The
federal government has successfully negotiated past sieges, like the
1973 siege of Native Americans at Wounded Knee that lasted 70 days, and
the 1985 siege of the white supremacist group the Covenant, the Sword
and the Arm of the Lord. And despite the deaths of Samuel and Vicki
Weaver, after Bo Gritz became a third party negotiator, Randy Weaver did
surrender without further bloodshed. Toward the end of the siege at
Mount Carmel, there was a prison uprising in Louisville, Ohio which
negotiators also ended peacefully, despite the deaths of several
prisoners and death threats against guards held hostage. The FBI's
failures raise questions not only about the FBI agents and officials'
motives and expertise, but about those of President Clinton, who may
have played a much greater role in siege decisions than he has
acknowledged.
QUESTIONS
ABOUT PRESIDENT CLINTON'S MOTIVES AND ROLE
President Bill Clinton had been in office little more than a month when
terrorists blew up a garage below the World Trade Center, killing six
people. Two days later, Branch Davidians fought off a BATF assault and
four agents died. As fate would have it, three of them had served as
Clinton's bodyguards during the presidential campaign. In a March 18th,
1993 speech before employees of the Treasury Department Clinton said:
"My prayers and I'm sure yours are still with the families of all four
of the Alcohol, Tobacco and Firearms agents who were killed in
Waco--Todd McKeehan and Conway LeBleu of New Orleans, Steve Willis of
Houston, and Robert Williams from my hometown of Little Rock. Three of
those four were assigned to my security during the course of the primary
or general election." David Koresh would remain a thorn in Bill
Clinton's side for the next 51 days.
Clinton,
Altman and Buford
The Justice report devotes a section to describing President
Clinton and his staff's involvement in the siege and the FBI decision to
assault Mount Carmel. Clinton spoke with Treasury Secretary Lloyd
Bentsen the evening of February 28th. Both agreed "there shouldn't
again be a dangerous frontal assault on the Waco compound, and that the
Bradley fighting vehicles dispatched there should be kept out of sight,
for fear of inciting more violence."2/ Nevertheless, Davidians report
the vehicles began moving all over the property almost immediately.
Clinton also requested that Acting Attorney General Stuart Gerson's
Justice Department "apprise" him if the FBI was considering any tactical
moves against the Davidians.3/
The evening of February 28th Clinton also spoke with Deputy
Treasury Secretary Roger Altman.4/ Altman had been informed about the
raid beforehand and did not attempt to stop it. Roger Altman, a
long-time "friend-of-Bill," was a top Clinton campaign adviser,
fundraiser and contributor who later would be forced to resign his
position because of accusations he lied to Congress regarding the "Whitewater"
affair.5/
According to the Wall Street Journal, the day after the raid
Clinton told his Chief of Staff Thomas McLarty that he wanted "to know
the condition of one particular ATF agent who was wounded at Waco: Jay
William Buford, an acquaintance of his from Arkansas."6/ Resident
Agent-in-Charge Buford was a lead investigator and planner in the
botched February 28th raid on Mt. Carmel. Doubtless acting under
Clinton's instructions, Altman immediately made a trip to Waco and
reported the results to Clinton. According to the Justice report,
Altman returned from Waco and briefed White House Counsel Bernard
Nussbaum and Presidential Advisor Bruce Lindsey about the trip.7/
The Wall Street Journal reports what the Justice report
omits--that on March 3rd Altman also spoke to Clinton about it. The
reporter, who was doing a "day in the life story" about Clinton, wrote:
"Altman reports on his visit with the president's friend, Mr. Buford,
who was nicked in the nose by a bullet. The president wants to know if
there will be any permanent scarring. Mr. Altman says he doesn't think
so." (Buford's injuries were actually more serious, as he received
gunshot wounds to both legs.8/ Considering Clinton's sometimes perverse
relationships with Arkansas law enforcement, it is possible that Buford,
through Altman, nefariously influenced Clinton to acquiesce to BATF's
"revenge" against the Davidians.
Clinton and
Hubbell
Webster Hubbell, a former law partner of Hillary Clinton, has
been called by Arkansas Senator Dale Bumpers "the best friend of the
President of the United States."9/ Many believe Hubbell, who some claim
was the defacto attorney general during his year at the Justice
Department, in secret consultation with Clinton, had a much greater
influence on Waco decision-making than admitted.
During the siege of the Davidians Hubbell first reported to
Acting Attorney General Stuart Gerson.10/ After Janet Reno was
confirmed as attorney general he became her "assistant." He was
confirmed as Associate Attorney General, third in command, after the
April 19th fire.
According to the Justice Department report, "In preparation
for the arrival of Attorney General Reno on March 12, Gerson decided to
pass his responsibility for Waco to Hubbell."11/ The report never does
describe Hubbell's full powers under this "responsibility" and whether
Hubbell remained effectively in charge until the end of the siege.
During the April 28, 1993 House Judiciary Committee hearing,
Representative Sensenbrenner expressed concern that Hubbell had been
having "out-of-the-loop" discussions with Clinton about the standoff.
He asked FBI Director William Sessions whether the FBI had briefed
Hubbell outside Washington, D.C. Sessions admitted he did not know.
During Hubbell's May 19, 1993 confirmation hearing, Arlen Specter (R-PA)
specifically asked Hubbell if, besides his purely personal contacts with
Bill Clinton, he had had any direct contact with Clinton regarding any
issues before the Department of Justice. Hubbell answered he had only
spoken to President Clinton directly about appointment of a Supreme
Court justice.12/ Considering that in December, 1994 Hubbell pled
guilty to mail fraud--including against two government agencies, it
would not be surprising if he was similarly dishonest in his statement
to the Senate Judiciary Committee.
