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Elliot Richardson, an attorney acting for the software company Inslaw, writes to Attorney General Richard Thornburgh about the dispute with the Justice Department over the department’s alleged misappropriation of enhanced PROMIS software. Richardson complains about a review of the case by the Public Integrity Section (PIS), an oversight component at the department, which came down against Inslaw’s claims (see February 29, 1988). He says that there is a conflict of interest because the department is defending itself against a civil action by Inslaw while at the same time investigating itself over the allegations that form the basis of the action. If the internal investigation found wrongdoing by the department, this would destroy the department’s case in court. His view is that the department has given priority to defending itself against the civil action, not the criminal investigation of its own wrongdoing. Richardson adds that no one from the PIS has contacted him, Inslaw counsel Charles Work, some of the witnesses in the case, or Inslaw’s owners. Despite this, the owners provided the PIS with the names of 30 people who had information relevant to the investigation in December 1988. Therefore, Richardson concludes that the only solution is for the department to appoint an independent counsel. [US Congress, 9/10/1992]
According to CIA Director William Webster, the US considers mounting a rendition operation against the bombers of Pan Am Flight 103. The plane was blown up over Lockerbie, Scotland, causing 270 fatalities in December 1988. Nearly a year later, Webster tells the Washington Post that the administration hopes to locate, seize, and bring to the US for trial the terrorists responsible for the bombing. However, it is not known who committed the bombing at this point. Discussion of the US response to the bombing leads the Justice Department to issue a memo formally authorizing the technique of rendition (see June 1988). [Washington Post, 11/4/1989] As of fall 2008, the full list of operatives involved in the bombing is not known and there are no public records of any of the known alleged bombers being rendered to the US.
Congress reauthorizes the 1965 Voting Rights Act (VRA—see August 6, 1965, 1970, and 1975) for 25 years, until 2014. It also overturns via legislation the Supreme Court’s decision to force voters to prove discriminatory intent before receiving redress (see April 22, 1980). President Reagan signs the bill into law. The reauthorization also adds protections for blind, disabled, and illiterate voters. Reagan calls the right to vote a “crown jewel” of American liberties. [American Civil Liberties Union, 2012]
The US Supreme Court, ruling in the case of Webster v. Reproductive Health Services, gives states significant rights to regulate or constrain the availability of abortions. The ruling splits the Court in a 5-4 vote. The case allows states to restrict the use of public money, medical personnel, or facilities in performing abortions. It upholds a Missouri law that restricts the use of state funds, facilities, and employees in performing, counseling, or assisting with abortions. It adds restrictions to rights previously thought upheld and granted by the Court’s 1973 Roe v. Wade decision (see January 22, 1973). The Missouri law holds that “the life of each human being begins at conception” and “unborn children have protectable interests in life, health, and well-being,” assumptions specifically not granted under federal laws and court decisions. The opinion is written by Chief Justice William Rehnquist, and joined by Justices Byron “Whizzer” White and Anthony Kennedy. Justice Sandra Day O’Connor and Antonin Scalia form the majority vote with concurrent opinions; in his opinion, Scalia lambasts the other justices for not overturning Roe in its entirety. Justice Harry Blackmun joins Justices William Brennan, Thurgood Marshall, and John Paul Stevens in dissenting from the majority verdict. Blackmun writes that the decision can be interpreted to overturn Roe entirely, and writes, “I fear for the future… a chill wind blows.” [Oyez, 1989; Webster v. Reproductive Health Services (No. 88-605), 7/3/1989; FindLaw, 7/3/1989; CBS News, 4/19/2007]
The newly appointed general counsels of each executive branch receive a memo from William Barr, the new head of the Justice Department’s Office of Legal Counsel (OLC). The memo, entitled “Common Legislative Encroachments on Executive Branch Authority,” details the top 10 ways in which, in Barr’s view, Congress tries to interfere with executive branch powers. The list includes:
“4. Micromanagement of the Executive Branch”;
“5. Attempts to Gain Access to Sensitive Executive Branch Information”;
“9. Attempts to Restrict the President’s Foreign Affairs Powers.”
The memo unequivocally endorses the “unitary executive theory” of the presidency (see April 30, 1986), despite that theory’s complete rejection by the Supreme Court (see June 1988). Barr also reiterates the belief that the Constitution requires the executive branch to “speak with one voice”—the president’s—and tells the general counsels to watch for any legislation that would protect executive branch officials from being fired at will by the president, one of the powers that Barr and other unitary executive proponents believe has been illegally taken by Congress. “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved,” Barr writes. Reflecting on Barr’s arguments, law professor Neil Kinkopf, who will later serve in the OLC under President Clinton, will later write: “Never before had the Office of Legal Counsel… publicly articulated a policy of resisting Congress. The Barr memo did so with belligerence, staking out an expansive view of presidential power while asserting positions that contradicted recent Supreme Court precedent. Rather than fade away as ill-conceived and legally dubious, however, the memo’s ideas persisted and evolved within the Republican Party and conservative legal circles like the Federalist Society.” [Savage, 2007, pp. 57-59]
US District Judge Norma Johnson seals a lawsuit filed in the US Court of Claims by retired 20-year Army intelligence veteran and whistleblower Fred Westerman (see November 1988), who currently heads Systems Evaluations Incorporated (see 1985) and whose government contract was canceled after he reported abuses inside the highly secretive Continuity of Government program (see December 1987 and 1986-1987). Johnson issues a gag order on Westerman, forbidding him from discussing his case with members of Congress. The order comes a day after US News and World Report published an in-depth article on the COG program that highlighted Westerman’s case. Westerman’s lawsuit has been frozen since the Justice Department opened an investigation of his company (see November 1988). In 1990, Westerman will lose another contract, along with his security clearances (see 1990). By November 1991, he will be unemployable, several hundred thousand dollars in debt, and unable to gain any restitution from the government (see November 1991). [Emerson, 8/7/1989; San Francisco Chronicle, 8/8/1989; Associated Press, 9/11/1989; CNN Special Assignment, 11/17/1991]
President George H. W. Bush nominates his former foreign policy adviser, Donald Gregg, to become the US Ambassador to South Korea. Gregg is one of the architects of the Contra funding and supply program (see March 17, 1983). Gregg faces some difficulty in his Senate confirmation hearings stemming from his linchpin role in Iran-Contra, with Senator Alan Cranston (R-WY) telling him: “You told the Iran-Contra committee that you and Bush never discussed the Contras, had no expertise on the issue, no responsibility for it, and the details of Watergate-sized scandal involving NSC staff and the Edwin Wilson gang [a group of ‘rogue’ CIA agents operating in apparent conjunction with Bush] was not vice presidential. Your testimony on that point is demonstrably false. There are at least six memos from Don Gregg to George Bush regarding detailed Contra issues.” But Cranston is the only member of the committee to vote against Gregg’s confirmation. [Spartacus Schoolnet, 12/28/2007]
President Bush signs National Security Directive (NSD) 26, which asserts: “Access to Persian Gulf oil and the security of key friendly states in the area are vital to US national security. The United States remains committed to defend its vital interests in the region, if necessary and appropriate through the use of US military force, against the Soviet Union or any other regional power with interests inimical to our own. The United States also remains committed to support the individual and collective self-defense of friendly countries in the area to enable them to play a more active role in their own defense and thereby reduce the necessity for unilateral US military intervention.”
Policy on Iraq, Iran - NSD 26 is intended to promote the US’s outreach to Iraq as a counterweight to the “inimical” Gulf nation of Iran. The directive states, “Normal relations between the US and Iraq would serve our longer-term interests and promote stability in both the Gulf and the Middle East. The United States government should propose economic and political incentives for Iraq to moderate its behavior and to increase our influence with Iraq.” The directive also warns that Iraq would face “economic and political sanctions” if it continued to pursue biological and chemical weapons, and “[a]ny breach by Iraq of IAEA safeguards in its nuclear program will result in a similar response.”
Human Rights - The directive advocates making “[h]uman rights considerations” an “important element in our policy towards Iraq,” and states that Iraq should be steered away from “its meddling in external affairs, such as in Lebanon, and be encouraged to play a constructive role in negotiating a settlement with Iran and cooperating in the Middle East peace process.” The directive takes a much harder line on Iran, noting that before it can expect normalized relations with the US, it must “cease its support for international terrorism… help obtain the release of all American hostages… hal[t] its subversive activities…,” seek peaceful co-existence with Iraq, and “improv[e] its human rights practices.” [National Security Directive 26, 10/2/1989 ; Wilson, 2004, pp. 81-82]
The US District Court for the District of Columbia upholds a bankruptcy court ruling in favor of Inslaw. The ruling concerned the dispute over the PROMIS software between Inslaw and the Justice Department, which was found to have violated bankruptcy protection provisions (see September 28, 1987 and February 2, 1988), but had appealed (see Between February 2, 1988 and November 22, 1989). Judge William Bryant finds that the department knew an enhanced version of PROMIS was Inslaw’s central asset, that ownership of the software was critical to the company’s reorganization in Chapter 11 bankruptcy, and that the department’s unilateral claim of ownership and its installation of the enhanced version in offices around the United States violated automatic stay bankruptcy provisions in multiple ways. In addition, Bryant agrees with the bankruptcy court’s conclusion that the department never had any rights to the enhanced version and that “the government acted willfully and fraudulently to obtain property that it was not entitled to under the contract.” In addition, when Inslaw suggested mechanisms to determine whether the private enhancements had been made, the government rejected them, and “when asked to provide an alternative methodology that would be acceptable, the government declined.” The department could have used established procedures to get relief from the automatic stay provisions, but simply chose not to do so. Bryant, who also finds that the department tried to convert Inslaw’s bankruptcy to Chapter 7 liquidation, adds, “What is strikingly apparent from the testimony and depositions of key witnesses and many documents is that Inslaw performed its contract in a hostile environment that extended from the higher echelons of the Justice Department to the officials who had the day-to-day responsibility for supervising its work.” Finally, Bryant finds that, as the case was grounded in bankruptcy law, the bankruptcy court was an appropriate forum to hear the dispute and it did not have to be submitted to the Department of Transportation Board of Contract Appeals, an arena for contract disputes. Although most of the damages awarded are upheld, as Bryant finds the bankruptcy court assessed damages based on the evidence it obtained, he reduces compensatory damages by $655,200.88. [US Congress, 9/10/1992]
Author Richard Kelly Hoskins, in his book Vigilantes of Christiandom, puts forth the concept of the “Phineas Priesthood.” Hoskins is a Christian Identity adherent (see 1960s and After). The idea comes from an obscure Biblical character, “Phinehas,” an Israelite who used a spear to kill a “race-mixing” fellow Israelite and the Midianite woman with whom he had had sexual relations. Hoskins concocts the idea of a “brotherhood” of “Phineas Priests,” self-professed “warriors” who would use extreme violence against “race-mixers,” gays, abortionists, and others. Over time, some “Phineas Priests” will commit bombings and bank robberies around Spokane, Washington (see October 8, 1996). In 2002, two Aryan Nations (see Early 1970s) splinter groups will openly adopt “Phineas Priest” names or symbols. [Anti-Defamation League, 2005]
In Britain, offshoots of the Animal Liberation Front (ALF—see 1976), including the “Justice Department” and the “Animal Rights Militia,” injure several people using letter bombs and envelopes rigged with poisoned razor blades. [Anti-Defamation League, 2005] Among the injured are a furrier and his three-year-old daughter. Some of the razor blades are dipped in rat poison; one letter reads in part: “Dear animal killing scum! Hope we sliced your finger wide open and that you now die from the rat poison we smeared on the razor blade.” The letter is signed, “Justice Department strikes again.” British authorities believe that one person, ALF activist Keith Mann, is the leader of the Justice Department, though they cannot be sure. Mann will be sentenced to 11 years in prison for terrorist-related activities. A Justice Department statement explains that the group is willing to go farther than ALF, stating: “The Animal Liberation Front achieved what other methods have not while adhering to nonviolence.… A separate idea was established that decided animal abusers had been warned long enough.… [T]he time has come for abusers to have but a taste of the fear and anguish their victims suffer on a daily basis.” [Southern Poverty Law Center, 9/2002]
As part of its ongoing battle against drug trafficking, the US routinely monitors the phone records of thousands of US citizens and others inside the country who make phone calls to Latin America. The NSA works with the Drug Enforcement Agency in collecting phone records that show patterns of calls between the US, Latin America, and other drug-producing regions. The program is significantly expanded after George W. Bush takes office in 2001. Government officials will say in 2007 that the phone conversations themselves are not monitored, but the NSA and DEA use phone numbers and e-mail addresses to analyze possible links between US citizens and foreign nationals. The program is approved by Justice Department officials in both the Bush and Clinton administrations, and does not require court approval to demand communications records. In 2004, one US telecommunications firm, who is not identified, will refuse to turn over its phone records to the government (see 2004). [New York Times, 12/16/2007] The Bush administration will repeatedly claim that the government did not begin monitoring US citizens until after the attacks of September 11, 2001. However, this NSA/DEA program proves otherwise.
James Wickstrom (see 1975 - 1978), the Posse Comitatus (see 1969) leader who recently spent over a year in prison for impersonating a public official (see 1983), is again sentenced to 38 months in prison for his role in a plot to print and distribute $100,000 in counterfeit bills for the 1988 Aryan Nations World Congress. The counterfeit bills were to help fund paramilitary activities. By the time Wickstrom is released in 1994, the Posse Comitatus has all but dissolved (see 1984). In 2001, author Daniel Levitas will say: “Wickstrom’s light has been fading ever since the compound at Tigerton Dells shut down (see 1983). Wickstrom’s heyday was in the period from 1978 to 1985. That was his period of peak influence. Since then he’s hopscotched around and been able to gather small groups of people around him, but he’ll never return to his former stature in the movement.” Wickstrom will continue speaking to small groups, selling his speeches through the mail and the Internet, and running an obscure weekly Internet-based radio show, which he will abandon in 2003. He will attempt to take leadership of a splinter faction of the disintegrating Aryan Nations organization (see 2003, 2004, and September 2004 and After). [Southern Poverty Law Center, 12/2004]
Attorney General Richard Thornburgh gives a speech to the conservative Federalist Society. Thornburgh complains that the veto power as mandated by the Constitution is no longer enough for a president to be effective in challenging Congress and defending executive branch authority. Lawmakers are adding new restrictions on presidential power into bills that have nothing to do with such issues, making it virtually impossible for the president to defend his prerogatives. “Today’s legislative process has rendered the presidential veto a less effective check on Congressional encroachments than was envisioned two centuries ago,” Thornburgh says. “It is often very difficult for the president to veto legislation that contains sometimes blatantly unconstitutional provisions. For example, Congress has become fond of inserting substantive provisions in appropriations bills. This is what they call making the provision veto-proof.” [Savage, 2007, pp. 234-235]
At the end of January, ethnic Albanians demonstrate in favor of Kosovar communist party leader Rahman Morina. This follows Morina’s refusal to meet with the Free Students, a new group calling for political reforms, the suspension of political trials, and the release of political prisoners. The protesters in January are joined by workers, and tens of thousands protest for the end of the state of emergency, for civil liberties, open elections, and for the freedom of a group of arrested miners and Azem Vllasi, who has been on trial in fits and starts since October in a courthouse ringed by tanks and off limits to diplomats and observers. Demonstrators assault trains, buses, and cars before being attacked by Serbian police, leading to more demonstrations. Academic Paulin Kola will say that 27 protesters and one officer are killed, and over 100 are wounded in all, while author Miranda Vickers will say 31 demonstrators die. The Yugoslav military intervenes and a curfew is declared in late February. However, in mid-April Serbia’s ministry of the interior takes control of Kosovo’s police, and then the Yugoslav presidency ends the emergency and curfew, and releases 108 prisoners, including the miners, Vllasi, and Adem Demaci. Demaci is a popular figure among Kosovar Albanians and advocates non-violent means. Albanian police officers are replaced by 2,500 Serbian police. [Vickers, 1998, pp. 241-243; Kola, 2003, pp. 185-186]
Dr. Rashad Khalifa in 1989. [Source: Public domain]Al-Qaeda operative Wadih el-Hage is linked to the killing of a liberal imam in Tucson, Arizona. Dr. Rashad Khalifa preaches at the Masjid Tucson. There is another mosque in Tucson, the Islamic Center, that is favored by radical Islamists, including al-Qaeda figures like el-Hage (see 1986). Many at the Islamic Center complain about Khalifa and his liberal views, such as allowing men and women to pray together. At some unknown later time, el-Hage will tell US investigators that in January 1990, he is visited by an unnamed, tall, bearded, Egyptian man who says that he has come from New York. This man says he has come to Tucson to investigate Khalifa. El-Hage serves the man lunch at his house while the man continues to angrily complain about Khalifa. El-Hage will tell investigators the man then leaves and he never sees him again. Later this month, on January 31, Khalifa is found murdered in the kitchen of his mosque. Investigators suspect the unnamed man was sent from New York by radical Islamists there. Osama bin Laden has a base of support at the Al-Kifah Refugee Center in New York, and another base of support in Tucson. El-Hage will later tell investigators that he thought Khalifa’s murder was justified. Starting in 1991, the FBI will begin investigating El-Hage, and he will be implicated in the murder of Khalifa, but there is not enough evidence to charge him. [Soufan, 2011, pp. 45-46] However, he will be indicted for lying about his knowledge of the murder. He also says that the murder is a “good thing.” [CBS News, 10/21/2001] Later, seven people will be indicted in Colorado on charges of conspiracy to kill Khalifa. All seven are believed to be members of al-Fuqra, a Muslim extremist group based in Pakistan that has been tied to terrorist activities. Six will be convicted and the seventh will flee the country. However, none of the seven are thought to have committed the murder. In 2009, the prime suspect, Glen Cusford Francis, a citizen of Trinidad and Tobago, will be arrested in Canada and charged with the murder. [Tucson Citizen, 4/29/2009]
A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” [Siegel, 2008, pp. 197]
The Supreme Court, in the case of Austin v. Michigan Chamber of Commerce, rules that the Michigan Chamber of Commerce (MCC) cannot run newspaper advertisements in support of a candidate for the state legislature because the MCC is subject to the Michigan Campaign Finance Act, which prohibits corporations from using treasury money to support or oppose candidates running for state offices. The Court finds that corporations can use money only from funds specifically designated for political purposes. The MCC holds a political fund separate from its other monies, but wanted to use money from its general fund to buy political advertising, and sued for the right to do so. The case explored whether a Michigan law prohibiting such political expenditures is constitutional. The Court agrees 7-2 that it is constitutional. Justices Antonin Scalia and Anthony Kennedy dissent, arguing that the government should not require such “segregated” funds, but should allow corporations and other such entities to spend their money on political activities without such restraints. [Public Resource (.org), 1990; Casebriefs, 2012; Moneyocracy, 2/2012] The 2010 Citizens United ruling (see January 21, 2010) will overturn this decision, with Scalia and Kennedy voting in the majority, and Kennedy writing the majority opinion.
In connection with the Iran-Contra scandal, former National Security Adviser John Poindexter (see March 16, 1988) is convicted of five felonies, including conspiring to obstruct official inquiries and proceedings, two counts of obstructing Congress, and two counts of lying to Congress. Poindexter is sentenced to six months in prison. Instead of serving his jail time, he will win a reversal in federal appeals court. [FINAL REPORT OF THE INDEPENDENT COUNSEL FOR IRAN/CONTRA MATTERS: Chapter 3: United States v. John M. Poindexter, 8/4/1993] The New York Times will write during Poindexter’s sentencing hearing that, though Poindexter had a brilliant career before becoming Ronald Reagan’s national security adviser, he should go to jail because he is not only clearly guilty of the felonies he is convicted of, but he has shown a total lack of remorse or contrition. “The admiral disagreed with [the] fundamental rule of law and apparently still does,” the Times will write, noting that Poindexter apparently feels that if he views the law as incorrect or overly constraining, he is well within his rights to break that law. [New York Times, 6/11/1990]
The Justice Department asks an appellate court to consider its dispute with Inslaw over the enhanced PROMIS software for the Appellate Mediation Program. The program, which has been running for about two years, is intended to benefit parties to a dispute by providing a forum which encourages cases to be settled, or at least the resolution or simplification of some of the issues, through an independent and neutral mediator. However, the success of such attempts hinges on their confidentiality, as cases are not to be shared with judges or anyone outside the relevant court. [US Congress, 9/10/1992] Despite this, the mediation attempts will fail when news of them is leaked to the Washington Post (see October 1, 1990).
