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Context of 'January 29, 2010: Man Charged in New Jersey Weapons Case, Had Map of Army Base'

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The New York Times publishes a “special report” that claims the February 28 federal raid on the Branch Davidian compound outside of Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993), was “laden with missteps, miscalculations, and unheeded warnings that could have averted bloodshed.” The report is based on interviews with several Bureau of Alcohol, Tobacco and Firearms (BATF) agents involved in the raid as well as FBI agents and soldiers skilled in military raids. At least one of the BATF agents likens the raid to the infamously unsuccessful Charge of the Light Brigade. Four of the agents say that their supervisors knew the BATF agents had lost the element of surprise, but went ahead with the raid anyway. The Times says the raid was “the costliest and deadliest operation in the history of the” bureau. BATF leaders insist they did nothing wrong, and blame a last-minute warning about the raid to the Davidians for the agents’ failure to apprehend Davidian leader David Koresh. BATF chief Stephen Higgins said recently: “I’ve looked at it and rethought it. There was no problem with the plan.” But, the Times notes, the BATF “has provided only sketchy details of what happened, why the raid was even tried, and why it was carried out when it was.” The warrants that provided the basis for the raids are currently sealed (see February 25, 1993); no criminal charges have yet been filed; no government official has even clearly articulated what laws Koresh or his fellow Davidians are believed to have violated, though BATF officials say they believe Koresh has violated federal firearms and explosives laws, and Higgins told a reporter that it was the illegal conversion of weapons from semi-automatic to automatic that led to the raid.
Problems Underlying the Raid - Based on its interviews with its sources, the Times says the following problems caused the raid to fail:
bullet The BATF did not conduct round-the-clock surveillance on Koresh, so its agents did not know for sure if they could have arrested him while he was out of the compound.
bullet “Supervisors of the Bureau of Alcohol, Tobacco and Firearms knew they had lost the element of surprise even before the agents tried to surround the compound but ordered agents to move in anyway.” It was common knowledge in Waco and the surrounding area that something large was being prepared. Hotel workers were amazed to see men from Houston, Dallas, and New Orleans descend on their hotels, wearing army fatigues and talking on two-way radios, which area residents could monitor on police scanners. In addition, at least one BATF official alerted Dallas television news stations to the impending raid the day before it took place (see February 27, 1993). At least 11 reporters were at the scene before the raid began, though none have said how they knew to be there. The reporters now say the BATF did nothing to prevent them from watching and videotaping the raid, and add that agents only became hostile after it became clear that the raid was a failure.
bullet “Helicopters carrying [BATF] agents came under fire over the compound before the assault began, yet the bureau pushed ahead with the mission, which relied on an element of surprise.” The helicopters, on loan from the Texas National Guard and used to observe the raid from the air, quickly came under fire; a bullet passed close to the head of Philip Chojnacki, the agent in charge of the raid. When the helicopters were fired upon, several agents tell the Times, the raid should have been aborted. “That was inexcusable,” one career agent says. “As soon as those shots were taken, the raid should have been aborted. Instead, we were ordered to walk right into it.” He and others say that the agents who were heading toward the compound on the ground were not warned that shots were being fired by the cult.
bullet “The operation was hindered by a communications strategy that made it impossible for different squads surrounding the compound to talk to each other after their squad leaders had been wounded.”
bullet Some agents had not been supplied with contingency plans for encountering heavy gunfire, even though supervisors knew that the cult had for years been stockpiling weapons and suspected that sect members had been converting semi-automatic weapons into automatic weapons to make them more deadly.”
bullet “Some agents’ requests to take more powerful weapons were denied and many had only handguns to face the cult’s arsenal, which included many rifles and at least one .50-caliber weapon.”
bullet “Some agents had not been briefed about the operation until a day earlier and had never been told of the cache of assault-style weapons they would be facing.”
bullet “The firearms bureau did not bring a doctor or set up a dispensary to treat wounded agents, a practice of the FBI. Wounded agents ended up being carried, some by other agents, others on the hoods of trucks and cars, down a muddy road hundreds of yards to await medical assistance.”
No Faith in Promised Federal Investigation - Secretary of the Treasury Lloyd Bentsen, whose department oversees the BATF, has promised a full and independent investigation of the raid. But the Times’s sources say they do not trust Bentsen to launch such an investigation; presumably this explains why they agreed to talk to the Times about the raid. The BATF and FBI agents have been ordered not to publicly discuss the raid, and say the orders on the subject implied they would be disciplined and prosecuted for describing the events of the raid. [New York Times, 3/27/1993]