Evidence that Hubbell actually was defacto head of the Justice
Department and capable of just such actions surfaced in February, 1994.
Immediately after resigning in early 1994, former Deputy Attorney
General Phillip B. Heymann, who had been in charge of the investigation
into FBI actions at Waco, charged that Hubbell had become "the one
person" in the Justice Department to deal with the White House. One
reporter wrote in a Hubbell exposé, "Foes painted him as a shadowy
figure pulling strings from behind the scene at the Justice Department
and taking orders directly from the Oval Office." Hubbell, not Reno, is
said to have held the real power in the Justice Department.13/ Hubbell
resigned his position in early 1994 because of accusations of
improprieties by former law partners.
It is clear that the Justice Department exercised more control
than usual over the FBI during the siege at Waco. An hour and a half
after the beginning of the April 19th fire, Wolfe Blitzer reported on
CNN that White House sources, while denying that the White House had
been "micromanaging" Waco decision-making, conceded that the Justice
Department had been doing so. At the time FBI Director William Sessions
was facing possible dismissal as a result of various ethics violations.
As we shall see, he was a rather weak and confused leader and his ideas
were sometimes overruled by Justice Department officials. FBI agents in
the field had little respect for him and he evidently had little control
over them.
When Attorney General Janet Reno fired Sessions on July 19,
1993 Sessions complained bitterly that he "would not be part of
politicizing the FBI, from within or without." He referred specifically
to the FBI's "compromised role" in the investigations of "Travelgate"
and White House counsel Vince Foster's death.14/ However, White House
interference and politicizing of the FBI started much earlier during the
siege in Waco.
SMERICK AND
YOUNG ADVISED AGAINST TACTICAL PRESSURE
The
FBI consulted its own behavioral scientists, whose specialty was
applying psychology to law enforcement situations, but ignored their
recommendations. Pete Smerick and Mark Young recommended in several
March 5th to 9th memorandums that this was not a typical hostage
situation since the Davidians insisted on staying with their leader.
They wrote that "tactical presence. . .if carried to excess, could
eventually be counter-productive and could result in loss of life."15/
Smerick and Young recommended that the FBI "establish some
trust with Koresh" and even suggested "moving back from the compound,
not to show law enforcement weakness, but to sap from Koresh the source
of his powerful hold over his followers--his prediction that the
government was about to start a war against them." They concluded by
saying that the FBI could "always resort to tactical pressure, but it
should be the absolute last option we should consider."16/
In their last memorandum Smerick and Young did recommend mild
pressures, like sporadic cutting off of power, sudden movements of
equipment and manpower, but only if exercised with "extreme caution."
However, in April, 1995 Peter Smerick revealed to a reporter that
unnamed senior FBI officials complained the earlier memorandums were
"tying their hands." Smerick said, "The whole point of our assessment
was to provide unbiased intelligence [to FBI decision-makers]. If I
couldn't analyze it as I saw it on site, the process was jeopardized."
The FBI officials pressured the behavioral analysts to endorse the more
aggressive approach. Smerick revealed he then left Waco in disgust. He
later resigned from the FBI.17/
TACTICAL
AGENTS OVER-RULED NEGOTIATORS
Justice Department outside expert Dr. Alan A. Stone notes that "pushed
by the tactical leader [Rogers] the commander on the ground [Jamar]
began to allow tactical pressures."18/ (Civil suit attorneys have
evidence that former Dallas FBI chief Oliver "Buck" Revell also was
involved in that effort and have included him as a defendant in their
civil suits.19/) [Mr. Revell requested via e-mail it be noted he later
was dismissed from the law suit "for lack of cause." 02-02-02]
Dr. Stone criticized these actions: "I have concluded that
the FBI command failed to give adequate consideration to their own
behavioral science and negotiation experts. They also failed to make
use of the Agency's own prior successful experience in similar
circumstances. They embarked on a misguided and punishing law
enforcement strategy that contributed to the tragic ending at Waco."20/
The Justice report acknowledges that negotiators criticized
the tactical commanders for undercutting negotiations: "the negotiators
felt that the efforts of the tac"tical personnel were directed toward
intimidation and harassment."21/ Davidian David Thibodeau charges that
tactical agents would find out from negotiators what kind of harassment
most bothered the Davidians so that they could do more of it.22/
The Justice report alleges that negotiators did not believe
negotiations alone could have avoided the April 19th fire.23/ However,
Dr. Stone conducted his own interviews and found, "FBI's behavioral
scientists and negotiators. . .share my belief that mistakes were
made." He wrote they "expressed their determination to have the truth
come out, regardless of the consequences."24/ Another outside expert,
Nancy Ammerman, agreed that the FBI did have negotiators and experts
giving them good advice--advice not heeded because these individuals
were "outranked and outnumbered by the tactical types."25/ FBI
negotiators could not maintain the respect of the Davidians who quickly
realized they had little power to protect them against the aggressive
tactical agents.
FBI REJECTED
FAMILY AND THIRD PARTY INTERVENTION
FBI
commanders rejected two important negotiation tactics: allowing direct
communication between families and Davidians and allowing third parties
to negotiate a surrender. While the FBI would send in video and audio
tapes from families, in order to "drive a wedge" between Koresh and his
followers, they did not allow them to speak directly to family members.
