* Dr. Kenneth Dillon’s request for mediation services re DOJ’s withholding of Bruce Ivins’ alibi documents from Sept-October 2001
Posted by Lew Weinstein on August 26, 2016
Office of Government Information Services
National Archives and Records Administration, Room 2510
8601 Adelphi Road
College Park, Maryland 20740-6001
August 26, 2016
Re: Appeal No. DOJ-AP-2016-003776
FOIA Request No. 1327397-000
Office of Government Information Services:
I am an attorney representing Kenneth J. Dillon of Washington, D.C. in seeking your services in mediating with FBI and DOJ regarding his FOIA request for records on U.S. Army scientist Bruce Ivins in the anthrax mailings case. Dr. Dillon is a retired academic historian and retired foreign service officer. He requested records from September and October, 2001 regarding Ivins—specifically, unreleased emails, laboratory notebooks, paper and computer files, information about meetings, and telephone and credit card records, building entry and exit records, and records on Ivins’s animal experiments. The purpose was to show his activities and whereabouts, a crucial kind of alibi evidence.
The anthrax mailings case was the largest criminal investigation in FBI’s history. After Ivins committed suicide in 2008, FBI claimed that he had mailed the anthrax letters. But it only selectively released documents, and there was no trial. According to former chief investigator Richard Lambert, FBI has not released a “staggering amount of exculpatory evidence” (New York Times, April 8, 2015). There are good reasons to believe that the mailings were in fact an al Qaeda attack.
Attached are Dr. Dillon’s original request of April 18, 2015; his appeal to DOJ of June 19, 2016; DOJ’s November 24, 2015 remand of his request to FBI for a search for responsive records; his appeal to DOJ of June 6, 2016; and DOJ’s denial of August 23, 2016.
Among the documents requested is Ivins’s laboratory notebook #4282, which includes the days September 14-18, 2001 when Ivins was purportedly preparing and mailing the first anthrax letters. In spite of my request and Dr. Dillon’s request, FBI has never released this notebook.
Ross E. Getman
Member of DC and New York Bars