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

* from a recent DXer comment: If you knew what AUSA Kohl and AUSA Lieber withheld … documents and evidence inconsistent with the finely spun narrative in the Amerithrax Investigative Summary … you would weep for Dr. Ivins.

Posted by DXer on April 20, 2012



Driven to his death … and no proof that he did anything.

There is ample evidence on the many pages of this blog

that the FBI case against Dr. Ivins is a tattered shred.

When will the FBI be held accountable for its actions?

When will the country demand the facts?

When will the FBI tell us the truth?


11 Responses to “* from a recent DXer comment: If you knew what AUSA Kohl and AUSA Lieber withheld … documents and evidence inconsistent with the finely spun narrative in the Amerithrax Investigative Summary … you would weep for Dr. Ivins.”

  1. DXer said

    There is no accountability. The FBI’s Dave Hardy agrees now to produce 102 pages of Ivins’ Sept-October 2001 emails that were previously “overlooked.” But persists in withholding 241 pages that he claims — without citing any support — that they are duplicative. Maybe we should consider that the DOJ and FBI may be “overlooking” ways in which the 241 withheld pages are not duplicative. Fresh eyes rarely hurts analysis.

  2. DXer said

    Those that think by concealment and selective argument, mute swans like Bruce Ivins can be killed are mistaken.


    The New York State Senate on Wednesday, April 22, 2015 voted 60-1 to stop the DEC’s kill plan of all Upstate New York mute swans — to include my friend Ernie’s gal pal.

    Now from the Assembly, Assemblyman Cymbrowitz has filed a powerful letter at the DEC, following the Humane Society’s lucid comments and numerous substantive comments filed yesterday.

    The Assembly is expected to pass the measure shortly.

    Meanwhile, NYS DEC’s Bryan Swift is working behind the scenes to have the Manlius, NY eggs destroyed.

    His emails — and those of his colleagues — are subject to a pending FOIA request. He and DEC Commissioner Martens are on notice not to spoliate their emails.

    If they don’t stand down, viral vine videos are going to capture the shooting of innocents — orchestrated by these men who persist in seeking the cull on behalf of some duck hunters, who are funding the project.

    The grandchildren of these men are going to know what they are doing if they don’t stand down and wait for Governor Cuomo to sign the moratorium, after it is passed by the Assembly.

    As in Amerithrax, there has been slipshod reliance on dated and insufficient research — and as explained in the numerous comments filed yesterday, there has been arbitrary and capricious reasoning that characterizes the arrogance of power.

  3. DXer said

    Lead anthrax prosecutor Ken Kohl was not free to reassess US Attorney Taylor’s claims at the August 8, 2008 press conference or AUSA Lieber’s support for an “Ivins Theory” compiled in the Amerithrax Investigative Summary because he was tied up with the Blackwater prosecution, which is in the news today.

    Emails Show Discord Between F.B.I. and Justice Dept. Over Charges in Blackwater Case
    By MATT APUZZO, APRIL 12, 2015

    WASHINGTON — As prosecutors put the finishing touches on the 2008indictment of Blackwater security contractors for a deadly shooting in Iraq, the F.B.I. agents leading the investigation became convinced that political appointees in the Justice Department were intentionally undermining the case, internal emails show.

    The F.B.I. had wanted to charge the American contractors with the type of manslaughter, attempted manslaughter and weapons charges that could send them to prison for the rest of their lives for a September 2007 shooting that left more than a dozen Iraqis dead and many others wounded.

    But at the last minute, the Justice Department balked. In particular, senior officials were uncomfortable with bringing two machine-gun charges, each of which carried mandatory 30-year prison sentences.

    “We are getting some serious resistance from our office to charging the defendants with mandatory minimum time,” Kenneth Kohl, a federal prosecutor, told the lead F.B.I. agent on the case, John Patarini, as the Justice Department prepared to ask a grand jury to vote on an indictment in December 2008.


