Why WACO!

"LET JUSTICE FINALLY BE DONE"

        1230waco.jpg (11851 bytes)     



-------- Original Message --------
Subject: email for Kenneth L. Vardon - please forward
Date: Wed, 14 Feb 2001 04:58:40
From: "don wishart" dew10@hotmail.com
To: apfn@apfn.org

Thank you for your encouraging reply.  Now my sad tail.  I wrote my work
LAST February and now I can't find it anywhere amongst my email stuff OR in
my documents on ---  I just remembered another little laptop I was using
back then.  I found it.  Now I will see if I can copy it to this email, but
it will loose the formating.  I can fax you a nice copy, or perhaps send an
attachment, if you would like, after you review it.  Just let me know.  I
had it copyrighted, but I will delete that.  Use it as you like.


Subject:  Waco, Genocide at Title 18 USC, Life/$1,000,000 each, see section
15, et seq, hereinbelow.

From: don wishart dew10@HOTMAIL.COM

My findings and conclusions re: Waco, are herewith submitted for
consideration and review by any interested party.

A SUGGESTED MODEL and COMPLAINT, for an INFORMATION
pursuant to Rule 7, Fed. Rules of Crim. Procedure
suitable for institution of

CRIMINAL PROSECUTION
for commission of crimes presented herein
AND A REQUEST TO APPEAR BEFORE THE GRAND JURY TO
PRESENT THE FOLLOWING FACTS AND POINTS OF LAW
Pursuant to Title 18 USC, Fed. Rules of Crim. Procedure,
Section 1504 or in the alternative, for prosecution for
War Crimes before an:

INTERNATIONAL TRIBUNAL, or THE INTERNATIONAL COURT, the HAGUE
OR FOR IMPEACHMENT PROCEEDINGS BEFORE CONGRESS

An ongoing concern with the "possible" cover-up of the act of Genocide, as defined/described at Title 18 USC,  Fed. Rules of Crim. Procedure, Section 1091, committed at Waco, Texas, perpetrated against the Branch Davidian Religious Group, lead to making the following allegations of violation of  laws, and request is hereby made, pursuant to Title 18 USC, and  "Parry and Grant, Encyclopaedic Dictionary of International Law", and "Black's Law Dictionary, 5th Edition," that an indictment be issued against all  party/participants, known and unknown, to the said incident, including making plans for and executing said acts, and their subsequent obfuscation, including  before, during, and after the incineration of said compound.


Further, it is demanded that said indictment reference violations of said Title at Sections: 4, 113, 241, 245 (b)(2), 247 (essentially all), 1001, 1512 (a), (b)(2)(A), 1621, 2111, 2234, 2236, 3509 (a) (2,3,4,5,12), 3521 (b)(1) (if it can be construed that said child could be a witness to alleged acts against said child by  David Koresch or his followers, a possible allegation of the US Government at Washington D.C.), Title 42, Section 1982, et seq, International Crimes Against Peace, The Law of Nations, Crimes against Humanity, against the unalienable Rights of Man as Principles of the Laws of Nature, and Nature's God, inclusive, but not limited thereto.

1.  In view of the undeniable reality of the presence and active involvement of US Military forces and equipment at Waco, and their use against American civilians, it must be concluded that the action engaged in falls under the category described in Black's Law Dictionary, 5th Edition, under the main heading "War" and it's subhead, "Laws of war. This term denotes a branch of public international law and comprises the body of rules and principles observed by civilized nations for the...conduct of a public war; such...as blockades...[etc.]...Mixed war.  A mixed war is one which is made on one side by public authority, and on the other by mere private citizens." It would seem that the "engagement" of forces aligned against each other at Waco, and other isolated sites and instances in the Country of America, would constitute "Mixed War."

