Evaluation of the Handling of the Branch Davidian Stand-off in Waco, Texas/The Briefing Of The Attorney General

C. WAS THE DECISION MAKING PROCESS FOR FORMULATION, APPROVAL AND IMPLEMENTATION OF THE PLAN FOR THE TEAR GAS INSERTION ADEQUATE?

The Briefing Of The Attorney General

After reviewing the facts and personally interviewing Attorney General Janet Reno and Associate Attorney General Webster Hubbell, I conclude that the Attorney General was adequately briefed on the tear gassing plan by the FBI. She considered all viable options and realistically considered the risks. The Attorney General and other Department officials asked appropriate questions and explored other options independent of the FBI briefing. At the Department's initiative, the Attorney General received a personal briefing from United States military commanders evaluating the plan. She also independently consulted medical experts on the effects of CS gas. Associate Attorney General Hubbell telephoned FBI Special Agent Byron Sage, one of the negotiation team leaders, and spoke with him extensively in order to get an opinion directly from the negotiators as to whether continued negotiation would be fruitful.

The Attorney General was sworn into office on March 12, 1993. Before her confirmation she received a general briefing on the Waco incident from Acting Attorney General Stuart Gerson. The President had already been advised of the status at Waco, had indicated that he preferred a negotiated solution, if possible, and asked to be informed if it appeared force would be necessary. The Attorney General had her first detailed meeting about Waco the week of March 12. She asked to be informed when and if there were any indications that the use of force might become necessary and requested periodic briefings.

The week of April 9 the Director of the FBI told the Attorney General that the FBI would be coming to her with a proposal to use tear gas to resolve the stand-off at Waco. On April 12, 1993 the Attorney General received the first detailed briefing on the tear gas plan from FBI representatives at FBI headquarters in Washington. The Associate Attorney General and other Department personnel were present. Immediately afterward the Attorney General and the Associate Attorney General met with others from the Department to discuss the proposal. The Attorney General expressed concern about the effects of the CS gas on the children and pregnant women in the compound. It was determined that a second opinion should be obtained from the military on the viability of the plan and more information should be gathered on the effects of CS gas.

On April 14, 1993 another meeting was held at FBI headquarters. Military commanders provided their assessment of the plan. The results of studies of the effects of CS gas, including the effects on children, pregnant women and the elderly were discussed. During the meeting it was noted that American soldiers are exposed to CS gas as part of their routine training. Also, concerns were raised by the military about fatigue due to the extraordinary duration of the stand-off.

The Attorney General was briefed on the alternatives to gassing, such as fencing in the compound. This option was not recommended because of the firearms in the compound. The FBI estimated that the Davidians had a year's supply of food and water. Thus if the FBI continued to wait, they were looking at possibly one year of negotiation during which time they could not protect against disaster, such as a gun battle, an explosion or people breaking into the compound. Additionally, if food or water began to run out or hygienic conditions deteriorated, they might walk in after a year and find a lot of people dead.

On April 15 Associate Attorney General Hubbell had a long telephone conversation with FBI negotiator Byron Sage in order to find out directly from the negotiators whether they agreed that it was time to go in with tear gas. Hubbell became convinced and reported to the Attorney General that the negotiators believed there was no further hope of getting them out through negotiation.

On Friday April 16 the Attorney General joined a meeting of the Associate Attorney General and the FBI Director in which the status of the decision was being discussed. She asked that by Saturday afternoon a statement be prepared documenting the situation inside the compound, the progress of the negotiations and the merits of the proposal.

On Saturday, April 17 the Attorney General was given a written summary with supporting documentation. on Saturday afternoon the Attorney General approved the plan to use the gas. On Sunday, April 18 the Attorney General informed the President that she had approved the plan.

The Attorney General believes she was adequately informed. She believes the FBI was very forthcoming. Associate Attorney General Hubbell believes he was fully briefed. The Attorney General and Associate Attorney General were not aware of any dissents from the plan. On Monday morning, April 19, the tear gas plan was implemented.