From ba-firearms-request Fri Feb 18 15:01:28 1994 Received: from localhost (daemon@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id PAA02075; Fri, 18 Feb 1994 15:01:15 -0800 Errors-to: ca-firearms-request@shell.portal.com Sender: ca-firearms-request@shell.portal.com Precedence: bulk Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.4) with ESMTP id PAA02068 for ; Fri, 18 Feb 1994 15:01:11 -0800 Received: from sgi.sgi.com (SGI.COM [192.48.153.1]) by nova.unix.portal.com (8.6.4/8.6.4) with SMTP id PAA24230 for ; Fri, 18 Feb 1994 15:01:07 -0800 Received: from oilean by sgi.sgi.com via UUCP (931110.SGI/910110.SGI) for ca-firearms@shell.portal.com id AA14983; Fri, 18 Feb 94 15:00:10 -0800 Received: from wok.UUCP by oilean.islandsw.com (4.1/SMI-4.0) id AA23733; Fri, 18 Feb 94 14:48:28 PST Received: by garlic (4.1/SMI-4.1) id AA19406; Fri, 18 Feb 94 14:29:04 PST Date: Fri, 18 Feb 94 14:29:04 PST From: oilean!wok!george@sgi.com (George L Roman) Message-Id: <9402182229.AA19406@garlic> To: oilean!sgi!shell.portal.com!ca-firearms@nova.unix.portal.com Subject: Waco report available Status: RO For those of you who are interested, an extensive report has been generated on the events surrounding the Waco Massacre. It was produced by a group calling themselves the Committee for Waco Justice. The Committee for Waco Justice is a group of individuals committed to ensuring that the public does learn the truth about violations of rights, use of excessive force and coverup of wrongdoing in the Bureau of Alcohol, Tobacco, and Firearms' (BATF) initial raid upon, and the Federal Bureau of Investigation's (FBI) destruction of, the Branch Davidians. This report is available via ftp from think.com as /pub/waco/waco.report.CWJ and is 526225 bytes long. If you can't ftp it, I can send it to you as long as you have gunzip or unzip and uudecode. Also specify the maximum "batchsize" your mailer can handle. -george ------------- Date: Sun, 6 Feb 1994 10:47:06 -0500 (EST) From: "Carol.Moore." Subject: Waco Report Available To: "Libernet." COMMITTEE FOR WACO JUSTICE REPORT AVAILABLE On January 28, 1994 The Committee for Waco Justice released "The Massacre of the Branch Davidians." Below are the first four pages of that 136 page report and an outline of its contents. Instructions for ordering are at the end of this file. THE MASSACRE OF THE BRANCH DAVIDIANS A STUDY OF GOVERNMENT VIOLATIONS OF RIGHTS, EXCESSIVE FORCE AND COVER UP[1] THE PUBLIC MUST KNOW THE TRUTH Several year end television reviews of 1993 portrayed the deaths of 86 or more members of the Branch Davidian[2] religious group in Waco, Texas as a symbol of Attorney General Janet Reno's "heroism" for taking responsibility for their fiery deaths. Representative J.J. Pickle, chair of the Subcommittee on Oversight of the House Ways and Means Committee, summed up the feelings of many when he said of David Koresh, "The leader of that compound was a nut, and his followers agreed to live with a nut."[3] Many Americans consider the Branch Davidians to be the religious fanatics, child abusers and violent "gun nuts" government and the press have portrayed them as being. However, many other Americans believe that nothing the Branch Davidians did, or were accused of doing, justified either the February 28 or April 19, 1993 assaults against them. Representative Harold Volkmer charged the initial attack on the Branch Davidians was part of a pattern of "Gestapo-like tactics" at the bureau. "I fail to see the crimes committed by those in the Davidian compound that called for the extreme action of BATF on Feb. 28 and the tragic final assault."[4] Representative John Conyers branded the April 19th gas and tank attack a "military operation" and called it a "profound disgrace to law enforcement in the United States." He told Janet Reno, "you did the right thing by offering to resign. I'd like you to know that there is at least one member of Congress who is not going to rationalize the innocent deaths of two dozen children."