2. It is alleged that at least two "Mixed Wars" have been declared against certain elements of the American People in that the President and his Government, the United States Government of Washington, D.C., have openly, publicly, and proudly, proclaimed a "War on Drugs" and a "War on Crime"

3.  It is alleged that under the guise of Government "Right," or the "Doctrine of Necessity," these "proclaimed mixed wars" have been and are continuously being used to justify and implement the known right of war, under the well known heading of "prize and booty" to seize hundreds of millions if not billions of dollars worth of property of American civilians, without observance of Constitutional Guarantees, which can only be accomplished during war under the Maxim "Silent Legis Inter Alia."

4.  In view of anticipated acquiescence to the truth of the above statements, it can be stated with certitude that the Government would perceive a "right," on the basis of its allegation that the Branch Davidians had "illegal" weaponry, to launch an attack on that "home" of some 80
people, as a sortie in the DECLARED War on Crime.  But by Governmental entities that are without legislative or delegated authority to do so? The BATF, FBI, and other non-Constitutional, non-legislatively created entities, which only have authority to "police" within the "Governmental Agencies which created them," have simply appropriated their authority and thus the individual participants are without immunity for their acts as no authority is found in the Constitution and the "lacking" legislative enactments for their existence.  Thus they are without authorization to move against the citizenry and/or in general in an aggressive act of War or open conflict, especially while employing military weapons, some of which will be shown to be in open violation of the Laws of War, which civilized nations are bound by treaty to observe.  It is uncertain, therefore, if the Government of the United States considers itself to be a barbarous Nation, or just feels it is above all Humane Law.

5.  It  is true that Mao's Communist/Socialist/totalitarian government ignored the Constitution of China which was very similar to our own when he murdered people in China using his military forces against civilians. Thereis no conceivable difference between Mao's or Deng's acts and those of the U.S. Government of Washington D.C. in its wanton attack on the Branch Davidian Compound in Waco, Texas.

6.  The Battle of Kosovo was, according to (as supported and exacerbated by) Clinton and his U.S. Government, being fought over the alleged abuse of the Civil Rights of a smaller group of people who were being abused by their own neighbors and inhabitants of the same "turf." This comports with the Branch Davidians vs the US Government, but on a scale grossly more one-sided, with no one stepping in to protect or assist the Branch Davidians. In fact, the inequities of the roles of the U.S. Government in the two "projects" should stand as evidence and substantiation of the premeditated character of the acts by the U.S. Government against a miniscule organization such as the Branch Davidians.  They were hurting no one.  Only the egos of certain elite in the U.S. Government.

7.  At the end of the Second World War, an International Tribunal was created and a new concept of Justice was inaugurated whereby the perceived and alleged "war criminals" were placed on trial, and confronted by evidence, not by their own countrymen, but by an impartial Judicial Body.8.  One of the infamous "crimes" of the Second World War was the inhumane act perpetrated by the German Military at the Warsaw Ghetto against the Jews, where those resisting were in the cellars of various buildings and the Germans dumped gasoline into the cellars and then ignited it.  This was perceived by the World, including America, as a barbarous and inhumane act and loudly condemned.

9.  The State of California, has a law in the California Civil Code, at Section 50 that states a universal principle: "Force, right to use  Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of a wife, husband, child, parent, or other
relative, or member of one's family, or of a ward, servant, master or guest. Enacted 1872." This is an embodiment of the  "Rights of Man" that no other man has a right to deny, unless with a proper warrant, signed by a proper Judge, together with an "Affidavit of Probable Cause" which was not in the possession of any person of alleged authority who confronted the Branch Davidians at the confrontation when shots were first fired, REGARDLESS OF WHO FIRED THEM.  The Branch Davidians HAD AN UNALIENABLE RIGHT to defend their home, unless confronted with a proper search warrant in the hands of AUTHORIZED police, supra.  That was never presented, if indeed it ever existed and the confronting entities had NO AUTHORITY to be there..Therefore, the argument that the Branch Davidians fired the first shot IS MOOT.  This is also supported by "The Castle Doctrine" as found in Black's.

