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Appendix A
Chief Willie Williams' Report
September 22, 1993
The Honorable Lloyd Bentsen
Secretary of the Treasury
U.S. Department of the Treasury
1500 Pennsylvania Avenue, N.W.
Washington, D.C. 20220
Dear Mr. Secretary:
I am pleased to submit my comments as an independent reviewer of the
Waco
Administrative Review. I have found that the investigative team which
you
assembled is of the highest quality and integrity. These men and women
have
worked tirelessly to uncover the facts surrounding the events which
led up to
and included the raid on David Koresh's residence near Waco, Texas,
on the
28th of February 1993.
I arranged my thoughts focusing first on the propriety to
investigate
Mr.
Koresh, and second on the facts surrounding the probable cause to seek
a
Search Warrant and Arrest Warrant. I then moved to the tactical
operation
on
the 28th of February. My comments address the serious issues of
managerial
oversight by both the Treasury Department and the Bureau of Alcohol,
Tobacco
and Firearms. Training is discussed as I conclude my comments by
offering
several insights which I believe will help both the Bureau of Alcohol,
Tobacco
and Firearms and the Treasury Department continue to serve this country
in the
manner we have come to expect.
It has been a pleasure to assist you in this very important undertaking.
Very truly yours,
[Signed]
WILLIE L. WILLIAMS
Chief of Police
Los Angeles, California
Enclosure
Report for the Waco Administrative Review
Independent
Reviewer Report
My first comments go the brave men and women of the Bureau of
Alcohol,
Tobacco and Firearms (A.T.F.) who were involved in the service of the
Search Warrant at the Branch Davidian compound in Waco, Texas. These
federal officers had a difficult task to accomplish if everything in
the
plan had worked as designed. The plan unraveled and the raiding party
was
ambushed and assaulted with the type of firepower that no municipal
or
federal law enforcement agency had ever before experienced.
The men and women in the A.T.F. SRTs, when faced with overwhelming
gunfire, still made every attempt to meet and complete their objective.
Several acts of bravery saved lives and prevented further serious
injury
to members of the warrant service teams. All of these agents should
be
commended for their actions.
2. The Special Investigative Team
The team of investigators assembled by the Treasury Department are,
in my
opinion, among the most experienced and knowledgeable that one could
ask
to conduct such a critical review. I am pleased to report that the
investigative review was conducted with the highest degree of honesty
and
integrity.
Mr. Ronald K. Noble, Assistant Secretary (Enforcement) is to be
complimented for his leadership of this review. Mr. Noble has been
quite
candid and insisted that no stone be left unturned in the quest for
what
occurred in the planning, execution, and recovery after the A.T.F.
raid
in Waco, Texas.
Appropriateness of the investigation of David Koresh
The investigative report is correct when it asserts that A.T.F. had
probable cause to investigate David Koresh for his purchases of huge
amounts of weapons parts, firearms and ammunition. The purchase of
many
of these parts was done for an illegal purpose -- that is to assemble
prohibited weapons. It was appropriate to conduct a full investigation
when it became apparent that David Koresh had also unlawfully purchased
AR-15 lower receivers which could be used to convert semi-automatic
rifles into fully automatic weapons similar to M-16 machine guns. This
type of information, coupled with other intelligence, was more than
enough to justify the opening of an investigative case on David
Koresh
who resided with others known as the Branch Davidians.
4. Justification to seek Search Warrants and Arrest Warrants
The evidence which the A.T.F. investigators accumulated to justify
seeking either arrest warrants or search warrants was more than
sufficient by January/February 1993.
It was known that Koresh had received M-16 parts which could be used
to
convert AR-15 semi-automatic rifles into fully automatic weapons. It
had
also been verified that Koresh had purchased AR-15 weapons. When A.T.F.
investigators learned that an arms dealer had intentionally lied to
them
and tried to hide the purchase of AR-15 lower receivers by Koresh,
this
further strengthened the evidence that Koresh was unlawfully possessing
and manufacturing machine guns or converted fully automatic weapons.
Investigators also had evidence that Koresh had in his possession
gunpowder and other ignition items which, when coupled with the grenade
shells he purchased, gave him the ingredient~s to manufacture live
grenades.
The A.T.F. investigators consulted with the U.S. Attorney's office
during
the investigation and did in fact secure a Search Warrant for the
Branch
Davidian Compound from a Magistrate Judge.
5. The Tactical Operation of February 28th, 1993
The tactical operation planned by A.T.F. personnel was designed with
several key assumptions being present to ensure a reasonable chance
of
success. These critical success factors include the following.
A. Surprise arrival of the A.T.F. SRTs and the inability of the
persons
in Koresh's compound to have time to react to the these events. This
was
a key critical success factor.
B. Finding most of the men outside and working in the pit area north
of
the compound.
C. The quick and successful entry of the compound by designated SRTs
and
the separation of persons inside from weapons in the upstairs arms
room.
D. Seizing the arms room by surprise entry from outside while the
residents were being detained both outside in the pit area and on the
first floor of the compound.
An examination of the planning for the operation indicates that
there
is
no copy of the entire raid plan available. It is apparent that the
planners had the raid plan in their heads but never reduced it to
writing. This omission led to a series of later failures by all
personnel
involved in the planned operation to have an opportunity to review
a
completed plan and question the assumptions. This lack of a completed
written plan also ensured that all those agents who should have had
a
clear understanding of what was expected of them and others did not.
This
is made very clear when you examine the type of information and
direction
given to the agents in the undercover house.
The fact of not having a clear written plan which listed the
critical
success factors almost ensured from the start, that when these success
factors began to unravel, no one would grasp the significance of the
unfolding events.
When examined in totality some reviewers agree that the plan was not
well
thought-out. The reasons include: no provision for contingencies; a
less
than adequate command and control of the SRTs and their support units;
the failure to design-an intelligence system which gathered all pieces
of
data and provided an analysis of this information; the failure of
adequate oversight from senior A.T.F. management and the Office of
the
Assistant Secretary of Treasury for Enforcement; and insufficient
reserve
personnel available or enough first aid and medical support on site.
After reviewing interviews conducted with A.T.F. personnel who
planned
the raid on February 28th, and all of those who had support or other
roles in the planning, it is my belief that the planners never thought
about, nor planned for a partial or full failure of the operation.
This,
in my opinion, is one of the greatest failures of management in A.T.F.
6. Management Oversight - Structural Deficiencies
The management oversight responsibilities between the Treasury
Department
and A.T.F. must be re-examined. At the time of the Waco raid on
February
28th, 1993, there was no written policy delineating areas of
responsibility that for example, required A.T.F. to notify anyone in
the
Treasury Department that A.T.F. was planning, or about to implement
a
raid such as the one planned and executed on February 28th. There was
no
policy that required the notification of the Treasury Department when
an
investigation of the magnitude of this one was contemplated or had
already begun.
The lack of active oversight by the Office of the Assistant
Secretary
for
Enforcement, Treasury Department, was one reason that there was no
early
notification by A.T.F. of the Waco raid. The fact that this was the
same
policy for several years only magnifies the problem. The investigative
report correctly points out that had oversight taken place, many
questions which needed to be asked may have come up much earlier.
The investigative report correctly states that had the Office of
Enforcement been involved in the early planning stages, its
intervention
might have led the planners to reevaluate the faulty factual
assumptions
on which they had relied. This failure contributed to a condition where
little or no analysis of intelligence information was made by those
at
A.T.F. headquarters or at the Treasury Department.
The understanding of the importance of intelligence and the
operational
decisions which were being built around these assumptions was
inadequate
at nearly every level of ATF's management from the command personnel
in
Texas who planned and executed the raid, to personnel at the National
Command Center to-the leadership at A.T.F. Headquarters. Moreover,
because such matters were outside the scope of the Office of
Enforcement's defined responsibilities, the office did not have an
adequate opportunity to rigorously scrutinize these matters.
7. Training Issues
This report points out several areas where training is needed in
areas
such as command and control decision-making. Training is needed at
all
levels on the importance of understanding what is meant by intelligence
gathering, how to analyze it and most importantly how to build a
tactical
operation around the facts and assumptions based on an investigation
and
the intelligence gathered. It is very apparent that senior managers
in
A.T.F. need advanced training in Media Relations. This investigation
shows that the A.T.F. leaders in Texas never successfully managed the
growing interest by the media in both the Branch Davidians and the
escalating activities by A.T.F. personnel in and around Waco, Texas.
Training is required to ensure that all members of A.T.F.,
particularly
field supervisors, have the requisite skills necessary to plan and
execute an investigation and operation such as the raid on the compound
of David Koresh.
I will not go into detail about all of the other training issues,
but
they
include command and control skills for SRT operations and particularly
the SRT
team leaders. Training must include how to set up an undercover
operation
and
what is expected of the undercover operatives. In this case, the agents
in the
undercover house were never given a clear mission. The agents in the
undercover house as an example, were never told of the raid planners'
assumption that the men in the compound would be outside when the raid
began.
