been fire from the helicopters. If you say there was fire from the helicopters, and you were there, that's OK with me. What I'm telling you is there was no mounted guns, ya know, outside mounted guns on these helicopters." ...."

Ft.Worth Star-Telegram 9/25/99 Jennifer Autrey "....Dick DeGuerin, Koresh's attorney, thinks he knows whether Cavanaugh was telling the truth to Koresh about gunfire from the helicopters. DeGuerin visited his wounded client's bedroom, atop the 4-story observation tower at Mount Carmel, on March 28 29 and 30 and April 1, 1993. Government officials allowed De Guerin to enter the compound in hopes that he might be able to help end the standoff. "The ATF on the first day fired machine-gun rounds from the helicopter into that room." DeGuerin said. "I saw the bullet holes." DeGuerin said he saw that the Sheetrock was punched out and pieces of it were hanging from the ceiling, indicating that shots had come from almost directly above. Zimmermann, who represented Branch Davidian Steve Schneider, and who entered the compound with DeGuerin, said he also believes that the building was fired upon from the helicopters. "I saw rounds that had come from the sky. If they didn't come from a helicopter somebody was standing on the roof shooting." Zimmerman said. DeGuerin said videotapes from the scene make clear that no one was on that portion of the roof during the raid. "There was no way those bullet holes could have gotten there any other way." ....."

St. Louis Post-Dispatch Washington Bureau 9/24/99 Philip Dine "....- Sen. Arlen Specter, named Thursday to head the Senate's investigation of Waco, has agreed to hold off on interviewing witnesses in deference to Special Counsel John C. Danforth. Specter said it was important to avoid a public "turf battle" with Danforth, who had privately implored him on Wednesday to delay the Senate's probe. Specter said he refused initially to go along, telling Danforth he wanted the Senate to press ahead immediately, before reluctantly changing his mind overnight.

"I slept on it, and decided I didn't want to get into a turf battle," Specter said Thursday.....Specter's change of heart also followed a trip to Washington by Danforth's chief of staff, Tom Schweich, who met with key potential Senate and House investigators from both parties, including Specter. Though he'll wait to speak to witnesses, Specter said he won't back off his plans to secure physical evidence in Waco, out of fear materials and documents could "vanish." And he said that once the 30 days are over, he will proceed aggressively to get to the bottom of Waco. "We cannot abdicate our job to others, nor should we," Specter said. ....... Lott also appointed two other Judiciary Committee members, Charles Grassley, R-Iowa, and Strom Thurmond, R-S.C. The task force, which Lott said will also include two Democrats, will function within the committee. The task force has no time limit on its work, Lott said....."

St. Louis Post-Dispatch Washington Bureau 9/24/99 Philip Dine "....-At a press conference Thursday, Lott said he chose the route of a task force because it's easier to hire staff, the task force can be kept small, he can designate specific members and the Judiciary Committee is too busy. As to his choice of Specter and Grassley, Lott said: "These are two of the most capable attorneys in the Senate." Informed that Grassley is not a lawyer, Lott turned to him and joked, "You act like a lawyer." ...... In his letter to Danforth, Specter said he acted "to take stock of the physical evidence. In light of what has happened with missing pages and missing documents and potential coverups, I thought it indispensable to find out about and secure the physical evidence herewith...The importance of inventorying and inspecting the physical evidence is illustrated on the two pyrotechnic missiles which the FBI admits having fired. Only one projectile case and one photograph of the projectile have been found. The other projectile and case have not been found." ......"

Associated Press 9/24/99 Laurie Kellman "....Senate Democrats are refusing to participate in a Republican-led task force that will investigate how President Clinton's Justice Department handled inquiries into the Waco standoff, campaign finance abuses and nuclear espionage.....``This is a Republican task force. No Democrats have been involved,'' said Sen. Patrick Leahy of Vermont, the senior Democrat on the Senate Judiciary Committee. ``I don't intend to be part of a Republican-organized, partisan investigation.'' At an earlier news conference, Senate Majority Leader Trent Lott, R-Miss., said the task force would be chaired by Sen. Arlen Specter, R-Pa., and would focus on ``what in the world is happening at the Justice Department, why is there no justice at the Justice Department?'' .... [Specter] confirmed he had talked with Charles LaBella about leading the panel's investigation.... ``There are a great, great many questions which are left unanswered,'' Specter, said. ``Things just aren't right,'' agreed Grassley. Sen. Strom Thurmond of South Carolina will round out the Republican side of the panel, Specter said. ...... Hatch did not attend Thursday's news conference on the issue, and later told reporters he grudgingly signed off on Specter's plan. ``I would have preferred it be done another way,'' Hatch said. ``It's out of my hands now.'' Specter was ready to start putting a staff in place. LaBella, he said, ``would hit the ground with a sprint.'' But he added that he will not extend a formal offer to LaBella until after he has spoken with Democrats over the next few days. Concerned that LaBella's stewardship of an investigation that would focus largely on his former boss' performance, Specter said he has received informal approval for the hiring from officials on the Senate Ethics Committee. LaBella would have intimate knowledge of the campaign finance investigation, but Specter said the task force probe would stretch to a third topic, the Justice Department's handling of alleged nuclear espionage by China....."

The Dallas Morning News David Jackson Lee Hancock 9/24/99 "....After days of debate, Senate Republicans created a task force Thursday to investigate both the deadly Branch Davidian siege and the Justice Department and FBI as a whole........ "We'll want to hear what they have in mind," said David Carle, Mr. Leahy's spokesman. "They haven't discussed it with us." Attorney General Janet Reno pledged cooperation with any Senate inquiry...... Also on Thursday, U.S. marshals transferred Davidian-related evidence from Austin to the U.S. District Court in Waco, where a wrongful death suit arising from the siege is pending. ...... Last Friday, U.S. marshals in Texas turned away a Senate investigator working for Mr. Specter when he tried to view siege evidence being held by the Texas Rangers in Austin, officials in Texas said. House investigators had previously been allowed to visit the two large rooms piled with Branch Davidian evidence at DPS headquarters, but marshals sent to Austin to help prepare the evidence for transfer to Waco said further visits would require court clearance. After U.S. District Judge Walter Smith approved a visit, the staffer was briefly refused entrance to evidence rooms again this week, and was told that Mr. Danforth had asked the Rangers not to let him in until the independent counsel's representatives could view it, officials in Texas said....... A Spector aide was eventually allowed in on Wednesday, just before the evidence collection was shipped to the court in Waco, the officials said. The evidence - including boxes of charred firearms, projectiles, bloody police body armor, and audio and videotapes - arrived shortly after noon Thursday at the U.S. District Courthouse in downtown Waco....... Judge Smith ordered the transfer in August after the state DPS complained about being stuck in the middle of an ongoing effort by the U.S. Department of Justice to keep the public and others from accessing the Branch Davidian evidence. In response to a DPS request, Judge Smith also issued an unprecedented order not only taking control of the Rangers' evidence but also instructing the entire federal government to turn over every piece of evidence and every document in any way tied to the Branch Davidian tragedy. ...... He also warned federal officials that they must turn over even classified materials and also must submit originals or explain why they cannot be found and turned over. "I assure you that no one, including myself, will view any such material unless they have proper security clearance," he added. Such materials will be key to determining the number of military personnel in Waco during the standoff and their assigned duties...."

http://www.accesswaco.com/auto/feed/news/local/1999/09/24/938174154.21406.0476.0063.html 9/24/99 Tommy Witherspoon "...A Ryder truck pulled up to the loading dock at the Waco federal courthouse about noon Thursday, but the vehicle, which resembled the rental truck driven by Timothy McVeigh at Oklahoma City, didn't cause federal officials to panic. It was expected and its cargo was known - tons of evidence from the Branch Davidian compound that has been stored by the Department of Public Safety since 1993. DPS officials asked U.S. District Judge Walter S. Smith Jr. of Waco last month to determine who should have control and custody of the materials. Smith relieved the DPS from its duties to store the evidence and ordered that it be transferred to the custody of the federal court clerk in Waco. That was done Thursday, but not before DPS officials inventoried more than 1,800 items, packed them away in 214 boxes over a three-day period and loaded it all into the Ryder truck, according to DPS spokesman Tom Vinger. The truck then was driven to Waco under supervision of the U.S. Marshals Service. Jack Dean, U.S. Marshal for the Western District of Texas in San Antonio, declined to confirm that the truck contained evidence from Mount Carmel....... "

NR Wire (National Review) 9/23/99 "....Yesterday, the Washington Times reported that former senator Jack Danforth's deputy in the Waco investigation, Edward L. Dowd, had a clear conflict of interest since he is himself being investigated by the Department of Justice for misuse of federal resources. As soon as the Times's report came out - and after five months of no developments in the case - the department moved quickly to clear Dowd. Yesterday afternoon, the office of Missouri senator Kit Bond, who had complained about the conflict, was notified that the report on Dowd had been completed. The Inspector General's report concludes that "no misconduct" took place when Dowd, as a US Attorney, lobbied against a Missouri referendum that would have permitted the carrying of concealed weapons. The rapid exoneration of Mr. Dowd contradicted DOJ's statement earlier in the day that the report was not final. DOJ's uncharacteristic haste can only fuel suspicions about Mr. Dowd's independence from the department he is now charged with investigating....."

YAHOO News/AFP 10/6/99 "....The FBI insisted Wednesday its agents did not shoot on cult members in a deadly 1993 siege at Waco, Texas, dismissing a newspaper report that called that denial into question. "We stand by the statements we've made in the past that no FBI agents fired weapons at any point," Bill Carter, spokesman for the Federal Bureau of Investigation (FBI), told AFP. In a story published Wednesday, The Washington Post quoted an expert in thermal imaging and videotape analysis who asserted that FBI agents had fired on the cult during the 51-day standoff despite its denials. ....."

FOX News.com 10/6/99 "....An expert in thermal imaging and videotape analysis, hired by the House Government Reform Committee, believes that an FBI agent fired shots during the bureau's 1993 siege of the Branch Davidian compound near Waco, Texas. That opinion, published in a report in Wednesday's editions of the Washington Post, stands in contrast with what the FBI has maintained: None of its agents fired shots during the siege in which about 80 people died. Basing his conclusions on the hundreds of hours of tape he has screened - including a recently subpoenaed videotape containing revealing audio - expert Carlos Ghigliotti, who has worked for the FBI in the past, believes the evidence is there. "I conclude that the FBI fired shots on that day," Ghigliotti told the Post in an interview that took place on Tuesday. "I conclude this based on the ground-view videotapes taken from several different angles simultaneously and based on the overheard thermal tape. The gunfire from the ground is there, without a doubt." ..... "

AP 10/6/99 Michelle Mittelstadt "....An expert retained by a House committee has concluded that videotape of the 1993 Waco standoff shows the FBI fired shots on the siege's final day, contrary to the bureau's insistence its agents did not fire a single round. Separately, Waco Special Counsel John Danforth has been briefed by another expert who reached a similar conclusion that the government and Branch Davidians exchanged gunfire that day...... [Ghigliotti] His review was based on videotapes shot by media crews and audio from an infrared aerial surveillance tape recently released by the FBI. Ghigliotti has not seen all of the footage compiled by the FBI nor done an official analysis for the committee, FBI and congressional officials said. Ghigliotti, who has performed thermal imaging analysis for the FBI, is scheduled to go to the FBI on Friday to review the tapes........ Ghigliotti's views coincide with those of a retired Defense Department thermal imaging analyst who, in a 1997 documentary about Waco, said infrared surveillance footage shot by an FBI plane offers definitive proof that government forces unleashed a barrage of automatic weapon fire on the compound......... Edward Allard, who was a supervisor at the Army's night vision lab at Fort Belvoir, Va., has been hired as an expert in the Davidian survivors' wrongful-death lawsuit. He said the infrared footage reflects ``the government pouring machine-gun fire into the building and the Davidians firing here and there.'' Allard was among the plaintiffs' experts who briefed Danforth in Houston on Tuesday about their findings.. ....In his briefing for Danforth, Allard said, he explained why he discounts FBI and Justice Department claims that the bright bursts captured by the ``Nightstalker'' surveillance plane represent solar flashes on shards of glass or other debris around the compound. ``It's impossible for the Waco (forward-looking infrared) to detect solar radiation because the equipment they used is simply not sensitive enough to detect it,'' Allard said...."

Dallas Morning News 10/7/99 Lee Hancock ".... High-quality copies of FBI infrared tapes released this week to Branch Davidian lawyers include repeated bursts of rhythmic flashes from both government positions and the sect's compound, and two experts hired by the sect's lawyer say the flashes must be gunfire. A third expert, retained by the House Government Reform committee, analyzed a lower-quality copy of the infrared tape, which was shot on the last day of a 1993 standoff with the sect near Waco. He also concluded that flashes visible on the tape had to be gunfire, a committee staffer confirmed Wednesday...... Michael Caddell, a Houston lawyer representing sect members in a wrongful-death lawsuit against the federal government, said Wednesday that he played the new videotapes and presented other information and expert analysis in a daylong briefing Tuesday for former Sen. John Danforth. Mr. Caddell said the briefing included presentations by two former Defense Department infrared experts who have concluded that the FBI videotapes captured government gunfire..... Information that the Houston lawyers presented to Mr. Danforth's team included an expert's analysis that the FBI's infrared videotapes released to the public, Congress and the courts appear to have been altered, Mr. Caddell said. If the same gaps and electronic anomalies appear in original tapes still in Justice Department custody, Mr. Caddell said, he will use that to challenge the government's fire investigation as fatally flawed...."

Dallas Morning News 10/7/99 Lee Hancock ".... "I think at this point, it's clear that the whole investigation, and particularly the fire investigation, was garbage in-garbage out," Mr. Caddell said......Members of the arson investigation team testified in a 1994 criminal trial and also told Congress that the infrared videotape, shot from an FBI airplane, was a key reason for their conclusion that the sect immolated itself and its compound. The tape included images of three fires erupting almost simultaneously in different parts of the compound. Investigators also found traces of multiple accelerants in the compound wreckage. The same videotape the arson team used was presented as government evidence in a 1994 criminal trial against surviving Branch Davidians and a 1995 congressional inquiry into the standoff. A former government recording expert hired by the Houston lawyer said he found repeated anomalies. "There's so much editing on this tape, it's ridiculous," said Steve Cain, who spent more than 20 years as an audio and video expert with the U.S. Secret Service and the Internal Revenue Service's national crime lab in Chicago. Mr. Cain said his analysis is preliminary because he has not been granted access to the original tapes. But he said his work has turned up evidence of erasures of audio, including the one-hour, 20-minute period before the compound fire. "It's just like the 18-minute gap on the Watergate tape. That was erased six times by Rose Mary Woods," he said. "That's why we're trying to get to the originals." ...."

Dallas Morning News 10/7/99 Lee Hancock "....The infrared tapes sent Monday to Mr. Caddell were described by Justice Department lawyers as "first-generation" copies of the original tapes shot at Waco on April 19, he said. Inexplicably included in the opening minutes of that tape is an eight-minute portion date-stamped April 16. That footage appears to be a frozen infrared shot of an empty field with no images of the compound. Mr. Cain said that was one of the most egregious of what he described as dozens of unexplained anomalies. "And it appears that either insert edits or other types of over recordings were made by the same or different video camera sources," said his Sept. 30 preliminary report to Mr. Caddell....."

Dallas Morning News 10/7/99 Lee Hancock "....Maurice Cox, a retired satellite imagery analyst and mathematician who worked for 33 years on secret government photo-reconnaissance projects said Wednesday that he shares many of Mr. Cain's concerns. He recently examined copies of the FBI infrared tapes released last month. "There are things that I don't understand. I don't know what they mean, but I know that you need to go to the master tapes and find out what in the hell is going on," said Mr. Cox, who lives in California. Mr. Cox began studying infrared Waco footage after hearing that FBI officials dismissed the flashes that appeared even on poor-quality copies of the Waco infrared tape as "sunlight reflections." He said he became interested in the issue after viewing a 1997 Waco documentary that first publicized the infrared footage and presented a former Defense Department expert's assessment that it captured government gunfire. A second film due out this fall from the same Colorado investigator, backed by MGA Productions of Fort Collins, further explores the infrared issue....."

Dallas Morning News 10/7/99 Lee Hancock ".... The infrared tape includes segments in which flashes are visible around government tanks as they approached or left the building. The flashes are particularly prominent on first-generation tapes sent to Davidian lawyers this week and appear most frequently during the half-hour before the compound burned. The first-generation tapes also show flashes coming from compound windows at angles consistent with shots being fired at approaching or retreating tanks....... Mr. Cox said he spent months on a detailed mathematical and physical analysis, even traveling to Waco at his own expense to complete a study that concluded that the FBI's explanation for the flashes was physically impossible. Mr. Cox submitted his technical report to the FBI and to lawyers on both sides in the pending wrongful-death lawsuit. He said he has not been retained by either side and does not plan to testify in the lawsuit, which alleges that the government's negligence or actions led to the tragedy. . .Mr. Cox recently posted his report on a Web site, www.rolandresearch.com. "The only logical conclusion is gunshots, because nothing else works," he said. "Nothing in nature could do that. Nothing that you could find in a shop or home could get hot and cool off and get hot again at those tremendous high rates that are seen on that videotape." ....."

Washington Post 10/6/99 David Vise Richard Leiby "….Carlos Ghigliotti, an expert in thermal imaging and videotape analysis who has done work for the FBI, said he has spent hundreds of hours reviewing various tapes of the siege, including a newly released FBI audio recording that was part of a videotape turned over to Congress recently in response to a subpoena. Based on his review, Ghigliotti said he is convinced that during the final assault on April 19, 1993, an FBI agent shot in the direction of the Branch Davidian compound. "I conclude that the FBI fired shots on that day," Ghigliotti said in an interview yesterday. "I conclude this based on the ground-view videotapes taken from several different angles simultaneously and based on the overhead thermal tape. The gunfire from the ground is there, without a doubt." After being briefed yesterday by Ghigliotti, Rep. Dan Burton (R-Ind.), chairman of the committee that retained Ghigliotti as a witness, said: "What we have heard from this expert is troubling, but we think it is premature to make any final determination. We don't want to go off half-cocked. As soon as we get all the necessary information, we will hold hearings and present the information to the American people." ….. Ghigliotti said he has not arrived at any conclusion on those [shots behind the compound] allegations. Rather, he has focused on three videotapes taken by news agencies that day and the new audio tape, which is part of an FBI surveillance video. The newly released FBI recording indicates that someone was firing shots about 12:44 p.m. and includes expressions of surprise from FBI employees circling in a plane overhead. "You can hear it," one FBI employee in the plane says of the gunfire, which federal agents believed was coming from a man with a handgun north of the compound. However, the tape does not make clear who was firing, and an FBI effort to locate the gunman was unsuccessful. Ghigliotti said he believes the gunfire came from an FBI agent and was picked up by his microphone as he fired. He said the videotapes he reviewed show gunfire toward the compound at the same time as the audio is picking up the shots. Several armored vehicles were clustered in the area of the gunfire, according to Ghigliotti…… Michael Caddell, the lead lawyer in the $100 million wrongful-death suit, claimed that he also has new information relating to possible FBI gunfire and said that he intends to give it to Danforth. Based on newly released FBI infrared surveillance tapes, Caddell contends that there was a gun battle between Davidians and federal agents on April 19 and that gunfire was coming from at least three government positions. "Folks are shooting from both sides," he said….."

The Village Voice 10/6/99 James Ridgeway "….Among others present were representatives of Britain's elite Special Air Services, infamous for its counterinsurgency operations in Northern Ireland. In a July 31, 1996, letter to Senator Charles Robb, unearthed recently by the Irish Echo, John E. Collingwood, head of the FBI's Public and Congressional Affairs office, revealed that "two SAS soldiers visiting at Fort Bragg, North Carolina, requested and were granted a courtesy visit. The main purpose . . . was to experience how the FBI operated its command post. They were shown the relationship of the FBI's command post to the tactical operations center, were allowed a visit to the forward tactical area, and were provided generic briefings regarding the incident. Although the HRT [Hostage Rescue Team] had tactical interface with the SAS during routine practice and training, at no time was the SAS called upon to participate in . . . the siege." …"

Waco Tribune-Herald 10/5/99 Mark England "…U.S. District Judge Walter S. Smith Jr. of Waco on Tuesday granted Special Counsel John Danforth access to evidence in the upcoming wrongful-death lawsuit filed against the government by surviving Branch Davidians and others. Smith also addressed the plaintiffs' charge that the government is withholding evidence. His order grants Danforth, his attorneys and investigators the same status as the attorneys of record in the lawsuit…. Smith also acted on Houston attorney Mike Caddell's complaint that the government was blacking out information it claims is either classified or subject to privacy regulations. Documents can be marked "Confidential" or "For Counsel Only" by either side, Smith ruled. However, both sides have the right to challenge such designations. Smith asked the plaintiffs and the government to try to resolve any disputes. If that can't be done, the objecting party may object in writing to the party restricting access to a document. The designating party must then ask Smith for an order preserving the designated status of such information within 14 days of receiving the written objection. "Failure to do so shall constitute a termination of the restricted status of such item," Smith wrote…… Restricted information can be disclosed to technical experts or consultants working for either side in the lawsuit. However, such individuals must sign a document promising not to disclose the information…."

MSNBC 10/4/99 James Gordon Meek "....A group of experienced federal postal inspectors will be tapped to investigate events that led to the deaths of about 80 followers of Branch Davidian cult leader David Koresh at their Waco, Texas compound on April 19, 1993...... Fraud and identity theft are the most common cases the inspectors unravel. The public may not realize it, Bethel said, but the Postal Service also investigates non-white collar crimes, including extortion and child pornography - even murder - if it involves Postal Service employees. "We've always been called the 'silent service,' because we go about our business and don't seek publicity," Bethel said. ..... While it is unusual for postal inspectors to dig into matters not involving the mails, it is not the first time they have been called upon to investigate FBI investigators. In 1996, postal inspectors were asked to help FBI agents look at a previous disaster for the Clinton administration - the bureau's standoff with white supremacist Randy Weaver at Ruby Ridge, Idaho. During several armed confrontations in 1993, one federal agent was killed and an FBI sniper fatally wounded Weaver's wife, Vicky. Postal inspectors helped build a case against FBI official E. Michael Kahoe, who allegedly destroyed evidence and obstructed justice in the matter. ....... "

Associated Press 10/4/99 Michelle Mittelstadt ".... Attorneys for surviving Branch Davidians and relatives of those who died during the 1993 Waco siege contend the government is withholding important evidence by saying it is classified or falls under Privacy Act protection.... ``There are a lot of documents which have been turned over to us, large portions of which have been blacked out,'' said lead counsel Michael Caddell, calling some of the evidence critical to his case. ``And that, we'll be taking up with the court.'' ..... The Justice Department offered no comment on the lawyers' complaint. Caddell questioned the government's blacking out of passages from ``virtually every'' post-siege interview conducted with all FBI agents at Waco. ``We're entitled to know everything that they heard or saw or did on April 19,'' Caddell said. And Brannon is challenging the government's refusal to provide the names of certain participants in the final assault. ``They cannot hide behind any laws, any statutes to inflict wrongful deaths on American citizens and then say `You can't ever find out who these people were,''' Brannon said, vowing to take the matter to the Supreme Court if necessary..... On Monday, Smith granted Bradford 30 more days to give the court every Waco-related government document. The documents had been due last Friday. ``We're under deadlines from congressional subpoenas and court production deadlines and we've been working literally around the clock to try to get that accomplished,'' Bradford said. ``It's a huge undertaking.'' The House Government Reform Committee is expecting more than 1 million documents, said committee spokesman Mark Corallo....."

Waco Tribune-Herald/www.newsmax.com 10/4/99 Mark England "....Now reports are flying on the Internet (and on radio programs such as the one hosted by Alex Jones in Austin) that three Delta Force troops who were at Waco in 1993 died recently under mysterious conditions, evoking memories of fate of some witnesses to the Kennedy assassination. "These are not being reported in the national media as training accidents would normally be, and inside sources link these men to the slaughter at Waco," according to Jones' Web site (infowars.com). A Department of Defense spokesman confirmed that three men in special operations died within a week of each other. Lt. Col. Timothy A. Boyles and Sgt. Eric Ellingson died after being swept away in a water training exercise in Savannah, Ga. Days later, Master Sgt. Gaetano Cutino died during a helicopter insertion exercise at Fort Bragg. However, DOD spokesman Lt. Col. Bill Darley said the deaths were not covered up...... None of the men who died was at Waco, Darley said. "The ones who were there are all alive and accounted for," Darley said...... "

St. Louis Post-Dispatch 10/3/99 Philip Dine "....Because his committee has jurisdiction over the Justice Department, Hatch had expected to oversee the Waco investigation. Instead, Lott set up a special task force on Waco, nuclear espionage and campaign finance. He chose Specter to head it and appointed two other Republican senators, Charles Grassley of Iowa and Strom Thurmond of South Carolina. Hatch is stung that Lott bypassed the committee chairman's role, sources say, and he is annoyed that Specter aggressively sought to run the investigation. More important, the actions have sparked a split between Republicans and Democrats, raising questions about how effective the investigation will be. "We were hoping that it was going to be bipartisan," says one committee Democrat. "I don't know that they thought all this through." ..... Lott gave several reasons for taking this route: The Judiciary Committee has a lot of work to do. A task force can be kept small. It's easier to hire attorneys for a task force than for a standing committee. And, it allowed Lott to handpick well-suited members. But Lott stumbled a bit in backing up this last rationale. ......But on Thursday, Specter and Leahy tangled angrily. Specter tried to get approval to issue subpoenas. Leahy blasted the investigation as partisan. Specter loudly called that insulting. They also quarreled over whether Democrats had been consulted. ..... Meanwhile last week, although the Republicans previously indicated that Waco would get top billing from the task force, Specter said that nuclear spying was a life-and-death matter while Waco involved looking at a past deed. Specter threw in a dig at Hatch, saying that nuclear espionage was something the Judiciary Committee should have investigated......"

The Dallas Morning News 10/2/99 Lee Hancock "....The U.S. government has asked for another month to surrender documents dealing with the Branch Davidian standoff, telling a federal judge Friday that its agencies, particularly the White House, needed more time. ...... But Justice Department records recently turned over to Congress and Judge Smith's court indicate that some lawyers in the Justice Department have known for years that pyrotechnic gas was used. Those documents include handwritten notes from prosecutors' 1993 interviews with the FBI's hostage rescue team and notes from interviews conducted by Justice Department civil lawyers. Although none of the notes identify their authors, a document accompanying them indicates that the interviews on which they were based were conducted by Assistant U.S. Attorney Leroy Jahn of San Antonio and Justice Department prosecutor John Lancaster. The two prosecutors could not be reached for comment. One of the prosecutor's sets of notes contrasted the nonflammable "federal" tear-gas rounds approved by Ms. Reno with the "military" rounds used by the hostage rescue team, noting that the military rounds were "pyrotechnic." The other prosecutor's notes refer to "military gas rounds," adding that one agent said he "fired 1-4 incendiary rounds. . . . One military round at cement underground deal." Other documents that have surfaced since August include a 1996 FBI memo describing the use of gas rounds capable of starting fires against an underground bunker adjacent to the sect's compound. Mike Bradford, a Texas-based federal prosecutor assigned to oversee the search and turnover of government materials related to the siege, said this week that more than 200,000 pages of documents had been found in the federal prosecutor's office in San Antonio alone. Mr. Bradford, the U.S. attorney for the Eastern District of Texas, said many of those were turned over to Congress in 1995, when the House conducted a lengthy investigation of the Waco tragedy. The prosecutors' handwritten notes describing use of pyrotechnic or incendiary rounds were not turned over in 1995, congressional documents indicate. Mr. Bradford was asked to oversee the document turnover after the U.S. attorney in San Antonio asked that his entire district be taken off the case because of a possible conflict of interest. His prosecutors could be asked to testify in congressional inquiries and also could face new legal action for failing to reveal the use of pyrotechnic tear gas to defense lawyers representing members of the sect in a 1994 federal criminal trial..... "

Ft Worth Star-Telegram 9/29/99 Jennifer Autrey "....John Danforth, the former senator investigating the possibility of a government cover-up in the deaths of Branch Davidians near Waco in 1993, is seeking information from a journalist whose film has raised questions about the events at Mount Carmel. But the journalist, Dan Gifford, executive producer of the Emmy-winning documentary WACO: THE RULES OF ENGAGEMENT, said he doesn't trust the special counsel's investigation and thinks it is too narrow. "For all I know, this process might have been set up to see who has been talking and smite them," he said..... Mike McNulty, a researcher for WACO: THE RULES OF ENGAGEMENT, said he has not received a letter from Danforth's investigators but that he has talked to them by phone. But Gifford is reluctant. As a former journalist for ABC News, CNN and The McNeil-Lehrer Report, Gifford said, he must protect confidential sources. "Everything I think is important is already in the film," Gifford said. Gifford said he believes that Danforth's investigation focuses too narrowly on the events of April 19, 1993, which Gifford said will leave unquestioned the government's decisions leading up to the fire. ...... "

Star-Telegram "....Sen. Arlen Specter, R-Pa., is pressing ahead with his inquiry into Waco and other Justice Department controversies by hiring a former U.S. Attorney from Philadelphia to work on his task force. The selection of Michael Baylson of Philadelphia comes amid the misgivings of special counsel John Danforth and the opposition of Senate Democrats...."

Washington Times National Weekly Edition 9/27-10/3/99 Ann Coulter "....The documentary [Rules of Engagement] uncovers numerous fascinating little tidbits such as that when the military-style raid began on Feb. 28,1993, the Davidians reacted the way any normal family would. They called 911. The documentary replays the 911 tape in which a Davidian is shouting into the phone: "There's 75 men around our building, and they're shooting at us at Mount Carmel! Tell 'em there are women and children in there and call it off!" But they didn't call it off, and the Davidians killed four ATF agents. This prompted the federal agents' chief apologist, then-Rep. Chuck Schumer, New York Democrat, to rail, "Is there any way that somebody could believe that justifiable homicide could be used as a defense here?" Well, yes, actually. A duly constituted American jury did, The jury acquitted the Branch Davidians of murder and conspiracy to commit murder, finding that the Davidians killed the four ATF agents in self-defense....."

Washington Times National Weekly Edition 9/27-10/3/99 Ann Coulter "....One oddly arresting item revealed in the documentary is that the AFT agents were mooning and giving the finger to the compound during the siege. Just after the Davidians buried one of their dead, the ATF ran a tank over the fresh grave - over and over and over again. In one video clip an FBI sniper laughingly boasts: "I'm honed to a fine edge. I'm honed to kill." As one raid survivor remarked, "Do we want to send our children out to these kinds of people?" ..."

Washington Times National Weekly Edition 9/27-10/3/99 Ann Coulter "....One of the creepiest scenes from the documentary involves the ATF negotiator, Jim Cavanaugh, lying to Mr. Koresh, and lying in almost Clintonesque proportions. But unlike Bill Clinton, Mr. Cavanaugh comes across - to me, at least - as an honorable and honest man. That's what is so unsettling about "Rules of Engagement." During one of his negotiations with the Davidians, Mr. Cavanaugh leads off by saying he wants to "set the record straight," and states, "There was not guns on those helicopters." Mr. Koresh goes ballistic. He calls Mr. Cavanaugh a "damn liar," and gets on the phone to demand, "[y]ou're sittin' there and tellin' me that there were no guns on that helicopter?" Mr. Cavanaugh retreats slightly, saying, "I said they didn't shoot." Mr. Koresh continues to call Mr. Cavanaugh a liar and eventually says: "Let me tell you something. That may be what you want the media to believe but there's other people that saw, too. Now tell me, Jim, again. You're honestly going to say those helicopters didn't fire on any of us?" After a long pause, Mr. Cavanaugh revised his position once again: "What I'm saying is that those helicopters didn't have mounted guns. OK? I'm not disputing the fact that there might have been, uh, fire from the helicopters, and you were there. That's OK with me. What I'm tellin' you is there was no mounted guns, ya know, outside mounted guns on those helicopters." At this point, Mr. Koresh remarks astutely: "But, like, that's beside the point. What they did was have was machine guns." ...."

Associated Press 9/29/99 Michelle Mittelstadt "....Michael Caddell, the lead lawyer in a wrongful-death lawsuit against the government, is wary of tying his legal case to the military canisters lobbed by federal agents. ... Caddell and others who accuse the government of a cover-up are examining theories that: --Military tanks that punched holes into the building to insert non-burning tear gas knocked over lanterns the Davidians relied on after the FBI cut off electricity. --Flash-bang devices used by federal agents ignited the building. Filmmaker Michael McNulty, who has espoused that theory, claims such devices were found near the fire's origins. The government disputes his assertions. --Heat from the tanks' exhaust could have ignited the dwelling's wooden walls, which were reinforced with makeshift barricades of hay bales...... The independent arson investigators who combed the Waco ruins concluded the fire resulted from ``an intentional act'' by people inside the compound and that accelerants were used to speed the flames. Fires were set in three locations, the team concluded. The fire began on the second floor's southeast corner, moments after a tank disengaged from that section's ground floor. Flames then were detected on the first floor's midsection and east side. But former Bureau of Alcohol, Tobacco and Firearms arson investigator Richard L. Sherrow, hired by the plaintiffs, concluded the fire started in only one location, most likely when the tank rammed the southeast corner. David Thibodeau, one of nine Davidians who survived the final assault, said he does not believe agents intentionally set the fire. But he blames the government for the conditions leading up to the tragedy. ``Although neither we nor the feds deliberately set Mount Carmel ablaze, the FBI must have been aware that the toxic brew they injected into our building in such enormous quantities would create a highly flammable condition that windy day,'' he writes in his new book...... ``We do not have to prove how the fire started to win our lawsuit,'' he said. ``But I think we will prove that the government's actions on April 19 contributed to the spread of the fire ... and the deaths of Davidians as a result of the fire.'' ...."

Melanie Morgan and Lee Rodgers Radio talk show co-hosts 10/1/99 Freeper report "....David Thibodeau, author of the recent book entitled, A Place Called Waco was one of only four of the original nine survivors of Waco who did not go to prison; the rest received long prison sentences...... Many of the things that have come to pass since the Waco conflagration have in fact strengthened Thibodeau's faith and he feels the government at least created the conditions that led to the fire. At worst, he remarks, the government may well have started it. ..... Asked by talk show host Lee Rodgers about the ethic composition of the Branch Davidians, Thibodeau explains that one third of the followers were black; LA burned when injustice was done to one black, but there no one let out so much as a peep when the many Davidians who were black died in flames. Thibodeau roughly outines the professional background of the followers; Carpenters, architects, religious people from England were well represented. When they were attacked, most Davidians strongly felt David had done everything he could to assuage early federal concerns about guns, living conditions, and teachings. The religious group had been out there for 60 years, knew the Sheriff on a first name basis, and had a well-controlled and monitored firearms business. They were tipped off about the extent of government interest in their activities through the phone call made gun dealer associate; the ATF had come sniffing around his gun shop, inquiring pointedly about David and the well-documented firearms business that they conducted. Hearing from his chum that ATF agents were in the shop at the very time of the phone call, Koresh promptly invited them to come out to the Mt. Carmel complex...... Thibodeau find it frankly incredible that numerous ATF cameras malfunctioned at precisely the time there was an ongoing gun battle that featured helicopters clattering overhead with machinegun fire raining down about their heads (one nursing mother was struck through the ceiling in her bed). ...... Those Davidians that exited within sight of cameras removed 2 miles from Mt. Carmel went on to survive, Thibodeau explains. Those that exited from side, however, were shot. Thibodeau saw where one of the fires started after one of tanks had crashed into the Mt. Carmel complex. He then decries the lack of fire suppression, in spite of the hospital having been called, warning of impending burn casualties...... At the time that he conducted the Davidian autopsies Dr. Peerwani had not been in a frame of mind of looking for bullet wounds in people had been attempting to flee impending danger. Despite the fact that the morgue cooler where these bodies were being stored was allowed to head to a temperature at which much of the evidence presented by the bodies was destroyed, Dr. Peerwani now wants to re-open the case. Expanding on these mysteries, Thibodeau also points out that the Mt. Carmel front door and very heavy safe has also gone missing. He reminds listeners that the ATF cameras were alleged not to have worked and decries the act by the FBI of having held off the Texas Rangers after the tragic fire for a period of 12 hours. This inexplicably action prevented them from promptly beginning the highly sensitive and technical investigation with which they had been entrusted......"

 

NewsMax.com 10/10/99 Carl Limbacher ".... James Ridgeway, reporting for New York's Village Voice, covered new evidence this week about the presence of foreign military personnel during the 51-day siege at Mt. Carmel: "The Army's Delta Force and the Navy Seals weren't the only observers at Waco, which, as details spill out, looks more and more like a training op for the international commando set. Among others present were representatives of Britain's elite Special Air Services, infamous for its counterinsurgency operations in Northern Ireland." Ridgeway sources a report in the Irish Echo, which has unearthed a July 31, 1996 letter from the FBI to Senator Charles Robb. .... In his dissent to the House Government and Reform Committee's 1996 report on Waco, Rep. Bob Barr apparently alluded to the SAS's presence, complaining: "I seriously question the role of military officers being involved in strategy sessions as on-site 'observers', the presence of foreign military personnel and the use of military equipment such as armored vehicles." ...."

NewsMax.com 10/10/99 Carl Limbacher "....On Friday The Dallas Morning News examined other evidence central to the government's claim that the Davidians started the fire; recordings from FBI listening devices evidently planted within the Mt. Carmel compound..... The Clinton administration has long maintained that Waco's fatal fire came as a horrific surprise. But the recordings suggest that some Davidians were planning to torch the compound up to six hours before the fire erupted. The FBI says that the key warning only became clear after their recordings were enhanced. But reporter Hancock notes, "FBI agents have never fully explained why the bureau, before the April 19th assault, called Parkland Hospital in Dallas to ask how many beds its burn unit had available." Last month Inside Cover featured a transcript of an April 19th Dallas TV interview with a Parkland nurse administrator who said that the FBI put the hospital on alert at 6:11am that day, nearly six hours before Waco's flames erupted. (See: FBI Alerted Dallas Hospital Hours Before Waco Fire If the FBI didn't understand the fire warnings apparent on their own surveillance tapes until those tapes were enhanced, then why the calls to Parkland on April 19th? According to the News, FBI logs show that agents "issued a 911 call" to local firefighters at 12:13pm, just six minutes after it became apparent the compound was burning.

NewsMax.com 10/10/99 Carl Limbacher ".... But Inside Cover has been told that a Davidian relative watching from a distance grew increasingly anxious as the conflagration spread without any response from the local fire department. Ten frightening minutes passed. Finally the relative personally called Bellmead Fire Station. Their answer? Bellmead's dispatcher allegedly told the relative that his unit had been explicitly ordered not to respond to the inferno by the FBI. Only after the panicked relative contacted Waco's Sheriff Harwell, who immediately interceded, were Bellmead fire trucks ordered to the scene. The Congressional testimony of Jeffrey Jamar, the FBI's Waco field commander, lends support to the above account -- and contradicts bureau logs indicating that fire equipment was summoned promptly: "When the fire did start and the fire trucks did arrive, I didn't let them in. I held them at the check point. Because I didn't want the firemen to drive into gunfire. I just wasn't going to permit it. It's a terrible thing; a very terrible decision to have to make. But I didn't hesitate. It took me two seconds to make (that decision). But we held the fire trucks. So that was our fire plan." (Jamar's testimony as presented in the 1997 documentary "Waco: Rules of Engagement".)..."

Drudge Report 10/9/99 "....Recently unearthed internal FBI documents reveal that the bureau faxed a formal assault plan directly to the White House in the early days of the 51-day Branch Davidian seige, Sunday's DALLAS MORNING NEWS is reporting. The DMN's Lee Hancock and David Jackson are reporting that the attack plan was sent to the White House on March 8, 1993 at the behest of then Assistant Attorney General Webster Hubbell. Hubbell testified before Congress in 1995 that the White House played no role in Waco decision making. This document and other evidence was discovered last month within four boxes discovered at the FBI's Hostage Rescue Team base in Quantico, Va. "Among the thousand of pages of internal FBI tactical documents are notations indicating that tanks used by the hostage rescue team near Waco carried such military ordnance as high-explosive grenades, illumination rounds and pyrotechnic military tear gas."....."

Drudge Report 10/9/99 "....The documents show regular and ongoing consultations between the FBI and military experts during the stand-off. One undated document shows that the former head of the Army's secret anti-terrorist unit Delta Force, General Peter J. Schoomaker, was sent to Waco despite questions that he had the authority to be there in the first place. Also planned -- but aborted -- was a strategy to drug the compound's water supply...."

CNN 10/9/99 Pierre Thomas Terry Frieden AP "...Additional documents have been turned over to Congress showing supervisors in the FBI's standoff with the Branch Davidians asked for permission to shoot unarmed cult members if they approached agents and refused to follow directions, CNN has confirmed.

The FBI said the plans were never enacted during the 1993 incident. But officials acknowledge the issue was raised after agents received information that some cult members Davidians had discussed fleeing their Waco, Texas, compound with explosives strapped to their bodies....... "

Capitol Hill Blue 10/9/99 Jim Burns "....A now retired US Army Colonel who assisted the FBI at the Branch Davidian siege in Waco, Texas in 1993 says the feds knew from the very beginning the breakaway religious group's plans to destroy the compound. Colonel Rodney Rawlings of Austin, Texas said recently in a news story "You could hear everything from the very beginning, as it was happening." Rawlings said he heard bug transmissions from speakers in an FBI monitoring room at the FBI's main Waco command post. "Anyone who says you couldn't at the time is being less than truthful." Federal officials from Attorney General Janet Reno on down have said for years that the FBI did not know that the Davidians were spreading fuel and preparing to set a fire throughout the FBI's six hour tank and tear gas assault on the Branch Davidian compound. Rawlings told the Dallas Morning News, "Among the most chilling transmissions was Mr. Koresh's order to set the fires, a command followed by the sounds of gunshots. The bugs then broadcast the voice of Mr. Koresh declaring that God did not want him to die, and his chief lieutenant's response that the sect leader wasn't going to get out of this."....."

