The former federal prosecutor named by Waco special counsel John C. Danforth as his chief deputy is himself under investigation by the Justice Department for suspected misuse of government funds during a referendum in Missouri.
Edward L. Dowd Jr., the U.S. attorney in St. Louis who resigned his post Sept. 9 to accept the No. 2 spot in the Waco probe, is the focus of an ongoing inquiry by the Justice Department's Office of Inspector General.
The Dowd query was sought in March by Sen. Christopher S. Bond, Missouri Republican, who asked Attorney General Janet Reno to order Mr. Dowd to "cease and desist" in what he called a "systematic grass-roots lobbying campaign" to defeat a Missouri referendum in April that would have lifted a ban on the carrying of concealed weapons.
"It is my understanding that current federal law prohibits the department from using its federal appropriations for 'publicity or propaganda' purposes not authorized by Congress," Mr. Bond said in the letter, which did not address the merits of the referendum. "I would hope that 'publicity or propaganda' would include efforts designed to influence pending legislation."
The Hatch Act, among other things, prohibits political activity by federal employees on the job.
Mr. Bond told the attorney general that a March 10 letter Mr. Dowd sent to Missouri law enforcement officers "was clearly designed to promote public support" against the referendum and was timed to "reach the public just prior" to the vote. Also signing the letter were U.S. Attorney Stephen L. Hill Jr. in Kansas City, who represents the state's western district, and Ronald J. Scaggs, president of the Missouri Police Chiefs Association.
In a separate letter to Inspector General Michael Bromwich, Mr. Bond said the lobbying campaign appeared to be "highly improper -- at a maximum they may be violations of federal law." He asked the inspector general to investigate the matter, discover the amount of federal funds expended on the campaign and determine the legality of Justice Department actions in the matter.
Investigators from the inspector general's office have met several times with Mr. Bond's staff to discuss the probe, according to department sources, although no final report has been made to the senator's office. Mr. Bond's office declined yesterday to discuss the matter, saying it had not yet been resolved.
Separate letters questioning whether Mr. Dowd violated the law by using taxpayers' money to campaign on a state issue were sent to the Justice Department by Rep. Kenny Hulshof, Missouri Republican, and Harold Volkmer, a former Missouri congressman.
Mr. Danforth, a former three-term Republican senator from Missouri, and Mr. Dowd, a lifelong Democrat who left his government job to go into private practice at Mr. Danforth's St. Louis firm, did not return telephone messages for comment.
Robert Buenger, the firm's director of client relations, told The Washington Times he had "no comment" on the Justice Department probe.
When questions were first raised in April about Mr. Dowd's involvement in the Proposition B campaign, he told the media it was "absolutely proper for me to comment on a matter relating to law enforcement and public safety."
But in the March 10 letter, Mr. Dowd not only urged recipients to oppose the pending referendum, but suggested they begin grass-roots lobbying campaigns across the state. He announced the creation of a toll-free number through which callers could obtain anti-referendum materials for distribution. The letter, which went to state and local law enforcement officers throughout Missouri, was written on Justice Department stationery by Justice Department officials, who also manned the toll-free telephone number.
The letter said: "While opinions vary about this issue, one thing is certain.
This is a dangerous law for those of us in law enforcement and the citizens we protect and serve. We urge you to get out and inform your communities about the dangers involved in passage of Proposition B. If you'd like materials to distribute, please contact" officials in their offices.
Mr. Bond, in his letter to Miss Reno, said a review of the document was "troubling at best and illegal at worst." He said it showed the Justice Department was funding the mailing campaign, the toll-free number, the lobbying materials, as well as the salaries of Mr. Dowd, Mr. Hill and their staffs.
Missouri residents voted in large numbers on April 6 to defeat the referendum by 52 percent to 48 percent. More than a million people turned out.
Thirty-one other states allow residents to carry concealed guns, but those measures were enacted by legislators. Those working against the referendum included first lady Hillary Rodham Clinton, who recorded a telemarketing message targeted at women saying Proposition B was "just too dangerous for Missouri families."
In the Waco probe, Mr. Danforth will investigate whether federal officials made false or misleading statements, withheld or destroyed evidence, used incendiary or pyrotechnic devices, started or contributed to the spread of the fire, or engaged in gunfire. He also can probe if there was any illegal use of the Army's Delta Force. The April 19, 1993, raid on the Branch Davidian compound ended in a wind-swept fire that killed 86 persons, including 24 children.
He said the naming of a qualified staff to conduct the probe was a high priority. The "quality of the product we hope to produce is going to depend upon the quality of the people we get to produce it," he said. He described Mr. Dowd as "a very respected prosecutor."