10.  At the close of the Second World War, an International Tribunal embarked on massive discovery and made an attempt first to unearth the evidence, and then, in order to insure a "fair and impartial trial" commenced with a series of trials under a new body of law utilizing the Law
of Nations, and the Laws of Nature, and Nature's God, because there was no other law with which to try a Government which was the perpetrator of massive inhumane crimes and acts.  That problem exists here, since it is the Government that wantonly killed the Branch Davidians, in open defiance of first, the Constitution and the protections guaranteed thereby, of Due Process, of Equal Protection under the Law, and of its own body of Criminal Law, blatantly violated with impunity due to the reluctance of the U.S. Government to prosecute itself, which is the same reason that anInternational Tribunal prosecuted the War Crimes after the conclusion of the Second World War.

11.  It was deemed that the Germans were not the proper persons to judge the actions of "Fellow Germans," (the same in Japan) because the concept was inaugurated that the crimes that had been committed were "crimes against humanity and peace" even though the Laws of Germany were written that allowed many of the acts that were done against "fellow human beings."  But these laws were morally wrong, as were the German courts which passed sentence based upon them thus giving authorization to act in violation of the Law of Nations, the Laws of Nature and Natures God, and against Peace, and against humanity and human dignity, to the perpetrators. This elevated the crimes to a new level never before adjudicated in a "war crimes" trial, and in actuality, these were the first War Crimes Trials in the history of jurisprudence.  It was determined that there was a higher law than the Law of Germany.  Actually, as we will see, the law exists for prosecution of the inhumane acts perpetrated at Waco, but there is no one to prosecute them within the Government of the United States at Washington D.C. since they are the authors of the acts, just as was the Government of Germany, supra.  (Perhaps IMPEACHMENT is appropriate?)

12.  The highest prosecutorial officer of the United States, the General of Attorneys, stated publicly that the person holding that Office would accept all responsibility for the offenses committed at Waco. There is  written law that was broken by the acts perpetrated at Waco.  It is proposed, that person is, prima facie, by open confession, guilty of violation of any and all laws pertinent.  Further, said offer, to bare all the "guilt" is an unfulfilled contract (if indeed a contract could be made to eradicate the debt due society for such heinous crimes as we will see have been committed by the body of offenders), as there was/is no consideration, nor was it accepted by the conspirators and accomplices.

13.  It is patently illogical to entrust an investigation and trial of the Officers of the Government of the United States to its Courts and the US Attorneys.  Nor should an investigation be conducted by a Senate which has twiddled its thumbs for six years, which is tantamount to dereliction of duty (thus, they are all in violation of Title 18, Section 4, Misprison of Felony), and a crime of negligence in most venues and jurisdictions, and which Senate has never mounted a meaningful investigation by disinterested parties. It cannot be disinterested, anymore than the German people could be expected to try their "own" at the conclusion of their War.   There cannot be "disinterested others" as all investigative "others" were parties to this "war."  The perpetrators and co-conspiritors who covered up the heinous crime, of whom it must be alleged, have filthy hands (that's beyond the recognized Doctrine of "clean/unclean hands") have blatantly demonstrated BAD FAITH, with overtones of "Obstruction of Justice" and MURDER, since all acts were intentional, premeditated, and carried out with intent, malice, and scienter!

14.  There are effective laws among the Statutes of the United States that govern such heinous acts perpetrated by Officers and employees of the United States.  It seems our Founding Fathers could not conceive that such a crime would be committed in this Country, except that they wrote a Second Amendment just in case. Typically, no Country's Government will write laws to punish such outlawry perpetrated by it's primary officers.  This problem was realized relative to the Crimes of the Second World War, and thus a new body of law had to be conceived, defined, and written. Fortunately, there exists that same body of law to try the Officers of this Country who have violated their Supreme Oath and Trust, as the sworn Defenders and Protagonists of the Constitution and our Body of Law, written pursuant thereto.  Thus, since the "Government" is "Co-conspirator" in the instant crime, and it cannot try it's constituent parts without more mockery of Justice, it would seem  this responsibility must fall to an outside,
disinterested party such as the World Court, or the United Nations.

