1998-08-19 - Waco Update: 8-18-98

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From: Carol Moore <CarolMoore@kreative.net>
To: A-Libertarian List <carolmoore@kreative.net>
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UTC Datetime: 1998-08-19 03:55:38 UTC
Raw Date: Tue, 18 Aug 1998 20:55:38 -0700 (PDT)

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From: Carol Moore <CarolMoore@kreative.net>
Date: Tue, 18 Aug 1998 20:55:38 -0700 (PDT)
To: A-Libertarian List <carolmoore@kreative.net>
Subject: Waco Update: 8-18-98
Message-ID: <35DA4B94.8B9C716F@kreative.net>
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Hi, Libertarians!  From time to time I send you my latest
Waco update.  If you want me to put you on
my list of 1 or 2 Waco updates a month (if
that, now a days) feel free to email me.  Also, some
other interesting developments will be coming up in next
couple months and will e-mail you at that time about
another lists you may find of interest.  Carol in D.C.
WACO UPDATE--August 18, 1998
By Carol Moore, author, The Davidian Massacre
Member, Committee for Waco Justice

          Because of weeks of computer problems-finally solved!--this
update is a month overdue.  It's also full of news!

          On June 26, 1998 several Davidian survivors participated in a
Waco-related seminar in Austin, Texas sponsored by Texas Best
Seminars.  They included Clive Doyle, Sheila Martin, and Catherine
          Appearing with them was BATF Agent Dale Littleton.
Littleton allegedly is the agent who knocked over a Waco television
cameraman taking video after the failed February 28, 1993 raid.
Also, Karen Kilpatrick, who with her partner Henry McMahon sold
guns to Koresh, alleges it was Littleton who physically assaulted her
when BATF had them under detention during the 1993 siege. (She
and McMahon considered a law suit but did not meet the two year
          According to a Davidian who participated in the event,
Littleton faced a very angry crowd but skillfully avoided providing
any real information in his answers to questions.
For more information, go to http://downsize.ml.org and listen to
"realplayer" audio of the proceedings.

          According to the Waco Tribune-Herald (from which I've
freely quoted here) BATF agent Robert Rodriguez won a $1.3
million verdict in his civil suit case against psychologist Roger M.
Solomon in a federal trial in late July in Waco.  (Judge Walter J.
Smith, who sentenced 9 Davidians to 243 years presided.)
Rodriguez, 47, a 15 year BATF veteran, was the undercover agent
who infiltrated the Branch Davidian church and alerted BATF
supervisors that the Davidians had learned BATF agents were about
to raid them on February 28, 1993.  Despite this warning,
supervisors went ahead with the raid-later claiming it was
Rodriguez' fault the Davidians "ambushed" them.  (Of course, there
is ample evidence nervous and aggressive agents shot first.)
          Rodriguez originally sued Solomon, nine BATF officials, the
BATF and the U.S. government. However, a federal appeals court
dismissed all but three BATF officials and Solomon from the suit.
The three officials, Phillip Chojnacki, James Cavanaugh and the
former BATF director Stephen E. Higgins settled with Rodriguez
for undisclosed amounts.  The jury ruled Solomon was responsible
for 25% of the $1.3 million.
          At trial, Rodriguez stated that the conspiracy by BATF
commanders ruined his reputation, left him depressed and suicidal
and caused even his own children to question his actions. He alleges
in his lawsuit that psychologist Solomon violated his oath of doctor-
patient confidentiality and told one of Rodriguez' superiors that
Rodriguez had changed his version of what happened. Solomon
denied he had breached confidentiality or that he was part of the
conspiracy with BATF officials to indirectly blame Rodriguez for the
deaths of four agents.  However, Rodriguez testified that he was
told by former BATF assistant director Ron Noble that Solomon had
violated his confidentiality.
          "My problems came from the cover-up, because that took
away all my pride," Rodriguez told the jury.  His new psychologist
told the jury that Rodriguez suffers from post-traumatic stress
disorder, major depression, mood swings, what he termed "survivor
guilt," insomnia, nightmares , suicidal tendencies and flashbacks
about the February 28, 1993 raid and April 19, 1993 fire.
          After the verdict Rodriguez said: "For me, personally, yes,
this trial was important for me to feel vindicated. I needed this public

forum."  Unfortunately, the Davidian victims have not yet received
the same fair forum to air their complaints about the BATF/FBI
conspiracy that led to the deaths of 82 men, women and children.