CONCLUDING COMMENTS:
I was asked to be an independent reviewer of the work product of the
Waco
Administrative Review Team's report to the Secretary of Treasury.
The investigation team conducted an exhaustive and thorough review
of
the
events which led up to the raid on February 28th. The investigative
team's
report also offers clear and factual analysis of the events as they
unfolded
and what caused the plan to disintegrate as the first SRT personnel
alighted
from the cattle trailers.
The investigative report appropriately identifies improper planning
and offers
guidance to help ensure that A.T.F. does not repeat the same errors
in the
future.
I would recommend that upon review of the investigative report and
each
of the
Independent Reviewers' Reports, that the following should be
undertaken.
1. New procedures must be put in place to ensure appropriate
oversight
by the
Department of Treasury with each of its subordinate agencies.
2. The Director of A.T.F. and the other senior managers in
headquarters
must
take a more active role in oversight of field operations, especially
when they
are potentially of the magnitude of the David Koresh investigation.
3. A.T.F. must examine its goals and objectives and determine what
type
of
enforcement role it is going to require its agents to fulfill. Once
that role
is determined then it is the responsibility of both A.T.F. and the
Treasury
Department to ensure that the employees receive the training necessary
to meet
the objectives of the organization.
Expert Reports
Tactical Operations Experts
(alphabetically by author)
Wade Y. Ishimoto
John A. Kolman
George Morrison
John J. Murphy
Rod Paschall
Robert A. Sobocienski
AN INDEPENDENT ASSESSMENT
OF THE BUREAU OF ALCOHOL, TOBACCO & FIREARMS
RAID OF THE BRANCH DAVIDIAN COMPOUND IN WACO, TEXAS
PREPARED BY:
Wade Y. Ishimoto, Consultant
FOR THE U.S. DEPARTMENT OF TREASURY
August 16, 1993
TABLE OF CONTENTS
Executive Summary
....................................
B-9
I.
Introduction.......................................
B-11
II. Command and
Control...............................
B-11
III.
Intelligence.......................................
B-17
IV. Operations Security
..............................
B-21
V. Training and Exercises
............................
B-22
VI. Support Operations
...............................
B-23
VII. Weaponry, Armament, and
Other Equipment
.........
B-27
VIII.Concluding Remarks
................................
B-28
EXECUTIVE SUMMARY
This Executive Summary is prepared in response to the major concerns
raised during my tenure on the
Department of Treasury's Waco Review team. My remarks represent
independent
analysis, and that analysis is
found in the body of this report. The body of the report also addresses
a number of potential improvements
which are not discussed in this Executive Summary.
I. The Bureau of Alcohol, Tobacco, and Firearms (ATF) raid plan, as
conceived, had a reasonable chance of
success.
II. The critical success factors for the raid plan were not
necessarily
recognized nor understood by the leaders
of the ATF operation because of inexperience or lack of training. The
leaders I refer to extend from the Special
Response Team (SRT) Leaders all the way to the ATF Director. These
critical success factors were:
a. Surprise consisting specifically of:
(1) Insufficient advance warning of the impending raid to allow cult members to arm and deploy.
(2) The
Branch
Davidians not understanding the significance of the trucks/cattle
trailers
until these
vehicles were at least at the intersection of the compound road and
Double EE Ranch Road which would have
provided about 30 to 45 seconds of advance warning. The Branch
Davidians
would have found it difficult to arm
and deploy themselves in the manner witnessed during the actual
execution
of the search and arrest warrants.
b. Isolation of the majority of the cult's
weapons and ammunition from cult members through seizure of the
arms room located next to Vernon Howell's living quarters.
c. Successful entry by the ATF SRTs through
the front door of the compound which was critical to
separating cult members from the bulk of their weapons in the arms
room.
d. Finding the men in the compound working
in the outdoor (excavated pit or underground) area to the
North of the compound.
III. The reason for the raid's failure is directly attributable to
the
fact that the critical success factors defined
in II. above were, at best, only partially achieved. The fact that
the cult members were armed and deployed as
ATF deployed from their cattle trailers is particularly relevant.
IV. When viewed in totality, the raid plan was not well conceived
regardless
of my opinion that it had a
reasonable chance of success. The plan did not provide for
contingencies,
lacked depth, and did not provide
adequate command and control of support and tactical forces. My
assessment
is that the SRTs possessed the
minimal amount of training and experience to meet the raid's
objectives.
However, in an operation of this
magnitude, the SRTs require equally well-
trained and experienced command, control, and support personnel.
These
personnel lacked a requisite amount
of training and experience.
V. Other factors that contributed to the subsequent loss of life and failure to complete the mission include:
a. A complex command, control, and communications mechanism.
b. Less than adequate training in a number of different areas.
c. An intelligence system which was weak.
d. A lack of well-developed Operations Security (OPSEC) policy and procedures.
e. Equipment limitations.
f. Task organization that principally centered on SRT actions.
g. A lack of reserve forces.
h. A plan that was not developed in-depth to include contingency actions.
These and other factors pertinent to future success are discussed in the main body of this report.
VI. Key Recommendations and Findings:
a. ATF will require a future and continuing
SRT capability as long as that organization continues to have an
enforcement versus compliance-only mission.
b. Improvements are required in policy and
procedural guidance pertinent to high risk operations requiring
the use of ATF SRTs. This guidance must include command and control
matters, technical support
(communications and surveillance), investigative techniques to include
electronic monitoring, intelligence in
support of tactical operations, reorganization of SRTs to include
Forward
Observers, media relations, OPSEC,
use of the military, equipment to include armament, and training.
c. The key to success in raid operations,
no
matter how large or small, always resides in the field and with
field personnel. The actions of ATF Headquarters personnel on February
28, 1993, did not significantly
contribute to the success or failure of the mission. The proper role
for ATF Headquarters is one of planning
oversight, plan approval, and resource allocation prior to execution
of the operation. All parties must
strenuously avoid trying to run a field operation from a headquarters
location with subsequent
micro-management and loss of decisive action and decision-making in
the field.
I. INTRODUCTION
The missions of the Bureau of Alcohol, Tobacco, and Firearms (ATF)
bring
the men and women of this agency
face-to-face with a wide variety of criminal adversaries. The very
nature of the laws they must enforce in the
firearms and explosives arena virtually ensures that ATF agents are
subject to life-threatening situations in a
high percentage of their operations. They are also subject to a great
deal of public criticism from special
interest groups who are particularly vociferous over ATF enforcement
of firearms statutes.
During the last decade and a half, ATF's mission has expanded to
meet
greater criminal sophistication in the
use of explosives and firearms. Explosive attacks have always been
a favored tactic of those who wish to
terrorize the public; and the use of automatic weapons has also become
much more prevalent in the execution
of crimes.
I respect the difficulty of the ATF mission along with the
dedication
and bravery of their personnel. The death
of four agents and the wounding of sixteen in one action is
unprecedented
in American law enforcement.
After-the-fact criticism and "Monday-morning quarterbacking" are very
easy traps to fall into and made
preparation of this report difficult.
However, my review of the Branch Davidian event detects a very
definite
need to provide ATF personnel with
additional tools to allow them to better deal with situations like
they faced in Waco, Texas. These tools include
more defined policy in some areas, the need for written procedural
references, training, and some equipment. I
attempt to avoid individual criticism as that is a matter best left
to Department of Treasury personnel.
Unfortunately, my analysis also discovers some questionable individual
performance; and I would be remiss not
to discuss these possible shortcomings.
II. COMMAND AND CONTROL
A. ATF Headquarters
1. Concerns
over
the role of ATF Headquarters in commanding and controlling large raid
operations are expressed by members of Congress, Treasury officials,
and by ATF personnel at all levels.
These concerns evolve around possible poor performance and future roles
for ATF headquarters personnel.
a. I believe the overall performance of ATF Headquarters in command and
control of the
Waco raid was adequate except in the area of providing pre-raid support
to the field. The
headquarters role included plan review and approval, provision of
oversight
(e.g., asking of questions pertinent
to the investigation and need for a raid, and involvement of the
Special
Operations Division), and provision of
support.
b. There are two matters which I believe are worthy of further inquiry.
The first is whether
the raid could have been conducted earlier in February and the second
concerns procedures to obtain military
support.
With respect to the possibility of conducting the raid earlier in
February,
there are reports that the Houston
office proposed conducting the raid a week before February 28, 1993.
This meeting was supposedly postponed
because some key Headquarters personnel were unavailable. This implies
that the raid could have occurred
prior to publication of the Waco Tribune article and any subsequent
rise in awareness or paranoia by the
Branch Davidians. This is speculation but is worthy of additional
inquiry
to determine whether there is a
need to improve ATF policy and procedures with respect to approval
of an operation.
Based on my review, I am not confident that ATF Headquarters
understands
and has appropriate
policy to obtain military support for large-scale operations. The ATF
Military Liaison Officer appears
to be assigned from the Office of the Department of Defense (DOD)
Coordinator
for Drug Enforcement Policy
and Support. Interviews indicate that statements were made by the
Military
Liaison Officer that
narcotics-related activity was needed to justify military support.
