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Member, Committee for Waco Justice
Author, "The Davidian Massacre"
CONGRESS INVESTIGATING ABUSE OF DAVIDIAN PRISONERS
The good news is that Representative Bill McCollum's Judiciary Committee Crime subcommittee is investigating the verbal, administrative and even physical abuse of Davidians Livingstone Fagan, Brad Branch and Kevin Whitecliff. Brad Branch called and said they have requested he release all his files to them and want to speak to him by phone. A secretary at the subcommittee office confirmed an investigation was ongoing. However, it is still important to write regarding these abuses, if you have not, and especially further physical abuse of Livingstone Fagan, as described below.
Branch revealed that when he and Whitecliff were at Three Rivers Penitentiary the staff had bought copies of the anti-Davidian television movie "In the Line of Duty: Ambush at Waco" and of an absurd Mexican television Spanish language version which falsely shows the Davidians engaged in all sorts of depravity and violence. They played these over and over again for the staff and other prisoners. This only encouraged them to display hostility towards Branch and Whitecliff during their stay there. Branch likes to remind people that the film's screenwriter, Phil Pennigroth, later learned the truth about Waco and wrote an apology letter, explaining how ATF had lied to him. Please email me if you would like a list of the Davidian prisoners' addresses.
MORE RETRIBUTION FROM GUARDS AGAINST LIVINGSTONE FAGAN
Below is the letter I sent on January 9, 1998 to Representative McCollum
about more retribution by guards against Livingstone Fagan for complaining
about abuses of himself and other prisons in the special housing units
at USP Leavenworth. I am hopeful his getting the letter out at all
reflects that the guards, having found out about the investigation, have
ceased the abuses Fagan describes. Following my letter are some quotations
from Fagan's letter to me.
* * *
Dear Representative McCollum:
I am enclosing a letter from Livingstone Fagan written December 23, 1997
and mailed January 6, regarding further physical abuse by guards which
occurred in November and December. I am grateful that your committee
is investigating, but believe you must take active and immediate efforts
to ensure that these guards do not find a way to kill Mr. Fagan that they
can then blame on Mr. Fagan. In summary, Mr. Fagan's letter alleges:
* On November 22 seven officers and a Lieutenant verbally intimidated and humiliated him. They then ripped off all his clothes but his boxers, threw him in a freezing cell with a wet and filthy mattress, without sheet or blanket, all night and much of the next day. He describes his chills and shivers and it is amazing he hasn't caught pneumonia!
* On November 27–Thanksgiving–a group of officers brought a fire hose into his cell where he was sleeping and turned it on him, flooding the cell, his clothes, blanket and matters. They then got an industrial fan and turned it on him full blast. When he repeatedly complained to the "duty" she acted as if he was responsible for flooding the cell–probably what she was told by the guards who perpetrated the act. The guards replaced his wet items with dry ones just in time for the warden's inspection, which shows how clever they are in "faking out" Warden Booker.
* Inmate orderlies have been told to deny him writing materials, as well as toilet paper, toothbrush and powder. One orderly who gave him writing materials was reprimanded and intimidated and the materials were confiscated.
* December 13 Fagan was dragged to the Lieutenant's office. He refused to look at a report handed to him and tried to explain why. In doing so, he mentioned "Waco". The Lieutenant then struck him above the left eye, ripping his skin; grabbed him around the neck, pulling off the skin; and choked him while he pushed him the floor. Several officers proceeded to kick him as he was gasping for air. (It should be noted Mr. Fagan is a very small and lightweight man, a temptation for bullies.)
* A few days later Fagan was informed the psychologist wanted to see him. He declined but the guard kept insisting, so for "peace sake" he went. He still had the cuts and bruises during his visit. The guards obviously are trying to discredit Fagan's complaints by claiming he is "crazy."
* A few days later one of the prisoners who had been involved with the "affidavit" (evidently, the one written by several prisoners Fagan claims was confiscated previously by guards) was placed in a cell next to Fagan. He had been beaten by guards and had internal bleeding and was in great stress. He subsequently had two epileptic seizures.
Fagan writes: "Throughout these ordeals I have on no occasion been abusive, verbally or otherwise to any officer or prisoner."
I am very worried that when these guards are not losing their cool and beating Mr. Fagan, they are trying to give him pneumonia with these tactics. And you can be sure they would let him die of it before they would take him to the infirmary!
I will sent copies of this letter to Warden Booker and Ms. Hawk hoping that this will spur them to immediately end the abuses perpetrated by their very clever, manipulative, dishonest and brutal employees–employees who obviously have been very successful so far in pulling the wool over their employers' eyes!
Thank you for you attention to this matter.
(End Moore letter)
Fagan also writes in his letter: "The past several weeks since November 22 I've been effectively under siege, as you will discern from the following. I have finally acquired the materials to write you this letter. I can only hope it will reach you...
(Re: illegality of guards refusing to send his letters to the Jamaican Embassy) This is evidence of the level of disregard they have for the rights of prisoners. And not just when it comes to covering up their misdeeds. You also noted there being activists who think the federal prison system to be a model of what prisons should be. I wonder whether they've ever done time in them....(description of events above)
...Fear is a cruel taskmaster. When placed in the hand of the undiscerning and unmerciful it is a most venomous tool of oppression. It is not however unconquerable. The victory is found in faith. Speaking from a position of faith, the Psalmist states, ". . .Though I walk through the valley of the shadow of death I will fear no evil. . ." I reaffirm my hope to see you in the Kingdom of God. In memory of Waco....
(end Fagan letter)
Write those below to protest these abuses and encourage a thorough Congressional investigation.
Warden J.W. Booker, Jr.
Leavenworth, KS 66048
Rep. Bill McCollum, Chair
House Judiciary Committee
207 Cannon House Office Building
Washington, DC 20515
Fax: (202) 225-3737
FOR IMMEDIATE RELEASE
Contact: Carol Moore 202-635-3739
Alan Forschler 202-797-9877
Washington, D.C.–Members of the Committee for Waco Justice will demonstrate
on Tuesday, January 27th at the Bureau of Prisons and the U.S. Congress,
calling for the impeachment of Waco co-conspirator President Bill Clinton
and for the end to the ongoing physical abuse by guards of Branch Davidian
Livingstone Fagan at U.S.P. Leavenworth.
Demonstrators will gather at 12:00 p.m. at Bureau of Prisons Headquarters, 320 1st Street, NW, at C Street. We will be available for comments to the press at 12:30 p.m. and then will march to Independence and New Jersey Avenues to demonstrate and leaflet Congressional members. January 27th is both the first day of the 1998 session and the day President Clinton is scheduled to give his State of the Union address.
President Clinton and his underlings in the Justice Department and FBI have systematically covered up the 1993 BATF and FBI agent crimes of negligent and intentional homicide of 82 Branch Davidians, destruction of evidence and obstruction of justice. Clinton's attitude is typified by his brutal comment April 20, 1993: "I was, frankly, ‘surprised,' would be a mild word to say, that anyone would suggest that the Attorney General should resign because some religious fanatics murdered themselves."
However, millions of Americans are not surprised that the President would encourage a White House intern to lie under oath. Clinton should be impeached, prosecuted, tried--and hopefully convicted and imprisoned--for obstruction of justice, starting with the cover-up of the Davidian massacre.
President Clinton's callous attitude is reflected in the ongoing physical abuse by guards of Branch Davidian prisoner Livingstone Fagan. Fagan has been incarcerated in Leavenworth's special housing unit for two years because he is "non-cooperating" with the system by refusing to work. A Jamaican citizen and long-time British resident, Mr. Fagan was a social worker and masters in theology who lost his wife and mother in the April 19, 1993 fire at Mount Carmel.
In the last three months Fagan has written the Committee about psychological, administrative and physical abuse of himself and other prisoners. Our complaints in November, 1997 and a letter writing campaign promoted over the Internet have resulted in Representative Bill McCollum's Judiciary Crime Subcommittee looking into Fagan's allegations that:
* several times a week guards "shakedown" prisoners and take all their belongings, toiletries, mail and stamps.
