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

* is there no way to hold JAG or someone else responsible for what appears to be a purposeful withholding of information related to the FBI’s bogus investigation of the 2001 anthrax attacks?

Posted by Lew Weinstein on October 4, 2010

welcome to Fort Detrick ... just don't expect any answers to your questions

******

DXer commented earlier today …

  • It is JAG that appears responsible for the withholding of documents for two years.
  • If all remaining documents are not produced this week, Congress should call a JAG witness to explain why they delayed production for two years and who made the decision at JAG to delay production of the documents.
  • A federal judge likely would sanction the JAG attorneys in a civil litigation context.
  • The practice of law should never involve hide-the-ball.
  • Taxpayers are paying the JAG salaries.  The lawyer responsible for withholding the documents works for taxpayers.

LMW COMMENT …

This whole affair is a disgrace.

The FBI’s case against Dr. Ivins is clearly bogus: no evidence, no witnesses, an impossible timeline, science that proves innocence instead of guilt.

So what really happened? And why? The “fictional” scenario in my novel CASE CLOSED has been judged by many readers, including a highly respected official in the U.S. Intelligence Community, as perhaps more plausible than the FBI’s unproven assertions.

* buy CASE CLOSED at amazon *

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36 Responses to “* is there no way to hold JAG or someone else responsible for what appears to be a purposeful withholding of information related to the FBI’s bogus investigation of the 2001 anthrax attacks?”

  1. DXer said

    As I recall, JAG’s role in redacting/withholding was overcome by its providing the 300 emails in a final batch. They were of an innocuous workplace joke nature and JAG apparently had just wanted to pretty things up a bit.

    IMO, JAG made it right, though, by producing those documents rather than incur the wrath of Lew. I don’t blame USAMRIID for anything up until February 2010 because they were under the thumb of DOJ and FBI in an investigation that had not yet been officially closed. A USAMRC FOIA official is subordinate to the DOJ and FBI in an investigation — or at least that was the position of the USAMRC FOIA official.

    But given JAG’s role, they could play a role in understanding the withholding of substantive documents by DOJ and FBI.

    For example, maybe some JAG attorney, an officer of the court, could figure out why USAMRIID did not have this email uploaded below to produce.

    I had to go to DOJ for it — asking for the specifically identified email that I knew had been culled from production.

    And, GAO, there were lots more. You can identify those withheld, if John at USMRC or JAG is not helpful, by finding the gaps in the sequential numbering when displayed in this format of the culled email below.

    DOJ For 4 Years Withheld This Email (Message 0438) Written By Bruce Ivins On The Date Of Alleged Mailing Of Deadly Anthrax ; GAO Should Obtain A Full Set Of Emails From DOJ, Including Those That DOJ Has Still Failed To Produce

    Posted by Lew Weinstein on March 1, 2012
    https://caseclosedbylewweinstein.wordpress.com/2012/03/01/doj-for-4-years-withheld-this-email-message-0438-written-by-bruce-ivins-on-the-date-of-alleged-mailing-of-deadly-anthrax-gao-should-obtain-a-full-set-of-emails-from-doj-including-those-that-doj/

  2. DXer said

    “Courage is being scared, but saddling up anyway.” John Wayne

    — as quoted in a July 8, 2008 email by Bruce Ivins produced yesterday by USAMRIID

    “You can’t say that he is courageous in overcoming his fear of dentists when now if he had the chance he would be in here every month.”

    — My dental hygienist to my wife.

  3. Anonymous said

    Only another 5 days to go until the NAS anthrax report is released:

    http://www8.nationalacademies.org/cp/projectview.aspx?key=49105

    The start date for the project is 4/24/2009.

    A report will be issued at the end of the project.

    Project Duration: 18 months

  4. DXer said

    Dr. Ivins’ brother Charles told me the anecdote from a cruise they went on. He says that he was urging that Bruce go parasailing with them and Bruce said that someone had to be holding the camera when the line snapped. Leaving the cruise, Bruce said that he just saw some shark floss their teeth.

    But no one would have been able to maintain their sense of humor if their employer treated them as USAMRIID treated Dr. Ivins — preventing his lawyers from interviewing Dr. Ivins’ friends and co-workers.