If true, those statements are contrary to
existing DOD policy which permits support to law enforcement on a
reimbursable
basis. The alleged Branch
Davidian narcotics activity was tenuous, at best, and subjected ATF
to intense scrutiny by Congress. In
addition, the Special Operations Branch Chief does not appear to
understand
how military support is obtained.
This is unacceptable since the Military Liaison Officer works for the
Branch Chief and proper oversight cannot
occur unless the Branch Chief has a better understanding of this
matter.
Finally, field personnel also appear to
only understand how to obtain military support through
narcotics-related
activity.
c. Other headquarters shortfalls include a policy which limits the
firepower
available to the
field; limited ability to provide intelligence support; a lack of
understanding
of electronic surveillance
operations; and not providing additional technical support to the
field.
d. Over-reaction to the proper role of ATF Headquarters in command and
control of
future operations must be avoided. Studious attempts must be made to
avoid micro-management and the
accompanying deleterious effect it will have on decisive action and
decision-making in the field. The key to
success in raid operations resides in the field and with field
personnel.
I believe that the proper role for ATF
Headquarters is planning oversight, plan approval and resource
allocation
prior to the conduct of an operation.
Recommendations:
Existing ATF policy and procedures should be reviewed to ensure that
streamlined plan approval with
appropriate oversight will occur in the future.
Military support policy should be fully documented and either
included
or referred to in the National Response
Plan for ATF.
The policy on electronic surveillance should be reviewed and
consideration
given to improving ATF capabilities
to include possible augmentation of field personnel from headquarters.
(Note: The FBI has had a long-standing
plan and capability to augment their Field Divisions during crisis
situations.)
The ATF National Response Plan should be modified to better define
the
role of ATF Headquarters and their
field organizations.
2. The
National
Response Plan (NRP) provides a basis for planning any future operation
of the
magnitude encountered in Waco.
a. A very necessary first step towards a mature planning process was
taken
with the creation of the
NRP. As in any initial endeavor, the NRP can be improved.
b. The NRP, as currently written, is a combination of a Headquarters
policy
document along with
providing a variety of procedural guidance. Some of the procedural
guidance is quite detailed (e.g., the logistical
support officer being responsible for obtaining water) while some of
it does not address important concepts. For
example, there is no conceptual guidance concerning command post
operation
and selection of a command post
location.
c. Recommendations:
The NRP should be reviewed and modified in light of the Waco incident.
The military model of a stand-alone policy document (e.g., a
Department
of Army Regulation) with separate
implementation and procedural guidance (e.g., Field Manuals) should
be considered versus one all-encompassing
document.
Implementation and procedural guidance should be expanded and
training
in the NRP conducted for anyone
that is an ATF supervisor.
B. Field Command, Control, and Planning
1. The
Command,
Control, and Communications mechanism for the raid was complex, and a
comprehensive understanding of roles and missions for the organization
was not evident.
a. At the individual SRT level (e.g., Houston) command, control, and
communications
was
established in an adequate manner except for two matters. First, it
is not evident that a chain of command
within the individual SRTs was established to provide for leadership
succession in the event that the leader
became disabled. Secondly, the Forward Observers did not appear to
be in direct support of a specific team and
the teams could not directly communicate with the Forward Observers.
The Forward Observers provide a
means of
both information/intelligence and "heavy" fire support (i.e.,
rifles)
which may be used as an essential element of
a raid or to assist in contingency situations.
b. The chain of command and specific role for the Forward Observers was
not clear. The interviews
of the Forward Observers reflect this observation and the fact that
they had different understandings of their
rules of engagement and to whom they were responsive. The military
would describe the Forward Observer
role on the raid as being in General Support of the operation versus
Direct Support (e.g., directed to support a
specific SRT). Both concepts have their merits, but a direct support
role is generally favored for raid
operations. The net result on the Waco raid was that the Forward
Observers
were not positioned
advantageously (i.e., to provide adequate coverage of the compound
in a timely manner) and could have been
used more effectively in an information gathering role (e.g.,
determining
whether compound members were
deployed or working in the pit area).
c. The focus on command and control was on the SRTs. I believe that the
same statement applies to
planning matters. The coordination of other agencies appeared to be
in the hands of one individual, Phil Lewis,
at the Texas State Technical College (TSTC) Command Post (CP). He
performed
admirably, but the system
and process should provide for better coordination of activities with
outside agencies and more than one
individual from ATF tasked with this responsibility.
d. The TSTC CP did not function well. The Incident Commander was
airborne
and was therefore
less able to command and control activities. There did not appear to
be an adequate means of providing status
information to other agencies from the CP, much less to ATF personnel.
Roles and missions were not
adequately stated to these staffmembers. These observations reflect
the need for policy and procedural
guidance along with training of personnel.
e. The equivalent of a Tactical Operations Center (TOC) was not
established.
Whereas field CPs
normally concentrate on interagency coordination and overall command
and control, a TOC focuses on the
tactical aspects of the operation. In a TOC, Forward Observer
information
may be consolidated and analyzed,
reserve forces deployed and coordinated (these were not available at
Waco except from outside agencies),
negotiations with suspects conducted (this was a happenstance), and
other matters directly important to the
success of the tactical mission coordinated and controlled. The TOC
needs to be staffed with personnel who
have defined roles and responsibilities. The Tactical Coordinator may
choose to operate from a TOC or, as was
the case at Waco, forward with the SRTs. The Undercover (U/C) house
was suitable as a TOC and had some
TOC type functions under ASAC Cavanaugh, but in reality did not contain
the staffing nor the planning of a
true TOC. One of the advantages of commanding from a TOC was evident
when Cavanaugh became the person
most able to coordinate tactical activities versus ASAC Sarabyn who
was pinned down in a firefight. The
Tactical Coordinator unfortunately chose a position where he was at
the forward edge of the battle and less
able to command and control the SRTs...I believe this illustrates the
need for better procedural guidance and
training versus individual negligence on the part of Sarabyn.
f. The plan was developed principally by SRT personnel whose focus was
primarily in actions at the
compound. My observation is that they could have benefitted from
trained
staffplanning assistance. This is
especially true in intelligence support which is addressed later in
this report.
g. ATF personnel (possibly due to inexperience coupled with policy and
procedural guidance gaps)
sought advice, guidance, and assistance from persons and agencies who
were not the best qualified to provide
such help. This comment is particularly pointed at the manner in which
military support was obtained. For
example, there are reports that ATF went to Operation Alliance (a
counter-narcotics
related organizational
grouping) to request military support. The ATF Headquarters Military
Liaison Officer could have gone through
the Department of Defense (DOD) Director of Military Support (DOMS)
organization to obtain more complete
military support. In another example, ATF appeared to be ill-advised
by a member of the Texas Governor's
staff to use the Texas National Guard for various operations with a
strong implication that such support could
be provided for free if there were a narcotics relationship...tenuous
at best. A third example is the use of a
Special Forces Communications NCO to design and "approve" the
communications
network. Additional
observations on military support are found in other sections of this
report.
2.
Inexperience
in crisis management and operational planning skills for a large scale
operation such as
Waco was clearly evident in the planning and execution of the raid.
The lack of a written operations order is
one indication of this inexperience. Other examples include:
a. The lack of in-depth planning for contingencies as witnessed by the
lack of an alternative means
of entry should the first fail; and an "Oh shit" plan consisting of
running away from the compound rather than
using supporting fire and maneuver or the use of armored vehicles to
provide cover and to recover personnel.
b. The briefings that I observed on videotape (one at Fort Hood and one
in Waco) are reflective of
this inexperience. The briefings rambled instead of focusing on key
issues and presenting information
succinctly.
c. The lack of a functional staff (no matter how reduced in size) at a
TOC location or in the CP are
also indicative of inexperience, the need for more training, and the
need for additional procedural guidance on
command and control matters.
d. The lack of depth in the communications plan, undercover house
operation,
the medical plan, and
media plan are also indicative of inexperience.
e. The failure to conduct the Mag Bag raid resulted in a fire fight and
additional actions to
apprehend suspects. These actions would not have been necessary if
the plan to raid the Mag Bag had been
executed as planned.
3. The number
of courses of action and tactical options available to ATF were limited
because of
limitations on equipment, training, experience, and policy along with
the presence of presumably innocent
children and females.
a. Equipment considerations are discussed elsewhere in this report and
include the paucity of night
vision equipment, technical surveillance equipment, and restrictions
on weaponry. The decision to follow the
advice of a member of the Texas Governor's staff may have caused
problems
with ATF not receiving better
helicopter capability and armored vehicles. Going through the
military's
DOMS mechanism for military support
rather than Operation Alliance and Joint Task Force (JTF) 6 might have
made a difference in ATF getting
smoke generating devices, armored vehicles, and other assistance.
b. Training and experience gaps are reflected throughout this report.
The
training gaps can be
remedied and, if done properly, can make up for the lack of experience.
Training is addressed in greater detail
elsewhere in this report.
c. Policy limitations which impacted on the operation included
restrictions
on weaponry, restrictions
on chemical agents and distraction devices, uncertainty over electronic
surveillance issues, and failure of policy
to address the provision of military support through the DOMS
organization.
