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Context of 'April 7, 1993: FBI Discusses Use of Tear Gas to Flush Davidians from Compound'

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BATF agents surround the Branch Davidian compound in the first minutes of the raid.BATF agents surround the Branch Davidian compound in the first minutes of the raid. [Source: Associated Press]Agents of the Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes abbreviated ATF) prepare to serve arrest and search warrants against members of the Branch Davidian religious sect, housed in a compound they call Mt. Carmel, on a hill just outside Waco, Texas (see November 1992 - January 1993). The Branch Davidians are a Christian group currently led by David Koresh (see November 3, 1987 and After), who is the prime focus of the arrest and search warrants. Koresh and the Davidians are known to have large stashes of firearms, many of which authorities suspect are illegal to own by US citizens—automatic rifles, machine guns, and the like. Koresh has preached that the End Times, or Apocalypse, will begin sometime around 1995, and the Davidians must arm themselves to prepare for the coming conflict. As a result, Koresh and a number of Davidians have been amassing weapons since 1991, along with gas masks, bulletproof vests, and military-issue MREs, or “meals ready to eat.” [Dean M. Kelley, 5/1995; US Department of Justice, 7/16/1995; PBS Frontline, 10/1995; PBS Frontline, 10/1995]
Large-Scale Raid Launched - After four days of preparation (see February 24-27, 1993), the BATF forces close on the compound: some 80 government vehicles, including two covered cattle trailers containing 70 BATF agents in full SWAT gear, reach the staging area near the compound by 7:30 a.m. Two or perhaps three Texas National Guard helicopters are deployed. [New York Times, 3/27/1993; Dean M. Kelley, 5/1995; Austin Chronicle, 6/23/2000] The raid was originally planned for March 1, but was moved forward when the Waco Tribune-Herald began publishing its “Sinful Messiah” series about Koresh (see February 27 - March 3, 1993). BATF spokesman John Killorin will later say the BATF feared the cult might become more alert to the possibility of a raid once the series started. Tribune-Herald editor Bob Lott will say that the newspaper alerted federal authorities the day before the first installment ran, giving the BATF a chance to review its raid plans. [New York Times, 3/27/1993]
Davidians Alerted - A local news reporter’s discussion with a US postal official inadvertently “tips off” the Davidians to the impending raid (see Before 9:45 a.m. February 28, 1993).
BATF Decides Element of Surprise Unnecessary - Koresh is visibly agitated at the news of the impending raid; he tells Robert Rodriguez, whom many Davidians correctly suspect to be a BATF undercover agent (see January 11, 1993 and After): “Neither the ATF nor the National Guard will ever get me. They got me once, and they’ll never get me again.” Looking out of a window, he adds: “They’re coming, Robert, they’re coming.… The time has come.” Fearing that he will be caught on the premises when the raid begins, Rodriguez makes an excuse and hurriedly leaves. Once off the grounds, he alerts the BATF raid commanders that Koresh knows the agents are on their way. Rodriguez reports via telephone to his immediate superior, BATF tactical coordinator Charles Sarabyn, who relays word to Philip Chojnacki, the agent in charge of the raid. The commanders ask if Rodriguez has seen any signs of alarm or guns being distributed. Rodriguez says he has not, though he tells them that Koresh is so agitated that he is having trouble speaking and holding on to his Bible. According to a Treasury Department report (see Late September - October 1993): “Sarabyn expressed his belief that the raid could still be executed successfully if they hurried. Chojnacki responded, ‘Let’s go.’ A number of agents informed the Treasury investigative panel that Sarabyn said things like, ‘Get ready to go; they know we are coming.’” Chojnacki and Sarabyn decide to rush the raid, hoping to deploy before the Davidians are mobilized. [Newsweek, 5/3/1993; Dallas Morning News, 8/28/1993; Time, 10/11/1993; Dean M. Kelley, 5/1995; House Committee on Government Reform and Oversight, 8/2/1996] Rodriguez will testify that he attempts to find Sarabyn and appraise him of his fears that the Davidians are preparing to resist with violence, but will say that by the time he arrives at the BATF command post, on the Texas State Technical College campus, Sarabyn and his companions have already departed. Rodriguez will testify: “At that time, I started yelling and I said: ‘Why, why, why? They know we’re coming, they know we’re coming.‘… [E]verything was very quiet, very quiet, and if I remember right, everybody was really concerned. I went outside and I sat down and I remember starting to cry.” Sarabyn and Chojnacki will later testify that while they understood Rodriguez’s fears, neither of them believe Koresh is aware of the impending raid; testimony from Rodriguez and another BATF agent, Roger Ballesteros, will contradict their claims. [House Committee on Government Reform and Oversight, 8/2/1996] A Los Angeles Times report later makes a similar claim, apparently based on Rodriguez’s recollections; the BATF will deny that report entirely. A Waco Tribune-Herald article later reports that just before the raid, a voice comes over BATF radios saying: “There no guns in the windows. Tell them it’s a go.” Two weeks after the raid, Newsweek will incorrectly report that Rodriguez, whom the article does not identify, “apparently thought little of the call [alerting Koresh of the impending raid] at the time,” left the compound, and reported an “all clear” to his colleagues. [Newsweek, 3/15/1993] Other reports have Davidians telling one another, “The Assyrians are coming,” and making preparations to resist an assault. [Newsweek, 5/3/1993] In 1996, a Congressional investigation will find that Chojnacki and Sarabyn’s decision to go ahead with the raid even though the element of surprise had been lost was a “reckless” error: “This, more than any other factor, led to the deaths of the four ATF agents killed on February 28” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]
Davidians Resist - The Davidians successfully resist the raid (see 9:30 A.M. and After, February 28, 1993), in the process killing four BATF agents (see 11:00 A.M. and After, February 28, 1993) and bringing about a standoff between themselves and the FBI (see 12:00 p.m. February 28, 1993).