* guards goad prisoners to provide an excuse to beat them and then lie about it in their incident reports; one prisoner suffered broken ribs and internal injuries that later led to epileptic fits.
* Fagan has been assaulted when he did not move quickly enough in obedience to orders and was falsely accused of "slipping his cuffs." (Fagan, a small, lightweight man, is a temptation for bullies.)
* Guards confiscated an affidavit of complaint several prisoners were writing and have refused to give suspected complainants postage or writing materials.
* On November 22, 1997, seven officers and a Lieutenant verbally intimidated Fagan, ripped off his clothes and threw him in a freezing cell with a wet, filthy mattress and no sheet or blanket.
* On November 27–Thanksgiving–a group of officers turned a fire hose on him in his cell, soaking everything, then turned an industrial fan on him full blast. It is possible the guards are trying to give him pneumonia, and then kill him by refusing medical treatment.
* Guards replaced his wet items with dry ones just in time for Warden J.W. Booker, Jr.'s inspection. Guards evidently reported that Fagan had caused the damage himself and demanded he see a psychologist.
* Inmate orderlies have been told to deny Fagan writing materials, as well as toilet paper, toothbrush and powder. One orderly who gave him writing materials was reprimanded and intimidated and the materials were confiscated.
* On December 13 Fagan was dragged to the Lieutenant's office. The officer struck Fagan above the left eye, ripping his skin; grabbed him around the neck, pulling off the skin; and choked him while he pushed him the floor. Several officers proceeded to kick him as he gasped for air.
Senator Hatch's Judiciary committee will be holding hearings on the 1995 death of inmate Kevin Trentadue in a federal transfer facility, a death labeled a suicide, but which evidence suggests was murder by guards. We ask that the Senate Judiciary Committee call Livingstone Fagan as a witness to the kind of brutality still practiced by guards on prisoners in federal facilities. The precedent for such testimony is Davidian prisoner Graeme Craddock's testimony at the October, 1995 Senate Judiciary hearings on Waco.
The Committee for Waco Justice urges Independent Counsel Kenneth Starr to extend any inquiry into President Clinton's patterns of obstruction of justice to Clinton's actions to obstruct justice in the various Waco investigations. We urge Congress to re-open Waco inquiries and interrogate separately every relevant BATF, FBI and Justice Department agent, administrator, attorney and official about cover-ups of federal agents' crimes. Such evidence should be used to support their efforts to impeach President Clinton. Finally, we ask that after Clinton's impeachment, President Gore pardon all seven Davidian prisoners.
WACO UPDATE–JANUARY 29, 1998
Member, Committee for Waco Justice
Author, The Davidian Massacre
GOOD NEWS FROM LIVINGSTONE FAGAN
Yesterday I received a letter from Davidian prisoner Livingstone Fagan reporting things have improved greatly for him at the Special Housing Unit at USP Leavenworth. (During November and December 1997 Leavenworth guards repeatedly beat him and locked him half naked in freezing cells. They even hosed him down and turned an industrial fan on him after he complained to outsiders about abuse of inmates in that unit.
Fagan writes: "My thoughts have been of you, and of the people who have taken the time and effort to write me. . .You might be interested to know that 1/6/98 was the date I had an interview with an official from the office of internal affairs. A development arising from the efforts of those good people mentioned above.
"I think the way is now clear for my resuming writing. I have a lot of letters to catch up on. Unfortunately, some of these were confiscated along with other personal effects."
On Fagan's refusal to release his Bureau of Prison (B.O.P.) records to me, and at least one Senator who wrote on behalf of a constituent, Fagan writes: "Past experience has taught me that these people (B.O.P. administrators) are not interested in the truth of what's going on. Giving your consent for them to act on your behalf amounts to a public relations exercise in the interest of the B.O.P. I was not content with having this dealt with administratively, rather ‘on the ground.' Where the reality is. Perhaps the most substantial development has been that of the interview with an official from the office of internal affairs. The effects have been noticeable, at least with respect to the harassment."
Fagan also notes: "You also expressed concern about people thinking these things are made up. I can understand the desire to think that. It relieves one of his/her responsibility to do anything about it. I'm reminded of a comic strip you once sent me of two prisoners chained to a wall in their boxers. The caption was, "It's no use complaining. They'll only think you're trying to get something for free." It was for me (having experienced the reality) an indictment against the ignorance and resulting insensibility of public perception. Or at least the perception created by the Media. There's a large class of Americans who seem to take comfort in denying (by making light of) the realities of what is going on. This is a tragedy, considering it is in their power to fix it..."
So thanks again to all of those of you who took time to write Warden Booker,
BOP Director Kathleen Hawk, Representative McCollum, etc. Sometimes
letter writing works!
I don't know if letter writing campaign to the Supreme Court would help the Davidian appeals. But we should note than in mid-January court proceedings regarding an Oregon SWAT team's no-knock search, Justice Sandra Day O'Connor said: "We all have in mind what happened at Waco. We think we have some concerns here."
Hopefully, the whole court will have more than mere "concerns" when they hear the Branch Davidians' appeals sometime in the next year or so. Will they rule that trial Judge Walter J. Smith should have allowed the jury to consider "self-defense" in the aiding and abetting manslaughter charge? Will they rule that Davidians should not have been found guilty of carrying a gun during the murder of federal agents–when they were found *innocent* of those murders? Will they rule that the jury, not the judge, should have been responsible for finding them innocent or guilty of carrying illegal weapons? Will they rule that there is insufficient evidence against any of the Davidians? Will they demand the Davidians be re-tried by a fair and impartial judge–or even that they should be freed immediately? Seven Davidians still imprisoned have received a total sentence of 235 years. Will the Supreme Court reverse this grave injustice? Can we convince them to do so?
For more information about the Branch Davidian prisoners go to: http://www.carolmoore.net/waco-prisoners.html
REPORT ON JANUARY 27TH COMMITTEE DEMONSTRATIONS
On Tuesday, January 27th eight members of the Committee for Waco Justice demonstrated as planned at the Bureau of Prisons Headquarters and the U.S. Congress. January 27th was both the first day of the 1998 session and the day President Clinton gave his State of the Union address.
Before those demonstrations five of us went to the nearby U.S. Court House where dozens of reporters and cameramen were reporting on the Grand Jury looking into charges that President Clinton lied under oath and encouraged Monica Lewinsky to do so. We figured we'd remind the press that Clinton's obstruction of justice in the Waco massacre is a lot more important than the current "crisis."
Like many, I believe it will be at least some measure of justice if it is proved Clinton urged a woman to lie to protect him from losing a civil suit for sexual harassment and he is forced to resign. Also, his fall may allow new evidence of his crimes against the Branch Davidians finally to become public. For evidence of Clinton's obstruction of Justice at Waco go to: http://www.carolmoore.net/waco-clinton-impeach.html
We carried our signs, "Clinton Obstructed Justice at Waco", "Impeach the Liar", "Free the Branch Davidians", and "Impeach Clinton for Waco Massacre" and chanted the last three slogans. A number of television crews filmed and interviewed us and the footage may show up somewhere someday. One sarcastic reporter started asking one member about the "conspiracy to kill Diana in the tunnel." We set him straight about the seriousness of the government's unpunished massacre of civilians at Waco–and reminded him it may have driven at least on individual to kill another 168 people in Oklahoma City; he immediately skulked away.
Eight of us then protested at Bureau of Prisons while dozens of police officers, guards and employees–and a poorly concealed video camera–watched us. The whole block heard our chants–also printed on signs–"Warden Booker Control Your Guards – Stop Beating Fagan", "BOP Stop Abusing Fagan," "Free the Branch Davidians." We took lots of pictures, so we'll have them to send to present and future wardens of any prison that starts mistreating Davidian prisoners. Just to remind them we are ready to make a fuss to protect the prisoners.