4. The raid
plan
lacked depth and did not provide for adequate consideration of
contingencies.
Improvement in these matters can be attained through additional
training
and the development of doctrinal
guidance (e.g., reference manuals and checklists on SRT operations).
5. There are
feelings that the ATF Incident Commander and other key leaders in the
ATF
chain should
be limited to those from SRT ranks. My belief is that will not prove
adequate. This belief is based on a general
need for additional training in crisis management procedures and
operational
planning which are not
well-developed at any level within ATF. I do agree that SACs and ASACs
should at least attend the SRT
courses as observers to enhance their knowledge and that they should
also receive additional training on crisis
management and planning.
6.
Recommendations:
The observations listed above are reflective of ATF's relative lack of
experience
in command and control of operations of the magnitude seen in Waco.
Policy needs to be established,
procedural guidance provided in writing, and strenuous training
provided
to personnel at all levels who may
become involved in these kinds of operations in the future. If ATF
or the Department of Treasury cannot
provide the resources to pursue doctrinal development and training,
then serious consideration must be given
to limiting the scope of ATF tactical operations.
III. INTELLIGENCE
A. Organization
1. The ATF
organization
to provide intelligence support during the investigative and
operational
(raid)
phases was not effective.
a. Intelligence analytical support did not effectively bridge the gap
between
the investigative support
mission and tactical support. Analysis appeared to be a function of
different individuals (e.g., the Case Agent,
RAC Buford, ASAC Sarabyn, etc.) rather than a function of a defined
system and process. There was no clear
focal point where all intelligence flowed and was fully analyzed and
subsequently delivered to the tactical
planners.
b. There were numerous instances of assumptions being made on the basis
of incomplete, dated, or
overstated information which adversely influenced operational planning.
For example:
The number of people in the compound was estimated at 75, a 25%
error.
The surveillance logs and interviews
of former cult members did not substantiate the 75 person figure.
Therefore,
I question how those numbers
were derived.
The U/C Agent had about eight limited visits into the compound. Yet
there were those that felt he had
continuing access and gave more credence to his information than was
true.
Information on the physical structure of the compound was a
composite
of a few visits by the U/Cs and
information from unvetted sources that was a year old in some cases.
c. A number of incorrect assumptions could have been put into proper
perspective
if there were
trained, experienced personnel working within a defined organizational
structure to conduct in-depth
intelligence analysis.
2. The
existing
intelligence structure does not tie all-source intelligence (e.g.,
technical
surveillance,
U/Cs, Forward Observers, aerial photography) together in a systematic
fashion. Overall intelligence collection
and planning is not centrally managed. Analysis occurs in pockets
rather
than through a capable, defined
organizational structure; and dissemination of intelligence (the
product
of recording, evaluation, and
interpretation. . .i.e., analysis of information) versus raw
information
is not consistent with proven techniques
used by other organizations.
3 . The
organization
of the U/C house and its activities was marked by no clear chain of
command
or
direction of their actions. The rapid establishment of the U/C
operation
is commendable, but poor organization
neutralized what could have been a major source of intelligence and
confirmation that the Branch Davidians
were waiting in ambush.
B. Intelligence Operations
1. General
Comments:
The remainder of this section is organized into a discussion of typical
intelligence operations disciplines: Intelligence Liaison activities;
Human Intelligence operations (to include
undercover activities); Imagery Intelligence (including aerial
intelligence
collection, photographic and video
collection); and Electronic Intelligence.
Intelligence Liaison:
a. It appears that ATF worked closely with McClennan County law
enforcement
officials to obtain
intelligence about the Branch Davidian organization, its operations,
and its physical facilities (i.e., the Mag Bag
and the Mount Carmel compound). This interface was, in my opinion,
highly useful in the investigative and
tactical planning phases of the operation. Unfortunately, there was
limited information available from this
source. Also to its credit, ATF exploited information and sources
available
from the Texas Human Resources
Department and the Texas Department of Public Safety. With the latter
organization, it is not clear whether
all aspects of information and intelligence were explored...i.e.,
Criminal
Intelligence, Narcotics, Texas Rangers.
b. Various interviews indicate that ATF attempted to obtain information
available from Interpol,
Immigration and Naturalization Service, and the El Paso Intelligence
Center (through Operation Alliance). I
found only one approach to the Federal Bureau of Investigation, no
attempts to obtain information from the
Customs Service, and none through the Department of State and Central
Intelligence Agency. Since there were
foreign nationals in the compound, inquiries should have been made
of these agencies whether intelligence was
available or not. I sense, but cannot substantiate, that interagency
rivalry coupled with inexperience may have
led to this incomplete search for information.
c. Recommendation: ATF should review its policy and procedures to
obtain
intelligence from
other agencies and provide guidance to their field organizations and
headquarters personnel on that matter.
3 . Human Intelligence:
a. My previous discussion of the lack of central control of
intelligence
planning and collection also
applies to ATF's human intelligence operations. Central control of
policy should be established at ATF
headquarters along with national Intelligence Community interfaces.
However, the field organization must be
able to control intelligence operations in support of tactical
operations.
b. There were several successes in human intelligence operations to
include
information obtained
from United Parcel Service personnel, the use of a U/C to obtain
physical
information about the Mag Bag and
one trip into the Mount Carmel compound, the recruitment of the Double
EE Ranch owner, and the
information gleaned from former cult members by the Case Agent, RAC
Buford, and others.
c. The interview of the former cult members posed a difficult problem
in
terms of determining their
reliability and accuracy of information. Again, a system was not in
place to pool information coming from these
sources, to fully analyze it, and to disseminate the resulting
intelligence
in a useful way to tactical and support
personnel.
d. The U/C house operation was an excellent idea which did not pay high
dividends because of a lack
of organization, proper tasking, and supervision of their activities.
The logs which I reviewed were incomplete
and do not substantiate many of the assumptions which were made on
activity in the compound. For example,
the tactical planners were adamant that a "routine" was evident in
the compound with the males working
outside at 10:00 AM onwards...logs from the U/C house do not
corroborate
this assumption. At best, the U/C
house operation resulted in limited information about the physical
structure, incomplete observation of
activities, and information about a few of the personnel inside the
compound. The U/C house operation was
capable, in my opinion, of providing much more intelligence. One of
the supposed goals of the U/C house was to
obtain additional information on probable cause for a search or arrest
warrant...it is not evident to me that this
occurred.
e. The Forward Observers were not effectively used and a TOC was not in
place to exploit
information coming from the Forward Observers. The lack of
effectiveness
in this event refers to gaps in
tasking, limited deployment around the compound, lateness of
deployment,
and the provision of extremely
limited amounts of collection devices to the Forward Observers.
f. Recommendations:
Without access to all ATF policy, procedural guidance, and training
information for intelligence, I am not able to
make detailed recommendations on improvement of human intelligence
operations. I therefore recommend that
ATF or an outside organization conduct a more in-depth review of
intelligence
operations to determine whether
there is need for changes/additions to policy, procedure, and training.
4. Imagery Intelligence:
a. In-house ATF capabilities to collect and process imagery
intelligence
appear extremely limited.
There are references to a (i.e., only one) 35mm camera in the U/C
house,
a pole camera which did not work
very well and was positioned poorly (both physically and in terms of
how permission was obtained to install it),
poor intelligence analysis and posting of information from the U/C
house photographic operations, and little or
no use of night vision equipment with video or photographic capability.
b. ATF capability to collect aerial imagery intelligence appears to be
very limited. ATF turned to
both Customs and the Texas National Guard for support in these areas.
I do not find strong evidence that the
ability to plan and collect imagery intelligence using aerial platforms
was well planned or directed by ATF. The
offer by a member of the Texas Governor's Office to overfly the
compound
and to use relatively
unsophisticated Forward Looking Infrared
Radar (FLIR) to obtain information does not give me a great deal of
confidence in the knowledge of system
capabilities by either ATF personnel or the person who offered that
advice to ATF.
c. I do not believe shortcomings in imagery intelligence had a direct
bearing
on the failure of the
raid. However, these shortcomings in knowledge, planning, and equipment
capabilities do not bode well in the
future if ATF must engage in raid operations against adversaries of
similar or greater levels of sophistication as
the Branch Davidians.
d. Recommendations:
ATF should improve their ability to manage the collection,
processing,
and dissemination of imagery
intelligence; increase their knowledge of existing capabilities
available
from other Federal agencies; and develop
methods to obtain proper support from those agencies.
ATF should also review their in-house capabilities and determine
whether
there were performance problems
with cameras and video equipment (rectifiable through training), or
policy and procedural gaps, or gaps caused
by inadequate equipment.