WACO - Special investigator John Danforth visited briefly Monday with parents of a man killed in the Branch Davidian standoff when he and three aides made an unannounced tour of the ruins of the sect's compound near Waco.
"I'm real sorry about the loss of your son," he told Eugene and Filomena Hipsman of Chester, N.Y. The couple were visiting the compound for the first time since their 27-year-old son, Peter, died six years ago in the gunfight with federal agents that began the 1993 siege.
Mr. Danforth's visit came on the same day that U.S. District Judge Walter Smith authorized a 28-day delay in depositions in a pending wrongful death lawsuit filed by Branch Davidians against the federal government, a delay that Mr. Danforth sought last week to allow time to gear up his investigation.
"I have no desire to hamper your investigation in any way," Judge Smith wrote in a two-page letter to the former Missouri Republican senator.
"You have taken on a difficult, thankless job, and I applaud you for being willing to do so," the judge wrote Monday. "It is my fervent hope that your investigation, and certainly to a lesser extent, the civil proceedings here, will help restore the public's confidence in its government."
Mr. Danforth viewed the ruins of the compound, about seven miles east of Waco, along with deputy assistant investigator Ed Dowd, and several aides.
The group first circled the site in a McLennan County Sheriff's Department helicopter and then walked around it with Sheriff Jack Harwell, a veteran central Texas lawman who personally tried to persuade the Branch Davidians to surrender during the 51-day standoff.
"He wanted the lay of the land. That's all it was," said Sheriff Harwell, who arranged the tour after Mr. Danforth called to request it late last week.
"He's sticking with his word. He's not looking for judgment calls. He's looking for facts on what he said he was after last week: the dark questions about what the government did."
Soon after Mr. Danforth's party arrived in two unmarked government sedans, the Hipsmans approached him and began sharing their concerns about the government's actions against the Branch Davidians.
Mr. Hipsman, a former firefighter, said he was particularly bothered that FBI agents had knocked massive holes in the Branch Davidian compound when they tried to end the standoff with a tear-gas assault on April 19, 1993. The compound burned six hours into the assault with leader David Koresh and more than 80 followers inside. Investigators later ruled the blaze was deliberately set by the building's occupants.
Mr. Hipsman said he feared the tank holes allowed gusting winds of more than 30 mph to race through the compound, feeding the raging fire. "It was like they were making a bomb out of the place," he said.
Mr. Danforth listened attentively, telling the couple: "I come into this with no preconceived ideas at all. . . . We are just trying to get as much input as we can."
Attorney General Janet Reno appointed Mr. Danforth earlier this month to lead an independent review of the government's actions in the siege. After his announcement was made public, he said he intends to answer persistent and troubling questions about whether the government killed Branch Davidians or tried to cover up its actions in Waco.
His appointment followed a Justice Department admission that the FBI used at least two tear-gas grenades capable of sparking a fire on April 19, directly violating orders of Ms. Reno. The admission came only after a former senior FBI official told The Dallas Morning News last month that use of the devices "was common knowledge" among the FBI's hostage rescue team.
Authorities said the devices played no role in the compound fire, and Ms. Reno was not told about them until after the FBI official's admission. Their discovery after six years of public denials infuriated Ms. Reno and deeply embarrassed her department and the FBI.
After visiting with the Hipsmans, Mr. Danforth walked for more than an hour around the compound, pausing occasionally to read signs and plaques erected by surviving sect members and their sympathizers.
Mr. Danforth asked a sheriff's deputy to take pictures of several signs marking different sections of the compound and other features at the site.
His party also shooed away media photographers who happened upon them, saying they had hoped to visit without publicity.
Sheriff Harwell said he answered questions and pointed out prominent areas, including the underground bunker that was the intended target of the two pyrotechnic tear-gas grenades fired by the FBI.
"You have to see the area out there to understand," Sheriff Harwell said. "He just wanted to get a layout of the building."
The sheriff added that he was grateful that Mr. Danforth had taken the time to travel from his base in St. Louis and walk the site. "I think we have a good man in the senator," he said. "If there's something there, he'll find it."

