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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

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I will post the full-text below of various brief exhibits.
1 posted on 04/13/2008 8:20:52 AM PDT by ZacandPook
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To: ZacandPook
It sure it amusing watching the two conjoined parts of the government-media complex point their slimy tentacles at each other.

The government says "we leaked nothing, the press made it all up" and the press says "we didn't accuse anyone, the government did it all on their own".

To me, the solution is obvious: you're both guilty as charged. Pay up suckers, and stop accusing people of being rapists and mass murderers unless you have something solid to back it up.

2 posted on 04/13/2008 8:36:39 AM PDT by jpl ("Don't tell me words don't matter." - Barack Obama, via Deval Patrick)
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To: jpl

Reminds me of the Richard Jewell case with the Centennial Olympic Park bombing at the ‘96 games.

3 posted on 04/13/2008 8:57:10 AM PDT by FreedomPoster (<===Typical White American)
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To: ZacandPook

So where did the anthrax come from?

4 posted on 04/13/2008 8:57:22 AM PDT by rhombus
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To: FreedomPoster
Very sad case when it was Rudolph all the time. They went way overboard on a not very bright patriotic guy. Pray the power of the Federal Government never focuses on you. It takes a very strong soul to survive the onslaught by idiots with badges.
5 posted on 04/13/2008 9:03:28 AM PDT by mad_as_he$$ (John McCain - The Manchurian Candidate?
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To: rhombus

Are you sure there ever was any? I am not.

6 posted on 04/13/2008 9:04:24 AM PDT by mad_as_he$$ (John McCain - The Manchurian Candidate?
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To: rhombus

The US Army strain was obtained through infiltration.

7 posted on 04/13/2008 9:05:08 AM PDT by ZacandPook
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To: rhombus

“So where did the anthrax come from?”

Might as well ask Russell Welch from where the weaponized anthrax in which he was containinated back in the early 90’s.

8 posted on 04/13/2008 9:09:08 AM PDT by Domestic Church (AMDG...)
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To: ZacandPook

“General Ashcroft”? Strange.

9 posted on 04/13/2008 9:14:02 AM PDT by Rocky
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To: ZacandPook


Here is an excerpt from Hatfill’s statement of material facts not in dispute about the leaker Mr. Daniel Seikaly. Mr. Seikaly’s beautiful and accomplished daughter later came to represent Al Timimi pro bono. The Washington Post reported in “Hardball Tactics in an Era of Threats” (September 3, 2006) that the FBI has suspected Ali-Timimi of involvement in the anthrax mailings. Al Timimi was the POI of the other squad. The theory is described at

63. Mr. Seikaly served as Chief of the Criminal Division of the U.S. Attorney’s
Office for the District of Columbia from August 2001 to August 2004. In that position, he was responsible for supervising all federal criminal prosecutions and investigations in the District of Columbia. Seikaly Dep. at 26:10-29:3 (Ex. 40); Ex. 182; Def.’s Resp. to Pl.’s Second Set of
Interr. No. 25 (Ex. 122); Ex. 181 at 3.

64. What Mr. Seikaly learned about the investigation of Dr. Hatfill by the FBI and Justice Department came from regular briefings, as a part of his job. The U.S. Attorney’s Office for the District of Columbia had the lead role in the Amerithrax investigation. Kenneth Kohl was the Assistant U.S. Attorney in charge of the case; he reported to William Blier, who reported to Mr. Seikaly. Seikaly Dep. at 34:17-35:19 (Ex. 40). Mr. Seikaly participated in regularly scheduled meetings with the FBI about the anthrax investigation. These briefings were attended by Messrs. Seikaly, Howard, Blier, and Kohl from the U.S. Attorney’s office. The purpose of these meetings was for the FBI to provide the U.S. Attorney’s Office information concerning the
progress of the investigation. Seikaly Dep. at 36:20-46:2.
65. Mr. Seikaly knew Mr. Klaidman was a reporter. Klaidman Dep. at 132:13-15 (Ex. 24); Seikaly Dep. at 75:21-76:1 (Ex. 40). Mr. Seikaly also knew that Mr. Klaidman intended to publish the information Mr. Seikaly provided. Klaidman Dep. at 132:16-19 (Ex. 24). Mr. Seikaly voluntarily, intentionally, and willfully disclosed to Mr. Klaidman investigative information about Dr. Hatfill; Mr. Klaidman never tricked or deceived Mr. Seikaly into
disclosing any information. Klaidman Dep. at 133:18-135:17 (Ex. 24).
33 Case 1:03-cv-01793-RBW Document 229-3 Filed 04/11/2008 Page 33 of 114