[5] As the trial of eleven surviving Branch Davidians for "conspiracy to murder federal officers" proceeds in San Antonio, Texas, the public may finally learn the disturbing and even shocking truth about U.S. government violations of rights, excessive use of force and coverup. There is a possibility that the jury will be so disgusted by trial revelations it will acquit most of the Branch Davidians on most or all charges. The Committee for Waco Justice is a group of individuals committed to ensuring that the public does learn the truth about violations of rights, use of excessive force and coverup of wrongdoing in the Bureau of Alcohol, Tobacco, and Firearms' (BATF) initial raid upon, and the Federal Bureau of Investigation's (FBI) destruction of, the Branch Davidians. Our report--"The Massacre of the Branch Davidians"--is a systematic presentation of evidence of government agents' and officials' misconduct and crimes. Our sources include the Treasury Department's September 30, 1993 report, the Justice Department's October 8, 1993 report, Senate and House of Representatives hearings, news reports and other published materials, news video tapes, conference audio tapes and personal interviews. Our report: * examines similar government actions towards dissident groups and individuals and the government's growing reliance on private spies and "cult busters"; * reviews the history of the Branch Davidians and the questionable evidence used to support non-weapons allegations against David Koresh; * outlines the most important current evidence of BATF and FBI violations of rights, excessive use of force and the ongoing coverup, a coverup in which both the Treasury and Justice Departments are participating; * describes the charges facing the eleven Branch Davidians, their expected defenses, and civil suits against the government by surviving Branch Davidians and families of the deceased; * delineates an inevitable rise in the number and variety of dissident religious and political groups as we approach the "magic" year 2000; * offers recommendations to ensure that local, state and federal governments end violations of Americans' rights. Despite the Committee's limited resources, and our primary reliance on public sources, we have made some important and startling findings which seem to be evidence of official misconduct and crimes against the Branch Davidians. Our most disturbing findings are: * After BATF could find no evidence that weapons were purchased illegally, it based its "probable cause" on biased information about "intent" from "cult busters" committed to destroying the Branch Davidians and former members influenced by them and on words and deeds protected by the First Amendment. * BATF ignored David Koresh's past cooperation with more serious investigations as well as Koresh's 1992 invitations to BATF agents and the local Sheriff's Department to inspect his guns. BATF also engaged in flagrant "undercover" surveillance which may have convinced the Branch Davidians that the government was preparing to destroy them and that armed defense was their only recourse. * BATF decided to conduct a paramilitary raid because of the overly-aggressive mentality of raid planners, biased information from cult busters, shoddy intelligence, a need to bolster BATF's image, and the desire to punish a BATF critic. * BATF knew former tenants probably had set up a methamphetamine lab at Mount Carmel and that Koresh had dismantled it years before; nevertheless, they used that information to get free support from the Texas National Guard. * Although the magistrate who signed the warrants did not designate this a "no knock" raid, BATF had no plan to serve the warrant peacefully and even expected a shootout! BATF may have shot first and did fire indiscriminately. BATF raid commanders in helicopters may have fired from them. Attorney General Janet Reno has not completed an investigation into 911 tapes whose time sequence was re- ordered, possibly to discredit Davidians' claims helicopters were firing at them. * The savage BATF assault may have convinced some wounded Branch Davidians the government meant to slaughter them, so they committed suicide or had themselves shot. * After the raid, BATF intimidated two important witnesses who could attest to the Branch Davidians' innocence. They tricked one into accepting "protective custody" and then kept him away from the press and the FBI; they brushed off