* The FBI has failed to produce the emails from Bruce Ivins to Mara Linscott (e.g., dated 9/15/2001 and 9/26/2001) that have times that would confirm her statement that he would go to the B3 to use the internet; she would know – he was emailing her.
Posted by DXer on November 30, 2011
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CASE CLOSED ... what really happened in the 2001 anthrax attacks? 
DXer said
In the fictionalized made-for-tv show about Ivins’ emails this week, the showrunner should have avoided making things up about the emails — and uploaded the actual emails so that the characterization of the emails in the show could be checked. The National Geographic should upload Ivins emails — and obtain from the FBI still being withheld by the FBI. Many hundreds of Ivins’ emails that I obtained under FOIA have been uploaded to this blog. They were uploaded in batches as they were produced. (NYT journalist Scott Shane actually submitted the initial request; I merely followed up over the course of the years that it took the FBI to produce them).
The FBI still has withheld critical emails that they have mischaracterized. It is utterly immoral to spin the emails while withholding them. The NG is just spinning Willman who was channeling the agents.
DXer said
DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
ORDERED that, within thirty days of the date of this Order, DOJ shall file a notice with the Court that provides possible explanations for why the FBI did not release the three emails purportedly sent to Mara Linscott that Dillon identified in his February 2018 letter to government counsel;
Dated: January 17, 2019 RUDOLPH CONTRERAS United States District Judge
Case 1:17-cv-01716-RC Document 26 Filed 01/17/19 Page 1 of 1
DXer said
On Saturday, September 15, 2001, in yet another email still being wrongfully withheld by FBI’s FOIA David Hardy, Ivins wrote Linscott in part:
“I am incredibly sad and angry at what happened, now that it has sunk in. Sad for all the victims, their families, their friends. And angry. Very angry. Angry at those who did this, who support them, who coddle them, and who excuse them.”
Do you think the FBI is withholding the email because he mentions why he was in at work on a Saturday?
He worked in Building 1425 from 8:05 pm. to 11:54 p.m. He was in the B-3 from 9:38 – 11:53 for a total of 2 hours 15 minutes in the B-3.
In an interview with the FBI, Mara Linscott explained that checking the animals on weekends and nights was a one-person job and would take a couple of hours, which is what was observed.
The FBI is withholding the documentary evidence — to include this September 15, 2001 email — demonstrating what Ivins did for part of the time he was in Building 1425.
It is wrong and immoral for the FBI to have withheld it for all these years — it was wrong and immoral to cull it from production 7 years ago when I sought it (and Scott Shane of the NYT sought it) and was wrong and immoral for the FBI to withhold it from production in the latest request.
At the same time, its agents and friends have relied on the email to publish books for money.
Someone needs to pay Ken Dillon’s attorneys fees and be held accountable.
Click to access Anthrax-search-warrant.pdf
DXer said
Why didn’t Dave Hardy produce the September 15, 2001 and September 26, 2001? Does he still need another agency’s vetting?
Here is some background:
DXer said
November 30, 2011 at 5:20 am
GAO:
The DOJ has refused to produce to the public copies of the September 15, 2001 and September 26, 2001 emails written to Mara Linscott showing the time that they were sent — which tend to indicate whether he was at home or at work. At the time of the email, we know what he was doing: he was writing the email. There is zero justification for not disclosing the time and date of all emails — particularly given that the content of the emails are being relied upon by DOJ in its “Ivins Theory.” Mara has said that he would use the internet in the B3 suite. She would know — he was writing her.
DXer said
November 27, 2011 at 1:10 pm
FBI agents commonly interview individuals without presenting them with the relevant documents. The interviewee gives their best recollection and then the FBI seeks to obtain the relevant documents. Moreover, note that Dr. Linscott was not at USAMRIID in September and October 2001 and so she is referring to the notebooks reflecting her earlier work while she was there. Agent Montooth says he is comfortable with an Ivins Theory and he seems sincere. So the task is not to question his good faith but to work together to reconstruct the timeline of events by the very best documentary and testimonial evidence.
DXer said
November 27, 2011 at 4:31 pm
Dr. Linscott was not at USAMRIID in Fall 2001 and so I believe you are referring to her earlier work that included work related to one published article — the article that the FBI has provided in the record. That involved work by a former Zawahiri associate funded by DARPA who worked alongside Mara in a biolevel 3 lab. It related to a decontamination agent tested at Dugway, Johns-Hopkins and Edgewood (and USAMRIID). She explained that only some of her work was published given that she worked at a military institution.
If there is another published article or articles, it would be important to locate. Pubmed only has the one but pubmed is not comprehensive by any means. Scopus, for example, could be double-checked.
