* 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 DXer on November 18, 2016
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CASE CLOSED ... what really happened in the 2001 anthrax attacks? 
DXer said
Exclusive: New FBI documents link Saudi spy in California to 9/11 attacks – Mike Kelly
Mike Kelly
NorthJersey.com
https://www.northjersey.com/story/news/columnists/mike-kelly/2022/03/13/sept-11-fbi-links-saudi-arabia-spy-attacks/9442454002/
DXer said
Doctor’s Medical License Suspended Over Accusations of Spreading COVID Misinformation
BY ZOE STROZEWSKI ON 1/12/22 AT 12:50 PM EST
https://www.newsweek.com/doctors-medical-license-suspended-over-accusations-spreading-covid-misinformation-1668679
Comment:
Dr. Meryl Nass is in trouble with a licensing board because she has self-reported that she told a pharmacist that her patient had Lyme disease because the pharmacist would not otherwise dispense hydroxychloroquine.
I personally have very orthodox views about vaccines and the science. I find Dr. Fauci (and President Biden) are doing a great job under extremely challenging circumstances. Heck, I have a Fauci bobblehead on the counter.
But I also have great respect for Dr. Meryl Nass. Her self-reporting on the issue as to the false statement to a pharmacist is a demonstration of her integrity. (I would go further and say that I have great affection for Meryl.)
I understand that a licensing board has its own important role to play. But reporters should take care in their reporting. And the licensing board should take care in its decision-making. We all should value validation under the scientific method. At the same time, we should be able to appreciate that often in life we will disagree with people who are good people who just have a different substantive understanding of an issue.
In addition to taking guidance from Dr. Fauci’s public comments, I take my guidance from former FDA Commissioner Gottlieb on CNBC. But I don’t think CNBC should have as its commentator someone on the Pfizer Board of Directors. Someone like Dr. Michael Osterholm is an infectious disease expert available to comment who likely does not have the same (imo) disqualifying financial interest.
On the issue of financial conflicts of interest more broadly, I cheered Dr. Fauci’s comment on a hot mic “What a moron”. A famous jurist once said that consistency is the hobgoblin of petty minds.
Our society should take conflict of interest issues seriously and should act to prevent trading in individual stocks by members of Congress.
DXer said
Dr. Nass, for her part, explains her views in this August 2020 interview.
https://www.heartland.org/multimedia/podcasts/how-useful-is-hydroxychloroquine-guest-meryl-nass-md
DXer said
Letter: Meryl Nass is being treated unfairly
by Opinion Contributor
16 hours ago
https://bangordailynews.com/2022/01/24/opinion/letters/letter-meryl-nass-is-being-treated-unfairly/
Having a doctor who actively researches and still provides much individual attention to patients is a community blessing. I am disheartened that the board would make her unavailable to us.
Given her character and illustrious career, it is hard to fathom the charges of misinformation and order for psychological testing. Unfortunately, this scenario is played out around the country — well-known, esteemed and conscientious doctors are having their licenses scrutinized under what I believe are sketchy allegations. The situation gives pause to question the motives and lock step actions of medical licensing boards. At face value, this article sets Nass up for a trial in the court of public opinion. However, I hope BDN readers are critical thinkers who will be inspired to research and find the truth.
DXer said
LETTERS
Letter to the editor: License suspension unfair to skilled, attentive Maine doctor
https://www.pressherald.com/2022/01/29/letter-to-the-editor-license-suspension-unfair-to-skilled-attentive-maine-doctor/
I am writing to express my shock at the Maine Board of Licensure in Medicine for suspending the license of Dr. Meryl Nass, a doctor of great skill and integrity, and one who is true to her Hippocratic oath to first do no harm.
I’m a resident of Owls Head and a virologist and a microbiologist with seven years at Brandeis University and many years of experience in medicine. Dr. Nass was instrumental in treating me at a time when the only advice in midcoast Maine was to quarantine, take Tylenol and ibuprofen and – if still sick after two weeks – be admitted to the hospital. This, when therapeutics were still available and highly effective. Not in hospital protocols.
Dr. Nass did exactly what she needed to do to help me through the delta variant when no one in emergency care could be bothered. Within a day of my contacting her, my health was restored and I continue to thrive.
No doctor should be censured for doing what they, as doctors, pledged to do. The state is on the wrong side of this issue, and I hope they will weigh the consequences carefully, both ethically and legally. We can’t afford to lose such a principled, caring doctor.
Meg Gaunce
Owls Head
DXer said
Letter: My experience with Meryl Nass
by Opinion Contributor
20 hours ago
https://bangordailynews.com/2022/02/01/opinion/letters/letter-my-experience-with-meryl-nass/
I am a recently retired clinical social worker. I worked for many years with Dr. Meryl Nass at MDI Hospital. In the course of those years, I had a chance to observe her clinical skills, in day-to-day consults, finding her to be an impeccable MD. Her clinical skill set is second to none, being incredibly well researched and up to date on all the latest medical studies and trials. She always covered and discussed all options regarding her patients. I found her to be admirably diligent and highly ethical in all matters related to our work together concerning mutual patients.
Recently, I opted to seek out Nass, choosing to utilize her experience and skills regarding the pandemic and its challenges. She was instrumental in helping to provide me with critical early treatment when I contracted COVID-19 in mid-October. Nass prescribed key medication during this time.
These medications were truly life saving for me. I had a really bad case of the COVID viral pneumonia. Despite that, I am quite convinced that her early interventions and timely prescriptions saved my life and limited my hospitalization to a brief two-hour emergency room visit. At every step of this challenge, Nass was extremely thorough. She discussed all the options available to combat this virus. Pros and cons were fully explored. She offered recommendations, but in the end, she allowed me to make the choices I felt were best for my needs.
Daniel Lorey
Tremont
DXer said
02/04/22
COVID › VIEWS
Under Attack: An Interview With Dr. Meryl Nass
In an interview with Tessa Lena, Dr. Meryl Nass describes the circumstances leading up to her having her medical license temporarily suspended for spreading COVID “misinformation.”
https://childrenshealthdefense.org/defender/meryl-nass-tessa-lena-under-attack/
Comment: While nearly all of the many dozens of my extended families are fully vaccinated, and I realize that lying to a pharmacist is unacceptable, Meryl Nass’ self-reporting to the Board, in my opinion, underscores Dr. Nass’ conscientiousness and integrity, as well as her competence. She does the medical profession proud.
If I were the Board, I would reprimand her and advise that if she lies again to a pharmacist, there will have to be escalating consequences.
Whatever the Board decides, Meryl’s forthrightness and integrity should make her counsel proud to represent her (all political and preconceived views aside).
DXer said
Dr. Nass’ hearing has been postponed until May. Although dozens of my family and friends (like me) are fully vaccinated and boosted, the Board’s action has given me occasion for me to realize how much I like and respect Dr. Nass. I’m rooting for her.
