From: Gary Hunt at the Outpost of Freedom in Waco, Texas
Date: MARCH 26, 1993This story is about justice, as found in America today. As many of you know, I obtained a power of attorney from David Koresh on the 9th of March. That afternoon I attempted to enter the complex at Mt. Carmel and was denied access by the FBI. Subsequently, a Petition for Writ of Mandamus was submitted to the federal district court in an effort to gain access. This was denied because we had not sought all remedies available (as per Judge Smith). It appears, however, that there are no remedies available.
I have spoken with Mr. Keeney of the justice department in Washington, D.C., He directed me to the U.S. Attorney, Ron Ederer, who was very short and did not appear to be willing to discuss a solution. I then contacted Mr. Keeney and was given what appears to be a cold shoulder. What I discussed with Mr. Keeney had to do with the fact that a person who had become the spiritual leader of hundreds of people is now treated as if he were a dog.
Whenever there are contractual disputes, a mediator is called in. This is a third party who is disinterested in the matter. This time proven process will not be allowed here.
Let us suppose that David Koresh and the others within the complex, did defend themselves in accordance with Texas penal codes, §9. If by accident, or intent, the BATF fired first, the right to defend oneself is absolutely necessary if we are to remain a free nation to think that one must sit and be shot at until someone yells, "cease fire!" is absurd.
So, let us assume this to be the case. The Branch Davidians are told that they must surrender - to what? Jail, until someone makes a determination as to who fired first? Who will make that determination? Right now, all of the charges are based upon "informations" which have been prepared by the U.S. Attorney"s office at the request of the FBI. The only other method by which charges can be brought is by indictments issued by a grand jury.
The concept of grand jury is rather interesting and has been one of the safeguards of the American judicial process. Unfortunately, we are looking at a situation where the word of the government is sufficient to bring an information and incarcerate all those present until trial, whether they be guilty, or not.
Not so for the BATF agents who may have fired first. They are immune because they work for government- a license to kill, so to speak.
So, we have a situation where claims have been made by those who have come out, that BATF fired first, and nobody gives a damn. The people leaving are still held in jail and there is no grand jury investigating.
The FBI expects David Koresh, a capable and intelligent man, to submit to arrest for a crime he may not have committed. Perhaps, if the government would allow all to come out, and David Koresh to post bail, and the Branch Davidians to continue their lives, although in different quarters until the investigation is completed, and then, after an investigation by a grand jury, charges be brought only where justified, we could find a solution to this mess.
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