Date: Wed, 17 Jul 1996 20:34:55 -0400 (EDT) From: Carol Moore <[c--oo--e] at [CapAccess.org]> Subject: RE: House Waco Report Due (fwd) Below is a rough transcription of a recent press conference announcing preliminary findings of the 10 days of House Waco hearings last July. The final report--which should be about two big books--will be available from the Govt. Printing office in August. As you can see, there is no mention of the biggest coverups--that BATF agents shot from helicopters and killed 4 Davidians, killed and unarmed Davidian at the front door, assassinated another approaching Mt. Carmel after the shootout, and that FBI and BATF agents conspired to sabotage negotiations so they would have an excuse to destroy a building that contained evidence of BATF crimes that would have sent some agents to prison... Carol Moore, member Committee for Waco Justice, author THE DAVIDIAN MASSACRE [c--oo--e] at [capaccess.org] or [c--oo--e] at [upx.net] ------------------------- JULY 11, 1996 NEWS CONFERENCE ON HOUSE SUBCOMMITTEE HEARINGS INTO BATF/FBI ACTIONS AGAINST THE BRANCH DAVIDIANS REP. MCCOLLUM: Good morning, I'm Congressman Bill McCollum, representing the Eighth District of Florida and chairman of the Crimes Subcommittee. I'm here together with good friend Bill Zeliff (chair of House Oversight Subcommittee). He and I co-chaired, as you know, the Waco hearings with our respective subcommittees. And we're here today to announce the findings and recommendations that we're proposing as a part of the final report on Waco to our respective committees. There have been tens of thousands, actually, of pages of documents that have been reviewed and data that's been assembled since the 10 days of hearings of nearly a year ago. And, during that time, we've come to a lot of very significant findings; findings of fact. Some of these are very serious findings with respect to criticisms, if you will, of both the secretary of the Treasury at that time Lloyd Bentsen, and Attorney General Janet Reno. And I hope that you will bear with us, and have the patience, as we walk through some of these findings for you. Others are in your materials, and we're not going to highlight every one of them. The process on our side now, on the Judiciary Committee side of this, will be for this report, as it is assembled, to be reviewed by the members of the subcommittee on crime. And once they've reviewed it, they can submit additional views or dissenting views, and the report will be published. Now, the other committee operates differently. And what's going to happen next is I'm going to turn this over to Bill Zeliff, and Bill is going to tell you about how it works on his committee. And he's also going to walk you through the criticisms, the findings of fact, the recommendations with respect to the Treasury Department and the Bureau of Alcohol, Tobacco, and Firearms; and a couple of other items. And then, he's going to turn it back over to me, and I'm going to walk you through the criticisms, the findings of fact, and the recommendations with respect to the Justice Department, the attorney general and the FBI. So, Bill, take it away. REP. ZELIFF: Bill, thank you. This process and this event actually took place three and a half years ago. And we spent a lot of time, over the past year-10 full days of hearings-and it's historic. And the lessons that will come from it will be historic, as well. And what we owe the American people is accountability; what happened, who did it, and what have we learned from this, so that this tragic event will not happen again. And that's what this is all about. There was a lot of rationalization of the deed that had taken place. And there were a lot of reasons that people gave for it, as to why certain things were done. And we believe that much of that rationalization just didn't add up; it didn't stack up. So, as we pondered through 200 pages of this report, thousands and thousands of pages of documents, 600 footnotes, we believe that we have a very, very solid report of findings. And in our committee what we'll be doing is next Thursday going to subcommittee vote on July 18th, with markup by full committee on July 25th, and by early August hopefully to have a final report in everybody's hands. But, we wanted to give you a heads-up, we wanted to include you all in this process, to let you know where we are. And these are our recommendations to our two subcommittees. I'm going to start out with the first department and this is the Department of Treasury. Treasury Secretary Lloyd Bentsen and Deputy Secretary Roger Altman failed in their duties by not even meeting with the director of ATF in the month or so that they were in office prior to February 28th and the raid on the Davidians' residence by not requesting any briefing on ATF operations during that, time and by not involving themselves with the activities of ATF we feel is irresponsible. Neither Bentsen nor Altman met with ATF Director Stephen Higgins during the entire month that they were in office, and that was a major problem. Bentsen testified before the subcommittee that he was in London at the time of the raid discussing