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WACO NEWS
1996
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.
Ordinarily the above would be considered attempted murder. In here it seems to be the norm -- the inquisition continues. I had tended not to report these incidents, not wanting to appear as though I'm whining. I'm not. This is only for informational purposes. It is not uncommon for people to be killed in these institutions and it be reported as self- inflicted. In the event of my premature death, I think it prudent that there be someone independent who is aware of the preceding circumstances leading to this event, thus averting such fabrication.
END COMMITTEE ALERT OCTOBER 5, 1996