Danforth to open Waco probe

WASHINGTON (AP) - Vowing to pursue the "dark questions" of the Waco siege, former Republican Sen. John Danforth opened an independent inquiry yesterday into whether the FBI started the deadly fire and later tried to cover its actions. He pledged a thorough inquiry that could include questioning of Attorney General Janet Reno and FBI Director Louis Freeh.

President Clinton, talking to reporters at the White House, applauded the selection of Danforth, calling him "an honorable man and an intelligent and straightforward man. The only thing I would ask is that he conduct a through and prompt investigation."

Clinton added that "I certainly don't think there's any reason" for Reno resign as several Republican leaders have urged.

At a news conference in the Justice Department, where Reno announced she had appointed him, Danforth said the country can survive bad judgment, "but the thing that really undermines the integrity of government is whether there were bad acts, whether there was a cover-up and whether the government killed people."

"I think my job is to answer the dark questions," Danforth said. "How did the fire start? Were there shootings?"

He said his inquiry would include whether false statements were made to Congress and the Justice Department.

Danforth, who said he has authority to question both Reno and Freeh, will hold the title special counsel and is empowered to use a federal grand jury for his investigation. He said he hoped to get voluntary cooperation for what will start as an administrative, not a criminal, inquiry.

Reno said Danforth also will investigate whether there "was any illegal use of the armed forces" in the final assault. Members of the Pentagon's Delta Force commandos were at Waco the day of the assault.

Freeh, who spoke with Danforth briefly this week, said in a statement that he welcomed the selection, and Reno called Danforth "a man of impeccable credentials."

As the former senator made a round of courtesy calls on Capitol Hill, congressional leaders said they envision Congress' own Waco investigations will be more wide-ranging than Danforth's.

"I want to know it all," said House Majority Leader Dick Armey (R-Texas.)

Reno said she had no plans to resign, despite calls from some Republicans to do so. "I don't run from controversy," she said, removing herself entirely from the Waco matter from now on.

"I will obviously be a witness" in the investigation, Reno explained. With that, Deputy Attorney General Eric Holder would be the top person Danforth consults at Justice.

Reno has said that before the April 19, 1993, FBI assault on the Branch Davidian compound, she directed that only non-incendiary tear gas be used, to avoid the possibility of triggering a fire that might endanger lives.

She has been under renewed criticism since revelations that the FBI, contradicting a position it had taken for six years, had used some incendiary devices on the last day of the 51-day standoff, which ended in a fire and the deaths of David Koresh and about 80 followers. Reno and the FBI maintain that the devices did not cause the deadly fire, which they insist was set by the cult members.

Senate Judiciary Committee chairman Orrin Hatch, R-Utah, said Congress should not defer to the executive branch in delving into Waco because "after all, Congress was misled by the executive branch."

"I would hope that they would do it in the broadest possible way," Senate Majority Leader Trent Lott (R-Miss.) said of the investigation.

Among the questions Danforth said he would leave for Congress: whether it was a good idea for the FBI to have assaulted the compound on the final day and for the Bureau of Alcohol, Tobacco and Firearms to have raided it three months earlier, beginning the siege.

Danforth chose as his deputy the U.S. attorney in St. Louis, Edward Dowd, a Clinton appointee who is joining the St. Louis law firm where Danforth is a partner. A lifelong Democrat, Dowd was recommended for the U.S. attorney's job by House Minority Leader Dick Gephardt (D-Mo.) Dowd's father was the Democratic nominee for Missouri governor in 1972.

Danforth said the investigative legwork in his inquiry would be done by private investigators "to the maximum extent" possible and by "some government investigators" from agencies other than the FBI.

"I don't believe the FBI should be investigating the FBI," said Danforth.

He added that "I can't say that under no circumstances would I call on any help at all from the FBI, because I don't know how the course of this will proceed."

Danforth will remain at his law firm in St. Louis but probably will open an office in Washington. Dowd will be full time on the probe, and Danforth will devote most of his time to it.

Danforth said some family members and friends advised him not to take the job, with one telling him it would not be a good career move.

"But, hey, I'm 63" and "at this point in your life. ..." Danforth joked with reporters. He said the gravity of the questions surrounding Waco compelled him to take the job.

Danforth said he wants to present as many of the facts as he can to the American people - a goal that could be difficult if his inquiry turns into a criminal investigation and he starts using a grand jury to question witnesses under oath. Grand jury testimony is secret.

09-10-99

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