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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: ZacandPook
in the study, many particles similar to this were observed while no single spores without the silica were observed. Agglomerated spores with only a light coating of silica were readily observed as indicated by Figure 7b

I cannot discuss the article in detail until I've read it. But we've seen how you and TrebelRebel can distort things, so until proven otherwise, I think it's safe to assume you are distorting things found in this report, too.

TrebelRebel endlessly tries to claim that because scientists at Lawrence Livermore coated SOME spores with silica when doing tests described in the book "Microbial Forensics," that somehow proves the attack spores of 2001 were coated with silica.

In reality, a February 15, 2005 article by S.P. Velsko of Lawrence Livermore Labs titled "Physical and Analytical Analysis: A key component of Bioforensics" explains WHY they coated some spores with silica:

The knowledge base that is required to deduce process associations from measurement data consists of two basic components. The first is a systematic understanding of the many different possible “recipes” for generating agents. While much current expertise in this area centers around archival knowledge generated by the historical U.S. biological weapons program (and to a lesser extent, knowledge about foreign BW programs) it is important to recognize that would-be bio-terrorists are likely to utilize information from a broader range of sources, including open scientific literature, the internet, underground “cookbooks”, and information that has, unfortunately, been divulged to the news media in recent years. There is no necessary presumption that this information is always accurate or leads to an effective biological weapon. But only by collecting and organizing this information (and keeping it up-to-date) can we hope to recognize the recipe used to make an agent in the widest variety of possible incidents.

In other words, they created some samples just so people would know what such things look like, even though they wouldn't necessarily make an "effective biological weapon."

Ed at

301 posted on 04/29/2008 8:27:01 AM PDT by EdLake
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To: TrebleRebel
Alibek: (laughing) Yeah, because there is no principle for coating.

What are you trying to prove? What do you believe these pictures show? Do you really believe the attack spores of 2001 were coated this way and NO ONE NOTICED? Or are you trying to say they were coated this way and thousands of people CONSPIRED to keep it a secret?

We KNOW that scientists have coated spores in all sorts of screwball ways since the anthrax attacks, because the screwball ways were described in the media and some idiot might actually try to use a screwball technique described in the media. So, scientists have to know what such things look like.

Out of context, all these pictures show is that it is POSSIBLE to coat spores with silica in all sorts of screwball ways.

Ed at

302 posted on 04/29/2008 8:37:13 AM PDT by EdLake
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To: EdLake

“What are you trying to prove?”

I’m not TRYING to prove anything. I’m demonstrating with FACTS that Alibek is wrong. There is, obviously, a principle to coating anthrax spores. It’s how they’ve been weaponized for decades. For Alibek to say otherwise questions everything else he has ever said about powder bioweapons.

You’ve been had.

303 posted on 04/29/2008 8:45:45 AM PDT by TrebleRebel
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To: EdLake

Actually the spores in that picture were made FORTY years ago. And, yes, they are WEAPONIZED simulants. They are simulants for BIOWARFARE AGENTS. And they are COATED, COATED, COATED,

But keep pretending that is not so.

304 posted on 04/29/2008 8:47:49 AM PDT by TrebleRebel
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To: TrebleRebel
The thrust of the paper is that EVERY sample they worked up used a silica COATING. The authors stated that the study was intended to simulate the biowarfare agent used in the 2001 attacks.

Well, I'll have to read the paper before I can adequately respond to that. Can we assume that you haven't sent it to me because you don't want me to see it, you just want to tell people on this forum what you want them to believe about it?

I'm going to have to take a break for an hour or so do do some chores.

Ed at

305 posted on 04/29/2008 8:47:54 AM PDT by EdLake
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To: EdLake
"In the anthrax attack of 2001, some of the material was believed to be in a "fluidized" form (defined here as having fumed silica added). In order to simulate the aerosol-deposited nature of the anthrax biowarfare agent on surfaces, a two part study was initiated."
306 posted on 04/29/2008 8:50:53 AM PDT by TrebleRebel
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To: TrebleRebel

Top Secret

Re Operation Frog Soup

Ed is posting in red and large font. Should we wait until he goes to red caps?

