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 #1 5:57 am - 8:00 am.” Within a few days Brown recognized that she had not previously seen this tape and brought it to the attention of her supervisor at the FBI.

157. On September 1, 1999, FBI attorney Elizabeth Beers called the Unit Chief for the Aviation Special Operations Unit (“ASOU”) Isaac Nakamoto and asked him to search again for April 19, 1993, FLIR tapes. In the subsequent search, the FBI located two additional FLIR tapes in an unlocked ASOU filing cabinet in the office of the Supervisory Aviation Specialist. These tapes are from 5:59 a.m. to 7:56 a.m. and from 7:57 a.m. to 9:28 a.m.

158. In early September 1999, the FBI disclosed publicly the existence of additional FLIR video recordings which it had previously claimed did not exist. On September 2 and 3, 1999, the FBI press office released the morning FLIR recordings, including the audio, which confirmed the firing of the pyrotechnic military tear gas rounds at the concrete construction pit shortly after 8:00 a.m. on April 19, 1993.

159. As a result of the public release of information from the newly discovered FLIR tapes, the public disclosure of the military tear gas casing and the photograph of the military projectile, and new information about the presence of Army Special Forces personnel at Waco, on September 1, 1999; at the suggestion of FBI Director Louis Freeh, Attorney General Reno sent U.S. Marshals to the FBI to confiscate Waco-related evidence. Then, after first considering allowing the FBI to investigate the matter, she decided to appoint a Special Counsel to investigate questions about the conduct of the FBI at Waco, and whether any government official had covered up information