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From:

http//www.worldnetdaily.com/bluesky_bresnahan/20000126_xex_feds_accused.shtml

WEDNESDAY, JANUARY 26 2000

ARMED AND DANGEROUS

Feds accused of'torturing babies'

Waco lawsuit condemns FBI, Delta Force for gassing women,
children for 6 hours

------------------
By David M. Bresnahan
© 2000 WorldNetDaily.com

Saying he wants to hold the government accountable for "the
torture of innocent children," the attorney for David and Rachel
Koresh's three children -- all of whom perished, along with 14
other children in the Branch Davidian fire in Waco, Texas -- has
already deposed, under oath, over 30 FBI and Delta Force
personnel regarding their role in the April 19, 1993 disaster.

In the wrongful death lawsuit, Brannon was hired by relatives to
represent the three Koresh children, ages 16 months, 6, and 8;
the two oldest children celebrated their birthdays during the
51-day siege. Other deceased victims of the fiery assault, both
adults and children, are being represented in other cases.

<Photo>

This scene from the documentary "Waco: A New Revelation" shows
federal agents in their original Feb. 28, 1993 assault on the
Branch Davidians, shooting through walls and windows even though
they knew children were inside. Photo courtesy MGA Films, Inc.


Eventually, over 100 federal officials will be deposed, including
Attorney General Janet Reno and perhaps President Bill Clinton.
So far, about a third of those on the list have been questioned
under oath in court-ordered depositions.

"Almost all of them from FBI people. Two of them from military
people, and it seems as though an almost universal amnesia has
struck -- an epidemic of amnesia," explained attorney Jim Brannon
in a telephone interview.

The federal officials involved in the 51-day siege at Waco
completed a government form known as a "302" after the event took
place. Those forms are primarily notes or transcriptions of
interviews, but they are not sworn statements. Brannon is using
those forms as a starting point for questions as he places the
federal officials under oath.

"Naturally they don't remember anything, but they sure remember
there wasn't anybody there on the ground shooting," Brannon told
WorldNetDaily.

A recent documentary film, "Waco: A New Revelation," presented
evidence that federal forces fired guns into the Mt. Carmel site
prior to and during the fire that killed 17 children and 54
adults. The documentary also presents evidence that CS gas was
sprayed almost continuously into the site for up to six hours,
and that the gas combined with incendiary devices now known to
have been used in the assault could have caused the ensuing fire.

The FBI has strongly denied there was any gunfire from any
federal forces. It has also stated that the Branch Davidians
committed suicide by not coming out when the CS gas was used on
them.

Bob Ricks, FBI special agent in charge at Waco, stated at a press
conference shown in the documentary that the FBI purposely
sprayed the dangerous gas on the mothers and children. He said it
was done in an effort to get the mothers to "flee" with their
children.

"You have these other groups of lawyers who represent all the
adults, and their families, and heirs, and brothers, and sisters,
and so on. I, on the other hand, have three innocent kids who are
dead, and we want to know why,"  explained Brannon.

"My fundamental position in the case, just from the standpoint of
the limited claim that I have, is very simply this: We don't
authorize under any conditions, any circumstances, not a single
instance, nowhere, no time, do we tell any law enforcement
officer as part of the arrow in your quiver you get to torture
babies to accomplish your ends," stated Brannon emphatically.

Although the FBI and other federal officials have tried to
justify their actions, Brannon said there is no justification and
believes his case will be an easy one to win.

The FBI should know "you don't ever torture a baby for any
reason, however noble it may be," he said. "You don't get to
torture a baby to save your life. We don't pay you to torture
babies, and that's what you did there, and you knew you did it,
and you advertised you did it, and you bragged that you did it,
and you said, 'Oh, but we didn't think it would hurt them much.'

"That's not the worst thing you said. The other thing you said
was, 'Well, all their parents have to do is bring them out, so
don't blame us.' The translation is, if you have bad parents in
this country, and you're a little kid, law enforcement gets to
torture you because they don't like your parents.

"Ain't that a hell of a note for the government to take! Nobody
says you get to torture babies in America -- period. Not for any
reason. Not for any purpose," stated Brannon.

