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Profile: James B. Francis Jr

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James B. Francis Jr was a participant or observer in the following events:

A researcher for a 1997 documentary about the Branch Davidian debacle near Waco, Texas (see April 19, 1993), questions the government’s claim that the FBI did not use incendiary devices when it launched its assault on the Davidian compound. The assault triggered a fire that swept through the compound and killed nearly 80 Davidians, including their leader, David Koresh. Officials have since denied any use of incendiary or pyrotechnic devices during the assault, and investigations have concluded that the Davidians themselves set the fires that consumed them (see August 4, 1995). Researcher Michael McNulty, who is preparing a new documentary on the final assault, says state and federal officials are refusing to allow public access to over 12 tons of evidence from the Davidian site stored in Waco. McNulty says that according to evidence logs compiled by the Texas Rangers, at least six items listed as silencers or suppressors are actually “flash-bang” devices used by law enforcement officials to stun suspects. McNulty says the devices can start fires in small, enclosed spaces. The evidence logs show that the devices were found in areas of the compound in which the fires began, McNulty says. “It’s our belief that these pieces of ordnance could and probably did have an impact on the fire on April 19th,” he says. Justice Department spokesman Myron Marlin calls the allegations “nonsense” and says they ignore evidence that the fire was set in several places at the same time. “We know of no evidence that any incendiary device or flash-bang device was fired into the compound on April 19,” Marlin says. The chairman of the Texas Department of Public Safety, James Francis, says he has asked a federal judge to take control of the evidence and allow experts to examine it. [Associated Press, 7/29/1999] Francis will succeed in having the evidence opened and reexamined (see August 10, 1999 and After). Shortly thereafter, the Justice Department will admit that such devices were indeed used during the assault, but will claim that they had nothing to do with starting the fires (see August 25, 1999 and After). Examination will show that at least one of the spent shells was from an illumination flare fired into the compound during the early days of the assault (see September 9, 1999).

Entity Tags: Myron Marlin, Branch Davidians, David Koresh, Federal Bureau of Investigation, James B. Francis Jr, Michael McNulty

Timeline Tags: 1993 Branch Davidian Crisis

James B. Francis Jr., the head of the Texas Department of Public Safety and a fundraiser for the presidential campaign of Governor George W. Bush, convinces federal judge Walter Smith to order that government vaults containing 12 tons of evidence from the Branch Davidian compound near Waco be opened, and the contents reexamined. The Davidian compound was destroyed six years ago as the culmination of a 51-day standoff between the residents and the FBI (see April 19, 1993). Smith orders the reopening of the vaults after inquiries from an independent filmmaker, Michael McNulty (see July 29, 1999), and a lawyer, David Hardy, who has long challenged the government’s account of events. There are three kinds of evidence to be examined, Francis has said: “One is shells, shell casings, physical things. The second type of evidence is video and still photographs. The third type are interviews done there on the spot at the time.” Smith’s order reads in part: “First and foremost, the parties to civil litigation pending in this court have the right to seek access (see April 1995). Second, the events that took place between Feb. 28 and April 19, 1993, and thereafter, have resulted in sometimes intense interest from the national media and the members of the public. There may come a time when persons other than the current civil litigants would be allowed access to the materials.” [Associated Press, 8/10/1999; Associated Press, 9/10/1999; Associated Press, 9/17/1999] One document that will prove to be extremely significant is the 49th and final page of a December 1993 lab report that has long ago been made available to lawmakers and attorneys. The 49th page had been removed. It states that FBI investigators who examined the scene at Waco found a “fired US military 40mm shell casing which originally contained a CS gas round,” and two “expended 40mm tear gas projectiles.” (The Justice Department will later claim that the prosecution and defense lawyers in the civil trial received the 49th page as well.) [Associated Press, 9/11/1999] The Texas Rangers review the contents, and find a spent military tear-gas canister, which forces the FBI and the Justice Department to admit that their agents fired incendiary gas canisters into the compound during the final assault (see August 25, 1999 and After). The government has previously denied firing any weapons into the compound that might have caused the conflagration that consumed the building and killed almost all of the residents. As a result of the investigation, the federal government names a special prosecutor to investigate whether there was a government cover-up (see September 7-8, 1999 and July 21, 2000), and Attorney General Janet Reno (see July 29, 1999) has to weather calls from Republican lawmakers to resign. Later, Francis denies reopening the case for political reasons. His decision “unleashed a series of forces that were apparently a lot bigger than what I recognized,” he will say. “I never dreamed that it would turn into something like this.” He will claim that he is “doing everything in my power to not politicize this” controversy. Governor Bush himself refrains from commenting on the issue, though his chief of staff helped bring McNulty and Hardy to Francis’s attention. Hardy will say of Francis, “I don’t think there’s any question that he is the shining light of this entire inquiry.” Hardy used his friends in the Texas gun lobby to contact former Texas Senator Jerry Patterson; Patterson contacted Bush’s chief of staff Clay Johnson, who in turn referred him to Francis. “I think what happened to Jim Francis is he initially wanted to be very low-key and then as more and more revelations began to surface, he became angry and disgusted, as all of us are,” Patterson will say. “This was not a role that he sought.” As for his own role, Francis will say: “It’s important that the facts come out, whatever those are. I’m not a hero, but I have done the right thing.” [Excite, 7/28/1999; Excite, 7/29/1999; Associated Press, 8/10/1999; Associated Press, 9/10/1999; Associated Press, 9/17/1999] In July, the Justice Department called Francis’s allegations of mismanagement and possible cover-ups “nonsense.” [Excite, 7/28/1999; Excite, 7/29/1999]