DXer said
Anti-vax podcaster dies from COVID after ‘catching it at ReAwaken America Tour in Texas’: Organizer denies conspiracy theory that anthrax was pumped through fog machines
Doug Kazum, 61, who hosted the FROG News podcast that spread anti-vax conspiracies, died of COVID-19 on Monday
Long-time friend and fellow podcaster Tim Greer suggested Kazum caught COVID at the ReAwaken America Tour event in Dallas on December 11
Kazum attended the event and interviewed guests who claimed the COVID-19 vaccine and tests were being used to kill people
Kazum fell ill after returning from the crowded, maskless event and spent 10-days in the hospital before succumbing to the illness
Event organizer Clay Clark has denied conspiracy theories that he poisoned attendees with anthrax, causing them to experience COVID-like symptoms
By RONNY REYES
PUBLISHED: 17:00 EST, 6 January 2022 | UPDATED: 17:32 EST, 6 January 2022
https://www.dailymail.co.uk/news/article-10376421/Anti-vax-podcaster-dies-COVID-catching-ReAwaken-America-Tour-Texas.html
A far-right, anti-vax podcaster died from COVID-19 after he allegedly caught it at the ReAwaken America Tour in Texas late December where attendees accused the host of pumping anthrax through the fog machines.
Doug Kazum, 61, died on Monday after a 10-day-long battle with COVID in the hospital, with friends telling The Daily Beast that he caught it at the Dallas event during the December 11 weekend.
Event organizer Clay Clark has vehemently denied the rumors that he poisoned people with anthrax after some attendees got sick and refused to believe they contracted COVID at the crowded, maskless event.
DXer said
News stations in upstate New York receive letters from someone claiming to be the ‘Chinese Zodiac Killer’: FBI warn outlets not to open them to preserve DNA of ‘copycat’, Dec 12, 2021
https://www.dailymail.co.uk/news/article-10302703/FBI-says-news-stations-upstate-New-York-got-letters-Chinese-Zodiac-Killer.html
DXer said
https://www.hollywoodreporter.com/tv/tv-reviews/hot-zone-anthrax-review-1235052882/
Dylan Baker appears as their FBI composite boss, who likes to make references to Robert Mueller and occupies space between being helpful and being obstructionist.
DXer said
‘Anthrax,’ 2nd season of Netflix series ‘Hot Zoe,” premiers this holiday weekend
https://wsvn.com/entertainment/deco-drive/anthrax-2nd-season-of-netflix-series-the-hot-zone-premieres-this-holiday-weekend/
DXer said
Tony Goldwyn Recalls Post Post-911 Anthrax Scare: ‘We Didn’t Open Our Mail for a Month’
https://people.com/tv/tony-goldwyn-recalls-post-911-anthrax-scare/
DXer said
“20 Years After the Anthrax Attacks, We’re Still Unprepared,” Oct 4, 2021
https://www.wired.com/story/20-years-after-the-anthrax-attacks-were-still-unprepared/
“Don’t Look Up” official trailer
DXer said
Anthrax: The worst biological attacks in U.S. history
https://www.winknews.com/2021/09/17/anthrax-the-worst-biological-attacks-in-u-s-history/
DXer said
Of the Operation Encore documents, as quoted by ProPublica:
“Richard Lambert, who led the FBI’s initial 9/11 investigation in San Diego, as the assistant special agent in charge there, says he believes that even if the FBI’s evidence of possible Saudi involvement in the case is not conclusive, it is significant enough that it should be fully disclosed. “The circumstantial evidence has mounted,” he says. “Given the lapse of time, I don’t know any reason why the truth should be kept from the American people.””
DXer said
St. Louis Prepares For Potential Anthrax Event
Emergency responders are at high risk of contracting anthrax during a bioterrorism event
“Previously, 5 people died and 17 people were sickened on the East Coast in 2001 when powdered anthrax was sent through the mail. In that event, even 1st responders wearing hazmat suits produced anthrax antibodies, which indicates they were put at risk,’ Dr. Zink said.”
https://www.precisionvaccinations.com/emergency-responders-are-high-risk-contracting-anthrax-during-bioterrorism-event
Comment: As for anthrax vaccination, although no one should rely upon me for medical advice, I don’t favor anthrax jabs for local responders. Why aren’t antibiotics after an event adequate?
And if the FBI is withholding information about Al Qaeda’s anthrax program and the discovery of Ames in Afghanistan by the CIA, well then that’s on them. If any emergency responders suffer as a result, there will be time enough to finally have the documents exculpatory of Bruce Ivins produced.
On emergency preparation generally, floods, storms, power outages and forest fires are reason enough to have a go-bag and supplies recommended by the American Red Cross at their website.
I recently heard a presentation by National Guardsman and was disappointed that he didn’t know about the Kidde fire extinguisher recall — and know that everyone can get a free one (and keep their old one, thought to have a plastic on top that can break off). Kidde can be commended for their handling of inquiries — but consumers are really missing out by having overlooked the recall.
DXer said
The former head of the Amerithrax investigation reports that the FBI is withholding a staggering amount of documents exculpatory of the late USAMRIID scientist Bruce Ivins.
Yet the FBI refuses to provide any of the documents because, FOIA head Dave Hardy says in his most recent affidavit, the FBI is busy and has a lot to do.
The FBI’s CART unit reviewed Ivins computer and yet Hardy never bothered to produce or have those records reviewed for production.
No one should dispute that the FBI is busy and has many important things to do. We can sympathize with Attorney Hardy and his hardworking staff. But he and his staff should have been shrewder on where to look for and obtain the responsive documents.
It undermines the rule of law to be known to be withholding exculpatory documents. And so I would urge that he prioritize this request.
Separately, although not germane to the narrow scope of this blog, President Trump should cooperate with the impeachment inquiry by the US House of Representatives.
Florida businessmen with Giuliani ties won’t comply with impeachment inquiry
Lev Parnas and Igor Fruman, two South Florida businessmen associated with Rudy Giuliani, will not respond to a Monday deadline for documents.
https://www.tampabay.com/florida-politics/buzz/2019/10/07/florida-businessmen-with-giuliani-ties-wont-comply-with-impeachment-inquiry/
Trump says he hopes his lawyer Rudy Giuliani doesn’t get indicted
PUBLISHED THU, OCT 10 20195:57 PM EDT
Dan Mangan@_DANMANGAN
https://www.cnbc.com/2019/10/10/trump-says-he-hopes-his-lawyer-rudy-giuliani-does-not-get-indicted.html
The indictment says Parnas and Fruman made illegal donations totaling $325,000 to a political action committee that supports Trump.
“I don’t know those gentlemen,” Trump told reporters Thursday.
The Miami Herald earlier this week ran an article about Parnas’ and Furman’s refusal to comply with requests for documents and testimony from House committees conducting an impeachment inquiry into Trump.
That article was illustrated with a photo showing Trump, Parnas, Furman and Giuliani standing together, smiling, at a prior event.
Parnas and Furman and the other two defendants “conspired to circumvent the federal laws against foreign influence by engaging in a scheme to funnel foreign money to candidates for federal and State office so that the defendants could buy potential influence with candidates, campaigns, and the candidates’ governments,” according to federal prosecutors in New York City.
DXer said
I am in the process of reading DOJ’s response to Plaintiff’s filing.
David M. Hardy writes: “Plaintiff provides only speculation possible exculpatory evidence proving Ivins’ is innocent is maintained within the IMCS,”
I respectfully disagree. The Plaintiff has quoted the statement by the former head of the Amerithrax investigation and author of the lengthy memorandum to Robert Mueller that the FBI is withholding a staggering amount of evidence that is exculpatory of Bruce Ivins. The statement was made by Attorney Richard Lambert to the New York Times and Fox News and in a federal district court filing.