monetary exchange rates and some very serious subjects at the time. This kind of disconnect is totally unacceptable. Treasury: senior Treasury officials routinely failed in their duty to monitor the actions of ATF officials and as a result were uninvolved in the planning of the February 28th raid. This failure eliminated a layer of scrutiny of the plan during which flaws in it might have been uncovered and corrected. The investigation of Koresh was classified as sensitive and significant. This classification is supposed to ensure a higher degree of oversight, not a lower one, but a higher degree of oversight from senior officials. At Waco, that completely got missed. Senior Treasury officials didn't even know of the impending raid until 48 hours before it was to occur. How could they, when they hadn't even met with senior ATF officials until late into their terms? After the raid failed, Assistant Treasury Secretary Ronald Noble attempted to lay the blame entirely on ATF, despite the fact that Treasury Department officials, including Noble, failed to properly supervise ATF activities during the raid. Mr. Noble testified that he told ATF commanders that the raid was not to take place if the element of surprise was lost. Others testified that he never mentioned the element of surprise. On raid day, the message not to go ahead with the raid if the Davidians knew that the ATF was coming didn't get through to the commanders at Waco. This kind of confusion wouldn't have taken place if Treasury had provided proper oversight of ATF operations. Our recommendations for Treasury are as follows: Congress should consider moving jurisdiction over the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice. This law enforcement function is not currently a good fit in a department that focuses on the economy. The lack of Treasury Department oversight in this case may indicate department-wide lack of involvement in law enforcement activities. A better fit may be to move ATF to the executive branch department charged currently with law enforcement. Now, on conclusions and findings as to the Bureau of Alcohol, Tobacco and Firearms. The ATF's investigation of the Branch Davidians lacked the minimum professionalism expected of a major federal law enforcement agency. The undercover house was not properly run and the secrecy of the operation was compromised. The photographs from the undercover house were not developed or reviewed. The undercover operation was not maintained for a sufficient period of time to be effective. Although probable cause likely existed to suspect Koresh of crimes, the ATF agents responsible for preparing the affidavits knew or should have know that many of the statements they were making were false. Probable cause existed due to hand grenade shipments, reports of explosion on the property, and reports of automatic weapons fire on the property. And remember, totality of the circumstances is the test. The standard is, was there reason to believe that a crime had occurred? Problems with the affidavit: the information was stale and irrevelent. And it was downright wrong and misleading. In making the decision not to arrest Koresh outside the compound, ATF agents exercised poor judgment, made erroneous assumptions, and ignored the foreseeable perils of their course of action. The ATF refused an offer from Koresh to inspect his home. He invited them in. Many doing surveillance of the residence did not even know what Koresh looked like. Testimony during the hearing established a pattern of Koresh leaving the residence. ATF could have avoided this tragedy by taking simple steps of catching Koresh outside his home. ATF agents misrepresented to Defense Department officials that the Branch Davidians were involved in illegal drug manufacturing. Because of its deceptions the ATF was able to obtain training without having to reimburse the Defense Department as otherwise would have been required had no drug nexus been aligned. When ATF first requested military assistance, no drug use at the residence was alleged. The ATF mentioned drug production by the Branch Davidians only after learning that military assistance could be provided without the need for reimbursement. This is the money that's used in our nation's drug war and we feel was very improper. The information to create the drug nexus relied on stale information from a disgruntled former Davidian. And this really gets me. And again, as I mentioned earlier, the sad thing is as we are working today and tomorrow trying to get money for our nation's drug war, this money was used improperly. The decision to provide a military-style raid was made more than two months before surveillance, undercover, and infiltration efforts had begun. The ATF's initial raid plan was significantly flawed. The plan was poorly conceived, utilized a high risk tactical approach when other tactics could have been successfully used, was drafted and commanded by ATF agents who were less qualified than other available agencies, agents at the time, and used agents who were not sufficiently trained for the operation. The ATF sought sophisticated military combat training