          July and August's weeks of higher than average temperatures
have taken their toll on the 82 cypress myrtle trees planted at Mount
Carmel for the 82 victims.  Davidian survivors report it takes about a
half an hour a week to water and tend to each tree.  The few
survivors, with help from some friends, are keeping on top of the
job, as well as keeping their small museum open for the dozens of
visitors who still stop by every week.  So if you are in the area, feel
free to drop by. Because it is staffed by volunteers, the museum
itself may not be open.  To check on its hours a day or two in
advance call the museum office at 254-863-5985.
          Warning: Long-time squatter Amo Roden, sometimes with an
ally, will try to hit you up for an entry fee at the front gate.  Try to

ignore them.  There is no fee for visiting Mount Carmel or the
museum.  Hopefully, the local judge will finally give Mount Carmel
survivors clear title to the property during the long-delayed
September, 1998 trial.
          Directions to Mount Carmel: 1785 Double EE Ranch Road
east if Waco.  Take I-35 into Waco, Texas. Get Off at North Loop
340 (also known as: Lake Shore Dr.) Head East until you get to
Farm Rd 2491. Turn Left onto Farm Road 2491. Go 8 to 9 miles
until you get to the "Y" in the road. Veer Left at the "Y" and
continue about 1/2 mile to two blue water tanks. Turn Left onto EE
Ranch Road.
          If you can't make it, check out the survivors' catalog at:
http://www.kreative.net/carolmoore/waco-catalog.html  To
contribute, send checks to: Mount Carmel Survivors Memorial
Fund, Inc., Box 120, Axtel, TX 76624.

          On May 29, 1998 attorney David Hardy, who is helping with
Freedom of Information Act suits for Branch Davidian civil suits
against federal agents and officials, sent out the following news:
           "ATF had contended that it'd searched all likely repositories

of Waco info, and could find no still photos and but one video. It'd
conceded that there were 4-5 government videocams aimed at front
door, but contended none of their output could be found by
reasonable search, of the likely repositories (chiefly the evidence
locker of the Waco satellite office).  District court found that was
sufficient under FOIA and dismissed the claim against ATF (claim
against FBI is still outstanding).
          "I filed a motion to reconsider (VERY rarely granted)
accompanied by an affidavit from David Hall, which Mike McNulty
got for me. Affidavit said an ATF agent had told him there *were*
still photos, had shown him some, and that it was common
knowledge that the main repository for Waco evidence was not the
Waco office but the Murrah building in Oklahoma City; after the
bombing the files were recovered and moved. Government
responded that they'd done an adequate search and the affidavit
showed nothing new--it merely said it was "common knowledge,"
          "Court ruled May 26 (got copy today) granting the motion to
reconsider, and ordering gov't to provide within 30 days affidavits
from the agent as to the photos, whether they were stored at the
Murrah building, their relocation and any current known
whereabouts, plus affidavits to show either that they were not stored
there or have been located and searched."
          Keep fighting for that information, David!

