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Hatfill v. US - DOJ and FBI Statement of Facts (filed Friday)
US DOJ and FBI Memorandum In Support of Motion For Summary Judgment (Statement of Facts) | April 11, 2008 | Department of Justice

Posted on 04/13/2008 8:20:52 AM PDT by ZacandPook

On Friday, the government filed this statement of the facts in its memorandum in support of its motion for summary judgment in a civil rights and Privacy Act lawsuit brought by Dr. Steve Hatfill.

“The anthrax attacks occurred in October 2001. Public officials, prominent members of the media, and ordinary citizens were targeted by this first bio-terrorist attack on American soil. Twenty-two persons were infected with anthrax; five died. At least 17 public buildings were contaminated. The attacks wreaked havoc on the U.S. postal system and disrupted government and commerce, resulting in economic losses estimated to exceed one billion dollars. The attacks spread anxiety throughout the nation – already in a heightened state of alert in the wake of the attacks of September 11 – and left behind a lasting sense of vulnerability to future acts of bioterrorism. Given the unprecedented nature of the attacks, the investigation received intense media attention. Journalists from virtually every news organization pursued the story, sometimes conducting their own worldwide investigation to determine the person or persons responsible for the attacks and the motive behind them.

A. Journalistic Interest In Hatfill That Predates Alleged Disclosures

Testimony has revealed that at least certain members of the media began focusing their attention upon Hatfill in early 2002 because of tips they had received from former colleagues of his who found him to be highly suspicious. Articles about Hatfill thus began to appear in the mainstream press and on internet sites as early as January of 2002, and continued until the first search of his apartment on June 25, 2002, which, in turn, led to even more intense press attention.

Barbara Hatch Rosenberg, a Professor at the State University of New York, for example, complained in January and February 2002 on the Federation of American Scientists’ (“FAS”) website of the FBI’s apparent lack of progress on the investigation, and described generally the person she believed was the “anthrax perpetrator.” “Analysis of Anthrax Attacks,” Possible Portrait of the Anthrax Perpetrator (Section IV.6), Defendant’s Appendix , Ex. 1. Rosenberg did not identify Hatfill by name, but described him in sufficient detail: a “Middle-aged American” who “[w]orks for a CIA contractor in Washington, DC area” and [w]orked in USAMRIID laboratory in the past” and “[k]nows Bill Patrick and probably learned a thing or two about weaponization from him informally.” Id. In his amended complaint, Hatfill states that “Professor Rosenberg’s ‘Possible Portrait of the Anthrax Perpetrator’ . . . described [him].”

In addition to her postings on the FAS website, Professor Rosenberg also presented a lecture on February 18, 2002 at Princeton University’s Woodrow Wilson School of Public and International Affairs, entitled “The Anthrax Attacks and the Control of Bioterrorism.” Ex. 2. During the course of her lecture, Rosenberg stated that she had “draw[n] a likely portrait of the perpetrator as a former Fort Detrick scientist who is now working for a contractor in the Washington, D.C, area[.]” Ex. 3. Rosenberg also commented upon Hatfill’s whereabouts on the date of the attacks, stating that “[h]e had reason for travel to Florida, New Jersey and the United Kingdom” – where the attacks had been and from which the letters had been purportedly sent – that “[h]e grew [the anthrax], probably on a solid medium, and weaponised it at a private location where he had accumulated the equipment and the material.” Id. Rosenberg also stated that the investigation had narrowed to a “common suspect[,]” and that “[t]he FBI has questioned that person more than once[.]” Id. Former White House Spokesperson, Ari Fleischer, immediately responded to Rosenberg’s comments, stating that there were several suspects and the FBI had not narrowed that list down to one. Ex. 4. The FBI also issued a press release, stating that it had “interviewed hundreds of persons, in some instances, more than once. It is not accurate, however, that the FBI has identified a prime suspect in this case.” Id. Rosenberg’s comments and writings were subsequently pursued by The New York Times (“The Times”). In a series of Op-Ed articles published from May through July 2002, Nicholas Kristof, a journalist with The Times, accused Hatfill of being responsible for the anthrax attacks. Kristof wrote on May 24, 2002 that the FBI was overlooking the anthrax perpetrator, noting that “experts” (Professor Rosenberg) point “to one middle-aged American who has worked for the United States military bio-defense program and had access to the labs at Fort Detrick, Md. His anthrax vaccinations are up to date, he unquestionably had the ability to make first-rate anthrax, and he was upset at the United States government in the period preceding the anthrax attack.” Ex. 5.

Hatfill first noticed the Kristof columns in May 2002. Hatfill Dep. Tran. in Hatfill v. The New York Times, No. 04-807 (E.D.Va.), Ex. 6, at 13: 3-6. According to Hatfill, “[w]hen Mr. Kristof’s article appeared, it was the first [time] that [he] realized that [his] name [was] in the public domain with connection with an incident of mass murder.” Id. at 16:15-18. Hatfill has charged that The Times began the “entire conflagration and gave every journalist out there reason to drive this thing beyond any sort of sanity. Mr. Kristof lit the fuse to a barn fire and he repeatedly kept stoking the fire.” Id. at 43:19 - 44:1. In July 2004, Hatfill thus filed suit alleging that these articles libeled him by falsely accusing him of being the anthrax mailer. Complaint, Hatfill v. The New York Times, No. 04-807 (E.D.Va.), Ex. 7.

Hatfill alleges in that lawsuit that “Kristof wrote his columns in such a way as to impute guilt for the anthrax letters to [him] in the minds of reasonable readers.” Id. ¶ 12. The articles, Hatfill claimed, which described his “background and work in the field of bio-terrorism, state or imply that [he] was the anthrax mailer.” Id. ¶ 14. Hatfill specifically alleged that statements in Kristof’s articles were false and defamatory, including those that stated that he: (1) “‘unquestionably had the ability to make first-rate anthrax’”; (2) “had the ‘ability’ to send the anthrax”; (3) “had the ‘access’ required to send the anthrax”; (4) “had a ‘motive’ to send the anthrax”; (5) “was one of a ‘handful’ of individuals who had the ‘ability, access and motive to send the anthrax’”; (6) “had access” to an ‘isolated residence’ in the fall of 2001, when the anthrax letters were sent”; (7) “‘gave CIPRO [an antibiotic famously used in the treatment of anthrax infection] to people who visited [the ‘isolated residence’]”; (8) his “anthrax vaccinations were ‘up to date’ as of May 24, 2002”; (9) he “‘failed 3 successive polygraph examinations’ between January 2002 and August 13, 2002”; (10) he “‘was upset at the United States government in the period preceding the attack’”; (11) he “‘was once caught with a girlfriend in a biohazard ‘hot suite’ at Fort Detrick [where Hatfill had concedely worked] surrounded only by blushing germs.’” Id. ¶ 16 (brackets in original). Hatfill alleges in his lawsuit against The Times that “[t]he publication of [Kristof’s] repeated defamation of [him] . . .gave rise to severe notoriety gravely injurious to [him].” Id. ¶ 29. The injury, Hatfill alleged, “was [made] all the more severe given the status and journalistic clout of The Times.” Id. This harm was compounded, Hatfill alleged, by the fact that these articles were “thereafter repeatedly published by a host of print and on-line publications and on the television and radio news” in the following months. Id., ¶ 30.

