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Organization: Alpha Institute, Aurora, CO.
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Without permission from the Rocky Mountain News, Oct. 16, 1993.
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-!----------------------------------------------------------------
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Feds Assume Powers Above and Beyond Law
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by Paul Craig Roberts
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Have the police powers of our government become too great? The
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government's own reports on the assault on the Branch Davidian compound in
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Waco, Texas, paint a picture of law authorities running amok and
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squandering the lives of scores of men, women and children.
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The Treasury Department's report is by far the most critical.
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It blames Bureau of Alcohol, Tobacco and Firearms officials for botching
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the raid on the compound and then engaging in deception to hide their
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mistakes. The bureau's director has resigned, and five officials have been
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placed on administrative leave pending further action.
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The Justice Department's report contradicts Attorney General Janet
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Reno's reasons for ordering the fatal attack, but raises more questions
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than it answers by exonerating all high-ranking FBI and Justice Department
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officials.
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But more is amiss here than a botched raid and possible
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conflict of interest. Both reports gloss over many legal irregularities and
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the government's hostile attitude toward the Davidians that led to the
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disaster.
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The Treasury's report notes that despite its shortcomings,
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"the raid fit within an historic, well-established and well-defended
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government interest in prohibiting and breaking up groups that sought to
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arm or fortify themselves." Once the decision was made to bust up the
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group, the legal niceties that constrain government behavior became
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casualties.
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Some of the evidence used to obtain the warrant that launched the
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initial raid apparently was false or fabricated. Film footage of the
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violent assault and tapes of telephone conversations with Davidian leader
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David Koresh do not appear to be consistent with the government's
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explanation of events leading to the fiery deaths in the compound.
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The government committed more wrongs than merely proceeding with an
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attack in full knowledge that the Davidians were expecting them. By not
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honestly addressing these wrongs, both reports constitute a whitewash.
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Something similar happened in Idaho, where federal marshals killed two
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members of Randy Weaver's family after deciding that the family, living in
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an isolated cabin in the mountains, constituted a dangerous gang of "white
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supremacists."
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Having suppressed this armed group residing within its borders, the U.S.
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brought Weaver to trial. But the jury sided with Weaver and threw out the
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case, and U.S. District Judge Edward Lodge excoriated the FBI for
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withholding evidence about what really happened.
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Like it or not, federal agents have assumed the power to decide whose
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beliefs are permissible and to use deadly force to regulate the behavior of
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those deemed to be outcasts. Nothing in our law gives government this
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power. If we permit this illegitimate power to be used against fringe
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elements, it will gain legitimacy and threaten us all.
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In the post-war era, anti-communism and law-and-order issues rallied
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many Americans to the defense of the state. In the process we neglected to
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note that many of the means we chose also permitted the emergence of
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government power that is accountable only to itself.
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The Waco disaster offered an opportunity to confront this issue, but
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the Treasury and Justice reports have successfully evaded it. As Rep. Don
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Edwards, D., Calif., chairman of the Judiciary Subcommittee on Civil and
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Constitutional Rights, observed, the governments report is "very
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disappointing."
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MORE COVERUP OF MURDEROUS FBI RAID IN WACO, TEXAS
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By Gary Wilson
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The official report is in on the massacre of the Branch Davidian
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sect in Waco, Texas. But the question remains: Why did the
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government do it?
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The official explanation given at the time by Attorney General
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Janet Reno was that the attack was ordered "because of the
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children." The Justice Department investigation released Oct. 8
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contradicted this, saying "there was no evidence of child abuse at
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the compound during the siege or even enough evidence to arrest Mr.
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Koresh on such charges before the Feb. 28 raid." (New York Times,
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Oct. 9)
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So killing all the children in order to "save" them from some
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unnamed abuse was not the reason.
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The department's report is more a coverup than a revelation. The
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only point that comes through is that the investigators--all from
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the Justice Department which includes the FBI--concluded that the
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FBI did no wrong. Deputy Attorney General Philip B. Heymann, the
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supervisor of the investigation, will probably get a bonus this
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year for a coverup well done.
