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<\/a>The Wall Street Journal\u00a0\u00a0 <\/strong>May 15, 1995
\nWaco Must Get a Hearing
\nBy James Bovard<\/h2>\nThe Senate voted 74 to 23 last Thursday to indefinitely postpone
\nhearings on federal government actions in Waco, Texas, in 1993 and in
\nthe Ruby Ridge, Idaho (Randy Weaver) case in 1992. Sen. Arlen Specter
\nhad urged the Senate to set a specific deadline for the hearings. But
\nSen. Orrin Hatch, the Judiciary Committee chairman, declared that any
\nhearings on Waco should be postponed until after the Oklahoma City
\nbombers have been caught, tried and punished \u2014 which could take several
\nyears. This is a grave error.<\/p>\n
Attorney General Janet Reno declared on May 5: \u201cThere is much to be
\nangry about when we talk about Waco \u2014 and the government\u2019s conduct is
\nnot the reason. David Koresh is the reason.\u201d But public opinion polls
\nshow that approval of the government\u2019s action at Waco is plummeting \u2013
\ndown from 80% just after the final assault in April 1993 to barely 40%
\nnow. There can be no justification for the terrorist attack last month
\nin Oklahoma City; but likewise there is no justification for delaying
\nasking serious questions about government misconduct. House Speaker Newt
\nGingrich announced Thursday that the House would be having thorough
\nhearings on both cases by August, but no specific dates have been set.
\nThe longer hearings are postponed, the greater the danger that the FBI
\nwill repeat the same tragic mistakes that preceded scores of deaths at
\nWaco.<\/p>\n
Here are some of the issues that members of Congress must examine on
\nWaco:<\/p>\n
\u2013 Regarding the Feb. 28, 1993, attack on the compound by 100 Bureau
\nof Alcohol, Tobacco and Firearms agents: Who shot first? Rolland
\nBallesteros, one of the first ATF agents out of the cattle trailer that
\nmorning, told Texas Rangers investigating the case that the first shots
\ncame from agents shooting the dogs. (He recanted at the Davidian trial
\nlast year, insisting instead that the Davidians shot first.) The ATF
\nclaimed to have a video proving that the Davidians shot first, but
\nrefused to make it public. Congress should require all ATF videotapes of
\nthe initial battle to be made public.<\/p>\n
\u2013 Regarding the April 19, 1993, final FBI assault on the Davidians:
\nWhen and why did the FBI decide to demolish the compound with its tanks?
\nEven before the fire started, roughly 20% of the compound had collapsed
\nas a result of tank incursions. Amazingly, despite graphic videotapes of
\n54-ton FBI tanks smashing through the compound\u2019s walls, Ms. Reno
\ndeclared this past April 30: \u201cWe didn\u2019t attack. We tried to exercise
\nevery restraint possible to avoid violence.\u201d<\/p>\n
\u2013 Did any of the government tank incursions at Waco kill innocent
\nwomen or children? Attorney General Reno declared on May 5, \u201cIt is
\nunfair, it is unreasonable, it is a lie, to spread the poison that the
\ngovernment was responsible at Waco for the murder of innocents.\u201d
\nHowever, Harvard Prof. Alan Stone, one of the outside experts the
\nJustice Department brought in, concluded: \u201cSome of the government\u2019s
\nactions may have killed people before the fire started. I cannot tell
\nwhether the tanks knocked down places where people were already. I don\u2019t
\nknow if there were people in there crushed by the collapsing building
\n[as a result of FBI tanks plowing into the structure] before the fire
\nstarted.\u201d<\/p>\n
\u2013 What effect did the CS gas pumped into the compound for six hours
\nhave on the women and children? While Reno recently characterized the
\ngas as a mere \u201cirritant,\u201d Technology Review noted in October 1988 that
\nCS gas is far more potent than another widely used tear gas. CS gas can
\nkill: United Nation officials estimated that the use of CS gas resulted
\nin 44 fatalities in the Gaza Strip in 1988, as well as more than 1,200
\ninjuries and numerous miscarriages.<\/p>\n
\u2013 What did the FBI hope to accomplish by gassing the Davidians? FBI
\nDeputy Director Floyd Clarke told Congress nine days after the fire that
