Revisiting Bill Clinton's Waco

Since Bill Clinton stepped back into the fray this week, Volokh has stepped back to review some of the Clinton Administration decisions at Waco, specifically its use of CS gas that the FBI knew would seriously harm or kill the children.

An independent report on Waco written by the Harvard Professor of Law and Psychiatry, Alan A. Stone, for the then Deputy Attorney General Philip Heymann, says it “is difficult to believe that the US government would deliberately plan to expose twenty-five children, most of them infants and toddlers, to CS gas for forty-eight hours”. Unfortunately, however, that appears to have been exactly the plan.

...I was shocked to read in Stone’s report that the Justice Department had undertaken, and had defended in the press as such, activities which if conducted in wartime would constitute war crimes. Because exposing the children to CS gas was the point of the FBI exercise: no children exposed, no pressure.