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

* 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 by Lew Weinstein on November 18, 2016

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26 Responses to “* 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”

  1. DXer said

    “For these reasons, Kelley’s motion to dismiss is GRANTED and Lambert’s motion to amend is DENIED. Count 5 of the complaint is DISMISSED with prejudice. Because Count 5 was the last remaining Count, this case is DISMISSED”

    LAMBERT v. KELLEY
    Email | Print | Comments (0)
    No. 3:15-cv-00147.

    RICHARD LAMBERT, Plaintiff, v. PATRICK KELLEY, Defendant.

    United States District Court, E.D. Tennessee, Knoxville.

    January 19, 2017.

    Editors Note
    Applicable Law: 28 U.S.C. § 1346
    Cause: 28 U.S.C. § 1346 Tort Claim
    Nature of Suit: 890 Other Statutory Actions
    Source: PACER

    View Case Cited Cases Citing Case

    Attorney(s) appearing for the Case

    Richard L. Lambert, Plaintiff, Pro Se.

    Eric Holder, Defendant, represented by Elliott Marc Davis, United States Department of Justice & Matthew Allan Josephson, United States Department of Justice.

    Robert S Mueller, III, Defendant, represented by Elliott Marc Davis, United States Department of Justice & Matthew Allan Josephson, United States Department of Justice.

    Patrick W. Kelly, Defendant, represented by Laura Katherine Smith, United States Department of Justice, Elliott Marc Davis, United States Department of Justice & Matthew Allan Josephson, United States Department of Justice.

    U.S. Department of Justice, Defendant, represented by Elliott Marc Davis, United States Department of Justice & Matthew Allan Josephson, United States Department of Justice.

    Federal Bureau of Investigation, Defendant, represented by Elliott Marc Davis, United States Department of Justice & Matthew Allan Josephson, United States Department of Justice.

    United States of America, Defendant, represented by Elliott Marc Davis, United States Department of Justice & Matthew Allan Josephson, United States Department of Justice.

    MEMORANDUM OPINION AND ORDER

    PAMELA L. REEVES, District Judge.

    Before the Court are two motions. First is Patrick Kelley’s motion to dismiss Richard Lambert’s claim against him. [D. 33]. Second is Lambert’s motion to amend his complaint. [D. 45]. For the following reasons, the motion to dismiss is granted and the motion to amend is denied.
    I
    A

    Richard Lambert was an FBI agent 1989-2012. In 2002, he was placed in charge of the FBI’s investigation into the post-9/11 anthrax attacks. Lambert found his efforts marked by intransigence, apathy, and error from all sides. He summarized these problems in a July 2006 report that he sent to the FBI’s Deputy Director. Lambert left the investigation around that time.

    During the investigation, the Government named Steven Hatfill as a person of interest. He responded by suing the Government in D.C. federal court. During discovery, Hatfill’s attorney acquired several emails written by Lambert detailing his complaints about the anthrax investigation. And when Hatfill’s lawyer deposed Lambert, further complaints came out.

    Hatfill’s attorney then approached CBS about bringing to light the problems with the anthrax investigation. In April 2008, 60 Minutes aired an episode that used Lambert’s emails and deposition testimony to reveal those problems. It led to public and congressional backlash against the FBI.

    Lambert kept working for the FBI until he retired in 2012. He soon took a job as Senior Counterintelligence Officer for the Department of Energy Oak Ridge Counterintelligence Field Office. In this role, Lambert acted as the go-between for the FBI and UT-Battelle, the company that runs Oak Ridge National Laboratory. A staggering tangle of laws, regulations, and presidential decrees governed the public-private nature of Lambert’s new job.

    On November 8, 2012, Lambert received an email from Patrick Kelley, an FBI attorney and ethics official. The email accused Lambert of violating 18 U.S.C. § 207(c), which bars some former federal employees from contacting current ones for a year after leaving their jobs. The email found its way into the hands of the FBI and UT-Battelle. On June 10, 2013, UT-Battelle fired Lambert and his security clearance was revoked. Lambert alleges that the email was retaliation for his role in shedding light on the troubled anthrax investigation.

    On April 2, 2015, Lambert filed a four-count complaint against the Attorney General, the FBI Director, the Department of Justice, the FBI, unnamed DOJ and FBI officials, and Patrick Kelley. A five-count amended complaint followed on June 2. This Court dismissed the first four counts in February 2016, leaving only Lambert’s Bivens1 action against Kelley.

    In November 2015, Kelley filed his motion to dismiss under Rule 12(b)(6). After fully briefing that motion, Lambert moved to amend his complaint.
    II
    A

    To survive a motion to dismiss under Rule 12(b)(6), the complaint must state a facially plausible claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). To determine whether the complaint states a facially plausible claim, the Court takes a two-step approach. Id. at 679. First, it separates the complaint’s factual allegations from its legal conclusions. All factual allegations, and only the factual allegations, are taken as true. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007).

