“ Noesner maintains that a negotiator should never become embroiled in a discussion of the beliefs of the subject of the negotiations; never give the barricaded person the benefit of believing he has control of the conversation. Dr. Phillip Arnold, of the Reunion Institute in Houston, TX, and Dr. James Tabor, Associate Professor of Religious Studies at the University of North Carolina at Charlotte, suggest that Koresh could have been dealt with through a discussion of his biblical interpretations. ”

“ The effect on negotiations of the decision to employ tactical maneuvers The decision to employ tactical maneuvers had the exact result negotiators and experts predicted. The experts advised against antagonizing the Davidians. [21] In a memorandum coauthored by Peter Smerick, an FBI Criminal Investigative Analyst, and Park Dietz, Clinical Professor of Psychiatry and Biobehavioral Sciences at the UCLA School of Medicine, the FBI was advised that "negotiations coupled with ever increasing tactical presence . . . could eventually be counter- productive and could result in loss of life." ”

“ The attorneys for the Davidians Another concern of the Rangers was the FBI's decision to allow face- to-face meetings between the Davidians and their attorneys. While it is common for a client under investigation or prosecution to meet with his attorney, it is rare for an attorney to meet with his client while his client is the subject of a "hostage barricade situation." [50] The negotiators and the tactical agents had different opinions on the wisdom of letting the attorneys into the residence. ”

“ The problem with two teams: one negotiating team and a tactical team At Waco, the FBI Crisis Management Team was deployed. The Crisis Management Team is made up of a variety of law enforcement professionals, among them agents trained as tactical agents and as negotiators. The team was divided into groups with separate leadership and different responsibilities. Each team gave its perspective to Jeffrey Jamar, the Special Agent in Charge, who determined which strategy to employ in negotiations. ”

“ Noesner described the role of the SAC saying, "He has to take the information and couple that with the information he receives from other intelligence sources, from the tactical team and he has to weigh all those things, weigh them with his own experiences and his own perceptions and he has to come to a decision." [16]
Noesner emphasized the fact that the real problem in Waco was one of leadership. The situation at Waco required someone to make the decision on what strategy to utilize to confront this "unconventional" group. ”

“ In anticipation of future negotiations involving unusually emotional subjects, such as Koresh, or those which may involve prolonged periods of time during which negotiators may become physically or emotionally fatigued, law enforcement agencies should implement procedures to ensure that these factors do not influence the recommendations of negotiators to senior commanders. ”

“ Tabor, Arnold, DeGuerin and Zimmerman believed that a surrender was eminent.
Further evidence of the fact that Koresh's letter was a genuine breakthrough was the reaction of those in the residence to the news of the surrender. Upon discovery that Koresh had given a deadline for surrender, there was obvious "jubilation" at the prospect of ending the siege. [114] In the background of the tapes, cheering can be heard. As Tabor told the subcommittees, "You can exactly see the mental state of the people inside. It is buoyant. They are talking about coming out. They are excited about it." ”

“ The effect that the tactical maneuvers had on negotiations was only one of the problems resulting from that decision. In fact, some believe that playing loud music bonded the Davidians closer together. [25]
f. Tactical maneuvers may have fed into the vision anticipated by Koresh Koresh often warned Davidians that they would die in a fire brought on by "the Beast." [26] In Smerick's March 8 memo, he recommended that tactical pressure "should be the absolute last option we should consider, and that the FBI might unintentionally make Koresh's vision of a fiery end come true." ”

“ It goes against standard negotiation policy to allow outsiders to participate in serious and dangerous "hostage" negotiations. Consistent with the advice of FBI experts, the negotiators in Waco did not allow outsiders to participate in negotiations out of fear that something they said might inflame David Koresh. Arnold and Tabor were no exception, they were ignored. ”

“ On the other hand, the FBI received an unsolicited letter from the Harvard Negotiation Project containing thoughtful and specific suggestions to assist the negotiators in formulating a framework for further negotiations with Koresh. A smaller number of offers came from individuals lacking a firm grip on reality, such as people claiming to be God or Jesus offering to "order" Koresh to leave the compound. One person was arrested on his way to the compound brandishing a samurai sword, which he said "God had told him to deliver to Koresh." ”

“ Negotiation training gives preference to those with a social science background. The FBI negotiation curriculum includes abnormal psychology and the social sciences. Time after time, David Koresh, and Davidians Wayne Martin and Steve Schneider, sought to speak with someone who could understand the Branch Davidian interpretation of the Seven Seals. ”

“ It is difficult to imagine that use of tactical force could be a beneficial tool with those whom experts say should be treated with caution and conciliation. Notwithstanding Sage's description of the tactical maneuvers as helpful to negotiations, any consequences of aggressive movements on the part of FBI were not ones it intended. ”

“ The Texas Rangers Another group for which Davidians expressed their trust was the Texas Rangers. A longstanding and well respected law enforcement entity, the Texas Rangers were charged with conducting the final investigation into the raid on the Davidians. The Rangers were never allowed to participate in negotiations with the Davidians. They often had concerns about the conduct of the siege and attempted to express these concerns to Jamar. The Rangers were frustrated by a lack of communication with Jamar. ”

“ Although these suggested measures are exactly the tactics the FBI used in Waco, Smerick suggests that while the "negotiators were building bonds . . . the tactical group was undermining everything." [99] Smerick continued, " [e] very time the negotiators were making progress the tactical people would undo it." [100]
During the hearings before the subcommittees, Smerick was questioned about this abrupt change in his advice; and whether senior Justice Department officials pressured him to change his advice to match the course of action preferred by the on-scene commanders. ”

“ Schneider for his part had to walk throughout the residence to tell people inside to stop shooting. Cavanaugh, who had no direct radio link to each agent, had to advise the team leaders of the cease fire and the team leaders in turn had to communicate with their agents. The cease-fire was negotiated for a period of time before the shooting finally stopped. ”

“ It was trained to deal with highly dangerous missions. The team boasts "sophisticated armament including infra-red aiming devices, daytime and nighttime sniper capabilities, explosive and mechanical breaching abilities, and certain non-lethal weapons." ”

“ The immense number of people seeking to assist in the negotiations at Waco provided a good pool of resources from which to choose experts. Some of those people offering their assistance could have proven useful in the negotiations. The FBI should encourage agents to reach out for creative solutions to barricade situations in the future. ↑ Briefing by Federal Bureau of Investigation Supervisory Special Agent Gary Noesner to the subcommittees, November 1995.↑ Id.↑ Id.↑ U.S. Dept. ”