15.  There are at minimum two Statutes of the United States Codes  that are applicable to the instant situation.  The first is found at Title 18 USC, Section 4, Misprison of Felony.  Next, and much more importantly,  the second is found at the same Title, Section 1091,"Genocide. (a) Basic offense.-Whoever, whether in time of peace [NOTE] or in time of war, in a circumstance described in subsection (d) and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such-(1) kills members of that group (2) causes serious bodily injury to members of that group; (3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, orsimilar techniques; (4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part; (5)  imposes measures intended to prevent births within the group; or  (6) transfers by force children of the group to another group; or attempts to do so, shall be punished as provided in subsection (b).  (b) Punishment for basic offense,.-the punishment for an offense under subsection (a) is- (1) in the case of an offense under subsection (a)(1) a fine of not more than $1,000,000 and imprisonment for life; and (2) a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.  (c) Incitement offense.-Whoever in a circumstance described in subsection (d) directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.  (d) Required circumstance for offenses.-The circumstance referred to in subsections (a) and (c) is that-(1) the offense is committed within the United  States; or (2) the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act.(e) Nonapplicability of certain limitations.-Notwithstanding section 3282 of this title, in the case of an offense under subsection (a)(1), an indictment may be found, or information instituted, at any time without limitation."

That says, THERE IS NO STATUTE OF LIMITATIONS on the CRIMES OF GENOCIDE. It is recalled that the emotional ABUSE heaped upon the poor people at Waco, WHICH PRECEDED their murder is enough to INDICT EVERY PERSON THERE, WHO WAS THERE IN ANY CAPACITY.  And then there are those who devised, oversaw, orchestrated, gave the orders from a distance, and were KNOWLEDGEABLE OF WHAT WAS GOING ON.  Accessories to, and after the FACT. Co-conspiritors to commit murder.  Violation of Title 18. Section 4, Misprison of Felony, etc., etc., etc.  It would seem that even everyone who has remained silent is implicated under Title 18, Section 4, of Crimes, and Obstruction of Justice.

16.  International Law has this to say about the acts committed at Waco. In "Parry and Grant, Encyclopaedic Dictionary of International Law" at page 80, the definition of "crimes against humanity  The  Charter of the International Military Tribunal for the trial of the major war criminals of the European Axis.

[the] 'Crimes against humanity' namely, murder, extermination, enslavement,.and other inhumane acts committed against any civilian population, before or during the war or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated."And at page 81 "crimes against peace  This was the first category of  'crimes coming within the jurisdiction of the Tribunal'.The category was stated to consist in namely: planning, preparation, initiation or waging of a war of aggression,."   It is only fair to call this a small war with participation by US Military and Paramilitary Forces, in a cooperative and concerted effort to eradicate the Chrstian Community at Waco by an Elite group in the Government of the United States, Washington D.C., (with obfuscation and obstruction of justice as their final act.)  THIS IS THE EMBODYMENT of, and blatant PERPETRATION OF GENOCIDE, supra.

17.  Continuing at page 110, "enemy, enemy character  The term 'enemy,' connoting an adversary in war, is so far a term of international law that it is employed incidentally  in the UN Charter.  It applies principally to a State.  But.in municipal law in regard to deprivation of liberty.enemy character is ascribed also to individuals,." So it holds that, by the terms of International Law, under the guiding hand of the United Nations, Waco was indeed a WAR, albeit, on a small scale.

