Here are some FBI memos re the investigation of media leaks.
In early August 2002, the head of the District of Columbia Field Office initiated a leak investigation related to Amerithrax information. The first leak investigation concerned leak of bloodhound story to Newsweek (according to email discussed in deposition of lead prosecutor Daniel Seikaly in which he repeatedly pled the Fifth Amendment). A memo from DC Field Office head Van Harp read:
TO: OPR
NSD
From: Washington Field
ADIC’s Office: Harp Van A (202) xxx-xxxx
***
Title: UNSUB
UNAUTHORIZED DISCLOSURE AND/OR
MEDIA LEAK IN CONNECTION WITH THE
AMERITHRAX INVESTIGATION
***
[REDACTED]
[REDACTED]
The appearance of this information in the media affects the conduct of this investigation as well as the morale of the dedicated personnel who have expended enormous energy and effort on this investigation.
As such, I am requesting that either a media leak or OPR investigation be initiated. In the event a leak investigation is initiated then the enclosed LRM should be hand delivered to AAG Chertoff. [REDACTED]
The investigation was closed in October 2002. The memo read:
Date: October 8, 2002
To: Mr. H. Marshall Jarrett
Counsel
Office of Professional Responsibility
United States Department of Justice
From: David W. Szady
Assistant Director
Counterintelligence Division
Subject: [REDACTED[
The purpose of this memorandum is to notify your office of the closing of the FBI’s criminal investigation of the captioned media leak matter. It is the understanding of the FBI that your continUed investigation of this matter will be pursued by your office.
[REDACTED]
***
After a January 9, 2003 “exclusive” report by ABC’s Brian Ross that the FBI was focusing on Hatfill and was going to conduct a second round of interviews with other former and current government scientists so that they might rule them out by the process of elimination, the FBI initiated a second media leak investigation. This time it was to proceed with “extreme zeal.”
The memo read:
Precedence: PRIORITY Date: 1/13/2003
To: Director’s Office
Washington Field
From: Washington Field
Contact Richard L. Lambert 202-xxx-xxxx
Approved by: Harp Van
Lambert Richard L
Title: AMERITHRAX
MAJOR CASE 184
00: WFO
Synopsis: To request the opening of new OPR media leak investigation regarding captioned case.
[large redacted passages]
To demonstrate the seriousness with which the FBI views this matter, it is requested that the OPR inquiry commence with an interview of IIC Rick Lambert who will waive all Fifth Amendment privileges and accede to a voluntary polygraph examination to set a tone of candor, forthrightness and cooperation.
[redacted]
The instant matter is the second unauthorized media disclosure to occur in this investigation. Its potential detriment to the effective prosecution of the case is substantial. Accordingly, in the interests of both specific and general deterrence, the Inspector in Charge requests that this OPR inquiry be pursued with unprecedent zeal.
It still looks like the FBI planted false information with Seikaly at the DOJ to see if he'd leak it. When he did, the FBI had no way to prosecute someone in the DOJ without help from the DOJ, so they let the people at the DOJ handle it. Seikaly left the DOJ, and he's still sweating out possible prosecution. The FBI got what it wanted: They stopped Seikaly from leaking any more information.
Not every criminal ends up in jail. This looks like a negotiated resulution that caused the least embarrassment to all concerned.