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

* FOIA Complaint filed by Ken Dillon in federal court against the US DOJ filed last week

Posted by Lew Weinstein on August 29, 2017

It wasn't Ivins


Here is the link to the FOIA Complaint filed by Ken Dillon in federal court against the US DOJ filed last week.

Over the past two years, through numerous requests, letters, appeals, calls and emails, academic researcher Ken Dillon has exhausted all attempts to obtain the Notebook 4282 with the entries from the time of the first Fall 2001 anthrax mailing and the prior week.  The FBI’s “Ivins Theory”, you’ll recall, was premised on the claim that Ivins had no reason to be in the B3 laboratory.

The FBI should have returned a copy of all the Ivins notebooks to the USAMRIID — as the USAMRMC FOIA Officer Rogers long ago requested — for uploading in the USAMRMC’s excellent reading room which contains most of his numerous other notebooks.

I see a reference in the FBI’s “Vault” that the notebooks relating to the distribution of Ames strain were added as “a 1A to the FD-340 section of the file, serial 7825.”  The USAMRMC FOIA Officer explained to me last week that there also is a CD containing all the Ivins notebooks that were in the library that is still being withheld by the FBI.  For example, the FBI has not produced the 88 pages of Notebook 4010, the Notebook relating to the so-called (and inaptly named) “murder weapon” (which it imagines to be Flask 1029).

Lots of people have different theories of the difficult and complex Amerithrax whodunnit.  But Dr. Dillon’s efforts will serve to help get people “on the same page.”  I urge that everyone support this request that the FBI comply with the rule of law embodied by the FOIA.  Importantly, an additional item Dillon is seeking is the lengthy memorandum by lead Amerithrax investigator Richard Lambert, who has publicly said that the FBI is withholding a staggering amount of evidence that is exculpatory of Bruce Ivins.  

As a start, though, given that the FBI, I believe, has already located Notebook 4282, all that is left for them to do is to shoot it over to USAMRIID so that USAMRMC FOIA Officer Sandra Rogers can process it under FOIA.  (USAMRIID, not the FBI, is the “originating agency” and so it is up to USAMRIID to process it like it did all the other of Ivins’ notebooks that eventually were returned by the FBI.)


28 Responses to “* FOIA Complaint filed by Ken Dillon in federal court against the US DOJ filed last week”

  1. DXer said

    FBI reversal: Bureau will release more Clinton investigation docs
    By Stephen Dinan – The Washington Times – Thursday, September 14, 2017

    Weeks after saying there wasn’t enough public interest in Hillary Clinton’s email case, the FBI’s decision has been modified, and the bureau will publicly release more details of its obstruction of justice probe into the former secretary of state.

    The Justice Department confirmed the new position in a letter Thursday to Ty Clevenger, a lawyer who’d filed an open-records request for the information.

    The FBI had initially told him there wasn’t enough public interest to outweigh Mrs. Clinton’s privacy concerns, but he appealed to the Justice Department, which said it was “modifying the FBI’s response.”

    Justice Department official Sean R. O’Neill said after speaking with Mr. Clevenger, they have concluded that the records in question are part of the Clinton email investigation file, which he said they’re already making public in installments.

    “Any records concerning the FBI’s investigation of obstruction of justice are currently being processed by the FBI along with the remainder of the Clinton email investigation file. The FBI is publicly posting all releasable records on a rolling basis,” he said.

    The records are being posted at the FBI’s “vault,” a section of the bureau’s website, under the heading “Hillary R. Clinton.”

  2. DXer said

    CIA Director Mike Pompeo says: “I want to make sure the world gets to see [the Bin Laden documents seized from Bin Laden] so that we can have lots of hands touching them and making good judgments about how to make sure that we don’t have a 9/11, that we don’t have this kind of risk again.”

    People can disagree with the Director’s religion and politics, but I think this stated view of helping people to get on the same page so as to be able to make good judgments about how to make sure we don’t have a 9/11 is commendable. It may contribute to the Director being recorded in history as a good director.

    I hope he applies the same point of view to the Table of Contents (relating to AQ) of the Amerithrax Interim Case Management Summary — and the text of the section on Bruce Ivins — sought by Ken Dillon under FOIA. Specifically, there is nothing at all classified (or that should be classified) from the section on Ivins.

    And there is nothing that should be classified — all these years later — in the Table of Contents relating to an Al Qaeda theory.

    For example, Porton Down could be now identified as the second lab visited by Rauf Ahmad.

    And Ali Al-Timimi could be identified as sharing a suite with a leading Ames anthrax bioweaponeer (Alibek) and having full access to the ATCC culture collection (at which the lead FBI scientist JB spinning an Ivins Theory had been bacteriology collection scientist).