Entity Tags: Charles Sarabyn, Texas National Guard, John Killorin, Philip Chojnacki, Branch Davidians, David Koresh, Waco Tribune-Herald, Texas State Technical College, Bob Lott, Robert Rodriguez, US Bureau of Alcohol, Tobacco, Firearms and Explosives

Timeline Tags: 1993 Branch Davidian Crisis

Sheriff James Harwell. The FBI allows him to negotiate with the Davidians, but only for a brief period.Sheriff James Harwell. The FBI allows him to negotiate with the Davidians, but only for a brief period. [Source: PBS]President Clinton gives his implicit endorsement for a negotiated solution to the standoff between federal agents and the Branch Davidian sect members near Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and 12:00 p.m. February 28, 1993). By 6:00 a.m., the FBI has assumed formal control of the situation. FBI agents set up a fully functioning command post by the afternoon, and FBI agents in armored vehicles surround the compound. FBI Special Agent in Charge Jeffrey Jamar, named site commander, arrives to take charge. Daniel Hartnett, the associate director of enforcement for the Bureau of Alcohol, Tobacco, and Firearms (BATF) also arrives. The Davidians allow 10 children to leave the compound, apparently as a result of intense hostage negotiations between the Davidians and the FBI’s Hostage Rescue Team (HRT) personnel, who have just arrived on-scene. Deputy Treasury Secretary Roger Altman goes to Waco and meets with BATF agent Bill Buford. Davidian leader David Koresh becomes agitated when he sees the vehicles moving in; he is further angered when he learns that the FBI has blocked all incoming and outgoing telephone calls except for communications between him and the negotiators. Koresh assures the negotiatiors that his Davidians are not contemplating mass suicide. FBI Director William Sessions advises Clinton that a “waiting strategy” to handle the situation is best, and Clinton agrees. [Moore, 1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] Some of the agents who surround the compound have black ribbons on their identification badges to memorialize the four BATF agents slain during the raid. [New York Times, 3/3/1993]
Supplies and Surveillance - Starting today and for weeks to follow, FBI negotiators will provide the besieged Davidians with some requested items, including food and supplies for the children. In some of these provisions, FBI agents insert listening devices, which give the agents a limited amount of knowledge as to topics being discussed among the Davidians. [Dean M. Kelley, 5/1995]
Negotiations - The FBI chooses not to retain the services of BATF agent James Cavanaugh, who successfully negotiated the cease-fire between the BATF and the Davidians; Cavanaugh has already gained a measure of trust from Koresh and his aide Steve Schneider, and had successfully convinced the two to let some children leave the compound. The FBI does allow McLennan County Sheriff Jack Harwell to speak with the Davidians, as the Davidians know him and trust him to an extent. The FBI comes to consider Harwell a “natural” at low-key negotiations. However, within two days, it will prevent him from any further contact with the Davidians. The FBI never allows the Texas Rangers to speak with the Davidians, though the Davidians say they trust the Rangers to treat them fairly; Jamar refuses to speak to Rangers chief David Byrnes. The FBI will later say that it was concerned that “third party” negotiators did not have training in FBI negotiation tactics. [House Committee on Government Reform and Oversight, 8/2/1996]