5. Electronic Intelligence:
a. Electronic intelligence operations suffered because of poor
management
and equipment
limitations. In hindsight, increased electronic intelligence capability
(e.g., Title III installation on telephones or
listening devices within the compound) might have provided information
on whether the raid was compromised.
b. There are a number of conflicting statements from ATF personnel
concerning
why a full Title III
installation (much less a Pen Register) was never pursued. This
indicates
misunderstanding on the part of ATF
personnel. A current ATF Order provides adequate guidance for Title
III surveillance, but senior ATF
personnel did not appear to understand this. In addition, there are
conflicting statements on whether a scanner
in the U/C house was operating or whether U/C personnel knew how to
use the equipment.
c. Recommendation:
ATF should review its electronic intelligence equipment, policy,
procedures,
and training for inadequacies.
Reduced electronic intelligence capability affects their ability to
conduct very sophisticated operations in a world
where criminal adversaries have demonstrated increased
counterintelligence
capabilities.
IV. OPERATIONS SECURITY (OPSEC)
A. Policy and Procedural Guidance:
1. It is not
clear to me that ATF has published OPSEC policy and procedural
guidance,
or provided
appropriate OPSEC training to its personnel.
2.
Recommendation:
Review and provide such guidance with accompanying training at all
levels
of
the organization.
B. OPSEC Planning and Execution:
1. OPSEC
operations
are not easy to plan nor execute. There are always trade offs in an
open
society
and in an environment where it is difficult for ATF to divert personnel
from on-going cases and other missions.
The key ingredient to OPSEC success is to systematically plan,
understand
the risks involved, and then decide
on actions based on the risk. Proper planning and execution of OPSEC
measures requires appropriate policy,
documented procedural guidance, and training. I did not find these
ingredients for OPSEC success within
ATF's Waco operation.
2. There were
numerous chances for compromise of the operation through inadvertent
disclosure.
These
include the Command Post opening days before the operation began and
its location in a semi-secured area; the
selection of the U/C house and the manner in which U/C operations were
conducted; the pole camera
operation; the training at Fort Hood; the need to involve other
agencies,
etc. ATF attempted to strike a
reasonable balance between security and OPSEC measures, but it did
not appear that OPSEC was centrally
planned nor managed. OPSEC and other security practices appeared to
occur as a happenstance and as a result
of individual intuition rather than being deliberately planned and
orchestrated.
3. Current
resource
allocation does not allow ATF to be self-sufficient and in total
control
of all
operations subject to security and OPSEC measures. The United States
military establishment comes close to
self-sufficiency only in a combat environment, but Federal law
enforcement
agencies do not have that
advantage. These comments should not be construed to be in support
of self-sufficiency. I mention this
phenomena only to illustrate that there will always be risks for
compromise
even when the operation may be
totally self-contained. These risks must be managed, and some risks
must be taken on any operation.
On the assumption that ATF will examine and strengthen their security
and
OPSEC policy,
procedures and training, ATF should include measures to deal with the
risks posed by a number of activities to
include: Was an open-stance with the media was in the best interests
of ATF? Would bus transportation have
been better versus the car convoy on the morning of the 28th? Was
backstopping
of the U/Cs enrolled as TSTC
students sufficient?
4.
Recommendation:
ATF should develop additional policy and procedural guidance and
provide
different levels of training to all personnel on security and OPSEC
measures
applicable to various operations. Different levels of training refer
to the fact that at the entry level, personnel
should be provided with reasons and basic methodology while at the
journeyman and above level the emphasis
should be on planning for security and OPSEC.
V. TRAINING AND EXERCISES
A. General Comments:
1. I identify
numerous potential training needs throughout this report. ATF has
identified
their training
needs and instituted considerable training already. However, in the
vein of continuous improvement and in the
wake of deficiencies identified in my review, there is a need to expand
those training efforts. I also suggest that
ATF expand their efforts to determine "best-in class" processes to
achieve specific training goals. For example,
mention was made of using a one to two week seminar by a private
organization
to achieve executive level
training in crisis management. I submit that this would not be an
example
of a best-in-class process. Those
areas which I identify as definitely needing training improvement
include:
Advanced SRT training Forward Observer training Intelligence
Operations
(management, analysis, intelligence
in support of tactical operations) Command and Control
3. There are
other areas which may require additional training but where I am not
clear
as to whether
they represent performance problems or the need for more training.
These include:
Intelligence Analysis and Operations during the Investigative Phase.
U/C Operations. Technical Support
Operations.
? Media Relations.
B. Improved Sophistication of Training Management:
1. Overall,
the
Lesson Plans and training design which I reviewed do NOT reflect a high
level of
sophistication in training management. For example, most SRT lesson
plans do not use performance-oriented,
measurable objectives. Improvements are needed in what is to be learned
and how it is to be measured to
ensure that the learning has occurred
2.
Significant
gaps exist in the completeness of all training. For example, the
proposed
Forward
Observer Course syllabus only devotes two hours towards observation
and recording skills and no time towards
establishment of a command and control mechanism and TOC for the
Forward
Observer.
3. SRT Basic
training does NOT result in a skilled team member, team leader, or in
any
other
particular skill. The SRT course appears to be delivered as an overview
of most skills found on a Special
Response Team. The current training could be viewed as being barely
adequate for small-scale operations;
however, if ATF is to continue with the mission of tackling adversarial
groups which require the use of multiple
SRTs, more sophisticated training is required to help ensure success.
At a very minimum, additional training is
required in command and control skills for SRT operations.
To also improve, ATF should carefully review the usefulness of
specific
instructional blocks to their course
objectives. For example, the SRT Course includes time for physical
training. Rhetorically, should physical
training be a pre-requisite for attendance and the time better spent
on practical exercises designed to reinforce
entry team skills and techniques? Physical fitness in a realist
situation
could be demonstrated in these
exercises.
4. Very
importantly,
it was suggested that crisis management skills could be learned by
attending
an
IACP seminar on crisis management. This is absolutely the wrong
approach.
ATF must develop its own
in-house training for these important skills and teach current ATF
policy and procedures, thereby making the
training specific to ATF's needs. This type of training must also
include
extensive practical exercises to further
the learning and retention of those skills that are taught.
"Best-in-class"
benchmarking would show that the U.
S. Army presents command and control skills during Basic Officer
Training,
Advanced Officer Training,
Command and General Staff College, and the Army War College. I do not
have the exact time spent on
command and control matters in those four courses, but a rudimentary
estimate would be that the training is
months long.
C. Exercises:
1. Individual
and small group training activities must be expanded to include
periodic
exercises to hone
and evaluate preparedness. This is missing from the training program
within ATF.
2. Exercises
should studiously avoid becoming a vehicle to learn new skills.
Instead,
exercises should be
used to evaluate and verify preparedness to conduct specific missions.
The learning of new skills is most
conducive to other training endeavors.
VI. SUPPORT OPERATIONS
A. Military Support:
1. It appears
that there are several performance related problems associated with
ATF's
acquisition of
military support. The ATF Headquarters Military Liaison Officer was
quoted as saying there needed to be drug
activity to justify military support. This is simply not true. Perhaps
he meant that drug activity was needed to
justify non-reimbursable military support, but that is an exceedingly
poor reason (i.e., non-reimbursement) to
seek military support of law enforcement for ATF.
An ATF Headquarters manager to whom the Military Liaison Officer
reports
stated that he was not aware of
how military support was obtained and that he trusted the Military
Liaison Officer to do what was right. I do
not accept that as good management practice because the manner in which
military support may be obtained
by Federal law enforcement agencies is not complicated and should be
known by all ATF Supervisors.
2. The
reliance
on Operation Alliance as a main source of obtaining military support is
also a poor
practice since the focus is on narcotics related activity. When such
activity does not exist or when information
must be stretched to provide such a connection, ATF is subjected with
either not obtaining military support or
being in danger of civil or criminal liability if information is
fabricated
or does not provide good probable cause.
3. One person
from the Texas Governor's office appeared to favor the use of National
Guard assets
versus active duty military support. Through innuendo, there are
appearances
that he also hinted at the need
for narcotics relationship so that the support could be provided for
free. I do not feel that this attitude served
ATF very well. For example, better imagery intelligence support could
have been obtained from other Federal
law enforcement organizations or active military forces; armored
vehicle
support would have been more readily
available; smoke grenades might have been obtained if regular Fort
Hood forces were used versus Special
Forces advisors; and the use of U.S. Customs Service helicopters would
have provided better capabilities than
those supplied by the National Guard.
B. Air Operations:
The decision
not to use U. S. Customs helicopters ostensibly stemmed from a concern
over OPSEC. I
am of the opinion that it was due more to interagency rivalry rather
than OPSEC. The use of Customs
helicopters and crews offer several advantages to include
communications
capabilities not found on the National
Guard helicopters and the ability to fire from the helicopters.
C. Communications:
1. There are
many conflicting statements concerning the adequacy of communications
and
communications support during the operation. At the very least,
planning
for communications shows a need for
improvement. Communications planning should help to ensure continuity
of command and control and is
therefore closely linked to the adequacy of training and procedural
guidance on command and control. Simply
stated, if one cannot or will not communicate, then command and control
will not exist. For example, the
Tactical Coordinator appeared to be out of the command and control
loop once the raid ran into difficulty. I was
not able to determine what the cause for this was.