18.  The rules of WAR, according to the standards of the Geneva Convention and the United Nations, DO NOT allow GENOCIDE.  Neither allow an attack against civilians, especially women and children.  At page 307, supra, neither allow the use of "[A]sphyxiating, poisonous or other gases and all analogous liquids, materials or devices;  weapons [re:] prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have INDISCRIMINATE effects.  [Such as the gas, explosive devices, and incendiary devices that were used to kill the women and children in the bunker.]   The modern instruments bind the parties not to use the prohibited weapons against any adversary in any conflict. The prohibition at least on the use of gas is probably a rule of customary international law:.  -prohibition on certain uses and types of incendiary weapons:.  prohibitions or restricting on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects."

(Against the women and children, whom the GOVERNMENT Agents apparently KNEW  were in there!)

19.  One more category is found at page 398, "Torture, The convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly.defines torture as 'any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person, to.intimidate or coerce; or for any reason based on discrimination of any kind;  when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person acting in an official capacity."
That is patently clear.  The electricity and water were cut off.  Terrible noise was blasted, day and night, at the "home" with the children and women in it. Helicopters made repeated low-level fly-overs.  Thus, by definition, many kinds of torture were instigated against those inside, with INTENT and MALICE, to inflict TORTURE on them.  This IS A VIOLATION OF INTERNATIONAL LAW. [It could also be an indication of a degraded, degenerate, sick personality on the part of the perpetrators.  And so IT IS with any police who participate in THE INCREASING INCIDENTS of bestial treatment of their victims.  The Maxim of Law states, "NO MAN IS ABOVE THE LAW."  Let the retribution begin to fall on all who participate in bestial and inhumane treatment of the men and woman of this land which is in violation of  INTERNATIONAL LAW.  Or who are responsible for the separation of a child from his/her natural parent without absolute proof of probable cause.  And that must take into consideration religious beliefs as NOT BEING A REASON to separate a child from a parent, supra.]

20.   DEMAND is herewith made, that the US Government, the States, the Counties, the Cities, Municipalities, END POLICE TERROR TACTICS against the men and women and children of this Nation.  Any police, paramilitary, or military types who hold hostage the men women, AND CHILDREN in their homes,who attack at night as hooded NINJAS (which is a blatant violation of "Title 18 USC, Section 241 - [being] in disguise," thus unidentifiable, and "injure, oppress, threaten, or intimidate any inhabitant of any State.or.go in disguise.shall be fined not more than $10,000 or imprisoned not more than 10 years, or both;.") and who kill "accidentally" and often on unfounded and unsubstantiated information, entering without an affidavit of probable cause, SIGNED under PENALTY of  PERJURY, and then held civilly and criminally accountable for error!!  Acting without this is a blatant crime in and of itself.  It is a calculated act of WAR, and also are "Crimes against humanity" as presented at item 16, supra.  This is to be a Nation of   Order, Law, Dignity, and Respect of each and every man and woman that live in this land of America, where RAPE and PILLAGE  by an ARMED BAND who take inhumane pride in flaunting their JACK-BOOTED authority, which attacks are only by might of arms and not of Law, are unmitigated acts of ANARCHISTS, in OPEN DEFIANCE of the LAW.  These are further acts of aggression by a GOVERNMENT that is now WAGING WAR, as defined, supra, against its people. It is time to return to the Laws of the Founders and Forefathers,  to the Law of  Nature, and Nature's God, and of respect for ALL men, women, and  children who live in this land.  There is a problem if it is Government's intent to kill or imprison everyone who asks a question of Government, or is arrested for violation of a "victimless crime" type law created by attorneys to simply generate revenue for themselves and an increasingly oppressive Government.  God help us if all that is wanted is "yes-men" and slaves. That is what this Country's citizenry has sacrificed its best men and women to PREVENT. This IS THE LAND OF THE FREE AND THE HOME OF THE BRAVE.  God helping us  all, SO IT SHALL BECOME AGAIN.