Entity Tags: Branch Davidians, George W. Bush, David Hardy, Clay Johnson, Federal Bureau of Investigation, Walter Smith, Texas Rangers, James B. Francis Jr, US Department of Justice, Janet Reno, Michael McNulty, Jerry Patterson

Timeline Tags: 1993 Branch Davidian Crisis

Pyrotechnic CS gas canisters.Pyrotechnic CS gas canisters. [Source: Law Enforcement Equipment Distribution]According to newly presented documents, the FBI used two or three pyrotechnic tear gas canisters during the raid on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The documents contradict earlier FBI and Justice Department claims that law enforcement officials did nothing that could have contributed to the fire that killed over 80 sect members. Former senior FBI official Danny Coulson begins the revelations by admitting to the Dallas Morning News that the FBI had indeed used pyrotechnic grenades, though he says the grenades did not start the fires that consumed the building. Texas Department of Public Safety Commission Chairman James Francis says the Texas Rangers have “overwhelming evidence” supporting Coulson’s statement. “There are written reports by Rangers, there is photographic evidence, there is physical evidence, all three of which are problematic,” Francis says. Coulson, the founder of the FBI’s Hostage Rescue Team and a former assistant deputy director, says that two M651 CS tear gas grenades were fired into the building, but they were fired hours before the blazes erupted. Attorney General Janet Reno, who tells reporters she knew nothing of the grenade usage and is “very, very frustrated” at the knowledge, appoints former Senator John C. Danforth (R-MO) as the head of an investigatory commission (see September 7-8, 1999); Danforth will find that, regardless of the use of the pyrotechnic gas canisters, law enforcement officials were not responsible for the fire, and neither the FBI nor the Justice Department tried to cover up any actions (see July 21, 2000). [PBS Frontline, 10/1995; Dallas Morning News, 8/25/1999; Salon, 9/9/1999] The military M651 canisters, which burn for about 30 seconds to heat and release the solidified tear gas inside, were fired from a Bradley fighting vehicle at a bunker near the main building (see September 3, 1999). After the assault, a Texas Ranger found a spent 40mm gas canister shell lying on the ground and asked a nearby FBI agent, “What’s this?” The agent promised to find out, but never returned with an answer; the shell went into evidence containers (see August 10, 1999 and After). Two weeks after the FBI acknowledges the use of incendiary gas canisters at the Waco assault, Reno testifies on the matter to the House Judiciary Committee. She says that, based on the briefings she had been given (see April 17-18, 1993), “It was my understanding that the tear gas produced no risk of fire.… That fire was set by David Koresh and the people in that building.” After her testimony, Senate Majority Leader Trent Lott (R-MS) calls on Reno to resign. [Newsweek, 9/6/1999; Associated Press, 9/10/1999] FBI agent Byron Sage, the chief negotiator during the Davidian standoff, will say in 2003 that the incendiary gas canisters could not have set the fires. “This is the critical point, the M651 rounds were never directed towards the wooden structure,” he will say. “They were used in an area yards away from the building. Also, they were used earlier in the day. The fire didn’t start until four hours later. They had absolutely nothing to do with that fire.” Sage will say that the canisters were fired only at a construction pit near the compound where other gas-discharging devices had been smothered in mud. The pit was targeted because some Davidian gunfire during the ATF raid had come from that area, he will say. [Waco Tribune-Herald, 3/16/2003] Charles Cutshaw, an editor of Jane’s Defense Information and an expert on this kind of weapon, says these military tear gas cartridges are not intended to start fires. He says he knows of no studies or reports on how often such cartridges may have caused fires. [Washington Post, 9/4/1999] Shortly after the admission, federal prosecutor Bill Johnston, one of the lawyers for the government in the wrongful-death lawsuit filed by surviving Davidians (see April 1995), informs Reno that government lawyers had known for years about the use of pyrotechnic tear-gas rounds (see August 30, 1999). Johnston will be removed from the lawsuit and replaced by US Attorney Michael Bradford. [Fort Worth Star-Telegram, 7/21/2000] He will also plead guilty to concealing evidence from investigators concerning the canisters (see November 9, 2000).

