32. Selected Letters, pp. 84-85.
33. Allen M. Brandt, “Racism and Research: the Case of the Tuskegee Syphilis Study,” Hasting Center Reports, vol. 8, p. 25 (1978).
34. “Doctor Says He Was Told Not to Treat Men in V.D. Experiment,” New York Times, Aug. 8, 1972, online at http://www.nytimes.com/1972/08/08/archives/doctor-says-he-was-told-not-to-treat-men-in-vd-experiment.html.
35. Selected Letters, p. 95.
36. John F. Mahoney, R. C. Arnold & Ad Harris, “Penicillin Treatment of Early Syphilis,” American Journal of Public Health, vol. 33, p. 1387 (1943). The article states it was presented at an October 14, 1943, meeting of the American Public Health Association. The duration of the study, and the time required to prepare the paper, is unknown. But since it was undertaken on a request from the National Research Council it seems likely there was talk of penicillin’s curative powers for quite some time.
37. Allan M. Brandt, “Racism and Research: The Case of the Tuskegee Syphilis Study,” in Sickness and Health in America, p. 399, edited by Judith Leavitt & Ronald Numbers (1997).
38. R. A. Vonderlehr, Taliaferro Clark, O. C. Wenger & J. R. Heller, “Untreated Syphilis in the Male Negro,” Journal of the American Medical Association, vol. 107, p. 856 (Sept. 12, 1936).
39. J. R. Heller & P. T. Bruyere, “Untreated Syphilis in the Male Negro: Mortality During 12 Years of Observation,” Journal of Venereal Disease Information, vol. 27, p. 34 (1946).
40. Selected Letters, p. 98.
41. Sydney Olansky, et al., “Twenty Years of Clinical Observation of Untreated Syphilitic and Presumably Nonsyphilitic Groups,” Journal of Chronic Diseases, p. 177 (Aug. 1956).
42. Donald H. Rockwell, Anne Roof Yobs & M. Brittain Moore, “The Tuskegee Study of Untreated Syphilis,” Archives of Internal Medicine, vol. 114, p. 792 (1964).
43. Selected Letters, p. 104.
44. Ibid.
45. Dr. Schatz’s letter was never published, but the Wall Street Journal uncovered it via a Freedom of Information Act request. As a result, he received the Mayo Clinic’s Distinguished Alumni Award. He died in 2015 at the age of eighty-three. Sam Roberts, “Irwin Schatz, 83, Rare Critic of Tuskegee Syphilis Study, Is Dead,” New York Times, Apr. 18, 2015, online at https://www.nytimes.com/2015/04/19/health/irwin-schatz-83-rare-critic-of-tuskegee-study-is-dead.html.
46. Peter Buxtun, conversation with author, Sept. 29, 2016. See also “Testimony by Peter Buxtun,” in Tuskegee Truths, pp. 151–54.
47. Peter Buxtun, conversation with author, Sept. 29, 2016.
48. James H. Jones, op. cit., p. 199.
49. “Of Microbes and Mock Attacks: Years Ago, the Military Sprayed Germs on U.S. Cities,” Wall Street Journal, online at http://www.wsj.com/articles/SB1003703226697496080; Kevin Louis, “‘One of the Largest Human Experiments in History’ Was Conducted on Unsuspecting Residents of San Francisco,” Business Insider, July 9, 2015, online at http://www.businessinsider.com/the-military-tested-bacterial-weapons-in-san-francisco-2015-7.
50. Nevin v. United States, 696 F.2d 1229 (9th Cir. 1983).
51. Selected Letters, p. 105.
52. “Human Guinea Pigs / Syphilis Patients Died Untreated,” Washington Star, July 25, 1972, p. 1.
53. “Syphilis Victims In U.S. Study Went Untreated For 40 Years,” New York Times, July 26, 1972, p. 1.