To see some of the photographs, go to: http://www.carolmoore.net/impeach-demo-photos.html
Finally, we spent another hour or so outside Congress, distributing our Impeach Clinton-Free the Davidians press release–to predictably mixed reactions. One Republican operative boasted to some Democratic big shots he ran into that he had "hired" us. Lyndon LaRouche followers were also distributing their literature–claiming that Linda Tripp was a George Bush operative trying to discredit Clinton the Great (with the help of the Queen of England, of course). When a Democrat later accused us of being LaRouchies, we set him straight: "LaRouche is Clinton's biggest supporter!"
Since we got there after the Congressmen had already gone into Congress for the opening ceremonies (reminder, get there at 11:30 a.m. next time) we only ran into to a few actual members. However, we did see Texas Congressman Ron Paul, a very vocal critic of the government's actions at Waco, across the street and chanted a few "Waco, Never Again" just for him.
Some people may scoff that these demos accomplish little. But, like the butterfly that starts a hurricane, small efforts can have large effects. A few guilt trips levied at reporters, Bureau of Prison employees and congressional aides and members may yet reap rewards. Maybe one of them will even notice that we presented concrete evidence Clinton obstructed justice at Waco and do something about it!!
TELL CLINTON TO FREE THE BRANCH DAVIDIANS
Thinking that President Clinton might be resigning any day now, I sent him the following e-mail: "You know what the truth is and you know you will be forced to resign. If you do believe in God, think about your moral soul and think about the 82 misguided but sincere Davidians who died at Waco. (Note: I confess, I pandered to him. I guess just writing to that man corrupts one!) Then think of the seven remaining Davidian prisoners and Pardon Them! Let this act of mercy be the defining moment of your Presidency!!!
Renos Avraam, #60590-080
Brad Branch, #60536-080
Graeme Craddock #60593-080
Jaime Castillo, #60594-080
Livingstone Fagan, #60550-080
Paul Fatta, #61154-079
Kevin Whitecliff, #60537-080
(And while you are at it, Free Leonard Peltier, as well!!)
It can't hurt for people to e-mail Clinton at <email@example.com> and/or call him on the White House comment line 202-456-1111 asking him to pardon the Davidians. As he goes through the crisis of having to recognize his own failings, if not his crimes, perhaps he will look for some symbolic redemptive acts before the inevitable resignation or impeachment. (Assuming he doesn't just go nuts and push the red button.) Let's suggest that freeing the Davidians be one of those acts!
COMMITTEE SEEKS FUNDS FOR FEBRUARY 28 AND APRIL
We thank all those who have helped us in the past, even as we ask for a bit more help in 1998. The Committee for Waco Justice has a $100 debt it would like to pay off. Plus we would like to place at least a $200 advertisement in the Washington Times on each of these two upcoming Fifth Year anniversaries of the massacres. (And that will buy just a three inch by two inch advertisement.)
We may have some unexpected expenses for our April 19th memorial on the Ellipse, south of the (Gore?) White House. Plus we would appreciate contributions to help pay for postage and xeroxing for materials we frequently send to the Davidian survivors and prisoners, as well as to pay for collect phone calls from some of the prisoners.
The Committee for Waco Justice's budget is less than $1,500 a year, so we do not have a bank account. DELETED CONTRIBUTION INFO.
In the alternative, you might want to help the Branch Davidian survivors get ready for their April 19, 1998 memorial at Mount Carmel outside Waco. Also, if things go well at their next court hearing, February 23rd, they may finally get official recognition of their ownership of the Mount Carmel property, which will insure the Sheriff evicts the aggressive squatters who have been there since shortly after the fire and have threatened them with weapons. Almost a dozen Davidian survivors are interested in re-occupying Mount Carmel and beginning to turn it into a fitting memorial.
Send checks to: Mount Carmel Survivors Memorial Fund, Inc., Box 120, Axtell, TX 76624. Also write for their price list of books, videos and audiotapes about David Koresh and the destruction of their community.
Washington, D.C.–Members of the Committee for Waco Justice will demonstrate
on Friday, February 27th at noon at the Washington Post, 15th and L Street,
and at 12:45 p.m. at the Bureau of Alcohol, Tobacco and Firearms headquarters,
650 Massachusetts Avenue. Saturday, February 28th is the fifth anniversary
of the day 76 heavily armed agents of the Bureau of Alcohol, Tobacco and
Firearms headquarters made a military-style assault on 135 people–mostly
women, children and the elderly–living at the Branch Davidian church outside
Waco, Texas, killing six civilians.
We will be protesting the Washington Post's failure to cover the ample eyewitness testimony (14 or more Davidians and two attorneys), as well as forensic, video and audio evidence, that BATF agents illegally shooting from helicopters killed four Davidians on February 28. We also will be protesting the Post's hypocrisy in acting like it is fairly covering current sexual-related charges against Clinton, when it has ignored ample evidence of his involvement in, and obstruction of justice related to, the mass murder of civilians by federal agents at Waco. Members of the Committee believe that if the press and media allows federal agents to get away with these murders, it becomes co-conspirator to future mass murders of civilians in the United States.
One media exception is the film "Waco: The Rules of Engagement", which covers these and many other issues ignored by the press. It has earned an Academy Award nomination for best documentary.
BATF conducted the raid despite David Koresh's invitation six months before to inspect his weapons immediately . On February 28, agents rushing the front door shot David Koresh as he tried to talk to and cooperate with them. They also mortally wounded his father-in-law standing behind him. Helicopter gunfire killed four Davidians, only one of whom may have been shooting in self-defense. BATF ambushed a Davidian trying to return to Mount Carmel and then "finished him off" with shots to the head. The FBI forbid Texas Rangers to investigate until rain had destroyed evidence.
"Friend of Bill" Little Rock BATF chief Bill Buford, helped plan the raid. Deputy Treasury Secretary Roger Altman met with the wounded Buford the day after the raid. The press must investigate whether Buford had information about Clinton's many Arkansas sexual liaisons which influenced Clinton to allow the FBI to engage in their 51 day sabotage of negotiations with the Davidians. Davidians often expressed fear BATF and FBI would destroy forensic evidence that agents had killed Davidians. FBI agents then lied to Attorney General Janet Reno to convince her to approve their gas and tank attack. The attack destroyed the building and evidence of BATF agents' crimes and killed 76 Davidians.
For evidence President Clinton obstructed justice on the Waco Massacre click here.
For evidence that BATF agents shot from helicopters and killed four Davidians click here.
APRIL 19th IN WACO
Mount Carmel Survivors Fifth Annual Memorial Service for the 76 who died April 19th, 1993, as well as
the 6 who died on February 28, 1993 will be held at Mount Carmel Sunday April 19, starting at 9:00 a.m.
The good news is that the “squatters” who have occupied Mount Carmel and used threats of force to keep
the Mount Carmel survivors from living there finally have given up control. Clive Doyle and other survivors are
now building a museum and making accurate information about the government’s crime against the Davidians,
including the seven prisoners still serving long sentences in federal captivity. However, they still need all the
help they can get in the form of money, supplies and labor to help them clean up the ravaged property and make
it a liveable community again. Write (or send checks to) Mount Carmel Survivors Memorial Fund, Inc., Box
120, Axtel, TX 76624. Contact: (254) 799-7556 for more information. (10am-9pm only)
Directions To Mount Carmel: 1785 Double EE Ranch Road east if Waco. Take I-35 into Waco, Texas.
Get Off at North Loop 340 (also known as: Lake Shore Dr.) Head East until you get to Farm Rd 2491. Turn Left
onto Farm Road 2491. Go 8 to 9 miles until you get to the "Y" in the road. Veer Left at the "Y" and continue
about ½ mile to two blue water tanks. Turn Left onto EE Ranch Road.