    Aafia Siddiqui maybe could be revealed to have visited Houston at the time of the Tropical Storm Alison, and to have visited her alma mater, to include the building with newly upgraded and unlocked B3 lab with the virulent anthrax.

    And Adnan El-Shukrijumah could be revealed to have crossed paths with anthrax lab director Yazid Sufaat at KSM’s house on 9/11 (from where he called his Mom on or about 9/11 to tell her he was coming to the US).

    If a major city is ever attacked in a mass aerosol attack, Director Pompeo will have stood on the side of the angels who did his best to keep our country safe.

    CIA Director Mike Pompeo Says Osama Bin Laden’s Porn Stash Won’t Be Released

    By Jack Moore On 9/12/17 at 6:08 AM

    Michael Flynn, former chief of staff for President Donald Trump and ex-U.S. intelligence chief, revealed in 2016 that laptops seized from jihadists were filled with as much as 80 percent pornography, alongside videos of beheadings and other gruesome footage.

    British Foreign Minister Boris Johnson in 2015 famously called male fighters from the Islamic State militant group (ISIS) “porn driven losers,” men who have “low self-esteem and are unsuccessful with women.”

    One man, the founder of online jock news site BroBible, even petitioned the CIA to release the information under a Freedom of Information Act request in 2015. The CIA quickly shut him down. “We are not going to release these materials due to the nature of their contents,” Jeffrey Anchukaitis, a spokesman for then Director of National Intelligence James Clapper said at the time.

    Pompeo instead said on Monday that it was imperative for the American public see the documents that matter to national security, in order to prevent another plot of the likes of 9/11, the worst attacks in U.S. history, leaving almost 3,000 people dead.

    Once we are sure that there’s not classified material and that there’s not things that we can’t release, I want to make sure the world gets to see them so that we can have lots of hands touching them and making good judgments about how to make sure that we don’t have a 9/11, that we don’t have this kind of risk again,” he said.

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense

    • DXer said

      Greater transparency would do much to debunk the suggestion (which otherwise will go down in history as unresolved) that the CIA was responsible for the anthrax mailings.

      CYA, not the CIA, seems to remain at the center of the missteps in the investigation.

      • DXer said

        If there is a stronger case for award of fees for the FBI’s withholding of the contemporaneous notes from Bruce Ivins Laboratory Notebook 4282 — or what Richard Lambert wrote about Bruce Ivins in 2006 — I haven’t seen it.

        FOIA Group That Got Al-Awlaki Memos Wins Fees In 9th Circ.

        Law360 (subscription)-Aug 25, 2017

        Law360, New York (August 25, 2017, 6:37 PM EDT) — An open-government group that sued under the Freedom of Information Act to obtain legal memos about the U.S.’ targeted killing of Anwar al-Awlaki won legal fees Friday, when Ninth Circuit judges concluded for different reasons that the lower court applied the wrong standard to deny fees.



    • DXer said

      The CIA release of documents presents an interesting opportunity to put an AQ anthrax theory to the test. If other notes show operational plans, shouldn’t there be some corroboration of an AQ anthrax theory?

      The CIA has long known that the bio program was kept closer to the vest than the chemical weapons planning. The bio program was more strictly compartmentalized. (See James V.’s presentation at the conference organized by Ken and moderated by Lew; James worked for the CIA and had his public remarks vetted).

      Chem was overseen by Abu Khabab. Bio was overseen by Zawahiri who reported to Atef. Atef was promptly killed in a bombing shortly after the second mailing.

      But no matter how closely compartmentalized, would you expect something in Bin Laden’s materials that was corroborative?

      The Taliban and forbidden Bin Laden from launching an attack from Afghanistan soil. And Bin Laden accordingly denied 9/11 initially — until it was beyond reasonable dispute.

      There was no reason for him similarly to not deny the anthrax mailings (even assuming AQ was responsible) because there was not such public proof as there was in the case of 9/11.

      But after all these years — and given that these were Bin Laden’s papers kept over the course of years — if CIA is in fact transparent in the forthcoming disclosures, shouldn’t there be some sort of corroboration?

      And if all the materials are declassified, won’t the absence of such corroboration be a factor weighing against Ken’s (and my alternative) AQ theory?

      (Ken thinks Jdey was the anthrax mailer and I think Shukrijumah was the mailer).

      Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense

  3. DXer said

    CIA: ‘We will not be releasing Bin Laden’s porn collection’

    Pompeo added that “there’s some pornography, there’s some copyrighted material — and everything other than those items will be released in the weeks ahead.”