Marife Nichols in 1997. [Source: CNN]Terry Nichols, a shy Army veteran (see March 24, 1988 - Late 1990) drifting through life as a single (see November 1988), underemployed father, does something that surprises everyone he knows: he leaves his home state of Michigan for the Philippines to marry a mail-order bride, 17-year-old Marife Torres, who lives with her parents in a small apartment above a lumberyard. Torres lives in Cebu City, where Nichols meets her. Her parents are leery of their daughter marrying an older man; in talking with Nichols, they learn that he wants a Filipino bride because he has been told “they stayed at home.” The two are married on November 20, 1990 at a Chinese restaurant in Cebu, and Nichols returns to Decker, Michigan, to begin the legal process necessary to bring Marife back to the US. [New York Times, 5/28/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 74-75] Nichols will later be convicted of conspiracy in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). His connection to the Philippines will result in shadowy connections with suspected Islamist terrorists in that nation (see Late 1992-Early 1993 and Late 1994 and November 5, 1994 - Early January 1995).
Under political pressure, the Justice Department allows Orlando Bosch, the alleged mastermind of the bombing of Cubana de Aviacion Flight 455 (see October 6, 1976), to remain in the US. Bosch has been in US custody since he entered the US illegally in 1988 (see October 6, 1976). The Justice Department’s decision releases Bosch from custody and puts him under house arrest. It also reverses an earlier ruling that Bosch be deported and it ignores Cuba’s request that he be extradited to Cuba to stand trial for the downing of Flight 455. Later, in 2001, he will be accused of supplying the explosives used in more than a dozen 1997 bombings in Havana. Despite his alleged connection to the bombings, he is permitted to stay in the US. [Salon, 1/11/2002]
Unofficial Americans with Disabilities Act logo. [Source: Broward County, Florida]President Bush signs the Americans with Disabilities Act (ADA) into law. The ADA, according to the Equal Employment Opportunity Commission’s description, “prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees… and its implementing rules.” The law requires that election workers and polling sites provide a range of services to ensure that people with disabilities can vote. [US Equal Employment Opportunity Commission, 9/9/2008; American Civil Liberties Union, 2012]
Matthew Hayhow, the 23-year-old leader of the Ohio chapter of the Church of the Creator (COTC—see 1973 and 1982-1983), is arrested after robbing two banks and ultimately is sentenced to a 25-year prison term. Nine years later, Hayhow will write articles for The Struggle, the tabloid of the COTC’s successor organization. [Southern Poverty Law Center, 9/1999]
A Web graphic opposing the ‘New World Order.’ [Source: Human Symbiose (.org)]In a speech discussing the post-Cold War world, President Bush outlines his vision of a “New World Order.” Bush says: “We stand today at a unique and extraordinary moment. The crisis in the Persian Gulf, as grave as it is, also offers a rare opportunity to move toward an historic period of cooperation. Out of these troubled times, our fifth objective—a new world order—can emerge: a new era—freer from the threat of terror, stronger in the pursuit of justice, and more secure in the quest for peace.” The Southern Poverty Law Center will later write that many people, particularly white supremacists and separatists, take Bush’s phrase “as a slip of the tongue revealing secret plans to create a one-world government.” [Sweet Liberty, 9/11/1990; Southern Poverty Law Center, 6/2001] In 1995, Michigan gun dealer and right-wing activist Frank Kieltyka will describe the “New World Order” to a Buffalo News reporter. According to Kieltyka, the “New World Order” is backed by the US government and led by, among other organizations, the Trilateral Commission and the Council on Foreign Relations (CFR). “We’re moving towards the Communists,” Kieltyka will warn. The belief in this “New World Order” will be emphasized in coming years in the militia movements and by right-wing publications such as The Spotlight, an openly racist, anti-government newsletter. [Stickney, 1996, pp. 157-158]
The Washington Post reports that the Justice Department has asked an appeals court to consider its dispute with Inslaw over enhanced PROMIS software for mediation. The request was made several months earlier (see June 28, 1990), but the process requires confidentially, so the leak forces Inslaw to withdraw and ends the mediation attempts. The House Judiciary Committee will comment that the leak was “completely contrary to the standards of the Appellate Program.” The committee will add: “It is difficult to understand the department’s strategy by this action. It may be that the department wanted to maintain the facade of working diligently to settle a sticky contract dispute while working behind the scenes to sabotage it and keep pressure on Inslaw by forcing it to expend additional resources on legal support during the mediation process. If this is the case, the department was successful. But the department also succeeded in maintaining a near-flawless record of seeking delay over resolution and raising the level of suspicion about its motives to a point where the public trust in the untarnished pursuit of justice is subject to grave doubts.” [US Congress, 9/10/1992]
The US Justice Department appeals an adverse decision of the US District Court for the District of Columbia in the dispute with Inslaw over the alleged theft of the enhanced PROMIS application (see November 22, 1989). The department raises some of the same issues previously raised in its appeal of a bankruptcy court ruling to the District Court and requests a reversal on the basis of the facts found in the bankruptcy court, which it says made “clear errors.” In addition, it argues:
That its use of enhanced PROMIS did not violate automatic stay bankruptcy protection, so the argument should not have been in the bankruptcy court, but before the Department of Transportation Board of Contract Appeals under the Contract Disputes Act;
That since no motion was filed to convert Inslaw from a chapter 11 bankruptcy to a chapter 7, there was no violation of the automatic stay protection in this respect;
That the department has not filed a claim, so it is still entitled to sovereign immunity; and
That damage awards for violation of the automatic stay can only be paid to individuals, not corporations.
The department will be successful and the District Court ruling will be overturned (see May 7, 1991). [US Congress, 9/10/1992]
Interviewed by investigators for Iran-Contra special prosecutor Lawrence Walsh (see December 19, 1986), Defense Department official Lieutenant General John Moellering testifies to his participation in Oliver North’s Restricted Interagency Group (RIG) meetings. In several RIG meetings, North asserted his control over the Nicaraguan Contra activities, discussed the private funding of the Contras, and demanded line-by-line approval of each specific activity (see July 1986 and After). Though he was present for at least one of those meetings, Moellering testifies that he has no recollection of any such behaviors or assertions from North. The later discovery of notes taken during Moellering’s “debriefing” for one such meeting by Moellering’s aide, Colonel Stephen Croker, will prove that Moellering either suffers from systemic memory loss or is lying. [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993] It is not until RIG member Alan Fiers, a former CIA official, testifies in 1991 about North’s behaviors that verification of North’s discussion of such specifics about Contra activities and funding will be made public (see July 17, 1991).
Early diagram of V-22 Osprey. [Source: US Navy]Defense Secretary Dick Cheney refuses to issue contracts for the trouble-plagued V-22 Osprey, a vertical takeoff and landing (VTOL) airplane designed to replace the Vietnam-era Sea Stallion helicopters. Cheney opposes the Osprey, but Congress has voted to appropriate funds for the program anyway. Cheney refuses to issue contracts, reviving the Nixon-era practice of “impounding” funds, refusing to spend money Congress has already appropriated. The practice of impoundment was made illegal by Congressional legislation in 1974; Cheney believes the anti-impoundment law to be illegal, and ignores it. Many look at Cheney’s opposition to the Osprey as an unusual example of fiscal restraint from Cheney, who is well known to favor most high-budget defense programs, but author and reporter Charlie Savage will cite the Osprey example as an instance of Cheney attempting to impose the executive branch’s will on the legislature. The Osprey will become operational in 2006. [Wired News, 7/2005; Savage, 2007, pp. 62]
Dean Harvey Hicks, an engineer from Costa Mesa, California, launches a mortar attack on an IRS service center in nearby Fresno. He had earlier attempted twice to bomb a West Los Angeles IRS office, once with a truck-borne fertilizer bomb (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and had attempted two other bomb and mortar attacks on IRS offices in Southern California between 1987 and 1990. None of the attacks caused serious damage. The FBI learns that he is planning to bomb an FBI office in Los Angeles. Investigators believe that Hicks has nursed a grudge against the IRS since 1981, when the agency disallowed an $8,500 charitable deduction for the Universal Life Church and assessed a hefty penalty against him. Hicks will confess to launching the attacks, and says he attacks the IRS offices because an IRS employee laughed at him when he called with a question. After arresting Hicks, FBI investigators find what they will describe as “a virtual bomb factory” in his garage, along with letters in Hicks’s handwriting claiming responsibility for the attacks on behalf of a group called “Up The IRS Inc.” It is unclear if this group actually exists or is merely a creation of Hicks’s. Hicks’s job gave him access to some of the materials used in the bombing, investigators will conclude, and they will trace the purchase of other explosive components to him. In September 1988, Hicks stole and then exploded a 1971 Toyota Corolla in a parking garage in the basement of a building containing an IRS office in Los Angeles. The owner later received $500 in the mail from an anonymous source. The car was stolen from the parking lot of Hicks’s place of employment, and investigators will tie the Corolla’s theft and bombing to Hicks. The 1990 truck bombing was prevented by firefighters after Hicks fired mortar shells at the truck; had the mortar shells detonated the 2,000 pounds of ammonium nitrate it contained, it could have done tremendous damage and killed hundreds of people. At his trial, Hicks will claim, “The way I set the timing [of the bombings] was intended to cause the greatest amount of display with minimal injury to anyone around it.” Hicks will receive 20 years in prison. [Los Angeles Times, 7/30/1991; Associated Press, 8/17/1991; Anti-Defamation League, 2011]
Former White House counsel John Dean, shocked by allegations that he was behind the Watergate burglary in an attempt to prove that Democrats were involved in a prostitution ring (see May 6, 1991), calls Hays Gorey, a reporter with Time magazine who co-authored a book with Dean’s wife Maureen about her experiences during Watergate. Gorey is shocked that Time is considering running an article on the allegations without conferring with him, as Gorey had anchored much of Time’s Watergate coverage at the time. Both he and Dean are stunned to see that Maureen Dean is accused of being connected to the so-called prostitution ring; Gorey calls the allegations complete fantasy. Gorey learns that Time has secured the rights to print portions of the not-yet-published book making the allegations, Silent Coup. Dean later writes that his wife finds the allegations “laughable,” and is completely certain that her former roommate, Heidi Rikan, never ran any prostitution ring, as the book alleges. She has no knowledge of an attorney named Philip Macklin Bailey, whom, the book’s authors claim, was connected to the supposed prostitution ring, and had her name as well as Dean’s in his address book. By the end of the day, the producers of CBS’s 60 Minutes have decided not to air a segment on the book, as neither the authors nor the book’s publisher can provide any proof of their allegations. Bailey is “unavailable” and the authors either cannot or will not provide any documentation to back up their claims. Time, however, still intends to publish an excerpt from the book and a review. Time’s editors ask Gorey to interview Dean for a sidebar article; by this point, Gorey has talked to numerous members of the Democratic National Committee (DNC) from 1972, and they all say that the allegation of the DNC either operating or patronizing a prostitution ring is absolute fiction. (One former DNC official tells Gorey that had the committee patronized such a ring, he would have been a regular customer.) Gorey loans Dean his advance copy of the book, and after skimming over it, Dean, writing in 2006, concludes that the book is “filled with false or misleading information. All the hard evidence (the information developed by government investigators and prosecutors) that conflicted with this invented story was simply omitted.” Dean and Gorey both wonder why St. Martin’s Press and Time believe they can publish such outlandish accusations without facing lawsuits. [Dean, 2006, pp. xvii-xviii]
Former White House counsel John Dean, who served prison time for his complicity in the Watergate conspiracy (see September 3, 1974), receives an early morning phone call from CBS reporter Mike Wallace. Dean has tried to keep a low public profile for over a decade, focusing on his career in mergers and acquisitions and staying out of politics. Wallace wants Dean’s reaction to a not-yet-published book by Leonard Colodny and Robert Gettlin, Silent Coup, which advances a very different theory about the Watergate affair than is generally accepted. According to Dean’s own writing and a Columbia Journalism Review article about the book, the book’s allegations are as follows:
Richard Nixon was guilty of nothing except being a dupe. Instead, Dean is the mastermind behind the Watergate conspiracy. Dean became involved both to find embarrassing sexual information on the Democrats and to protect his girlfriend, Maureen “Mo” Biner (later his wife), who is supposedly listed in a notebook linked to a prostitution ring operating out of the Watergate Hotel. This alleged prostitution ring was, the authors assert, patronized or even operated by officials of the Democratic Party. Dean never told Nixon about the prostitution ring, instead concocting an elaborate skein of lies to fool the president. According to the authors, Dean’s wife Maureen knew all about the call girl ring through her then-roommate, Heidi Rikan, whom the authors claim was actually a “madame” named Cathy Dieter. The address book belonged to a lawyer involved in the prostitution ring, Philip Macklin Bailey.
According to the book, the other schemer involved in Watergate was Nixon’s chief of staff Alexander Haig. Haig wanted to conceal his role as part of a military network spying on Nixon and his national security adviser, Henry Kissinger (see December 1971). Haig orchestrated the titular “silent coup” to engineer Nixon’s removal from office.
Haig was the notorious “Deep Throat,” the inside source for Washington Post reporter Bob Woodward (see May 31, 2005). Far from being a crusading young reporter, Woodward is, the book alleges, a “sleazy journalist” trying to cover up his background in military intelligence. Woodward had a strong, if covert, working relationship with Haig. [Columbia Journalism Review, 11/1991; Dean, 2006, pp. xv-xvii]
During the phone call, Wallace tells Dean, “According to Silent Coup, you, sir, John Dean, are the real mastermind of the Watergate break-ins, and you ordered these break-ins because you were apparently seeking sexual dirt on the Democrats, which you learned about from your then girlfriend, now wife, Maureen.” Wallace says that the book alleges that Dean had a secretive relationship with E. Howard Hunt, one of the planners of the Watergate burglary. Dean replies that he had little contact with Hunt during their White House careers, and calls the entire set of allegations “pure bullsh_t.” He continues: “Mike, I’m astounded. This sounds like a sick joke.” Wallace says that the authors and publisher, St. Martin’s Press, claim Dean was interviewed for the book, but Dean says no one has approached him about anything related to this book until this phone call. Dean says he is willing to refute the book’s claims on Wallace’s 60 Minutes, but wants to read it first. CBS cannot give Dean a copy of the book due to a confidentiality agreement. [Dean, 2006, pp. xv-xvii] Dean will succeed in convincing Time’s publishers not to risk a lawsuit by excerpting the book (see May 7, 1991), and will learn that the book was co-authored behind the scenes by Watergate burglar and conservative gadfly G. Gordon Liddy (see May 9, 1991 and After). The book will be published weeks later, where it will briefly make the New York Times bestseller list (see May 1991) and garner largely negative reviews (see June 1991).
Entity Tags: Heidi Rikan, G. Gordon Liddy, CBS News, Bob Woodward, Alexander M. Haig, Jr., St. Martin’s Press, Robert Gettlin, Philip Macklin Bailey, E. Howard Hunt, Maureen Dean, Mike Wallace, Leonard Colodny, Richard M. Nixon, Henry A. Kissinger, John Dean
Timeline Tags: Nixon and Watergate
The US Court of Appeals for the District of Columbia reverses two rulings in favor of Inslaw in the dispute over enhanced PROMIS software, following an appeal by the Justice Department (see October 12, 1990). The rulings had been issued by Bankruptcy Court for the District of Columbia (see September 28, 1987) and the US District Court for the District of Columbia (see November 22, 1989). The reversal is granted on what a House Judiciary Committee report favorable to Inslaw will call “primarily jurisdictional grounds.” The appeal court says the bankruptcy court was the wrong place to litigate the issues it decided and, in any case, the department has not violated automatic stay bankruptcy provisions. However, the appeal court notes that both lower courts found that the department had “fraudulently obtained and then converted Enhanced PROMIS to its own use,” and that “such conduct, if it occurred, is inexcusable.” [US Congress, 9/10/1992]
In an unusually fiery speech, President George H. W. Bush tells an audience at Princeton University that he does not hold with Congressional attempts to limit presidential power. “The most common challenge to presidential powers comes from a predictable source,” he says, “the United States Congress.” Bush accuses lawmakers of trying to “micromanage” executive branch decisions, particularly in foreign policy (see July 27, 1989). He denounces Congress for attempting to, in his view, accumulate power at the expense of the executive branch by making excessive and unwarranted demands for information, and by “writing too-specific directions for carrying out a particular law.” Six of the 20 vetoes he has cast were to defend the presidency against such meddling, he asserts. And he criticizes Congress for passing bills containing indefensible earmarks and spending provisions; to curb such excesses, he demands a line-item veto. But he tempers his remarks: “The great joy and challenge of the office I occupy,” he concludes, “is that the president serves, not just as the unitary executive (see April 30, 1986), but hopefully as a unifying executive.” [Savage, 2007, pp. 59]
JAG branch insignia. [Source: About (.com)]Defense Secretary Dick Cheney attempts to have the Judge Advocate General corps of military lawyers placed under the control of the general counsels of the various military branches; the general counsels are political appointees and more amenable to compliance with senior White House and Pentagon officials. Cheney’s decision is initially sparked by a conflict between the US Army’s top JAG, Major General John Fugh, and Army general counsel William “Jim” Haynes. Fugh has compiled a long, outstanding record of legal service in the Army. Haynes, 20 years Fugh’s junior and a civilian, is a former JAG officer (where he worked under Fugh) and a close friend of Cheney’s aide, David Addington. Haynes became something of a protege to Addington, and his career benefited as a result. When Haynes became the Army’s general counsel largely through Addington’s influence, Fugh quickly became irritated with his former subordinate’s attempts to involve himself in issues which Fugh felt should be out of Haynes’s jurisdiction. Haynes eventually goes to Addington for help in his bureaucratic conflicts with Fugh, and Addington takes the issue to Cheney. Cheney responds by asking Congress to place general counsels such as Haynes in direct supervisory positions over the JAG corps. Congress rejects Cheney’s request, but Addington circulates a memo declaring that the general counsels are heretofore to be considered the branch’s “single chief legal officer.” Cheney later rescinds the order under pressure from Congress. After the entire debacle, Haynes will accuse Fugh of disloyalty. Fugh will later recall: “I said, ‘Listen, Jim, my loyalty is owed to the Constitution of the United States and never to an individual and sure as hell never to a political party. You remember that.’ You see, to them, loyalty is to whoever is your political boss. That’s wrong.” [Savage, 2007, pp. 283-286]
Signs held by a WBC picketer at the funeral of a fallen soldier. [Source: Eagle I Online (.com)]The virulently anti-gay Westboro Baptist Church (WBC) of Topeka, Kansas (see November 27, 1955 and After) begins what it calls its “picketing ministry,” holding controversial protests to raise awareness of the church and gain media attention. The first protest is held at Gage Park, a Topeka park that the WBC claims is a “meeting place” for homosexuals. The protests continue well into 2001. In 2012, the church will claim to have held over 40,000 protests. WBC members attend these protests bearing signs with such slogans as “God Hates Fags,” “God Hates Jews,” “Thank God for Dead Soldiers,” “Thank God for IEDs” [improvised explosive devices], and “Thank God for AIDS.” Protesters often shout vulgar and obscene epithets at mourners. The church protests many local businesses and individuals in Topeka, including picketing one restaurant every day for three years because the owner knowingly hired a lesbian employee. Jerry Berger, the owner of the restaurant, will later say that church leader Fred Phelps promises to “put you out of business” if he does not fire the employee. When Berger refuses, Phelps and the WBC hound him and the restaurant for three years until he sells the restaurant and the employee quits. Phelps and the WBC find the woman in her new job and protest her there, also. The WBC also continues to protest at the restaurant. At least one member, Shirley Phelps-Roper, often brings American flags to protests and allows her children to trample the flags during those protests, engendering even more media attention. [Southern Poverty Law Center, 4/2001; Southern Poverty Law Center, 4/2001; Southern Poverty Law Center, 2012; Anti-Defamation League, 2012] The Anti-Defamation League (ADL) will later write that it believes the group’s overriding purpose is to garner publicity for itself. “Every mention of WBC in the media is considered a victory by the group,” it will observe. [Anti-Defamation League, 2012]
George Loeb. [Source: World Church of the Creator]George Loeb, a minister for the white supremacist Church of the Creator (COTC—see 1973 and 1982-1983), is arrested and charged with murdering African-American Gulf War veteran Harold Mansfield Jr. in a Neptune, Florida, parking lot two weeks ago.