2. There are
a large number of examples which point towards performance problems,
planning
problems, potential training shortfalls, and a few possibilities of
inadequate equipment. They include:
Linkages to local law enforcement and other supporting organizations
were not outlined well in terms of net
control and communications responsibility or redundant communications
links between ATF and these
organizations.
There appears to be confusion concerning who was to operate the
open-line
with ATF Headquarters and what
their duties were.
The Forward Observers were not able to communicate directly with the
Tactical Coordinator nor the SRT
Leaders.
The Incident Commander was not effectively communicating from the
helicopters
to the Tactical Coordinator
nor to any other segment of the ATF operation. This was especially
true when the helicopter he was on had to
land once it received fire from the ground.
Cavanaugh in the U/C House was not provided with sufficient
communications
personnel support to allow him
to control all the activities (e.g., crisis negotiations, control of
the Forward Observers, control of the deployed
SRTs) which fell on his shoulders when the raid ran into difficulty.
The Forward Observers and other ATF personnel on the back side of
the
compound ran into communications
problems.
D. Medical:
1. Overall
medical
planning and preparations were excellent. The Special Forces personnel
appeared to
provide excellent assistance in planning and helping ATF personnel
prepare and rehearse for medical
emergencies. One gap in the plan appears to be that mass casualty
situations
were not anticipated with no
plans in place to handle such a contingency. The contracted medical
services could have been easily
overwhelmed if the Branch Davidians had attempted mass suicide. When
faced with a well-armed or potentially
suicidal group, medical planning should consider mass casualty
situations.
2.
Improvement
opportunities for ATF exist in developing policy and procedures to
ensure
that
appropriate planning support is obtained or to develop an in-house
capability for medical planning.
E. Media:
1. ATF's
problems
with the media potentially began with the interview of Mark Breault who
was
already in contact with the media: were exacerbated with the meetings
and
discussions with the media prior to the raid; were compounded by the
media being suspected of compromising
the raid on February 28th; and were further fueled by media relations
in the aftermath of the raid.
2. I find four potential areas for improvement of ATF's media relations:
ATF personnel can benefit from strengthened media policy,
publication
of procedural guides for
media relations, and additional training. Many media situations are
judgmental calls (e.g., Chojnacki
deciding to meet the media in Waco), so additional training based on
coherent policy is a key to help ATF
personnel understand the potential risks and benefits of dealing with
the media.
ATF ASACs and above should be prepared to accept press conference
responsibilities
or to ensure that
the ATF spokesperson is physically and emotionally prepared. I refer
specifically to the poor judgement shown
by the use of Special Agent Wheeler as the spokesperson in the
aftermath
of the raid's failure when she had
not slept for a reported 36 hours.
ATF Headquarters should be prepared to augment field personnel on
major
operations which have the
potential to attract major media attention.
The Department of Treasury, in conjunction with Justice and the
Congress,
examine the potential of enacting
legislation to provide criminal penalties for willful and negligent
acts contributing to the loss of life on law
enforcement or national security operations.
F. Coordination of Other Agencies:
1. There are
numerous indicators that ATF's preparations to coordinate their actions
with other
agencies were less than optimal. They include:
The lack of a written operations order which would have provided
specific
instructions to ATF personnel to
coordinate the activities of other agencies while providing overall
guidance to those agencies.
The failure to rapidly transfer the 911 call from the Branch
Davidian
compound to ATF control from
McClennan County.
The inordinate length of time required to get military armored vehicles on-scene.
The lack of instructions on pursuit of suspects that could have fled the compound.
2. The
appearances
are that ATF personnel require additional training and procedural
guidance
to plan
large-scale operations which require close coordination with a variety
of non-ATF organizations.
VII. WEAPONRY, ARMAMENT, and OTHER EQUIPMENT:
A. Automatic Weapons:
1. The ATF
SRT
leaders do not feel that automatic weapons capability is a necessity. I
recommend that
ATF review their current policy and consider the use of automatic
weapons
situationally. . .if the adversary has
full auto weapons, then ATF should have the capability to overcome
these. The use of automatic weapons by a
criminal adversary could be overcome through ways other than using
comparable weapons (e.g., better tactics,
use of vehicles for entry, explosive entry). The difficulty in such
a strategy is that ATF personnel will have to
be much better trained to overcome a firepower deficiency.
B. Rifles (Assault and Forward Observer):
1. There is a
definite need for ATF to review their decision to limit the use of
rifles.
Sub-machine or
machine pistol type weapons simply do not have the range nor the
accuracy
inherent with longer barreled
weapons such as AR-15s or other assault rifles. One ATF report refers
to accuracy of the MP5 weapon out to
300 meters, but that ignores the fact that rural and some urban
operations
may require longer shots. In
addition, the ability to penetrate some materials and to incapacitate
a human is better with rifle rounds such as
the 5.56mm and 7.62mm than with 9mm ammunition. In addition, 7.62mm
weapons should also be considered
since they can prove highly useful on vehicle stops and road
blocks...not
to mention longer range forward
observer shots.
2. A number
of
SRT members raised questions over the availability of rifles to support
their operations.
They question the ATF Headquarters proclamation that AR-15s will be
phased out. Since these personnel are
the ones tasked with mission execution, it is my belief that they
should
have a greater say in what weaponry
they are allowed to use.
C. Suppressed Weapons:
1. ATF
personnel
have not mentioned the potential need for suppressed weaponry on
extremely
high-risk operations. Suppressed weapons are useful in a variety of
situations and provide a means of providing
a critical edge to SRT-type units. There are a number of military and
law enforcement organizations which
possess such weapons and have proved their ability to use them
discriminately.
ATF should consider their need
for such weapons if they are to continue with missions similar to the
one they faced in Waco.
D. Chemical Munitions:
1. ATF is
limited
by their own policy on the use of smoke and disabling chemical agents.
Again, these
capabilities are found in a number of law enforcement and military
organizations tasked with SRT type
activities and have been used discriminately by these organizations
for years. The ability to use chemical
munitions can provide a needed advantage to
SRTs and can be used to lessen the chances of loss of life. For
these
reasons, ATF should reconsider their
policy on the use of chemical munitions.
E. Distraction devices:
1. The use of
distraction devices such as the commonly referred to "Flash Bang" are
limited
by ATF
policy. The policy requires that ATF personnel use a "peek and throw"
philosophy on ALL operations. Such a
policy is extremely limiting and can result in additional danger to
ATF personnel.
2. ATF policy
should be modified to allow the use of distraction devices other than
through
a "peek and
throw" technique. The policy and any accompanying procedural guidance
should specify situations in which
exclusions from the "peek and throw" method are permissible. In
addition,
all SRTs within ATF should receive
training on the use of distraction devices.
F. Vehicles.
1. Armored
vehicles
would have been highly useful in Waco for a variety of operations
ranging
from use
in recovering wounded, protecting personnel during retrograde movement,
use in entry, etc. The fact that
armored vehicles were not available appears to be a significant
planning
oversight.
2. ATF should
qualify a number of their personnel on the use and operation of
specified
armored
vehicles to include use of on-board weapons systems such as
machine-guns
and smoke generators. The
procedures to obtain military support for these types of vehicles
should
be reviewed and solidified to ensure
their availability for operations similar to Waco in the future.
VIII. CONCLUDING REMARKS: Throughout my report and analysis of
information
there has been a
continuing theme of:
- The need for policy review and modification
- Providing additional procedural guidance beyond policy
documents
to ATF personnel
- A very definite need for improved training in a number of areas
Perhaps these sound overly redundant. I submit that it is only
through
sound policy, supported by additional
reference (i.e., procedural) materials, and thorough training that
the tragedy which befell ATF at Waco can be
prevented in the future. These focus on system fixes rather than
individual
actions along with the development
of processes which provide a sound foundation for operational actions.
CURRICULUM VITAE FOR
Wade Y. Ishimoto
Education
M.A., Human Resources Development, Webster University
B.A., Asian Studies, University of Hawaii
Professional
U.S. Army Special Forces Operations and Intelligence Course
Schooling
U.S. Army Counterintelligence Agent's Course
U.S. Army Special Warfare Center Instructor Training Course
Numerous courses relating to intelligence, security, and special
operations
Current
Technical Manager, Sandia National Laboratories, Albuquerque, NM
Occupation
Instructional
University
of New Mexico, Division of Continuing Education and
Experience
Community Services, 1985-Present
U.S. Air Force Special Operations School, 1987-Present
U. S . Department of Energy Nuclear Emergency Search Team
courses, 1985-present
California Department of Justice Terrorism Course, 1984-1986
Delta Force Operator's Training Course, 1977-1982
University of Santa Clara, 1975- 1977
U. S. Army J.F. Kennedy Special Warfare Center, 1973- 1975
Mobile Training Team special operations assignments to foreign, allied
military and law enforcement organizations
Numerous instructional engagements with law enforcement
organiza
tions
to include the Calgary Police Service, Royal Canadian Mounted
Police, Canada Security & Intelligence Service, Los Angeles Police
and Sheriffs Departments, Texas Narcotics Officers Association, and
the National Tactical Officer's Association, 1962-present
Pertinent
Nuclear Emergency Search Team (NEST) 1978-Present; founder of the
Experience
NEST Training Management Working Group; project leader to reorganize
and restructure the organization in 1989; Exercise Director of several
Interagency (FBI, DOD, DOE, FEMA, local law enforcement) terrorist-
related national exercises; planner or participant in other NEST
exercises;
developed a Key Leader Training Course.