Capitol Hill Blue 10/9/99 Jim Burns "....He further criticized federal authorities about Waco saying, " They're using the excuse of technical difficulties to cover why they didn't react on the information they had. They had a very poor plan to begin with that allowed them nothing to fall back on in the event that things went south. It bothers me to no end. They've had the opportunity to say we knew. We've not gotten a straightforward answer." Colonel Rawlings also said, and FBI records confirm, the tank and tear gas assault began about 6 am on April 19, 1993 and the Davidians began talking about spreading fuel within five minutes. Because the area was bugged, according to Rawlings, Davidians who took shelter there could be heard crying, talking and praying. Rawlings said the other Davidians could also be heard talking about spreading and pouring fuel and keeping federal agents out of the building. That talk produced little visible reaction from the FBI command post. In the story Rawlings said he believes the FBI had access to the best technology during the Davidian siege, including equipment from the CIA and military special operations. "They had enough electronic gear in there, they could have relayed it to Hawaii and you still could have heard what was going on in that compound. The FBI is going to deny that they have all this recorded. They are not going to want to compromise any of the technology they have used to gather and eavesdrop. But it was clear. Saying they couldn't hear is a crock."....."

 

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....Thousands of recently disclosed internal FBI documents show some bureau officials proposed drugging Branch Davidians' water supplies and faxed a formal assault plan directly to the White House in the first weeks of the 1993 siege. The documents reveal intricacies of the FBI's 51-day operation never previously made public in the six years since the nation's most deadly law enforcement tragedy. Among the thousand of pages of internal FBI tactical documents are notations indicating that tanks used by the hostage rescue team near Waco carried such military ordnance as high-explosive grenades, illumination rounds and pyrotechnic military tear gas...."

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....House and Senate investigators are poring over the documents, some of which were not disclosed despite previous exhaustive congressional requests for detailed information about the government's handling of the Waco tragedy. They were discovered last month at the headquarters of the FBI's hostage rescue team in Quantico, Va., stacked in four boxes. They included infrared videotapes shot during the early hours of the FBI's April 19, 1993, tank-and-tear-gas assault on the Davidian compound. FBI officials had previously sworn in court that such tapes did not exist........FBI officials said that the boxes -- containing notes, sketches, cartoons, personnel rosters, interview reports and other information -- were overlooked when bureau officials responded to previous inquiries or were not specifically sought by congressional investigators....."

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....The FBI documents kept secret for years at Quantico indicate that agents had at least 60 of the military gas rounds, known as M651 canisters, at Waco....... One undated document stated an Army general with an extensive special operations background had been given special permission to go to Waco despite questions about the military's authority to send him. U.S. military special operations lawyers had previously ordered special forces soldiers not to go to Waco even to watch the botched Feb. 28, 1993, raid that began the standoff......

``No auth. for Gen. Shoomaker to go. Has been approved, but approved by SEC DEF,'' the note on stationery from an FBI commander in Waco. ``SEC DEF'' is an abbreviation for the secretary of defense, then Les Aspin. The general, Peter J. Schoomaker, had once headed the Army's secret anti-terrorist unit Delta Force and now is at U.S. Special Forces Command at Macdill Air Force Base in Florida. He was one of two senior military special operations officers who visited Waco during the standoff and then attended FBI briefings with the attorney general before she approved the final tear gas plan....."

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....Another undated, handwritten note mentions that Delta Force commandos and intelligence experts should be ``invited'' to Waco, stating ``Delta commo/intel guys -- helpful in observation role.'' A March 8 note states that a formal assault or ``ops plan'' had been faxed directly to the White House by FBI tactical officials. An FBI official in Washington said that was done at the direction of Assistant Attorney General Webster Hubbell. During 1995 congressional hearings, Hubbell said he often consulted with the White House counsel's office about the standoff. He said that the White House was not involved in decision making during the FBI operation....."

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....The documents -- many marked ``secret'' and ``confidential'' -- indicate that FBI agents considered and rejected a number of even more intensive tactics. One undated, handwritten document indicates that agents briefly considered introducing a foul-smelling, nausea-inducing chemical known as ethyl mercaptan or ethane thiol in the compound's water supply. Vapors from the chemical irritate eyes and skin, can induce headaches and would spread each time someone turned on water taps, according to a report from the Texas Poison Control Center....... The FBI documents indicated that its use was rejected against the Davidians because of the sect's children. ``Young and smallerworse/more serious,'' noted one document bearing the name of an agent from the ATF. In some cases, the bureau's aggressive tactics drew complaints from compound neighbors. One FBI log notes that a farmer near the compound wanted FBI to stop blasting sounds of screaming and dying rabbits because it was disturbing his pregnant cattle....."

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....Even after the standoff ended in mass death, the newly disclosed FBI documents indicate, FBI agents who led the bureau's efforts in Waco and Washington proposed rewarding members of the hostage rescue team with FBI medals. One memo noted ``there may be reluctance to award such a high number of shields of bravery, but the discipline and courage which was exhibited by the HRT for the seven-week siege ... cannot be overstated.'' The FBI Waco commanders also proposed cash awards for the hostage rescue team, its intelligence analysts and its clerical staff. The proposed awards were ultimately rejected as inappropriate, an FBI spokesman said....."

Washington Post 10/8/99 David Vise Lorraine Adams ".....The documents also outline seven instances in which the FBI threw or launched hand-held "flash-bang" grenades at Davidians who were exiting the compound earlier in the standoff...... Sen. Charles E. Grassley (R-Iowa) said yesterday that the newly discovered FBI documents raise troubling questions. "The material does fill in more pieces of the puzzle and paints a disturbing picture of the FBI's judgment and tactics during the final days of the siege," Grassley said. "Did all of the Waco-related documents that would have reflected poorly on the FBI end up at Quantico? How do we know all the documents have been turned over now?"....."

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....Among the documents are seven drafts of the FBI's operational orders for the final siege, including two that said agents could use deadly force against Branch Davidians carrying no weapons as they emerged from the compound if they failed to respond to commands as they approached law enforcement officials. The final version of the operational orders reverts to standard FBI policy, which prohibits the use of deadly force except as necessary in self-defense or in the defense of another person....Byron Sage, the FBI's chief negotiator at Waco, said the modification in the agency's deadly force policy was proposed after FBI agents received information from a Davidian who had left that others inside were considering exiting the compound with explosives strapped to their bodies....."

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....The proposed orders were reviewed by Jeff Jamar and Richard Rogers, the two senior FBI agents at Waco. Rogers also played a role in the pivotal change in deadly force policy that critics of the FBI argue led to the 1992 fatal shooting of Vicki Weaver at Ruby Ridge, Idaho. ....."

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....The FBI's use of flash-bangs was disclosed in a 1993 Justice Department report and later House hearings. Critics of the FBI's handling of the siege argue the use of flash-bangs encouraged the Davidians to remain inside the compound, where most of them ultimately died during the final assault. Sage and others said the Davidians had the opportunity to come out if they were prepared to surrender but that they could not allow them to exit at will. "The use of the flash-bangs was to drive them back inside," Sage said. "It had to be a well orchestrated and planned exit," so nobody perceived their exit as an attack......"

The Dallas Morning News 10/8/99 Lee Hancock David Jackson "....Other information in the newly disclosed FBI documents showed that:

* On April 13, then-Associate Attorney General Webster L. Hubbell advised the FBI that the Clinton administration wanted "military experts' opinion of the operation."

* Even after the FBI took control of the operation after the ATF's failed February 1993 raid, a significant contingent of ATF agents remained on the scene. The FBI documents show that on April 11, 1993, the ATF advised that it still had 136 agents there. "After the initial raid, ATF's role was strictly a support function," said ATF spokesman Jeff Roehm.

* The FBI received a fax in late March urging agents to "step aside" and let the Texas Rangers, a state police force, negotiate a peaceful solution and have an independent grand jury investigation. "The shedding of more blood through more bungling will only further damage the credibility of the FBI and the federal government," the fax says.

Freeper aristeides 10/11/99 "....This is the first evidence I have seen that lots of ATF agents remained on the scene during the siege. I would think it's most unlikely they were not on the scene on the day of the massacre, Apr. 19th. Remember how somebody took down the Davidians' Star of David flag, and raised the ATF flag? Who do you suppose did that? ...."

Dallas Morning News 10/8/99 Lee Hancock ".....Bugging devices in the Branch Davidian compound clearly picked up voices of leader David Koresh and his followers preparing and starting fires that ended the deadly 1993 standoff, according to a now-retired U.S. Army colonel who assisted the FBI at the seige. Federal officials from Attorney General Janet Reno down have maintained for years that the FBI did not know that the Davidians were spreading fuel and preparing to set a fire throughout the FBI's six-hour tank and tear gas assault on the compound. But Col. Rodney L. Rawlings of Austin said in an interview that ``you could hear everything from the very beginning, as it was happening.'' ``I heard it,'' he said. ``Anyone who says you couldn't at the time is being less than truthful.'' ....."

Dallas Morning News 10/8/99 Lee Hancock ".....Jeffrey Jamar, the FBI's commander in Waco, told Congress that he and his agents ``couldn't know that was happening. If we had heard `spread the fuel,' we'd have stopped right there. We didn't hear. We didn't know that until those tapes of recorded bug transmissions enhanced.'' He and other FBI agents have said they learned what was happening inside the compound only after the tragedy, when they analyzed tapes from listening devices. FBI agents later produced transcripts of the tapes that indicated that the Davidians talked about spreading fuel for nearly six hours before the fire began. ....."

Dallas Morning News 10/8/99 Lee Hancock ".....Col. Rawlings, a combat-decorated helicopter pilot and 31-year veteran who retired from the Army in 1997, said he clearly heard those preparations as they were broadcast from a monitoring-room speaker in the FBI's main Waco command post. He said he was there as senior Army liaison to the FBI's hostage rescue team. Working in an area adjacent to the open door of the monitoring room, he said, he heard voices of Mr. Koresh and other Davidians praying, planning the fire and preparing to die during the FBI's tank assault. ......``It bothers me to no end,'' said Col. Rawlings, 54, now a project manager for a computer firm in Austin. ``They've had the opportunity to say, `We knew.' We've not gotten a straightforward answer." ....."

Dallas Morning News 10/8/99 Lee Hancock ".....Top FBI officials have said their assault plan assumed that mothers in the compound would immediately flee the tear gas with their 20 children, and that the physical effects of the gas would cause the others to surrender quickly. ``A lot was hung on the hope that what each individual was going through would've resulted in a lot more confusion and would've prevented them from getting organized,'' Col. Rawlings said. ``The FBI planned only on a total and immediate collapse and surrender.'' Government bugs picked up sounds of Davidians running, moving objects and yelling for gas masks, he said. Within five minutes of the FBI's warning call, he said, he heard Davidians discussing taking their children to a central, concrete-block room that the sect called ``the cooler.'' It had only one door and offered protection for children too small to wear gas masks. Because the area was bugged, Col. Rawlings said, Davidians who took shelter there could be heard crying, talking and praying. He said he could also hear Davidians calling back and forth from their stations at various points in the compound. Throughout the morning, there were ``a lot of prayers going on. Koresh was doing a final sermon at one point,'' Col. Rawlings said....."

Dallas Morning News 10/8/99 Lee Hancock ".....As FBI agents milled around the area that included the bug-monitoring room, he said, many agents seemed to listen ``with great interest.'' But he said he heard few conversations among agents and spoke little with them because he was focused on the broadcasts and reporting what was happening to his superiors via telephone. ``It had to have registered, because of the intensity of the activity in the compound,'' he said. ``I think they just didn't want to believe it and accept it. I didn't know what was going to happen, but I was worried.'' Just after FBI officials ordered a combat engineering vehicle to drive deep into the compound and to gas the concrete ``bunker,'' he said, ``Koresh gave the order'' to start the fires. ``He said OK. Our time is now. It's time to put the children away or to sleep or some such words. When we heard this, it was, `Oh my God. How can anyone do this?' It got real quiet in the command center. We could not believe this was going on,'' Col. Rawlings said. ``After the command was given, the individuals given the task of setting fires took their stations and promptly began to do so. There was no time to move. And the FBI had no plans to do anything differently,'' he said. ``They had no way of getting in to stop it.'' ....."

Dallas Morning News 10/8/99 Lee Hancock "..... The supervisor testified at trial that he and three other agents were monitoring the bugs that day, but government lawyers disclosed in legal filings this week that 24 FBI agents were monitors on April 19. An April 19, 1993, video recording only recently disclosed by the FBI captured a radio transmission in which Mr. Jamar discussed how a device he called ``the box'' was picking up Davidians' voices near the interior ``cooler.'' On that transmission, an FBI agent can be heard telling hostage rescue team commander Richard Rogers at 7:49 a.m. that Davidians were being told ``to stay low and stay ready, as if they were expecting some type of assault.'' Agent Jamar can be heard saying that Davidians were ``taking their masks off and on. In fact, one person asked, `Have we been gassed?' So there's an area that we're not getting gas into.'' ....."

Dallas Morning News 10/8/99 Lee Hancock ".....Col. Rawlings said he was never told details about the eavesdropping technology. He learned of the presence of special operations personnel only last month, when a reporter showed him Defense Department documents detailing the presence of three soldiers from secret units on April 19. Government lawyers recently acknowledged that a total of 10 military personnel from secret special operations units were at Waco during the 51-day siege. ``I was responsible for every military guy out there. Not knowing that they were there would not relieve me of any responsibility if they were involved in misdeeds,'' said Col. Rawlings, whose military decorations include three purple hearts, 37 air medals, two distinguished flying crosses and a Bronze Star with a V for valor in combat. ``They should have at least reported their presence to me.'' David Byrnes, a retired Ranger captain who led the Davidian criminal investigation, said CIA officials appeared at the compound immediately after the fire and sought the Rangers' help in recovering their equipment from the burned building. Those officials were particularly eager to find a device they said was about the size of a small lap-top computer, Mr. Byrnes said. He and his investigators asssumed they were for eavesdropping. ``They told us what they were looking for, and they wanted to be sure it was found or destroyed,'' said Mr. Byrnes. ``We never did find anything.''...."

Dallas Morning News 10/8/99 Lee Hancock "..... Mr. Jamar, the FBI's overall commander in Waco, told Congress that the agency did not expect a fire and did not believe Mr. Koresh would lead his followers in mass suicide. ``Fire was a definite possibility. There was no question the place was a tinderbox, but we did not expect a fire,'' he said. ``Had we expected a fire, we would have had a whole another approach.'' FBI agents have never fully explained why the bureau, before the April 19 assault, called Parkland Hospital in Dallas to ask how many beds its burn unit had available. Some experts have questioned how the FBI could have missed warning signals from the apocalyptic sect. On the day before the fire, Mr. Schneider taunted one negotiator with the phrase ``haven't you always wanted to be a charcoal briquette,'' FBI records indicate. That same day, FBI agents saw Davidians holding up a sign in a compound window that read ``flames await.'' ...."

Dallas Morning News 10/8/99 Lee Hancock ".....``That they didn't have reason to expect what happened, that is the worst lie of all,'' Col. Rawlings said. ``They had warning for days that fire was a possibility. As they debriefed the individuals who did come out, they learned about suicide plans. They knew.'' One day after the fire, federal officials told The Dallas Morning News that authorities had heard the Davidians discuss fire plans on April 19...... Pressed on the matter before Congress in 1995, Mr. Jamar said, ``I'm trying to find a plausible explanation. I've been searching this forever. I would love to have known what was going on.''

``I can tell you the monitors didn't hear it. The people monitoring didn't hear it,'' he said. Col. Rawlings said that was implausible. The FBI had access to the government's best technology in Waco, including CIA and military special operations equipment. ``They had enough electronic gear in there, they could have relayed it to Hawaii and you still could have heard what was going on in that compound,'' he said. ``The FBI is going to deny that they have all this recorded. They are not going to want to compromise any of the technology they have used to gather and eavesdrop. But it was clear,'' Col. Rawlings said. ``Saying they couldn't hear is a crock....."

Associated Press 10/7/99 Laurie Kellman ".....Expressing confidence in independent investigator John Danforth, Armey told reporters, "I don't know that we will see any compelling need'' for House hearings. Armey's comments and recent remarks by other congressional Republicans are a sharp change from last month, when party leaders thundered that new revelations about the government's use of force against the Branch Davidians required in-depth congressional hearings and Attorney General Janet Reno's resignation.

In the House, where Democrats only need to pick up six seats to win control in next year's election, some Republicans grew nervous that yet another investigation of the Clinton administration might backfire with voters. There's more enthusiasm in the Senate for new investigations of Reno's agency. But the focus on Waco has been diluted by other complaints against the Justice Department - such as its botched investigation of Chinese espionage charges - and muddied by Republican infighting....."

CBS News/http://www.cbs.com/flat/story_191504.html 10/7/99 ".....CBS News has reviewed documents obtained through the Freedom of Information Act that indicate the military was more involved in the operation at Waco than is generally believed. During the 51-day standoff cameras were kept miles away from the compound. Fuzzy telephoto images showed little of what was going on behind the scenes.

But documents show the FBI had requested from the Pentagon a vast array of equipment. Just three days before the final assault, one Army memo summarized how much had been supplied so far: 10 Bradley fighting vehicles; 2 Abrams tanks; 5 combat engineering vehicles; 1 tank retriever; 3 Huey, 3 Chinook and 2 Blackhawk helicopters; night vision goggles; gas masks; and the list goes on. Furthermore, the FBI also asked the military for training on 40mm grenade launchers along with hundreds of rounds of ammunition, including 250 high-explosive rounds, according to one report from the General Accounting Office. All of this for a mission that was officially described by the FBI as a hostage rescue mission....."

CBS News/http://www.cbs.com/flat/story_191504.html 10/7/99 ".....And while these documents show that the exact number and specific mission of Special Forces remain classified, CBS News has learned that congressional investigators are going to closely examine their role in the siege. If so, the main question is who approved of their involvement? By law, only the secretary of defense or the president can authorize the use of Special Forces in situations like Waco. And who approved of the delivery of all the equipment and support personnel to the FBI? In the wake of the attack, Reno took full responsibility for approving the final assault plan. ....."

Accuracy in Media 10/13/99 Reed Irvine Cliff Kincaid ".....Attorney General Janet Reno wants us to believe that she had no idea the FBI used fire-starting devices on the Branch Davidian compound in Waco back in 1993. She wants us to believe that she was "out of the loop." But when the matter involved a group of lesbians down in southern Mississippi, Reno took a very active role. In order to safeguard Camp Sister Spirit from neighbors who were greatly offended by the lesbians' behavior and plans, Reno told the FBI to intervene. And Camp Sister Spirit was NOT burned to the ground. Reno's 1994 handling of Camp Sister Spirit has not received a great deal of media attention. But treatment of this lesbian compound is in such stark contrast to Waco that it deserves serious comment and review. If Reno took such an interest in protecting Camp Sister Spirit, could she really have been in the dark about what the FBI did at Waco?....... Homosexual Rep. Barney Frank entered the controversy, maneuvering a House subcommittee to hold an oversight hearing in Mississippi. A conservative Democrat appeared at the hearing in opposition to what the Hensons were trying to do. He said he believed that a community had the right of "self-determination" and should be able to restrict operations like Camp Sister Spirit. Barney Frank rejected this, saying, "I hope you find a country to live in, because it's not the United States." In the world of Barney Frank and Janet Reno, federal officials tell local people how to manage their communities. In Waco, the result was fire and death....."

Associated Press 10/15/99 Susan Parrott "…. Lawyers in the Branch Davidians civil lawsuit emerged from a status conference Friday with a likely trial date in May. Plaintiffs' attorneys and federal lawyers met in a private meeting with U.S. District Judge Walter Smith, who said he will order a new date early next week. …."

World Net Daily 10/15/99 Joseph Farah "....Will we ever find out the truth, the whole truth and nothing but the truth regarding the federal government's wholesale slaughter of 80 men, women and children at Waco? The U.S. Senate is off to a bad start. ....Perhaps the worst news is that Sen. Arlen Specter, R-Pa., who had been tapped to head the task force, will chair the Judiciary subcommittee probe in an unusual arrangement that calls for the panel's chairman, Sen. Charles Grassley, R-Iowa, to relinquish his leadership for purposes of that investigation. Unusual? Highly unusual. .....Specter is not trusted by the American people to conduct a fair and impartial investigation of such an important debacle. Remember, Specter first came to national prominence for his role on the Warren Commission and his wholly unbelievable "single-bullet theory." Almost 36 years later, Americans still widely distrust the Warren Commission findings on the assassination of President John F. Kennedy. Specter played a key role in that botched investigation. ...... Remember his theories about "Scottish law"? He came up with his rationalizations for acquittal of the criminal-in-chief only after his wife got a plum appointment to the National Endowment for the Arts. .......Oddly enough, if there is any hope for new revelations from this committee, they are likely to be spurred by Sen. Robert Torricelli of New Jersey, the top Democrat, who has been a stinging critic of Reno and her injustice department. But Torricelli has a history of closing ranks with his Democratic Party friends in the administration when things start getting really hot. He'd like to have Reno's scalp. But he is not eager to bring down a Democratic president over Waco or any other scandal....."

The Pittsburgh Tribune-Review 10/15/99 "..... The FBI has unearthed another cache of evidence and records regarding the 51-day siege and fire. None of it was presented during Justice Department and congressional investigations in 1993 and 1994. The FBI says that some of this documentation was just overlooked and some wasn't turned over to investigators because it wasn't specifically requested. This legal parsing recalls a certain deposition where the definition of ``is'' was debated. That hardly paints the picture of an FBI interested in helping the public learn the truth about Waco. In fact, it suggests a cover-up. ...."

The Pittsburgh Tribune-Review 10/15/99 ".....It's no wonder the FBI didn't want some of this ``new'' information brought to light: - FBI agents requested approval to shoot unarmed Branch Davidians during the siege. - The FBI, seven times, launched handheld grenades at exiting Davidians earlier in the standoff. This, of course, is the reason why former U.S. Sen. John Danforth was tapped to revisit the Waco investigation - to try to determine who was responsible for withholding evidence and information. This new evidence indicates that the determination to be uncooperative with investigations was widespread. ...."

The Dallas Morning News 10/14/99 David Jackson Lee Hancock "....Senate members ended weeks of arguing Thursday with an agreement on how to investigate the Justice Department's handling of the Branch Davidian siege and other problematic, high-profile cases. They scrapped the idea of a special task force, instead assigning an existing subcommittee to review the department's investigations of the 1993 standoff near Waco, alleged Chinese nuclear spying, and campaign fundraising. ``They're all important, but the Chinese espionage issue is the most important,'' said Sen. Arlen Specter, R-Pa. He fought to chair the special task force, and now will run the investigation through a special assignment to the subcommittee, though he said ``that is not my preference.''...."

The Dallas Morning News 10/14/99 David Jackson Lee Hancock "....``I think it's better to rather than comment to let Senator Danforth pursue the issues,'' Reno said. A spokeswoman for Danforth declined to comment. But some Congressional leaders said the revelation about FBI closed-circuit cameras at Waco is further proof that the bureau and the Justice Department have not given a full accounting of what happened in Waco.....``So the question is, why would the FBI keep the existence of this evidence hidden from the public? ... This report is one more reason why more expansive oversight of the bureau is needed,'' Grassley said......Federal Judge Walter Smith, who is overseeing the wrongful death lawsuit, ordered all government agencies in August to give his court every document relating to the incident. The first boxes of documents began arriving in Waco earlier this month, and government officials have said that more than a million pages of documents will be transferred there......"

The Dallas Morning News 10/14/99 David Jackson Lee Hancock "....The military alone has estimated that at least 6,000 pages of its documents are classified, and CIA, FBI, Treasury, ATF, and Justice Department officials have indicated that their agencies have a number of secret documents relating to the standoff. The White House is also producing documents, and the Treasury Department has asked White House lawyers to determine whether three of its documents may be exempt from the order under executive privilege....... The House Government Reform committee has already issued broad subpoenas on the Davidian case and repeatedly sent investigators to Texas to gather information......."

The Dallas Morning News 10/14/99 David Jackson Lee Hancock ".....In his investigation, Specter said he expects to give higher priority to allegations of Chinese spying at American nuclear labs, allegations which the Chinese have denied. His subcommittee could begin issuing subpoenas on that issue and on campaign finance on Tuesday if its members cannot agree on what documents should be sought voluntarily from the Justice Department. Under the compromise worked out Thursday, Specter will have the authority to hire private attorneys and staff. He has already asked Philadelphia lawyer Michael Baylson to head the effort..... ``The best antidote for what has gone wrong is the truth,'' Torricelli said...."

Fort Worth Star Telegram 10/14/99 Maria Recio ".....Investigations into the Branch Davidian siege near Waco got new life on Thursday amid reports that the FBI used closed-circuit surveillance cameras around the cult compound. Attorney General Janet Reno would not say at her weekly news briefing whether she knew of the existence of surveillance cameras or videotapes.....Classified material about the surveillance cameras was received by the House Government Reform Committee on Wednesday, a congressional official said. ``This just raises more questions,'' said committee spokesman Mark Carollo. ``We'd really like to know if there are tapes.''......"

Fort Worth Star Telegram 10/14/99 Maria Recio "....FBI spokesman Tron Brekke said in an interview that the agency had used a closed-circuit camera and robots equipped with cameras during the siege but could not confirm that there was a closed-circuit system continuously in use, especially on the last day. ``There was a CCTV camera on a pole that was used one day during the siege,'' Brekke said. ``We have not been able to ascertain any CCTV coverage that surrounded the compound.'' Brekke said that motorized mechanical robots with cameras were at the site, but their lines were cut by use of heavy equipment and ``they were inoperable much of the time.''..... "

Fort Worth Star Telegram 10/14/99 Maria Recio "....A week ago, House Majority Leader Dick Armey, R-Irving, seemed to throw cold water on any further congressional Waco investigations. But yesterday, Armey told Texas reporters that he had spoken to Rep. Dan Burton, R-Ind., chairman of the Government Reform Committee. Burton had been angered by Armey's earlier statements. ``This leadership is not discouraging Dan from holding any hearings,'' Armey said. ``We've got to rely on investigations to getting the whole truth out there. The American people have a lot of questions. Did the FBI act properly? Was there a cover-up?'' Carollo, the committee spokesman, said that the panel would try to declassify the materials about the surveillance cameras. After reviewing more information produced by the FBI, Carollo said, ``we intend to hold hearings.''...."

Dallas Morning News 10/14/99 Lee Hancock David Jackson "..... The Branch Davidian compound was ringed with FBI closed-circuit cameras and secret government sensing devices during the entire 1993 standoff, and the cameras were in use throughout April 19, the day federal agents launched a tank and tear-gas assault, government documents show. But despite written statements from FBI agents and technicians that recordings were made, no videotape from the surveillance cameras has ever been made public by the federal government. Critics of the government's actions in Waco say their efforts to obtain such videos have been blocked for years by the FBI and the Department of Justice..... Lawyers for surviving sect members who have filed a massive wrongful-death lawsuit against the federal government say they are outraged because they have been told repeatedly by government lawyers that the only FBI cameras in use on April 19 were infrared cameras deployed in airplanes high above the sect's compound. "We have asked for every possible form of recording known to man that could have been utilized at Mount Carmel," said the lead lawyer for the group, Michael Caddell of Houston. "We have been told that the only thing that exists are the [infrared] tapes and the surveillance tapes from FBI bugs inside the compound."..."

Dallas Morning News 10/14/99 Lee Hancock David Jackson ".....But formal written statements, known as FBI 302s, obtained by The Dallas Morning News show that at least five FBI agents were sent to Waco to maintain closed-circuit cameras. "CCTV [closed-circuit TV] monitoring sites . . . were all around the compound," one FBI technical expert stated in a June 1993 interview detailed in a three-page FBI 302. "This enabled observers to see everything that was going on at the compound without showing themselves." One agent reported watching from the closed-circuit TV system as FBI tanks began firing tear gas into the compound on April 19, the documents state. A supervisor from the FBI's Quantico, Va., training academy said that the FBI's cameras were also running as the compound caught fire with sect leader David Koresh and more than 80 followers inside, according to a second FBI 302....."

Dallas Morning News 10/14/99 Lee Hancock David Jackson ".....Mr. Caddell said he believes that FBI officials may have withheld information about the cameras because of the images that they captured on April 19. He noted that references to the closed-circuit television cameras were blacked out on the formal statements or FBI 302s that the Justice Department has so far disclosed in the civil wrongful-death lawsuit. Two retired Defense Department experts hired by Mr. Caddell's law firm and a third expert retained by congressional investigators have said that the FBI's infrared airborne videocameras recorded thermal flashes from the compound and from government positions on April 19 that could only have come from gunfire....."

Dallas Morning News 10/14/99 Lee Hancock David Jackson "....."Clearly, whatever those cameras recorded may very well reveal the presence of government gunmen on April 19," Mr. Caddell said. "Consider the alternative. If this evidence showed conclusively that there was no government gunfire on April 19, don't you think the government would've trotted this out front and center six years ago? "This is clearly a deliberate, intentional coverup by people high within the FBI hierarchy," he said. "This type of closed-circuit TV system and recording system would've required approval from FBI higher-ups, and they've known for the last six years that this information was withheld." FBI logs, reports and other documents state that the bureau's agents began setting up closed-circuit cameras within hours after arriving in Waco on Feb. 28, 1993...."

Dallas Morning News 10/14/99 Lee Hancock David Jackson "..... One hand-written log from the FBI's forward command post in Waco stated that approval for the first camera was granted at 10:57 p.m. by a deputy assistant FBI director in Washington. The next morning, officials at the FBI's crisis command post in Washington called to request notification "when the CCTV hookup is completed and the scene is visible in the HRT CP (command post)."Seven days later, FBI agents asked the Defense Department to send prototype robots equipped with video and audio recording devices to Waco, according to Defense Department documents provided by the National Security News Service, a nonprofit, Washington-based research group. The Defense Department documents, obtained by the news service under the federal Freedom of Information Act, state that three of the robots were shipped to Waco the next day. The robots, designed for battlefield reconnaissance and surveillance, "possess day and night cameras, forward-looking infrared imaging sensors, acoustics sensors, video recorder and two-way voice communication," according to a March 1993 Defense Department memo provided by the news service....."

Dallas Morning News 10/14/99 Lee Hancock David Jackson ".....Federal officials now re-examining the government's actions during the Branch Davidian standoff say the federal government has classified all information about the robots' performance in Waco. The devices were not effective, officials stated, because the lenses of their cameras fogged in heavy Texas spring rains and their fiber-optic cables were repeatedly severed by the treads of tanks and Bradley fighting vehicles used by the FBI......"

Dallas Morning News 10/14/99 Lee Hancock David Jackson "..... U.S. District Judge Walter Smith of Waco, who is overseeing the Branch Davidians' ongoing wrongful-death lawsuit, issued an order in August demanding that all government documents related to the incident be turned over to his court. A general from the U.S. Army's special forces briefed the judge Friday on the government's system of classifying and handling sensitive documents.Recent government filings state that the Defense Department has more than 6,000 pages of classified documents on the siege. The FBI, ATF and CIA have reported an unspecified number of classified documents, and even the U.S. Commerce Department has reported nine classified documents on the standoff...."

Dallas Morning News 10/14/99 Lee Hancock David Jackson ".....Already declassified military documents state that U.S. special forces went to Waco to help operate classified military equipment. A May 1995 memo states that those soldiers were ordered not to videotape anything that happened on April 19.....Mr. Caddell said the information about the cameras strengthens his argument that the government's account of the siege is not credible. "For six years, they said no pyrotechnics were ever used on April 19. For six years, they said there was no recording of FBI radio traffic. For six years, no video recordings. For six years, the only infrared recordings still in existence from April 19 started at 10:42 a.m. For six years, they said we didn't know what David Koresh was planning inside Mount Carmel," Mr. Caddell said. "Now we know that all of these were lies. The real question is, is there anything that they told us about Mount Carmel that was true?" ...."

FOX News.com 10/14/99 Julia Campbell ".....Today, the surviving members total about 70 in the U.S. and abroad, down from as many as 300, according to the current sect members. About 20 surviving members remain in Waco. The foundering sect is being held together by Edna and Clive Doyle, longtime Branch Davidians who are leading the construction of a new chapel and holding Bible study in small groups - all while preparing for Koresh's resurrection. "We expect him to come back so we don't need anyone else," said Edna Doyle, who was away from the compound on the first day of the siege. "I would like him to hurry up though." ....."These people made real sacrifices to be there," said Nancy Ammerman, a professor of sociology and religion at the Hartford Institute for Religion Research. "Their beliefs became the centerpiece of their lives. It is no surprise that they would try to put that back together, in whatever form." ....... "

FOX News.com 10/14/99 Julia Campbell ".....In 1984, a man named Vernon Howell (who would later change his name to the biblical David Koresh), a high school dropout from Tyler, Texas, and a wannabe rock star, joined the group and soon became entangled in a fight for leadership. Koresh started an affair with the 60-something leader of the group, Lois Roden, who took him on a trip to Jerusalem and proclaimed that he would be the group's next prophet. When she died in 1985, her son, George Roden, ejected Koresh and his followers at gunpoint. Koresh took his people to the Angelina National Forest near Palestine, Texas, declared himself a prophet and began preaching his own interpretation of the Seven Seals of the Book of Revelation. He and his followers lived in plywood boxes, tents and converted school buses. They also began collecting guns. Some Branch Davidians said they merely bought and sold guns to earn money. Others, whose statements are backed by law enforcement officials, say sect members were given paramilitary training, with Koresh repeatedly telling them, "You can't die for God if you can't kill for God." In 1987, Koresh and several armed followers left their ramshackle camp and stormed Mount Carmel to reclaim the property. Roden was injured in the ensuing gunfight. All of Koresh's followers were tried on attempted murder charges and acquitted, while a jury was deadlocked on a verdict on Koresh. Charges against him were later dismissed. The victory gave Koresh his place as the undisputed leader of the Branch Davidians. ....."

FOX News.com 10/14/99 Julia Campbell ".....In the early 1990s, allegations of child abuse began to surface as Koresh "married" girls in the sect as young as 12. He fathered more than a dozen children, experts say. "He ended up with a scriptural justification for what he was doing," said Ammerman. "He was the new David, charged with creating a new race of people and he spread his seed. How much of that is sincere religious fervor or how much of it is his own perversity?" Koresh's sexual deviance gained the attention of the media, but the ATF first began to take notice when agents learned the sect was amassing a large collection of illegal weapons, including machine guns and hand grenades......"Do I think Koresh was delusional?" said Byron Sage, a retired FBI agent who tried to negotiate with Koresh during the 51-day standoff before the deadly fire. "No. Koresh was a con man and his chosen con was religion. These people thoroughly and completely believed what Koresh was professing, that he was the Lamb of God, a prophet. They bought off on this, and that is evidenced by the fact that these people turned over their wives and daughters to sleep with him. He completely had them deceived - and that deception continues to work to this day." ...."

Insight Magazine 10/17/99 Kelly Patricia O'Meara "....Six years after the siege on Mount Carmel, citizens and lawmakers alike are angry and shocked about details now unfolding concerning the raid that left 75 Branch Davidians dead. Allegations that military personnel were present and participated in the raid on the Davidian compound raise serious questions about mingling of military and civilian forces in direct violation of the Posse Comitatus Act of 1878, which forbids such deployment. . . . . Just one day after the siege at Waco, Texas, ended in a fiery horror, President Clinton gave the American people a glimpse of what to expect. The government could not be responsible for "the fact that a bunch of fanatics decided to kill themselves," he said. The commander in chief then warned that "there is, unfortunately, a rise in this sort of fanaticism across the world. And we may have to confront it again."....

Insight Magazine 10/17/99 Kelly Patricia O'Meara "..... . . . The difference between the mission of civilian and military forces in this context is remarkable. Civilian law-enforcement personnel are trained to deal with situations occurring locally on the city, county or state level. They are trained to consider the individual rights of the citizen, regardless of the severity of the crime, and use of force is a measure of last resort. On the other hand, the mission of the military is national security. Troops are trained to concentrate deadly force on an enemy. . . . . Furthermore, says a law-enforcement official who asked not to be identified, the distinction between the two forces rarely is understood by the general population. "Police don't have rules of engagement," he says. "They have a use-of-force policy. Every law-enforcement officer, office, agency or department in the United States lives by the same use-of-force policy. That is, police may use force only to the level necessary to neutralize a situation and may use deadly force only to protect themselves or the lives of others," he says.

FoxNews 10/19/99 David Leeson "...."'Walk toward the voice,'" Sage said he called out to the Branch Davidians over a public-address system. "I was pleading, 'David, you said you are a savior. Lead those people out. Save them. Don't end it this way.'" When the compound's water tower collapsed into the inferno and Sage saw that no one fleeing, he turned away from the microphone - and the flames...... For Sage, who retired from the FBI last year after 28 years as an agent and senior hostage negotiator, the new inquiry means reliving the details again and defending his and the government's actions that day. He is one of the few authorities willing to discuss the events of the last day of the siege. "The facts have not changed," Sage said in an interview with Fox News Online, though he blames the FBI for not revealing the information about flammable devices earlier and for not deflecting the voices of the so-called "conspiracy theorists." ...... But as negotiations continued, FBI tactical agents, who perform SWAT team-like duties, expressed frustration with Sage's techniques. One rogue agent spraypainted "Sage Is a Davidian" on a nearby outhouse. Sage acknowledged that communication problems between negotiators and tactical agents sent mixed messages to the Davidians. Because of those problems, the FBI has subsequently made changes in the way it trains negotiators and tactical agents for major confrontations. "The negotiators and the tactical team have to be on the same sheet of music," Sage said. "If we're on the phone talking to them, telling them 'When you come out, these things will be resolved' - at the same time, you can't have a tank running into the side of the building." ...... "

FoxNews 10/19/99 David Leeson "....On April 18, a listening device the FBI had planted close to the front door picked up a conversation between two unidentified Davidians. "They can't destroy us unless its God's will they do," one of them said. "Haven't you read Joel 2 and Isaiah 13, where it says 'He's going to take us up like flames of fire?'" The day the FBI began its tear-gas assault, Sage said he still hoped a peaceful end could be reached. Daily negotiations, often terse, biblical debates, blaring music and bright lights all had failed to persuade Koresh and his followers to leave the compound....."

FoxNews 10/19/99 David Leeson "...."At 5:59 a.m. on April 19, 1993, Sage made what would turn out to be his last telephone call to the Branch Davidians. He called to warn them that the FBI would be injecting tear gas into the compound unless they surrendered immediately. U.S. Attorney General Janet Reno had approved the new tactic and the plan was a slow, methodical tear gassing over two days. The plan soon proved a failure. "This is not an assault!" Sage shouted at Davidians over the public-address system. "Do not shoot. We are not entering your compound." But, as the long steel arms of armored tanks barreled into the compound walls and injected the tear gas, the Davidians shot back, according to the FBI...."

FoxNews 10/19/99 David Leeson "...."Sage says the agents underestimated the resolve of the Branch Davidians and the effect tear gas would have on them. For six hours, Sage pleaded with the Davidians to give up, but Koresh and his followers held their ground. Adults put on gas masks; mothers held wet rags over the children's faces. "We were depending on the natural and instinctive nature of a parent to get their children out of harm's way," recalled Sage. "If you sprayed CS at my children in my home, I would move heaven and Earth to get them out." ...."

Wash Post 10/17/99 Robert Suro ".... Hardly anyone is willing to simply take the FBI or Reno at their word about the events of April 19, 1993, when Koresh and 73 of his followers and their children died as federal agents tried to drive them from Mount Carmel, their compound in central Texas. Moreover, Koresh has come to seem much less threatening than when he was the subject of all-out demonization by the FBI and much of the media. While it is an exaggeration to say that Koresh has "won," it is certainly true that Reno and the FBI do not seem like winners anymore as far as this episode is concerned. Koresh is hardly blameless, but over time the siege of Mount Carmel increasingly seems a cruel and dangerous exercise...."

Wash Post 10/17/99 Robert Suro ".... Reading A Place Called Waco leaves you with the sickening conclusion that the Branch Davidians' fiery end was a highly foreseeable train wreck. The book is the story of David Thibodeau, one of only nine people who survived the final day at Mount Carmel..... Most important, the authors provide a crisp narrative of the confrontation between Koresh and law enforcement as seen from within the compound. That perspective reveals a conflict between two ornery parties, both unwilling to back down, neither capable of even trying to understand the other's demands. But these were not two equal parties. Representatives of the federal government stood on one side of the barricades, and they had a responsibility to act judiciously no matter how wackily Koresh behaved....."

Wash Post 10/17/99 Robert Suro "....Thibodeau does not attempt a point-by-point rebuttal of FBI claims that the Davidians set the blaze, nor does he recite the allegations by FBI critics that federal officers directed gunfire at the compound and otherwise took actions directly responsible for the deaths inside. Instead, he concludes that although neither the Davidians nor the FBI deliberately set the compound ablaze, the law-enforcement side knowingly created the conditions for a conflagration......"

St. Louis Post-Dispatch 10/17/99 William Freivogel "....The Justice Department will rely on a high-tech computer program used to detect battlefield sniper fire to prove that government agents did not fire during their 1993 assault in Waco, Texas.... Danforth's investigators were in Washington on Friday watching an original version of the tape, an FBI spokesman said. Earlier this month, Danforth interviewed the two key infrared experts who say flashes on the tape are government gunfire. But Norris J. Krone Jr., president of Maryland Advanced Development Laboratory, says that detecting gunfire on an infrared tape requires more than the naked eye. His firm developed the technology, which uses a computer program to identify gunfire in an infrared scene. Krone, in his first detailed interview on the subject, said Friday that his firm used the computer program to analyze the portion of the Waco tape that supposedly shows flashes of gunfire from government agents. ...."

St. Louis Post-Dispatch 10/17/99 William Freivogel "....The firm determined that the flashes are too long in duration to be small-arms fire, backing the FBI's long-held contention that no government agent fired a shot at the compound during the assault. Krone said experts from his lab have been hired to testify to their findings in the wrongful death suit filed against the government by the Branch Davidians. Krone's lab cannot say what the flashes are. And an informed source, who asked not to be identified, told the Post-Dispatch that the government has retreated from an earlier theory that the flashes on the tape were reflections of sunlight. Both sides seem now to agree that the physics of reflected sunlight rules that out. The two men who claim the flashes are gunfire are Edward Allard and Fred Zegel, former infrared experts at Fort Belvoir, Va., home of the Pentagon's night vision laboratory. They are among the nation's experts on the Forward Looking Infrared (FLIR) technology used on the tape....."

St. Louis Post-Dispatch 10/17/99 William Freivogel "....Allard, who got his doctorate in physics from the University of Missouri at Rolla, lent credibility to the 1997 documentary "Waco: The Rules of Engagement." Zegel, who may have read more battlefield FLIR tapes than anyone, had his doubts about Allard's analysis at first. But he now agrees that gunfire is the most likely explanation of flashes......"

