On November 29, 2010 the University of California Washington Center hosted a seminar, sponsored by UCLA, on the 2001 anthrax mailings investigation.

At the first session, attended by 45, four panelists discussed the investigation itself, with the consensus emerging that FBI had made a series of errors and that its allegations against U.S. Army scientist Bruce Ivins lacked substance.   (The case has never been tried in court because Ivins committed suicide.)   The second session, for which 25 remained, analyzed the lessons learned and the broader implications of the case, which was the largest criminal investigation in American history.  

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Here are the judge’s March 16, 2020 Order and Memorandum opinion giving his final ruling.  For a general explanation of the anthrax mailings case, see Was Abderraouf Jdey the Anthrax Mailer?  The judge does not appear to have read it.

Of the documents, the first set was released by FBI in the course of the litigation.  The second set includes selected lawsuit documents from Dillon v. U.S. Department of Justice.  Following this is a discussion of possible destruction of evidence. 

The first set includes 102 pages of emails to and from accused Mailer Bruce Ivins, released by FBI on court order on March 20, 2019, plus Laboratory Notebook 4282. FOIA request #1327397 sought Ivins’s emails and other documents for September and October, 2001. FOIA request #1329530 sought the Table of Contents and the 16 pages on Ivins from the 2000-page Interim Major Case Summary of 2006.  After repeated failures to find emails, FBI experts located them as 1A attachments in the Amerithrax file.

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anthrax

As readers of Was Abderraouf Jdey the Anthrax Mailer? will appreciate, more likely than not Canadian al Qaeda operative Jdey was indeed the person who mailed the anthrax letters of 2001. But we must ask: How did al Qaeda gain access to the anthrax?

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There are two sides to every story. Judges rightly admonish juries to check out both sides before coming to a conclusion. Our entire system of adversarial justice is built on this principle. But under surveillance by FBI in the 2001 anthrax mailings case, U.S. Army scientist Bruce Ivins committed suicide. So only one side got to tell its version of the story.

Upon closing the case on February 19, 2010, FBI issued an Amerithrax Investigative Summary that concludes that Ivins was the anthrax mailer. The Summary contains serious errors as well as minor ones. It also omits crucial information. So, to ensure a fair outcome, we need to look at it through the eyes of a defense attorney, to make sure that the American people can check out both sides of the story before coming to a conclusion.

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Bruce Ivins

 

On March 23, 2011 a panel of psychiatrists and others who consult for government security agencies issued a report1 on the behavior of alleged anthrax mailer US Army scientist Bruce Ivins. The panel, which was selected and chaired by an FBI consultant in the investigation,2 purports to offer an independent view.

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jdeyAmid the twists, turns, and baffling uncertainties of the 2001 anthrax mailings case, many observers have managed to hold fast to one conviction: that the anthrax letters can’t possibly have been the work of al Qaeda.  But are they right? One way to find out would be to identify the actual Mailer. That may prove easier than often thought—if one looks in the right place. Another approach would involve analyzing each of the objections to determine its merits. Let’s try that.

Objections, Objections

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jdeyAs is spelled out in “Was Abderraouf Jdey the Anthrax Mailer?“, the real Anthrax Mailer was not dedicated, patriotic, psychologically vulnerable U.S. Government scientist Bruce Ivins, as FBI so unpersuasively claims. Much more likely than not, the Mailer was in fact Abderraouf Jdey, a known al Qaeda operative based in Montreal who had been detained, then released, in the summer of 2001.

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jdey[In a 2004 leak of a top secret Canadian Security Intelligence Service report, an al Qaeda detainee said that Abderraouf Jdey, a Canadian citizen of Tunisian origin, used a shoe bomb to cause the November 12, 2001 crash of American Airlines #587 from Kennedy Airport. Circumstantial evidence suggests that Jdey was also the mailer of the anthrax letters. See the analysis at the article Was Abderraouf Jdey The Anthrax Mailer?. The arguments below regarding the use of a Stinger-like missile and a northern New Jersey location of the Mailer are incorrect, but they are not being changed so that readers may follow the logic that led to the identification of Jdey as the likely Mailer. Information from October 2006 that the water used to prepare the anthrax was from the northeastern United States rules out a UK origin, as incorrectly argued below.]

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IvinsEarth And Planetary ScienceThe FBI investigation of the 2001 anthrax mailings may well have been the most extensive criminal investigation in world history. According to FBI, which closed its investigation on February 19, 2010, the Mailer was U.S. Government scientist Bruce Ivins, who committed suicide in July, 2008. But the evidence FBI has adduced is so weak that skepticism is widespread among scientists, other observers of the case, and the public at large.

Many observers find it impossible to believe that the Bureau could persuasively rule out the other hundreds of scientists who had access to the virulent strain of anthrax from the flask Ivins kept. Few doubt that the anthrax in at least some of the letters came originally from this flask, but critics charge that FBI has no valid reason to claim that Ivins was the one who prepared the anthrax and put it into the envelopes. FBI has also not addressed the possibility that someone stole the anthrax, even though researcher Ross Getman has identified several university labs and a bioscience company where al Qaeda sympathizers could have had access to anthrax originating in Ivins’s flask.

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There’s a gaping hole in the FBI’s argument that U.S. Government scientist Bruce Ivins was the Anthrax Mailer.

In addition to the hundreds of scientists with access to virulent anthrax from Ivins’s flask whom the FBI claims to have ruled out, one unauthorized individual had a special kind of access–the kind you get when you steal something. Hovering in proximity to an unlocked refrigerator with the anthrax at George Mason University was Islamic ideologue Ali al-Timimi, who in early 2001 was studying for a Ph.D in computational biology. Al-Timimi has since been arrested and sentenced for inciting Muslims in Virginia to travel to Pakistan to fight against U.S. forces.

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On November 12, 2001 American Airlines Flight #587 crashed in Queens, New York shortly after take off, killing 265. Some observers were quick to suggest that al Qaeda terrorists had brought the aircraft down. But the October 26, 2004 official report by the National Transportation Safety Board blamed the crash on the co-pilot, who jerked the rudder back and forth in an effort to correct for turbulence from a preceding jet.

The crash was soon eclipsed by the repercussions of the 9/11 terrorist attacks, the anthrax mailings, and the war in Afghanistan. Yet suspicions lingered. Many eyewitness accounts, for instance, seemed consistent with an on-board explosion, yet the report brushed them aside as contradicting each other and generally unreliable.

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Worlds in Collision (1950) and Earth in Upheaval (1955) set forth the evidence and arguments for Immanuel Velikovsky’s pioneering, controversial theory that Venus emerged from Jupiter as a comet and repeatedly approached Earth, causing the Bronze Age catastrophes.  Kenneth J. Dillon and Stephen J. Dillon discuss these books and the Scientific Rejectionism that stigmatized Velikovsky, thwarting a full, balanced assessment of his theories ever since.  See also https://www.scientiapress.com/revised-venus-theory.

 

10-05 ver.3.mp4

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