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CONTENTS
Page
Part 1.-House Report 104-749, Investigation Into the Activities of Federal
Law Enforcement Agencies Toward the Branch Davidians
Executive summary
A. A brief summary of the Government's actions toward the Branch
Davidians
12
248223
14
15
16
17
A. The McMahon compliance visit
B. The investigation continued
C. Undercover operation
D. Failure to comply with "sensitive-significant" procedures
2. Raid approval and lack of Treasury Department oversight
of ATF
E. Findings concerning the planning and approval of the raid
IV. Raid execution
A. Rodriguez and the "element of surprise"
1. How the Davidians knew the ATF was coming
2. The undercover agent
B. Who bears the responsibility for the failure of the raid?
C. Other ways in which the plan selected was bungled
1. Command and control issues
2. The lack of a written raid plan
3. Lack of depth in the raid plan
4. Tactical teams trained together for only 3 days before the
raid
5. True National Guard role only made clear 24 hours prior
to theraid
D. Service of the warrant
E. Unresolved allegations
1. Who shot first?
2. Were shots fired from the helicopters?
F. The firing and rehiring of Chojnacki and Sarabyn
G. Findings concerning the raid execution
H. Recommendations
29
34
49
50
51
52
55
1. Overview
F. Recommendations
V. Military involvement in the Government operations at WACO
A. The expansion of military assistance to law enforcement
1. The Posse Comitatus Act
2. Interstate use of National Guard by Governors
B. The Bureau of Alcohol, Tobacco and Firearms' request for military
assistance and the military assistance actually provided
2. Concerns of military legal advisors
3. Evidence indicating problems in the approval process
C. The alleged drug nexus
1. Methamphetamine laboratories
2. Evidence purporting to show the alleged drug nexus
3. Evidence refuting ATF's claim of a drug nexus
D. Post-raid military assistance to the Federal Bureau of Investiga-
tion
1. Military equipment and personnel provided
2. Advice/consultation provided by military officers
3. Foreign military personnel ......
E. Findings concerning military involvement in the Government oper-
ations at Waco
VI. Negotiations to end the standoff with the Davidians
Ă. The conflict between tactical commanders and negotiators
57
62
65
73
75
80
84
89
92
93
95
96
98
103
1. The problem with two teams: one negotiating team and
a tactical team
B. Negotiation opportunities lost
107
1. Why the FBI changed negotiators
2. Why the FBI didn't allow others to participate in the nego-
tiations
109
C. Lack of appreciation of outside information
112
1. Why the FBI did not rely more on religious advisors to
understand Koresh
2. Others who contributed information
115
D. The FBI's failure to follow its own expert's recommendations
1. What the FBI's own experts recommended
4. The failure to communicate this breakthrough up the chain
of command
121
5. Evidence that Koresh was writing his interpretation of the
Seven Seals
6. Why the FBI disregarded the evidence that the Seven Seals
were being written
F. Findings concerning the negotiations to end the standoff with
the Davidians
122
G. Recommendations
VII. The Attorney General's decision to end the standoff
124
A. Overview of the plan to end the standoff
B. The operation plan for April 19, 1993 .....
1. Overview of the written operation plan to end the standoff
2. Acceleration provisions of the operations plan
F. Effect of the CS and methylene chloride in the quantities used
1. Lethality of CS as used at Waco
128
129
130
132