Profile: Robert Jay Mathews
Robert Jay Mathews was a participant or observer in the following events:
Arizona tax protester Marvin Cooley writes a best-selling book, The Big Bluff, documenting the struggles of his fellow anti-tax protester, W. Vaughn Ellsworth. Cooley, whose gruff tirades against the IRS and the federal government make him popular on the far-right speaking circuit—in 1971, he wrote to the IRS: “I will no longer pay for the destruction of my country, family, and self. Damn tyranny! Damn the Federal Reserve liars and thieves! Damn all pettifogging, oath-breaking US attorneys and judges.… I will see you all in Hell and shed my blood before I will be robbed of one more dollar to finance a national policy of treason, plunder, and corruption”—includes sample letters and copies of his own tax returns in his book. Among Cooley’s adherents is Robert Jay Mathews, who will go on to found the violent neo-Nazi group The Order (see Late September 1983). In 1970, the 17-year-old Mathews, still living with his parents in Phoenix, becomes a sergeant-at-arms for some of Cooley’s meetings. In 1973, Mathews will use Cooley’s income tax theories to fraudulently list 10 dependents on his W-4 tax form, a common protest tactic that winds up with Mathews convicted of tax fraud (see 1973). Cooley, a vocal proponent of tax protester Arthur Porth (see 1951-1967)‘s “Fifth Amendment Return” strategy (refusing to pay taxes on Fifth Amendment grounds) will go to jail for tax evasion in 1973 and again in 1989. [Southern Poverty Law Center, 12/2001; Anti-Defamation League, 2011]
Robert Jay Mathews, a young conservative and resistance-movement organizer living in Phoenix, Arizona, is arrested for submitting fraudulent income tax returns. Mathews, who has read a recently published book, The Big Bluff by anti-tax protester Marvin Cooley (see 1970-1972) and served as sergeant-at arms for some of Cooley’s meetings in Phoenix, does not believe the US government has the right to compel him to pay taxes. Mathews uses Cooley’s income-tax theories to fraudulently list ten dependents on his W-4 tax form, a common protest tactic that backfires when tax assessors realize that a 20-year old unmarried man is unlikely to have so many dependents. Mathews is convicted of misdemeanor tax fraud; he is given six months’ probation and warned if he commits tax fraud again, he will be charged with felony tax evasion. [Southern Poverty Law Center, 12/2001; HistoryLink, 12/6/2006; Anti-Defamation League, 2011] Mathews will go on to found The Order, one of the most violent anti-government organizations in modern US history (see Late September 1983). He will die during a 1984 standoff with FBI agents (see December 8, 1984).
Young anti-government organizer Robert Jay Mathews, currently living on a rural property in Metaline Falls, Washington, joins the National Alliance, a white-supremacist group founded by author and activist William Pierce (see 1970-1974). Mathews is profoundly affected by Pierce’s book The Turner Diaries (see 1978) and other books, including Oswald Spengler’s The Decline of the West, Louis Beam’s Essays of a Klansman, and William Simpson’s Which Way Western Man? which tells of a plot by Jews to destroy “the White Christian race.” In early 1982, Mathews joins the Church of Jesus Christ Christian, located in the Aryan Nations compound in Hayden Lake, Idaho, and also joins the Aryan Nations. Both the church and the organization advocate the necessity of creating a “white homeland” in northern Idaho. Mathews then founds the White American Bastion, a splinter group designed to bring Christian families to the Northwest. [Kushner, 2003, pp. 222; HistoryLink, 12/6/2006] Mathews will go on to found The Order, one of the most violent anti-government organizations in modern US history (see Late September 1983). He will die during a 1984 standoff with FBI agents (see December 8, 1984).