To blow past the bit players in the drama you need to go directly to Perseus’ funding of Nanobio and to the man at USAMRIID who thinks is “above the law.” See 302 interview statement using the statement.
Her ex can also describe her work and so it is not like the junior lab assistant was doing classified work.
DXer said
Congress and the GAO should act to prevent the Department of Justice from destroying the depositions of Patricia Fellows and Mara Linscott – by subpoena if necessary
Posted on November 30, 2011
Comment: Now, FBI’s FOIA head might tell you that the FBI has shredded the civil depositions of Patricia Fellows and Mara Linscott. But if he were to tell you that the FBI shredded Ivins’ emails to Fellows and Linscott emails, that would constitute a criminal spoliation of evidence and obstruction of justice.
DXer said
His former assistant, Mara Linscott, has said that Ivins would check animals in small animal experiments on nights and weekends — the burden of the odd hours, he had explained in the summer of 2000 — fell on him.
(In addition to living near the base, one of the principal investigators could not enter the B3 for health reasons).
Linscott said that it was a one-person job and would take a couple hours in the B3 — which is what it did.
On Saturday, September 15, 2001, Bruce Ivins arrived at Building 1425 at 8:05 p.m – 11: 59 p.m. His total time in the B3 was 2 hours, 15 minutes.
Now Bruce Ivins wrote an email to Mara Linscott on September 15, 2001 — and FBI’s Dave Hardy won’t cough it up. (Don’t ask me how I know because I can’t tell you).
The FBI has formally claimed that it guesses that Ivins was preparing deadly anthrax to mail — growing it and rendering it into a powder.
At the same, the FBI and AUSA never discusses the small animal experiments that were the reason he was in the lab — and withheld all the dozens of pages of documents that this blog has laboriously obtained on the subject from the Army.
(The word “rabbits” never passes AUSA Lieber’s lips).
It is time for the FBI to abide by the rule of law and provide the September 15, 2001. Remind me: what time was the email written? Say, about 8:14 p.m.?
October 18, 2016 filing of amended complaint by former lead Amerithrax investigator Richard Lambert, relating to fingering and railroading of Bruce Ivins in face of daunting undisclosed exculpatory evidence
Posted on November 18, 2016
NYT interview of former lead Amerithrax investigator Richard Lambert: “a staggering amount of exculpatory evidence” regarding Dr. Ivins remains secret
Posted on July 16, 2016
The Administration is pretty testy right now about the FBI. And once Mr. Kushner is indicted things are going to go off the charts in terms of tension. It would be best for the FBI to position itself on the right side of the “rule of law.”
Those FBI employees being positioned to be the “fall guy” should do themselves a favor and simply comply with the FOIA statute.
DXer said
FBI FOIA head Dave Hardy has produced some of Ivins’ emails to Mara Linscott while withholding others. For example, he still is withholding the emails from September 15 and September 26, 2001.
But let me turn to a lengthy email that Bruce Ivins wrote to his former assistant Mara on September 7 that has finally been produced. The FBI withheld for years the email that was written at 11:38 p.m. (23:38 Army time) on September 7, 2001.
The email provides this important lead: On September 17, 2001, when Bruce had to be out to tend to something involving his daughter, was it when she needed to have her wisdom teeth out? As explained in the email that the FBI wrongfully withheld all these years, it had been scheduled for September 7, 2001, but she was on prednisone and the oral surgeon cancelled the procedure after she had taken time off. Bruce was annoyed because they had been told she was on prednisone. As a result, though, the procedure needed to be rescheduled.
This was explained in an email from Bruce to Mara Linscott written from his Army computer at 11:38 p.m. He then left the building at 11:50 p.m.
Then Bruce took time off from work to tend to a matter involving his daughter on September 17 — when the FBI fantasizes that he was preparing to mail deadly anthrax. He actually had business related to his daughter. Was it to have some wisdom teeth removed upon being rescheduled? If the FBI had not withheld his emails from him he might have been able to reconstruct his time.
DXer said
In an email (dated June 28, 2000) to Mara Linscott withheld for years, Bruce Ivins discusses his work with Ames in Building 1412 — as distinguished from Building 1425. The difference between the two buildings is huge — as US Attorney Taylor’s entire Ivins Theory was based on Flask 1029 only ever being stored in Building 1425. The frequent work in 1412 made it necessary to eliminate several hundred additional people with possible access (including Steve Hatfill).
The email was written by “Ivins, Bruce E., Dr. USAMRIID” at 10:25 PM.
Bruce explained that no one was looking forward to vaccinate and challenge hundreds of rabbits. (Eventually the challenges were done by injection rather than aerosol, which allowed the challenges to be shifted to Building 1425 in 2001 and done by far fewer personnel (though more time was required by Bruce who did the nighttime and weekend checks).