another's offer of help and then put him on the "armed and dangerous" list when he left town. * The Justice Department knowingly violated its own interpretation of the posse comitatus law by using tanks against the Branch Davidians, including in the final, fatal assault; it also misled President Clinton about their use. * The FBI controlled, intimidated and lied to the press and the media. * Richard M. Rogers, the FBI Hostage Rescue Team Commander at Waco, repeatedly sabotaged negotiations by pressuring the siege commander to use harassment tactics and later CS gas against the Branch Davidians. Rogers is now under investigation and may be indicted for his overly aggressive tactics in the 1992 standoff with Randy Weaver in Idaho. The FBI's impatience to end the standoff may have been related to their fear the upcoming Weaver trial would bring out facts about FBI misconduct in that case. * The FBI and Justice Department covered up its reliance on "cult busters"--including a long-time FBI advisor-- because of criticism of their use, because one advisor was indicted for "unlawful imprisonment," and because of a lawsuit against the FBI and Attorney General Janet Reno regarding the FBI's use of the term "cult." * The FBI convinced Attorney General Reno to approve their plan to gas and demolish Mount Carmel by evidently withholding from her David Koresh's very credible April 14th letter promising to surrender, even as they showed her his defiant April 9th and 10th letters. Evidently this letter also was withheld from the press and not mentioned to Justice Department outside experts during FBI briefings. It was included in the Justice Department report, but mislabeled as a mere "request." * The FBI convinced Attorney General Reno that April 19th would not be "D-Day"--that they would proceed with a safe operation and continue to negotiate. However, they obtained authority to "return fire" and speed up demolition of Mount Carmel and evidently never informed Reno of their expectations there would be casualties. * Despite FBI and Justice Department statements to the contrary, FBI agents were seen outside their tanks near the building before the fire. Under the FBI rules of engagement they had the authority to shoot Branch Davidians, may have done so, and now may be covering up their acts. * The Justice Department and FBI are refusing to admit that there was an order to begin the demolition of Mount Carmel right before noon and have not revealed who--FBI ground commanders or FBI or Justice officials--gave that order. * Nearly simultaneous FBI tank attacks from three sides trapped Branch Davidians in the building and started some or all of the fires from which most could not escape. There was no mass suicide; there were desperate suicides by a few trapped victims of the fire. If two or three despairing Branch Davidians did light fires, as the government claims, it was because government assaults had convinced them martyrdom was preferable to capture and enslavement by evil authorities. * During the April 19th fire, FBI tanks destroyed important evidence by bulldozing burning walls into the rubble. BATF and FBI agents were all over the "crime scene" during Texas Rangers investigation and may have destroyed or even fabricated evidence. * The BATF-influenced chief fire investigator issued a biased fire report blaming the Branch Davidians for their own deaths. The government then bulldozed the ruins of Mount Carmel before defense attorneys could send in an independent fire investigator. * The Treasury Department and Justice Department reviews of the BATF investigation and raid and the FBI siege and final assault contain dubious assertions and leave too many questions unanswered. Neither "review team" was authorized to take under oath testimony of BATF and FBI agents and Treasury and Justice Department officials. Many consider these reviews and reports to be little more than systematic coverups of official crimes. * Despite Treasury Department report findings that BATF's February 28, 1993 raid commanders lied repeatedly to investigators and their superiors, and that BATF officials covered up these lies, no one has been prosecuted. * The Justice Department's review team is tainted