Months after the massacre, Balenda Gamen, mother of fire survivor David
Thibodeau, recalled: "I originally came to Waco because I was challenged
by the FBI when they said to me, `There is no room for family in this
operation. Perhaps we'll do it in the future.' When I heard those
words I knew that the writing was on the wall for this community."26/
Gamen and other family members repeatedly sent the FBI and
Janet Reno faxes and registered letters requesting that they be allowed
to negotiate directly with relatives inside Mount Carmel. During the
April 28, 1993 House Judiciary Committee hearings Reno revealed that she
had never heard about the families' attempts to reach her.
During the April 20, 1993 final FBI press conference SAC Jeff
Jamar explained they did not allow family intervention because, "Who
would you choose to talk to them?" Obviously, they could have started
with David Koresh's mother. Yet when Bonnie Haldeman and Dick DeGuerin
drove up to a roadblock early in the siege, the FBI turned them away.27/
A number of third party negotiators were considered and
rejected. On March 6th FBI Director William Sessions had discussions
with Koresh's former attorney Gary Coker--who happens to be a personal
friend of Sessions from his days in Waco28/--about negotiating with
Koresh. However, FBI commanders rejected him because they thought he
merely was looking for a client. Sessions himself offered to negotiate,
but Acting Attorney General Gerson forbade it.29/
All through the month of March Davidians requested outside
negotiators including, any theologian who could convince him his
interpretation of the Seven Seals was incorrect, theologian Dr. Philip
Arnold, the Texas Constitutional Foundation Association, government
critic Don Stewart, talk show host Ron Engelman, and McLennan County
Sheriff Jack Harwell.30/ The FBI did allow Wayne Martin and Steve
Schneider to meet face to face with Sheriff Harwell on March 15th, but
would not allow Harwell a free hand as a third party negotiator.31/ On
March 16th frustrated Davidians used flashlights to send a Morse code to
reporters reading, "SOS, SOS. FBI broke negotiations. Want
negotiations from the press."32/ The FBI soon started flashing bright
lights at the compound at night, perhaps in part to end such
communications. On March 27th Steve Schneider again requested a
"neutral negotiator." Only after the Davidians were in Mount Carmel
for a full month did the FBI allow David Koresh and Steve Schneider to
meet with their attorneys.
FBI DESTROYED
"CRIME SCENE" DESPITE COMPLAINTS
One
form of harassment which had important legal implications was the FBI's
moving and destroying Davidian vehicles. This enraged the Davidians
because they believed the vans and automobiles would prove that they had
done relatively little firing at the agents hiding behind them and that
BATF was responsible for most of the shooting, including of its own
agents.
The vehicles also might provide evidence that helicopters had
shot from the air. At trial defense attorneys contended that the real
reason a Davidian's red camino was crushed by a tank was to destroy
evidence of just such holes. Davidians also complained that FBI tanks
moved and destroyed shell casings lying about the ground which would
prove the volume and direction of BATF firing.33/
Davidians were convinced that BATF and the FBI would destroy
evidence once they entered Mount Carmel. In early March, Steve
Schneider expressed fear that the government wanted to destroy Mount
Carmel because the building itself was evidence of BATF crimes.
Schneider's attorney Jack Zimmermann said, "There is no question that
the FBI is destroying evidence. If nothing else they've moved the
location of physical objects from a crime scene before they had been
photographed." Dick DeGuerin agreed. "They're destroying evidence with
the bulldozers."34/
The FBI even annoyed prosecutors when it began the removal of
the vehicles from in front of the building. On March 23rd Assistant
U.S. Attorney William Johnston wrote Attorney General Janet Reno to
complain. The FBI then agreed to "photograph, graph and grid" the areas
from which vehicles were moved in order to preserve evidence.35/
However, the Justice report does not mention if the FBI told the
Davidians about this new policy.
FBI RELIED ON
EXPERTS AND CULT BUSTERS URGING TACTICAL PRESSURE
Despite Koresh's preoccupation with the Seven Seals, the FBI never
allowed anyone who was an expert on the subject to have direct contact
with him. The only theologian the Justice report took seriously was one
from Baylor Unviersity which the report notes "has one of the largest
`cult' reference and research facilities in the country."36/ Instead
the FBI relied for advice primarily on the advice of psychologists,
psychiatrists, and--though they deny it--"cult busters" who only
confirmed the FBI's negative view of the Davidians.
FBI Relied on
Psychologists and Psychiatrists
The FBI was particularly attentive to the advice of
psychologists and psychiatrists who supported the belief that David
Koresh was mentally unbalanced and would not surrender voluntarily. Dr.
Park Dietz asserted, "continuing to negotiate in good faith would not
resolve the situation, because Koresh would not come out." Dr. Anthony
J. Pinizotto said, "Koresh displayed psychopathic behavior, that he was
a `con artist' type, and he had narcissistic tendencies." Dr. Mike
Webster opined, "Koresh appeared to be manifesting anti-social traits."
Dr. Bruce Perry and social worker Joyce Sparks, who interviewed children
released from Mount Carmel, agreed that "Koresh was stalling for time,
to prepare for his `final battle' with authorities."
