From: [c--r--n] at [ux4.cso.uiuc.edu] (Christopher J Burian) Newsgroups: alt.activism,alt.politics.org.batf,alt.politics.org.fbi,alt.society.civil-liberty,talk.politics.guns,alt.conspiracy,uiuc.civil-liberty Subject: Annotated report on Waco massacre Date: 11 Jan 1994 10:28:35 GMT ===== Repost from Libernet ===== Date: Sat, 8 Jan 1994 10:24:30 -0500 (EST) From: Carol Moore <[c--oo--e] at [cap.gwu.edu]> Subject: WACO REPORT OUTLINE To: Libernet <[l--er--t] at [Dartmouth.EDU]> COMMITTEE FOR WACO JUSTICE January 10, 1994 Contact: 202/986-1847 or 202/797-9877 COMMITTEE FOR WACO JUSTICE RELEASES REPORT The Massacre of the Branch Davidians: A Study of BATF and FBI Violations of Rights, Excessive Force and Coverup The Committee for Waco Justice is a group of individuals committed to ensuring that the public learns 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) siege and destruction of, the Branch Davidian religious group in Waco, Texas. The Committee has assembled a 100-page report detailing the most important currently known facts about the tragedy. We are now distributing it to the public, the press, members of Congress and all civil, political and religious groups concerned with the issue of liberty and justice in America. Many Americans consider Attorney General Janet Reno a "hero" for taking responsibility for the Branch Davidians' fiery deaths. Many consider the Branch Davidians to be the religious fanatics, child abusers and violent "gun nuts" the government and the press have portrayed them as being. However, when the trial of eleven surviving Branch Davidians for "conspiracy to murder federal officers" begins in San Antonio, Texas, the public may finally learn the disturbing and even shocking truth about these violations of rights, excessive use of force and coverup. There is a possibility that the jury will be so disgusted by these revelations it will acquit most of the Branch Davidians on most of the charges. The Committee for Waco Justice report is a systematic presentation of evidence that BATF and the FBI violated eight of the ten sections of the Bill of Rights in their raid upon, siege of and virtual destruction of the Branch Davidians. Our sources include the Treasury Department's September 31, 1993 report, the Justice Department's October 8, 1993 report, relevant Senate and House of Representatives hearings, news accounts 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 what we believe will be 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 cease violations of Americans' rights. Despite the Committee's limited resources, we have made some important and startling findings. Our attached Table of Contents outlines these findings, all of which we fully document. Six of our most disturbing findings are: * Amateur and professional "cult busters" committed to destroying the Branch Davidians fed BATF misleading information which encouraged them to use a paramilitary raid to serve a simple search warrant, and fed the FBI inaccurate and biased information encouraging them to gas and demolish Mount Carmel rather than wait for Koresh to finish writing the Seven Seals. * BATF ignored Koresh's past cooperation with more serious investigations as well as Koresh's 1992 attempts to cooperate with ongoing investigations by inviting BATF agents and local authorities to inspect his guns. BATF also engaged in such flagrant "undercover" surveillance that Koresh complained to the local sheriff. Such callous investigative methods may have convinced the Branch Davidians that the government was preparing to destroy them and armed defense was their only recourse. * Richard M. Rogers, the FBI Hostage Rescue Team Commander at Waco, sabotaged negotiations by pressuring the siege commander first to use harassment 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 convinced Janet Reno to approve their plan to gas and demolish Mount Carmel by: evidently withholding from her Koresh's impressive April 14th letter promising to surrender; by downplaying dangers of CS gas; by pushing her child abuse "hot buttons"; by threatening to withdraw the Hostage Rescue Team; and by assuring her April 19 would not be "D-Day"--despite their obtaining Reno's authorization to "return fire" and speed up the action if the Branch Davidians shot at the tanks. * Nearly simultaneous FBI tank attacks from three sides trapped Branch Davidians in the building and started the fire from which most could not escape. There was no mass suicide, but only suicides by trapped victims of the fire. * The FBI, the BATF-influenced chief fire investigator, and the Justice Department have engaged in a systematic pattern of disinformation and coverup to blame the Branch Davidians for their own deaths and hide FBI and Justice Department culpability. If our small Committee, with our limited resources, could discover so much damning evidence of wrongdoing, we believe an independent prosecutor or counsel, appointed by either the Attorney General or Congress, could discover more extensive proof of government injustices to the Branch Davidians. This prosecutor or counsel would have full powers to subpoena witnesses under oath and to grant immunity to witnesses in exchange for evidence of criminal wrongdoing, something which neither the Treasury nor the Justice Department's "review teams" had. The Committee for Waco Justice believes the facts already prove that the actions of BATF and FBI, through a combination of negligence and arrogance bordering on intentionality, did indeed cause the deaths of 81 or more Branch Davidians. We believe there is compelling evidence that the Branch Davidians were massacred. If so, 