I really don’t know what more compelling evidence Attorney Hardy could expect a requestor to rely on.
As for the confidence we should have that Mr. Hardy’s staff has conducted an adequate search, he said the same thing before coughing up — like a cat coughing up a hairball — key emsils from September 2001 and October 2001 that had been withheld from production (even though a competent and adequate search would have quickly located them).
Moreover, the fact that Mr. Hardy and his colleague have so often misspelled Ivins’ name as Ivans hardly adds to one’s confidence.
I have always been sympathetic to Dave’s point (that he once made to me in a telephone conversation) that Congress should provide adequate resources to his unit. They certainly do important work
But on the balance of things, with Dr. Ayman Zawahiri just last week urging that Al Qaeda attack the US — and the US claiming that Bin Laden’s son was killed (which may motivate Dr. Ayman and other cultists to retaliate) — I would hope that Dave would prioritize this case. (He has always refused to prioritize the case). The person who led the investigation, Richard Lambert, has publicly and formally alleged that the FBI is withholding a staggering amount of evidence exculpatory of Bruce Ivins. Attorney Hardy does not know the facts of Amerithrax. The former head of the investigation does. Dave should defer to Attorney Lambert on this. Adnan El-Shukrijumah is dead. He has no privacy rights under (b)(6). (He was at KSM’s residence with anthrax lab director Yazid Sufaat on September 11 and called his mom to tell her he was coming to the US — and then he did so). (Jdey is dead too, but my focus is on Shukrijumah).
In written exchanges, Yazid Sufaat did not deny to me responsibility for the Fall 2001 anthrax mailings.
The FBI’s Mr. Hardy made no effort to distinguish between individuals who have passed away and people who have not. For example, the leading suspect at Battelle has passed away. And the FBI’s expert at USAMRIID, John Ezzell, has passed away. (b)(6) has no application where the individual has passed. (John Ezzell was courageous and forthright when he appeared at a conference Dr. Dillon organized; I will forever appreciate John’s willingness to appear to answer questions about making a dry powdered version of Ames at USAMRIID).
As for other individuals being named, I have no interest whatsoever in the names of the living being disclosed. Those names can be redacted. I hope they are. But the info about and the name of Adnan El-Shurijumah, who is deceased, is being wrongfully withheld.
I’m a fan of both the FBI and our intelligence agencies. (Indeed, someone from one of those agencies did my graphics for years and I welcomed the free and wonderfully artistic help.)
(We’re not DIA (at least I’m not) — I just like that video “We’re DIA” I post so often.)
But the FBI has to step up its game given the incredible conflicts that existed given Jason B’s role at ATCC (along with numerous other extreme conflicts of interest). Ali Al-TImimi had access to that collection and Alibek and Bailey were the leading DARPA-funded Ames anthrax researchers. Heck, then the daughter of the lead lawyer in the investigation went to work for Ali pro bono. WTF?
The conflicts were mind-boggling… Like the FBI turning to a genetics consultant who sponsored the UK conference attended by Zawahiri’s infiltrating scientist Rauf Ahmad. (Then the FBI rejected the CIA’s finding that Ames was found at the Al Qaeda anthrax lab in Afghanistan!).
Have you ever heard the phrase “Imagine the Liability!” Well, that is the unspoken undercurrent in Amerithrax.
The CIA detected Ames in Afghanistan. Let me say it again. The CIA detected Ames in Afghanistan and the FBI covered it up. The learned and hardworking (but uninformed) Attorney Hardy is continuing that effort even to this day.
It’s time for the history to be written. And the dots correctly connected. Bruce Ivins was at home in a small house with his three family members on the nights that the FBI necessarily imagines he travelled instead of sleeping.
The FBI is hiding the fact that his family provided Ivins an alibi.
The FBI is taking advantage of the fact that Bruce Ivins committed suicide for other reasons.
DXer said
In its most recent filing, the DOJ/FBI writes:
“Although the FBI initially overlooked a binder of emails during its initial request, the FBI took good faith efforts to retrace its steps and successfully located responsive records—including the very email records described by Dillon.”
The law is such an ass. Look at the FBI’s extensive filings — and the years of fruitless correspondence and bureaucratic bumbling on Dillon’s request over the years (as chronicled by this blog with the actual correspondence). All anyone at the FBI needed to do was pick up the phone to be guided to the 1A attachments where additional emails to and from Ivins were/ are kept. It is as simple a matter of going to the FBI’s Vault and doing some quick google searches for the location of additional documents. The mediation service offered at one point was a joke. There was no engagement in helping to locate the additional documents.
By claiming that the FBI is too busy to look at that 1A folders enclosing the emails, David Hardy is going to be on the wrong side of history.
In the meantime, when do the parties brief the issue of attorneys fees for the FBI’s initial “overlooking” of documents required to be produced. The FBI coughed them upon only after Dillon was forced to bring suit.
https://www.amerithrax.wordpress.com
DXer said
The justice.gov website explains the issue of segregability:
FOIA UPDATE: OIP GUIDANCE: THE “REASONABLE SEGREGATION” OBLIGATION
January 1, 1993
FOIA Update
Vol. XIV, No. 3
1993
OIP Guidance
THE “REASONABLE SEGREGATION” OBLIGATION
The disclosure provisions of the Freedom of Information Act, 5 U.S.C. § 552, require federal agencies to disclose all “agency records” that are not exempt from mandatory disclosure under one of the Act’s exemptions. Thus, the “processing of records” in relation to FOIA exemptions is a fundamental part of FOIA administration. In administering the Act, however, agencies must not overlook their obligation to focus on individual record portions that require disclosure. This focus is essential in order to meet the Act’s primary objective of “maximum responsible disclosure of government information,” as set forth in Attorney General Reno’s FOIA Memorandum.
Statutory Segregation Requirement
The obligation to consider individual portions of records for disclosure under the FOIA is placed upon agencies by the explicit language of the statute itself. Subsection (b) of the Act, which enumerates the exemptions from disclosure, concludes with the following overall requirement:
Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection.
5 U.S.C. § 552(b) (final sentence).
This requirement was added to the FOIA through the 1974 amendments to the Act, which strengthened its disclosure requirements in several respects. Prior to that time, agencies sometimes took an unacceptably broad “document-by-document” approach to FOIA processing. See, e.g., Sterling Drug, Inc. v. FTC, 450 F.2d 698, 704 (D.C. Cir. 1971). The clear purpose of this statutory requirement, however, is to “prevent the withholding of entire [documents] merely because portions of them are exempt, and to require the release of nonexempt portions.” Attorney General’s Memorandum on the 1974 Amendments to the Freedom of Information Act 14 (Feb. 1975). It was enacted in conjunction with a companion provision of the 1974 FOIA amendments which authorizes judicial review by the courts, through in camera review where necessary, to determine whether “records or any part thereof” are properly withheld under the Act. 5 U.S.C. § 552(a)(4)(B).
