If the Congress would open up again what happened at
Waco and lay everything on the table. God, if our government would be
honest with us for a change, then the people would not have to feel this
kind of anger. We could trust. That's why people are so frustrated.
David Thibodeau1/
The
initial disgust with the government's actions felt by millions as they
watched the fires kill so many Branch Davidian men, women and children,
quickly turned to rage at Koresh and his followers as FBI agents and
officials, Attorney General Janet Reno and President Bill Clinton
defended their actions and attacked David Koresh. The press and public
bought the whole package of lies and distortions about the BATF raid,
the 51 day siege and the April 19th fire. Janet Reno's hard-bitten, "I
made the decision. The buck stops here," transformed a decision based
on FBI false information, and Reno's "cursory review" of that
information, into a heroic moral act.
1993
CONGRESSIONAL HEARINGS REVEALED LITTLE
The
U.S. Congress, which is supposed to protect citizens against such abuses
of executive power, bought the lies as well. As notorious poll
watchers, congressional members could not ignore polls claiming 93
percent of the public backed the FBI's action! During the April 22,
1993 Senate Appropriations subcommittee on Justice, State and Judiciary
hearing Democratic Senator Bob Kerry told Reno, "I think the vast
majority of Americans support the President's explanation of what
happened and are enthusiastically supportive of the way you handled the
situation."
A few representatives spoke out against federal actions after
the fire. Representative Harold Volkmer charged that the initial attack
on the 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."2/ Representative John Conyers branded the April
19th 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."3/
However, most representatives largely applauded the efforts of
BATF and the FBI. They asked few searching questions that could have
brought out the truth about government crimes. Absurdly, even the
television movie "In the Line of Duty: Ambush at Waco," which was aired
in May, 1993, before one of the most important hearings, managed to
uncover important facts which Congress never discovered: that Davidians
were working with a licensed gun dealer, that they used legal "hellfire"
devices that make guns fire more rapidly, that BATF tried to bypass the
Sheriff's office because of the social worker's allegations of "leaks",
and that a Davidian in a postal truck was alerted accidentally to the
impending raid by a news person.
What was truly frightening about the April 22, 1993 House Ways
and Means subcommittee hearing was that, compared to several committee
members, BATF Director Stephen Higgins looked like a staunch civil
libertarian. After presenting a number of affidavits, Higgins stated,
"We had a feeling that something illegal was occurring. The Davidians,
as you can see from the affidavit, legally were ordering various parts
and components . . .What we were trying to establish was: were they
violating the laws?" Committee Chair J. J. Pickle cut Higgins short,
declaring: "But, Mr. Higgins. You knew that. That was not the
question. You knew they were doing that. You knew they were violating
the law."4/
Later Representative Santorum expressed his concern that BATF
had been "outgunned" during the "assault" and wondered, "is there a
problem with your funding as far as your capability of weapons?"
Higgins felt pressed to remind him that "outgunned" was an "unfortunate
choice of words in that we did not go there to engage in a gun battle,
that is not the way we conduct law enforcement in this country." He
even reminded representatives, "We. . . as law enforcement do not have
the right to fire through walls and ceilings and roofs."5/ Of course,
Davidians and their attorneys accuse BATF agents of doing just that--but
no one on the subcommittee ever had an inkling of that fact.
Early in the most in-depth hearing, the April 28, 1993 House
Judiciary Committee hearing, any pretense Congress would delve into BATF
and FBI crimes was shattered when C-Span microphones and cameras caught
committee chair Jack Brooks joking with FBI agents (probably Ricks and
Jamar): "You know what I'd a done?" asked Brooks. "The first night, I'd
a run everybody off, quietly put a bomb in that damned water tank. Put
tear gas in there. If they wanted to shoot, kill 'em when they came
out. If they didn't want to shoot, put `em in a paddy wagon. It'd been
over by twelve-thirty. That's what Brooks would do!" And during the
hearing Brooks made it very clear why he felt so free to make such a
joke--he said he had already "read the verdict" on David Koresh in the
Gallup Poll.
Appearing at the hearings were BATF Director Stephen Higgins,
Attorney General Janet Reno, FBI Director William Sessions, and a
phalanx of FBI officials and agents, including Jeff Jamar, Bob Ricks and
Dick Rogers. Details of the disinformation and propaganda disseminated
at this hearing has been examined here.