St. Louis Post-Dispatch 10/17/99 William Freivogel "....A key segment of the tape begins about 11:15 a.m., about an hour before the fire that destroyed the compound. A Combat Engineering Vehicle (CEV) is just beginning its assault, knocking into the corner of the gymnasium in the rear of the compound..... At 11:24 a.m., after striking the building five or six times, it pauses. Two dark specks appear behind it. Allard says they are government agents who most likely have emerged from the escape hatch in the bottom of the vehicle. Allard, who can review the tape frame-by-frame on his big-screen TV, shows that flashes seem to shoot out from the specks toward the compound. He says it's a few seconds of automatic weapons fire...."

St. Louis Post-Dispatch 10/17/99 William Freivogel "....At 11:26 a.m. there appear to be three specks alongside the partly destroyed gym and a series of flashes toward the compound. Allard says this is automatic weapons fire from three gun positions directed at the compound -- a classic "tank-infantry" attack, he says. The flashes stop, and the tank appears to back up directly over the specks. Allard says the men are getting back inside. The FBI says the specks can't be people because the treads of the tanks appear to roll directly over them and because people visible on a roof after the fire in later sections of the film look like people, appendages and all, rather than specks. Allard replies that FLIR measures the difference in the heat of adjacent bodies. So a man who shows up clearly on a hot roof becomes a speck when he jumps to the ground, which has a temperature about the same as his body...."

St. Louis Post-Dispatch 10/17/99 William Freivogel "....The next key segment of the tape begins at 12:05 p.m., two or three minutes before the fire erupts. One government tank circles around the back of the compound. Two big flashes appear near one corner of the building, and seconds later smaller flashes emanate from the tank itself; Allard says this is a gunner riding on the vehicle and firing at the compound. Meanwhile, another tank has punched a hole in a corner near the front of the building. About a minute after it pulls away, a fire breaks out at that spot. Within two minutes, fire appears in two more places...."

St. Louis Post-Dispatch 10/17/99 William Freivogel "....Allard says his most disturbing observation comes immediately after the fire starts. He points to dark specks near the site of the wrecked gym and flashes toward the cafeteria. He says this was gunfire that would have blocked the exit of the Branch Davidians. He says most of the 22 bodies of those who died of gunshot wounds were found in this area....."

St. Louis Post-Dispatch 10/17/99 William Freivogel "....When Zegel first saw the film two years ago, he dismissed the flashes as reflections of the sun. The Justice Department too suggested this explanation. But then Zegel realized it wasn't possible. Most of the sun's rays are in the short, visible light. The FLIR looks at much longer wavelengths that are not visible. In that longer range, reflections of the sun have far less power than the radiation emitted by the earth. In other words, sun reflections wouldn't show up as a white flash...."

St. Louis Post-Dispatch 10/17/99 William Freivogel "....The company developed the VIPER system, which Krone said is capable of warning a soldier of incoming fire with a buzzer, sometimes giving the soldier time to dive to the ground, locate the source and fire back before the sniper can lower his gun. The computer program evaluates four characteristics of a flash -- its intensity, duration, shape and size and, finally, its spectral qualities. Krone won't go into the details of the findings about the flashes on the Waco tape because of the pending litigation, but says the flashes were excluded as gunfire because of their duration. The flashes lasted too long to be gunfire....... A partial copy of a report by the firm, obtained by Zegel, concludes that the flashes on the tape are so rapid that a gunman would have to be firing at a rate of 1,800 rounds per minute, too fast for a handheld automatic rifle. Zegel acknowledges that the intensity and duration of the flashes are one remaining doubt he has about the gunfire conclusion. "A gunshot flash itself has low energy. It's the heat from a gas cloud coming out of the barrel that you see. I'm a little surprised that it is as bright as it is because the gas out of a gun is not very luminous," Zegel said. He said he saw no other likely explanation. ....."

St. Louis Post-Dispatch 10/17/99 William Freivogel "....Zegel says a far-fetched possibility is that the flash could represent voltage generated when the field of view of the FLIR changes. Allard acknowledges that there are flashes on the tape that are technical glitches, but says these are distinguishable from gunfire. He says that all that the Maryland lab proved is that shooters were using bigger guns than the rifles the lab tested. Krone responds that the lab has tested the signatures of many guns. FLIR tapes are not generally read for small-arms fire because armies are worried about tank fire. Despite their long years of experience, neither Zegel nor Allard has ever read a FLIR tape to detect small-arms fire....."

St. Louis Post-Dispatch 10/17/99 Terry Gainey ".....McNulty, a Mormon, said he had a "very bad feeling" about the tragic end of the Branch Davidians. He said it reminded him of an episode in his church's history: the Haun's Mill massacre, in northwestern Missouri. In October 1837, 17 Mormon men and boys were killed by members of the Missouri militia. The militia was reacting to an order issued by Gov. Lilburn Boggs, who said all Mormons should either be driven out of Missouri or exterminated..... That Danforth made a moviemaker one of his first stops is a tribute to the impact that Gifford and his chief researcher, Mike McNulty, have had in raising the "dark questions" that Danforth is trying to answer. Their film premiered at the 1997 Sundance Film Festival in Utah. It later won an Emmy Award and was nominated for an Oscar for best documentary. It took the suspicion of the government's version of the event from the realm of the ultra-right into the consciousness of the middle class. And it was McNulty's work on a sequel, "Waco: The New Revelation," that indirectly prompted Attorney General Janet Reno to appoint a special Waco investigator....."

St. Louis Post-Dispatch 10/17/99 Terry Gainey ".....While doing research for the new movie, McNulty found spent pyrotechnic tear gas canisters in a Texas Ranger evidence locker.....Their movie says government agents fired into the compound and may have started the fire. .......In March 1998, McNulty joined forces with MGA Entertainment to develop a new movie about Waco. MGA, based in Fort Collins, Colo., was established in 1996 to make family and children's films for television. "We decided to make this documentary because there were too many unanswered questions," said Rick Van Vleet, MGA president. His son, Jason, is director of the film. Van Vleet said the new movie, "Waco: The New Revelation," will be advertised for sale on television, in newspapers and magazines and on the Internet. He said it will be shown in theaters early next year. A private showing is planned for Washington sometime next month, and Danforth will be among those invited....."

St. Louis Post-Dispatch 10/17/99 Terry Gainey ".....McNulty said the new movie would contain more information about the gunfight he says took place between the Davidians and the authorities on the last day of the siege. He said it would show the participants and explain why it happened. He also said the movie would show how the raid by the Bureau of Alcohol, Tobacco and Firearms on Feb. 28, 1993 -- in which four agents were killed -- turned into a gunfight. "The first shots were fired by the BATF," McNulty said. "The evidence shows that while the BATF fired first, it wasn't at people." ...... Jason Van Vleet said his office was cooperating with Danforth's investigators. He is critical of the news media's coverage of Waco. "We have seen a one-sided story that focused on whatever the ATF or the FBI wanted us to know and the news reported it," Van Vleet said. ...."

Waco Tribune-Herald Mark England 10/21/99 "..... The lead attorney for the survivors of the 1993 siege at Mount Carmel issued the Justice Department Wednesday what amounts to a winner-take-all challenge: proposing a demonstration to prove whether government cameras actually captured images of federal agents firing shots at the Branch Davidians. "That tells you how confident we are that we're right," said Houston attorney Mike Caddell, who faxed a letter to government attorneys. "In my 20 years of practice, I've never seen evidence any clearer than that which shows that the government directed gunfire at Mount Carmel. We're not asking the government to contribute to the cost of the demonstration. My attitude is that the loser pays, which is how I think the lawsuit will work out."..... Caddell, however, said in his letter that the demonstration would prove the FBI's so-called FLIR tapes, taken by infrared cameras aboard an airplane circling Mount Carmel on April 19, 1993, reveal government gunfire. "Your experts ... offer no credible explanation for the numerous flashes shown on the FLIR - flashes which have the abrupt, precise and repetitive signature of gunfire, and which are evidenced by no natural phenomena," Caddell wrote. "Even if an infrared camera could detect sunlight reflections from falling leaves, glass, water puddles, metal, etc... that would not explain these flashes, which are seen only on the (back) side of Mount Carmel from 11:24 a.m. until 12:12 p.m." Caddell concluded bitingly, "Are we to believe the sun shone on April 19 for only those 48 minutes, and then only on the side of Mount Carmel not visible to the media?" ....... "All I can tell you is stay tuned," Ghigliotti told the Tribune-Herald . "The truth will come out." ....... One reason for Caddell's public challenge Wednesday may be to force the hand of Justice Department lawyers. They have refused in recent weeks to provide a crucial detail without which Caddell's proposed test would be scientifically invalid, namely the specifications for the FBI's infrared camera. That information constitutes classified information, the government maintains...... "In addition to muzzle flashes, we will also film glass and pieces of metal reflecting sunlight, water puddles and individuals wearing FLIR-resistant battle dress uniforms," Caddell's letter states. "We will also simultaneously videotape each of these items, so that we can subsequently display the results in a split-screen format for comparison. ..." Caddell invited government experts, Congress and Special Counsel John Danforth to watch the demonstration....... "

Zola Times 10/18/99 Dr Jack Wheeler ".... In March of 1993, I was the keynote speaker at a conference of business and civic leaders held in Indianapolis. One of those attending was a federal judge named Joe (it's best not to mention his last name). He seemed a nice, decent fellow who not once hinted that (as I had been informed by the organizer of the conference) he was on the short list of candidates to be the new Director of the FBI...... Joe and I sat together at lunch and the conversation was pleasant - until someone at the table brought up Waco. The ATF had assaulted the Davidian church complex a month earlier, and the standoff was ensuing with the final holocaust a month away. When I asked Joe what he thought of what was going on at Waco, his entire demeanor and body language changed, his face turned purple with rage, and he announced: "I'll tell you what the FBI should do. Those people [the Davidians] killed Federal Agents. We should go in there and kill every last one of them." Someone responded, "There are children in there, Joe." Joe brushed the comment aside with a wave of his hand. "You don't understand. No one can get away with killing Federal Agents. They all deserve to be killed in return."......"

Zola Times 10/18/99 Dr Jack Wheeler "....And it is important to know just how they were killed, that the method of their killing was as grisly and evil as anything perpetrated by Saddam Hussein. The poison gas pumped into the Davidian church complex by the FBI is a chemical warfare agent known as CS (o-chlorobenzylidenemalononitrile). It is a solid in the form of white crystals. The FBI dissolved the CS powder in an organic solvent so they could liquid spray it in to the buildings. A lot of attention has been paid to the horror of CS, but not much on the solvent. It's called methylene chloride. Ever bought paint remover and noticed the label warning to use it "only in a well-ventilated area"? That's because it contains MC. The effects of MC are exactly the same as those of chloroform if you use twice as much of it. When a person breathes MC (or chloroform at half the concentration) vapor he or she first becomes irritable. Second, they lose their coordination and judgement, while their vision becomes blurred. Third, they become paranoid and hyper-excitable. Fourth, they experience auditory and visual hallucinations. Fifth, they lapse into muscular paralysis and unconsciousness. It is this fifth stage that caused surgeons to use chloroform as the first anesthetic in the 19th century. But doctors switched to ether because of uncontrollable behavior of the patients going through the first four stages - and because of a last sixth stage. If you use only about two times as much chloroform as it takes to render someone unconscious, they suffer respiratory paralysis, stop breathing, and die. It is the same with MC. ...."

Zola Times 10/18/99 Dr Jack Wheeler ".... In the presence of fire, MC vapor decomposes into hydrogen chloride, which has the same effect on any moisture-laden area of the body as sulfur mustard gas used in World War I: excruciating searing pain in the eyes, the mucous lining of the nose, and the lungs. When CS is burned, it produces hydrogen cyanide, the same gas used to execute prisoners on Death Row. During the Iran-Iraq war, Saddam Hussein discovered the most effective chemical warfare agent was a combination of sulfur mustard gas with hydrogen cyanide, which he used in artillery shells to slaughter thousands of Iranians......"

Zola Times 10/18/99 Dr Jack Wheeler ".... The question is: who authorized the CS/MC combination? CS is not normally dissolved into a solution. Who knew about MC and could order it to be a solvent for CS? Sit down, folks, and hold on tight: Janet Reno has a Master's Degree in Chemistry from Cornell University. Cornell has a very good chemistry department. MC is used as an organic solvent for many experiments. There is no question Reno would be very familiar with it, and have been warned of its dangers by her professors. Janet Reno is America's Saddam Hussein....."

Zola Times 10/18/99 Dr Jack Wheeler ".... Congressman Bob Barr (R-GA) has a coroner's photograph taken of one of the Davidian victims entitled "Doe #57." It is of a little girl around five or six years old, her charred body burned beyond recognition and twisted in the ghastly rictus contortion typical of subjection to hydrogen cyanide ....."

www.foxnews.com 10/20/99 Michelle Mittelstadt AP "....Lawyers for survivors of the 1993 Waco siege proposed Wednesday recreating a scene with conditions similar to the standoff's final hours. The high-stakes challenge to the Justice Department is a bid to prove federal agents shot into the Branch Davidian compound...... The lead attorney, Michael Caddell of Houston, proposed a demonstration that would be attended by experts for the government, Congress and the special counsel appointed by Attorney General Janet Reno to investigate the siege...... "The results of this demonstration will prove conclusively that the only possible explanation for the flashes seen on the FBI (infrared) tapes from April 19, 1993 is government gunfire,'' Caddell wrote. "We will then seek appropriate sanctions against the persons responsible for perpetrating this massive lie on the court.'' The Justice Department will "have to review the letter,'' spokesman Myron Marlin said. In recent weeks, department lawyers have refused to provide specifications for the FBI's infrared camera. Without this crucial information, the proposed test would not be scientifically valid....."

www.foxnews.com 10/20/99 Michelle Mittelstadt AP ".... The government has contended in pre-trial motions that specifications are classified. Caddell is seeking confirmation that an infrared camera in the plaintiffs' possession is similar to the one the FBI used. With such confirmation, Caddell proposed to use a plane similar to the FBI's "Nightstalker'' aircraft to fly over a Dallas area firing range, recording infrared images of gunfire from weapons types carried by Davidians and federal agents......An infrared expert retained by the committee as well as others consulted by the plaintiffs and several media organizations have concluded that bursts of light on the FBI's infrared tapes represent gunfire from government positions, Caddell said. "The only `experts' who dispute these conclusions are on the government's payroll,'' he said, taking issue with government theories that the light flashes represent sunlight glinting off water puddles, shards of metal or debris......."If we had thought it was gunfire, I can guarantee you without any question we would have said it's gunfire,'' said Norris J. Krone Jr., president of the Maryland Advanced Development Laboratory. Krone declined to discuss whether the FBI or Justice Department has hired his lab for Waco-related work...."

www.cnn.com 10/21/99 Pierre Thomas "..... However, Norris Krone Jr. of the Maryland Advanced Development Laboratory, who performed an independent analysis on a number of infra-red tapes from Waco in 1997, concluded that the "signature" of the flashes was not consistent with sniper fire. Krone has subsequently been retained by the FBI to conduct additional tests. He told CNN that his fundamental findings remains the same, though he declined to offer specifics....."

NewsMax 10/22/99 Carl Limbacher ".... When Michael McNulty's " ..... NewsMax.com has learned that McNulty's new film "Waco: A New Revelation" is set for release this November and will be previewed to select media in Washington on November 3rd. McNulty tells NewsMax.com, "If you liked 'The Rules of Engagement,' you'll love 'A New Revelation.' If you hated 'The Rules of Engagement,' you'll really, really hate this new film." ...."

San Francisco Chronicle 10/24/99 Landon Summers ".....URL: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/1999/10/24/ED21390.DTL MY COUSIN, Gregory Summers, died in the government action against the Branch Davidians at Waco, as did his wife and daughter. So, of course, I was saddened to hear the Justice Department's newest revelations.......Many of us are bothered when others pursue truth, whether they be on the left or the right. By default, the status quo becomes our confessor, and intolerance its attendant spirit. The damning irony, then, of David Koresh's faith is that he mistrusted us and told us so. Do I sanction armed confrontation? No, but I roll my eyes that Justice now tells us that it had nothing to do with the conflagration at Waco. Maybe so. I do not know. But Justice's six-year silence gives me pause. I also am troubled that Justice so confidently attacked my cousin's motives, and shows no remorse for its own doings. But maybe they have good reason not to care. Maybe it's because most Americans do not care........ The experience of my grandfather and uncle speak compellingly here: First, due process and equal protection often fall prey to unchecked judicial discretion; second, those who would say no to injustice typically are hyperbolized as extremists.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....At 5:55 a.m. on April 19, 1993, Christopher K. Curran had a front row seat for the FBI's assault of the Branch Davidians' complex near Waco, Texas. A member of the FBI's Blue Sniper Team, he occupied an observation post known as "Sierra 1," responsible for covering the front of the complex. John C. Danforth is going to want to talk to Curran. He and dozens of other participants with direct knowledge of the government siege have to be on Danforth's investigative road map as he tries to answer four questions: Did government agents fire into the complex, start the fire, cover up wrongdoing or illegally use the military in the assault? ....."

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....It was still dark when a modified tank operated by FBI agents approached the complex, the opening move in an operation to use tear gas to force out the Branch Davidians. Almost immediately, Curran began hearing gunfire. At that moment, another agent, Lon Horiuchi, who was occupying the Sierra 1 position next to Curran, transmitted a code word on the radio network that linked the FBI agents together. "Compromise!" said Horiuchi. The code word meant that the tanks were being fired upon from inside the Branch Davidian complex.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....Richard Rogers, the head of the FBI's hostage-rescue team, said the sniper coverage would have been used only to protect agents in the tanks. "The snipers specifically did not fire at any individual in the compound when there was automatic weapons fire coming from the compound and directed at the armored vehicles or the sniper positions themselves, because the snipers did not acquire clear and identifiable targets," Rogers said in his after-action report.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....Rogers is another potential witness, as one of a handful of top FBI commanders on the scene. The others were Jeff Jamar, who had overall control of the siege; Bob Ricks, special agent in charge of the Oklahoma City field office who handled the press; and Richard Schwein, special agent in charge of El Paso who commanded the night shift at Waco.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....Another likely witness is agent Charles Riley, who was quoted in an after-action report as saying that he heard gunshots coming from Horiuchi's sniper position. Horiuchi is the FBI sharpshooter who had fatally shot Randy Weaver's wife at Ruby Ridge, Idaho, in 1992. Horiuchi has denied firing shots at Waco, and Riley, in a 1996 report, said he never had heard shots or said he had.....Two other FBI agents who might know if the government fired are James T. Walden and Gary Harris. Walden was the commander of the tank that demolished the gym in the rear of the compound. Harris, a member of the hostage rescue team, was its driver. Beyond hearing the "compromise" code word about shooting from the complex, their reports make no mention of gunfire.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....The FBI has a stringent system of review of shooting incidents in which every round of ammunition is accounted for. However, there was no such review at Waco. "We have a formal process that is instituted when there is a belief that a shot is fired," said John Collingwood, an FBI spokesman in Washington. "But they didn't have an actual ammunition count after Waco" because it wasn't thought shots had been fired.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....Danforth should be able to determine if the casings are from ammunition used by the FBI or ATF. The casings contain the charge to propel a bullet and are left behind with the weapon once a shot is fired. A weapon leaves marks on the casings which can be later used to identify the rounds fired by the weapon. The Hostage Rescue Team has records of which guns were involved at Waco, a former FBI agent told the Post-Dispatch. The casings can be compared to the guns used by the FBI.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....Rogers, the head of the hostage rescue team, is also a key witness on the question of whether the government started the fire. He gave the order to use tear gas canisters capable of starting fires. The canisters were fired about 8 a.m. at an underground bunker about 50 yards from the compound and have not been linked to the fire. The government has surveillance recordings of Branch Davidians' voices that indicate they set the fires. One person Danforth may want to interview is Army Col. Rodney L. Rawlings, who told the Dallas Morning News he clearly heard the Branch Davidians talking about setting a fire. Later, he said, he heard Koresh give the order to set the fire. Rawlings says he was in the FBI's main Waco command post as the liaison between the Army and the FBI. Rawlings has since retired.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....Danforth has the report of a team of independent arson investigators who concluded the Branch Davidians set the fire. But lawyers for the Branch Davidians have a munitions expert, Jack Frost, who says 40 mm "flashbang" devices used by the government agents that day could have started the blaze. Flashbangs explode to make loud disorienting sounds. In addition, Richard L. Sherrow, a former ATF fire investigator, has filed a declaration in court stating that the fire could have been started by a government tank striking a corner tower of the compound a minute before flames erupted, possibly knocking over kerosene lanterns.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....The most sensational allegation of military involvement is from Steven M. Barry, a Special Forces veteran. Barry filed a declaration in court stating that an acquaintance in the Army's secret Delta Force had told him in 1993 that it had a sizable operation at Waco. He also said he had heard that Delta team members had slipped into the gym to place listening devices and had been in a position to capture Koresh but had been told not to because something else was planned. Barry has refused to name the officers because he promised them confidentiality. Nor does he say whether his sources had firsthand knowledge. Barry also maintains that he recognized men dressed in Delta Force outfits in a picture taken after the fire. This is part of the basis of the claim by Michael McNulty, maker of the controversial documentary about Waco, that the Delta Force was actively involved in the assault.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....Danforth's investigators probably will talk to two Delta Force officers who were involved in a crucial April 14, 1993, meeting in Washington at which a reluctant Reno was convinced to go ahead with the tear gas assault. These officers are identified as Army Col. William Boykin, then commander of Delta Force, and Army Brig. Gen. Peter Schoomaker, then assistant division commander of the 1st Cavalry Division at Fort Hood. A House of Representatives report says that one of these men told Reno that if the Delta Team were trying to end a barricade situation in a foreign country, it would take out the leader. FBI officials familiar with the meeting say that the Delta officer was instrumental in convincing Reno of the FBI view that a larger dose of tear gas should be administered if the Branch Davidians fired back.

St. Loius Post-Dispatch 10/24/99 Terry Ganey William Freivogel ".....The strongest initial evidence of a cover-up was Reno's admission this summer that military-style pyrotechnic tear gas had been used, despite her earlier denials under oath. This is what triggered the Danforth investigation. Now, it turns out that some Justice Department lawyers knew about the use of the pyrotechnic rounds within days of the fire. FBI agents told Justice Department lawyers about it in 1993 interviews. The Dallas Morning News identified the lawyers conducting the interviews as Assistant U.S. Attorney Leroy Jahn of San Antonio and Justice Department prosecutor John Lancaster. "There were a lot of people who knew at the time that these rounds were fired," one Justice Department official told the Post-Dispatch. "When asked to describe their day, they talked about using the rounds; and when they talked to the U.S. attorney's office and the lawyers in the Civil Division, they talked about it. But when people prepared for testimony, they focused on what was fired at the compound." One recent suggestion of a cover-up was the disclosure that the government had closed-circuit television cameras monitoring the entire scene. Why had the government not turned over that videotape? The answer, says the FBI, is that the closed-circuit cameras were monitored by agents but did not contain tape......"

Reuters 10/24/99 ".....One of the congressional committees investigating the assault on the Branch Davidian compound in Waco, Texas, may order ballistic tests on some bullet casings found at an FBI sniper position, according to a New Yorker magazine story to be published Monday. A report by the Texas Rangers subpoenaed by a House panel and made public last month said ammunition often used by snipers was found in a house used by both the FBI and the Bureau of Alcohol, Tobacco and Firearms. The report said twelve .308-caliber shell casings and 24 .223-caliber shell casings were found at the house. The New Yorker story said the congressional panel, which was not named, wants to determine who fired the .308-caliber bullet and when they were fired....... "

Star Telegram 10/22/99 Karen Brooks "…..President Clinton, Attorney General Janet Reno, FBI Director Louis Freeh and members of Congress are among the invitees to a Nov. 3 private screening in Washington of Waco: A New Revelation, the movie's director said yesterday. "We don't expect all of them to show up, but they're invited," said Jason Van Vleet of the independent MGA Entertainment in La Porte, Colo…… Van Vleet said investigators who work for John Danforth, who was appointed by Reno to lead an independent investigation, told him they plan to be at the screening. "That's what they've said so far," he said…… For the latest film, Van Vleet and McNulty interviewed theologians, experts in explosives and infrared imaging, witnesses, survivors, former federal employees, attorneys representing the Branch Davidians, and investigators from federal, state and local agencies……. "

The Dallas Morning News 11/3/99 Lee Hancock "….A Waco federal judge angrily warned Tuesday that the government faces contempt proceedings within two weeks if its lawyers do not surrender every federal document relating to the Branch Davidian standoff. "The court is not unmindful that the government waits not only until the last day, but until the last minute, to respond to every order this court has issued. That practice causes the court to be suspect of the government's desire to comply with its orders," Judge Walter S. Smith Jr. wrote in a four-page order rejecting a government plea for another month to complete the turnover. It marks the second time in two months that the judge has threatened to hold the government in contempt for its efforts to fight the wholesale turnover of all federal documents relating to the 1993 incident. …Judge Smith's Tuesday order complained that the Justice Department has unnecessarily delayed and possibly even deliberately stalled making arrangements for housing federal classified documents connected with the case in Waco. The order noted that government lawyers have tried to use the lack of proper facilities in Waco to delay sending secret military records and other classified materials related to the case. As a result, Judge Smith wrote, more than 7,000 secret Defense Department documents have not been produced, and the Justice Department "has done nothing to assure the transfer of those materials." He set a Nov. 9 deadline for security arrangements for storage of classified records in Waco. After that, Judge Smith wrote, "the court will presume that the Department of Justice has waived the right to complain about how such materials are stored in the Waco courthouse." ….."

The Dallas Morning News 11/2/99 Lee Hancock "…White House officials have turned over 588 pages of materials but are withholding one classified document "until further notice," according to a memo from the White House counsel's office. None of those White House documents has been previously disclosed to Congress, the public or earlier reviews of the Branch Davidian siege by the Justice and Treasury departments, Monday's filing indicated. Lawyers for President Clinton also "have located materials that we believe are subject to executive privilege," the memo stated….."

The Dallas Morning News 11/2/99 Lee Hancock "…Also Monday, the Justice Department told lawyers representing Branch Davidians and their families in a wrongful-death suit that they will not be allowed to directly question any special-forces military personnel involved in the Branch Davidian standoff. Because national security laws allow the government to withhold even the names of military personnel involved in secret special operations units, lawyers for the sect will be limited to written questions and anonymous answers from such soldiers sent to Waco, a Justice Department lawyer informed lead Branch Davidian lawyer Michael Caddell of Houston on Monday. Mr. Caddell said that amounts to "another government runaround." …."What they're proposing means that these questions will be handled by a bunch of lawyers, and we're never going to see face-to-face people who may have been involved in shooting," Mr. Caddell said. Mr. Caddell said he will ask U.S. District Judge Walter S. Smith Jr. of Waco to sanction the government if it chooses not to produce military personnel for face-to-face depositions….."

The Dallas Morning News 11/2/99 Lee Hancock "…Judge Smith already has shown waning patience for the government's lawyers in the case, which is set for trial in May……At least 751 original FBI documents will have to be replaced by photocopies. The originals were in an entire file box mistakenly thrown away about Oct. 10 by a Washington-area copying firm hired by the FBI to duplicate its Branch Davidian files, the government filing stated. The copying company traced the box two days later to a Washington trash hauler but not before 751 pages from it were compacted and buried in a Virginia landfill, the government pleading stated….."

The Dallas Morning News 11/2/99 Lee Hancock "…An FBI memo included with Monday's filing indicated that other Branch Davidian documents also appear to be missing from the bureau's files. Only a few photocopied pages have been found from two notebooks used by a high-ranking FBI official during the standoff, the FBI memo stated. The notebooks are thought to belong to Danny O. Coulson, who was then deputy assistant FBI director and helped supervise the bureau's Washington command center during the siege, the FBI memo stated. "We are continuing in our efforts to locate the missing original materials," the FBI memo stated….."

The Village Voice via NewsMax.com 11/3/99 James Ridgeway "…..On Wednesday morning Washington's elite will converge on the basement theater of Union Station for their first viewing of Michael McNulty's Waco-A New Revelation, the follow-up to his 1997 doc on what happened during the feds' siege of David Koresh's Branch Davidian HQ at Mt. Carmel in Texas….. The first showing is for 160 journalists. After they file out, there will be another private screening-this one for some 200 top officials from the FBI, CIA, Pentagon, Justice Department, and Congress, as well as defense attachés from foreign countries. The president and first lady have been invited, and so have Al Gore and Janet Reno….."

The Village Voice via NewsMax.com 11/3/99 James Ridgeway "…..In his investigation McNulty has discovered that German counterterrorism officials and members of Israel's Directorate of Military Intelligence were pre sent at Waco, in addition to the elite British Special Air Services (as reported in the Voice, October 6, 1999). These foreign spook experts liaised with the army's Delta Force and navy SEALs, the FBI, and others still unknown. McNulty is now reporting that the CIA was also involved. He claims the CIA spooks provided a tiny, high-tech multiplexer mixer to electronically sort out all the different bugs, taps, and video shots of the events leading up to and during the fire….."

The Dallas morning News 10/27/99 Lee Hancock "….Government lawyers have rejected a Texas attorney's challenge to join a scientific field test that he has said would prove that federal agents fired at the Branch Davidian compound near Waco just before it burned in 1993. The federal lawyers sent a caustic letter Monday declining to participate in tests designed to show how airborne infrared cameras similar to those used by the FBI during the siege might have recorded the thermal signatures of gunfire…… [Caddell] He said the decision was particularly disturbing because outside investigators who recently began re-examining the 1993 incident have expressed interest in such a test, including House and Senate committees and the office of independent counsel John Danforth. "Your refusal to participate in efforts to arrive at the truth of what happened . . . will clearly be interpreted by many as an admission of liability and a continuance of the government's stonewalling," Mr. Caddell wrote in response to the Justice Department……But Mr. Caddell has said he is confident enough in his experts' conclusions that he is willing to finance a full field test, using an airborne infrared camera to record test firing from guns similar to those carried by federal agents and Branch Davidians. In her letter Monday, Ms. Hagen took a swipe at Mr. Caddell's decision to make public his invitation for the government to participate. "We believe that the issues should be tried [in federal district court] rather than in the press," she wrote. "We agree that this matter is of national importance and are confident that the truth will be shown at the trial."….."

Entertainment Wire 10/26/99 "....In an exclusive interview with Penthouse, McNulty says the President may not have actually signed a waiver for Delta Force. Instead, he says, Clinton may simply have verbally authorized the use of the deadly assault force. Who has ``a series of documents'' that may prove White House involvement one way or the other? According to McNulty, it is Hillary Rodham Clinton. In the Penthouse interview he urges people not to confuse the seriousness of the Waco siege with other White House scandals. ``There is no comparison between sexual dalliances in the hallways of the White House and the death of almost 100 men, women, and children in a church-home-residence in the middle of the Texas plains.'' ...."

Associated Press 10/26/99 Michelle Mittelstadt "....The Justice Department has brushed aside a challenge by lawyers for survivors of the 1993 Branch Davidian siege to participate in a demonstration that the lawyers contend would prove federal agents fired shots during the standoff's final hours..... In rejecting the offer, a legal team representing the government in a massive wrongful-death lawsuit headed to trial next May cited that litigation and uncertainty over the validity of the demonstration. ...... The plaintiffs' lawyers offered last week to put their theory to the test. They proposed a demonstration in which weapons similar to those carried by Davidians and federal agents alike would be fired at a Dallas-area firing range while a plane mounted with an infrared camera similar to the one used by the FBI would record the demonstration.....Bureau officials cautioned last week that it would be ''near impossible'' to duplicate conditions, particularly since they say the plaintiffs lack crucial information about the altitude of the FBI plane that flew over the compound, the infrared camera's design specifications and film speed. Caddell, in an interview, said his experts know the film speed and altitude of the FBI ''Nightstalker'' plane, lacking only confirmation of the type of infrared camera used. The government has rejected several requests for that information, saying it is classified....."

Fort Worth Star-Telegram 10/24/99 Jennifer Autrey "….. Since SWAT teams were formed, special-forces units such as the Army's Delta Force and the Navy SEALS have been involved in training police in the use of military techniques and equipment. When those methods go awry, as at the Branch Davidian compound near Waco in 1993, violations of civilians' rights or even death can result. The amount of instruction that the armed forces can provide was cut back after the Branch Davidian siege "because the military took a bad hit in that," said M.L. "Sandy" Wall, president of Texas Tactical Police Officers Association and a Houston SWAT team leader. Military spokesmen said the training offered to police is limited to what the armed services deem acceptable….. The firepower available to common criminals creates a need for police teams with special abilities and potent weapons, police argue. And although tactical officers may acquire deadly methods, police say, SWAT teams are composed of emotionally fit people who understand that their role is to uphold the law, not to kill….."

Fort Worth Star-Telegram 10/24/99 Jennifer Autrey "….. Because of Ruby Ridge and Waco, critics have focused on the FBI's Hostage Rescue Team as a prime example of the dangers of the militarization of law enforcement. Formation of the team was prompted by the massacre at the Munich Olympics in 1972…. Members of the FBI rescue team train with military special forces, wear similar black jumpsuits and use similar equipment. Many members of the FBI team served in such elite military units as the Army Rangers, Delta Force or Navy SEALS and have seen combat. "You have, quite frankly, some of the most deadly individuals in the entire world in the hostage rescue team of the FBI, but their commitment is to not use those talents, or that technique or that training," said Danny Coulson, the team's first commander….."

AP 10/26/99 "….The federal judge in a wrongful-death case filed by surviving Branch Davidians said he's assembling ``a mountain'' of government records from the 1993 Branch Davidian siege mostly to protect evidence that may come to light in his court. But U.S. District Judge Walter S. Smith Jr. also wants to ease public concerns over recent FBI revelations about Waco that contradict the government's previous accounts of what happened during the 51-day siege. ……``If they had just been upfront with the things that now are coming out like teeth are being pulled, there wouldn't have been a problem,'' he said. Those who know the 58-year-old judge say his orders forcing multiple government agencies to handover the large volume of evidence is vintage Walter Smith - quick, decisive and unbending to legal criticism…..``There are those that want the trial to be an opportunity to expose government malfeasance, and to perhaps increase the public's trust in its government,'' he said. ``I don't want the trial to become a political arena, but to some extent, it will be.'' …."

KIEV870 talk radio 10/25/99 Freeper flamefront "...Larry Nichols talks with George Putnam on KIEV870 (25 October 1999)

GP: Welcome to my old friend Larry Nichols in Little Rock, Arkansas... We have Larry Patterson coming today but before that you are on. What is new?

LN: ... Regarding Waco I have some news. The FBI had hired independent video crews who were on the scene. Thirty minutes before the fire the FBI told them to move back from their positions or "You're liable to be burned." The film crew people are undercover now. They are afraid of Reno and the FBI will get to them.

GP: What about Freeh?

LN: FBI took up the videos, cameras, and equipment. A person has kept a role of film to show they were there. We are trying to get it out. The circle of control is almost complete. Where would you take him - to know he would be safe?

GP: Larry Klayman of JudicialWatch. We don't have a balance of power, filegate still is in my opinion at the center if it. Larry Klayman was run off the road recently.

LN: This is maddening. Where do you go? how do you get ...?

GP: Well, Hillary will be deposed soon by Larry Klayman.

LN: One of the questions to ask her is - Who was it in Washington DC that said (to the FBI in Waco), and I quote, "Take it down." ......"

Waco tribune herald 11/2/99 Tommy Witherspoon "....For the second time in a month, the federal government has asked U.S. District Judge Walter S. Smith Jr. of Waco for more time to comply with his order to produce all evidence related to events at Mount Carmel. ..... "The judge initially ordered these documents produced in August, and it is hard to understand how they can't get their act together after four months," Caddell said. "They should have been doing this all along. They have organized these documents for Congress twice now. The truth is that all this stuff has been organized before. They make it sound like this is the first time anybody from the government has gone through these documents." ..... By Monday, the FBI had shipped 131 boxes of materials to the court in Waco, including more than 100,000 pages of documents, 882 audio tapes, 121 video tapes, numerous computer disks, laptop computers, photographs and more, the notice reports. Also by Monday, the ATF had shipped at least 66 boxes of materials to the court....... The U.S. attorney's office for the Western District of Texas, which handled the criminal prosecutions of 11 Branch Davidians in San Antonio, has submitted 111 boxes; the Department of Defense has gathered about 30,000 pages of unclassified materials and 7,000 pages of classified documents and has forwarded about 12,000 unclassified pages to the court. The executive office of the president has produced documents, too, and is in the process of completing its search of archived e-mail messages, according to the notice. The office estimates that it will have provided "all responsive unprivileged material" by Thursday ....."

AP 11/1/99 "…. Government officials asked a federal judge Monday for more time to turn over all materials relating to the 1993 Branch Davidian siege, saying they were unable to meet their court-ordered deadline. In a request filed in federal court in Waco, the Justice Department said it needs until Dec. 1 to complete its task of surrendering an avalanche of documents and other materials sought by U.S. District Judge Walter S. Smith…… Michael Bradford, U.S. attorney for the Eastern District of Texas, said Monday the court must establish security measures and appoint security officers before the classified documents are submitted…."

U.S.News 11/8/99 Mike Tharp "…..But Houston lawyer Michael Caddell, who represents some of the Davidians, says the group has "specific evidence" showing that Horiuchi did fire his weapon. Earlier this year, a federal judge in Waco ruled that the Davidians had uncovered "at least some evidence to support their claim" that Horiuchi fired into the burning building…… How did this 15-year FBI veteran, the son of another U.S. Army officer, wind up in such a legal quagmire? What caused this husband and father, a politically conservative Catholic who homeschools some of his six children, to become such a figure of hatred? Horiuchi's actions at Waco and Ruby Ridge have been documented in great detail. Perhaps it is the significance militia groups have attached to both events, rather than the events themselves, that has intensified the focus on him. For now at least, Horiuchi is not saying. His attorneys have counseled silence, and that seems to be Horiuchi's preferred response in any case. "He's a very private person, very protective of his family," says Adam Hoffinger, one of the lawyers for Horiuchi, a third-generation Japanese-American who grew up in Hawaii. "We're determined to let him get on with his life." …..

The Dallas Morning News 10/31/99 Lee Hancock "....The images are a peculiarly American vision of hell: An apocalypse on the Texas prairie swallows a ramshackle building and more than 80 occupants as an army of federal lawmen circles in tanks and helicopters. The pictures have consumed Mike McNulty and his colleagues, driving their six-year quest to prove dark theories of government wrongdoing in the Branch Davidian standoff near Waco....... Some see the 1993 incident as a case study of federal power gone mad. Others are driven by what they call implausible government explanations. Still others can't accept that authorities did not save the 17 children who died when the Davidians' compound burned on April 19, 1993. Their zeal has spawned lawsuits, films, Internet sites and scientific studies. They have hectored lawmakers, journalists and anyone else who will listen. Information they have unearthed is the foundation of a federal lawsuit alleging that government negligence and wrongdoing caused the Waco tragedy, charges that government lawyers vehemently deny....."

The Dallas Morning News 10/31/99 Lee Hancock "....The network has persisted despite efforts of government officials to marginalize it as a collection of as kooks, gun nuts and conspiracy theorists led by a low-rent Oliver Stone, Mr. McNulty. Many in the informal network will be with Mr. McNulty in Washington on Wednesday to fire their latest broadside: a documentary called Waco: A New Revelation. Mr. McNulty and the Colorado company producing the film, MGA Entertainment, have invited the national news media, legislators and government leaders to the premiere......"We're not right-wing militia crazies. We're regular citizens who feel passionately that something is wrong with what happened at Waco," he said. "We've gotten a lot farther than anyone ever thought we would." ..... "

The Dallas Morning News 10/31/99 Lee Hancock "....A 48-year-old who laughingly describes himself as a "gun nut," David Hardy said his legal work on firearms issues prompted his recruitment to the Waco cause by a colorful private investigator named Gordon Novell. Mr. Novell is best known for being labeled a "CIA operative" by the late New Orleans prosecutor Jim Garrison amid his investigation of the Kennedy assassination. Mr. Novell became involved in the Davidian case early on and still works for former U.S. Attorney General Ramsey Clark, one of the plaintiffs' lawyers in the Davidians' lawsuit....... A federal judge in Tucson recently awarded Mr. Hardy $32,000 in attorney's fees, one of the largest awards in a lawsuit over access to federal records. ......."

The Dallas Morning News 10/31/99 Lee Hancock "....The release of Mr. McNulty's first film drew others to the network, including Californian Maurice Cox, a retired mathematician and imagery analyst with 31 years in government spy satellite projects. Mr. Cox said he began researching Waco after Justice Department officials said that flashes on the FBI infrared video used in Mr. McNulty's first film were sunlight reflections.....Mr. Cox said he spent more than $7,000 on a study that concluded that the Waco flashes were not natural but had characteristics of gunfire. He sent the study to lawyers for both the government and the Davidians. The federal judge in the current Davidian case cited both his work and Mr. Allard's infrared analysis in his July order refusing to dismiss the wrongful-death lawsuit against the government. ...."

The Dallas Morning News 10/31/99 Lee Hancock "....Mr. McNulty then enlisted FBI whistle-blower Fredric Whitehurst. The chemist's complaints about shoddy and improper practices at the FBI lab led to an overhaul of the bureau's forensics operations. After alleging that he had been targeted for retaliation, he left the FBI with a $1.5 million settlement. Mr. Whitehurst agreed to narrate the film. He also went to Texas to collect chemical residue samples when Mr. McNulty recently gained access to government Davidian evidence. They are the only outsiders allowed to study the evidence extensively since the standoff....."

The Dallas Morning News 10/31/99 Lee Hancock "....A Michigan pathologist recruited by a fellow abortion opponent went to Texas to re-autopsy a Davidian who died on the last day of the siege. The pathologist reported that key body parts were inexplicably mutilated or missing, including part of the skull that an earlier government autopsy identified as the site of a fatal gunshot wound....."

The Dallas Morning News 10/31/99 Lee Hancock "...."They go beyond what we think really happened," said Mr. Caddell, the lead lawyer in the Davidian lawsuit. "Now that we've finally survived motions to dismiss our lawsuit, we're using more traditional means of discovery, and we're getting information that they never saw, never got. "We're replacing the information that we got from them with, in some cases, better information," he said......"

