From: [s--sh--e] at [cco.caltech.edu] (Tom Renner) Newsgroups: talk.politics.guns Subject: Massacre of Branch Davidians 5/5 Date: 12 Feb 1994 11:04:06 GMT FEDERAL PROSECUTION OF THE BRANCH DAVIDIANS The federal prosecution of eleven Branch Davidians began January 10, 1994 in San Antonio, Texas. The trial was moved to San Antonio from Waco because of the "notoriety" of the case in that town. In his opening statement, lead prosecutor Assistant U.S. Attorney LeRoy Jahn claimed David Koresh expected his disciples to "kill for God." The defense blamed the raid on a faltering government agency that had "declared war on its citizens."[389] Many people believe that the government has "rigged" the trial to prevent a repeat of the Randy Weaver case, where a disgusted jury found the defendants innocent of most charges. The trial judge, U.S. District Judge Walter Smith of Waco, has already announced that he will not allow the defense to "put the government on trial."[390] >From the evidence of the first days of the trail, suspicions that BATF and FBI will withhold, delay and even fabricate evidence, as they did in the Randy Weaver trial, appear to be well founded. A crucial piece of evidence--one of Mount Carmel's two front doors--is missing. At least two BATF agents have made different statements during the trial-- after they spoke to the Treasury Department review team and prosecutors--than they made earlier to Waco police and Texas Rangers. The prosecution did not warn the defense it had a witness who could identify a defendant--and only later told the defense it had withheld evidence that the witness was previously uncertain he could in fact identify the defendant! Below we review the charges, pretrial motions and jury selection, and the cases the prosecution and defense can be expected to make. Finally, we will briefly describe Branch Davidian law suits against the government. THE CHARGES Between March 30 and July 20, 1993, a series of indictments were returned against several Branch Davidians. On August 6, 1993, the United States Attorney's office in Waco, Texas obtained a "superseding" indictment from a grand jury that combined all previous indictments into one. Charged with conspiracy to murder federal officers were: Paul Fatta, who was in Austin on February 28th; Norman Washington Allison (aka Delroy Nash) and Woodrow "Bob" Kendrick who tried to return to Mount Carmel on February 28th; Brad Branch, Livingston Fagan, Kathryn Schroeder and Kevin Whitecliff who left Mount Carmel during the 51-day siege; and Renos Avraam, Jaime Castillo, Graeme Craddock, Clive Doyle, and Ruth Riddle who survived the April 19th fire. Conviction on conspiracy charges could mean up to life in prison and a $250,000 fine for each defendant.[391] On September 9, 1993, Kathryn Schroeder pled guilty to one count of armed resistance to a federal officer, which still could result in 10 years in jail. She also agreed to testify against the remaining eleven defendants in return for the government dropping the original charges against her. A Washington Post reporter commented on this fact: "Originally, 12 Branch Davidians were expected to face trial, a fact not lost on those who draw parallels between Koresh and Jesus Christ--son of a carpenter, dead at 33, survived by 12 disciples, one of whom turned against him."[392] Below is an outline of the ten counts of the August 6, 1993, indictment against the eleven Branch Davidians. Count One--Conspiracy to Murder Federal Officers: This is the most detailed count against all twelve defendants. The charge reads, in part, "It was part of this conspiracy that Vernon K. Howell, also known as David Koresh, would and did advocate and encourage an armed confrontation, which he described as a `war' between his followers and the United States government." Other parts of the conspiracy included: creating the "Mighty Men" unit, establishing the "Mag Bag" business location; acquiring or assisting in the acquisition of weapons to be used in this "war," assisting in converting legally purchased semi-automatic rifles to fully automatic rifles and inert hand grenade shells into live grenades, preparing for the arrival of Federal agents on February 28th, endeavoring to enter Mount Carmel after the shootout, forcibly resisting the execution of a search warrant from February 28th until each individual left Mount Carmel, firing upon tanks on April 19th, co-conspiring with David Koresh and Steve Schneider to spread flammable liquids throughout Mount Carmel and to start the fires within Mount Carmel. The remaining counts below are quoted directly from the Justice Department report. Count Two--Aiding and Abetting the Murder of Federal Officers: All twelve defendants were charged with aiding and abetting the murders of the four ATF agents on February 28, 1993. Count Three--Using a Firearm During a Crime of Violence: Schroeder, Branch, Whitecliff, Castillo, Fagan, Fatta, Craddock, Avraam and Riddle were charged with using a firearm during a crime of violence in connection with the first ATF shootout on February 28, 1993. Count Four--Aiding and Abetting the Attempted Murder of a Federal Officer: Allison (Nash) and Kendrick were charged with aiding and abetting the attempted murder of an ATF agent during the second shootout on February 28. Count Five--Using a Firearm During a Crime of Violence: Kendrick was charged with using two firearms in connection with the second ATF shootout on February 28. Count Six--Using a Firearm During a Crime of Violence: Allison (Nash) was charged with using a firearm during the second ATF shootout on February 28. Count Seven--Possession of an Unregistered Destructive Device: Craddock was charged with possessing an explosive grenade on April 19, 1993. Count Eight--Conspiracy to Possess an Unregistered Destructive Device: Craddock was charged with conspiring with Koresh to possess an explosive grenade during the 51- day standoff. Count Nine--Conspiracy to Possess and Unlawfully Manufacture Machineguns: Fatta was charged with conspiring to manufacture and possess machineguns during 1992 and early 1993. Count Ten--Aiding and Abetting the Unlawful Possession of Machineguns: Fatta was charged with aiding and abetting Koresh in the unlawful possession of machineguns during 1992 and early 1993. The government's "conspiracy theory" is based on the "Pinkerton doctrine" that holds that a person involved in only a minor part of crime, like driving a getaway car, is as responsible for a crime like robbery or murder as the person doing the crime. Robert Dawson, a professor of criminal law at the University of Texas Law School, said that if the government is using the Pinkerton standard, then the standard will be the "`should have anticipated' standard--should the Branch Davidians have been able to anticipate that stockpiling weapons and other firearms violations could result in the death of those Federal agents?" Defense attorney Tim Evans insisted, "Conspiracy has become the darling of the government's nursery. It allows the Government to throw a huge net over everyone connected to a case and makes the jury sort it all out. The danger of that is that sometimes people get convicted based upon guilt by association." Graham Craddock's attorney Stanley Rentz said, "If their theory is `in for a penny, in for a pound,' then they should have indicted everyone who was in the compound. They've left some people out of the indictment altogether. The sad thing is that most of the people who were really active leaders perished in the fire. So now the Government is going after whoever is left just to placate themselves. I guess it's just hard for them to walk away from it."[393] >From currently available evidence, it would seem the government has pursued a strategy of selective prosecution. Three individuals especially seem to have been spared prosecution, even though evidence against them may be as strong as that against some of those being prosecuted. * Donald Bunds: One of BATF Agent Davy Aguilera's most convincing evidences of "intent" to manufacture illegal weapons mentioned in his February 25, 1993 affidavit was David Block's allegation that Donald Bunds, a mechanical engineer, operated a metal lathe and milling machine that had the capability to fabricate firearm parts. Block said he had observed Bunds designing a machinegun on a computer. Prosecutors have already entered into evidence equipment that one Texas Ranger said could have been used to fabricate firearm parts.[394] Bunds drove towards Mount Carmel on February 28th, but was prevented by police from returning. It is quite possible he was not prosecuted because his wife Jeannine and daughter Robyn may be two important prosecution witnesses. Even if they are not, this may be a "reward" for their cooperating with BATF Agent Aguilera in the original investigation. * David Thibodeau: Earl Dunagan's April 18, 1993 affidavit does not list him as being seen carrying a gun during the February 28th shootout or standing guard after it. It is quite possible he was not prosecuted because his mother, Balenda Gamen, was the most vocal and articulate of the Branch Davidian family members. She appeared on numerous television shows and surely would have conducted a damaging media campaign against the government had her son been indicted. * Rita Riddle: Earl Dunagan's April 18, 1993 affidavit does list Rita Riddle as having carried a gun on February 28th. She has been an active organizer for the defense since the fires. It is possible she was not prosecuted because her daughter Misty Ferguson was seriously disfigured during the April 19th fire and the government feared the girl would appear at the trial, displaying her wounds. Riddle's sister-in-law Ruth Ottman Riddle has been charged, even though Dunagan's April 18, 1993 affidavit mentions only that she was seen sewing tactical vests. It is possible she is being prosecuted because, as David Koresh's typist during his writing of the First Seal, she could testify convincingly about his efforts to finish his book so that he and his followers could leave Mount Carmel. She was a very effective spokesperson on television following the April 19th fire. PRE-TRIAL MOTIONS AND JURY SELECTION Certainly the early stages of the trial have only reinforced beliefs that the trial is rigged. A prejudiced judge seems to have "handpicked" the jury--and done all he can to ensure the jury does not see any literature that might persuade them to "vote their conscience." In December of 1993, Judge Smith "ordered that jurors' identities be kept a secret and attorneys not talk to the media. [He] indicated that he is taking unusual steps to ensure the safety of the defendants, jury members and witnesses in the trial."[395] Defense attorneys Joe Turner and Terry Kirk immediately filed an objection to Smith's order for an anonymous jury, believing it would hurt the jury's presumption of innocence. Their motion stated, "The prospective jury members are likely to assume that because their names are being kept secret, they must have reason to fear the defendant or her fellow Branch Davidians."[396] In January Smith explained to the press he was concerned Branch Davidian jurors might be mistaken for "jurors in an organized crime trial going on at the courthouse."[397] However, it turns out that the real reason Judge Smith demanded an anonymous jury was his fear that the jury would receive information from an organization called the Fully Informed Jury Association (FIJA). FIJA intended to send jurors leaflets containing general and well-documented information about jury rights--including the right of the jury to find defendants innocent if they disagree with the law or feel that the government acted improperly. They had done the same thing in the Randy Weaver case and some believe this helped win acquittal for Weaver. Smith had first taken the unusual step of restricting public access to the names of all potential jurors in the federal jury "wheel" for the Western District of Texas. On December 30, the judge admitted "The Court is not as concerned about the possibility of the Defendants or their associates threatening the jury members," instead, it was concerned with protecting the jury panel because, "It [has] been reported that an organization plans to attempt to hand out leaflets to potential jurors about how they should ignore the law and follow their conscience."[398] Some believed Judge Smith silenced the eleven defendants' numerous attorneys so that their statements to the media could not affect potential jurors. Once the trial started, television news broadcasts showed some attorneys speaking freely to the press. However, in late January Judge Smith again barred defense attorneys from speaking to the press, saying "statements or information intended to influence public opinion regarding the merits of this case" would not be tolerated. Smith said he would monitor media sources and threatened daily contempt proceedings for any comments he found attorneys had made.[399] This is just one more evidence of a prejudiced judge participating in a government coverup of crimes against the Branch Davidians. During the jury selection process, Judge Smith demanded defense attorneys submit questions to him and disallowed their directly questioning potential jurors. Instead, he asked the questions. The only choice left for the attorneys was a limited number of "strikes." This selection process makes it more difficult for the attorneys to weed out prejudiced individuals.[400] Meanwhile the Dallas Morning News filed a motion seeking to overturn Smith's decision to bar most of the media and public during juror questioning, stating the public and the media have a "constitutional right of access to the examination of potential jurors in a criminal trial."