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00:00:00It's a very complex case. It's not open and shut.
00:00:02I swore an oath on the Constitution to protect the Constitution of the United States at the risk of my
00:00:10own life.
00:00:10They tell you how to use a gun. They tell you when you cannot use a gun, the rules of
00:00:15deadly force.
00:00:16They never, ever tell you what's going to happen if you do.
00:00:29Welcome to Podforce One, and today we're joined by Chris Whitcomb, who is the author of a new book called
00:00:36Broken Plea, the explosive search for the truth behind the Idaho murders.
00:00:42He also is a former member of the FBI's hostage rescue team, involved in a couple of pretty controversial rescues
00:00:51and hostage situations.
00:00:52So we'll talk about that and lots more. Thanks for joining us, Chris.
00:00:58Hi, Miranda. Nice to meet you. Nice to join you.
00:01:01You too. And I always like meeting a former FBI agent, especially one like you, who was really in the
00:01:09thick of things,
00:01:10who has turned author and successful author.
00:01:14And I'm interested to know this book particularly grabbed my fancy.
00:01:19My agent actually pointed me to it and said it was, you know, explosive research that you've done.
00:01:29And it's an open and shut case, I thought.
00:01:32Brian Kohlberger was found guilty, took a guilty plea.
00:01:36Um, that's it. He's, he's in jail for the rest of his life.
00:01:41Why did you start thinking that there was something odd about it?
00:01:46Uh, I agree with you. I thought it was an open and shut case.
00:01:49I knew almost nothing about this case until shortly before the trial and then really learned most about this case
00:01:56after the plea agreement.
00:01:57I thought the same thing. Working in law enforcement as I had, I looked at the evidence that I saw.
00:02:04I listened to the judge. Everything seemed completely normal. I really didn't pay any attention.
00:02:10Uh, he pled guilty and then everything changed.
00:02:13Friends of mine in law enforcement who had access to various parts of the information reached out to me to
00:02:18try and explain how,
00:02:20how, when Brian Kohlberger pled guilty, many, many things people wanted to know about the case went away.
00:02:26He's going to prison. He did not allocute or did not explain anything at the change of plea hearing.
00:02:32And when that happened, we lost all hope of knowing about his motive, his means, uh, the mechanism of the
00:02:38crimes,
00:02:39the location, or even a description of the murder weapons.
00:02:42And, uh, now almost a year ago, I think those things are very compelling.
00:02:47It's a very complex case. It's not open and shut.
00:02:49No, I think we all thought it was rather peculiar that they just went straight to the plea deal because
00:02:55this was such a high profile case
00:02:57because the parents of those young victims wanted to get some closure in court.
00:03:04They wanted to know why did he do it?
00:03:07He never even said anything to the court about his motive.
00:03:11He just seemed to sit there smirking the whole time.
00:03:14Um, it was such a, you know, unfathomable case that this one man could go in to that multi-floor
00:03:24building
00:03:25and managed to kill five young people, including a young man, a strong young man.
00:03:33Uh, and they were all pretty active kids.
00:03:36Um, so, and he wasn't a muscle man.
00:03:39So how did that happen?
00:03:41You know, that's one of the first questions I asked, Marianne.
00:03:44It's a, it's a, a great question many people have asked ever since.
00:03:47All we know, and I, and I don't want to talk in legal terms, but we all stipulate unequivocally
00:03:53that Brian Koberger pled guilty to four counts of murder and one count of burglary,
00:03:58that he accepted life in prison without the possibility of parole and waived a lot of his appeals.
00:04:04So we all know that happened.
00:04:06The next question, as you just said, is how police in their own investigation and prosecution
00:04:12in the change of plea hearing, when they, uh, reviewed the evidence, uh, they placed the
00:04:19timeframe somewhere around five minutes, five minutes or less, uh, for various reasons.
00:04:24So you ask those questions.
00:04:26He went to into the house.
00:04:27He went to the third floor.
00:04:29He found two women in bed, committed two horrific murders, went downstairs, went to another part
00:04:34of the house, committed two more horrific murders, somehow got back to his car, drove
00:04:39his car around.
00:04:39And that's what we see in a one, one, one, two video as a white Hyundai Elantra speeds away.
00:04:45So the timeline, depending on what the prosecution says at any given time during the course of
00:04:51this is probably somewhere of less than five minutes, maybe less than four minutes.
00:04:55And that's, that's, uh, that's pretty hard to, it's pretty hard to understand.
00:05:00And I guess because there was no trial, there was never any opportunity for the defense really
00:05:07to say, well, this is implausible.
00:05:10Uh, and the prosecution was comfortable that they had their man.
00:05:14But I think the theory that you put forward, and I misspoke before it was for people.
00:05:20Of course, there was another, uh, girl in the, in the house who sort of opened her door
00:05:25and peeked out and heard some noise and went back to bed.
00:05:29Um, so it could have been worse.
00:05:32But, um, again, what, what is it that, um, that made people, made the prosecution so certain
00:05:42that there wasn't another person involved?
00:05:45And is that one of your theories?
00:05:49Um, great question.
00:05:50I, I, I know this is odd to say because it's a 430 page book.
00:05:54I spent six months researching it.
00:05:56I don't have a theory, to be honest with you.
00:05:58All I do is look and present things that I, as an investigator, both as an investigative
00:06:03journalist, and I've done, I've worked for NBC News, the New York Times, GQ magazine.
00:06:07Um, I've worked for various publications, um, not always as an investigative reporter, but
00:06:13I've, I've, you know, worked in major, um, uh, for companies, media companies.
00:06:21Um, I don't have any theories, but I present what would stand out that just doesn't make
00:06:27sense.
00:06:27And one of those things that just doesn't make sense to me, and that I talk about in
00:06:32the book is how one person could commit these crimes alone because the nature of the injuries
00:06:36and because of what the crime scenes tell us, the blood spatter, the evidence in different
00:06:41parts of the house.
00:06:42And two, um, how it's possible if one person did it, that he get out of the house without
00:06:48leaving every, almost any evidence behind and nothing outside the house.
00:06:53Nothing has ever been found outside that house, in Brian Koberger's car, in his apartment,
00:06:58anywhere when he went back to his parents' house in Pennsylvania.
00:07:00There are really, uh, compelling questions that I raised in the book.
00:07:05Um, but I don't, I don't have the answers.
00:07:07I asked the reader to look at these things and the reader to weigh the evidence and come
00:07:13up with conclusions.
00:07:15Do you think he's not guilty?
00:07:17No, I don't.
00:07:19And, and I mean this in all sincerity.
00:07:20I do not know if Brian Koberger's took the guilty plea, as many people do, he was facing
00:07:27the death penalty.
00:07:28The death penalty in Idaho at that time was the firing squad.
00:07:31Is it plausible because of all the preponderance of evidence and because Ann Taylor, he's a defense
00:07:36attorney, had lost in so many motions before Judge Hippler talking about the evidence?
00:07:42It may, it's, it's, it's possible.
00:07:45I'm not saying it's likely, I'm saying it's possible.
00:07:47But a person facing the firing squad might say, I'll take life in prison because the,
00:07:52the evidence is overwhelming.
00:07:54Um, it, and the other, of course, is that he did it.
00:07:57If he did it, why did he not allocute?
00:07:59Why did he not explain anything?
00:08:01And if he did take those secrets to a life in prison and to the grave, ultimately, what
00:08:07will we ever know about this case?
00:08:08To me, it seemed like, uh, we needed answers and I had an opportunity to offer some.
00:08:16Yes.
00:08:17And I, I think for the parents, you could tell, uh, they were so, they felt so cheated, uh,
00:08:23after that plea.
00:08:24Some of them didn't even know that it was coming.
00:08:26And I think that, you know, you, you felt that Kohlberger, this was his final exertion
00:08:34of power over the victims and their families who he's, he'd caused so much grief to keeping
00:08:40that secret to himself.
00:08:41You could almost see him smirking in court as he said nothing.
00:08:45Very much so.
00:08:46He's a very odd guy.
00:08:47Uh, there was one motion in Lemony that his, uh, his, uh, defense attorney, Ann Taylor filed,
00:08:53uh, asking the judge to, to mandate that the prosecution did not refer to him as a psychopath
00:08:59in trial.
00:09:00So the discussion of Brian Kohlberger's habits, his social interactions, his behaviors is widely
00:09:07talked about.
00:09:08It's widely discussed to the point where she felt she had to mandate that, you know, correct
00:09:13the language in front of a jury.
00:09:15There's no question.
00:09:16He's a very, very odd guy.
00:09:18Um, whether that odd behavior, uh, in any way suggests someone capable of these four
00:09:25horrific murders, you know, that, that's for the behavioralist to decide, to decide.
00:09:30And that's certainly a conversation.
00:09:32So I wanted to go through the evidence that you've uncovered, that you've erased questions
00:09:37about the, the one to me, that's the most telling or the most curious is that one of the
00:09:45victims had, uh, Ethan, uh, the young man had in his hands, some hair that did not test to
00:09:53be Brian Kohlberger's.
00:09:55So whose was it?
00:09:56Great question.
00:09:57Um, when Ethan died in bed, he had human hair and I know it was human because of lab tests
00:10:04we'll talk about in what appeared to be a close fist that had relaxed slightly.
00:10:08Uh, when he was taken to autopsy, the, the lab, the lab analysts took the hair, they tested
00:10:16it and they found it to be human hair.