Waco Tribune-Herald Mark England 10/29/99 "….. But documents released to Cox Newspapers under the Freedom of Information Act show the military was for the most part a reluctant participant. After a bitter internal struggle, it scaled back its assistance to the Bureau of Alcohol, Tobacco and Firearms as the agency prepared to raid the Branch Davidian compound and during the siege refused to sign off on the FBI's tear gas assault. …..The concerns of Rapid Support Unit Commander Maj. Mark Petree at Fort Bragg, N.C., eventually reached the legal adviser for the Special Operations Command, Maj. Phillip Lindley, Office of Staff Judge Advocate. Petree is now deputy director of Special Operations Command in Panama. An Army spokeswoman said comments regarding Mount Carmel can only come from the Department of Defense.

Waco Tribune-Herald Mark England 10/29/99 "….. Lindley is retired, but declined to comment citing a subpoena he received in connection with the upcoming civil lawsuit against the federal government by surviving Branch Davidians. In a Feb. 3, 1993, memo, however, Lindley stated that he believed the ATF's request would make the military an active partner in a domestic police action, a violation of the Posse Comitatus Act. "Since this was not an emergency situation, in full control of the civilian authorities on civilian lands with expert civilian (drug) laboratory 'takedown' teams available and civilian medical facilities (available) ... this appeared to go beyond the DOD guidance for these missions," Lindley wrote…… At Fort Hood, on Feb. 24, 1993, ATF leaders met with the special forces troops assigned to train them. The military advisers helped construct a mock-up of Mount Carmel and opened the rifle range for ATF's sharpshooters, who practiced shooting from a range of 260 meters. The Special Forces troops even impersonated Davidians to help in the ATF's training. According to written statements taken from the troops, however, they kept within the guidelines given them…… SSG. Jay Burkhardt reported that several ATF agents asked if he could accompany them on the raid as medical support. "My response each time was no, due to restrictions placed upon us by federal law," Burkhardt wrote, adding, "I felt as if my hands were tied." ……

Waco Tribune-Herald Mark England 10/29/99 "….. Although Delta Force officers met with Attorney General Janet Reno, an unnamed Delta Force officer reported in a document that Reno was only offered limited advice -- including the military's belief that inserting CS gas into the residence might cause mothers to panic and "run off and leave infants." A disclaimer was added, however, that the military's rules of engagement were so different from the FBI's that it made it difficult to offer advice. …… The Delta Force member's report makes it clear how out of place he felt at the Reno meeting. "Their approach was substantially different than anything that I have encountered," he wrote. "They were not assaulting the compound and they were not there to rescue anyone. This was surprising to me, but certainly not something of which I am critical. It is simply a different way of looking at the situation." ….."

World Net Daily 10/28/99 Llewellyn H. Rockwell "…..On Oct. 24, 1999, in the Austin, Texas newspaper, the FBI supervisor at the Waco raid defended the agency's actions. Aside from gross distortions of fact, his thesis came down to this: if the Davidians had simply complied with the government's demands, there would have been no fire and no deaths. A defense of the NKVD in 1929-30 Russia might make the same point. Sure, more than ten thousand priests were arrested and killed. Sure, nearly 7,000 churches were closed or destroyed. But the Soviets never made the mere practicing of religion a crime; they only imposed the death penalty for "destabilizing the state" while doing so. ……"

World Net Daily 10/28/99 Llewellyn H. Rockwell "…..I recently visited Waco, and it was a tremendous experience. The weather was bleak and the land flat and dry. Mt. Carmel sits on something of a hill, and is therefore windier than the surrounding territory (which explains why the flames spread so quickly). The spot where the church stood is most definitely in the rural middle of nowhere, miles from the city limits, and could not have bothered anyone. In the little shack that serves as a museum, there is an aerial photo of the "compound," as the government called it, as it used to exist. The picture is quite startling. It was a huge complex of interconnected buildings, not unattractive architecturally, with a church, gym, rooms for married and single residents, kitchens, and everything else a small community would need. The structure was wood, painted beige with green shutters and a black roof. It was not fancy construction, but it was nice. It was surrounded by lawns, an orchard, beehives, gardens, and a huge swimming pool for the children that was being built by the men of the church when the attackers came. I can see why this or similar photos were never shown. It does not look like the headquarters of a crazy sect. …."

World Net Daily 10/28/99 Llewellyn H. Rockwell "…..Nearby, the church volunteers have planted a grove of crepe myrtles for all those killed, including the two babies born in spontaneous abortions during the fire. There is a small marble plaque at the base of each tree, with the name, birth date, and death date (all April 19). One is reminded of just how many children died. Not the 17 of federal propaganda (since they counted as children only those eight and under), but 30 (17 and under). There is also a large marble tombstone with everyone's name on it, placed by the Northeast Texas Militia of Texarkana. And there are memorials to the four BATF agents killed in the original assault, and to those killed in the Oklahoma bombing. The fancy BATF memorial in Waco does not mention the Davidians. Their lives, after all, don't matter, any more than their privacy and property mattered. That is the message the feds sent at Waco, and continue to send to all of us.. .."

Washington Weekly 11/8/99 "….The White House has withheld one document from a federal court and may decide to withhold other documents that it claims are subject to "executive privilege." Federal Judge Walter Smith of Waco, Texas, presiding over the wrongful-death lawsuit by the Branch Davidians, had demanded that the government turn over all documents to his court after he found out that he had been repeatedly lied to and misled by attorneys representing the federal government……At a press conference following a Washington screening of the soon-to-be-released documentary "Waco: A New Revelation," T. March Bell, who was a member of the 1995 House Waco investigation staff, suggested that First Lady Hillary Clinton was trying to put pressure on Attorney General Janet Reno to end the Branch Davidian standoff -- a standoff that ended in violence. It could be the role of Hillary Clinton that the White House is trying to hide……"

dreavis@star-telegram.com 11/99 ..... During the past three months, newspapers have been filled with revisionist reports on the events at the Branch Davidian compound near Waco between Feb. 28 and April 19, 1993...... Every time I read one of these stories, I think back to the heat of the summer of 1996, and to the day when I decided that I'd had enough. I went into the shed in my back yard, picked up a pair of gloves and threw them, along with a gimme cap, into my car. "What are you doing?," my wife asked me. "In the morning," I mumbled, "I'm going back to the labor hall."...... I had spent 18 months researching and writing a book about the David Koresh affair, `The Ashes of Waco,' published by Simon & Schuster in 1995. Unemployment, as nearly as I could tell, was my reward for having penned that book......"

dreavis@star-telegram.com 11/99 ..... `Ashes' hadn't claimed that the FBI or the Bureau of Alcohol, Tobacco and Firearms intended to massacre anybody at Mount Carmel, but it didn't laud those agencies as dragon-slayers, either. What it mainly said was that government spokesmen hadn't been completely honest and that (as I wrote) "journalists found that the news environment was so tightly controlled that they could not fulfill their investigative role." After Mount Carmel burned to the ground, I'd been able to fulfill a part of that role -- and the result was that I wasn't a journalist anymore......"

dreavis@star-telegram.com 11/99 ..... esides that, by late 1995 I was whipped, beaten, blue in the face. Speaking and appearing on behalf of the book hadn't been a pleasant experience because most talk-show hosts and most of their callers -- people who knew little or nothing about the episode -- seemed sure that I was apologizing for child molesters, mass murderers and Nazis. I hadn't done anything of the kind.... I had also tried, without success, to interest other journalists in 14,000 pages of telephone transcripts that, among other things, showed that whether or not helicopters `had' fired on Mount Carmel, its residents sure thought that they had. None of my journalistic peers were interested. ....."

dreavis@star-telegram.com 11/99 ..... After `Ashes,' the word on the street was that I was a "groupie of the Davidians," and nobody seemed to notice that one can't really be a groupie to people who didn't smoke, drink or dance, and who slept with only David Koresh. I wrote letters, filled out job applications and interviewed for positions for which, prospective employers told me, I was "overqualified." As time went on, I began to think that "overqualified" usually meant "too old." I was 50 -- a lot of people my age are "overqualified." ...... Journalism has no such clear standard, because its business is truth, and truth is ordinarily measured by consensus, not numbers. One whose findings are not in accord with the prevailing wisdom -- even half-baked "wisdom" -- is presumably wrong, and if he insists on his points, he is wrongheaded to boot. I was "wrong" and also wrongheaded about Waco......"

11/8/99 Rep Chenoweth "…. Speaker, as we continue in this body with the day-to-day debate over next year's budget, I would like to take a moment to help refocus our attention on an issue that demands the attention and the action of Congress, an issue that is not necessarily pleasant to deal with but one that we must deal with, and that is the role of the Federal law enforcement and the military in the Waco tragedy. Mr. Speaker, I would like to share with my colleagues an article written by George Nourse, who is a sheriff of Canyon County in my State of Idaho. This article is about the outstanding and relentless work of the Texas Rangers in seeking justice in the Waco tragedy and is appropriately entitled, quote, 'Spin is Not an Investigation,' end quote. Mr. Speaker, I will read only a portion of this article and would submit the remainder of the article to be included in the Record……

11/8/99 Rep Chenoweth "…. It is imperative that we investigate what went wrong in Waco and that we consider the view of those who know how to do it right, the many dedicated and honest law enforcement officials throughout this great country. In commenting on how Washington works when it comes to investigations, Sheriff Nourse, in his article, profoundly states, quote, 'Washington does not investigate. It spins. The spin in Waco was to demonize the people who were killed. The Feds killed more people at Waco than all the school violence and wacko shootings added together over the last 6 years. Seventeen of the 24 Waco children were under the age of 10. Think about it.' He wrote, 'The terror! The pain and confusion those young children went through before they died. However, the media bought Washington's spin, plain and simple,' end quote.

11/8/99 Rep Chenoweth "…. Sheriff Nourse contrasts the Federal spin with the real investigation by the Texas Rangers in pointing out the following: He said, 'The investigation by the Texas Rangers is not spin. A dozen spent rifle cartridges preferred by sharpshooters, as well as the FBI and ATF, were found in a house near the Davidians' compound that was occupied by Federal agents during that stand- off. Both agencies denied firing a single round during that stand-off that followed the initial attack.' Mr. Speaker, Sheriff Nourse also asked the puzzling question that every single county sheriff must grapple with. He wrote, 'The question that really bothers me is how did the Federal Government take over such an operation? And why the total absence of local law enforcement on the scene? And what was the local sheriff doing while all of this was going on?' Sheriff Nourse continued, 'I have never been told this part of the story and it deeply worries me. I know what my position would be here in Canyon County and I am more than a little concerned as to what that might lead to.'

WACO 11/8/99 Rep Chenoweth "…. Finally, Mr. Speaker, Sheriff Nourse, who has himself participated in numerous law enforcement activities, makes an observation that dumbfounds us all. States Nourse, 'Think about it. Law enforcement officers shooting fully automatic weapons at a building knowing there are 24 small children inside. That is not law enforcement,' the sheriff writes. 'It is an act of war at its worst.'

Freeper Helen 11/3/99 reports "….Magaw's confession: aiff file as recorded from a speech before the National Press Club on Monday, September 25, 1995, ATF Director John Magaw said the following, concerning what happened at Waco: "I believe that, um, had we been left in charge of, um, of the Waco incident, um, um, we would not have burned that building." ….."

Dallas Morning News 11/11/99 "…Waco special counsel John Danforth moved correctly Tuesday in asking a federal court to determine whether government gunfire caused the flashes that showed up on FBI infrared cameras during the 1993 siege of the Branch Davidians' compound. The public should know if government gunfire was involved….An expert appointed by Judge Smith could oversee the re-creation in a way that satisfies both the Justice Department and the Branch Davidians. As Waco deputy special counsel Edward Dowd wrote Judge Smith, the findings cannot be challenged later if both sides determine the standards for the test. Unfortunately, the government has used national security concerns to justify its heel dragging on this and some other Waco issues. The White House may even use executive privilege to explain not turning over sensitive Waco documents to Judge Smith. Administration officials should resist that urge. Hints of secret documents or hidden materials will only fuel speculation about what really happened in Waco over six years ago. Full documentation is the only option….."

11/10/99 AP Michelle Mittelstadt "…The special counsel investigating the 1993 Waco siege has asked a judge to order a demonstration designed to show whether bursts of light on FBI infrared surveillance tapes constitute gunfire from federal agents into the Branch Davidian compound, as survivors allege……. . The government has refused to provide key details such as the type of infrared camera the FBI used, saying that information is classified. Federal officials contend the plaintiffs' test could be of dubious validity if fails to recreate conditions exactly. The FBI then offered to stage a private re-creation of its own for Danforth. In a letter Friday to the judge, Danforth's office said the special counsel is ``not comfortable with the idea of two (Forward-Looking Infrared) re-creations.'' Allowing the FBI to put on a demonstration could open the special counsel's office to ``claims of bias and possibly even collusion, depending upon the results of the test,'' Dowd wrote. But with the Justice Department ``already on the record as challenging the reliability of any conclusions reached by counsel for plaintiffs, there is no incentive for plaintiffs to conduct a neutral test,'' he added. ``Thus, both the trust of the public and the truth-seeking process are not best served by the course of events as they are now unfolding,'' Dowd concluded….."

Dallas news 11/10/99 Lee Hancock David Jackson "….The request came less than two weeks after the Justice Department flatly rejected a proposal by the Branch Davidians' lawyers for joint field tests. Justice warned that such testing would be hopelessly flawed without key data that the government is withholding as national security secrets. ….. Even some FBI officials have privately complained that the Justice Department's handling of the case has further battered the credibility of an agency already damaged by recent revelations about its conduct in the Branch Davidian case……Judge Smith had issued no formal response by late Tuesday. But the special counsel's letter stated that a written proposal followed a telephone conference with the judge, an indication that he had signaled his interest in a court-supervised test….."

Dallas news 11/10/99 Lee Hancock David Jackson "….Bureau officials then began inviting reporters into the FBI laboratory in Washington to view snippets of digitized footage from the Waco infrared video…. FBI officials have argued that the flashes cannot be gunfire because no gunmen are visible in any of the areas where they occur…… The officials displayed a fire-retardant flight suit worn by a member of the FBI's hostage rescue team on April 19, suggesting the garment's thin fabric could not have masked body heat. …… Some experts also have noted that humans might have been hard to detect on the video because they wore heavy body armor or because of the limited ability of infrared cameras to detect stationary people. "The only way to resolve this is experimentally," said one expert with more than 30 years experience using and designing similar infrared technology. "Only an experiment makes sense. But the key is an experiment that takes into account the low probability of intercept: The way these cameras work, if 50 flashes were captured on film, there must have been a far higher number of gunshots that actually occurred." ….."

Dallas news 11/10/99 Lee Hancock David Jackson "….Both the FBI and the Justice Department have asserted that the capabilities, and even the model and make of their infrared cameras used at Waco are classified national security secrets that cannot be made public and do not have to be shared with lawyers for the Branch Davidians. But Friday's letter to Judge Smith indicated that the FBI has offered to conduct private demonstrations of its infrared cameras - "an accurate recreation of the FLIR activity" - for Mr. Danforth and his investigators……. The special counsel's office can obtain the classified information being withheld from the Branch Davidians' lawyers because Mr. Danforth's staff was issued the required clearances through their appointment as special Department of Justice personnel, the letter indicated. But Mr. Danforth's office is "uncomfortable with the idea" of the FBI conducting a secret test while the Department of Justice first withheld needed information and then criticized the Davidians' public test for lacking it, Mr. Dowd's letter stated. "The DOJ's [Department of Justice's] ability to withhold information appears to be the basis for challenging the accurancy of any conclusions reached," Mr. Dowd wrote….."

Dallas news 11/10/99 Lee Hancock David Jackson "…."The protocol would include the make or model of the FLIR equipment, the type of aircraft, altitude, weather conditions, angle of the sun, types of weapons, rapidity of firing of the weapons." Having both sides help set standards for the test would ensure "that it would not be challenged later," Mr. Dowd wrote….. ….On Capitol Hill, investigators involved in ongoing investigations of the government's actions in Waco also welcomed the special counsel's proposal. "It would be unwise for the Justice Department not to participate. The attorney general appointed Sen. Danforth, and the attorney general pledged complete cooperation with Sen. Danforth's probe," said Mark Corallo, spokesman for the House Government Reform Committee. "We think it's a good idea." …."

St. Louis Post Dispatch 11/7/99 William Freivogel Terry Ganey "….Whitehurst's appearance as the narrator of a new documentary film on Waco shows that those raising questions are not radical fringe elements or conspiracy fanatics. Whitehurst, a former chemist who blew the whistle on shoddy practices in the FBI crime lab, is one of a group of former government scientists, retired intelligence officials and military men who lend some weight to the film's dark claims. Nevertheless, the film -- "Waco: A New Revelation" -- had few revelations. It contained no incontrovertible physical evidence or eyewitness accounts of illegal acts by government agents. Some of the more sensational claims -- that a high-explosive charge blew a hole in the roof of a bunker with children inside, that Hillary Rodham Clinton pushed for the final assault and that Waco contributed to the suicide of former White House lawyer Vincent Foster -- have previously been discounted….. Whitehurst, the former FBI lab chemist, said in an interview after the movie that the crime scene at Waco had been mishandled and that ballistics tests were rudimentary. He said that no thorough crime scene investigation was undertaken because the FBI expected its version of events to be accepted….."The FBI has an attitude of supreme arrogance," he said. "It's an attitude of, 'We need to know, and you don't. We will advise you of what you have to know. You really couldn't handle the complete truth.'" …."

St. Louis Post Dispatch 11/7/99 William Freivogel Terry Ganey "….The film's claim that the government used a high-explosive "shaped charge" to blow in the top of a concrete bunker housing children has previously been discounted. One of those making the charge on the film, retired Air Force Gen. Benjamin Partin, has told militia groups that the government used this kind of shaped charge to blow up the federal building in Oklahoma City -- a claim disproved in court. Also, U.S. District Judge Walter S. Smith Jr. discounted the shaped-charge theory in an opinion last year in a wrongful death suit filed by the Branch Davidians against the government. He said the explosion of a propane tank probably accounted for the hole in the bunker……"

Village Voice 11/10/99 James Ridgeway "….Mike McNulty's new, expanded version of his original documentary (Waco: The Rules of Engagement), entitled Waco: A New Revelation and previewed last week in Washington, offers a fresh, intriguing look at Waco, making a convincing case that military personnel actually participated in the final assault…… Footage of helicopter machine guns spitting fire into the compound, and sniper pits with empty shell casings in the dirt below gun ports, belie any government claims of defensive fire.

Village Voice 11/10/99 James Ridgeway "….The filmmaker raises the possibility that FBI sniper Lon Horiuchi, the man who killed Randy Weaver's wife, Vicky, in 1992 (and was accused of negligence in the killing, but later exonerated), was with the Blue sniper squad at Waco. This ought to be grist for former senator John Danforth's inquiry. The documentary presents experts who suggest the government may have placed a special charge atop a bunker to kill the women and children gathered for protection within. The filmmakers additionally suggest the fires set in the compound drove women and kids to an exit where they were gunned down like sitting ducks by Feds.

Village Voice 11/10/99 James Ridgeway "….The most powerful sequence shows a tank rolling up to the compound and suddenly disgorging two figures from its underbelly. The figures deploy to the right of the tank and you see quick muzzle flashes as they apparently shoot into the compound. It was producer Mike McNulty who first brought to light the presence of the Delta Force unit at the Waco compound. The film argues military operators were in the attacking tanks, and the attack described above certainly has the earmarks of a military assault with professional soldiers-certainly not the half-assed, crazy shooting of the ATF agents with which the film begins. If the military actually ran ground operations at Waco, they did so on command of the Joint Chiefs, who, in turn, were working on orders from-or at least in concert with-the White House…."

Village Voice 11/10/99 James Ridgeway "….Politicians and entertainment industry moguls who babble on about violence should see the real stuff. This documentary footage, obtained in part from the government, shows a man sifting through the Waco rubble, pulling the burned and mangled body of a child from the debris. As he lifts the body, an arm falls off, the spine crumbles. The searcher frantically tries to find some place to put the little body down before it disintegrates….."

BQ's View 11/5/99 Blanquita Cullum "….Mike McNulty tells us that Vince Foster was the White House point man for Waco, and, before his death, was writing a letter about Waco that Webster Hubble was having a "very difficult" time with ... Hubble tried to convince Foster not to release this letter ... Afterward, Foster's widow said in testimony to the FBI that Foster had been bothered the most, among all his problems, by the death of all the children at Waco ... ... These and other findings have been revealed by producer-researcher McNulty in an amazing documentary of what happened at the Branch Davidian compound ... ... "

Associated Press 10/26/99 Michelle Mittelstadt "….. The Justice Department has brushed aside a challenge by lawyers for survivors of the 1993 Branch Davidian siege to participate in a demonstration that the lawyers contend would prove federal agents fired shots during the standoff's final hours…… That offer was rejected Monday by Justice Department attorney Marie Louise Hagen. ''You and your experts are free to conduct whatever test you desire, based on whatever information you choose to believe to be accurate,'' she wrote Houston lawyer Michael Caddell, who represents most of the surviving Davidians and relatives of the dead in the lawsuit. ''Although it does appear from your letter that several of your assumptions about the facts, the science and the experts are in error, and may render useless any conclusions reached, it is your choice to proceed.'' ….."

Freeper aristeides 10/26/99 "….. Isn't Marie Louise Hagen the attorney in Justice's torts office who tried to intimidate Assistant U.S. Attorney Johnston in Waco off the case just before he was removed from the case by the department, the attorney about whom Johnston complained in his letter to Janet Reno? ….."

Freeper aristeides 10/29/99 "…. Well, I picked up a new book today and skimmed through it, and guess whose name I found in it? That's right, Marie Louise Hagen. The book is "A Glimpse of Hell," by Charles C. Thompson II, about the explosion on the Iowa in 1989 (interestingly, the explosion occurred on Apr. 19, Patriots' Day, the date of Lexington and Concord, Waco, and OKC.) Marie Louise Hagen was one of the two lead Department of InJustice lawyers representing the government in a suit brought by Clayton Hartwig's family……."

Freeper Wallaby - A Naval Blockade of the Truth A Glimpse of Hell by Charles C. Thompson II (W. W. Norton & Co.; 430 pages; $27.95); (156 N.J.L.J. 772) Steve Weinberg New Jersey Law Journal; 5/31/99 "….The author is editor of The IRE Journal, the monthly magazine of Investigative Reporters & Editors, an international group based at the University of Missouri Journalism School……. Unsurprisingly, litigation followed the deaths and the Navy's cover-up. On June 30, 1992, attorney Kreig Brusnahan filed a lawsuit in the U.S. District Court for the Northern District of Ohio accusing Naval personnel of intentionally inflicting emotional distress on Hartwig's family -- his mother, father, and two sisters. By claiming the Navy had deliberately hurt the family members, rather than the deceased sailor, Brusnahan dodged a legal obstacle known as the Feres doctrine. First articulated in the 1950 U.S. Supreme Court decision in Feres v. United States, the doctrine states that members of the military injured on active duty cannot sue for damages under the Tort Claims Act. The Justice Department, representing the Navy, moved to dismiss the lawsuit on sovereign immunity grounds, saying no citizen could sue the government without the government's permission. The district judge hearing the case, Paul Matia, ruled against the Justice Department on that issue. Justice Department lawyers Marie Hagen and Steven Snyder suffered another setback when Magistrate Judge David Perelman, assigned by the court to oversee discovery in the case, criticized the defense team for withholding documents covering the category "lessons learned" by the Navy….."

Freeper Wallaby - Excerpts from U.S. Attorney's letter to Janet Reno Austin American-Statesman News; Pg. A9 9/13/99 "…. A Texas Rangers report made public Sunday indicates that FBI tear gas grenades, such as this 40 mm shell impounded after the 1993 Branch Davidian siege, could have started the fire in the cult's compound. Excerpts from a five-page letter, dated Aug. 30, 1999, from Bill Johnston, the assistant U.S. attorney in Waco, to Attorney General Janet Reno, expressing Johnston's suspicions that, even now, some members of the Justice Department are not telling the full truth about the Branch Davidian incident: On a Saturday morning in June of 1999, I received a telephone call at my home from DOJ Torts Branch lawyer Marie Hagen. Ms. Hagen was extremely upset with me. She demanded to know whether or not I had allowed Mike McNulty to view the Davidian evidence . . . I responded . . . that the permission to do so had come from the Chief of Public Affairs and that I figured that he had checked with the necessary folks before allowing me to coordinate with McNulty. She ended the conversation unquenched in her anger. I think that I now know why. . . . I mentioned above that I think that I understand why Marie Hagen was so upset that I had worked with Mike McNulty in allowing him access to Davidian evidence. I believe that the three pages faxed to me last week hold the answer. At the top of the typewritten document, someone has written, "privileged." At the bottom, it appears that someone wrote, "DOJ witness do not discuss." It appears that someone was making decisions about whether the plaintiffs in the civil case, or others, should have access to these documents. It is my own hypothesis that the Torts Branch has had these documents for years and that they decided not to make them available to the plaintiffs. The Torts Branch or some other component also apparently decided not to let you know about these documents. Certainly, as attention focused in the past year on the fire issue, the full import of these documents must have been known to whomever possessed them. . . . "

BQ's View 11/5/99 Blanquita Cullum "….Amazing things were found in that evidence locker in Austin, but there was other evidence that was conspicuous in its absence ... ... Missing from the locker was the gray, 40 millimeter projectile with the red stripe that had been seen in news photographs throughout the country ... It was one of the CS gas pyrotechnic devices that the FBI has admitted using at Mount Carmel, after denying the fact for six years ... ... McNulty had only a photograph of the projectile when it was recovered ... He spent a great amount of time looking for the projectiles, since they had been photographed and logged in as evidence, and so did the Texas Rangers ... Neither McNulty nor the Rangers was able to find those projectiles ... The FBI has admitted to having used them, but they're nowhere to be seen ... ... McNulty came upon "big time" information regarding the involvement of the Delta Force ... He said the whole scenario of the gun fight at the back of the building culminated with the identification of Delta Force operatives on the ground ... ... One of the first things they found when they walked into the evidence locker was a collection of 28 Super VHS video tapes that had been made by the Department of Public Safety ... They contained amazing footage, including shots of individuals in combat gear and carrying weapons ... They were standing in front of the burning compound and having a discussion ... "

. BQ's View 11/5/99 Blanquita Cullum "…... McNulty was not able to pick up the audio of the discussion, but he was able to combine the video with still photographs and show it to members of Delta Force, and the men in combat gear were identified as members of Delta Force ... McNulty found a trail of documents and statements leading from Waco back to a special command center at FBI Headquarters in Washington ... And then, from there, it went to a strange place, across the street to Web Hubble's office ... Hubble was the Deputy Attorney General under Janet Reno and was basically the man in charge, having a connection directly to the President ... ... And here, according to McNulty, is how it connects to Foster ... In the Senate Whitewater investigation, there were a number of documents presented and testimony given by persons such as Vince Foster's secretary and intern ... "

St. Louis Post-Dispatch 11/4//99 Terry Ganey Philip Dine "….A new film about the government's siege at Waco claims that Branch Davidians stayed inside their burning complex because federal agents, possibly including the military, were shooting at them. T. March Bell, a Republican attorney on a House committee that investigated Waco in 1995, said in an interview with the Post-Dispatch that Mrs. Clinton influenced the decision that led to the assault. "She wanted to get it over with," Bell said…."They were afraid to come out because they would be shot," Clive Doyle, one of the 9 Branch Davidian survivors of the siege, says in the movie. The film raises more questions than it answers, and it gives investigations like that of special counsel John C. Danforth plenty of leads to pursue……"Only the president can order direct military involvement in a civil situation," Stearns said. "We need to know who authorized them to be there, what did they do and why we weren't told earlier." ….."

St. Louis Post-Dispatch 11/4//99 Terry Ganey Philip Dine "….The film uses eyewitness accounts from Branch Davidian survivors and infrared tape footage to back up the claim that government agents fired into the complex. An infrared analyst says flashes on the tape are gunfire directed at the portion of the complex where Branch Davidians were gathered as the fire began. The film also uses infrared footage and government documents to allege that members of the elite Delta Force may have done the shooting. Federal authorities have reported that Delta Force soldiers observed and advised the FBI. …."

St. Louis Post-Dispatch 11/4//99 Terry Ganey Philip Dine "….Other allegations raised by the movie include: * Some of the evidence that would tell what happened, such as videotapes taken during the raid that began the siege, are missing and other evidence was mislabeled. * William Sessions, FBI director at the time, wanted to personally negotiate with the Branch Davidians' leader, David Koresh, but was prevented from doing so by the Justice Department. Sessions, who would soon be replaced, said political turmoil within the FBI "impaired" the agency's ability to respond to the crisis……"

St. Louis Post-Dispatch 11/4//99 Terry Ganey Philip Dine "….* The suicide of presidential adviser Vincent Foster was related to his "depression" over what happened at Waco, particularly the deaths of the children, and the feeling that he could have prevented it. The film cites as evidence Foster's wife, Lisa, having told the FBI that Waco had bothered Foster. * An intern on the staff of Hillary Rodham Clinton removed a Waco file from Foster's office after his death, and the file has never been recovered….."

St. Louis Post-Dispatch 11/4//99 Terry Ganey Philip Dine "….But parts of the movie say that people, especially women and children, were trying to use sleeping bags and towels, soaked with water, to survive the gas attack and the fire. The movie does not dispute the belief that some Branch Davidians started the fire but argues the FBI had enough advance knowledge of the fire plan from listening devices inside the complex and that the agency should have known what would happen……. The film contends that many of the Branch Davidians interpreted the government's actions as fulfillment of apocalyptic predictions in the Bible. Because of these beliefs, they thought their salvation depended on staying with Koresh rather than joining government agents, who were considered "the Babylonians," or evildoers……"

St. Louis Post-Dispatch 11/4//99 Terry Ganey Philip Dine "….On top of this, for weeks those within the compound had experienced psychological warfare. And that morning, they were assaulted by tanks, gas and according to the film, gunfire. "Shots were fired into the dining room while the agents were retreating," says Allard. "It was like a cowboy movie." Allard bases this on his interpretation of the infrared tapes. Most of the Branch Davidians' deaths were caused by the fire, but about a quarter of the fatalities came from gunshot wounds. The government said at the time that some Davidians shot themselves or were shot by each other……"

Dallas Morning News 11/4/99 David Jackson Lee Hancock "….Your typical movie premiere doesn't include allegations of homicide by the federal government. But that was the theme of Waco: A New Revelation, unveiled Wednesday to reporters and researchers of the 1993 siege that ended in the fiery deaths of more than 80 Branch Davidians. Over a soundtrack of ominous synthesizer music, the two-hour film claims that federal agents - possibly members of the super-secret Delta Force - gunned down Branch Davidians during the fatal fire near Waco. It also blamed the FBI for the fire, alleging a conspiracy and cover-up that reaches all the way to President Clinton and first lady Hillary Rodham Clinton. Federal law enforcement officials dismissed the film as conspiracy mongering. …."

Dallas Morning News 11/4/99 David Jackson Lee Hancock "….The movie, using clips from FBI news conferences in 1993 and congressional hearings in 1995, outlines what some Texas Rangers and law enforcement officials call fault lines in the conduct of federal agencies. They include: * Six years of denials by Justice Department and FBI officials that flammable tear gas was used during the final day…..* The inconsistent approaches of FBI negotiators and tactical personnel…… "

Dallas Morning News 11/4/99 David Jackson Lee Hancock "….In discussing the gunfire allegations, the film features interviews with a former CIA employee and a former special forces sergeant. The former CIA employee, Gene Cullen, had told The Dallas Morning News several months ago that he was in a March 1993 CIA meeting in which officials discussed the deployment of more than 10 Delta Force soldiers to Waco. He leveled far more serious charges in the film, claiming that he was a CIA case officer and learned on an overseas mission that Delta soldiers had exchanged gunfire with the Branch Davidians. A government official familiar with Mr. Cullen, however, said he never worked as a case officer but was employed by the agency's protective security arm. The official, who spoke on condition of anonymity, also said there are no records of any March 1993 meeting at the CIA as described by Mr. Cullen……"

Dallas Morning News 11/4/99 David Jackson Lee Hancock "….The film also alleges that government agents somehow set off an explosive device known as a "shape charge" on the top of a bunker deep inside the compound……. Government investigators discount the allegation, noting that a shape charge would have vaporized the iron bars clearly visible in photographs of the rooftop bunker hole. The film includes interviews with retired Air Force Gen. Ben Partin. He became known in militia circles for alleging that secret government agents triggered the Oklahoma City bombing with similar "shape charge" devices. Timothy McVeigh and Terry Nichols are already serving time for the bombing, which resulted in 168 deaths……"

Dallas Morning News 11/3/99 Lee Hancock "….A Waco federal judge angrily warned Tuesday that the government faces contempt proceedings within two weeks if its lawyers do not surrender every federal document relating to the Branch Davidian standoff. "The court is not unmindful that the government waits not only until the last day, but until the last minute, to respond to every order this court has issued. That practice causes the court to be suspect of the government's desire to comply with its orders," Judge Walter S. Smith Jr. wrote in a four-page order rejecting a government plea for another month to complete the turnover…… The order noted that government lawyers have tried to use the lack of proper facilities in Waco to delay sending secret military records and other classified materials related to the case. As a result, Judge Smith wrote, more than 7,000 secret Defense Department documents have not been produced, and the Justice Department "has done nothing to assure the transfer of those materials." He set a Nov. 9 deadline for security arrangements for storage of classified records in Waco. After that, Judge Smith wrote, "the court will presume that the Department of Justice has waived the right to complain about how such materials are stored in the Waco courthouse."…… "

The Dallas Morning News 11/18/99 Lee Hancock "….Tests to find the cause of flashes on FBI infrared videotape shot in the final hours of the Branch Davidian siege will probably be meaningless because the camera used at Waco no longer exists, federal officials said Wednesday. Authorities have refused to release anything about the make or capabilities of the FBI's infrared camera used to record the fiery end of the 1993 Davidian standoff. They cited national security and law enforcement secrecy rules. But an FBI official said Wednesday that the camera was a one-of-a-kind instrument extensively upgraded after the 1993 incident and had capabilities that probably couldn't be duplicated with any other camera. "It does not exist in the form that it was. It has been upgraded from analog to digital recording," said the official, who spoke on condition of anonymity. "It's a significant change that is so fundamental to a re-creation, I don't know how we can ever say how experts will be able to agree to a test protocol." ….."

The Dallas Morning News 11/18/99 Lee Hancock "….Although they once theorized that the flashes on the Waco infrared video might have come from sunlight reflections, bureau officials recently began telling reporters that the white blips of light were inexplicable electronic "anomalies" whose source will probably never be identified. The issue is a cornerstone of the Branch Davidians' lawsuit, which alleges the government's gunfire kept innocent women and children trapped in the compound as it burned to the ground….."

The Dallas Morning News 11/18/99 Lee Hancock "….The officials noted that the testing will be hampered by not only the alteration of the FBI's camera but also by the difficulty in trying to duplicate environmental conditions from the spring of 1993. Mike Caddell, lead attorney for the sect, disputed that and called the FBI's claim about its camera equipment "absurd." "They're saying there's only one camera in the world like the one they used, and it doesn't exist anymore? What crock," Mr. Caddell said. "How did the FBI intend to do a valid test for Mr. Danforth? They told him they could do an accurate recreation." ….He said he was also disturbed that the government's position had shifted since the court order. "Before that, there was no mention that there was one piece of equipment in the world that could perform the test and it no longer existed," he said. ….."

St. Louis Post-Dispatch 11/16/99 Terry Ganey William Freivogel "….Tests comparing the guns and the casings may be conducted at the St. Louis County Police Crime Laboratory in Clayton. Danforth's office has asked if the lab could conduct the tests and the lab said it was up to the job. Crime lab experts can often use marks on spent casings to match them to individual weapons. Tests on the casings could determine whether they were ejected from FBI agents' weapons or those of the Bureau of Alcohol, Tobacco and Firearms. The ATF agents occupied the site before the FBI. The FBI has said all along that none of its agents fired guns at Waco. All of the guns used at Waco - both those used by the FBI and ATF are in the custody of the FBI, according to congressional sources. Col. Bill Darley, a Pentagon spokesman, said Tuesday that none of the military personnel at Waco carried weapons. Danforth's three-page request for evidence also seeks copies of a Texas Ranger investigative report, results of the test firings of ATF weapons and crime scene photographs. Danforth also asked for the plan the Rangers used to search the complex after they took control of the scene after the April 19, 1993 fire that left about 80 Branch Davidians dead. He also wants the Rangers' notes, journals and diaries "discussing the collection of evidence from the Waco Compound." ….."

St. Louis Post-Dispatch 11/16/99 Terry Ganey William Freivogel "…. The simulation, sought by Waco special counsel John C. Danforth, is designed to determine whether gunfire can be detected by infrared cameras. U.S. District Judge Walter Smith Jr. issued the order in Waco without waiting for the Justice Department to say it would agree to the test…… Attorneys for the Branch Davidians had asked the Justice Department last month to join in a test, a suggestion that was rejected. At about the same time, the FBI proposed a private test to Danforth's office, which Danforth feared might make it look as though he was colluding with the FBI. …..Mike Caddell, the Houston-based attorney for the Branch Davidians, said he believed the court-supervised simulation will "smoke out" the government. "This case will settle because it's going to be patently clear or obvious that it's gunfire," said Caddell. "We can then grapple with the real issues of this case. Who did it? Why? And what effect did that have on the women and children in that building? "I think there is a great likelihood that we will never do a demonstration because the results are so predictable that it would only add to the FBI's embarrassment and further undermine the public's confidence in (FBI director) Louis Freeh and (Attorney General) Janet Reno." ……"

St. Louis Post-Dispatch 11/16/99 Terry Ganey William Freivogel "…. The FBI regularly refurbishes weapons, a process that could alter their characteristics. But Bill Johnston, an assistant U.S. attorney in Waco who was involved in the Branch Davidian case for six years, says that the weapons used at Waco probably would have retained identifying characteristics. …. Marlin, the Justice Department spokesman, said Monday night that he did not know whether the guns would be tested in Washington or shipped to St. Louis. Regarding the tests, Caddell said, "Six years is a long time. "It's possible but only barely possible that you could do a match of the strike marks on the shell casings and match the shell casings to these particular weapons," he said. As for the possibility that the shell casings were from the ATF agents, Caddell asked, "Why were the shell cases still in the house after 51 days?" …."

Waco Tribune Herald Tommy Witherspoon "…. In what plaintiffs' attorneys in the Branch Davidian civil lawsuit are calling a major victory, a federal judge in Waco has ordered a demonstration designed to show whether government agents fired into Mount Carmel on the final day of the 51-day siege with David Koresh and his followers. …… "It would not be an overstatement in the least to say that the plaintiffs have won a major victory today," said Mike Caddell, who represents the majority of the Branch Davidian survivors. "This is something that we have been pressing for for weeks. We think this is perhaps the major issue in the case because it touches on so many other issues." …… Justice Department spokesman Myron Marlin said Monday that his office still is reviewing the order….. Caddell said he is absolutely convinced that government agents fired into the compound on the final day because of studies by plaintiffs' experts, some who are former government employees, who reviewed the FBI's tapes from its Forward Looking Infrared (FLIR) technology. ……. U.S. Attorney Michael Bradford of the Eastern District of Texas and U.S. Attorney William Blagg of the Western District of Texas met with Smith and representatives of the U.S. Marshals Service throughout Monday morning. One of the areas Smith wanted clarified was the security of classified documents. Smith let federal officials know last week that he thought they were dragging their feet in making arrangements to care for classified documents stored at Waco's federal courthouse. "You can't just put classified documents in a file cabinet in a secure facility," Blagg said. "They have to have their own security: a suitable storage facility within a suitable storage facility, so to speak." ….."

 

NewsMax.com 11/15/99 Carl Limbacher "…. Waco Special Prosecutor John Danforth has asked that the FBI conduct ballistics tests on the guns they used during the bureau's lethal April 19, 1993, assault on the Branch Davidian compound, reported CNN.com on Saturday….. Still, expect Justice Department lawyers to make the "eye of the beholder" argument. One man's muzzle flash will doubtless remain another's glittering piece of broken glass. The hard science of ballistics tests would be much harder to challenge, making Danforth's call for them perhaps the biggest single step toward proving a six-year-long government cover-up of horrendous proportions. …… In fact, the record suggests that such tests may have already been undertaken back in 1993 - and that the government was queasy about handing the results over to local Waco officials at the time. …."

NewsMax.com 11/15/99 Carl Limbacher "…. In September Judge David Pareya, one of four McLennan County officials who ordered autopsies on the Branch Davidians killed on April 19, was interviewed by the Waco Tribune-Herald. He told the paper he "has lingering questions about some of the deaths." "Pareya said he had no choice but to rule the cause of death for many Davidians as unknown because the FBI would not supply him with the results of the ballistics tests," reported the Tribune-Herald. The judge explained, "The thing that always stayed in my mind was if they were afraid some of the ordnance or ballistics could be matched up with their weaponry." The ordinance to which Pareya referred are the bullets recovered during the autopsies he ordered on the 23 Davidians who died from gunshot wounds on April 19th. …."

 

The Dallas Morning News 11/15/99 Lee Hancock David Jackson "…U.S. District Judge Walter S. Smith Jr. of Waco issued a three-page order late Monday saying that he was ``persuaded'' by arguments from Branch Davidian lawyers and the office of special counsel John Danforth that the [independent field] tests are needed to resolve whether flashes of light recorded by FBI infrared cameras came from government gunfire……"

The Dallas Morning News 11/15/99 Lee Hancock David Jackson "…The special counsel's office also has asked the FBI to turn over its hundreds of guns deployed at Waco for ballistics comparisons and other testing. Officials said they are still working out the logistics to ensure that the ``precise'' weapons are surrendered but expect to comply. Those weapons could be used in the court-supervised infrared tests. Testing FBI guns also could resolve the origin of a dozen .308 shell casings found in a house used by FBI snipers during the siege….. All of the ATF's guns used at Waco were sent in 1993 for testing by the FBI laboratory, but records indicate there was no effort to tie any of the guns to the shell casings….."

The Dallas Morning News 11/15/99 Lee Hancock David Jackson "… In Monday's order, Judge Smith echoed the special counsel's concern that federal actions set the stage for dueling public and private infrared field tests. ``The court is persuaded that one FLIR (infrared) test should be conducted, with participation and observation by the parties and the OSC (office of special counsel),'' he wrote….. ``It again demonstrates that Judge Smith wants to get at the truth,'' he [Caddell] said. ``If they really believe that's not gunfire on that video, then the government's lawyers should embrace this test with open arms.''…."

