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

* Lawsuit Letter Demands That FBI Release Wrongly Withheld Anthrax Case Documents.

Posted by DXer on February 8, 2018

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187 Responses to “* Lawsuit Letter Demands That FBI Release Wrongly Withheld Anthrax Case Documents.”

  1. DXer said

    As I’ve often said on this blog, President Trump is lying when he says that he didn’t know that the Polish workers who demolished the building in advance of building the original Trump Tower were illegal. I knew the owner (the late William K.) of the company that employed them. I knew him in a legal capacity. William K. was from my hometown (or, actually, within a few miles). I was at his home, offered vodka from his freezer, as he explained to me (and this was many many years ago) that Trump knew and bought himself out of the jam.

    Worse yet, what Trump knew was that the reason the workers were not paid (or were slow to be paid) was that much of the money William K. was paid went to the mafia, which Trump also knew about. In fact, I once had (maybe still have) the records that showed the Trump organization took over payment of the workers.

    Not only does Putin have leverage over Trump. So does the mafia.

  2. DXer said

    https://lawandcrime.com/high-profile/trump-appointed-judge-deals-trump-admin-blow-in-foia-lawsuit-over-secret-whitaker-docs/

    Trump-Appointed Judge Deals Trump Admin Blow in FOIA Lawsuit Over Secret Whitaker Docs
    by Colin Kalmbacher | 12:43 pm, December 5th, 2019

    “A federal court has ruled against the Trump administration’s bid to keep financial disclosure documents filed by former acting U.S. Attorney General Matthew Whitaker under lock and key.

    The Department of Justice (DOJ) sought to keep those documents secret in response to a Freedom of Information Act (FOIA) request and lawsuit filed by BuzzFeed News reporter Zoe Tillman in November 2018–roughly two weeks after Whitaker was appointed to the position.

    The DOJ had argued that Whitaker’s financial disclosure forms were exempt from being released under FOIA due to the private financial information contained therein–and because they were allegedly drafted via “deliberative process,” a legal term of art and privilege which generally keeps internal executive branch decision-making from seeing the light of day.

    Specifically, DOJ claimed that FOIA Exemption 5 provided the agency with an excuse to keep Whitaker’s disclosure forms from being viewed by the public. That exemption protects from disclosure “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency,” according to the FOIA statute.

    U.S. District Judge Trevor McFadden thoroughly disagreed with that argument because Whitaker’s draft financial disclosure forms actually didn’t show any DOJ deliberations whatsoever.

    ***

    McFadden also took the opportunity to rubbish some of the DOJ’s legal argumentation in somewhat harsh terms.”

    ____

    The full 16 page decision is available at the link.

  3. DXer said

    Let’s consider that Ben Carson wrote Anonymous WARNING.

    If Trump cannot figure out who wrote the book, then what powers does the Office of the President really have? What powers of observation and analysis does he and his colleagues have?

    (The book is extremely readable and I recommend it to you as a holiday gift idea).

  4. DXer said

    AG Barr Went After the Freedom of Information Act During Federalist Society Speech
    by Colin Kalmbacher | 4:25 pm, November 16th, 2019
    https://lawandcrime.com/high-profile/ag-barr-went-after-the-freedom-of-information-act-during-federalist-society-speech/

    “There is no FOIA for Congress or the Courts. Yet Congress has happily created a regime that allows the public to seek whatever documents it wants from the Executive Branch at the same time that individual congressional committees spend their days trying to publicize the Executive’s internal decisional process. That process cannot function properly if it is public, nor is it productive to have our government devoting enormous resources to squabbling about what becomes public and when, rather than doing the work of the people.”

    ***

    Attorney Mark Zaid, who is currently part of the legal team representing the intelligence community whistleblower, added his disapproval of Barr’s anti-transparency commentary.

    “No, not in a good way at all,” Zaid said in response to Leopold. “Not even John Ashcroft, when he was President [George W.] Bush‘s Attorney General, spoke negatively about #FOIA in this manner. Most past AGs have actually favorably embraced statute as positive example of how our country leads world in transparency & democracy.”

    Comment:

    Attorney General Barr’s job is to see that the law is enforced. That is the essence of the “rule of law.” If he is not comfortable with the role, and instead wants to join the President in playing Emperor, then he should step aside.

    Center for Public Integrity reporter Carrie Levine noted that Barr’s criticism wasn’t entirely accurate.

