Waco: 20th Anniversary of the ATF Attack on the Branch DavidiansToday is the 20th anniversary of the ATF’s attack on the Branch Davidians outside Waco, Texas. I thought Waco might be the most important public education lesson of the 1990s, but I don’t see the learning curve yet. Most Americans forgot or never undertstood Waco, paving the way for politicians to commit other grave abuses in the following years. Following are a few pieces I did on Waco back in ‘95, when some members of Congress briefly acted like they gave a damn about the carnage. [[ on Twitter @jimbovard ]] ****** The New Republic MAY 15, 1995 HEADLINE: NOT SO WACKO BYLINE: James Bovard James Bovard is the author of Lost Rights: The Destruction of American Liberty (1994). On last Sunday’s “60 Minutes,” when Lesley Stahl gingerly asked President Clinton if he had “any second thoughts” about the raid at Waco, he didn’t hesitate. “Before that raid was carried out,” Clinton fumed, “those people murdered a bunch of innocent law enforcement officials … and when that raid occurred it was the people who ran that cult compound who murdered their own children, not the federal officials. They made the decision to destroy all the children that were there.” You don’t have to sympathize with those seeking vengeance for the raid, though, to recognize that some second thoughts are in order. Start with last year’s trial in which a jury found five of eleven surviving Branch Davidians guilty of manslaughter (not, as Clinton said, murder) in the deaths of four agents from the Bureau of Alcohol, Tobacco and Firearms (ATF). The bureau claimed it had a video proving that the Davidians fired first during the ATF’s February 28, 1993, raid. Yet it never produced the video at the trial, and Rolland Ballestros, one of the first ATF agents out of the cattle trucks, told Texas Rangers and Waco police shortly after the raid that he thought the first shots came from agents aiming at the Davidians’ dogs. Besides, as Robert Cancro, chairman of the psychiatry department at the New York University Medical Center, commented in the Justice Department’s report on the Waco operation: “Certainly an armed assault by 100 agents had to be seen as an attack independent of who fired the first shot…. The law does not usually allow the potential attacker to fire first before a response can be called self-defense.” Nor is it clear that the government should be absolved of blame for the fires in which eighty-one Branch Davidians died. The fires could, as the Justice Department claims, have been started by the Branch Davidians themselves, but many doubts remain. Federal officials have insisted that the CS gas (a potent form of tear gas) they lobbed into the Davidian compound was nonflammable. But according to U.S. Army manuals, there is a significant risk of inflammability from CS gas particulates. One U.S. Army Field Manual offers the following warning: ” When using the dry agent CS1, do not discharge indoors. Accumulating dust may explode when exposed to spark or open flame.” FBI officials testified after the April 19 fire that agents had thrown flash bang grenades–which can easily set off fires–into the compound during the gassing operation. Federal officials also misrepresented the potential effects of the CS gas on the Davidians. A 1975 U.S. Army publication on the effects of CS gas notes, “Generally, persons reacting to CS are incapable of executing organized and concerted actions and excessive exposure to CS may make them incapable of vacating the area.” According to Attorney General Janet Reno, the FBI hoped that pumping the gas into the compound would force people to flee outdoors. In fact, the gas itself may have prevented people from escaping. Harvard University professor of law and psychiatry Alan Stone was one of the experts brought in by the Justice Department in 1993 to evaluate the agency’s action at Waco. In a recent interview, Stone observed, “Some of the government’s actions may have killed people before the fire started. I cannot tell whether the tanks knocked down places where people were already. I don’t know if there were people in there crushed by the collapsing building as a result of FBI tanks plowing into the structure before the fire started.” Neither the ATF nor the FBI has made any apologies for their actions at Waco. Indeed, the ATF recently rehired two agents (with back pay) who were fired for lying about whether they knew that Koresh was expecting the initial ATF raid; the agents ordered the raid to proceed even after they were informed that Koresh was expecting an attack. James Jorgensen of the National Association of Treasury Agents denounced the rehiring last February: “This most recent callous action by the government is disgraceful. It defiles the memory of the brave ATF agents who gave their lives doing their duty.” All of this adds up to reason for skepticism about the federal