The Dallas Morning News 11/15/99 Lee Hancock David Jackson "…Also Monday, federal lawyers told the court that they have surrendered to the Waco court all government siege records. More than a million pages of government materials have been turned over, including 7,000 pages of classified Defense Department documents, more than 3,000 pages of White House records and secret records from the Central Intelligence Agency and the U.S. Commerce Department, government filings indicate….."

The Dallas Morning News 11/15/99 Lee Hancock David Jackson "…Previous government pleadings stated that the White House might try to withhold some records under executive privilege. Monday's filing said that the President's lawyers had sent all relevant records……But Monday's pleading indicated that Justice Department lawyers still may try to invoke executive privilege or other legal exemptions to block Branch Davidian lawyers and even Judge Smith from examining some documents. They may include records detailing the presence of secret military units and equipment and information about sensitive law enforcement equipment, including the FBI's infrared video cameras, earlier government filings indicated….."

The Dallas Morning News 11/15/99 Lee Hancock David Jackson "…It made no mention of a classified White House document described in earlier pleadings, which the president's lawyers had earlier suggested officials would withhold ``until further notice.'' The Clinton administration said that document detailed a secret foreign policy briefing that included a passing comparison of the Branch Davidian standoff to the rebellion in Chechnya. The officials, speaking on the condition of anonymity, said the reference to Waco was declassified for submission to the court. The officials said the reference was ``oblique'' and did not come from a White House official……"

The Dallas Morning News 11/15/99 Lee Hancock David Jackson "…Notes from the FBI's hostage rescue team indicate that its commander went to Washington to brief the White House along with two senior U.S. Army special forces commanders during the final days of the standoff. Justice and Defense Department officials have said the officers, veterans of the Army's secret anti-terrorist Delta Force unit, visited Waco and then briefed Attorney General Janet Reno about the FBI's plans for a tank-and-tear-gas assault on the compound. But notes found earlier this fall at the hostage rescue team's headquarters in Quantico, Va., offered a different account. The notes, dated April 13, 1993, stated that the FBI's chief tactical commander and the Army officers were summoned to Washington to ``brief White House -- liaison Hubble (sic),'' adding ``Hubble want (sic) military expert's opinion of the operation.''….."

The Dallas Morning News 11/15/99 Lee Hancock David Jackson "…Other notes found at Quantico indicate that a formal plan for a tear gas assault on the Branch Davidian compound was faxed to the White House in early March as FBI commanders sought a ``green light'' to take action against the sect….."

AP 11/15/99 Michelle Mittelstadt "….The special counsel re-investigating the 1993 Branch Davidian siege has asked the FBI to turn over the firearms carried by its on-scene personnel to determine whether federal agents fired shots during the deadly standoff's waning hours. ….. ATF spokesman Jeffrey Roehm said he was unaware of any request by Danforth's office for the ATF weapons used at Waco. But spokesman Mark Corallo of the House Government Reform Committee, which is investigating the government's conduct during the siege, said aides were told that weapons used by ATF and Branch Davidians also figured in Danforth's request. ``The problem with the Davidian weapons is about 80 percent of them are severely damaged,'' Corallo said. ``They melted in the fire.'' …… "

 

Soldier Of Fortune 12/99 "…..With the morning sun came the FBI, replete with loudspeakers. floodlights, the infamous Hostage Rescue Team ... and U.S. military main battle tanks. They were, by God, going to war. Those scumbags holed-up in that ramshackle church had not only killed federal lawmen, they had committed the unpardonable sin of contempt-of-cop. For this transgression the Branch Davidians. their children, and their leader, David Koresh, would pay with their lives……. Although touted by the likes of Democratic Congressmen Charles Schumer and Tom Lantos as being the epitome of righteousness, the actions of the FBI tactical teams at Waco were, at the least reprehensible, and at the most outright criminal. Had any other lass enforcement or military agency conducted itself the way the FBI did at Waco its officers would he in jail! ….."

Soldier Of Fortune 12/99 "…..Part of the plan was witnessed during the first week when the Davidians, urged on by the feds, made a video tape inside Mount Carmel showing the wounds suffered by some of them during the initial firefight. However, when the tape was viewed by the FBI it didn't show the expected wild-eyed cultists. Instead, it showed a group of very real and frightened men, women and children. It put a very human face on the Davidians. Fearing the public reaction if this tape was released, it was decided to withhold it from the press. Whatever the media or the populace was to learn about Koresh and his people was to come directly from the FBI and ATF. The major flaw in this plan was that agents themselves rapidly forgot that they were dealing with living, breathing human beings…."

Soldier Of Fortune 12/99 "…..Clearly intending to terrorize the Davidians, FBI drivers of the tanks and Bradley Fighting Vehicles would race their vehicles toward the building, stopping short at the last moment. Sometimes this tactic failed and the wooden structure was actually hit. FBI tank and Bradley crews repeatedly drove around Mount Cannel mooning and extending their middle fingers to the Davidians. When complaints were made about these vulgar displays, FBI negotiator John Cox replied that the agents were simply acting from, "frustration and anguish." Branch Davidian, Peter Gent, killed during the initial ATF raid, was buried outside the main building in full view of the FBI. During the ensuing weeks, over protestations by the Davidians, agents repeatedly ran over his grave with armored vehicles. Early on in the siege, agents descended on a garage rented by the Davidians some distance from Mount Carmel. As the owner, a local banker, keys in-hand, was shoved out of the way, agents drove a Bradley armored vehicle through the building, destroying it. …."

Soldier Of Fortune 12/99 "…..A question often asked by those who fell for the feds propaganda was, "Why didn't they just come out?" Could it be they feared for their very lives if they tried to do so? Razor-wire was placed around the building and stun grenades "flash-bangs" were fired at anyone trying to exit. Sound far-fetched? Have a look at examples taken from the justice Department's own document, Report to the Deputy Attorney General on the Events at Waco, Texas - February 29 to April 19, 1993:

• April 7: 10:00 am, a person tried to leave the building - FBI agents fired two "flash-bangs" at him.

• April 9: 7:03 p.m. [Koresh's aide] Schneider exits the building and walks toward armored vehicles. Agents fired a "flash-bang" near him. 7:30 p.m. another male exits the compound into the courtyard. Agents fired a "flash-bang" at him.

• April 11: 6:55 a.m. a person left the courtyard area. FBI "flash-banged" him.

• April 15: 5:15 p.m. a male exited the compound - FBI fired a "flash-bang" at him. He went back inside, then returned a few minutes later. He was again "flash-banged."

So it went all the way up to the fatal fire on 19 April. When it was over, instead of being appalled by the carnage, the ATF, like some conquering army, raised their victory flag over the charred bodies of babies. while grinning female FBI agents posed in the ashes of Waco like bimbos on a beach outing. …."

 

CBS News 11/12/99 "….Sources tell CBS News Correspondent Jim Stewart that Danforth has asked the Bureau to produce all of the approximately 430 weapons carried by agents on April 19, 1993, the day the siege ended. He intends to make comparative tests on each weapon to determine whether it was used that day. Concerned over shipping so many firearms to Danforth's St. Louis offices, the FBI is negotiating with the special counsel to conduct the tests in Washington….."

Soldier Of Fortune 12/99 James Pate "….Charles Schumer held up a copy of Soldier Of Fortune magazine before dozens of cameras, pinching the cover's upper corner delicately between his thumb and forefinger, as if holding the tail of a decomposing rat. Smirking at the lenses, he condemned it as "a publication not known for its veracity." ……. Schumer led the Clinton Administration's successful effort to divert focus away from any questions about secret authorization to use U.S. Army SpecOps commandos in every stage of planning and execution of the government law enforcement plan at Waco, and whether such authorization broke the law. As SOF has repeatedly reported over the past five years, the Army's participation at Waco began prior to the bloodily botched raid by Bureau of Alcohol, Tobacco and Firearms on 28 February 1993, and continued throughout the Federal Bureau of Investigation's ensuing 51-day armored siege of the religious sect's headquarters (see also "No Peace Without Justice," May '95: and "Black Suits, Badges and Bradleys," August '96)……"

Soldier Of Fortune 12/99 "…..One source who spoke to SOF on the condition of anonymity---a government lawyer with a security clearance who is officially involved in the investigation into the Army's role at Waco---said he has seen "at least" 23 sets of travel orders for Delta members sent to Waco. He did not provide a time frame. "When they explained to me the depth to which they were involved down in Waco, I was quite surprised. They said basically they were out there in the vehicles; the Bradleys, the CEVs," Cullen told Dallas reporter Lee Hancock. "They were active." Since being quoted and also interviewed on television, Cullen apparently has gone to cover, perhaps having had the fear of Big Brother put into him for breaking the code of silence. He has disconnected his telephone at his home in Northern Virginia and has dropped from sight. ….."

Soldier Of Fortune 12/99 "…..Ironically. Hancock, like Schumer, had years earlier privately ridiculed SOF's coverage of Waco. By her own admission to one journalistic colleague, with whom SOF recently spoke, she was "practically an apologist" for the ATF and FBI in her early Waco coverage. She is now widely mentioned as a contender for a Pulitzer Prize, based on her new revelations….."

Soldier Of Fortune 12/99 "…..Others need to be put under oath and questioned, including First Lady Hillary Clinton and former Assistant Attorney General Webster Hubbell, who was the de facto boss at Justice during the stand-off. A D0J source earlier told SOF, as was reported, that Hubbell received his marching orders on Waco from two people in the White House: attorney Vince Foster and the First Lady. That was confirmed by a congressional source, who said transcripts of Hubbell's conversations on Waco with the White House had all portions blacked out that involved Hillary Clinton……"

Soldier Of Fortune 12/99 "….."But numerous experts in Forward Looking Infrared Radar are unanimous in their analyses that the FBI's own FLIR video shows men maneuvering behind armored vehicles as they direct automatic weapons fire toward the rear of Mount Carmel at about 0930 on 19 April. If that's not conclusive, some new conventional video unearthed by independent film maker Mike McNulty and viewed by this reporter clearly shows gunfire in the same time frame, fired from a pivot-mounted machine gun toward the rear of Mount Carmel."

St. Louis Post Dispatch 11/14/99 William Freivogel Terry Ganey "….John C. Danforth's proposal to simulate the conditions of the Waco assault would require scientists to virtually re-create April 19, 1993, right down to the temperature, wind speed, weather conditions, angle of the sun, model of surveillance camera and type of surveillance aircraft. They might even need to re-create the tank attack on the complex. That is the view of five experts on Forward Looking Infra Red imaging, the technology involved in special counsel Danforth's proposed simulation of the last minutes of the government assault on the Branch Davidians' compound. Danforth wants to test the claims that flashes on the infrared tape of the assault are images of gunfire from government agents….."

Freeper Ol’ Dan Tucker 11/20/99 reports http://www.geocities.com/ResearchTriangle/System/1543/f_agents/shootert.wavhttp://www.geocities.com/ResearchTriangle/System/1543/f_agents/shootert.wav "….This image was taken from the FBI SWAT video. The camera position appears to be in one of the two FBI sniper's nests. The sound of gunshots and their echos off the Mt. Carmel Center can be clearly heard. At the end of the clip there is a male voice that says something unintelligible, then then says what sounds like, "Ha-ha-ha-ha. Bulls-Eye you poor shit." …."

Penthouse 12/99 Ellis Henican "….. Enter Michael McNulty. If it weren't for him and a few close associates, millions of Americans might still believe that baloney. McNulty is a documentary-film maker who lives in Fort Collins, Colorado. Until recently, most Americans had never heard his name….. He talked his way into the Department of Public Safety evidence locker in Austin, Texas. He found photos of the tear-gas canisters the F.B.I. swore did not exist. He tracked down photos and grainy video and crackling audio tapes, each calling into question some aspect of the official account. He got reluctant witnesses to talk. ….The political fallout came swiftly. Soon, F.B.I. Director Louis Freeh was admitting the bureau had indeed misled the public. Calls for Reno's resignation were growing louder by the day. The Justice Department was forced to appoint a former Republican senator, John Danforth, to probe the catastrophe at Waco. Danforth vowed to answer Waco "dark questions" once and for all. As McNulty puts it, "They don't get any darker than mass homicide."……... It's the betrayal of the national trust-that we can trust our federal law-enforcement officers who represent us. That's the issue. The FBI, and the A.T.F. agents weren't representing themselves as individuals. They were representing all of us as citizens. They weren't saying, "Wait a minute, Mr. Koresh. You seem to be breaking the law here. We need to take you into court and put you through the process and determine if you have broken the law and if so mete out punishment." Instead, a bunch of people got killed. Did Koresh have culpability in some of this? Certainly. Did some of the Davidians? Certainly. But the government was responsible for escalating these events to the level that almost 100 men, women, and children died.

Penthouse 12/99 Ellis Henican "….. The use of other types of ordnance- both 40-millimeter and hand-placed devices that are suspect as the points of origin of the fire. The government is very fond of pointing to the two 40-millimeter projectiles and saying, "Well, these didn't start the fire." We never said they started the fire. They are just simply the evidence, the proof of the pudding that the government did tell a lie. Now we would like for them to address the real issues, which have to do with the other 40-millimeter ordnance and the flash-bang grenades that were found at the points of origin of the fire. Let me be more specific. The 40-millimeter ordnance we are examining right now were not found at the points of origin of the fire. They had passed through the building, according to the evidence that we've associated with those projectiles at this time. Their actual function and design is still under investigation by a renowned committee or group of scientists who are looking at the scientific-analysis results from the residues, et cetera.. …"

Penthouse 12/99 Ellis Henican "….. We also have evidence that is very compelling that flash-bang grenades that were used at Mount Carmel-a number of them were also found at the points of origin of the fires. And the mystery of it is that, in the evidence chain, they were mismarked. The plastic bags they were in were mismarked. They were identified as silencers. Or gun parts. Not flash-bang devices. And thereby they somehow managed to be missed in the arson investigation that followed the fire. Because everybody knows a silencer can't start a fire.

Penthouse 12/99 Ellis Henican "….. The evidence of the hole in the roof of the bunker and the effects that the shape-charge detonated on the roof of that bunker in the early stages of the fire had on the interior of the bunker and the human beings inside. That shape-charge device is a signature of a particular military unit that's known for its ability to breach such locations as bunkers. There is evidence-there is compelling evidence-that shows [people from this unit were] there. And in action. In forward-looking infrared videotape. In real-time video. In still photos and documents. And testimony from individuals.

ACLU 9/14/99 "….Warning of new potential for federal law enforcement abuse, the American Civil Liberties Union today said that a little-noticed provision of a defense bill would authorize even more military intervention in civilian law enforcement. The provision is buried in the Defense Authorization bill, which is scheduled for a final vote this week in both the House and Senate. The ACLU said the provision would provide a new exception to a century-old prohibition -- known as the Posse Comitatus Act -- against the military taking on responsibility for domestic law enforcement. Ironically, the vote on expanding the military's role comes as Congress prepares to launch a new investigation into the role of military units in the final assault on the Branch Davidians in Waco, Texas, six years ago…."

Associated Press 11/24/99 "….A federal judge on Wednesday ordered the FBI to turn over a dozen bullet shell casings to the special counsel re-investigating the Branch-Davidian siege, but did not respond to a request for the FBI guns. U.S. District Judge Walter S. Smith of Waco said the casings must be turned over to special counsel John Danforth for independent testing, along with crime scene photographs taken by the Texas Rangers and FBI, and diaries, notes and other paperwork……."

Addendum in 11/25/99 Houston Chronicle "….Smith also approved Danforth's request to review a Texas Rangers report on test-fired ATF weapons, crime scene photographs taken by the Rangers and FBI, and diaries, notes and other paperwork detailing the Ranagers' collection of evidence from the Davidian compound…..Last week, the former U.S. Senator from Missouri and his staff members traveled to Waco to sift through some 12 tons of so-called "junk" evidence collected from the burned remains of the Branch Davidian compound." …."

American Spectator 12/99 James Bovard "….At the press conference in July 1996 releasing the House report on Waco, I asked co-chairmen Bill Zelliff and Bill McCollum how much cooperation they had received from federal agencies. They said the cooperation had been pretty good-except for the Pentagon, which had refused to give them almost any information…."

American Spectator 12/99 James Bovard "….The "national security" excuse repeatedly invoked for not turning over key files to congressional investigators is wearing thin. According to the Dallas Morning News, "The military has estimated that at least 6,000 pages of its documents are classified, and CIA, FBI, Treasury, ATF [Alcohol, Tobacco and Firearms] and Justice Department officials have indicated that their agencies have a number of secret documents relating to the standoff." In September, the Texas Department of Public Safety blocked the release of a report listing all the evidence it collected after the fire because the information contained military secrets…."

American Spectator 12/99 James Bovard "…. In early October the FBI turned over thousands of key documents to congressional investigators-information previously withheld because it had supposedly been mislaid in boxes kept at Quantico, Virginia, home base of the FBI's Hostage Rescue Team. Throughout the 51-day siege, FBI spokesmen bitterly complained that none of the Branch Davidians would leave their compound. But according to these documents, in at least seven instances FBI agents threw flash-bang hand grenades at people who had left the residence, effectively driving them back into the building. Flash-bangs emit a deafening explosion and blinding flash-just the sort of weapon to strike terror into its intended target…."

American Spectator 12/99 James Bovard "…. Infrared footage from an FBI plane circling 9,000 feet above the Davidians' home on the final day reveals that federal agents fired machine guns at or into the back of the building-either shortly before or just after the fire had broken out. According to former Pentagon infrared expert Edward Allard, who was consulted by Rep. Dan Burton's House Government Reform and Oversight Committee, and other knowledgeable individuals who have scrutinized the footage, the film does indeed show such gunfire directed at the Davidians. Additional newly released infrared footage made by an FBI plane, featured in the just-released movie, Waco: A New Revelation (made by Mike McNulty, one of masterminds of the 1997 Emmy-award winning Waco: Rules of Engagement), shows two figures exiting from the back of a tank and then spraying the back of the Davidians' residence with automatic weapons fire. ….More likely, the FBI tried to keep the Davidians inside while its tanks crushed in the walls and collapsed the roofs-long after the air inside was nearly unbreathable because of a massive six-hour attack with CS gas…."

American Spectator 12/99 James Bovard "…. The FBI deceived Congress and a federal judge by withholding information that it had six closed-circuit television cameras monitoring the Davidians' home throughout the siege. The resulting films may contain information to resolve the major issues of Waco. Incredibly, the FBI claims none of the cameras contained tape-the very same excuse made by the ATF, which had cameras both in the helicopters and on the ground when it launched its February 28 commando-style raid on the Davidians' home…."

American Spectator 12/99 James Bovard "…. Lawyers for surviving Branch Davidians were given a massively doctored infrared FBI tape of the final day's assault. The tape has large gaps-including a suspicious gap just before the fire started. The tape was also spliced numerous times….."

American Spectator 12/99 James Bovard "…. It is now clear that a massive cover-up has occurred-in either the FBI or the Justice Department, or both. Newsweek reported that, according to a senior FBI official, "as many as 100 FBI agents and officials may have known about" the military-style explosive devices used by the FBI at Waco-despite Reno's and the FBI's endless denials that such devices were used. Growing evidence of federal deceit over Waco notwithstanding, not a single official has been charged with perjury or obstruction of justice. Phil Chojnacki, one of the two ATF commanders on February 28, was fired after Treasury Department bosses concluded he lied about knowing that the "element of surprise" was lost in the initial assault that saw four ATF agents killed. But Treasury rehired Chojnacki to serve as an expert witness for the feds in court trials…."

Dallas Morning News via Knight Ridder 11/22/99 Lee Hancock "….The kind of re-creation proposed by lawyers representing Branch Davidians in a wrongful death lawsuit -- and endorsed both by the federal judge overseeing the case and by Waco special counsel John Danforth -- would be unreliable and inadmissible in federal court proceedings, Justice Department lawyers argued in a pleading filed Monday….."

Dallas Morning News via Knight Ridder 11/22/99 Lee Hancock "….In Monday's pleading, government lawyers argued that it would be impossible to replicate environmental conditions or the equipment used by the government on the last day of the standoff. The FBI has upgraded its infrared camera in the six years since the standoff, and the equipment is a one-of-a-kind device whose capabilities are classified under national security regulations, government lawyers wrote. Restoring that camera to its 1993 condition would be ``impracticable and cost prohibitive,'' government lawyers wrote. ……"

Dallas Morning News via Knight Ridder 11/22/99 Lee Hancock "….Mike Caddell, lead lawyer for the Branch Davidians, dismissed the pleading as a ``weak'' attempt to undermine what other experts have said could be a definitive and scientifically valid test. He said he believes that the FBI could easily restore its camera to its 1993 condition, a process he said would be akin to ``changing from a DVD recorder to a VCR.'' ``I haven't talked to anybody who said you can't re-create this. Soil moisture conditions are not going to affect the detection of muzzle blasts from an M16,'' he said. ``The demonstration is not to determine what those flashes are. It is simply to determine whether those flashes could be gunfire.''…."

 

Dallas Morning News via Knight Ridder 11/22/99 Lee Hancock "….In a separate federal court filing on Monday, the Justice Department acknowledged that an FBI technician conducting a Friday ammunition inventory found 20 envelopes with bullets test-fired from guns recovered from the Branch Davidian compound at the FBI laboratory. It came four days after government lawyers assured Judge Smith that they had surrendered everything in the government's possession relating to the Waco tragedy……"

Dallas Morning News via Knight Ridder 11/22/99 Lee Hancock "….James J. Cadigan, chief of the lab's firearm's unit, said in a sworn statement that 18 of the envelopes were discovered in an ammunition storage box, and that prompted a search that turned up the other two envelopes…… But the chairman of the Texas Public Safety Commission said Monday that Texas officials are increasingly concerned that a key piece of evidence may still be at the FBI lab, following a fruitless two-day search of tons of Branch Davidian evidence in Waco. More than a dozen Texas Rangers, congressional investigators and officials with Danforth's office spent two days combing through the evidence last week for a missing pyrotechnic tear gas grenade fired by the FBI….."

Dallas Morning News via Knight Ridder 11/22/99 Lee Hancock "….The search turned up 24 items that may have evidentiary value, including parts of a MAC-10 pistol, a .38-caliber revolver and a number of what appeared to be burnt remnants of government listening devices placed in the compound during the siege, said James B. Francis Jr. chairman of the DPS board.. ``But we did not find that cannister we were looking for,'' he said. ``We don't know where it is. It may be in the FBI's lab. That's the only other place that we know it could be. Nobody else has had access to that except FBI agents over the years.''…."

Dallas Morning News via Knight Ridder 11/22/99 Lee Hancock "….Texas Rangers have been trying to find the missing projectile since June, when Francis ordered a search after learning that it was not among the collection of Branch Davidian evidence held in the state agency's Austin evidence lockers…… "

Reuters 11/22/99 "….The U.S. Justice Department told a federal judge on Monday it would be impractical and scientifically invalid to try to reenact the final day of the 1993 siege on the Branch Davidian compound in Waco, Texas. Instead, the Justice Department urged that a court- appointed neutral expert be charged with developing a protocol for determining whether gunfire can be seen by the FBI's infrared technology and what it might look like….. It said the FBI's infrared technology has been upgraded over the past six years, and that it would be "impracticable and cost-prohibitive'' to reconstruct the system used in 1993. "It is not practicable to recreate the conditions that existed at the Branch Davidian compound because of the complexity of the scene,'' the Justice Department said….."

St. Louis Post Dispatch 11/21/99 Terry Ganey William Freivogel "….The two special agents were assigned to a vehicle that tore down the back side of the complex in an attempt to roust the Branch Davidians. They may have been able to see if agents fired weapons. Investigators for special counsel John C. Danforth are preparing to question two FBI agents who drove a converted tank during the siege on the Branch Davidian complex in 1993 and who may have been in a position to see if agents fired weapons. The two are special agents James T. Walden and Gary Harris, who were assigned to a vehicle that tore down the back side of the complex in an attempt to roust the Branch Davidians. Experts for the Branch Davidians who have reviewed infrared tapes of the event say they can see flashes of gunfire around the tank. ……"

St. Louis Post Dispatch 11/21/99 Terry Ganey William Freivogel "….Caddell said he plans to depose Walden and Harris in about three weeks. He said the pair have not testified in court or before Congress about what happened at the Branch Davidians' Mount Carmel complex outside Waco…… According to FBI after-action reports, Harris was the driver and Walden the commander of the converted tank that was rigged with a boom to shoot tear gas into the upper story of the complex at Mount Carmel. The tear gas was supposed to force people out. After mechanical problems knocked out that vehicle, Harris and Walden transferred to another that was not equipped with a boom to fire tear gas. Harris drove the replacement tank to the back of the complex. The report said he and Walden were supposed to "clear a path" through the structure. Their tank began battering a back wall of the gym building. "When it was determined that the structure was empty, the vehicle was driven through the structure from the black (back) to the white (front) side," the report said. "After moving into the room as far as was possible, Special Agent Walden reversed and removed the vehicle from the structure. As he was doing so, he observed smoke followed by flames from the kitchen area." ……"

ABC News 11/19/99 Beverly Lumpkin "….. Deputy Attorney General Eric Holder pointed out Thursday that the media has mis-reported the judge's ruling on the so-called re-enactment of the events at Waco, Texas, on April 19, 1993 - the judge did not actually order this. A careful re-reading of the order reveals that Judge Walter Smith in fact said he was "persuaded that one FLIR test should be conducted." He then "propose[d]" certain steps be followed, but did order that any suggestions or objections should be sent to him by Nov. 22. But as I noted last week, it is impossible to replicate the precise conditions that existed on April 19, 1993. Holder said, "To the extent that we are capable of doing it, we'll follow the directions of the court. And if we are ordered to re-create the situation, we'll do the best job that we can." ….."

Source: St. Louis Post-Dispatch 12/4/99 William Freivogel Terry Ganey "....When investigators for special counsel John C. Danforth and Congress recently combed through the 12 tons of evidence from the scene of the assault, their most interesting findings concerned things that were not there, according to informed sources. The most important item missing was the 44 mm pyrotechnic tear gas projectile that reignited the Waco investigation last summer....... Its disappearance could be evidence that a cover-up began shortly after the siege, investigators say...... A photographer for the Texas Rangers - identified by sources as Kent Kincaid - photographed the projectile immediately after the siege. But the projectile was not listed on an inventory of evidence, sources say, and it has not been seen since. The Texas Rangers confirmed that one of their photographers took a picture of the projectile, but said Kincaid could not remember taking the photo....."

Source: St. Louis Post-Dispatch 12/4/99 William Freivogel Terry Ganey "....One other finding of the investigators who went through the Waco evidence last month was that there was no evidence to support McNulty's claim that the government may have used a high explosive "shaped charge" to blow a hole in a concrete bunker in which children had taken refuge. If a shaped charge had been used, it would have left telltale signs, investigators say. There would have been pieces of wire that are used in the charge, and the steel rods in the concrete would have been vaporized. But there were no wires in the evidence, sources say, and the rods were bent but not vaporized...."

St. Louis Post-Dispatch 12/2/99 Terry Ganey William Freivogel "….Former FBI sniper Lon Horiuchi will have his own expert examine rifle shell casings that were found in an undercover house near the Branch Davidian complex in 1993……In court documents filed in Waco Thursday, government lawyers said Horiuchi would call Ron Freels, a crime lab supervisor for the Kentucky State Police, to examine the shell casings and compare them to test fired weapons. Freels is expected to testify concerning the comparisons next May when a trial is held on the Branch Davidians' wrongful death suit against the government……. "

Waco Tribune-Herald 12/1/99 Tommy Witherspoon "…..Although the government opposes a proposed re-creation of the final day of the 1993 Branch Davidian siege, Justice Department officials on Tuesday submitted the names of three experts in the field of infrared imaging as potential participants in the test…… In the motion filed Tuesday, government attorneys nominated as neutral experts John Cederquist, Stephen R. Stewart and Timothy J. Rogne, all employees of ERIM International of Ann Arbor, Mich. "The United States submits that the appointment of a team of neutral experts who have access to additional resources and personnel such as are available through ERIM would assure that the proposed protocol and testing are designed by top scientists who have considered all relevant issues," Justice Department attorney Marie Louise Hagen wrote in her motion. "This, in turn, should generate results in which the court, the parties and the special counsel can have confidence." Lead plaintiff attorney Mike Caddell of Houston scoffed at the nominations, saying, "I am shocked by the government's apparent belief that it could hoodwink the court this way." Caddell noted that the three are all former colleagues at ERIM of Irving William Ginsberg, who submitted an affidavit on the government's behalf last week claiming that there are "too many unknown variables" to accurately recreate the conditions of April 19, 1993. ….."These guys are supposed to be neutral?" Caddell asked. "They submit an affidavit from a hired expert, Ginsberg, who says the re-creation can't be done and then they propose three of his former cronies as so-called neutral experts? This is just more of the same from the government. These people are not interested in a legitimate test of what really happened on April 19, 1993. They are only interested in some rigged demonstration that will show what they want it to show."……"

12/5/99 Freeper Red Jones Observes "…My comment is that someone is making the judgement that there was no evidence of a shaped charge being used. I can understand that they might not have found a memo from Hilary to use a shaped charge. If the investigators conclude that this means there's no evidence that the military used a shaped charge against civilians in Waco, then I think they should look at the photographs and the autopsy evidence. We've seen the photo of the concrete bunker with a big hole in the top of it. We've heard from the audio that there were two explosions. One of those explosions was the propane tank. One was something else. The APG moved up to that bunker and stayed briefly. This occurred of course after the APG physically destroyed the 45' x 45' gymnasium room nearby. In doing this special demo work that Janet Reno insisted under oath was 'inadvertent' the APG gained tactical accessibility to the bunker. Could US army personnel have jumped out of that APG and placed the charge? …

12/5/99 Freeper Red Jones Observes "…Just a few feet from where the APG hovered the concrete bunker absorbed an explosion to cause that big ~30" diameter hole. We're talking about 4" reinforced concrete. Under the hole were approximately 8 bodies each torn in pieces and partially melted when investigators found them. That didn't happen except under horrific explosive force that pointed downward. However, when you look at the rest of the concrete at the top of the bunker you see the critical clues. There are no cracks throughout the top of the bunker, just this one round hole. When a propane tank explodes the force goes in all direction. Whatever this force was that blew a hole in the bunker was a very concentrated force that put tremendous force straight down, enough to shear through 4" reinforcec concrete and kill those people below as well while at the same time not enough force to crack concrete just a couple of feet to the side. A propane tank would always be set on a stand putting it 4" above the concrete, if that's where it was and there's doubt. It's force under explosion would go in all directions. It would likely not have enough force to shear through that concrete and if it did, then it would've cracked concrete further from the perimeter of the hole than this explosion did. …

12/5/99 Freeper Red Jones Observes "…It is obvious simply from the photographic evidence that this was a shaped charge. All of these things can be tested by technicians and engineers. A bunker identical to the Waco bunker should be constructed. A propane tank identical to the Waco tank should be placed on top as it normally would sit. Then it should be detonated under the force of fire. A test would duplicate the nature of the damage seen in the photo if this damage were not done by a shaped charge. However, if the damage that results does not rival the 30" diameter hole we see in the photo, then we would have solid technical evidence of a shaped charge used by those US army personnel in their attack on civilians at Waco, TX in 1993. …."

St. Loius Post-Dispatch 12/4/99 Terry Ganey William Freivogel "....For the past few weeks, current and former FBI officials have been summoned to St. Louis to be grilled by investigators working for John Danforth, the special counsel appointed to find out what happened to the Branch Davidians near Waco, Texas, in 1993...... Coulson, former head of the FBI's hostage rescue team, was one of four former top FBI officials interviewed recently by Danforth and his investigators. Others were Richard Rogers, another leader of the hostage rescue team; Jeff Jamar, the top FBI commander at Waco; and Bob Ricks, a commander and FBI spokesman at Waco....... In addition to the former commanders, some current members of the hostage rescue team have been flown in from its base in Quantico, Va., to be interviewed........ "It's intense," said one of the witnesses who had been interviewed. "When the focus of the inquiry is to find out whether you committed federal crimes or not, it's intense." ......Those questioned were not under oath. No court reporter was present, and the sessions were not tape recorded.......As tough as the sessions with Danforth's investigators were, they may be mere warm-ups for what's to come. Congressional investigators and lawyers for the Branch Davidians also plan to interrogate current and former FBI agents...."

Federal.com 11/29/99 Marvin Lee "……In a remarkable interview with the St. Louis Post-Dispatch, the federal prosecutor who worked on the Waco case longer than any other government lawyer has revealed the methods used by the Department of Justice to intimidate him after it discovered his intentions to reveal the truth about Waco. Assistant U.S. Attorney William W. Johnston said he saw the Justice Department:

1) Refuse to prosecute government agents who made false statements about the initial raid on the Branch Davidians by the Bureau of Alcohol, Tobacco and Firearms.

2) Deny using pyrotechnic tear gas for six years after federal prosecutors in Texas had learned of its use.

3) Classify him a mutineer for releasing information about the use of the pyrotechnic gas.

4) Send subtle -- and not so subtle -- messages threatening to pin blame on him for the delay in the release of information.

5) Stamp key Waco documents "privileged" to block their disclosure.

6) Obstruct his attempt to warn Attorney General Janet Reno that she was not being told the whole truth about Waco……."

St. Pete Times 11/28/99 Susan Aschoff "….A friend of McNulty's in Arizona, David Hardy, had helped dig up a lot of it. Hardy, a former Interior Department attorney, first sued the ATF for access to the evidence in 1996. The ATF told him the Texas Rangers had it because the Rangers had been assigned to investigate the unsuccessful ATF raid. The Rangers said they were not authorized to release anything. Try the Justice Department. An assistant U.S. attorney in Waco finally told McNulty to come on down and take a look. There was 12 tons' worth. An inventory of the storage rooms listed 500 boxes and hundreds of sealed, 5-gallon drums containing spent munitions. Charred guns in plastic bags filled shelf after shelf, almost 200 labeled as belonging to the Davidians…. "

St. Pete Times 11/28/99 Susan Aschoff "…."There was CS gas (residue) everywhere," says Jason Van Vleet. "If you stayed in too long, your lungs would start to burn." ……"We literally stumbled over a cut-down beer box -- it had 28 Super-VHS videotapes made by the Texas Department of Public Safety starting April 19, shortly before the fire," McNulty says. The tapes chronicled the collection of bodies and evidence after the blaze. McNulty wondered if the FBI knew they existed. He asked for copies. He found at least four projectiles and casings he believed to be pyrotechnic. On the next visit he brought munitions expert Jack Frost to take scrapings. They wanted to determine if the canisters passed through the wooden structure…."

St. Pete Times 11/28/99 Susan Aschoff "….The extreme right has long made the late Vince Foster its poster boy for conspiracy theories. Van Vleet says the White House counsel shot himself in the head July 20, 1993, three months after Waco, out of guilt. As the Texas Rangers' contact person during the standoff, Foster could not live with what happened, Van Vleet says. Foster's widow told investigators Waco had been on his mind. Foster's involvement indicts the Clintons, says Van Vleet. ……. The movie is done like a court case, Van Vleet says, jumping up to pace the room. "We take their (previous) testimony -- ATF, FBI, military -- and disprove it." The film includes interviews with former FBI, CIA and law enforcement officials, munitions experts and surviving Branch Davidians. ….The Van Vleets and MGA were not involved in the first documentary. Theirs, says McNulty, is less cinematic but harder-edged, drawing the noose tighter and higher up the ladder in D.C……"

St. Pete Times 11/28/99 Susan Aschoff "….Delta Force soldiers were at the site, but only as observers, they say. Declassified government documents recently obtained by the New York Times show that Special Operations Command at MacDill Air Force Base in Tampa, which oversees Delta Force, was involved in Waco more than a month before the final assault, and reported to the secretary of defense and joint chiefs of staff on its operations. The role of Delta Force is unclear. So is an end to the controversy over Waco. ….."

St. Louis Post-Dispatch 11/27/99 William Freivogel Terry Ganey "… In the first, Johnston recommended the prosecution of ATF field commanders Phil Chojnacki and Chuck Sarabyn on charges of filing false statements about the raid. Johnston thought the two lied when they said they had not known before the raid that the element of surprise has been lost. An undercover agent said he had warned them. "About 40 agents heard Chuck Sarabyn say, 'Hurry up. We've got to go. They know we're coming,' Johnston said. The two were not prosecuted. The other investigation targeted two of Johnston's best friends, Deputy U.S. Marshals Parnell and Mike McNamara, as the sources of the leak. The McNamaras denied the allegation and passed lie detector tests. But the Justice Department never punished the marshals' employees who falsely accused them. "A number of things have made me less trustful," Johnston says. "Is this the way to treat government employees?" ….."

St. Louis Post-Dispatch 11/27/99 William Freivogel Terry Ganey "… Johnston called Reno's attention to the three-page fax that had been sent him. He noted that it had "privileged" written on it, and "DOJ witness do not disclose." Johnston wrote: "It is my hypothesis that the torts branch has had these documents for years and that they decided not to make them available to the plaintiffs." Judge Smith called Reno after Johnston wrote the letter and asked her to make sure there was no retribution. She replied that Johnston would be treated fairly. Shortly after that, the department announced that Blagg, Johnston and all of the other Texas lawyers who had worked on Waco would be taken off the case. Hagen remains in charge of the government's defense. ….."

St. Louis Post-Dispatch 11/27/99 William Freivogel Terry Ganey "… Hagen has been criticized for withholding information in another highly publicized case, a suit filed by relatives of sailors killed in an explosion on the battleship Iowa in 1989. Magistrate Judge David Perelman blamed Hagen and another lawyer for withholding Navy documents that outlined the lesson they had learned from the incident. Hagen declined to comment. …….."

neal@nealknox.com 11/23/99 Neal Knox "….Surprise. Janet Reno's Justice Department is opposing the re-enactment of Waco smallarms fire advocated by the Branch Davidian lawyers and supported by Judge Walter Smith and Special Counsel John Danforth……. That's the same Janet Reno who declared she intended to determine the truth about Waco, both in 1993 and 1999, and has fought every effort to look up her skirts -- figuratively, of course. ........... Four days after telling Judge Smith all the Waco evidence had been turned over to him, the FBI found 20 bullets fired from guns recovered at the scene……"

American Spectator 12/99 James Bovard "….•Lawyers for surviving Branch Davidians were given a massively doctored infrared FBI tape of the final day's assault. The tape has large gaps-including a suspicious gap just before the fire started. The tape was also spliced numerous times….." Freeper Fred Mertz adds "….This must be the tape that Gordon Novel was talking about….."

Human Events 12/10/99 Gary Aldrich ".....if Specter wants to get at the whole truth about Waco, he cannot stop at the Justice Department. He must trace the political chain of command for this tragedy right back to where the buck is supposed to stop--the Oval Office. Feeral Bureau of Investigation (FBI) agents who were at Waco say they were following orders from Washington, D.C. On that crucial day of April 19, they were ordered--from Washington--to knock down as many walls as needed and insert as much tear gas as necessary until Branch Davidian leader David Koresh cried uncle. We still do not know who ordered the tanks on April 19 to knock down walls, or plow through rooms. But we do know that prior to that day the use of tanks for this purpose was not in the "Ops Plan" authored and recommended by the FBI. Under that "Ops Plan," the tanks were not to be used to knock down structures, but only to protect agents from rifle fire while inserting tear gas......"

Human Events 12/10/99 Gary Aldrich ".....The reason we don't know who gave the order to start knocking down walls is that experienced FBI agents such as then-Deputy Assistant Director Danny O. Coulson, who had been running the Waco siege from a command center in the FBI's Washington headquarters, were kicked out of the center on the morning of April 19--and replaced by Atty. Gen. Janet Reno, then-Associate Atty. Gen. Webster Hubbell, then-FBI Director William Sessions, and Session's deputy, Floyd Clark. Whether someone in that room gave the order, or someone at the White House passed the order down to that room, we do not know. But whoever it was apparently did not consider what would happen next if the Davidians did not surrender. And, of course, they did not. When it became apparent that Koresh and his followers were not coming out, there was the commonsense option of backing off. But that order was never given....."

Human Events 12/10/99 Gary Aldrich ".....I recently interviewed Coulson. He is an agent's agent who was instrumental in setting up the first FBI Hostage Rescue Team. He had led raids all over the country, and helped rescue hundreds of people without loss of life. He and other highly trained, experienced supervisors were monitoring the siege in Waco, until that fateful day....... Coulson states that often when the tanks would roll by the windows, Branch Davidians would hold the children up so that agents would get the message loud and clear: The Davidians wanted them to know they would not let a few children stop their crusade. They were on their way to heaven, and they would take the young ones with them. This alone should have stopped the empty suits in Washington from ordering the reckless assault that day. The irrational behavior exhibited by Koresh made the decision all the more ridiculous......."

Human Events 12/10/99 Gary Aldrich ".....Coulson said he had always been opposed to the HRT's use of military vehicles, such as tanks. He believed that Koresh and his followers would probably overreact to the sight of tanks running around in their front yard. Of course, Koresh did not panic when he saw the tanks. He was not impressed with the government's show of force. Indeed, the tanks were his best evidence that the government meant to kill them all. The HRT's use of military fatigues did not help either. On the other hand, Coulson knew that Koresh's .50-caliber rifle rounds could penetrate just about anything--except a tank. So Coulson's objections to the use of tanks could not be sustained....."

Human Events 12/10/99 Gary Aldrich ".....But from back in Washington, Waco appeared to be an increasingly expensive and embarrassing standoff. The press was beginning to hound Clinton about it. And it was from Washington--not from the scene at Waco--that pressure came to bring the embarrassing standoff to a close. So, who was watching out for the children? Who at the White House insisted on a guarantee of their safety? The answer is, nobody. That's the real story of Waco....... FBI agents who have spent their careers protecting innocent lives have a right to hope that these congressional committees will at last discover what really happened at Waco, and why. Former FBI Deputy Assistant Director Danny O. Coulson and his team deserve no less from the country they served so well......"