Judicial Enforcement
The courts have focused upon and enforced this statutory requirement with increasing intensity in recent years. During the past two years, the Court of Appeals for the D.C. Circuit has issued a series of four decisions dealing with the “reasonable segregation” mandate, in each case finding insufficient evidence of agency compliance with it. Together, they illustrate the importance of careful compliance with this obligation at all stages of the FOIA process.
In the first of these four cases, Schiller v. NLRB, 964 F.2d 1205 (D.C. Cir. 1992), the D.C. Circuit dealt with the defendant agency’s withholding of five documents, in their entireties, regarding the agency’s implementation of a certain statutory scheme. After inspecting the documents in camera, and reviewing the agency’s supporting affidavit, the D.C. Circuit was not satisfied that the three exemptions cited by the agency, Exemptions 2, 5, and 7(E), covered all “particular passages” in the documents. 964 F.2d at 1209. Declaring that “[t]he district court did not hold the [agency] to its obligation to disclose reasonably segregable information,” the court of appeals remanded the case back to the district court “to determine whether or not the documents contain passages that can be segregated and disclosed.” Id. at 1210.
The D.C. Circuit next confronted this issue in PHE, Inc. v. Department of Justice, 983 F.2d 248 (D.C. Cir. 1993), a case involving contrasting approaches to segregation by two different components of the Justice Department. When the requester sought separate manuals on the enforcement of obscenity laws from the FBI and the Department’s Criminal Division in that case, the FBI released most of its manual, withholding only “portions” of the requested information under Exemptions 2 and 7(E). 983 F.2d at 250. By contrast, the other component withheld “vast sections” of its manual, “in their entirety,” without explaining why no portions of them could be segregated for release as nonexempt. Id. at 251. Remanding this case for further attention to such segregability, the D.C. Circuit pointedly declared that “a district court errs when it approves the government’s withholding of information under the FOIA without making an express finding on segregability.” Id. at 252.
Soon thereafter, the D.C. Circuit applied this rule firmly even in a case involving documents withheld on national security grounds. In Krikorian v. Department of State, 984 F.2d 461 (D.C. Cir. 1993), the documents in question pertained to sensitive matters of foreign relations and international terrorism. Nevertheless, the D.C. Circuit accepted the requester’s argument that even such documents withheld under Exemptions 1 and 3 should be subject to the same segregation requirements as apply under other exemptions; accordingly, it remanded the case for “specific findings on segregability regarding each of the withheld documents.” 984 F.2d at 467.
Most recently, the D.C. Circuit likewise remanded a case involving information withheld on the basis of the deliberative process privilege under Exemption 5. In Army Times Pub. Co. v. Department of the Air Force, 998 F.2d 1067 (D.C. Cir. 1993), the requested information consisted of the results of surveys conducted on Air Force working conditions — some of which were disclosed by the Air Force and some of which were not. The district court upheld the Air Force’s use of Exemption 5, but it did so without making any finding on the issue of segregability, which the D.C. Circuit found to be clear “error.” 998 F.2d at 1068. It therefore reversed that lower court decision, emphasizing that the defendant agency “has the burden of demonstrating that no reasonably segregable information exists within the documents withheld.” Id.
Three Levels of Obligation
Thus, the D.C. Circuit has made it increasingly clear that compliance with the “reasonable segregation” mandate is an essential element of proving compliance with the Act — one involving three distinct levels of obligation. Most directly, it now has placed an obligation on district courts to make specific “findings on segregability” when ruling in an agency’s favor in a FOIA case; the failure to do so, it has held, can be “reversible error” in and of itself.
In turn, this obligates the defendant agency in a FOIA lawsuit to provide a firm evidentiary basis for such district court findings. An agency’s evidentiary submissions should attest not only to the applicability of FOIA exemptions regarding all information withheld, but to the agency’s specific adherence to the Act’s segregability requirement regarding that information as well.
At bottom, this all rests on the quality of the agency’s document “processing” at the administrative level, where the “reasonable segregation” obligation must be adhered to in anticipation of possible litigation. And regardless of whether a particular FOIA request proceeds to litigation, the obligation nonetheless is the same — it “applies to all documents and all exemptions in the FOIA.” Center for Auto Safety v. EPA, 731 F.2d 16, 21 (D.C. Cir. 1984).
Disclosures of “Informational Value”
In meeting this obligation to segregate out and disclose nonexempt portions of requested records, agencies should be mindful that “[t]he focus of the FOIA is information, not documents,” and that as a rule, “non-exempt portions of a document must be disclosed unless they are inextricably intertwined with exempt portions.” Mead Data Cent., Inc. v. United States Dep’t of the Air Force, 566 F.2d 242, 260 (D.C. Cir. 1977). This requires close attention to the character of individual information segments.
The D.C. Circuit has suggested that this standard should be met by “look[ing] to a combination of intelligibility and the extent of the burden in ‘editing’ or ‘segregating’ the nonexempt material.” Yeager v. DEA, 678 F.2d 315, 322 n.16 (D.C. Cir. 1978). Absent any truly “significant costs on the agency,” though, the primary consideration should be the “informational value” of what can be disclosed. Neufeld v. IRS, 646 F.2d 661, 666 (D.C. Cir. 1981); accord Attorney General’s Memorandum on the 1974 Amendments to the Freedom of Information Act 14-15 (Feb. 1975) (identifying “intelligibility” as key factor and advising that “doubts . . . should be resolved in favor of release to the requester”).
Moreover, an agency’s detailed efforts to disclose record portions of any “informational value” to FOIA requesters under this requirement will further the strong spirit of openness and the presumption of disclosure that are established in Attorney General Reno’s FOIA Memorandum. Such efforts should go hand-in-hand with the more particularized record review now required by the “foreseeable harm” standard and its accompanying emphasis on discretionary disclosure of arguably exempt information. As Attorney General Reno’s FOIA Memorandum specifically suggests, greater focus on information disclosure at the margins of exemption applicability should be beneficial to the entire process of FOIA administration.
DXer said
Judge Contreras, in an opinion today, ruled on Dillon’s FOIA’s claim. He writes:
“But the report is also 2,000 pages long, and the FBI has asserted that the entire thing is deliberative. This contention immediately draws some skepticism, because “the deliberative process privilege does not protect documents in their entirety; if the government can segregate and disclose non-privileged factual information within a document, it must.” Loving, 550 F.3d at 38. FOIA requires the same. See 5 U.S.C. § 552(b) (“Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt.”). As noted above, then, for the factual information in the IMCS to fall within the ambit of the privilege here, the information must “reflect[] an ‘exercise of discretion and judgment calls.’” Ancient Coin Collectors, 641 F.3d at 513 (quoting Mapother, 3 F.3d at 1539). In other words, the drafters of the report must have “‘cull[ed] the relevant documents, extract[ed] the pertinent facts, organize[d] them to suit a specific purpose,’ and ‘identif[ied] the significant issues.’” Nat’l Sec. Archive v. CIA, 752 F.3d 460, 465 (D.C. Cir. 2014) (quoting Mapother, 3 F.3d at 1538).