  5. DXer said

    If WikiLeaks had been around in 2001, could the events of 9/11 have been prevented? The idea is worth considering.
    October 15, 2010|By Coleen Rowley and Bogdan Dzakovic

    http://articles.latimes.com/2010/oct/15/opinion/la-oe-rowley-wikileaks-20101015

  6. DXer said

    The Infiltration of US Biodefense: Anthrax and Al Qaeda
    http://www.blurb.com/books/1443811

    http://www.newanthraxandalqaeda.com

  7. DXer said

    From: Ivins, Bruce E Dr USAMRIID
    RE: Missing materials (UNCLASSIFIED)
    Wednesday, June 11, 2008 11:15:20 AM

    I have not been in the laboratory since November 1, so I couldn’t go through over 300 select agents (some in multiple containers). The FBI left the sheet of what was taken at my desk. came in and seized the sheet, not leaving me a copy, took it forward to Headquarters, who gave it to the JAG. The JAG refuses to show me what of mine was taken.

    -Bruce
    Bruce Ivins

    • DXer said

      Wednesday, June 11, 2008 10:21 AM
      To: Ivins, Bruce E Dr USAMRIID
      Subject: Missing materials (UNCLASSIFIED)

      I spoke to the Jag Office and they gave some guidance in resolving the inventory discrepancies. Please provide a listing on memorandum of all of the materials that cannot be accounted for at this time and we will send it forward to the attorney general and ask them to concur that they took these materials to the best of our ability. I have asked JAG and they have no records of what was taken this is our last recourse.

      At the time of the search I asked that all researchers in the searched areas conduct a 100% inventory of their stocks and immediately write off discrepancies as “seized” do you have any idea why this was not done at the time. Or was this done and these are really new losses?

  8. DXer said

    From: To: Subject: Date:
    Ivins, Bruce E Dr USAMRIID
    RE: Bruce (UNCLASSIFIED)
    Tuesday, July 01, 2008

    Classification: UNCLASSIFIED

    Thank you very much, . My attorneys have no interest in anything proprietary or classified. They want to ask questions of my coworkers about me. I have given both my attorneys and coworkers complete permission to talk about me freely. Hopefully, the “farther-up place” in the Pentagon will give a positive response. Thanks again for all of your help.

    -Bruce
    Bruce Ivins

  9. DXer said

    From: To: Subject: Date:
    Ivins, Bruce E Dr USAMRIID
    Our meeting today (UNCLASSIFIED) Thursday, June 19, 2008 2:58:57 PM

    Dear

    I wanted to meet with you today to find out if there has been any progress with respect to my attorneys wishing to speak to my coworkers about me. It has been several weeks since the official request was made, and neither my attorneys nor I have heard anything. The Army should understand that my attorneys have no desire to talk about anything that is proprietary (such as specific experiments with drugs, vaccines, or detection devices), nor do they wish to delve into any classified information. They specifically wish to interview my coworkers about me, and I have given my coworkers and my attorneys my specific permission to discuss me both professionally and personally. I hope that this information can be forwarded to the JAG and to whomever else needs to see it. If the Ft. Detrick JAG has not received a response from those that they sent the request to, I would hope that they could give to us the appropriate names so that my attorneys can soon begin interviewing my coworkers.
    Again, let me emphasize that my attorneys have no desire to delve into any proprietary or classified information. Thank you very much.

    -Bruce
    Bruce Ivins

  10. DXer said

    From:
    To:
    Subject:
    Date:
    Ivins, Bruce E Dr USAMRIID
    Materials removed from B3/B4 on 1 NOV 07. (UNCLASSIFIED) Monday, June 09, 2008 8:48:01 AM

    Hi,

    As you know, on November 1, 2007, select agent material was removed from my inventory (and possibly other investigators’ inventories)in (and possibly . My laboratory has a PIN required for entry and the refrigerator where my working stocks are kept has a key lock, with the key contained in a lock box with a combination on it. Despite these safeguards, material was taken. I don’t know how much was taken from any particular Select Agent number, nor do I know if CDC has been notified of the missing material.

    Could you please – if you have it – provide me with the information concerning how much material was taken from what select agent samples. Then I can account for any discrepancies. Thank you very much.

    -Bruce
    Bruce Ivins

    http://www.newanthraxandalqaeda.com

    • DXer said

      From: Ivins, Bruce E Dr USAMRIID
      Sent: Wednesday, July 02, 2008 10:51 AM
      Subject: FW: BSAT inventory (04-23-2008)
      ,
      I need to get my select agents out of my name and into (hopefully) yours no later than the last week in August. Otherwise, they’ll have to go into collection or(b)(6) collection.

      Whenever the inventory is transferred, somebody from my lab will have to go in with somebody from the receiving lab to check to make sure that the inventory is correct. Any discrepancies should be assigned to DOJ/USPS seizure of select agent material from the biocontainment suite area.