New York Press 12/8-14/99 Godfrey Cheshire "….But I have to say, now, that the single most disturbing movie I've ever seen is the 1997 documentary Waco: The Rules of Engagement, in which families are burned alive not by Russian bombs or Nazi crematoria but as a result of actions instigated by U.S. law enforcement officials. Waco documents a homegrown holocaust, one for which redress and rectification are still outstanding……. But I wouldn't say that more than two years after the fact is too late to be reviewing this film. On the contrary, there's perhaps nothing more valuable I could do in December 1999 than to urge anyone who hasn't seen Waco: The Rules of Engagement to do so. It is out on video; you can even get it at Blockbuster. Easily the most important American documentary of the past decade, it has a timeliness that only increases as the case it chronicles continues to unfurl in the media, the legal system and public awareness……. The film devastatingly probes the U.S. government's responsibility for the deaths of some 80 members of the Branch Davidian community outside of Waco on April 19, 1993, and the coverup that followed. But more than that, it has done its work at a time when the major U.S. media has largely been content to let the government's obfuscating myths about the Waco disaster stand unchallenged. Funded and distributed privately, the films unveils truths that others have been unwilling to show or to see; in doing so, it has encountered few competitors and no rivals in the difficult, crucial task of focusing public attention on the most lethal use of police muscle in U.S. history….."

New York Press 12/8-14/99 Godfrey Cheshire "….Waco uses a vast array of source materials-along with very little narration and no dramatic recreations or the like-to paint a strikingly different picture……. The film provides compelling evidence that the ATF cowboys fired first, and were sent into fumbling disarray when the Davidians shot back in self-defense, as allowed by a Texas law that proscribes the use of excessive force in arrests. The gun battle lasted 50 minutes; at the end four ATF officers and six Davidians were dead. Enter next the FBI for a 51-day standoff-cum-media circus during which the feds blared horrid tapes (rabbits being slaughtered, obnoxious music, etc.) and blinding lights at the Davidians, mooned and made obscene gestures at them, while keeping up a round of spurious "negotiations" in which Koresh seems to have spoken in consistent good faith while the FBI prevaricated wildly (the tapes we hear are appalling). Finally, when someone in Washington decided to pull the plug despite evidence that Koresh was close to surrender, the FBI attacked the group's complex with tanks that injected potentially lethal doses of CS gas while also ramming the building in ways that left gaping holes, giving the structure the ventilated updraft of a potbelly stove. The subsequent fire that rapidly ravaged the Mt. Carmel complex, killing most of its remaining residents, including 53 women and children, was effectively inevitable….."

New York Press 12/8-14/99 Godfrey Cheshire "….But the crux of Waco comes in the section where a set of Forward-Looking Infrared Radar (FLIR) videotapes taken by a surveillance plane are examined by an expert. He points out what our eyes seem to confirm: clear signs of gunfire aimed at the complex from the outside rear, the side hidden from the long lenses of the national media's kept-at-a-distance cameras. If government shooters were gunning down Davidians as they attempted to flee, the feds' murderous intent is irrefutable. Still, while my scrutiny tells me what I'm seeing is gunfire, the FLIR images are bit like that famous scene in Blow-Up or the Zapruder film: tantalizing proof of the final ambiguity of mechanical images. Lacking corroboration, such pictures will always admit different readings. But what of it, ultimately? What the government meant to do may remain open to argument. What it did is bad enough: single out a group for what was essentially a religious persecution; deny them due process and their civil rights; bombard children with lethal doses of gas in order to make their parents surrender (this in the name of "protecting" the kids); bungle, lie and cover up at every turn; ignore the opportunities for a peaceful resolution; and elaborately create the conditions for that cataclysmic inferno. Given all this, it hardly seems crucial who tossed the first match….."

New York Press 12/8-14/99 Godfrey Cheshire "….After I spoke with Dick Reavis last week, he faxed me a letter of afterthoughts, which included this: "When the press failed to read, and hence, to respond to my book-the sensation of Waco having passed-I came to believe that the 'System' that we as civil rights workers saw, might still exist. It was a system of oppression, by governments and economic interests, and it oppressed everybody, black and white. The 'System' had decided to keep the Waco events a secret, I decided, and its press naturally cooperated; it was dedicated to paychecks and ratings and promotions and good restaurants, not to any truth or any justice. Mr. McNulty, to his apparent credit, never lost faith that, as the saying goes, 'the system works.' He never lost faith in what is called American democracy."…."

Dallas Morning News 12/9/99 Lee Hancock "…..Lawyers for the Branch Davidians began questioning FBI agents under oath in Washington Wednesday in the first of a series of depositions aimed at determining what happened on the tragic final day of the 1993 Waco siege. Justice Department lawyers imposed strict secrecy, using a court order to prohibit the release of even the names of witnesses being called for the series of depositions, scheduled to continue through next week. A department spokesman declined to comment. …….Also to be questioned were FBI electronics experts assigned to help infiltrate the compound with tiny eavesdropping devices and maintain a system of closed-circuit television cameras outside the building. Although government documents include statements from FBI technicians that the cameras were running on the final day of the siege, no recordings have been released to lawyers who defended Branch Davidians in a 1994 criminal trial or to lawyers involved in the ongoing wrongful death lawsuit. Other witnesses to be questioned include members of the FBI hostage rescue team who bashed the rear of the compound with tanks and fired tear gas rounds during the final government assault on April 19, 1993….."

Dallas Morning News 12/9/99 Lee Hancock "…In a letter last week to government lawyers, Mr. Caddell indicated that he also is challenging their efforts to block public access to most of the thousands of documents that they have turned over to the Branch Davidian legal team. Even government reports, statements and other documents previously surrendered to Congress or submitted to defense lawyers during a 1994 criminal trial have been stamped "Confidential" and "Attorney's Eyes Only" before being surrendered to the lawyers involved in the wrongful death case, Mr. Caddell wrote. Justice Department lawyers also marked confidential their refusal to answer questions about the number and identities of U.S. Army Special Forces personnel sent to Waco during the siege, he noted. "It is becoming increasingly clear that this overzealous use of the 'Confidential' and 'Attorney's Eyes Only' stamps are not for the legitimate protection of law enforcement personnel involved in ongoing operations, but rather to keep information concerning the FBI's missteps and bad acts at [Waco] from the American people," Mr. Caddell wrote….."

Boston Globe 12/13/99 Jeff Jacoby "…. A most remarkable thing happened in Seattle last week. The chief of police resigned. In the aftermath of riots that disrupted the World Trade Organization, caused millions of dollars in damage, and blackened the reputation of Seattle's police, Chief Norm Stamper did the stand-up thing. He stepped down. …… On the same day that Stamper tendered his resignation in Seattle, a professor at Boston University tendered his. John Schulz voluntarily stepped down as chairman of the school's Mass Media, Advertising, and Public Relations Department after it transpired that he had used someone else's words in a lecture without giving credit to the author. Nobody doubts that the lapse was unintended - he was in a rush and simply forgot to attribute the quotation. Yet Schulz himself, declaring that ''the failure to attribute a source is a serious offense in a university,'' insisted on walking the plank. Bravo to both men. What they did took real integrity. A pity it doesn't happen more often. ….''I made the decision,'' said Attorney General Janet Reno after an FBI assault on the Branch Davidian compound in Waco, Texas, led to the deaths of nearly 80 people. ''I'm accountable. The buck stops with me.'' But accepting responsibility didn't mean that she was ready to accept punishment. She didn't offer to leave office. The buck may have stopped with her, but nothing changed. What kind of responsibility was that? ….."

Freeper Ol Dan Tucker 12/11/99 "…..Okay. I did a little research on CAN. First off, the so-called old CAN is out of business. Bankrupt from a lawsuit involving, guess who? Rick Ross. The new CAN is owned by scientologists who say they've sworn off the terroristic tactics of the old CAN. Here's the gist of what I found…."

FOR IMMEDIATE RELEASE KENDRICK MOXON, ESQ 9/29/95 "….http://www.geocities.com/ResearchTriangle/System/1543/can/ross01.jpghttp://www.geocities.com/ResearchTriangle/System/1543/can/ross01.jpg - "In what may well be the most important civil trial victory ever for an individual's right to religious freedom, a jury in Washington today ordered the Cult Awareness Network (CAN) and three leading members -- including high-ranking spokesman and deprogrammer Rick Ross -- to pay $4,875,000 in damages to a member of a Pentecostal church who was the victim of a failed violent deprogramming by Ross in 1991. The court found that in brutally kidnapping then 18-year-old Jason Scott and holding him for five days against his will in an effort to force him to leave his church, CAN, Ross and their accomplices Charles Simpson and Mark Workman had conspired to violate Scott's civil rights to freedom of religion." ….. "Ross gained notoriety this summer after the BATF and FBI were criticized for utilizing him as a "consultant" leading up to and during the Waco stand-off in 1993. It was discovered that Ross had a prior conviction for $100,000 of jewelery theft and a psychiatric history that included being diagnosed as having "sociopathic inclinations." After deprogramming Branch Davidian David Block at the house of leading CAN official Priscilla Coates, Ross put Block in touch with the BATF. The Treasury Department report on Waco found that false information provided to the BATF by Block was a major factor in the BATF's decision to mount a raid against the Davidians. When the Davidian compound burned to the ground, Ross boasted on TV that he had also been in touch with the FBI throughout the "long haul" that led up to the disaster"...

The Washington Post Laurie Goodstein 12/23/96 "…."...But Moxon says that Scott "hasn't collected anything" because both CAN and Ross declared bankruptcy. Before declaring Chapter 7 bankruptcy, CAN had offered to pay Scott $19,000, but Moxon said in an interview that he and other creditors rejected the sum because it was "a complete rip-off of Jason." When CAN went bankrupt it was taken over by a trustee, who is selling the group's assets piece by piece..."….. "In his extraordinary turnaround this month, Scott decided to reconcile with his mother and with the deprogrammer who kidnapped him. Scott and Rick Ross signed a settlement agreement on Dec. 2, entitling Scott to $5,000 and 200 hours of Ross's time "as an expert consultant and intervention specialist," according to the confidential settlement agreement." "Ross said that "Jason felt he was being used, that this whole battle with CAN was not his battle . . . and he wanted to collect a settlement and get on with his life." Ross said he paid Scott the $5,000 that day."……"

Associated Press, Bob Egelko 8/27/98 "….Seven federal appellate judges said Wednesday that free speech was threatened by their court's ruling upholding $1.09 million in damages against an anti-cult organization for its role in trying to "deprogram" a Washington state teen-ager. "We have taken a great leap backwards in the protection of First Amendment freedoms," Judge Alex Kozinski, writing for the seven, said in arguing that the 9th U.S. Circuit Court of Appeals should reconsider the ruling. He said the Cult Awareness Network did not employ the deprogrammer or approve his actions and was bankrupted by the ruling. But the court said the request for a rehearing had failed to gain a majority vote among the court's 21 active judges..."

The Seattle Times, Janet Burkitt 3/23/99 "…..Yesterday's Supreme Court ruling upholding a more than $ 1 million award against a national anti-cult group would seem a straightforward victory for a onetime local man..." "After a jury awarded Scott more than $ 5 million in October 1995, including the more than $ 1 million from CAN, the group declared bankruptcy. Ross, who was to pay much of that money, signed a settlement with Scott in 1996, entitling Scott to $ 5,000 and 200 hours of Ross' time as an intervention specialist. Ross Said he and Scott are friends now, and Scott often visits him at home." "The people involved in the Supreme Court case still say they are in a group called CAN, but a Scientologist has bought legal rights to the name. The group that sprung from that purchase "espouses the exact opposite views of what the old CAN used to espouse," said Paul Lawrence, appellate attorney for the old group." "Many Scientologists belong to the new Cult Awareness Network, which issued a statement after yesterday's decision that the old network's "reign of terror is long over." …."

St. Louis Post-Dispatch 12/29/99 Terry Ganey "…. When lawyers for the Branch Davidians sat down recently to question a government witness about what happened at Waco, they found themselves looking at a black screen. The witness, a member of the Army's highly classified Delta Force, was hidden behind a screen that had been erected in a doorway of a room in a building in Washington. Four attorneys for the Defense Department and the Justice Department were positioned so they could see the witness's face and confer with him about his answers. But for the Branch Davidian lawyers asking the questions, the witness remained in a shadow world. And when the interview was over, the Branch Davidian lawyers had to allow time for the witness to depart…….. The episode is an example of the elaborate security that the federal government has erected around the identities of some of the witnesses to the 1993 siege at Waco. While members of the highly classified Delta Force get super-secret treatment, the lawyers also cannot ask for personal identifying information of some other witnesses, such as FBI agents. The government says the precautions are necessary to ensure the safety of federal employees, especially those who participated in the final assault on the Branch Davidians' Mount Carmel complex near Waco, Texas. Justification for the precautions is demonstrated, the government adds, by the fact that some agents of the FBI and the Bureau of Alcohol, Tobacco and Firearms who have been linked to Waco have been threatened and harassed….."

St. Louis Post-Dispatch 12/29/99 Terry Ganey "…. Newspapers have begun to weigh in on the issues. The Dallas Morning News has filed a motion asking a court to open records relating to what happened at Waco. The Post-Dispatch plans to join in that motion today…. It will be up to U.S. District Judge Walter Smith Jr., who is presiding over the trial, to determine how much of the information, if any, can become public. The government wants much of the information to be treated as confidential. Justice Department lawyers have argued that the bombing of the federal building in Oklahoma City on April 19, 1995, is an example of the kind of retribution government workers face because of Waco….. Under an order Judge Smith issued in October, Caddell is prohibited from disclosing what was said during the interviews. Additionally, many documents that the government has turned over to the plaintiffs have been stamped "confidential" or "attorney's eyes only," meaning that they cannot be made public. Under the court order, the plaintiffs can challenge the "confidential" designations, and Caddell has done so. He has also suggested disclosing the information from the documents and the interviews with the names of witnesses and identifying characteristics blacked out……"

St. Louis Post-Dispatch 12/29/99 Terry Ganey "…. The Dallas Morning News' motion said the government's wholesale designation of the records as confidential amounted to an attempt to persuade the judge to enter a "blanket ruling that would shroud an indeterminate amount of government documents in secrecy." The newspaper said that approach ran counter to the concept of open courts, public trials and "unnecessarily impedes the public's ability to gain a greater understanding about the Branch Davidian raid." In documents to be filed in Waco today, the Post-Dispatch will seek to intervene in the case to oppose the government. The Post-Dispatch said the effect of the government's confidential designations is to deprive U.S. citizens with access to numerous documents of significant public interest. The Post-Dispatch also said the safety of government agents can be maintained by blacking out personal identifying information in those cases where the government makes a good cause showing that disclosure of a particular person or class of people would potentially endanger them……"

St. Louis Post-Dispatch 12/29/99 Terry Ganey "…. Caddell said that while he could not discuss the specifics of what was said in the interviews, he could say he heard no credible explanation for the flashes on the infrared film. "The one thing that came through loud and clear was that no one has ever seen flashes like this on an FBI FLIR (forward looking infrared) before," Caddell said.. . "Prior to the depositions, I had personally discounted the possibility that there was any active Delta force involvement on April 19," Caddell said. "Following the depositions, I believe that is a very real possibility. I don't mean by that I think there was a squad of Delta Force operators assigned to take out David Koresh. But I think it's entirely possible that a very small number, perhaps only one or two, actively participated in the assault." …. Active involvement by the Army's Delta Force would violate a federal law prohibiting military involvement in civilian matters without special presidential approval…. "There were 730 people involved at Waco on April 19," an investigator said. "A whole cross section is being interviewed. The investigation is like an onion. You just keep peeling back the layers." …."

St. Louis Post Dispatch 12/17/99 Terry Ganey "…. Special counsel John Danforth asked a federal judge in Waco, Texas, on Thursday for temporary custody of more evidence from the 1993 government siege on the Branch Davidian complex that resulted in the death of more than 80 people. Danforth's office sent the court a request for shell casings, test fired bullets and inspection reports on tanks…. Specifically the request seeks: * 28 brass shell casings. * Texas Ranger reports on tests of ammunition fired from weapons used by agents of the Bureau of Alcohol, Tobacco and Firearms. * An investigative report and photos dated May 13, 1993, on "tank type vehicles." * Copies of Texas Ranger investigative reports on the Branch Davidians. * 36 test-fired bullets and shell casings from specific weapons, including Colt AR15s, semi-automatic rifles and Remington .308 caliber sniper rifles. The request is apparently aimed at helping Danforth to determine which agents' weapons were fired during the siege….."

St. Louis Post Dispatch 12/17/99 Terry Ganey "…. While Danforth asked for the additional evidence, lawyers for the Branch Davidians were in Washington on Thursday questioning government witnesses under strict rules of secrecy. In addition, investigators for the House Government Reform Committee have been interrogating many of the same witnesses, who have also been interviewed by Danforth's investigators….."

The NY Times by Assoc. Press 12/30/99 "….FBI negotiators and behavior experts told the Justice Department that tactical mistakes during the first weeks of the Branch Davidian siege doomed negotiations, according to a published report Thursday. Their comments, detailed in previously undisclosed Justice Department memos obtained by The Dallas Morning News, faulted the FBI's reliance on punitive paramilitary actions, saying they doomed efforts to coax out more Davidians. An FBI behavioral profiler said in a Justice Department interview that he warned early ``that they should not send in the tanks, because if they did so, children would die and the FBI would be blamed EVEN IF THEY WERE NOT RESPONSIBLE.'' ``The outcome would have been different if the negotiation approach had been used. More people would have come out, even if Koresh and his core never did,'' said Pete Smerick, now retired. One of his memos during the siege warned that strong force would ``draw David Koresh and his followers closer together in the `bunker mentality' and they would rather die than surrender.''The depth and detail of such criticisms, collected in the Justice Department's 1993 review of the Waco confrontation, were absent from the massive report on the siege….."

FOX NEWS AP 12/31/99 "…."The negotiators' approach was working until they had the rug pulled out from under them" by aggressive tactical actions, a Justice Department investigator was told in August 1993 by Agent Gary Noesner, FBI negotiation coordinator for the siege's first half. The agent who replaced Noesner, Clint Van Zandt, said the negotiators' position was "akin to sitting on the bow of the Titanic and watching the iceberg approach," the newspaper reported in Thursday's editions. The depth of such criticisms, collected during the Justice Department's 1993 review of the Waco confrontation, was absent from the department's massive report on the siege. ….. "

Dallas Morning News 12/31/99 Lee Hancock "….Even the Dalai Lama got caught up in the Branch Davidian standoff. During the FBI's efforts in 1993 to force sect members to surrender, agents used loudspeakers to blast loud music and other ear-splitting noises into the compound. FBI commanders said that nonstop nightly Nancy Sinatra songs, shrieks of dying rabbits, Christmas carols and Tibetan monk chants would increase the Branch Davidians' discomfort and sleep deprivation. But FBI behaviorists, in recently disclosed confidential memos, argued that the noise broadcasts that began March 22 would backfire with such a committed religious group. Fredrick Lanceley, a retired FBI negotiator who was at Waco, said in 1993 that negotiators warned "they knew of no situation where this ever worked or where the FBI had ever failed to look bad in the media for doing this." Blaring sacred Buddhist chants - brought in by an FBI official whose wife got the recording at a museum where she volunteered - was particularly offensive, he and other negotiators said. …… Intervention from FBI Director William Sessions, prompted by a letter of complaint from the Dalai Lama, Tibet's exiled spiritual leader, finally silenced the chant broadcasts, FBI records indicate. Other broadcasts continued….."

Access Waco 12/16/99 Tommy Witherspoon "…..Parties in the lawsuit have been taking depositions in Washington, D.C., for the past several days. However, a roadblock of sorts has been put up by government attorneys, who have asked U.S. District Judge Walter S. Smith Jr. of Waco for a protective order to prevent plaintiff's attorneys from asking certain personal identifying information of federal employees. "The grounds for the motion are that the information sought exposes those federal employees to an unnecessary risk of harassment and threats of physical harm and is neither relevant to the issues in the litigation nor designed to lead to discoverable information," according to a motion filed by government attorneys. ….. "The U.S. has unnecessarily cloaked much of the discovery process in secrecy: it over designates documents as confidential; it refuses to identify Delta Force members or to produce them for oral depositions; it refuses to provide information about the FLIR (infrared) camera; and it has a 'slow boat,' incomplete approach to document production," Caddell claims. ….."

Dallas Morning News 12/31/99 "….Negotiations coordinator Gary Noesner told the Justice Department in 1993 the "aggressive tactical actions" of the FBI "pulled the rug out from under" those seeking a peaceful resolution. FBI officials disagree with the conclusions of Mr. Noesner and others who opposed the agency's apparent desire to intimidate and anger Mr. Koresh. Other elements in the confidential memos and internal documents should unsettle Americans, too:

* FBI Director William Sessions had fears about using tanks, but his orders not to send them close to the compound went unheeded.

* The FBI did not consult negotiators before tanks moved in to smash the walls of the Branch Davidian compound and discharge gas.

* The FBI ignored the negotiating team's warning that escalating pressure would lend credence to Mr. Koresh's doomsday prophecies and create a bunker mentality among his followers.

Dallas Morning News 12/31/99 "…. And these questions still need answers: … * Why did FBI officials at the site feel they could ignore the orders of FBI Director Sessions regarding the use of tanks? …."

 

Arkansas Democrat-Gazette1/10/00 "..... IT WENT barely noticed over the New Year's weekend--more damning information about Waco was squeezed from the feds. Several memos from files in the Justice Department detailed the misgivings and outright objections to that blood-stained operation from various psychological experts. They'd counseled against the military approach all along, and added that they believed those in charge derailed negotiations with the Branch Davidians. The result: Those in the compound sank ever deeper into their bunker mentality and quit negotiating on their end, too. With that, the final, violent confrontation became inevitable. It doesn't help matters that all this was left out of the official report on Waco. Sanitizing the truth may have seemed like a good idea to the usual bureaucrats, but as a strategy for the long term, it's always a disaster. Massacre will out. Each time more information oozes out about Waco, it contradicts what the American people were first told....."

Dallas News 1/21/2000 Lee Hancock "…. Depositions of two U.S. Army Delta Force technicians offer the first detailed public accounts of the secret unit's role in the 1993 Branch Davidian siege. The special forces soldiers testified that their primary mission was helping the FBI use sophisticated surveillance gear from their unit and that they had no direct knowledge that any Delta Force personnel participated in the FBI assault that ended the standoff. …. "I don't believe there would have been other personnel from my organization there without my knowing it," the sergeant said. Despite allegations from the Branch Davidians' lawyers that FBI agents shot into the compound during their final assault, the soldier said he had no direct knowledge of that. The two soldiers who were deposed last month testified behind screens and said their unit was so secretive that they could not divulge its name and or its commanders. Even plaintiffs' lawyers have not been provided the identities of the special operations soldiers involved in the siege…… The Branch Davidians' lawyers say the role of Delta Force personnel in the final FBI operation remains unclear, in part because a Delta Force combat arms specialist in Waco at the time wasn't seen by fellow special forces soldiers until hours after the assault. The Delta Force electronics technician deposed last month testified that he did not recall anything about the combat expert's whereabouts. A second soldier, a now-retired radio technician, testified that the man showed up red-eyed, tired and somewhat disheveled several hours after the compound fire. The radioman, who now works as a government contractor, said the combat sergeant reported getting drunk the night before, oversleeping and missing everything…… But Defense Department documents indicate that the soldiers sent to Waco were from Special Forces Operational Detachment-Delta, the U.S. military's elite counterterrorism combat team known as Delta Force. …… Asked, "What interaction was there between these observers and the HRT command structure?" the electronics technician replied: "We were largely ignored." The soldiers testified that they were among 10 members of their unit who rotated in and out of Waco beginning March 2, just after the standoff began…….. The two soldiers acknowledged that one sergeant sent in initially and a sergeant there at the end were combat arms specialists……. "

Mountain Media 1/23/2000 Vin Suprynowicz "…. On the evening of Feb. 28, three Branch Davidians who had not been present for the initial BATF raid and shoot-out attempted to get home to their wives and children in the Mount Carmel church. They were intercepted and fired upon by 17 agents "dressed as trees." Two were captured, but Michael Dean Schroeder -- not charged with any crime -- was shot seven times and killed. As the other two Davidians were led away -- after Schroeder was down -- they report hearing two final shots behind them, in quick succession. An autopsy showed Michael Dean Schroeder had two neat bullet holes immediately behind his right ear. His body was left lying in the ravine for five days……"

Mountain Media 1/23/2000 Vin Suprynowicz "…. Far from inviting an exodus and surrender, tape recordings reveal that by late March, FBI negotiators told the Davidians: "No one is authorized to come out of there for any reason. The patience of the bosses is no longer what it was. If anyone tries to come out, they will be treated in such a way that they'll be forced to retreat." Former FBI Director William Sessions wanted to fly to Waco to negotiate with David Koresh face-to-face, but the Justice Department refused to let him board his plane. Sessions' wife, Alice Sessions, explains: "The FBI did not want it negotiated. They wanted to show they could win with military type tactics; it was a paramilitary organization." ….."

Mountain Media 1/23/2000 Vin Suprynowicz "…. At 9:02 a.m. On April 19, a Branch Davidian is spotted trying to exit the building across the roof. "Falcon 2," an FBI helicopter, is seen approaching in ground-level footage. It hovers, and muzzle flashes can be seen from its port waist gun. Dr. Edward Allard, formerly of the U.S. government's Night Vision Directorate, says his analysis shows at least three, five-shot machine gun bursts. "It's indicative of a machine gun firing 600 rounds per minute," he says. "It's impossible for these to be solar flashes." Other close-range video -- not high-altitude footage -- clearly shows full-sized machine guns in cradle mounts in the waist doors of the FBI helicopters, which the government long swore were unarmed. Branch Davidians Phillip Henry and Jimmy Riddle appear to have been shot behind the building at this time. Neither had soot in their lungs of carbon monoxide in their blood -- both died before the fire. An autopsy showed half of Riddle's body torn away, which the medical examiner said could have been consistent with "an encounter with a tank tread." However, when the family re-opened Riddle's casket for a follow-up examination of his fatal bullet wounds, the evidentiary portion of his skull was missing. The widow says the local medical examiner was instructed by Texas authorities and U.S. marshals not to release his autopsy results to the family…."

Mountain Media 1/23/2000 Vin Suprynowicz "…. Viewing the government's high-altitude infrared footage of the final battle, Dr. Edward Allard, formerly of the U.S. government's Night Vision Directorate, explains: "What we have here is a tank-infantry type of operation. As the tank advances, two men have dropped out of the escape hatch. They then roll over, and as they roll over they open up with automatic gunfire. The shots occur at one-thirtieth of a second. There is absolutely nothing in nature that can cause thermal flashes to occur in a thirtieth of a second." Dr. Allard reports he stopped counting the gunshots into the dining room -- the last available escape route from the building after the fire broke out -- "after 62 individual shots." The filmmakers report Maurice Cox, a former analyst with the U.S. intelligence community, determined that for an aircraft circling at 9,000 feet to pick up rhythmic flashes at a rate of 600 per minute from "reflected sunlight" as the government claims, the reflective surfaces would have to be placed in a precise array, and the aircraft would have to be traveling at the absurd speed of Mach 1.8……"

Mountain Media 1/23/2000 Vin Suprynowicz "…. Steven Barry, a retired Special Forces sergeant, concurs: "I did talk to some Combat Applications Group guys, and they did confirm that, yes, portions of B Squadron were there pulling triggers." Most chilling of all, Sgt. Barry reports: "Their operators had penetrated the building on several occasions, and on one occasion, late April 17 or early on the 18th, they saw Koresh within six feet of them. They radioed back to the Tactical Operations Center for permission to grab him, and within minutes the word came back from the Justice Department, 'No, we already have a plan in place,' that being what happened on April 19." …."

Mountain Media 1/23/2000 Vin Suprynowicz "…. At 12:10 p.m. on April 19 the overhead FLIR footage shows at least two automatic weapons being fired into the rear of the dining room, the only remaining undamaged exit from the now-burning building. According to a Justice Department report, at least 15 people were found shot to death at this location. The FBI conducted ballistic tests which the DOJ later termed "inconclusive and rudimentary at best." "I cannot remember anything more sickening" than watching that gunfire into the building's last exit, comments Dr. Allard….."

Mountain Media 1/23/2000 Vin Suprynowicz "…. Congressional investigator March Bell says the treatment of those bodies was "very troubling. The bodies were preserved in a semi-frozen state in two trailers for the purposes of investigation. For some reason those trailers under the control of the FBI were allowed to not have any electricity running to them and the bodies deteriorated beyond the point where any sort of forensic evidence could be gathered. We were very disturbed by that." Indeed, the scene of the massacre was declared a "bio-hazard," and since the FBI had predetermined this was a mass suicide, "The FBI investigators were instructed to sift, wash, and bleach the evidence associated with the bodies, destroying much of its evidentiary value." …."

Mountain Media 1/23/2000 Vin Suprynowicz "…. The large hole in the roof of the concrete records vault where the women and children were sheltering -- the rebar bent downwards as though from an external blast -- has never been explained. Military explosives expert Brig. Gen. Benton Partin, USAF retired, says "What it tells me is that you had a demolition charge that went off on the roof." The FBI bulldozed the "bunker" to rubble. Six years later, in 1999, when Davidian attorneys were granted permission to recover the portion that might bear traces of the explosive used, that portion of the bunker ceiling was found to be missing. Gen. Partin concludes the rudimentary gunpowder possessed by the Branch Davidians would not have been capable of blowing that hole through six inches of reinforced concrete. Special Forces Sgt. Steven Barry reports the damage inside the records vault was "consistent with a shaped charge," as does retired USAF ordnance engineer Col. Jack Frost. "In military operations, it's standard procedure to do this," Barry explains, in order to reduce casualties among the attacking forces……"

Mountain Media 1/23/2000 Vin Suprynowicz "…. The FBI's White House contact during the Waco operation was presidential aide Vince Foster, who committed suicide 90 days later. His widow told the FBI that the Waco tragedy was "very high on his list of concerns." She says he told the FBI he "believed everything was his fault," though Foster also commented: "The FBI lied to me." After his suicide, the White House kept the Department of Justice and the Parks Police from reviewing Foster's files. Witnesses saw Maggie Williams -- Hillary Clinton's chief of staff -- removing Waco files from Foster's office. The staff was told "The contents of the box needed to be reviewed by the First Lady." …. Sgt. Barry of the Special Forces: "If the Special Combat Applications Group were on the ground that day actually pulling triggers, the origin of that operation would have come from the White House. It would have come from the president. Because the Special Combat Applications Group is, for all intents and purposes, the president's private army." So: The ATF, the FBI, and the Army Combat Applications Group (the "Delta Force" -- which can only have been dispatched to the scene by the special authorization of William Jefferson Clinton) stand accused of murder at Waco….."

Freeper Southack 1/22/2000 "…. Something worthy of note is that in an ordinary operation, the FBI and ATF are supposed to account for every bullet fired. That did not happen at Waco, but the "worthy" item of note is that the Texas Rangers considered the spent rounds from Horiuchi's sniper post to be "evidence" of a crime and collected, tagged, and documented such in their reports (ordinarily government spent-shell-casings, while accounted for, are NOT considered evidence of the crime at the scene). Thus, at least one Texas Ranger felt that there was evidence of a crime by the government agents…." Freeper Ol’Dan Tucker adds "….I was aware that local law enforcement were required to account for every round, but didn't know that the feds had to as well. From the accounts I've read, the Rangers behaved according to their time-honored tradition…….Have you heard the gunfire and "Bulls-eye" comment recorded on the FBI HRT "home video" from the Sierra 3 sniper position while Mt. Carmel was burning?……. http://www.geocities.com/ResearchTriangle/System/1543/f_agents/shooter.htmhttp://www.geocities.com/ResearchTriangle/System/1543/f_agents/shooter.htm This image was taken from the FBI HRT video. The camera position appears to be inside the FBI sniper post, Sierra 3. The sound of gunshots can be clearly heard. At the end of the clip there is a male voice that says something unintelligible, then then says what sounds like, "Ha-ha-ha-ha. Bulls-Eye you poor sh*t."…."

AP 1/21/2000 Michelle Mittelstadt "…. The special counsel re-investigating the government's conduct during the 1993 Branch Davidian siege asked a federal judge Friday to grant him temporary custody of tissue and bone samples. The human remains are needed ``to verify the toxicological work previously performed and stated in the autopsy reports,'' Special Counsel John Danforth's office said in a filing in federal court in Waco, Texas. The samples are in the custody of the Armed Forces Medical Examiner, which earlier tested the remains for drugs, carbon monoxide, cyanide and benzene. No traces of drugs were found in any of the bodies; while carbon monoxide, generated by fire, and cyanide, a byproduct of the massive quantities of tear gas pumped into the Davidians' compound, were found in some of the remains. This isn't the first time the special counsel has sought independent testing…… The Davidians' lawyers wrapped up a second round of depositions in Washington this week, interviewing FBI operatives who were in Waco. After a few more depositions, Davidian lawyer Michael Caddell said he hopes to depose Reno and the FBI commanders who supervised the operation in Washington and Waco. ……"

WorldNetDaily 1/13/2000 David Bresnahan "… A newspaper claim that a single photo now proves federal forces did not shoot at the Waco Branch Davidians has come under heavy criticism by a documentary producer, as well as FBI, CIA and other officials….. The article, titled "FBI photograph apparently undermines claims that government forces fired on Branch Davidians," is an effort to discredit his work, McNulty told WorldNetDaily by phone….. "The FBI surveillance photo appears to have been snapped on April 19, 1993, within seconds of the time when a flash appears on a separate infrared tape at 11:24 a.m. The Branch Davidians and their experts claim that flashes on the infrared film at that time are the muzzle blasts from the guns of government agents. The surveillance photo shows no one in the vicinity of the flash," said the Post-Dispatch article. The photo shows a military tank as it was engaged in smashing into the Mt. Carmel building. Infrared videotapes were taken from the air by helicopters. The videos are in black and white. The hotter an item, the whiter it appears in the video. Cold items appear dark. Gunfire shows up better on infrared than on normal photography. "The tank made initial passes into the building and back, before the gunfire and after the gunfire. To say without absolute certification that the photo being displayed is at a given point in time within seconds is absurd," explained McNulty to WorldNetDaily…… He also pointed out that he understands the article carefully qualified the claims, "yet the whole article comes across as a statement of fact." …."

WorldNetDaily 1/13/2000 David Bresnahan Freeper aristeides "….Also from the full article: In March 1993, there was a secret meeting at CIA headquarters dealing with CAG participation in the WACO operation, according to Gene Cullen, senior case officer, Special Operations Group of the CIA. Cullen was present at the meeting and was interviewed in the Waco documentary…….McNulty obtained previously classified documents, which are shown in the documentary. Those documents clearly indicate that CAG was authorized by the Joint Chiefs of Staff to assist in the Waco operation….."

WorldNetDaily 1/13/2000 David Bresnahan Freeper Ol’Dan Tucker "… I'm amazed that none of the media reviewers have mentioned the Somalian FLIR footage that WANR contains. It's pretty obvious what the rappelling soldiers were doing once they got to the ground in that shot and it shows remarkable similarity to the FLIR footage from Waco. That was pretty convincing for me. Then again, maybe it was pretty convincing for the DOJ and that's why we're seeing this photo now….."

APB News.com 1/14/2000 "…. The Supreme Court agreed today to review an appeal in which five Branch Davidians challenged the sentences they got for using firearms during a gun battle that began the 1993 standoff at the cult's compound near Waco, Texas….. The court said it will hear the Davidians' argument that they could not be given longer sentences for using machine guns, rather than some other kind of firearms, because a jury never decided what type of weapons were used….. The firearm law set a five-year sentence but allowed a 10-year term if the weapon was a semiautomatic firearm and a 30-year term for use of a machine gun or grenade. The jury was not asked to decide what type of firearm was used. The judge made that determination during sentencing……"

St. Louis Post Dispatch 1/14/2000 William H. Freivogel And Terry Ganey "….. Branch Davidians and FBI agents agree on at least one thing about Waco: That the Justice Department has been too slow in releasing information about the 1993 assault. The difference is that the lawyers for the Branch Davidians see a cover-up and think the information will prove that government agents fired shots at the Branch Davidians. The FBI thinks the evidence will show no shots were fired. They're worried that the reluctance of the department's lead attorney, Marie L. Hagen, to release facts in the case is playing into the hands of members of the public who suspect the worst…… "

St. Louis Post Dispatch 1/14/2000 William H. Freivogel And Terry Ganey "….. On Tuesday, the Post-Dispatch published a previously undisclosed photograph that appears to show that there were no government agents standing at the spot where the Branch Davidians claim that the government opened fire on the complex. Hagen had apparently hoped to keep the photo under wraps to use in the upcoming trial of a wrongful death civil lawsuit filed against the government by survivors of the Branch Davidians who died at Waco… Wednesday, the government quietly announced that it was reorganizing its legal team to install a U.S. attorney from Texas, J. Michael Bradford, as co-lead counsel with Hagen, a move designed to add home-grown know-how to the defense, which has been made in Washington…."

St. Louis Post Dispatch 1/14/2000 William H. Freivogel And Terry Ganey "….. At the center of these disputes is Hagen, an intense, publicity-shy career lawyer in the Torts Branch of the Civil Division of the Justice Department. Any government lawyer handling the Waco case would be subject to strident criticism…. The House Government Reform Committee staff interviewed Hagen for two days in the fall. She brought along her own lawyers to represent her…….."

St. Louis Post Dispatch 1/14/2000 William H. Freivogel And Terry Ganey "….. Hagen, a graduate of Cornell Law School, has represented the government in cases ranging from the Tailhook sexual harassment scandal to a suit involving the death of 47 sailors on the U.S. battleship Iowa in 1989. She is a mid-career prosecutor in her mid-40s and is described by an adversary as at the "top of her game" as a lawyer. Her husband served in the Navy judge advocate general's office, and she headed up the Justice Department's day-care center……. Hagen's handling of the Iowa case prompted some criticism similar to that made about her handling of Waco….. Even after the Navy officially apologized for placing the blame on Hartwig, Hagen argued that the Justice Department still thought him responsible. "It baffled my mind that she would say this in court after the Navy had apologized on national television," Brusnahan said in an interview. Magistrate Judge David Perelman criticized Hagen for holding back documents on "lessons learned" by the Navy….."

St. Louis Post Dispatch 1/14/2000 William H. Freivogel And Terry Ganey "….. Hagen was among those at the Justice Department who supervised the disclosure of documents to Congress during hearings in 1995. One document was a 49-page report that mentioned the use of military-style tear gas on the last page. The mention of the tear gas was potentially significant because the report was issued four years before the Justice Department publicly admitted the use of tear gas that could potentially cause a fire. Copies of the report that Hagen turned over were missing that last page. The omission would be evidence of an illegal cover-up if it had been intentional. But Hagen says it was not…."

St. Louis Post Dispatch 1/14/2000 William H. Freivogel And Terry Ganey "….. In 1997, lawyers for the Branch Davidians filed statements in court claiming that a 40mm pyrotechnic device had been used at Waco and had caused the fire that consumed the complex. In a memo responding to that and many other allegations, Hagen said that the claims that the government could have caused the fire were "speculation and hearsay." This was not an inaccurate statement because even now the pyrotechnic tear gas is not thought to have started the fire that destroyed the complex. But Michael Caddell, the lead lawyer for the Branch Davidians, thinks that was not a forthright reply because Hagen did not admit the existence of the pyrotechnic tear gas. He says Hagen "has tried at almost every step to delay and obstruct. She has played a lot of games in terms of the evidence. There is no question but that she views her role as the defender of the government right or wrong. This is antithetical to the role of a public servant." …"

St. Louis Post Dispatch 1/14/2000 William H. Freivogel And Terry Ganey "….. One Saturday morning last June, an angry Marie Hagen called Johnston to complain. "Ms. Hagen was extremely upset with me," he later wrote. "She demanded to know whether or not I had allowed Mike McNulty to view the Davidian evidence. ... She ended the conversation unquenched in her anger." At the end of August, the Dallas Morning News reported the use of the pyrotechnic device. Hagen turned up three memos in department files showing that an FBI agent had told Johnston in a 1993 interview that a "military gas round" had been used. Those documents contain the notations "privileged" and "do not disclose," written, sources say, in Hagen's hand. The three documents were faxed to Johnston. Some at the Justice Department saw this as simply an attempt to inform him of documents that had been unearthed. Johnston interpreted the action as a shot across the bow, warning him that he stood to be blamed for not disclosing the use of pyrotechnics because he had conducted the 1993 interview….."

St. Louis Post Dispatch 1/14/2000 William H. Freivogel And Terry Ganey "….. At a mid-October status conference, the parties were discussing a proposal by Danforth to test whether flashes seen on an infrared tape of the Branch Davidian compound area are from guns. Tom Schweich, a top Danforth aide, was representing the special counsel's office. Hagen looked down the table at Schweich and demanded, "Is the OSC litigating now?" - suggesting that Danforth had shifted from investigating to pursuing action in court. Those present say Schweich raised his hands, as in self-defense, and said no…."

St. Louis Post Dispatch 1/14/2000 William H. Freivogel And Terry Ganey "….. Federal Judge Walter S. Smith Jr., who is presiding at the Waco trial, was also put off by Hagen's conduct at the status conference, participants say. Hagen suggested a schedule that would have put off the trial to 2001. She said one reason for the delay was that Johnston had been taken off the case. That angered Smith, who is close to Johnston. "That's your problem, not mine," Smith shot back. He scheduled the trial for May…."

Associated Press 1/18/2000 "….Government attorneys failed to meet a federal judge's Tuesday deadline to turn over all evidence sought by relatives suing for wrongful death in the Branch Davidian inferno. U.S. Attorney Michael Bradford said although the government sent 50 boxes of materials to plaintiffs' attorneys over the holiday weekend, an additional 2,500 pages of documents must be declassified before being sent. He said government attorneys also must reproduce and hand over items from 31 boxes of materials, including photographs and computer disks, which were surrendered to the Waco federal court last fall at the direction of U.S. District Judge Walter Smith. A private contractor the government hired had overlooked the materials and is making copies for delivery Wednesday, Bradford said. The Justice Department had sought a two-week delay, but Smith rejected their request last week…… Lead plaintiffs' attorney Michael Caddell said last week that he had "zero sympathy" for the government's argument that it cannot meet court-imposed deadlines because it has limited resources to cull through the requested information. "There are over 9,000 lawyers in the Justice Department," he said. "They can put as many lawyers on this project as they feel appropriate. If this were something that were important to the Justice Department, they would man up and get the job done." …… "

Washington Post 1/19/2000 Lorraine Adams David Vise "… Attorneys for Branch Davidians suing the federal government over the deadly siege near Waco, Tex., say they have developed evidence that suggests a Delta Force agent may have fired on the compound, according to filings made yesterday in the case. The attorneys cited depositions of Delta Force agents taken last month in Washington and a "growing number of independent experts" who have identified gunfire from government positions on April 19, 1993, when fire engulfed the compound and 75 people perished. They also filed a motion in U.S. District Court in Waco asking the judge in the case to compel the Defense Department to answer an interrogatory it has failed to answer after repeated requests: whether Defense Department agents fired at the compound…… "There was testimony that at least three Delta Force team members were at Mt. Carmel on April 19, 1993," the filing stated. Two of the three were technicians, but a third was a combat specialist. Deposition testimony placed this agent in the back of the compound, "not visible to the media, and the side on which flashes from the ground" have been identified as gunfire by experts for the Branch Davidian plaintiffs….."

