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http://wire.ap.org/?PACKAGEID=fbi
JANUARY 25, 18:31 EST

Chief Prosecutor in Waco Resigns

By SUSAN PARROTT
Associated Press Writer

WACO, Texas (AP) — The federal prosecutor who warned Attorney General Janet
Reno of a possible government cover-up after the 1993 Branch Davidian siege
resigned Tuesday.

Assistant U.S. Attorney Bill Johnston, whose willingness to re-examine
evidence from the deadly standoff touched off a re-investigation of the
government's actions, handed in his resignation to his boss, U.S. Attorney
James Blagg in San Antonio.

Johnston, 40, acknowledged mounting frustration with Justice officials, whom
he called ``less than forthright.'' And he said his job had been awkward
ever since he wrote Reno last August.

``Any time you are at odds with someone who is your boss, it is difficult to
even have conversation. You just avoid one another,'' Johnston said Tuesday
during an interview with The Associated Press.

Johnston, the chief federal prosecutor in Waco, has been at odds with
Justice officials since he paved the way last year for independent
filmmakers to review evidence sifted from the charred ruins of the
Davidians' compound.

Filmmaker Michael McNulty's discovery of a spent pyrotechnic tear gas
canister forced the FBI to recant its longstanding denials that potentially
incendiary devices were fired on April 19, 1993, when Branch Davidian leader
David Koresh and about 80 followers died in a fire at their compound.

The FBI's about-face has triggered investigations by Congress and a special
counsel appointed by Reno.

Johnston's tension with his superiors was heightened in August, when he
wrote Reno that government lawyers had known for years about the use of
pyrotechnic tear-gas canisters, which were fired hours before the Davidians'
compound erupted in flames.

Ten days after he wrote the letter, Johnston was abruptly pulled from the
case, as was Blagg's entire office.

``I wasn't going to be a party to misleading the American public about this
issue, when I full well knew the import of it,'' Johnston told CBS' ''60
Minutes II'' in an interview airing Tuesday night. ``We cannot hide the
ball, in criminal or civil cases, and feel good about it.''

Johnston's resignation was lamented Tuesday on Capitol Hill, where
congressional committees are probing whether a government cover-up occurred
in the Waco operation's aftermath. They also are investigating the
military's role during the standoff and whether federal forces discharged
their weapons on April 19, 1993 — a contention strongly denied by federal
officials.

``We're sorry that there doesn't seem to be a place for good, hardworking,
honest public servants like Bill Johnston in this Justice Department,'' said
Mark Corallo, a spokesman for House Government Reform Committee Chairman Dan
Burton, R-Ind., who has been critical of Reno and the Justice Department.

Johnston's involvement in the Branch Davidian controversy dates to its
earliest days.

He helped draft the search warrant that the Bureau of Alcohol, Tobacco and
Firearms attempted to execute on Feb. 28, 1993, in a botched raid that
sparked the 51-day standoff at the Davidians' retreat. Johnston later helped
convict nine Davidians during their criminal trial.

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