Entity Tags: Stephen Higgins, Lloyd Bentsen, New York Times, Federal Bureau of Investigation, US Bureau of Alcohol, Tobacco, Firearms and Explosives, David Koresh, Philip Chojnacki, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

The Treasury Department issues a 220-page report on the raid mounted by the Bureau of Alcohol, Tobacco and Firearms (BATF) against the Mt. Carmel compound of the Branch Davidians near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993). The raid resulted in the deaths of four BATF agents, six Davidians, and a 51-day siege culminating in a fiery conflagration that killed most of the Davidians in their burning compound (see March 1, 1993 and April 19, 1993). The report finds that the BATF raid was poorly planned and needlessly aggressive. It criticizes the BATF agents for inadequate information on the Davidians and a plan for an assault dependant on surprise—“shock and awe”—that was carried out even after the Davidians learned of the imminent assault. “The decision to proceed was tragically wrong, not just in retrospect, but because of what the decision makers knew at the time,” the report concludes. The BATF, the report says, handled the situation badly, and then attempted to cover up its poor management with falsehoods and obfustations. “There may be occasions when pressing operational considerations—or legal constraints—prevent law-enforcement officials from being… completely candid in their public utterances,” the report states. “This was not one of them.” After the report is issued, Treasury Secretary Lloyd Bentsen announces the replacement of the BATF’s entire top management; BATF chief Stephen Higgins retires three days before the report is released. Bentsen says, “It is now clear that those in charge in Texas realized they had lost the element of surprise before the raid began.” The field commanders made “inaccurate and disingenuous statements” to cover up their missteps, attempting to blame the agents who actually carried out the raid for their poor planning. [Time, 10/11/1993] However, the report finds that while the BATF made errors during the February raid, the agency was correct in its effort to apprehend violators of federal firearms laws, and the decision to effect a “dynamic entry” was the correct one. The report finds the raid was justified because “[t]he extraordinary discipline that [Davidian leader David] Koresh imposed on his followers… made him far more threatening than a lone individual who had a liking for illegal weapons. The compound became a rural fortress, often patrolled by armed guards, in which Koresh’s word—or the word that [he] purported to extrapolate from the Scripture—was the only law.… Were [he] to decide to turn his weapons on society, he would have devotees to follow him, and they would be equipped with weapons that could inflict serious damage.” The report concurs with BATF claims that Koresh and the Davidians had illegal weapons (see May 26, 1993), though it includes analyses from two firearms experts that show the Davidians may not have had such illegal weapons. The Treasury report repeatedly asserts that Koresh and his followers “ambushed” the BATF agents, finding, “On February 28, [they] knew that [B]ATF agents were coming and decided to kill them.” [Dean M. Kelley, 5/1995] According to a 1996 House investigation, the Treasury report “criticized [B]ATF personnel, but it exonerated all [Justice] Department officials.” [House Committee on Government Reform and Oversight, 8/2/1996]
In Memorium - The Treasury report begins with a black-bordered page reading “In Memory Of” and listing the names of the four BATF officers killed in the raid. [Dean M. Kelley, 5/1995]
Lost the Element of Surprise - Acting Special Agent in Charge Darrell Dyer, the report finds, arrived days before the raid to find no plans had been drawn up; he and another agent drew up a plan that was never distributed. And the agents in charge of the raid, Charles Sarabyn and Philip Chojnacki, decided to stage the raid despite information that the Davidians knew of it and were making preparations to defend themselves. [Time, 10/11/1993]
Falsifications and Questionable Statements - Even before the Waco compound burned, BATF officials were already misrepresenting the situtation. On March 3, 1993, Daniel Hartnett, associate director of law enforcement, told the press that though their agent, informant Robert Rodriguez, knew Koresh had received a phone call, the agent “did not realize this was a tip at the time.” Twenty-six days later, Higgins said, “We would not have executed the plans if our supervisors had lost the element [of surprise].” Both statements are questionable at best. After the compound burned, Texas Rangers asked BATF officials Dyer, Sarabyn, and Chojnacki to show them the plans for the raid; Dyer realized that the rough written plan was not in a satisfactory form, and the three revised the plan “to make it more thorough and complete.” The document they provided to the Rangers did not indicate that it was an after-action revision. The report states: “The readiness of Chojnacki, Sarabyn, and Dyer to revise an official document that would likely be of great significance in any official inquiry into the raid without making clear what they had done is extremely troubling and itself reflects a lack of judgment. This conduct, however, does not necessarily reveal an intent to deceive. And, in the case of Dyer, there does not appear to have been any such intent. The behavior of Chojnacki and Sarabyn when the alteration was investigated does not lead to the same conclusion.” [New York Times, 10/1/1993; Time, 10/11/1993]
Repercussions - Vice President Al Gore recommends that the BATF be dissolved, with its firearms division merged into the FBI and the other two sections merged with the IRS. Bentsen is resistant to the idea. However, such large-scale reorgzanizations are unlikely. After the report is issued, Bentsen removes Chojnacki, Sarabyn, Deputy Director Edward Daniel Conroy, and intelligence chief David Troy from active service. A year later, Chojnacki and Sarabyn will be rehired with full back pay and benefits (see December 23, 1994). [Time, 10/11/1993] The Treasury report, according to author and church advocate Dean Kelley, “helped to diminish criticism of the federal role.” [Dean M. Kelley, 5/1995]

