No More Wacos: What's Wrong with Federal Law Enforcement, and How to Fix It

by David B. Kopel and Paul Blackman

This is an advance draft of the book. Material may be added, deleted, or changed between now and the March 1997 publication

Table of Contents

Prologue
A. The Book of Revelation
B. The Branch Davidians
C. Vernon Wayne Howell
D. Marc Breault
E. Dress Rehearsal for Waco: The Randy Weaver Case

Chapter I. The Unwarranted Warrant
A. "Zee Big One"
B. Initial Investigation
C. Ignorance of the Law and of Firearms
D. Widely Available "Clandestine" Publications
E. Unreliable and Ignorant Witnesses
F. Irrelevant, Stale, and Absurd Allegations Against Koresh
G. The Lack of Probable Cause
H. Exercising First Amendment Rights as "Probable Cause"
I. The Exclusionary Rule

Chapter II. A Search Warrant or a Death Warrant?
A. Could Koresh Have Been Arrested Outside the Mount Carmel Center?
B. The Arresting Difference Between Ordinary Criminals and Martyrs
C. Militarizing American Drug Law Enforcement
D. Why an Element of Surprise?

1. Koresh's Prior Cooperation with Law Enforcement
2. Evidence of Koresh's Possible Dangerousness

E. What Element of Surprise?
F. Who Started the Shooting?
G. Helicopters, Machine Pistols, and other Weapons
H. Aftermath

Chapter III. The Siege
A. The Rules of Engagement and the Hostage Rescue Team
B. Negotiations and Tactical Pressure
C. Had Negotiations Reached a Dead-end?
E. The Surrender Letter and the Closing of Negotiations
E. CS Chemical Warfare Agent
F. D-Day

Chapter IV. The Great Disappointment
A. "Flames Await"
B. April 19
C. To Raze a Village
D. Child Abuse

Chapter V. The Cover-Up
A. Coverup Through April 19 and Immediate Aftermath
B. Executive Branch: Treasury and Justice Department Reports
1. Treasury Report
2. Justice Report
3. The White House
C. Legislative Branch: Congressional Oversight
D. The Fourth Branch: News Media
E. Aftermath
F. Independent Counsel

VI. Policy Lessons
A. More Gun Control?
B. Institutional Reform at Federal Agencies
1. Why BATF Should Not Be Abolished, Even Though It Deserves to Be
2. FBI
3. Department of Justice
4. United States Marshals Service
5. Other
C. Other Law Enforcement Improvements
D. Forfeiture reform
E. Revive American and Media Support for Freedom of Religion
F. Demilitarizing Law Enforcement
G. Defederalizing Law Enforcement
H. The God that Answereth By Fire

Appendix A: The Comprehensive Public Safety and Federal Law Enforcement Improvement Act

Appendix B: Day-by-Day Summary of FBI Negotiations with the Branch Davidian

Appendix C: Witness-by-witness Summary of Trial Transcript

Selected Bibliography