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WACO NEWS
1996


PRESS RELEASE, JANUARY 1, 1996: COMMITTEE CALLS FOR TRUE JUSTICE IN
BRANCH DAVIDIAN APPEALS

       Members of the Committee for Waco Justice will vigil outside of Attorney General Janet Reno's office at 10th and Constitution on January 4th, from noon to 1:00 p.m.  On that day, attorneys will present oral arguments for six Branch Davidian prisoners before the Fifth Circuit Court of Appeals in New Orleans.  Vigil participants will carry Davidian Star of David flags and "Free the Branch Davidian" posters.
       The six prisoners, who were sentenced to a total of 195 years, remain victims of the 1993 federal massacre of 35 women, 23 children and 24 men outside of Waco, Texas.  Committee members demand that Janet Reno's Justice Department exert no undue influence on the circuit court judicial panel, as many believe they did during the 1994 trial of eleven Branch Davidians.  At that time, trial judge Walter J. Smith was under investigation by the Department for lying under oath; the Department exonerated him during the trial.
        Judge Smith consistently forbid defense attorneys from asking questions or providing evidence that would prove Davidians acted in self-defense against the brutal February 28, 1993 raid by agents of the Bureau of Alcohol, Tobacco and Firearms during which four agents and six Davidians died.  Smith's failure to tell jurors they could find Davidians innocent of aiding and abetting manslaughter by reason of self-defense left the jury no alternative but to find five guilty of that charge.  Smith's confused jury instructions and forms led jurors to find Davidians guilty of weapons charges which had been tied only and specifically to conspiracy to murder charges--of which jurors found all innocent.  Smith acceded to Justice Department prosecutors' demands these convictions stand--despite this ruling being contrary to statutory law.  At sentencing Smith declared that Davidians were guilty of conspiracy to murder and of using illegal weapons--despite jurors' contrary verdicts.
        Smith sentenced four of those appealing--Renos Avraam, Brad Branch, Jaime Castillo and Kevin Whitecliff--to the maximum sentence of forty years.  He sentenced Paul Fatta to fifteen years and Graeme Craddock to twenty.  Both were found guilty of weapons charges, despite insufficient or dubious evidence.


C0MMITTEE FOR WACO JUSTICE ALERT  – FEBRUARY 23, 1996
From: Carol Moore, member

GUARD PERSECUTES DAVIDIAN PRISONER BRAD BRANCH
          The following is according to Davidian prisoner Kevin Whitecliff, as relayed by Davidian minister Clive Doyle:
Whitecliff is the cellmate of Brad Branch.  Last week a gaurd came into their cell and demanded Branch clean his office.  Since this was not one of Branch's assigned duties, he refused, and the guard threatened to "get him."  Soon after the gaurd claimed Branch had a weapon and insisted on strip searching him.  Branch demanded, as is his right, that another guard be present but it is not known if his demand was fulfilled. The guard then claimed that Branch threatened him with violence--whether during the first encounter or the search is not known.
          Branch is now in solitary, facing a maximum of 200 points against him, and waiting for a hearing.  The following is a fax to the prison warden which includes a possible rationale for the persecution. If you want to fax or write the relevant numbers are: (Out of date addresses deleted.)

FROM OUR FAX:
          We have been informed that a serious and questionable charge of threatening an officer has been brought against Mr. Brad Branch, one of the survivors of the federal massacre of Branch Davidians.
          We also have been informed that Mr. Branch will not sign consent forms for others to learn about these charges.  While this is understandable in the case of complete strangers, if this is true for those like Mr. Clive Doyle, current minister of the Church, we certainly would question that since Mr. Branch is very vocal about reaching out to others, including myself, with his concerns.
          In any hearing held regarding these allegations against Mr. Branch, please be aware that: a) there are millions of Americans concerned that no further injustice be done the Davidian victims, including Mr. Branch; b) many supporters are concerned that because the January 4th judicial appeals went so well, with the government giving no defense of blatant judicial error in giving jury instructions or in sentencing, enemies of the Davidian prisoners--including guards--may try to get them in trouble to negatively affect the appeals process and to lengthen their sentences. Supporters hope that appeals judges will cut those sentences by as much as 35 years or even free most, including Mr. Branch, immediately for lack of evidence of any crime.
          Note: a number of letters were sent to the Warden, encouraging him to take an even-handed approach.