WACO - Special investigator John Danforth visited briefly Monday with parents of a man killed in the Branch Davidian standoff when he and three aides made an unannounced tour of the ruins of the sect's compound.
"I'm real sorry about the loss of your son," he told Eugene and Filomena Hipsman of Chester, N.Y. The couple were visiting the compound for the first time since their 27-year-old son, Peter, died six years ago in the gunfight with federal agents that began the 1993 siege.
Mr. Danforth's visit came the same day that U.S. District Judge Walter Smith authorized a four-week delay in depositions in a pending wrongful death lawsuit filed by Branch Davidians against the federal government, a delay that Mr. Danforth sought last week to allow time to gear up his investigation.
"I have no desire to hamper your investigation in any way," Judge Smith wrote in a two-page letter to the former Missouri Republican senator.
"You have taken on a difficult, thankless job, and I applaud you for being willing to do so," the judge wrote Monday. "It is my fervent hope that your investigation, and certainly to a lesser extent, the civil proceedings here, will help restore the public's confidence in its government."
Mr. Danforth viewed the ruins of the compound, about seven miles east of Waco, along with deputy assistant investigator Ed Dowd and several aides.
The group first circled the site in a McLennan County Sheriff's Department helicopter and then walked around it with Sheriff Jack Harwell, a veteran Central Texas lawman who personally tried to persuade the Branch Davidians to surrender during the 51-day standoff.
"He wanted the lay of the land. That's all it was," said Sheriff Harwell, who arranged the tour after Mr. Danforth called to request it late last week.
"He's sticking with his word. He's not looking for judgment calls. He's looking for facts on what he said he was after last week: the dark questions about what the government did."
Soon after Mr. Danforth's party arrived in two unmarked government sedans, the Hipsmans approached the investigator and began sharing their concerns about the government's actions against the Branch Davidians.

Lingering questions

Mr. Hipsman, a former firefighter, said he was particularly bothered that FBI agents had knocked massive holes in the Branch Davidian compound when they tried to end the standoff with a tear-gas assault on April 19, 1993. The compound burned six hours into the assault with leader David Koresh and more than 80 followers inside. Investigators later ruled the blaze was deliberately set by the building's occupants.
Mr. Hipsman said he feared the tank holes allowed gusting winds of more than 30 mph to race through the compound, feeding the raging fire. "It was like they were making a bomb out of the place," he said.
Mr. Danforth listened attentively, telling the couple: "I come into this with no preconceived ideas at all. . . . We are just trying to get as much input as we can."
Attorney General Janet Reno appointed Mr. Danforth earlier this month to lead an independent review of the government's actions in the siege. Mr. Danforth has said he intends to answer persistent and troubling questions about whether the government killed Branch Davidians or tried to cover up its actions in Waco.
His appointment followed a Justice Department admission that the FBI used at least two tear-gas grenades capable of sparking a fire on April 19, directly violating Ms. Reno's orders . The admission came only after a former senior FBI official told The Dallas Morning News last month that use of the devices "was common knowledge" among the FBI's hostage rescue team.
Authorities said that the devices played no role in the compound fire and Ms. Reno was not told about them until after the FBI official's admission. Their discovery after six years of public denials infuriated Ms. Reno and embarrassed her department and the FBI.
After visiting with the Hipsmans, Mr. Danforth walked around the compound for more than an hour, pausing occasionally to read signs and plaques erected by surviving sect members and their sympathizers.
Mr. Danforth asked a sheriff's deputy to take pictures of several signs marking different sections of the compound and other features at the site. His party also shooed away media photographers who happened upon them, saying they had hoped to visit without publicity.
Sheriff Harwell said he answered questions and pointed out prominent areas, including the underground bunker that was the intended target of the two pyrotechnic tear-gas grenades fired by the FBI.
"You have to see the area out there to understand," Sheriff Harwell said. "He just wanted to get a layout of the building."
The sheriff added that he was grateful that Mr. Danforth had taken the time to travel from his base in St. Louis and walk around the site. "I think we have a good man in the senator," he said. "If there's something there, he'll find it."

Unprecedented order

The visit was 10 days before an unprecedented court-ordered deadline requiring the government to turn over every document and piece of evidence even remotely connected with the 1993 incident.
Government lawyers initially tried to fight the August order by Judge Smith but told the judge last week that they would submit.
On Monday, civil Justice Department lawyers and U.S. Attorney Mike Bradford, an East Texas federal prosecutor recently assigned to oversee the matter, wrote the judge to pledge "full cooperation."
They also said they would accept a delay in formal questioning of witnesses in the case. Mr. Danforth had said a delay was needed to ensure that his investigators could question key witnesses before adversarial depositions. Judge Smith recently canceled a mid-October trial date for the lawsuit, in which Branch Davidians have alleged that government negligence or deliberate actions - including FBI gunfire - caused the 1993 tragedy. Government lawyers have vehemently denied the allegations, maintaining that the FBI did not fire a shot during the siege.
Branch Davidian lawyer Mike Caddell of Houston wrote the judge late last week to endorse a two-week delay of depositions in the case.
"What we're interested in is having the truth come out," he said Monday. "I think the special counsel interviewing government witnesses before their deposition may be the best way to ensure that."
On Monday, Judge Smith agreed to the delay in depositions and also approved an added 10-day warning to Mr. Danforth before depositions are scheduled.
"I can't believe that there are very many potential witnesses who have not already been interviewed by somebody," the judge wrote. "If however, the parties do not oppose your request, it will be done."