Confrontation and Murder - Loeb nearly sideswept Mansfield’s car in the parking lot of a local shopping center, and Mansfield honked his horn at Loeb. The two argued before Mansfield drove away. Loeb then drove to a convenience store, where he bought two six-packs of beer, gave the cashier a card reading “White People Awaken. Save the White Race,” and, according to the cashier, angrily shouted racist epithets and statements while in the store. Meanwhile, Mansfield and a friend returned to the parking lot to confront Loeb. The two resumed their argument. [Anti-Defamation League, 1993; Anti-Defamation League, 7/6/1999; Southern Poverty Law Center, 9/1999] According to witnesses, Loeb provoked Mansfield with racial taunts and epithets. [New York Times, 5/19/2006] Mansfield brandished a brick, and Loeb pulled out a .25-caliber semiautomatic handgun. Mansfield attempted to retreat, but Loeb shot him in the chest. Loeb then fired at Mansfield’s friend, who fled to the grocery store to escape Loeb and call for help. By the time the friend returned to the car, Mansfield was almost dead. He died shortly thereafter.
Previous Arrests for Racially Motivated Altercations - After Loeb’s arrest, the press learns of a previous arrest in November 1990, when Loeb followed an African-American woman and her daughter, called the woman a racial slur, and threatened to shoot her. In January 1991, Loeb was arrested again for starting a fistfight with an African-American neighbor; he was charged with disorderly intoxication and resisting arrest. In April 1991, Loeb wrote a letter to the Fort Pierce Tribune stating his racist views (see April 1991). When they arrest him for Mansfield’s murder, police seize over 1,600 pages of personal correspondence and racist propaganda from Loeb’s apartment, including a document written to a Ku Klux Klan member that reads in part: “The frequent use of the word n_gger should lead to a widespread and violent black uprising that should give whites (and possibly police) the opportunity to kill large numbers of them with impunity. It is our feeling as Creators [COTC members] that shrinking the numbers of blacks worldwide is one of the highest priorities.”
Arrest in New York - Loeb and his wife Barbara left their Neptune condominium and fled Florida within hours of the shooting, assisted by fellow COTC member Steve Gabott Thomas. (Thomas is one of four Army soldiers convicted of raping and murdering a Vietnamese woman in 1966, a crime that formed the basis of the 1989 film Casualties of War. He served four years of a life sentence before being released on parole.) On June 6, 1991, the couple is arrested in Poughkeepsie, New York, after George Loeb assaults a grocery store security guard who caught him trying to steal a package of sandwich meat. Officers search their car and find two smoke bombs, a .22-caliber rifle with a scope and extra magazines, a 12-gauge shotgun, and approximately 1,000 rounds of assorted ammunition. Additionally, Barbara Loeb’s purse contains a handgun and ammunition.
Convictions - Barbara Loeb is arrested for weapons possession, and later sentenced to a year in prison. George Loeb is charged with murder and extradited to Florida. Loeb will claim that he killed Mansfield in self-defense, and will tell the jury that he contemplated fleeing to Canada because it is a “predominantly white country” where he might expect to be treated more impartially. He will be found guilty of first-degree murder and sentenced to 25 years without parole. Loeb will attempt to kill himself in the hours after his conviction; he will tell police, “I want to die because the whole world is an _sshole.” Thomas will be convicted of being an accessory after the fact to the murder and sentenced to a year’s probation, likely because he helped police in capturing the Loebs.
Martyrdom - COTC members will attempt to portray Loeb as a hero and martyr, claiming that he killed Mansfield in self-defense and is a hero of white people everywhere. However, COTC leader Ben Klassen will not publicly endorse the murder, telling a reporter: “I am no more responsible for [the murder] than the pope is responsible for all the Catholic felons in prison.… Not at all.” Klassen will also tell the reporter that Thomas, who aided the Loebs’ flight, will no longer be a COTC member. However, Thomas will continue to be a prominent member of COTC. [Anti-Defamation League, 1993; Anti-Defamation League, 7/6/1999; Southern Poverty Law Center, 9/1999]
A US appellate court refuses to find a number of military contractors liable in the death of Earl Patton Ryals, who died with 36 of his fellow crewmen in the Iraqi attack on the USS Stark (see May 17, 1987 and After). Ryals’s estate claims that he and his fellows died in part because of negligence on the part of the contractors who designed, manufactured, tested, and marketed the weapons system on board the Stark, including the Phalanx anti-missile system. In turning down the estate’s claim, the court cites the government’s “state secrets” privilege (see March 9, 1953), saying that the facts of the issue could not be resolved without examining classified Navy documents. And even without this reason, the court rules, Ryals’s estate cannot see the documents because the case presents “a political question” about military decision-making that is not subject to judicial review. [Zuckerbraun v. General Dynamics Corp., 6/13/1991; Siegel, 2008, pp. 197-198] A year later, a similar case will be dismissed on the grounds that a trial might conceivably reveal “state secrets” (see September 16, 1992).
Anti-abortion protesters gather on a street corner in Wichita. [Source: Patriotic Thunder (.org)]Anti-abortion organization Operation Rescue (see 1986), under the new leadership of the Reverend Keith Tucci, conducts a seven-week occupation of three women’s clinics in Wichita, Kansas. Some 2,700 activists and protesters are arrested during the course of events. [Associated Press, 7/5/1993; Kushner, 2003, pp. 38-39] The occupation is part of what the organization calls the “Summer of Mercy,” which involves a series of clinic blockades, occupations, and harassment of abortion providers, clinic staff, and patients. The event lasts six weeks, and culminates in a rally that fills Wichita’s Cessna Stadium and features conservative Christian activist Dr. James Dobson. One of the clinics targeted is operated by Dr. George Tiller; Tiller will be shot by an anti-abortion activist in 1993 (see August 19, 1993) and murdered by another in 2009 (see May 31, 2009). [Associated Press, 7/5/1993] Some of the Operation Rescue members arrested face charges for attacking police officers trying to keep order at the clinics. Tucci and two other anti-abortion organization leaders, the Reverends Pat Mahoney and Joe Slovenec, are jailed until they agree to comply with Judge Patrick Kelly’s order not to blockade the clinics. Two other Operation Rescue leaders, Randall Terry and Michael McMonagle, are ordered along with Tucci, Mahoney, and Slovenec to leave Wichita; when they refuse to comply with Kelly’s initial order to stop the blockades after agreeing to it, Kelly observes, “You are learning for the first time, I think, that you can’t trust a damned thing they say.” Mahoney retorts, “Hell will freeze over before I surrender my constitutional rights.” He, Tucci, and Slovenec promise to return to Wichita despite the court orders and again protest at the clinics. [Associated Press, 8/31/1991; Associated Press, 7/5/1993] The Bush administration attempts to derail Kelly’s curbing of the anti-abortion activities; the Justice Department files a “friend of the court” brief challenging Kelly’s jurisdiction in the case. “The position we have taken before the Supreme Court of the United States is that the courts do not have jurisdiction, that it is a matter properly handled in state and local courts,” says Attorney General Richard Thornburgh. [Newport News Daily Press, 8/9/1991]
Entity Tags: Richard Thornburgh, US Department of Justice, Patrick Kelly, Operation Rescue, Michael McMonagle, Bush administration (41), George Tiller, James Dobson, Joe Slovenec, Keith Tucci, Pat Mahoney, Randall Terry
Timeline Tags: US Health Care, US Domestic Terrorism
When Supreme Court Justice Thurgood Marshall, the first and only African-American to serve on the Court, announces his retirement, the Bush administration is ready with a far more conservative replacement. President Bush himself is already under fire for previously naming a moderate, David Souter, to the Court, and Bush is determined to give his conservative base someone they can back. Although Bush had wanted to nominate an appropriately conservative Hispanic, his eventual nomination is Clarence Thomas, who is completing his first year as a judge on the DC Court of Appeals. Thomas has two qualifications that Bush officials want: like Marshall, he is African-American; unlike Marshall, he is as conservative a jurist as Antonin Scalia (see September 26, 1986) or Robert Bork (see July 1-October 23, 1987). Two of former President Reagan’s closest legal advisers, C. Boyden Gray and Lee Liberman (a co-founder of the conservative Federalist Society), privately call Thomas “the black Bork.” Bush calls Thomas “the most qualified man in the country” for the position. [New York Times, 7/2/1991; Dean, 2007, pp. 146-153] During the July 2 press conference to announce Thomas’s nomination, Bush says: “I don’t feel he’s a quota. I expressed my respect for the ground that Mr. Justice Marshall plowed, but I don’t feel there should be a black seat on the Court or an ethnic seat on the Court.” For his part, Thomas extols his upbringing as a desperately poor child in Georgia, crediting his grandmother and the nuns who taught him in Catholic schools as particular influences on his life and values. Republican senator Orrin Hatch says that opposing Thomas will be difficult: “Anybody who takes him on in the area of civil rights is taking on the grandson of a sharecropper.” [New York Times, 7/2/1991] However, the non-partisan American Bar Association’s recommendation panel splits on whether Thomas is qualified or not, the first time since 1969 the ABA has failed to unanimously recommend a nominee. Twelve panelists find Thomas “qualified,” two find him “not qualified,” and none find him “well qualified.” One senior Congressional aide calls the assessment of Thomas “the equivalent of middling.” [New York Times, 8/28/1991; Dean, 2007, pp. 146-153] In 2007, former Nixon White House counsel John Dean will write, “For the president to send a nominee to the Supreme Court with anything less than a uniformly well-qualified rating is irresponsible, but such decisions have become part of the politicization of the judiciary.” Thomas, himself a beneficiary of the nation’s affirmative action programs, opposes them, once calling them “social engineering;” he has no interest in civil rights legislation, instead insisting that the Constitution should be “color-blind” and the courts should stay out of such matters. Civil rights, women’s rights, and environmental groups are, in Dean’s words, “terrified” of Thomas’s nomination. To overcome these obstacles, the Bush administration decides on a strategy Dean calls “crude but effective… us[ing] Thomas’s color as a wedge with the civil rights community, because he would pick up some blacks’ support notwithstanding his dismal record in protecting their civil rights. [New York Times, 7/2/1991; Dean, 2007, pp. 146-153] The nomination of an African-American quells some of the planned resistance to a conservative nominee promised by a number of civil rights organizations. [New York Times, 7/2/1991] Three months later, Thomas will be named to the court after a bitterly contentious brace of confirmation hearings (see October 13, 1991).
Entity Tags: Orrin Hatch, US Supreme Court, Lee Liberman, Robert Bork, John Dean, Thurgood Marshall, David Souter, American Bar Association, Bush administration (41), Antonin Scalia, George Herbert Walker Bush, Clayland Boyden Gray, Clarence Thomas
Timeline Tags: Civil Liberties
A Time magazine cover story on BCCI. [Source: Time Magazine]The Bank of England shuts down Bank of Credit and Commerce International (BCCI), the largest Islamic bank in the world. Based in Pakistan, this bank financed numerous militant organizations and laundered money generated by illicit drug trafficking and other illegal activities, including arms trafficking. Bin Laden and many other militants had accounts there (see July 1991). [Detroit News, 9/30/2001] One money-laundering expert later claims, “BCCI did dirty work for every major terrorist service in the world.” [Los Angeles Times, 1/20/2002] Regulators shut down BCCI offices in dozens of countries and seize about $2 billion of the bank’s $20 billion in assets. BCCI is the seventh largest bank in the world. Sheikh Zayed bin Sultan Al Nahyan, the President of the United Arab Emirates (UAE), owns 77% of the bank at the time of its closing. He and the UAE government will end up losing about $8 billion. About 1.4 million people had deposits in the bank and will end up losing most of their money. [Levy and Scott-Clark, 2007, pp. 98-99] American and British governments were aware of its activities yet allowed the bank to operate for years. The Pakistani ISI had major connections to the bank. [Detroit News, 9/30/2001] The Bank of England is forced to close BCCI largely because of outside pressure. Beginning in February 1991, the mainstream media began reporting on BCCI’s criminal activities as more and more whistleblowers came forward. [Levy and Scott-Clark, 2007, pp. 95] However, as later State Department reports indicate, Pakistan remains a major drug trafficking and money-laundering center despite the bank’s closing. [Detroit News, 9/30/2001] Most of the bank’s top officials will escape prosecution, and remnants of the bank will continue operating in some countries under new names (see August 1991). A French intelligence report in 2001 will suggest the that Osama bin Laden will later build his financial network on the ruins of the BCCI network, oftentimes using former BCCI officials (see October 10, 2001). [Washington Post, 2/17/2002]
On July 11, 1991, retired Pakistani Brigadier General Inam ul-Haq is arrested by German authorities in Frankfurt. His arrest sheds light on the links between the criminal BCCI bank, the Pakistani government, and the A. Q. Khan nuclear network. In 1987, US intelligence attempted to arrest ul-Haq in the US for buying nuclear components there meant for Pakistan’s nuclear program, but some US officials tipped off the Pakistani government about the sting and only a low-level associate of ul-Haq’s was caught (see Before July 1987). [Wall Street Journal, 8/5/1991] The CIA had long known that ul-Haq was one of A. Q. Khan’s key procurement agents, in addition to being close to the Pakistani ISI. [Levy and Scott-Clark, 2007, pp. 161] Ul-Haq’s arrest comes just one week after BCCI was shut down worldwide, and he seems linked to that bank as well. In the sting four years before, the Luxembourg and London branches of BCCI helped finance a shipment of nuclear materials out of the US. Shortly after his arrest, Senator John Glenn (D-OH) says that BCCI involvement in his could be a “smoking gun” for US investigators to learn how Pakistan’s nuclear program was financed. [Wall Street Journal, 8/5/1991] Ul-Haq is extradited to the US and convicted in 1992 of attempting to export nuclear related materials to Pakistan. He could have been sentenced to 10 years in prison and a $500,000 fine, but the judge merely sentences him to time served (several months in prison) and a $10,000 fine. [Levy and Scott-Clark, 2007, pp. 228]
Former CIA agent Alan Fiers. [Source: Terry Ashe / Time Life Pictures / Getty Images]The former head of the CIA’s Central America task force, Alan Fiers, pleads guilty to two counts of lying to Congress. Fiers has admitted to lying about when high-ranking agency officials first learned of the illegal diversion of US funds to the Nicaraguan Contras (see December 6, 1985 and April 4, 1986). Fiers now says that when he learned of the diversions in the summer of 1986, he informed his superior, then-Deputy Director for Operations Clair George, who ordered him to lie about his knowledge (see Summer 1986). In return for his guilty pleas to two misdemeanor counts instead of far harsher felony charges, Fiers is cooperating with the Iran-Contra investigation headed by Lawrence Walsh (see December 19, 1986). Time reports: “The Iran-Contra affair has been characterized by US officials as a rogue operation managed by overzealous members of the National Security Council. But if Fiers is correct, top-ranking CIA officials not only knew about the operation and did nothing to stop it; they also participated in an illegal cover-up.… Suddenly a number of unanswered questions assume a new urgency. Just what did Ronald Reagan—and George Bush—know? And when did they know it?” [Time, 7/22/1991]
The New York Times reports that Iran-Contra special prosecutor Lawrence Walsh (see December 19, 1986) is in possession of tapes and transcripts documenting hundreds of hours of telephone conversations between CIA headquarters in Langley, Virginia, and CIA agents in Central America. The time period of the taped conversations corresponds to the period in which NSC officer Oliver North, retired Air Force General Richard Secord, and arms dealer Albert Hakim were running their secret arms pipeline informally known as either “Airlift Project” or “The Enterprise” (see November 19, 1985 and February 2, 1987). Former Deputy Director for Operations Clair George (see Summer 1986) installed the taping system in the early- to mid-1980s. The contents of the conversations are not known, though it is known that Walsh is using the tapes to force accurate testimony from North and others either standing trial or serving as witnesses in Iran-Contra prosecutions (see March 16, 1988). [Time, 7/22/1991]
According to investigators working with Iran-Contra special prosecutor Lawrence Walsh (see December 19, 1986), the Iran-Contra affair is closely linked to the burgeoning scandal surrounding the Bank of Credit and Commerce International (BCCI—see 1976, 1978-1982, 1981-1991, 1981-1983, 1984-1986, January 1985, December 12, 1985, February 1988-December 1992, March 1991-December 1992, and July 5, 1991.) Former government officials add that the CIA kept secret funds hidden in BCCI accounts, and used the monies to fund covert operations in Nicaragua and elsewhere. Investigators confirm that a US defense intelligence organization used BCCI to maintain a secret “slush fund” for financing covert operations. And, months before National Security Council (NSC) official Oliver North set up his network for diverting funds to the Contras (see December 6, 1985 and April 4, 1986), the NSC used BCCI to divert funds to the Contras (see Early 1986). [Time, 7/22/1991]
Ghaith Pharaon. [Source: Mike Stephens / Getty Images]In the wake of the July 1991 shutdown of the criminal BCCI bank (see July 5, 1991), the Pakistani government indicates that it is willing to shelter BCCI figures wanted in other countries. For instance, an international arrest warrant is issued for BCCI front man Ghaith Pharaon, and Pakistan has signed an extradition treaty with the US and other countries. But in August 1991, Pakistani Interior Minister Shujaat Hussain, who has authority to block extraditions, states flatly that Pharaon is his friend and he will give him citizenship, protection from extradition, and even immunity from local prosecution. Furthermore, the Los Angeles Times reports that some other senior and mid-level BCCI managers being investigated in the US have already fled to Pakistan. Technically, BCCI is not a Pakistani bank, but 10,000 out of BCCI’s estimated 12,000 employees are Pakistani. The Times reports that Hussain has made clear that “BCCI’s blameless and blamed alike can find shelter from investigations into the bank’s conduct in any of the more than 70 countries where it operated.” Asked if Pakistan would extradite BCCI founder Agha Hasan Abedi, Hussein flatly states, “We will not allow it.” Furthermore, BCCI’s offices remain open in Pakistan and the government has stated that it will not investigate the bank. [Los Angeles Times, 8/12/1991] A majority of the bank is owned by Sheik Zayed bin Sultan al-Nahayan, President of the United Arab Emirates (UAE), and the UAE similarly indicates that it will not extradite any of the 18 top BCCI managers living there. The UAE is also sitting on most of BCCI’s financial records. [Time, 8/3/1992] BCCI branches in the UAE are not shut down either, but are simply renamed to become the National Union Bank. [BBC, 8/5/1991] Many years later, Pakistan will still be protecting BCCI figures such as Pharaon (see June 8-August 10, 2006 and June 8-August 10, 2006).
A Glock 9mm pistol similar to the one carried by Timothy McVeigh, with two ammunition clips. [Source: Slate]Timothy McVeigh, a white supremacist and survivalist (see March 24, 1988 - Late 1990) who is about to leave the US Army after being denied a position in Special Forces (see January - March 1991 and After), reportedly buys a Glock .45 caliber handgun from a dealer in Ogden, Kansas. McVeigh will later say that the gun is a 9mm weapon, not a .45. In April 1993 he will write a letter to Glock Manufacturing claiming that he carries the weapon as a “law enforcement officer.” [PBS Frontline, 1/22/1996] On the morning of the Oklahoma City bombing, McVeigh will be arrested; the Glock, a 9mm, will be found in his possession (see 9:03 a.m. -- 10:17 a.m. April 19, 1995).
