LYCOS RETRIEVER 
Waco: Special Counsel
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The indictment was returned last week as Waco special counsel John C. Danforth released his final report absolving the government of wrongdoing in the siege. The case was filed in St. Louis because Mr. Danforth, a former U.S. senator from Missouri, based his investigation out of his law office there.
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The Special Counsel considered whether the use of active duty military at Waco violated the Posse Comitatus Act or the Military Assistance to Law Enforcement Act. These statutes generally prohibit direct military participation in law enforcement functions, but do not preclude indirect support such as loaning equipment, training in the use of equipment, offering expert advice, and providing equipment maintenance. The Special Counsel noted that the military provided “extensive” loans of equipment to the ATF and FBI including, among other things, two tanks the offensive capability of which had been disabled. Additionally, the military provided more limited advice, training, and medical support. The Special Counsel concluded that these actions amounted to indirect military assistance within the bounds of applicable law. The Texas National Guard, in its state status... provided substantial loans of military equipment, as well as performing reconnaissance flights over the Davidian complex.
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Houston attorney Dick DeGuerin, who filed a motion on behalf of the five Waco men, said U.S. District Judge Stephen Limbaugh ruled after an hourlong closed-door hearing that he lacked legal grounds to throw out the subpoenas. They were issued late last week at the request of the Waco special counsel's office.
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