Waco Twofer: Pyrotechnic Tear Gas and Delta Force
After years of denial, the FBI has admitted to using pyrotechnic (or
"incendiary") tear gas in the 1993 Federal assault on the Branch Davidian
compound in Waco, Texas. What is pyrotechnic tear gas and why is it
controversial?
Tear gas is a basic tool of law enforcement. It causes extreme, disabling,
but usually temporary discomfort, and therefore is considered a humane
alternative to using guns. There are three common ways to disperse tear gas.
Aerosol hoses work like an insecticide spray. They cause the least
amount of physical damage, but can only be used up close. Powder
grenades can be thrown from a distance and send up a mist of powder.
Pyrotechnic devices also launch tear gas from afar, in combination with
a heat source. The result is an explosion, releasing a cloud of tear gas
particles mixed with smoke. Pyrotechnic tear gas has tactical advantages.
First, the smoke cloud obscures the movement of agents as they approach a
building or crowd. Second, because the metal casing becomes quite hot, it is
difficult for the device to be thrown back at police (a common problem with
powder grenades). The disadvantage is that it can start a fire. The FBI
insists, however, that the timing and location make it impossible to blame
pyrotechnic tear gas for the fire that killed 76 people at Waco.
A former CIA officer told the Dallas Morning News that members of the
Army's Delta Force were present at the Waco standoff. Military documents
confirmed that three commandos observed the siege on the Branch Davidian
compound. The Pentagon stated that it could not discuss any aspect of the Delta
Force--including whether it exists. What is the Delta Force?
The Delta Force is a counterterrorism group established in 1977 by the
Carter administration following some particularly bloody attacks on Americans
abroad. The thinking was that a small, secret, specially trained cadre of
soldiers would be able to respond more effectively to terrorist threats,
particularly those involving hostages. However, Delta did not stay secret for
long. In their best-known operation, Delta troops assisted in the failed
attempt to free American hostages from Iran in 1980. The Delta Force, one of
the Army's Special Operations units, is based in a remote part of Ft. Bragg,
N.C., and is estimated to be as large as 2,500 troops. Delta commandos are
known to have participated in U.S. military action in Grenada, Panama, Iraq,
and Somalia.
Use of the Delta Force at Waco is controversial because of the 1878 Posse
Comitatus Act, which makes it illegal to use federal troops to enforce laws
within U.S. territory, except when a presidential waiver is granted. For years,
this resulted in a strict division between the military and civilian law
enforcement. But the restrictions were amended in the 1980s to allow military
involvement in the drug war. The Army may train law enforcement officials and
lend them equipment for use in drug raids. But military troops are still
forbidden to be directly involved in searches, seizures, and arrests--even
those related to drug crimes.
Because rumors of a Branch Davidian drug lab were floated at Waco (they
later turned out to be false), use of Delta Force troops as advisers in the
raid may be legally justifiable. In fact, it is already public record that
other parts of the military assisted in planning the raid and providing
equipment. But the level of Delta Force participation remains unknown. If Delta
commandos are found to have played an active role in the raid, their
participation may have crossed the line.
Next question?
The Explainer wishes to thank the Organization for the Prohibition of
Chemical Weapons, Mike Krawczyk of International Safety Protection Inc., and
Terry Grisold and D.M. Giangreco, authors of Delta: America's Elite
Counterterrorist Force .