Entity Tags: FBI Hostage Rescue Team, Bill Johnston, Danny Coulson, Byron Sage, Branch Davidians, Federal Bureau of Investigation, James B. Francis Jr, Trent Lott, Janet Reno, US Department of Justice, John C. Danforth, Texas Rangers, Charles Cutshaw, Michael Bradford

Timeline Tags: 1993 Branch Davidian Crisis

The FBI launches an internal inquiry into why it took six years to admit that agents may have fired potentially flammable tear gas canisters on the final day of the 1993 standoff with the Branch Davidian cult near Waco, Texas (see August 25, 1999 and After). Attorney General Janet Reno and FBI Director Louis Freeh order 40 FBI agents led by an FBI inspector to re-interview everyone who was at the Waco scene. James Francis, the chairman of the Texas Department of Public Safety who pressed for evidence to be reexamined (see August 10, 1999 and After), says federal officials must explain why Delta Force members were at the scene of the final assault (see August 28, 1999). “Everyone involved knows they were there. If there is an issue, it was what was their role at the time,” Francis says. “Some of the evidence that I have reviewed and been made aware of is very problematical as to the role of Delta Force at the siege.” A Defense Department document shows that a Special Forces unit was at the assault; the US military is prohibited from involvement in domestic police work without a presidential order. FBI spokesman James Collingwood says the bureau continues to insist that it did nothing to start the fires that consumed the Davidian compound and killed almost 80 Davidians (see April 19, 1993). “Freeh is deeply concerned that prior Congressional testimony and public statements [about the use of flammable devices] may prove to be inaccurate, a possibility we sincerely would regret.… [A]ll available indications are that those [pyrotechnic gas] rounds were not directed at the main, wooden compound. The rounds did not land near the wooden compound, and they were discharged several hours before the fire started.” Dan Burton (R-IN), chairman of the House Government Reform Committee, says: “I am deeply concerned by these inconsistencies.… I intend for the committee to get to the bottom of this.” Senator Charles Grassley (R-IA) says that the new evidence indicated “further erosion of the FBI’s credibility.” Privately, Justice Department officials are said to be furious that Reno was allowed to maintain for years that no such incendiary rounds were used during the assault, when some FBI officials presumably knew otherwise. [Associated Press, 8/26/1999] Reno has publicly said she is “very, very upset” at the sequence of events, and Collingwood describes Freeh as “incredulous.” [Newsweek, 9/6/1999]

Entity Tags: James B. Francis Jr, Branch Davidians, Charles Grassley, Federal Bureau of Investigation, Louis J. Freeh, US Department of Justice, James Collingwood, Janet Reno, Dan Burton

Timeline Tags: 1993 Branch Davidian Crisis

James Francis, the head of the Texas Department of Public Safety, announces that Texas Rangers have discovered an expended military illumination flare fired by FBI personnel during the assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993). Francis ordered the 12 tons of evidence removed by the Rangers to be reexamined in light of allegations that the FBI might have helped start the fires that consumed the Davidian compound and killed almost 80 people inside (see August 10, 1999 and After and August 25, 1999 and After). Evidence logs indicate that more of the flares were recovered in the weeks after the compound was destroyed. “These flares are potentially a very important issue, inasmuch as the government had enormous spotlights trained on the compound throughout the standoff,” Francis says. “They didn’t need these flares to light the compound. One or more was fired. For what purpose or reason would these rounds be used? I can’t tell you whether they were [shot by] the military or FBI, but certainly, they were fired by government officials.” Francis is referring to allegations that military personnel took part in the assault (see August 28, 1999). FBI spokesman John Collingwood says that he cannot rule out the use of illumination flares during the assault itself: “Several times during the standoff they had people sneaking in or out of the compound at night. Whether they ever used them then, I don’t know. But I can say categorically, we did not use illumination rounds on the 19th.” Rangers continue to comb through the evidence, stored at a warehouse in Waco. Illumination rounds similar to the ones used during the 51-day siege were used by FBI agents during the gun battle with right-wing extremist Robert Jay Mathews (see December 8, 1984). The house Mathews was using as a hideout caught fire during the battle and Mathews died in the flames. [Dallas Morning News, 9/8/1999] Days later, the FBI will assert that the flares were definitely used during the early days of the siege, in an attempt to prevent an intruder from entering the compound (see September 9, 1999).

Entity Tags: Texas Rangers, Branch Davidians, Robert Jay Mathews, Federal Bureau of Investigation, James B. Francis Jr

Timeline Tags: 1993 Branch Davidian Crisis

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