-Caveat Lector-

XXXXX DRUDGE REPORT XXXXX TUESDAY, AUGUST 31, 1999 21:44:09 ET XXXXX


RENO AND FREEH AGREE ON NEW INDEPENDENT PROBE OF WACO

**Exclusive**

Attorney General Janet Reno and FBI Director Louis Freeh have jointly
agreed on calling for of an "outside investigation" into their agencies'
failure to disclose the use of incendiary devices during Waco, the DRUDGE
REPORT has learned.

The move comes one day after the situation turned critical when a Waco
federal prosecutor warned Reno that lawyers within her department had long
withheld evidence that the FBI fired pyrotechnic tear gas within hours
before the compound burned... MORE...

JUSTICE DEPT FIGHTS JUDGE OVER CONTROL OF EVIDENCE

Meanwhile, the DALLAS MORNING NEWS is reporting in hot Wednesday editions:
U.S. Justice Department lawyers on Tuesday challenged a federal judge's
authority to take control over evidence in the Branch Davidian case,
setting up a high-stakes legal showdown.

Judge Smith's ruling came as a result of a motion filed by the Texas
Department of Public Safety [DPS] which had been housing the evidence. The
motion argues that the DPS believed the Justice Department was using them
in order to keep the evidence from being available to the public.

In a 19-page motion, Justice lashed out at U.S. District Judge Walter Smith:

"It should be plain... that separation of powers prevents a federal court
from acting as an independent investigator..."

The Justice Department argued: The judge's move "threatens a wholesale
intrusion" into the Executive Branch and an "unwarranted and substantial
burden" on the entire federal government.

MORE...

"The Justice Department is pretending it now wants an independent
investigation, and at the same time they are doing this: hiding the
evidence," observed one insider.

MORE...

DALLAS MORNING NEWS reporter quotes DPS commission Chairman James Francis
Jr.:

"I think it's very unfortunate that the Justice Department would try to
prevent the federal court in Waco from gaining access to all of the
evidence in light of everything that's happened in the last week... From
what I can understand of the Justice Department's motion today, they're
still attempting to prevent the evidence from being judicially reviewed.
And I think that is most unfortunate."

[Editor's note: Francis is a political appointee of Texas Gov. George Bush.
He is also a top fund-raiser for Bush's presidential campaign. Francis told
NEWSWEEK that his involvement in the developing Waco situation was pure
coincidence. "I'm trying not to be political," he told the magazine, adding
he hasn't even talked to Bush about new Waco revelations.]

DALLAS MORNING NEWS reporter Hancock also follows up on Tuesday's
blockbuster -- that a federal prosecutor is in possession of documents that
point to a Justice Department cover-up of Waco.

Bill Johnston, the longstanding federal prosecutor in Waco, gives further
detail on the three page document in his possession:

"I have evidence that these notes were in the possession of the torts
branch. I know that the lawsuit [a wrongful death suit filed on behalf of
the victims of Waco] began to focus on these issues of whether pyrotechnics
were used several years ago, and the plaintiff's attorneys, who were
alleging their use, specifically requested any documents the government had
like this. I know that the plaintiffs never got the document once its full
importance was known. And I now wonder whether the attorney general had
knowledge of these. I'll bet Ms. Reno would have liked to have known long
ago what this document contained."

Developing hot...

-----------------------------------------------------------
Filed by Matt Drudge
Reports are moved when circumstances warrant
http://www.drudgereport.com  for updates
(c)DRUDGE REPORT 1999

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