END COMMITTEE ALERT FEBRUARY 23, 1996


FEBRUARY 28, 1996 DEMO AT BATF HEADQUARTERS IN D.C.

          Ten members of the Committee for Waco Justice did an hour-long lunchtime demonstration and press interviews on Massachusetts Avenue in front of BATF headquarters.  Members carried signs reading: "Is Your Church BATF Approved?", "Waco, Never Again", "Free the Branch Davidians", etc. and loudly chanted chants like "Hey. Hey. Ho. Ho. BATF has got to go." Below is the Committees press release. A copy of evidence of BATF helicopter gunfire also was included. For an updated version click here.

PRESS RELEASE:  COMMITTEE CHARGES CONGRESS COVERS UP MURDER OF DAVIDIANS FROM BATF HELICOPTER GUNFIRE

          Washington, D.C.--The Committee for Waco Justice will hold a press conference at noon on Wednesday, February 28 in front of the Bureau of Alcohol, Tobacco and Firearms headquarters at 650 Massachusetts Avenue.  Speakers will present compelling evidence that during the February 28, 1993 BATF raid on the Branch Davidian religious group outside of Waco, Texas, BATF agents illegally shot from helicopters, killing four Davidians.  Attached is a summary of that evidence.
          Press conference participants will display a poster showing video evidence of gunfire, as well as signs criticizing BATF and a Davidian flag.  Speakers will include:
*          Committee member Andrew Williams, who will read statements of deceased and surviving Davidians about helicopter gunfire.
*          Committee member Carol Moore, author of the mass market paperback The Davidian Massacre, who will describe other such evidence. The book is published by Gun Owners Foundation, whose director Larry Pratt recently was falsely accused of bigotry.  Moore notes that politicians and the press consistently have failed to note that half of the 82 Davidians killed by federal agents were black, Hispanic or Asian.
*          Committee member Alan Forschler, who attended the House Waco hearings, will describe the congressional cover-up of this issue.
          In a May, 1995 televised debate with author Carol Moore, former BATF Director Stephen Higgins, who authorized the raid against the Davidians, admitted that had the agents fired indiscriminately and killed Davidians, federal regulations require they be prosecuted for murder.  During the 51-day siege Davidians charged that federal agents wanted to demolish their home and church, Mount Carmel Center, in order to destroy over 100 incriminating bullet holes through the building's roofs and walls.
          During recent oral arguments for six Davidian prisoners, Fifth Circuit Court of Appeals judges were very interested in evidence presented at trial that agents were in fact shooting from helicopters.  There is a possibility some or all Davidians will have their convictions overturned because of such evidence.
          During the 1995 House and Senate Waco hearings, committee members took only a small portion of the evidence that there was firing from helicopters, but dismissed that evidence once BATF agents declared they had not fired.  By covering up for federal agents accused of murder of American citizens, Congress proves it cares more about protecting law enforcement from prosecution than protecting American citizens from murder by federal agents.
          Members of the Committee for Waco Justice demand prosecution of all BATF and FBI agents and officials responsible for the deaths of 23 children, 24 men, and 35 women. Members demand immediate pardons and freedom for the eight remaining Branch Davidian prisoners.