Dr. Joseph L. Krofcheck (with FBI psychological profiler
Clinton R. Van Zandt) held that Koresh appeared to be a "functional,
paranoid-type psychotic," and that he was unlikely to "give up the power
and omnipotence he enjoyed inside the compound," except through "some
form of tactical intervention."37/
FBI Relied on
Three Cult Busters
There is evidence that the Justice Department tried to cover
up the FBI's association with professional or amateur "cult busters" in
response to three events: the New Alliance Party's May, 1993 suit
against the FBI for classifying the group as a "cult"; deprogrammer Rick
Ross's summer, 1993 indictment for "unlawful imprisonment"; and Nancy
Ammerman's sharp criticisms of the FBI's association with Ross. The
Justice report asserts the FBI "did not solicit advice from any `cult
experts' or `cult deprogrammers.'"38/
During the siege Ross went to Waco and continued his
propaganda campaign. He told the Houston Chronicle that Koresh was
"your stock cult leader. They're all the same. Meet one and you've met
them all. They're deeply disturbed, have a borderline personality and
lack any type of conscience."39/ During one television appearance Ross
declared he hoped Koresh would be a coward and surrender rather than end
up a corpse.40/ (On April 8, 1993, former Cult Awareness Awareness
President Patricia Ryan told the Houston Chronicle, "Officials should
use whaever means necessary to arrest Koresh, including lethal
force."41/)
Rick Ross' contention that he was in close contact with BATF
and the FBI is backed up by Nancy Ammerman's September 10, 1993 one page
addendum to her report. (Which the Justice Department did not bother to
include in its report.) In it she wrote, "The interview transcripts
document that Mr. Rick Ross was, in fact, closely involved with both the
ATF and the FBI. . .He clearly had the most extensive access to both
agencies of any person on the `cult expert' list, and he was apparently
listened to more attentively." Nevertheless, the Justice report states:
"The FBI did not `rely' on Ross for advice whatsoever during the
standoff."42/
The Justice report claims that the FBI determined Marc Breault
was talking to the media and therefore only accepted his affidavits and
electronic mail from him, but decided "not to contact him." However,
Breault in his book asserts: "as soon as the siege began. . .the FBI
tried for hours to contact us. . .they almost sent the police to drag us
to police headquarters. Just before they took that drastic action, the
negotiators broke through." Breault asserts he gave them detailed
information about Koresh and his followers and declares: "The FBI
contacted us throughout the siege. They showed us Koresh's [April,
1993] letters." Brealt further claims he and his wife "told the FBI
that Koresh was starting to lose his grip and that he would probably end
the siege violently."43/ Clearly, either Breault is lying or the FBI
and Justice Department are trying to cover up their reliance on him.
Most disturbing of all, the FBI either did not know--or did
not admit--that long-time FBI consultant Dr. Murray S. Miron, a
Professor of Psycholinquistics at Syracuse University, is an outspoken
cult critic. During the 1970s he had been involved with the Citizens
Freedom Foundation, the anti-cult group which evolved into the Cult
Awareness Network. The week of April 14-21, even while he was
consulting with the FBI, Miron published an article called "The Mark of
the Cult" in the Syracuse New Times. The article contains stereotypical
anti-cult propaganda: "The totalitarianism of the cult banishes dissent
and fosters dependence upon fallible, power-mad leaders. It is the
system of every dictator, whether benign or benevolent."44/
After reading the first and third letters Koresh sent out of
Mount Carmel, Miron concluded that they bore: "all the hallmarks of
rampant, morbidly virulent paranoia. . .In my judgement, we are facing a
determined, hardened adversary who has no intention of delivering
himself or his followers into the hands of his adversaries."45/
In typically media-savvy cult buster fashion, Miron managed to
make himself almost the only FBI consultant quoted in major media right
after the fire--thus using his FBI connections to promote his anti-cult
propaganda. On April 21st and 22nd his insulting anti-Davidian comments
appeared in the Los Angeles Times, the Washington Post and the New York
Times.46/
On April 21st Miron appeared on NBC-TV's "Today" program and
dismissed Koresh as a "diseased megalomaniac" who had been "stalling."
He then spewed forth ferocious anti-cult rhetoric: "This particular cult
was particularly destructive, particularly aggressive, being led by a
man who was a paranoid, mentally ill and psychopathic and
manipulative." With Murray Miron on their side, the FBI had all the
expert sanction they needed to gas and demolish the Davidians' home.
During the April 28, 1993 House Judiciary Committee hearing
FBI siege commander Jeff Jamar admitted, "we had a white paper on cults
that was very, very useful to us." The white paper outlined the traits
of cults with one "dynamic, manipulative, egomaniacal, psychopathic
leader." It also had repeated references to the Jonestown massacre.
Jamar asserted that the traits fit Koresh "to a T." Jamar did not tell
the committee what individual or organization gave him the white paper.
It is evident there was a definite cult buster influence on--and
justification for--decisions to replace negotiations with harassment and
to launch the gas and tank attack.
FBI'S
ESCALATING SABOTAGE
Dr.
Alan A. Stone writes: "By March 21st, the FBI was concentrating on
tactical pressure alone. . .This changing strategy at the compound from
(1) conciliatory negotiation to (2) negotiation and tactical pressure
and then to (3) tactical pressure alone."47/ A description of these
escalating tactical pressures and the Davidians' response to them,
grouped into Dr. Stone's three phases follows.
March 1-6:
FBI Relatively Conciliatory
During this period 23 of the 35 individuals to leave Mount
Carmel did so. He promised that Davidians all would exit on March 2nd
if the FBI played a 58-minute audio tape on prime time radio all over
the country. The FBI agreed to this demand. However, they played the
tape only on local stations in the mid-afternoon. Why would the FBI
lie, effectively sabotaging the exit?