\nthe FBI\u2019s plan was to \u201cimmediately and totally immerse the place in gas,
\nand throw in flash-bangs which would disorient them and cause people to
\n. . . think, if not rationally, at least instinctively, and perhaps give
\nthem a way to come out.\u201d Flash-bang grenades temporarily blind people
\nand, according to a U.S. Army Field Manual, \u201cGenerally, persons reacting
\nto CS are incapable of executing organized and concerted actions and
\nexcessive exposure to CS may make them incapable of vacating the area.\u201d<\/p>\n
\u2013 What role might the government have had in starting or spreading
\nthe fires in the compound? Federal officials after the fire insisted
\nthat the CS gas was nonflammable. But, according to U.S. Army manuals,
\nthere is a significant risk of flammability from the CS gas
\nparticulates. U.S. Army Field Manual FM-21-27 states: \u201cWarning: when
\nusing the dry agent CS-1, do not discharge indoors. Accumulating dust
\nmay explode when exposed to spark or open flame.\u201d Retired Army Col. Rex
\nApplegate, one of the nation\u2019s foremost experts on riot control agents,
\ndeclared in a recent interview, \u201cAny flash bang will start fires.\u201d<\/p>\n
\u2013 Congress should force the Justice Department and FBI to make
\npublic all audio tapes from inside the compound at Waco and all
\ncommunications tapes between the tank operators and their commanders.<\/p>\n
Ms. Reno told federal law enforcement officers on May 5 that the
\nDavidians\u2019 \u201cwords were recorded while they were spreading the fuels to
\nignite the fire.\u201d However, controversy exists over the audio tapes from
\ninside the compound. At the trial last year, prosecutors presented a
\ntranscript of tapes made from electronic listening devices inside the
\ncompound, claiming that the tapes showed a Davidian suicide scheme.
\nHowever, after challenges from defense attorneys, the government\u2019s audio
\nexpert conceded that he altered the transcripts after meeting with
\nJustice Department officials.<\/p>\n
As the New York Times reported: \u201cDefense lawyer Mike DeGeurin
\ndemonstrated that more than 100 hours of FBI tapes from the compound had
\nbeen reduced to an hour of excerpts by the prosecution\u2019s audio expert.
\n\u2018We didn\u2019t hear things today from the earlier transcripts, such as
\npeople praying as tanks were bashing in their homes, or children calling
\nfor their parents.\u201d\u2018<\/p>\n
\u2013 Why does Janet Reno keep changing her rationale for the
\ngovernment\u2019s final assault at Waco? Immediately after the fire, she
\njustified the assault as needed to stop David Koresh from beating
\nbabies. (The FBI later admitted that it had no information to indicate
\nthat such accusations against Koresh were valid.) But on May 5 of this
\nyear Ms. Reno announced that the \u201cfirst and foremost\u201d reason for the
\ntank\/gas assault was that \u201claw-enforcement agents on the ground
\nconcluded that the perimeter had become unstable and posed a risk both
\nto them and to the surrounding homes and farms. Individuals sympathetic
\nto Koresh were threatening to take matters into their own hands to end
\nthe stalemate [and] were at various times reportedly on the way.\u201d<\/p>\n
\u2013 How did Janet Reno lose 16 machine guns? The major justification
\nfor the initial ATF raid was the allegation that the Davidians illegally
\npossessed machine guns. At the trial last year, the Justice Department
\nclaimed that 48 machine guns were found at the Davidian compound after
\nthe fire. Defense experts were prohibited from examining the weapons to
\nsee if they had been tampered with by the government, as happened in at
\nleast one other high-profile federal court case in recent years. On May
\n5, Ms. Reno said that the Davidians had only 32 machine guns. At this
\nrate, all the alleged machine guns will vanish by 1997.<\/p>\n
\u2013 Why are President Clinton and Ms. Reno misrepresenting the jury
\nverdict as a vindication for the government? The jury verdict was
\ncorrectly characterized by the New York Times as a \u201cstunning defeat\u201d for