Freeper seadevil 1/18/2000 comments "…. "Delta" (that really isn't their operational title) can be "seconded" to any federal law enforcement agency by presidential directive. When that happens, they "are no longer considered active duty members of the United States armed services for the duration of this exercise as determined by the President." There are a whole lot of "contingencies" such as this one in the world behind the fence……" Freeper aristeides adds "… Interesting. You seem to confirm the claim we saw the other day that Delta Force is not part of the armed forces and is not subject to Posse Comitatus. But this sure does sound like a gutting of the Posse Comitatus Act. Did Congress ever authorize this exception? …"

NewsMax.com 2/3/2000 Carl Limbacher "….Mike McNulty, the intrepid film producer and journalist, tells NewsMax.com that the FBI may be carefully tracking journalists and others who have taken an interest in the Waco story……. Apparently the FBI is not too happy with McNulty. Last year, FBI agents showed up at the home of McNulty's children, claiming they were doing a background check on one of their neighbors. McNulty saw this a subtle form of harassment and let it be known to the FBI he didn't like the attention.

Journalists that get involved in the Waco story report to McNulty similar problems with their communications.

"Telephone lines, fax machines, answering machines, start doing strange things," McNulty said as he described what journalists have repeatedly told him. The phenomena happens so often that he calls the problems "the Waco Syndrome." …."

St Louis Post Dispatch 2/1/2000 William Freivogel Terry Ganey ".... Two new developments in John C. Danforth's investigation of the Waco siege reflect the inquiry's increasing focus on one of the four questions Danforth set out to investigate - whether government agents fired into the Branch Davidians' complex during the April 19, 1993, assault on the compound. Last week an Army commando passed a lie detector test administered by Danforth's office in which the commando said he didn't shoot or see any other government agents shoot at the complex, sources say. Meanwhile, Danforth and the FBI have asked the British military for use of a specially equipped helicopter to conduct next month's test to determine if flashes on infrared tape of the Waco siege are from government guns. .....Michael Caddell, the Houston lawyer for the Branch Davidians, said the testimony did not answer all questions, but "generally closed the door" on the investigation of military involvement. .......Increasingly, the attention of investigators is turning to next month's test to determine if gunfire shows up as flashes on infrared tape. Johnny Hodgkins, a spokesman for the British Ministry of Defense, said Monday that the ministry was reviewing Danforth's request for the use of a Lynx helicopter equipped with a forward-looking infrared (FLIR) system. The helicopter, which normally flies off the back of Royal Navy ships, is equipped with a GEC Marconi system similar to that used by the FBI in a surveillance airplane that flew over the Branch Davidian complex. Paul Beaver, an analyst for Jane's Information Group in London, said he believed the government would be willing to lend the system if transportation could be arranged. Beaver, who appeared on a CBS "60 Minutes II" program last week, said the flashes on the FBI tapes looked like gunfire to him. ....."

 

AP 2/2/2000 "….The Justice Department wants a federal judge to throw out a key part of the wrongful-death lawsuit against the government over the 1993 raid on the Branch Davidian complex near Waco, Texas. Meantime, Davidian lawyers are seeking to reinstate as defendants two of the FBI's on-scene commanders. And FBI sharpshooter Lon Horiuchi, who is the only named defendant remaining in the civil lawsuit filed by Davidian survivors and relatives, sought Wednesday to be removed from the case, which heads to trial in mid-May. In their filing in federal court in Waco, lawyers for Horiuchi, who was in charge of a sniper post outside the Davidians' compound, said there is not a "shred of evidence" that he fired his weapon during the siege's final hours on April 19, 1993…… In their motion Wednesday, the Davidians sought to reinstate as defendants two FBI supervisors at Waco _ Jamar and Richard Rogers _ saying their orders to use military tanks to crash into the compound weren't in the operations plan approved by Reno. "These two cowboys went out on their own because they were frustrated and angry at David Koresh and they decided they were going to punish him," Davidians lawyer Michael Caddell said. …."

The Dallas Morning News 2/3/2000 Lee Hancock "… Lawyers for the sect have conceded that the agent [Horiuchi] will probably be dismissed, despite recent revelations about evidence that could support the gunfire claim. Texas Rangers issued a report last fall that described how a dozen spent .308 shell casings had been found after the incident in the house where Agent Horiuchi was stationed. The house had been used earlier by snipers from the Bureau of Alcohol, Tobacco and Firearms during the raid that began the standoff, and federal officials have argued that the shell casings came from ATF guns. The office of special counsel John Danforth is performing forensic tests to determine which agency's guns were used. ….."

The Dallas Morning News 2/3/2000 Lee Hancock "…In Wednesday's pleading, the sect's lawyers contended that Agents Jamar and Rogers should be reinstated as defendants because they not only violated federal policy but the sect's constitutional rights. The plaintiff's brief argued those violations stripped the two men of normal federal legal protections that severely limit civil lawsuits against federal officials and agencies. "The problem that the FBI has with calling use of the tanks to destroy the building a judgment call: Those commanders didn't have the authority to make that call. The attorney general of the United States approved a plan, and that plan could not have been clearer: Don't even consider demolishing the building until you've gassed for 48 hours," lead sect lawyer Mike Caddell said. "Instead, these two cowboys Jamar and Rogers, went off on their own without authorization, thumbed their noses at the AG's plan and said, 'We know better than you,' " he said……"

The Dallas Morning News 2/3/2000 Lee Hancock "… Mr. Caddell's motion focused on the commanders' decision to send in tanks to demolish the rear of the Branch Davidian compound. He cited statements by senior FBI negotiators and other behavioral experts who had explicitly warned prior to the assault that sending in tanks guaranteed a violent response and massive loss of life. He also cited detailed internal agency reports and congressional testimony in which senior FBI and Justice Department officials said demolishing the building was thought too risky to consider in the early stages of the tear-gas operation. He noted that Deputy FBI Director Floyd Clark told Congress a month after the fire that officials had ruled out the idea of using tanks to "systematically dismantle the building." ……. The motion alleges that Agent Rogers later tried to "cover up" violating the decision of his superiors in Washington by telling Congress and the public that the tanks had only tried "to clear a pathway" for spraying in more gas.

But internal FBI documents show that Agent Rogers and his lieutenants told bureau leaders that the tanks were on a demolition operation. A proposal in which he and his lieutenants unsuccessfully lobbied for plaques, medals and cash awards for the hostage rescue team specifically praised two tank drivers for courage in carrying out their "mission of slowly and methodically beginning the dismantling" of the rear area of the compound. …."


Dallas Morning News 2/2/2000 Lee Hancock "…. Arguing that the U.S. government can't be sued even if its agents' judgment calls prove negligent, Justice Department lawyers asked a Waco federal judge Tuesday to throw out two key charges in the Branch Davidians' wrongful-death lawsuit. The Justice Department's pleading argues that strict federal limits on how and when the government can be sued should prevent the court from considering whether authorities contributed to the 1993 tragedy by ordering tanks to demolish the sect's building and refusing to let fire trucks approach after it caught fire. ….. Government lawyers argued Tuesday that most of the FBI's actions during the April 19, 1993, tear-gas assault are immune because they involve judgment calls protected under a legal doctrine known as the "discretionary function." ……. FBI commanders in Waco concluded shortly afterward that the gassing was not working, federal records indicate. Saying he had expected complete surrender within an hour, hostage rescue team commander Dick Rogers persuaded FBI commander Jeff Jamar to allow tanks to penetrate the building's interior, Justice Department records indicate. But even that decision can't be challenged under federal law, Justice Department lawyers argued Tuesday. Nor can the failure to obtain adequate fire equipment before the tear-gas operation or the decision by Mr. Jamar to keep local fire trucks away for more than 40 minutes after the fire began, government lawyers argued. Mr. Jamar later said that the Branch Davidians had been firing that day at the FBI's tanks and that he feared that fire trucks would be shot at, too. Some officials had warned of the risk of fire, noting the sect's repeated references to it, including a sign hung just before April 19 that read "flames await." Federal records indicate that one official in Waco explicitly voiced those fears in mid-April. After the blaze began, Army records indicate, officials in Waco frantically called Fort Hood to ask how quickly airborne water scoops used to dump water on forest fires could be flown in. A military log indicated those calls were quickly followed by grim casualty reports……."

Freeper Dave Wright 1/25/2000 on the 60 Minutes segment "….Just a technical note. IR images detect the sum of two sources of radiation from the source, emissive and radiant energy. The emissivity of an object is its capacity to transfer heat to the environment while its radiance is its ability to reflect heat from some other source, usually the sun. This is why most worthwhile IR film is only shot at night when the radiance contribution is nearly zero and can't confuse the sensors in the camera. The problem with the FBIs reflection theory is that the geometric model of the area wrt the sun could not reproduce the rapid, regular bursts of energy seen on the film repeated at the same location as the plane moves. There is no way that glint would repeat in the same location. It would rise, peak, and decay as the plane moved in relation to the reflector and the sun position. BTW water has very low reflectivity so if someone suggests that the glint was from a puddle they are blowing smoke. The only other possible explanation would be some kind of sensor noise possibly from saturation of the chip or a gain normalization error. The problem with this explanation is that it fails to account for the two black forms that roll from beneath the CRV and open fire on the bunker area as clearly shown on the latest Waco tape, New Revelations. The cooler bodies mask the warmer ground adjacent to the tank. Then rapid bursts emanate from the front location of the black forms. The possibility of this type of coincidence being explained by random noise events in the IR sensor is so remote that even Janet Reno would have to confess if confronted with it…."

AP 1/25/2000 Susan Parrott "….The federal prosecutor who warned Attorney General Janet Reno of a possible government cover-up after the 1993 Branch Davidian siege resigned Tuesday. Assistant U.S. Attorney Bill Johnston, whose willingness to re-examine evidence from the deadly standoff touched off a re-investigation of the government's actions, handed in his resignation to his boss, U.S. Attorney James Blagg in San Antonio. Johnston, 40, acknowledged mounting frustration with Justice officials, whom he called ``less than forthright.'' And he said his job had been awkward ever since he wrote Reno last August…… Johnston's tension with his superiors was heightened in August, when he wrote Reno that government lawyers had known for years about the use of pyrotechnic tear-gas canisters, which were fired hours before the Davidians' compound erupted in flames. Ten days after he wrote the letter, Johnston was abruptly pulled from the case, as was Blagg's entire office….. ``I wasn't going to be a party to misleading the American public about this issue, when I full well knew the import of it,'' Johnston told CBS' ''60 Minutes II'' in an interview airing Tuesday night. ``We cannot hide the ball, in criminal or civil cases, and feel good about it.'' ….``We're sorry that there doesn't seem to be a place for good, hardworking, honest public servants like Bill Johnston in this Justice Department,'' said Mark Corallo, a spokesman for House Government Reform Committee Chairman Dan Burton, R-Ind., who has been critical of Reno and the Justice Department….."

Dallas Morning News Via Drudge 1/31/2000 Lee Hancock "…. The Waco special counsel, responding to questions about a Delta Force commando's whereabouts at the end of the Branch Davidian siege, used a polygraph on him last week to confirm that he wasn't actively involved in the FBI's assault on the sect's compound, officials said…… So the commando questioned last week was subjected to particularly intense scrutiny. He was questioned closely about the testimony of a Delta colleague, an electronics specialist who said the commando showed up hours after the Waco fire, looked hungover, and announced he had gotten so drunk the night before that he overslept and missed everything. The remaining Delta Force soldier known to have been in Waco on April 19, also an electronics technician, said in a separate December deposition that he did not recall whether he saw the commando on that day……. He said he did not have a gun, never got closer than the command post and did not recall seeing the other Delta soldiers on the 19th, officials said. Those two men testified earlier that they were in the same area but never saw the commando. The commando recalled that he went to lunch and returned to see the compound in flames, said officials present at his interviews. The commando said he could not remember names of anyone he met and never advised the FBI's hostage rescue team during his three weeks in Waco…… The soldier and his two colleagues each said they filed no written report to document what they saw at the end of the siege, officials said. In contrast, Defense Department records indicate that earlier teams of Delta soldiers had filed detailed reports. ….."

BQ's View 1/28/2000 Blanquita Cullum "…. ... What was Delta Force doing at Waco? ... They were "having a picnic," according to Mike McNulty, producer of two documentaries on Waco ... "Picnic", in this context, means "go in, kick butt, take names, kill people, go home, clean your gun and have a beer" ... ... Delta Force operatives shot at the Branch Davidian compound, but the U.S. Military has a hard time admitting it ... You'll see for yourself in the incredible new video, "Waco, a New Revelation" ... ... The evidence is there ... Two Delta Force technicians have been talking about what they were doing at Waco, and the U.S. Military has tried to make it appear to be a limited role, and that they were just kind of there watching ... Three operatives were verified in documentation from Delta Force itself ... Then the number grew to 10 or 12 when additional reports came in from sources within Delta Force, the CIA and Congressional investigators ... ... McNulty referred to the statement on Waco that was just published, that said that no one from the FBI or under their control was shooting at the Branch Davidians ... McNulty thinks that's plausible ... But statements from the Defense Dept. are something else again ... The Defense Dept. said that as good as its information is at this time it does not believe that anyone was firing from the military ... A caveat ... A big caveat ... They can change their minds later if they get new information ... If they get caught on the video firing weapons into the back of the Branch Davidian compound, then that's okay ... They have a way out in saying, oh well, this is new information, so therefore we fess up ... ... McNulty said he fully expects that when tests are done in March, recreating the flair circumstances, they will indicate that the flashes seen in the infrared video made April 19 were gunfire ... ... Copies have been sent to the Danforth investigative team, and they've responded with visits ... ... The recent "60 Minutes" presentation was an interesting development ... For the first time in television history, our friends at CBS, of all people, brought forth the truth about the flashes on the infrared video being gunfire ... "

Dallas Morning News 1/28/2000 Lee Hancock "….The Waco special counsel's office asked a federal judge Thursday for permission to perform independent testing on tape recordings made from FBI surveillance devices on the crucial last day of the 1993 Branch Davidian siege. The tests could help resolve whether the tapes now being held by the federal court in Waco are originals or altered copies -- a concern raised last year by a recording expert hired by lawyers for the sect. An independent analysis also might help address the question of what could be heard as the devices broadcast to an FBI command post on April 19, 1993, the day that the Branch Davidian compound near Waco burned with leader David Koresh and more than 80 followers inside. One FBI agent who helped monitor the bugs said in a deposition last month that little or nothing could be discerned from the surveillance devices during the last hours of the siege because of poor transmission quality and background noise. But a retired Army colonel who was in the FBI's command post as a military liaison that day told The Dallas Morning News last fall that he clearly heard voices of Davidians being broadcast by the bugs, including discussions in which the sect members talked about spreading fuel and setting fires. The former colonel, Rodney Rawlings of Austin, was questioned last November by the independent counsel's office and has also been interviewed by congressional investigators……"

Dallas Morning News 1/28/2000 Lee Hancock "….the federal prosecutor who directed the criminal trial of surviving Branch Davidians told Congress in 1995 that he could clearly hear those conversations the first time he listened to the raw, original tapes. The FBI commander who oversaw the operation told Congress that he would have stopped the FBI's assault of the compound with tanks and tear gas if he had known about the sect's talk of spreading fuel and other preparations for setting a fire…….. Government lawyers told the court that the surveillance tapes sent to Waco from FBI headquarters were originals. But a former U.S. Secret Service scientist hired by lawyers for the Davidians began examining those recordings in Waco late last year and issued a preliminary finding that the surveillance tapes from April 19 did not appear to be originals. Mike Caddell, lead lawyer for the sect, said the expert found evidence that the tapes from that day were recorded in stereo, while bugging devices typically used by U.S. police agencies transmit their signals in a single monaural or ``mono'' channel. He said the expert also found suspicious signs of cutouts or editing on some of the tapes……"

Dallas Morning News 1/29/2000 Lee Hancock "..... A British military expert said Friday that infrared cameras identical to those used by the FBI in the Branch Davidian siege have been used regularly by British military forces to identify and record gunfire. His comments came as U.S. officials were completing negotiations for the use of a British Royal Navy helicopter and infrared camera for a test in Texas aimed at determining whether government agents fired guns at the Branch Davidian compound on April 19, 1993. Paul Beaver, a former military pilot who is now an analyst and spokesman for Jane's Information Group, said he has participated in British military operations in which such airborne forward-looking-infrared or FLIR cameras detected and recorded distinctive flashes or thermal signatures of gunfire. "We were doing similar operations in Northern Ireland. You're looking for just that," said Mr. Beaver, who has worked extensively with infrared technology during a 10-year military career and two decades as a defense analyst and writer for Jane's. The British company is among the world's leading authorities on military technology. "I have personally been in a situation where I've seen gunfire, using the GEC-Marconi system," he said. "In a firefight situation, it's very, very useful to detect where the enemy is." ....."

Dallas Morning News 1/29/2000 Lee Hancock "..... FBI officials have refused to reveal the make or manufacturer of the airborne infrared camera used at the Branch Davidian compound during the siege. They have said the information is classified because even the most general details about their infrared surveillance systems could compromise U.S. law enforcement operations. But independent infrared experts have identified the FBI's Waco camera as a GEC-Marconi made by a British defense firm. Officials confirmed earlier this month that assistants to Waco special counsel John Danforth traveled to London earlier this month with FBI lawyers to negotiate for the use of a military camera for the court-supervised field test......."

Dallas Morning News 1/29/2000 Lee Hancock "..... But Mike Caddell, an attorney for the sect, said Friday that a camera "identical in all material respects to the FBI's 1993 FLIR" has been located for the test. He declined to say where the camera has been located but confirmed that it is mounted on a military helicopter that a foreign government has agreed to lend the United States in March....... Mr. Beaver said he learned earlier this week from British defense ministry officials that the camera is mounted on a Royal Navy helicopter, and the British government has indicated its willingness to lend the aircraft and its crew to U.S. officials. The aircraft does not have the range needed for the trans-Atlantic flight and would have to be transported in a cargo plane. "They have put a request in to the U.K. government," he said. "It could be easily sent over on one of your military cargo planes." ....."

Dallas Morning News 1/29/2000 Lee Hancock "..... Those experts and the FBI's FLIR operators have said they believe that the flashes that appear on the bureau's infrared videotape from April 19 were caused by electronic glitches in the camera or by the "glint" of sunlight reflecting off ground debris. But former U.S. Defense Department scientists hired by the Branch Davidians' lawyers and some independent analysts have said that the repeated, rhythmic flashes on the video could only have been caused by gunfire. A scientist retained by the House Government Reform Committee echoed that assessment last fall. And lawyers for the sect have noted that the FBI's agents most experienced in infrared operations have said in recent depositions that they have never seen anything like the flashes recorded by their camera on the last day of the siege. Justice Department officials initially tried to convince Judge Smith that it would be impossible to conduct a scientifically valid field test to determine whether gunfire could have caused the flashes......"

Dallas Morning News 1/29/2000 Lee Hancock "..... They and FBI officials said the Waco camera was one of a kind and had been altered and upgraded after 1993. But after December negotiations, the special counsel's office announced that it had learned from the camera's manufacturer that identical cameras were still being used by a foreign government....... Mr. Beaver examined excerpts from the April 19 video for the CBS News program 60 Minutes II and concluded that the flashes on it were from gunfire....... Some analysts say that bursts of automatic fire from those weapons would be particularly prone to show up well on infrared recordings because their short barrels produce a far longer blast than other assault weapons such as M-16s. "It's quite straightforward. It's shooting," Mr. Beaver said of the rhythmic flashes on the FBI's April 19 infrared video. He disputed arguments by FBI officials and some government-retained experts that the flashes could not be gunfire because no thermal images of gunmen were visible. FBI officials have said their agents wore only fire-retardant Nomex flight suits during the tank attack. But Mr. Beaver said that gunmen would be hard to detect with infrared cameras if they were wearing Kevlar, a protective fabric commonly used in police and military body armor. "They've also got kits [clothing] so they don't stand out. If they thought the Davidians had thermal imaging capabilities, they would have some sort of protection against detection," he said. "We're talking about some very sophisticated law enforcement." ....."

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... Henry S. McMahon Jr. and Karen Kilpatrick sold 223 weapons to David Koresh, the Branch Davidian leader whose compound was consumed by flames in a government assault....... McMahon and Kilpatrick were never charged with a crime. But they say the government has made their lives miserable through threats and intimidation. The botched raid on the Branch Davidians and its tragic consequences have made the gun dealers pariahs, they say. They are unable to hold jobs and survive on disability pay from the government. ..... Before the government's tragic siege at Waco, Kilpatrick sometimes changed the childrens' diapers during visits to the complex. McMahon, her companion and business partner, still has a Bible filled with handwritten margin notes taken during Koresh's religious talks. He sat through Koresh's marathon Bible studies for only one reason. "I was there to sell David a gun," McMahon said....... The two say the ATF irreparably damaged their reputation in the gun trade and terrorized them in the days immediately following the raid. Dogged by questions about their involvement with Koresh, they say they have been unable to hold steady jobs ever since. They live on Social Security disability payments in a small apartment in this Idaho panhandle town of 2,193, a 30-minute drive from the Canadian border. ...... On July 30, 1992, two ATF agents, Jimmy Ray Skinner and Davy L. Aguilera, visited McMahon's business. Koresh had come under suspicion because of shipments of gun parts and explosives to the complex. McMahon was not under investigation at that time. When the agents asked McMahon why Koresh was buying so many guns, McMahon replied that Koresh was an investor. McMahon said that while the agents were with him, he called Koresh on the telephone. Koresh invited the agents out to the complex to inspect what he had, but they turned down the offer, McMahon said. ..... The following month, the ATF informed McMahon that he would owe an eight percent excise tax on the guns he sold through the arrangement with Koresh. McMahon said that prompted him to cancel the deal. He said they had sold no more than seven weapons together...... The day after the raid, McMahon and Kilpatrick called the ATF office in Pensacola and explained their relationship to Koresh. They said agents told them to avoid talking to either the media or the FBI. By that time, the FBI had taken over the siege of the complex. The press, tipped off about McMahon and Kilpatrick, besieged the couple's Pensacola home.

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... The reason for the trip is unclear and the ATF has never explained it. McMahon and Kilpatrick had knowledge of Koresh's operations, but they never knew whether they were being treated as cooperating witnesses or suspects. McMahon now says he went along with the idea because he was scared. He said ATF agents told him the Branch Davidians might try to kill him and Kilpatrick....... McMahon also could have revealed that the ATF could have had a nonviolent inspection of the guns about eight months before the raid, when Koresh invited them to his compound. At the time that McMahon and Kilpatrick were placed in hiding in Oregon, the ATF was trying to cover up the agency's handling of the raid. Two raid commanders, Phillip Chojnacki and Chuck Sarabyn, tried to conceal the fact that ATF agents had lost the element of surprise and that the commanders went ahead with the raid. They denied being told that Koresh had been tipped off. The ATF's top management then lied to the public, saying the agency was unaware the element of surprise had been lost before the raid......"

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... Kilpatrick and McMahon returned to Pensacola, but there was no job waiting for them. McCaa, the owner of the Gulf Breeze Pistol Parlor, said his lawyer had advised him to no longer employ the pair. I was scared," McCaa said. "I didn't want any repercussions from it. Why create an adverse relationship with the ATF?" McCaa said that while the ATF made some mistakes, he doesn't believe McMahon and Kilpatrick were mistreated. McCaa said that before the ATF had begun its investigation of Koresh, McCaa had advised McMahon to tell the ATF that Koresh was buying large numbers of weapons. (McMahon denies this happened.) "It's not that there was anything illegal, but it's just the sheer volume," McCaa said. "It's going to protect your tail with the ATF."....."

THE LIBERTARIAN 1/2000 Vin Suprynowicz "..... The documentary is not strident. If anything, the new evidence is piled up in such a measured and matter-of-fact way -- superposed with the sneering denials of FBI spokesmen and apologists like U.S. Rep. (now Sen.) Charles Schumer -- that its full impact may not register without a second viewing. But at that point, any thoughtful viewer of conscience must wonder how willfully the Congress and populace of this country must WANT to ignore the truth, to be able to close their eyes to facts like the following:

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... On the evening of Feb. 28, three Branch Davidians who had not been present for the initial BATF raid and shoot-out attempted to get home to their wives and children in the Mount Carmel church. They were intercepted and fired upon by 17 agents "dressed as trees." Two were captured, but Michael Dean Schroeder -- not charged with any crime was shot seven times and killed. As the other two Davidians were led away - after Schroeder was down -- they report hearing two final shots behind them, in quick succession. An autopsy showed Michael Dean Schroeder had two neat bullet holes immediately behind his right ear. His body was left lying in the ravine for five days......"

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... Far from inviting an exodus and surrender, tape recordings reveal that by late March, FBI negotiators told the Davidians: "No one is authorized to come out of there for any reason. The patience of the bosses is no longer what it was. If anyone tries to come out, they will be treated in such a way that they'll be forced to retreat." ...... Former FBI Director William Sessions wanted to fly to Waco to negotiate with David Koresh face-to-face, but the Justice Department refused to let him board his plane. Sessions' wife, Alice Sessions, explains: "The FBI did not want it negotiated. They wanted to show they could win with military type tactics; it was a paramilitary organization."....."

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... When the final government attack with toxic and disabling CS gas finally began early on the morning of April 19, the buried school bus was gassed first, forcing the women and children to retreat to the reinforced concrete records vault, which the FBI referred to as "the bunker." Gas was then pumped into the bunker, which had no ventilation, for two hours. Rep. John Mica, R-Fla., tells Congress: "At the very least that resulted in the babies and children being tortured for at least three to four hours."

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... At 9:02 a.m. On April 19, a Branch Davidian is spotted trying to exit the building across the roof. "Falcon 2," an FBI helicopter, is seen approaching in ground-level footage. It hovers, and muzzle flashes can be seen from its port waist gun. Dr. Edward Allard, formerly of the U.S. government's Night Vision Directorate, says his analysis shows at least three, five-shot machine gun bursts. "It's indicative of a machine gun firing 600 rounds per minute," he says. "It's impossible for these to be solar flashes." Other close-range video -- not high-altitude footage - clearly shows full-sized machine guns in cradle mounts in the waist doors of the FBI helicopters, which the government long swore were unarmed. ......"

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... Branch Davidians Phillip Henry and Jimmy Riddle appear to have been shot behind the building at this time. Neither had soot in their lungs or carbon monoxide in their blood - both died before the fire. An autopsy showed half of Riddle's body torn away, which the medical examiner said could have been consistent with "an encounter with a tank tread." However, when the family re-opened Riddle's casket for a follow-up examination of his fatal bullet wounds, the evidentiary portion of his skull was missing. The widow says the local medical examiner was instructed by Texas authorities and U.S. marshals not to release his autopsy results to the family. ....."

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... The filmmakers report Maurice Cox, a former analyst with the U.S. intelligence community, determined that for an aircraft circling at 9,000 feet to pick up rhythmic flashes at a rate of 600 per minute from "reflected sunlight" as the government claims, the reflective surfaces would have to be placed in a precise array, and the aircraft would have to be traveling at the absurd speed of Mach 1.8. ....."

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... Meantime, ground level footage -- not distant aerial shots -clearly show men in Kevlar army helmets firing projectiles from an M-79 grenade launcher into the church's storm shelter the morning of the final assault. Seconds later, white smoke pours from the shelter.

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... Although the government has consistently denied the Army's Combat Applications Force -- the "Delta Force" - was present at Waco, previously classified Army documents reveal that four Delta Force "observers" were deployed to Waco on March 21. Gene Cullen, a senior case officer with the CIA's Special Forces Group, reports on camera he was "initially told they would just be observers. But at (an April 14) CIA briefing, we were told there were more than 10, and that they would be actively participating" in the April 19 attack. March Bell, who headed the staff of the last congressional investigation into Waco, tells the filmmakers: "They were in the tanks and the sniper posts. They were not giving advice back in some conference room - they were working shoulder to shoulder with the (FBI's) Hostage Rescue Team." .......... But CIA agent Cullen says he met Delta Force operators in Europe who "told me not only were they forward deployed at Waco, Texas, but they were actually involved in a gunfight with the Branch Davidians." Steven Barry, a retired Special Forces sergeant, concurs: "I did talk to some Combat Applications Group guys, and they did confirm that, yes, portions of B Squadron were there pulling triggers." ...."

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... Most chilling of all, Sgt. Barry reports: "Their operators had penetrated the building on several occasions, and on one occasion, late April 17 or early on the 18th, they saw Koresh within six feet of them. They radioed back to the Tactical Operations Center for permission to grab him, and within minutes the word came back from the Justice Department, 'No, we already have a plan in place,' that being what happened on April 19." "People ask why we didn't let the children out," sobs Davidian survivor Clive Doyle. "If they saw all that was happening, and they were there with their children, would they have sent them out to the animals outside that were shooting at them and doing all those terrible things? No. ... When there was shooting going on it's kind of tongue in cheek to then turn and say, 'Well, why didn't you come out?' " ....."

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... When researcher McNulty finally broached the evidence room with the aid of the Freedom of Information Act in 1998, the pyrotechnic devices visible in those photographs were missing from the evidence boxes. But two additional pyrotechnic 40mm devices were found. The film's investigators also found -- mislabeled as gun parts or silencers -- six spent government flash-bang grenades, which were recovered from the dining room, the chapel, and the southwest corner of the building -- "all three points of origin of the fire." ......"

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... At 12:10 p.m. on April 19 the overhead FLIR footage shows at least two automatic weapons being fired into the rear of the dining room, the only remaining undamaged exit from the now-burning building. According to a Justice Department report, at least 15 people were found shot to death at this location. The FBI conducted ballistic tests which the DOJ later termed "inconclusive and rudimentary at best." "I cannot remember anything more sickening" than watching that gunfire into the building's last exit, comments Dr. Allard. Asked whether the Davidian gunshot victims appeared to have committed suicide, a former FBI forensic crime scene analyst who preferred to be filmed only in silhouette responds: "The majority of people, the bodies that I saw, were clear-cut homicide victims. ...I don't know who fired the bullets into their bodies. So in fact what we have here is an open homicide." ...,"

St. Louis Post-Dispatch 1/29/2000 Terry Ganey "..... Congressional investigator March Bell says the treatment of those bodies was "very troubling. The bodies were preserved in a semi-frozen state in two trailers for the purposes of investigation. For some reason those trailers under the control of the FBI were allowed to not have any electricity running to them and the bodies deteriorated beyond the point where any sort of forensic evidence could be gathered. We were very disturbed by that." Indeed, the scene of the massacre was declared a "bio-hazard," and since the FBI had predetermined this was a mass suicide, "The FBI investigators were instructed to sift, wash, and bleach the evidence associated with the bodies, destroying much of its evidentiary value." ..."

St. Louis Post-Dispatch 1/29/2000 Terry Ganey ".....The FBI bulldozed the "bunker" to rubble. Six years later, in 1999, when Davidian attorneys were granted permission to recover the portion that might bear traces of the explosive used, that portion of the bunker ceiling was found to be missing. Gen. Partin concludes the rudimentary gunpowder possessed by the Branch Davidians would not have been capable of blowing that hole through six inches of reinforced concrete. Special Forces Sgt. Steven Barry reports the damage inside the records vault was "consistent with a shaped charge," as does retired USAF ordnance engineer Col. Jack Frost. "In military operations, it's standard procedure to do this," Barry explains, in order to reduce casualties among the attacking forces...."

St. Louis Post Dispatch 1/20/2000 "….. U.S. District Judge Walter Smith has approved special counsel John Danforth's request for temporary custody of human tissue and bone samples collected from the bodies of Branch Davidians who died at Waco in 1993. Danforth wants an independent toxicologist to conduct tests on the samples. About 80 people died during the government's siege on the Branch Davidians' complex. Some survivors and their attorneys have challenged the government's findings on the causes of their deaths. ……"

St. Louis Post-Dispatch 1/28/2000 Terry Ganey William Freivogel "…. Special Waco investigator John Danforth has asked for the custody of all tissue and bone samples of human remains recovered after the deadly siege on the Branch Davidian complex in 1993. ….. Danforth intends to use an independent expert toxicologist to perform new tests on the evidence. Some Branch Davidians and their lawyers have questioned the government's findings on the causes of death……. While most of the evidence is in the basement of the federal building in Waco, Texas, the frozen human remains are stored at the Armed Forces Institute of Pathology in Rockville, Md. ……. Danforth's request, filed by special deputy Edward Dowd Jr., said the new tests will deplete to a degree what remains of the tissue and bone samples. "In fact, the testing could use the entire amount of any one particular sample, if it is very small," Dowd said…… A Justice Department report issued in 1993 listed causes of death for 73 people: 41 from smoke inhalation or fire; 17 from gunshots; 10 from suffocation; one from a fall; two from blunt blows to the head; one from a stab wound; one unknown……. Danforth also asked the court for permission to photograph and catalog with a computer all the physical and documentary evidence stored in the Waco federal building basement. Danforth said he needed access to the physical evidence to determine what is available and whether his office would need it to be analyzed by independent experts….."

The Dallas Morning News 1/31/2000 Lee Hancock "…. The Waco special counsel, responding to questions about a Delta Force commando's whereabouts at the end of the Branch Davidian siege, used a polygraph on him last week to confirm that he wasn't actively involved in the FBI's assault on the sect's compound, officials said. The former commando passed the lie-detector test after disputing another Delta Force soldier's sworn testimony. That soldier said the commando wasn't seen during the entire six-hour tank-and-tear-gas operation on April 19, 1993, and showed up hours after it ended, red-faced, tired and disheveled, officials said. ……. Mike Caddell, lead lawyer for the Branch Davidians, said he was troubled by the commando's testimony - particularly its conflict with the sworn accounts of two other Delta Force soldiers. "This guy is there longer than anyone else from Delta, and he remembers nothing? He can't remember anyone he talked to, hung out with, saw," Mr. Caddell said. "The contradiction between his testimony and that of the previous two soldiers is striking and incredible." The retired sergeant, a sniper in the secret U.S. Army unit at the time of the Branch Davidian siege, insisted that he watched part of the FBI operation in Waco but did not participate, officials said. The soldier also testified that he never carried a gun and never got within a kilometer of the building, officials said. …… But the government's efforts to refute the gunfire charge have raised eyebrows. It took months of requests and finally, a formal complaint to the judge in the wrongful death case before Justice Department lawyers produced sworn answers to the plaintiffs' questions about shooting by federal authorities on April 19. When the responses were filed last week, the Defense Department's statement that no military personnel fired on that day included a notable caveat: The Pentagon's lawyers wrote that their sworn denial of military gunfire was "based on currently available information." No other agency used similar language in their sworn statements….."

The Dallas Morning News 1/31/2000 Lee Hancock "…. The commando said he could not remember names of anyone he met and never advised the FBI's hostage rescue team during his three weeks in Waco. The soldier and his two colleagues each said they filed no written report to document what they saw at the end of the siege, officials said. In contrast, Defense Department records indicate that earlier teams of Delta soldiers had filed detailed reports. ….. The former commando was questioned Friday by House investigators and by U.S. Sen. Arlen Specter, whose investigative staff brought a court reporter to record the Senate interview, officials said. The Pennsylvania Republican is leading the Senate's ongoing review of the 1993 siege and other Justice Department controversies. With the soldier were more than a half dozen Pentagon lawyers and officers……."

The Dallas Morning News 1/31/2000 Lee Hancock "…. "It appeared that the guy's holding back on something," one official said. "There's definitely a discrepancy. Somebody's lying." But others said his story sounded largely plausible. ……. Mr. Caddell, the Branch Davidians' lawyer, said he doubts that the discrepancies in Delta Force testimony can be resolved. "But as we have said all along, to a small child trapped inside that building, whether it was Delta Force or the FBI pulling the triggers was irrelevant." …."

St. Loius Post-Dispatch 12/4/1999 Terry Ganey William Freivogel "…."They didn't use a rubber hose, and there were no bright lights in your eyes," said Danny Coulson, a former FBI commander who was questioned last month. "They asked real hard questions and insisted that you defend your answers logically." Coulson, former head of the FBI's hostage rescue team, was one of four former top FBI officials interviewed recently by Danforth and his investigators. Others were Richard Rogers, another leader of the hostage rescue team; Jeff Jamar, the top FBI commander at Waco; and Bob Ricks, a commander and FBI spokesman at Waco….. "It's intense," said one of the witnesses who had been interviewed. "When the focus of the inquiry is to find out whether you committed federal crimes or not, it's intense." …… More than one agent who has gone through the questioning has said that Miriam Miquelon, a former assistant U.S. attorney in East St. Louis, asked the most questions. In 1997, Miquelon successfully prosecuted Amiel Cueto, a once-powerful lawyer in Belleville. One source called Miquelon "a pit bull" in her questioning of the former FBI commanders. …… But one witness said events of Feb. 28 were also brought up. ….If Danforth is broadening the investigation, it doesn't bother Coulson, who believes the inquiry will absolve the FBI…… As tough as the sessions with Danforth's investigators were, they may be mere warm-ups for what's to come. Congressional investigators and lawyers for the Branch Davidians also plan to interrogate current and former FBI agents. ......"

Waco Tribune-Herald 1/30/2000 Mark England "….In its report, the Justice Department gave two reasons why a Combat Engineering Vehicle (CEV) - described as a modified Patton tank - tore through the back of the Davidian compound, causing the gym to partially collapse. Escape routes were being opened for Davidians to flee Mount Carmel and the gym was being opened for the eventual insertion of tear gas, according to the "Report to the Deputy Attorney General on the Events at Waco, Texas: February 28 to April 19, 1993." But an FBI agent riding in the CEV that plowed through the gym said in a recent deposition the crew was ordered to try to find a way to get to a tower at the back of the compound, where supervisors apparently believed the Davidians had retreated to escape the tear gas attack. "You were not ordered to breach the rear side of the building to create escape openings," plaintiffs' attorney Mike Caddell of Houston asked in the deposition. "You were ordered to clear this path to the tower, correct?" "Correct," said the CEV passenger, identified only as FBI witness No. 7 to comply with the order by U.S. District Judge Walter S. Smith Jr. of Waco not to divulge the identities of government witnesses. "What was the purpose of this path if it was cleared, or when it was cleared?" Caddell asked. "To effectively deliver gas to that tower area of the building where it was believed we were not getting gas," the CEV passenger said….."

Waco Tribune-Herald 1/30/2000 Mark England "….An FBI agent piloting a surveillance plane over Mount Carmel testified in his deposition that the people flying with him remarked that the Davidians would have to flee their compound because it was being demolished. "I recall some remarks that were made while, you know, 'People were going to have to get out pretty soon because it's going to, you know, the things are being kind of, during the penetrations, being taken away from them...,'" the FBI pilot said. Caddell accused the FBI of speeding up its plan to demolish the Davidian compound. …… "You were systematically demolishing the gym bit by bit," Caddell said to the CEV passenger. "You were tearing it down, weren't you?" "No, we were not destroying the building," the CEV passenger said. "We were very..." "You don't call that building destroyed?" Caddell asked. "Portions of it," the CEV passenger said……"

Waco Tribune-Herald 1/30/2000 Mark England "….FBI witness No. 13, who drove the CEV, testified in his deposition about the modified CEV that he said the FBI had rigged up to demolish Mount Carmel. "It was another CEV that had basically, what had been done was a railroad, a stanchion of railroad was welded to the blade itself, extending three feet on either side of the blade, and it was going to be used to drive along the side of the building, basically cutting the studs away and the sheetrock away, so we could actually see into the front sides of the building in hopes that they would come out when they were in plain view at that point," the CEV driver said. Caddell asked, "How would the gym have looked any different if you had attacked it with the railroad CEV as opposed to the CEV you had?" "I have no idea," the CEV driver said. "We never got to that part of the plan. I mean, in hindsight, it could have very well been the exact same result. But my plan at that point was not to destroy the gymnasium." ……."

Waco Tribune-Herald 1/30/2000 Mark England "….Caddell asked the agent if he remembered advising the FBI's Hostage Rescue Team, "CEV working black (or back) side. It's coming down." The CEV passenger said no. Caddell asked if that transmission wasn't more consistent with "disassembling" the building rather than clearing a path to the tower. "I would say if somebody was talking about a structure that was in their path, the fact that it was coming down would indicate that it was no longer being an obstacle to the forward movement, so I don't think it necessarily follows what you are saying," the CEV passenger said….."

Waco Tribune-Herald 1/30/2000 Mark England "….He denied Caddell's assertion that the holes made by the CEVs could have served as openings for agents on foot to enter the compound. "They had told them we weren't going to make entry into the building, and we didn't," the CEV driver said. Caddell asked if the CEV entered the building. "The vehicle did," the CEV driver said. "Absolutely." "Well, you were inside the vehicle, weren't you?" Caddell asked. The passenger in the CEV told Caddell that he didn't think the Davidians would see the FBI's actions as hostile and start firing weapons - which led to the FBI escalating its insertion of tear gas into Mount Carmel. "I was actually very surprised when we were shot at," the CEV passenger said….."

World Net Daily 1/26/2000 David Bresnahan "….Saying he wants to hold the government accountable for "the torture of innocent children," the attorney for David and Rachel Koresh's three children -- all of whom perished, along with 14 other children in the Branch Davidian fire in Waco, Texas -- has already deposed, under oath, over 30 FBI and Delta Force personnel regarding their role in the April 19, 1993 disaster…… Eventually, over 100 federal officials will be deposed, including Attorney General Janet Reno and perhaps President Bill Clinton. So far, about a third of those on the list have been questioned under oath in court-ordered depositions. "Almost all of them from FBI people. Two of them from military people, and it seems as though an almost universal amnesia has struck -- an epidemic of amnesia," explained attorney Jim Brannon in a telephone interview……"

World Net Daily 1/26/2000 David Bresnahan "….The federal officials involved in the 51-day siege at Waco completed a government form known as a "302" after the event took place. Those forms are primarily notes or transcriptions of interviews, but they are not sworn statements. Brannon is using those forms as a starting point for questions as he places the federal officials under oath. "Naturally they don't remember anything, but they sure remember there wasn't anybody there on the ground shooting," Brannon told WorldNetDaily….."