Webster Hubbell's May 19, 1993 Senate Confirmation hearing
transcript reveals that Senate Judiciary Committee members did not ask
Webster Hubbell a single question about the massacre of the Branch
Davidians, despite his crucial decision-making role. Senator Arlen
Spector did ask Hubbell if he had had any direct contact with Clinton
regarding any issues before the Department of Justice. Hubbell answered
that the only topic they discussed was appointment of a Supreme Court
justice. Considering Hubbell's subsequent guilty pleas for fraud,
including against government agencies, his honesty here must be
questioned.
The House Appropriations subcommittee on the Treasury's June
9, 1993 hearing focused solely on BATF's actions. Committee chair
Democrat Steny Hoyer began the hearing by blaming the deaths of BATF
agents and the fire on Koresh. Representative Lightfoot quickly upped
the ante, saying, "Just because Adolf Hitler is dead, just because David
Koresh is dead, just because people of that ilk are no longer on the
face of the earth, does not mean there are not others out there just
like them."6/
The most newsworthy revelation of the hearing was the playing
of the 9-1-1 tapes, the first unveiling of this evidence of the
Davidians' terror and BATF agents' brutality to the public. After
hearing the tape of distraught citizens begging for police to "call it
off" and shouting that they were being fired upon by helicopters,
committee chair Steny Hoyer commented: "First of all, we do not play
this tape for the veracity of the representations made be either Mr.
Koresh or Wayne Martin. I want everybody to know that. We are not
publishing this because we think the representations they made were
correct. As a matter of fact, we specifically do not believe they were
accurate, and we believe those were misrepresentations."7/ Ten months
later, the Davidian jury in San Antonio took the 9-1-1 tapes much more
seriously.
1995 HOUSE
HEARINGS RAISED MORE SUSPICIONS
In
November, 1994, Republicans took control of both the United States
Senate and House of Representatives for the first time in 40 years.
Members of the new Congress, many elected by pro-Second Amendment
constituents, vowed to re-open hearings into BATF and FBI actions
against the Davidians. The Oklahoma City bombing reinforced their
desire for hearings--if only to debunk "conspiracy theories."
Not surprisingly, the Clinton administration resisted the
hearings which were co-sponsored by subcommittees of the House Judiciary
and House Oversight and Reform Committees. On the May 14, 1995 "Face
the Nation," White House Chief of Staff Leon Panetta pronounced those
calling for hearings "despicable." Treasury Secretary Robert Rubin
publicly begged Congress not to use the hearings to undermine law
enforcement. He later requested Democrat Bill Brewster of Oklahoma, a
member of the committee, not ask questions that would "make the
administration look bad."8/
Mean-spirited White House and congressional Democrats
sabotaged the ten day hearings in July, 1995. The Republican majority
had to fight to get access to White House documents. The Justice
Department gave them 48,000 jumbled documents with no index. The
Justice Department refused to allow a highly reputed engineering firm to
x-ray the Davidians' weapons to discover if they had in fact been
converted when the department learned the National Rifle Association was
paying the firm. (Republicans rejected the Justice Department offer to
bring the guns to Washington and conduct its own x-ray analysis; perhaps
they suspected the department would merely use the guns as a propaganda
photo-opportunity, while not properly testing them.) The Defense
Department failed to provide post-fire reports on whether tanks, at
which the FBI alleged Davidians had shot on April 19, actually showed
any evidence of bullet damage. And, of course, the Justice Department
was unable to comply with Congressional requests to provide the missing
half of the front door or the missing February 28, 1993 video tape.
Most of the ninety-four witnesses the Republican majority
called were culpable agents and officials or their apologists. Only
eight gave first-hand accounts of the Davidians' side of the story.
Unlike during the Davidian trial, where at least defense attorneys could
cross-examine witnesses, there were no knowledgeable individuals able
and willing to counter point-by-point federal agents' and officials'
innumerable and repeated exaggerations and lies. Since so many of these
still face potential criminal charges, it is not surprising some
committed the relatively minor offense of lying to Congress to cover up
their crimes.