The case was initially dismissed by the trial court. Hatfill v. The New York Times, No. 04-807, 2004 WL 3023003 (E.D.Va.). That decision was reversed by the United States Court of Appeals, Fourth Circuit, 416 F.3d 320 (4th Cir. 2005). Upon remand, the trial court granted The Times summary judgment, finding that Hatfill was a public figure and public official and had failed to present evidence of malice. Hatfill v. The New York Times, 488 F. Supp. 2d 522 (E.D. Va. 2007). In arriving at that conclusion, the court considered Hatfill’s repeated media interviews before the attacks; the fact that he had “drafted a novel, which he registered with [the] United States Copyright office, describing a scenario in which a terrorist sickens government officials with a biological agent”; and had lectured on the medical effects of chemical and biological agents. Id. at 525.

Although not recited by the district court in The New York Times litigation, Hatfill also talked directly to reporters about his suspected involvement in the attacks. Brian Ross of ABC News, and his producer, Victor Walter, for example, talked separately to Hatfill on two to three occasions as early as January and February 2002, Ross Dep. Tran., Ex. 8, at 263:14 - 270:1, and continued talking to Hatfill until May of that year. Id. Ross also spoke to Hatfill’s friend and mentor, William Patrick, about Hatfill. Id. at 287:9 - 295:12. These meetings were prompted by discussions ABC News had in January 2002 with eight to twelve former colleagues of Hatfill at the United States Army Medical Research Institute of Infectious Diseases (“USAMRIID”). Id. at 242:7 - 246:14. Hatfill’s former colleagues found him to be “highly suspicious because of a number of things he had done when he worked at [USAMRIID], and this behavior was strange "and unusual and they felt that he was a likely candidate.” Id. at 242: 7-17. These meetings were also prompted by ABC News’s own investigative reporting into Hatfill’s background; the more ABC News learned “the more interested [they] became” in Hatfill. Id. at 264: 14-15.

Scott Shane of the Baltimore Sun also spoke to Hatfill in February 2002. Shane also spoke to USAMRIID employees who had worked with Hatfill. Ex. 9. These employees stated that they had been questioned by the FBI and “asked about a former Fort Detrick scientist” – Hatfill – “who returned a few years ago and took discarded biological safety cabinets, used for work with dangerous pathogens.” Id. at 1. These employees claimed that Hatfill “ha[d] expertise on weaponizing anthrax and ha[d] been vaccinated against it[.]” Id. Shane also called one of Hatfill’s former classmates, who was “plagued” by questions from the Baltimore Sun and others within the media regarding Hatfill’s “alleged involvement with the large anthrax outbreak in Zimbabwe[.]” Ex. 10. According to Hatfill, this classmate was told by Shane that Hatfill was purportedly responsible for “mailing the anthrax letters and also starting the [anthrax] outbreak in Zimbabwe/ Rhodesia twenty years before.” Ex. 11, at AGD29SJH00014; see also e-mail to Hatfill fr. DF Andrews, dated Mar. 1, 2002, Ex. 10. Hatfill told Shane in February 2002 that he had been “questioned by the FBI” and that “he considered the questioning to be part of a routine effort to eliminate people with the knowledge to mount [the] attack.” Ex. 9. Hatfill also confirmed for Shane that he had taken an FBI polygraph. Ex. 12, at 2. In March 2002, Hatfill left Shane a frantic telephone message reportedly stating how he had “been [in the bioterrorism] field for a number of years, working until 3 o’clock in the morning, trying to counter this type of weapon of mass destruction” and fearing that his “career [was] over at [that] time.” Ex. 13, at 2. According to Hatfill, Shane later Case 1:03-cv-01793-RBW Document 232-2 Filed 04/11/2008 Page 17 of 73

____ Hatfill did not sue either Shane or Rosenberg, even though Hatfill has stated that Rosenberg “caused” the focus on him. Ex. 14, at 10. Because Hatfill believed that the portrait Rosenberg painted at the February 2002 Princeton conference and in her website postings was so identifying and incriminating, however, Hatfill advised Rosenberg through his lawyers that “before [she] get[s] close to describing him in the future, by name or otherwise, [that she] submit [her] comments for legal vetting before publishing them to anyone.” Ex. 15. There is no evidence that the agency defendants bore any responsibility for the media presence. Information about FBI searches is routinely shared with a variety of state and local law enforcement authorities. Roth Dep. Tran., Ex. 16, at 163:5 -165:21; Garrett Dep. Tran. Ex. 17, at 79: 8-18. ______

compounded Hatfill’s problems by calling his then-employer, Science Applications International Corporation (“SAIC”), and accusing Hatfill of being responsible for the anthrax attacks, Ex. 11, at AGD29SJH00014, which, according to Hatfill, cost him his job as a contractor at SAIC. Id. 1

The media frenzy surrounding Hatfill intensified upon the search of his apartment on June 25, 2002, and the search of a refrigerated mini-storage facility in Ocala, Florida on June 26, 2002. Both were witnessed by the media, and the search of his apartment was carried live on national television. In addition to the television coverage, the searches generated a slew of articles about Hatfill throughout the media, one fueling the next. The Associated Press, for example, detailed in an article, dated June 27, 2002, Hatfill’s (1) work as biodefense researcher, including studies he had conducted at SAIC, and the work he had done at the USAMRIID; (2) his educational background; (3) where he had previously lived; and (4) security clearances he had held and the suspension of those clearances. Ex. 18. The Hartford Courant reported these same details, and additional information regarding Hatfill’s purported service in the Rhodesian army. Ex. 19. The next day -- June 28, 2002 -- the Hartford Courant reported details about Hatfill’s background in biological warfare, his vaccinations against anthrax, questioning that purportedly had occurred among Hatfill’s colleagues, his educational background (including the claim that he had attended medical school in Greendale), and lectures that he had given on the process of turning biological agents into easily inhaled powders. Ex. 20. None of this information is attributed to a government source.

B. Hatfill’s Public Relations Offensive

In July 2002, after these reports and after the first search of Hatfill’s apartment on June 25, 2002, Hatfill retained Victor Glasberg as his attorney. Glasberg Dep. Tran., Ex. 21, at 12: 16-19. Glasberg believed that “any number of people in the media [had] overstepped their bounds. . . . prior to July of 2002 .” Id. at 141:1 - 142:6. To counter this information, Hatfill set out on a “public relations offensive” of his own to “turn [the] tide.” Id. at 138: 20-21, 178: 12-13.

Recognizing that Hatfill “continue[d] [to] get[] killed with bad press, national as well as local[,]” Hatfill drafted a statement and Glasberg forwarded that statement in July 2002 to Hatfill’s then-employer at Louisiana State University (“LSU”). Ex. 11, at 1. The statement detailed Hatfill’s background, including his medical training and employment history, and provided details about Hatfill’s involvement in the anthrax investigation, including how he had been interviewed by the FBI and had taken a polygraph examination. Id. at AGD29SJH00002-13. Hatfill’s statement corroborated the conversations that Hatfill reportedly had with Scott Shane of the Baltimore Sun in February 2002, and how that interaction had purportedly cost Hatfill his job at SAIC in March 2002. Id. at AGD29SJH00014.

In his July statement, Hatfill was careful not to blame DOJ or the FBI for his troubles or for any wrongdoing for the information about him that had made its way into the press. He touted the professionalism of the FBI, noting that “[t]he individual FBI agents with whom [he had come] in contact during this entire process are sons and daughters of which America can be justifiably proud. They are fine men and women doing their best to protect this country.” Id. at AGD29SJH00016. Hatfill’s objection lay with the media, whom he labeled as “irresponsible[,]” for trading in “half-truths, innuendo and speculation, making accusations and slanting real world events . . . to gain viewer recognition, sell newspapers, and increase readership and network ratings.” Id.

