“ Congress should consider whether the lack of Treasury Department oversight of ATF activities in connection with the investigation of the Davidians, and the failures by ATF leadership during that investigation, indicate that jurisdiction over the ATF should be transferred to the Department of Justice. The ATF should revise its National Response Plan to ensure that its best qualified agents are placed in command and control positions in all operations. ”

“ The failure to inform National Guard commanders of the true role for the National Guard troops and equipment well in advance of the raid is an omission that is, at best, additional evidence of the poor planning for the raid done by the ATF commanders. ”

“ The subcommittees recommend that ATF's most senior officials be directly involved in the planning of all significant operations and personally approve each operation in advance of its implementation. Additionally, the subcommittees recommend that the National Command Center be activated well before the commencement of an operation, that it be staffed with persons experienced in tactical operations and knowledgeable of the operation in question, and that these persons be given the authority to suspend the operation or revise the operation plan as the situation develops. ”

“ The evidence presented to the subcommittees generally supports the conclusion that no shots were fired from the helicopters at the Branch Davidian residence. The subcommittees believe, however, that there is insufficient evidence to determine with certainty as to who fired the shots that made the bullet holes in the roof of the Davidian residence. After the raid failed, Clinton administration officials inaccurately stated that the ATF raid commanders had been given explicit orders to not proceed with the raid if the secrecy of the raid was compromised. ”

“ The subcommittees reviewed videotape of the raid shot by agents in the helicopters as well as videotape of the exterior of the helicopters involved in the raid after the helicopters withdrew from the scene. At no point in the videotape does any ATF agent fire a weapon from the helicopters and the helicopters do not appear to have been equipped with machine guns or other weaponry. ”

“ In other words, the use of these tactics was not the result of any circumstances which had occurred on February 28.
In 1917, [49] Congress enacted the Federal knock and announce statute. [50] Generally speaking, the statute permits forcible entry for the purpose of executing a search warrant only after the officer gives notice of his authority and his purpose but is refused admittance. Courts interpreting the statute, however, have adopted a number of exceptions to the rule allowing unannounced police entries in limited exigent circumstances. ”

“ At that time he stopped, and as I sit here I can remember, clearly, he took a deep breath, he turned and looked at me and said, "Robert, neither the ATF or the National Guard will ever get me. They got me once, and they'll never get me again." [9] Later, Rodriguez continued his testimony:
Mr. Ehrlich: And what did you do next? Mr. Rodriguez: I quickly--I felt--I felt very threatened and I stood up, I felt I had to--I had to leave the compound. By that time, there was more--more people that had come into the living room. At first there was only three when we first started. Mr. ”

“ Mr. Williams: Yes. Mr. Scott: And how close were you when the shooting started? Mr. Williams: I--basically about 10 feet. After that, the shooting started immediately after he closed the door. Mr. Scott: Is there any question in your mind as to where the shooting began? Mr. Williams: None. Mr. ”