Richard Butler, the head of the white separatist and neo-Nazi organization Aryan Nations (see Early 1970s), hosts the first Aryan World Congress at the Nations compound in Hayden Lake, Idaho. The event attracts many of the area’s racist leaders. Butler begins holding more gatherings in subsequent years and begins appointing state leaders of Aryan Nations chapters. One of the brightest young leaders in Butler’s coterie is Robert Jay Mathews, who will go on to found the violent white supremacist group The Order (see Late September 1983). Other prominent Nations members at the conferences include: Tom Metzger, leader of the White Aryan Resistance; Louis Beam, a former Klansman who will promote the concept of “leaderless resistance” (see February 1992); Don Black, a former Klansman who will create Stormfront, the largest white separatist forum on the Internet; and Kirk Lyons, a well-known lawyer who will represent a number of extremists facing criminal charges. [Southern Poverty Law Center, 2010; Southern Poverty Law Center, 2010]
Entity Tags: White Aryan Resistance, Louis R. Beam, Jr, The Order, Kirk Lyons, Don Black, Aryan Nations, Tom Metzger, Richard Girnt Butler, Stormfront (.org), Robert Jay Mathews
Timeline Tags: US Domestic Terrorism
Robert Jay Mathews, a white supremacist and activist (see 1980-1982), gives a speech at the National Alliance convention in Arlington, Virginia, reporting on his efforts to recruit farmers and ranchers into the “white racialist” movement (see 1969). Mathews receives the only standing ovation of the convention. He also renews his acquaintance with Thomas Martinez, a former Ku Klux Klansman from Philadelphia, and becomes close friends with him. [HistoryLink, 12/6/2006] Mathews will go on to found The Order, one of the most violent anti-government organizations in modern US history (see Late September 1983). He will die during a 1984 standoff with FBI agents (see December 8, 1984).
The logo of ‘The Order.’ [Source: Eye on Hate (.com)]Robert Jay Mathews, a white supremacist and activist (see 1980-1982 and September 1983), invites eight men to his property in Metaline Falls, Washington: neighbor and best friend Kenneth Loft; former Ku Klux Klansman David Edan Lane; Daniel Bauer; Denver Daw Parmenter; Randolph George Duey and Bruce Carroll Pierce of the Aryan Nations; and National Alliance recruits Richard Harold Kemp and William Soderquist. Mathews and his eight guests found a new organization called, variously, “The Order,” “The Silent Brotherhood” or “Bruder Schweigen,” and “The White American Bastion.” The group uses the story depicted in the novel The Turner Diaries as its framework, determining to use violence and crime to destabilize the US government and establish a whites-only society. In the novel, “The Organization” finances its revolution by armed robberies, counterfeiting, and other crimes designed to disrupt the US economy. Mathews decides his group will use the same plan. Mathews is also inspired by real crimes, such as a failed 1981 armored car heist by the Black Liberation Army. [Kushner, 2003, pp. 222-223; HistoryLink, 12/6/2006]
Bruce Pierce. [Source: Eye on Hate (.com)]Four members of the newly founded white supremacist guerrilla group The Order (see Late September 1983), Robert Jay Mathews, Bruce Pierce, Randolph Duey, and Daniel Bauer, carry out the group’s first armed robbery to finance their plans for armed insurrection. They rob an adult video store in Spokane, Washington, and escape with $369. Mathews, the group leader, decides to strike next at an armored car. [HistoryLink, 12/6/2006]
Bruce Pierce, a member of the white supremacist guerrilla group The Order (see Late September 1983), is arrested in Yakima, Washington, for passing counterfeit $50 bills at a local mall. Pierce obtained his counterfeit bills from an operation coordinated with the Aryan Nations in western Idaho. Pierce is interviewed by a Secret Service agent, but refuses to give him any real information. Order leader Robert Jay Mathews (see Late September 1983), worried that Pierce might talk to police or another prisoner, tries to finance Pierce’s bail by robbing a bank north of Seattle. Mathews escapes with over $26,000, but most of the money is ruined when an exploding dye pack stains the bills. Pierce eventually posts a $250 bond and is released. [HistoryLink, 12/6/2006] Pierce will later murder Denver radio host Alan Berg (see June 18, 1984 and After).
Bruce Pierce, a member of the secretive white supremacist organization The Order (see Late September 1983), pleads guilty to passing counterfeit currency (see December 3-23, 1983). He believes he will receive a light sentence as this is his first criminal offense, but because he shows no remorse for his actions and refuses to divulge information about his connections to the Aryan Nations, he is sentenced to two years in federal prison. Instead of reporting to prison, Pierce holes up with Order leader Robert Jay Mathews and becomes a federal fugitive. [HistoryLink, 12/6/2006] Pierce will later murder Denver radio host Alan Berg (see June 18, 1984 and After).