Nuclear Security Systems Directorate 1985-1992, led numerous projects
related to high-threat security situations including a Defense Nuclear
Agency funded Insider Study, a Recapture and Recovery of Nuclear
Weapons Study involving overseas and domestic situations, documentation
of R&D requirements to support the TSWG for terrorist incidents;
and
Curriculum Vitae for Wade Y. Ishimoto (continued)
Pertinent participation on a U.S.
Physical
Protection Bi-Lateral Team to Korea and
Experience Japan. Also performed liaison
functions
to various military special opera-
(continued) tions organizations and the FBI's Hostage
Rescue Team. Designed and
implemented the construction of a new Emergency Operations Center
for Sandia National Laboratories and revamped their emergency opera-
tions program.
Security and Intelligence Specialist, U.S. Department of Energy,
1984-85,
Key member of a Tiger Team assigned to revamp emergency operations
within the Albuquerque Operations Office complex which included over
40,000 employees at six locations from Florida to New Mexico. Inspec-
tion staff duties. Organized mobile training teams for special response
team training.
Vice-President for Operations, SAS of Texas, 1982-1984; led a White
House directed examination of security preparations for the 1984 Summer
Olympic Games in Los Angeles with over 2/3 of the recommendations
being adopted; led security projects in support of the Nuclear
Regulatory
Commission, other governmental agencies, and private concerns.
Delta Force, 1977-1982; Intelligence Officer leading the effort to
automate
terrorist information in a interagency data base; Team Leader on the
1980
attempt to rescue 53 American hostages in Tehran; participant in
several
real-life counterterrorist operations; liaison and consulting duties to
the
FBI, Secret Service, Navy SEALS, overseas counterterrorist forces, and
other special operations units.
Other pertinent experience includes Special Forces assignments in the
U.S., Korea, Japan, Taiwan, the Philippines, and Vietnam (three tours)
including training duties, exercise development, and combat operations;
Counterintelligence and Human Intelligence collection duties in Korea,
Hawaii, and the continental U.S.; and Military Police and investigative
duties.
A Selective Analysis
of
Operation Trojan Horse
Conducted by
the Bureau of Alcohol, Tobacco and Firearms
Conducted by
John A. Kolman, Captain (L.A.S.D.
retired)
for the Staff
of the
Waco Administrative Review
United States Department of the
Treasury
TABLE OF CONTENTS
Page
EXECUTIVE SUMMARY .
. . . . . . . . . . . . . . . .
.
B-35
Chapter
Page
1. THE PROBLEM AND DEFINITIONS OF
TERMS USED
.............................................
B-39
INTRODUCTION
...........................................
B-39
The BATF Special Response Team Program--
An Historical Overview
...........................
B-39
A Synopsis of Operation Trojan Horse
................
B-40
THE PROBLEM
............................................
B-44
Statement of the Problem
............................
B-44
Limitations of the Project
..........................
B-44
RESEARCH METHODS
.......................................
B-44
DEFINITIONS OF TERMS USED
..........................
B-45
OPSEC ...............................................
B-45
TEMS ................................................ B-45
Dynamic Entry ....................................... B-45
T.S.T.C./T.S.T.I. ...................................
B-45
2.
ANALYSIS
............................................. B-46
PLANNING AND PREPARATION
..........................
B-46
Tactical Alternatives
...............................
B-46
Tactics and Related Matters ......................... B-50
Logistics ........................................... B-53
Emergency Medical Service
...........................
B-54
Communications ...................................... B-56
Intelligence Function ............................... B-57
Briefing
............................................
B-60
Training/Rehearsal
..................................
B-61
COMMAND AND CONTROL
...................................
B-63
Decisions Impacting the
Operation
...................
B-63
Organization and Structure
..........................
B-66
OPERATIONS SECURITY
...................................
B-70
MEDIA INVOLVEMENT
.....................................
B-73
3. CONCLUSIONS AND RECOMMENDATIONS .......................... B-76
CONCLUSIONS ........................................... B-76
RECOMMENDATIONS
.......................................
B-77
REFERENCES
...............................................
B-80
EXECUTIVE SUMMARY
The attempted service of
search/arrest warrants by agents of the Bureau of Alcohol, Tobacco and
Firearms
(BATF) on February 28, 1993, at the Branch Davidian Compound near Waco,
Texas, was, in all probability,
unprecedented within American law enforcement. Although many agencies
(Federal, state and local) have conducted
countless major high-risk warrant operations involving heavily armed
multiple suspects, within the experience of
the evaluator, none have rivaled the weaponry and fervent opposition
which confronted the brave men and women
of the BATF during Operation Trojan Horse. Certainly none have resulted
in the tragic loss and wounding of so
many law enforcement officers.
The purpose of
objectively
analyzing this or any other tactical incident is not to castigate or
condemn,
but
rather to learn from what occurred with a view toward future
improvement.
The loss of Steven Willis, Robert
Williams, Conway LeBleu, and Todd McKeehan, and the wounding of
numerous
other dedicated agents, make it
essential that an objective evaluation be conducted.
The purpose of this
project
was: (1) to conduct a selective analysis of the planning, preparation,
and
subsequent attempted service of search/arrest warrants on February
28, 1993, by BATF personnel at the Branch
Davidian Compound, (2) to develop conclusions based upon the analysis
of BATF efforts in this regard, and (3) to
make recommendations related to possible future operational
improvements.
This project relied upon
an extensive review of numerous documents, reports, videotapes, and
training
curricula provided by Waco Administrative Review staff; personal
monitoring
of Congressional hearings on June
9 and 10, 1993; personal interviews of selected BATF personnel; a
review
of the limited literature available in this
subject area; personal observation of the areas surrounding the Branch
Davidian Compound, as well as the
Command Post, undercover residence, and Staging Areas; personal
knowledge
of contemporary policy, procedure
and training within the tactical community; and extensive personal
experience within the field of law enforcement
tactical operations.
B-35
The results of this analysis are believed to support the following
conclusions:
1. BATF personnel involved in planning Operation Trojan Horse were
dedicated,
experienced law enforcement
professionals.
2. Much time and effort was expended in planning and preparing for
Operation Trojan Horse.
3. Planners relied upon and trusted intelligence information which,
in many cases, lacked corroboration.
4. A lack of knowledge existed on the part of both command and
operational
personnel concerning the proper
utilization and deployment of countersniper (Forward Observer Team)
personnel.
Insufficient attention was directed by command personnel to the
Operations
Security (OPSEC) process.
6. There was an apparent lack of supervision over the intelligence
gathering mechanism in terms of direction,
coordination, corroboration, dissemination and control.
7. Though well intentioned, contacts initiated by command personnel
with the Waco Tribune-Herald violated
basic principles of operations security.
8. No media contacts should have been initiated by BATF before the
operation's conclusion.
9. Command personnel lacked experience and training in directing major
tactical operations.
10. The Incident Commander should have been located at the designated
command post to facilitate communication
and control.
11. Once information had been received and corroborated that the
operation
had been compromised through the
loss of surprise, command personnel should have aborted the mission.
12. There was no planned alternative course of action to be taken if
the mission was aborted.
13. Following the negotiation of a cease fire to remove and evacuate
the dead and wounded, perimeter positions
should not have been abandoned until relief
B-36
personnel had assumed them.
14. Had the operation not been compromised, there was a high
probability
that the tactical plan would have
succeeded.
15. Sufficient oversight was exercised by BATF Headquarters during
all phases of Operation Trojan Horse.
16. Numerous acts of heroism were displayed by the men and women of
the BATF during, and subsequent to, the
extensive firefight with the Branch Davidians.
These conclusions, and
others
of less significance, contained within the body of the full report,
constitute
justification for considering the following recommendations.
1. Assign personnel to command positions (Incident Commander,
Tactical
Coordinator, Deputy Tactical Coordinator)
based upon qualifications--not rank or position.
2. Develop and provide tactical crisis management training for those
assigned to these positions.
3. Explore the feasibility of selecting and training an on-call cadre
of personnel with proven decision-making and
leadership ability to assume the roles of Incident Commander and
Tactical
Coordinator.
4. Ensure that all command and supervisory personnel understand their
joint responsibility to abort an operation
if circumstances justify doing so.
5. Increase the training time of Division Special Response Teams to
a minimum of twice a month.
6. Explore the feasibility of establishing regional, full-time Special
Response Teams for deployment during major
operations.
7. Review and modify, as necessary, the criteria for selecting Special
Response Team members.
8. Review and modify, as necessary, the curriculum of Special Response
Team training.
9. Establish a Tactical Emergency Medical Support (TEMS) program and
formally assign EMS-trained personnel
to each Special Response Team.