PRESS RELEASE: COMMITTEE'S APRIL 18 AND 19 MEMORIALS TO REMIND PUBLIC "FBI KILLED A VILLAGE AND ITS CHILDREN"

          Washington, D.C.--The Committee for Waco Justice will sponsor two memorials to the 24 men, 35 women and 23 children who died as a result of federal actions against the Branch Davidian religious community outside of Waco, Texas on February 28 and April 19, 1993.  Members have chosen the theme "FBI KILLED A VILLAGE AND ITS CHILDREN" to remind the public that the Davidians were a multi-racial, multi-national community with a long history of cooperation with their neighbors and the larger community.  Attached is a list of those who died, as well as their race and nationality.  (For victims list click here.)

        APRIL 18 ERECTION OF CROSSES AT THE ELLIPSE--Noon-5:00 P.M.
          At the Ellipse directly south of the White House, members will erect 82 crosses, display a banner reading "FBI KILLED A VILLAGE AND ITS CHILDREN," and fly the Davidian flag.

        APRIL 19 PRESS CONFERENCE AT FBI HEADQUARTERS AT NOON
          Members will display the above-mentioned banner and flag.  Speakers will include:
*          Committee member Andrew Williams, who will connect the government's destruction of the Davidian community to the scapegoating of drug users, gun owners and cults.
*          Committee member Carol Moore, author of the mass market paperback The Davidian Massacre, who will describe evidence of government crimes, like ATF's murder of Davidians from helicopter gunfire, the FBI's deliberate sabotage of negotiations, FBI lies to Attorney General Janet Reno and the criminally conceived and executed gas and tank attack that led to the fire that killed 76 Davidians.
*          Alan Forschler, a member of the Fully Informed Jury Association, who will speak about the injustice done the eight Davidian prisoners during their trial and issues relevant to their appeals.
*          Gene A. Cisewski (sha SEV ski), National Coordinator of the Libertarian Party Council of State Chairs, who will speak about government excesses in federal law enforcement.
*          William Thomas, a member of the D.C. peace group Proposition One, who will speak about a peace activist's views on Waco and the Terrorism bill.
          During both events, members will observe moments of silence for the Davidian victims and prisoners and for the 168 victims of the criminal April 19, 1995 Oklahoma City bombing, widely believed to be the result of anger over the federal massacre of the Davidians.
            The Committee for Waco Justice approves of the F.B.I.'s tactful handling of the Freeman standoff in Montana.  Nevertheless, members demand prosecution of all BATF and FBI agents and officials responsible for the deaths of 82 Davidians. And members demand immediate pardons and freedom for the eight remaining Branch Davidian prisoners.


WACO UPDATE--MAY 8, 1996

Carol Moore
Member, Committee for Waco Justice
Author, The Davidian Massacre

APRIL 18 IN WASHINGTON D.C.
          Committee for Waco Justice members erected 82 crosses on the Ellipse directly south of the White House and displayed a banner reading "FBI KILLED A VILLAGE AND ITS CHILDREN," and flew the Davidian flag.  (As the Washington Times noted, this was a "dark humored reference to fist lady Hillary Rodham Clinton's book n child-rearing.")  Over twenty-five members of the press showed up for the event and news clips were shown on local stations around the country.  Associated Press distributed a photograph of Carol Moore planting crosses.  The "FBI TANKS KILLED 76" writing on her black t-shirt was clearly visible, as was the peace sign necklace she was wearing. When the press asked her what she would say to any anti-government types planning future bombings, she answered, "Read Gandhi."
          Unfortunately, Bill and Hillary Clinton were out of the country that week.  Could it be because in the previous two years the Committee had set up their crosses and a "Waco Never Again" banner at the Ellipse not one day, but all five days leading up to and including April 19?  Perhaps the Clintons could not deal with that much of a reminder of their sins yet a third year running.  They had to get out of the country!  Photos of the event and the signs have been sent to Hillary.

