Why WACO! "LET JUSTICE FINALLY BE DONE"
Wednesday, 14-Feb-01 14:22:38

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Why WACO! "LET JUSTICE FINALLY BE DONE"

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 tale. 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. (This was an e-mail, sent and re-sent, then
reformatted because of short lines, etc.)
From: don wishart

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" coverup 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 an
International 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
crimes, 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.
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A SUGGESTED MODEL for an INFORMATION pursuant to Rule 7, Fed.
Rules of Crim. Procedure suitable for institution of
CRIMINAL PROSECUTION
for violation of crimes presented herein
AND A REQUEST TO APPEAR BEFORE THE GRAND JURY TO
PRESENT THE FOLLOWING FACTS AND POINTS OF LAW
Persuant to Title 18 USC, Fed. Rules of Crim. Procedure, Section 1504
or in the alternative, for procecution for War Crimes before an
INTERNATIONAL TRIBUNAL
http://www.apfn.org/pdf/genocide1.pdf    (5 pages)

DO NOT GO ANY FUTHER UNTIL YOU HAVE READ THE ABOVE FIVE PAGES!

International Covenant on Civil and Political Rights
http://www.apfn.org/pdf/genocide2.pdf    (20 pages)

Universal Declaration of Human Rights
http://www.apfn.org/pdf/genocide3.pdf    (7 pages)

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CLASS ACTION SUIT
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