CASE CLOSED … what really happened in the 2001 anthrax attacks?

Archive for September 18th, 2009

* the NAS needs to explain its decision to sequester FBI-submitted documents in apparent violation of FOIA law

Posted by DXer on September 18, 2009


click here to … buy CASE CLOSED by Lew Weinstein

one reader says …

“The whole Anthrax episode is unquestionably a dark moment in American history.

But what makes it fascinating is how it was handled (or should I say mishandled) by the administration and the various agencies involved.

CASE CLOSED is a must read for anyone who wondered … what really happened? … Who did it? … why?” … and finally, why didn’t they tell us the truth?”


NAS needs to explain its decision to sequester FBI-submitted documents in apparent violation of FOIA law

It is now over a week since my email to NAS asking for the specific legal authority they are citing to permit them to sequester FBI-submitted documents until the end of their study (perhaps 17 months from now). I have received no response, which is unusual since all of my other emails were answered almost immediately.

Accordingly, I sent the following email to NAS today … BILL … I wonder if you could let me know the status of any response to my 9/10/09 email. Are you in the process of preparing a response? When can I expect to receive a response? … LEW

Here’s the essence of the email I sent to the NAS on 9/10/09 …

  • You say that much of the FBI material is exempt from release under the FOIA law, but you do not cite the specific legal authority under which such exemptions are claimed.
  • It is my understanding that there are several reasons for possible exemption from release. Which reasons do you specifically cite for each category of FBI material you claim is exempt?
  • Also … I note that you say “much” of the FBI material is exempt, which means that some is not exempt.
  • Could you please advise which FBI material you believe is not exempt, and how the non-exempt FBI material differs from the FBI material which you say is exempt?
  • Finally, how does one go about requesting the FBI material which you say is not exempt?

It is hard to avoid concluding that the FBI is engaged in a very conscious effort to restrict information about its Amerithrax investigation. Here’s a brief review of the known chronology …

  • September & October 2001 … anthrax letters were mailed; 5 people died, 17 others were infected, an attempt was made to murder Congressman Daschle and Senator Leahy.
  • August 8, 2008 … after a 7 year investigation, the FBI announced that Dr. Bruce Ivins (recently deceased) was the SOLE PERPETRATOR of the 2001 anthrax attacks, and that, after completing a few administrative details, they would close the case.
  • August 2009 … the FBI announced it was “on the verge” of closing the Amerithrax case.
  • September 2009 … the FBI refused to answer my questions as to whether the Amerithrax investigation is still ongoing.
  • September 2009 … the NAS stated (in an email to me) that, by terms of its undisclosed contract with the FBI, most materials submitted by the FBI will not be subject to FOIA requests until the conclusion of their review.
  • September 17, 2009Senator Charles Grassley called the FBI refusal to answer his questions as “beyond unacceptable,” asked if the FBI has “something to hide.”

What might the FBI have to hide?

  • If the FBI is still investigating the Amerithrax case, then that suggests they no longer believe Dr. Bruce Ivins was the SOLE PERPETRATOR, an admission that would open serious questions as to why they said so in the first place.
  • If Dr. Ivins was indeed the SOLE PERPETRATOR, what else is there to investigate?
  • If the FBI is not still investigating the Amerithrax case, but yet has not officially closed the case, what are they waiting for?
  • One possible (likely?) answer is that once the case is officially closed, many investigative documents will become available under the FOIA law.

What’s going on between the FBI and the NAS?

  • What sort of arrangement did the FBI impose on the NAS regarding documents the FBI has and will turn over to the NAS during the course of the NAS review of the FBI’s anthrax science?
  • The NAS has said (in an email to me) that they will turn over the FBI submitted documents at the conclusion of their review.
  • DXer asserts (in a prior comment on this blog) that the FOIA law does not provide for such delayed disclosure, that if the documents are subject to FOIA requests at the end of the study, they must be subject to such requests now.
  • Will the NAS make available the FBI-submitted material it said (in the email to me) was not subject to any FOIA exemption?
  • Why hasn’t the NAS cited the specific FOIA exemptions it claims apply to the FBI submitted material?
  • And, if there are such exemptions, by what provision of the FOIA law do the exemptions apply now but not at the end of the review period?

America needs Congressman Holt’s Anthrax Review Commission

Congressman Rush Holt has submitted legislation for an Anthrax Review Commission to look into what really happened in the attacks and what the FBI has been doing for the past eight years to solve the case. That legislation, which still sits in the House Judiciary Committee chaired by Congressman Conyers, needs to become law. And the questions raised above about the FBI/NAS relationship need to be added to the inquiry agenda.

Posted in * NAS review of FBI science, * questioning the FBI's anthrax investigation | Tagged: , , , , , , , | 12 Comments »

* Sen. Grassley says he will hold nominees at the DOJ until he receives long overdue answers from the FBI

Posted by DXer on September 18, 2009

CASE CLOSEDclick here to … buy CASE CLOSED by Lew Weinstein

readers of CASE CLOSED say …

“Weinstein raises some very interesting and disturbing theories.”

“Responsible Americans who believe in holding our government accountable for its actions should read CASE CLOSED to be more informed of the facts of the case, regardless of whether they come to agree with the author’s theory. More investigation is needed.”


Senator Grassley

Senator Grassley

Excerpts from U.S. Sen. Grassley’s statement on FBI oversight hearing … 9/17/2009

In March of this year, Director Mueller testified before this Committee and I expressed my concerns and frustration at the lack of responsiveness from the FBI in answering questions submitted by all members of the Judiciary Committee.

Director Mueller shared in my frustrations noting that the FBI had provided responses to outstanding questions to the Department of Justice for review, but that the Department has not yet provided them to Congress.

As we stand here today we have questions from a previous FBI Oversight hearing dated March 2008 that remain outstanding and unanswered. That hearing was held over a year and a half ago.

Not having responses to these questions is beyond unacceptable.

So, the question is did the Department simply forget to get back to the Committee or do they have something to hide?

Mr. Chairman, we have a real issue with the Department of Justice and until this culture of late and unresponsive answers to our questions is changed, I will exercise my rights to begin holding nominees at the Department.

read Sen. Grassley’s entire statement at …

Posted in * FBI refusal to testify, * questioning the FBI's anthrax investigation | Tagged: , , , , , | 28 Comments »