[401] The fact that Judge Smith interviewed potential jury members in his shirtsleeves, without his judicial robes, so that he would not "intimidate" them was widely reported by the press. Jury selection was complete in two days--an unusually short period for such a complicated trial with so many defendants- -and the trial began on January 12, 1994. Should any Branch Davidians be convicted, the restrictive jury selection process might provide grounds for appeal. Paul Fatta's attorney Mike DeGeurin requested Judge Smith prohibit prosecutors and witnesses from using the word "cult" because it has a "negative and dangerous" connotation that might influence a jury against the defendants. The motion noted that Assistant U.S. Attorney J. Ray Jahn has already stopped using the word.[402] The judge rejected the request.[403] Defense lawyers then asked Judge Smith to prohibit prosecutors from using prejudicial words like "compound," "Ranch Apocalypse," and "Mighty Men."[404] We assume he also rejected this request because some of the terms have been used in the trial. As in all trials, the prosecution will first present its evidence of the defendant's guilt. Defense attorneys will have the opportunity to cross-examine all witnesses. Assuming the case is not dismissed for lack of evidence, the defense will then present its case. The prosecutors will also have the opportunity to cross-examine defense witnesses, including the defendants, should they decide to testify. Below is an outline of the expected cases to be presented by the prosecution and the defense--and some questions likely to be asked and points raised in cross- examinations. THE PROSECUTION CASE The eleven Branch Davidians were charged with conspiracy, in part, because there was little or no solid evidence that any of them shot at or killed any of the four BATF agents who died February 28, 1993. Nor was there evidence that any of them shot at tanks on April 19th or started the fires that destroyed Mount Carmel. Listed below is the evidence the U.S. Attorneys are expected to present to support the ten counts of the indictment: Physical Evidence: Weapons distributors invoices and United Parcel Service records of legal weapons purchases; hundreds of legal guns, grenade casings and explosives plus any illegal machineguns, silencers and live grenades found after the April 19th fire; any remaining evidence of the February 28th raid, including photographs and charts of bullet ridden vehicles and their positions before being moved by FBI tanks; explosives-related materials allegedly found at the LaVerne, California home; clothing, shoes, other materials soaked with fuel taken from fire survivors; other "evidence" of arson such as fuel containers, wood planks, etc. Undercover Eavesdropping Devices: While the government admits these recordings are of poor quality, prosecutors will try to use them to prove that the Branch Davidians started the April 19th fire, and probably to prove other aspects of the "conspiracy." Video tapes: KWTX and BATF footage of the BATF raid, including--if it exists--BATF aerial videotape evidence that Branch Davidians fired first; television news footage and any government video tape of the siege; video tapes of Koresh and other members made inside Mount Carmel during the siege and sent out to be shown to the FBI and family members; television news footage; and aerial infrared video tape and any other government video tape of the April 19th assault and fire. Should the government introduce Gun Owners of America video tapes which are "derogatory to ATF" as evidence Branch Davidians were "indoctrinated" to kill federal agents, the defense can argue both the First Amendment right to free speech and the Second Amendment right to bear arms. Audio tapes: These might include tapes of the 911 calls, of Koresh's negotiations with BATF agent Cavanaugh, of negotiations during the 51 day siege, of KRLD and CNN radio interviews, and tapes of Koresh's sermons which allegedly show his propensity towards violence. Documents: These would include any relevant Koresh or Branch Davidian correspondence and Koresh's April 9, 10 and 14th letters to the FBI. (Will the prosecution, like the FBI and Justice Department, only present the first two letters and ignore the last?) Witnesses--BATF and FBI Agents: Prosecutors will ask them to testify about the planning and execution of the February 28th raid, during the siege, during the April 19th destruction of Mount Carmel, and during the investigation of the pre-and post-fire "crime scene." Defense attorneys are challenging these agents' credibility by exposing inconsistencies in their testimonies and asking them about the lies told by BATF raid commanders. Gerard E. Lynch, a Columbia University law professor and former Federal prosecutor said, "The defense will clobber them with every mistake everyone ever made in pursuing the case. They will make it a trial on the Government's tactics."[405] Former Koresh attorney Gary Coker, who is now representing some Branch Davidian material witnesses, told reporters, "I think people see that almost everybody from (former BATF Director Stephen) Higgins on down has at one time or another lied about this case. And if they would lie about those matters, why wouldn't they lie about other matters that are specific as to criminal charges?"[406] David Thibodeau's attorney Gary Richardson asserted, "Our clients said the Feds were lying all along, and they were. . .What our clients were telling us was true. Heads would roll when the truth eventually came out. That's just what happened."[407] Some defense lawyers told a reporter privately that they relished the idea of cross- examining the government's witnesses, particularly the BATF's February 28, 1993 raid commanders. Said one attorney, "It'll be the old `Were you lying then and are you lying now routine.'"[408] Judge Smith has so far refused to let the defense introduce as evidence the Treasury Department report that criticizes BATF's handling of the raid. However, the judge has allowed defense attorneys to ask questions which have resulted in Texas Ranger and BATF agent testimony that BATF raid commanders lied to them about certain issues. Witnesses--Paul Gray and other Fire Investigators: Chief fire investigator Paul Gray's close ties with BATF will lower the credibility of his testimony. Witness--Former "Co-conspirator" Kathryn Schroeder: Prosecutors may call Kathryn Schroeder, whose husband Michael Schroeder was killed on February 28th and whose four children left Mount Carmel early in the siege. She also left during the siege. Papers filed at the time Schroeder agreed to plea bargain state that she "admitted being an armed guard from the day of the initial raid until March 12th, when she left the compound."[409] She probably will testify about Koresh's alleged plan to have his followers turn their weapons on the public in Waco, Texas.[410] Defense attorneys may question Schroeder's motives: her desire to ensure that she will be able to see her children again; the fact that she was incarcerated in a mental institution for two months and possibly "deprogrammed"; her possible fear that her September, 1990 arrest in El Paso, Texas, for possession of marijuana and cocaine might have influenced the jury, sentencing judge or future parole boards against her.[411] Witnesses--Branch Davidians Who Left Mount Carmel after February 28th, i.e. "Material Witnesses": Any of those who were at Mount Carmel on February 28th or during the siege may be called. Most probably may not be very cooperative witnesses. However, some may be. Davy Aguilera states in his April 18, 1993 affidavit that on March 6th he talked to a "cooperating individual" who had lived at Mount Carmel for long period of time. This individual claimed to have seen machineguns, grenades and silencers manufactured and had "observed that Howell was attempting to construct a radio-controlled aircraft which can be used to carry explosives." Dunagan's affidavit states that released Branch Davidians claimed that on February 28th they had seen two boxes of hand grenades and Wayne Martin wearing a string of grenades around his neck. It also lists Branch Davidians seen wearing fatigues and carrying rifles, before and during the shooting. Defense attorneys will give these witnesses an opportunity to speak about their religious convictions and the savagery of the BATF attack and the FBI siege against them. Witnesses--Branch Davidian Children: Defense lawyers believe that if few or none of Mr. Koresh's adult followers prove to be valuable witnesses, prosecutors may call some of the 21 children who left Mount Carmel during the standoff. The law does not shield children from being forced to testify against their parents.[412] Witnesses--Breakaway Branch Davidians: To prove "conspiracy" prosecutors may call some former Branch Davidians. Since most of those who made the most damning statements about Koresh and the Branch Davidians--especially Marc Breault, the Bunds and David Block--have been associated with cult busters, defense attorneys may attempt to undermine their credibility by probing their motivations and their association with "cult busters" committed to destroying "cults" like the Branch Davidians. Witness--Joyce Sparks: Prosecutors may ask her to repeat her allegations about Koresh's statement about "military action" against Waco. Defense attorneys would question her to discover if she misunderstood a Biblical reference. Witness--Henry McMahon: Prosecutors may demand Koresh's arms dealer and sometimes partner Henry McMahon testify about the weapons he sold to Koresh and about Koresh's motivations. Davy Aguilera's April 18, 1993 affidavit repeats McMahon's story that Koresh had "observed the `ATF S.W.A.T. Team' training at a vacant house approximately 500 yards toward the compound next to the `Mag Bag'" and that Koresh believed it was "conducted by ATF to assault the compound/Mount Carmel property." The government claims this police training was Koresh's motivation for his arms buildup. In cross-examination, the defense will ask McMahon to repeat his stories that Koresh keeping guns as an investment, that Koresh invited BATF to see his guns, that Aguilera lied when he said McMahon tried to confuse him about how many guns he had sold to Koresh, and that BATF lured McMahon into "protective custody" and kept him away from the press and the FBI. If the prosecution does not call McMahon, the defense surely will. Witnesses--Government Experts: The prosecution may call government "experts" to defend the BATF raid, to testify about David Koresh and the Branch Davidian's alleged mental problems, or to defend the pressure tactics used during the siege and the final assault on Mount Carmel. The defense will try to expose their prejudices and/or lack of competence in dealing with committed religous groups like the Branch Davidians. THE DEFENSE CASE Below we list the various counts and the defendants' expected defenses against the charges. Since the main defense is "self-defense" against excessive government force, it will be important to show that the government violated Branch Davidians rights, used excessive force and then tried to coverup their mistakes throughout the whole tragic operation. Attorneys and defendants pray that, as in the Weaver case, a disgusted jury will find the defendants innocent of murder and most or all other charges. Weaver's attorney Gary Spence said at that time, "A jury today has said that you can't kill somebody just because you wear badges and then cover up those homicides by prosecuting the innocent."[413] Count One--Conspiracy to Murder Federal Officers, Count Two--Aiding and Abetting the Murder of Federal Officers, Count Three--Using a Firearm During a Crime of Violence, all related to initial February 28, 1993 shootout, forcible resistance of arrest, firing on tanks, and starting the April 19th fire. Attorneys' arguments will probably include the following defenses: * Legal Right to Shoot Back In Self-Defense Against Out- of-Control Law Enforcement--Defense attorneys may argue that BATF's lack of a "no knock warrant" and obvious use of excessive force in sending 76 heavily armed agents to serve simple search and arrest warrants gave the Branch Davidians the legal right to shoot back in self-defense. They may point to evidence: that BATF raid commanders had done a sloppy job of investigating and were overly influenced by "cult busters"; that they had ignored Koresh's past cooperation with law enforcement, that they planned an unnecessary and dangerous paramilitary raid; that they disobeyed orders and proceeded with a raid despite the loss of surprise; that agents were expecting and prepared for a shootout; that agents shot first and indiscriminately-- including from helicopters; and that agent friendly fire even injured or killed their own. This evidence of an out- of-control government agency will support the case that the Branch Davidians had a right to shoot back in self-defense. The fact that the FBI ground commanders also may have exceeded orders in proceeding with the demolition of Mount Carmel despite Branch Davidians' willingness to negotiate will point to an FBI that is similarly "out-of-control." If Justice Department officials are implicated in that fatal command, the defense can argue that "Gestapo"-like action against citizens starts right at the top. The self-defense argument may also be used regarding the Branch Davidians' resisting arrest during the siege and allegedly shooting at the tanks. It should be noted that the Randy Weaver jury acquitted Weaver and Kevin Harris of charges of resisting arrest, despite the eleven day standoff, because they evidently considered it part of their self-defense against government violence. Regarding the right to self-defense, one former senior BATF official said, "Irrespective of the situation inside, the notice of authority and purpose must be given. . .Unless the occupants of a dwelling are made aware that the persons attempting to enter have legal authority and a legal warrant to enter, the occupants have every right to defend themselves."