As the investigation proceeded, however, Glasberg publicly criticized investigators on the date of the second search of Hatfill’s apartment, August 1, 2002, for obtaining a search warrant rather than accepting the offer Glasberg had allegedly made to cooperate. Ex. 22. So angry was Glasberg with investigators that he wrote a letter, dated the same day as the search, to Assistant United States Attorney Kenneth C. Kohl, denouncing the fact that the search had been conducted “pursuant to a search warrant.” Ex. 23. Glasberg forwarded a copy of this letter to Tom Jackman of the Washington Post, and to the Associated Press, the morning of August 1st. Glasberg, Dep. Tran., Ex. 24, at 265:12 - 266:5; see also Ex. 25 (Glasberg memorandum to file, stating, among other things, that Glasberg showed Jackman Kohl letter on August 1, 2002).

On the day of the search, an FBI spokeswoman at the Bureau’s Washington field office, Debra Weierman, “confirmed that the search was part of the government’s anthrax investigation.” Ex. 25. Weierman added, however, that “she was unable to confirm that [investigators were acting on a search warrant] or to provide any further information about the search.” Id.

The next day – August 2, 2002 – Glasberg faxed the Kohl letter to members of the media. Ex. 26. In the fax transmittal sheet accompanying the Kohl letter, Glasberg also advised the media that: Dr. Hatfill was first contacted by the FBI earlier this year, as part of the Bureau’s survey of several dozen scientists working in fields related to biomedical warfare. He was voluntarily debriefed and polygraphed, and voluntarily agreed to have his home, car and other property subjected to a lengthy and comprehensive search by the FBI. He and his lawyer Tom Carter were told that the results were all favorable and that he was not a suspect in the case. Id. at AGD16SJH03106. Subsequent to the fax transmittal by Glasberg, Weierman confirmed that the search had been conducted pursuant to a search warrant, but only after receiving appropriate authorization from her superiors. Weierman Dep. Tran., Ex. 27, at 93:16 - 94:14.

Hatfill had also accompanied Glasberg for his interview with Jackman the day before to address the “media feeding frenzy.” Ex. 28. Glasberg provided Jackman with the promise of an “[e]xclusive personal statement” from Hatfill and the promise of “[n]o other press contacts pending publication” of the article. Id. Glasberg thus provided Jackman background information about Hatfill, Rosenberg’s statements, and other publications. Ex. 25. Hatfill reportedly complained to the Washington Post in the interview about the media feeding frenzy, and about how his “friends are bombarded” with press inquiries. Ex. 29, at 1. Hatfill also complained about the “[p]hone calls at night. Trespassing. Beating on my door. For the sheer purpose of selling newspapers and television.” Id.

C. Attorney General Ashcroft’s Person of Interest Statements

Following this “media frenzy,” not to mention the two searches of Hatfill’s apartment, former Attorney General John Ashcroft was asked on August 6, 2002 (at an event addressing the subject of missing and exploited children) about Hatfill’s involvement in the investigation. Jane Clayson of CBS News asked General Ashcroft about the searches and whether Hatfill was a “suspect” in the investigation. Ex. 30, at 2. General Ashcroft responded that Hatfill was a “person of interest.” General Ashcroft cautioned, however, that he was “not prepared to say any more at [that] time other than the fact that he is an individual of interest.” Id. At the same media event, Matt Lauer of NBC News also asked General Ashcroft whether Hatfill was a “suspect” in the investigation. Ex. 31. General Ashcroft responded that Hatfill was a “person that – that the FBI’s been interested in.” Id. at 2. General Ashcroft cautioned that he was “not prepared to make a . . . comment about whether a person is officially a . . . suspect or not.” Id.

General Ashcroft made the same comments at a news conference in Newark, New Jersey on August 22, 2002, stating that Hatfill was a “person of interest to the Department of Justice, and we continue the investigation.” Ex. 32, at 1. As in his previous statements, General Ashcroft refused to provide further comment. Id. When asked upon deposition why he referred to Hatfill as a “person of interest” in the anthrax investigation in response to these media inquiries, General Ashcroft testified that he did so in an attempt to correct the record presented by the media that he was a “suspect” in the investigation, which he believed served a necessary law enforcement purpose. Ashcroft Dep. Tran., Ex. 33, at 81: 5-12; 103:18; 108: 9-13; 138: 5-7; 125: 18-21; 134:22 - 136:8. Prior to making these statements, General Ashcroft did not review or otherwise consult any investigative record, id. at 128:14 - 129:12, much less any record pertaining to Hatfill.

General Ashcroft’s initial statements on August 6, 2002 were followed, on August 11, 2002, by the first of Hatfill’s two nationally televised press conferences. Ex. 34. During his press conference, Hatfill lashed out at Rosenberg and other journalists and columnists who he believed wrote a series of “defamatory speculation and innuendo about [him].” Id. at 3. In apparent response to the “person of interest” statements, by contrast, he stated that he did “not object to being considered a ‘subject of interest’ because of [his] knowledge and background in the field of biological warfare.” Id. at 4. This was consistent with Hatfill’s statement to ABC News earlier in 2002 in which he stated that “his background and comments made him a logical subject of the investigation.” Ex. 35. As noted, moreover, Glasberg told the media -- almost a week before the first of General Ashcroft’s statements -- that “Hatfill was first contacted by the FBI [earlier that] year, as part of the Bureau’s survey of several dozen scientists working in fields related to biomedical warfare. He was voluntarily debriefed and polygraphed, and voluntarily agreed to have his home, car and other property subjected to a lengthy and comprehensive search by the FBI.” Ex. 26.

Hatfill’s second press conference was held on August 25, 2002. In the flyer publicizing the conference, Hatfill identified himself to the media -- in bold lettering -- as “the ‘person of interest’ at the center of the federal Government’s [anthrax] investigation.” DA, Exhibit 36.

D. Clawson’s “Sunshine” Policy

Patrick Clawson joined the Hatfill team in early August 2002 as spokesperson and “fielded hundreds of inquiries from members of the press worldwide regarding Dr. Hatfill[.]” Ex. 12, at 13. Clawson believed it best to employ a media strategy that would, in his words, “let it all hang out.” Id. at 50:10. Clawson felt that “permitting maximum sunshine into . . . Hatfill’s existence would do both him and the public the best good.” Clawson Dep. Tran., Ex. 37, at 50:16-18.

“The majority of Clawson’s communications with the press regarding this case have been oral and by telephone and he did not keep a press log or any other regular record of such contacts with the press.” Ex. 12, at 13. Clawson nonetheless admitted upon deposition that he revealed numerous details about Hatfill’s personal and professional background to members of the press (Clawson Dep. Tran., Ex. 37, at 101:9 - 105:21), including Hatfill’s professional expertise (id. at 103:10 - 105:21), use of Cipro (id. at 123:16 - 130:11, 248: 8-13), whereabouts on the days of the attacks (id. at 148:12 - 158:10, 361:15 - 362:3), expertise in working with anthrax (id. at 194:13 - 195:8), former service in the Rhodesian Army (id. at 210:9 - 211:10), and drunk driving arrest (id. at 795: 7-9, 798: 4-6). Clawson also told reporters what had been purportedly removed from Hatfill’s apartment during the two searches of his apartment on June 25, 2002 and August 1, 2002 (including medical books and a jar of bacillus thuringiensis (“BT”)) (id. at 121: 6-12, 131:2 - 131:12, 14:8 - 147:3, 313: 3-10). Clawson also freely relayed to the press that bloodhounds had been presented to Hatfill during the investigation (id. at 200: 15-19); that Hatfill had been the subject of surveillance (id. at 123:12-15, 428: 19-21); that Hatfill had taken polygraphs (id. at 135:16 - 137:17); and that he had submitted to blood tests (id. at 137:18-138:5, 347: 6-10).