Nevertheless, the FBI did not punish Koresh's change of mind,
which he explained by saying that God had spoken to him and told him to
wait. When the U.S. Attorney's office enraged the Branch Davidians by
charging with murder the two elderly women who left Mount Carmel on
March 2nd, negotiators quickly convinced them to drop the charges.
However, the FBI did read to them their very strict rules of engagement,
effectively threatening that FBI agents were free to shoot anyone they
perceived to be carrying a gun. And much to the Davidians' dismay, the
FBI cut off their phone contact to everyone except authorities, sent
armored vehicles onto the Mount Carmel property, broke promises about
getting medical help, sent their children to foster homes and refused to
let them retrieve Peter Gent's body.48/
The FBI also "bugged" Mount Carmel, sending in recording
devices with deliveries of milk, a typewriter and other requested
items. At the trial an FBI agent testified that the FBI had planted 11
listening devices in or around Mount Carmel during the siege. Many of
them were discovered and destroyed by the Davidians.49/
A Sunday Times of London article claimed that the FBI even
used aircraft to pick up conversations, infrared devices to pinpoint
individual's positions, and tiny fibre-optic microphones and cameras
inserted in walls to relay audio and visual images back to the command
center.50/ CNN reporter Bonnie Anderson revealed on April 19, 1993 that
the FBI used a robot with a fiber optic camera to look into the
windows. No such video evidence was presented at trial.
March 7-21:
FBI Increased Harassment
During this period 11 more people left Mount Carmel.
Negotiators began trying to drive a wedge between Koresh and his
followers. FBI spokespeople ridiculed Steve Schneider because his wife
Judy had borne Koresh's child. They played family tapes over
loudspeakers, using the tapes for harassment instead of persuasion, as
well as tapes of Koresh's more aggressive statements to negotiators,
hoping to undermine Davidians' faith in him. The FBI turned the
electricity on and off as a pressure tactic. On March 12th, despite the
exit of one Davidian and the promise three would exit the next day, the
FBI turned off the power for good.51/
These punishments, despite the Davidians' cooperation, made
them more distrustful. Koresh and Schneider called this "bad faith" by
the government. On March 15th negotiators made it clear they would
refuse to listen to any more "Bible babble." However, they did allow
the face-to-face meeting with Sheriff Harwell.52/
On March 19th, after the FBI sent in attorneys' letters and an
audio tape from theologian Phillip Arnold--and the FBI finally reassured
Davidians their home would not be confiscated and those not prosecuted
could return--Koresh told the FBI that "he was ready to come out and
face whatever might happen to him." He even joked, "When they give me
the lethal injection, give me the cheap stuff."53/ Between just March
19th and 21st alone ten people left Mount Carmel. The fact that in just
a few more days the Davidians legally would gain control of Mount Carmel
may have figured into Koresh's willingness to discuss surrender.
Nevertheless, the FBI began exposing the "negative part of [Koresh's]
personality"--including his alleged threats--during Davidian-monitored
press conferences explaining, "it is important for the American people
to know what we are dealing with."54/
March
22-April 19: FBI Escalated Harassment Despite Cooperation
Despite these successes FBI siege commander Jeff Jamar,
influenced by Hostage Rescue Team commander Richard Rogers, decided it
was time to increase tactical pressure and "demonstrate the authority of
law enforcement."55/ On March 21st seven people left Mount Carmel,
evidently the beginning of a mass exodus, as promised by David Koresh
just a few days before. Nevertheless, that very night the FBI started
blaring music over its loudspeaker system. They continued despite
Davidian complaints. At 11:45 p.m. Koresh sent out the message,
"Because of the loud music, nobody is coming out." The next day
Schneider asserted that the "music had been counterproductive." The FBI
did not tell the public that Koresh had been on the verge of surrender,
only that those who left had been kicked out for disobedience, drinking
or being a "drain" on their resources.56/ Nevertheless, according to
Davidian Brad Branch, Koresh gave those exiting Mount Carmel Bible
studies instructing them on the biblical purpose of their exit.57/
On March 22nd the FBI promised Koresh that if he surrendered
immediately he could communicate with his followers in jail, hold
religious services and make a worldwide religious broadcast. Probably
reacting to past FBI lies, Koresh angrily threw their letter away.58/
The last Davidian to leave Mount Carmel before the fire, Livingstone
Fagan, exited on March 23rd.
During the March 24th press briefing, as the Davidians
listened, "the FBI increased its `verbal assault' against Koresh,
calling Koresh a liar and coward, and accusing him of hiding behind his
children."59/ They even allowed BATF spokesperson David Troy get in on
the slugfest; Troy declared that Koresh was just a "cheap thug who
interprets the Bible through the barrel of a gun."60/
The FBI harassed the Davidians by blaring loud music night and
day and playing back audio tapes of negotiation and family members' and
released members' greetings. The FBI shined bright lights in the
Davidians windows all night long while loudspeakers blared sounds of
screeching rabbits being slaughtered, dentist drills, Tibetan monk
chants, telephone busy signals, clocks ticking, cows mooing, and
airplanes taking off. The FBI also "tightened the perimeter" by
stringing razor wire all around the building.