66. Mr. Klaidman agreed with Mr. Seikaly that he would not identify Mr. Seikaly as a source. Klaidman Dep. at 116:16-117:22 (Ex. 24). In Mr. Klaidman’s twenty-years of experience, Agency Defendant officials generally insist on anonymity because they do not want to get in trouble. Klaidman Dep. at 113:8-116:9 (Ex. 24). A few weeks prior to Mr. Klaidman’s
deposition, Mr. Seikaly requested that Mr. Klaidman not reveal Mr. Seikaly as a confidential source. Klaidman Dep. at 124:6-126:3 (Ex. 24).

67. Mr. Seikaly spoke to Newsweek with the knowledge of his boss, Mr. Howard, but without the knowledge of the official responsible for dealing with the press. Mr. Klaidman spoke with Mr. Seikaly numerous times about the information contained in Newsweek’s article about the bloodhounds. Klaidman Dep. at 81:11-82:12 (Ex. 24). Mr. Seikaly told Mr. Klaidman
that he obtained his information about the investigation of Dr. Hatfill from “briefings” he received in his “supervisory position as head of the Criminal Division . . . .” Klaidman II Dep. at 41:12-42:6, 57:15-59:19 (Ex. 25). Mr. Howard, then the U.S. Attorney and Mr. Seikaly’s boss,
admitted that Mr. Seikaly informed him that he had recently had a conversation with Mr. Klaidman and that Newsweek was going to run a story about the anthrax investigation; but Mr. Howard claimed not to have inquired further into the substance of Mr. Seikaly’s communication
with Mr. Klaidman. Howard Dep. at 118:3-126:9 (Ex. 20). Channing Phillips, Mr. Howard’s Chief of Staff and spokesman for the U.S. Attorney’s Office, was the designated media contact for the office, but was unaware of Mr. Seikaly’s communications with the media. Phillips Dep. at 41:17-43:13, 156:18-157:3 (Ex. 35); Def.’s Resp. to Pl.’s Second Set of Interr. No. 25. (Ex.
122). Case 1:03-cv-01793-RBW Document 229-3 Filed 04/11/2008

68. Mr. Seikaly disclosed to Mr. Klaidman detailed information concerning the FBI’s investigation of Dr. Hatfill, which Newsweek reported in its issue dated August 12, 2002. Ex. 76. The information he disclosed to Mr. Klaidman included that:

a. The FBI had used bloodhounds in the anthrax investigation early in the
week of July 29, 2002. Klaidman Dep. at 45:11-46:16 (Ex. 24); Klaidman II Dep. at 50:20- 53:12 (Ex. 25);

b. The bloodhounds had been presented with “scent packs” lifted from the
anthrax-tainted letters. Klaidman Dep. at 59:8-17 (Ex. 24); Klaidman II Dep. at 53:19-57:14
(Ex. 25);

c. “[A]gents [had] quietly brought the dogs to various locations frequented
by a dozen people they considered possible suspects—hoping the hounds would match the scent on the letters.” Klaidman Dep. at 61:13-63:4 (Ex. 24);

d. “In place after place, the dogs had no reaction. But when the handlers
approached the Frederick, Md., apartment building of Steven J. Hatfill . . . the dogs immediately became agitated.” Klaidman Dep. at 66:22-68:6 (Ex. 24);

e. The bloodhounds “were barking and howling and straining at their
leashes” at search sites associated with Dr. Hatfill. Klaidman Dep. at 51:12-53:8 (Ex. 24);

f. On August 1, agents arrived at Dr. Hatfill’s apartment “with the
bloodhounds in tow. When they entered the apartment building, one of the dogs excitedly bounded right up to Hatfill.” Klaidman Dep. at 80:7-81:10 (Ex. 24);