In this case, the easiest way for the Court to determine whether the IMCS is the product of such a process is to look at the requested excerpts. Indeed, “[w]here the agency fails to meet [its] burden, a not uncommon event,” FOIA provides courts “a host of procedures” to determine whether the claimed exemption is proper, including discovery, further agency affidavits, and in camera review of the records in question. Allen v. CIA, 636 F.2d 1287, 1298 (D.C. Cir. 1980), abrogated on other grounds by Founding Church of Scientology of Washington, D.C., Inc. v. Smith, 721 F.2d 828, 830–31 (D.C. Cir. 1983). Here, the Court thinks that the last of these options is the appropriate one. The documents at issue are relatively short in length—just thirty-eight pages—and the parties’ “dispute . . . centers on the actual contents of the document[s].” Id.; see also Juarez v. Dep’t of Justice, 518 F.3d 54, 60 (D.C. Cir. 2008). The FBI also has not expressed much, if any, opposition to the Court performing such a review. See, e.g., Second Hardy Decl. ¶ 16 (“If the Court deems it necessary, the FBI will provide copies of the processed records to the Court for in camera inspection.”); cf. Allen, 636 F.2d at 1299 (“[L]ittle basis for . . . concern [over judicial intrusion] exists when the agency itself proposes that the court conduct an in camera inspection of the document.”).
The Court thus exercises its “broad discretion” to order production of the requested IMCS excerpts within thirty days. Id. at 1297. DOJ should, if necessary, produce classified and unclassified versions of the pages.
DXer said
We can rely on the documents required by FOIA to be produced by the FBI or we can rely on the self-justifying for-profit spin of the officials who failed to preserve the emails quoted in the Amerithrax Investigation Summary on which the Amerithrax investigation was closed.
Book review by FBI’s Glenn Cross, in War on the Rocks:
Scott Decker, Recounting the Anthrax Attacks: Terror, the Amerithrax Task Force, and the Evolution of Forensics in the FBI (Rowman & Littlefield, 2018).
“Time may have diminished the memory of the 2001 anthrax attacks and the sense of urgency surrounding the efforts to identify the attacker. The attacks, which involved mailings of five anthrax-laced letters to prominent senators and media outlets, killed five individuals and made 17 others ill. The anthrax mailings played a profound role in raising concerns over possible terrorist use of biological agents in attacks against the homeland. As a result of the anthrax scare, Americans’ perceptions of terrorism came to include an existential fear of biological terrorism (aka “bio-doom”). Though this sense of dread has since diminished in the absence of another biological attack, it persists today because of the recent revolution in biotechnology: a revolution capable of resulting in enormous benefit for humanity as well as catastrophic dangers.
These concerns have fueled enormous growth in federal government spending on biodefense measures, and a cottage industry has arisen to lobby for further resources to combat the bioterror threat. Investments in biodefense have ranged from exponential spending increases and the expansion in the numbers of Bio-Safety Level 3 and 4 laboratories nationwide to the passage of the Bioshield Act in 2004 and the creation of the Biomedical Advanced Research and Development Authority and Federal Select Agent and Biowatch programs. However, as time passed without a biological attack, concerns about bioterror have diminished and biodefense has arguably become passé, its advocates shifting their attention to health security and pandemic preparedness.
The FBI’s investigation into the 2001 mailings, labeled Amerithrax, remains a salient fixture on the post-9/11 landscape. Amerithrax was one of the largest and most complex in American history. It involved more than 10,000 witness interviews worldwide, 80 separate searches, and the recovery of more than 6,000 items of potential evidence, including 5,730 environmental samples from 60 site locations. The lessons of the investigation are crucial to understanding not only the U.S. government’s response to the first deadly bioterror attack on American soil, but also the role scientific evidence does — and does not — play in efforts to attribute bioterror attacks to an individual or group. Today, notwithstanding significant advances in bioforensics, the debates that continue to surround the Amerithrax investigation findings, the Syrian regime’s chemical weapons attacks, or the Russian involvement in the Skripal poisonings are all examples of the doubts confronting even the most earnest attribution efforts.
Hurdles Facing Bioterrorism Attribution
The investigation ran from late 2001 through to its eventual closing in February 2010, nearly two years after its principal subject, Dr. Bruce Ivins, committed suicide. The investigation found that Ivins was responsible for mailing the anthrax-laced letters in 2001 based on a combination of factors, including motive, opportunity, history of mental health struggles, access to the anthrax spore source, proximity of the source to the envelopes used to mail the spores, and a consciousness of guilt.
One key lesson of Amerithrax was that the United States lacked the means for accurate attribution of bioterror attacks. Attribution of a biological attack is the result of a process that combines the results of traditional forensics (fingerprints, tool marks, fiber, trace element analysis, etc.), bioforensics (genomic signatures and analytical chemistry), and investigative techniques (interviews, polygraphs, surveillances, telephone taps, etc.), which are particularly relevant in cases involving foreign actors, intelligence methods (human intelligence and signal intelligence collection and analysis).
Bioforensics, as a component of attribution, was born out of the Amerithrax investigation. But bioforensics, also commonly referred to as microbial forensics, is only one element of attribution. Because of the “CSI effect” (i.e., a perception resulting from popular television crime shows that laboratory tests can decisively determine guilt), laboratory tests almost certainly have eclipsed other forms of evidence in their influence over juries. In reality, scientific results take a long time to bear fruit and often are not as unambiguous as portrayed in television fiction.
As the Amerithrax investigation began, microbial forensics was in its infancy, and the capabilities were rudimentary compared to current tools. As Dr. Vahid Majidi, former Assistant Director of the FBI’s WMD Directorate, pointed out in his self-published book on Amerithrax, the goal of the investigation was to meet the legal standards, not necessarily the higher standard of scientific proof. Scientific certainty would have been too time-consuming and expensive. The scientific goal of Amerithrax, to paraphrase Majidi, was the good-enough. Dr. Randy Murch, who was involved in establishing the FBI’s microbial forensics efforts in 1996, stated that science will never get all the way to providing attribution, and that’s the way it will always be. Microbial forensics can exclude some possible perpetrators and include a few.
Thus, for all the progress made in the life sciences since 1996, attribution efforts still have a long way to go. No one size fits all the possible universes of possible threat scenarios. Methods remain largely untested in terms of validation and legal acceptance in federal courts. Having not been tested it the courts, questions remain as to whether the methods would meet the Daubert standard, the rule of evidence governing the admissibility of expert witnesses‘ testimony in federal courts. Given that microbial forensics alone is unable to answer the attribution question, attribution must incorporate all the available tools. Majidi stressed that to assign attribution, it was prudent to look at the information from each element independently and, once all the information had been gathered, to bring together the most diagnostic information to arrive at a conclusion. In the end, any attribution effort will be complex, and the results almost certainly will be controversial.”
Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
https://www.amerithrax.wordpress.com
DXer said
Pandemic preparedness bill by Rep. Brooks, of Indiana, passes U.S. House
By Ken de la Bastide | CNHI News Indiana
Jan 13, 2019 Updated Jan 14, 2019
https://www.newsandtribune.com/indiana/news/pandemic-preparedness-bill-by-rep-brooks-of-indiana-passes-u/article_b127e85d-79f6-580f-bf21-8f124b7d4843.html
“Biological threats, such as Ebola, smallpox or the anthrax attacks on Congress after September 11, 2001, can devastate communities, whether occurring naturally or manufactured into weapons of mass destruction by nation states or terrorist organizations,” Brooks said in a press release. “PAHPA improves our federal response to public health and national security threats by working to close the gaps in our emergency preparedness and response plans. It ensures we have more medical professionals trained to keep people safe in the event of a natural disaster or if an attack were to take place. It also ensures equipment, such as hazmat suits, masks and vaccines, is available in our Strategic National Stockpiles located across the country.”