  4. DXer said

    Anthrax attacks and the ‘Disease Detectives’: Something’s Killing Me explores horror which left five dead
    10th September 2017 by April Neale

    A still from the Something’s Killing Me episode which looks at the CDC’s ‘Disease Detectives’

    Something’s Killing Me on HLN tonight delves into the deadly spate of Anthrax attacks which terrorized the nation back in 2001.

    The ‘Amerithrax’ attacks, which started a week after 9/11, saw patients in Florida, New York, and Washington, D.C., being admitted to hospitals with mysterious and sometimes fatal bacterial infections.

    It came after letters containing Anthrax spores were mailed to a string of media outlets across the country.

    The first person to die was Robert Stevens, a British photo editor for the National Enquirer and the Sun supermarket tabloid.

    Four others were also killed, and 17 more people became infected.

    As the cases started to appear across the country, the CDC had to mobilize in a bid to find out what was causing the deaths and to trace the origins.

    Scientist Dr. Bruce Ivins became the main suspect after the crimes were investigated by the FBI. In 2008, prior to indictment, he killed himself.

    Tonight HLN looks at the work of the CDC’s “Disease Detectives”, who are the front line for domestic terrorism attacks involving pathogens.

    Something’s Killing Me will show how a medical investigation ramped up into a criminal case and the subsequent frantic search for a suspect.

    Hosted by Emmy nominee BD Wong, the episode looks at the hard and methodical work the responders do to prevent and to mitigate these attacks.

    Something’s Killing Me splices interviews with journalists, and those who were there at the time.

    The victims, their families, and the attending doctors’ recollections are woven into real event re-enactments which take us on a chilling look back in time.


    I know BD Wong from watching the tv show “Law and Order”. Last night I was disturbed to find that Captain Donald “Don” Cragen had been arrested for the murder of a sex trafficker that SVU had been investigating. He was set up. I think that if BD Wong’s character had appeared in that episode he would been in Cragen’s corner.

    It would be a real honor if BD Wong ever appeared at Syracuse Stage — where over the years quite a few Law and Order actors have appeared (to include the actor who played DA Jack McCoy).

    Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense

    • DXer said

      I believe the show will air again tonight at 10pm ET There is also a link on “YouTube” posted by “rosi” but I don’t recommend clicking on the link.

      Background of show:

      Exclusive trailer: BD Wong follows bizarre medical mysteries on HLN’s Something’s Killing Me

      13th August 2017 by April Neale

      HLN’s chilling new documentary series Something’s Killing Me starts tonight — with Mr. Robot star BD Wong guiding us through six episodes delving into life or death medical mysteries.

      The series opens tonight with a puzzling disease. In the episode, titled Hope, we see a grieving husband and caring community rally around a young mother stricken with cancer.

      As the family must make arrangements for a funeral, doctors discover a shocking secret.

      Each of the six episodes will explore lesser known medical conditions that result in near-death struggles.

      Thematically, each of the episodes will involve the race against time to figure out what the ailment actually is, and the backstory of how the patient found help.

      Also, human malfeasance and criminal behavior are woven into the narratives.

      Something’s Killing Me uses interviews with the victims, families, and doctors combined with scene-setting reenactments produced by the CNN Original Series Development team.

      They interviewed doctors, scientists, and even, in some of the episodes, federal investigators, who work in tandem as “medical sleuths to solve the mystery” to save a life.

      HLN’s Something’s Killing Me will air in six parts, each with a different story

      B.D. Wong said he found the series “fascinating”. He added: “It’s unlike anything else on television. It combines captivating life or death mysteries with a high standard of journalistic integrity. I’m really excited to be part of it…the stories are mind-blowing.”

      After tonight’s Hope episode, next week’s episode will be The Strange Case of Dr. Gilmer (Airdate: August 20, 9pm ET/PT) where criminal doings are afoot in a small town, and a doctor with a strange disorder is at the center of it.

      Following are Into Madness (Airdate: August 27, 9pm ET/PT) where a mysterious mental disorder that mimics schizophrenia befalls a young girl.

      Disease Detectives (Airdate: September 10, 9pm ET/PT) is the story of CDC disease detectives hunting the source of fatal bacterial infections with a criminal twist.

      Family Curse (Airdate: September 17, 9pm ET/PT) reveals a bizarre genetic disease that prevents sleep.

      The final episode is Angel of Death (Airdate: September 24, 9pm ET/PT) where after patients begin dying, an investigation turns up a surprise.

      Something’s Killing Me is the latest in a string of CNN Original Series, following How It Really Happened with Hill Harper, and Beyond Reasonable Doubt.

      Another, Inside Secret Places with Chris Cuomo, is slated to premiere in Fall 2017 along with the second season of How It Really Happened with Hill Harper, which will feature recounts of the Monica Lewinsky scandal, Casey Anthony trial, Gianni Versace murder and more.

