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

* Attorneys Fees Due Dillon: 5 Years Later and DXer Is Still Waiting For Ivins’ Emails to Linscott and Fellows From Sep-Oct 2001 To Be Uploaded

Posted by DXer on January 22, 2018

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13 Responses to “* Attorneys Fees Due Dillon: 5 Years Later and DXer Is Still Waiting For Ivins’ Emails to Linscott and Fellows From Sep-Oct 2001 To Be Uploaded”

  1. DXer said

    DOJ announced that although it is producing 102 pages of Ivins emails previously produced, Dave Hardy says he is withholding 241 pages of Ivins emails that are duplicative to those already produced. Yet Dave Hardy saying that documents have produced does not justify the withholding.

    Indeed, he previously wrote Dillon and said ALL of the emails had been uploaded to the FBI’s Vault when in fact NONE of them had been.

    [According to a filing made by DOJ in federal district court yesterday (Dillon vs. US Department of Justice) the FBI apparently is producing 102 more pages of Ivins emails (to and from presumably; to include both his home and work computers perhaps) that Ken Dillon sought from September and October 2001.]

    Amerithrax was Robert Mueller’s biggest case.

    Produce the damn emails including the ones that DOJ claims (without citing any support) are duplicative.

    Sometimes the DOJ/FBI overlooks things. Maybe our analysis will reveal that the 241 pages being withheld are not duplicative.

  2. DXer said


    ORDERED that, within thirty days of the date of this Order, DOJ shall file a notice with the Court that provides possible explanations for why the FBI did not release the three emails purportedly sent to Mara Linscott that Dillon identified in his February 2018 letter to government counsel;

    Dated: January 17, 2019 RUDOLPH CONTRERAS United States District Judge

    Case 1:17-cv-01716-RC Document 26 Filed 01/17/19 Page 1 of 1

  3. DXer said

    Attorney General Sessions should fire the DOJ and FBI officials responsible for continuing to fail to provide the quoted Sept-October 2001 emails that it selectively and misleadingly relied upon in the Amerithrax Investigation Summary.

    The emails provably were culled from the Army production by DOJ/FBI upon written, emailed instruction to USMRMC official John Peterson.

    Dr. Dillon should be paid attorneys fees in the pending litigation.

    Under the rule of law, if there is an applicable FOIA exemption, to portions of the emails, such redaction may be made.

    The emails needed to be listed on a Vaughn Index — and were not — in the pending litigation.

    The DOJ pretended (through obfuscation) not to be able to find them.


    Trump learns the taste of betrayal
    Analysis by Stephen Collinson, CNN

    “While I am Attorney General, the actions of the Department of Justice will not be improperly influenced by political considerations,” Sessions said, in a clear swipe at a President who has repeatedly assaulted the integrity and the independence of the Justice Department.

    “I demand the highest standards, and where they are not met, I take action. However, no nation has a more talented, more dedicated group of law enforcement investigators and prosecutors than the United States,” Sessions said.

  4. DXer said

    Money Flowed to Michael Cohen. Where Did It Go?

    The big question is whether any of the money tied to a Russian oligarch landed in Trump’s orbit.
    by Noah Feldman
    May 9, 2018,


    It’s Shark Week in the Swamp and there is fresh blood in the water.

    If Trump resigns because of what corruption of his close associate/s, and Vice President Pence assumes the reins, perhaps Pompeo could serve as Vice-President.

    Top of his class at West Point, I believe — and appearing to do well on Korea — he would bring some gravitas and knowledge of the intelligence threats the US faces.

    In the meantime, FBI Wray should have someone in his office study the FBI’s justifications (lack thereof) for withholding the Sept-October 2001 documents, to include all those that the FBI selectively quoted in closing the Amerithrax investigation. This is not an era to play hide-the-ball. The FBI and DOJ culled the emails from the production made by the Army by USAMRMC official John Peterson — in writing no less.

  5. DXer said

    Mr. Rudy Giuliani:

    You bought the AMI building, the Florida building contaminated with anthrax. You are not a total newb about Amerithrax given that you served as Mayor of New York City at the time. You know about prosecution of the Blind Sheikh and World Trade Center 1993 — the background of motivation behind the mailings.

    Trust me that the work at this website below (with the graphics done by a federal undercover) represents the very best work of people like the late FBI Agent John O’Neill who sought to keep your City safe.

    The biggest downside of the FBI being encouraged to comply with FOIA in Amerithrax— is that the City is a little safer.

    The biggest upside? Former FBI Director Mueller’s resolution of Amerithrax is put to the test.

    In the Russia investigation, I see both sides. But as to whether the emails from Sept-October 2001 should be produced, there is no FOIA exemption that justifies withholding — and it is simply unacceptable for the FBI to claim that they cannot find them.

