-Caveat Lector-

http://www.dallasnews.com/texas_southwest/195739_waco_20tex.ART.html

Dallas Morning News
10/20/2000

Panel Faults Reno, Clinton on Waco

Justice Disputes Public Was Misled

By Lee Hancock and Michelle Mittelstadt / The Dallas Morning News

A congressional report released Thursday alleges that President
Clinton and Attorney General Janet Reno misled the public for
years with claims that military experts endorsed the "flawed" FBI
tear-gas attack that ended the Branch Davidian siege.

Waco Reports: • Committee on Government Reform report on Waco
http://www.dallasnews.com/texas_southwest/wacoreport1.pdf • Draft
minority report by Democrats on the committee
http://www.house.gov/waxman/pdf/wacorptviews.pdf (Requires Adobe
Acrobat Reader)

"President Clinton and Attorney General Reno have deceived the
American people for over seven years by misrepresenting that the
military endorsed, sanctioned or otherwise approvingly evaluated
the plan," stated the report by the Republican-led House
Government Reform Committee.

The report also vigorously criticizes the Justice Department's
response in the aftermath of the tragedy, contending that the
agency's actions "were consistent with an organization that was
not eager to learn the full truth about what happened on April
19, 1993."

Justice Department officials took issue with the report's main
thrusts: That Ms. Reno misled the American people about whether
the military had approved the FBI tear-gas plan and that she was
less than vigorous in ordering an internal investigation of the
Waco tragedy or rushed it for political reasons.

"We wish it would have reflected a more balanced and objective
view of the facts," said Justice Department spokesman Myron
Marlin.

An opposing report by the committee's Democratic minority also
disputed the Republican majority's criticism of Ms. Reno.
Committee Democrats contended that the attorney general acted
properly during and after the siege and said the committee had
wasted more than a year of investigative resources on the Waco
tragedy.

Democrats said that the committee's findings duplicate earlier
investigations or were unsupported.

Both reports cap a yearlong investigation by the same committee
that conducted highly partisan hearings in 1995 on the Waco
tragedy.

Inquiry reopened

The committee reopened its inquiry in September 1999 after FBI
and Justice officials were forced to reverse years of public
denials and acknowledge that military pyrotechnic tear-gas
grenades had been used at the end of the siege.

That admission and a federal prosecutor's warnings to the
attorney general of a possible cover-up of the use of pyrotechnic
tear gas prompted Ms. Reno to appoint Waco special prosecutor
John C. Danforth.

Mr. Danforth issued a preliminary report in July exonerating the
government of "bad acts" and clearing Ms. Reno of wrongdoing.

About 80 Branch Davidians died April 19, 1993, when their
compound burned. The fire broke out about six hours after FBI
agents began ramming the building with tanks and spraying in tear
gas to force an end to a 51-day standoff.

The siege began when a gunfight broke out as federal Bureau of
Alcohol, Tobacco and Firearms agents tried to search the Davidian
complex and arrest leader David Koresh on weapons charges. Four
ATF agents and six Branch Davidians died.

The committee inquiry that led to Thursday's report began with
intense partisan sniping. Ranking minority member Henry Waxman,
D-Calif., chastised chairman Dan Burton, R-Ind., in September
1999 after the chairman accused Justice Department officials of
withholding from Congress parts of an FBI report that identified
one tear gas round used at Waco as a military device. Mr.
Waxman's staff discovered last fall that several copies of the
report, including the reference to the military rounds, were
given to the committee before its 1995 hearings.

Probe called flawed

On Thursday, Democrats renewed their criticism, charging that the
committee's investigation was flawed because of its beginnings
with that "false accusation."

But the committee's majority noted that those documents were
"dumped" on the committee three days before the start of the 1995
hearings "in an apparent hope that ... no one would have the
opportunity to find these documents and ask relevant questions."

"Justice Department officials were more concerned in 1995 with
their own political self- preservation than their duty of full
disclosure to the American people and the Congress," the report
charges.

The report includes accounts from an Army general and colonel of
how they refused Ms. Reno's request to evaluate an FBI plan to
assault the Davidian compound when FBI officials were seeking her
approval for the final tear-gas operation. The two special forces
officers, who were never interviewed by Justice officials
assigned to review government actions in Waco, said they told Ms.
Reno that federal "posse comitatus" limits on military
involvement in domestic law enforcement actions prohibited them
from offering any critique of the plan to end the siege.

'Is this legal?'

At one point in discussing the operation plan, then Deputy
Attorney General Webster Hubbell asked one of the officers, "Is
this legal?" the report states. "The Army colonel did not answer
when Hubbell looked at him, but stated during his interview with
committee staff that his private thought at the time was, 'That's
your job, not mine.'"