government’s version of what happened at Waco. It’s not only right-wing
lunatics who have such doubts. A Treasury Department report written by
outside experts and issued in September 1993 found “disturbing evidence
of flawed decision making, inadequate intelligence gathering,
miscommunication, supervisory failures, and deliberately misleading
post-raid statements about the raid and the raid plan by certain ATF
supervisors.” After the Justice Department issued its own considerably
more favorable report on the FBI’s performance at Waco (it repeatedly
praised the agency for “remarkable restraint” during its gassing
operation), The New York Times published an editorial called, “the waco
whitewash.” Even Justice Department investigators could find no evidence
for the Yet the Clinton administration and some members of Congress, such as Democrat Charles Schumer of New York, have been adamantly opposed to any oversight hearings on the Waco raid. Last Saturday Schumer denounced one such hearing scheduled for next month: “We know what that was all about. That was an attack on the ATF. This planned hearing was simply some red meat to some of those extreme right forces.” During the 1960s, conservative members of Congress reacted similarly to proposed oversight hearings on FBI abuses. Unfortunately, some liberals are now picking up the mantle. ******************** The Senate voted 74 to 23 last Thursday to indefinitely postpone Attorney General Janet Reno declared on May 5: “There is much to be Here are some of the issues that members of Congress must examine on – Regarding the Feb. 28, 1993, attack on the compound by 100 Bureau – Regarding the April 19, 1993, final FBI assault on the Davidians: – Did any of the government tank incursions at Waco kill innocent – What effect did the CS gas pumped into the compound for six hours – What did the FBI hope to accomplish by gassing the Davidians? FBI – What role might the government have had in starting or spreading – Congress should force the Justice Department and FBI to make Ms. Reno told federal law enforcement officers on May 5 that the As the New York Times reported: “Defense lawyer Mike DeGeurin – Why does Janet Reno keep changing her rationale for the – How did Janet Reno lose 16 machine guns? The major justification – Why are President Clinton and Ms. Reno misrepresenting the jury Mr. Clinton declared on April 23, “This is a freedom-loving democracy — Mr. Bovard is the author of “Lost Rights: The Destruction of
American ***** Finally - an article that came out the day after the congressional hearings ended. I was astounded that Janet Reno’s “rent-a-tank” comment did not prove inflammatory. But the Washington media covered for Big Janet - as it always did. ****************************** The Wall Street Journal Wednesday, August 2, 1995 The Waco hearings, which ended yesterday with testimony by Attorney General Janet Reno, were marked by administration obfuscation, Democratic pettifogging and far too much feeble, half-hearted questioning from Republicans. But enough new information has come out to make mincemeat of the Clinton administration’s Waco story. Within 36 hours after the Feb. 28, 1993, initial assault on the Branch Davidian compound, the federal government abandoned routine law enforcement to avoid gathering evidence that might embarrass the government. A Sept. 17, 1993, Treasury Department confidential memo to Assistant Treasury Secretary Ronald Noble stated that on March 1, the Bureau of Alcohol, Tobacco and Firearms initiated a shooting review and “immediately determined that these stories [of agents involved] did not add up.” Justice Department attorney Bill Johnston “at this point advised [ATF supervisor Dan] Hartnett to stop the ATF shooting review because ATF was creating” exculpatory material that might undermine the government prosecution of the Davidians. The coverup continued on April 14, 1993. That day, the Treasury Department assistant general counsel, Robert McNamara, sent a memo to several top-ranking Treasury officials stating that the Justice Department “does not want Treasury to conduct any interviews or have discussions with any of the participants who may be potential witnesses” because of fear of creating exculpatory material. The memo noted, “While we may be able to wait for some of [the witnesses] to have testified in the criminal trial, the passage of time will dim memories.” The Justice Department also warned the Treasury Department not to contact outside experts to analyze the original raid: “DOJ does not want us to generate