APRIL 19TH IN DC
From noon to 4 p.m the Committee for Waco Justice will erect 82 crosses in the northwest quadrant of
the Ellipse, south of the White House. This will be the fifth year we will erect this memorial. The Committee
also will display larger banners reading “Waco, Never Again” and “FBI Killed a Village and Its Children” as
well as Branch Davidian flags.
With the possibility of impeachment for obstruction of justice hanging over Clinton’s head, The
Committee will remind Americans about his obstruction of justice of the investigation of the deaths of 82
Branch Davidians at the hands of federal agents in 1993. Much of this evidence was overlooked or ignored in
past congressional investigations and should be investigated by an independent counsel. For information
about the event, contact Carol Moore 202/635-3739 or Alan Forschler 202/797-9877.
LIVINGSTONE FAGAN MOVED FROM LEAVENWORTH
Through the efforts of the Committee for Waco Justice and other Davidian supporters, Congress began
an investigation of emotional and physical abuse of prisoners in solitary confinement at Leavenworth.
Davidian prisoner Livingstone Fagan, who himself was physically abused on a number of occasions, got
information out to us and we started a letter writing campaign.
Now Fagan and a number of other complainants have been moved from Leavenworth to the Oklahoma
transfer facility during a more thorough investigation, to protect them from possible persecution by
Leavenworth guards. They may be there for some months. Time will tell if true justice will be done!
WACO: RULES OF ENGAGEMENT
Unfortunately, the video did not win the Academy Awards. It lost to a movie about the Jewish
Holocaust. It is unfortunate that those who voted for the Awards did not recognize the similarities in America’s
holocaust: demonization of a small religious group, deprivations of rights, military-style attacks, and gassing
and burning of the innocents--who also flew a Star of David. To obtain a copy of the video postpaid send
$30.00 to: Mount Carmel Survivors Memorial Fund, Inc., Box 120, Axtel, TX 76624.
JUDGE SMITH STYMIES DAVIDIANS’ APPEALS AND LAW SUIT
U.S. District Judge Walter J. Smith of the Waco District in Texas is currently stymying both the appeals
of six Davidian prisoners and the 1.5 billion dollar civil suits by survivors and family members of Davidian
victims. In the civil suits, for months he has been delaying a decision as to how much, if any, of the civil suits
he will allow to go forward. He may try to throw out all the suits related to deaths on April 19th, claiming the
Davidians started the fire. But he will have a harder time dismissing the cases for the deaths of six Davidians
by government gunfire on February 28, 1993. There is no deadline by which he must make a decision.
As for the appeals, in August, 1997 Smith ruled that he was justified in giving Davidians an extra 10 to
25 years in sentences for allegedly carrying automatic weapons, a ruling which Davidians have a right to appeal
back to the 5th Circuit Court of Appeal. However, Smith is refusing to allow attorneys to get a copy of either
the transcript of his comments at re-sentencing in 1997 or his written “findings” that backed up his ruling they
had these weapons. They need these appeal Smith’s re-sentencing to the 5th Circuit and, if necessary, to the
Supreme Court. So attorneys have appealed to 5th Circuit to make him do so and 5th Circuit is taking its time
in ordering him to do so. Once again, the wheels of injustice grind ever so slowly!
D.C. WOMENS’ BAR DROPS JANET RENO “TORCHBEARER” AWARD
On May 14, 1997 five members of the Committee for Waco Justice stood outside the D.C. Womens’ Bar Associations 2nd annual “Janet Reno Torchbearer Award” dinner protesting the inappropriate name of the award and the fact it was named after Janet Reno. Our signs read: "Janet Reno Baby Burner Award," "Shame on the Womens Bar Association," "Janet Reno's Tanks Killed 34 women and 23 Children," and "Reno's Torchbearer Award: 1993 Recipients, Branch Davidians." We also had our colored poster from Spy Magazine of "Rambo Reno" with the burning Mt. Carmel reading, "They told me they were beating the children."
Some attendees or organizers obviously were annoyed and kept asking a police officer if he couldn't
make us go away. He reminded them it was our first amendment right. One woman entering actually said,
"You people are lucky you have first amendment rights." A dozen or so of the 100 attendees expressed
sympathy with us, a few defended Reno, but most were embarrassed or dismissing. You can bet we were the
number one topic of dinner discussions!
A memo passed around at the law firm I’m temping at mentioned this year’s awards dinner but did not
mention the Torchbearer award. I e-mailed the Bar Association and today they replied that they would not be
giving out the “Torchbearer” award this year–no mention of Janet Reno. So perhaps our little demonstration
did have some positive effect!
I must be a glutton for punishment. Last weekend I read Ambrose Evans-Pritchard’s book “The Secret
Life of Bill Clinton” and watched three videos: “The New Clinton Chronicles”, “The Death of Vince Foster”,
“The 60 Minutes Deception” (in its reporting on Foster’s death). Detailed were stories about Clinton’s
involvement in looting Arkansas agencies, running guns and drugs out of Mena airport, laundering of drug
money, using drugs and condoning and perhaps ordering murders of those who threatened his organized crime
Regarding the death of Vince Foster, Evans-Pritchard traces the evidence that in the days before his death
Foster was being pressured heavily about something by Webster Hubbell and Bill Clinton. He reveals that
Vince Foster was drafting a letter about Waco on the day of his death–a letter which obviously was taken from
his office after his deat. It certainly was not revealed to Congress which specifically requested his Waco files,
and got just one memorandum.
Evans-Pritchard also infers Foster might have been killed just before he was to give Hillary Clinton files
and photographs detailing Clinton’s drug use and romps with teenage girls. (Larry Parks, who allegedly
collected the information and warned Foster not to give the files to Hillary, was murdered just a few days later.)
Having those files certainly would have ensured Hillary’s total control over the White House!
But speculation aside, the month of March saw a crescendo of allegations that Clinton is a sexual
predator–by Paula Jones who said he dropped his pants and asked her to “kiss it”; former White House
employee Kathleen Willey who said he groped and kissed her when she met with him about a job; Cristy
Zercher, a stewardess on his 1992 campaign tour who said he groped her and invited her into the airplane toilet
with him; and a friend of former Ms. America Elizabeth Ward who alleged Ward had earlier revealed Clinton
raped her. Ward, who first dodged reporters, told them right after being given her own television series that she
had not been raped by Clinton–she had merely had consensual sex with him.
Looking at all the evidence that Clinton is a sexually obsessed criminal operator, hiding behind the
facade of being caring visionary, certainly gives one a different perspective on what happened at Waco. One
can imagine his fury at having headlines he believed rightfully belonged to him stolen daily and, on television,
nightly, by an admitted polygamist. And his frustration that he couldn’t have the matter dealt with quickly and
quietly by his Arkansas mafia. (Although one probable member thereof, the head of Little Rock ATF, was a
chief raid planner.) But Clinton quickly turned his good relations with bad cops to his purposes. The FBI
dispatched the Branch Davidians in such a way Clinton could crow they were “religious fanatics who killed
Special Prosecutor Ken Starr may yet send evidence of crimes to the House Judiciary Committee, some
indicating Clinton lied under oath or other wise obstructed justice regarding his actions towards or with women.
We can expect Democratic committee members to repeat Clinton machine claims that these women are coming
forward with their stories years after the fact and only for publicity and/or money.
Of course, these are most of the same Democrats who believed young Kiri Jewell’s 1995 congressional
testimony that David Koresh sexually abused her. They were not bothered by the facts that Kiri refused to press
charges against Koresh the week before the BATF raid, yet was on television with her father, David Jewell,
inferring such abuse a week after the raid. A reporter who had been down in Waco during the siege told me
that David Jewell was trying to sell his story to reporters–and the story did in fact end up in the made-for-
television movie “In the Line of Duty: Ambush at Waco.”