      Something’s Killing Me airs Sundays at 9pm ET/PT on HLN following The Hunt with John Walsh at 8pm. Episodes will additionally replay on HLN the following Mondays at 10pm ET and Saturdays at 10pm.

  5. DXer said

    When Lew is not living or jet-setting abroad, he lives in Key West. We will hope for the best for him and his loved ones.

    Maybe in his next novel, he could include a hurricane set centuries ago.

    Or maybe he could write a heist novel where the perps take advantage during a mass evacuation, to include movement of master paintings.

    Steve Kurkjian addresses the Isabella Gardner heist yesterday. The show also discusses forgeries.


    Mysteries In The Museum: Crime And Deception In Art
    By Lucy Nalpathanchil & Carmen Baskauf • 19 hours ago

    • DXer said

      A de Kooning, a Theft and an Enduring Mystery – The New York Times


      It would make total sense to me if the wife, at age 24, was the model for the painting in New York City.

      If the son has mental difficulties, he’ll probably come forward with an explanation when he’s feeling better. It would make a fun movie so perhaps someone will approach him about rights to the story. (This is all assuming it is not a forgery and part of a con).

  6. DXer said

    There are 16 pages of text in the IMCS chapter on Ivins being sought — and the table of contents (re AQ) is 22 pages for a total of 38 pages that were hoped would be produced before the first EMP.

    With the US government so slow in doing really basic tasks like pulling documents, do you really imagine that this country is safe from a major catastrophe? Everyone in government would have to majorly step up in their game.

    Not being able to rely on the US government, it would cost you next to nothing to prepare an EMP box (using an old microwave). You can pick up a mobile CB radio for about $35 on Amazon.

  7. DXer said

    DOJ only provided this email to Mara Linscott because I specifically identified it. Who at the DOJ or FBI pulled the emails to and from Patricia Fellows and Mara Linscott in September and October 2001. They should be provided so that they can be uploaded to the thousands of emails processed and uploaded at the USAMRMC Electronic Reading Room. They should never have been culled.

    DOJ For 4 Years Withheld This Email (Message 0438) Written By Bruce Ivins On The Date Of Alleged Mailing Of Deadly Anthrax ; GAO Should Obtain A Full Set Of Emails From DOJ, Including Those That DOJ Has Still Failed To Produce

    Posted on March 1, 2012

    • DXer said

      Below is an example of one of the September 15, 2001 emails the FBI has failed to produce. Dillon asked for all documents showing how he spent his time in September and October 2001 and the FBI withheld all of his emails — even emails they quoted in spinning the FBI’s “Ivins Theory.”

      September 15, 2001,

      “I am incredibly sad and angry at what happened, now that it has sunk in. Sad for all of the victims, their families, their friends.
      And angry. Very angry. Angry at those who did this, who support them, who coddle them, and who excuse them.”

  8. DXer said

    Here is a post on the issue from June 2016:
    * Ivins/Amerithrax-Notebook 4282 FOIA follow-up by DXer

    Posted by Lew Weinstein on June 13, 2016
    Re Ivins/Amerithrax-Notebook 4282

    Sandra and Joseph,

    Did Medcom inquire of DOJ about Notebook 4282? If Medcom inquired of DOJ, did Medcom get a reply?

    The notebook has an entry on the date of the first mailing of anthrax in 2001 that murdered 5 people. I am informed and believe that it also has entries on 9/14/2001 and 9/15/2001, the date that the FBI theorized Ivins prepared the anthrax.

    The FBI claims Ivins had no legitimate reason to be in the lab. In contrast, I think the notebook will evidence a virulence study that shows Ivins was responsible for the nighttime and weekend animal checks. (According to lab tech Mara Linscott, such checks were a one-person job and took a couple hours, such as what was observed).

    I have suggested instead that an Al Qaeda operative Adnan El-Shukrijumah from Florida was responsible — was the mailer. He was an associate of Mohamed Atta who met with Atta in a Sarasota residence. Adnan told his mother on or about September 11, 2001 that he was coming back into the country. Adnan was staying with Al Qaeda’s #3 KSM. KSM was getting briefed by Al Qaeda’s lab director Yazid Sufaat, who I have interviewed. Sufaat does not deny responsibility for the anthrax mailings and instead pled the Fifth.

    The Army and FBI has not treated the issue with the expedition warranted under the FOIPA statute.

    Sometimes, as in the case of the Florida Pulse shooter, the FBI closes a case upon lack of evidence when actually the problem is that the evidence was available but not efficiently obtained.


    Under the animal protocols, there would be 3X’s checks (including a night check) and daily check for bacteremia and determination of serum antibody levels; for a subcutaneous challenge done in Building 1425, Dr. Ivins would do the bacteremia study in Rm. 313.

