“ The Department of Justice and the Department of the Treasury currently consult a wide range of outside experts on various topics. Federal law enforcement agencies should implement changes in operation procedures and training to provide better leadership in future negotiations. Recent successful negotiations with the Viper Militia and the Freemen indicate implementation of successful negotiation policies. Federal law enforcement agencies should revise policies and training to increase the willingness of their agents to consider the advice of outside experts. ”

“ If false statements were made in the affidavit filed in support of the search and arrest warrants, criminal charges should be pursued. There is absolutely no evidence to suggest that the agent in question made false statements. This recommendation is an example of a willingness to disbelieve Federal law enforcement personnel which is manifest throughout this report. Federal law enforcement should verify the credibility and timeliness of the information used in obtaining warrants. ”

“ Federal courts have concluded that the National Guard is a State force which is not subject to the restrictions of the Posse Comitatus Act, except when called into Federal service, (United States v. Benish, 5 F.3d 20 (1993) . ”

“ The Treasury Secretary is responsible for the actions of over 165,000 people and numerous bureaus and offices. During his first month in office, Secretary Bentsen relied on the Department's existing organizational and operational structure. This structure had been used by the previous Republican and Democratic administrations. In the enforcement area, this organizational structure included a chain of command from the law enforcement bureau head through the Assistant Secretary of the Treasury for Enforcement to the Deputy Secretary and then to the Secretary of the Treasury. ”

“ Additionally, the majority report calls for Attorney General Janet Reno's resignation because of her decision to allow the insertion of CS tear gas. Attorney General Reno stated during the hearings that the decision to use tear gas was a difficult one but all those consulted who had personal knowledge or professional expertise agreed that the use of tear gas was the only way to compel the Branch Davidians to leave the compound without use of force or loss of life. ”

“ FBI behavioralist Murray Miron believed that this latest attempt was merely another stalling tactic. Therefore, based on his prior behavior and manipulative personality, it was not unreasonable for negotiators to conclude that Koresh would not honor this latest promise. We would note that had Koresh been interested in surrendering to authorities, he could have done so at any time during the 51-day siege. During the same period, 37 of his followers surrendered and called into the compound to inform Koresh and others that they were being treated well and had not been hurt. ”

“ There are no documented cases in which the use of CS gas caused death. Reports that Amnesty International linked use of the gas to deaths of Palestinians in the occupied territories, is an extremely biased reading of the report. Released in June 1988, the report discussed the use of two kinds of tear gas, CS and CN. CN gas has proven to be lethal in closed quarters. The overwhelming majority of evidence on ill-effects of CS was anecdotal. ”

“ Currently, data is gathered by exposing new armed forces recruits to tear gas. It seems that there would be a problem in conducting tests on human subjects within the population categories suggested by the majority report. Although traditional tests with control and noncontrol groups would not be possible, persons should be monitored and data collected whenever exposure occurs. Conclusion The events at Waco were a tragedy. However, the majority investigation, hearing and report add nothing new to the understanding of the tragedy or the prevention of future events similar to Waco. ”

“ They actually inhibit the outbreak of fire. We agree with the majority's conclusion that the use of CS tear gas prior was not a direct, proximate cause or contributing factor to the rapid ignition and expansion of the blaze. The audiotape and forensic evidence clearly indicate that the rapid ignition and spread of the blaze was due to the use of chemical accelerants (including gasoline, kerosene and camp fuel oil) distributed throughout the compound by individuals within the compound. ”

“ In an effort to correct those flaws and provide clarity to facts obfuscated by the majority report, we in the minority file these Dissenting Views to address basic factual errors, resolve internal contradictions, meliorate certain deficiencies and express our disagreement with certain original recommendations made by the majority report. ”

“ VIII. Treasury Department Officials Should Have Taken a More Active Role in Raid Planning We disagree with the majority's assertion that officials at the Treasury Department should have taken a more active role in pre-raid planning. The majority seems to forget that prior to President Clinton and Secretary Bentsen's order, the Bureau of Alcohol, Tobacco and Firearms exercised independence in planning and implementation of enforcement actions. ”

“ Prior to the hearings, the majority conducted a series of interviews in Waco, TX. Apparently, these interviews involved surviving members of the Branch Davidians and other residents of Waco. The minority was not informed of these interviews, invited to participate or allowed to review interview notes. The minority first learned of these interviews from the majority report. During this pre-hearing phase, the minority was not allowed to participate in the formation of the document request to the Federal agencies involved. ”

“ It is pure speculation for the majority to argue that Koresh could have been arrested away from the compound.
As acknowledged in the Treasury report, ATF failed to collect sufficient information to determine whether an off-premises arrest of Koresh could have been achieved. The ATF raid planners made serious mistakes in the intelligence gathering operations conducted prior to the raid. Successful intelligence operations require the development of adequate and accurate information. ”

“ It serves as dangerous precedent that should not continue.
II. Factual Background On February 28, 1993 agents from the Bureau of Alcohol, Tobacco and Firearms (ATF) attempted to serve an arrest warrant on David Koresh and a search warrant on the Branch Davidian compound outside of Waco, TX. While executing these lawful warrants, the agents were met with a hale of gunfire. ATF agents Conway C. LeBleu, Todd W. McKeehan, Robert J. Williams and Steven D. Willis died as a result of gunshot wounds inflicted during the ambush. ”