APRIL 19 IN WACO
          Davidians held a small memorial with about 50 people at Mount Carmel.  They placed the first forty of the 82 markers they will be placing at crepe myrtle trees planted last year to represent the spirits of the martyred Davidians. Survivor and current Davidian minister Clive Doyle spoke eloquently of those lost, and of the plight of the 8 remaining Davidian prisoners, especially Livingstone Fagan who has been in solidary confinement for most of the last 21 months because he refuses to cooperate with the system by working. And Doyle chastised the government for refusing to prosecute those responsible for the deaths of family members.
          Survivor David Thibodeau roused the audience when he asked, "How do you spell murder?"  "ATF! FBI!" answered the audience.  In an interview replayed on Nightline, he said that he does not want to forget what happened there and it is good therapy for him to remember what happened.
          "The Voice of Liberty" radio show sponsored a "Waco conference" April 19-21 which attracted 50-100 participants.  According to attendees, little was presented about government crimes against the Davidians and much information presented was questionable.
           To contribute to the Davidian's fund or get their resource list, write: Mount Carmel Survivors Memorial Fund, Inc., Box 120, Axtell, TX 76624. David Thibodeau has a separate list of video materials available, including a video presentation of a slide show he did at a conference.  Write him at: 904 N. Gardiner, Box 4, Los Angeles, CA 90046.

APRIL 19 IN D.C.
          The Committee for Waco Justice sponsored a press conference outside the FBI building, which is now surrounded by a fence preventing the public from getting closer than 25 feet from the building.  Again more than 25 press people showed to hear speakers from the Committee, FIJA, the Libertarian Party, the Leonard Peltier Freedom Campaign and a local peace group talk about the government's actions at Waco and the "anti-terrorism" bill. The press conference ended with a rousing chant of "Free the Branch Davidians."  I have heard of only one replay of anything from the press conference on a local television station outside of D.C.
          The Committee also paid for a 4" x 3" advertisement in the Washington Times reading "FBI KILLED A VILLAGE AND ITS CHILDREN -- In Memoriam for the Branch Davidians -- April 19, 1993 -- Prosecute ATF-FBI Perpetrator -- Free the 8 Davidian Prisoners"

OKLAHOMA BOMBING AND WACO ANNIVERSARY
          Network television coverage of the April 19th anniversary seen by this author seemed to stress memorials for the dead of Oklahoma City and specific evidence--and important problems with that evidence--against Tim McVeigh and Terry Nichols.  There was relatively little mention of either Waco or "extremist anti-government militia groups." (However, at the end of a long interview with Militia of Montana's John Trochmann, one reporter did manage to bug him sufficiently that he accused her of being an "evil woman working for the British," in what he evidently thought was a private conversation.  However, the video longshot and her tape recorder got it all.)
          Two networks interviewed Tim McVeigh and showed footage the evening of the 18th, even as his attorney said he didn't want to upstage the memorial in any way. And early on the 19th an amateur video photographer looking through his Waco footage found a shot of Tim McVeigh at Waco two weeks into the siege, commenting on people's warning him he should be afraid to come to Waco.  A network news show aired it that night.

DAVIDIAN PRISONER APPEALS
          The six Davidians who appealed their sentences of a total of 195 years are waiting for a decision from New Orleans' Fifth Circuit Court of Appeals.  As reported in an earlier update, the January 4, 1996 oral arguments went very well.  The government did not contest the defenses two primary claims--that U.S. District Judge Walter J. Smith should have given the jury the instruction that the defendants could be found innocent of aiding and abetting voluntary manslaughter on the grounds of self-defense and that he should not have sentenced five of them to an extra 25 years for allegedly carrying illegal weapons.  Moreover, two of the three judges on the panel seemed skeptical that there was enough evidence to convict some of the defendants of anything!  If there is any justice in this country, the 25 year sentences will be eliminated and some or all of the prisoners will get new trials and even be freed immediately!
          Davidian prisoner Brad Branch is still waiting for the results of his hearing after a guard falsely accused him of threatening him.  (Branch had merely commented that he had a witness to the guard's harassing him, as he had done a number of other prisoners.)  And prisoner Kevin Whitecliff is still at the Springfield, MO medical facility in treatment for a bloodclot in his leg. He has written to family that his treatment is adequate and he does not have major complaints at this time.
          Meanwhile, almost two years ago the Committee for Waco Justice filed a complaint with the Justice Department's Office of Professional Responsibility of prosecutorial misconduct in the trial of the Davidians against chief prosecutor Ray Jahn and his two cohorts. They have not yet given us a response.  Ray Jahn, of course, is now lead prosecutor in the Arkansas cases against McDougal and Governor Tucker, trying to implicate Clinton in Whitewater and other illegalities.  However, we must wonder how seriously Jahn is trying to prosecute Clinton, one of Jahn's many co-conspirators in the coverup of mass murder of the Davidians!