A federal judge drops all charges against convicted felon Oliver North (see May-June, 1989). A federal appeals court had reversed part of North’s conviction and ordered the case returned to a US District Court for the remainder of the convictions. District Judge Gerhard Gesell, who presided over the original trial that found North guilty of three felonies, drops the charges after special prosecutor Lawrence Walsh says he is forced to abandon the prosecution of North. In order to testify before the Iran-Contra hearings (see July 7-10, 1987), North was granted limited immunity from prosecution, and Walsh says prosecutors will be unable to show that North’s immunity grant did not affect his trial testimony, and the testimony of witnesses in his earlier trials. The decision by Walsh and Gesell brings to an end five years of court proceedings against North, who calls himself “fully, completely” vindicated. Last week, former National Security Adviser Robert McFarlane, North’s former superior and mentor, testified that his testimony in North’s earlier trials had been heavily influenced by North’s testimony before Congress. President Bush says: “He’s been through enough. There was an appeal. He’s been let off. Now that’s the system of justice is working.… I’m very, very pleased.” Senate Majority Leader Bob Dole (R-KS) says the Walsh investigation should be closed down entirely, saying, “What have American taxpayers received for their $50 million?” referring to some estimates of the cost of the overall inquiry. “A lot of press releases. A lot of rumor and innuendo. But little in terms of justice.” Walsh, who had opposed immunity for North from the start of the investigations in 1987, says: “This is a very, very serious warning that immunity is not to be granted lightly. Now, I have never criticized Congress. I urged them not to grant immunity, but they have the very broad political responsibility for making a judgment as to whether it’s more important that the country hear the facts quickly or that they await a prosecution.” [New York Times, 9/17/1991] An outraged New York Times editorial says that North’s claim of complete exoneration is a “wild overstatement” and calls the reversal “a serious setback for another objective of democratic government: promptly to uncover the truth in high-profile cases and to prosecute them when necessary without sacrificing the Constitution’s privilege against compelled self-incrimination.” It concludes: “Mr. North can thank his battling lawyers and a fastidious judiciary for letting him beat the rap. That remains far short, however, of exoneration.” [New York Times, 9/17/1991]
Clarence Thomas. [Source: AP / World Wide Photos]The Senate Judiciary Committee hearings for Supreme Court nominee Clarence Thomas begin (see July 2-August 28, 1991). Thomas is exhaustively coached by a team headed by former senator John Danforth (R-MO), whom Thomas had worked for when Danforth was attorney general of Missouri. As per his coaching, Thomas says as little as possible in response to senators’ questions, staying with generalities and being as congenial, diffident, and bland as the questions will allow. Still, some of his statements defy belief.
Abortion Rights - Thomas is well-known as an ardent opponent of abortion rights, but he claims in testimony that he has no position on the fundamental abortion case of Roe v. Wade (see January 22, 1973), even though he has disparaged the case in his own legal writings. He even claims not to have discussed the case with anyone. His sympathetic biographer Andrew Peyton Thomas (no relation) later admits that “these representations about Roe proved a laughingstock.” Even conservative stalwart Paul Weyrich, who is running a “war room” to counter any negative statements about Thomas in the press or in the hearings, says publicly that Thomas has spoken of the case in discussions between the two, and calls Thomas’s dissembling “disingenuous” and “nauseating.” Weyrich considers, and rejects, withdrawing his support for Thomas.
Comparison with Rehnquist Hearings - Author and former Nixon White House counsel John Dean will write, “[I]t was clear that Thomas was going the route that [Supreme Court Justice William] Rehnquist had traveled” (see September 26, 1986): “Say anything that was necessary to win confirmation, regardless of the conspicuousness of the lie. Regrettably, it would get worse.” The Senate Judiciary Committee splits on sending Thomas’s name to the full Senate, 7-7, therefore making no recommendation either way. But head counts show that Thomas has a narrow but solid majority of senators ready to vote him onto the bench. [Dean, 2007, pp. 146-153]
Former Assistant Secretary of State Elliott Abrams, facing multiple counts of lying under oath to Congress about, among other things, his knowledge of the US government’s involvement in the resupply operation to the Nicaraguan Contras (see October 10-15, 1986), his knowledge of the role played by former CIA agent Felix Rodriguez in the resupply (see December 17, 1986), and his knowledge of third-party funding of the Nicaraguan Contras (see November 25, 1986), agrees to plead guilty to two misdemeanor charges of withholding evidence from Congress. Abrams agrees to the plea after being confronted with reams of evidence about his duplicity by investigators for special prosecutor Lawrence Walsh as well as from testimony elicited during the House-Senate investigation of 1987 (see July 7-10, 1987) and the guilty plea and subsequent testimony of former CIA agent Alan Fiers (see July 17, 1991). Abrams pleads guilty to two counts of withholding information from Congress, to unlawfully withholding information from the Senate Foreign Relations Committee and the House Intelligence Committee, and admits lying when he claimed that he knew nothing of former National Security Council official Oliver North’s illegal diversion of government funds to the Contras (see December 6, 1985, April 4, 1986, and November 25-28, 1986). Abrams says that he lied because he believed “that disclosure of Lt. Col. [Oliver] North’s activities in the resupply of the Contras would jeopardize final enactment” of a $100 million appropriation pending in Congress at the time of his testimony, a request that was narrowly defeated (see March 1986). Abrams also admits to soliciting $10 million in aid for the Contras from the Sultan of Brunei (see June 11, 1986). [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]
Anita Hill. [Source: ABC News]Clarence Thomas’s Senate confirmation hearings for the Supreme Court (see October 13, 1991) are muddied by explosive charges of sexual harassment. Anita Hill, a conservative, African-American law professor who once worked for Thomas both at the Department of Education and at the Equal Employment Opportunity Commission (EEOC), testifies before the Senate Judiciary Committee about Thomas’s alleged sexual advances towards her. The committee learned of the allegations from one of Hill’s close friends, who says that Hill was the victim of frequent and pernicious sexual harassment by Thomas. The committee has investigated Hill’s claims, but until now, the reticent Hill has been unwilling to come forward publicly and make the charges. (The FBI is conducting an investigation of the charges as well, though the investigation will be inconclusive.) After the story breaks in the press on October 6, committee members persuade her to come forward and lodge formal charges with the committee, thus allowing them to make her allegations public. The committee opens a second round of hearings to determine the accuracy of Hill’s charges. Hill’s testimony before the committee is calm and lethally specific. [Dean, 2007, pp. 146-153]
Testimony - Hill tells the committee: “I am not given to fantasy. This is not something I would have come forward with if I was not absolutely sure of what I was saying.” Hill testifies: “He spoke about acts that he had seen in pornographic films involving such matters as women having sex with animals, and films showing group sex or rape scenes. He talked about pornographic materials depicting individuals with large penises or large breasts involved in various sex acts. On several occasions Thomas told me graphically of his own sexual prowess.” He also “referred to the size of his own penis as being larger than normal” and spoke of the pleasure he had “given to women with oral sex.” Thomas spoke of his fondness for films depicting sex with animals, and of his particular fondness for one actor known as “Long Dong Silver.” Her last encounter with Thomas was in 1983, when, on her last day as an employee at the EEOC, she agreed to go to dinner with him after he “assured me that the dinner was a professional courtesy only.” She adds: “He made a comment I vividly remember.… He said that if I ever told anyone of his behavior, that it would ruin his career.” Judith Resnick, a law professor at the University of Southern California Law Center, says of Hill’s testimony, “You’re seeing a paradigm of a sexual-harassment case.” Asked why she is testifying now after so many years of silence, Hill says: “I have nothing to gain here. This has been disruptive of my life, and I’ve taken a number of personal risks.” She says she has been threatened, though she does not elaborate on the alleged threat. She concludes: “I have not gained anything except knowing that I came forward and did what I felt that I had an obligation to do. That was to tell the truth.” [Time, 10/21/1991] Thomas will vehemently deny the charges (see October 11-12, 1991), and his conservative supporters will smear Hill in the hearings (see October 8-12, 1991).
The conservative supporters of Supreme Court nominee Clarence Thomas (see October 13, 1991) ferociously respond to charges of sexual harassment against Thomas (see October 8, 1991 and October 11-12, 1991) by former employee Anita Hill. According to David Brock, a right-wing reporter who will write a scathing “biography” of Hill after the hearings, Thomas’s supporters quickly devise a strategy to counter the charges. They decide to portray the entire affair as a conspiracy by liberals to besmirch Thomas in order to keep a conservative off the Court. A team of Federalist Society lawyers works feverishly to find, or concoct, evidence to discredit Hill. One of the most effective counters comes from a story which Hill related to the committee, that Thomas had once turned to her and asked, “Who put this pubic hair on my Coke?” Federalist Society member Orrin Hatch (R-UT), a member of the Senate Judiciary Committee, is told by a staff member that a similar scene involving pubic hair and a glass of gin appears in the novel The Exorcist, and accuses Hill of lifting the scene from the novel and retelling it for her story of harassment. [Dean, 2007, pp. 146-153] Hatch also accuses Hill of working with “slick lawyers” in a conspiracy to destroy Thomas’s nomination. Thomas supports that view; when asked if he believed Hill fabricated her story, Thomas replies, “Some interest groups came up with this story, and this story was developed specifically to destroy me.” [Time, 10/21/1991] Fellow committee member Arlen Specter (R-PA) excoriates Hill in a long and brutal round of questioning, at one point accusing her of perjury. He even submits a psuedo-psychological analysis of Hill to the committee that portrays her as imagining the events she is testifying towards. Committee member Alan Simpson (R-WY) suggests that he has damaging information about Hill’s own sexual proclivities, although he never provides that material for examination. Four witnesses testify to the accuracy of Hill’s charges; a string of character witnesses testify on behalf of Thomas. [Dean, 2007, pp. 146-153] One of them testifies that he believes Hill was “unstable” and indulged in romantic fantasies about him. [Time, 10/21/1991] Democratic chairman Patrick Leahy (D-VT) and other committee Democrats do virtually nothing to defend Hill. Not only do they allow their Republican colleagues to “savage her,” in Dean’s words, but they refuse to release evidence they have compiled that supports Hill’s charges, including records of Thomas’s regular purchase of pornography and the statements of numerous other witnesses who have given statements in support of Hill, two even stating that they were also harassed by Thomas. They also fail to tell the committee that Hill has passed a polygraph test about her allegations. [Dean, 2007, pp. 146-153]
Following an adverse ruling in an appeals court, Inslaw files an appeal for a writ of certiorari to the Supreme Court. If the writ were granted, it would mean the Supreme Court agreed to hear a further appeal in the case. The appeals court had reversed bankruptcy and district court rulings favorable to Inslaw in its dispute with the Justice Department over the enhanced PROMIS software (see September 28, 1987, November 22, 1989, and May 7, 1991). The application will be denied (see January 13, 1992). [US Congress, 9/10/1992]
Clarence Thomas defends himself against Anita Hill’s allegations. [Source: MSNBC]Supreme Court nominee Clarence Thomas (see October 13, 1991) responds to charges of sexual harassment from a former employee, law professor Anita Hill (see October 8, 1991). Thomas denies the charges, calling them a “travesty” and “disgusting,” and says that “this hearing should never occur in America.” [Dean, 2007, pp. 146-153] “This is not American; this is Kafkaesque. It has got to stop. It must stop for the benefit of future nominees and our country. Enough is enough.” [Time, 10/21/1991] He accuses the committee of concocting the story out of whole cloth, and says: “The Supreme Court is not worth it. No job is worth it. I’m not here for that.…This is not an opportunity to talk about difficult matters privately or in a closed environment. This is a circus. It’s a national disgrace. And from my standpoint as a black American, as far as I’m concerned, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas, and it is a message that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed, caricatured by a committee of the US Senate rather than hung from a tree.” [Dean, 2007, pp. 146-153] “No job is worth what I’ve been through—no job. No horror in my life has been so debilitating. Confirm me if you want. Don’t confirm me if you are so led.… I will not provide the rope for my own lynching. These are the most intimate parts of my privacy, and they will remain just that, private.” Some observers wonder if Thomas is preparing to withdraw his nomination. But, though he says, “I would have preferred an assassin’s bullet to this kind of living hell,” he insists he would “rather die than withdraw.” [Time, 10/21/1991] While Thomas’s denials, and counter-charges of racism, are powerful, and make a tremendous impression on reporters, there are several fundamental flaws with his statement. The denial was not, as characterized by the press, a spontaneous outpouring of outraged innocence, but a carefully written and rehearsed performance, coached by his Republican handlers. And though he responds dramatically to Hill’s charges, he admits in the hearings that he never actually watched her testimony; his wife watched portions of it and reported back to Thomas. Though he denies Hill’s allegations that he asked her out for dates several times, and initially denies ever having any contact with her outside of work, he admits later in the hearings that he drove her home several times and stayed to discuss politics over “a Coke or a beer.” He admits that on “several instances” he visited her home outside of work entirely. Finally, the evidence gathered by the committee, and by researchers after Thomas’s ascension to the Court, overwhelmingly supports Hill’s allegations. Thomas never presents a shred of evidence to refute her charges. [Time, 10/21/1991; Dean, 2007, pp. 146-153]
Clarence Thomas survives the Senate hearings to join the Supreme Court. [Source: PBS]The full Senate votes to confirm Clarence Thomas (see July 2-August 28, 1991, October 8, 1991, and October 11-12, 1991) on a 52-48 vote, the lowest margin of victory by any Supreme Court nominee in US history. It is possible that some senators’ votes are influenced by a wash of “fast-action” polls reported by the White House, purporting to show that African-Americans overwhelmingly support Thomas, and a majority of citizens support Thomas’s confirmation. A year later, analysis proves those polls to be completely wrong. [Thomas Hearings Website, 8/1997; Dean, 2007, pp. 146-153] In 1992, Senator Joseph Biden (D-DE), a member of the Senate Judiciary Committee, will say: “That last hearing was not about Clarence Thomas. It was not about Anita Hill. It was about a massive power struggle going on in this country, a power struggle between women and men, and a power struggle between minoritites and the majority.” [Thomas Hearings Website, 8/1997]
Timothy McVeigh, a nascent white supremacist and survivalist (see March 24, 1988 - Late 1990) who is in the process of taking “early termination” from the US Army after being denied a position in Special Forces (see January - March 1991 and After), moves back in with his father in Pendleton, New York. Initially, he joins a National Guard unit and tries unsuccessfully to join the US Marshals. He is formally discharged from the Army on December 31, 1991. His final psychological assessment from the Army shows him to be under extreme stress and experiencing a powerful sense of disillusionment with the federal government. In January 1992, he goes to work for Burns International Security Services in Buffalo after leaving the Guard (see June 1992), and quickly rises to the rank of inspector. [New York Times, 5/4/1995; PBS Frontline, 1/22/1996; Mickolus and Simmons, 6/1997, pp. 810; Serrano, 1998, pp. 48; Douglas O. Linder, 2001; CNN, 2001; CNN, 12/17/2007] (A New York Times report later says McVeigh leaves the Army in early 1992. A book about McVeigh, One of Ours, claims that McVeigh returns to Pendleton after leaving the Army around Christmas of 1991.) [New York Times, 5/4/1995; Serrano, 1998, pp. 44]
Depressed, Suicidal, Detached, Enraged - Over time, McVeigh becomes increasingly depressed and reportedly considers suicide; friends and colleagues will describe him as deteriorating both mentally and physically, and, in the words of the New York Times, will describe him as “an increasingly unstable man who wavered between gloomy silences and a hair-trigger temper, who lost so much weight he seemed anorexic, and who could follow simple orders but could not handle pressure or take independent action.” Lynda Haner-Mele, a supervisor for Burns Security in Kenmore, New York, later recalls working with McVeigh at the Niagara Falls Convention Center. She remembers calling him “Timmy” and worrying about his weight loss. “He seemed almost lost, like he hadn’t really grown up yet,” she will say. She is unaware of his Army service, later recalling: “He didn’t really carry himself like he came out of the military. He didn’t stand tall with his shoulders back. He was kind of slumped over.… That guy did not have an expression 99 percent of the time. He was cold. He didn’t want to have to deal with people or pressure. Timmy was a good guard, always there prompt, clean, and neat. His only quirk was that he couldn’t deal with people. If someone didn’t cooperate with him, he would start yelling at them, become verbally aggressive. He could be set off easily. He was quiet, but it didn’t take much.”