[414] The Firearm Owners Protection Act of 1986 recognizes the Common Law rule of self-defense, which is that the defender must have reasonable belief that the circumstances of immediate danger warrant self-defense. Section 9.31 of the Texas Penal Codes states: "The use of force to resist an arrest or search is justified: (1) If, before the actor offers any resistance, the peace officer (or persons acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and (2) When and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary."[415] Whether or not the Branch Davidians knew the law at that moment, they may well have been acting within it. Even one of the Justice Department's handpicked outside experts, Dr. Robert Cancro, suggested the Branch Davidians were within their rights to defend themselves. "Certainly an armed assault by 100 agents had to be seen as an attack independent of who fired the first shot. If an armed individual enters your home by force and you have reason to believe that person represents a mortal threat, you are allowed to fire a weapon in self-defense in most states. The law does not usually allow the potential attacker to fire first before a response can be called self- defense (JDR:Cancro:3) Dick DeGuerin, who believed he would have obtained an acquittal of David Koresh had he lived, explained, "if a warrant is being unlawfully executed by the use of excessive force, you or I or anybody else has a right to resist that unlawful force. If someone's trying to kill you, even under the excuse that they have a warrant, you have a right to defend yourself with deadly force, and to kill that person."[416] A reporter wrote, "several lawyers said they expected to see a defense of self-defense, and possibly a claim that residents of the compound were unaware that the attackers were law-enforcement officers."[417] Defense attorneys can provide witnesses and tapes to prove Koresh had a sincere fear of attack by George Roden, by others who had threatened the Branch Davidians, and even by government--especially as it continued its surveillance of him even as he tried to cooperate. On February 28th Koresh told KRLD interviewers, "Let me explain the weapons from the beginning. The weapons were bought originally because in the prophecies. . .2000 years ago Christ tried for three and a half years to present the Gospel, right? And the night of his Crucifixion he told his servants, he said, before I sent you out without cloak nor purse nor sword so now I say unto you, if you do not have a sword go sell your cloak and buy one. The Christian Church was not to stand idly by and be slaughtered." Koresh told Dick DeGuerin in an audio taped March 28th telephone conversation: "I don't care who they are, nobody is going to come to my home, with my babies around, shaking guns around, without a gun back in their face. That's just the American way." Branch Davidian Stan Sylvia, who was in California the day of the raid, expressed his feelings on national television. "These people were on their own property. That didn't give the government right to come in shooting. . .For once in people's lives they stood up for God and what they believed."[418] * First Amendment Rights to Freedom of Speech, Religion and Association--The defense certainly could raise the issue of the rights of religious minorities to arm themselves for the Second Coming. Kelly Shackleford, an attorney for the Rutherford Institute, said of groups arming themselves for the Apocalypse, "There are a ton of these groups out there, and part of their faith is to ready themselves for the end. They have to be ready to fight on the side of the Messiah. There is nothing illegal about that."[419] The defense may argue that defendants are being prosecuted merely for associating with Koresh; it does not mean defendants necessarily agreed with all his ideas, were in on all his plans or followed all his orders. According to the New York Times, pretrial motions showed a split in the defense team about whether to depict Koresh as a "sincerely motivated teacher of Scripture, whose talks and writings were greatly misunderstood; others have suggested that he cruelly led his innocent followers astray. Still, no defendant has pleaded temporary insanity or suggested. . .being brainwashed."[420] * Government Tanks Started Fire: The government argues setting Mount Carmel on fire was part of the conspiracy. If the prosecution shows the complete infrared video tapes of the tank assaults and resulting fire, the jurors--and the public--finally will have a chance to study the full details of this brutal attack. Defense attorneys and the prosecution probably will differ in their interpretations of the video tapes. Defense attorneys will try to discredit the prosecutions' evidence--surveillance audio tapes, FBI Hostage Rescue Team agents, the "independent" fire investigator--that the Davidians started the fire. If any Branch Davidian survivors take the stand, they will describe how tanks knocked over lighted kerosene lamps and crushed a propane tank, starting the fires in one or more different areas within a few minutes. The defense may provide experts who will explain just how the tank rammings easily could have trapped people in the building and started one or more fires. Count Four--Aiding and Abetting the Attempted Murder of a Federal Officer and Counts Five and Six--Using a Firearm During a Crime of Violence, all related to Bob Kendrick, Delroy Nash and Michael Schroeder's attempts to reenter Mount Carmel on February 28, 1993. The prosecution will have to convince the jury that Kendrick and Nash resisted arrest by BATF agents. The defense may argue the Kendrick and Nash did not fire at agents or that if they did so they fired in self-defense. Count Seven--Possession of an Unregistered Destructive Device on April 19, 1993 and Count Eight--Conspiracy to Possess and Unregistered Destructive Device related to Graeme Craddock's carrying a live grenade. The prosecution will have to prove Craddock was indeed carrying a live grenade; Craddock's defense may argue he was not, that someone planted a live grenade on him, or that he carried the grenade in self-defense. Count Nine--Conspiracy to Possess and Unlawfully Manufacture Machineguns and Count Ten--Aiding and Abetting the Unlawful Possession of Machineguns Paul Fatta's defense attorney may assert he had no knowledge of machineguns produced or planned for production before February 28, 1993. The defense will try to call witnesses who can prove their defense points. Considering that Judge Smith is obviously prejudiced against the Branch Davidians and has announced he will not let the defense put the government on trial, he may reject many of their requests to call specific witnesses. Those they may try to call include: Witnesses--Sympathetic: In addition to cross-examining sympathetic witnesses called by the prosecution, the defense will try to call Branch Davidians and other witnesses who can provide information to discredit prosecution witnesses or provide evidence that the Branch Davidians were not crazed fanatics totally under David Koresh's control. They will call individuals who can testify that the Branch Davidians knew they were under surveillance and tried to cooperate and to talk about their experiences during the February 28th raid or during the siege. Doubtless, they will also try to call David Koresh's attorney Dick DeGuerin and Steve Schneider's attorney Jack Zimmerman, both of whom saw evidence of BATF damage to the building during the raid, and experts like Dr. Phil Arnold and Dr. James Tabor who convinced David Koresh to exit despite the FBI's ignoring his efforts. They may even try to call the Justice Department's most critical outside experts--Dr. Nancy Ammerman, Dr. Lawrence E. Sullivan, Dr. Robert Cancro and Dr. Alan M. Stone. Witnesses-former BATF Director Steven Higgins, former FBI Director William Sessions, Attorney General Janet Reno, Other High Government Officials: Defense attorneys have asked that these individuals be called as witnesses. They may be used to discredit lower ranking officials and agents who lied to them or to show that governmental incompetence, violations of rights and excessive force were approved by top officials. Witnesses--The Defendants: Under the Fifth Amendment to the U.S. Constitution, the prosecution cannot compel defendants to take the stand or testify. If any defendant agrees to testify, he or she can not take the Fifth Amendment in response to any questions about alleged crimes relevant to the case but must answer honestly. It is unknown whether any defense attorneys will call their clients to protest their innocence or to describe their self-defense against an out-of-control goverment assault on February 28, 1993. CIVIL RIGHTS AND WRONGFUL DEATH LAWSUITS On May 3, 1993, attorney John P. Coale filed three notices of claim against the FBI and the Bureau of Alcohol, Tobacco and Firearms. He is seeking $18.06 million for the deaths of his wife, Lorraine, and two daughters, Rachel, 14, and Hollywood, 2. Questions about who started the fire, or deaths by gunshot, are irrelevant to the case, Mr. Coale asserted. "We're alleging no matter what happened to these children and this woman, it was foreseeable."[421] Sylvia said the survivors should regroup and build a school at the site. Referring to possible forfeiture of the property, he declared, "Why should the FBI of all people be awarded that land, with what they did to my people, to my wife and children? Their lives were lost on that land, and I don't want to see that done in vain."[422] In October the first of numerous lawsuits under the Federal Civil Rights Act was filed in Waco by North Carolina's Cause Foundation on behalf of Oliver Gyarfas, Sr. and Elizabeth Gyarfas. Their daughter Aisha Gyarfas Summers, 18, and her child Startle Summers, 1 year, died in the April 19th fire. According to Kirk D. Lyons, attorney and executive director of the Cause Foundation, the suits are intended less to compensate the victims of the government's excessive use of force, as they are to defend the Constitution from government encroachment and to see that another situation like Waco never happens again. The Foundation intends to file more suits after the conclusion of the Branch Davidian trials. Both suits should shed additional light on the governments' violations of rights, excessive force and coverup. It is possible that some BATF and FBI agents and officials could be held individually liable in such law suits. In January, 1993, a U.S. District judge ruled that the city of Philadelphia and senior officials would have to face trial in a civil law suit brought by survivor Ramona Africa. Philadelphia police fire bombed MOVE headquarters to drive members out of their home, killing 11 members of the group. While former Philadelphia Mayor Wilson Goode was immune from the lawsuit because he was not involved in the decision to fire bomb the MOVE house, his three top lieutenants can be sued.[423] SOCIAL, ECONOMIC AND POLITICAL UPHEAVALS AND THE YEAR 2000 Justice Department outside expert Lawrence E. Sullivan wrote in his report: "If history be any judge, the change of millennium only seven years from now will be viewed as a momentous, highly charged turning point in history for many religious communities. The shift of millennia will likely be viewed as a seismic rupture in time, a break through which one may glimpse powers that transcend time, and provoke many to act in unconventional ways as they respond to messages read in the signs of an unconventional time." (JDR:Sullivan:11) We cannot ignore indications that religious zealots, survivalists, gun-toting drug gangs, gun- loving "right to bear arms" activists, tax protesters, and even secessionists will all begin or increase challenges to local, state and federal authorities as we approach the year 2000. MILLENIALISTS AND SURVIVALISTS Religious believers put the "Laws of God"--or some spiritual entity--above laws made by governments. Most consider government, and especially the federal government, to be enemies of religious freedom. In America millions of Christians are apocalyptics or millenialists convinced that Jesus will return in the midst of violent apocalypse, very possibly in the year 2000. There are also "new age" millenialists. Elizabeth Clare Prophet's Church Universal and Triumphant has predicted nuclear war as a precursor to a new age of enlightenment. And tens of thousands who celebrated the "Harmonic Convergence" in the late 1980s believe that as the millennium approaches we will experience economic collapse and the dissolution of nation states, followed by a rebirth of civilization. Many millenialists are survivalists, preparing for the inevitable collapse of law, order and food distribution networks during the time of tribulation. Many millenialists and survivalists arm themselves out of fear that governments, roving gangs, or hungry hordes from the cities will attack them during these coming times. One millennialist movement which particularly alarms law enforcement is the Christian Identity movement, also called Christian patriots, who believe that Northern European whites are the racial descendants of the Biblical people of Israel and want to break up the United States into racially and culturally separate nations. The movement has about 25,000 hardcore adherents and another 150,000 hangers- on. One of its leaders, Pete Peters, has a cable television show, "Truth for Our Times," which promotes their views.