      -Bruce
      Bruce Ivins

  11. DXer said

    From: To: Subject: Date:
    Ivins, Bruce E Dr USAMRIID
    JAG permission, etc. (UNCLASSIFIED) Monday, June 02, 2008 3:27:17 PM
    (b)(6)

    Dear

    If you could find out (through(b)(6) ) specifically who above the Detrick JAG is responsible for allowing (or refusing to allow) my coworkers to talk to my attorney, I would appreciate the information. That way, if there is a problem, my attorney can directly contact them to resolve any issues or barriers standing in the way of my coworkers communicating with my attorney. Again, as I said before, my attorneys want to ask questions pertaining to me. If the Department of the Army insists on abridging the First Amendment (Free Speech) rights of its coworkers, then I would certainly like to know how they are able to deny them those rights.

    -Bruce
    Bruce Ivins

    • DXer said

      From: Ivins, Bruce E Dr USAMRIID
      RE: JAG permission for my attorney to talk to USAMRIID personnel (UNCLASSIFIED)
      Monday, June 02, 2008 2:51:43 PM
      (b)(6)

      Thank you very much for following up on this. I hope that the Department of the Army understands that my attorney doesn’t need to talk to my coworkers on post, and that he doesn’t wish to ask them about anything proprietary or classified. He would like to get their opinions as they pertain to me – how long they’ve known me, what they know about me from working around me, etc. I hope this can be made clear to the JAG and to the Department of the Army.

      Thank you very much.

      -Bruce
      Bruce Ivins

      From: Sent: Monday, June 02, 2008 12:03 PM
      To: Ivins, Bruce E Dr USAMRIID
      RE: JAG permission for my attorney to talk to USAMRIID personnel (UNCLASSIFIED)

      Bruce,

      I just talked to . This request requires approval at a higher (DA) level. forwarded the request about 2 weeks ago and he will follow-up.

  12. DXer said

    From: To: Subject: Date:
    Ivins, Bruce E Dr USAMRIID
    FW: RIID-Train Assignment (UNCLASSIFIED) Tuesday, June 03, 2008 3:20:14 PM

    I no longer go into laboratory areas. Hence, I don’t need respiratory protection. Thank you very much.

    -Bruce
    Bruce Ivins

    • DXer said

      From: To:
      Subject: Date:
      Ivins, Bruce E Dr USAMRIID
      RE: BSAT inventory (04-23-2008) (UNCLASSIFIED)
      Wednesday, July 02, 2008 3:08:39 PM

      Before you destroy any particular strain (not just batch), please check with the RO. I realize that some lots and batches of strains are better (cleaner, less clumped, more refractile, etc.) than others, so you could probably use the occasion to get rid of some of the junkier batches. First check with ..please! I was told by several years ago, that we should not completely destroy 100% of any batch of spores made. Perhaps the JAG needs to check with DOJ on this, but you don’t want to wind up with the DOJ saying, “You did WHAT?!!!!!!!!” after autoclaving several batches of spores.

      -Bruce
      Bruce Ivins

  13. DXer said

    From: Sent: Tuesday, July 01, 2008 4:32 PM
    To: Ivins, Bruce E Dr USAMRIID
    Subject: RE: Info to me from JAG and Institute Commander (UNCLASSIFIED)

    I spoke with the Federal Public Defender. They have your affadavit, and will submit it. He wanted to know if I could continue as your appointed counsel. I will put in a request to do so, and Venable would have to approve it.

    —–Original Message—–

    From: Ivins, Bruce E Dr USAMRIID [mailto:bruce.ivins@us.army.mil]
    Sent: Tuesday, July 01, 2008 12:35 PM
    To:(b)(6) Subject: Info to me from JAG and Institute Commander (UNCLASSIFIED)
    Classification: UNCLASSIFIED Caveats: NONE

    Dear This is the response I received from our Institute Commander(b)(6) and the Ft. Detrick
    JAG. Thank you very much for your help.

    -Bruce
    Bruce Ivins

  14. Anonymous said

    Only another 12 days to go until the NAS anthrax report is released:

    http://www8.nationalacademies.org/cp/projectview.aspx?key=49105

    The start date for the project is 4/24/2009.

    A report will be issued at the end of the project.

    Project Duration: 18 months

  15. BugMaster said

    Would the DOJ have attempted to obtain an indictment knowing that had the case gone to court, Ivins would have been aquitted?

    Sounds like a risky strategy to me.