    After the indictment, the case faced problems and accusations of prosecutorial misconduct and was nearly lost. Then prosecutors missed a filing deadline and let the statute of limitations expire against Mr. Slatten. So he alone was charged with and convicted of murder, which has no statute of limitations. The others were charged with several counts of manslaughter, attempted manslaughter and one count each of using a machine gun in a crime of violence.

    The Justice Department is seeking a 57-year prison sentence for Mr. Slough, 51 years for Mr. Liberty, 47 years for Mr. Heard, and life in prison without parole for Mr. Slatten.

  4. DXer said

    The next motherlode of documents to upload are full civil depositions from US v. Hatfill.

    A friend encouraged me to request under FOIA the enclosures attached to USAMRIID’s response to the subpoena.

    But I wanted to make sure that USAMRMC FOiA person had a break. Its response on the dried aerosol project looked to be the most interesting.

    Now that Sandra has explained to me that which USAMRMC needs to follow Medcom regulations as to (b)(6) and redaction of individual names — but that she can unredact the names of facilities, organizations etc. — I will go through to see what redactions might most helpfully be eliminated.

    Off topic-

    Today I had a wonderful visit from a woman who was a child when her family owned the same property on an island. She pointed out where things had been and where things were buried.

    I’m very excited that she is going to give me a motherlode of old pictures so I may be able to figure out where to dig — even though the pictures date back 40 years.

    She said the Italian men buried everything. As with both Isabella Gardner art heist and Dutch Schultz’ missing millions ( he was an honorary Italian), that’s what I like to hear.

    We capsized this week. My wife was injured, hitting her head. Wear your life preserver. Model the correct choice for others.

    According to Coast Guard statistics, 560 boaters died on our nation’s waterways in 2013. Among those, 75 percent of the nearly 400 boaters who drowned were not wearing life jackets.

    Statistically, the most common scenario of a drowning is where a fisherman stands to pee off the boat.

    Donning a life jacket is much harder once you’re in the water, especially if you’re injured. That’s why the Coast Guard recommends that you wear your life jacket at all times when on a boat or in the water.

    We put 6 electronic devices on the grill — 4 recovered. A heating pad and compressed air also helped a few of them. Apple doesn’t do repairs. 2 additional IPhones also recovered when we paid for a repair. who took the phone apart (though that voids the warranty).

    So I’ve been digging postholes for the last 3 days and so will need to recover before I can get back to thinking about where the bodies are buried.

  5. DXer said


    I can explain why documents were withheld and it can be proved through the documentary record.

    John, the USAMRC senior FOIA person, would send out the batches of emails to a wide group of people at DOJ and FBI for review.

    They then would take forever to review them to see what they wanted to produce — what they wanted to cull.

    After a couple of years — due to Lew’s constant public badgering and haranguing — he put them on a two-week turnaround.

    Somehow no emails would be produced until Lew publicly complained, and then they would be promptly produced. (We owe Lew an incredible debt of gratitude for being so tough on the withholding of documents).

    But as a result, there was a paper record in John’s inbox of the reasons for the delay in production of emails from September 2001- October 2001 — as well as what emails the DOJ and FBI specified to be culled from production.

    And of course there are no secrets from the NSA. A prosecutor or investigator is foolish to think that the documents don’t establish the history of who delayed what and who culled what.

    DOJ prosecutors and investigators should have understood: You don’t even withhold documents without creating the risk that you are putting your job on the line. And it simply is not worth it.

    USAMRC should have started with uploading them when NYT’s Scott Shane and another fellow first asked for Ivins’ email not long after his suicide.

    Instead, they started a couple years before 9/2001 and took many months and years in the production of his emails. They should have uploaded the emails from September 2001 and October 2001 in August 2008.

  6. DXer said

    In an important article, the Former Inspector General Of The Department of Justice makes the following recommendations.

    I urge you to study his important and thoughtful recommendations:

    Forensic Nightmares

    • DXer said

      Michael R. Bromwich has the experience and qualifications to play a leading role in reform on these issues.

