Administrative Review Team, the Texas Rangers interviews, and the ATF shooting review notes, which were provided to them in the course of this matter. The parties understand that it is the intention of the Board to forward to the Agency for processing all pending and future Freedon of Information Act requests relating to the withdrawn documents. 13. This agreement constitutes a final settlement of any and all claims, charges, or causes of action that were or could have been brought by the Agency against the Appellant relating to ATF's investigation of Vernon Wayne Howell, aka, David Koresh and the Branch Davidians outside of Waco, Texas, and subsequent related investigations or reviews by the Texas Rangers or the Department of the Treasury, and all claims, charges; or causes of action against Appellant known to the Agency at the time of the execution of this agreement. 14. The Appellant's official personnel file (OPF) will reflect his voluntary reduction in grade and voluntary change in service. Any reference in the OPF, the employee performance file (EPF), and in any disciplinary file, to this disciplinary action will be expunged. Any documents in these files relating to or concerning disciplinary action will be removed and destroyed. The SF 50, reflecting the Appellant's removal will be expunged and replaced with an SF 50 reflecting a voluntary action by the Appellant. 15. Except as otherwise noted herein, the parties agree to bear their own costs and fees incurred in connection with this appeal. The parties specifically note that Appellant may petition for additional fees and costs incurred if required to bring an action to effect compliance with this settlement agreement or by the event of a breach of this agreement. 16. It is the understanding of the parties that by entering into this agreement Appellant will continue in a position in Federal service in the Agency that will preserve his 6(c) retirement status and will preserve his continued receipt of Availability pay, consistent with Federal law and regulations. 17. The terms and conditions set forth in this agreement constitute the full understanding of the parties in relation to the settlement of this appeal, and no understanding or agreement exists between the parties except as expressly set forth herein. The parties further agree that no modification of this agreement will be effective unless agreed to in writing by the Appellant and the Agency. 1 In light of the above settlement agreement and stipulations, the parties respectfully request that this settlement agreement be accepted into the Board's officia! record of these proceedings and that a decision be rendered incorporating the terms of this agreement and dismissing this appeal. cult members in a compound in Waco, Texas. From the exhaustive information put together by the investigation team, as well as interviews conducted by the review panel, I would like to discuss some topics and offer some opinions and suggestions relative to the warrant execution on that day. It is hoped that all law enforcement personnel will gain additional insight and understanding as the events of Waco are studied. Many questions have been raised in the aftermath of the law enforcement activities at Waco, Texas. One of the most perplexing is whether ANY law enforcement agency is adequately prepared to handle a similar assignment. I cannot answer that question. I can only caution against the thought of military intervention in a like situation. Unlike the military, in civilian law enforcement there can never be consideration given to any acceptable casualty losses. Occurrences of this type are nightmares for every police planner, manager and chief. ANALYSIS OF PLAN After dissecting A.T.F.'s involvement with the Vernon Howell investigation, it is my feeling that the raid on the Mount Carmel Center was doomed to fail even before the first highly trained SRT member stepped out of the cattle trailers on February 28, 1993. One of the key ingredients to any successful plan is intelligence gathering. Good, sound, correct and up to the minute information is essential for any raid plan, not to mention the mammoth undertaking in Waco. This was an area in need of major improvement in the A.T.F. investigation. It is my opinion that the case agent did his homework. I believe he conducted as thorough an investigation as was possible within the bureaucratic framework at A.T.F. There was mention of the fact that he only had five years experience in investigations and that this was his first big case. The fact remains, he developed the investigation and obtained critical information to substantiate probable cause, which led to the arrest warrant for Howell and search warrants for the compound and the "Mag Bag.' There was, however, a lot of missing information and poor intelligence gathered before the raid and on the raid day itself. Added to this was the fact that vital intelligence was overlooked, discarded or not used. This information was obtained by a host of A.T.F. personnel. Examples of this can be seen when former cult members are interviewed and, apparently, much if not all of their statements are reported to be facts. No thought is given to the idea that these ex-cult members had been away from the SELECTED DOCUMENTS PROVIDED BY THE DEPARTMENT OF DEFENSE AT THE REQUEST OF THE SUBCOMMITTEES OFFICE OF THE DEPARTMENT CF DEFENSE COORDINATOR 15°C CEFENSE PENTASON WASHINGTON DC 2020 MEMORANDUM FOR UNDER SECRETARY OF THE NAVY HELE SUBJECT: PRINCIPAL DEPUTY ASSISTANT SECRETARY OF THE ART DEPUTY ASSISTANT SECRETAL OF THE AIR FORCE (FA&COP) DIRECTOR, JOINT STAFF CHIEF, NATIONAL GUARD BUREAU Priorities, Policies and Procedures for Department of 50 REFERENCES: A. Department of Defense Domestic Counterdrug Operational B. Department of Defense Directive 5525.5, DoD Cooperation with Civilian Law Enforcement Officials, January 15, 1986. C. National Drug Control Strategy, The White House, D. Chairman of the Joint Chiefs of Staff Instruction E. Department of Defense Directive 5525.10. Using Military Working Dog Teams (MWDTs) to Support Law Enforcement Agencies in Counterdrug Missions, September 17, 1990. F. The Department of Defense (DOD) conducted a review of counterdrug (CD) operational support it provides domestic drug law enforcement agencies (DLEAs), reference A. |