    • Lew Weinstein said

      The more likely scenario is that DOJ/FBI knew they didn’t have a case. When Ivins was dead, they made him the fall guy. How very convenient! And now they don’t care what we say. They never have to respond. They never have to make a credible case. Everyone (except Congressman Holt) who made a stink before is now mute. So the questions I asked when I wrote CASE CLOSED in 2008 still sit there. Unanswered. Did the FBI fail to solve the case? Did they solve it but are covering up to keep the truth from being known? Which is worse?

      • BugMaster said

        Lew:

        They are going to have to make a credible case. It will not be “case closed” until they do so.

        Rush Holt’s call for further investigation (note the recent GAO announcment) is getting traction from somewhere.

        And now the GAO is getting involved, well, it’s not just us loonies anymore!

  16. DXer said

    From: Ivins, Bruce E Dr USAMRIID
    Subject: FW: Lab Analysis Meeting (UNCLASSIFIED)
    Date: Wednesday, January 30, 2008 8:21:53 AM
    Classification: UNCLASSIFIED
    Caveats: NONE

    Do any of you remember what this was about? I don’t recall going to it. Any helpful information (such
    as subject matter, attendees, etc.) would be very much appreciated. Thanks loads!
    -bruce
    Bruce Ivins

    >From: Ivins, Bruce E Dr USAMRIID
    >Sent: Thursday, March 28, 2002 8:35 AM
    >To:
    >Subject: RE: Lab Analysis Meeting
    >
    >Thanks,
    >- Bruce
    >>
    —–Original Message—–

    >From: _____________
    >Sent: Wednesday, March 27, 2002 5:09 PM
    >To: _________ ; Ivins, Bruce E Dr USAMRIID;
    >Cc

    :>Subject: Lab Analysis Meeting
    >Importance: High
    >
    >All,
    >
    >Subject meeting is tentatively scheduled for Friday, 29 March at 0900 in office. I am
    waiting for confirmation from (FBI). Please hold your calendars for this time slot.
    >
    >Thanks very much.

    • DXer said

      >From:
      >Sent: Wednesday, January 30, 2008 8:42 AM
      >To: Ivins, Bruce E Dr USAMRIID
      >Subject: RE: Lab Analysis Meeting (UNCLASSIFIED)
      >
      >Classification: UNCLASSIFIED
      >Caveats: NONE
      >
      >Dr. Ivins,
      >
      >My computer crashed during the time was Commander and I lost quite a bit of
      information. This was the time of paper calendars which I still have and other than the meeting still
      appearing on calendar at 0900 I do not have any additional information. Individuals
      mentioned from the FBI were . This date was also Good Friday that year.
      >
      >Sorry.
      >
      >_____________________________________________

    • DXer said

      From: Ivins, Bruce E Dr USAMRIID
      To:
      Subject: RE: Lab Analysis Meeting (UNCLASSIFIED)
      Date: Wednesday, January 30, 2008 10:13:35 AM
      Classification: UNCLASSIFIED
      Caveats: NONE

      Thanks, so much, I’m trying to find as much information on our help with the FBI and the
      repository from th anuary – May timeframe. I have that meeting down, but have no clue as to what it
      was about, or if I was even there. I remember one important meeting I had to miss because I had
      already accepted being on a review team down at NIH, but I don’t know if this was it or it was
      sometime else. Thanks for all your informational help! What I can dig up is only spotty.
      -bruce
      Bruce Ivins

    • DXer said

      From:
      Sent: Wednesday, January 30, 2008 9:05 AM
      To: Ivins, Bruce E Dr USAMRIID
      Subject: Re: Lab Analysis Meeting (UNCLASSIFIED)

      Bruce,

      If I have anything it is in my old mail archives that I was able to access on computer.
      The last time I tried, it didn’t work.

      However, I am going to try to reload those archives onto PC within the next week. I will get
      back to you in the next week or so.

      The other thing I can try is to search my old hard drive. The new Macs can’t read the old text
      documents.

      It doesn’t ring a bell, but it has been a while.

  17. Anonymous said

    Only another 18 days to go until the NAS anthrax report is released:

    http://www8.nationalacademies.org/cp/projectview.aspx?key=49105

    The start date for the project is 4/24/2009.

    A report will be issued at the end of the project.

    Project Duration: 18 months

  18. DXer said

    That would be great Bugmaster, if you could go and give a detailed report back. The local journalist likely will write up but the school is expressly prohibited by contract from taping or videotaping it. You could even ask specifically what she knows that we don’t.

    The Dark Con of Man Is Exposed: Apple
    http://www.newanthraxandalqaeda.com

    Ancient Rosslyn awaits. We are who we protect.