      Michael R. Bromwich
      From Wikipedia, the free encyclopedia

      “Michael R. Bromwich (born December 19, 1953) is a litigation attorney who was designated by Barack Obama on June 15, 2010, to be the first director of the newly created Bureau of Ocean Energy Management, Regulation and Enforcement, which replaces the Minerals Management Service[1] in the wake of the Deepwater Horizon oil spill.

      He graduated summa cum laude from Harvard College in 1976. He subsequently received a master’s degree in public policy from John F. Kennedy School of Government, as well as a law degree from Harvard Law School in 1980.[1]

      Bromwich was a federal prosecutor in the U.S. Attorney’s Office for the Southern District of New York and served as associate counsel in the Office of Independent Counsel for Iran-Contra. Bromwich was one of three lawyers for the government in the case of United States v. Oliver L. North.[1]

      He was an Inspector General for the for the Department of Justice from 1994 to 1999. He headed an investigation into the FBI laboratory; the investigation into the bombing of Pan Am Flight 103; the FBI’s conduct regarding Aldrich Ames; the handling of classified information by the FBI and the Department of Justice in the campaign finance investigation; the alleged deception of a congressional delegation by high-ranking officials of the Immigration and Naturalization Service; and the Justice Department’s role in the CIA crack cocaine controversy.[1][2]

      In 1999, he joined Fried, Frank, Harris, Shriver & Jacobson.[2] He joined the New York office of Fried Frank, where he headed the firm’s internal investigations, compliance and monitoring practice group .[1][2]

      In 2002, he served as an independent monitor for the Metropolitan Police Department of the District of Columbia.[1]

      In 2008, he was appointed by the Houston Police Department to investigate its crime lab.[1]”

  7. DXer said

    Under the controlling decision by United States District of Columbia Chief Judge Lamberth, all Amerithrax warrant material is properly disclosed (subject to redactions as necessary) now that the DOJ closed the investigation. IN THE MATTER OF THE APPLICATION OF THE NEW YORK TIMES COMPANY FOR ACCESS TO Misc. CERTAIN SEALED COURT RECORDS.

    In his 2008 decision, Judge Lamberth explained:

    “The Need for Public Access to the Documents at Issue

    In this case, the public has a strong need for access to the documents at issue. As conceded by the government, the anthrax investigation was one of the most complex, time-consuming, and expensive investigations in recent history. As a result, the American citizens have a legitimate interest in observing and understanding how and why the investigation progressed in the way that it did.”

    The full decision can be found here:,33

  8. DXer said

    Study how the FBI and DOJ address this case of massive and widespread violation of the Foreign Corrupt Practices Act by Walmart.

    We now can see how Walmart does its business.

    Let’s see how the FBI and DOJ does THEIR business.

    Vast Mexico Bribery Case Hushed Up by Wal-Mart
    After Top-Level Struggle

  9. DXer said

    AUSA Kohl and Lieber NOWHERE mention the word “rabbits” in their lengthy Amerithrax Investigative Summary on the basis of which Amerithrax was closed. They apparently withheld the information not only from the American public but from their superiors. For an Ivins Theory to be viable as to the central claim by the prosecutors in the B3 lab was unexplained, the DOJ should produce the withheld documents. For example, the FBI removed key notebooks from USAMRIID and then USAMRIID was not able to produce them under FOIA.

    The DOJ withheld all documents relating to rabbits and made no mention of it.