    “Worth adding to this that there is also no FOIA for the White House, which seems like important context for Barr’s comments here,” she said. “It’s a pretty big loophole when it comes to transparency and the executive branch.”

    It becomes clear, though, that in FOIA head Dave Hardy’s cavalier failure to have an employee go to the CART examination and pull the September and October 2001 emails to and from Dr. Ivins, Hardy has Attorney General Barr’s support.

  5. DXer said

    FOIA release:

    Mueller interview notes obtained by CNN show Trump’s push for stolen emails

    By Katelyn Polantz, CNN
    Updated 0858 GMT (1658 HKT) November 3, 2019
    https://edition.cnn.com/2019/11/02/politics/mueller-investigation-notes-trump-stolen-emails/index.html

    (CNN)President Donald Trump and other top 2016 Trump campaign officials repeatedly privately discussed how the campaign could get access to stolen Democratic emails WikiLeaks had in 2016, according to newly released interview notes from Robert Mueller’s special counsel investigation.

    CNN sued the Justice Department for access to Mueller’s witness interview notes, and this weekend’s release marks the first publicly available behind-the-scenes look at Mueller’s investigative work outside of court proceedings and the report itself. Per a judge’s order, the Justice Department will continue to release new tranches of the Mueller investigative notes monthly to CNN and Buzzfeed News, which also sued for them.

    Comment: The media overlooks its moral fault for always rushing to publish illegally obtained emails. If emails were obtained through unauthorized (illegal) access, why publish them and create an incentive for additional hacking?

  6. DXer said

    Pennsylvania told to produce documents about mystery FBI dig
    By MICHAEL RUBINKAMOctober 24, 2019

    https://apnews.com/2030ebe35636401b9f567759ce81dac5

    On the state level, meanwhile, the Department of Conservation and Natural Resources claimed a sealed federal court order prevented it from releasing any documents on the FBI dig. After seeing the federal order for itself, the state Commonwealth Court declared Thursday it “does not protect or otherwise prohibit disclosure of communications between the FBI and the natural resources department regarding the excavation at Dent’s Run.”
    Finders Keepers’ attorney, Bill Cluck, said his reading of the order is “they’ve got to produce whatever they got from the FBI.”

    Comment:

    It will be interesting to see the documents that they obtain. I hope the searchers or State will share them.

    Unrelatedly, I was thrilled to learn of the discovery of a hidden cache in Boston related to a 1982 children’s book. The author of the book died in a car accident in 2005.

    Someone Found Actual Buried Treasure (!!) in the North End
    Some real-life National Treasure stuff going on here and you love to see it.
    by SPENCER BUELL· 10/25/2019, 12:51 p.m.

    https://www.bostonmagazine.com/news/2019/10/25/buried-treasure-north-end/

    http://thesecret.pbworks.com/w/page/22148559/FrontPage

    Of the 9 treasures remaining, I have my eye on one that looks to be in Brooklyn. My proposed solve of the clues related to that particular treasure (image 12; verse 10) are very specific. But this permission to dig issue is a puzzler, to be sure.

    And I don’t approve of unapproved digging on private or public park property. (I of course would prefer it be on a Coney Island beach where I could just spread out my blanket.

    The only treasure hunt I ever welcomed the FBI on was having the undercover contractor working as the graphic artist for the blog accompany me to Saratoga for Dutch Schultz’s treasure. Travel Channel later filmed but had to call the police when after digging, bones were found in the safe room in the house that I identified for search. Using a media company, like using the FBI, is a useful treasure hunting tactic; but media companies are just as tight-lipped as the FBI when it comes to sharing information and research. For all I know, they were bones of a cow.

    I had also planned to bring the graphic artist/FBI contractor along in searching for Isabella Gardner’s paintings up in Maine, starting at Robert Guarente’s old abandoned farmhouse. But the guy I call “undercover” bailed at the last minute and so I just went with my daughter. I left at a remote cabin on the river after she (being a very sensible young gal) declined to join me at the site down the road. Two men in dark suits looked through the window while I was gone. I didn’t find the paintings and posted the pictures of the concrete slab I was hoping the FBI would address with a backhoe and ground penetrating radar. After the gangster’s widow Elene Guarante reported I was making her nervous asking questions around town, the museum security director Tony suggested that I leave the State. (That was when I learned gangster EB’s name and passed it on to the museum and the investigative reporter and book author SK).