In furtherance of Clawson’s “sunshine” policy, Hatfill, Clawson, and Glasberg, together, provided countless on-the-record, on-background (i.e., for use, but not for attribution), and off-the-record (i.e., not for attribution or use) interviews to counter misinformation. Although Hatfill repeatedly claimed upon deposition not to remember what he said during these interviews, he acknowledged in his responses to the Agency Defendants’ interrogatories having such conversations with, in addition to Mr. Jackman, Judith Miller of The New York Times, Jeremy Cherkis of the City Paper, Guy Gugliotta of the Washington Post, David Kestenbaum of National Public Radio, Rick Schmidt of the LA Times, Rob Buchanan of NBC Dateline, Jim Popkin of NBC News, Dee Ann David and Nick Horrock of UPI, Gary Matsumato of Fox TV, Bill Gertz of the Washington Times, and David Tell of the Weekly Standard. Ex. 12, at 3-4. With respect to the Matsumato interview, Glasberg warned Hatfill before the interview that he “should not be quoted, nor should Matsumato say or imply that he spoke with him.” Ex. 38, at 1. Glasberg warned Hatfill that “Matsumato must be willing to go to jail rather than reveal word one of anything [he] says on ‘deep background.’” Id.

All of these disclosures became too much even for Glasberg, who attempted to put a stop to them. In August, when Jackman aired his exclusive interview with Glasberg and Hatfill, Glasberg heralded the success of his public relations strategy noting that “Rosenberg, Shane and Kristof are, [each] of them, in varying stages of sulking, licking their wounds, reacting defensively and changing their tune.” Ex. 39. Slowly Glasberg advised both Hatfill and Glasberg to observe “the rule of COMPLETE SILENCE regarding anything and everything about the case[.]” Ex. 40 (emphasis in original). Ultimately, in September 2002, Glasberg ordered Clawson to stand down, noting “[w]hat you know, you know, and you have put virtually all of that into the public record. Fine. That is where we are, and for good or ill we can and will deal with it. But we must put a full stop to any further conveyance of substantive data about ANYTHING from Steve to anyone [but his attorneys].” Ex. 41 (emphasis in original). To no avail. On October 5, 2002, Hatfill and Clawson appeared together at an Accuracy in Media Conference. Hatfill was asked about the reaction of bloodhounds, and stated, I’m not supposed to answer things against . . . but let me tell you something. They brought this good-looking dog in. I mean, this was the best-fed dog I have seen in a long time. They brought him in and he walked around the room. By the way, I could have left at anytime but I volunteered while they were raiding my apartment the second time, I volunteered to talk with them. The dog came around and I petted him. And the dog walked out. So animals like me (laughter). Ex. 42, at 2.

Disclosures from the Hatfill camp to the media continued. For example, between late 2002 and May 8, 2003, Hatfill’s current attorney, Tom Connolly, and CBS News reporter James Stewart had multiple telephone conversations and two lunch meetings. Ex. 43. According to Stewart, Connolly told Stewart that the investigation was focusing on Hatfill, and detailed at great length the FBI’s surveillance of Hatfill. In virtually every one of these conversations, Connolly encouraged Stewart to report on these subjects. Id. at 96.

E. Louisiana State University’s Decision To Terminate Hatfill

At the time of the second search of his apartment in August 2002, Hatfill was working as a contract employee at the Louisiana State University (“LSU”) on a program to train first responders in the event of a biological attack. This program was funded by the Department of Justice’s Office of Justice Programs (“OJP”) as part of a cooperative agreement. Ex. 44. Under the terms of the cooperative agreement, OJP “maintain[ed] managerial oversight and control” of the program. Id. at 2. Following the second search of Hatfill’s apartment on August 1, 2002, Timothy Beres, Acting Director of OJP’s Office of Domestic Preparedness, directed that LSU “cease and desist from utilizing the subject-matter expert and course instructor duties of Steven J. Hatfill on all Department of Justice funded programs.” Ex. 45. LSU, meanwhile, had independently hired Hatfill to serve as Associate Director of its Academy of Counter-Terrorist Education. Following the second search, LSU placed Hatfill on administrative leave. Ex. 46. LSU then requested a background check of Hatfill. Ex. 47. During the course of that investigation, the University became concerned that Hatfill had forged a diploma for a Ph.D that he claimed to have received from Rhodes University in South Africa. Hatfill explained to Stephen L. Guillott, Jr., who was the Director of the Academy of Counter-Terrorist Education at LSU, that “[h]e assumed the degree had, in fact been awarded since neither his [thesis advisor] nor Rhodes University advised him to the contrary.” Ex. 48. LSU’s Chancellor, Mark A. Emmert, made “an internal decision to terminate [LSU’s] relationship with Dr. Hatfill quite independent of [the DOJ e-mail] communication.” Ex. 51.

Hatfill has now testified that in fact he created a fraudulent diploma with the assistance of someone he met in a bar who boasted that he could make a fraudulent diploma. Hatfill Dep. Tran., Ex. 49 at 19:20 - 20:12. Glasberg, moreover, has stated under oath that Hatfill’s earlier attempted explanation was untrue. Glasberg, Dep. Tran., Ex. 21, at 314:10 - 317:2. In a nationally televised 60 Minutes episode that aired in March 2007, Connolly confirmed that Hatfill forged the diploma for the Ph.D from Rhodes University. Ex. 50, at 3.

F. Hatfill’s Amended Complaint

Hatfill claims lost wages and other emotional damages resulting from General Ashcroft’s “person of interest” statements and other for-attribution statements by DOJ and FBI officials. He also seeks to recover for certain other alleged “leaks” by DOJ and FBI officials. Hatfill additionally asserts that the defendants violated the Act by purportedly failing to (1) maintain an accurate accounting of such disclosures, which he asserts is required by section 552a(c) of the Act; (2) establish appropriate safeguards to insure the security and confidentiality of the records that were purportedly disclosed, which he asserts is required by section 552a(e)(10); (3) correct information that was disseminated about him that was inaccurate or incomplete, which he asserts is required by section 552a(e)(5); and (4) establish adequate rules of conduct, procedures, and penalties for noncompliance, or to train employees in the requirements of the Act, which he asserts is required by section 552a(e)(9). Defendants are entitled to summary judgment.”

TOPICS: Anthrax Scare; Breaking News; Extended News; War on Terror
KEYWORDS: amerithrax; anthrax; anthraxattacks; bioterrorism; doj; domesticterrorism; fbi; hatfill; islamothrax; trialbymedia; wmd
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To: EdLake

“A typical virologist would have absolutely no reason to ever create dry spores.”

So was Hatfill lying in his resume when he said he had experience creating dry spores?

141 posted on 04/15/2008 11:07:35 AM PDT by TrebleRebel
[ Post Reply | Private Reply | To 140 | View Replies]

To: EdLake

Do you agree with Paul Goldberg’s review?