CIVIL SUITS
          There are three sets of lawsuits being litigated for family members and survivors against federal agents and officials and Bill Clinton, those undertaken by Ramsey Clark, the Cause Foundation and the Houston firm of Caddell & Conwell. A Houston judge recently ruled that the Waco court is the proper venue for the civil suits.  The hated Judge Smith is, of course, the U.S. District Judge for Waco and he already dismissed the first civil suit brought to him.  Civil suit attorneys are now filing motions to recuse Judge Smith as being biased and to transfer the case to another judge.  However, Smith himself will be deciding that matter.  If he decides to keep himself on as the judge, attorneys will just have to appeal to a higher court.
          Meanwhile, according to Kirk Lyons of the Cause Foundation, there was some excitement over the possibility that the incriminating missing half of the front door had been found by a BBC film crew on the property in January of 1996. A rather indistinct still photograph of the hunk of metal was taken. However, by the time the Texas Rangers and Davidian attorneys went searching for it, no such door could be found. Davidians had sold some scrap metal in the interim.  Most researchers remain convinced that federal agents conveniently "lost" that half of the door somewhere very far from Mount Carmel.

HOUSE AND SENATE WACO REPORTS
          The House Joint Subcommittees are now in the process of editing the final version of their reports and the transcripts of the 10 day July, 1995 hearings.  It probably will be another two months before they are released.  The Senate has experienced difficulty getting out the report on their two days of hearings because of staff overload and one staffer's maternity leave, so no date has been set on the release of that report.

COMMENT ON THE FREEMEN OF MONTANA SITUATION
          Members of the Committee for Waco Justice are glad that federal authorities have controlled themselves in this situation, neither violently attacking the Freemen to serve a warrant nor harassing and insulting them during negotiations.  They've even allowed third party negotiations and even press visits. There has been relatively little deionization of the Freemen, by federal agents or the press, despite evidence that the Freemen have committed actual fraud and made threats against innocent citizens. If agents and the press had been this considerate of citizens' rights at Waco, 82 people would still be alive today.
          However, the FBI has warned the Freemen that the velvet glove contains an iron fist and we still may see the kinds of brutal attacks we saw at Waco.  This despite the fact that Freemen have killed no federal agents and the fact that we have not heard of the Freeman having any vast stores of food.  Inevitably, they will come out.  However, fearful of the prospect that someday they may face hundreds of Davidian/Freemen/Randy Weaver situations as the uppity people protest the ever tightening federal thumb screws of laws and taxes, federal agents may try to make one more example of the Freemen--execution without trial remains a favorite tactic of tyrants.