before going on with the raid. Video shot before the raid show agents preparing for a dynamic entry. The fact that agents refused the opportunity to inspect the residence at Koresh's invitation or arrest him outside the residence point to the ATF predisposition to a dynamic entry. The senior ATF commanders, Phillip Chojnacki and Chuck Sarabyn, either knew or should have known that Davidians had become aware of the impending raid and were likely to resist with deadly force. ATF undercover agent Robert Rodriguez, who was with Koresh on the morning of February 28th, called Sarabyn from the undercover house and told him that Koresh knew that law enforcement was on its way to the residence. Sarabyn and Chojnacki told Rodriguez -- let's see, Sarabyn told Chojnacki that Rodriguez had said, and also that Sarabyn had questioned Rodriguez, and that no change in routine had occurred and no one was arming themselves. Former ATF director Stephen Higgins and former ATF director Daniel Hartnett bear a major portion of this responsibility for the failure of the raid as well, because they neglected to become involved in the planning of the raid and failed to instill in the senior raid commanders an understanding of the need to ensure that secrecy was maintained in an operation of this type. Higgins and Hartnett participated in only one meeting each with respect to the planned raid, and that was the largest raid in the history of ATF. They never required the plan to be reduced to writing, as required by standard operating procedures at ATF, and they did not specifically inform the agents to abort the raid if secrecy was lost. There was no justification of the rehiring of the two senior ATF raid commanders after they were fired. The fact that senior Clinton administration officials approved their rehiring indicates a lack of sound judgment on their part. Even the Treasury Department report states that raid commanders Chojnacki and Sarabyn appeared to have engaged in a concerted effort to conceal their errors in judgment after the fact. The department, you must remember, settled a case the two had before the Merit Systems Protection Board. The Department of Treasury hired them back. The decision to fire these two individuals was more than justified. We believe very strongly that they should not have been rehired. Line ATF agents-and we really want to stress this-that were involved in the February 28th raid acted heroically and with a high degree of professionalism. Recommendations for ATF: If the false statement in the affidavits filed in support of the search-and-arrest warrants were made with the knowledge of their falsity, criminal charges should be brought against the people making those statements. The affidavit in support of the warrants contained numerous errors. If their sworn statement was made with knowledge of the falsity of these statements, criminal charges should be brought against the person or persons involved who swore out the affidavits. The ATF, a second recommendation: ATF should be constrained from independently investigating drug-related crimes. ATF based part of their investigation of the Branch Davidians on unfounded allegations that the Davidians were manufacturing illegal drugs. Evidence presented to the subcommittees points to the fact that ATF deliberately misled the military regarding the existence of a drug lab in the Davidian residence just to get free military assistance. Third recommendation: The ATF should revise its national response plan to ensure that its best-qualified agents are placed in command and control positions at all times. Fourth, senior officials at ATF headquarters should assert greater command and control over significant operations. An operation of this size with over 70 agents involved, should always have the direct oversight, input, and approval of senior ATF agents. This was the biggest raid in ATF's history. In this particular case, none of that happened. And at this point, I'll turn it back over to Bill McCollum to talk about Justice and the FBI. REP. MCCOLLUM: Thank you, Bill. I've got to say at the onset of this that I was very reluctant to from the very beginning to find fault with Attorney General Reno. I've known her for a long time. I've respected her a great deal. And you're going to see and hear that the findings that I'm about to read to you are very serious fault-finding indeed. But the evidence, having reviewed all of this, is simply compelling of the fault that we have found and the recommendations we're making. As to the Department of Justice, number one, the decision by Attorney General Janet Reno to approve the FBI's plan to end the standoff on April 19 was premature, wrong, and highly irresponsible. In authorizing the assault to proceed, Attorney General Reno was seriously negligent. The attorney general knew or should have known that the plan to end the standoff would endanger the lives of the Davidians inside the residence, including the children. The attorney general knew or should have known that there was little risk to the FBI agents, society as a whole or to the Davidians from continuing the standoff, and that the possibility