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Subject: SNET: Some Actions At Waco Were Not Authorized, Reno Testifies
Date: Monday, April 10, 2000 3:23 PM

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Some Actions At Waco Were Not Authorized, Reno Testifies
Attorney General Questioned In Wrongful-Death Lawsuit
By David A. Vise
Washington Post Staff Writer
Thursday, April 6, 2000; Page A15

Attorney General Janet Reno acknowledged in a videotaped deposition last week
that FBI agents operating near Waco, Tex., lacked authority to use
potentially flammable tear gas devices or to demolish the Branch Davidian
compound that went up in flames in April 1993, leaving 75 people dead.

Reno recently said the deaths at Waco remain the most tragic and painful
event in her lengthy tenure. Now, in her first sworn civil testimony as
attorney general, Reno has indicated that the armored vehicles equipped with
battering rams at Waco were attempting to puncture holes in the Davidian
compound, rather than trying to destroy it. But she also made clear she was
not consulted on independent actions taken by FBI agents that eventually led
to the destruction of the compound's gymnasium and other portions of the
building.

"I would like them to have communicated it if they had in fact made such a
decision," Reno said in the deposition. "I would have preferred that they
discuss it with us, but the fact is, they didn't, and the fact that I have
concluded is that they didn't--from everything that I have learned, they did
not intend to demolish the compound at that point."

Reno also acknowledged that no emergency conditions existed that would have
permitted demolition of the building or the use of flammable devices at the
discretion of FBI agents without her approval or that of senior FBI officials
in Washington.

The 107-page deposition was filed along with a motion from the Justice
Department to dismiss claims made by plaintiffs in a wrongful-death lawsuit
in Texas stemming from the Waco deaths, which have hampered Reno since her
first months in office. The transcript is filled with both humorous and
charged exchanges between plaintiffs' attorney Michael Caddell and Reno over
the rules of engagement at Waco as he attempted to pin her down on critical
issues and she deftly dodged his queries or answered them in a way that he
found incomplete.

"It was Clintonesque," Caddell said of Reno's testimony. "The nice thing for
us is we will have a judge or a jury make a decision, and we will get a
decision that will expose the attorney general for what she is: a political
animal trying to hold on to a job past her time and trying to excuse the
biggest debacle of her tenure.

"I had higher expectations of the attorney general of the United States,"
Caddell continued. "I expected her to be more candid and was disappointed at
her unwillingness to answer a simple question in a direct manner. I found her
to be evasive."

Justice Department officials said last night that Reno answered the questions
directly and clearly.

"We believe the transcript demonstrates that the attorney general was honest
and forthright and that her statements were consistent with her prior
testimony," said Justice Department spokesman Myron Marlin.

Caddell said yesterday that he showed Reno documents she had never seen
before showing that FBI agents were attempting to destroy the back side of
the Davidian compound. He said that Reno, who went to deliver a speech in
Baltimore while the raid was taking place, was ill-informed about what
occurred and failed to conduct an exhaustive investigation in the aftermath.

"She went before Congress and she defended the actions that took place on the
back of the building without having done an adequate investigation," Caddell
said. "She is now in a 'See no evil, hear no evil, speak no evil' position."

Reno said in her deposition that FBI agents in charge at the Davidian site,
including Jeff Jamar and Richard Rogers, were given some discretion to make
independent decisions because they were faced with constantly changing
conditions that could not accurately be assessed from Washington.

"When you undertake something like this," Reno said, "with the danger
involved and the number of people and the number of children, it's very
complex. There could be circumstances where the demolition of the building is
necessary to protect human life. . . . And they have got to make
instantaneous judgments there on the scene that I cannot advise of. Those are
the circumstances that we have got to look at."

At one point in the deposition, Caddell grew so frustrated with Reno's
responses that he asked in desperation, "You're a, you grew up in America,
correct, you have used the English language all your life?"

Earlier, Reno said there were limitations in her knowledge of the weapons
used at Waco.

"I don't know anything about driving tanks," Reno said. "I do know that if I
were going to destroy a building, I'd start on the outside first rather than
driving into it and driving into danger. But that's just--I certainly
couldn't have destroyed the Kingdome as effectively as they did."


© Copyright 2000 The Washington Post Company




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