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

* The FBI will release “the 2006 whistle blower report of former Head of the Amerithrax investigation Richard Lambert” if Mr. Lambert consents — does he?

Posted by Lew Weinstein on September 14, 2015

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4 Responses to “* The FBI will release “the 2006 whistle blower report of former Head of the Amerithrax investigation Richard Lambert” if Mr. Lambert consents — does he?”

  1. DXer said

    Excerpt from newly filed INDIVIDUAL FEDERAL DEFENDANT PATRICK KELLEY’S MOTION TO DISMISS AND MEMORANDUM IN SUPPORT

    “Alleged “legal malpractice… forms the gravamen of this lawsuit,” in which a disgruntled former FBI employee attempts to recover money damages from the personal assets of FBI attor- ney and ethics official Patrick Kelley. Dkt. No. 19 (Opp. to USA MTD) at 10. Kelley, Plaintiff claims, retaliated against him for “whistleblowing” by waiting several years to negligently inter- pret “a conflict of interest statute” in a manner that hurt Plaintiff’s career. Dkt No. 12 (2AC) at ¶ 56. The claim should be dismissed under Rule 12(b)(6) because: (1) It is time-barred; (2) The Westfall Act absolutely immunizes Kelley against claims of legal malpractice; (3) A constitu- tional damages remedy ought not be implied in this context; (4) Plaintiff cannot overcome quali- fied immunity because he has not plausibly alleged that Kelley personally committed a clearly established constitutional violation; and (5) Plaintiff lacks standing to seek equitable relief, which is unavailable from individual-capacity federal defendants.1”

  2. DXer said

    September 21, 2015, 05:57 pm
    Grassley wants answers on FBI whistleblower retaliation cases
    Sen. Chuck Grassley (R-Iowa) wants the FBI to explain why only five employees have been disciplined for retaliating against whistleblowers since 2004.
    http://thehill.com/blogs/floor-action/senate/254437-grassley-wants-details-on-fbi-whistleblower-cases

    Comment: Former Amerithrax investigator Richard L. Lambert did not respond to my emailed question asking whether he would agree to release the so-called “whistleblower memo.”

  3. DXer said

    Rick does not have a copy of the document. Agents when they leave are not allowed to take documents with them.

    Even assuming former Agent Lambert consents, I believe that all proper names would be appropriately and redacted by the FBI in light of the privacy interests associated with FBI documents.

    Moreover, I have suggested to Agent Lambert that any portions that he does not want disclosed could also be withheld.

    Although any litigant will want to rely on their own research rather than DOJ’s characterization of the case precedent, I always find the DOJ case annotation valuable to read.

    http://www.justice.gov/oip/foia-guide-2004-edition-exemption-7c

    The FBI regularly handles important, sensitive work and anyone framing FOIA requests will want to take that to heart in predicting how a court will decide an issue.

    But as to this memo, it would be hard to find a document more important to the public in understanding of the operations of government.

    It involves issues like the assignment of mostly green recruits straight out of Quantico and depriving Lambert of the services of FBI microbiologists.

    Most of all, it involves the compartmentalization imposed upon the investigation that Lambert felt would lead to a failure to successfully resolve Amerithrax.

    The former lead investigator views Amerithrax as “unsolved.”

  4. DXer said

    The former head of Amerithrax says that the FBI is hiding evidence that could clear Dr. Bruce Ivins. He says that none of the exculpatory evidence of Ivins has been produced. He says the selective presentation of the evidence by the FBI is replete with material omissions. Ivins committed suicide after being swabbed for DNA (even though they already had his DNA). The FBI had found semen-stained panties again that Ivins had thrown out. The first time — in November 2007 — the FBI found a bag of panties Dr. Ivins was so upset he needed a doctor to come immediately to medicate him. Before he committed suicide in July 2008, Dr. Ivins had attempted suicide a few months earlier.

    Background:

    Former FBI director alleges agency concealing evidence in anthrax case Published April 16, 2015
    http://www.foxnews.com/politics/2015/04/16/former-fbi-director-alleges-agency-concealing-evidence-in-anthrax-case/

    Ex FBI director suing agency for intentionally concealing evidence during 2001 anthrax case
    APRIL 17, 2015
    http://www.news.com.au/world/north-america/ex-fbi-director-suing-agency-for-intentionally-concealing-evidence-during-2001-anthrax-case/story-fnh81jut-1227308510372

    Ex-Knoxville FBI official: Agency hiding evidence in anthrax case
    The Associated Press,6:51 p.m. EDT April 15, 2015
    http://www.wbir.com/story/news/2015/04/15/ex-knoxville-fbi-official-agency-hiding-evidence-in-anthrax-case/25844275/

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