54. Final Report of the Ad Hoc Tuskegee Syphilis Study Panel (1973).
55. Fred D. Gray, op. cit., pp. 24–25 (1998).
56. Ibid., pp. 98-99.
CHAPTER 4
1. Danny O. Coulson & Elaine Shannon, No Heroes, pp. 407–8 (1999).
2. Randy and Sara Weaver, The Federal Siege at Ruby Ridge, p. 55 (1998).
3. Ibid., pp. 14–15 (1998).
4. Ibid., p. 27.
5. Ibid.
6. Ibid., p. 30.
7. United States Department of Justice (USDOJ), Internal Investigation of Shootings at Ruby Ridge, Idaho, During Arrest of Randy Weaver, Part 1 (1994), online at http://law2.umkc.edu/faculty/projects/ftrials/weaver/dojruby1.html [hereinafter “USDOJ Report”].
8. Randy and Sara Weaver, op. cit., p. 30 (“When I sent a copy of the document stating the March 20, 1990 trial date to the media, they confronted the U.S. Marshal’s Office in Boise”).
9. Ibid.
10. Randy and Sara Weaver, op. cit., p. 30.
11. USDOJ Report, Part 2.
12. Ibid.
13. Ibid.
14. James Bovard, “No Accountability at the FBI,” Wall Street Journal, Jan. 10, 1995, online at http://jimbovard.com/blog/2012/08/22/20-years-ago-at-ruby-ridge-fbi-sniper-slays-mother-holding-her-baby/.
15. USDOJ Report, Part 2. With regard to typos, the first two sentences of the psychologist’s report are illustrative: “In my best professional judgement, Mr. Randall would be an extreme threat to any police officer’s attempt to arrest him. Further, Mr. Randall has indoctrated his family into a belief system that the end of the world is near and that his family must fight the fences for evil that want to take over the world.”
16. USDOJ Report, Part 4.
17. USDOJ Report, Part 2.
18. Department of Justice, Office of the Inspector General, An Assessment of the 1996 Department of Justice Task Force Review of the FBI Laboratory, July 2014, online at https://oig.justice.gov/reports/2014/e1404.pdf; “FBI Admits to Flawed Forensics Analyses for Cases,” National Whistleblower Center, online at http://www.whistleblowers.org/press-room/video-and-audio/1551.
19. Jess Walter, Ruby Ridge, The Truth & Tragedy of the Randy Weaver Family, p. 390 (1996).
20. USDOJ Report, Part 3.
21. Timothy Egan, “Idaho Neighbors Resent Police for Pursuing ‘Patriot’ Fugitive,” Santa Fe New Mexican, Aug. 27 1992, p. A-3.
22. Associated Press, “Fugitive’s Son Killed in Gunfight,” (Xenia Ohio) Daily Gazette, Aug. 25 1992, p. 2.
23. Associated Press, “Fugitive Keeps Officials at Bay on Mountain,” (Arlington Heights, IL) Daily Herald, Aug. 23, 1992, p.1.
24. USDOJ Report, Part 4.
25. See generally Danny O. Coulson & Elaine Shannon, op. cit.
26. Gary Noesner, Stalling for Time: My Life as an FBI Hostage Negotiator, p. 91 (2010).
27. USDOJ Report Part 4.
28. Idaho v. Horiuchi, 253 F.3d 359 (9th Cir. 2001) (summarizing testimony of HRT sniper Lon Horiuchi).
29. Danny Coulson & Elaine Shannon, op. cit., p. 400.
30. Tennessee v. Garner, 471 U.S. 1 (1985).
31. USDOJ Report, Part 4.
32. USDOJ Report, Part 4. Various versions of the rules can be found, and it seems likely that different people recorded them differently. The version given at Randy Weaver’s criminal trial, for instance, transposed No. 1 and No. 2, as given here. George Lardner, Jr. & Richard Lei, “Permissive Rules of Engagement at Issue in Ruby Ridge Shooting,” Washington Post, July 14, 1995, p. 1.
