-Caveat Lector-
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>
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> Host: Michael Levine, 25 Year veteran federal agent and author of NY Times
> bestseller "DEEP COVER" - "THE BIG WHITE LIE"(optioned for movie) -The
> fact-based thriller (now in paperback) THE TRIANGLE OF DEATH ("Compelling
> authenticity..." N.Y. Times )
>
> LINKS
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>
> Dear Editor, the following piece, "WACO: Key Evidence Ignored by Congress" is
> herewith submitted as an Oped piece, or Letter to the Editor.
>
> WACO: Key Issue & Missing Evidence Ignored by Congress and Media
> by
> Michael Levine
>
> I find it almost tragicomic at how mainstream media talking head and
> Congress continue to miss—either intentionally or by ignorance of their
> subject matter —what are the real legal and historical issues involved in the
> massacre of 80 American citizens at the hands of government agents at Waco,
> which are: Did the Bureau opf Alcohol, Tobacco & Firearms (BATF) act in
> violation of the US Constitution, Federal and State law in the first place in
> taking any potentially deadly action against David Koresh and his followers?
> Were, what is commonly referred to as "The Rules of Engagement" violated?
> And, has evidence of them violating the Rules of Engagement been illegally
> destroyed or hidden?
> If the Rules of Engagement were not violated—since there is no such crime
> as "overkill"—the use of pyrotechnics and military, the current media focus
> and furor, at worst, will only be perceived as a series of regrettable
> "errors in judgment" for which some low level people may or may not be held
> accountable.
> Before going further it is important that the American public,
> particularly journalists now covering this issue, understand that, according
> to the Rules of Engagement, before a US law enforcement officer is permitted
> to resort to the use deadly force, the following conditions must exist:
> 1. The officer must be in fear for his/her own life, or the life of
> others.
> 2. The Use of Deadly Force must be the last and only recourse.
> Just the fact that Congressman Charles Schumer (now Senator) is being
> left out of the debate should tell anyone who understands the Rules of
> Engagement that the current media coverage is missing the point and to a
> great extent continuing to obfuscate the real issue.
> During Congressman Schumer's hearings into the events at Waco—the Clinton
> administration's alleged search for Truth— the first question that should
> have been answered is: When the BATF first used deadly force, did they truly
> believe their lives were in danger, and was it their last and only recourse?
> Top level BATF brass testified before Congressman Schumer that the
> Davidians "ambushed" the raiding agents by firing at them first through two
> steel doors and that the agents returned fire to defend themselves, thus
> placing their actions clearly within the parameters of the Rules of
> Engagement. They said that the opening barrage fired by the Davidians, was
> so forceful that the doors actually "bowed outward"
> Now, if this powerful testimony, rubber stamped and trumpeted all across
> mainstream media was true, all use of deadly force that followed was, albeit
> arguably, justified, whether or not they "mistakenly" set the place on fire.
> On the other hand, if this assertion was false, every potentially deadly
> act the agents took was clearly both a Federal and Texas State felony.
> Either way, since there is no such crime as "overkill" the question of who
> used what pyrotechnic devices and/or whether or not the military was used,
> and/or who knew what and when after the initial use of deadly force —the
> current focuses of all mainstream media reportage—are at best moot questions.
>
> Now here's were Congressman Schumer comes in. According to testimony
> before his committee, there were two pieces of evidence that should have
> proved that the government agents acted,a s they claimed, within the Rules
> of Engagement in resorting to deadly force. The BATF officers claimed that
> they had actually videotaped the Davidians firing first through the double
> steel, entrance doors. They called it an "ambush."
> Since the doors themselves were not destroyed by the fire and in fact had
> been glimpsed being moved by a bulldozer on television news footage, they
> along with the BATF videotapes would have put most of the fears now expressed
> about Federal law enforcement and the present administration's actions to
> rest.
> But this did not happen.
> BATF Testimony before Congressman Schumer indicated that the videotapes
> were "missing" and that only one the two steel door was recovered.
> Frighteningly, for those who already feared an out-of-control Federal law
> enforcement bureaucracy, the recovered door showed evidence of only the
> inward path of BATF bullets. There was no evidence that the Davidian's, at
> that point, had even returned fire. The other door, the alleged part that is
> "bowed outward" from the force of the Davidians "ambush" bullets was and
> still is "missing."
> If you watched the Waco hearings on C-SPAN you saw Congressman Schumer,
> scornfully, declare that the missing front door was "irrelevant." The
> missing video was barely addressed and the question of whether or not 80
> Americans had been massacred illegally by their own government was dismissed
> out of hand. Congressman Schumer even referred to "Flash-bang" grenades—now
> believed to have been the direct cause of the fire— as "blow-backs," the
> equivallent of a homicide detective picking up a gun and calling it a
> "Squeegee."
> The worst fears of those whom many reporters—demonstrating their own
> ignorance of US Conspiracy laws—refer to as "conspiracy theorists," were
> confirmed. The fallout from this massacre of 80 Americans including 27
> children, I fear, may have just begun.
> I have spent 35 years in Federal and State courts testifying as an expert
> witness in many matters relating to Law Enforcement including The Rules of
> Engagement and will offer my testimony here: the questions of the missing
> door and videotape, the identification of individuals responsible for their
> disappearance and Congressman Schumer's logic and motivation in calling this
> key evidence"irrelevant" must be answered fully for there ever to be a true
> healing of the festering wound on America's soul called Waco.
>
> Michael Levine
> 212-209-2970
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