        That said, I, Donald Wishart, DMD, herewith accuse All Parties, known and unknown, the Officers/Heads of constituent parts of the Government of the United States, all primary Officers who are determined to be Instigators, Planners, CONSPIRITORS, and/or PARTICIPANTS, BEFORE, DURING, and AFTER the ATTACK on WACO, of GENOCIDE, TREASON AGAINST the CONSTITUTION of the UNITED STATES of AMERICA, TREASON AGAINST the LAWS of NATURE and NATURES GOD, and VIOLATIONS of INTERNATIONAL LAW, AND OBSTRUCTION OF JUSTICE, and HEREWITH DEMAND Trial by Impeachment before Congress Assembled (unless it is determined they have "UNCLEAN HANDS") of ALL Officers and employees, named and unnamed, known and unknown, of The United States, and any and all participants, WHO are determined to be planners, instigators, and conspirators or in any way involved in SAID ACTS, supra, but not limited thereto, and REDRESS for ALL VICTIMS of SAID VIOLATIONS, SAID REDRESS to be DETERMINED BEFORE THE CONGRESS of the UNITED STATES of AMERICA by IMPEACHMENT PROCEEDINGS, or by Courts of Competent Jurisdiction, or BY an INTERNATIONAL TRIBUNAL of COMPETENT JURISDICTION with AUTHORITY to PUNISH the PERPETRATORS of AT LEAST the SAID CRIMES LISTED, SUPRA, BUT NOT LIMITED THERETO.  All else failing, by the Joint Chiefs of Staff of the Military Forces of the United States of America.   LET JUSTICE FINALLY BE DONE, FOR NO MAN IS ABOVE THE LAW, and it has been VIOLENTLY VIOLATED [with scienter?].

BY: Donald Ernest: Wishart, DMD, Feb. 29, 2000, Permission granted to use,
forward, and publish as I have been [vindictively?] indicted and soon will
stand trial. dew10@hotmail.com

Your comments are welcome & desired!

------------------------------------------------------------------------------

flash.gif (1759 bytes)There are NO Statutes of Limitations on the Crimes of Genocide!
http://www.apfn.org/apfn/genocide.htm
Bring The Waco Murders To Justice!   
CLASS ACTION SUIT
http://www.apfn.org/apfn/CAS.htm

Why Waco? + Who Waco!
http://www.apfn.org/apfn/wacopg.htm

=========================================================================
Subject:  Re: WACO: THE COURT OF PUBLIC OINION #001
   Date:  Tue, 17 Oct 2000 22:20:14 -0700
   From:  "joann" joalaska@ptialaska.net
     To:   apfn@apfn.org

Re: WACO: THE COURT OF PUBLIC OPINION #001

....sorry! It was MEANT facetiously! Of course, those who have spent time researching this will find evidence such as you present. I'm 100% SURE you are correct.  New evidence keeps being uncovered. It's just that it makes people feel so helpless, knowing that these people were MURDERED... by OUR GOVERNMENT... and nothing can be done. It make me absolutely SICK to think of this WACO fiasco. It NEVER SHOULD HAVE HAPPENED!!!!

They could have easily waited them out, or made a better attempt to end that in a better way. It seems so horrible... that those who created this tragic event, not only got off scott free... they were PROMOTED and given AWARDS ! THAT keeps a fire of indignation  burning in those of us who feel the government was in the wrong here.

When I think of that fire...when I see in my memory how it started and how it grew worse and worse... knowing those people were being burned alive...and I feel it all over again. ANGER, SICKNESS, HORROR, HELPLESSNESS. Ever since that day I have hoped that SOMEONE would be brought to justice. No one has. Now I must console my anger by knowing that GOD will hold them responsible and VENGENCE will be His. But I was HOPING to see them punished before then. I'm not a very patient person.

Please....it is not YOU... it is the total disregard of the lives of the Branch Davidians ( no matter that they may have been considered kooks by some) , and to EACH OF US, who might be the next victims of this government gone mad.
WITHOUT JUSTICE, THERE IS JUST_US!
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