          Cause Foundation, which offered its services to Davidians
during the siege and originated the first Davidian survivor and family
civil suits against the government, has suspended fundraising and its
newsletter.  However, attorney Kirk Lyons is still working on the
case.  In a last letter to supporters, Lyons blamed the moves on
decreased support for the Waco case, as well as "demonization" of
Cause efforts by Oklahoma conspiracy theorists and others who
have questioned Lyons' friendship with Andrew Strassmeier, who
some charge was involved with the bombing. However, funds to
support the Waco case, including to help preserve vital evidence,
still can be sent to: Cause Foundation, 1112 1/2 Montreat Road, Suite
1, P.O. Box 1235, Black Mountain, NC 28711.
          Enclosed with that mailing was a flyer about the organization
Kirk Lyons now works for, the Southern Legal Resource Center,
which bills itself as the "ACLU for the Confederate flag." I received
the letter just a few days before running into an African-American
libertarian wearing a shirt from the "NuSouth" company.  The shirt
sported a small Confederate flag logo in "African" colors of red,
black and green.  In an article on its web page, NuSouth's young
black owners state: "The logo, once you get it, is a simple message
of hard work, self-improvement and independence, a complete
rejection of the lingering rhetoric of victimization."  See
          I e-mailed Lyons, asking how he felt about this permutation of

the confederate flag and the implicit "we'll support your secession if
you support ours" feel.  Lyons replied:  "Making many little
countries out of big countries - I can't be against it. Liberty is
lost within Empires, and tends to flourish in smaller states."  It
would be nice to see a "win-win" solution on that one issue, anyway!

          On June 6, 1998, Joseph Farah, editor of the Internet
newspaper WorldNetDaily.com  published an article entitled: "Don't
Trust Secret Service Director"  Below are some quotes evidencing
that at least some of the press is aware of the all-pervasiveness of the

Waco massacre cover-up:
           Secret Service Director Lewis Merletti is letting it be known

that he will "fight to the death" to prevent Independent Counsel
Kenneth Starr from pursuing testimony about Oval Office secrets by
his agents.
          Merletti claims that forcing Secret Service agents to testify
whether they saw President Clinton in compromising positions with
women would be tantamount to "handcuffing" his ability to keep the
president safe. He goes so far as to suggest that if he cooperates
with Starr, "the inevitable result will be the death of another
          At first blush, you might chalk up such rhetoric to an
administrator standing up for his employees. But there's much more
at work here. You see, Secret Service Director Lewis Merletti is one
of this administration's many professional cover-up artists.
          Why do I say that? Well, because he's a veteran of one of the
first major cover-ups of the Clinton administration. He was
promoted to director of the Secret Service after serving as assistant
project director of the Waco Administrative Review Team created
by Clinton's Department of the Treasury....
          That's where Merletti comes in. Then a Secret Service agent,
he was assigned a key role in the first investigation of Waco. He
claimed in congressional testimony that every single BATF agent he
interviewed understood that the raid would be aborted if met with
resistance. He was contradicted not just by officials on the scene but
by his superior in the investigation as well...
          Merletti owes his career to Bill Clinton. He got his job by
carrying water for the administration in its first major scandal. Is it
any wonder he's taking a stonewall-the-investigation position now?
(End quotes)

          In June U.S. Reps. Joseph McDade, R-Pa., and John Murtha,
D-Pa., introduced a bill, the Citizens Protection Act of 1998 (H.R.
3396), to protect U.S. citizens from frame-ups by the U.S.
Department of Justice. (Both men are survivors of attempted Justice
Department frame-ups.)  The bill had 169 sponsors as of mid-July.
          Rep. McDade notes that "there are Justice Department
employees who engage in questionable conduct without penalty and
without  oversight, using the full weight and power of the U.S.
government."  As we all know, the Justice Department did just that
to the Davidian prisoners, seven of whom are now serving a total of
235 years.  Memos disclosed during the House Waco hearings
showed they squashed Treasury Department interviews with BATF
agents who attacked Mt. Carmel February 28, 1993.
Officials-including the Associate Attorney General Webster
Hubbell-knew such interviews might provide "exculpatory material"
that could prove the Davidians were innocent, i.e., prove they were
victims of such a vicious attack that self-defense was legally
          The bill would require U.S. attorneys to comply with state
laws and create a misconduct review board with the power to obtain
and make public information concerning investigations, classified
material and other confidential information.  At her weekly press
briefing in late June Attorney General Janet Reno told the press: "I
think the sponsors of this ill are trying to solve a problem that really

doesn't exist."
          For the text of the bill and information about its status and
sponsors, search the Thomas locator at: http://thomas.loc.gov/ And
feel free to write your congresscritter and tell him/her to support
H.R. 3396.