    “Mueller raised possibility of presidential subpoena in meeting with Trump’s legal team,”
    Carol D. Leonnig and Robert Costa, The Washington Post
    Published 7:20 pm, Tuesday, May 1, 2018

    But Special Counsel Robert Mueller responded that he had another option if Trump declined: He could issue a subpoena for the president to appear before a grand jury, according to four people familiar with the encounter.

    Mueller’s warning – the first time he is known to have mentioned a possible subpoena to Trump’s legal team – spurred a sharp retort from John Dowd, then the president’s lead lawyer.

    “This isn’t some game,” Dowd said, according to two people with knowledge of his comments. “You are screwing with the work of the president of the United States.”


    In the wake of the testy March 5 meeting, Mueller’s team agreed to provide the president’s lawyers with more specific information about the subjects that prosecutors wished to discuss with the president. With those details in hand, Trump lawyer Jay Sekulow compiled a list of 49 questions that the team believed the president would be asked, according to three of the four people, who spoke on the condition of anonymity because they were not authorized to talk publicly. The New York Times first reported the existence of the list.


    “Hopefully we’re getting near the end. We all on both sides have some important decisions to make,” Giuliani said. “I still have a totally open mind on what the right strategy is, which we’ll develop in the next few weeks.”

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

    • DXer said

      Here is interview Giuliani gave Wolf Blitzer sometime during Obama’s presidency. (I don’t know the date of the interview).

  6. DXer said

    Trump Tweets About FBI Agent Strzok’s Missing Text Messages

    In an early morning tweet on Tuesday, President Donald Trump weighed in on the FBI’s announcement that there were missing text messages involving an agent who was taken off special counsel Robert Mueller’s investigative team for possible bias against the president.

    In one of the biggest stories in a long time, the FBI now says it is missing five months worth of lovers Strzok-Page texts, perhaps 50,000, and all in prime time. Wow!

    — Donald J. Trump (@realDonaldTrump) January 23, 2018

    President Trump:

    Solve the mystery of the missing messages in Mueller’s Amerithrax investigation and you may solve the mystery of the missing Ames anthrax. (The FBI’s theory that Ivins grew the Ames in September and October 2001 was always a load of crock.

    The rule of law is a good thing.

  7. DXer said

    Sessions: Justice Dept. will get to the bottom of missing employee text messages

    By David Shortell, CNN

    Updated 11:57 PM ET, Mon January 22, 2018


    Is Attorney General Sessions really going to be get to the bottom of the missing texts when he has not even gotten his agency to produce any of the emails that the agency relied upon in closing FBI Director Mueller’s most famous “whodunnit” — the Amerithrax investigation?

    Search for the word “e-mail” in the FBI’s Amerithrax Summary

    Click to access amx-investigative-summary.pdf

    Then compare the quoted emails to the ones that the FBI for the past 5 years have failed to produce.

    The FBI has produced bupkes. Zilch. Nada.

    And look at all the emails quoted in Dellefera Affidavit in support of the search of Ivins’ residence.

    The loss or destruction — the proven failure to produce — these emails is a flagrant violation of FOIA and the rule of law.

    It evidence spoliation of evidence if they are not produced. The report to the federal judge on this issue is January 30, 2018.

    Amerithrax was Robert Mueller’s biggest whodunnit. I was Mueller’s biggest fan. Still am — or at least still struggling to be.

    But the FBI’s withholding of these emails is just beyond the pale.

    And which would be worse — its failure to maintain them or lying and saying they can’t find them.

    Either is unacceptable and requires imposition of attorneys fees and sanctions against the individuals who continue to fail to produce them.

  8. DXer said

    The FBI’s Missing Texts

    More reasons to question the bureau’s 2016 election actions.

    The Editorial Board
    Jan. 22, 2018 7:27 p.m. ET


    All of this should be troubling to Americans who admire the FBI and want it to be above politics. The vanishing texts and partisan texting are more reasons for Congress to share all it knows about the FBI and the 2016 campaign with the public.


    Given the absence of any evidence, the FBI needed to turn to innuendo smearing a mentally troubled and fragile man — based on a selective quoting of emails he wrote to two confidantes. They were the technicians who made the Ames anthrax (over the course of several years) that is missing.

    The FBI gave a copy of all its Ivins emails to the psychiatrist who wrote his report based on the emails — and then sold his report (until I complained).

    The former investigator R. Scott Decker had a complete set of emails in his office and spins them — and now is offering his book to you for a mere $38.

    The reporter David Willman, the DC journalist who was Decker’s friend, relied very heavily on the emails and selectively quoted them at length. Look for his upcoming promotion of Decker’s book.