00:10:18They found it to be about six inches in length and that it was dark blonde, light brown with
00:10:23reddish tint.
00:10:25Um, Brian Kohlberger's hair doesn't fit any of those characteristics.
00:10:28Is it possible that he just had hair in his hands somehow?
00:10:31Um, certainly anything's possible.
00:10:34What really stands out is that police found, um, and you can track it in photographs, his
00:10:39hand on the bed frame.
00:10:41And when he was taken away, there was a bloodstain and in that bloodstain on the bed was more of
00:10:49this hair that was fit the same characteristics.
00:10:52And that hair was never found until more than two years later when a defense expert went up
00:10:57to look at the evidence in preparation for trial and found that hair.
00:11:01It was never even taken as evidence, um, by authorities and tested at all ever to this
00:11:07day.
00:11:08I believe it hasn't been.
00:11:09And I, I believe that the prosecution and, uh, because this was after the trial, I believe
00:11:14it's not been tested though.
00:11:15I'm not certain of that.
00:11:16So does that description, the hair fit any of the other victims?
00:11:22No, certainly not as Anna.
00:11:25And so the, the next question would be, how did that hair, and it's a fairly significant
00:11:29quality of hair, uh, quantity.
00:11:31It's not four or five strands.
00:11:33It's very visible with the human eye in the bed.
00:11:36And there'd be DNA on the follicle.
00:11:38Well, that's the next question, Marie.
00:11:40That's a, that's the perfect question.
00:11:41DNA is such a big part of this case.
00:11:43It's such a big part of the case.
00:11:44We've tracked blood flow around the house.
00:11:46We've tracked, um, many, many, many components you would expect to find in a forensic analysis
00:11:52of a crime scene through DNA.
00:11:54In this case, it was not tested for DNA.
00:11:56That particular hair was not tested for DNA.
00:11:59And that's incredible.
00:12:00There are other, um, pieces of evidence you've questioned.
00:12:03Uh, the knife sheath is an important one.
00:12:07And you talk about a break in the chain of custody.
00:12:11Tell us about that.
00:12:12You know, it's a bit esoteric for some people.
00:12:14It's important for my line of work.
00:12:16When I was an FBI agent, let me explain that.
00:12:18When you find evidence at a crime scene, you have to take that evidence.
00:12:21You have to package that evidence.
00:12:22And the evidence moves from the crime scene to the police department, uh, through a, via
00:12:27car or whatever, to a laboratory.
00:12:28And the defense wants to prove that went from one place to another place continuously in
00:12:37a way that has been documented.
00:12:38So anybody that touched it, anybody that could possibly have contaminated it, that there's
00:12:43a track record for that.
00:12:45In this case, the evidence was found, this knife sheath was found on the third floor,
00:12:50variously in one of two places.
00:12:51It was placed in a bag and it went to the crime scene.
00:12:54It was, it had a barcode on the bottom, which the Moscow police department said was, um, a
00:12:59a tracking system, an electronic tracking system, the barcode.
00:13:02However, it was taken to the crime lab.
00:13:05And at some point, well after the evidence was taken, they went back and put two handwritten,
00:13:11uh, chain of custody forms on the bag.
00:13:15They suggest, and people would argue that, that, uh, that that's not the case, that the
00:13:21chain of custody would not have been an issue at trial.
00:13:25Many defense attorneys would disagree with that.
00:13:28In my own experience as an FBI agent prosecuting, uh, crimes, violent crimes.
00:13:34If I had presented a piece of evidence without a chain of custody, I would have, um, it would,
00:13:39it would not have been, um, acceptable.
00:13:43It would not have been acceptable.
00:13:44So that's one aspect is the chain of custody that would have been contested had there been
00:13:49a trial and again, there wasn't, why was it not contested by Ann Taylor before that?
00:13:54And I determined and talk about in the book, the fact that it was not found by her experts
00:13:59until just before the plea agreement.
00:14:01So one might argue, and this would be, Ann Taylor could only talk about this herself.
00:14:07One would suppose that she just didn't see it.
00:14:09She just, this was a mountain, a true mountain of information that she had to go through and
00:14:15deal with and investigate. And this would have been a very small thing that was not discovered
00:14:20until her team of experts found it very, very close to the trial date. And by that time,
00:14:27it, the, you know, we're almost at the change of plea.
00:14:31And Brian Kohlberger, um, himself, you mentioned that there was no DNA evidence,
00:14:38no blood in his car at his home where he lived with his parents. Um, he was a PhD in
00:14:46criminology.
00:14:48Uh, he, I guess, knew about how to commit the perfect murder. Um, he, he was wearing a mask,
00:14:56according to the, a witness in the house, the other young girl. Um, and I guess gloves and,
00:15:04you know, maybe disposed of his clothes. I mean, there is a way, isn't there to just disguise all
00:15:10DNA evidence? Um, great question. And I think it's really important to point out that what the
00:15:16prosecution said they found, uh, of his DNA on the KBAR and knife sheath was microscopic. You're
00:15:24talking about a small number of human cells and that's all it, that's all it takes. I mean,
00:15:28all you need is a, is a very, very small amount, but it was a very small amount that wasn't
00:15:32really
00:15:32identifiable, uh, visible to the human eye. Okay. So we're talking about traces, tiny, tiny
00:15:37microscopic traces of DNA. The killer in this, in this case, Brian Koberger, uh, was, we know that
00:15:45he was soaked in blood because he tracked it around the house. That's unequivocal. Somehow that blood
00:15:51tracked around the house was found nowhere on the floors, uh, on the second floor of the house. There
00:15:56was a trace found later after the fact with, uh, I believe with luminol, one of the blood identify,
00:16:01uh, identification things. Um, but other than that, there was not. And then once he left through
00:16:06the kitchen through sliding glass doors, or that's what we believe based on witness statements,
00:16:11um, that he went out through the kitchen doors. One might ask the obvious question. If all of this
00:16:17happened in less than four minutes, uh, and this person is soaked in blood from these horrific crimes,
00:16:22how did he get out of the house without, he tracked it all over the house. How, once he left
00:16:28the house,
00:16:28was it not found anywhere outside? It wasn't found in the kitchen. It wasn't found on the doors. How
00:16:33do you open the doors? It wasn't found on the concrete outside or any place else. Then he ran to
00:16:37his car, jumped in his car. It's pretty difficult to understand how he could have taken off all his
00:16:42clothes, um, without any blood transfer whatsoever, gotten in his car naked, I would suppose, and driven
00:16:51away. Um, it's not surprising they found nothing in Pennsylvania. It is surprising they didn't find
00:16:56anything anywhere else, anywhere else. Well, I guess, I mean, there are really only two
00:17:00possible, three, I guess. Uh, one that, um, it wasn't him. Uh, two, that he, he was, he did plan
00:17:11and
00:17:12train for this, that he stripped his clothes off. He had something else underneath, put them into a bag,
00:17:18clean bag, tied it up, put the gloves in there, carried the bag to the car. Surely that would
00:17:26account for it. And then somehow disposed of that bag and it's never been found.
00:17:30Yes, absolutely. Very plausible. Uh, it comes down to when you look at the evidence and,
00:17:35and I do in great detail in this book, it's 430 page book. And I use, it's all based on,
00:17:40on documents. This, uh, this is not a story. This is a forensic examination of the crimes themselves
00:17:46based on what we now know. Which is great because nobody did it.
00:17:50Nobody did it. And I, and I've got to say this, you know, the title of this book is the
00:17:53explosive,
00:17:54uh, search for truth. And I, I didn't write that aspect of the title, but it has been.
00:18:00The problem is not the problem. One issue is that we have for the past three years talked about this
00:18:05case around the world. It's an international story. Everyone has an opinion. Everyone thinks they
00:18:10know what's going on. And all of a sudden when a book comes out like this, that presents evidence
00:18:14of specific things, it generates, uh, clamor. I mean, really it's, uh, uh, it's, it's a great deal
00:18:23to process for this reason. There are very few books published in the last 20 years that build
00:18:30a story based on documents. The other books about this case, and I know of at least three other books
00:18:35about this case were pretty much based on interviews. They were based on, uh, you know,
00:18:40look at the town, what people knew in the public domain. This isn't that kind of book. This book
00:18:44looks very specifically at law enforcement documents and things that happened along the way.
00:18:50And, and I think, uh, the discussion, the discussion that that generates, I hope my belief
00:19:01leads to truth beyond what we know now is the truth of Brian Koberger community committed these
00:19:06crimes alone. And he's, uh, it's all wrapped up. If that's the truth, fantastic. We all want that to
00:19:13be the truth. If the truth is, as one or more other killers out there running around, in my opinion,
00:19:18as a journalist and as a former law enforcement official and FBI agent, who would not want to
00:19:23know that? If, if who wants to say, Oh, we did a great job. We got half the killers. If
00:19:28that's the
00:19:29case, it doesn't make a lot of sense to me. I think those questions, this conversation you and I are
00:19:33having right now are important in the American justice system. I think we all are so involved in
00:19:39this case for the past three years. How do we just stop and say, okay, we don't care about
00:19:44motive. We don't care about means. We don't care about mechanism. We don't care where the murder
00:19:48weapons are. We don't care about what we don't know. If this, if this had gone to trial, this book
00:19:53would not exist. Nobody would have any interest. We'd know the answers to these when it did not go to
00:19:59trial. In my opinion, um, we could not let this be buried and go away. These questions are compelling.
