No experts who examined the spore pictures actually SAW any additives.
There is no principle to silica coatings.
Anthrax spores don't clump.
It's a near certainty that a child wrote the letters.
Ed, how does your much belabored discussion of silica square with the image and discussion of anthrax powder simulant in an envelope in the NATO book that used silica? The book relates, in part, to work done at Leeds and Durham Universities in the UK.
http://www.springerlink.com/index/3j833v8g912117l7.pdf
But I digress. Let’s get back to the Hatfill exhibits concerning leaks of Amerithrax law enforcement information by the father of Al-Timimi’s current pro bono counsel.
In early August 2002, the head of the FBI District of Columbia Field Office initiated a leak investigation related to Amerithrax information. The first leak investigation concerned leak of bloodhound story to Newsweek (according to email discussed in deposition of lead prosecutor Daniel Seikaly in which he repeatedly pled the Fifth Amendment). A memo from DC Field Office head Van Harp read:
TO: OPR
NSD
From: Washington Field
ADIC’s Office: Harp Van A (202) xxx-xxxx
***
Title: UNSUB
UNAUTHORIZED DISCLOSURE AND/OR
MEDIA LEAK IN CONNECTION WITH THE
AMERITHRAX INVESTIGATION
***
[REDACTED]
[REDACTED]
The appearance of this information in the media affects the conduct of this investigation as well as the morale of the dedicated personnel who have expended enormous energy and effort on this investigation.
As such, I am requesting that either a media leak or OPR investigation be initiated. In the event a leak investigation is initiated then the enclosed LRM should be hand delivered to AAG Chertoff. [REDACTED]
The investigation was closed in October 2002. The memo read:
Date: October 8, 2002
To: Mr. H. Marshall Jarrett
Counsel
Office of Professional Responsibility
United States Department of Justice
From: David W. Szady
Assistant Director
Counterintelligence Division
Subject: [REDACTED[
The purpose of this memorandum is to notify your office of the closing of the FBI’s criminal investigation of the captioned media leak matter. It is the understanding of the FBI that your continUed investigation of this matter will be pursued by your office.
[REDACTED]
***
After a January 9, 2003 “exclusive” report by ABC’s Brian Ross that the FBI was focusing on Hatfill and was going to conduct a second round of interviews with other former and current government scientists so that they might rule them out by the process of elimination, the FBI initiated a second media leak investigation. This time it was to proceed with “extreme zeal.”
The memo read:
Precedence: PRIORITY Date: 1/13/2003
To: Director’s Office
Washington Field
From: Washington Field
Contact Richard L. Lambert 202-xxx-xxxx
Approved by: Harp Van
Lambert Richard L
Title: AMERITHRAX
MAJOR CASE 184
00: WFO
Synopsis: To request the opening of new OPR media leak investigation regarding captioned case.
[large redacted passages]
To demonstrate the seriousness with which the FBI views this matter, it is requested that the OPR inquiry commence with an interview of IIC Rick Lambert who will waive all Fifth Amendment privileges and accede to a voluntary polygraph examination to set a tone of candor, forthrightness and cooperation.
[redacted]
The instant matter is the second unauthorized media disclosure to occur in this investigation. Its potential detriment to the effective prosecution of the case is substantial. Accordingly, in the interests of both specific and general deterrence, the Inspector in Charge requests that this OPR inquiry be pursued with unprecedent zeal.”
A June 2003 email then shut the barn door long after the horse had left the barn door:
From: DEBRA WEIERMAN
To: Lisa Hodgson
Date: Wed, June 4, 2003 12:18 PM
Subject: AMERITHRAX INVESTIGATION
Lisa: Please disseminate to all WFO employees. Thanks, Debbie
For the information of all recipients, Director Mueller has ordered that no one discuss the AMERITHRAX case with any representative of the news media. The WFO and Baltimore Media Offices have released several media advisories, which were coordinated with the US Attorney and FBIHQ, to explain specific milestones in the case. However, NO FBI WFO EMPLOYEE, INCLUDING MYSELF AND INSPECTOR RICK LAMBERT, WHO IS IN CHARGE OF AMERITHRAX, IS TO RESPOND TO ANY MEDIA INQUIRIES, THE ONLY EXCEPTION IS DEBBIE WEIERMAN IN THE MEDIA OFFICE. All inquiries from reporters or journalists received by any WFO employee are to be immediately referred to Debbie at xxx-xxxx, and she will handle.
I thank everyone at WFO for their dedication to the job and to this office. I also thank you for your cooperation in this very important matter.
Mike Rolince
In October 2007, the former Criminal Chief of the U.S. Attorney’s Office for the District of Columbia, Daniel Seikaly — Al-Timimi’s pro bono counsel’s father — was deposed in the civil rights action by Steve Hatfill about whether he was the source of leaks relating to Steve Hatfill in connection the use of bloodhounds in the anthrax investigation and the draining of ponds in Frederick, Maryland. Key stories appeared in Newsweek and Washington Post. Attorney Seikaly pled the Fifth Amendment against self-incrimination in connection with most substantive questions.
Here are some excerpts from the deposition:
“Q. ... calls this article, quote ‘An exclusive look at the search for the perpetrator of America’s worst bioterror attack.” Did you tell Mr. Klaidman [of Newsweek] that you were giving him an exclusive on this information?
[deponent invokes Fifth Amendment]
Q. Did you tell Mr. Klaidman that the FBI was acting on a tip when it searched the pond in Frederick?
...
Q. Did you tell Mr. Klaidman that FBI agents had interviewed the acquaintance of Dr. Hatfill’s that was supposedly the tipster?
[deponent invokes Fifth Amendment]
Q. Did you tell Mr. Klaidman that the acquaintance had told the FBI that Dr. Hatfill said toxic bacteria could be made in the woods and the evidence could be tossed in the lake?