World Net Daily 1/26/2000 David Bresnahan "….Bob Ricks, FBI special agent in charge at Waco, stated at a press conference shown in the documentary that the FBI purposely sprayed the dangerous gas on the mothers and children. He said it was done in an effort to get the mothers to "flee" with their children. "You have these other groups of lawyers who represent all the adults, and their families, and heirs, and brothers, and sisters, and so on. I, on the other hand, have three innocent kids who are dead, and we want to know why," explained Brannon…… The FBI should know "you don't ever torture a baby for any reason, however noble it may be," he said. "You don't get to torture a baby to save your life. We don't pay you to torture babies, and that's what you did there, and you knew you did it, and you advertised you did it, and you bragged that you did it, and you said, 'Oh, but we didn't think it would hurt them much.' "That's not the worst thing you said. The other thing you said was, 'Well, all their parents have to do is bring them out, so don't blame us.' The translation is, if you have bad parents in this country, and you're a little kid, law enforcement gets to torture you because they don't like your parents. "Ain't that a hell of a note for the government to take! Nobody says you get to torture babies in America -- period. Not for any reason. Not for any purpose," stated Brannon. ….."

World Net Daily 1/26/2000 David Bresnahan "….Brannon said the process is worse than the amnesia of the FBI agents. After he asks questions, the Delta Force members are most often directed by government attorneys not to answer, he said. "I want the helicopter pilots. I want the snipers -- all of them. I want to see if they can all tell the same lies. I don't think they're that good. I might get real lucky and run across one or two of them who is willing under oath -- when they have to tell the truth -- [to] tell the truth. Maybe I'll find some that won't lie for them. I believe the truth won't hurt my side. Not out of what I've seen up to now," Brannon said. Since there is no judge present during the questioning, Brannon is left with no means to compel the witnesses to answer. Indeed, government attorneys direct Delta Force members not to respond to most of Brannon's questions. Despite the fact that the government admits to the presence of only three Delta Force members at Waco, Brannon claims there were at least 10. "The 10 have been traced on their travel vouchers. They came and went during the 51-day siege at Waco. Sometimes there were only three from that group present at one time," Brannon explained. He hopes eventually to get depositions from all of them. ….."

World Net Daily 1/26/2000 David Bresnahan "…."If Clinton did what I think he did, if I can ever prove it, I think he gave the okay to the Delta Force to go in there and help those guys. I think he said, 'They don't know what they're doing. Y'all go in there and take care of it.' Or words to that effect," said Brannon. When the court sent an order to all federal agencies requesting copies of all Waco-related documents, the White House refused, claiming "executive privilege." "That's one of those things where you take the Fifth Amendment and everyone in the world knows you're guilty," said Brannon. "If you're going to claim executive privilege, it's something you don't want the public to know you did." Nevertheless, Brannon is going to attempt to lift the cloud of national security and executive privilege so he can get the evidence he needs. "They can't hide behind a classified heading when they're going down there shooting Americans," he said. "I will be seeking to declassify all information pertaining to military operations against civilians." …."

World Net Daily 1/26/2000 David Bresnahan "….He said that on his most recent trip to Washington, D.C. to take depositions, he spent most of his time negotiating with the FBI. The FBI team is identified in a court document as G. Noesner, J. Huyler, and F. Lanceley. Brannon said the negotiators conceded to him that the Waco incident was poorly handled. "It was the worst they had seen in their 20-plus years in the FBI," said Brannon. …… "The so-called bunker or church vault where the women and children were hunkered down, the exposure (to CS gas) there went on for a couple of hours at the very least. It was continuous. There was no escaping it, particularly in a small, unventilated, confined space," said McNulty of what he uncovered in his investigation……… McNulty used an excerpt of video from a government press conference at Waco, showing Ricks telling reporters that the gas was used to get the women and children to flee from the Mt. Carmel buildings. "That's an admission. That means they are going to put that gas in there to where it was so bad that it would force the mothers to flee out. But you know what? The mothers maintained. On the flip side of the coin, you have to understand that there was a gunfight going on when one would have expected them to flee out. Flee out to what? To being shot? That's the irony of this," said McNulty. Brannon believes the evidence clearly shows the FBI was at fault……"

World Net Daily 1/26/2000 David Bresnahan "…."The most pertinent (form or torture) that everybody knows about was the intentional insertion of a gas," explained Brannon. "About which they knew precious little about the effects of that gas on children, and knew nothing of the effects of it at the dosages they were squirting in there -- knowing that the children were unprotected. "They did it with the express purpose of making the children so uncomfortable that the parents would bring them out. In other words, torturing the children to get their parents to do something. I don't believe law enforcement anywhere in the United States should be authorized to torture a child. And certainly not torture a child as a strategy to get the parents to obey their orders -- period," said Brannon. ….."

World Net Daily 1/26/2000 David Bresnahan "…. "Why would a civil law enforcement matter have documents generated by the president of the United States and/or his staff that can be covered under executive privilege in the first place?" he asked rhetorically. …… Brannon was present during the siege on Mt. Carmel and offered to help the FBI negotiate with Branch Davidian leader David Koresh. They turned his offer down flat. …… He tried to get reporters to ask why the FBI would not let Brannon or Koresh's grandmother go in and talk to him. No one would do it for him…….. "Here's what the one guy from the press told me. He said, 'Listen Jim. We don't want to get kicked out. If we ask that question, we'll be like that crew from New Zealand. They (the FBI) ran them right off.' They didn't want any tough questions, and they made an example of that one group." ……. "

CBS News Online 1/25/2000 "….(CBS) What really occurred outside Waco on April 19, 1993? Is the U.S. government responsible for the deaths of more than 70 men, women and children at the Branch Davidian compound? ….. Many new details about the disaster have come to light only recently. Today virtually all of the evidence from Waco, much of it paperwork from the many different government agencies involved, is stored in a secured room in Waco. The federal judge handling the civil trial ordered it collected and stockpiled, so that it could not be tampered with…….. "In the last two months, three months, we've learned more about what happened than we did in the preceding six and a half years," says Michael Caddell, a Houston attorney representing survivors and family members of the Branch Davidians in their suit against the government. Caddell says that the government has not accepted its share of the responsibility for those deaths…… "

CBS News Online 1/25/2000 "…Independent filmmaker Michael McNulty came upon some evidence that appeared damaging to the government. He found a shell casing from a certain type of tear gas round that could start a fire - a device the Justice Department had denied using for more than six years - publicly and to Congress. "Congress was mislead on this; there is no question about it," says Assistant U.S. Attorney Bill Johnston, the top justice department official in Waco. He worries that someone in the Justice Department hid the truth….. "

CBS News Online 1/25/2000 "…To find out more, CBS News hired Paul Beavers, a writer on military and law enforcement tactics and technology. Beavers, who used infrared imagery extensively in the British army, demonstrated what gunfire looks like on a thermal imaging camera. He compared the infrared tape of his demonstration with the FBI's tape from Waco. "There's some flashes there, which to me look exactly as if they're gunfire," Beavers says, looking at the Waco tape. "They have all right characteristics. There we go. There we go. Two rounds. It's what's called a 'doubletap. It's what you expect a trained marksman to do, to fire two rounds within close proximity of each other," he says. "One, two, yep it's not a glitch in the camera," Beavers continues. "It's not the sun striking something. It's not swamp gas reflecting off the planet Venus. This is somebody shooting." But the FBI denies this emphatically. Although its agents came under Davidian machine gun fire, the FBI maintains that no agent fired back at any time. ….. "

New York Times 1/25/2000 "….Government lawyers on Tuesday formally denied that federal law enforcement agents or the U.S. military shot at the Branch Davidian compound at the end of the deadly April 1993 siege. Their four-page federal court filing includes sworn statements by Defense Department and U.S. Treasury Department lawyers, The Dallas Morning News reported Wednesday…… In a federal court filing Jan. 18, lead plaintiffs' attorney Michael Caddell complained of a ``clear gap'' between the broad scope of the plaintiffs' question and the ``limited response'' the government's lawyers provided -- despite acknowledgment that the military's elite Delta Force was present during the siege. Caddell said he is pleased the government responded more specifically, but said the issue remains in dispute….."

AP 1/26/2000 "….Lawyers for Branch Davidians who are suing the government over the 1993 Waco raid complained Wednesday that the government's denial of gunfire by federal agents is still incomplete. Attorneys representing the Defense Department and the Bureau of Alcohol, Tobacco and Firearms this week formally denied that anyone in federal law enforcement or the active-duty military fired on the Davidians on April 19, 1993. The denial came Monday as an answer to questions by the plaintiffs' lawyers……. The Defense Department, which acknowledges members of its elite Delta Force were on the scene during the 51-day siege in an observational role, made a similar statement ``based on currently available information.'' ``Why can't they answer that question flat out `yes' or `no'? No qualifiers. No conditions. No loopholes or escape clauses,'' said Michael Caddell, an attorney for the plaintiffs. ``If you don't have enough information to answer it after six and a half years, when are you going to get it?'' Caddell said he will ask a judge to again order the government to answer the question….."

New York Press 1/26/2000 Jim Knipfel John Strausbaugh "….. The focus of the film is the militarization of civilian law enforcement, and what that means. Well, in the extreme it could mean you could get dead without ever standing in front of a judge and jury. This abortion of due process is what every New Yorker should be very concerned about. When that happens, and the ATF or the DEA raids, and it's the wrong house, and this poor old man jumps up with his revolver and is blasted away because these creeps kicked his door down and he had no idea who they were, that's the issue... That's why New Yorkers should be concerned. Next time it's an office building on 5th Ave."…."

New York Press 1/26/2000 Jim Knipfel John Strausbaugh "….McNulty has been sharing evidence with Danforth's investigation team. He's also been sharing it with Michael Caddell, the lead attorney in the Branch Davidians' wrongful death suit against the government. It's no secret that Caddell, in fact, has paid McNulty upward of $50,000 for his efforts. McNulty waves off charges of conflict of interest. He says that all along, as he's gathered evidence, he's gone to great lengths to pass it along to "the proper authorities"-the Justice Dept., the Dept. of Defense, the Texas Rangers-and ask for explanations of the discrepancies between their official stories and what he's been digging up.….."

New York Press 1/26/2000 Jim Knipfel John Strausbaugh "…. It does sound disingenuous when he claims it was in frustration with the government's stonewalling that he and Hardy decided to "level the playing field" and give the Davidians' lawyers the information they'd given the feds. Caddell's case had been languishing for two years while a federal judge mulled a government request for summary dismissal. Last June, Caddell was able to present the judge with new material provided by McNulty. The judge was evidently impressed: in mid-July, he cleared the way for the case to proceed to trial. "The government's jaw dropped," McNulty recalls. "They also, in my opinion, panicked." Thus Reno's unusual confessions in August. McNulty wasn't through. "It's not conspiracy theory," he likes to say, and can say it with a little more justification lately. "It's facts."…."

New York Press 1/26/2000 Jim Knipfel John Strausbaugh "….Interesting, those audiotapes force Revelation to back away from a key thesis offered in Rules. ("There was a lot we didn't know in the making of the first film," McNulty admits.) These tapes show that Koresh and his top followers had in fact laid plans to start fires should the government's tanks breach the walls. McNulty now concedes that the leadership did evidently see themselves as martyrs, or as bait meant to draw the Beast of Babylon into an apocalyptic conflict. At any rate, this new evidence that the FBI was listening in, knew of these plans and still made no apparent effort to defuse the situation is damning in itself, revealing at the very least an appallingly callous disregard for the lives of those inside, especially the children. It bolsters the argument that by a certain point in the standoff the feds had very little real interest in reaching a peaceful settlement…"

New York Press 1/26/2000 Jim Knipfel John Strausbaugh "….If Delta was at Waco, and if it took an active part in the siege, that would have broken the federal Posse Comitatus law, which prohibits the military from being used against private U.S. citizens. Furthermore, the only way that Delta Force could've been in Waco would be by direct orders from President Clinton. And if they did more than observe, the President himself is guilty of breaking federal law. And not only were Delta troops there, the film suggests, they were there with a specific combat mission. This included laying down covering fire for the tanks-gunning down as many as 15 Davidians as they tried to flee the burning buildings-and possibly placing explosive charges on the concrete "bunker," massacring the women and children inside. Obviously these are extraordinary charges. Since McNulty and Hardy first presented their evidence in 1998, the Dept. of Defense has in fact confessed that three members of Delta Force were at Waco (McNulty insists it was as many as 16), but says they were only there to observe and advise the FBI. In depositions taken by the Waco survivors' lawyers last month and just released last week, two of those three Delta men testified that, yes, they were in fact present, but only to do high-tech surveillance, and never fired a shot. (Ironically, FBI agents deposed simultaneously claimed no knowledge of any Delta Force presence, continuing the agency's long tradition in this affair of failing to get its story straight.)……"

New York Press 1/26/2000 Jim Knipfel John Strausbaugh "…. A man named Gene Cullen is identified in the film as a CIA case officer who claimed to have attended the meeting at which the use of as many as 10 members of Delta Force was approved. It's been reported in the Dallas Morning News that Cullen was not, in fact, a CIA case officer, but only a security officer, who never would have been at such a meeting-had such a meeting ever taken place (which the Pentagon denies). Typically, McNulty shrugs this off as a blatant attempt to kill the messenger. He says this attempt to besmirch Cullen's credibility "just reassured me that he's the real deal." He claims that after Cullen gave interviews to CBS and the Dallas Morning News, "the FBI and the CIA came to visit him one Sunday and threatened him and his child, [saying that] the kid would have to grow up without his father because his father was going to be in prison for the rest of his life for violating his security agreements." McNulty says Cullen's now under congressional witness protection and will be testifying in the Danforth investigation……"

New York Press 1/26/2000 Jim Knipfel John Strausbaugh "….It's also been pointed out that retired Air Force Gen. Benjamin Partin, who offers the film's expert testimony on the explosive charge alleged to have destroyed the bunker, very definitely is a conspiracy theorist: he's the same man who first came forward with the theory that the government-and not Timothy McVeigh-was behind the Oklahoma City bombing. ……"

New York Press 1/26/2000 Jim Knipfel John Strausbaugh "….Vince Foster was the deputy White House counsel at the time of the Waco siege. What's more, he was the President's point man on Waco, the man in the White House the Texas Rangers and FBI were told to go to….. Foster killed himself just 90 days after Waco. His widow told the FBI that he was deeply troubled by what happened at Waco and "felt responsible" for the deaths. The film infers that he may have had good reason. McNulty sums up the argument: "There was a letter he was drafting the day that he died, about Waco. There was a file marked 'Waco' in the security lockup next to his desk. There was an envelope marked 'Attorney general Reno's Eyes Only' in the national security safe in [White House counsel Bernard] Nussbaum's office. We recently found out that Mr. Foster and others were briefed by two Delta Force officers at the White House during the course of preparation of events. We find that these documents must contain significant information about the White House's role in Waco. So isn't your natural inclination to say, 'Let's take a look at these documents'?" There's the rub. In the film, both a Secret Service agent and Foster's then-assistant claim that on the night of Foster's death Maggie Williams, who was Hillary Clinton's chief of staff, and Nussbaum went into Foster's office and hauled out a box of files and documents, which were carried up to Mrs. Clinton in the private residence area of the White House. …."

New York Press 1/26/2000 Jim Knipfel John Strausbaugh "…."Now, it is fair to say that those documents could have been about a number of things," McNulty goes on. …. And, as one of the film's FBI informants points out, no matter what was in the box, it was evidence in the criminal investigation of Foster's death, and therefore should not have been removed, even under the cover of "executive privilege." But we don't know, because the box, if it existed, disappeared into Hillary's care, never to be seen again. "Hillary is the last person known to have physical custody of these documents," McNulty says. For New York voters, he argues, "the first question right out of the box ought to be, 'Hillary, where are the damn documents? What do they say? Why did you remove them? Does this imply that you had some involvement in the Waco affair in the White House?' She has to answer those questions." Removing evidence is "what a guilty person does."….."

Associated Press 1/24/2000 "….Government attorneys say they acted in good faith in turning over documents in the Branch Davidian civil lawsuit and shouldn't be penalized for what attorneys for the Davidians call stalling tactics. In a filing Monday in federal court, Justice Department attorney Marie Louise Hagen said the government opposes a $50,000 sanction requested two weeks ago by lawyers for surviving Branch Davidians who have sued the government for wrongful death. She said plaintiffs' attorneys caused part of the delay in turning over evidence by insisting on taking 24 depositions in December, which took government employees away from document production….. The government sent some materials after the deadline. Ms. Hagen said thousands of pages of Department of Defense documents still must be declassified before being turned over……"

NewsMax.com 1/26/2000 "….The Waco controversy has been raging for seven years, and last night CBS' "60 Minutes II" finally decided to investigate. "60 Minutes II's" Dan Rather hosted the segment "What Really Happened at Waco?" …… The FBI has claimed the infrared film does not indicate gunfire. But an expert consulted by "60 Minutes II" examined the tape and says the film does indeed show gunfire. Paul Beavers, an expert on the subject who had extensive experience with infrared imagery for the British army, said he had no doubts the FBI had fired on the compound. "There's some flashes there, which to me look exactly as if they're gunfire," Beavers said, examining the film. "They have all the right characteristics. There we go. There we go. Two rounds. It's what's called a 'doubletap.' It's what you expect a trained marksman to do, to fire two rounds within close proximity of each other," he added. "One, two - yep, it's not a glitch in the camera," Beavers said. "It's not the sun striking something. It's not swamp gas reflecting off the planet Venus. This is somebody shooting." "Congress was misled on this; there is no question about it," Assistant United States Attorney Bill Johnston told CBS before resigning today. Johnston fears the Justice Department has engaged in a cover-up…."

Star-Telegram 1/26/2000 AP Susan Parrott "….Johnston's tension with his superiors was heightened last August, when he wrote Reno that government lawyers had known for years about the use of pyrotechnic tear-gas canisters, which were fired hours before the Davidians' compound erupted in flames. Ten days after he wrote the letter, which drew national media attention, Johnston was abruptly pulled from the case, as was Blagg's entire office. "I wasn't going to be a party to misleading the American public about this issue, when I full well knew the import of it," Johnston told CBS' "60 Minutes II" in an interview airing Tuesday night. "We cannot hide the ball, in criminal or civil cases, and feel good about it. It's not what the Justice Department is supposed to be about." …. McNulty, the lead researcher for the newly issued film "Waco: A New Revelation," which accuses the government of pinning Davidians in their burning building with machine-gun fire, said Johnston's decision to resign was a courageous act. "The man is an honorable man and his biggest problem is he has a horrible disease that's called telling the truth," McNulty said Tuesday. "His fate was sealed when he decided that there was more to the story than the government represented," added McNulty, who cajoled Johnston last spring into letting him examine evidence lockers under the Justice Department's control. …."

Waco Tribune-Herald 1/24/2000 mark England "….FBI employee No. 15 - the identities of the agents are sealed on the order of U.S. Judge Walter S. Smith Jr. of Waco - testified during his deposition that he reviewed at least 10 FLIR tapes looking for flashes similar to those on the Waco FLIR tape. He told plaintiffs' attorney Mike Caddell of Houston that he found examples of flashes on other FLIR tapes. "The one that sticks out in my mind is a surveillance that was being done on a vehicle in the daytime," said the FBI employee, who was the FLIR operator when Mount Carmel caught fire. "And you could see a flash off of the fender and the hood of the car at one point in the orbit." Caddell asked the FLIR operator if he had ever seen multiple flashes like those present on the Mount Carmel FLIR tape. The FLIR operator maintained circumstances are different every time the camera is used. "It's different," the FLIR operator said. "Different circumstances, different temperatures, different scenery. You are not looking at the same thing." Asked if he had considered the possibility that some of the flashes on the Waco FLIR tape were weapons fired by the Davidians, the FLIR operator said, "I think it's glint." Caddell asked why the FLIR tape doesn't show flashes on both sides of Mount Carmel. "You don't recall there being an unusual condition where the sun was blocked from the front of Mount Carmel but shone on the back, do you?" Caddell asked. After wrangling, which involved Justice Department attorneys, the FLIR operator answered, "I still think it's glint." …."

Waco Tribune-Herald 1/24/2000 mark England "…."The type of FLIR utilized, the collimation of the FLIR in relation to the gunfire, distances involved, and other parameters would lead me to believe this is not gunfire, based on what I know," said the pilot, who was flying when Mount Carmel caught fire. By collimation, the pilot said he meant the FLIR camera in the plane would have been at a right angle to the direction of any muzzle blast on the ground. Caddell asked if the FLIR could detect smoke and hot gases. The pilot said it could under certain conditions. "But it's your belief that there's something special about hot gases from the muzzle of a gun, that it wouldn't detect those, but it would detect the hot gases from a Davidian starting a fire, right?" "There is a difference in the spectrum," the pilot said. Later, Caddell pressed the FBI pilot on whether the FLIR would pick up any type of gunfire. "Well, that . . . suggests to me that under certain circumstances, you believe this FLIR would pick up gunfire," Caddell said. "Correct?" "I believe it could pick up a battleship firing its gun, yes," the pilot said. "I believe it could pick up large cannons. I believe it could do several things. I do not believe what I saw you show me is gunfire." ….."

Freeper PJ-Comix 1/25/2000 "…. Amazing coincidence about how that "glint" just happens to show up in the FLIR video of the firefight in Somalia. And it comes from just where the Army Rangers were located. But of course it can't be gunfire because the government employees steadfastly maintain that it is really "glint." …."

Freeper vannrox 1/25/2000 "… Not content to rewrite history, he is now involved with rewriting the laws of physics. It is obvious to me that the FBI staff insist, no matter what, that the thermal images on the film are from a non-heat source. Who should be asked is physicists and the people who make the thermally sensitive film. Pick up any book in infared photography and you will see that the film records thermal images not light……It is physically impossible for film, that can record in the range of 200 nm to 300 nm, to record images in the 650 nm range. Jeeze! All these people are doing a great dis service to our country….."

Dallas Morning News 1/24/2000 Lee Hancock "…Justice lawyers blamed Mr. Johnston for letting in a journalist whose previous work on Waco, the Oscar-nominated 1997 film "Waco: The Rules of Engagement," was condemned by government officials as irresponsible and inflammatory. Mr. Johnston said he did not make the decision to let Mr. McNulty in but was supportive of opening the evidence vault when a former department public relations adviser asked how to handle Mr. McNulty's access request. Mr. McNulty told the Rangers that some key evidence appeared to be missing, and other government critics began clamoring to get into the evidence vault. That in turn prompted the Texas Rangers to open an investigation to determine what was in their Davidian evidence lockers -- an investigation that Mr. Johnston immediately began assisting. As the investigation began, the Texas Department of Public Safety asked U.S. District Judge Walter Smith of Waco to take custody of the Davidian evidence. He responded in early August with a sweeping and unprecedented order taking control of everything in the federal government's possession in any way related to the 1993 tragedy. As those events unfolded, Mr. Johnston sent a series of e-mails to his immediate boss, U.S. Attorney Bill Blagg of San Antonio, warning that the Rangers' inquiry was getting closer and closer to proving that the FBI had used pyrotechnic tear gas in Waco. The senior FBI official's admission in late August broke the story wide open, and Mr. Johnston came under more criticism from Justice Department colleagues. James B. Francis Jr. , chairman of the Texas Department of Public Safety Commission, said he and others within the agency were saddened but not surprised at Mr. Johnston's decision. "He's a fine prosecutor," said Mr. Francis, whose agency includes the Texas Rangers. "He's held in high esteem here in Texas by the DPS and the Texas Rangers, and we very much hate to see him step down but recognize he's got to do what's right and proper and best." ….."

Associated Press 1/25/2000 "….``There's no secret I've been frustrated by the Department of Justice,'' Johnston said in Tuesday's Waco Tribune-Herald. ``The vast majority of people in the agency are great people. But at the leadership level, I feel some people have been less than forthright.'' ….. Meanwhile, FBI employees have reportedly testified that flashes seen in an infrared surveillance video of the siege are ``glint,'' not gunfire. The Tribune-Herald reviewed the statements of 20 FBI employees, including technicians, pilots and infrared video operators. The agents were deposed for the upcoming wrongful-death lawsuit filed against the government by surviving Branch Davidians and their families……. In one deposition, a pilot who flew the plane carrying the video camera said ``glint'' was ``an unexplained phenomenon'' that sometimes appears on infared tape during the day. Another FBI employee likened the flashes to the shine from a car fender or hood. Plaintiffs' attorney Michael Caddell attacked the theory. ``How did we distinguish between a glint and something else?'' Caddell asked during a deposition. ``Is it a glint when it might have otherwise been gunfire from an FBI agent?'' …."

The Dallas Morning News 1/24/2000 Lee Hancock "….Mr. Johnston said he will submit his resignation Tuesday, ending a 12-year stint as chief federal prosecutor in Waco…… "I've thought about this for the last three years, off and on," he said. "What really acted as a catalyst were the events of August and September." He said he hoped a stint in civil private practice might give him a fresh professional perspective and eventually help him return to public service in a new administration's Justice Department…… Mr. Johnston went public shortly after warning Ms. Reno. He said that he felt compelled to speak out after being shown 6-year-old documents documenting how FBI agents fired at least two military gas grenades capable of sparking fires. …… "

Freeper IllumiNOTi 1/25/2000 on the 60 minutes segment "….O.K.- I taped this just on the off chance there was something significant in the piece. 60 minutes had the expert test fire a rifle on infra-red and compared it to the Waco surveillence tape. It took me like 20 times rewinding the 60 minutes videotape and transcribing it but this is an exact quote from the expert they hired... Dan Rather: "Paul Beaver has used infra-red extensively in the Brittish Army. He's also a writer on military and law enforcement tactics and technology. We hired him to demonstrate what gunfire looks like on a thermal imaging camera" Paul Beaver: "... and watch the end here... that plume there you see (in the test) shooting out is what you cant see with the naked eye, thats actually the report- almost identical to the report that we saw down here (the Waco tape). There are some flashes there which to me look exactly as if they're gunfire- they have all the right characteristics. It's not a glitch in the camera, it's not the sun striking something, it's not swamp gas reflecting off the planet Venus- this is somebody shooting." ……"

St. Louis Post-Dispatch 2/8/00 Terry Ganey William Freivogel "….Did U.S. agents fire? All government agents who have been questioned under oath by lawyers for the Branch Davidians and Congress have denied firing their weapons. ……One of the agents, Jerome Anders Barker, may have explained one suspicious piece of information. He said he first arrived at the Sierra 1 post the day after a raid on the complex Feb. 28 by agents of the Bureau of Alcohol, Tobacco and Firearms left four agents and six Branch Davidians dead. Barker said he found "numerous shell casings from spent ammunition scattered on the floor." That may indicate that the shell casings were from ATF weapons. Danforth is testing the shell casings to see whether they came from FBI guns. Reputable experts dispute whether flashes on infrared surveillance tapes of the siege are gunfire…….One other way to investigate the gunfire is to check autopsy records. Some investigators are suspicious of the wounds suffered by Mary Jean Borst, 38, who died in the complex. Borst was shot in the back by a high-powered gun. Investigators say Danforth, who has obtained custody of body tissue, will be looking for evidence that any of the 17 Branch Davidians who died of gunfire, died from government gunfire. …."

St. Louis Post-Dispatch 2/8/00 Terry Ganey William Freivogel "….Did the U.S. start the fire? The discovery last summer that the FBI had fired a pyrotechnic tear gas canister on the morning of April 19 led to the Danforth investigation because it contradicted Reno's testimony that the FBI did not use fire-causing tear gas. It appears, however, that only two pyrotechnic canisters were used and that they had nothing to do with the fire because they were fired 50 yards away from the complex six hours before the fire started. Ramsey Clark, a former U.S. attorney general and one of the lawyers for the Branch Davidians, suggested last week that the government may have started the fire. Allard, the Branch Davidians' infrared expert, also suspects the government. But Caddell, the main lawyer for the Branch Davidians, has not made that claim……"

St. Louis Post-Dispatch 2/8/00 Terry Ganey William Freivogel "….Was the military illegally involved? About 10 members of the Army's secret Delta Force spent time at Waco. There were usually three members of the anti-terrorist squad there at a time - a technician, communications expert and weapons expert. The communications and technical experts who were there April 19 testified that the weapons expert did not show up until after the fire - that he had gotten drunk the night before and overslept…..Caddell says that although questions remain about military involvement, there isn't much more to be investigated. Congress also seems to have concluded that there was no illegal military involvement. …."

St. Louis Post-Dispatch 2/8/00 Terry Ganey William Freivogel "….Was there a cover-up? * The Bureau of Alcohol, Tobacco and Firearms definitely covered up the details of their botched and fatal Feb. 28 raid for illegal weapons. But that cover-up has been known for years, and it's unclear whether Danforth is investigating it. * Justice Department lawyers and FBI agents knew for years that military-style tear gas was used April 19 although not against the main building.. …* Branch Davidian lawyers say FBI commanders Jeffrey Jamar and Richard Rogers attempted to cover up their handling of the siege. An assault plan approved by Reno called for inserting tear gas into the building for 48 hours before converted tanks would begin punching holes into it. But Jamar, the overall FBI commander, and Rogers, the head of the FBI's hostage rescue team, permitted the tanks to plow into the front and back of the structure after just a few hours……* Top FBI agents concede that the government made a huge mistake in not releasing all information about Waco immediately. Some FBI officials think that the Justice Department lawyers in charge of the case continue to look like they have something to hide because of their tardy disclosures to the court. But investigators who have looked into whether there was a cover-up have not yet found evidence of criminal wrongdoing. …."

The Dallas Morning News 2/8/00 Christy Hoppe "…..Attorney General Janet Reno fended off numerous questions Monday night about the government's role in the Branch Davidian tragedy, saying that special counsel John C. Danforth's investigation will provide the needed answers. Speaking to 1,000 community volunteers at the University of Texas, Ms. Reno said the pending lawsuit accusing the government of wrongful death and the investigation by former Sen. Danforth require her to allow previous statements to speak for themselves. ……"

Associated Press 2/7/00 Connie Mabin "…..Attorney General Janet Reno fought off angry questions Monday night from a small group of Branch Davidian supporters who labeled her the "Butcher of Waco." Reno was visiting the University of Texas to lecture about community problem solving. Led by Austin talk show host Alex Jones, fewer than a dozen protesters carried signs bashing Reno and the Clinton administration outside the Lyndon B. Johnson Presidential Library and Museum before Reno's speech. Jones labeled Reno the "Butcher of Waco" and the "Supreme Obstructer of Justice." …… "

St. Louis Post-Dispatch 2/7/00 "……Last October, an investigator for Waco special counsel John C. Danforth visited a federal prison in Louisiana to interview Graeme Craddock, one of nine survivors of the government's siege on the Branch Davidian complex near Waco, Texas, in 1993. What the two men talked about is secret. But Craddock gave another sworn statement later that month that provided new evidence that the Branch Davidians started a fire that killed dozens of people on the last day of the siege, April 19, 1993. "It looked to me like they were pouring fuel on the floor," Craddock said in a deposition. A short time later, he said, he heard Mark Wendel, another Branch Davidian, say, "Light the fire." Craddock said he looked up at the sky. "I could see black bits of debris falling, like snow, black snow," he said. Craddock's testimony seems to support the government's contention that the Branch Davidians started the fire. His recollections are among hundreds of pages of recently released depositions from a score of witnesses, including many government agents, that give a rough idea of how Danforth's investigation is progressing. Although the depositions were taken in a separate court case, the testimony is from many of the same agents Danforth has interviewed. So far, the case against the government does not appear much stronger than it was five months ago, when Danforth began looking into what he called the four dark questions surrounding the tragedy. No proof of illegal military involvement has turned up. No new evidence of a government cover-up has emerged. And the weight of the evidence indicates that the Branch Davidians started the fire. ….."

St. Louis Post-Dispatch 2/7/00 "……In court documents filed last week, the lawyers quoted Gary Noesner, an FBI hostage negotiator, as saying, "Any negotiator would have told them (Jamar and Rogers) that dismantling the building would provoke a violent response." Also quoted in the documents was Peter Smerick, an FBI criminal profiler. According to a Department of Justice internal review, Smerick said he told Jamar they could not send in the tanks because "children would die and the FBI would be blamed even if they were not responsible." The documents said deviating from the approved plan to tear down the building contributed to the tragic outcome at the Branch Davidian's Mount Carmel complex, 12 miles northeast of Waco. Is deviating from the plan a bad act or bad judgment? Lawyers for the Justice Department say it's a judgment call. The commanders must make decisions, the lawyers said, based on the conditions at Mount Carmel, the weapons inside and the prior use of deadly force during an initial raid on the complex Feb. 28. Using a converted tank to clear a path through the building for tear gas was based on law enforcement policy, including considerations of resources, risk, danger and the urgency of their mission, government lawyers said in court documents last week. The move was within the FBI's discretion and couldn't be second-guessed, the government lawyers added, even if the commanders knew the Branch Davidians might shoot at the tanks or would view the assault as an attack and refuse to surrender……"

Dallas Morning News 2/10/00 Lee Hancock "….. The Waco special counsel has asked the Army to lend a small arsenal of firearms, tanks, camouflage gear and personnel for a March field test aimed at determining whether government agents fired guns at the end of the 1993 Branch Davidian standoff. A Feb. 1 letter to the Pentagon from deputy special counsel Thomas A. Schweich stated that the planned test will require a wide array of military gear and personnel and a full week's access to a restricted Fort Hood firing range……. Among the equipment sought is a 60-ton combat engineering vehicle, or CEV, similar to those used by FBI agents to bash the Branch Davidians' compound near Waco and spray in tear gas on April 19, 1993. Also requested are two Bradley Fighting Vehicles, camouflage rain gear and fatigues, sniper suits "with face paint and appropriate vegetation adornment," ballistic helmets and Nomex fire-retardant flight suits. ….. The request also includes some weapons, including a .308-caliber sniper rifle, an M-16 assault rifle and shoulder-fired M-79 grenade launchers identical to those used by the FBI to lob both pyrotechnic and nonburning tear-gas canisters into the building on April 19. The special counsel's request noted that "other weapons will be provided by the OSC [office of the special counsel] or the FBI." The office obtained a court order last year to take custody of and conduct ballistic tests on all FBI weapons used in Waco, including sniper rifles, short-barreled CAR-15 assault weapons and German-made MP5 machine guns……. Mike Caddell, lead lawyer for the sect, said he received assurances on Wednesday that the final test plan will be made public. ……. One of the cameras that will be used in the test is the one the FBI used during the 1993 siege. It has been upgraded since the Waco incident, but is still mounted in the same unaltered FBI "nightstalker" plane that circled the Branch Davidian compound. The second camera, a GEC-Marconi "sea owl" infrared system, is being borrowed from the British government and is mounted on a Royal Navy Lynx helicopter. It is virtually identical to the camera used in Waco in 1993……. "

Washington Times 2/10/00 Robert Charles ".....Mr. Deutsch's lax attitude, however, is not unique. What it highlights is a pattern of ambivalence toward national security precautions within key segments of the Clinton administration. During the 1995 House Waco investigation, for example, White House Counsel Abner Mikva argued that White House documents surrounding the incident were too sensitive to be disgorged to Congress. A few mornings later, on July 15, 1995, Congress awoke to find a senior associate White House counsel had taken highly sensitive "copies of original notes" concerning Waco home with her, and these notes, placed in a gym bag, had reportedly been stolen from her car. The question that ricocheted around the Capitol, and remains relevant today: How could a White House counsel - holding a top secret clearance - have failed to treat such notes with greater care? What other documents were treated so glibly, with what unknown consequences? ......"

The Dallas Morning News 2/9/00 Lee Hancock "….Both sides in the Branch Davidian lawsuit and the federal judge hearing the case will gather in St. Louis next week to finalize plans for field tests aimed at resolving key questions about government gunfire. An order issued late Monday by U.S. District Judge Walter Smith announced the Feb. 16 meeting at the office of Waco special counsel John C. Danforth. …… The judge dictated that specifics of the test, outlined by a court-appointed expert, must be kept secret, and he threatened to impose sanctions against anyone who revealed them "to the press or the public." ……Two lawyers representing the sect said Tuesday that they are concerned that the imposition of strict secrecy will be extended to the test. They predicted Tuesday that such a move would further inflame public doubts about the controversial Branch Davidian case. "I'm sure that the Justice Department opposes any participation by the press in the demonstration," said Mike Caddell, lead lawyer for the sect. "Our concern is, rightly or wrongly, by excluding the press, you're confirming the fears of some people about the integrity of the test." …….. A spokesman with the British Defence Ministry said the American investigators recently requested the use of a Royal Navy Lynx helicopter outfitted with a near-identical infrared camera for the Texas test. The camera is a GEC-Marconi "Sea Owl," and the Lynx helicopter that carries it is flown by a two-member crew from British frigates and destroyers, the British military spokesman said. It is commonly used to monitor shipping and sea traffic. The British government has been asked to provide the aircraft and a crew for a week of U.S. operations, the spokesman said. But left unresolved is the question of who will pay to get the helicopter to Texas, which could cost $250,000 or more. ……. James Brannon, another lawyer for the sect, said he also will use the meeting to air his concern that secret protocols proposed for the test lack "enough checks and balances to completely allay my fears of a stacked deck." "I am very concerned about what controls we're going to have, or be given, to make certain that the FBI, if it's going to put its own plane up there, is not going to be in a position to cheat," Mr. Brannon said. …….. "

St. Louis Post Dispatch 2/13/00 William Freivogel Terry Ganey "…..At the Justice Department's request, the expert, Capt. John Perry, [in 1997[ used an infrared camera like the one used by the FBI at Waco, to see if it would record M-16 rifle fire as flashes. Sources said he concluded that he could not rule out the possibility that flashes on the tape were from gunfire without performing field tests. But the Justice Department did not ask him to go forward with those tests. ……. Lawyers for the Branch Davidians say that the Justice Department dropped Perry like a hot potato because it did not like his answers. The Justice Department denies it. …… The re-enactment will include knocking down a structure to see if flying debris could have produced the flashes on the tape. That is important because the flashes on the tape occur near to a spot where a converted government tank was bulldozing a wall. Both sides say that building material from a heated structure can show up as a bright spot on infrared tape.......The dispute about the flashes began about the time that the Justice Department asked Perry to perform his tests at Wright-Patterson Air Force Base near Dayton, Ohio, in 1997. Sources say Marie L. Hagen, the Justice Department lawyer defending against the wrongful death suit, contacted Perry to ask for the initial tests. Perry used a GEC Marconi infrared camera, like the one used by the FBI at Waco, to tape M-16 rifle fire. He found that groundfire might turn up as a flash on the tape. But that is where the matter ended. Perry, now at Kirtland Air Force Base in New Mexico, would not comment Friday……. Michael Caddell, the Branch Davidians' lawyer, criticizes the Justice Department, saying it covered up information about the 1997 test. "What we think we will be faced with is frankly a cover-up of unprecedented proportions in our government," he said. …….

St. Louis Post Dispatch 2/13/00 William Freivogel Terry Ganey "…..Last week, congressional investigators also sought to discredit a 1997 analysis of the infrared tape by the Maryland Advanced Development Laboratory, a defense contractor. ...... The Maryland lab analyzed the 1993 infrared tape using its VIPER anti-sniper computer program. The program can pick out small arms fire in an infrared scene. The lab concluded that the flashes on the Waco tape were not gunfire, partly because they were too long in duration. Now congressional investigators say that the VIPER system is not that reliable and that the Maryland lab did not use the GEC Marconi camera in its test. Nor did the lab fire the short-barreled CAR-15 assault rifle that the FBI used at Waco. That is significant, they say, because the CAR-15 has a bigger, more visible plume of gas than the M-16 used by the lab. …… Norris J. Krone Jr., president of the lab, discounted the criticism and said that his firm had performed more recent tests that confirmed its earlier findings. "We have no ax to grind on this thing," Krone said. "We got into this voluntarily in 1997 when we saw a Washington Post story about the flashes. We had spent four years developing the VIPER specifically to determine what was gunfire in an infrared scene and what wasn't." Krone said the computer program was designed to pick out any kind of weapon that a sniper might use, including a CAR-15. ..."

St. Louis Post-Dispatch 2/10/00 Terry Ganey William Freivogel "…..Lawyers, scientists and a judge will meet in St. Louis next week to draft the blueprint for an unusual experiment that could prove pivotal in determining whether government agents fired on the Branch Davidian complex during the siege at Waco in 1993.. …….. Also expected is David Oxlee of Vector Data Systems Inc., the company that Danforth selected and Judge Smith approved to act as a court-appointed expert for the test. Vector Data Systems is a subsidiary of Anteon Corp. of Fairfax, Va., a major U.S. defense contractor. Among the services that Vector supplies are the design, development and installation of intelligence gathering systems. It has offices around the world. Oxlee works at the company's office near London. …… Caddell said he was comfortable with Vector. "They won't have an agenda except to try and get at the truth," Caddell said. "That's what we are counting on. We are going to see flashes on the tape, and those flashes are going to be identical to those from April 19." Allard, Caddell's infrared expert, said he has read Vector's draft plan for the test and thinks it is "well laid out. These are retired RAF (Royal Air Force) pilots at Vector who have been testing this technology on Tornado bombers. I like the idea they are ex-military. They should recognize gunfire when they see it." ……. Tom Schweich, Danforth's chief of staff, has been lining up the equipment that will be used for the test, including a British Navy helicopter equipped with a GEC Marconi camera like the one in the FBI Nightstalker surveillance plane that was at Waco. ….."

St. Louis Post-Dispatch 2/10/00 Terry Ganey William Freivogel "…..Allard and Zegel have said the character of the flashes is consistent with what would be expected from small arms fire. An expert for the government, the Maryland Advanced Development Laboratory, used a computer program to analyze the flashes and determined their duration was too long to be gunfire. Ed Friday, a principal scientist for System Planning Corp. of Arlington, Va., used a GEC Marconi camera to analyze gunfire in a test he performed in 1997 for The Washington Post. He put the camera 10 meters away from guns at a firing range. The camera recorded muzzle gasses, but not the short intense flash that appears on the Waco tapes……"