Published: December 19, 1999

The Investigation
of a Deadly Outbreak.
By Jeanne Guillemin.
Illustrated. 321 pp. Berkeley:
University of California Press. $27.50.

In April and May 1979, life in the city of Sverdlovsk imitated the dark
fiction of Mikhail Bulgakov. People collapsed from a mysterious
illness. The police shot stray dogs. Workers scrubbed buildings.
Pathologists worked around the clock, and their clients — there were
at least 66 — were buried in lime, under guard, at state expense.

The Soviet government ultimately attributed the outbreak to
anthrax-tainted meat sold by private vendors. Western experts said
anthrax most likely emanated from Compound 19, a military base
suspected of engaging in the development of biological weapons.

Jeanne Guillemin, a Boston College sociologist who served on a team of
American scientists who investigated the outbreak in 1992, describes
this book as a scientific detective story. ‘’I present this
investigation very much in the first person, exposing its process of
fact-finding as both an emotional and an intellectual experience,’’ she
writes. Unfortunately, ‘’Anthrax: The Investigation of a Deadly
Outbreak’’ offers neither the thrill of a detective story nor the
elegance of scholarly discourse.

Had Guillemin established personal connections with the people of
Sverdlovsk (now Yekaterinburg), her book would have been worth the
effort. Instead, she regales us with raw data, preliminary conclusions
and descriptions of stiff personal encounters. Then, on Page 163, she
discloses that seven days before her team’s arrival in Russia,
President Boris Yeltsin, in a newspaper interview, blamed the military
for the anthrax deaths.

Why does Guillemin wait so long to acknowledge that a key witness —
the Sverdlovsk party chief at the time of the outbreak — spilled the
beans before she set foot on the crime scene? At this point, even
readers willing to accept Guillemin’s claim that she didn’t know about
Yeltsin’s admission may experience the urge to use this book as a

Worse, Guillemin does not fully disclose that the team’s leader,
Matthew Meselson, a Harvard professor of natural sciences and the
author’s husband, had contributed to advancing the Soviets’ tainted-
meat story. In 1988, Meselson arranged a United States tour for Soviet
health officials. ‘’Their detailed presentation of the infected-meat
scenario was judged plausible, even persuasive, although it lacked
substantive clinical and epidemiological evidence,’’ Guillemin writes.

Though Guillemin asserts that Meselson remained a skeptic, his 1989
Congressional testimony — not cited in ‘’Anthrax’’ — indicates a
willingness to accept the Soviet story pending an on-site
investigation. ‘’The burden of the evidence available is that the
anthrax outbreak was the result of a failure to keep anthrax-infected
animals off of the civilian meat market, as the Soviets have
maintained, and not the result of an explosion at a biological weapons
factory, as previously asserted by the United States,’’ Meselson said
to the Senate Permanent Subcommittee on Investigations.

In Sverdlovsk Meselson allowed the evidence to shape his conclusions.
His team put together a map suggesting that anthrax was released at
Compound 19 on April 2, 1979. However, a former Soviet biological
weapons official, Ken Alibek, recently wrote in his memoir,
‘’Biohazard,’’ that the release occurred on March 30, when a technician
removed a clogged air filter at the Compound 19 plant that manufactured
anthrax powder for use in weapons. In a prosaic blunder, the filter was
not immediately replaced.

Would it be useful to reconcile Meselson’s data with Alibek’s account?
Guillemin does not invite such an examination. In ‘’Anthrax,’’ a
summary of Alibek’s story and an attack on its credibility are found
deep in the source notes. In this and other ways, a book that purports
to expose deception ends up raising as many questions as it answers.

Paul Goldberg is the co-author, with Ludmilla Alexeyeva, of ‘’The Thaw
Generation: Coming of Age in the Post-Stalin Era’’ and the editor of
The Cancer Letter, a weekly newsletter.

142 posted on 04/15/2008 11:15:08 AM PDT by TrebleRebel
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To: EdLake; TrebleRebel

In a message above, I offered to send you all of Hatfill’s exhibits. But in a response above, you said no, don’t bother.

So I only sent exhibits to TrebleRebel.

As to what is the subject of discussion, this thread relates to a civil litigation brought by Steve Hatfill. His litigations have constituted the vast bulk of your website for the past years. I was discussing the question of damages and was expressing a view as to how “proximate cause” will be viewed in assessing damages. (You just predict massive damages without focusing on such finer considerations as how the jury instructions likely would read).

Rather than correct your webpage where you dismiss the PhD forgery (written up by Shane in October 2002), in your June 2003 webpage you dismiss such issues as “discrepancies” as having been corrected — which is not a tenable view. You on your webpage link and discuss his resume whereas I only so much as mention his name 3 times in 100,000 words. In short, your webpage is about Dr. Hatfill.

I would overnight the exhibits to you tonight but they relate to Dr. Hatfill’s civil matter that we were discussing.

143 posted on 04/15/2008 11:16:37 AM PDT by ZacandPook
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To: ZacandPook

Thanks for the exhibits - I’m sure Ed doesn’t want to see them - since they prove he is wrong about everything.

144 posted on 04/15/2008 12:00:01 PM PDT by TrebleRebel
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To: ZacandPook

I think you’re right that Ed Lake’s blog is really all about Hatfill. The defendent’s exhibits stated that Google returns for “Hatfill anthrax” gave 30,900 returns.

Google returns 6,480 hits for “hatfill anthrax ed lake” ! How can Ed say that Hatfill is irrelevant to his website????

145 posted on 04/15/2008 12:10:26 PM PDT by TrebleRebel
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To: TrebleRebel
So was Hatfill lying in his resume when he said he had experience creating dry spores?

I don't know if it's lying, but it's pretty clear that he stretches the truth. It appears that if he has some long talks with William Patrick III, he considers himself to have a "working knowledge ... of wet and dry BW [biological warfare] agents, large-scale production of bacterial, rickettsial, and viral BW pathogens and toxins, stabilizers and other additives, former BG [Bacillus globigii] simulant production methods.”

"What does "working knowledge" mean? Does it just mean he believes he understands the concepts? I think so. One web site seems to be saying "a working knowledge" means it's "enough to get by." I don't think anyone would say it means "a thorough knowlege" much less "enough knowlege to be considered an expert."

Does it really matter what HE says if the FBI says that he didn't have the "bench skills" to make the anthrax?

Ed at

146 posted on 04/15/2008 2:25:42 PM PDT by EdLake
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To: TrebleRebel
I’m sure Ed doesn’t want to see them - since they prove he is wrong about everything.

I definitely want to see them. I just don't want to be obligated to anyone, particularly to someone who always demands payback for every favor and who is likely to get viscious and upset if I don't pay him back in some way.

I'll try to get them some other way. It's not like there's some emergency need for them. This case has been going on for SIX years.

What's the problem with putting them on your web site and providing a link?

Ed at

147 posted on 04/15/2008 2:32:50 PM PDT by EdLake
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To: TrebleRebel
How can Ed say that Hatfill is irrelevant to his website????

You just endlessly twist the facts. I never said that Hatfill is irrelevant to my web site. He's irrelevant to the anthrax investigation.

I track what is going on with the Hatfill v FBI lawsuit because sometimes the legal documents give indirect information about the anthrax investigation. Plus, since I've been saying for nearly six years that Dr. Hatfilll had nothing to do with the anthrax attacks, it's always nice to see information which confirms that.