33. USDOJ Report, Part 4.
34. Ibid.
35. Ibid.
36. Ibid.
37. Ibid.
38. Danny O. Coulson & Elaine Shannon, op. cit., pp. 407–8.
39. We here follow the official narrative, but there is another possibility. Each sniping team consisted of a sniper and a spotter. They were armed with M16s in addition to the sniper’s rifle. It is hard to see how a sniper, using a proper rifle, could have failed to kill Weaver, a stationary target, at this close a range. If, on the other hand, the shot were taken with the M16 with no telescope sight, it would certainly be possible to wound but miss the kill zone. Moreover, Sara Weaver described Randy Weaver’s wound as small: she put a bandage over the entrance wound, and only much later did they find the exit wound in his underarm. His wound was described as beginning to heal at his surrender eleven days later. That is easier to reconcile with an M16 shot than with a shot from a sniper rifle chambered in 7.62 mm NATO, which is twice as powerful. Sara describes Kevin Harris’s arm wound, clearly inflicted by Horiuchi’s 7.62 mm, as “as big around as a
soup can lid,” and his arm as swollen to twice its size. Randy and Sara Weaver, op. cit., p. 56.
40. Ibid., p. 39.
41. Ibid., p. 53.
42. Mil-dots are dots on the crosshairs spaced one mil apart; two hundred yards a mil equals 7.2 inches. On the scope used by the HRT snipers, the dot nearest the intersection of the crosshairs is omitted. The sketch shows the first dot aligned with the stick figure, which would indicate a lead of two mils, or just over 14 inches.
43. Christopher Witcomb, Cold Zero: Inside the FBI Hostage Rescue Team, p. 231 (2001).
44. Randy and Sara Weaver, op. cit., p. 101.
45. Ibid., p. 53. Both Randy and Sara Weaver refer to the sniper’s shots as very loud and being heard at the same instant that the bullets arrived. Most likely what they heard was the incoming bullet’s snap, a manner of sonic boom created by a supersonic projectile. The bullet would have covered two hundred yards in about a quarter of a second, while the sound of the shot being fired would have taken just over twice that long.
46. Danny Coulson & Elaine Shannon, op. cit., p. 412.
47. Randy and Sara Weaver, op. cit., p. 57.
48. Ibid., pp. 58–59.
49. Ibid., p. 59.
50. “Friendly Fire may have killed Fugitive’s son,” Orlando Sentinel, Aug. 27, 1992. Online at http://articles.orlandosentinel.com/1992-08-27/news/9208270874_1_weaver-degan-harris.
51. Danny Coulson & Elaine Shannon, op. cit., p. 417. (“Why hadn’t HRT detached it before sending the robot up the hill? Sheer carelessness is all I can figure.”)
52. Ibid., p. 417.
53. Ibid.
54. Ibid., p. 419.
55. Danny O. Coulson & Elaine Shannon, op. cit., p. 416.
56. Ibid., p. 424.
57. Gerry Spence, Police State, pp. 52–53 (2005).
58. Notice of Filing of Special Report, In Re Special Proceedings, Misc. No. 09-0198, (D.D.C., Mar. 15, 2012), online at https://www.scribd.com/document/85469006/Schuelke-Report.
59. Sidney Powell, Licensed to Lie: Exposing Corruption in the Department of Justice, p. 222 (2014).
60. Danny O. Coulson & Elaine Shannon, op. cit., p. 415.
61. Gary Noesner, Stalling for Time: My Life as an FBI Hostage Negotiator, p. 95 (2010).
62. Opening Statement of Louis J. Freeh, before the Subcommittee on Terrorism, Technology and Government Information, of the Senate Judiciary Committee, online at: http://fas.org/irp/congress/1995_hr/s951019f.htm#punishment%20administered.
63. Jess Walter, op. cit., pp. 380-81.
64. Howard Fischer, “Tucson Couple’s Case to Help Supreme Court Probe Penalties for Data-Concealing Lawyers,” Arizona Star, Dec. 9, 2016, online at http://tucson.com/news/state-and-regional/tucson-couple-s-case-to-help-supreme-court-probe-penalties/article_7d92a742-3097-5cd2-8b03-566aeac36766.html.