If the Democrats believe Kiri, they should apply the same standard to all the women whose versions of
events differ from that of President Clinton–even if they tried to or did or intend to sell their old stories to the
highest bidder. However, we can’t expect such logical consistency from Clinton supporters! While in their
eyes Kiri Jewell’s allegations excused ATF and FBI’s murder of 82 Davidians, these Democrats will excuse
Clinton’s depredations as long as he carries their liberal, big government banner into the 21st century. And we
can pretty much expect the Republicans to let them get away with it.
But enough...I think we all know how far the republic has fallen. I just wish more of us were out
demonstrating our disgust about it next Sunday, April 19th!
On April 19, 1998 Davidian
survivors at Waco held a memorial. Speakers included Davidian
survivors, Sara Bain, repentant forewoman of the jury that convicted 8 Davidian survivors, former
Attorney General Ramsey Clark, Mike McNulty, a producer of the film “Waco: the Rules of Engagement”
and former Dallas talk show host Ron Engelman. For the first time, no press showed up at the Committee
for Waco Justice’s memorial south of the White House, but employees on duty could not help but hear
our ringing of a gong for the 82 victims of Waco.
WACO UPDATE--MAY 17, 1998
RANDY WEAVER PUBLISHES BOOK
Randy Weaver, who lost his son Samuel and wife Vicki to federal agent gunfire, has
published THE FEDERAL SIEGE AT RUBY RIDGE. It is written with his daughter Sarah, who
also survived the 1992 FBI siege. For more information visit their web page.
Or send $21.95 - Post Paid U.S. ($25.95 - Post Paid Canadian) Send checks and money
orders to: Book Masters P.O. Box 388 Ashland, OH 44805. Toll free number. 1-800-266-5564.
TWO NEW WACO MOVIES
Jeremiah Films, which produced “The Clinton Chronicles”, is releasing their new film
“Bullets Over Waco: The Survivor Story.” For more information go to their web page:
http://www.wacovideo.com Or send $19.95 to Jeremiah Films, Box 1710 Hemet, CA 92546 1-
800-828-2290. While it looks like it is probably a “Waco: Rules of Engagement” knock off, it
looks like it has some new material and will be of interest to the most hardcore Waco students.
Or you might wait until June when Mike McNulty, the researcher and motive force behind
“Waco: The Rules of Engagement” comes out with his new movie. It will trace events after
April 19th, including the fates of the prisoners. More information on that as it becomes available.
MORE COURT DECISIONS ON MOUNT CARMEL
Davidians are awaiting a September 8, 1998 court date on who technically is the Branch
Davidian Association that owns Mount Carmel–surviving followers of David Koresh, some of
whom lived there for many years or Amo Roden, former common-law wife of former Davidian
leader George Roden. Meanwhile another pre-Koresh former member, Doug Mitchell, showed
up last winter and made his own claim to the property. He also sued to keep the survivors off
Mount Carmel. Over the last five years survivors–who do have the strongest legal claim--have
paid taxes on the land, planted 82 memorial trees there and constructed a museum.
However, on May 8th Judge Alan Mayfield of Waco's 74th State District Court ruled that
survivors had a right to be on the property. He also ruled Mitchell could not consolidate his own
claim to the land with Amo Roden’s which was filed two years ago. Mayfield also instructed
both sides to try to work out an agreement where they both could co-exist on the property until
the conflicts can be resolved at trial in September. Mitchell balked at agreeing to a set of bylaws
stipulating a code of conduct for anyone - including visitors and Branch Davidians of any kind
-coming onto the property. Mayfield then ruled that both sides should be able to receive mail in
their names at the Mount Carmel mailbox and converse with visitors but forbid Mitchell from
using barns and sheds currently inhabited by Charlie Pace and his family–another pre-Koresh
Branch Davidian who has *not* filed claim to the property.
Mount Carmel remains attractive to these former Davidians because dozens of visitors still
come to the site every week. Amo Roden, who squatted there for several years, has made tens of
thousands of dollars charging visitors for tours and memorabilia over the years.
If you would like to order books or tapes or contribute time, money, manpower to
rebuilding Mount Carmel, contact: Clive Doyle, Mount Carmel Survivors Memorial Fund, Inc.,
Box 120, Axtell, TX 76624.
HORIUCHI RULING–MORE PROOF U.S. BECOMING POLICE STATE
On May 15 U.S. District Judge Edward Lodge dismissed an Idaho state involuntary
manslaughter charges against FBI sharpshooter Lon Horiuchi, who killed Vicki Weaver, the wife
of Randy Weaver, during the 1992 siege at Ruby Ridge. Lodge accepted the Justice Department
argument that Horiuchi was acting in the line of duty when he fired and was protected by the
Supremacy Clause of the U.S. Constitution, in that he was working within the scope of his job.
Boundary County Prosecutor Denise Woodbury maintained Horiuchi acted negligently. Horiuchi
contended throughout that he was following the procedures set out for dealing with the
confrontation. “I think it's a travesty the people of Idaho can't have their day in court with Lon
Horiuchi because he's a federal agent,” said Chuck Peterson, one of the attorneys who
represented Weaver during the criminal case against him five years ago.
County prosecutors have the option of appealing the ruling, which hopefully they will. If
states cannot prosecute federal agents who kill–and there currently is no federal law allowing
prosecution of murderous agents–it is evident we are living in a defacto police state. (There are
laws against federal agents depriving a person of civil rights under specific circumstances but
they are regarded as relatively minor offenses.)
As attorney David Hardy, who is helping with the Davidian civil suits, wrote in a recently
posted email: “So we *have* returned to the feudal age, with federal agents as the new warrior
caste, and the rest of us as peasants. It is not a crime for one of the warrior caste to kill a peasant.
Period. Perhaps it is an incivility, but no crime, and the peasant has no rights which the warrior
Equally bad news, for both the Davidian prisoners’ appeals and for all of us is an April,
1998 Supreme Court decision. In Edwards vs. U.S., 96-8732, Court rule that even though the
judge gave a jury the vague instructions they could find individuals guilty of trafficking in
*either* cocaine or “crack” cocaine, he could sentence them to the longer sentences given to
those found guilty of trafficking in “crack.” Writing for the court, Justice Stephen G. Breyer
said it does not matter that a federal jury did not make clear of which it found the men guilty and
that the jury's belief about which drugs were involved was beside the point. It was up the judge
Four Davidians are in a somewhat similar predicament since they have been sentenced to
an additional 25 years for carrying an illegal weapon, even though the jury did not find that they
did so. The fact that two different federal circuit courts have disagreed on whether the judge can
make such a decision has been the basis of hope the Supreme Court would take their case and
rule in their favor. But we can see in this and another recent Supreme Court ruling that the
Court is willing to give judges wide leeway in adding years to a convicted person’s sentence for
crimes for which they have *not* been convicted, only accused. Again, more evidence America
is becoming a police state.
Perhaps it was an unconscious realization of this disgusting development that prompted
the idea for the final episode of the popular show “Seinfeld.” In it the four main characters were
sentenced to a year in prison for obnoxious but usually non-criminal behavior–and that their past
obnoxious behavior was used to convict them and ensure they served a year. (Or was it just a
clever ploy to give them a year off, after which they will return??)
JUROR’S COMMENTS 4/19/98 AT WACO
Samuel Adams, on April 22, 1998, posted an admittedly not quite perfect transcript of jury
forewoman Sarah Bain's speech at the 4/19/98 memorial service at Mount Carmel. Below are
some excerpts from that:
I was the... had the honor of being the foreperson of the trial...(inaudible)....That was
needless to say an extremely powerful moment, days, weeks, for me. I still don't have the trial
itself out of my system. There has been so much that has transpired since that trial. Evidence that
has been made public that was not available at the trial. I have had my views altered as a result
of that information that has not been made public.
