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

* DXer … Why weren’t all of Dr. Ivins emails provided as required under the Freedom of Information Act?

Posted by DXer on February 22, 2010

Dr. Bruce Ivins

As he has many times before, DXer is demanding production of Dr. Ivins’ emails as required by law …

  • Why weren’t all of Dr. Ivins emails provided as required under the Freedom of Information Act?
  • If the Sunshine Act does not apply to the DOJ’s actions in this case, then the Obama Administration’s purported embracing of FOIA is insincere.
  • The memos written by Attorney General and President Obama in light of the DOJ’s withholding of Dr. Ivins’ emails — even to include the emails from mid-September to mid-October 2001 seem to have been just nice PR.
  • The DOJ, in light of its interference with USAMRIID’s FOIA production, apparently did not get the Attorney General’s memo.

in another comment, DXer said …

  • John Peterson at USAMEDD and Lt. Colonel Laurel at USAMRIID told the USAMRIID CO that 50 pages every time DXer made a fuss was quite enough.
  • Their approach, in close collaboration with DOJ/FBI has been to string out production over the past two years, thus preventing the relevant emails from being produced.

and another …

  • The USAMRIID CO’s acquiescence in the Lt. Col. Laurel’s and USAMEDD’s John Peterson foot-dragging on the production of Ivin’s post-911 emails should not continue.
  • They should be told to take the emails into a room, take a black magic marker to the proper nouns requiring b(6)(7) redaction and then leave them for someone to come and copy and upload by tomorrow.
  • You want timelines?  I could give you a timeline based on written correspondence showing a total abdication of the duty to comply with FOIA.  If Lew were handling the production, I think he would have them turned around in a day — not two years.
  • This glanders issue illustrates deliberate mischaracterization of the documentary evidence made possible only because the DOJ/FBI was allowed interfered with USAMRIID’s compliance with FOI.
  • The USAMMED officials with the relevant responsibility idly sat by and let it happen.

******

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is the novel which answers the question …

why did the FBI fail to solve the 2001 anthrax case?

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3 Responses to “* DXer … Why weren’t all of Dr. Ivins emails provided as required under the Freedom of Information Act?”

  1. DXer said

    The media report below addresses the subject of FBI and the preservation of documents (texts between agents) in another context. One difference is that here the emails that were not preserved were quoted and relied upon in the summary explaining why the FBI was closing the largest “whodunnit” in history. The emails were about the only documents relied upon.

    “President Donald Trump noticed the FBI’s behavior:

    “… FBI said they won’t give up even one (I may have to get involved, DO NOT DESTROY). What are they hiding? …

    — Donald J. Trump (@realDonaldTrump) August 11, 2018

    After the FBI claimed that text messages are not subject to the Freedom of Information Act (FOIA), Judicial Watch filed suit to ensure that text messages are being preserved. The Administrative Procedure Act lawsuit against the FBI challenges the FBI failure to preserve text messages as required by the Federal Records Act. (Judicial Watch v. FBI (No.1:18-cv-02316)).

    In Judicial Watch’s lawsuit, they point to a related case in which Michael G. Seidel, the assistant section chief of the Record/Information Dissemination Section in the FBI’s Information Management Division, stated: “text messages on [FBI]-issued devices are not automatically integrated into an FBI records system” (Danik v. U.S. Department of Justice(No. 1:17-cv-01792)).

    Judicial Watch argued that the FBI “does not have a recordkeeping program in place that provides effective controls over the maintenance of electronic messages, including text messages.” Moreover, “The FBI relies upon its personnel to incorporate their text messages into a recordkeeping system. If FBI personnel do not actively incorporate their text messages into a recordkeeping system, the text messages are not preserved.”

    Judicial Watch asked the court to declare the FBI’s failure to have a recordkeeping program for electronic messages to be “not in accordance with law” and that the court order the FBI “to establish and maintain a recordkeeping program that provides effective controls over the maintenance of electronic messages.”

    If text messages are not preserved, then they may be deleted and never produced to Congress, criminal investigators, and to the American people under FOIA.”

  2. DXer said

    CUNY Law’s FOIA Workshop Will Help Attorneys Get the Facts

    October 31, 2018
    https://queenseagle.com/all/2018/10/31/cuny-laws-foia-workshop-will-help-attorneys-get-the-facts

    Unlike the federal government, New York State has been generally amenable to FOIA requests, said Bratspies, who has written three books and several articles about environmental law and information-gathering.

    Nevertheless, she said, the squeaky FOIA filer gets the grease.

    “The state has been responsive,” Bratspies said. “But you have to stay on the case. Persistence is key.”

    In New York City, obtaining information through Freedom of Information Law (FOIL) requests can be a long and frustrating experience. City agencies promptly acknowledge receipt of a request but can take months or years to release the desired information.

    In June, City Limits reported on the “skeleton staff” who make up the FOIL staff at many city agencies.

    While the Department of Environmental Protection employs 28 FOIL staff members — the most of any city agency by far — several others, including the Department of City Planning, NYC Health + Hospitals and the New York City Emergency Management employ just one person to handle information requests.

    Comment: Although my information may be mistaken or my memory faulty, I recall an affidavit in which it was said that the FBI’s FOIA head supervises 80 staff.

  3. DXer said

    Both the USAMRIID and the FBI have failed to provide a copy of the anthrax research progress report transmitted by Bruce Ivins on September 20, 2001 – notwithstanding that the FOIA has been pending since shortly after Dr. Ivins suicide.

    A FOIA request for emails includes all attachments. USAMRIID has failed to provide any attachments rendering many email communications meaningless.

    From: Ivins, Bruce E Dr USAMRIID
    To:
    Subject: Research Progress report
    Date: Thursday, September 20, 2001 9:52:09 AM
    Attachments:
    I have enclosed my research progress report, with changes made as required by the Anthrax Steering
    Committee.
    – Bruce

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