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http://www.newsweek.com/id/151784?from=rss

When the FBI publicly branded the late Dr. Bruce Ivins as the anthrax killer, it unsealed court affidavits suggesting a possible motive for the mailing to one target: NBC anchor Tom Brokaw. According to the affidavits, Ivins was angry about repeated Freedom of Information Act requests from Gary Matsumoto, identified as “an investigative journalist who worked for NBC News” who was looking into Ivins’s work on an anthrax vaccine. “Tell Matsumoto to kiss my ass,” the affidavit says Ivins wrote in an Aug. 28, 2001, e-mail, noting that was “weeks” before the Sept. 18, 2001, anthrax mailing addressed to Brokaw. But Matsumoto told NEWSWEEK the FBI never interviewed him as part of its investigation. If it had, he says, he could have told them he’d actually left NBC News five years earlier. At the time he was bombarding Ivins’s lab with FOIA requests, he was employed by ABC. “They’re trying to connect dots that don’t connect,” he said.

Justice Department official Dean Boyd said “there was no mistake in the affidavit” because Matsumoto had been employed by NBC in the past and Ivins told investigators he “believed” he still worked there. Still, the reference is one of a number of seemingly misleading passages, gaps and omissions that are raising questions about just how airtight the government’s case against Ivins actually is.

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“I’d say the vast majority of people [at Fort Detrick] think he had nothing to do with it,” said Jeffrey Adamovicz, who served as one of Ivins’s supervisors in the facility’s bacteriology division.

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What’s more, Kemp said, the FBI omitted evidence that might have been exculpatory, including that Ivins kept his security clearance after passing a polygraph in which he was questioned about the anthrax investigation. “He was told he had passed [the polygraph] because we thought he did,” said Justice official Boyd. But after the FBI learned of Ivins’s history of psychological problems, it had experts re-examine the results, and they concluded he’d used “countermeasures” such as controlled breathing to fool the examiners.