DXer said
As Ivins explained in an email that the FBI inexcusably withheld for years “everything falls on my shoulders when it comes to coming back here at odd hours.”
FBI Agent Darin Steele’s analysis of hours that he presented to AUSA Lieber was seriously botched because he never took into account the shift of challenges from Building 1412 to Building 1425.
His analysis focused on the spike in hours in Fall 2001 from all the small animal challenges (that now were done in 1425) — the challenges that were necessary to save the Michigan vaccine manufacturer Bioport’s hide.
Ivins had long dreaded the long hours challenges would involve — and even in 2000 was discussing work on nights and weekends.
Somehow, given the FBI’s selective presentation of hours and emails, the statistics were used to spin a BIG LIE about an imagined two-person rule.
On the face of his analysis, it was crap because the hours continued in November and December 2001, ending only upon the first implementation of a two-person rule in January 2002 (which was short-lived). For FBI WMD head Majidi not to know this was inexcusable given its central importance to the FBI’s Ivins Theory.
Ivins in July 2000 wrote “working, working, working… here at RIID.” He emphasized “everything falls on my shoulders when it comes to coming back here at odd hours.”
DXer said
The date of the rescheduled wisdom teeth appointment could be critical — as the FBI’s initial theory was that his 4 hour absence on September 17 was to mail the anthrax letters, rather than tending to business relating to his daughter.
I explained the significance of the September 17, 2001 which still has not been produced to Dillon. It is only because of his diligence and persistence that we know about the oral surgery scheduled. What will it take to get the FBI to make a proper and full production of the emails?
“October 5, 2014 at 7:31 pm
In the email Bruce sent to Mara on September 17, 2001 at 10, you know that he was writing that email rather than doing something else at the time. And other emails being withheld by the FBI explain the reason Dr. Ivins took 4 hours personal leave related to a personal matter involving his daughter. Yet the Washington Post had a big story in early August quoting an unnamed government source suggesting Dr. Ivins had left the building to mail the anthrax letters. At the time, the FBI had not even confirmed yet that Dr. Ivins went to his usual early evening group therapy session — indeed, that after dealing with the matter involving with his daughter he had come back to Building 1425. The FBI rather than spinning false narratives about his time should have produced the emails and other documents that chronicled how he was spending his time. Instead, the FBI for nearly two years reviewed and culled the emails that USAMRIID was providing. The emails sent to John Peterson at USMRC are direct evidence of the pulling of emails — with no exemption under FOIA being claimed (so as to flag the omission).”
DXer said
As Dr. Andrews has explained, and as indicated by the record evidence, Dr. Ivins viewed his office and hot suite as a “safe place”. He would go to the suite to take showers.
Dr. Andrews’ civil deposition is the fullest, most reliable description of his account.
DXer said
Forensics on the email sent Mara Linscott on 9/26/2001 would have shown the computer from which it was sent.
A laptop with internet service (that went missing) was first installed in the B3 earlier that summer.
DXer said
The Plaintiff has agreed, formally, to shred Mara’s and Pat’s depositions. Thus, the suppression of information resulting from AUSA Rachel Lieber’s withholding of the lab notebooks and related documents is complete.
The USG, for its part, agrees to destroy documents also. The attorneys of record assume responsibility for the destruction of those records.
On the separate issue of the psychiatric file, the government already spun that file and there was a press conference. As his central witness,Dr. Saathoff and Dr. Schouten relied on the first counselor, Judith McLean, who has written a 2009 book explaining that she got her instructions during the period from an alien who implanted a device in her butt. The counselor explained that nasty astral entities would chase her each night and she would need emergency exorcisms to get rid of the nasty spirit that attached themselves from her clients. By destroying the records, you will not see how she annotated the notes of the psychiatrists. The USG based its opinion on her notes and by destroying the original records, you will never see that in the source material. Instead, you’ll just hear the version that Dr. Saathoff was marketing in interviews and press conferences — and yet he is the one who, along with AUSA Lieber, doesn’t want you to think that Dr. Ivins was driven to suicide by the aggressive investigative tactics used against him. The private psychiatrists who consulted for the government have been selling their lengthy report — and yet they did not spend $10 of the $38,000 in expenses in taxpayer funds to buy a copy of the counselor’s book before their press conference last year. GAO: How can it square for the psychiatrists to be selling for profit (a hefty one at that) when the report was funded by taxpayer money?
If and when Dr. Ayman launches a mass anthrax attack against targets in New York City and District of Columbia, the Congressional Staff members not taking action may kick themselves, asking: “Damn, I wish we questioned the justification for sealing those depositions under F.R.Civ.P. 26(c).”
But so long as you don’t have loved ones in DC and New York, it doesn’t matter as much. So go ahead, power up those shredders.