END WACO UPDATE - MAY 8, 1996


WACO UPDATE - AUGUST 8, 1996

Carol Moore
Member, Committee for Waco Justice
Author, The Davidian Massacre

DAVIDIAN APPEALS MORE HOPEFUL THAN REPORTED IN NEWS
          While speaking with one of the Davidian appeals attorneys who had read the Fifth Circuit Court of Appeals 90 page ruling on the appeals of six Branch Davidians, I discovered there were some hopeful rulings and options which Associated Press and Reuters reporters failed to report.  News reports were accurate that the convictions of six Davidians were affirmed.  Renos Avraam, Brad Branch, Jaime Castillo and Kevin Whitecliff received 40 years each for aiding and abetting voluntary manslaughter and carrying a weapon in commission of the crime of conspiracy to murder federal agents--a crime of which the jury found them innocent.  Found guilty on illegal weapons charges, Graeme Craddock received a 20 year sentence and Paul Fatta 15 years.
          However, news reports failed to mention that there was some good news.  First, the judges ruled that *if* another appeals court currently considering whether the federal government has the right to regulate/ban automatic weapons rules it cannot, Fatta's conviction can be set aside and he can be released.  (Of course, no evidence was presented at trial that Fatta knew that the two weapons he had bought allegedly were converted to automatics, but the judges did not let that lack of evidence sway their decision.)
          Even more promisingly, four Davidians could have 25 years cut off their sentences because appeals judges found that the additional 25 year sentences Judge Walter J. Smith gave them for allegedly using an *illegal* weapon were invalid under the recent Supreme Court decision in the Bailey case.  That case held that prosecutors have to prove that the individual knew he/she had an illegal weapon.  (The judges *upheld* the confused jury's finding that the Davidians used a weapon during the crime of conspiracy to kill federal agents--even though they found them innocent of conspiracy.)
          Unfortunately, the appeals judges sent this decision on sentencing back to the notoriously anti-Davidian Judge Smith.  He will have to decide if there is evidence in the trial record that any Davidian had, and knew he had, illegal weapons on February 28,1993 during the BATF attack on the Branch Davidians during which four federal agents and six Davidians died.  If he cannot provide such evidence, he can sentence them to only 5 years in prison for carrying a weapon.  (They each received the maximum 10 years for aiding and abetting voluntary manslaughter.)
          However, before this decision is sent back to Judge Smith, the attorneys will be filing a joint brief with all 15 appeals judges asking that they *all* review and decide the Davidian appeals.  Attorneys are basing this on several factors: the strong dissent by Judge Schwartzer, who said the weapons charge should be thrown out because of insufficient evidence of conspiracy and that the Davidians should be retried on the aiding and abetting manslaughter charge because their was ample evidence they acted in self-defense (even though Judge Smith would not allow the jury to consider such a defense); the fact that this is such a politically and legally significant case; and the fact that other circuit courts have found that *only* the jury can decide if defendants had illegal weapons while the Fifth Circuit has now ruled the judge can make that decision.  When there is a conflict between different circuit court rulings, such cases usually go to the Supreme Court.  While circuit courts reject most such briefs, there is still an outside chance all the appeals judges will hear the case.
          If the appeals judges reject the case, the Davidian attorneys will be filing briefs with Judge Smith asserting that there is no credible evidence the defendants had or knew they had illegal weapons on February 28, 1993, when the four BATF agents died.  The only such "evidence" is BATF agents allegations they heard automatic gunfire coming from the building, the FBI's allegations that 48 weapons found after the fire were illegally converted to automatic (there has never been an independent verification of this), a jail house snitch's dubious accusation a Davidian confessed he used such a weapon on February 28, and Davidian Kathryn Schroeder's trial testimony some Davidians had automatic weapons after February 28.  If Judge Smith tries to argue there is sufficient evidence to justify the additional 25 year sentences, Davidian attorneys also can appeal that decision to the Fifth Circuit Court of Appeals.
          Overall, there remains the faint hope that the whole Fifth Circuit will hear the case and give some of the Davidians new trials and the somewhat better chance that the 25 year sentences will be dropped.   Unfortunately, the decision is a great boon to Judge Smith, who has been busy deciding whether he would recuse (remove) himself from judging the 3 billion dollar Davidian civil suits against federal officials and agents, as the civil suit attorneys demanded he do in briefs filed six weeks ago.   Because the appeals judges have upheld his decisions in the Davidian trial--only finding a minor error in sentencing--he probably feels confidant to take on the civil suits.  Civil suit attorneys assume he will do what he did with the first such civil suit--throw the cases out entirely.

