From:

http://www.salon.com/news/feature/2000/07/25/waco/print.html

"The ATF fired first"

Government critics of the Waco raid won't be silenced by the
Danforth report.

- - - - - - - - - - - -
By Daryl Lindsey

July 25, 2000 | Former Sen. John Danforth, the special counsel
assigned by the Justice Department to investigate the deadly 1993
federal raid on the Branch Davidian complex in Waco, Texas,
issued his preliminary findings Friday. After years of GOP
rhetoric that Janet Reno's minions conducted warfare against
David Koresh's sect, Republican stalwart Danforth concluded with
"100 percent certainty" that the attorney general and the federal
government were not guilty of any wrongdoing.

"The blame rests squarely on the shoulders of David Koresh. This
is not a close call," Danforth told reporters at a press
conference in St. Louis.

The report concluded that "[g]overnment agents did not start or
spread the tragic fire of April 19, 1993, did not direct gunfire
at the Branch Davidians, and did not unlawfully employ the armed
forces of the United States."

In his preface to the report, Danforth, who was on the short list
of potential running mates for George W. Bush, warned of the
"readiness of so many of us to accept as true the dark theories
about government actions at Waco." Danforth also took aim at the
media. "Sensational films," he wrote, "construct dark theories
out of little evidence and gain ready audiences for their
message." The statement appeared to be an allusion to the Academy
Award-nominated 1997 documentary Waco: The Rules of Engagement,"
created by Dan Gifford and Michael McNulty.

One of the theories promoted in the film was that federal agents
fired gun shots on the day the Davidians' Mount Carmel complex
ignited into a lethal inferno -- a conclusion that has been
brought into question by the Danforth report as well as a recent
wrongful-death lawsuit ruling in favor of the government. The
film has always had its critics, including former FBI agent Bob
Ricks (the agency's press liaison during the negotiations in the
51-day standoff), who told the Houston Chronicle that Gifford and
McNulty's film was "totally biased, one-sided and without factual
basis."

In his first interview since the release of the Danforth report,
which was critical of his film's findings, Dan Gifford blasted
the Republican senator's conclusions. He offered a library of
conspiracy theories and at one point even admitted, "I know this
stuff starts to sound like X-Files but this is very real."
Gifford suggested that he has been under government surveillance
since the film was released, with spooks popping up at his visits
to bookstores, cafes and even at a recent lecture he gave in New
York.

So it's no surprise that he would take a skeptical view of the
findings in Danforth's $12 million, 10-month investigation.
Nevertheless, "The Rules of Engagement" was a critical hit on the
film festival circuit, and has become the definitive documentary
of the 1993 siege. Gifford's admirers no doubt share his
skepticism.

In his introduction to the report, Danforth writes that
"sensational films construct dark theories out of little evidence
and gain ready audiences for their message." As the producer of
one of the most referenced films about the Waco siege, how do you
respond to that?

If that is a reference to our film, there is not "little
evidence." He may be referring to others. I would point out that
our film has been out, around the world, under scrutiny for three
years, and it has held up. If the intent is to try to denigrate
the films or the findings, we stand by them; that's just totally
false. It was not put together with scant evidence, it was very
thoroughly researched.

But in his preliminary report, Danforth contested one of the
primary arguments of "Waco: Rules of Engagement," which is that
federal agents directed gunfire at the Branch Davidian compound.

Nothing surprises me. This is what I predicted would be the
outcome. As you may know, I refused to talk to them because I had
no confidence in what I was hearing. When I was first contacted,
my first question to them was, "Can you stop the surveillance and
harassment?" Without missing a beat, without so much as a pause,
their comeback was, we can't do anything about that. What that
tells me is they're really not in charge. Even Danforth says that
they had foot-dragging and people in the Department of Justice
and FBI lying to them. Everyone wants this to go away, including
myself. But the conclusions he's reached are absurd.

Such as?

That the government did not fire at the Davidians, when it's
right on their own video and CBS's "60 Minutes" hired an expert
who says it's gunfire. This year, even Dan Rather's show "60
Minutes II" hired an expert and did what I've been after
reporters for a long time to do, which is to take (and they had a
former British Army guy do this) the same kind of rifle they had
on the ground and fire in front of an infrared camera and then
compare it. He did, and he says there's no question that it's
gunfire. It's not swamp gas reflecting off Jupiter, it's gunfire
from the government's side working in coordination with the
tanks.

In addition you've got Edward Allard, who's in the film as the
on-camera expert, whose credentials are impeccable as the head of
the Defense Department's night-vision laboratory. Before we even
put it in [the film], I took this personally to 10 people with
expertise in identification of weapons fire and night-vision
technology, and they all agreed that's what it is.