But going back strictly to the forty days at the trial I would like to give you some of the
thoughts of the jury at that time. As we were deliberating, one of the ....one of the.... bits of
information that was vitally important to us.... was whether or not the helicopters that were
notoriously circling overhead, did any firing. In the course of the trial we had testimony from
pilots, we had testimony from some of those that were onboard the helicopters. We had even
military personnel who said that, (all of the same?) , absolutely not...there were no guns on those
We did have testimony at the trial, specifically from Jack Zimmerman, who was an
attorney from Houston that came in during the 51 day , uh ,siege, as a representative of Mr.
Schneider. He testified that when he came into the Mount Carmel Center that it was very
obvious that there were bullet holes that came through the roof. And he spent a great detail
explaining how you could recognize an incoming shell. Sadly we had his testimony, versus the
testimony of many others. Utilizing more or less what was the preponderance of the evidence, it
was our opinion at the time, that apparently the helicopters had not done any firing. Most of you
are aware now that there is much evidence that supports the truth, that the helicopters did fire.
This is important, vitally important, to help establish whether or not the Branch Davidians that
were (inaudible) at the time of the raid, at Mount Carmel, whether or not they were in a
defensive mode or as the government would lead us to believe that they were on the offensive.
(Regarding recording of ATF agent admitting agents had guns in helicopters and might
have been firing) . . .When I first heard that section of the negotiation tapes which was here last
year in Mr. McNulty's video, uh, documentary, “Waco: The Rules of Engagement.” When I first
heard that my stomach really churned. As I mentioned that had been one of the real sticky points
during our deliberations.
(After finding the Davidians guilty) . . .And many of us sat back, those of us who felt
rather upset about the fact that we had really felt it necessary to come down with any guilty
verdict at all. We sat back and said well, the Branch Davidians had now been held accountable
for the deaths of the four ATF agents, we can rest assured that the ATF will have to someday to
be made accountable for the deaths of the six Branch Davidians who died on that exact same
day, we took some consolation in that. We're still waiting. There in is some of the major
frustration, is the fact that their has been no accountable, on the part of the government. It
matters not to me whether there is a trial and every single person is exonerated. I just simply feel
that there needs to be a trial, they need to be made to answer for the reasons why they had to
conduct the raid, and it needs to be in a public forum, not personnel matters that are handled
behind the scenes. And I believe that for the peace of mind of many Americans, that that might
help bring a little bit of closure to the incidents that took place on February 28 and April 19 of
Of course in addition to having a trial for the ATF officers and their responsibility for the
deaths of six Branch Davidians, there has to be some accountable made by the FBI for their
activities on April the 19th, actually for their activities during the entire 51 days. But specifically
for their activities on the 19th...
I'm hoping that someone has more leadership ability than I do, has better ideas of the
workings of the government and better ideas of the workings of our court systems and can pull
something together to see that eventually the accountability is brought to bear. In mentioning
that with a gentlemen I met just this morning, he said he just did not see how that would happen.
The Indians are still waiting. I think that was not.....(applause)....I think that was not very
encouraging. I feel that, this is my fifth year to come out to Mt. Carmel. I'm hoping that it will
not be another five years that I still am feeling this burden and this frustration. I'm hoping that
there will soon, not later, be this accountability that we're all waiting for. Thank you very
WACO UPDATE--AUGUST 18, 1998
By Carol Moore, author, The Davidian Massacre
Member, Committee for Waco Justice
Because of weeks
of computer problems–finally solved!--this update is a month overdue.
It’s also full of news!
DAVIDIANS CONFRONT BATF AGENT AT SEMINAR
On June 26, 1998 several Davidian survivors participated in a Waco-related seminar in
Austin, Texas sponsored by Texas Best Seminars. They included Clive Doyle, Sheila Martin, and
Appearing with them was BATF Agent Dale Littleton. Littleton allegedly is the agent who
knocked over a Waco television cameraman taking video after the failed February 28, 1993 raid.
Also, Karen Kilpatrick, who with her partner Henry McMahon sold guns to Koresh, alleges it was
Littleton who physically assaulted her when BATF had them under detention during the 1993
siege. (She and McMahon considered a law suit but did not meet the two year deadline.)
According to a Davidian who participated in the event, Littleton faced a very angry crowd
but skillfully avoided providing any real information in his answers to questions.
For more information, go to http://downsize.ml.org and listen to "realplayer" audio of the
BATF AGENT WINS CONSPIRACY SUIT
According to the Waco Tribune-Herald (from which I’ve freely quoted here) BATF agent
Robert Rodriguez won a $1.3 million verdict in his civil suit case against psychologist Roger M.
Solomon in a federal trial in late July in Waco. (Judge Walter J. Smith, who sentenced 9
Davidians to 243 years presided.) Rodriguez, 47, a 15 year BATF veteran, was the undercover
agent who infiltrated the Branch Davidian church and alerted BATF supervisors that the
Davidians had learned BATF agents were about to raid them on February 28, 1993. Despite this
warning, supervisors went ahead with the raid–later claiming it was Rodriguez’ fault the
Davidians “ambushed” them. (Of course, there is ample evidence nervous and aggressive agents
Rodriguez originally sued Solomon, nine BATF officials, the BATF and the U.S.
government. However, a federal appeals court dismissed all but three BATF officials and
Solomon from the suit. The three officials, Phillip Chojnacki, James Cavanaugh and the former
BATF director Stephen E. Higgins settled with Rodriguez for undisclosed amounts. The jury
ruled Solomon was responsible for 25% of the $1.3 million.
At trial, Rodriguez stated that the conspiracy by BATF commanders ruined his reputation,
left him depressed and suicidal and caused even his own children to question his actions. He
alleges in his lawsuit that psychologist Solomon violated his oath of doctor-patient confidentiality
and told one of Rodriguez' superiors that Rodriguez had changed his version of what happened.
Solomon denied he had breached confidentiality or that he was part of the conspiracy with BATF
officials to indirectly blame Rodriguez for the deaths of four agents. However, Rodriguez
testified that he was told by former BATF assistant director Ron Noble that Solomon had violated
"My problems came from the cover-up, because that took away all my pride," Rodriguez
told the jury. His new psychologist told the jury that Rodriguez suffers from post-traumatic stress
disorder, major depression, mood swings, what he termed "survivor guilt," insomnia, nightmares ,
suicidal tendencies and flashbacks about the February 28, 1993 raid and April 19, 1993 fire.
After the verdict Rodriguez said: "For me, personally, yes, this trial was important for me
to feel vindicated. I needed this public forum." Unfortunately, the Davidian victims have not yet
received the same fair forum to air their complaints about the BATF/FBI conspiracy that led to
the deaths of 82 men, women and children.
DAVIDIAN MEMORIAL AND MUSEUM AT MOUNT CARMEL
July and August’s weeks of higher than average temperatures have taken their toll on the
82 cypress myrtle trees planted at Mount Carmel for the 82 victims. Davidian survivors report it
takes about a half an hour a week to water and tend to each tree. The few survivors, with help
from some friends, are keeping on top of the job, as well as keeping their small museum open for
the dozens of visitors who still stop by every week. So if you are in the area, feel free to drop by.
Because it is staffed by volunteers, the museum itself may not be open. To check on its hours a
day or two in advance call the museum office at 254-863-5985.
Warning: Long-time squatter Amo Roden, sometimes with an ally, will try to hit you up for
an entry fee at the front gate. Try to ignore them. There is no fee for visiting Mount Carmel or
the museum. Hopefully, the local judge will finally give Mount Carmel survivors clear title to the
property during the long-delayed September, 1998 trial.
Directions to Mount Carmel: 1785 Double EE Ranch Road east if Waco. Take I-35 into
Waco, Texas. Get Off at North Loop 340 (also known as: Lake Shore Dr.) Head East until you
get to Farm Rd 2491. Turn Left onto Farm Road 2491. Go 8 to 9 miles until you get to the "Y" in
the road. Veer Left at the "Y" and continue about ½ mile to two blue water tanks. Turn Left onto
EE Ranch Road.