    Second, the Court asks whether these factual allegations amount to a plausible claim for relief. Id. at 555. The allegations do not need to be highly detailed, but they must do more than simply recite the elements of the offense. Id. Specifically, the complaint must plead facts permitting a reasonable inference that the defendant is liable for the alleged conduct. Id. If this is not done, the claim will be dismissed. Id. at 570.
    B

    The Court will not dismiss the claim, however, if the opposing party offers amended pleadings that state a facially plausible claim. See Foman v. Davis, 371 U.S. 178, 182 (1962). If this occurs, the court will allow the other party to amend his complaint. Id. Conversely, amendment will not be allowed if doing so would be futile. Id. So the Court will allow all of Lambert’s amendments that withstand Kelley’s motion to dismiss. See Williams v. City of Cleveland, 771 F.3d 945, 949 (6th Cir. 2014).
    III
    A

    Kelley levels five arguments against Lambert’s complaint. He first contends that Lambert’s Bivens claim is barred by the statute of limitations. Kelley argues that Tennessee’s one-year statute of limitations applies, and that Lambert filed his suit after that time. Lambert maintains that the District of Columbia’s three-year time limit applies, and that he sued within that time.

    The Court agrees with Kelley. The statute of limitations for Bivens actions comes from state law. Wallace v. Kato, 549 U.S. 384, 387 (2007).2 But there is a dispute over which state’s law applies. Lambert, citing Sixth Circuit caselaw, contends that what matters is where the events occurred that underpin the suit. He argues that most of the events underpinning his suit happened in D.C., where Kelley had his office. Kelley counters that Tennessee law applies because that’s where the Court sits.

    The Court need not resolve this dispute, because the result is the same either way: Tennessee law provides the statute of limitations for Lambert’s Bivens claim. This follows under Lambert’s approach. He relies on Baker v. Mukasey, 287 F. App’x 422 (6th Cir. 2008). In Baker, the Sixth Circuit stated that the statute of limitations came from “the state where the events giving rise to the claim occurred.” Id. at 424. Kelley wrote his email from D.C. and emailed it from there. Thus, Lambert concludes, the events giving rise to his Bivens claim occurred in D.C.

    The analysis, however, actually points the other way. According to Baker, Tennessee law applies. There are two elements to any Bivens claim: the plaintiff suffers a constitutional deprivation; and the deprivation was caused by someone acting under federal authority. See, e.g., Robertson v. Lucas, 753 F.3d 606, 614 (6th Cir. 2014). Kelley may have written his email in D.C. and sent it from there. But that goes only to the second Bivens element. By contrast, Lambert suffered his constitutional deprivation in Tennessee. Lambert also sued in Tennessee. Thus, under Baker, Tennessee provides the statute of limitations for Lambert’s Bivens action.

    The same result follows if one looks at the content of Lambert’s claim. He’s asserting not just a Bivens claim, but a claim that Kelley violated his Fifth Amendment right to procedural due process.3 To prove his case, Lambert must show that (1) he had an interest protected by the Due Process Clause; (2) Kelley interfered with that interest; and (3) proper procedural protections did not precede Kelley’s interference. See, e.g., Ky. Dep’t of Corr. v. Thompson, 490 U.S. 454, 460 (1989). Lambert’s interest in his job was located in Tennessee. And the process that Lambert demands has no geographic aspect. Finally, Kelley’s interference with Lambert’s job happened in both D.C. and Tennessee: Kelley acted in D.C, but the interference happened in Tennessee. Under Baker, Tennessee law provides the statute of limitations for Lambert’s Baker claim.

    Lambert cites two other cases, but neither changes the outcome. First is Haggard v. Stevens, No. 2:09-cv-1144, 2010 WL 3658809 (S.D. Ohio Sept. 14, 2010). In Haggard, two plaintiffs owned a bank together. Id. at *7. They brought a Bivens action against John Stevens, a former attorney with the Federal Deposit Insurance Corporation. Id. at *1. They claimed that Stevens retaliated against them for suing him in another case. Id. When Stevens died, the plaintiffs moved to substitute his estate as defendant. Id.

    The court denied the motion. Id. at *11. To reach this holding, the court had to decide whether Illinois, Michigan, or Ohio law supplied the statute of limitations. Id. at *7-8. It applied Baker and ruled that the Ohio statute of limitations governed. Id. at *7. The court noted that the bank’s principal place of business was in Ohio; that one plaintiff was its sole shareholder and the other was its chairman; and that the prior suit had been brought in Ohio. Id. On these facts, Ohio law controlled.

    This case is different from Haggard. In Haggard, all the events giving rise to the plaintiffs’ Bivens action happened in Ohio. By contrast, the facts here are split between D.C. and Tennessee. And on balance, Tennessee law supplies the statute of limitations.

    Lambert also cites Steen v. Murray, 919 F.Supp.2d 993 (S.D. Iowa 2013). But Steen was concerned with venue. See id. at 996. As Lambert recognized in his response, which venue is proper is distinct from which state’s law fills the gaps in Bivens suits. Steen has no bearing on this case. Under Baker, Tennessee law provides the statute of limitations for Lambert’s suit.