Increasingly Radicalized - McVeigh becomes increasingly radicalized, growing more disenchanted with the idea of a federal government and distressed about the possibility of a federal crackdown on gun ownership. He talks about the government forcibly confiscating the citizenry’s guns and enslaving citizens. He writes angry letters to newspapers and his congressman on subjects such as his objection to inhumane slaughterhouses and a proposed law prohibiting the possession of “noxious substances,” and warns against an impending dictatorship if action is not soon taken (see February 11, 1992). He urges friends to read a novel, The Turner Diaries (see 1978), which tells the story of a white supremacist revolt against the US government and the extermination of minorities, and gives copies to his friends and relatives. He begins acquiring an arsenal of guns, and sets up a generator and a store of canned food and potable water in his basement so that he would be self-sufficient in case of emergency. He applies to join the Ku Klux Klan, but decides against it because, he believes, the KKK is too focused on race and not enough on gun rights. The Times will later write: “While there was no firm evidence that Mr. McVeigh belonged to any organized right-wing paramilitary or survivalist groups, there was considerable evidence that he sympathized with and espoused their beliefs. He voiced their ideas in conversations, he wrote letters expressing them, he read their literature, and attended their meetings. And he lived, worked, and traded weapons in areas where the paramilitary groups enjoy considerable support, according to numerous interviews.” In the summer of 1992, McVeigh moves to Michigan to stay with his old Army friend Terry Nichols, telling friends he is leaving to find a “free state” in which to live. McVeigh’s and Nichols’s shared hatred of the federal government continues to grow. [New York Times, 5/4/1995; PBS Frontline, 1/22/1996; Mickolus and Simmons, 6/1997, pp. 810; Douglas O. Linder, 2001; CNN, 2001; Douglas O. Linder, 2006; CNN, 12/17/2007] Reportedly, McVeigh tells people that the Army has placed a computer chip in his buttocks to keep him under surveillance. [People, 5/8/1995] McVeigh’s fellow security guard, Carl Edward Lebron Jr., later recalls long conversations with McVeigh that center around “politics, secret societies, some religion and conspiracy theories,” UFOs, and government conspiracies to addict its citizens to illegal drugs. Lebron wonders if McVeigh himself might belong to a secret society of some sort, perhaps a Freemason sect. Lebron will recall McVeigh showing him Ku Klux Klan newsletters and gold coins, some minted in Canada. Lebron becomes worried enough about McVeigh’s apparent instability to tape-record some of their conversations, and keep notes of what McVeigh tells him. What seems to worry Lebron the most is McVeigh’s talk about stealing weapons from Army bases. In August, McVeigh quits his job at Burns, telling coworkers: “I got to get out of this place. It’s all liberals here.” Lebron bids him goodbye, saying, “Stay out of trouble,” to which McVeigh replies: “I can’t stay out of trouble. Trouble will find me.” [Serrano, 1998, pp. 48-57] Law professor Douglas O. Linder will later speculate that McVeigh’s radicalization may have been triggered, and was certainly deepened, by the FBI’s raid on the Ruby Ridge compound of white supremacist Randy Weaver (see August 31, 1992 and August 21-31, 1992). [Douglas O. Linder, 2006] McVeigh later tells his lawyers that during this time, he became increasingly stressed because of what he will call his “heightened sense of awareness of what the news was really saying.” He becomes increasingly obsessed with the news, raging at politicians for trying to blend politics and the military, and at the government for “strong-arming other countries and telling them what to do.” He becomes increasingly enraged by what he calls the increasing anti-gun sentiment in the US, and the “liberal mindset that all things in the world could be solved by discussion.” He learned in the military that most problems can best be solved by aggression, he will say, citing physical fights he had with fellow soldiers and angry confrontations with fellow security workers. [PBS Frontline, 1/22/1996]
Movements Cloudy - McVeigh’s movements are somewhat cloudy during this period. A New York Times report will say that McVeigh and Nichols may have lived together in Marion, Kansas, not Michigan, and McVeigh may have moved to Kingman, Arizona, during this time or sometime later. [New York Times, 4/23/1995]
Future Oklahoma City Bomber - McVeigh will go on to bomb a federal building in Oklahoma City, with Nichols’s aid (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Haner-Mele will have difficulty believing McVeigh orchestrated the bombing. “Timmy just wasn’t the type of person who could initiate action,” she will say. “He was very good if you said, ‘Tim, watch this door—don’t let anyone through.’ The Tim I knew couldn’t have masterminded something like this and carried it out himself. It would have had to have been someone who said: ‘Tim, this is what you do. You drive the truck.’” [New York Times, 5/4/1995] McVeigh’s cousin Kyle Kraus, who received a copy of The Turner Diaries from McVeigh, puts the book away until after the bombing, when he will reread some of it. Horrified, he will contact the FBI; the copy will become an exhibit in McVeigh’s criminal trial (see August 10, 1995). [Serrano, 1998, pp. 51]
Entity Tags: Burns International Security Services, Carl Edward Lebron Jr, Ku Klux Klan, Lynda Haner-Mele, Douglas O. Linder, US Department of the Army, Randy Weaver, William (“Bill”) McVeigh, Kyle Kraus, Terry Lynn Nichols, Timothy James McVeigh
Timeline Tags: US Domestic Terrorism
A judge hearing the PROMIS case for the Department of Transportation Board of Contract Appeals (DOTBCA) says that findings by the Bankruptcy Court for the District of Columbia and the US District Court for the District of Columbia have left a “cloud” over the Justice Department. The two courts originally found for Inslaw (see September 28, 1987 and November 22, 1989), which is in dispute with the department over an enhanced version of the PROMIS software, but these rulings were overturned on appeal, mostly on jurisdictional grounds (see May 7, 1991). At a hearing, counsel for the department says, “I think those trials speak for themselves, and every order has been vacated.” However, the judge responds: “There is one problem. The fact that a judge or a court doesn’t have jurisdiction doesn’t mean that the court is completely ignorant. True, Mr. Bason [the bankruptcy court judge] and Mr. Bryant [the judge that heard the initial appeal] did not have jurisdiction, but they did make some very serious findings on the basis of sworn testimony. They had been truly vacated, and it may be that all the statutes to run have run and they can’t go anywhere. Those cases may be dead forever. But it has left a cloud over the respondent [the department].” The House Judiciary Committee will comment: “As the DOTBCA judge concluded, there definitely remains a cloud over the department’s handling of Inslaw’s proprietary software. Department officials should not be allowed to avoid accountability through a technicality or a jurisdiction ruling by the Appeals Court.” [US Congress, 9/10/1992]
El Sayyid Nosair. [Source: FBI]El-Sayyid Nosair is acquitted of killing Meir Kahane (see November 5, 1990), leader of the Jewish Defense League, but convicted of firearms offenses connected with his shooting of two witnesses during his attempt to flee. The judge will declare that the acquittal verdict “defie[s] reason” and sentence Nosair to 22 years by applying maximum sentences to his convictions on the other charges. [Village Voice, 3/30/1993; Independent, 11/1/1998; Lance, 2003, pp. 65] The prosecution of Nosair was hobbled by the US government’s absolute refusal to acknowledge the possibility that the murder was anything other than the work of a “lone deranged gunman” despite information gained during the course of the investigation provided by an FBI operative that he had “very close” ties to the radical imam Sheikh Omar Abdul-Rahman. Many boxes of evidence that could have sealed Nosair’s guilt on the murder charge and also shown evidence of a larger conspiracy were not allowed as evidence. [Village Voice, 3/30/1993; Miller, Stone, and Mitchell, 2002, pp. 44-46] A portion of Nosair’s defense fund is paid for by bin Laden, but this will not be discovered until some time later. [ABC News, 8/16/2002] District Attorney Robert Morgenthau, who prosecuted the case, will later speculate the CIA may have encouraged the FBI not to pursue any other leads. Nosair worked at the Al-Kifah Refugee Center which was closely tied to covert CIA operations in Afghanistan (see Late 1980s and After). [New York Magazine, 3/17/1995]
The latest edition of the US Army’s Field Manual 34-52 is published, and it includes rules governing interrogations. It unequivocally states that binding international treaties and US policy “expressly prohibit acts of violence or intimidation, including physical or mental torture, threats, insults, or exposure to inhumane treatment as a means of or aid to interrogation. Such illegal acts are not authorized and will not be condoned by the US Army.” It defines “physical torture” to include “infliction of pain through chemicals or bondage,” “forcing an individual to stand, sit or kneel in abnormal positions for prolonged periods of time,” “food deprivation,” and “any form of beating.” It notes that the “use of torture by US personnel will bring discredit upon the US and its armed forces while undermining domestic and international support for the war effort. It also may place US and allied personnel in enemy hands at a greater risk of abuse by their captors.” These regulations will still be in effect after 9/11. [CBC News, 11/16/2005]
David Barbarash. [Source: Anti-Defamation League]David Barbarash, an animal rights activist with the Animal Liberation Front (ALF—see 1976 and 1979-1993), is jailed for four months for releasing cats from a University of Alberta laboratory, where they were undergoing medical experiments and vivisections. [Anti-Defamation League, 2005]
Paul Wolfowitz, the neoconservative undersecretary of policy for Defense Secretary Dick Cheney, promotes the export of advanced AIM-9M air-to-air missiles to Israel. This is discovered by a lengthy investigation by the Bush administration into the export of classified weapons technology to China. The Joint Chiefs of Staff, aware that Israel has already been caught selling an earlier version of the AIM missile to China in violation of a written agreement between Israel and the US, intervenes to stop the missile sales. Wolfowitz retains his position at the Defense Department until he and most of his neoconservative colleagues are turned out of the federal government by the onset of the Clinton administration. [CounterPunch, 2/28/2004]
Statistics from the US Bureau of Alcohol, Tobacco, and Firearms cite 149 acts of arson against abortion providers, and 47 abortion clinic-related bombings between 1992 and 1998. [Ms. Magazine, 12/2002]
The “Aryan Republican Army” (ARA) commits at least 22 bank robberies across America’s Midwest. The ARA is modeled after the violent white supremacist organization The Order (see Late September 1983), which had funded itself primarily through robbing armored trucks. For a time, the group’s headquarters is in Elohim City, Oklahoma (see 1973 and After). The ARA’s leaders claim to be dedicated to the “overthrow of the US government, the extermination of American Jews, and the establishment of an Aryan Republic” on the North American continent. Members are required to read the infamous Turner Diaries (see 1978), a novel depicting the overthrow of the US government by white separatists and the genocide of minorities. The robberies in all secure between $250,000 and $500,000 for the group.
Robbery Spree - During the height of their robbery spree, ARA members target a bank about once a month, hitting banks and financial institutions in Iowa, Wisconsin, Missouri, Ohio, Nebraska, Kansas, and Kentucky. Sometimes the robbers dress like construction workers and flee in junk cars bought specifically for the escape. Sometimes they leave fake bombs and smoke grenades to delay pursuit; sometimes they speak in foreign languages to confuse authorities. In a December 1994 heist, one robber wears a Santa Claus suit, shouts “Ho, ho, ho!” to customers, and leaves a bomb tucked in a Santa hat. During a March 1995 robbery, the robbers leave a pipe bomb in an Easter basket. On one occasion the robbers leave a copy of the Declaration of Independence in the ashtray of an abandoned getaway car. Sometimes they wear caps or bandannas bearing the logos of the FBI or the Bureau of Alcohol, Tobacco, and Firearms (BATF). On another occasion the robbers buy a getaway car, a Ford Fairlane, in the name of a retired FBI agent who had worked white supremacist cases in the Northwest; on the front seat of this car they leave an article about Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). When FBI agent Jim Nelson takes his speculations about the ARA public, group members send letters to several Midwestern newspapers mocking him and calling themselves the “Mid-Western Bank Bandits.”
Arrests and Convictions - By late 1995, federal and state authorities will arrest most ARA members; ARA leader Peter Kevin Langan will be convicted on multiple charges of bank robbery, and another ARA leader, Richard Guthrie, will commit suicide in prison after cooperating with authorities. Michael William Brescia and Kevin William McCarthy also cooperate with authorities in return for reduced sentences. Others convicted include Mark William Thomas and Scott Stedeford.
Promotional Video Gives Principles - In a two-hour promotional video made in January 1995 and called “The Armed Struggle Underground,” Langan, calling himself “Commander Pedro,” appears in a ski mask alongside others in fatigues brandishing weapons and fistfuls of cash. In the video, Langan says: “Our basic goal is to set up an Aryan republic.… Don’t mistake us for cultists. We, ladies and gentlemen, are your neighbors.” Langan also says the ARA supports “ethnic cleansing” similar to what the Serbians are carrying out in Kosovo. Another ARA member tells viewers that ARA intends to declare war on the American government and promises a “courthouse massacre.” In the video, ARA members state their principles: all racial minorities are subhuman, Jews are “Satan’s spawn,” whites of northern European descent are “chosen people,” and a United Nations-led “New World Order” (see September 11, 1990) threatens freedom in the United States. [Philadelphia Inquirer, 2/4/1997; Anti-Defamation League, 8/9/2002; Nicole Nichols, 2003; Nicole Nichols, 2003; New American, 11/28/2005]
Oklahoma City Bomber a Member - In 2001, the FBI will state that McVeigh was an ARA member. It is possible that money “laundered” by him shortly before the bombing (see November 1994) came from an ARA bank robbery. [Nicole Nichols, 2003]
Entity Tags: Michael William Brescia, Elohim City, Aryan Republican Army, Jim Nelson, Mark William Thomas, The Order, Scott Stedeford, Kevin William McCarthy, Richard Guthrie, Peter Kevin Langan, Timothy James McVeigh
Timeline Tags: US Domestic Terrorism
Ben Klassen, the 74-year-old founder and leader of the Church of the Creator (COTC—see 1973 and 1982-1983), cancels the ascension to power of his one-time successor as “Pontifex Maximus” (supreme leader) of the church. Klassen announces that Rudy “Butch” Stanko (see February 1990) will no longer lead the COTC. Instead, Klassen names Baltimore pizza delivery man Charles Altvater to lead the church. Altvater is only known to the COTC membership through a single letter to the editor published in COTC’s monthly newsletter “Racial Loyalty.” Klassen soon changes his mind and names a Milwaukee “skinhead,” Mark Wilson, as his successor; Altvater will soon be arrested in Baltimore on multiple charges, including possession of explosive devices and attempted murder of a police officer. Wilson is the Milwaukee chief of COTC and a member of the “Skinhead Army of Milwaukee” (SHAM), also called the “Northern Hammerskins.” He is introduced as Klassen’s successor under the name “Brandon O’Rourke” (COTC members often use false names to avoid identification by law enforcement officials). Wilson actually assumes a leadership position for a few months before Klassen, wary of SHAM’s propensity for reckless violence, fires him and names yet another successor, Richard “Rick” McCarty (see January 1993 and After). Wilson does not go quietly, and tries unsuccessfully to mount a violent “coup” against McCarty during a meeting at a Milwaukee hotel. (The coup effort fails when three of Wilson’s cohorts are arrested on concealed weapons charges in the hotel parking lot.) [Anti-Defamation League, 7/6/1999; Southern Poverty Law Center, 9/1999]
The US Supreme Court denies an application for a writ of certiorari made by Inslaw, meaning that the court will not hear its case. The application had been filed the previous year (see October 9, 1991), as Inslaw wanted to overturn an adverse ruling by an appeals court in its dispute with the Justice Department over the alleged theft of enhanced PROMIS software (see May 7, 1991). [US Congress, 9/10/1992]
A young Louis Beam, dressed in his Ku Klux Klan regalia. [Source: Edit International (.com)]In a number of venues, including “The Seditionist” magazine and an Illinois publication called “The War Eagle: A Voice and Forum for Revolutionary Pan-Aryanism,” white supremacist Louis Beam calls for “leaderless resistance,” or cells of fighters who report to no one. Beam writes that the idea originated in the early 1960s as part of preparations for a Communist takeover of the United States; he has adapted it to the idea of resisting what he calls the threat of “federal tyranny” and the federal government’s “ever increasing persecution and oppression.” Beam writes that the usual “pyramidal” scheme of organization, “with the mass at the bottom and the leader at the top,” is “not only useless, but extremely dangerous for the participants when it is utilized in a resistance movement against state tyranny.… In the pyramid type of organization, an infiltrator can destroy anything which is beneath his level of infiltration and often those above him as well. If the traitor has infiltrated at the top, then the entire organization from the top down is compromised and may be traduced at will.” Beam recommends the independent “cell system” of organization, and cites two examples: the Revolutionary War-era “Sons of Liberty” and the more recent use of “cells” by Communist infiltrators in the US. Beam writes that if the cell system is adopted without the top layer of leadership—leaderless “phantom cells”—this can thwart government efforts to infiltrate and monitor the groups. Every cell must have the same fundamental ideology and agenda, Beam writes, and then can be trusted to operate independently, taking actions that further the cause of the larger group without top-down direction. He concludes: “America is quickly moving into a long dark night of police state tyranny, where the rights now accepted by most as being inalienable will disappear. Let the coming night be filled with a thousand points of resistance. Like the fog which forms when conditions are right and disappears when they are not, so must the resistance to tyranny be.” Beam’s idea will be used by many in the so-called “Patriot Movement.” The “Patriot Movement” is later defined by founder John Wallace and by the Southern Poverty Law Center (SPLC) as a loose confederation of anti-government organizations, groups, and individuals who believe that the US government is illegally infringing on citizens’ liberties. The “Patriot Movement” is largely comprised of right-wing, separatist, and white supremacist organizations, groups, and individuals. [The Seditionist, 2/1992; New York Times, 7/5/1995; Southern Poverty Law Center, 6/2001; John Wallace, 2007]
Deputy Defense Secretary Donald J. Atwood issues an administrative order placing all military attorneys under the control of White House civilian officials. The controversy started during the Gulf War, when the civilian general counsel of the Army, William J. Haynes, clashed with the Army’s top military lawyer over whose office should control legal issues arising from the war (see June 1991-March 1992). Haynes is a protege of David Addington, the personal aide to Defense Secretary Dick Cheney, believes in concentrating power in the executive branch, and pressed for the change. Cheney attempted to have Congress implement the change, but the legislative branch refused; instead, Cheney has Atwood issue the order putting all military attorneys under White House control. [Savage, 2007, pp. 62]
Texas law enforcement officers conduct SWAT training near the Mt. Carmel compound of the Branch Davidian sect near Waco, Texas. The Davidians are led by David Koresh (see November 3, 1987 and After), whose teachings of imminent apocalypse and the need to wage armed resistance against the forces of evil seem to be borne out by the days of gunfire and paramilitary activities near the compound. According to a later report by the Treasury Department, Koresh reacts to the SWAT training by: bringing back members from California and England to swell the Davidian ranks; purchasing large amounts of weaponry, weapons parts, and ammunition; acquiring chemicals that can be used for making explosives; and purchasing night vision scopes and sensors. These actions bring the Davidians, and Koresh, to the attention of both local and federal authorities, including the Bureau of Alcohol, Tobacco, and Firearms (BATF—see June-July 1992). [Dean M. Kelley, 5/1995]
Acting on allegations of physical and sexual abuse of children at the Mt. Carmel compound outside of Waco, Texas, the Texas Department of Protective and Regulatory Services (DPRS) opens an investigation into the allegations among the Branch Davidian sect living on the property (see November 3, 1987 and After). Caseworkers go to the compound three times and interview a number of children, but close the case when no evidence of abuse is unearthed, though the children talk freely about “all the men” training with weapons (leader David Koresh tells investigative officer Joyce Sparks that the Davidians have “only a few” weapons, and most of the adults have nothing to do with them). After a February 1993 newspaper series that alleges an array of such abuse (see February 27 - March 3, 1993), and especially after the April 1993 debacle that kills 21 children among the group (see April 19, 1993), the DPRS will come under fire for possibly mishandling the case. Many will say that the agency caseworkers made a mistake in not interviewing the children outside the compound, where, away from the adult Davidians, they may have spoken more freely. Bob Boyd, director of the Waco office, will say in 2003 that none of the children said anything that would lead to a belief that they were being abused. “People are under the assumption that if we had taken the children out of there for an interview, they would have opened up to us about abuse,” he says. “The reality was it was highly unlikely. They were such a closed group, and because of their strong beliefs and devotion to [leader David] Koresh, I don’t believe we would have gotten any of them to talk to us about abuse. They were not going to open up to outsiders. Even those kids we talked to who did come out during the standoff didn’t reveal anything to us. It was only after a long time were we able to piece together some pictures of what it was like inside.” David Jewell, whose daughter Kiri will testify to being abused by Koresh since she was 10 (see July 21, 1995), will say he believes caseworkers called ahead before coming to the compound, and the Davidians were able to hide some of the abused children from the caseworkers. Boyd says no such calls were made. Sparks will allege that McLennan County Sheriff Jack Harwell told her to “back off” from investigating abuse complaints; Harwell will deny making such statements. [Bureau of Alcohol, Tobacco and Firearms, 2/25/1993; Waco Tribune-Herald, 3/16/2003]
Terry Nichols, a white supremacist member of the so-called “Patriot Movement” (see March 24, 1988 - Late 1990 and February 1992), renounces his US citizenship via a “nonresident alien” declaration to the Evergreen, Michigan, Township Clerk. “[T]here is total corruption in the entire political system,” Nichols says; “the entire political system from the local government on up thru and including the President of the United States, George Bush.” He adds: “I no longer am a citizen of the corrupt political corporate state of Michigan and the United States of America.… I follow the common laws, not the Uniform Commercial Codes, Michigan Statutes, etc., that are all colorable laws.… I lawfully, squarely challenge the fraudulent usurping octopus of jurisdiction/authority that does not apply to me. It is therefore now mandatory for… the so-called IRS, for example, to prove its jurisdiction.” He calls himself “a nonresident alien, non-foreigner, stranger to the current state of the forum.” Many will later detect language similar to that used by the Posse Comitatus movement (see 1969). Nichols has already sent his bank a letter revoking his signature on a credit card application, in an attempt to avoid paying $14,000 in credit card debt (another source will say Nichols owes closer to $40,000), writing in part: “I came across some information and in researching it further I have found that your credit, money, and contracts are all based upon fraud, etc., as stated in my revocation document.” The bank wins a lawsuit to compel Nichols to pay his debt; Nichols attempts to pay the debt with a fraudulent “Certified Fractional Reserve Check,” a scheme somewhat similar to the fraudulent checks advocated by the Montana Freemen (see 1993-1994), which the bank refuses to accept. During the court proceedings, Nichols, ordinarily an unusually quiet and shy man, repeatedly defies judicial orders to, among other things, come to the front of the courtroom, and at one point tells the judge, “I’m… a layman, a natural person, a freedom of common-law citizen under threat and duress and to challenge the jurisdiction of this court.” Circuit Judge Donald A. Teeple will later recall: “He was hollering in a loud voice. I informed him that if he didn’t keep quiet, I’d send him to jail. Then he decided to come around the rail” and participate quietly in the hearing. [New York Times, 4/23/1995; New York Times, 5/28/1995; PBS Frontline, 1/22/1996; New York Times, 12/24/1997; Southern Poverty Law Center, 6/2001; Nicole Nichols, 2003; Nicole Nichols, 2003] Both Terry Nichols and his brother James (see December 22 or 23, 1988) routinely stamp their paper money with the words “Discharged Without Prejudice,” a phrase indicating they do not accept its validity. The money-stamping is popular among Posse Comitatus members (see 1969) as they claim money not backed by gold lacks credibility. They also refuse to buy license plates for their vehicles or register them. James Nichols will also renounce his citizenship sometime later [Nicole Nichols, 2003; Nicole Nichols, 2003] , telling local courthouse officials that he is “no longer one of your citizens or a resident of your de facto government.” In mid-1992, Nichols will spend several days in jail for refusing to recognize a court’s authority to make him pay child support; after those days in a cell, he will agree to the court’s mandate. [New York Times, 4/24/1995; Serrano, 1998, pp. 109] Nichols will later be convicted for his role in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997).