Some of the harassment was quite violent. The FBI declared
deadlines by which Davidians were to exit on March 23rd, 24th, 27th and
28th. When these were not met, the FBI removed and often crushed and
destroyed automobiles, vans, go-carts and motorcycles. Also, according
to Edward S.G. Dennis, Jr., the chief reviewer of the Justice Department
report, "Bradleys [tanks] were run up and down in front of the compound
in what negotiators believed was a show of force." Davidian Graeme
Craddock charges that late in the siege a tank actually rammed the room
two rooms west of the front door where he was sleeping, slamming into
the head of his bed. He claims that at trial he saw photographs in
which damage to the room clearly is visible.61/
Helicopters brazenly buzzed the building, reminding Davidians
of the fatal attacks of February 28th. And if any individuals tried to
leave the building without permission, agents would hurl dangerous
flash-bangs at them until they returned inside. The FBI played over and
over again the song "These Boots are Made for Walking" which contains
the line, "and if you play with matches you know you're gonna get
burned."62/
Despite the FBI's violent harassment, Davidians never
retaliated or fired a shot during the siege, even to ward off
threatening tanks or helicopters, to silence annoying loudspeakers or to
put out bright lights. Nevertheless the FBI continued to assert
Davidians posed an immediate threat to anyone within two miles.
Louis Alaniz, who snuck into Mount Carmel for several days,
described "these Bradley's running around and the guys in them shooting
the finger at these kids, and one incident where they actually mooned
some of the girls. These people were scared." Graeme Craddock, who
witnessed this, said in a June 20, 1995 interview on National public
radio: "If that was their attitude toward us, we didn't particualrly
want to go out and surrender to these people. We didn't particularly
want to sent our kids out to these sort of people." 63/
Outside expert Dr. Robert Cancro told reporters: "the threats
implicit in the use of armored vehicles, razor wire, and a tightening
perimeter tend to negate the positive and friendly tone attempted by
negotiators. . .Even a person who isn't paranoid would interpret that as
lack of consistency and good faith in negotiations. A paranoid
individual needs more reassurance, not less."64/
Edward Dennis wrote, "Some negotiators believe that as a
result of these actions the Davidians concluded that the negotiators had
no influence over the decision makers and that the FBI was not
trustworthy."65/ In early April Dick DeGuerin told reporters, "They're
still intimidated by the FBI. We're not coming out until we know the
media are going to be there."66
On March 28th Davidians sent out another home movie to assure
federal officials the children were healthy and to give members another
opportunity to reiterate their commitment to staying inside.67/ In
fact, according to Louis Alaniz, Koresh actually kept members "in line"
by threatening to make them leave Mount Carmel.68/
To show his lack of concern about the government's harassment,
at one point Steve Schneider declared "you can burn us down, kill us,
whatever."69/ Koresh told the FBI, "If they want blood, then our blood
is here for them to shed. . .We are not afraid of the government. If we
have to die for what we stand for, we're going to. I don't mind if I
die."70/ Dick DeGuerin said, "There was a collective feeling that the
harassment was making them more stubborn."71/
During the 1993 House Judiciary Committee hearing,
Representative William Hughes asked SAC Jamar which experts had
recommended they use pressure tactics like blasting loud noises all
night long, Jamar did not answer the Congressman's question, but merely
repeated his claim that the purpose of the noise was sleep deprivation.
Outside expert Nancy Ammerman also could not get a straight answer about
who had recommended these pressure tactics.72/ The Justice Department
report infers it was Rogers who decided to use these tactics, with the
consent of Deputy Assistant Director of the Criminal Investigative
Division Danny Coulson.73/
Throughout the siege, Davidians attempted to communicate with
the outside world by putting out banners that read: "Rodney King We
Understand," "FBI, God Sees Your Lies," and "Habakkuk 3:14," a biblical
reference to wretched victims devoured in secret.
FBI REFUSED
TO HONOR KORESH'S PROMISE-TO-SURRENDER
Despite all this harassment, third party intervention by attorneys and
theologians did convince David Koresh to make a credible
promise-to-surrender on April 14th. There is solid evidence that, as a
result of these contacts David Koresh did indeed receive his "message
from God" and that he and all Davidians would have left Mount Carmel had
the FBI waited only a few more days.
DeGuerin and
Zimmermann Visited Mount Carmel
Attorney Dick DeGuerin was well known for clients he had
defended in highly publicized homicides. Steve Schneider's family
retained another respected criminal attorney, Jack Zimmermann.
Attorneys DeGuerin, Gary Coker, Vic Feazell, Gary Richardson and Kirk
Lyons signed on to a temporary restraining order to prevent the FBI from
further assaulting the Davidians. DeGuerin filed a writ of habeas
corpus on behalf of Koresh.74/
However, the FBI initially refused to allow the Davidians to
consult with attorneys. In mid-March U.S. District Judge Walter S.
Smith Jr., wrote, "One simply cannot point a gun, literally or
figuratively, at constitutional authority and at the same time complain
that constitutional rights are being denied."75/ Eventually the FBI
relented and on March 28th DeGuerin met with Koresh for two hours.