00:20:06And I wanted to, I wanted to ask the question. No, I'm glad you've written this book because
00:20:12I always felt that it was abbreviated justice and the family certainly behaved like that. And I think
00:20:19for Madison and Kaylee and Zana and Ethan, that they deserve to have, you know, you know, we don't want
00:20:27to
00:20:27go into gory details, but they deserve to have what happened to them be imprinted on the consciousness
00:20:35of the nation so that we all understand that justice was done. Uh, Brian Kohlberger,
00:20:43there's so much evidence leading to him, the car, um, you know, and his writings.
00:20:49Sorry. The cell tower analysis. Yes. Yes. But as you say, there are a lot of mysterious
00:20:59gaps and, and on that, could it be that those gaps are just forensic mistakes?
00:21:07Um, I've got to say, I don't see a lot of forensic mistakes. I think the law enforcement investigation
00:21:14was comprehensive. It was, uh, extraordinarily well done for the most part, but there are always
00:21:21mistakes. But I think the viewers need to understand this in the criminal justice system,
00:21:26law enforcement does the investigation. They take all of the evidence gathered in the investigation
00:21:31and they hand it to the prosecution. In my case, the United States attorney's office and this
00:21:36assistant United States attorney, in this case, a local prosecutor who was,
00:21:39we all know it's Bill Thompson, right? Once the prosecutor, federal, state, or local gets the case,
00:21:45they shape it into what they can make a prosecution. So the police did this investigation. They gave it
00:21:51to the prosecutor. They indicted Brian Kohlberger. They arrested Brian Kohlberger and they were going
00:21:57to try Brian Kohlberger until he changes his plea. So there's a big break. What the police investigate,
00:22:02what the prosecution make of it and what a jury decides to do are all components of the American
00:22:09justice system. But each of them has their own problems along the way, right? So you have this,
00:22:14this case in particular, and I say, look, I have four kids of my own. I worked, I worked murder
00:22:20investigations, even though it's very unusual to have that in the federal system. I testified in court in
00:22:26a trial of a serial killer named Oscar Ray Baldwin, who was executed. And I don't think I've ever told
00:22:31anybody this before. And I was a victim in a, in a case where a man went to prison for
00:22:37assault with
00:22:37a deadly weapon. And I testified in that, in that trial also. So I have been on every side of
00:22:44this.
00:22:44Uh, and I've looked from a media side in, in my opinion, and it's just my opinion, the justice system
00:22:52requires inquiry. We're all potential jurors. We're all investigative in a certain sense. In this case,
00:23:00one of the most sensationalized cases, the whole world is look at this print journalists, uh, media
00:23:05from all different angles. Um, and, and when he pled guilty, that all went away. Nobody ever got those
00:23:12answers. And that's what I was trying to do here. Provide some. I think it's a service because when
00:23:17there's a vacuum of information as there is in this case, and in so many others, uh, conspiracy
00:23:23theories jump in or wild theories, you know, people's imaginations run riot. And, you know,
00:23:29with the preponderance of sort of true crime podcasts and true crime, uh, books and stories, um,
00:23:36that that's a business now to in sort of inflame those theories. And what you've done
00:23:41is just some very somber, sober, uh, uh, you know, clinical, and from your law enforcement
00:23:49background, look at the actual evidence. Um, I've got one more question about the evidence,
00:23:57but, and I want to go on to other things about your, um, career in the FBI, but I also
00:24:03something
00:24:04that comes from my Australian, uh, background. Um, I'm a dual national, so I understand both America
00:24:11and Australian system, but as a police reporter in Australia, there was a system there called a
00:24:18coronial inquest, which used to exist in America and still does exist in a couple of states, but
00:24:24it's really seen as a, an antiquated, obsolete vestige of sort of British law. But the, the beautiful
00:24:31thing about a coronial inquest is that it is an independent investigation of the facts of a murder.
00:24:39Um, and you have a judge and you have police coming in and, um, you know, everybody coming
00:24:48in with their evidence, families, witnesses, and so on. And the judge makes a determination of whether
00:24:55this should go to the prosecutors or whether this should be, it's sometimes they open up cases that
00:25:00have been closed, homicide cases, and then those cases get opened again and someone's found guilty.
00:25:07All it does really in the end is it's there to tell the public, this is a terrible murder. This
00:25:14is
00:25:14what happened. This is the preponderance of the evidence. It's all there for you to see. And then
00:25:20the criminal justice system can take over. What do you think of that idea, bringing that back? Because,
00:25:28you, you know, we do have these crazy, whether it be JFK, Charlie Kirk, you name it, um, big,
00:25:37high profile murders, Nancy Guthrie, et cetera. They just end and, and it's a mystery and no one ever
00:25:44explains what happened.
00:25:46First of all, I think that's a brilliant perspective. I agree wholeheartedly. And I
00:25:52say, look at what the cases that you've just brought up, Epstein suicide, Charlie Kirk, you
00:25:58look at Trump's first assassination attempt in Butler, Pennsylvania, you can go down a long list.
00:26:04When we move past those, they are sealed shut. And, uh, in the world, certainly America,
00:26:11but the world asks those questions. There is a difference between a criminal investigation
00:26:15leading to prosecution and an in-depth look at all of those facts. Like you talk about the inquest
00:26:22that you talk about, they are very different methods. It's very different when there's a time
00:26:27imposed on a, on a killer of four young human beings running around the community, the timeline,
00:26:33the political pressure, the media pressure, this pressure cooker that descended upon Moscow,
00:26:38Idaho to solve this crime expeditiously. There's a difference between that and going back after
00:26:43the fact, as I've attempted to do here and look at facts in ways that people have not seen them
00:26:50with the background and the experience, at least to, to know what to ask for questions.
00:26:55My biggest problem, um, with this whole thing is what I'm baffled at why people don't ask questions.
00:27:03And when they do, they, they're not the questions they should ask.
00:27:06If we could do this inquest, like you're talking about, um, I think it would be a huge move forward
00:27:13collectively as a culture, right? Where we could look at these questions in a measured,
00:27:19non-time sensitive, very logical procedural way and see what's missing because arrested,
00:27:27not arrested judgment. I don't mean that Brian Cobra pled guilty. I'm not disputing that,
00:27:31but in a, in a rush to protect the community because they didn't know they, they had a killer
00:27:36of four young people that could have been running around killing more people in the community.
00:27:39Look, they did a great job finding him. Yeah.
00:27:42It was, it was so, so compelling and, and so immediate. But now looking back,
00:27:50why is the culture as a, as a society, as a human beings, do we not want to go back
00:27:55and figure out some
00:27:55of these really, really perplexing, uh, questions? And, and that's what I've attempted to do here.
00:28:02No conclusions. I say you, Miranda, you, the reader, you, the viewer right now. Um,
00:28:08let's look to, let's look at this and see what we can find. Let's look at this and see what
00:28:12makes
00:28:12sense and what doesn't. Yeah. It's important. There was just one other piece of evidence that
00:28:17I forgot to ask you about, which was intriguing from the book, uh, that jumped out, which was that,
00:28:23uh, in the hallways, you mentioned that there was a lot of blood, um, and, uh, some of the blood
00:28:31the investigators found had been diluted with a foreign substance and you drew a conclusion from that.
00:28:39Well, I, I suppose I suggested a conclusion. I, I, I have no opinions, theories, whatever it,
00:28:44but, uh, you know, I think this one's hard to, hard not to discuss further. The crime scene within
00:28:50the bedroom on the third floor looked quite typical for something this horrific, what one
00:28:55might explore, you know, we've all watched the shows and the movies and everything. The bedroom
00:28:58on the second floor looked very much the same, the mechanism of the crime, the evidence of the crime,
00:29:03blood spatter, things like that. The space between from the third floor bedroom, down the stairs,
00:29:08across the living room, down the hallway into that bedroom looks very different. There is blood, uh,
00:29:13spatter all over the place, but the prosecution's own analyst determined that blood was quote unquote,
00:29:20quote unquote, diluted with an unknown substance, never identified. If that's the case, what diluted
00:29:26that blood? And we're talking about walls. We're talking about base forage. We're talking about
00:29:31floors. We're talking about a beer pong table. How did that get diluted? And why was it not the same
00:29:37in either of the two bedrooms? It looks, uh, and analyzed very, very differently. How did that happen?
00:29:43How long did it take to happen? And how does that fit within what we know of the rest of
00:29:47the house?
00:29:48And that is a big, big, big question. If you ask me.
00:29:52And do the photographs show that someone's tried to scrub it off?
00:29:56I wouldn't say the photographs show the photograph show that it is anomalous. There's no question about
00:30:02it. When blood, not to be too descriptive, but when blood is shed on a surface, on a flat surface,
00:30:08it has an impact, and then it drifts down because it has mass, gravity interacts on it,
00:30:13and it drifts down. When it does, it becomes less and less, you know, part of it is left on
00:30:17the wall,
00:30:18and it drifts until the, the gravity of what remains of that blood sample runs out of steam,
00:30:23essentially, right? But when it dries, you still have edges where, where it drip down the wall,
00:30:29and you still have a component at the end, what's left of the drop, which, uh, no longer is pulled
00:30:35by gravity, because the adhesion to the walls, you know, getting into the physics, but, um, it's
00:30:40pretty simple, and it's, it is the, it is the basis for forensic examination of a crime scene,
00:30:45and this is not a new science. I mean, people know what they're talking about, and they can find
00:30:51direction of stain, which way it goes. You can determine many, many, many things from it.
