The following is a more detailed version of a post submitted by 
Carol Moore a couple of weeks back. I'm posting it here as a favor 
to its author, Nancy Ross. Post it everywhere you can think of; it 
looks like a good way to get some feedback to the FBI et.al. 
_______________________________________________________________

PROPOSED TOUR OF CONGRESS FOR BRANCH DAVIDIAN DEFENSE LAWYERS

                     March 10, 1994

The recent acquittal of the eleven members of the Branch Davidian 
sect on conspiracy charges has raised once again the question of 
whether Federal law enforcement agencies used excessive force in 
their attempt to serve a warrant on the Branch Davidians, and in the 
"resolution" of the subsequent standoff. The government's own review 
of both the ATF and FBI actions suggest that law enforcement 
violated its own procedures, rejected less confrontational methods 
of performing its duties in favor of high profile paramilitary 
options, and ignored the advice of its own behavioral experts in 
discounting the religious world view of the Branch Davidians. The 
conclusions drawn by the Department of Justice and Treasury largely 
center on procedural or organizational remedies (e.g., enlarging the 
FBI's hostage rescue team) and do not reach the constitutional 
issues raised by law enforcement actions at Waco.

The Washington lobbying firm of Ross & Green has proposed to set up 
a one week tour of Congress for the Branch Davidians' defense team. 
The purpose of this tour would be for the lawyers to visit members 
of Congress who sit on the committees who have oversight 
responsibilities for Federal law enforcement agencies, and push for 
a more complete investigation of what happened at Waco. There is 
draft legislation in Congress which would create an independent 
commission with broad powers to investigate law enforcement actions 
from the February 28 assault to the conclusion of the standoff. We 
would like to use these meetings between members of the Branch 
Davidian defense team and Congress members to support this 
legislation and to allow the attorneys to raise their concerns about 
the actions of law enforcement. Some of the questions that have 
been raised that could possibly be addressed by such a commission 
are:

    Who did the ATF and FBI use as outside consultants and
    "experts," and what is the procedure by which such consultants
    are selected?

    What was the justification for using paramilitary tactics
    against the Mt. Carmel community, and how are such decisions
    reached?

    What was the justification (and legality) of using military
    equipment in the course of domestic law enforcement?

    What is the justification (and morality) of planning to
    expose infants and children to CS gas for 48 hours?

We would like to arrange meetings between the defense lawyers and 
those Senators and Representatives who are members of the following 
committees (in some instances we would also meet with high level 
staff): the House and Senate Judiciary Committees; the Commerce, 
Justice and State, the Judiciary and Related Agencies Subcommittees 
of the House and Senate Appropriations Committees; the Treasury, 
Postal Service and General Government Subcommittees of the House and 
Senate Appropriations Committees; the House Committee on Government 
Operations.

About Ross & Green:

Ross & Green is a lobbying firm which specializes in democracy and 
human rights issues, both in the United States and internationally. 
Since last summer we have been lobbying Congress to take up the 
question of how the serving of a warrant on an individual and a 
community with no prior history of violence against their neighbors 
or officers of the law turned into a bloody confrontation in which 
over 80 people were to lose their lives. We are concerned by the 
possibility that the Branch Davidians' adherence to a non- 
mainstream religion (characterized by a communal life style, 
unconventional domestic arrangements and apocalyptical outlook) may 
have influenced the approach of law enforcement and resulted in 
discriminatory investigative and law enforcement actions by the ATF 
and the FBI. It is clear that associates of the Cult Awareness 
Network (CAN) successfully demonized the Branch Davidians for these 
constitutionally-protected activities, and brought the Davidians to 
the attention of law enforcement. The actions of the ATF and the FBI 
and their CAN informants have dire consequences for First, Fourth 
and Fifth Amendment freedoms.

Our firm has dedicated as much of our modest resources as we can to 
lobbying Congress and conducting grassroots information campaigns to 
fight what we regard as a dangerous development in law enforcement: 
using a citizen's religious or political beliefs and the exercise of 
those beliefs as a predicate for opening criminal investigations or 
for law enforcement action. In the past nine months our firm has:

Lobbied the members of the Senate Judiciary Committee prior to the 
confirmation hearings of Louis Freeh, the new FBI director. We asked 
them to query Judge Freeh concerning his opinion of the FBI's 
practice of investigating non-mainstream political and religious 
groups who are merely engaged in First Amendment activities.

Distributed a white paper entitled, "The Cult Awareness Network and 
Its Role in Waco Events" to 150 members of Congress, targeting 
members who sit on key oversight committees.

Lobbied the House and Senate Judiciary Committees to open an 
investigation of Waco events that would go beyond the operational or 
procedural errors committed by government to reach the 
constitutional issues raised by law enforcement decisions and 
actions.

Contacted the independent experts recruited by the Justice and 
Treasury Department to review the Waco events, and provided them 
with information we had about the role of CAN and CAN-influenced 
media in provoking law enforcement.

Organized a congressional briefing entitled, "Did Waco set a 
Dangerous Precedent for Religious and Civil Liberties? What are the 
Lessons for Law Enforcement?" The panel of religious, psychology and 
legal experts who spoke included: Dr. H. Newton Malony, representing 
Division 36 (Psychology of Religion) of the American Psychological 
Association; Dr. James Tabor, associate professor of religious 
studies at the University of North Carolina; Dr. David Bromley of 
Virginia Commonwealth University, who is president of the 
Association for the Sociology of Religion; and Arthur Block, Esq., 
attorney representing the New Alliance Party in its suit against the 
FBI.

Represented on Capitol Hill Dr. Lenora Fulani and the New Alliance 
Party (NAP), one of the many organizations that have been 
stigmatized with the "cult" label. Since 1988, NAP has been the 
target of an improper investigation and harassment by the FBI. In 
1988, using information received from an informant described by the 
agency as "of unknown reliability," the FBI opened a nationwide 
inquiry of the political party. Although the FBI had no evidence of 
any illegal activity on the part of NAP, it issued warnings to its 
offices around the country that NAP members were "armed and 
dangerous." On closing its inquiry, the Bureau retracted this 
characterization, concluding that the political party was "none 
other than a political/cult organization."

Organized a coalition of 49 religious scholars, civil libertarians, 
legal experts and members of stigmatized groups to protest the 
Illinois State Senate's Resolution 448,wwhich called on the Senate 
Education Committee to hold public hearings on "cult" activities on 
state university campuses. The Committee's report was widely 
criticized in the mainstream press (which quoted our firm and other 
members of the coalition) as a violation of separation of church and 
state and a waste of taxpayer money.

We are eager to continue to raise these issues for dialogue among 
the American people and their elected representatives. We believe 
that such a dialogue could be advanced by having the Branch Davidian 
defense team visit with members of Congress.

In order to meet the expenses of such a tour we need to raise about 
$6,000. Contributions would be greatly appreciated. Please make 
checks payable to: Ross & Green, 1010 Vermont Ave. NW #811, 
Washington, DC 20005.