The Austin, Texas, office of the Bureau of Alcohol, Tobacco, and Firearms (BATF, sometimes abbreviated to ATF) receives a call from Chief Deputy Daniel Weyenberg of the McLennan County, Texas, Sheriff’s Department. Weyerberg tells BATF agents of information he has received from a local UPS employee, who told him that he’d delivered a package to Mt. Carmel, the Branch Davidian compound outside of Waco, Texas (see November 3, 1987 and After). The UPS employee said that the package had broken open and he could see firearms, inert grenade casings, and black powder inside. Local law enforcement agencies have been investigating the possibility of the Davidians’ creating a large and possibly illegal cache of weapons for months (see March 5-9, 1992). [House Committee on Government Reform and Oversight, 8/2/1996]
President Bush vetoes the Campaign Finance Reform Act of 1992, which would have provided partial public financing for Congressional candidates who voluntarily accept fundraising restrictions. The legislation would have also put restrictions on so-called “soft money” raised on behalf of presidential candidates. The bill is sponsored by Congressional Democrats, and if signed into law, would have provided public funds and other incentives for Senate and House candidates who agreed to limit election spending. Bush says in his veto message that the bill would allow “a corrupting influence of special interests” in campaign financing and give an unfair advantage to Congressional incumbents, the majority of whom are Democrats. The bill is little more than “a taxpayer-financed incumbent protection plan,” Bush says. Democrats retort that the bill would lessen, not increase, campaign finance corruption by providing public funds instead of private (largely corporate) donations, and note that Bush netted $9 million in corporate and individual donations in a single evening during a so-called “President’s Dinner” fundraising event. Democratic leaders have acknowledged that if Bush indeed vetoes the bill, they lack the numbers in the Senate to override the veto; some believe that Democrats will try to use the veto in the 1994 and perhaps 1996 election campaigns. House and Senate candidates are breaking fundraising records, raising almost 29 percent more money this cycle than in a corresponding cycle two years ago. Much of those funds come from political action committees (PACs—see 1944, February 7, 1972, and November 28, 1984). In 1989, Bush said he would like to abolish PACs entirely, and he now says, “If the Congress is serious about enacting campaign finance reform, it should pass legislation along the lines I proposed in 1989, and I would sign it immediately.” The Democratic bill would curtail the influence of PACs, but not ban them outright. [Los Angeles Times, 5/10/1992; Reuters, 5/11/1992; Campaign Finance Timeline, 1999; Connecticut Network, 2006 ] Fred Wertheimer of Common Cause, which had pressured for passage of the bill, called the legislation “the most important government reform legislation in about 20 years.” He added, “If President Bush vetoes the reform legislation, the corrupt campaign finance system in Washington will be his system, his personal responsibility.” [New York Times, 4/3/1992] In an angry editorial in the Orlando Sun-Sentinel, Tom Kelly will blast Bush and the members of both parties whom he will say “are as comfortable with the present arrangement as fat cats reclining on a plush sofa.” Kelly will write that Bush’s characterization of the bill as “incumbent protection” is insulting and inaccurate. The result of the veto, he will write, is that Bush himself becomes the incumbent most protected by the current system, and “the prospects for meaningful change in a disgraceful system by which special interests manipulate public policy with the leverage of big bucks have been set back to Square One—again.” Kelly will note that at the recent “President’s Dinner” that raised $9 million in contributions, the costs were plainly delineated: ”$1,500 per plate for dinner, $15,000 to sit with a congressman, $30,000 for a senator or Cabinet member, $92,000 for a photograph with the president, and $400,000 to share head-table chitchat with Bush himself.” Presidential spokesman Marlin Fitzwater admits that the contributors were buying “access” to the administration, access, Kelly will write, is “all too often is denied to the people who need government services most and those who have to pay the bills.” All of the $9 million raised at the dinner, and the monies raised at other such events, becomes so-called “soft money,” which Kelly will note has been labeled “sewer money” by the New York Times. While the law pretends that such monies go for voter turnout and education efforts, Kelly will write, it usually goes into buying negative television ads financed by third-party political organizations. Kelly will call Bush’s call to eliminate PACs “fraudulent,” writing, “The same power brokers could simply reorganize as ‘ideological’ lobbies and resume bribery as usual.” [Orlando Sun-Sentinel, 5/15/1992]
BATF logo. [Source: Wikimedia]The Bureau of Alcohol, Tobacco, and Firearms (BATF, sometimes known as the ATF) opens an investigation of the Branch Davidian sect near Waco, Texas, after learning that a resident had mail-ordered a box of dummy grenades. Lieutenant Gene Barber of the McLennan County Sheriff’s Department meets with BATF agent Davy Aguilera; Barber, a recognized explosives expert, tells Aguilera that the United Parcel Service (UPS) package delivery service has delivered a number of packages containing firearms components and explosives (see May 1992) to the “Mag-Bag,” the UPS nickname for the Davidian tract, in the names of David Koresh and Mike Schroeder. Koresh is the leader of the religious community that lives on the tract (see November 3, 1987 and After), which is also known to area residents as Mt. Carmel. UPS employee Larry Gilbreath reported the suspicious deliveries to the local sheriff’s department. Gilbreath also informed Barber that the compound seems to be patrolled by armed guards. In May 1992, UPS delivered two cases of inert hand grenades and a quantity of black powder to the compound; in early June, UPS delivered 90 pounds of powdered aluminum, 30 to 40 heavy cardboard tubes, and 60 M-16/AR-15 ammunition magazines. Barber also gives Aguilera aerial photos of the compound, taken by the sheriff’s department, which depict a buried bus near the main structure and a three- to four-story tall observation tower. He tells Aguilera that neighbors have heard machine-gun fire coming from the property. Aguilera determines that in late 1992, the Davidians spent over $44,000 on parts for M-16/AR-15 machine guns, as well as a variety of other weaponry and weapons parts. Some of the parts come from an Illinois firm under investigation for selling illegal guns and gun parts. [Bureau of Alcohol, Tobacco and Firearms, 2/25/1993; Dick J. Reavis, 7/19/1995; PBS Frontline, 10/1995] Aguilera officially opens a BATF investigation on Koresh and the Davidians on June 9. Within a week, Philip Chojnacki, the special agent in charge of the Houston BATF office, classifies the case “sensitive,” thereby calling for a high degree of oversight from both Houston and BATF headquarters in Washington, DC. [House Committee on Government Reform and Oversight, 8/2/1996] In 1996, a Congressional investigation will find that the BATF investigation is “grossly incompetent” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]
Entity Tags: Branch Davidians, Larry Gilbreath, David Koresh, Gene Barber, McLennan County Sheriff’s Department (Texas ), Philip Chojnacki, Michael Schroeder, United Parcel Service, Davy Aguilera, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: 1993 Branch Davidian Crisis
The US Supreme Court reaffirms the Ker-Frisbie doctrine, which states that a US court will not concern itself over how a suspect came to stand before it for trial. The reaffirmation is part of a ruling on the case of Humberto Alvarez-Machain, a Mexican doctor allegedly involved in the kidnap and murder of a DEA agent who was rendered from Mexico by US agents without Mexico’s consent under the extradition treaty with the US (see April 1990). The Ker-Frisbie doctrine reaches back to the 19th century and states that US courts have jurisdiction over a criminal defendant regardless of the means by which that defendant was brought before the court, as a breach of general international law principles does not generally affect the jurisdiction of a domestic court. [US House of Representatives, 7/24/1992] However, Alvarez-Machain will be acquitted later by a lower court on the facts of the actual charges. [Grey, 2007, pp. 135]
In a 5-4 vote, the US Supreme Court upholds its 1973 Roe v. Wade ruling (see January 22, 1973), and forbids states from banning abortions. However, by a 7-2 vote, the Court says states may raise new obstacles for women seeking to end their pregnancies. [CBS News, 4/19/2007]
Ben Klassen, the 74-year-old founder and leader of the Church of the Creator (COTC—see 1973 and 1982-1983), sells most of his North Carolina compound to William Pierce of the neo-Nazi National Alliance (see 1970-1974). Klassen fears that the COTC property will be seized as a result of a lawsuit filed in conjunction with a murder committed by a COTC official (see June 6, 1991 and After). [Southern Poverty Law Center, 9/1999]
David Addington, a personal aide to Defense Secretary Dick Cheney, is forced to take part in Senate confirmation hearings for his appointment as chief counsel for the Defense Department. Addington, a Cheney protege and a fierce advocate for the ever-widening power of the executive branch, has gained a reputation for effective, if arrogant, conflicts with the Pentagon’s uniformed leadership and for tightly controlling what information enters and leaves Cheney’s office. Colonel Lawrence Wilkerson, an aide to Joint Chiefs chairman General Colin Powell, will later characterize Addington as an intense bureaucratic infighter bent on concentrating power in Cheney’s office. “Addington was a nut,” Wilkerson will recall. “That was how everybody summed it up. A brilliant nut perhaps, but a nut nevertheless.” The Senate hearing becomes a platform for Democratic senators to attack Cheney’s anti-Congressional policies (see Early 1991 and March 1992). In his turn, Addington calmly denies that he or Cheney have ever exhibited any intention to defy Congress on any issue. “How many ways are there around evading the will of Congress?” storms Senator Carl Levin (D-MI). “How many different legal theories do you have?” Addington answers, “I do not have any, Senator.” Addington is only confirmed after promising that the Pentagon will restore the independence of military lawyers (see March 1992) and begin funding the V-22 Osprey (see Early 1991). [Savage, 2007, pp. 63]
Former President Ronald Reagan in January 1992. [Source: SGranitz / WireImage]Former President Ronald Reagan is questioned for a single day in court after his former secretary of defense, Caspar Weinberger, is subpoenaed in the ongoing Iran-Contra trials. Reagan’s Alzheimer’s disease is by now painfully apparent; not only can he not remember facts and figures, he has trouble remembering his former Secretary of State, George Shultz. [PBS, 2000]
2007 picture of Davy Aguilera, at that time as assistant special agent in charge of the Los Angeles BATF bureau. [Source: Riverside Press-Enterprise]Davy Aguilera of the Austin, Texas, office of the Bureau of Alcohol, Tobacco, and Firearms (BATF), as part of an ongoing BATF investigation into the weapons allegedly owned by the Branch Davidian religious sect living outside Waco, Texas (see June-July 1992), visits the shop of a local gun dealer, Henry McMahon. Aguilera is accompanied by BATF compliance officer Jimmy Ray Skinner. During the visit, Aguilera and Skinner find that weapons parts for AR-15 assault rifles are listed in McMahon’s inventory, but are not on the premises nor are they listed as sold. McMahon admits that the parts were sold to Davidian sect leader David Koresh (see November 3, 1987 and After). McMahon calls Koresh, who offers to let the BATF agents inspect the Davidian compound for possible weapons violations. The agents decline the invitation. Shortly afterwards, McMahon tells Koresh that he is suspicious that the BATF is investigating Koresh and the Davidians. The 1996 House investigation of the Davidian situation (see August 2, 1996) will express the investigators’ confusion as to why the agents do not accept Koresh’s invitation, and finds, “The agents’ decline of the Koresh offer was a serious mistake.” [House Committee on Government Reform and Oversight, 8/2/1996]
James “Bo” Gritz, a decorated Vietnam veteran, calls for widespread civilian militias as part of his conservative “populist” campaign for the presidency. [Southern Poverty Law Center, 6/2001]
White supremacist Timothy McVeigh (see March 24, 1988 - Late 1990 and November 1991 - Summer 1992) closely follows the culminating events of the Ruby Ridge, Idaho, siege (see August 31, 1992). McVeigh is appalled by the government’s conduct, as is his friend Terry Nichols, with whom he is staying (see Summer 1992). [Douglas O. Linder, 2001; CNN, 12/17/2007] McVeigh has been closely following the events at Ruby Ridge since the siege began in April 1992, both in local newspapers and in publications such as the National Rifle Association’s American Hunter and the racist, separatist Spotlight, and will complain that the mainstream media gives only the government’s version of events. He will later recall this as a “defining moment” in his life. [Stickney, 1996, pp. 147-148; PBS Frontline, 1/22/1996] McVeigh will go on to bomb a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
White supremacist Randy Weaver surrenders after an 11-day standoff with federal authorities at his cabin on Ruby Ridge, Idaho. The standoff cost the lives of Weaver’s wife and son, and a US marshal. The incident, according to the Southern Poverty Law Center, will “galvanize… many on the radical right.” [Southern Poverty Law Center, 6/2001]
A federal appeals court upholds the dismissal of a lawsuit filed on behalf of 23 Navy sailors killed in the attack on the USS Stark (see May 17, 1987 and After) against a number of defense contractors. A similar lawsuit on behalf of one of the sailors killed in the attack was dismissed a year before (see June 13, 1991). This time the plaintiffs file over 2,500 pages of unclassified documentary evidence supporting their claims that the contractors were negligent in their design and implementation of the weapons systems aboard the Stark. The appeals court finds that regardless of the amount of evidence entered, to allow the trial would be to potentially infringe on the US government’s “state secrets” privilege (see March 9, 1953). “[N]o amount of effort could safeguard the privileged information,” the court rules. The court adds that “classified and unclassified information cannot always be separated, and therefore courts must restrict access not only to classified material, but to “those pieces of evidence” that “press so closely upon highly sensitive material that they create a hgh risk of inadvertent or indirect disclosures.” [Siegel, 2008, pp. 198]
Anti-Semitic Christian Identity (see 1960s and After) pastor Pete Peters hosts the “Rocky Mountain Rendezvous” in Estes Park, Colorado. Some 160 right-wing extremists, motivated by the recent Ruby Ridge incident (see August 31, 1992), determine strategies for what will become the US militia movement. [Southern Poverty Law Center, 6/2001]
The Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes known as the ATF) resumes its investigation into the Branch Davidian sect living in a compound, known as Mt. Carmel, outside Waco, Texas (see June-July 1992 and July 30, 1992). The investigation is spearheaded by BATF Special Agent Davy Aguilera, who has reason to believe that the Branch Davidians, under the leadership of David Koresh, are stockpiling a large amount of guns, weapons, and other military materiel. Neighbors have spoken of hearing machine-gun fire at the Mt. Carmel site. Aguilera learns that one of the Davidians is Marshal Keith Butler, a machinist capable of creating illegal guns from the parts bought by the Davidians; Butler has an extensive criminal record, mostly for drug possession. Aguilera also talks to a McLennan County deputy sheriff, Terry Fuller, who heard a loud explosion and saw a large cloud of grey smoke over the northeastern part of the Davidian property. (Fuller investigated and learned that the Davidians had been using dynamite for construction, a fact Aguilera does not elicit.) He learns from BATF Special Agent Carlos Torres that the Texas Department of Protective and Regulatory Services (DPRS) has investigated the Davidians, and their leader David Koresh (see November 3, 1987 and After), on suspicion of physically and sexually abusing children (see April 1992), and learns from former Waco Davidian Robyn Bunds that she had a child by Koresh, and she left because of Koresh’s increasingly abusive behavior towards herself and other community members. Bunds also tells Aguilera that she found what she later learned was a machine gun conversion kit. Her mother Jeannine Bunds, another former resident of the Mt. Carmel community, tells Aguilera that she frequently saw the men practicing with AK-47 and AR-15 machine guns, and that Koresh has fathered children with women and girls as young as 12 years of age, indicating that he may be guilty of statutory rape, a felony in Texas. Aguilera confirms that some 40 of the Mt. Carmel residents are foreign nationals, and that many of them either entered the country illegally or overstayed their visa; he will write in an affidavit for a search warrant (see February 25, 1993) that “it is a violation of Title 18, U.S.C. Section 922, for an illegal alien to receive a firearm.” BATF agents speak to Poia Vaega, a former Davidian now living in New Zealand, who makes further allegations of physical and sexual abuse. Vaega confirms what both Bunds have already said, that Koresh enforces a strict rule that only he can have sexual relations with the females of the community, and that he routinely has sex with girls as young as 11. Several BATF agents confirm that the Davidians have the proper parts, chemical compounds, and equipment to create a wide array of illegal guns, bombs, and explosives, and that in the past BATF agents have seized a number of illegal weapons from the Davidians. David Block, a former Waco Davidian, tells Aguilera that he has seen copies of books in the main building that tell the reader how to manufacture illegal bombs and explosives. Another source tells the BATF that the Davidians have made live grenades and are attempting to make a radio-controlled aircraft for carrying explosives. Documents show that Koresh has spent $199,715 on weapons and ammunition in the past 17 months, including M-16 automatic rifles and parts necessary for turning semiautomatic rifles into machine guns. [Bureau of Alcohol, Tobacco and Firearms, 2/25/1993; Newsweek, 5/3/1993; Conway and Siegelman, 1995, pp. 244; Dean M. Kelley, 5/1995; Dick J. Reavis, 7/19/1995; House Committee on Government Reform and Oversight, 8/2/1996] Koresh and the Davidians have also buried a bus in the ground and stocked it with food for a year; members practice daily military drills, and both children and adults are taught how to commit suicide with a gun. [Conway and Siegelman, 1995, pp. 244] In 1996, a Congressional investigation will find that the BATF investigation is “grossly incompetent” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]
Entity Tags: Branch Davidians, Davy Aguilera, David Koresh, Carlos Torres, US Bureau of Alcohol, Tobacco, Firearms and Explosives, David Block, Terry Fuller, Jeannine Bunds, Texas Department of Protective and Regulatory Services, Marshal Keith Butler, Robyn Bunds, Poia Vaega
Timeline Tags: 1993 Branch Davidian Crisis
Jennifer McVeigh, the sister of future Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), illegally mails her brother 700 rounds of military ammunition, suitable for use in a machine gun or assault rifle, when an upstate New York gun shop, Johnson’s Country Store, refuses to do so. The actual time of this incident is unclear, but it is most likely during the time when McVeigh is staying with his friend and future bombing conspirator Terry Nichols in Michigan (see Summer 1992). [New York Times, 8/4/1995; Stickney, 1996, pp. 150]
David Koresh holds up a Bible while standing in front of a church. [Source: My Deactivated Guns (.com)]Davy Aguilera, a senior agent of the Texas branch of the Bureau of Alcohol, Tobacco, and Firearms (BATF) and the lead investigator in the bureau’s Branch Davidian/David Koresh probe (see June-July 1992 and November 1992 - January 1993), interviews BATF Special Agent Carlos Torres about his knowledge of the Davidians. Torres says that on December 4 he interviewed Joyce Sparks, an investigator for the Texas Department of Protective and Regulatory Services (DPRS), who has twice visited the Mt. Carmel compound of the Davidians outside of Waco to check on allegations of child abuse (see April 1992). According to Torres, Sparks said that on her last visit to the compound on April 6, “Koresh told her that he was the ‘messenger’ from God, that the world was coming to an end, and that when he ‘reveals’ himself, the riots in Los Angeles would pale in comparison to what was going to happen in Waco, Texas.” According to Sparks, Koresh’s self-revelation “would be a ‘military type operation’ and… all the ‘non-believers’ would have to suffer.” In 1993, columnist Daniel Wattenberg will dispute Sparks’s claim, noting that the Los Angeles riots began on April 29, 1992, more than three weeks after Sparks’s last visit to the compound. [American Spectator, 8/1/1993]
The outgoing President Bush pardons six former Reagan officials for any crimes they may have committed as part of their involvement in the Iran-Contra affair. One of the six, former Defense Secretary Caspar Weinberger, was slated to go on trial in January 1993 on charges that he lied to Congress about his knowledge of arms sales to Iran and funding from other countries for the Nicaraguan Contras (see July 24, 1992). Weinberger’s case was expected to reveal details of then-Vice President Bush’s involvement in the affair. Bush has refused to turn over a 1986 campaign diary he kept that may contain evidence of his involvement. Special prosecutor Lawrence Walsh says of the pardons, “[T]he Iran-Contra cover-up, which has continued for more than six years, has now been completed.” The pardons “undermine… the principle that no man is above the law. It demonstrates that powerful people with powerful allies can commit serious crimes in high office—deliberately abusing the public trust without consequence.” Walsh says that he believes Bush may have pardoned Weinberger to conceal his own complicity and possibly criminal actions in Iran-Contra. Bush also pardons former National Security Adviser Robert McFarlane and former Assistant Secretary of State Elliott Abrams, both of whom have already pled guilty to misdemeanor charges of withholding information from Congress. Bush also pardons Clair George, the former head of the CIA’s clandestine services, convicted earlier in December of two felony charges of perjury and misleading Congress. Finally, he pardons two other CIA officials, Duane Clarridge, who is awaiting trial, and Alan Fiers, who pled guilty to withholding information from Congress, and who testified against George. For his part, Bush says he is merely trying to “put bitterness behind us” in pardoning the six, many of whom he said have already paid a heavy price for their involvement. Senator George Mitchell (D-ME) is sharply critical of the pardons, saying, “If members of the executive branch lie to the Congress, obstruct justice and otherwise break the law, how can policy differences be fairly and legally resolved in a democracy?” [New York Times, 12/25/1992]
The United States begins a practice known as “rendition,” the official purpose of which is to bring suspected foreign criminals to justice. Suspects detained abroad are “rendered” to courts in the United States or other countries. In some cases they are transferred to countries with poor human rights records and tortured. Some are convicted, even put to death, without a fair trial. [Washington Post, 1/2/2005, pp. A01] The frequency of renditions will increase dramatically after the September 11 attacks (see After September 11, 2001). [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01]
Gore: "Go Grab His Ass" - The policy is proposed by Richard Clarke, head of the Counterterrorism Security Group, who is aware of a suspect he wants to have rendered. However, White House Counsel Lloyd Cutler opposes the policy, saying it violates international law, and demands a meeting with President Clinton to explain the issue to him. Clinton appears favorable to Cutler’s arguments, until Vice President Al Gore returns from a foreign trip. Gore listens to a recap of the arguments and comments: “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.” However, the first operation fails.