Robert Jay Mathews, the leader of the violent white supremacist group The Order (see Late September 1983), journeys to Seattle, Washington, with six of his followers to rob a second armored car (see March 16, 1984). Mathews has new recruit Gary Lee Yarborough manufacture small bombs to be used as diversions. On April 19, Yarborough sets off a bomb in an adult theater near the mall where the truck will be; on April 23, Mathews calls in another bomb threat to divert police. The same day, the group successfully robs the armored truck, securing $536,000, though over $300,000 of this money is in checks, which the group destroys. Mathews and another colleague go to Missoula, Montana, where they buy firearms, ammunition, other weapons, and a state-of-the-art computer to give The Order access to the Internet. [HistoryLink, 12/6/2006]
Two members of the white supremacist group The Order (see Late September 1983), Bruce Pierce and Richard Kemp, bomb the Congregation Ahavath Israel Synagogue in Boise, Idaho. They use the first bomb Pierce has assembled, and it does little damage. Order leader Robert Jay Mathews is angry over the bombing, not because he disapproves, but because he feels the bomb should have destroyed the building. [HistoryLink, 12/6/2006] Pierce will later murder Denver radio host Alan Berg (see June 18, 1984 and After).
Robert Jay Mathews, the founder and leader of the secretive white-supremacist group The Order (see Late September 1983), has decided the group should murder Denver radio host Alan Berg. Berg, a Jewish liberal with a confrontational style, has frequently sparred with white supremacists and neo-Nazis on the air, and for this reason Mathews has decided he must die. Mathews sends Order member Jean Margaret Craig to Denver to observe Berg’s movements and determine if he is a viable target. Mathews decides that the “hit” on Berg will take place in June. [HistoryLink, 12/6/2006] Mathews and three Order members will kill Berg a month later (see June 18, 1984 and After).
Four members of the secretive white supremacist group The Order (see Late September 1983), Randolph Duey, Richard Kemp, and new recruits David Charles Tate and James Dye, murder an Aryan Nations member, Walter Edwards West. Order founder Robert Jay Mathews ordered West’s murder after learning that West had been getting drunk in bars around Hayden Lake, Idaho—the location of the Aryan Nations’ compound—and bragging about The Order’s recent exploits (see April 19-23, 1984 and April 29, 1984). Duey and Kemp kidnap West from his home and drive him into the woods, where the four kill him with hammer blows to the head and a rifle shot to the face. They then dump his body into a previously prepared grave. [HistoryLink, 12/6/2006]
Alan Berg. [Source: Denver Post]Alan Berg, a Jewish, progressive talk show host for Denver’s KOA 850 AM Radio, is gunned down in his driveway as he is stepping out of his car. The murder is carried out by members of the violent white-supremacist group The Order (see Late September 1983), a splinter group of the Aryan Nations white nationalist movement. Berg, who was described as often harsh and abrasive, regularly confronted right-wing and militia members on his show. Federal investigators learn that The Order’s “hit list” includes Berg, television producer Norman Lear, a Kansas federal judge, and Morris Dees, a civil rights lawyer and co-founder of the Southern Poverty Law Center (SPLC). Radio producer Anath White later says that some of Berg’s last shows were particularly rancorous, involving confrontational exchanges with anti-Semitic members of the Christian Identity movement (see 1960s and After). “That got him on the list and got him moved up the list to be assassinated,” White will say. [HistoryLink, 12/6/2006; Rocky Mountain News, 5/1/2007; Denver Post, 6/18/2009]
Preparing for the Murder - Order leader Robert Jay Mathews had already sent a colleague to Denver to determine if Berg was a viable target (see May 17, 1984). The four members of the assassination team—Mathews, Bruce Pierce, David Lane, and Richard Scutari—assemble at a local Motel 6 to review their plans. Pierce, the assassin, has brought a .45 caliber Ingram MAC-10 submachine gun for the job. All four men begin to surveill Berg’s townhouse.