JUDGE DEMANDS BATF ACCOUNT FOR WACO VIDEO TAPES
On May 29, 1998 attorney David Hardy, who is helping with Freedom of Information Act
suits for Branch Davidian civil suits against federal agents and officials, sent out the following
“ATF had contended that it'd searched all likely repositories of Waco info, and could find
no still photos and but one video. It'd conceded that there were 4-5 government videocams aimed
at front door, but contended none of their output could be found by reasonable search, of the
likely repositories (chiefly the evidence locker of the Waco satellite office). District court found
that was sufficient under FOIA and dismissed the claim against ATF (claim against FBI is still
“I filed a motion to reconsider (VERY rarely granted) accompanied by an affidavit from
David Hall, which Mike McNulty got for me. Affidavit said an ATF agent had told him there
*were* still photos, had shown him some, and that it was common knowledge that the main
repository for Waco evidence was not the Waco office but the Murrah building in Oklahoma City;
after the bombing the files were recovered and moved. Government responded that they'd done an
adequate search and the affidavit showed nothing new--it merely said it was "common
“Court ruled May 26 (got copy today) granting the motion to reconsider, and ordering
gov't to provide within 30 days affidavits from the agent as to the photos, whether they were
stored at the Murrah building, their relocation and any current known whereabouts, plus affidavits
to show either that they were not stored there or have been located and searched.”
Keep fighting for that information, David!
CAUSE FOUNDATION AND CONFEDERATE FLAG
Cause Foundation, which offered its services to Davidians during the siege and originated
the first Davidian survivor and family civil suits against the government, has suspended
fundraising and its newsletter. However, attorney Kirk Lyons is still working on the case. In a
last letter to supporters, Lyons blamed the moves on decreased support for the Waco case, as well
as "demonization" of Cause efforts by Oklahoma conspiracy theorists and others who have
questioned Lyons' friendship with Andrew Strassmeier, who some charge was involved with the
bombing. However, funds to support the Waco case, including to help preserve vital evidence,
still can be sent to: Cause Foundation, 1112 ½ Montreat Road, Suite 1, P.O. Box 1235, Black
Mountain, NC 28711.
Enclosed with that mailing was a flyer about the organization Kirk Lyons now works for,
the Southern Legal Resource Center, which bills itself as the "ACLU for the Confederate flag." I
received the letter just a few days before running into an African-American libertarian wearing a
shirt from the "NuSouth" company. The shirt sported a small Confederate flag logo in "African"
colors of red, black and green. In an article on its web page, NuSouth's young black owners
state: "The logo, once you get it, is a simple message of hard work, self-improvement and
independence, a complete rejection of the lingering rhetoric of victimization." See
I e-mailed Lyons, asking how he felt about this permutation of the confederate flag and the
implicit "we'll support your secession if you support ours” feel. Lyons replied: "Making many
little countries out of big countries - I can't be against it. Liberty is always lost within Empires,
and tends to flourish in smaller states." It would be nice to see a "win-win" solution on that one
SECRET SERVICE WACO COVER-UP ARTIST EXPOSED
On June 6, 1998, Joseph Farah, editor of the Internet newspaper WorldNetDaily.com
published an article entitled: “Don’t Trust Secret Service Director” Below are some quotes
evidencing that at least some of the press is aware of the all-pervasiveness of the Waco massacre
Secret Service Director Lewis Merletti is letting it be known that he will "fight to the
death" to prevent Independent Counsel Kenneth Starr from pursuing testimony about Oval Office
secrets by his agents.
Merletti claims that forcing Secret Service agents to testify whether they saw President
Clinton in compromising positions with women would be tantamount to "handcuffing" his ability
to keep the president safe. He goes so far as to suggest that if he cooperates with Starr, "the
inevitable result will be the death of another president."
At first blush, you might chalk up such rhetoric to an administrator standing up for his
employees. But there's much more at work here. You see, Secret Service Director Lewis Merletti
is one of this administration's many professional cover-up artists.
Why do I say that? Well, because he's a veteran of one of the first major cover-ups of the
Clinton administration. He was promoted to director of the Secret Service after serving as
assistant project director of the Waco Administrative Review Team created by Clinton's
Department of the Treasury....
That's where Merletti comes in. Then a Secret Service agent, he was assigned a key role in
the first investigation of Waco. He claimed in congressional testimony that every single BATF
agent he interviewed understood that the raid would be aborted if met with resistance. He was
contradicted not just by officials on the scene but by his superior in the investigation as well...
Merletti owes his career to Bill Clinton. He got his job by carrying water for the
administration in its first major scandal. Is it any wonder he's taking a stonewall-the-investigation
position now? (End quotes)
RENO OPPOSES CITIZENS PROTECTION ACT OF 1998
In June U.S. Reps. Joseph McDade, R-Pa., and John Murtha, D-Pa., introduced a bill, the
Citizens Protection Act of 1998 (H.R. 3396), to protect U.S. citizens from frame-ups by the U.S.
Department of Justice. (Both men are survivors of attempted Justice Department frame-ups.) The
bill had 169 sponsors as of mid-July.
Rep. McDade notes that "there are Justice Department employees who engage in
questionable conduct without penalty and without oversight, using the full weight and power of
the U.S. government.” As we all know, the Justice Department did just that to the Davidian
prisoners, seven of whom are now serving a total of 235 years. Memos disclosed during the
House Waco hearings showed they squashed Treasury Department interviews with BATF agents
who attacked Mt. Carmel February 28, 1993. Officials–including the Associate Attorney General
Webster Hubbell–knew such interviews might provide “exculpatory material” that could prove the
Davidians were innocent, i.e., prove they were victims of such a vicious attack that self-defense
was legally warranted.
The bill would require U.S. attorneys to comply with state laws and create a misconduct
review board with the power to obtain and make public information concerning investigations,
classified material and other confidential information. At her weekly press briefing in late June
Attorney General Janet Reno told the press: “I think the sponsors of this ill are trying to solve a
problem that really doesn’t exist.”
For the text of the bill and information about its status and sponsors, search the Thomas
locator at: http://thomas.loc.gov/ And feel free to write your congresscritter and tell him/her to
support H.R. 3396.
PROSECUTOR TO APPEAL RUBY RIDGE DISMISSAL
In late May, 1998 Boundary County, Idaho, prosecutor Denise Woodbury announced she
was appealing the dismissal of an involuntary manslaughter charge against FBI sharpshooter Lon
Horiuchi who killed Vicki Weaver during the 1992 Ruby Ridge siege. U.S. District Judge
Edward Lodge dismissed Utah state charges against Horiuchi on May 14. Lodge accepted the
Justice Department argument that Horiuchi was acting in the line of duty when he fired and was
protected by the Supremacy Clause of the U.S. Constitution.
However, if states cannot prosecute federal agents who kill–and there currently is no
federal law allowing prosecution of murderous agents–it is evident we are living in a defacto
police state. (There are laws against federal agents depriving a person of civil rights under
specific circumstances but they are regarded as relatively minor offenses.)
Some have suggested that the charges should have been brought against the persons who
issued the "shoot on sight" order (Hostage Rescue Team Commander Richard Rogers under
advisement from former FBI Deputy Director Larry Potts.) The reasoning is that while the sniper
can claim that he followed the orders--legal or not--the person issuing the order has no such
defense. And, under the law of most states, any person who aids, advises or counsels commission
of a crime--let alone orders it--is guilty of the crime as if he'd committed it himself. In fact, they
might even be prosecuted for murder. However, it is unlikely that the Utah prosecutor will take
LIBERTARIAN PARTY CALLS FOR IMPEACHMENT OF CLINTON
As a member of the Libertarian Party, I attended its national convention in early July. A
number of libertarians already were in agreement that the party should call for impeachment of
President Bill Clinton.