Entity Tags: FBI Hostage Rescue Team, David Koresh, Dan Hartnett, Branch Davidians, Bill Buford, William S. Sessions, David Byrnes, William Jefferson (“Bill”) Clinton, Texas Rangers, James Cavanaugh, Jeffrey Jamar, Roger Altman, Steve Schneider, Jack Harwell, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

The FBI’s Hostage Rescue Team (HRT) leader Richard Rogers urges senior FBI and Justice Department officials to use tear gas to bring the Branch Davidian siege (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993) to a close. According to a memo written by Deputy Assistant Director Danny Coulson, the FBI’s top expert on tactical matters, “A lot of pressure is coming from Rogers.” Coulson writes that Rogers urged similar tactics in the 1992 Ruby Ridge debacle (see August 31, 1992): “We had similar problems in Idaho with him [Rogers] and he argued and convinced the SACs [special agents in charge of local FBI offices involved in the incident] that [Randy] Weaver would not come out. That proved to be wrong. I believe he is a significant part of the problem here.” Rogers’s advice, that only extreme and violent action could force Weaver to emerge, sparked the death of Weaver’s wife and son. In 1992, Rogers relaxed FBI rules of engagement and tried to force an all-out assault on the Weaver cabin using tanks and tear gas. Weaver eventually surrendered. Coulson believes that Davidian leader David Koresh will also surrender, if given enough time. “All of their intelligence indicates that David [Koresh] does not intend suicide and that he will come out eventually,” Coulson’s memo concludes. [Dallas Morning News, 2/28/2000] The day after Coulson’s memo is circulated, the FBI begins bombarding the compound with sound and light (see March 23-24, 1993).

Entity Tags: Federal Bureau of Investigation, Branch Davidians, Danny Coulson, FBI Hostage Rescue Team, Richard Rogers, Randy Weaver, David Koresh

Timeline Tags: 1993 Branch Davidian Crisis

Richard DeGuerin and Jack Zimmerman, the two attorneys representing Branch Davidian leader David Koresh (see March 29-31, 1993), spend the day of April 1 inside the Davidian compound with Koresh and other Davidians. After departing, the two attorneys inform FBI commander Jeffrey Jamar that the Davidians will leave the compound on either April 2 or April 10, depending on their Passover observance. The FBI says they will “step up” their pressure on the Davidians if they do not leave the compound by the promised date. On April 4, DeGuerin and Zimmerman meet again with Koresh, and reiterate that everyone will depart after Passover. [Moore, 1995; PBS Frontline, 10/1995] FBI agent Bob Ricks says officials are hoping for a resolution of the standoff during Passover. The observance begins at sunset April 5, but Ricks cautions that the Davidians may not be dependent on the traditional Jewish calendar. Koresh is “very flexible with regard to certain biblical events and time schedules,” he says. “He could interpret Passover as beginning right now.” [New York Times, 4/2/1993]

Entity Tags: Branch Davidians, Bob Ricks, Jeffrey Jamar, Federal Bureau of Investigation, Richard DeGuerin, Jack Zimmerman, David Koresh

