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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9112001terrorismThe apparent misdeeds and cover-ups of the administration of George W. Bush related to the terrorist attacks of 2001 remain in historical limbo.  Neither presidents, nor the Congress, nor the media have gotten to the bottom of these tragic events.  The 9/11 Commission Report, while providing hundreds of useful details, egregiously and unpardonably failed to examine the doings of senior government officials in the run-up to 9/11 and so must be considered a cover-up.  As a result, the American public has not come to closure on the 9/11 attacks or on the anthrax mailings of 2001, nor is there a shared understanding of such a critical issue as the real reasons that the US attacked Iraq in 2003.

These failures have left the field open to wild speculations regarding these events, generally termed “conspiracy theories”, though this term obscures the crucial distinction between elaborate prospective plots involving many actors (silly in the context of an open society) and retrospective cover-ups that government officials who have made embarrassing mistakes are all too prone to engage in (very realistic and plausible).  However, it is also true that simple prospective plots involving two or three individuals can occur.

Failure to reach a full, shared understanding of major events that led to interminable wars and occupations in the Middle East and Southwest Asia as well as to the undermining of civil liberties has helped to alienate Americans from their government and media, a  triumph for America’s enemies.  So we must make every effort to establish a clear common interpretation of what actually happened.

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bush

Anomalous Mistake-driven Opportunity Creation (AMOC) occurs when a government official charged with a certain problem commits an extraordinary errorone so inconceivable that no one can imagine that he/she has perpetrated it. And therefore the official gets away with it.

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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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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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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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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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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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