The problem here is that you have the available pool of expertise
that is largely working for the government or has government
contracts. The Waco reenactment that was done [on March 19 as
part of a wrongful death suit brought by Davidian survivors
against the government] is always presented as if it was done by
an independent firm, implying that it has no axe to grind, no
connections, and is completely free to come to whatever its
conclusions are. Fact is, that firm is [mostly] owned by Anteon
Corporation, one of the largest defense contractors, holding
major contracts with the FBI for training and for software and
also with the Treasury Department and the ATF for training.

What other findings in the Danforth report did you disagree with?

All the evidence that I've seen is that the ATF fired first. And
that came out in the trial -- that it was the ATF agents who were
killing the [Davidians'] dogs. How you would come to an opposite
conclusion in their situation -- especially with all the obvious
-- the destruction of evidence, the videotapes, the missing half
of the front door -- is beyond me. You might remember that the
FBI lied over and over and over again that it did not have
fragmentation grenades, and then it turns out they had in excess
of 240 millimeter fragmentation grenades there. I don't know of
any other reason to have fragmentation grenades unless you plan
to kill someone.

It's a nasty episode. Ramsey Clark was right on the money when he
said to the jury that Waco is something that could happen to
anybody. All you have to do is demonize someone for political
gain, and that's all Waco really was from the beginning. We have
found no evidence that there was anything happening among the
Davidians that was illegal or that the federal people had any
authority over. Whether an illegal weapon was constructed during
the standoff is another matter. I'm talking about the initial
stages.

Again, let's go back and look at the setup. If you look on the
Web site, you've seen the report about the ATF agents who went
out to target-shoot with David Koresh and the Davidians about a
week before the initial raid, and they actually handed Koresh and
the Davidians their guns to shoot. And then they go to the judge
and say these people are firing automatic weapons or illegal
weapons or whatever they said out there. Then we have the episode
where Koresh has invited the ATF agents to bring their list of
serial numbers (they had all the serial numbers of the guns he
had bought from a deal) up to the building and to take a look at
whatever it was that they had there. You don't make that kind of
offer if you have something to hide.

The usual people that take up for this kind of government action
-- the ACLU, for instance -- aren't interested because to get
into Waco, you have to question the War on Guns, and the War on
Terrorism and the violations of civil liberties and all the rest
of it that's been going on. We're talking about the Davidians
here, who are not very palatable and not very well liked. It's a
class warfare. People in newsrooms or Hollywood just don't care.

How do you think Danforth reached his conclusions?

It would have to be political. There's national security -- a lot
of the documents that the government was refusing to turn over,
that people were dragging their feet about are claimed to be
national security documents. You have to ask yourself what could
possibly be national security about Waco. It turns out that
classified communication and electronic weapons were being tested
on the Davidians.

My impression from the questions is that he really didn't have
the kind of access or clout to do it. He's going to have to
question: Why are aspects of what happened at Waco considered
national security? What was going on there? What were these
classified weapons? There's a lot of things I don't know if he
could get into. I don't know what kind of security clearance he
had. I'm taking the position that this was a good faith
investigation on his part, but it looks to me as if he's been
hornswoggled, and it doesn't surprise me at all.

But the verdict in the recent lawsuit brought by the Davidians
against the government also failed to support the theory promoted
in your film.

You get a very pro-government judge and you stack the deck. I've
never heard of empaneling an advisory jury that has no authority.
It doesn't really surprise me. Let's not forget that a jury also
said that O.J. Simpson didn't murder two people. It doesn't prove
anything. What we're talking about here is the official process,
and this isn't the first time in history where there's an event
so heinous that it can't be admitted to, and it has to be
claimed, officially, that it didn't happen. Waco did happen.

The Republican Congress has been intensely critical of President
Clinton and Janet Reno on Waco. Did you find it odd for a
Republican leader of Danforth's status to exonerate 100 percent
an administration his party has been so critical of?

The answer is no. Not if this is the same John Danforth that told
us that Clarence Thomas would make a great Supreme Court justice,
but [Thomas] would then go on to write some of the most
police-state friendly opinions in the history of the country.
Danforth is an establishment, status quo conservative. I think
his heart would be in protecting the reputation of the
establishment.

That question [of partisan rancor] presumes that the Waco
incident would only give Democrats a black eye, and I can assure
you that that's not true. Remember, the investigation of the
Davidians began under the Bush administration. There's more to
this. There are questions about who in the administration knew
anything about it, what decisions were made. All of that was left
out of the Department of Justice report -- it's just abominable.


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