by conflicts of interest regarding Deputy Attorney General Philip B. Heymann, and reviewers Edward S.G. Dennis and Willie Williams. * There are suspicions that cronyism among Arkansans involved in Waco decision-making--President Clinton, Webster Hubbell, Bruce Lindsay and the late Vince Foster--might extend to covering up any errors or crimes related to the massacre of the Branch Davidians. * The trial of the eleven Branch Davidians is bringing out important evidence of coverup such as missing vital evidence, changing statements by several BATF agents, and evidence that BATF agents were wounded by friendly fire--not to mention prosecutorial misconduct in the form of withholding evidence favorable to the defense. JUSTICE MUST BE DONE If our small committee could discover so much damning evidence of wrongdoing, we believe an Independent Counsel appointed by the Attorney General could discover much, much more. The Independent Counsel would be empowered to identify and prosecute government agents and officials responsible for official misconduct, violations of rights, and excessive use of force which resulted in the deaths of over 86 people, and for any and all related crimes. She or he would be empowered to investigate the actions of Treasury Department and Justice Department officials, BATF and FBI officials and agents, and officials and agents of any other departments, agencies and law enforcement involved in the incident. She or he could also investigate White House officials and employees. She or he would have full power to subpoena witnesses to give testimony under oath and to grant immunity in exchange for evidence of criminal wrongdoing-- power which neither the Treasury nor the Justice Department's "review teams" had. The Committee for Waco Justice believes the facts already available provide compelling evidence that BATF and the FBI, through a combination of negligence and arrogance bordering on intentionality, did indeed massacre the Branch Davidians. No matter how the April 19th fires started, those who gassed Mount Carmel Center and rammed it with military tanks ultimately are responsible. This would be the largest massacre of civilians by federal agents on U.S. soil since the slaughter of 300 Native Americans--also mostly women and children--at Wounded Knee in 1890. Americans must ensure that law enforcement agents never again initiate or participate in another such massacre. FOOTNOTES 1/(c) 1993 Carol Moore. Copying for non-commercial distribution encouraged. 2/ Six Branch Davidians died during the February 28, 1993 raid and, at least 80 during the April 19, 1993 fire. According to several Branch Davidians, in the last few years the group had come to call themselves "Students of the Seven Seals." However, survivors do accept the use of the term "Branch Davidian" since it is so well known at this point (private communication). 3/ April 22 and 28, 1993 House Ways and Means subcommittee hearing, p. 5. 4/ Associated Press wire story, April 26, 1993, 01:26 EDT. 5/ Michael Isikoff, "Reno Strongly Defends Raid on Cult," Washington Post, April 29, 1993. ___________________________________________________ TABLE OF CONTENTS Page numbers follow headings INTRODUCTION The Public Must Know the Truth---1 Justice Must Be Done---4 Past Wacos: Government's "Historic Interest in Breaking Up Armed Groups"---4 BATF and FBI Persecution of Randy Weaver---6 Government Reliance on "Private Spies" and "Cult Busters"---8 The History of the Branch Davidians---12 Non-Weapons-Related Allegations Against David Koresh--- 15 BATF-TREASURY DEPARTMENT VIOLATIONS OF RIGHTS, EXCESSIVE FORCE AND COVERUP: THE FEBRUARY 28, 1993 RAID ON THE BRANCH DAVIDIANS 1. BATF Ignored Branch Davidians' Legal Gun Business---23 2. BATF Found No Evidence Weapons Were Purchased Illegally---25 3. "Probable Cause" Based on Biased Information About Intent---26 4. "Probable Cause" Based on Religious and Political Beliefs---28 5. Other Irregularities in the February 25, 1993 Affidavit---29 6. BATF Ignored Branch Davidian Attempts to Cooperate---31 7. Questionable Grounds for a Paramilitary Raid---34 8. Government Multi-Task Force Makes for "Partners in Crime"---37 9. Dubious Drug Allegations to Obtain Helicopters