    Gangster Bobby Guarente and wife Elene were not getting along in his final days. The museum and FBI were mistaken if they thought Elene’s cooperation and testimony before a grand jury would lead them to the paintings. It was his daughter who was Bobby’s confidante. The FBI didn’t even know that it was the daughter (along with Elene and EB) who attempted to return the paintings before Tony took the job as security director. (The trio used a lawyer as a front.) Forensics on submitted paint chips played/still play a key role in understanding whether the daughter in fact had the goods or key info as to the location of the paintings.

    Bottom-line: the FBI can bring heavy equipment and sledge hammers and electronic eavesdropping technology — and get permission to search. And so they are probably pretty darn good at finding lost treasures compared to the typical searcher.

    But I wouldn’t want to count on the FBI on being transparent. In this search for confederate gold, I don’t know the details of the search and so have no idea what the 1400 pages of documents will show.

  7. DXer said

    Judge to DOJ: Decide on charging Andrew McCabe by Nov. 15, or face release of FBI records
    https://www.washingtonpost.com/local/legal-issues/judge-to-doj-decide-on-charging-andrew-mccabe-by-nov-15-or-face-release-of-fbi-records/2019/10/01/3e169168-e3c4-11e9-a331-2df12d56a80b_story.html

    “I would send this message to those in positions of authority in the U.S. Attorney’s office and the Justice Department . . . that I will not condone further delay,” Walton said, according to a transcript of the unsealed portion of the hearing.

    Walton expressed “dismay” to Justice lawyers that the case “is just dragging too long,” adding: “You all have got to cut and make your decision. It’s not a hard decision, and I think it needs to be made. If it’s not made, I’m going to start ordering the release of information because I think our society, our public does have a right to know what’s going on.”

    The legal watchdog group Citizens for Responsibility and Ethics in Washington, or CREW, sued in July 2018 to enforce its FOIA request for all government records related to the FBI’s investigation into McCabe, a request CREW filed shortly after McCabe was fired on March 16, 2018.

    At Monday’s hearing in Washington, Anne L. Weismann, chief FOIA counsel for CREW, said McCabe’s lawsuit “reveals exactly what we had feared,” by alleging the inspector general kept exculpatory evidence from the FBI out of its report. She also cited reports that although Deputy Attorney General Jeffrey Rosen has decided to charge McCabe, a grand jury recalled last month to indict him left with no sign of an indictment being returned.

    Weismann, a Justice Department attorney from 1981 to 2002 and former supervisor of government records litigation, argued against allowing further delays based on what she said looks like some “mad effort to find some way to indict Mr. McCabe to appease the president,” adding, “it’s more critical than ever that the public have information. We need to be able to restore our faith in the law enforcement community, in the FBI.”

    Weismann appeared to strike a chord with Walton by saying: “We’re in dark times where there’s growing evidence that the president aided by the attorney general is using the power of his office to go after perceived political enemies. He’s going after the intelligence community. He’s going after the law enforcement community . . . ”

    “Going after the courts, too,” Walton interjected.

    “And he [Trump] is going after the courts, the press,” Weismann continued.

    “I totally appreciate what you just said and share many of the same concerns,” responded Walton, a former senior official in the D.C. U.S. attorney’s office and defense attorney.

    • DXer said

      Former Trump Exec Predicts Trump Will Resign Over Impeachment Threat ‘To Save Face’
      By Ken MeyerOct 7th, 2019, 8:13 am
      https://www.mediaite.com/trump/former-trump-exec-predicts-trump-will-resign-over-impeachment-threat-to-save-face/

      Comment: Regardless whether President Trump will resign (for whatever reason), Republicans should prepare for that contingency and develop an alternative possible candidate — one qualified for the office by reason of his or her experience and integrity.
      Mitt Romney, Nikki Haley, William Weld, Colin Powell… there are many candidates who are possible alternatives to Mr. Trump.

      I personally think that Mr. Trump is not suited to the Office of Presidency. Repeated bankruptcies in the casino and real estate business — and a strongly narcissistic personality — made him ill-suited to the office. Mr. Trump thinks name-calling serves as a substitute for moral leadership
      He has greatly lowered the bar.

      (But I do not think he will resign because then he risks being indicted.)

      Republicans risk damaging their brand in a long-lasting way if they don’t at least take some steps to preserve the future of the party.

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