Timeline Tags: 1993 Branch Davidian Crisis

Despite his promises that his Davidian sect members will leave the compound on April 10 (see April 1-4, 1993), David Koresh, the leader of the besieged Branch Davidians (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993), now refuses to confirm an exit date. Larry Potts, the supervising FBI agent in Washington, and his colleague Floyd Clarke, have flown to Waco; they meet with Richard Rogers, the chief of the Hostage Rescue Team (HRT) to discuss strategy. Rogers proposes using tear gas to flush the Davidians from the compound if they fail to leave as promised (see March 23, 1993). [PBS Frontline, 10/1995]

Entity Tags: Federal Bureau of Investigation, Branch Davidians, Floyd Clarke, David Koresh, Larry Potts, FBI Hostage Rescue Team

Timeline Tags: 1993 Branch Davidian Crisis

The day before the promised departure of the Branch Davidian sect members from their besieged compound (see April 1-4, 1993), Davidian leader David Koresh sends a four-page letter to the FBI, identifying himself as “Yahweh” (the Jewish name for God) and telling it that the “heavens are calling you to judgment.” The letter is written in first-person as if God penned it. “The letter is threatening and cites six Biblical passages,” says FBI spokesman Bob Ricks. “The gist of the letter, like the Biblical passages, conveys messages of a powerful, angry God empowering his chosen people to punish and harm those who oppose him.” Experts analyze the letter, along with others Koresh will send over the next few days (see April 10-11, 1993), and will conclude that Koresh is possibly psychotic and has no intention of leaving voluntarily. [New York Times, 4/10/1993; PBS Frontline, 10/1995]
Davidian Attacked with Stun Grenades - Steve Schneider, David Koresh’s lieutenant, is allowed to briefly leave the compound to deliver Koresh’s letter and to ignite seven smoke flares to commemorate Passover. In the process, FBI agents bombard him with stun grenades, sometimes called “flash-bangs,” to drive him back inside. Ricks explains, “Mr. Schneider, either through his own confusion or whatever, came out one occasion too many yesterday and we had to flash-bang him twice.” [New York Times, 4/10/1993]
Letter Helps Precipitate Decision to Assault Compound - Impelled in part by the letter, the FBI finalizes plans to use tear gas to flush the Davidians from the compound (see April 7, 1993), and begins moving to secure Attorney General Janet Reno’s approval to carry out these plans. [PBS Frontline, 10/1995] Some within the FBI feel that the tear-gas assault is the very worst thing that can be done to resolve the situation (see March 31, 1993). FBI profilers Peter Smerick and Mark Young (see March 3-4, 1993), who warned their superiors that increasing the pressure on Koresh and the Davidians would precipitate a bloody, violent end to the standoff (see March 7-8, 1993), say that the Hostage Rescue Team (HRT) personnel should withdraw from the compound, and that tactical pressure “should be the absolute last option we should consider.” The two experts who analyze the letter tend to agree with Smerick and Young. Clint Van Zandt, of the FBI’s National Center for the Analysis of Violent Crime—the so-called “Silence of the Lambs” team—and Dr. Joseph Krofcheck, a psychiatrist, conclude after reading the letter that an FBI confrontation with Koresh might “bring this matter to a ‘magnificent’ end, in his mind, a conclusion that could take the lives of all of his followers and as many of the authorities as possible.” [New Yorker, 5/15/1995]

Entity Tags: Bob Ricks, Federal Bureau of Investigation, Branch Davidians, David Koresh, Janet Reno, Clinton R. Van Zandt, Steve Schneider, Mark Young, Joseph Krofcheck, Peter Smerick, FBI Hostage Rescue Team

