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The Danforth Report:


Reactions


Semantic Difficulties in Danforth Report on Waco
by Stuart A. Wright (Associate Director of Graduate Studies and
Professor of Sociology at Lamar University in Beaumont, Texas. He is
editor of Armageddon in Waco (University of Chicago Press, 1995) and
he testified in the 1995 Congressional hearings on Waco.)

Was anyone else confused by the inconsistencies between the Special
Counsel's conclusions and the substantive discussions of material in the
report on Waco? On Friday, July 21, Special Counsel John Danforth
absolved the government of wrongdoing and concluded that there was
no cover-up in the Waco disaster. A 152-page Interim Report was
issued to the press and can be downloaded over the internet (www.osc-
waco.org). Curiously, much of the report is spent discussing missing or
concealed evidence (audio tapes, FLIR tapes, expended pyrotechnic
projectiles, incriminating page from FBI evidentiary lab report), FBI
misstatements to the Attorney General, Congress and the public, the
failure of government prosecutors to turn over exculpatory evidence in
the 1994 Davidian criminal trial, withholding key evidence of incendiary
devices in the civil case by an FBI attorney, the ailure by officials who
authored the Justice report to discover and document use of pyrotechnic
devices, and various other instances of miscommunication, negligence
and vital omissions.

No cover-up? The authoritative Webster's New Universal Unabridged
Dictionary defines cover-up as "something used for hiding one's real
activities, intentions, etc.." The report even chides government personnel
for "non-disclosure," suggesting that these individuals might have sought
to conceal information for fear of "personal or professional ruin." How
does the Office of Special Counsel (OSC) define "cover-up?"

The answer lies on p.44 of the report. It states: "Whether or not there
was a cover-up is in many respects dependent upon nuances in
terminology."
Nuances in terminology? A central issue in the Danforth investigation
has been the use of incendiary devices by the FBI during the April 19 CS
insertion. For six years, the FBI denied using incendiary devices that
might have started the fire that killed 74 Davidians. These denials were
relayed to the Attorney General immediately after the tragic
conflagration.
Indeed, the AG asked for and received assurances that no incendiary
devices would be used prior to the April 19 assault as a condition of her
approval for the gassing plan. These denials were repeated in the 1994
criminal trial of the Davidians in San Antonio, as prosecutors failed to
disclose evidence of pyrotechnic rounds in their Brady v. Maryland
submission to defense attorneys . They were repeated in the 1995
Congressional hearings to members of the subcommittees who
specifically requested "a listing of all pyrotechnic and incendiary
devices" used at the Davidian complex. And finally, they were repeated
in responses to requests for FBI documents in the civil case.For the
semantically challenged, the report explains that there is an important,
though subtle, difference between "pyrotechnic" and "incendiary"
devices. The purpose of an incendiary device, we learn, is designed to
cause a fire. Technically, therefore, a pyrotechnic tear gas round is not
incendiary, presumably because a pyrotechnic round may cause a
fire but is not intended to do so. Incredibly, the Danforth report
concludes that the FBI (mis)statements to the AG, the Justice
Department, to Congress and the American public that "they never used
any incendiary devices" were "technically true," excluding, of course,
the failure to disclose to Congressional subcommittees who asked for a
list of both pyrotechnic and incendiary devices. In the latter case, the
federal prosecutor, Ray Jahn,admitted to making a false statement,
claiming he was merely "negligent. "Further complicating matters was
that different terms were used for pyrotechnics rounds by different
personnel. Pyrotechnic rounds were variously referred to as "military
rounds," "bubbleheads," and "cupcake rounds." Who could know that
these terms all referred to pyrotechnic devices in the absence of a
government linguist or translator?
Another complication, we are told, was that HRT commander Dick
Rogers, who authorized the use of pyrotechnic rounds, claimed that the
AG's prohibition against pyrotechnics applied only to its use at the living
quarters of the Davidians and not the concrete construction pit where
they were apparently fired. Never mind that Attorney General Reno
believes her exact words prohibited pyrotechnics at the compound,
"which...included the concrete construction pit." Apparently, Rogers did
not share this belief, "so there was no meeting of the minds." Rogers
also failed to correct false statements given to Congress by the FBI in
1993 and the Attorney General in 1995 even though "Rogers attended
the congressional hearings precisely to ensure that Congress was
provided with accurate information." The OSC downplayed the actions
as merely "a significant omission." FBI attorney Jacqueline Brown twice
failed to disclose key evidence of military rounds in the civil case
brought by the Davidians against the government. She also attempted to
conceal her actions to the OSC. "Brown repeatedly made inconsistent,
self-serving, misleading, and false statements to the Office of Special
Counsel," the report states. Her punishment? Barring additional
evidence, the OSC declined to pursue criminal prosecution. What
appears as nuanced terminology to the OSC may seem more like a
rather straightforward case of cover-up to government outsiders. The
Danforth team expends a lot of energy apologizing for government
misdeeds by attributing the problem to "semantic difficulties."