DeGuerin met four more times with Koresh. Zimmermann met twice with
Steve Schneider. The last meeting was April 4th. After that point, the
FBI told the attorneys they could not re-enter Mount Carmel unless they
could assure them of an immediate surrender.76/
During DeGuerin's and Zimmerman's visits to Mount Carmel, they
inspected the damage done by BATF gunfire, saw the blood spots where
Davidians had died, and told Davidians to photograph or video tape the
damage. They reassured Davidians that Texas Rangers, not federal
agents, would investigate the crime scene.77/
Both assured Davidians they had very "triable" cases and could
be acquitted by juries on the grounds of self-defense. DeGuerin told a
reporter, "I don't think there would have been any evidence that David
Koresh held or fired a weapon during that entire stand-off."78/ Koresh
also had a will and documents prepared to protect the property and even
allowed DeGuerin to meet with New York attorneys to discuss film and
book rights to his story.79/
Zimmermann testified at trial that he had no doubt Davidians
would have exited. He described the plan Davidians had accepted tat
reassured them that federal agents would not shoot Koresh as he left the
building: Koresh would exit first with DeGuerin. Other Davidians would
exit one at a time.80/
Drs. Arnold
and Tabor Suggested Koresh Write A "Little Book"
Dr. Phillip Arnold, executive director of Houston's Reunion
Institute and an expert in apocalyptic studies and the Seven Seals, read
a newspaper transcript of David Koresh's February 28th sermon on KRLD
and immediately resolved to be of assistance.81/ He drove to Waco
several days later and explained his expertise to SAC Bob Ricks, chief
aide to SAC Jeff Jamar. However, Ricks put Arnold off several times
saying, "You could never talk Book of Revelation with him. You've never
heard anything like this."
An FBI agent did take Arnold's number and contacted him a few
days later, but he did not ask for Arnold's assistance. Dr. Arnold has
lamented that the FBI considered the Seven Seals "to be a big joke," but
noted, "The Seven Seals was [Koresh's] language, and if you didn't speak
that language, there was no way of showing him what he had to do."82/
On February 28th David Koresh told a KRLD interviewer that he
believed the attack was the fulfillment of prophecy and an opportunity
for him to spread his message--but conceded even then he was willing to
have a minister prove him "wrong." On March 17th Davidians happened by
chance to hear Dr. Arnold's five minute radio show during which he
discussed the Book of Revelation. The negotiation audio tapes reveal
that Steve Schneider told negotiators that Dr. Arnold's comments were
the "best things" they had heard so far, and that allowing him to speak
with Koresh "positively" could resolve the situation. The FBI "denied
the request."83/ Edward Dennis notes that Steve Schneider specifically
mentioned Phillip Arnold as possibly being a "theologian [who] could
convince the people Koresh was wrong" about their being in the deadly
Fifth Seal.84/ The FBI's only concession was to contact Dr. Arnold for
a copy of the tape--their last contact with Arnold--and send in the tape
of Arnold's radio show.85/
Dr. Arnold reveals that after a telephone conversation with a
reporter on March 29, 1993, it became apparent to him the government was
planning some more forceful action--he rightly guessed a gas attack. He
hurriedly contacted talk show host Ron Engelman and arranged a radio
interview between himself and Dr. James Tabor to try to convince the
Davidians to exit Mount Carmel.86/ Tabor, a professor of religious
studies at the University of North Carolina who also specializes in
apocalyptic studies, had been consulting with Arnold on the Davidians.
During the radio program they explained to Koresh that the
"little season" mentioned in the Fifth Seal, the time that the Davidians
needed to wait before the rest of them died, was not merely a couple of
months, but might be a much longer time. They stressed that the Book of
Revelation referred to a "little book" which would be given to the
world. They reminded Koresh that although he had achieved worldwide
publicity, no one knew what his message was. And they mentioned that
great prophets like Jeremiah, John, and Paul had gone to prison, and
produced great literature there.87/
Dr. Arnold gave this tape to Dick DeGuerin who took it to
Koresh on April 4th. On this date Koresh said everyone would come out
"after Passover." The FBI would later claim that Koresh had broken his
"promise" to come out after Passover. However, the Justice report
reveals that on April 9th Steve Schneider "repeated that Koresh would
not come out until told to do so by God."88/
On April 9th Koresh delivered to the FBI the first of several
defiant letters explaining God's anger at the FBI's mistreatment of his
people and warning of God's coming wrath. The FBI would use these
letters to excuse their assault on Mount Carmel. The FBI released
information about the April 9th letter to the press, emphasizing that it
was "was threatening in tone." SAC Bob Ricks said the letter would not
be made public.89/ However, the Washington Post obtained excerpts from
the April 9th letter in which Koresh wrote God might destroy a local dam
and revealed that nervous authorities were monitoring the dam.90/ On
April 10th and 11th Koresh sent out nearly identical letters.
However, on April 14th Koresh sent out to Dick DeGuerin a very
different letter. It reads, in part:
As far as our progress is concerned, here is where we stand:.
. .I am presently being permitted to document, in structured form, the
decoded messages of the Seven Seals. Upon the completion of this task,
I will be freed of my "waiting period." I hope to finish this as soon
as possible and to stand before man to answer any and all questions
regarding my actions.
I have been praying so long for this opportunity; to put the
Seals in written form. Speaking the truth seems to have very little
effect on man.
I was shown that as soon as I am given over into the hands of
man, I will be made a spectacle of, and people will not be concerned
about the truth of God, but just the bizarrity of me - the flesh
(person).
I want the people of this generation to be saved. I am
working night and day to complete my final work of the writing out of
the "these Seals."
I will demand the first manuscript of the Seals be given to
you. Many scholars and religious leaders will wish to have copies for
examination. I will keep a copy with me. As soon as I can see that
people, like Jim Tabor and Phil Arnold have a copy I will come out and
then you can do your thing with this Beast.
We are standing on the threshold of Great events! The Seven
Seals, in written form are the most sacred information ever!
David Koresh
Dick
DeGuerin immediately gave a copy of the letter to the FBI and released
excerpts to the press. Jack Zimmermann revealed on the April 20, 1993
"Larry King Live" show that Steve Schneider read him the letter on April
14th "in the most excited tone I had every heard him in the 15 hours of
our conversation. . .They said they were working day and night. David
was dictating it. . .And Steve was editing. . .The FBI only waited four
days."