          In late May, 1998 Boundary County, Idaho, prosecutor
Denise Woodbury announced she was appealing the dismissal of an
involuntary manslaughter charge against FBI sharpshooter Lon
Horiuchi who killed Vicki Weaver during the 1992 Ruby Ridge
siege.  U.S. District Judge Edward Lodge dismissed Utah state
charges against Horiuchi on May 14.  Lodge accepted the Justice
Department argument that Horiuchi was acting in the line of duty
when he fired and was protected by the Supremacy Clause of the
U.S. Constitution.
          However, if states cannot prosecute federal agents who
kill-and there currently is no federal law allowing prosecution of
murderous agents-it is evident we are living in a defacto police state.
(There are laws against federal agents depriving a person of civil
rights under specific circumstances but they are regarded as
relatively minor offenses.)
          Some have suggested that the charges should have been
brought against the persons who issued the "shoot on sight" order
(Hostage Rescue Team Commander Richard Rogers under
advisement from former FBI Deputy Director Larry Potts.)  The
reasoning is that while the sniper can claim that he followed the
orders--legal or not--the person issuing the order has no such
defense. And, under the law of most states, any person who aids,
advises or counsels commission of a crime--let alone orders it--is
guilty of the crime as if he'd committed it himself.  In fact, they
might even be prosecuted for murder. However, it is unlikely that
the Utah prosecutor will take this approach.

          As a member of the Libertarian Party, I attended its national
convention in early July.  A number of libertarians already were in
agreement that the party should call for impeachment of  President
Bill Clinton.
          On Sunday, July 5th, I got a chance to address the convention
as a protest candidate for party office. (I lost on the second ballot
but made my point against a candidate who favors watering down
the Libertarian Party platform.)  In my speech I urged delegates to
vote for Clinton's impeachment because of his obstruction of justice
in the investigation of the BATF and FBI's crimes against the Branch
Davidians.  A short time later the Minnesota delegation made the
following proposal from the floor, which was adopted by the
convention as a whole:
          "Resolution of the 1998 LP National Convention
          "Be it resolved: The Libertarian Party urges the U.S. House
of Representatives    to begin Articles of Impeachment against
President Clinton and Vice President Gore for violation of their oath
of office, specifically their failure to uphold and defend the United
States Constitution."
          The party later sent out a press release announcing the
new position on the Impeachment of President Clinton, garnering a
great deal of press interest.  Time will tell if the fawning press and
nation fall for Clinton's phony August 17th apology.  A number of
women have provided credible evidence that Clinton is a sexual
predator.  It would be fitting if that is what brings him down,
considering that he used allegations that David Koresh had
committed sexual crimes to excuse the BATF/FBI murders of 82
men, women and children.  (Check my web page  around August
25st for photos from the convention.)

          The page includes the full text of Carol Moore's book,
extensive updates, articles and documents, and dozens of
photographs that demonstrate the government's crimes and citizens'
          Check out my *new* photographs and photograph pages,
          Index of Waco photo pages of BATF/FBI crimes and citizen
          Photos of fifth memorial for Davidian victims at Mount
Carmel, outside Waco:
          New photos of Committee for Waco Justice protests have
been added to this page:
          Photographs of the leading BATF and FBI agents and
officials responsible for the murder of the Branch Davidians:
          Photographs of Washington D.C. demonstrations for
Impeachment of Clinton:
          March 27, 1998 Jericho '98 Protest Photos-a rally for
political prisoners:
          The Davidian prisoners' page includes their addresses, in case

you would like to write and offer them encouragement:
          Finally, my main "Consciousness and Community" web page
finally has been completed and all links now lead you to topics of
relevance to "students of consciousness" and to those interested in
liberty, community, decentralization, secession, constitutional
alternatives, non-violent action theory and practice, Year 2000
organizing, etc.  http://www.kreative.net/carolmoore