    Kelley, for his part, cites no on-point binding caselaw. But binding law does support his argument. The Supreme Court has noted that, with several aspects of § 1983 and Bivens suits, “federal law looks to the law of the State in which the cause of action arose. This is so for the length of the statute of limitations.” Wallace v. Kato, 549 U.S. 384, 387 (2007). This suit was filed in Tennessee, and so arose in Tennessee. See id. Its statute of limitations applies to Lambert’s Bivens claim.
    B

    In Tennessee, a plaintiff must file his Bivens claim within one year after the action accrues. TENN. CODE ANN. 28-3-104(a)(1)(B). But it is unclear what “accrue” means. Lambert contends that an action accrues when the plaintiff knows or should know of his injury and who did it. Kelley argues that the plaintiff need only know of his injury; he need not know who did it.

    Kelley’s argument convinces the Court. Lambert’s argument turns wholly on Estate of Abdullah ex rel. Carswell v. Arena, 601 F. App’x 389 (6th Cir. 2015). In Abdullah, the Sixth Circuit stated that when the plaintiff knows “`he has been hurt and who has inflicted the injury,’ the claim accrues.” Id. at 393 (quoting United States v. Kubrick, 444 U.S. 111, 122 (1979)). Abdullah, however, has since been expressly rejected by the Sixth Circuit. See Ruiz-Bueno v. Maxim Healthcare Servs., Inc., ____ F. App’x ____, 2016 WL 4473238, at *3 (6th Cir. Aug. 25, 2016). The Court will likewise reject it.

    What’s more, the Abdullah rule would upturn the law of suing unnamed defendants. If a claim did not accrue until the plaintiff knew the defendant’s identity, then statutes of limitations could never run against unnamed defendants. But, in fact, they do run against them. See Cox v. Treadway, 75 F.3d 230, 240 (6th Cir. 1996). Because the Sixth Circuit has rejected Abdullah and because it contradicts well-settled law, the Court will not apply it.

    Kelley argues that a plaintiff need not know a defendant’s identity for a claim to accrue. Instead, it accrues once the plaintiff knows or should know of his injury. This position has the backing of many Sixth Circuit opinions. See Cooey v. Strickland, 479 F.3d 412, 416 (6th Cir. 2007) (collecting cases). And it’s consistent with the law of suing unnamed defendants. A Bivens cause of action accrues when the plaintiff knows or should know that he has been hurt. Lambert had one year from this point to sue.
    C

    Lambert did not meet this deadline. He contends that his claim accrued in January 2014, while Kelley maintains that it accrued when Lambert was fired on June 10, 2013. But Lambert brought his suit on April 2, 2015—more than a year after either date. Lambert’s Bivens claim is barred by Tennessee’s statute of limitations.
    IV

    That leaves Lambert’s motion to amend his complaint. The new complaint would include all five Counts that were in the original one. Counts 1-4, however, were already dismissed. And the fifth one is time barred. Because of this, the motion is denied.

    Lambert cannot amend his complaint to include Counts 1-4. Amendments will be rejected if they would be futile. Foman, 371 U.S. at 182. The Court has ruled that it lacked jurisdiction to hear the three claims brought under the Federal Tort Claims Act. Lambert had sued under the FTCA for defamation and misrepresentation. These torts, though, are expressly not covered by the FTCA. 28 U.S.C. § 2680(h). And Lambert’s new complaint does not fix these flaws.

    The Court also dismissed the fourth Count, ruling that Lambert failed to state a claim. The amended complaint does not fix this. As a result, it would be futile for Lambert to amend Counts 1-4. See Zundel v. Mukasey, No. 3:03-cv-105, 2009 WL 3785093 (E.D. Tenn. Nov. 10, 2009) (Varlan, C.J.) (denying motion to amend because it did not fix errors with subject-matter jurisdiction and with failure to state a claim).

    Count 5 is Lambert’s Bivens claim against Kelley. Because the statute of limitations bars this claim, it cannot be amended. See Brown v. Owens Corning Inv. Review Comm., 622 F.3d 564, 574 (6th Cir. 2010). It would thus be futile for Lambert to amend any of the Counts in his complaint. His motion to amend is denied.
    V

    Lambert’s Bivens claim is time barred and amendment would be futile. As a result, the Court must dismiss it. Lambert asks the Court to dismiss his claim without prejudice, so that he can refile in D.C. federal court. Kelley asserts that the claim is meritless and should be dismissed with prejudice.

    Lambert’s Bivens claim must be dismissed with prejudice, but not for the reasons Kelley offers. Instead, it must be dismissed because it is also time barred in D.C. If a suit is dismissed without prejudice in D.C. federal court, the statute of limitations is treated as if the suit had never been filed. Ciralsky v. CIA, 355 F.3d 661, 672 (D.C. Cir. 2004). The District’s statute of limitations for Bivens claims is three years. D.C. CODE § 12-301(8); Sykes v. U.S. Attorney, 770 F.Supp.2d 152, 155 (D.D.C. 2011). Lambert would thus have to refile his claim in D.C. federal court within three years after his claim accrued.