Gunned Down - At 9:21 p.m., Berg drives his Volkswagen Beetle into his driveway. Lane, the driver, pulls up behind him. Mathews leaps out of the car and opens the rear door for Pierce, who jumps out and runs up the driveway. Berg exits his vehicle with a bag of groceries. Pierce immediately opens fire with his submachine gun, pumping either 12 or 13 bullets into Berg’s face and body before the gun jams. (Sources claim both figures of bullet wounds in Berg as accurate.) Pierce and Mathews get back into their car, rush back to the Motel 6, gather their belongings, and leave town. Three of the four members of the “hit squad” will soon be apprehended, charged, and convicted. Pierce is sentenced to 252 years in prison, including time for non-related robberies, and will die in prison in 2010; Lane is given 150 years, and will die in prison in 2007. Neither man is prosecuted for murder, as the evidence will be determined to be inconclusive; rather, they will be charged with violating Berg’s civil rights. Scutari, accused of serving as a lookout for Pierce, and Jean Craig, accused of collecting information on Berg for the murder, will both be acquitted of culpability in the case, but will be convicted of other unrelated crimes. Mathews will not be charged due to lack of evidence of his participation; months later, he will die in a confrontation with law enforcement officials (see December 8, 1984). [Rocky Mountain News, 5/1/2007; Denver Post, 6/18/2009; Denver Post, 8/17/2010] In sentencing Pierce to prison, Judge Richard Matsch will say of the murder, “The man [Berg] was killed for who he was, what he believed in, and what he said and did, and that crime strikes at the very core of the Constitution.” [Denver Post, 8/17/2010]
Re-Enacting a Fictional Murder? - Some will come to believe that the assassins may have attempted to re-enact the fictional murder of a Jewish talk-show host depicted in The Turner Diaries (see 1978). [Rocky Mountain News, 5/1/2007; The Moderate Voice, 11/30/2007]
'Opening Shot ... of a Truly Revolutionary Radical Right' - Mark Potok of the SPLC will characterize Berg’s murder as an early event leading to the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). “In a sense, it was one of the opening shots of a truly revolutionary radical right,” Potok will say, “perfectly willing to countenance the mass murder of American civilians for their cause.” [Denver Post, 6/18/2009] Berg’s ex-wife, Judith Berg, will travel around the country in the years after her ex-husband’s murder, speaking about what she calls the “disease and anatomy of hate,” a sickness that can infect people so strongly that they commit horrible crimes. In 2007, she will tell a reporter that Berg’s murder was a watershed event that inspired more hate-movement violence. “What happened to Alan in the grown-up world has reached into the youth culture,” she will say. “It opened the door to an acceptance of violence as a means of acting on hate.… While our backs are turned toward overseas, hate groups are having a heyday. People are very unhappy; they’re out of work and jobs are scarce. They’re ripe for joining extremist groups. We need to understand what happened to make sure it doesn’t happen again.” [Rocky Mountain News, 5/1/2007] White later says of Pierce, Lane, and their fellows: “It’s left me to wonder what makes somebody like this. I think these people didn’t have much opportunity in their lives and scapegoat. They blame others for not making it.” [Denver Post, 8/17/2010]
Entity Tags: Norman Lear, Robert Jay Mathews, Richard Scutari, Morris Dees, Richard P. Matsch, Mark Potok, Jean Margaret Craig, Judith Berg, Alan Berg, Anath White, Aryan Nations, Bruce Carroll Pierce, David Edan Lane, KOA 850 AM Radio, The Order
Timeline Tags: US Domestic Terrorism
David Lane, a member of the secretive white supremacist group The Order (see Late September 1983) and one of the group members responsible for murdering Denver radio host Alan Berg (see June 18, 1984 and After), gives $30,000 in counterfeit bills (see December 3-23, 1983) to Thomas Martinez in Philadelphia. Martinez is not a member of The Order, but has reluctantly agreed to pass on the bills on the group’s behalf. Martinez ignores Lane’s advice to pass on the bills in New Jersey and not his own neighborhood, and passes over $1,500 in neighborhood stores. On June 28, he is arrested after a liquor store owner alerts authorities about the fake bills. Martinez is questioned by the Secret Service, but though he is fully aware of The Order’s array of crimes, tells his questioners nothing. He telephones Order leader Robert Jay Mathews, asking that he give him $1,600 for an attorney. Mathews tells Martinez to be patient, that the group is planning another robbery (see March 16, 1984 and April 19-23, 1984), and he will then send him the money. [HistoryLink, 12/6/2006]