The report adds that both officers told congressional
investigators that they were stunned when they later learned that
the plan had been allowed to go forward.

"They were convinced the FBI would never execute the proposed
operations plan," the report states. "The Army Colonel stated he
believed the Attorney General 'didn't buy the plan being proposed
by the FBI.' ... His impression from the meeting was that no one
thought it was a smart way to proceed. He went on to state that
he was astonished when he saw the fire on TV on April 19, 1993.

"General [Peter] Schoomacher ... thought at the time of the
meeting with Attorney General Reno was that HRT [Hostage Rescue
Team] should have put a fence around the compound and waited
until the Branch Davidians came out from hunger, but he did not
state this thought openly."

Ms. Reno later told Congress that the officers had told her the
FBI's plan was "excellent," and President Clinton told reporters
that he was told the military officers "were in basic agreement"
with the FBI's plan.

On Thursday, one Justice official who spoke on condition of
anonymity disputed as "fundamentally incorrect" the charges that
the officers' views were misrepresented or that they were
improperly asked for input.

Democrats contend that the officers' statements were
misinterpreted and added that Ms. Reno's account of the meeting
was supported by three other Justice officials.

"The majority grossly exaggerates the significance of what is
largely a difference in semantics and subjective impressions,"
the Democrats' report states.

While the committee report diverges from the Danforth report with
its intense criticism of the attorney general, its conclusions
mirror several key findings of the special counsel.

Like Mr. Danforth and a federal court in Waco that recently threw
out a wrongful-death lawsuit filed by surviving Davidians, the
congressional committee found no evidence that government agents
fired at the sect at the end of the siege.

But the report notes, "It is extremely unlikely that anyone will
ever be able to prove, scientifically, that no government agent
ever fired a shot at the Davidians on April 19, 1993."


Lawyers criticized

The report criticizes Justice Department lawyers who prosecuted
Davidians after the siege, contending that lead prosecutors Ray
and LeRoy Jahn of San Antonio and former prosecutor Bill Johnston
of Waco were told in 1993 that the FBI had used pyrotechnic tear
gas.

Ray Jahn told Congress in 1995 that only nonpyrotechnic gas was
used in Waco, and his wife, LeRoy, signed pleadings during the
criminal case that offered similar statements. Records made
public last fall included Mrs. Jahn's 1993 notes referring to the
FBI's use of military, pyrotechnic rounds.

The congressional report notes that recent admissions about the
use of pyrotechnic gas were largely due to Mr. Johnston's public
warnings to Ms. Reno of a possible cover-up.

But it noted that Mr. Johnston withheld personal notes from the
committee that show he was told in the fall of 1993 that "incind"
or incendiary military gas rounds were fired at a bunker near the
compound.

"While Johnston deserves credit for his role in bringing to light
the use of pyrotechnic devices on April 19, 1993, a secret that
lasted for seven years, his record in this matter is a mixed
one," the report states. "Johnston performed a public service for
which he suffered undeserved reprisals from the Department of
Justice. On the other hand, Johnston's apparent decision to
withhold his handwritten notes ... cannot be overlooked or
excused."

A lawyer for the former prosecutor has said that the Waco special
counsel has threatened to prosecute Mr. Johnston for withholding
the notes. The lawyer has said that Mr. Danforth's office tried
to convince Mr. Johnston to plead guilty and testify against the
Jahns. Mr. Johnston has refused.

Neither Mr. Johnston's lawyer nor the Jahns' attorney could be
reached Thursday.

Among other findings of the report:

• The committee disagreed with a recent court ruling that the FBI
did not deviate improperly from a Washington-approved plan. "The
plan, as executed, was more aggressive and destructive than the
plan that was approved, and resembled closely earlier plans which
had not been approved," the report contends.

• Ms. Reno failed to explain why she approved the plan after
initially rejecting it – a charge that Democrats and Justice
officials dispute.

• Ms. Reno promised a comprehensive review, but her department's
investigation "was negligent and was improperly rushed to its
conclusion solely for political purposes." Democrats and Justice
officials also dispute that.

• Department of Defense officials did not conduct an after-action
report to account for assistance that state National Guard units
and federal military personnel provided to law enforcement
agencies during the incident. This contributed to the failure of
both the military and the FBI to account for 250 high-explosive
rounds that records indicate were distributed to FBI personnel
from Fort Hood during the siege.

The report recommends an annual accounting to Congress of all
military support of domestic law enforcement as well as
notification of Congressional leaders whenever U.S. special
forces units are asked to provide equipment, support personnel or
advice for law enforcement operations.

(c) 2000 The Dallas Morning News

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