    Posted on November 8, 2011

  9. DXer said

    Do the notebook pages that the FBI has wrongfully failed to return to USAMRIID all these years provide detail relating to Dr. Ivins’ scheduled night guinea pig and mouse checks?

    Dr. Bruce Ivins calendar for September and October of 2001
    Posted by Lew Weinstein on March 9, 2010

    The claim that Dr. Ivins had no reason to be in the lab on those nights and weekends was simply a malicious lie.

    • DXer said

      According to Mara Linscott, nights and animal checks typically took a couple hours and were a one-person job.

      He recorded an average of a couple hours from August 31 through September 16.

      Thus, his time in Bacteriology and in Suite B3 are confirmed by his time records.

      Given the spinning the FBI did about what Ivins was doing in the month of September 2001, it is outrageous that the FBI withheld the lab notebook containing the contemporaneous notes.

      If the federal judge finds that the withholding was in bad faith, the statute contemplates that a Special Counsel determine the officer or employee “primarily responsible” for the withholding.

      Did AUSA Lieber instruct the FBI to withhold the notes? She is the one who failed to disclose his work with the small animals. She is the one who spun an Ivins Theory to FBI Director Mueller.

      Or was it someone in the FBI Laboratory. Was it Vahid Majidi?

      Internet posters were glad to fill the void with their speculation.

      For example, one internet poster wrote:

      “On the 14th, 15th and 16th, Dr. Ivins again worked long unexplained evening hours in his lab. He evidently completed his preparation of the media anthrax powders on the 16th. The media letters were mailed on the evening of September 17th. On that evening, Dr. Ivins was in Building 1425 for 13 minutes, from 7:00 to 7:13 PM, but didn’t enter the Bacteriology Division. He had a 11 hour, 50 minute “window” to drive to New Jersey to mail the letters before he logged back into Building 1425 at 7:03 AM on the morning of the 18th.”

      Of course, the guy never bothered to note that it was confirmed that Dr. Ivins had attended his group the evening of September 17. Oops.

      Nor did he ever express any interest in the lab notebooks showing what Ivins was doing on September 14th and 15th.

      “Bad faith” includes willful ignorance.

    • DXer said

      With Patricia Fellows not talking, Stephen Little, who like the numerous other USAMRIID scientists is very helpful (and thinks Ivins is innocent), can explain about animal protocols regarding subcutaneous challenges of mice, guinea pigs and rabbits in Building 1425. Then when Notebook 4282 is produced, he may be able to walk reporters through it.

      USAMRIID today has provided a copy of the September 2001 passive mouse protocol
      Posted by Lew Weinstein on December 23, 2011

      The Passive Mouse Protocol Produced Today Under FOIA Confirms Dr. Ivins Was The Scientist Who Vaccinated And Then Challenged The Mice Under BSL-3 Level Conditions

      Under The Mouse Protocol (As Under The Rabbit Protocol), Dr. Ivins Was Tasked With Taking Part In Immunization, Bleeding, Challenge And Observation Of The Animals
      Posted on January 1, 2012

      Bruce Ivins’ co-authors can explain the rabbit and other animal protocols that applied to the subcutaneous challenges in B3 in Building 1425 conducted in September and October 2001.
      Posted on November 9, 2011

      • DXer said

        Dr. Little would typically set up the animal protocol. Then post-1992 he would rely on Dr. Ivins to do the work in the B3 biocontainment laboratory.

        He explained at civil deposition that he didn’t think Ivins was responsible — lacking the equipment and the know-how.

        But if the Lab Notebook 4282 is shared with Pat Fellows and records the passive mouse experiment from September 2001, he would be an excellent go-to person at interpreting the notes, as he appears to have one of the investigators on the protocol.

        Q Where was your office relative to Dr. Ivins?
        A Around the corner.
        Q Okay. Within twenty feet?
        A Never measured it but possibly.
        Q Okay. So you would see him daily during work hours?
        A Yes. (p. 25)

        Q Outside of work did you have any relationship with Dr. Ivins socially?
        A Only on TDY.
        Q And TDY was?
        A Temporary duty. We went on a business trip.
        Q Like going to —
        A Bioport.
        Q — a conference? Bioport, okay.
        A Or a conference.
        Q So you would see him daily during a workweek and then these occasional trips that were taken; was it just you and Dr. Ivins or were there other people customarily on these trips?
        A Other people would probably go to these trips too.
        Q Okay. How often would they occur?
        A Once a year. Bioport [in Michigan] was more frequently for a period of time.
        Q Would Pat Fellows go with you on these trips?
        A On occasion.
        Q How about Dr. Welkos?
        A Yes.
        Q How about — I always want to say — Mara Linscott, would she go with you?
        A I, I don’t recall. I don’t recall her on a trip.
        Q And was your relationship with Dr. Ivins strictly business or would you consider him a friend?
        A A friend.
        Q Besides the, seeing him daily at business and going on these business trips with him [to Michigan], would you,
        what type of socialization would you have with Dr. Ivins?
        A Very, very infrequent.

        Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense

    • DXer said

      On September 10, for example, Bruce Ivins arrived for his night check of the animals at 8 p.m. and left at 10:50 p.m.

      The day before he arrived about the same 8 p.m. time, but spent almost an hour more.

      The day before, he arrived about 7 p.m. for his animal check but he only spent about an hour and a half.

      With the typical range varying from 1 1/2 to 2 1/2, the more interesting correlation would have been with the number of animals that had died that day.

      But did the FBI Agent, whose last assignment had been a retail undercover drug buy, even look at the corresponding notebook so as to know what Ivins was doing in the lab? (No).

      Later, after Ivins’ suicide, was he worried that he would be blamed for Ivins’ death like he had been blamed for the death of a witness in the drug case? (Yes).

      So people never bothered to check their work or correct their mistakes because no one wanted to be criticized for the Ivins Theory like agents had been criticized for The Hatfill Theory.

      Majidi referred things to the NAS while forbidding the NAS to address Ivins’ guilt or innocence — thus alibi evidence was not even allowed to be considered.

      With the challenge two weeks prior, the time Ivins spent on September 14 and 15 was totally normal and to be expected. Indeed, it was mandated under the animal protocol. And it was to be expected that the series of those night checks ended.

      Any qualified lab person reviewing the lab entries would have known that.

      FBI WMD Director Vahid Majidi’s comments at the press conference about the two person rule demonstrate that he was not qualified to review or understand the time entries relating to Ivins access to the B3 laboratory.

      The idea that Ivins was preparing the mailings even before 9/11 is especially stupid.

      On September 17, 2001, by the way, Ivins provably took leave to address an issue with one of the children at school. The work with small animals and the reason for leave was explained by Ivins’ lawyer to AUSA Lieber.

      AUSA Lieber had already gotten in trouble for visiting the jihadi in jail — after superiors directed that a deal had been cut and that it was forbidden. She didn’t want to get in trouble for the mischaracterizing in her memo of why Ivins was in the B3 Laboratory. That was why she never disclosed Ivins’ work with the small animals and the FBI, to this day, has refused to produce the relevant documents.

    • DXer said

      Attorney Paul Kemp, in a conference moderated by Lew and organized by Ken Dillon and an organization at UCLA, confirms that he explained the small animal experiments when he met with the AUSAs/agents in late July 2008.

      Now imagine what the lucid Attorney Kemp could have done had the FBI returned his notebook 4282 showing his work with animals and reason for being in the lab (which was seized in 2007)? Or the documents seized in 2007 showing the rabbit challenge in early October 2001? AUSA Lieber did not even mention the rabbits in her lengthy memorandum summarizing the matter (The Amerithrax Investigation Summary).

      DXer summarizes the documentary evidence relating to Dr. Ivins work with rabbits (nowhere mentioned by the DOJ) which demolishes the FBI’s claim that Dr. Ivins had no reason to be in the lab
      Posted by Lew Weinstein on July 3, 2012

      • DXer said

        The Passive Mouse Study Involved Up To 320 Mice And Required Observation For 14 Days ; It Seems That The Prosecutor and Investigators Did Not Understand This

        Posted by Lew Weinstein on December 24, 2011

        “PROTOCOL TITLE: Passive protection of CBA/J mice from Bacillus anthraces infection with specific antiserum”

        I. NON-TECHNICAL SYNOPSIS: For several years, research efforts at USAMRIID have focused on development of improved vaccines against anthrax. Investigators have also sought to demonstrate a correlate for specific, vaccine-induced immunity. Therefore, we propose to passively vaccinate mice with anti-PA serum to protect them against a challenge with spores of either the Vollum 1B, Ames or Sterne strains of B. anthraces. These isolates were chosen for challenge because they vary with respect to virulence and the goal of this study is to passively protect mice form challenge with an isolate of high virulence. We hope to demonstrate that mice can be protected against an anthrax spore challenge by antibody acquired via passive immunization.”