    • BugMaster said

      Maybe good old Ed can fire up his cool car, head down to Manitowac, grab the ferry to Ludington, and drive up to Petosky to join me!

      • Anonymous said

        Yes, and then Ed can tell Dina Temple-Raston that’s she part of the conspiracy theorist lunatic fringe for classifying the anthrax investigation as a “controversy” and a “current challenge” for the FBI.

        • BugMaster said

          Ed is what you call a “true Believer”.

          He truly believes he knows everything.

        • Anonymous said

          I see Ed is desperately trying to spin on his website that Dina Temple-Raston has written she has “no problem” believing Bruce Ivins was the anthrax killer. As usual, a pack of lies.

          See what Dina Temple-Raston has written here:
          http://www.npr.org/templates/story/story.php?storyId=93374304

          Doubts Arise In Bruce Ivins Case

          NPR’s Dina Temple-Raston has been following this story, and she’s here now. Dina, scientists and legal experts, they’re saying that the evidence against Ivins is really far from foolproof, that there is no smoking gun. What are they concerned about?

          DINA TEMPLE-RASTON: Well, a lot of the scientists who have looked at this say that they couldn’t – that the FBI couldn’t possibly have ruled out everyone who might have matched the anthrax vial or had access to the anthrax vial that they matched to Ivins. And this is basically, without getting too much into the science, this is because anthrax, all you have to do is grow more. So if you had some anthrax, conceivably, from this vial that they linked to Ivins, you could have grown your own source of more of that.

          They also can’t place him in Princeton, which is where the letters were mailed from, and he has this very distinctive, cramped handwriting that they couldn’t match the handwriting on the envelopes. The FBI said it was similar, but there was nothing conclusive there. And there’s this broader feeling that he couldn’t have possibly accomplished all of this on his own. The plan was too elaborate and too technical for one person to do by themselves.

        • Anonymous said

          Anthrax Indictment May Have Been Weeks Away
          by Dina Temple-Raston

          Government investigators tell NPR that they were still several major legal steps away from indicting army researcher Dr. Bruce Ivins for the 2001 anthrax attacks when he killed himself this past week.

          While they had written up the case and told officials at the Department of Justice they were prepared to go forward, the department had not yet approved the case. What is more, the evidence against Ivins had not yet been presented in its entirety to a grand jury and jurors had not yet been asked to vote on an indictment. That process could have taken weeks.

          more…

          http://www.npr.org/templates/story/story.php?storyId=93

  19. Anonymous said

    National Public Radio’s FBI correspondent, Dina Temple-Raston, will speak this month at North Central Michigan College as part of the college’s lecture series.

    Temple-Raston’s presentation, “Current Challenges for the FBI,” will address recent controversies including national security letters and the anthrax investigations of 2001. Her talk will also include current developments and concerns about civil liberties in relation to the FBI and its investigations.

    Temple-Raston has been an FBI correspondent for National Public Radio since 2007.

    ——————————————–

    The anthrax investigation is a “controversy”? But according to Ed Lake the case has been solved and is now completely uncontroversial.

  20. Anonymous said

    William C Patrick III, 1926-2010
    ——————————-
    Today [1 Oct 2010] we received word on the passing of Mr William C
    Patrick, III. Not only was he one of the few experts in the world in
    biological weapons development and dissemination, he also had the
    unique ability to relate that information to 1st responders, medical
    professionals, politicians, and intelligence and military personnel.

    Bill was a patriot who loved his country and served her for over 60
    years. He served in the US Army during World War II; and, from 1951
    to 1972, he worked with the US offensive biological weapons program.
    He served as the Chief of the Product Development Division,
    Biological Warfare Laboratories for the last 7 years of the program.

    Mr Patrick holds 5 US patents pertaining to biological processes and
    equipment. In 1972 he joined the new US Army Medical Research
    Institute of Infectious Diseases (USAMRIID) and served as its Plans
    and Programs Officer until 1984, reporting directly to the commander.
    He participated in the planning, directing, coordinating, evaluating,
    and reporting on a broad, complex program of medical defense against
    bio-warfare agents. In 1984, he was promoted to one of the most
    senior civilian positions at USAMRIID as Program Analysis Officer, a
    position he held until his retirement in 1986.

    After retirement, Bill remained active as a biological warfare
    consultant to the government and private organizations. He was a Team
    Leader of a United Nations UNSCOM [UN Special Commission] inspection
    visit to Iraq, and has received the prestigious CIA Meritorious
    Citation and the Order of Military Medical Merit.

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