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. We must ensure that law enforcement agents never again initiate or participate in such a massacre. One step towards that goal is prosecution of those responsible for the February 28 and April 19 assaults against the Branch Davidians. Whether or not there is an independent investigation, we believe there is currently enough evidence of official misconduct, violations of civil rights and negligent--if not intentional--homicide, to permit the Justice Department to prosecute those officials and agents responsible for crimes against members of the religious group. Moreover, all government agencies must overhaul their investigative and enforcement procedures to prevent another such disaster. We believe strict adherence to the Bill of Rights will accomplish this. Therefore, we have listed our recommendations under those 10 Amendments to the U.S. Constitution. The Committee for Waco Justice asks individuals and organizations to join with us in urging the President, the Justice Department and Congress to conduct a thorough and independent investigation and to prosecute all culpable federal officials and agents for assaults on the Branch Davidians. Those who want to learn more about or become involved with the Committee for Waco Justice should feel free to contact us. ==================== THE MASSACRE OF THE BRANCH DAVIDIANS A STUDY OF BATF AND FBI VIOLATIONS OF RIGHTS, EXCESSIVE FORCE AND COVERUP INTRODUCTION The Public Must Know the Truth Past Wacos: Government's "Historic Interest in Breaking Up Armed Groups" BATF/FBI vs. Randy Weaver Government Reliance on "Private Spies" and "Cult Busters" The History of the Branch Davidians Non-Weapons Related Allegations Against David Koresh BATF VIOLATIONS OF RIGHTS, EXCESSIVE FORCE AND COVERUP: THE FEBRUARY 28, 1993 RAID ON BRANCH DAVIDIANS 1. BATF Ignored Branch Davidians' Legal Gun Business 2. BATF Found No Evidence Were Weapons Purchased Illegally 3. "Probable Cause" Based on Biased Information About Intent 4. "Probable Cause" Based on Religious/Political Beliefs 5. Other Irregularities in the Affidavit 6. BATF Ignored Branch Davidian Attempts to Cooperate 7. Questionable Grounds for Paramilitary Raid 8. Government Multi-Task Force Makes for "Partners in Crime" 9. Dubious Drug Allegations to Obtain Helicopters for Free 10. Chronology of the February 28, 1993 Raid 11. BATF Used Excessive Force to Serve Warrant 12. Allegations BATF Agents Shot First 13. Allegations Agents Shot Indiscriminately and from Helicopters 14. Allegations Friendly Fire Injured or Killed Some Agents 15. Intimidation of the Press 16. BATF Coverup 17. Treasury Department Coverup 18. Committee for Waco Justice Conclusions FBI VIOLATIONS OF RIGHTS, EXCESSIVE FORCE AND COVERUP: THE 51 DAY SIEGE AND APRIL 19, 1993 ASSAULT ON THE BRANCH DAVIDIANS 1. FBI Intimidation of the Press 2. Justice Department Misinformation on Tanks 3 FBI Impatient with More Conciliatory Measures 4. FBI Relied on Experts and Cult Busters Urging Tactical Pressure 5. Pressure Tactics Replaced Negotiations 6. FBI Destroyed Crime Scene Despite Complaints 7. FBI Refused to Believe Final Koresh Promise to Exit 8. FBI Plan to Gas, Disassemble Mount Carmel 9. FBI Misled Janet Reno on Need for and Dangers of Assault 10. Questions About Clinton Hostility Towards Branch Davidians 11. Chronology of the April 19 Gassing, Demolition and Fire 12. Fatal Decision to Escalate to Demolition 13. Suspicious Activity by Agents 14. Lack of Fire Precautions 15. Branch Davidian Testimony that Demolition Trapped People in Building 16. Branch Davidian Testimony that Demolition Started Fire 17. FBI Allegations that Branch Davidians Started Fire 18. FBI/BATF Crime Scene Coverup 19. "Independent" Fire Investigator Coverup 20. Justice Department Coverup 21. Committee for Waco Justice Conclusions FEDERAL PROSECUTION OF THE BRANCH DAVIDIANS The Charges The Defense Civil Rights and Wrongful Death Law Suits SOCIAL AND POLITICAL UPHEAVALS AND THE YEAR 2000 Religious Zealots, Millennialists and Survivalists Drug Prohibition-Related Violence Gun Prohibition-Related Violence Economic Unrest and Tax Rebellion Secessionists and Separatists COMMITTEE FOR WACO JUSTICE RECOMMENDATIONS 1. Protect Right to Freedom of Religion, Speech, Press, Assembly and to Petition the Government 2. Protect Right to Keep and Bear Arms 3. Protect Right to Refuse Quartering of Soldiers 4. Protect Right to be Secure Against Unreasonable Searches and Seizures, including Necessity for Probable Cause before Issuance of Warrants 5. Protect Right to Indictment by Grand Jury, Trial by Jury, Avoid Double Jeopardy, Refuse to Bear Witness against Oneself, Due Process of Law, and Just Compensation for Public Taking of Property 6. Protect Right to a Speedy Public Trial, Impartial Jury, Knowledge of Accusations, Confront Witnesses, Compel Favorable Witnesses, and Assistance of Counsel 7. Protect Right to Trial By Jury In Civil Suits 8. Protect No Excessive Bail, Excessive Fines, or Cruel and Unusual Punishment 9. Protect Rights Retained by the People 10. Protect Powers Reserved to the States or the People ORDERING FROM THE COMMITTEE FOR WACO JUSTICE Report: The Massacre of the Branch Davidians $ 5.00 Source Materials: $10.00 (Includes important news articles; government affidavits, short reports, chronologies, and other documents; xeroxes of infrared photos; other materials. Contributions welcome to help us disseminate the facts about Waco to the public, press, Congress, and other organizations! Please make checks to "Carol Moore." Carol Moore [c--oo--e] at [cap.gwu.edu--] Alan Forschler 202/797-9877 [a--a--f] at [cap.gwu.edu] P.O. Box 33037, Washington, D.C. 20033