Robert Jay Mathews, the head of the secretive white supremacist group The Order (see Late September 1983), has the group pull a third armored car robbery (see March 16, 1984 and April 19-23, 1984). Mathews has a contact in San Francisco, Charles Ostrout, a supervisor at the Brink’s Armored Car Service depot in that city. In 1982, Ostrout visited Mathews’s White American Bastion (see 1980-1982), complaining that minorities were getting all the jobs and promotions at his company. Mathews and Ostrout decided that the Brink’s run to Eureka, California, at a location north of Ukiah, is the best target. Mathews and six Order colleagues stop the Brink’s armored truck on Highway 101 and rob the guards of over $3.6 million. During the robbery, Mathews loses a 9mm Smith and Wesson pistol registered to one of his fellow robbers, Andrew Barnhill; the gun will give the FBI its first solid lead in the string of robberies, and the FBI will quickly learn of the group’s existence and of Mathews’s identity as its leader. The seven escape and, driving several cars, go to Boise, Idaho, where they split the money between them. [HistoryLink, 12/6/2006]
The members of the secretive white supremacist group The Order (see Late September 1983) discover that the FBI has learned of their group’s existence and has compiled a list of many of its members, including leader Robert Jay Mathews. The FBI is investigating the group for a string of armored car robberies (see March 16, 1984, April 19-23, 1984, and July 19, 1984). The group abandons plans for a fourth robbery and splits up. Mathews and other members move from one cheap hotel and “safe house” to another, while others roam the Northwest in campers and travel trailers. The FBI observes one Order member, Gary Yarborough, moving to a remote mountain cabin near Samules, Idaho. Mathews asks an associate, Ardie McBrearty (see 1974), to establish a telephone message center where group members can leave and receive messages. [HistoryLink, 12/6/2006]
Three FBI agents in a green US Forest Service truck drive onto the wooded Idaho property of Gary Yarborough, a member of the white supremacist group The Order (see August 1984 and After). They are met with gunfire and retreat. They return in the evening with a search warrant. Yarborough has fled into the woods (and will escape to join leader Robert Jay Mathews), but in his cabin the agents find a large collection of evidence of The Order’s crimes, including documents, explosives, gas grenades, cases of ammunition, pistols, shotguns, rifles, two Ingram MAC-10 submachine guns with silencers, gas masks, knives, crossbows, assault vests, radio frequency scanners, and other equipment. Among the cache of weapons is the MAC-10 used to kill Denver radio host Alan Berg (see June 18, 1984 and After). Based on the evidence found in Yarborough’s cabin, the FBI decides to begin arresting members of The Order. [HistoryLink, 12/6/2006]
Gary Lee Yarborough. [Source: Eye on Hate (.com)]Robert Jay Mathews, the leader of the white supremacist group The Order (see August 1984 and After), Order member Gary Yarborough (see October 18, 1984), and a number of their fellow members have rented five houses in small rural communities near Mount Hood, east of Portland, Oregon, in which to hide from the FBI (see August 1984 and After). George Duey and several Order members moved on to the Puget Sound region, where they rented three secluded vacation homes on Smuggler’s Cove near Greenbank on Whidbey Island. On November 23, Mathews contacts Order associate Thomas Martinez and asks him to fly to Portland for a brief meeting. Mathews is unaware that Martinez is now an FBI informant (see October 1, 1984). Mathews and Yarborough meet Martinez at the Capri Hotel in Portland. The FBI had planned on following Mathews back to his new safe house after the meeting, but when they see Yarborough, the agents on site change the plan. The morning of November 24, the agents surround the hotel, waiting for the two fugitives to leave. Mathews leaves his room, spots the surveillance, shouts a warning to Yarborough, and flees across the parking lot. Mathews and an FBI agent exchange gunfire; the agent is wounded in the leg and Mathews suffers a minor wound to his right hand. Mathews manages to escape on foot. Yarborough attempts to flee through the bathroom window at the end of the building, but falls into a tangle of bushes and is captured. The agents secure Mathews’s car, which contains a number of weapons (including a silenced MAC-10 submachine gun and a hand grenade), $30,000 in cash from a recent Order robbery (see July 19, 1984), and documents, including rental agreements for the Mount Hood homes and a book of encoded names and phone numbers. Mathews hitches rides to his Mount Hood hideout, telling anyone who asks that he hurt his hand while working on his car. He tells his followers to leave the Mount Hood homes and flee to Whidbey Island. It is at a Whidbey Island house that Mathews will be killed during a standoff with the FBI (see December 8, 1984). [HistoryLink, 12/6/2006]