Timeline Tags: 1993 Branch Davidian Crisis

Concertina wire.Concertina wire. [Source: Sodahead (.com)]The day of the Branch Davidians’ promised departure from their compound (see April 1-4, 1993 and April 8, 1993) arrives. No one departs. The FBI’s Hostage Rescue Team (HRT) members begin installing razor-sharp concertina wire around the compound. FBI agents intend to prevent Davidians from sneaking out of the compound, perhaps to assault the agents besieging it (see March 1, 1993); they also intend to keep others from sneaking in, as has already happened twice (see March 24, 1993 and March 26, 1993). The wire may allow the FBI to relieve some of the agents, many of whom have been on-site for five weeks. Officials also admit that the wire is a tacit admission that they expect the Davidians to remain immured in their compound for an indefinite period of time. The FBI is reluctant to mount an assault, spokespersons say, because of its concerns over the welfare of the children inside (see March 28, 1993 and April 9, 1993). Concerns include the effect of tear gas on the children; one agent explains that the amounts necessary to irritate adults enough to drive them out of the compound could prove harmful or even lethal to small children. Moreover, two of the women inside are pregnant, with one expected to deliver sometime in May. Two senior FBI officials have visited Waco in recent days to discuss a possible “end strategy,” including the idea of assaulting the compound with tear gas or other chemicals to drive the Davidians out (see April 7, 1993). FBI officials in Washington say all the options under discussion have flaws, and the only option that could be mutually agreed upon was the installation of the razor wire. Lloyd Bentsen, the secretary of the Treasury, who supervises the Bureau of Alcohol, Tobacco and Firearms (BATF—see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993), says he is intensely worried that any such assault will cost lives, and he has already spoken against escalating the pressure on the Davidians. “I spent most of one night trying to be sure there was not an additional use of force at that situation,” he says. [New York Times, 4/13/1993; PBS Frontline, 10/1995]

Entity Tags: US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, Branch Davidians, FBI Hostage Rescue Team, Lloyd Bentsen

Timeline Tags: 1993 Branch Davidian Crisis

Attorney General Janet Reno discusses tear-gassing the Branch Davidian compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993, March 1, 1993, and April 7, 1993) with senior Justice Department and FBI officials. At first she is reluctant to approve any such plan, asking repeatedly, “Why now, why not wait?” but as the discussion progresses, she becomes more convinced that action must be taken (see April 9, 1993). The plan is presented not as an all-out assault, but as a staged assault whereby gas is used on parts of the compound, theoretically allowing sect members to exit through uncontaminated areas. Reno asks if it is feasible to cut the water supply to the compound. [PBS Frontline, 10/1995] Reno has little real knowledge of the level of infighting and dissension among the FBI officials involved in the standoff (see March 31, 1993). The FBI officials who come to her office give no hint that many are recommending that the negotiations continue and the pressure on the Davidians be lessened. Reporter Peter Boyer will later note that Reno, a Washington outsider only a month into the job (see March 12, 1993), has no “cadre of confidants” willing to give her an unvarnished, complete picture of events. Instead, the FBI officials, led by Director William Sessions, present her with what Boyer will call a “united front,” all agreeing that negotiations have completely broken down and action is now the only option. [New Yorker, 5/15/1995] In 1995, FBI profiler Peter Smerick will claim that top FBI officials “misled” Reno by not providing her with work by himself and other FBI behavioral analysts and negotiators that warned of the risks of such an assault (see 1995). Unbeknownst to Reno, the Washington FBI officials have sent a high-priority request to the FBI commanders in Waco asking for “specific documentation to support our position” that tear gas is the only option. The request outlines how the information would be used to argue against waiting out the Davidians. The request also states the FBI’s plan for addressing questions about negotiations in the report to the attorney general: “The universal assessment of all involved—including FBI and outside consultants: that negotiation would not work,” it says. [Dallas Morning News, 3/6/2000]

Entity Tags: William S. Sessions, Janet Reno, Federal Bureau of Investigation, Branch Davidians, Peter Smerick, US Department of Justice, Peter Boyer