Ed at

148 posted on 04/15/2008 2:37:03 PM PDT by EdLake
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To: TrebleRebel
While this subject seems to be an obsession to you and ZacandPook, to me it's more of a "job" or just a hobby. My hours are 9 to 5. So, I'm done for today.

Ed at

149 posted on 04/15/2008 3:04:51 PM PDT by EdLake
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Comment #150 Removed by Moderator

To: ZacandPook

EFF explains:

The FBI worked with EDNC Judge Terrence Boyle to obtain a “sealed court order” to accompany the subpoena. The authorities were seeking information on Magdy Mahmoud Mustafa el-Nashar who, according to USA Today, “was a graduate student in chemical engineering for the spring 2000 semester at N.C. State.”

El-Nashar is an Egyptian bio-chemist who, after leaving N.C. State, obtained a Ph.D. in biochemistry from the University of Leeds in England in Spring 2005. The authorities were interested in his educational records since el-Nashar had met two of the London subway bombers, and allowed one to stay at his apartment in Leeds. According to the International Herald Tribune, he was held for questioning but eventually released without charge “after investigations proved he was not linked to the July 7 bombings.” Eventually news reports would reveal that “it was all a sorry coincidence, a case of a man who happened to befriend the wrong people at the wrong time.” However, at the time, USA Today reported, the “FBI was investigating el-Nashar’s activities in the USA at the request of British authorities.”

On July 14, USA Today reported that “Peter Kilpatrick, the head of N.C. State’s chemical engineering department, said he handed over his files on el-Nashar to FBI agents,” but did not explain what legal authority was used. A later Newsweek report stated “In the United States, FBI agents visited North Carolina State University and served a subpoena on Peter Kilpatrick, head of the school’s chemical- and biomolecular-engineering department, who handed over all available records pertaining to Nashar’s brief stint as a chemical-engineering student there in early 2000.”
Instead of the grand jury subpoena, Saylor, the Raleigh SSRA, was told that the FBI must get the educational records pursuant to a National Security Letter. *** At the time, NSLs came with an automatic gag order prohibiting the recipient from disclosing the existence of the letter.
A Joint Terrorism Task Force (JTTF) Agent served the NSL on July 14. According to the DOJ Inspector General report, “the NSL sought several categories of records, including applications for admission, housing information, emergency contacts, and campus health records.”

According to news reports, David T. Drooz, the university’s senior associate counsel, refused to comply because these records are outside scope of the NSL authority.

Comment: Sacramento State alum anthrax lab tech Yazid Sufaat was captured in returning to Malaysia in December 2001. Two FBI agents first interviewed him in November 2002. President Bush says the FBI did not realize his significance in anthrax weaponization until Hambali was captured the next year. We need to learn from history or we are doomed to repeat it.

151 posted on 04/15/2008 4:54:14 PM PDT by ZacandPook
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To: ZacandPook

Before I publish the Al Qaeda’s spymaster’s account of Amerithrax, let me tell you about his predecessor, a former US Army sergeant Ali Mohammed.

As explained by author Peter Lance in Triple Cross, after the 1998 embassy bombings, a ten-member federal team secretly entered the California residence of Ali Mohamed, Zawahiri’s former head of intelligence.’ They copied Mohamed’s hard drives and removed a series of CD-ROM and floppy disks. A memo titled “Cocktail” appeared to be a draft manual on sleeper cell structure.

The file on cell structure read in part:

“Every member knows how to do everything.

Every member has a legal job as a cover (Student, worker, trade).

Safety is the main concern, so the contingency plan is very important. Before working on the target you have (to) specify a rally point to meet in case of separation for any reason.

The communications between the different groups are conducted through the dead drop only.

Each group does not know anything about the other group, even Majmouat (the word means “the collected” or “the collection”). Al-qeyada does not know how many group(s) under its leadership. Only the group know each other because the members of one group only working with each other.”

Mohammad Khalil al-Hukaymah alias Abu Jihad al-Masri took on Ali Mohammed’s role. Al-Hukaymah was the author of the description of the Amerithrax investigation in 2002. Abu Jihad al-Masri joined the Egyptian Islamic Group in 1979. He was arrested in 1981 after Sadat’s assassination. He once was arrested alongside the blind sheik Abdel-Rahman. Hukaymah is reportedly connected to the blind sheikh’s successor Taha, the Islamic Group head who was in close touch with the NY-based US postal employee Sattar, the blind sheik’s “surrogate,” in 1999 and 2000. Al-Hukaymah dedicated the treatise “[t]o the pious and the hidden who are not known when they come and who are not missed when they disappear — To those whom their God will answer when they pray to Him. To all the eyes that are vigilant late at night to bring victory to this religion.”

The introduction of the 152-page book starts:

“The Manhattan raid led to a radical change in the perception of American Security. After the northern half of the continent had been isolated from the rest of the world and its threats by two oceans, it now came from inside. The surprise hit the symbols of American power in its economic and security dimensions.”

Published at al-Maqreze Center for Historical Studies website ( by the one-time EIJ shura member al-Sibai, the section on the anthrax investigation appears to have been written in 2002.

“The Anthrax Scandal:

Over many months, there was an excited search for the person responsible for the worst biological terror attack on American soil. Six letters sent by mail to Leahy, Daschle, Tom Brokaw, Dan Rather, The New York Post and the offices of the National Enquirer in Florida, led to the sickening of 18 people and five deaths. The crime was especially scary because anthrax, which is a complex powder that scatters in the atmosphere, had spilled from the envelopes and spread through parts of the mail system and contaminated a Senate building. One year later, the main post office in Washington had not yet opened.

The FBI is under great pressure to close this case, and the anthrax criminal is supposed to be alive and free. Two members of the Senate have asked to receive regular reports about this investigation from the FBI, and they have become increasingly impatient.”

After a lengthy discussion of the focus on Hatfill, the author explains,

“Until the investigators find material evidence that connects a person to the crime, they are forced to speculate about the motives and methods of the criminal. They are still casting a wide net. Law enforcement sources say they have issued hundreds of subpoenas and they are analyzing thousands of documents in search of new evidence.

The evidence may be small and unseen - sweat or an odor on an envelope - but that is all that they need in order to attract the dogs.”

Al-Hukaymah pointed to the Aldrich Ames incident and the FBI’s inability to find the perpetrator of the anthrax mailings as evidence that U.S intelligence can be defeated. Aldrich Ames, head of counterintelligence relating to the Russians, had a different rolex for different days of the week. He drove a new jaguar to work. Aldrich told the CIA that his money came from his wife’s foreign inheritance, and the CIA never required meaningful corroboration. So we should not be that surprised when someone known, to borrow Dr. Alibek’s description to me, as an “Islamic hardliner,” is given access to Center for Biodefense and ATCC facilities, to include a program funded by DARPA’s $13 million during the relevant period. Perhaps the focus should not be on more money, for biodefense but on doing a better job at maintaining security. Perhaps focus should be on avoiding proliferation of know-how.