[424] Many millennialist groups regard the government's destruction of the Branch Davidians to be a symbol of the government's eagerness to destroy their religious groups as well. Some may even believe it was indeed one in a series of prophesized events that will lead to the Second Coming of Christ--especially because, much in line with the Book of Revelation, floods ravaged the midwest and fires and earthquakes ravaged California after Koresh's death. Millennialist groups surely will arise in other parts of the world. In November of 1993, thousands of followers of self-styled messiah Maria Devi Khrystos, leader of the "White Brotherhood," poured into Kiev, Ukraine. They were expecting the end of the world, to be marked by her crucifixtion, resurrection and ascension in to heaven in a ball of flame. Authorities arrested hundreds of followers, who promptly went on hunger strikes, and then arrested Khrystos and her husband for hooliganism and seizing state property.[425] Sociologist James Aho of Idaho State University predicts, "As we get closer to the millennium, there will be more and more people arming themselves for the end of the world."[426] The Washington Post writes, "Experts on millennial groups said that if there is a lesson to be learned from Waco, it may well be that law enforcement officials ought to be aware of the potency of millennial beliefs. Throughout the 1990s, interest in end-of-time prophecy will grow, as the current millennium draws to a close."[427] DRUG-PROHIBITION-RELATED VIOLENCE The Treasury Department appendix which reviews the history of BATF mentioned the "prohibition-related rise in crime and use of firearms" during the 1920s and 1930s. Much of today's violent crime is also prohibition-related, but now it is related to the prohibition of psychoactive drugs, not alcohol. The twenty-five-year-old "War on Drugs" has suppressed supplies of the popular and relatively safe drug marijuana and ensured that dealers promote dangerous and addictive--but more easily smuggled and transported--drugs like cocaine and heroin. The attraction of hefty illegal profits has led to just the sort of struggles over territory and violence between armed gangs that occurred during alcohol prohibition. (Rising taxes on cigarettes also increases cigarette-bootlegging-related crime!) Because such a high percentage of criminal arrests and imprisonments are related to non-violent drug crimes, the justice system must give early paroles to violent rapists, thieves and murderers to make room for those given long mandatory sentences for using or distributing small amounts of marijuana or cocaine. There is little doubt that 25 years of drug prohibition has created far more prohibition- related violence than 15 years of alcohol prohibition. Moreover, there is far greater random violence and violence by children than ever experienced under alcohol prohibition. Gang violence is decimating the young black male population since poor, inner-city black males see few opportunities as lucrative as dealing illegal drugs. Some consider drug prohibition itself to be a form of religious persecution against new religious movements which arose during the 1960s and advocated using psychoactive drugs as a path to spiritual enlightenment. It was a case related to Native Americans' use of peyote which led to the U.S. Supreme Court's Oregon vs. Smith ruling that so undercut religious rights. In response, hundreds of religious groups of every description joined together to pressure Congress to pass the 1993 Religious Restoration Act. However, even this act provides scant protections for those who want to use psychoactive drugs for religious purposes. The War on Drugs has led to serious abuses of American's constitutional rights and freedoms by law enforcement: use of unreliable informants, inadequate investigations of alleged crimes, increasing use of entrapment, judicial rubber-stamping of search warrants, improper use of deadly force, growing use of unjustified "no knock" warrants, increasing violations of due process of law, improper use of forfeiture proceedings to augment law enforcement budgets, and growing use of the military in domestic law enforcement. One tragic forfeiture-motivated case is that of Donald Scott, a California millionaire who owned property bordered on three sides by a national park. On October 2, 1992, Los Angeles Sheriffs, National Park and Forest Service representatives, national and California Drug Enforcement agents and the National Guard raided Donald Scott's home, on a tip that marijuana was located on the property. Hearing a commotion, Scott ran to the living room, gun in hand, and was killed as he obeyed demands he drop his weapon. The local District Attorney's office admitted that one reason for the raid was the "desire to seize and forfeit the ranch for the government."[428] Drug prohibition has fostered accelerating gang and police violence. GUN-PROHIBITION-RELATED VIOLENCE Alcohol-prohibition-related gun violence led to the first national gun laws. Likewise, drug-prohibition-related gun violence is prompting calls for more and stricter enforcement of these laws. After many years of effort, the Brady Bill handgun registration law was recently passed. Treasury Secretary Lloyd Bentsen has proposed putting 80 per cent of gun dealers out of business by raising the annual licensing fee by 2000%. Many politicians call for banning "assault weapons" and President Clinton has discussed registering all guns. The "right to bear arms" community is furious. Nationwide its organizing efforts are mushrooming. Unlike outlawing drugs, regulating and restricting gun ownership goes against a powerful American mythology--that only an armed citizenry can protect itself against an oppressive government. (Members of the Committee for Waco Justice believe that during this century non-violent action has proved to be more successful; nevertheless, individuals should not be deprived of their right to defend themselves in extreme situations where they have no other choice.) Many groups nationwide currently are planning demonstrations for April 19th, "Patriots' Day." That it is also the anniversary of the government's destruction of the Branch Davidians in its attempt to enforce gun laws is not lost on gun owners' rights activists. The tragedy in Waco may be just a foretaste of what will happen as the government tries to restrict the ownership of guns in the United States. While some columnists and politicians said Waco was an example of why we need gun control, the Committee for Waco Justice is one of many groups that insist that it was the enforcement of gun laws that triggered the disaster. We fear that we may someday see a "War on Guns" more terrifying than the current War on Drugs. Gun prohibition will only expand the already huge black market in illegal guns and bring about a rise in gun-prohibition-related crimes and gangs. The same attitudes and practices that have undermined the rights of drug users and dealers are undermining the rights of gun owners and gun dealers. More and more innocent legal gun owners--as well as individuals merely accused of owning illegal guns--may find themselves raided and assaulted by out-of-control law enforcement. The massacre of the Branch Davidians is an important factor in bringing together those who oppose drug prohibition with those who oppose gun prohibition. On January 10, 1993, the date of the opening of the trial of the eleven Branch Davidians, a coalition consisting of two leading drug legalization groups, four gun owners' rights groups, and four civil liberties groups wrote President Clinton requesting he create a commission to review unlawful policies of all federal law enforcement agencies.[429] We include more details about the coalition in a later section. ECONOMIC UNREST AND TAX REBELLION Disorganized economic protest, like the Los Angeles riots, remains a continuing threat. However, government often is less concerned about these crisis than about organized economic protest, especially tax resistance. Today the average individual pays almost 50 per cent of his or her income in local, state, and federal taxes, a percentage which will only continued to rise. Already 18 percent of Americans fail to file tax returns and many more grossly underreport their incomes. Most are people without political ideology. However, many are religious or political ideologues convinced that the government is ripping them off, that the income tax is illegal, or that God has better purposes for their wealth than sending it to "Godless" politicians. Some are libertarians who believe taxation is theft and others are war tax resisters who will not pay for war or for government violence against citizens. A small percentage are "20 somethings" convinced that the social security system will fold before they receive a cent. Meanwhile, millions of people who do pay taxes have joined local, state and national anti-tax groups which recommend and engage in lobbying to bring taxes down. America's growing federal deficit, ever rising taxes, and economic stagnation are already giving rise to radical anti- tax movements. However, it is unlikely they will be able to effect the kind of change they want through the electoral system because the majority of those who bother to vote are recipients of tax benefits: government employees, social security, medicare and medicaid recipients, pensioners, and employees of government contractors. If national health care is passed even more people will be drawn into the welfare net. SECESSIONISTS AND SEPARATISTS In fact, the passage of any compulsory national health care program might be the last straw not only for tax protesters, but for millions of Americans who still abhor what they consider to be socialist solutions. One indication of this is an October, 1993 column by libertarian conservative columnist Walter Williams: "Bill Clinton's efforts to forcibly impose socialized medicine on our nation has answered a question gnawing at me for quite some time. The question is whether we have reached a point where those of us who love liberty, private property rights, rule of law and the Constitution given us by our Founding Fathers should organize to make preparations to secede from the Union. . .The fundamental question totally ignored is whether federalized medicine is authorized by the U.S. Constitution. My thorough reading of our Constitution found no authorization for Mr. Clinton's plan. . .The only peaceful resolution is that of secession. . .After all, the right to part company is the most effective human safety valve, no matter whether it's divorce, quitting a job or secession. If there's a ban on parting company, somebody's likely to be treated like a dog. . .I hope that secession wouldn't be bloody. And it wouldn't be if the nation's socialists adopted the attitude of live and let live. But if they don't, liberty-loving people shouldn't roll over, play dead and take socialists' abuses without imposing high costs in return."[430] Williams read this column to millions of people when he filled in for vacationing talk show host Rush Limbaugh during the last week of 1993. During the show he explained that the moral justification for secession is found in the Declaration of Independence which contains in its first paragraph the sentence: "Whenever a government becomes destructive to these ends, it is the right of the people to alter or abolish it." On the December 28, 1993 show, Williams described the Utah-based Committee of 50 states, which is chaired by former governor Jay Bracken Lee. The Committee has proposed "The Ultimate Resolution," a resolution which--if endorsed by 38 state legislatures--would dissolve the entire federal apparatus when the federal debt reaches $6 trillion. The president, Congress and the federal judiciary would be fired. Each of the 50 states would become a separate and sovereign nation, free to come together to form a new confederation. The Ultimate Resolution contains a provision whereby any attempt to suspend or eliminate the U.S. Constitution would automatically cause the states to take back all the powers they have delegated to the federal government.[431] Williams endorsed this resolution. A number of ideological groups--anarchists, libertarians, greens, bioregionalists, states' rights-ists and African- American, Hispanic-American and white separatists--endorse secession or recommend the break up of the United States into a number of nations or into confederations of communities. Many citizens of Hawaii, Texas, Alaska, and Vermont already have strong secessionist sentiments. Should economic and political turmoil increase in the future, American secessionist movements might grow as well. Should Quebec break away from the rest of Canada, it doubtless will further inspire secessionists in this country. Demographics also has secessionist implications. Demographers predict that by the year 2050 the population of the United States could be more than 50% African-American, Hispanic, and Asian. In 1992 Columnist Carlos Alberto Montaner wrote: "It would be interesting to predict the United States' reaction if faced with a possible ethnic secession. Would it be necessary, like in Yugoslavia, to send in U.N. troops to keep the peace, or would the country react in a civilized manner like Czechoslovakia? Fortunately, this question won't have to be answered for 50 years. We shall see then."