    Postal Inspector Dellefera quoted the numerous withheld emails and said that they gave reason to search Ivins’ home on suspicion he was the anthrax mailer. (They made the same claim against numerous others, like Hatfill, in the course of their investigation, but in the game of musical suspects the music ran out on Ivins.)

    The Amerithrax Summary itself quoted the numerous withheld emails.

    Yet for years the FBI has refused to produce the emails. The FBI variously claimed that they cannot find them; falsely claimed that had already uploaded them; falsely promised that they would upload them; said they would take it under advisement; claimed it would reconsider its decision; and repeatedly claimed that they could not find them. You name it, the FBI has done everything except produce the emails.

    At the same time, they are withholding the Laboratory Notebook 4010 relating to the so-called “murder weapon” — Flask 1029 (and Notebook 4037). The FBI refuses to give Notebook 4010 to the Army, according to the USAMRMC FOIA officer (though actually others in the Army are having it and keeping it under wraps).

    The Lambert memo, which I now understand to be classified, has been sent off to RIID OPS.

    Once in 2012 the FBI produced to me a September 17, 2001 email from Ivins to Linscott — on the date of mailing, It was produced only after months of wrangling and I identified it by date.

    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

    Last month, they produced a small handful of emails from Ivins to Mara Linscott. They were produced on December 19, 2017, about 6 years after they had first been promised to be uploaded in the FBI’s Vault (as I best recall). (see recently posted letter from Dave Hardy). But Ivins wrote hundreds, according to the FBI. in its Amerithrax Summary. And the FBI has made central to its case numerous of the emails, to include emails from September 15, September 21, September 27, and October 3 — all times that the FBI says (1) Ivins had no reason to be in the lab, and (2) Ivins was preparing a deadly anthrax to mail. In some of the emails the FBI has withheld, Ivins specifically discusses working with Ames in 1412 and specifically discusses the small animal experiments requiring him to work nights and weekends. Heck, a lot of the emails were WRITTEN on nights and weekends by Ivins from work.

    The few emails they have produce show Ivins talking about using the virulent Ames in 1412, admiring and complimenting the Yankees (which under the FBI’s “Ivins Theory” he hated, causing him to send anthrax to New York); and lamenting that the burden of working odd hours (nights and weekends) fell on him in the small animal experiments necessary to save the hide of the vaccine manufacturer in Michigan.

    So if the FBI truly did lose or destroy the emails to and from Mara Linscott and Pat Fellows that Dillon seeks in his litigation, then under FOIPA and the statutory provision that Dillon’s counsel identifies in the filed Complaint, those employees should be identified and punished pursuant to the statutory procedure outlined in that statute. Attorneys fees should be awarded Dillon because the FBI forced him to incur the expense of litigation by wrongfully withholding the emails.

    The FBI’s continuing withholding of all the emails that it relied upon in pitching its “Ivins Theory” is outrageous and beyond the pale.

    As I best recall, years ago AUSA Lieber told me I would never get anything else under FOIA. Let’s prove her wrong.

  9. DXer said

    The FBI has failed to produce — claiming not to be able to find — EVERY SINGLE email that it quoted in the Dellefera search of Ivins residence and the Amerithrax Summary in which it pitched its controversial “Ivins Theory.”

    There should be a Congressional probe of the FBI’s spoliation of electronic evidence.

    How Did the FBI Lose Five Months of Text Messages Between Two Trump-Hating Employees?

    The bureau’s claim of an IT failure is not sitting well with some Republicans.
    2:27 PM, Jan 22, 2018 | By Andrew Egger

    “At best, the FBI, which handles such electronic forensics as a matter of routine, seriously flubbed a perfunctory archival job—one that might have conveniently vanished damaging information … At worst, the FBI deliberately destroyed potentially damaging information, and lied about it to congressional investigators.”

  10. DXer said

    Given that it was John Peterson of the USMRMC who pulled the Linscott and Fellows and other emails from the Army’s production under FOIA at the DOJ/FBI request, the Army should be added as a defendant in the Dillon lawsuit.

  11. DXer said

    Senator says FBI lost crucial texts tied to Clinton probe
    Sarah N. Lynch

    Did the FBI destroy crucial emails relating to the Amerithrax investigation and its controversial and disputed “Ivins Theory”?

    Does there needs to be a Congressional probe? Or are they going to be processed and produced.
    This was FBI Director Mueller’s biggest and most important whodunnit.

    NYT interview of former lead Amerithrax investigator Richard Lambert: “a staggering amount of exculpatory evidence” regarding Dr. Ivins remains secret
    Posted on July 16, 2016

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