While the Special Counsel's findings that the government did not start
the fire at Mt. Carmel or shoot at sect members trying to escape are a
welcome relief, the correlative claim that no cover-up took place suffers
semantic difficulties of its own. A careful reading of the report, in
conjunction with other evidence, suggests that government officials in
the FBI and DOJ were fearful of disclosing the use of pyrotechnic
devices for obvious reasons.

Waco is a touchstone of antigovernment sentiment and a black mark on
federal law enforcement. While the government was cleared of these
specific charges, there are plenty of other things they did wrong at
Waco which neither the OSC investigation or the civil trial addressed.
Let's be honest.

The failure to disclose evidence, whether by intent, omission, or
negligence, was an exercise in damage control to preserve the already
beleaguered image of federal law enforcement. Or perhaps in some
cases, an effort to avoid "personal or professional ruin." The OSC should
takes its own advice; government has a responsibility to be open and
candid to the American people so as to restore confidence in public
officials.

 _______________________

 Counterpoint: Who should decide what
the public needs to know?

by Karen Foss ("St. Louis Post-Dispatch," August 26, 2000)

I am writing not as a representative of the news organization for which I
work, but rather as a concerned, individual journalist.I commend former
Sen. John Danforth for his service to our country, but I disagree with his
expectations of the news media as outlined in his Aug. 22 letter to the
editor.

His comments raised many questions for me. Danforth suggests that
the media have not learned the "lessons" of Waco, and he points to
follow-up reports on the tragic killing of police officer Robert Stanze as
evidence of an irresponsible media. Danforth asserts that news
organizations erred by reporting on a news conference called by the
family of the man charged with murdering the officer.

First of all, I object to Danforth's disdainful characterization of the
"curbside" news conference. As a reporter, I can testify that cosseting a
speaker in a wood-paneled conference room does not guarantee his
credibility.Second, I take exception to his broadbrush characterization of
the "media." In so doing, he perpetuates the myth that news
organizations act as a pack and conspire to inflame public opinion.

In reality, the competitive nature of daily news coverage -- and varying
concepts of what warrants attention -- will lead to differing degrees of
scrutiny paid to any event by various media outlets.But my greatest
concern is with his assertion that news organizations should not bestow
"public credence" by reporting on unofficial claims.

Danforth acknowledges that the Post-Dispatch report (and I would add
News Channel 5's reports as well) included not only the family's claims
of brutality, but also their lack of documentation, as well as denials of
abuse from the police and sheriff's department and the hospital.

In other words, the reports were textbook good journalism. They were
balanced and inclusive, giving the reader or viewer information from which
to draw conclusions. Many of whom, no doubt, came to the same
conclusions as Danforth.I would ask him to consider what would have
happened if the "media" had docilely accepted the official explanations
regarding the Watergate break-in? Would he have liked us to accept the
theory that Monica Lewinsky was a deluded young White House intern
with an overactive imagination? Would he accept the denials from New
York City police officers, later convicted, of a savage sexual assault on
suspect Abner Louima?

Finally, who would Danforth like to charge with the responsibility of
making those decisions about what the public needs to know? Surely
he would not have journalists pre-judge which claims are "sensational
but baseless."  Would he truly want us to limit the scope of public
discourse and report only the unchallenged official positions on
controversial issues? Danforth seems to regard open, inquiring media as
a "nuisance."

He shows little confidence in the abilities of the men and women of this
region to process conflicting accounts and arrive at sensible
conclusions.

Who better -- I would ask -- to draw those conclusions than an informed
citizenry, armed with all the information available, thanks to a
constitutionally guaranteed free press?

Karen Foss is a news anchor at KSDK, Channel 5.
---------------


--
Best wishes

   Woolybooger for the day:
If the personal freedoms guaranteed by the Constitution inhibit the
government's ability to govern the people, we should look to limit
those guarantees. - President Bill Clinton, August 12, 1993

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