307 posted on 04/29/2008 8:54:50 AM PDT by ZacandPook
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To: TrebleRebel

Come on, Treble, post the first image also.

The first one shows that Ken’s desk was not much more than 15 feet from Ali’s.

It’s silly to debate this scientific stuff in a vacuum.

308 posted on 04/29/2008 9:03:50 AM PDT by ZacandPook
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To: ZacandPook

Ed’s favorite entry from his playbook is to endlessly repeat “none of the experts who examined the pictures of the spores actually saw any additives”. He must have repeated this line around 10,000 times over the years. Naturally, it’s not true.,9171,1001136-2,00.html
The material’s light, fine texture and a brown ring around each spore suggest an additive had been introduced to prevent clumping.
General Parker - October 25, 2001
Well, first of all, your question is complex, and I’d like to say that, although we may see some things on the microscopic field that may look like foreign elements, we don’t know that they’re additives, we don’t know what they are, and we’re continuing to do research to find out what they possible could be. They’re unknowns to us at this present time.
General Parker - October 29, 2001 (4 days later)
We do know that we found silica in the samples. Now, we don’t know what that motive would be, or why it would be there, or anything. But there is silica in the samples.

309 posted on 04/29/2008 9:04:23 AM PDT by TrebleRebel
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To: ZacandPook
I think we should wait until he goes to red caps in extra large bold font.

Here's all 3 pics. Note that pics 2 and 3 should always be accompanied by Alibek's famous "no principle for coating" quote.

Lake: Right. Is it true to say that spores are not actually COATED with silica, they are MIXED with silica?

Alibek: (laughing) Yeah, because there is no principle for coating. This is one mistake, hopefully, which just comes from the media.

Lake: Why did you decide to leave George Mason?

Alibek: (laughing so hard he's peeing) Yeah, because the LA Times finally caught on to the fact that I'm a fraud.

310 posted on 04/29/2008 9:11:29 AM PDT by TrebleRebel
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To: TrebleRebel


Compare Ed’s discussion of the science about how silica is not used to coat spores.

Here is Ed’s discussion on the scientist which he just pulls out his ass without having read any of the peer-reviewed literature on the subject.

Now compare it with the discussion by the Dugway scientists who make anthrax simulant for a living. I was always relying on a consulting military scientist who makes anthrax simulant for a living for a different military branch but Ed ignored that expert advice also.

I don’t mind that Ed doesn’t do research.

I only mind he does not make corrections when mistakes are pointed out.

Now do me a favor and post that graphic (I would but I don’t know how).

I only added a label for Charles but Ken is the third circle.

Both Charles and Ken, I would emphasize, are just victims of the theft of biochemistry information. They are in no way complicitous. Not in the least.

The FBI would know this because they understand how infiltration works.

Hatfill included some lengthy discussion on the CIA spy Aldrich Ames and the FBI spy Hansen (sp?) among his exhibits. But you won’t find Ed linking those babies either.

311 posted on 04/29/2008 9:17:55 AM PDT by ZacandPook
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To: TrebleRebel
"In the anthrax attack of 2001, some of the material was believed to be in a "fluidized" form (defined here as having fumed silica added).

They're just repeating nonsense from The Washington Post. That information was "discredited" by a letter to the editor explaining that images of the attack anthrax indicated it did NOT contain fumed silica. And the spores were certainly NOT COATED with fumed silica.

That Washington Post article by Gary Matsumoto and Guy Gugliotta was preceeded by another article involving Gary Matsumoto which said,

Four well-placed and separate sources told ABCNEWS that initial tests detected bentonite, though the White House initially said the chemical was not found.

The first battery of tests, conducted at Ft. Detrick, Md., and elsewhere, discovered the anthrax spores were treated with the substance, which keeps the tiny particles floating in the air by preventing them from sticking together — making it more likely that they could be inhaled.

