-Caveat Lector-

http://hss.fullerton.edu/comparative/danforth.reactions.htm


Semantic Difficulties in Danforth Report on Waco

by Stuart A. Wright (Associate Director of Graduate Studies
and Professor of Sociology at Lamar University in Beaumont, Texas. He is
editor of Armageddon in Waco (University of Chicago Press, 1995) and he
testified in the 1995 Congressional hearings on Waco.)



Semantic Difficulties in Danforth Report on Waco by Stuart A.  Wright
(Associate Director of Graduate Studies and Professor of Sociology at Lamar
University in Beaumont, Texas.  He is editor of Armageddon in Waco
(University of Chicago Press, 1995) and he testified in the 1995
Congressional hearings on Waco.)

Was anyone else confused by the inconsistencies between the Special
Counsel's conclusions and the substantive discussions of material in the
report on Waco?  On Friday, July 21, Special Counsel John Danforth absolved
the government of wrongdoing and concluded that there was no cover-up in the
Waco disaster.  A 152-page Interim Report was issued to the press and can be
downloaded over the internet (www.osc-waco.org).  Curiously, much of the
report is spent discussing missing or concealed evidence (audio tapes, FLIR
tapes, expended pyrotechnic projectiles, incriminating page from FBI
evidentiary lab report), FBI misstatements to the Attorney General, Congress
and the public, the failure of government prosecutors to turn over
exculpatory evidence in the 1994 Davidian criminal trial, withholding key
evidence of incendiary devices in the civil case by an FBI attorney, the
failure by officials who authored the Justice report to discover and
document use of pyrotechnic devices, and various other instances of
miscommunication, negligence and vital omissions.

No cover-up?  The authoritative Webster's New Universal Unabridged
Dictionary defines cover-up as "something used for hiding one's real
activities, intentions, etc.." The report even chides government personnel
for "non-disclosure," suggesting that these individuals might have sought to
conceal information for fear of "personal or professional ruin." How does
the Office of Special Counsel (OSC) define "cover-up?"

The answer lies on p.44 of the report.  It states: "Whether or not there was
a cover-up is in many respects dependent upon nuances in terminology."
Nuances in terminology?

A central issue in the Danforth investigation has been the use of incendiary
devices by the FBI during the April 19 CS insertion.  For six years, the FBI
denied using incendiary devices that might have started the fire that killed
74 Davidians.  These denials were relayed to the Attorney General
immediately after the tragic conflagration.  Indeed, the AG asked for and
received assurances that no incendiary devices would be used prior to the
April 19 assault as a condition of her approval for the gassing plan.

These denials were repeated in the 1994 criminal trial of the Davidians in
San Antonio, as prosecutors failed to disclose evidence of pyrotechnic
rounds in their Brady v.  Maryland submission to defense attorneys .  They
were repeated in the 1995 Congressional hearings to members of the
subcommittees who specifically requested "a listing of all pyrotechnic and
incendiary devices" used at the Davidian complex.
And finally, they were repeated in responses to requests for FBI documents
in the civil case.For the semantically challenged, the report explains that
there is an important, though subtle, difference between "pyrotechnic" and
"incendiary" devices.

The purpose of an incendiary device, we learn, is designed to cause a fire.

Technically, therefore, a pyrotechnic tear gas round is not incendiary,
presumably because a pyrotechnic round may cause a fire but is not intended
to do so.  Incredibly, the Danforth report concludes that the FBI
(mis)statements to the AG, the Justice Department, to Congress and the
American public that "they never used any incendiary devices" were
"technically true," excluding, of course, the failure to disclose to
Congressional subcommittees who asked for a list of both pyrotechnic and
incendiary devices.  In the latter case, the federal prosecutor, Ray
Jahn,admitted to making a false statement, claiming he was merely
"negligent.

"Further complicating matters was that different terms were used for
pyrotechnics rounds by different personnel.  Pyrotechnic rounds were
variously referred to as "military rounds," "bubbleheads," and "cupcake
rounds." Who could know that these terms all referred to pyrotechnic devices
in the absence of a government linguist or translator?

Another complication, we are told, was that HRT commander Dick Rogers, who
authorized the use of pyrotechnic rounds, claimed that the AG's prohibition
against pyrotechnics applied only to its use at the living quarters of the
Davidians and not the concrete construction pit where they were apparently
fired.  Never mind that Attorney General Reno believes her exact words
prohibited pyrotechnics at the compound, "which...included the concrete
construction pit." Apparently, Rogers did not share this belief, "so there
was no meeting of the minds."

Rogers also failed to correct false statements given to Congress by the FBI
in 1993 and the Attorney General in 1995 even though "Rogers attended the
congressional hearings precisely to ensure that Congress was provided with
accurate information." The OSC downplayed the actions as merely "a
significant omission."
FBI attorney Jacqueline Brown twice failed to disclose key evidence of
military rounds in the civil case brought by the Davidians against the
government.  She also attempted to conceal her actions to the OSC.  "Brown
repeatedly made inconsistent, self-serving, misleading, and false statements
to the Office of Special Counsel," the report states.  Her punishment?
Barring additional evidence, the OSC declined to pursue criminal
prosecution.

What appears as nuanced terminology to the OSC may seem more like a rather
straightforward case of cover-up to government outsiders.

The Danforth team expends a lot of energy apologizing for government
misdeeds by attributing the problem to "semantic difficulties."

While the Special Counsel's findings that the government did not start the
fire at Mt.  Carmel or shoot at sect members trying to escape are a welcome
relief, the correlative claim that no cover-up took place suffers semantic
difficulties of its own.  A careful reading of the report, in conjunction
with other evidence, suggests that government officials in the FBI and DOJ
were fearful of disclosing the use of pyrotechnic devices for obvious
reasons.

Waco is a touchstone of antigovernment sentiment and a black mark on federal
law enforcement.  While the government was cleared of these specific
charges, there are plenty of other things they did wrong at Waco which
neither the OSC investigation or the civil trial addressed.  Let's be
honest.

The failure to disclose evidence, whether by intent, omission, or
negligence, was an exercise in damage control to preserve the already
beleaguered image of federal law enforcement.  Or perhaps in some cases, an
effort to avoid "personal or professional ruin." The OSC should takes its
own advice; government has a responsibility to be open and candid to the
American people so as to restore confidence in public officials.

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