g. “The agents also brought the bloodhounds to the Washington, D.C.
apartment of Hatfill’s girlfriend and to a Denny’s restaurant in Louisiana, where Hatfill had Case 1:03-cv-01793-RBW Document 229-3 Filed 04/11/2008 eaten the day before. In both places, the dogs jumped and barked, indicating they’d picked up the scent.” Klaidman Dep. at 61:13-62:20, 69:9-17 (Ex. 24);

h. The bloodhound evidence led investigators to “believe they were finally
on the verge of a breakthrough,” but the FBI was not “close to making any arrests in the case.” Klaidman Dep. at 71:21-72:10, 87:9-22 (Ex. 24), Klaidman II Dep. at 43:17-47:4 (Ex. 25);

i. Dr. Hatfill “waived his physician-patient privilege so investigators could
ask his doctor about Hatfill’s prescription for Cipro,” who explained that “[Dr.] Hatfill had an infection.” Klaidman Dep. at 91:17-92:21 (Ex. 24).
69. On June 2, 2005, the Agency Defendants responded to Dr. Hatfill’s interrogatory requesting a description of any communications related to the anthrax investigation between Agency Defendant officials and the media. Mr. Seikaly verified under penalty of perjury the interrogatory response purporting to detail his communications with the press regarding Dr.
Hatfill; however, this interrogatory response omitted Mr. Seikaly’s communications with Mr. Klaidman about Dr. Hatfill. Def.’s Resp. to Pl.’s Second Set of Interr. No. 25 (Ex. 122).

70. Mr. Seikaly did not deny the disclosures to which Mr. Klaidman testified,
although he had the opportunity to do so. On October 10, 2007, Mr. Seikaly was deposed in this case after releasing Mr. Klaidman from his promising of confidentiality. When questioned about the investigative information concerning Dr. Hatfill he disclosed to Mr. Klaidman, Mr. Seikaly
repeatedly invoked his privilege against self-incrimination under the Fifth Amendment of the U.S. Constitution. Seikaly Dep. at 75:3-82:13, 91:12-98:14, 124:12-133:20, 140:2-142:21,
144:20-145:13, 157:13-17, 162:14-19, 174:2-183:12, 196:5-197:16 (Ex. 40).

10 posted on 04/13/2008 9:24:25 AM PDT by ZacandPook
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To: EdLake


11 posted on 04/13/2008 9:34:06 AM PDT by Perdogg (Reagan would have never said "She's my girl")
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To: Perdogg
Thanks for the ping, but I'm busy looking through all those documents so I can write a comment about them for my site.

Ed at

12 posted on 04/13/2008 9:38:59 AM PDT by EdLake
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To: mad_as_he$$

And HERE is the real reason he became the fall guy.

(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.’

13 posted on 04/13/2008 10:45:25 AM PDT by UCANSEE2 (Just saying what 'they' won't.)
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To: jpl

Reading the facts of the case above, Hatfill put ample suspicion upon himself. Due to the fact people died and many of his colleagues thought he was the culprit because he had the knowledge, the equipment (which he took possession of no longer used discarded equipment - why would he need such equipment used to make biological agents?), his behavior was odd according to his colleagues, and he had the training to make the anthrax and his travel allowed for the mailings, Hatfill case against the government is weak. If I sat on the jury, I would not award him a dime.

14 posted on 04/13/2008 10:53:10 AM PDT by jrooney (Obama's mentor says God Da*n America. That explains Obama's refusal to put his hand over his heart.)
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To: jrooney
You would be very surprised how common the equipment is to make bio stuff. I have been in one of the most advanced cancer labs in the world and it is unremarkable from the equipment point of view. Guy just sounds like an odd duck with a weird personality.

BTW growing anthrax is no big deal. Weaponizing it a big deal.

15 posted on 04/13/2008 11:02:22 AM PDT by mad_as_he$$ (John McCain - The Manchurian Candidate?
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Ugly girl?


Poor taste?


How many fools do you work with? I have worked with plenty.

16 posted on 04/13/2008 11:03:24 AM PDT by mad_as_he$$ (John McCain - The Manchurian Candidate?
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To: jrooney
why would he need such equipment used to make biological agents?