Timeline Tags: 1993 Branch Davidian Crisis

A variety of military-grade CS gas canisters. A ruler lies between them as a size reference. It is unclear if the FBI plans to use canisters similar to these in the Davidian assault.A variety of military-grade CS gas canisters. A ruler lies between them as a size reference. It is unclear if the FBI plans to use canisters similar to these in the Davidian assault. [Source: British Ordnance Collectors]Attorney General Janet Reno approves a modified version of the FBI’s original plan to flush the Branch Davidian compound, Mt. Carmel, with tear gas and force the departure of the 80-odd members (see 5:00 A.M. - 9:30 A.M. February 28, 1993, March 1, 1993, and April 7, 1993). Reno rejected an earlier plan, instead asking for further review (see April 14-15, 1993). According to a later Justice Department report, she gives the prepared material “only a cursory review, leaving tactical decisions to those at Waco,” and begins discussing rules of engagement with FBI Director William Sessions and his top aides. She briefs President Clinton, who concurs with the plan after asking questions about measures designed to ensure the safety of the children in the compound (see March 28, 1993). According to Reno, who will later discuss her conversation with Clinton: “He said: ‘Have you carefully considered it? Have you looked at everything? Do you feel like this is the best way to go?’ And I said: ‘Yes, sir. It’s my responsibility, and I think it’s the best way to go.’” Ultimately, Clinton says, “it is your decision.” The plan has been under discussion since March 22 (see March 22, 1993); Reno will acknowledge that she has been appraised of such a plan since “around March 27th or sometime near the very end of March.” [New York Times, 4/20/1993; PBS Frontline, 10/1995]
Parameters of Plan - The stated mission of the plan is to “secure the surrender/arrest of all adult occupants of the residence while providing the maximum possible security for the children within the compound.” The plan spans some 48 hours, or until all the Davidians have left the building and surrendered. The raid will start with the first “insertion” of CS gas into the front left portion of the residence, the main building of the compound. After a period of time dependent on the Davidians’ response to the CS gas and any negotiations that might take place, more CS will be inserted into the back right portion of the residence. A third insertion will be made at an unspecified point in the residence. After that, all subsequent insertions will be made through the upper and lower windows of the building. The first three insertions will be made by two combat engineering vehicles (CEVs), military vehicles similar to Bradley fighting vehicles but lacking armaments. The CEVs to be used have been outfitted with boom-like arms capable of punching through the walls of the residence. On the booms are mechanical sprayers for the CS. After the third insertion, agents will fire “ferret” round projectiles through the windows; these are small, non-explosive grenade-like projectiles containing CS gas which break apart upon impact and deliver the gas. In addition, more CS will be inserted by the CEVs. HRT (hostage rescue team) and SWAT (special weapons and tactics) units have specific assignments. Maneuvers for the two CEVs, nine Bradleys, and one M-88 tank retrieval vehicle are also specified. FBI snipers are carefully positioned. A “medical annex” is placed to treat what the plan calls “the potentially large number of casualties which could exceed the current medical capabilities of any single agency present,” and there are procedures to be followed to arrest persons exposed to CS. The annex is prepared to evacuate seriously injured agents or Davidians to local and secondary hospitals, as well as the mass surrender of the Davidians if that occurs. The plan also provides for the possibility that the Davidians might not surrender. In that case, the plan states that “if all subjects failed to surrender after 48 hours of tear gas, then a CEV with a modified blade will commence a systematic opening up/disassembly of the structure until all subjects are located.” If Davidians are observed in the compound’s guard tower, agents will fire ferret rounds into the tower. Also: “If during any tear gas delivery operations, subjects open fire with a weapon, then the FBI rules of engagement will apply and appropriate deadly force will be used. Additionally, tear gas will immediately be inserted into all windows of the compound utilizing the four Bradley vehicles as well as the CEVs.”