    Lambert would be unable to do so. As explained above in Part III.B, Lambert’s action accrued once he knew of his injury. He was injured by being fired on June 10, 2013. More than three years has passed since then. There would be no point in dismissing Lambert’s claim without prejudice.
    VI

    For these reasons, Kelley’s motion to dismiss is GRANTED and Lambert’s motion to amend is DENIED. Count 5 of the complaint is DISMISSED with prejudice. Because Count 5 was the last remaining Count, this case is DISMISSED.

    IT IS SO ORDERED.
    FootNotes

    1. Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971) (allowing suits for damages against federal officials in their personal capacities).
    2. Wallace concerned a claim not under Bivens but rather under 42 U.S.C. § 1983. See Wallace, 549 U.S. at 387. The two, however, are subject to the same statute of limitations. Harris v. United States, 422 F.3d 322, 331 (6th Cir. 2005).
    3. In various places, Lambert asserts that his Bivens claim invokes procedural due process, substantive due process, equal protection, and free expression. The complaint, however, alleges only violations of procedural due process. Some of the other constitutional rights are discussed in Lambert’s pleadings, while others are expressly cited in his proposed amended complaint. As explained below, however, the amended complaint will not be allowed. Lambert has therefore actually alleged only a violation of his right to procedural due process.

  2. DXer said

    The Doomsday Clock Is Reset: Closest To Midnight Since The 1950s

    January 26, 201710:08 AM ET
    Bill Chappell

    Created in 1947, the Doomsday Clock was conceived by scientists who had participated in the Manhattan Project. Initially seen as an indicator of the likelihood of disastrous nuclear conflict, it now also includes other threats, such as climate change, biological weapons and cyberthreats.

    It’s the first time in the Doomsday Clock’s 70-year history that the advisory board has adjusted the clock by 30 seconds.

    The decision to advance the clock was announced at the National Press Club, where speakers included board members former U.S. Ambassador to the United Nations Thomas R. Pickering and physicist Lawrence Krauss. A simultaneous event was held at Stanford University that featured California Gov. Jerry Brown, former Secretary of State George Schultz and former Defense Secretary William Perry.

    “Facts are stubborn things,” Krauss said, “and they must be taken into account if the future of humanity is to be preserved.”

    http://www.npr.org/sections/thetwo-way/2017/01/26/511592700/the-doomsday-clock-is-now-30-seconds-closer-to-midnight

  3. DXer said

    Bill Gates Warns That Damage Caused By Bioterrorism Could Be ‘Very, Very Huge’

    Kristen V. Brown
    Jan 26, 2017, 4:00pm
    ⋅ Filed to:

    http://www.gizmodo.com.au/2017/01/bill-gates-warns-that-damage-caused-by-bioterrorism-could-be-very-very-huge/

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
    http://www.amerithrax.wordpress.com

  4. DXer said

    twitterer-in-chief
    Trump confirms on Twitter he’ll spend Wednesday focusing on ‘NATIONAL SECURITY’

    January 24, 2017

    http://theweek.com/speedreads/675590/cnns-jake-tapper-dares-trump-launch-investigation-into-alleged-massive-illegal-voting

  5. DXer said

    Congress demands details of secret CDC lab incidents revealed by USA TODAY

    Alison Young , USA TODAY Published 3:53 p.m. ET Jan. 17, 2017
    http://www.usatoday.com/story/news/2017/01/17/congress-wants-details-of-cdc-lab-accidents/96551636/

    Off-topic:
    The CIA Just Dumped 12 Million Declassified Pages of Documents Online
    http://paleofuture.gizmodo.com/the-cia-just-dumped-12-million-declassified-documents-o-1791297143

  6. DXer said

    One picture of the this fellow has him looking like a meth user, but one of the stories says the chemical precursors in his room and that he was researching did not relate to the production of narcotics, but instead related to “chemical devices.”

    Suspicious Fumes at Florida Home Leads to FBI-Assisted Probe
    By tamara lush, associated press
    ST. PETERSBURG, Fla. — Dec 22, 2016, 3:05 PM ET
    http://abcnews.go.com/US/wireStory/suspicious-fumes-florida-home-leads-fbi-assisted-probe-44350434

    Pasco SO investigate ‘potential terrorist’; find no terrorism ties
    http://www.fox13news.com/news/local-news/224961126-story

    I’m Part Of ISIS’ Pasco Man Told Mom Before Wednesday Arrest: Sheriff
    No formal links have been found between a Pasco man and terrorist groups, but authorities say the man told his mom he was part of ISIS.
    By Sherri Lonon (Patch Staff) – December 22, 2016 1:21 pm ET
    http://patch.com/florida/newportrichey/i-m-part-isis-pasco-man-told-mom-wednesday-arrest-sheriff

    “We found chemical precursors that were in his room last night,” Nocco said. “He was researching … how to make further chemical devices.”
    Nocco would not elaborate on the types of chemicals found, but said they were not the kind of chemicals used in the production of narcotics.

    ***

    “(We’re) investigating computers, cellphones … trying to look for connections,” Nocco said. “There’s certain things I can’t tell you. We believe we have a lot to prosecute him (on). I want to put this person away for as long as I can.”
    ***

    As the deputies were talking with the mother, they saw “signs of narcotics and chemicals inside,” Nocco said. Sherif came home while the deputies were there, but a fight broke out when deputies tried to handcuff him. “(It) turns into an extremely violent situation,” Nocco said.