The equipment was non-functional. He acquired it so he could use it to train troops prior to the invasion of Iraq. He wanted soldiers to know what a biosafety cabinet looked like so they wouldn't bust into some bioweapons lab and trash the place, killing themselves in the process.

After the training of the troops was completed, the biosafety cabinets were destroyed.

He also got into trouble with conspiracy theorists because he built a mockup of a "mobile bioweapons lab." People jumped on it and claimed it was further proof that he had access to a bioweapons lab.

In reality, the mockup was just an empty shell. It contained no equipment on the inside -- except for an airconditioner. It was intended solely to teach troops and Air Force pilots what such a vehicle would look like so they wouldn't blow them up and spread deadly toxins all over the place during the invasion of Iraq.

Hatfill called me five times to discuss this.

Ed at

17 posted on 04/13/2008 1:40:57 PM PDT by EdLake
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To: Perdogg
The most interesting thing I see in the papers released on Friday is the information from the government that Barbara Hatch Rosenberg was talking to the media about Dr. Hatfill (without naming him) for many months before the FBI began their public investigation of him.

In one document, the goverment says,

Hatfill has stated that Rosenberg “caused” the focus on him.

That is, of course, what I've been saying for nearly six years.

Ed at

18 posted on 04/13/2008 1:47:49 PM PDT by EdLake
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To: ZacandPook

Here are some FBI memos re the investigation of media leaks.

In early August 2002, the head of the District of Columbia Field Office initiated a leak investigation related to Amerithrax information. The first leak investigation concerned leak of bloodhound story to Newsweek (according to email discussed in deposition of lead prosecutor Daniel Seikaly in which he repeatedly pled the Fifth Amendment). A memo from DC Field Office head Van Harp read:
From: Washington Field
ADIC’s Office: Harp Van A (202) xxx-xxxx
Title: UNSUB
The appearance of this information in the media affects the conduct of this investigation as well as the morale of the dedicated personnel who have expended enormous energy and effort on this investigation.
As such, I am requesting that either a media leak or OPR investigation be initiated. In the event a leak investigation is initiated then the enclosed LRM should be hand delivered to AAG Chertoff. [REDACTED]
The investigation was closed in October 2002. The memo read:
Date: October 8, 2002
To: Mr. H. Marshall Jarrett
Office of Professional Responsibility
United States Department of Justice

From: David W. Szady
Assistant Director
Counterintelligence Division
Subject: [REDACTED[
The purpose of this memorandum is to notify your office of the closing of the FBI’s criminal investigation of the captioned media leak matter. It is the understanding of the FBI that your continUed investigation of this matter will be pursued by your office.
After a January 9, 2003 “exclusive” report by ABC’s Brian Ross that the FBI was focusing on Hatfill and was going to conduct a second round of interviews with other former and current government scientists so that they might rule them out by the process of elimination, the FBI initiated a second media leak investigation. This time it was to proceed with “extreme zeal.”
The memo read:
Precedence: PRIORITY Date: 1/13/2003
To: Director’s Office
Washington Field
From: Washington Field
Contact Richard L. Lambert 202-xxx-xxxx
Approved by: Harp Van
Lambert Richard L
00: WFO
Synopsis: To request the opening of new OPR media leak investigation regarding captioned case.
[large redacted passages]
To demonstrate the seriousness with which the FBI views this matter, it is requested that the OPR inquiry commence with an interview of IIC Rick Lambert who will waive all Fifth Amendment privileges and accede to a voluntary polygraph examination to set a tone of candor, forthrightness and cooperation.

The instant matter is the second unauthorized media disclosure to occur in this investigation. Its potential detriment to the effective prosecution of the case is substantial. Accordingly, in the interests of both specific and general deterrence, the Inspector in Charge requests that this OPR inquiry be pursued with unprecedent zeal.

19 posted on 04/13/2008 1:48:36 PM PDT by ZacandPook
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To: Rocky
“General Ashcroft”? Strange.

In this situation, "General Ashcroft" is a short way of saying "Attorney General Ashcroft."

Ed at

20 posted on 04/13/2008 1:50:39 PM PDT by EdLake
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