Comment: All this money spent and concern … and yet the FBI reports that it did not even bother to keep the only documentary evidence that it relied upon in closing Amerithrax.
The reason the FBI did not keep it as they spun the evidence — AUSA Lieber made a silk purse out of a sow’s ear.
It was intentionally not preserved — the FBI Agents and prosecutors working on the matter when Bruce Ivins committed suicide did not want their careers slowed. So they spun the evidence to support their conclusion.
DXer said
This 2001 Terror Attack Is Eerily Similar To The Explosive Devices Mailed This Week
Leah Carroll
October 26, 2018, 12:45 PM
But the recent spate of ‘suspicious’ packages calls to mind one of the strangest (and still unsolved!) crimes of the last 20 years: the 2001 Anthrax mailings.
The anthrax attacks happened in the immediate wake of the September 11 attacks and launched a decade long investigation by the FBI that has technically never been resolved. In the chaos and fear that gripped the country post 9/11, letters contaminated with anthrax — a bacterial disease first found in cattle that emerged in World War I as an extremely deadly biological weapon — began arriving at major U.S. news outlets and politicians’ offices. In the end, five people died and another 17 were injured from exposure to anthrax with another 32,000 treated with antibiotics for possible exposure.
https://www.refinery29.com/en-us/2018/10/215122/explosive-devices-sent-to-democrats-2001-anthrax-letters
DXer said
PICTURED: Trump-supporting, bodybuilding, Native American Florida strip-club worker is revealed as the ‘MAGAbomber’ who ‘sent suspicious packages to 12 liberals’
• Cesar Altier Sayoc, 56, was taken into custody on Friday morning in Plantation, Florida
• He is an avid Trump fan with an interest in bodybuilding who says he is a member of the Seminole tribe
By Keith Griffith In New York and Jose Lambiet In Plantation, Florida For Dailymail.com
Published: 12:06 EDT, 26 October 2018 | Updated: 13:11 EDT, 26 October 2018
https://www.dailymail.co.uk/news/article-6321331/Suspected-mail-bomber-identified-Cesar-Altier-Sayoc.html
DXer said
Pipe Bomb Suspect Arrested in Southern Florida
Mr. Sayoc, a registered Republican, has a lengthy criminal history in Florida dating back to 1991 that includes felony theft, drug and fraud charges, as well as being arrested and accused of threatening to use a bomb, public records show.
His criminal record from the Florida Department of Law Enforcement indicates that at the time of his last arrest in 2015, he was 5-foot-11 and 215 pounds. He has brown eyes, black hair and a scar on his left arm, the records said, and was born in New York. The records listed Mr. Sayoc’s occupation as “manager.”
***
Some residents of Aventura reported seeing a similar white van covered in Trump stickers often parked in the lot of a local strip mall, the Aventura Waterways shopping center. But it was not clear if that van was the same one seized by the police on Friday.
***
It struck me because of the crazy conspiratorial stickers covering the windows,” said David Cypkin, a documentary film producer and editor with the Rakontur production company. “It was unsettling, and also it seemed to be occupied. Sometimes the door would be ajar or a window would be open, which indicated to me that maybe somebody was living in the van.”
***
Although no formal charges have been filed yet in the case, two of the law enforcement officials said there was a high likelihood that Mr. Sayoc would be prosecuted at least in part in Federal District Court in Manhattan. The F.B.I.’s New York office has been leading the investigation and five of the bombs sent this week fall under the jurisdiction of the United States attorney’s office in Manhattan.
DXer said
Cesar Altieri Randazzo aka Cesar Sayoc arrested.
DXer said
Officials believe all pipe bombs sent through mail, possibly from Florida
https://www.msnbc.com/msnbc/watch/officials-believe-all-pipe-bombs-sent-through-mail-possibly-from-florida-1352925251866?v=railb&
DXer said
FBI Investigates Pipe Bombs Sent To Democrats
October 25, 20184:56 AM ET
https://www.npr.org/2018/10/25/660436835/fbi-investigates-suspicious-packages-sent-to-democrats
DXer said
Experts Say Whoever Sent Pipe Bombs to Democrats and CNN Likely Left a Trail of Evidence
http://time.com/5434153/democrats-pipe-bomb-forensic-evidence/
Among the first steps for investigators will be retracing the path of the packages through the postal system or courier service used to deliver them.
The U.S. Postal Service operates a sophisticated imaging system that photographs the outside of each piece of mail processed across the country and can be used to determine the specific location of where it was sent.
***
Even the most careful bomber is likely to leave behind genetic material that could be used to identify them, especially traces of sweat, saliva or skin cells. There may also be fingerprints or hair.
Roman said investigators will also be collecting all available video camera footage taken from where the packages were mailed and delivered, as well as interviewing any potential witnesses in the area.
DXer said
Hunt for sender of bombs mailed to Trump critics focuses on Florida
Mark Hosenball, Jonathan Allen
6 Min Read
https://www.reuters.com/article/us-usa-packages/bombs-sent-to-trump-critics-biden-de-niro-as-us-manhunt-intensifies-idUSKCN1MZ1CP
Comment:
The game is afoot. Are you someone from Florida who spelled JB’s name Brenan on Twitter? Did your lover recently go to NYC while you establish an alibi by voting?
I never understand why perps don’t run when they are facing (a high likelihood) of spending the next decades in prison.
DXer said
Update: The Soros and CNN pipe bomb were also mailed. It is surmised that they also were mailed.
But, hey, Quantico. Is it sexist to assume that the mailer must be male?
DXer said
Steven Zaillian developing anthrax attacks film ‘Mirage Man’
https://www.business-standard.com/article/pti-stories/steven-zaillian-developing-anthrax-attacks-film-mirage-man-118072800243_1.html
DXer said
Former Agent Decker wrote in his book published last year:
“In spring 2003, Inspector Lambert added a third squad AMX-3, and stationed them in an off-site location five miles from the games of USAMRIID. They picked up the pace investigating our various persons of interest, Bruce Ivins included.”
DXer said
R. Scott Decker addresses the handwriting, quoting the Behavioral Uni’ts linguistic assessment. That is not how Ivins wrote his “1s”. Have you noticed that the FBI has refused to produce its analysis of Ivins handwriting?
“In writing the number one, the author choicest use a formalized, more detailed version. He writes it as 1 [with base and cap] instead of the simple vertical line.