Republican committee members, many of them former prosecutors
or law enforcement agents, were intimidated by the Democrats' shrill
accusations that Republicans were using the hearings to undermine law
enforcement and re-habilitate David Koresh. The focus of the hearings
became not law enforcement abuses of citizens' rights, but how to
bolster the credibility of law enforcement. At the end of the hearings
Republican co-chairs Bill Zeliff (R-NH) and Bill McCollum (R-FL)
asserted the hearings had "put to rest conspiracy theories."
However, this assertion is illusionary. The 1995 House
hearings brought out little information not already available to the
public, much of it included in this book. Many important questions and
issues never were raised. And the new information revealed only
supports the "conspiracy theory" advanced herein: FBI and Justice
Department official turned a blind eye while FBI agents in Waco
sabotaged negotiations with Davidians in order to give the FBI an excuse
to destroy evidence that BATF agents murdered six Davidians during and
after their reckless February 28, 1993 raid.
FBI negotiation tapes released just before the hearings show
Davidian Steve Schneider told negotiators: "There were a lot of people
that got to look out those windows and saw first hand what happened at
that approach to the door. They saw. These people get the idea that
those on the outside want to do us all in so there's no evidence,
period, as to what happened. That they might want to burn the building
down. They want to destroy the evidence. Because the evidence from the
door will clearly show how many bullets and what happened. . .If this
building stands, and the reporters, the press, get to see the evidences,
it's going to be seen clearly what happened and what these men came to
do." And he worried, "The press are so far back that you guys could
come and blow us away and give any kind of a story you want to."
Democrats and law enforcement witnesses did conduct a highly
successful campaign to demonize David Koresh and the Davidians. The
first day of the hearings Democrats threw their biggest "stink bomb"
when they presented fourteen-year-old Kiri Jewell and her father David.
For the first time Kiri made public her allegation that David Koresh had
sexually molested her when she was ten-years-old. Ambushed Republicans
were ignorant of the facts that Kiri had refused to press charges
against David Koresh, that even the Department of Justice admitted her
statement was insufficient probable cause to indict Koresh, or that her
father had put her on the "Donahue" show during the siege as he
negotiated to sell her story to television. After the hearing Jewell
exposed Kiri to more public scrutiny, doubtless for profit, on two
nights of the tabloid television show "Inside Edition."
Throughout the hearings Democrats repeatedly referred to
Jewell's testimony, as well as other questionable accusations, as if
they excused every law enforcement action against Davidians. The
nefarious influence of "cult busters" like Marc Breault, David Jewell
and Rick Ross on BATF and FBI decision-making never once was mentioned
during the hearings. The now-deceased Murray Mirons' anti-cult bias
never was exposed.
BATF and FBI agents and officials, as well as Treasury and
Justice Department officials, continued this pattern of demonization.
They repeatedly used fantastic worst-case scenarios to excuse their
actions: Davidians might assassinate anyone who attempted a peaceful
service of warrant; Davidians might attack the citizens of Waco;
Davidians might commit mass suicide if there was a siege; Koresh might
start systematically shooting other Davidians; Davidians might break out
of Mount Carmel with a gun in one hand and a child in another; Davidian
supporters might blow up a dam or attack federal agents.
Representatives rarely challenged these absurd law enforcement
fantasies.
Republicans were angry to learn BATF ignored David Koresh's
July, 1995 invitation to BATF, through gun dealer Henry McMahon, to
inspect his guns. They solicited from a number of expert and law
enforcement witnesses opinions that such an invitation always should be
accepted, if only as a means of gathering information for a search
warrant. One representative castigated Treasury official Ron Noble for
not mentioning the invitation in the official Treasury Department
report.
Republicans challenged the need for a paramilitary raid to
serve the search warrant. They established that BATF agents had misled
the military by claiming that there was a methamphetamine laboratory at
Mount Carmel in order to receive training from Joint Task Force
6--training they could obtain only if there was a drug nexus. However,
none of the BATF raid commanders would confess to having lied to the
military. Meanwhile, Special Forces officers denied either illegally
teaching BATF agents techniques like room clearing or attending the raid
dressed in "civvies."
U.S. Attorney Bill Johnston denied any role in planning the
raid--contrary to the Treasury Department report's assertion and his own
statements at trial--or that he witnessed the February 28 raid. Raid
co-commander Chuck Sarabyn's excuse for having no written plan was the
fact that the raid was moved up one day. He claimed commanders of the
six different teams did not have a chance to merge their separate plans.
