Judge grants six-month stay in anthrax civil suit

AP ^ | 4/28/04 | Jill Barton

[TrebleRebel]

Judge grants six-month stay in anthrax civil suit

Wed April 28, 2004

JILL BARTON

Associated Press

WEST PALM BEACH, Fla. - A judge delayed until June a lawsuit filed by the widow of a man killed by anthrax, siding with federal attorneys who argued the suit jeopardized the government's investigation into the 2001 attacks.

Justice Department attorneys told U.S. District Judge Daniel T.K. Hurley they are at a crucial stage in the anthrax investigation, and that it's a matter of national security to delay the lawsuit.

In a January court filing, the attorneys said six months could allow them to isolate the kind of anthrax used in the attacks. They could not say whether a suspect would be arrested in that time frame.

Hurley wrote in Tuesday's ruling that the court recognizes the government's "compelling, paramount interest" in completing the investigation.

Robert Stevens, an editor for The Sun tabloid, is believed to have contracted anthrax from a tainted letter sent to the Boca Raton headquarters of American Media Inc. He died October 5, 2001, from inhalation anthrax, a rare and particularly lethal form of the disease.

Anthrax was also sent through the mail to media outlets in New York and a congressional building in Washington, killing four others and sickening more than a dozen people in several states.

Maureen Stevens is seeking more than $50 million in what is believed to be the first lawsuit aiming to hold the federal government accountable for producing and mishandling the deadly strain of anthrax that the lawsuit says killed her husband.

Her attorney, Richard Schuler, who could not be reached on Wednesday, previously called the government's request an elaborate tactic to stall the case. He said the government might try for another delay after this one.

[TrebleRebel]

Mrs. Stevens' attorney is likely correct in his statement - the FBI will almost certainly try another stall after the 6 months expires on this one. They have been stalling for the last 2 1/2 years.

[TrebleRebel]

ping

[FairOpinion]

It makes you wonder whether they don't want to find out the truth, doesn't it.

[Southack]

"Robert Stevens, an editor for The Sun tabloid, is believed to have contracted anthrax from a tainted letter"

That assumption screwed the government's investigation from moment one. No anthrax letter was ever found, and is certainly not in the government's evidence locker, from the Florida anthrax infections.

Thus, their case was prejudiced from the very beginning because they wrongly guessed that the editor could have only contracted anthrax from a *letter*.

In truth, anthrax can contaminate many paper products besides envelopes...including money.

Oh, has anyone on the anthrax investigation ever bothered to even *ask* if the 9/11 terrorists (at least one of whom rented a room from the wife of the owner of the Florida tabloid's AMI headquarters building) ever paid their rent in cash?? You know, in paper greenbacks or with a paper check in an envelope?!

[swilhelm73]

Amazing isn't it. Over two years later and the Feds haven't indicted anyone and as far as we know have no serious suspects now that the Hatfill circus has fallen through.

Maybe they should have spent a little more time on the obvious leads to AQ and a little less time draining lakes to search for turtle traps.

[cgk]

End of April to June is a 6 month stay? I'm missing something here. And how would 2-6 months make a difference in FILING a lawsuit that will no doubt drag on for years and years before evidence even gets traded?

[TrebleRebel]

I think the clock started ticking on the 6 months in January when the Feds made their initial request. So that means the clock stops in June. The news from yesterday was that the judge made a written decision on the original request from January.

No doubt the Feds will simply ask for another 6 months in June - with all the usual "we're at a really, really critical stage, national security, blah, blah" language.

The Feds do not want the information getting out on how the anthrax was weaponized. Because then we'd all know who manufactured it.

see http://anthrax2001.blogspot.com for details.

[Shermy]

they are at a crucial stage in the anthrax investigation, and that it's a matter of national security to delay the lawsuit.

In a January court filing, the attorneys said six months could allow them to isolate the kind of anthrax used in the attacks.

Gee, over two years down the road and "they" decide now to "isolate" the stuff.

Shameless. But better than admitting a screw up, or that they were misled by certain persons...

[cgk]

Thanks for clearing that time thing up. What are your thoughts on the 'dusty formulations' of Iraq's WMD's described here: NTI: Dusty Agents and the Iraqi Chemical Weapons Arsenal

.

I'd still like to know what the Leahy letter looks like. Considering we've only been shown photocopies of the letters and they match each other in at least 2 instances, why not photocopy another letter to show us?

[cgk]

A few more months and they can dissemniate for all the world to see - they found it in Iraq. Hah.

[TrebleRebel]

"But better than admitting a screw up, or that they were misled by certain persons..."

The FBI chief scientist, Dwight Adams, apparently told members of the senate staff, in a private briefing, that there were no additives in the senate anthrax:

http://www.angelfire.com/blog/sophie_d2/Anthrax_Science.pdf

His evidence for this was a scientific paper provided to him by well-known arms activist Matthew Meselson (who was head of FAS before Barbara Hatch Rosenberg took over).

It's important to note that the US armay have OFFICIALLY declared that the silica additives WERE THERE:

http://www.afip.org/cgi-bin/whatsnew.cgi/current.html?article=115
“This (silica) was a key component,” Mullick said. “Silica prevents the anthrax from aggregating, making it easier to aerosolize.

So if the analysis results get released to the public through this lawsuit, Dwight Adams's career may be over. And what's more important - solving a case or the career of an FBI bureaucrat?

[pttttt]

Something else to think about...

[jpl]

End of April to June is a 6 month stay? I'm missing something here.

The six month stay in the Stevens case was made retroactive to January. In the Hatfill case, a six month stay was also granted, but it was not retroactive and goes until October. The feds have just about managed to play this game out all the way to the elections, when the anthrax attack will be the last thing on people's minds.

Oh, and I'm not holding my breath waiting for that "big breakthough" in June, October, or any other time.