[432] COMMITTEE FOR WACO JUSTICE RECOMMENDATIONS RESPECT THE BILL OF RIGHTS How will politicians and law enforcement react to growing social, political and economic unrest? Will they return to surveillance and disruption of legal, non-violent political and religious groups? Oregon's Backwoods Home Magazine reports that U.S. Senate Bill 8, the Crime Control Act of 1993 would allow the seizure of homes, computers, vehicles and other property used to plan or stage any activity that results in violence, even if that violence is done by hooligan passerbys or political opponents. Will the federal government continue to entrap innocent citizens into breaking laws, as it did Randy Weaver? Should the federal government detect any hint of illegal action, will it continue making forceful executions of search and arrest warrants on shaky and biased evidence, as it did against the Branch Davidians? Will the federal government continue to persecute any political or religious group that merely discusses armed self-defense against potential illegal violent state attacks upon them? Or will it reform law enforcement practices so that citizens no longer have to fear such illegal attacks? Finally, will the FBI expand its program of hiring informants and "agents provocateurs" to infiltrate potentially violent groups, even to the point of helping them carry out their violent acts? Will it be proven that the FBI's hired informant did in fact build and plant the World Trade Center bomb? Law enforcement has a legitimate role in stopping violent attacks against citizens or government facilities once it has credible evidence that such an attack is imminent. However, law enforcement should not be paying informants to use violence against Americans! Federal agents' murder of Vicki and Samuel Weaver, Donald Scott, 86 or more Branch Davidians--and possibly the six World Trade Center bombing victims--demonstrates that federal law enforcement agencies are out of control. The Committee for Waco Justice believes that these violations of Americans' rights are inevitable with the growth of "big government." For big government needs ever growing power to enforce more and more laws, to intervene in more and more foreign nations' affairs, to levy more and more taxes--and to handle public discontent with these laws, interventions and taxes. Barring the unlikely event of a rapid and thorough downsizing in the scope, size and taxing powers of local, state and federal governments, how can we protect ourselves from governmental violations of rights, excessive use of force and collusive coverups of those crimes? Below, the Committee for Waco Justice presents a list of recommendations for protecting citizens against abuses of government power. Perhaps the most important way to stop government crimes against citizens is to revive respect for the Bill of Rights. The BATF and FBI assaults on the Branch Davidians violated eight of the ten sections of the Bill of Rights. Therefore we present our recommendations categorized under each of these first ten amendments to the U.S. Constitution. These recommendations are based on lessons learned from government excesses in the above- mentioned incidents and other, less prominent, ones. While this is not an exhaustive list, enacting these suggestions would certainly prevent another government massacre like the massacre of the Branch Davidians. 1. Protect Right to Freedom of Religion, Speech, Press, Assembly and to Petition the Government * Issue a Presidential Executive Order to ensure that only the President or the Attorney General may approve any law enforcement actions against "non-traditional" religious or political groups in order to ensure that there is credible probable cause, that non-coercive avenues of resolving possible violations are explored and that excessive force is not used. (As proposed by Justice report outside experts Lawrence E. Sullivan and Richard J. Davis.) * Ensure that only the President or the Attorney General may designate a group or category of groups suspected of breaking federal laws as being "violent" and therefore subject to governmental surveillance. Such groups should also have the right to appeal to these highest authorities if they discover such surveillance and want to challenge it. * End all governmental spying on peaceful political and religious groups, including new religious movements some call "cults." Ensure that acting BATF director John W. Magaw ends his monitoring of "cults." * End the use of the term "cult" as a category justifying investigative activities, use of force, criminal prosecution, or governmental regulation or liquidation of any group labeled a "cult." * Release all currently classified files relating to Reverend Jim Jones and the Jonestown incident in Guyana. * Prevent law enforcement agencies from receiving information from organizations--such as the Anti-Defamation League and the Cult Awareness Network--bent on harming or destroying other groups with which they have political or religious differences. * Consider Justice Department investigation of the Cult Awareness Network, its representatives and any allied groups for "conspiracy against the rights of citizens" for possible false allegations to law enforcement regarding various religious groups, including the Branch Davidians and The Family. * Make no laws or regulations restricting the press and media from covering law enforcement actions. Allow them access to allegedly dangerous situations on an "at-your-own- risk" basis. (During the June 9, 1993, House Appropriations Subcommittee meeting, WNBC reporter John Miller said "having an ongoing cooperative mechanized procedure for bring the media on such operations where appropriate. . .lessens the potential of having stragglers."[433]) 2. Protect Right to Keep and Bear Arms * Repeal all laws regulating or banning the ownership, manufacture, transfer, or sale of firearms and munitions, except those prohibiting individuals certified to be mentally unbalanced or felons convicted of violent crimes from owning weapons. However, private homeowners, businesses, and communities should retain the right to ban such weapons from their private property. * Abolish the Bureau of Tobacco, Firearms and Firearms and turn any of its legitimate functions over to state and local authorities. * Ensure all agencies enforcing regulations and laws regarding firearms and munitions act in accordance with and be held accountable to provisions of the Firearms Owners' Protection Act. 3. Protect Right to Refuse Quartering of Soldiers * Repeal all laws which permit government to quarter soldiers in wartime; while the U.S. Constitution allows this--"in a manner to be prescribed by law"--such laws are unnecessary. * Repeal any existing laws or regulations permitting federal agents to occupy private property for surveillance or other law enforcement activity without the express permission of the innocent property owner. 4. Protect Right to be Secure Against Unreasonable Searches and Seizures, including Necessity for Probable Cause before Issuance of Warrants * Include in all statutory and administrative regulations "first warning" provisions insuring investigators first warn individuals and corporate entities of possible violations; this insures individuals are not investigated, searched, arrested, tried and punished for violations of arcane, confusing and conflicting regulations. * Establish a method by which individuals discovering themselves to be under investigation regarding violations of administrative regulations or non-violent crimes may cooperate with such investigations to prevent warranted searches and arrests with the potential for employing excessive force. * Require federal agents assure the judge or magistrate not only that they have probable cause but: (a) that local and/or state authorities have been consulted about any suspect's past cooperation with law enforcement; (b) that agents justify the use of extraordinary force or unconventional entry methods, and explain why these do not constitute a "no knock" raid; (c) that agents certify that abandonment of any ongoing negotiations in a siege situation are merited; (d) that agents report if any jurisdictions involved in, or informed of, any action against a property subject to forfeiture have attempted to purchase the property in the past. * Establish disciplinary procedures to prevent judges and magistrates from simply "rubber stamping" search and arrest warrants. * Educate law enforcement agents regarding individuals' common law and statutory right to self-defense against excessive police force or against searches where the police do not announce who they are or provide the citizen with sufficient identification. Because of the national spate of break-ins by criminals claiming to be police, this right to self-defense might need to be strengthened by appropriate statutes. * Do not ease restrictions on the use of illegally obtained evidence--the exclusionary rule--as the 1993 Crime Control Act would do. 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 * Require judges to inform jurors of the common law right to judge the law, as well as the facts of the case, and to acquit a criminal defendant, or to find against the government in a civil trial, whenever they consider the law unjust or oppressive. * Require judges to inform jurors of the common law practice that if the jurors find the government's conduct unacceptable, even if the law is valid, they may acquit the defendant. * Offer just government financial restitution for all losses suffered by persons who suffer searches and property damage where no crime has been committed or where damages are disproportionately high in relation to the alleged violation. * Offer just government financial restitution to those arrested, indicted, tried, imprisoned, or otherwise injured in the course of criminal proceedings that do not result in their conviction. * End the practice of pre-conviction seizures of property in civil and criminal cases. 6. Protect Right to A Speedy Public Trial, Impartial Jury, Knowledge of Accusations, Confront Witnesses, Compel Favorable Witnesses, and Assistance of Counsel * Permit criminal defendants and civil parties in a court of law a reasonable number of peremptory challenges to proposed judges, similar to the right to challenge proposed jurors. * Educate all law enforcement agents, including members of "elite" special response teams, to the fact that loyalty to the unit does not excuse the violation of individual or constitutional rights or participation in coverups of same. They frequently must be reminded that they have taken an oath of loyalty to the constitution, not to their unit. * End the increasingly common practice of charging attorneys as co-conspirators to justify violations of the attorney-client privilege. 7. Protect Right to Trial By Jury In Civil Suits * Eliminate the doctrine of "Sovereign Immunity" which holds that the State--or its agents--may not be sued without its permission or held accountable for its actions under civil law; replace it with the principle of full liability for damages. Government employees and agents should be held personally legally and financially liable for any violations of citizens rights, including excessive use of force. 8. Protect Freedom >From Excessive Bail, Excessive Fines, or Cruel and Unusual Punishment * Repeal the Racket Influenced and Corrupt Organizations (RICO) laws which have been applied too indiscriminately, used to compel excessive fines and jeopardize First Amendment rights of all Americans to organize political demonstrations, and, especially, civil disobedience. Crimes like repeated trespass and destruction of property should be dealt with through existing local and state laws. * It should not be considered an "excessive fine" for any government employee or agent involved in rights violations, excessive use of force, and other illegal activity to lose not only their jobs, but all law enforcement-related government pensions and benefits. 9. Protect Rights Retained by the People * Facilitate the people's access to government information by ending secret classifications which prevent the public from obtaining information regarding government policies and actions (exceptions being such matters as private information coerced by government agents and defensive military plans). Government should expedite the processes by which individuals may obtain such information. * End restrictions on the people's right to use some or all currently restricted psychoactive drugs. (This should also be considered under First Amendment religious rights.) * Repeal the drug exemption to the posse comitatus law. * Work for non-violent resolution of conflicts over sovereignty should communities, regions or states assert their right to secede from the United States of America. 