Issues regarding raid co-commanders Phillip Chojnacki and
Chuck Sarabyn dominated the BATF raid panel--and distracted from the
issue of the unnecessary brutality of that raid. Had they had lied
about not knowing surprise had been lost? Why did BATF re-hire them
despite their lies? Why did BATF destroy the files regarding their
actions? Did Sarabyn really carry the warrants, as he claimed? (He
said he left them in his truck where "they got all shot up," inferring
they were not recovered after the FBI towed the truck away.) The
Justice Department, looking for some bone to throw to critics of the
government's actions, may yet prosecute Sarabyn and Chojnacki for lying
to the Treasury review. However, if the agents do have information that
could seriously harm BATF or the Clinton administration, they again may
escape any real discipline.
BATF agents repeated lies about an "ambush" in which dozens of
Davidians assaulted them with machine guns, .50 caliber rifles and
grenades. No one challenged them on the lack of physical evidence that
these weapons were used. When tearful BATF agent Jim Cavanaugh cried
that Davidians had "cannons" and BATF had "popguns"--i.e., only
9-millimeter handguns--no one reminded him that other witnesses had
testified BATF agents carried high-powered AR-15 rifles and MP-5
submachine guns.
The issue of whether agents had fired from helicopters was
explored, without any systemic presentation of the evidence that they
had, and no discussion of Davidians' assertions four died from that
gunfire. Davidians David Thibodeau and Clive Doyle, who saw evidence of
helicopter gunfire after the fact, were allowed to describe what they
and other Davidians saw; surviving Davidians who actually witnessed
shooting from the helicopters were not called as witnesses.
One document indicating agents considered using such gunfire
was found among thousands turned over to Congress. A handwritten note
by some unknown Treasury Department review official read: "HCs
[helicopters] as a diversion. Simultaneous gunfire. Worked in
Seattle. Three to four hundred meters from boundary. Hover. Practiced
at Hood." (Assumedly Fort Hood, where BATF agents trained.)
BATF agent Davy Aguilera revealed that, contrary to one BATF
official's assertion, BATF agents in the Blackhawk had had their weapons
loaded. He also disclosed agents had been told they would be permitted
to fire in self-defense. When asked if any agents had fired, he
answered, "No." Raid co-commander Phillip Chojnacki responded to the
same question with, "Not to my knowledge." Melvin Watt (D-NC) presented
statements from the rest of the agents in the Blackhawk that they had
not fired.
Treasury official Ron Noble asserted the Treasury Department
had investigated the issue of firing from helicopters thoroughly--even
though the allegation was never mentioned in the department's official
report. By refusing to take the steps necessary to find out the truth
about firing from helicopters, committee members committed their most
blatant act of complicity in cover-up.
One important revelation was that the Department of Justice
halted its post-February 28 raid shooting review because agent stories
"did not add up." Officials were worried that the interviewers were
generating "exculpatory" material that could help the Davidian
defendants at trial. One memo expressed hope that the memories of those
agents not interviewed would "dim" before trial. Davidian attorneys,
Texas Rangers and others charged that this was an unprecedented attempt
to interfere with the right to a fair trial. Should Davidians receive a
re-trial, or should there be another round of appeals, this memorandum
surely will become an issue.
Another document discovered by staffers revealed that on the
morning of February 28 an unnamed BATF agent in Waco informed BATF's
Washington office that the BATF raid had been speeded up because of
David Koresh's "comments" to the undercover agent. Treasury official
Ron Noble tried to explain this away as an after-the-fact record, of no
consequence.
Two evidences of BATF and FBI solidarity emerged during the
hearing. Tank drive James McGee emotionally testified: "I'd like to pay
tribute on behalf of the Hostage Rescue Team to those four ATF agents
who sacrificed their lives for this country. And I'd also like to offer
my condolences to their families and also to those agents, those 17 plus
who were wounded by hostile fire at the Branch Davidian compound." And
social worker Joyce Sparks revealed that while an FBI agent had
contacted her about helping women and children if there was a gas
assault, it was definitely a BATF agent who called her back later the
same day and said her involvement was canceled. Representatives did not
follow up on this damning evidence of BATF involvement in the gassing
plan.
