PLAINTIFF’S STATEMENT OF MATERIAL UNDISPUTED FACTS
IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT
Here is an excerpt from Hatfill’s statement of material facts not in dispute about the leaker Mr. Daniel Seikaly. Mr. Seikaly’s beautiful and accomplished daughter later came to represent Al Timimi pro bono. The Washington Post reported in “Hardball Tactics in an Era of Threats” (September 3, 2006) that the FBI has suspected Ali-Timimi of involvement in the anthrax mailings. Al Timimi was the POI of the other squad. The theory is described at http://www.anthraxandalqaeda.com
63. Mr. Seikaly served as Chief of the Criminal Division of the U.S. Attorney’s
Office for the District of Columbia from August 2001 to August 2004. In that position, he was responsible for supervising all federal criminal prosecutions and investigations in the District of Columbia. Seikaly Dep. at 26:10-29:3 (Ex. 40); Ex. 182; Def.’s Resp. to Pl.’s Second Set of
Interr. No. 25 (Ex. 122); Ex. 181 at 3.
64. What Mr. Seikaly learned about the investigation of Dr. Hatfill by the FBI and Justice Department came from regular briefings, as a part of his job. The U.S. Attorney’s Office for the District of Columbia had the lead role in the Amerithrax investigation. Kenneth Kohl was the Assistant U.S. Attorney in charge of the case; he reported to William Blier, who reported to Mr. Seikaly. Seikaly Dep. at 34:17-35:19 (Ex. 40). Mr. Seikaly participated in regularly scheduled meetings with the FBI about the anthrax investigation. These briefings were attended by Messrs. Seikaly, Howard, Blier, and Kohl from the U.S. Attorney’s office. The purpose of these meetings was for the FBI to provide the U.S. Attorney’s Office information concerning the
progress of the investigation. Seikaly Dep. at 36:20-46:2.
65. Mr. Seikaly knew Mr. Klaidman was a reporter. Klaidman Dep. at 132:13-15 (Ex. 24); Seikaly Dep. at 75:21-76:1 (Ex. 40). Mr. Seikaly also knew that Mr. Klaidman intended to publish the information Mr. Seikaly provided. Klaidman Dep. at 132:16-19 (Ex. 24). Mr. Seikaly voluntarily, intentionally, and willfully disclosed to Mr. Klaidman investigative information about Dr. Hatfill; Mr. Klaidman never tricked or deceived Mr. Seikaly into
disclosing any information. Klaidman Dep. at 133:18-135:17 (Ex. 24).
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66. Mr. Klaidman agreed with Mr. Seikaly that he would not identify Mr. Seikaly as a source. Klaidman Dep. at 116:16-117:22 (Ex. 24). In Mr. Klaidman’s twenty-years of experience, Agency Defendant officials generally insist on anonymity because they do not want to get in trouble. Klaidman Dep. at 113:8-116:9 (Ex. 24). A few weeks prior to Mr. Klaidman’s
deposition, Mr. Seikaly requested that Mr. Klaidman not reveal Mr. Seikaly as a confidential source. Klaidman Dep. at 124:6-126:3 (Ex. 24).
67. Mr. Seikaly spoke to Newsweek with the knowledge of his boss, Mr. Howard, but without the knowledge of the official responsible for dealing with the press. Mr. Klaidman spoke with Mr. Seikaly numerous times about the information contained in Newsweek’s article about the bloodhounds. Klaidman Dep. at 81:11-82:12 (Ex. 24). Mr. Seikaly told Mr. Klaidman
that he obtained his information about the investigation of Dr. Hatfill from “briefings” he received in his “supervisory position as head of the Criminal Division . . . .” Klaidman II Dep. at 41:12-42:6, 57:15-59:19 (Ex. 25). Mr. Howard, then the U.S. Attorney and Mr. Seikaly’s boss,
admitted that Mr. Seikaly informed him that he had recently had a conversation with Mr. Klaidman and that Newsweek was going to run a story about the anthrax investigation; but Mr. Howard claimed not to have inquired further into the substance of Mr. Seikaly’s communication
with Mr. Klaidman. Howard Dep. at 118:3-126:9 (Ex. 20). Channing Phillips, Mr. Howard’s Chief of Staff and spokesman for the U.S. Attorney’s Office, was the designated media contact for the office, but was unaware of Mr. Seikaly’s communications with the media. Phillips Dep. at 41:17-43:13, 156:18-157:3 (Ex. 35); Def.’s Resp. to Pl.’s Second Set of Interr. No. 25. (Ex.