10. Protect Powers Reserved to the States or the People * End the practice of creating local-state-federal "multi-task forces" which override local powers so that local and state authorities cannot protect their citizens from excessive federal power. * Ensure that the people retain the power to prevent local and state involvement in federal law enforcement actions and to press criminal and civil suits against local and state law enforcement which participates in any federal violations of rights. * Restrict the Federal Bureau of Investigation to investigating only narrowly defined federal crimes like espionage, kidnapping across state lines, etc.; it should not become a national police force overriding the authority of local and state governments. * Pass an Independent Counsel law to prosecute crimes in the executive branch of government--including any massive governmental violations of citizens rights, as occurred in Waco, Texas--if the Attorney General refuses to appoint one. CONCLUSION The Committee for Waco Justice encourages civil liberties, political and religious organizations and the media to re-educate the public and politicians about the necessity for protecting individual liberty and restraining governmental power. We therefore support the January 10, 1994, letter to President Clinton from the American Civil Liberties Union, Citizens Committee for the Right to Keep and Bear Arms, the Criminal Justice Policy Foundation, the Drug Policy Foundation, the Independence Institute, the International Association for Civilian Oversight of Law Enforcement, the National Association for Criminal Defense Lawyers, the National Legal Aid and Defender Association, the National Rifle Association Institute for Legislative Affairs, and the Second Amendment Foundation. The letter calls for "a national commission to review the policies and practices of all federal law enforcement agencies and to make recommendations regarding steps that must be taken to ensure that such agencies comply with the law"--and, we would add, the Bill of Rights. The letter's signers note that "federal police officers now comprise close to 10 percent of the nation's total law enforcement" and that "some fifty-three separate federal agencies have the authority to carry firearms and make arrests." The signers recommend that the national commission be composed of law enforcement experts, constitutional scholars, criminal defense lawyers and prosecutors, judges, representatives of federal law enforcement professional and labor organizations, and representatives of organizations that monitor police practices. They end their letter by asserting that "the creation of a high level national commission will contribute greatly to the continued improvement of federal police agencies by helping to ensure that federal police not only enforce the law in an effective, humane and constitutional manner, but that they also serve as models for local and state law enforcement agencies." The Committee for Waco Justice believes all local, state and federal law enforcement agencies must overhaul their investigative and enforcement procedures to prevent another massacre like that of the Branch Davidians. We believe strict adherence to the Bill of Rights will help accomplish this. However, we also believe that our citizenry and our political culture must become more tolerant of unconventional religions and lifestyles. And we believe our government must be more willing to apply non- violent conflict resolution to the inevitable challenges to the social, economic and political status quo as we approach the year 2000. -------------------------------------------- FOOTNOTES 1/ (c) 1993 Carol Moore. Copying for non-commercial distribution encouraged. 2/ Six Branch Davidians died during the February 28, 1993 raid and, at least 80 during the April 19, 1993 fire. According to several Branch Davidians, in the last few years the group had come to call themselves "Students of the Seven Seals." However, survivors do accept the use of the term "Branch Davidian" since it is so well known at this point (private communication). 3/ April 22 and 28, 1993 House Ways and Means subcommittee hearing, p. 5. 4/ Associated Press wire story, April 26, 1993, 01:26 EDT. 5/ Michael Isikoff, "Reno Strongly Defends Raid on Cult," Washington Post, April 29, 1993. 6/ >From the Report of the Department of the Treasury on the Bureau of Alcohol, Tobacco, and Firearms Investigation of Vernon Wayne Howell also known as David Koresh, September, 1993. All references from the report will be included within the text, with the page number after the colon, e.g., (TDR:#). 7/ Louis Sahagun and Doug Conner, "Pair Acquitted of Murder in Idaho Mountain Shootout," Washington Post, July 9, 1993. 8/ "Informant said he built Trade Center Bomb," Washington Times, December 15, 1993, A5. 9/ Stephen Millies, "Did Government Agent Set World Trade Center Bomb?" Workers World Service, New York, NY 10011, January, 1994. 10/ All quotations from Clinton press conferences are from electronic mail transcripts. 11/ >From BATF Director Stephen Higgins written statement to the April 28, 1993 House Judiciary Committee hearings. Because the hearing transcripts are still in draft form, no page numbers are given. 12/ >From National Rifle Association April 19, 1993 Press Release, "NRA Calls for Congressional Inquiry into Waco Raid," and James L. Pate, "No Longer Untouchable," American Spectator, August, 1993, page 35. Pate also notes in the article that on April 19, 1993, the day of the fatal fire in Waco, 1500 BATF agents celebrated their hero Eliot Ness's birthday in Baltimore. 13/ McAlvany Intelligence Advisor, July, 1993. 14/ Account drawn from following articles: Associated Press wire story, "U.S. plods on in case against 2 white separatists in Idaho," May 10, 1993; Jerry Seper, "White separatist acquitted in marshal's murder," Washington Times, July 9, 1993; David Johnston and Stephen Labaton, "F.B.I. Shaken by Inquiry into Idaho Siege," New York Times, November 25, 1993; Jerry Seper, "FBI's Idaho firefight linked to misinformation from marshals," Washington Times, December 1, 1993. 15/ FBI Legal Handbook for Special Agents, Section 3-6.4. 16/ Jerry Seper, "FBI Agents waged war on minds," Washington Times, September 22, 1993. 17/ Michael Hedges, "FBI fined for delays in trial of Weaver," Washington Times, October 29, 1993. 18/ David Johnston and Steven Labaton, November 25, 1993. 19/ Jerry Seper, "FBI agents likely to face charges in deadly siege," Washington Times, December 14, 1993, A14. 20/ "Attorney General's Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations," 1976. 21/ "Anti-Defamation League Still Faces Legal Action," Washington Post, November 28, 1993, A12. 22/ Herb Brin, "ADL's travails bring glee to enemies of the Jews," Heritage, April 16, 1993, p. D. 23/ Associated Press wire story, April 23, 1993, 10:25 EDT. 24/ Dr. Gordon Melton presentation at American Academy of Religion panel on the Branch Davidians, Washington, D.C., November 22, 1993. 25/ Gustav Nieguhr and Pierre Thomas, "Abuse Allegations Unproven: Koresh Was Investigated in Texas, California," Washington Post, April 25, 1993, A20. 26/ "30 Members of Children of God Arrested," Washington Post, September 2, 1993. 27/ December, 1993 Letter to Senators from Charles Russell of The Family, Los Angeles, CA. 28/ Information on CAN and unfootnoted quotes are from the Ross & Green Report "What is the Cult Awareness Network and What Role Did It Plan in Waco?", 1993. Available from Ross & Green, 1010 Vermont Avenue, NW, Suite 118, Washington, D.C., 20005. ("Ross" is no relation to Rick Ross.) 29/ All references from the Justice Department report will be included within the text, with the page number after the colon. The report consisted of 4 books and an unbound paper. (JDR:#) refers to the largest book, the factual report. All other references will include the name of each specific contributor, e.g., (JDR:Dennis:#) or (JDR:Stone:#). 30/ A description of Representative Leo Ryan's actions against Jim Jones and their similarity to the Cult Awareness Network's actions against the Branch Davidians is contained in Peter McWilliams Ain't Nobody's Business If You Do in the chapter on "Unconventional Religious Practices," pgs. 621- 639. (Santa Monica: Prelude Press, 1993). 31/ Steven R. Reed, "Would-be Messiah gave death, not life," Houston Chronicle, April 20, 1993, 18A. 32/ Alexander Cockburn, ">From Salem to Waco, by Way of the Nazis," Los Angeles Times, April 27, 1993. 33/ Scott Shepard, "ATF chief vows to keep an eye on religious cults", Washington Times, November 2, 1993, A3. 34/ Information from Clifford L. Linedecker, Massacre at Waco, Texas, (New York: St. Martin's Press, 1993) and Brad Bailey and Bob Darden, Mad Man in Waco, (Waco, Texas: WRS Publishing, 1993). 35/ June 9, 1993, House Appropriations Subcommittee on the Treasury, Postal Service, and General Government Appropriations, p. 189. 36/ Unless otherwise noted, material on or attributed to Marc Breault is from his book, Inside the Cult, co-authored by Martin King, (New York: Signet Books, 1993). 37/ Maury Povich television show, November 9, 1993. Povich presented two interview shows about the Branch Davidians on November 8 and 9, 1993. 38/ Marc Breault and Martin King, p. 245. 39/ Clifford L. Linedecker, pgs. 144-147. 40/ Newsweek, May 3, 1993, p. 27. 41/ Gustav Nieguhr and Pierre Thomas, April 25, 1993, A20. 42/ Clifford L. Linedecker, p. 144. 43/ Gustav Nieguhr and Pierre Thomas, April 25, 1993, A20. 44/ "Cult kids' discipline tough, but wasn't abuse, says doctor," Washington Times, May 6, 1993. 45/ Sue Anne Pressley, "Waco Cult's Children Describe Beatings, Lectures, War Games: Experts Fail to Confirm Abuse of Cult's Children," Washington Post, May 5, 1993, A17. 46/ Daniel Wattenberg, "Gunning for Koresh," American Spectator, August, 1993, p. 38. 47/ Newsweek, May 17, 1993, p. 50. 48/ Marc Breault and Martin King, p. 92. 49/ Gustav Nieguhr and Pierre Thomas, April 25, 1993. 50/ Clifford L. Linedecker, p. 153. 51/ Associated Press wire story, March 1, 1993. 52/ Louis Sahagun and J. Michael Kennedy, "FBI places full blame on Koresh for Tragedy," New York Times, April 20, 1993, A20. 53/ Ruth Riddle interview on "Dateline NBC", June 15, 1993. 54/ Maury Povich television show, November 8, 1993. 55/ Clifford L. Linedecker, pgs. 151-152. 56/ Brad Bailey and Bob Darden, p. 152. 57/ Michael deCourcy Hinds, April 20, 1993, A20. 58/ Houston Post, March 8, 1993, p. A10. 59/ Houston Post, March 9, 1993, A13. 60/ Steven R. Reed, "Would-be Messiah gave death, not life," Houston Post, April 20, 1993. 61/ "Seven Seals rich in imagery," Houston Post, April 20, 1993, 16A. This version is from the Oxford Study Bible. 62/ The fact that Kathryn Schroeder made the allegation is from Associated Press wire story, October 2, 1993, 12:18 EST. The actual quotation is from the Treasury report, p. 127. 63/ Maury Povich television show, November 8, 1993. 64/ Paul H. Blackman report, "Affidavit to Kill," Institute for Legislative Action, National Rifle Association, p. 9. 65/ Federal Search Warrant Case Number W93-15M: issued on the probable cause to believe that unregistered machineguns and destructive devices concealed in violation of 18 and 26 USC.; Federal arrest warrant for Vernon Wayne Howell Case Number W93-17m issued in the belief he was in unlawful possession of an unregistered destructive device in violation of 26 USC. >From June 9, 1993, House Appropriations subcommittee hearing, p. 93. 66/ Michael Isikoff, "Treasury Balked at First At ATF's Raid on Cult," Washington Post, May 1, 1993. Then consultant, now Assistant Secretary for Law Enforcement, Philip K. Noble made the comment. 67/ Sam Howe Verhovek, "Scores die as cult compound is set afire," New York Times, April 20, 1993. 68/ "Cult Had Illegal Arms, Expert Says," New York Times, January 15, 1994. 69/ Jim McGee and William Clairborne, "The Transformation of the Waco 'Messiah'," Washington Post, May 9, 1993, A19. 70/ Marc Breault and Martin King, p. 223. 71/ Clifford L. Linedecker, p. 10. 72/ Paul H. Blackman report, p. 4. 73/ Associated Press wire story, January 13, 1994, 12:36 EST. 74/ Hugh Aynesworth, "President calls for investigation," Washington Post, April 21, 1993. 75/ Daniel Wattenberg, p. 33. 76/ Paul H. Blackman, report, p. 51. 77/ Ibid. 23. 78/ Ross and Green report, p. 12. 79/ Clifford L. Linedecker, pgs. 144-147. 80/ Marc Breault and Martin King, p. 317. 81/ Clifford L. Linedecker, on pgs. 17-18, presents the only available evidence of the alleged name change. Member Perry Jones allegedly paid a bill at "Central Rental" in Waco and said Mount Carmel's new name was "Ranch Apocalypse." However, this seems to have been an in-house joke, not an official name change. 82/ June 9, 1993 House Appropriations subcommittee hearing, p. 15. 83/ Daniel Wattenberg, p. 36. 84/ Daniel Wattenberg, p. 33. 85/ Paul H. Blackman report, p. 10. 86/ Ibid. pgs. 12-13. 87/ Ibid. p. 17. 88/ Larry Pratt, Gun Owners of America Special Report, "Could a Search Warrant Be Your Death Warrant?," 1993, p. 2. 89/ Paul H. Blackman report, p. 6. 90/ Ibid. p. 21. 91/ Marc Breault and Martin King, pgs. 317-318. 92/ Roy Bragg, "Ex-prosecutor laments agents' `storm trooper' tactics," Houston Chronicle, March 2, 1993. 93/ Dirk Johnson, "40 Bodies of Cult Members are Found in Charred Ruins," New York Times, April 22, 1993, B12. 94/ Lexington (KY) Herald-Leader, March 7, 1993, A2. 95/ James L. Pate, "Waco: Behind the Cover-Up," Soldier of Fortune, November, 1993, pgs. 36-41, 71-72. 96/ Marc Smith, "Agent allegedly refused Koresh's offer," Houston Chronicle, September 11, 1993. 97/ Associated Press, "Gun Dealer Alerted Koresh to ATF Probe, Lawyer Says," Houston Post, September 11, 1993. 98/ April 9, 1993 House Appropriations subcommittee hearing, p. 137. 99/ Ibid. pgs. 163-164. 100/ Ibid. p. 77. 101/ Ibid. pgs. 130, 137-138. 102/ Marc Breault and Martin King, p. 245. 103/ Clifford L. Linedecker, p. 16. 104/ Marc Breault and Martin King, p. 318. 105/ Dallas Morning News, May 13, 1993, 8A. 106/ While here he may have meant "children" in the larger sense of his followers, Koresh's claim elsewhere on the tape that his 2-year-old daughter had been killed was not true, according to his attorney Dick DeGuerin and surviving Branch Davidians. 107/ "Koresh to agents: Should have called me," Washington Times, May 26, 1993. 108/ Newsweek, March 15, 1993, p. 55. 109/ Time, March 15, 1993, p. 39. 110/ Marc Breault and Martin King, p. 299. 111/ Larry Pratt report, p. 15. 112/ Marc Breault and Martin King, p. 306-307. 113/ Gustav Nieguhr and Pierre Thomas, April 25, 1993, A20. 114/ "A Botched Mission in Waco, Texas," U.S. News and World Report, March 5, 1993. 