Despite the use of tanks to destroy Mount Carmel, there was no
real challenge to their legality once military representative assured
Congress that the tank artillery was not armed. Congress discovered for
the first time that British Special Air Service members advised FBI
agents about their actions in Waco. Special Air Service is involved
with repressive British civilian law enforcement in Northern Ireland.
Republicans demanded Janet Reno look into the matter.
The House hearing did elicit abundant evidence that FBI agents
sabotaged negotiations. Former FBI behavioral scientist Peter Smerick
explained that his superior John Douglas told him that FBI Director
William Sessions was unhappy with his analysis and favored stepped up
tactical harassment. He felt a "self-imposed" pressure to please his
superiors and alter his memorandum. However, Sessions himself denied he
supported increased harassment and suggested representatives find out
where the opinion credited to him really originated.
Smerick also admitted that there were a number of incidents
where the FBI destroyed Davidian property after Davidians had cooperated
with them. And FBI siege commander Jeff Jamar revealed that there was a
Hostage Rescue Team member in the room with the negotiators at all
times--supporting Davidians' contentions tactical agents used
information from negotiators to sabotage negotiations.
Dick DeGuerin disclosed that David Koresh told him that he
would surrender to the Texas Rangers. The Rangers said they would
accept such a surrender if DeGuerin arranged it with the FBI. But, as
usual, the FBI rejected any such third party efforts, no matter how
credible or promising.
Testimony on the fifth day of hearings by DeGuerin, attorney
Jack Zimmermann and theologians Phillip Arnold and James Tabor effected
a minor turn-around. Representatives received convincing evidence that
Davidians' religious convictions were sincere, that they did intend to
exit as soon as Koresh finished his short book about the Seven Seals,
and that the FBI had lied when they assured Koresh and his attorney they
would permit him to finish his book. Several committee members studied
transcripts of Koresh's repeated statements in the last days that he was
working on his book and eager to exit Mount Carmel and stand trial.
They were impressed by Koresh's statements, "I'll be out. Yes.
Definitely. . .It's clarified. Lock, stock, and barrel it," and by his
jokes to negotiators, "I'll be in custody in the jailhouse. You can
come down there and feed me bananas if you want," and "Did you take a
shower for me?"
Representatives grilled siege commander Jeff Jamar, chief
negotiator Byron Sage and HRT commander Richard Rogers about who ordered
them to go ahead with the gas and tank assault despite this evidence
Davidians would soon exit. Jamar asserted to skeptical Republicans that
he got no pressure from FBI or Justice Department officials and that the
decision to go ahead was his. Subsequent testimony by Jamar, Sage and
Rogers seemed to support Jamar's contention–and the theory that agents
in Waco were allowed full reign by, rather than tightly controlled by,
their FBI and Justice Department superiors.
Jamar and Sage both contended that they gave little weight to
Koresh's April 14 promise-to-surrender letter because Koresh "always"
talked about the Seven Seals and coming out and that this was just one
more Koresh lie. Jamar asserted Steve Schneider told negotiators that
he had no idea when Koresh would finish the First Seal and that Judy
Schneider declared it might take her a year to finish typing the
manuscript. However, Republicans familiar with the negotiation
transcripts countered that Koresh was working on the Second Seal, that
Steve Schneider had seen pages from the First and said he could quickly
edit them, and that Judy Schneider merely had made a sarcastic comment
about how long it would take her to type the manuscript using a manual
typewriter. They noted that on April 17 Koresh had promised to send out
the First Seal to the FBI in a few days.
Jamar first tried to challenge the authenticity of the First
Seal brought out by Ruth Riddle. He then claimed he had to execute the
gas plan because he did not have hard copy to show the "on-site
commanders" as proof that Koresh was writing the book. When Republicans
did not buy these excuses, Jamar fell back on FBI paranoia--the FBI had
to launch their assault because Davidians might suddenly break out of
Mount Carmel shooting or commit mass suicide.
Byron Sage admitted he provided little information to his
superiors about what even representatives began to call "Koresh's
promise-to-surrender." He sent a copy of David Koresh's April 14
surrender letter solely to FBI analysts in Washington who sent it to FBI
consultant Murray Miron. Only this analysis was forwarded to FBI
officials and Attorney General Janet Reno. It was revealed that Webster
Hubbell had initiated the April 15 call to chief negotiator Byron Sage
after Justice Department officials learned, probably from a newspaper,
of Koresh's promise to exit after writing the Seven Seals. Sage
conceded he mentioned no agreement with Koresh and did not read Hubbell
the contents of the letter. Hubbell asserted Sage inferred they had
abandoned all negotiations--Sage replied that Hubbell had misunderstood
him.