of a peaceful resolution continued to exist. Number two, the attorney general knew or should have known that the reasons cited for ending the standoff on April 19th lacked merit. Every one of them lacked merit. The negotiations had not reached an impasse. There was no threat of a Davidian breakout. The FBI Hostage Rescue Team did not need to stand down for rest and retraining for at least two weeks after the April 19th date. And if and when it did, the FBI and local law enforcement SWAT teams could have been brought in to maintain the perimeter. Sanitary and other living conditions inside the Davidian residence had not deteriorated during the standoff and there was no evidence that they were likely to deteriorate in the near future. And while physical and sexual abuse of minors had occurred, there was no basis to conclude that minors were being subjected to any greater risk of physical or sexual abuse during the standoff than prior to February 28th. The final assault put the children at the greatest risk. Number three, and I think this may be the most important one in the sense of where I just cannot accept the judgment and why the attorney general came to the conclusion to go forward. Number three, the CS riot control agent insertion and assault plan was fatally flawed. The attorney general believed that it was highly likely that the Davidians would open fire, and she knew or should have known that the rapid insertion contingency would be activated, that the Davidians would not react in the manner suggested by the FBI, and that there was the possibility that a violent and perhaps suicidal reaction would occur within the residence. The attorney general should have rejected the plan and demanded the preparation of an alternative. And number four, following the FBI's April 19 assault on the Branch Davidian compound, Attorney General Reno offered her resignation. In light of her ultimate responsibility for the disastrous assault and its resulting deaths, the president should have accepted it. As to the Federal Bureau of Investigation, I'm only going to highlight a couple of these so we can go to your question and answers,but there are, as you know, several very serious findings of fact. Number one that I'm going to highlight to you is the first one. The CS riot control agent assault of April 19th should not have taken place. The possibility of a negotiated end to the standoff presented by Koresh should have been pursued even if it had taken several more weeks. CS riot control agent is capable of causing immediate, acute and severe physical distress to exposed individuals, especially young children, pregnant women, the elderly, and those with respiratory conditions. In view of the risk posed by insertion of CS into enclosed spaces, particularly the bunker, the FBI failed to demonstrate sufficient concern for the presence of young children, pregnant women, the elderly and those with respiratory conditions. While it cannot be concluded with certainty, it is unlikely that the CS riot control agent in the quantities used by the FBI reached lethal toxic levels. However, the presented evidence does indicate that CS insertion into the enclosed bunker, at a time when women and children were assembled inside an enclosed space, could have been a proximate cause of or directly resulted in some or all of the deaths attributed to asphyxiation in the autopsy reports. Another finding I want to make sure that you are aware of is that there is no evidence that the FBI discharged a firearm on April 19th. And further, there is no evidence that the FBI intentionally or inadvertently set fires on April 19th. (Which means they found Davidians set the fires--if they admit fact that FBI tanks did so, it would cost the government $3 billion in civil suit damages. C.Moore) As to the recommendations that go along with this, there are numerous ones. I am not going to highlight many of these at all for you, because it would take quite awhile and we do want to get to your questions and answers. I do want to point out that with regard to the CS gas, though, we do recommend that the government should further study and analyze the effects of CS gas, or the riot control agent as we call it, on children, persons with respiratory problems, pregnant women and the elderly. We note that only limited scientific literature exists concerning the effects of CS gas, and we are very, very concerned about its use in other law enforcement activities. There are, as I said, a number of other recommendations here, including one regarding expanding the Hostage Rescue Team. But I think that for us to continue to outline these for you, when you've got them to read, would probably not be appropriate. We, as I said before, are going to submit these proposals to our respective committees. Our committee on Judiciary will issue a report. Our rules are different from the rules of the other committee. It will be printed after the folks who are on our subcommittee on Crime on both sides of the aisle have an opportunity to either give additional views to be printed with that report, or to dissent from this report. On the other hand, Mr. Zeliff's