Comment by Clarke - Clarke will later write: “We learned that often things change by the time you can get a snatch team in place. Sometimes intelligence is wrong. Some governments cooperate with the terrorists. It was worth trying, however, because often enough we succeeded.” [Clarke, 2004, pp. 144]
An image of a fraudulent ‘Freeman check’ signed by LeRoy Schweitzer. [Source: Anti-Defamation League]During this time period, over a dozen Montana anti-government tax resisters—the kernel of what will become the “Montana Freemen” movement (see 1983-1995)—establish themselves, creating what they term “common law courts” in Garfield and Musselshell Counties, and mounting a massive bank fraud scheme. [Billings Gazette, 3/25/2006]
Beliefs - According to a Washington Post article, the Freemen espouse a number of beliefs that directly contradict federal, state, and local laws. These are:
All forms of organized government are illegitimate and have no right to perform duties routinely assigned to governments, from collecting taxes to requiring automobile licenses.
Thusly, the Freemen can perform a multitude of actions, such as defying foreclosures, issuing arrest warrants, and even putting government officials on “trial.”
They can also act as their own central banks and defraud the government, financial institutions, and area merchants.
Racist 'Christian Identity' Ideology - According to the Montana Human Rights Network and local citizens, most of the Freemen espouse some form of “Christian Identity” religious ideology, which claims that whites are inherently superior to other “inferior” races (see 1960s and After); they also hold radical anti-government views. [Washington Post, 4/1996; Washington Post, 4/9/1996; Billings Gazette, 3/25/2006] The Anti-Defamation League traces the roots of the Freemen ideology to the the Posse Comitatus movement (see 1969). [Mark Pitcavage, 5/6/1996] They call themselves “Freemen” because, in their view, white Christian males have special “Freemen” citizenship status, while non-whites, non-Christians, and women have second class status or worse. Freemen are above government prosecution and taxation. As US currency has no intrinsic value, any loans taken by Freemen need not be repaid. The US government is run by Jews and therefore has no legitimacy. “Common law” is the rule of the land. [New York Times, 6/15/1996] The Reverend Jerry Walters of Roundup, Montana, will later characterize the Freemen’s beliefs as a “bizarre distortion of the Christianity taught in most churches on Sundays.” (Rodney Skurdal will file a $100 billion lien against Walters after Walters refuses to alter his sermons to reflect Skurdal’s Christian Identity beliefs.) The Post will observe: “American history is littered with examples of how hard economic times produce hard-edged political splinter groups, but the Freemen of Montana are a particularly virulent strain. Their philosophy, a hodgepodge drawn from the Old Testament, the Magna Carta, the anti-tax Posse Comitatus of the 1980s, and a highly selective reading of the Constitution, is laced with racism and talk of a Jewish conspiracy, and puts them at the extreme of the Christian patriot movement.” Steven Gardner of the Coalition for Human Dignity will say: “The Freemen have, in effect, appointed themselves judge, jury and executioner. They are trying to form their own shadow government for a white Christian republic.” [Washington Post, 4/1996; Washington Post, 4/9/1996; Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006] “What’s driving them is their biblical and theological agenda,” Walters will say. “Their anti-government conspiracy theories, their anti-tax stance—they’re looking at these things through the lens of Christian Identity.” [Washington Post, 4/9/1996]
Fraudulent Liens - LeRoy Schweitzer and the others concoct a scheme to generate money by filing phony liens against various Montana property owners, or the Montana or US government. The liens have no value; however, once they are created, it takes time for bank computers to recognize them as invalid. During that “window” of time, the liens can be used to generate money transfers from unsuspecting banks. The Freemen file the liens and deposit fake money orders at other banks to be drawn upon the bank listing the lien. The money orders are usually signed by Schweitzer, though Skurdal, Daniel Petersen, and William Stanton (see October 17, 1994) also sign them on occasion. The money orders look quite official, though sometimes they deliberately spell the words “United States” with a lowercase “u.” The Freemen also issue bogus checks labeled “Certified Bankers Check—Controller Warrant,” instead of a bank name, along with account and lien numbers. Many checks are drawn against a non-existent account in a Butte, Montana, branch of the Norwest Bank. The checks state that they are also redeemable at the Office of the US Postmaster. The scheme is, on the whole, quite profitable. The Freemen also sell the money orders, advertising them to their fellow citizens as a quick means of getting out of debt. One distributor explains on a Web site: “LeRoy Schweitzer does have their [sic] own monetary system. When you attend their course on location, they will issue you CHECKS times two (biblical) to pay off all IRS debts and all loans to banks for no charge. They are having success in this area, but it is hard fight [sic].” One Omaha, Nebraska, county treasurer will later explain, “People see these and, if you’re a very unsuspecting person, they really do look authentic.” [Mark Pitcavage, 5/6/1996] Schweitzer, Skurdal, and Petersen are influenced by Roy Schwasinger, described by federal authorities as a right-wing con artist and head of the Colorado extremist group “We the People.” Schwasinger originated the financial schemes that the Freemen run. [New York Times, 6/15/1996]
Appointing Themselves as Legal Officials - The Freemen appoint themselves “justices,” issue “arrest warrants,” and flood local courts and counties with what the Billings Gazette will term “bogus documents.” One of the documents, written by the three Freemen leaders, Skurdal, Schweitzer, and Petersen, is interpreted by local law enforcement officials as a threat. It states: “We the Honorable justices, will not hesitate to use our Lawful force by whatever means necessary to fully support, protect, guarantee, and defend our (common) Law… and… Right of self governing as a free sovereign and independent state.” District Court Judge Peter Rapkoch calls the documents “a bucket of snakes.” In July 1994, one of the Freemen, Skurdal, is prohibited by court order from filing or recording any “frivolous” document with any Montana county clerk of court, clerk and recorder, or the secretary of state (see 1994); Montana Supreme Court Chief Justice Jean A. Turnage calls Skurdal’s filings “not only nonsensical but meritless, frivolous, vexatious, and wasteful of the limited time and resources of this court, of the clerk of this court, and of the various public officials and counsel that are forced to deal with and respond to Mr. Skurdal’s abuse.” Garfield County prosecutor Nick Murnion files misdemeanor charges of impersonating public officials against 13 residents and a felony charge of solicitation of kidnapping against Ralph Clark for a $1 million bounty posted around the county for court officers, the sheriff, and Murnion. Garfield County Sheriff Charles Phipps organizes a posse of about 90 local residents to come to the aid of his outmanned, outgunned three-person department (see January 1994). Murnion eventually files felony criminal syndicalism charges against Freemen members. US Attorney Sherry Matteucci works with local and state officials to share information on anti-government activities. “I think their purpose is to intimidate people and to cause chaos in governmental operations,” she says. [Washington Post, 4/9/1996; Chicago Tribune, 4/19/1996; Mark Pitcavage, 5/6/1996; Billings Gazette, 3/25/2006]
Entity Tags: Charles Phipps, Daniel Petersen, Montana Human Rights Network, LeRoy Schweitzer, Jerry Walters, Jean A. Turnage, William Stanton, Anti-Defamation League, Sherry Matteucci, Nick Murnion, Steven Gardner, Posse Comitatus, Peter Rapkoch, Rodney Owen Skurdal, Ralph Clark, Montana Freemen, Roy Schwasinger
Timeline Tags: US Domestic Terrorism
Members of the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) of Topeka, Kansas, are charged with eight counts of criminal defamation and other charges by Shawnee County District Attorney Joan Hamilton, charges stemming from a number of what Hamilton says are abuses and crimes committed during protests held by WBC members (see June 1991 and After). WBC leader Fred Phelps, himself a lawyer (see 1985-1989), responds by filing three lawsuits against Hamilton alleging wrongful prosecution. A court invalidates the state defamation statute, blocks further prosecution of the WBC members in the cases, and awards the church $43,000 in legal fees. Years later, an appeals court will reinstate the defamation statute, but the statute of limitations will preclude most of the charges from being refiled. All of Phelps’s lawsuits against Hamilton will eventually be thrown out of court. A second set of defamation charges filed by Hamilton in 1996 will be dropped for technical reasons. [Southern Poverty Law Center, 4/2001] The church takes revenge against Hamilton in a more personal way, somehow securing a copy of a private email from her to her husband discussing both of their extramarital affairs and making the email public. [Southern Poverty Law Center, 4/2001]
Eight agents from the Bureau of Alcohol, Tobacco and Firearms (BATF) take up surveillance on the Branch Davidian compound just outside of Waco, Texas, after compiling evidence of illegal gun caches and child abuse among the community (see November 1992 - January 1993). The agents assume undercover identities as students at Texas State Technical Institute and rent a ramshackle house directly across from the front driveway leading into the Davidian property. One of the agents pretends to be interested in the Davidians’ religious teachings in order to gain access to the compound itself. [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996]
Weapons Observed - The agents who manage to gain access to the compound find a large cache of semi-automatic weapons, including AK-47’s, AR-15’s, M-16’s, 9-millimeter handguns, Israeli assault rifles, and others. [New York Times, 3/27/1993]
Undercover Identities Compromised - Many of the Davidians believe the men to be federal agents, correctly surmising that they are too old and too affluent to be college students. The 1995 House investigation of the Davidian debacle (see August 2, 1996) will determine that “a series of mistakes” by the agents alerts the Davidians to their true identities; a 1996 House committee report will find, “At least some of the breaches of security were so serious, and obvious, that they should have been recognized as such by [B]ATF, and become the basis for modifying the nature and timing of any subsequent action against [Davidian leader David] Koresh.” Koresh tells his next-door neighbor of his suspicions, and says he believes the “college students” to be federal agents. The agents are told by another neighbor that Koresh suspects them of being undercover agents. On one occasion, some Davidians visit the agents’ house with a six-pack of beer to welcome their new neighbors, but the agents refuse to let them in. One of the agents, Robert Rodriguez, will later testify that “all of [the undercover BATF agents], or myself, knew we were going to have problems. It was just too—too obvious.”
Agents Unprepared with Basic Intelligence - Moreover, the agents’ preparation was so poor that they do not even know what Koresh looks like; their single means of identifying him is an old driver’s license photograph. The House investigation will find that the “lack of such basic and critical intelligence clearly undermined the ability of the undercover operation to fulfill its mission.” [New York Times, 3/6/1993; House Committee on Government Reform and Oversight, 8/2/1996]
Surveillance Fails to Find Evidence of Criminal Activity - The surveillance, including film from cameras peering into the Davidian compound, produces no evidence of criminal activity. What surveillance material that is created—some 900 photographs and other materials—is largely ignored. [House Committee on Government Reform and Oversight, 8/2/1996]
'Grossly Incompetent' - In 1996, the House committee investigation will find that the BATF investigation is “grossly incompetent” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]
The Bureau of Alcohol, Tobacco, and Firearms (BATF) asks the Army for assistance in raiding the Branch Davidian compound near Waco, Texas (see November 1992 - January 1993 and 5:00 A.M. - 9:30 A.M. February 28, 1993). The request is not acknowledged by federal or military officials for over six years. Army officials will note that such involvement is illegal unless the president personally makes the request; they say that no such request was ever considered. In 1999, the General Accounting Office (GAO) will find that military personnel were called to the scene after the BATF “cited possible drug-related activity” at the Davidian compound. The BATF makes the request through Operation Alliance, an agency that coordinates law enforcement requests for military help in fighting drugs. The BATF requests training by special forces troops, instruction in driving Bradley Fighting Vehicles (BFVs), and the loan of seven BFVs. Operation Alliance will forward the request to Fort Bliss, the home of Joint Task Force 6 (JTF-6), the military’s headquarters for domestic anti-drug efforts. JTF-6 officials are told that the requested assistance is “in direct support of interdiction activities along the Southwest border.” However, Major Mark Petree, the commander of the Army’s special forces, questions the legality of the request. His legal adviser, Major Phillip Lindley, writes a memo stating that the BATF request would make the military an active, illegal partner in a domestic police action. JTF-6 officers accuse Lindley of trying to undermine the mission, and Lindley refers the matter to Lieutenant Colonel Douglas Andrews, the deputy staff judge advocate. Andrews says that the military could probably evaluate the BATF plan of attack (see February 24-27, 1993), but cannot intervene to cancel or revise it. [House Committee on Government Reform and Oversight, 8/2/1996; Associated Press, 10/31/1999] In 1996, a Congressional investigation will find that the BATF deliberately misrepresented the Davidians as a drug cartel in order to receive military assistance and avoid reimbursing the military for that assistance (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]
Entity Tags: Operation Alliance, Douglas Andrews, Branch Davidians, General Accounting Office, Mark Petree, US Department of the Army, Joint Task Force-6, Phillip Lindley, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: 1993 Branch Davidian Crisis
White separatist Timothy McVeigh (see March 24, 1988 - Late 1990), already mulling over plans to bomb an Oklahoma City federal building (see 8:35 a.m. - 9:02 a.m. April 19, 1995), quits his job with an upstate New York security company (see November 1991 - Summer 1992), sells all of his belongings except what will fit into his car, and begins traveling around the US attending gun shows and militia events. Not all militia movements are characterized by the racist ideology that helps impel McVeigh, but many are, and many white hate groups are making common cause with militias. McVeigh ekes out enough money selling knives, fatigues, and copies of The Turner Diaries (see 1978) to continue his travels, and meets a number of like-minded people. One gun collector who knows McVeigh from the circuit will later tell investigators: “He carried that book all the time. He sold it at the shows. He’d have a few copies in the cargo pocket of his cammies. They were supposed to be $10, but he’d sell them for $5. It was like he was looking for converts.… He could make 10 friends at a show, just by his manner and demeanor. He’s polite, he doesn’t interrupt.” The gun collector, who refuses to give his name to a reporter, also recalls McVeigh living mostly in his car and carrying a “big pistol” with him at all times. An undercover detective will later recall McVeigh showing people at one 1993 gun show in Phoenix how to convert a flare gun into a rocket launcher, and giving out documents with the name and address of the FBI sniper who had shot the wife of white supremacist Randy Weaver at Ruby Ridge (see August 31, 1992). Psychology professor Gerald Post will later say, “Gun shows have become town hall meetings for racists and antigovernment radicals.” At McVeigh’s trial, prosecutors will say that McVeigh used the gun shows to “fence stolen weapons, make contacts to buy bomb materials, and hone his terrorist skills.” During his travels, McVeigh writes to his sister Jennifer, saying that the government is planning to disarm gun owners and incarcerate them in concentration camps. [New York Times, 7/5/1995; PBS Frontline, 1/22/1996; Douglas O. Linder, 2001] Author Brandon M. Stickney will later write: “Today, this part of McVeigh’s life would be difficult even for Tim to document, but it was during this odyssey of uncertainty that he became seriously involved in a dangerous world. Tim was now driven by a desire for ‘citizen action,’ or a movement by the people to alter the liberal thinking of politicians and officials in power.… [I]t is believed that during those lost days, he was frequently exposed to the growing ‘paramilitary’ underworld of Michigan and other states. Groups whose members were upset with taxes, political corruption, and incidents like Ruby Ridge spoke of organizing ‘militias.’” [Stickney, 1996, pp. 150]
Meets Fellow Anti-Government Figures at Gun Shows - Along the way, McVeigh meets Andreas Strassmeir, the head of security for the far-right white supremacist community at Elohim City, Oklahoma (see 1973 and After). He also meets gun dealer Roger Moore at a gun show; McVeigh’s partner Terry Nichols will later rob Moore (see November 5, 1994) as part of McVeigh and Nichols’s bomb plot. [New York Times, 7/5/1995; PBS Frontline, 1/22/1996; Douglas O. Linder, 2001; Nicole Nichols, 2003] Moore is an outspoken man who loudly boasts about his love of country and his hatred for the federal government. He frequently says he would be more than willing to take part in a violent assault against federal law enforcement officials, but, he says, his girlfriend, Karen Anderson, will not let him get involved in such activities. He will later tell a reporter: “I don’t give a sh_t. I’ll put on my flak vest, take a bunch of godd_mn guns in my van, and if I get in a firefight, so be it. I wanna run around and dig up a lot of stuff, but she will not let me go anywhere.” [Serrano, 1998, pp. 59]
Admires Davidian Attack on Federal Law Enforcement Officials - McVeigh has recently developed a crippling habit of gambling on football games, and has maxed out several credit cards, severely damaging his financial status, though by the end of 1992 he had paid off all but one $10,000 debt. According to his later recollections, he is depressed and frustrated by his inability to find someone to love. He spends some time in Florida, living with his sister and working for her husband as an electrician. He meets Moore while in Florida, and shares a table with him at one gun show. He finds Miami too loud and the people offensive, so he leaves shortly after his arrival. It is at this time that he first learns of the federal raid on the Branch Davidian compound outside Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993), and while watching news coverage of the event, tells his sister that the Davidians “must be doing something right, they are killing Feds.” [PBS Frontline, 1/22/1996]
BATF agents train for a raid. [Source: Time]The Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes known as the ATF) begins preparing for a large-scale raid on the Waco, Texas, compound, Mt. Carmel, owned by the Branch Davidian sect. The BATF has evidence that the Davidians and their leader, David Koresh, own a large amount of possibly illegal weapons, are committing statutory rape and child abuse against the female children of the group, and are possibly beating the children as a means of discipline (see November 1992 - January 1993). The raid is approved by BATF Director Stephen Higgins, after a recommendation from Philip Chojnacki, the senior BATF agent in the Houston office. Undercover BATF agents who have infiltrated the Davidian community recommend that the assault take place on a Sunday morning, because during Sunday morning prayer services the men are separated from the women and children, and do not have easy access to the Davidians’ cache of weapons. [New York Times, 3/3/1993; Dick J. Reavis, 7/19/1995; PBS Frontline, 10/1995]
Significant Lack of Planning - Information compiled after the raid, in which the Davidians kill four BATF agents (see 5:00 A.M. - 9:30 A.M. February 28, 1993), is somewhat contradictory; a Treasury Department report issued after the April conflagration at the compound (see Late September - October 1993) will claim there is no written plan for the “dynamic entry” to be executed by BATF agents, and that the raid is code-named “Trojan Horse.” Agents who participate in the assault will later say the raid is code-named “Showtime.” [New York Times, 3/3/1993; Dick J. Reavis, 7/19/1995; PBS Frontline, 10/1995] According to the Treasury Department report, acting Special Agent in Charge Darrell Dyer, assigned as support coordinator for the operation, arrived in Waco from his Kansas City office on February 23, asked to see the documents for the plan of attack, and was told none had been drawn up. Dyer and agent William Krone draw up a plan on their own, though they have little knowledge about the work performed by the tactical planners. The two manage to generate a rough plan, but the plan remains on Krone’s desk and is never distributed or referred to during the actual raid. [New York Times, 10/1/1993]
Element of Surprise Key - According to later testimony before a House investigative committee (see August 2, 1996), the element of surprise is so integral to the raid that if it is lost, the raid is to be aborted. Ronald Noble, assistant secretary-designate of the treasury for law enforcement, will testify that on-site BATF commanders knew of the provision. Noble will say in 1995, and will be quoted in the 1996 House investigative report, “What was absolutely clear in Washington at Treasury and in Washington and ATF was that no raid should proceed once the element of surprise was lost.” However, Dan Hartnett, deputy director of the BATF for enforcement, will contradict Noble’s assertion, saying that while “secrecy and safety” were “discussed over and over again,” the provision that the raid should be called off if the Davidians were alerted to it beforehand was not in place; Hartnett will accuse Noble of trying to deflect blame away from the Treasury Department and onto the BATF. The report will conclude that no such provision was in place. The BATF commanders will order the raid to go forward even after learning that the Davidians know it is coming. The House report will conclude that the lack of such a provision was a critical failure of the plan. [House Committee on Government Reform and Oversight, 8/2/1996]