00:30:56What you don't have in this particular case, in those common areas, are the characteristics you
00:31:01would expect of blood spatter. So, if that's the case, why are they different? And if they are
00:31:07different, and you found out what, you know, that they were somehow diluted, or that they were washed
00:31:12off the walls, or whatever the case may be, the next question is, who did it, why, and when did
00:31:19they
00:31:19have time to do that in less than four minutes? They're compelling questions, and I, that's, that is
00:31:23a, a fairly important part of the book. Is it possible that it could have been, um, one of the
00:31:30investigators who prematurely cleaned it, or a, a, a, a roommate who was innocently cleaning
00:31:38it because they didn't realize what had happened? Um, you know, I think we can, we can...
00:31:43They had a big party the night before, and... Yeah, they had a big party Friday night. This
00:31:46obviously was after that. I don't know. The answer is I don't know. Do I think there's strongly
00:31:51compelling evidence, visually and chemically treated, you know, the forensic evidence from the, from the,
00:31:56from the law enforcement investigation, and, uh, and what the prosecution had going into trial,
00:32:02their report, uh, I think there's compelling evidence that somebody cleaned up, altered the
00:32:08crime scene, because I don't know any other way to explain that amount of blood over that large, an
00:32:14area, uh, just mysteriously being diluted with an unknown substance. And, and why would there have
00:32:21been splatter there in the hallway? No one was killed in the hallway. The obvious, the forensically
00:32:28obvious explanation would be that somebody cast the blood off from Maddie Mogan and, and, uh,
00:32:38Kelly Ginkoff was on the third, on the third floor. We know unequivocally that blood was transferred
00:32:42to the second floor and that they were not on the, based on the prosecution's narrative that they were
00:32:48never on the second floor. So the question is, how did their blood get to the second floor? And when
00:32:52it got to the second floor, why does it look so dramatically different than the blood on the third
00:32:56floor? And why was it not found in the second floor bedroom? They're really, really compelling,
00:33:03very, very significant questions that come out of the prosecution's own report. And these things were
00:33:09never asked. They were never explained. They were never, nobody even knew these things because it did
00:33:15not go to trial. But again, this is, you know, there are also issues with the white car. There
00:33:20are also issues with the cell tower analysis. Many, there's huge, huge issues. Everybody in this case
00:33:26thinks Brian Koberger's DNA was found on the knife sheath. There are huge problems with that too. And
00:33:33those are all outlined in the book. Like I say, uh, it's 430 pages. We don't have to go into
00:33:37all of it.
00:33:38I will say unequivocally, if you read this book and you get to the end and you think you knew
00:33:43about this
00:33:43case beforehand, I would be more than surprised, Miranda, more than surprised.
00:33:48Yeah, I agree. And do you think anything will come out of this? Do you think that there will be
00:33:54any investigations opened? I don't know. I don't know what investigation
00:33:59there could be because Brian Koberger's plea is pretty airtight. I mean, I don't know this. I'm not
00:34:06an attorney, but I don't see that this book or anything else's grounds to go back and say,
00:34:10hey, did you lie about, about this? You know, he pled guilty of his own volition.
00:34:14But to find an accomplice potential. That's the question. That's the question. Is it okay to say
00:34:21we find compelling evidence of another, another offender? And listen, law enforcement has said,
00:34:26they're saying today because talking about it, they say they found no evidence of another offender.
00:34:31I will disagree with that. I think it's very, very difficult to understand many aspects of this
00:34:36crime with one person. For example, Ethan, a six foot four, 228 pound, vibrant, vivacious young man,
00:34:44was killed in bed about three or four feet away from his girlfriend who fought valiantly for her life
00:34:49on the floor. It's very difficult for me to understand the mechanics, the process where somebody
00:34:56would need to believe that one person could kill them simultaneously. I mean, Ethan Chapin was a stout,
00:35:03capable, uh, athletic young man and a large one at that. Um, there, there are so many,
00:35:09so many questions like this in this book.
00:35:11Cole Berger had done his homework on who was in the house. So presumably he would go
00:35:17and kill Ethan first while he was asleep, sneak in. He could have just slit his throat,
00:35:22uh, before he had a chance to even wake up.
00:35:25Well, he didn't do that. The evidence of, of crime or the wounds that he suffered
00:35:29prior to death were significant. It would have been, uh, he, yeah, it, that's, that's not the
00:35:36crime. There are other things like his, when police found his body, for example, um, without
00:35:41getting into the entire book, but when police found his body, he had injuries to his extremities,
00:35:47his arms and legs that would have been visible and quite apparent from a long distance away.
00:35:51There were significant wounds, right? When police arrived and we see this on
00:35:55Officer Nunez body camera, you can see he's covered with two blankets. His torso is covered with two
00:36:01blankets. His lower legs were not covered because it had no wounds and his, uh, his neck and head
00:36:07were in the corner, but the, the rest of his body was covered with blankets, even though all of those
00:36:13wounds were inflicted under the blankets, meaning somebody had to have covered his body after he was
00:36:19dead. So what does that say about a killer? What does that say about the crime scene? What does that
00:36:24say about questions that have never been brought up, never been, uh, even, even examined? Uh, there
00:36:31are so many, I mean, you know, 430 pages of various questions we've hit on what five or six of
00:36:37them,
00:36:38maybe. Um, but there are so many of them. And, uh, all of these now we look at and say,
00:36:44why, how, when, where, uh, in my estimation, in my opinion, they're compelling questions.
00:36:53So let's go back just to your childhood upbringing and, and then your entry into the FBI as a member
00:37:01of
00:37:01the hostage rescue team. Um, tell us a bit about where you grew up and you were, you were a
00:37:07big
00:37:07skier and outdoorsman. Yeah. I've lived a very, very unusual life, a very unusual life. And it
00:37:13would take a long time to go through it. But I, I grew up at a ski area in Northern
00:37:17New Hampshire,
00:37:18Franconia. My dad ran a ski area. I was a ski racer. I lived an outdoor life at a time
00:37:23when,
00:37:23when I was a kid, we played with gun, it was sticks. And yeah, I mean, look, we didn't have
00:37:28anything.
00:37:28We had one television station. I mean, people will think this is impossible, but it was,
00:37:32it was primitive, but it built independence and a lot of skills that helped me later in life.
00:37:37And then I went away to, uh, I don't know what the entire process. I went to college.
00:37:41I, uh, I went to LA to be a rock star. I like playing music that didn't work well. However,
00:37:48when I was a kid, I didn't want to be an FBI agent. I didn't want to be a fry
00:37:51cook or a brain surgeon.
00:37:52I wanted to write books. I, I, from an early, my earliest age, I wanted to be a writer,
00:37:57which was a thing in those days. You could make, you could be a writer as a, you know,
00:38:01a thing. And, uh, so I wrote for orange coast magazine from there. I went and taught English
00:38:06for a couple of years. Then I was a newspaper reporter. I covered the police beat and I covered
00:38:10politics ultimately for daily news, two different newspapers. I went, I got hired by a congressman.
00:38:16I went to Washington DC and, and wrote speeches on Capitol Hill for the ranking member of the
00:38:21Appropriations Committee. Miranda, I used to go down every Thursday afternoon. I'd get my boss's
00:38:27red GTO convertible, drive down Pennsylvania Avenue, turn left and go into the oval office,
00:38:33oval office, uh, for meetings with Ronald Reagan. Fantastic. Is that right? Wow.
00:38:38It was fabulous for a kid my age. It was, it was a truly remarkable experience. The state of the
00:38:43union,
00:38:43um, all of those things were fabulous. Somehow I ended up in the FBI.
00:38:49Hang on somehow. That's a pretty big segue. Why? Well, because I don't have any easy stories. I
00:38:54was, I was fighting golden gloves. I was a boxer and I was fighting, uh, in this gym,
00:39:00Finley's boxing gym, a very, very famous boxing gym. And I got knocked out and I went home and you,
00:39:06you know, you get knocked out, you get a bit of a concussion and it was an envelope from the
00:39:10FBI.
00:39:11And I said to my wife, what in the world does the FBI want with me? You know, I was
00:39:14a good guy,
00:39:15uh, you know, no problems. And it was an app. She had sent away for the application. She thought
00:39:20maybe I'd want to be in the FBI. And then somehow I got in and I went to the FBI,
00:39:25went to the, uh,
00:39:26worked violent crime investigations for four and a half, five years. And then the FBI has a team
00:39:31called the hostage rescue team, which is a counterterrorism component. They have a selection
00:39:35once a year. I tried out and I made it. So I went there.
00:39:39What did you, what qualities did you need to have to join that?
00:39:43Zero. I was an English major. I was a wordsmith.
00:39:47But you had to be fit, didn't you? Fit and...
00:39:50I was athletic and I was a good shot. But you know, uh, this is another story entirely,
00:39:56but the U S government has three, what are now known as, well, many, many people refer to them
00:40:01as tier one. And there are many tier one groups nowadays. Back then, and I'm talking about 1991,
00:40:06one, right? 10 years before nine 11, the U S government had three elements of that kind.
00:40:13They had seal team six, the people that got bin Laden. They had Delta now called
00:40:17combat applications group or whatever. And these groups are very widely known now because of movies
00:40:22like, um, so many movies. Um, but they, but the U S government, because of a law called the
00:40:27posse comitatus, which prevented the civilian law enforcement from being used in, in military,
00:40:33or the military from being used in civilian law enforcement, they had to create a separate team
00:40:38that had arrest authority, what's called 1811 authority. So they decided to put it in the FBI.
