-Caveat Lector-

http://www.washingtonpost.com/wp-srv/WPcap/1999-10/08/077r-100899-idx.html

FBI Produces New Waco
              Documents
              Logs Detail Aggressive Federal
              Tactics

              By David A. Vise and Lorraine Adams
              Washington Post Staff Writers
              Friday, October 8, 1999; Page A16

              The FBI has turned over to investigators
              thousands of pages of newly discovered
              internal documents that paint the most
              detailed picture yet of the aggressive
              federal tactics used during the 51-day
              siege of the Branch Davidian compound
              near Waco, Tex., in 1993 and offer a
              revealing look at the inner workings of
              the operation.

              Included among the intelligence reports,
              operational plans, logs, photos and
              videos that the bureau did not produce
              during previous congressional and
              federal probes is new information that
              agents sought approval to shoot at
              Branch Davidians who were not carrying
              weapons during the final siege but that
              headquarters rejected the request. The
              documents also outline seven instances in
              which the FBI threw or launched
              hand-held "flash-bang" grenades at
              Davidians who were exiting the
              compound earlier in the standoff.

              The new documents were discovered in
              boxes at the FBI's complex in Quantico
              after fresh subpoenas and other requests
              from the Justice Department, various
              congressional committees and former
              senator John C. Danforth (R-Mo.), who is
              spearheading a new federal probe.

              Federal officials, who asked not to be
              identified, said the FBI had not
              previously provided the records, some of
              which are stamped "Secret" or
              "Confidential," because earlier
              congressional requests were drafted too
              narrowly or the bureau overlooked the
              records.

              Sen. Charles E. Grassley (R-Iowa) said
              yesterday that the newly discovered FBI
              documents raise troubling questions.

              "The material does fill in more pieces of
              the puzzle and paints a disturbing
              picture of the FBI's judgment and tactics
              during the final days of the siege,"
              Grassley said. "Did all of the
              Waco-related documents that would
              have reflected poorly on the FBI end up
              at Quantico? How do we know all the
              documents have been turned over now?"

              The FBI documents range from the first
              day of the failed Bureau of Alcohol,
              Tobacco and Firearms raid, in which
              heavily armed Branch Davidians killed
              four agents, through the aftermath of the
              fire of April 19, 1993, that left about 75
              sect members dead. They appear to
              contain no conclusive evidence that the
              FBI contributed to the start of the fire, or
              fired at the Branch Davidians.

              But the new records do provide clues
              relevant to Danforth's inquiry regarding
              the possible use of deadly force. And,
              they give a day-by-day description of the
              FBI operations during the almost
              two-month siege, ranging from the often
              humorous daily weather report that
              included a "mud index" to intelligence
              reports on Waco-related Internet
              activities by militia groups.

              They also reveal for the first time that FBI
              officials sought medals of honor for the
              agents involved in the deadly siege;
              headquarters rejected that request too.

              Among the documents are seven drafts of
              the FBI's operational orders for the final
              siege, including two that said agents
              could use deadly force against Branch
              Davidians carrying no weapons as they
              emerged from the compound if they
              failed to respond to commands as they
              approached law enforcement officials.

              The final version of the operational
              orders reverts to standard FBI policy,
              which prohibits the use of deadly force
              except as necessary in self-defense or in
              the defense of another person.

              Byron Sage, the FBI's chief negotiator at
              Waco, said the modification in the
              agency's deadly force policy was
              proposed after FBI agents received
              information from a Davidian who had
              left that others inside were considering
              exiting the compound with explosives
              strapped to their bodies. In that instance,
              he said, the Davidians would have posed
              a danger even though no weapons were
              visible.

              The proposed orders were reviewed by
              Jeff Jamar and Richard Rogers, the two
              senior FBI agents at Waco. Rogers also
              played a role in the pivotal change in
              deadly force policy that critics of the FBI
              argue led to the 1992 fatal shooting of
              Vicki Weaver at Ruby Ridge, Idaho.

              In the first version of the Waco plan,
              dated March 4, 1993, the field agents
              propose that the standard FBI deadly
              force policy be in effect: "Agents are not
              to use deadly force against any person
              except as necessary in self-defense or the
              defense of another." But in a later
              version, dated March 10, the FBI added
              language that said agents could use
              deadly force against Davidians emerging
              from the compound who did not respond
              to directions and approached FBI agents,
              even if they had no visible weapon. Then,
              in an April 9 version, the standard FBI
              policy is again listed, although it is
              followed by a section that was redacted
              in the document.

              Danny O. Coulson, the FBI agent who
              manned the command post in
              Washington during the evenings,
              emphasized yesterday that the rules
              ultimately approved by Attorney General
              Janet Reno did not include firing on
              unarmed Davidians. "I think the
              important thing here is what were the
              rules they were operating under April
              19th," he said.

              The new documents also detail at least
              seven occasions in April 1993 when
              flash-bang grenades were used against
              Davidians attempting to exit the
              compound, forcing them to go back
              inside. Flash-bangs are designed to
              disorient targets without causing
              permanent injury by producing a
              blinding flash of light, a loud blast and
              smoke.

              The FBI's use of flash-bangs was
              disclosed in a 1993 Justice Department
              report and later House hearings.

              Critics of the FBI's handling of the siege
              argue the use of flash-bangs encouraged
              the Davidians to remain inside the
              compound, where most of them
              ultimately died during the final assault.

              Sage and others said the Davidians had
              the opportunity to come out if they were
              prepared to surrender but that they could
              not allow them to exit at will. "The use of
              the flash-bangs was to drive them back
              inside," Sage said. "It had to be a well
              orchestrated and planned exit," so
              nobody perceived their exit as an attack.

              Other information in the newly disclosed
              FBI documents showed that:

              * On April 13, then-Associate Attorney
              General Webster L. Hubbell advised the
              FBI that the Clinton administration
              wanted "military experts' opinion of the
              operation."

              * Even after the FBI took control of the
              operation after the ATF's failed February
              1993 raid, a significant contingent of ATF
              agents remained on the scene. The FBI
              documents show that on April 11, 1993,
              the ATF advised that it still had 136
              agents there. "After the initial raid, ATF's
              role was strictly a support function," said
              ATF spokesman Jeff Roehm.

              * The FBI received a fax in late March
              urging agents to "step aside" and let the
              Texas Rangers, a state police force,
              negotiate a peaceful solution and have an
              independent grand jury investigation.
              "The shedding of more blood through
              more bungling will only further damage
              the credibility of the FBI and the federal
              government," the fax says.

              Staff writer Richard Leiby and staff
              researcher Margot Williams contributed
              to this report.

               � Copyright 1999 The Washington Post
                           Company

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