The FBI continues to maintain its claim of innocence in the sworn
depositions, said Brannon, still maintaining that no government
guns were fired that fateful day. Government video footage seems
to show gunfire, but official FBI sources have disputed those
claims, even though government experts were used to analyze the
footage. WorldNetDaily recently reported on efforts to dispute
those claims.

Brannon initially had difficulty getting the government to admit
that the Delta Force exists. Once an agreement was reached that
he could depose members of the elite fighting team, a series of
strict rules was put in place.

Brannon is not permitted to know the names of the Delta Force
members being deposed, or even to see them. They are kept behind
a screen for "national security" reasons.

No recordings of the interviews are permitted on video or
audiotape. The only record of the deposition is by a court
stenographer.

Brannon said the process is worse than the amnesia of the FBI
agents. After he asks questions, the Delta Force members are most
often directed by government attorneys not to answer, he said.

"I want the helicopter pilots. I want the snipers -- all of them.
I want to see if they can all tell the same lies. I don't think
they're that good. I might get real lucky and run across one or
two of them who is willing under oath -- when they have to tell
the truth -- [to] tell the truth. Maybe I'll find some that won't
lie for them. I believe the truth won't hurt my side.  Not out of
what I've seen up to now," Brannon said.

Since there is no judge present during the questioning, Brannon
is left with no means to compel the witnesses to answer. Indeed,
government attorneys direct Delta Force members not to respond to
most of Brannon's questions.

Despite the fact that the government admits to the presence of
only three Delta Force members at Waco, Brannon claims there were
at least 10.

"The 10 have been traced on their travel vouchers. They came and
went during the 51-day siege at Waco. Sometimes there were only
three from that group present at one time," Brannon explained. He
hopes eventually to get depositions from all of them.

<Photo>

A doll found in the ashes of the Waco raid coducted by the FBI
and Delta Force after 17 children were burned to death April 19,
1993. Photo courtesy of MGA Films, Inc.


The government has been using what Brannon considers stalling
tactics in complying with court orders to produce evidence,
witnesses and depositions.  As a result, the court issued an
order in November -- after the government asked for an extension
of time -- which said, in part: "The court is not unmindful that
the government waits not only until the last day, but until the
last minute to respond to every order this court has issued. That
practice causes the court to be suspect of the government's
desire to comply with its orders."

Brannon has plans to depose Reno. "It's just a question of
scheduling," he said. He would not rule out depositions of Gen.
Colin Powell, Les Aspen, Hillary Clinton, and President Bill
Clinton, all of whom had roles in the Waco event, according to
government documents.

"If Clinton did what I think he did, if I can ever prove it, I
think he gave the okay to the Delta Force to go in there and help
those guys. I think he said, 'They don't know what they're doing.
Y'all go in there and take care of it.' Or words to that effect,"
said Brannon.

When the court sent an order to all federal agencies requesting
copies of all Waco-related documents, the White House refused,
claiming "executive privilege."

"That's one of those things where you take the Fifth Amendment
and everyone in the world knows you're guilty," said Brannon. "If
you're going to claim executive privilege, it's something you
don't want the public to know you did."

Nevertheless, Brannon is going to attempt to lift the cloud of
national security and executive privilege so he can get the
evidence he needs.

"They can't hide behind a classified heading when they're going
down there shooting Americans," he said. "I will be seeking to
declassify all information pertaining to military operations
against civilians."

He said that on his most recent trip to Washington, D.C. to take
depositions, he spent most of his time negotiating with the FBI.
The FBI team is identified in a court document as G. Noesner, J.
Huyler, and F. Lanceley.

Brannon said the negotiators conceded to him that the Waco
incident was poorly handled. "It was the worst they had seen in
their 20-plus years in the FBI," said Brannon.

Michael McNulty, co-producer of "Waco: A New Revelation," said he
agrees with Brannon that the children were purposely tortured by
the government agents and military. The government readily admits
that CS gas was sprayed almost continuously on the mothers and
children who were inside the Mt. Carmel buildings on April 19,
1993.

The Branch Davidians and their children were subjected to many
hours of gas before they were allegedly attacked with gunfire.
Survivors claim that despite the horrors of being gassed, the
Branch Davidians believed they would be shot if they came out,
according to the documentary presentation.

"The so-called bunker or church vault where the women and
children were hunkered down, the exposure (to CS gas) there went
on for a couple of hours at the very least. It was continuous.
There was no escaping it, particularly in a small, unventilated,
confined space," said McNulty of what he uncovered in his
investigation.