00:40:44So, because the FBI had helped Delta force form Delta helped HRT. And now we had a component
00:40:50that had the same helicopters, the same guns, the same training. Um, but it was on the civilian side.
00:40:56And that was the team that I joined. So the president then was Bush. Yeah. Um,
00:41:02when I first started Reagan, uh, yeah, I guess it was, it would have been Bush. Yeah. It would
00:41:07have been Bush at the time. Right. Bush, the elder. And, and so you went through,
00:41:13I guess that whole period, um, nine 11, were you still there?
00:41:18Yeah, it was. And we shouldn't skip over one thing because, you know, when you do a black,
00:41:22a book like this, they hit you from every imaginable angle because we live in an age
00:41:26of hatred and easy communications. Right. So we all, uh, in America is a very famous
00:41:32debacle called Waco. Um, and not only was I, uh, a member of the hostage rescue team at Waco, but,
00:41:38uh, a guy named Tiller Russell, uh, made a, uh, a documentary called Waco American Apocalypse.
00:41:45So anybody that watches that documentary was huge on Netflix forever. I was the guy in that movie.
00:41:49He, he had four narratives. He had a, an FBI negotiator. He had an FBI sniper. That was me,
00:41:56the hostage rescue team. He had a branch Davidian, and then he had a, uh, a couple other people,
00:42:01a lawyer and a couple others. I was that guy.
00:42:03So you were the sniper at Waco who had, and you had David Koresh, who was the whack job who
00:42:11ended up
00:42:11blowing everyone up. You had him in your sights. Yeah. And I talk about it in that documentary. So
00:42:17anybody, you know, it's, it's crazy. These people go, oh, there's Whitcomb guy. He never did this.
00:42:22He never did. I've written two books, two entire memoirs about, about those years. And then I, uh,
00:42:29and I was in a documentary, but anyway, so I was that and, uh, and a couple of other controversial
00:42:34things, but. But go back to that. Cause I want to talk about that. And I also want to talk
00:42:38about
00:42:38Ruby Ridge and what that did to the FBI. You know, great question. It changed the FBI. It changed law
00:42:46enforcement. I, uh, I was at Ruby Ridge. I was one of the snipers at Ruby Ridge, all the Senate
00:42:52hearings, uh, the grand juries, all of that. I was one of those guys to be open about it.
00:42:57And then we went very shortly after that into, uh, Waco. They were very, very close in time.
00:43:03At that time, the United States government was mostly focused on domestic terrorism.
00:43:09When, when I started with this team, there were 66 foreign, uh, terrorist groups in the world.
00:43:15Uh, the Palestinian, uh, the PLO, uh, Red Brigades, uh, there was, there was so many,
00:43:22Al Qaeda was one of them, but there was a huge movement based on a book called the Turner Diaries
00:43:27in the United States, where there was a, of domestic terrorism interest that was really,
00:43:32really profound at the time. And out of that movement came Ruby Ridge and came Waco.
00:43:38Ruby Ridge was started by the United States. The first agency involved, involved the U.S.
00:43:44Marshal Service, not the FBI. Waco was ATF, not the FBI, but there was no backstop in America
00:43:52at that time or today beyond my team, the hostage rescue team. If everything goes bad,
00:43:59there was nobody else that's hit. I mean, you're, you're bringing in, you know, the 82nd airborne,
00:44:04right? Which you can't do under the posse comitatus. So both of those things were a different response.
00:44:10After those, the hearings and everything else, the United States government came back and said,
00:44:14look, no more, we've got to, we've got to figure out a different plan. The FBI created the critical
00:44:18incident response group, which now houses the hostage rescue team, the profilers or the behavioral
00:44:25assessment unit, the behavioral analysis unit, and the negotiators and various others. So it changed
00:44:32the way law enforcement approached crises. And for better or worse, I'm, I'm a testament to that
00:44:40time. I, you know, I've lived through and, and I wrote extensively. I wrote the better part of a
00:44:44book about Ruby Ridge and Waco. I was in the Waco documentary. And then I put out another memoir in
00:44:51August called anonymous mail. I'm about those two. So I've been very, very, very vocal. And I've tried to
00:44:57talk, I tried to give a first person account of historical, of those events. Um, so yes, I was
00:45:03involved in both of those. Ruby Ridge and Waco, both of them. Um, I think they are really the origins
00:45:12of a
00:45:12lot of the mistrust of federal government, a lot of the division, uh, in this country, which I think was
00:45:19exacerbated, uh, under the Biden administration, uh, when they sort of made up a domestic terror threat,
00:45:28which was Catholics at school board meetings and so on. And that all echoed for a lot of
00:45:35conservatives, what happened, uh, starting out at, at Ruby Ridge. Can you just take us back to that?
00:45:42Because my understanding of it, just from what I've read, um, I've never written about it, but from what
00:45:49I've read, from what I've, you know, watched as much as I can about it, it seemed like real overkill.
00:45:56Here was a guy that was sort of coerced. He was a, uh, you know, a kind of survivalist,
00:46:03wanted to go and live on his own with his wife and kids, or a pregnant wife. Um, and in
00:46:09the,
00:46:09woods, mining his own business. And he sort of got tricked into building a rifle that was against
00:46:17the law. Is that right? And then from then it escalated. Someone shot his kid's dog. Someone
00:46:23shot his kid. You know, in general terms, I think you hit it right on the head. The,
00:46:27the rifle was a shotgun. It was a long gun and it was altered because the barrel was sawed off.
00:46:31It looks now in retrospect, even court cases, he won a large judgment against the United States
00:46:36government. It looks like it was put together. Uh, people would call it entrapment or however you
00:46:41want to look at it, but it was a very, very small, uh, government action against the guy that just
00:46:47wanted to live upon on a mountain by all intents and purposes, separate from the U S government.
00:46:52But it was a very big thing at the time because that type of a movement was a focus of
00:46:58law enforcement.
00:46:59It was day to day conversation in American society. So I remember, I mean,
00:47:03how was that? I mean, do you think that was again, like what Biden was sort of bodging up as,
00:47:09I don't know what distraction or an attack on conservatives to paint them as if they are
00:47:15dangerous nuts? I'll tell you what I think the narrative is and what the, the human element of
00:47:21this is in, I've, I've been involved in so many of these in my lifetime. I mean, we won't even
00:47:28get
00:47:28started, but Afghanistan, Yemen, uh, Iraq, Somalia, East Timor. My life has been, you know, a lot of,
00:47:36a lot of conflict in, in difficult, in difficult situations, but there's always the difference
00:47:40between what ends up on the news and what it's like to be there. So if we want to talk
00:47:44about Ruby
00:47:44Ridge, I'll talk about it this way. It was a Friday afternoon. We were eating pizza or, you know,
00:47:50a weekday afternoon. It was the end of the day. We're eating pizza. Somebody comes back and says,
00:47:54hey, something happened in Idaho. We're not sure what it is, but, uh, we're going to fly out there
00:47:58and they might need us, right? This team. So we've got these cages in the back with all of our
00:48:03gear.
00:48:03So we have desert gear, we have water gear, we have Arctic gear. We, you know, it's anywhere in
00:48:08the world, anytime. And where are you headquartered? Quantico, Virginia. Quantico,
00:48:12Quantico, Virginia. We had a military air transport. So we take our helicopters and we put them on a plane.
00:48:18We jump on a plane and we fly to, I can't remember, maybe Spokane, Washington,
00:48:22and we drive all night and we get up, you know, get there. And this is literally what it was
00:48:28like
00:48:28as we, as we build the truth about these stories. There was no internet, there was no DVDs. I mean,
00:48:35I think it was VHS or whatever, but we get there and we show up at this armory having worked
00:48:40all day,
00:48:41fly all night, drive out there. Now we have a briefing and they say, we don't know what's going on.
00:48:46This is the FBI briefing. We say, we have a United States Marshal, um, was shot, Bill Deegan,
00:48:53and we, there was a gunfight on a mountain. Um, we don't know much more than that. Um,
00:48:59go get him. Literally. I'm not even kidding. I mean, it was very much that simple. So we take
00:49:04all our gear and it's a lot.
00:49:06So you didn't know it was a little boy or a dog. You didn't know any of that.
00:49:09Zero. Nobody knew it was, nobody knew Sammy had been killed until days into this thing. Nobody
00:49:15knew anything because it's on top of a mountain. There's no security. There's no internet. There's
00:49:21no cell phones. There's no way to communicate with anybody. So I remember I gearing up at a ghillie
00:49:27suit and we climbed up a mountain. It was 33 degrees. You know, it was just, it wasn't snowing,
00:49:33but it was just above rain. We didn't know where they were. All we knew is there was a gunfight
00:49:37between a Marshal had been shot and, uh, very, very little information. And we went up,
00:49:45set up and then it all happened. So there was a, we now know looking in retrospect
00:49:50at all of these things went wrong and they did, they did go wrong. And I've lived with it my
00:49:56entire
00:49:56life looking at it retrospectively, but the reality of what it's like to be you and me talking
00:50:02and living our lives, it looks very different when you're in it. You don't get, you know,
00:50:07you don't say, well, what is this person going to think about it? What's this going to look like
00:50:1020 years down the line? You look and say, this is what I need to do in this immediate moment
00:50:15and, and, and go with those actions. Looking back now at the way we view the FBI. And so do
00:50:21I,
00:50:22I mean, things have changed. Looking back now, does it look dramatically different? Yes.