B-37
10. Develop and implement a hostage negotiation program as an
integral
part of Special Response Team operations.
11. Evaluate existing Special Response Team equipment based on
contemporary
standards within the tactical
community (to include chemical agents).
12. Review the organization, structure, and functions of the Technology
and Tactical Issues Committee to ensure
the timely evaluation and approval of tactical equipment and
procedures.
13. Conduct meetings, at least annually, of Federal special operations
team leaders and command personnel (BATF,
FBI, Marshals, Customs) to discuss past tactical analyses and
contemporary
procedures. Emphasize necessity for
interagency cooperation and training.
14. Ensure familiarity with guidelines related to requesting and
utilizing
air support.
15. Review and modify, as necessary, OPSEC training for all command
and operational personnel.
16. Review and modify the media notification process.
17. Review and modify the BATF National Response Plan.
18. Pursue legislation enabling electronic surveillance and monitoring
under circumstances such as existed at the
Branch Davidian Compound.
19. Empanel a committee comprised of representatives from affected
BATF entities to review these and other
recommendations made by the Tactical Advisory Expert Panel.
In spite of extensive
planning
and preparation by well-intentioned, experienced agents, success was
not
achieved at the Branch Davidian Compound. It eluded them, not because
of a lack of ability or resources, but rather
deficiencies in policy and procedure, which were exposed by the
magnitude
of the situation.
Prior operations
conducted
by BATF Special Response Teams (433 in the past two years) apparently
failed
to reveal these deficiencies, due to their varying circumstances, as
well as the reduced size of many of the
operations.
Chapter 1
THE PROBLEM AND DEFINITIONS OF TERMS USED
INTRODUCTION
The BATF Special
Response
Team Program--An Historical Overview
In recent years, the
Bureau
of Alcohol, Tobacco and Firearms (BATF) responsibility to enforce
Federal
firearms, explosives, and arson statutes has met with increasing
resistance
from those individuals and groups
involved in these activities (10). Because of the nature of these laws,
almost every arrest or search warrant
executed by the BATF involves armed suspects.
Accordingly, in 1989,
after
reviewing the Bureau's capabilities and limitations in managing these
incidents,
each of the twenty-two Field Divisions were authorized to form what
were then called high-risk entry control
teams. These teams, comprised of specially selected volunteers,
initially
made use of available state and local
training resources within their particular areas. However, in 1991,
a decision was made to develop a centralized
training program in order to ensure uniformity and the ability of
agents
to meet required physical fitness standards.
Ultimately, Fort McClellan, Alabama, home of the U.S. Army's military
police, chemical, and special response team
training schools, was selected as the site of the basic two-week BATF
Special Response Team (SRT) training
program. Each Field Divisions team is now required to attend this
rigorous
course.
The live-in program,
consists
of approximately 130 hours of training over a 10 day period, and places
heavy
emphasis on promoting teamwork. Subject areas vary from building entry
and tactics to firearms training, trauma
aid, operational planning, and physical conditioning. A high
instructor-to-student
ratio of one per two is maintained
during training to enhance the learning process and enable appropriate
performance evaluation (9:38). Instructors
are selected based upon their background and experience. Over one half
of the instructional cadre have past
pertinent military experience, and one third are former members of
law enforcement tactical units.
Following successful
completion
of the basic program at Fort McClellan, each team is required to train
a
minimum of 24 hours each quarter. Much of this training is conducted
in conjunction with area state and local
SWAT teams. Special Response Team members are equipped with the best
tactical safety equipment available,
including body
armor, ballistic shields, firearms, and communications equipment.
Since their inception,
the
Special Response Teams have actively proven their worth. During the
past
two
fiscal years, BATF SRTs were activated 433 times to resolve cases
determined
to be the most dangerous (10).
These activations varied from assisting at the scene of the 1992 riots
in Los Angeles, to providing assistance in
capturing murder suspects in Idaho that same year.
Significantly, until
Operation
Trojan Horse on February 28, 1993, only one SRT member had been injured
by gunfire (10).
A Synopsis of Operation Trojan Horse
The Bureau of Alcohol,
Tobacco
and Firearms officially became aware of the Branch Davidians and David
Koresh on June 4, 1992. This awareness resulted from a referral by
the McLennan County Sheriff to the Austin
ATF Office. Additional referrals of complaint were received from a
Congressman, the U.S. Attorneys Office, and
the media. These complaints basically addressed allegations of sexual
abuse by David Koresh, as well as firearms
violations. Concern was also expressed over why nothing had been done
by the authorities to alleviate the problem.
As a result of this information, a case agent was assigned, and an
extensive investigation initiated to determine if
violations of laws enforceable by BATF were occurring. Information
related to probable cause was later presented
to the Assistant U.S. Attorney, who expressed the belief that there
was sufficient information for a search warrant
based upon the purchase of firearms and items necessary to convert
them to fire in full automatic mode.
The continuing
investigation
next placed emphasis on linking Koresh's purchases of chemicals with
the
manufacture of explosive devices. Because of the sensitive nature of
the investigation, activities were closely
monitored by BATF Headquarters. In anticipation of obtaining search
and arrest warrants, operational planning
commenced in December, 1992. Numerous planning meetings were conducted,
and after extensive discussion,
focused on utilizing three Special Response Teams with support
personnel
to effect service of the warrants.
Although many options
were
explored by planners (i.e., siege [contain and call out], luring Koresh
away from
the Compound, doing nothing, etc.), for reasons that will be addressed
later in this report, a dynamic raid of the
Compound, using helicopters as a diversion, was agreed upon. As a
result
of intelligence gathered from the
continuing investigation, which included undercover operations at and
in the vicinity of the Compound, and selected
interviews of disillusioned former cult members, a plan was finalized
and approved.
The plan called for the
raid
to be initiated at approximately 1000 hours on a date to be specified.
This time
was selected because, according to intelligence sources, following
Bible study, the men of the Compound would be
outside working on a construction project and separated from their
weapons, which were kept in a storeroom on
the second floor of the Compound adjacent to Koresh's living quarters.
Women and children would reportedly be
studying the Bible or involved with chores. Containment (cover)
personnel
would be responsible for isolating and
securing the men at the construction site, or anyone outside the
structure.
One SRT team would secure men on
the first floor, and another would isolate and secure women and
children
on the second floor and clear the towers.
Lastly, a third team would secure the second floor weapons room and
arrest David Koresh.
It was recognized early
on
that it would be difficult to approach the Compound undetected because
of the
terrain and remoteness of the area. Therefore, planners opted to use
two pickup trucks and cattle trailers to
transport the raid force to the Compound. These vehicles were known
to be very common to the area, and
consequently would not cause alarm or suspicion if driven in the
vicinity
of the Branch Davidian Compound.
Surprise and speed of execution were believed critical to achieve
success.
As the raid force arrived at the front of
the Compound, three Texas National Guard helicopters would arrive
shortly
before, some distance to the
northwest. The presence of helicopters would hopefully attract the
attention of the men working at the rear of the
Compound and mask the arrival of the raid force. Once the Branch
Davidians
and the Compound were secure,
support personnel would handle arrestees and search for and process
evidence. A search warrant for a second
location associated with the Compound, referred to as the "Mag Bag",
was to be served simultaneously. This location
was a screening point for UPS deliveries destined for the Compound,
and was manned by cult members.
Undoubtedly, it also functioned as an early warning system for the
Compound.
The operational plan
provided
for the assignment of ATF Emergency Medical Services (EMS) personnel to
each Special Response Team. Medivac helicopters would be on standby
at the Command Post, and an ambulance
and crew would be staged at a roadblock position. Unfortunately, it
would not be possible for civilian EMS
personnel and ambulances to accompany the raid force to the Compound
because of the potential hazard, as well
as the fact that their presence would alert the Compound to the
impending
warrant service. Contingency plans
provided for the mission to be aborted at any time after the raid force
left the Staging Area, but prior to the
vehicles turning into the Compound. The abort decision would be based
upon continuous surveillance of the location
from an undercover site.
In late 1992, BATF became
aware of local media interest in the Branch Davidians and David Koresh.
Specifically, the Waco Tribune-Herald was preparing a
series of articles on the cult and its leader. Concerned that any
article
of this nature might cause Koresh to become
more alert and paranoid about possible law enforcement action against
him, and prompt an increase of curious
onlookers in the area, an ATF representative contacted the paper in
an effort to delay publication of the series until
after March 1, 1993. These and subsequent negotiations with the
newspaper
concerning this issue were fruitless.
BATF representatives were told that the series would begin as soon
as it was complete. Eventually, they were
advised on February 26, 1993, that the first article in the series
would be released on February 27, two days before
BATF planned to serve the warrants. At this point, support personnel
and equipment had already arrived in the
Waco area, and Special Response Teams, along with selected support
personnel, were rehearsing and training for
the operation at Fort Hood, Texas. Consequently, it was decided to
advance the scheduled date of execution by
one day to February 28, 1993. The final decision would be kept in
abeyance
until David Koresh's reaction to the
first article could be assessed through undercover contacts. These
contacts revealed n