    1. In an Oct 5, ’01 email among the materials provided by USAMRIID this week, Dr. Ivins explains the results 3 days after the challenge of rabbits in the formaldehyde experiment; the word “rabbits” has never passed the prosecutor’s lips
    Posted by Lew Weinstein on December 24, 2011

    2. NOT FOR PUBLIC DISTRIBUTION: 10 days after the rabbits had been challenged on October 1, 2001, Dr. Ivins presented preliminary results from the Battelle study involving the 5 year old preps of rPA vaccine w/ and w/o formaldehyde.
    Posted by Lew Weinstein on December 24, 2011

    3. In new FOIA Response, USAMRIID Reports It Could Not Locate The “Animal Room Environment Report” for B310 and B305 in Building 1425 for Sep – Oct 2001; Those Documents Would Provide Contemporaneous Descriptions Of The Exanguination Of 52 Rabbits During The Week That DOJ Had Speculated That Dr. Ivins Made A Dried Powder In That Suite. GAO: Does The FBI Have A Copy?
    Posted on January 14, 2012

    4. Of The 52 Rabbits In The Early October 2001 Formaldehyde Experiment, How Many Were Exsanguinated Pursuant To This Procedure? All Of Them?
    Posted by Lew Weinstein on January 13, 2012

    5. In Advance Of The October 1, 2001 Rabbit Challenge, The 52 Rabbits Nowhere Mentioned By Prosecutors Needed To Be Moved Into The B3 Suite 7 Days Earlier (And Documents Establish That They Were)
    Posted by Lew Weinstein on January 13, 2012

    6. GAO should obtain the very best contemporaneous documentation relating to Dr. Ivins specific activities with the guinea pigs, mice and rabbits on the nights that DOJ claimed, without evidence, that he was making a dried powder to mail.
    Posted by Lew Weinstein on January 6, 2012

    7. Standard Operating Procedures for Animal Assessment and Monitoring: the beautiful Amerithrax AUSA did not appreciate that Dr. Ivins was tasked to do this the first week of October with 52 rabbits.
    Posted by Lew Weinstein on January 4, 2012

    8. Hickory Dickory Doc: The mice ran up the clock and Dr. Ivins time in the BL-3 lab in late September 2001 but not as much as the rabbits did in early October 2001.
    Posted by Lew Weinstein on January 4, 2012

    9. 12 rabbits then died on day 3 and 4 and more on day 5; Ivins time then spent the extra time on those nights; AUSA Rachel Lieber got her facts seriously wrong in the investigative summary; DOJ should have required citations to the record.
    Posted by Lew Weinstein on January 3, 2012

    10. As explained in the protocols, the rabbits did not start dying until 2-4 days after challenge; after the Oct 1 challenge, the rabbits did not start dying immediately and his time in the B3 at night was negligible
    Posted by Lew Weinstein on January 3, 2012

    11. Numerous USAMRIID Standard Operating Procedures (all mandatory) controlled the animal husbandry baseline services rendered the rabbits, guinea pigs and mice involved in Dr. Ivins’ experiments in Sep-Oct 2001
    Posted by Lew Weinstein on January 3, 2012

    12. After Challenge On About Oct 1, 2001, One Of The Investigators On Rabbit/Formaldehyde Study Were Required To Observe The Control Rabbits For The First 7 Days After Challenge ; The AUSA and Investigators Never Mention The Rabbits
    Posted by Lew Weinstein on January 2, 2012

    13. June 14, 2001 LACUS Subcommittee Meeting notice to consider Dr. Ivins’ proposal regarding formadehyde and rabbits.
    Posted by Lew Weinstein on January 2, 2012

    14. Under The Protocol Involving Rabbits and Formaldehyde Implemented in Late September 2001 and Early October 2001, Dr. Ivins Was Tasked With Monitoring The Animals After Challenge
    Posted by Lew Weinstein on January 1, 2012

    15. Under The Protocol Involving Rabbits and Formaldehyde Relating To The Early October 2001 Challenge, The Rabbits Were To Be Euthanized By Injection Of Euthasol By Animal Tech Lab Anthony Bassett, Who Can Describe The Experiment
    Posted by Lew Weinstein on January 1, 2012

    16. Even in Later Protocols Involving Aerosol Challenges Conducted In Building 1412, the Rabbits Would Be Kept In Building 1425, Suite B3 Before And After Aerosol Challenge In 1412 (Where Monitoring Would Continue 21 Days)
    Posted by Lew Weinstein on December 30, 2011