[deponent invokes Fifth Amendment]
Q. Did you tell Mr. Klaidman that the FBI might drain the entire pond the month after this report?
[deponent invokes Fifth Amendment]
[Lawyer defending deposition] Mark, let me say something on the record so we all understand the assertion because the manner in which — or the type of questions you’re asking here. My client has been instructed to assert the Fifth Amendment privilege regardless of whether or not the answer to the question would be yes or no, because even if the answer were to be no, if he answered no to certain questions, I think an inference could be drawn from that as to what he does or doesn’t know.
So I just want to make sure you understand in terms of our Fifth Amendment assertion here is that he’s asserting the Fifth Amendment privilege to questions that may have a yes or no answer, and it’s not fair to assume that the answer to every one of these questions would be yes or no if he were to answer the questions. Does that make sense?
Q. It makes sense, but we will be seeking an adverse inference as to all questions where the fifth amendment is taken.
***
Q. Mr. Seikaly, do you deny any of the statements attributed to you by Mr. Klaidman with respect to the [Newsweek bloodhound story]
[deponent invokes Fifth Amendment]
Q Is it actually even true whether the search of the pond was prompted by a tip?
Q. Are you aware of any information that might have been used as a predicate for the pond search having been obtained as the fruits of electronic surveillance?
[deponent invokes Fifth Amendment]
Q Did you tell Mr. Klaidman that agents might be looking for a wet suit that could have been used to dispose of — that could have been used and disposed of by the anthrax attacker?
[deponent invokes Fifth Amendment]
***
Q. Did you give Allan Lengel of The Washington Post any information reflected in this article?
[deponent invokes Fifth Amendment]
Q. Mr. Lengel has testified that you told him the FBI search of the pond in Frederick was tied to Steven Hatfill and that it was triggered by a hypothetical statement Dr. Hatfill has made about anthrax; is that correct?
A. That Mr. Lengel testified about that?
Q. Is it correct that you told Mr. Lengel about those things?
[deponent invokes Fifth Amendment]
Q. How did you know that the FBI’s search of the pond in Frederick was tied to Steven Hatfill?
[deponent invokes Fifth Amendment]
***
Q. Why did you decide to disclose information to Mr. Lengel about the pond search?
[deponent invokes Fifth Amendment]
***
Q Did you tell Mr. Lengel that the items recovered from the pond up to that point included a clear box with holes that could accommodate gloves?
[deponent invokes Fifth Amendment]
***
Q Did you tell Mr. Lengel that the items recovered from the pond up that point included vials wrapped in plastic?
[deponent invokes Fifth Amendment]
Q. Do you specifically deny making any statement that Mr. Lengel has attributed to you?
[deponent invokes Fifth Amendment]
***
Q. How did you know that tests for the presence of anthrax bacteria on the equipment were continuing after two rounds of tests produced conflicting results?
[deponent invokes Fifth Amendment]
Q. Why did you disclose that information to Mr. Lengel?
[deponent invokes Fifth Amendment]
***
Q Did you tell Mr. Lengel that the search of the pond in Frederick netted nothing but a hodgepodge of items that did not appear to be linked to the case?
[deponent invokes Fifth Amendment]
***
Q If we take the dates from Exhibits É, it appears that you disclosed investigative information to Mr. Lengel for articles that appeared in January 2003, May 2003, June 2003 and August 2003. Is that right?
[deponent invokes Fifth Amendment]
***
Q. É Do you know whether you ever saw this e-mail before?
A. I don’t believe I have.
Q. Okay. Let’s look at the partially redacted paragraph. It says, quote, “WFO [Washington Field Office] has opened a leak investigation in an attempt to find out who spoke to Newsweek Magazine over the weekend about the bureau’s use of bloodhounds in the anthrax investigation,” closed quote. Do you see that?
A. I do.
Q. And the date of the email is August 5th, 2002.
A. That’s correct.
Q. The investigation that’s referenced here is about the story that you gave Mr. Klaidman, is it not?
A. Assert my Fifth Amendment Privilege in response.
***
Q. Okay. In the bottom e-mail, when Blier begins, “here is a summary of my conversation with Glen about the anthrax leak investigation.” Now, Bill Blier worked for you, did he not?
A. Yes.
Q. Did you know what Mr. Blier was referring to when he referred to, quote, the anthrax leak investigation?
A. I believe that it was an investigation involving the possible compromise of classified information is my understanding. I did know about an investigation in that.
***
Q And do you know whether that had anything to do with bloodhounds or Newsweek?
A I don’t believe it did but I don’t know.
***
Q You were aware of an anthrax investigation, yes?
A. I was — I was aware that there was a discussion of an investigation involving the compromise of classified information arising from the anthrax investigation, the Amerithrax investigation. I do recall knowing that we were — we and the U.S. Attorney’s Office and the Justice Department were concerned about this and were seeking to find out who compromised the classified information.
***
Q. Did you think it remarkable in any way that bloodhounds could track a scent from anthrax letters that were ten months old to a Denny’s in Louisiana where someone had eaten the day before?
[deponent invokes Fifth Amendment]
A disqualification due merely to an “appearance” (rather than an actual conflict) due to a “close family relationship” in connection with a representation that was “substantantially related” is personal and would not serve to disqualify the law firm, Bryan Cave. Moreover, here, the representation at issue was prior and not contemporaneous. But given that it was deemed appropriate to plead the Fifth Amendment, the circumstances requiring withdrawal are compelling. Think of the mess that would result upon a claimed leak of Al-Timimi information. Although she has co-authored with the former NSA General Counsel on requirements re security clearances — and thus would be a valuable addition to the team — I am sure there are others at the firm who would be willing to work on such an interesting case.