DXer: In no handwritten exemplar, out of the many dozens of uploaded handwriting exemplars from lab notebooks in which a “4” was written, did Bruce Ivins ever use the closed “4” such as was used in the Fall 2001 anthrax letters ; moreover, Ivins in the exemplars used a single stroke to make a “1”
Posted by Lew Weinstein on May 13, 2013
https://caseclosedbylewweinstein.wordpress.com/2013/05/13/dxer-in-no-handwritten-exemplar-out-of-the-many-dozens-of-uploaded-handwriting-exemplars-from-lab-notebooks-in-which-a-4-was-written-did-bruce-ivins-ever-use-the-closed-4-such-as-was-us/
In the formal handwriting examination conducted in the Amerithrax investigation, it was concluded that “Bruce E. Ivins probably did not write the writings appearing on the ‘anthrax’ envelopes and letters.” The Assistant US Attorney did not disclose that fact in the Amerithrax Investigative Summary.
Posted by Lew Weinstein on August 13, 2013
https://caseclosedbylewweinstein.wordpress.com/2013/08/13/in-the-formal-handwriting-examination-conducted-in-the-amerithrax-investigation-it-was-concluded-that-bruce-e-ivins-probably-did-not-write-the-writings-appearing-on-the-anthrax-envelopes-and/
The List Of Comparisons Done By FBI’s Handwriting Analyst Who Found Ivins Probably DId Not Write The Anthrax Letters Is 22 Pages Long; The FBI Advises DXer That No Comparison Of Mohammed Atta’s Handwriting Is Among The Many Dozens Listed That Were Provided The Amerithrax Task Force
Posted on April 28, 2014
https://caseclosedbylewweinstein.wordpress.com/2014/04/28/the-list-of-comparisons-done-by-fbis-handwriting-analyst-who-found-ivins-probably-did-not-write-the-anthrax-letters-is-22-pages-long-the-fbi-advises-dxer-that-no-comparison-of-mohammed-attas-h/
Anthrax Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
http://www.amerithrax.wordpress.com
DXer said
Decker says, based on the observation that the letter’s misspelling “penacilin” was intentional and intended to mislead, the sender was probably not a supporter of Al Qaeda.
I’ve never heard of a more stupid and irresponsible judgment in the conduct of a murder investigation. Not. Ever. Decker instead should have been obtaining a copy of the sworn testimony in the summer from Cairo in 1999 about Zawahiri’s plan to use anthrax. The FBI should have been networking with MI5 about what was known about the infiltration by Rauf Ahmad of the 1999 and 2000 conferences sponsored by Porton Down and attended by the Ames anthrax researchers.
The only thing more ridiculous would be if Decker then took some bloodhounds up to 100 or more people sniffing them. The only time a bloodhound sniffed my hands was on “Bring Your Dog To Work Day.” I was at the pharmacy counter.
And, yes, the FBI should have been interview Al Qaeda anthrax lab director in January 2002 — not November 2002.
Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
http://www.amerithrax.wordpress.com
DXer said
Amerithrax episode tonight at 10 p.m.
https://www.sciencechannel.com/tv-shows/deadly-intelligence/
How to watch the Science Channel without cable
April 14, 2018
https://cordcuttingreport.com/2018/04/14/science-channel-without-cable/
Your subscription gets you 37 live channels like A&E, History, AMC, Travel Channel and Viceland. You’ll also be able to sign in to the Science Channel Go app using your Philo account. You can activate a free trial for a week in under a minute by just using your mobile phone number.
In this quick how-to, I’ll explain a few different ways you can get your favorite shows on the Science Channel. I’ll also break down the levels of access to Science Channel shows if you subscribe to platforms like Hulu, DirecTV Now or PlayStation Vue.
DXer said
Why didn’t FBI Director Robert Mueller ever thank the investigators? They seemed pretty bitter about it. (see Willman’s book identifying the interviews by the agents who said this). Lambert advises me that he was the only who saw all the evidence — so take that into account when you read R. Scott Decker’s book from his very limited perspective (reflected by what he addresses).
Separately, Senator Leahy, who says he doesn’t believe the FBI’s “Ivins Theory” for a minute, has said that when the FBI makes a mistake, they just stamp it classified.
Is the problem that the FBI Agents who held an Ivins Theory were part of a compartmentalized investigation and only knew what they knew? It seems that way when you hear these agents like Stanley relying on a behavioral profile in early Fall 2001 rather than the earlier public threats by Zawahiri was going to use anthrax against symbolic targets, this seems a case where the FBI had the tip but then did not effectively act on it.
Reminds me of the YouTube shooter whose father called the police and told them he was worried about her hatred of YouTube — and they then found her at a parking lot, having travelled to the company’s headquarters.
In his book, Decker nowhere acknowledges what was known about Zawahiri’s announced threats — and there is no indication that he was even aware of them.
DXer: The Blind Sheik’s Lawyer Montasser Al-Zayat Announced In 1999 That Ayman Zawahiri Would Use Anthrax Against US Targets To Retaliate For Imprisonment Of Senior EIJ Leaders, Most Notably Blind Sheik Abdel-Rahman
Posted by Lew Weinstein on June 3, 2013
https://caseclosedbylewweinstein.wordpress.com/2013/06/03/dxer-the-blind-sheiks-lawyer-montasser-al-zayat-announced-in-1999-that-ayman-zawahiri-would-use-anthrax-against-us-targets-to-retaliate-for-imprisonment-of-senior-eij-leaders-most-notably-blind/
Targeted assassination and mailed deadly letters were always a modus operandi, if not the signature, of Dr. Ayman Zawahiri’s supporters.
Posted by Lew Weinstein on May 6, 2015
https://caseclosedbylewweinstein.wordpress.com/2015/05/06/8-targeted-assassination-and-mailed-deadly-letters-were-always-a-modus-operandi-if-not-the-signature-of-dr-ayman-zawahiris-supporters/
At the Porton Down-sponsored Dangerous Pathogens 2000 Conference, Dr. Zawahiri’s infiltrating scientist Rauf Ahmad, in addition to presenting on the isolation of Bacillus Anthracis, presented on the detection of bacterial contamination in water.
Posted by Lew Weinstein on November 15, 2014
https://caseclosedbylewweinstein.wordpress.com/2014/11/15/at-the-porton-down-sponsored-dangerous-pathogens-2000-conference-dr-zawahiris-infiltrating-scientist-rauf-ahmad-in-addition-to-presenting-on-the-isolation-of-bacillus-anthracis-presente/
floor plan of suite at GMU’s Discovery Hall in 2001 with Ali Al-Timimi and leading anthrax scientists
Posted by Lew Weinstein on February 7, 2010
https://caseclosedbylewweinstein.wordpress.com/2010/02/07/floor-plan-of-suite-at-gmus-discovery-hall-in-2001-with-ali-al-timimi-and-leading-anthrax-scientists/
DXer said
Who does former Amerithrax lead investigator Richard Lambert think was responsible for the December 2001 cyanide mailings?
Similarly, who does BIlal Philips think was responsible? Philips’ insights about terrorism from 2001 and 2002 are available online through the Wayback Machine.
In 2001, Philips published this reply to critics who suggested he was guilty of terrorism.
http://www.bilalphilips.com:80/abouthim/artic10a.htm
“There are strict rules regulating how war may be conducted. Prophet Muhammad forbade the killing of women, children, and old people … ”
Islaam and Terrorism [1/2]
http://www.bilalphilips.com:80/abouthim/artic09a.htm
“The largest Muslim country in the world today is Indonesia, having over 200 million citizens, never saw a Muslim soldier. Islaam spread there and in Malaysia and Philippines by trade.”
