John Whitehead's Commentary
The Waco Saga Continues to Haunt Us
On April 19, 1993, the Branch Davidian compound in Waco, Texas burst into flames, resulting in the deaths of 76 men, women and children who were housed within the compound, in addition to 4 federal agents. Unfortunately, the federal government's role in the tragedy continues to haunt us, as new developments point to a disturbing lack of respect for civil liberties and individual rights.
The most recent news involves two cases featuring Waco participants, one in criminal court and one in civil. Both cases are making headlines.
The U.S. Supreme Court will hear the first, a criminal case, next month, which concerns the convictions of five men for the shooting deaths of federal agents. A federal judge sentenced the men to 40 years in prison for their role--even though there is no evidence that the men were involved in shooting the agents and although the evidence shows that only two of the men had guns in their possession.
A federal appellate court, in part under a conspiracy theory, has upheld the convictions. Basically, the men's simple presence at the compound at the time of the agents' deaths is being used to convict them--regardless of whether they actually had a role in the shootings. In essence, these men are still under attack from the federal government, seven years after that same government played a role in burning down their home with family and friends inside.
The civil case made news during a recent test to determine whether FBI agents fired gunshots at the Davidian compound. The exercise was held at a Texas army base, where eight shooters fired different weapons while being filmed by two aircraft with heat-sensing cameras.
The tape of the exercise has been sealed from public inspection by the judge in the case. But attorneys for both parties have seen it, and, not surprisingly, they both claim that the experiment backs up their own theories.
Michael Caddell, the attorney for the family members who are suing the government, says that the results back up their allegation that agents fired shots on that fateful day. The tape, according to Caddell, "clearly demonstrates that there was government gunfire...on April 19, 1993."
On the other side, the FBI contends that agents never fired shots--and claims that the tape actually backs its story. The U.S. attorney in the case says that the experiment confirms the government's theory that flashes on the original tape of the siege could have been caused by sunlight hitting broken glass, aluminum foil and other similar debris in the area.
Yet despite its bold claims, the government's credibility in this whole matter has been severely tarnished. For six years, the FBI claimed that it didn't use pyrotechnic devices at Waco. Then, on August 25 of last year, the FBI issued a press release confirming that it did, after all, use such incendiary devices. In spite of the admission, however, the agency continues to deny that it caused the blaze that cost the lives of 80 people.
The admission led to the embarrassment of Attorney General Janet Reno, who noted with chagrin that she had been lied to for six years by the FBI. This, in turn, led to the appointment of Senator John Danforth (R-Mo.) to look into the government's actions in Waco.
The truth is that Waco is a metaphor for the current state of civil liberties in America. It involved government power unleashed by officials who apparently didn't concern themselves with the rights of the Branch Davidians, who were American citizens. And it involved a continuing cover-up of what really happened by federal officials--one that continues even to this day, as evidenced by the controversy over the Texas gunfire experiment.
The victims in this ongoing abuse of individual liberties are the surviving Branch Davidian members and the family members of those who perished in the fire. The survivors are being punished simply for being in the compound. And the family members are being forced to experience a complex, drawn out legal battle to get compensation for the pain and suffering they've received at the hands of the federal government.
In the days and weeks ahead, the Supreme Court will put an end to one case, and a jury will decide whether gunshots were actually fired seven years ago. But even when these questions have been laid to rest, the specter of Waco will continue to haunt us for years to come. And the image of the flaming compound should remind all Americans of the importance of constitutional and moral limits on the behavior of our government.
WC: 775
The most recent news involves two cases featuring Waco participants, one in criminal court and one in civil. Both cases are making headlines.
The U.S. Supreme Court will hear the first, a criminal case, next month, which concerns the convictions of five men for the shooting deaths of federal agents. A federal judge sentenced the men to 40 years in prison for their role--even though there is no evidence that the men were involved in shooting the agents and although the evidence shows that only two of the men had guns in their possession.
A federal appellate court, in part under a conspiracy theory, has upheld the convictions. Basically, the men's simple presence at the compound at the time of the agents' deaths is being used to convict them--regardless of whether they actually had a role in the shootings. In essence, these men are still under attack from the federal government, seven years after that same government played a role in burning down their home with family and friends inside.
The civil case made news during a recent test to determine whether FBI agents fired gunshots at the Davidian compound. The exercise was held at a Texas army base, where eight shooters fired different weapons while being filmed by two aircraft with heat-sensing cameras.
The tape of the exercise has been sealed from public inspection by the judge in the case. But attorneys for both parties have seen it, and, not surprisingly, they both claim that the experiment backs up their own theories.
Michael Caddell, the attorney for the family members who are suing the government, says that the results back up their allegation that agents fired shots on that fateful day. The tape, according to Caddell, "clearly demonstrates that there was government gunfire...on April 19, 1993."
On the other side, the FBI contends that agents never fired shots--and claims that the tape actually backs its story. The U.S. attorney in the case says that the experiment confirms the government's theory that flashes on the original tape of the siege could have been caused by sunlight hitting broken glass, aluminum foil and other similar debris in the area.
Yet despite its bold claims, the government's credibility in this whole matter has been severely tarnished. For six years, the FBI claimed that it didn't use pyrotechnic devices at Waco. Then, on August 25 of last year, the FBI issued a press release confirming that it did, after all, use such incendiary devices. In spite of the admission, however, the agency continues to deny that it caused the blaze that cost the lives of 80 people.
The admission led to the embarrassment of Attorney General Janet Reno, who noted with chagrin that she had been lied to for six years by the FBI. This, in turn, led to the appointment of Senator John Danforth (R-Mo.) to look into the government's actions in Waco.
The truth is that Waco is a metaphor for the current state of civil liberties in America. It involved government power unleashed by officials who apparently didn't concern themselves with the rights of the Branch Davidians, who were American citizens. And it involved a continuing cover-up of what really happened by federal officials--one that continues even to this day, as evidenced by the controversy over the Texas gunfire experiment.
The victims in this ongoing abuse of individual liberties are the surviving Branch Davidian members and the family members of those who perished in the fire. The survivors are being punished simply for being in the compound. And the family members are being forced to experience a complex, drawn out legal battle to get compensation for the pain and suffering they've received at the hands of the federal government.
In the days and weeks ahead, the Supreme Court will put an end to one case, and a jury will decide whether gunshots were actually fired seven years ago. But even when these questions have been laid to rest, the specter of Waco will continue to haunt us for years to come. And the image of the flaming compound should remind all Americans of the importance of constitutional and moral limits on the behavior of our government.
WC: 775
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.
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