    Body cam video released of the incident shows Sherif and the two deputies struggling. Sherif is accused of trying to grab one of the deputy’s guns, but was unable to remove it from its holster, Nocco said

    ***

    Additional charges related to the chemicals and narcotics found in the home Wednesday are pending the outcome of the joint investigation, Nocco said. The FBI confirmed Thursday that its agents are continuing to work the case.

    Here is live footage of the fight with the deputy sheriff/s.

  7. DXer said

    Tom Ridge Warns: United States ‘Ill-Prepared’ for Next Biological Attack

    http://www.newsmax.com/Newsfront/Tom-Ridge-US-Ill-Prepared-Biological/2016/12/19/id/764647/

    The United States is not ready for the next biological attack, former Homeland Security Secretary Tom Ridge warned Monday morning.

    “We’re ill prepared,” Ridge, who now co-chairs the bipartisan Blue Ribbon Study Panel on Biodefense, told MSNBC’s “Morning Joe” program.

    There are billions of dollars available, the former Pennsylvania governor continued, but “none of it is targeted” to meet the next real challenge, be it come from “Mother Nature,” or if terrorists or if other nation stations launch attacks.

    “Between Mother Nature, terrorism, and the fact of the matter we use in some of our labs, and once in awhile there’s a report that there’s been a leakage there, we have real challenges ahead of us,” said Ridge, commenting on the Blue Ribbon panel’s report and 87 recommendations and some of its takeaway findings.

    ***

    He said he also expects cooperation from President-elect Donald Trump and Vice President-elect Mike Pence.

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
    http://www.amerithrax.wordpress.com

    Comment: Perhaps Vice President-elect Mike Pence could be put in charge. I recommend that Mr. Pence order the FBI to disclose the daunting undisclosed exculpatory evidence in Amerithrax, to include Notebook 4282.

    While we wait for the new Administration to take office, perhaps Mr. Dillon could bring a lawsuit in federal district court under FOIA so as to focus the light on the folks who failed to produce Notebook 4282 and the other requested documents.

  8. DXer said

    Tom Ridge and Joseph Lieberman: How Donald Trump Can Protect America from Bioterrorism
    Tom Ridge and Joseph Lieberman
    Dec. 13, 2016
    http://time.com/4598145/donald-trump-biological-terrorism/

    In a new report, we have found that the government has made progress on just 17 of our recommendations and completed only two. Forty-six could have been accomplished by now.

    We’ve known about biological risks for a long time. In 1999, President-elect Trump himself warned in his book The America We Deserve about the need to better prepare for the threat of bioterrorism by stockpiling medicines, for instance. Yet by 2010, a report from a bipartisan commission on the proliferation of weapons of mass destruction had given the country an “F” for readiness against a bioterrorism attack.

    The risk has only increased. Earlier this year, the Director of National Intelligence cautioned Congress about the ease with which bioweapons could move around the globe. Belgium has found members of ISIL in possession of biological weapons materials. Turkish officials recently uncovered an ISIL plot to contaminate the country’s water supplies. This spring, Kenya said they foiled a plan by the Islamic State to unleash anthrax in the east African nation.

    Then there are the risks from naturally occurring pandemics—like the recent Zika and Ebola crises—or the repeated biological accidents by our own government labs. One federal report found that U.S. labs had mistakenly exposed nearly 1,000 workers to pathogens 199 times over just one year.

    So what should President-elect Trump and the 115th Congress do when they take office?

    Comment:

    So what should President-elect Trump and the 115th Congress do when they take office?

    The new Administration should find FOIA personnel at the CIA and FBI who understand that the pending FOIA requests relating to the 2001 anthrax attacks should be given priority. The history needs to be written so that the threat can be understood.

    Mr. Trump should fire the people responsible for withholding the Notebook 4282, which has an entry on the date of mailing.

  9. DXer said

    Biodefense and the next presidency

    Laura H. Kahn
    http://thebulletin.org/biodefense-and-next-presidency10280

  10. DXer said

    Retired Marine Gen. John F. Kelly picked to head Department of Homeland Security
    https://www.washingtonpost.com/world/national-security/retired-marine-gen-john-f-kelly-picked-to-head-department-of-homeland-security/2016/12/07/165472f2-bbe6-11e6-94ac-3d324840106c_story.html?utm_term=.9b2a4de425e8

    Kelly, recently retired as chief of U.S. Southern Command, Kelly, is a widely respected military officer who served for more than 40 years, and he is not expected to face difficulty winning Senate confirmation. …

    In speeches, he has expressed frustration with what he calls the “bureaucrats” in Washington, and he described the military’s counterterrorism operations abroad as a war against a “savage” enemy who would gladly launch more deadly attacks.

    “Given the opportunity to do another 9/11, our vicious enemy would do it today, tomorrow and everyday thereafter,” Kelly said in a 2013 Memorial Day address in Texas. “I don’t know why they hate us, and I frankly don’t care, but they do hate us and are driven irrationally to our destruction.”