    17. Each of the 52 rabbits shipped the week of September 24, 2001 to USAMRIID Building 1425 to join Dr. Ivins in the Biolevel 3 lab had a unique identifying microchip.
    Posted by Lew Weinstein on December 26, 2011

    18. Like the rabbits shipped to USAMRIID Building 1425 the week of September 24th and acclimated to biolevel 3 for one week before being challenged, the mice similarly were housed in building 1425, not building 1412
    Posted by Lew Weinstein on December 26, 2011

    19. On October 14, 2001, when Dr. Ivins spent 1 1/2 hours in B3, do DEA Controlled Substance records indicate that he was euthanizing and exsanguinating the surviving rabbits?
    Posted by Lew Weinstein on December 12, 2011

    20. After rabbits are challenged on the hot side, as many as three autoclaves are needed just processing cages and other items from the hotside, and it takes time to disinfect, decon and re-set up a room
    Posted by Lew Weinstein on December 8, 2011

    21 At USAMRIID, subcutaneous challenge of rabbits was ALWAYS done in the hot suite ; the hot suite is unavailable for subcutaneous challenge (or making a dried powder) when being decontaminated
    Posted by Lew Weinstein on December 8, 2011

    22. The scientist who made the large amount of virulent Ames that is missing, who was thanked by the former Zawahiri associate for providing technical assistance re the Ames, is the person who could explain about the rabbits ; but she’s not talking.
    Posted by Lew Weinstein on November 9, 2011

    23. “AR” on the Floor Plan For USAMRIID Building Floor Plan Stands For “Animal Resources” – WHat was Dr. Ivins doing in “AR” — working with animals like his lab notes and emails show.

    24. As Dr. Ivins often explained, conducting a rabbit study such as the one involving 52 rabbits in early October 2001 always depended on the availability of hot suite space.

    Posted by Lew Weinstein on November 1, 2011

    25. Did Dr. Ivins’ trips to the “AR” from the hot suites as trips to a locked cabinet in “Animal Resources” to get the Ketamine and Euthasol needed to anesthesize and euthanize moribund mice and rabbits? See DEA (part of DOJ) Controlled Substance log.

    26. June 14, 2001 LACUS Subcommittee Meeting notice to consider Dr. Ivins’ proposal regarding formadehyde and rabbits.

    Posted by Lew Weinstein on January 2, 2012

    27. Dr. Ivins preferred a parenteral (subcutaneous) challenge because you could fit 60 rabbits in one room whereas an aerosol challenge would require 4 rooms (1 for animals, 2 hood lines, and 1 spore and bacterial plating)

    Posted by Lew Weinstein on October 31, 2011

    • DXer said

      Letter to the Editor

      Trouble at the FBI crime lab

      Published: April 21

      While reading Spencer S. Hsu’s superb but disturbing April 17 front-page article, “Defendants left unaware of flaws found in cases,” I was reminded of the importance of investigative journalism, inspectors general, public defenders, public-interest groups and the Freedom of Information Act. Without the supporting roles of each, we might not be educated and enlightened to the degree we now are as a result of Mr. Hsu’s work about law enforcement’s curious treatment of forensic evidence in cases where lives can hang in the balance.

      But that is not nearly enough. Policymakers need to investigate and correct any systemic problems with respect to the collection, interpretation and use of forensic evidence by the Justice Department and FBI. Anything less would be unforgivable in a democratic nation that prides itself on the enduring, nonnegotiable principles of liberty, equality and justice for all.

      Jeffrey S. Silva, Bethesda

      The Post series documenting problems with forensic analysis at the FBI’s crime lab, and the efforts of officials to conceal the findings, has certainly been eye-opening. One can understand mistakes; one can even understand ignoring sound scientific principles to establish meaningful procedures and protocols. One is hard-pressed, however, to understand why such things should be deliberately concealed from defendants, except for the notion that the people involved were more concerned with protecting agencies and prosecutors than in obtaining impartial justice.

      Orin Hollander, Jamison, Pa.


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