That ABC report was totally "discredited" AND disproven by the fact that aluminum was not found in the attack anthrax, and therefore it could not contain bentonite -- even though Gary Matsumoto briefly tried to convince people that it may have been "aluminum-free bentonite."

And then, of course, there was another article in Science magazine where Gary Matsumoto reported that the attack anthrax contained something else:

About a year and a half ago, a laboratory analyzing the Senate anthrax spores for the FBI reported the discovery of what appeared to be a chemical additive that improved the bond between the silica and the spores. U.S. intelligence officers informed foreign biodefense officials that this additive was “polymerized glass.”

Yet, AFIP evidently never noticed the "polymerized glass," since they neglected to mention it. I've asked you before, but you've never answered this question:

Was Gary Matsumoto writing nonsense when he said there was "polymerized glass" in the attack anthrax, or did AFIP totally screw up when they failed to notice it?

Ed at

312 posted on 04/29/2008 10:11:40 AM PDT by EdLake
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To: TrebleRebel
Ed’s favorite entry from his playbook is to endlessly repeat “none of the experts who examined the pictures of the spores actually saw any additives”. He must have repeated this line around 10,000 times over the years. Naturally, it’s not true.

It IS true. And you are proving me right.

The material’s light, fine texture and a brown ring around each spore suggest an additive

In other words, THEY SAW NO ADDITIVE, but a "brown ring" on a test suggested there might be one.

we don’t know that they’re additives

How could anyone in their right mind claim this statement says they saw additive? It says THEY DID NOT KNOW WHAT THEY WERE SEEING AND DETECTING.

They had DETECTED silicon and oxygen, and Geisbert had seen some "goop" ooze out of the spores when they were heated under a high-intensity beam, but THEY DIDN'T KNOW WHAT THEY WERE SEEING. General Parker said they were inexperienced with viewing powders.

We do know that we found silica in the samples. Now, we don’t know what that motive would be, or why it would be there, or anything.

They detected silicon and oxygen in the spores. They assumed it was in the form of silica. That does NOT mean that they SAW silica. It does not say they SAW silica. The statement clearly says they don't know "why it would be there." They WOULD know if it was an additive used to weaponize the anthrax.

You have shown once again what I've been saying: they did NOT see any additive in the attack anthrax.

Ed at

313 posted on 04/29/2008 10:27:24 AM PDT by EdLake
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To: TrebleRebel

314 posted on 04/29/2008 10:29:47 AM PDT by ZacandPook
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To: ZacandPook
I don’t mind that Ed doesn’t do research.

I only mind he does not make corrections when mistakes are pointed out.

I don't make corrections because you BELIEVE something. You claim to rely on experts, but the facts show you DO NOT UNDERSTAND EXPERTS and DO NOT RELY ON EXPERTS. All you do is look for words and phrases which you can twist to fit your beliefs.

Earlier in this thread, you claimed to be relying on experts who said that Ken Alibek's patent had something to do with coating spores. It did not.

In another thread, you told us how you talked with people at Texas A&M who told you that they sent the Ames strain directly to USAMRIID, and you've talked with people at the University of Iowa at Ames who said they did not have the Ames strain, yet you prefer to rely on the the report by a FREEPER who claims that some postal inspectors told her that the Ames strain DID go to a lab in Ames. And that is the "expert" who you want EVERYONE to believe.

If you "mind" that I do not run my web site the way you think it should be run, please explain to us what you plan to do about it?

I'd like to know, because in yet another thread, someone said this about you:

Nothing personal...but you sound a little bit on the obsessive side, and not completely coherent. Are you surprised that people might ask to have you banned? Besides the obvious trespass of registering under a new name after being banned, you have the sound of someone who might drive halfway across the country to find someone who offended you in a post.

Source: Message #87 at THIS LOCATION.

Ed at

315 posted on 04/29/2008 10:50:09 AM PDT by EdLake
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To: EdLake

TrebleRebel had written in an earlier thread:

“Lake claims that weaponized anthrax spores (and weaponized simulants) are NOT coated with silica.”

Ed wrote:

“I don’t claim it. I state it as a FACT.”