\nthe federal government; a Los Angeles Times headline declared, \u201cOutcome
\nIndicates Jurors Placed Most Blame on the Government.\u201d Bill Johnston,
\nthe lead federal attorney at Waco, burst into tears in bitter
\ndisappointment at the verdict. The defendants received relatively light
\nsentences \u2014 until the Justice Department subsequently arm-twisted the
\njudge into reinstating charges that he had originally dismissed after
\nthe jury verdict.<\/p>\n
Mr. Clinton declared on April 23, \u201cThis is a freedom-loving democracy
\nbecause the rule of law has reigned for over 200 years now.\u201d The
\nfoundation of the rule of law is that government officials must obey the
\nsame laws as private citizens. The ghosts of Waco will continue to haunt
\nthe U.S. government until the truth is told about what the government
\ndid and why.<\/p>\n
\u2014 Mr. Bovard is the author of \u201cLost Rights: The Destruction of American
\nLiberty\u201d (St. Martin\u2019s Press).<\/p>\n
*****<\/p>\n
The Washington Times<\/p>\n
October 09, 2000, Monday, Final Edition<\/p>\n
SECTION: PART A; COMMENTARY; Pg. A14<\/p>\n
LENGTH: 985 words<\/p>\n
HEADLINE: In the name of Justice<\/p>\n
BYLINE:\u00a0 James Bovard<\/p>\n
BODY:
\nH.L.\u00a0 Mencken quipped in the 1920s that the name “Justice Department” was an
\noxymoron.\u00a0 Attorney General Janet Reno has vindicated Mencken and given solace
\nto cynics across the land.<\/p>\n
In July, controversy erupted over “Carnivore,” the FBI’s e-mail wiretap
\nsoftware that reportedly can vacuum up vast amounts of private e-mail –
\nregardless of whether the feds have a search warrant.\u00a0 FBI officials “explained”
\nthe program’s ominous name by stressing that they never thought the public
\nThe Washington Times October 09, 2000, Monday, Final Edition<\/p>\n
would learn of the program’s existence.\u00a0 Janet Reno took charge by announcing
\nshe would require the FBI to change Carnivore’s name.<\/p>\n
The Justice Department also promised to appoint independent experts to
\nevaluate the program and to issue a report showing it posed no threat to
\nprivacy.\u00a0 Several top academics snubbed the feds, doubting the review could be
\nbona fide.\u00a0 Late last month, the Justice Department proudly announced that a
\nteam affiliated with the Illinois Institute of Technology would conduct a
\nthorough evaluation of Carnivore.\u00a0 The Justice Department is scheduled to
\nrelease this independent expert report exonerating the Carnivore system in
\nDecember.<\/p>\n
But glitches happen.\u00a0 The Justice Department posted an information file,
\nincluding the contract proposal, on the project on its Website.\u00a0 Key parts of
\nthe researchers’ resumes were blacked out – or so the Justice Department
\nthought.\u00a0 Computer buffs at www.cryptome.org easily opened the documents and
\nlearned that among the “independent” experts is a top adviser to Mr.\u00a0 Clinton’s
\n1992-93 transition team who performed several studies for federal agencies in
\nrecent years, a former Justice Department lawyer, some consultants for the
\nInternal Revenue Service, and others who had top security clearances from the
\nNational Security Agency and the Pentagon. The proposal promised that two of its
\nkey experts would “be of special assistance in the public comment phase of the
\nThe Washington Times October 09, 2000, Monday, Final Edition<\/p>\n
project.\u00a0 . . . to help the public overcome popular myths and understand the
\nlimitations associated with Carnivore.”<\/p>\n
Declan McCullagh, Wired News’ ace reporter, noted “the irony of public
\ndisclosure of personal information, by the very people who are in the midst of
\nclaiming they can be trusted to protect it.” On the other hand, perhaps the
\nhefty list of the Carnivore reviewers’ government connections merely proves they
\nare “independent enough for Clinton administration work.”<\/p>\n
The same charade occurred with the “independent” company hired to evaluate
\nthe film footage of the re-enactment of the FBI’s final assault at Waco held
\nearlier this year at Fort Hood, Texas.\u00a0 The Justice Department endlessly
\nrepeated that the Vector Data Systems is an independent British company.