00:50:26Did it, did I write about this in great detail in a book called cold zero? Did I write about
00:50:32it
00:50:32contemporaneous with those events? I did that as well. So I can go back now and look at those things
00:50:37as a historical record, not a hysterical record. Like we have so many in this society today. Right.
00:50:44And, uh, so it's, you know, Miranda, it's, it's interesting. I, I've lived such an, such a, a wild
00:50:50life. I never thought either of these events that we would be talking about them 30 years later,
00:50:56not my wildest imagination. Did I think these would become archetypal stories in American history,
00:51:03but they have because of mistakes and we have to learn from them.
00:51:06Well, because also they give you an insight into federal government overreach and particularly
00:51:15when it comes to the FBI against American sovereign citizens, you know, who are exercising their rights,
00:51:24um, to go and whatever they're doing, you know, hide out and be, be independent of society.
00:51:32Look, I went through the last, as a private citizen, uh, I went through the tumult, I will
00:51:38say of the last two years, right? The year leading up to the president, presidential elections and what
00:51:43we're going through now with Comey. I never, I was not in the FBI when Comey was director,
00:51:48but other directors and have been through this Mueller and various, you know, directors over, over time.
00:51:54And I look at how organizations have changed. The FBI changed fundamentally on 9 11.
00:51:59It became much more an intelligence agency than a criminal investigative agency. They handed a lot
00:52:04of things, uh, jurisdictions over to other federal agencies, the marshals, ATF, secret service,
00:52:09treasury department, things like that. And the FBI today, just for example, just as an example,
00:52:15politics aside, I remember watching the raid on Mar-a-Lago and wondering and, and looking down and
00:52:21seeing people I knew and worked with carrying automatic weapons, standing outside and thinking
00:52:28to myself, wait a minute, the FBI is raiding the property owned by the former president of the
00:52:34United States. It doesn't matter if it's Biden or Obama or Jimmy Carter or Ronald Reagan,
00:52:39the president of the United States is an institution constitutionally that we believe in.
00:52:45And I thought to myself, I would never, ever have anticipated that having been in the Oval
00:52:53Office with Ronald Reagan. Uh, I actually ate jelly beans, you know, he's known for his jelly
00:52:58beans, actually ate jelly beans out of the bowl. So, um, I swore an oath on the constitution
00:53:06to protect the constitution United States at the risk of my own life. And that has happened
00:53:12plenty of times. Um, I embrace first amendment conversations about all of these things,
00:53:19because if you can't confront the truth, if you can't look at it and meaning meaningful and almost
00:53:25always painful ways, it's not easy to go back and look at these things and say, I was part of
00:53:30this.
00:53:31I was part of that. And oh, it's okay. I've never said that. If we can't look at those things
00:53:36in terms,
00:53:38we'll never grow. And I'm not sure we're growing right now. I think, uh, it's very difficult times.
00:53:44And it's not fair to, I mean, it's not you, as you say, like you're at your, you and your
00:53:52team,
00:53:52say take Ruby Ridge. I mean, you are highly trained, uh, outfit, uh, and you go and you get put
00:53:59into a
00:54:00place. You're, you're a tool to do a job. And that's what you do. It's not your role to figure
00:54:06out the why's or you, there's no time to do that. That's not your skillset. But what the mistake
00:54:13there to me was complete overkill, having a military transport, taking you, these highly skilled killers,
00:54:22uh, you know, warriors, uh, counter into counter-terrorism, uh, experts and putting them
00:54:29on a hillside and just with no mission, just saying, go search and destroy and not giving
00:54:37you the full brief of what happened. And someone must have known in the marshals, they knew what
00:54:43had happened by then. Why did, yeah. And who was so gung ho? I mean, was it the FBI director?
00:54:50Was there political pressure? Can we take one of these at a time? Because I love,
00:54:55I love your curiosity and I love the frank questions because somebody needs to ask these
00:55:00questions going back, but there are frank answers and granted to my perspective, but I would say this,
00:55:05Nietzsche wrote, uh, men who fight monsters have to be careful that they don't become monsters
00:55:10themselves, right? So here's what happens. I'm an English teacher. I'm a speechwriter. I'm a poet. I was
00:55:17literally thought I was going to be a Shakespearean, uh, theater director. That was my major. I was a
00:55:23Shakespearean scholar, Shakespeare scholar, right? So somehow this guy ends up with a rifle with a
00:55:27scope on it on a mountaintop in Ruby Ridge. Nobody is going to convince me that I was a robot
00:55:33for the
00:55:34machine. No, I, I was a free thinking, well-educated. Uh, I wanted to be holding Caulfield,
00:55:42catching the kids coming off the cliff in the rye, right? I believed in that stuff. So you can, you
00:55:46just can't say, was I highly trained killer? Oh, hell yes, I was. And is that, is that part of
00:55:53the
00:55:53process? Yes, it is. And here's the reason why. If you, God forbid, Miranda, whatever city I'm
00:55:58looking at behind you, if you end up in one of those buildings and people have taken you hostage,
00:56:03somebody has to helicopter onto the roof. You've got to fat, you've got to repel down the side of the
00:56:07building. You've got to blow the windows out and you've got to go through that window at four
00:56:11o'clock in the morning. You got to kill the bad guys and save you. Somebody has to do that.
00:56:16And
00:56:17because of the laws of the United States, you can't use Delta force. So you have to have a team
00:56:21that does
00:56:21that. Is that the same team that's going to go around and, and, you know, talk about, uh,
00:56:27you know, uh, declined Latin verbs and, and explicate poetry and, and whatever else. In my case,
00:56:35yes. In my case, it was, I, the entire time I was on this job, I almost always kept a
00:56:40copy of
00:56:41Shakespeare's sonnets in my, in my kit, right? What guy is going to say that I'm admitting to
00:56:46you that now in a public forum and they'll go, what is this guy nuts? But the bottom line is,
00:56:50these are complex guys. This team I was on this team of supposed machines and robots and girls,
00:56:54two of them had PhDs. So, you know, it's not, it's not that these are robots. You've got to have
00:57:02a
00:57:02capability and it's... But also I, from my experience of, of, you know, reporting on guys like you,
00:57:11uh, whether it be SAS, you know, in Iraq, you are moral people. I mean, more so because you're a
00:57:18life and death, you are delivering it. And so always in, in my view, 99% are moral people and
00:57:26the psychopaths get weeded out or found out eventually. So I'm not, I'm not disparaging
00:57:33you. What I guess I'm saying is that as, as an entity, you are a tool and you are put
00:57:40in to
00:57:40administer justice to save people, whatever. And it's got to be lethal and precise, but you were
00:57:50given an impossible task because you didn't know who the enemy was.
00:57:54Are you talking about Ruby Ridge in particular?
00:57:55Ruby Ridge in particular. Well, I mean, all of them really, but in that one in particular,
00:58:00when you have bad leadership. Everyone's impossible.
00:58:02When you have bad leadership. Yeah. Well, you know, it's fascinating you talk about that. I'd
00:58:07love to talk to you sometime when we're not, you know, we don't have time constraints or whatever.
00:58:11So just finish the story with Ruby Ridge.
00:58:14Ruby Ridge for, for better or worse has been documented wildly. Um, just in what I wrote,
00:58:20I wrote parts of two books as recently as August of last year about them, but it's important for
00:58:25people to realize that there is a civil aspect of this where Randy Weaver sued the federal government
00:58:30and won millions of dollars for the wrongful death of his family members. So the system has spoken.
00:58:35Do I accept the responsibility, uh, delivered through the court system? Absolutely. There was a grand
00:58:41jury. There was a grand jury where one or more of the members of this team, um, had to face
00:58:48potential
00:58:48murder charges. There were Senate hearings. I remember very clearly standing with, uh, my,
00:58:54my teammates, um, in a, in a Senate, in a heart, uh, heart Senate office building, uh, these sworn hearings,
00:59:03where they, they actually brought the door to the cabin, um, where the fatal shot was fired. They
00:59:08brought that in. Um, there were search warrants. I mean, I was in the pregnant, the pregnant wife.
00:59:13Yes. Yes. Horrible. Yes. Yes. I mean, the whole thing was horrible. I mean, I was there. It was horrible.
00:59:19Um, but the, and what happened when, I mean, when the, the sniper took the shot,
00:59:24what happened is this, and I, I'm just explaining it for people, you know, whatever. I mean, this is
00:59:3030 years ago when, when you work in my trade, my chosen trade at the time, and everybody knows what
00:59:37a
00:59:38sniper is. And, but most people don't understand trajectory. When a bullet flies through the air,
00:59:45it has to go up and down like a football or a baseball. And I'm not using a sports metaphor.
00:59:49It's just the most obvious thing people understand is if you shoot, if you throw some,
00:59:54a projectile moving over a distance is a physics calculation of trajectory. Fair enough. A bullet
01:00:01is no different, smaller, it's faster, but it is the same physics principles. Okay. So the further away,
01:00:08the more difficult those physics principles are to hit a target. And when you're doing that as a
01:00:12profession, you're looking through a scope and the scope is very narrow field of view.
01:00:16You can't see what's outside it. That day I was high above the house, looking at a downward
01:00:21trajectory. It was 33, 34 degrees, pouring rain, uh, freezing cold, soaking wet. We'd been up for 36
01:00:29hours hiking up a mountain. And all of a sudden they came running out of the house at us with
01:00:35weapons.