Jamar admitted that while he believed there was a 99 percent
possibility Davidians would fire on tanks and that the FBI would speed
up the gas and tank attack, he had not shared his certainty with FBI or
Justice officials. Former FBI and Justice officials Larry Potts, Floyd
Clarke and Webster Hubbell asserted that had they known this, they might
have reconsidered the plan. Despite this blatant evidence of
ill-intent, Republicans refused to label Jamar's and Sage's actions
anything more than bungling.
On the last day of the hearing the sole witness was Attorney
General Janet Reno. Representative McCollum systematically shot down
her stated reasons for approving the gas and tank assault: that
negotiations were at an impasse, children were being abused, the Hostage
Rescue Team was becoming fatigued and she feared a violent breakout or
suicide by Davidians. Similarly Mark Souder (R-IN), reviewing the
dangers of the gas and tank attack to the children, asserted he could
not believe she approved the plan for the good of the children.
Pushed to the wall, Reno admitted, "You are right. The reason
we did it was that they were dangerous people and they weren't coming
out." Nevertheless, she denied that her reasons for approving the plan
had anything to do with what one FBI memorandum spotlighted--weakening
of the FBI's authority.
Janet Reno continued to defend FBI agents and officials,
despite mounting evidence that they had withheld information from or
misled her. In her eagerness to excuse her decision, Reno asserted at
least three times that Steve Schneider had said it might take six months
or six years to finish the manuscript. Finally, Representative McCollum
put a stop to her false charge by informing her that there was no such
statement in the transcript.
It was discovered that in the April 12 briefing book given
Janet Reno that the FBI falsely claimed studies showed the gas would not
seriously harm children. However, even Dr. Harry Salem, who had advised
Reno, admitted that there were only two studies of children exposed to
the gas; they had been exposed for only a few hours, not forty-eight
hours. In earlier testimony, chemistry professor George Uhlig held that
CS gas could render a poorly ventilated room "similar to one of the gas
chambers used by the Nazis at Auschwitz." Bob Barr (R-GA) had displayed
the autopsy photo of a six-year-old girl who died in the concrete room
of the kind of inflammation of the throat and lungs caused by
over-exposure to CS gas. John Mica (R-FL) forced the embarrassed Reno
to admit that she did not know that the children did not have gas
masks. (It should be noted that Department of Defense Treaty Expert
Hays Park claimed that CS gas is outlawed by treaty not because it is
dangerous but because the enemy might think its opponent was using
poison gas and escalate to the use of that gas.)
Steven Schiff (R-NM) questioned Janet Reno's repeated claims
that only the FBI HRT could protect the perimeter against the extremist
militia groups which were threatening to attack Mount Carmel, to either
support or destroy Davidians. (This was a reference to Linda Thompson's
tiny April 3, 1993 "unorganized militia" demonstration.) Given recent
publicity about militia activities, Reno obviously was trying to make
political hay out of what was in 1993 a minor issue.
Representative McCollum closely questioned Reno on whether
she knew siege commander Jamar believed there was a 99 percent chance
the Davidians would fire. Reno hesitated, then fumbled into admitting
her ignorance: "We expected them to fire, perhaps, in certain instances,
or we wouldn't have put the people in the armored vehicles." (At one
point, defending the FBI's use of military tanks, Reno callously
compared the tanks to "a good rent-a-car.")
However, Reno successfully avoided answering another important
question--did she know that once Davidians fired the FBI would quickly
accelerate the gassing plan and even proceed to demolition? In a
dramatic earlier exchange, Floyd Clarke (corrected) under aggressive
questioning by John Shadegg (R-AZ), conceded that the FBI's destruction
of the gymnasium was part of the speeded up plan to demolish the
building. Clarke angrily declared that Janet Reno's April 12 briefing
book outlined that plan and FBI agents had full authority to implement
it. Predictably, Jamar and Rogers denied that they were in fact
beginning demolition.