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The report does not even attempt to answer a new and damning piece
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of evidence. According to a CBS Radio news report on Oct. 9, a
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videotape of the FBI attack shows a tank crashing through the house
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where 75 people were burned to death. On the front of the tank is
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a clearly recognizable flame thrower.
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This video, CBS said, has been shown on two TV stations. The CBS
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report attempted to dismiss it by emphasizing that it is being
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distributed by a person sympathetic to the Branch Davidians.
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-30-
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(Copyright Workers World Service: Permission to reprint granted
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if source is cited. For more information contact Workers World,
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55 West 17 St., New York, NY 10011; via e-mail: ww@blythe.org.)
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The Washington Times
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October 23, 1993
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page A3
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New ATF chief tells panel his bureau
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will be ready for Waco-like situations
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by Jerry Seper
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The newly appointed head of the Bureau of Alcohol, Tobacco and
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Firearms told a House subcommittee yesterday that ATF will be
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ready to handle situations similar to the raid at the Branch
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Davidian compound in Texas, in which four agents were killed.
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John Magaw, former director of the U.S. Secret Service, said
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future actions by the agency will rely heavily on the agency's
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intelligence-gathering abilities.
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"The raid on the Branch Davidian complex may be a unique event,
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but we are aware of similar groups and situations in other
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places," Mr. Magaw told the House Appropriations subcommittee
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that oversees the Treasury Department.
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"The key is to work in concert with our peers to ensure we are
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absolutely ready for something like this, should it occur again,"
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he said.
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Treasury Secretary Lloyd Bentsen named Mr. Magaw to head ATF
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Sept. 30, after former ATF Director Stephen E. Higgins was forced
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to resign in the wake of the Branch Davidian debacle.
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In the deadliest day in ATF history, four agents were killed
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and 20 others were injured when 76 agents attempted on Feb. 28 to
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serve an arrest warrant on Branch Davidian cult leader David
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Koresh and a search warrant for the compound. At least 10 cult
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members also died.
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The Treasury Department investigated the raid and later removed
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five senior ATF officials from their posts.
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A 501-page department report, praised by law enforcement
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officials and others for its thoroughness, blamed top ATF
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commanders for proceeding with the raid despite having been told
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by an undercover agent that the cult members knew they were
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coming.
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The resulting 51-day siege at the compound ended on April 19 in
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an FBI assault, during which 85 cult members, including 24
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children, were killed in a wind-swept fire that raced through the
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facility. A Justice Department investigation of the FBI's
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handling of the raid found no departmental blame.
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Assistant Treasury Secretary Ronald K. Noble, who heads the
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department's enforcement divisions, told the panel that future
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actions ** when necessary ** could be curtailed to eliminate or
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reduce what he described as "dynamic entries."
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"Although we cannot prejudge all future situations, we must be
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open to the possibility that a dynamic entry ** exposing agents,
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innocent persons and children to gunfire ** may simply not be an
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acceptable law enforcement option," Mr. Noble said.
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Both Mr. Magaw and Mr. Noble told the subcommittee that the
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truth of what happened before and during the raid came out
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because rank-and-file agents were willing to tell the truth. They
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said many of the public statements by the ATF leadership at the
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scene were "inaccurate."
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The Treasury Department's report described many of those
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comments as "less than truthful" and said some of the field
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commanders altered documents after the raid to cover up what they
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had done or what they had been told before ordering the agents to
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proceed against the cult members.
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Mr. Noble characterized some of the statements as "lies."
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The report has since been forwarded to the Treasury
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Department's inspector general's office, which is reviewing the
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actions of many of the agents involved. Department officials have
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declined to say, however, what future action might be pending.
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Mr. Noble suggested that news media representatives covering
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similar events in the future should reconsider their methods.
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The presence of reporters and cameras can affect a pending law
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enforcement action ** such as the one in Waco ** and journalists
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need to work with law enforcement officials to ensure that the
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efforts of neither are compromised, he said.
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