Entity Tags: US Department of the Treasury, Darrell Dyer, Branch Davidians, Albert Arnold (“Al”) Gore, Jr., Charles Sarabyn, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Robert Rodriguez, Stephen Higgins, David Troy, Philip Chojnacki, Dean M. Kelley, Edward Daniel Conroy, Federal Bureau of Investigation, Lloyd Bentsen, David Koresh

Timeline Tags: 1993 Branch Davidian Crisis

Joe Webber.Joe Webber. [Source: US Customs]Joe Webber, running the Houston office of the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement, starts investigating a man believed to be raising money for Islamic militants. The suspect is in direct contact with people who are known to be associated with Osama bin Laden. Webber has good cooperation with the local FBI office, federal prosecutors in Houston, and Justice Department officials in Washington. However, he claims that FBI headquarters officials tell him point blank that he will not be allowed to conduct his investigation. After many months of delays from the FBI, friends from within the bureau tell him that headquarters will not allow the investigation to proceed because it is being run by Customs and not by the FBI. Webber is so upset that he eventually becomes a whistleblower. Sen. Charles Grassley and other politicians support his case and say there are other instances where the FBI impedes investigations because of turf battles. Asked if the FBI would put a turf battle above national security, Webber says, “That’s absolutely my impression. You would think, in a post-9/11 environment, that an event like that wouldn’t occur. But it did.” [MSNBC, 6/3/2005]

Entity Tags: US Customs Service, Joe Webber, Charles Grassley, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Lloyd Woodson.Lloyd Woodson. [Source: Associated Press]Lloyd Woodson, a New Jersey resident, remains in custody after being charged with possession of weapons in a suspected plan to attack a nearby Army base. Woodson was found with a cache of weapons, including guns and a grenade launcher, and a map of New York’s Fort Drum in a New Jersey motel room. Police were tipped off by a convenience store clerk in Branchburg, who called officers around 4 a.m. to report that Woodson was behaving “strangely” in his store. When police arrived, Woodson fled, and officers tackled him in a nearby parking lot. Woodson was wearing a bulletproof vest and carrying an assault rifle. Prosecutors refuse to publicly speculate on what kind of threat they believe Woodson posed. Assistant US Attorney Andrew Kogan tells a state judge why Woodson was arrested and why he should remain in custody: he was carrying weapons and had more in his motel room; he once deserted the military; he has minimal connections to New Jersey, making him more likely to flee; his history with weapons made him a threat; and he said in an interview that he intended to use weapons in furtherance of a crime. The US Attorney’s office refuses to elaborate on Kagan’s court statement. The FBI says Woodson has no known terrorist connections. Woodson enlisted in the Navy in 1988, deserted in 1989, and spent eight years as a fugitive before returning briefly to Navy custody in 1997. [Associated Press, 1/29/2010]

Entity Tags: US Department of the Navy, Andrew Kogan, Lloyd Woodson, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

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