Ed continues:

“The idea of coating spores to make them more “flyable” is absolute and total nonsense. It’s beyond that. It’s ridiculous and absurd. It’s just plain STUPID. *** coating spores makes them HEAVIER, and therefore LESS FLYABLE.

Silica is not used to COAT spores”

Ed, all I’m suggesting is that you rely on the published literature by the military scientists who publish studies in the journals relating to aerosol science that contradict what you say. A little less red ink. A little less capitalizing your imagined “facts”. A little more scientific approach. If you are stating a scientific proposition, cite the authority. You needn’t take it personally — or seek to personalize it. I’m just suggesting that the Dugway scientists who make anthrax simulants for a living are expert on the issue and you are not. Your argument that the idea of coating spores to make them more flyable was stupid, ridiculous and absurd, was in fact the specious statement, contradicted by the peer reviewed literature to you at any library.

Your legal commentary also lacks credibility but there you have the self-awareness to not presume to be giving expert commentary. In areas relating to science, you are under the mistaken understanding that you are qualified to address the issue. You’ve done an excellent job of making the Hatfill exhibits available to everyone and everyone is very appreciative of your time and attention to organization.

316 posted on 04/29/2008 11:05:59 AM PDT by ZacandPook
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To: EdLake; TrebleRebel
Now, quit your squabbling boys. It is Ed's civil right not to correct his mistakes. TrebleRebel and I only bothered to point them out in the first place because you had invited people to advise you of mistakes so that you could correct them.
317 posted on 04/29/2008 11:09:32 AM PDT by ZacandPook
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To: EdLake; TrebleRebel

The Dugway authors explain:

“The focus of the work presented here was to develop a system to prepare multiple samples in a chamber, which allowed predictable concentrations of aerosolized spores (CLOSELY SIMULATING THE TYPE OF SPORES USED IN THE ACTUAL ATTACK) to settle on at least two types of surfaces and at concentrations that tested the limits of detection of the sampling and analytical methods. The second part of the study, to be reported elsewhere, produced a range of low concentration surface loadings on stainless steel and carpet surfaces, sampled the surfaces using several techniques, and analyzed the samples using multiple laboratories.”

318 posted on 04/29/2008 11:47:20 AM PDT by ZacandPook
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To: ZacandPook

You are arguing with a religious fanatic. He believes everything Alibek says like the word of a divine entity.

It doesnn’t matter that 7 authors from the CDC and the US Army at Dugway have just published a paper where they simulated the spores used in the 2001 anthrax attack by COATING anthrax spores with silica. Not does it matter that they published SEM pictures of BG spores made 40 years ago as biowarfare simulants - all COATED with silica. Nor does it matter that the authors REPEATEDLY state throughout the article that aerosol enabling spores for biowarfare are COATED with silica.

If Alibek says (especially when he’s laughing) that there’s no principle to coating then that means coatings have no utility in weapons. Ed obviously knows better than everyone - why do you think he’s sold so many books?

319 posted on 04/29/2008 12:15:33 PM PDT by TrebleRebel
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To: ZacandPook

Congratulations ZacanPook for finding the key sentence that demonstrates the new CDC/Dugway paper methodology for simulating the type of spores used in the actual attack. I'm waiting for Ed to come back here soon claiming that this plainly written statement doesn't really mean what it says.

Maybe you should have made the statement in Fire-engine red font with EXTRA LARGE font for the word ACTUAL.

Just in case Ed doesn't know what "ACTUAL" means, I've provided a definition below:

Main Entry: ac·tu·al
Pronunciation: \ˈak-ch(ə-w)əl, -sh(ə-w)əl; -chü-əl, -shü-\ Function: adjective
Etymology: Middle English actuel, from Late Latin actualis, from Latin actus act
Date: 14th century
1obsolete : active
2 a: existing in act and not merely potentially b:
existing in fact or reality c: not false or apparent
3: existing or occurring at the time : current the actual commission of a crime>
320 posted on 04/29/2008 2:17:23 PM PDT by TrebleRebel
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