McNulty used an excerpt of video from a government press
conference at Waco, showing Ricks telling reporters that the gas
was used to get the women and children to flee from the Mt.
Carmel buildings.

"That's an admission. That means they are going to put that gas
in there to where it was so bad that it would force the mothers
to flee out. But you know what? The mothers maintained. On the
flip side of the coin, you have to understand that there was a
gunfight going on when one would have expected them to flee out.
Flee out to what? To being shot? That's the irony of this,"
said McNulty.

Brannon believes the evidence clearly shows the FBI was at fault.

"The most pertinent (form or torture) that everybody knows about
was the intentional insertion of a gas," explained Brannon.
"About which they knew precious little about the effects of that
gas on children, and knew nothing of the effects of it at the
dosages they were squirting in there -- knowing that the children
were unprotected.

"They did it with the express purpose of making the children so
uncomfortable that the parents would bring them out. In other
words, torturing the children to get their parents to do
something. I don't believe law enforcement anywhere in the United
States should be authorized to torture a child. And certainly not
torture a child as a strategy to get the parents to obey their
orders -- period," said Brannon.

"Why in God's name would national security issues ever become
part of a civil law enforcement case? It would have had to have
been the Branch Davidians were Russian spies or something, and
therefore it would fall under the aegis of national security and
the FBI would have handled it from the outset," said an angry
McNulty to WorldNetDaily.

McNulty conducted the majority of the research to locate the
evidence and witnesses presented in his documentary. Much of that
evidence has been shared with attorneys for the various civil
cases now under way, and with government investigators.

<Photo>

New evidence found by producer Michael McNulty and shown in
"Waco: A New Revelation" indicates the possibility that
incendiary devices used by government forces could have touched
off the inferno that took the lives of 17 children. Photo
courtesy of MGA Films, Inc.


"Why would a civil law enforcement matter have documents
generated by the president of the United States and/or his staff
that can be covered under executive privilege in the first
place?" he asked rhetorically.

"What have we stumbled on here? The tip of the actions of our
federal government in the capacity of a secret police," McNulty
suggested.

Brannon was present during the siege on Mt. Carmel and offered to
help the FBI negotiate with Branch Davidian leader David Koresh.
They turned his offer down flat.

"If you really want the guy out, why would you not let us go in
and talk to him?" Brannon says he asked the FBI at the time.
"Well, their answer was always the same. 'Those are terrorists in
there. They'll shoot you. They'll put you as a shield.' All that
bull they were putting out. It was all part of the demonizing
process that we were all swallowing like candy. We made them to
be demons, courtesy of the FBI and the press. Everything the FBI
said, the press put it right out."

He tried to get reporters to ask why the FBI would not let
Brannon or Koresh's grandmother go in and talk to him. No one
would do it for him.

"I was allowed to go to a certain gate about six miles from Mt.
Carmel. The press got to drive on past that gate. No member of
the public got past that gate. The press got to drive on by and
get up there and get those cameras there a couple miles away.
There was a whole society of the press," he told WorldNetDaily.

"Here's what the one guy from the press told me. He said, 'Listen
Jim. We don't want to get kicked out. If we ask that question,
we'll be like that crew from New Zealand. They (the FBI) ran them
right off.' They didn't want any tough questions, and they made
an example of that one group."

Brannon claims the press only published the official statements
of the FBI without digging deeper, or even trying to report other
aspects to the story.

Brannon's case, Andrade et. al. v. Chojnacki et. al. is expected
to complete the current depositions and discovery phase by the
end of March. Trial will take place before the year is over.

He says the evidence presented by the FBI in the case has been
tainted so that it comes out the way they want it to.

"Any evidence touched by the FBI never comes away the same way it
goes in.  They put their mark on it. They spin it; they treat it,
they throw it away, they test it, they reconstruct it, they taint
it. That has to do with the fire evidence. It has to do with
everything.

See related story, Waco prosecutor quits' by David Bresnahan.

------------------
Previous stories:
FBI machine-gunned Davidians, experts say

See Joseph Farah's column:
Waco: Government-sponsored mass murder
------------------
David M. Bresnahan is an investigative journalist for WorldNetDaily.com

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