On Sunday, July 5th, I got a chance to address the convention as a protest candidate for
party office. (I lost on the second ballot but made my point against a candidate who favors
watering down the Libertarian Party platform.) In my speech I urged delegates to vote for
Clinton's impeachment because of his obstruction of justice in the investigation of the BATF and
FBI's crimes against the Branch Davidians. A short time later the Minnesota delegation made the
following proposal from the floor, which was adopted by the convention as a whole:
“Resolution of the 1998 LP National Convention
“Be it resolved: The Libertarian Party urges the U.S. House of Representatives to begin
Articles of Impeachment against President Clinton and Vice President Gore for violation of their
oath of office, specifically their failure to uphold and defend the United States Constitution.”
The party later sent out a press release announcing the party’s new position on the
Impeachment of President Clinton, garnering a great deal of press interest. Time will tell if the
fawning press and nation fall for Clinton’s phony August 17th apology. A number of women have
provided credible evidence that Clinton is a sexual predator. It would be fitting if that is what
brings him down, considering that he used allegations that David Koresh had committed sexual
crimes to excuse the BATF/FBI murders of 82 men, women and children. (Check my web page
around August 25st for photos from the convention.)
WACO: RULES OF ENGAGEMENT ON HBO DECEMBER 6
The Academy Award nominated film “Waco: Rules of Engagement” will air Sunday, Dec. 6, at 7:30 E/PT, on HBO Signature cable channel. In most markets, if it is available, it is listed as HBO3, but the designation may vary
with location. For more information on the movie, or to order the video, go to: http://www.waco93.com
DECEMBER 10 NEW COURT DATE FOR MOUNT CARMEL PROPERTY
After five years of legal wrangling and a number of postponed court dates, Davidian survivors are awaiting a December 10, 1998 court date regarding the Mount Carmel property. The local judge will decide who technically is the Branch Davidian Association that owns Mount Carmel–surviving followers of David Koresh, some of whom lived there for many years, or Amo Roden, former common-law wife of former Davidian leader George Roden. Meanwhile another pre-Koresh former member, Doug Mitchell, suddenly showed up last winter and made his own claim to the property. Over the last five years survivors–who do have the strongest legal claim--have paid taxes on the land, planted 82 memorial trees there and constructed a museum. The Davidians themselves have less and less faith in the judicial system.
DAVIDIAN APPEALS BACK BEFORE 5TH CIRCUIT
After a year of procrastination and delay by the office of federal Judge Walter J. Smith, Davidian appeals attorneys finally obtained the written order and transcripts of the September, 1997 Court hearing where Smith reimposed long sentences on six Davidian prisoners. A copy of prisoner Jaime Castillo’s brief, filed by his attorney Steve Halbrook, can be found at: http://www.carolmoore.net/waco (The government has til December 21st to file its reply and then the Davidians will have an opportunity to reply to the government.) It probably will be a good six months before the Appeals Court makes a decision on the case. If they do not find in
favor of the Davidians, they will appeal to the Supreme Court. For complete information on the trial and appeals go to: http://www.carolmoore.net/waco/waco-trial.html
MORE SMALL VICTORIES ON BATF VIDEO FOIA REQUESTS
Attorney David Hardy, who is helping with Freedom of Information Act suits for Branch Davidian civil suits against federal agents and officials, is continuing to have small victories in his fight to get information from the Treasury and Justice Departments. He has had to go to court to get some of the most sensitive and critical information.
In May he convinced a judge to consider requiring ATF to bring forth photographs stored in the Murrah Building in Oklahoma City. But ATF managed to convince the judge that Oklahoma City wasn’t an “official depository”; an agent named as a source of such photos presented an affidavit that he had never seen them. So the judge ruled an adequate search had been done.
Recently Hardy participated in oral arguments in his second FOIA suit against the Justice Department and the FBI. He is still trying to track down BATF videos and infrared videos taken February 28, 1993 and then given to the FBI. As has long been rumored, one video which Hardy seeks may contain footage of David Koresh standing at the front door, trying to persuade BATF agents to stop their attack and talk with him. Civil suit attorneys received a rough photograph taken from video in a round-a-bout fashion a while back. It certainly increased their eagerness to get a hold of the full footage.
The Justice Department tried to confuse the issue by arguing Hardy had petitioned the wrong “component” of the Justice Department, but the Judge–an honest and fair one–told them to quit playing games and turn over the requested materials. He also insisted the FBI process the request as if it had been submitted July 10. Hardy writes this gives him two advantages: he’s got four month's jump on a relatively simple request and he is enforcing a court order, which gives some tactical advantages. As Hardy continues his good work, the government may yet have to give up this evidence of crimes against citizens. Check out Hardy’s excellent web site at: http://www.indirect.com/www/dhardy/
COURT DISMISSES SIEGE-RELATED PRESS SUIT
Television reporter John McLemore, who followed BATF cattle trucks up the driveway in the February 28, 1993 raid against the Branch Davidians, sued another television station for libel. This is because its reporter Valerie Williams reported that federal agents claimed Waco reporters were hiding in trees at Mount Carmel before the attack began, tipping off the Davidians. Williams' story repeated an allegation told to ABC's "Night Line" program by a
Houston Chronicle reporter.
In late September, 1998 the Texas Supreme Court decided that the Waco reporter had no case because McLemore was a "public figure," one who "clearly voluntarily interjected himself into the controversy" over why the raid failed and portrayed himself to other reporters as a hero by risking being shot to assist wounded federal agents. Being deemed a public figure, McLemore would have to prove that WFAA's reporter knew what she reported was false or that she was reckless about whether it was true.
WACO ACTIVISTS AT IMPEACH RALLIES
On October 31 2,500 people protested on the Mall in Washington, D.C. for the impeachment of President Bill Clinton. Committee for Waco Justice members were there to remind the crowd of Clinton’s greatest crime: permitting federal agents to murder 82 Davidians and then helping obstruct justice by covering up those crimes. Photos of this and other impeachment rallies are at: http://www.carolmoore.net/impeach-demo-photos.html Free Republic, which hosted the first rally, sponsored another on the Capitol Steps Saturday, December 5th, also attended by Waco activists. For more
information check out their web page: http://www.freerepublic.com
MY VISIT TO THE NATIONAL HOLOCAUST MUSEUM
In early July I visited the National Holocaust Museum in Washington, D.C., where I live. It was something I’d been meaning to do for a few years. I was motivated, in part, by my disgust with Carol Valentine’s Holocaust Museum and her recent Holocaust denial rants on usenet. Under the guise of being an “investigator,” Ms. Valentine has now called *both* the Davidian survivors of Mount Carmel and the Jewish survivors of Nazi massacre liars and
While Valentine charges the original BATF attack was a grand federal scheme to kill all the Davidians, she questions whether the Nazis really meant to kill Jews at all. She dismisses groups like Jews for Preservation Firearms
Ownership as "phonies" and "designated critics," i.e., government operatives. While a dispassionate investigator might find anomalies in facts about both Waco and the Holocaust, it is the allegations of massive fabrication which brand Ms. Valentine a crackpot with some strange hidden agenda.
The national Holocaust Museum presented ample evidence of Nazi crimes against political and religious activists and resisters, gypsies, the disabled, homosexuals, as well as those against Jews. The museum’s decor of
brick, grey metal and unpainted wood simulates concentration camp architecture. The three floors of the permanent exhibit detail in video, audio and artifacts the rise of the Nazis, the massacres, the concentration camps and the liberation of the few survivors. One glass wall of a hallway lists the names of hundreds of predominantly Jewish communities and towns decimated by the Nazi’s. The Nazi’s committed hundreds of “Wacos” against Jews alone. (And destroyed thousands of other villages on their march through Eastern Europe and the Soviet Union.)
I was most strongly reminded of Waco at the end of the 15 minute movie that described the museum’s exhibits. In the final scene an American flag flies as the commentator says something like, “And Americans must make sure that something like this never happens here in America or anywhere again.” Well, I hadn’t intended to do so, but I spontaneously called out, “No More Wacos.” I’m sure a few of the other visitors understood my concern–and that it was in the spirit of the Museum and not against it.