01:00:36And we had no clue what was going on. I thought they would, I mean, to this day,
01:00:40I thought they were running at me and there was going to be a gunfight, you know?
01:00:43And it was a militia.
01:00:45Yes. I thought it was a militia. It was actually three human beings living in a cabin. I don't
01:00:51even know why they ran out of the house. I don't think they saw us, but, um, all I want
01:00:56to explain
01:00:56is this, a shot was fired. The, this particular shot that was fired, you have to understand that
01:01:02you are looking through a scope and somebody, and you have to shoot them. So it's very much,
01:01:06and I have to use this metaphor and I'm sorry in a life of death situation, but in football,
01:01:11you see a receiver and a football and you run into each other at the same time. That's the idea.
01:01:15You're throwing a football at an empty space on the field, assuming that the speed and the pace
01:01:21of the person is going to lead to, to the catch, right? It is the exact same physics in, uh,
01:01:29the sniper
01:01:29trade. If you're shooting a moving target. So you have to shoot at something so that the person runs
01:01:35into it, a moving target. Does that make sense? In this particular case, that particular sniper
01:01:42knew where he was, the man with the gun was going, Randy Weaver, and he was running for the front
01:01:47door
01:01:47of the cabin. As he pulled the trigger, the door opened. And I mean, this is simultaneous. He's
01:01:52shooting from 300 yards away, pulls the trigger, the door opens because she was letting her husband
01:01:57into the house. He ran into the door. She stepped out the door, the door occluded the view and the
01:02:03bullet hit all at the same time. So was it an active man? Yes. Were there components in this
01:02:11that defy any explanation at all? Yes. And you put those together after 30 years, 32, 33 years,
01:02:19whatever it's been looking back. You can color that with the brush of any, any ideology, any
01:02:27perspective that you have being there. And I was there. It, it was, it was different. It was immediate.
01:02:35It was visceral. It was human. It was all things that get lost over time. So, and you guys knew
01:02:43straight away what had happened? No, absolutely not. We didn't, at that point, we didn't even know that
01:02:48Sammy had been killed. The son had been killed. When that happened, nobody knew anything. In fact,
01:02:54the command element down in a field down at the bottom of the mountain, nobody really knew anything.
01:02:59And because we didn't have gear, we had to, we had to expo, we had to go back down the
01:03:03mountain in
01:03:03the pitch black and we almost fell off a cliff that night also. And then the next day started trying
01:03:10to
01:03:10figure out what had happened. It was, it was chaos for, for quite a long period of time. And it's,
01:03:16I mean, you know, benefit of hindsight and everything. I still think that once you put
01:03:23people in that situation, anything can happen. And I think the mistake was going, it was just
01:03:31overkill. Whoever gave the orders, whether it was the FBI or the president or whoever it was who gave
01:03:39the orders to use a, you know, a mallet to knock on an acorn. You know, you bring up a
01:03:47really great
01:03:48point. And if we, I did not anticipate this conversation, but since you brought it up, no,
01:03:53no, I love it. It's, you know, there's no rules, but I think the number one thing that has survived
01:03:59over all of these years was the rules of engagement. Like why did we shoot under what circumstances? The FBI
01:04:05has one rule of engagement. An FBI agent shall not, shall not use deadly force unless their life
01:04:14or the life of another is in immediate jeopardy of death or serious bodily harm. So the FBI rules
01:04:21of engagement, if you, they, you graduate the academy, they give you a gun and a badge and they
01:04:25say, go get them. Right. They say, don't shoot ever, ever, unless you're going to die or somebody,
01:04:32an innocent person is going to die. Ruby Ridge survives because the rules of engagement were
01:04:36read differently. And I have them to this day. I have my original notes. Um, and I have the,
01:04:43the written rules of engagement that were given to us in a potato field and a pouring rain
01:04:47as we were about to go up that mountain. And they were different.
01:04:50How are they different?
01:04:51And that's the truth. I can't remember the exact wording, but it basically said,
01:04:56if somebody comes out of that cabin with a gun and you feel threatened, deadly force can be used.
01:05:01And it stands out to this day, 33 years later, 34, whatever it's been, it stands out to this day
01:05:06for this reason. I can't think of another time in FBI history when the rules of engagement were
01:05:12changed for a specific instance. And that's what people talk about to this, to this day where they
01:05:16changed. Yes. Did they impact me? No, because I understood fully that if I pulled a trigger and
01:05:23shoot somebody, I suffer the consequences. They tell you, they give you a gun when you join the FBI,
01:05:28they tell you how to use a gun. They tell you when you cannot use a gun, the rules of
01:05:32deadly force.
01:05:33They never, ever tell you what's going to happen if you do. I promise you.
01:05:40Let's just quickly go. I know it's another huge story, but Waco, your involvement in that. And then
01:05:46lastly, I wanted to ask you about what do you think's happened to the FBI? Why did it, in my
01:05:54view, lose its way? If you think that. And I think it's important. I know these are 30 years ago,
01:06:01but I do think that they still have echoes today and they were never resolved. And it sort of comes
01:06:07back to your book about the Idaho murders, that here you have, you know, a great tragedy in American
01:06:15life, you know, even just a tragedy in a small town for four families. And it's never really
01:06:23explained properly. And I think with Ruby Ridge and Waco, we just all moved on.
01:06:30I think to this day, I believe to this day, I'm the only person at Waco and Ruby Ridge
01:06:36that has written about them in a first person account that is detailed. And at least my first
01:06:42book was timely. I mean, that book came out five or six years or something like that after Ruby Ridge
01:06:46in Waco. Um, it was fresh in my mind. I had all the notes. I still had the clothes. I
01:06:50still was
01:06:51wearing, you know, I mean, it was, it was contemporaneous. Right. And then I wrote it again,
01:06:57uh, more about it and the, the impact it's had on me and light in society and things like that
01:07:02since
01:07:03then. Um, and I would say that no matter what I say here now, it would not be nearly as
01:07:08detailed as,
01:07:09as what I went through then. I talk about the, you know, the cost of everybody involved.
01:07:12Um, but I'll say this, uh, because in, in addressing your questions, I was an FBI agent
01:07:17for 15 years, 15 years. I've been out of the FBI for 25, right? So that was a long time
01:07:24ago.
01:07:24And my life has been expansive since then. I worked in the intelligence community. I've,
01:07:29I've, uh, started and built large businesses. Um, I've lived in foreign countries. I've lived in
01:07:35Asia for seven years. I've done many, many things. I've written for publications and worked in
01:07:40television, things like that. I've done a lot of things. So I'm looking back now,
01:07:43I have the perspective of an older guy, an old guy, right? I'm not even older anymore. I'm old,
01:07:48right? But I look back and I say, look, is it, what do I teach my kids? What do I
01:07:52talk about when
01:07:53I meet you? Like a very, very bright, introspective, uh, fascinating person to talk about with all of
01:08:02your own life experiences to talk about these things. I think I can look at them now with hindsight
01:08:07in a way that is, is growth. That's what we do as human beings. We should learn from our mistakes.
01:08:12We should gain wisdom based on experience. Uh, in my opinion, that's been my life. So I look back on
01:08:17these things and, and I know where you're going with the FBI today. I can't really comment about
01:08:23the FBI today because I'm not in the FBI today, but that said, I know that it's a very different
01:08:29organization for one primary reason. It was a lot. It was a law enforcement organization until 9 11
01:08:34at that time. And this is all very widely documented. I don't think anybody would argue
01:08:39with it. Robert Mueller changed the direction of the FBI because of 9 11 to move more toward
01:08:45being a domestic intelligence, uh, agency. The FBI always had an intelligence community,
01:08:51uh, an intelligence, um, aspect. Don't get me wrong, but it became more of that. And when that happened,
01:08:58it changed a lot of things. We moved to the, to the Patriot Act and we look at provisions,
01:09:02the fees accords and things like that. The complexion of an FBI agent's job,
01:09:07many FBI agents jobs changed. And then it became a continuum to what we're going to talk about now,
01:09:13which is, uh, allegations by the Trump administration and by the Biden administration
01:09:17going back and forth of what you can do with the justice department. And we got to remember the FBI
01:09:22works for the justice department, the justice department falls within the executive branch.
01:09:26And who's the head of the executive branch, the president of the United States,
01:09:28right. There's a direct lineage. It's unequivocal. And so we look now and say,
01:09:34what is going on? Right. We look and say, how did this change during the Biden administration
01:09:39coming out of COVID and where are we now? And it has been a profound change. Um, so we can
01:09:45talk
01:09:46about further questions, but has it changed? It has changed a lot. Yes.
01:09:50Mm. And so, so just going back to Waco. So you were the sniper, you had David Koresh
01:09:58in your gun sights before he blew up everyone. Um, what, what happened? Why did you not pull the
01:10:06trigger? Um, it's a great question. I, again, I talk about this in that documentary, uh, Waco American
01:10:12Apocalypse. I talk about it fairly bluntly, very bluntly. Um, I knew my job
01:10:20and, uh, a little framework. So everybody remembers that the branch of the compound,
01:10:25this huge, you know, building in the middle of the, of a cow field, there was a building
01:10:29in the front called Sierra one, which was a sniper team. And it was a building in the back
01:10:33called Sierra two, which is a sniper or a sniper position, two teams each. And I was in the back,
01:10:38Sierra two. And our job was to provide surveillance of the building. Like somebody comes to a window and
01:10:44we'd provide all that information via radio back to the command element. They would make the decisions
01:10:49based on the information we gave them. Right. And I was there for 57 days. I don't know. It's
01:10:55almost 60 days, almost two months. So it just becomes a job over and over again. Um, but one night
01:11:01at two, we would do two hours shifts on because you stare at a right through a rifle scope for
01:11:06two hours.