65. Jess Walter, op. cit., p. 391.
66. U.S. Constitution, Art. VI, §2.
67. In re Neagle, 135 U.S. 1 (1890).
68. In re Neagle, 135 U.S. at 75.
69. Traditionally, federal appellate cases are first decided by a three-judge panel. Further appeal (discretionary with the court) is to the court sitting en banc, which in most courts means all the judges of the court. But the Ninth Circuit is so large (nearly thirty active judges) that its rules provide the further appeal to an eleven-judge panel consisting of the chief judge and ten other judges picked at random.
70. State v. Horiuchi, 253 F.3d 359 (9th Cir. 2001).
71. Ibid.
72. Jess Walter, op. cit., p. 396.
73. Gerry Spence, op. cit., p. 63.
CHAPTER 5
1. Dean M. Kelly, “Waco: A Massacre and its Aftermath,” First Things, May 1995, p. 37, online at https://www.firstthings.com/article/1995/05/001-waco-a-massacre-and-its-aftermath.
2. Waco 911 tapes, Feb. 28, 1993.
3. Clive Doyle with Catherine Messinger and Matthew D. Witmer, A Journey to Waco, p. 91 (2012).
4. Combat grenades are filled with high explosive, with much more power than black powder. Practice grenades are designed for safety in throwing practice. The practice grenade has a hole in the bottom; some black powder is put into the hole before it is plugged with a cork. When it is thrown and the fuse burns down, the black powder ignites, pushing the cork out with a loud sound. Since the grenade casing does not explode, it can be reused.
5. While federal law now (and then) allows possession of a machine gun if legal requirements are met, a 1986 law prohibits civilian possession of machine guns made after this date. Grenade manufacture requires licensing as a manufacturer of “destructive devices,” which is hard to obtain, and the registration of each grenade made.
6. The search warrant and affidavit can be found online at http://www.jaedworks.com/shoebox/waco.html. I have focused here upon the affidavit’s major problem. A fuller explanation of its legal shortcomings and errors can be found in David B, Kopel & Paul H. Blackman, No More Wacos, pp. 47–78 (1997).
7. Report of the Department of the Treasury on the Bureau of Alcohol, Tobacco and Firearms Investigation of Vernon Wayne Howell, also known as David Koresh, p. E-3 (1993) [hereinafter “Report of the Department of the Treasury”].
8. Review of In the Line of Duty: Ambush at Waco (1993), online at http://www.imdb.com/title/tt0107205/.
9. “Information Paper,” dated 8 Mar. 1992, Dep’t of Defense FOIA release, p. 36163.
10. David T. Hardy v. FBI, et al., No. 95-883 (D. Ariz.), Declaration of Cheryl Kirkwood, pp. 11–13.
11. Hardy v. United States Dep’t of Defense, et al., No. 99–523 (D. Ariz.), Third Declaration of Scott A. Hodes at 4, appended to Defendant’s Notice of Filing of a Supplemental Declaration per Court’s Order of Aug. 27, 2001 (“Our review of the written statements confirmed that there exist no known videotapes from the CCTV cameras of the events at Waco on Apr. 19, 1993 …”).
12. Dick J. Reavis, The Ashes of Waco, p. 148 (1995).
13. Ibid., pp. 141–42.
14. The author was present during the civil trials in Waco and examined the surviving door at close range. The tracked vehicle marks lend credence to the story of a hastily removed companion door.
15. Dick J. Reavis, op. cit., p. 142.
16. Dick J. Reavis, “Trooper Describes Oddities at Waco,” San Antonio Express-News, Mar. 8, 2000.
17. Report of the Department of the Treasury; Report to the Deputy Attorney General on the Events at Waco, Texas, Feb. 28 to Apr. 19, 1993 (1993).