committee, the full committee, will wind up actually voting on this and participating in quite a discussion of it in the next few weeks. I think with that in mind, Bill, we're ready for questions. Q As to the timing of the action of the imminent seige, do you discount Ms. Reno's fear that sexual abuse had continued because Koresh considered himself the husband of the young children? REP. MCCOLLUM: That is correct in the sense that we found, and I think the evidence is very clear, that there was no greater harm or risk or likelihood of sexual abuse at the time that she considered this than there was prior to February 28th. There was no evidence of any particular or continued sexual abuse activity during that time and none that was actually brought to her attention. Somebody else had one. Yes, sir? Q You recommend that she resign? REP. MCCOLLUM: We have not recommended anything relative to where it stands now. She did resign before. That is the president's decision. We did make the recommendations or the finding of fact that he should have accepted the resignation when she offered it back then. Q Mr. McCollum, as you know, the FBI has made a number of changes in the way it responds to this sort of problem now. Other than taking another look at CS gas, do you think the FBI has basically done everything it should have done in terms of changes? REP. MCCOLLUM: I think that what they did with respect to the Freemen and what Louis Freeh has done over at the FBI in the last few months has been very admirable. We've not reviewed in our subcommittee the actual Freemen aftermath, but from everything I knew about it, they learned a lesson from Waco in a big way. They exercised the patience they did not exercise at Waco, they brought in outside experts, they took the time, they recognized, and I think this is very significant, there was no threat of immediate harm to society as a whole or anyone outside that compound in the Freemen situation, as was the case in Waco, by waiting, and they had great risk, if they'd gone in, to children. REP. ZELIFF: I'd like to just add my two cents. I certainly concur. As a matter of fact, I wrote Director Freeh and congratulated him on the degree of professionalism and the things that were learned. And I think he's provided some tremendous leadership. Q So most of your recommendations for doing things differently apply to ATF? REP. ZELIFF: There are a lot of recommendations that we made here, some of which have been accepted, some of which have not. And you know, I think that you'll find in the military, for example, they've already moved forward. We need to move forward in terms of making National Guard subject to Posse Comitatus. But the military has already tightened down the operations in terms of getting involved in things like the drug nexus and who approves that. And so I think it's very healthy. The American people asked us to come to grips with what happened, who was responsible, and give recommendations to see it doesn't happen again. These agencies appropriately have already moved forward. They're not waiting for this report. REP. MCCOLLUM: Well there's also one or two other things in the FBI particularly. I'm not at all sure that they are now having the institutional desire to cooperate and act as much in concert as we would like with the local law enforcement folks. But the Freemen incident indicates that there has been some movement in that direction. And our recommendation, I think, is comporting with that. Also, the hostage rescue team we think needs to be significantly expanded in its scope in the ability for it in and of itself to be able to be more mobile and more available and for longer periods of time. And I don't think that we should minimize our recommendation on the CS riot control agent. It's what the FBI used. We haven't heard them say anything about whether they would ever use that or not use it again. We'd like to see a study. We don't think under the conditions that were presented in Waco it should ever be used again. Yes, sir. Q Could you talk about possible charges against the ATF supervisors who may have falsified the drug information. REP. ZELIFF: If in fact, they knew it was false at the time they did it. Q Is this something you plan to pursue as far as an investigation? REP. ZELIFF: The report -- I think the -- the folks that are -- that are in process -- I think the -- the law enforcement people that have responsibility for that, we're asking them to take a look at that. (Spit it out: they're going to "correct" any "errors." C.Moore) REP. MCCOLLUM: The U.S. attorney's office and the attorney general's office really should look at this from a prosecutorial standpoint. But the issue there is did they knowingly do this? Did they intentionally or knowingly falsify the statement? We cannot conclude yes or no on that question. What we can conclude is there were an incredible number-really an incredible number-of false statements in the affidavit that the ATF used to support their search warrant. But we still believe that they had probable cause to actually conduct the search. But the warrant itself, the affidavit itself was