for Free---38 10. Chronology of the February 28, 1993 BATF Raid---39 11. BATF Used Excessive Force to Serve Warrant---42 12. Allegations BATF Agents Shot First---43 13. Allegations Agents Shot Indiscriminately and from Helicopters---47 14. Allegations Friendly Fire Injured or Killed Some Agents---50 15. BATF Intimidation of the Press---52 16. BATF Coverup---52 17. Treasury Department Coverup---58 18. Committee for Waco Justice Conclusions---60 FBI-JUSTICE DEPARTMENT VIOLATIONS OF RIGHTS, EXCESSIVE FORCE AND COVERUP: THE 51 DAY SIEGE AND APRIL 19, 1993 ASSAULT ON THE BRANCH DAVIDIANS 1. FBI Control of the Press and Media---64 2. Possible Illegal Use of Tanks---66 3 FBI Impatient with Conciliatory Measures---66 4. FBI Relied on Experts and Cult Busters Urging Tactical Pressure---69 5. FBI Pressure Tactics Replaced Negotiations---71 6. FBI Destroyed Crime Scene Despite Complaints---74 7. FBI Plan to Gas, Disassemble Mount Carmel---74 8. FBI Refused to Believe Final Koresh Promise to Surrender---75 9. FBI Misled Janet Reno on Need for and Dangers of Assault---78 10. Questions About President Clinton's Hostility Toward the Branch Davidians---84 11. Chronology of the April 19, 1993 Gassing, Demolition and Fire---85 12. Fatal Decision to Escalate to Demolition---87 13. Suspicious Activity by FBI Agents---93 14. Lack of Fire Precautions---95 15. Branch Davidian Statements that Demolition Trapped People---96 16. Branch Davidian Statements that Demolition Started the Fire---98 17. FBI Allegations that Branch Davidians Started the Fire ---103 18. FBI and BATF Crime Scene Coverup---105 19. "Independent" Fire Investigator Coverup---107 20. Justice Department Coverup---109 21. Committee for Waco Justice Conclusions---115 FEDERAL PROSECUTION OF THE BRANCH DAVIDIANS The Charges---117 Pre-Trial Motions and Jury Selection---119 The Prosecution Case---121 The Defense Case---123 Civil Rights and Wrongful Death Law Suits---126 SOCIAL, ECONOMIC AND POLITICAL UPHEAVALS AND THE YEAR 2000 Millennialists and Survivalists---127 Drug-Prohibition-Related Violence---128 Gun-Prohibition-Related Violence---129 Economic Unrest and Tax Rebellion---130 Secessionists and Separatists---130 COMMITTEE FOR WACO JUSTICE RECOMMENDATIONS- RESPECT THE BILL OF RIGHTS 1. Protect Right to Freedom of Religion, Speech, Press, etc.---132 2. Protect Right to Keep and Bear Arms---133 3. Protect Right to Refuse Quartering of Soldiers---133 4. Protect Right to be Secure Against Unreasonable Searches, etc.---133 5. Protect Right to Indictment by Grand Jury, Trial by Jury, etc.---134 6. Protect Right to a Speedy Public Trial, Impartial Jury, etc.---134 7. Protect Right to Trial By Jury In Civil Suits---134 8. Protect Freedom from Excessive Bail, Excessive Fines, etc.---134 9. Protect Rights Retained by the People---135 10. Protect Powers Reserved to the States or the People-- -135 DIAGRAMS AND PHOTOGRAPHS Treasury Department and BATF Chains of Command---24 Diagram and Drawing of Mount Carmel Center---41 White House, Justice Department and FBI Chains of Command---63 April 19th Diagram of Tank Damage to Mount Carmel---90 April 19th Infrared Photo of 11:59:16 of Tank Rammings and Collapsed Gymnasium---91 April 19th Infrared Photo of 12:10:40 Fires---92 ----------------------------------------------------------- ORDERING FROM THE COMMITTEE FOR WACO JUSTICE If you are interested in obtaining The Massacre of the Branch Davidians at the prices, and in the formats, mentioned below, please write or call us. Report: The Massacre of the Branch Davidians $ 7.00 hard copy $ 4.00 computer disk - specify 3.5" or 5.25" and WP51 or ASCI Miscellaneous Source Materials $10.00 Includes news articles, government documents, infrared photos, etc. CONTRIBUTIONS WELCOME!! To help us disseminate the facts about Waco to the public, press, and Congress! Please make checks to "Carol Moore." Please distribute this advertisement to other computer bulletin boards, news groups, networks, FTP sites, etc. To receive an e-mail copy of the report e-mail cmoore@cap.gwu.edu. Please allow several days to receive report. Carol Moore 202/986-1847 cmoore@cap.gwu.edu Alan Forschler 202/797-9877 alanf@cap.gwu.edu P.O. Box 33037, Washington, D.C. 20033