LETTER FROM PRISONER LIVINGSTONE FAGAN
          Davidian prisoner Livingstone Fagan, also sentenced to 40 years for aiding and abetting voluntary manslaughter and weapons charges, refused to appeal his conviction and sentence in the belief that God, not "man," would set him free.   He also has been non-cooperating with prison authorities by refusing to work during the two years he has been in federal custody.  He has been in solitary confinement that whole time, allowed out of his cell only an hour a day (until his most recent incarceration) and allowed only sporadic phone privileges.  Six weeks ago he was moved to one of the oldest, most decrepit prison in the federal systems, that at Leavenworth, Kansas.  Here is how he describes his experience from a recent letter to me:
          (First he complains that they have not allowed him his two allotted phone calls during his time there and that it took him two weeks to get any stamps.)
          "The physical conditions are equally as bad.  The solitary unit is a noticeably old building.  My floor holds 300 captives.  At this time of the year Kansas is quite hot.  There is no air conditioning.  The windows are kept permanently open.  A series of makeshift fans have been installed. They are on 24 hours a day.  The combined noise from them is deafening.  You have to wear earplugs (not supplied) and raise your voice to communicate.  Sleeping is a chore.  Further, I'm held in a 4x10 cell designed for one but because of overcrowding houses two.  Imagine being locked up 24 hours a day under such conditions.  What is worse, people are being locked in solitary at the will of the administration for the most trivial of things.  There seems to be the prevailing attitude among the staff of reminding captives of who's the Boss!  It is both tedious and demoralizing.  So much for rehabilitation! Nevertheless, the captives held under these conditions have shown remarkable patience.
          I witnessed one situation where the floor was flooded.  While being taking to recreation, both hands handcuffed, a captive slipped and fell on his face and broke his tooth.
          I myself did object to having someone placed in my cell in the light of the conditions mentioned above.  I stood with my arms on the bars.  The guard threatened to break them if I did not remove them.  Believe me this is no vacation!
          Still, God sits on a Throne! We're approaching the end of our prophetic journey.  Please convey my fondest regards to those who have shown us compassion in our bonds.  They are the salt of the earth and heirs of the Kingdom of God. (Matthew 25:31-46)"

          Needless to say, this is the fate that awaits many who even contemplate resistance to the ever increasing power of the state.  If the Davidians, who were attacked by a huge, unnecessary force of federal agents who shot first, and from helicopters, can be locked up for 40 years for defending themselves, federal agents will continue to feel justified in such attacks.  Just because they are currently on a short leash, as proved by the Freemen situation, does not mean they will remain so--especially in cases where individuals and groups are accused of killing federal agents.  As we have seen, several groups of militia activists have already been caught up in "conspiracy" charges--i.e., they talked so much about the possibility that they would have to use violent resistance in the future, and engaged in legal weapons-related activity, while hanging out with government agents (provocateurs?) that they now are accused of planning it for the near term.
          Even as an advocate of non-violent action, I worry about making the wrong joke or speaking a little too indistinctly or ambiguously into the wrong government tap.  I'm just wondering how long it will be before they start locking up on conspiracy charges those who advocate "war tax resistance" (which so far has *not* led to many prosecutions, as opposed to constitutionalist tax resistance) or for organizing things like non-violently blocking traffic and sitting in at government facilities.   Even as a pro-choicer, I'm bothered by the RICO laws being used against Operation Rescue.  Nevertheless, non-violent action remains the best option because even advocacy of violent action after some big government crackdown scares the heck out of the general public, making them think that such a crackdown is necessary!!  Fear, not reason, remains the biggest political motivator.