On April 16th Koresh told the FBI he had finished the First
Seal and "asked for a word processor and batteries to speed production
of the other six chapters."91/ At an October 15, 1993 congressional
briefing, Dr. Tabor said that Koresh and Ruth Riddle, who was typing the
manuscript for him, worked until 9 p.m. Sunday, April 18th, putting the
final touches on the First Seal. It would have been the longest of the
seven. That meant the Davidians could have been leaving Mount Carmel in
just a few more days. Tabor said, "they were so happy that night,
shades of the last supper." Riddle escaped the April 19th fire carrying
Koresh's First Seal on a computer disk.
Drs. Arnold and Tabor severely criticized the FBI. "I think
they were convinced from the start that he was evil, horrible and
wicked. . .They didn't take his religion seriously enough. They needed
to have input from people who are trained in biblical symbols."92/
FBI Lied to
DeGuerin and Zimmermann
After receiving Koresh's April 14th promise to surrender
letter, Dick DeGuerin had a face-to-face meeting with FBI siege
commander Jeff Jamar and his second in command, Bob Ricks. In reply to
DeGuerin's asserting Koresh would come out when he finished his book,
probably within two weeks, Ricks blurted, "And then what's next? He's
going to write his memoirs?" But Jamar interrupted, looked directly at
DeGuerin and said, "No, we've got all the time it takes." DeGuerin told
interviewer Peter Maas: "I figured I had the two weeks. In my world,
you don't always have time for contracts. You have to operate on a
person's word."93/ Jack Zimmermann testified at trial that the FBI had
reneged on the agreement: "They said they wanted to resolve it
peacefully and had all the time in the world to resolve it
peacefully."94/ On April 18th the FBI assured Davidians they would help
Koresh finish his book, even as it cleared automobiles away from the
building in preparation for the next day's attack.95/
FBI Ridiculed
Koresh Promise-To-Surrender
FBI spokesperson Bob Ricks mocked Koresh's efforts: "It's like
the Peanuts cartoon--is Lucy going to pull that football out one more
time? We get the impression that's probably what's going to happen."
Ricks alleged that there were three other times in the siege when Koresh
promised to surrender.96/ However, FBI lies about playing Koresh's
sermon on March 2nd, and FBI harassment despite the apparent beginning
of a mass exit on March 21st, caused Koresh to break his first two
promises to exit. This last promise doubtless would have been the
fulfillment of Koresh's promise to come out after Passover.
The April 26, 1993 Time devoted a whole article to David
Koresh's promise to write the book and described the FBI's frustration
that it had taken Koresh four days to write 30 pages. "No one at our
place is holding his breath," said FBI special agent Dick Swensen." An
anonymous FBI official told the Washington Post, "Were we going to sit
there and wait for this guy to finish his treatises on the Seven
Seals?"97/ Bob Ricks' statement on April 16th sums up the FBI attitude:
"We are going to get them. . .to bring them before the bar of justice
for the murder of our agents. They're going to answer for their
crimes."98/
FBI Lied
After the Fire
After the April 19th fire, the FBI claimed that it had
evidence that David Koresh's contacts with his attorneys were just
stalling techniques. During his April 20, 1993 press conference SAC
Jamar claimed that listening devices picked up Davidians joking about
DeGuerin's involvement being a ruse, a claim the Justice report
repeats. However, while prosecutors threatened to play this alleged
tape during the trial, they never did so.99/
At the April 20th FBI press conference Jamar also asserted,
"This latest business with the Seven Seals, we have intelligence that it
was just one more such stalling technique." (He said this twenty-four
hours after Texas Rangers confiscated the computer disk from fire
survivor Ruth Riddle!) When a reporter pressed him for "hard evidence"
that "writing of the biblical manuscript was just another stall," Jamar
replied his evidence was "intelligence information we're not prepared to
disclose now." However, the FBI never has provided such intelligence
information, including at trial.
Justice
Report Misrepresented Koresh's Letter
The Justice report includes the April 14th letter after the
April 9th and 10th letters in an appendix. However, only Koresh's April
14th phone call is mentioned in the chronology for that date, while the
April 9th letter is quoted extensively and the April 10th letter
analyzed. When the report finally mentions the letter, it inaccurately
describes it as "Koresh's request that the FBI give him time to finish
his manuscript about the Seven Seals." It then dismisses the letter,
noting, "Dr. Miron noted that the letter appeared to be ploy designed to
buy more time for Koresh." This statement by a defacto cult buster is
the only evidence the report presents that Koresh's writing his book on
the Seven Seals was a stalling technique.100/
The negotiation tapes reveal that on April 15, 1993, an FBI
negotiator claimed that Koresh's writing his book was mere "stalling."
Steve Schneider replied, "If I was stalling, I'd pull out the phone
cord. If you think we are stalling, run ten tanks through the
building. If you think we're stalling, do what you want. You'll see
what these people are made of." Schneider made the FBI aware that
Davidians would not be pushed out of Mount Carmel by a tank attack.101/
Dr.
Ronald Theman, Dean, Harvard Divinity School told ABC news the day after
that fire, "If there had been better understanding of the worldview out
of which he was operating, there would have been an opportunity to give
him a way out."101/ What is clear is that those who understood Koresh's
worldview actually had convinced him to come out. However, FBI agents
in Waco, and their BATF cronies, were more concerned with punishing the
defiant Davidians and destroying evidence of BATF crimes than convincing
them to exit the building.
FOOTNOTES
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