    ,,,

    On the personal side, Kelly learned firsthand the pain and loss suffered by many military families. His son, 2nd Lt. Robert M. Kelly, died in Afghanistan fighting the Taliban in 2010.

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
    http://www.amerithrax.wordpress.com

    • DXer said

      These US Marines go in right after chemical and biological attacks

      • Logan Nye
      • Dec. 8, 2016

      http://www.businessinsider.com/marines-chemical-biological-attack-responder-2016-12

      While attempted dirty bombs or anthrax attacks have usually been stopped by the intelligence and police services before the attacks took place, there’s a group of Marines and sailors who train and constantly prepare to react to a successful attack.

      Dubbed the Chemical, Biological Incident Response Force, or CBIRF, these Marines are ready to go into nightmare attacks after they happen.

  11. DXer said

    Recommendations to the New President on Countering WMD and Terrorism

    By Rolf Mowatt-Larssen and Monica Duffy Toft
    Thursday, November 17, 2016

    This article draws on a paper co-authored by Rolf Mowatt-Larssen and Monica Toft that was commissioned by the Nuclear Threat Initiative (NTI). The authors wish to acknowledge NTI’s support in contributing this article and these recommendations for countering WMD terrorism. This post reflects the views of the authors alone and not the U.S. Navy.

    About the Authors

    Rolf Mowatt-Larssen is senior fellow at the Harvard Kennedy School’s Belfer Center for Science and International Affairs. He served as the Director of Intelligence and Counterintelligence at the Department of Energy; Chief of the Europe Division in the Directorate of Operations; and Chief of the Weapons of Mass Destruction Department, Counterterrorist Center.

    Monica Duffy Toft is Professor of Strategy at the Naval War College and is Professor of Government and Public Policy at the Blavatnik School of Government, University of Oxford, where she is on leave this academic year.

  12. DXer said

    https://www.bloomberg.com/view/articles/2016-11-18/trump-s-national-security-picks-want-to-air-obama-s-iran-secrets

    Trump’s National Security Picks Want to Air Obama’s Iran Secrets

    Bloomberg-Nov 18, 2016
    … relationship between Iran and al-Qaeda than previously disclosed. … that al-Qaeda was working on chemical and biological weapons in Iran.

  13. DXer said

    People rose up to speak up for mute swans. (My mute friend, Ernie, had formally retained me).

    Gov. Cuomo signs law saving mute swans from being euthanized by wildlife officials, November 30, 2016
    http://www.nydailynews.com/news/politics/gov-cuomo-signs-law-saving-mute-swans-euthanized-article-1.2893653

    In my written pitch to Governor Cuomo, I told him these graphics were written by a federal undercover — and that it was not helpful for me to have to be distracted by having to avoid Ernie being shot.

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
    http://www.amerithrax.wordpress.com

    It’s time that these politicians lobbying for money to be spent on biodefense speak up for FBI to produce the exculpatory documents (to the extent produceable under FOIA) that are being withheld.
    It will only be possible to get people on the same page — so that the history might be reliably written — upon such production.

    Reasonable people can disagree on the merits of the difficult whodunnit — but everyone should agree that producing documents under FOIA should be given priority. Justice and national security is often thwarted by bureaucratic delay intended to avoid bungling from coming to light.

    President Trump-elect should fire those responsible for any continuing withholding of documents produceable under FOIA pursuant to the long pending requests.

  14. DXer said

    Bipartisan bill to protect first responders from anthrax exposure heads to Obama for signature

    Wednesday, November 30, 2016 by HPN News Desk
    https://homelandprepnews.com/biological-threats/20335-bipartisan-bill-protect-first-responders-anthrax-exposure-heads-obama-signature/

    Legislation to protect first responders from anthrax exposure in the event of a biological attack passed the House on Tuesday and will now go to President Barack Obama to be signed into law.

    The First Responder Anthrax Preparedness Act would authorize a pilot program for the Department of Homeland Security to provide first responders with surplus anthrax vaccines that would soon be expiring from the Strategic National Stockpile.

    The House bill, which drew bipartisan support, was initially introduced by U.S. Reps. Bill Pascrell (D-NJ) and Peter King (R-NY). In the Senate, Sens. Kelly Ayotte (R-NH) and Cory Booker (D-NJ) took the lead on introducing the legislation, which was unanimously passed on Nov. 16.

    “We are years removed from anthrax scares that had everyone’s attention, but the threat of weapons of mass destruction has not been removed,” said Pascrell, chair of the Congressional Fire Services and Congressional Law Enforcement Caucuses. “For more than a decade, I’ve been advocating for a comprehensive national strategy to address this threat, and this bill begins to strengthen our national response capability,” he added.

    Following the 9/11 terrorist attacks in September 2001, letters containing anthrax spores were mailed to several news media offices and two U.S. Senate offices, killing five people and infecting 17 others in what became the worst biological attacks in U.S. history.

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
    http://www.amerithrax.wordpress.com

  15. DXer said

    Here’s what lawmakers want from Obama to protect first responders from anthrax
    http://www.nj.com/politics/index.ssf/2016/11/house_clears_bill_to_protect_first_responders_from.html

    Shortly after 9/11, letters containing anthrax were sent to two U.S. Senate offices as well as to the media. Five people and 17 others were infected. Some of the letters passed through a postal facility in Hamilton, Mercer County.