Bilal Philips would tour New Zealand although I see no indication that he was in the country on the dates (or even years) of mailing. But given his world travels in that part of the world and insights into what he considers permissible terrorism — and the rules that apply under the Quran — who does Bilal Philips think was responsible for the cyanide mailing?
Bilal Philips was Ali Al-TImimi’s mentor and spoke alongside Ali- Al-Timimi in July and August 2001 in Canada and then the UK.
Bilal Philips, Ali’s mentor and a conference partiicpant, has explained in an interview that he recruited people from the US military to jihad. (He taught Al-Timimi in high school in Riyadh).
The father of anthrax mailing suspect Adnan El-Shukrijumah in turn had been Bilal Philips mentor. (Adnan’s father had been the Blind Sheik’s translator and testified as a character witness for one of the defendants in the sedition trial in the mid-1990s involving the blind sheik.)
So who does the learned Bilal Philips think was responsible for the cyanide mailing? I don’t know.
Upon being banned from Australia in 2007 he commented:
“I have been to Australia on more than one occasion and my lectures have all been recorded and are circulated in Australia and they all speak to my moderation. I have found Australians to be very open and tolerant during my visits and lectures on campuses and other public venues. So the refusal comes as a disappointment, especially considering that my wife is a third generation Australian of Irish extraction.
Furthermore, in July of last year I did a lecture series in New Zealand, flying in transit through Sydney, and all my lectures were recorded there also, if the Australian immigration and security agencies cared to review them.
It is very saddening to see the Australian authorities so blindly following American allegations and unsubstantiated false accusations, instead of following the path of fair investigation as the authorities in New Zealand, UK, and Canada have done. Had they bothered to contact the Canadian authorities who have thoroughly investigated me based on American suspicions or the British who have done the same based on my regular lecturing in the country, they would have found sufficient evidence that I am not nor have I ever been involved in any form of terrorism or anything remotely connected to it. In fact I am one of the loudest voices in opposition to those who commit acts of indiscriminate wanton violence against civilian populations and the like in the name of the religion.”
“Interview with Dr. Bilal Philips”
https://muslimmatters.org/2007/04/09/interview-with-dr-bilal-philips/
On page 2 he continues:
” “Fight in the cause of Allaah against those who fight against you, but do not transgress the limits. Indeed Allaah does not love transgressors.” (2:190). Muslims are also enjoined to fight against tyranny. The Qur’aan states, “Why shouldn’t you fight in the cause of Allaah and for those oppressed because they are weak. Men, women and children who cry out, ‘Our Lord! Rescue us from this town of oppressors’” (4:75)”
He spoke in Kuala Lumpur on February 2001. I don’t believe Yazid Sufaat had left yet for Afghanistan. Did Yazid Sufaat attend the lecture? Yazid Sufaat pled the Fifth Amendment when I asked him what anthrax strain he was using (Ames had been detected by both the FBI and CIA).
Sufaat said he thought anthrax was mainly just good for sabotage that he preferred something that acted more quickly.
DXer said
Now let’s consider the background of Scott Decker’s discussion of bloodhounds in his forthcoming book in the Spring of 2018.
In her civil deposition in the Hatfill lawsuit against the United States, Virginia Patrick explained that the FBI Agents — one included Scott Decker — told her and her husband that the bloodhounds were the “smoking gun” that proved Dr. Hatfill was behind the anthrax mailings. She had been at the grocery store when agents came to get her — waiting to check out, she left with them without checking out. Her husband arrived back at the house at the same time with other agents.
In the living room, agents told them they knew Hatfill was the mailer because of the “smoking gun” evidence. The entire news-reading world would soon know what the FBI suspected and what it claimed as the “smoking gun.”
She knew that the bloodhounds — who arrived just 5 minutes from when one of the agents called — had been waiting nearby. She describes the demonstration as involving someone with a handkerchief and taking it behind a tree — and then the bloodhound finding the agent.
I’ve previously described it as the “dog-and-pony” show (without the pony).
This supposed “smoking gun” evidence pointed AWAY from Bruce Ivins. The FBI has not disclosed any of the canine deployment reports that were scanned and provided to the Washington Field Office. Indeed, the dogs did NOT alert to Dr. Ivins.
And so if Decker thought that the forensic technique (if you want to call it that) was the smoking gun evidence, why did it suddenly become irrelevant with regard to Dr. Ivins?
Click to access amerithrax-depositions-vol-6.pdf
The “Hatfill Theory” was part of the same unstoppable train wreck as the “Ivins Theory.” There was a change of cars (many of the investigators), but it was the same flawed train of reasoning (and in the case of Agent Decker, the same investigator accusing both Hatfill and Ivins. As for the other investigators, the investigators never overcame the earlier truncated emphasis of the investigation that was centered on the guesswork of profilers with no training or experience in intelligence analysis.
Posted on May 10, 2011
https://caseclosedbylewweinstein.wordpress.com/2011/05/10/the-hatfill-theory-was-part-of-the-same-unstoppable-train-wreck-as-the-ivins-theory-there-was-a-change-of-cars-investigators-but-it-was-the-same-flawed-train-of-reasoning-and-the-inve/
DXer said
In today’s news, Mike Rogers continues to be on the short list.
Many FBI agents previously supported former Rep. Mike Rogers, R-Mich., to be the FBI director in 2013, and could do so again.
The FBI Agents Association, or FBIAA, a group of more than 13,000 current and former FBI agents, endorsed Rogers to replace Robert Mueller for the post in 2013 .
http://dailysignal.com/2017/05/11/12-possible-comey-replacements-fbi/
DXer said
“ALICE FISHER
Currently a partner at the law firm Latham & Watkins specializing in white-collar criminal and internal investigations, Fisher formerly served as assistant attorney general for the Criminal Division of the Justice Department. Fisher faced resistance from Democrats during her confirmation over her alleged participation in discussions about detention policies at the Guantanamo Bay facility in Cuba. She also served as deputy special counsel to the Senate special committee that investigated President Bill Clinton’s Whitewater scandal. If selected, she would be the bureau’s first female director.”
__
What conflict of interest issues would have to be addressed upon (preferably before) an appointment of Alice Fisher? I believe she is the managing partner of the DC Office. With a member of the legal bar, the rules must be considered with a lot more due deliberation than in other walks of life.
Investigative reporters could be expected to dig into PACER and dig deep into her past representations.
Would she have to recuse herself from all matters involving Latham & Watkins clients being investigated or prosecuted? (I leave that to the experts but it would be disappointing for the President to inflame the controversy further).
Mike Rogers has the advantage of having been a commentator after serving for many years working on oversight with all the various intelligence agencies. Ray Kelly and other FBI officials similarly would tend not to have conflicts of interests built into their past work.
Mike Rogers has always emphasized that we are Americans first, Republicans or Democrats second. He notes that problems get solved when people put their political differences aside and work collaboratively to solve problems.
Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense
http://www.amerithrax.wordpress.com
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
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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.
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
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
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
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
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.
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.
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.
DXer said
Biodefense and the next presidency
Laura H. Kahn
http://thebulletin.org/biodefense-and-next-presidency10280
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.
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.
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.
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.
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
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.”
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
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.
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
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…”
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.
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
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