just terrible. Q Will you make a criminal referral? REP. MCCOLLUM: We're not making any referrals, no. REP. ZELIFF: It's not up to us to do that. REP. MCCOLLUM: No. That's not our role. We are making a finding of fact, and we're recommending that the Justice Department and, of course, the appropriate U.S. attorney examine that issue. Yes, ma'am. Q Regarding your recommendation to transfer oversight for ATF to the Department of Justice, would you have the Department of Justice inspecting liquor and collecting taxes? REP. MCCOLLUM: Probably not, we are not actually recommending the transfer. What Bill Zeliff said-and I think this is important because it comes under the authorization of my subcommittee in part over in Crime and Judiciary-is that we consider doing that. And what we're doing now and have been doing in the Crime subcommittee is looking at the big picture of reorganizing federal law enforcement. We've already had two hearings on this subject. It obviously won't be done in this Congress with only a few weeks left. But we will have more, and we will very seriously consider that issue in the context of the bigger picture. And the findings that are here certainly support that as a possibility. But there is no actual recommendation that it, indeed, occur. REP. ZELIFF: It just asks the Congress to take a look at it. Q Yeah. I was curious to as to whether the subcommittee investigators got full access to the information of the federal agencies. I know last summer there was concern that the agencies were withholding information or sending it in late. I wonder if you're satisfied now that the agencies have fully opened their doors to you. REP. ZELIFF: Not totally, but one of the things that we didn't cover here-and it was a little bit more minor-but we feel that there ought to be full audit, in terms of the monies that were charged to the drug war. We couldn't get any information from the Department of Defense on that. And there were other areas as well. So we're asking to move forward in some of those directions as well. I mean, we didn't get all the information we were looking for. REP. MCCOLLUM: Yes, sir? Q Why did the report take about a year to be published? REP. MCCOLLUM: Well, it took quite a while because we collected a lot of documents afterwards. We chose to do this hearing differently from Iran-Contra. Some of you may remember that I served on that committee, in which there was an exhaustive pre-hearing investigation that went on. Instead, because of the nature of Waco and because it had been festering for quite some time in the previous Congress dominated by the other party, we decided we needed to bring forward the hearing as soon as possible. And so we had not done all of the homework we felt we needed to do. And we did it. We've gotten thousands of more documents. And that's why the criticisms and the findings of fact that are in here are very detailed in documentation. And I'd hope when you get a chance to look at the full report, you look at that and look at all the footnotes. And look particularly at what we've said with respect to these new things that I think are very important about the fact that not a single one of the five reasons given by the attorney general for proceeding with the assault were justified or had any merit at all. REP. ZELIFF: I think it's very important to also recognize that Bill and I have, on behalf of both subcommittees, have now come to full agreement to the recommendations we're making, and that's no small task. I mean, we've had to go through the process and upside down and sideways to come to that agreement. And we've looked at the films many, many times more than I'd like to admit, I guess. But in taking his concerns and my concerns and in just doing the work that we're charged to do, and making sure it's accurate. And we feel very good about the report, and we hope you will too as you get through it. REP. MCCOLLUM: And we feel very good about the fact when we say these findings of fact, and we've listed them that way, they're there for a reason. The recommendations are in a separate section for a reason. And that's because we have -- we really feel that every single finding of fact is highly documented and it is a finding of fact. Yes, ma'am? Q Have you determined that it was Ms. Reno's decision ultimately and not the president's? REP. ZELIFF: Well, let me take that one, because what our role in our responsibility as the committee of looking for these facts is, is to tell the American people who was accountable, who made the decisions, then to come back and to come to grips with the recommendations to see that this kind of thing didn't happen again. So in that role, we had to consider who made the decision. We finally concluded at the end that it was Janet Reno, and the recommendation at the time that she made, she offered to resign, and we feel that the president should have accepted it, based on the fact that we came to the conclusion that she made the ultimate decision. REP. MCCOLLUM: Any other questions? Well, we want to thank you for coming, and that'll be the end of the press conference. Thank you. REP. ZELIFF: Thank you.