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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