No Alternatives Considered - BATF agents will also later claim that the raid was necessary because Koresh never left the compound. However, evidence will show that at least three times between January 17 and February 24, Koresh did exit the compound, where agents could have easily apprehended him; among other examples, Koresh is a regular patron of the Chelsea Bar and Grill in Waco, and leaves the compound regularly to jog. According to the Treasury Department report and a 1996 report by the House investigative committee, other options are considered but rejected. The first is to avoid violence and merely serve the warrants by visiting the compound. This is rejected because of Koresh’s history of antipathy towards law enforcement and his propensity towards violence (see November 3, 1987 and After). A second option, arresting Koresh while he is away from the compound, is rejected because, according to subsequent testimony by Chojnacki, Koresh supposedly never leaves the site. A third option, a plan to besiege Mt. Carmel, is rejected because of the possibility that the Davidians might destroy the illegal weapons, commit mass suicide, or both. [Dean M. Kelley, 5/1995; Dick J. Reavis, 7/19/1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996]
Warnings of Violent Response Ignored - The Congressional report will find, “The [B]ATF chose the dynamic entry raid, the most hazardous of the options, despite its recognition that a violent confrontation was predictable.” Before the raid, BATF agents discussed the idea of launching a raid with Joyce Sparks, a Texas Department of Protective and Regulatory Services (DPRS) caseworker who has spent a considerable amount of time with Koresh and the Davidians (see April 1992). Sparks is familiar with the Davidians’ apocalyptic religious beliefs, and warned the agents that to launch a raid on the compound would invite a violent response. “They will get their guns and kill you,” she told the agents. [House Committee on Government Reform and Oversight, 8/2/1996]
Plans, Execution Botched - The Congressional investigation will find that the BATF plan for attacking the Davidian compound was “significantly flawed… poorly conceived, utilized a high risk tactical approach when other tactics could have been successfully used… drafted and commanded by [B]ATF agents who were less qualified than other available agents, and used agents who were not sufficiently trained for the operation.” [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] Reflecting on the planning 10 years later, Robert White, a senior BATF agent wounded in the raid, will recall: “The people actually calling the shots, whether to go or not, did not have the tactical training necessary to make those kind of decisions. They had the authority to make those decisions simply because of their rank.” White will say that because of the botched raid, the agency will revise its tactical procedures: “Now, before any decision is made, a leader of one of the tactical teams, someone who has been trained specifically for that purpose, will make the call.” [Waco Tribune-Herald, 3/16/2003]
Top Treasury Officials Not Informed - The report also expresses surprise at BATF Director Higgins’s failure to appraise either Secretary of the Treasury Lloyd Bentsen or Deputy Secretary Roger Altman of the raid. The report will state, “Neither [Bentsen] nor his deputy knew anything about an imminent law enforcement raid—one of the largest ever conducted in US history—being managed by his department, which would endanger the lives of dozens of law enforcement agents, women, and children.” [House Committee on Government Reform and Oversight, 8/2/1996]
Entity Tags: Branch Davidians, William Krone, Chelsea Bar and Grill, Darrell Dyer, Dan Hartnett, US Department of the Treasury, Joyce Sparks, Stephen Higgins, Lloyd Bentsen, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Philip Chojnacki, David Koresh, Roger Altman, Robert White, Ronald Noble
Timeline Tags: 1993 Branch Davidian Crisis
Bureau of Alcohol, Tobacco, and Firearms (BATF, sometimes abbreviated ATF) agent Davy Aguilera obtains a warrant, or affidavit as it is sometimes called in law enforcement terminology, to search the Branch Davidian compound, known to many as Mt. Carmel, just outside of Waco, Texas. Aguilera, a BATF agent out of Austin, Texas, secures the warrant from US Magistrate Judge Dennis Green in Waco. Aguilera says the evidence for the warrant comes from his own investigation, “as well as information furnished to me by other law enforcement officers and concerned citizens” (see March 5-9, 1992, June-July 1992, November 1992 - January 1993, December 7, 1992, January 11, 1993 and After, and January 22 - Early February, 1993). Aguilera’s warrant gives legal standing for the BATF’s upcoming raid on the Davidian compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Aguilera writes, “I believe that Vernon Howell, aka David Koresh and/or his followers who reside at the compound known locally as the Mt. Carmel Center are unlawfully manufacturing and possessing machine guns and explosive devices.” [Bureau of Alcohol, Tobacco and Firearms, 2/25/1993] The legitimacy of the BATF affidavits and warrants will be disputed. After the events of the final assault (see April 19, 1993), a retired FBI agent will examine the original BATF affidavits and say that the agency lacked probable cause for them. In 1996, a Congressional investigation will find that the warrant is replete with “an incredible number of false statements” (see August 2, 1996); one example is its claim, based on witness statements, that the Davidians own a British Boys anti-tank .52 caliber rifle, when in fact they own a Barret light .50 firearm. Possession of the British Boys constitutes a felony, while ownership of the Barret is legal. The affidavit relies heavily on information provided by former Davidian Marc Breault (see February 27 - March 3, 1993); it does not note that Breault left the compound as an opponent of Koresh, a fact that might affect his motives in speaking against Koresh. Nor does the affidavit note that Breault is almost completely blind, but instead claims that he was a bodyguard who “participated in physical training and firearm shooting exercises conducted by Howell. He stood guard armed with a loaded weapon.” Aguilera repeatedly misrepresents and misstates the facts of weapons laws in the affidavit, and misstates the types of weapons parts that Koresh and the Davidians are known to have purchased. The investigation will find that while legitimate evidence exists that would constitute probable cause for a warrant, the BATF agents “responsible for preparing the affidavits knew or should have known that many of the statements were false.” [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996]
The day before the BATF (Bureau of Alcohol, Tobacco, and Firearms) raid on the Branch Davidian compound outside Waco is slated to happen (see 5:00 A.M. - 9:30 A.M. February 28, 1993), BATF public information officer Sharon Wheeler calls editors at the ABC and NBC affiliates in Dallas to alert them to the impending raid. Gary Nichols, assignment editor for the Dallas ABC news affiliate, will later recall, “Sharon said, ‘We have something big going down.’” [New York Times, 3/27/1993]
Waco Tribune-Herald headline for its ‘Sinful Messiah’ series, with a photo of Davidian leader David Koresh. [Source: Pyreaus (.com)]The Waco Tribune-Herald begins what it calls the “Sinful Messiah” series of articles on Branch Davidian leader David Koresh, formerly Vernon Howell (see November 3, 1987 and After). Based on interviews with former members of the sect, the series accuses Koresh of being a “cult leader” who physically abuses children and takes underage brides, even raping one of them. [Waco Tribune-Herald, 3/3/1993; XTimeline, 7/2010] Two weeks into the standoff, Newsweek will publish an article on Koresh and the Davidians that draws heavily on the Waco Tribune-Herald series. [Newsweek, 3/15/1993] An August 1992 investigation by the Texas Department of Protective and Regulatory Services (DPRS) found no evidence of such claims (see April 1992).
Sexual Abuse Claims - Koresh, the series claims, advocates polygamy for himself, declaring himself the husband of multiple females of the community. The articles say he claims to be entitled to 140 wives or more, can legitimately claim any of the women in the community, has fathered at least a dozen children, and that some of his brides are as young as 12 or 13. The sources claim that Koresh annulled all the marriages among the Davidians, and told the men that they would receive their “perfect mates” in heaven. For the time they are on Earth, he told them, only he would have wives. Koresh keeps the men and women rigidly separated except during Bible studies. [Waco Tribune-Herald, 3/3/1993; XTimeline, 7/2010]
Physical Abuse Claims - The articles claim that Koresh beats children as young as eight months of age. Former Davidian Michelle Tom testified in a Michigan court custody case that Koresh beat her daughter Tarah Tom with a wooden spatula until the girl’s bottom was bruised and bloody. The girl had cried when placed on Koresh’s lap, Tom testified. A former Davidian who refuses to be identified confirms Tom’s story, saying that the little girl’s “bottom was completely black and blue.” During the same court case, Tom and other former Davidians claimed that Koresh was particularly harsh with his own son Cyrus. When Cyrus was three and living with Koresh (then Howell) in Pomona, California, Koresh once tied him to the garage for the night, after telling him that there were rats in the garage who liked to eat children. Tom and others recall hearing Cyrus scream as his father beat him.
Bringing the Apocalypse - Koresh, according to the articles, claims to be the Lamb of Heaven whose mystical task it is to open the Seven Seals of the Biblical Apocalypse, thus bringing about the end of the world. The Davidians, according to the articles, intend to slay all non-believers (whom Koresh calls “the Babylonians”) once the Apocalypse begins, and Koresh’s male children will rule at his side thereafter. Koresh says: “If the Bible is true, then I’m Christ. But so what? Look at 2,000 years ago. What’s so great about being Christ? A man nailed to the cross. A man of sorrow acquainted with grief. You know, being Christ ain’t nothing. Know what I mean?… If the Bible is true, I’m Christ. If the Bible is true. But all I want out of this is for people to be honest this time.” The sources say Koresh uses “mind control” techniques to indoctrinate his followers, including marathon sermons and Bible study sessions lasting up to 15 hours at a stretch. One former member who refuses to be named says of the sessions: “You don’t have time to think. He doesn’t give you time to think about what you’re doing. It’s just bang, bang, bang, bang, bang.” Other methods employed by Koresh include confusing, rapid-fire discourses about abstruse Biblical topics, and a propensity to force community members to listen to sermons at odd hours of the night. Another former member, also refusing to be named, says: “You felt like you were in the know. Others in the world might consider you average. Let them. They were unbelievers. But you knew something they didn’t—something that put you into the ultimate In Crowd, the ones who wouldn’t be taking a dip in the Lake of Fire.”
Sources - The sources for the article include Australians Marc Breault, described as a former “confidant” of Koresh’s who has spoken against Koresh since 1990; Breault’s wife Elizabeth Baranyi; and Jean Smith. Breault, an aspiring musician, admits to feeling resentment towards Koresh—he joined the group in hopes that he and Koresh, himself an accomplished musician, would form a successful rock band, an aspiration that would not be fulfilled. They are joined by former Indiana disk jockey David Jewell, who was never a member of the sect but who sued his ex-wife, Davidian Sherri Jewell, for custody of their daughter Kiri. Breault and other former members say Sherri Jewell was one of Koresh’s wives. Kiri lives in Michigan with her father, while Sherri remains with Koresh. (In 1995, Kiri Jewell will testify that she was raped by Koresh between the ages of 10 and 14—see July 21, 1995). Other sources include Robyn Bunds, one of Koresh’s first “wives” among the community (married to him at age 17, she says, when Koresh and his small group of followers lived in Pomona and La Verne, California). Bunds claims that Koresh told her he raped the 12-year-old sister of his wife Rachel Howell, who, Bunds says, crawled into bed with him to “get warm” and was forced to have sex with him. Koresh has denied the story, and claims to have had only two children, Cyrus and Star, both with his wife Rachel. However, birth certificates for many Davidian children are incomplete; the sources say that Koresh is the father of many of the children, and routinely has the mothers leave his name off the certificates. Bunds tells reporters: “When Vernon came along, he… said you had to give him all your money. You had to live on the property. You had to give up everything else. You had to give him your mind… your body.” She claims her parents gave well over $10,000 to Koresh’s sect and bought a house in Pomona for $100,000 in Koresh’s name (then Howell). She admits to having been jealous over having to share Koresh with his other wives, and says Koresh is the father of her son Shaun, whose birth name was Wisdom Bunds; she says Shaun is terrified of Koresh because he beat him. (Koresh says Bunds, not him, beat her son, an allegation which she admits, though she says Koresh also beat the child.) She says she left Koresh in Pomona after he began having sex with her mother Jeannine, and when he attempted to kidnap Shaun and raise him among the Waco Davidians. Jeannine Bunds is also a source, having left the Waco community shortly after her daughter left Koresh. (Don Bunds, Jeannine’s husband and Robyn’s father, remains in Waco with the Davidians.) Another source is Karl Henning or Hennig (the article uses both spellings), a Vancouver teacher who lived with the sect for two months. He says Koresh holds a “truly amazing accumulation of knowledge.” Also, the article relies on the recollections of Bruce Gent, a former Davidian who says he allowed Koresh to sleep with his teenaged daughter Nicole. Yet another source is Barbara Slawson, a member during the time of Koresh’s predecessors Lois and George Roden, who says she was never impressed with Koresh and left during the time he was solidfying his grasp on the leadership of the group. Slawson says she has two grandchildren in the group. “My primary reason for trying to help is the children,” Breault says. “They have no one else to help them. If people say we were stupid, well, that may be true. But the children aren’t.” Breault says he finally left the group after Koresh had sex with a 13-year-old Australian girl he had brought to Waco merely for sexual purposes. “I realized it wasn’t a matter of Biblical anything,” Breault later testifies during the Jewell custody case. “He just wanted to have sex with her.” Koresh says that Breault sees himself as a rival prophet attempting to convince his followers to join with him against Koresh, and says that Breault is the source of the stories of his alleged sexual relations with underage girls. Breault admits telling Australian Davidians that he, too, is a prophet, though he says he eventually confessed that he had lied to get the Davidians away from Koresh, and that for a time he attempted to create a breakaway, rival sect of the Davidians.
Emotional Control - Jeannine Bunds says Koresh does not physically restrain his members. “I’m over 21, intelligent,” she says. “I could have walked at any time. I chose to stay. He doesn’t keep you. You can leave. What you have to understand, though, is he keeps you by emotion. When you’re down there, it’s all so exciting. You don’t know what he’ll come up with next. I guess everyone is looking for Utopia, Shangri-La. You don’t want any problems. It wasn’t all bad times, you know. The people in this are great. They’ll give you the shirt off their back. They’re nice, like everyone else in the world. Except they believe this.”
Newspaper Asked to Hold Off Publishing Stories - Tribune-Herald managing editor Barbara Elmore says the newspaper put eight months of research into the stories, and held off printing them after federal authorities asked her “not to run anything.” The head of the BATF (Bureau of Alcohol, Tobacco and Firearms) task force investigating Koresh (see June-July 1992) says the stories did not influence the agency’s decision to raid the Davidian compound near Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993). [Waco Tribune-Herald, 3/3/1993] After the BATF raid, Tribune-Herald editor Bob Lott defends his newspaper’s decision to publish the story, saying: “We’d been working on this story for eight months. It contained a lot of information the public ought to know. We decided it was time to let the public know about this menace in our backyard.… I’m under siege. There has been the suggestion that somehow we are responsible for this tragedy.” BATF spokeswoman Sharon Wheeler says the bureau has no complaints about Lott or the Tribune-Herald, but an unidentified BATF agent has allegedly said part of the responsibility for the deaths of four BATF agents during the raid rests on the local press. The bureau asked Lott to hold off publishing the series a month before the raid; the newspaper gave the bureau a day’s warning before running the first installment. [New York Times, 3/1/1993; Newsweek, 3/15/1993]
Entity Tags: David Jewell, Bruce Gent, Star Howell, Sherri Jewell, Texas Department of Protective and Regulatory Services, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Waco Tribune-Herald, Cyrus Howell, Barbara Elmore, Shaun Bunds, Barbara Slawson, Branch Davidians, Bob Lott, Sharon Wheeler, Tarah Tom, Rachel Howell, Elizabeth Baranyi, Don Bunds, George Roden, Robyn Bunds, Jean Smith, Jeannine Bunds, David Koresh, Kiri Jewell, Nicole Gent, Karl Henning, Michelle Tom, Newsweek, Lois Roden, Marc Breault
Timeline Tags: 1993 Branch Davidian Crisis
BATF agents wait to assault the Branch Davidian compound. [Source: LMPD Arcade]The Branch Davidians and their leader, David Koresh (see November 3, 1987 and After), are warned of an impending raid on their compound outside Waco, Texas, by agents of the Bureau of Alcohol, Tobacco and Firearms (BATF—see 5:00 A.M. - 9:30 A.M. February 28, 1993). For several days, BATF agents have come into Waco from all over Texas; the day before the raid, BATF official Sharon Wheeler alerted news outlets in Dallas that “something big” was in the offing (see February 27, 1993). The morning of the raid, medical personnel alert Waco-area press and television personnel that the “feds” are preparing a large-scale exercise of some sort; some reporters and producers see evidence of the preparations for themselves. A large number of news reporters begin scouting the area for more information. Jim Peeler, a cameraman for Waco’s KWTX-TV, knows the Davidians are to be involved in the raid; he finds himself on a rural road near Mt. Carmel, the Davidian compound, where he encounters US mailman David Jones. Peeler asks directions from Jones, who, unbeknownst to Peeler, is Koresh’s brother-in-law and a Davidian affiliate. Peeler will later say that Jones seems to be doing some sort of reconnaissance when they stop their cars for their chat. Peeler tells Jones he is looking for Mt. Carmel, and they briefly discuss the “Sinful Messiah” series on Koresh that has been running in the Waco Tribune-Herald (see February 27 - March 3, 1993). Both hear the National Guard helicopters beginning their patrol. Jones asks Peeler: “Are there helicopters out here? Something’s gonna happen out here today. There’s too much traffic on the road.” Jones tells Peeler he is going home to watch television and see what is going on. Instead, he races to the compound and alerts Koresh; Jones will join the Davidians in the compound, and perish in the blaze that kills Koresh and others 51 days later (see April 19, 1993). [Dean M. Kelley, 5/1995; Austin Chronicle, 6/23/2000] Seven years later, the media learns that Peeler had been alerted to the raid by local law enforcement official Cal Luedke (see June 23, 2000). Peeler will later admit to tipping off Jones, but will claim he knew nothing of Jones’s affiliation with Koresh or the Davidians. He will say that he is sent to drive down the road until he encounters a roadblock put up by the Texas Department of Public Safety, and film whatever may happen. He will say he gets lost trying to find the road leading to the compound. Lawyer Richard DeGuerin, who will represent Koresh in the following weeks, will give a different version of Peeler’s words to Jones. DeGuerin will say: “David Jones had been out to get a paper. On the way back he was driving his car and saw someone that looked lost. He saw a newsman. After being satisfied that David was a mailman, the newsman said, ‘Well, you better get out of here because there’s a National Guard helicopter over at [Texas State Technical Institute], and they’re going to have a big shootout with the religious nuts.’” Jones drives to Mt. Carmel and alerts Koresh and his father, Koresh’s top aide Perry Jones, to the impending raid. [Newsweek, 5/3/1993; Dallas Morning News, 8/28/1993; Time, 10/11/1993] Later allegations that the Davidians were tipped off by Peeler’s colleague, KWTX-TV reporter John McLemore, will be disproven. [Dallas Morning News, 8/28/1993] Lieutenant Gene Barber of the Waco Sheriff’s Department will later testify that local police believe another possible source of information for KWTX-TV was an “informant” at the local ambulance company. Barber will say that on several earlier occasions, when police had put the ambulance company on standby, a KWTX-TV camera crew was sent to the site of the police activity even though the police had not disclosed it to the station. A 1996 House investigation of the Davidian debacle (see August 2, 1996) will conclude that not only were the Davidians aware of the impending raid, but many of them quickly prepared to “ambush” the raiders. [House Committee on Government Reform and Oversight, 8/2/1996] After the raid, Virgil Teeter, the vice president of news for KWTX-TV, says he decided to send a camera crew to the Davidian compound only because of the “Sinful Messiah” articles on Saturday and Sunday morning. “We just thought it would be wise to be in the area,” he says. Teeter says no one from the station began videotaping until after the shooting started. “We didn’t go in before the agents,” he says. “We had no live coverage till long after the shooting started. There is no issue of criticizing us for our actions.” WFAA-TV in Dallas will broadcast some live footage from the raid and its aftermath, and that footage is broadcast nationally on CNN. [New York Times, 3/1/1993]
Entity Tags: Sharon Wheeler, Texas Department of Public Safety, Texas National Guard, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Waco Tribune-Herald, Richard DeGuerin, Virgil Teeter, Perry Jones, Texas State Technical Institute, John McLemore, Cal Luedke, David Jones (Waco), Branch Davidians, KWTX-TV, David Koresh, Gene Barber, Jim Peeler
Timeline Tags: 1993 Branch Davidian Crisis
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