No Frontal Assault - The plan has no provision for any sort of frontal assault by armed FBI agents; the planners feel that any such assault would almost certainly result in “significant casualties” among the agents, and might well trigger a mass suicide among the Davidians. [House Committee on Government Reform and Oversight, 8/2/1996]
Reno Deliberately Misinformed - Later investigations will show that Reno is being actively misinformed by the FBI in order to secure her approval for the tear gas plan. The FBI procured documentation from the on-site commanders in Waco that supports only the Washington officials’ desire for an aggressive assault using a heavy bombardment of tear gas, and omits material from FBI profiler Pete Smerick and FBI negotiators that warns against such a plan (see April 12, 1993 and 1995). The FBI information presented to Reno does not contain Smerick’s behavioral memos, omits complaints from Smerick and an array of negotiators that negotiations had been progressing until derailed by more aggressive FBI tactics, and omits warnings that using tanks or other force against the Davidians would cause violence and death. The report concludes, “Since negotiations began on Feb. 28, 1993, despite 51 days of efforts, the negotiators have concluded that they have not been able to successfully negotiate a single item with [Davidian leader David] Koresh.” [New Yorker, 5/15/1995; Wall Street Journal, 10/17/1995; Dallas Morning News, 3/6/2000]
Allegations of Child Abuse - A later Justice Department study will show that Reno changes her mind about the plan primarily because she fears the children in the compound are being abused. The FBI’s briefing book notes allegations of child abuse by Davidian leader David Koresh, both sexual and physical. Although the FBI has no evidence of current abuse taking place, someone in the FBI tells Reno that children in the compound are being raped and beaten. According to the Justice Department report, “someone had made a comment in one of the meetings that Koresh was beating babies.” Reno, who came to Washington with the reputation of being a child advocate, later says she “double-checked” the allegation and got “the clear impression that, at some point since the FBI had assumed command and control for the situation, they had learned that the Branch Davidians were beating babies.” However, it is highly unlikely that Koresh is abusing children, largely because the wounds he suffered in the February 28 shootout sharply limit his mobility. Dr. Bruce Perry, chief of psychiatry at Texas Children’s Hospital, has closely examined the children already released from the compound, and concluded that none of them had been subjected to sexual or physical abuse. Perry will later say of the child-abuse allegations, “The FBI maximized things they knew would ring a bell with her.” [New Yorker, 5/15/1995; Wall Street Journal, 10/17/1995] FBI Director William Sessions says on April 19 that no direct evidence exists of current sexual or physical abuse going on among the Davidians. Reno will later state that she possessed “no contemporary evidence” of such abuse. [PBS Frontline, 10/1995] Additionally, some FBI officials worry that Koresh and the other adults may try to break out of the compound using the children as human shields, though no evidence supports this fear. [House Committee on Government Reform and Oversight, 8/2/1996]
Reno Not Told CS Gas Can Be Flammable - The CS gas to be used is also flammable under certain conditions, a fact of which Reno may not be aware. [Dick J. Reavis, 7/19/1995; Wall Street Journal, 10/17/1995]
Exaggerated Warnings of Militia Members En Route - Reno will later state that she receives warnings during the briefings about the possibility that armed militia members may be preparing to converge on Waco to join Koresh in resisting the law enforcement forces gathered around the Mt. Carmel compound (see April 3, 1993). Later investigation shows that the “threat” of “armed militias” consists of one Indianapolis lawyer, Linda Thompson, who has promised to load people into a van, drive to Waco, and protest for the right to bear arms. Thompson says she is part of an organization called the Unorganized Militia of the United States, an organization of which few Justice Department officials are aware. [Wall Street Journal, 10/17/1995]
'Highly Irresponsible' - A House committee investigation in 1996 will find Reno’s decision to approve the assault “highly irresponsible,” and will find, “The final assault put the children at the greatest risk” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]