115/ Associated Press wire story, April 22, 1993, 13:04 EDT. 116/ Stephen Labaton, "Firearms Agency Struggles to Rise >>From Ashes of Waco Raid," New York Times, November 5, 1993, A21. 117/ June 9, 1993, House Appropriations subcommittee hearing, pgs. 144-145. 118/ Marc Breault and Martin King, p. 106. 119/ Daniel Wattenberg, August, 1993, p. 32. 120/ Joseph Sobran, "Applying the Cult Label," Washington Times, March 22, 1993. 121/ June 9, 1993, House Appropriations subcommittee hearing, p. 77-78. 122/ Private communication with Terry Liberty Parker of Austin, Texas. 123/ June 9, 1993, House Appropriations subcommittee hearing, p. 342. 124/ Ibid. p. 189. 125/ Ibid. pgs. 177-178. 126/ June 9, 1993, House Appropriations subcommittee hearing, p. 175. 127/ James L. Pate, "Gun Gestapo's Day of Infamy," Soldier of Fortune, June, 1993, p. 62. 128/ USA Today, April 21, 1993, A4. 129/ Associated Press wire story, February 28, 1993. 130/ Daniel Wattenberg, p. 40. 131/ Scott Pendleton, "Waco Siege Prompts Scrutiny of Agency," Christian Science Monitor, April 8, 1993, p. 8. 132/ Account from four January 19, 1994 news stories: Kathy Fair, "ATF agent testifies about cult ambush," Houston Chronicle, 8A; "1st Eyewitness Testifies at Branch Davidian Trial," Washington Post; Chip Brown, "Davidians fired first, agent says," Washington Times; "Witness Says Cult Ambushed Agents but Acknowledges Blunders," New York Times. 133/ Kathy Fair, "Witnesses testify Koresh cultists fired first," Houston Chronicle, January 21, 1994, 23A. 134/ Lee Hancock, "Television Photographer Says He Tipped Waco Cult," Washington Post, August 28, 1993. 135/ Washington Post, January 19, 1994. 136/ Houston Post, March 4, 1993, A20. 137/ Kathy Fair, "Cult assembled weapons in compound, FBI says," Houston Chronicle, January 15, 1994, 36A. 138/ James L. Pate, "What the Feds Don't Want you to Know about Waco," Soldier of Fortune, October, 1993, p. 102. 139/ James L. Pate, October, 1993, p. 10. 140/ Associated Press wire story, March 24, 1993, 20:09 EST. 141/ "Witness Says Cult Ambushed Agents but Acknowledges Blunders," New York Times, January, 19, 1994. 142/ Scott W. Wright, "Agents at Branch Davidian Trial Describe Blitz of Bullets at Raid," Austin American- Statesman, January 21, 1994, B3. 143/ Ibid. 144/ James L. Pate, October 1993, pgs. 93 and 101. 145/ "Much Evidence and Conflict in Branch Davidians' Trial," New York Times, January 17, 1994. 146/ Stephen Labaton and Sam Howe Verhovek, "U.S. Agents Say Fatal Flaws Doomed Raid on Waco Cult," New York Times, April 28, 1993, A20. 147/ Order, April 20, U.S. v. Vernon Wayne Howell, U.S. District Court of the Western District of Texas, Waco Division. 148/ "FBI Places Full Blame on Koresh for Tragedy," Los Angeles Times, April 21, 1993, A6. 149/ Information from letter to editor of Portland Oregonian submitted by Jim Bell, November, 1993. 150/ James L. Pate, June, 1993, pgs. 51-52. 151/ "Sect's Lawyers Dispute Gunfight Details," New York Times, April 5, 1993, A10 and transcript of September 30, 1993 Treasury Department press conference. 152/ New York Times, April 5, 1993, A10. 153/ June 9, 1993, House Appropriations subcommittee hearing, pgs. 99-129. 154/ Associate Press story, "FBI tape of Waco talks probed," Washington Times, June 17, 1993. 155/ "Much Evidence and Conflict in Branch Davidians' Trial," New York Times, January 17, 1994. 156/ Kathy Fair, "Cult assembled weapons in compound, FBI says," Houston Chronicle, January 15, 1994, 36A. 157/ Interview with Catherine Matteson, August 30, 1993, on file at Gun Owners of America. 158/ Sue Anne Pressley, May 5, 1993, A17. 159/ Kathy Fair, "Cult members `executed' injured, prosecutors say," Houston Chronicle, January 13, 1994, A6. 160/ "3 Waco Cultists Shot Point-Blank, Autopsies Show," Washington Post, July 15, 1993, A4. 161/ Brad Bailey and Bob Darden, pgs. 172-173. 162/ James L. Pate, October, 1993, pgs. 101-102. 163/ New York Times, April 5, 1993, A10. 164/ Roy Bragg, "Ill-fated ATF raid: the beginning of the end," Houston Chronicle, April 20, 1993, 17A. 165/ New York Times, January 17, 1994. 166/ On page 104 the Treasury Report does describe in detail the type of guns which killed Branch Davidians. 167/ "ATF agent tells of retrieving dead," Washington Times, January 25, 1994. 168/ Dallas Morning News, March 3, 1993; Newsweek, March 15, 1993, p. 54. 169/ On December 7, 1993 KWTX's Ray Deaver told us station employees had edited the tape and that it had not been impounded by the government. Nor had the tape been subpoenaed for the Branch Davidian trials. 170/ "ATF agent says he may have shot comrade," Washington Times, January 26, 1994. 171/ "Was It Friendly Fire?", Newsweek, April 5, 1993, p. 50. 172/ James L. Pate, July, 1993, 53. 173/ Stephen Labaton and Sam Howe Verhovek, March 28, 1993. 174/ Washington Times, January 26, 1994. 175/ John McLamore and Dan Mulloney statement on Maury Povich television show, November 9, 1993. 176/ >From audio tape of John O. Lumpkin, Texas Bureau Chief of the Associated Press, speaking at September 10, 1993 Freedom of Information Foundation panel on "Mt. Carmel: What Should the Public Know." 177/ Associated Press wire story, March 13, 1993, 02:57 EST. 178/ Paul H. Blackman report, p. 51. 179/ Mary Jordan and Sue Anne Pressley, "Cult Leader Wants to Die a Martyr in `All-Out Firefight'," Washington Post, March 9, 1993. 180/ "The Seven Week Siege," Washington Post, April 20, 1993, A8. 181/ New York Times, April 5, 1993, A10. 182/ June 9, 1993, House Appropriations subcommittee hearing, p. 137. 183/ >From audiotape of September 10, 1993 Freedom of Information Foundation media panel. 184/ Paul H. Blackman report, p. 50. 185/ James L. Pate, "Government's Waco Whitewash," Soldier of Fortune, January, 1994. p. 69. 186/ Ron Engelman, "Ron's Waco Update," The Freedom Report, September, 1993. 187/ Hugh Aynesworth, "Koresh followers set fires," Washington Times, April 27, 1993. 188/ June 9, 1993, House Appropriations subcommittee hearing, p. 60. 189/ Ibid. p. 18. 190/ Newsweek, March 15, 1993, p. 55. 191/ Jerry Seper, "ATF chief denies Waco cover-up,' Washington Times, April 19, 1993, A3. 192/ Kathy Fair, "Report on Waco cult raid likely to be scathing," Houston Chronicle, September 26, 1993, 9A. 193/ Clifford L. Linedecker, p. 27. 194/ Associated Press wire story, March 11, 1993, 16:23 EST. 195/ "Jury Told of Gunfire and Horror in Texas Siege," New York Times, January 13, 1994. 196/ "How David Koresh Got All Those Guns," U.S. News and World Report, June 7, 1993, p. 42. 197/ "Cult had illegal Arms, Expert Says," New York Times, January 15, 1994 and Kathy Fair, "Jurors see a parade of cult weapons," Washington Times, January 14, 1994, 26A. 198/ "Koresh Follower Pleads Guilty to Resisting Officer," New York Times, September 12, 1993. 199/ Lee Hancock, "Thousands protest proposal to limit access to cult data," Dallas Morning News, September 23, 1993. 200/ Freedom of Information Foundation Press Release, September 25, 1993. 201/ Jerry Seper, "Treasury wants to hid reports on Waco raid," Washington Times, September 2, 1993. 202/ June 9, 1993, House Appropriations Subcommittee Hearings, pgs. 69 and 84. 203/ Scott Shepard, "ATF chief vows to keep an eye on religious cults", Washington Times, November 2, 1993, A3. 204/ Jerry Seper, "New ATF chief tells panel his bureau will be ready for Waco-like situations," Washington Times, October 23, 1993. 205/ In the coming weeks law enforcement agencies would deploy the following number of personnel: FBI-668, ATF-136, U.S. Customs-6, Waco Police-18, McLennan County Sheriff's Office-17, Texas Rangers-31, Texas Dept of Public Safety Patrol-131, U.S. Army-15, Texas National Guard-13. (JDR:10) 206/ Dr. Philip Arnold and Dr. James Tabor, "Comments and Clarifications" section of "The Decoded Message of the Seven Seals of the Book of Revelation" by David Koresh. 207/ "Ex-prosecutor laments agents' `storm trooper' tactics," Houston Chronicle, March 2, 1993. 208/ Audio tape of the September 10, 1993 Freedom of Information Foundation media panel on Waco. 209/ Brad Bailey and Bob Darden, p. 232. 210/ Paul McKay, "Photographers for Chronicle, AP arrested," Houston Chronicle, April 22, 1993. 211/ Brad Bailey and Bob Darden, p. 206. 212/ Mary Jordan and Sue Anne Pressley, May 9, 1993, A1. 213/ April 22, 1993, Senate Committee on Appropriations hearing, p. 122. 214/ Paul H. Blackman report, p. 56. 215/ Libertarian Party of Dallas 1993 promotional materials on Ron Engelman talk video tape. 216/ Naftali Bendavid, "The Costs of Cult Standoff: Were Estimates Too High?" Legal Times, May 3, 1993, p. 18. 217/ Interview on "Dateline NBC," June 15, 1993. 218/ During the April 28, 1993 House Judiciary Committee hearings probably-confused FBI Director William Sessions asserted that "cult experts" had advised the government to leave the area and give up on arresting the Branch Davidians. 219/ Maury Povich television show, November 8, 1993. 220/ James L. Pate, October, 1993, p. 73. 221/ Associated Press wire story, March 16, 1993, 4:42 EST. 222/ Nancy Ammerman presentation at November 22, 1993 American Academy of Religion panel on Branch Davidians. 223/ "Bad Attitude Turns Fatal," The Balance, August, 1993. 224/ Nancy Ammerman presentation, November 22, 1993. 225/ Information from Dr. Gordon Melton talk at the November 22, 1993 American Academy of Religion panel on the Branch Davidians and private communication. 226/ Louis Sahagun and J. Michael Kennedy, "FBI Places Full Blame on Koresh for Tragedy," Los Angeles Times, April 21, 1993. 227/ Michael Isikoff and Pierre Thomas, "Reno, FBI Took Fatal Gamble," Washington Post, April 21, 1993, A15. 228/ Sam Howe Verhovek, "F.B.I. Saw the Ego in Koresh But Missed Willingness to Die," New York Times, April 22, 1993, B13. 229/ Marc Breault and Martin King, pgs. 335-336. 230/ Sam Howe Verhovek, April 21, 1993, A20. 231/ "FBI brings out secret electronic weapons as Waco siege drags on," Sunday Times of London, March 21, 1993. 232/ Mary Jordan and Sue Anne Pressley, March 8, 1993. 233/ "Primetime Live" television special on Waco, January 13, 1994. 234/ Brad Bailey and Bob Darden, p. 246. 235/ Dan Friedman, "Wealth of advice seen as costly to FBI at Waco," Washington Times, October 8, 1993. 236/ New York Times, April 5, 1993, A10. 237/ Maury Povich television show, November 8, 1993. 238/ JoAnn Zuniga, "Outcome shocks compound visitor," Houston Chronicle, April 20, 1993, 16A. 239/ Associated Press wire story, March 25, 1993, 03:53 EST. 240/ Dirk Johnson, "Inside the Cult: Fire and Terror on the Final Day," New York Times, April 26, 1993, B10. 241/ New York Times, April 5, 1993, A10. 242/ Paul Craig Roberts, "Unsettling questions in probe of Waco," Washington Times, June 1, 1993, E3. 243/ James Adams, "They Could Have Waited: A Lesson in How Not to Play the Hostage Game," Washington Post, April 25, 1993, C3. 244/ Associated Press wire story, March 16, 1993, 04:25 EST. 245/ Brad Bailey and Bob Darden, p. 233. 246/ Clifford L. Linedecker, p. 215. 247/ Much of information about Dr. Arnold's experience from November 22, 1993 interview at Reunion Institute dinner in Washington, D.C. 248/ Time, May 3, 1993, p. 42. 249/ Michael Isikoff and Pierre Thomas, "Reno Says, `I Made the Decision,'" Washington Post, April 20, 1993, A9. 250/ Michael Isikoff and Pierre Thomas, April 20, 1993, A9. 251/ Brad Bailey and Bob Darden, p. 205. 252/ U.S. News and World Report, May 3, 1993, p. 30. 253/ Mark Smith, "Cult leaders lawyers urge probe of FBI," Houston Chronicle, April 20, 1993, 13A. 254/ Sue Ann Pressley and Mary Jordan, "Cultist may have been forced to stay," Washington Post, April 21, 1993. 255/ Associate Press wire story, April 21, 1993, 18:24 EDT. 256/ Marc Breault and Martin King, pgs. 336-337. 257/ Associated Press wire story, October 10, 1993, 15:23 EDT. 258/ Michael Isikoff and Pierre Thomas, "FBI Negotiators Detail Koresh's Threats to Avoid Being Captured," Washington Post, April 22, 1993, A14. 259/ Jerry Seper, "FBI used chemical banned for war," Washington Times, April 22, 1993. 260/ Ibid. 261/ Malcolm W. Browne, "Chemical Isn't Meant to Cause Fire," New York Times, April 20, 1993. 262/ James L. Pate, October, 1993. 263/ Associated Press wire story, March 18, 1993, 21:40 EST. 264/ Jerry Seper, "House Panel Looks at FBI's assault on Waco cultists," Washington Times, April 29, 1993. 265/ Michael Isikoff, "FBI Clashed Over Waco, Report Says," Washington Post, October 9, 1993, A10. 266/ James L. Pate, July, 1993. 267/ Michael Isikoff and Pierre Thomas, "Reno Says, `I Made the Decision,'" Washington Post, April 20, 1993, A9. 268/ David Johnston, "U.S. Saw Waco Assault as Best Option," New York Times, April 25, 1993, A32. 269/ Dirk Johnson, April 26, 1993, B10. 270/ James L. Pate, July, 1993. 271/ Hugh Aynesworth, "President calls for investigation," Washington Post, April 21, 1993. 272/ Jeffrey H. Birnbaum, "A Week in the Life," Wall Street Journal, March 9, 1993. 273/ Sue Anne Pressley, April 20, 1993, A20. 274/ Carol Moore, primary author of this report, is the great-great-great-great grand daughter of Colonel James Barrett, commander of the militia at Concord. Most of the weapons were stored at Barrett's farm, which was the primary target of the British expedition. Barrett later gave the order to fire upon the British, should they fire first. 275/ Dirk Johnson, April 26, 1993, B10. 276/ Ibid. B10. 277/ Newsweek, May 3, 1993, p. 24. 278/ Ross E. Milloy, "An Angry Telephone Calls Signals the End of the World for Cult Members," New York Times, April 20, 1993, A21. 279/ Graphics box, New York Times, April 20, 1993, A20. 280/ Interview on Dateline NBC, June 15, 1993. 281/ Dirk Johnson, April 26, 1993, B10. 282/ Comments at Reunion Institute Dinner, November 22, 1993. 