    “We are years removed from anthrax scares that had everyone’s attention, but the threat of weapons of mass destruction has not been removed,” said Pascrell, who chairs the Congressional Fire Services and Congressional Law Enforcement caucuses.

    The legislation will protect first responders “from the threat of bioterrorism,” Booker said. “As a former mayor, I know the crucial role first responders play in protecting our families and keeping our communities safe.”

  16. DXer said

    A lawyer from my old law firm was named White House Counsel and KT McFarland has been named Deputy National Security Director.

    KT McFarland, “Are we prepared for a biological attack?”

    http://ktmcfarland.com/?p=1782

    TRANSCRIPT

    This is DEFCON 3 by KT and I’m KT McFarland.
    Just when you thought things were going badly on the homeland security front, we get a report card from a Congressional Commission on how prepared we are for a biological attack. The grade? F.
    It should come as no surprise to anyone who tried to get flu shots this year. Last fall we were told there weren’t enough regular flu shots available because the industry was focused on making swine flu shots. But they goofed that one too – the swine flu vaccine wasn’t widely available until after swine flu had run its course. In the end the swine flu wasn’t as lethal as scientists predicted. That’s lucky since over 50 million people were infected – one out of six Americans.
    But counting on good luck is no way to protect the American people from biological or chemical attack. Anymore than counting on airline passengers to protect us from suicide bombers, as happened with the when a young Nigerian tried to blow up himself and everyone else on his Detroit bound flight.
    The Christmas Day bomber? – we failed to connect the dots. The Fort Hood Shooter? We failed to connect the dots. In our zeal to protect ourselves after September 11 we threw money at the problem and created huge, new government agencies – bloated, bureaucratic, and bungling. Our intelligence and counter terrorism agencies are more like the lumbering Michelin tire man than a swift, innovative, fast moving hero on 24.
    Eight years after the anthrax attacks and we still don’t have a rapid-response capability for dealing with disease outbreaks from bioterrorism. Eight years after Sept 11 and suicide bombers are still getting on airplanes. Who’s dropped the ball? Everybody. This isn’t partisan – it’s not a Republican or a Democrat foul-up. It’s a bureaucratic foul-up. And it’s happening more and more these days. And it’s got to change.
    That’s DEFCON 3 by KT and i’m KT MCFarland.

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
    http://www.amerithrax.wordpress.com

    • DXer said

      Since 2010, KT McFarland has been working as a national security analyst for FoxNews:

      http://video.foxnews.com/v/4184909385001/?#sp=show-clips

    • DXer said

      KT McFarland likely will have sufficient influence to encourage the disclosure of

      (a) the withheld traditional forensic tests that were exculpatory of Dr. Bruce Ivins (e.g., photocopy toner, photocopy tracks, ink, human hair DNA, paper).

      (b) the withheld credit card receipts and telephone records,

      (c) the withheld notebooks, to include the one with notation on the date of mailing,

      (d) the testing that showed detection of Ames at Sufaat’s Afghan lab,

      (e) documents identifying the lab that Rauf Ahmad infiltration on his quest to obtain virulent anthrax, etc.

      (f) Rauf Ahmad, Sufaat, al-Barq, and Hambali’s interrogation statements,

      (g) the interim memo authorized by former lead Amerithrax investigator Richard Lambert,

      (h) the 302 statements by Dr. Ivins family members,

      etc.

      Panel Finds No Conclusive Evidence to Identify Source of 2001 Anthrax Attacks
      By Catherine Herridge
      Published February 15, 2011
      FoxNews.com
      http://www.foxnews.com/politics/2011/02/15/panel-releasing-review-science-fbi-anthrax-probe.html

      Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
      http://www.amerithrax.wordpress.com

  17. DXer said

    Senate passes bill to give anthrax vaccines to first responders

    Friday, November 18, 2016 by HPN News Desk
    The U.S. Senate passed a bipartisan bill introduced by U.S. Sens. Kelly Ayotte (R-NH), Cory Booker (D-NJ) and Chris Coons (D-DE) that makes anthrax vaccines available to first responders.

    https://homelandprepnews.com/countermeasures/20257-senate-passes-bill-give-anthrax-vaccines-first-responders/

    The bill is expected to be signed into law by the president.

  18. DXer said

    My Take: the elected Administration could increase consensus on its world view by sharing information that previously has been withheld.

    Trump’s National Security Picks Want to Air Obama’s Iran Secrets
    https://www.bloomberg.com/view/articles/2016-11-18/trump-s-national-security-picks-want-to-air-obama-s-iran-secrets

    Bloomberg-Nov 18, 2016
    … relationship between Iran and al-Qaeda than previously disclosed. … that al-Qaeda was working on chemical and biological weapons in Iran.

    ***
    in 2011 he ran a team at the Office of the Director of National Intelligence that reviewed the troves of material captured in the 2011 Osama bin Laden raid.