Little was learned about decision-making on April 19. Chief
negotiator Byron Sage admitted that the FBI thought the Davidians were
"not into suicide per se, but sacrifice." In effect, Sage admitted FBI
agents knew the Davidians would not be driven out of the building, no
matter how fierce the government's gas and tank attacks.
Representatives were confused about what time Attorney General
Reno left the FBI Operations Center on April 19 and did not press her to
reveal to whom she spoke after she left. Despite their attempts to link
Bill Clinton to the operation, Republicans never asked her about her
11:00 a.m. eastern time phone call to him, which she mentioned during
the April 28, 1993 House Judiciary hearing.
In contrast to Reno's claim during that hearing that she told
the FBI to call off the attack if the children were endangered, she now
admitted she was reluctant to call it off. "I don't know what the FBI
would have done if I'd done so when their lives were at risk." And she
let the FBI talk her into leaving the Operations Center, buying their
argument it would "attract attention" if she canceled her speech.
While many representatives seemed convinced that the FBI had
proceeded to demolition of the building, most still accepted
unquestioningly the FBI and Justice Department assertion that Davidians
started the fire. They barely challenged Jamar's and Sage's false
accusations that Davidian survivors admitted Davidians started the fires
or FBI agent John Morrison's claim he had seen a Davidian start a
fire--despite his testimony under cross-examination at trial that he did
not know what the suspect Davidian was doing. Representative McCollum
conceded that after reading the government-created April 19 surveillance
transcripts he still could imagine innocent interpretations of Davidian
conversations about spreading and pouring fuel. Nevertheless, he later
concluded that Davidians started the fire.
Fire investigators Paul Gray and James Quintiere presented
selectively edited infrared and television video and fire report
evidence that the Davidians started the fire. Quintiere did concede the
fire started on the second floor just ninety seconds after the tank
ripped out the corner of the building directly below it. (Unlike the
duplicitous Gray on "Nightline," Quintiere admitted that both front and
side windows belonged to the same room.) Quintiere challenged
accusations the fire started there accidently, asserting the infrared
video would have picked up any accidental fire from the moment of its
inception. Of course, he never claimed that the infrared video picked
up the early inception of the fires he alleged Davidians started.
Former army and BATF fire investigator Rick Sherrow, who has
been consulting in Davidian civil suits, also was on the panel. He
criticized the government for destruction of, and withholding of,
evidence of how the fire started. And he criticized Gray and Quintiere
for their ignorance of the flammability and toxicity of CS gas and
methylene chloride and their rejecting evidence of accidental fire.
Davidian Clive Doyle denied that Davidians started the
fire--though he did admit that early in the siege a few Davidians had
discussed making Molotov cocktails to defend themselves against the
tanks. And he put to rest theologians' theories that Davidians thought
they could set Mount Carmel on fire and, through faith in God, survive
the fire. Doyle replied that only God could create such a salvational
"ring of fire."
Four skeptical representatives repeatedly questioned FBI siege
commander Jeff Jamar, Larry Potts and Janet Reno on why the three FBI
monitors listening to the surveillance device inside Mount Carmel could
not hear suspicious-sounding Davidian conversations about spreading and
pouring fuel. The three variously replied that there was too much
background noise, that the conversations only could be heard when they
were enhanced, and that no notations of such conversations appeared in
the FBI monitors' logs. (Davidian defense attorney Tim Evans earlier
had revealed that defense attorneys never did receive those monitor
logs. Neither, evidently, did the House committee.) Richard Rogers,
Jamar and Reno all argued that agents would have called off the attack
and pulled back the tanks immediately if they had had any idea that
Davidians were planning to burn down Mount Carmel.
However, in his first day of testimony, Byron Sage made the
ambiguous statement that in the first minutes of the gas attack, "The
microphones indicate two things--they immediately donned gas masks and
they immediately began to spread fuel." Later in the hearing, Jeff
Jamar made the more incriminating statement that tanks were trying to
gas further inside the building because "there was information that they
apparently were able to go places where they didn't need masks. We
either heard that on the over hears, it was reported." ("Over hear," of
course, would be the surveillance device, heard by monitors. They
reported to Jamar.) Obviously the three monitors must be questioned on
this and their logs reviewed.