\nHowever, Vector is actually owned by Anteon, a large American corporation whose
\nweb page brags of its contracts with 50 federal agencies – including the White
\nHouse Communications Agency, the Pentagon and the Justice Department.\u00a0 Perhaps
\nthe Justice Department assumes the best measure of the independence of a company
\nis how many federal contracts they have snared – and hope to receive in the
\nfuture.\u00a0 Not surprisingly, Vector provided the correct answers -thus seeking to
\nabsolve the FBI of some of the most serious charges against it at Waco.
\nThe Washington Times October 09, 2000, Monday, Final Edition<\/p>\n
The recent “independence scams” should be no surprise.\u00a0 The Justice
\nDepartment has no concerns about conflict of interest because the government is
\npresumed to be incapable of committing any wrong.\u00a0 In a 1996 speech to
\ngovernment prosecutors, Miss Reno declared: “All of you public lawyers are but
\nlittle lower than the angels, and I salute you.” Miss Reno showed her belief in
\nangels in 1994 when she decreed that federal prosecutors would no longer be
\nbound by the ethics guidelines of state bar associations.\u00a0 Miss Reno’s power
\ngrab for federal prosecutors was unanimously condemned by the Conference of
\nChief Justices, representing all the state supreme courts.<\/p>\n
The longer Miss Reno clings to office, the more convinced she becomes that
\nshe personifies justice.\u00a0 Consider her flip-flop on the independent counsel law.
\nMiss Reno urged Congress in 1993 to renew the independent counsel law because
\n“there is an inherent conflict whenever senior executive branch officials are to
\nbe investigated by the department and its appointed head, the attorney general.”
\nBut the longer she served as attorney general, the more contemptuous she became
\nof public confidence in the justice system.\u00a0 Last year, she flipped and told
\nCongress that the existing law should be replaced with a system that gave any
\nattorney general unfettered authority to veto any indictments and to fire any
\nspecial counsel at any time on any pretext, thereby perpetually politicizing
\ninvestigations of wrongdoing by high-ranking government officials.\u00a0 Miss Reno
\nillustrated how the new system works with her choice of Clinton golfing buddy
\nThe Washington Times October 09, 2000, Monday, Final Edition<\/p>\n
John Danforth to head the most recent federal Waco whitewash.<\/p>\n
Miss Reno and the Justice Department have rarely gone wrong overestimating
\nthe gullibility of the American public and media.\u00a0 If George W.\u00a0 Bush wins next
\nmonth, Americans will have a better chance of finding the hidden skeletons in
\nthe Justice Department’s closet.<\/p>\n
But the biggest mistake would be to expect the Justice Department to become
\ninstantly trustworthy with Miss Reno’s departure.\u00a0 Folks who go around giving
\nthe name “Carnivore” to programs designed to stomp the hell out of privacy
\ncannot be trusted regardless of who is attorney general. The only sure way to
\nmake the Justice Department respect justice is to dramatically reduce its size
\nand radically curtail its arbitrary power. Indeed, “Carnivore” should be a
\nwake-up jolt to any American who still believes governments are not predators.<\/p>\n
James Bovard\u00a0 is the author of the just published “Feeling Your Pain: The
\nExplosion & Abuse of Government Power in the Clinton-Gore Years” (St. Martin’s
\nPress).<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Former Attorney General Janet Reno died yesterday.\u00a0 The Washington press corps made her a saint after she sent in the tanks against the Branch Davidians on April 19, 1993.\u00a0\u00a0\u00a0 Her aura of sainthood continued for the rest of her career, regardless of the brazen scandals and abuses the Justice Department and FBI committed during her […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[937,938,349,112,565,11,939,102],"class_list":["post-9842","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-attorney-general","tag-carnivore","tag-coverup","tag-crime","tag-janet-reno","tag-justice-department","tag-perjury","tag-waco"],"yoast_head":"\n
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The Wall Street Journal called Bovard \"the roving inspector general of the modern state\" and Washington Post columnist George Will called him a \"one-man truth squad.\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism & Tyranny won the Lysander Spooner \"Best Book on Liberty in 2003\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. 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