01:11:06And there's a, there are various issues. So you do a two hour shift that particular day,
01:11:11my shift was sometime in the middle of the morning, like two to four or something like that.
01:11:14And I remember I was watching from window. It was like a movie where you go, you see shot, shot,
01:11:20shot.
01:11:20Oh, wait a minute. Let's go back to this shot. It was very much like that.
01:11:24And you can see people moving around inside.
01:11:26Oh yes. Yeah. I mean, things that you wouldn't talk about. I'm not trying to
01:11:30sidetrack the story, but for example, there was this one guy that would come to a window every day.
01:11:34And there was this, he had a little kid in a little red puffy down jacket with blonde hair.
01:11:40And he would hold the kid up in the window and look out so they could see what was going
01:11:44on
01:11:44because they thought we wouldn't shoot a kid. I'm thinking, I'm not going to shoot you either.
01:11:49What an awful thing to say.
01:11:50It's awful, but that's a daily, that was a daily thing. You know, it was,
01:11:55it's complex talking about what it was like to be there and how it was, but there was this one
01:11:58moment
01:11:59that. And, uh, you know, it's, it was quiet. It was cold. There was fog. There was a little breeze.
01:12:06Um, I, I like jazz. So I was listening to Miles Davis. I had this little transit,
01:12:11like this little cassette deck and I'm lying, I'm sitting behind the sniper rifle
01:12:15and I'm listening to Miles Davis, Bitches Brew, that one particular song.
01:12:19And I'm looking in this window and I move on and I go, wait a minute. And I go back
01:12:23and it's him.
01:12:24Right. And he's standing in this window and I know he can see me. He's looking right at me.
01:12:29He couldn't see me, but he knew where I was and he knew I was out there. He didn't know
01:12:34me,
01:12:34obviously, or anything about me, but he knew what I was and he knew what I was there for.
01:12:39And we just had this very odd moment. That's so hard to explain unless you do that for a job
01:12:45where
01:12:47you, it was so intimate, Miranda, when I'm literally, it seems like you're, you know,
01:12:55right in his face and the glasses and the face that everybody's seen all this time. And I think to
01:13:00myself, if I shoot him now, everybody comes out. It's over. There's 86 people in that building.
01:13:07David Koresh dies. They're all going to come out. The kids are going to be fine. Everybody's going to
01:13:10be good. We're going to go home. It's over. Right. And, uh, but you can't do that in civilian law
01:13:15enforcement. If I had pulled the trigger, I probably would have gone to jail. I think it's,
01:13:20it's, it's most likely, but looking back on it now, you look back and say that, you know,
01:13:25this is the college philosophy, right? You're in, you're in an ethics class. And the professor asks
01:13:31you if you had the opportunity to kill one person and save 86 lives, would you do it?
01:13:38And I lived it. I mean, I made that decision. Uh, I made the right decision, but we were within
01:13:44the,
01:13:44the, your rules of engagement, of course. No, no, no, I could not have,
01:13:48you know, I could, I have made something up. Could I have said, he pointed a gun at me and
01:13:52whatever else, um, a human being could have made that decision. I think based on my training,
01:13:58the reasons I joined the FBI, what I, uh, you know, offered to sacrifice my life. I personally
01:14:04couldn't have made that decision because it was morally, ethically unsound in every man of every
01:14:09imaginable way, but we still have to look at the conversation. The conversation is if I could take
01:14:14that chance at my own sacrifice and save 86 people's lives, should I have done it? There's
01:14:20a lot of kids in there, Miranda suffered a horrific death. So those are the things that come
01:14:24with living this life with Ruby Ridge and Waco and a million other things that I've done in my life.
01:14:29And can we, you know, you talk about them in a tick tock, uh, comment on somebody's show,
01:14:34and it's easy to make assumptions when you do it and you're there over a long period of time.
01:14:40To me personally, it seems like, you know, it was a little bit different.
01:14:44Of course.
01:14:44But I just one quick anecdote, I just going to say this really quickly. So the Waco thing came up
01:14:49and I said, yeah, the guy that had David Koresh in the sites and this guy that I knew that
01:14:52was on the
01:14:53team, he called me up and said, Whitcomb, you blank. He said, we all had him in our sites. And
01:14:58I said,
01:14:59okay, I said, that was my experience. I don't know what yours was. That was my experience.
01:15:03So anyways. Yeah.
01:15:05And, and what, what sort of an impact did, I mean, those two incidents, but, but everything
01:15:10that you saw, um, in, you know, really like, I mean, it's like being in combat, but in your own
01:15:17country. Um, what impact did that have on you?
01:15:21I don't know the answer, except that I'm sitting here talking to you now and I'm writing books and
01:15:26I've moved on in life and I've done 50 things that you and I have not discussed that were far
01:15:32more
01:15:32perilous, far more perilous. I mean, I got stuck in the second best airport in Mogadishu, in south of
01:15:38Mogadishu, Somalia with no technical, no money and no passport. That was a bad day. But anyways,
01:15:44I think my point is that, you know, slipping into a conversation like with, like this with you is,
01:15:50is easy because it's, it's well thought it's insightful and it's measured with somebody who has life
01:15:57experiences. And as a thinker and a writer and, uh, your perspectives, it doesn't always translate.
01:16:03It's all, it's oftentimes somebody just saying, well, he's this, or he's that. And we're human
01:16:08beings. There's a human being behind all of these stories. And that led to this book, the human being
01:16:14behind this story. And at least I think of myself, uh, was in search of truth. I could have done
01:16:22a
01:16:22million things besides this book. There's no reason that I did this book. Do I wish I hadn't
01:16:27done this book? Oh, hell yes, I do. I wish I had not done this. Really? Yes. Because, because at
01:16:32this
01:16:32stage in my life, I have a great life. Why would I suddenly want to be a lightning rod for
01:16:38the 300
01:16:38different narratives that spinning out of control around this thing? Right. Um, I, I win in no way
01:16:45on this thing. I felt compelled that it was the right thing to do, but that, that's just my decision.
01:16:52I'm not saying people agree with me, but that's interesting. I understand why, because of the life
01:16:58you've lived, that it troubles you when there are, uh, you know, stories untold and unexplained
01:17:08that means something to people. And I do think that is corrosive to, um, our society in, in general,
01:17:16to have all these questions and these mysteries and that lead to suspicions. And that can also be,
01:17:23um, preyed upon by people wanting to make money or cause trouble or, uh, whatever,
01:17:30because there's a vacuum of real information. So, you know, you, you've been a witness for whatever
01:17:37reason to some pretty important historical events that really have led us to, I think,
01:17:45a lot of the division that we have today and the mistrust. Um, you just, you were a witness and
01:17:52you
01:17:52were part of those, but for some reason you have that knowledge. And so I think it's, I love that
01:18:00you
01:18:00are driven. You have a compulsion to satisfy that curiosity, because I think that's the most, um,
01:18:09that's the most logical, rational thing I think you could do.
01:18:13I appreciate that, Miranda. I really do. I, I'm not a gun. It's a side thing, but it's kind of
01:18:20a metaphor.
01:18:21I'm not a gun guy. I'm not a gun nut, but I carry a gun. And people say, well, why
01:18:25do you carry a gun? I mean,
01:18:26whatever. And I say, because if something happened in a violent society and I didn't have one, I would
01:18:32feel negligent. I would feel like I'm a force multiplier that I would make the right decision
01:18:37and that I should always be able to do the right thing. I should, I want to die Holden Caulfield,
01:18:42right? I want to die the catcher in the rye. I want to die feeling I've got a savior complex.
01:18:47Let's be honest. I got a savior complex. I can't cook. I, you know, maybe I don't have any emotions,
01:18:52but I want to save people. I always have my whole life. I've wanted to. And I look at what
01:18:57I do now
01:18:59and say, I hope that's what led to this book. I truly believe that's the case because I could write
01:19:06books about anything. I could play guitar with my band. I could do different things. I felt a personal
01:19:12conviction to tell this story for those reasons that you are the first human being that I've talked to
01:19:19ever that gave me an opportunity to fill in some of the, some of the background that goes into this.
01:19:25And I'm really, truly grateful. I didn't know you were going to do this. I didn't know what we're
01:19:29going to talk about, but I'm surprised and I'm truly grateful. Well, I'm glad, so glad that I had
01:19:35this opportunity to talk to you and I'd love to, you know, keep in touch and talk to you more.
01:19:40I think
01:19:40you, you, you just, you, you have so the keys to a lot that, um, that sort of troubles all
01:19:48of us,
01:19:48I think at the moment. And I'm troubled too. I mean, yeah, we also share this. We share it.
01:19:53I know. I think we all do. I think anyone who cares about this country and, you know,
01:19:57the future does, um, is troubled by something we can't quite understand, but I think you have some keys
01:20:03to understanding and, and I think the book is a service. So thank you and wonderful to talk to you.
01:20:10I so enjoyed it. So enjoyed it. Thanks so much for watching and listening today.
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