Al-Hukaymah reportedly was Ayman’s connection to Mamdouh Ismail, an Egyptian defense attorney and a former member of “the Jihad group” who since the 1980’s has represented various Egyptians accused of terrorism offenses in Egypt. He represented al-Nashar, the biochemist who was an expert on polymerization and had a key to the 7/7 bomber’s flat. Ismail was one of several hundred rounded up following the assassination of Anwar al-Sadat in 1981. He served three years. Ismail was arrested on March 29, 2007. In 1999, Ismail was refused permission to establish an Islamist political party (called Hizb ash-Shari’a) with the help of fellow lawyer attorney al-Zayyat. After the blind sheik said in March 1999 that an attempt through a political party should not be attempted, Al-Zayat and Mamdouh Ismail deferred and Attorney Ismail has publicly objected to a reconciliation between Cairo and Egyptian Islamic Jihad. The two had worked with EIJ shura member al-Sibai before he took refuge in the UK. Mamdouh Ismail now is accused of complicity in an “Egyptian project” of al-Qaeda, taking his orders from Ayman al-Zawahiri via al-Qaeda propaganda chief al-Hukaymah and the UK-based EIJ publicist Hani al-Sibai. Both al-Hukaymah and Al-Sibai deny the charge. Al Sibai considers himself historian of the movement and published his diaries in Al Hayat in 2004. He is at al-Maqreze Center for Historical Studies website that published the treatise that included the discussion of Amerithrax.

152 posted on 04/15/2008 5:06:31 PM PDT by ZacandPook
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To: ZacandPook

 Kathryn Crockett, Ken Alibek’s assistant — was just a couple doors down from Ali Al-Timimi — addressed this issue of weaponization issues in her 2006 thesis insofar as it related to the work done by Al Nashar. Her thesis was titled “A historical analysis of Bacillus anthracis as a biological weapon and its application to the development of nonproliferation and defense strategies.”  She expressed her special thanks to Dr. Ken Alibek and Dr. Bill Patrick. Dr. Patrick consulted with the FBI and so the FBI credits his expertise. “I don’t want to appear arrogant. I don’t think anyone knows more about anthrax powder in this country,” William Patrick told an interviewer. Dr. Alibek’s access to know-how, regarding anthrax weaponization, similarly, seems beyond reasonable dispute. They spoke alongside Steve Hatfill at the San Diego conference cited above in August 1998 and spoke about bioweapons. Dr. Crockett successfully defended the thesis before a panel that included USAMRIID head and Ames strain researcher Charles Bailey, Ali Al-Timimi’s other Department colleague.  

Dr. Crocket explained that scientists who analyzed the powder through viewing micrographs or actual contact are divided over the quality of the powder.  She cites Gary Matsumoto’s “Science” article in summarizing the debate.  She says the FBI has vacillated on silica.   “Regarding the specific issue of weaponization,” Dr. Alibek’s assistant concluded in her PhD thesis, “according to several scientists at USAMRIID who examined the material, the powder created a significant cloud when agitated meaning that the adhesion of the particles had been reduced. Reducing the adhesion of the particles meant that the powder would fly better.”  She explains that “The most common way to reduce electrostatic charge is to add a substance to the mixture, usually a silica based substance.”

On the issue of encapsulation, she reports that “many experts who examined the powder stated the spores were encapsulated. Encapsulation involves coating bacteria with a polymer which is usually done to protect fragile bacteria from harsh conditions such as extreme heat and pressure that occurs at the time of detonation (if in a bomb), as well as from moisture and ultraviolet light. The process was not originally developed for biological weapons purposes but rather to improve the delivery of various drugs to target organs or systems before they were destroyed by enzymes in the circulatory system” (citing Alibek and Crockett, 2005).  “The US and Soviet Union, however, “ she explains, “used this technique in their biological weapons programs for pathogens that were not stable in aerosol form... Since spores have hardy shells that provide the same protection as encapsulation would, there is no need to cover them with a polymer.“ She explains that one “possible explanation is that the spore was in fact encapsulated but not for protective purpose. Encapsulation also reduces the need for milling when producing a dry formulation.” By reducing the need for milling, she means permits greater concentration of the biological agent.  If the perpetrator was knowledgeable of the use of encapsulation for this purpose, then he or she may have employed it because sophisticated equipment was not at his disposal.”

153 posted on 04/15/2008 5:54:35 PM PDT by ZacandPook
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To: ZacandPook; TrebleRebel; EdLake

I have been throughly entertained.
You three individuals should be working in a research lab together. (no kidding).
What a great discourse.
I am printing this entire post out and taking it to work
and show it to the lab engineers.
Maybe I can get them to put this much interest in their

154 posted on 04/15/2008 7:28:20 PM PDT by DaveTesla (You can fool some of the people some of the time......)
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To: ZacandPook

I wonder if FBI dropped an NSL on the satellite branch of Society for the Adherence to the Sunnah, Ali’s small DC group.

Its satellite branch was in Raleigh, North Carolina, where Al-Nashar pursued his biochemistry studies.

Magdy and Ali are pious peas in a pod. Al-Nashar then moved on to Leeds.

The Brits should seek info re their attendance at the 2001 and 2002 JIMAS conference in London, where Ali spoke alongside the “911 imam”, fellow Falls Church imam Anwar Aulaqi. Aulaqi was detained in Yemen last August at the CIA’s request and repeatedly questioned by the FBI.

He was the one who met Nawaf and Hani in San Diego and in DC. The 100k food processor purchased by Syed Athar Abbas after a check kiting operation was delivered a 1 mile from where Hani lived and then taken some place else. Under principles of cell security followed by Ali Mohammed, the procurer does not know the processor. The processor does not know the mailer. And AQ doesn’t know the individual cell members.

155 posted on 04/15/2008 8:12:36 PM PDT by ZacandPook
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To: ZacandPook

“Egyptian biochemist jailed in UK attacks

El-Nashar’s research at Leeds focused on biocatalysis and enzyme immobilization, according to a biography of him at the university’s Web site.

That kind of research “wouldn’t have anything directly to do with explosives” or with biological weapons, said Constance Ann Schall, an associate professor at the Chemical Engineering Department at the University of Toledo in Ohio.

The Pakistani investigation is focusing on at least one trip that Tanweer, 22, made to that country in the past year, the senior intelligence officials said. The officials, who work at two separate intelligence agencies and are involved in the investigation, spoke to The Associated Press on condition of anonymity because of the secretive nature of their jobs.

One of the officials said that while in Pakistan, Tanweer is believed to have visited a radical religious school run by the banned Sunni Muslim militant group Lashkar-e-Tayyaba.”

Comment: Now compare this scientist’s opinion with the opinion of Ken Alibek’s assistant K. Crockett — a few doors away from Ali Al-Timimi, Ken Alibek and former USAMRIID deputy commander Bailey. Her thesis was advised by leading anthrax scientists Ken and Dr. Patrick (who consulted with the FBI). The thesis was reviewed by former deputy USAMRIID commander Bailey. She wrote:

” “many experts who examined the powder stated the spores were encapsulated. Encapsulation involves coating bacteria with a polymer which is usually done to protect fragile bacteria from harsh conditions such as extreme heat and pressure that occurs at the time of detonation (if in a bomb), as well as from moisture and ultraviolet light. The process was not originally developed for biological weapons purposes but rather to improve the delivery of various drugs to target organs or systems before they were destroyed by enzymes in the circulatory system” (citing Alibek and Crockett, 2005).”

On this question of the relevance of enzyme immobilization requires the experience of someone expert in weaponizing anthrax. it is the opinion of the leading anthrax scientists and the former deputy commander that is the one to credit. Dr. Schall is highly expert and distinguished in “in the area of separations, particularly crystallization and precipitation processes and biofuels production.” But cutting-edge anthrax weaponization is not her field. Like Dr. Meselson of Harvard once explained, men like Patrick, Alibek and Bailey, in their heads, carry around the accumulated knowledge or the Russian and US anthrax programs.