122). Case 1:03-cv-01793-RBW Document 229-3 Filed 04/11/2008
68. Mr. Seikaly disclosed to Mr. Klaidman detailed information concerning the FBI’s investigation of Dr. Hatfill, which Newsweek reported in its issue dated August 12, 2002. Ex. 76. The information he disclosed to Mr. Klaidman included that:
a. The FBI had used bloodhounds in the anthrax investigation early in the
week of July 29, 2002. Klaidman Dep. at 45:11-46:16 (Ex. 24); Klaidman II Dep. at 50:20- 53:12 (Ex. 25);
b. The bloodhounds had been presented with “scent packs” lifted from the
anthrax-tainted letters. Klaidman Dep. at 59:8-17 (Ex. 24); Klaidman II Dep. at 53:19-57:14
(Ex. 25);
c. “[A]gents [had] quietly brought the dogs to various locations frequented
by a dozen people they considered possible suspects—hoping the hounds would match the scent on the letters.” Klaidman Dep. at 61:13-63:4 (Ex. 24);
d. “In place after place, the dogs had no reaction. But when the handlers
approached the Frederick, Md., apartment building of Steven J. Hatfill . . . the dogs immediately became agitated.” Klaidman Dep. at 66:22-68:6 (Ex. 24);
e. The bloodhounds “were barking and howling and straining at their
leashes” at search sites associated with Dr. Hatfill. Klaidman Dep. at 51:12-53:8 (Ex. 24);
f. On August 1, agents arrived at Dr. Hatfill’s apartment “with the
bloodhounds in tow. When they entered the apartment building, one of the dogs excitedly bounded right up to Hatfill.” Klaidman Dep. at 80:7-81:10 (Ex. 24);
g. “The agents also brought the bloodhounds to the Washington, D.C.
apartment of Hatfill’s girlfriend and to a Denny’s restaurant in Louisiana, where Hatfill had Case 1:03-cv-01793-RBW Document 229-3 Filed 04/11/2008 eaten the day before. In both places, the dogs jumped and barked, indicating they’d picked up the scent.” Klaidman Dep. at 61:13-62:20, 69:9-17 (Ex. 24);
h. The bloodhound evidence led investigators to “believe they were finally
on the verge of a breakthrough,” but the FBI was not “close to making any arrests in the case.” Klaidman Dep. at 71:21-72:10, 87:9-22 (Ex. 24), Klaidman II Dep. at 43:17-47:4 (Ex. 25);
i. Dr. Hatfill “waived his physician-patient privilege so investigators could
ask his doctor about Hatfill’s prescription for Cipro,” who explained that “[Dr.] Hatfill had an infection.” Klaidman Dep. at 91:17-92:21 (Ex. 24).
69. On June 2, 2005, the Agency Defendants responded to Dr. Hatfill’s interrogatory requesting a description of any communications related to the anthrax investigation between Agency Defendant officials and the media. Mr. Seikaly verified under penalty of perjury the interrogatory response purporting to detail his communications with the press regarding Dr.
Hatfill; however, this interrogatory response omitted Mr. Seikaly’s communications with Mr. Klaidman about Dr. Hatfill. Def.’s Resp. to Pl.’s Second Set of Interr. No. 25 (Ex. 122).
70. Mr. Seikaly did not deny the disclosures to which Mr. Klaidman testified,
although he had the opportunity to do so. On October 10, 2007, Mr. Seikaly was deposed in this case after releasing Mr. Klaidman from his promising of confidentiality. When questioned about the investigative information concerning Dr. Hatfill he disclosed to Mr. Klaidman, Mr. Seikaly
repeatedly invoked his privilege against self-incrimination under the Fifth Amendment of the U.S. Constitution. Seikaly Dep. at 75:3-82:13, 91:12-98:14, 124:12-133:20, 140:2-142:21,
144:20-145:13, 157:13-17, 162:14-19, 174:2-183:12, 196:5-197:16 (Ex. 40).