      • DXer said

        FBI interview statement: If someone came in off hours it was to work on the animal experiments – this could take approximately two hours and was usually a one-person job.
        Posted by Lew Weinstein on January 1, 2012

        Dr. Mara Linscott told the FBI that she needed to see her lab notebooks to refresh her recollection of details, but that checking on the animals would take approximately two hours and was usually a one-person job; the FBI provided the one publication on which she worked involving the former Zawahiri associate but she notes that USAMRIID was a military institution and thus not all of the projects would be published.
        Posted on November 27, 2011

        The DOJ Civil Division Notes That It Is Not In Genuine Dispute That After 2001, A Short-lived Two Person Rule (Implemented Early 2002) Prevented The Same Pattern Of Hours That AUSA Rachel Lieber Mistakenly Relied Upon As Proof Of Ivins’ Guilt
        Posted on November 28, 2011

        The scientist who made the large amount of virulent Ames that is missing, who was thanked by the former Zawahiri associate for providing technical assistance re the Ames, is the person who could explain about the rabbits [and mice] ; but she’s not talking.
        Posted on November 9, 2011

        • DXer said

        • DXer said

          Although the bloodhounds did not alert to Bruce Ivins, the bloodhounds DID alert to Patricia Fellows, the lab technician spinning things against Ivins. (Willman, p. 200).

          I have previously discussed (as did Scott Shane in an important NYT article) that there is no reason to credit the reliability of this “scientific” method used of the anthrax-smelling Lulu and Tinkerbelle. But it is another illustration how the FBI simply pick and chose what rationalizations to pull out.

          Take polygraphing as an example. (Relatedly, the scientist who refused to take a polygraph (was it PF?) was on pretty sound ground in questioning the reliability of polygraphing.) When Ivins passed his polygraph with flying colors, the FBI brought in a new expert who reinterpreted things and reasoned that he was just a really good liar.

          Where supposed science is involved, that’s a bullshit approach.

          Like Hatfill and Berry, Ivins just represented a vulnerable target that was thought amenable to such spin. If the FBI hadn’t staffed Amerithrax with first-year agents who were compartmentalized (see lead investigator’s Lambert’s public criticisms), the public might credit the FBI’s proposed solution.

          The FBI sought to pressurize Ivins to find out what he knew. But then when he committed suicide, things went into a strictly CYA mode.

          Where Taylor and Majidi and AUSA Lieber said Ivins had no reason to be in the lab, it was incumbent on them to show the contemporaneous labs reflecting what he was doing.

          It was — and IS — highly immoral — to continue to withhold them.

          Key FBI Lab people (to include Majidi and Hassell, as I recall) then went to work for the Army in biodefense — and were in a position to make sure that an Ivins Theory wasn’t debunked.

          For example, they limited the review after the Dugway debacle (where virulent Ames was mistakenly sent to dozens of labs worldwide) to post-2002.

          Including 2001 would have shown that their entire process-of-elimination approach was crock.

          But there was to be no picking up of the scent absent following the rule of law represented by FOIA.

          Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense

      • DXer said

        The suggestion by internet poster Ed that the animals were not in B3 — which remained the premise of his reasoning throughout his dozens of posts in 2011 on the subject — was extremely clueless and uninformed. (see his webpage detailing his train wrecks in 2011 on this issue).

        Before that, he says he was confused about where the keypad readers which he acknowledges led to “hundreds of mistakes” on his part. (His argument was premised on his specious claim that the animals were not in the BSL-3 Laboratory).

        Moreover, it never occurred to him to ask the FBI for a copy of the lab notebook relating to the animal experiments — because he only was interested in bloviating and speculating about guilt for murder rather than actually reconstructing how Bruce Ivins spent his time in the B3 in September 2001 based on the contemporaneous documents (rather than a prosecutor’s or investigator’s CYA assertions).

        A real analyst knows what information is needed to form a conclusion, and goes about obtaining it. A real analyst relies on evidence rather than conjecture.

        The FBI has failed to produce the pages relating to an Ivins Theory from the Lambert memo — a subject of Dillon’s federal court lawsuit. (CIA review, by the way, is not needed for review of those pages relating to an Ivins Theory; the FBI is the originating agency).

        Relatedly, the FBI refused to provide the documents reflecting his time on his computer during those hours he was there.

        A record of Ivins surfing on the internet would have doomed AUSA Lieber’s cotton candy Ivins Theory — just as his work with the small animals in the B3 does.

        FBI’s Computer Analysis Response Team (CART) agents set up a work area in 2004 in Bruce Ivins office to copy his electronic files created September 2001 and October 2001 but the FBI has refused to provide the documents obtained by FBI’s CART agents in response to Ken Dillon’s FOIA request
        Posted by Lew Weinstein on May 23, 2016

        Anthrax, Al Qaeda and Ayman Zawahiri: The Infiltration of US Biodefense

        • DXer said

          The stupidest thing ever written about Amerithrax? That would be the theory of internet poster Ed who argued for years that the animals were not in the B3 and that Ivins did not perform the scheduled animal checks.