283/ James L. Pate, July, 1993. 284/ Dirk Johnson, April 26, 1993, B10. 285/ Sue Anne Pressley, April 20, 1993, A20. 286/ "Reno cleared FBI's assault on cult complex," Washington Times, April 20, 1993. 287/ Michael Isikoff and Pierre Thomas, April 22, 1993, A14. 288/ Ibid. A14. 289/ The 1993 video tape is a dramatic and effective introduction to the subject. However, it does include several inaccurate or dubious assertions. To obtain the tape contact WACO, P.O. Box 14, Beech Grove, IN 46107, 1-800-758-0308. 290/ Newsweek, May 3, 1993, p. 28. 291/ Transcript of the April 19, 1993, 10:30 a.m. FBI press conference. 292/ Newsweek, May 3, 1993, p. 26 and Sue Anne Pressley and Mary Jordan, "Cult survivors offer glimpse inside waco inferno," Washington Post, April 24, 1993. 293/ Sue Anne Pressley, "Koresh Wound Not Typical of a Suicide, Doctor Says," Washington Post, May 18, 1993, A3. 294/ James L. Pate, October, 1993. 295/ "Mark Potok, "Davidian trial's hoopla mirrors strange case," USA Today, January 11, 1994, A3. 296/ Newsweek, April 5, 1993, p. 26. 297/ Time, May 3, 1993, p. 31. 298/ Stephen Labaton, "Reno Says Suicides Seemed Unlikely," New York Times, April 20, 1993, A21. 299/ Laura Bell, "Parkland to Sue Over Davidians' Medical Bills," Dallas Morning News, November 4, 1993. 300/ Sam Howe Verhovek, "Scores Die as Cult Compound is Set on Fire," New York Times, April 20, 1993. 301/ Louis Sahagun and J. Michael Kennedy, "FBI Places Full Blame on Koresh for Tragedy," Los Angeles Times, April 21, 1993. 302/ Associated Press wire story, April 22, 1993, 08:26 EDT. 303/ Sue Anne Pressley and Mary Jordan, April 24, 1993, A7. 304/ Brad Bailey and Bob Darden, p. 211. 305/ Ross Milloy, April 20, 1993, A21. 306/ The Abrams is the largest tank used against the Branch Davidians. HRT Commander Richard Rogers was in the one Abrams tank used on April 19. Whether he was in fact inside the tank which survivors claim started the fire should be investigated. (JDR:281,285) (Also, one former Army enlistee told us that because of its huge weight, the tank has brake problems which are exacerbated if the tank is exposed to particulate matter, like CS gas.) 307/ Associated Press story, "Tanks, chemicals couldn't break resolve of cultists," Washington Times, April 23, 1993. 308/ "Workers Pick Through Cult's Compound," New York Times, April 23, 1993, A20. 309/ Associated Press wire story, April 22, 1993, 08:26 EDT. 310/ James L. Pate, October, 1993, p. 75. 311/ Newsweek, May 3, 1993, p. 26. 312/ Interview on "Dateline NBC," June 15, 1993. 313/ Interview on "Good Morning America," May 15, 1993. 314/ Time, May 3, 1993, p. 42. 315/ Interview on "Good Morning America," June, 1993. 316/ Hugh Aynesworth, "President calls for investigation," Washington Post, April 21, 1993. 317/ Newsweek, May 3, 1993, p. 25. 318/ Mary Jordan and Sue Anne Pressley, "Examiners Work to Identify Bodies," Washington Post, April 23, 1993. 319/ >From audio tape of October 8, 1993, Justice Department press conference. 320/ Associated Press story, "Tanks, chemicals couldn't break resolve of cultists," Washington Times, April 23, 1993. 321/ Associated Press wire story April 22, 1993, 08:26 EDT. 322/ New York Times, April 23, 1993, A20. 323/ Mary Jordan and Sue Anne Pressley, April 23, 1993. 324/ James L. Pate, "Waco Whitewash Continues," Soldier of Fortune, February, 1994, p. 59-60. 325/ Sue Ann Pressley and Mary Jordan, April 23, 1993, A16. 326/ Jerry Seper, "FBI still probing video of tank at Waco," Washington Times, October 9, 1993, A9. 327/ Sue Anne Pressley and Mary Jordan, April 21, 1993, A1. 328/ Michael deCourcy Hinds, "Fire Experts, Fire Tapes Provide Rare Evidence," New York Times, April 28, 1993, A16. 329/ Interview on "Good Morning America," May 17, 1993. 330/ Interview on "Dateline NBC," June 15, 1993. 331/ Sam Howe Verhovek, "Investigators Puzzle Over Last Minutes of Koresh," New York Times, May 5, 1993, A18. 332/ Michael Hedges, "Search for corpses starts," Washington Times, April 22,1993, A1. 333/ JoAnn Zuniga, April 20, 1993. 334/ Louis Sahagun and J. Michael Kennedy, April 21, 1993, A6. 335/ Sam Howe Verhovek, April 21, 1993, A1 and A20. 336/ Dirk Johnson, April 26, 1993, A1. 337/ "Waco Siege Ends in Dozens of Deaths as Cult Site Burns After FBI Assault," Washington Post, April 20, 1993, A8. 338/ Sue Anne Pressley, "Waco Cult Adept in `Theology of Death,' Trial Told," Washington Post, January 13, 1994. 339/ Kathy Fair, "Cult members `executed' injured, prosecutors say," Houston Chronicle, January 13, 1994, 6A. 340/ Stephen Labaton, "Officials Contradict One Another on Rationale for Assault on Cult," New York Times, April 21, 1993, A21. 341/ Sam Howe Verhovek, April 21, 1993, A1. 342/ Louis Sahagun and J. Michael Kennedy, April 22, 1993. 343/ Sue Anne Pressley, April 20, 1993, A8. 344/ Michael deCourcy Hinds, April 20, 1993, A20. 345/ Sue Anne Pressley, April 20, 1993, A20. 346/ Sam Howe Verhovek, April 20, 1993, A1. 347/ Associated Press wire story, August 26, 1993, 05:29 EDT. 348/ "FBI Agent Suggests Koresh Was Killed by Vengeful Aide," Dallas Morning News, September 5, 1993. 349/ Michael deCourcy Hinds, "Arson Investigators Say Cult Members Started Fire," New York Times, April 27, 1993. 350/ Michael deCourcy Hinds, "For Experts, Fire Tapes Provide Rare Evidence," New York Times, April 28, 1993, A16. 351/ "Cultist's lawyer calls bulldozing of site a cover-up," Washington Times, May 13, 1993. 352/ Sue Anne Pressley and Mary Jordan, April 21, 1993. 353/ J. Michael Kennedy, "Waco Cult Set Fire, Texas Officials Say," Los Angeles Times, April 27, 1993, A7 and Michael deCourcy Hinds, April 27, 1993. 354/ James L. Pate, October, 1993. 355/ James L. Pate, "Waco:Behind the Cover-Up," Soldier of Fortune, November, 1993, pgs. 74-75. 356/ Associate Press wire story, April 27, 1993, 04:10 EDT. 357/ Michael deCourcy Hinds, April 28, 1993, A16. 358/ Newsweek, May 3, 1993, p. 26. 359/ Hugh Aynesworth, "Koresh followers set fires," Washington Times, April 27, 1993. 360/ Sue Ann Pressley, "Cultists Started Fire in Waco, Probers Say," Washington Post, April 27, 1993. 361/ "Cultists had tunnel to escape fire, arson prober says," Washington Times, May 1, 1993, A5. 362/ Michael Isikoff and Pierre Thomas, "Reno Says, `I Made the Decision,'" Washington Post, April 20, 1993, A9. 363/ Stephen Labaton, "U.S. Opens Up to Avoid Backlash on Cult Attack," New York Times, April 22, 1993, B13. 364/ Stephen Labaton, "Officials Contradict One Another on Rationale for Assault on Cult," New York Times, April 21, 1993, A1. 365/ Associated Press wire story April 21, 1993, 18:15 EDT. 366/ Michael Isikoff, "Waco Siege Prompts Crisis Training for Top Justice Department Officials," Washington Post, December 9, 1993. 367/ Federal News Service transcription of April 20, 1993 press conference. 368/ Michael Isikoff and Pierre Thomas, April 20, 1993, A9. 369/ Stephen Labaton, April 21, 1993, A21. 370/ Paul Craig Roberts, "Rallying Round Reno," Washington Times, May 7, 1993. 371/ Stephen Labaton, "Inquiry Won't Look at Final Waco Raid," New York Times, May 16, 1993, A20. 372/ Stephen Labaton, "Justice Inquiry Will Now Examine Assault on Cult," New York Times, May 18, 1993. 373/ Michael deCourcy Hinds, "Toll is Lowered for Sect Dead to Around 72," New York Times, April 30, 1993, A12. 374/ William Safire column, "Waco, Reno, Iraq-gate", October 14, 1993. 375/ Mary McGrory, "Clinton Closes the Iraqgate," Washington Post, November 14, 1993. 376/ James L. Pate, "One Hand Whitewashes the Other," Soldier of Fortune, February, 1994, pg. 60. 377/ Stephen Labaton, "Report on Siege to Blame Agents, Law Officials Say," New York Times, October 2, 1993, A8. 378/ Jerry Seper, "Whitewater probe grows to include state agency," and "State agency Major Source of funds for Clinton backers," Washington Times, January 24, 1994, A1, A9. 379/ Jerry Seper, "Tragedy Blamed on Cult: Reno Says Report is Not A Whitewash," Washington Times, October 9, 1993. 380/ Michael Kirkland, "Justice Department rejects charges of Waco `whitewash,'" United Press International, October 14, 1993. 381/ Michael Isikoff, "FBI Clashed Over Waco, Report Says," Washington Post, October 9, 1993, A10. 382/ Stephen Labaton, "Harsh Criticism of F.B.I. in Review of Cult Assault," New York Times, November 16, 1993. 383/ Associated Press story, "FBI tape of Waco talks probed," Washington Times, June 17, 1993. 384/ Michael Isikoff, October 9, 1993. 385/ Associated Press wire story, 12/08 18:31 EST. 386/ Jerry Seper, "Tragedy Blamed on Cult," October 9, 1993. 387/ "No sanctions expected in Waco raid," Washington Times, October 14, 1993. 388/ John McCaslin's August 4, 1993 Washington Times column quotes Stacy Koon, one of the two Los Angeles policemen convicted in federal court of felony violations of Rodney King's civil rights: "The government used the same arguments in Waco--the suspect(s) set the tone and the officers responded to it. . .The difference is that we had 82 seconds; the federal government had 50-plus days in Waco. . .They had time to think and analyze and come up with game plans and they had the ability to wait out--we didn't have that. They used the same argument, and, in that case, people died, multiple people died." Speaking of Janet Reno, he said, "She, like I, took responsibility. . .Then there was a negative outcome--50 people died. The state of Texas should try her for multiple cases of murder. If the state of Texas then does not find her guilty, the federal government should come in and try her for civil rights violations." Similarly, Paul Craig Roberts wrote in his April 22, 1993, syndicated column, "If Rodney King's civil rights were violated, what happened in Waco?. . .If a billy club is excessive force, what is a tank?" 389/ "Jury Told of Gunfire and Horror in Texas Siege," New York Times, January 13, 1994. 390/ Hugh Aynesworth, January 7, 1994, A7. 391/ Hugh Aynesworth, "Prosecution to begin for Davidian cultists," Washington Times, January 7, 1994, A7. 392/ Sue Anne Pressley, "An Opportunity for the Branch Davidians," Washington Post, January 9, 1994, A4. 393/ "Prosecutors Expand Case Against Texas Cult," New York Times, August 22, 1993. 394/ New York Times, January 15, 1994. 395/ "Branch Davidian judge wants anonymous jury," Washington Times, December 14, 1993. 396/ Associated Press wire story, December 29, 1993, 21:22 EST. 397/ Associate Press wire story, January 11, 1994, 18:00 EST. 398/ Lone Star FIJA Press Releases, January 3, 1994 and January 11, 1994. To contact Lone Star FIJA on this matter call Larry Dodge (214)357-0902 or Ruth Claus or San Antonio FIJA at (210)349-1897. 399/ Mark Smith, "ATF agent admits he may have shot colleague," Houston Chronicle, January 26, 1994, 19A. 400/ December, 1993, report from Larry Dodge of Lone Star FIJA. 401/ Associated Press wire story January 11, 1994, 14:08 EST. 402/ "Lawyer doesn't want to hear the term `cult' at trial," Houston Chronicle, December 30, 1993. 403/ Sam Howe Verhovek, "Texas Sect Trial Spurs Scrutiny of Government," New York Times, January 10, 1994, A10. 404/ "An Anonymous Jury is Seated in Trial of Branch Davidians," Washington Post, January 12, 1994. 405/ Richard Perez-Pena, "U.S. Braces for a New Test by Branch Davidians, in Court," New York Times, April 30, 1993. 406/ Jennifer Lenhart, "Report on flawed raid may aid Davidians' defense, lawyer says," Houston Chronicle, October 1, 1993. 407/ Sam Hone Verhovek, "Criticism of Raid Heartens Cult Members," New York Times, October 1, 1993. 408/ Hugh Aynesworth, January 7, 1994, A7. 409/ New York Times, September 12, 1993. 410/ Associated Press wire story, October 2, 1993, 12:18 EDT. 411/ BATF information submitted to June 9, 1993 House Appropriations subcommittee hearing, p. 188. 412/ Richard Perez-Pena, "U.S. Braces for a New Test by Branch Davidians, in Court," New York Times, April 30, 1993. 413/ Michael Hedges, "FBI fined for delays in trial of Weaver," October 29, 1993. 414/ James L. Pate, "Waco's Defective Warrants," Soldier of Fortune, August, 1993, page 74. 415/ Larry Pratt report, page 6. 416/ Houston Press, July 22, 1993. 417/ Richard Perez-Pena, April 30, 1993. 418/ Maury Povich television show, November 8, 1993. 419/ Howard Schneider, "Waco Cult Lawyers Prepare Themselves for Long Legal Siege," Washington Post, March 26, 1993. 420/ Sam Hone Verhovek, "Texas Sect Trial Spurs Scrutiny of Government," New York Times, January 10, 1994, A10. 421/ Andrew Blum, "Waco Tragedy Spawns Litigation," National Law Journal, May 17, 1993. 422/ Associated Press wire story, May 11, 1993, 10:25 EDT. 423/ "Philadelphia faces trial in MOVE fire suit," Washington Times, January 5, 1994, A9. 424/ Leonard Zeskind, "And Now, The Hate Show," New York Times, November 16, 1993. 425/ Associated Press story, "Ukraine cult waits in vain for end of world," Washington Times, November 15, 1993 and "Ukraine Seizes Chiefs of End-of-World Cult," New York Times, November 12, 1993. 426/ "A botched mission in Waco, Texas," U.S. News and World Report, March 15, 1993, page 26. 427/ Gustav Nieguhr, "Self-Fulfilling Prophecy: To Cults, Badges Can Signal the End of Time," Washington Post, April, 21, 1993. 428/ Larry Pratt report, pgs. 25-26. 429/ A copy of the letter can be obtained by contacting the American Civil Liberties Union in Washington, D.C. (202/544-1881) 430/ Walter Williams, "When Love of Liberty Lapses," Washington Times, October 22, 1993. 431/ Committee of 50 States, 4808 Quailbrook Circle, Salt Lake City, UT 84118. Or contact Tom Wood, an attorney who helped draft it, at 801-561-2200. 432/ Carlos Alberto Montaner, "Tribal conflicts and the U.N. role", Washington Times, August 25, 1992. 433/ June 9, 1993, House Appropriations Subcommittee hearing, pgs. 221-226.