    Under Obama, the intelligence community has declassified a small fraction of those documents and released them in drips and drabs. This prompted Flynn, after he retired in 2014, to charge that the disclosures were selective.

    • DXer said

      If he were to lose out to Mitt Romney for Secretary of State, former New York City Mayor Rudy Giuliani could possibly be the next director of national intelligence, according to Donald Trump’s senior adviser Kellyanne Conway Tuesday morning.

      Al Qaeda, Anthrax and Ayman Zawahiri: The Infiltration of US Biodefense
      http://www.amerithrax.wordpress.com

  19. DXer said

    http://www.weeklystandard.com/top-intel-official-al-qaeda-worked-on-wmd-in-iran/article/2003264/?utm_medium=social&utm_source=t.co&utm_campaign=20160713_TWS-blog-top-intel-official-al-qaeda-worked-on-wmd-in-iran-3_twitter&utm_content=TWS

    “Al Qaeda operatives based in Iran worked on chemical and biological weapons, according to a letter written to Osama bin Laden that is described in a new book by a top former U.S. intelligence official.

    The letter was captured by a U.S. military sensitive site exploitation team during the raid on bin Laden’s Abbottabad headquarters in May 2011. It is described in Field of Fight, out Tuesday from Lieutenant General Michael Flynn, the former head of the Defense Intelligence Agency, and Michael Ledeen of the Foundation for Defense of Democracies.

    “One letter to bin Laden reveals that al Qaeda was working on chemical and biological weapons in Iran,” Flynn writes.

    Flynn’s claim, if true, significantly advances what we know about al Qaeda’s activity in Iran. The book was cleared by the intelligence community’s classification review process. And U.S. intelligence sources familiar with the bin Laden documents tell us the disclosure on al Qaeda’s WMD work is accurate.

    Flynn notes that only a small subset of bin Laden’s files have been released to the public. The “Defense Intelligence Agency’s numerous summaries and analyses of the files remain classified,” too, Flynn writes. “But even the public peek gives us considerable insight into the capabilities of this very dangerous global organization.”

    It’s not just al Qaeda.

    “There’s a lot of information on Iran in the files and computer discs captured at the Pakistan hideout of Osama bin Laden,” Flynn writes in the introduction. The authors note that the relationship between Iran and al Qaeda “has always been strained” and “[s]ometimes bin Laden himself would erupt angrily at the Iranians.” Previously released documents and other evidence show that al Qaeda kidnapped an Iranian diplomat in order to force a hostage exchange and bin Laden was very concerned about the Iranians’ ability to track his family members.

    And yet the book makes clear that Flynn believes there is much more to the al Qaeda-Iran relationship than the public has been told. And that’s not an accident. Obama administration “censors have been busy,” Flynn writes, blocking the release of the bin Laden documents to the public and, in some cases, to analysts inside the U.S. intelligence community. “Some of it—a tiny fraction—has been declassified and released, but the bulk of it is still under official seal. Those of us who have read bin Laden’s material know how important it is…”

  20. DXer said

    Asked if Mr. Trump would ask for FBI Director James Comey’s resignation, Jason Miller was noncommittal. I think the FBI Director will remain. But if is replaced, my guess would be that Mr. Trump would pick Kallstrom, who once headed the NY Office. Kallstrom was a strong Trump supporter. I have no idea what Mr. Kallstrom knows or thinks of Amerithrax. FWIW, though, my first insights were gained in late 2001 from a hockey-loving colleague of Mr. Kallstrom.

    Historically, there was a lot of learning about Al Qaeda and Ayman Zawahiri in that NYC FBI Field office.

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
    http://www.amerithrax.wordpress.com

    I have no idea whether Mr. Trump will pick Guiliani or Romney, but I think Mitt Romney would gain widespread praise.

    As the former NYC Mayor, Guiliani would have anthrax stories to tell. His company then had the contract to clean up the AMI building in Florida.

  21. DXer said

    One possible pick for Secretary of State is Rudolph Giuliani, whose company was involved with cleaning up the AMI Building.

    Giuliani Co. Cleaning Up Anthrax
    https://www.google.com/search?hl=en&gl=us&tbm=nws&authuser=0&q=%22mute+swan%22&oq=%22mute+swan%22&gs_l=news-cc.3..43j43i53.2463.4766.0.5094.11.11.0.0.0.0.110.904.9j2.11.0…0.0…1ac.1.1i5X4OxQriM#q=Giuliani+AMI+Building&hl=en&gl=us&authuser=0

  22. DXer said

    The erudite former lead Amerithrax investigator writes in his federal court filing:

    “Following the announcement of its circumstantial case against Ivins, Defendants DOJ and FBI crafted an elaborate perception management campaign to bolster their assertion of Ivins’ guilt. These efforts included press conferences and highly selective evidentiary presentations which were replete with material omissions.”

    Comment:

    Michael Flynn: The two key FBI people then went to work for the DOD. The perception management then continued courtesy of the truncation of the DOD probe into the uncontrolled distribution of virulent Ames anthrax. (It was limited to analysis of post-2002 distributions). Stop tweeting and being a politician — and get to work. Your country needs you to keep it safe.

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
    http://www.amerithrax.wordpress.com

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