Robert Jay Mathews, the leader of the white supremacist group The Order (see August 1984 and After) and a fugitive from justice, pens a four-page “Declaration of War” while recuperating from a minor gunshot wound (see November 23-24, 1984). The letter accuses the FBI of trying to force him to leave his job as an electrician in Metaline Falls, Washington (see 1980-1982), and blames the FBI’s interest in him on his “involvement in the Tax Rebellion Movement from the time I was 15 to 20 years old” (see 1973). Mathews writes of his “thorough disgust… with the American people,” whom he says have “devolved into some of the most cowardly, sheepish, degenerates that have ever littered the face of this planet.” He writes that once he realized “White men” or “Aryans” are the only proper leaders and inhabitants of the US, he determined to take action to “cleanse” the nation of “Mexicans, mulattoes, blacks, and Asians.” Mathews writes of his belief that “a small, cohesive alien group within this nation” with “an iron grip on both major political parties, on Congress, on the media, on the publishing houses, and on most of the major Christian denominations in this nation” are working to ensure that whites become an oppressed and subservient minority in America. Now, he says, the US government “seems determined to force the issue, so we have no choice left but to stand and fight back. Hail Victory!” Mathews denies that his colleague Gary Yarborough fired at FBI agents during those agents’ attempts to secure evidence at Yarborough’s mountain cabin (see October 18, 1984), falsely claims that during the incident, FBI agents “used Gary’s wife as a shield and a hostage and went into the house,” and claims that Yarborough chose not to kill a number of agents, but instead to flee without further violence. He claims that the FBI attempted to “ambush” him at a Portland motel (see November 23-24, 1984), and that FBI agents accidentally gunned down the motel manager in an attempt to shoot Mathews in the back. He also claims that he could have easily killed the FBI agent he shot at the motel, but chose to spare his life, shooting him in the leg instead. Mathews further asserts that FBI agents threatened his two-year-old son and his 63-year-old mother in their attempts to locate him. He declares that he is not going into hiding, but instead “will press the FBI and let them know what it is like to become the hunted.” He writes that he may well die soon, and concludes: “I will leave knowing that I have made the ultimate sacrifice to ensure the future of my children. As always, for blood, soil, honor, for faith, and for race.” The letter “declares war” against the “Zionist Occupation Government of North America,” and calls for the murder of politicians, judges, and any other authority figures who interfere with The Order’s attempt to overthrow the government and exterminate other races. It concludes, “Let the battle begin.” [Robert Jay Mathews, 12/1984; HistoryLink, 12/6/2006]
Robert Jay Mathews. [Source: Wikimedia]Robert Jay Mathews, the leader of the neo-Nazi, white supremacist group The Order (see Late September 1983 and June 18, 1984 and After), is killed during a standoff with federal authorities at a rented vacation home near Smugger’s Cove on Whidbey Island, Washington State. Mathews has been on the run after escaping from federal custody in November 1984 and in the process wounding an FBI agent in the leg (see November 23-24, 1984). On December 3, the FBI’s Seattle office received an anonymous tip that Mathews and other Order members were hiding in three hideouts on Whidbey Island, and were heavily armed. The FBI dispatched 150 agents to the island to ensure none of the members escaped. By December 7, the FBI had all three hideouts located and surrounded. Four members of the group surrender without incident, but Mathews refuses, instead firing repeatedly at agents from inside the Smuggler’s Cove house. After 35 hours of fruitless negotiations, agents fire three M-79 Starburst illumination flares into the home, hoping that the house will catch fire and drive Mathews out. Instead, Mathews either chooses to remain inside the house, or is unable to leave. He dies in the flames. The FBI recovers his charred body the next morning. News reports about the siege are the first many Americans hear of The Order and its war against what it calls the “ZOG,” or Zionist Occupation Government, which Mathews and others characterize as a “Jewish cabal” running the US government. [HistoryLink, 12/6/2006] In 2003, researcher Harvey Kushner will write of Mathews, “For many on the racist right, he died a martyr.” [Kushner, 2003, pp. 223]
After the death of Robert Jay Mathews, the founder and leader of the white supremacist group The Order (see December 8, 1984), federal authorities decide to “roll up” the group. Federal prosecutors from six states meet secretly in Seattle and decide to use the Racketeer Influenced and Corrupt Organizations Act (RICO) against Order members. Under RICO statutes, all defendants are considered co-conspirators and are jointly responsible for all the crimes committed by the group (see October 28, 1983, December 3-23, 1983, March 16, 1984, April 19-23, 1984, April 29, 1984, May 27, 1984, June 18, 1984 and After, June 24-28, 1984, July 19, 1984, and November 23-24, 1984). The RICO Act also allows the government to seize and forfeit all property and assets used by the criminal organization to further its goals. Between December 1984 and March 1985, the Justice Department builds a massive conspiracy case against The Order. On April 15, 1985, a grand jury in Washington State returns a 20-count indictment against 23 members of The Order with racketeering, conspiracy, and 67 separate offenses. By this time, 17 members of The Order are in custody; by the month’s end, all but one member, Richard Scutari (see March 19, 1986), are in custody. [HistoryLink, 12/6/2006]
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).
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