156 posted on 04/16/2008 1:57:31 AM PDT by ZacandPook
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Comment #157 Removed by Moderator

To: ZacandPook

For over a half-decade now on FreeRepublic we have derided Hatfill accusers without appreciating that within a few months, BHR and others pointed us to the program and scientists who had the knowledge reflected by not only the strain but apparently (judge by the FoxNews report) the method of weaponization. (We still don’t know the leading anthrax scientist and former deputy commander who were the subject of that report sourced to a sole anonymous “law enforcement source.”) Now BHR and others like Ed were mistaken as to the motive with her “bioevangelist” theory. But BHR’s field is science, not intelligence or true crime analysis. It was our job to connect the dots and establish that the know-how had been accessed through infiltration. If BHR and others had not forcefully pressed us to accept the hard truth that the US Army strain had been used, our attention might have remained misdirected to the caves of Afghanistan when the threat was here at home. The anthrax mailer or processor could be the nicest person you know.

158 posted on 04/16/2008 2:36:03 AM PDT by ZacandPook
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To: ZacandPook

In OBL’s Declaration of Jihad, he writes:

“In the path of the prophet; praise and prayers be upon him, and Mujahid Sheikh/ Omar Abd-al-Rahman in America as well as many scholars, preachers and youth that were arrested in the land of the two Holiest sites upon the instructions of America. Most prominent were Sheikh/Salman al-Udah and Shiekh Safa al-Hawali.”

Al-Hawali was Al-Timimi’s religious teacher and Al-Timimi coordinated with him in drafting a letter in al-Hawali’s name that then was hand-delivered to every member of Congress on the first anniversary of the anthrax mailed to Senators Leahy and Daschle. It warned of dire consequences in the event Iraq was invaded. This is the sort of documentary evidence that should be relied upon. Otherwise, when the Arab News, Jihad Unspun, Washington report just make assumptions about Zack’s religion (he is Catholic, not Jewish) we have over 5 years of mindless propaganda. Similarly, when Ed Lake makes baseless assumptions about Michael Failey’s politics and assumes he wants to “sound the alarm,” we have over 5 years of mindless propaganda/baseless theorizing about how the anthrax mailer wanted to “sound the alarm.” Ed reasons he MUST have done it because he has the perfect alibi. Go figure.

A sounder approach to intelligence analysis requires reliance on both documentary evidence and common sense and a willingness to explore alternative hypotheses. Correspondence written in 1999 between Ayman Zawahiri and a scientist seized in Afghanistan by US forces describe the author’s visit to the special confidential room at the BL-3 facility where 1000s of pathogenic cultures were kept; his consultation with other scientists on some of technical problems associated with weaponizing anthrax; the bioreactor and laminar flows to be used in Al Qaeda’s anthrax lab; and the need for vaccination and containment. He explained that the lab director noted that he would have to take a short training course at the BL-3 lab for handling dangerous pathogens. Rauf Ahmad explained that his employer’s offer of pay during a 12-month post-doc sabbatical was wholly inadequate and was looking to Ayman to make up the difference. After an unacceptably low pay for the first 8 months, there would be no pay for last 4 months and there would be a service break. He had noted that he only had a limited time to avail himself of the post-doc sabbatical. The Defense Intelligence Agency provided the documents to me, along with 100+ pages more, pursuant to the Freedom of Information Act (”FOIA”). 90 of the 100 pages are the photocopies of journal articles and disease handbook excerpts. The correspondence confirms the plan to use the cover of universities and charities in weaponizing anthrax for use against US targets.

I also have uploaded a handwritten copy of earlier correspondence from before the lab visit described in the typed memo.

The Washington Post, in an exclusive groundbreaking investigative report by Joby Warrick, recounts that the FBI’s New York office took the lead U.S. role
— and its agents worked closely with the CIA and bureau officials in Pakistan in interrogating Rauf. Though not formally charged with any crimes, Rauf agreed to questioning. While the US media focused on the spectacle of bloodhounds alerting to PhD certificate-forging Dr. Steve Hatfill and the draining of Maryland ponds, this former Al Qaeda anthrax operative provided useful leads. But problems began when the U.S. officials sought to pursue criminal charges, including possible indictment and prosecution in the United States. In earlier cases, such as the othopedic surgeon Dr. Amer Aziz who treated Bin Laden in the Fall of 2001, the Pakistani government angered the Pakistani public when it sought to prosecute professionals for alleged ties to al-Qaeda. In the case of Amer Aziz, hundreds of doctors, engineers and lawyers took to the streets to demand his release. In 2003, the Pakistanis shut off U.S. access to Rauf. By then, I had noticed the reporting of his arrest in a press article about the raid of a compound of doctors named Khawaja and published it on FreeRepublic. According to Pakistani officials, there was not enough evidence showing that he actually succeeded in providing al-Qaeda with something useful. The CIA basically viewed him as an untalented loser. Since then, the Post reports, Rauf has been allowed to return to his normal life. Attempts by the Post to contact Rauf in Lahore were unsuccessful. Emaills this week to the address once listed on his resume bounced. Calls to his old cell number are answered by someone who doesn’t know him. Initially the government agency had said an interview by the Post correspondent in Pakistan would be possible but then backpedaled.

As another example of documentary evidence — though less obviously bearing on Amerithrax — is this letter below from Jafar the Pilot to Abu Khabab. Recipient Abu Khabab was the Egyptian chemical engineer who was on the 3-member AQ WMD committee with the blind sheik’s son. That son spoke alongside Ali at charity conferences in 1993 and 1996 — the year of WTC 1993 and OBL’s Declaration of War. In 2000, the blind sheik’s son’s voice was on the video with Zawahiri and OBL — the voiceover commanded that followers should “go to the spilling of blood” to avenge the blind sheik’s Abdel-Rahman’s imprisonment in a US prison.

Jafar the Pilot is the name of Adnan El-Shukrijumah (and I am only assuming it is the same Jafar the Pilot). El-Shukrijumah was the guy who was part of the BOLO issued as the same time Aafia Siddiqui, who an AUSA said in federal court was prepared to participate in an anthrax attack if asked.

Peshawar Islamic Center

In the name of God, Most Gracious, Most Merciful
Praise to the Lord of worlds and peace to the Imam of Mujahdeen, Prophet Muhammad,
as well as to his companions.
Dear Abu Khabab:
Salaam, God’s mercy and blessings to you.
Happy Ramadan Holiday. May God accept your fasting.
Dear Brother:
I would like to advise you that Zubair (Zubayr) is a member of our group. He is from
Qatar, trained in Al-Badr Camp, and intends to go to Kashmir. But because of snow over there, he could not go, so we appeal to you to accept him. He is trustworthy, and we hope that you can help take a vocational training course. You have a lot of new things [trades that Zabair may be trained to do].
Yours truly
Ja’far At-Tayyar) [At-Tayyar the pilot)

159 posted on 04/16/2008 4:25:42 AM PDT by ZacandPook
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To: DaveTesla
What a great discourse.

159 messages? That's nothing. You should check out THIS THREAD which went on for 671 messages.

This thread, like many many others, is evidently going to end with ZacandPook endlessly posting messages to himself.

Ed at

160 posted on 04/16/2008 7:41:04 AM PDT by EdLake
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