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

* Dr. Dillon’s May 15 FOIA request for redacted version of 2,000-page page written by Richard Lambert summarizing Amerithrax investigation

Posted by Lew Weinstein on May 15, 2015

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2 Responses to “* Dr. Dillon’s May 15 FOIA request for redacted version of 2,000-page page written by Richard Lambert summarizing Amerithrax investigation”

  1. DXer said

    This is the Table of Contests the ethics attorney named as a defendant by plaintiff Richard Lambert. Attorney Lambert, representing himself, is the former lead Amerithrax investigator who claims that the FBI is intentionally concealing evidence.

    TABLE OF CONTENTS

    TABLE OF AUTHORITIES ………………………………………………………………………………… iv

    LR 7.1(a) CONCISE STATEMENT OF THE FACTUAL AND LEGAL GROUNDS ENTITLING KELLEY TO DISMISSAL UNDER RULE 12(b)(6)……………………………. 1

    STATEMENT OF FACTS ……………………………………………………………………………………. 1

    THIS LAWSUIT………………………………………………………………………………………………….. 5

    ARGUMENT ………………………………………………………………………………………………………. 6

    This Case Is Time-Barred…………………………………………………………………………… 6

    Westfall Immunity Should Bar This Suit for Legal Malpractice……………………… 7

    The Court Should Decline to Imply a Bivens Remedy. ………………………………….. 9

    Wilkie Step One: Alternative, Existing Processes………………………………… 9

    1. The Civil Service Reform Act (CSRA) Protects Whistleblowers. ……. 10

    2. The Privacy Act Governs Dissemination of False Information by………..

    Government Employees…………………………………………………………….. 11

    3. Administrative, State, and Local Processes Permit Reporting and Redress of Attorney Misconduct, Malpractice, and Defamation……… 12

    4. Department of Energy Processes for Challenging Security
    Clearance Revocation and Retaliation. ………………………………………… 14

    Wilkie Step Two: Special Factors Counseling Against a Bivens
    Remedy. ………………………………………………………………………………………. 16

    1. Plaintiff Asks the Court to Authorize a New Species of Litigation Absent Congressional Authorization. ………………………………………….. 16

    2. The Propriety of Security Clearances Is a Matter of National
    Security, Exclusively Committed to the Executive Branch…………….. 17

    3. Plaintiff Seeks to Challenge Official FBI and DOJ Policies. ………….. 18

    Qualified Immunity Bars This Suit……………………………………………………………. 19

    A. Qualified Immunity Prong One: Plaintiff Has Not Alleged That Kelley Personally Committed a Constitutional Violation. …………………………….. 19

    1. Plaintiff Fails to Allege Personal Involvement in Intentional Wrongdoing. ……………………………………………………………………………. 19

    a. Plaintiff Has Not Plausibly Alleged Personal Involvement. …….. 20

    b. Negligently Inflicted Harm Cannot Support a Bivens Claim. …… 21

    2. Plaintiff Fails to Plausibly Allege Retaliation……………………………….. 22

    3. Plaintiff States No Due Process Violation. …………………………………… 23

    B. Qualified Immunity Prong Two: Plaintiff Alleges No Clearly
    Established Constitutional Violation. ………………………………………………. 25

    Plaintiff Cannot Recover Equitable Relief. ………………………………………………… 25

    Conclusion ……………………………………………………………………………………………. 25

  2. DXer said

    Last year I was at a local Cornell picnic, standing in line for food, and someone in the landscape business was introducing himself to a woman next to us. She said she was recently retired from the State Department. The local owner of the well-known landscaping company, said “Ah, you must really work for the CIA.” She said she worked in “open source analysis.” And then I interjected how wonderful the CIA’s Foreign Broadcast Information Service (“FBIS”) was. It was a simply conceived but useful service that translated foreign press, with a briefed background on the source (ala Wikisource) She confirmed that was what she had overseen. I told her that Dr. Ayman Zawahiri was behind the anthrax mailings but she said she was retired.

    I normally might include a clip from “Retired and Extremely Dangerous” movies — but now I can only think to tell that yesterday I spent feeding the wrong end of a gerry-rigged woodchipper. I couldn’t understand why the woodchipper kept spitting out the logs into my face — but will always remember how I would peer into the chute trying to figure it out.

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