18. Mike McNulty died of a heart attack on February 20, 2015, at his home in Loveland, Colorado.
19. Sarah J. McCarthy, “Pyrotechnics at Waco,” World Net Daily, Aug. 31, 1999, online at http://www.wnd.com/1999/08/5839/#lU7ZfR066642ZXXd.03 (“Now, with new admissions by the FBI that after six years of denials by Janet Reno and the FBI, pyrotechnic tear gas canisters were used on the final day of the 1993 government standoff with the Branch Davidians at Waco, Texas, mistrust of government will justifiably grow …”).
20. Report of the Department of the Treasury, p. 136.
21. Report of Investigation (Law Enforcement) from Special Agent Davy Aguilera to SAC Houston Field Office, dated Feb. 29, 1993.
22. See generally David T. Hardy, “The Firearm Owners’ Protection Act: A Historical and Legal Perspective,” Cumberland Law Review, vol. 17, pp. 585, 604–06 (1986); David T. Hardy, ed., The BATF’s War on Civil Liberties (Second Amendment Foundation, 1979).
23. Carol Vinzant, “BATF Troop,” Spy Magazine, Mar. 1994, p. 49.
24. Carol Vinzant, op. cit., p. 44.
25. Trial transcript, United States v. Branch, No. 93-CR-046 (D. Texas), 1959.
26. Ibid., p. 2080.
27. Ibid., p. 1884.
28. David T. Hardy and Rex Kimball, This Is Not an Assault, pp. 81–82 (2001).
29. Survivor David Thibodeau said that Koresh called out, “What’s going on? There are women and children in here.” David Thibodeau, A Place Called Waco, p. 166 (1999). A few days after the
gunfight, a wounded Koresh told negotiators, “I was standing there in the door, they did hear me say, you know, ‘Go back, there’s women and children here, let’s talk about this.’” FBI negotiation transcripts, Mar. 3, 1993, p. 47. The ATF agents who testified at the civil trial all agreed that Koresh left the building and ran toward them while calling out, although not all could understand his words.
30. David Thibodeau, op. cit., p. 166.
31. The image can be found online at: http://images.usatoday.com/news/_photos/2003/04/18-waco-inside.jpg.
32. United States v. Branch, No. 93-CR-046 (W.D. Texas), trial transcript, p. 1744.
33. Ibid., pp. 1745–47.
34. Ibid., p. 2689.
35. Ibid., p. 2331.
36. Wendel E. Frost, ATF Sierra One Waco, pp. 59, 61 (2009).
37. A sniper firing at just over two hundred yards is unlikely to inflict a survivable wound, and none of the survivors of the fire had previous gunshot injuries.
38. Data taken from the autopsy of David Koresh.
39. Book of Revelation, 7:4, 14:1–3.
40. James D. Tabor & Eugene v. Gallagher, Why Waco?, pp. 11–15 (1995).
41. Ibid., p. 15.
42. Ibid., pp. 15–16.
43. Ibid., p. 20.
44. FBI negotiation transcripts, online at http://www.serendipity.li/waco/tapes.html.
45. Christopher Whitcomb, Cold Zero (2001).
46. Ibid., pp. 293, 306.
47. Tabor & Gallagher, op. cit., pp.18–19.
48. Christopher Whitcomb, op. cit., p. 302.
49. Ibid., p. 307.
50. Activities of Federal Law Enforcement Agents Toward the Branch Davidians: Joint Hearings before the Subcommittee on Crime, House Judiciary Committee, and the Subcommittee on Nat’l Security, House Committee on Government Reform and Oversight (104th Cong., 1st Sess.), Pt. 3 at 112.
51. Ibid., Pt. 3, p. 113.
52. Ibid., Pt. 2, p. 346.
53. Dow Chemical Inc., Material Hazard Safety Sheet.
54. Richard Stewart, “Paint Remover Hazard,” Journal of the American Medical Association, vol. 235, p. 398 (1976).
55. Brown v. United States, No. H-95-587 (W.D. Tex.), Declaration of Eric Larson.
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