gratuitous ‘expert witness’ materials; the prosecutors are concerned that these people won’t have all the facts upon which to base a thoughtful opinion and could play into defense hands.” Regarding the FBI’s April 19, 1993, gassing of the Davidians, the Justice Department official report on Waco stressed that the FBI intended to gas the compound incrementally over a 48-hour period. A few minutes after the FBI gas attack began, the Davidians fired upon the tank that was injecting gas into the compound. The FBI, following its official plan, greatly accelerated its gassing — effectively injecting all the gas it planned to use over two days over a three-hour period. While the official report portrayed the speed-up of the assault as a regrettable reaction to the Davidians’ gun shots, FBI commander Jeffrey Jamar told the House committee that he believed before the final assault that the chances of the Davidians firing on the tanks was 99% — thus making the speedup of the gassing and subsequent demolition a virtual certainty. Congressional Democrats, who spent the first days of the hearings denouncing David Koresh for child abuse, strove mightily to claim that the CS gas the FBI used on the 21 children and 60-plus adults at Waco was as innocuous as a Flintstone vitamin. But Bill Marcus, a senior science advisor at the Environmental Protection Agency, pointed out that the CS would effect children between eight and 20 times as harshly as it affected adults. Mr. Marcus observed: “The FBI failed to read and follow the label directions” on the CS gas and the methylene chloride that agents mixed it with. Regarding the methylene chloride that the FBI inserted into the compound, former ATF fire expert Rick Sherrow testified, “The Dow Chemical Corporation Materials Safety Data Sheet specifically states that this chemical forms flammable vapor air mixtures [and] ‘[i]n confined or poorly ventilated areas, vapors can readily accumulate and cause unconsciousness and death.”‘ Rep. John Mica (R., Fla.) observed that even if the children didn’t die directly from the CS gas, “we sure as hell tortured them for six hours before they died.” The briefing book the FBI gave Attorney General Reno on April 12, 1993, contained false information on the effects of the CS gas. The document stated, “Experience with the effects of CS on children including infants has been extensively investigated. Available reports indicate that, even in high concentrations or enclosed areas, long term complications from CS exposures is extremely rare.” However, Defense Department toxicologist Harry Shaw testified that only two studies were available on the effects on children. One study showed that an infant exposed to CS for a few hours had to be hospitalized for 28 days; the FBI intended to gas the children in the Waco compound for 48 hours. Rep. John Shadegg (R., Ariz.) made a painfully short presentation on July 28 showing the massive portions of the Davidian compound destroyed by FBI tanks before the fire began. Under vigorous questioning, the FBI’s Floyd Clarke admitted, “The destruction of the building was part of the ultimate plan which was included” in the briefing book given to Attorney General Reno on April 12. Yet, though FBI officials admitted that they were far along in the process of destroying the building before the fire started, the official FBI statement to the hearing still bragged, “The FBI agents demonstrated remarkable restraint and did not fire a single shot during the entire standoff.” And, while Mr. Clarke stated that the assault was intended to destroy the compound, former FBI commander Jamar insisted: “The intent was to hopefully get their attention to where they would engage in serious negotiations.” Destroying their home was an excellent means of getting the Davidians’ attention but was not the kind of good-faith gesture that could have advanced negotiations. The highlight of Attorney General Reno’s testimony yesterday was her assertion that the 54-ton tank that smashed through the Davidian compound should not be considered a military vehicle — instead it was just “like a good rent-a-car.” Such an observation does not inspire confidence in the Justice Department’s moderation in its future operation. The evidence of a coverup and gross federal misconduct is far
stronger in the Waco hearings than in the Whitewater investigation. The
Republican leadership in Congress should seize upon the recent
revelations to demand a special counsel to be appointed to investigate
possible federal crimes and coverups regarding Waco. Postscript: Alas, I admit I was cold sober when I wrote that appeal for the GOP leadership to demand a special counsel for Waco….. Copyright © James Bovard 2013. All Rights Reserved. |