Entity Tags: US Department of Justice, Janet Reno, Linda Thompson, David Koresh, Federal Bureau of Investigation, Branch Davidians, William Jefferson (“Bill”) Clinton, Bruce Perry, Peter Smerick, William S. Sessions

Timeline Tags: 1993 Branch Davidian Crisis

In interviews conducted for the Justice Department’s probe of the FBI’s 51-day siege of the Branch Davidian compound (see October 8, 1993), several FBI agents present during the siege and/or final assault say the bureau abandoned negotiations much too early and instead implemented aggressive measures that were counterproductive (see March 23, 1993). The interviews will not be included in the Justice Department’s report, and will not be released until December 1999, when they are made available to the special counsel investigating the FBI’s conduct during the final assault (see September 7-8, 1999).
Negotiators 'Had the Rug Pulled Out from under Them' - Some negotiators say during their interviews that because the FBI used punitive paramilitary actions (see March 12, 1993, March 14, 1993, March 17-18, 1993, March 21, 1993, March 22, 1993, March 23-24, 1993, March 25-26, 1993, April 7, 1993, April 10, 1993, and April 17-18, 1993), many Davidians chose to remain inside the compound rather than leave. Gary Noesner, the FBI’s negotiation coordinator for the first weeks of the siege, says, “The negotiators’ approach was working until they had the rug pulled out from under them” by aggressive tactical actions. Noesner’s replacement, Clint Van Zandt, agrees, saying the negotiators’ position was “akin to sitting on the bow of the Titanic and watching the iceberg approach.” Former FBI profiler Pete Smerick, who warned early in the siege that the aggressive tactics being used by the FBI might backfire (see March 3-4, 1993 and March 7-8, 1993), says that the FBI “should not send in the tanks, because if they did so, children would die and the FBI would be blamed even if they were not responsible.… The outcome would have been different if the negotiation approach had been used. More people would have come out, even if Koresh and his core never did.”
Negotiators Submitted Own Plan for Tear-Gas Assault - Noesner says that on March 22, he and other negotiators submitted their own plan for gassing the compound, in hopes that their more moderated plan would be chosen over a more aggressive plan from the Hostage Rescue Team (HRT). “This showed a clear realization… that the negotiations were basically over. They knew they were at an impasse,” Noesner says of FBI negotiators. “They recommended that tear gas be used because they realized this was going to happen anyway and they wanted to control it, to use it with leverage in the negotiations. The tactical interests just wanted to throw the gas in.” The negotiators’ plan became the blueprint for the plan accepted by Attorney General Janet Reno. “It would be allowed to work by letting them sit in it. The idea was to increase pressure but not in a way to provoke a violent response,” Noesner says.
Negotiators' Positions Disputed - FBI agent Byron Sage, one of the senior agents present during the siege, disagrees with some of his colleagues’ comments. In an interview repeatedly cited in the Justice Department report, Sage says: “Could we have gotten a few more people out [had the FBI used different tactics]? Maybe so, and God knows, any life that we could’ve saved would’ve been important. But it’s a total what-if. The fact remains that we did everything we could.” According to former White House counsel Webster Hubbell, also interviewed for the Justice Department report, Sage told him in a phone call that further negotiations were useless, and that some kind of assault on the compound was the only way to resolve the situation. Sage disputes Hubbell’s recollections, saying, “I never said negotiations were abandoned or at a total impasse.” Van Zandt, speaking to reporters in 1999, will say that he is not surprised to learn that Sage, and not Van Zandt, received Hubbell’s phone call. “I probably would’ve told him a lot different,” Van Zandt will recall. “When anyone from Washington asked who should we talk to, [on-site commander Jeffrey] Jamar strongly suggested Sage because he would speak the company line.… I don’t say [Sage] was Jeff Jamar’s man in a negative sense. But Jamar trusted him and knew he’d be working for Jamar when this was all over.” Van Zandt will recall warning “whoever would listen” that the plan was too risky and wouldn’t work. “That fell on deaf ears. I said we’re playing into Koresh’s prophecies. We’re doing what he wants.” Van Zandt will say that shortly before the assault he told the other negotiators what was coming. “It was a very deep, sobering time,” he will recall. Sage will dispute Van Zandt’s recollections also. “I don’t remember anyone jumping up and disagreeing,” he will say. “Hindsight is 20/20. We all agreed that we had reached a point where we would try to force the issue. If that meant the exercise of some force, then tear gas was the lowest level of force available.” [Dallas Morning News, 12/30/1999; USA Today, 12/30/1999]

Entity Tags: Peter Smerick, FBI Hostage Rescue Team, David Koresh, Clinton R. Van Zandt, Byron Sage, Branch Davidians, Federal Bureau of Investigation, Jeffrey Jamar, Gary Noesner, Janet Reno, US Department of Justice, Webster Hubbell

Timeline Tags: 1993 Branch Davidian Crisis

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