Republicans tried mightily to find evidence that President
Bill Clinton had some improper influence on the fatal decision to gas
Mount Carmel. Attorney General Janet Reno explained that a memorandum
instructing Acting Attorney General Stuart Gerson to inform Clinton of
any aggressive tactical actions was a product of Clinton's concern about
an unknown Republican holdover. Friend-of-Bill Webster Hubbell denied
repeatedly that he and Clinton had discussed the Waco situation
informally, and improperly. This despite an Associated Press article
claiming Hubbell had revealed he was giving Clinton updates on Waco and
despite a memorandum in which Treasury official Ron Noble asserted
Hubbell would take the matter up with Clinton if the Treasury
Department's review did not downplay BATF errors.
Representatives learned that deceased White House assistant
counsel Vince Foster was the White House contact given to Texas Rangers
by the Texas Governor's office and that Foster's "Waco file" allegedly
contained only a memorandum forwarding to Treasury the "Waco, the Big
Lie" video. When Janet Reno was questioned about whether Foster's
statement on his "suicide note" about the FBI lying to the Attorney
General referred to Waco, she explained it related to "Travelgate."
Republicans found no smoking gun proving Clinton's involvement.
Early in the hearing Frederick Heineman (R-NC) declared, "We
as a Congress are on trial here. We have to be credible to the people.
Because if we are not credible about the oversight of government
agencies, then who is?" However, the hearings did little to reassure
millions of Americans that Congress will punish federal agents, even
when they commit mass murder.
In emotional testimony attorney Jack Zimmermann told of a
phone call from the sobbing mother of Davidian and Israeli citizen Pablo
Cohen who died in the April 19 fire. Zimmermann recalled, "Then she
described for me, an Israeli Jew talking to an American Jewish lawyer,
watching that gas be inserted into that building, watching an American
tank knock down an American house and then it burst into flames. Can
you imagine the images in an Israeli's mind with the Holocaust survivors
in Israel?. . .I could not explain to her how that happened. And her
comment was, 'I thought he would be safe in America.'" Millions of
Americans want to ensure there are no more such Holocausts in America.
"WACO, NEVER
AGAIN"
In his
paper "Mount Carmel: The Unseen Reality," Davidian Livingstone Fagan
writes: "Whilst not everyone is required to go through our experience at
Mount Carmel, everyone is required to give a response of approval or
disapproval." Fagan speaks in terms of spiritual salvation, yet his
words also can be applied to national salvation. For the government's
massacre of the Davidians created a great divide among Americans, one
ripped open even wider by the Oklahoma City bombing. On one side are
those who know a great wrong was done and want to know the truth and see
justice done. On the other are those who lay all blame on the Davidians,
passively accept the government's explanation--or worry that a thorough
investigation would rattle the political establishment.
As a person who spent 30 hours a week for 18 months writing on
the subject, I know the mass of confusing and sometimes conflicting
testimony and evidence ' 0 st be sifted through. I know that even a
week of congressional hearings in each house of Congress merely will
scratch the surface of the crimes committed against the Davidians. Only
an Independent Counsel with a full staff of attorneys and investigators
empowered to take testimony under oath and grant immunity from
prosecution can get to the truth. And only such a thorough
investigation will convince millions of Americans that the federal
government will not permit another massacre like that of the Branch
Davidians.
Citizens must continue to demand Congress appoint an
Independent Counsel to fully investigate the crimes against the Branch
Davidians by BATF and FBI agents and officials, Treasury and Justice
Department officials, federal prosecutors and a federal judge--and the
all pervasive coverup of those crimes. And citizens must work for
justice for surviving Davidians, i.e., immediate freedom for the nine
unjustly prosecuted, convicted and sentenced Davidian prisoners, Renos
Avraam, Brad Branch, Jaime Castillo, Graeme Craddock, Livingstone Fagan,
Paul Fatta, Ruth Riddle, Kathryn Schroeder and Kevin Whitecliff.
As one who only has begun to read the Bible, I find Isaiah
42:6-7 to be particularly compelling for those who have learned the
truth about what really happened at Mount Carmel:
I, the
Lord, have called you with righteous purpose
and taken you by the hand;
I have formed you, and appointed you to be a light
to all peoples, a beacon for the nations,
to open eyes that are blind,
to bring captives out of prison,
out of the dungeons where they lie in darkness.
FOOTNOTES
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