          Ed’s theory of the case? “His wife ran a day care center at the time of the attacks, Ivins had many contacts with children, and the facts indicate that a child of about 6 was used to do the actual writing on the anthrax letters.”

          Of course, the theory proved useful given that the FBI expert concluded that Ivins probably did not write the anthrax letters.

  10. DXer said

    It is important to understand how outrageous it is that the FBI is withholding contemporaneous evidence showing Bruce Ivins whereabouts and activities in September and October 2001.

    For example, the whereabouts of individual discussed at pages 13-14 of Amerithrax Part 28 of 59 was unaccounted for the 15 hour window the first mailing.

    Time-line First Mailing (4:30 p.m. 09/17/2001 through 11:30 a.m., 09/18/2001)

    and 22 hours during the window of the second mailing.

    Time-line Second Mailing (4:30 p.m., 10/06/2001 through 11:30 a.m., 10/09/2001)

    Many of us would not be able to establish our activities months or years earlier on a particular day.

    The individual refused to take a polygraph. The individual was excluded upon a meeting with the AUSA, however, because the AUSA chose to exclude the person. (Okay.)

    Rather than relying on an analysis of the contemporaraneous evidence, the process of elimination relied upon by the FBI was not based on evidence, but just based on the assertion — the conclusion — of the prosecutor.

    In the case of Bruce Ivins, however, at the time the prosecutors asserted he was guilty, they had not yet even obtained the relevant contemporaneous evidence! Their conclusion and assertion then was CONTRADICTED by the documentary and other evidence obtained.

    For example, the FBI did not obtain the evidence he attended his group therapy session on the evening of September 17 and October 8 until well AFTER the FBI publicly claimed that he was the mailer. The FBI had speciously claimed that everyone else in the world could be excluded whereas Bruce Ivins could not.

    from DXer … Dr. Bruce Ivins had group therapy sessions [for addiction to pain meds from his leg problems] scheduled on both September 17, 2001 and on October 8, 2001, the same dates the FBI says he was mailing the anthrax letters
    Posted by Lew Weinstein on March 9, 2010

    It was especially baseless because US Attorney falsely claimed that the genetically matching Ames was only ever kept in Building 1425 when numerous scientists and the documentary evidence have established that the genetically matching was long kept in numerous places in Building 1412 also — allowing 100s of additional others to have access. The fact that hundreds more had access — and that was just at USAMRIID — required hundreds more be eliminated.

    Ha! The FBI never even knew where Al Qaeda operative Adnan El-Shukrijumah was during those windows of mailing. They just knew that he was travelling from KSM’s house, where the AQ anthrax lab director Yazid Sufaat had been staying, to the US.

    (Well, actually, most of the FBI Agents and Postal Inspectors did not know that — because the investigation was highly compartmentalized. Those in compartmented stovepipes had no business making conclusions at all.

  11. DXer said

    Why hasn’t the Army uploaded Bruce Ivins’ Lab Notebook #4010 relating to his distribution of the Ames b. anthracis genetically matching the mailed anthrax spores that killed 5 people?

    Posted by Lew Weinstein on September 20, 2015

    Is the answer that the FBI took the only copy and that the Army leadership is too ineffectual too ineffectual to get it back?

    19950124_LabNotebook 3716(redacted) (18811 KB) — Posted: 08/24/2012
    19950618_LabNotebook4103(redacted) (107678 KB) — Posted: 06/02/2011
    19960903_LabNotebook3919(redacted) (2993 KB) — Posted: 05/10/2011
    19980106_LabNotebook4000(redacted) (155721 KB) — Posted: 06/21/2011
    19981202_LabNotebook3745(redacted) (32444 KB) — Posted: 06/02/2011
    20000114_LabNotebook4237(redacted) (16714 KB) — Posted: 06/02/2011
    20000216_LabNotebook 4240(redacted) (7698 KB) — Posted: 08/24/2012
    20000216_LabNotebook 4241_B01-11(redacted) (6173 KB) — Posted: 08/24/2012
    20000303_LabNotebook3921(redacted) (22150 KB) — Posted: 06/02/2011
    20000608_LabNotebook4281(redacted) (6568 KB) — Posted: 05/13/2011
    20000828_LabNotebook4306(redacted) (4286 KB) — Posted: 05/03/2011
    20010809_LabNotebook4383(redacted) (28822 KB) — Posted: 04/29/2011
    Notebook 3655 redacted.pdf (19003 KB) — Posted: 04/28/2016
    Notebook 3945 redacted.pdf (12176 KB) — Posted: 04/28/2016
    Notes and Sample Anaylsis from Notebook 3268 (19684 KB) — Posted: 01/05/2012

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