DAVID KORESH MUSIC AVAILABLE ON TAPE
          Davidian survivor Clive Doyle and David Koresh's mother Bonnie Haldeman have put together a compilation of David Koresh's music called "Songs for Grandpa."  It is $10.  Write them also to donate money for the memorial, the survivors and the prisoners or to ask for their price list of books and audio and video tapes by and about Koresh, the Davidians and federal crimes against them.  Mount Carmel Survivors Memorial Fund, Box 120, Axtell, TX 76624.  (Including videos "Day 51" and of Davidians speaking from inside Mount Carmel during the siege.)

WACO AND FBI/WHITE HOUSE COVER-UPS
          Congressional leaders like William Clinger and Robert Livingstone have been leading inquiries into and expressing outrage over the FBI's incestuous relationship with the Clinton White House.  FBI gave White House underlings of dubious repute 900 confidential files, mostly of Republicans who no longer worked at the White House.  FBI General Counsel Howard Shapiro leaked two pieces of sensitive information to the White House: an under-FBI-review copy of former FBI agent Gary Aldrich's book "Unlimited Access" which contains juicy stories of his days stationed in the Clinton White House; and the fact that Representative Clinger was about to review FBI agent Dennis Sculimbrene's 1993 notes revealing that Bernard Nussbaum told him Hillary Clinton wanted the sleazy dirty trickster Craig Livingstone hired as head of White House security.  Shapiro did not even bother to inform the Independent Counsel Kenneth Starr about this--but he did send two agents to Sculimbrene's house to question him about his notes.  Representative Livingstone has demanded Shapiro resign over this serious leak of information in an ongoing investigation. (It seems to me he also demanded FBI Director Louis Freeh resign, but I can't find that article at the moment.)
          Why are the FBI and the White House so cosy? Is it only because of Bill Clinton and Louis Freeh's close friendship?  Or could it be because both the FBI and the White House have developed such an emotional commitment to covering up each other's participation in the massacre of 82 civilians outside of Waco, Texas in 1993?  Unfortunately, the U.S. Congress is also covering up for BATF and the FBI, as I have frequently reported herein.
          Nevertheless, the Committee will be writing a letter to Clinger, Livingstone and selected other representatives (and enclosing a copy of my book THE DAVIDIAN MASSACRE, as well as other attachments) and demanding they recognize and investigate more fully aspects of unintentional and intentional homicide at Waco that Congress has ignored or denied.  This massacre and its coverup are continuing to undermine what  little democracy and liberty we have left in America.

JUSTICE DEPARTMENT EXONERATES DAVIDIAN PROSECUTORS
          In July of 1994 the Committee for Waco Justice filed a complaint with the Justice Department's Office of Professional Responsibility, followed by several amended complaints, alleging prosecutorial misconduct by Davidian prosecutors Ray Jahn, Bill Johnston and John Phinizy.  Our complaints included information first revealed during the July, 1995 House hearings that the Justice Department and Jahn had stopped interviews of BATF agents because they were fearful of producing "exculpatory material" that might prove Davidians acted in self-defense or were otherwise innocent of crimes and lead to acquittals of Davidians at trial.
          The Justice Department "forgot" to send us the results of their inquiry, but did so after I called them in May.  On June 14, 1995 Joan L. Goldfrank, Assistant counsel, wrote us: "Based on the results of our inquiry , we have determined that the allegations are unsubstantiated.  Accordingly, we consider this matter closed."  We'll be sending that letter along with our letters to Clinger, Livingstone and other representatives.

END UPDATE AUGUST 8, 1996


C0MMITTEE FOR WACO JUSTICE ALERT  – OCTOBER 5, 1996
From: Carol Moore, member

GUARD ASSAULTS DAVIDIAN PRISONER
        I received the following in a letter dated September 28, 1996  from Davidian prisoner Livingstone Faganwho is serving 40 years and is currentlyin "solitary" confinement at Leavenworth.He spends 24 hours a day in 4x8 cell with another inmate.

Please Help Livingstone Fagan by complaining to the following: (addresses omitted)  The more calls/letters they get, the less likely this will happen agan.

END COMMITTEE ALERT OCTOBER 5, 1996